STATE OF NEW YORK ________________________________________________________________________ S. 3008 A. 3008 SENATE - ASSEMBLY January 22, 2025 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the executive law, in relation to the Waterfront Commis- sion Act (Part A); 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 Central New York Regional Transporta- tion District and adding Cortland County to such District (Part B); to amend chapter 368 of the laws of 2019 amending the vehicle and traffic law and state finance law relating to establishing a pre-licensing course internet program, in relation to extending the effectiveness thereof (Part C); to amend the vehicle and traffic law, in relation to abandoned vehicles (Part D); to amend the vehicle and traffic law, in relation to expanding the definition of what constitutes drugged impaired driving, penalizing refusals to submit to preliminary screen- ing tests, authorizing prompt license suspensions for drugged driving arrests and expanding situations in which chemical tests can be compelled (Part E); to amend the vehicle and traffic law, in relation to improving safety at elementary school intersections (Part F); to amend the vehicle and traffic law, in relation to bicycles with elec- tric assist (Part G); to amend the vehicle and traffic law, in relation to maximum speed limits for bicycles, bicycles with electric assist, electronic scooters and other devices authorized or required to use bicycle lanes (Part H); 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 authority, in relation to extending provisions of law relating to certain tax increment financing provisions (Part I); to amend chapter 929 of the laws of 1986 amending the tax law and other laws relating to the metropolitan transportation authority, in relation to extending certain provisions thereof appli- cable to the resolution of labor disputes (Part J); to amend the public authorities law, in relation to acquisitions or transfers of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12573-01-5S. 3008 2 A. 3008 property for certain transit projects; and to amend part VVV of chap- ter 58 of the laws of 2020 amending the public authorities law relat- ing to acquisitions or transfers of property for transit projects, in relation to the effectiveness thereof (Part K); to amend part UUU of chapter 58 of the laws of 2020 amending the state finance law relating to providing funding for the Metropolitan Transportation Authority 2020-2024 capital program and paratransit operating expenses, in relation to funding for net paratransit operating expenses and in relation to the effectiveness thereof (Part L); to amend the state finance law, in relation to providing funding for the metropolitan transportation authority 2025-2029 capital program (Part M); to amend the vehicle and traffic law and the public officers law, in relation to authorizing covered agencies and authorities to use weigh-in-motion technology to automatically enforce vehicle weight limits on their facilities (Part N); to amend the vehicle and traffic law, in relation to bus operation-related traffic regulations (Part O); to amend the vehicle and traffic law and the administrative code of the city of New York, in relation to the authorization of a surcharge for the issuance of permits relating to the obstruction or closure of a street or pedestrian plaza for construction purposes in a city having a popu- lation of one million or more and to the imposition of such surcharge (Part P); to amend the vehicle and traffic law and the public officers law, in relation to the speed violation photo monitoring systems program in work zones including authorizing a photo monitoring program for the Triborough bridge and tunnel authority and New York state bridge authority; to amend the state finance law, in relation to establishing a work zone speed camera administration fund; and to amend chapter 421 of the laws of 2021 amending the vehicle and traffic law and the general municipal law relating to certain notices of liability, in relation to making such provisions permanent (Part Q); to amend the penal law and the vehicle and traffic law, in relation to expanding enhanced assault protection for motor vehicle license exam- iners, motor vehicle representatives, highway workers, motor carrier investigators, motor carrier inspectors, and triborough bridge and tunnel authority workers (Part R); 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 demon- stration project, in relation to the effectiveness thereof (Part S); to amend the public authorities law, in relation to authorizing the Olympic regional development authority to enter into agreements for membership of one or more of its ski venues in reciprocal ski pass programs where such members are required to guarantee contractual indemnity up to a capped amount (Part T); to amend the general busi- ness law, in relation to artificial intelligence companion models (Part U); to amend the general business law, in relation to refund policies (Part V); to amend the general business law, in relation to automatic renewals (Part W); to amend the general business law, in relation to requiring disclosure of algorithmically set prices (Part X); to amend the banking law, in relation to the regulation of buy- now-pay-later lenders (Part Y); to amend the insurance law, in relation to disclosure of pharmacy benefit manager rebate contracts (Part Z); to amend the general business law, the banking law, and the social services law, in relation to protecting eligible adults from financial exploitation (Part AA); to amend the insurance law, in relation to for hire group insurance (Part BB); to amend the insurance law, in relation to for hire motor vehicle insurance rates (Part CC);S. 3008 3 A. 3008 to amend the insurance law, in relation to rates for livery insurance (Part DD); to amend the New York state urban development corpo- ration act, in relation to extending the authority of the New York state urban development corporation to administer the empire state economic development fund (Part EE); 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 FF); to amend part BB of chapter 58 of the laws of 2012, amending the public authorities law, relating to authorizing the dormitory authori- ty to enter into certain design and construction management agree- ments, in relation to the effectiveness thereof (Part GG); in relation to enacting the private activity bond allocation act of 2025; and providing for the repeal of certain provisions upon expiration thereof (Part HH); to amend the public authorities law, in relation to the construction and financing of public libraries (Part II); to amend the public authorities law, in relation to authorizing the dormitory authority to provide additional services to local governments and the department of environmental conservation (Part JJ); 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 KK); to amend the state finance law, in relation to the excelsior linked deposit program (Part LL); to amend the state finance law and the public authorities law, in relation to purchasing thresholds (Part MM); to amend the insurance law, the public authorities law and the tax law, in relation to authorizing certain New York state and local authorities to create a pure or group captive insurance company (Part NN); to amend the agri- culture and markets law, in relation to farmland protection (Part OO); to amend the environmental conservation law, in relation to extending the waste tire management fee for five years and removing the exclu- sion for mail order sales (Part PP); to amend chapter 55 of the laws of 2021 amending the environmental conservation law relating to estab- lishing a deer hunting pilot program, in relation to extending provisions of the youth deer hunting program (Part QQ); to amend the environmental conservation law, the state finance law and the public authorities law, in relation to the inactive hazardous waste disposal site program (Part RR); to amend the general business law, in relation to prohibiting the sale and manufacturing of firefighting personal protective equipment containing intentionally added PFAS (Part SS); to amend the environmental conservation law, in relation to authorizing the commissioner of environmental conservation to acquire conservation easements without attorney general approval (Subpart A); and to amend the tax law, in relation to exemptions for any not-for-profit tax exempt corporation operated for conservation, environmental, parks or historic preservation purposes (Subpart B) (Part TT); to amend the environmental conservation law, in relation to the management of crabs (Part UU); in relation to authorizing the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the depart- ment of environmental conservation from an assessment on gas and elec- tric corporations (Part VV); to amend abandoned property law, in relation to ensuring ESCOs are subject to the same consumer protection regulations regarding unclaimed deposits and refunds currently facing utility companies (Part WW); to authorize utility and cable televisionS. 3008 4 A. 3008 assessments that provide funds to the department of health from cable television assessment revenues and to the department of agriculture and markets, department of state, the office of parks, recreation and historic preservation, and the department of environmental conserva- tion from utility assessment revenues; and providing for the repeal of such provisions upon expiration thereof (Part XX); to amend the general business law and the state finance law, in relation to increasing and redirecting civil penalties for failing to comply with the department of public service's prescribed rules and regulations established for the protection of underground facilities (Part YY); and to amend the tax law, in relation to authorizing the department of taxation and finance to disclose certain information to the department of environmental conservation or the New York state energy research and development authority for the purpose of implementing the New York state climate leadership and community protection act (Part ZZ) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement the state transportation, economic development 3 and environmental conservation budget for the 2025-2026 state fiscal 4 year. Each component is wholly contained within a Part identified as 5 Parts A through ZZ. 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. Paragraph (a) of subdivision 4 of section 534-n of the 15 executive law, as added by section 2 of part L of chapter 58 of the laws 16 of 2024, is amended to read as follows: 17 (a) The commission may temporarily suspend a permit, license or regis- 18 tration pursuant to the provisions of this subdivision until further 19 order of the commission or final disposition of the underlying case, 20 [only] where the permittee, licensee or registrant has been indicted 21 for, or otherwise charged with, a crime which is equivalent to a felony 22 in the state of New York or any crime punishable by death or imprison- 23 ment for a term exceeding three hundred sixty-four days or [only] where 24 the permittee or licensee is a security officer who is charged by the 25 commission pursuant to this section with misappropriating any other 26 person's property at or on a pier or other waterfront terminal. 27 § 2. Subdivisions 6 and 7 of section 534-u of the executive law, as 28 added by section 2 of part L of chapter 58 of the laws of 2024, are 29 amended to read as follows: 30 6. Association with a person who has been identified by a federal, 31 state, or local law enforcement agency as a member or associate of an 32 organized crime group, a terrorist group, or a career offender cartel, 33 or who is a career offender, under circumstances where such association 34 creates a reasonable belief that the participation of the [applicant]S. 3008 5 A. 3008 1 licensee or registrant in any activity required to be licensed under 2 this act would be inimical to the policies of this article, provided 3 however that association without the requisite showing of inimicality as 4 set forth herein shall be insufficient grounds for revocation; or 5 7. Conviction of a racketeering activity or knowing association with a 6 person who has been convicted of a racketeering activity by a court of 7 the United States or any state or territory thereof under circumstances 8 where such association creates a reasonable belief that the partic- 9 ipation of the [applicant] licensee or registrant in any activity 10 required to be licensed under this act would be inimical to the policies 11 of this article, provided, however, that association without the requi- 12 site showing of inimicality as set forth herein shall be insufficient 13 grounds for revocation. 14 § 3. This act shall take effect immediately. 15 PART B 16 Section 1. Section 1 of part I of chapter 413 of the laws of 1999 17 relating to providing for mass transportation payments, as amended by 18 section 1 of part E of chapter 58 of the laws of 2024, is amended to 19 read as follows: 20 Section 1. Notwithstanding any other law, rule or regulation to the 21 contrary, payment of mass transportation operating assistance pursuant 22 to section 18-b of the transportation law shall be subject to the 23 provisions contained herein and the amounts made available therefor by 24 appropriation. 25 In establishing service and usage formulas for distribution of mass 26 transportation operating assistance, the commissioner of transportation 27 may combine and/or take into consideration those formulas used to 28 distribute mass transportation operating assistance payments authorized 29 by separate appropriations in order to facilitate program administration 30 and to ensure an orderly distribution of such funds. 31 To improve the predictability in the level of funding for those 32 systems receiving operating assistance payments under service and usage 33 formulas, the commissioner of transportation is authorized with the 34 approval of the director of the budget, to provide service payments 35 based on service and usage statistics of the preceding year. 36 In the case of a service payment made, pursuant to section 18-b of the 37 transportation law, to a regional transportation authority on account of 38 mass transportation services provided to more than one county (consider- 39 ing the city of New York to be one county), the respective shares of the 40 matching payments required to be made by a county to any such authority 41 shall be as follows: 42 Percentage 43 of Matching 44 Local Jurisdiction Payment 45 -------------------------------------------- 46 In the Metropolitan Commuter 47 Transportation District: 48 New York City ................ 6.40 49 Dutchess ..................... 1.30 50 Nassau ....................... 39.60 51 Orange ....................... 0.50 52 Putnam ....................... 1.30 53 Rockland ..................... 0.10S. 3008 6 A. 3008 1 Suffolk ...................... 25.70 2 Westchester .................. 25.10 3 In the Capital District Trans- 4 portation District: 5 Albany ....................... 54.05 6 Rensselaer ................... 22.45 7 Saratoga ..................... 3.95 8 Schenectady .................. 15.90 9 Montgomery ................... 1.44 10 Warren ....................... 2.21 11 In the Central New York Re- 12 gional Transportation Dis- 13 trict: 14 Cayuga ....................... [5.11] 5.05 15 Onondaga ..................... [75.83] 74.94 16 Oswego ....................... [2.85] 2.82 17 Oneida ....................... [16.21] 16.02 18 Cortland..................... 1.17 19 In the Rochester-Genesee Re- 20 gional Transportation Dis- 21 trict: 22 Genesee ...................... 1.36 23 Livingston ................... .90 24 Monroe ....................... 90.14 25 Wayne ........................ .98 26 Wyoming ...................... .51 27 Seneca ....................... .64 28 Orleans ...................... .77 29 Ontario ...................... 4.69 30 In the Niagara Frontier Trans- 31 portation District: Erie ......................... 89.20 32 Niagara ...................... 10.80 33 Notwithstanding any other inconsistent provisions of section 18-b of 34 the transportation law or any other law, any moneys provided to a public 35 benefit corporation constituting a transportation authority or to other 36 public transportation systems in payment of state operating assistance 37 or such lesser amount as the authority or public transportation system 38 shall make application for, shall be paid by the commissioner of trans- 39 portation to such authority or public transportation system in lieu, and 40 in full satisfaction, of any amounts which the authority would otherwise 41 be entitled to receive under section 18-b of the transportation law. 42 Notwithstanding the reporting date provision of section 17-a of the 43 transportation law, the reports of each regional transportation authori- 44 ty and other major public transportation systems receiving mass trans- 45 portation operating assistance shall be submitted on or before July 15 46 of each year in the format prescribed by the commissioner of transporta- 47 tion. Copies of such reports shall also be filed with the chairpersons 48 of the senate finance committee and the assembly ways and means commit- 49 tee and the director of the budget. The commissioner of transportation 50 may withhold future state operating assistance payments to public trans- 51 portation systems or private operators that do not provide such reports. 52 Payments may be made in quarterly installments as provided in subdivi- 53 sion 2 of section 18-b of the transportation law or in such other manner 54 and at such other times as the commissioner of transportation, with the 55 approval of the director of the budget, may provide; and where paymentS. 3008 7 A. 3008 1 is not made in the manner provided by such subdivision 2, the matching 2 payments required of any city, county, Indian tribe or intercity bus 3 company shall be made within 30 days of the payment of state operating 4 assistance pursuant to this section or on such other basis as may be 5 agreed upon by the commissioner of transportation, the director of the 6 budget, and the chief executive officer of such city, county, Indian 7 tribe or intercity bus company. 8 The commissioner of transportation shall be required to annually eval- 9 uate the operating and financial performance of each major public trans- 10 portation system. Where the commissioner's evaluation process has iden- 11 tified a problem related to system performance, the commissioner may 12 request the system to develop plans to address the performance deficien- 13 cies. The commissioner of transportation may withhold future state oper- 14 ating assistance payments to public transportation systems or private 15 operators that do not provide such operating, financial, or other infor- 16 mation as may be required by the commissioner to conduct the evaluation 17 process. 18 Payments shall be made contingent upon compliance with regulations 19 deemed necessary and appropriate, as prescribed by the commissioner of 20 transportation and approved by the director of the budget, which shall 21 promote the economy, efficiency, utility, effectiveness, and coordinated 22 service delivery of public transportation systems. The chief executive 23 officer of each public transportation system receiving a payment shall 24 certify to the commissioner of transportation, in addition to informa- 25 tion required by section 18-b of the transportation law, such other 26 information as the commissioner of transportation shall determine is 27 necessary to determine compliance and carry out the purposes herein. 28 Counties, municipalities or Indian tribes that propose to allocate 29 service payments to operators on a basis other than the amount earned by 30 the service payment formula shall be required to describe the proposed 31 method of distributing governmental operating aid and submit it one 32 month prior to the start of the operator's fiscal year to the commis- 33 sioner of transportation in writing for review and approval prior to the 34 distribution of state aid. The commissioner of transportation shall only 35 approve alternate distribution methods which are consistent with the 36 transportation needs of the people to be served and ensure that the 37 system of private operators does not exceed established maximum service 38 payment limits. Copies of such approvals shall be submitted to the 39 chairpersons of the senate finance and assembly ways and means commit- 40 tees. 41 Notwithstanding the provisions of subdivision 4 of section 18-b of the 42 transportation law, the commissioner of transportation is authorized to 43 continue to use prior quarter statistics to determine current quarter 44 payment amounts, as initiated in the April to June quarter of 1981. In 45 the event that actual revenue passengers and actual total number of 46 vehicle, nautical or car miles are not available for the preceding quar- 47 ter, estimated statistics may be used as the basis of payment upon 48 approval by the commissioner of transportation. In such event, the 49 succeeding payment shall be adjusted to reflect the difference between 50 the actual and estimated total number of revenue passengers and vehicle, 51 nautical or car miles used as the basis of the estimated payment. The 52 chief executive officer may apply for less aid than the system is eligi- 53 ble to receive. Each quarterly payment shall be attributable to operat- 54 ing expenses incurred during the quarter in which it is received, unless 55 otherwise specified by such commissioner. In the event that a public 56 transportation system ceases to participate in the program, operatingS. 3008 8 A. 3008 1 assistance due for the final quarter that service is provided shall be 2 based upon the actual total number of revenue passengers and the actual 3 total number of vehicle, nautical or car miles carried during that quar- 4 ter. 5 Payments shall be contingent on compliance with audit requirements 6 determined by the commissioner of transportation. 7 In the event that an audit of a public transportation system or 8 private operator receiving funds discloses the existence of an overpay- 9 ment of state operating assistance, regardless of whether such an over- 10 payment results from an audit of revenue passengers and the actual 11 number of revenue vehicle miles statistics, or an audit of private oper- 12 ators in cases where more than a reasonable return based on equity or 13 operating revenues and expenses has resulted, the commissioner of trans- 14 portation, in addition to recovering the amount of state operating 15 assistance overpaid, shall also recover interest, as defined by the 16 department of taxation and finance, on the amount of the overpayment. 17 Notwithstanding any other law, rule or regulation to the contrary, 18 whenever the commissioner of transportation is notified by the comp- 19 troller that the amount of revenues available for payment from an 20 account is less than the total amount of money for which the public mass 21 transportation systems are eligible pursuant to the provisions of 22 section 88-a of the state finance law and any appropriations enacted for 23 these purposes, the commissioner of transportation shall establish a 24 maximum payment limit which is proportionally lower than the amounts set 25 forth in appropriations. 26 Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a 27 of the state finance law and any other general or special law, payments 28 may be made in quarterly installments or in such other manner and at 29 such other times as the commissioner of transportation, with the 30 approval of the director of the budget may prescribe. 31 § 2. This act shall take effect immediately and shall be deemed to 32 have been in full force and effect on and after April 1, 2025. 33 PART C 34 Section 1. Section 6 of chapter 368 of the laws of 2019 amending the 35 vehicle and traffic law and state finance law relating to establishing a 36 pre-licensing course internet program, is amended to read as follows: 37 § 6. This act shall take effect June 30, 2020 and shall expire and be 38 deemed repealed June 30, [2025] 2030; provided, however, that the amend- 39 ments to paragraph (a) of subdivision 3 of section 89-b of the state 40 finance law made by section four of this act shall be subject to the 41 expiration and reversion of such subdivision pursuant to section 13 of 42 part U1 of chapter 62 of the laws of 2003, as amended, when upon such 43 date the provisions of section five of this act shall take effect. 44 Effective immediately, the addition, amendment and/or repeal of any rule 45 or regulation necessary for the implementation of this act on its effec- 46 tive date are authorized to be made and completed on or before such 47 effective date. 48 § 2. This act shall take effect immediately. 49 PART D 50 Section 1. Paragraph (a) of subdivision 1 of section 1224 of the vehi- 51 cle and traffic law, as amended by chapter 795 of the laws of 1974, is 52 amended to read as follows:S. 3008 9 A. 3008 1 (a) with no number plates affixed thereto, for more than [six] three 2 hours on any highway or other public place; 3 § 2. Subdivision 2 of section 1224 of the vehicle and traffic law, as 4 amended by chapter 540 of the laws of 2002, is amended to read as 5 follows: 6 2. If an abandoned vehicle, at the time of abandonment, has no number 7 plates affixed and is of a wholesale value, taking into consideration 8 the condition of the vehicle, of [one thousand two hundred fifty] three 9 thousand five hundred dollars or less, ownership shall immediately vest 10 in the local authority having jurisdiction thereof and title to the 11 vehicle shall vest in accordance with applicable law and regulations of 12 the commissioner, provided however that a local authority shall not be 13 required to obtain title to an abandoned vehicle that is subject to the 14 provisions of this subdivision if the vehicle will be sold or otherwise 15 disposed of as junk or salvage, dismantled for use other than as a motor 16 vehicle, or otherwise destroyed. 17 § 3. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law. 19 PART E 20 Section 1. Section 114-a of the vehicle and traffic law, as amended by 21 chapter 92 of the laws of 2021, is amended to read as follows: 22 § 114-a. Drug. The term "drug" when used in this chapter, means and 23 includes any substance listed in section thirty-three hundred six of the 24 public health law and cannabis and concentrated cannabis as defined in 25 section 222.00 of the penal law and any substance or combination of 26 substances that impair physical or mental abilities to any extent. 27 § 2. The vehicle and traffic law is amended by adding two new sections 28 119-a-1 and 119-b-1 to read as follows: 29 § 119-a-1. Impaired. Impairment is reached when a driver has consumed 30 or ingested a substance or combination of substances to the extent that 31 the driver has impaired, to any extent, the physical and/or mental abil- 32 ities which a driver is expected to possess in order to operate a vehi- 33 cle as a reasonable and prudent person. 34 § 119-b-1. Intoxication. Intoxication is a greater degree of impair- 35 ment which is reached when a driver has consumed or ingested a substance 36 or combination of substances to the extent that the driver is incapable, 37 to a substantial extent, of employing the physical and/or mental abili- 38 ties which a driver is expected to possess in order to operate a vehicle 39 as a reasonable and prudent person. 40 § 3. Subdivisions 1, 2 and 3 of section 1194 of the vehicle and traf- 41 fic law, as added by chapter 47 of the laws of 1988, paragraph (a) of 42 subdivision 2 as amended by chapter 196 of the laws of 1996, paragraphs 43 (b) and (c) of subdivision 2 as amended by chapter 489 of the laws of 44 2017, clause (A) of subparagraph 1, subparagraphs 2 and 3 of paragraph 45 (b), subparagraphs 1, 2 and 3 of paragraph (c) of subdivision 2 as 46 amended by chapter 27 of the laws of 2018, subparagraphs 1 and 2 of 47 paragraph (d) of subdivision 2 as amended by chapter 732 of the laws of 48 2006, and item (iii) of clause c of subparagraph 1 of paragraph (d) of 49 subdivision 2 as amended by section 37 of part LL of chapter 56 of the 50 laws of 2010, are amended to read as follows: 51 1. Arrest and field testing. (a) Arrest. Notwithstanding the 52 provisions of section 140.10 of the criminal procedure law, a police 53 officer may, without a warrant, arrest a person, in case of a violation 54 of subdivision one of section eleven hundred ninety-two of this article,S. 3008 10 A. 3008 1 if such violation is coupled with an accident or collision in which such 2 person is involved, which in fact has been committed, though not in the 3 police officer's presence, when the officer has reasonable cause to 4 believe that the violation was committed by such person. 5 (b) Field testing. Every person operating a motor vehicle which has 6 been involved in an accident or which is operated in violation of any of 7 the provisions of this chapter shall, at the request of a police offi- 8 cer, submit to a breath test and oral/bodily fluid test to be adminis- 9 tered by the police officer. If such test indicates that such operator 10 has consumed alcohol or a drug or drugs, the police officer may request 11 such operator to submit to a chemical test and an evaluation conducted 12 by a drug recognition expert in the manner set forth in subdivision two 13 of this section. 14 (c) Refusal to submit to a breath test or oral/bodily fluid test 15 pursuant to paragraph (b) of this subdivision shall be a traffic infrac- 16 tion, subject to penalties as defined in section eighteen hundred of 17 this chapter. 18 2. Chemical tests and drug recognition evaluations. (a) When author- 19 ized. Any person who operates a motor vehicle in this state shall be 20 deemed to have given consent to an evaluation conducted by a drug recog- 21 nition expert, and a chemical test of one or more of the following: 22 breath, blood, urine, or [saliva] oral/bodily fluid, for the purpose of 23 determining the alcoholic and/or drug content [of the blood] within such 24 person's body, provided that such test is administered by or at the 25 direction of a police officer with respect to a chemical test of breath, 26 urine or [saliva] oral/bodily fluid or, with respect to a chemical test 27 of blood, at the direction of a police officer: 28 (1) having reasonable grounds to believe such person to have been 29 operating in violation of any subdivision of section eleven hundred 30 ninety-two of this article and within two hours after such person has 31 been placed under arrest for any such violation; or having reasonable 32 grounds to believe such person to have been operating in violation of 33 section eleven hundred ninety-two-a of this article and within two hours 34 after the stop of such person for any such violation, 35 (2) within two hours after a breath test, or oral/bodily fluid test, 36 as provided in paragraph (b) of subdivision one of this section, indi- 37 cates that alcohol and/or a drug or drugs has been consumed by such 38 person and in accordance with the rules and regulations established by 39 the police force of which the officer is a member; 40 (3) for the purposes of this paragraph, "reasonable grounds" to 41 believe that a person has been operating a motor vehicle after having 42 consumed alcohol in violation of section eleven hundred ninety-two-a of 43 this article shall be determined by viewing the totality of circum- 44 stances surrounding the incident which, when taken together, indicate 45 that the operator was driving in violation of such subdivision. Such 46 circumstances may include any visible or behavioral indication of alco- 47 hol consumption by the operator, the existence of an open container 48 containing or having contained an alcoholic beverage in or around the 49 vehicle driven by the operator, or any other evidence surrounding the 50 circumstances of the incident which indicates that the operator has been 51 operating a motor vehicle after having consumed alcohol at the time of 52 the incident; or 53 (4) notwithstanding any other provision of law to the contrary, no 54 person under the age of twenty-one shall be arrested for an alleged 55 violation of section eleven hundred ninety-two-a of this article. 56 However, a person under the age of twenty-one for whom a chemical testS. 3008 11 A. 3008 1 or an evaluation conducted by a drug recognition expert is authorized 2 pursuant to this paragraph may be temporarily detained by the police 3 solely for the purpose of requesting or administering such chemical test 4 or an evaluation conducted by a drug recognition expert whenever arrest 5 without a warrant for a petty offense would be authorized in accordance 6 with the provisions of section 140.10 of the criminal procedure law or 7 paragraph (a) of subdivision one of this section. 8 (b) Report of refusal. (1) If: (A) such person having been placed 9 under arrest; or (B) after a breath or oral/bodily fluid test indicates 10 the presence of alcohol and/or a drug or drugs in the person's system; 11 or (C) with regard to a person under the age of twenty-one, there are 12 reasonable grounds to believe that such person has been operating a 13 motor vehicle after having consumed alcohol in violation of section 14 eleven hundred ninety-two-a of this article; and having thereafter been 15 requested to submit to such chemical test or an evaluation conducted by 16 a drug recognition expert and having been informed that the person's 17 license or permit to drive and any non-resident operating privilege 18 shall be immediately suspended and subsequently revoked, or, for opera- 19 tors under the age of twenty-one for whom there are reasonable grounds 20 to believe that such operator has been operating a motor vehicle after 21 having consumed alcohol in violation of section eleven hundred ninety- 22 two-a of this article, shall be revoked for refusal to submit to such 23 chemical test or any portion thereof, or an evaluation conducted by a 24 drug recognition expert or any portion thereof whether or not the person 25 is found guilty of the charge for which such person is arrested or 26 detained, refuses to submit to such chemical test or any portion there- 27 of, [unless a court order has been granted pursuant to subdivision three28of this section,] or an evaluation conducted by a drug recognition 29 expert or any portion thereof, the test shall not be given and a written 30 report of such refusal shall be immediately made by the police officer 31 before whom such refusal was made. Such report may be verified by having 32 the report sworn to, or by affixing to such report a form notice that 33 false statements made therein are punishable as a class A misdemeanor 34 pursuant to section 210.45 of the penal law and such form notice togeth- 35 er with the subscription of the deponent shall constitute a verification 36 of the report. 37 (2) The report of the police officer shall set forth reasonable 38 grounds to believe such arrested person or such detained person under 39 the age of twenty-one had been driving in violation of any subdivision 40 of section eleven hundred ninety-two or eleven hundred ninety-two-a of 41 this article, that said person had refused to submit to such chemical 42 test, [and that no chemical test was administered pursuant to the43requirements of subdivision three of this section] or an evaluation 44 conducted by a drug recognition expert, or any portion thereof. The 45 report shall be presented to the court upon arraignment of an arrested 46 person, provided, however, in the case of a person under the age of 47 twenty-one, for whom a test was authorized pursuant to the provisions of 48 subparagraph two or three of paragraph (a) of this subdivision, and who 49 has not been placed under arrest for a violation of any of the 50 provisions of section eleven hundred ninety-two of this article, such 51 report shall be forwarded to the commissioner within forty-eight hours 52 in a manner to be prescribed by the commissioner, and all subsequent 53 proceedings with regard to refusal to submit to such chemical test or an 54 evaluation conducted by a drug recognition expert by such person shall 55 be as set forth in subdivision three of section eleven hundred ninety- 56 four-a of this article.S. 3008 12 A. 3008 1 (3) For persons placed under arrest for a violation of any subdivision 2 of section eleven hundred ninety-two of this article, the license or 3 permit to drive and any non-resident operating privilege shall, upon the 4 basis of such written report, be temporarily suspended by the court 5 without notice pending the determination of a hearing as provided in 6 paragraph (c) of this subdivision. Copies of such report must be trans- 7 mitted by the court to the commissioner and such transmittal may not be 8 waived even with the consent of all the parties. Such report shall be 9 forwarded to the commissioner within forty-eight hours of such arraign- 10 ment. 11 (4) The court or the police officer, in the case of a person under the 12 age of twenty-one alleged to be driving after having consumed alcohol, 13 shall provide such person with a scheduled hearing date, a waiver form, 14 and such other information as may be required by the commissioner. If a 15 hearing, as provided for in paragraph (c) of this subdivision, or subdi- 16 vision three of section eleven hundred ninety-four-a of this article, is 17 waived by such person, the commissioner shall immediately revoke the 18 license, permit, or non-resident operating privilege, as of the date of 19 receipt of such waiver in accordance with the provisions of paragraph 20 (d) of this subdivision. 21 (c) Hearings. Any person whose license or permit to drive or any non- 22 resident driving privilege has been suspended pursuant to paragraph (b) 23 of this subdivision is entitled to a hearing in accordance with a hear- 24 ing schedule to be promulgated by the commissioner. If the department 25 fails to provide for such hearing fifteen days after the date of the 26 arraignment of the arrested person, the license, permit to drive or 27 non-resident operating privilege of such person shall be reinstated 28 pending a hearing pursuant to this section. The hearing shall be limited 29 to the following issues: (1) did the police officer have reasonable 30 grounds to believe that such person had been driving in violation of any 31 subdivision of section eleven hundred ninety-two of this article; (2) 32 did the police officer make a lawful arrest of such person; (3) was such 33 person given sufficient warning, in clear or unequivocal language, prior 34 to such refusal that such refusal to submit to such chemical test or any 35 portion thereof, or an evaluation conducted by a drug recognition expert 36 or any portion thereof, would result in the immediate suspension and 37 subsequent revocation of such person's license or operating privilege 38 whether or not such person is found guilty of the charge for which the 39 arrest was made; and (4) did such person refuse to submit to such chemi- 40 cal test or any portion thereof, or an evaluation conducted by a drug 41 recognition expert or any portion thereof. If, after such hearing, the 42 hearing officer, acting on behalf of the commissioner, finds on any one 43 of said issues in the negative, the hearing officer shall immediately 44 terminate any suspension arising from such refusal. If, after such hear- 45 ing, the hearing officer, acting on behalf of the commissioner finds all 46 of the issues in the affirmative, such officer shall immediately revoke 47 the license or permit to drive or any non-resident operating privilege 48 in accordance with the provisions of paragraph (d) of this subdivision. 49 A person who has had a license or permit to drive or non-resident oper- 50 ating privilege suspended or revoked pursuant to this subdivision may 51 appeal the findings of the hearing officer in accordance with the 52 provisions of article three-A of this chapter. Any person may waive the 53 right to a hearing under this section. Failure by such person to appear 54 for the scheduled hearing shall constitute a waiver of such hearing, 55 provided, however, that such person may petition the commissioner for a 56 new hearing which shall be held as soon as practicable.S. 3008 13 A. 3008 1 (d) Sanctions. (1) Revocations. a. Any license which has been revoked 2 pursuant to paragraph (c) of this subdivision shall not be restored for 3 at least one year after such revocation, nor thereafter, except in the 4 discretion of the commissioner. However, no such license shall be 5 restored for at least eighteen months after such revocation, nor there- 6 after except in the discretion of the commissioner, in any case where 7 the person has had a prior revocation resulting from refusal to submit 8 to a chemical test or an evaluation conducted by a certified drug recog- 9 nition expert or any portion thereof, or has been convicted of or found 10 to be in violation of any subdivision of section eleven hundred ninety- 11 two or section eleven hundred ninety-two-a of this article not arising 12 out of the same incident, within the five years immediately preceding 13 the date of such revocation; provided, however, a prior finding that a 14 person under the age of twenty-one has refused to submit to a chemical 15 test or an evaluation conducted by a certified drug recognition expert 16 or any portion thereof pursuant to subdivision three of section eleven 17 hundred ninety-four-a of this article shall have the same effect as a 18 prior finding of a refusal pursuant to this subdivision solely for the 19 purpose of determining the length of any license suspension or revoca- 20 tion required to be imposed under any provision of this article, 21 provided that the subsequent offense or refusal is committed or occurred 22 prior to the expiration of the retention period for such prior refusal 23 as set forth in paragraph (k) of subdivision one of section two hundred 24 one of this chapter. 25 b. Any license which has been revoked pursuant to paragraph (c) of 26 this subdivision or pursuant to subdivision three of section eleven 27 hundred ninety-four-a of this article, where the holder was under the 28 age of twenty-one years at the time of such refusal, shall not be 29 restored for at least one year, nor thereafter, except in the discretion 30 of the commissioner. Where such person under the age of twenty-one years 31 has a prior finding, conviction or youthful offender adjudication 32 resulting from a violation of section eleven hundred ninety-two or 33 section eleven hundred ninety-two-a of this article, not arising from 34 the same incident, such license shall not be restored for at least one 35 year or until such person reaches the age of twenty-one years, whichever 36 is the greater period of time, nor thereafter, except in the discretion 37 of the commissioner. 38 c. Any commercial driver's license which has been revoked pursuant to 39 paragraph (c) of this subdivision based upon a finding of refusal to 40 submit to a chemical test or an evaluation conducted by a certified drug 41 recognition expert or any portion thereof, where such finding occurs 42 within or outside of this state, shall not be restored for at least 43 eighteen months after such revocation, nor thereafter, except in the 44 discretion of the commissioner, but shall not be restored for at least 45 three years after such revocation, nor thereafter, except in the 46 discretion of the commissioner, if the holder of such license was oper- 47 ating a commercial motor vehicle transporting hazardous materials at the 48 time of such refusal. However, such person shall be permanently disqual- 49 ified from operating a commercial motor vehicle in any case where the 50 holder has a prior finding of refusal to submit to a chemical test or an 51 evaluation thereof conducted by a certified drug recognition expert or 52 any portion thereof pursuant to this section or has a prior conviction 53 of any of the following offenses: any violation of section eleven 54 hundred ninety-two of this article; any violation of subdivision one or 55 two of section six hundred of this chapter; or has a prior conviction of 56 any felony involving the use of a motor vehicle pursuant to paragraphS. 3008 14 A. 3008 1 (a) of subdivision one of section five hundred ten-a of this chapter. 2 Provided that the commissioner may waive such permanent revocation after 3 a period of ten years has expired from such revocation provided: 4 (i) that during such ten year period such person has not been found to 5 have refused a chemical test or an evaluation conducted by a certified 6 drug recognition expert or any portion thereof pursuant to this section 7 and has not been convicted of any one of the following offenses: any 8 violation of section eleven hundred ninety-two of this article; refusal 9 to submit to a chemical test or an evaluation conducted by a certified 10 drug recognition expert or any portion thereof pursuant to this section; 11 any violation of subdivision one or two of section six hundred of this 12 chapter; or has a prior conviction of any felony involving the use of a 13 motor vehicle pursuant to paragraph (a) of subdivision one of section 14 five hundred ten-a of this chapter; 15 (ii) that such person provides acceptable documentation to the commis- 16 sioner that such person is not in need of alcohol or drug treatment or 17 has satisfactorily completed a prescribed course of such treatment; and 18 (iii) after such documentation is accepted, that such person is grant- 19 ed a certificate of relief from disabilities or a certificate of good 20 conduct pursuant to article twenty-three of the correction law by the 21 court in which such person was last penalized. 22 d. Upon a third finding of refusal and/or conviction of any of the 23 offenses which require a permanent commercial driver's license revoca- 24 tion, such permanent revocation may not be waived by the commissioner 25 under any circumstances. 26 (2) Civil penalties. Except as otherwise provided, any person whose 27 license, permit to drive, or any non-resident operating privilege is 28 revoked pursuant to the provisions of this section shall also be liable 29 for a civil penalty in the amount of five hundred dollars except that if 30 such revocation is a second or subsequent revocation pursuant to this 31 section issued within a five year period, or such person has been 32 convicted of a violation of any subdivision of section eleven hundred 33 ninety-two of this article within the past five years not arising out of 34 the same incident, the civil penalty shall be in the amount of seven 35 hundred fifty dollars. Any person whose license is revoked pursuant to 36 the provisions of this section based upon a finding of refusal to submit 37 to a chemical test or an evaluation conducted by a certified drug recog- 38 nition expert or any portion thereof while operating a commercial motor 39 vehicle shall also be liable for a civil penalty of five hundred fifty 40 dollars except that if such person has previously been found to have 41 refused a chemical test or an evaluation conducted by a certified drug 42 recognition expert or any portion thereof pursuant to this section while 43 operating a commercial motor vehicle or has a prior conviction of any of 44 the following offenses while operating a commercial motor vehicle: any 45 violation of section eleven hundred ninety-two of this article; any 46 violation of subdivision two of section six hundred of this chapter; or 47 has a prior conviction of any felony involving the use of a commercial 48 motor vehicle pursuant to paragraph (a) of subdivision one of section 49 five hundred ten-a of this chapter, then the civil penalty shall be 50 seven hundred fifty dollars. No new driver's license or permit shall be 51 issued, or non-resident operating privilege restored to such person 52 unless such penalty has been paid. All penalties collected by the 53 department pursuant to the provisions of this section shall be the prop- 54 erty of the state and shall be paid into the general fund of the state 55 treasury.S. 3008 15 A. 3008 1 (3) Effect of rehabilitation program. No period of revocation arising 2 out of this section may be set aside by the commissioner for the reason 3 that such person was a participant in the alcohol and drug rehabili- 4 tation program set forth in section eleven hundred ninety-six of this 5 article. 6 (e) Regulations. The commissioner shall promulgate such rules and 7 regulations as may be necessary to effectuate the provisions of subdivi- 8 sions one and two of this section. 9 (f) Evidence. Evidence of a refusal to submit to such chemical test or 10 any portion thereof or an evaluation conducted by a certified drug 11 recognition expert or any portion thereof shall be admissible in any 12 trial, proceeding or hearing based upon a violation of the provisions of 13 section eleven hundred ninety-two of this article but only upon a show- 14 ing that the person was given sufficient warning, in clear and unequiv- 15 ocal language, of the effect of such refusal and that the person 16 persisted in the refusal. Evidence of a refusal shall be admissible 17 pursuant to this section regardless of the time of the refusal. 18 (g) Results. Upon the request of the person who was tested, the 19 results of such test shall be made available to such person. 20 3. Compulsory chemical tests. (a) Court ordered chemical tests. 21 Notwithstanding the provisions of subdivision two of this section, no 22 person who operates a motor vehicle in this state may refuse to submit 23 to a chemical test of one or more of the following: breath, blood, urine 24 or [saliva] oral/bodily fluids, for the purpose of determining the alco- 25 holic and/or drug content of the blood or oral/bodily fluids when a 26 court order for such chemical test has been issued in accordance with 27 the provisions of this subdivision. 28 (b) When authorized. Upon refusal by any person to submit to a chemi- 29 cal test or any portion thereof as described above, the test shall not 30 be given unless a police officer or a district attorney, as defined in 31 subdivision thirty-two of section 1.20 of the criminal procedure law, 32 requests and obtains a court order to compel a person to submit to a 33 chemical test to determine the alcoholic or drug content of the person's 34 blood or oral/bodily fluids upon a finding of reasonable cause to 35 believe that: 36 (1) such person was the operator of a motor vehicle and in the course 37 of such operation [a person other than the operator was killed or38suffered serious physical injury as defined in section 10.00 of the39penal law] the motor vehicle was involved in a crash; or personal injury 40 has been caused to another person, due to an incident involving the 41 motor vehicle operated by such person; or such person has a previous 42 conviction for a violation of any subdivision of section eleven hundred 43 ninety-two of this article; and 44 (2) a. either such person operated the vehicle in violation of any 45 subdivision of section eleven hundred ninety-two of this article, or 46 b. a breath test or oral/bodily fluid test administered by a police 47 officer in accordance with paragraph (b) of subdivision one of this 48 section indicates that alcohol or a drug or drugs has been consumed by 49 such person; and 50 (3) such person has been placed under lawful arrest; and 51 (4) such person has refused to submit to a chemical test or any 52 portion thereof or an evaluation conducted by a certified drug recogni- 53 tion expert, or any portion thereof, requested in accordance with the 54 provisions of paragraph (a) of subdivision two of this section or is 55 unable to give consent to such a test.S. 3008 16 A. 3008 1 (c) Reasonable cause; definition. For the purpose of this subdivision 2 "reasonable cause" shall be determined by viewing the totality of 3 circumstances surrounding the incident which, when taken together, indi- 4 cate that the operator was driving in violation of section eleven 5 hundred ninety-two of this article. Such circumstances may include, but 6 are not limited to: evidence that the operator was operating a motor 7 vehicle in violation of any provision of this article or any other 8 moving violation at the time of the incident; any visible indication of 9 alcohol or drug consumption or impairment by the operator; the existence 10 of an open container containing an alcoholic beverage or a drug or drugs 11 in or around the vehicle driven by the operator; the odor of cannabis, 12 burnt cannabis or other drug; any other evidence surrounding the circum- 13 stances of the incident which indicates that the operator has been oper- 14 ating a motor vehicle while impaired by the consumption of alcohol or 15 drugs or intoxicated at the time of the incident. 16 (d) Court order; procedure. (1) An application for a court order to 17 compel submission to a chemical test or any portion thereof, may be made 18 to any supreme court justice, county court judge or district court judge 19 in the judicial district in which the incident occurred, or if the inci- 20 dent occurred in the city of New York before any supreme court justice 21 or judge of the criminal court of the city of New York. Such application 22 may be communicated by telephone, radio or other means of electronic 23 communication, or in person. 24 (2) The applicant must provide identification by name and title and 25 must state the purpose of the communication. Upon being advised that an 26 application for a court order to compel submission to a chemical test is 27 being made, the court shall place under oath the applicant and any other 28 person providing information in support of the application as provided 29 in subparagraph three of this paragraph. After being sworn the applicant 30 must state that the person from whom the chemical test was requested was 31 the operator of a motor vehicle and in the course of such operation [a32person, other than the operator, has been killed or seriously injured] 33 the motor vehicle was involved in a crash; or personal injury has been 34 caused to another person, due to an incident involving the motor vehicle 35 operated by such person; or such person has a previous arrest for a 36 violation of any subdivision of section eleven hundred ninety-two of 37 this article; and, based upon the totality of circumstances, there is 38 reasonable cause to believe that such person was operating a motor vehi- 39 cle in violation of any subdivision of section eleven hundred ninety-two 40 of this article and, after being placed under lawful arrest such person 41 refused to submit to a chemical test or any portion thereof, in accord- 42 ance with the provisions of this section or is unable to give consent to 43 such a test or any portion thereof. The applicant must make specific 44 allegations of fact to support such statement. Any other person properly 45 identified, may present sworn allegations of fact in support of the 46 applicant's statement. 47 (3) Upon being advised that an oral application for a court order to 48 compel a person to submit to a chemical test is being made, a judge or 49 justice shall place under oath the applicant and any other person 50 providing information in support of the application. Such oath or oaths 51 and all of the remaining communication must be recorded, either by means 52 of a voice recording device or verbatim stenographic or verbatim long- 53 hand notes. If a voice recording device is used or a stenographic record 54 made, the judge must have the record transcribed, certify to the accura- 55 cy of the transcription and file the original record and transcription 56 with the court within seventy-two hours of the issuance of the courtS. 3008 17 A. 3008 1 order. If the longhand notes are taken, the judge shall subscribe a copy 2 and file it with the court within twenty-four hours of the issuance of 3 the order. 4 (4) If the court is satisfied that the requirements for the issuance 5 of a court order pursuant to the provisions of paragraph (b) of this 6 subdivision have been met, it may grant the application and issue an 7 order requiring the accused to submit to a chemical test to determine 8 the alcoholic and/or drug content of [his] their blood [and] or 9 oral/bodily fluids and ordering the withdrawal of a blood or oral/bodily 10 fluid sample in accordance with the provisions of paragraph (a) of 11 subdivision four of this section. When a judge or justice determines to 12 issue an order to compel submission to a chemical test based on an oral 13 application, the applicant therefor shall prepare the order in accord- 14 ance with the instructions of the judge or justice. In all cases the 15 order shall include the name of the issuing judge or justice, the name 16 of the applicant, and the date and time it was issued. It must be 17 signed by the judge or justice if issued in person, or by the applicant 18 if issued orally. 19 (5) Any false statement by an applicant or any other person in support 20 of an application for a court order shall subject such person to the 21 offenses for perjury set forth in article two hundred ten of the penal 22 law. 23 (6) The chief administrator of the courts shall establish a schedule 24 to provide that a sufficient number of judges or justices will be avail- 25 able in each judicial district to hear oral applications for court 26 orders as permitted by this section. 27 (e) Administration of compulsory chemical test. An order issued pursu- 28 ant to the provisions of this subdivision shall require that a chemical 29 test to determine the alcoholic and/or drug content of the operator's 30 blood or oral/bodily fluid must be administered. The provisions of para- 31 graphs (a), (b) and (c) of subdivision four of this section shall be 32 applicable to any chemical test administered pursuant to this section. 33 § 4. The subparagraph heading and clauses a and b of subparagraph 7 of 34 paragraph (e) of subdivision 2 of section 1193 of the vehicle and traf- 35 fic law, as added by chapter 312 of the laws of 1994, clause a as 36 amended by chapter 732 of the laws of 2006, and clause b as separately 37 amended by chapters 3 and 571 of the laws of 2002, are amended to read 38 as follows: 39 Suspension pending prosecution; excessive blood alcohol content or 40 impairment by a drug or drugs. a. Except as provided in clause a-1 of 41 this subparagraph, a court shall suspend a driver's license, pending 42 prosecution, of any person charged with a violation of subdivision two, 43 two-a, three, four or four-a of section eleven hundred ninety-two of 44 this article who, at the time of arrest, is alleged to have had .08 of 45 one percent or more by weight of alcohol in such driver's blood or is 46 alleged to have been impaired by the ingestion of a drug or drugs as 47 shown by chemical analysis of blood, breath, urine or [saliva] 48 oral/bodily fluid, or by an evaluation conducted by a certified drug 49 recognition expert, or any portion thereof, made pursuant to subdivision 50 two or three of section eleven hundred ninety-four of this article, or 51 the driver makes a statement admitting to driving while intoxicated by 52 alcohol or while impaired by a drug or drugs. 53 b. The suspension occurring under clause a of this subparagraph shall 54 occur no later than at the conclusion of all proceedings required for 55 the arraignment and the suspension occurring under clause a-1 of this 56 subparagraph shall occur immediately after the holder's first appearanceS. 3008 18 A. 3008 1 before the court on the charge which shall, whenever possible, be the 2 next regularly scheduled session of the court after the arrest or at the 3 conclusion of all proceedings required for the arraignment; provided, 4 however, that if the results of any test administered pursuant to 5 section eleven hundred ninety-four of this article are not available 6 within such time period, the complainant police officer or other public 7 servant shall transmit such results to the court at the time they become 8 available, and the court shall, as soon as practicable following the 9 receipt of such results and in compliance with the requirements of this 10 subparagraph, suspend such license. In order for the court to impose 11 such suspension it must find that the accusatory instrument conforms to 12 the requirements of section 100.40 of the criminal procedure law and 13 there exists reasonable cause to believe either that (a) the holder 14 operated a motor vehicle while such holder had .08 of one percent or 15 more by weight of alcohol or was impaired by the ingestion of a drug or 16 drugs in [his or her] their blood as was shown by chemical analysis of 17 such person's blood, breath, urine or [saliva] oral/bodily fluid, or by 18 an evaluation conducted by a certified drug recognition expert, or any 19 portion thereof, made pursuant to the provisions of section eleven 20 hundred ninety-four of this article or the driver makes a statement 21 admitting to driving while intoxicated by alcohol or while impaired by a 22 drug or drugs or (b) the person was the holder of a class DJ or MJ 23 learner's permit or a class DJ or MJ driver's license and operated a 24 motor vehicle while such holder was in violation of subdivision one, two 25 and/or three of section eleven hundred ninety-two of this article. At 26 the time of such license suspension the holder shall be entitled to an 27 opportunity to make a statement regarding these two issues and to pres- 28 ent evidence tending to rebut the court's findings. 29 § 5. This act shall take effect immediately. 30 PART F 31 Section 1. Paragraph 2 of subdivision (a) of section 1642 of the vehi- 32 cle and traffic law is amended to read as follows: 33 2. Parking, standing, stopping and backing of vehicles, except in 34 violation of subparagraph b of paragraph two of subdivision (a) of 35 section twelve hundred two of this chapter where such violation occurs 36 within one thousand feet of a school grounds, as defined in subdivision 37 two of section four hundred nine of the education law, where such school 38 grounds is a public, nonpublic, or charter elementary school serving 39 students in any grade through grade five, provided that the intersection 40 is adjacent to a city block where such school grounds is located. 