S08308 Summary:

BILL NOS08308C
 
SAME ASSAME AS UNI. A08808-C
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2024-2025 state fiscal year; extends the effectiveness of certain provisions relating to the financing of mass transportation by certain municipal corporations (Part A); provides for mass transportation payments to the Capital District Transportation District; adds Warren county to such district (Part E); extends provisions of law relating to the accident prevention course internet technology pilot program from April 1, 2024 until April 1, 2026 (Part F); extends certain provisions of law relating to certain motor vehicle transaction fees and costs of the department of motor vehicles (Part G); extends provisions of law relating to motor vehicles equipped with autonomous vehicle technology (Part J); enacts the stretch limousine passenger safety act (Part K); enacts the waterfront commission act to regulate the occupations of longshore workers, stevedores, pier superintendents, hiring agents and security officers to preserve the rights of such workers and the economic stability of the port of New York district; repeals provisions of law relating to waterfront employment and air freight industry regulation (Part L); extends provisions relating to the clean energy resources and development and incentives program until April 19, 2030; relates to renewable energy generation projects and qualified energy storage systems (Part M); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the department of environmental conservation from an assessment on gas and electric corporations; directs unused funds to be refunded on a pro-rata basis to such gas and electric corporations (Part N); enacts the "renewable action through project interconnection and deployment (RAPID) act" to timely achieve certain renewable energy and greenhouse gas reduction targets; transfers the functions of the office of renewable energy siting to the department of public service and accelerating the permitting of electric utility transmission facilities; makes related provisions (Part O); 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 Q); authorizes state assistance payments toward climate smart community projects of up to eighty percent to municipalities that meet criteria relating to financial hardship or disadvantaged communities; provides that financial hardship is determined by whether a municipality has a median household income at or below eighty percent of the state median household income (Part S); relates to air quality control program fees and ozone non-attainment fee programs; establishes the air quality improvement fund (Part T); extends provisions of law relating to the powers and duties of the dormitory authority to establish subsidiaries (Part V); relates to the Battery Park city authority's authorization to issue bonds and notes (Part W); increases the cap on grants to entrepreneurship assistance centers (Part X); extends provisions of law relating to the New York state infrastructure trust fund to July 1, 2025 (Part Y); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part Z); extends provisions of law relating to the powers of the New York state urban development corporation act to make loans (Part AA); extends provisions of the New York state health insurance continuation assistance demonstration project (Part BB); provides that covered prescription insulin drugs shall not be subject to deductible, copayment, coinsurance or other cost sharing requirements (Part EE); extends certain provisions relating to permitting videoconferencing and remote participation in public meetings (Part KK); relates to reinsurance, credits for assessments paid; relates to credit relating to life and health insurance guaranty corporation assessments (Part LL); enacts the "artificial intelligence deceptive practices act"; provides for privacy rights involving digitization (Subpart A); requires disclosure of the use of digitization in political communications (Subpart B) (Part MM); relates to rates for livery insurance (Part NN); allows regional economic development council awardees to certify that they offer youth internship opportunities (Part OO); establishes a sales tax exemption for residential energy storage systems equipment (Part PP); directs the New York state energy research and development authority to conduct a highway and depot charging needs evaluation (Part QQ); authorizes the state to consent to binding arbitration with respect to certain contracts adopted by the Gateway Development Commission (Part RR); establishes a local authorities searchable subsidy and economic development benefits database (Subpart A); provides for the applicability of open meetings and freedom of information laws to state and local authorities (Subpart B) (Part SS); establishes the New York state empire artificial intelligence research program and the empire AI consortium; sets forth the plan of operation and financial oversight of the empire AI consortium (Subpart A); authorizes the state university of New York at Buffalo to lease a portion of lands to the empire AI consortium to create and launch a state-of-the-art artificial intelligence computing center (Subpart B) (Part TT).
Go to top    

S08308 Actions:

BILL NOS08308C
 
01/17/2024REFERRED TO FINANCE
02/20/2024AMEND (T) AND RECOMMIT TO FINANCE
02/20/2024PRINT NUMBER 8308A
03/11/2024AMEND (T) AND RECOMMIT TO FINANCE
03/11/2024PRINT NUMBER 8308B
04/18/2024AMEND (T) AND RECOMMIT TO FINANCE
04/18/2024PRINT NUMBER 8308C
04/18/2024ORDERED TO THIRD READING CAL.842
04/18/2024MESSAGE OF NECESSITY - 3 DAY MESSAGE
04/18/2024SUBSTITUTED BY A8808C
 A08808 AMEND=C Budget
 01/17/2024referred to ways and means
 02/20/2024amend (t) and recommit to ways and means
 02/20/2024print number 8808a
 03/12/2024amend (t) and recommit to ways and means
 03/12/2024print number 8808b
 04/18/2024amend (t) and recommit to ways and means
 04/18/2024print number 8808c
 04/18/2024reported referred to rules
 04/18/2024reported
 04/18/2024rules report cal.31
 04/18/2024ordered to third reading rules cal.31
 04/18/2024message of necessity - 3 day message
 04/18/2024passed assembly
 04/18/2024delivered to senate
 04/18/2024REFERRED TO FINANCE
 04/18/2024SUBSTITUTED FOR S8308C
 04/18/20243RD READING CAL.842
 04/18/2024MESSAGE OF NECESSITY - 3 DAY MESSAGE
 04/18/2024PASSED SENATE
 04/18/2024RETURNED TO ASSEMBLY
 04/20/2024delivered to governor
 04/20/2024signed chap.58
Go to top

S08308 Committee Votes:

Go to top

S08308 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 8308--C                                            A. 8808--C
 
                SENATE - ASSEMBLY
 
                                    January 17, 2024
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  to amend part PP of chapter 54 of the laws of 2016 amending the
          public authorities law and the general municipal law relating  to  the
          New York transit authority and the metropolitan transportation author-
          ity,  in  relation  to extending provisions of law relating to certain
          tax increment financing provisions  (Part  A);  intentionally  omitted
          (Part  B); intentionally omitted (Part C); intentionally omitted (Part
          D); to amend part I of chapter 413 of the laws of  1999,  relating  to
          providing  for mass transportation payments, in relation to the amount
          of   payments in the  Capital  District  Transportation  District  and
          adding  Warren  County to such District (Part E); to amend chapter 751
          of the laws of 2005, amending the insurance law and  the  vehicle  and
          traffic  law  relating  to establishing the accident prevention course
          internet technology pilot program, in relation  to  the  effectiveness
          thereof  (Part F); to amend part U1 of chapter 62 of the laws of 2003,
          amending the vehicle and  traffic  law  and  other  laws  relating  to
          increasing  certain motor vehicle transaction fees, in relation to the
          effectiveness thereof; and to amend part B of chapter 84 of  the  laws
          of  2002,  amending the state finance law relating to the costs of the
          department of motor vehicles, in relation to the effectiveness thereof
          (Part G); intentionally omitted (Part H); intentionally omitted  (Part
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12673-05-4

        S. 8308--C                          2                         A. 8808--C
 
          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); to amend the transpor-
          tation  law  and  the vehicle and traffic law, in relation to enacting
          the stretch limousine passenger safety  act;  and  providing  for  the
          repeal  of  certain  provisions  upon  expiration thereof (Part K); to
          amend the executive law, the criminal procedure  law,  the  retirement
          and  social  security law and the tax law, in relation to creating the
          Waterfront Commission Act;  and to repeal chapter 882 of the  laws  of
          1953 relating to waterfront employment and air freight  industry regu-
          lation  (Part  L); to amend part DDD of chapter 55 of the laws of 2021
          amending  the  public authorities law relating  to  the  clean  energy
          resources  development  and  incentives  program,  in  relation to the
          effectiveness thereof; and to amend the  public  authorities  law,  in
          relation  to renewable energy generation projects and qualified energy
          storage systems (Part M); 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
          department of environmental conservation from an assessment on gas and
          electric  corporations  (Part N); to amend the public service law, the
          eminent domain  procedure  law,  the  energy  law,  the  environmental
          conservation  law,  the  public authorities law, and the labor law, in
          relation to transferring the functions  of  the  office  of  renewable
          energy siting to the department of public service and accelerating the
          permitting  of  electric  utility  transmission  facilities; to repeal
          certain provisions of the executive law and  the  public  service  law
          relating  thereto;  and providing for the repeal of certain provisions
          upon expiration thereof (Part O); intentionally omitted (Part  P);  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 envi-
          ronmental 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 there-
          of  (Part  Q);  intentionally  omitted (Part R); to amend the environ-
          mental conservation law, in relation to authorizing  state  assistance
          payments  toward  climate  smart  community  projects  of up to eighty
          percent to municipalities that meet  criteria  relating  to  financial
          hardship  or disadvantaged communities (Part S); to amend the environ-
          mental conservation law, in relation to air  quality  control  program
          fees and ozone non-attainment fee programs; to amend the state finance
          law, in relation to establishing the air quality improvement fund; and
          to repeal certain provisions of the environmental conservation law and
          the state finance law relating thereto (Part T); intentionally omitted
          (Part  U);  to  amend  chapter  584  of the laws of 2011, amending the
          public authorities law relating to the powers and duties of the dormi-
          tory authority of the state of New York relative to the  establishment
          of subsidiaries for certain purposes, in relation to the effectiveness
          thereof  (Part V); to amend the public authorities law, in relation to
          the Battery Park city authority (Part W); to amend the economic devel-
          opment law, in relation to increasing the cap on grants to  entrepren-
          eurship  assistance centers (Part X); to amend chapter 261 of the laws
          of 1988, amending the state  finance law and other  laws  relating  to
          the  New  York  state  infrastructure  trust  fund, in relation to the
          effectiveness  thereof (Part Y); to amend the  New  York  state  urban

        S. 8308--C                          3                         A. 8808--C
 
          development  corporation  act,  in relation to extending the authority
          of the New York state urban development corporation to administer  the
          empire  state economic development fund (Part Z); 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 AA); 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 BB); intentionally
          omitted (Part CC); intentionally  omitted  (Part  DD);  to  amend  the
          insurance  law, in   relation to cost sharing for covered prescription
          insulin drugs (Part  EE);  intentionally  omitted  (Part  FF);  inten-
          tionally  omitted  (Part  GG); intentionally omitted (Part HH); inten-
          tionally omitted (Part II); intentionally omitted (Part JJ); to  amend
          part WW of chapter 56 of the laws of 2022 amending the public officers
          law relating to permitting  videoconferencing and remote participation
          in public meetings under certain circumstances, in relation to extend-
          ing  the  provisions thereof (Part KK); to amend the insurance law, in
          relation to reinsurance, distribution for life insurers,  and  assess-
          ments; and to amend the tax law, in relation to the credit relating to
          life  and health insurance guaranty corporation assessments (Part LL);
          to amend the civil rights law, in relation to privacy rights involving
          digitization (Subpart A); and to amend the election law,  in  relation
          to  digitization  in political communications (Subpart B)(Part MM); to
          amend the insurance law, in relation to  rates  for  livery  insurance
          (Part  NN);  to amend the New York state urban development corporation
          act, in relation to internships for the regional economic  development
          partnership  program  (Part  OO); to amend the tax law, in relation to
          establishing a sales tax exemption for residential energy storage; and
          providing for the repeal of such provisions  upon  expiration  thereof
          (Part PP); in relation to directing the New York state energy research
          and  development  authority  to  conduct  a highway and depot charging
          needs evaluation (Part QQ); in relation to authorizing  the  state  to
          consent  to  binding  arbitration  with  respect to certain contracts,
          agreements or instruments adopted by the Gateway  Development  Commis-
          sion  (Part  RR);  to amend the public authorities law, in relation to
          establishing a  local  authorities  searchable  subsidy  and  economic
          development    benefits  database (Subpart A); and to amend the public
          authorities law, in relation to the applicability of open meetings and
          freedom of information laws to certain  state  and  local  authorities
          (Subpart  B)  (Part SS); and to amend the economic development law and
          the urban development corporation act, in relation to establishing the
          New York state empire artificial intelligence research program and the
          empire AI consortium; and in relation to the  plan  of  operation  and
          financial oversight of the empire AI consortium; and providing for the
          repeal  of certain provisions upon expiration thereof (Subpart A); and
          in relation to authorizing the state university of New York at Buffalo
          to lease a portion of lands to the empire AI consortium to create  and
          launch  a  state-of-the-art  artificial  intelligence computing center
          (Subpart B) (Part TT)

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

        S. 8308--C                          4                         A. 8808--C
 
     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 2024-2025 state fiscal
     4  year. Each component is wholly contained within  a  Part  identified  as
     5  Parts  A  through  TT.  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    Section 1. Section 3 of part PP of chapter 54  of  the  laws  of  2016
    15  amending the public authorities law and the general municipal law relat-
    16  ing  to  the New York transit authority and the metropolitan transporta-
    17  tion authority, as amended by section 1 of part C of chapter 58  of  the
    18  laws of 2023, is amended to read as follows:
    19    §  3. This act shall take effect immediately; provided that the amend-
    20  ments to subdivision 1 of section 119-r of  the  general  municipal  law
    21  made  by  section  two  of  this act shall expire and be deemed repealed
    22  April 1, [2024] 2025, and provided further that such  repeal  shall  not
    23  affect the validity or duration of any contract entered into before that
    24  date pursuant to paragraph f of such subdivision.
    25    § 2. This act shall take effect immediately.
 
    26                                   PART B
 
    27                            Intentionally Omitted
 
    28                                   PART C
 
    29                            Intentionally Omitted
 
    30                                   PART D
 
    31                            Intentionally Omitted
 
    32                                   PART E
 
    33    Section  1.  Section  1  of part I of chapter 413 of the laws of 1999,
    34  relating to providing for mass transportation payments,  as  amended  by
    35  section  1  of  part  E of chapter 58 of the laws of 2022, is amended to
    36  read as follows:
    37    Section 1. Notwithstanding any other law, rule or  regulation  to  the
    38  contrary,  payment  of mass transportation operating assistance pursuant
    39  to section 18-b of the  transportation  law  shall  be  subject  to  the
    40  provisions  contained  herein and the amounts made available therefor by
    41  appropriation.
    42    In establishing service and usage formulas for  distribution  of  mass
    43  transportation  operating assistance, the commissioner of transportation

        S. 8308--C                          5                         A. 8808--C
 
     1  may combine and/or  take  into  consideration  those  formulas  used  to
     2  distribute  mass transportation operating assistance payments authorized
     3  by separate appropriations in order to facilitate program administration
     4  and to ensure an orderly distribution of such funds.
     5    To  improve  the  predictability  in  the  level  of funding for those
     6  systems receiving operating assistance payments under service and  usage
     7  formulas,  the  commissioner  of  transportation  is authorized with the
     8  approval of the director of the  budget,  to  provide  service  payments
     9  based on service and usage statistics of the preceding year.
    10    In the case of a service payment made, pursuant to section 18-b of the
    11  transportation law, to a regional transportation authority on account of
    12  mass transportation services provided to more than one county (consider-
    13  ing the city of New York to be one county), the respective shares of the
    14  matching  payments required to be made by a county to any such authority
    15  shall be as follows:
 
    16                                    Percentage
    17                                   of Matching
    18  Local Jurisdiction                 Payment
    19  --------------------------------------------
    20  In  the  Metropolitan Commuter
    21    Transportation District:
    22  New York City ................          6.40
    23  Dutchess .....................          1.30
    24  Nassau .......................         39.60
    25  Orange .......................          0.50
    26  Putnam .......................          1.30
    27  Rockland .....................          0.10
    28  Suffolk ......................         25.70
    29  Westchester ..................         25.10
    30  In the Capital District Trans-
    31    portation District:
    32  Albany .......................        [55.27]  54.05
    33  Rensselaer ...................        [22.96]  22.45
    34  Saratoga .....................         [4.04]  3.95
    35  Schenectady ..................        [16.26]  15.90
    36  Montgomery ...................         [1.47]  1.44
    37  Warren .......................          2.21
    38  In  the  Central  New York Re-
    39    gional  Transportation  Dis-
    40    trict:
    41  Cayuga .......................         5.11
    42  Onondaga .....................         75.83
    43  Oswego .......................         2.85
    44  Oneida .......................         16.21
    45  In  the  Rochester-Genesee Re-
    46    gional  Transportation  Dis-
    47    trict:
    48  Genesee ......................          1.36
    49  Livingston ...................           .90
    50  Monroe .......................         90.14
    51  Wayne ........................           .98
    52  Wyoming ......................           .51
    53  Seneca .......................           .64
    54  Orleans ......................           .77
    55  Ontario ......................          4.69

        S. 8308--C                          6                         A. 8808--C
 
     1    In the Niagara Frontier Trans-
     2    portation  District:   Erie .........................            89.20
     3  Niagara ......................         10.80
 
     4    Notwithstanding any other inconsistent provisions of section  18-b  of
     5  the transportation law or any other law, any moneys provided to a public
     6  benefit  corporation constituting a transportation authority or to other
     7  public transportation systems in payment of state  operating  assistance
     8  or  such  lesser amount as the authority or public transportation system
     9  shall make application for, shall be paid by the commissioner of  trans-
    10  portation to such authority or public transportation system in lieu, and
    11  in full satisfaction, of any amounts which the authority would otherwise
    12  be entitled to receive under section 18-b of the transportation law.
    13    Notwithstanding  the  reporting  date provision of section 17-a of the
    14  transportation law, the reports of each regional transportation authori-
    15  ty and other major public transportation systems receiving  mass  trans-
    16  portation  operating  assistance shall be submitted on or before July 15
    17  of each year in the format prescribed by the commissioner of transporta-
    18  tion. Copies of such reports shall also be filed with  the  chairpersons
    19  of  the senate finance committee and the assembly ways and means commit-
    20  tee and the director of the budget. The commissioner  of  transportation
    21  may withhold future state operating assistance payments to public trans-
    22  portation systems or private operators that do not provide such reports.
    23    Payments may be made in quarterly installments as provided in subdivi-
    24  sion 2 of section 18-b of the transportation law or in such other manner
    25  and  at such other times as the commissioner of transportation, with the
    26  approval of the director of the budget, may provide; and  where  payment
    27  is  not  made in the manner provided by such subdivision 2, the matching
    28  payments required of any city, county, Indian  tribe  or  intercity  bus
    29  company  shall  be made within 30 days of the payment of state operating
    30  assistance pursuant to this section or on such other  basis  as  may  be
    31  agreed  upon  by the commissioner of transportation, the director of the
    32  budget, and the chief executive officer of  such  city,  county,  Indian
    33  tribe or intercity bus company.
    34    The commissioner of transportation shall be required to annually eval-
    35  uate the operating and financial performance of each major public trans-
    36  portation  system. Where the commissioner's evaluation process has iden-
    37  tified a problem related to system  performance,  the  commissioner  may
    38  request the system to develop plans to address the performance deficien-
    39  cies. The commissioner of transportation may withhold future state oper-
    40  ating  assistance  payments  to public transportation systems or private
    41  operators that do not provide such operating, financial, or other infor-
    42  mation as may be required by the commissioner to conduct the  evaluation
    43  process.
    44    Payments  shall  be  made  contingent upon compliance with regulations
    45  deemed necessary and appropriate, as prescribed by the  commissioner  of
    46  transportation  and  approved by the director of the budget, which shall
    47  promote the economy, efficiency, utility, effectiveness, and coordinated
    48  service delivery of public transportation systems. The  chief  executive
    49  officer  of  each public transportation system receiving a payment shall
    50  certify to the commissioner of transportation, in addition  to  informa-
    51  tion  required  by  section  18-b  of the transportation law, such other
    52  information as the commissioner of  transportation  shall  determine  is
    53  necessary to determine compliance and carry out the purposes herein.
    54    Counties,  municipalities  or  Indian  tribes that propose to allocate
    55  service payments to operators on a basis other than the amount earned by

        S. 8308--C                          7                         A. 8808--C
 
     1  the service payment formula shall be required to describe  the  proposed
     2  method  of  distributing  governmental  operating  aid and submit it one
     3  month prior to the start of the operator's fiscal year  to  the  commis-
     4  sioner of transportation in writing for review and approval prior to the
     5  distribution of state aid. The commissioner of transportation shall only
     6  approve  alternate  distribution  methods  which are consistent with the
     7  transportation needs of the people to be  served  and  ensure  that  the
     8  system  of private operators does not exceed established maximum service
     9  payment limits. Copies of such  approvals  shall  be  submitted  to  the
    10  chairpersons  of  the senate finance and assembly ways and means commit-
    11  tees.
    12    Notwithstanding the provisions of subdivision 4 of section 18-b of the
    13  transportation law, the commissioner of transportation is authorized  to
    14  continue  to  use  prior quarter statistics to determine current quarter
    15  payment amounts, as initiated in the April to June quarter of  1981.  In
    16  the  event  that  actual  revenue  passengers and actual total number of
    17  vehicle, nautical or car miles are not available for the preceding quar-
    18  ter, estimated statistics may be used  as  the  basis  of  payment  upon
    19  approval  by  the  commissioner  of  transportation.  In such event, the
    20  succeeding payment shall be adjusted to reflect the  difference  between
    21  the actual and estimated total number of revenue passengers and vehicle,
    22  nautical  or  car  miles used as the basis of the estimated payment. The
    23  chief executive officer may apply for less aid than the system is eligi-
    24  ble to receive. Each quarterly payment shall be attributable to  operat-
    25  ing expenses incurred during the quarter in which it is received, unless
    26  otherwise  specified  by such commissioner.   In the event that a public
    27  transportation system ceases to participate in  the  program,  operating
    28  assistance  due  for the final quarter that service is provided shall be
    29  based upon the actual total number of revenue passengers and the  actual
    30  total number of vehicle, nautical or car miles carried during that quar-
    31  ter.
    32    Payments  shall  be  contingent  on compliance with audit requirements
    33  determined by the commissioner of transportation.
    34    In the event that an  audit  of  a  public  transportation  system  or
    35  private  operator receiving funds discloses the existence of an overpay-
    36  ment of state operating assistance, regardless of whether such an  over-
    37  payment  results  from  an  audit  of  revenue passengers and the actual
    38  number of revenue vehicle miles statistics, or an audit of private oper-
    39  ators in cases where more than a reasonable return based  on  equity  or
    40  operating revenues and expenses has resulted, the commissioner of trans-
    41  portation,  in  addition  to  recovering  the  amount of state operating
    42  assistance overpaid, shall also recover  interest,  as  defined  by  the
    43  department of taxation and finance, on the amount of the overpayment.
    44    Notwithstanding  any  other  law,  rule or regulation to the contrary,
    45  whenever the commissioner of transportation is  notified  by  the  comp-
    46  troller  that  the  amount  of  revenues  available  for payment from an
    47  account is less than the total amount of money for which the public mass
    48  transportation systems  are  eligible  pursuant  to  the  provisions  of
    49  section 88-a of the state finance law and any appropriations enacted for
    50  these  purposes,  the  commissioner  of transportation shall establish a
    51  maximum payment limit which is proportionally lower than the amounts set
    52  forth in appropriations.
    53    Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
    54  of the state finance law and any other general or special law,  payments
    55  may  be  made  in  quarterly installments or in such other manner and at

        S. 8308--C                          8                         A. 8808--C
 
     1  such other  times  as  the  commissioner  of  transportation,  with  the
     2  approval of the director of the budget may prescribe.
     3    §  2.  This  act  shall take effect immediately and shall be deemed to
     4  have been in full force and effect on and after April 1, 2024.
 
     5                                   PART F
 
     6    Section 1. Section 5 of chapter 751 of the laws of 2005, amending  the
     7  insurance  law  and the vehicle and traffic law relating to establishing
     8  the accident prevention course internet  technology  pilot  program,  as
     9  amended  by  section  1  of part O of chapter 58 of the laws of 2022, is
    10  amended to read as follows:
    11    § 5. This act shall take effect on the one hundred eightieth day after
    12  it shall have become a law and shall expire and be deemed repealed April
    13  1, [2024] 2026; provided that any rules  and  regulations  necessary  to
    14  implement  the  provisions of this act on its effective date are author-
    15  ized and directed to be completed on or before such date.
    16    § 2. This act shall take effect immediately.
 
    17                                   PART G
 
    18    Section 1. Section 13 of part U1 of chapter 62 of the  laws  of  2003,
    19  amending the vehicle and traffic law and other laws relating to increas-
    20  ing  certain  motor vehicle transaction fees, as amended by section 1 of
    21  part P of chapter 58 of the laws of 2022, is amended to read as follows:
    22    § 13. This act shall take effect immediately;  provided  however  that
    23  sections  one through seven of this act, the amendments to subdivision 2
    24  of section 205 of the tax law made by section eight  of  this  act,  and
    25  section nine of this act shall expire and be deemed repealed on April 1,
    26  [2024]  2026;  provided further, however, that the provisions of section
    27  eleven of this act shall take effect April 1, 2004 and shall expire  and
    28  be deemed repealed on April 1, [2024] 2026.
    29    §  2.  Section 2 of part B of chapter 84 of the laws of 2002, amending
    30  the state finance law relating to the costs of the department  of  motor
    31  vehicles, as amended by section 2 of part P of chapter 58 of the laws of
    32  2022, is amended to read as follows:
    33    §  2.  This act shall take effect April 1, 2002; provided, however, if
    34  this act shall become a law after such date it shall take  effect  imme-
    35  diately and shall be deemed to have been in full force and effect on and
    36  after  April  1,  2002;  provided  further, however, that this act shall
    37  expire and be deemed repealed on April 1, [2024] 2026.
    38    § 3. This act shall take effect immediately.
 
    39                                   PART H
 
    40                            Intentionally Omitted
 
    41                                   PART I
 
    42                            Intentionally Omitted
 
    43                                   PART J

        S. 8308--C                          9                         A. 8808--C
 
     1    Section 1. Section 3 of part FF of chapter 55 of  the  laws  of  2017,
     2  relating  to motor vehicles equipped with autonomous vehicle technology,
     3  as amended by section 1 of part J of chapter 58 of the laws of 2023,  is
     4  amended to read as follows:
     5    § 3. This act shall take effect April 1, 2017; provided, however, that
     6  section  one  of  this  act shall expire and be deemed repealed April 1,
     7  [2024] 2026.
     8    § 2. This act shall take effect immediately and  shall  be  deemed  to
     9  have been in full force and effect on and after April 1, 2024.
 
    10                                   PART K
 
    11    Section  1.  Short  title. This act shall be known and may be cited as
    12  the "stretch limousine passenger safety act".
    13    § 2. Subdivision 9 of  section  138  of  the  transportation  law,  as
    14  amended  by  chapter  12  of  the  laws  of  2020, is amended to read as
    15  follows:
    16    9. To maintain and annually update its website to provide  information
    17  with  regard  to  each bus operator or motor carrier under subparagraphs
    18  (ii) and (vi) of paragraph a of subdivision two of section  one  hundred
    19  forty  of  this  article  requiring  department operating authority that
    20  includes  the  bus  operator's  or  motor  carrier's  name,  number   of
    21  inspections,  number  of  out of service orders, operator identification
    22  number, location and region of operation  including  place  of  address,
    23  percentile  to  which an operator or motor carrier falls with respect to
    24  out of service defects, the number  or  percentage  of  out  of  service
    25  defects  where  pursuant to the commissioner's regulations no inspection
    26  certificate shall be issued until the defect is repaired  and  a  re-in-
    27  spection  is  conducted,  and  the  number of serious physical injury or
    28  fatal crashes involving a for-hire vehicle requiring operating authority
    29  pursuant to this article, and a link to access publicly available infor-
    30  mation on safety fitness standards and motor carrier safety and perform-
    31  ance data maintained by the federal motor carrier safety  administration
    32  of the United States department of transportation pursuant to part three
    33  hundred  eighty-five  of  title  forty-nine of the code of federal regu-
    34  lations.
    35    § 3. Subparagraph (iii) of paragraph (b) of subdivision 10 of  section
    36  138  of  the  transportation  law,  as added by chapter 5 of the laws of
    37  2020, is amended to read as follows:
    38    (iii) In consultation and cooperation with the commissioner  of  motor
    39  vehicles,  the  commissioner  shall  report on safety issues reported to
    40  such website, and toll-free hotline and related investigations summariz-
    41  ing (A) the total number of safety issue reports received and  the  type
    42  of  safety issues reported; (B) the total number of safety issue reports
    43  received and the type of safety issues reported where  the  commissioner
    44  or  the  commissioner  of  motor  vehicles,  as applicable, verified the
    45  information provided; (C) enforcement actions and other responses  taken
    46  by  the  commissioner or the commissioner of motor vehicles, as applica-
    47  ble, to safety issue reports received  where  the  commissioner  or  the
    48  commissioner  of motor vehicles, as applicable, has verified such infor-
    49  mation; and (D) the length of time between the receipt of  safety  issue
    50  reports  from  such  website, or hotline and enforcement action or other
    51  response by the commissioner or the commissioner of motor  vehicles,  as
    52  applicable.  Such report shall be made publicly available on the depart-
    53  ment's website in a searchable format, [and] shall be published no  less
    54  than once annually, and shall compare the previous three years of report

        S. 8308--C                         10                         A. 8808--C
 
     1  data  to  the extent applicable. Such report may also be included within
     2  the department's annual report submitted pursuant to  subdivision  thir-
     3  teen of section fourteen of this chapter.
     4    §  4.  Subparagraph (i) of paragraph b of subdivision 9 of section 140
     5  of the transportation law, as amended by chapter 9 of the laws of  2020,
     6  is amended and a new subparagraph (i-a) is added to read as follows:
     7    (i) Whenever an altered  motor  vehicle  commonly  referred  to  as  a
     8  "stretch limousine" has failed an inspection and been placed out-of-ser-
     9  vice, the commissioner may direct a police officer or [his or her] agent
    10  of  such  commissioner  to  immediately  secure possession of the number
    11  plates of such vehicle and return the same to the commissioner of  motor
    12  vehicles.  The commissioner shall notify the commissioner of motor vehi-
    13  cles to that effect, and the commissioner of motor vehicles shall there-
    14  upon suspend the registration of such vehicle until  such  time  as  the
    15  commissioner gives notice that the out-of-service defect has been satis-
    16  factorily  adjusted. Provided, however, that the commissioner shall give
    17  notice and an opportunity to be heard within not more than  thirty  days
    18  of  the  suspension.  Failure  of the holder or of any person possessing
    19  such plates to deliver to the commissioner or [his or her] agent of such
    20  commissioner who requests the same pursuant to this paragraph shall be a
    21  misdemeanor. The commissioner of motor vehicles shall have the authority
    22  to deny a registration or renewal application to any  other  person  for
    23  the  same  vehicle  where  it has been determined that such registrant's
    24  intent has been to evade the purposes of this paragraph  and  where  the
    25  commissioner  of  motor  vehicles has reasonable grounds to believe that
    26  such registration or renewal will  have  the  effect  of  defeating  the
    27  purposes  of  this paragraph. The procedure on any such suspension shall
    28  be the same as in the case of a suspension under the vehicle and traffic
    29  law.   [Operation of  such  motor  vehicle  while  under  suspension  as
    30  provided in this subdivision shall constitute a class A misdemeanor.]
    31    (i-a)  No  person,  corporation, limited liability company or business
    32  entity, joint stock association, partnership, or any  officer  or  agent
    33  thereof,  shall operate or knowingly allow, require, permit or authorize
    34  any person to operate a motor vehicle while under suspension as provided
    35  in this subdivision. A violation of this subparagraph shall constitute a
    36  class A misdemeanor punishable by a fine of not less than five  thousand
    37  dollars  nor  more  than twenty-five thousand dollars in addition to any
    38  other penalties provided by law.
    39    § 5. Section 375 of the vehicle and traffic law is amended by adding a
    40  new subdivision 55 to read as follows:
    41     55.  Stretch limousine roll-over protection devices  and  anti-intru-
    42  sion  bars.   (a) Every stretch limousine registered in this state shall
    43  be equipped with roll-over protection devices  and  anti-intrusion  bars
    44  within  no later than one year of the date upon which the national high-
    45  way traffic safety administration promulgates final  regulations  estab-
    46  lishing  standards for commercial roll-over protection devices and anti-
    47  intrusion bars.
    48    (b) For the purposes of this  subdivision  "stretch  limousine"  shall
    49  mean  an altered motor vehicle having a seating capacity of nine or more
    50  passengers, including the driver, commonly referred  to  as  a  "stretch
    51  limousine"  and which is used in the business of transporting passengers
    52  for compensation.
    53    § 6. Section 375 of the vehicle and traffic law is amended by adding a
    54  new subdivision 56 to read as follows:
    55    56. Stretch limousine additional  equipment  requirements.  (a)  Every
    56  stretch  limousine  registered  in this state shall be equipped with  an

        S. 8308--C                         11                         A. 8808--C
 
     1  accessible window break tool and an operational fire  extinguisher,  and
     2  the driver and passenger partition of every such stretch limousine shall
     3  be  accessible  to  reach an emergency egress from such vehicle if other
     4  forms  of egress  such as a roof hatch are not available in such stretch
     5  limousine.
     6    (b) For the purposes of this subdivision:
     7    (i) "Stretch limousine" shall mean an altered motor vehicle  having  a
     8  seating  capacity  of  nine  or  more  passengers, including the driver,
     9  commonly referred to as a "stretch limousine" and which is used  in  the
    10  business of transporting passengers for compensation; and
    11    (ii)  "Window  break  tool" shall mean a tool that can be used to open
    12  the windows of a stretch limousine in the event of an emergency.
    13    § 7. Section 375 of the vehicle and traffic law is amended by adding a
    14  new subdivision 57 to read as follows:
    15    57. Stretch limousine age and mileage  parameters.  (a)  It  shall  be
    16  unlawful  to  operate or cause to be operated a stretch limousine regis-
    17  tered in this state on any public highway or private road open to public
    18  motor vehicle traffic if the vehicle is more than ten years old  or  the
    19  cumulative  mileage  registered  on the vehicle's odometer exceeds three
    20  hundred fifty thousand miles, whichever occurs first.
    21    (b) For the purposes of this subdivision,  "stretch  limousine"  shall
    22  mean  an altered motor vehicle having a seating capacity of nine or more
    23  passengers, including the driver, commonly referred  to  as  a  "stretch
    24  limousine"  and which is used in the business of transporting passengers
    25  for compensation.
    26    (c)(i) A stretch limousine with an odometer reading that differs  from
    27  the  number of miles the stretch limousine has actually traveled or that
    28  has had a prior history involving the disconnection or malfunctioning of
    29  an odometer or which appears to the commissioner to have  an  inaccurate
    30  odometer  reading based on prior inspection records, will be assigned an
    31  imputed mileage for each month from the last reliable odometer recording
    32  through the date of inspection, as provided in subparagraph (ii) of this
    33  paragraph. A motor carrier may  seek  review  of  the  determination  to
    34  assign imputed mileage as provided pursuant to article six of the trans-
    35  portation law and rules and regulations promulgated thereunder.
    36    (ii)  The imputed mileage shall be calculated by adding the mileage of
    37  the stretch limousine recorded at the two most recent stretch  limousine
    38  inspections, including roadside inspections conducted by the commission-
    39  er  of  transportation  or  division  of state police, whichever is more
    40  recent, and dividing that sum by twenty-four. The quotient is the imput-
    41  ed monthly mileage.
    42    (iii) Unless otherwise provided by the commissioner of transportation,
    43  a stretch limousine may not be operated or  caused  to  be  operated  to
    44  transport  passengers  for compensation or continue transporting passen-
    45  gers for compensation if a reliable baseline odometer reading cannot  be
    46  ascertained.
    47    (iv)  A  motor  carrier or operator who knows or has reason to believe
    48  that the odometer reading of a limousine  differs  from  the  number  of
    49  miles  the  stretch  limousine has actually traveled shall disclose that
    50  status to the commissioner or the  department  of  transportation  imme-
    51  diately.
    52    § 8. Section 509-g of the vehicle and traffic law is amended by adding
    53  a new subdivision 7 to read as follows:
    54    7.  In  addition to the other provisions of this section, in the event
    55  the commissioner authorizes or requires the  pre-trip  safety  briefings
    56  required  pursuant to subdivision nine of section five hundred nine-m of

        S. 8308--C                         12                         A. 8808--C
 
     1  this article to be live and in-person, all motor carriers shall  conduct
     2  a  regular  observation  of  the proficiency of each driver who operates
     3  altered motor vehicles commonly  referred  to  as  "stretch  limousines"
     4  directed  or  operated  by such motor carrier, designed to carry nine or
     5  more passengers including the driver  pursuant  to  operating  authority
     6  issued  by  the commissioner of transportation,   in providing such pre-
     7  trip safety briefings.
     8    § 9. Section 509-m of the vehicle and traffic law is amended by adding
     9  a new subdivision 9 to read as follows:
    10    9. In coordination with the commissioner  of  transportation  and  the
    11  superintendent  of state police, establish and regularly update the form
    12  and content of a pre-trip safety briefing for motor carriers that  oper-
    13  ate altered motor vehicles commonly referred to as "stretch limousines",
    14  designed  to carry nine or more passengers including the driver pursuant
    15  to operating authority issued by  the  commissioner  of  transportation,
    16  which  motor  carriers shall provide to passengers prior to transporting
    17  such passengers for hire in such stretch limousines.
    18    § 10. Severability. If any clause, sentence,  subdivision,  paragraph,
    19  section or part of this act be adjudged by any court of competent juris-
    20  diction  to  be  invalid, or if any federal agency determines in writing
    21  that this act would render New York state ineligible for the receipt  of
    22  federal  funds, such judgment or written determination shall not affect,
    23  impair or invalidate the remainder thereof, but shall be confined in its
    24  operation to the clause, sentence, subdivision,  paragraph,  section  or
    25  part thereof directly involved in the controversy in which such judgment
    26  or written determination shall have been rendered.
    27    §  11.  This  act  shall  take  effect immediately; provided, however,
    28  sections two, three, four, eight and nine of this act shall take  effect
    29  one  year  after  it shall have become a law; provided further, however,
    30  section seven of this act shall take effect two  years  after  it  shall
    31  have  become  a  law; provided further, however, section six of this act
    32  shall take effect on the one hundred eightieth day after it  shall  have
    33  become  a  law; provided further, however, that sections five and six of
    34  this act shall be deemed repealed if any federal  agency  determines  in
    35  writing  that  this  act  would render New York state ineligible for the
    36  receipt of federal funds or any court of competent jurisdiction  finally
    37  determines  that  this act would render New York state out of compliance
    38  with federal law or regulation; provided that the commissioner of  motor
    39  vehicles or the commissioner of transportation shall notify the legisla-
    40  tive  bill drafting commission upon the occurrence of any federal agency
    41  determining in writing that this act would render New York state  ineli-
    42  gible  for the receipt of federal funds or any court of competent juris-
    43  diction finally determines that this act would render New York state out
    44  of compliance with federal law or regulation in order that  the  commis-
    45  sion  may  maintain  an  accurate  and timely effective data base of the
    46  official text of the laws of the state of New  York  in  furtherance  of
    47  effectuating  the  provisions  of  section 44 of the legislative law and
    48  section 70-b of the public  officers  law.  Effective  immediately,  the
    49  addition,  amendment  and/or  repeal of any rule or regulation necessary
    50  for the implementation of this act on its effective date are  authorized
    51  to be made and completed on or before such effective date.
 
    52                                   PART L
 
    53    Section  1.    Chapter  882 of the laws of 1953 relating to waterfront
    54  employment and air freight industry regulation is REPEALED.

        S. 8308--C                         13                         A. 8808--C
 
     1    § 2. The executive law is amended by adding a new article 19-I to read
     2  as follows:
     3                                 ARTICLE 19-I
     4                          WATERFRONT COMMISSION ACT
     5  Section 534. Short title.
     6          534-a. Legislative findings and declarations.
     7          534-b. Definitions.
     8          534-c. New York waterfront commission established.
     9          534-d. General powers of the commission.
    10          534-e. Designation as agent of the state.
    11          534-f. Pier superintendents and hiring agents.
    12          534-g. Stevedores.
    13          534-h. Prohibition of public loading.
    14          534-i. Longshore workers' register.
    15          534-j.  List  of  qualified longshore workers' for employment as
    16                     checkers.
    17          534-k. Regularization of longshore workers' employment.
    18          534-l. Suspension or acceptance of applications for inclusion in
    19                     the longshore workers' register; exceptions.
    20          534-m. Security officers.
    21          534-n. Hearings, determinations and review.
    22          534-o. Employment information centers.
    23          534-p. Implementation of telecommunications  hiring  system  for
    24                     longshore workers and checkers; registration of tele-
    25                     communications system controller.
    26          534-q. Construction of act.
    27          534-r. Certain solicitations prohibited; prohibition against the
    28                     holding  of  union  position  by  officers, agents or
    29                     employees who have been convicted of  certain  crimes
    30                     and offenses.
    31          534-s. General violations; prosecutions; penalties.
    32          534-t. Denial of applications.
    33          534-u. Revocation of licenses and registrations.
    34          534-v. Refusal to answer question, immunity; prosecution.
    35          534-w. Annual preparation of a budget request and assessments.
    36          534-x. Payment of assessment.
    37          534-y. Transfer of officers, employees.
    38          534-z. Annual report.
    39    § 534. Short  title.  This  article shall be known and may be cited as
    40  the "waterfront commission act".
    41    § 534-a. Legislative findings and declarations. 1. The  state  of  New
    42  York hereby finds and declares that:
    43    In  1953,  the  conditions  under  which waterfront labor was employed
    44  within the port of New York district were depressing  and  degrading  to
    45  such  labor, resulting from the lack of any systematic method of hiring,
    46  the lack of adequate information as to the availability  of  employment,
    47  corrupt  and  discriminatory  hiring  practices, criminal practices, and
    48  coercion of employees or employers.  Now, it continues to be in the best
    49  interest of the state to regulate activities within the port of New York
    50  district in this state to prevent such conditions and to prevent circum-
    51  stances that result in waterfront laborers suffering  from  irregularity
    52  of  employment, fear and insecurity, inadequate earnings, an unduly high
    53  accident rate, subjection to borrowing at usurious  rates  of  interest,
    54  exploitation  and  extortion as the price of securing employment, a loss
    55  of respect for the law, and destruction of the dignity of  an  important
    56  segment  of  American  labor,  and  to prevent a direct encouragement of

        S. 8308--C                         14                         A. 8808--C
 
     1  crime which imposes a levy of greatly increased costs on food, fuel  and
     2  other  necessaries  handled in and through the port of New York district
     3  in this state.
     4    It is in the best interest of the state to ensure that the function of
     5  loading  and unloading trucks and other land vehicles at piers and other
     6  waterfront terminals should be performed, as in every other major Ameri-
     7  can port, without the abuses of the public loader  system,  and  by  the
     8  carriers of freight by water, stevedores and operators of such piers and
     9  other waterfront terminals or the operators of such trucks or other land
    10  vehicles.    Therefore, it is in the best interest of the state to regu-
    11  late the occupations of longshore workers, stevedores, pier  superinten-
    12  dents,  hiring  agents,  and  security officers, who are affected with a
    13  public interest, which is an exercise of the police power of this state.
    14  It is further in the best interest of the state to ensure that the meth-
    15  od of employment of longshore workers and security officers be conducted
    16  through employment information centers to prevent grave  injury  to  the
    17  welfare  of waterfront laborers and of the people at large and to ensure
    18  the preservation of the fundamental rights and liberties of  labor,  the
    19  economic  stability  of the port of New York district in this state, and
    20  the advancement of law enforcement therein.
    21    Although law enforcement's efforts against traditional organized crime
    22  influence have been successful, such  influence  remains  a  significant
    23  threat  in  the  New  York  metropolitan area, particularly in the port.
    24  Continued oversight is essential to ensure  fair  and  nondiscriminatory
    25  hiring  practices, to eliminate labor racketeering and the victimization
    26  of legitimate union members and port businesses, and to  prevent  organ-
    27  ized  crime  figures  from  directly operating at the critical points of
    28  interstate and international shipping.
    29    To preserve the safety and welfare of the state, it is the  intent  of
    30  this  act  to prevent and eradicate mismanagement, abuse of labor, coer-
    31  cion, corruption,   prevalence of organized  crime  and  other  criminal
    32  activity,  to  exclude or remove from the port workforce individuals who
    33  were convicted of serious crimes or who associate with  organized  crime
    34  in  violation  of  this act, to overcome discrimination and other unfair
    35  hiring practices, and to extirpate corruption and  racketeering  in  the
    36  port of New  York district in this state.
    37    § 534-b. Definitions.  As  used  in  this article, the following terms
    38  shall have the following meanings:
    39    1. "Act" shall mean this article and  rules  or  regulations  lawfully
    40  promulgated  thereunder  and shall include any amendments or supplements
    41  to this article to implement the purposes thereof.
    42    2. "Bi-state commission" shall mean the Waterfront Commission  of  New
    43  York  Harbor established by the state of New York pursuant to P.L. 1953,
    44  c.882 (NY Unconsol. Ch.307, s.1) and by the state of New Jersey pursuant
    45  to its agreement thereto under P.L.1953, c.202 (C.32:23-1 et seq.).
    46    3. "Carrier of freight by water" shall mean  any  person  who  may  be
    47  engaged or who may hold oneself out as willing to be engaged, whether as
    48  a  common  carrier,  as  a  contract  carrier  or  otherwise (except for
    49  carriage of liquid cargoes in bulk in  tank  vessels  designed  for  use
    50  exclusively  in  such  service  or  carriage  by  barge  of bulk cargoes
    51  consisting of only a single commodity loaded or carried without wrappers
    52  or containers and delivered by the carrier without  transportation  mark
    53  or  count)  in the carriage of freight by water between any point in the
    54  port of New York district and a point outside said district.

