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S T A T E O F N E W Y O R K
________________________________________________________________________
S. 9008--C A. 10008--C
S E N A T E - A S S E M B L Y
January 21, 2026
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend part U1 of chapter 62 of the laws of 2003, amending the
vehicle and traffic law and other laws relating to increasing certain
motor vehicle transaction fees, in relation to the effectiveness ther-
eof; and to amend part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, in relation to the effectiveness thereof (Part A); to amend
chapter 751 of the laws of 2005, amending the insurance law and the
vehicle and traffic law relating to establishing the accident
prevention course internet technology pilot program, in relation to
the effectiveness thereof (Part B); intentionally omitted (Part C); to
amend the vehicle and traffic law, the general business law and the
public officers law, in relation to a demonstration program in the
city of New York and the installation and operation of intelligent
speed assistance devices; and providing for the repeal of certain
provisions upon the expiration thereof (Part D); to amend part FF of
chapter 55 of the laws of 2017, relating to motor vehicles equipped
with autonomous vehicle technology, in relation to the effectiveness
thereof (Part E); intentionally omitted (Part F); to amend the vehicle
and traffic law, in relation to expanding the automated work zone
speed enforcement program to include additional New York roadways
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12673-06-6
S. 9008--C 2 A. 10008--C
(Part G); 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 H); authorizing the
Metropolitan Transportation Authority to conduct environmental reviews
under the State Environmental Quality Review Act for the crosstown
extension of the Second Avenue Subway project in two stages (Part I);
to amend the agriculture and markets law, in relation to dairy
promotion and marketing of agricultural products in New York state;
and to repeal sections 16-x, 16-y and 16-z of section 1 of chapter 174
of the laws of 1968, constituting the New York state urban development
corporation act, in relation thereto (Part J); to amend the tax law,
in relation to extending the refundability of the investment tax cred-
it for farmers (Part K); intentionally omitted (Part L); to authorize
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 from an assessment on gas and
electric corporations (Part M); to amend the public service law, in
relation to executive compensation disclosure by gas, electric, steam
and water-works corporations and costs not to be included in rates
(Part N); to amend the public service law, in relation to procedures
for new rates or charges proposed by utilities (Part O); to amend the
public service law, in relation to establishing an energy affordabili-
ty index (Part P); intentionally omitted (Part Q); to amend the envi-
ronmental conservation law, in relation to reforming the state envi-
ronmental quality review act (Part R); to amend the environmental
conservation law, in relation to increasing rebates for certain vehi-
cle purchases by municipalities (Part S); to amend chapter 584 of the
laws of 2011, amending the public authorities law relating to the
powers and duties of the dormitory authority of the state of New York
relative to the establishment of subsidiaries for certain purposes, in
relation to the effectiveness thereof (Part T); in relation to author-
izing the trustees of the state university of New York to lease and
contract to make available certain land on the state university of New
York at Farmingdale's campus (Subpart A); in relation to authorizing
the trustees of the state university of New York to lease and contract
to make available certain land on the state university of New York at
Stony Brook's campus (Subpart B); in relation to authorizing the
commissioner of transportation to transfer and convey certain state-
owned real property in the town of Babylon, county of Suffolk (Subpart
C); and in relation to authorizing the trustees of the state universi-
ty of New York to lease and contract to make available grounds and
facilities on the state university of New York College of Environ-
mental Science and Forestry to the Abby Lane Housing Corporation
(Subpart D) (Part U); to amend the New York state urban development
corporation act, in relation to extending the authority of the New
York state urban development corporation to administer the empire
state economic development fund (Part V); to amend chapter 393 of the
laws of 1994, amending the New York state urban development corpo-
ration act, relating to the powers of the New York state urban devel-
opment corporation to make loans, in relation to extending loan powers
(Part W); intentionally omitted (Part X); to amend the general busi-
ness law, in relation to establishing the "Safe by Design Act" (Part
Y); intentionally omitted (Part Z); intentionally omitted (Part AA);
to amend the insurance law, in relation to requiring insurers to
S. 9008--C 3 A. 10008--C
provide explanations for certain premium changes (Part BB); inten-
tionally omitted (Part CC); intentionally omitted (Part DD); to amend
the insurance law and the civil practice law and rules, in relation to
motor vehicle accident liability (Part EE); intentionally omitted
(Part FF); to amend the insurance law, in relation to requiring annual
reports on insurance for multi-family buildings (Part GG); to amend
the insurance law, in relation to the annual consumer guide of health
insurers (Subpart A); to amend the insurance law and the public
health law, in relation to ongoing treatment by an out-of-network
provider during pregnancy (Subpart B); to amend the insurance law, in
relation to accessible formulary drug lists (Subpart C); and to amend
the insurance law and the public health law, in relation to utiliza-
tion reviews for treatment for a chronic health condition (Subpart D)
(Part HH); intentionally omitted (Part II); intentionally omitted
(Part JJ); to amend the insurance law, in relation to extending the
policy period for excess profit refunds to motor vehicle policyholders
(Part KK); to amend chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, in
relation to the effectiveness thereof (Part LL); intentionally omitted
(Part MM); in relation to enacting the "Long Island MacArthur Airport
terminal and rail integration project act" (Part NN); to amend part WW
of chapter 56 of the laws of 2022 amending the public officers law
relating to permitting videoconferencing and remote participation in
public meetings under certain circumstances, in relation to extending
the provisions thereof (Part OO); exempting certain major electric
generating facilities that provide emergency back-up generation for
manufacturing facilities that produce semiconductors from certain
siting requirements; and providing for the repeal of such provisions
upon expiration thereof (Part PP); to amend the penal law, in relation
to criminal interference with access to a place of religious worship
(Part QQ); to amend the Cleaner, Greener NY Act of 2013, in relation
to the effectiveness of certain provisions thereof (Part RR); to amend
the public service law, in relation to enacting the accelerate solar
for affordable power (ASAP) act (Part SS); establishing the blue
ribbon commission on residential affordability through energy savings;
and providing for the repeal of such provisions upon expiration there-
of (Part TT); to amend the vehicle and traffic law, in relation to
authorizing the creation of a traffic camera violations bureau to
adjudicate owner liability for failure of operator to stop for a
school bus displaying a red visual signal and stop-arm (Part UU); to
amend the environmental conservation law, in relation to climate
change (Part VV); to amend chapter 18 of the laws of 2020 authorizing
the commissioner of education to appoint a monitor to oversee the
Wyandanch union free school district and establishing the powers and
duties of such monitor, in relation to establishing a monitor team
(Part WW); to amend the retirement and social security law and educa-
tion law, in relation to certain retirement benefit enhancements (Part
XX); to amend the administrative code of the city of New York, in
relation to amortization and valuation methods used for contributions
to the New York city employees' retirement system, the New York city
teachers' retirement system, the police pension fund, subchapter two,
the fire department pension fund, subchapter two and the board of
education retirement system of such city (Part YY); to amend the
retirement and social security law, in relation to service retirement
of members of the New York city fire department pension fund (Part
S. 9008--C 4 A. 10008--C
ZZ); to amend the administrative code of the city of New York, in
relation to first grade firefighters and promotions from the fire-
fighter rank (Part AAA); to require certain pension systems to submit
a self-report on their financial health to the superintendent of the
department of financial services; to require the superintendent of the
department of financial services to submit a report on such reports;
and providing for the repeal of such provisions upon expiration there-
of (Part BBB); to amend the retirement and social security law, in
relation to allowing beneficiaries of certain deceased members to
elect to receive death benefits in a lump sum (Part CCC); to amend the
retirement and social security law, in relation to certain retirement
benefit enhancements (Part DDD); to amend the retirement and social
security law, in relation to the treatment of prior service with
certain agencies by the New York city police pension fund (Part EEE);
to amend the retirement and social security law, in relation to the
restoration of 20 year service retirement for certain New York city
corrections officers and sanitation workers (Part FFF); in relation to
providing for the administration of certain funds and accounts related
to the 2026--2027 budget, authorizing certain payments and transfers;
to amend the state finance law, in relation to the school tax relief
fund; to amend the private housing finance law, in relation to housing
program bonds and notes; to amend part D of chapter 389 of the laws of
1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, in relation
to the issuance of bonds and notes for the youth facilities improve-
ment fund; to amend the public authorities law, in relation to the
issuance of bonds and notes for city university facilities; to amend
the public authorities law, in relation to the issuance of bonds for
library construction projects; to amend the public authorities law, in
relation to the issuance of bonds for state university educational
facilities; to amend the public authorities law, in relation to the
issuance of bonds and notes for locally sponsored community colleges;
to amend chapter 392 of the laws of 1973 constituting the New York
state medical care facilities finance agency act, in relation to the
issuance of mental health services facilities improvement bonds and
notes; to amend part K of chapter 81 of the laws of 2002, relating to
providing for the administration of certain funds and accounts related
to the 2002-2003 budget, in relation to the issuance of bonds and
notes to finance capital costs related to homeland security; to amend
chapter 174 of the laws of 1968 constituting the urban development
corporation act, in relation to financing project costs for the office
of information technology services and department of law; to amend
chapter 329 of the laws of 1991, amending the state finance law and
other laws relating to the establishment of the dedicated highway and
bridge trust fund, in relation to the issuance of funds to the thruway
authority; to amend chapter 174 of the laws of 1968 constituting the
urban development corporation act, in relation to the issuance of
bonds and notes to fund costs for statewide equipment; to amend the
public authorities law, in relation to the issuance of bonds for
purposes of financing environmental infrastructure projects; to amend
part D of chapter 389 of the laws of 1997, relating to the financing
of the correctional facilities improvement fund and the youth facility
improvement fund, in relation to the issuance of bonds and notes for
the youth facilities improvement fund; to amend the public authorities
law, in relation to the issuance of bonds and notes for the purpose of
financing peace bridge projects and capital costs of state and local
S. 9008--C 5 A. 10008--C
highways; to amend chapter 174 of the laws of 1968 constituting the
urban development corporation act, in relation to the issuance of
bonds for economic development initiatives; to amend part Y of chapter
61 of the laws of 2005, relating to providing for the administration
of certain funds and accounts related to the 2005-2006 budget, in
relation to the issuance of bonds and notes for the purpose of financ-
ing capital projects for the division of military and naval affairs;
to amend chapter 174 of the laws of 1968 constituting the urban devel-
opment corporation act, in relation to issuance of bonds for project
costs undertaken by or on behalf of the state education department,
special act school districts, state-supported schools for the blind
and deaf, approved private special education schools, non-public
schools, community centers, day care facilities, residential camps,
day camps, Native American Indian Nation schools; to amend the public
authorities law, in relation to the issuance of bonds and notes for
the purpose of financing the construction of the New York state agri-
culture and markets food laboratory; to amend the public authorities
law, in relation to authorization for the issuance of bonds for the
capital restructuring financing program, the health care facility
transformation programs, and the essential health care provider
program; to amend part Y of chapter 61 of the laws of 2005, relating
to providing for the administration of certain funds and accounts
related to the 2005-2006 budget, in relation to the issuance of bonds
and notes for the purpose of financing capital projects for initi-
atives of the state police; to amend part D of chapter 63 of the
laws of 2005, relating to the composition and responsibilities of the
New York state higher education capital matching grant board, in
relation to higher education capital matching grants; to amend the
state finance law, in relation to moneys in the dedicated highway and
bridge trust fund; to amend the public authorities law, in relation to
increasing the cap on the amount of dormitory facility revenue bonds
that can be issued; to amend chapter 174 of the laws of 1968 consti-
tuting the urban development corporation act, in relation to personal
income tax revenue anticipation notes; to amend the state finance law,
in relation to the calculation of total outstanding principal amount
of debt; and providing for the repeal of certain provisions upon expi-
ration thereof (Part GGG); to amend the New York city civil court act,
in relation to additional judges in the civil court of the city of New
York (Part HHH); to amend the public service law and the public
authorities law, in relation to establishing the Excelsior power
program (Part III); and to authorize certain work in connection with
the District Galleria project in the city of White Plains; and provid-
ing for the repeal of such provisions upon expiration thereof (Part
JJJ)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state transportation, economic development
and environmental conservation budget for the 2026-2027 state fiscal
year. Each component is wholly contained within a Part identified as
Parts A through JJJ. The effective date for each particular provision
contained within such Part is set forth in the last section of such
Part. Any provision in any section contained within a Part, including
S. 9008--C 6 A. 10008--C
the effective date of the Part, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003,
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section 1 of
part G of chapter 58 of the laws of 2024, is amended to read as follows:
§ 13. This act shall take effect immediately; provided however that
sections one through seven of this act, the amendments to subdivision 2
of section 205 of the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed on April 1,
[2026] 2028; provided further, however, that the provisions of section
eleven of this act shall take effect April 1, 2004 and shall expire and
be deemed repealed on April 1, [2026] 2028.
§ 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, as amended by section 2 of part G of chapter 58 of the laws of
2024, is amended to read as follows:
§ 2. This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2002; provided further, however, that this act shall
expire and be deemed repealed on April 1, [2026] 2028.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026.
PART B
Section 1. Section 5 of chapter 751 of the laws of 2005, amending the
insurance law and the vehicle and traffic law relating to establishing
the accident prevention course internet technology pilot program, as
amended by section 1 of part F of chapter 58 of the laws of 2024, is
amended to read as follows:
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed April
1, [2026] 2028; provided that any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026.
PART C
Intentionally Omitted
PART D
Section 1. The vehicle and traffic law is amended by adding a new
section 1642-b to read as follows:
S. 9008--C 7 A. 10008--C
§ 1642-B. INSTALLATION AND OPERATION OF INTELLIGENT SPEED ASSISTANCE
DEVICES; DEMONSTRATION PROGRAM IN THE CITY OF NEW YORK. 1. DEFINITIONS.
FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
A. "ADMINISTERING AGENCY" SHALL MEAN ONE OR MORE AGENCIES AND/OR
ADMINISTRATIVE TRIBUNALS DESIGNATED BY THE MAYOR OF A CITY HAVING A
POPULATION IN EXCESS OF ONE MILLION TO ADMINISTER AN INTELLIGENT SPEED
ASSISTANCE DEVICE DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS
SECTION; PROVIDED, HOWEVER, THAT A NON-GOVERNMENTAL ENTITY SHALL NOT BE
DESIGNATED AS AN ADMINISTERING AGENCY;
B. "INSTALLATION PERIOD" SHALL MEAN THE MANDATORY PERIOD OF TIME THAT
AN OWNER IS REQUIRED TO INSTALL AND MAINTAIN AN INTELLIGENT SPEED
ASSISTANCE DEVICE PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT
TO THIS SECTION;
C. "INTELLIGENT SPEED ASSISTANCE DEVICE" SHALL MEAN A DEVICE INSTALLED
ON A MOTOR VEHICLE UTILIZING TECHNOLOGY TO RESTRICT THE SPEED OF THE
MOTOR VEHICLE BASED ON THE MAXIMUM SPEED LIMITS ESTABLISHED PURSUANT TO
THIS CHAPTER WHERE SUCH MOTOR VEHICLE IS BEING OPERATED. SUCH TECHNOLOGY
SHALL ALLOW FOR THE MANUAL OVERRIDE OF SUCH RESTRICTIONS PAST THE SPEED
LIMIT, IF NECESSARY, BASED ON TRAFFIC CONDITIONS; AND
D. "OWNER" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION ONE
HUNDRED TWENTY-EIGHT OF THIS CHAPTER.
2. ESTABLISHMENT. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA-
RY, THE CITY OF NEW YORK IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND
AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION PROGRAM
AUTHORIZING THE IMPOSITION OF A REQUIREMENT ON THE OWNER OF A PARTICULAR
MOTOR VEHICLE WHO HAS BEEN FOUND LIABLE FOR MONETARY PENALTIES FOR
VIOLATIONS, IN A SCHOOL SPEED ZONE WITHIN SUCH CITY, OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY
ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY
WITH SUCH POSTED MAXIMUM SPEED LIMITS THROUGH THE INSTALLATION AND OPER-
ATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH
ARTICLE THIRTY OF THIS CHAPTER FOLLOWING ENTRY OF A FINAL DECISION OR
DECISIONS IN RESPONSE TO SIXTEEN NOTICES OF LIABILITY ISSUED WITHIN A
TWELVE MONTH PERIOD TO SUCH OWNER WITH RESPECT TO SUCH PARTICULAR MOTOR
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH POSTED
MAXIMUM SPEED LIMITS IN A SCHOOL SPEED ZONE WITHIN SUCH CITY PURSUANT TO
SUCH PHOTO SPEED VIOLATION MONITORING SYSTEM DEMONSTRATION PROGRAM, TO
INSTALL AND MAINTAIN AN INTELLIGENT SPEED ASSISTANCE DEVICE IN ACCORD-
ANCE WITH THE PROVISIONS OF A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO
THIS SECTION. SUCH LOCAL LAW OR ORDINANCE MAY PROVIDE FOR EXEMPTIONS
FOR CERTAIN CATEGORIES OF VEHICLES FOR WHICH INSTALLATION OF AN INTELLI-
GENT SPEED ASSISTANCE DEVICE WOULD NOT FURTHER THE PURPOSES OF SUCH
DEMONSTRATION PROGRAM OR WHICH COULD OTHERWISE IMPAIR PUBLIC SAFETY OR
GENERAL WELFARE. PROVIDED, HOWEVER, THAT THE FOLLOWING SHALL BE EXEMPT
FROM THE DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION: (A)
MOTOR VEHICLES OWNED OR LEASED BY THE STATE, A GOVERNMENTAL ENTITY, A
PUBLIC AUTHORITY, A COUNTY, TOWN, CITY, VILLAGE OR ANY OTHER POLITICAL
SUBDIVISION OF THE STATE; (B) MOTOR VEHICLES OWNED OR LEASED BY A BUSI-
NESS ENTITY THAT ARE ROUTINELY OPERATED BY TWO OR MORE OF SUCH ENTITY'S
WORKERS, PROVIDED, HOWEVER, THAT IF A BUSINESS ENTITY ASSIGNS A VEHICLE
TO A SINGLE WORKER, AND DURING THE PERIOD OF SUCH ASSIGNMENT THE VEHICLE
HAS BEEN MADE SUBJECT TO AN ORDER FOR INSTALLATION OF AN INTELLIGENT
SPEED ASSISTANCE DEVICE AS SET FORTH IN SUBDIVISION THREE OF THIS
SECTION, SUCH PARTICULAR VEHICLE SHALL BE SUBJECT TO THE PROVISIONS OF
S. 9008--C 8 A. 10008--C
THIS SECTION; (C) LICENSED VEHICLES AS DEFINED IN SECTION 19-502 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, REGULATED BY THE NEW YORK
CITY TAXI AND LIMOUSINE COMMISSION; AND (D) AUTHORIZED EMERGENCY VEHI-
CLES. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "BUSINESS ENTITY"
SHALL MEAN AN ENTITY ORGANIZED UNDER THE LAWS OF THE STATE, OR AUTHOR-
IZED TO DO BUSINESS IN THE STATE, INCLUDING BUT NOT LIMITED TO, BUSINESS
CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, OR NOT-FOR-PRO-
FIT CORPORATIONS, BUT SHALL NOT INCLUDE SUCH ENTITIES ORGANIZED OR
AUTHORIZED THAT DO NOT PERFORM A BONA FIDE BUSINESS PURPOSE, NOR ENTI-
TIES OWNED BY A SINGLE PERSON OR HOUSEHOLD, INCLUDING BUT NOT LIMITED TO
SINGLE-MEMBER LIMITED LIABILITY COMPANIES OR SINGLE SHAREHOLDER CORPO-
RATIONS.
3. DETERMINATION AND NOTIFICATION. A. WHENEVER THE ADMINISTERING AGEN-
CY DETERMINES THAT AN OWNER OF A PARTICULAR MOTOR VEHICLE HAS BEEN FOUND
LIABLE FOR MONETARY PENALTIES FOLLOWING ENTRY OF A FINAL DECISION OR
DECISIONS IN RESPONSE TO SIXTEEN NOTICES OF LIABILITY ISSUED WITHIN A
PERIOD OF TWELVE MONTHS WITH RESPECT TO SUCH PARTICULAR MOTOR VEHICLE
FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED
LIMITS IN A SCHOOL SPEED ZONE WITHIN SUCH CITY WHEN A SCHOOL SPEED LIMIT
IS IN EFFECT AS PROVIDED IN PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER OR WHEN OTHER SPEED LIMITS
ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPER-
ATION OF PHOTO SPEED VIOLATION-MONITORING SYSTEMS IN ACCORDANCE WITH
ARTICLE THIRTY OF THIS CHAPTER, SUCH ADMINISTERING AGENCY SHALL ORDER
THE INSTALLATION OF AN INTELLIGENT SPEED ASSISTANCE DEVICE ON SUCH MOTOR
VEHICLE AND, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF SUBDIVI-
SION TWO OF THIS SECTION, ON EACH OTHER MOTOR VEHICLE OWNED BY SUCH
OWNER DURING THE RELEVANT INSTALLATION PERIOD. SUCH ADMINISTERING AGEN-
CY SHALL SEND SUCH OWNER NO FEWER THAN TWO WRITTEN NOTICES THAT THEY ARE
REQUIRED TO INSTALL AND MAINTAIN A FUNCTIONING INTELLIGENT SPEED ASSIST-
ANCE DEVICE, OF A MODEL AND TYPE AS SPECIFIED PURSUANT TO A LOCAL LAW OR
ORDINANCE ADOPTED PURSUANT TO THIS SECTION, FOR THE APPLICABLE INSTALLA-
TION PERIOD AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION. SUCH
NOTIFICATIONS SHALL INCLUDE: (I) A DATE CERTAIN BY WHICH AN INTELLIGENT
SPEED ASSISTANCE DEVICE MUST BE INSTALLED; (II) A STATEMENT THAT THE
OWNER MUST PROVIDE THE ADMINISTERING AGENCY WITH PROOF OF COMPLIANCE
WITHIN THIRTY DAYS OF THE DATE THE OWNER IS ORDERED TO INSTALL SUCH
DEVICE AND INSTRUCTIONS FOR HOW TO SUBMIT SUCH PROOF; (III) A STATEMENT
THAT THE OWNER SHALL BE RESPONSIBLE FOR THE COST OF INSTALLING, MAIN-
TAINING, AND REMOVING SUCH DEVICE ABSENT A FINDING OF FINANCIAL INABILI-
TY TO PAY, THE APPROXIMATE COST TO THE OWNER OF INSTALLING, MAINTAINING,
AND REMOVING SUCH DEVICE, AND THAT SUCH COSTS MAY BE PAID IN INSTALL-
MENTS; (IV) INFORMATION ADVISING THE OWNER OF THE MANNER AND THE TIME IN
WHICH THEY MAY CONTEST THE ORDER TO INSTALL AN INTELLIGENT SPEED ASSIST-
ANCE DEVICE; AND (V) PROMINENT WARNINGS THAT FAILURE TO INSTALL SUCH
DEVICE AND FAILURE TO SUBMIT PROOF OF SUCH COMPLIANCE COULD RESULT IN A
VIOLATION, REGISTRATION SUSPENSION, AND AN EXTENSION OF THE INSTALLATION
PERIOD UNLESS THE ADMINISTERING AGENCY MAKES A FINDING OF GOOD CAUSE FOR
SUCH FAILURE. SUCH ADMINISTERING AGENCY SHALL ALSO OFFER AN OPPORTUNITY
TO EACH OWNER TO FORMALLY CONTEST AN ORDER TO INSTALL AN INTELLIGENT
SPEED ASSISTANCE DEVICE FOLLOWING THE ISSUANCE OF SUCH ORDER AND PRIOR
TO THE DATE CERTAIN THAT SUCH DEVICE MUST BE INSTALLED PURSUANT TO
SUBDIVISION FIVE OF THIS SECTION, AND PURSUANT TO PUBLISHED CRITERIA TO
BE CONSIDERED IN DETERMINING WHETHER SUCH ORDER SHALL BE UPHELD OR WITH-
DRAWN, WHICH SHALL INCLUDE WHETHER SUCH VEHICLES ARE EXEMPT PURSUANT TO
S. 9008--C 9 A. 10008--C
SUBDIVISION TWO OF THIS SECTION, PROVIDED THAT: (A) SUCH OPPORTUNITY
SHALL NOT PERMIT SUCH OWNER TO CONTEST ANY NOTICES OF LIABILITY PREVI-
OUSLY ADJUDICATED TO FINALITY WHERE SUCH OWNER WAS FOUND LIABLE FOR
MONETARY PENALTIES ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER; AND (B) FOLLOWING A PROPER CONTESTATION SUBMISSION, THE
RELEVANT INSTALLATION PERIOD SHALL NOT COMMENCE UNTIL SUCH CONTESTATION
PROCESS HAS FULLY COMPLETED AND SUCH ORDER SHALL HAVE BEEN UPHELD OR
WITHDRAWN.
B. FOLLOWING THE FAILURE OF AN OWNER TO INSTALL AN INTELLIGENT SPEED
ASSISTANCE DEVICE BY THE DATE CERTAIN REQUIRED TO BE PROVIDED TO SUCH
OWNER PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, AN ADDITIONAL WRIT-
TEN NOTIFICATION SHALL BE SENT TO SUCH OWNER TO NOTIFY THEM OF SUCH
FAILURE AND OF THE STATEMENTS AND WARNING SET FORTH IN SUBPARAGRAPHS
(II), (III), (IV) AND (V) OF SUCH PARAGRAPH.
4. INSTALLATION AND REMOVAL. A. AN OWNER REQUIRED TO INSTALL AND MAIN-
TAIN AN INTELLIGENT SPEED ASSISTANCE DEVICE PURSUANT TO A LOCAL LAW OR
ORDINANCE ADOPTED PURSUANT TO THIS SECTION SHALL INSTALL AND MAINTAIN A
FUNCTIONING INTELLIGENT SPEED ASSISTANCE DEVICE IN ACCORDANCE WITH THE
PROVISIONS OF SUCH LOCAL LAW OR ORDINANCE: (I) FOR A PERIOD OF TWELVE
MONTHS FOR THE FIRST TIME AN OWNER IS ORDERED TO INSTALL AN INTELLIGENT
SPEED ASSISTANCE DEVICE UNDER THIS SUBDIVISION; (II) FOR A PERIOD OF
TWENTY-FOUR MONTHS THE SECOND TIME SUCH OWNER IS MANDATED TO INSTALL AN
INTELLIGENT SPEED ASSISTANCE DEVICE UNDER THIS SUBDIVISION WITHIN A
PERIOD OF TEN YEARS OF COMPLETING THE FIRST TERM OF INSTALLATION; (III)
FOR A PERIOD OF THIRTY-SIX MONTHS THE THIRD TIME SUCH OWNER IS MANDATED
TO INSTALL AN INTELLIGENT SPEED ASSISTANCE DEVICE UNDER THIS SUBDIVISION
WITHIN A PERIOD OF FIFTEEN YEARS OF COMPLETING THE FIRST TERM OF INSTAL-
LATION; AND (IV) FOR THE FOURTH OR SUBSEQUENT TIME SUCH OWNER IS
MANDATED TO INSTALL AN INTELLIGENT SPEED ASSISTANCE DEVICE UNDER THIS
SUBDIVISION, A PERIOD OF TIME NOT TO CONCLUDE UNTIL SUCH TIME AS THE
ADMINISTERING AGENCY APPROVES SUCH REMOVAL.
B. UPON THE CONCLUSION OF THE PERIOD IN WHICH AN OWNER IS REQUIRED TO
INSTALL AND MAINTAIN AN INTELLIGENT SPEED ASSISTANCE DEVICE, THE ADMIN-
ISTERING AGENCY OF SUCH CITY SHALL PROVIDE WRITTEN NOTIFICATION AUTHOR-
IZING THE REMOVAL OF SUCH DEVICE TO SUCH OWNER AND SHALL NOTIFY THE
COMMISSIONER IN SUCH MANNER AND FORM AS THE COMMISSIONER MAY PRESCRIBE,
AND THE COMMISSIONER SHALL REMOVE ANY CORRESPONDING NOTATION ON EACH
APPLICABLE REGISTRATION RECORD OF SUCH OWNER.
5. MONITORING OF COMPLIANCE AND RECORDING OF CONDITION. A. THE OWNER
OF A MOTOR VEHICLE REQUIRED TO INSTALL AND MAINTAIN AN INTELLIGENT SPEED
ASSISTANCE DEVICE PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT
TO THIS SECTION SHALL PROVIDE PROOF OF INSTALLATION TO THE ADMINISTERING
AGENCY OF SUCH CITY, IN A MANNER PROVIDED BY SUCH LOCAL LAW OR ORDI-
NANCE, WITHIN THIRTY DAYS OF THE DATE CERTAIN THAT SUCH DEVICE MUST BE
INSTALLED BY SUCH OWNER AS ORDERED BY THE ADMINISTERING AGENCY.
B. WHEN THE ADMINISTERING AGENCY OF SUCH CITY IMPOSES THE CONDITION
SPECIFIED IN SUBDIVISION THREE OF THIS SECTION, IT SHALL NOTIFY THE
COMMISSIONER IN SUCH MANNER AND FORM AS THE COMMISSIONER MAY PRESCRIBE,
AND, IF PRACTICABLE, THE COMMISSIONER SHALL NOTE SUCH CONDITION ON THE
OWNER'S REGISTRATION RECORD OF EACH MOTOR VEHICLE SUBJECT TO SUCH CONDI-
TION.
C. A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION SHALL
PROVIDE FOR THE MONITORING OF COMPLIANCE OF OWNERS REQUIRED TO INSTALL
AND MAINTAIN AN INTELLIGENT SPEED ASSISTANCE DEVICE PURSUANT TO A DEMON-
STRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION.
S. 9008--C 10 A. 10008--C
6. COST OF INSTALLATION AND MAINTENANCE. A. THE COST OF INSTALLATION,
MAINTENANCE INCLUDING REPAIR AND REPLACEMENT, AND REMOVAL OF THE INTEL-
LIGENT SPEED ASSISTANCE DEVICE SHALL BE BORNE BY THE OWNER SUBJECT TO
SUCH CONDITION AND SUCH COST MAY BE PAID IN INSTALLMENTS AT NO CHARGE
TO THE OWNER. THE ADMINISTERING AGENCY SHALL OFFER SUCH OWNERS THE
OPPORTUNITY TO ENTER INTO AN INSTALLMENT PAYMENT PLAN AT ANY TIME.
PROVIDED, HOWEVER, THAT WHEN THE ADMINISTERING AGENCY DETERMINES SUCH
OWNER IS FINANCIALLY UNABLE TO AFFORD SUCH COST, SUCH COST SHALL BE
WAIVED. AN OWNER SHALL BE PRESUMPTIVELY DEEMED TO BE FINANCIALLY UNABLE
TO AFFORD SUCH COST IF THE OWNER'S HOUSEHOLD INCOME IS AT OR BELOW TWO
HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL AS DOCUMENTED.
B. THE SERVICE PROVIDER OF THE DEVICE SHALL BE RESPONSIBLE FOR THE
INSTALLATION, CALIBRATION, MAINTENANCE, AND REMOVAL OF SUCH DEVICE. THE
SERVICE PROVIDER SHALL ALSO BE RESPONSIBLE FOR PROVIDING WRITTEN USER
INSTRUCTIONS AND DEVICE GUIDELINES TO OWNERS WHOSE VEHICLES ARE EQUIPPED
WITH SUCH DEVICES.
7. PRIVACY. A. A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS
SECTION SHALL INCLUDE MEASURES TO PROTECT THE PRIVACY OF OWNERS REQUIRED
TO INSTALL AND MAINTAIN INTELLIGENT SPEED ASSISTANCE DEVICES AND TO
ENFORCE SUCH MEASURES. SUCH MEASURES SHALL INCLUDE:
(I) ENCRYPTION OF INFORMATION AND DATA CREATED, COLLECTED, RECORDED,
OR OTHERWISE CAPTURED BY INTELLIGENT SPEED ASSISTANCE DEVICES INSTALLED
AND MAINTAINED BY OWNERS INCLUDING, BUT NOT LIMITED TO, PERSONALLY IDEN-
TIFIABLE INFORMATION, GEOLOCATION DATA, AND ANY DATA AND INFORMATION
SHARED BETWEEN ADMINISTERING AGENCIES AND THE MANUFACTURERS AND SERVICE
PROVIDERS OF SUCH DEVICES;
(II) DE-IDENTIFYING OR AGGREGATING OF MOTOR VEHICLE GEOLOCATION DATA;
(III) RESTRICTING THE INFORMATION OBTAINED BY THE ADMINISTERING AGENCY
FROM INTELLIGENT SPEED ASSISTANCE DEVICES TO ONLY THAT WHICH IS STRICTLY
NECESSARY TO MONITOR COMPLIANCE BY AN OWNER REQUIRED TO INSTALL AND
MAINTAIN AN INTELLIGENT SPEED ASSISTANCE DEVICE;
(IV) CREATION OF A FRAMEWORK IN ACCORDANCE WITH STATE LAW FOR DATA
COLLECTION, STORAGE, SHARING, AND DESTRUCTION THAT ADHERES TO THE
RESTRICTIONS PROVIDED IN THIS SUBDIVISION;
(V) METHODS TO INFORM OWNERS REQUIRED TO INSTALL AND MAINTAIN INTELLI-
GENT SPEED ASSISTANCE DEVICES OF WHAT DATA IS COLLECTED, HOW IT IS USED,
AND WITH WHOM IT MAY BE SHARED;
(VI) OVERSIGHT PROCEDURES TO ENFORCE COMPLIANCE WITH THE PRIVACY
PROTECTION MEASURES UNDER THIS SUBDIVISION AND ANY LOCAL LAW OR ORDI-
NANCE ADOPTED PURSUANT TO THIS SECTION INCLUDING BUT NOT LIMITED TO
SECURITY AUDITS TO ENSURE CONSISTENT APPLICATION AND ONGOING COMPLIANCE
OF THE ADMINISTERING AGENCY, INTELLIGENT SPEED ASSISTANCE DEVICE
MANUFACTURERS AND SERVICE PROVIDERS; AND
(VII) INFORMATION SECURITY STANDARDS INCLUDING IDENTIFYING AND ASSESS-
ING INTERNAL AND EXTERNAL SECURITY RISKS, PHYSICAL ACCESS CONTROLS,
UP-TO-DATE ANTI-MALWARE SOFTWARE, AND DOCUMENTED INCIDENT RESPONSE
PROCEDURES.
B. INFORMATION AND DATA CREATED, COLLECTED, RECORDED, OR OTHERWISE
CAPTURED BY INTELLIGENT SPEED ASSISTANCE DEVICES SHALL BE FOR THE EXCLU-
SIVE USE OF THE CITY OF NEW YORK FOR THE SOLE PURPOSE OF MONITORING
COMPLIANCE WITH THE REQUIREMENT OF AN OWNER TO INSTALL AND MAINTAIN AN
INTELLIGENT SPEED ASSISTANCE DEVICE, AND SHALL BE DESTROYED BY SUCH CITY
UPON THE COMPLETION OF THE TERM OF SUCH INSTALLATION AND MAINTENANCE.
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, RULE OR REGULATION TO
THE CONTRARY, INFORMATION AND DATA FROM AN INTELLIGENT SPEED ASSISTANCE
DEVICE SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL
S. 9008--C 11 A. 10008--C
PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR ADMINISTRATIVE OR ADJUDI-
CATORY BODY IN ANY ACTION OR PROCEEDING THEREIN EXCEPT THAT WHICH IS
NECESSARY FOR THE MONITORING OF COMPLIANCE PURSUANT TO THIS SECTION, AND
NO PUBLIC ENTITY OR EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE
SUCH INFORMATION, EXCEPT THAT SUCH INFORMATION AND DATA SHALL BE AVAIL-
ABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR VEHICLE OWNER FOR
SO LONG AS SUCH INFORMATION AND DATA ARE REQUIRED TO BE MAINTAINED OR
ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT.
C. NO PERSON, FIRM, ASSOCIATION, PARTNERSHIP, LIMITED LIABILITY COMPA-
NY, CORPORATION, MANUFACTURER OR SERVICE PROVIDER SHALL SELL, SHARE,
TRANSFER, PUBLISH, LEASE, RELEASE, OR OTHERWISE MAKE AVAILABLE TO ANY
THIRD PARTY ANY PERSONALLY IDENTIFIABLE INFORMATION OR ANY INFORMATION
AND DATA CREATED, COLLECTED, RECORDED, OR OTHERWISE CAPTURED BY INTELLI-
GENT SPEED ASSISTANCE DEVICES INSTALLED AND MAINTAINED BY OWNERS PURSU-
ANT TO A LOCAL LAW ADOPTED PURSUANT TO THIS SECTION, AND SHALL DESTROY
SUCH INFORMATION AND DATA UPON THE COMPLETION OF THE TERM OF SUCH
INSTALLATION AND MAINTENANCE. FOR THE PURPOSES OF THIS PARAGRAPH, "THIRD
PARTY" SHALL NOT INCLUDE AN ADMINISTERING AGENCY.