41 § 2. This act shall take effect on the one hundred eightieth day after 42 it shall have become a law. 43 PART G 44 Section 1. Subdivision (c) of section 102-c of the vehicle and traffic 45 law, as added by section 1 of part XX of chapter 58 of the laws of 2020, 46 is amended to read as follows: 47 (c) "Class three bicycle with electric assist." Solely within a city 48 having a population of one million or more, a bicycle weighing less than 49 one-hundred pounds with electric assist having an electric motor that 50 may be used exclusively to propel such bicycle, and that is not capable 51 of providing assistance when such bicycle reaches a speed of twenty-five 52 miles per hour.S. 3008 19 A. 3008 1 § 2. Section 121-b of the vehicle and traffic law, as amended by chap- 2 ter 160 of the laws of 1981, is amended to read as follows: 3 § 121-b. Limited use motorcycle. (a) A limited use vehicle having only 4 two or three wheels, with a seat or saddle for the operator. A limited 5 use motorcycle having a maximum performance speed, of more than thirty 6 miles per hour but not more than forty miles per hour shall be a class A 7 limited use motorcycle. A limited use motorcycle having a maximum 8 performance speed of more than twenty miles per hour but not more than 9 thirty miles per hour, shall be a class B limited use motorcycle. A 10 limited use motorcycle having a maximum performance speed of not more 11 than twenty miles per hour shall be a class C limited use motorcycle. 12 (b) A class three bicycle with electric assist as defined in subdivi- 13 sion (c) of section one hundred two-c of this article, weighing one-hun- 14 dred pounds or more. 15 § 3. This act shall take effect on the one hundred eightieth day after 16 it shall have become a law. 17 PART H 18 Section 1. Subdivision (a) of section 1642 of the vehicle and traffic 19 law is amended by adding a new paragraph 28 to read as follows: 20 28. Establishment of maximum speed limits at which bicycles, bicycles 21 with electric assist, electric scooters and other devices authorized or 22 required to use bicycle lanes and bicycle paths may proceed in such 23 bicycle lanes and bicycle paths, subject to any other speed limit appli- 24 cable to any such device imposed by this chapter or any other law or 25 rule; provided, however, that such speed limits established in bicycle 26 lanes may be no higher than the speed limit established for vehicles 27 using the same highway outside of a bicycle lane, and that such speed 28 limits established in bicycle paths may be no higher than the speed 29 limit established for vehicles using the same or adjacent highway to 30 such bicycle path. Such speed limits may be applicable throughout such 31 city, within designated areas of such city, or on designated bicycle 32 lanes or bicycle paths, or portions thereof, within such city. 33 § 2. This act shall take effect immediately. 34 PART I 35 Section 1. Section 3 of part PP of chapter 54 of the laws of 2016 36 amending the public authorities law and the general municipal law relat- 37 ing to the New York transit authority and the metropolitan transporta- 38 tion authority, as amended by section 1 of part A of chapter 58 of the 39 laws of 2024, is amended to read as follows: 40 § 3. This act shall take effect immediately; provided that the amend- 41 ments to subdivision 1 of section 119-r of the general municipal law 42 made by section two of this act shall expire and be deemed repealed 43 April 1, [2025] 2035, and provided further that such repeal shall not 44 affect the validity or duration of any contract entered into before that 45 date pursuant to paragraph f of such subdivision. 46 § 2. This act shall take effect immediately. 47 PART J 48 Section 1. Section 45 of chapter 929 of the laws of 1986 amending the 49 tax law and other laws relating to the metropolitan transportationS. 3008 20 A. 3008 1 authority, as amended by section 1 of part G of chapter 58 of the laws 2 of 2023, is amended to read as follows: 3 § 45. This act shall take effect immediately; except that: (a) para- 4 graph (d) of subdivision 3 of section 1263 of the public authorities 5 law, as added by section twenty-six of this act, shall be deemed to have 6 been in full force and effect on and after August 5, 1986; (b) sections 7 thirty-three and thirty-four of this act shall not apply to a certified 8 or recognized public employee organization which represents any public 9 employees described in subdivision 16 of section 1204 of the public 10 authorities law and such sections shall expire on July 1, [2025] 2027 11 and nothing contained within these sections shall be construed to divest 12 the public employment relations board or any court of competent juris- 13 diction of the full power or authority to enforce any order made by the 14 board or such court prior to the effective date of this act; (c) the 15 provisions of section thirty-five of this act shall expire on March 31, 16 1987; and (d) provided, however, the commissioner of taxation and 17 finance shall have the power to enforce the provisions of sections two 18 through nine of this act beyond December 31, 1990 to enable such commis- 19 sioner to collect any liabilities incurred prior to January 1, 1991. 20 § 2. This act shall take effect immediately. 21 PART K 22 Section 1. Paragraph (a) of subdivision 12-a of section 1266 of the 23 public authorities law, as added by section 2 of part VVV of chapter 58 24 of the laws of 2020, is amended to read as follows: 25 (a) Whenever the authority determines in consultation with the city of 26 New York that it is necessary to obtain the temporary or permanent use, 27 occupancy, control or possession of vacant or undeveloped or underuti- 28 lized but replaceable real property, or any interest therein, or subsur- 29 face real property or any interest therein then owned by the city of New 30 York for a project in [the two thousand fifteen to two thousand nineteen31or the two thousand twenty to two thousand twenty-four approved capital32programs to (i) install one or more elevators to make one or more subway33stations more accessible, (ii) construct or reconstruct an electrical34substation to increase available power to the subway system to expand35passenger capacity or reliability, or (iii) in connection with the capi-36tal project to construct four commuter railroad passengers stations in37the borough of the Bronx known as Penn Station access] a capital program 38 approved pursuant to section twelve hundred sixty-nine-b of this title, 39 the authority upon approval by the board of the metropolitan transporta- 40 tion authority and upon suitable notice and with the consent of the city 41 of New York may cause the title to such real property, or any interest 42 therein, to be transferred to the authority by adding it to the agree- 43 ment of lease dated June first, nineteen hundred fifty-three, as 44 amended, renewed and supplemented, authorized by section twelve hundred 45 three of this article, or may itself acquire title to such property from 46 the city of New York, and any such transfer or acquisition of real prop- 47 erty shall be subject to the provisions of subdivision five of section 48 twelve hundred sixty-six-c of this title. Nothing in this subdivision 49 shall be deemed to authorize any temporary or permanent transfer or 50 acquisition of real property, or interest therein, that is dedicated 51 parkland without separate legislative approval of such alienation. 52 § 2. Section 3 of part VVV of chapter 58 of the laws of 2020 amending 53 the public authorities law relating to acquisitions or transfers of 54 property for transit projects is amended to read as follows:S. 3008 21 A. 3008 1 § 3. This act shall take effect immediately and shall expire and be 2 deemed repealed on December 31, [2025] 2030; provided, however, that the 3 repeal of this act shall not affect any transfer or acquisition pursuant 4 to all of the terms of section two of this act that has been approved by 5 the board of the metropolitan transportation authority before such 6 repeal date. 7 § 3. This act shall take effect immediately; provided however that the 8 amendments to paragraph (a) of subdivision 12-a of section 1266 of the 9 public authorities law made by section one of this act shall not affect 10 the repeal of such subdivision and shall be deemed repealed therewith. 11 PART L 12 Section 1. Section 5 of part UUU of chapter 58 of the laws of 2020 13 amending the state finance law relating to providing funding for the 14 Metropolitan Transportation Authority 2020-2024 capital program and 15 paratransit operating expenses, is amended by adding a new subdivision 16 (c) to read as follows: 17 (c) Notwithstanding subdivisions (a) and (b) of this section, starting 18 July first, two thousand twenty-five, the city will fund eighty percent 19 of the net paratransit operating expenses of the MTA, provided that such 20 contribution shall not exceed, for each twelve-month period ending June 21 thirtieth, the sum of: (i) fifty percent of the net paratransit operat- 22 ing expenses and (ii) one hundred sixty-five million dollars. Net para- 23 transit operating expenses shall be calculated monthly by the MTA and 24 will consist of the total paratransit operating expenses of the program 25 minus the six percent of the urban tax dedicated to paratransit services 26 as of the effective date of this subdivision and minus any money 27 collected as passenger fares from paratransit operations. 28 § 2. Section 9 of part UUU of chapter 58 of the laws of 2020 amending 29 the state finance law relating to providing funding for the Metropolitan 30 Transportation Authority 2020-2024 capital program and paratransit oper- 31 ating expenses, as amended by section 3 of part D of chapter 58 of the 32 laws of 2023, is amended to read as follows: 33 § 9. This act shall take effect immediately[; provided that sections34five through seven of this act shall expire and be deemed repealed June3530, 2030; and provided further that such repeal shall not affect or36otherwise reduce amounts owed to the metropolitan transportation author-37ity paratransit assistance fund to meet the city's share of the net38paratransit operating expenses of the MTA for services provided prior to39June 30, 2030]. 40 § 3. This act shall take effect immediately. 41 PART M 42 Section 1. This act commits the state of New York and the city of New 43 York ("city") to fund, over a multi-year period, $6,000,000,000 in capi- 44 tal costs related to projects contained in the Metropolitan Transporta- 45 tion Authority ("MTA") 2025-2029 capital program ("capital program"). 46 The state share of $3,000,000,000 and the city share of $3,000,000,000 47 shall be provided to pay the capital costs of the capital program. The 48 funds committed by the state and city shall be provided concurrently, 49 and in proportion to the respective shares of each, in accordance with 50 the funding needs of the capital program.S. 3008 22 A. 3008 1 § 2. (a) No funds dedicated for operating assistance of the MTA shall 2 be used to reduce or supplant the commitment of the state or city to 3 provide $6,000,000,000 pursuant to section one of this act. 4 (b) The city and state's share of funds provided concurrently pursuant 5 to section one of this act shall be scheduled and paid to the MTA on a 6 schedule to be determined by the state director of the budget. In order 7 to determine the adequacy and pace of the level of state and city fund- 8 ing in support of the MTA's capital program, and to gauge the availabil- 9 ity of MTA capital resources planned for the capital program, the direc- 10 tor of the budget and the city may request, and the MTA shall provide, 11 periodic reports on the MTA's capital programs and financial activities. 12 The city shall certify to the state comptroller and the New York state 13 director of the budget, no later than seven days after making each 14 payment pursuant to this section, the amount of the payments and the 15 date upon which such payments were made. 16 § 3. (a) Notwithstanding any provision of law to the contrary, in the 17 event the city fails to certify to the state comptroller and the New 18 York state director of the budget that the city has paid in full any 19 concurrent payment required by section two of this act, the New York 20 state director of the budget shall direct the state comptroller to 21 transfer, collect, or deposit funds in accordance with subdivision (b) 22 of this section in an amount equal to the unpaid balance of any payment 23 required by section two of this act, provided that any such deposits 24 shall be counted against the city share of the Metropolitan Transporta- 25 tion Authority (MTA) 2025-2029 capital program (capital program) pursu- 26 ant to section one of this act. Such direction shall be pursuant to a 27 written plan or plans filed with the state comptroller, the chairperson 28 of the senate finance committee and the chairperson of the assembly ways 29 and means committee. 30 (b) Notwithstanding any provision of law to the contrary and as set 31 forth in a plan or plans submitted by the New York state director of the 32 budget pursuant to subdivision (a) of this section, the state comp- 33 troller is hereby directed and authorized to: (i) transfer funds author- 34 ized by any undisbursed general fund aid to localities appropriations or 35 state special revenue fund aid to localities appropriations, excluding 36 debt service, fiduciary, and federal fund appropriations, to the city to 37 the Metropolitan Transportation Authority capital assistance fund estab- 38 lished by section 92-ii of the state finance law in accordance with such 39 plan; and/or (ii) collect and deposit into the Metropolitan Transporta- 40 tion Authority capital assistance fund established by section 92-ii of 41 the state finance law funds from any other revenue source of the city, 42 including the sales and use tax, in accordance with such plan. The state 43 comptroller is hereby authorized and directed to make such transfers, 44 collections and deposits as soon as practicable but not more than 3 days 45 following the transmittal of such plan to the comptroller in accordance 46 with subdivision (a) of this section. 47 (c) Notwithstanding any provision of law to the contrary, the state's 48 obligation and/or liability to fund any program included in general fund 49 aid to localities appropriations or state special revenue fund aid to 50 localities appropriations from which funds are transferred pursuant to 51 subdivision (b) of this section shall be reduced in an amount equal to 52 such transfer or transfers. 53 § 4. Subdivisions 2 and 3 of section 92-ii of the state finance law, 54 as added by section 4 of part UUU of chapter 58 of the laws of 2020, are 55 amended to read as follows:S. 3008 23 A. 3008 1 2. Such fund shall consist of any monies directed thereto pursuant to 2 the provisions of section three of [the] part UUU of [the] chapter 3 fifty-eight of the laws of two thousand twenty [which added this4section] and to the provisions of section three of the part of the chap- 5 ter of the laws of two thousand twenty-five which amended this subdivi- 6 sion. 7 3. All monies deposited into the fund pursuant to [the] part UUU of 8 [the] chapter fifty-eight of the laws of two thousand twenty [which9added this section] and the part of the chapter of the laws of two thou- 10 sand twenty-five which amended this subdivision shall be paid to the 11 metropolitan transportation authority by the comptroller, without appro- 12 priation, for use in the same manner as the payments required by section 13 two of such part, as soon as practicable but not more than five days 14 from the date the comptroller determines that the full amount of the 15 unpaid balance of any payment required by section three of part UUU of 16 chapter fifty-eight of the laws of two thousand twenty and by section 17 three of such part of the chapter of the laws of two thousand twenty- 18 five which amended this subdivision has been deposited into the fund. 19 § 5. This act shall take effect immediately. 20 PART N 21 Section 1. The vehicle and traffic law is amended by adding a new 22 section 385-b to read as follows: 23 § 385-b. Owner liability for failure of operator to comply with weight 24 restrictions on a covered agency and authority's facilities. 1. (a) 25 Notwithstanding any other provision of law, a covered agency or authori- 26 ty may establish a weigh-in-motion program on its facilities imposing 27 monetary liability on the owner of a vehicle for failure of an operator 28 thereof to comply with gross vehicle weight and/or axle weight 29 restrictions on such facilities in accordance with the provisions of 30 this section. Such program shall empower the covered agency or authority 31 to install and operate weigh-in-motion violation monitoring systems on 32 its facilities. Such systems may be activated at locations on such 33 portion of its facilities as determined by the covered agency or author- 34 ity. A covered agency or authority may enter into a memorandum of agree- 35 ment with another covered agency or authority for the purposes of coor- 36 dinating the planning, design, installation, operation, construction and 37 maintenance of such weigh-in-motion program. Such memorandum shall 38 address, for purposes of such program, the use of systems, devices and 39 other facilities owned and operated by the other covered agency or 40 authority. 41 (b) No weigh-in-motion violation monitoring system shall be used 42 unless: (i) on the day it is to be used it has undergone a self-test 43 for the operation of such system; and (ii) it has undergone an annual 44 calibration check performed pursuant to paragraph (c) of this subdivi- 45 sion. A result of the daily self-test for each such system shall include 46 the date and time that the self-test was successfully performed. The 47 covered agency or authority shall retain each such daily self-test until 48 the later of the date on which the weigh-in-motion system to which it 49 applies has been permanently removed from use or the final resolution of 50 all cases involving notices of liability issued based on photographs, 51 microphotographs, video or other recorded images, and information and 52 data generated in conjunction therewith, produced by such system. 53 (c) Each weigh-in-motion violation monitoring system shall undergo a 54 calibration check every twelve months in accordance with specificationsS. 3008 24 A. 3008 1 prescribed pursuant to a memorandum of agreement between the covered 2 agency or authority and the New York state department of agriculture and 3 markets, or in accordance with an applicable reference standard as 4 determined by the covered agency or authority. Such calibration check 5 shall be performed by an independent calibration laboratory, which shall 6 issue a signed certificate of calibration on its letterhead to the 7 covered agency or authority. Nothing contained in this paragraph shall 8 be deemed to require the signature of a notary public on such certif- 9 icate. The covered agency or authority shall retain each such annual 10 certificate of calibration on file until the final resolution of all 11 cases involving notices of liability issued during such twelve-month 12 time period which were based on photographs, microphotographs, video or 13 other recorded images, and information and data generated in conjunction 14 therewith, produced by such weigh-in-motion violation monitoring system. 15 (d) The covered agency or authority shall monitor the system by evalu- 16 ating information and data collected from sensor readings of each weigh- 17 in-motion violation monitoring system. The covered agency or authority 18 shall promulgate rules for monitoring collected data, responding to 19 system alerts, and establishing a protocol for action which may include 20 recertification. 21 (e) Weigh-in-motion violation monitoring systems used in accordance 22 with the weigh-in-motion program authorized pursuant to this section 23 shall be operated only on the covered agency or authority's facilities 24 or on another agency or authority's facilities if agreed upon in a memo- 25 randum of agreement. 26 (f) (i) No photograph, microphotograph, videotape or other recorded 27 image, nor any information and data generated in conjunction therewith, 28 shall be used for any purpose other than as specified in this section, 29 except as may be otherwise provided by this paragraph. Notwithstanding 30 the above, all information and data from weigh-in-motion violation moni- 31 toring systems may be shared among covered agencies and authorities for 32 the purposes of monitoring impacts to a covered agency or authority's 33 facilities and for reporting purposes. 34 (ii) Such program shall utilize necessary technologies to ensure, to 35 the extent practicable, that photographs, microphotographs, videotape or 36 other recorded images produced by such weigh-in-motion violation moni- 37 toring systems shall not include images that identify the driver, the 38 passengers, or the contents of the vehicle. Provided, however, that no 39 notice of liability issued pursuant to this section shall be dismissed 40 solely because such a photograph, microphotograph, videotape or other 41 recorded image allows for the identification of the driver, the passen- 42 gers, or the contents of vehicles where the covered agency or authority 43 shows that it made reasonable efforts to comply with the provisions of 44 this paragraph in such case. 45 (iii) Photographs, microphotographs, videotape or any other recorded 46 image, and any information and data generated in conjunction therewith, 47 produced by a weigh-in-motion violation monitoring system shall be for 48 the exclusive use of the covered agency or authority, or by use of 49 another covered agency or authority adjudicating on behalf of a covered 50 agency, for the purpose of the adjudication of liability imposed pursu- 51 ant to this section, and of the owner receiving a notice of liability 52 pursuant to this section, and as required by the covered agency or 53 authority to study the impact of overweight vehicles on its facilities 54 and management of such facilities, and shall be destroyed by the covered 55 agency or authority, or another covered agency or authority where appli- 56 cable, upon the final resolution of the notice of liability to whichS. 3008 25 A. 3008 1 such photographs, microphotographs, videotape or other recorded images 2 and information and data generated in conjunction therewith relate, or 3 one year following the date of issuance of such notice of liability, 4 whichever is later. Notwithstanding the provisions of any other law, 5 rule or regulation to the contrary, photographs, microphotographs, vide- 6 otape or any other recorded image, and information and data generated in 7 conjunction therewith, from a weigh-in-motion violation monitoring 8 system shall not be open to the public, nor subject to civil or criminal 9 process or discovery, nor used by any court or administrative or adjudi- 10 catory body in any action or proceeding therein except that which is 11 necessary for the adjudication of a notice of liability issued pursuant 12 to this section, and no public entity or employee, officer or agent 13 thereof shall disclose such information, except that such photographs, 14 microphotographs, videotape or any other recorded images, and informa- 15 tion and data generated in conjunction therewith, from such systems: 16 (A) shall be available for inspection and copying and use by the motor 17 vehicle owner and operator for so long as such photographs, microphoto- 18 graphs, videotape or other recorded images, information and data are 19 required to be maintained or are maintained by such public entity, 20 employee, officer or agent; and 21 (B) (1) shall be furnished when described in a search warrant issued 22 by a court authorized to issue such a search warrant pursuant to article 23 six hundred ninety of the criminal procedure law or a federal court 24 authorized to issue such a search warrant under federal law, where such 25 search warrant states that there is reasonable cause to believe such 26 information constitutes evidence of, or tends to demonstrate that, a 27 misdemeanor or felony offense was committed in this state or another 28 state, or that a particular person participated in the commission of a 29 misdemeanor or felony offense in this state or another state, provided, 30 however, that if such offense was against the laws of another state, the 31 court shall only issue a warrant if the conduct comprising such offense 32 would, if occurring in this state, constitute a misdemeanor or felony 33 against the laws of this state; and 34 (2) shall be furnished in response to a subpoena duces tecum signed by 35 a judge of competent jurisdiction and issued pursuant to article six 36 hundred ten of the criminal procedure law or a judge or magistrate of a 37 federal court authorized to issue such a subpoena duces tecum under 38 federal law, where the judge finds and the subpoena states that there is 39 reasonable cause to believe such information is relevant and material to 40 the prosecution, or the defense, or the investigation by an authorized 41 law enforcement official, of the alleged commission of a misdemeanor or 42 felony in this state or another state, provided, however, that if such 43 offense was against the laws of another state, such judge or magistrate 44 shall only issue such subpoena if the conduct comprising such offense 45 would, if occurring in this state, constitute a misdemeanor or felony in 46 this state; and 47 (3) may, if lawfully obtained pursuant to this clause and clause (A) 48 of this subparagraph and otherwise admissible, be used in such criminal 49 action or proceeding. 50 (iv) The covered agency or authority shall install signage in advance 51 of locations where weigh-in-motion violation monitoring systems are in 52 operation giving notice to approaching motor vehicle operators that 53 weigh-in-motion violation monitoring systems are in use to enforce motor 54 vehicle weight restrictions. 55 (v) The covered agency or authority shall use oversight procedures to 56 ensure compliance with the aforementioned privacy protection measures.S. 3008 26 A. 3008 1 2. If the covered agency or authority establishes a program pursuant 2 to subdivision one of this section, the owner of a vehicle shall be 3 liable for a penalty imposed pursuant to this section if such vehicle 4 was used or operated with the permission of the owner, express or 5 implied, on the covered agency's or authority's facilities in violation 6 of section three hundred eighty-five of this article and the rules and 7 regulations of the covered agency or authority in relation to gross 8 vehicle weight and/or axle weight, where such vehicle was traveling ten 9 percent or more above the gross vehicle weight or twenty percent or more 10 above the axle weight at the time of such violation as indicated by at 11 least two independently detected gross vehicle weight and/or axle weight 12 measurements obtained by a weigh-in-motion violation monitoring system, 13 and such violation is evidenced by information obtained from a weigh-in- 14 motion violation monitoring system; provided however that no owner of a 15 vehicle shall be liable for a penalty imposed pursuant to this section 16 where the operator of such vehicle: has been convicted of the underlying 17 violation of section three hundred eighty-five of this article and the 18 rules and regulations of the covered agency or authority in relation to 19 gross vehicle weight and/or axle weight; or operated such vehicle in 20 accordance with the terms and conditions of any overweight permit issued 21 in accordance with this chapter and any rules and regulations promulgat- 22 ed thereto. Where a vehicle is in violation of both gross vehicle weight 23 restrictions and axle weight restrictions, the owner shall be liable for 24 a separate penalty for each such violation. 25 3. For purposes of this section, the following terms shall have the 26 following meanings: 27 (a) "covered agency or authority" shall mean: (i) the department of 28 transportation established pursuant to article two of the transportation 29 law; (ii) the Triborough bridge and tunnel authority established pursu- 30 ant to title three of article three of the public authorities law; (iii) 31 the state bridge authority established pursuant to title two of article 32 three of the public authorities law; (iv) the port authority of New York 33 and New Jersey established pursuant to chapter one hundred fifty-four of 34 the laws of nineteen hundred twenty-one; (v) the New York city depart- 35 ment of transportation; and (vi) the New York state thruway authority 36 established pursuant to title nine of article two of the public authori- 37 ties law; 38 (b) "owner" shall have the meaning provided in section two hundred 39 thirty-nine of this chapter; 40 (c) "weigh-in-motion violation monitoring system" shall mean sensors, 41 capable of operating independently of an enforcement officer, installed 42 to work in conjunction with other devices to capture and record the 43 gross vehicle weight and the axle weight of a motor vehicle, which 44 produce at least two independently detected gross vehicle weight and/or 45 axle weight measurements and automatically produce two or more photo- 46 graphs, two or more microphotographs, a videotape or other recorded 47 images of each vehicle at the time it is used or operated in violation 48 of section three hundred eighty-five of this article and the rules and 49 regulations of the covered agency or authority in relation to gross 50 vehicle weight and/or axle weight, in accordance with the provisions of 51 this section; 52 (d) "weigh-in-motion program" shall mean the program authorized by 53 this section that operates exclusively on covered agency or authority 54 facilities;S. 3008 27 A. 3008 1 (e) "covered agency or authority facilities" shall mean those sites 2 including but not limited to roadways, bridges, and highways owned, 3 operated and maintained by a covered agency or authority; and 4 (f) "rules and regulations of a covered agency or authority" shall 5 mean rules and regulations of an agency or authority described in para- 6 graph a of this subdivision. 7 4. A certificate, sworn to or affirmed by a technician employed by a 8 covered agency or authority or its agent, or a facsimile thereof, based 9 upon inspection of photographs, microphotographs, videotape or other 10 recorded images, and information and data generated in conjunction ther- 11 ewith, produced by a weigh-in-motion violation monitoring system, shall 12 be prima facie evidence of the facts contained therein. Nothing 13 contained in this subdivision shall be deemed to require the signature 14 of a notary public on such certificate. Any photographs, microphoto- 15 graphs, videotape or other recorded images evidencing such a violation 16 shall include an image of the motor vehicle alleged to be in violation 17 and the information and data generated in conjunction therewith and 18 shall be available for inspection reasonably in advance of and at any 19 proceeding to adjudicate the liability for such violation pursuant to 20 this section. 21 5. An owner liable for a violation of section three hundred eighty- 22 five of this article and the rules and regulations of a covered agency 23 or authority pursuant to a weigh-in-motion program established pursuant 24 to this section shall be liable for monetary penalties in accordance 25 with separate schedules of fines and penalties to be promulgated by a 26 covered agency or authority for a violation of section three hundred 27 eighty-five of this article and the rules and regulations of a covered 28 agency or authority in relation to gross vehicle weight and/or axle 29 weight. The liability of the owner pursuant to this section shall not 30 exceed three thousand seven hundred fifty dollars for each violation or 31 as otherwise provided for in section three hundred eighty-five of this 32 article, whichever is higher. 33 6. An imposition of liability under the weigh-in-motion program estab- 34 lished pursuant to this section shall not be deemed a conviction for an 35 operator. 36 7. (a) A notice of liability shall be sent by first class mail to each 37 person alleged to be liable as an owner for a violation of section three 38 hundred eighty-five of this article and the rules and regulations of a 39 covered agency or authority in relation to gross vehicle weight and/or 40 axle weight pursuant to this section, within fourteen business days if 41 such owner is a resident of this state and within forty-five business 42 days if such owner is a non-resident. Personal delivery on the owner 43 shall not be required. A manual or automatic record of mailing prepared 44 in the ordinary course of business shall be prima facie evidence of the 45 facts contained therein. 46 (b) A notice of liability shall contain the name and address of the 47 person alleged to be liable as an owner for a violation of section three 48 hundred eighty-five of this article and the rules and regulations of a 49 covered agency or authority in relation to gross vehicle weight and/or 50 axle weight pursuant to this section, the registration number of the 51 vehicle involved in such violation, the gross vehicle weight and/or axle 52 weight measured, the location where such violation took place, the date 53 and time of such violation, the identification number of the weigh-in- 54 motion violation monitoring system which recorded the violation or other 55 document locator number, one or more date and time stamped images iden-S. 3008 28 A. 3008 1 tifying the motor vehicle and the information and data evidencing the 2 alleged violation, and the certificate charging the liability. 3 (c) The notice of liability shall contain information advising the 4 person charged of the manner and the time in which they may contest the 5 liability alleged in the notice. Such notice of liability shall also 6 contain a prominent warning to advise the person charged that failure to 7 contest in the manner and time provided shall be deemed an admission of 8 liability and that a default judgment may be entered thereon. 9 (d) The notice of liability shall be prepared and mailed by the 10 covered agency or authority, or by any other entity authorized by the 11 covered agency or authority to prepare and mail such notice of liabil- 12 ity. 13 8. Adjudication of the liability imposed upon owners pursuant to this 14 section shall be by the covered agency or authority, or by any other 15 government entity authorized by the covered agency or authority to adju- 16 dicate such liability. If such entity is the New York city parking 17 violations bureau, such liability imposed pursuant to this section may 18 only occur within the city of New York. 19 9. If an owner receives a notice of liability pursuant to this section 20 for any time period during which the vehicle or the number plate or 21 plates of such vehicle was reported to the police department as having 22 been stolen, it shall be a valid defense to an allegation of liability 23 for a violation of section three hundred eighty-five of this article and 24 the rules and regulations of the covered agency or authority in relation 25 to gross vehicle weight and/or axle weight pursuant to this section that 26 the vehicle or the number plate or plates of such vehicle had been 27 reported to the police as stolen prior to the time the violation 28 occurred and had not been recovered by such time. For purposes of 29 asserting the defense provided by this subdivision, it shall be suffi- 30 cient that a certified copy of the police report on the stolen vehicle 31 or number plate or plates of such vehicle be sent by first class mail to 32 the covered agency or authority. 33 10. (a) An owner who is a lessor of a vehicle to which a notice of 34 liability was issued pursuant to subdivision seven of this section shall 35 not be liable for the violation of section three hundred eighty-five of 36 this article and the rules and regulations of the covered agency or 37 authority in relation to gross vehicle weight and/or axle weight pursu- 38 ant to this section, provided that: 39 (i) prior to the violation, the lessor has filed the rental, lease or 40 other contract document with the name and address of the lessee with the 41 covered agency or authority in accordance with the provisions of subdi- 42 vision ten of section twenty-nine hundred eighty-five of the public 43 authorities law or section two hundred thirty-nine of this chapter, as 44 applicable; and 45 (ii) within thirty-seven days after receiving notice from the covered 46 agency or authority of the date and time of a liability, together with 47 the other information contained in the original notice of liability, the 48 lessor submits to such covered agency or authority the correct name and 49 address of the lessee of the vehicle identified in the notice of liabil- 50 ity at the time of such violation, together with such other additional 51 information contained in the rental, lease or other contract document, 52 as may be reasonably required by the covered agency or authority pursu- 53 ant to regulations that may be promulgated for such purpose. 54 (b) Failure to comply with subparagraph (ii) of paragraph (a) of this 55 subdivision shall render the lessor liable for the penalty prescribed in 56 this section.S. 3008 29 A. 3008 1 (c) Where the lessor complies with the provisions of paragraph (a) of 2 this subdivision, the lessee of such vehicle on the date of such 3 violation shall be deemed to be the owner of such vehicle for purposes 4 of this section, shall be subject to liability for such violation pursu- 5 ant to this section and shall be sent a notice of liability pursuant to 6 subdivision seven of this section. 7 11. (a) If the owner liable for a violation of section three hundred 8 eighty-five of this article and the rules and regulations of the covered 9 agency or authority in relation to gross vehicle weight and/or axle 10 weight pursuant to this section was not the operator of the vehicle at 11 the time of the violation, the owner may maintain an action for indemni- 12 fication against the operator. 13 (b) Notwithstanding any other provision of this section, no owner of a 14 vehicle shall be subject to a monetary fine imposed pursuant to this 15 section if the operator of such vehicle was operating such vehicle with- 16 out the consent of the owner at the time such operator operated such 17 vehicle in violation of section three hundred eighty-five of this arti- 18 cle and the rules and regulations of the covered agency or authority in 19 relation to gross vehicle weight and/or axle weight. For purposes of 20 this subdivision there shall be a presumption that the operator of such 21 vehicle was operating such vehicle with the consent of the owner at the 22 time such operator operated such vehicle in violation of section three 23 hundred eighty-five of this article and the rules and regulations of the 24 covered agency or authority in relation to gross vehicle weight and/or 25 axle weight. 26 12. Nothing in this section shall be construed to limit the liability 27 of an operator of a vehicle for any violation of section three hundred 28 eighty-five of this article and the rules and regulations of the covered 29 agency or authority in relation to gross vehicle weight and/or axle 30 weight. 31 13. It shall be a defense to any prosecution for a violation of 32 section three hundred eighty-five of this article and the rules and 33 regulations of the covered agency or authority in relation to gross 34 vehicle weight and/or axle weight pursuant to this section that such 35 weigh-in-motion violation monitoring system was malfunctioning at the 36 time of the alleged violation. 37 § 2. Subdivision 2 of section 87 of the public officers law is amended 38 by adding a new paragraph (v) to read as follows: 39 (v) are photographs, microphotographs, videotape or other recorded 40 images or information and data prepared under authority of section three 41 hundred eighty-five-b of the vehicle and traffic law. 42 § 3. A covered agency or authority shall: (i) prior to implementing a 43 weigh-in-motion program as authorized by section 385-b of the vehicle 44 and traffic law, as added by section one of this act, communicate to the 45 public the plan for the use of vehicle weigh-in-motion violation moni- 46 toring systems to enforce vehicle weight restrictions so as to maximize 47 awareness of such program; (ii) during the first 60-day period in which 48 weigh-in-motion violation monitoring systems are in operation pursuant 49 to the provisions of this act send by first class mail a written warning 50 in lieu of a notice of liability to all owners of motor vehicles who 51 would be held liable for failure of operators thereof to comply with 52 section 385-b of the vehicle and traffic law in relation to gross vehi- 53 cle weight and/or axle weight, together with notice of the weigh-in-mo- 54 tion program authorized by section 385-b of the vehicle and traffic law; 55 and (iii) take such measures as are necessary to implement such programS. 3008 30 A. 3008 1 prior to its implementation, including promulgating any rules and regu- 2 lations necessary for the implementation of this act. 3 § 4. The purchase or lease of equipment for a demonstration program 4 pursuant to section 385-b of the vehicle and traffic law shall be 5 subject to the provisions of section 103 of the general municipal law. 6 § 5. This act shall take effect immediately. 7 PART O 8 Section 1. Paragraph 3 of subdivision (d) of section 1111-c-1 of the 9 vehicle and traffic law, as added by section 1 of part MM of chapter 56 10 of the laws of 2023, is amended to read as follows: 11 3. "bus operation-related traffic regulations" shall mean the follow- 12 ing provisions set forth in chapter four of title thirty-four of the 13 rules of the city of New York, adopted pursuant to section sixteen 14 hundred forty-two of this chapter: 4-08(c)(3), violation of posted no 15 standing rules prohibited-bus stop; 4-08(e)(9), general no stopping 16 zones-bicycle lanes; 4-08(f)(1), general no standing zones-double park- 17 ing; [and] 4-08(f)(4), general no standing zones-bus lane; 4-08(e)(12), 18 obstructing traffic at intersection; and section eleven hundred seven- 19 ty-five of this title. 20 § 2. This act shall take effect immediately; provided, however, that 21 the amendments to section 1111-c-1 of the vehicle and traffic law made 22 by section one of this act shall not affect the repeal of such section 23 and shall be deemed repealed therewith. 24 PART P 25 Section 1. The vehicle and traffic law is amended by adding a new 26 article 44-D to read as follows: 27 ARTICLE 44-D 28 AUTHORITY FOR IMPOSITION OF SURCHARGE ON A PERMIT ISSUED FOR 29 OBSTRUCTING OR CLOSING THE STREET FOR CONSTRUCTION PURPOSES 30 Section 1711. Definitions. 31 1712. Establishment of surcharge for obstruction or closure of a 32 street for construction activity. 33 1713. Application and exemptions. 34 1714. Administration and collection of surcharge. 35 1715. Limitations on assessment of surcharge. 36 1716. Judicial review. 37 § 1711. Definitions. As used in this article: 1. "Affordable housing 38 unit" means a residential dwelling unit that must be affordable to resi- 39 dents at or below a specific income level, provided that such level does 40 not exceed one hundred sixty-five percent of the area median income, 41 pursuant to statute, regulation, restrictive covenant or declaration, or 42 pursuant to a regulatory agreement with a federal, state, or local 43 government entity, public benefit corporation, or public housing author- 44 ity. 45 2. "Area median income" means the income limits as defined annually by 46 the U.S. Department of Housing and Urban Development (HUD) for the New 47 York, NY HUD Metro FMR Area (HMFA), as established in section three of 48 the Housing Act of nineteen hundred thirty-seven, as amended. 49 3. "Dwelling unit" has the meaning ascribed to such term in the hous- 50 ing maintenance code. 51 4. "Full obstruction" means the occupation of the entire length of a 52 curb lane, vehicular travel lane, or sidewalk for construction-relatedS. 3008 31 A. 3008 1 activity where there is a permit issued to close such length to motor 2 vehicles, pedestrians, or bicyclists. 3 5. "Partial obstruction" means the occupation of all or a portion of a 4 length of a sidewalk for construction-related activity where there is a 5 permit issued to provide a temporary pedestrian pathway, either in the 6 curb lane, on the sidewalk, or within the building envelope of an adja- 7 cent structure. 8 6. "Pedestrian plaza" means an area designated by the department of 9 transportation in the city of New York for pedestrian circulation, use 10 and enjoyment on property under the jurisdiction of such department 11 including, but not limited to, property mapped as a public place or 12 property within the bed of a roadway, and which may contain amenities 13 such as tables, seating, trees, plants, lighting, bike racks, or public 14 art. 15 7. "Person" means a natural person, co-partnership, firm, company, 16 association, joint stock association, corporation or other like organ- 17 ization. 18 § 1712. Establishment of surcharge for obstruction or closure of a 19 street for construction activity. 1. Notwithstanding the provisions of 20 any law to the contrary, every city having a population of one million 21 or more, acting through its local legislative body, is hereby authorized 22 and empowered to adopt, amend or repeal local laws imposing a surcharge 23 within its territorial limits on the issuance of any permit relating to 24 the obstruction or closure of a street or pedestrian plaza for the 25 purpose of construction required for: 26 (a) Placing construction material on a street during working hours; 27 (b) Placing construction equipment other than cranes or derricks on a 28 street during working hours; 29 (c) Temporarily closing a sidewalk; 30 (d) Constructing a temporary pedestrian walk in a roadway; 31 (e) Temporarily closing a roadway; 32 (f) Placing a shanty or trailer on a street; 33 (g) Crossing a sidewalk; 34 (h) Placing a crane or derrick on a street during working hours; 35 (i) Storing construction material on a street during non-working 36 hours; 37 (j) Storing construction equipment on a street during non-working 38 hours; or 39 (k) Other construction activity that requires the issuance of a permit 40 by the department of transportation in a city having a population of one 41 million or more for the obstruction or closure of a street or pedestrian 42 plaza. 43 2. The rate of such surcharge shall be imposed based on a schedule 44 that takes into consideration the geographical zone in which the permit 45 is issued and in no case shall be: 46 (a) For a permit for the partial obstruction of a sidewalk, less than 47 fifty cents or more than fifty dollars for up to and including ten line- 48 ar feet of sidewalk per day; 49 (b) For a permit for the full obstruction of a sidewalk, less than 50 twenty dollars or more than one thousand dollars for up to and including 51 one hundred linear feet of sidewalk per day; 52 (c) For a permit for the full obstruction of a curb lane, less than 53 ten dollars or more than one hundred dollars for up to and including ten 54 linear feet of curb lane per day; 55 (d) For a permit for the full obstruction of a vehicular travel lane, 56 less than two hundred dollars or more than two thousand dollars for upS. 3008 32 A. 3008 1 to and including one hundred linear feet of vehicular travel lane per 2 day; and 3 (e) For a permit for the full obstruction of any portion of a pedes- 4 trian plaza, less than ten cents or more than one dollar and twenty-five 5 cents for up to and including ten square feet of pedestrian plaza per 6 day. 7 3. Any local law enacted pursuant to this article may authorize a 8 reduction of the surcharge imposed for the initial three hundred sixty- 9 five days for which a permit has been issued, at a rate no more than: 10 (a) sixty percent of the surcharge due for days one through ninety; 11 and 12 (b) forty percent of the surcharge due for days ninety-one through 13 three hundred sixty-five. 14 4. Any local law enacted pursuant to this article may authorize a 15 reduction of the surcharge imposed to the extent a permit is issued for 16 construction relating to the creation or preservation of affordable 17 housing units. Such reduction shall be in proportion to the percentage 18 of affordable housing units created or preserved. 19 § 1713. Application and exemptions. 1. Surcharge to be in addition to 20 monies owed. Any surcharge imposed under the authority of this article 21 shall be in addition to any and all other fees or taxes authorized or 22 imposed under any other provision of law. This article shall not be 23 construed as limiting the power of any city, county or school district 24 to impose any other fee or tax which it is authorized to impose under 25 any other provision of law. 26 2. Any local law enacted pursuant to this article shall exempt from 27 the surcharge authorized herein any permit issued to: 28 (a) The state of New York, or any of its agencies, instrumentalities, 29 public corporations or political subdivisions where it is the permittee; 30 (b) The United States of America, and any of its agencies and instru- 31 mentalities, insofar as it is immune from taxation where it is the 32 permittee; or 33 (c) Any person where the construction for which such permit is issued 34 relates to the creation or preservation of affordable housing units; 35 provided that such affordable housing units constitute no less than 36 fifty percent of the total number of dwelling units created or preserved 37 by such construction. 38 § 1714. Administration and collection of surcharge. 1. The surcharge 39 authorized by section seventeen hundred twelve of this article shall be 40 administered and collected in such manner as may be provided in local 41 laws with such amendments in respect to administration and collection as 42 may be enacted, including through the commencement of actions and issu- 43 ance of tax warrants in a manner consistent with the commencement of 44 actions and issuance of warrants pursuant to subdivisions a, b and d of 45 section 11-1614 of the administrative code of the city of New York. 46 2. Any local law enacted pursuant to this article shall require that 47 the surcharge be paid to the agency issuing the permit prior to the 48 issuance or renewal of such permit for the term of such permit, in a 49 form and manner determined by such agency. 50 3. Such surcharge shall not be refundable except where a reduction for 51 such surcharge is authorized pursuant to subdivision four of section 52 seventeen hundred twelve of this article and an application for such 53 reduction is filed with the department of transportation no later than: 54 (a) eighteen months after execution of: (i) an agreement with a federal, 55 state or local government entity, public benefit corporation or public 56 housing authority, relating to the creation or preservation of afforda-S. 3008 33 A. 3008 1 ble housing units; or (ii) a similar instrument; or (b) eighteen months 2 after payment of such surcharge. 3 § 1715. Limitations on assessment of surcharge. Except in the case of 4 a willfully false or fraudulent permit application with intent to evade 5 the surcharge authorized by the provisions of this article, no assess- 6 ment of additional surcharge shall be made with respect to the surcharge 7 imposed under the authority of this article, after the expiration of 8 more than three years from the date of the permit application or renewal 9 thereof, provided, however, that where no such application has been 10 filed, or where there has been a change relating to the use of the 11 street or pedestrian plaza for which a permit has been issued that would 12 increase the amount of surcharge liability, as provided by law, the 13 surcharge may be assessed at any time. Where a person subject to the 14 surcharge authorized by the provisions of this article makes a change or 15 correction to a permit that has been issued, as provided by law, an 16 assessment may be made at any time within two years after the applica- 17 tion for such permit was filed. Any local law enacted pursuant to this 18 article shall authorize enforcement remedies, including but not limited 19 to the imposition of civil penalties in an amount no greater than ten 20 percent of such surcharge where a person subject to the surcharge 21 authorized by the provisions of this article fails to pay such surcharge 22 by failing to submit the required permit application. 23 § 1716. Judicial review. Any final determination of the amount of any 24 surcharge payable under this article shall be reviewable for error, 25 illegality or unconstitutionality or any other reason whatsoever by a 26 proceeding under article seventy-eight of the civil practice law and 27 rules if application therefor is made to the supreme court within four 28 months after the giving of the notice of such final determination, 29 provided, however, that any such proceeding under article seventy-eight 30 of the civil practice law and rules shall not be instituted by a person 31 liable for such surcharge unless: 1. the amount of any surcharge sought 32 to be reviewed, with such interest and penalties thereon as may be 33 provided for by local law or regulation, shall be first deposited and 34 there is filed an undertaking, issued by a surety company authorized to 35 transact business in this state and approved by the superintendent of 36 financial services of this state as to solvency and responsibility, in 37 such amount as a justice of the supreme court shall approve to the 38 effect that if such proceeding be dismissed or surcharge confirmed such 39 liable person will pay all costs and charges which may accrue in the 40 prosecution of such proceeding; or 2. at the option of such liable 41 person, such undertaking may be in a sum sufficient to cover the 42 surcharge, interest and penalties stated in such determination, plus the 43 costs and charges which may accrue against such liable person in the 44 prosecution of the proceeding, in which event the liable person shall 45 not be required to pay such surcharge, interest or penalties as a condi- 46 tion precedent to the application. 47 § 2. Title 11 of the administrative code of the city of New York is 48 amended by adding a new chapter 32 to read as follows: 49 CHAPTER 32 50 SURCHARGE ON ISSUANCE OF A PERMIT FOR OBSTRUCTING OR CLOSING THE 51 STREET FOR CONSTRUCTION PURPOSES 52 Section 11-3200 Applicability. 53 11-3201 Definitions. 54 11-3202 Surcharge for permit to obstruct or close the street for 55 construction-related purposes. 56 11-3203 General powers of the commissioner of transportation.S. 3008 34 A. 3008 1 11-3204 Presumption and burden of proof; payment of surcharge. 2 11-3205 Records to be kept. 3 11-3206 Exemptions. 4 11-3207 Determination of surcharge. 5 11-3208 Remedies exclusive. 6 11-3209 Proceedings to recover surcharge. 7 11-3210 Penalties and interest. 8 11-3211 Notices and limitations of time. 9 § 11-3200 Applicability. The provisions of this chapter shall only 10 apply during any period in which a local law implementing article 11 forty-four-D of the vehicle and traffic law is not in effect, except 12 that any provision of this chapter relating to the collection, adminis- 13 tration, or enforcement of a surcharge imposed pursuant to this chapter 14 shall continue to be in effect during such period as it relates to such 15 surcharge. 16 § 11-3201 Definitions. For purposes of this chapter, the following 17 terms shall have the following meanings: 18 (a) Affordable housing unit. The term "affordable housing unit" means 19 a residential dwelling unit that must be affordable to residents at or 20 below a specific income level, provided that such level does not exceed 21 one hundred sixty-five percent of the area median income, pursuant to 22 statute, regulation, restrictive covenant or declaration, or pursuant to 23 a regulatory agreement with a federal, state, or local government enti- 24 ty, public benefit corporation or public housing authority. 25 (b) Area median income. The term "area median income" means the income 26 limits as defined annually by the U.S. Department of Housing and Urban 27 Development (HUD) for the New York, NY HUD Metro FMR Area (HMFA), as 28 established in section three of the Housing Act of nineteen hundred 29 thirty-seven, as amended. 30 (c) Central business district. The term "central business district" 31 means the geographic area of the borough of Manhattan south of and 32 inclusive of sixtieth street. 33 (d) Construction permit. The term "construction permit" means a permit 34 issued by the department of transportation relating to the obstruction 35 or closure of a street or pedestrian plaza for the purpose of 36 construction that is required for: 37 (1) Placing construction material on a street during working hours; 38 (2) Placing construction equipment other than cranes or derricks on a 39 street during working hours; 40 (3) Temporarily closing a sidewalk; 41 (4) Constructing a temporary pedestrian walk in a roadway; 42 (5) Temporarily closing a roadway; 43 (6) Placing a shanty or trailer on a street; 44 (7) Crossing a sidewalk; 45 (8) Placing a crane or derrick on a street during working hours; 46 (9) Storing construction material on a street during non-working 47 hours; 48 (10) Storing construction equipment on a street during non-working 49 hours; or 50 (11) Other construction activity that requires the issuance of a 51 permit by the department of transportation for the obstruction or 52 closure of a street or pedestrian plaza. 53 (e) Dwelling unit. The term "dwelling unit" has the meaning ascribed 54 to such term in the housing maintenance code. 55 (f) Full obstruction. The term "full obstruction" means the occupation 56 of the entire length of a curb lane, vehicular travel lane, or sidewalkS. 3008 35 A. 3008 1 for construction-related activity where there is a permit issued to 2 close such length to motor vehicles, pedestrians, or bicyclists. 3 (g) Partial obstruction. The term "partial obstruction" means the 4 occupation of all or a portion of a length of a sidewalk for construc- 5 tion-related activity where there is a permit issued to provide a tempo- 6 rary pedestrian pathway, either in the curb lane, on the sidewalk, or 7 within the building envelope of an adjacent structure. 8 (h) Pedestrian plaza. The term "pedestrian plaza" means an area desig- 9 nated by the department of transportation as such for pedestrian circu- 10 lation, use and enjoyment on property under the jurisdiction of the 11 department including, but not limited to, property mapped as a public 12 place or property within the bed of a roadway, and which may contain 13 amenities such as tables, seating, trees, plants, lighting, bike racks, 14 or public art. 15 (i) Roadway. The term "roadway" means that portion of a street 16 designed, improved or ordinarily used for vehicular travel, exclusive of 17 the shoulder and slope. 18 (j) Sidewalk. The term "sidewalk" means that portion of a street 19 between the curb lines, or the lateral lines of a roadway, and the adja- 20 cent property lines, but not including the curb, intended for the use of 21 pedestrians. 22 § 11-3202 Surcharge for permit to obstruct or close the street for 23 construction-related purposes. (a) A surcharge is imposed on the issu- 24 ance of any construction permit. 25 (b) The rate of such surcharge shall be: (1) For a construction permit 26 for the partial obstruction of a sidewalk, five dollars for up to and 27 including ten linear feet of sidewalk per day, except for in the central 28 business district, where the rate shall be ten dollars for up to and 29 including ten linear feet of sidewalk per day; 30 (2) For a construction permit for the full obstruction of a sidewalk, 31 two hundred dollars for up to and including one hundred linear feet per 32 day, except for in the central business district where the rate shall be 33 four hundred dollars for up to and including one hundred linear feet per 34 day; 35 (3) For a construction permit for the full obstruction of a curb lane, 36 fifteen dollars for up to and including ten linear feet of curb lane per 37 day, except for in the central business district where the rate shall be 38 thirty-five dollars for up to and including ten linear feet per day; 39 (4) For a construction permit for the full obstruction of a vehicular 40 travel lane, three hundred dollars for up to and including one hundred 41 linear feet of vehicular travel lane per day, except for in the central 42 business district where the rate shall be seven hundred dollars for up 43 to and including one hundred linear feet of vehicular travel lane per 44 day; and 45 (5) For a construction permit for the full obstruction of any portion 46 of a pedestrian plaza, thirty cents for up to and including ten square 47 feet of vehicular travel lane per day, except for in the central busi- 48 ness district where the rate shall be sixty cents for up to and includ- 49 ing ten square feet of pedestrian plaza per day. 50 (c) Such rate shall be reduced for the initial three hundred sixty- 51 five days for which the construction permit has been issued as follows: 52 (1) sixty percent of the surcharge due for days one through ninety; 53 and 54 (2) forty percent of the surcharge due for days ninety-one through 55 three hundred sixty-five.S. 3008 36 A. 3008 1 (d) Such rate shall be reduced in proportion to the percentage of 2 affordable housing units created or preserved. 