        S. 8308--C                         15                         A. 8808--C
 
     1    4. "Container" shall mean any receptacle, box, carton or  crate  which
     2  is  specifically  designed  and constructed so that it may be repeatedly
     3  used for the carriage of freight by a carrier of freight by water.
     4    5.  "Checker"  shall mean a longshore worker who is employed to engage
     5  in direct and immediate checking of waterborne freight or of the  custo-
     6  dial  accounting therefor or in the recording or tabulation of the hours
     7  worked at  piers  or  other  waterfront  terminals  by natural   persons
     8  employed by carriers of freight by water or stevedores.
     9    6.  "Commission"  shall mean the New York waterfront commission estab-
    10  lished by section five hundred thirty-four-c of this article.
    11    7. "Career offender" shall mean a person whose behavior is pursued  in
    12  an  occupational  manner  or  context  for  the purpose of economic gain
    13  utilizing such methods as are deemed  criminal  violations  against  the
    14  public policy of the state of New York.
    15    8.  "Career  offender  cartel" shall mean a number of career offenders
    16  acting in concert, and may include what is commonly referred  to  as  an
    17  organized crime group.
    18    9.  "Court  of  the United States" shall mean all courts enumerated in
    19  section four hundred fifty-one  of  title  twenty-eight  of  the  United
    20  States  Code  and  the  courts-martial of the armed forces of the United
    21  States.
    22    10. "Freight" shall mean freight which has been, or will  be,  carried
    23  by or consigned for carriage by a carrier of freight by water.
    24    11.  "Hiring  agent" shall mean any natural person, who on behalf of a
    25  carrier of freight by water or a stevedore or  any  other  person  shall
    26  select any longshore worker for employment.
    27    12.  "Longshore worker" shall mean: (a) a natural person, other than a
    28  hiring agent, who is employed for work at a  pier  or  other  waterfront
    29  terminal, either by a carrier of freight by water or by a stevedore to:
    30    (1) physically move waterborne freight on vessels berthed at piers, on
    31  piers or at other waterfront terminals; or
    32    (2)  engage in direct and immediate checking of any such freight or of
    33  the custodial accounting therefor or in the recording or  tabulation  of
    34  the  hours  worked  at  piers  or  other waterfront terminals by natural
    35  persons employed by carriers of freight by water or stevedores; or
    36    (3) supervise directly and immediately others who are employed  as  in
    37  subparagraph one of this paragraph; or
    38    (4) physically perform labor or services incidental to the movement of
    39  waterborne  freight  on  vessels  berthed at piers, on piers or at other
    40  waterfront terminals,  including,  but  not  limited  to,  cargo  repair
    41  personnel,   coopers,  general  maintenance  personnel,  mechanical  and
    42  miscellaneous workers, horse  and  cattle  fitters,  grain  ceilers  and
    43  marine carpenters; or
    44    (b)  a  natural person, other than a hiring agent, who is employed for
    45  work at a pier or other waterfront terminal by any person to:
    46    (1) physically move waterborne freight to or from a barge, lighter  or
    47  railroad car for transfer to or from a vessel of a carrier of freight by
    48  water which is, shall be, or shall have been berthed at the same pier or
    49  other waterfront terminal; or
    50    (2)  perform  labor or services involving, or incidental to, the move-
    51  ment of freight at a  waterfront  terminal  as  defined  in  subdivision
    52  fifteen of this section.
    53    13.  "Longshore workers' register" shall mean the register of eligible
    54  longshore workers compiled and maintained by the commission pursuant  to
    55  section five hundred thirty-four-i of this article.

        S. 8308--C                         16                         A. 8808--C
 
     1    14.  "Marine  terminal" shall mean an area which includes piers, which
     2  is used primarily for the moving, warehousing, distributing  or  packing
     3  of  waterborne  freight  or  freight  to  or from such piers, and which,
     4  inclusive of such piers, is under common ownership or control.
     5    15. "Other waterfront terminal" shall include:
     6    (a)  any  warehouse, depot or other terminal (other than a pier) which
     7  is located within one thousand yards of any pier in the port of New York
     8  district in this state and which is used for waterborne freight in whole
     9  or substantial part; or
    10    (b) any warehouse, depot or other terminal (other than a pier), wheth-
    11  er enclosed or open, which is located in a marine terminal in  the  port
    12  of  New York district in this state and any part of which is used by any
    13  person to perform labor or services involving,  or  incidental  to,  the
    14  movement of waterborne freight or freight.
    15    16.  "Person"  shall mean not only a natural person but also any part-
    16  nership, joint venture, association,  corporation  or  any  other  legal
    17  entity  but  shall not include the United States, any state or territory
    18  thereof or any department, division, board, commission or  authority  of
    19  one or more of the foregoing.
    20    17. "Pier" shall include any wharf, pier, dock or quay.
    21    18.  "Pier  superintendent" shall mean any natural person other than a
    22  longshore worker who is employed for work at a pier or other  waterfront
    23  terminal  by a carrier of freight by water or a stevedore and whose work
    24  at such pier or other  waterfront  terminal  includes  the  supervision,
    25  directly or indirectly, of the work of longshore workers.
    26    19.  "Port  of  New  York district" shall mean the district created by
    27  article II of the compact dated April thirtieth, nineteen hundred  twen-
    28  ty-one,  between  the  states  of New York and New Jersey, authorized by
    29  chapter one hundred fifty-four of the  laws  of  New  York  of  nineteen
    30  hundred  twenty-one and chapter one hundred fifty-one of the laws of New
    31  Jersey of nineteen hundred twenty-one.
    32    20. "Security  officer"  shall  include  any  security  officer,  gate
    33  person,  rounds person, detective, guard, guardian or protector of prop-
    34  erty employed by the operator of any pier or other  waterfront  terminal
    35  or by a carrier of freight by water to perform services in such capacity
    36  on any pier or other waterfront terminal.
    37    21. The term "select any longshore worker for employment" in the defi-
    38  nition  of  a hiring agent in this  section shall include selection of a
    39  person for the commencement or continuation of employment as a longshore
    40  worker, or the denial or termination of employment as a longshore  work-
    41  er.
    42    22. "Stevedore" shall mean:
    43    (a)  a contractor (not including an employee) engaged for compensation
    44  pursuant to a contract or arrangement  with  a  carrier  of  freight  by
    45  water, in moving waterborne freight carried or consigned for carriage by
    46  such  carrier  on  vessels of such carrier berthed at piers, on piers at
    47  which such vessels are berthed or at other waterfront terminals; or
    48    (b) a contractor engaged for compensation pursuant to  a  contract  or
    49  arrangement  with  the United States, any state or territory thereof, or
    50  any department, division, board, commission or authority of one or  more
    51  of  the  foregoing,  in moving freight carried or consigned for carriage
    52  between any point in the port of New York district and a  point  outside
    53  said  district  on  vessels of such a public agency berthed at piers, on
    54  piers at which such vessels are berthed or at  other  waterfront  termi-
    55  nals; or

        S. 8308--C                         17                         A. 8808--C
 
     1    (c)  a contractor (not including an employee) engaged for compensation
     2  pursuant to a contract or arrangement with any person to  perform  labor
     3  or  services incidental to the movement of waterborne freight on vessels
     4  berthed at piers, on piers or at other waterfront terminals,  including,
     5  but  not  limited to, cargo storage, cargo repairing, coopering, general
     6  maintenance,  mechanical  and  miscellaneous  work,  horse  and   cattle
     7  fitting, grain ceiling, and marine carpentry; or
     8    (d)  a contractor (not including an employee) engaged for compensation
     9  pursuant to a contract or arrangement with any other person  to  perform
    10  labor  or  services involving, or incidental to, the movement of freight
    11  into or out of containers (which have been or which will be carried by a
    12  carrier of freight by water) on vessels berthed at piers, on piers or at
    13  other waterfront terminals.
    14    23. "Terrorist group" shall mean a  group  associated,  affiliated  or
    15  funded in whole or in part by a terrorist organization designated by the
    16  secretary  of  state  in accordance with section two hundred nineteen of
    17  the immigration and nationality act, as amended from time  to  time,  or
    18  any  other  organization  which  assists,  funds  or  engages in acts of
    19  terrorism as defined in the laws of the United States, or of  the  state
    20  of  New  York, including, but not limited to, subdivision one of section
    21  490.05 of the penal law.
    22    24. "Waterborne freight" shall mean freight carried  by  or  consigned
    23  for  carriage  by  carriers  of freight by water, and shall also include
    24  freight described in subdivision fifteen and paragraphs (b) and  (d)  of
    25  subdivision  twenty-two  of this section, and ships' stores, baggage and
    26  mail carried by or consigned for carriage  by  carriers  of  freight  by
    27  water.
    28    25.  "Witness" shall mean any person whose testimony is desired in any
    29  investigation, interview or other proceeding conducted by the commission
    30  pursuant to the provisions of section five hundred thirty-four  of  this
    31  article.
    32    § 534-c. New York waterfront commission established. 1. There is here-
    33  by  created  the  New  York waterfront commission, which shall be in the
    34  executive department of this state and may request, receive, and utilize
    35  facilities, resources and  data  of  any  department,  division,  board,
    36  bureau, commission, agency or public authority of the state or any poli-
    37  tical  subdivision  thereof  as  it  may reasonably request to carry out
    38  properly its powers and duties.
    39    2. The commission shall consist of the commissioner appointed  by  the
    40  governor  with  the  advice and consent of the senate, and shall receive
    41  compensation to be fixed by the governor of  this  state.  The  term  of
    42  office of such commissioner shall be for three years; provided, however,
    43  that  a  commissioner  serving on the bi-state commission at the time of
    44  its dissolution on the seventeenth of July two thousand twenty-three who
    45  was appointed by the governor of New York to such position, may serve as
    46  acting commissioner of the New York  waterfront  commission  until  such
    47  time as a commissioner is appointed by the governor, with the advice and
    48  consent  of  the  senate,  pursuant  to this subdivision. A commissioner
    49  shall hold office until that commissioner's successor has been appointed
    50  and qualified. Vacancies in office shall be filled for  the  balance  of
    51  the unexpired term in the same manner as original appointments.
    52    3.  A  commissioner  may, by written instrument filed in the office of
    53  the commission, designate any officer or employee of the  commission  to
    54  act  in  that commissioner's place. A vacancy in the office of a commis-
    55  sioner shall not impair such designation until the  vacancy  shall  have
    56  been filled.

        S. 8308--C                         18                         A. 8808--C
 
     1    § 534-d. General  powers  of the commission. In addition to the powers
     2  and duties elsewhere prescribed herein, the commission  shall  have  the
     3  power:
     4    1. To have a seal and alter the same at pleasure.
     5    2.  To  determine the location, size and suitability of accommodations
     6  necessary and desirable for the establishment  and  maintenance  of  the
     7  employment  information centers provided in section five hundred thirty-
     8  four-o of this article and for administrative offices  for  the  commis-
     9  sion.
    10    3. To administer and enforce the provisions of this act.
    11    4. To promulgate and enforce such rules and regulations as the commis-
    12  sion  may  deem  necessary  to effectuate the purposes of this act or to
    13  prevent the circumvention or evasion  thereof.  As  used  in  this  act,
    14  "regulations"  include  those  rules  and  regulations  of  the bi-state
    15  commission which shall continue in effect as the rules  and  regulations
    16  of  the  commission  until  amended,  supplemented,  or rescinded by the
    17  commission pursuant to the state administrative procedure act.    Previ-
    18  ously  promulgated  regulations inconsistent with the provisions of this
    19  act shall be deemed void.  No later than one hundred eighty  days  after
    20  this  act shall have become law, the commission shall commence review of
    21  its regulations in order to recommend necessary changes. In its  review,
    22  the commission shall consult with relevant employers and labor organiza-
    23  tions.
    24    5.  To  appoint  such  officers,  agents  and employees as it may deem
    25  necessary, prescribe their powers, duties  and  qualifications  and  fix
    26  their compensation and retain and employ counsel and private consultants
    27  on  a  contract basis or otherwise, within the limits provided by appro-
    28  priation.
    29    6. By its commissioner and its properly  designated  officers,  agents
    30  and  employees,  to  administer  oaths and issue subpoenas to compel the
    31  attendance of witnesses and the giving of testimony and  the  production
    32  of other evidence.
    33    7.  To have for its commissioner and its properly designated officers,
    34  agents and employees, full and free access, ingress and  egress  to  and
    35  from  all  vessels, piers and other waterfront terminals or other places
    36  in the port of New York district in this  state,  for  the  purposes  of
    37  making inspection or enforcing the provisions of this act; and no person
    38  shall obstruct or in any way interfere with any such commissioner, offi-
    39  cer,  employee  or  agent  in  the  making of such inspection, or in the
    40  enforcement of the provisions of this act or in the performance  of  any
    41  other power or duty under this act.
    42    8.  To  recover  possession of any suspended or revoked license issued
    43  under this act.
    44    9. To make investigations, collect and compile information  concerning
    45  waterfront  practices  generally within the port of New York district in
    46  this state and upon all matters relating to the  accomplishment  of  the
    47  objectives of this act.
    48    10.  To  advise and consult with representatives of labor and industry
    49  and with public officials and agencies concerned with  the  effectuation
    50  of  the  purposes of this act, upon all matters which the commission may
    51  desire, including but not limited to the form and substance of rules and
    52  regulations, the administration of the act, maintenance of the longshore
    53  workers' register, and issuance and revocation of licenses.
    54    11. To make annual and other reports to the governor and legislature.
    55    12. To cooperate with  and  receive  from  any  department,  division,
    56  bureau,  board, commission, or agency of this state, or of any county or

        S. 8308--C                         19                         A. 8808--C
 
     1  municipality thereof, such assistance and data as will enable it proper-
     2  ly to carry out its powers and duties hereunder; and to request any such
     3  department, division, bureau, board, commission,  or  agency,  with  the
     4  consent  thereof,  to  execute  such of its functions and powers, as the
     5  public interest may require.
     6    13. To designate officers, employees and agents who may  exercise  the
     7  powers  and  duties of the commission except the power to make rules and
     8  regulations. Notwithstanding any other provision of law,  the  officers,
     9  employees  and  agents  of the commission established by this act may be
    10  appointed or employed without regard to their state of residence.
    11    14. To issue temporary  permits  and  permit  temporary  registrations
    12  under  such  terms  and conditions as the commission may prescribe which
    13  shall be valid for a period to be fixed by the commission not in  excess
    14  of six months.
    15    15.  To  require  any  applicant  for a license or registration or any
    16  prospective licensee to furnish such facts and evidence as  the  commis-
    17  sion  may deem appropriate to enable it to ascertain whether the license
    18  or registration should be granted.
    19    16. In any case in which the commission has the  power  to  revoke  or
    20  suspend  any  stevedore license the commission shall also have the power
    21  to impose as an alternative to such revocation or suspension, a penalty,
    22  which the licensee may elect to pay to the commission  in  lieu  of  the
    23  revocation  or  suspension.  The  maximum penalty shall be five thousand
    24  dollars for each separate offense. The commission may,  for  good  cause
    25  shown, abate all or part of such penalty.
    26    17.  To  designate any officer, agent or employee of the commission to
    27  be an investigator who shall be vested with all the powers of a peace or
    28  police officer of the state of New York.
    29    18. To confer immunity, in the manner prescribed by subdivision one of
    30  section five hundred thirty-four-v of this article.
    31    19. To require any applicant for registration as a  longshore  worker,
    32  any  applicant for registration as a checker or any applicant for regis-
    33  tration as a telecommunications system controller and any person who  is
    34  sponsored  for  a  license as a pier superintendent or hiring agent, any
    35  person who is an individual owner  of  an  applicant  stevedore  or  any
    36  persons  who  are  individual partners of an applicant stevedore, or any
    37  officers, directors or stockholders owning five percent or more  of  any
    38  of  the stock of an applicant corporate stevedore or any applicant for a
    39  license as a security officer or any other  category  of  applicant  for
    40  registration  or  licensing  within  the commission's jurisdiction to be
    41  fingerprinted by the commission at the cost and expense  of  the  appli-
    42  cant.
    43    20.  To  exchange  fingerprint  data  with  and receive state criminal
    44  history  record  information  from  the  division  of  criminal  justice
    45  services and federal criminal history record information from the feder-
    46  al bureau of investigation for use in making the determinations required
    47  by this act.
    48    21.  Notwithstanding  any  other  provision of law to the contrary, to
    49  require any applicant for employment or employee of the commission to be
    50  fingerprinted and to exchange fingerprint data with  and  receive  state
    51  criminal  history  record  information  from  the  division  of criminal
    52  justice services and  federal  criminal  history  information  from  the
    53  federal  bureau  of  investigation for use in the hiring or retention of
    54  such person.
    55    22. To cooperate with a similar entity established in the state of New
    56  Jersey, to exchange information on any matter pertinent to the  purposes

        S. 8308--C                         20                         A. 8808--C
 
     1  of this act, and to, in its discretion, enter into reciprocal agreements
     2  for  the  accomplishment  of such purposes, including but not limited to
     3  the following objectives:
     4    (a)  To give reciprocal effect to any approval, revocation, suspension
     5  or reprimand with respect to any licensee,  and  any  inclusion  in,  or
     6  reprimand or removal from a longshore workers' register;
     7    (b) To provide that any act or omission by a licensee or registrant in
     8  either state which would be a basis for disciplinary action against such
     9  licensee  or registrant if it occurred in the state in which the license
    10  was issued or the person registered shall be the basis for  disciplinary
    11  action in both states; and
    12    (c)  To provide that longshore workers registered in either state, who
    13  perform work or who apply for work at an employment  information  center
    14  within  the  other  state,  shall be deemed to have performed work or to
    15  have applied for work in the state in which they are registered.
    16    § 534-e. Designation as agent of the state. 1. The commission is here-
    17  by designated on its own behalf or as agent of the state of New York, as
    18  provided by the act of Congress of the  United  States,  effective  June
    19  sixth,  one  thousand nine hundred and thirty-three, entitled "An act to
    20  provide for the establishment of a national employment  system  and  for
    21  co-operation  with  the  States  in the promotion of such system and for
    22  other purposes," as amended, for the purpose of obtaining such  benefits
    23  of  such  act  of Congress as are necessary or appropriate to the estab-
    24  lishment and operation of employment information centers  authorized  by
    25  this act.
    26    2.  The  commission  shall have all powers necessary to cooperate with
    27  appropriate officers or agencies of this state or the United States,  to
    28  take  such  steps, to formulate such plans, and to execute such projects
    29  (including but not limited to the establishment and operation of employ-
    30  ment information centers) as may be necessary to  obtain  such  benefits
    31  for  the  operations  of the commission in accomplishing the purposes of
    32  this act.
    33    3. Any officer or agency designated by this state pursuant to said act
    34  of June sixth, nineteen hundred thirty-three, as amended, is  authorized
    35  and  empowered,  upon  the  request of the commission and subject to its
    36  direction, to exercise the powers and duties conferred upon the  commis-
    37  sion by the provisions of this section.
    38    § 534-f. Pier  superintendents  and  hiring agents. 1. No person shall
    39  act as a pier superintendent or as a hiring agent within the port of New
    40  York district in this state  without  first  having  obtained  from  the
    41  commission or previously, from the bi-state commission, a license to act
    42  as  such pier superintendent or hiring agent, as the case may be, and no
    43  person shall employ or engage another person to act  as  a  pier  super-
    44  intendent or hiring agent who is not so licensed.
    45    2.  A license to act as a pier superintendent or hiring agent shall be
    46  issued only upon the written application,  under  oath,  of  the  person
    47  proposing  to employ or engage another person to act as such pier super-
    48  intendent or hiring agent, verified by the prospective  licensee  as  to
    49  the matters concerning that person, and shall state the following:
    50    (a) The full name and business address of the applicant;
    51    (b)  The  full  name,  residence, business address (if any), place and
    52  date of birth and social security number of the prospective licensee;
    53    (c) The present and previous occupations of the prospective  licensee,
    54  including  the places where the person was employed and the names of the
    55  person's employers;

        S. 8308--C                         21                         A. 8808--C
 
     1    (d) Such further facts and evidence as may be required by the  commis-
     2  sion  to ascertain the character, integrity and identity of the prospec-
     3  tive licensee; and
     4    (e)  That  if  a  license  is  issued to the prospective licensee, the
     5  applicant will employ such licensee as  pier  superintendent  or  hiring
     6  agent, as the case may be.
     7    3. No such license shall be granted:
     8    (a)  Unless  the  commission  shall  be satisfied that the prospective
     9  licensee possesses good character and integrity;
    10    (b) If the prospective licensee has, without subsequent  pardon,  been
    11  convicted  by  a  court  of the United States, or any state or territory
    12  thereof, of the commission of, or the attempt or conspiracy  to  commit,
    13  treason, murder, manslaughter or any crime punishable by death or impri-
    14  sonment for a term exceeding three hundred sixty-four days or any of the
    15  following   misdemeanors  or  offenses:  illegally  using,  carrying  or
    16  possessing a pistol or other  dangerous  weapon;  making  or  possessing
    17  burglar's  instruments;  buying  or  receiving stolen property; unlawful
    18  entry of a building; aiding an escape from prison;  unlawfully  possess-
    19  ing,  possessing  with  intent  to distribute, sale or distribution of a
    20  controlled dangerous substance (controlled substance)  or  a  controlled
    21  dangerous  substance  analog;  and  violation  of  this  act.   Any such
    22  prospective licensee ineligible for a license  by  reason  of  any  such
    23  conviction  may submit satisfactory evidence to the commission that such
    24  person has for a period of not less than five years, measured as herein-
    25  after provided, and up to the time of application, so acted in a  manner
    26  as  to  warrant the grant of such license, in which event the commission
    27  may, in its discretion, issue an order removing such ineligibility.  The
    28  aforesaid period of five years shall be measured either from the date of
    29  payment  of  any  fine  imposed  upon  such  person or the suspension of
    30  sentence or from the date of the person's unrevoked release from custody
    31  by parole, commutation or termination of sentence;
    32    (c) If the prospective licensee knowingly or willfully  advocates  the
    33  desirability  of overthrowing or destroying the government of the United
    34  States by force or violence or shall be a member of a group which  advo-
    35  cates such desirability, knowing the purposes of such group include such
    36  advocacy.
    37    4.  When  the  application  shall  have been examined and such further
    38  inquiry and investigation made as the commission shall deem  proper  and
    39  when  the  commission  shall be satisfied therefrom that the prospective
    40  licensee possesses the qualifications  and  requirements  prescribed  in
    41  this  section, the commission shall issue and deliver to the prospective
    42  licensee a license to act as pier superintendent or hiring agent for the
    43  applicant, as the case may be, and shall inform the  applicant  of  this
    44  action.  The  commission may issue a temporary permit to any prospective
    45  licensee for a license under the  provisions  of  this  article  pending
    46  final action on an application made for such a license.  Any such permit
    47  shall be valid for a period not in excess of six months.
    48    5.  No  person  shall  be  licensed to act as a pier superintendent or
    49  hiring agent for more than one employer, except  at  a  single  pier  or
    50  other  waterfront  terminal,  but  nothing  in  this  section  shall  be
    51  construed to limit in any way the  number  of  pier  superintendents  or
    52  hiring agents any employer may employ.
    53    6.  A  license granted pursuant to this section shall continue through
    54  the duration of the licensee's employment by the employer who shall have
    55  applied for  the person's license.

        S. 8308--C                         22                         A. 8808--C
 
     1    7. Any license issued pursuant to  this  section  may  be  revoked  or
     2  suspended for such period as the commission deems in the public interest
     3  or  the  licensee thereunder may be reprimanded for any of the following
     4  offenses:
     5    (a)  Conviction of a crime or act by the licensee or other cause which
     6  would  require  or permit the person's disqualification from receiving a
     7  license upon original application;
     8    (b) Fraud, deceit or misrepresentation in securing the license, or  in
     9  the conduct of the licensed activity;
    10    (c) Violation of any of the provisions of this act;
    11    (d)  Criminal possession of a controlled substance or criminal sale of
    12  a controlled substance;
    13    (e) Employing, hiring or procuring any person in violation of this act
    14  or inducing or otherwise aiding or abetting any person  to  violate  the
    15  terms of this act;
    16    (f)  Paying, giving, causing to be paid or given or offering to pay or
    17  give to any person any  valuable  consideration  to  induce  such  other
    18  person  to  violate  any  provision  of this act or to induce any public
    19  officer, agent or employee to fail to perform the  person's  duty  here-
    20  under;
    21    (g) Consorting with known criminals for an unlawful purpose, provided,
    22  however,  that consorting without unlawful purpose shall be insufficient
    23  grounds for revocation or suspension;
    24    (h) Transfer or surrender of possession of the license to  any  person
    25  either temporarily or permanently without satisfactory explanation;
    26    (i) False impersonation of another licensee under this act;
    27    (j) Receipt or solicitation of anything of value from any person other
    28  than  the  licensee's  employer  as  consideration  for the selection or
    29  retention for employment of any longshore worker;
    30    (k) Coercion of a longshore  worker  to  make  purchases  from  or  to
    31  utilize the services of any person;
    32    (l) Lending any money to or borrowing any money from a longshore work-
    33  er for which there is a charge of interest or other consideration; and
    34    (m)  Membership  in  a  labor  organization which represents longshore
    35  workers or security officers; but  nothing  in  this  section  shall  be
    36  deemed  to  prohibit  pier  superintendents  or hiring agents from being
    37  represented by a labor organization or organizations which do  not  also
    38  represent  longshore  workers or security officers.  The American Feder-
    39  ation of Labor and Congress of Industrial Organizations  and  any  other
    40  similar federation, congress or other organization of national or inter-
    41  national  occupational  or  industrial  labor organizations shall not be
    42  considered an organization which represents longshore workers or securi-
    43  ty officers within the meaning of  this  section  although  one  of  the
    44  federated or constituent labor organizations thereof may represent long-
    45  shore workers or security officers.
    46    8.  Any  applicant  for pier superintendent or hiring agent ineligible
    47  for a license by reason of the provisions of paragraph (b)  of  subdivi-
    48  sion three of this section may petition for and the commission may issue
    49  an  order removing the ineligibility.  A petition for an order to remove
    50  ineligibility may be made to the commission before or after the  hearing
    51  required by section five hundred thirty-four-n of this article.
    52    § 534-g. Stevedores.  1. No person shall act as a stevedore within the
    53  port of New York district in this state without having first obtained  a
    54  license from the commission or previously, from the bi-state commission,
    55  and no person shall employ a stevedore to perform services as such with-

        S. 8308--C                         23                         A. 8808--C
 
     1  in  the  port of New York district in this state unless the stevedore is
     2  so licensed.
     3    2.  Any  person intending to act as a stevedore within the port of New
     4  York district in this state shall file in the office of the commission a
     5  written application for a license to engage  in  such  occupation,  duly
     6  signed and  verified as follows:
     7    (a)  If  the  applicant  is a natural person, the application shall be
     8  signed and verified by such person and if the applicant  is  a  partner-
     9  ship,  the  application  shall  be  signed  and verified by each natural
    10  person composing or intending to compose such partnership.  The applica-
    11  tion shall state the full name, age,  residence,  business  address,  if
    12  any,  present and previous occupations of each natural person so signing
    13  the same, and any other facts and evidence as may  be  required  by  the
    14  commission  to  ascertain  the character, integrity and identity of each
    15  natural person so signing such application.
    16    (b) If the applicant is a corporation, the application shall be signed
    17  and verified by the president,  secretary  and  treasurer  thereof,  and
    18  shall  specify  the  name  of the corporation, the date and place of its
    19  incorporation, the location of its  principal  place  of  business,  the
    20  names and addresses of, and the amount of the stock held by stockholders
    21  owning  five  percent  or  more  of any of the stock thereof, and of all
    22  officers, including all members of the board of directors.  The require-
    23  ments of paragraph (a) of this subdivision as to a natural person who is
    24  a member of a partnership, and such requirements as may be specified  in
    25  rules and regulations promulgated by the commission, shall apply to each
    26  such officer or stockholder and their successors in office or interest.
    27    (c)  In the event of the death, resignation or removal of any officer,
    28  and in the event of any change in the list of stockholders who shall own
    29  five percent or more of the stock of the corporation, the  secretary  of
    30  such  corporation shall forthwith give notice of that fact in writing to
    31  the commission certified by said secretary.
    32    3. No such license shall be granted:
    33    (a) If any person whose signature or name appears in  the  application
    34  is  not  the  real party in interest required by subdivision two of this
    35  section to sign or to be identified in the application or if the  person
    36  so  signing or named in the application is an undisclosed agent or trus-
    37  tee for any such real party in interest;
    38    (b) Unless the commission shall be satisfied that  the  applicant  and
    39  all  members,  officers  and stockholders required by subdivision two of
    40  this section to sign or be identified in  the  application  for  license
    41  possess  good character and integrity;
    42    (c)  Unless  the  applicant is either a natural person, partnership or
    43  corporation;
    44    (d) Unless the applicant shall be a party to a contract then in  force
    45  or which will take effect upon the issuance of a license, with a carrier
    46  of  freight  by  water for the loading and unloading by the applicant of
    47  one or more vessels of such carrier at a pier within  the  port  of  New
    48  York district in this state;
    49    (e) If the applicant or any member, officer or stockholder required by
    50  subdivision two of this section to sign or be identified in the applica-
    51  tion    for  license has, without subsequent pardon, been convicted by a
    52  court of  the United States or any state or  territory  thereof  of  the
    53  commission  of, or the attempt or conspiracy to commit, treason, murder,
    54  manslaughter or any crime punishable by death or imprisonment for a term
    55  exceeding one year or any of the misdemeanors or offenses  described  in
    56  paragraph (b) of subdivision three of section five hundred thirty-four-f

        S. 8308--C                         24                         A. 8808--C
 
     1  of  this  article.   Any applicant ineligible for a license by reason of
     2  any such  conviction may submit satisfactory evidence to the  commission
     3  that the  person whose conviction was the basis of ineligibility has for
     4  a  period  of not less than five years, measured as hereinafter provided
     5  and up to  the time of application, so acted in a manner as  to  warrant
     6  the  grant  of   such license, in which event the commission may, in its
     7  discretion issue  an order removing such  ineligibility.  The  aforesaid
     8  period  of  five years shall be measured either from the date of payment
     9  of any fine imposed  upon such person or the suspension of  sentence  or
    10  from  the date of the person's unrevoked release from custody by parole,
    11  commutation or termination of the person's sentence;
    12    (f) If the applicant has paid, given, caused  to  have  been  paid  or
    13  given or offered to pay or give to any officer or employee of any carri-
    14  er  of  freight  by  water any valuable consideration for an improper or
    15  unlawful purpose or to induce such person to procure the  employment  of
    16  the  applicant  by  such  carrier  for  the  performance  of stevedoring
    17  services;
    18    (g) If the applicant has paid, given, caused to be paid  or  given  or
    19  offered  to  pay  or  give  to  any officer or representative of a labor
    20  organization any valuable consideration  for  an  improper  or  unlawful
    21  purpose  or  to induce such officer or representative to subordinate the
    22  interests of such labor organization or its members in the management of
    23  the affairs of such labor organization to the interests  of  the  appli-
    24  cant.
    25    (h)  If  the  applicant  has  paid, given, caused to have been paid or
    26  given or offered to pay or give to any agent of any carrier  of  freight
    27  by  water any valuable consideration for an improper or unlawful purpose
    28  or, without the knowledge and consent of such carrier,  to  induce  such
    29  agent  to procure the employment of the applicant by such carrier or its
    30  agent for the performance of stevedoring services.
    31    4. When the application shall have  been  examined  and  such  further
    32  inquiry  and  investigation made as the commission shall deem proper and
    33  when the commission shall be  satisfied  therefrom  that  the  applicant
    34  possesses   the  qualifications  and  requirements  prescribed  in  this
    35  section, the commission shall issue and deliver a license to such appli-
    36  cant.  The commission may issue a temporary permit to any applicant  for
    37  a  license under the provisions of this section pending final action  on
    38  an application made for such a license. Any such permit shall  be  valid
    39  for a period not in excess of six months.
    40    5. A stevedore's license granted pursuant to this section shall be for
    41  a  term  of  five  years or fraction of such five year period, and shall
    42  expire on the first day of December.  In the event of the death  of  the
    43  licensee,  if  a  natural   person, or its termination or dissolution by
    44  reason of a death of a partner, if a partnership,  or  if  the  licensee
    45  shall  cease to be a party to any contract of the type required by para-
    46  graph (d) of subdivision three of this section, the license shall termi-
    47  nate ninety days after such event or upon its expiration date, whichever
    48  shall be sooner.  A license may be renewed by the commission for succes-
    49  sive five year periods upon fulfilling the same requirements as are  set
    50  forth  in  this  section  for  an original application for a stevedore's
    51  license.
    52    6. Any license issued pursuant to  this  section  may  be  revoked  or
    53  suspended for such period as the commission deems in the public interest
    54  or  the  licensee thereunder may be reprimanded for any of the following
    55  offenses on the part of the licensee or of any person required by subdi-

        S. 8308--C                         25                         A. 8808--C
 
     1  vision two of this section to sign  or  be  identified  in  an  original
     2  application for a license:
     3    (a) Conviction of a crime or other cause which would permit or require
     4  disqualification  of the licensee from receiving a license upon original
     5  application;
     6    (b) Fraud, deceit or misrepresentation in securing the license  or  in
     7  the conduct of the licensed activity;
     8    (c)  Failure  by  the licensee to maintain a complete set of books and
     9  records containing  a  true  and  accurate  account  of  the  licensee's
    10  receipts  and  disbursements  arising  out  of the licensee's activities
    11  within the port of New York district in this state;
    12    (d) Failure to keep said books and records available  during  business
    13  hours for inspection by the commission and its duly designated represen-
    14  tatives  until  the  expiration of the fifth calendar year following the
    15  calendar year during which occurred the transactions recorded therein;
    16    (e) Any other offense described in paragraphs (c), (d), (e), (f), (g),
    17  (h) and (i) of subdivision seven of section five  hundred  thirty-four-f
    18  of this article.
    19    § 534-h. Prohibition  of  public  loading.  1.  It is unlawful for any
    20  person to load or unload waterborne freight onto or from vehicles  other
    21  than  railroad cars at piers or at other waterfront terminals within the
    22  port of New York district in this state, for  a  fee  or  other  compen-
    23  sation, other than the following persons and their employees:
    24    (a)  Carriers  of  freight  by water, but only at piers at which their
    25  vessels are berthed;
    26    (b) Other carriers of freight (including but not limited to  railroads
    27  and  truckers), but only in connection with freight transported or to be
    28  transported by such carriers;
    29    (c) Operators of piers or other waterfront terminals (including  rail-
    30  roads,  truck  terminal operators, warehouse workers and other persons),
    31  but only at piers or other waterfront terminals operated by them;
    32    (d) Shippers or consignees of freight, but  only  in  connection  with
    33  freight shipped by such shipper or consigned to such consignee;
    34    (e)  Stevedores  licensed  under section five hundred thirty-four-g of
    35  this article, whether or not such waterborne freight has been or  is  to
    36  be  transported by a carrier of  freight by water with which such steve-
    37  dore shall have a contract of the type prescribed by  paragraph  (d)  of
    38  subdivision three of section five hundred thirty-four-g of this article.
    39    2.  Nothing  in  this  section contained shall be deemed to permit any
    40  such loading or unloading of any waterborne freight at any place by  any
    41  such  person by  means of any independent contractor, or any other agent
    42  other than an employee, unless such independent contractor is  a  person
    43  permitted  by  this section to load or unload such freight at such place
    44  in the person's own right.
    45    § 534-i. Longshore workers' register. 1. The commission shall maintain
    46  a longshore workers' register in which shall be included  all  qualified
    47  longshore  workers  eligible, as provided, for employment as such in the
    48  port of New York district in this state.  No person shall act as a long-
    49  shore worker within the port of New York district in this  state  unless
    50  at  the time such person is included in the longshore workers' register,
    51  and no person shall employ another to work as a longshore worker  within
    52  the  port  of  New  York  district in this state unless at the time such
    53  other person is included in the longshore workers' register.
    54    2. Any person applying for inclusion in the longshore workers'  regis-
    55  ter  shall file at such place and in such manner as the commission shall
    56  designate a written statement,  signed  and  verified  by  such  person,

        S. 8308--C                         26                         A. 8808--C
 
     1  setting forth the person's  full name, residence address, social securi-
     2  ty  number,  and  such  further facts and evidence as the commission may
     3  prescribe to establish the identity of  such  person  and  the  person's
     4  criminal record, if any.
     5    3. The commission may in its discretion deny application for inclusion
     6  in the longshore workers' register by a person:
     7    (a)  Who  has  been  convicted  by a court of the United States or any
     8  state or territory  thereof,  without  subsequent  pardon,  of  treason,
     9  murder, manslaughter or of any crime punishable by death or imprisonment
    10  for  a  term  exceeding  three  hundred sixty-four days or of any of the
    11  misdemeanors or offenses described in paragraph (b) of subdivision three
    12  of section five hundred thirty-four-f of this article or of  attempt  or
    13  conspiracy to commit any of such crimes;
    14    (b)  Who  knowingly or willingly advocates the  desirability  of over-
    15  throwing or destroying the government of the United States by  force  or
    16  violence or who shall be a member of a group which advocates such desir-
    17  ability knowing the purposes of such group include such advocacy;
    18    (c)  Whose  presence at the piers or other waterfront terminals in the
    19  port of New York district in this state is found by  the  commission  on
    20  the basis of the facts and evidence before it, to constitute a danger to
    21  the public peace or safety.
    22    4. Unless the commission shall determine to exclude the applicant from
    23  the  longshore  workers'  register  on a ground set forth in subdivision
    24  three of this section it shall include  such  person  in  the  longshore
    25  workers'  register.    The commission shall issue a determination within
    26  thirty days of receipt of the application provided, however,  that  this
    27  time  requirement  shall  not  apply  for  any period of delay caused or
    28  requested by the applicant.  If the commission cannot  make  a  determi-
    29  nation within that time, it shall notify the applicant that the applica-
    30  tion  is still under review.  The commission may permit temporary regis-
    31  tration of any applicant under the provisions of  this  section  pending
    32  final  action  on  an  application made for such registration.  Any such
    33  temporary registration shall be valid for a period not in excess of  six
    34  months.
    35    5.  The  commission shall have power to reprimand any longshore worker
    36  registered under this section or to remove that person  from  the  long-
    37  shore workers' register for such period as it deems in the public inter-
    38  est for any of the following offenses:
    39    (a)  Conviction of a crime or other cause which would permit disquali-
    40  fication of such person from inclusion in the longshore workers'  regis-
    41  ter upon original application;
    42    (b)  Fraud,  deceit  or misrepresentation in securing inclusion in the
    43  longshore workers' register;
    44    (c) Transfer or surrender of possession to any person either temporar-
    45  ily or permanently of any card or other means of  identification  issued
    46  by  the  commission  as  evidence of inclusion in the longshore workers'
    47  register, without satisfactory explanation;
    48    (d) False impersonation of another longshore worker  registered  under
    49  this section or of another person licensed under this act;
    50    (e)    Willful  commission  of or willful attempt to commit at or on a
    51  waterfront terminal or adjacent highway any act of  physical  injury  to
    52  any  other  person  or  of  willful damage to or misappropriation of any
    53  other person's property, unless justified or excused by law; and
    54    (f)  Any other offense described in paragraphs (c), (d), (e), and  (f)
    55  of subdivision seven of section five hundred thirty-four-f of this arti-
    56  cle.