8. CERTIFICATION AND STANDARDS. A. THE ADMINISTERING AGENCY SHALL
APPROVE INTELLIGENT SPEED ASSISTANCE DEVICES AND SERVICE PROVIDERS OF
INTELLIGENT SPEED ASSISTANCE DEVICES PURSUANT TO A LOCAL LAW OR ORDI-
NANCE ADOPTED PURSUANT TO THIS SECTION AND SHALL PUBLISH A LIST OF
APPROVED DEVICES AND SERVICE PROVIDERS WHICH SHALL BE PUBLICLY AVAIL-
ABLE. SERVICE PROVIDERS APPROVED BY THE ADMINISTERING AGENCY SHALL BE
REQUIRED TO BE QUALIFIED TO INSTALL, CALIBRATE, SERVICE, AND REMOVE
APPROVED INTELLIGENT SPEED ASSISTANCE DEVICES, AND SHALL COMPLY WITH THE
PRIVACY REQUIREMENTS OF SUBDIVISION SEVEN OF THIS SECTION AND ANY LOCAL
LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION.
B. AFTER CONSULTATION WITH MANUFACTURERS OF INTELLIGENT SPEED ASSIST-
ANCE DEVICES, THE ADMINISTERING AGENCY SHALL PROMULGATE REGULATIONS
REGARDING STANDARDS FOR, AND USE OF, INTELLIGENT SPEED ASSISTANCE
DEVICES. SUCH STANDARDS SHALL INCLUDE PROVISIONS FOR DEVICE CALIBRATION
AND SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO, REQUIREMENTS THAT THE
DEVICES:
(I) HAVE FEATURES THAT MAKE CIRCUMVENTING OR BYPASSING THE DEVICE
DIFFICULT AND THAT DO NOT INTERFERE WITH THE NORMAL OR SAFE OPERATION OF
THE MOTOR VEHICLE, PROVIDED THAT THE MANUAL OVERRIDE REFERENCED IN PARA-
GRAPH C OF SUBDIVISION ONE OF THIS SECTION SHALL NOT BE CONSIDERED A
FEATURE TO CIRCUMVENT OR BYPASS THE DEVICE;
(II) WORK ACCURATELY AND RELIABLY IN AN UNSUPERVISED ENVIRONMENT;
(III) RESIST TAMPERING AND GIVE EVIDENCE IF TAMPERING IS ATTEMPTED;
(IV) MINIMIZE INCONVENIENCE TO USERS OF THE MOTOR VEHICLE;
(V) OPERATE RELIABLY OVER THE RANGE OF MOTOR VEHICLE ENVIRONMENTS AND
MOTOR VEHICLE MANUFACTURING STANDARDS; AND
(VI) ARE MANUFACTURED BY A PARTY COVERED BY PRODUCT LIABILITY INSUR-
ANCE AND LIABILITY INSURANCE AGAINST INSTALLATION AND MAINTENANCE
ERRORS.
9. CIRCUMVENTION OF INTELLIGENT SPEED ASSISTANCE DEVICE; INSTALLATION.
A. NO PERSON SHALL TAMPER WITH OR CIRCUMVENT AN OTHERWISE OPERABLE
INTELLIGENT SPEED ASSISTANCE DEVICE. A FIRST VIOLATION OF THIS PARAGRAPH
SHALL BE A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT LESS THAN
FIFTEEN HUNDRED DOLLARS NOR MORE THAN TWENTY-FIVE HUNDRED DOLLARS AND
THE COMMISSIONER SHALL SUSPEND THE REGISTRATION OF THE MOTOR VEHICLE
SUBJECT TO THE TAMPERED OR CIRCUMVENTED DEVICE PURSUANT TO PARAGRAPH (A)
OF SUBDIVISION FOUR-I OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER FOR
TWELVE MONTHS AND THE RELEVANT INSTALLATION PERIOD SHALL BE EXTENDED BY
S. 9008--C 12 A. 10008--C
SIX MONTHS. A SUBSEQUENT VIOLATION OF THIS PARAGRAPH SHALL BE A TRAFFIC
INFRACTION PUNISHABLE BY A FINE OF NOT LESS THAN FIFTEEN HUNDRED DOLLARS
NOR MORE THAN TWENTY-FIVE HUNDRED DOLLARS AND THE COMMISSIONER SHALL
SUSPEND THE REGISTRATION OF THE MOTOR VEHICLE SUBJECT TO THE TAMPERED OR
CIRCUMVENTED DEVICE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR-I OF
SECTION FIVE HUNDRED TEN OF THIS CHAPTER FOR A PERIOD OF TWELVE MONTHS
AND THE RELEVANT INSTALLATION PERIOD SHALL BE EXTENDED BY TWELVE MONTHS.
B. NO PERSON REQUIRED TO INSTALL AN INTELLIGENT SPEED ASSISTANCE
DEVICE PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS
SECTION SHALL FAIL TO INSTALL SUCH DEVICE AND PROVIDE PROOF OF SUCH
INSTALLATION TO THE ADMINISTERING AGENCY WITHIN THIRTY DAYS OF THE DATE
CERTAIN THAT SUCH DEVICE MUST BE INSTALLED BY SUCH OWNER AS ORDERED BY
THE ADMINISTERING AGENCY, ABSENT A FINDING BY THE ADMINISTERING AGENCY
OF GOOD CAUSE FOR THAT FAILURE. A VIOLATION OF THIS PARAGRAPH SHALL BE A
TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT LESS THAN FIFTEEN HUNDRED
DOLLARS NOR MORE THAN TWENTY-FIVE HUNDRED DOLLARS. UPON THE FAILURE BY
AN OWNER TO INSTALL SUCH DEVICE AND PROVIDE PROOF OF SUCH INSTALLATION
TO THE ADMINISTERING AGENCY WITHIN FORTY-FIVE DAYS OF THE DATE CERTAIN
THAT SUCH DEVICE MUST BE INSTALLED BY SUCH OWNER AS ORDERED BY THE
ADMINISTERING AGENCY, ABSENT A FINDING BY THE ADMINISTERING AGENCY OF
GOOD CAUSE FOR THAT FAILURE, THE COMMISSIONER SHALL SUSPEND THE REGIS-
TRATION OF THE RELEVANT MOTOR VEHICLE PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION FOUR-I OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
C. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, RULE OR REGU-
LATION TO THE CONTRARY, FOLLOWING ENTRY OF A FINAL DECISION OR DECISIONS
IN RESPONSE TO THREE NOTICES OF LIABILITY ISSUED TO AN OWNER OF A
PARTICULAR MOTOR VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY
WITH POSTED MAXIMUM SPEED LIMITS IN A SCHOOL SPEED ZONE WITHIN THE CITY
OF NEW YORK PURSUANT TO A PHOTO SPEED VIOLATION MONITORING SYSTEM DEMON-
STRATION PROGRAM IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER AFTER
HAVING FAILED TO COMPLY WITH AN ORDER TO INSTALL AN INTELLIGENT SPEED
ASSISTANCE DEVICE ON SUCH MOTOR VEHICLE PURSUANT TO A LOCAL LAW OR ORDI-
NANCE ADOPTED IN ACCORDANCE WITH THIS SECTION BY THE DATE ORDERED SHALL
CONSTITUTE A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT LESS THAN
FIFTEEN HUNDRED DOLLARS NOR MORE THAN TWENTY-FIVE HUNDRED DOLLARS;
PROVIDED, HOWEVER, THAT NO TRAFFIC VIOLATION SHALL OCCUR IF ANY SUCH
NOTICE OF LIABILITY IS ISSUED FOLLOWING THE EXPIRATION OF THE RELEVANT
INSTALLATION PERIOD AND AUTHORIZATION OF THE REMOVAL OF THE INTELLIGENT
SPEED ASSISTANCE DEVICE IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS
SECTION. FOLLOWING FINAL ADJUDICATION OF SUCH TRAFFIC INFRACTION THE
RELEVANT INSTALLATION PERIOD SHALL BE EXTENDED BY TWELVE MONTHS.
D. FOLLOWING AN ORDER BY THE ADMINISTERING AGENCY TO A MOTOR VEHICLE
OWNER TO INSTALL AN INTELLIGENT SPEED ASSISTANCE DEVICE WITH RESPECT TO
SUCH VEHICLE, THE COMMISSIONER MAY, IN THEIR DISCRETION, DENY A REGIS-
TRATION OR RENEWAL APPLICATION TO ANY OTHER PERSON FOR THE SAME VEHICLE
AND MAY DENY A REGISTRATION OR RENEWAL APPLICATION FOR ANY OTHER MOTOR
VEHICLE REGISTERED IN THE NAME OF THE APPLICANT WHERE THE COMMISSIONER
HAS DETERMINED THAT SUCH REGISTRANT'S INTENT HAS BEEN TO EVADE THE
PURPOSES OF THIS SECTION AND WHERE THE COMMISSIONER HAS REASONABLE
GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR RENEWAL WILL HAVE THE
EFFECT OF DEFEATING THE PURPOSES OF THIS SECTION. SUCH DENIAL SHALL ONLY
REMAIN IN EFFECT UNTIL THE ADMINISTERING AGENCY HAS SENT THE OWNER WRIT-
TEN NOTIFICATION AUTHORIZING THE REMOVAL OF SUCH INTELLIGENT SPEED
ASSISTANCE DEVICE.
10. WARNING LABEL. THE LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS
SECTION SHALL PROVIDE FOR THE DESIGN OF A WARNING LABEL WHICH THE
S. 9008--C 13 A. 10008--C
MANUFACTURER OR SERVICE PROVIDER SHALL AFFIX TO EACH INTELLIGENT SPEED
ASSISTANCE DEVICE UPON INSTALLATION IN THE STATE. THE LABEL SHALL
CONTAIN A WARNING THAT ANY PERSON TAMPERING OR CIRCUMVENTING THE DEVICE
IS GUILTY OF A VIOLATION AND MAY BE SUBJECT TO CIVIL LIABILITY.
11. REPORTING OF PROGRAM RESULTS. A. BY JULY FIRST, TWO THOUSAND TWEN-
TY-EIGHT AND EVERY TWO YEARS THEREAFTER IN WHICH THE DEMONSTRATION
PROGRAM IS OPERABLE, THE ADMINISTERING AGENCY SHALL SUBMIT A REPORT TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, AND THE CHAIRS OF THE SENATE AND ASSEMBLY TRANSPORTATION
COMMITTEES ON THE RESULTS OF ANY DEMONSTRATION PROGRAM AUTHORIZED BY
SUBDIVISION TWO OF THIS SECTION. SUCH REPORT SHALL INCLUDE AT MINIMUM
AND WITH RESPECT TO THE PRECEDING TWENTY-FOUR MONTHS:
(I) THE AGGREGATE NUMBER OF MOTOR VEHICLE OWNERS ORDERED TO INSTALL AN
INTELLIGENT SPEED ASSISTANCE DEVICE IN ACCORDANCE WITH SUBDIVISION THREE
OF THIS SECTION, THE AGGREGATE NUMBER OF SUCH MOTOR VEHICLES SUBJECT TO
SUCH ORDERS IN TOTAL, AND IN THE AGGREGATE BY COUNTY WITHIN NEW YORK
STATE AND WITHIN ANY OTHER STATE;
(II) THE AGGREGATE NUMBER OF CONTESTATIONS ELECTED BY MOTOR VEHICLE
OWNERS IN ACCORDANCE WITH PARAGRAPH A OF SUBDIVISION THREE OF THIS
SECTION AND THE PERCENTAGE OF SUCH CONTESTATIONS RESULTING IN (A) AN
UPHELD OR (B) A WITHDRAWN ORDER;
(III) IN THE AGGREGATE, THE NUMBER OF MOTOR VEHICLE OWNERS AUTHORIZED
TO REMOVE SUCH DEVICE, THE NUMBER OF MOTOR VEHICLES TO WHICH SUCH
REMOVAL AUTHORIZATION APPLIES, AND THE RELEVANT INSTALLATION PERIOD FOR
EACH SUCH DEVICE, PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, WHICH
SHALL BE ANONYMIZED;
(IV) IN THE AGGREGATE, THE NUMBER OF MOTOR VEHICLE OWNERS FOR WHOM THE
COST OF DEVICE INSTALLATION WAS WAIVED PURSUANT TO SUBDIVISION SIX OF
THIS SECTION;
(V) THE LIST OF SERVICE PROVIDERS OF INTELLIGENT SPEED ASSISTANCE
DEVICES APPROVED PURSUANT TO SUBDIVISION EIGHT HEREOF;
(VI) THE AGGREGATE NUMBER OF VIOLATIONS FOR PARAGRAPHS A AND B OF
SUBDIVISION NINE OF THIS SECTION THAT WERE ADJUDICATED AND THE RESULTS
OF SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
(VII) THE NUMBER AND AMOUNT OF FINES IMPOSED, AND THE AGGREGATE NUMBER
OF REGISTRATIONS SUSPENDED, FOR VIOLATIONS OF PARAGRAPHS A AND B OF
SUBDIVISION NINE OF THIS SECTION; AND
(VIII) THE EFFECTIVENESS AND ADEQUACY OF THE DEMONSTRATION PROGRAM TO
DETERMINE THE IMPACT ON SPEEDING VIOLATIONS AND PREVENTION OF CRASHES.
B. SUCH REPORT SHALL ALSO BE MADE PUBLICLY AVAILABLE ON THE WEBSITE OF
THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION.
§ 2. Paragraph 3 of subdivision (g) of section 1180-b of the vehicle
and traffic law, as added by chapter 189 of the laws of 2013, is amended
to read as follows:
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which [he or she] THEY may
contest the liability alleged in the notice. Such notice of liability
shall also contain a prominent warning to advise the person charged that
failure to contest in the manner and time provided shall be deemed an
admission of liability and that a default judgment may be entered there-
on, AND A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FOLLOWING
ENTRY OF A FINAL DECISION OR DECISIONS IN RESPONSE TO SIXTEEN NOTICES OF
LIABILITY ISSUED WITHIN A PERIOD OF TWELVE MONTHS IMPOSING MONETARY
LIABILITY UPON SUCH PERSON AS AN OWNER FOR FAILURE OF AN OPERATOR THERE-
OF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN A SCHOOL SPEED ZONE
WITHIN SUCH CITY WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
S. 9008--C 14 A. 10008--C
PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER OR WHEN OTHER SPEED LIMITS ARE IN EFFECT AS
PROVIDED IN SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF PHOTO
SPEED VIOLATION-MONITORING SYSTEMS IN ACCORDANCE WITH ARTICLE THIRTY OF
THIS CHAPTER WITHIN SUCH CITY, SUCH PERSON SHALL BE REQUIRED TO INSTALL
AND MAINTAIN AN INTELLIGENT SPEED ASSISTANCE DEVICE ON SUCH MOTOR VEHI-
CLE OWNED BY SUCH PERSON FOR THE RELEVANT INSTALLATION PERIOD, AND THE
APPROXIMATE COST TO THE OWNER OF INSTALLING, MAINTAINING, AND REMOVING
SUCH DEVICE.
§ 3. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 4-i to read as follows:
4-I. SUSPENSION OF REGISTRATION FOR CIRCUMVENTING OR TAMPERING WITH AN
INTELLIGENT SPEED ASSISTANCE DEVICE OR FAILING TO INSTALL SUCH DEVICE.
(A) UPON RECEIPT OF NOTIFICATION FROM AN ADMINISTERING AGENCY IN THE
CITY OF NEW YORK THAT AN OWNER OF A MOTOR VEHICLE HAS BEEN CONVICTED OF
A SUBSEQUENT VIOLATION OF PARAGRAPH A OF SUBDIVISION NINE OF SECTION
SIXTEEN HUNDRED FORTY-TWO-B OF THIS CHAPTER, THE COMMISSIONER OR THE
COMMISSIONER'S AGENT SHALL SUSPEND THE REGISTRATION OF THE MOTOR VEHICLE
INVOLVED IN SUCH VIOLATION FOR A PERIOD OF TWELVE MONTHS. SUCH SUSPEN-
SION SHALL TAKE EFFECT NO LESS THAN THIRTY DAYS FROM THE DATE ON WHICH
NOTICE THEREOF IS SENT BY THE COMMISSIONER TO THE PERSON WHOSE REGISTRA-
TION OR PRIVILEGE IS SUSPENDED.
(B) UPON RECEIPT OF CERTIFICATION FROM AN ADMINISTERING AGENCY IN THE
CITY OF NEW YORK THAT AN OWNER OF A MOTOR VEHICLE HAS FAILED TO INSTALL
AND PROVIDE PROOF OF INSTALLATION OF AN INTELLIGENT SPEED ASSISTANCE
DEVICE WITHIN FORTY-FIVE DAYS OF THE DATE BY WHICH SUCH INSTALLATION AND
PROOF ARE REQUIRED AS PROVIDED IN PARAGRAPH B OF SUBDIVISION NINE OF
SECTION SIXTEEN HUNDRED FORTY-TWO-B OF THIS CHAPTER, THE COMMISSIONER OR
THE COMMISSIONER'S AGENT SHALL SUSPEND THE REGISTRATION OF EACH MOTOR
VEHICLE INVOLVED IN SUCH VIOLATION. SUCH SUSPENSION SHALL TAKE EFFECT NO
LESS THAN THIRTY DAYS FROM THE DATE ON WHICH NOTICE THEREOF IS SENT BY
THE COMMISSIONER TO THE PERSON WHOSE REGISTRATION OR PRIVILEGE IS
SUSPENDED AND SHALL REMAIN IN EFFECT FOR A PARTICULAR MOTOR VEHICLE
UNTIL THE COMMISSIONER IS NOTIFIED BY THE ADMINISTERING AGENCY AS
REQUIRED HEREIN THAT THE OWNER HAS INSTALLED AN INTELLIGENT SPEED
ASSISTANCE DEVICE ON SUCH PARTICULAR MOTOR VEHICLE AND PROVIDED PROOF OF
SUCH INSTALLATION TO SUCH ADMINISTERING AGENCY. UPON THE COMPLIANCE OF
SUCH OWNER WITH AN ORDER TO INSTALL AN INTELLIGENT SPEED ASSISTANCE
DEVICE AND TO PROVIDE PROOF OF COMPLIANCE TO THE ADMINISTERING AGENCY AS
REQUIRED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION NINE OF SECTION
SIXTEEN HUNDRED FORTY-TWO-B OF THIS CHAPTER, THE ADMINISTERING AGENCY
SHALL FORTHWITH CERTIFY THAT FACT TO THE COMMISSIONER, IN SUCH MANNER
AND FORM AS THE COMMISSIONER MAY PRESCRIBE.
(C) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "ADMINISTERING
AGENCY" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN PARAGRAPH
A OF SUBDIVISION ONE OF SECTION SIXTEEN HUNDRED FORTY-TWO-B OF THIS
CHAPTER.
§ 4. Subparagraphs (viii) and (ix) of paragraph 1 of subdivision (f)
of section 380-j of the general business law, as amended by chapter 727
of the laws of 2023, are amended to read as follows:
(viii) information relating to a medical debt regardless of the date
it was incurred; [or]
(ix) LATE PAYMENTS OF ANY FEES OR OTHER COSTS ASSOCIATED WITH OR
RELATED TO THE INSTALLATION, MAINTENANCE INCLUDING REPAIR OR REPLACE-
MENT, AND REMOVAL OF AN INTELLIGENT SPEED ASSISTANCE DEVICE PURSUANT TO
S. 9008--C 15 A. 10008--C
A LOCAL LAW OR ORDINANCE ADOPTED IN ACCORDANCE WITH ARTICLE THIRTY-NINE
OF THE VEHICLE AND TRAFFIC LAW; OR
(X) any other adverse information which antedates the report by more
than seven years.
§ 5. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (w) to read as follows:
(W) IS INFORMATION OR DATA, REGARDLESS OF FORM, CREATED, COLLECTED,
RECORDED, OR OTHERWISE CAPTURED BY AN INTELLIGENT SPEED ASSISTANCE
DEVICE INSTALLED AND MAINTAINED PURSUANT TO THE AUTHORITY OF SECTION
SIXTEEN HUNDRED FORTY-TWO-B OF THE VEHICLE AND TRAFFIC LAW.
§ 6. The selection of approved service providers and the purchase or
lease of any approved devices by an administering agency for a demon-
stration program established pursuant to section 1642-b of the vehicle
and traffic law, as added by section one of this act, shall be subject
to the provisions of section 103 of the general municipal law. For the
purposes of this section, the term "administering agency" shall have the
same meaning as such term is defined in paragraph a of subdivision one
of section 1642-b of the vehicle and traffic law.
§ 7. This act shall take effect one year after it shall have become a
law and shall apply to violations committed on and after such date;
provided, however, that sections one, three, four, five and six of this
act shall expire and be deemed repealed July 1, 2032; provided, further,
that the amendments to paragraph 3 of subdivision (g) of section 1180-b
of the vehicle and traffic law made by section two of this act shall not
affect the expiration and repeal of such section and shall be deemed
repealed therewith; provided, further, that any such local law as may be
enacted pursuant to section one of this act shall remain in full force
and effect only until July 1, 2032. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.
PART E
Section 1. Section 3 of part FF of chapter 55 of the laws of 2017,
relating to motor vehicles equipped with autonomous vehicle technology,
as amended by section 1 of part J of chapter 58 of the laws of 2024, is
amended to read as follows:
§ 3. This act shall take effect April 1, 2017; provided, however, that
section one of this act shall expire and be deemed repealed April 1,
[2026] 2028.
§ 2. This act shall take effect immediately.
PART F
Intentionally Omitted
PART G
Section 1. Paragraph 1 of subdivision (a) of section 1180-e of the
vehicle and traffic law, as amended by section 1 of part Q of chapter 58
of the laws of 2025, is amended to read as follows:
1. Notwithstanding any other provision of law, the commissioner of
transportation is hereby authorized to establish a demonstration program
imposing monetary liability on the owner of a vehicle for failure of an
S. 9008--C 16 A. 10008--C
operator thereof to comply with posted maximum speed limits in a highway
construction or maintenance work area located on a [controlled-access]
highway (i) when highway construction or maintenance work is occurring
and a work area speed limit is in effect as provided in paragraph two of
subdivision (d) or subdivision (f) of section eleven hundred eighty of
this article or (ii) when highway construction or maintenance work is
occurring and other speed limits are in effect as provided in subdivi-
sion (b) or (g) or paragraph one of subdivision (d) of section eleven
hundred eighty of this article. Such demonstration program shall empower
the commissioner to install photo speed violation monitoring systems
within no more than forty highway construction or maintenance work areas
located on [controlled-access] highways and to operate such systems
within such work areas (iii) when highway construction or maintenance
work is occurring and a work area speed limit is in effect as provided
in paragraph two of subdivision (d) or subdivision (f) of section eleven
hundred eighty of this article or (iv) when highway construction or
maintenance work is occurring and other speed limits are in effect as
provided in subdivision (b) or (g) or paragraph one of subdivision (d)
of section eleven hundred eighty of this article. The commissioner, in
consultation with the superintendent of the division of state police,
shall determine the location of the highway construction or maintenance
work areas located on a [controlled-access] highway in which to install
and operate photo speed violation monitoring systems. In selecting a
highway construction or maintenance work area in which to install and
operate a photo speed violation monitoring system, the commissioner
shall consider criteria including, but not limited to, the speed data,
crash history, and roadway geometry applicable to such highway
construction or maintenance work area. A photo speed violation monitor-
ing system shall not be installed or operated on a [controlled-access]
highway exit ramp.
§ 2. Subdivision (b) of section 1180-e of the vehicle and traffic law,
as amended by section 2 of part Q of chapter 58 of the laws of 2025, is
amended to read as follows:
(b) If the commissioner or chair of the thruway authority, Triborough
bridge and tunnel authority, or bridge authority establishes a demon-
stration program pursuant to subdivision (a) of this section, the owner
of a vehicle shall be liable for a penalty imposed pursuant to this
section if such vehicle was used or operated with the permission of the
owner, express or implied, within a highway construction or maintenance
work area located on a [controlled-access] highway, the thruway, Tribor-
ough bridge and tunnel authority facilities or bridge authority facili-
ties, as applicable in violation of paragraph two of subdivision (d) or
subdivision (f), or when other speed limits are in effect in violation
of subdivision (b) or (g) or paragraph one of subdivision (d), of
section eleven hundred eighty of this article, such vehicle was travel-
ing at a speed of more than ten miles per hour above the posted speed
limit in effect within such highway construction or maintenance work
area, and such violation is evidenced by information obtained from a
photo speed violation monitoring system; provided however that no owner
of a vehicle shall be liable for a penalty imposed pursuant to this
section where the operator of such vehicle has been convicted of the
underlying violation of subdivision (b), (d), (f) or (g) of section
eleven hundred eighty of this article.
§ 3. Paragraphs 5 and 9 of subdivision (c) of section 1180-e of the
vehicle and traffic law, as amended by section 2 of part Q of chapter 58
of the laws of 2025, are amended to read as follows:
S. 9008--C 17 A. 10008--C
5. ["controlled-access highway"] "HIGHWAY" shall mean a [controlled-
access] highway as defined by section one hundred [nine] EIGHTEEN of
this chapter under the commissioner's jurisdiction [which has been func-
tionally classified by the department of transportation as principal
arterial - interstate or principal arterial - other freeway/expressway
on official functional classification maps approved by the federal high-
way administration pursuant to part 470.105 of title 23 of the code of
federal regulations, as amended from time to time];
9. "photo speed violation monitoring system" shall mean a vehicle
sensor installed to work in conjunction with a speed measuring device
which automatically produces two or more photographs, two or more micro-
photographs, a videotape or other recorded images of each vehicle at the
time it is used or operated in a highway construction or maintenance
work area located on a [controlled-access] highway, the thruway, Tribor-
ough bridge and tunnel authority facility or bridge authority facility
in violation of subdivision (b), (d), (f) or (g) of section eleven
hundred eighty of this article in accordance with the provisions of this
section;
§ 4. Paragraphs 2, 4, and 6 of subdivision (m) of section 1180-e of
the vehicle and traffic law, as amended by section 2 of part Q of chap-
ter 58 of the laws of 2025, are amended to read as follows:
2. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within all highway construction or
maintenance work areas on [controlled-access] highways, the thruway,
Triborough bridge and tunnel authority facilities or bridge authority
facilities, as applicable, to the extent the information is maintained
by the commissioner, the chair of the thruway authority, Triborough
bridge and tunnel authority, or bridge authority, or the department of
motor vehicles of this state;
4. the number of violations recorded within all highway construction
or maintenance work areas on [controlled-access] highways, the thruway,
Triborough bridge and tunnel authority facilities or bridge authority
facilities, in the aggregate on a daily, weekly and monthly basis to the
extent the information is maintained by the commissioner, the chair of
the thruway authority, Triborough bridge and tunnel authority, or bridge
authority, or the department of motor vehicles of this state;
6. to the extent the information is maintained by the commissioner,
the chair of the thruway authority, Triborough bridge and tunnel author-
ity, or bridge authority, or the department of motor vehicles of this
state, the number of violations recorded within all highway construction
or maintenance work areas on [controlled-access] highways, the thruway,
Triborough bridge and tunnel authority facilities or bridge authority
facilities, that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
§ 5. This act shall take effect immediately; provided, however, that
the amendments to section 1180-e of the vehicle and traffic law made by
sections one, two, three and four of this act shall not affect the
repeal of such section and shall expire and be deemed repealed there-
with.
S. 9008--C 18 A. 10008--C
PART H
Section 1. Section 3 of part PP of chapter 54 of the laws of 2016
amending the public authorities law and the general municipal law relat-
ing to the New York transit authority and the metropolitan transporta-
tion authority, as amended by section 1 of part I of chapter 58 of the
laws of 2025, is amended to read as follows:
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
made by section two of this act shall expire and be deemed repealed
April 1, [2026] 2027, and provided further that such repeal shall not
affect the validity or duration of any contract entered into before that
date pursuant to paragraph f of such subdivision.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026.
PART I
Section 1. Definitions. Whenever used in this act, the following terms
shall have the following meanings:
1. "Authority" shall mean the metropolitan transportation authority
created by section twelve hundred sixty-three of the public authorities
law.
2. "125 Street Subway Extension project" shall mean a project within
the metropolitan commuter transportation district to be undertaken by
the Authority to extend subway service westward from the northern termi-
nus of the Second Avenue Subway Phase Two Project to the west side of
Manhattan. Such project includes construction of a subterranean tunnel
running from 125 Street and Lenox Avenue west along 125 Street past
Broadway, and the construction of additional stations, and any ancillary
facilities, connecting with north and south subway lines.
3. "Subterranean Tunnel Component" shall mean the component of the 125
Street Subway Extension Project consisting of construction of a subter-
ranean tunnel running from 125 Street and Lenox Avenue west along 125
Street past Broadway.
4. "Metropolitan commuter transportation district" shall mean the
commuter transportation district created by section twelve hundred
sixty-two of the public authorities law.
5. "Second Avenue Subway Phase Two Project" shall mean a project with-
in the metropolitan commuter transportation district, commenced by the
Authority as of the effective date of this chapter, to extend the Q line
subway into Harlem through construction of two new stations on Second
Avenue at 106 and 116 streets and extending Q line subway service to a
third new station at 125 Street and Lexington Avenue that will connect
to the 4, 5, and 6 subway lines and Metro-North railroad.
§ 2. The Authority shall conduct the applicable environmental review
of the Subterranean Tunnel Component in accordance with the provisions
of article eight of the environmental conservation law, provided that
such environmental review shall not be required to be conducted concur-
rent with, or inclusive of, the environmental review specified in
section three of this act.
§ 3. The Authority shall conduct the applicable environmental review
of all other components of the 125 Street Subway Extension project,
including construction of the stations and any ancillary facilities, in
accordance with the provisions of article eight of the environmental
conservation law; provided that such environmental review shall not be
S. 9008--C 19 A. 10008--C
required to be conducted concurrent with, or inclusive of, the environ-
mental review specified in section two of this act.
§ 4. (1) The Authority shall not approve, permit, acquire real proper-
ty pursuant to the eminent domain procedure law, or undertake any
discretionary action required to construct the Subterranean Tunnel
Component described in section two of this act, and no agency, as
defined in section 8-0105 of the environmental conservation law, shall
permit or authorize any activity relating to construction of the Subter-
ranean Tunnel Component, until the Authority has completed the applica-
ble environmental review required pursuant to section two of this act.
(2) The Authority shall not approve, permit, acquire real property
pursuant to the eminent domain procedure law, or undertake any discre-
tionary action required to construct the other components of the 125
Street Subway Extension project described in section three of this act,
and no agency, as defined in section 8-0105 of the environmental conser-
vation law, shall permit or authorize any activity relating to
construction of the other components of the 125 Street Subway Extension
project, until the Authority has completed the applicable environmental
review required pursuant to section three of this act.
(3) The preparation of a design or designs shall not be deemed to have
prejudiced any decision-making pursuant to article eight of the environ-
mental conservation law.
§ 5. This act shall take effect immediately.
PART J
Section 1. Article 21-AA of the agriculture and markets law is amended
by adding a new section 258-aa to read as follows:
§ 258-AA. DAIRY PROMOTION ACT. 1. DECLARATION OF POLICY. IT IS HEREBY
DECLARED THAT THE DAIRY INDUSTRY IS A PARAMOUNT AGRICULTURAL INDUSTRY OF
THIS STATE, AND IS AN INDUSTRY AFFECTING THE HEALTH AND WELFARE OF THE
INHABITANTS OF THE STATE; THAT THE CONTINUED EXISTENCE OF THE DAIRY
INDUSTRY AND THE CONTINUED PRODUCTION OF MILK ON THE FARMS OF THIS STATE
IS OF VAST ECONOMIC IMPORTANCE TO THE STATE AND TO THE HEALTH AND
WELFARE OF THE INHABITANTS THEREOF; THAT IT IS ESSENTIAL, IN ORDER TO
ASSURE SUCH CONTINUED PRODUCTION OF MILK AND ITS HANDLING AND DISTRIB-
UTION, THAT PRICES TO PRODUCERS BE SUCH AS TO RETURN REASONABLE COSTS OF
PRODUCTION, AND AT THE SAME TIME ASSURE AN ADEQUATE SUPPLY OF MILK AND
DAIRY PRODUCTS TO CONSUMERS AT REASONABLE PRICES; AND TO THESE ENDS IT
IS ESSENTIAL THAT CONSUMERS AND OTHERS BE ADEQUATELY INFORMED AS TO THE
DIETARY NEEDS AND ADVANTAGES OF MILK AND DAIRY PRODUCTS AND AS TO THE
ECONOMIES RESULTING FROM THE USE OF MILK AND DAIRY PRODUCTS, AND TO
COMMAND FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTENTION AND DEMAND
CONSISTENT WITH THEIR IMPORTANCE AND VALUE. IT IS FURTHER DECLARED THAT
CONTINUED DECLINE IN THE CONSUMPTION OF FLUID MILK AND SOME OTHER DAIRY
PRODUCTS WILL JEOPARDIZE THE PRODUCTION OF ADEQUATE SUPPLIES OF MILK AND
DAIRY PRODUCTS BECAUSE OF INCREASING SURPLUSES NECESSARILY RETURNING
LESS TO PRODUCERS; AND THAT CONTINUED ADEQUATE SUPPLIES OF MILK AND
DAIRY PRODUCTS IS A MATTER OF VITAL CONCERN AS AFFECTING THE HEALTH AND
GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT IS THEREFORE DECLARED TO
BE THE LEGISLATIVE INTENT AND POLICY OF THE STATE:
(A) TO ENABLE MILK PRODUCERS AND OTHERS IN THE DAIRY INDUSTRY, WITH
THE AID OF THE STATE, TO MORE EFFECTIVELY PROMOTE THE CONSUMPTION OF
MILK AND DAIRY PRODUCTS;
(B) TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND
IMPROVED DAIRY PRODUCTS, AND TO PROMOTE THEIR USE; AND
S. 9008--C 20 A. 10008--C
(C) TO THIS END, ELIMINATE THE POSSIBLE IMPAIRMENT OF THE PURCHASING
POWER OF THE MILK PRODUCERS OF THIS STATE AND TO ASSURE AN ADEQUATE
SUPPLY OF MILK FOR CONSUMERS AT REASONABLE PRICES.
2. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "DAIRY PRODUCTS" MEANS MILK AND PRODUCTS DERIVED THEREFROM, AND
PRODUCTS OF WHICH MILK OR A PORTION THEREOF IS A SIGNIFICANT PART.
(B) "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO IS ENGAGED IN THE
PRODUCTION OF MILK OR WHO CAUSES MILK TO BE PRODUCED FOR ANY MARKET IN
THIS OR ANY OTHER STATE.
(C) "ADVISORY BOARD" MEANS THE PERSONS APPOINTED BY THE COMMISSIONER
FROM NOMINATIONS FROM PRODUCERS AS HEREIN DEFINED TO ASSIST THE COMMIS-
SIONER IN ADMINISTERING A DAIRY PROMOTION ORDER.
(D) "MILK DEALER" MEANS ANY PERSON WHO PURCHASES OR HANDLES OR
RECEIVES OR SELLS MILK, INCLUDING INDIVIDUALS, PARTNERSHIPS, CORPO-
RATIONS, COOPERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE ASSO-
CIATIONS.
(E) "DAIRY PROMOTION ORDER" MEANS AN ORDER ISSUED BY THE COMMISSIONER,
PURSUANT TO THE PROVISIONS OF THIS SECTION.
(F) "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE OF
MILK PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER
STATE, HAVING AGREEMENTS WITH THEIR PRODUCER MEMBERS TO MARKET, BARGAIN
FOR OR SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE
OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED BY THEIR
MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER-
ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP.
3. POWERS AND DUTIES OF THE COMMISSIONER. (A) THE COMMISSIONER SHALL
ADMINISTER AND ENFORCE THE PROVISIONS OF THIS SECTION AND SHALL HAVE AND
MAY EXERCISE ANY OR ALL THE ADMINISTRATIVE POWERS CONFERRED UPON THE
HEAD OF A DEPARTMENT. IN ORDER TO EFFECTUATE THE DECLARED POLICY OF THIS
SECTION THE COMMISSIONER MAY, AFTER DUE NOTICE AND HEARING, MAKE AND
ISSUE A DAIRY PROMOTION ORDER, OR ORDERS.
(B) SUCH ORDER OR ORDERS SHALL BE ISSUED AND AMENDED OR TERMINATED IN
ACCORDANCE WITH THE FOLLOWING PROCEDURES:
(I) BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT SHALL BE APPROVED BY
FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK VOTING IN THE REFERENDUM
FOR THE AREA TO BE REGULATED BY SUCH ORDER. SUCH REFERENDUM SHALL NOT
CONSTITUTE VALID APPROVAL UNLESS FIFTY-ONE PER CENTUM OF ALL MILK
PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM.