3 § 11-3203 General powers of the commissioner of transportation. The 4 commissioner of transportation is hereby authorized and empowered: 5 (a) To make, adopt and amend rules and regulations appropriate to the 6 carrying out of this chapter and the purposes thereof; 7 (b) To prescribe methods for determining the construction permits 8 issued or the length or area of street or pedestrian plaza obstructed; 9 (c) To require construction contractors, construction managers, design 10 engineers, or other persons, as applicable, to maintain records with 11 respect to streets and pedestrian plazas obstructed, and to furnish any 12 information with respect thereto upon request to the commissioner of 13 transportation; 14 (d) To assess, determine and readjust the surcharge imposed under this 15 chapter; 16 (e) (1) To administer oaths and take affidavits, or to cause the 17 employees or officers of the department of transportation to administer 18 oaths and affidavits in relation to any matter or proceeding in the 19 exercise of their powers and duties under this chapter; and 20 (2) To subpoena and require the attendance of witnesses and the 21 production of books, papers and documents to secure information perti- 22 nent to the performance of such commissioner's duties pursuant to this 23 chapter and of the enforcement of this chapter and to examine them in 24 relation thereto, and to issue commissions for the examination of 25 witnesses who are out of the state or unable to attend before such 26 commissioner or excused from attendance; 27 (f) To remit penalties but not interest; and to compromise disputed 28 claims in connection with the surcharge hereby imposed; and 29 (g) To delegate the functions hereunder to an assistant commissioner 30 or deputy commissioner of transportation or to any employee or employees 31 of such commissioner. 32 § 11-3204 Presumption and burden of proof; payment of surcharge. (a) 33 If a street or pedestrian plaza is obstructed without the issuance of a 34 valid construction permit, or if a street or pedestrian plaza is 35 obstructed beyond the area or beyond the time period authorized in a 36 construction permit, in a manner that would subject such obstruction to 37 the surcharge described in section 11-3202 of this chapter, there shall 38 be a rebuttable presumption that such obstruction is subject to the 39 surcharge. If an obstruction is observed beyond the time period in which 40 such obstruction was authorized in a construction permit, there shall be 41 a rebuttable presumption that such obstruction occurred continuously 42 until such observation. If an obstruction is observed beyond the area in 43 which such obstruction was authorized in a construction permit, there 44 shall be a rebuttable presumption that such obstruction occurred contin- 45 uously from the point at which such construction permit authorized any 46 obstruction. Such presumption shall prevail until the contrary is estab- 47 lished and the burden of proving the contrary shall be upon the person 48 to whom the construction permit is issued. Such surcharge shall be due 49 against the person to whom the construction permit is issued, or if no 50 such permit was issued, against the person creating such obstruction. 51 Any person under contract with such person for the performance of work 52 or other activity creating such obstruction shall also be liable for 53 such surcharge. 54 (b) For the purpose of proper administration of this chapter and to 55 prevent evasion of the surcharge authorized under this chapter, the 56 surcharge authorized by this chapter shall be due prior to issuance of aS. 3008 37 A. 3008 1 construction permit. The payment shall be made by the person to whom the 2 construction permit is issued and shall be paid to the department of 3 transportation in accordance with rules of such department. 4 (c) The surcharge shall not be refundable, except where a reduction 5 for such surcharge is authorized pursuant to subdivision (d) of section 6 11-3202 of this chapter and an application for such reduction is filed 7 with the department of transportation no later than: (1) eighteen months 8 after execution of: (i) an agreement with a federal, state or local 9 government entity, public benefit corporation, or public housing author- 10 ity, relating to the creation or preservation of affordable housing 11 units; or (ii) a similar instrument; or (2) eighteen months after 12 payment of such surcharge. 13 § 11-3205 Records to be kept. Every person to whom a construction 14 permit has been issued shall keep records in such form and manner as the 15 commissioner may by rule require. Such records shall be preserved for a 16 period of three years from the date of issuance of such construction 17 permit. Such records shall be available for inspection and examination 18 upon demand by the commissioner of transportation or the commissioner's 19 duly authorized agent or employee. 20 § 11-3206 Exemptions. The surcharge imposed pursuant to the authority 21 of section 11-3202 of this chapter shall not be imposed on any 22 construction permit issued to: 23 (a) The state of New York, or any of its agencies; instrumentalities, 24 public corporations or political subdivisions where it is the permittee; 25 (b) The United States of America, and any of its agencies and instru- 26 mentalities, insofar as it is immune from taxation where it is the 27 permittee; or 28 (c) Any person where the construction for which such permit is issued 29 relates to the creation or preservation of affordable housing units 30 provided that such affordable housing units constitute no less than 31 fifty percent of the total number of dwelling units created or preserved 32 by such construction. 33 § 11-3207 Determination of surcharge. If a surcharge required by 34 section 11-3202 of this chapter is not paid, or if the amount of the 35 surcharge that is paid is incorrect or insufficient, the amount of 36 surcharge due shall be determined by the commissioner of transportation 37 from such information as may be obtainable, and, if necessary, such 38 surcharge may be estimated on the basis of factors determined by the 39 commissioner of transportation, in accordance with the presumptions set 40 forth in subdivision (a) of section 11-3204 of this chapter. Notice of 41 such determination shall be given to the person liable for the payment 42 of the surcharge. Such determination shall finally and irrevocably fix 43 the surcharge unless the person against whom it is assessed, within 44 ninety days after giving notice of such determination, shall apply to 45 the hearing officer at the department of transportation for a hearing, 46 or unless the commissioner of transportation on their own motion shall 47 redetermine the same. After such hearing, the commissioner of transpor- 48 tation's determination shall be reviewable for error, illegality or 49 unconstitutionality or any other reason whatsoever by a proceeding under 50 article seventy-eight of the civil practice law and rules if application 51 therefor is made to the supreme court within four months after giving of 52 the notice of such determination. A proceeding under article seventy- 53 eight of the civil practice law and rules shall not be instituted 54 unless: (a) the amount of any surcharge sought to be reviewed, with 55 penalties and interest thereon, if any, shall be first deposited with 56 the commissioner of transportation and there shall be filed with theS. 3008 38 A. 3008 1 commissioner of transportation an undertaking, issued by a surety compa- 2 ny authorized to transact business in this state, and approved by the 3 superintendent of insurance of this state as to solvency and responsi- 4 bility, in such amount as a justice of the supreme court shall approve 5 to the effect that if such proceeding be dismissed or the surcharge 6 confirmed, the petitioner will pay all costs and charges which may 7 accrue in the prosecution of the proceeding; or (b) at the option of the 8 applicant such undertaking filed with the commissioner of transportation 9 may be in a sum sufficient to cover the surcharges, penalties and inter- 10 est thereon stated in such determination plus the costs and charges 11 which may accrue against it in the prosecution of the proceeding, in 12 which event the applicant shall not be required to deposit such 13 surcharges, penalties and interest as a condition precedent to the 14 application. 15 § 11-3208 Remedies exclusive. The remedies provided by section 11-3207 16 of this chapter shall be the exclusive remedy available to any person 17 for the review of liability for the surcharge imposed by section 11-3202 18 of this chapter; and no determination or proposed determination of 19 surcharge shall be enjoined or reviewed by an action for declaratory 20 judgment, an action for money had and received or by any action or 21 proceeding other than a proceeding in the nature of a certiorari 22 proceeding under article seventy-eight of the civil practice law and 23 rules; provided, however, that such person may proceed by declaratory 24 judgment if such person institutes suit within thirty days after a defi- 25 ciency assessment is made and pays the amount of the deficiency assess- 26 ment to the commissioner of transportation prior to the institution of 27 such suit and posts a bond for costs as provided in section 11-3207 of 28 this chapter. 29 § 11-3209 Proceedings to recover surcharge. (a) Whenever any person to 30 whom a construction permit has been issued fails to pay the correct and 31 sufficient surcharge, penalty or interest imposed by this chapter as 32 therein provided, the commissioner of transportation shall notify the 33 commissioner of finance of all relevant records determined necessary by 34 the commissioner of finance to facilitate collection of such surcharge. 35 The corporation counsel shall, upon the request of the commissioner of 36 finance bring or cause to be brought an action to enforce the payment of 37 the same on behalf of the city of New York in any court of the state of 38 New York or of any other state or of the United States. If, however, the 39 commissioner of finance in their discretion believes that any such 40 person is about to cease business, leave the state or remove or dissi- 41 pate the assets out of which the surcharge, penalty or interest might be 42 satisfied, and that any such surcharge, penalty or interest will not be 43 paid when due, the commissioner of finance may declare such surcharge, 44 penalty or interest to be immediately due and payable and may issue a 45 warrant immediately. 46 (b) As an additional or alternate remedy, the commissioner of finance 47 may issue a warrant, directed to the city sheriff commanding the city 48 sheriff to levy upon and sell the real and personal property of the 49 person liable for the surcharge, which may be found within the city, for 50 the payment of the amount thereof, with any penalties and interest, and 51 the cost of executing the warrant, and to return such warrant to the 52 commissioner of finance and to pay to the commissioner of finance the 53 money collected by virtue thereof within sixty days after the receipt of 54 such warrant. The city sheriff shall within five days after the receipt 55 of the warrant file with the county clerk a copy thereof, and thereupon 56 such clerk shall enter in the judgment docket the name of the personS. 3008 39 A. 3008 1 mentioned in the warrant and the amount of the surcharge, penalties and 2 interest for which the warrant is issued and the date when such copy is 3 filed. Thereupon the amount of such warrant so docketed shall become a 4 lien upon the title to and interest in real and personal property of the 5 person against whom the warrant is issued. The city sheriff shall then 6 proceed upon the warrant, in the same manner, and with like effect, as 7 that provided by law in respect to executions issued against property 8 upon judgments of a court of record, and for services in executing the 9 warrant the city sheriff shall be entitled to the same fees, which such 10 city sheriff may collect in the same manner. In the discretion of the 11 commissioner of finance a warrant of like terms, force and effect may be 12 issued and directed to any officer or employee of the department of 13 finance, and in the execution thereof such officer or employee shall 14 have all the powers conferred by law upon sheriffs, but shall be enti- 15 tled to no fee or compensation in excess of the actual expenses paid in 16 the performance of such duty. If a warrant is returned not satisfied in 17 full, the commissioner of finance may from time to time issue new 18 warrants and shall also have the same remedies to enforce the amount due 19 thereunder as if the city had recovered judgment therefore and execution 20 thereon had been returned unsatisfied. 21 (c) The commissioner of finance, if such commissioner finds that the 22 interests of the city will not thereby be jeopardized, and upon such 23 conditions as the commissioner of finance may require, may release any 24 property from the lien of any warrant or vacate such warrant for unpaid 25 surcharges, penalties and interest filed pursuant to subdivision (b) of 26 this section, and such release or vacating of the warrant may be 27 recorded in the office of any recording officer in which such warrant 28 has been filed. The clerk shall thereupon cancel and discharge as of the 29 original date of docketing the vacated warrant. 30 § 11-3210 Penalties and interest. (a) Any person failing to pay any 31 surcharge to the commissioner of transportation within the time required 32 by this chapter shall be subject to a penalty of five percent of the 33 amount of surcharge due; plus interest at the rate of one percent of 34 such surcharge for each month of delay excepting the first month after 35 such surcharge became due; but the commissioner of transportation if 36 satisfied that the delay was excusable, may remit all or any part of 37 such penalty, but not interest at the rate of six percent per year. Such 38 penalties and interest shall be paid and disposed of in the same manner 39 as other revenues from this chapter. Unpaid penalties and interest may 40 be enforced in the same manner as the surcharge imposed by this chapter. 41 (b) Any person failing to keep the records required by subdivision (c) 42 of section 11-3203 of this chapter, shall, in addition to the penalties 43 herein or elsewhere prescribed, be subject to a civil penalty in an 44 amount up to one hundred dollars per day from the date on which a deter- 45 mination has been made that any such person failed to keep any such 46 records until the date on which such records are provided, provided that 47 such period shall be no greater than three years. It shall not be any 48 defense to an action under this subdivision that the failure to keep the 49 records was unintentional or not willful. 50 (c) The certificate of the commissioner of transportation to the 51 effect that a surcharge has not been paid or that information has not 52 been supplied pursuant to the provisions of this chapter, shall be 53 presumptive evidence thereof. 54 (d) Any person failing to submit the required permit application for a 55 construction permit and who fails to pay the surcharge authorized by the 56 provisions of this chapter, shall, in addition to the penalties hereinS. 3008 40 A. 3008 1 or elsewhere prescribed, be subject to a civil penalty in an amount no 2 greater than ten percent of such surcharge. 3 § 11-3211 Notices and limitations of time. (a) Any notice authorized 4 or required under the provisions of this chapter may be given by mailing 5 the same to the person for whom it is intended in a postpaid envelope 6 addressed to such person at the address given in the construction permit 7 issued to such person pursuant to the rules of the city of New York or, 8 if no permit has been issued to such person, then to such address as may 9 be obtainable. The mailing of such notice shall be presumptive evidence 10 of the receipt of the same by the person to whom addressed. Any period 11 of time which is determined according to the provisions of this chapter 12 by the giving of notice shall commence to run from the date of mailing 13 of such notice. 14 (b) The provisions of the civil practice law and rules or any other 15 law relative to limitations of time for the enforcement of a civil reme- 16 dy shall not apply to any proceeding or action taken by the city to 17 levy, appraise, assess, determine or enforce the collection of any 18 surcharge or penalty provided by this chapter. However, except in the 19 case of a willfully false or fraudulently obtained construction permit 20 with intent to evade the surcharge, no assessment of additional 21 surcharge shall be made after the expiration of more than three years 22 from the date of the issuance of a construction permit or the renewal 23 thereof; provided, however, that where no construction permit has been 24 issued, or where there has been a change relating to the use of the 25 street for which a construction permit has been issued that would 26 increase the amount of the surcharge, any additional surcharge may be 27 assessed at any time. 28 § 3. Any local law enacted pursuant to the authority of section one of 29 this act shall designate an agency to adopt rules and regulations to 30 implement the provisions of such section. 31 § 4. This act shall take effect immediately, except that section two 32 of this act shall take effect January 1, 2028. 33 PART Q 34 Section 1. The section heading, paragraphs 1, 2, 4 and subparagraph 35 (i) of paragraph 6 of subdivision (a), subdivisions (b), (e), (f), (h), 36 (i), (j), paragraph 3 of subdivision (g) and the opening paragraph of 37 subdivision (m) of section 1180-e of the vehicle and traffic law, as 38 added by chapter 421 of the laws of 2021, are amended to read as 39 follows: 40 Owner liability for failure of operator to comply with certain posted 41 maximum speed limits; highway construction or maintenance work area. 42 1. Notwithstanding any other provision of law, the commissioner of 43 transportation is hereby authorized to establish a [demonstration] 44 program imposing monetary liability on the owner of a vehicle for fail- 45 ure of an operator thereof to comply with posted maximum speed limits in 46 a highway construction or maintenance work area located on a cont- 47 rolled-access highway (i) when highway construction or maintenance work 48 is occurring and a work area speed limit is in effect as provided in 49 paragraph two of subdivision (d) or subdivision (f) of section eleven 50 hundred eighty of this article or (ii) when highway construction or 51 maintenance work is occurring and other speed limits are in effect as 52 provided in subdivision (b) or (g) or paragraph one of subdivision (d) 53 of section eleven hundred eighty of this article. Such [demonstration] 54 program shall empower the commissioner to install photo speed violationS. 3008 41 A. 3008 1 monitoring systems within no more than twenty highway construction or 2 maintenance work areas located on controlled-access highways and to 3 operate such systems within such work areas (iii) when highway 4 construction or maintenance work is occurring and a work area speed 5 limit is in effect as provided in paragraph two of subdivision (d) or 6 subdivision (f) of section eleven hundred eighty of this article or (iv) 7 when highway construction or maintenance work is occurring and other 8 speed limits are in effect as provided in subdivision (b) or (g) or 9 paragraph one of subdivision (d) of section eleven hundred eighty of 10 this article. The commissioner, in consultation with the superintendent 11 of the division of state police, shall determine the location of the 12 highway construction or maintenance work areas located on a controlled- 13 access highway in which to install and operate photo speed violation 14 monitoring systems. In selecting a highway construction or maintenance 15 work area in which to install and operate a photo speed violation moni- 16 toring system, the commissioner shall consider criteria including, but 17 not limited to, the speed data, crash history, and roadway geometry 18 applicable to such highway construction or maintenance work area. A 19 photo speed violation monitoring system shall not be installed or oper- 20 ated on a controlled-access highway exit ramp. 21 2. Notwithstanding any other provision of law, [after holding a public22hearing in accordance with the public officers law and subsequent23approval of the establishment of a demonstration program in accordance24with this section by a majority of the members of the entire board of25the thruway authority,] the chair of the thruway authority is hereby 26 authorized to establish a [demonstration] program imposing monetary 27 liability on the owner of a vehicle for failure of an operator thereof 28 to comply with posted maximum speed limits in a highway construction or 29 maintenance work area located on the thruway (i) when highway 30 construction or maintenance work is occurring and a work area speed 31 limit is in effect as provided in paragraph two of subdivision (d) or 32 subdivision (f) of section eleven hundred eighty of this article or (ii) 33 when highway construction or maintenance work is occurring and other 34 speed limits are in effect as provided in subdivision (b) or (g) or 35 paragraph one of subdivision (d) of section eleven hundred eighty of 36 this article. Such [demonstration] program shall empower the chair to 37 install photo speed violation monitoring systems within no more than ten 38 highway construction or maintenance work areas located on the thruway 39 and to operate such systems within such work areas (iii) when highway 40 construction or maintenance work is occurring and a work area speed 41 limit is in effect as provided in paragraph two of subdivision (d) or 42 subdivision (f) of section eleven hundred eighty of this article or (iv) 43 when highway construction or maintenance work is occurring and other 44 speed limits are in effect as provided in subdivision (b) or (g) or 45 paragraph one of subdivision (d) of section eleven hundred eighty of 46 this article. The chair, in consultation with the superintendent of the 47 division of state police, shall determine the location of the highway 48 construction or maintenance work areas located on the thruway in which 49 to install and operate photo speed violation monitoring systems. In 50 selecting a highway construction or maintenance work area in which to 51 install and operate a photo speed violation monitoring system, the chair 52 shall consider criteria including, but not limited to, the speed data, 53 crash history, and roadway geometry applicable to such highway 54 construction or maintenance work area. A photo speed violation monitor- 55 ing system shall not be installed or operated on a thruway exit ramp.S. 3008 42 A. 3008 1 4. Operators of photo speed violation monitoring systems shall have 2 completed training in the procedures for setting up, testing, and oper- 3 ating such systems. Each such operator shall complete and sign a daily 4 set-up log for each such system that [he or she] the operator operates 5 that (i) states the date and time when, and the location where, the 6 system was set up that day, and (ii) states that such operator success- 7 fully performed, and the system passed, the self-tests of such system 8 before producing a recorded image that day. The commissioner or the 9 chair, as applicable, shall retain each such daily log until the later 10 of the date on which the photo speed violation monitoring system to 11 which it applies has been permanently removed from use or the final 12 resolution of all cases involving notices of liability issued based on 13 photographs, microphotographs, video or other recorded images produced 14 by such system. 15 (i) Such [demonstration] program shall utilize necessary technologies 16 to ensure, to the extent practicable, that photographs, microphoto- 17 graphs, videotape or other recorded images produced by such photo speed 18 violation monitoring systems shall not include images that identify the 19 driver, the passengers, or the contents of the vehicle. Provided, 20 however, that no notice of liability issued pursuant to this section 21 shall be dismissed solely because such a photograph, microphotograph, 22 videotape or other recorded image allows for the identification of the 23 driver, the passengers, or the contents of vehicles where the commis- 24 sioner or the chair, as applicable, shows that they made reasonable 25 efforts to comply with the provisions of this paragraph in such case. 26 (b) If the commissioner or chair establishes a [demonstration] program 27 pursuant to subdivision (a) of this section, the owner of a vehicle 28 shall be liable for a penalty imposed pursuant to this section if such 29 vehicle was used or operated with the permission of the owner, express 30 or implied, within a highway construction or maintenance work area 31 located on a controlled-access highway or on the thruway in violation of 32 paragraph two of subdivision (d) or subdivision (f), or when other speed 33 limits are in effect in violation of subdivision (b) or (g) or paragraph 34 one of subdivision (d), of section eleven hundred eighty of this arti- 35 cle, such vehicle was traveling at a speed of more than ten miles per 36 hour above the posted speed limit in effect within such highway 37 construction or maintenance work area, and such violation is evidenced 38 by information obtained from a photo speed violation monitoring system; 39 provided however that no owner of a vehicle shall be liable for a penal- 40 ty imposed pursuant to this section where the operator of such vehicle 41 has been convicted of the underlying violation of subdivision (b), (d), 42 (f) or (g) of section eleven hundred eighty of this article. 43 (e) An owner liable for a violation of subdivision (b), (d), (f) or 44 (g) of section eleven hundred eighty of this article pursuant to a 45 [demonstration] program established pursuant to this section shall be 46 liable for monetary penalties not to exceed fifty dollars for a first 47 violation, [seventy-five] one hundred twenty-five dollars for a second 48 violation both of which were committed within a period of eighteen 49 months, and one hundred seventy-five dollars for a third or subsequent 50 violation all of which were committed within a period of eighteen 51 months; provided, however, that an additional penalty not in excess of 52 twenty-five dollars for each violation may be imposed for the failure to 53 respond to a notice of liability within the prescribed time period. 54 (f) An imposition of liability under the [demonstration] program 55 established pursuant to this section shall not be deemed a conviction as 56 an operator and shall not be made part of the operating record of theS. 3008 43 A. 3008 1 person upon whom such liability is imposed nor shall it be used for 2 insurance purposes in the provision of motor vehicle insurance coverage. 3 3. The notice of liability shall contain information advising the 4 person charged of the manner and the time in which [he or she] the owner 5 may contest the liability alleged in the notice. Such notice of liabil- 6 ity shall also contain a prominent warning to advise the person charged 7 that failure to contest in the manner and time provided shall be deemed 8 an admission of liability and that a default judgment may be entered 9 thereon. 10 (h) Adjudication of the liability imposed upon owners of this section 11 shall be by a traffic violations bureau established pursuant to section 12 three hundred seventy of the general municipal law where the violation 13 occurred or, if there be none, by [the court having jurisdiction over14traffic infractions where the violation occurred, except that if a city15has established an administrative tribunal to hear and determine16complaints of traffic infractions constituting parking, standing or17stopping violations such city may, by local law, authorize such adjudi-18cation by such tribunal], a hearing officer designated by the commis- 19 sioner of motor vehicles provided, however, if a city with a population 20 of one million or more has established an administrative tribunal to 21 hear and determine complaints of traffic infractions constituting park- 22 ing, standing or stopping violations, such tribunal shall adjudicate 23 liability pursuant to this section. 24 (i) If an owner receives a notice of liability pursuant to this 25 section for any time period during which the vehicle or the number plate 26 or plates of such vehicle was reported to the police department as 27 having been stolen, it shall be a valid defense to an allegation of 28 liability for a violation of subdivision (b), (d), (f) or (g) of section 29 eleven hundred eighty of this article pursuant to this section that the 30 vehicle or the number plate or plates of such vehicle had been reported 31 to the police as stolen prior to the time the violation occurred and had 32 not been recovered by such time. For purposes of asserting the defense 33 provided by this subdivision, it shall be sufficient that a certified 34 copy of the police report on the stolen vehicle or number plate or 35 plates of such vehicle be sent by first class mail to the [traffic36violations bureau, court having jurisdiction or parking violations37bureau] department of transportation or thruway authority as applicable. 38 (j) 1. [Where the adjudication of liability imposed upon owners pursu-39ant to this section is by a traffic violations bureau or a court having40jurisdiction, an] An owner who is a lessor of a vehicle to which a 41 notice of liability was issued pursuant to subdivision (g) of this 42 section shall not be liable for the violation of subdivision (b), (d), 43 (f) or (g) of section eleven hundred eighty of this article pursuant to 44 this section, provided that [he or she] the owner sends to the [traffic45violations bureau or court having jurisdiction] commissioner or chair as 46 applicable a copy of the rental, lease or other such contract document 47 covering such vehicle on the date of the violation, with the name and 48 address of the lessee clearly legible, within thirty-seven days after 49 receiving notice from the [bureau or court] commissioner or chair as 50 applicable of the date and time of such violation, together with the 51 other information contained in the original notice of liability. Failure 52 to send such information within such thirty-seven day time period shall 53 render the owner liable for the penalty prescribed by this section. 54 Where the lessor complies with the provisions of this paragraph, the 55 lessee of such vehicle on the date of such violation shall be deemed to 56 be the owner of such vehicle for purposes of this section, shall beS. 3008 44 A. 3008 1 subject to liability for the violation of subdivision (b), (d), (f) or 2 (g) of section eleven hundred eighty of this article pursuant to this 3 section and shall be sent a notice of liability pursuant to subdivision 4 (g) of this section. 5 2. [(i)] In a city which, by local law, has authorized the adjudi- 6 cation of liability imposed upon owners by this section by a parking 7 violations bureau, an owner who is a lessor of a vehicle to which a 8 notice of liability was issued pursuant to subdivision (g) of this 9 section shall not be liable for the violation of subdivision (b), (d), 10 (f) or (g) of section eleven hundred eighty of this article, provided 11 that: 12 [(A)] (i) prior to the violation, the lessor has filed with the bureau 13 in accordance with the provisions of section two hundred thirty-nine of 14 this chapter; and 15 [(B)] (ii) within thirty-seven days after receiving notice from the 16 [bureau] chair or commissioner as applicable of the date and time of a 17 liability, together with the other information contained in the original 18 notice of liability, the lessor submits to the bureau the correct name 19 and address of the lessee of the vehicle identified in the notice of 20 liability at the time of such violation, together with such other addi- 21 tional information contained in the rental, lease or other contract 22 document, as may be reasonably required by the [bureau] chair or commis- 23 sioner as applicable pursuant to regulations that may be promulgated for 24 such purpose. 25 [(ii)] 3. Failure to comply with [clause (B) of subparagraph (i) of] 26 this [paragraph] subdivision shall render the owner liable for the 27 penalty prescribed in this section. 28 [(iii)] 4. Where the lessor complies with the provisions of this 29 [paragraph] subdivision, the lessee of such vehicle on the date of such 30 violation shall be deemed to be the owner of such vehicle for purposes 31 of this section, shall be subject to liability for such violation pursu- 32 ant to this section and shall be sent a notice of liability pursuant to 33 subdivision (g) of this section. 34 If the commissioner or chair adopts a [demonstration] program pursuant 35 to subdivision (a) of this section the commissioner or chair, as appli- 36 cable, shall [conduct a study and] submit a report on or before [May37first, two thousand twenty-four and a report on or before] May first, 38 two thousand twenty-six on the results of the use of photo devices to 39 the governor, the temporary president of the senate and the speaker of 40 the assembly. The commissioner or chair shall also make such reports 41 available on their public-facing websites, provided that they may 42 provide aggregate data from paragraph one of this subdivision if the 43 commissioner or chair finds that publishing specific location data would 44 jeopardize public safety. Such report shall include: 45 § 2. The vehicle and traffic law is amended by adding a new section 46 1180-h to read as follows: 47 § 1180-h. Owner liability for failure of operator to comply with 48 certain posted maximum speed limits; Triborough bridge and tunnel 49 project highway construction or maintenance work area. (a) 1. Notwith- 50 standing any other provision of law, the Triborough bridge and tunnel 51 authority, a body corporate and politic constituting a public benefit 52 corporation created and constituted pursuant to title three of article 53 three of the public authorities law, is hereby authorized to establish a 54 program imposing monetary liability on the owner of a vehicle for fail- 55 ure of an operator thereof to comply with posted maximum speed limits in 56 a construction or maintenance work area located at any Triborough bridgeS. 3008 45 A. 3008 1 and tunnel authority project referred to in subdivision nine of section 2 five hundred fifty-three of the public authorities law, or as otherwise 3 provided in an applicable interagency agreement, (i) when construction 4 or maintenance work is occurring and a work area speed limit is in 5 effect as provided in paragraph two of subdivision (d) or subdivision 6 (f) of section eleven hundred eighty of this article or (ii) when 7 construction or maintenance work is occurring and other speed limits are 8 in effect as provided in subdivision (b) or (g) or paragraph one of 9 subdivision (d) of section eleven hundred eighty of this article. Such 10 program shall empower the Triborough bridge and tunnel authority to 11 install photo speed violation monitoring systems within construction or 12 maintenance work areas located at Triborough bridge and tunnel authority 13 projects and to operate such systems within such work areas (iii) when 14 construction or maintenance work is occurring and a work area speed 15 limit is in effect as provided in paragraph two of subdivision (d) or 16 subdivision (f) of section eleven hundred eighty of this article or (iv) 17 when construction or maintenance work is occurring and other speed 18 limits are in effect as provided in subdivision (b) or (g) or paragraph 19 one of subdivision (d) of section eleven hundred eighty of this article. 20 The Triborough bridge and tunnel authority shall determine the location 21 of the construction or maintenance work areas located at a Triborough 22 bridge and tunnel authority project in which to install and operate 23 photo speed violation monitoring systems. In selecting a construction or 24 maintenance work area in which to install and operate a photo speed 25 violation monitoring system, the Triborough bridge and tunnel authority 26 shall consider criteria including, but not limited to, the speed data, 27 crash history, and roadway geometry applicable to such construction or 28 maintenance work area. 29 2. No photo speed violation monitoring system shall be used in a 30 construction or maintenance work area unless (i) on the day it is to be 31 used it has successfully passed a self-test of its functions; and (ii) 32 it has undergone an annual calibration check performed pursuant to para- 33 graph four of this subdivision. The Triborough bridge and tunnel author- 34 ity shall install signs giving notice that a photo speed violation moni- 35 toring system is in use, in conformance with standards established in 36 the MUTCD. 37 3. Operators of photo speed violation monitoring systems shall have 38 completed training in the procedures for setting up, testing, and oper- 39 ating such systems. Each such operator shall complete and sign a daily 40 set-up log for each such system that the operator operates that (i) 41 states the date and time when, and the location where, the system was 42 set up that day, and (ii) states that such operator successfully 43 performed, and the system passed, the self-tests of such system before 44 producing a recorded image that day. The Triborough bridge and tunnel 45 authority shall retain each such daily log until the later of the date 46 on which the photo speed violation monitoring system to which it applies 47 has been permanently removed from use or the final resolution of all 48 cases involving notices of liability issued based on photographs, micro- 49 photographs, video or other recorded images produced by such system. 50 4. Each photo speed violation monitoring system shall undergo an annu- 51 al calibration check performed by an independent calibration laboratory 52 which shall issue a signed certificate of calibration. The Triborough 53 bridge and tunnel authority shall keep each such annual certificate of 54 calibration on file until the final resolution of all cases involving a 55 notice of liability issued during such year which were based on photo-S. 3008 46 A. 3008 1 graphs, microphotographs, videotape or other recorded images produced by 2 such photo speed violation monitoring system. 3 5. (i) Such program shall utilize necessary technologies to ensure, to 4 the extent practicable, that photographs, microphotographs, videotape or 5 other recorded images produced by such photo speed violation monitoring 6 systems shall not include images that identify the driver, the passen- 7 gers, or the contents of the vehicle. Provided, however, that no notice 8 of liability issued pursuant to this section shall be dismissed solely 9 because such a photograph, microphotograph, videotape or other recorded 10 image allows for the identification of the driver, the passengers, or 11 the contents of vehicles where the Triborough bridge and tunnel authori- 12 ty shows that it made reasonable efforts to comply with the provisions 13 of this paragraph in such case. 14 (ii) Photographs, microphotographs, videotape or any other recorded 15 image from a photo speed violation monitoring system shall be for the 16 exclusive use of the Triborough bridge and tunnel authority for the 17 purpose of the adjudication of liability imposed pursuant to this 18 section and of the owner receiving a notice of liability pursuant to 19 this section, and shall be destroyed by the Triborough bridge and tunnel 20 authority upon the final resolution of the notice of liability to which 21 such photographs, microphotographs, videotape or other recorded images 22 relate, or one year following the date of issuance of such notice of 23 liability, whichever is later. Notwithstanding the provisions of any 24 other law, rule or regulation to the contrary, photographs, microphoto- 25 graphs, videotape or any other recorded image from a photo speed 26 violation monitoring system shall not be open to the public, nor subject 27 to civil or criminal process or discovery, nor used by any court or 28 administrative or adjudicatory body in any action or proceeding therein 29 except that which is necessary for the adjudication of a notice of 30 liability issued pursuant to this section, and no public entity or 31 employee, officer or agent thereof shall disclose such information, 32 except that such photographs, microphotographs, videotape or any other 33 recorded images from such systems: 34 (A) shall be available for inspection and copying and use by the motor 35 vehicle owner and operator for so long as such photographs, microphoto- 36 graphs, videotape or other recorded images are required to be maintained 37 or are maintained by such public entity, employee, officer or agent; and 38 (B) (1) shall be furnished when described in a search warrant issued 39 by a court authorized to issue such a search warrant pursuant to article 40 six hundred ninety of the criminal procedure law or a federal court 41 authorized to issue such a search warrant under federal law, where such 42 search warrant states that there is reasonable cause to believe such 43 information constitutes evidence of, or tends to demonstrate that, a 44 misdemeanor or felony offense was committed in this state or another 45 state, or that a particular person participated in the commission of a 46 misdemeanor or felony offense in this state or another state, provided, 47 however, that if such offense was against the laws of another state, the 48 court shall only issue a warrant if the conduct comprising such offense 49 would, if occurring in this state, constitute a misdemeanor or felony 50 against the laws of this state; and 51 (2) shall be furnished in response to a subpoena duces tecum signed by 52 a judge of competent jurisdiction and issued pursuant to article six 53 hundred ten of the criminal procedure law or a judge or magistrate of a 54 federal court authorized to issue such a subpoena duces tecum under 55 federal law, where the judge finds and the subpoena states that there is 56 reasonable cause to believe such information is relevant and material toS. 3008 47 A. 3008 1 the prosecution, or the defense, or the investigation by an authorized 2 law enforcement official, of the alleged commission of a misdemeanor or 3 felony in this state or another state, provided, however, that if such 4 offense was against the laws of another state, such judge or magistrate 5 shall only issue such subpoena if the conduct comprising such offense 6 would, if occurring in this state, constitute a misdemeanor or felony in 7 this state; and 8 (3) may, if lawfully obtained pursuant to this clause and clause (A) 9 of this subparagraph and otherwise admissible, be used in such criminal 10 action or proceeding. 11 (b) The owner of a vehicle shall be liable for a penalty imposed 12 pursuant to this section if such vehicle was used or operated with the 13 permission of the owner, express or implied, within a construction or 14 maintenance work area located at a Triborough bridge and tunnel authori- 15 ty project in violation of paragraph two of subdivision (d) or subdivi- 16 sion (f), or when other speed limits are in effect in violation of 17 subdivision (b) or (g) or paragraph one of subdivision (d) of section 18 eleven hundred eighty of this article, such vehicle was traveling at a 19 speed of more than ten miles per hour above the posted speed limit in 20 effect within such construction or maintenance work area, and such 21 violation is evidenced by information obtained from a photo speed 22 violation monitoring system; provided however that no owner of a vehicle 23 shall be liable for a penalty imposed pursuant to this section where the 24 operator of such vehicle has been convicted of the underlying violation 25 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 26 this article. 27 (c) For purposes of this section, the following terms shall have the 28 following meanings: 29 1. "manual on uniform traffic control devices" or "MUTCD" shall mean 30 the manual and specifications for a uniform system of traffic control 31 devices maintained by the commissioner of transportation pursuant to 32 section sixteen hundred eighty of this chapter; 33 2. "owner" shall have the meaning provided in article two-B of this 34 chapter; 35 3. "photo speed violation monitoring system" shall mean a vehicle 36 sensor installed to work in conjunction with a speed measuring device 37 which automatically produces two or more photographs, two or more micro- 38 photographs, a videotape or other recorded images of each vehicle at the 39 time it is used or operated in a construction or maintenance work area 40 located at a Triborough bridge and tunnel authority project in violation 41 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 42 this article in accordance with the provisions of this section; 43 4. "Triborough bridge and tunnel authority projects" shall mean the 44 projects referred to in subdivision nine of section five hundred fifty- 45 three of the public authorities law, or as otherwise provided in an 46 applicable interagency agreement. 47 (d) A certificate, sworn to or affirmed by a technician employed by 48 the Triborough bridge and tunnel authority or its agent as applicable, 49 or a facsimile thereof, based upon inspection of photographs, micropho- 50 tographs, videotape or other recorded images produced by a photo speed 51 violation monitoring system, shall be prima facie evidence of the facts 52 contained therein. Any photographs, microphotographs, videotape or other 53 recorded images evidencing such a violation shall include at least two 54 date and time stamped images of the rear of the motor vehicle that 55 include the same stationary object near the motor vehicle to the extent 56 practicable and shall be available for inspection reasonably in advanceS. 3008 48 A. 3008 1 of and at any proceeding to adjudicate the liability for such violation 2 pursuant to this section. 3 (e) An owner liable for a violation of subdivision (b), (d), (f) or 4 (g) of section eleven hundred eighty of this article pursuant to a 5 program established pursuant to this section shall be liable for mone- 6 tary penalties not to exceed fifty dollars for a first violation, one 7 hundred twenty-five dollars for a second violation both of which were 8 committed within a period of eighteen months, and one hundred seventy- 9 five dollars for a third or subsequent violation all of which were 10 committed within a period of eighteen months; provided, however, that an 11 additional penalty not in excess of twenty-five dollars for each 12 violation may be imposed for the failure to respond to a notice of 13 liability within the prescribed time period. 14 (f) An imposition of liability under the program established pursuant 15 to this section shall not be deemed a conviction as an operator and 16 shall not be made part of the operating record of the person upon whom 17 such liability is imposed nor shall it be used for insurance purposes in 18 the provision of motor vehicle insurance coverage. 19 (g) 1. A notice of liability shall be sent by first class mail to each 20 person alleged to be liable as an owner for a violation of subdivision 21 (b), (d), (f) or (g) of section eleven hundred eighty of this article 22 pursuant to this section, within fourteen business days if such owner is 23 a resident of this state and within forty-five business days if such 24 owner is a non-resident. Personal delivery on the owner shall not be 25 required. A manual or automatic record of mailing prepared in the ordi- 26 nary course of business shall be prima facie evidence of the facts 27 contained therein. 28 2. A notice of liability shall contain the name and address of the 29 person alleged to be liable as an owner for a violation of subdivision 30 (b), (d), (f) or (g) of section eleven hundred eighty of this article 31 pursuant to this section, the registration number of the vehicle 32 involved in such violation, the location where such violation took 33 place, the date and time of such violation, the identification number of 34 the camera which recorded the violation or other document locator 35 number, at least two date and time stamped images of the rear of the 36 motor vehicle that include the same stationary object near the motor 37 vehicle to the extent practicable, and the certificate charging the 38 liability. 39 3. The notice of liability shall contain information advising the 40 person charged of the manner and the time in which such person may 41 contest the liability alleged in the notice. Such notice of liability 42 shall also contain a prominent warning to advise the person charged that 43 failure to contest in the manner and time provided shall be deemed an 44 admission of liability and that a default judgment may be entered there- 45 on. 46 4. The notice of liability shall be prepared and mailed by the Tribor- 47 ough bridge and tunnel authority or by any other entity authorized by 48 the Triborough bridge and tunnel authority to prepare and mail such 49 notice of liability. 50 (h) Adjudication of the liability imposed upon owners of this section 51 shall be by the New York city parking violations bureau. 52 (i) If an owner receives a notice of liability pursuant to this 53 section for any time period during which the vehicle or the number plate 54 or plates of such vehicle was reported to the police department as 55 having been stolen, it shall be a valid defense to an allegation of 56 liability for a violation of subdivision (b), (d), (f) or (g) of sectionS. 3008 49 A. 3008 1 eleven hundred eighty of this article pursuant to this section that the 2 vehicle or the number plate or plates of such vehicle had been reported 3 to the police as stolen prior to the time the violation occurred and had 4 not been recovered by such time. For purposes of asserting the defense 5 provided by this subdivision, it shall be sufficient that a certified 6 copy of the police report on the stolen vehicle or number plate or 7 plates of such vehicle be sent by first class mail to the Triborough 8 bridge and tunnel authority. 9 (j) 1. An owner who is a lessor of a vehicle to which a notice of 10 liability was issued pursuant to subdivision (g) of this section shall 11 not be liable for the violation of subdivision (b), (d), (f) or (g) of 12 section eleven hundred eighty of this article pursuant to this section, 13 provided that the owner sends to the Triborough Bridge and tunnel 14 authority a copy of the rental, lease or other such contract document 15 covering such vehicle on the date of the violation, with the name and 16 address of the lessee clearly legible, within thirty-seven days after 17 receiving notice from the Triborough bridge and tunnel authority of the 18 date and time of such violation, together with the other information 19 contained in the original notice of liability. Failure to send such 20 information within such thirty-seven-day time period shall render the 21 owner liable for the penalty prescribed by this section. Where the 22 lessor complies with the provisions of this paragraph, the lessee of 23 such vehicle on the date of such violation shall be deemed to be the 24 owner of such vehicle for purposes of this section, shall be subject to 25 liability for the violation of subdivision (b), (d), (f) or (g) of 26 section eleven hundred eighty of this article pursuant to this section 27 and shall be sent a notice of liability pursuant to subdivision (g) of 28 this section. 29 2. An owner who is a lessor of a vehicle to which a notice of liabil- 30 ity was issued pursuant to subdivision (g) of this section shall not be 31 liable for the violation of subdivision (b), (d), (f) or (g) of section 32 eleven hundred eighty of this article, provided that: 33 (i) prior to the violation, the lessor has filed with the bureau in 34 accordance with the provisions of section two hundred thirty-nine of 35 this chapter; and 36 (ii) within thirty-seven days after receiving notice from the Tribor- 37 ough bridge and tunnel authority of the date and time of a liability, 38 together with the other information contained in the original notice of 39 liability, the lessor submits to the Triborough bridge and tunnel 40 authority the correct name and address of the lessee of the vehicle 41 identified in the notice of liability at the time of such violation, 42 together with such other additional information contained in the rental, 43 lease or other contract document, as may be reasonably required by the 44 Triborough bridge and tunnel authority pursuant to regulations that may 45 be promulgated for such purpose. 46 3. Failure to comply with this subdivision shall render the owner 47 liable for the penalty prescribed in this section. 48 4. Where the lessor complies with the provisions of this subdivision, 49 the lessee of such vehicle on the date of such violation shall be deemed 50 to be the owner of such vehicle for purposes of this section, shall be 51 subject to liability for such violation pursuant to this section and 52 shall be sent a notice of liability pursuant to subdivision (g) of this 53 section. 54 (k) 1. If the owner liable for a violation of subdivision (b), (d), 55 (f) or (g) of section eleven hundred eighty of this article pursuant to 56 this section was not the operator of the vehicle at the time of theS. 3008 50 A. 3008 1 violation, the owner may maintain an action for indemnification against 2 the operator. 3 2. Notwithstanding any other provision of this section, no owner of a 4 vehicle shall be subject to a monetary fine imposed pursuant to this 5 section if the operator of such vehicle was operating such vehicle with- 6 out the consent of the owner at the time such operator operated such 7 vehicle in violation of subdivision (b), (d), (f) or (g) of section 8 eleven hundred eighty of this article. For purposes of this subdivision 9 there shall be a presumption that the operator of such vehicle was oper- 10 ating such vehicle with the consent of the owner at the time such opera- 11 tor operated such vehicle in violation of subdivision (b), (d), (f) or 12 (g) of section eleven hundred eighty of this article. 13 (l) Nothing in this section shall be construed to limit the liability 14 of an operator of a vehicle for any violation of subdivision (b), (d), 15 (f) or (g) of section eleven hundred eighty of this article. 16 (m) It shall be a defense to any prosecution for a violation of subdi- 17 vision (b), (d), (f) or (g) of section eleven hundred eighty of this 18 article pursuant to this section that such photo speed violation moni- 19 toring system was malfunctioning at the time of the alleged violation. 20 § 3. The vehicle and traffic law is amended by adding a new section 21 1180-i to read as follows: 22 § 1180-i. Owner liability for failure of operator to comply with 23 certain posted maximum speed limits; New York state bridge authority 24 project highway construction or maintenance work area. (a) 1. Notwith- 25 standing any other provision of law, the New York state bridge authority 26 "bridge authority", a body corporate and politic constituting a public 27 benefit corporation created and constituted pursuant to title two of 28 article three of the public authorities law, is hereby authorized to 29 establish a program imposing monetary liability on the owner of a vehi- 30 cle for failure of an operator thereof to comply with posted maximum 31 speed limits in a construction or maintenance work area located at any 32 bridge authority project referred to in subdivision ten or ten-a of 33 section five hundred twenty-eight of the public authorities law, or as 34 otherwise provided in an applicable interagency agreement, (i) when 35 construction or maintenance work is occurring and a work area speed 36 limit is in effect as provided in paragraph two of subdivision (d) or 37 subdivision (f) of section eleven hundred eighty of this article or (ii) 38 when construction or maintenance work is occurring and other speed 39 limits are in effect as provided in subdivision (b) or (g) or paragraph 40 one of subdivision (d) of section eleven hundred eighty of this article. 41 Such program shall empower the bridge authority to install photo speed 42 violation monitoring systems within construction or maintenance work 43 areas located at bridge authority projects and to operate such systems 44 within such work areas (iii) when construction or maintenance work is 45 occurring and a work area speed limit is in effect as provided in para- 46 graph two of subdivision (d) or subdivision (f) of section eleven 47 hundred eighty of this article or (iv) when construction or maintenance 48 work is occurring and other speed limits are in effect as provided in 49 subdivision (b) or (g) or paragraph one of subdivision (d) of section 50 eleven hundred eighty of this article. The bridge authority shall deter- 51 mine the location of the construction or maintenance work areas located 52 at a bridge authority project in which to install and operate photo 53 speed violation monitoring systems. In selecting a construction or main- 54 tenance work area in which to install and operate a photo speed 55 violation monitoring system, the bridge authority shall consider crite- 56 ria including, but not limited to, the speed data, crash history, andS. 3008 51 A. 3008 1 roadway geometry applicable to such construction or maintenance work 2 area. 3 2. No photo speed violation monitoring system shall be used in a 4 construction or maintenance work area unless (i) on the day it is to be 5 used it has successfully passed a self-test of its functions; and (ii) 6 it has undergone an annual calibration check performed pursuant to para- 7 graph four of this subdivision. The bridge authority shall install signs 8 giving notice that a photo speed violation monitoring system is in use, 9 in conformance with standards established in the MUTCD. 10 3. Operators of photo speed violation monitoring systems shall have 11 completed training in the procedures for setting up, testing, and oper- 12 ating such systems. Each such operator shall complete and sign a daily 13 set-up log for each such system that the operator operates that (i) 14 states the date and time when, and the location where, the system was 15 set up that day, and (ii) states that such operator successfully 16 performed, and the system passed, the self-tests of such system before 17 producing a recorded image that day. The bridge authority shall retain 18 each such daily log until the later of the date on which the photo speed 19 violation monitoring system to which it applies has been permanently 20 removed from use or the final resolution of all cases involving notices 21 of liability issued based on photographs, microphotographs, video or 22 other recorded images produced by such system. 23 4. Each photo speed violation monitoring system shall undergo an annu- 24 al calibration check performed by an independent calibration laboratory 25 which shall issue a signed certificate of calibration. The bridge 26 authority shall keep each such annual certificate of calibration on file 27 until the final resolution of all cases involving a notice of liability 28 issued during such year which were based on photographs, microphoto- 29 graphs, videotape or other recorded images produced by such photo speed 30 violation monitoring system. 31 5. (i) Such program shall utilize necessary technologies to ensure, to 32 the extent practicable, that photographs, microphotographs, videotape or 33 other recorded images produced by such photo speed violation monitoring 34 systems shall not include images that identify the driver, the passen- 35 gers, or the contents of the vehicle. Provided, however, that no notice 36 of liability issued pursuant to this section shall be dismissed solely 37 because such a photograph, microphotograph, videotape or other recorded 38 image allows for the identification of the driver, the passengers, or 39 the contents of vehicles where the bridge authority shows that it made 40 reasonable efforts to comply with the provisions of this paragraph in 41 such case. 42 (ii) Photographs, microphotographs, videotape or any other recorded 43 image from a photo speed violation monitoring system shall be for the 44 exclusive use of the bridge authority for the purpose of the adjudi- 45 cation of liability imposed pursuant to this section and of the owner 46 receiving a notice of liability pursuant to this section, and shall be 47 destroyed by the bridge authority upon the final resolution of the 48 notice of liability to which such photographs, microphotographs, vide- 49 otape or other recorded images relate, or one year following the date of 50 issuance of such notice of liability, whichever is later. Notwithstand- 51 ing the provisions of any other law, rule or regulation to the contrary, 52 photographs, microphotographs, videotape or any other recorded image 53 from a photo speed violation monitoring system shall not be open to the 54 public, nor subject to civil or criminal process or discovery, nor used 55 by any court or administrative or adjudicatory body in any action or 56 proceeding therein except that which is necessary for the adjudicationS. 3008 52 A. 3008 1 of a notice of liability issued pursuant to this section, and no public 2 entity or employee, officer or agent thereof shall disclose such infor- 3 mation, except that such photographs, microphotographs, videotape or any 4 other recorded images from such systems: 5 (A) shall be available for inspection and copying and use by the motor 6 vehicle owner and operator for so long as such photographs, microphoto- 7 graphs, videotape or other recorded images are required to be maintained 8 or are maintained by such public entity, employee, officer or agent; and 9 (B) (1) shall be furnished when described in a search warrant issued 10 by a court authorized to issue such a search warrant pursuant to article 11 six hundred ninety of the criminal procedure law or a federal court 12 authorized to issue such a search warrant under federal law, where such 13 search warrant states that there is reasonable cause to believe such 14 information constitutes evidence of, or tends to demonstrate that, a 15 misdemeanor or felony offense was committed in this state or another 16 state, or that a particular person participated in the commission of a 17 misdemeanor or felony offense in this state or another state, provided, 18 however, that if such offense was against the laws of another state, the 19 court shall only issue a warrant if the conduct comprising such offense 20 would, if occurring in this state, constitute a misdemeanor or felony 21 against the laws of this state; and 22 (2) shall be furnished in response to a subpoena duces tecum signed by 23 a judge of competent jurisdiction and issued pursuant to article six 24 hundred ten of the criminal procedure law or a judge or magistrate of a 25 federal court authorized to issue such a subpoena duces tecum under 26 federal law, where the judge finds and the subpoena states that there is 27 reasonable cause to believe such information is relevant and material to 28 the prosecution, or the defense, or the investigation by an authorized 29 law enforcement official, of the alleged commission of a misdemeanor or 30 felony in this state or another state, provided, however, that if such 31 offense was against the laws of another state, such judge or magistrate 32 shall only issue such subpoena if the conduct comprising such offense 33 would, if occurring in this state, constitute a misdemeanor or felony in 34 this state; and 35 (3) may, if lawfully obtained pursuant to this clause and clause (A) 36 of this subparagraph and otherwise admissible, be used in such criminal 37 action or proceeding. 