        S. 8308--C                         27                         A. 8808--C
 
     1    6. Whenever, as a result of legislative amendments to this act or of a
     2  ruling by the commission, registration as a longshore worker is required
     3  for  any  person to continue employment, such person shall be registered
     4  as a longshore worker without regard to the provisions of  section  five
     5  hundred  thirty-four-l  of  this  article,  provided, however, that such
     6  person satisfies all the other requirements of this act for registration
     7  as a longshore worker.
     8    7. The commission shall have the right to recover  possession  of  any
     9  card or other means of identification issued as evidence of inclusion in
    10  the  longshore  workers' register if the holder thereof has been removed
    11  from the longshore workers' register.
    12    8. Nothing contained in this article shall be construed  to  limit  in
    13  any  way  any  rights  of labor reserved by section five hundred thirty-
    14  four-q of this article.
    15    § 534-j. List of qualified longshore workers for employment as  check-
    16  ers.  1.    The  commission shall maintain within the longshore workers'
    17  register a list of all qualified longshore workers eligible, as provided
    18  in this section, for employment as checkers in  the  port  of  New  York
    19  district  in  this  state.   No person shall act as a checker within the
    20  port of New York district in this state unless at the time  such  person
    21  is  included  in  the  longshore  workers' register as a checker, and no
    22  person shall employ another to work as a checker within the port of  New
    23  York  district  in  this  state  unless at the time such other person is
    24  included in the longshore workers' register as a checker.
    25    2. Any person applying for inclusion in the longshore workers'  regis-
    26  ter  as a checker shall file at any such place and in such manner as the
    27  commission shall designate a written statement, signed and  verified  by
    28  such person, setting forth the following:
    29    (a) The full name, residence, place and date of birth and social secu-
    30  rity number of the applicant;
    31    (b)  The  present and previous occupations of the applicant, including
    32  the places where such person was employed and the names of that person's
    33  employers;
    34    (c)  Such further facts and evidence as may be required by the commis-
    35  sion to ascertain the character, integrity and identity  of  the  appli-
    36  cant.
    37    3. No person shall be included in the longshore workers' register as a
    38  checker:
    39    (a)  Unless  the  commission  shall  be  satisfied  that the applicant
    40  possesses good character and integrity;
    41    (b) If the applicant has, without subsequent  pardon,  been  convicted
    42  by  a  court  of the United States or any state or territory thereof, of
    43  the commission of, or the attempt  or  conspiracy  to  commit,  treason,
    44  murder,  manslaughter  or  any crime punishable by death or imprisonment
    45  for a term exceeding three hundred sixty-four days or any of the follow-
    46  ing misdemeanors or offenses:  illegally using, carrying or possessing a
    47  pistol or another dangerous weapon;  making  or  possessing    burglar's
    48  instruments;  buying  or  receiving stolen property; unlawful entry of a
    49  building; aiding an escape from prison; unlawfully  possessing, possess-
    50  ing with intent to distribute, sale  or  distribution  of  a  controlled
    51  dangerous  substance  (controlled  substance)  or a controlled dangerous
    52  substance analog (controlled substance analog); petty larceny, where the
    53  evidence shows the property was stolen from  a  vessel,  pier  or  other
    54  waterfront terminal; and violation of the act. Any such applicant ineli-
    55  gible  for inclusion in the  longshore workers' register as a checker by
    56  reason of any such conviction  may submit satisfactory evidence  to  the

        S. 8308--C                         28                         A. 8808--C

     1  commission that the person has for a period of not less than five years,
     2  measured  as  provided  in this section,  and up to the time of applica-
     3  tion, so acted in a manner as to warrant   inclusion  in  the  longshore
     4  workers'  register  as  a checker, in which event the commission may, in
     5  its discretion, issue an order removing such ineligibility.  The  afore-
     6  said  period  of  five  years shall be measured  either from the date of
     7  payment of any fine imposed  upon  such  person  or  the  suspension  of
     8  sentence  or  from  the  date  of such person's unrevoked release   from
     9  custody by parole, commutation or termination of such person's sentence;
    10    (c) If the applicant knowingly or willfully advocates the desirability
    11  of overthrowing or destroying the government of  the  United  States  by
    12  force  or  violence or shall be a member of a group which advocates such
    13  desirability, knowing the purposes of such group include such advocacy.
    14    4. When the application shall have  been  examined  and  such  further
    15  inquiry  and  investigation made as the commission shall deem proper and
    16  when the commission shall be  satisfied  therefrom  that  the  applicant
    17  possesses   the  qualifications  and  requirements  prescribed  by  this
    18  section, the commission shall include the  applicant  in  the  longshore
    19  workers'  register  as  a  checker.  The commission may permit temporary
    20  registration as a checker to any applicant under  this  section  pending
    21  final  action  on an application made for such registration, under  such
    22  terms and conditions as the commission may  prescribe,  which  shall  be
    23  valid  for  a period to be fixed by the commission, not in excess of six
    24  months.
    25    5. The commission shall have power to reprimand any checker registered
    26  under this section or to remove such person from the longshore  workers'
    27  register  as a checker for such period of time as it deems in the public
    28  interest for any of the following offenses:
    29    (a) Conviction of a crime or other cause which would permit  disquali-
    30  fication  of such person from inclusion in the longshore workers' regis-
    31  ter as a checker upon original application;
    32    (b) Fraud, deceit or misrepresentation in securing  inclusion  in  the
    33  longshore workers' register as a checker or in the conduct of the regis-
    34  tered activity;
    35    (c) Violation of any of the provisions of this act;
    36    (d)  Criminal possession of a controlled substance or criminal sale of
    37  a controlled substance;
    38    (e) Inducing or otherwise aiding or abetting any person to violate the
    39  terms of this act;
    40    (f) Paying, giving, causing to be paid or given or offering to pay  or
    41  give  to  any  person  any  valuable  consideration to induce such other
    42  person to violate any provision of this act  or  to  induce  any  public
    43  officer,  agent  or  employee to fail to perform the person's duty under
    44  this act;
    45    (g) Consorting with known criminals for an unlawful purpose, provided,
    46  however, that consorting without unlawful purpose shall be  insufficient
    47  grounds for reprimand;
    48    (h) Transfer or surrender of possession to any person either temporar-
    49  ily  or  permanently of any card or other means of identification issued
    50  by the commission as evidence of  inclusion  in  the  workers'  register
    51  without satisfactory explanation;
    52    (i)  False  impersonation  of  another  longshore worker or of another
    53  person licensed under this act.
    54    6. The commission shall have the right to recover  possession  of  any
    55  card or other means of identification issued as evidence of inclusion in
    56  the longshore workers' register as a checker in the event that the hold-

        S. 8308--C                         29                         A. 8808--C
 
     1  er  thereof  has  been removed from the longshore workers' register as a
     2  checker.
     3    7.  Any  applicant  ineligible for inclusion in the longshore workers'
     4  register as a checker by reason of the provisions of  paragraph  (b)  of
     5  subdivision  three  of  this section may petition for and the commission
     6  may issue an order removing the ineligibility. A petition for  an  order
     7  to  remove  ineligibility  may be made to the commission before or after
     8  the hearing required by section five hundred thirty-four-n of this arti-
     9  cle.
    10    8. Nothing contained in this section shall be construed  to  limit  in
    11  any  way  any  rights  of labor reserved by section five hundred thirty-
    12  four-q of this article.
    13    § 534-k. Regularization  of  longshore  workers'  employment.  1.  The
    14  commission  shall, at regular intervals, remove from the longshore work-
    15  ers' register any person who shall have been  registered  for  at  least
    16  nine  months and who shall have failed during the preceding six calendar
    17  months either to have worked as a longshore worker in the  port  of  New
    18  York district or to have applied for employment as a longshore worker at
    19  an  employment  information  center in the port of New York district for
    20  such minimum number of days  as  shall  have  been  established  by  the
    21  commission pursuant to subdivision two of this section.
    22    2.  On  or  before  each succeeding first day of June or December, the
    23  commission shall, for the purposes of subdivision one of  this  section,
    24  establish for the six-month period beginning on each such date a minimum
    25  number of days and the distribution of such days during such period.
    26    3.  In  establishing  any  such  minimum number of days or period, the
    27  commission shall observe the following standards:
    28    (a) To encourage as far  as  practicable  the  regularization  of  the
    29  employment of longshore workers;
    30    (b)  To  bring  the  number of eligible longshore workers more closely
    31  into balance with the demand for longshore workers' services within  the
    32  port  of  New York district in this state without reducing the number of
    33  eligible longshore workers below that necessary to meet the requirements
    34  of longshore workers in the port of New York district in this state;
    35    (c) To eliminate oppressive,  unlawful,  discriminatory,  and  corrupt
    36  hiring  practices affecting longshore workers and waterborne commerce in
    37  the port of New York district in this state; and
    38    (d) To eliminate unlawful practices injurious to waterfront labor.
    39    4. A longshore worker who has been removed from the longshore workers'
    40  register pursuant to this section may seek reinstatement upon fulfilling
    41  the same requirements as for initial inclusion in the longshore workers'
    42  register, but not before the expiration of one year  from  the  date  of
    43  removal,  except  that immediate reinstatement shall be made upon proper
    44  showing that the registrant's failure to work  or  apply  for  work  the
    45  minimum  number  of days above described was caused by the fact that the
    46  registrant was engaged in the military service of the United  States  or
    47  was incapacitated by ill health, physical injury, or other good cause.
    48    5. Notwithstanding any other provision of this article, the commission
    49  shall  at  any  time  have  the power to register longshore workers on a
    50  temporary basis to meet special or emergency needs.
    51    6. Notwithstanding any other provisions of this section,  the  commis-
    52  sion shall have the power to remove from the longshore workers' register
    53  any  person (including those persons registered as longshore workers for
    54  less than nine months) who shall have failed to have worked as  a  long-
    55  shore worker in the port of New York district for such minimum number of
    56  days  during  a  period  of  time  as shall have been established by the

        S. 8308--C                         30                         A. 8808--C
 
     1  commission.   In administering this  section,  the  commission,  in  its
     2  discretion,  may count applications for employment as a longshore worker
     3  at an employment  information  center  established  under  section  five
     4  hundred  thirty-four-o  of this article as constituting actual work as a
     5  longshore worker, provided, however, that the commission shall count  as
     6  actual  work  the compensation received by any longshore worker pursuant
     7  to the guaranteed wage provisions of any collective bargaining agreement
     8  relating to longshore workers.  Prior to the commencement of any  period
     9  of  time  established  by  the  commission pursuant to this section, the
    10  commission shall establish for such period the minimum number of days of
    11  work required and the distribution of such days during such  period  and
    12  shall  also  determine  whether  or  not application for employment as a
    13  longshore worker shall be counted as constituting actual work as a long-
    14  shore worker. The commission may classify longshore workers according to
    15  length of service as a longshore worker and such other criteria  as  may
    16  be reasonable and necessary to carry out the provisions of this act. The
    17  commission shall have the power to vary the requirements of this section
    18  with  respect  to  their  application  to the various classifications of
    19  longshore workers. In administering this section, the  commission  shall
    20  observe the standards set forth in section five hundred thirty-four-l of
    21  this  article.    Nothing  in this section shall be construed to modify,
    22  limit or restrict in any way any of the rights protected by section five
    23  hundred thirty-four-q of this article.
    24    § 534-l. Suspension or acceptance of applications for inclusion in the
    25  longshore workers' register; exceptions. 1.  The commission  shall  have
    26  the  power  to make determinations to suspend the acceptance of applica-
    27  tions for inclusion in the longshore workers' register for such  periods
    28  of time as the commission may from time to time establish and, after any
    29  such  period  of suspension, the commission shall have the power to make
    30  determinations to accept applications for such period  of  time  as  the
    31  commission  may establish or in such number as the commission may deter-
    32  mine, or both. Such determinations to  suspend  or  accept  applications
    33  shall  be  made  by  the  commission:  (a) on its own initiative when it
    34  determines that continued acceptance of applications  for  inclusion  in
    35  the  longshore workers' register will violate the standards set forth in
    36  subdivision two of this section; or (b) upon the joint recommendation in
    37  writing of stevedores and other employers of longshore  workers  in  the
    38  port  of New York district in this state, acting through their represen-
    39  tative for the purpose of collective bargaining with a  labor  organiza-
    40  tion representing such longshore workers in such district and such labor
    41  organization;  or  (c)  upon  the  petition in writing of a stevedore or
    42  another employer of longshore workers in the port of New  York  district
    43  in  this  state  which does not have a representative for the purpose of
    44  collective bargaining with a labor organization representing such  long-
    45  shore  workers.  The commission shall have the power to accept or reject
    46  such joint recommendation or  petition.  All  joint  recommendations  or
    47  petitions  filed  for the acceptance of applications with the commission
    48  for inclusion in the longshore workers' register shall include:
    49    (i) the number of employees requested;
    50    (ii) the category or categories of employees requested;
    51    (iii) a detailed statement setting forth the reasons  for  such  joint
    52  recommendation or petition;
    53    (iv) in cases where a joint recommendation is made under this section,
    54  the collective bargaining representative of stevedores and other employ-
    55  ers  of longshore workers in the port of New York district in this state
    56  and the labor organization representing  such  longshore  workers  shall

        S. 8308--C                         31                         A. 8808--C
 
     1  provide  the allocation of the number of persons to be sponsored by each
     2  employer of longshore workers in the port of New York district  in  this
     3  state; and
     4    (v) any other information requested by the commission.
     5    2.  In  administering  the  provisions of this section, the commission
     6  shall observe the following standards:
     7    (a) To encourage as far  as  practicable  the  regularization  of  the
     8  employment of longshore workers;
     9    (b)  To  bring  the  number of eligible longshore workers into balance
    10  with the demand for longshore workers' services within the port  of  New
    11  York  district  in  this  state  without reducing the number of eligible
    12  longshore workers below that necessary to meet the requirements of long-
    13  shore workers in the port of New York district in this state;
    14    (c) To encourage the mobility and full  utilization  of  the  existing
    15  work force of longshore workers;
    16    (d)  To  protect  the job security of the existing work force of long-
    17  shore workers by  considering  the  wages  and  employment  benefits  of
    18  prospective registrants;
    19    (e)  To  eliminate  oppressive,  unlawful, discriminatory, and corrupt
    20  hiring practices injurious to waterfront labor and  waterborne  commerce
    21  in  the  port  of  New  York  district in this state, including, but not
    22  limited to, those  oppressive,  unlawful,  discriminatory,  and  corrupt
    23  hiring  practices  that  may result from either a surplus or shortage of
    24  waterfront labor;
    25    (f) To consider the effect of technological change and automation  and
    26  such  other economic data and facts as are relevant to a proper determi-
    27  nation; and
    28    (g) To protect the public interest of this state.
    29    3. (a) In observing the foregoing standards and before determining  to
    30  suspend  or  accept applications for inclusion in the longshore workers'
    31  register, the commission shall consult with and consider the  views  of,
    32  including  any  statistical data or other factual information concerning
    33  the size of the longshore workers' register submitted  by,  carriers  of
    34  freight  by water, stevedores, waterfront terminal owners and operators,
    35  any labor organization representing employees registered by the  commis-
    36  sion,  and  any other person whose interests may be affected by the size
    37  of the longshore workers' register.  The commission shall publish on its
    38  website the justification for any determination to suspend  applications
    39  for  inclusion  in the longshore workers' register, and shall notify the
    40  governor and the legislature of such suspension, within ten days of such
    41  action.
    42    (b) Any recommendation or petition granted hereunder shall be  subject
    43  to  such terms and conditions as the commission may prescribe consistent
    44  with the provisions of this act or any regulations promulgated thereof.
    45    4. Any determination by the commission pursuant  to  this  section  to
    46  suspend  or  accept applications for inclusion in the longshore workers'
    47  register shall be made upon a record, shall not become  effective  until
    48  five  days  after  notice thereof to the collective bargaining represen-
    49  tative of stevedores and other employers of  longshore  workers  in  the
    50  port  of  New  York district in this state and to the labor organization
    51  representing such longshore workers and/or the petitioning stevedore  or
    52  other  employer of longshore workers in the port of New York district in
    53  this state and shall be subject to judicial review for being  arbitrary,
    54  capricious,  and  an  abuse of discretion in a proceeding jointly insti-
    55  tuted by such representative and such labor organization and/or  by  the
    56  petitioning stevedore or other employer of longshore workers in the port

        S. 8308--C                         32                         A. 8808--C
 
     1  of  New York district in this state. Such judicial review proceeding may
     2  be instituted in the manner provided by the law of this state for review
     3  of the final decision or  action  of  administrative  agencies  of  this
     4  state, provided, however, that such proceeding shall be decided directly
     5  by  the  appellate division as the court of first instance (to which the
     6  proceeding shall be transferred by order  of  transfer  by  the  supreme
     7  court in the state of New York by notice of appeal from the commission's
     8  determination)  and  provided  further  that  notwithstanding  any other
     9  provision of law in this state no court shall have  power  to  stay  the
    10  commission's  determination  prior  to  final judicial decision for more
    11  than fifteen days. In the event that the  court  enters  a  final  order
    12  setting aside the determination by the commission to accept applications
    13  for  inclusion  in  the longshore workers' register, the registration of
    14  any longshore workers included in the longshore workers' register  as  a
    15  result of such determination by the commission shall be cancelled.
    16    5.  This  section  shall apply, notwithstanding any other provision of
    17  this act, provided however, such section shall not in any way  limit  or
    18  restrict the provisions of this subdivision empowering the commission to
    19  register longshore workers on a temporary basis to meet special or emer-
    20  gency  needs  or  the  provisions  of  subdivision  four of section five
    21  hundred thirty-four-k of this article relating to  the  immediate  rein-
    22  statement of persons removed from the longshore workers' register pursu-
    23  ant to this section.
    24    6.  Upon  the  granting  of any joint recommendation or petition under
    25  this section for the acceptance of applications  for  inclusion  in  the
    26  longshore  workers'  register,  the commission shall accept applications
    27  upon written sponsorship from  the  prospective  employer  of  longshore
    28  workers.  The  sponsoring employer shall furnish the commission with the
    29  name, address and such other identifying or category information as  the
    30  commission  may  prescribe  for  any person so sponsored. The sponsoring
    31  employer shall certify that the selection of the  persons  so  sponsored
    32  was  made  in a fair and non-discriminatory basis in accordance with the
    33  requirements of the laws of the United States and the state of New  York
    34  dealing  with equal employment opportunities. Notwithstanding any of the
    35  foregoing, where the commission determines to  accept  applications  for
    36  inclusion in the longshore workers' register on its own initiative, such
    37  acceptance  shall  be  accomplished in such manner deemed appropriate by
    38  the commission.
    39    7. Notwithstanding any other provision of this article, the commission
    40  may include in the longshore workers'  register  under  such  terms  and
    41  conditions as the commission may prescribe:
    42    (a)  a person issued registration on a temporary basis to meet special
    43  or emergency needs who is still so registered by the commission; and
    44    (b) a person defined as a longshore worker  in  subparagraph  four  of
    45  paragraph  (a),  or  paragraph (b) of subdivision twelve of section five
    46  hundred thirty-four-b of this article who is  employed  by  a  stevedore
    47  defined  in  paragraph  (c)  or (d) of subdivision twenty-two of section
    48  five hundred thirty-four-b of this article and whose employment  is  not
    49  subject  to  the  guaranteed  annual income provisions of any collective
    50  bargaining agreement relating to longshore workers.
    51    8. The commission may include  in  the  longshore  workers'  register,
    52  under such terms and conditions as the commission may prescribe, persons
    53  issued  registration  on  a  temporary  basis as a longshore worker or a
    54  checker to meet special or emergency needs and who are still  so  regis-
    55  tered by the commission upon the enactment of this act.

        S. 8308--C                         33                         A. 8808--C
 
     1    9.  Nothing  in  this  section  shall be construed to modify, limit or
     2  restrict in any way any of the rights protected by section five  hundred
     3  thirty-four-q of this article.
     4    § 534-m. Security  officer. 1. No person shall act as a security offi-
     5  cer within the port of New York district in  this  state  without  first
     6  having  obtained  a  license from the commission or previously, from the
     7  bi-state commission, and no person shall employ a security  officer  who
     8  is not so licensed.
     9    2.  A  license  to act as a security officer shall be issued only upon
    10  written application, duly verified, which shall state the following:
    11    (a) The full name, residence, business address  (if  any),  place  and
    12  date of birth and social security number of the applicant;
    13    (b)  The  present and previous occupations of the applicant, including
    14  the places where the person was employed and the names of  the  person's
    15  employers;
    16    (c)  The citizenship of the applicant and, if the person is a natural-
    17  ized citizen of the United States, the court and date of naturalization;
    18  and
    19    (d) Such further facts and evidence as may be required by the  commis-
    20  sion  to  ascertain  the character, integrity and identity of the appli-
    21  cant.
    22    3. No such license shall be granted:
    23    (a) Unless the  commission  shall  be  satisfied  that  the  applicant
    24  possesses good character and integrity;
    25    (b) If the applicant has, without subsequent pardon, been convicted by
    26  a court of the United States or of any state or territory thereof of the
    27  commission  of, or the attempt or conspiracy to commit, treason, murder,
    28  manslaughter or any crime punishable by death or imprisonment for a term
    29  exceeding one year or any of the misdemeanors or offenses  described  in
    30  paragraph (b) of subdivision three of section five hundred thirty-four-f
    31  of this article;
    32    (c) Unless the applicant shall meet such reasonable standards of phys-
    33  ical and mental fitness for the discharge of a security officer's duties
    34  as may from time to time be established by the commission;
    35    (d) If the applicant shall be a member of any labor organization which
    36  represents  longshore  workers or pier superintendents or hiring agents;
    37  but nothing in this section shall be deemed to prohibit  security  offi-
    38  cers  from  being  represented  by a labor organization or organizations
    39  which do not also represent longshore workers or pier superintendents or
    40  hiring agents.  The American Federation of Labor and Congress of  Indus-
    41  trial  Organizations and any other similar federation, congress or other
    42  organization of national or  international  occupational  or  industrial
    43  labor  organizations  shall  not  be  considered  an  organization which
    44  represents longshore workers or pier superintendents  or  hiring  agents
    45  within  the  meaning  of  this  section although one of the federated or
    46  constituent labor organizations thereof may represent longshore  workers
    47  or pier superintendents or hiring agents;
    48    (e) If the applicant knowingly or willfully advocates the desirability
    49  of  overthrowing  or  destroying  the government of the United States by
    50  force or violence or shall be a member of a group which  advocates  such
    51  desirability, knowing the purposes of such group include such advocacy.
    52    4.  When  the  application  shall  have been examined and such further
    53  inquiry and investigation made as the commission shall deem  proper  and
    54  when  the  commission  shall  be  satisfied therefrom that the applicant
    55  possesses the qualifications and requirements prescribed by this section
    56  and regulations issued pursuant thereto, the commission shall issue  and

        S. 8308--C                         34                         A. 8808--C
 
     1  deliver a license to the applicant. The commission may issue a temporary
     2  permit  to  any  applicant  for  a  license under the provisions of this
     3  section pending final action on an application made for such a  license.
     4  Any such permit shall be valid for a period not in excess of six months.
     5    5.  A  license  granted  pursuant to this section shall continue for a
     6  term of three years. A license may be  renewed  by  the  commission  for
     7  successive  three-year  periods upon fulfilling the same requirements as
     8  set forth in this section for an original application.
     9    6. Notwithstanding any provision set forth in this section, a  license
    10  to  act  as  a  security officer shall continue and need not be renewed,
    11  provided the licensee shall, as required by the commission:
    12    (a) Submit to a medical examination and meet the physical  and  mental
    13  fitness  standards  established  by the commission pursuant to paragraph
    14  (c) of subdivision three of this section;
    15    (b) Complete a refresher course of training; and
    16    (c) Submit supplementary personal history information.
    17    7. Any license issued pursuant to  this  section  may  be  revoked  or
    18  suspended for such period as the commission deems in the public interest
    19  or  the  licensee thereunder may be reprimanded for any of the following
    20  offenses:
    21    (a) Conviction of a crime or other cause which would permit or require
    22  the person's disqualification from receiving  a  license  upon  original
    23  application;
    24    (b) Fraud, deceit or misrepresentation in securing the license; and
    25    (c) Any other offense described in paragraphs (c), (d), (e), (f), (g),
    26  (h),  and (i) of subdivision seven of section five hundred thirty-four-f
    27  of this article.
    28    8. The commission shall, at regular intervals, cancel the  license  or
    29  temporary  permit of a security officer who shall have failed during the
    30  preceding twelve months to have worked as a security officer in the port
    31  of New York district a minimum number of hours as shall have been estab-
    32  lished by the commission, except  that  immediate  restoration  of  such
    33  license  or  temporary permit shall be made upon proper showing that the
    34  failure to so work was caused by the fact that the licensee or permittee
    35  was engaged in the military service of the United States or was incapac-
    36  itated by ill health, physical injury or other good cause.
    37    9. Any applicant for security officer  ineligible  for  a  license  by
    38  reason  of  the provisions of paragraph (b) of subdivision three of this
    39  section may petition for and the commission may issue an order  removing
    40  the  ineligibility.  A petition for an order to remove ineligibility may
    41  be made to the commission  before  or  after  the  hearing  required  by
    42  section five hundred thirty-four-n of this article.
    43    § 534-n. Hearings,  determinations and review. 1. The commission shall
    44  not deny any application for a license or  registration  without  giving
    45  the  applicant  or  prospective  licensee reasonable prior notice and an
    46  opportunity to be heard by the commission.
    47    2. Any application for a license or for  inclusion  in  the  longshore
    48  workers'  register,  and any license issued or registration made, may be
    49  denied, revoked, or suspended only in  the  manner  prescribed  in  this
    50  section.
    51    3.  The  commission  may  on its own initiative or on complaint of any
    52  person, including any public official or agency,  institute  proceedings
    53  to  revoke  or  suspend  any  license or registration after a hearing at
    54  which the licensee or registrant and any person  making  such  complaint
    55  shall  be  given  an opportunity to be heard, provided that any order of
    56  the commission revoking or suspending any license or registration  shall

        S. 8308--C                         35                         A. 8808--C
 
     1  not  become  effective  until  fifteen days subsequent to the serving of
     2  notice thereof upon the licensee or registrant unless in the opinion  of
     3  the  commission  the continuance of the license or registration for such
     4  period  would  be  inimical to the public peace or safety. Such hearings
     5  shall be held in such manner and upon such notice as may  be  prescribed
     6  by  the  rules  of  the commission, but such notice shall be of not less
     7  than ten days and shall state the nature of the complaint.
     8    4. Pending the determination of such hearing pursuant  to  subdivision
     9  three  of this section, the commission may temporarily suspend a permit,
    10  license or registration until further order of the commission if in  the
    11  opinion  of  the  commission  the  continuance of the permit, license or
    12  registration for such period is inimical to the public peace or safety.
    13    (a) The commission may temporarily suspend a permit, license or regis-
    14  tration pursuant to the provisions of  this  subdivision  until  further
    15  order  of  the  commission  or final disposition of the underlying case,
    16  only where the permittee, licensee or registrant has been indicted  for,
    17  or  otherwise  charged  with, a crime which is equivalent to a felony in
    18  the state of New York or any crime punishable by death  or  imprisonment
    19  for  a  term  exceeding  three hundred sixty-four days or only where the
    20  permittee or licensee is a  security  officer  who  is  charged  by  the
    21  commission  pursuant  to  this  section  with misappropriating any other
    22  person's property at or on a pier or other waterfront terminal.
    23    (b) In the case of a permittee, licensee or registrant  who  has  been
    24  indicted  for, or otherwise charged with, a crime, the temporary suspen-
    25  sion shall terminate immediately upon acquittal or upon dismissal of the
    26  criminal charge, unless in the opinion of the commission the continuance
    27  of any such permit, license or registration is inimical  to  the  public
    28  peace or safety.
    29    (c)  A person whose permit, license or registration has been temporar-
    30  ily suspended may, at any time, demand that  the  commission  conduct  a
    31  hearing  as  provided  for  in  this  section. Within sixty days of such
    32  demand, the commission shall commence the  hearing  and,  within  thirty
    33  days of receipt of the administrative judge's report and recommendation,
    34  the  commission  shall  render  a final determination thereon; provided,
    35  however, that these time requirements, shall not apply for any period of
    36  delay caused or requested by the permittee, licensee or registrant. Upon
    37  failure of the commission to commence a hearing  or  render  a  determi-
    38  nation  within  the time limits prescribed herein, the temporary suspen-
    39  sion of the licensee or registrant shall immediately terminate. Notwith-
    40  standing any other provision of this subdivision, if a  federal,  state,
    41  or local law enforcement agency or prosecutor's office shall request the
    42  suspension or deferment of any hearing on the ground that such a hearing
    43  would obstruct or prejudice an investigation or prosecution, the commis-
    44  sion  may  in  its discretion, postpone or defer such hearing for a time
    45  certain or indefinitely. Any action by  the  commission  to  postpone  a
    46  hearing  shall  be  subject  to immediate judicial review as provided in
    47  subdivision seven of this section.
    48    (d) The commission may in addition, within  its  discretion,  bar  any
    49  permittee, licensee or registrant whose license or registration has been
    50  suspended  pursuant  to  this section, from any employment by a licensed
    51  stevedore or a carrier of freight by water during  the  period  of  such
    52  suspension, if the alleged crime that forms the basis of such suspension
    53  involves the possession with intent to distribute, sale, or distribution
    54  of   a   controlled   dangerous  substance  (controlled  substance),  or
    55  controlled dangerous substance  analog  (controlled  substance  analog),
    56  racketeering or theft from a pier or waterfront terminal.

        S. 8308--C                         36                         A. 8808--C

     1    5.  The  commission, or such officer, employee or agent of the commis-
     2  sion as may be designated by the commission for such purpose, shall have
     3  the power to issue subpoenas to compel the attendance of  witnesses  and
     4  the  giving of testimony or production of other evidence and to adminis-
     5  ter  oaths  in connection with any such hearing. It shall be the duty of
     6  the commission or of any officer, employee or agent  of  the  commission
     7  designated  by the commission for such purpose to issue subpoenas at the
     8  request of and upon behalf of the  licensee,  registrant  or  applicant.
     9  The  commission or such person conducting the hearing shall not be bound
    10  by common law or statutory rules of evidence or by technical  or  formal
    11  rules of procedure in the conduct of such hearing.
    12    6.  Upon the conclusion of the hearing, the commission shall take such
    13  action upon such findings and determination as it deems proper and shall
    14  execute an order carrying such findings into effect. The action  in  the
    15  case of an application for a license or registration shall be the grant-
    16  ing  or  denial  thereof.  The action in the case of a licensee shall be
    17  revocation of the license or suspension thereof for a  fixed  period  or
    18  reprimand  or  a  dismissal  of the charges. The action in the case of a
    19  registered longshore worker shall be dismissal of the charges, reprimand
    20  or removal from the longshore workers' register for a  fixed  period  or
    21  permanently.
    22    7.  The  action  of  the  commission  in denying any application for a
    23  license or in refusing to include any person in the  longshore  workers'
    24  register  under  this  act  or in suspending or revoking such license or
    25  removing any person from the longshore workers' register  or  in  repri-
    26  manding  a licensee or registrant shall be subject to judicial review by
    27  a proceeding instituted in this state at the instance of the  applicant,
    28  licensee or registrant in the manner provided by state law for review of
    29  the final decision or action of an agency of this state provided, howev-
    30  er, that notwithstanding any other provision of law the court shall have
    31  power  to  stay for not more than thirty days an order of the commission
    32  suspending or revoking a license or removing a longshore worker from the
    33  longshore workers' register.
    34    8. At hearings conducted by the commission pursuant to  this  section,
    35  applicants,  prospective licensees, licensees and registrants shall have
    36  the right to be accompanied and represented by counsel.
    37    9. After the conclusion of a hearing but prior to  the  making  of  an
    38  order  by  the  commission,  a  hearing  may,  upon  petition and in the
    39  discretion of the hearing officer, be reopened for the  presentation  of
    40  additional  evidence. Such petition to reopen the hearing shall state in
    41  detail the nature of the additional evidence, together with the  reasons
    42  for  the  failure to submit such evidence prior to the conclusion of the
    43  hearing. The commission may upon its  own  motion  and  upon  reasonable
    44  notice  reopen  a  hearing  for the presentation of additional evidence.
    45  Upon petition, after the making of an order of the commission, rehearing
    46  may be granted in the discretion of the commission. Such a petition  for
    47  rehearing  shall  state in detail the grounds upon which the petition is
    48  based and shall separately set forth each error of law and fact  alleged
    49  to  have been made by the commission in its determination, together with
    50  the facts and arguments in support thereof. Such petition shall be filed
    51  with the commission not later than thirty days  after  service  of  such
    52  order,  unless  the  commission  for  good  cause  shown shall otherwise
    53  direct.  The commission may upon its own motion grant a rehearing  after
    54  the making of an order.
    55    § 534-o. Employment  information  centers.  1.  The  commission  shall
    56  establish and maintain one or more employment information centers within

        S. 8308--C                         37                         A. 8808--C
 
     1  the port of New York district in this state at such locations as it  may
     2  determine.  No person shall, directly or indirectly, hire any person for
     3  work  as  a  longshore worker or security officer within the port of New
     4  York  district  in this state, except through such particular employment
     5  information center or centers as may be prescribed  by  the  commission.
     6  No  person shall accept any employment as a longshore worker or security
     7  officer within the port of New  York  district  in  this  state,  except
     8  through  such an employment information center.  At each such employment
     9  information center the commission shall keep and exhibit  the  longshore
    10  workers'  register  and  any other records it shall determine to the end
    11  that longshore workers and security  officers  shall  have  the  maximum
    12  information  as  to  available employment as such at any time within the
    13  port of New York district in this state and to the  end  that  employers
    14  shall  have an adequate opportunity to fill their requirements of regis-
    15  tered longshore workers and security officers at all times.
    16    2. Every employer of longshore workers or security officers within the
    17  port of New York district in this state shall furnish  such  information
    18  as  may  be  required  by  the  rules  and regulations prescribed by the
    19  commission with regard to the name of each person hired as  a  longshore
    20  worker  or  security  officer,  the  time and place of hiring, the time,
    21  place and hours of work, and the compensation therefor.
    22    § 534-p. Implementation of telecommunications hiring system for  long-
    23  shore  workers  and  checkers; registration of telecommunications system
    24  controller. 1. The commission may designate one of the employment infor-
    25  mation centers it is authorized to establish and maintain under  section
    26  five  hundred  thirty-four-o of this article for the implementation of a
    27  telecommunications hiring system through  which  longshore  workers  and
    28  checkers may be hired and accept employment without any personal appear-
    29  ance  at  said center.   Any such telecommunications hiring system shall
    30  incorporate hiring and seniority agreements  between  the  employers  of
    31  longshore  workers  and checkers and the labor organization representing
    32  longshore workers and checkers in the port of New York district in  this
    33  state,  provided said agreements are not in conflict with the provisions
    34  of the article.
    35    2. The commission shall permit employees of the association represent-
    36  ing employers of longshore workers and checkers and of the labor  organ-
    37  ization  representing  longshore workers and checkers in the port of New
    38  York district in this state, or of a joint board of such association and
    39  labor organization, to participate in the operation of said telecommuni-
    40  cations hiring system, provided that any such employee is registered  by
    41  the    commission as a "telecommunications system controller" in accord-
    42  ance with the provisions, standards and grounds set  forth  in  the  act
    43  with  respect to the registration of checkers.  No person shall act as a
    44  "telecommunications system controller" unless that person is  so  regis-
    45  tered.   Any application for such registration and any registration made
    46  or issued may be denied, revoked, or suspended, as the case may be, only
    47  in the manner prescribed in section five hundred thirty-four-n  of  this
    48  article.   Any and all such participation in the operation of said tele-
    49  communications hiring system shall be monitored by the commission.
    50    3. Any and  all  records,  documents,  tapes,  discs  and  other  data
    51  compiled,  collected  or  maintained  by  said association of employers,
    52  labor organization and joint board of such association and labor  organ-
    53  ization  pertaining  to  the  telecommunications  hiring system shall be
    54  available for inspection, investigation and duplication by  the  commis-
    55  sion.

        S. 8308--C                         38                         A. 8808--C

     1    § 534-q. Construction  of  act.  1. This act is not designed and shall
     2  not be construed to limit in any way any rights granted or derived  from
     3  any  other statute or any rule of law for employees to organize in labor
     4  organizations, to bargain collectively and to act in any other way indi-
     5  vidually,  collectively, and through labor organizations or other repre-
     6  sentatives of their own choosing.   Without limiting the  generality  of
     7  the foregoing, nothing contained in this act shall be construed to limit
     8  in any way the right of employees to strike.
     9    2. This act is not designed and shall not be construed to limit in any
    10  way any rights of longshore workers, hiring agents, pier superintendents
    11  or  security  officers  or  their  employers to bargain collectively and
    12  agree  upon any method for the selection of such  employees  by  way  of
    13  seniority,  experience,  regular  gangs or otherwise, provided that such
    14  employees shall be licensed or registered hereunder and  such  longshore
    15  workers and security officers shall be hired only through the employment
    16  information  centers established hereunder and that all other provisions
    17  of this act be observed.
    18    § 534-r. Certain solicitations  prohibited;  prohibition  against  the
    19  holding of union position by officers, agents or employees who have been
    20  convicted  of  certain  crimes and offenses. 1. No person shall solicit,
    21  collect or receive any dues,  assessments,  levies,  fines  or  contrib-
    22  utions,  or other charges within the state for or on behalf of any labor
    23  organization which represents employees registered or licensed  pursuant
    24  to  the  provisions  of this article or which derives its charter from a
    25  labor organization representing one hundred or more of  such  registered
    26  or  licensed  employees, if any officer, agent or employee of such labor
    27  organization, or of a welfare fund or trust  administered  partially  or
    28  entirely  by  such  labor  organization  or by trustees or other persons
    29  designated by such labor organization, has been convicted by a court  of
    30  the  United  States, or any state or territory thereof, of a felony, any
    31  misdemeanor involving moral turpitude or any crime or offense enumerated
    32  in paragraph (b) of subdivision three of section  five  hundred  thirty-
    33  four-j  of  this  article,  unless  such  person  has  been subsequently
    34  pardoned therefor by the governor or other appropriate authority of  the
    35  state or jurisdiction in which such conviction was had or has received a
    36  certificate  of  good  conduct  from the board of parole pursuant to the
    37  provisions of this chapter  to  remove  the  disability.  No  person  so
    38  convicted  shall  serve  as  an officer, agent or employee of such labor
    39  organization, welfare fund or trust  unless  such  person  has  been  so
    40  pardoned  or  has  received  a  certificate  of good conduct. No person,
    41  including such labor organization, welfare fund or trust, shall knowing-
    42  ly permit such convicted person to assume or hold any office, agency, or
    43  employment in violation of this section.
    44    2. As used in this section, the term "labor organization"  shall  mean
    45  and  include  any  organization  which exists and is constituted for the
    46  purpose in whole or in part of collective bargaining, or of dealing with
    47  employers concerning grievances, terms and conditions of employment,  or
    48  of  other  mutual aid or   protection; but it shall not include a feder-
    49  ation or congress of labor organizations  organized  on  a  national  or
    50  international  basis  even though one of its constituent labor organiza-
    51  tions may represent persons so registered or licensed.
    52    3. Any person who shall violate this section  shall  be  guilty  of  a
    53  misdemeanor  punishable  by a fine of not more than five hundred dollars
    54  or imprisonment for not more than  three  hundred  sixty-four  days,  or
    55  both.

        S. 8308--C                         39                         A. 8808--C
 
     1    4.  If  upon application to the commission by an employee who has been
     2  convicted of a crime or offense specified in  subdivision  one  of  this
     3  section  the  commission, in its discretion, determines in an order that
     4  it would not be contrary to the purposes and objectives of this act  for
     5  such  employee  to work in a particular employment for a labor organiza-
     6  tion, welfare fund or  trust  within  the  meaning of subdivision two of
     7  this section, the provisions of subdivision two of  this  section  shall
     8  not  apply to the particular employment of such employee with respect to
     9  such conviction or convictions as  are  specified  in  the  commission's
    10  order.  This section is applicable only to those employees who for wages
    11  or salary perform manual, mechanical, or physical work of a  routine  or
    12  clerical  nature at the premises of the labor organization, welfare fund
    13  or trust by which they are employed.
    14    5. No person who has been convicted of a crime or offense specified in
    15  subdivision one of this section shall directly or indirectly serve as an
    16  officer, agent or employee of a  labor  organization,  welfare  fund  or
    17  trust  unless  such person has been subsequently pardoned for such crime
    18  or offense by the governor or other appropriate authority of  the  state
    19  or  jurisdiction  in  which  such  conviction  was had or has received a
    20  certificate of good conduct or other relief  from  disabilities  arising
    21  from  the fact of conviction from a board of parole or similar authority
    22  or has received pursuant to subdivision one of this section an order  of
    23  exception  from the commission.   No person, including a labor organiza-
    24  tion, welfare fund or trust within the meaning  of  subdivision  one  of
    25  this  section, shall knowingly permit any other person to assume or hold
    26  any office, agency or employment in violation of this section.
    27    6. The commission may maintain a  civil  action  against  any  person,
    28  labor  organization, welfare fund or trust or officers thereof to compel
    29  compliance with this section, or to prevent any violations,  the  aiding
    30  and  abetting  thereof,  or  any  attempt  or conspiracy to violate this
    31  section, either by mandamus, injunction or  action  and  upon  a  proper
    32  showing  a  temporary  restraining  order or other appropriate temporary
    33  order shall be granted ex parte and without bond pending  final  hearing
    34  and determination. Nothing in this section shall be construed to modify,
    35  limit  or  restrict in any way the provisions of subdivision one of this
    36  section.
    37    § 534-s. General violations; prosecutions; penalties. 1.  The  failure
    38  of  any  witness,  when  duly  subpoenaed  to  attend, give testimony or
    39  produce other evidence, whether or not at a hearing, shall be punishable
    40  by the supreme court in New York in the same manner as said  failure  is
    41  punishable by such court in a case therein pending.
    42    2.  Any person who, having been duly sworn or affirmed as a witness in
    43  any such hearing, shall willfully give  false  testimony  or  who  shall
    44  willfully  make  or  file  any  false  or fraudulent report or statement
    45  required by this article to be made or filed under oath, shall be guilty
    46  of a misdemeanor, punishable by a fine of not  more  than  one  thousand
    47  dollars or imprisonment for not more than three hundred sixty-four days,
    48  or both.
    49    3.  Any person who, having been duly sworn or affirmed as a witness in
    50  any investigation,  interview  or  other  proceeding  conducted  by  the
    51  commission  pursuant  to the provisions of this article, shall willfully
    52  give false testimony shall be guilty of a misdemeanor, punishable  by  a
    53  fine  of not more than one thousand dollars or imprisonment for not more
    54  than three hundred sixty-four days, or both.
    55    4. The commission may maintain a civil action on behalf of  the  state
    56  against any person who violates or attempts or conspires to violate this

        S. 8308--C                         40                         A. 8808--C

     1  section  or  who  fails,  omits, or neglects to obey, observe, or comply
     2  with any order or direction of the commission, to recover a judgment for
     3  a money penalty not exceeding five hundred dollars for  each  and  every
     4  offense.    Every  violation  of any such provision, order or direction,
     5  shall be a separate and distinct offense, and, in case of  a  continuing
     6  violation,  every day's continuance shall be and be deemed to be a sepa-
     7  rate and distinct offense.   Any  such  action  may  be  compromised  or
     8  discontinued  on  application  of  the commission upon such terms as the
     9  court may approve and a judgment may be rendered for an amount less than
    10  the amount demanded in the complaint as justice may require.
    11    5. The commission may maintain a civil action against  any  person  to
    12  compel  compliance  with any of the provisions of this act or to prevent
    13  violations, attempts or conspiracies to violate any such provisions,  or
    14  interference,  attempts  or conspiracies to interfere with or impede the
    15  enforcement of any such provisions or the exercise  performance  of  any
    16  power or duty thereunder,  either by mandamus, injunction or action.
    17    6.  Any  person  who  violates or attempts or conspires to violate any
    18  other provision of this  article  shall  be  guilty  of  a  misdemeanor,
    19  punishable  by a fine of not more than five hundred dollars or by impri-
    20  sonment for not more than three hundred sixty-four days, or both.
    21    7. Any person who interferes with or impedes the orderly  registration
    22  of  longshore  workers  pursuant  to  this  act  or  who conspires to or
    23  attempts to interfere with or impede such registration shall  be  guilty
    24  of  a  misdemeanor,  punishable  by a fine of not more than five hundred
    25  dollars or by imprisonment for not more than  three  hundred  sixty-four
    26  days, or both.
    27    8.  Any  person  who  directly  or indirectly inflicts or threatens to
    28  inflict any injury, damage, harm or loss or in  any other  manner  prac-
    29  tices  intimidation  upon  or  against  any person in order to induce or
    30  compel such person or any  other  person  to  refrain  from  registering
    31  pursuant  to  this act shall be guilty of a misdemeanor, punishable by a
    32  fine of not more than five hundred dollars or by  imprisonment  for  not
    33  more than three hundred sixty-four days, or both.
    34    9.  Any person who shall violate any of the provisions of this article
    35  or of section five hundred thirty-four-x of this article  for  which  no
    36  other  penalty is  prescribed shall be guilty of a misdemeanor, punisha-
    37  ble by a fine of not  more than five hundred dollars or by  imprisonment
    38  for not more than three hundred sixty-four days, or both.
    39    10.  No  person shall, without a satisfactory explanation, loiter upon
    40  any vessel, dock, wharf, pier, bulkhead, terminal, warehouse,  or  other
    41  waterfront  facility or within five hundred feet thereof in that portion
    42  of the port of New York district within the state of New York.
    43    11. Any person who, without justification or excuse in  law,  directly
    44  or indirectly intimidates or  inflicts any injury, damage, harm, loss or
    45  economic  reprisal upon any person licensed or registered by the commis-
    46  sion, or any other person, or  attempts, conspires or  threatens  so  to
    47  do,  in  order  to interfere with,  impede or influence such licensed or
    48  registered person in the performance or discharge of the person's duties
    49  or obligations shall be punishable as provided in subdivision  three  of
    50  section five hundred thirty-four-r    of this article.
    51    12. In any prosecution under this act, it shall be sufficient to prove
    52  only  a single act or a single holding out or attempt prohibited by law,
    53  without having to prove a general course of conduct, in order to prove a
    54  violation.