(II) PRODUCERS MAY VOTE BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPER-
ATIVES IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
(1) COOPERATIVES MAY SUBMIT WRITTEN APPROVAL OF SUCH ORDER WITHIN A
PERIOD OF ONE HUNDRED TWENTY DAYS AFTER THE COMMISSIONER HAS ANNOUNCED A
REFERENDUM ON A PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND
CERTIFIED TO THE COMMISSIONER AS MEMBERS OF SUCH COOPERATIVE, PROVIDED,
HOWEVER, THAT ANY COOPERATIVE BEFORE SUBMITTING SUCH WRITTEN APPROVAL
SHALL GIVE AT LEAST SIXTY DAYS PRIOR WRITTEN NOTICE TO EACH PRODUCER WHO
IS ITS MEMBER, OF THE INTENTION OF THE COOPERATIVE TO APPROVE SUCH
PROPOSED ORDER, AND FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT
INTEND TO APPROVE SUCH PROPOSED ORDER, IT SHALL LIKEWISE GIVE WRITTEN
NOTICE OF AT LEAST SIXTY DAYS TO EACH SUCH PRODUCER WHO IS ITS MEMBER,
OF ITS INTENTION NOT TO APPROVE OF SUCH PROPOSED ORDER.
(2) ANY PRODUCER MAY OBTAIN A BALLOT FROM THE COMMISSIONER SO THAT
THEY MAY REGISTER THEIR OWN APPROVAL OR DISAPPROVAL OF THE PROPOSED
ORDER.
S. 9008--C 21 A. 10008--C
(3) A PRODUCER WHO IS A MEMBER OF A COOPERATIVE WHICH HAS NOTIFIED
SUCH PRODUCER OF ITS INTENT TO APPROVE OR NOT TO APPROVE OF A PROPOSED
ORDER, AND WHO OBTAINS A BALLOT AND WITH SUCH BALLOT EXPRESSES THE
PRODUCER'S APPROVAL OR DISAPPROVAL OF THE PROPOSED ORDER, SHALL NOTIFY
THE COMMISSIONER AS TO THE NAME OF THE COOPERATIVE OF WHICH THE PRODUCER
IS A MEMBER, AND THE COMMISSIONER SHALL REMOVE SUCH PRODUCER'S NAME FROM
THE LIST CERTIFIED BY SUCH COOPERATIVE.
(4) IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED REGARDING
A PROPOSED ORDER, THE COMMISSIONER SHALL NOTIFY ALL MILK PRODUCERS THAT
AN ORDER IS BEING CONSIDERED, AND THAT EACH PRODUCER MAY REGISTER THE
PRODUCER'S APPROVAL OR DISAPPROVAL WITH THE COMMISSIONER EITHER DIRECTLY
OR THROUGH THE PRODUCER'S COOPERATIVE.
(5) THE COMMISSIONER MAY APPOINT A REFERENDUM ADVISORY COMMITTEE TO
ASSIST AND ADVISE THE COMMISSIONER IN THE CONDUCT OF THE REFERENDUM.
SUCH COMMITTEE SHALL REVIEW REFERENDUM PROCEDURES AND THE TABULATION OF
RESULTS AND SHALL ADVISE THE COMMISSIONER OF ITS FINDINGS. THE FINAL
CERTIFICATION OF THE REFERENDUM RESULTS SHALL BE MADE BY THE COMMISSION-
ER. THE COMMITTEE SHALL CONSIST OF NOT LESS THAN THREE MEMBERS, NONE OF
WHOM SHALL BE PERSONS DIRECTLY AFFECTED BY THE PROMOTION ORDER BEING
VOTED UPON. TWO MEMBERS SHALL BE REPRESENTATIVES OF GENERAL FARM ORGAN-
IZATIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE ORDER BEING VOTED UPON.
THE MEMBERS OF THE COMMITTEE SHALL NOT RECEIVE A SALARY BUT SHALL BE
ENTITLED TO ACTUAL AND REASONABLE EXPENSES INCURRED IN THE PERFORMANCE
OF THEIR DUTIES.
(6) THE COMMISSIONER MAY, AND UPON WRITTEN PETITION OF NOT LESS THAN
TEN PER CENTUM OF THE PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS OR
THROUGH COOPERATIVE REPRESENTATION SHALL, CALL A HEARING TO AMEND OR
TERMINATE SUCH ORDER, AND ANY SUCH AMENDMENT OR TERMINATION SHALL BE
EFFECTIVE ONLY UPON APPROVAL OF FIFTY-ONE PER CENTUM OF THE PRODUCERS OF
MILK FOR THE AREA REGULATED PARTICIPATING IN A REFERENDUM VOTE AS
PROVIDED PURSUANT TO THIS PARAGRAPH.
(C) THE COMMISSIONER SHALL ADMINISTER AND ENFORCE ANY SUCH DAIRY
PROMOTION ORDER WHILE IT IS IN EFFECT, FOR THE PURPOSE OF:
(I) ENCOURAGING THE CONSUMPTION OF MILK AND DAIRY PRODUCTS BY
ACQUAINTING CONSUMERS AND OTHERS WITH THE ADVANTAGES AND ECONOMY OF
USING MORE OF SUCH PRODUCTS.
(II) PROTECTING THE HEALTH AND WELFARE OF CONSUMERS BY ASSURING AN
ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS.
(III) PROVIDING FOR RESEARCH PROGRAMS DESIGNED TO DEVELOP NEW AND
IMPROVED DAIRY PRODUCTS.
(IV) PROVIDING FOR RESEARCH PROGRAMS DESIGNED TO ACQUAINT CONSUMERS
AND THE PUBLIC GENERALLY WITH THE EFFECTS OF THE USE OF MILK AND DAIRY
PRODUCTS ON THE HEALTH OF SUCH CONSUMERS.
(D) CARRYING OUT, IN OTHER WAYS, THE DECLARED POLICY AND INTENT OF
THIS SECTION.
4. PROVISIONS OF DAIRY PROMOTION ORDERS. ANY DAIRY PROMOTION ORDER OR
ORDERS MAY CONTAIN, AMONG OTHERS, ANY OR ALL OF THE FOLLOWING:
(A) PROVISION FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS SUBJECT
TO THE REGULATION FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUCH
ORDER AND TO PAY THE COST OF ADMINISTERING AND ENFORCING SUCH ORDER. IN
ORDER TO COLLECT ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH
MILK DEALER WHO RECEIVES MILK FROM PRODUCERS TO DEDUCT THE AMOUNT OF
ASSESSMENT FROM MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIV-
ERED. THE RATE OF SUCH ASSESSMENT SHALL NOT EXCEED TWO PER CENT PER
HUNDREDWEIGHT OF THE GROSS VALUE OF THE PRODUCER'S MILK, AND THERE MAY
BE CREDITED AGAINST ANY SUCH ASSESSMENT THE AMOUNTS PER HUNDREDWEIGHT
S. 9008--C 22 A. 10008--C
OTHERWISE PAID BY ANY PRODUCER COVERED BY THE ORDER BY VOLUNTARY
CONTRIBUTION OR OTHERWISE PURSUANT TO ANY OTHER FEDERAL OR STATE MILK
MARKET ORDER FOR ANY SIMILAR RESEARCH PROMOTION OR PROGRAM. NOTWITH-
STANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS
SECTION, THE COMMISSIONER, UPON WRITTEN PETITION OF NO LESS THAN TWEN-
TY-FIVE PER CENT OF PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS OR
THROUGH COOPERATIVE REPRESENTATION, MAY CALL A HEARING FOR THE SOLE
PURPOSE OF ESTABLISHING A NEW RATE OF ASSESSMENT HEREUNDER AND MAY
SUBMIT A PROPOSED CHANGE IN THE RATE OF ASSESSMENT TO THE PRODUCERS FOR
ACCEPTANCE OR REJECTION WITHOUT OTHERWISE AFFECTING THE ORDER. THE
PRODUCERS IN THE AREA MAY VOTE ON THE PROPOSED RATE EITHER AS INDIVID-
UALS OR THROUGH COOPERATIVE REPRESENTATION. NOTWITHSTANDING THE FOREGO-
ING PROVISIONS OF THIS PARAGRAPH AND OF PARAGRAPH (B) OF SUBDIVISION
THREE OF THIS SECTION, OR THE PROVISIONS OF ANY ORDER PROMULGATED PURSU-
ANT TO THIS SECTION, THE RATE OF ASSESSMENT, FOR ANY PERIOD DURING WHICH
A DAIRY PRODUCTS PROMOTION AND RESEARCH ORDER ESTABLISHED PURSUANT TO
THE FEDERAL DAIRY AND TOBACCO ADJUSTMENT ACT OF 1983 IS IN EFFECT, SHALL
NOT BE LESS THAN AN AMOUNT EQUAL TO THE MAXIMUM CREDIT WHICH PRODUCERS
PARTICIPATING IN THIS STATE'S DAIRY PRODUCTS PROMOTION OR NUTRITION
EDUCATION PROGRAMS MAY RECEIVE PURSUANT TO SUBDIVISION (G) OF SECTION
113 OF SUCH FEDERAL ACT.
(B) PROVISION FOR PAYMENTS TO ORGANIZATIONS ENGAGED IN CAMPAIGNS BY
ADVERTISEMENTS OR OTHERWISE, INCLUDING PARTICIPATION IN SIMILAR REGIONAL
OR NATIONAL PLANS OR CAMPAIGNS TO PROMOTE THE INCREASED CONSUMPTION OF
MILK AND DAIRY PRODUCTS, TO ACQUAINT THE PUBLIC WITH THE DIETARY ADVAN-
TAGES OF MILK AND DAIRY PRODUCTS AND WITH THE ECONOMY OF THEIR INCLUSION
IN THE DIET AND TO COMMAND, FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTEN-
TION CONSISTENT WITH THEIR IMPORTANCE AND VALUE.
(C) PROVISION FOR PAYMENTS TO INSTITUTIONS OR ORGANIZATIONS ENGAGED IN
RESEARCH LEADING TO THE DEVELOPMENT OF NEW OR IMPROVED DAIRY PRODUCTS OR
RESEARCH WITH RESPECT TO THE VALUE OF MILK AND DAIRY PRODUCTS IN THE
HUMAN DIET.
(D) PROVISION FOR REQUIRING RECORDS TO BE KEPT AND REPORTS TO BE FILED
BY MILK DEALERS WITH RESPECT TO MILK RECEIVED FROM PRODUCERS AND WITH
RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS.
(E) PROVISION FOR THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS FOR
THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS.
(F) PROVISION FOR AN ADVISORY BOARD AS HEREINAFTER INDICATED.
(G) SUCH OTHER PROVISIONS AS MAY BE NECESSARY TO EFFECTUATE THE
DECLARED POLICIES OF THIS SECTION.
5. MATTERS TO BE CONSIDERED. IN CARRYING OUT THE PROVISIONS OF THIS
SECTION AND PARTICULARLY IN DETERMINING WHETHER OR NOT A DAIRY PROMOTION
ORDER SHALL BE ISSUED, THE COMMISSIONER SHALL TAKE INTO CONSIDERATION,
AMONG OTHERS, FACTS AVAILABLE TO THEM WITH RESPECT TO THE FOLLOWING:
(A) THE TOTAL PRODUCTION OF MILK IN THE AREA AND THE PROPORTION OF
SUCH MILK BEING UTILIZED IN FLUID FORM AND IN OTHER PRODUCTS;
(B) THE PRICES BEING RECEIVED FOR MILK BY PRODUCERS IN THE AREA;
(C) THE LEVEL OF CONSUMPTION PER CAPITA FOR FLUID MILK AND OF OTHER
DAIRY PRODUCTS;
(D) THE PURCHASING POWER OF CONSUMERS; AND
(E) OTHER PRODUCTS WHICH COMPETE WITH MILK AND DAIRY PRODUCTS AND
PRICES OF SUCH PRODUCTS.
6. INTERSTATE ORDERS FOR COMPACTS. THE COMMISSIONER IS AUTHORIZED TO
CONFER AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF OTHER
STATES AND OF THE UNITED STATES WITH RESPECT TO THE ISSUANCE AND OPERA-
TION OF JOINT AND CONCURRENT DAIRY PROMOTION ORDERS OR OTHER ACTIVITIES
S. 9008--C 23 A. 10008--C
TENDING TO CARRY OUT THE DECLARED INTENT OF THIS SECTION. THE COMMIS-
SIONER MAY JOIN WITH SUCH OTHER AUTHORITIES IN CONDUCTING JOINT INVESTI-
GATIONS, HOLDING JOINT HEARINGS, AND ISSUING JOINT OR CONCURRENT ORDER
OR ORDERS COMPLEMENTARY TO THOSE OF THE FEDERAL GOVERNMENT AND SHALL
HAVE THE AUTHORITY TO EMPLOY OR DESIGNATE A JOINT AGENT OR JOINT AGEN-
CIES TO CARRY OUT AND ENFORCE SUCH JOINT, CONCURRENT, OR SUPPLEMENTARY
ORDERS.
7. PRIOR ASSESSMENTS. PRIOR TO THE EFFECTIVE DATE OF ANY DAIRY
PROMOTION ORDER AS PROVIDED IN THIS SECTION, THE COMMISSIONER MAY
REQUIRE THAT COOPERATIVES WHICH HAVE PETITIONED FOR SUCH AN ORDER AND
WHO HAVE APPROVED OF THE ISSUANCE OF SUCH AN ORDER, TO DEPOSIT WITH THE
COMMISSIONER SUCH AMOUNTS AS THE COMMISSIONER MAY DEEM NECESSARY TO
DEFRAY THE EXPENSE OF ADMINISTERING AND ENFORCING SUCH ORDER UNTIL SUCH
TIME AS THE ASSESSMENTS AS HEREIN BEFORE PROVIDED ARE ADEQUATE FOR THAT
PURPOSE. SUCH FUNDS SHALL BE RECEIVED, DEPOSITED, AND DISBURSED BY THE
COMMISSIONER IN THE SAME MANNER AS OTHER FUNDS RECEIVED PURSUANT TO THIS
SECTION AND THE COMMISSIONER SHALL REIMBURSE THOSE WHO PAID THESE PRIOR
ASSESSMENTS FROM OTHER FUNDS RECEIVED PURSUANT TO THIS SECTION.
8. STATUS OF FUNDS. ANY MONEYS COLLECTED UNDER ANY MARKET ORDER ISSUED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO BE STATE FUNDS AND SHALL
BE DEPOSITED IN A BANK OR OTHER DEPOSITORY IN THIS STATE, APPROVED BY
THE COMMISSIONER AND THE STATE COMPTROLLER, ALLOCATED TO EACH DAIRY
PROMOTION ORDER UNDER WHICH THEY WERE COLLECTED, AND SHALL BE DISBURSED
BY THE COMMISSIONER ONLY FOR THE NECESSARY EXPENSES INCURRED BY THE
COMMISSIONER WITH RESPECT TO EACH SEPARATE ORDER, ALL IN ACCORDANCE WITH
THE RULES AND REGULATIONS OF THE COMMISSIONER. ALL SUCH EXPENSES SHALL
BE AUDITED BY THE STATE COMPTROLLER AT LEAST ANNUALLY AND WITHIN THIRTY
DAYS AFTER THE COMPLETION THEREOF THE STATE COMPTROLLER SHALL GIVE A
COPY THEREOF TO THE COMMISSIONER. ANY MONEYS REMAINING IN SUCH FUND
ALLOCABLE TO A PARTICULAR ORDER, AFTER THE TERMINATION OF SUCH ORDER AND
NOT REQUIRED BY THE COMMISSIONER TO DEFRAY THE EXPENSES OF OPERATING
SUCH ORDER, MAY IN THE DISCRETION OF THE COMMISSIONER BE REFUNDED ON A
PRO-RATA BASIS TO ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE
COLLECTED; PROVIDED, HOWEVER, THAT IF THE COMMISSIONER FINDS THAT THE
AMOUNTS SO REFUNDABLE ARE SO SMALL AS TO MAKE IMPRACTICABLE THE COMPUTA-
TION AND REFUNDING OF SUCH MONEYS, THE COMMISSIONER MAY USE SUCH MONEYS
TO DEFRAY THE EXPENSES INCURRED BY THEM IN THE PROMULGATION, ISSUANCE,
ADMINISTRATION OR ENFORCEMENT OF ANY OTHER SIMILAR DAIRY PROMOTION ORDER
OR IN THE ABSENCE OF ANY OTHER SUCH DAIRY PROMOTION ORDER, THE COMMIS-
SIONER MAY PAY SUCH MONEYS TO ANY ORGANIZATION OR INSTITUTION AS
PROVIDED IN PARAGRAPH (B) OR (C) OF SUBDIVISION FOUR OF THIS SECTION.
9. BUDGET. THE COMMISSIONER SHALL PREPARE A BUDGET FOR THE ADMINIS-
TRATION AND OPERATING COSTS AND EXPENSES INCLUDING ADVERTISING AND SALES
PROMOTION WHEN REQUIRED IN ANY DAIRY PROMOTION ORDER EXECUTED HEREUNDER
AND TO PROVIDE FOR THE COLLECTION OF SUCH NECESSARY FEES OR ASSESSMENTS
TO DEFRAY COSTS AND EXPENSES, IN NO CASE TO EXCEED TWO PERCENT PER
HUNDREDWEIGHT OF THE GROSS VALUE OF MILK MARKETED BY PRODUCERS IN THE
AREA COVERED BY THE ORDER.
10. ADVISORY BOARD. (A) ANY DAIRY PROMOTION ORDER ISSUED PURSUANT TO
THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD TO
ADVISE AND ASSIST THE COMMISSIONER IN THE ADMINISTRATION OF SUCH ORDER.
THIS BOARD SHALL CONSIST OF NOT LESS THAN FIVE MEMBERS AND SHALL BE
APPOINTED BY THE COMMISSIONER FROM NOMINATIONS SUBMITTED BY PRODUCERS
MARKETING MILK IN THE AREA TO WHICH THE ORDER APPLIES. NOMINATING PROCE-
DURE, QUALIFICATION, REPRESENTATION, AND SIZE OF THE ADVISORY BOARD
SHALL BE PRESCRIBED IN THE ORDER FOR WHICH SUCH BOARD WAS APPOINTED.
S. 9008--C 24 A. 10008--C
(B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE
ENTITLED TO REIMBURSEMENT OF THE MEMBER'S ACTUAL AND REASONABLE EXPENSES
INCURRED WHILE PERFORMING SUCH MEMBER'S DUTIES AS AUTHORIZED HEREIN.
(C) THE DUTIES AND RESPONSIBILITIES OF THE ADVISORY BOARD SHALL BE
PRESCRIBED BY THE COMMISSIONER, AND THE COMMISSIONER MAY SPECIFICALLY
DELEGATE TO THE ADVISORY BOARD, BY INCLUSION IN THE DAIRY PROMOTION
ORDER, ALL OR ANY OF THE FOLLOWING DUTIES AND RESPONSIBILITIES:
(I) THE RECOMMENDATION TO THE COMMISSIONER OF ADMINISTRATIVE RULES AND
REGULATIONS RELATING TO THE ORDER.
(II) RECOMMENDING TO THE COMMISSIONER SUCH AMENDMENTS TO THE ORDER AS
SEEMS ADVISABLE.
(III) THE PREPARATION AND SUBMISSION TO THE COMMISSIONER OF AN ESTI-
MATED BUDGET REQUIRED FOR THE PROPER OPERATION OF THE ORDER.
(IV) RECOMMENDING TO THE COMMISSIONER METHODS FOR ASSESSING PRODUCERS
AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
(V) ASSISTING THE COMMISSIONER IN THE COLLECTION AND ASSEMBLY OF
INFORMATION AND DATA NECESSARY FOR THE PROPER ADMINISTRATION OF THE
ORDER.
(VI) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE ORDER
AS THE COMMISSIONER SHALL DESIGNATE.
11. RULES AND REGULATIONS ENFORCEMENT. (A) THE COMMISSIONER MAY, WITH
THE ADVICE AND ASSISTANCE OF THE ADVISORY BOARD, MAKE AND ISSUE SUCH
RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE THE PROVISIONS
AND INTENT OF THIS SECTION AND TO ENFORCE THE PROVISIONS OF ANY DAIRY
PROMOTION ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW.
(B) THE COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS
MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS
SECTION, OR ANY RULE OR REGULATION, OR DAIRY PROMOTION ORDER COMMITTED
TO THE COMMISSIONER'S ADMINISTRATION, AND IN ADDITION TO ANY OTHER REME-
DY UNDER ARTICLE THREE OF THIS CHAPTER OR OTHERWISE, MAY APPLY FOR
RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT
BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES
NOT EXIST. SUCH APPLICATION SHALL BE MADE TO THE SUPREME COURT IN ANY
DISTRICT OR COUNTY PROVIDED IN THE CIVIL PRACTICE LAW OR RULES, OR TO
THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
§ 2. The agriculture and markets law is amended by adding a new arti-
cle 25 to read as follows:
ARTICLE 25
MARKETING OF AGRICULTURAL PRODUCTS
SECTION 291. LEGISLATIVE DECLARATION.
292. DEFINITIONS.
293. POWERS AND DUTIES OF THE COMMISSIONER.
294. RULES AND REGULATIONS; ENFORCEMENT.
§ 291. LEGISLATIVE DECLARATION. IT IS HEREBY DECLARED THAT THE MARKET-
ING OF AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS IN THIS STATE, IN
EXCESS OF REASONABLE AND NORMAL MARKET DEMANDS THEREFOR; DISORDERLY
MARKETING OF SUCH COMMODITIES; IMPROPER PREPARATION FOR MARKET AND LACK
OF UNIFORM GRADING AND CLASSIFICATION OF AGRICULTURAL COMMODITIES AND
AQUATIC PRODUCTS; UNFAIR METHODS OF COMPETITION IN THE MARKETING OF SUCH
COMMODITIES AND THE INABILITY OF INDIVIDUAL PRODUCERS TO DEVELOP NEW AND
LARGER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS, RESULT
IN AN UNREASONABLE AND UNNECESSARY ECONOMIC WASTE OF THE AGRICULTURAL
WEALTH OF THIS STATE. SUCH CONDITIONS AND THE ACCOMPANYING WASTE JEOP-
ARDIZE THE FUTURE CONTINUED PRODUCTION OF ADEQUATE FOOD SUPPLIES FOR THE
PEOPLE OF THIS AND OTHER STATES. THESE CONDITIONS VITALLY CONCERN THE
S. 9008--C 25 A. 10008--C
HEALTH, SAFETY, AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT IS
THEREFORE DECLARED THE LEGISLATIVE PURPOSE AND THE POLICY OF THIS STATE:
1. TO ENABLE AGRICULTURAL PRODUCERS AND AQUATIC PRODUCERS OF THIS
STATE, WITH THE AID OF THE STATE, MORE EFFECTIVELY TO CORRELATE THE
MARKETING OF THEIR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS WITH
MARKET DEMANDS THEREFOR.
2. TO ESTABLISH ORDERLY, EFFICIENT, AND EQUITABLE MARKETING OF AGRI-
CULTURAL COMMODITIES AND AQUATIC PRODUCTS.
3. TO PROVIDE FOR UNIFORM GRADING AND PROPER PREPARATION OF AGRICUL-
TURAL COMMODITIES AND AQUATIC PRODUCTS FOR MARKET.
4. TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND LARGER
MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS PRODUCED IN
NEW YORK.
5. TO ELIMINATE OR REDUCE THE ECONOMIC WASTE IN THE MARKETING OF AGRI-
CULTURAL COMMODITIES AND AQUATIC PRODUCTS.
6. TO ELIMINATE UNJUST IMPAIRMENT OF THE PURCHASING POWER OF AQUATIC
PRODUCERS AND THE AGRICULTURAL PRODUCERS OF THIS STATE.
7. TO AID AGRICULTURAL AND AQUATIC PRODUCERS IN MAINTAINING AN INCOME
AT AN ADEQUATE AND EQUITABLE LEVEL.
§ 292. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "AGRICULTURAL COMMODITY" MEANS ANY AND ALL AGRICULTURAL, HORTICUL-
TURAL, VINEYARD PRODUCTS, CORN FOR GRAIN, OATS, SOYBEANS, BARLEY, WHEAT,
POULTRY OR POULTRY PRODUCTS, BEES, MAPLE SAP AND PURE MAPLE PRODUCTS
PRODUCED THEREFROM, CHRISTMAS TREES, LIVESTOCK, INCLUDING SWINE, AND
HONEY, SOLD IN THE STATE EITHER IN THEIR NATURAL STATE OR AS PROCESSED
BY THE PRODUCER THEREOF BUT DOES NOT INCLUDE MILK, TIMBER OR TIMBER
PRODUCTS, OTHER THAN CHRISTMAS TREES, ALL HAY, RYE AND LEGUMES EXCEPT
FOR SOYBEANS.
2. "AQUACULTURE" MEANS THE CULTURE, CULTIVATION AND HARVEST OF AQUATIC
PLANTS AND ANIMALS.
3. "AQUATIC PRODUCTS" MEANS ANY FOOD OR FIBER PRODUCTS OBTAINED
THROUGH THE PRACTICE OF AQUACULTURE, INCLUDING MARICULTURE; OR BY
HARVEST FROM THE SEA WHEN SUCH PRODUCTS ARE CULTURED OR LANDED IN NEW
YORK STATE. SUCH PRODUCTS INCLUDE BUT ARE NOT LIMITED TO FISH, SHELLF-
ISH, SEAWEED, OR OTHER WATER-BASED PLANT LIFE.
4. "PRODUCER" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN THE BUSI-
NESS OF PRODUCING, OR CAUSING TO BE PRODUCED FOR ANY MARKET, ANY AGRI-
CULTURAL COMMODITY OR AQUATIC PRODUCT.
5. "HANDLER" MEANS ANY PERSON ENGAGED IN THE OPERATION OF PACKING,
GRADING, SELLING, OFFERING FOR SALE, OR MARKETING ANY MARKETABLE AGRI-
CULTURAL COMMODITIES OR AQUATIC PRODUCTS, WHO AS OWNER, AGENT OR OTHER-
WISE SHIPS OR CAUSES AN AGRICULTURAL COMMODITY TO BE SHIPPED.
6. "PROCESSOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN PROCESS-
ING, OR IN THE OPERATION OF RECEIVING, GRADING, PACKING, CANNING, FREEZ-
ING, DEHYDRATING, FERMENTING, DISTILLING, EXTRACTING, PRESERVING, GRIND-
ING, CRUSHING, OR IN ANY OTHER WAY PRESERVING OR CHANGING THE FORM OF AN
AGRICULTURAL PRODUCT OR AQUATIC PRODUCT FOR THE PURPOSE OF MARKETING
SUCH COMMODITY BUT SHALL NOT INCLUDE A PERSON ENGAGED IN MANUFACTURING
FROM AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT ANOTHER AND DIFFERENT
PRODUCT.
7. "DISTRIBUTOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE, IN SELL-
ING, OFFERING FOR SALE, MARKETING OR DISTRIBUTING AN AGRICULTURAL
COMMODITY OR AQUATIC PRODUCT WHICH THEY HAVE PURCHASED OR ACQUIRED FROM
A PRODUCER OR OTHER PERSON OR WHICH THEY ARE MARKETING ON BEHALF OF A
PRODUCER OR OTHER PERSON, WHETHER AS OWNER, AGENT, EMPLOYEE, BROKER OR
S. 9008--C 26 A. 10008--C
OTHERWISE, BUT SHALL NOT INCLUDE A RETAILER, EXCEPT SUCH RETAILER WHO
PURCHASES OR ACQUIRES FROM, OR HANDLES ON BEHALF OF ANY PRODUCER OR
OTHER PERSON, AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SUBJECT TO
REGULATION BY THE MARKETING AGREEMENT OR ORDER COVERING SUCH COMMODITY.
8. "MARKETING AGREEMENT" MEANS AN AGREEMENT ENTERED INTO, WITH THE
APPROVAL OF THE COMMISSIONER, BY PRODUCERS WITH DISTRIBUTORS, PROCESSORS
AND HANDLERS REGULATING THE PREPARATION, SALE AND HANDLING OF AGRICUL-
TURAL COMMODITIES OR AQUATIC PRODUCTS.
9. "MARKETING ORDER" MEANS AN ORDER ISSUED BY THE COMMISSIONER PURSU-
ANT TO THIS ARTICLE, PRESCRIBING RULES AND REGULATIONS GOVERNING THE
MARKETING FOR PROCESSING, THE DISTRIBUTING, THE SALE OF, OR THE HANDLING
IN ANY MANNER OF ANY AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SOLD IN
THIS STATE DURING ANY SPECIFIED PERIOD OR PERIODS.
§ 293. POWERS AND DUTIES OF THE COMMISSIONER. 1. IN ORDER TO EFFECTU-
ATE THE DECLARED POLICY OF THIS ARTICLE, THE COMMISSIONER MAY, AFTER DUE
NOTICE AND OPPORTUNITY FOR HEARING, APPROVE MARKETING AGREEMENTS, WHICH
MARKETING AGREEMENTS SHALL THEREUPON BE BINDING UPON THE SIGNATORIES
THERETO EXCLUSIVELY.
2. THE COMMISSIONER MAY MAKE AND ISSUE MARKETING ORDERS, AFTER DUE
NOTICE AND OPPORTUNITY FOR HEARING, SUBJECT TO:
(A) APPROVAL OF NOT LESS THAN SIXTY-SIX AND TWO-THIRDS PER CENTUM OF
THE PRODUCERS PARTICIPATING IN A REFERENDUM IN THE AREA AFFECTED, OR
(B) APPROVAL OF NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE PRODUCERS
PARTICIPATING IN A REFERENDUM VOTE, IN THE AREA AFFECTED, AND HAVING
MARKETED NOT LESS THAN FIFTY-ONE PER CENTUM OF THE TOTAL QUANTITY OF THE
COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING MARKETING SEASON BY
ALL PRODUCERS THAT VOTED IN THE REFERENDUM, OR
(C) APPROVAL OF NOT LESS THAN FIFTY-ONE PER CENTUM OF THE PRODUCERS
PARTICIPATING IN A REFERENDUM VOTE, IN THE AREA AFFECTED, AND HAVING
MARKETED NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE TOTAL QUANTITY OF
THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING MARKETING SEASON
BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM.
3. THE COMMISSIONER MAY AND UPON WRITTEN PETITION DULY SIGNED BY TWEN-
TY-FIVE PER CENTUM OF THE PRODUCERS IN THE AREA SHALL, AMEND OR TERMI-
NATE SUCH ORDER AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING, BUT
SUBJECT TO THE APPROVAL OF NOT LESS THAN FIFTY PER CENTUM OF SUCH
PRODUCERS PARTICIPATING IN A REFERENDUM VOTE.
4. THE COMMISSIONER SHALL ADMINISTER AND ENFORCE ANY MARKETING ORDER,
WHILE IT IS IN EFFECT, TO:
(A) ENCOURAGE AND MAINTAIN STABLE PRICES RECEIVED BY PRODUCERS FOR
SUCH AGRICULTURAL COMMODITY AND AQUATIC PRODUCT AT A LEVEL WHICH IS
CONSISTENT WITH THE PROVISIONS AND AIMS OF THIS ARTICLE.
(B) PREVENT THE UNREASONABLE OR UNNECESSARY WASTE OF LAND OR WATER-
BASED WEALTH.
(C) PROTECT THE INTERESTS OF CONSUMERS OF SUCH COMMODITY, BY EXERCIS-
ING THE POWERS OF THIS ARTICLE TO SUCH EXTENT AS IS NECESSARY TO EFFEC-
TUATE THE PURPOSES OF THIS ARTICLE.
(D) PREPARE A BUDGET FOR THE ADMINISTRATION AND OPERATING COSTS AND
EXPENSES INCLUDING ADVERTISING AND SALES PROMOTION WHEN REQUIRED IN ANY
MARKETING AGREEMENT OR ORDER EXECUTED HEREUNDER AND TO PROVIDE FOR THE
COLLECTION OF SUCH NECESSARY FEES TO DEFRAY SUCH COSTS AND EXPENSES, IN
NO CASE TO EXCEED FIVE PERCENT OF THE GROSS DOLLAR VOLUME OF SALES OR
DOLLAR VOLUME OF PURCHASES OR AMOUNTS HANDLED, TO BE COLLECTED FROM EACH
PERSON ENGAGED IN THE PRODUCTION, PROCESSING, DISTRIBUTING OR THE HANDL-
ING OF ANY MARKETABLE AGRICULTURAL COMMODITY AND AQUATIC PRODUCT
S. 9008--C 27 A. 10008--C
PRODUCED OR LANDED IN THIS STATE AND DIRECTLY AFFECTED BY ANY MARKETING
ORDER ISSUED PURSUANT TO THIS ARTICLE FOR SUCH COMMODITY.
(E) CONFER AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF
OTHER STATES AND THE UNITED STATES.
5. ANY MARKETING AGREEMENT OR ORDER ISSUED BY THE COMMISSIONER PURSU-
ANT TO THIS ARTICLE MAY CONTAIN ANY OR ALL OF THE FOLLOWING:
(A) PROVISIONS FOR DETERMINING THE EXISTENCE AND EXTENT OF THE SURPLUS
OF ANY AGRICULTURAL COMMODITY, OR OF ANY GRADE, SIZE, OR QUALITY THERE-
OF, AND PROVIDING FOR THE REGULATION AND DISPOSITION OF SUCH SURPLUS.
(B) PROVISIONS FOR LIMITING THE TOTAL QUANTITY OF ANY AGRICULTURAL
PRODUCT, OR OF ANY GRADE OR GRADES, SIZE OR SIZES, OR QUALITY OR
PORTIONS OR COMBINATIONS THEREOF, WHICH MAY BE MARKETED DURING ANY SPEC-
IFIED PERIOD OR PERIODS. SUCH TOTAL QUANTITY OF ANY SUCH COMMODITY SO
REGULATED SHALL NOT BE LESS THAN THE QUANTITY WHICH THE COMMISSIONER
SHALL FIND IS REASONABLY NECESSARY TO SUPPLY THE MARKET DEMAND OF
CONSUMERS FOR SUCH COMMODITY.
(C) PROVISIONS REGULATING THE PERIOD, OR PERIODS, DURING WHICH ANY
AGRICULTURAL COMMODITY, OR ANY GRADE OR GRADES, SIZE OR SIZES OR QUALITY
OR PORTIONS OR COMBINATIONS OF SUCH COMMODITY, MAY BE MARKETED.
(D) PROVISIONS FOR THE ESTABLISHMENT OF UNIFORM GRADING, STANDARDS,
AND INSPECTION OF ANY AGRICULTURAL COMMODITY DELIVERED BY PRODUCERS OR
OTHER PERSONS TO HANDLERS, PROCESSORS, DISTRIBUTORS OR OTHERS ENGAGING
IN THE HANDLING THEREOF, AND FOR THE ESTABLISHMENT OF GRADING OR STAND-
ARDS OF QUALITY, CONDITION, SIZE, MATURITY OR PACK FOR ANY AGRICULTURAL
COMMODITY, AND THE INSPECTION AND GRADING OF SUCH COMMODITY IN ACCORD-
ANCE WITH SUCH GRADING OR STANDARDS SO ESTABLISHED; AND FOR PROVISIONS
THAT NO PRODUCER, HANDLER, PROCESSOR OR DISTRIBUTOR OF ANY AGRICULTURAL
COMMODITY FOR WHICH GRADING OR STANDARDS ARE SO ESTABLISHED MAY, EXCEPT
AS OTHERWISE PROVIDED IN SUCH MARKETING AGREEMENT OR ORDER, SELL, OFFER
FOR SALE, PROCESS, DISTRIBUTE OR OTHERWISE HANDLE ANY SUCH COMMODITY
WHETHER PRODUCED WITHIN OR WITHOUT THIS STATE, NOT MEETING AND COMPLYING
WITH SUCH ESTABLISHED GRADING OR STANDARDS. FOR THE PURPOSES OF THIS
ARTICLE, THE FEDERAL-STATE INSPECTION SERVICE SHALL PERFORM ALL
INSPECTIONS MADE NECESSARY BY SUCH PROVISIONS.
(E) PROVISIONS FOR THE ESTABLISHMENT OF RESEARCH PROGRAMS DESIGNED TO
BENEFIT A SPECIFIED COMMODITY OR NEW YORK AGRICULTURE IN GENERAL.
(F) SUCH OTHER PROVISIONS AS MAY BE NECESSARY TO EFFECTUATE THE
DECLARED POLICIES OF THIS ARTICLE.
(G) PROVISIONS TO ESTABLISH MARKETING PROMOTION AND RESEARCH PROGRAMS
FOR AQUATIC PRODUCTS WHICH MAY INCLUDE PARAGRAPHS (A) THROUGH (F) OF
THIS SUBDIVISION.
6. THE COMMISSIONER MAY TEMPORARILY SUSPEND THE OPERATION OF AN EFFEC-
TIVE MARKETING ORDER FOR A CONTINUING PERIOD OF NO LONGER THAN ONE GROW-
ING AND MARKETING SEASON, IF THE PURPOSES OF THIS ARTICLE ARE DEEMED
UNNECESSARY DURING SUCH SEASON.