38 (b) The owner of a vehicle shall be liable for a penalty imposed 39 pursuant to this section if such vehicle was used or operated with the 40 permission of the owner, express or implied, within a construction or 41 maintenance work area located at a bridge authority project in violation 42 of paragraph two of subdivision (d) or subdivision (f), or when other 43 speed limits are in effect in violation of subdivision (b) or (g) or 44 paragraph one of subdivision (d) of section eleven hundred eighty of 45 this article, such vehicle was traveling at a speed of more than ten 46 miles per hour above the posted speed limit in effect within such 47 construction or maintenance work area, and such violation is evidenced 48 by information obtained from a photo speed violation monitoring system; 49 provided however that no owner of a vehicle shall be liable for a penal- 50 ty imposed pursuant to this section where the operator of such vehicle 51 has been convicted of the underlying violation of subdivision (b), (d), 52 (f) or (g) of section eleven hundred eighty of this article. 53 (c) For purposes of this section, the following terms shall have the 54 following meanings: 55 1. "manual on uniform traffic control devices" or "MUTCD" shall mean 56 the manual and specifications for a uniform system of traffic controlS. 3008 53 A. 3008 1 devices maintained by the commissioner of transportation pursuant to 2 section sixteen hundred eighty of this chapter; 3 2. "owner" shall have the meaning provided in article two-B of this 4 chapter; 5 3. "photo speed violation monitoring system" shall mean a vehicle 6 sensor installed to work in conjunction with a speed measuring device 7 which automatically produces two or more photographs, two or more micro- 8 photographs, a videotape or other recorded images of each vehicle at the 9 time it is used or operated in a construction or maintenance work area 10 located at a bridge authority project in violation of subdivision (b), 11 (d), (f) or (g) of section eleven hundred eighty of this article in 12 accordance with the provisions of this section; and 13 4. "bridge authority projects" shall mean the projects referred to in 14 subdivision ten or ten-a of section five hundred twenty-eight of the 15 public authorities law, or as otherwise provided in an applicable inter- 16 agency agreement. 17 (d) A certificate, sworn to or affirmed by a technician employed by 18 the bridge authority or its agent as applicable, or a facsimile thereof, 19 based upon inspection of photographs, microphotographs, videotape or 20 other recorded images produced by a photo speed violation monitoring 21 system, shall be prima facie evidence of the facts contained therein. 22 Any photographs, microphotographs, videotape or other recorded images 23 evidencing such a violation shall include at least two date and time 24 stamped images of the rear of the motor vehicle that include the same 25 stationary object near the motor vehicle to the extent practicable and 26 shall be available for inspection reasonably in advance of and at any 27 proceeding to adjudicate the liability for such violation pursuant to 28 this section. 29 (e) An owner liable for a violation of subdivision (b), (d), (f) or 30 (g) of section eleven hundred eighty of this article pursuant to a 31 program established pursuant to this section shall be liable for mone- 32 tary penalties not to exceed fifty dollars for a first violation, one 33 hundred twenty-five dollars for a second violation both of which were 34 committed within a period of eighteen months, and one hundred seventy- 35 five dollars for a third or subsequent violation all of which were 36 committed within a period of eighteen months; provided, however, that an 37 additional penalty not in excess of twenty-five dollars for each 38 violation may be imposed for the failure to respond to a notice of 39 liability within the prescribed time period. 40 (f) An imposition of liability under the program established pursuant 41 to this section shall not be deemed a conviction as an operator and 42 shall not be made part of the operating record of the person upon whom 43 such liability is imposed nor shall it be used for insurance purposes in 44 the provision of motor vehicle insurance coverage. 45 (g) 1. A notice of liability shall be sent by first class mail to each 46 person alleged to be liable as an owner for a violation of subdivision 47 (b), (d), (f) or (g) of section eleven hundred eighty of this article 48 pursuant to this section, within fourteen business days if such owner is 49 a resident of this state and within forty-five business days if such 50 owner is a non-resident. Personal delivery on the owner shall not be 51 required. A manual or automatic record of mailing prepared in the ordi- 52 nary course of business shall be prima facie evidence of the facts 53 contained therein. 54 2. A notice of liability shall contain the name and address of the 55 person alleged to be liable as an owner for a violation of subdivision 56 (b), (d), (f) or (g) of section eleven hundred eighty of this articleS. 3008 54 A. 3008 1 pursuant to this section, the registration number of the vehicle 2 involved in such violation, the location where such violation took 3 place, the date and time of such violation, the identification number of 4 the camera which recorded the violation or other document locator 5 number, at least two date and time stamped images of the rear of the 6 motor vehicle that include the same stationary object near the motor 7 vehicle to the extent practicable, and the certificate charging the 8 liability. 9 3. The notice of liability shall contain information advising the 10 person charged of the manner and the time in which such person may 11 contest the liability alleged in the notice. Such notice of liability 12 shall also contain a prominent warning to advise the person charged that 13 failure to contest in the manner and time provided shall be deemed an 14 admission of liability and that a default judgment may be entered there- 15 on. 16 4. The notice of liability shall be prepared and mailed by the bridge 17 authority or by any other entity authorized by the bridge authority to 18 prepare and mail such notice of liability. 19 (h) Adjudication of the liability imposed upon owners of this section 20 shall be by a traffic violations bureau established pursuant to section 21 three hundred seventy of the general municipal law where the violation 22 occurred or, if there be none, by a hearing officer designated by the 23 commissioner of motor vehicles. 24 (i) If an owner receives a notice of liability pursuant to this 25 section for any time period during which the vehicle or the number plate 26 or plates of such vehicle was reported to the police department as 27 having been stolen, it shall be a valid defense to an allegation of 28 liability for a violation of subdivision (b), (d), (f) or (g) of section 29 eleven hundred eighty of this article pursuant to this section that the 30 vehicle or the number plate or plates of such vehicle had been reported 31 to the police as stolen prior to the time the violation occurred and had 32 not been recovered by such time. For purposes of asserting the defense 33 provided by this subdivision, it shall be sufficient that a certified 34 copy of the police report on the stolen vehicle or number plate or 35 plates of such vehicle be sent by first class mail to the bridge author- 36 ity. 37 (j) 1. An owner who is a lessor of a vehicle to which a notice of 38 liability was issued pursuant to subdivision (g) of this section shall 39 not be liable for the violation of subdivision (b), (d), (f) or (g) of 40 section eleven hundred eighty of this article pursuant to this section, 41 provided that the owner sends to the bridge authority a copy of the 42 rental, lease or other such contract document covering such vehicle on 43 the date of the violation, with the name and address of the lessee 44 clearly legible, within thirty-seven days after receiving notice from 45 the bridge authority of the date and time of such violation, together 46 with the other information contained in the original notice of liabil- 47 ity. Failure to send such information within such thirty-seven-day time 48 period shall render the owner liable for the penalty prescribed by this 49 section. Where the lessor complies with the provisions of this para- 50 graph, the lessee of such vehicle on the date of such violation shall be 51 deemed to be the owner of such vehicle for purposes of this section, 52 shall be subject to liability for the violation of subdivision (b), (d), 53 (f) or (g) of section eleven hundred eighty of this article pursuant to 54 this section and shall be sent a notice of liability pursuant to subdi- 55 vision (g) of this section.S. 3008 55 A. 3008 1 2. In a city which, by local law, has authorized the adjudication of 2 liability imposed upon owners by this section by a parking violations 3 bureau, an owner who is a lessor of a vehicle to which a notice of 4 liability was issued pursuant to subdivision (g) of this section shall 5 not be liable for the violation of subdivision (b), (d), (f) or (g) of 6 section eleven hundred eighty of this article, provided that: 7 (i) prior to the violation, the lessor has filed with the bureau in 8 accordance with the provisions of section two hundred thirty-nine of 9 this chapter; and 10 (ii) within thirty-seven days after receiving notice from the bridge 11 authority of the date and time of a liability, together with the other 12 information contained in the original notice of liability, the lessor 13 submits to the bridge authority the correct name and address of the 14 lessee of the vehicle identified in the notice of liability at the time 15 of such violation, together with such other additional information 16 contained in the rental, lease or other contract document, as may be 17 reasonably required by the bridge authority pursuant to regulations that 18 may be promulgated for such purpose. 19 3. Failure to comply with this subdivision shall render the owner 20 liable for the penalty prescribed in this section. 21 4. Where the lessor complies with the provisions of this subdivision, 22 the lessee of such vehicle on the date of such violation shall be deemed 23 to be the owner of such vehicle for purposes of this section, shall be 24 subject to liability for such violation pursuant to this section and 25 shall be sent a notice of liability pursuant to subdivision (g) of this 26 section. 27 (k) 1. If the owner liable for a violation of subdivision (b), (d), 28 (f) or (g) of section eleven hundred eighty of this article pursuant to 29 this section was not the operator of the vehicle at the time of the 30 violation, the owner may maintain an action for indemnification against 31 the operator. 32 2. Notwithstanding any other provision of this section, no owner of a 33 vehicle shall be subject to a monetary fine imposed pursuant to this 34 section if the operator of such vehicle was operating such vehicle with- 35 out the consent of the owner at the time such operator operated such 36 vehicle in violation of subdivision (b), (d), (f) or (g) of section 37 eleven hundred eighty of this article. For purposes of this subdivision 38 there shall be a presumption that the operator of such vehicle was oper- 39 ating such vehicle with the consent of the owner at the time such opera- 40 tor operated such vehicle in violation of subdivision (b), (d), (f) or 41 (g) of section eleven hundred eighty of this article. 42 (l) Nothing in this section shall be construed to limit the liability 43 of an operator of a vehicle for any violation of subdivision (b), (d), 44 (f) or (g) of section eleven hundred eighty of this article. 45 (m) It shall be a defense to any prosecution for a violation of subdi- 46 vision (b), (d), (f) or (g) of section eleven hundred eighty of this 47 article pursuant to this section that such photo speed violation moni- 48 toring system was malfunctioning at the time of the alleged violation. 49 § 4. Subdivisions 11 and 12 of section 1803 of the vehicle and traffic 50 law, as amended by chapter 557 of the laws of 2023, are amended and two 51 new subdivisions 13 and 14 are added to read as follows: 52 11. Where the commissioner of transportation has established a [demon-53stration] program imposing monetary liability on the owner of a vehicle 54 for failure of an operator thereof to comply with subdivision (b), (d), 55 (f) or (g) of section eleven hundred eighty of this chapter in accord- 56 ance with section eleven hundred eighty-e of this chapter, any fine orS. 3008 56 A. 3008 1 penalty collected by a court, judge, magistrate or other officer for an 2 imposition of liability which occurs pursuant to such program shall be 3 paid to the state comptroller within the first ten days of the month 4 following collection, except as otherwise provided in subdivision three 5 of section ninety-nine-a of the state finance law. Every such payment 6 shall be accompanied by a statement in such form and detail as the comp- 7 troller shall provide. Notwithstanding the provisions of subdivision 8 five of this section, eighty percent of any such fine or penalty imposed 9 for such liability shall be paid to the general fund, and twenty percent 10 of any such fine or penalty shall be paid to the city, town or village 11 in which the violation giving rise to the liability occurred, provided, 12 however, that (a) within a county that has established a traffic and 13 parking violations agency pursuant to section three hundred seventy of 14 the general municipal law and such liability is disposed of by such 15 agency, eighty percent of any such fine or penalty imposed for such 16 liability shall be paid to the general fund, and twenty percent of any 17 such fine or penalty shall be paid to the county in which the violation 18 giving rise to the liability occurred; or (b) where collected by a hear- 19 ing officer appointed by the commissioner, eighty percent of any such 20 fine or penalty imposed for such liability shall be paid to the general 21 fund, and twenty percent shall be deposited in the work zone speed 22 camera administration fund established pursuant to section ninety-nine- 23 ss of the state finance law. With respect to the percentage of fines or 24 penalties paid to the general fund, no less than sixty percent shall be 25 dedicated to department of transportation work zone safety projects 26 after deducting the expenses necessary to administer such [demon-27stration] program, provided, however, that except as provided pursuant 28 to section ninety-nine-ss of the state finance law, such funds provided 29 pursuant to this subdivision shall be payable on the audit and warrant 30 of the comptroller and shall only be used to supplement and not supplant 31 current expenditures of state funds on work zone safety projects. For 32 the purposes of this subdivision, "work zone safety projects" shall 33 apply to work zones under the jurisdiction of the department of trans- 34 portation and shall include, but not be limited to, inspection and 35 implementation of work zone design, maintenance, traffic plans and mark- 36 ings, worker safety training, contractor outreach, enforcement efforts, 37 radar speed display signs at major active work zones and police presence 38 at major active work zones, as provided in section twenty-two of the 39 transportation law. All fines, penalties and forfeitures paid to a coun- 40 ty, city, town or village pursuant to the provisions of this subdivision 41 shall be credited to the general fund of such county, city, town or 42 village, unless a different disposition is prescribed by charter, 43 special law, local law or ordinance. 44 12. Where the chair of the New York state thruway authority has estab- 45 lished a [demonstration] program imposing monetary liability on the 46 owner of a vehicle for failure of an operator thereof to comply with 47 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 48 this chapter in accordance with section eleven hundred eighty-e of this 49 chapter, any fine or penalty collected by a court, judge, magistrate or 50 other officer for an imposition of liability which occurs pursuant to 51 such program shall be paid to the state comptroller within the first ten 52 days of the month following collection, except as otherwise provided in 53 subdivision three of section ninety-nine-a of the state finance law. 54 Every such payment shall be accompanied by a statement in such form and 55 detail as the comptroller shall provide. Notwithstanding the provisions 56 of subdivision five of this section, eighty percent of any such fine orS. 3008 57 A. 3008 1 penalty imposed for such liability shall be paid to the thruway authori- 2 ty, and twenty percent of any such fine or penalty shall be paid to the 3 city, town or village in which the violation giving rise to the liabil- 4 ity occurred, provided, however, that (a) within a county that has 5 established a traffic and parking violations agency pursuant to section 6 three hundred seventy of the general municipal law and such liability is 7 disposed of by such agency, eighty percent of any such fine or penalty 8 imposed for such liability shall be paid to the thruway authority, and 9 twenty percent of any such fine or penalty shall be paid to the county 10 in which the violation giving rise to the liability occurred; or (b) 11 where collected by a hearing officer appointed by the commissioner, 12 eighty percent of any such fine or penalty imposed for such liability 13 shall be paid to the thruway authority, and twenty percent shall be 14 deposited in the work zone speed camera administration fund established 15 pursuant to section ninety-nine-ss of the state finance law. With 16 respect to the percentage of fines or penalties paid to the thruway 17 authority, no less than sixty percent shall be dedicated to thruway 18 authority work zone safety projects after deducting the expenses neces- 19 sary to administer such [demonstration] program, provided, however, that 20 except as provided pursuant to section ninety-nine-ss of the state 21 finance law, such funds provided pursuant to this subdivision shall be 22 payable on the audit and warrant of the comptroller and shall only be 23 used to supplement and not supplant current expenditures of state funds 24 on work zone safety projects. For the purposes of this subdivision, 25 "work zone safety projects" shall apply to work zones under the juris- 26 diction of the thruway authority and shall include, but not be limited 27 to, inspection and implementation of work zone design, maintenance, 28 traffic plans and markings, worker safety training, contractor outreach, 29 enforcement efforts, radar speed display signs at major active work 30 zones and police presence at major active work zones, as provided in 31 section twenty-two of the transportation law. For the purposes of this 32 subdivision, the term "thruway authority" shall mean the New York state 33 thruway authority, a body corporate and politic constituting a public 34 corporation created and constituted pursuant to title nine of article 35 two of the public authorities law. All fines, penalties and forfeitures 36 paid to a county, city, town or village pursuant to the provisions of 37 this subdivision shall be credited to the general fund of such county, 38 city, town or village, unless a different disposition is prescribed by 39 charter, special law, local law or ordinance. 40 13. Where the Triborough bridge and tunnel authority has established a 41 program imposing monetary liability on the owner of a vehicle for fail- 42 ure of an operator thereof to comply with subdivision (b), (d), (f) or 43 (g) of section eleven hundred eighty of this chapter in accordance with 44 section eleven hundred eighty-h of this chapter, any fine or penalty 45 collected by the New York city parking violations bureau for an imposi- 46 tion of liability which occurs pursuant to such program shall be paid to 47 the state comptroller within the first ten days of the month following 48 collection, except as otherwise provided in subdivision three of section 49 ninety-nine-a of the state finance law. Every such payment shall be 50 accompanied by a statement in such form and detail as the comptroller 51 shall provide. Notwithstanding the provisions of subdivision five of 52 this section, eighty percent of any such fine or penalty imposed for 53 such liability shall be paid to the Triborough bridge and tunnel author- 54 ity, and twenty percent of any such fine or penalty shall be paid to the 55 New York city parking violations bureau. With respect to the percentage 56 of fines or penalties paid to the Triborough bridge and tunnel authori-S. 3008 58 A. 3008 1 ty, no less than sixty percent shall be dedicated to Triborough bridge 2 and tunnel authority work zone safety projects after deducting the 3 expenses necessary to administer such program, provided, however, that 4 such funds provided pursuant to this subdivision shall be payable on the 5 audit and warrant of the comptroller and shall only be used to supple- 6 ment and not supplant current expenditures of state funds on work zone 7 safety projects. For the purposes of this subdivision, "work zone safety 8 projects" shall apply to work zones under the jurisdiction of the 9 Triborough bridge and tunnel authority and shall include, but not be 10 limited to, inspection and implementation of work zone design, mainte- 11 nance, traffic plans and markings, worker safety training, contractor 12 outreach, enforcement efforts, radar speed display signs at major active 13 work zones and police presence at major active work zones, as provided 14 in section twenty-two of the transportation law. For the purposes of 15 this subdivision, the term "Triborough bridge and tunnel authority" 16 shall mean the New York state Triborough bridge and tunnel authority, a 17 body corporate and politic constituting a public benefit corporation 18 created and constituted pursuant to title three of article three of the 19 public authorities law. All fines, penalties and forfeitures paid to a 20 county, city, town or village pursuant to the provisions of this subdi- 21 vision shall be credited to the general fund of such county, city, town 22 or village, unless a different disposition is prescribed by charter, 23 special law, local law or ordinance. 24 14. Where the New York state bridge authority has established a 25 program imposing monetary liability on the owner of a vehicle for fail- 26 ure of an operator thereof to comply with subdivision (b), (d), (f) or 27 (g) of section eleven hundred eighty of this chapter in accordance with 28 section eleven hundred eighty-i of this chapter, any fine or penalty 29 collected by a court, judge, magistrate or other officer for an imposi- 30 tion of liability which occurs pursuant to such program shall be paid to 31 the state comptroller within the first ten days of the month following 32 collection, except as otherwise provided in subdivision three of section 33 ninety-nine-a of the state finance law. Every such payment shall be 34 accompanied by a statement in such form and detail as the comptroller 35 shall provide. Notwithstanding the provisions of subdivision five of 36 this section, eighty percent of any such fine or penalty imposed for 37 such liability shall be paid to the bridge authority, and twenty percent 38 of any such fine or penalty shall be paid to the city, town or village 39 in which the violation giving rise to the liability occurred, provided, 40 however, that (a) within a county that has established a traffic and 41 parking violations agency pursuant to section three hundred seventy of 42 the general municipal law and such liability is disposed of by such 43 agency, eighty percent of any such fine or penalty imposed for such 44 liability shall be paid to the bridge authority, and twenty percent of 45 any such fine or penalty shall be paid to the county in which the 46 violation giving rise to the liability occurred; or (b) where collected 47 by a hearing officer appointed by the commissioner, eighty percent of 48 any such fine or penalty imposed for such liability shall be paid to the 49 bridge authority, and twenty percent shall be deposited in the work zone 50 speed camera administration fund established pursuant to section nine- 51 ty-nine-ss of the state finance law. With respect to the percentage of 52 fines or penalties paid to the bridge authority, no less than sixty 53 percent shall be dedicated to bridge authority work zone safety projects 54 after deducting the expenses necessary to administer such program, 55 provided, however, that except as provided pursuant to section ninety- 56 nine-ss of the state finance law, such funds provided pursuant to thisS. 3008 59 A. 3008 1 subdivision shall be payable on the audit and warrant of the comptroller 2 and shall only be used to supplement and not supplant current expendi- 3 tures of state funds on work zone safety projects. For the purposes of 4 this subdivision, "work zone safety projects" shall apply to work zones 5 under the jurisdiction of the bridge authority and shall include, but 6 not be limited to, inspection and implementation of work zone design, 7 maintenance, traffic plans and markings, worker safety training, 8 contractor outreach, enforcement efforts, radar speed display signs at 9 major active work zones and police presence at major active work zones, 10 as provided in section twenty-two of the transportation law. For the 11 purposes of this subdivision, the term "bridge authority" shall mean the 12 New York state bridge authority, a body corporate and politic constitut- 13 ing a public benefit corporation created and constituted pursuant to 14 title two of article three of the public authorities law. All fines, 15 penalties and forfeitures paid to a county, city, town or village pursu- 16 ant to the provisions of this subdivision shall be credited to the 17 general fund of such county, city, town or village, unless a different 18 disposition is prescribed by charter, special law, local law or ordi- 19 nance. 20 § 5. The state finance law is amended by adding a new section 99-ss to 21 read as follows: 22 § 99-ss. Work zone speed camera administration fund. 1. There is here- 23 by established in the joint custody of the commissioner of taxation and 24 finance and the comptroller a special fund to be known as the "work zone 25 speed camera administration fund". 26 2. The fund shall consist of fines or penalties collected by the 27 commissioner of motor vehicles for violations of sections eleven hundred 28 eighty-e and eleven hundred eighty-i of the vehicle and traffic law and 29 pursuant to subdivisions eleven, twelve and fourteen of section eighteen 30 hundred and three of the vehicle and traffic law. 31 3. Moneys of the fund shall be made available to the department of 32 motor vehicles only for the costs incurred by the department in adjudi- 33 cating liabilities and hearing administrative appeals regarding 34 violations of sections eleven hundred eighty-e and eleven hundred eight- 35 y-i of the vehicle and traffic law. 36 4. The moneys of the fund shall be paid out on the audit and warrant 37 of the comptroller on vouchers certified or approved by the commissioner 38 of motor vehicles. At the end of each year any moneys remaining in the 39 fund shall be retained in the fund and shall not revert to the general 40 fund. The interest and income earned on money in the fund, after 41 deducting any applicable charges, shall be credited to the fund. 42 § 6. Subdivision 2 of section 87 of the public officers law is amended 43 by adding two new paragraphs (v) and (w) to read as follows: 44 (v) are photographs, microphotographs, videotape or other recorded 45 images prepared under authority of section eleven hundred eleven-h of 46 the vehicle and traffic law. 47 (w) are photographs, microphotographs, videotape or other recorded 48 images prepared under authority of section eleven hundred eleven-i of 49 the vehicle and traffic law. 50 § 7. Section 16 of chapter 421 of the laws of 2021 amending the vehi- 51 cle and traffic law and the general municipal law relating to certain 52 notices of liability, is amended to read as follows: 53 § 16. This act shall take effect on the thirtieth day after it shall 54 have become a law; [provided, however, that sections twelve, thirteen,55fourteen and fifteen of this act shall expire and be deemed repealed 556years after such effective date when upon such date the provisions ofS. 3008 60 A. 3008 1such sections shall be deemed repealed;] provided that effective imme- 2 diately, the addition, amendment and/or repeal of any rule or regulation 3 necessary for the implementation of this act on its effective date are 4 authorized to be made and completed on or before such effective date[;5and provided further, that:6(a) the amendments to the opening paragraph and paragraph (c) of7subdivision 1 of section 1809 of the vehicle and traffic law made by8section eight of this act shall not affect the expiration of such9section and shall be deemed to expire therewith, when upon such date the10provisions of section eight-a of this act shall take effect;11(b) the amendments to the opening paragraph and paragraph (c) of12subdivision 1 of section 1809 of the vehicle and traffic law made by13section eight-a of this act shall not affect the expiration of such14section and shall be deemed to expire therewith, when upon such date the15provisions of section eight-b of this act shall take effect;16(c) the amendments to subdivision 1 of section 1809 of the vehicle and17traffic law made by section eight-b of this act shall not affect the18expiration of such section and shall be deemed to expire therewith, when19upon such date the provisions of section eight-c of this act shall take20effect;21(d) the amendments to subdivision 1 of section 1809 of the vehicle and22traffic law made by section eight-c of this act shall not affect the23expiration of such section and shall be deemed to expire therewith, when24upon such date the provisions of section eight-d of this act shall take25effect;26(e) the amendments to subdivision 1 of section 1809 of the vehicle and27traffic law made by section eight-d of this act shall not affect the28expiration of such section and shall be deemed to expire therewith, when29upon such date the provisions of section eight-e of this act shall take30effect;31(f) the amendments to subdivision 1 of section 1809 of the vehicle and32traffic law made by section eight-e of this act shall not affect the33expiration of such section and shall be deemed to expire therewith, when34upon such date the provisions of section eight-f of this act shall take35effect;36(g) the amendments to subdivision 1 of section 1809 of the vehicle and37traffic law made by section eight-f of this act shall not affect the38expiration of such section and shall be deemed to expire therewith, when39upon such date the provisions of section eight-g of this act shall take40effect; and41(h) the amendments to subdivision 1 of section 1809 of the vehicle and42traffic law made by section eight-g of this act shall not affect the43expiration of such section and shall be deemed to expire therewith, when44upon such date the provisions of section eight-h of this act shall take45effect]. 46 § 8. For the purpose of informing and educating owners of motor vehi- 47 cles in this state, an agency or authority authorized to issue notices 48 of liability pursuant to the provisions of this act shall, during the 49 first thirty-day period in which the photo violation monitoring systems 50 are in operation pursuant to the provisions of this act, issue a written 51 warning in lieu of a notice of liability to all owners of motor vehicles 52 who would be held liable for failure of operators thereof to comply with 53 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of the 54 vehicle and traffic law in accordance with sections eleven hundred 55 eighty-h and eleven hundred eighty-i of the vehicle and traffic law.S. 3008 61 A. 3008 1 § 9. This act shall take effect immediately; provided however, that 2 sections one, two, three, four, five and six of this act shall take 3 effect on the thirtieth day after it shall have become a law. Effective 4 immediately, the addition, amendment and/or repeal of any rule or regu- 5 lation necessary for the implementation of this act on its effective 6 date are authorized to be made and completed on or before such effective 7 date. 8 PART R 9 Section 1. Subdivision 11 of section 120.05 of the penal law, as 10 amended by section 2 of part Z of chapter 55 of the laws of 2024, is 11 amended to read as follows: 12 11. With intent to cause physical injury to a train operator, ticket 13 inspector, conductor, signalperson, bus operator, station agent, station 14 cleaner, terminal cleaner, station customer assistant, traffic checker; 15 person whose official duties include the sale or collection of tickets, 16 passes, vouchers, or other revenue payment media for use on a train, 17 bus, or ferry the collection or handling of revenues therefrom; a person 18 whose official duties include the construction, maintenance, repair, 19 inspection, troubleshooting, testing or cleaning of buses or ferries, a 20 transit signal system, elevated or underground subway tracks, transit 21 station or transportation structure, including fare equipment, escala- 22 tors, elevators and other equipment necessary to passenger service, 23 commuter rail tracks or stations, train yard, revenue train in passenger 24 service, a ferry station, or a train or bus station or terminal, or any 25 roadways, walkways, tunnels, bridges, tolling facilities or their 26 supporting systems, building or structures; or a supervisor of such 27 personnel, employed by any transit or commuter rail agency, authority or 28 company, public or private, whose operation is authorized or established 29 by New York state or any of its political subdivisions, a city marshal, 30 a school crossing guard appointed pursuant to section two hundred 31 eight-a of the general municipal law, a traffic enforcement officer, 32 traffic enforcement agent, motor vehicle license examiner, motor vehicle 33 representative, highway worker as defined in section one hundred eigh- 34 teen-a of the vehicle and traffic law, motor carrier investigator as 35 defined in section one hundred eighteen-b of the vehicle and traffic 36 law, motor vehicle inspector as defined in section one hundred eigh- 37 teen-c of the vehicle and traffic law, prosecutor as defined in subdivi- 38 sion thirty-one of section 1.20 of the criminal procedure law, sanita- 39 tion enforcement agent, New York city sanitation worker, public health 40 sanitarian, New York city public health sanitarian, registered nurse, 41 licensed practical nurse, emergency medical service paramedic, or emer- 42 gency medical service technician, [he or she] such person causes phys- 43 ical injury to such train operator, ticket inspector, conductor, signal- 44 person, bus operator, station agent, station cleaner, terminal cleaner, 45 station customer assistant, traffic checker; person whose official 46 duties include the sale or collection of tickets, passes, vouchers or 47 other revenue payment media for use on a train, bus, or ferry or the 48 collection or handling of revenues therefrom; a person whose official 49 duties include the construction, maintenance, repair, inspection, trou- 50 bleshooting, testing or cleaning of buses or ferries, a transit signal 51 system, elevated or underground subway tracks, transit station or trans- 52 portation structure, including fare equipment, escalators, elevators and 53 other equipment necessary to passenger service, commuter rail tracks or 54 stations, train yard, revenue train in passenger service, a ferryS. 3008 62 A. 3008 1 station, or a train or bus station or terminal, or any roadways, walk- 2 ways, tunnels, bridges, tolling facilities or their supporting systems, 3 buildings or structures; or a supervisor of such personnel, city 4 marshal, school crossing guard appointed pursuant to section two hundred 5 eight-a of the general municipal law, traffic enforcement officer, traf- 6 fic enforcement agent, motor vehicle license examiner, motor vehicle 7 representative, highway worker as defined in section one hundred eigh- 8 teen-a of the vehicle and traffic law, motor carrier investigator as 9 defined in section one hundred eighteen-b of the vehicle and traffic 10 law, motor vehicle inspector as defined in section one hundred eigh- 11 teen-c of the vehicle and traffic law, prosecutor as defined in subdivi- 12 sion thirty-one of section 1.20 of the criminal procedure law, regis- 13 tered nurse, licensed practical nurse, public health sanitarian, New 14 York city public health sanitarian, sanitation enforcement agent, New 15 York city sanitation worker, emergency medical service paramedic, or 16 emergency medical service technician, while such employee is performing 17 [an assigned duty on, or directly related to,] a lawful act related, 18 directly or indirectly, to an employment responsibility, including but 19 not limited to the operation of a train or bus, cleaning of a train or 20 bus station or terminal, assisting customers, checking traffic, the sale 21 or collection of tickets, passes, vouchers, or other revenue media for 22 use on a train, bus, or ferry or maintenance or cleaning of a train, a 23 bus, a ferry, or bus station or terminal, signal system, elevated or 24 underground subway tracks, transit station or transportation structure, 25 including fare equipment, escalators, elevators and other equipment 26 necessary to passenger service, commuter rail tracks or stations, train 27 yard or revenue train in passenger service, a ferry station, or such 28 city marshal, school crossing guard, traffic enforcement officer, traf- 29 fic enforcement agent, motor vehicle license examiner, motor vehicle 30 representative, highway worker as defined in section one hundred eigh- 31 teen-a of the vehicle and traffic law, motor carrier investigator as 32 defined in section one hundred eighteen-b of the vehicle and traffic 33 law, motor vehicle inspector as defined in section one hundred eigh- 34 teen-c of the vehicle and traffic law, prosecutor as defined in subdivi- 35 sion thirty-one of section 1.20 of the criminal procedure law, regis- 36 tered nurse, licensed practical nurse, public health sanitarian, New 37 York city public health sanitarian, sanitation enforcement agent, New 38 York city sanitation worker, emergency medical service paramedic, or 39 emergency medical service technician is performing an assigned duty; or 40 § 2. The vehicle and traffic law is amended by adding three new 41 sections 118-a, 118-b and 118-c to read as follows: 42 § 118-a. Highway worker. Any person employed by or on behalf of the 43 state, a county, city, town, village, a public authority, local authori- 44 ty, public utility company, or an agent or contractor of any such enti- 45 ty, or a flagperson as defined in section one hundred fifteen-b of this 46 article, who has been assigned to perform work on a highway, public 47 highway, roadway, access highway, or qualifying highway, or within the 48 highway right of way. Such work may include, but shall not be limited 49 to, construction, reconstruction, maintenance, improvement, flagging, 50 utility installation, or the operation of equipment. For purposes of 51 this section, the term "highway right of way" shall mean the entire 52 width between the boundary line of all property which has been 53 purchased, appropriated, or designated by the state, a municipal entity, 54 or a public benefit corporation for highway purposes, all property over 55 which the commissioner of transportation, any municipal entity, or 56 public benefit corporation has assumed jurisdiction for highwayS. 3008 63 A. 3008 1 purposes, and all property that has become part of a highway system 2 through dedication or use, including any property deemed necessary for 3 the maintenance, construction, reconstruction, or improvement of any 4 highway. Such work may include, but shall not be limited to 5 construction, reconstruction, maintenance, improvement, flagging, utili- 6 ty installation, or the operation of equipment. 7 § 118-b. Motor carrier investigator. Any person employed by the 8 department of transportation who has been assigned to perform investi- 9 gations of any motor carriers regulated by the commissioner of transpor- 10 tation. 11 § 118-c. Motor vehicle inspector. Any person employed by the depart- 12 ment of transportation who has been assigned to perform inspections of 13 any motor vehicles regulated by the commissioner of transportation. 14 § 3. This act shall take effect on the ninetieth day after it shall 15 have become a law. 16 PART S 17 Section 1. Section 4 of chapter 495 of the laws of 2004, amending the 18 insurance law and the public health law relating to the New York state 19 health insurance continuation assistance demonstration project, as 20 amended by section 1 of part BB of chapter 58 of the laws of 2024, is 21 amended to read as follows: 22 § 4. This act shall take effect on the sixtieth day after it shall 23 have become a law; provided, however, that this act shall remain in 24 effect until July 1, [2025] 2026 when upon such date the provisions of 25 this act shall expire and be deemed repealed; provided, further, that a 26 displaced worker shall be eligible for continuation assistance retroac- 27 tive to July 1, 2004. 28 § 2. This act shall take effect immediately. 29 PART T 30 Section 1. Subdivision 7 of section 2611 of the public authorities 31 law, as amended by section 1 of part NN of chapter 58 of the laws of 32 2019, is amended to read as follows: 33 7. To enter into contracts, leases and subleases and to execute all 34 instruments necessary or convenient for the conduct of authority busi- 35 ness, including agreements with the park district and any state agency 36 which administers, owns or supervises any olympic facility or Belleayre 37 Mountain ski center, as provided in sections twenty-six hundred twelve 38 and twenty-six hundred fourteen of this title[, and including contracts39or other agreements to plan, prepare for and host the two thousand twen-40ty-three World University Games to be held in Lake Placid, New York41where such contracts or agreements would obligate the authority to42defend, indemnify and/or insure third parties in connection with, aris-43ing out of, or relating to such games, such authority to be limited by44the amount of any lawful appropriation or other funding such as a45performance bond surety, or other collateral instrument for that46purpose. With respect to the two thousand twenty-three World University47Games, the amount of such appropriation shall be no more than sixteen48million dollars]. This shall include the power to enter into contracts 49 or other agreements to join reciprocal ski pass programs with other ski 50 areas, where the members of such reciprocal pass program are required to 51 defend and/or indemnify one or more other members of such program for 52 claims or causes of action arising out of, or relating to, such contractS. 3008 64 A. 3008 1 or agreement. This power shall be limited by the amount of the authori- 2 ty's discretionary funds, any lawful appropriation, or other funding, up 3 to a limit of two hundred fifty thousand dollars per such claim or cause 4 of action; 5 § 2. This act shall take effect immediately. 6 PART U 7 Section 1. The general business law is amended by adding a new article 8 47 to read as follows: 9 ARTICLE 47 10 ARTIFICIAL INTELLIGENCE COMPANION MODELS 11 Section. 1700. Definitions. 12 1701. Prohibitions and requirements. 13 1702. Notifications. 14 1703. Enforcement. 15 1704. Severability. 16 § 1700. Definitions. As used in this article, the following terms 17 shall have the following meanings: 18 1. "Artificial intelligence", "artificial intelligence technology", or 19 "AI" means a machine-based system that can, for a given set of human-de- 20 fined objectives, make predictions, recommendations, or decisions influ- 21 encing real or virtual environments, and that uses machine- and human- 22 based inputs to perceive real and virtual environments, abstract such 23 perceptions into models through analysis in an automated manner, and use 24 model inference to formulate options for information or action. 25 2. "Generative artificial intelligence" means a class of AI models 26 that are self-supervised and emulate the structure and characteristics 27 of input data to generate derived synthetic content, including, but not 28 limited to, images, videos, audio, text, and other digital content. 29 3. "AI model" means a component of an information system that imple- 30 ments artificial intelligence technology and uses computational, statis- 31 tical, or machine-learning techniques to produce outputs from a given 32 set of inputs. 33 4. "AI companion" means a system using artificial intelligence, gener- 34 ative artificial intelligence, and/or emotional recognition algorithms 35 to simulate social human interaction, by retaining information on prior 36 interactions and user preference, asking questions, providing advice, 37 and engaging in simulated conversation on matters of personal well-be- 38 ing. 39 5. "Operator" means any person, partnership, association, firm, or 40 business entity, or any member, affiliate, subsidiary or beneficial 41 owner of any partnership, association, firm, or business entity who 42 operates or provides an AI companion. 43 6. "Person" means any natural person. 44 7. "Emotional recognition algorithms" means artificial intelligence 45 that detects and interprets human emotional signals in text (using 46 natural language processing and sentiment analysis), audio (using voice 47 emotion AI), video (using facial movement analysis, gait analysis, or 48 physiological signals), or a combination thereof. 49 8. "User" means any person who uses an AI companion within the state 50 and who is not an operator or agent or affiliate of the operator of the 51 AI companion. 52 § 1701. Prohibitions and requirements. It shall be unlawful for any 53 operator to operate or provide an AI companion to a user unless such AI 54 companion contains a protocol for addressing possible suicidal ideationS. 3008 65 A. 3008 1 or self-harm expressed by a user to the AI companion, that includes but 2 is not limited to, a notification to the user that refers them to crisis 3 service providers such as a suicide hotline, crisis text line, or other 4 appropriate crisis services. 5 § 1702. Notifications. An operator shall provide a notification to a 6 user at the beginning of any AI companion interaction and at least every 7 three hours for continuing AI companion interactions thereafter, which 8 states either verbally or in bold and capitalized letters of at least 9 sixteen point type, the following: 10 "THE AI COMPANION (OR NAME OF THE AI COMPANION) IS A COMPUTER PROGRAM 11 AND NOT A HUMAN BEING. IT IS UNABLE TO FEEL HUMAN EMOTION". 12 § 1703. Enforcement. Any person aggrieved by a violation of section 13 seventeen hundred one or seventeen hundred two of this article may bring 14 an action in a court of competent jurisdiction for damages, equitable 15 relief, and such other remedies as the court may deem appropriate. 16 § 1704. Severability. If any clause, sentence, paragraph, subdivision, 17 section or part of this act shall be adjudged by any court of competent 18 jurisdiction to be invalid, such judgment shall not affect, impair, or 19 invalidate the remainder thereof, but shall be confined in its operation 20 to the clause, sentence, paragraph, subdivision, section or part thereof 21 directly involved in the controversy in which such judgment shall have 22 been rendered. It is hereby declared to be the intent of the legislature 23 that this act would have been enacted even if such invalid provisions 24 had not been included herein. 25 § 2. This act shall take effect on the one hundred eightieth day after 26 it shall have become a law. 27 PART V 28 Section 1. The article heading of article 12-B of the general business 29 law, as added by chapter 1005 of the laws of 1960, is amended to read as 30 follows: 31 RETAIL SALES AND MERCANTILE ESTABLISHMENTS 32 § 2. The section heading and subdivision 1 of section 217 of the 33 general business law, as amended by chapter 278 of the laws of 2009, are 34 amended and two new subdivisions 3 and 4 are added to read as follows: 35 [Definition] Definitions. 36 1. "Retail mercantile establishment" shall mean a place where goods, 37 wares or merchandise are offered to the public for sale, but does not 38 include any retail seller as defined in subdivision three of this 39 section. 40 3. "Retail seller" shall mean any association, partnership, firm, 41 corporation, limited liability company or other business entity that: 42 (a) is comprised of five hundred or more employees statewide or that has 43 annual gross revenues from sales in New York of five hundred thousand 44 dollars or more; and (b) that is engaged in the retail sale of goods, 45 wares, or merchandise to the public in New York state through any phys- 46 ical or virtual medium, including but not limited to ecommerce, mobile 47 app, social media or any other virtual marketplace. A "retail seller" 48 shall not include a platform or business that facilitates transactions 49 between independent sellers or businesses and consumers by, for example, 50 providing infrastructure to advertise and market such independent sell- 51 ers' or businesses' products and facilitating payment processing. 52 4. "Retail sale" shall mean a sale of commodities or goods to the 53 ultimate consumer primarily for personal, family or household purposes.S. 3008 66 A. 3008 1 As used in this section, the term "retail sale" does not include the 2 sale of used goods. 3 § 3. The section heading of section 218-a of the general business law, 4 as amended by chapter 278 of the laws of 2009, is amended to read as 5 follows: 6 Disclosure of refund policies by retail mercantile establishments. 7 § 4. The general business law is amended by adding a new section 218- 8 aaa to read as follows: 9 § 218-aaa. Minimum standards for refund policies and disclosure by 10 retail sellers. 1. (a) Every retail seller shall offer full cash or 11 credit refunds, equal exchanges, or store credit, at the discretion of 12 the seller and subject to the exclusions outlined in subdivision two of 13 this section, for at least thirty days following purchase of the goods. 14 (b) Every retail seller shall set forth its refund policy on the 15 receipt or proof of purchase. 16 (c) Every retail seller shall conspicuously post its refund policy on 17 a sign or notice attached to or near the item itself, a display of the 18 item or a description of the item, on a sign affixed to or clearly visi- 19 ble from each cash register or point of sale at which such goods are 20 offered, or on a retail seller's order forms, if any. 21 2. This section does not apply to food, plants, flowers, perishable 22 goods, goods marked "as is," "no returns accepted," "all sales final," 23 or with similar language, goods used or damaged after purchase, custom- 24 ized goods received as ordered, goods not returned with their original 25 package, and goods which cannot be resold due to health considerations. 26 3. Any retail seller who violates any provision of this section shall 27 be liable to the buyer for a cash or credit refund for the total amount 28 of the original purchase, provided the buyer can verify the date of 29 purchase with a receipt or any other purchase verification method 30 utilized by the retail seller. 31 4. This section does not relieve any retail seller subject to the 32 provisions of this section from complying with any law, ordinance, rule 33 or regulation of any locality relating to the posting of refund policies 34 which affords the buyer greater protection than do the provisions of 35 this section. 36 § 5. This act shall take effect on the ninetieth day after it shall 37 have become a law. 38 PART W 39 Section 1. Subdivisions 2 and 3 of section 527 of the general business 40 law, as added by chapter 267 of the laws of 2020, are amended to read as 41 follows: 42 2. ["Automatic renewal offer terms" means the following clear and43conspicuous disclosures:44a. that the subscription or purchasing agreement will continue until45the consumer cancels;46b. the description of the cancellation policy that applies to the47offer;48c. the recurring charges that will be charged to the consumer's credit49or debit card or payment account with a third party as part of the auto-50matic renewal plan or arrangement, and that the amount of the charge may51change, if that is the case, and the amount to which the charge will52change, if known;53d. the length of the automatic renewal term or that the service is54continuous, unless the length of the term is chosen by the consumer; andS. 3008 67 A. 3008 1e. the minimum purchase obligation, if any] "Knowing" means that a 2 person, with respect to information: 3 a. has actual knowledge of the information; 4 b. acts in deliberate ignorance of the truth or falsity of the infor- 5 mation; or 6 c. acts in reckless disregard of the truth or falsity of the informa- 7 tion. 8 3. "Clear and conspicuous" means [in larger type than the surrounding9text, or in contrasting type, font, or color to the surrounding text of10the same size, or set off from the surrounding text of the same size by11symbols or other marks, in a manner that clearly calls attention to the12language. In the case of an audio disclosure, "clear and conspicuous"13means in a volume and cadence sufficient to be readily audible and14understandable] that a required disclosure is easily noticeable (i.e., 15 difficult to miss) and easily understandable by ordinary consumers, 16 including in all of the following ways: 17 a. In any communication that is solely visual or solely audible, the 18 disclosure must be made through the same means through which the commu- 19 nication is presented. In any communication made through both visual and 20 audible means, such as a television advertisement, the disclosure must 21 be presented simultaneously in both the visual and audible portions of 22 the communication even if the representation requiring the disclosure is 23 made in only one means; 24 b. A visual disclosure, by its size, contrast, location, the length of 25 time it appears, and other characteristics, must stand out from any 26 accompanying text or other visual elements so that it is easily noticed, 27 read, and understood; 28 c. An audible disclosure, including by telephone or streaming video, 29 must be delivered in a volume, speed, and cadence sufficient for ordi- 30 nary consumers to easily hear and understand it; 31 d. In any communication using the internet, mobile application, or 32 software, the disclosure must be unavoidable; 33 e. The disclosure must use diction and syntax understandable to ordi- 34 nary consumers and must appear in each language in which the represen- 35 tation that requires the disclosure appears; 36 f. The disclosure must comply with these requirements in each medium 37 through which it is received, including all electronic devices and face- 38 to-face communications; 39 g. The disclosure must not be contradicted or mitigated by, or incon- 40 sistent with, anything else in the communication; and 41 h. When the representation or sales practice targets a specific audi- 42 ence, such as children, older adults, or the terminally ill, "ordinary 43 consumers" includes members of that group. 44 § 2. Section 527-a of the general business law, as added by chapter 45 267 of the laws of 2020, subdivisions 3 and 8 as amended by chapter 728 46 of the laws of 2023, is amended to read as follows: 47 § 527-a. Unlawful practices. 1. It shall be unlawful for any business 48 making an automatic renewal or continuous service offer to a consumer in 49 this state to [do any of the following]: 50 a. fail to present to the consumer, in a clear and conspicuous manner, 51 the material terms of any automatic renewal offer [terms] or continuous 52 service offer [terms in a clear and conspicuous manner], including but 53 not limited to the amount of the costs that will be charged, the 54 frequency of charges, and the deadline by date or frequency by which the 55 consumer must act to prevent or stop further charges, before consent to 56 the [subscription or purchasing agreement is fulfilled] offer or billingS. 3008 68 A. 3008 1 information has been requested and in visual proximity, or in the case 2 of an offer conveyed by voice, in temporal proximity, to the request for 3 consent to the offer. If the offer [also includes a free gift or trial] 4 price is temporary, the offer shall include a clear and conspicuous 5 explanation of how and when the price will change and the price or pric- 6 es that will subsequently be charged [after the trial ends or the manner7in which the subscription or purchasing agreement pricing will change8upon conclusion of the trial] to the consumer; 9 b. charge the consumer's credit or debit card or the consumer's 10 account with a third party for an automatic renewal or continuous 11 service, or for any previously undisclosed increased price relating to 12 an automatic renewal or continuous service offer to which the consumer 13 previously consented, without first obtaining the consumer's express 14 affirmative consent to [the agreement containing] the automatic renewal 15 offer terms or continuous service offer terms, including the terms of an 16 automatic renewal offer or continuous service offer that is made at a 17 promotional or discounted price for a limited period of time; [or] 18 c. fail to provide an acknowledgment [that includes the automatic19renewal or continuous service offer terms, cancellation policy, and20information regarding how to cancel] of the terms of the automatic 21 renewal, continuous service offer, or increased price at or immediately 22 following acceptance in a manner [that is] capable of being retained by 23 the consumer[. If the offer includes a free gift or trial, the business24shall also disclose in the acknowledgment how to cancel and allow the25consumer to cancel before the consumer pays for the goods or services.] 26 that includes: 27 (i) a clear and conspicuous disclosure to the consumer of the mech- 28 anism by which the automatic renewal or continuous service offer may be 29 cancelled, provided that any cancellation mechanism must be at least as 30 easy to access and use as the mechanism by which the consumer provided 31 consent; and 32 (ii) contact information for the business, including a toll-free tele- 33 phone number, email address, and web address, if a website is main- 34 tained; 35 d. fail to provide the consumer with the option to cancel at any time 36 through the same medium by which the consumer accepted the automatic 37 renewal, continuous service offer, or any price increase, which may 38 include but not be limited to: 39 (i) a direct connection to a live or automated process for cancelling 40 the service through the toll-free number provided to the consumer; 41 (ii) an option to cancel through a business email address provided to 42 the consumer; and 43 (iii) a "cancel" button or link clearly and conspicuously displayed on 44 the header of the business website; 45 e. impose unreasonable or unlawful conditions upon, refuse to acknowl- 46 edge, or delay cancellation requested by a consumer; 47 [2. A business that makes an automatic renewal offer or continuous48service offer shall provide a toll-free telephone number, electronic49mail address, a postal address only when the seller directly bills the50consumer, or another cost-effective, timely, and easy-to-use mechanism51for cancellation that shall be described in the acknowledgment specified52in paragraph c of subdivision one of this section.533. a. In addition to the requirements of subdivision two of this54section, a consumer who accepts an automatic renewal or continuous55service offer online shall be allowed to terminate the automatic renewal56or continuous service exclusively online, which may include a termi-S. 3008 69 A. 3008 1nation email formatted and provided by the business that a consumer can2send to the business without additional information.3b. A business that allows a consumer to accept an automatic renewal or4continuous service offer for an initial paid term of one year or longer,5provided that such automatic renewal or continuous service renews for a6paid term of six months or longer, shall] f. fail to notify [such] a 7 consumer of [such upcoming] an automatic renewal or continuous service 8 charge [to such consumer's account] for an automatic renewal or contin- 9 uous service offer with an initial paid term of one year or longer at 10 least fifteen days before, but not more than forty-five days before, the 11 [cancellation deadline for such] date of the automatic renewal[. Such12notice shall include instructions on how to cancel such renewal charge.13c. The provisions of paragraph b of this subdivision shall not apply14to any business, or subsidiary or affiliate thereof, regulated by the15public service commission or the federal communications commission.164. In the case of a material change in the terms of the automatic17renewal or continuous service offer that has been accepted by a consumer18in this state, the business shall] in the manner selected by the consum- 19 er, including text, email, app notification or any other notification 20 channel offered by the business; or 21 g. fail to provide [the] a consumer who has accepted an automatic 22 renewal or continuous service offer with a clear and conspicuous notice 23 of [the] any material change [and provide information regarding how to24cancel in a manner that is capable of being retained by the consumer.255. The requirements of this article shall apply only prior to the26completion of the initial order for the automatic renewal or continuous27service, except as follows:28a. The requirement in paragraph c of subdivision one of this section29may be fulfilled after completion of the initial order.30b. The requirement in subdivision four of this section shall be31fulfilled prior to implementation of the material change.326.] to the terms of the automatic renewal or continuous service offer, 33 including any previously undisclosed price increases, at least five 34 business days prior to the date of the change, in the same manner as 35 required by paragraph f of this subdivision. 