        S. 8308--C                         41                         A. 8808--C
 
     1    § 534-t. Denial of applications. In addition to the grounds  elsewhere
     2  set  forth in this article, the commission may deny an application for a
     3  license or registration for any of the following:
     4    1. Conviction by a court of the United States or any state or territo-
     5  ry thereof of coercion;
     6    2.  Conviction  by  any  such  court,  after  having  been  previously
     7  convicted by any such court of any crime or of the offenses set forth in
     8  this article, of  a  misdemeanor  or  any  of  the  following  offenses:
     9  assault,  malicious  injury  to  property,  malicious mischief, unlawful
    10  taking of a motor vehicle, corruption  of  employees  or  possession  of
    11  lottery or number slips;
    12    3.  Fraud, deceit or misrepresentation in connection with any applica-
    13  tion or petition submitted to, or any interview, hearing  or  proceeding
    14  conducted by the commission;
    15    4. Violation of any provision of this act or commission of any offense
    16  under this article;
    17    5.  Refusal  on the part of any applicant, or prospective licensee, or
    18  of any member, officer or stockholder required  by  subdivision  two  of
    19  section five hundred thirty-four-g of this article to sign or be identi-
    20  fied  in an application for a  stevedore license, to answer any material
    21  question or  produce  any  material  evidence  in  connection  with  the
    22  person's application or any application  made on the person's behalf for
    23  a license or registration pursuant to this article;
    24    6.  Association  with  a  person who has been identified by a federal,
    25  state, or local law enforcement agency as a member or  associate  of  an
    26  organized  crime  group, a terrorist group, or a career offender cartel,
    27  or who is a career offender, under circumstances where such  association
    28  creates  a  reasonable belief that the participation of the applicant in
    29  any activity required to be licensed under this article would be  inimi-
    30  cal  to    the policies of this article, provided, however, that associ-
    31  ation without the requisite showing of inimicality as set  forth  herein
    32  shall be insufficient grounds for denial; or
    33    7. Conviction of a racketeering activity or knowing association with a
    34  person  who  has been convicted of a racketeering activity by a court of
    35  the United States or any state or territory thereof under  circumstances
    36  where  such  association  creates  a  reasonable belief that the partic-
    37  ipation of the applicant in any activity required to be  licensed  under
    38  this  article  would  be  inimical  to  the  policies  of  this article,
    39  provided, however, that association without  the  requisite  showing  of
    40  inimicality  as  set  forth  herein  shall  be  insufficient grounds for
    41  denial.
    42    § 534-u. Revocation of licenses and registrations. In addition to  the
    43  grounds elsewhere set forth in this article, any license or registration
    44  issued  or  made  pursuant  thereto may be revoked or suspended for such
    45  period as the commission deems in the public interest or the licensee or
    46  registrant may be reprimanded, for:
    47    1. Conviction of any crime or offense in relation to gambling  if  the
    48  crime  or  offense  was  committed  at  or on a pier or other waterfront
    49  terminal or within five hundred feet thereof;
    50    2. Willful commission of, or willful attempt to  commit  at  or  on  a
    51  waterfront  terminal  or adjacent highway, any act of physical injury to
    52  any other person or of willful damage  to  or  misappropriation  of  any
    53  other person's property, unless justified or excused by law;
    54    3.  Receipt or solicitation of anything of value from any person other
    55  than a licensee's or registrant's  employer  as  consideration  for  the
    56  selection or retention for employment of such licensee or registrant;

        S. 8308--C                         42                         A. 8808--C
 
     1    4.  Coercion  of a licensee or registrant to make purchases from or to
     2  utilize the services of any person;
     3    5.  Refusal  to  answer  any material question or produce any evidence
     4  lawfully required to be  answered  or  produced  at  any  investigation,
     5  interview  or  other  proceeding conducted by the commission pursuant to
     6  the provisions of this act, or, if such  refusal  is  accompanied  by  a
     7  valid  plea  of privilege against self-incrimination, refusal to obey an
     8  order to answer such question or  produce  such  evidence  made  by  the
     9  commission pursuant to the provisions of subdivision one of section five
    10  hundred thirty-four-v of this article;
    11    6.  Association  with  a  person who has been identified by a federal,
    12  state, or local law enforcement agency as a member or  associate  of  an
    13  organized  crime  group, a terrorist group, or a career offender cartel,
    14  or who is a career offender, under circumstances where such  association
    15  creates  a  reasonable belief that the participation of the applicant in
    16  any activity required to be licensed under this act would be inimical to
    17  the policies of this article, provided however that association  without
    18  the requisite showing of inimicality as set forth herein shall be insuf-
    19  ficient grounds for revocation; or
    20    7. Conviction of a racketeering activity or knowing association with a
    21  person  who  has been convicted of a racketeering activity by a court of
    22  the United States or any state or territory thereof under  circumstances
    23  where  such  association  creates  a  reasonable belief that the partic-
    24  ipation of the applicant in any activity required to be  licensed  under
    25  this  act  would  be inimical to the policies of this article, provided,
    26  however, that association without the requisite showing  of  inimicality
    27  as set forth herein shall be insufficient grounds for revocation.
    28    § 534-v. Refusal  to answer question, immunity; prosecution. 1. In any
    29  investigation, interview or other proceeding conducted under oath by the
    30  commission or any duly authorized officer, employee or agent thereof, if
    31  a person refuses to answer a question or produce evidence of  any  other
    32  kind  on  the  ground  that the person may be incriminated thereby, and,
    33  notwithstanding such refusal, an order is made upon  twenty-four  hours'
    34  prior  written  notice to the attorney general of the state of New York,
    35  and to the appropriate district attorney or prosecutor having  an  offi-
    36  cial  interest  therein,  by  the  commissioner or by the commissioner's
    37  designees appointed pursuant to the provisions of subdivision  three  of
    38  section  five  hundred  thirty-four-c  of this article, that such person
    39  answer the question or produce the evidence, such  person  shall  comply
    40  with the order.  If such person complies with the order, and if, but for
    41  this  subdivision,  would  have  been  privileged to withhold the answer
    42  given or the evidence produced by the person,  then  immunity  shall  be
    43  conferred  upon the person, as provided for in this section.  "Immunity"
    44  as used in this subdivision means that such person shall not  be  prose-
    45  cuted or subjected to any penalty or forfeiture for or on account of any
    46  transaction,  matter  or  thing concerning which, in accordance with the
    47  order by the commission or the commissioner's designees appointed pursu-
    48  ant to the provisions of subdivision three of section five hundred thir-
    49  ty-four-c of this article, such person gave answer or produced evidence,
    50  and that no such answer given or evidence  produced  shall  be  received
    51  against  the  person  upon any criminal proceeding.   But the person may
    52  nevertheless be prosecuted or subjected to penalty or forfeiture for any
    53  perjury or contempt committed in answering, or failing to answer, or  in
    54  producing  or failing to produce evidence, in accordance with the order,
    55  and any such answer given  or  evidence  produced  shall  be  admissible
    56  against  the person upon any criminal proceeding concerning such perjury

        S. 8308--C                         43                         A. 8808--C
 
     1  or contempt.  Immunity shall not be conferred upon any person except  in
     2  accordance  with  the provisions of this subdivision.  If, after compli-
     3  ance with the provisions of this subdivision, a  person  is  ordered  to
     4  answer  a  question  or  produce evidence of any other kind and complies
     5  with such order, and it  is  thereafter  determined  that  the  attorney
     6  general  or  appropriate district attorney or prosecutor having an offi-
     7  cial interest therein not notified, such failure or  neglect  shall  not
     8  deprive  such  person  of any immunity otherwise properly conferred upon
     9  the person.
    10    2. If a person, in obedience to a subpoena  directing  the  person  to
    11  attend and testify, comes into this state from another state, the person
    12  shall  not, while in this state pursuant to such subpoena, be subject to
    13  arrest or the service of process, civil or criminal, in connection  with
    14  matters  which  arose before the person's entrance into this state under
    15  the subpoena.
    16    § 534-w. Annual preparation of a budget request  and  assessments.  1.
    17  The  commission  shall  annually submit a budget request, which shall be
    18  submitted to the director of the budget in such form as the director may
    19  require.
    20    2. After taking into account such  funds  as  may  be  available,  the
    21  balance  of  the  commission's  budgeted expenses shall be assessed upon
    22  employers of persons registered or licensed under this act.   Each  such
    23  employer  shall  pay  an  assessment  computed  upon  the  gross payroll
    24  payments made by such employer to longshore  workers,  pier  superinten-
    25  dents,  hiring  agents and security officers for work or labor performed
    26  within the port of New York district in this state, at a  rate,  not  in
    27  excess  of  two  per  cent,  computed by the commission in the following
    28  manner:  the  commission  shall  annually  estimate  the  gross  payroll
    29  payments to be made by employers subject to assessment and shall compute
    30  a  rate  thereon  which  will  yield  revenues sufficient to finance the
    31  commission's budget for each year.   Such budget  to  be  assessed  upon
    32  employers  may  include a reasonable amount not to exceed ten percent of
    33  the total of all other items of  expenditure  contained  therein,  which
    34  shall  be  allocated  to  an  applicable  fund balance to be held in the
    35  commission's employers assessment account.
    36    3. The commission may provide by regulation  for  the  collection  and
    37  auditing  of assessments.  Such assessments shall be payable pursuant to
    38  such provisions for administration, collection and   enforcement as  the
    39  state  may  provide  by legislation.   In addition to any other sanction
    40  provided by law, the commission may revoke or suspend any  license  held
    41  by any person under this article, or the person's privilege of employing
    42  persons registered or licensed hereunder, for non-payment of any assess-
    43  ment when due.
    44    4.  The  assessment  pursuant  to this section shall be in lieu of any
    45  other charge for the issuance of licenses  to  stevedores,  pier  super-
    46  intendents,  hiring agents and security officers or for the registration
    47  of longshore workers or the use of  an  employment  information  center.
    48  The  commission  shall establish reasonable procedures for the consider-
    49  ation of protests by affected employers  concerning  the  estimates  and
    50  computation of the rate of assessment.
    51    § 534-x. Payment  of  assessment.  1.  Every  person  subject  to  the
    52  payment of any assessment under the provisions of section  five  hundred
    53  thirty-four-w  of this article shall file on or before the fifteenth day
    54  of the first month of each  calendar  quarter-year  a  separate  return,
    55  together  with  the  payment  of  the  assessment due, for the preceding
    56  calendar quarter-year during which any payroll  payments  were  made  to

        S. 8308--C                         44                         A. 8808--C
 
     1  longshore workers, pier superintendents, hiring agents or security offi-
     2  cers  for work performed as such within the port of New York district in
     3  this state.  Returns covering the amount of assessment payable shall  be
     4  filed  with the commission on forms to be furnished for such purpose and
     5  shall contain such data, information or matter  as  the  commission  may
     6  require  to  be included therein.  The commission may grant a reasonable
     7  extension of time for filing returns, or for the payment of  assessment,
     8  whenever  good  cause exists.  Every return shall have annexed thereto a
     9  certification to the effect that the statements  contained  therein  are
    10  true.
    11    2.  Every  person subject to the payment of assessment hereunder shall
    12  keep an accurate record of that person's employment of  longshore  work-
    13  ers,  pier  superintendents,  hiring  agents or security officers, which
    14  shall show the amount of compensation paid and such other information as
    15  the commission may require.  Such records shall be preserved for a peri-
    16  od of three years and be open for inspection at reasonable times.    The
    17  commission  may  consent  to  the destruction of any such records at any
    18  time after said period or may require that they be kept longer, but  not
    19  in excess of six years.
    20    3.  (a) The commission shall audit and determine the amount of assess-
    21  ment due from the return filed and such other information as  is  avail-
    22  able  to  it.  Whenever  a  deficiency  in  payment of the assessment is
    23  determined the commission shall give notice of any such determination to
    24  the person liable therefor. Such determination shall finally and conclu-
    25  sively fix the amount due, unless the person against whom it is assessed
    26  shall, within thirty days after the giving of notice  of  such  determi-
    27  nation,  apply in writing to the commission for a hearing, or unless the
    28  commission on its own motion shall reduce the same.  After such hearing,
    29  the commission shall give notice of its decision to  the  person  liable
    30  therefor.  A determination of the commission under this section shall be
    31  subject to judicial review, if application for such review is made with-
    32  in thirty days after the giving of notice of such decision.   Any deter-
    33  mination under this section shall be made within  five  years  from  the
    34  time  the return was filed and if no return was filed such determination
    35  may be made at any time.
    36    (b) Any notice authorized or required under this section may be  given
    37  by  mailing  the  same to the person for whom it is intended at the last
    38  address given by that person to the commission, or in  the  last  return
    39  filed  by  that person with the commission under this section, or, if no
    40  return has been filed then to such address as may be obtainable.     The
    41  mailing  of  such notice shall be presumptive evidence of the receipt of
    42  same by the person to whom addressed.   Any period  of  time,  which  is
    43  determined  according  to the provisions of this section, for the giving
    44  of notice shall commence to run from the date of mailing of such notice.
    45    4. Whenever any person shall fail to  pay,  within  the  time  limited
    46  herein,  any  assessment  which  the  person  is  required to pay to the
    47  commission under the provisions  of  this  section  the  commission  may
    48  enforce  payment  of  such  fee  by  civil action for the amount of such
    49  assessment with interest and penalties.
    50    5. The employment by  a  nonresident  of  a  longshore  worker,  or  a
    51  licensed  pier  superintendent, hiring agent or security officer in this
    52  state or the designation by a nonresident of a  longshore  worker,  pier
    53  superintendent, hiring agent or security officer to perform work in this
    54  state  shall  be deemed equivalent to an appointment by such nonresident
    55  of the secretary of state to be the nonresident's true and lawful attor-
    56  ney upon whom may be served the process  in  any  action  or  proceeding

        S. 8308--C                         45                         A. 8808--C

     1  against  the  nonresident growing  out of any liability for assessments,
     2  penalties or interest, and a  consent that any such process against  the
     3  nonresident  which  is  so  served  shall be of the same legal force and
     4  validity  as if served personally within the state and within the terri-
     5  torial jurisdiction of the court from which the process issues.  Service
     6  of process within this state shall  be made by either:
     7    (a) personally delivering to and leaving with the secretary  of  state
     8  duplicate  copies  thereof  at the office of the department of state, in
     9  which event the secretary of state shall forthwith  send  by  registered
    10  mail one of such copies to the person at  the last address designated by
    11  the  person  to the commission for any purpose  under this section or in
    12  the last return filed by the person under this section  with the commis-
    13  sion or as shown on the records of the commission, or if no  return  has
    14  been  filed, at the person's last known office address within or outside
    15  of the state; or
    16    (b) personally delivering to and leaving with the secretary of state a
    17  copy thereof at the office of the department of state and by  delivering
    18  a copy thereof to the person, personally outside of the state.  Proof of
    19  such  personal  service  outside  of the state   shall be filed with the
    20  clerk of the court in which the process is pending  within  thirty  days
    21  after  such  service  and  such service shall be complete ten days after
    22  proof thereof is filed.
    23    6. Whenever the commission shall determine that any moneys received as
    24  assessments were paid in error, it may cause the same  to  be  refunded,
    25  provided an application therefor is filed with the commission within two
    26  years from the time the erroneous payment was made.
    27    7.  In  addition to any other powers authorized hereunder, the commis-
    28  sion shall have power to promulgate reasonable rules and regulations  to
    29  effectuate the purposes of this section.
    30    8. Any person who shall willfully fail to pay any assessment due here-
    31  under,  shall be assessed interest at a rate of one percent per month on
    32  the amount due and unpaid and penalties of five percent of the    amount
    33  due  for  each  thirty  days or part thereof that the assessment remains
    34  unpaid.  The commission, may, for good cause shown, abate all or part of
    35  such penalty.
    36    9. Any person who shall willfully furnish false or fraudulent informa-
    37  tion or shall  willfully  fail  to  furnish  pertinent  information,  as
    38  required,  with respect to the amount of assessment due, shall be guilty
    39  of a misdemeanor, punishable by a fine of not  more  than  one  thousand
    40  dollars,  or  imprisonment  for  not  more than three hundred sixty-four
    41  days, or both.
    42    10. All funds of the commission received as payment of any  assessment
    43  or  penalty under this section shall be deposited  with the comptroller.
    44  The comptroller may require that all such deposits be  secured by  obli-
    45  gations  of  the  United States or of the state of New York  of a market
    46  value equal at all times to the amount of the deposits,  and  all  banks
    47  and  trust  companies  are  authorized  to give such   security for such
    48  deposits.
    49    11. The commission shall reimburse the state for any funds advanced to
    50  the commission exclusive of sums appropriated pursuant to  section  five
    51  hundred thirty-four-w of this article.
    52    § 534-y. Transfer  of  officers, employees. 1. Any officer or employee
    53  in  the  state,  county  or municipal civil service in either state  who
    54  shall  transfer to  service with the commission may be given one or more
    55  leaves  of  absence  without  pay  and   may, before the  expiration  of
    56  such  leave  or  leaves of   absence, and without further examination or

        S. 8308--C                         46                         A. 8808--C
 
     1  qualification, return to the person's  former position or  be  certified
     2  by the appropriate civil service  agency  for  retransfer  to  a  compa-
     3  rable  position   in  such state, county, or  municipal civil service if
     4  such a position is then available.
     5    2. The commission may, by agreement with any federal agency from which
     6  any  officer  or employee   may transfer to service with the commission,
     7  make similar provision for the retransfer of such officer or employee to
     8  such federal agency.
     9    3. Any officer or employee in the state, county or  municipal  service
    10  in  New York state who shall transfer to service with the commission and
    11  who is a  member  of the New York state  and  local  retirement  system,
    12  shall  continue  to  have all rights, privileges, obligations and status
    13  with respect to such system as provided under the retirement and  social
    14  security law.
    15    §  534-z.  Annual  report.  1.  The  commission shall submit an annual
    16  report to the governor, the speaker of the assembly, and  the  temporary
    17  president  of the senate on or before the first day of September of each
    18  year detailing the previous fiscal year. The commission shall post  such
    19  report  on  its website upon the submission to the officials outlined in
    20  this section.
    21    2. Such report shall include, but not be limited to:
    22    (a) the status of waterfront practices and operations covered by  this
    23  act;
    24    (b)  any legislative recommendations in furtherance of the purposes of
    25  this act;
    26    (c) a detailed fiscal summary, including but not limited to:  (i)  the
    27  financial  condition  of  the  commission  at  the end of such preceding
    28  fiscal year; (ii) a detailed list of  any  bonds  entered  into  by  the
    29  commission;  and  (iii)  revenues  received by the commission, including
    30  employer assessments pursuant to section five hundred  thirty-four-d  of
    31  this article;
    32    (d)  an  overview of waterfront labor in the port of New York district
    33  in this state, including but not limited to: (i)  the  total  number  of
    34  pier  superintendents,  hiring agents, security officers, and stevedores
    35  by title; (ii) the number of pier superintendent, hiring agent, security
    36  officer, and stevedore applications received by title; (iii) the  number
    37  of  pier  superintendent,  hiring  agent, security officer and stevedore
    38  licenses issued by title; (iv) the number of pier superintendent, hiring
    39  agent, security officer, and stevedore applications denied,  respective-
    40  ly, and the reasons for such denial by title; (v) the number of licenses
    41  revoked  and  the reasons for such revocation by title; (vi) the average
    42  length of time for the commission  to  issue  a  determination  on  pier
    43  superintendent,  hiring  agent,  security officer and stevedore applica-
    44  tions by title; (vii) the total number of longshore workers in the long-
    45  shore workers' register; (viii) the number of longshore worker  applica-
    46  tions  received;  (ix)  the  number  of  longshore  worker registrations
    47  issued; (x) the number of longshore worker applications denied  and  the
    48  reasons  for  such  denial; (xi) the number of longshore workers removed
    49  from the register and reasons therefor; and (xii) the average length  of
    50  time  for  the  commission  to issue a determination on longshore worker
    51  applications;
    52    (e) a detailed summary of commission  operations  including,  but  not
    53  limited  to:  (i)  the number and allocated percentage of sworn investi-
    54  gators employed  by  the  commission;  (ii)  the  number  and  allocated
    55  percentage  of  administrative staff who solely performed administrative
    56  work during the preceding fiscal year; (iii) the  number  and  allocated

        S. 8308--C                         47                         A. 8808--C
 
     1  percentage of staff which performed work related to the hiring and back-
     2  grounding  of  the  port  workforce; (iv) the number of cases or actions
     3  conducted by the commission during the preceding fiscal year; and (v)  a
     4  summary of the commission's accomplishments; and
     5    (f) any other information relating to the purposes of this act.
     6    3.  Nothing in this section shall be read to require the disclosure of
     7  personally identifiable information pertaining to any applicant nor  the
     8  disclosure of any information regarding ongoing criminal investigations.
     9    §  3.  Paragraphs (h) and (k) of subdivision 34 of section 1.20 of the
    10  criminal procedure law, as amended by chapter 187 of the laws  of  2023,
    11  are amended to read as follows:
    12    (h)  An investigator employed by the New York Waterfront Commission or
    13  a commission created by an interstate compact[, or  by  section  six  of
    14  chapter  eight hundred eighty-two of the laws of nineteen hundred fifty-
    15  three, constituting the waterfront commission act, as amended,] who  is,
    16  to a substantial extent, engaged in the enforcement of the criminal laws
    17  of this state;
    18    (k)  A sworn officer of the New York Waterfront Commission or a police
    19  force of a public authority created by an  interstate  compact[,  or  by
    20  section  six of chapter eight hundred eighty-two of the laws of nineteen
    21  hundred fifty-three, constituting  the  waterfront  commission  act,  as
    22  amended,] where such force is certified in accordance with paragraph (d)
    23  of subdivision one of section eight hundred forty-six-h of the executive
    24  law;
    25    §  4. Subdivision 34 of section 2.10 of the criminal procedure law, as
    26  added by chapter 843 of the laws of 1980, is amended to read as follows:
    27    34. New York  Waterfront  [and  airport]  investigators,  pursuant  to
    28  [subdivision  four  of  section ninety-nine hundred six of the unconsol-
    29  idated laws] article nineteen-I of the executive law; provided, however,
    30  that nothing in this subdivision shall be deemed to authorize such offi-
    31  cer to carry, possess, repair or dispose of a firearm unless the  appro-
    32  priate  license  therefor  has been issued pursuant to section 400.00 of
    33  the penal law.
    34    § 5. Paragraph k of subdivision 11 of section 302  of  the  retirement
    35  and social security law, as added by chapter 187 of the laws of 2023, is
    36  amended to read as follows:
    37    k.  Service as an investigator or sworn officer of the New York Water-
    38  front Commission or the waterfront commission of New York harbor [or the
    39  commission created by section six of chapter eight hundred eighty-two of
    40  the laws of nineteen hundred fifty-three,  constituting  the  waterfront
    41  commission act, as amended].
    42    § 6. Subdivision a and subparagraph (ii) of paragraph 1 of subdivision
    43  c of section 381-b of the retirement and social security law, as amended
    44  by chapter 187 of the laws of 2023, are amended to read as follows:
    45    a. Membership. Every member or officer of the division of state police
    46  in the executive department who enters or re-enters service in the divi-
    47  sion  on  or  after  April first, nineteen hundred sixty-nine, and every
    48  investigator or sworn officer employed  by  the  commission  created  by
    49  section  six of chapter eight hundred eighty-two of the laws of nineteen
    50  hundred fifty-three, constituting  the  waterfront  commission  act,  as
    51  amended,  on  or  after July first, two thousand twenty-three, and every
    52  investigator or sworn  officer  employed  by  the  New  York  Waterfront
    53  Commission   in  the  executive  department  shall  be  covered  by  the
    54  provisions of this section, and every member or officer of the  division
    55  of state police in the executive department in such service on such date
    56  may  elect  to be covered by the provisions of this section by filing an

        S. 8308--C                         48                         A. 8808--C
 
     1  election therefor with the comptroller on or before March  thirty-first,
     2  nineteen  hundred  seventy-two.  To  be effective, such election must be
     3  duly executed and acknowledged on a form prepared by the comptroller for
     4  that purpose.
     5    (ii)  for  service rendered as an investigator or sworn officer of the
     6  waterfront commission of New York harbor, [and] for service rendered  as
     7  an  investigator or sworn officer of the New York Waterfront Commission,
     8  for service  rendered  as  an  investigator-trainee  of  the  waterfront
     9  commission of New York harbor, and for service rendered as an investiga-
    10  tor-trainee  of  the New York Waterfront Commission, that was creditable
    11  under subdivision w of section three hundred eighty-four-d of this arti-
    12  cle; and
    13    § 7. Subdivision w of section 384-d of the retirement and social secu-
    14  rity law, as added by chapter 407 of the laws of  2000,  is  amended  to
    15  read as follows:
    16    w.  Notwithstanding  any  other  provision of law to the contrary, any
    17  member of the New York state and local police and fire retirement system
    18  who was a member of the New York state and local  employees'  retirement
    19  system  while employed as an investigator-trainee, Waterfront Commission
    20  of New York Harbor or the New York Waterfront Commission, which [is] are
    21  not deemed to be police service, who [is] are employed by the  New  York
    22  Waterfront  Commission [of New York Harbor], which is an employer elect-
    23  ing to participate in the optional twenty year retirement plan  pursuant
    24  to this section shall be deemed to have provided police service while so
    25  employed by the Waterfront Commission of New York Harbor or the New York
    26  Waterfront  Commission  and  shall receive creditable service in the New
    27  York state and local police and fire retirement system for prior credit-
    28  able service in the New  York  state  and  local  employees'  retirement
    29  system  earned  while employed as an investigator-trainee and shall have
    30  the period of such prior service credit counted as  police  service  for
    31  the  purpose  of  determining the amount of their pension and retirement
    32  allowance and period of service needed for retirement.
    33    § 8. Paragraph (c) of subdivision 1 of section 5 of the  tax  law,  as
    34  added by chapter 295 of the laws of 1987, is amended to read as follows:
    35    (c)  "State  agency" shall mean the state of New York, any department,
    36  board, bureau, commission, division, office, council or agency  thereof,
    37  a public authority or a public benefit corporation. "State agency" shall
    38  also include the New York Waterfront Commission.
    39    §  8-a. Paragraph (c) of subdivision 1 of section 5 of the tax law, as
    40  amended by chapter 170 of the laws  of  1994,  is  amended  to  read  as
    41  follows:
    42    (c)  "Covered  agency" shall mean the state of New York, any county of
    43  the state of New York, any department, board, bureau, commission,  divi-
    44  sion,  office,  council  or  agency  of  the state or any such county, a
    45  public authority, a public benefit corporation, the  port  authority  of
    46  New York and New Jersey or the waterfront commission of New York harbor.
    47  When  a  county is wholly included within a city, then the term "county"
    48  shall be read to include the city. "Covered agency" shall  also  include
    49  the New York Waterfront Commission.
    50    § 9. Paragraph 8 of subdivision (c) of section 1105 of the tax law, as
    51  added by chapter 190 of the laws of 1990, is amended to read as follows:
    52    (8)  Protective and detective services, including, but not limited to,
    53  all services provided by or through alarm or protective systems of every
    54  nature, including, but not  limited  to,  protection  against  burglary,
    55  theft,  fire, water damage or any malfunction of industrial processes or
    56  any other malfunction of or damage to property  or  injury  to  persons,

        S. 8308--C                         49                         A. 8808--C
 
     1  detective  agencies,  armored car services and guard, patrol and [watch-
     2  man] security services of every nature other  than  the  performance  of
     3  such  services by a [port watchman] security officer licensed by the New
     4  York  Waterfront  Commission  or  the  waterfront commission of New York
     5  harbor, whether or not tangible  personal  property  is  transferred  in
     6  conjunction therewith.
     7    §  10. This act shall take effect June 30, 2024; provided that section
     8  eight-a of this act shall take effect upon the enactment into law by the
     9  state of New Jersey of legislation having an identical effect with  this
    10  act in accordance with chapter 598 of the laws of 1988, but if the state
    11  of  New  Jersey  shall  have  already enacted such legislation, this act
    12  shall take effect immediately.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would create the New York Waterfront Commission  and  revise
        the  Retirement and Social Security Law to make permanent the changes of
        Chapter 187 Laws of 2023, which added the  titles  of  investigator  and
        sworn  officer  employed  by the Waterfront Commission Act, to the defi-
        nition of membership in Section  381-b  including  making  such  service
        creditable  under  RSSL §381-b, and further expand creditable service to
        include service as an investigator-trainee.
          If this bill is enacted during the 2024 Legislative Session, we do not
        anticipate any additional cost to the State of New York or  the  partic-
        ipating  employers  in  the  New  York  State  and Local Police and Fire
        Retirement System.
          To the extent that new members gain coverage under  Section  381-b  of
        the  RSSL, we anticipate a contribution of 26.4% of salary paid to newly
        eligible members for the fiscal year ending March 31,  2025.  In  future
        years,  this  cost  will vary but is expected to average 20.6% of salary
        annually.
          The exact number of current members as  well  as  future  members  who
        could be affected by this legislation cannot be readily determined.
          Summary of relevant resources:
          Membership  data as of March 31, 2023 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2023 actuari-
        al valuation.  Distributions and other statistics can be  found  in  the
        2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2023
        Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
        Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
        Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2023
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated January 13,  2024,  and  intended  for  use  only
        during  the  2024  Legislative  Session,  is  Fiscal  Note No. 2024-082,
        prepared by the Actuary for the New  York  State  and  Local  Retirement
        System.
 
    13                                   PART M

        S. 8308--C                         50                         A. 8808--C
 
     1    Section  1.  Section  2  of part DDD of chapter 55 of the laws of 2021
     2  amending  the   public   authorities law relating to  the  clean  energy
     3  resources  development  and  incentives  program,  is amended to read as
     4  follows:
     5    §  2.  This  act shall take effect immediately and shall expire and be
     6  deemed repealed [three years after such date] April 19,  2030;  provided
     7  however,  that  the amendments to section 1902 of the public authorities
     8  law made by section one of this act shall not affect the repeal of  such
     9  section and shall be deemed repealed therewith.
    10    §  2.  The  opening  paragraph  of  paragraph (a) and paragraph (b) of
    11  subdivision 1 of section 1902 of the public authorities law, as added by
    12  section 6 of part JJJ of chapter 58 of the laws of 2020, are amended  to
    13  read as follows:
    14    Locate,  identify  and assess sites within the state that appear suit-
    15  able for the development of build-ready sites with a priority  given  to
    16  dormant  electric  generating sites, and preference to previously devel-
    17  oped sites[.], provided that land used  in  agricultural  production  as
    18  defined  by the  department  of agriculture and markets, with additional
    19  consideration  for  land  within  an  agricultural district or land that
    20  contains  mineral soil  groups  1-4, shall not be  deemed  suitable  for
    21  the  development of a build-ready site except when necessary for genera-
    22  tor lead  lines  and  other  equipment  needed  for  interconnection  of
    23  projects  to  the  electric system. Such assessment may include but need
    24  not be limited to the following considerations:
    25    (b) (i) In making such assessment the authority shall give priority to
    26  previously developed sites,  existing  or  abandoned  commercial  sites,
    27  including  without  limitation brownfields, landfills, former commercial
    28  or industrial sites, dormant electric  generating  sites,  or  otherwise
    29  underutilized sites; and
    30    (ii) the authority may establish a renewable energy generation project
    31  in  furtherance  of  an agrivolatic project, where "agrivoltaic project"
    32  shall mean the simultaneous use of areas of land for  both  solar  power
    33  generation  and  agriculture,  specific to the practice of such dual-use
    34  solar energy project, where any of the previously developed sites listed
    35  in subparagraph (i) of this paragraph is reclaimed as farmland.
    36    § 3. Section 1900 of the public authorities law, as added by section 6
    37  of part JJJ of chapter 58 of the laws of 2020, is  amended  to  read  as
    38  follows:
    39    §  1900.  Statement  of  legislative  intent.  It is the intent of the
    40  legislature in enacting this title to empower the New York state  energy
    41  research  and  development authority to establish effective programs and
    42  other mechanisms to: (1) foster and encourage the orderly and  expedient
    43  siting  and  development  of  renewable  energy facilities and qualified
    44  energy storage systems, particularly at sites  which  are  difficult  to
    45  develop,  consistent with applicable law for the purpose of enabling the
    46  state to meet CLCPA targets as defined in subdivision  [two  of  section
    47  ninety-four-c  of  the executive law] one of section one hundred thirty-
    48  seven of article eight of the public service law;  (2)  incentivize  the
    49  re-use of previously developed sites for renewable energy facilities and
    50  qualified  energy  storage systems to protect the value of taxable land,
    51  capitalize on existing infrastructure;  (3)  support  the  provision  of
    52  benefits to communities that host renewable energy facilities and quali-
    53  fied energy storage systems; and (4) protect environmental justice areas
    54  from adverse environmental impacts.

        S. 8308--C                         51                         A. 8808--C
 
     1    §  4.  Subdivisions  5 and 8 of section 1901 of the public authorities
     2  law, as added by section 6 of part JJJ of chapter  58  of  the  laws  of
     3  2020, are amended and a new subdivision 9 is added to read as follows:
     4    5.  "Host  community" shall mean any municipality within which a major
     5  renewable energy facility or qualified energy  storage  system,  or  any
     6  portion thereof, has been proposed for development.
     7    8.  "Build-ready  site"  shall mean a site for which the authority has
     8  secured permits, property interests, agreements  and/or  other  authori-
     9  zations   necessary   to   offer  such  site  for  further  development,
    10  construction and operation of a renewable energy facility, with or with-
    11  out a paired qualified energy storage system, or a stand-alone qualified
    12  energy storage system, in accordance with the other provisions  of  this
    13  title.
    14    9.  "Qualified  energy  storage system" shall have the same meaning as
    15  qualified energy storage system defined in section seventy-four  of  the
    16  public service law.
    17    §  5.  Subdivisions  3 and 6 of section 1902 of the public authorities
    18  law, as added by section 6 of part JJJ of chapter  58  of  the  laws  of
    19  2020, are amended to read as follows:
    20    3. Establish procedures and protocols for the purpose of establishment
    21  and transfer of build-ready sites which shall include, at a minimum: (a)
    22  written  notice  at  the  earliest practicable time to a municipality in
    23  which a potential build-ready site has been identified, provided  howev-
    24  er,  that  the  authority  shall  not deem any site for qualified energy
    25  storage systems suitable without  first  consulting  any  municipalities
    26  with  jurisdiction  over  the  potential  build-ready site and obtaining
    27  their approval; and (b) a preliminary screening process to determine, in
    28  consultation with the department of environmental conservation,  whether
    29  the  potential  build-ready  site is located in or near an environmental
    30  justice area and whether an environmental justice area would be adverse-
    31  ly affected by development of a build-ready site;
    32    6. Establish one or more programs pursuant to  which  property  owners
    33  and  communities would receive incentives to host major renewable energy
    34  facilities or qualified energy storage systems developed for the purpose
    35  of advancing the state policies embodied in this article.  Such  program
    36  may  include without limitation, and notwithstanding any other provision
    37  of law to the contrary, provisions for the authority  to  negotiate  and
    38  enter  into agreements with property owners and host communities provid-
    39  ing for incentives, including a payment in lieu of taxes,  the  transfer
    40  of  the  authority's  interests in such agreements to developers to whom
    41  build-ready sites are transferred, and the provision of information  and
    42  guidance  to  stakeholders  concerning  incentives.  The authority shall
    43  maintain a record of such programs and  incentives,  and  shall  publish
    44  such record on the authority's website;
    45    §  6.  This act shall take effect immediately; provided, however, that
    46  the amendments to sections 1900, 1901 and 1902 of the public authorities
    47  law made by sections two, three, four and five of  this  act  shall  not
    48  affect  the  expiration and repeal of such sections and shall expire and
    49  be deemed repealed therewith;  provided,  however,  if  this  act  shall
    50  become a law after such date, it shall take effect immediately and shall
    51  be  deemed  to  have been in full force and effect on and after April 1,
    52  2024.
 
    53                                   PART N

        S. 8308--C                         52                         A. 8808--C
 
     1    Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
     2  research  and  development  authority  for  services and expenses of the
     3  energy  research,  development  and  demonstration  program,   including
     4  grants,  the energy policy and planning program, and the Fuel NY program
     5  shall be subject to the provisions of this section.  Notwithstanding the
     6  provisions of subdivision 4-a of section 18-a of the public service law,
     7  all  moneys committed or expended in an amount not to exceed $28,725,000
     8  shall be reimbursed by assessment against gas corporations,  as  defined
     9  in  subdivision  11  of section 2 of the public service law and electric
    10  corporations as defined in subdivision 13 of section  2  of  the  public
    11  service  law, where such gas corporations and electric corporations have
    12  gross revenues from intrastate utility operations in excess of  $500,000
    13  in  the  preceding calendar year, and the total amount assessed shall be
    14  allocated to each electric corporation and gas corporation in proportion
    15  to its intrastate electricity and gas  revenues  in  the  calendar  year
    16  2022.    Such  amounts  shall  be  excluded  from the general assessment
    17  provisions of subdivision 2 of section 18-a of the public  service  law.
    18  The  chair  of  the public service commission shall bill such gas and/or
    19  electric corporations for such amounts on or before August 10, 2024  and
    20  such  amounts  shall  be  paid to the New York state energy research and
    21  development authority on or before September 10, 2024.    Upon  receipt,
    22  the  New  York  state  energy  research  and development authority shall
    23  deposit such funds in the energy research and development operating fund
    24  established pursuant to section 1859 of the public authorities law.  The
    25  New  York  state energy research and development authority is authorized
    26  and directed to: (1) transfer up to $4 million to the state general fund
    27  for climate change related services and expenses of  the  department  of
    28  environmental  conservation  from the funds received; and (2) commencing
    29  in 2016, provide to the chair of the public service commission  and  the
    30  director of the budget and the chairs and secretaries of the legislative
    31  fiscal  committees,  on or before August first of each year, an itemized
    32  record, certified by the president and chief executive  officer  of  the
    33  authority,  or  his  or her designee, detailing any and all expenditures
    34  and commitments ascribable to  moneys  received  as  a  result  of  this
    35  assessment  by the chair of the department of public service pursuant to
    36  section 18-a of the public service law.    This  itemized  record  shall
    37  include  an  itemized  breakdown  of  the  programs being funded by this
    38  section and the amount committed to each program.  The  authority  shall
    39  not  commit  for any expenditure, any moneys derived from the assessment
    40  provided for in this section, until the chair of  such  authority  shall
    41  have  submitted,  and  the director of the budget shall have approved, a
    42  comprehensive financial plan encompassing all moneys  available  to  and
    43  all  anticipated commitments and expenditures by such authority from any
    44  source for the operations of such authority.   Copies  of  the  approved
    45  comprehensive financial plan shall be immediately submitted by the chair
    46  to  the chairs and secretaries of the legislative fiscal committees. Any
    47  such amount not committed by such authority to contracts or contracts to
    48  be awarded or otherwise expended by the authority during the fiscal year
    49  shall be refunded by such authority on a  pro-rata  basis  to  such  gas
    50  and/or  electric  corporations,  in  a  manner  to  be determined by the
    51  department of public service, and any refund amounts must be  explicitly
    52  lined out in the itemized record described above.
    53    §  2.  This  act  shall take effect immediately and shall be deemed to
    54  have been in full force and effect on and after April 1, 2024.
 
    55                                   PART O

        S. 8308--C                         53                         A. 8808--C
 
     1    Section 1. Short title, legislative findings and declaration. This act
     2  shall be known and may be cited as the "renewable action through project
     3  interconnection and deployment (RAPID) act".    The  legislature  hereby
     4  finds and declares that:
     5    1. To timely achieve the renewable energy and greenhouse gas reduction
     6  targets  established  pursuant  to  the climate leadership and community
     7  protection act ("CLCPA"), while contemporaneously maintaining the  reli-
     8  ability of the state's electric transmission system, action is needed to
     9  consolidate  and  expedite  the  environmental  review and permitting of
    10  major renewable energy facilities  and  major  electric  utility  trans-
    11  mission facilities.
    12    2.  Since  enactment  of  the  CLCPA,  it has become apparent that the
    13  State's bulk and local transmission facilities need to be  significantly
    14  upgraded  to  deliver  renewable  energy  to  load.    These significant
    15  upgrades in the bulk and local transmission system must be undertaken in
    16  an expedited timeframe consistent with  the  timeframe  to  achieve  the
    17  CLCPA targets.
    18    3.  In  the  context  of  achieving the CLCPA targets, a public policy
    19  purpose would be served and the interests of the people of the state  of
    20  New York would be advanced by transferring the Office of Renewable Ener-
    21  gy  Siting  ("ORES"),  currently under the auspices of the Department of
    22  State, to the Department of Public Service ("DPS")  and  providing  such
    23  office with additional responsibilities for the review and permitting of
    24  major electric transmission facilities as set forth in this act.
    25    4.  The legislature finds that such a transfer would combine the long-
    26  standing expertise of DPS related to transmission siting,  planning  and
    27  compliance  with  environmental  and  reliability  standards with ORES's
    28  expertise related to the siting of renewable energy resources and, in so
    29  doing, create synergies, and otherwise provide for more efficient siting
    30  of major renewable energy and transmission facilities.
    31    § 2. Section 94-c of the executive law is REPEALED.
    32    § 3. Transfer of Office of Renewable Energy Siting.  ORES,  an  office
    33  established  in  the  Department  of  State by the Accelerated Renewable
    34  Energy Growth and Community Benefit Act, enacted under part JJJ of chap-
    35  ter 58 of the laws of 2020, is hereby  transferred  to  and  established
    36  within  the  DPS,  and  shall  continue  to have all existing functions,
    37  powers, duties and obligations of ORES together with the new  additional
    38  functions, powers, duties and obligations set forth in this act.
    39    §  4.    Continuity  of  existing  functions, powers, duties and obli-
    40  gations.  All of the existing functions, powers, obligations, and duties
    41  granted to ORES by section 94-c of the executive law now  repealed,  are
    42  hereby  transferred,  and  shall be deemed to and held to constitute the
    43  continuation of such functions, powers, duties and obligations of  ORES,
    44  and not a different agency, authority, department or office.  All appli-
    45  cations  pending  before ORES on the effective date of this act shall be
    46  considered and treated as applications filed pursuant to this act as  of
    47  the date of filing of such applications.
    48    §  5.  Transfer of employees.  1. Upon the transfer of such functions,
    49  powers, duties and obligations pursuant to this act, provision shall  be
    50  made  for  the  transfer  of  all  employees of ORES situated within the
    51  department of state into DPS pursuant to subdivision 2 of section 70  of
    52  the  civil  service law.   Employees so transferred shall be transferred
    53  without further examination or qualification  to  the  same  or  similar
    54  titles,  shall  remain in the same collective bargaining units and shall
    55  retain their respective civil service classifications, status and rights

        S. 8308--C                         54                         A. 8808--C
 
     1  pursuant to their collective bargaining units and collective  bargaining
     2  agreements.
     3    2.  All  employees  hired  after the effective date of this act shall,
     4  consistent with the provisions of article 14 of the civil  service  law,
     5  be classified in the same bargaining units. Employees other than manage-
     6  ment  or  confidential  persons  as  defined  in article 14 of the civil
     7  service law serving positions in newly created titles shall be  assigned
     8  to  the  appropriate  bargaining unit. Nothing contained herein shall be
     9  construed to affect:
    10    (a) the rights of employees pursuant to a collective bargaining agree-
    11  ment; or
    12    (b) the representational relationships among employee organizations or
    13  the bargaining relationships between the state and an employee organiza-
    14  tion.
    15    § 6. Transfer of records. All records, including but not  limited  to,
    16  books,  papers,  and property of ORES shall be transferred and delivered
    17  to DPS.
    18    § 7. Transfer and continuation  of  regulations;  conforming  changes.
    19  Notwithstanding  any  inconsistent provision of the state administrative
    20  procedure act: all rules and regulations of ORES  adopted  at  19  NYCRR
    21  part  900  in  force  at  the  time of the transfer of ORES to DPS shall
    22  continue in full force and  effect  as  rules  and  regulations  of  the
    23  department until duly modified or abrogated by such department; 19 NYCRR
    24  part 900 shall be and hereby is transferred to 16 NYCRR Chapter XI, with
    25  such conforming changes as shall be required to reflect the transfer and
    26  relocation of ORES to DPS as provided in this act, and shall continue in
    27  full  force  and effect. Provided, however, that such conforming changes
    28  are limited to such substitutions of  numbering,  names,  titles,  cita-
    29  tions,  and  other non-substantive amendments that are necessary only to
    30  effectuate the transfer and relocation of ORES to DPS, the  changes  may
    31  be  filed  with  the  secretary of state without the need for additional
    32  proceedings under the state  administrative  procedure  act  or  section
    33  101-a  of the executive law, and shall continue in full force and effect
    34  and be excluded from review for all purposes under  the  state  environ-
    35  mental  quality review act, and shall not be subject to review or other-
    36  wise actionable under article 78 of the civil practice law and rules.
    37    § 8. Promulgation of rules and regulations. ORES, in consultation with
    38  DPS, shall be  authorized  to  promulgate  regulations  subject  to  the
    39  approval of regulations by the public service commission on an emergency
    40  basis to ensure the implementation of this act.
    41    §  9. The public service law is amended by adding a new section 3-c to
    42  read as follows:
    43    § 3-c.  Office of renewable energy siting and  electric  transmission.
    44  1.  Definitions.   For the purposes of this section, the following terms
    45  shall have the following meanings:
    46    (a) "Executive director" or "director" shall mean the executive direc-
    47  tor of the office of renewable energy siting and electric transmission.
    48    (b) "ORES" and "office" shall mean  the  office  of  renewable  energy
    49  siting and electric transmission established pursuant to this section.
    50    (c)  "Siting  permit"  shall  mean the major renewable energy facility
    51  siting permit or major electric transmission facility permit  issued  by
    52  the executive director pursuant to article VIII of this chapter, and the
    53  rules  and  regulations  promulgated by ORES and approved by the commis-
    54  sion.