7. IN CARRYING OUT THE PURPOSES OF THIS ARTICLE, THE COMMISSIONER
SHALL TAKE INTO CONSIDERATION ANY AND ALL FACTS AVAILABLE TO THEM WITH
RESPECT TO THE FOLLOWING ECONOMIC FACTORS:
(A) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY AVAILABLE FOR DISTRIB-
UTION.
(B) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY NORMALLY REQUIRED BY
CONSUMERS.
(C) THE COST OF PRODUCING SUCH AGRICULTURAL COMMODITY.
(D) THE PURCHASING POWER OF CONSUMERS.
(E) THE LEVEL OF PRICES OF COMMODITIES, SERVICES, AND ARTICLES WHICH
THE FARMERS COMMONLY BUY.
S. 9008--C 28 A. 10008--C
(F) THE LEVEL OF PRICES OF OTHER COMMODITIES WHICH COMPETE WITH OR ARE
UTILIZED AS SUBSTITUTES FOR SUCH AGRICULTURAL COMMODITY.
8. THE EXECUTION OF SUCH MARKETING AGREEMENTS SHALL IN NO MANNER
AFFECT THE ISSUANCE, ADMINISTRATION OR ENFORCEMENT OF ANY MARKETING
ORDER PROVIDED FOR IN THIS ARTICLE. THE COMMISSIONER MAY ISSUE SUCH
MARKETING ORDER WITHOUT EXECUTING A MARKETING AGREEMENT OR MAY EXECUTE A
MARKETING AGREEMENT WITHOUT ISSUING A MARKETING ORDER COVERING THE SAME
COMMODITY. THE COMMISSIONER, IN THEIR DISCRETION, MAY HOLD A CONCURRENT
HEARING UPON A PROPOSED MARKETING AGREEMENT AND A PROPOSED MARKETING
ORDER IN THE MANNER PROVIDED FOR GIVING DUE NOTICE AND OPPORTUNITY FOR
HEARING FOR A MARKETING ORDER AS PROVIDED IN THIS ARTICLE.
9. PRIOR TO THE ISSUANCE, AMENDMENT OR TERMINATION OF ANY MARKETING
ORDER, THE COMMISSIONER MAY REQUIRE THE APPLICANTS FOR SUCH ISSUANCE,
AMENDMENT, OR TERMINATION TO DEPOSIT WITH THEM SUCH AMOUNT AS THEY MAY
DEEM NECESSARY TO DEFRAY THE EXPENSES OF PREPARING AND MAKING EFFECTIVE
AMENDING OR TERMINATING A MARKETING ORDER. SUCH FUNDS SHALL BE RECEIVED,
DEPOSITED, AND DISBURSED BY THE COMMISSIONER IN THE SAME MANNER AS OTHER
FEES RECEIVED BY THE COMMISSIONER UNDER THIS ARTICLE AND, IN THE EVENT
THE APPLICATION FOR ADOPTION, AMENDMENT OR TERMINATION OF A MARKETING
ORDER IS APPROVED IN A REFERENDUM, THE COMMISSIONER SHALL REIMBURSE ANY
SUCH APPLICANT IN THE AMOUNT OF ANY SUCH DEPOSIT FROM ANY UNEXPENDED
MONIES COLLECTED UNDER THE MARKETING ORDER AFFECTED BY SUCH REFERENDUM.
10. ANY MONEYS COLLECTED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE
SHALL NOT BE DEEMED STATE FUNDS AND SHALL BE DEPOSITED IN A BANK OR
OTHER DEPOSITORY IN THIS STATE, APPROVED BY THE COMMISSIONER, ALLOCATED
TO EACH MARKETING ORDER UNDER WHICH THEY ARE COLLECTED, AND SHALL BE
DISBURSED BY THE COMMISSIONER ONLY FOR THE NECESSARY EXPENSES INCURRED
BY THE COMMISSIONER WITH RESPECT TO EACH SUCH SEPARATE MARKETING ORDER,
ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE COMMISSIONER.
ALL SUCH EXPENDITURES SHALL BE AUDITED BY THE STATE COMPTROLLER AT LEAST
ANNUALLY AND WITHIN THIRTY DAYS AFTER THE COMPLETION THEREOF THE STATE
COMPTROLLER SHALL GIVE A COPY THEREOF TO THE COMMISSIONER. ANY MONEYS
REMAINING IN SUCH FUND ALLOCABLE TO ANY PARTICULAR COMMODITY AFFECTED BY
A MARKETING ORDER MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
REFUNDED AT THE CLOSE OF ANY MARKETING SEASON UPON A PRO-RATA BASIS TO
ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED OR, WHENEVER
THE COMMISSIONER FINDS THAT SUCH MONEYS MAY BE NECESSARY TO DEFRAY THE
COST OF OPERATING SUCH MARKETING ORDER IN A SUCCEEDING MARKETING SEASON,
THEY MAY CARRY OVER ALL OR ANY PORTION OF SUCH MONEYS INTO THE NEXT SUCH
SUCCEEDING SEASON. UPON THE TERMINATION BY THE COMMISSIONER OF ANY
MARKETING ORDER, ALL MONEYS REMAINING AND NOT REQUIRED BY THE COMMIS-
SIONER TO DEFRAY THE EXPENSES OF OPERATING SUCH MARKETING ORDER, SHALL
BE REFUNDED BY THE COMMISSIONER UPON A PRO-RATA BASIS TO ALL PERSONS
FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED, HOWEVER, THAT
IF THE COMMISSIONER FINDS THAT THE AMOUNTS SO REFUNDABLE ARE SO SMALL AS
TO MAKE IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH REFUNDS, THE
COMMISSIONER MAY USE SUCH MONEYS TO DEFRAY THE EXPENSES INCURRED BY THE
COMMISSIONER IN THE FORMULATION, ISSUANCE, ADMINISTRATION OR ENFORCEMENT
OF ANY SUBSEQUENT MARKETING ORDER FOR SUCH COMMODITY.
11. ADVISORY BOARD. (A) ANY MARKETING ORDER ISSUED PURSUANT TO THIS
ARTICLE SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD, TO
CONSIST OF NOT LESS THAN FIVE MEMBERS NOR MORE THAN NINE MEMBERS, TO
ADVISE THE COMMISSIONER IN THE ADMINISTRATION OF SUCH MARKETING ORDER IN
ACCORDANCE WITH ITS TERMS AND PROVISIONS. THE MEMBERS OF SUCH BOARD
SHALL BE APPOINTED BY THE COMMISSIONER FROM NOMINATIONS RECEIVED FROM
THE COMMODITY GROUP FOR WHICH THE MARKETING ORDER IS ESTABLISHED. NOMI-
S. 9008--C 29 A. 10008--C
NATING PROCEDURE, QUALIFICATION, REPRESENTATION, AND SIZE OF THE ADVI-
SORY BOARD SHALL BE PRESCRIBED IN EACH MARKETING ORDER FOR WHICH SUCH
BOARD IS APPOINTED. EACH ADVISORY BOARD SHALL BE COMPOSED OF SUCH
PRODUCERS AND HANDLERS OR PROCESSORS AS ARE DIRECTLY AFFECTED BY THE
MARKETING ORDER IN SUCH PROPORTION OF REPRESENTATION AS THE ORDER SHALL
PRESCRIBE. THE COMMISSIONER MAY APPOINT ONE PERSON WHO IS NEITHER A
PRODUCER NOR PROCESSOR NOR OTHER HANDLER TO REPRESENT THE DEPARTMENT OF
AGRICULTURE AND MARKETS OR THE PUBLIC GENERALLY.
(B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY, BUT EACH
SHALL BE ENTITLED TO REIMBURSEMENT FOR THE MEMBER'S ACTUAL EXPENSES
INCURRED WHILE ENGAGED IN PERFORMING THE MEMBER'S DUTIES HEREIN AUTHOR-
IZED.
(C) THE DUTIES AND RESPONSIBILITIES OF EACH ADVISORY BOARD SHALL BE
PRESCRIBED BY THE COMMISSIONER, AND THEY MAY SPECIFICALLY DELEGATE TO
THE ADVISORY BOARD, BY INCLUSION IN THE MARKETING ORDER, ALL OR ANY OF
THE FOLLOWING DUTIES AND RESPONSIBILITIES:
(I) THE RECOMMENDATION TO THE COMMISSIONER OF ADMINISTRATIVE RULES AND
REGULATIONS RELATING TO THE MARKETING ORDER.
(II) RECOMMENDING TO THE COMMISSIONER SUCH AMENDMENTS TO THE MARKETING
ORDER AS SEEM ADVISABLE.
(III) THE PREPARATION AND SUBMISSION TO THE COMMISSIONER OF THE ESTI-
MATED BUDGET REQUIRED OR THE PROPER OPERATION OF THE MARKETING ORDER.
(IV) RECOMMENDING TO THE COMMISSIONER METHODS FOR ASSESSING MEMBERS OF
THE INDUSTRY AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
(V) ASSISTING THE COMMISSIONER IN THE COLLECTION AND ASSEMBLING OF
INFORMATION AND DATA NECESSARY TO THE PROPER ADMINISTRATION OF THE
ORDER.
(VI) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE
MARKETING ORDER AS THE COMMISSIONER SHALL DESIGNATE.
§ 294. RULES AND REGULATIONS; ENFORCEMENT. 1. THE COMMISSIONER MAY
MAKE AND PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO
EFFECTUATE THE PROVISIONS AND INTENT OF THIS ARTICLE AND TO ENFORCE THE
PROVISION OF ANY MARKETING AGREEMENT OR ORDER, ALL OF WHICH SHALL HAVE
THE FORCE AND EFFECT OF LAW.
2. THE COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS
MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY PROVISION OF THIS
ARTICLE, OR ANY RULE OR REGULATION, MARKETING AGREEMENT OR ORDER,
COMMITTED TO THE COMMISSIONER'S ADMINISTRATION, AND IN ADDITION TO ANY
OTHER REMEDY UNDER ARTICLE THREE OF THIS CHAPTER OR OTHERWISE MAY APPLY
FOR RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST
WITHOUT BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT
LAW DOES NOT EXIST. SUCH APPLICATION MAY BE MADE TO THE SUPREME COURT IN
ANY DISTRICT OR COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES,
OR TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
§ 3. Sections 16-x, 16-y and 16-z of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, are REPEALED.
§ 4. Notwithstanding the repeal of sections 16-x, 16-y and 16-z of
section 1 of chapter 174 of the laws of 1968, constituting the New York
state urban development corporation act pursuant to section three of
this act the marketing orders, and the regulatory provisions relating
thereto, set forth under parts 40, 200, 201, 203, 204 and 205 of title 1
of the New York codes, rules and regulations, shall remain in full force
and effect.
§ 5. Notwithstanding the repeal of sections 16-x, 16-y and 16-z of
section 1 of chapter 174 of the laws of 1968, constituting the New York
S. 9008--C 30 A. 10008--C
state urban development corporation act pursuant to section three of
this act, all contracts entered into pursuant to such repealed sections
shall continue in force and effect after the effective date of this act
and shall be assigned to the department of agriculture and markets, and
all undisbursed funds under the control of the urban development corpo-
ration in connection with the marketing orders shall be transferred to
the department of agriculture and markets on or before the forty-fifth
day following the effective date of this act; and any assessments due
and payable under such marketing orders shall be remitted to the depart-
ment of agriculture and markets beginning upon the thirtieth day after
the effective date of this act.
§ 6. This act shall take effect July 1, 2026.
PART K
Section 1. Paragraph (d) of subdivision 1 of section 210-B of the tax
law, as amended by section 1 of part C of chapter 59 of the laws of
2023, is amended to read as follows:
(d) Except as otherwise provided in this paragraph, the credit allowed
under this subdivision for any taxable year shall not reduce the tax due
for such year to less than the fixed dollar minimum amount prescribed in
paragraph (d) of subdivision one of section two hundred ten of this
article. However, if the amount of credit allowable under this subdivi-
sion for any taxable year reduces the tax to such amount or if the
taxpayer otherwise pays tax based on the fixed dollar minimum amount,
any amount of credit allowed for a taxable year commencing prior to
January first, nineteen hundred eighty-seven and not deductible in such
taxable year may be carried over to the following year or years and may
be deducted from the taxpayer's tax for such year or years but in no
event shall such credit be carried over to taxable years commencing on
or after January first, two thousand two, and any amount of credit
allowed for a taxable year commencing on or after January first, nine-
teen hundred eighty-seven and not deductible in such year may be carried
over to the fifteen taxable years next following such taxable year and
may be deducted from the taxpayer's tax for such year or years. In lieu
of such carryover, (i) any such taxpayer which qualifies as a new busi-
ness under paragraph (f) of this subdivision may elect to treat the
amount of such carryover as an overpayment of tax to be credited or
refunded in accordance with the provisions of section ten hundred eight-
y-six of this chapter, and (ii) any such taxpayer that is an eligible
farmer, as defined in subdivision eleven of this section, may for taxa-
ble years beginning before January first, two thousand [twenty-eight]
THIRTY-THREE, elect to treat the amount of such carryover as an overpay-
ment of tax to be credited or refunded in accordance with the provisions
of section one thousand eighty-six of this chapter, provided, however,
the provisions of subsection (c) of section ten hundred eighty-eight of
this chapter notwithstanding, no interest shall be paid thereon.
§ 2. Paragraph 5 of subsection (a) of section 606 of the tax law, as
amended by section 2 of part C of chapter 59 of the laws of 2023, is
amended to read as follows:
(5) If the amount of credit allowable under this subsection for any
taxable year shall exceed the taxpayer's tax for such year, the excess
allowed for a taxable year commencing prior to January first, nineteen
hundred eighty-seven may be carried over to the following year or years
and may be deducted from the taxpayer's tax for such year or years, but
in no event shall such credit be carried over to taxable years commenc-
S. 9008--C 31 A. 10008--C
ing on or after January first, nineteen hundred ninety-seven, and any
amount of credit allowed for a taxable year commencing on or after Janu-
ary first, nineteen hundred eighty-seven and not deductible in such year
may be carried over to the ten taxable years next following such taxable
year and may be deducted from the taxpayer's tax for such year or years.
In lieu of carrying over any such excess, (A) a taxpayer who qualifies
as an owner of a new business for purposes of paragraph ten of this
subsection may, at the taxpayer's option, receive such excess as a
refund, and (B) a taxpayer that is an eligible farmer as defined in
subsection (n) of this section may, at the taxpayer's option, for taxa-
ble years beginning before January first, two thousand [twenty-eight]
THIRTY-THREE, receive such excess as a refund. Any refund paid pursuant
to this paragraph shall be deemed to be a refund of an overpayment of
tax as provided in section six hundred eighty-six of this article,
provided, however, that no interest shall be paid thereon.
§ 3. This act shall take effect immediately.
PART L
Intentionally Omitted
PART M
Section 1. Expenditures of moneys by the New York state energy
research and development authority for services and expenses of the
energy research, development and demonstration program, including
grants, the energy policy and planning program, and the Fuel NY program
shall be subject to the provisions of this section. Notwithstanding the
provisions of subdivision 4-a of section 18-a of the public service law,
all moneys committed or expended in an amount not to exceed $28,725,000
shall be reimbursed by assessment against gas corporations, as defined
in subdivision 11 of section 2 of the public service law and electric
corporations as defined in subdivision 13 of section 2 of the public
service law, where such gas corporations and electric corporations have
gross revenues from intrastate utility operations in excess of $500,000
in the preceding calendar year, and the total amount assessed shall be
allocated to each electric corporation and gas corporation in proportion
to its intrastate electricity and gas revenues in the calendar year
2024. Such amounts shall be excluded from the general assessment
provisions of subdivision 2 of section 18-a of the public service law.
The chair of the public service commission shall bill such gas and/or
electric corporations for such amounts on or before August 10, 2026 and
such amounts shall be paid to the New York state energy research and
development authority on or before September 10, 2026. Upon receipt, the
New York state energy research and development authority shall deposit
such funds in the energy research and development operating fund estab-
lished pursuant to section 1859 of the public authorities law. The New
York state energy research and development authority is authorized and
directed to provide to the chair of the public service commission and
the director of the budget and the chairs and secretaries of the legis-
lative fiscal committees, on or before August first of each year, an
itemized record, certified by the president and chief executive officer
of the authority, or such chief executive officer's designee, detailing
any and all expenditures and commitments ascribable to moneys received
as a result of this assessment by the chair of the department of public
S. 9008--C 32 A. 10008--C
service pursuant to section 18-a of the public service law. This item-
ized record shall include an itemized breakdown of the programs being
funded by this section and the amount committed to each program. The
authority shall not commit for any expenditure, any moneys derived from
the assessment provided for in this section, until the chair of such
authority shall have submitted, and the director of the budget shall
have approved, a comprehensive financial plan encompassing all moneys
available to and all anticipated commitments and expenditures by such
authority from any source for the operations of such authority. Copies
of the approved comprehensive financial plan shall be immediately
submitted by the chair to the chairs and secretaries of the legislative
fiscal committees. Any such amount not committed by such authority to
contracts or contracts to be awarded or otherwise expended by the
authority during the fiscal year shall be refunded by such authority on
a pro-rata basis to such gas and/or electric corporations, in a manner
to be determined by the department of public service, and any refund
amounts must be explicitly lined out in the itemized record described
above.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026.
PART N
Section 1. Paragraph (m) of subdivision 12 of section 66 of the public
service law, as amended by chapter 10 of the laws of 2026, is amended
and three new paragraphs (n), (o) and (p) are added to read as follows:
(m) As a separate and distinct part of any filing by a utility propos-
ing a major change in rates, the utility must provide a description of
any proposed capital expenditure, on a per project basis, including but
not limited to, the: (i) purpose of and the need for each of the
proposed capital expenditures, AND IF IT ADVANCES STATE POLICY OBJEC-
TIVES, (ii) total cost, (iii) expected period of usefulness, (iv)
location in the service territory, (v) rationale for inclusion in the
proceeding, [and] (vi) IF THERE WAS CONSIDERATION OF NON-WIRE OR NON-
PIPE ALTERNATIVES PRIOR TO INCLUSION OF TRADITIONAL CAPITAL INVESTMENTS
IN DISTRIBUTION INFRASTRUCTURE, AND (VII) anticipated benefits to rate-
payers and the operation of the distribution system, INCLUDING, BUT NOT
LIMITED TO, THROUGH AVOIDED ENERGY DEMAND, TRANSMISSION AND DISTRIBUTION
UPGRADES, OR ENERGY EFFICIENCY MEASURES. Such descriptions of capital
expenditures, on a per project basis, shall be posted on the commis-
sion's website. [Pursuant to paragraph (i) of this subdivision,] WHEN
REVIEWING EACH CAPITAL EXPENDITURE THE COMMISSION SHALL CONSIDER WHETHER
THE UTILITY HAS SATISFIED the burden of proof to show that a change in
rates related to each capital expenditure is just and reasonable [shall
be on the utility].
(N) (I) THE COMMISSION SHALL REQUIRE EACH FILING FOR A MAJOR CHANGE IN
RATES MADE BY A GAS CORPORATION, AN ELECTRIC CORPORATION, OR A COMBINA-
TION GAS AND ELECTRIC CORPORATION, TO INCLUDE AN EXECUTIVE COMPENSATION
DISCLOSURE. SUCH EXECUTIVE COMPENSATION DISCLOSURE SHALL INCLUDE: (A)
THE MEDIAN OF THE ANNUAL TOTAL COMPENSATION OF ALL EMPLOYEES OF THE GAS
CORPORATION OR ELECTRIC CORPORATION, EXCEPT FOR SENIOR MANAGEMENT POSI-
TIONS; (B) THE ANNUAL TOTAL COMPENSATION OF THE CHIEF EXECUTIVE OFFICER;
(C) THE ANNUAL TOTAL COMPENSATION FOR EACH OTHER SENIOR MANAGEMENT POSI-
TION; AND (D) THE RATIO OF THE AMOUNT DESCRIBED IN CLAUSE (A) OF THIS
SUBPARAGRAPH TO THE AMOUNT DESCRIBED IN CLAUSE (B) OF THIS SUBPARAGRAPH.
S. 9008--C 33 A. 10008--C
(II) THE COMMISSION SHALL DEVELOP PERFORMANCE-BASED TARGETS THAT TIE
COMPENSATION FOR THE CHIEF EXECUTIVE OFFICER AND OTHER SENIOR MANAGEMENT
POSITIONS AND RATEPAYER-FUNDED INCENTIVE COMPENSATION PROGRAMS TO THE
ENERGY AFFORDABILITY INDEX DEVELOPED PURSUANT TO SECTION SIXTY-SIX-X OF
THIS ARTICLE AND SHALL CONSIDER ADJUSTMENTS TO THE CORPORATION'S RETURN
ON EQUITY BASED ON SUCH METRIC. SUCH ADJUSTMENTS SHALL NOT BE BASED ON
FACTORS WHICH THE CORPORATION DOES NOT CONTROL, INCLUDING, BUT NOT
LIMITED TO, COMMODITY SUPPLY PRICES.
(III) FOR PURPOSES OF THIS PARAGRAPH, "SENIOR MANAGEMENT POSITIONS"
SHALL INCLUDE A CHIEF EXECUTIVE OFFICER, CHIEF OPERATIONS OFFICER, CHIEF
FINANCIAL OFFICER, CHIEF INFORMATION OFFICER, CHIEF INFORMATION TECHNOL-
OGY OFFICER, OFFICER RESPONSIBLE FOR REGULATORY AFFAIRS, GENERAL COUN-
SEL, AND ANY OTHER POSITIONS CONSIDERED TO BE SENIOR MANAGEMENT BY THE
CORPORATION.
(O) (I) THE COMMISSION SHALL REQUIRE EACH FILING FOR A MAJOR CHANGE IN
RATES MADE BY A GAS CORPORATION, ELECTRIC CORPORATION, OR COMBINATION
GAS AND ELECTRIC CORPORATION, TO INCLUDE, IN ADDITION TO THE CORPO-
RATION'S RECOMMENDED PROPOSAL, A BUDGET CONSTRAINED PROPOSAL THAT SEPA-
RATELY ADDRESSES OPERATING EXPENSES, CAPITAL EXPENDITURES, PROGRAMMATIC
OR POLICY EXPENDITURES, COMMODITY SUPPLY COSTS, TAXES, AND OTHER COSTS
NOT WITHIN THE CONTROL OF THE CORPORATION. SUCH BUDGET CONSTRAINED
PROPOSAL SHALL NOT INCREASE THE APPLICANT'S AGGREGATE REVENUES BY MORE
THAN THE AVERAGE OF THE ANNUAL CONSUMER PRICE INDEX INCREASES OVER THE
PRIOR THREE YEARS.
(II) IN EACH FILING FOR A MAJOR CHANGE IN RATES, THE CORPORATION SHALL
DEMONSTRATE HOW ANY INCREASE IN ITS AGGREGATE REVENUES BY MORE THAN THE
INCREASE SET FORTH IN THE BUDGET CONSTRAINED PROPOSAL IS NECESSARY TO
ENSURE SAFETY, RELIABILITY, OR THE CONTINUATION OF ENERGY AFFORDABILITY
PROGRAMS, ENERGY EFFICIENCY PROGRAMS, OR COST-EFFECTIVE ELECTRIFICATION
UPGRADES. IF THE COMMISSION FINDS THAT THE CORPORATION HAS MADE SUCH A
DEMONSTRATION, THE COMMISSION MUST PROVIDE A DETAILED EXPLANATION AS TO
WHY AN INCREASE OF MORE THAN THE BUDGET CONSTRAINED PROPOSAL WAS NECES-
SARY IN ITS ORDER ADOPTING THE NEW SCHEDULE OF RATES AND CHARGES. THE
COMMISSION, IN MAKING ITS DETERMINATION, SHALL CONSIDER THE DISCLOSURES
REQUIRED PURSUANT TO PARAGRAPH (N) OF THIS SUBDIVISION, THE DESCRIPTIONS
AND CONSIDERATIONS REQUIRED BY PARAGRAPH (M) OF THIS SUBDIVISION, AND
THE AFFORDABILITY INDEX PROVIDED BY THE APPLICANT PURSUANT TO SECTION
SIXTY-SIX-X OF THIS ARTICLE.
(III) THE COMMISSION SHALL REQUIRE THE CORPORATION TO TRACK EXPENDI-
TURES AND OUTCOMES AND EXPLAIN MATERIAL DEVIATIONS FROM THE APPROVED
SCHEDULE OF RATES AND CHARGES NO LESS FREQUENTLY THAN ON AN ANNUAL
BASIS.
(P) (I) THE COMMISSION IS AUTHORIZED AND DIRECTED TO, WITHIN TWO
HUNDRED SEVENTY DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH, ESTABLISH
RULES TO LIMIT A UTILITY'S ABILITY TO RECOVER ITS DIRECT OR INDIRECT
COSTS ASSOCIATED WITH ITS ATTENDANCE IN, PARTICIPATION IN, PREPARATION
FOR, OR APPEAL OF ANY RATE PROCEEDING CONDUCTED BEFORE THE COMMISSION.
SUCH COSTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, ATTORNEYS' FEES,
FEES TO ENGAGE EXPERT WITNESSES OR CONSULTANTS, THE PORTION OF EMPLOYEE
SALARIES ASSOCIATED WITH SUCH ATTENDANCE, PARTICIPATION, PREPARATION OR
APPEAL OF A RATE PROCEEDING AND RELATED COSTS IDENTIFIED BY THE COMMIS-
SION.
(II) IN ESTABLISHING SUCH RULES THE COMMISSION MAY CONSIDER: (A)
SETTING AN OVERALL PERCENTAGE OF THE UTILITY'S EXPENSES IN A RATE CASE
THAT ARE NOT RECOVERABLE; (B) SETTING A BASELINE OF THE REASONABLE COST
OF PARTICIPATION IN A RATE CASE; (C) ESTABLISHING DISCOVERY PARAMETERS
S. 9008--C 34 A. 10008--C
AND WHAT INFORMATION IN A PROCEEDING MUST BE PROMPTLY AND COMPREHENSIVE-
LY DISCLOSED BY THE UTILITY TO INTERVENERS AND TO THE COMMISSION TO
REDUCE TIME AND COSTS ASSOCIATED WITH A LENGTHY DISCOVERY PROCESS; AND
(D) ANY OTHER METHOD THAT THE COMMISSION DETERMINES WILL ACCELERATE THE
DELIVERY OF SUCH UTILITY INFORMATION, REDUCE SUCH COSTS, AND LIMIT
RECOVERY OF SUCH COSTS TO AN AMOUNT THAT IS REASONABLE AND PRUDENT.
§ 2. Subdivision 10 of section 80 of the public service law is amended
by adding two new paragraphs (h) and (i) to read as follows:
(H) (I) THE COMMISSION SHALL REQUIRE EACH FILING FOR A MAJOR CHANGE IN
RATES MADE BY A STEAM CORPORATION TO INCLUDE AN EXECUTIVE COMPENSATION
DISCLOSURE. SUCH EXECUTIVE COMPENSATION DISCLOSURE SHALL INCLUDE: (A)
THE MEDIAN OF THE ANNUAL TOTAL COMPENSATION OF ALL EMPLOYEES OF THE
STEAM CORPORATION, EXCEPT FOR SENIOR MANAGEMENT POSITIONS; (B) THE ANNU-
AL TOTAL COMPENSATION OF THE CHIEF EXECUTIVE OFFICER; (C) THE ANNUAL
TOTAL COMPENSATION FOR EACH OTHER SENIOR MANAGEMENT POSITION; AND (D)
THE RATIO OF THE AMOUNT DESCRIBED IN CLAUSE (A) OF THIS SUBPARAGRAPH TO
THE AMOUNT DESCRIBED IN CLAUSE (B) OF THIS SUBPARAGRAPH.
(II) FOR PURPOSES OF THIS PARAGRAPH, "SENIOR MANAGEMENT POSITIONS"
SHALL INCLUDE A CHIEF EXECUTIVE OFFICER, CHIEF OPERATIONS OFFICER, CHIEF
FINANCIAL OFFICER, CHIEF INFORMATION OFFICER, CHIEF INFORMATION TECHNOL-
OGY OFFICER, OFFICER RESPONSIBLE FOR REGULATORY AFFAIRS, GENERAL COUN-
SEL, AND ANY OTHER POSITIONS CONSIDERED TO BE SENIOR MANAGEMENT BY THE
CORPORATION.
(I) (I) THE COMMISSION SHALL REQUIRE EACH FILING FOR A MAJOR CHANGE IN
RATES MADE BY A STEAM CORPORATION TO INCLUDE, IN ADDITION TO THE CORPO-
RATION'S RECOMMENDED PROPOSAL, A BUDGET CONSTRAINED PROPOSAL THAT SEPA-
RATELY ADDRESSES OPERATING EXPENSES, CAPITAL EXPENDITURES, PROGRAMMATIC
OR POLICY EXPENDITURES, COMMODITY SUPPLY COSTS, TAXES, AND OTHER COSTS
NOT WITHIN THE CONTROL OF THE CORPORATION. SUCH BUDGET CONSTRAINED
PROPOSAL SHALL NOT INCREASE THE APPLICANT'S AGGREGATE REVENUES BY MORE
THAN THE AVERAGE OF THE ANNUAL CONSUMER PRICE INDEX INCREASES OVER THE
PRIOR THREE YEARS.
(II) IN EACH FILING FOR A MAJOR CHANGE IN RATES, THE CORPORATION SHALL
DEMONSTRATE HOW ANY INCREASE IN THE APPLICANT'S AGGREGATE REVENUES BY
MORE THAN THE INCREASE SET FORTH IN THE BUDGET CONSTRAINED PROPOSAL IS
NECESSARY TO ENSURE SAFETY, RELIABILITY, OR THE CONTINUATION OF AFFORDA-
BILITY PROGRAMS.
(III) THE COMMISSION SHALL REQUIRE THE CORPORATION TO TRACK EXPENDI-
TURES AND OUTCOMES AND EXPLAIN ALL MATERIAL DEVIATIONS FROM THE APPROVED
RATE PLAN NO LESS FREQUENTLY THAN ON AN ANNUAL BASIS.
§ 3. Subdivision 20 of section 66 of the public service law, as added
by chapter 394 of the laws of 1978, is amended to read as follows:
20. (A) Notwithstanding any general or special law, rule or regulation
TO THE CONTRARY, the commission shall have the power to provide for the
refund of any revenues received by any gas [or electric] corporation,
ELECTRIC CORPORATION, OR COMBINATION GAS AND ELECTRIC CORPORATION, which
cause the corporation to have revenues in the aggregate in excess of its
authorized rate of return for a period of twelve months. [The commission
may initiate a proceeding with respect to such a refund after the
conclusion of any such twelve month period.]
(B) SUCH CORPORATIONS SHALL BE REQUIRED TO RETURN ALL REVENUES DERIVED
FROM THEIR ACTUAL RETURN ON EQUITY IN EXCESS OF THEIR AUTHORIZED RATE OF
RETURN ON EQUITY TO RATEPAYERS, LESS AN AMOUNT NOT TO EXCEED THE AMOUNT
OF REVENUE THAT WOULD BE DERIVED FROM A RATE OF RETURN ON EQUITY EQUAL
TO ONE QUARTER OF ONE PERCENT, AS DETERMINED BY THE COMMISSION, AND UPON
A DETERMINATION BY THE COMMISSION THAT SUCH REVENUES IN EXCESS OF A
S. 9008--C 35 A. 10008--C
CORPORATION'S AUTHORIZED RATE OF RETURN ON EQUITY PROVIDE BENEFITS TO
RATEPAYERS THROUGH COST SAVINGS OR EFFICIENCY GAINS WHICH EXCEED THE
BENEFITS OF REFUNDS PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
PROVIDED, HOWEVER, IN NO EVENT SHALL RATEPAYERS, IN AGGREGATE, RECEIVE
LESS IN RETURNS THAN THE CORPORATION RETAINS IN EXCESS REVENUES.
(C) THE COMMISSION SHALL DIRECT THE CORPORATION TO RETURN SUCH EXCESS
REVENUES IN THE FORM OF A BILL CREDIT; PROVIDED, HOWEVER, THAT IF THE
COMMISSION DETERMINES THAT THE AMOUNT OF THE BILL CREDIT WOULD BE DE
MINIMIS, THE COMMISSION MAY SET ASIDE SUCH EXCESS REVENUES FOR CUSTOMER
BENEFIT IN A FOLLOWING RATE CASE. ANY BILL CREDIT SHALL BE PROVIDED TO
RATEPAYERS IN A TIMELY MANNER, FOLLOWING AN ACCOUNTING REVIEW BY THE
DEPARTMENT OF THE CORPORATION'S CALCULATION OF THEIR EXCESS REVENUE, AND
SHALL BE CLEARLY LABELED ON THE RATEPAYER'S BILL. ANY SUCH BILL CREDIT
SHALL BE RETURNED IN ITS ENTIRETY ON A SINGLE BILL, UNLESS THE CREDIT IS
IN EXCESS OF THE AMOUNT DUE ON THE BILL SO AS TO REQUIRE THE REMAINING
PORTION OF THE BILL CREDIT TO APPEAR ON A SUBSEQUENT BILL OR BILLS. THE
COMMISSION MAY INITIATE A PROCEEDING WITH RESPECT TO SUCH A REFUND AFTER
THE CONCLUSION OF ANY SUCH TWELVE-MONTH PERIOD. IN SUCH A PROCEEDING THE
COMMISSION SHALL DETERMINE THE BILL CREDIT AMOUNT DUE TO RATEPAYERS, MAY
EXAMINE HOW CREDITS COULD BE DISTRIBUTED AMONG VARIOUS CUSTOMER CLASSI-
FICATIONS OF SERVICE, AND SHALL ISSUE AN ORDER REQUIRING THE DISBURSE-
MENT OF THE BILL CREDITS.
(D) SUCH CORPORATIONS SHALL BE REQUIRED TO REPORT ANNUALLY TO THE
DEPARTMENT ANY EXCESS REVENUES AND THE AMOUNT RETURNED TO RATEPAYERS.
(E) FOR PURPOSES OF THIS SUBDIVISION, "AUTHORIZED RATE OF RETURN ON
EQUITY" SHALL MEAN THE RETURN ON THE EQUITY PORTION OF THE RATE BASE
THAT AN ELECTRIC CORPORATION, GAS CORPORATION, OR COMBINATION GAS AND
ELECTRIC CORPORATION IS AUTHORIZED TO COLLECT IN RATES PURSUANT TO THE
SCHEDULE OF RATES AND CHARGES ON FILE WITH THE COMMISSION OR OTHERWISE
ADOPTED BY AN ORDER OF THE COMMISSION.
§ 4. Subdivision 10 of section 89-c of the public service law is
amended by adding two new paragraphs (j) and (k) to read as follows:
(J) (I) THE COMMISSION SHALL REQUIRE EACH APPLICATION FOR A MAJOR
CHANGE IN RATES FILED BY A WATER-WORKS CORPORATION TO INCLUDE AN EXECU-
TIVE COMPENSATION DISCLOSURE. SUCH EXECUTIVE COMPENSATION DISCLOSURE
SHALL INCLUDE: (A) THE MEDIAN OF THE ANNUAL TOTAL COMPENSATION OF ALL
EMPLOYEES OF THE WATER-WORKS CORPORATION, EXCEPT FOR SENIOR MANAGEMENT
POSITIONS; (B) THE ANNUAL TOTAL COMPENSATION OF THE CHIEF EXECUTIVE
OFFICER; (C) THE ANNUAL TOTAL COMPENSATION FOR EACH OTHER SENIOR MANAGE-
MENT POSITION; AND (D) THE RATIO OF THE AMOUNT DESCRIBED IN CLAUSE (A)
OF THIS SUBPARAGRAPH TO THE AMOUNT DESCRIBED IN CLAUSE (B) OF THIS
SUBPARAGRAPH.
(II) FOR PURPOSES OF THIS PARAGRAPH, "SENIOR MANAGEMENT POSITIONS"
SHALL INCLUDE A CHIEF EXECUTIVE OFFICER, CHIEF OPERATIONS OFFICER, CHIEF
FINANCIAL OFFICER, CHIEF INFORMATION OFFICER, CHIEF INFORMATION TECHNOL-
OGY OFFICER, OFFICER RESPONSIBLE FOR REGULATORY AFFAIRS, GENERAL COUN-
SEL, AND ANY OTHER POSITIONS CONSIDERED TO BE SENIOR EXECUTIVE MANAGE-
MENT BY THE CORPORATION.