36 2. In any case in which a business sends any goods, wares, merchan- 37 dise, or products to a consumer, under a continuous service agreement or 38 automatic renewal of a purchase, without first obtaining the consumer's 39 affirmative consent, the goods, wares, merchandise, or products shall 40 for all purposes be deemed an unconditional gift to the consumer, who 41 may use or dispose of the same in any manner [he or she] such consumer 42 sees fit without any obligation whatsoever on the consumer's part to the 43 business, including, but not limited to, bearing the cost of, or respon- 44 sibility for, shipping any goods, wares, merchandise, or products to the 45 business. 46 [7.] 3. Whenever there shall be a violation of this section, an appli- 47 cation may be made by the attorney general in the name of the people of 48 the state of New York to a court or justice having jurisdiction to issue 49 an injunction, and upon notice to the defendant of not less than five 50 days, to enjoin and restrain the continuance of such violations; and if 51 it shall appear to the satisfaction of the court or justice that the 52 defendant has in fact, violated this section, an injunction may be 53 issued by such court or justice, enjoining and restraining any further 54 violation, without requiring proof that any person has, in fact, been 55 injured or damaged thereby. In any such proceeding the court may make 56 allowances to the attorney general as provided in section eighty-threeS. 3008 70 A. 3008 1 hundred three of the civil practice law and rules, and direct restitu- 2 tion. In connection with any such proposed application, the attorney 3 general is authorized to take proof and make a determination of the 4 relevant facts and to issue subpoenas in accordance with the civil prac- 5 tice law and rules. Whenever the court shall determine that a violation 6 of this section has occurred, the court may impose a civil penalty of 7 not more than one hundred dollars for a single violation and not more 8 than five hundred dollars for multiple violations resulting from a 9 single act or incident. A knowing violation of this section shall be 10 punishable by a civil penalty of not more than five hundred dollars for 11 a single violation and not more than one thousand dollars for multiple 12 violations resulting from a single act or incident. No business shall be 13 deemed to have violated the provisions of this section if such business 14 shows, by a preponderance of the evidence, that the violation was not 15 intentional and resulted from a bona fide error made notwithstanding the 16 maintenance of procedures reasonably adopted to avoid such error. 17 [8.] 4. The following are exempt from the requirements of this arti- 18 cle: 19 a. any service provided by a business or its affiliate where either 20 the business or its affiliate is doing business pursuant to a franchise 21 issued by a political subdivision of the state; 22 b. any entity, or subsidiary or affiliate thereof, regulated by the 23 department of financial services; 24 c. security system alarm operators; 25 d. banks, bank holding companies, or the subsidiary or affiliate of 26 either, or credit unions or other financial institutions, licensed under 27 state or federal law; [and] 28 e. sellers and administrators of a service contract, as defined pursu- 29 ant to section seven thousand nine hundred two of the insurance law[.]; 30 and 31 f. any business, or subsidiary or affiliate thereof, regulated by the 32 public service commission, the federal communications commission, or any 33 other preemptive federal law or regulation. 34 § 3. This act shall take effect on the sixtieth day after it shall 35 have become a law. 36 PART X 37 Section 1. Section 349-a of the general business law is renumbered 38 349-h and a new section 349-a is added to read as follows: 39 § 349-a. Pricing. 1. As used in this section, the following terms 40 shall have the following meanings: 41 (a) "Algorithm" means a computational process that uses a set of rules 42 to define a sequence of operations. 43 (b) "Clear and conspicuous disclosure" means disclosure in the same 44 medium as, and provided on, at, or near and contemporaneous with every 45 advertisement, display, image, offer or announcement of a price for 46 which notice is required, using lettering and wording that is easily 47 visible and understandable to the average consumer. 48 (c) "Consumer" means a natural person who is seeking or solicited to 49 purchase, lease or receive a good or service for personal, family or 50 household use. 51 (d) "Consumer data" means any data that identifies or could reasonably 52 be linked, directly or indirectly, with a specific natural person or 53 device, excluding location data.S. 3008 71 A. 3008 1 (e) "Dynamic pricing" means pricing that fluctuates dependent on 2 conditions. 3 (f) "Personalized algorithmic pricing" means dynamic pricing derived 4 from or set by an algorithm that uses consumer data as defined in this 5 section, which may vary among individual consumers or consumer popu- 6 lations. 7 (g) "Person" means any natural person, firm, organization, partner- 8 ship, association, corporation, or any other entity domiciled or doing 9 business in New York state. 10 2. It shall constitute a deceptive act or practice in violation of 11 section three hundred forty-nine of this article for any person to know- 12 ingly advertise, promote, label or publish a statement, display, image, 13 offer or announcement of personalized algorithmic pricing using consumer 14 data specific to a particular individual without a clear and conspicuous 15 disclosure that states: 16 "THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA". 17 § 2. Subdivision 3 of section 396 of the general business law is 18 renumbered subdivision 4 and a new subdivision 3 is added to read as 19 follows: 20 3. a. For purposes of this subdivision, "protected class data" means 21 information about an individual person or groups of people that direct- 22 ly, in combination, or by implication identifies a characteristic that 23 is legally protected from discrimination under the laws of this state or 24 under federal law, including but not limited to ethnicity, national 25 origin, age, disability, sex, sexual orientation, gender identity and 26 expression, pregnancy outcomes and reproductive health care. 27 b. No person, firm, partnership, association or corporation, or agent 28 or employee thereof, shall use protected class data in setting a price 29 for, offering, marketing, or selling any good or service if (1) the use 30 of that data has the effect of withholding or denying any of the accom- 31 modations, advantages, and privileges accorded to others, or (2) the 32 price for such good or service is different from the price offered to 33 other individuals or groups based in whole or in part on the use of 34 protected class data. 35 § 3. Paragraph d of subdivision 4 of section 396 of the general busi- 36 ness law, as added by chapter 689 of the laws of 2022 and as renumbered 37 by section two of this act, is amended to read as follows: 38 d. In addition to any other remedies provided in this section, any 39 person aggrieved by a violation of subdivision three of this section may 40 file an action in accordance with section two hundred ninety-seven of 41 the executive law. Nothing in this section shall in any way limit rights 42 or remedies which are otherwise available under law to the attorney 43 general or any other person authorized to bring an action under this 44 section. 45 § 4. This act shall take effect on the sixtieth day after it shall 46 have become a law. 47 PART Y 48 Section 1. The banking law is amended by adding a new article 14-B to 49 read as follows: 50 ARTICLE 14-B 51 BUY-NOW-PAY-LATER LENDERS 52 Section 735. Short title. 53 736. Definitions. 54 737. License.S. 3008 72 A. 3008 1 738. Conditions precedent to issuing a license; procedure where 2 application is denied. 3 739. License provisions and posting. 4 740. Application for acquisition of control of buy-now-pay-later 5 lender by purchase of stock. 6 741. Grounds for revocation or suspension of license; procedure. 7 742. Superintendent authorized to examine. 8 743. Licensee's books and records; reports. 9 744. Acts prohibited. 10 745. Interest and other charges. 11 746. Consumer protections. 12 747. Authority of superintendent. 13 748. Penalties. 14 749. Severability. 15 § 735. Short title. This article shall be known and may be cited as 16 the "buy-now-pay-later act". 17 § 736. Definitions. As used in this article, the following terms shall 18 have the following meanings: 19 1. "Consumer" means an individual who is a resident of the state of 20 New York. 21 2. "Buy-now-pay-later loan" means closed-end credit provided to a 22 consumer in connection with such consumer's particular purchase of goods 23 and/or services, other than a motor vehicle as defined under section one 24 hundred twenty-five of the vehicle and traffic law. A "buy-now-pay-later 25 loan" does not include credit where the creditor is the seller of such 26 goods and/or services, unless it is credit pursuant to an agreement 27 whereby, at a consumer's request, the creditor purchases a specific good 28 and/or service from a seller and resells such specific good and/or 29 service to such consumer on closed-end credit. 30 3. "Buy-now-pay-later lender" means a person who offers buy-now-pay- 31 later loans in this state. For purposes of the preceding sentence, 32 "offer" means offering to make a buy-now-pay-later loan by extending 33 credit directly to a consumer or operating a platform, software or 34 system with which a consumer interacts and the primary purpose of which 35 is to allow third parties to offer buy-now-pay-later loans, or both. A 36 person shall not be considered a buy-now-pay-later lender on the basis 37 of isolated, incidental or occasional transactions which otherwise meet 38 the definitions of this section. 39 4. "Exempt organization" means any banking organization or foreign 40 banking corporation licensed by the superintendent or the comptroller of 41 the currency to transact business in this state or originating buy-now- 42 pay-later loans from a branch in this state subject to article five-C of 43 this chapter, licensed lender licensed by the superintendent under arti- 44 cle nine of this chapter, national bank, federal savings bank, federal 45 savings and loan association, federal credit union, or state depository 46 institution or state credit union as defined in 12 U.S.C. §§ 1813(c)(5) 47 and 1752(6) respectively. 48 5. "Licensee" means a person who has been issued a license under this 49 article. 50 6. "Person" means an individual, partnership, corporation, association 51 or any other business organization. 52 § 737. License. 1. No person or other entity, except an exempt organ- 53 ization as defined in this article, shall act as a buy-now-pay-later 54 lender without first obtaining a license from the superintendent under 55 this article.S. 3008 73 A. 3008 1 2. An application for a license shall be in writing, under oath, and 2 in the form and containing such information as the superintendent may 3 require. 4 3. At the time of filing an application for a license, the applicant 5 shall pay to the superintendent a fee as prescribed pursuant to section 6 eighteen-a of this chapter. 7 4. A license granted under this article shall be valid unless revoked 8 or suspended by the superintendent or unless surrendered by the licensee 9 and accepted by the superintendent. 10 5. In connection with an application for a license, the applicant 11 shall submit an affidavit of financial solvency, including financial 12 statements, noting such capitalization requirements and access to such 13 credit or such other affirmation or information as may be prescribed by 14 the regulations of the superintendent. 15 § 738. Conditions precedent to issuing a license; procedure where 16 application is denied. 1. After the filing of an application for a 17 license accompanied by payment of the fee pursuant to subdivision three 18 of section seven hundred thirty-seven of this article, it shall be 19 substantively reviewed. After the application is deemed sufficient and 20 complete, if the superintendent finds that the financial responsibility, 21 including meeting any capital requirements as established pursuant to 22 subdivision three of this section, experience, character and general 23 fitness of the applicant or any person associated with the applicant are 24 such as to command the confidence of the community and to warrant the 25 belief that the business will be conducted honestly, fairly and effi- 26 ciently within the purposes and intent of this article, the superinten- 27 dent shall issue the license. For the purpose of this subdivision, the 28 applicant shall be deemed to include all the members of the applicant if 29 it is a partnership or unincorporated association or organization, and 30 all the stockholders, officers and directors of the applicant if it is a 31 corporation. 32 2. If the superintendent refuses to issue a license, the superinten- 33 dent shall notify the applicant of the denial and retain the fee paid 34 pursuant to subdivision three of section seven hundred thirty-seven of 35 this article. 36 3. The superintendent may promulgate rules and regulations setting 37 capital requirements to ensure the solvency and financial integrity of 38 licensees and their ongoing operations, taking into account the risks, 39 volume of business, complexity, and other relevant factors regarding 40 such licensees. Further, the superintendent may promulgate rules and 41 regulations prescribing a methodology to calculate capital requirements 42 with respect to licensees or categories thereof. 43 § 739. License provisions and posting. 1. A license issued under this 44 article shall state the name and address of the licensee, and if the 45 licensee be a co-partnership or association, the names of the members 46 thereof, and if a corporation the date and place of its incorporation. 47 2. Such license shall be kept conspicuously posted on the mobile 48 application, website, or other consumer interface of the licensee, as 49 well as listed in the terms and conditions of any buy-now-pay-later loan 50 offered or entered into by the licensee. The superintendent may provide 51 by regulation an alternative form of notice of licensure. 52 3. A license issued under this article shall not be transferable or 53 assignable. 54 § 740. Application for acquisition of control of buy-now-pay-later 55 lender by purchase of stock. 1. It shall be unlawful except with the 56 prior approval of the superintendent for any action to be taken whichS. 3008 74 A. 3008 1 results in a change of control of the business of a licensee. Prior to 2 any change of control, the person desirous of acquiring control of the 3 business of a licensee shall make written application to the superinten- 4 dent and pay an investigation fee as prescribed pursuant to section 5 eighteen-a of this chapter to the superintendent. The application shall 6 contain such information as the superintendent, by regulation, may 7 prescribe as necessary or appropriate for the purpose of making the 8 determination required by subdivision two of this section. 9 2. The superintendent shall approve or disapprove the proposed change 10 of control of a licensee in accordance with the provisions of section 11 seven hundred thirty-eight of this article. 12 3. For a period of six months from the date of qualification thereof 13 and for such additional period of time as the superintendent may 14 prescribe, in writing, the provisions of subdivisions one and two of 15 this section shall not apply to a transfer of control by operation of 16 law to the legal representative, as hereinafter defined, of one who has 17 control of a licensee. Thereafter, such legal representative shall 18 comply with the provisions of subdivisions one and two of this section. 19 The provisions of subdivisions one and two of this section shall be 20 applicable to an application made under such section by a legal repre- 21 sentative. 22 4. The term "legal representative," for the purposes of this section, 23 shall mean one duly appointed by a court of competent jurisdiction to 24 act as executor, administrator, trustee, committee, conservator or 25 receiver, including one who succeeds a legal representative and one 26 acting in an ancillary capacity thereto in accordance with the 27 provisions of such court appointment. 28 5. As used in this section, the term "control" means the possession, 29 directly or indirectly, of the power to direct or cause the direction of 30 the management and policies of a licensee, whether through the ownership 31 of voting stock of such licensee, the ownership of voting stock of any 32 person which possesses such power or otherwise. Control shall be 33 presumed to exist if any person, directly or indirectly, owns, controls 34 or holds with power to vote ten per centum or more of the voting stock 35 of any licensee or of any person which owns, controls or holds with 36 power to vote ten per centum or more of the voting stock of any licen- 37 see, but no person shall be deemed to control a licensee solely by 38 reason of being an officer or director of such licensee or person. The 39 superintendent may in the superintendent's discretion, upon the applica- 40 tion of a licensee or any person who, directly or indirectly, owns, 41 controls or holds with power to vote or seeks to own, control or hold 42 with power to vote any voting stock of such licensee, determine whether 43 or not the ownership, control or holding of such voting stock consti- 44 tutes or would constitute control of such licensee for purposes of this 45 section. 46 § 741. Grounds for revocation or suspension of license; procedure. 1. 47 A license granted under this article may be revoked or suspended by the 48 superintendent upon a finding that: 49 (a) the licensee has violated any applicable law or regulation; 50 (b) any fact or condition exists which, if it had existed at the time 51 of the original application for such license, clearly would have 52 warranted the superintendent's refusal to issue such license; or 53 (c) the licensee has failed to pay any sum of money lawfully demanded 54 by the superintendent or to comply with any demand, ruling or require- 55 ment of the superintendent.S. 3008 75 A. 3008 1 2. Any licensee may surrender any license by delivering to the super- 2 intendent written notice that the licensee thereby surrenders such 3 license. Such surrender shall be effective upon its acceptance by the 4 superintendent, and shall not affect such licensee's civil or criminal 5 liability for acts committed prior to such surrender. 6 3. Every license issued under this article shall remain in force and 7 effect until the same shall have been surrendered, revoked or suspended, 8 in accordance with the provisions of this article, but the superinten- 9 dent shall have authority to reinstate suspended licenses or to issue a 10 new license to a licensee whose license has been revoked if no fact or 11 condition then exists which clearly would have warranted the superinten- 12 dent's refusal to issue such license. 13 4. Whenever the superintendent shall revoke or suspend a license 14 issued under this article, the superintendent shall forthwith execute a 15 written order to that effect, which order may be reviewed in the manner 16 provided by article seventy-eight of the civil practice law and rules. 17 Such special proceeding for review as authorized by this section must be 18 commenced within thirty days from the date of such order of suspension 19 or revocation. 20 5. The superintendent may, for good cause, without notice and a hear- 21 ing, suspend any license issued under this article for a period not 22 exceeding thirty days, pending investigation. "Good cause," as used in 23 this subdivision, shall exist only when the licensee has engaged in or 24 is likely to engage in a practice prohibited by this article or the 25 rules and regulations promulgated thereunder or engages in dishonest or 26 inequitable practices which may cause substantial harm to the public. 27 6. No revocation, suspension or surrender of any license shall impair 28 or affect any pre-existing lawful contracts between the licensee and any 29 borrower. 30 § 742. Superintendent authorized to examine. 1. The superintendent 31 shall have the power to make such investigations as the superintendent 32 shall deem necessary to determine whether any buy-now-pay-later lender 33 or any other person has violated any of the provisions of this article 34 or any other applicable law, or whether any licensee has conducted 35 itself in such manner as would justify the revocation of its license, 36 and to the extent necessary therefor, the superintendent may require the 37 attendance of and examine any person under oath, and shall have the 38 power to compel the production of all relevant books, records, accounts, 39 and documents. 40 2. The superintendent shall have the power to make such examinations 41 of the books, records, accounts and documents used in the business of 42 any licensee as the superintendent shall deem necessary to determine 43 whether any such licensee has violated any of the provisions of this 44 chapter or any other applicable law or to secure information lawfully 45 required by the superintendent. 46 § 743. Licensee's books and records; reports. 1. A buy-now-pay-later 47 lender shall keep and use in its business such books, accounts and 48 records as will enable the superintendent to determine whether such 49 buy-now-pay-later lender is complying with the provisions of this arti- 50 cle and with the rules and regulations promulgated by the superintendent 51 thereunder. Every buy-now-pay-later lender shall preserve such books, 52 accounts and records for at least six years after making the final entry 53 in respect to any buy-now-pay-later loan recorded therein; provided, 54 however, the preservation of photographic or digital reproductions ther- 55 eof or records in photographic or digital form shall constitute compli- 56 ance with this requirement.S. 3008 76 A. 3008 1 2. By a date to be set by the superintendent, each licensee shall 2 annually file a report with the superintendent giving such information 3 as the superintendent may require concerning the licensee's business and 4 operations during the preceding calendar year within the state under the 5 authority of this article. Such report shall be subscribed and affirmed 6 as true by the licensee under the penalties of perjury and be in the 7 form prescribed by the superintendent. In addition to such annual 8 reports, the superintendent may require of licensees such additional 9 regular or special reports as the superintendent may deem necessary to 10 the proper supervision of licensees under this article. Such additional 11 reports shall be in the form prescribed by the superintendent and shall 12 be subscribed and affirmed as true under the penalties of perjury. 13 § 744. Acts prohibited. 1. No buy-now-pay-later lender shall take or 14 cause to be taken any confession of judgment or any power of attorney to 15 confess judgment or to appear for the consumer in a judicial proceeding. 16 2. No buy-now-pay-later lender shall: 17 (a) employ any scheme, device, or artifice to defraud or mislead a 18 borrower; 19 (b) engage in any unfair, deceptive or abusive act or practice toward 20 any person or misrepresent or omit any material information in 21 connection with the buy-now-pay-later loans, including, but not limited 22 to, misrepresenting the amount, nature or terms of any fee or payment 23 due or claimed to be due on the loan, the terms and conditions of the 24 loan agreement or the borrower's obligations under the loan; 25 (c) misapply payments to the outstanding balance of any buy-now-pay- 26 later loan or to any related fees; 27 (d) provide inaccurate information to a consumer reporting agency; or 28 (e) make any false statement or make any omission of a material fact 29 in connection with any information or reports filed with a governmental 30 agency or in connection with any investigation conducted by the super- 31 intendent or another governmental agency. 32 § 745. Interest and other charges. 1. Subject to applicable federal 33 law, no buy-now-pay-later lender shall charge, contract for, or other- 34 wise receive from a consumer any interest, discount, or other consider- 35 ation in connection with a buy-now-pay-later loan, whether directly or 36 indirectly, greater than the rate permitted by section 5-501 of the 37 general obligations law. 38 2. The superintendent may establish a standard amount or percentage 39 for total maximum charge or fee in connection with late payment, default 40 or any other violation of the buy-now-pay-later loan agreement that a 41 buy-now-pay-later lender can charge a consumer. Such fee or charge shall 42 not be collected more than once for a single such late payment, default, 43 or other violation of the buy-now-pay-later loan agreement. 44 3. The superintendent may promulgate rules and regulations regarding 45 the manner of charging interest and fees described in this section. 46 § 746. Consumer protections. 1. A buy-now-pay-later lender shall 47 disclose or cause to be disclosed to consumers the terms of buy-now-pay- 48 later loans, including the cost, such as interest and fees, repayment 49 schedule, whether the transaction will or will not be reported to a 50 credit reporting agency, and other material conditions, in a clear and 51 conspicuous manner. Disclosures shall comply with applicable federal 52 regulations, including but not limited to regulation Z of title I of the 53 Consumer Credit Protection Act. 54 2. Subject to regulations to be promulgated by the superintendent, a 55 buy-now-pay-later lender shall, before providing or causing to be 56 provided a buy-now-pay-later loan to a consumer, make, or cause to beS. 3008 77 A. 3008 1 made, a reasonable determination that such consumer has the ability to 2 repay the buy-now-pay-later loan. No licensee shall collect, evaluate, 3 report, or maintain in the file on a borrower the credit worthiness, 4 credit standing, or credit capacity of members of the borrower's social 5 network for purposes of determining the credit worthiness of the borrow- 6 er; the average credit worthiness, credit standing, or credit capacity 7 of members of the borrower's social network; or any group score that is 8 not the borrower's own credit worthiness, credit standing, or credit 9 capacity. 10 3. A buy-now-pay-later lender shall maintain or cause to be maintained 11 policies and procedures for maintaining accurate data that may be 12 reported to credit reporting agencies. The superintendent may promulgate 13 rules and regulations requiring that buy-now-pay-later lenders report or 14 cause to be reported data on buy-now-pay-later loans to credit reporting 15 agencies, requiring that such reporting occur in a particular manner, or 16 prohibiting such reporting. 17 4. A buy-now-pay-later lender shall provide or cause to be provided 18 refunds or credits for goods or services purchased in connection with a 19 buy-now-pay-later loan, upon consumer request, in a manner that is fair, 20 transparent, and not unduly burdensome to consumers. A buy-now-pay-later 21 lender shall maintain or cause to be maintained policies and procedures 22 to provide such refunds or credits. Such policies and procedures shall 23 be fair, transparent, and not unduly burdensome to the consumer. A buy- 24 now-pay-later lender shall disclose or cause to be disclosed to consum- 25 ers, in a clear and conspicuous manner, the process by which they can 26 obtain refunds or credits for goods or services they have purchased in 27 connection with a buy-now-pay-later loan. 28 5. A buy-now-pay-later lender shall resolve or cause to be resolved 29 disputes in a manner that is fair and transparent to consumers. A buy- 30 now-pay-later lender shall create or cause to be created a readily 31 available and prominently disclosed method for consumers to bring a 32 dispute to the buy-now-pay-later lender. A buy-now-pay-later lender 33 shall maintain policies and procedures for handling consumer disputes. 34 The superintendent may promulgate rules and regulations regarding treat- 35 ment of unauthorized use, so that consumers are liable for use of buy- 36 now-pay-later loans in their name only under circumstances where such 37 liability would be fair and reasonable. A buy-now-pay-later lender shall 38 apply to buy-now-pay-later loans the dispute rights and unauthorized 39 charges requirements that apply to credit cards under the Truth in Lend- 40 ing Act, 15 U.S.C. § 1643, 1666, 1666a, 1666i, regardless of whether 41 such law applies to buy-now-pay-later loans or whether the buy-now-pay- 42 later lender offers a credit card within the scope of such law. 43 6. A buy-now-pay-later lender may use, sell, or share the data of a 44 consumer, other than in connection with the making of a particular buy- 45 now-pay-later loan to the consumer, only with the consumer's consent. A 46 buy-now-pay-later lender shall disclose or cause to be disclosed to a 47 consumer in a clear and conspicuous manner how such consumer's data may 48 be used, shared, or sold by the buy-now-pay-later lender before obtain- 49 ing such consumer's consent and also shall disclose or cause to be 50 disclosed to such consumer in a clear and conspicuous manner how such 51 consumer may subsequently withdraw consent to such use, sharing, or 52 sale. The superintendent, in their discretion, may by regulation prohib- 53 it certain uses of consumer data. A buy-now-pay-later lender shall main- 54 tain policies and procedures regarding its use, sale, and sharing of 55 consumers' data.S. 3008 78 A. 3008 1 7. Any buy-now-pay-later loan made by a person not licensed under this 2 article, other than an exempt organization, shall be void, and such 3 person shall have no right to collect or receive any principal, interest 4 or charge whatsoever. 5 § 747. Authority of superintendent. 1. The superintendent is author- 6 ized to promulgate such general rules and regulations as may be appro- 7 priate to implement the provisions of this article, protect consumers, 8 and ensure the solvency and financial integrity of buy-now-pay-later 9 lenders. The superintendent is further authorized to make such specific 10 rulings, demands, and findings as may be necessary for the proper 11 conduct of the business authorized and licensed under and for the 12 enforcement of this article, in addition hereto and not inconsistent 13 herewith. 14 2. In addition to such powers as may otherwise be prescribed by law, 15 the superintendent is hereby authorized and empowered to promulgate such 16 rules and regulations as may in the judgment of the superintendent be 17 consistent with the purposes of this article, or appropriate for the 18 effective administration of this article, including, but not limited to: 19 (a) such rules and regulations in connection with the activities of 20 buy-now-pay-later lenders as may be necessary and appropriate for the 21 protection of borrowers in this state; 22 (b) such rules and regulations as may be necessary and appropriate to 23 define unfair, deceptive, or abusive acts or practices in connection 24 with the activities of buy-now-pay-later lenders; 25 (c) such rules and regulations as may define the terms used in this 26 article and as may be necessary and appropriate to interpret and imple- 27 ment the provisions of this article; and 28 (d) such rules and regulations as may be necessary for the enforcement 29 of this article. 30 § 748. Penalties. 1. Any person, including any member, officer, direc- 31 tor or employee of a buy-now-pay-later lender, who violates or partic- 32 ipates in the violation of section seven hundred thirty-seven of this 33 article, or who knowingly makes any incorrect statement of a material 34 fact in any application, report or statement filed pursuant to this 35 article, or who knowingly omits to state any material fact necessary to 36 give the superintendent any information lawfully required by the super- 37 intendent or refuses to permit any lawful investigation or examination, 38 shall be guilty of a misdemeanor and, upon conviction, shall be fined 39 not more than five hundred dollars or imprisoned for not more than six 40 months or both, in the discretion of the court. 41 2. Without limiting any power granted to the superintendent under any 42 other provision of this chapter, the superintendent may, in a proceeding 43 after notice and a hearing require a buy-now-pay-later lender, whether 44 or not a licensee, to pay to the people of this state a penalty for any 45 violation of this chapter, any rule or regulation promulgated there- 46 under, any final or temporary order issued pursuant to section thirty- 47 nine of this chapter, any condition imposed in writing by the super- 48 intendent in connection with the grant of any application or request, or 49 any written agreement entered into with the superintendent, and for 50 knowingly making any incorrect statement of a material fact in any 51 application, report or statement filed pursuant to this article, or 52 knowingly omitting to state any material fact necessary to give the 53 superintendent any information lawfully required by the superintendent 54 or refusing to permit any lawful investigation or examination. As to any 55 buy-now-pay-later lender that is not a licensee or an exempt organiza- 56 tion, the superintendent is authorized to impose a penalty in the sameS. 3008 79 A. 3008 1 amount authorized in section forty-four of this chapter for a violation 2 of this chapter by any person licensed, certified, registered, author- 3 ized, chartered, accredited, incorporated or otherwise approved by the 4 superintendent under this chapter. 5 3. No person except a buy-now-pay-later lender licensed under this 6 article shall make, directly or indirectly, orally or in writing, or by 7 any method, practice or device, a representation that such person is 8 licensed under this article. 9 § 749. Severability. If any provision of this article or the applica- 10 tion thereof to any person or circumstances is held to be invalid, such 11 invalidity shall not affect other provisions or applications of this 12 article which can be given effect without the invalid provision or 13 application, and to this end the provisions of this article are severa- 14 ble. 15 § 2. Subdivision 1 of section 36 of the banking law, as amended by 16 chapter 146 of the laws of 1961, is amended to read as follows: 17 1. The superintendent shall have the power to examine every banking 18 organization, every bank holding company and any non-banking subsidiary 19 thereof (as such terms "bank holding company" and "non-banking subsid- 20 iary" are defined in article three-A of this chapter) and every licensed 21 lender and licensed buy-now-pay-later lender at any time prior to its 22 dissolution whenever in [his] the superintendent's judgment such exam- 23 ination is necessary or advisable. 24 § 3. Subdivision 10 of section 36 of the banking law, as amended by 25 section 2 of part L of chapter 58 of the laws of 2019, is amended to 26 read as follows: 27 10. All reports of examinations and investigations, correspondence and 28 memoranda concerning or arising out of such examination and investi- 29 gations, including any duly authenticated copy or copies thereof in the 30 possession of any banking organization, bank holding company or any 31 subsidiary thereof (as such terms "bank holding company" and "subsid- 32 iary" are defined in article three-A of this chapter), any corporation 33 or any other entity affiliated with a banking organization within the 34 meaning of subdivision six of this section and any non-banking subsid- 35 iary of a corporation or any other entity which is an affiliate of a 36 banking organization within the meaning of subdivision six-a of this 37 section, foreign banking corporation, licensed lender, licensed buy-now- 38 pay-later lender, licensed casher of checks, licensed mortgage banker, 39 registered mortgage broker, licensed mortgage loan originator, licensed 40 sales finance company, registered mortgage loan servicer, licensed 41 student loan servicer, licensed insurance premium finance agency, 42 licensed transmitter of money, licensed budget planner, any other person 43 or entity subject to supervision under this chapter, or the department, 44 shall be confidential communications, shall not be subject to subpoena 45 and shall not be made public unless, in the judgment of the superinten- 46 dent, the ends of justice and the public advantage will be subserved by 47 the publication thereof, in which event the superintendent may publish 48 or authorize the publication of a copy of any such report or any part 49 thereof in such manner as may be deemed proper or unless such laws 50 specifically authorize such disclosure. For the purposes of this subdi- 51 vision, "reports of examinations and investigations, and any correspond- 52 ence and memoranda concerning or arising out of such examinations and 53 investigations", includes any such materials of a bank, insurance or 54 securities regulatory agency or any unit of the federal government or 55 that of this state any other state or that of any foreign government 56 which are considered confidential by such agency or unit and which areS. 3008 80 A. 3008 1 in the possession of the department or which are otherwise confidential 2 materials that have been shared by the department with any such agency 3 or unit and are in the possession of such agency or unit. 4 § 4. Subdivisions 3 and 5 of section 37 of the banking law, as amended 5 by chapter 360 of the laws of 1984, are amended to read as follows: 6 3. In addition to any reports expressly required by this chapter to be 7 made, the superintendent may require any banking organization, licensed 8 lender, licensed buy-now-pay-later lender, licensed casher of checks, 9 licensed mortgage banker, foreign banking corporation licensed by the 10 superintendent to do business in this state, bank holding company and 11 any non-banking subsidiary thereof, corporate affiliate of a corporate 12 banking organization within the meaning of subdivision six of section 13 thirty-six of this article and any non-banking subsidiary of a corpo- 14 ration which is an affiliate of a corporate banking organization within 15 the meaning of subdivision six-a of section thirty-six of this article 16 to make special reports to [him] the superintendent at such times as 17 [he] the superintendent may prescribe. 18 5. The superintendent may extend at [his] the superintendent's 19 discretion the time within which a banking organization, foreign banking 20 corporation licensed by the superintendent to do business in this state, 21 bank holding company or any non-banking subsidiary thereof, licensed 22 casher of checks, licensed mortgage banker, private banker, licensed 23 buy-now-pay-later lender or licensed lender is required to make and file 24 any report to the superintendent. 25 § 5. Section 39 of the banking law, as amended by section 3 of part L 26 of chapter 58 of the laws of 2019, is amended to read as follows: 27 § 39. Orders of superintendent. 1. To appear and explain an apparent 28 violation. Whenever it shall appear to the superintendent that any bank- 29 ing organization, bank holding company, registered mortgage broker, 30 licensed mortgage banker, licensed student loan servicer, registered 31 mortgage loan servicer, licensed mortgage loan originator, licensed 32 lender, licensed buy-now-pay-later lender, licensed casher of checks, 33 licensed sales finance company, licensed insurance premium finance agen- 34 cy, licensed transmitter of money, licensed budget planner, out-of-state 35 state bank that maintains a branch or branches or representative or 36 other offices in this state, or foreign banking corporation licensed by 37 the superintendent to do business or maintain a representative office in 38 this state has violated any law or regulation, [he or she] the super- 39 intendent may, in [his or her] the superintendent's discretion, issue an 40 order describing such apparent violation and requiring such banking 41 organization, bank holding company, registered mortgage broker, licensed 42 mortgage banker, licensed student loan servicer, licensed mortgage loan 43 originator, licensed lender, licensed buy-now-pay-later lender, licensed 44 casher of checks, licensed sales finance company, licensed insurance 45 premium finance agency, licensed transmitter of money, licensed budget 46 planner, out-of-state state bank that maintains a branch or branches or 47 representative or other offices in this state, or foreign banking corpo- 48 ration to appear before [him or her] the superintendent, at a time and 49 place fixed in said order, to present an explanation of such apparent 50 violation. 51 2. To discontinue unauthorized or unsafe and unsound practices. When- 52 ever it shall appear to the superintendent that any banking organiza- 53 tion, bank holding company, registered mortgage broker, licensed mort- 54 gage banker, licensed student loan servicer, registered mortgage loan 55 servicer, licensed mortgage loan originator, licensed lender, licensed 56 buy-now-pay-later lender, licensed casher of checks, licensed salesS. 3008 81 A. 3008 1 finance company, licensed insurance premium finance agency, licensed 2 transmitter of money, licensed budget planner, out-of-state state bank 3 that maintains a branch or branches or representative or other offices 4 in this state, or foreign banking corporation licensed by the super- 5 intendent to do business in this state is conducting business in an 6 unauthorized or unsafe and unsound manner, [he or she] the superinten- 7 dent may, in [his or her] the superintendent's discretion, issue an 8 order directing the discontinuance of such unauthorized or unsafe and 9 unsound practices, and fixing a time and place at which such banking 10 organization, bank holding company, registered mortgage broker, licensed 11 mortgage banker, licensed student loan servicer, registered mortgage 12 loan servicer, licensed mortgage loan originator, licensed lender, 13 licensed buy-now-pay-later lender, licensed casher of checks, licensed 14 sales finance company, licensed insurance premium finance agency, 15 licensed transmitter of money, licensed budget planner, out-of-state 16 state bank that maintains a branch or branches or representative or 17 other offices in this state, or foreign banking corporation may volun- 18 tarily appear before [him or her] the superintendent to present any 19 explanation in defense of the practices directed in said order to be 20 discontinued. 21 3. To make good impairment of capital or to ensure compliance with 22 financial requirements. Whenever it shall appear to the superintendent 23 that the capital or capital stock of any banking organization, bank 24 holding company or any subsidiary thereof which is organized, licensed 25 or registered pursuant to this chapter, is impaired, or the financial 26 requirements imposed by subdivision one of section two hundred two-b of 27 this chapter or any regulation of the superintendent on any branch or 28 agency of a foreign banking corporation or the financial requirements 29 imposed by this chapter or any regulation of the superintendent on any 30 licensed lender, licensed buy-now-pay-later lender, registered mortgage 31 broker, licensed mortgage banker, licensed student loan servicer, 32 licensed casher of checks, licensed sales finance company, licensed 33 insurance premium finance agency, licensed transmitter of money, 34 licensed budget planner or private banker are not satisfied, the super- 35 intendent may, in the superintendent's discretion, issue an order 36 directing that such banking organization, bank holding company, branch 37 or agency of a foreign banking corporation, registered mortgage broker, 38 licensed mortgage banker, licensed student loan servicer, licensed lend- 39 er, licensed buy-now-pay-later lender, licensed casher of checks, 40 licensed sales finance company, licensed insurance premium finance agen- 41 cy, licensed transmitter of money, licensed budget planner, or private 42 banker make good such deficiency forthwith or within a time specified in 43 such order. 44 4. To make good encroachments on reserves. Whenever it shall appear to 45 the superintendent that either the total reserves or reserves on hand of 46 any banking organization, branch or agency of a foreign banking corpo- 47 ration are below the amount required by or pursuant to this chapter or 48 any other applicable provision of law or regulation to be maintained, or 49 that such banking organization, branch or agency of a foreign banking 50 corporation is not keeping its reserves on hand as required by this 51 chapter or any other applicable provision of law or regulation, [he or52she] the superintendent may, in [his or her] the superintendent's 53 discretion, issue an order directing that such banking organization, 54 branch or agency of a foreign banking corporation make good such 55 reserves forthwith or within a time specified in such order, or that it 56 keep its reserves on hand as required by this chapter.S. 3008 82 A. 3008 1 5. To keep books and accounts as prescribed. Whenever it shall appear 2 to the superintendent that any banking organization, bank holding compa- 3 ny, registered mortgage broker, licensed mortgage banker, licensed 4 student loan servicer, registered mortgage loan servicer, licensed mort- 5 gage loan originator, licensed lender, licensed buy-now-pay-later lend- 6 er, licensed casher of checks, licensed sales finance company, licensed 7 insurance premium finance agency, licensed transmitter of money, 8 licensed budget planner, agency or branch of a foreign banking corpo- 9 ration licensed by the superintendent to do business in this state, does 10 not keep its books and accounts in such manner as to enable [him or her] 11 the superintendent to readily ascertain its true condition, [he or she] 12 the superintendent may, in [his or her] the superintendent's discretion, 13 issue an order requiring such banking organization, bank holding compa- 14 ny, registered mortgage broker, licensed mortgage banker, licensed 15 student loan servicer, registered mortgage loan servicer, licensed mort- 16 gage loan originator, licensed lender, licensed buy-now-pay-later lend- 17 er, licensed casher of checks, licensed sales finance company, licensed 18 insurance premium finance agency, licensed transmitter of money, 19 licensed budget planner, or foreign banking corporation, or the officers 20 or agents thereof, or any of them, to open and keep such books or 21 accounts as [he or she] the superintendent may, in [his or her] the 22 superintendent's discretion, determine and prescribe for the purpose of 23 keeping accurate and convenient records of its transactions and 24 accounts. 25 6. As used in this section, "bank holding company" shall have the same 26 meaning as that term is defined in section one hundred forty-one of this 27 chapter. 28 § 6. Subdivision 1 of section 42 of the banking law, as amended by 29 chapter 65 of the laws of 1948, is amended to read as follows: 30 1. The name and the location of the principal office of every proposed 31 corporation, private banker, licensed lender, licensed buy-now-pay-later 32 lender and licensed casher of checks, the organization certificate, 33 private banker's certificate or application for license of which has 34 been filed for examination, and the date of such filing. 35 § 7. Subdivision 2 of section 42 of the banking law, as amended by 36 chapter 553 of the laws of 1960, is amended to read as follows: 37 2. The name and location of every licensed lender, licensed buy-now- 38 pay-later lender and licensed casher of checks, and the name, location, 39 amount of capital stock or permanent capital and amount of surplus of 40 every corporation and private banker and the minimum assets required of 41 every branch of a foreign banking corporation authorized to commence 42 business, and the date of authorization or licensing. 43 § 8. Subdivision 3 of section 42 of the banking law, as amended by 44 chapter 553 of the laws of 1960, is amended to read as follows: 45 3. The name of every proposed corporation, private banker, branch of a 46 foreign banking corporation, licensed lender, licensed buy-now-pay-later 47 lender and licensed casher of checks to which a certificate of authori- 48 zation or a license has been refused and the date of notice of refusal. 49 § 9. Subdivision 4 of section 42 of the banking law, as amended by 50 chapter 60 of the laws of 1957, is amended to read as follows: 51 4. The name and location of every private banker, licensed lender, 52 licensed casher of checks, sales finance company, licensed buy-now-pay- 53 later lender and foreign corporation the authorization certificate or 54 license of which has been revoked, and the date of such revocation. 55 § 10. Subdivision 5 of section 42 of the banking law, as amended by 56 chapter 249 of the laws of 1968, is amended to read as follows:S. 3008 83 A. 3008 1 5. The name of every banking organization, licensed lender, licensed 2 casher of checks, licensed buy-now-pay-later lender and foreign corpo- 3 ration which has applied for leave to change its place or one of its 4 places of business and the places from and to which the change is 5 proposed to be made; the name of every banking organization which has 6 applied to change the designation of its principal office to a branch 7 office and to change the designation of one of its branch offices to its 8 principal office, and the location of the principal office which is 9 proposed to be redesignated as a branch office and of the branch office 10 which is proposed to be redesignated as the principal office. 11 § 11. Subdivision 6 of section 42 of the banking law, as amended by 12 chapter 249 of the laws of 1968, is amended to read as follows: 13 6. The name of every banking organization, licensed lender, licensed 14 casher of checks, licensed buy-now-pay-later lender and foreign corpo- 15 ration authorized to change its place or one of its places of business 16 and the date when and the places from and to which the change is author- 17 ized to be made; the name of every banking organization authorized to 18 change the designation of its principal office to a branch office and to 19 change the designation of a branch office to its principal office, the 20 location of the redesignated principal office and of the redesignated 21 branch office, and the date of such change. 22 § 12. Paragraph (a) of subdivision 1 of section 44 of the banking law, 23 as amended by section 4 of part L of chapter 58 of the laws of 2019, is 24 amended to read as follows: 25 (a) Without limiting any power granted to the superintendent under any 26 other provision of this chapter, the superintendent may, in a proceeding 27 after notice and a hearing, require any safe deposit company, licensed 28 lender, licensed buy-now-pay-later lender, licensed casher of checks, 29 licensed sales finance company, licensed insurance premium finance agen- 30 cy, licensed transmitter of money, licensed mortgage banker, licensed 31 student loan servicer, registered mortgage broker, licensed mortgage 32 loan originator, registered mortgage loan servicer or licensed budget 33 planner to pay to the people of this state a penalty for any violation 34 of this chapter, any regulation promulgated thereunder, any final or 35 temporary order issued pursuant to section thirty-nine of this article, 36 any condition imposed in writing by the superintendent in connection 37 with the grant of any application or request, or any written agreement 38 entered into with the superintendent. 39 § 13. This act shall take effect on the one hundred eightieth day 40 after the department of financial services shall have promulgated rules 41 and/or regulations to effectuate the provisions of this act; provided 42 that the department of financial services shall notify the legislative 43 bill drafting commission upon the occurrence of the promulgation of the 44 rules and regulations necessary to effectuate and enforce the provisions 45 of section two of this act, in order that the commission may maintain an 46 accurate and timely effective data base of the official text of the laws 47 of the state of New York in furtherance of effectuating the provisions 48 of section 44 of the legislative law and section 70-b of the public 49 officers law. Effective immediately, the addition, amendment and/or 50 repeal of any rule or regulation authorized to be made by the super- 51 intendent pursuant to this act is authorized to be made and completed on 52 or before such effective date. 53 PART ZS. 3008 84 A. 3008 1 Section 1. Section 2911 of the insurance law is amended by adding a 2 new subsection (d) to read as follows: 3 (d) (1) Not later than July first of each year, a pharmacy benefit 4 manager required to be licensed under this article shall publish a 5 report on its website which contains, for the immediately preceding 6 calendar year, the following information: 7 (A) the aggregated dollar amount of rebates, fees, price protection 8 payments and any other payments the pharmacy benefit manager received 9 from drug manufacturers through a rebate contract; 10 (B) the portions of the amount in subparagraph (A) of this paragraph 11 which were: 12 (i) passed on to health plans; or 13 (ii) retained by the pharmacy benefit manager; and 14 (C) for each rebate contract in effect during the reporting period: 15 (i) the names of the contracting parties; 16 (ii) the execution date and the term of the contract, including exten- 17 sions; 18 (iii) the name of the drugs and the associated national drug codes 19 covered by the rebate contract, and for each drug: 20 (I) a summary of the contract terms regarding formulary placement, 21 formulary exclusion, or prior authorization requirements or step edits, 22 of any drugs considered to compete with each drug; 23 (II) a summary of all terms requiring or incentivizing volume or 24 market share for each drug, including base rebate amounts, bundled 25 rebates and incremental rebates, stated separately, and price conces- 26 sion, stated separately for each drug; and 27 (III) the total number of prescriptions filled and units dispensed for 28 which a rebate, discount, price concession or other consideration was 29 received by the pharmacy benefit manager for each drug; 30 (iv) the rebate percentage and dollar amount retained by the pharmacy 31 benefit manager for every rebate, discount, price concession or other 32 consideration under each rebate contract; and 33 (v) the dollar amount of any other compensation paid by a drug 34 manufacturer to a pharmacy benefit manager for services including 35 distribution management services, data or data services, marketing or 36 promotional services, research programs, or other ancillary services, 37 under each rebate contract. 38 (D) For the purposes of this subsection, the term "rebate contract" 39 means any agreement entered into by a pharmacy benefit manager with any 40 drug manufacturer or agent or affiliate of a drug manufacturer that 41 determines any rebate, discount, administrative or other fee, price 42 concession, or other consideration related to the dispensing of 43 prescription drugs for a health plan. 44 (E) A copy of the report required by this subsection shall be filed 45 with the superintendent and with the department of health no later than 46 July first each year. 47 § 2. Severability. If any provision of this act, or any application of 48 any provision of this act, is held to be invalid, that shall not affect 49 the validity or effectiveness of any other provision of this act, or of 50 any other application of any provision of this act. 51 § 3. This act shall take effect on the one hundred eightieth day after 52 it shall have become a law. 53 PART AAS. 3008 85 A. 3008 1 Section 1. The general business law is amended by adding a new section 2 352-m to read as follows: 3 § 352-m. Protecting eligible adults from exploitation. 1. Definitions. 4 As used in this section the following terms shall have the following 5 meanings: 6 (a) "Adult protective services" means the division of the New York 7 city human resources administration and each county agency responsible 8 for providing adult protective services pursuant to section four hundred 9 seventy-three of the social services law. 10 (b) "Eligible adult" means an individual who is: sixty years of age or 11 older; or at least the age of eighteen and who, because of mental or 12 physical impairment, is unable to manage their own resources or protect 13 themselves from financial exploitation without assistance from others. 14 (c) "Financial exploitation" means: (i) the improper use of an eligi- 15 ble adult's funds, property, income or assets; or (ii) any act or omis- 16 sion by a person, including through the use of a power of attorney, 17 guardianship or any other authority regarding an eligible adult to: (A) 18 obtain control, through deception, intimidation, threats or undue influ- 19 ence over the eligible adult's money, assets, income or property; or 20 (B) convert the eligible adult's money, assets, income or property. 21 (d) "Law enforcement agency" means any agency, which is empowered by 22 law to make an arrest for a felony, and any agency which is authorized 23 by law to prosecute a felony and including any police officer as defined 24 by subdivision thirty-four of section 1.20 of the criminal procedure law 25 and any prosecutor. 26 (e) "Qualified individual" means any agent, investment adviser repre- 27 sentative or person who serves in a supervisory, compliance, legal, or 28 senior or vulnerable adult protection capacity for a broker-dealer or 29 investment adviser. 30 2. Notification. If a broker-dealer, investment adviser, or qualified 31 individual reasonably believes financial exploitation of an eligible 32 adult has occurred, has been attempted, or is being attempted, such 33 broker-dealer, investment adviser, or qualified individual may promptly 34 notify the adult protective services and/or law enforcement. 35 3. Application of transaction hold. (a) If a broker-dealer, invest- 36 ment adviser, or qualified individual reasonably believes that financial 37 exploitation of an eligible adult may have occurred, may have been 38 attempted, or is being attempted, then such broker-dealer, investment 39 adviser, or qualified individual may place a transaction hold on such 40 transaction. 41 (b) A broker-dealer, investment adviser, or qualified individual shall 42 hold a transaction if adult protective services or a law enforcement 43 agency notifies such broker-dealer, investment adviser, or qualified 44 individual that it reasonably believes that the transaction is the 45 subject of or related to financial exploitation of an eligible adult. 46 (c) A broker-dealer, investment adviser, or qualified individual that 47 applies a transaction hold shall: (i) provide notice of such hold, in 48 writing, to all parties authorized to transact business on the account 49 that is the subject of a transaction hold, as well as any designated 50 third party, no later than two business day after the application of the 51 transaction hold; (ii) if the transaction hold has been applied pursuant 52 to paragraph (a) of this subdivision, no later than two business days 53 after application of the transaction hold, notify adult protective 54 services and/or a law enforcement agency of the belief of financial 55 exploitation and the transaction hold; and (iii) at the request of adult 56 protective services or a law enforcement agency, provide any informationS. 3008 86 A. 3008 1 and documents relating to the transaction hold within three business 2 days after the request for such information or documents. 3 4. Duration of transaction hold. A transaction hold shall expire 4 fifteen business days after its application except that (i) a trans- 5 action hold may be extended for up to forty additional business days if 6 there is a continued reasonable belief of exploitation, unless sooner 7 terminated or further extended by adult protective services, law 8 enforcement, any agency of competent jurisdiction or a court of compe- 9 tent jurisdiction; (ii) if a broker-dealer, investment adviser, or qual- 10 ified individual no longer reasonably believes that a transaction is the 11 subject of or related to financial exploitation, it shall release such 12 transaction, provided that adult protective services or the law enforce- 13 ment agency that the broker-dealer, investment adviser, or qualified 14 individual has notified of such hold pursuant to subparagraph (i) of 15 paragraph (c) of subdivision three of this section does not object. 