        S. 8308--C                         55                         A. 8808--C

     1    2. General powers and responsibilities.   (a) There is  hereby  estab-
     2  lished  in the department an office of renewable energy siting and elec-
     3  tric transmission.
     4    (b)  ORES  shall  accept  applications and evaluate, issue, amend, and
     5  approve the assignment and/or transfer of  siting  permits  pursuant  to
     6  article  VIII  of this chapter. ORES shall exercise its authority by and
     7  through the executive director.
     8    (c) ORES, by and through the executive director, shall  be  authorized
     9  to  conduct  hearings and dispute resolution proceedings, issue permits,
    10  and adopt, subject to the approval of  the  public  service  commission,
    11  such  rules,  regulations  and  procedures  as  may be necessary, or any
    12  amendments or modifications thereto, convenient, or desirable to  effec-
    13  tuate the purposes of this section and article VIII of this chapter.
    14    (d) ORES shall, among other things, continue unimpeded the work of the
    15  office  of  renewable energy siting established under the former section
    16  ninety-four-c of the executive law.  All permits issued  by  the  former
    17  office  of  renewable  energy  siting,  established  pursuant  to former
    18  section ninety-four-c of the executive  law,  and  all  certificates  of
    19  environmental  compatibility  and  public  need issued by the commission
    20  pursuant to article VII of this chapter  shall  be  considered  for  all
    21  legal purposes to be permits issued by ORES.
    22    (e)  All  final  siting permits issued by ORES or heretofore issued by
    23  the office of renewable energy siting established pursuant to the former
    24  section ninety-four-c of the executive law  are  hereby  enforceable  by
    25  ORES  and  the department pursuant to section twenty-four, section twen-
    26  ty-five, and section twenty-six of this article  as  if  issued  by  the
    27  commission, except that such permits issued to combination gas and elec-
    28  tric corporations are also enforceable by ORES and the department pursu-
    29  ant  to  section  twenty-five-a of this article. ORES and the department
    30  shall monitor, enforce, and administer compliance  with  any  terms  and
    31  conditions  set forth in a siting permit issued pursuant to article VIII
    32  of this chapter and in doing so may use and rely on  authority  provided
    33  to  the commission otherwise available under this chapter. Notwithstand-
    34  ing any other provision of law to the contrary, the holder of a  certif-
    35  icate  or permit  issued under article VIII of this chapter, or a prede-
    36  cessor statute thereto, for a major renewable energy  facility  with  an
    37  electric generating capacity between twenty-five and eighty megawatts or
    38  that  otherwise  opts  into  article  VIII of this chapter is subject to
    39  enforcement by ORES or the department pursuant to sections  twenty-four,
    40  twenty-five and twenty-six of this article.
    41    (f)  At  the request of ORES, all other state agencies and authorities
    42  are hereby authorized to provide support  and  render  services  to  the
    43  office within their respective functions.
    44    §  10.  Continuity  of  existing  functions, powers, duties, and obli-
    45  gations.  All of the existing functions, powers, duties, and obligations
    46  of the farmland protection working group,  and  duties  granted  to  the
    47  farmland  protections working group by section 94-c of the executive law
    48  now repealed, are hereby transferred, and shall be deemed and be held to
    49  constitute the   continuation of such  functions,  powers,  duties,  and
    50  obligations  of  the  farmland  protection  working  group  and not to a
    51  different agency, authority, department or office.
    52    § 11. Articles 8 of the public service law, as added by chapter 708 of
    53  the laws of 1978 and as added by chapter 385 of the laws  of  1972,  are
    54  REPEALED and a new article 8 is added to read as follows:

        S. 8308--C                         56                         A. 8808--C
 
     1                                ARTICLE VIII
     2            SITING OF RENEWABLE ENERGY AND ELECTRIC TRANSMISSION
 
     3  Section 136. Purpose.
     4          137. Definitions.
     5          138. General   provisions   related  to  establishing  standards
     6                 related to siting major renewable energy facilities.
     7          139. General  provisions  related  to   establishing   standards
     8                 related to siting major electric transmission facilities.
     9          140. Applicability  related  to  siting  major  renewable energy
    10                 facilities.
    11          141. Applicability related to siting major electric transmission
    12                 facilities.
    13          142. Application, notice, and review relating to major renewable
    14                 energy facility siting.
    15          143. Application, notice, and review relating to major  electric
    16                 transmission facility siting.
    17          144. Powers  of  municipalities  and state agencies and authori-
    18                 ties.
    19          145. Fees; local agency account.
    20          146. Judicial review.
    21          147. Farmland protection working group.
    22          148. Reports of the office of renewable energy siting and  elec-
    23                 tric transmission.
    24    § 136. Purpose.  It  is the purpose of this article to consolidate the
    25  environmental review, permitting, and siting  in  this  state  of  major
    26  renewable  energy  facilities and major electric transmission facilities
    27  subject to this article, and to provide ORES as a single forum  for  the
    28  coordinated  and  timely  review  of  such  projects to meet the state's
    29  renewable energy goals and ensure the reliability of the electric trans-
    30  mission system, while also ensuring the protection  of  the  environment
    31  and  consideration  of  all pertinent social, economic and environmental
    32  factors in the decision to permit such  projects  as  more  specifically
    33  provided in this article.
    34    § 137. Definitions.  Where  used  in this article, the following terms
    35  shall have the following meanings:
    36    1. "CLCPA targets" shall mean the public policies established  in  the
    37  climate  leadership  and community protection act enacted in chapter one
    38  hundred six of the laws of two  thousand  nineteen,  including  but  not
    39  limited  to  the  requirement  that  a minimum of seventy percent of the
    40  statewide electric generation be produced by renewable energy systems by
    41  two thousand thirty, that by the year two thousand forty  the  statewide
    42  electrical  demand system will generate zero emissions, and the procure-
    43  ment of at least nine gigawatts of offshore wind electricity  generation
    44  by  two thousand thirty-five, six gigawatts of photovoltaic solar gener-
    45  ation by two thousand twenty-five and  to  support  three  gigawatts  of
    46  statewide energy storage capacity by two thousand thirty.
    47    2.  "Dormant  electric generating site" shall mean a site at which one
    48  or more electric generating  facilities  produced  electricity  but  has
    49  permanently ceased operating.
    50    3.  "Major  electric  transmission  facility" means an electric trans-
    51  mission line of a design capacity of one hundred  twenty-five  kilovolts
    52  or  more  extending  a  distance  of one mile or more, or of one hundred
    53  kilovolts or more and  less  than  one  hundred  twenty-five  kilovolts,
    54  extending  a  distance of ten miles or more, including associated equip-
    55  ment, but shall not include any such transmission  line  located  wholly

        S. 8308--C                         57                         A. 8808--C
 
     1  underground  in  a city with a population in excess of one hundred twen-
     2  ty-five thousand or a primary transmission line approved by the  federal
     3  energy regulatory commission in connection with a hydro-electric facili-
     4  ty.
     5    4.  "Major  renewable  energy  facility"  means  any  renewable energy
     6  system, as such term is  defined  in section sixty-six-p of  this  chap-
     7  ter, with a nameplate generating capacity  of twenty-five thousand kilo-
     8  watts  or  more, and any co-located system storing energy generated from
     9  such a renewable energy  system  prior  to delivering   it to  the  bulk
    10  transmission  system, including all associated appurtenances to electric
    11  plants, including electric transmission facilities less than  ten  miles
    12  in  length  in  order  to  provide access to load and  to integrate such
    13  facilities into the state's bulk electric transmission system.
    14    5. "Landowner" means the holder of any right, title,  or  interest  in
    15  real  property  subject to a proposed site or right of way as identified
    16  from the most recent tax roll of the appropriate municipality.
    17    6. "Local agency" means any local agency, board, district,  commission
    18  or  governing  body,  including  any  city,  county, and other political
    19  subdivision of the state.
    20    7. "Local agency account" or "account" shall mean the  account  estab-
    21  lished  in  subdivision  seven of section ninety-four-c of the executive
    22  law now repealed and continued in section one hundred forty-five of this
    23  article.
    24    8. "Municipality" shall mean a county, city, town, or village.
    25    9. "Right-of-way" shall mean:
    26    (a) real property that is used or authorized to be used  for  electric
    27  utility purposes; or
    28    (b)  real property owned or controlled by or under the jurisdiction of
    29  the state, a distribution utility, or a state public authority including
    30  by means of ownership, lease or easement, that is used or authorized  to
    31  be used for transportation or canal purposes.
    32    10.  "ORES" shall mean the office of renewable energy siting and elec-
    33  tric transmission established pursuant to section three-c of this  chap-
    34  ter.
    35    11. "Executive director" or "director" shall mean the executive direc-
    36  tor of the office of renewable energy siting and electric transmission.
    37    12.  "Major  renewable  energy  facility siting permit" shall mean the
    38  siting permit issued to a major renewable energy facility by the  execu-
    39  tive  director  pursuant  to this article, and the rules and regulations
    40  promulgated by ORES and the department and approved by the commission.
    41    13. "Major electric transmission facility siting  permit"  shall  mean
    42  the  siting  permit  issued to a major electric transmission facility by
    43  the executive director pursuant to this article, and the rules and regu-
    44  lations promulgated by ORES and the department.
    45    § 138. General provisions related to establishing standards related to
    46  siting major renewable energy facilities.  1. (a) ORES shall be  author-
    47  ized to establish and amend, subject to the approval of the  commission,
    48  a  set  of  uniform  standards  and  conditions  for the siting, design,
    49  construction and operation of each type of major renewable energy facil-
    50  ity subject to this article relevant  to  issues  that  are  common  for
    51  particular  classes and categories of major renewable energy facilities,
    52  in consultation with other offices within the department, the  New  York
    53  state energy research and development authority, the department of envi-
    54  ronmental  conservation,  the department of agriculture and markets, and
    55  other relevant state agencies and authorities with subject matter exper-
    56  tise.

        S. 8308--C                         58                         A. 8808--C
 
     1    (b) The uniform standards and conditions established pursuant to  this
     2  subdivision  shall  be  designed  to  avoid  or minimize, to the maximum
     3  extent practicable,  any  potential  significant  adverse  environmental
     4  impacts  related  to the siting, design, construction and operation of a
     5  major  renewable  energy facility. Such uniform standards and conditions
     6  shall apply to those environmental impacts ORES determines are common to
     7  each type of major renewable energy facility.
     8    (c) In its review of an application for a permit to develop  a  major-
     9  renewable  energy facility, ORES, in consultation with the department of
    10  environmental conservation, shall identify those  site-specific  adverse
    11  environmental impacts, if any, that may be caused or contributed to by a
    12  specific  proposed  major renewable energy facility and are unable to be
    13  addressed by the uniform standards and conditions.  ORES shall draft, in
    14  consultation with the department of  environmental  conservation,  site-
    15  specific  permit  terms  and  conditions  for  such  impacts,  including
    16  provisions for the avoidance or mitigation thereof, taking into  account
    17  the  CLCPA  targets and the environmental benefits of the proposed major
    18  renewable energy facility; provided, however, that  ORES  shall  require
    19  that  the  application of uniform standards and conditions and site-spe-
    20  cific conditions  shall  achieve  a  net  conservation  benefit  to  any
    21  impacted endangered and threatened species.
    22    2. To the extent that adverse environmental impacts are not completely
    23  addressed  by  uniform  standards and conditions and site-specific major
    24  renewable energy facility siting permit conditions proposed by ORES, and
    25  ORES determines that mitigation of such impacts may be achieved by  off-
    26  site  mitigation,  ORES may require payment of a fee by the applicant to
    27  achieve such off-site mitigation. If ORES  determines,  in  consultation
    28  with  the  department  of environmental conservation, that mitigation of
    29  impacts to endangered or threatened species that achieves a net  conser-
    30  vation  benefit can be achieved by off-site mitigation, the amount to be
    31  paid for such off-site mitigation shall be set forth in the final  major
    32  renewable  energy  facility  siting  permit. ORES may require payment of
    33  funds sufficient to implement such off-site mitigation into  the  endan-
    34  gered  and  threatened species mitigation bank fund established pursuant
    35  to section ninety-nine-hh of the state finance law.
    36    3. ORES, in consultation with the department, shall  promulgate  rules
    37  and  regulations with respect to all necessary requirements to implement
    38  the siting permit program established in  this  article  and  promulgate
    39  modifications  to  such  rules  and  regulations  as it deems necessary;
    40  provided that ORES shall promulgate regulations requiring the service of
    41  applications  on  affected  municipalities  and  political  subdivisions
    42  simultaneously  with  submission  of  an application. Any such rules and
    43  regulations, or  any  amendments  or  modifications  thereto,  shall  be
    44  subject  to  the  approval  of the public service commission before they
    45  become effective.
    46    4. The uniform standards and conditions established pursuant  to  this
    47  section shall be designed to avoid, minimize, or mitigate to the maximum
    48  extent  practicable,  potential significant adverse impacts to land used
    49  in agricultural production, with additional consideration for land with-
    50  in an agricultural district or land that contains  mineral  soil  groups
    51  1-4.   The provisions of this subdivision shall not apply in the consid-
    52  eration of any permits for siting, design, construction, or operation of
    53  a major renewable energy facility for which a completed application  has
    54  been  received  by  the  office  of renewable energy siting and electric
    55  transmissions prior to the adoption of  amended  uniform  standards  and
    56  conditions consistent with this subdivision.

        S. 8308--C                         59                         A. 8808--C
 
     1    5.  The  office  of  renewable energy siting and electric transmission
     2  pursuant to section three-c of this chapter, in  consultation  with  the
     3  department,  shall post, maintain, and regularly update on its website a
     4  statewide map with the location,  approximate  acreage,  and  generation
     5  capacity of each approved and proposed facility pursuant to this article
     6  or  renewable  electric  generating  facility pursuant to article ten of
     7  this chapter for which permitted, complete, or  incomplete  applications
     8  or  notices  of  intent  have been received by such office or the public
     9  service commission. Such statewide map may include any additional infor-
    10  mation such office deems necessary. The information required pursuant to
    11  this subdivision shall be updated upon the completion  of  each  new  or
    12  updated application for a proposed facility.
    13    § 139. General provisions related to establishing standards related to
    14  siting  major  electric  transmission facilities.   1. (a) Within twelve
    15  months of the effective date of this section, ORES shall, subject to the
    16  approval of the commission, in consultation with  other  offices  within
    17  the  department,  the  New  York  state  energy research and development
    18  authority, the department of environmental conservation, the  department
    19  of  agriculture  and  markets,  and  other  agencies with subject matter
    20  expertise, establish a set of uniform standards and conditions  for  the
    21  siting,  design,  construction,  and  operation of major electric trans-
    22  mission facilities subject to this article relevant to issues  that  are
    23  common  to  such  projects.   Prior to adoption of uniform standards and
    24  conditions, the office of renewable energy siting  and  electric  trans-
    25  missions  shall  hold  four  public hearings in different regions of the
    26  state to solicit comment from municipal, or political subdivisions,  and
    27  the public on proposed  uniform standards and conditions to avoid, mini-
    28  mize  or  mitigate  potential    adverse  environmental impacts from the
    29  siting, design, construction and  operation of a major  electric  trans-
    30  mission facility.
    31    (b)  The uniform standards and conditions established pursuant to this
    32  section shall be designed to avoid or minimize, to  the  maximum  extent
    33  practicable,  any  potential  significant  adverse environmental impacts
    34  related to the siting, design, construction, and operation  of  a  major
    35  electric  transmission  facility.  Such uniform standards and conditions
    36  shall apply to those environmental impacts ORES determines are common to
    37  major electric transmission facilities.
    38    (c) The uniform standards and conditions established pursuant to  this
    39  section shall be designed to avoid, minimize, or mitigate to the maximum
    40  extent  practicable,  potential significant adverse impacts to land used
    41  in agricultural production, with additional consideration for land with-
    42  in an agricultural district or land that contain mineral soil groups 1-4
    43  as defined by the department of agriculture and markets.
    44    (d) In its review of an application for a major electric  transmission
    45  facility  siting permit to develop a major electric transmission facili-
    46  ty, ORES, in consultation with the department of environmental conserva-
    47  tion, shall identify those adverse site-specific environmental  impacts,
    48  if  any,  that  may  be  caused or contributed to by a specific proposed
    49  major electric transmission facility and are unable to be  addressed  by
    50  the  uniform  standards and conditions. ORES shall draft in consultation
    51  with the department of environmental  conservation  site-specific  major
    52  electric  transmission  facility  siting permit terms and conditions for
    53  such impacts, including provisions for the avoidance or mitigation ther-
    54  eof, taking into account the CLCPA targets, the  environmental  benefits
    55  of, and public need for the proposed major electric transmission facili-
    56  ty;  provided,  however, that ORES shall require that the application of

        S. 8308--C                         60                         A. 8808--C
 
     1  uniform standards and  conditions  and  site-specific  conditions  shall
     2  achieve  a  net  conservation  benefit  to  any  impacted endangered and
     3  threatened species.
     4    (e)  Upon  the  establishment  of  uniform  standards  and  conditions
     5  required by this section and the promulgation of regulations  specifying
     6  the content of an application for a major electric transmission facility
     7  siting permit, an application for a major electric transmission facility
     8  siting permit shall only be made pursuant to this article.
     9    2. To the extent that adverse environmental impacts are not completely
    10  addressed  by  uniform  standards and conditions and site-specific major
    11  electric transmission facility  siting  permit  conditions  proposed  by
    12  ORES,  and  ORES  determines  that  mitigation  of  such  impacts may be
    13  achieved by off-site mitigation, ORES may require payment of  a  fee  by
    14  the  applicant  to achieve such off-site mitigation. If ORES determines,
    15  in consultation with the department of environmental conservation,  that
    16  mitigation  of impacts to endangered or threatened species that achieves
    17  a net conservation benefit can be achieved by off-site  mitigation,  the
    18  amount to be paid for such off-site mitigation shall be set forth in the
    19  final  major  electric  transmission  facility  siting  permit. ORES may
    20  require payment of funds sufficient to  implement  such  off-site  miti-
    21  gation  into  the endangered and threatened species mitigation bank fund
    22  established pursuant to section ninety-nine-hh of the state finance law.
    23    3. ORES shall identify and make public the basis of  the  public  need
    24  for  a  major  electric  transmission  facility in a written finding and
    25  shall grant permits to such projects that demonstrate a qualified public
    26  need, so long as the adverse environmental impacts of the  facility  are
    27  identified and addressed by the uniform standards and conditions promul-
    28  gated  pursuant  to this article and any site-specific permit conditions
    29  applied to the facility.  The written finding of a  basis  of  a  public
    30  need  for  a  major  electric transmission facility shall, at a minimum,
    31  include whether the proposed project conforms to plans relating  to  the
    32  expansion or upgrade of the electric power grid and interconnected util-
    33  ity  systems  or  was  included  or  considered  in the power grid study
    34  required pursuant to section seven of part JJJ of chapter fifty-eight of
    35  the laws of two thousand twenty for a major electric transmission facil-
    36  ity.  Notwithstanding any other provision of this article to the contra-
    37  ry, ORES shall only grant major electric  transmission  facility  siting
    38  permits  to such projects that: (i) demonstrate a qualified public need;
    39  (ii) are in the public and ratepayer interest; and  (iii)  identify  and
    40  address  the  adverse  environmental impacts of the facility pursuant to
    41  the uniform standards and conditions promulgated pursuant to this  arti-
    42  cle  and  any  site-specific major electric transmission facility siting
    43  permit conditions, or otherwise mitigated as provided in this article.
    44    4. ORES, in consultation with the department, shall  promulgate  rules
    45  and  regulations with respect to all necessary requirements to implement
    46  the siting permit program established in  this  article  and  promulgate
    47  modifications  to  such  rules  and  regulations  as it deems necessary;
    48  provided that ORES shall promulgate regulations requiring the service of
    49  applications  on  affected  municipalities  and  political  subdivisions
    50  simultaneously  with  submission  of an application.  Any such rules and
    51  regulations, or  any  amendments  or  modifications  thereto,  shall  be
    52  subject to the approval of the  commission before they become effective.
    53    5.  The  office of renewable energy siting and  electric  transmission
    54  shall include within its regulations a framework to  ensure  potentially
    55  affected state- and federally-recognized indigenous nations are informed

        S. 8308--C                         61                         A. 8808--C
 
     1  and  consulted  with, as appropriate, when a facility is proposed within
     2  the ancestral territories of such nations.
     3    6.  After  the effective date of this section, any person intending to
     4  construct  a major electric  transmission  facility  excluded  from this
     5  section  pursuant  to  paragraph (c) of subdivision five of section  one
     6  hundred  forty-one  of  this  article may elect to become subject to the
     7  provisions of this section by   filing an   application   for  a  siting
     8  permit pursuant to the regulations of ORES governing such applications.
     9    § 140. Applicability  related to siting major renewable energy facili-
    10  ties.  1. No person shall commence the preparation of  a  site  for,  or
    11  begin  the  construction  of,  a  major renewable energy facility in the
    12  state, or increase the capacity of an existing  major  renewable  energy
    13  facility, without having first obtained a major renewable energy facili-
    14  ty  siting  permit pursuant to this article.  Any major renewable energy
    15  facility subject to this article with respect to which a  siting  permit
    16  is  issued shall not thereafter be built, maintained, or operated except
    17  in conformity with such major renewable energy  facility  siting  permit
    18  and  any  terms,  limitations, or conditions contained therein, provided
    19  that nothing in this subdivision shall exempt such facility from compli-
    20  ance with federal laws and regulations.
    21    2. A major renewable energy facility siting permit issued by ORES  may
    22  be transferred or assigned, subject to the prior written approval of the
    23  office  of  renewable  energy  siting  and  electric transmissions, to a
    24  person that agrees to comply with the terms, limitations and  conditions
    25  contained in such major renewable energy facility siting permit.
    26    3.  ORES or a permittee may initiate an amendment to a major renewable
    27  energy facility siting permit under this section. An amendment initiated
    28  by ORES or a permittee that is likely to result in any material increase
    29  in any adverse environmental impact or involves a substantial change  to
    30  the  terms  or  conditions  of  a major renewable energy facility siting
    31  permit shall comply with the public notice and hearing  requirements  of
    32  this section.
    33    4. Any hearings or dispute resolution proceedings initiated under this
    34  article or pursuant to rules or regulations promulgated pursuant to this
    35  section may be conducted by the executive director of ORES or any person
    36  to whom the executive director shall delegate the power and authority to
    37  conduct such hearings or proceedings in the name of ORES at any time and
    38  place.
    39    5. This section shall not apply:
    40    (a) to normal repairs, maintenance, replacements, non-material modifi-
    41  cations and improvements of a major renewable energy facility subject to
    42  this article, whenever built, which are performed in the ordinary course
    43  of  business  and  which do not constitute a violation of any applicable
    44  existing permit; and
    45    (b) to a major renewable energy facility if, on or before  the  effec-
    46  tive date of this article, an application has been made or granted for a
    47  license,  permit,  certificate,  consent  or  approval from any federal,
    48  state or local commission, agency, board or regulatory body.
    49    § 141. Applicability related to  siting  major  electric  transmission
    50  facilities.  1.  Except as provided in paragraph (b) of subdivision five
    51  of this section, no person shall commence the preparation of a site for,
    52  or begin the construction of, a major electric transmission facility  in
    53  the state without having first obtained a siting permit pursuant to this
    54  article.  Any major electric transmission facility subject to this arti-
    55  cle with respect to which a siting permit is issued shall not thereafter
    56  be built, maintained, or operated except in conformity with such  siting

        S. 8308--C                         62                         A. 8808--C
 
     1  permit  and  any  terms,  limitations,  or conditions contained therein,
     2  provided that nothing in this subdivision  shall  exempt  such  facility
     3  from compliance with federal laws and regulations.
     4    2. A major electric transmission facility siting permit issued by ORES
     5  may be transferred or assigned, subject to the prior written approval of
     6  the  office  of renewable energy siting and electric transmissions, to a
     7  person that agrees to comply with the terms, limitations and  conditions
     8  contained in such siting major electric transmission facility permit.
     9    3.  ORES  or a permittee may initiate an amendment to a major electric
    10  transmission facility siting permit under  this  section.  An  amendment
    11  initiated by ORES or a permittee that is likely to result in any materi-
    12  al  increase  in any adverse environmental impact or involves a substan-
    13  tial change to the terms or conditions of a major electric  transmission
    14  facility  siting  permit shall comply with the public notice and hearing
    15  requirements of this section.
    16    4. Any hearings or dispute resolution proceedings initiated under this
    17  article or pursuant to rules or regulations promulgated pursuant to this
    18  section may be conducted by the executive director of ORES or any person
    19  to whom the executive director shall delegate the power and authority to
    20  conduct such hearings or proceedings in the name of ORES at any time and
    21  place.
    22    5. This section shall not apply:
    23    (a) to any major electric transmission facility over which any  agency
    24  or  department  of the federal government has exclusive jurisdiction, or
    25  has jurisdiction concurrent with that of the  state  and  has  exercised
    26  such jurisdiction, to the exclusion of regulation of the facility by the
    27  state;  provided,  however,  that  nothing  herein shall be construed to
    28  expand federal jurisdiction;
    29    (b) to normal repairs, maintenance, replacements, non-material modifi-
    30  cations and improvements  of  a  major  electric  transmission  facility
    31  subject  to  this  article,  whenever  built, which are performed in the
    32  ordinary course of business and which do not constitute a  violation  of
    33  any applicable existing permit; and
    34    (c) to a major electric transmission facility for which an application
    35  pursuant to article VII of this chapter and its implementing regulations
    36  is submitted on or before the establishment of the uniform standards and
    37  conditions  required  pursuant to subdivision one of section one hundred
    38  forty-one of this article.
    39    6. After the effective date of this section, any person  intending  to
    40  construct  a  major  electric  transmission  facility excluded from this
    41  section pursuant to paragraph (c) of subdivision five  of  this  section
    42  may  elect to become subject to the provisions of this section by filing
    43  an application for a major electric transmission facility siting  permit
    44  pursuant to the regulations of ORES governing such applications.
    45    § 142. Application,  notice,  and  review  relating to major renewable
    46  energy facility siting.   1. Notwithstanding any law  to  the  contrary,
    47  ORES  shall,  within  sixty  days of its receipt of an application for a
    48  siting permit with respect to a major renewable energy facility  subject
    49  to this article determine whether the application is complete and notify
    50  the  applicant  of its determination. If ORES does not deem the applica-
    51  tion complete, ORES shall set forth in writing delivered to  the  appli-
    52  cant the reasons why it has determined the application to be incomplete.
    53  If  ORES  fails  to  make a determination within the foregoing sixty-day
    54  time period, the application shall be deemed complete; provided,  howev-
    55  er, that the applicant may consent to an extension of the sixty-day time
    56  period  for  determining  application completeness.   Provided, further,

        S. 8308--C                         63                         A. 8808--C

     1  that no application may be complete without proof of  consultation  with
     2  the  municipality or political subdivision where the project is proposed
     3  to be located, or an agency thereof, prior to submission of an  applica-
     4  tion  to  ORES,  related  to  procedural and substantive requirements of
     5  local law.
     6    2. No later than sixty days following the date upon which an  applica-
     7  tion has been deemed complete, and following consultation with any rele-
     8  vant  state  agency  or authority, ORES shall publish for public comment
     9  draft permit conditions prepared by the  office,  which  comment  period
    10  shall  be  for  a  minimum  of sixty days from public notice thereof, or
    11  notice of intent to deny with reasons thereof. Such public notice  shall
    12  include,  but shall not be limited to: (i) written notice to the munici-
    13  palities or political subdivisions in which such project is proposed  to
    14  be  located;  (ii)  publication  in  a  newspaper or in electronic form,
    15  having general circulation in such municipalities or political  subdivi-
    16  sions; (iii) posting the notice on the office of renewable energy siting
    17  and  electric transmissions and the department's website; and (iv) writ-
    18  ten notice to each member of the legislature through whose district  the
    19  facility proposed in the application would be located.
    20    3.  For  any  municipality, political subdivision or an agency thereof
    21  that has received notice of the filing of an  application,  pursuant  to
    22  regulations  promulgated  in  accordance  with this article, the munici-
    23  pality or political subdivision or agency thereof shall within the time-
    24  frames established by this subdivision submit a statement to ORES  indi-
    25  cating whether the proposed project is designed to be sited, constructed
    26  and  operated  in compliance with applicable local laws and regulations,
    27  if any, concerning the environment, or public health and safety. In  the
    28  event  that  a  municipality, political subdivision or an agency thereof
    29  submits a statement to ORES that the proposed project is not designed to
    30  be sited, constructed or operated in  compliance  with  local  laws  and
    31  regulations  and  ORES determines not to hold an adjudicatory hearing on
    32  the application, ORES shall hold a non-adjudicatory public hearing in or
    33  near one or more of the affected municipalities  or  political  subdivi-
    34  sions.   In any such adjudicatory hearing, ORES or the department, shall
    35  designate members of its staff to represent the public interest, includ-
    36  ing with respect to the application of local and state laws.
    37    4. If public comments on a draft permit condition  published  by  ORES
    38  pursuant  to this section, including comments provided by a municipality
    39  or political subdivision or agency thereof, landowners,  or  members  of
    40  the  public,  raise  a  substantive and significant issue, as defined in
    41  regulations adopted pursuant to  this  article,  that  requires  adjudi-
    42  cation,  ORES  shall  promptly fix a date for an adjudicatory hearing to
    43  hear arguments and consider evidence with respect thereto.
    44    5. Following the expiration of the public comment period set forth  in
    45  this  section,  and  following  the  conclusion  of a hearing undertaken
    46  pursuant to subdivision four of this section, ORES shall, in the case of
    47  a public comment period, issue a written summary of public comments  and
    48  an  assessment  of comments received, and in the case of an adjudicatory
    49  hearing, the executive director or any  person  to  whom  the  executive
    50  director  has delegated such authority shall issue a final written hear-
    51  ing report. A final siting permit may only be issued  if  ORES  makes  a
    52  finding  that the proposed project, together with any applicable uniform
    53  and site-specific standards and conditions, would comply with applicable
    54  laws and regulations. In making a final siting permit determination with
    55  respect to a major renewable energy facility,  ORES  may  elect  not  to
    56  apply, in whole or in part, any local law or ordinance that would other-

        S. 8308--C                         64                         A. 8808--C
 
     1  wise  be  applicable  if  it  makes  a  finding  that, as applied to the
     2  proposed facility, it is unreasonably burdensome in view  of  the  CLCPA
     3  targets, and the environmental benefits.
     4    6. Notwithstanding any other deadline made applicable by this section,
     5  ORES  shall  make  a final decision on a major renewable energy facility
     6  siting permit within one year from the date the application  was  deemed
     7  complete,  or within six months from the date the application was deemed
     8  complete if such application relates to a major renewable energy facili-
     9  ty that is proposed to be sited on an existing or  abandoned  commercial
    10  use,   including  without  limitation,  brownfields,  landfills,  former
    11  commercial or industrial sites, dormant electric generating  sites,  and
    12  abandoned  or  otherwise  underutilized sites, as further defined by the
    13  regulations promulgated by or in effect under this article. Unless  ORES
    14  and  the  applicant  have  agreed  to an extension and if a final siting
    15  permit decision has not been made by ORES within such time period,  then
    16  such  siting  permit  shall be deemed to have been automatically granted
    17  for all purposes set forth in this article and all uniform conditions or
    18  site specific permit conditions issued for public comment shall  consti-
    19  tute enforceable provisions of the siting permit; provided, however, any
    20  portion  of  which is to be located on the land of a landowner for which
    21  the applicant lacks an existing  right-of-way  agreement  or  valid  and
    22  enforceable lease or easement for use of such relevant property, no such
    23  permit  shall  be automatically granted. The final siting permit related
    24  to a major renewable energy facility shall include a provision requiring
    25  the permittee to provide a host community benefit, which may be  a  host
    26  community  benefit  as  determined by the commission pursuant to section
    27  eight of part JJJ of chapter fifty-eight of the  laws  of  two  thousand
    28  twenty  or  such  other project as determined by ORES or as subsequently
    29  agreed to between the applicant and the host community.
    30    § 143. Application, notice, and  review  relating  to  major  electric
    31  transmission facility siting.  1. Notwithstanding any law to the contra-
    32  ry,  ORES  shall, within one hundred twenty days after its receipt of an
    33  application for a siting permit with respect to a major electric  trans-
    34  mission  facility,  determine  whether  the  application is complete and
    35  notify the applicant of its determination. If ORES  does  not  deem  the
    36  application  complete,  it  shall  set forth in writing delivered to the
    37  applicant the reasons why it has determined the application to be incom-
    38  plete. If ORES fails to make a determination within  the  foregoing  one
    39  hundred  twenty  day  time  period,  the  application  shall  be  deemed
    40  complete; provided, however, that the applicant may consent to an exten-
    41  sion of the one hundred twenty day time period for determining  applica-
    42  tion  completeness.    Provided,  further,  that  no  application may be
    43  complete without proof of consultation with the  municipality  or  poli-
    44  tical  subdivision  where  the  project is proposed to be located, or an
    45  agency thereof, prior to submission of an application to  ORES,  related
    46  to procedural and substantive requirements of local law.
    47    2.  In  addition  to  addressing uniform standards and conditions, the
    48  application for a siting permit with respect to a major electric  trans-
    49  mission  facility shall include, in such form as ORES may prescribe, the
    50  following information: (i) the location of  the  site  or  right-of-way;
    51  (ii)  a  description  of  the transmission facility to be built thereon;
    52  (iii) a summary of any studies which have been made of the environmental
    53  impact of the project, and a description of such studies; (iv) a  state-
    54  ment  explaining  the  public  need  for the facility; (v) copies of any
    55  studies of the electrical performance and system impacts of the facility
    56  performed by the state grid operator pursuant to its tariff;  (vi)  such

        S. 8308--C                         65                         A. 8808--C
 
     1  other  information as the applicant may consider relevant or ORES may by
     2  regulation require; and (vii) a description of any  reasonable  alterna-
     3  tive  location  or locations for the proposed facility, a description of
     4  the  comparative merits and detriments of each location submitted, and a
     5  statement of the reasons why the primary proposed location is best suit-
     6  ed for the facility.
     7    3. To the greatest extent practicable, each landowner of land on which
     8  any portion of such proposed facility is to be located shall  be  served
     9  by  first class mail with a notice that such landowner's property may be
    10  impacted by a project and an explanation of how  to  file  with  ORES  a
    11  notice of intent to be a party in the permit application proceedings and
    12  the timeframe for filing such application.
    13    4.  No later than sixty days following the date upon which an applica-
    14  tion has been deemed complete, and following consultation with any rele-
    15  vant state agency or authority, ORES shall publish  for  public  comment
    16  draft  permit  conditions  prepared  by  the  office of renewable energy
    17  siting and electric transmissions, which comment period shall be  for  a
    18  minimum  of  sixty  days  from public notice thereof. Such public notice
    19  shall include, but shall not be limited to: (i) written  notice  to  the
    20  municipalities  and  political subdivisions, in which the major electric
    21  utility transmission is proposed to be located and to  landowners  noti-
    22  fied  of  the application pursuant to subdivision three of this section;
    23  (ii) publication in a newspaper or in electronic  form,  having  general
    24  circulation  in  such  municipalities  or  political subdivisions; (iii)
    25  posting on the office's and the department's website; and  (iv)  written
    26  notice  to  each  member  of the legislature through whose district  the
    27  facility or any alternate proposed in the application would pass and  in
    28  the  event  that  such facility or any portion thereof is located within
    29  the Adirondack Park or Tug Hill, the Adirondack Park Agency and Tug Hill
    30  commission respectively.
    31    5. For any municipality, political subdivision or  an  agency  thereof
    32  that  has  received  notice of the filing of an application, pursuant to
    33  regulations promulgated in accordance with this section or otherwise  in
    34  effect  on the effective date of this article, the municipality or poli-
    35  tical subdivision or agency thereof shall within the  timeframes  estab-
    36  lished  by  this  act  submit a statement to ORES indicating whether the
    37  proposed facility is designed to be sited, constructed and  operated  in
    38  compliance  with applicable local laws and regulations, if any, concern-
    39  ing the environment, or public health and safety. In the  event  that  a
    40  municipality,  political  subdivision  or  an  agency  thereof submits a
    41  statement to ORES that the proposed  facility  is  not  designed  to  be
    42  sited,  constructed  or operated in compliance with local laws and regu-
    43  lations and ORES determines not to hold an adjudicatory hearing  on  the
    44  application,  ORES  shall  hold a non-adjudicatory public hearing in the
    45  affected municipality or political subdivision.
    46    6. If public comments on a draft permit condition  published  by  ORES
    47  pursuant  to this section, including comments provided by a municipality
    48  or political subdivision or agency thereof, landowners,  or  members  of
    49  the  public,  raise  a  substantive and significant issue, as defined in
    50  regulations adopted pursuant to  this  article,  that  requires  adjudi-
    51  cation,  ORES  shall  promptly fix a date for an adjudicatory hearing to
    52  hear arguments and consider evidence  with  respect  thereto;  provided,
    53  however,  that  with respect to an application for a siting permit for a
    54  major electric transmission facility, any portion  of  which  is  to  be
    55  located  on  the  land  of  a  landowner for which the applicant lacks a
    56  right-of-way agreement, ORES shall provide such landowner with an oppor-

        S. 8308--C                         66                         A. 8808--C
 
     1  tunity to challenge the explanation for the public need  given  in  such
     2  application.   In any such adjudicatory hearing, ORES or the department,
     3  shall designate members of its staff to represent the  public  interest,
     4  including with respect to the application of local and state laws.
     5    7.  Following the expiration of the public comment period set forth in
     6  this section, and following  the  conclusion  of  a  hearing  undertaken
     7  pursuant  to subdivision six of this section, ORES shall, in the case of
     8  a public comment period, issue a written summary of public comments  and
     9  an  assessment  of comments received, and in the case of an adjudicatory
    10  hearing, the executive officer or  any  person  to  whom  the  executive
    11  director  has delegated such authority shall issue a final written hear-
    12  ing report. A final siting permit may only be issued  if  ORES  makes  a
    13  finding  that the proposed project, together with any applicable uniform
    14  and site-specific standards and conditions, would comply with applicable
    15  laws and regulations. In making a final siting permit determination with
    16  respect to a major renewable energy facility or a major electric  trans-
    17  mission  facility, ORES may elect not to apply, in whole or in part, any
    18  local law or ordinance that would otherwise be applicable if it makes  a
    19  finding  that,  as  applied to the proposed facility, it is unreasonably
    20  burdensome in view of the CLCPA targets, the environmental benefits, and
    21  in the case of a transmission facility, the public need for the proposed
    22  project.
    23    8. Notwithstanding any other deadline made applicable by this section,
    24  ORES shall make a final decision on a siting permit within one year from
    25  the date the application was deemed  complete.    Unless  ORES  and  the
    26  applicant have agreed to an extension and if a final siting permit deci-
    27  sion has not been made by ORES within such time period, then such siting
    28  permit  shall  be  deemed  to  have  been  automatically granted for all
    29  purposes set forth in this article and all uniform  conditions  or  site
    30  specific  permit  conditions  issued for public comment shall constitute
    31  enforceable provisions of the siting  permit;  provided,  however,  that
    32  with  respect to a final siting permit decision related to a major elec-
    33  tric transmission facility, any portion of which is to be located on the
    34  land of a landowner for which the applicant lacks an existing  right-of-
    35  way  agreement  and  in  which  ORES has not made a public need determi-
    36  nation, no such permit shall be automatically granted.
    37    9.  For  a  major  electric  transmission  facility  that   would   be
    38  constructed  substantially  within  existing  rights-of-way that possess
    39  existing major  electric  transmission  infrastructure,  the  office  of
    40  renewable  energy  siting and  electric  transmission may include within
    41  its regulations a framework that relieves certain requirements  of  this
    42  article, provided that such relief is reasonable and does not impair any
    43  rights  of  municipalities  established  under  this  article  or  limit
    44  requirements relating to public notice or the finding of public need.
    45    § 144. Powers of municipalities and state agencies and authorities. 1.
    46  Applicants shall, prior to filing an application, conduct meetings  with
    47  the  respective  chief  executive officer of all municipalities in which
    48  the proposed major renewable generation facility or major electric tran-
    49  smission  facility will be located. The applicant shall provide as  part
    50  of  the    application presentation materials and a summary of questions
    51  raised, and responses provided during such meetings with municipalities.
    52  In the event the applicant is unable to secure a meeting with a relevant
    53  municipality the application shall contain a detailed explanation of all
    54  of the applicant's best efforts and reasonable attempts to  secure  such
    55  meeting,  including,  but not limited to, written communications between
    56  the applicant and the municipality.

        S. 8308--C                         67                         A. 8808--C
 
     1    2. Notwithstanding any other provision of law, including without limi-
     2  tation article eight of the environmental conservation law  and  article
     3  VII  of this chapter, no other state agency, department or authority, or
     4  any municipality or political subdivision or  any  agency  thereof  may,
     5  except as expressly authorized under this article or the rules and regu-
     6  lations  promulgated  under this article, require any approval, consent,
     7  permit, certificate, contract, agreement, or  other  condition  for  the
     8  development,  design,  construction,  operation, or decommissioning of a
     9  major renewable energy facility or a major electric transmission facili-
    10  ty with respect to which an application for a  siting  permit  has  been
    11  filed,  provided in the case of a municipality, political subdivision or
    12  an agency thereof, such entity has received notice of the filing of  the
    13  application  therefor.  Notwithstanding the foregoing, the department of
    14  environmental conservation shall be the permitting  agency  for  permits
    15  issued pursuant to federally delegated or federally approved programs.
    16    3.  This  section  shall  not impair or abrogate any federal, state or
    17  local  labor  laws  or  any  otherwise  applicable  state  law  for  the
    18  protection  of  employees engaged in the construction and operation of a
    19  major renewable energy facility or major electric transmission facility.
    20    4. ORES and the  department  shall  monitor,  enforce  and  administer
    21  compliance  with  any  terms and conditions set forth in a siting permit
    22  issued pursuant to this article and in doing so  may  use  and  rely  on
    23  authority otherwise available under this chapter.
    24    § 145. Fees;  local  agency  account. 1. Each application for a siting
    25  permit shall be accompanied by a fee in an amount equal to  the  follow-
    26  ing:
    27    (a)  for  a  major renewable energy facility, one thousand dollars for
    28  each thousand kilowatts of capacity  of  the  proposed  major  renewable
    29  energy facility;
    30    (b)  for a major electric transmission facility of one hundred twenty-
    31  five kilovolts or more extending a distance of over one  hundred  miles,
    32  four hundred fifty thousand dollars;
    33    (c)  for a major electric transmission facility of one hundred twenty-
    34  five kilovolts or more extending a distance of over fifty miles  to  one
    35  hundred miles, three hundred fifty thousand dollars;
    36    (d)  for a major electric transmission facility requiring a new right-
    37  of-way and  one  hundred  twenty-five  kilovolts  or  more  extending  a
    38  distance of ten miles to fifty miles, one hundred thousand dollars; and
    39    (e)  for  a major electric transmission facility utilizing an existing
    40  right-of-way and one hundred twenty-five kilovolts or more  extending  a
    41  distance of ten miles to fifty miles, fifty thousand dollars.
    42    2.  Such fee is to be deposited in an account to be known as the local
    43  agency account established by subdivision seven of former section  nine-
    44  ty-four-c  of  the  executive  law for the benefit of local agencies and
    45  community intervenors by the New York state energy research and develop-
    46  ment authority and maintained in a segregated account in the custody  of
    47  the commissioner of taxation and finance. ORES, in consultation with the
    48  department,  may  update  the  fee  periodically  solely  to account for
    49  inflation. The proceeds of such account shall be disbursed by the office
    50  of renewable energy siting and  electric  transmissions,  in  accordance
    51  with eligibility and procedures established by the rules and regulations
    52  promulgated  by  ORES  or  the department pursuant to this article or in
    53  effect as of the effective date of this article, for  the  participation
    54  of local agencies and community intervenors in public comment periods or
    55  hearing  procedures established by this article, including the rules and
    56  regulations promulgated hereto; provided that fees must be disbursed for

        S. 8308--C                         68                         A. 8808--C

     1  municipalities, political subdivisions or an agency thereof,  to  deter-
     2  mine whether a proposed project is designed to be sited, constructed and
     3  operated in compliance with the applicable local laws and regulations.
     4    3.  All funds so held by the New York state energy research and devel-
     5  opment authority shall be subject to an annual independent audit as part
     6  of such authority's audited financial  statements,  and  such  authority
     7  shall  prepare  an annual report summarizing account balances and activ-
     8  ities for each fiscal year ending March thirty-first  and  provide  such
     9  report  to  the  office  of  renewable energy siting and electric trans-
    10  missions no later than ninety days after  commencement  of  such  fiscal
    11  year and post on the authority's website.
    12    4.  To  the extent an applicant submitted intervenor funds pursuant to
    13  article VII or X of this chapter and has now filed an application for  a
    14  siting  permit pursuant to this article, any amounts held in an interve-
    15  nor account established pursuant to articles VII and X of  this  chapter
    16  for  that project shall be applied to the intervenor account established
    17  by this section.
    18    5. In addition to the fees established pursuant to this section,  ORES
    19  or  the  department,  pursuant  to  regulations adopted pursuant to this
    20  article, may assess a fee on applicants for the  purpose  of  recovering
    21  costs  incurred  by  the  office of renewable energy siting and electric
    22  transmissions; provided, however, that public utilities that are subject
    23  to section eighteen-a of this chapter shall not be assessed  a  fee  for
    24  such costs.
    25    § 146. Judicial  review.  1.  Any  party  aggrieved by the issuance or
    26  denial of a siting permit under this article may seek judicial review of
    27  such decision as provided in this section.
    28    2. A judicial proceeding shall be brought in the third  department  of
    29  the  appellate  division  of the supreme court of the state of New York.
    30  Such proceeding shall be initiated by the filing of a petition  in  such
    31  court  within ninety days after the issuance of a final decision by ORES
    32  together with proof of service of a demand on ORES  to  file  with  said
    33  court a copy of a written transcript of the record of the proceeding and
    34  a  copy  of ORES's decision and opinion. ORES's copy of said transcript,
    35  decision and opinion, shall be available at all reasonable times to  all
    36  parties  for examination without cost. Upon receipt of such petition and
    37  demand ORES shall forthwith deliver to the court a copy  of  the  record
    38  and  a  copy  of ORES's decision and opinion. Thereupon, the court shall
    39  have jurisdiction of the proceeding and shall have the  power  to  grant
    40  such  relief as it deems just and proper, and to make and enter an order
    41  enforcing, modifying and enforcing as so modified, remanding for further
    42  specific evidence or findings or setting aside in whole or in part  such
    43  decision.  The  appeal shall be heard on the record, without requirement
    44  of reproduction, and upon briefs to the court. The findings of  fact  on
    45  which  such  decision  is  based  shall  be  conclusive  if supported by
    46  substantial evidence on the record considered as a whole and matters  of
    47  judicial notice set forth in the opinion. The jurisdiction of the appel-
    48  late  division  of the supreme court shall be exclusive and its judgment
    49  and order shall be final, subject to review by the court of  appeals  in
    50  the  same  manner  and  form  and  with  the same effect as provided for
    51  appeals in a special proceeding. All such proceedings shall be heard and
    52  determined by the appellate division of the supreme  court  and  by  the
    53  court of appeals as expeditiously as possible and with lawful precedence
    54  over all other matters.
    55    3.  The  grounds for and scope of review of the court shall be limited
    56  to whether the decision and opinion of ORES are:

        S. 8308--C                         69                         A. 8808--C
 
     1    (a) In conformity with the constitution, laws and regulations  of  the
     2  state and the United States;
     3    (b)  Supported  by  substantial  evidence in the record and matters of
     4  judicial notice properly considered and applied in the opinion;
     5    (c) Within the statutory jurisdiction or authority  of  ORES  and  the
     6  department;
     7    (d)  Made  in  accordance with procedures set forth in this section or
     8  established by rule or regulation pursuant to this article;
     9    (e) Arbitrary, capricious or an abuse of discretion; or
    10    (f) Made pursuant to a process that afforded meaningful involvement of
    11  citizens affected by the facility or project regardless  of  age,  race,
    12  color, national origin and income.
    13    4.  Except as herein provided article seventy-eight of the civil prac-
    14  tice law and rules shall apply to appeals taken hereunder.
    15    § 147. Farmland protection working group. 1. There is  hereby  created
    16  in the executive department a farmland protection working group consist-
    17  ing of appropriate stakeholders, including but not limited to:
    18    (a) the commissioner of the department of agriculture and markets;
    19    (b) the commissioner of the department of environmental conservation;
    20    (c) the executive director of ORES;
    21    (d) the chief executive officer of the department of public service;
    22    (e)  the  president of the New York state energy research and develop-
    23  ment authority;
    24    (f) local  government  officials  or  representatives  from  municipal
    25  organizations representing towns, villages, and counties; and
    26    (g) representatives from at least two county agricultural and farmland
    27  protection boards.
    28    2. The working group shall, no later than one year after the effective
    29  date  of  this article, recommend strategies to encourage and facilitate
    30  input from municipalities in the siting process of major renewable ener-
    31  gy facilities and major electric transmission facilities and to  develop
    32  recommendations that include approaches to recognize the value of viable
    33  agricultural  land  and  methods to minimize adverse impacts to any such
    34  land resulting from the siting of major renewable energy facilities  and
    35  major electric transmission facilities.
    36    3. The working group, on call of the commissioner of the department of
    37  agriculture  and  markets, shall meet at least three times each year and
    38  at such other times as may be necessary.
    39    § 148. Reports of the office of renewable energy siting  and  electric
    40  transmissions.  No later than one year after the effective date  of this
    41  article and annually thereafter, the office of renewable  energy  siting
    42  and   electric   transmissions shall submit to the  governor, the tempo-
    43  rary president of the senate and the speaker of the  assembly, a  report
    44  on  the activities of such office. The report shall, without limitation,
    45  include:
    46    1. the number of applications received and permits  approved  by  such
    47  office  for  each type of major renewable energy facility or major elec-
    48  tric transmission  facility;
    49    2. description of the project of each permit granted  by  such  office
    50  for the  preceding year including scale, location and capacity;
    51    3. average time taken to make a decision on an application;
    52    4.  the  number  of  cases that require dispute resolution or judicial
    53  review;
    54    5. the executive director's evaluation  of  overall  public  need  for
    55  major  renewable   generation facilities and major electric transmission
    56  facilities;

        S. 8308--C                         70                         A. 8808--C
 
     1    6. the potential adverse environmental impacts  of  the  facility  are
     2  identified    and  addressed  by  the  uniform  standards and conditions
     3  promulgated pursuant to  this article;
     4    7.  the  number and description of projects where site-specific permit
     5  conditions were applied to the facility or where off-site mitigation was
     6  needed;  and
     7    8. total fees collected by such office and any fees collected  specif-
     8  ically for off-site mitigation.
     9    § 12. The public service law is amended by adding a new section 174 to
    10  read as follows:
    11    §  174.  Major  steam electric generating facilities certificates. Any
    12  certificate of environmental compatibility and public need issued  to  a
    13  major  steam  electric generating facility under the former article VIII
    14  of this chapter shall be treated for purposes of compliance and enforce-
    15  ment as if such certificate was issued under this article.
    16    § 13. Subdivision (B) of section 206 of the eminent  domain  procedure
    17  law is amended to read as follows:
    18    (B)  pursuant  to  article VII [or article VIII] of the public service
    19  law it obtained a certificate of environmental compatibility and  public
    20  need or pursuant to article VIII of the public service law it obtained a
    21  siting permit with respect to a major electric transmission facility or;
    22    §  14.  Subparagraph  (g) of paragraph 3 of subdivision (B) of section
    23  402 of the eminent domain procedure law is amended to read as follows:
    24    (g) if the property is to be used for  the  construction  of  a  major
    25  utility  transmission facility, as defined in section one hundred twenty
    26  of the public service law[, or major steam electric generating  facility
    27  as  defined  in  section  one hundred forty of such law] with respect to
    28  which a certificate of environmental compatibility and public  need  has
    29  been  issued  under such law, a statement that such certificate relating
    30  to such property has been issued and is in force, or if the property  is
    31  to be used for the construction of  a major electric transmission facil-
    32  ity,  as  defined  under  article  VIII  of the public service law, with
    33  respect to which a major electric transmission  facility  siting  permit
    34  has been issued under such law, a statement that such permit relating to
    35  such property has been issued and is in force.
    36    §  15.  Subdivision  7 of section 6-106 of the energy law, as added by
    37  chapter 433 of the laws of 2009, is amended to read as follows:
    38    7. Any person who participated in the state energy planning proceeding
    39  or any person who sought an amendment of the state energy plan  pursuant
    40  to  subdivision  six  of  this  section, may obtain, pursuant to article
    41  seventy-eight of the civil practice law and rules,  judicial  review  of
    42  the  board's  decision  adopting a plan, or any amendment thereto, or of
    43  the board's decision not to amend such plan pursuant to subdivision  six
    44  of  this  section.  Any  such special proceeding shall be brought in the
    45  appellate division of the supreme court of the state of New York for the
    46  third judicial department. Such proceeding shall  be  initiated  by  the
    47  filing of a petition in such court within thirty days after the issuance
    48  of  a  decision by the board. The proceeding shall have a lawful prefer-
    49  ence over any other matter, shall be heard on  an  expedited  basis  and
    50  shall  be  completed  in  all respects, including any subsequent appeal,
    51  within one hundred eighty days of the filing of the petition. Where more
    52  than one such petition is filed, the court may provide for consolidation
    53  of the proceedings. Notwithstanding the provisions of [article] articles
    54  seven and eight of the public service law, the procedure  set  forth  in
    55  this  section  shall constitute the exclusive means for seeking judicial
    56  review of any element of the plan.