(K) (I) THE COMMISSION SHALL REQUIRE EACH APPLICATION FOR A MAJOR
CHANGE IN RATES FILED BY A WATER-WORKS CORPORATION TO INCLUDE, IN ADDI-
TION TO THE CORPORATION'S RECOMMENDED PROPOSAL, A BUDGET CONSTRAINED
PROPOSAL THAT SEPARATELY ADDRESSES OPERATING EXPENSES, CAPITAL EXPENDI-
TURES, AND PROGRAMMATIC OR POLICY EXPENDITURES, COMMODITY SUPPLY COSTS,
TAXES, AND OTHER COSTS NOT WITHIN THE CONTROL OF THE CORPORATION. SUCH
BUDGET CONSTRAINED PROPOSAL SHALL NOT INCREASE THE APPLICANT'S AGGREGATE
S. 9008--C 36 A. 10008--C
REVENUES BY MORE THAN THE AVERAGE ANNUAL CONSUMER PRICE INDEX INCREASES
OVER THE PRIOR THREE YEARS.
(II) IN EACH APPLICATION FOR A MAJOR CHANGE IN RATES, THE CORPORATION
SHALL DEMONSTRATE HOW ANY INCREASE IN THE APPLICANT'S AGGREGATE REVENUES
BY MORE THAN THE INCREASE SET FORTH IN THE BUDGET CONSTRAINED PROPOSAL
IS NECESSARY TO ENSURE SAFETY, RELIABILITY, OR THE CONTINUATION OF
AFFORDABILITY PROGRAMS.
(III) THE COMMISSION SHALL REQUIRE THE CORPORATION TO TRACK EXPENDI-
TURES AND OUTCOMES AND EXPLAIN ALL MATERIAL DEVIATIONS FROM THE APPROVED
RATE PLAN NO LESS FREQUENTLY THAN ON A BIENNIAL BASIS.
§ 5. Section 114-a of the public service law, as amended by chapter
394 of the laws of 2021, is amended to read as follows:
§ 114-a. [Rates not to include cost of legislative lobbying] COSTS NOT
TO BE INCLUDED IN RATES. In determining rates to be charged customers,
the commission shall not include [the cost of legislative lobbying on
behalf of any public utility] as part of any [such] PUBLIC utility's
operational costs [and the commission shall not include the]:
1. ANY DIRECT OR INDIRECT COSTS ASSOCIATED WITH LOBBYING.
(A) LOBBYING SHALL INCLUDE ANY ATTEMPT TO INFLUENCE:
(I) THE PASSAGE OR DEFEAT OF ANY LEGISLATION OR RESOLUTION BY THE
STATE LEGISLATURE OR THE CONGRESS OF THE UNITED STATES INCLUDING BUT NOT
LIMITED TO THE INTRODUCTION OR INTENDED INTRODUCTION OF SUCH LEGISLATION
OR RESOLUTION OR APPROVAL OR DISAPPROVAL OF ANY LEGISLATION BY THE
GOVERNOR OR THE PRESIDENT OF THE UNITED STATES;
(II) THE ADOPTION, ISSUANCE, RESCISSION, MODIFICATION OR TERMS OF AN
EXECUTIVE ORDER ISSUED BY THE GOVERNOR OR THE PRESIDENT OF THE UNITED
STATES;
(III) THE PASSAGE OR DEFEAT OF ANY LOCAL LAW, ORDINANCE, RESOLUTION,
OR REGULATION BY ANY MUNICIPALITY OR SUBDIVISION THEREOF;
(IV) THE ADOPTION, ISSUANCE, RESCISSION, MODIFICATION OR TERMS OF AN
EXECUTIVE ORDER ISSUED BY THE CHIEF EXECUTIVE OFFICER OF A MUNICIPALITY;
OR
(V) THE ADOPTION OR REJECTION OF ANY RULE, REGULATION, OR RESOLUTION
HAVING THE FORCE AND EFFECT OF A LOCAL LAW, ORDINANCE, RESOLUTION, OR
REGULATION.
(B) LOBBYING SHALL NOT INCLUDE:
(I) ANY APPEARANCE BY ANY PERSON ON BEHALF OF A PUBLIC UTILITY BEFORE
A COMMITTEE OF EITHER HOUSE OF THE STATE LEGISLATURE OR THE CONGRESS OF
THE UNITED STATES WHERE ANY SUCH APPEARANCE IS AT THE REQUEST OF ANY
SUCH LEGISLATIVE COMMITTEE;
(II) PREPARING OR SUBMITTING A RESPONSE ON BEHALF OF A PUBLIC UTILITY
TO A REQUEST FOR INFORMATION OR COMMENTS BY THE CONGRESS OF THE UNITED
STATES, THE PRESIDENT OF THE UNITED STATES, THE STATE LEGISLATURE, THE
GOVERNOR, THE LEGISLATIVE OR EXECUTIVE BODY OR OFFICER OF A MUNICI-
PALITY, OR A FEDERAL, STATE OR LOCAL AGENCY; OR
(III) APPLICATIONS FOR LICENSES, CERTIFICATES, AND PERMITS AUTHORIZED
BY STATUTES OR LOCAL LAWS OR ORDINANCES.
2. THE cost of membership dues for any organization, association,
institution, corporation or any other entity that engages in [legisla-
tive] lobbying [as part of any such utility's operational costs. As
used in this section, legislative lobbying shall mean and include any
attempt by any person on behalf of a public utility to influence the
passage or defeat of any legislation by either house of the legislature
or the congress, or the approval or disapproval of any legislation by
the governor; provided however, legislative lobbying shall not include
any appearance by any person on behalf of a public utility before a
S. 9008--C 37 A. 10008--C
committee of either house of the legislature or the congress where any
such appearance is at the request of any such committee].
3. CONTRIBUTIONS OR GIFTS TO POLITICAL CANDIDATES, POLITICAL PARTIES,
POLITICAL OR LEGISLATIVE COMMITTEES OR ANY COMMITTEE OR ORGANIZATION
WORKING TO INFLUENCE REFERENDUM PETITIONS OR ELECTIONS.
4. CONTRIBUTIONS TO A CHAMBER OF COMMERCE OR A CHARITY, INCLUDING BUT
NOT LIMITED TO A CHARITY MANAGED BY THE PUBLIC UTILITY. FOR THE PURPOSES
OF THIS SUBDIVISION A "CHARITY" SHALL MEAN AN ENTITY FORMED PRIMARILY
FOR CHARITABLE PURPOSES, INCLUDING BUT NOT LIMITED TO:
(A) A CORPORATION FORMED UNDER THE BUSINESS CORPORATION LAW, THE
LIMITED LIABILITY COMPANY LAW, OR THE NOT-FOR-PROFIT CORPORATION LAW
PRIMARILY FOR CHARITABLE PURPOSES;
(B) A CHARITABLE TRUST AS DEFINED BY ARTICLE EIGHT OF THE ESTATES,
POWERS, AND TRUSTS LAW; AND
(C) ANY CHARITABLE FOUNDATION REGISTERED WITHIN THE STATE THAT SUBMITS
FINANCIAL DISCLOSURES TO THE ATTORNEY GENERAL.
5. ANY DIRECT OR INDIRECT COSTS ASSOCIATED WITH: (A) TRAVEL, LODGING,
FOOD, OR BEVERAGE EXPENSES THAT EXCEED THE MOST RECENT FEDERAL PER DIEM
RATES PUBLISHED BY THE GENERAL SERVICES ADMINISTRATION; (B) ENTER-
TAINMENT OR GIFTS; AND (C) ANY OWNED, LEASED OR CHARTERED AIRCRAFT FOR
SUCH PUBLIC UTILITY'S BOARD OF DIRECTORS AND OFFICERS OR THE BOARD OF
DIRECTORS AND OFFICERS OF SUCH PUBLIC UTILITY'S PARENT COMPANY.
6. EXPENDITURES FOR PUBLIC RELATIONS CAMPAIGNS AND ADVERTISING. PUBLIC
RELATIONS CAMPAIGNS AND ADVERTISING INCLUDE EXPENDITURES RELATING TO
INFORMATION DELIVERED TO THE PUBLIC OR TO THE PUBLIC UTILITY'S CUSTOMERS
BY RADIO, TELEVISION, THE INTERNET, PRINT AND OTHER MEDIA, OR THROUGH
SPONSORSHIPS, PAID ENDORSEMENTS THAT BEAR THE NAME OF THE PUBLIC UTILITY
OR AN ORGANIZATION THAT RECEIVES FUNDS FROM A PUBLIC UTILITY, THAT IS
PRIMARILY INTENDED TO ENHANCE THE PUBLIC IMAGE OF THE PUBLIC UTILITY OR
IS INTENDED TO SOLICIT GOODWILL TOWARDS THE PUBLIC UTILITY AND THAT DOES
NOT INCLUDE THE OFFER OF GOODS OR SERVICES TO ACTUAL OR POTENTIAL RATE-
PAYERS. THIS SUBDIVISION DOES NOT INCLUDE COMMUNICATIONS WITH THE
PERSON'S STOCKHOLDERS, EMPLOYEES, BOARD MEMBERS, OR OFFICERS.
§ 6. Within 180 days from the effective date of this act, the public
service commission shall issue a review of the standards and procedures
used to ensure that inappropriate utility expenses are not charged to
ratepayers including but not limited to those expenses listed in section
114-a of the public service law.
§ 7. This act shall take effect January 1, 2027 and shall not affect
any matter relating to a major change in rates or charges initiated
prior to such date. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART O
Section 1. Paragraphs (f) and (j) of subdivision 12 of section 66 of
the public service law, as amended by chapter 154 of the laws of 1989,
are amended to read as follows:
(f) (I) Whenever there shall be filed with the commission by any util-
ity any schedule stating a new rate or charge, or any change in any form
of contract or agreement or any rule or regulation relating to any rate,
charge or service, or in any general privilege or facility, the commis-
sion may, at any time within sixty days from the date when such schedule
would or has become effective, either upon complaint or upon its own
S. 9008--C 38 A. 10008--C
initiative, and, if it so orders, without answer or other formal plead-
ing by the utility, but upon reasonable notice, hold a hearing concern-
ing the propriety of a change proposed by the filing. If such change is
a major change, the commission shall hold such a hearing. Pending such
hearing and decision thereon, the commission, upon filing with such
schedule and delivering to the utility, a statement in writing of its
reasons therefor, may suspend the operation of such schedule, but not
for a longer period than [one hundred and twenty days] FOURTEEN MONTHS
beyond the time when it would otherwise go into effect. After full hear-
ing, whether completed before or after the schedule goes into effect,
the commission may make such order in reference thereto as would be
proper in a proceeding begun after the rate, charge, form of contract or
agreement, rule, regulation, service, general privilege or facility had
become effective. [If any such hearing cannot be concluded within the
period of suspension as above stated, the commission may extend the
suspension for a further period, not exceeding six months.]
(II) THE COMMISSION IS AUTHORIZED TO APPROVE, AND ANY HEARING INVOLV-
ING A MAJOR CHANGE IN RATES FOR A GAS CORPORATION, ELECTRIC CORPORATION,
OR COMBINATION GAS AND ELECTRIC CORPORATION MAY CONSIDER, WHETHER AS A
RESULT OF LITIGATION OR SETTLEMENT NEGOTIATIONS, MULTI-YEAR CHANGES IN
RATES OR CHARGES, IN ADDITION TO THE UTILITY'S FILING. ANY SUCH ADDI-
TIONAL MULTI-YEAR RATES OR CHARGES WHICH RESULT FROM A LITIGATED PROCESS
ARE AUTHORIZED TO BE IMPLEMENTED IN A SIMILAR MANNER TO THOSE RESULTING
FROM SETTLEMENT NEGOTIATIONS. THE COMMISSION SHALL, IN EACH ORDER
APPROVING A MAJOR CHANGE IN RATES FOR SUCH CORPORATION, EXPLAIN HOW THE
INFORMATION IN THE RECORD THAT IT RECEIVED FROM SUCH CORPORATION AND THE
PARTIES IMPACTED ITS DETERMINATION TO APPROVE A MAJOR CHANGE IN RATES
CONSISTENT WITH THE PUBLIC INTEREST EITHER AS A RESULT OF LITIGATION OR
FROM A SETTLEMENT, AND INCLUDE A WRITTEN SUMMARY OF THE COMMISSION'S
RATIONALE.
(j) The schedule, rates, charges, form of contract or agreement, rule,
regulation, service, general privilege or facility in force when the new
schedule, rate, charge, form of contract, rule, regulation, service,
general privilege or facility was filed shall continue in force during
the period of the suspension unless the commission shall establish a
temporary rate or charge as authorized by section seventy-two of this
article. PROVIDED, HOWEVER, THAT WHENEVER THE COMMISSION SHALL DENY A
REQUEST BY A UTILITY FOR A MAJOR CHANGE IN RATES OR CHARGES, THE SCHED-
ULE, RATE, CHARGE, FORM OF CONTRACT OR AGREEMENT, RULE, REGULATION,
GENERAL PRIVILEGE, FACILITY, OR SERVICE IMMEDIATELY IN EFFECT PRIOR TO
SUCH REQUEST BEING FILED SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL
SUCH TIME AS THE COMMISSION APPROVES A NEW SCHEDULE OF RATES OR CHARGES,
UNLESS THE COMMISSION ESTABLISHED A TEMPORARY RATE OR CHARGE AS AUTHOR-
IZED BY SECTION SEVENTY-TWO OF THIS ARTICLE.
§ 2. Paragraphs (f) and (g) of subdivision 10 of section 80 of the
public service law, as amended by chapter 154 of the laws of 1989, are
amended to read as follows:
(f) (I) Whenever there shall be filed with the commission by any util-
ity any schedule stating a new rate or charge, or any change in any form
of contract or agreement or any rule or regulation relating to any rate,
charge or service, or in any general privilege or facility, the commis-
sion may, at any time within sixty days from the date when such schedule
would or has become effective, either upon complaint or upon its own
initiative, and, if it so orders, without answer or other formal plead-
ing by the utility, but upon reasonable notice, hold a hearing concern-
ing the propriety of a change proposed by the filing. If such change is
S. 9008--C 39 A. 10008--C
a major change, the commission shall hold such a hearing. Pending such
hearing and decision thereon the commission, upon filing with such sche-
dule and delivering to the utility, a statement in writing of its
reasons therefor, may suspend the operation of such schedule, but not
for a longer period than [one hundred and twenty days] FOURTEEN MONTHS
beyond the time when it would otherwise go into effect. After full hear-
ing, whether completed before or after the schedule goes into effect,
the commission may make such order in reference thereto as would be
proper in a proceeding begun after the rate, charge, form of contract or
agreement, rule, regulation, service, general privilege or facility had
become effective. [If such hearing cannot be concluded within the period
of suspension as above stated, the commission may extend the suspension
for a further period not exceeding six months.]
(II) THE COMMISSION IS AUTHORIZED TO APPROVE, AND ANY HEARING INVOLV-
ING A MAJOR CHANGE IN RATES FOR A STEAM CORPORATION MAY CONSIDER, WHETH-
ER AS A RESULT OF LITIGATION OR SETTLEMENT NEGOTIATIONS, MULTI-YEAR
CHANGES IN RATES OR CHARGES, IN ADDITION TO THE UTILITY'S FILING. ANY
SUCH ADDITIONAL MULTI-YEAR RATES OR CHARGES WHICH RESULT FROM A LITI-
GATED PROCESS ARE AUTHORIZED TO BE IMPLEMENTED IN A SIMILAR MANNER TO
THOSE RESULTING FROM SETTLEMENT NEGOTIATIONS. THE COMMISSION SHALL, IN
EACH ORDER APPROVING A MAJOR CHANGE IN RATES FOR A STEAM CORPORATION,
EXPLAIN HOW THE INFORMATION IN THE RECORD THAT IT RECEIVED FROM SUCH
CORPORATION AND THE PARTIES IMPACTED ITS DETERMINATION TO APPROVE A
MAJOR CHANGE IN RATES CONSISTENT WITH THE PUBLIC INTEREST EITHER AS A
RESULT OF LITIGATION OR FROM A SETTLEMENT, AND INCLUDE A WRITTEN SUMMARY
OF THE COMMISSION'S RATIONALE.
(g) The commission may, as authorized by section eighty-five of this
article, establish temporary rates or charges for any period of suspen-
sion under this section. At any hearing involving a rate or charge, the
burden of proof to show that the change in rate or charge, or proposed
change in rate or charge if proposed by the utility, or that the exist-
ing rate or charge, if it is proposed to reduce the rate or charge, is
just and reasonable shall be upon the utility; and the commission may
give to the hearing and decision of such questions preference over all
other questions pending before it. The schedule, rates, charges, form of
contract or agreement, rule, regulation, service, general privilege or
facility in force when the new schedule, rate, charge, form of contract,
rule, regulation, service, general privilege or facility was filed shall
continue in force during the period of the suspension unless the commis-
sion shall establish a temporary rate or charge as authorized by section
eighty-five of this article. PROVIDED, HOWEVER, THAT WHENEVER THE
COMMISSION SHALL DENY A REQUEST BY A UTILITY FOR A MAJOR CHANGE IN RATES
OR CHARGES, THE SCHEDULE, RATE, CHARGE, FORM OF CONTRACT OR AGREEMENT,
RULE, REGULATION, GENERAL PRIVILEGE, FACILITY, OR SERVICE IMMEDIATELY IN
EFFECT PRIOR TO SUCH REQUEST BEING FILED SHALL REMAIN IN FULL FORCE AND
EFFECT UNTIL SUCH TIME AS THE COMMISSION APPROVES A NEW SCHEDULE OF
RATES OR CHARGES, UNLESS THE COMMISSION ESTABLISHED A TEMPORARY RATE OR
CHARGE AS AUTHORIZED BY SECTION EIGHTY-FIVE OF THIS ARTICLE.
§ 3. This act shall take effect immediately and shall apply to any
proposed change in rates filed on or after January 1, 2027.
PART P
Section 1. The public service law is amended by adding a new section
66-x to read as follows:
S. 9008--C 40 A. 10008--C
§ 66-X. ENERGY AFFORDABILITY INDEX. 1. (A) BEGINNING JANUARY FIRST,
TWO THOUSAND TWENTY-SEVEN, THE COMMISSION SHALL REQUIRE EACH GAS CORPO-
RATION, ELECTRIC CORPORATION, OR COMBINATION GAS AND ELECTRIC CORPO-
RATION TO SUBMIT AN ANNUAL AFFORDABILITY INDEX SHOWING THE ENERGY BURDEN
OF SUCH CORPORATION'S RESIDENTIAL CUSTOMERS.
(B) THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS ADOPTING A
METHODOLOGY FOR GAS CORPORATIONS, ELECTRIC CORPORATIONS AND COMBINATION
GAS AND ELECTRIC CORPORATIONS TO CALCULATE AN AFFORDABILITY INDEX. THE
METHODOLOGY MAY INCLUDE THE CONSIDERATION OF A VARIETY OF FACTORS
INCLUDING DIFFERENTIATED INCOME TIERS, SOURCES OF ENERGY BURDEN, ENERGY
COST DRIVERS IN THE RELEVANT SERVICE TERRITORY, AND SUCH OTHER FACTORS
AS THE COMMISSION MAY DETERMINE, AND SHALL TO THE MAXIMUM EXTENT PRACTI-
CABLE, USE PUBLICLY AVAILABLE DATA.
2. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-SEVEN, AND ANNUALLY
THEREAFTER, THE COMMISSION SHALL ISSUE A REPORT ON ENERGY AFFORDABILITY
THAT INCLUDES A COMPARISON OF THE AFFORDABILITY OF RESIDENTIAL UTILITY
SERVICE PROVIDED BY EACH GAS CORPORATION, ELECTRIC CORPORATION, AND
COMBINATION GAS AND ELECTRIC CORPORATION IN NEW YORK STATE TO AFFORDA-
BILITY DATA FROM OTHER STATES AS REPORTED BY THE UNITED STATES ENERGY
INFORMATION ADMINISTRATION.
3. THE COMMISSION MAY REFER TO SUCH REPORT, INCLUDING INFORMATION
OBTAINED FROM THE FILINGS OF AFFORDABILITY INDICES IN ACCORDANCE WITH
SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (Q) OF SUBDIVISION TWELVE
OF SECTION SIXTY-SIX OF THIS ARTICLE, AND INFORMATION OBTAINED FROM
REPORTS OF AFFORDABILITY MONITORS AND INVESTIGATIONS OF GAS CORPO-
RATIONS, ELECTRIC CORPORATIONS, AND COMBINATION GAS AND ELECTRIC CORPO-
RATIONS PURSUANT TO SUBDIVISION THIRTY-THREE OF SECTION SIXTY-SIX OF
THIS ARTICLE WHEN REVIEWING FILINGS FOR MAJOR CHANGES IN RATES, AND
SHALL FURTHER CONSIDER THE RATEPAYER AFFORDABILITY OF SUCH FILING, WITH
A FOCUS ON CUMULATIVE RATE IMPACTS, THE INTEREST OF LOW- AND MIDDLE-IN-
COME UTILITY CUSTOMERS, AND MINIMIZING RESIDENTIAL ENERGY BURDEN. THE
COMMISSION SHALL, IN EACH ORDER APPROVING A MAJOR CHANGE IN RATES FOR A
GAS CORPORATION, ELECTRIC CORPORATION, OR COMBINATION GAS AND ELECTRIC
CORPORATION EXPLAIN HOW SUCH INFORMATION IMPACTED ITS DETERMINATION, AND
INCLUDE A WRITTEN SUMMARY OF THE SPECIFIC ACTIONS TAKEN BY THE COMMIS-
SION OR DEPARTMENT DURING THE HEARING TO PROMOTE RATEPAYER AFFORDABILI-
TY.
§ 2. Subdivision 12 of section 66 of the public service law is amended
by adding a new paragraph (q) to read as follows:
(Q) THE COMMISSION SHALL REQUIRE EACH FILING INVOLVING A MAJOR CHANGE
IN RATES FILED BY A GAS CORPORATION, ELECTRIC CORPORATION, OR COMBINA-
TION GAS AND ELECTRIC CORPORATION TO INCLUDE AN AFFORDABILITY INDEX THAT
SHOWS THE ENERGY BURDEN OF SUCH CORPORATION'S RESIDENTIAL CUSTOMERS AT
THE TIME OF THE CORPORATION'S FILING AND WHAT THE ENERGY BURDEN WOULD BE
FOLLOWING THE CORPORATION'S FILED CHANGE IN RATES, AS CALCULATED USING
THE METHODOLOGY ADOPTED BY THE COMMISSION PURSUANT TO SECTION
SIXTY-SIX-X OF THIS ARTICLE.
(I) THE CORPORATION SHALL ADDITIONALLY INCLUDE WITHIN SUCH FILING
POTENTIAL SOLUTIONS TO ASSIST ENERGY BURDENED CUSTOMERS.
(II) ALL INFORMATION PERTAINING TO THE REQUIREMENTS SET FORTH IN THIS
PARAGRAPH SHALL BE PUBLICLY AVAILABLE ON THE COMMISSION'S WEBSITE,
EXCEPT IN CASES WHERE SUCH PUBLIC AVAILABILITY AND POSTING WOULD RESULT
IN DISCLOSURE OF CONFIDENTIAL INFORMATION, SUCH CONFIDENTIAL INFORMATION
SHALL BE EXCLUDED OR ANONYMIZED.
§ 3. Section 66 of the public service law is amended by adding a new
subdivision 33 to read as follows:
S. 9008--C 41 A. 10008--C
33. (A) FOLLOWING ANY COMMISSION DECISION THAT ESTABLISHES A CHANGE IN
RATES THAT RESULTS IN AN ENERGY BURDEN GREATER THAN THREE PERCENT FOR
RESIDENTIAL ELECTRIC SERVICE OR GREATER THAN THREE PERCENT FOR RESIDEN-
TIAL GAS SERVICE, OR GREATER THAN SIX PERCENT FOR RESIDENTIAL COMBINA-
TION ELECTRIC AND GAS SERVICE, THE COMMISSION SHALL HAVE THE POWER TO
INSTALL AN INDEPENDENT AFFORDABILITY MONITOR INSIDE SUCH GAS CORPO-
RATION, ELECTRIC CORPORATION, OR COMBINATION GAS AND ELECTRIC CORPO-
RATION FOR A TIME PERIOD DETERMINED BY THE COMMISSION BUT FOR NO LESS
THAN ONE YEAR AND WHICH SHALL NOT CONTINUE BEYOND ANY COMMISSION DECI-
SION ESTABLISHING A NEW SCHEDULE OF RATES OR CHARGES WHICH CONSTITUTES A
MAJOR CHANGE, PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION OTHER THAN
TO COMPLETE ITS RESPONSIBILITIES PURSUANT TO PARAGRAPH (C) OF THIS
SUBDIVISION RELEVANT TO THE FILING FOR WHICH IT WAS INSTALLED.
(B) IN EVERY CASE IN WHICH THE COMMISSION INSTALLS AN AFFORDABILITY
MONITOR, IT SHALL HAVE AUTHORITY TO SELECT THE MONITOR, WHO SHALL NOT BE
AFFILIATED WITH, OR HAVE A FINANCIAL INTEREST IN SUCH CORPORATION OR BE
AN EXISTING EMPLOYEE OF THE DEPARTMENT, TO ENTER INTO A CONTRACT WITH
THE MONITOR, AND ENSURE THE MONITOR'S SERVICES ARE PAID FOR. SUCH
CONTRACT SHALL PROVIDE FURTHER THAT THE MONITOR SHALL WORK FOR AND UNDER
THE DIRECTION OF THE COMMISSION ACCORDING TO SUCH TERMS AS THE COMMIS-
SION MAY DETERMINE ARE NECESSARY AND REASONABLE.
(C) (I) SUCH AFFORDABILITY MONITOR SHALL HAVE POWER TO EXAMINE
RECORDS, INCLUDING BUT NOT LIMITED TO, THE ACCOUNTS, BOOKS, CONTRACTS,
PROPERTY, ASSETS, PROCUREMENT HISTORY, TAXES, ACCOUNTING, OPERATIONS,
MAINTENANCE, PAST AND PRESENT CUSTOMER BILLING SYSTEMS AND RELATED DOCU-
MENTS, CUSTOMER COMPLAINTS, AS WELL AS FINANCIAL DOCUMENTS, REPORTS, AND
PAPERS OF THE CORPORATION AND SHALL HAVE FULL ACCESS TO MANAGEMENT MEET-
INGS AND RELATED RECORDS IN ORDER TO REVIEW THE CORPORATION'S OPERATIONS
AND EXPENDITURES, AND THE CORPORATION SHALL PROVIDE SUCH MATERIALS AND
SUCH ACCESS TO THE AFFORDABILITY MONITOR.
(II) THE AFFORDABILITY MONITOR SHALL REPORT TO THE COMMISSION AT LEAST
BIANNUALLY THE PRIMARY COST DRIVERS THAT CAUSED THE ENERGY BURDEN TO
RISE MORE THAN THREE PERCENT FOR RESIDENTIAL ELECTRIC SERVICE OR GREATER
THAN THREE PERCENT FOR RESIDENTIAL GAS SERVICE, OR GREATER THAN SIX
PERCENT FOR RESIDENTIAL COMBINATION GAS AND ELECTRIC SERVICE, OPPORTU-
NITIES FOR COST SAVINGS AND RESIDENTIAL RATE REDUCTION, RECOMMENDED
CHANGES IN CORPORATION OPERATIONS, INCENTIVES, PRACTICES, OR POLICIES TO
ACHIEVE SAVINGS, AND OTHER INFORMATION THE AFFORDABILITY MONITOR DETER-
MINES RELEVANT. SUCH REPORT SHALL BE PUBLICLY AVAILABLE AND POSTED PROM-
INENTLY ON THE COMMISSION'S WEBSITE.
(III) THE COMMISSION UPON RECEIVING A REPORT FROM THE AFFORDABILITY
MONITOR SHALL REVIEW THE PRIMARY COST DRIVERS AND IDENTIFIED OPPORTU-
NITIES FOR SAVINGS.
(IV) THE COMMISSION IN ITS REVIEW SHALL MAKE A DETERMINATION OF WHETH-
ER THE OPPORTUNITIES FOR SAVINGS DETAILED BY THE ENERGY AFFORDABILITY
MONITOR MERIT IMPLEMENTATION. IF THE COMMISSION DETERMINES THAT ANY OF
THE IDENTIFIED OPPORTUNITIES FOR SAVINGS ARE NOT EFFICIENT, JUST AND
REASONABLE, OR WOULD IMPACT SAFETY OR RELIABILITY, OR OTHERWISE DO NOT
MERIT IMPLEMENTATION, THE COMMISSION SHALL EXPLAIN THE BASIS FOR THAT
DETERMINATION. IF THE COMMISSION DETERMINES AN OPPORTUNITY FOR SAVINGS
MERITS IMPLEMENTATION, IT SHALL ISSUE AN ORDER WITHIN 180 DAYS TO IMPLE-
MENT SUCH OPPORTUNITY.
(D) ANY GAS CORPORATION, ELECTRIC CORPORATION, OR COMBINATION ELECTRIC
AND GAS CORPORATION SHALL PROMPTLY AND COMPREHENSIVELY COMPLY WITH ANY
INVESTIGATION OR INVESTIGATION REQUEST.
S. 9008--C 42 A. 10008--C
(E) (I) IF THE ENERGY AFFORDABILITY MONITOR DISCOVERS EVIDENCE OF
WIDESPREAD ERRORS, INCLUDING BUT NOT LIMITED TO ERRORS IN BILLING,
RATES, CHARGES, AND COMPENSATION FOR EMPLOYEES OR THIRD-PARTY CONTRAC-
TORS, MISCATEGORIZATION OF EXPENSES, FRAUD, OR WRONGDOING, AND THE
DEPARTMENT, AFTER REVIEWING THE EVIDENCE FROM THE MONITOR, DETERMINES
SUCH EVIDENCE CONSTITUTES A CREDIBLE AND ACTIONABLE ALLEGATION OF A
VIOLATION OF THE LAW, THE DEPARTMENT SHALL INITIATE AN INVESTIGATION OR
ENFORCEMENT ACTION.
(II) THE COMMISSION SHALL DETERMINE WHETHER THE CORPORATION WAS AT
FAULT AND SHALL TAKE ANY CORRECTIVE ACTION IT DEEMS APPROPRIATE. ANY
SETTLEMENT, INTEREST, FEES, PENALTIES OR DISGORGED PROFITS COLLECTED BY
THE COMMISSION AS A RESULT OF INVESTIGATIONS PURSUANT TO THIS SUBDIVI-
SION SHALL BE RETURNED TO IMPACTED RESIDENTIAL AND SMALL NON-RESIDENTIAL
RATEPAYERS IN THE FORM OF ON-BILL CREDITS.
§ 4. This act shall take effect January 1, 2027. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.
PART Q
Intentionally Omitted
PART R
Section 1. Subdivision 5 of section 8-0105 of the environmental
conservation law, as amended by chapter 228 of the laws of 1976, is
amended and three new subdivisions 11, 12 and 13 are added to read as
follows:
5. "Actions" do not include:
(i) enforcement proceedings or the exercise of prosecutorial
discretion in determining whether or not to institute such proceedings;
(ii) official acts of a ministerial nature, involving no exercise of
discretion;
(iii) maintenance or repair involving no substantial changes in
[exsiting] EXISTING structure or facility.
11. "PREVIOUSLY DISTURBED SITE" MEANS A PARCEL OF LAND THAT:
(I) IS DETERMINED BY A RESPONSIBLE AGENCY TO HAVE BEEN SUBSTANTIALLY
ALTERED BY AN OCCUPIED, FORMERLY OCCUPIED, OR DEMOLISHED BUILDING OR BY
ANOTHER IMPROVEMENT OR USE AT LEAST TWO YEARS PRIOR TO THE APPLICATION
FOR A PERMIT OR AUTHORIZATION FOR AN ACTION;
(II) FOR ANY PARCEL LOCATED WITHIN A CITY, TOWN, OR VILLAGE WITH A
POPULATION OF FEWER THAN ONE MILLION PERSONS AND LOCATED OUTSIDE OF AN
URBAN AREA, AS SUCH TERM OR EQUIVALENT TERM IS OR COMES TO BE DEFINED BY
THE UNITED STATES CENSUS BUREAU IN THE MOST RECENT DECENNIAL CENSUS
BEGINNING ON OR AFTER THE TWO THOUSAND TWENTY DECENNIAL CENSUS, SUCH
PARCEL SHALL ABUT, ADJOIN, OR BE OPPOSITE FROM ANOTHER PARCEL THAT IS OR
HAS BEEN OCCUPIED OR FORMERLY OCCUPIED BY A BUILDING, OR DEMOLISHED
BUILDING, OR ANOTHER IMPROVEMENT OR USE AT LEAST TWO YEARS PRIOR TO THE
APPLICATION FOR A PERMIT OR AUTHORIZATION FOR AN ACTION, PROVIDED SUCH
ABUTTING, ADJOINING, OR OPPOSITE PARCEL SHALL NOT BE OCCUPIED BY AN
INDUSTRIAL OR AGRICULTURAL USE;
(III) FOR ANY PARCEL THAT IS LOCATED WITHIN A CITY, TOWN, OR VILLAGE
WITH A POPULATION OF FEWER THAN ONE MILLION PERSONS, IS NOT LOCATED IN A
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) DESIGNATED 100-YEAR FLOOD-
S. 9008--C 43 A. 10008--C
PLAIN, OR SPECIAL FLOOD HAZARD AREA, PROVIDED THAT THIS PARAGRAPH SHALL
NOT APPLY IF SUCH A CITY, TOWN, OR VILLAGE HAS ADOPTED A LAW OR ORDI-
NANCE THAT REQUIRES NEW CONSTRUCTION TO BE ELEVATED ABOVE THE BASE FLOOD
ELEVATION AS DEFINED BY FEMA;
(IV) FOR ANY PARCEL THAT IS LOCATED WITHIN A CITY, TOWN, OR VILLAGE
WITH A POPULATION OF MORE THAN ONE MILLION PERSONS, IS NOT LOCATED IN
A FLOOD HAZARD AREA, AS DEFINED IN SECTION TWO HUNDRED TWO OF THE NEW
YORK CITY BUILDING CODE, PROVIDED THAT THIS PARAGRAPH SHALL NOT APPLY IF
SUCH A CITY, TOWN, OR VILLAGE HAS ADOPTED A LAW OR ORDINANCE THAT
REQUIRES NEW CONSTRUCTION TO BE ELEVATED ABOVE THE BASE FLOOD ELEVATION
AS DEFINED BY FEMA;
(V) IS NOT CURRENTLY BEING USED FOR AGRICULTURAL PURPOSES AND HAS NOT
BEEN USED FOR AGRICULTURAL PURPOSES WITHIN: (A) THE IMMEDIATELY PRECED-
ING TWO YEARS, OR (B) THREE OF THE LAST FIVE YEARS BEFORE THE APPLICA-
TION FOR A PERMIT OR AUTHORIZATION FOR AN ACTION; AND
(VI) IS NOT LOCATED IN A DESIGNATED COASTAL EROSION HAZARD AREA.
12. "SMALL COMMUNITY WATER SYSTEM" MEANS A PUBLIC WATER SYSTEM WHICH
SERVES AT LEAST FIVE SERVICE CONNECTIONS USED BY YEAR-ROUND RESIDENTS OR
REGULARLY SERVES AT LEAST TWENTY-FIVE YEAR-ROUND RESIDENTS, AND SERVES
THIRTY-THREE HUNDRED OR FEWER PERSONS.
13. "PUBLIC SCHOOL FACILITIES" SHALL MEAN EDUCATIONAL FACILITIES, AS
DEFINED IN SECTION TWENTY-FIVE HUNDRED NINETY-A OF THE EDUCATION LAW, OF
A CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR
MORE PERSONS, OVER WHICH THE DEPARTMENT OF EDUCATION FOR SUCH CITY HAS
JURISDICTION, FOR PURPOSES OF MEETING THE CLASS SIZE COMPLIANCE TARGETS
SET FORTH IN SUBDIVISION TWO OF SECTION TWO HUNDRED ELEVEN-D OF THE
EDUCATION LAW.
§ 2. The opening paragraph of subdivision 4 of section 8-0109 of the
environmental conservation law, as amended by chapter 49 of the laws of
2023, is amended to read as follows:
As early as possible in the formulation of a proposal for an action
BUT NOT MORE THAN ONE YEAR FROM THE ESTABLISHMENT OF A LEAD AGENCY, the
responsible agency shall make an initial determination as to whether an
environmental impact statement need be prepared for the action. In
making such determination for any proposed action the responsible agency
shall consider whether such action may cause or increase a dispropor-
tionate pollution burden on a disadvantaged community that is directly
or significantly indirectly affected by such action. When an action is
to be carried out or approved by two or more agencies, such determi-
nation shall be made as early as possible after the designation of the
lead agency.
§ 3. Subdivision 5 of section 8-0109 of the environmental conservation
law, as amended by chapter 252 of the laws of 1977, the opening para-
graph as amended by chapter 749 of the laws of 1991, is amended to read
as follows:
5. After the filing of a draft environmental impact statement the
agency shall determine whether or not to conduct a public hearing on the
environmental impact of the proposed action. If the agency determines to
hold such a hearing, it shall commence the hearing within sixty days of
the filing and unless the proposed action is withdrawn from consider-
ation shall prepare the environmental impact statement within forty-five
days after the close of the hearing, except as otherwise provided. The
need for such a hearing shall be determined in accordance with proce-
dures adopted by the agency pursuant to section 8-0113 of this article.