16 5. Records. A broker-dealer or investment adviser shall provide access 17 to or copies of records that are relevant to the suspected or attempted 18 financial exploitation of an eligible adult to adult protective 19 services, an agency of competent jurisdiction, and law enforcement, 20 either as part of a notification or at the request of adult protective 21 services, a law enforcement agency, or an agency of competent jurisdic- 22 tion. All records made available to adult protective services, an agency 23 of competent jurisdiction, or law enforcement shall be considered confi- 24 dential records and shall not be available for examination by the 25 public. 26 6. Trainings and written procedures. Before placing a delay on a 27 disbursement or transaction pursuant to this section, a broker-dealer, 28 investment adviser, or qualified individual must do all of the follow- 29 ing: (a) develop training policies or programs reasonably designed to 30 educate employees who perform or approve transactions on behalf of 31 customers on issues pertaining to financial exploitation of specified 32 adults; (b) conduct training for employees described in paragraph (a) of 33 this subdivision as soon as reasonably practicable and maintain a writ- 34 ten record of all trainings conducted. With respect to an individual 35 who begins employment with covered broker-dealer, investment adviser, or 36 qualified individual after July first, two thousand twenty-four, such 37 training must be conducted within one year after the date on which the 38 individual becomes employed by or affiliated or associated with the 39 covered broker-dealer, investment adviser, or qualified individual; and 40 (c) develop, maintain, and enforce written procedures regarding the 41 manner in which suspected financial exploitation is reviewed internally, 42 including, if applicable, the manner in which suspected financial 43 exploitation is required to be reported to supervisory personnel. 44 7. Immunity. A broker-dealer, investment adviser, or a qualified indi- 45 vidual shall be immune from civil and administrative liability for good 46 faith actions in relation to the application of this section. 47 8. Regulations. The attorney general may promulgate regulations to 48 effectuate the purposes of this section, including setting forth factors 49 that a broker-dealer, investment adviser, or qualified individual may 50 consider in determining whether to apply a transaction hold to a trans- 51 action pursuant to paragraph (a) of subdivision one of this section, the 52 form and manner of any notification mandated by subdivision one of this 53 section, and the implementation of training programs for a broker-deal- 54 er, investment adviser, or qualified individual relating to recognizing 55 financial exploitation.S. 3008 87 A. 3008 1 9. Communication with reporters. Notwithstanding any other law to the 2 contrary, adult protective services, law enforcement or any agency of 3 competent jurisdiction may provide a general case status or final dispo- 4 sition to a broker-dealer, investment adviser, or qualified individual 5 that reported such a case to an agency. 6 10. Alteration of obligations. Absent a reasonable belief of finan- 7 cial exploitation as provided in this section, this section does not 8 otherwise alter a broker-dealer, investment adviser, or qualified indi- 9 vidual's obligations to all parties authorized to transact business on 10 an account and any trusted contact named on such account. 11 § 2. The banking law is amended by adding a new section 4-d to read as 12 follows: 13 § 4-d. Protecting eligible adults from financial exploitation. 1. 14 Definitions. As used in this section the following terms shall have the 15 following meanings: 16 (a) "Adult protective services" means the division of the New York 17 city human resources administration and each county agency responsible 18 for providing adult protective services pursuant to section four hundred 19 seventy-three of the social services law. 20 (b) "Banking institution" means any bank, trust company, savings bank, 21 savings and loan association, credit union or branch of a foreign bank- 22 ing corporation that is chartered, organized or licensed under the laws 23 of this state or any other state or the United States, and, in the ordi- 24 nary course of business offers deposit accounts in this state. 25 (c) "Financial exploitation" means: (i) the improper use of an eligi- 26 ble adult's funds, property, income or assets; or (ii) any act or omis- 27 sion by a person, including through the use of a power of attorney, 28 guardianship or any other authority regarding an eligible adult to: (A) 29 obtain control, through deception, intimidation, threats or undue influ- 30 ence over the eligible adult's money, assets, income or property; or 31 (B) convert the eligible adult's money, assets, income or property. 32 (d) "Law enforcement agency" means any agency, which is empowered by 33 law to make an arrest for a felony, and any agency which is authorized 34 by law to prosecute a felony and including any police officer as defined 35 by subdivision thirty-four of section 1.20 of the criminal procedure law 36 and any prosecutor. 37 (e) "Eligible adult" means an individual who is: sixty years of age or 38 older; or at least the age of eighteen and who, because of mental or 39 physical impairment, is unable to manage their own resources or protect 40 themselves from financial exploitation without assistance from others. 41 2. Application of transaction hold. (a) If a banking institution or 42 an employee of a banking institution reasonably believes that a finan- 43 cial exploitation of an eligible adult may have occurred, may have been 44 attempted, or is being attempted, then the banking institution may place 45 a transaction hold on such transaction. 46 (b) A banking institution shall apply a transaction hold to a trans- 47 action if adult protective services or a law enforcement agency notifies 48 the banking institution that it reasonably believes that the transaction 49 is the subject of or related to financial exploitation of an eligible 50 adult. 51 (c) A banking institution that applies a transaction hold shall: (i) 52 provide notice of such hold, in writing, to all parties authorized to 53 transact business on the account that is the subject of a transaction 54 hold, as well any designated third party, no later than two business 55 days after the application of the transaction hold; (ii) if the trans- 56 action hold has been applied pursuant to paragraph (a) of this subdivi-S. 3008 88 A. 3008 1 sion, no later than two business days after application of the trans- 2 action hold, notify adult protective services and/or a law enforcement 3 agency of the belief of financial exploitation and the transaction hold; 4 and (iii) at the request of adult protective services or a law enforce- 5 ment agency, provide any information and documents relating to the tran- 6 saction hold within three business days after the request for such 7 information or documents. 8 3. Before placing a delay on a disbursement or transaction pursuant 9 to this section, a financial institution must do all of the following: 10 (a) Develop training policies or programs reasonably designed to 11 educate employees who perform or approve transactions on behalf of 12 customers on issues pertaining to financial exploitation of specified 13 adults. 14 (b) Conduct training for employees described in paragraph (a) of this 15 subdivision as soon as reasonably practicable and maintain a written 16 record of all trainings conducted. With respect to an individual who 17 begins employment with a covered financial institution after July first, 18 two thousand twenty-four, such training must be conducted within one 19 year after the date on which the individual becomes employed by or 20 affiliated or associated with the covered financial institution. 21 (c) Develop, maintain, and enforce written procedures regarding the 22 manner in which suspected financial exploitation is reviewed internally, 23 including, if applicable, the manner in which suspected financial 24 exploitation is required to be reported to supervisory personnel. 25 4. Notification. If a banking institution reasonably believes finan- 26 cial exploitation of an eligible adult has occurred, has been attempted, 27 or is being attempted, the banking institution may promptly notify the 28 adult protective services and law enforcement. 29 5. Duration of transaction hold. A transaction hold shall expire 30 fifteen business days after its application except that (i) a trans- 31 action hold may be extended for up to forty additional business days 32 upon request if there is a continued reasonable belief of exploitation, 33 unless sooner terminated or further extended by adult protective 34 services, law enforcement, any agency of competent jurisdiction or a 35 court of competent jurisdiction; (ii) if a banking institution no longer 36 reasonably believes that a transaction is the subject of or related to 37 financial exploitation, it shall release such transaction, provided that 38 adult protective services or the law enforcement agency that the banking 39 institution has notified of such hold pursuant to subparagraph (i) of 40 paragraph (c) of subdivision two of this section does not object. 41 6. Records. A banking institution shall provide access to or copies of 42 records that are relevant to the suspected or attempted financial 43 exploitation of an eligible adult to adult protective services, an agen- 44 cy of competent jurisdiction, and law enforcement, either as part of a 45 notification or at the request of adult protective services, a law 46 enforcement agency, or an agency of competent jurisdiction. All records 47 made available to adult protective services, an agency of competent 48 jurisdiction, or law enforcement shall be considered confidential 49 records and shall not be available for examination by the public. 50 7. Regulations. The superintendent may promulgate regulations to 51 effectuate the purposes of this section, including setting forth factors 52 that a banking institution may consider in determining whether to apply 53 a transaction hold to a transaction pursuant to paragraph (a) of subdi- 54 vision two of this section, the form and manner of any notification 55 mandated by subdivision two of this section, and the implementation ofS. 3008 89 A. 3008 1 training programs for banking institution staff relating to recognizing 2 financial exploitation. 3 8. Immunity. A banking institution or an employee of a banking insti- 4 tution shall be immune from civil and administrative liability for good 5 faith actions in relation to the application of this section. 6 9. Communication with reporters. Notwithstanding any other law to the 7 contrary, adult protective services, law enforcement or any agency of 8 competent jurisdiction may provide a general case status or final dispo- 9 sition to a banking institution that reported such a case to an agency. 10 10. Absent a reasonable belief of financial exploitation as provided 11 in this section, this section does not otherwise alter a financial 12 institution's obligations to all parties authorized to transact business 13 on an account and any trusted contact named on such account. 14 § 3. Section 473 of the social services law is amended by adding a new 15 subdivision 5-a to read as follows: 16 5-a. Whenever a social services official, or their designee authorized 17 or required to determine the need for, or to provide or arrange for the 18 provision of protective services to adults in accordance with the 19 provisions of this title has a reason to believe that financial exploi- 20 tation of an eligible adult has occurred, has been attempted, or is 21 being attempted, the social services official or their designee must 22 report this information to the appropriate law enforcement agency and 23 notify any broker-dealer, investment adviser, or banking institution 24 involved in the relevant financial transactions of the need to hold a 25 transaction. 26 § 4. Paragraph (g) of subdivision 6 of section 473 of the social 27 services law, as added by chapter 395 of the laws of 1995, is amended to 28 read as follows: 29 (g) "Financial exploitation" means: 30 (i) the improper use of an adult's funds, property, income or 31 [resources by another individual, including but not limited to, fraud,32false pretenses, embezzlement, conspiracy, forgery, falsifying records,33coerced property transfers or denial of access to assets] assets; or 34 (ii) any act or omission by a person, including through the use of a 35 power of attorney, guardianship or any other authority regarding an 36 adult to: (A) obtain control, through deception, intimidation, threats 37 or undue influence over the adult's money, assets, income or property; 38 or (B) convert the adult's money, assets, income or property. 39 § 5. This act shall take effect on the one hundred eightieth day after 40 it shall have become a law. 41 PART BB 42 Section 1. The section heading of section 3457 of the insurance law, 43 as amended by chapter 85 of the laws of 2021, is amended to read as 44 follows: 45 Group insurance policies for [certain] insuring for hire motor vehi- 46 cles. 47 § 2. Paragraph 2 of subsection (a) of section 3457 of the insurance 48 law, as amended by chapter 85 of the laws of 2021, is amended to read as 49 follows: 50 (2) "For hire motor vehicle" or "vehicle" means a motor vehicle 51 engaged in the business of carrying or transporting passengers for 52 hire[, having a seating capacity of not less than eight passengers,53excluding the driver]. 54 § 3. This act shall take effect immediately.S. 3008 90 A. 3008 1 PART CC 2 Section 1. Paragraph 2 of subsection (b) of section 2305 of the insur- 3 ance law, as amended by chapter 129 of the laws of 2022, is amended to 4 read as follows: 5 (2) motor vehicle insurance, or surety bonds, required by section 6 three hundred seventy of the vehicle and traffic law [or], except as 7 provided in section two thousand three hundred twenty-eight of this 8 article, article forty-four-B of the vehicle and traffic law, or article 9 forty of the general business law; 10 § 2. Section 2328 of the insurance law, as amended by section 1 of 11 part NN of chapter 58 of the laws of 2024, is amended to read as 12 follows: 13 § 2328. [Certain] For hire motor vehicle insurance rates[; prior14approval. No changes in rates, rating plans, rating rules and rate manu-15als applicable to motor vehicle insurance, including no-fault coverages16under article fifty-one of this chapter, shall be made effective until17approved by the superintendent, notwithstanding any inconsistent18provisions of this article]. (a) Overall average (for all coverages 19 combined) rate level increases above an insurer's rates in effect that 20 are up to a percentage specified in a regulation promulgated by the 21 superintendent but not to exceed five percent, may take effect without 22 the superintendent's prior approval. An insurer shall not implement more 23 than two rate increases pursuant to this section, the total of which 24 shall not exceed the limitation specified in a regulation, during any 25 twelve-month period. An insurer also shall not implement a rate increase 26 within the limitation specified in a regulation until the onset of the 27 new policy period. 28 (b) This section shall apply only to policies covering losses or 29 liabilities arising out of ownership of a motor vehicle used principally 30 for the transportation of persons for hire, [including] other than a bus 31 or a school bus as defined in sections one hundred four and one hundred 32 forty-two of the vehicle and traffic law. 33 § 3. This act shall take effect on the one hundred eightieth day after 34 it shall have become a law. Effective immediately, the addition, amend- 35 ment and/or repeal of any rule or regulation necessary for the implemen- 36 tation of this act on its effective date are authorized to be made and 37 completed on or before such effective date. 38 PART DD 39 Section 1. Section 2328 of the insurance law, as amended by section 1 40 of part NN of chapter 58 of the laws of 2024, is amended to read as 41 follows: 42 § 2328. [Certain] For hire motor vehicle insurance rates[; prior43approval]. (a) An insurer shall submit to the superintendent, for the 44 superintendent's prior approval, its rates, rating plans, rating rules, 45 and rate manuals applicable to motor vehicle insurance, including 46 no-fault coverages under article fifty-one of this chapter, by August 47 first, two thousand twenty-five and at least every three years thereaft- 48 er, unless the superintendent requests the rates, rating plans, rating 49 rules, or rating manuals more frequently. For rates submitted on or 50 before August first, two thousand twenty-five, the superintendent may 51 approve the phasing in of rates that meet the standards set forth in 52 section two thousand three hundred three of this article if the super-S. 3008 91 A. 3008 1 intendent determines that it would be in the best interests of the 2 people of this state. 3 (b) No changes in rates, rating plans, rating rules and rate manuals 4 applicable to motor vehicle insurance, including no-fault coverages 5 under article fifty-one of this chapter, shall be made effective until 6 approved by the superintendent, notwithstanding any inconsistent 7 provisions of this article. 8 (c) This section shall apply only to policies covering losses or 9 liabilities arising out of ownership of a motor vehicle used principally 10 for the transportation of persons for hire, [including] other than a bus 11 or a school bus as defined in sections one hundred four and one hundred 12 forty-two of the vehicle and traffic law. 13 § 2. This act shall take effect immediately. 14 PART EE 15 Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 16 of the laws of 1968 constituting the New York state urban development 17 corporation act, as amended by section 1 of part Z of chapter 58 of the 18 laws of 2024, is amended to read as follows: 19 3. The provisions of this section shall expire, notwithstanding any 20 inconsistent provision of subdivision 4 of section 469 of chapter 309 of 21 the laws of 1996 or of any other law, on July 1, [2025] 2028. 22 § 2. This act shall take effect immediately. 23 PART FF 24 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the 25 New York state urban development corporation act, relating to the powers 26 of the New York state urban development corporation to make loans, as 27 amended by section 1 of part AA of chapter 58 of the laws of 2024, is 28 amended to read as follows: 29 § 2. This act shall take effect immediately provided, however, that 30 section one of this act shall expire on July 1, [2025] 2028, at which 31 time the provisions of subdivision 26 of section 5 of the New York state 32 urban development corporation act shall be deemed repealed; provided, 33 however, that neither the expiration nor the repeal of such subdivision 34 as provided for herein shall be deemed to affect or impair in any manner 35 any loan made pursuant to the authority of such subdivision prior to 36 such expiration and repeal. 37 § 2. This act shall take effect immediately. 38 PART GG 39 Section 1. Section 2 of part BB of chapter 58 of the laws of 2012 40 amending the public authorities law, relating to authorizing the dormi- 41 tory authority to enter into certain design and construction management 42 agreements, as amended by section 1 of part LL of chapter 58 of the laws 43 of 2023, is amended to read as follows: 44 § 2. This act shall take effect immediately and shall expire and be 45 deemed repealed April 1, [2025] 2027. 46 § 2. The dormitory authority of the state of New York shall provide a 47 report providing information regarding any project undertaken pursuant 48 to a design and construction management agreement, as authorized by part 49 BB of chapter 58 of the laws of 2012, between the dormitory authority of 50 the state of New York and the department of environmental conservationS. 3008 92 A. 3008 1 and/or the office of parks, recreation and historic preservation to the 2 governor, the temporary president of the senate and speaker of the 3 assembly. Such report shall include but not be limited to a description 4 of each such project, the project identification number of each such 5 project, if applicable, the projected date of completion, the status of 6 the project, the total cost or projected cost of each such project, and 7 the location, including the names of any county, town, village or city, 8 where each such project is located or proposed. In addition, such a 9 report shall be provided to the aforementioned parties by the first day 10 of March of each year that the authority to enter into such agreements 11 pursuant to part BB of chapter 58 of the laws of 2012 is in effect. 12 § 3. This act shall take effect immediately and shall be deemed to 13 have been in full force and effect on and after April 1, 2025. 14 PART HH 15 Section 1. Short title. This act shall be known and may be cited as 16 the "private activity bond allocation act of 2025". 17 § 2. Legislative findings and declaration. The legislature hereby 18 finds and declares that the federal tax reform act of 1986 established a 19 statewide bond volume ceiling on the issuance of certain tax exempt 20 private activity bonds and notes and, under certain circumstances, 21 governmental use bonds and notes issued by the state and its public 22 authorities, local governments, agencies which issue on behalf of local 23 governments, and certain other issuers. The federal tax reform act 24 establishes a formula for the allocation of the bond volume ceiling 25 which was subject to temporary modification by gubernatorial executive 26 order until December 31, 1987. That act also permits state legislatures 27 to establish, by statute, an alternative formula for allocating the 28 volume ceiling. Bonds and notes subject to the volume ceiling require an 29 allocation from the state's annual volume ceiling in order to qualify 30 for federal tax exemption. 31 It is hereby declared to be the policy of the state to maximize the 32 public benefit through the issuance of private activity bonds for the 33 purposes of, among other things, allocating a fair share of the bond 34 volume ceiling upon initial allocation and from a bond reserve to local 35 agencies and for needs identified by local governments; providing hous- 36 ing and promoting economic development; job creation; an economical 37 energy supply; and resource recovery and to provide for an orderly and 38 efficient volume ceiling allocation process for state and local agencies 39 by establishing an alternative formula for making such allocations. 40 § 3. Definitions. As used in this act, unless the context requires 41 otherwise: 42 1. "Bonds" means bonds, notes or other obligations. 43 2. "Carryforward" means an amount of unused private activity bond 44 ceiling available to an issuer pursuant to an election filed with the 45 internal revenue service pursuant to section 146(f) of the code. 46 3. "Code" means the internal revenue code of 1986, as amended. 47 4. "Commissioner" means the commissioner of the New York state depart- 48 ment of economic development. 49 5. "Covered bonds" means those tax exempt private activity bonds and 50 that portion of the non-qualified amount of an issue of governmental use 51 bonds for which an allocation of the statewide ceiling is required for 52 the interest earned by holders of such bonds to be excluded from the 53 gross income of such holders for federal income tax purposes under the 54 code.S. 3008 93 A. 3008 1 6. "Director" means the director of the New York state division of the 2 budget. 3 7. "Issuer" means a local agency, state agency or other issuer. 4 8. "Local agency" means an industrial development agency established 5 or operating pursuant to article 18-A of the general municipal law, the 6 Troy industrial development authority and the Auburn industrial develop- 7 ment authority. 8 9. "Other issuer" means any agency, political subdivision or other 9 entity, other than a local agency or state agency, that is authorized to 10 issue covered bonds. 11 10. "Qualified small issue bonds" means qualified small issue bonds, 12 as defined in section 144(a) of the code. 13 11. "State agency" means the state of New York, the New York state 14 energy research and development authority, the New York job development 15 authority, the New York state environmental facilities corporation, the 16 New York state urban development corporation and its subsidiaries, the 17 Battery Park city authority, the port authority of New York and New 18 Jersey, the power authority of the state of New York, the dormitory 19 authority of the state of New York, the New York state housing finance 20 agency, the state of New York mortgage agency, and any other public 21 benefit corporation or public authority designated by the governor for 22 the purposes of this act. 23 12. "Statewide ceiling" means for any calendar year the highest state 24 ceiling (as such term is used in section 146 of the code) applicable to 25 New York state. 26 13. "Future allocations" means allocations of statewide ceiling for up 27 to two future years. 28 14. "Multi-year housing development project" means a project (a) which 29 qualifies for covered bonds; (b) which is to be constructed over two or 30 more years and (c) in which at least twenty percent of the dwelling 31 units will be occupied by persons and families of low income. 32 § 4. Local agency set-aside. A set-aside of statewide ceiling for 33 local agencies for any calendar year shall be an amount which bears the 34 same ratio to one-third of the statewide ceiling as the population of 35 the jurisdiction of such local agency bears to the population of the 36 entire state. The commissioner shall administer allocations of such 37 set-aside to local agencies. 38 § 5. State agency set-aside. A set-aside of statewide ceiling for all 39 state agencies for any calendar year shall be one-third of the statewide 40 ceiling. The director shall administer allocations of such set-aside to 41 state agencies and may grant an allocation to any state agency upon 42 receipt of an application in such form as the director shall require. 43 § 6. Statewide bond reserve. One-third of the statewide ceiling is 44 hereby set aside as a statewide bond reserve to be administered by the 45 director. 46 1. Allocation of the statewide bond reserve among state agencies, 47 local agencies and other issuers. The director shall transfer a portion 48 of the statewide bond reserve to the commissioner for allocation to and 49 use by local agencies and other issuers in accordance with the terms of 50 this section. The remainder of the statewide bond reserve may be allo- 51 cated by the director to state agencies in accordance with the terms of 52 this section. 53 2. Allocation of statewide bond reserve to local agencies or other 54 issuers.S. 3008 94 A. 3008 1 (a) Local agencies or other issuers may at any time apply to the 2 commissioner for an allocation from the statewide bond reserve. Such 3 application shall demonstrate: 4 (i) that the requested allocation is required under the code for the 5 interest earned on the bonds to be excluded from the gross income of 6 bondholders for federal income tax purposes; 7 (ii) that the local agency's remaining unused allocation provided 8 pursuant to section four of this act, and other issuer's remaining 9 unused allocation, or any available carryforward will be insufficient 10 for the specific project or projects for which the reserve allocation is 11 requested; and 12 (iii) that, except for those allocations made pursuant to section 13 thirteen of this act to enable carryforward elections, the requested 14 allocation is reasonably expected to be used during the calendar year, 15 and the requested future allocation is reasonably expected to be used in 16 the calendar year to which the future allocation relates. 17 (b) In reviewing and approving or disapproving applications, the 18 commissioner shall exercise discretion to ensure an equitable distrib- 19 ution of allocations from the statewide bond reserve to local agencies 20 and other issuers. Prior to making a determination on such applications, 21 the commissioner shall notify and seek the recommendation of the presi- 22 dent and chief executive officer of the New York state housing finance 23 agency in the case of an application related to the issuance of multi- 24 family housing or mortgage revenue bonds, and in the case of other 25 requests, such state officers, departments, divisions and agencies as 26 the commissioner deems appropriate. 27 (c) Applications for allocations shall be made in such form and 28 contain such information and reports as the commissioner shall require. 29 (d) On or before September fifteenth of each year, the commissioner 30 shall publish the total amount of local agency set-aside that has been 31 recaptured pursuant to section twelve of this act for that year on the 32 department of economic development's website. 33 3. Allocation of statewide bond reserve to state agencies. The direc- 34 tor may make an allocation from the statewide bond reserve to any state 35 agency. Before making any allocation of statewide bond reserve to state 36 agencies the director shall be satisfied: 37 (a) that the allocation is required under the code for the interest 38 earned on the bonds to be excluded from the gross income of bondholders 39 for federal income tax purposes; 40 (b) that the state agency's remaining unused allocation provided 41 pursuant to section five of this act or any available carryforward will 42 be insufficient to accommodate the specific bond issue or issues for 43 which the reserve allocation is requested; and 44 (c) that, except for those allocations made pursuant to section thir- 45 teen of this act to enable carryforward elections, the requested allo- 46 cation is reasonably expected to be used during the calendar year, and 47 the requested future allocation is reasonably expected to be used in the 48 calendar year to which the future allocation relates. 49 § 7. Access to employment opportunities. 1. All issuers shall require 50 that any new employment opportunities created in connection with indus- 51 trial or manufacturing projects financed through the issuance of quali- 52 fied small issue bonds shall be listed with the New York state depart- 53 ment of labor and with the one-stop career center established pursuant 54 to the federal Workforce Innovation and Opportunity Act (Pub. L. No. 55 113-128) serving the locality in which the employment opportunities are 56 being created. Such listing shall be in a manner and form prescribed byS. 3008 95 A. 3008 1 the commissioner. All issuers shall further require that for any new 2 employment opportunities created in connection with an industrial or 3 manufacturing project financed through the issuance of qualified small 4 issue bonds by such issuer, industrial or manufacturing firms shall 5 first consider persons eligible to participate in the Workforce Inno- 6 vation and Opportunity Act (Pub. L. No. 113-128) programs who shall be 7 referred to the industrial or manufacturing firm by one-stop centers in 8 local workforce investment areas or by the department of labor. Issuers 9 of qualified small issue bonds are required to monitor compliance with 10 the provisions of this section as prescribed by the commissioner. 11 2. Nothing in this section shall be construed to require users of 12 qualified small issue bonds to violate any existing collective bargain- 13 ing agreement with respect to the hiring of new employees. Failure on 14 the part of any user of qualified small issue bonds to comply with the 15 requirements of this section shall not affect the allocation of bonding 16 authority to the issuer of the bonds or the validity or tax exempt 17 status of such bonds. 18 § 8. Overlapping jurisdictions. In a geographic area represented by a 19 county local agency and one or more sub-county local agencies, the allo- 20 cation granted by section four of this act with respect to such area of 21 overlapping jurisdiction shall be apportioned one-half to the county 22 local agency and one-half to the sub-county local agency or agencies. 23 Where there is a local agency for the benefit of a village within the 24 geographic area of a town for the benefit of which there is a local 25 agency, the allocation of the village local agency shall be based on the 26 population of the geographic area of the village, and the allocation of 27 the town local agency shall be based upon the population of the 28 geographic area of the town outside of the village. Notwithstanding the 29 foregoing, a local agency may surrender all or part of its allocation 30 for such calendar year to another local agency with an overlapping 31 jurisdiction. Such surrender shall be made at such time and in such 32 manner as the commissioner shall prescribe. 33 § 9. Ineligible local agencies. To the extent that any allocation of 34 the local agency set-aside would be made by this act to a local agency 35 which is ineligible to receive such allocation under the code or under 36 regulations interpreting the state volume ceiling provisions of the 37 code, such allocation shall instead be made to the political subdivision 38 for whose benefit that local agency was created. 39 § 10. Municipal reallocation. The chief executive officer of any poli- 40 tical subdivision or, if such political subdivision has no chief execu- 41 tive officer, the governing board of the political subdivision for the 42 benefit of which a local agency has been established, may withdraw all 43 or any portion of the allocation granted by section four of this act to 44 such local agency. The political subdivision may then reallocate all or 45 any portion of such allocation, as well as all or any portion of the 46 allocation received pursuant to section nine of this act, to itself or 47 any other issuer established for the benefit of that political subdivi- 48 sion or may assign all or any portion of the allocation received pursu- 49 ant to section nine of this act to the local agency created for its 50 benefit. The chief executive officer or governing board of the political 51 subdivision, as the case may be, shall notify the commissioner of any 52 such reallocation. 53 § 11. Future allocations for multi-year housing development projects. 54 1. In addition to other powers granted under this act, the commissioner 55 is authorized to make the following future allocations of statewide 56 ceiling for any multi-year housing development project for which theS. 3008 96 A. 3008 1 commissioner also makes an allocation of statewide ceiling for the 2 current year under this act or for which, in the event of expiration of 3 provisions of this act described in section eighteen of this act, an 4 allocation of volume cap for a calendar year subsequent to such expira- 5 tion shall have been made under section 146 of the code: (a) to local 6 agencies from the local agency set-aside (but only with the approval of 7 the chief executive officer of the political subdivision to which the 8 local agency set-aside relates or the governing body of a political 9 subdivision having no chief executive officer) and (b) to other issuers 10 from that portion, if any, of the statewide bond reserve transferred to 11 the commissioner by the director. Any future allocation made by the 12 commissioner shall constitute an allocation of statewide ceiling for the 13 future year specified by the commissioner and shall be deemed to have 14 been made on the first day of the future year so specified. 15 2. In addition to other powers granted under this act, the director is 16 authorized to make future allocations of statewide ceiling from the 17 state agency set-aside or from the statewide bond reserve to state agen- 18 cies for any multi-year housing development project for which the direc- 19 tor also makes an allocation of statewide ceiling from the current year 20 under this act or for which, in the event of expiration of provisions of 21 this act described in section eighteen of this act, an allocation of 22 volume cap for a calendar year subsequent to such expiration shall have 23 been made under section 146 of the code, and is authorized to make 24 transfers of the statewide bond reserve to the commissioner for future 25 allocations to other issuers for multi-year housing development projects 26 for which the commissioner has made an allocation of statewide ceiling 27 for the current year. Any such future allocation or transfer of the 28 statewide bond reserve for future allocation made by the director shall 29 constitute an allocation of statewide ceiling or transfer of the state- 30 wide bond reserve for the future years specified by the director and 31 shall be deemed to have been made on the first day of the future year so 32 specified. 33 3. (a) If an allocation made with respect to a multi-year housing 34 development project is not used by September fifteenth of the year to 35 which the allocation relates, the allocation with respect to the then 36 current year shall be subject to recapture in accordance with the 37 provisions of section twelve of this act, and in the event of such a 38 recapture, unless a carryforward election by another issuer shall have 39 been approved by the commissioner or a carryforward election by a state 40 agency shall have been approved by the director, all future allocations 41 made with respect to such project pursuant to subdivision one or two of 42 this section shall be canceled. 43 (b) The commissioner and the director shall have the authority to make 44 future allocations from recaptured current year allocations and canceled 45 future allocations to multi-year housing development projects in a 46 manner consistent with the provisions of this act. Any such future allo- 47 cation shall, unless a carryforward election by another issuer shall 48 have been approved by the commissioner or a carryforward election by a 49 state agency shall have been approved by the director, be canceled if 50 the current year allocation for the project is not used by December 31, 51 2026. 52 (c) The commissioner and the director shall establish procedures 53 consistent with the provisions of this act relating to carryforward of 54 future allocations.S. 3008 97 A. 3008 1 4. The aggregate future allocations from either of the two succeeding 2 years shall not exceed six hundred fifty million dollars for each such 3 year. 4 § 12. Year end allocation recapture. On or before September first of 5 each year, each state agency shall report to the director and each local 6 agency and each other issuer shall report to the commissioner the amount 7 of bonds subject to allocation under this act that will be issued prior 8 to the end of the then current calendar year, and the amount of the 9 issuer's then total allocation that will remain unused. As of September 10 fifteenth of each year, the unused portion of each local agency's and 11 other issuer's then total allocation as reported and the unallocated 12 portion of the set-aside for state agencies shall be recaptured and 13 added to the statewide bond reserve and shall no longer be available to 14 covered bond issuers except as otherwise provided herein. From September 15 fifteenth through the end of the year, each local agency or other issuer 16 having an allocation shall immediately report to the commissioner and 17 each state agency having an allocation shall immediately report to the 18 director any changes to the status of its allocation or the status of 19 projects for which allocations have been made which should affect the 20 timing or likelihood of the issuance of covered bonds therefor. If the 21 commissioner determines that a local agency or other issuer has overes- 22 timated the amount of covered bonds subject to allocation that will be 23 issued prior to the end of the calendar year, the commissioner may 24 recapture the amount of the allocation to such local agency or other 25 issuer represented by such overestimation by notice to the local agency 26 or other issuer, and add such allocation to the statewide bond reserve. 27 The director may likewise make such determination and recapture with 28 respect to state agency allocations. 29 § 13. Allocation carryforward. 1. No local agency or other issuer 30 shall make a carryforward election utilizing any unused allocation 31 (pursuant to section 146(f) of the code) without the prior approval of 32 the commissioner. Likewise no state agency shall make or file such an 33 election, or elect to issue or carryforward mortgage credit certif- 34 icates, without the prior approval of the director. 35 2. On or before November fifteenth of each year, each state agency 36 seeking unused statewide ceiling for use in future years shall make a 37 request for an allocation for a carryforward to the director, whose 38 approval shall be required before a carryforward election is filed by or 39 on behalf of any state agency. A later request may also be considered by 40 the director, who may file a carryforward election for any state agency 41 with the consent of such agency. 42 3. On or before November fifteenth of each year, each local agency or 43 other issuer seeking unused statewide ceiling for use in future years 44 shall make a request for an allocation for a carryforward to the commis- 45 sioner, whose approval shall be required before a carryforward election 46 is filed by or on behalf of any local or other agency. A later request 47 may also be considered by the commissioner. 48 4. On or before January fifteenth of each year, the director shall 49 publish the total amount of unused statewide ceiling from the prior year 50 on the division of budget's website. 51 § 14. New York state bond allocation policy advisory panel. 1. There 52 is hereby created a policy advisory panel and process to provide policy 53 advice regarding the priorities for distribution of the statewide ceil- 54 ing. 55 2. The panel shall consist of five members, one designee being 56 appointed by each of the following: the governor, the temporary presi-S. 3008 98 A. 3008 1 dent of the senate, the speaker of the assembly, the minority leader of 2 the senate and the minority leader of the assembly. The designee of the 3 governor shall chair the panel. The panel shall monitor the allocation 4 process through the year, and in that regard, the division of the budget 5 and the department of economic development shall assist and cooperate 6 with the panel as provided in this section. The advisory process shall 7 operate through the issuance of advisory opinions by members of the 8 panel as provided in subdivisions six and seven of this section. A meet- 9 ing may be held at the call of the chair with the unanimous consent of 10 the members. 11 3. (a) Upon receipt of a request for allocation or a request for 12 approval of a carryforward election from the statewide reserve from a 13 local agency or other issuer, the commissioner shall, within five work- 14 ing days, notify the panel of such request and provide the panel with 15 copies of all application materials submitted by the applicant. 16 (b) Upon receipt of a request for allocation or a request for approval 17 of carryforward election from the statewide reserve from a state agency, 18 the director shall, within five working days, notify the panel of such 19 request and provide the panel with copies of all application materials 20 submitted by the applicant. 21 4. (a) Following receipt of a request for allocation from a local 22 agency or other issuer, the commissioner shall notify the panel of a 23 decision to approve or exclude from further consideration such request, 24 and the commissioner shall state the reasons. Such notification shall be 25 made with or after the transmittal of the information specified in 26 subdivision three of this section and at least five working days before 27 formal notification is made to the applicant. 28 (b) Following receipt of a request for allocation from a state agency, 29 the director shall notify the panel of a decision to approve or exclude 30 from further consideration such request, and shall state the reasons. 31 Such notification shall be made with or after the transmission of the 32 information specified in subdivision three of this section and at least 33 five working days before formal notification is made to the state agen- 34 cy. 35 5. The requirements of subdivisions three and four of this section 36 shall not apply to adjustments to allocations due to bond sizing chang- 37 es. 38 6. In the event that any decision to approve or to exclude from 39 further consideration a request for allocation is made within ten work- 40 ing days of the end of the calendar year and in the case of all requests 41 for consent to a carryforward election, the commissioner or director, as 42 is appropriate, shall provide the panel with the longest possible 43 advance notification of the action, consistent with the requirements of 44 the code, and shall, wherever possible, solicit the opinions of the 45 members of the panel before formally notifying any applicant of the 46 action. Such notification may be made by means of telephone communi- 47 cation to the members or by written notice delivered to the Albany 48 office of the appointing authority of the respective members. 49 7. Upon notification by the director or the commissioner, any member 50 of the panel may, within five working days, notify the commissioner or 51 the director of any policy objection concerning the expected action. If 52 three or more members of the panel shall submit policy objections in 53 writing to the intended action, the commissioner or the director shall 54 respond in writing to the objection prior to taking the intended action 55 unless exigent circumstances make it necessary to respond after the 56 action has been taken.S. 3008 99 A. 3008 1 8. On or before the first day of July, in any year, the director shall 2 report to the members of the New York state bond allocation policy advi- 3 sory panel on the actual utilization of volume cap for the issuance of 4 bonds during the prior calendar year and the amount of such cap allo- 5 cated for carryforwards for future bond issuance. The report shall 6 include, for each local agency or other issuer and each state agency the 7 initial allocation, the amount of bonds issued subject to the allo- 8 cation, the amount of the issuer's allocation that remained unused, the 9 allocation of the statewide bond reserve, carryforward allocations and 10 recapture of allocations. Further, the report shall include projections 11 regarding private activity bond issuance for state and local issuers for 12 the calendar year, as well as any recommendations for legislative 13 action. The director shall publish the report on the division of budg- 14 et's website concurrently with the release of the report to the panel. 15 § 15. Severability. If any clause, sentence, paragraph, section, or 16 item of this part shall be adjudged by any court of competent jurisdic- 17 tion to be invalid, such judgment shall not affect, impair, or invali- 18 date the remainder thereof, but shall be confined in its operation to 19 the clause, sentence, paragraph, section, or item thereof directly 20 involved in the controversy in which such judgment shall have been 21 rendered. 22 § 16. Notwithstanding any provisions of this act to the contrary (1) 23 provided that a local agency or other issuer certifies to the commis- 24 sioner on or before October 1, 2025 that it has issued private activity 25 bonds described in this act and the amount thereof which used statewide 26 ceiling, a commitment or allocation of statewide ceiling to a local 27 agency or other issuer made to or so used by such local agency or other 28 issuer pursuant to the federal tax reform act of 1986 on or after Janu- 29 ary 1, 2025 and prior to the effective date of this act, in an amount 30 which exceeds the local agency set-aside established by section four of 31 this act, shall be first chargeable to the statewide bond reserve estab- 32 lished pursuant to section six of this act, and (2) a commitment or 33 allocation of statewide ceiling to a state agency made to or used by 34 such agency pursuant to the internal revenue code, as amended, on or 35 after January 1, 2025 and prior to the effective date of this act, shall 36 be first chargeable to the state agency set-aside established pursuant 37 to section five of this act, and, thereafter, to the statewide bond 38 reserve established by section six of this act. 39 § 17. Nothing contained in this act shall be deemed to supersede, 40 alter or impair any allocation used by or committed by the director or 41 commissioner to a state or local agency or other issuer pursuant to the 42 federal tax reform act of 1986 and prior to the effective date of this 43 act. 44 § 18. This act shall take effect immediately; provided, however, that 45 sections three, four, five, six, seven, eight, nine, ten, twelve, thir- 46 teen and fourteen of this act shall expire July 1, 2028 when upon such 47 date the provisions of such sections shall be deemed repealed; except 48 that the provisions of subdivisions two and three of section thirteen of 49 this act shall expire and be deemed repealed February 15, 2028. 50 PART II 51 Section 1. Subdivision 32 of section 1676 of the public authorities 52 law, as added by chapter 672 of the laws of 1993, is amended to read as 53 follows:S. 3008 100 A. 3008 1 32. The term "public library" shall mean [those libraries set forth in2section five of the chapter of the laws of nineteen hundred ninety-three3which added this subdivision, as defined as] any library chartered by 4 the state board of regents, created by an act of the legislature, or 5 incorporated under the not-for-profit corporation law constituting a 6 public library [or as], an association library [pursuant to] or a free 7 library as defined in section two hundred fifty-three of the education 8 law. 9 § 2. This act shall not affect the status as a "public library" for 10 purposes of title 4 of article 8 of the public authorities law of those 11 libraries set forth in section 5 of chapter 672 of the laws of 1993, as 12 amended from time to time prior to the effective date of this act, nor 13 shall this act impair the validity of bonds heretofore issued by the 14 dormitory authority for the benefit of any such library. 15 § 3. This act shall take effect immediately. 16 PART JJ 17 Section 1. Paragraph (b) of subdivision 2 of section 1676 of the 18 public authorities law is amended by adding a new undesignated paragraph 19 to read as follows: 20 Any county, city, town, and village, for the construction, recon- 21 struction, development, improvement, expansion and/or equipping of a 22 facility or facilities and necessary ancillary and related facilities; 23 provided, however, that any alternative delivery authorization derived 24 pursuant to the Infrastructure Investment Act, part F of chapter 60 of 25 the laws of 2015, as amended by part DD of chapter 58 the laws of 2020, 26 shall not be applicable to any project undertaken by the authority on 27 behalf of any county, city, town, and village pursuant to this section 28 and further providing that nothing in this section shall result in the: 29 (1) displacement of any currently employed worker or loss of position 30 (including partial displacement such as a reduction in the hours of 31 non-overtime work, wages or employment benefits), or result in the 32 impairment of existing collective bargaining agreements; and (2) trans- 33 fer of existing duties and functions currently performed by existing 34 public employees for a public employer that becomes eligible to utilize 35 the dormitory authority pursuant to this section. 36 § 2. Subdivision 1 of section 1680 of the public authorities law is 37 amended by adding a new undesignated paragraph to read as follows: 38 Any county, city, town, and village, for the construction, recon- 39 struction, development, improvement, expansion and/or equipping of a 40 facility or facilities and necessary ancillary and related facilities; 41 provided, however, that any alternative delivery authorization derived 42 pursuant to the Infrastructure Investment Act, part F of chapter 60 of 43 the laws of 2015, as amended by part DD of chapter 58 the laws of 2020 44 shall not be applicable to any project undertaken by the authority on 45 behalf of any county, city, town, and village pursuant to this section 46 and that nothing in this section shall result in the: (1) displacement 47 of any currently employed worker or loss of position (including partial 48 displacement such as a reduction in the hours of non-overtime work, 49 wages or employment benefits), or result in the impairment of existing 50 collective bargaining agreements; and (2) transfer of existing duties 51 and functions currently performed by existing public employees for a 52 public employer that becomes eligible to utilize the dormitory authority 53 pursuant to this section.S. 3008 101 A. 3008 1 § 3. Subdivision 26 of section 1678 of the public authorities law, as 2 added by section 1 of part BB of chapter 58 of the laws of 2012, is 3 amended to read as follows: 4 26. To enter into a design and construction management agreement or 5 other agreements with the department of environmental conservation, 6 pursuant to which one or more grants may be administered or pursuant to 7 which one or more facilities are to be designed, constructed, recon- 8 structed, rehabilitated, improved, furnished or equipped for such 9 department. Any such design and construction management agreement or 10 other agreements entered into pursuant to this subdivision shall provide 11 for the following: the scope of design and construction management 12 services or other services to be provided by the authority, the manner 13 in which those services will be provided, the fees to be charged by the 14 authority and the sources of funds for the projects. No design-build 15 contract as defined in chapter fifty-six of the laws of two thousand 16 eleven shall be awarded pursuant to this subdivision. 17 § 4. This act shall take effect immediately; provided, however, that 18 the amendments to subdivision 26 of section 1678 of the public authori- 19 ties law made by section three of this act shall not affect the expira- 20 tion and repeal of such section and shall be deemed repealed therewith. 21 PART KK 22 Section 1. The opening paragraph of subdivision (h) of section 121 of 23 chapter 261 of the laws of 1988, amending the state finance law and 24 other laws relating to the New York state infrastructure trust fund, as 25 amended by section 1 of part Y of chapter 58 of the laws of 2024, is 26 amended to read as follows: 27 The provisions of sections sixty-two through sixty-six of this act 28 shall expire and be deemed repealed on July first, two thousand [twen-29ty-five] twenty-seven, except that: 30 § 2. This act shall take effect immediately. 31 PART LL 32 Section 1. Section 214 of the state finance law, as amended by section 33 1 of part P of chapter 59 of the laws of 2007, is amended to read as 34 follows: 35 § 214. Establishment and purpose; linked deposit program authori- 36 zation. The excelsior linked deposit program is hereby created. The 37 purpose of the program is to encourage and assist eligible businesses 38 within the state to undertake eligible projects that will materially 39 contribute to improving their performance and competitiveness. The comp- 40 troller is hereby authorized to use any moneys of the state the comp- 41 troller is authorized to invest pursuant to section ninety-eight-a of 42 this chapter as linked deposits for the program. Not more than [four43hundred sixty million] one billion dollars of such moneys shall be on 44 deposit pursuant to the program at any given time. The commissioner of 45 taxation and finance is hereby authorized to use funds in the linked 46 deposit program fund established pursuant to section ninety-two-v of 47 this chapter as linked deposits for the program. [Not more than one48hundred million dollars from the linked deposit program fund shall be on49deposit pursuant to the program at any given time.] 50 § 2. This act shall take effect immediately. 51 PART MMS. 3008 102 A. 3008 1 Section 1. Paragraph (d) of subdivision 6 of section 163 of the state 2 finance law, as amended by chapter 110 of the laws of 2024, is amended 3 to read as follows: 4 (d) state agencies may purchase commodities or services from those 5 certified pursuant to article fifteen-A of the executive law and article 6 three of the veterans' services law in an amount not exceeding [seven] 7 one million five hundred [fifty] thousand dollars without a formal 8 competitive process; and 9 § 2. Subparagraph (i) of paragraph (b) of subdivision 3 of section 10 2879 of the public authorities law, as amended by chapter 96 of the laws 11 of 2019, is amended to read as follows: 12 (i) for the selection of such contractors on a competitive basis, and 13 provisions relating to the circumstances under which the board may by 14 resolution waive competition, including, notwithstanding any other 15 provision of law requiring competition, the purchase of goods or 16 services from: (A) small business concerns [those certified as minority17or women-owned business enterprises,] or goods or technology that are 18 recycled or remanufactured, in an amount not to exceed five hundred 19 thousand dollars without a formal competitive process, and (B) those 20 certified as minority- or women-owned business enterprises or service- 21 disabled veteran-owned businesses, in an amount not to exceed one 22 million five hundred thousand dollars without a formal competitive proc- 23 ess; 24 § 3. This act shall take effect immediately. 25 PART NN 26 Section 1. Subsections (e) and (g) of section 7002 of the insurance 27 law, as amended by chapter 193 of the laws of 2022, are amended to read 28 as follows: 29 (e) "Industrial insured" means an insured: 30 (1) whose net worth exceeds one hundred million dollars; 31 (2) who is a member of a holding company system whose net worth 32 exceeds one hundred million dollars; 33 (3) who is the metropolitan transportation authority and its statutory 34 subsidiaries. When filing an application to form a pure captive insur- 35 ance company the metropolitan transportation authority shall submit 36 written notice of such filing to the governor, the temporary president 37 of the senate and the speaker of the assembly; 38 (4) who is the power authority of the state of New York and any statu- 39 tory subsidiary thereof. When filing an application to form a pure 40 captive insurance company the power authority shall submit written 41 notice of such filing to the governor, the temporary president of the 42 senate and the speaker of the assembly; [or] 43 (5) who is a state or local authority identified in section twenty- 44 eight hundred fifty-nine of the public authorities law and established 45 in statute, or any statutory subsidiary thereof, and is authorized by 46 statute to form a pure or group captive insurance company. When filing 47 an application to form either a pure or group captive insurance company, 48 the state or local authority or authorities shall submit written notice 49 of such filing to the governor, the temporary president of the senate 50 and the speaker of the assembly; or 51 (6) who is a city with a population of one million or more. When 52 filing an application to form a pure captive insurance company, a city 53 with a population of one million or more shall submit written notice ofS. 3008 103 A. 3008 1 such filing to the governor, the temporary president of the senate and 2 the speaker of the assembly. 3 (g) "Industrial insured group" means any group of unaffiliated indus- 4 trial insureds that are engaged in similar or related businesses or 5 activities or that are state or local authorities identified in section 6 twenty-eight hundred fifty-nine of the public authorities law and estab- 7 lished in statute, or any subsidiary of the authority, provided, howev- 8 er, the metropolitan transportation authority, the power authority of 9 the state of New York and any statutory subsidiary thereof and cities 10 with a population of one million or more shall not be a member of an 11 industrial insured group, and that collectively: 12 (1) own, control or hold with power to vote all of the outstanding 13 voting shares of stock of a group captive insurance company incorporated 14 as a stock insurer; or 15 (2) represent one hundred percent of the voting members of a group 16 captive insurance company organized as a mutual insurer. 17 § 2. Subsection (b) of section 7005 of the insurance law, as added by 18 section 146 of part A of chapter 389 of the laws of 1997, is amended to 19 read as follows: 20 (b) A group captive insurance company may be incorporated: 21 (1) as a stock insurer with its capital divided into shares and held 22 by the stockholders[, or]; 23 (2) as a mutual insurer without capital stock, the governing body of 24 which is elected by the member organizations of the industrial insured 25 group; or 26 (3) in the case of a public benefit corporation, public authority, or 27 other public entity, as the applicable state law may require. 28 § 3. The public authorities law is amended by adding a new section 29 2859 to read as follows: 30 § 2859. Captive insurance company. 1. Formation of a captive insurance 31 company. The Battery Park city authority, New York convention center 32 operating corporation, New York state energy research and development 33 authority, New York state Olympic region development authority, and 34 Roosevelt Island operating corporation, individually or in some combina- 35 tion with each other, may establish either a pure or group captive 36 insurance company as provided in section seven thousand two of the 37 insurance law. 38 2. Pure captive. Each authority under this section may establish its 39 own subsidiary corporation for the purpose of forming a pure captive 40 insurance company. 