        S. 8308--C                         71                         A. 8808--C
 
     1    § 16. Paragraph (b) of subdivision 5 of section 8-0111 of the environ-
     2  mental conservation law, as amended by section 1 of part BBB of  chapter
     3  55 of the laws of 2021, is amended to read as follows:
     4    (b) Actions subject to the provisions requiring a certificate of envi-
     5  ronmental  compatibility  and  public  need in articles seven[,] and ten
     6  [and the former article eight] of the public service law or requiring  a
     7  major renewable energy facility or a major electric transmission facili-
     8  ty  siting  permit  under  [section  ninety-four-c of the executive law]
     9  article eight of the public service law; or
    10    § 17. Paragraph (d) of subdivision 2 of section 49-0307 of  the  envi-
    11  ronmental conservation law, as added by chapter 292 of the laws of 1984,
    12  is amended to read as follows:
    13    (d)  where  land  subject to a conservation easement or an interest in
    14  such land is required for a major utility  transmission  facility  which
    15  has  received  a  certificate  of environmental compatibility and public
    16  need pursuant to article seven of the public service law [or is required
    17  for a major steam electric generating  facility  which  has  received  a
    18  certificate  of  environmental compatibility and public need pursuant to
    19  article eight of the public service law]  or  a  major  electric  trans-
    20  mission  facility which has received a siting permit pursuant to article
    21  VIII of the public service law, upon the filing of such  certificate  or
    22  permit in a manner prescribed for recording a conveyance of real proper-
    23  ty  pursuant  to section two hundred ninety-one of the real property law
    24  or any other applicable provision of law.
    25    § 18. Paragraph (e) of subdivision 3 of section 49-0307 of  the  envi-
    26  ronmental  conservation  law,  as  amended by chapter 388 of the laws of
    27  2011, is amended to read as follows:
    28    (e) where land subject to a conservation easement or  an  interest  in
    29  such  land  is  required for a major utility transmission facility which
    30  has received a certificate of  environmental  compatibility  and  public
    31  need pursuant to article seven of the public service law [or is required
    32  for  a  major  steam  electric  generating facility which has received a
    33  certificate of environmental compatibility and public need  pursuant  to
    34  the  former  article  eight of the public service law], a major electric
    35  transmission facility which has received a  siting  permit  pursuant  to
    36  article  VIII  of the public service law, or a major electric generating
    37  facility or repowering project which has received a certificate of envi-
    38  ronmental compatibility and public need pursuant to article ten  of  the
    39  public  service  law, upon the filing of such certificate or permit in a
    40  manner prescribed for recording a conveyance of real  property  pursuant
    41  to  section two hundred ninety-one of the real property law or any other
    42  applicable provision of law, provided that such  certificate  or  permit
    43  contains  a  finding  that  the  public interest in the conservation and
    44  protection of the natural resources, open spaces and  scenic  beauty  of
    45  the Adirondack or Catskill parks has been considered.
    46    §  19. Paragraph (p) of subdivision 27-a of section 1005 of the public
    47  authorities law, as added by section 1 of part QQ of chapter 56  of  the
    48  laws of 2023, is amended to read as follows:
    49    (p)  Nothing in this subdivision or subdivision twenty-seven-b of this
    50  section, shall be construed as  exempting  the  authority,  its  subsid-
    51  iaries,  or any renewable energy generating projects undertaken pursuant
    52  to this section from the requirements of [section ninety-four-c  of  the
    53  executive  law]  article  VIII  of the public service law respecting any
    54  renewable energy system developed  by  the  authority  or  an  authority
    55  subsidiary  after  the effective date of this subdivision that meets the
    56  definition of "major renewable energy facility" as defined  in  [section

        S. 8308--C                         72                         A. 8808--C

     1  ninety-four-c  of  the  executive  law  and section eight of part JJJ of
     2  chapter fifty-eight of the laws of two thousand twenty] article VIII  of
     3  the  public  service  law, as it relates to host community benefits, and
     4  section 11-0535-c of the environmental conservation law as it relates to
     5  an endangered and threatened species mitigation bank fund.
     6    §  20. Section 1014 of the public authorities law, as amended by chap-
     7  ter 388 of the laws of 2011, is amended to read as follows:
     8    § 1014. Public service law not applicable to  authority;  inconsistent
     9  provisions  in  other acts superseded. The rates, services and practices
    10  relating to the generation, transmission, distribution and sale  by  the
    11  authority, of power to be generated from the projects authorized by this
    12  title  shall  not be subject to the provisions of the public service law
    13  nor to regulation by, nor the jurisdiction of the department  of  public
    14  service.  Except  to  the extent article seven of the public service law
    15  applies to the siting and operation  of  a  major  utility  transmission
    16  facility  as  defined  therein,  article  VIII of the public service law
    17  applies to the siting and  operation  of  a  major  electric  generation
    18  facility  or  a major electric transmission facility as defined therein,
    19  and article ten of the public service law applies to  the  siting  of  a
    20  major electric generating facility as defined therein, and except to the
    21  extent section eighteen-a of the public service law provides for assess-
    22  ment of the authority for certain costs relating thereto, the provisions
    23  of  the public service law and of the environmental conservation law and
    24  every other law relating to the department  of  public  service  or  the
    25  public  service  commission or to the environmental conservation depart-
    26  ment or to the functions, powers or duties assigned to the  division  of
    27  water  power  and control by chapter six hundred nineteen of the laws of
    28  nineteen hundred twenty-six, shall so far as is necessary to  make  this
    29  title  effective  in accordance with its terms and purposes be deemed to
    30  be superseded, and wherever any provision  of  law  shall  be  found  in
    31  conflict  with  the  provisions  of  this title or inconsistent with the
    32  purposes thereof, it shall be  deemed  to  be  superseded,  modified  or
    33  repealed as the case may require.
    34    §  21.  Subdivision 1 of section 1020-s of the public authorities law,
    35  as amended by chapter 681 of the laws of 2021, is  amended  to  read  as
    36  follows:
    37    1.  The  rates,  services  and  practices  relating to the electricity
    38  generated by facilities owned or operated by the authority shall not  be
    39  subject to the provisions of the public service law or to regulation by,
    40  or  the  jurisdiction  of,  the public service commission, except to the
    41  extent (a) article seven of the public service law applies to the siting
    42  and operation of a major utility transmission facility as defined there-
    43  in, (b) article VIII of the public service law applies to the siting and
    44  operation of a major electric generation facility or  a  major  electric
    45  transmission  facility  as  defined therein, (c) article ten of such law
    46  applies to the siting of a generating facility as defined therein, [(c)]
    47  (d) section eighteen-a of such law provides for assessment  for  certain
    48  costs,  property or operations, [(d)] (e) to the extent that the depart-
    49  ment of public service reviews and makes recommendations with respect to
    50  the operations and provision of  services  of,  and  rates  and  budgets
    51  established  by,  the authority pursuant to section three-b of such law,
    52  [(e)] (f) that section seventy-four of the public service law applies to
    53  qualified energy storage systems within  the  authority's  jurisdiction,
    54  and  [(f)]  (g)  that  section  seventy-four-b of the public service law
    55  applies to Long Island community choice aggregation programs.

        S. 8308--C                         73                         A. 8808--C
 
     1    § 22. Paragraph (b) of subdivision 1 of section 1020-ii of the  public
     2  authorities  law,  as  amended  by  chapter  201 of the laws of 2019, is
     3  amended to read as follows:
     4    (b)  "utility  transmission  facility" means any electric transmission
     5  line operating at sixty-five kilovolts or higher in  the  service  area,
     6  including  associated  equipment.  It shall not include any transmission
     7  line which is an in-kind replacement or which is located  wholly  under-
     8  ground.  This  section also shall not apply to any major [utility] elec-
     9  tric transmission facility subject to the jurisdiction of article  seven
    10  of the public service law; and
    11    §  23.  Paragraph  c  of subdivision 8 of section 1020-c of the public
    12  authorities law, as amended by chapter 388  of  the  laws  of  2011,  is
    13  amended to read as follows:
    14    c.  [Article] Articles seven and eight of the public service law shall
    15  apply to the authority's siting and operation of a major electric trans-
    16  mission facility as therein  defined  and  article  ten  of  the  public
    17  service  law  shall  apply  to the authority's siting and operation of a
    18  major electric generating facility as therein defined.
    19    § 24. Subdivision 4 of section 18-a of  the  public  service  law,  as
    20  amended  by  chapter  447  of  the  laws  of 1972, is amended to read as
    21  follows:
    22    4. In the case of the power authority of the state of  New  York,  the
    23  [chairman]  chairperson  of  the department shall ascertain from time to
    24  time, but not less than once in each fiscal year, all direct  and  indi-
    25  rect costs of investigating requests by the power authority of the state
    26  of  New  York  to  establish  new, major [utility] electric transmission
    27  facilities [as defined in article  seven  of  this  chapter]  and  major
    28  renewable  energy facilities or to establish new, major [steam] electric
    29  generating facilities [as defined in article eight of this chapter]. The
    30  [chairman] chairperson shall for each  such  investigation  assess  such
    31  costs  against  the  power authority of the state of New York. Bills for
    32  such an investigation may be rendered from time to time,  but  not  less
    33  than  once  in  each  fiscal year, and the amount of such bills shall be
    34  paid by the power authority of the state of New York to  the  department
    35  within thirty days from the date of rendition.
    36    § 25. Subdivision 2 of section 160 of the public service law, as added
    37  by chapter 388 of the laws of 2011, is amended to read as follows:
    38    2.  "Major  electric generating facility" means an electric generating
    39  facility with a nameplate generating capacity  of  twenty-five  thousand
    40  kilowatts or more, including interconnection electric transmission lines
    41  that  are  not  subject to review under article VIII of this chapter and
    42  fuel gas transmission lines that are not subject to review under article
    43  seven of this chapter.
    44    § 26. Paragraph (e) of subdivision 4 of  section  162  of  the  public
    45  service law, as added by section 3 of part JJJ of chapter 58 of the laws
    46  of 2020, is amended to read as follows:
    47    (e)  To  a  major renewable energy facility as such term is defined in
    48  [section ninety-four-c of the executive law] article VIII of this  chap-
    49  ter;  provided,  however, that any person intending to construct a major
    50  renewable energy facility,  that  has  a  draft  pre-application  public
    51  involvement  program plan pursuant to section one hundred sixty-three of
    52  this article and the regulations implementing  this  article,  which  is
    53  pending with the siting board as of the effective date of this paragraph
    54  may remain subject to the provisions of this article or, may, by written
    55  notice  to  the  secretary of the commission, elect to become subject to

        S. 8308--C                         74                         A. 8808--C
 
     1  the provisions of [section ninety-four-c of the executive  law]  article
     2  VIII of this chapter.
     3    § 27. Subdivision 3 of section 11-103 of the energy law, as amended by
     4  chapter 374 of the laws of 2022, is amended to read as follows:
     5    3.  Notwithstanding  any  other  provision  of  law,  the  state  fire
     6  prevention and building code council  in  accordance  with  the  mandate
     7  under  this  article shall have exclusive authority among state agencies
     8  to promulgate a  construction  code  incorporating  energy  conservation
     9  features and clean energy features applicable to the construction of any
    10  building,  including  but  not  limited to greenhouse gas reduction. Any
    11  other code, rule or regulation heretofore promulgated or enacted by  any
    12  other state agency, incorporating specific energy conservation and clean
    13  energy  requirements  applicable  to  the  construction of any building,
    14  shall be superseded by the code promulgated pursuant  to  this  section.
    15  Notwithstanding  the  foregoing, nothing in this section shall be deemed
    16  to expand the powers of the council to include matters that  are  exclu-
    17  sively  within  the statutory jurisdiction of the public service commis-
    18  sion, the department  of  environmental  conservation,  [the  office  of
    19  renewable energy siting] or another state entity.
    20    §  28. Paragraph (d) of subdivision 27-a of section 1005 of the public
    21  authorities law, as added by section 1 of part QQ of chapter 56  of  the
    22  laws of 2023, is amended to read as follows:
    23    (d)  No later than one hundred eighty days after the effective date of
    24  this subdivision, and annually thereafter, the  authority  shall  confer
    25  with  the New York state energy research and development authority, [the
    26  office of renewable energy siting,] the department  of  public  service,
    27  climate  and  resiliency experts, labor organizations, and environmental
    28  justice and community organizations concerning the state's  progress  on
    29  meeting the renewable energy goals established by the climate leadership
    30  and community protection act. When exercising the authority provided for
    31  in  paragraph (a) of this subdivision, the information developed through
    32  such conferral shall be used to identify projects to  help  ensure  that
    33  the  state  meets  its  goals under the climate leadership and community
    34  protection act. Any conferral  provided  for  in  this  paragraph  shall
    35  include  consideration  of the timing of projects in the interconnection
    36  queue of the federally designated electric bulk system operator for  New
    37  York  state,  taking  into  account  both  capacity  factors  or planned
    38  projects and the interconnection queue's historical completion  rate.  A
    39  report  on  the  information  developed  through such conferral shall be
    40  published and made accessible on the website of the authority.
    41    § 29. Subparagraph (i) of paragraph (e) of subdivision 27-a of section
    42  1005 of the public authorities law, as added by section 1 of part QQ  of
    43  chapter 56 of the laws of 2023, is amended to read as follows:
    44    (i)  Beginning  in two thousand twenty-five, and biennially thereafter
    45  until two thousand thirty-three, the authority, in consultation with the
    46  New York state energy research and development authority, [the office of
    47  renewable energy siting,] the department  of  public  service,  and  the
    48  federally  designated  electric bulk system operator for New York state,
    49  shall develop and publish biennially a renewable energy generation stra-
    50  tegic plan ("strategic  plan")  that  identifies  the  renewable  energy
    51  generating  priorities  based on the provisions of paragraph (a) of this
    52  subdivision for the two-year period  covered  by  the  plan  as  further
    53  provided for in this paragraph.
    54    § 30. The public service commission shall commence a proceeding within
    55  ninety  days  of  the effective date of this act to review the cause and
    56  extent of any delays to interconnection of distributed energy resources.

        S. 8308--C                         75                         A. 8808--C
 
     1  This proceeding shall consider metrics related to the  timely  intercon-
     2  nection of distributed generation resources into the distribution system
     3  owned by an electric corporation, as well as revenue adjustments related
     4  to such metrics.
     5    § 31. Subdivisions 1 and 3 of section 224-d of the labor law, subdivi-
     6  sion 1 as separately amended by chapters 372 and 375 of the laws of 2022
     7  and  subdivision 3 as added by section 2 of part AA of chapter 56 of the
     8  laws of 2021,  are amended to read as follows:
     9    1. For purposes of this section, a "covered renewable  energy  system"
    10  means  (a) a renewable energy system, as such term is defined in section
    11  sixty-six-p of the public service law, with a capacity of  one  or  more
    12  megawatts  alternating  current  and  which  involves the procurement of
    13  renewable energy credits by a public entity, or a company or corporation
    14  provided in subdivisions twenty-three and twenty-four of section two  of
    15  the  public  service  law, or a third party acting on behalf and for the
    16  benefit of a public entity; [or] (b) any  "thermal  energy  network"  as
    17  defined  by subdivision twenty-nine of section two of the public service
    18  law; (c)   any offshore wind supply chain  project,  including  but  not
    19  limited   to   port  infrastructure,  primary  component  manufacturing,
    20  finished component manufacturing, subassembly  manufacturing,  subcompo-
    21  nent  manufacturing, or raw material producers, or a combination thereof
    22  receiving direct funding from the New York  state  energy  research  and
    23  development authority pursuant to an award under a New York state energy
    24  research and development authority solicitation; or (d) a "major utility
    25  transmission  facility"  as  such term is defined by section one hundred
    26  twenty of the public service law.
    27    3. For purposes of this section, a  covered  renewable  energy  system
    28  shall  exclude  construction  work performed under a pre-hire collective
    29  bargaining agreement between an owner or  contractor  and  a  bona  fide
    30  building and construction trade labor organization which has established
    31  itself,  and/or  its  affiliates, as the collective bargaining represen-
    32  tative for all persons who will perform work  on  such  a  project,  and
    33  which  provides that only contractors and subcontractors who sign a pre-
    34  negotiated agreement with the labor organization  can  perform  work  on
    35  such  a  project[,  or  construction  work performed under a labor peace
    36  agreement, project labor  agreement,  or  any  other  construction  work
    37  performed  under an enforceable agreement between an owner or contractor
    38  and a bona fide building  and  construction  trade  labor  organization]
    39  provided,  however,  this  subdivision  shall  not  apply to any covered
    40  renewable energy systems defined in paragraph (d) of subdivision one  of
    41  this section.
    42    § 32. Subdivision 3 and paragraph (a) of subdivision 4 of section 66-r
    43  of the public service law, as added by section 2-a of part AA of chapter
    44  56  of  the laws of 2021, are amended and a new subdivision 1-a is added
    45  to read as follows:
    46    1-a. For the purposes of this  section,  an  "other  covered  project"
    47  means:  (a) any "thermal energy network" as defined by subdivision twen-
    48  ty-nine of section two of this chapter; (b)  any  offshore  wind  supply
    49  chain project, including but not limited to port infrastructure, primary
    50  component  manufacturing,  finished component manufacturing, subassembly
    51  manufacturing, subcomponent manufacturing, or raw material producers, or
    52  a combination thereof receiving direct funding from the New  York  state
    53  energy  research  and development authority pursuant to an award under a
    54  New York state energy research and development  authority  solicitation;
    55  or  (c)  a "major utility transmission facility" as such term is defined

        S. 8308--C                         76                         A. 8808--C
 
     1  by section one hundred twenty of this chapter or "major electric  trans-
     2  mission facility" as defined by article VIII of this chapter.
     3    3.  The commission shall require that the owner of the covered renewa-
     4  ble energy system or other covered project, or a third party  acting  on
     5  the  owner's  behalf,  as  an  ongoing condition of any renewable energy
     6  credits agreement with a public entity, shall stipulate  to  the  fiscal
     7  officer  that  it will enter into [a] labor peace [agreement] agreements
     8  with [at least one] any bona  fide  labor  [organization]  organizations
     9  that  either  [where  such bona fide labor organization is] are actively
    10  representing employees providing necessary  operations  and  maintenance
    11  services  for  the renewable energy system at the time of such agreement
    12  or [upon]  provides notice [by a bona fide labor organization]  that  it
    13  is  attempting  to represent any employees in any titles who provide, or
    14  who will provide, necessary operations and maintenance services for  the
    15  renewable  energy  system employed in the state; provided, however, this
    16  subdivision shall not apply to any covered projects defined in paragraph
    17  (c) of subdivision one-a of this section.   The maintenance  of  such  a
    18  labor  peace  agreement, or agreements, which cover all classes of oper-
    19  ations and maintenance employees, shall be an ongoing material condition
    20  of any continuation of payments under a renewable energy credits  agree-
    21  ment.  For  purposes  of  this  section "labor peace agreement" means an
    22  agreement between an entity and labor organization that, at  a  minimum,
    23  protects  the  state's proprietary interests by prohibiting labor organ-
    24  izations  and  members  from  engaging  in  picketing,  work  stoppages,
    25  boycotts,  and any other economic interference with the relevant renewa-
    26  ble energy system. "Renewable energy credits agreement" shall  mean  any
    27  public  entity  contract  that  provides  production-based payments to a
    28  renewable energy project as defined in this section.
    29    (a) Any public entity,  in  each  contract  for  construction,  recon-
    30  struction,  alteration,  repair, improvement or maintenance of a covered
    31  renewable energy system which involves the procurement  of  a  renewable
    32  energy  credits agreement by a public entity, or a third party acting on
    33  behalf and for the benefit of a public entity, the "public work" for the
    34  purposes of this subdivision, shall  ensure  that  such  contract  shall
    35  contain  a  provision  that  the  iron  and  [structural]  steel used or
    36  supplied in the performance of the contract or any  subcontract  thereto
    37  [and  that  is  permanently incorporated into the public work,] shall be
    38  produced or made in whole or substantial part in the United States,  its
    39  territories  or  possessions.  In  the case of [a structural] an iron or
    40  [structural] steel product all manufacturing  must  take  place  in  the
    41  United States, from the initial melting stage through the application of
    42  coatings,  except  metallurgical  processes  involving the refinement of
    43  steel additives. [For the purposes  of  this  subdivision,  "permanently
    44  incorporated"  shall  mean  an iron or steel product that is required to
    45  remain in place at the end of the project contract, in a fixed location,
    46  affixed to the public work to which it was incorporated. Iron and  steel
    47  products  that  are  capable of being moved from one location to another
    48  are not permanently incorporated into a public work.]
    49    § 33. Section 11-0535-c  of  the  environmental  conservation  law  is
    50  amended by  adding a new subdivision 6 to read as follows:
    51    6.  The commissioner shall annually report to the department of public
    52  service, the governor, the temporary president of  the  senate  and  the
    53  speaker  of  the assembly on the status of the fund and all monies added
    54  to and expended from the fund.
    55    § 34. This act shall take effect immediately and  sections  one,  two,
    56  three,  four,  five, six, seven, eight, nine, ten, eleven, twelve, thir-

        S. 8308--C                         77                         A. 8808--C
 
     1  teen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty,
     2  twenty-one, twenty-two, twenty-three, twenty-four, twenty-five,  twenty-
     3  six, twenty-seven, twenty-eight, twenty-nine, thirty and thirty-three of
     4  this  act    shall expire December 31, 2040 when upon such date this act
     5  shall be deemed repealed; provided, that the amendments to paragraph (e)
     6  of subdivision 4 of section 162  of  the  public  service  law  made  by
     7  section twenty-six of this act shall not affect the repeal of such para-
     8  graph  and  shall  be deemed repealed therewith; provided, further, that
     9  sections thirty-one and thirty-two of this act shall take effect   Janu-
    10  ary  1,  2025  and shall apply to any covered renewable energy system as
    11  defined in section 224-d of the labor law and other covered  project  as
    12  defined in section 66-r of the public service law, respectively, awarded
    13  a contract pursuant to an advertisement or solicitation of a request for
    14  proposal,  invitation for bid, or solicitation of proposal, or any other
    15  method provided for by law or regulation for soliciting a  response  for
    16  offerors  intending  to  result in a contract that is issued on or after
    17  the effective date of this act.
 
    18                                   PART P
 
    19                            Intentionally Omitted
 
    20                                   PART Q
 
    21    Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
    22  laws  of  2024  to  the  department  of agriculture and markets from the
    23  special  revenue  funds-other/state  operations,  miscellaneous  special
    24  revenue  fund-339,  public  service  account  shall  be  subject  to the
    25  provisions of this section. Notwithstanding any other provision  of  law
    26  to the contrary, direct and indirect expenses relating to the department
    27  of   agriculture   and  markets'  participation  in  general  ratemaking
    28  proceedings pursuant to section 65 of the public service law or  certif-
    29  ication proceedings or permits issued pursuant to article 7, 8, or 10 of
    30  the  public  service  law, shall be deemed expenses of the department of
    31  public service within the meaning of section 18-a of the public  service
    32  law. No later than August 15th, 2025, the commissioner of the department
    33  of  agriculture and markets shall submit an accounting of such expenses,
    34  including, but not limited to, expenses in the prior state  fiscal  year
    35  for personal and non-personal services and fringe benefits, to the chair
    36  of  the public service commission for the chair's review pursuant to the
    37  provisions of section 18-a of the public service law.
    38    § 2. Expenditures of moneys appropriated to the  department  of  state
    39  from  the  special  revenue  funds-other/state operations, miscellaneous
    40  special revenue fund-339, public service account shall be subject to the
    41  provisions of this section.  Notwithstanding any other provision of  law
    42  to the contrary, direct and indirect expenses relating to the activities
    43  of  the  department  of  state's  utility  intervention unit pursuant to
    44  subdivision 4 of section 94-a of the executive law, including,  but  not
    45  limited  to  participation in general ratemaking proceedings pursuant to
    46  section 65 of the public service law  or  certification  proceedings  or
    47  permits  issued  pursuant  to  article 7, 8, or 10 of the public service
    48  law, shall be deemed expenses of the department of public service within
    49  the meaning of section 18-a of the public service law.   No  later  than
    50  August  15th, 2025, the secretary of state shall submit an accounting of
    51  such expenses, including, but not limited  to,  expenses  in  the  prior

        S. 8308--C                         78                         A. 8808--C
 
     1  state  fiscal  year  for  personal  and non-personal services and fringe
     2  benefits, to the chair of the public service commission for the  chair's
     3  review  pursuant to the provisions of section 18-a of the public service
     4  law.
     5    §  3.  Expenditures  of  moneys  appropriated  to the office of parks,
     6  recreation and historic preservation from  the  special  revenue  funds-
     7  other/state  operations,  miscellaneous special revenue fund-339, public
     8  service account shall be subject to  the  provisions  of  this  section.
     9  Notwithstanding  any  other provision of law to the contrary, direct and
    10  indirect expenses relating  to  the  office  of  parks,  recreation  and
    11  historic  preservation's participation in general ratemaking proceedings
    12  pursuant to section 65  of  the  public  service  law  or  certification
    13  proceedings  or  permits  issued  pursuant to article 7, 8, or 10 of the
    14  public service law, shall be deemed expenses of the department of public
    15  service within the meaning of section 18-a of the public service law. No
    16  later than August 15th, 2025, the commissioner of the office  of  parks,
    17  recreation  and historic preservation shall submit an accounting of such
    18  expenses, including, but not limited to, expenses  in  the  prior  state
    19  fiscal  year for personal and non-personal services and fringe benefits,
    20  to the chair of the public service commission  for  the  chair's  review
    21  pursuant to the provisions of section 18-a of the public service law.
    22    § 4. Expenditures of moneys appropriated to the department of environ-
    23  mental  conservation  from  the  special revenue funds-other/state oper-
    24  ations, environmental conservation  special  revenue  fund-301,  utility
    25  environmental  regulation  account shall be subject to the provisions of
    26  this section. Notwithstanding any other provision of law to the  contra-
    27  ry,  direct and indirect expenses relating to the department of environ-
    28  mental conservation's participation in state energy policy  proceedings,
    29  or certification proceedings or permits issued pursuant to article 7, 8,
    30  or 10 of the public service law, shall be deemed expenses of the depart-
    31  ment  of public service within the meaning of section 18-a of the public
    32  service law. No later than August 15th, 2025, the  commissioner  of  the
    33  department  of  environmental conservation shall submit an accounting of
    34  such expenses, including, but not limited  to,  expenses  in  the  prior
    35  state  fiscal  year  for  personal  and non-personal services and fringe
    36  benefits, to the chair of the public service commission for the  chair's
    37  review  pursuant to the provisions of section 18-a of the public service
    38  law.
    39    § 5. Notwithstanding any other law, rule or regulation to the  contra-
    40  ry,  expenses  of  the  department  of  health  public service education
    41  program incurred pursuant to appropriations from  the  cable  television
    42  account of the state miscellaneous special revenue funds shall be deemed
    43  expenses of the department of public service. No later than August 15th,
    44  2025,  the  commissioner  of  the  department  of health shall submit an
    45  accounting of expenses in the prior state fiscal year to  the  chair  of
    46  the  public  service  commission  for the chair's review pursuant to the
    47  provisions of section 217 of the public service law.
    48    § 6. Any expense deemed to be expenses of  the  department  of  public
    49  service  pursuant  to sections one through four of this act shall not be
    50  recovered through assessments imposed  upon  telephone  corporations  as
    51  defined in subdivision 17 of section 2 of the public service law.
    52    §  7.  This  act  shall take effect immediately and shall be deemed to
    53  have been in full force and effect on and after April 1, 2024 and  shall
    54  expire and be deemed repealed April 1, 2025.
 
    55                                   PART R

        S. 8308--C                         79                         A. 8808--C
 
     1                            Intentionally Omitted
 
     2                                   PART S
 
     3    Section  1.  Subdivision  3  of  section  54-1511 of the environmental
     4  conservation law, as added by section 5 of part U of chapter 58  of  the
     5  laws of 2016, is amended to read as follows:
     6    3.  State  assistance  payments  shall not exceed fifty percent of the
     7  project cost or two million dollars, whichever is less, provided however
     8  if a municipality meets criteria established by the department  relating
     9  to  either  financial  hardship or disadvantaged communities pursuant to
    10  section 75-0101 of this chapter, the commissioner  may  authorize  state
    11  assistance  payments  of up to eighty percent of the project cost or two
    12  million dollars, whichever is less. Such  costs  are  subject  to  final
    13  computation and determination by the commissioner upon completion of the
    14  project, and shall not exceed the maximum eligible cost set forth in the
    15  contract.    A  determination  of  financial  hardship shall be based on
    16  criteria that clearly indicates that the  municipality  is  experiencing
    17  significant  and  widespread  financial distress, with primary consider-
    18  ation given to whether a municipality has a median household  income  at
    19  or below eighty percent of the state median household income.
    20    §  2.  This  act  shall take effect immediately and shall be deemed to
    21  have been in full force and effect on and after April 1, 2024.
 
    22                                   PART T

    23    Section 1. Section 72-0302 of the environmental conservation  law,  as
    24  amended  by  chapter  608  of the laws of 1993, the opening paragraph of
    25  subdivision 1 and the closing paragraph as amended by chapter 432 of the
    26  laws of 1997, and paragraph (e) of subdivision 1 as  amended  and  para-
    27  graphs  (f) and (g) of subdivision 1 as relettered by chapter 170 of the
    28  laws of 1994, is amended to read as follows:
    29  § 72-0302. State air quality control fees.
    30    1. All persons, except those required  to  pay  a  fee  under  section
    31  72-0303  of  this  [article] title, who are required to obtain a permit,
    32  [certificate] registration or approval pursuant to the state air quality
    33  control program and the rules and regulations adopted by the  department
    34  hereunder  shall submit to the department a per emission point fee in an
    35  amount established as follows:
    36    a. $11,000.00 for a stationary combustion installation having a  maxi-
    37  mum  operating heat input equal to or greater than fifty million British
    38  thermal units per hour as stated on the most recent  application  for  a
    39  permit  [to  construct or application for a certificate] or registration
    40  to operate and which emits or has the potential  to  emit  equal  to  or
    41  greater than any one of the following:
    42    (i)  one hundred tons per year of oxides of nitrogen, or if located in
    43  a severe ozone nonattainment area, twenty-five tons per year; or
    44    (ii) one hundred tons per year of sulfur dioxide; or
    45    (iii) one hundred tons per year of particulates.
    46    b. $2,000.00 for all stationary combustion installations which are not
    47  included under paragraph a of this subdivision and which have a  maximum
    48  operating  heat  input  greater than fifty million British thermal units
    49  per hour as stated on the most recent application  for  a  [certificate]
    50  permit or registration to operate.

        S. 8308--C                         80                         A. 8808--C
 
     1    c.  $100.00  for a stationary combustion installation having a maximum
     2  operating heat input less than fifty million British thermal  units  per
     3  hour as stated on the most recent application for a [certificate] permit
     4  or registration to operate.
     5    d.  $2,000.00  for  a  process  air contamination source for an annual
     6  emission rate equal to or greater than twenty-five tons per year of  any
     7  one  of  the following: sulfur dioxide, nitrogen dioxide, total particu-
     8  lates, carbon monoxide,  total  volatile  organic  compounds  and  other
     9  specific  air contaminants. The annual emission rate shall be the actual
    10  annual emission rate as stated on the  most  recent  application  for  a
    11  permit [to construct] or [application for a certificate] registration to
    12  operate.    In the event that hours of operation have not been specified
    13  on the [applications] application then maximum possible hours of  opera-
    14  tion (8760 hours) will be used to calculate actual annual emissions.
    15    e.  $160.00  for a process air contamination source, except a gasoline
    16  [dispencing] dispensing site, for an  annual  emission  rate  less  than
    17  twenty-five  tons  per year of any one of the following: sulfur dioxide,
    18  nitrogen dioxide, total particulates, carbon  monoxide,  total  volatile
    19  organic  compounds and other specific air contaminants. The annual emis-
    20  sion rate shall be the actual annual emission rate as applied for on the
    21  most recent application for a permit [to construct or application for  a
    22  certificate]  or  registration  to  operate.  In the event that hours of
    23  operation have not been specified on the [applications] application then
    24  maximum possible hours of operation (8760 hours) will be used to  calcu-
    25  late actual annual emissions.
    26    f.  $2,000.00  for  an  incinerator  capable  of charging two thousand
    27  pounds of refuse per hour or greater.  The  charging  capacity  will  be
    28  established  in  accordance  with  the  application  for the most recent
    29  permit [to construct or application for a certificate]  or  registration
    30  to  operate the incinerator source and will be calculated on an emission
    31  point basis.
    32    g. $160.00 for an incinerator with a maximum  design  charge  rate  of
    33  less  than two thousand pounds of refuse per hour. The charging capacity
    34  will be established in accordance with  the  application  for  the  most
    35  recent  permit [to construct or application for a certificate] or regis-
    36  tration to operate the incinerator source and will be calculated  on  an
    37  emission point basis.
    38    Provided,  however,  that  where  a  city  or  county is delegated the
    39  authority to administer the state air quality control  program,  or  any
    40  portion  thereof,  pursuant to paragraph p of subdivision two of section
    41  3-0301 of this chapter and  such  city  or  county  collects  a  fee  in
    42  connection  with the issuance of a permit, [certificate] registration or
    43  approval [for a combustion  installation,  incinerator  or  process  air
    44  contamination source] pursuant to the state air quality control program,
    45  no additional liability for fees under this section shall accrue for the
    46  particular  combustion  installation, incinerator or process air contam-
    47  ination source that is subject to the delegation.
    48    § 2. Subdivisions 1 and 2 of  section  72-0303  of  the  environmental
    49  conservation  law,  subdivision  1  as amended by section 1 of part D of
    50  chapter 413 of the laws of 1999, the opening paragraph of subdivision  1
    51  as  amended by section 1 of part Y of chapter 58 of the laws of 2015 and
    52  subdivision 2 as added by chapter 608 of the laws of 1993,  are  amended
    53  to read as follows:
    54    1.  Commencing  January first, two thousand [fifteen] twenty-seven and
    55  every year thereafter, all sources of regulated air contaminants identi-
    56  fied pursuant to subdivision one of  section  19-0311  of  this  chapter

        S. 8308--C                         81                         A. 8808--C
 
     1  shall  submit  to the department an annual base fee of [two] eight thou-
     2  sand five hundred dollars per facility.  This base fee shall be in addi-
     3  tion to the fees listed below.    Commencing  January  first,  [nineteen
     4  hundred   ninety-four]   two   thousand   twenty-seven  and  every  year
     5  thereafter, all sources of regulated air contaminants identified  pursu-
     6  ant  to  subdivision one of section 19-0311 of this chapter shall submit
     7  to the department an annual fee not to exceed the per ton fees described
     8  below. The per ton fee is assessed on each ton of emissions [up to seven
     9  thousand tons annually] of each regulated air  contaminant  as  follows:
    10  [sixty]  two hundred dollars per ton for facilities with total emissions
    11  less than one thousand tons annually; [seventy] two hundred  twenty-five
    12  dollars  per  ton for facilities with total emissions of one thousand or
    13  more but less than two thousand  tons  annually;  [eighty]  two  hundred
    14  fifty  dollars  per ton for facilities with total emissions of two thou-
    15  sand or more but less than five thousand  tons  annually;  and  [ninety]
    16  three  hundred  dollars  per  ton for facilities with total emissions of
    17  five thousand or more tons annually.  Such [fee] fees  shall  be  suffi-
    18  cient  to  support  an appropriation approved by the legislature for the
    19  direct and indirect costs associated with the operating  permit  program
    20  established in section 19-0311 of this chapter. Such [fee] fees shall be
    21  established  by  the  department and shall be calculated by dividing the
    22  amount of the current  year  appropriation  from  the  operating  permit
    23  program  account of the clean air fund by the total tons of emissions of
    24  regulated air contaminants, including hazardous air pollutants, that are
    25  subject to the operating permit program fees from sources subject to the
    26  operating permit program pursuant to section 19-0311 of this chapter [up
    27  to seven thousand tons annually of each regulated air  contaminant  from
    28  each  source]; provided that, in making such calculation, the department
    29  shall adjust their calculation to account for any deficit or surplus  in
    30  the  operating  permit program account of the clean air fund established
    31  pursuant to section ninety-seven-oo of the state finance law[; any  loan
    32  repayment  from  the  mobile source account of the clean air fund estab-
    33  lished pursuant to section ninety-seven-oo of the  state  finance  law;]
    34  and the rate of collection by the department of the bills issued for the
    35  [fee] fees for the prior year.
    36    Notwithstanding  the  provisions of the state administrative procedure
    37  act, such calculation and [fee] fees shall be established as a  rule  by
    38  publication  in  the  Environmental Notice Bulletin no later than thirty
    39  days after the budget bills making appropriations  for  the  support  of
    40  government  are  enacted  or July first, whichever is later, of the year
    41  such [fee] fees will be effective. In no  event  shall  the  [fee]  fees
    42  established herein be any greater than the maximum fee identified pursu-
    43  ant to this section.
    44    2.  Bills  issued for the [fee] fees established by subdivision one of
    45  this section shall be based on actual emissions for the  prior  calendar
    46  year,  as  demonstrated  to  the  department's  satisfaction,  or in the
    47  absence of such demonstration, on permitted emissions, or,  where  there
    48  is  no permit, on potential to emit. Persons required to submit an emis-
    49  sions statement to the department shall use  such  statement  to  demon-
    50  strate actual emissions under this section.
    51    §  3.  Subdivision 7 of section 72-0303 of the environmental conserva-
    52  tion law is REPEALED.
    53    § 4. Subdivisions 8, 9 and 10 of section 72-0303 of the  environmental
    54  conservation law are renumbered subdivisions 7, 8 and 9.
    55    §  5.  Paragraph  c  of  subdivision  2  of section 97-oo of the state
    56  finance law, as added by chapter 608 of the laws of 1993, is REPEALED.