If no hearing is held, the agency shall prepare and make available the
S. 9008--C 44 A. 10008--C
environmental impact statement within sixty days after the filing of the
draft, except as otherwise provided.
Notwithstanding the specified time periods established by this arti-
cle[,]:
(A) an agency shall vary the times so established herein for prepara-
tion, review and public hearings to coordinate the environmental review
process with other procedures relating to review and approval of an
action. An application for a permit or authorization for an action upon
which a draft environmental impact statement is determined to be
required shall not be complete until such draft statement has been filed
and accepted by the agency as satisfactory with respect to scope,
content and adequacy for purposes of [paragraph] SUBDIVISION four of
this section. Commencing upon such acceptance, the environmental impact
statement process shall run concurrently with other procedures relating
to the review and approval of the action so long as reasonable time is
provided for preparation, review and public hearings with respect to the
draft environmental impact statement[.]; AND
(B) FOR ACTIONS INVOLVING APPLICATIONS FOR A PERMIT OR AUTHORIZATION,
THE AGENCY SHALL PREPARE AND MAKE AVAILABLE THE ENVIRONMENTAL IMPACT
STATEMENT WITHIN TWO YEARS AFTER THE DATE A DRAFT ENVIRONMENTAL IMPACT
STATEMENT IS DETERMINED TO BE REQUIRED, UNLESS THE AGENCY EXTENDS THE
DEADLINE IN WRITING AND, IN CONSULTATION WITH AN APPLICANT AND AT THE
DISCRETION OF THE AGENCY, ESTABLISHES A NEW DEADLINE THAT PROVIDES ONLY
SO MUCH ADDITIONAL TIME AS IS NECESSARY TO COMPLETE THE ENVIRONMENTAL
IMPACT STATEMENT, CONSIDERING ANY CHANGES MADE BY THE APPLICANT TO THE
PROJECT DESIGN AFTER THE ISSUANCE OF THE SCOPING DOCUMENT THAT RESULT IN
NEW SIGNIFICANT ENVIRONMENTAL IMPACTS, OR ADDITIONAL ACTIONS THAT COULD
NOT HAVE BEEN REASONABLY ANTICIPATED DURING SCOPING, OR THE FAILURE OF
AN APPLICANT TO TIMELY PROVIDE NECESSARY INFORMATION DESPITE GOOD FAITH
EFFORT BY AN AGENCY, OR DELAY IN CIRCUMSTANCES BEYOND THE CONTROL OF AN
AGENCY OR AN APPLICANT.
§ 4. Section 8-0111 of the environmental conservation law is amended
by adding a new subdivision 5-a to read as follows:
5-A. EXEMPTIONS. (A) NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO
THE CONTRARY, THE QUALIFIED ACTIONS LISTED IN PARAGRAPH (B) OF THIS
SUBDIVISION SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS ARTICLE AS
DETERMINED BY THE RESPONSIBLE AGENCY. IN MAKING THIS DETERMINATION, THE
RESPONSIBLE AGENCY SHALL CONSIDER THE ACTION AS A WHOLE. IF THE RESPON-
SIBLE AGENCY DETERMINES THAT NO ASPECT OF THE ACTION REQUIRES REVIEW
UNDER THIS ARTICLE, MEANING EVERY ASPECT OF THE ACTION MEETS CRITERIA
FOR EXEMPTION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION OR IS OTHER-
WISE EXEMPT FROM THE REQUIREMENTS OF THIS ARTICLE, THE AGENCY MAY
PROCEED IN ACCORDANCE WITH THE CRITERIA AND STANDARDS FOR FINAL DECISION
UNDER OTHER APPLICABLE LAWS, REGULATIONS, AND ORDINANCES.
(B) AN ACTION THAT IS NOT OTHERWISE EXEMPT FROM THE REQUIREMENTS OF
THIS ARTICLE, WHICH MAY INCLUDE BUILDING PERMITS, SPECIAL USE PERMITS,
VARIANCES, SUBDIVISION APPROVALS, SITE PLAN APPROVALS, ZONING TEXT OR
MAP AMENDMENTS, DISPOSITION OR ACQUISITION OF REAL PROPERTY, PROVISION
OF FINANCIAL ASSISTANCE, ANY OTHER ACTIONS GOVERNED BY LAWS, RULES,
REGULATIONS, OR PROCEDURES CONCERNING LAND USE, ZONING, PERMITTING, REAL
PROPERTY ACQUISITION OR DISPOSITION, OR DEVELOPMENT FINANCIAL ASSIST-
ANCE, OR ANY COMBINATION THEREOF, SHALL BE A QUALIFIED ACTION EXEMPT
FROM THE REQUIREMENTS OF THIS ARTICLE IF THE RESPONSIBLE AGENCY DETER-
MINES THAT THE ACTION IS FOR THE PURPOSES OF:
(I) CONSTRUCTION OF HOUSING IN CITIES, TOWNS, AND VILLAGES WITH POPU-
LATIONS OF ONE MILLION OR MORE THAT SHALL:
S. 9008--C 45 A. 10008--C
(1) BE CONNECTED TO EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE
SYSTEMS AT THE COMMENCEMENT OF HABITATION;
(2) BE LOCATED AT A PREVIOUSLY DISTURBED SITE;
(3) NOT BE LOCATED WITHIN AN AREA ZONED EXCLUSIVELY FOR INDUSTRIAL
USES;
(4) CONTAIN NO MORE THAN FIFTY THOUSAND SQUARE FEET OF COMMERCIAL,
RETAIL, COMMUNITY FACILITY, OR OTHER NON-INDUSTRIAL NON-RESIDENTIAL
USES;
(5) NOT EXCEED TWO HUNDRED FIFTY DWELLING UNITS, PROVIDED, HOWEVER,
THAT FOR HOUSING THAT SHALL BE LOCATED WITHIN A ZONING DISTRICT WHERE,
AT THE TIME OF APPLICATION, (A) THE STANDARD MAXIMUM RESIDENTIAL BUILD-
ING HEIGHT IS GREATER THAN FORTY-FIVE FEET, (B) THE MAXIMUM HEIGHT OF A
BUILDING IS REGULATED BY SOMETHING OTHER THAN A HORIZONTAL PLANE AND
THAT ALLOWS RESIDENTIAL BUILDINGS TO EXCEED FORTY-FIVE FEET, OR (C)
THERE IS NO SUCH MAXIMUM BUILDING HEIGHT, SUCH HOUSING SHALL NOT EXCEED
FIVE HUNDRED DWELLING UNITS; AND
(6) NOT INCLUDE CONSTRUCTION OF ONLY ONE SINGLE-FAMILY RESIDENCE ON A
PARCEL OF ONE-HALF OR MORE ACRES;
(II) CONSTRUCTION OF HOUSING IN CITIES, TOWNS, AND VILLAGES WITH POPU-
LATIONS OF FEWER THAN ONE MILLION PERSONS THAT SHALL:
(1) BE CONNECTED TO EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE
SYSTEMS AT THE COMMENCEMENT OF HABITATION;
(2) BE LOCATED AT A PREVIOUSLY DISTURBED SITE;
(3) CONTAIN NO MORE THAN TWENTY PERCENT COMMERCIAL, RETAIL, COMMUNITY
FACILITY, OR OTHER NON-INDUSTRIAL NON-RESIDENTIAL USES BY GROSS FLOOR
AREA;
(4) NOT EXCEED ONE HUNDRED DWELLING UNITS, PROVIDED, HOWEVER, FOR
HOUSING WITHIN CITIES, TOWNS, OR VILLAGES WITHOUT ZONING, SUCH HOUSING
SHALL NOT EXCEED TWENTY DWELLING UNITS, AND PROVIDED FURTHER, THAT FOR
HOUSING NOT WITHIN CITIES, TOWNS, OR VILLAGES WITHOUT ZONING BUT WITHIN
AN URBAN AREA, AS SUCH TERM OR EQUIVALENT TERM IS OR COMES TO BE DEFINED
BY THE UNITED STATES CENSUS BUREAU IN THE MOST RECENT DECENNIAL CENSUS
BEGINNING ON OR AFTER THE TWO THOUSAND TWENTY DECENNIAL CENSUS, SUCH
HOUSING SHALL NOT EXCEED THREE HUNDRED DWELLING UNITS; AND
(5) NOT INCLUDE CONSTRUCTION OF ONLY ONE SINGLE-FAMILY RESIDENCE ON A
PARCEL OF ONE OR MORE ACRES;
(III) CONSTRUCTION LOCATED AT A PREVIOUSLY DISTURBED SITE OF PUBLIC
PARKS THAT DO NOT INCLUDE PERFORMANCE CENTERS, ATHLETIC STADIUMS, OR
OTHER VENUES FOR MASS GATHERINGS, OR OTHER BUILDINGS OR STRUCTURES WHICH
DO NOT SERVE PUBLIC PARK, RECREATION, OR OPEN SPACE PURPOSES;
(IV) CONSTRUCTION LOCATED AT A PREVIOUSLY DISTURBED SITE OF MULTI-USE
BICYCLE AND PEDESTRIAN TRAILS;
(V) CONSTRUCTION OF PUBLIC SCHOOL FACILITIES TO BE CONNECTED AT THE
COMMENCEMENT OF USE TO EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE
SYSTEMS, INCLUDING SEWAGE TREATMENT WORKS, IN A CITY WITH A POPULATION
OF ONE MILLION OR MORE;
(VI) WATER AND WASTEWATER INFRASTRUCTURE PROJECTS THAT:
(1) REPLACE, REHABILITATE OR RECONSTRUCT MUNICIPAL WATER OR WASTEWATER
INFRASTRUCTURE, IN-KIND AND ON THE SAME SITE, INCLUDING LEAD SERVICE
LINE REPLACEMENT;
(2) REPLACE, REHABILITATE, UPGRADE OR RECONSTRUCT AN EXISTING SMALL
COMMUNITY WATER SYSTEM, INCLUDING LEAD SERVICE LINE REPLACEMENT; OR
(3) PROVIDE SEWER SERVICE TO A DISADVANTAGED COMMUNITY SERVED BY ONE
OR MORE INADEQUATE SEWAGE TREATMENT SYSTEMS THAT HAS BEEN DETERMINED BY
THE DEPARTMENT NOT TO REQUIRE A PERMIT OR APPROVAL PURSUANT TO ARTICLES
S. 9008--C 46 A. 10008--C
FIFTEEN, TWENTY-FOUR OR TWENTY-FIVE OF THIS CHAPTER OR ANY RULES OR
REGULATIONS PROMULGATED THEREUNDER; OR
(VII) RETROFIT OF AN EXISTING STRUCTURE AND ITS APPURTENANT AREAS TO
INCORPORATE GREEN INFRASTRUCTURE.
(C) (I) FOR AN APPLICATION FOR A PERMIT OR AUTHORIZATION FOR A QUALI-
FIED ACTION LISTED IN SUBPARAGRAPH (I) OR (V) OF PARAGRAPH (B) OF THIS
SUBDIVISION, TO QUALIFY FOR EXEMPTION FROM THE REQUIREMENTS OF THIS
ARTICLE PURSUANT TO THIS SUBDIVISION, SUCH ACTION SHALL BE SUBJECT TO A
REQUIREMENT TO COMPLY WITH LOCAL MUNICIPAL REQUIREMENTS REGARDING
HAZARDOUS MATERIALS REMEDIATION TO THE EXTENT APPLICABLE, AND THE APPLI-
CANT FOR A PERMIT OR AUTHORIZATION FOR SUCH QUALIFIED ACTION SHALL
CERTIFY THAT (1) IT HAS FOLLOWED AND WILL FOLLOW ALL APPLICABLE LAWS,
RULES, AND REGULATIONS REGARDING HAZARDOUS WASTE, (2) FOR AN APPLICATION
FOR A PERMIT OR AUTHORIZATION FOR A QUALIFIED ACTION OTHER THAN A LAND
USE ACTION, ZONING TEXT AMENDMENT, ZONING MAP AMENDMENT, OR VARIANCE, A
PHASE I ENVIRONMENTAL SITE ASSESSMENT HAS BEEN CONDUCTED FOR THE PARCEL
IN ACCORDANCE WITH THE ALL APPROPRIATE INQUIRIES REGULATIONS OF THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDER THE FEDERAL COMPRE-
HENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (40 CFR §
312) TO IDENTIFY ANY RECOGNIZED ENVIRONMENTAL CONDITIONS, (3) IT HAS
FOLLOWED OR WILL FOLLOW ALL APPLICABLE RECOMMENDATIONS OF THE PHASE I
ENVIRONMENTAL SITE ASSESSMENT, AND (4) IT WILL REPORT CONTAMINATION AT,
ON, OR UNDER THE PARCEL AS REQUIRED BY APPLICABLE LAWS, RULES, AND REGU-
LATIONS.
(II) FOR AN APPLICATION FOR A PERMIT OR AUTHORIZATION FOR A QUALIFIED
ACTION LISTED IN SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SUBDIVISION,
OTHER THAN A LAND USE ACTION, ZONING TEXT AMENDMENT, ZONING MAP AMEND-
MENT, OR VARIANCE, TO QUALIFY FOR EXEMPTION FROM THE REQUIREMENTS OF
THIS ARTICLE PURSUANT TO THIS SUBDIVISION, THE APPLICANT FOR A PERMIT OR
AUTHORIZATION FOR SUCH QUALIFIED ACTION SHALL CERTIFY TO THE RESPONSIBLE
AGENCY THAT (1) A PHASE I ENVIRONMENTAL SITE ASSESSMENT HAS BEEN
CONDUCTED FOR THE PARCEL IN ACCORDANCE WITH THE ALL APPROPRIATE
INQUIRIES REGULATIONS OF THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY UNDER THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPEN-
SATION AND LIABILITY ACT (40 CFR § 312) TO IDENTIFY ANY RECOGNIZED ENVI-
RONMENTAL CONDITIONS, (2) IT HAS FOLLOWED AND WILL FOLLOW ALL APPLICABLE
LAWS, RULES, AND REGULATIONS REGARDING HAZARDOUS WASTE, INCLUDING, TO
THE EXTENT APPLICABLE, COMPLYING WITH LOCAL MUNICIPAL REQUIREMENTS
REGARDING HAZARDOUS MATERIALS REMEDIATION, (3) IT HAS FOLLOWED OR WILL
FOLLOW ALL APPLICABLE RECOMMENDATIONS OF THE PHASE I ENVIRONMENTAL SITE
ASSESSMENT, AND (4) IT WILL REPORT CONTAMINATION AT, ON, OR UNDER THE
PARCEL AS REQUIRED BY APPLICABLE LAWS, RULES, AND REGULATIONS.
(III) THE REQUIREMENTS OF THIS PARAGRAPH SHALL NOT APPLY (1) TO A
QUALIFIED ACTION INITIATED BY AN AGENCY, OR (2) IF THE APPLICANT WAS
PREVIOUSLY GRANTED AN EXEMPTION PURSUANT TO SUBPARAGRAPHS (I), (II), OR
(V) OF PARAGRAPH (B) OF THIS SUBDIVISION FOR THE SAME PARCEL.
(D) FOR ACTIONS INVOLVING APPLICATIONS FOR A PERMIT OR AUTHORIZATION,
THE RESPONSIBLE AGENCY SHALL DETERMINE WHETHER SUCH ACTION IS A QUALI-
FIED ACTION PURSUANT TO THIS SUBDIVISION WITHIN ONE HUNDRED TWENTY DAYS
OF RECEIPT OF SUCH APPLICATION, UNLESS THE RESPONSIBLE AGENCY EXTENDS
THE DEADLINE IN WRITING AND, IN CONSULTATION WITH AN APPLICANT AND AT
THE DISCRETION OF THE AGENCY, ESTABLISHES A NEW DEADLINE THAT PROVIDES
ONLY SO MUCH ADDITIONAL TIME AS IS NECESSARY TO MAKE SUCH DETERMINATION.
IN NO EVENT SHALL THE DEADLINE BE EXTENDED BY MORE THAN THIRTY DAYS,
EXCEPT WHERE (I) CHANGES ARE MADE BY THE APPLICANT TO THE APPLICATION
AFTER ITS SUBMISSION TO THE RESPONSIBLE AGENCY AND SUCH CHANGES RELATE
S. 9008--C 47 A. 10008--C
TO THE CRITERIA FOR EXEMPTION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI-
SION, (II) AN APPLICANT FAILS TO TIMELY PROVIDE NECESSARY INFORMATION
DESPITE GOOD FAITH EFFORT BY AN AGENCY, OR (III) THERE ARE CIRCUMSTANCES
BEYOND THE CONTROL OF THE AGENCY OR AN APPLICANT THAT CAUSE DELAY
REQUIRING AN EXTENSION BEYOND THIRTY DAYS. IF THE RESPONSIBLE AGENCY
FAILS TO MAKE A DETERMINATION PURSUANT TO THIS SUBDIVISION WITHIN THE
DELINEATED TIME LIMITS, AN APPLICANT MAY INSTITUTE A PROCEEDING IN A
COURT OF COMPETENT JURISDICTION UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES SEEKING APPROPRIATE RELIEF FROM THE COURT, WHICH
MAY INCLUDE AN ORDER DIRECTING THE AGENCY TO MAKE A DETERMINATION BY A
DEADLINE SPECIFIED BY THE COURT.
§ 5. Section 8-0111 of the environmental conservation law is amended
by adding two new subdivisions 7 and 8 to read as follows:
7. STATUTE OF LIMITATIONS. THE TIME TO COMMENCE A PROCEEDING TO REVIEW
AN AGENCY DETERMINATION UNDER THE PROVISIONS OF THIS ARTICLE OR UNDER
THE RULES OR REGULATIONS IMPLEMENTING THE PROVISIONS OF THIS ARTICLE
SHALL BEGIN TO ACCRUE WHEN THE AGENCY DETERMINATION TO APPROVE OR DISAP-
PROVE THE ACTION BECOMES FINAL AND BINDING UPON THE PETITIONER OR THE
PERSON WHOM THE PETITIONER REPRESENTS IN LAW OR IN FACT.
8. CONSTRUCTION. NOTHING CONTAINED IN THE CHAPTER OF THE LAWS OF TWO
THOUSAND TWENTY-SIX WHICH ADDED THIS SUBDIVISION SHALL BE INTERPRETED OR
CONSTRUED AS SUPERSEDING, LIMITING, MODIFYING OR AFFECTING ANY AUTHORI-
ZATIONS, REQUIREMENTS, OR PROCEDURES UNDER THE NATIONAL HISTORIC PRESER-
VATION ACT OF NINETEEN HUNDRED SIXTY-SIX, THE NEW YORK STATE HISTORIC
PRESERVATION ACT OF NINETEEN HUNDRED EIGHTY, THE PARKS, RECREATION AND
HISTORIC PRESERVATION LAW, OR ANY OTHER STATE OR LOCAL LAW GOVERNING THE
IDENTIFICATION, PROTECTION, OR MANAGEMENT OF HISTORIC PROPERTIES, OR
UNDER ANY RULES OR REGULATIONS PROMULGATED THEREUNDER. NOR SHALL
ANYTHING IN THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-SIX WHICH
ADDED THIS SUBDIVISION BE INTERPRETED OR CONSTRUED AS SUPERSEDING,
LIMITING, MODIFYING OR AFFECTING ANY AUTHORIZATIONS, REQUIREMENTS, OR
PROCEDURES, INCLUDING BUT NOT LIMITED TO LAWS, RULES AND REGULATIONS
APPLICABLE TO DISADVANTAGED COMMUNITIES, STORMWATER MANAGEMENT OR THE
PROTECTION OF WATER QUALITY, AIR QUALITY, SOIL EROSION AND DRAINAGE,
FRESHWATER WETLANDS, TIDAL WETLANDS, CRITICAL ENVIRONMENTAL AREAS, OR
THREATENED OR ENDANGERED SPECIES, OR ANY OTHERWISE APPLICABLE STATUTORY
OR REGULATORY STANDARDS, CRITERIA, AND PERMITTING PROCEDURES, OTHER THAN
THOSE PERTAINING TO ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO THIS
ARTICLE AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER. NOR
SHALL ANYTHING IN THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-SIX
WHICH ADDED THIS SUBDIVISION BE INTERPRETED OR CONSTRUED AS SUPERSEDING,
LIMITING, MODIFYING OR AFFECTING THE AUTHORITY OR DISCRETION OF CITIES,
TOWNS, AND VILLAGES UNDER APPLICABLE STATE OR LOCAL LAW, RULE, REGU-
LATION, CHARTER, CODE, RESOLUTION, OR ORDINANCE REGARDING ZONING OR LAND
USE, INCLUDING BUT NOT LIMITED TO ANY SUCH AUTHORITY OR DISCRETION
REGARDING SITE PLAN REVIEW OR OTHER DISCRETIONARY ZONING OR LAND USE
PERMITS, PROCEDURES, REVIEW, OR APPROVALS, SUCH AS TRAFFIC STUDIES,
CONTAMINATION TESTING, AND DETERMINATIONS OF THE SUFFICIENCY OF WASTEWA-
TER AND DRINKING WATER CAPACITY.
§ 6. This act shall take effect immediately and shall apply to all
pending proceedings on and after such effective date; provided, however,
that actions for which a determination to require an environmental
impact statement are made prior to the effective date of this act shall
not be subject to the provisions of this act.
PART S
S. 9008--C 48 A. 10008--C
Section 1. Subdivision 3 of section 54-1521 of the environmental
conservation law, as amended by section 1 of part CCC of chapter 55 of
the laws of 2021, and paragraph a of subdivision 3 as amended by section
1 of part CCC of chapter 58 of the laws of 2025, is amended to read as
follows:
3. a. Until April 1, 2029, the commissioner, in consultation with the
New York state energy research and development authority, is authorized
to issue rebates until the annual allocation is exhausted to munici-
palities toward the cost of eligible purchases of clean vehicles.
b. The department, in consultation with the New York state energy
research and development authority, shall determine the amount of the
rebate taking into consideration the electric range of the vehicle,
provided that a rebate of an eligible purchase shall be not less than
two thousand five hundred dollars per vehicle and not more than [seven]
THIRTY thousand [five hundred] dollars per vehicle.
§ 2. This act shall take effect immediately.
PART T
Section 1. Section 2 of chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the dormito-
ry authority of the state of New York relative to the establishment of
subsidiaries for certain purposes, as amended by section 1 of part V of
chapter 58 of the laws of 2024, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2026] 2028; provided however, that the expi-
ration of this act shall not impair or otherwise affect any of the
powers, duties, responsibilities, functions, rights or liabilities of
any subsidiary duly created pursuant to subdivision twenty-five of
section 1678 of the public authorities law prior to such expiration.
§ 2. This act shall take effect immediately.
PART U
Section 1. This Part enacts into law components of legislation relat-
ing to the conveyance and use of real property owned and maintained by
the state university of New York and the New York state department of
transportation. Each component is wholly contained within a Subpart
identified as Subparts A through D. The effective date for each partic-
ular provision contained within such Subpart is set forth in the last
section of such Subpart. Any provision in any section contained within a
Subpart, including the effective date of the Subpart, which makes refer-
ence to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section three of
this Part sets forth the general effective date of this Part.
SUBPART A
Section 1. Legislative findings. The legislature finds that Farming-
dale State College is the state university of New York's largest college
of applied science and technology, offering 49 degree-granting programs
and a growing number of graduate programs focused on emerging, high-de-
mand, and relevant careers ("the college"). More than half of the
college's students graduate debt-free, and about 80% are employed six
months after graduation or enrolled in graduate school. The college
S. 9008--C 49 A. 10008--C
consists of a 380 acre campus located at the center of Long Island in
Farmingdale, NY, and an aviation Flight Center, located fewer than two
miles from the main campus.
The legislature finds that the college seeks to use approximately 9.26
acres of underutilized land across from its campus to build multi-pur-
pose facilities to support housing needs and supporting amenities
(including, but not limited to food and dining options, parking, and
fitness centers) for the college's undergraduate and graduate students,
as well as junior faculty and certain college employees, fulfilling a
necessary and vital public purpose. The college is currently seeing a
record increase in enrollment, which has caused significant demand for
residence halls. The college's three residence halls are at capacity
with wait lists. In order to maintain current enrollment, as local
school districts continue to see a significant long-term decline in
student enrollment across Long Island, the college must grow its housing
opportunities to attract students, faculty, and staff from across New
York state. It is expected that up to 350 beds would be made available
for the college's students and employees. By providing more housing
options for the college's community, it will help the college continue
to meet the demand of its growing enrollment, while providing greater
options for students and faculty with young families to move into the
area and help retain those students and employees already here but
commuting long distances to school and work.
The legislature further finds that granting the trustees of the state
university of New York ("trustees") the authority and power to lease and
otherwise contract to make available grounds and facilities across from
the Farmingdale campus will ensure such land is utilized for the benefit
of the college, the surrounding community, and the general public.
§ 2. Notwithstanding any other law to the contrary, the state univer-
sity trustees are hereby authorized and empowered, without any public
bidding, to lease and otherwise contract to make available to Farming-
dale state development corporation, a not-for-profit corporation (the
"ground lessee"), a portion of the lands of the college generally
described in this act for the purpose of developing, constructing, main-
taining and operating multi-purpose facilities to support housing needs
and supporting amenities. Such lease or contract shall be for a period
not exceeding ninety-nine years without any fee simple conveyance and
otherwise upon terms and conditions determined by such trustees, subject
to the approval of the director of the division of the budget, the
attorney general and the state comptroller. In the event that the real
property that is the subject of such lease or contract shall cease to be
used for the purpose described in this act, such lease or contract shall
immediately terminate, and the real property and any improvements there-
on shall revert to the state university of New York. Any lease or
contract entered into pursuant to this act shall provide that the real
property that is the subject of such lease or contract and any improve-
ments thereon shall revert to the state university of New York on the
expiration of such contract or lease. Any and all proceeds related to
the leases authorized by this act shall be used for the benefit of the
Farmingdale campus and the allocation of such proceeds shall be subject
to approval by the trustees.
§ 3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration or
S. 9008--C 50 A. 10008--C
improvement authorized pursuant to this act shall be deemed a state
agency for the purposes of article 15-A of the executive law and subject
to the provisions of such article.
§ 4. Notwithstanding any general, special or local law or judicial
decision to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, repair, renovation, alteration or improvement shall be deemed
public work and shall be subject to and performed in accordance with the
provisions of article 8 of the labor law to the same extent and in the
same manner as a contract of the state, and compliance with all the
provisions of article 8 of the labor law shall be required of any
lessee, sublessee, contractor or subcontractor on the project, including
the enforcement of prevailing wage requirements by the fiscal officer as
defined in paragraph e of subdivision 5 of section 220 of the labor law
to the same extent as a contract of the state.
§ 5. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York shall not contract out to the ground lessee
or any subsidiary for the instruction or any pedagogical functions or
services, or any administrative services, and similar professional
services currently being performed by state employees. All such func-
tions and services shall be performed by state employees pursuant to the
civil service law. Nothing in this act shall result in the displacement
of any currently employed state worker or the loss of position (includ-
ing partial displacement such as reduction in the hours of non-overtime,
wages or employment benefits), or result in the impairment of existing
contracts for services or collective bargaining rights pursuant to
existing agreements as provided under article 14 of the civil service
law. All positions currently at the state university of New York in the
unclassified service shall remain in the unclassified service. No
services or work on the property described in this act currently
performed by public employees at the time of the effective date of this
act, or that is similar in scope and nature to the work being currently
performed by public employees at the time of the effective date of this
act, shall be contracted out or privatized by the state university of
New York. The state university of New York acknowledges its obligations
as an employer under the civil service law and agrees that it will not
exercise its right to contract out for goods and services under any
applicable collective bargaining agreement.
§ 6. 1. The provisions of this section shall only apply to employees
in the unclassified service at the state university of New York.
2. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York or an affiliated or associated entity of
the state university of New York shall not contract out to the ground
lessee or any subsidiary of the ground lessee or the research foundation
for the state university of New York for any services or privatize any
services currently being performed by employees in the unclassified
service at the state university of New York at Farmingdale. All such
functions and services currently performed by employees in unclassified
service shall be performed by employees in the unclassified service.
3. Nothing in this act relating to the lease of property to private
entities for the development, construction, or operation of facilities
shall be deemed to waive or impair any rights or benefits of employees
of the state university of New York that otherwise would be available to
them pursuant to the terms of agreements between the certified represen-
tatives of such employees and the state of New York or provisions of
S. 9008--C 51 A. 10008--C
article fourteen of the civil service law. The state university of New
York and the state of New York acknowledge their obligations as an
employer and agree that they will not exercise their right to contract
out for services under any applicable collective bargaining agreement.
§ 7. For the purposes of this act:
(a) "project" shall mean work at the property authorized by this act
to be leased to the ground lessee as described in section thirteen of
this act that involves the design, construction, reconstruction, demoli-
tion, excavating, rehabilitation, repair, renovation, alteration or
improvement of such property.
(b) "project labor agreement" shall mean a pre-hire collective
bargaining agreement between a contractor and a labor organization,
establishing the labor organization as the collective bargaining repre-
sentative for all persons who will perform work on the project, and
which provides that only contractors and subcontractors who sign a pre-
negotiated agreement with the labor organization can perform project
work.
§ 8. Nothing in this act shall be deemed to waive or impair any rights
or benefits of employees of the state university of New York that other-
wise would be available to them pursuant to the terms of agreements
between the certified representatives of such employees and the state of
New York pursuant to article 14 of the civil service law, and all work
performed on such property that ordinarily would be performed by employ-
ees subject to article 14 of the civil service law shall continue to be
performed by such employees.
§ 9. Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary, the ground lessee shall
require the use of a project labor agreement, as defined in subdivision
1 of section 222 of the labor law, for all contractors and subcontrac-
tors on the project, consistent with paragraph (a) of subdivision 2 of
section 222 of the labor law.
§ 10. Without limiting the determination of the terms and conditions
of such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
ments with regard to such grounds and facilities by the ground lessee
and parties contracting with, the ground lessee and in connection with
such activities, the obtaining of funding or financing, whether public
or private, unsecured or secured, including, but not limited to, secured
by leasehold mortgages and assignments of rents and leases, by the
ground lessee and parties contracting with the ground lessee for the
purposes of completing the project described in this act.
§ 11. Such lease shall include an indemnity provision whereby the
lessee or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all persons
on the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests, licensees, invitees and
members of the public, for damage to any such person's property, whether
real or personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
§ 12. Any contracts entered into pursuant to this act between the
ground lessee and parties contracting with the ground lessee shall be
awarded by a competitive process.
§ 13. The property authorized by this act to be leased to the ground
lessee is generally described as that parcel of real property with
S. 9008--C 52 A. 10008--C
improvements thereon consisting of a total of 9.26 acres situated on the
campus of the state university of New York at Farmingdale, subject to
all existing easements and restrictions of record. The description in
this section of the parcel to be made available pursuant to this act is
not meant to be a legal description, but is intended only to identify
the parcel:
All that certain plot, piece or parcel of land, situate, lying and
being at Melville, Town of Huntington, County of Suffolk and State of
New York, being more particularly bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side
of Melville Road with the westerly side of Route 110 (Broad Hollow
Road). Running Thence the following 12 (twelve) courses and distances:
1. Southerly, along the westerly side of Route 110, along the arc of a
curve, bearing to the right, having a radius of 5629.58 feet and a
length of 241.37 feet; 2. Still along said side, South 18 degrees 09
minutes 05 seconds West, a distance of 121.11 feet; 3. Westerly, North
56 degrees 29 minutes 30 seconds West, a distance of 100.00 feet; 4.
Southerly, South 15 degrees 47 minutes 32 seconds West, a distance of
125.97 feet; 5. Westerly, North 56 degrees 29 minutes 30 seconds West,
a distance of 545.14 feet; 6. Still westerly, North 56 degrees 05
minutes 25 seconds West, a distance of 382.45 feet; 7. Still westerly,
North 56 degrees 57 minutes 00 seconds West, a distance of 300 feet, to
the southerly side of Melville Road; 8. Easterly, along said side, along
the arc of a curve, bearing to the right, having a radius of 512.54
feet, and a length of 485.98 feet; 9. Still along said side, South 66
degrees 50 minutes 52 seconds East, a distance of 196.45 feet; 10. Still
along said side, along the arc of a curve, bearing to the left, having a
radius of 1313.24 feet and a length of 274.97 feet; 11. Still along said
side, South 78 degrees 50 minutes 40 seconds East, a distance of 228.40
feet; 12. Still along said side, South 45 degrees 52 minutes 29 seconds
East, a distance of 130.39 feet, to the westerly side of Route 110, at
the Point or Place of BEGINNING. Containing within said bounds an area
of 9.26 acres more or less. Subject to all existing easements and
restrictions of record.
§ 14. The state university of New York shall not lease lands
described in this act unless any such lease shall be executed within 5
years of the effective date of this act.
§ 15. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 16. This act shall take effect immediately.
SUBPART B
Section 1. Legislative findings. The legislature finds and declares
that the state university of New York at Stony Brook ("the university")
is one of the state's university centers with its main campus in the
town of Brookhaven and its Southampton campus in the Town of Southampton
("Southampton campus"). The Southampton campus is home to various
programs including Stony Brook's School of Marine and Atmospheric
Sciences, School of Health Professions, School of Social Work, and
Southampton Arts. The legislature further finds that Stony Brook South-
ampton Hospital is one of Stony Brook's four hospitals, located several
miles east of its Southampton campus. Legislation enacted in 2018
provided for the development of a new Stony Brook Southampton Hospital
on the Southampton campus. To support the hospital moving further West,
S. 9008--C 53 A. 10008--C
in 2025 Stony Brook Southampton Hospital and the Southampton hospital
association opened a standalone emergency department in the town of East
Hampton.
The legislature further finds that the East end of Long Island has a
limited housing supply, particularly for the growing healthcare work-
force. Stony Brook seeks to use approximately 11.5 acres of underuti-
lized land on Stony Brook's Southampton campus to build multi-purpose
facilities to support housing needs and supporting amenities (including
but not limited to food and dining options, parking, and fitness
centers) for Stony Brook's healthcare workforce on the East end,
fulfilling a necessary and vital public purpose. By providing housing
options for its workforce across Stony Brook Southampton Hospital, the
East Hampton Emergency Department, and various clinical facilities
across the South fork, it will improve Stony Brook's ability to recruit
and retain the best faculty and staff on the East end. It will also
support the continued growth and development of the Southampton campus
by providing workforce housing opportunities adjacent to a future hospi-
tal and future train station.
The legislature further finds that granting the trustees of the state
university of New York ("trustees") the authority and power to lease and
otherwise contract to make available grounds and facilities on the
Southampton campus will ensure such land is utilized for the benefit of
Stony Brook, the surrounding community, and the general public.
§ 2. Notwithstanding any other law to the contrary, the state univer-
sity trustees are authorized and empowered, without any public bidding,
to lease and otherwise contract to make available to Stony Brook South-
ampton Housing Development Corp., a not-for-profit (ground lessee), a
portion of the lands of the university generally described in this act
for the purpose of developing, constructing, maintaining and operating
multi-purpose facilities to support housing needs and supporting amen-
ities. Such lease or contract shall be for a period not exceeding nine-
ty-nine years without any fee simple conveyance and otherwise upon terms
and conditions determined by such trustees, subject to the approval of
the director of the division of the budget, the attorney general and the
state comptroller. In the event that the real property that is the
subject of such lease or contract shall cease to be used for the purpose
described in this act, such lease or contract shall immediately termi-
nate and the real property and any improvements thereon shall revert to
the state university of New York. Any lease or contract entered into
pursuant to this act shall provide that the real property that is the
subject of such lease or contract and any improvements thereon shall
revert to the state university of New York on the expiration of such
contract or lease.
§ 3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration or
improvement authorized pursuant to this act shall be deemed a state
agency for the purposes of article 15-A of the executive law and subject
to the provisions of such article.
§ 4. Notwithstanding any general, special or local law or judicial
decision to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, repair, renovation, alteration or improvement shall be deemed
S. 9008--C 54 A. 10008--C
public work and shall be subject to and performed in accordance with the
provisions of article 8 of the labor law to the same extent and in the
same manner as a contract of the state, and compliance with all the
provisions of article 8 of the labor law shall be required of any
lessee, sublessee, contractor or subcontractor on the project, including
the enforcement of prevailing wage requirements by the fiscal officer as
defined in paragraph e of subdivision 5 of section 220 of the labor law
to the same extent as a contract of the state.