41 3. Group captive. For the purposes of forming a group captive insur- 42 ance company: (a) any authority under this section may establish a 43 subsidiary corporation containing no fewer than three board members; (b) 44 each group captive participating authority being an equal part share- 45 holder in the subsidiary with board of directors representation; (c) the 46 shareholders shall agree among themselves the total number of board 47 members, the allocation of those seats among the shareholders, and such 48 other governance steps to ensure the efficient operation of the subsid- 49 iary; (d) each shareholder shall select their board representative to 50 fill their designated seats in their discretion, except that such member 51 must be an employee or board member of the shareholder; and (e) any 52 action taken by the directors of such subsidiary shall be taken by a 53 majority vote of such directors then in office. 54 4. Employees. The employees of any such pure or group captive insur- 55 ance company, except those who are also employees of the member authori- 56 ties, shall not be deemed employees of the member authorities.S. 3008 104 A. 3008 1 § 4. Subdivision (a) of section 1500 of the tax law, as amended by 2 chapter 193 of the laws of 2022, is amended to read as follows: 3 (a) The term "insurance corporation" includes a corporation, associ- 4 ation, joint stock company or association, person, society, aggregation 5 or partnership, by whatever name known, doing an insurance business, 6 and, notwithstanding the provisions of section fifteen hundred twelve of 7 this article, shall include (1) a risk retention group as defined in 8 subsection (n) of section five thousand nine hundred two of the insur- 9 ance law, (2) the state insurance fund and (3) a corporation, associ- 10 ation, joint stock company or association, person, society, aggregation 11 or partnership doing an insurance business as a member of the New York 12 insurance exchange described in section six thousand two hundred one of 13 the insurance law. The definition of the "state insurance fund" 14 contained in this subdivision shall be limited in its effect to the 15 provisions of this article and the related provisions of this chapter 16 and shall have no force and effect other than with respect to such 17 provisions. The term "insurance corporation" shall also include a 18 captive insurance company doing a captive insurance business, as defined 19 in subsections (c) and (b), respectively, of section seven thousand two 20 of the insurance law; provided, however, "insurance corporation" shall 21 not include the metropolitan transportation authority, the power author- 22 ity of New York or any statutory subsidiary thereof, the public authori- 23 ties identified in section twenty-eight hundred fifty-nine of the public 24 authorities law or any statutory subsidiary thereof, or a public benefit 25 corporation or not-for-profit corporation formed by a city with a popu- 26 lation of one million or more pursuant to subsection (a) of section 27 seven thousand five of the insurance law, each of which is expressly 28 exempt from the payment of fees, taxes or assessments, whether state or 29 local; and provided further "insurance corporation" does not include any 30 combinable captive insurance company. The term "insurance corporation" 31 shall also include an unauthorized insurer operating from an office 32 within the state, pursuant to paragraph five of subsection (b) of 33 section one thousand one hundred one and subsection (i) of section two 34 thousand one hundred seventeen of the insurance law. The term "insurance 35 corporation" also includes a health maintenance organization required to 36 obtain a certificate of authority under article forty-four of the public 37 health law. 38 § 5. Subdivision (a) of section 1502-b of the tax law, as amended by 39 chapter 193 of the laws of 2022, is amended to read as follows: 40 (a) In lieu of the taxes and tax surcharge imposed by sections fifteen 41 hundred one, fifteen hundred two-a, fifteen hundred five-a, and fifteen 42 hundred ten of this article, every captive insurance company licensed by 43 the superintendent of financial services pursuant to the provisions of 44 article seventy of the insurance law, other than the metropolitan trans- 45 portation authority, the power authority of New York or any statutory 46 subsidiary thereof, the public authorities identified in section twen- 47 ty-eight hundred fifty-nine of the public authorities law or any statu- 48 tory subsidiary thereof, and a public benefit corporation or not-for- 49 profit corporation formed by a city with a population of one million or 50 more pursuant to subsection (a) of section seven thousand five of the 51 insurance law, each of which is expressly exempt from the payment of 52 fees, taxes or assessments whether state or local, and other than 53 combinable captive insurance company, shall, for the privilege of exer- 54 cising its corporate franchise, pay a tax on (1) all gross direct premi- 55 ums, less return premiums thereon, written on risks located or resident 56 in this state and (2) all assumed reinsurance premiums, less returnS. 3008 105 A. 3008 1 premiums thereon, written on risks located or resident in this state. 2 The rate of the tax imposed on gross direct premiums shall be four- 3 tenths of one percent on all or any part of the first twenty million 4 dollars of premiums, three-tenths of one percent on all or any part of 5 the second twenty million dollars of premiums, two-tenths of one percent 6 on all or any part of the third twenty million dollars of premiums, and 7 seventy-five thousandths of one percent on each dollar of premiums ther- 8 eafter. The rate of the tax on assumed reinsurance premiums shall be two 9 hundred twenty-five thousandths of one percent on all or any part of the 10 first twenty million dollars of premiums, one hundred and fifty thou- 11 sandths of one percent on all or any part of the second twenty million 12 dollars of premiums, fifty thousandths of one percent on all or any part 13 of the third twenty million dollars of premiums and twenty-five thou- 14 sandths of one percent on each dollar of premiums thereafter. The tax 15 imposed by this section shall be equal to the greater of (i) the sum of 16 the tax imposed on gross direct premiums and the tax imposed on assumed 17 reinsurance premiums or (ii) five thousand dollars. 18 § 6. This act shall take effect immediately. 19 PART OO 20 Section 1. Section 321 of the agriculture and markets law, as amended 21 by chapter 158 of the laws of 2018, is amended to read as follows: 22 § 321. Statement of legislative findings and intent. It is hereby 23 found and declared that agricultural lands are irreplaceable state 24 assets. In an effort to maintain the economic viability, and environ- 25 mental and landscape preservation values associated with agriculture, 26 the state must explore ways to sustain the state's valuable farm economy 27 [and to protect] by protecting farm operations and the associated land 28 base [associated with it] and supporting local and regional food 29 systems. External pressures on farm stability such as population growth 30 [in non-metropolitan areas], climate change, lack of access to afforda- 31 ble farmland, and public infrastructure development pose a significant 32 threat to farm operations, yet are the pressures over which farmers have 33 the least control. Local initiatives in agricultural protection policy, 34 facilitated by the agricultural districts program established in article 35 twenty-five-AA of this chapter, have proved effective as a basic step in 36 addressing these pressures. In an effort to encourage further develop- 37 ment of agricultural and farmland protection programs, and to recognize 38 both the crucial role that local government plays in developing these 39 strategies, plus the state constitutional directive to the legislature 40 to provide for the protection of agricultural lands, it is therefore 41 declared the policy of the state to promote local initiatives for agri- 42 cultural and farmland protection. 43 § 2. Subdivision 1 of section 322 of the agriculture and markets law, 44 as amended by chapter 158 of the laws of 2018, is amended to read as 45 follows: 46 1. "Agricultural and farmland protection" means [the preservation] 47 local government initiatives to: preserve, [conservation] conserve, 48 [management] manage or [improvement of] improve lands which are part of 49 viable farming operations, for the purpose of encouraging such lands to 50 remain in agricultural production[. Such preservation efforts include] 51 including the use of farmland protection conservation easements [and52purchase of development rights.]; and activities which support local and 53 regional food systems.S. 3008 106 A. 3008 1 § 3. Subdivisions 6 and 7 of section 322 of the agriculture and 2 markets law, as added by chapter 158 of the laws of 2018, are amended to 3 read as follows: 4 6. "Farmer-purchaser farmland protection agreement" means preemptive 5 purchase rights or other provisions that are part of or linked to a 6 farmland protection conservation easement providing the easement holder 7 the preferential right to purchase protected farmland at its agricul- 8 tural use value in the event the landowner intends to sell such farmland 9 to a purchaser who does not intend to maintain the land in [commercial] 10 agricultural production and who does not have the requisite farming 11 experience and farming income to demonstrate, in a manner acceptable to 12 the department, a good faith plan to maintain the land in [commercial] 13 agricultural production. The purpose of such provisions is to ensure 14 that farmer-purchasers who would maintain protected farmland in [commer-15cial] agricultural production can afford such farmland that might other- 16 wise be sold at a higher price to other purchasers. 17 7. "Agricultural use value" means the fair market value of a property 18 that is restricted by an easement to its productive [commercial] agri- 19 cultural use value rather than the highest and/or best potential use 20 value for residential or other non-agricultural purposes. 21 § 4. Section 322 of the agriculture and markets law is amended by 22 adding three new subdivisions 8, 9 and 10 to read as follows: 23 8. "Local and regional food systems" means a collaborative network 24 that integrates sustainable production, processing, distribution, and 25 consumption of human food, and the associated management of wastes orig- 26 inating from within this network, in order to enhance the environmental, 27 economic, and social health of a particular area. 28 9. "Local food supply chain" means all processes involved in the local 29 movement of human foods from the farm to the consumer, including market- 30 ing, markets, distribution, aggregation, processing, packaging, purchas- 31 ing, preparation, resource recovery, and waste disposal. 32 10. "Urban agriculture" means the production, processing, distrib- 33 ution, and marketing of food within urban, suburban, and peri-urban 34 (i.e., on the perimeter of urban areas) areas for commercial, non-com- 35 mercial, educational, or not-for-profit purposes. 36 § 5. Section 324 of the agriculture and markets law, as added by chap- 37 ter 797 of the laws of 1992 and paragraph (c) of subdivision 1 as 38 amended by chapter 248 of the laws of 2015, is amended to read as 39 follows: 40 § 324. County agricultural and farmland protection plans. 1. County 41 agricultural and farmland protection boards may develop plans, in coop- 42 eration with the local soil and water conservation district and soil 43 conservation service, which shall include, but not be limited to: 44 (a) the location of any land or areas proposed to be protected; 45 (b) an analysis of the following factors concerning any areas and 46 lands proposed to be protected: 47 (i) value to the agricultural economy of the county; 48 (ii) open space value; 49 (iii) consequences of possible conversion; [and] 50 (iv) level of conversion pressure on the lands or areas proposed to be 51 protected; and 52 (v) the degree to which the lands or areas proposed to be protected 53 serve as a buffer for a significant public resource; and 54 (c) a description of the activities, programs and strategies, includ- 55 ing efforts to support the successful transfer of agricultural land from 56 existing owners to new owners and operators, especially new and begin-S. 3008 107 A. 3008 1 ning farmers, intended to be used by the county to promote continued 2 agricultural use, and to sustain a resilient local food supply chain 3 within local and regional food systems, which may include but not be 4 limited to revisions to the county's comprehensive plan pursuant to 5 section two hundred thirty-nine-d or two hundred thirty-nine-i of the 6 general municipal law[.]; and 7 (d) identification of potential funding sources for each of the activ- 8 ities, programs and strategies identified in the plan, which shall 9 include public and private sources. 10 2. The county agricultural and farmland protection board shall conduct 11 at least one public hearing for public input regarding such agricultural 12 and farmland protection plan, and shall thereafter submit such plan to 13 the county legislative body for its approval. 14 3. The county agricultural protection plan must be submitted by the 15 county to the commissioner for approval. 16 4. (a) Subject to the availability of funds, state assistance payments 17 shall be made available for counties to conduct agricultural and farm- 18 land protection planning activities. State assistance payments for plan- 19 ning shall not exceed fifty thousand dollars to each county or one 20 hundred thousand dollars to two such counties applying jointly, and 21 shall not exceed fifty percent of the cost of preparing an agricultural 22 and farmland protection plan. 23 (b) A county which has an approved agricultural and farmland 24 protection plan may after sixty months from the date of such approval by 25 the commissioner apply for additional state assistance payments for 26 planning activities related to the updating of their current plan or 27 development of a new agricultural and farmland protection plan. Such 28 additional state assistance payments shall not exceed fifty thousand 29 dollars to each county whether applying individually or if two or more 30 counties are applying jointly, and shall not exceed fifty percent of the 31 cost of preparing an agricultural and farmland protection plan. 32 (c) A county or two or more counties acting jointly shall apply for 33 state assistance payments for agricultural and farmland protection plan- 34 ning activities in such manner as the commissioner may prescribe. 35 § 6. Section 324-a of the agriculture and markets law, as added by 36 chapter 527 of the laws of 2005 and paragraph (c) of subdivision 1 as 37 amended by chapter 248 of the laws of 2015, is amended to read as 38 follows: 39 § 324-a. Municipal agricultural and farmland protection plans. 1. 40 Municipalities may develop agricultural and farmland protection plans, 41 in cooperation with cooperative extension and other organizations, 42 including local farmers. These plans shall include, but not be limited 43 to: 44 (a) the location of any land or areas proposed to be protected; 45 (b) an analysis of the following factors concerning any areas and 46 lands proposed to be protected: 47 (i) value to the agricultural economy of the municipality; 48 (ii) open space value; 49 (iii) consequences of possible conversion; [and] 50 (iv) level of conversion pressure on the lands or areas proposed to be 51 protected; and 52 (v) the degree to which the lands or areas proposed to be protected 53 serve as a buffer for a significant public resource; and 54 (c) a description of activities, programs and strategies, including 55 efforts to support the successful transfer of agricultural land from 56 existing owners to new owners and operators, especially new and begin-S. 3008 108 A. 3008 1 ning farmers, intended to be used by the municipality to promote contin- 2 ued agricultural use, and to sustain a resilient local food supply chain 3 within local and regional food systems, which may include but not be 4 limited to revisions to the municipality's comprehensive plan pursuant 5 to section two hundred seventy-two-a of the town law, section twenty- 6 eight-a of the general city law, or section 7-722 of the village law as 7 appropriate[.]; and 8 (d) identification of potential funding sources for each of the 9 activities, programs and strategies identified in the plan, which shall 10 include public and private sources. 11 2. The municipality shall conduct at least one public hearing for 12 public input regarding such agricultural and farmland protection plan, 13 and shall thereafter submit such plan to the municipal legislative body 14 and the county agricultural farmland protection board for approval if 15 such board exists in the county where the municipality is located. 16 3. The municipal agricultural and farmland protection plan must be 17 submitted by the municipality to the commissioner for approval. 18 4. (a) Subject to the availability of funds, state assistance payments 19 shall be made available for municipalities to conduct agricultural and 20 farmland protection planning activities. State assistance payments for 21 planning activities shall not exceed forty thousand dollars to each 22 municipality other than a county whether applying individually or if two 23 or more municipalities are applying jointly, and shall not exceed seven- 24 ty-five percent of the cost of preparing an agricultural and farmland 25 protection plan. State assistance payments for planning activities 26 conducted by the city of New York shall not exceed two hundred thousand 27 dollars, and shall not exceed seventy-five percent of the cost of 28 preparing an agricultural and farmland protection plan. 29 (b) A municipality which has an approved agricultural and farmland 30 protection plan may after sixty months from the date of such approval by 31 the commissioner apply for additional state assistance payments for 32 planning activities related to the updating of their current plan or 33 development of a new agricultural and farmland protection plan. Such 34 additional state assistance payments shall not exceed forty thousand 35 dollars to each municipality other than a county whether applying indi- 36 vidually or if two or more municipalities are applying jointly, and 37 shall not exceed seventy-five percent of the cost of preparing an agri- 38 cultural and farmland protection plan. State assistance payments to the 39 city of New York for planning activities to update an agricultural and 40 farmland protection plan shall not exceed two hundred thousand dollars, 41 and shall not exceed seventy-five percent of the cost of preparing an 42 agricultural and farmland protection plan. 43 (c) A municipality or two or more municipalities acting jointly shall 44 apply for state assistance payments for agricultural and farmland 45 protection planning activities in such manner as the commissioner may 46 prescribe. 47 § 7. Section 325 of the agriculture and markets law, as amended by 48 chapter 413 of the laws of 1996, subdivision 1 as amended, paragraph (c) 49 of subdivision 2 as added, and paragraphs (d) and (e) of subdivision 2 50 as relettered by chapter 150 of the laws of 2013, subdivision 2 as 51 amended by chapter 93 of the laws of 2010, paragraphs (b) and (d) of 52 subdivision 2 as amended by chapter 234 of the laws of 2010, paragraph 53 (f) of subdivision 2 as added by chapter 355 of the laws of 2014, and 54 paragraph (g) of subdivision 2 as added by chapter 158 of the laws of 55 2018, is amended to read as follows:S. 3008 109 A. 3008 1 § 325. [Agricultural] State assistance payments for agricultural and 2 farmland protection projects. 1. Subject to the availability of funds, 3 a program is hereby established to finance through state assistance 4 payments the state share of the costs of locally-led agricultural and 5 farmland protection [activities] projects. [State assistance payments6for planning activities shall not exceed fifty thousand dollars to each7county agricultural and farmland protection board or one hundred thou-8sand dollars to two such boards applying jointly, and shall not exceed9fifty percent of the cost of preparing an agricultural and farmland10protection plan. State assistance payments for planning activities shall11not exceed twenty-five thousand dollars to each municipality other than12a county or fifty thousand dollars to two such municipalities applying13jointly, and shall not exceed seventy-five percent of the cost of14preparing an agricultural and farmland protection plan. A county which15has an approved farmland protection plan may after one hundred twenty16months from the date of such approval by the commissioner apply for17additional state assistance payments for planning activities related to18the updating of their current plan or development of a new farmland19protection plan. Such additional state assistance payments shall not20exceed fifty thousand dollars to each county agricultural and farmland21protection board or one hundred thousand dollars to two such boards22applying jointly, and shall not exceed fifty percent of the cost of23preparing an agricultural and farmland protection plan. State assistance24payments for implementation of approved agricultural and farmland25protection plans may fund up to seventy-five percent of the cost of26implementing the county plan or portion of the plan for which state27assistance payments are requested. State assistance payments to such28counties shall not exceed seventy-five percent of the cost of implement-29ing the local plan or portion of the plan for which state assistance has30been requested. Such maximum shall be increased by a percentage equal to31the percentage of the total eligible costs for such specified projects32that are contributed by the owner of the agricultural land for which the33project is being funded, provided, however, that in no event shall the34total of such state assistance payments exceed eighty-seven and one-half35percent of such eligible costs for any specified project.] 36 2. (a) [A county agricultural and farmland protection board, two such37boards acting jointly, a municipality or two such municipalities acting38jointly shall make application to the commissioner in such manner as the39commissioner may prescribe. Application for state assistance payments40for planning activities may be made at any time after the county agri-41cultural and farmland protection board has formed and has elected a42chairperson.] A county [agricultural and farmland protection board] may 43 make application for state assistance payments for plan implementation 44 at any time after the commissioner has approved a county agricultural 45 and farmland protection plan pursuant to section three hundred twenty- 46 four of this article. Application made jointly by two [county agricul-47tural and farmland protection boards] or more counties may be made after 48 such agricultural and farmland protection plan is approved by each coun- 49 ty pursuant to the provisions of section three hundred twenty-four of 50 this article. State assistance payments to such counties shall not 51 exceed seventy-five percent of the cost of implementing the county agri- 52 cultural and farmland protection plan or portion of the plan for which 53 state assistance has been requested. Such maximum shall be increased by 54 a percentage equal to the percentage of the total eligible costs for 55 agricultural and farmland protection projects that are contributed by 56 the owner of the agricultural land for which the project is being fund-S. 3008 110 A. 3008 1 ed; provided, however, that in no event shall the total of such state 2 assistance payments exceed eighty-seven and one-half percent of such 3 eligible costs for any agricultural and farmland protection project. The 4 commissioner may require such information or additional planning as [he5or she deems] they deem necessary to evaluate such a request for state 6 assistance. 7 (b) Within a county, a municipality which has in place a local agri- 8 cultural and farmland protection plan may apply and shall be eligible 9 for [agricultural protection] state assistance payments to implement its 10 plan, or a portion of its plan, provided the proposed project is 11 endorsed for funding by the agricultural and farmland protection board 12 for the county in which the municipality is located [and that any]. Any 13 plan developed on or after January first, two thousand six [complies] 14 must comply with section three hundred twenty-four-a of this article. 15 State assistance payments to such municipalities shall not exceed seven- 16 ty-five percent of the cost of implementing the local plan or portion of 17 the plan for which state assistance has been requested. Such maximum 18 shall be increased by a percentage equal to the percentage of the total 19 eligible costs for [such specified] agricultural and farmland protection 20 projects that are contributed by the owner of the agricultural land for 21 which the project is being funded; provided, however, that in no event 22 shall the total of such state assistance payments exceed eighty-seven 23 and one-half percent of such eligible costs for any [specified] agricul- 24 tural and farmland protection project. The commissioner may require such 25 information or additional planning as [he or she deems] they deem neces- 26 sary to evaluate such a request for state assistance. 27 (c) A soil and water conservation district may apply and shall be 28 eligible for agricultural protection state assistance payments to imple- 29 ment a county or municipal agricultural and farmland protection plan 30 approved by the commissioner provided that the proposed project is 31 endorsed for funding by the county agricultural and farmland protection 32 board for the county in which the proposed project is located. A soil 33 and water conservation district, two such soil and water conservation 34 districts acting jointly, a soil and water conservation district and a 35 municipality acting jointly, or a soil and water conservation district 36 and a not-for-profit conservation organization acting jointly shall make 37 application to the commissioner in such manner as the commissioner may 38 prescribe. The proposed project must also be endorsed for funding by the 39 municipality in which the proposed project is located if the soil and 40 water conservation district is seeking agricultural protection state 41 assistance payments to implement an approved municipal agricultural and 42 farmland protection plan. Any soil and water conservation district 43 proposing a project located within the city of New York must have its 44 project endorsed for funding by the city council or by any board so 45 delegated by its city council. State assistance payments to such soil 46 and water conservation districts shall not exceed seventy-five percent 47 of the cost of implementing the local plan or portion of the plan for 48 which state assistance has been requested. Such maximum shall be 49 increased by a percentage equal to the percentage of the total eligible 50 costs for [such specified] agricultural and farmland protection projects 51 that are contributed by the owner of the agricultural land for which the 52 project is being funded; provided, however, that in no event shall the 53 total of such state assistance payments exceed eighty-seven and one-half 54 percent of such eligible costs for any [specified] agricultural and 55 farmland protection project. The commissioner may require such informa-S. 3008 111 A. 3008 1 tion or additional planning as [he or she deems] they deem necessary to 2 evaluate such a request for state assistance. 3 (d) A not-for-profit conservation organization may apply and shall be 4 eligible for agricultural protection state assistance payments to imple- 5 ment a county or municipal agricultural and farmland protection plan 6 approved by the commissioner provided that the proposed project is 7 endorsed for funding by the [county agricultural and farmland protection8board] legislative body for the [county] municipality in which the 9 proposed project is located[. The proposed project must also be endorsed10for funding by the municipality in which the proposed project is11located] if the not-for-profit conservation organization is seeking 12 [agricultural protection state assistance payments to implement] 13 payments for an agricultural and farmland protection project consistent 14 with an approved municipal agricultural and farmland protection plan. 15 Any not-for-profit conservation organization proposing a project located 16 within the city of New York must have its project endorsed for funding 17 by the city council or by any board so delegated by its city council. 18 State assistance payments to such not-for-profit organizations shall not 19 exceed seventy-five percent of the cost of implementing the [local plan20or portion of the plan] agricultural and farmland protection project for 21 which state assistance has been requested. Such maximum shall be 22 increased by a percentage equal to the percentage of the total eligible 23 costs for [such specified] agricultural and farmland protection projects 24 that are contributed by the owner of the agricultural land for which the 25 project is being funded; provided, however, that in no event shall the 26 total of such state assistance payments exceed eighty-seven and one-half 27 percent of such eligible costs for any [specified] agricultural and 28 farmland protection project. The commissioner may require such informa- 29 tion or additional planning as [he or she deems] they deem necessary to 30 evaluate such a request for state assistance. 31 (e) In evaluating applications for funding, the commissioner shall 32 give priority to projects intended to preserve viable agricultural land 33 as defined in section three hundred one of this chapter; that are in 34 areas facing significant development pressure; and that serve as a buff- 35 er for a significant natural public resource containing important 36 ecosystem or habitat characteristics. 37 (f) In evaluating applications for funding, the commissioner shall 38 consider whether future physical climate risk due to sea level rise, 39 and/or storm surges and/or flooding, based on available data predicting 40 the likelihood of future extreme weather events, including hazard risk 41 analysis data if applicable, has been considered. 42 (g) In evaluating applications for funding, projects for protecting 43 agricultural land that include farmer-purchaser farmland protection 44 agreements are eligible for state assistance payments. 45 3. Upon receipt of a request for state assistance, the commissioner 46 shall review the request, consult with the advisory council on agricul- 47 ture and, within ninety days from the receipt of a complete application, 48 shall make a determination as to whether or not such projects shall 49 receive state assistance. 50 § 8. Subdivisions 2 and 6 of section 325-a of the agriculture and 51 markets law, as added by chapter 268 of the laws of 2008, are amended to 52 read as follows: 53 2. Awards of state assistance payments shall be made on a competitive 54 basis through a request for proposal process which shall set forth the 55 standards for the selection process, the required proposal format, the 56 costs which are eligible for funding, reporting requirements, and suchS. 3008 112 A. 3008 1 other provisions as the commissioner may deem necessary, proper or 2 desirable to achieve the purposes of this section. Applications for 3 state assistance payments for activities to assist counties and munici- 4 palities outside the city of New York must be endorsed by the agricul- 5 tural and farmland protection board for the county or counties in which 6 the funded activities would be implemented. Any application associated 7 with activities occurring within the city of New York must be endorsed 8 for funding by the city council or by any board so delegated by its city 9 council. 10 6. State assistance payments awarded pursuant to this section shall 11 not exceed [fifty] seventy-five thousand dollars to any applicant in any 12 fiscal year[, and shall not exceed five hundred thousand dollars to all13applicants in any fiscal year]. 14 § 9. The agriculture and markets law is amended by adding two new 15 sections 325-b and 325-c to read as follows: 16 § 325-b. State assistance payments to counties. 1. Subject to the 17 availability of funds, a program is hereby established for the purpose 18 of awarding state assistance payments to counties to implement activ- 19 ities of their approved agricultural and farmland protection plans other 20 than agricultural and farmland protection projects funded pursuant to 21 section three hundred twenty-five of this article. State assistance 22 payments to such counties shall not exceed seventy-five percent of the 23 cost of implementing the activities for which state assistance has been 24 requested. The commissioner may require such information deemed neces- 25 sary to evaluate such a request for state assistance. Eligible activ- 26 ities shall include, but not be limited to: 27 (a) audit a municipality's land use and subdivision regulations, 28 zoning, or site plan requirements to assess potential hardship or unrea- 29 sonable restrictions to agricultural land and farm operations; 30 (b) audit a municipality's zoning to assess opportunities and chal- 31 lenges to recruiting and retaining agriculture support service provid- 32 ers; 33 (c) incorporate local and regional food system planning into existing 34 emergency management and disaster plans of county and municipal govern- 35 ments; 36 (d) compile and disseminate planning guide or guides that help identi- 37 fy existing and emerging constraints for urban agriculture and suggested 38 strategies for municipalities to encourage and sustain urban agricul- 39 ture; 40 (e) compile and disseminate planning guide or guides in support of 41 agricultural economic development, such as opportunities to incorporate 42 agricultural tourism or other value-added enterprises to farm operations 43 in a manner compatible with agricultural land use; and 44 (f) compile and disseminate planning guide(s) that help identify 45 emerging land use conflicts with agriculture and suggested strategies 46 for municipalities to avoid or mitigate potential harm to local farm 47 operations. 48 § 325-c. State assistance payments for agricultural and farmland 49 protection capacity building initiatives. 1. Subject to the availability 50 of funds, state assistance payments may be awarded to counties, munici- 51 palities, soil and water conservation districts, and not-for-profit 52 conservation organizations to increase staff capacity to accelerate 53 locally-led agricultural and farmland protection projects. State 54 assistance payments may provide up to one hundred percent of the cost of 55 each awarded staff capacity initiative. The commissioner may require 56 such information as such commissioner deems necessary to evaluate such aS. 3008 113 A. 3008 1 request for state assistance. Any county, municipality, soil and water 2 conservation district, or not-for-profit conservation organization which 3 has previously received state assistance from an award from this program 4 may, after one hundred twenty months from the date of the final payment 5 associated with such prior award, apply for additional state assistance 6 payments for agricultural and farmland protection capacity building. 7 2. Subject to the availability of funds, state assistance payments may 8 be awarded to recently established not-for-profit conservation organiza- 9 tions to specifically carry out locally led agricultural and farmland 10 protection projects. State assistance payments may provide up to one 11 hundred percent of qualified five-year start-up costs for such not-for- 12 profit conservation organizations. The commissioner may require such 13 information as they deem necessary to evaluate such a request for state 14 assistance. 15 § 10. This act shall take effect immediately. 16 PART PP 17 Section 1. Subdivision 11 of section 27-1901 of the environmental 18 conservation law, as added by section 3 of part V1 of chapter 62 of the 19 laws of 2003, is amended to read as follows: 20 11. "Tire service" means any person or business [in New York state] 21 who sells or installs new tires for use on any vehicle and any person or 22 business who engages in the retail sale of new motor vehicles. [A person23who is not the end point of sale and any governmental agency or poli-24tical subdivision are excluded from this term] The United States of 25 America and any of its agencies and instrumentalities, and New York 26 state and any of its agencies, instrumentalities, public corporations, 27 or political subdivisions are excluded from this term. 28 § 2. Subdivision 1 and the opening paragraph of subdivision 2 of 29 section 27-1905 of the environmental conservation law, as amended by 30 section 1 of part MM of chapter 58 of the laws of 2022, are amended to 31 read as follows: 32 1. Until December thirty-first, two thousand [twenty-five] thirty, 33 accept from a customer, waste tires of approximately the same size and 34 in a quantity equal to the number of new tires purchased or installed by 35 the customer; and 36 Until December thirty-first, two thousand [twenty-five] thirty, post 37 written notice in a prominent location, which must be at least eight and 38 one-half inches by fourteen inches in size and contain the following 39 language: 40 § 3. Subdivisions 1, 2 and 3 of section 27-1913 of the environmental 41 conservation law, subdivisions 1 and 2 as amended by section 2 and 42 subdivision 3 as amended by section 3 of part MM of chapter 58 of the 43 laws of 2022, are amended to read as follows: 44 1. Until December thirty-first, two thousand [twenty-five] thirty, a 45 waste tire management and recycling fee of two dollars and fifty cents 46 shall be charged on each new tire sold. The fee shall be paid by the 47 purchaser to the tire service at the time the new tire or new motor 48 vehicle is purchased; provided, however, that the fee shall be paid by a 49 purchaser to a tire service upon installation of new tires unless the 50 purchaser can demonstrate that the fee was previously paid to the 51 seller. 52 The waste tire management and recycling fee does not apply to[:53(a)] recapped [or resold] tires[;54(b) mail-order sales; orS. 3008 114 A. 3008 1(c) the sale of new motor vehicle tires to a person solely for the2purpose of resale provided the subsequent retail sale in this state is3subject to such fee]. 4 2. Until December thirty-first, two thousand [twenty-five] thirty, the 5 tire service shall collect the waste tire management and recycling fee 6 from the purchaser at the time of the sale and shall remit such fee to 7 the department of taxation and finance with the quarterly report filed 8 pursuant to subdivision three of this section. 9 (a) The fee imposed shall be stated as an invoice item separate and 10 distinct from the selling price of the tire. 11 (b) The tire service shall be entitled to retain an allowance of twen- 12 ty-five cents per tire from fees collected. 13 3. Each tire service [maintaining a place of business in this state] 14 that is a "person required to collect tax" as defined in section eleven 15 hundred thirty-one of the tax law shall make a return to the department 16 of taxation and finance on such form and including such information as 17 the commissioner of taxation and finance may require. Such returns shall 18 be due at the same time and for the same periods as the sales tax return 19 of such tire service, in accordance with section eleven hundred thirty- 20 six of the tax law, and payment of all fees due for such periods shall 21 be remitted with such returns. 22 § 4. Paragraph (a) of subdivision 6 of section 27-1913 of the environ- 23 mental conservation law, as amended by section 2 of part MM of chapter 24 58 of the laws of 2022, is amended to read as follows: 25 (a) Until December thirty-first, two thousand [twenty-five] thirty, 26 any additional waste tire management and recycling costs of the tire 27 service in excess of the amount authorized to be retained pursuant to 28 paragraph (b) of subdivision two of this section may be included in the 29 published selling price of the new tire, or charged as a separate per- 30 tire charge on each new tire sold. When such costs are charged as a 31 separate per-tire charge: (i) such charge shall be stated as an invoice 32 item separate and distinct from the selling price of the tire; (ii) the 33 invoice shall state that the charge is imposed at the sole discretion of 34 the tire service; and (iii) the amount of such charge shall reflect the 35 actual cost to the tire service for the management and recycling of 36 waste tires accepted by the tire service pursuant to section 27-1905 of 37 this title, provided however, that in no event shall such charge exceed 38 two dollars and fifty cents on each new tire sold. 39 § 5. This act shall take effect September 1, 2025. 40 PART QQ 41 Section 1. Section 2 of part ZZ of chapter 55 of the laws of 2021 42 amending the environmental conservation law relating to establishing a 43 deer hunting pilot program, as amended by section 2 of part RR of chap- 44 ter 58 of the laws of 2023, is amended to read as follows: 45 § 2. This act shall take effect June 1, 2021 and shall expire and be 46 deemed repealed December 31, [2025] 2030. 47 § 2. This act shall take effect immediately. 48 PART RR 49 Section 1. Section 27-1301 of the environmental conservation law is 50 amended by adding four new subdivisions 8, 9, 10 and 11 to read as 51 follows:S. 3008 115 A. 3008 1 8. "Natural resource damages" means the amount of money sought as 2 compensation for injury to, destruction of, or loss of natural 3 resources, including the reasonable costs of assessing such injury, 4 destruction, or loss resulting from the disposal of hazardous waste at 5 an inactive hazardous waste disposal site, and including administrative 6 and legal costs. Damages may also include the value of the natural 7 resource services lost for the time period from the disposal until the 8 attainment of such restoration, rehabilitation, replacement, and/or 9 acquisition of equivalent natural resources. 10 9. "Natural resources" means land, fish, wildlife, biota, air, water, 11 and other such resources belonging to, managed by, held in trust by, 12 appertaining to, or otherwise controlled by the state or a municipality. 13 10. "Response costs" means the state's costs of developing, implement- 14 ing, and/or overseeing an inactive hazardous waste disposal site remedi- 15 al program. 16 11. "Responsible person" or "person responsible" for the disposal of 17 hazardous waste at a site means: 18 (a) any person who currently owns or operates a site or any portion 19 thereof; 20 (b) any person who owned or operated a site or any portion thereof at 21 the time of disposal of the hazardous waste; 22 (c) any person who generated any hazardous waste disposed at a site; 23 (d) any person who transported any hazardous waste to a site selected 24 by such person; 25 (e) any person who disposed of any hazardous waste at a site; 26 (f) any person who arranged for: 27 (i) the transportation of any hazardous waste to a site; or 28 (ii) the disposal of any hazardous waste at a site; and 29 (g) any other person who is responsible according to the applicable 30 principles of statutory or common law liability pursuant to subdivision 31 four of section 27-1313 of this title and/or the Comprehensive Environ- 32 mental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 33 9601 et seq. 34 § 2. Paragraph b of subdivision 2 of section 27-1305 of the environ- 35 mental conservation law, as amended by section 3 of part E of chapter 1 36 of the laws of 2003, is amended to read as follows: 37 b. The department shall, as part of the registry, assess and, based 38 upon new information received, reassess by March thirty-first of each 39 year, in cooperation with the department of health, the relative need 40 for action at each site to remedy environmental and health problems 41 resulting from the presence of hazardous wastes at such sites including 42 in such assessment whether sites shall be prioritized under paragraph b 43 of subdivision five of section 27-1313 of this title due to site 44 location in areas identified as a disadvantaged community pursuant to 45 subdivision five of section 75-0101 of this chapter; provided, however, 46 that if at the time of such assessment or reassessment, the department 47 has not placed a site in classification 1 or 2, as described in subpara- 48 graphs one and two of this paragraph, and such site is the subject of 49 negotiations for, or implementation of, a brownfield site cleanup agree- 50 ment pursuant to title fourteen of this article, obligating the person 51 subject to such agreement to, at a minimum, eliminate or mitigate all 52 significant threats to the public health and environment posed by the 53 hazardous waste pursuant to such agreement, the department shall defer 54 its assessment or reassessment during the period such person is engaged 55 in good faith negotiations to enter into such an agreement and, follow- 56 ing its execution, is in compliance with the terms of such agreement,S. 3008 116 A. 3008 1 and shall assess or reassess such site upon completion of remediation to 2 the department's satisfaction. In making its assessments, the department 3 shall place every site in one of the following classifications: 4 (1) Causing or presenting an imminent danger of causing irreversible 5 or irreparable damage to the public health or environment--immediate 6 action required; 7 (2) Significant threat to the public health or environment--action 8 required; 9 (3) Does not present a significant threat to the public health or 10 environment--action may be deferred; 11 (4) Site properly closed--requires continued management; 12 (5) Site properly closed, no evidence of present or potential adverse 13 impact--no further action required. The department shall prioritize 14 remedial programs at sites placed in classification 1 or 2, as described 15 in subparagraphs one and two of this paragraph, that are located in 16 disadvantaged communities as identified pursuant to subdivision five of 17 section 75-0101 of this chapter, consistent with the protection of 18 public health and the environment. 19 § 3. Paragraph b of subdivision 5 of section 27-1313 of the environ- 20 mental conservation law, as amended by chapter 857 of the laws of 1982, 21 is amended to read as follows: 22 b. In the event that the commissioner has found that hazardous wastes 23 at a site constitute a significant threat to the environment, but after 24 a reasonable attempt to determine who may be responsible is either 25 unable to determine who may be responsible, or is unable to locate a 26 person who may be responsible, the department may develop and implement 27 an inactive hazardous waste disposal site remedial program for such 28 site. The department shall prioritize implementation of remedial 29 programs at sites located in disadvantaged communities as identified 30 pursuant to subdivision five of section 75-0101 of this chapter. The 31 commissioner shall make every effort, in accordance with the require- 32 ments for notice, hearing and review provided for in this title, to 33 secure appropriate relief from any person subsequently identified or 34 located who is responsible for the disposal of hazardous waste at such 35 site, including, but not limited to, development and implementation of 36 an inactive hazardous waste disposal site remedial program, payment of 37 the cost of such a program, recovery of any reasonable expenses incurred 38 by the state, money damages and penalties. 39 § 4. Section 27-1315 of the environmental conservation law, as amended 40 by section 7 of part E of chapter 1 of the laws of 2003 and subdivision 41 1 as amended by section 50 of part D of chapter 60 of the laws of 2012, 42 is amended to read as follows: 43 § 27-1315. Rules and regulations. 44 1. The commissioner shall have the power to promulgate rules and regu- 45 lations necessary and appropriate to carry out the purposes of this 46 title. [Any regulations shall include provisions which establish the47procedures for a hearing pursuant to subdivision four of section 27-131348of this title and shall ensure a division of functions between the49commissioner, the staff who present the case, and any hearing officers50appointed. In addition, any regulations shall set forth findings to be51based on a factual record, which must be made before the commissioner52determines that a significant threat to the environment exists.] 53 2. Any regulations concerning a hearing pursuant to subdivision four 54 of section 27-1313 of this title shall include provisions which estab- 55 lish the procedures for such hearing and shall ensure a division of 56 functions between the commissioner, the staff who present the case, andS. 3008 117 A. 3008 1 any hearing officers appointed. In addition, any regulations shall set 2 forth findings to be based on a factual record, which shall be made 3 before the commissioner determines that a significant threat to the 4 environment exists. 5 3. Such rules and regulations of the department as shall be in effect 6 on the effective date of this subdivision that shall have been promul- 7 gated to carry out the purposes of this title shall be deemed to be 8 revised, as of the effective date of this subdivision, to include the 9 definition of "hazardous waste" as it appears in section 27-1301 of this 10 title. 11 § 5. Subdivision 2 of section 27-1323 of the environmental conserva- 12 tion law, as added by section 9 of part E of chapter 1 of the laws of 13 2003, is amended to read as follows: 14 2. Municipal exemption. (a) For the purposes of this title no munici- 15 pality or public corporation shall incur any liability [from any statu-16tory claims of the state as an owner or operator of a site, or a person17responsible for the disposal of a hazardous waste at such site, if such18public corporation acquired such site involuntarily, and such public19corporation retained such site without participating in the development20of such site] as a responsible person. 21 (b) This exemption shall not apply to any municipality or public 22 corporation that [has caused or contributed to the release or threatened23release of a hazardous waste from or onto the site, or to any public24corporation that generated, transported, or disposed of, arranged for,25or that caused the generation, transportation, or disposal of hazardous26waste, from or onto the site] through action or inaction, intentionally 27 or recklessly caused or contributed to contamination, outside of its 28 performance of governmental functions, which threatens public health or 29 the environment, at real property it owns or operates. 30 (c) When used in this section: 31 (1) "Public corporation" means a public corporation as defined in 32 section sixty-five of the general construction law, a local public 33 authority, supervisory district, improvement district within a county, 34 city, town, or village, or Indian nation or tribe recognized by the 35 state or the United States with a reservation wholly or partly within 36 the boundaries of New York state, or any combination thereof. 37 (2) "Involuntary acquisition of ownership or control" includes but is 38 not limited to the following: 39 (i) Acquisitions by a public corporation in its sovereign capacity, 40 including but not limited to acquisitions pursuant to abandonment 41 proceedings or bequest; 42 (ii) Acquisitions by a public corporation, or its agent, acting as a 43 conservator or receiver pursuant to a clear and direct statutory mandate 44 or regulatory authority; 45 (iii) Acquisitions of assets through foreclosure and its equivalents, 46 or otherwise, by a public corporation in the course of administering a 47 loan, loan guarantee, tax lien, or tax forbearance agreement, or loan 48 insurance program; or 49 (iv) Acquisitions by a public corporation pursuant to seizure, injunc- 50 tion, condemnation, or forfeiture authority; provided that such owner- 51 ship or control is not retained primarily for investment purposes. 52 (d) For the purpose of this section, the terms "foreclosure" and 53 "foreclose" mean, respectively, acquiring or to acquire a brownfield 54 site through: 55 (1) purchase at sale under a judgment or decree, power of sale, or 56 non-judicial foreclosure sale;S. 3008 118 A. 3008 1 (2) a deed in lieu of foreclosure, or similar conveyance, or abandon- 2 ment from a person or trustee; 3 (3) conveyance pursuant to an extension of credit or tax forbearance 4 previously contracted; or 5 (4) any other formal or informal manner by which a person acquires, 6 for subsequent disposition, title to or possession of a site in order to 7 protect the security interest of the public corporation or lender. 8 (e) ["Participating in development" means the carrying out, or causing9or permitting the carrying out, of any above-grade improvements to the10site or any other environmental investigation or remediation, except for11those improvements which are part of a site remedial program pursuant to12this article or in furtherance of site safety, such as fencing or light-13ing, but does not include licensing, regulatory oversight, or the mere14capacity to regulate or influence, or the unexercised right to control15the operation of the property. For purposes of this section, participat-16ing in development does not include:17(1) having the capacity to influence management of a site;18(2) having the unexercised right to control or to regulate the site or19operations thereof;20(3) holding, abandoning, or releasing a security interest or tax lien21on such site;22(4) including a condition relating to environmental compliance in a23contract, permit, license, or security agreement;24(5) monitoring or enforcing the terms and conditions of an agreement25or tax forbearance agreement;26(6) monitoring or undertaking one or more inspections of a site27including, but not limited to, boring test wells;28(7) exercising other remedies available under applicable laws;29(8) licensing, permitting, or granting permits, certificates of occu-30pancy and variances as allowed by law and/or regulation;31(9) applying for or participating in federal or state statutory32programs or benefits; or33(10) declining to take any of the actions described in subparagraphs34one through nine of this paragraph.35(f)] Any public corporation that has taken possession of a site shall 36 notify the department of any release of hazardous waste within ten days 37 of obtaining actual knowledge of such release, unless a shorter notice 38 period is required under any other provision of law, in which case the 39 shorter notice period controls. Failure to notify the department within 40 the ten day or shorter notification period shall result in the loss of 41 the exemption set forth in this section. 42 § 6. The environmental conservation law is amended by adding a new 43 section 27-1325 to read as follows: 44 § 27-1325. Financial responsibility provisions. 45 1. The department may promulgate regulations regarding financial 46 responsibility for the implementation of an inactive hazardous waste 47 disposal site remedial program. 48 2. Financial responsibility required by subdivision one of this 49 section may be established in accordance with regulations promulgated by 50 the commissioner by any one, or any combination, of the following: 51 insurance, guarantee, surety bond, letter of credit, or qualification as 52 a self-insurer. In promulgating requirements under this section, the 53 commissioner is authorized to specify policy or other contractual terms, 54 conditions, or defenses which are necessary or are unacceptable in 55 establishing such evidence of financial responsibility in order to 56 effectuate the purposes of this article.S. 3008 119 A. 3008 1 3. In any case where the responsible party is in bankruptcy, reorgan- 2 ization, or arrangement pursuant to the Federal Bankruptcy Code or 3 where, with reasonable diligence, jurisdiction in any state or federal 4 court within the state cannot be obtained over a responsible party like- 5 ly to be solvent at the time of judgment, any claim arising from conduct 6 for which evidence of financial responsibility shall be provided under 7 this section may be asserted directly against the guarantor providing 8 such evidence of financial responsibility. In the case of any action 9 pursuant to this subdivision, such guarantor shall be entitled to invoke 10 all rights and defenses which would have been available to the responsi- 11 ble party if any action had been brought against the responsible party 12 by the claimant and which would have been available to the guarantor if 13 an action had been brought against the guarantor by the responsible 14 party. 15 4. The total liability of any guarantor shall be limited to the aggre- 16 gate amount which the guarantor has provided as evidence of financial 17 responsibility to the responsible party under this chapter. Nothing in 18 this subdivision shall be construed to limit any other state or federal 19 statutory, contractual or common law liability of a guarantor to its 20 responsible party including, but not limited to, the liability of such 21 guarantor for bad faith either in negotiating or in failing to negotiate 22 the settlement of any claim. Nothing in this subdivision shall be 23 construed to diminish the liability of any person under section 27-1313 24 of this article or other applicable law. 25 5. For the purpose of this section, the term "guarantor" means any 26 person, other than the responsible party, who provides evidence of 27 financial responsibility for a responsible party under this section. 28 § 7. The environmental conservation law is amended by adding a new 29 section 27-1327 to read as follows: 30 § 27-1327. Recovery of response costs and natural resource damages. 31 1. Each responsible person as defined in section 27-1313 of this title 32 shall be strictly liable, jointly and severally, for all response costs 33 and for all natural resource damages resulting from the disposal of 34 hazardous waste at an inactive hazardous waste disposal site. The 35 commissioner may commence an action in a court of competent jurisdiction 36 to recover the response costs and/or natural resource damages. The 37 commissioner shall prioritize securing relief or other action at sites 38 placed in classification 1 or 2, as described in subparagraphs one and 39 two of paragraph b of subdivision two of section 27-1305 of this title, 40 that are located in disadvantaged communities as identified pursuant to 41 subdivision five of section 75-0101 of this chapter. 42 2. A determination or assessment of natural resource damages for the 43 purposes of this section made or adopted by the commissioner in accord- 44 ance with any applicable regulations promulgated under section 27-1315 45 of this title or under section 9651(c) of title 42 of the United States 46 Code shall have the force and effect of a rebuttable presumption on 47 behalf of the commissioner in any judicial proceeding. 48 3. In an action to recover response costs and/or natural resource 49 damages, the commissioner may also seek civil penalties under section 50 71-2705 of this chapter. 51 4. All amounts received to satisfy liability for natural resource 52 damages shall be credited to the department's natural resource damages 53 fund to be used exclusively to pay or reimburse costs of assessing 54 natural resource damages and restore, replace, and/or acquire the equiv- 55 alent of the affected natural resources. The measure of compensation for 56 injury to, destruction of, or loss of natural resources is the cost of:S. 3008 120 A. 3008 1 (a) restoration or rehabilitation of the injured natural resources to 2 a condition where they can provide the level of services available had 3 the disposal of hazardous waste not occurred; or 4 (b) the replacement and/or acquisition of equivalent natural 5 resources capable of providing such services. 6 5. The state shall have a lien for all response costs incurred by the 7 state and for all natural resource damages for which a judicial determi- 8 nation of liability has been made upon such real property located within 9 the state: 10 (a) owned by a person liable to the state for such response costs 11 and/or natural resource damages under this title at the time a notice of 12 environmental lien is filed; and 13 (b) upon which the disposal of hazardous wastes occurred. 14 6. An environmental lien shall attach when: 15 (a) response costs are incurred by the state and/or a judicial judg- 16 ment of liability for natural resource damages is entered; 17 (b) the responsible person fails to pay such costs within ninety days 18 after a written demand therefor by the state is mailed by certified or 19 registered mail, return receipt requested, and/or fails to pay such 20 natural resource damages within ninety days after entry of judgment; and 21 (c) a notice of environmental lien is filed by the department as 22 provided in paragraph (a) of subdivision ten of this section; provided, 23 however, that a copy of the notice of environmental lien is served upon 24 the owner of the real property subject to the environmental lien within 25 thirty days of such filing in accordance with the provisions of section 26 eleven of the lien law. 27 7. (a) An environmental lien shall continue against the real property 28 until: 29 (i) the claim or judgment against the person referred to in subdivi- 30 sion one of this section for response costs and/or natural resource 31 damages is satisfied or becomes unenforceable; 32 (ii) the lien is released by the commissioner pursuant to this subdi- 33 vision; 34 (iii) the lien is discharged by payment of monies into court; or 35 (iv) the lien is otherwise vacated by court order. 36 (b) Upon the occurrence of any event under subparagraphs (i) through 37 (iv) of paragraph (a) of this subdivision, except where the lien is 38 vacated by court order, the commissioner shall execute the release of an 39 environmental lien and file the release as provided in subdivision nine 40 of this section. The commissioner may release an environmental lien 41 where: 42 (i) a legally enforceable agreement satisfactory to the commissioner 43 has been executed relating to the response costs and/or natural resource 44 damages that are the subject of the lien or reimbursing the state for 45 such response costs and/or natural resource damages; or an owner or 46 operator of the site subject to the lien agrees to perform remedial 47 work, site management, or other in-kind services of sufficient value to 48 the commissioner; or 49 (ii) the attachment or enforcement of the environmental lien is deter- 50 mined by the commissioner not to be in the public interest. 