        S. 8308--C                         82                         A. 8808--C
 
     1    § 6. The environmental conservation law is amended  by  adding  a  new
     2  section 19-0328 to read as follows:
     3  § 19-0328. Ozone non-attainment fee programs.
     4    1.  The  department may implement new or revise existing regulatory or
     5  permitting fee programs only to the  extent  necessary  to  comply  with
     6  section 7511d of the Act related to the non-attainment of national ambi-
     7  ent air quality standards.
     8    2.  Fees  imposed pursuant to subdivision one of this section shall be
     9  calculated in the manner set forth in the Act.
    10    3. The department shall further establish by rule or rules  additional
    11  procedures  to  the extent necessary for assessment of and collection of
    12  such fees that shall ensure sufficient notice, fee amounts  and  compli-
    13  ance information are given to affected parties.
    14    4.  Moneys received pursuant to this section shall be deposited in the
    15  air quality improvement fund as established in section ninety-nine-rr of
    16  the state finance law.
    17    § 7. The state finance law is amended by adding a new section 99-rr to
    18  read as follows:
    19    § 99-rr. Air quality improvement fund. 1. There is hereby  established
    20  in the joint custody of the comptroller and the commissioner of taxation
    21  and finance a fund to be known as the "air quality improvement fund".
    22    2.  Such fund shall consist of revenues received by the state pursuant
    23  to section 19-0328 of the environmental conservation law and  all  other
    24  moneys,  appropriated,  credited,  or transferred thereto from any other
    25  fund or source pursuant to law.
    26    3. All moneys of the air quality improvement fund, following appropri-
    27  ation by the legislature, shall be made available for  the  purposes  of
    28  reducing  air  pollution  and  improving  or  enhancing  air  quality in
    29  affected communities, including but not limited to: (a) measures related
    30  to achieving the  national  ambient  air  quality  standards,  including
    31  community  level  projects  to  reduce  or  eliminate air pollution from
    32  stationary and/or mobile sources of air pollution; and  (b)  investments
    33  which  are  consistent  with  the  strategies  and  community  emissions
    34  reduction programs prepared pursuant to section 75-0115 of the  environ-
    35  mental  conservation law. Any moneys expended from the fund shall ensure
    36  that disadvantaged  communities,  as  defined  in  subdivision  five  of
    37  section  75-0101  of the environmental conservation law, receive overall
    38  benefits that approximate the proportion of disadvantaged communities in
    39  the applicable federally designated area of nonattainment in  New  York,
    40  provided  that  such communities shall not receive less than thirty-five
    41  percent of the benefit of such funds.
    42    4. Moneys shall be payable from the fund on the audit and  warrant  of
    43  the  comptroller  on vouchers approved and certified by the commissioner
    44  of environmental conservation.
    45    § 8. This act shall take effect immediately and  shall  be  deemed  to
    46  have been in full force and effect on and after April 1, 2024; provided,
    47  however,  if  this  act  shall have become a law after such date then it
    48  shall take effect immediately and shall be deemed to have been in   full
    49  force  and  effect  on  and after April 1, 2024; provided, however, that
    50  sections one, three, four, and five of this act shall take effect  Janu-
    51  ary 1, 2025; and provided further, however, that section two of this act
    52  shall take effect January 1, 2027.
 
    53                                   PART U
 
    54                            Intentionally Omitted

        S. 8308--C                         83                         A. 8808--C
 
     1                                   PART V
 
     2    Section  1. Section 2 of chapter 584 of the laws of 2011, amending the
     3  public authorities law relating to the powers and duties of the dormito-
     4  ry authority of the state of New York relative to the  establishment  of
     5  subsidiaries for certain purposes, as amended by section 1 of part DD of
     6  chapter 58 of the laws of 2022, is amended to read as follows:
     7    §  2.  This  act shall take effect immediately and shall expire and be
     8  deemed repealed on July 1, [2024] 2026; provided however, that the expi-
     9  ration of this act shall not impair  or  otherwise  affect  any  of  the
    10  powers,  duties,  responsibilities,  functions, rights or liabilities of
    11  any subsidiary duly  created  pursuant  to  subdivision  twenty-five  of
    12  section 1678 of the public authorities law prior to such expiration.
    13    § 2. This act shall take effect immediately.
 
    14                                   PART W
 
    15    Section  1.  Paragraph  (f)  of subdivision 1 of section 1977-a of the
    16  public authorities law, as amended by section 1 of part EE of chapter 58
    17  of the laws of 2023, is amended to read as follows:
    18    (f) Additional authorizations. For the purpose  of  financing  capital
    19  costs  in  connection  with  a  program  of infrastructure construction,
    20  improvements and other capital expenditures for the  project  area,  the
    21  authority  may, in addition to the authorizations contained elsewhere in
    22  this title, borrow money by issuing bonds  and  notes  in  an  aggregate
    23  principal  amount  not  exceeding  [one  billion  five  hundred  million
    24  dollars] two billion five hundred  million  dollars,  plus  a  principal
    25  amount  of  bonds  or  notes issued (i) to fund any related debt service
    26  reserve fund, (ii) to provide capitalized interest, and (iii) to provide
    27  for fees and other charges  and  expenses  including  any  underwriters'
    28  discounts, related to the issuance of such bonds or notes, all as deter-
    29  mined  by  the  authority,  excluding  bonds  and notes issued to refund
    30  outstanding bonds and notes issued pursuant to this section.
    31    § 2. This act shall take effect immediately.
 
    32                                   PART X
 
    33    Section 1. Subdivision 6 of section 211 of  the  economic  development
    34  law,  as  amended by chapter 294 of the laws of 2019, is amended to read
    35  as follows:
    36    6. Grants made pursuant to  this  section  shall  be  subject  to  the
    37  following limitations:
    38    (a)  no  grant  shall  be  made to any one or any consortium of career
    39  education agencies and not-for-profit corporations  in  excess  of  [one
    40  hundred seventy-five] two hundred fifty thousand dollars; and
    41    (b)  each grant shall be disbursed for payment of the cost of services
    42  and expenses of the program director, the instructors of the participat-
    43  ing career education agency or not-for-profit corporation,  the  faculty
    44  and  support  personnel  thereof  and any other person in the service of
    45  providing instruction and counseling in furtherance of the program.
    46    § 2. This act shall take effect immediately.
 
    47                                   PART Y

    48    Section 1. The opening paragraph of subdivision (h) of section 121  of
    49  chapter  261  of  the  laws  of 1988, amending the state finance law and

        S. 8308--C                         84                         A. 8808--C
 
     1  other laws relating to the New York state infrastructure trust fund,  as
     2  amended  by  chapter  96  of  the  laws  of  2019, is amended to read as
     3  follows:
     4    The  provisions  of  sections  sixty-two through sixty-six of this act
     5  shall expire and be deemed  repealed  on  [December  thirty-first]  July
     6  first, two thousand [twenty-four] twenty-five, except that:
     7    § 2. This act shall take effect immediately.
 
     8                                   PART Z
 
     9    Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
    10  of the laws of 1968 constituting the New York  state  urban  development
    11  corporation act, as amended by section 1 of part JJ of chapter 58 of the
    12  laws of 2023, is amended to read as follows:
    13    3.  The  provisions  of this section shall expire, notwithstanding any
    14  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    15  the laws of 1996 or of any other law, on July 1, [2024] 2025.
    16    § 2. This act shall take effect immediately.
 
    17                                   PART AA
 
    18    Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
    19  New York state urban development corporation act, relating to the powers
    20  of  the  New  York state urban development corporation to make loans, as
    21  amended by section 1 of part GG of chapter 58 of the laws  of  2023,  is
    22  amended to read as follows:
    23    §  2.  This  act shall take effect immediately provided, however, that
    24  section one of this act shall expire on July 1, [2024]  2025,  at  which
    25  time the provisions of subdivision 26 of section 5 of the New York state
    26  urban  development  corporation  act shall be deemed repealed; provided,
    27  however, that neither the expiration nor the repeal of such  subdivision
    28  as provided for herein shall be deemed to affect or impair in any manner
    29  any  loan  made  pursuant  to the authority of such subdivision prior to
    30  such expiration and repeal.
    31    § 2. This act shall take effect immediately.
 
    32                                   PART BB
 
    33    Section 1. Section 4 of chapter 495 of the laws of 2004, amending  the
    34  insurance  law  and the public health law relating to the New York state
    35  health  insurance  continuation  assistance  demonstration  project,  as
    36  amended  by  section  1  of part U of chapter 58 of the laws of 2023, is
    37  amended to read as follows:
    38    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    39  have  become  a  law;  provided,  however, that this act shall remain in
    40  effect until July 1, [2024] 2025 when upon such date the  provisions  of
    41  this  act shall expire and be deemed repealed; provided, further, that a
    42  displaced worker shall be eligible for continuation assistance  retroac-
    43  tive to July 1, 2004.
    44    § 2. This act shall take effect immediately.
 
    45                                   PART CC
 
    46                            Intentionally Omitted

        S. 8308--C                         85                         A. 8808--C
 
     1                                   PART DD
 
     2                            Intentionally Omitted

     3                                   PART EE
 
     4    Section  1.    Subparagraph (B) of paragraph 15-a of subsection (i) of
     5  section 3216 of the insurance law, as amended by section 1 of  part  DDD
     6  of chapter 56 of the laws of 2020, is amended to read as follows:
     7    (B) Such coverage may be subject to annual deductibles and coinsurance
     8  as may be deemed appropriate by the superintendent and as are consistent
     9  with  those  established  for  other  benefits  within  a  given policy;
    10  provided, however, [the total amount] that [a covered person is required
    11  to pay out of pocket for] covered prescription insulin drugs  shall  [be
    12  capped  at  an  amount  not to exceed one hundred dollars per thirty-day
    13  supply, regardless of the amount or type of insulin needed to fill  such
    14  covered  person's  prescription  and regardless of the insured's] not be
    15  subject to a deductible, copayment, coinsurance or any other cost  shar-
    16  ing requirement.
    17    § 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
    18  of  the insurance law, as amended by section 2 of part DDD of chapter 56
    19  of the laws of 2020, is amended to read as follows:
    20    (B) Such coverage may be subject to annual deductibles and coinsurance
    21  as may be deemed appropriate by the superintendent and as are consistent
    22  with those  established  for  other  benefits  within  a  given  policy;
    23  provided, however, [the total amount] that [a covered person is required
    24  to  pay  out of pocket for] covered prescription insulin drugs shall [be
    25  capped at an amount not to exceed one  hundred  dollars  per  thirty-day
    26  supply,  regardless of the amount or type of insulin needed to fill such
    27  covered person's prescription and regardless of the  insured's]  not  be
    28  subject  to a deductible, copayment, coinsurance or any other cost shar-
    29  ing requirement.
    30    § 3.  Paragraph 2 of subsection (u) of section 4303 of  the  insurance
    31  law,  as  amended  by section 3 of part DDD of chapter 56 of the laws of
    32  2020, is amended to read as follows:
    33    (2) Such coverage may be subject to annual deductibles and coinsurance
    34  as may be deemed appropriate by the superintendent and as are consistent
    35  with those  established  for  other  benefits  within  a  given  policy;
    36  provided, however, [the total amount] that [a covered person is required
    37  to  pay  out of pocket for] covered prescription insulin drugs shall [be
    38  capped at an amount not to exceed one  hundred  dollars  per  thirty-day
    39  supply,  regardless of the amount or type of insulin needed to fill such
    40  covered person's prescription and regardless of the  insured's]  not  be
    41  subject  to a deductible, copayment, coinsurance or any other cost shar-
    42  ing requirement.
    43    § 4.  This act shall take effect January 1, 2025 and  shall  apply  to
    44  any policy or contract issued, renewed, modified, altered, or amended on
    45  or after such date.
 
    46                                   PART FF
 
    47                            Intentionally Omitted
 
    48                                   PART GG

        S. 8308--C                         86                         A. 8808--C
 
     1                            Intentionally Omitted
 
     2                                   PART HH
 
     3                            Intentionally Omitted
 
     4                                   PART II
 
     5                            Intentionally Omitted
 
     6                                   PART JJ
 
     7                            Intentionally Omitted
 
     8                                   PART KK
 
     9    Section  1.  Section  4  of  part WW of chapter 56 of the laws of 2022
    10  amending the public officers law relating to permitting  videoconferenc-
    11  ing  and  remote  participation in public meetings under certain circum-
    12  stances, is amended to read as follows:
    13    § 4. This act shall take effect immediately and shall  expire  and  be
    14  deemed repealed July 1, [2024] 2026.
    15    § 2. This act shall take effect immediately.
 
    16                                   PART LL
 
    17    Section 1. Paragraph 2 of subsection (f) of section 1308 of the insur-
    18  ance law, as amended by section 2 of chapter 802 of the laws of 1985, is
    19  amended to read as follows:
    20    (2)  Any  domestic life insurance company proposing to assume by rein-
    21  surance all or any part of the business in force, other than portions of
    22  individual risks, of any  domestic,  foreign  or  alien  life  insurance
    23  company,   fraternal   benefit  society  or  other  organization  having
    24  outstanding policies or certificates of life insurance or  accident  and
    25  health  insurance or annuity contracts shall make written application to
    26  the superintendent for permission to do so. If after  due  consideration
    27  the  superintendent  is satisfied that the proposed reinsurance will not
    28  prejudice the interests of the policyholders of either the applicant  or
    29  the  companies  [which]  that are members of The Life Insurance Guaranty
    30  Corporation or of The Life and Health Insurance Company Guaranty  Corpo-
    31  ration of New York, [he] the superintendent shall grant the permission.
    32    §  2.  Paragraph  1 of subsection (a) of section 7434 of the insurance
    33  law, as amended by chapter 134 of the laws of 1999, is amended  to  read
    34  as follows:
    35    (1)  Upon  the  recommendation  of  the  superintendent, and under the
    36  direction of the court, distribution payments shall be made in a  manner
    37  that  will  assure the proper recognition of priorities and a reasonable
    38  balance between the expeditious completion of the  liquidation  and  the
    39  protection  of  unliquidated  and  undetermined  claims. The priority of
    40  distribution of claims from  an  insolvent  [property/casualty]  insurer
    41  other  than  a  life  insurer  in any proceeding subject to this article
    42  shall be in accordance with the order in which each class of  claims  is

        S. 8308--C                         87                         A. 8808--C
 
     1  set  forth  in  this  paragraph and as provided in this paragraph. Every
     2  claim in each class shall be paid in full or adequate funds retained for
     3  such payment before the members of the next class receive  any  payment.
     4  No  subclasses  shall  be  established  within  any class. No claim by a
     5  shareholder, policyholder  or  other  creditor  shall  be  permitted  to
     6  circumvent  the  priority classes through the use of equitable remedies.
     7  The order of distribution of claims shall be:
     8    [(i)] (A) Class one. Claims with respect to the actual  and  necessary
     9  costs  and expenses of administration, incurred by the liquidator, reha-
    10  bilitator or conservator under this article.
    11    [(ii)] (B) Class two. All claims under policies including such  claims
    12  of  the  federal  or  any state or local government for losses incurred,
    13  third party claims, claims for unearned premiums, and all  claims  of  a
    14  security  fund,  guaranty  association  or  the equivalent except claims
    15  arising under reinsurance contracts.
    16    [(iii)] (C) Class three. Claims of the federal government except those
    17  under class two above.
    18    [(iv)] (D) Class four. Claims for  wages  owing  to  employees  of  an
    19  insurer  against  whom  a proceeding under this article is commenced for
    20  services rendered within one year before commencement of the proceeding,
    21  not exceeding one thousand two hundred dollars  to  each  employee,  and
    22  claims  for  unemployment  insurance  contributions  required by article
    23  eighteen of the labor law. Such priority shall be in lieu of  any  other
    24  similar priority which may be authorized by law.
    25    [(v)]  (E)  Class  five.  Claims of state and local governments except
    26  those under class two above.
    27    [(vi)] (F) Class six. Claims of general creditors including,  but  not
    28  limited to, claims arising under reinsurance contracts.
    29    [(vii)]  (G)  Class seven. Claims filed late or any other claims other
    30  than claims under class eight or class nine below.
    31    [(viii)] (H) Class eight. Claims for advanced or borrowed  funds  made
    32  pursuant to section one thousand three hundred seven of this chapter.
    33    [(ix)] (I) Class nine. Claims of shareholders or other owners in their
    34  capacity as shareholders.
    35    §  3.  Paragraphs  1  and  4  of subsection (a) of section 7435 of the
    36  insurance law, as added by chapter 802 of the laws of 1985, are  amended
    37  to read as follows:
    38    (1)  Class  one. Claims with respect to the actual and necessary costs
    39  and expenses of administration, incurred by the liquidator,  rehabilita-
    40  tor,  conservator  or  ancillary rehabilitator under this article, or by
    41  The Life Insurance Guaranty Corporation or The Life and Health Insurance
    42  Company Guaranty Corporation  of  New  York,  and  claims  described  in
    43  subsection  (d) of section seven thousand seven hundred thirteen of this
    44  chapter.
    45    (4) Class four. All claims under insurance policies, annuity contracts
    46  and funding agreements, and all claims of The Life and Health  Insurance
    47  Company  Guaranty  Corporation  of New York or any other guaranty corpo-
    48  ration or association of this state or another jurisdiction, other  than
    49  [(i)]  claims  provided  for  in paragraph one of this subsection[,] and
    50  [(ii)] claims for interest.
    51    § 4. Paragraph 2 of subsection (c) of section 7709  of  the  insurance
    52  law,  as  amended  by section 10 of subpart D of part Y of chapter 57 of
    53  the laws of 2023, is amended to read as follows:
    54    (2) The amount of any class  B  or  class  C  assessment,  except  for
    55  assessments  related to long-term care insurance, shall be allocated for
    56  assessment purposes among the accounts in the proportion that the premi-

        S. 8308--C                         88                         A. 8808--C
 
     1  ums received by the impaired or insolvent insurer  on  the  policies  or
     2  contracts  covered  by each account for the last calendar year preceding
     3  the assessment in which  the  impaired  or  insolvent  insurer  received
     4  premiums  bears to the premiums received by such insurer for such calen-
     5  dar year on all covered policies. The amount of any class B or  class  C
     6  assessment  for  long-term  care  insurance  written  by the impaired or
     7  insolvent insurer shall be allocated according to a methodology included
     8  in the plan of operation and approved by the superintendent.  The  meth-
     9  odology  shall  provide  for fifty percent of the assessment to be allo-
    10  cated to health insurance company member insurers and fifty  percent  to
    11  be allocated to life insurance company member insurers; provided, howev-
    12  er,  that a property/casualty insurer that writes health insurance shall
    13  be considered a health insurance company member for this purpose.  Class
    14  B and class C assessments against member insurers for each account shall
    15  be in the proportion that the premiums  received  on  business  in  this
    16  state  by  each  assessed  member  insurer  on  policies covered by each
    17  account for the three calendar years preceding the assessment  bears  to
    18  such premiums received on business in this state for such calendar years
    19  by  all  assessed  member  insurers.    Class  B and Class C assessments
    20  against member insurers  for  the  health  insurance  account  shall  be
    21  further reduced for not-for-profit member insurers pursuant to a method-
    22  ology  included in the plan of operation and approved by the superinten-
    23  dent.  Such methodology shall reduce the assessments imposed on not-for-
    24  profit  member  insurers  in  an  amount  that,  when   accounting   for
    25  appropriate factors, including the value of the tax credits and a factor
    26  for  the time value of money, results in a percentage of net assessments
    27  to premiums that is equivalent for not-for-profit  member  insurers  and
    28  for-profit member insurers.
    29    § 5. Section 7712 of the insurance law, as added by chapter 802 of the
    30  laws  of  1985,  subsection (a) as amended by section 11 of subpart D of
    31  part Y of chapter 57 of the laws of 2023, is amended to read as follows:
    32    § 7712. Credits for assessments paid.  (a)  The  superintendent  shall
    33  annually[,  within six months following the close of each calendar year,
    34  furnish to the commissioner of taxation and finance and the director  of
    35  the division of the budget a statement of operations for the life insur-
    36  ance  guaranty  corporation  and  the  life and health insurance company
    37  guaranty corporation of New York. Such statement shall show the  assess-
    38  ments,  less  any refunds or reimbursements thereof, paid by each insur-
    39  ance company pursuant to the  provisions  of  article  seventy-five  or]
    40  issue  a certificate of tax credit for net class A assessments paid, and
    41  a separate certificate of tax credit for total net class B and  class  C
    42  assessments  paid,  as  such  assessments are described in section seven
    43  thousand seven hundred nine of this article, [for the purposes of  meet-
    44  ing  the requirements of this chapter. Each statement, starting with the
    45  statement furnished in the year nineteen hundred eighty-six  and  ending
    46  with  the  statement  furnished in the year two thousand, shall show the
    47  annual activity for every year commencing from nineteen hundred  eighty-
    48  five through the most recently completed year.  Each statement furnished
    49  in  each year after the year two thousand shall reflect such assessments
    50  paid during the preceding fifteen  calendar  years.  The  superintendent
    51  shall  also  furnish a copy of such statement to each such] to an insur-
    52  ance company that is required to file a tax return pursuant  to  article
    53  thirty-three  of  the  tax  law.    The  superintendent shall issue such
    54  certificates by March thirty-first of the year  following  the  year  in
    55  which  the  class  A, B, and C assessments are paid or to which they are
    56  allocated pursuant to the provisions of subsection (c) of this  section.

        S. 8308--C                         89                         A. 8808--C
 
     1  For  the  purposes  of this section, an insurance company's "net class A
     2  assessments paid" shall mean its gross class A assessments paid pursuant
     3  to the provisions of article  seventy-five  or  section  seven  thousand
     4  seven  hundred  nine  of  this article, less any refunds, recoveries, or
     5  reimbursements, and an insurance company's "total net class B and  class
     6  C assessments paid" shall mean its gross class B and class C assessments
     7  paid pursuant to the provisions of article seventy-five or section seven
     8  thousand  seven  hundred  nine of this article, less any refunds, recov-
     9  eries, or reimbursements.
    10    (b) The [maximum authorized] certificates  of  tax  credit  [for  each
    11  company in respect of the assessments paid during the most recent calen-
    12  dar  year  covered by such statement] shall [be] set forth the amount of
    13  tax credit an insurance company may claim as follows:
    14    (1) [if the sum of the net assessments paid by all  companies  in  the
    15  period  reported  on  in  the  statement  of  operations  required to be
    16  furnished by the superintendent pursuant to the provisions of subsection
    17  (a) of this section is less than one hundred million  dollars,  no  such
    18  credits  shall  be authorized] for net class A assessments, the eligible
    19  credit amount shall be equal to the product of eighty per centum and the
    20  company's net class A assessments paid; and
    21    (2) [(A) if the sum  of  such  net  assessments  exceeds  one  hundred
    22  million  dollars,  the  maximum  authorized credit for each company with
    23  respect to net assessments paid by such company in any year shall be the
    24  excess, if any, of (i) over (ii), where (i) is the sum of such company's
    25  tentative cross-over year credit and its tentative  credits  for  subse-
    26  quent years, both as determined pursuant to subparagraphs (B) and (C) of
    27  this  paragraph,  and (ii) is the sum of the maximum credits theretofore
    28  authorized for the years covered by such statement, to and including the
    29  most recently completed year, determined with reference to  the  periods
    30  covered by all prior such statements.
    31    (B)  Such  company's  tentative cross-over year credit shall be eighty
    32  per centum of the product of (i) and (ii),  where  (i)  is  the  sum  of
    33  assessments paid by such company during the cross-over year, and (ii) is
    34  a  fraction,  the  numerator  of  which  is  the excess over one hundred
    35  million dollars of the sum of net  assessments  paid  by  all  companies
    36  during  such  period  and  the  denominator  of  which is the sum of net
    37  assessments paid by such  companies  during  the  cross-over  year.  For
    38  purposes of this paragraph, the cross-over year is the first year during
    39  the  period  covered by such statement in which the net assessments paid
    40  by all companies during such period exceeded one hundred million dollars
    41  in whole or in part.
    42    (C) Such company's tentative credit for each year  subsequent  to  the
    43  cross-over  year  shall be eighty per centum of the net assessments paid
    44  by such company during such year.
    45    (3) For the purposes of this  section,  net  assessments  means  gross
    46  assessments,  less  any  recoveries  or  reimbursements, paid during the
    47  period covered by the most recent statement of operations  furnished  by
    48  the  superintendent pursuant to the provisions of subsection (a) of this
    49  section] for total net class B and class  C  assessments,  the  eligible
    50  credit amount shall be equal to the product of eighty per centum and the
    51  company's  total  net  class  B and class C assessments paid, subject to
    52  subsection (c) of this section.
    53    (c)(1) The aggregate amount of tax credits pursuant  to  this  section
    54  for  total  net  class  B  and class C assessments in each calendar year
    55  shall not exceed one hundred fifty million dollars.   The aggregate  tax
    56  credit amount shall be allocated annually by the superintendent on a pro

        S. 8308--C                         90                         A. 8808--C
 
     1  rata  basis  to  each  company required to file a tax return pursuant to
     2  article thirty-three of the tax law.
     3    (2)  The  superintendent  shall  allocate  any  tax credit amount that
     4  exceeds the annual credit cap of one hundred fifty  million  dollars  to
     5  the  following  calendar  year and include such amount within the calcu-
     6  lation of the eligible credit amount subject  to  the  aggregate  credit
     7  amount for the succeeding calendar year by the superintendent.
     8    (3)  For  companies  issued  a certificate of tax credit for total net
     9  class B and class C assessments, such annual certificate shall set forth
    10  an amount equal to thirty-three and one-third per centum of  the  amount
    11  calculated  under  subsection (b) of this section and allocated pursuant
    12  to paragraph one of this subsection. The amount on  the  certificate  of
    13  tax  credit  shall  be  eligible  to be claimed in the taxable year that
    14  begins in the calendar year that such  certificate  is  issued.  Thirty-
    15  three  and  one-third  per centum of such amount shall be eligible to be
    16  claimed in each of the two taxable years following such taxable year.
    17    (d)(1) The superintendent shall, in consultation with the commissioner
    18  of taxation and finance, develop a certificate of  tax  credit  for  net
    19  class A assessments, and a certificate of tax credit for total net class
    20  B  and class C assessments. Each certificate shall contain such informa-
    21  tion as required by the commissioner of taxation and finance,  including
    22  a certificate date.
    23    (2) The superintendent shall solely determine the tax credit eligibil-
    24  ity  of  any  insurance  company and shall revoke any certificate of tax
    25  credit issued to an insurance company that no longer qualifies for a tax
    26  credit. The superintendent shall modify the amount of the  credit  shown
    27  on any such certificate if the superintendent determines that the amount
    28  certified under subsection (b) of this section was not computed properly
    29  pursuant to this section.
    30    (3)  To  be  issued a certificate of tax credit by the superintendent,
    31  each insurance company shall:
    32    (A) agree to allow the department of taxation and finance to share the
    33  insurance company's tax information relevant to  the  administration  of
    34  this  section  with  the superintendent. However, any information shared
    35  with the superintendent as a result of this section shall not be  avail-
    36  able for public disclosure or inspection under article six of the public
    37  officers law;
    38    (B) allow the superintendent and the corporation access to any and all
    39  books and records the superintendent or corporation may require to moni-
    40  tor compliance with this section; and
    41    (C) agree to provide any additional information required by the super-
    42  intendent relevant to this section.
    43    §  6.  Subdivision  (f)  of section 1511 of the tax law, as amended by
    44  chapter 803 of the laws of 1985, paragraph 1 as amended by  chapter  217
    45  of  the laws 2012, subparagraph (B) of paragraph 3 as further amended by
    46  section 104 of part A of chapter 62 of the laws of 2011 and paragraph  5
    47  as amended by section 9 of part H3 of chapter 62 of the laws of 2003, is
    48  amended to read as follows:
    49    (f)  Credit relating to life and health insurance guaranty corporation
    50  assessments.  [A] (1) Allowance of credit. For taxable  years  beginning
    51  on  or  after January first, two thousand twenty-four, a credit shall be
    52  allowed against the tax imposed pursuant to  this  article  (other  than
    53  section  fifteen  hundred five-a of this article)[, for a portion of the
    54  assessments paid by a  taxpayer  pursuant  to  article  seventy-five  or
    55  section  seven  thousand  seven  hundred  nine of the insurance law. The

        S. 8308--C                         91                         A. 8808--C

     1  credit shall be determined in accordance with the following  provisions]
     2  as hereinafter provided.
     3    [(1)]  (2)  Amount  of  credit. The [maximum authorized] amount of the
     4  credit for each taxpayer shall [be determined as provided in] equal  the
     5  amount  shown  on the certificate of tax credit, or the amounts shown on
     6  such certificates, issued to such taxpayer  pursuant  to  section  seven
     7  thousand  seven  hundred  twelve  of the insurance law.  With respect to
     8  each such certificate, the amount of the credit must be claimed  in  the
     9  taxable  year  that begins in the calendar year that such certificate is
    10  issued.
    11    [(2) Thirty-three and one-third per centum of the  maximum  authorized
    12  credit for the second calendar year preceding the taxable year, plus any
    13  amount carried forward under subparagraph (C) of paragraph three of this
    14  subdivision or paragraph four of this subdivision, shall be allowed as a
    15  credit  under  this  subdivision for such taxable year, and thirty-three
    16  and one third per centum of such  maximum  authorized  credit  for  such
    17  second  preceding  calendar  year, plus any amount carried forward under
    18  subparagraph (C) of this subdivision or paragraph four of this  subdivi-
    19  sion,  shall  be allowed in each of the two taxable years following such
    20  taxable year.]
    21    (3) [(A) For each calendar year for which a credit has been authorized
    22  pursuant to section seven thousand seven hundred twelve of the insurance
    23  law, the commissioner of taxation and finance shall determine the  total
    24  tax  liability  of  all  life insurance corporations under this article,
    25  other than under section fifteen hundred five-a of this article,  before
    26  the  application  of  any  credits allowed pursuant to this section, for
    27  taxable years beginning in such calendar year. Such total tax  liability
    28  shall  be published in the state register on or before the thirtieth day
    29  of September of the next succeeding calendar year.
    30    (B) The credit allowed under paragraph two  of  this  subdivision  for
    31  each taxpayer shall not exceed the product of (x) and (y) where (x) is a
    32  fraction,  the  numerator  of  which is the sum of the gross assessments
    33  paid by the particular taxpayer during the calendar year for  which  the
    34  credit  has  been  authorized and the denominator of which is the sum of
    35  the gross assessments paid by all companies during such  year,  both  as
    36  shown in the most recent statement of operations furnished by the super-
    37  intendent  of  financial  services under subsection (a) of section seven
    38  thousand seven hundred twelve of the insurance law and both the  numera-
    39  tor  and  denominator  being  reduced, as appropriate, by any refunds or
    40  reimbursements and (y) is the greater of (i) forty  per  centum  of  the
    41  total  tax  liability published by the commissioner pursuant to subpara-
    42  graph (A) of this paragraph and (ii) forty million dollars.
    43    (C) The amount by which the allowable credit computed  without  refer-
    44  ence  to  the limitation contained in subparagraph (B) of this paragraph
    45  exceeds the allowable credit for such  taxable  year  shall  be  carried
    46  forward as a credit under paragraph two of this subdivision.
    47    (D)  With  respect  to  estimated  taxes payable under section fifteen
    48  hundred fourteen of this article any increase in estimated taxes due  to
    49  the  limitation imposed by this paragraph shall be deemed timely paid if
    50  paid on or before the fifteenth day of December next following the  date
    51  specified  in subparagraph (A) of this paragraph.] Carryover. The credit
    52  allowed under this subdivision for any taxable year shall not reduce the
    53  tax due for such year to less than the minimum fixed by  paragraph  four
    54  of  subdivision  (a)  of  section fifteen hundred two of this article or
    55  section fifteen hundred two-a of this article, whichever is  applicable.
    56  However,  if  the  amount of credit allowable under this subdivision for

        S. 8308--C                         92                         A. 8808--C
 
     1  any taxable year reduces the tax to such amount, any  amount  of  credit
     2  not deductible in such taxable year may be carried over to the following
     3  year  or years and may be deducted from the taxpayer's tax for such year
     4  or years.
     5    (4) [If for any taxable year the credits allowable under paragraph two
     6  of  this  subdivision determined without regard to this paragraph exceed
     7  the taxpayer's liability for taxes under this article  for  the  taxable
     8  year  after  the allowance of all other credits under this section, then
     9  the sum of two hundred fifty dollars and the amount by which such  cred-
    10  its  under  this  subdivision exceed such tax liability shall be carried
    11  forward as a credit under paragraph two  of  this  subdivision  for  the
    12  taxable  year next following.] Eligibility. To be eligible for the cred-
    13  it, the taxpayer shall have been issued a certificate, or  certificates,
    14  of  tax  credit  by  the  department  of  financial services pursuant to
    15  section seven thousand seven hundred twelve of the insurance  law,  each
    16  of  which certificates shall set forth the amount of the credit that may
    17  be claimed and the certificate date. A taxpayer that is a partner  in  a
    18  partnership,  member  of a limited liability company or shareholder in a
    19  subchapter S corporation that has received  a  certificate,  or  certif-
    20  icates,  of tax credit shall be allowed its pro rata share of the credit
    21  earned by the partnership, limited liability  company  or  subchapter  S
    22  corporation.
    23    (5)  [No  credit allowed pursuant to this subdivision shall reduce the
    24  tax payable by any taxpayer under this article for any taxable  year  to
    25  an  amount less than the minimum tax fixed by paragraph four of subdivi-
    26  sion (a) of section fifteen hundred  two  of  this  article  or  section
    27  fifteen  hundred  two-a  of  this article, whichever is applicable.] Tax
    28  return requirement. The taxpayer is required to  include  with  its  tax
    29  return  in  the form prescribed by the commissioner, proof of receipt of
    30  its certificate, or certificates, of tax credit issued by the department
    31  of financial services.
    32    (6) Information sharing. Notwithstanding any provision of  this  chap-
    33  ter,  employees  of the department of financial services and the depart-
    34  ment shall be allowed and are directed to share and exchange:
    35    (A) information regarding the credit allowed or  claimed  pursuant  to
    36  this subdivision and taxpayers that are claiming the credit; and
    37    (B)  information  contained  in  or  derived  from  credit claim forms
    38  submitted to the  department.  All  information  exchanged  between  the
    39  department of financial services and the department shall not be subject
    40  to public disclosure or inspection under article six of the public offi-
    41  cers law.
    42    (7)  Credit  recapture.  If  a certificate of tax credit issued by the
    43  department of financial services  under  section  seven  thousand  seven
    44  hundred  twelve  of the insurance law is revoked by such department, the
    45  amount of credit described  in  this  subdivision  and  claimed  by  the
    46  taxpayer  prior  to  such  revocation  shall be added back to tax in the
    47  taxable year in which any such revocation becomes final. If an amount of
    48  credit on any such certificate of tax credit is modified by the  depart-
    49  ment  of financial services, the difference between the amount of credit
    50  described in this subdivision and claimed by the taxpayer prior to  such
    51  modification  and  the modified amount shall be added back to tax in the
    52  taxable year in which any such modification becomes final.
    53    (8) Net assessments.  No amount of any net assessments  paid  by  such
    54  taxpayer  included  as the basis for the calculation of the amount shown
    55  on any such certificate shall be the basis  for  any  other  tax  credit
    56  under this chapter.

        S. 8308--C                         93                         A. 8808--C
 
     1    §  7.  Notwithstanding  the  provisions of sections one through six of
     2  this act, in 2024, for the calendar year  2023,  the  superintendent  of
     3  financial  services  shall  furnish  the statement of operations for the
     4  life insurance guaranty corporation and the life  and  health  insurance
     5  company  guaranty  corporation of New York as provided in subsection (a)
     6  of section 7712 of the insurance law, as such provision of  law  was  in
     7  effect immediately prior to the effective date of this act.
     8    §  8.  Notwithstanding the provisions of sections one through seven of
     9  this act, an insurance company allowed a tax credit pursuant to  section
    10  7712 of the insurance law and subdivision (f) of section 1511 of the tax
    11  law,  as  such provisions of law were in effect immediately prior to the
    12  effective date of this act, shall continue  to  be  allowed  the  credit
    13  relating  to  life insurance guaranty corporation assessments under such
    14  subdivision (f), for assessments paid on or before December 31, 2023, as
    15  follows:
    16    (i) any amount of such credit that has not been claimed in  a  taxable
    17  year  beginning  before  January  1,  2024  shall be allowed as a credit
    18  against the tax imposed pursuant to article 33 of  the  tax  law,  other
    19  than section 1505-a of such article, in the taxable year beginning on or
    20  after such date; and
    21    (ii)  any  amount of credit allowed pursuant to the previous paragraph
    22  shall be subject to the carryover provision of paragraph 3  of  subdivi-
    23  sion  (f)  of  section 1511 of the tax law, as such subdivision has been
    24  amended by section six of this act.
    25    § 9. This act shall take effect immediately and shall apply to taxable
    26  years beginning on or after January 1, 2024.
 
    27                                   PART MM

    28    Section 1. Short title. This act shall be known and may  be  cited  as
    29  the "artificial intelligence deceptive practices act".
    30    §  2.  This act enacts into law major components of legislation neces-
    31  sary to implement the artificial intelligence deceptive  practices  act.
    32  Each  component  is  wholly  contained  within  a  Subpart identified as
    33  Subparts A through B. The effective date for each  particular  provision
    34  contained  within  such Subpart is set forth in the last section of such
    35  Subpart. Any provision  in  any  section  contained  within  a  Subpart,
    36  including  the effective date of the Subpart, which makes a reference to
    37  a section "of this act", when used in connection  with  that  particular
    38  component,  shall  be  deemed  to  mean  and  refer to the corresponding
    39  section of the Subpart in which it is found. Section four  of  this  act
    40  sets forth the general effective date of this act.
 
    41                                  SUBPART A
 
    42    Section  1.  Section  50 of the civil rights law is amended to read as
    43  follows:
    44    § 50. Right of privacy. A person, firm or corporation  that  uses  for
    45  advertising  purposes,  or for the purposes of trade, the name, portrait
    46  [or], picture, likeness, or voice of any living  person  without  having
    47  first obtained the written consent of such person, or if a minor of [his
    48  or her] such minor's parent or guardian, is guilty of a misdemeanor.
    49    §  2. Section 51 of the civil rights law, as amended by chapter 674 of
    50  the laws of 1995, is amended to read as follows:
    51    § 51. Action for injunction and for damages. Any  person  whose  name,
    52  portrait,  picture,  likeness  or  voice  is  used within this state for

        S. 8308--C                         94                         A. 8808--C
 
     1  advertising purposes or for the purposes of trade  without  the  written
     2  consent  first  obtained  as  above  provided  may maintain an equitable
     3  action in the supreme court of this state against the  person,  firm  or
     4  corporation  so using [his] such person's name, portrait, picture, like-
     5  ness or voice, to prevent and restrain the use thereof; and may also sue
     6  and recover damages for any injuries sustained by reason of such use and
     7  if the defendant shall have knowingly used such person's name, portrait,
     8  picture, likeness or voice in such manner as is forbidden or declared to
     9  be unlawful  by  section  fifty  of  this  article,  the  jury,  in  its
    10  discretion,  may  award exemplary damages. But nothing contained in this
    11  article shall be so construed as to prevent any person, firm  or  corpo-
    12  ration  from  selling  or otherwise transferring any material containing
    13  such name, portrait, picture, likeness or voice in  whatever  medium  to
    14  any  user  of such name, portrait, picture, likeness or voice, or to any
    15  third party for sale or transfer directly or indirectly to such a  user,
    16  for use in a manner lawful under this article; nothing contained in this
    17  article  shall  be so construed as to prevent any person, firm or corpo-
    18  ration, practicing the profession of photography, from exhibiting in  or
    19  about  [his  or  its]  their establishment specimens of the work of such
    20  establishment, unless the same is continued  by  such  person,  firm  or
    21  corporation after written notice objecting thereto has been given by the
    22  person  portrayed;  and  nothing  contained  in this article shall be so
    23  construed as to prevent any person, firm or corporation from  using  the
    24  name, portrait, picture, likeness or voice of any manufacturer or dealer
    25  in  connection  with  the  goods,  wares  and  merchandise manufactured,
    26  produced or dealt in by [him] such manufacturer or dealer which [he has]
    27  they have sold or disposed of with such name, portrait,  picture,  like-
    28  ness  or  voice  used  in  connection therewith; or from using the name,
    29  portrait, picture, likeness or voice of any author, composer  or  artist
    30  in connection with [his] their literary, musical or artistic productions
    31  which  [he  has] they have sold or disposed of with such name, portrait,
    32  picture, likeness or  voice  used  in  connection  therewith.    Nothing
    33  contained  in  this section shall be construed to prohibit the copyright
    34  owner of a sound recording from disposing of, dealing in,  licensing  or
    35  selling  that  sound recording to any party, if the right to dispose of,
    36  deal in, license or sell such sound  recording  has  been  conferred  by
    37  contract  or  other written document by such living person or the holder
    38  of such right. Nothing contained in  the  foregoing  sentence  shall  be
    39  deemed  to  abrogate or otherwise limit any rights or remedies otherwise
    40  conferred by federal law or state law.
    41    § 3. The opening paragraph of subdivision 1 and subdivisions 4  and  5
    42  of  section 52-b of the civil rights law, as added by chapter 109 of the
    43  laws of 2019, are amended and a new subdivision 11 is added to  read  as
    44  follows:
    45    Any  person  depicted  in  a  still or video image, including an image
    46  created or altered by digitization, regardless of  whether  or  not  the
    47  original  still  or  video image was consensually obtained, shall have a
    48  cause of action against an individual who, for the purpose of harassing,
    49  annoying or alarming such person, disseminated or published, or  threat-
    50  ened  to  disseminate  or publish, such still or video image, where such
    51  image:
    52    4. Any person depicted in a still or video image, including  an  image
    53  created or altered by digitization, that depicts an unclothed or exposed
    54  intimate  part of such person, or such person engaging in sexual conduct
    55  as defined in subdivision ten of section 130.00 of the  penal  law  with
    56  another  person,  which is disseminated or published without the consent

        S. 8308--C                         95                         A. 8808--C
 
     1  of such person and where such person had a reasonable  expectation  that
     2  the  image  would  remain  private,  may  maintain  an action or special
     3  proceeding for a court order to require any website that is  subject  to
     4  personal  jurisdiction  under subdivision five of this section to perma-
     5  nently remove such still or video image; any such  court  order  granted
     6  pursuant  to  this subdivision may direct removal only as to images that
     7  are reasonably within such website's control.
     8    5. a. Any website that hosts or transmits  a  still  or  video  image,
     9  including  an image created or altered by digitization, viewable in this
    10  state, taken under circumstances where the person depicted had a reason-
    11  able expectation that the image would remain private, which depicts:
    12    (i) an unclothed or exposed  intimate  part,  as  defined  in  section
    13  245.15 of the penal law, of a resident of this state; or
    14    (ii) a resident of this state engaging in sexual conduct as defined in
    15  subdivision  ten of section 130.00 of the penal law with another person;
    16  and
    17    b. Such still or video image is  hosted  or  transmitted  without  the
    18  consent  of  such  resident  of this state, shall be subject to personal
    19  jurisdiction in a civil action in  this  state  to  the  maximum  extent
    20  permitted under the United States constitution and federal law.
    21    11.  For  purposes  of  this  section, "digitization" means the use of
    22  software, machine learning, artificial intelligence, or any other compu-
    23  ter-generated or technological  means,  including  adapting,  modifying,
    24  manipulating, or altering a realistic depiction.
    25    §  4. Paragraphs b and e of subdivision 1 of section 52-c of the civil
    26  rights law, as added by chapter 304 of the laws of 2020, are amended  to
    27  read as follows:
    28    b. "digitization" means to realistically depict the nude body parts of
    29  another  human  being as the nude body parts of the depicted individual,
    30  computer-generated nude body  parts  as  the  nude  body  parts  of  the
    31  depicted  individual  or  the  depicted  individual  engaging  in sexual
    32  conduct, as defined in subdivision ten of section 130.00  of  the  penal
    33  law,  in  which  the depicted individual did not engage.  "Digitization"
    34  may also mean the use of software, machine learning, artificial intelli-
    35  gence, or any other computer-generated or technological means, including
    36  adapting, modifying, manipulating, or altering a realistic depiction.
    37    e. "sexually explicit material" means any portion of an  audio  visual
    38  work that shows the depicted individual:
    39    i.  performing in the nude, meaning with an unclothed or exposed inti-
    40  mate part, as defined in section 245.15 of the penal law[, or];
    41    ii. appearing to engage in, or being subjected to, sexual conduct,  as
    42  defined in subdivision ten of section 130.00 of the penal law[.]; or
    43    iii.  posed in a manner  intended to elicit sexual arousal or gratifi-
    44  cation and where a person would have a reasonable expectation of  priva-
    45  cy.
    46    § 5. This act shall take effect immediately.
 