§ 5. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York shall not contract out to the ground lessee
or any subsidiary for the instruction or any pedagogical functions or
services, or any administrative services, and similar professional
services currently being performed by state employees. All such func-
tions and services shall be performed by state employees pursuant to the
civil service law. Nothing in this act shall result in the displacement
of any currently employed state worker or the loss of position (includ-
ing partial displacement such as reduction in the hours of non-overtime,
wages or employment benefits), or result in the impairment of existing
contracts for services or collective bargaining rights pursuant to
existing agreements as provided under article 14 of the civil service
law. All positions currently at the state university of New York in the
unclassified service shall remain in the unclassified service. No
services or work on the property described in this act currently
performed by public employees at the time of the effective date of this
act, or that is similar in scope and nature to the work being currently
performed by public employees at the time of the effective date of this
act, shall be contracted out or privatized by the state university of
New York. The state university of New York acknowledges its obligations
as an employer under the civil service law and agrees that it will not
exercise its right to contract out for goods and services under any
applicable collective bargaining agreement.
§ 6. 1. The provisions of this section shall only apply to employees
in the unclassified service at the state university of New York.
2. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York or an affiliated or associated entity of
the state university of New York shall not contract out to the ground
lessee or any subsidiary of the ground lessee or the research foundation
for the state university of New York for any services or privatize any
services currently being performed by employees in the unclassified
service at the state university of New York at Stonybrook. All such
functions and services currently performed by employees in unclassified
service shall be performed by employees in the unclassified service.
3. Nothing in this act relating to the lease of property to private
entities for the development, construction, or operation of facilities
shall be deemed to waive or impair any rights or benefits of employees
of the state university of New York that otherwise would be available to
them pursuant to the terms of agreements between the certified represen-
tatives of such employees and the state of New York or provisions of
article 14 of the civil service law. The state university of New York
and the state of New York acknowledge their obligations as an employer
and agree that they will not exercise their right to contract out for
services under any applicable collective bargaining agreement.
§ 7. For the purposes of this act:
(a) "project" shall mean work at the property authorized by this act
to be leased to the ground lessee as described in section thirteen of
this act that involves the design, construction, reconstruction, demoli-
S. 9008--C 55 A. 10008--C
tion, excavating, rehabilitation, repair, renovation, alteration or
improvement of such property.
(b) "project labor agreement" shall mean a pre-hire collective
bargaining agreement between a contractor and a labor organization,
establishing the labor organization as the collective bargaining repre-
sentative for all persons who will perform work on the project, and
which provides that only contractors and subcontractors who sign a pre-
negotiated agreement with the labor organization can perform project
work.
§ 8. Nothing in this act shall be deemed to waive or impair any rights
or benefits of employees of the state university of New York that other-
wise would be available to them pursuant to the terms of agreements
between the certified representatives of such employees and the state of
New York pursuant to article 14 of the civil service law, and all work
performed on such property that ordinarily would be performed by employ-
ees subject to article 14 of the civil service law shall continue to be
performed by such employees.
§ 9. Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary, the ground lessee shall
require the use of a project labor agreement, as defined in subdivision
1 of section 222 of the labor law, for all contractors and subcontrac-
tors on the project, consistent with paragraph (a) of subdivision 2 of
section 222 of the labor law
§ 10. Without limiting the determination of the terms and conditions
of such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
ments with regard to such grounds and facilities by the ground lessee,
and parties contracting with the ground lessee, and in connection with
such activities, the obtaining of funding or financing, whether public
or private, unsecured or secured, including, but not limited to, secured
by leasehold mortgages and assignments of rents and leases, by the
ground lessee and parties contracting with the ground lessee for the
purposes of completing the project described in this act.
§ 11. Such lease shall include an indemnity provision whereby the
lessee or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all persons
on the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests, licensees, invitees and
members of the public, for damage to any such person's property, whether
real or personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
§ 12. Any contracts entered into pursuant to this act between the
ground lessee and parties contracting with the ground lessee shall be
awarded by a competitive process.
§ 13. The property authorized by this act to be leased to the ground
lessee is generally described as that parcel of real property with
improvements thereon consisting of a total of approximately 11.5 acres
of land situated on the Southampton campus of the state university of
New York at Stony Brook. The description in this section of the parcel
to be made available pursuant to this act is not meant to be a legal
description, but is intended only to identify the parcel:
Beginning at a point on the southerly sideline of section 211, block
6, lot 9, now or formerly belonging to the MTA-LIRR, the said point
being distant 1135.50 feet on a bearing of south 86 degrees 01 minutes
S. 9008--C 56 A. 10008--C
07 seconds west from the intersection of the said lirr sideline with the
westerly sideline of tuckahoe road (50 feet wide), and running from the
said point of beginning; thence running through section 211, block 1,
lot 1 the following nine (9) courses:
(1) South 00 degrees 15 minutes 03 seconds east for a distance of 456.85
feet; thence
(2) South 85 degrees 52 minutes 00 seconds west, a distance of 97.30
feet to a point of curvature; thence
(3) On a curve to the left having a radius of 100.00 feet, a central
angle of 19 degrees 15 minutes 58 seconds and an arc length of 33.63
feet to a point of reverse curvature; thence
(4) On a curve to the right having a radius of 100.00 feet, a central
angle of 17 degrees 48 minutes 58 seconds and an arc length of 31.09
feet to a point of tangency; thence
(5) South 84 degrees 25 minutes 00 seconds west, a distance of 105.00
feet to a point of curvature; thence
(6) On a curve to the left having a radius of 65.00 feet, a central
angle of 73 degrees 17 minutes 00 seconds and an arc length of 83.14
feet to a point of tangency; thence
(7) South 11 degrees 08 minutes 00 seconds west, a distance of 54.50
feet; thence
(8) South 31 degrees 46 minutes 02 seconds west, being radial to the
following course, a distance of 48.50 feet; thence
(9) On a curve to the left having a radius of 125.00 feet, a central
angle of 39 degrees 49 minutes 32 seconds, and an arc length of 86.89
feet to a point of tangency; thence
(10) Continuing through said lot lot 1, passing through section 210,
block 2, lot 26 and then crossing into section 210, block 2, lot 25,
south 81 degrees 56 minutes 30 seconds west, a distance of 326.00 feet
to a point of curvature; thence
(11) Continuing through said lot 25, on a curve to the left having a
radius of 100.00 feet, a central angle of 43 degrees 59 minutes 00
seconds, and an arc length of 76.77 feet to a point of tangency; thence
(12) Continuing through said lot 25 and crossing back into aforemen-
tioned lot 26, south 37 degrees 57 minutes 30 seconds west, a distance
of 250.00 feet; thence
(13) Continuing through said lot 26, south 59 degrees 26 minutes 00
seconds west, a distance of 32.50 feet; thence
(14) Continuing through said lot 26 and crossing back into aforemen-
tioned lot 25, north 30 degrees 34 minutes 00 seconds west, a distance
of 126.00 feet to a point of curvature; thence
(15) Continuing through said lot 25, on a curve to the left having a
radius of 65.00 feet, a central angle of 48 degrees 54 minutes 30
seconds, and an arc length of 55.48 feet to a point of tangency; thence
(16) Continuing through the same, north 79 degrees 28 minutes 30 seconds
west, a distance of 92.22 feet; thence
(17) Along the dividing line of said lot 25 to the east with section
210, block 2, lot 11.3 to the west, north 17 degrees 43 minutes 47
seconds east, a distance of 160.35 feet; thence
(18) Along the dividing line of said lot 25 to the southeast with
section 210, block 2, lots 11.3, 11.4 and 11.5 to the northwest, north
55 degrees 50 minutes 47 seconds east, a distance of 438.30 feet; thence
(19) Along the dividing line of aforementioned lot 1 to the southeast
with said lot 11.5 to the northwest, north 55 degrees 51 minutes 07
seconds east, a distance of 315.93 feet; thence
S. 9008--C 57 A. 10008--C
(20) Along same, north 24 degrees 08 minutes 33 seconds west, a distance
of 155.67 feet; thence
(21) Along the dividing line of said lot 1 to the south with aforemen-
tioned lot 9 to the north, north 86 degrees 01 minutes 07 seconds east,
a distance of 593.70 feet to the point and place of beginning.
The above-described lease area contains 500,818 square feet or 11.4972
acres of land. Subject to all existing easements and restrictions of
record.
§ 14. The state university of New York shall not lease lands
described in this act unless any such lease shall be executed within 5
years of the effective date of this act.
§ 15. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 16. This act shall take effect immediately.
SUBPART C
Section 1. Notwithstanding the provisions of section 400 of the trans-
portation law, or any other provision of law to the contrary, the
commissioner of transportation is hereby authorized and empowered to
transfer and convey certain state-owned real property, as described in
section two of this act, for the purpose of developing, constructing,
maintaining and operating multi-purpose facilities to support housing
needs and supporting amenities, upon such terms and conditions as the
commissioner may deem appropriate. The commissioner of transportation
shall convey the property to the New York state urban development corpo-
ration, which shall transfer and convey such property as limited to the
purpose, terms, and objectives set out in a request for proposal by the
New York state urban development corporation, provided that no such
transfer and conveyance shall occur unless the purpose, terms, and
objectives set out in such request for proposal includes the develop-
ment, construction, maintenance, and operation of multi-purpose facili-
ties to support housing needs and supporting amenities.
§ 2. The lands authorized by this act to be conveyed consist of two
parcels of land in the town of Babylon, Suffolk county, constituting tax
map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and
generally described as approximately twelve and one-half acres of land
located north of Conklin Street and east of Route 110.
§ 3. The description in this section of the lands to be conveyed is
not intended to be a legal description and is intended only to identify
the premises to be conveyed:
Beginning at a point at the intersection of the easterly side of Broad-
hollow Road (N.Y.S. Routh 110)with the northerly side of Conklin Street:
Running thence along the said easterly side of Broadhollow Road (N.Y.S.
Route 110) North 02 degrees 20 minutes 42 seconds East, 9.77 feet to
land now or formerly of LILCO;
Thence along said land the following two (2) courses and distances:
(1) North 67 degrees 48 minutes 35 seconds East, 412.07 feet;
(2) North 22 degrees 11 minutes 19 seconds West, 264.95 feet to land now
or formerly of LIRR-MTA;
Thence along said land North 72 degrees 58 minutes 09 seconds East,
1,553.65 feet to the land now or formerly of Conklin Street Partners
LLC;
Thence along said land South 22 degrees 30 minutes 10 seconds East,
249.98 feet to the northerly side of Conklin Street;
S. 9008--C 58 A. 10008--C
Thence along said northerly side of Conklin Street the following six (6)
courses and distances:
(1) South 67 degrees 48 minutes 04 seconds West, 1,696.88 feet;
(2) South 80 degrees 10 minutes 54 seconds West, 121.73 feet;
(3) South 67 degrees 13 minutes 48 seconds West, 70.68 feet;
(4) South 88 degrees 06 minutes 32 seconds West, 27.07 feet;
(5) North 69 degrees 43 minutes 35 seconds West, 35.74 feet;
(6) North 47 degrees 09 minutes 09 seconds West, 63.13 feet to the east-
erly side of Broadhollow Road (N.Y.S. Route 110) and the point or place
of beginning.
Subject to all existing easements and restrictions on record.
§ 4. This act shall take effect immediately.
SUBPART D
Section 1. Legislative findings. The legislature finds that the state
university of New York College of Environmental Science and Forestry
("ESF") is one of the nation's premier colleges focused on the study of
the environment, developing renewable technologies, and building a
sustainable future. Located in downtown Syracuse, right across from
Syracuse University, ESF is on a mission to educate future environmental
leaders, particularly at a time when New York state is working to meet
its statewide climate goals and transition into a clean energy economy.
The legislature further finds that ESF seeks to use approximately 1.6
acres of underutilized land on its campus to build multi-purpose facili-
ties to support housing needs and supporting amenities for the college's
undergraduate and graduate students. In the past five years, ESF's
enrollment has increased by 4.7%, ranking fourth in state university of
New York's campuses seeing enrollment growth. Currently, ESF requires
freshmen to live on campus and has one residence hall, which can accom-
modate 549 students. As a result, most transfer students, upper class
students, and graduate students live off-campus at private facilities.
ESF believes additional housing will help to attract a diverse student
population and continue to meet the demands of its growing enrollment.
The legislature further finds that granting the trustees of the state
university of New York the authority and power to lease and otherwise
contract to make available grounds and facilities on ESF's campus will
ensure land is utilized for the benefit of ESF and the surrounding
community.
§ 2. Notwithstanding any other law to the contrary, the state univer-
sity trustees are hereby authorized and empowered, without any public
bidding, to lease and otherwise contract to make available to the Abby
Lane Housing Corporation, a not-for-profit corporation (the "ground
lessee"), a portion of the lands of the university, generally described
in this act for the purpose of building undergraduate and graduate
student housing and amenities. Such lease or contract shall be for a
period not exceeding 100 years without any fee simple conveyance and
otherwise upon terms and conditions determined by such trustees, subject
to the approval of the director of the division of the budget, the
attorney general and the state comptroller. In the event that the real
property that is the subject of such lease or contract shall cease to be
used for the purpose described in this act, such lease or contract shall
immediately terminate, and the real property and any improvements there-
on shall revert to the state university of New York. Any lease or
contract entered into pursuant to this act shall provide that the real
property that is the subject of such lease or contract and any improve-
S. 9008--C 59 A. 10008--C
ments thereon shall revert to the state university of New York on the
expiration of such contract or lease.
§ 3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration or
improvement authorized pursuant to this act shall be deemed a state
agency for the purposes of article 15-A of the executive law and subject
to the provisions of such article.
§ 4. Notwithstanding any general, special or local law or judicial
decision to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, repair, renovation, alteration or improvement shall be deemed
public work and shall be subject to and performed in accordance with the
provisions of article 8 of the labor law to the same extent and in the
same manner as a contract of the state, and compliance with all the
provisions of article 8 of the labor law shall be required of any
lessee, sublessee, contractor or subcontractor on the project, including
the enforcement of prevailing wage requirements by the fiscal officer as
defined in paragraph (e) of subdivision 5 of section 220 of the labor
law to the same extent as a contract of the state.
§ 5. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York shall not contract out to the ground lessee
or any subsidiary for the instruction or any pedagogical functions or
services, or any administrative services, and similar professional
services currently being performed by state employees. All such func-
tions and services shall be performed by state employees pursuant to the
civil service law. Nothing in this act shall result in the displacement
of any currently employed state worker or the loss of position (includ-
ing partial displacement such as reduction in the hours of non-overtime,
wages or employment benefits), or result in the impairment of existing
contracts for services or collective bargaining rights pursuant to
existing agreements as provided under article 14 of the civil service
law. All positions currently at the state university of New York in the
unclassified service shall remain in the unclassified service. No
services or work on the property described in this act currently
performed by public employees at the time of the effective date of this
act, or that is similar in scope and nature to the work being currently
performed by public employees at the time of the effective date of this
act, shall be contracted out or privatized by the state university of
New York. The state university of New York acknowledges its obligations
as an employer under the civil service law and agrees that it will not
exercise its right to contract out for goods and services under any
applicable collective bargaining agreement.
§ 6. 1. The provisions of this section shall only apply to employees
in the unclassified service at the state university of New York.
2. Notwithstanding any law, rule or regulation to the contrary, the
state university of New York or an affiliated or associated entity of
the state university of New York shall not contract out to the ground
lessee or any subsidiary of the ground lessee or the research foundation
for the state university of New York for any services or privatize any
services currently being performed by employees in the unclassified
service at the state university of New York college of environmental
science and forestry. All such functions and services currently
S. 9008--C 60 A. 10008--C
performed by employees in unclassified service shall be performed by
employees in the unclassified service.
3. Nothing in this act relating to the lease of property to private
entities for the development, construction, or operation of facilities
shall be deemed to waive or impair any rights or benefits of employees
of the state university of New York that otherwise would be available to
them pursuant to the terms of agreements between the certified represen-
tatives of such employees and the state of New York or provisions of
article 14 of the civil service law. The state university of New York
and the state of New York acknowledge their obligations as an employer
and agree that they will not exercise their right to contract out for
services under any applicable collective bargaining agreement.
§ 7. For the purposes of this act:
(a) "project" shall mean work at the property authorized by this act
to be leased to the ground lessee as described in section thirteen of
this act that involves the design, construction, reconstruction, demoli-
tion, excavating, rehabilitation, repair, renovation, alteration or
improvement of such property.
(b) "project labor agreement" shall mean a pre-hire collective
bargaining agreement between a contractor and a labor organization,
establishing the labor organization as the collective bargaining repre-
sentative for all persons who will perform work on the project, and
which provides that only contractors and subcontractors who sign a pre-
negotiated agreement with the labor organization can perform project
work.
§ 8. Nothing in this act shall be deemed to waive or impair any rights
or benefits of employees of the state university of New York that other-
wise would be available to them pursuant to the terms of agreements
between the certified representatives of such employees and the state of
New York pursuant to article 14 of the civil service law, and all work
performed on such property that ordinarily would be performed by employ-
ees subject to article 14 of the civil service law shall continue to be
performed by such employees.
§ 9. Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary, the ground lessee shall
require the use of a project labor agreement, as defined in subdivision
1 of section 222 of the labor law, for all contractors and subcontrac-
tors on the project, consistent with paragraph (a) of subdivision 2 of
section 222 of the labor law.
§ 10. Without limiting the determination of the terms and conditions
of such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
ments with regard to such grounds and facilities by the ground lessee,
and parties contracting with the ground lessee, and in connection with
such activities, the obtaining of funding or financing, whether public
or private, unsecured or secured, including, but not limited to, secured
by leasehold mortgages and assignments of rents and leases, by the
ground lessee and parties contracting with the ground lessee for the
purposes of completing the project described in this act.
§ 11. Such lease shall include an indemnity provision whereby the
lessee or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all persons
on the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests, licensees, invitees and
S. 9008--C 61 A. 10008--C
members of the public, for damage to any such person's property, whether
real or personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
§ 12. Any contracts entered into pursuant to this act between the
ground lessee and parties contracting with the ground lessee shall be
awarded by a competitive process.
§ 13. The property authorized by this act to be leased to the ground
lessee is generally described as that parcel of real property with
improvements thereon consisting of a total of approximately 1.624 acres
of land situated on the campus of the state university of New York
college of environmental science and forestry. The description in this
section of the parcel to be made available pursuant to this act is not
meant to be a legal description, but is intended only to identify the
parcel:
All that piece or parcel of land situate in the City of Syracuse,
County of Onondaga, State of New York, being lots 1-10 of Block 605
(part of Farm Lot 185) bounded and described as follows:
BEGINNING at a point in the southerly street boundary of the existing
East Raynor Avenue (66' ROW) at its intersection with the westerly
street boundary of the existing Stadium Place (66' ROW); thence
1) Southerly along the westerly street boundary of the existing Stadi-
um Place (66' ROW) on a bearing of South 03°44'57" East a distance of
268.00 feet to a point in the northerly street boundary of the existing
Standart Street (66'ROW); thence
2) Westerly along the northerly street boundary of the existing Stan-
dart Street (66' ROW) on a bearing of South 86°21'13" West a distance of
264.00 feet to a point in the easterly street boundary of the existing
Henry Street (66'ROW); thence
3) Northerly along the easterly street boundary of the existing Henry
Street (66' ROW) on a bearing of North 03°45'17" West a distance of
268.00 feet to a point in the southerly street boundary of the existing
East Raynor Avenue (66'ROW); thence
4) Easterly along the southerly street boundary of the existing East
Raynor Avenue (66' ROW) on a bearing of North 86°21'13" East a distance
of 264.03 feet to the point of beginning, being 1.624 acres, more or
less. Subject to all existing easements and restrictions of record.
§ 14. The state university of New York shall not lease lands described
in this act unless any such lease shall be executed within 5 years of
the effective date of this act.
§ 15. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 16. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, or subpart of this part shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder of that subpart or this part, but
shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section, or subpart directly involved in the controversy in
which such judgment shall have been rendered. It is hereby declared to
be the intent of the legislature that this part and each subpart herein
would have been enacted even if such invalid provisions had not been
included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through D of this act shall
be as specifically set forth in the last section of such Subparts.
S. 9008--C 62 A. 10008--C
PART V
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
corporation act, as amended by section 1 of part EE of chapter 58 of the
laws of 2025, is amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2026] 2027.
§ 2. This act shall take effect immediately.
PART W
Section 1. Section 2 of 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, as
amended by section 1 of part FF of chapter 58 of the laws of 2025, is
amended to read as follows:
§ 2. This act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2026] 2027, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
§ 2. This act shall take effect immediately.
PART X
Intentionally Omitted
PART Y
Section 1. Short title. This act shall be known and may be cited as
the "Safe by Design Act".
§ 2. The general business law is amended by adding a new article 45-B
to read as follows:
ARTICLE 45-B
SAFE BY DESIGN ACT
SECTION 1539. DEFINITIONS.
1540. PRIVACY BY DEFAULT AND PARENTAL APPROVALS.
1541. PROHIBITION ON FEATURES THAT SUBVERT THE PURPOSES OF THIS
ARTICLE.
1542. NONDISCRIMINATION.
1543. SCOPE.
1544. RULEMAKING AUTHORITY.
1545. CONSTRUCTION OF ARTICLE.
1546. LANGUAGE ACCESS.
1547. REMEDIES.
§ 1539. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "CONNECTED" AND VARIATIONS THEREOF SHALL MEAN THAT TWO USERS USING
THE COVERED PLATFORM OR TWO ACCOUNTS ON THE COVERED PLATFORM ARE
CONNECTED TO EACH OTHER BY:
S. 9008--C 63 A. 10008--C
(A) SENDING A REQUEST TO CONNECT TO ANOTHER USER OR ACCOUNT HOLDER AND
HAVING THE REQUEST TO CONNECT ACCEPTED BY THE OTHER USER OR ACCOUNT
HOLDER; OR
(B) RECEIVING A REQUEST TO CONNECT FROM ANOTHER USER OR ACCOUNT HOLDER
AND ACCEPTING THE REQUEST TO CONNECT.
2. "COVERED MINOR" SHALL MEAN ANY USER IN NEW YORK WHO HAS BEEN
REASONABLY DETERMINED BY AN OPERATOR, VIA AGE ASSURANCE, AS SET FORTH IN
THIS ARTICLE, TO BE UNDER THE AGE OF EIGHTEEN.
3. "OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL ENTITY
WHO OPERATES OR PROVIDES A COVERED PLATFORM.
4. "PARENT" SHALL MEAN A PARENT OR LEGAL GUARDIAN.
5. "TAG" SHALL MEAN WHEN A USER CLEARLY IDENTIFIES A SECOND USER IN
POSTED MEDIA.
6. "USER" SHALL MEAN A USER OF A COVERED PLATFORM NOT ACTING AS AN
OPERATOR, OR AGENT OR AFFILIATE OF SUCH OPERATOR, OF SUCH PLATFORM OR
ANY PORTION THEREOF.
7. "COVERED USER" SHALL MEAN A USER OF A COVERED PLATFORM IN NEW YORK
NOT ACTING AS AN OPERATOR, AGENT OR AFFILIATE OF SUCH OPERATOR, OF SUCH
PLATFORM OR OF ANY PORTION THEREOF.
8. "MONEY" SHALL MEAN A MEDIUM OF EXCHANGE CURRENTLY AUTHORIZED OR
ADOPTED BY A DOMESTIC OR FOREIGN GOVERNMENT.
9. "DIGITAL CURRENCY" SHALL MEAN A DIGITAL REPRESENTATION OF VALUE,
RECOGNIZED ONLY ON THE COVERED PLATFORM, THAT IS SUPPLIED, EXCHANGED AND
MANAGED PURSUANT TO THE POLICIES OR RULES OF SUCH COVERED PLATFORM, AND
IS NOT ACCEPTED OR CONSIDERED A MEDIUM OF EXCHANGE CURRENTLY AUTHORIZED
OR ADOPTED BY A DOMESTIC OR FOREIGN GOVERNMENT.
10. "AI COMPANION" SHALL HAVE THE SAME MEANING AS SUBDIVISION FOUR OF
SECTION SEVENTEEN HUNDRED OF THIS CHAPTER; PROVIDED, HOWEVER, THAT AN
"AI COMPANION" SHALL NOT INCLUDE AN ARTIFICIAL INTELLIGENCE SYSTEM OR
NON-PLAYER CHARACTER THAT OPERATES EXCLUSIVELY WITHIN A GAME OR IMMER-
SIVE DIGITAL ENVIRONMENT, PROVIDED THAT SUCH SYSTEM'S INTERACTIONS ARE
STRICTLY CONSTRAINED TO THE FICTIONAL CONTEXT OF SUCH GAME OR ENVIRON-
MENT AND DO NOT INITIATE, ENCOURAGE, OR SUSTAIN DIALOGUE CONCERNING THE
USER'S REAL-WORLD LIFE, EMOTIONAL STATE, OR PERSONAL AFFAIRS.
11. "INTEGRATED AI COMPANION" SHALL MEAN AN AI COMPANION THAT IS AN
ACCESSIBLE OR USABLE FEATURE OF A COVERED PLATFORM.
12. "COVERED PLATFORM" SHALL MEAN A PUBLIC OR SEMI-PUBLIC WEBSITE,
ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION THAT:
(A) IS USED BY A COVERED MINOR IN THIS STATE;
(B) ALLOWS USERS TO CONSTRUCT A PUBLIC OR SEMI-PUBLIC PROFILE FOR THE
PURPOSES OF USING SUCH WEBSITE, SERVICE, OR APPLICATION; AND
(C) OFFERS OR PROVIDES THE FOLLOWING FEATURES:
(I) A MECHANISM TO ALLOW USERS TO COMMUNICATE PRIVATELY WITH EACH
OTHER WITHIN THE WEBSITE, SERVICE OR APPLICATION OR THROUGH PLATFORM
INTEGRATION WITH A SEPARATE WEBSITE, SERVICE, OR APPLICATION; AND
(II) (A) A MECHANISM TO CREATE OR POST MEDIA THAT IS VIEWABLE BY OTHER
USERS AND A MECHANISM TO RESPOND TO SUCH MEDIA, INCLUDING BUT NOT LIMIT-
ED TO, THROUGH A LANDING PAGE OR FEED THAT PRESENTS THE USER WITH MEDIA
CREATED OR POSTED BY OTHER USERS; OR
(B) A MECHANISM: (1) TO CREATE GAMES OR IMMERSIVE DIGITAL ENVIRONMENTS
FOR OTHER USERS OR TO PLAY ONLINE GAMES; AND (2) TO MAKE IN GAME
PURCHASES USING MONEY OR TO EXCHANGE MONEY FOR DIGITAL CURRENCY AS WELL
AS TO EXCHANGE DIGITAL CURRENCY FOR MONEY.
13. "MEDIA" SHALL MEAN TEXT, AN IMAGE OR A VIDEO. GAMES AND IMMER-
SIVE DIGITAL ENVIRONMENTS ARE NOT MEDIA.
S. 9008--C 64 A. 10008--C
14. "AGE ASSURANCE" SHALL MEAN REASONABLE AND TECHNICALLY FEASIBLE
METHODS TO DETERMINE THE AGE OF A USER, MADE CONSISTENT WITH SUBDIVISION
ONE OF SECTION FIFTEEN HUNDRED FORTY OF THIS ARTICLE.
15. "SYNCING" SHALL MEAN WHEN A USER IMPORTS EXISTING CONNECTIONS OR
CONTACT INFORMATION PERTAINING TO OTHER USERS INTO A COVERED PLATFORM.
16. "PLATFORM INTEGRATION" SHALL MEAN ANY FORM OF LINKING A USER'S
ACCOUNT ON A COVERED PLATFORM WITH THE USER'S ACCOUNT ON ONE OR MORE
DIFFERENT COVERED PLATFORMS.
§ 1540. PRIVACY BY DEFAULT AND PARENTAL APPROVALS. 1. (A) THE ATTOR-
NEY GENERAL MAY PROMULGATE RULES AND REGULATIONS IDENTIFYING METHODS FOR
REASONABLE AND TECHNICALLY FEASIBLE AGE ASSURANCE, WHICH MAY CONSIDER
THE SIZE, FINANCIAL RESOURCES, AND TECHNICAL CAPABILITIES OF COVERED
PLATFORMS, THE COSTS AND EFFECTIVENESS OF AVAILABLE AGE DETERMINATION
TECHNIQUES FOR USERS OF SUCH PLATFORMS, THE AUDIENCE OF SUCH PLATFORMS,
AND PREVALENT PRACTICES OF THE INDUSTRY OF THE OPERATOR. SUCH RULES OR
REGULATIONS MAY ALSO IDENTIFY THE APPROPRIATE LEVELS OF ACCURACY THAT
WOULD BE CONSIDERED REASONABLE FOR OPERATORS TO ACHIEVE IN DETERMINING
WHETHER A USER IS A COVERED MINOR. SUCH RULES OR REGULATIONS MAY SPECI-
FY THAT INFORMATION COLLECTED UNDER THIS ARTICLE SHALL NOT BE USED FOR
ANY PURPOSE OTHER THAN AGE ASSURANCE AND SHALL BE DELETED IMMEDIATELY
AFTER AN ATTEMPT TO DETERMINE A USER'S AGE, EXCEPT WHERE NECESSARY FOR
COMPLIANCE WITH ANY APPLICABLE PROVISIONS OF NEW YORK STATE OR FEDERAL
LAW OR RULE OR REGULATION.
(B) UNTIL SUCH TIME AS THE RULES OR REGULATIONS REFERENCED IN PARA-
GRAPH (A) OF THIS SUBDIVISION MAY HAVE BEEN PROMULGATED AND ARE IN
EFFECT, AN OPERATOR SHALL USE AGE ASSURANCE METHODS THAT MEET THE
REQUIREMENTS OF ARTICLE FORTY-FIVE OF THIS CHAPTER AND ITS IMPLEMENTING
RULES OR REGULATIONS, AS AMENDED, EXCEPT THAT FOR PURPOSES OF THIS ARTI-
CLE, AN OPERATOR MAY NOT USE SELF-DECLARATION OF AGE OR MINOR STATUS TO
DETERMINE WHETHER A COVERED USER IS A COVERED MINOR.
(C) TO THE EXTENT RULES OR REGULATIONS REFERENCED IN PARAGRAPH (A) OF
THIS SUBDIVISION ARE NOT IN EFFECT AND RULES OR REGULATIONS REFERENCED
IN PARAGRAPH (B) OF THIS SUBDIVISION REGARDING AGE ASSURANCE METHODS
PROMULGATED PURSUANT TO ARTICLE FORTY-FIVE OF THIS CHAPTER ARE NOT IN
EFFECT, AN OPERATOR SHALL RELY ON A DETERMINATION OF A COVERED USER'S
AGE MADE USING A REASONABLE AGE ASSURANCE METHOD THAT MEETS THE FOLLOW-
ING REQUIREMENTS:
(I) SUCH AGE ASSURANCE METHOD SHALL REASONABLY GUARD AGAINST CIRCUM-
VENTION AND REASONABLY MINIMIZE THE RETENTION OF INFORMATION COLLECTED
FOR AGE ASSURANCE PURPOSES;
(II) AN OPERATOR MAY NOT USE SELF-DECLARATION OF AGE OR MINOR STATUS
TO DETERMINE WHETHER A COVERED USER IS A COVERED MINOR; AND
(III) AN OPERATOR MUST MAKE AVAILABLE MORE THAN ONE AGE ASSURANCE
METHOD TO COVERED USERS, INCLUDING AT LEAST ONE METHOD THAT EITHER DOES
NOT RELY ON GOVERNMENT ISSUED IDENTIFICATION OR THAT ALLOWS A COVERED
USER TO MAINTAIN ANONYMITY AS TO THE OPERATOR.
2. AN OPERATOR MAY NOT OFFER OR MAKE AVAILABLE TO A COVERED USER THE
FEATURE OF COMMUNICATING PRIVATELY WITH A USER WITHIN THE COVERED PLAT-
FORM OR THROUGH PLATFORM INTEGRATION, VIEWING THE FULL PROFILE OF A
USER, RESPONDING TO OR DOWNLOADING MEDIA CREATED OR POSTED BY A USER,
TAGGING A USER IN POSTED MEDIA OR VIEWING THE GEOGRAPHIC LOCATION INFOR-
MATION OF A USER, UNLESS THE OPERATOR HAS CONDUCTED AGE ASSURANCE TO
DETERMINE WHETHER A COVERED USER IS A COVERED MINOR.
3. FOR ALL USERS DETERMINED BY AN OPERATOR TO BE A COVERED MINOR, SUCH
OPERATOR SHALL UTILIZE THE FOLLOWING SETTINGS BY DEFAULT FOR COVERED
S. 9008--C 65 A. 10008--C
MINORS, WHICH SHALL ENSURE THAT NO USER AGE EIGHTEEN OR OLDER WHO IS NOT
ALREADY CONNECTED TO A COVERED MINOR MAY:
(A) COMMUNICATE PRIVATELY WITH SUCH COVERED MINOR WITHIN THE COVERED
PLATFORM OR THROUGH PLATFORM INTEGRATION;
(B) VIEW THE FULL PROFILE OF SUCH COVERED MINOR;
(C) RESPOND TO OR DOWNLOAD MEDIA CREATED OR POSTED BY SUCH COVERED
MINOR;
(D) TAG SUCH COVERED MINOR IN POSTED MEDIA; OR
(E) VIEW THE GEOGRAPHIC LOCATION INFORMATION, WHERE SUCH INFORMATION
IS DERIVED FROM OR CAPTURED BY DEVICE OR NETWORK SIGNALS, INCLUDING BUT
NOT LIMITED TO GLOBAL POSITION SYSTEM, IP ADDRESS OR WI-FI POSITIONING,
OF SUCH COVERED MINOR.
4. IF AN OPERATOR PROVIDES A MECHANISM ON THE COVERED PLATFORM TO
SUGGEST OR RECOMMEND THE PROFILE OF A USER TO ANOTHER USER TO CONNECT
WITH, AN OPERATOR MAY NOT SUGGEST OR RECOMMEND THE PROFILE OF A COVERED
MINOR TO ANOTHER USER AGE EIGHTEEN OR OLDER WHO IS NOT ALREADY CONNECTED
TO SUCH COVERED MINOR. THIS SUBDIVISION SHALL NOT APPLY TO PROFILE
SUGGESTIONS OR RECOMMENDATIONS THAT ARE MADE AS A RESULT OF A COVERED
MINOR OR OTHER USER SYNCING CONTACTS WITH A COVERED PLATFORM.
4-A. NOTHING IN THIS SUBDIVISION IS INTENDED TO PROHIBIT ACTIONS
REASONABLY NECESSARY FOR PLATFORM SAFETY, ABUSE PREVENTION, CUSTOMER
SUPPORT, LEGAL COMPLIANCE OR EMERGENCY RESPONSE, AS MAY BE FURTHER
DEFINED IN RULES OR REGULATIONS PROMULGATED BY THE ATTORNEY GENERAL.
5. (A) A PARENT OF A COVERED MINOR MAY OVERRIDE THE DEFAULT PRIVACY
SETTINGS PROVIDED IN SUBDIVISIONS THREE AND FOUR OF THIS SECTION AT SUCH
PARENT'S DISCRETION. AN OPERATOR SHALL ALLOW A PARENT TO OVERRIDE OR
MAINTAIN EACH SETTING PROVIDED IN SUBDIVISION THREE OF THIS SECTION
SEPARATELY.
(B) AN OPERATOR SHALL NOTIFY A PARENT OF A COVERED MINOR WHENEVER SUCH
COVERED MINOR REQUESTS THAT THE OPERATOR OBTAIN APPROVAL FROM A COVERED
MINOR'S PARENT TO CONSENT TO CHANGE A DEFAULT SETTING PROVIDED IN SUBDI-
VISION THREE OR FOUR OF THIS SECTION. SUCH NOTICE SHALL INCLUDE A
STATEMENT THAT INFORMS THE PARENT THAT THEY ARE CHANGING A DEFAULT
SETTING REQUIRED UNDER NEW YORK LAW. THE PARENT MAY THEN EITHER PROVIDE
OR WITHHOLD SUCH CONSENT TO THE REQUEST TO CHANGE THE SETTINGS FOR SUCH
MINOR, PROVIDED THERE IS SEPARATE CONSENT PROVIDED FOR EACH REQUEST BY A
COVERED MINOR.
6. A REQUEST BY A USER TO CONNECT WITH A COVERED MINOR MAY BE SENT
SIMULTANEOUSLY WITH A REQUEST BY SUCH USER TO COMMUNICATE PRIVATELY WITH
SUCH COVERED MINOR AND A REQUEST BY A COVERED MINOR TO CONNECT WITH A
USER MAY BE SENT SIMULTANEOUSLY WITH A REQUEST BY SUCH COVERED MINOR TO
COMMUNICATE PRIVATELY WITH SUCH USER, PROVIDED, HOWEVER, THAT NO SUCH
PRIVATE COMMUNICATION MAY BE RETURNED OR RESPONDED TO, UNTIL THE
CONNECTION HAS BEEN APPROVED AND/OR ANY PARENTAL CONSENT REQUIRED BY
SUBDIVISION EIGHT OF THIS SECTION HAS BEEN PROVIDED.