51 8. An environmental lien is subject to the rights of any other person, 52 including an owner, purchaser, holder of a mortgage or security inter- 53 est, or judgment lien creditor, whose interest is perfected before a 54 lien notice has been filed as provided in subdivision ten of this 55 section. 56 9. A notice of environmental lien shall state:S. 3008 121 A. 3008 1 (a) that the lienor is the state of New York; 2 (b) the name of the record owner of the real property on which the 3 environmental lien has attached; 4 (c) the real property subject to the lien, with a description thereof 5 sufficient for identification; 6 (d) that the real property described in the notice is the property 7 upon which a disposal of hazardous wastes occurred and that response 8 costs have been incurred by the lienor and/or that natural resource 9 damages have been judicially determined to be due to the lienor as a 10 result of such disposal; 11 (e) that the owner is potentially liable for response costs and/or 12 subject to a judgment for natural resource damages pursuant to this 13 title; and 14 (f) that an environmental lien has attached to the described real 15 property. 16 10. (a) A notice of environmental lien shall be filed in the clerk's 17 office of the county where the property is situated. If such property is 18 situated in two or more counties, the notice of environmental lien shall 19 be filed in the office of the clerk of each of such counties. The notice 20 of lien shall be indexed by the county clerk in accordance with the 21 provisions of section ten of the lien law. The notice of lien shall be 22 served upon the owner of the real property subject to the lien in 23 accordance with the provisions of section eleven of the lien law. 24 (b) A release of an environmental lien shall be filed in the clerk's 25 office of each county where the notice of environmental lien was filed 26 and shall be indexed in the manner prescribed for indexing environmental 27 liens. 28 11. An environmental lien may be enforced against the property speci- 29 fied in the notice of environmental lien, and an environmental lien may 30 be vacated or discharged, as prescribed in article three of the lien 31 law; provided, however, that nothing in this article or in article three 32 of the lien law shall affect the right of the state to bring an action 33 to recover response costs and/or natural resource damages under section 34 one hundred seven of the federal comprehensive environmental recovery, 35 compensation and liability act (42 U.S.C. § 9601 et seq). 36 12. Amounts received by the administrator to satisfy all or part of an 37 environmental lien for response costs shall be deposited in the depart- 38 ment's hazardous waste remedial fund, and amounts received to satisfy 39 all or part of an environmental lien for natural resource damages shall 40 be deposited in the department's natural resource damages fund. 41 13. (a) An owner or operator of an inactive hazardous waste disposal 42 site whose liability under this title and/or 42 U.S.C. § 9607 et seq. 43 arises solely from being considered an owner or operator of such site 44 shall not be liable as long as it can demonstrate that one or more of 45 the affirmative defenses in paragraph (a) of subdivision four of section 46 27-1323 of this title applies, and the owner or operator does not impede 47 the performance of a response action or natural resource restoration. 48 (b) If there are unrecovered response costs incurred by the department 49 at an inactive hazardous waste disposal site for which an owner or oper- 50 ator of the site is not liable by reason of paragraph (a) of this subdi- 51 vision, and if each of the conditions described in paragraph (c) of this 52 subdivision is met, the department shall have a lien on the facility, or 53 may by agreement with the owner or operator, obtain from the owner or 54 operator a lien on any other property or other assurance of payment 55 satisfactory to the department, for the unrecovered response costs.S. 3008 122 A. 3008 1 (c) The conditions referred to in paragraph (b) of this subdivision 2 are the following: 3 (i) A response action for which there are unrecovered costs of the 4 department is carried out at the inactive hazardous waste disposal site. 5 (ii) The response action increases the fair market value of the site 6 above the fair market value of the site that existed before the response 7 action was initiated. 8 (d) A lien under paragraph (b) of this subdivision: 9 (i) shall be in an amount not to exceed the increase in fair market 10 value of the property attributable to the response action at the time of 11 a sale or other disposition of the property; 12 (ii) shall arise at the time at which costs are first incurred by the 13 department with respect to a response action at the site; 14 (iii) shall be subject to the requirements of subdivisions seven, 15 eight, and nine of this section; and 16 (iv) shall continue until the earlier of: 17 (A) satisfaction of the lien by sale or other means; or 18 (B) recovery of all response costs incurred at the site. 19 § 8. The environmental conservation law is amended by adding a new 20 section 27-1329 to read as follows: 21 § 27-1329. Abatement actions. 22 1. Maintenance, jurisdiction, etc. When the commissioner determines 23 that there may be an imminent danger to the health or welfare of the 24 people of the state or the environment, or results in or is likely to 25 result in irreversible or irreparable damage to natural resources 26 because of an actual or threatened release of a hazardous substance from 27 an inactive hazardous waste disposal site, the commissioner may request 28 the attorney general to secure such relief as may be necessary to abate 29 such danger or threat and to grant such relief as the public interest 30 and the equities of the case may require. The commissioner may also take 31 other action under this section including, but not limited to, issuing 32 such orders as may be necessary to protect public health and welfare and 33 the environment. 34 2. Fines; reimbursement. (a) Any person who, without sufficient cause, 35 fails or refuses to comply with, any order of the commissioner under 36 subdivision one of this section may, in an action brought in the appro- 37 priate court of competent jurisdiction to enforce such order, be fined 38 not more than thirty-seven thousand five hundred dollars for each day in 39 which such violation occurs or such failure to comply continues. 40 (b) (i) Any person who receives and complies with the terms of any 41 order issued under subdivision one of this section may, within sixty 42 days after completion of the required action, petition the commissioner 43 for reimbursement from the hazardous waste remedial fund pursuant to 44 section ninety-seven-b of the state finance law for the reasonable costs 45 of such action, plus interest. Any interest payable under this subpara- 46 graph shall accrue on the amounts expended from the date of expenditure 47 at the same rate as specified for interest on investments of the hazard- 48 ous substance superfund established under subchapter A of chapter 98 of 49 title 26 of the federal comprehensive environmental response, compen- 50 sation, and liability act. 51 (ii) If the commissioner refuses to grant all or part of a petition 52 made under this paragraph, the petitioner may within thirty days of 53 receipt of such refusal file an action against the department pursuant 54 to article seventy-eight of the civil practice law and rules. 55 (iii) Except as provided in subparagraph (iv) of this paragraph, to 56 obtain reimbursement, the petitioner shall establish by a preponderanceS. 3008 123 A. 3008 1 of the evidence that such petitioner is not liable for response costs 2 under section 27-1313 of this title and that costs for which such peti- 3 tioner seeks reimbursement are reasonable in light of the action 4 required by the relevant order. 5 (iv) A petitioner under subparagraph (i) of this paragraph may also 6 recover its reasonable costs of response to the extent that such peti- 7 tioner can demonstrate, on the administrative record, that the commis- 8 sioner's decision in selecting the response action ordered was arbitrary 9 and capricious or was otherwise not in accordance with law. Reimburse- 10 ment awarded under this subparagraph shall include all reasonable 11 response costs incurred by the petitioner pursuant to the portions of 12 the order found to be arbitrary and capricious or otherwise not in 13 accordance with law. 14 (v) Reimbursement awarded by a court under subparagraph (iii) or (iv) 15 of this paragraph may include appropriate costs, fees, and other 16 expenses in accordance with section eighty-six hundred one of the civil 17 practice law and rules. 18 § 9. Subdivisions 1 and 4 of section 97-b of the state finance law, 19 subdivision 1 as amended by section 3 of part AA of chapter 58 of the 20 laws of 2018 and subdivision 4 as amended by chapter 38 of the laws of 21 1985, are amended to read as follows: 22 1. There is hereby established in the custody of the state comptroller 23 a nonlapsing revolving fund to be known as the "hazardous waste remedial 24 fund", which shall consist of a "site investigation and construction 25 account", an "industry fee transfer account", an "environmental restora- 26 tion project account", a "hazardous waste cleanup account", and a 27 "hazardous waste remediation oversight and assistance account". 28 4. [No] With respect to moneys in the hazardous waste cleanup account, 29 no moneys shall be available from the fund pursuant to paragraph (a) of 30 subdivision three of this section unless the commissioner of environ- 31 mental conservation finds that all reasonable efforts to secure volun- 32 tary agreement to pay the costs of necessary remedial actions from 33 owners or operators of inactive hazardous waste sites or other responsi- 34 ble persons have been made except where the commissioner of environ- 35 mental conservation has made findings pursuant to paragraph b of subdi- 36 vision three of section 27-1313 of the environmental conservation law 37 [or where]; the commissioner of health has declared a condition danger- 38 ous to life or health and made findings pursuant to paragraph (b) of 39 subdivision three of section one thousand three hundred eighty-nine-b of 40 the public health law; the commissioner of health or the commissioner of 41 environmental conservation has determined that immediate action in the 42 form of a remedial investigation and/or an interim remedial measure is 43 necessary to abate a threat to the public health or the environment; or 44 the site is owned by the state or the state is a responsible person. 45 § 10. Paragraphs (a) and (j) of subdivision 3 of section 97-b of the 46 state finance law, paragraph (a) as amended by section 4 of part I of 47 chapter 1 of the laws of 2003 and paragraph (j) as amended by section 5 48 of part T of chapter 57 of the laws of 2017, are amended and a new para- 49 graph (k) is added to read as follows: 50 (a) inactive hazardous waste disposal site remedial programs pursuant 51 to section 27-1313 of the environmental conservation law and section 52 thirteen hundred eighty-nine-b of the public health law, including sites 53 that are owned by the state; 54 (j) with respect to moneys in the hazardous waste remediation over- 55 sight and assistance account, technical assistance grants pursuant toS. 3008 124 A. 3008 1 titles thirteen and fourteen of article twenty-seven of the environ- 2 mental conservation law; and 3 (k) with respect to moneys in the hazardous waste remediation over- 4 sight and assistance account, oversight expenditures for ensuring the 5 continued maintenance and operation of engineering controls pursuant to 6 subdivision seven of section 27-1415 of the environmental conservation 7 law. 8 § 11. Subdivision 3 of section 1285-q of the public authorities law, 9 as amended by section 43 of part BB of chapter 56 of the laws of 2015, 10 is amended to read as follows: 11 3. The maximum amount of bonds that may be issued for the purpose of 12 financing hazardous waste site remediation projects and environmental 13 restoration projects authorized by this section shall not exceed [two] 14 three billion [two] four hundred fifty million dollars [and shall not15exceed one hundred million dollars for appropriations enacted for any16state fiscal year], provided that the bonds not issued for such appro- 17 priations may be issued pursuant to reappropriation in subsequent fiscal 18 years. No bonds shall be issued for the repayment of any new appropri- 19 ation enacted after March thirty-first, two thousand [twenty-six] thir- 20 ty-six for hazardous waste site remediation projects authorized by this 21 section. Amounts authorized to be issued by this section shall be exclu- 22 sive of bonds issued to fund any debt service reserve funds, pay costs 23 of issuance of such bonds, and bonds or notes issued to refund or other- 24 wise repay bonds or notes previously issued. Such bonds and notes of the 25 corporation shall not be a debt of the state, and the state shall not be 26 liable thereon, nor shall they be payable out of any funds other than 27 those appropriated by this state to the corporation for debt service and 28 related expenses pursuant to any service contracts executed pursuant to 29 subdivision one of this section, and such bonds and notes shall contain 30 on the face thereof a statement to such effect. 31 § 12. This act shall take effect immediately. 32 PART SS 33 Section 1. Subdivision 1 of section 391-u of the general business law, 34 as added by chapter 88 of the laws of 2020, is amended by adding a new 35 paragraph (h) to read as follows: 36 (h) "Intentionally added" shall have the same meaning as "inten- 37 tionally added chemical" in subdivision four of section 37-0121 of the 38 environmental conservation law. 39 § 2. Paragraph (b) of subdivision 4 of section 391-u of the general 40 business law, as added by chapter 88 of the laws of 2020, is amended to 41 read as follows: 42 (b) A manufacturer that produces, sells, or distributes a class B 43 firefighting foam prohibited under subdivision three of this section 44 shall recall [the] such product, which [includes] at any time has been 45 manufactured, sold, offered for sale, or distributed for sale or use. 46 Such recall shall include collection, transport, treatment, storage, and 47 safe [disposal, after the implementation date of the restrictions set48forth in subdivision three of this section] destruction of PFAS chemi- 49 cals through or by a method approved by the department of environmental 50 conservation and [reimburse] reimbursement of the retailer or any other 51 purchaser for the product. 52 § 3. Subdivision 5 of section 391-u of the general business law, as 53 added by chapter 88 of the laws of 2020, is amended by adding a new 54 paragraph (c) to read as follows:S. 3008 125 A. 3008 1 (c) Beginning January first, two thousand twenty-eight, a manufacturer 2 or other person that sells firefighting personal protective equipment to 3 a person, local government, or state agency shall not manufacture, know- 4 ingly sell, offer for sale, distribute for sale or distribute for use in 5 the state any firefighting personal protective equipment containing 6 intentionally added PFAS chemicals. 7 § 4. This act shall take effect immediately. 8 PART TT 9 Section 1. This act enacts into law major components of legislation 10 necessary for related land acquisition for conservation purposes. Each 11 component is wholly contained within a Subpart identified as Subparts A 12 through B. The effective date for each particular provision contained 13 within such Subpart is set forth in the last section of such Subpart. 14 Any provision in any section contained within a Subpart, including the 15 effective date of the Subpart, which makes a reference to a section "of 16 this act", when used in connection with that particular component, shall 17 be deemed to mean and refer to the corresponding section of the Subpart 18 in which it is found. Section three of this act sets forth the general 19 effective date of this act. 20 SUBPART A 21 Section 1. Subdivision 1 of section 3-0305 of the environmental 22 conservation law, as added by chapter 727 of the laws of 1978, is 23 amended to read as follows: 24 1. The commissioner when moneys therefor have been appropriated by 25 the legislature or are otherwise available, may acquire any real proper- 26 ty which [he] such commissioner deems necessary for any of the purposes 27 or functions of the department, by purchase or as provided in the 28 eminent domain procedure law. Title to such real property shall be 29 taken in the name of and be vested in the people of the state of New 30 York. No real property, except conservation easements, shall be so 31 acquired by purchase unless the title thereto is approved by the attor- 32 ney general. The terms "property" or "real property" as used in this 33 section shall mean "real property" as defined by section one hundred 34 three of the eminent domain procedure law. 35 § 2. This act shall take effect immediately. 36 SUBPART B 37 Section 1. Section 1405 of the tax law is amended by adding a new 38 subdivision (c) to read as follows: 39 (c) Conveyances of real property for open space, parks, or historic 40 preservation purposes to any not-for-profit tax exempt corporation oper- 41 ated for conservation, environmental, parks or historic preservation 42 purposes shall be exempt from payment of additional taxes imposed pursu- 43 ant to section fourteen hundred five-A of this article. 44 § 2. This act shall take effect immediately. 45 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 46 sion, section, subpart or part of this act shall be adjudged by any 47 court of competent jurisdiction to be invalid, such judgment shall not 48 affect, impair, or invalidate the remainder thereof, but shall be 49 confined in its operation to the clause, sentence, paragraph, subdivi- 50 sion, section, subpart or part thereof directly involved in the contro-S. 3008 126 A. 3008 1 versy in which such judgment shall have been rendered. It is hereby 2 declared to be the intent of the legislature that this act would have 3 been enacted even if such invalid provisions had not been included here- 4 in. 5 § 3. This act shall take effect immediately provided, however, that 6 the applicable effective date of Subparts A through B of this act shall 7 be as specifically set forth in the last section of such Subpart. 8 PART UU 9 Section 1. Subdivision 7 of section 13-0331 of the environmental 10 conservation law, as amended by chapter 243 of the laws of 2022, is 11 amended to read as follows: 12 7. The department may, until December thirty-first, two thousand 13 [twenty-four] twenty-nine, fix by regulation measures for the management 14 of crabs of any kind including horseshoe crabs (Limulus sp.), including 15 minimum and maximum size limits, catch and possession limits, open and 16 closed seasons including lunar closures, closed areas, restrictions on 17 the manner of taking and landing including a prohibition on the harvest 18 of crabs in amplexus, requirements for permits and eligibility therefor, 19 recordkeeping requirements, requirements on the amount and type of fish- 20 ing effort and gear, and requirements relating to transportation, 21 possession and sale, provided that such regulations are no less restric- 22 tive than requirements set forth in this chapter and provided further 23 that such regulations are consistent with the compliance requirements of 24 applicable fishery management plans adopted by the Atlantic States 25 Marine Fisheries Commission and with applicable provisions of fishery 26 management plans adopted pursuant to the Federal Fishery Conservation 27 and Management Act (16 U.S.C. § 1800 et seq.). 28 § 2. This act shall take effect immediately. 29 PART VV 30 Section 1. Expenditures of moneys by the New York state energy 31 research and development authority for services and expenses of the 32 energy research, development and demonstration program, including 33 grants, the energy policy and planning program, and the Fuel NY program 34 shall be subject to the provisions of this section. Notwithstanding the 35 provisions of subdivision 4-a of section 18-a of the public service law, 36 all moneys committed or expended in an amount not to exceed $35,725,000 37 shall be reimbursed by assessment against gas corporations, as defined 38 in subdivision 11 of section 2 of the public service law and electric 39 corporations as defined in subdivision 13 of section 2 of the public 40 service law, where such gas corporations and electric corporations have 41 gross revenues from intrastate utility operations in excess of $500,000 42 in the preceding calendar year, and the total amount assessed shall be 43 allocated to each electric corporation and gas corporation in proportion 44 to its intrastate electricity and gas revenues in the calendar year 45 2023. Such amounts shall be excluded from the general assessment 46 provisions of subdivision 2 of section 18-a of the public service law. 47 The chair of the public service commission shall bill such gas and/or 48 electric corporations for such amounts on or before August 10, 2025 and 49 such amounts shall be paid to the New York state energy research and 50 development authority on or before September 10, 2025. Upon receipt, 51 the New York state energy research and development authority shall 52 deposit such funds in the energy research and development operating fundS. 3008 127 A. 3008 1 established pursuant to section 1859 of the public authorities law. The 2 New York state energy research and development authority is authorized 3 and directed to: (1) transfer up to $4 million to the state general fund 4 for climate change related services and expenses of the department of 5 environmental conservation from the funds received; and (2) commencing 6 in 2016, provide to the chair of the public service commission and the 7 director of the budget and the chairs and secretaries of the legislative 8 fiscal committees, on or before August first of each year, an itemized 9 record, certified by the president and chief executive officer of the 10 authority, or such chief executive officer's designee, detailing any and 11 all expenditures and commitments ascribable to moneys received as a 12 result of this assessment by the chair of the department of public 13 service pursuant to section 18-a of the public service law. This item- 14 ized record shall include an itemized breakdown of the programs being 15 funded by this section and the amount committed to each program. The 16 authority shall not commit for any expenditure, any moneys derived from 17 the assessment provided for in this section, until the chair of such 18 authority shall have submitted, and the director of the budget shall 19 have approved, a comprehensive financial plan encompassing all moneys 20 available to and all anticipated commitments and expenditures by such 21 authority from any source for the operations of such authority. Copies 22 of the approved comprehensive financial plan shall be immediately 23 submitted by the chair to the chairs and secretaries of the legislative 24 fiscal committees. Any such amount not committed by such authority to 25 contracts or contracts to be awarded or otherwise expended by the 26 authority during the fiscal year shall be refunded by such authority on 27 a pro-rata basis to such gas and/or electric corporations, in a manner 28 to be determined by the department of public service, and any refund 29 amounts must be explicitly lined out in the itemized record described 30 above. 31 § 2. This act shall take effect immediately and shall be deemed to 32 have been in full force and effect on and after April 1, 2025. 33 PART WW 34 Section 1. Section 103 of the abandoned property law is amended by 35 adding a new subdivision (j) to read as follows: 36 (j) "Energy services company" or "ESCO" shall mean an entity eligible 37 to sell energy services to end-use customers using the transmission or 38 distribution system of a utility. 39 § 2. Subdivision (f) of section 103 of the abandoned property law, as 40 amended by chapter 498 of the laws of 1944 and relettered by chapter 908 41 of the laws of 1974, is amended to read as follows: 42 (f) "Utility services" means gas, electricity or steam supplied by a 43 gas, electric, gas and electric or district steam corporation or an 44 energy services company, telephone, telegraph or other service furnished 45 by a telephone, telegraph or telegraph and telephone corporation, water 46 supplied by a waterworks corporation, or appliances, equipment, instal- 47 lations, fixtures or appurtenances rented by any such corporation or 48 company. 49 § 3. Section 400 of the abandoned property law, the opening paragraph 50 of subdivision 1 as amended by chapter 498 of the laws of 1944, para- 51 graphs (a) and (b) of subdivision 1 as amended by chapter 78 of the laws 52 of 1976, and paragraph (c) of subdivision 1 as amended by chapter 833 of 53 the laws of 1963, is amended to read as follows:S. 3008 128 A. 3008 1 § 400. Unclaimed deposits and refunds for utility services. 1. The 2 following unclaimed moneys held or owing by a gas corporation, an elec- 3 tric corporation, a gas and electric corporation, a district steam 4 corporation, an energy services company, a telegraph corporation, a 5 telephone corporation, a telegraph and telephone corporation, or a 6 waterworks corporation, shall be deemed abandoned property: 7 (a) Any deposit made by a consumer or subscriber with such a corpo- 8 ration or company to secure the payment for utility services furnished 9 by such corporation or company, or the amount of such deposit after 10 deducting any sums due to such corporation or company by such consumer 11 or subscriber, together with any interest due thereon, which shall have 12 remained unclaimed by the person or persons appearing to be entitled 13 thereto for two years after the termination of the utility services to 14 secure the payment of which such deposit was made, or, if during such 15 two year period utility services are furnished by such corporation or 16 company to such consumer or subscriber and such deposit is held by such 17 corporation or company to secure payment therefor, for two years after 18 the termination of such utility services. 19 (b) Any amount paid by a consumer or subscriber to such a corporation 20 or company in advance or in anticipation of utility services furnished 21 or to be furnished by such corporation or company which in fact is not 22 furnished, after deducting any sums due to such corporation or company 23 by such consumer or subscriber for utility services in fact furnished, 24 which shall have remained unclaimed by the person or persons appearing 25 to be entitled thereto for two years after the termination of the utili- 26 ty services for which such amount was paid in advance or in antic- 27 ipation, or, if during such period utility services are furnished by 28 such corporation or company to such consumer or subscriber and such 29 amount is applied to the payment in advance or in anticipation of such 30 utility services, for two years after the termination of such utility 31 services. 32 (c) The amount of any refund of excess or increased rates or charges 33 heretofore or hereafter collected by any such corporation or company for 34 utility services lawfully furnished by such corporation or company which 35 has been or shall hereafter lawfully be ordered refunded to a consumer 36 or other person or persons entitled thereto, together with any interest 37 due thereon, less any lawful deductions, which shall have remained 38 unclaimed by the person or persons entitled thereto for two years from 39 the date it became payable in accordance with the final determination or 40 order providing for such refund. 41 2. Any such abandoned property held or owing by such a corporation or 42 company to which the right to receive the same is established to the 43 satisfaction of such corporation or company shall cease to be deemed 44 abandoned. 45 § 4. Subdivision 1 of section 402 of the abandoned property law, as 46 amended by section 11 of part A of chapter 61 of the laws of 2011, is 47 amended to read as follows: 48 1. Every such corporation or company shall cause to be published, on 49 or before the first day of September in each year, a notice entitled: 50 "NOTICE OF CERTAIN UNCLAIMED PROPERTY HELD BY (name of corporation or 51 company)." 52 § 5. Paragraph (a) of subdivision 3 of section 402 of the abandoned 53 property law is amended to read as follows: 54 (a) that a report of unclaimed amounts of money or other property held 55 or owing by it has been made to the state comptroller and that a list of 56 the names of the person or persons appearing from the records of suchS. 3008 129 A. 3008 1 corporation or company to be entitled thereto is on file and open to 2 public inspection at its principal office or place of business in any 3 city, village or county where any such abandoned property is payable; 4 § 6. Subdivision 4 of section 402 of the abandoned property law is 5 amended to read as follows: 6 4. Such corporation or company shall file with the state comptroller 7 on or before the tenth day of September in each year proof by affidavit 8 of such publication. 9 § 7. Section 403 of the abandoned property law, as amended by section 10 12 of part A of chapter 61 of the laws of 2011, is amended to read as 11 follows: 12 § 403. Payment of abandoned property. 1. In such succeeding month of 13 October, and on or before the tenth day thereof, every such corporation 14 or company shall pay to the state comptroller all property which, as of 15 the first day of July next preceding, was deemed abandoned pursuant to 16 section four hundred of this article, held or owing by such corporation 17 or company. 18 2. Such payment shall be accompanied by a true and accurate report 19 setting forth such information as the state comptroller may require 20 relating to such abandoned property including: 21 (a) as to abandoned property specified in paragraphs (a) and (b) of 22 subdivision one of section four hundred of this article: 23 (i) the name and last known address of each depositor or subscriber 24 appearing from the records of such corporation or company to be entitled 25 to receive any such abandoned property; 26 (ii) the date when the deposit was made or amount paid; 27 (iii) the amount of such deposit or payment; 28 (iv) the date when utility services furnished to such consumer or 29 subscriber ceased; 30 (v) any sums due and unpaid to the corporation or company by such 31 consumer or subscriber, with interest thereon from the date of termi- 32 nation of service; 33 (vi) the amount of interest due upon such deposit or payment on any 34 balance thereof that has remained with such corporation or company and 35 not been credited to such consumer's or subscriber's account; 36 (vii) the amount of such abandoned property; and 37 (viii) such other identifying information as the state comptroller may 38 require. 39 (b) as to abandoned property specified in paragraph (c) of subdivision 40 one of section four hundred of this article: 41 (i) the name and last known address of each person appearing from the 42 records of such corporation or company to be entitled to receive the 43 same; 44 (ii) the amount appearing from such records to be due each such 45 person; 46 (iii) the date payment became due; and 47 (iv) such other identifying information as the state comptroller may 48 require. 49 3. Such report shall be in such form and the abandoned property listed 50 shall be classified in such manner as the state comptroller may 51 prescribe. Names of persons entitled to such abandoned property appear- 52 ing in such report shall be listed in alphabetical order within each 53 such classification. 54 § 8. This act shall take effect immediately. 55 PART XXS. 3008 130 A. 3008 1 Section 1. Expenditures of moneys appropriated to the department of 2 agriculture and markets from the special revenue funds-other/state oper- 3 ations, miscellaneous special revenue fund-339, public service account 4 shall be subject to the provisions of this section. Notwithstanding any 5 other provision of law to the contrary, direct and indirect expenses 6 relating to the department of agriculture and markets' participation in 7 general ratemaking proceedings pursuant to section 65 of the public 8 service law or certification proceedings or permits issued pursuant to 9 article 7, 8, or 10 of the public service law, shall be deemed expenses 10 of the department of public service within the meaning of section 18-a 11 of the public service law. 12 § 2. Expenditures of moneys appropriated to the department of state 13 from the special revenue funds-other/state operations, miscellaneous 14 special revenue fund-339, public service account shall be subject to the 15 provisions of this section. Notwithstanding any other provision of law 16 to the contrary, direct and indirect expenses relating to the activities 17 of the department of state's utility intervention unit pursuant to 18 subdivision 4 of section 94-a of the executive law, including, but not 19 limited to participation in general ratemaking proceedings pursuant to 20 section 65 of the public service law or certification proceedings or 21 permits issued pursuant to article 7, 8, or 10 of the public service 22 law, shall be deemed expenses of the department of public service within 23 the meaning of section 18-a of the public service law. 24 § 3. Expenditures of moneys appropriated to the office of parks, 25 recreation and historic preservation from the special revenue funds- 26 other/state operations, miscellaneous special revenue fund-339, public 27 service account shall be subject to the provisions of this section. 28 Notwithstanding any other provision of law to the contrary, direct and 29 indirect expenses relating to the office of parks, recreation and 30 historic preservation's participation in general ratemaking proceedings 31 pursuant to section 65 of the public service law or certification 32 proceedings or permits issued pursuant to article 7, 8, or 10 of the 33 public service law, shall be deemed expenses of the department of public 34 service within the meaning of section 18-a of the public service law. 35 § 4. Expenditures of moneys appropriated to the department of environ- 36 mental conservation from the special revenue funds-other/state oper- 37 ations, environmental conservation special revenue fund-301, utility 38 environmental regulation account shall be subject to the provisions of 39 this section. Notwithstanding any other provision of law to the contra- 40 ry, direct and indirect expenses relating to the department of environ- 41 mental conservation's participation in state energy policy proceedings, 42 or certification proceedings or permits issued pursuant to article 7, 8, 43 or 10 of the public service law, shall be deemed expenses of the depart- 44 ment of public service within the meaning of section 18-a of the public 45 service law. 46 § 5. Notwithstanding any other law, rule or regulation to the contra- 47 ry, expenses of the department of health public service education 48 program incurred pursuant to appropriations from the cable television 49 account of the state miscellaneous special revenue funds shall be deemed 50 expenses of the department of public service. 51 § 6. Any expense deemed to be expenses of the department of public 52 service pursuant to sections one through four of this act shall not be 53 recovered through assessments imposed upon telephone corporations as 54 defined in subdivision 17 of section 2 of the public service law.S. 3008 131 A. 3008 1 § 7. This act shall take effect immediately and shall be deemed to 2 have been in full force and effect on and after April 1, 2025 and shall 3 expire and be deemed repealed April 1, 2030. 4 PART YY 5 Section 1. Paragraph a of subdivision 1 of section 765 of the general 6 business law, as amended by section 6 of part X of chapter 57 of the 7 laws of 2013, is amended to read as follows: 8 a. Failure to comply with any provision of this article shall subject 9 an excavator or an operator to a civil penalty of up to [two thousand10five hundred] five thousand dollars for the first violation and up to an 11 additional [ten] twenty thousand dollars for each succeeding violation 12 that occurs within a twelve month period. 13 § 2. Paragraph c of subdivision 1 of section 765 of the general busi- 14 ness law, as amended by chapter 445 of the laws of 1995, is amended to 15 read as follows: 16 c. An action to recover a penalty under this article may be brought in 17 the supreme court in the judicial district in which the violation was 18 alleged to have occurred which shall be commenced and prosecuted by the 19 attorney general. The public service commission shall, pursuant to 20 section one hundred nineteen-b of the public service law, forward to the 21 attorney general its determination of the amount of the penalty for 22 violations or rules and regulations adopted to implement the require- 23 ments of this article. Upon receipt of such determination, the attorney 24 general may commence an action to recover such penalty. All moneys 25 recovered in any such action, together with the costs thereof, and all 26 moneys recovered as the result of any such public service commis- 27 sion determination shall be paid into the [state treasury to the credit28of the general fund] environmental protection fund established pursuant 29 to section ninety-two-s of the state finance law. 30 § 3. Subdivision 3 of section 92-s of the state finance law, as 31 amended by chapter 734 of the laws of 2021, is amended to read as 32 follows: 33 3. Such fund shall consist of the amount of revenue collected within 34 the state from the amount of revenue, interest and penalties deposited 35 pursuant to section fourteen hundred twenty-one of the tax law, the 36 amount of fees and penalties received from easements or leases pursuant 37 to subdivision fourteen of section seventy-five of the public lands law 38 and the money received as annual service charges pursuant to section 39 four hundred four-n of the vehicle and traffic law, all moneys required 40 to be deposited therein from the contingency reserve fund pursuant to 41 section two hundred ninety-four of chapter fifty-seven of the laws of 42 nineteen hundred ninety-three, all moneys required to be deposited 43 pursuant to section thirteen of chapter six hundred ten of the laws of 44 nineteen hundred ninety-three, repayments of loans made pursuant to 45 section 54-0511 of the environmental conservation law, all moneys to be 46 deposited from the Northville settlement pursuant to section one hundred 47 twenty-four of chapter three hundred nine of the laws of nineteen 48 hundred ninety-six, provided however, that such moneys shall only be 49 used for the cost of the purchase of private lands in the core area of 50 the central Suffolk pine barrens pursuant to a consent order with the 51 Northville industries signed on October thirteenth, nineteen hundred 52 ninety-four and the related resource restoration and replacement plan, 53 the amount of penalties required to be deposited therein by section 54 71-2724 of the environmental conservation law, all moneys required to beS. 3008 132 A. 3008 1 deposited pursuant to article thirty-three of the environmental conser- 2 vation law, all fees collected pursuant to subdivision eight of section 3 70-0117 of the environmental conservation law, all moneys collected 4 pursuant to title thirty-three of article fifteen of the environmental 5 conservation law, beginning with the fiscal year commencing on April 6 first, two thousand thirteen, nineteen million dollars, and all fiscal 7 years thereafter, twenty-three million dollars plus all funds received 8 by the state each fiscal year in excess of the greater of the amount 9 received from April first, two thousand twelve through March thirty- 10 first, two thousand thirteen or one hundred twenty-two million two 11 hundred thousand dollars, from the payments collected pursuant to subdi- 12 vision four of section 27-1012 of the environmental conservation law and 13 all funds collected pursuant to section 27-1015 of the environmental 14 conservation law, all moneys required to be deposited pursuant to 15 sections 27-2805 and 27-2807 of the environmental conservation law, all 16 moneys collected pursuant to section 71-2730 of the environmental 17 conservation law, all moneys required to be deposited pursuant to 18 section seven hundred sixty-five of the general business law, all moneys 19 required to be deposited pursuant to section 27-3205 of the environ- 20 mental conservation law, and all other moneys credited or transferred 21 thereto from any other fund or source pursuant to law. All such revenue 22 shall be initially deposited into the environmental protection fund, for 23 application as provided in subdivision five of this section. 24 § 4. This act shall take effect immediately; provided, however, that 25 the amendments to paragraph c of subdivision 1 of section 765 of the 26 general business law made by section two of this act shall take effect 27 on the same date as the reversion of such paragraph as provided in 28 section 4 of chapter 522 of the laws of 2000, as amended. 29 PART ZZ 30 Section 1. Subdivision (a) of section 314 of the tax law, as amended 31 by chapter 190 of the laws of 1990, is amended to read as follows: 32 (a) General.--Except in accordance with proper judicial order or as 33 otherwise provided by law, it shall be unlawful for any tax commission- 34 er, any officer or employee of the department of taxation and finance, 35 or any person who, pursuant to this section, is permitted to inspect any 36 return, or to whom any information contained in any return is furnished, 37 or any person engaged or retained by such department on an independent 38 contract basis, or any person who in any manner may acquire knowledge of 39 the contents of a return filed pursuant to this article, to divulge or 40 make known in any manner the amount of income or gross receipts or any 41 particulars set forth or disclosed in any return under this article. The 42 officers charged with the custody of such returns shall not be required 43 to produce any of them or evidence of anything contained in them in any 44 action or proceeding in any court, except on behalf of the state or the 45 commissioner of taxation and finance in an action or proceeding under 46 the provisions of this chapter or in any other action or proceeding 47 involving the collection of a tax due under this chapter to which the 48 state or the commissioner is a party or a claimant, or on behalf of any 49 party to any action or proceeding under the provisions of this article 50 when the returns or facts shown thereby are directly involved in such 51 action or proceeding, in any of which events the court may require the 52 production of, and may admit in evidence, so much of said returns or of 53 the facts shown thereby as are pertinent to the action or proceeding and 54 no more. The commissioner may, nevertheless, publish a copy or a summaryS. 3008 133 A. 3008 1 of any determination or decision rendered after the formal hearing 2 provided for in this chapter. Nothing herein shall be construed to 3 prohibit the delivery to a petroleum business or its duly authorized 4 representative of a copy of any return filed by it, nor to prohibit the 5 publication of statistics so classified as to prevent the identification 6 of particular returns and the items thereof, or the disclosure of data 7 other than taxpayer identity information from a return or returns of one 8 or more petroleum or fossil fuel businesses to the department of envi- 9 ronmental conservation or the New York state energy research and devel- 10 opment authority for the purpose of implementing the climate leadership 11 and community protection act, chapter one hundred six of the laws of two 12 thousand nineteen, promulgation of regulations thereunder, and achieve- 13 ment of the statewide greenhouse gas emission limits, as defined and 14 established in article seventy-five of the environmental conservation 15 law, or the publication of delinquent lists showing the names of petro- 16 leum businesses who have failed to pay their taxes at the time and in 17 the manner provided by section three hundred eight of this article 18 together with any relevant information which in the opinion of the 19 commissioner may assist in the collection of such delinquent taxes; or 20 the inspection by the attorney general or other legal representatives of 21 the state of the return of any petroleum business which shall bring 22 action to set aside or review the tax based thereon, or against whom an 23 action or proceeding under this chapter has been recommended by the 24 commissioner or the attorney general or has been instituted; or the 25 inspection of the returns of any petroleum business by the comptroller 26 or duly designated officer or employee of the state department of audit 27 and control, for purposes of the audit of a refund of any tax paid by 28 such petroleum business under this article. Provided, further, nothing 29 herein shall be construed to prohibit the disclosure of taxpayer identi- 30 ty information, including name, mailing address and taxpayer identifying 31 number (social security account number, or such other number as has been 32 assigned by the secretary of the United States treasury or [his] such 33 secretary's delegate, or by the commissioner of taxation and finance), 34 with respect to persons who are registered as residual petroleum product 35 or aviation fuel businesses under this article or as distributors of 36 motor fuel or diesel motor fuel or kero-jet fuel only for the purpose of 37 article twelve-A of this chapter or this article, whose registration as 38 a residual petroleum product business or as such distributor has been 39 cancelled or suspended pursuant to this article or such article twelve-A 40 or whose application for registration as a residual petroleum product 41 business or as such distributor has been refused pursuant to this arti- 42 cle or such article twelve-A. In addition, the commissioner may disclose 43 the fact that a person is not registered as a residual petroleum busi- 44 ness under this article or as a distributor of motor fuel, diesel motor 45 fuel or kero-jet fuel only under article twelve-A of this chapter. 46 Information disclosed pursuant to this subdivision shall not, by itself, 47 be construed as proof of compliance or noncompliance with the provisions 48 of this chapter. 49 § 2. This act shall take effect immediately. 50 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 51 sion, section or part of this act shall be adjudged by any court of 52 competent jurisdiction to be invalid, such judgment shall not affect, 53 impair, or invalidate the remainder thereof, but shall be confined in 54 its operation to the clause, sentence, paragraph, subdivision, section 55 or part thereof directly involved in the controversy in which such judg- 56 ment shall have been rendered. It is hereby declared to be the intent ofS. 3008 134 A. 3008 1 the legislature that this act would have been enacted even if such 2 invalid provisions had not been included herein. 3 § 3. This act shall take effect immediately provided, however, that 4 the applicable effective date of Parts A through ZZ of this act shall be 5 as specifically set forth in the last section of such Parts.
Policy Tracker
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2025-2026 state fiscal year; relates to the waterfront commission act; makes amendments to change "applicant" to "licensee or registrant" (Part A); provides for mass transportation payments to the Central New York Regional Transportation District; adds Cortland county to such district (Part B); relates to extending the authorization for a pre-licensing course internet program (Part C); increases the value of a motor vehicle considered abandoned which can become property of the local authority the vehicle is abandoned in (Part D); extends provisions of law relating to certain tax increment financing provisions (Part I); relates to certain provisions regarding labor disputes involving the Metropolitan Transportation Authority (Part J); relates to the acquisitions or transfers of property for certain transit projects; extends the effectiveness of certain provisions of law relating thereto (Part K); relates to funding for net paratransit operating expenses for the city of New York and the metropolitan transportation authority and makes permanent certain provisions of law relating thereto (Part L); provides funding for the metropolitan transportation authority 2025-2029 capital program (Part M); establishes a demonstration program on certain covered locations to enforce vehicle weight restriction on such interstate by means of mobile or stationary weigh in motion systems (Part N); authorizes a photo monitoring program for the Triborough bridge and tunnel authority and New York state bridge authority; extends provisions relating to certain notices of liability (Part Q); relates to the effectiveness of the New York state health insurance continuation assistance demonstration project (Part S); authorizes the Olympic regional development authority to enter into agreements for membership of one or more of its ski venues in reciprocal ski pass programs where such members are required to guarantee contractual indemnity up to a capped amount (Part T); regulates artificial intelligence companion models; establishes a suicide prevention fund (Part U); relates to refund policies for online retailers (Part V); enhances disclosure requirements for automatic renewals (Part W); requires disclosure of algorithmically set prices for goods and services (Part X); relates to the regulation of buy-now-pay-later lenders; requires such lenders to be licensed or authorized; establishes prohibited acts, limitations on loans, and consumer protections (Part Y); establishes reporting requirements for pharmacy benefit managers about the rebate contracts between pharmacy benefit managers and drug manufacturers (Part Z); provides for rate increases for hire motor vehicle insurance (Part CC); extends the authority of the New York state urban development to administer the empire state economic development fund (Part EE); extends the power of the New York state urban development corporation to make loans to 07/01/2026 (Part FF); extends the authority of the dormitory authority to enter into certain design and construction management agreements (Part GG); expands certain provisions of the state finance law and the New York state infrastructure trust fund; directs a policy study analyzing ways to improve the effectiveness of the minority and women-owned business enterprise program (Part KK); increases the cap on the amount of money authorized to be on deposit pursuant to the excelsior linked deposit program at any given time (Part LL); relates to purchasing thresholds for minority- or women-owned businesses or service-disabled veteran-owned businesses (Part MM); authorizes the New York convention center operating corporation to establish a subsidiary for the purposes of forming a pure captive insurance company (Part NN); extends the waste tire management fee until December 31, 2027; requires notice of the waste tire management and recycling program to be provided to customers; removes the exclusion for mail order sales (Part PP); extends provisions of the deer hunting program to 2028 (Part QQ); relates to financial responsibility, recovery of response costs and natural resource damages, and abatement actions relating to disposal of inactive hazardous waste (Part RR); relates to the recall of a class B firefighting foam; prohibits the sale or distribution of firefighting personal protective equipment that contains intentionally added PFAS; directs the department of environmental conservation to make a recommendation to the legislature on whether to postpone the effectiveness of such provisions (Part SS); exempts conveyances of real property for open space, parks, or historic preservation purposes to any not-for-profit corporation operated for conservation, environmental, parks or historic preservation purposes (Part TT); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, Fuel NY program, climate change related expenses of the department of environmental conservation from an assessment on gas and electric corporations (Part VV); relates to 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 state, the office of parks, recreation and historic preservation, and the department of environmental conservation from utility assessment revenues; requires accountings be submitted of such funds (Part XX); increases and redirects civil penalties for failing to comply with the department of public service's prescribed rules and regulations established for the protection of underground facilities; amends the effectiveness of certain provisions relating to establishing the underground facilities safety training account (Part YY); authorizes the department of taxation and finance to disclose certain information to the department of environmental conservation or the New York state energy research and development authority for the purpose of implementing the New York state climate leadership and community protection act (Part ZZ); establishes a commission to replace the statue of Robert R. Livingston in the National Statuary Hall of the United States Capitol with a statue of Harriet Tubman; provides that such commission shall consist of the governor or a designee, the temporary president of the senate or a designee, the speaker of the assembly or a designee, the executive director of the council on the arts or a designee, and the commissioner of the office of general services or a designee (Part BBB); extends certain rebates to municipalities for clean vehicle projects (Part CCC); relates to appointments to the cannabis board, removes provisions of law deeming a person acting as chairperson of the cannabis control board as a state officer; relates to agreements of such board with the New York state Indian nations and tribes (Part DDD); relates to a special license fee for a licensee allowed to engage in the cultivation, processing, distribution and retail of both medical cannabis and adult use cannabis; makes a conforming technical change; and provides for the repeal of certain provisions of the cannabis law (Part EEE).
NY · Legislation · 2025 · S03008
LegislationAI
Passed
Record updated May 9, 2025
Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2025-2026 state fiscal year; relates to the waterfront commission act; makes amendments to change "applicant" to "licensee or registrant" (Part A); provides for mass transportation payments to the Central New York Regional Transportation District; adds Cortland county to such district (Part B); relates to extending the authorization for a pre-licensing course internet program (Part C); increases the value of a motor vehicle considered abandoned which can become property of the local authority the vehicle is abandoned in (Part D); extends provisions of law relating to certain tax increment financing provisions (Part I); relates to certain provisions regarding labor disputes involving the Metropolitan Transportation Authority (Part J); relates to the acquisitions or transfers of property for certain transit projects; extends the effectiveness of certain provisions of law relating thereto (Part K); relates to funding for net paratransit operating expenses for the city of New York and the metropolitan transportation authority and makes permanent certain provisions of law relating thereto (Part L); provides funding for the metropolitan transportation authority 2025-2029 capital program (Part M); establishes a demonstration program on certain covered locations to enforce vehicle weight restriction on such interstate by means of mobile or stationary weigh in motion systems (Part N); authorizes a photo monitoring program for the Triborough bridge and tunnel authority and New York state bridge authority; extends provisions relating to certain notices of liability (Part Q); relates to the effectiveness of the New York state health insurance continuation assistance demonstration project (Part S); authorizes the Olympic regional development authority to enter into agreements for membership of one or more of its ski venues in reciprocal ski pass programs where such members are required to guarantee contractual indemnity up to a capped amount (Part T); regulates artificial intelligence companion models; establishes a suicide prevention fund (Part U); relates to refund policies for online retailers (Part V); enhances disclosure requirements for automatic renewals (Part W); requires disclosure of algorithmically set prices for goods and services (Part X); relates to the regulation of buy-now-pay-later lenders; requires such lenders to be licensed or authorized; establishes prohibited acts, limitations on loans, and consumer protections (Part Y); establishes reporting requirements for pharmacy benefit managers about the rebate contracts between pharmacy benefit managers and drug manufacturers (Part Z); provides for rate increases for hire motor vehicle insurance (Part CC); extends the authority of the New York state urban development to administer the empire state economic development fund (Part EE); extends the power of the New York state urban development corporation to make loans to 07/01/2026 (Part FF); extends the authority of the dormitory authority to enter into certain design and construction management agreements (Part GG); expands certain provisions of the state finance law and the New York state infrastructure trust fund; directs a policy study analyzing ways to improve the effectiveness of the minority and women-owned business enterprise program (Part KK); increases the cap on the amount of money authorized to be on deposit pursuant to the excelsior linked deposit program at any given time (Part LL); relates to purchasing thresholds for minority- or women-owned businesses or service-disabled veteran-owned businesses (Part MM); authorizes the New York convention center operating corporation to establish a subsidiary for the purposes of forming a pure captive insurance company (Part NN); extends the waste tire management fee until December 31, 2027; requires notice of the waste tire management and recycling program to be provided to customers; removes the exclusion for mail order sales (Part PP); extends provisions of the deer hunting program to 2028 (Part QQ); relates to financial responsibility, recovery of response costs and natural resource damages, and abatement actions relating to disposal of inactive hazardous waste (Part RR); relates to the recall of a class B firefighting foam; prohibits the sale or distribution of firefighting personal protective equipment that contains intentionally added PFAS; directs the department of environmental conservation to make a recommendation to the legislature on whether to postpone the effectiveness of such provisions (Part SS); exempts conveyances of real property for open space, parks, or historic preservation purposes to any not-for-profit corporation operated for conservation, environmental, parks or historic preservation purposes (Part TT); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, Fuel NY program, climate change related expenses of the department of environmental conservation from an assessment on gas and electric corporations (Part VV); relates to 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 state, the office of parks, recreation and historic preservation, and the department of environmental conservation from utility assessment revenues; requires accountings be submitted of such funds (Part XX); increases and redirects civil penalties for failing to comply with the department of public service's prescribed rules and regulations established for the protection of underground facilities; amends the effectiveness of certain provisions relating to establishing the underground facilities safety training account (Part YY); authorizes the department of taxation and finance to disclose certain information to the department of environmental conservation or the New York state energy research and development authority for the purpose of implementing the New York state climate leadership and community protection act (Part ZZ); establishes a commission to replace the statue of Robert R. Livingston in the National Statuary Hall of the United States Capitol with a statue of Harriet Tubman; provides that such commission shall consist of the governor or a designee, the temporary president of the senate or a designee, the speaker of the assembly or a designee, the executive director of the council on the arts or a designee, and the commissioner of the office of general services or a designee (Part BBB); extends certain rebates to municipalities for clean vehicle projects (Part CCC); relates to appointments to the cannabis board, removes provisions of law deeming a person acting as chairperson of the cannabis control board as a state officer; relates to agreements of such board with the New York state Indian nations and tribes (Part DDD); relates to a special license fee for a licensee allowed to engage in the cultivation, processing, distribution and retail of both medical cannabis and adult use cannabis; makes a conforming technical change; and provides for the repeal of certain provisions of the cannabis law (Part EEE).
Timeline
2025-05-09
S
SIGNED CHAP.58
2025-05-08
S
DELIVERED TO GOVERNOR
2025-05-07
S
ORDERED TO THIRD READING CAL.967
2025-05-07
S
MESSAGE OF NECESSITY - 3 DAY MESSAGE
2025-05-07
S
PASSED SENATE
2025-05-07
S
DELIVERED TO ASSEMBLY
2025-05-07
A
referred to ways and means
2025-05-07
A
substituted for a3008c
Bill Text
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