    47                                  SUBPART B
 
    48    Section 1. Section 14-106 of the election law is amended by adding two
    49  new subdivisions 5 and 6 to read as follows:
    50    5. (a) For purposes of this subdivision:
    51    (i)  "Materially deceptive media" means any image, video, audio, text,
    52  or any technological  representation  of  speech  or  conduct  fully  or
    53  partially created or modified that:

        S. 8308--C                         96                         A. 8808--C
 
     1    (1)  exhibits  a  high  level of authenticity or convincing appearance
     2  that is visually or audibly indistinguishable from reality to a  reason-
     3  able person;
     4    (2)  depicts  a  scenario that did not actually occur or that has been
     5  altered in a significant way from how they actually occurred; and
     6    (3) is created by  or  with  software,  machine  learning,  artificial
     7  intelligence,  or  any  other computer-generated or technological means,
     8  including adapting, modifying, manipulating,  or  altering  a  realistic
     9  depiction.
    10    (ii) "Information content provider" means any person or entity that is
    11  responsible,  in  whole  or  in part, for the creation or development of
    12  information provided through  the  Internet  or  any  other  interactive
    13  computer service.
    14    (b) (i) A person, firm, association, corporation, campaign, committee,
    15  or  organization  that  distributes  or publishes any political communi-
    16  cation that was produced by or includes materially deceptive  media  and
    17  knows  or  should know that it is materially deceptive shall be required
    18  to disclose this use.
    19    (ii) (1) For visual media the disclosure shall be printed or typed  in
    20  a  legible  font  size  easily readable by the average viewer that is no
    21  smaller than other text appearing in the visual media and  in  the  same
    22  language  used  on  the  communication to read as follows: "This (image,
    23  video, or audio) has been manipulated".
    24    (2) For communication that is auditory, such  as  radio  or  automated
    25  telephone  calls, clearly speaking the statement at the beginning of the
    26  audio, at the end of the audio, and, if the audio is   greater than  two
    27  minutes  in  length,  interspersed  within the audio at intervals of not
    28  greater than two minutes each and in  the  same  language as the rest of
    29  the audio used  in the communication, and in a pitch that can be  easily
    30  heard  by  the average listener satisfies the requirements of clause one
    31  of this subparagraph.
    32    (iii) This paragraph shall not apply to the following:
    33    (1) materially deceptive media that constitutes satire or parody;
    34    (2) materially deceptive media created for the purposes of  bona  fide
    35  news reporting when the required disclosure is included; or
    36    (3)  initial dissemination by a platform or service including, but not
    37  limited to, a website, regularly published newspaper, or magazine, where
    38  the content disseminated  is  materially  deceptive  media  provided  by
    39  another  information  content provider when a good faith effort has been
    40  made to   establish that the   depiction  is  not  materially  deceptive
    41  media.
    42    (iv)  A candidate whose voice or likeness appears in materially decep-
    43  tive media in violation of this subdivision may seek   reasonable  court
    44  costs  and  attorneys'  fees  and  injunctive  relief    prohibiting the
    45  distribution, publication or broadcasting of  any  materially  deceptive
    46  media in violation of this subdivision against such individual or entity
    47  who  disseminated  or  published  such  media without the consent of the
    48  person depicted and  who knew or should have known  that  it  was  mate-
    49  rially  deceptive.  An action under this paragraph shall be initiated by
    50  filing an application for an order to show cause in  the  supreme  court
    51  where  the  materially deceptive media at issue could deceive and influ-
    52  ence electors in an upcoming election. Such action shall be entitled  to
    53  an  automatic  calendar  preference and be subject to expedited pretrial
    54  and trial proceedings.

        S. 8308--C                         97                         A. 8808--C
 
     1    (v) In any action alleging a violation of  this  subdivision in  which
     2  a plaintiff  seeks  preliminary  relief  with  respect  to  an  upcoming
     3  election, the court shall grant relief if it determines that:
     4    (A) plaintiffs are more likely than not to succeed on the merits; and
     5    (B)  it  is  possible  to  implement  an appropriate remedy that would
     6  resolve the alleged violation in the upcoming election.
     7    (vi) In any action commenced under  this  subdivision,  the  plaintiff
     8  bears  the  burden of establishing the use of materially deceptive media
     9  by clear and convincing evidence.
    10    6. Nothing in this section shall be construed to limit, or to enlarge,
    11  the protections that 47 U.S.C. § 230 confers on an interactive  computer
    12  service for content provided by another information content provider, as
    13  such terms are defined in 47 U.S.C. § 230.
    14    § 2. This act shall take effect immediately.
    15    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    16  sion,  section,  subpart  or  part  of this act shall be adjudged by any
    17  court of competent jurisdiction to be invalid, such judgment  shall  not
    18  affect,  impair,  or  invalidate  the  remainder  thereof,  but shall be
    19  confined in its operation to the clause, sentence,  paragraph,  subdivi-
    20  sion,  section, subpart or part thereof directly involved in the contro-
    21  versy in which such judgment shall have  been  rendered.  It  is  hereby
    22  declared  to  be  the intent of the legislature that this act would have
    23  been enacted even if such invalid provisions had not been included here-
    24  in.
    25    § 4. This act shall take effect immediately  provided,  however,  that
    26  the  applicable effective date of Subparts A through B of this act shall
    27  be as specifically set forth in the last section of such Subparts.
 
    28                                   PART NN
 
    29    Section 1. Section 2328 of the insurance law, as  amended  by  chapter
    30  182 of the laws of 2023, is amended to read as follows:
    31    §  2328.  Certain  motor vehicle insurance rates; prior approval. [For
    32  the periods February first, nineteen hundred seventy-four through August
    33  second,  two   thousand   one,   and   the   effective   date   of   the
    34  property/casualty insurance availability act through June thirtieth, two
    35  thousand twenty-six, no] No changes in rates, rating plans, rating rules
    36  and  rate  manuals  applicable  to  motor  vehicle  insurance, including
    37  no-fault coverages under article fifty-one of  this  chapter,  shall  be
    38  made effective until approved by the superintendent, notwithstanding any
    39  inconsistent provisions of this article[; provided, however, that chang-
    40  es  in  such  rates,  rating plans, rating rules and rate manuals may be
    41  made effective without such approval if the rates that result from  such
    42  changes  are  no  higher  than  the insurer's rates last approved by the
    43  superintendent]. This section shall  apply  only  to  policies  covering
    44  losses  or  liabilities arising out of ownership of a motor vehicle used
    45  principally for the transportation of persons for hire, including a  bus
    46  or  a school bus as defined in sections one hundred four and one hundred
    47  forty-two of the vehicle and traffic law.
    48    § 2. This act shall take effect immediately.
 
    49                                   PART OO

    50    Section 1. Subdivision 20 of section 16-e of section 1 of chapter  174
    51  of  the  laws of 1968, constituting the New York state urban development

        S. 8308--C                         98                         A. 8808--C
 
     1  corporation act, is amended by adding a new paragraph  (f)  to  read  as
     2  follows:
     3    (f)  Each regional economic development council awardee may certify in
     4  writing to such regional economic development council that they maintain
     5  internship opportunities, along with the number    of  opportunities,  a
     6  description  of the work the interns will engage in, and descriptions of
     7  any supplementary programming offered to the interns.
     8    §  2. This act shall take effect on the ninetieth day after  it  shall
     9  have become a law.

    10                                   PART PP
 
    11    Section  1.  Section  1115  of  the tax law is amended by adding a new
    12  subdivision (ll) to read as follows:
    13    (ll) The following shall be exempt from tax under  this  article:  (1)
    14  Receipts  from the retail sale of, and consideration given or contracted
    15  to be given for, or for the use of, residential energy  storage  systems
    16  equipment  and  the service of installing such systems. For the purposes
    17  of this subdivision,  "residential  energy  storage  systems  equipment"
    18  shall  mean  an  arrangement or combination of components installed in a
    19  residence that stores electricity for use at a  later  time  to  provide
    20  heating, cooling, hot water and/or electricity.
    21    (2)  Receipts  from  the  sale  of  electricity  by a person primarily
    22  engaged in the sale of energy storage system equipment and/or  electric-
    23  ity  generated  by  such equipment pursuant to a written agreement under
    24  which such electricity is generated by residential energy system storage
    25  equipment that is:  (A) owned by a person other than  the  purchaser  of
    26  such electricity; (B) installed on residential property of the purchaser
    27  of such electricity; and (C) used to provide heating, cooling, hot water
    28  or electricity.
    29    §  2.  This act shall take effect June 1, 2024 and shall expire and be
    30  deemed repealed June 1, 2026.
 
    31                                   PART QQ
 
    32    Section 1. (1) Within 18 months of the effective date of this  section
    33  the New York state energy research and development authority, hereinaft-
    34  er authority, in consultation with the department of public service, the
    35  department  of transportation, the department of motor vehicles, the New
    36  York state thruway authority, the New York power authority, and the Long
    37  Island power authority, the  department  of  environmental  conservation
    38  shall conduct a needs evaluation to:
    39    (a)  consider  planning  for fast charger deployment along alternative
    40  fuel corridors and major freight corridors;
    41    (b) identify the number and location of fast chargers  along  priority
    42  highway  corridors  and major freight corridors, including fast chargers
    43  currently in operation and in development;
    44    (c) estimate future need for fast charger  deployment  along  priority
    45  highway and major freight corridors for the purposes of (i) facilitating
    46  the  cost-effective and timely achievement of mandates under (A) article
    47  75 of the environmental conservation law, (B) section 19-0306-b  of  the
    48  environmental  conservation  law  regarding zero-emissions vehicle sales
    49  targets, (C) rules and regulations for zero-emissions  vehicles  adopted
    50  by  the  commissioner of environmental conservation, and (D) other rele-
    51  vant and applicable federal and state  rules  or  regulations  or  local

        S. 8308--C                         99                         A. 8808--C
 
     1  goals  to  reduce  transportation  sector emissions; and (ii) supporting
     2  electric vehicle adoption by consumers and fleet operators;
     3    (d) identify the number and location of highway charging hubs, includ-
     4  ing  but not limited to thruway charging hubs and freight charging hubs,
     5  currently in operation and in development  along  priority  highway  and
     6  major freight corridors;
     7    (e)  estimate  total  charging  capacity required to serve light duty,
     8  medium duty, and heavy  duty  electric  vehicles  at  each  highway  and
     9  freight charging hub through 2035;
    10    (f)  identify,  to  the extent practicable, the number and location of
    11  commercial and public fleet vehicles in operation, including their  body
    12  type, fuel type, model year, zip code, and  other  relevant  information
    13  needed  to  forecast the number and location of zero-emissions vehicles,
    14  per state policy;
    15    (g) identify the number and location of fleet charging zones;
    16    (h) estimate future need for charging deployment and charging capacity
    17  in the fleet charging zones, sufficient to satisfy the targets and regu-
    18  lations identified in paragraph (c) of this subdivision;
    19    (i) examine ways to optimize fast charger deployment among the highway
    20  charging hubs, the freight charging hubs, and all  such  charging  hubs,
    21  and  charging  development  among the fleet charging zones to reduce the
    22  cost of interconnection, if deemed necessary, and electric  distribution
    23  and  local transmission upgrades while serving projected vehicle traffic
    24  volumes;
    25    (j) analyze and assess the total potential costs associated  with  any
    26  identified need;
    27    (k) analyze and assess federal or state funding opportunities to mini-
    28  mize such costs to rate payers; and
    29    (l) identify the number and location of critical public charging sites
    30  and  estimate  future need for charging deployment and charging capacity
    31  for critical public charging sites.
    32    (2) The authority shall develop a stakeholder  engagement  process  to
    33  raise  consumer  awareness  and  education  across the state and solicit
    34  feedback from the public, local government, representatives or residents
    35  of environmental justice or disadvantaged communities, electric  vehicle
    36  manufacturers,  electric  vehicle  supply equipment manufacturers, fleet
    37  operators, school district transportation directors and  others  on  the
    38  highway  and depot charging needs evaluation.  To the extent practicable
    39  and consistent with applicable timelines, the authority  may  coordinate
    40  the  highway and depot charging needs evaluation stakeholder input proc-
    41  ess with the process set forth in section 1884 of the public authorities
    42  law.
    43    (3) The needs evaluation shall  be  made  publicly  available  on  the
    44  authority's website.
    45    (4)  When  conducting  the  needs  evaluation, the following locations
    46  shall be considered for designation as highway and/or  freight  charging
    47  hubs:
    48    (a) All thruway charging hubs.
    49    (b)  Additional sites or geographic areas based on (i) eligibility for
    50  federal, state, or other funding opportunities, including but not limit-
    51  ed to needs identified through the NEVI formula program  planning  proc-
    52  ess,  (ii)  proximity  to  electric  transmission  infrastructure, (iii)
    53  projected vehicle traffic, (iv) charging network  coverage,  (v)  inter-
    54  state  and  intrastate  commerce, (vi) benefits to environmental justice
    55  and disadvantaged communities,  (vii)  benefits  of  increased  charging
    56  accessibility  in  host  communities,  (viii) real property ownership or

        S. 8308--C                         100                        A. 8808--C
 
     1  control of potential sites, (ix) relevant commitments from  site  and/or
     2  charging operators, and (x) other factors deemed relevant for the devel-
     3  opment and successful implementation of the highway charging needs eval-
     4  uation.
     5    (c)  Locations  within  one  mile  of  the priority highway corridors,
     6  spaced no more than fifty miles apart along the priority highway  corri-
     7  dors and reasonably accessible regardless of direction of travel.
     8    (d)  Privately operated sites which are open to the public or multiple
     9  commercial entities that have adequate parking and amenities to serve as
    10  a highway charging hub or freight charging hub,  subject  to  reasonable
    11  restrictions.
    12    (5)  When  conducting  the  needs evaluation, the following geographic
    13  area criteria shall be considered when determining designations as fleet
    14  charging zones:
    15    (a) total number of commercial and public fleet vehicles in  operation
    16  and/or total number of fleet operators in the geographic area,
    17    (b) projected vehicle traffic in the geographic area,
    18    (c) benefits to public fleets, such as school bus operators,
    19    (d) benefits to environmental justice and disadvantaged communities,
    20    (e)  relevant  commitments from fleet and/or site operators to install
    21  charging equipment,
    22    (f) available capacity on the electric distribution and  local  trans-
    23  mission network to serve vehicle chargers,
    24    (g)  ensuring equitable coverage and access to fleet charging through-
    25  out the state, and
    26    (h) sites where private or public fleet vehicles are regularly parked,
    27  maintained, or otherwise dispatched for service,  including  school  bus
    28  garages.
    29    (6)  As  used  in  this  section,  the  following terms shall have the
    30  following meanings:
    31    (a) "Alternative fuel corridors" shall mean highways designated within
    32  the state pursuant  to  the  national  electric  vehicle  infrastructure
    33  formula program under 23 U.S.C.  151 and previously designated under the
    34  federal Fixing America's Surface Transportation Act of 2015.
    35    (b)  "Charging  needs  evaluation"  shall  mean  the highway and depot
    36  charging needs evaluation.
    37    (c) "Critical public charging site" shall mean a priority site for the
    38  deployment of charging infrastructure designed to  support  buildout  of
    39  charging  in  densely populated urban areas where access to charging may
    40  be limited.
    41    (d) "Fast charger" shall mean a direct current electric vehicle charg-
    42  ing port which can charge at a level of at least 150 kilowatts.
    43    (e) "Fleet charging zone" shall mean a priority  geographic  area  for
    44  the  deployment  of  charging  infrastructure  for public and commercial
    45  fleet operators or owners, including school bus fleets, taxi  and  ride-
    46  share vehicle fleets.
    47    (f)  "Freight charging hub" shall mean a priority site for the deploy-
    48  ment of large scale, fast charging  infrastructure,  which  has  minimum
    49  station power capability to simultaneously provide power across at least
    50  four ports for charging. These sites may include highway charging hubs.
    51    (g) "Highway and depot charging needs evaluation" shall mean the needs
    52  evaluation developed pursuant to subdivision two of this section.
    53    (h)  "Highway charging hub" shall mean a priority site for the deploy-
    54  ment of large scale, fast charging  infrastructure,  which  has  minimum
    55  station  power  capability  to  simultaneously provide power across four

        S. 8308--C                         101                        A. 8808--C
 
     1  ports for charging. These sites shall include but  are  not  limited  to
     2  thruway charging hubs.
     3    (i) "Major freight corridor" shall mean segments of the freight trans-
     4  portation  network identified by the federal highway administration that
     5  carry more than 50,000,000 tons per  year,  including  highway  segments
     6  that  carry  at  least 8,500 trucks per day, additional highway segments
     7  and parallel rail lines that  together  carry  at  least  8,500  trucks,
     8  trailer-on-flatcar, and container-on-flatcar payloads of typically high-
     9  value,  time  sensitive  cargo,  and rail lines and waterways that carry
    10  fifty million tons in bulk cargo per year.
    11    (j) "NEVI" shall mean the  national  electric  vehicle  infrastructure
    12  program established under the federal Infrastructure Investment and Jobs
    13  Act of 2021.
    14    (k)  "Priority highway corridor" shall mean alternative fuel corridors
    15  and other state and county highways identified  in  the  charging  needs
    16  evaluation  as  appropriate  to ensure sufficient and equitable charging
    17  access throughout the state.
    18    (l) "Thruway charging hubs"  shall  mean  all  highway  service  areas
    19  controlled,  leased,  owned,  or  operated by the New York state thruway
    20  authority.
    21    § 2. This act shall take effect immediately and  shall  be  deemed  to
    22  have been in full force and effect on and after April 1, 2024.
 
    23                                   PART RR
 
    24    Section  1.  Notwithstanding any law to the contrary, the state of New
    25  York may consent to binding arbitration with respect to the  interpreta-
    26  tion  of  a  contract, agreement, or other document or instrument or any
    27  matter in each case set forth therein that is lawfully  adopted  by  the
    28  Gateway  Development  Commission  pursuant  to  the  Gateway Development
    29  Commission Act, chapter 108 of the laws of 2019, with respect  to  phase
    30  one  of the Gateway Project as described in paragraph (h) of subdivision
    31  2 of section 2 of  that act, and to which the state of  New  York  is  a
    32  party.
    33    § 2.  This act shall take effect immediately.
 
    34                                   PART SS
 
    35    Section  1.  This  act enacts into law major components of legislation
    36  necessary related to transparency in  local  economic  development  act.
    37  Each  component  is  wholly  contained  within  a  Subpart identified as
    38  Subparts A through B. The effective date for each  particular  provision
    39  contained  within  such Subpart is set forth in the last section of such
    40  Subpart. Any provision  in  any  section  contained  within  a  Subpart,
    41  including  the effective date of the Subpart, which makes a reference to
    42  a section "of this act", when used in connection  with  that  particular
    43  component,  shall  be  deemed  to  mean  and  refer to the corresponding
    44  section of the Subpart in which it is found. Section three of  this  act
    45  sets forth the general effective date of this act.
 
    46                                  SUBPART A
 
    47    Section  1.  The  public  authorities  law  is amended by adding a new
    48  section 8 to read as follows:

        S. 8308--C                         102                        A. 8808--C
 
     1    § 8. Local authorities searchable  subsidy  and  economic  development
     2  benefits  database.  1.  For the purposes of this section, the following
     3  terms shall have the following meanings:
     4    (a) "Economic development benefits" shall mean:
     5    (i)  funds  made  available  by  a  local  development corporation for
     6  economic development, or job creation purposes including, but not limit-
     7  ed to, grants, loans, and bonds; and
     8    (ii) bonds and tax exemptions which are applied for and preapproved or
     9  certified by or on  behalf  of  an  industrial  development  agency  for
    10  economic development.
    11    (b)  "Qualified participant" shall mean a project operator pursuant to
    12  section eight hundred seventy-four of the general municipal law  with  a
    13  project  pursuant  to  section  eight  hundred fifty-four of the general
    14  municipal law.
    15    (c) "Full-time equivalent" shall mean a  unit  of  measure,  which  is
    16  equal  to  one  filled,  full-time, annual-salaried position in a manner
    17  consistent with federal calculations.
    18    (d) "The office" shall mean the authorities budget office.
    19    (e) "The database" or "the searchable database" shall mean  the  data-
    20  base created pursuant to subdivision two of this section.
    21    (f) "The project" shall mean specific work, action, endeavor, contract
    22  or  agreement for which any economic benefit as defined in paragraph (a)
    23  of this subdivision, is made available or awarded by a local development
    24  corporation or industrial development  agency  to  a  person,  business,
    25  limited liability corporation or any other entity.
    26    2. Notwithstanding any laws to the contrary, the office shall create a
    27  searchable  database,  displaying  data  regarding  economic development
    28  benefits that a qualified participant has been awarded. Such  searchable
    29  database shall include the following data, features and functionality to
    30  the extent practicable:
    31    (a)  the ability to search the database by each of the reported infor-
    32  mation fields;
    33    (b) the ability to  be  searchable,  downloadable,  and  posted  on  a
    34  publicly  accessible  website  as  well  as  referenced  on the office's
    35  website, with a direct link to the database;
    36    (c) the ability to digitally select defined individual  fields  corre-
    37  sponding  to any of the reported information from qualified participants
    38  to create unique database views;
    39    (d) the ability to download the database in its entirety, or in  part,
    40  in a common machine readable format;
    41    (e) a definition or description of terms for fields in the database;
    42    (f) a summary of each separate economic development benefit defined in
    43  paragraph  (a)  of  subdivision one of this section awarded to qualified
    44  participants;
    45    (g) a user-friendly guide to outline the features and functionality of
    46  the database;
    47    (h) a dedicated email account  for  the  public  to  direct  questions
    48  related  to  the  database, and the office mailing address, office tele-
    49  phone number, and name of the chief officer;
    50    (i) the following data on  local  development  corporations  shall  be
    51  included:
    52    (i)  relating  to  grants, the source of funds for the grant, the name
    53  and address of the entity that received the grant, the date  and  amount
    54  awarded,  how  the  grant funds will be used, whether the grant proceeds
    55  were expected to result in new jobs being created, and if so,  how  many

        S. 8308--C                         103                        A. 8808--C
 
     1  jobs  were  planned to be created and how many jobs have been created to
     2  date;
     3    (ii) relating to loans, the source of funds for the loan, the name and
     4  address  of  the  entity  that  received  the  loan, the date and amount
     5  awarded, the loan interest rate, the length of the loan  in  years,  the
     6  amount  repaid to date, how the loan funds will be used, and whether the
     7  loan was provided to the recipient for the purpose of creating jobs, and
     8  if so, how many jobs were planned to be created and how many  jobs  have
     9  been created to date; and
    10    (iii)  relating to bonds, the name and address of the recipient of the
    11  bond proceeds, the amount and date of the bond issuance, the bond inter-
    12  est rate, the year the bonds are  expected  to  be  fully  retired,  the
    13  amount  of  bond  principal retired during the reporting period, how the
    14  bond proceeds are used, whether the bond proceeds were provided  to  the
    15  recipient  to  create  jobs, and if so, how many jobs were planned to be
    16  created and how many jobs have been created to date; and
    17    (j) the following data on industrial development agency projects shall
    18  be included:
    19    (i) project name, project type, project location,  and  the  project's
    20  complete address, including the postal code in a separate and searchable
    21  field;
    22    (ii)  whether the project is part of another phase or multi phase, the
    23  category of the project purpose, the total project amount, the benefited
    24  project amount, if the project type was a bond, the bond amount, if  the
    25  project type was a lease, the lease amount, whether the qualified recip-
    26  ient is a not-for-profit, the date the project was approved, whether the
    27  industrial  development  agency took title to a property, and if so, the
    28  date that title was taken, and the year financial assistance is  planned
    29  to end;
    30    (iii) the qualified participant's name and the qualified participant's
    31  complete address, including the postal code in a separate and searchable
    32  field;
    33    (iv)    the  amount  of  project tax exemptions granted, including for
    34  state sales tax, local sales tax, county real property tax, local  prop-
    35  erty  tax,  school  property  tax,  mortgage  recording  tax,  the total
    36  exemptions, and the total  exemptions  net  of  real  property  tax  law
    37  section four hundred eighty-five-b;
    38    (v)  the  amount of payments in lieu of taxes agreed upon and actually
    39  made to the county, local municipality, or school  district,  the  total
    40  amount  of  payments in lieu of taxes agreed upon and actually made, and
    41  the net exemptions once the payments in lieu  of  taxes  are  subtracted
    42  from the total project tax exemptions; and
    43    (vi) the total number of employees for the project prior to industrial
    44  development agency status, estimate of jobs to be created, average esti-
    45  mated  annual  salary  of jobs to be created, annualized salary range of
    46  jobs to be created, original estimate of jobs to be retained,  estimated
    47  average  annual  salary  of jobs to be retained, current number of full-
    48  time equivalents,  number  of  full-time  equivalent  construction  jobs
    49  during the reporting fiscal year, and the net employment change.
    50    3.  The office shall submit a quarterly report to the governor, tempo-
    51  rary president of the senate, and speaker of the assembly outlining  key
    52  usage  statistics of the database created pursuant to subdivision two of
    53  this section including, but not limited to, the total number  of  unique
    54  users that quarter.
    55    §  2.  This  act shall take effect on the ninetieth day after it shall
    56  have become a law.

        S. 8308--C                         104                        A. 8808--C
 
     1                                  SUBPART B
 
     2    Section  1.  The  public  authorities  law  is amended by adding a new
     3  section 2829 to read as follows:
     4    § 2829. State and local authorities subject to the open  meetings  and
     5  freedom  of  information  laws. All state and local authorities, as such
     6  terms are defined in section two of this chapter, as well as all subsid-
     7  iaries of such state and local authorities, as such terms are defined in
     8  section two of this chapter, shall be subject to the provisions of arti-
     9  cles six and seven of the public officers law relating to the freedom of
    10  information and open meetings laws respectively.  All  state  and  local
    11  authorities, as well as all subsidiaries of such state and local author-
    12  ities,  shall,  to  the extent practicable, stream all open meetings and
    13  public hearings on their website in real-time, post video recordings  of
    14  all open meetings and public hearings on their website within five busi-
    15  ness  days  of the meeting or hearing and maintain such recordings for a
    16  period of not less than five years.
    17    § 2. This act shall take effect on the thirtieth day  after  it  shall
    18  have become a law.
    19    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    20  sion,  section,  subpart  or  part  of this act shall be adjudged by any
    21  court of competent jurisdiction to be invalid, such judgment  shall  not
    22  affect,  impair,  or  invalidate  the  remainder  thereof,  but shall be
    23  confined in its operation to the clause, sentence,  paragraph,  subdivi-
    24  sion,  section, subpart or part thereof directly involved in the contro-
    25  versy in which such judgment shall have  been  rendered.  It  is  hereby
    26  declared  to  be  the intent of the legislature that this act would have
    27  been enacted even if such invalid provisions had not been included here-
    28  in.
    29    § 3. This act shall take effect immediately  provided,  however,  that
    30  the  applicable effective date of Subparts A through B of this act shall
    31  be as specifically set forth in the last section of such Subpart.
 
    32                                   PART TT
 
    33    Section 1. This part enacts into law components of legislation  relat-
    34  ing  to the establishment of the New York state empire artificial intel-
    35  ligence research program.  Each component is wholly contained  within  a
    36  Subpart  identified as Subparts A through B. The effective date for each
    37  particular provision contained within such Subpart as set forth  in  the
    38  last  section  of such Subpart.   Any provision in any section contained
    39  within a Subpart, including the effective date  of  the  Subpart,  which
    40  makes  a  reference  to a section "of this act", when used in connection
    41  with that particular component, shall be deemed to mean and refer to the
    42  corresponding section of the Subpart in which it is found. Section three
    43  of this act sets forth the general effective date of this act.
 
    44                                  SUBPART A
 
    45    Section 1. The economic development law is amended  by  adding  a  new
    46  section 361 to read as follows:
    47    § 361. New York state empire artificial intelligence research program.
    48  1. Definitions. Whenever used in this section:
    49    (a)  "Division"  shall  mean  the division of science, technology, and
    50  innovation within the department.

        S. 8308--C                         105                        A. 8808--C
 
     1    (b) "Empire AI consortium" or "the consortium" shall be  the  not-for-
     2  profit corporation created to construct and manage the institute.
     3    (c)  "Institute"  shall  mean  the empire AI research institute at the
     4  university of Buffalo established pursuant to subdivision  two  of  this
     5  section.
     6    2. Empire AI research institute at the university of Buffalo. A state-
     7  owned  research  and  computing  facility at the state university of New
     8  York at Buffalo shall be established, to  be  known  as  the  empire  AI
     9  research  institute,  to promote responsible research and development to
    10  advance the ethical and public interest uses of artificial  intelligence
    11  technology  in the state. The institute shall be operated and managed by
    12  the consortium.  Construction of the institute shall be completed by the
    13  university at Buffalo, its affiliates or related entities at the  direc-
    14  tion of the consortium, or the consortium.
    15    3.  Labor  standards.  Any  construction project done pursuant to this
    16  section or using the moneys appropriated  by  New  York  state  for  the
    17  purposes  of  this  section,  shall  require  the use of a project labor
    18  agreement, as defined in subdivision one of section two hundred  twenty-
    19  two  of  the  labor  law,  for all contractors and subcontractors on the
    20  project, consistent with paragraph (a) of subdivision two of section two
    21  hundred twenty-two of the labor law.
    22    4. Energy efficiency. The division,  in  cooperation  with  the  urban
    23  development  corporation  and  the empire AI consortium, shall work with
    24  the power authority of New York, the New York state energy research  and
    25  development  authority, and the department of environmental conservation
    26  to ensure a reliable and sufficient clean energy supply for  the  insti-
    27  tute,  to  maximize  the energy efficiency of the facility or facilities
    28  and equipment of the institute,  and  minimize  emissions  and  negative
    29  environmental  impacts,  including from the use of freshwater resources,
    30  from constructing, operating, and of maintaining the institute.
    31    § 2. Section 1 of chapter 174 of the laws of  1968,  constituting  the
    32  New York state urban development corporation act, is amended by adding a
    33  new section 16-ii to read as follows:
    34    §  16-ii. Empire AI consortium reports. Beginning May first, two thou-
    35  sand  twenty-seven,  and  annually  thereafter,  the  corporation  shall
    36  prepare  and  publish  on its website, an annual report on the empire AI
    37  research institute at the  university  of  Buffalo.  Such  report  shall
    38  include but not be limited to: detail on achieving the goals and mission
    39  of  the  empire  AI  research  institute at the university of Buffalo, a
    40  summary of the state investment into the empire AI research institute at
    41  the university  of  Buffalo,  the  leveraged  investment,  job  creation
    42  impact, the total investment, total funding disbursed by the corporation
    43  to  date,  the  names  of  the private sector and academic partners that
    44  participate in the empire AI research institute  at  the  university  of
    45  Buffalo  and  affirmation  that any and all academic partners are recog-
    46  nized by the board of regents as defined in section two hundred  two  of
    47  the  education  law, a list of research areas of focus, an accounting of
    48  the total number of small businesses provided access to the supercomput-
    49  ing equipment, an assessment of whether or not the contract awardee, via
    50  the corporation, is in compliance with the terms and conditions  of  the
    51  contract  with regard to the empire AI research institute at the univer-
    52  sity of Buffalo, an articulation of any additional  state  benefits  for
    53  empire  state  development  projects  as  defined  in paragraph (a-3) of
    54  subdivision one of section fifty-eight of this chapter. Additionally, in
    55  all years in which the institute is fully operational, such report shall

        S. 8308--C                         106                        A. 8808--C
 
     1  include noteworthy projects or innovations which serve to highlight  the
     2  developments occurring in New York state as a result of the project.
     3    §  3.  Provisions  related  to the empire AI consortium. 1. As used in
     4  this section, the terms "consortium", "institute"  or  "division"  shall
     5  have  the same meaning as provided in section 361 of the economic devel-
     6  opment law.
     7    2. Plan of operation. No later than one year after  the  incorporation
     8  of the empire AI consortium, the consortium shall file with the division
     9  its  plan  of  operation,  which  shall  be designed to assure the fair,
    10  responsible, reasonable, and equitable administration of the consortium.
    11  A copy of the plan shall be submitted to  the  governor,  the  temporary
    12  president  of  the  senate  and the speaker of the assembly. The plan of
    13  operation shall at minimum, in addition to any  requirements  enumerated
    14  elsewhere in law, establish:
    15    (a)  the  mission  of  the consortium and principles of ethical use of
    16  artificial intelligence technologies;
    17    (b) procedures for application and approval of new members and  policy
    18  regarding rights and responsibilities of a member of the consortium;
    19    (c) adequate privacy controls to ensure the privacy and confidentiali-
    20  ty of individuals' personal data; and
    21    (d)  adequate  cybersecurity  controls  to ensure the confidentiality,
    22  integrity, and availability of systems and data.
    23    3. Financial oversight of the consortium. No later than May  first  of
    24  each  year  after  the  incorporation  of the consortium, the consortium
    25  shall submit to the governor, the temporary president of the senate, the
    26  speaker of the assembly, and  the  director  of  budget,  the  certified
    27  financial  statements  prepared  in  accordance  with generally accepted
    28  accounting principles by a certified public accountant.  The  consortium
    29  shall  be required on and after January first of each year to afford the
    30  certified public accountant convenient access at all reasonable hours to
    31  all books, records, and other documents, including but  not  limited  to
    32  invoices  and  vouchers,  necessary or useful in the preparation of such
    33  statements and in the verification of the monthly  statements  submitted
    34  to the consortium.
    35    §  4.  This act shall take effect immediately; provided, however, that
    36  section three of this act shall expire and be deemed repealed five years
    37  after such date.
 
    38                                  SUBPART B
 
    39    Section 1. Legislative findings. The legislature finds that the  state
    40  university  of  New York at Buffalo ("UB") seeks to use a portion of the
    41  grounds and facilities on UB's campus for the purposes of the empire  AI
    42  consortium  to  create and launch a state-of-the-art artificial intelli-
    43  gence computing center. The legislature further finds that housing  this
    44  consortium  on the UB campus will allow the consortium to bring together
    45  artificial  intelligence  researchers  and  scientists   to   accelerate
    46  research  and  innovation.  Finally, the legislature finds that granting
    47  the trustees of the state university of New York the authority and power
    48  to lease and otherwise contract  to  make  available  such  grounds  and
    49  facilities  for  such  purpose will serve the interests of the people of
    50  New York state by  expanding  educational  and  research  opportunities,
    51  spurring innovation, and strengthening the economy.
    52    §  2. Notwithstanding any other law to the contrary, the state univer-
    53  sity trustees are authorized and empowered, without any public  bidding,
    54  to  lease  and  otherwise  contract  to  make available to the empire AI

        S. 8308--C                         107                        A. 8808--C
 
     1  consortium (the "ground lessee") a portion of the lands of the universi-
     2  ty generally described in  this  act  for  the  purpose  of  developing,
     3  constructing,  maintaining  and  operating  a  facility  situated on the
     4  campus  of  the  state  university of New York at Buffalo for use by the
     5  empire AI consortium, an artificial intelligence data science technology
     6  hub and computing center. The lease shall permit the construction  of  a
     7  facility  by  the university at Buffalo, its affiliates or related enti-
     8  ties at the direction of the consortium, or the  empire  AI  consortium.
     9  Notwithstanding  anything  in  this  act  to the contrary, the empire AI
    10  consortium and/or any subsidiary  of  such  consortium  is  specifically
    11  authorized  to  operate  on  the  leased  real  property.  Such lease or
    12  contract shall be without any fee simple conveyance and  otherwise  upon
    13  terms  and  conditions  determined  by  such  trustees,  subject  to the
    14  approval of the director of the division of  the  budget,  the  attorney
    15  general  and  the state comptroller. In the event that the real property
    16  that is the subject of such lease or contract shall cease to be used for
    17  the purpose described in this act, such lease or  contract  shall  imme-
    18  diately  terminate,  and  the real property and any improvements thereon
    19  shall revert to the state university of New York. Any lease or  contract
    20  entered  into  pursuant  to this act shall be for a period not exceeding
    21  twenty years, and provide that the real property that is the subject  of
    22  such  lease or contract and any improvements thereon shall revert to the
    23  state university of New York on  the  expiration  of  such  contract  or
    24  lease.
    25    §  3. Any contract or lease entered into pursuant to this act shall be
    26  deemed to be a state contract for purposes of article 15-A of the execu-
    27  tive law, and any contractor, subcontractor, lessee or sublessee  enter-
    28  ing into such contract or lease for the construction, demolition, recon-
    29  struction, excavation, rehabilitation, repair, renovation, alteration or
    30  improvement  authorized  pursuant  to  this  act shall be deemed a state
    31  agency for the purposes of article 15-A of the executive law and subject
    32  to the provisions of such article.
    33    § 4. Notwithstanding any general, special or  local  law  or  judicial
    34  decision  to the contrary, all work performed on a project authorized by
    35  this act where all or any portion thereof involves a lease or  agreement
    36  for  construction,  demolition,  reconstruction,  excavation,  rehabili-
    37  tation, repair, renovation, alteration or improvement  shall  be  deemed
    38  public work and shall be subject to and performed in accordance with the
    39  provisions  of  article 8 of the labor law to the same extent and in the
    40  same manner as a contract of the state,  and  compliance  with  all  the
    41  provisions  of  article  8  of  the  labor  law shall be required of any
    42  lessee, sublessee, contractor or subcontractor on the project, including
    43  the enforcement of prevailing wage requirements by the fiscal officer as
    44  defined in paragraph e of subdivision 5 of section 220 of the labor  law
    45  to the same extent as a contract of the state.
    46    §  5. Notwithstanding any law, rule or regulation to the contrary, the
    47  state university of New York shall not contract out to the ground lessee
    48  or any subsidiary for the instruction or any  pedagogical  functions  or
    49  services,  or  any  administrative  services,  and  similar professional
    50  services currently being exclusively performed by state  employees.  All
    51  such functions and services shall be performed by state employees pursu-
    52  ant  to  the  civil service law. Nothing in this act shall result in the
    53  displacement of any currently employed state worker or the loss of posi-
    54  tion (including partial displacement such as reduction in the  hours  of
    55  non-overtime, wages or employment benefits), or result in the impairment
    56  of  existing  contracts  for  services  or  collective bargaining rights

        S. 8308--C                         108                        A. 8808--C
 
     1  pursuant to existing agreements. All positions currently  at  the  state
     2  university  of New York in the unclassified service of the civil service
     3  law shall remain in the unclassified service.
     4    § 6. For the purposes of this act:
     5    (a)  "Project"  shall mean work at the property authorized by this act
     6  to be leased to the ground lessee as described in section twelve of this
     7  act that involves the design, construction, reconstruction,  demolition,
     8  excavation,  rehabilitation,  repair, renovation, alteration or improve-
     9  ment of such property.
    10    (b)  "Project  labor  agreement"  shall  mean  a  pre-hire  collective
    11  bargaining  agreement  between  a  contractor  and a labor organization,
    12  establishing the labor organization as the collective bargaining  repre-
    13  sentative  for  all  persons  who  will perform work on the project, and
    14  which provides that only contractors and subcontractors who sign a  pre-
    15  negotiated  agreement  with  the  labor organization can perform project
    16  work.
    17    § 7. Nothing in this act shall be deemed to waive or impair any rights
    18  or benefits of employees of the state university of New York that other-
    19  wise would be available to them pursuant  to  the  terms  of  agreements
    20  between the certified representatives of such employees and the state of
    21  New  York  pursuant to article 14 of the civil service law, and all work
    22  performed on such property that ordinarily would be performed by employ-
    23  ees subject to article 14 of the civil service law shall continue to  be
    24  performed by such employees.
    25    §  8. Notwithstanding the provisions of any general, special, or local
    26  law or judicial decision  to  the  contrary,  the  ground  lessee  shall
    27  require  the use of a project labor agreement, as defined in subdivision
    28  one of section two hundred twenty-two of the labor law, for all contrac-
    29  tors and subcontractors on the project, consistent with paragraph (a) of
    30  subdivision 2 of section 222 of the labor law.
    31    § 9. Without limiting the determination of the terms and conditions of
    32  such contracts or leases, such terms  and  conditions  may  provide  for
    33  leasing,   subleasing,   construction,  reconstruction,  rehabilitation,
    34  improvement, operation and management of and provision of  services  and
    35  assistance  and  the  granting of licenses, easements and other arrange-
    36  ments with regard to such grounds and facilities by the  ground  lessee,
    37  and  parties  contracting with the ground lessee, and in connection with
    38  such activities, the obtaining of funding or financing,  whether  public
    39  or private, unsecured or secured (including, but not limited to, secured
    40  by  leasehold  mortgages  and  assignments  of rents and leases), by the
    41  ground lessee and parties contracting with the  ground  lessee  for  the
    42  purposes of completing the project described in this act.
    43    §  10.  Such  lease  shall  include an indemnity provision whereby the
    44  lessee or sublessee promises to indemnify, hold harmless and defend  the
    45  lessor  against all claims, suits, actions, and liability to all persons
    46  on the leased premises, including tenant, tenant's agents,  contractors,
    47  subcontractors,  employees,  customers,  guests, licensees, invitees and
    48  members of the public, for damage to any such person's property, whether
    49  real or personal, or for personal injuries arising out of  tenant's  use
    50  or occupation of the demised premises.
    51    §  11.  Any  construction  contracts entered into pursuant to this act
    52  between the ground lessee and parties contracting with the ground lessee
    53  shall be awarded by a competitive process.
    54    § 12. The property authorized by this act to be leased to  the  ground
    55  lessee is generally described as within one of two parcels of real prop-
    56  erty  with  improvements  thereon consisting of a total of approximately

        S. 8308--C                         109                        A. 8808--C
 
     1  3.13 acres situated on the campus of the state university of New York at
     2  Buffalo. The description in this section of the parcels that may be made
     3  available pursuant to this act is not meant to be a  legal  description,
     4  but is intended only to identify the parcels:
 
     5  Parcel 1

     6  Beginning at a point identified as X coordinate -78.79788341 and Y coor-
     7  dinate 42.99251367;
 
     8  Running  thence approximately east for a distance of 400 feet to a point
     9  identified as X coordinate -78.79638843 and Y coordinate 42.99251637;
 
    10  Running thence approximately south for a distance of 200 feet to a point
    11  identified as X coordinate -78.79638612 and Y coordinate 42.99196762;
 
    12  Running thence approximately west for a distance of 400 feet to a  point
    13  identified  as  X  coordinate -78.79788117 and Y coordinate 42.99196493;
    14  and
 
    15  Running thence approximately north for a distance of  200  feet  to  the
    16  point or place of beginning.
 
    17  Containing  80,000  sq.  ft.  (1.84 acres), more or less. Subject to all
    18  existing easements and restrictions of record.
 
    19  Parcel 2
 
    20  Beginning at a point identified as X coordinate -78.78973207 and Y coor-
    21  dinate 42.99481553;
 
    22  Running thence approximately east for a distance of 450 feet to a  point
    23  identified as X coordinate -78.78808744 and Y coordinate 42.99481837;
 
    24  Running thence approximately south for a distance of 125 feet to a point
    25  identified as X coordinate -78.78808635 and Y coordinate 42.9944754;
 
    26  Running  thence approximately west for a distance of 450 feet to a point
    27  identified as X coordinate -78.78973097 and  Y  coordinate  42.99447256;
    28  and
 
    29  Running  thence  approximately  north  for a distance of 125 feet to the
    30  point or place of beginning.
 
    31  Containing 56,250 sq. ft. (1.29 acres), more or  less.  Subject  to  all
    32  existing easements and restrictions of record.
 
    33  In  the  event  that  the  trustees  of the state university of New York
    34  determine that it is in the best interests of the  state  to  utilize  a
    35  different  parcel  on  the campus of the state university of New York at
    36  Buffalo for the purposes set out in this act, they are authorized to  do
    37  so  upon  sixty days notice to the director of the budget, the secretary
    38  of the senate finance committee, and the secretary of the assembly  ways
    39  and means committee.

        S. 8308--C                         110                        A. 8808--C
 
     1    § 13. The state university of New York shall not lease lands described
     2  in  this  act  unless any such lease shall be executed within 5 years of
     3  the effective date of this act.
     4    §  14. Insofar as the provisions of this act are inconsistent with the
     5  provisions of any law, general, special or local, the provisions of this
     6  act shall be controlling.
     7    § 15. This act shall take effect immediately.
     8    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     9  sion, section or subpart of this act shall be adjudged by any  court  of
    10  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    11  impair, or invalidate the remainder thereof, but shall  be  confined  in
    12  its  operation  to the clause, sentence, paragraph, subdivision, section
    13  or subpart thereof directly involved in the controversy  in  which  such
    14  judgment  shall  have  been  rendered.  It  is hereby declared to be the
    15  intent of the legislature that this act would have been enacted even  if
    16  such invalid provisions had not been included herein.
    17    §  3.  This  act shall take effect immediately provided, however, that
    18  the applicable effective date of Subparts A through B of this act  shall
    19  be as specifically set forth in the last section of such Subparts.
    20    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    21  sion,  section  or  part  of  this act shall be adjudged by any court of
    22  competent jurisdiction to be invalid, such judgement shall  not  affect,
    23  impair,  or  invalidate  the remainder thereof, but shall be confined in
    24  its operation to the clause, sentence, paragraph,  subdivision,  section
    25  or part thereof directly involved in the controversy in which such judg-
    26  ment shall have been rendered. It is hereby declared to be the intent of
    27  the  legislature  that  this  act  would  have been enacted even if such
    28  invalid provisions had not been included herein.
    29    § 3. This act shall take effect immediately  provided,  however,  that
    30  the applicable effective date of Parts A through TT of this act shall be
    31  as specifically set forth in the last section of such Parts.
Go to top