7. (A) AN OPERATOR MAY NOT OFFER OR MAKE AVAILABLE TO A COVERED USER
THE USE OR ACCESS OF AN INTEGRATED AI COMPANION, UNLESS THE OPERATOR HAS
CONDUCTED AGE ASSURANCE TO DETERMINE WHETHER A COVERED USER IS A COVERED
MINOR.
(B) AN OPERATOR SHALL, BY DEFAULT, DISABLE THE ACCESS OR USE OF ANY
INTEGRATED AI COMPANION FOR ANY COVERED MINOR.
(C) A PARENT OF A COVERED MINOR MAY OVERRIDE THE DEFAULT DISABLED
ACCESS OR USE OF AN INTEGRATED AI COMPANION, PROVIDED IN PARAGRAPH (B)
OF THIS SUBDIVISION, AT SUCH PARENT'S DISCRETION. AN OPERATOR SHALL
ALLOW A PARENT TO OVERRIDE OR MAINTAIN THE SETTING PROVIDED FOR IN PARA-
S. 9008--C 66 A. 10008--C
GRAPH (B) OF THIS SUBDIVISION SEPARATELY FROM ANY OTHER MECHANISMS TO
OVERRIDE OTHER DEFAULT SETTINGS.
(D) AN OPERATOR SHALL NOTIFY A PARENT OF A COVERED MINOR WHENEVER SUCH
MINOR REQUESTS THAT THE OPERATOR OBTAIN CONSENT FROM SUCH COVERED
MINOR'S PARENT TO CHANGE THE DEFAULT SETTING PROVIDED IN PARAGRAPH (B)
OF THIS SUBDIVISION. SUCH NOTICE SHALL INCLUDE A STATEMENT THAT INFORMS
THE PARENT THAT THE PARENT IS BEING ASKED TO PROVIDE CONSENT TO CHANGE A
DEFAULT SETTING REQUIRED UNDER NEW YORK LAW. THE PARENT MAY THEREAFTER
PROVIDE OR WITHHOLD SUCH CONSENT.
8. (A) FOR ANY COVERED MINOR UNDER THE AGE OF THIRTEEN, AN OPERATOR
SHALL REQUIRE THE PARENT OF SUCH COVERED MINOR TO PROVIDE CONSENT BEFORE
THE ACCOUNT OF SUCH COVERED MINOR AND THE ACCOUNT OF ANOTHER USER MAY BE
CONNECTED. FOR ANY COVERED MINOR UNDER THE AGE OF THIRTEEN, AN OPERATOR
SHALL ALSO ESTABLISH A MECHANISM BY WHICH A PARENT OF SUCH MINOR MAY
EASILY VIEW THE LIST OF ALL USERS OR ACCOUNTS CURRENTLY CONNECTED WITH
THE ACCOUNT OF THE MINOR.
(B) FOR ANY COVERED MINOR, AN OPERATOR SHALL ESTABLISH A MECHANISM BY
WHICH A PARENT OF SUCH MINOR MAY EASILY VIEW A LIST OF ANY COVERED PLAT-
FORMS THAT HAVE BEEN LINKED TO OR REQUESTED TO BE LINKED TO THE ACCOUNT
OF THE MINOR, IF THE COVERED PLATFORM OFFERS A MECHANISM FOR PLATFORM
INTEGRATION.
9. (A) AN OPERATOR OF A COVERED PLATFORM THAT OFFERS OR PROVIDES THE
FEATURE DESCRIBED IN ITEM TWO OF CLAUSE (B) OF SUBPARAGRAPH (II) OF
PARAGRAPH (C) OF SUBDIVISION TWELVE OF SECTION FIFTEEN HUNDRED THIRTY-
NINE OF THIS ARTICLE, MAY NOT OFFER OR MAKE AVAILABLE SUCH FEATURE TO A
COVERED USER UNLESS THE OPERATOR HAS CONDUCTED AGE ASSURANCE TO DETER-
MINE WHETHER A COVERED USER IS A COVERED MINOR.
(B) FOR ALL USERS DETERMINED BY SUCH OPERATOR TO BE A COVERED MINOR,
SUCH OPERATOR SHALL ESTABLISH A MECHANISM THAT EITHER: (I) ENABLES THE
PARENT OF SUCH COVERED MINOR TO SET A MONTHLY LIMIT ON THE SPENDING OF
MONEY, WHETHER BY CHARGING A CREDIT CARD OR OTHER MEANS, IN CONNECTION
WITH THE DIRECT OR INDIRECT PURCHASE OR ACQUISITION OF ANYTHING ON OR
VIA THE COVERED PLATFORM, INCLUDING BUT NOT LIMITED TO DIGITAL CURRENCY,
RELATING TO SUCH COVERED MINOR'S ACCOUNT AND WHERE THE AMOUNT OF SUCH
LIMIT IS SET AT THE PARENT'S DISCRETION; OR
(II) ENABLES THE PARENT OF SUCH COVERED MINOR TO OPT OUT OF SETTING
SUCH LIMITS.
(C) SUCH AN OPERATOR MAY ESTABLISH A MECHANISM TO ENABLE THE COVERED
MINOR TO REQUEST THAT THE OPERATOR OBTAIN CONSENT FROM THE PARENT OF
SUCH COVERED MINOR FOR THE FURTHER EXPENDITURE OF MONEY, SUCH AS CHARG-
ING THE CREDIT CARD ASSOCIATED WITH SUCH COVERED MINOR'S ACCOUNT, ONCE
THE LIMIT SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH (B) OF THIS SUBDI-
VISION IS REACHED. IN SUCH AN INSTANCE, THE OPERATOR SHALL OBTAIN SUCH
CONSENT FROM SUCH PARENT BEFORE ANY SUCH CHARGES MAY BE PROCESSED BY THE
OPERATOR.
(D) SUCH OPERATOR SHALL FURTHER ESTABLISH A MECHANISM BY WHICH A
PARENT OF A COVERED MINOR MAY EASILY VIEW A HISTORY OF ALL FINANCIAL
TRANSACTIONS RELATING TO SUCH COVERED MINOR'S ACCOUNT AT ANY TIME, WHICH
AT A MINIMUM, IDENTIFIES THE USERS INVOLVED IN EACH SUCH TRANSACTION, IN
ADDITION TO THE COVERED MINOR, AS WELL AS THE AMOUNTS OF MONEY OR
DIGITAL CURRENCY ASSOCIATED WITH EACH TRANSACTION.
§ 1541. PROHIBITION ON FEATURES THAT SUBVERT THE PURPOSES OF THIS
ARTICLE. IT SHALL BE UNLAWFUL FOR AN OPERATOR TO DEPLOY ON A COVERED
PLATFORM ANY MECHANISM OR DESIGN FEATURE WHICH HAS THE EFFECT OF INHIB-
ITING THE PURPOSE OF THIS ARTICLE, SUBVERTS COVERED MINOR AND/OR PARENT
S. 9008--C 67 A. 10008--C
CHOICE OR AUTONOMY OR RENDERS IT MORE DIFFICULT FOR A COVERED MINOR
AND/OR PARENT TO EXERCISE ANY OF THE OPTIONS PROVIDED IN THIS ARTICLE.
§ 1542. NONDISCRIMINATION. AN OPERATOR SHALL NOT WITHHOLD, DEGRADE,
LOWER THE QUALITY OF, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR
FEATURE OF A COVERED PLATFORM, OTHER THAN AS NECESSARY FOR COMPLIANCE
WITH THE PROVISIONS OF THIS ARTICLE OR ANY RULES OR REGULATIONS PROMUL-
GATED PURSUANT TO THIS ARTICLE, TO A USER DUE TO SUCH OPERATOR BEING
REQUIRED TO COMPLY WITH THIS ARTICLE.
§ 1543. SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT OCCURS IN
WHOLE OR IN PART IN NEW YORK.
2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY FOR
COMMERCIAL ACTIVITIES OR ACTIONS BY OPERATORS SUBJECT TO 15 U.S.C. §
6501 THAT IS INCONSISTENT WITH THE TREATMENT OF SUCH ACTIVITIES OR
ACTIONS UNDER 15 U.S.C. § 6502.
§ 1544. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE ANY
OTHER SUCH RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE AND
ENFORCE THE PROVISIONS OF THIS ARTICLE.
§ 1545. CONSTRUCTION OF ARTICLE. NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED TO PROHIBIT AN OPERATOR FROM IMPLEMENTING A DEFAULT PRIVACY
SETTING FOR COVERED MINORS AND/OR OTHER USERS THAT IS MORE PROTECTIVE
THAN THAT REQUIRED BY THIS ARTICLE.
§ 1546. LANGUAGE ACCESS. 1. INSTRUCTIONS TO PARENTS ON HOW TO PROVIDE
PARENTAL CONSENT AND TO EXERCISE PARENTAL CONTROLS, OVERRIDES, SETTINGS,
AND OTHER PERMISSIONS REQUIRED BY THIS ARTICLE SHALL CLEARLY AND
CONSPICUOUSLY BE MADE AVAILABLE IN NO FEWER THAN THE TWELVE MOST COMMON-
LY SPOKEN LANGUAGES IN NEW YORK STATE CONSISTENT WITH SECTION TWO
HUNDRED TWO-A OF THE EXECUTIVE LAW AND AS FURTHER DEFINED BY REGULATIONS
THAT MAY BE PROMULGATED BY THE ATTORNEY GENERAL.
2. THE ATTORNEY GENERAL SHALL ENSURE THAT ANY PUBLIC INFORMATION OR
GUIDANCE THAT IT MAY PROVIDE CONCERNING THIS ARTICLE IS AVAILABLE IN THE
TWELVE MOST COMMONLY SPOKEN LANGUAGES IN NEW YORK STATE CONSISTENT WITH
SECTION TWO HUNDRED TWO-A OF THE EXECUTIVE LAW.
§ 1547. REMEDIES. 1. ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
WHENEVER IT APPEARS TO THE ATTORNEY GENERAL, UPON COMPLAINT OR OTHER-
WISE, THAT ANY PERSON, WITHIN OR OUTSIDE THE STATE, HAS VIOLATED THE
PROVISIONS OF THIS ARTICLE, THE ATTORNEY GENERAL MAY BRING AN ACTION OR
SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF THE PEOPLE OF THE STATE
OF NEW YORK TO ENJOIN ANY SUCH VIOLATION, TO OBTAIN RESTITUTION OF ANY
MONEYS OR PROPERTY OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH
VIOLATION, TO OBTAIN DISGORGEMENT OF ANY PROFITS OR GAINS OBTAINED
DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DAMAGES CAUSED
DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL PENALTIES
OF UP TO FIVE THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN ANY SUCH
OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUDING PRELIM-
INARY RELIEF.
2. THE ATTORNEY GENERAL SHALL MAINTAIN A WEBSITE TO RECEIVE
COMPLAINTS, INFORMATION, AND/OR REFERRALS FROM MEMBERS OF THE PUBLIC
CONCERNING AN OPERATOR'S OR COVERED PLATFORM'S ALLEGED COMPLIANCE OR
NONCOMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
§ 3. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
S. 9008--C 68 A. 10008--C
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 4. This act shall take effect January 1, 2027. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART Z
Intentionally Omitted
PART AA
Intentionally Omitted
PART BB
Section 1. The insurance law is amended by adding a new section 2356
to read as follows:
§ 2356. PREMIUM CHANGE EXPLANATIONS. (A) AN INSURER SHALL INCLUDE A
NOTICE ACCOMPANYING THE PREMIUM BILL THAT INCLUDES THE AMOUNT OF THE
PREMIUM INCREASE FROM THE PRIOR POLICY PERIOD AND A WRITTEN EXPLANATION
FOR THE PREMIUM INCREASE, INCLUDING THE PRIMARY RATING FACTORS CAUSING
THE INCREASE, FOR A COVERED POLICY AS DEFINED IN PARAGRAPH ONE AND IN
SUBPARAGRAPH (A) OF PARAGRAPH TWO OF SUBSECTION (A) OF SECTION THREE
THOUSAND FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER, WHERE THE TOTAL POLI-
CY PREMIUM INCREASE IS IN EXCESS OF TEN PERCENT, EXCLUSIVE OF ANY PREMI-
UM INCREASE DUE TO INSURED VALUE ADDED.
(B) (1) EXCEPT WHEN AN INSURER PROVIDES AN EXPLANATION PURSUANT TO
SUBSECTION (A) OF THIS SECTION, AN INSURER SHALL INCLUDE A PROMINENT
NOTICE ACCOMPANYING THE PREMIUM BILL, FOR A POLICY COVERING A MOTOR
VEHICLE OR A POLICY COVERING LOSS OF OR DAMAGE TO REAL PROPERTY USED
PREDOMINANTLY FOR RESIDENTIAL PURPOSES, THAT STATES THE FOLLOWING:
"POLICYHOLDERS RECEIVING AN INCREASE TO THEIR PREMIUMS AT RENEWAL MAY
REQUEST A WRITTEN EXPLANATION, INCLUDING THE PRIMARY RATING FACTORS
CAUSING THE INCREASE, BY CONTACTING THEIR INSURERS IN WRITING." AN
INSURER SHALL INCLUDE ITS CONTACT INFORMATION WITH THE PROMINENT NOTICE.
(2) UPON A POLICYHOLDER'S WRITTEN REQUEST AT POLICY RENEWAL, AN INSUR-
ER SHALL PROVIDE A WRITTEN EXPLANATION FOR THE INCREASED PREMIUMS,
INCLUDING THE PRIMARY RATING FACTORS CAUSING THE INCREASE, FOR A POLICY
COVERING A MOTOR VEHICLE OR A POLICY COVERING LOSS OF OR DAMAGE TO REAL
PROPERTY USED PREDOMINANTLY FOR RESIDENTIAL PURPOSES. AN INSURER SHALL
PROVIDE THE WRITTEN EXPLANATION TO THE POLICYHOLDER, INCLUDING THE
PRIMARY RATING FACTORS CAUSING THE INCREASE, WITHIN TWENTY DAYS FROM
RECEIPT OF THE POLICYHOLDER'S WRITTEN REQUEST.
(C) FOR THE PURPOSE OF THIS SECTION, PRIMARY RATING FACTORS SHALL
INCLUDE FACTORS THAT RESULTED IN A PREMIUM RATE INCREASE, SUCH AS:
(1) INDIVIDUAL CLAIMS HISTORY;
(2) CHANGES MADE TO THE POLICY, INCLUDING THE POLICYHOLDER ADDING OR
REPLACING A VEHICLE, FAMILY MEMBERS BEING ADDED TO THE POLICY, OR A
CHANGE IN ADDRESS;
(3) ANTICIPATED LOSSES IN THE RATING TERRITORY THAT WOULD REQUIRE A
NEED FOR AN INCREASED PREMIUM; AND
S. 9008--C 69 A. 10008--C
(4) INCREASED COSTS ASSOCIATED WITH CLAIMS, INCLUDING THE INCREASED
COST OF VEHICLE REPAIRS, CLAIMS PROCESSING, OR MEDICAL COSTS.
(D) IF AN INSURER OFFERING A PRIVATE PASSENGER AUTOMOBILE INSURANCE
POLICY REDUCES PREMIUM RATES DUE TO THE REFORMS OF THE STATE FISCAL YEAR
TWO THOUSAND TWENTY-SIX -- TWO THOUSAND TWENTY-SEVEN BUDGET, SUCH INSUR-
ER SHALL PROVIDE NOTICE TO THE POLICYHOLDER OF THIS RATE REDUCTION AND
INDICATE THAT THE REDUCTION WAS DUE TO THE REFORMS OF THE STATE FISCAL
YEAR TWO THOUSAND TWENTY-SIX -- TWO THOUSAND TWENTY-SEVEN BUDGET.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART CC
Intentionally Omitted
PART DD
Intentionally Omitted
PART EE
Section 1. Subsection (d) of section 5102 of the insurance law, as
amended by chapter 955 of the laws of 1984, is amended to read as
follows:
(d) "Serious injury" means a personal injury which results in death;
dismemberment; significant disfigurement; a fracture; loss of a fetus;
permanent loss of use of a body organ, member, function or system;
permanent consequential limitation of use of a body organ or member; OR
significant limitation of use of a body function or system[; or a
medically determined injury or impairment of a non-permanent nature
which prevents the injured person from performing substantially all of
the material acts which constitute such person's usual and customary
daily activities for not less than ninety days during the one hundred
eighty days immediately following the occurrence of the injury or
impairment].
§ 2. Subsection (a) of section 5104 of the insurance law is amended
and a new subsection (d) is added to read as follows:
(a) Notwithstanding any other law, in any action by or on behalf of a
covered person against another covered person for personal injuries
arising out of negligence in the use or operation of a motor vehicle in
this state, there shall be no right of recovery for non-economic loss,
except in the case of a serious injury, or for basic economic loss. The
owner, operator or occupant of a motorcycle which has in effect the
financial security required by article six or eight of the vehicle and
traffic law, or which is referred to in subdivision two of section three
hundred twenty-one of such law, shall not be subject to an action by or
on behalf of a covered person for recovery for non-economic loss, except
in the case of a serious injury, or for basic economic loss. NO LIABIL-
ITY FOR NON-ECONOMIC LOSS SHALL BE FIXED UNLESS AND UNTIL THE TRIER OF
FACT HAS DETERMINED THE EXISTENCE OF A SERIOUS INJURY. IN ANY ACTION TO
RECOVER NON-ECONOMIC LOSS PURSUANT TO THIS ARTICLE, THE TRIER OF FACT
SHALL NOT DETERMINE THE QUESTION OF WHETHER AN INJURY IS A SERIOUS INJU-
RY UNTIL THE TRIER OF FACT HAS DETERMINED THE PARTY OR PARTIES AT FAULT.
S. 9008--C 70 A. 10008--C
(D) NOTWITHSTANDING THE FOREGOING, AND OTHER THAN IN AN ACTION FOR
DAMAGES FOR INJURIES RESULTING IN DEATH, RECOVERY FOR NON-ECONOMIC LOSS
SHALL BE LIMITED TO ONE HUNDRED THOUSAND DOLLARS IN THE CASE OF A SERI-
OUS INJURY IN ANY ACTION BY OR ON BEHALF OF AN INJURED PERSON WHO IS AT
FAULT, IS NOT BARRED FROM RECOVERY BY SECTION FOURTEEN HUNDRED ELEVEN OF
THE CIVIL PRACTICE LAW AND RULES, AND WAS (1) OPERATING AN UNINSURED
MOTOR VEHICLE AND RESPONSIBLE UNDER ARTICLE SIX OF THE VEHICLE AND TRAF-
FIC LAW FOR INSURING SUCH MOTOR VEHICLE, EXCEPT IF A LAPSE IN MOTOR
VEHICLE INSURANCE COVERAGE OCCURS FOR A PERIOD OF TIME LESS THAN THIRTY
DAYS; (2) OPERATING A MOTOR VEHICLE WHILE IMPAIRED AT THE TIME OF THE
ACCIDENT AND CONVICTED OF SUCH; OR (3) OPERATING A MOTOR VEHICLE IN THE
COMMISSION OF A FELONY, OR IMMEDIATE FLIGHT THEREFROM, AT THE TIME OF
THE ACCIDENT AND HAS BEEN CONVICTED OF SUCH FELONY.
§ 3. Section 1411 of the civil practice law and rules, as added by
chapter 69 of the laws of 1975, is amended to read as follows:
§ 1411. Damages recoverable when contributory negligence or assumption
of risk is established. [In] (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF
THIS SECTION, IN any action to recover damages for personal injury,
injury to property, or wrongful death, the culpable conduct attributable
to the claimant or to the decedent, including contributory negligence or
assumption of risk, shall not bar recovery[, but the]. THE amount of
damages otherwise recoverable shall be diminished in the proportion
which the culpable conduct attributable to the claimant or decedent
bears to the culpable conduct which caused the damages.
(B) IN ANY ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY SUBJECT TO
ARTICLE FIFTY-ONE OF THE INSURANCE LAW, THE CULPABLE CONDUCT ATTRIBUT-
ABLE TO THE CLAIMANT SHALL BAR RECOVERY IF THE CULPABLE CONDUCT ATTRIB-
UTABLE TO THE CLAIMANT IS GREATER THAN THE CULPABLE CONDUCT OF THE
PERSON AGAINST WHOM RECOVERY IS SOUGHT OR IS GREATER THAN THE COMBINED
CULPABLE CONDUCT OF THE PERSONS AGAINST WHOM RECOVERY IS SOUGHT.
§ 4. This act shall take effect immediately and shall be applicable to
all actions and proceedings commenced on or after such date.
PART FF
Intentionally Omitted
PART GG
Section 1. The insurance law is amended by adding a new section 346 to
read as follows:
§ 346. ANNUAL REPORT ON INSURANCE FOR MULTI-FAMILY BUILDINGS. AN
AUTHORIZED INSURER THAT ISSUES OR DELIVERS IN THIS STATE A POLICY THAT
INSURES LOSS OF OR DAMAGE TO REAL PROPERTY USED PREDOMINANTLY FOR RESI-
DENTIAL PURPOSES AND THAT CONSISTS OF TWO OR MORE DWELLING UNITS, OTHER
THAN HOTELS AND MOTELS, SHALL FILE A REPORT WITH THE SUPERINTENDENT BY
MARCH FIRST OF EACH YEAR, IN A FORM PRESCRIBED BY THE SUPERINTENDENT,
THAT INCLUDES INFORMATION ON SUCH POLICIES FOR THE PRECEDING CALENDAR
YEAR, INCLUDING PREMIUMS COLLECTED, CLAIMS PAID, AND SUCH OTHER INFORMA-
TION AS THE SUPERINTENDENT SHALL DEEM NECESSARY, IN CONSULTATION WITH
THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL. THE SUPERINTENDENT
SHALL PUBLISH ON THE DEPARTMENT'S WEBSITE THE REPORTS REQUIRED BY THIS
SECTION.
§ 2. This act shall take effect immediately.
S. 9008--C 71 A. 10008--C
PART HH
Section 1. This Part enacts into law components of legislation relat-
ing to pre-authorization, access to specialty care, and formulary lists.
Each component is wholly contained within a Subpart identified as
Subparts A through D. The effective date for each particular provision
contained within such Subpart is set forth in the last section of such
Subpart. Any provision in any section contained within a Subpart,
including the effective date of the Subpart, which makes reference to a
section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Subpart in which it is found. Section two of this Part
sets forth the general effective date of this Part.
SUBPART A
Section 1. Section 210 of the insurance law, as amended by chapter 579
of the laws of 1998, subsection (d) as amended by chapter 207 of the
laws of 2019, is amended to read as follows:
§ 210. Annual consumer guide of health insurers, and entities certi-
fied pursuant to article forty-four of the public health law.
(a) The superintendent shall annually publish on or before September
first, nineteen hundred ninety-nine, and annually thereafter, a consumer
guide to insurers providing managed care products, individual accident
and health insurance or group or blanket accident and health insurance
and entities licensed pursuant to article forty-four of the public
health law providing comprehensive health service plans which includes,
in detail, a ranking from best to worst based upon each company's claim
processing or medical payments record during the preceding calendar year
using criteria available to the department, adjusted for volume of
coverage provided. Such ranking shall also take into consideration the
corresponding total number or percentage of claims denied which were
reversed or compromised after intervention by the department and the
department of health, consumer complaints to the department and the
department of health, violations of section three thousand two hundred
twenty-four-a of this chapter and other pertinent data which would
permit the department to objectively determine a company's performance.
The department in publishing such consumer guide shall publish one
state-wide guide or no more than five regional guides so as to facili-
tate comparisons among individual insurers and entities within a service
market area. Such rankings shall be printed in a format which ranks all
health insurers and all entities certified pursuant to article forty-
four of the public health law in one combined list.
(b) [Beginning September first, nineteen hundred ninety-nine and annu-
ally thereafter, the] THE superintendent shall include in such guide
ANNUALLY, and insurers and entities certified pursuant to article
forty-four of the public health law shall provide to the superintendent
the information required for such guide in a timely fashion, the follow-
ing information:
(1) The number of grievances filed pursuant to section forty-four
hundred eight-a of the public health law, SECTION THREE THOUSAND TWO
HUNDRED SEVENTEEN-D OF THIS CHAPTER, SECTION FOUR THOUSAND THREE HUNDRED
SIX-C OF THIS CHAPTER, or article forty-eight of this chapter and the
number of such grievances in which an adverse determination of the
insurer or entity was reversed in whole or in part versus the number of
such determinations which were upheld; [and]
S. 9008--C 72 A. 10008--C
(2) BEGINNING SEPTEMBER FIRST, TWO THOUSAND TWENTY-SEVEN, THE NUMBER
OF APPROVALS AND THE NUMBER OF ADVERSE DETERMINATIONS IN WHOLE OR PART
ISSUED BY UTILIZATION REVIEW AGENTS PURSUANT TO SECTION FORTY-NINE
HUNDRED THREE OF THE PUBLIC HEALTH LAW OR SECTION FOUR THOUSAND NINE
HUNDRED THREE OF THIS CHAPTER; AND
(3) The number of appeals to utilization review determinations [which]
THAT were filed pursuant to [article forty-nine of the public health law
or article forty-nine] SECTION FORTY-NINE HUNDRED FOUR OF THE PUBLIC
HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED FOUR of this chapter
and the number of such determinations [which] THAT were reversed IN
WHOLE OR IN PART versus the number of such determinations [which] THAT
were upheld.
(c) Beginning September first, nineteen hundred ninety-nine and annu-
ally thereafter, in addition to the information required in subsections
(a) and (b) of this section, the superintendent, in conjunction with the
commissioner of health, in consultation with the National Committee on
Quality Assurance or a similar national organization, shall include in
such guide the following additional information, for the most recent
year in which such information is available and where applicable, for
health insurers, health insurers providing managed care products and
entities certified under article forty-four of the public health law
providing comprehensive health service plans pursuant to such article:
(1) the percentage of physicians who are either board certified or
board eligible;
(2) the percentage of primary care physicians who remained participat-
ing providers, provided however, that such percentage shall exclude
voluntary terminations due to physician retirement, relocation or other
similar reasons;
(3) the percentage of enrollees aged twenty-three to thirty-nine and
forty to sixty-four who had one or more visits to a health plan practi-
tioner during the three years of their continual enrollment.
(4) the methods used to compensate primary care physicians and other
providers, provided however, that nothing in this section shall be
construed to require disclosure of the specific details of any financial
arrangement between the insurer or entity and an individual provider or
practice;
(5) the national accreditation status of insurers and entities, where
applicable;
(6) indices of the quality of care provided, such as the rates of
mammography, prostate, and cervical cancer screening, prenatal care,
well-child care, immunization and such other information collected by
the commissioner of health through the health plan employer data and
information set (HEDIS); or through the quality assurance reporting
requirements for entities not otherwise required to collect and report
health plan employer data and information set (HEDIS) data;
(7) the results of a consumer satisfaction survey among enrollees of
the various health insurers and entities, which shall be conducted by
the superintendent and commissioner of health, in consultation with the
National Committee on Quality Assurance or a similar national organiza-
tion;
(8) a toll-free telephone number for each health insurer or plan;
(9) toll-free telephone numbers at the department and the department
of health to which consumers can make complaints about insurers or enti-
ties; and
(10) except as required in paragraph seven of this subsection, health
insurers and entities certified pursuant to article forty-four of the
S. 9008--C 73 A. 10008--C
public health law shall report the information required under this
subdivision to the commissioner of health, and the commissioner shall
provide such information to the superintendent for inclusion in the
annual consumer guide.
(d) BEGINNING SEPTEMBER FIRST, TWO THOUSAND TWENTY-SEVEN AND ANNUALLY
THEREAFTER, IN ADDITION TO THE INFORMATION REQUIRED IN SUBSECTIONS (A),
(B), AND (C) OF THIS SECTION, THE SUPERINTENDENT SHALL INCLUDE IN SUCH
GUIDE, AND INSURERS AND ENTITIES CERTIFIED PURSUANT TO ARTICLE FORTY-
FOUR OF THE PUBLIC HEALTH LAW SHALL PROVIDE TO THE SUPERINTENDENT, IN A
FORM AND MANNER SPECIFIED BY THE SUPERINTENDENT, THE INFORMATION
REQUIRED FOR SUCH GUIDE IN A TIMELY FASHION, THE FOLLOWING INFORMATION
REGARDING PRE-AUTHORIZATION REQUESTS UNDER ARTICLE FORTY-NINE OF THE
PUBLIC HEALTH LAW OR ARTICLE FORTY-NINE OF THIS CHAPTER:
(1) THE NUMBER OF PRE-AUTHORIZATION REQUESTS RECEIVED UNDER SECTION
FORTY-NINE HUNDRED THREE OF THE PUBLIC HEALTH LAW AND SECTION FOUR THOU-
SAND NINE HUNDRED THREE OF THIS CHAPTER;
(2) THE NUMBER OF PRE-AUTHORIZATION REQUESTS FOR WHICH AN AUTHORI-
ZATION WAS ISSUED UNDER SECTION FORTY-NINE HUNDRED THREE OF THE PUBLIC
HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED THREE OF THIS CHAPTER;
(3) THE NUMBER OF PRE-AUTHORIZATION REQUESTS FOR WHICH AN ADVERSE
DETERMINATION WAS ISSUED IN WHOLE OR PART UNDER SECTION FORTY-NINE
HUNDRED THREE OF THE PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE
HUNDRED THREE OF THIS CHAPTER;
(4) THE NUMBER OF PRE-AUTHORIZATION REQUESTS FOR WHICH AN ADVERSE
DETERMINATION WAS APPEALED UNDER SECTION FORTY-NINE HUNDRED FOUR OF THE
PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS
CHAPTER;
(5) THE NUMBER OF PRE-AUTHORIZATION REQUESTS FOR WHICH AN ADVERSE
DETERMINATION WAS REVERSED ON APPEAL IN WHOLE OR PART UNDER SECTION
FORTY-NINE HUNDRED FOUR OF THE PUBLIC HEALTH LAW AND SECTION FOUR THOU-
SAND NINE HUNDRED FOUR OF THIS CHAPTER;
(6) THE NUMBER OF PRE-AUTHORIZATION REQUESTS FOR WHICH AN ADVERSE
DETERMINATION WAS UPHELD UNDER SECTION FORTY-NINE HUNDRED FOUR OF THE
PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS
CHAPTER;
(7) THE TWENTY-FIVE CURRENT PROCEDURAL TERMINOLOGY CODES WITH THE
HIGHEST NUMBER OF PRE-AUTHORIZATION REQUESTS AND THE PERCENTAGE OF
AUTHORIZATIONS FOR EACH OF THESE CURRENT PROCEDURAL TERMINOLOGY CODES
UNDER SECTION FORTY-NINE HUNDRED THREE OF THE PUBLIC HEALTH LAW AND
SECTION FOUR THOUSAND NINE HUNDRED THREE OF THIS CHAPTER;
(8) THE TWENTY-FIVE CURRENT PROCEDURAL TERMINOLOGY CODES WITH THE
HIGHEST NUMBER OF PRE-AUTHORIZATION REQUESTS FOR WHICH AN AUTHORIZATION
WAS ISSUED UNDER SECTION FORTY-NINE HUNDRED THREE OF THE PUBLIC HEALTH
LAW AND SECTION FOUR THOUSAND NINE HUNDRED THREE OF THIS CHAPTER;
(9) THE TWENTY-FIVE CURRENT PROCEDURAL TERMINOLOGY CODES WITH THE
HIGHEST NUMBER OF PRE-AUTHORIZATION REQUESTS UNDER SECTION FORTY-NINE
HUNDRED THREE OF THE PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE
HUNDRED THREE OF THIS CHAPTER FOR WHICH AN ADVERSE DETERMINATION WAS
ISSUED IN WHOLE OR PART BUT THAT WAS REVERSED BY AN APPEAL, IN WHOLE OR
PART, UNDER SECTION FORTY-NINE HUNDRED FOUR OF THE PUBLIC HEALTH LAW AND
SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER; AND
(10) THE TWENTY-FIVE CURRENT PROCEDURAL TERMINOLOGY CODES WITH THE
HIGHEST NUMBER OF PRE-AUTHORIZATION REQUESTS FOR WHICH AN ADVERSE DETER-
MINATION WAS ISSUED IN WHOLE OR PART UNDER SECTION FORTY-NINE HUNDRED
THREE OF THE PUBLIC HEALTH LAW AND SECTION FOUR THOUSAND NINE HUNDRED
THREE OF THIS CHAPTER.
S. 9008--C 74 A. 10008--C
(E) Health insurers and entities certified pursuant to article forty-
four of the public health law shall provide annually to the superinten-
dent and the commissioner of health, and the commissioner of health
shall provide to the superintendent BY MARCH FIRST OF EACH YEAR, all of
the information necessary for the superintendent to produce the annual
consumer guide. In compiling the guide, the superintendent shall make
every effort to ensure that the information is presented in a clear,
understandable fashion [which] THAT facilitates comparisons among indi-
vidual insurers and entities, and in a format [which] THAT lends itself
to the widest possible distribution to consumers. The superintendent
shall either include the information from the annual consumer guide in
the consumer shopping guide required by subsection (a) of section four
thousand three hundred twenty-three of this chapter or combine the two
guides as long as consumers in the individual market are provided with
the information required by subsection (a) of section four thousand
three hundred twenty-three of this chapter.
[(e)] (F) The superintendent shall contract with a national organiza-
tion for the purposes of drafting and designing the guide, including the
preparation of relevant explanatory material. Such organization shall
have actual experience in preparing a similar guide for at least one
other state. The superintendent, in consultation with the commissioner
of health, may also contract with one or more national organizations to
assist such commissioner in the collection of data and the analysis and
auditing of the clinical measurers. Such organizations shall consult
periodically with associations representing health insurers and health
maintenance organizations as well as with consumer representatives in
New York in preparing the consumer guide.
§ 2. This act shall take effect immediately.
SUBPART B
Section 1. Subsection (f) of section 4804 of the insurance law, as
added by chapter 705 of the laws of 1996, is amended to read as follows:
(f) If a new insured whose health care provider is not a member of the
insurer's in-network benefits portion of the provider network enrolls in
the managed care product, the insurer shall permit the insured to
continue an ongoing course of treatment with the insured's current
health care provider during a transitional period of up to [sixty] NINE-
TY days from the effective date of enrollment[, if (1) the insured has a
life-threatening disease or condition or a degenerative and disabling
disease or condition or (2)]. IF the insured [has entered the second
trimester of pregnancy] IS PREGNANT at the time of enrollment, [in which
case] the transitional period shall include the provision of [post-par-
tum] CARE FOR THE DURATION OF THE PREGNANCY AND POSTPARTUM care directly
related to the delivery. If an insured elects to continue to receive
care from such health care provider pursuant to this paragraph, such
care shall be authorized by the insurer for the transitional period only
if the health care provider agrees: (A) to accept reimbursement from the
insurer at rates established by the insurer as payment in full, which
rates shall be no more than the level of reimbursement applicable to
similar providers within the in-network benefits portion of the insur-
er's network for such services; (B) to adhere to the insurer's quality
assurance requirements and agrees to provide to the insurer necessary
medical information related to such care; and (C) to otherwise adhere to
the insurer's policies and procedures including, but not limited to,
procedures regarding referrals and obtaining pre-authorization and a
S. 9008--C 75 A. 10008--C
treatment plan approved by the insurer. In no event shall this
subsection be construed to require an insurer to provide coverage for
benefits not otherwise covered or to diminish or impair pre-existing
condition limitations contained within the insured's contract.
§ 2. Paragraph (f) of subdivision 6 of section 4403 of the public
health law, as added by chapter 705 of the laws of 1996, is amended to
read as follows:
(f) If a new enrollee whose health care provider is not a member of
the health maintenance organization's provider network enrolls in the
health maintenance organization, the organization shall permit the
enrollee to continue an ongoing course of treatment with the enrollee's
current health care provider during a transitional period of up to
[sixty] NINETY days from the effective date of enrollment[, if (i) the
enrollee has a life-threatening disease or condition or a degenerative
and disabling disease or condition or (ii)]. IF the enrollee [has
entered the second trimester of pregnancy] IS PREGNANT at the effective
date of enrollment, [in which case] the transitional period shall
include the provision of [post-partum] CARE FOR THE DURATION OF THE
PREGNANCY AND POSTPARTUM care directly related to the delivery. If an
enrollee elects to continue to receive care from such health care
provider pursuant to this paragraph, such care shall be authorized by
the health maintenance organization for the transitional period only if
the health care provider agrees: (A) to accept reimbursement from the
health maintenance organization at rates established by the health main-
tenance organization as payment in full, which rates shall be no more
than the level of reimbursement applicable to similar providers within
the health maintenance organization's network for such services; (B) to
adhere to the organization's quality assurance requirements and agrees
to provide to the organization necessary medical information related to
such care; and (C) to otherwise adhere to the organization's policies
and procedures including, but not limited to, procedures regarding
referrals and obtaining pre-authorization and a treatment plan approved
by the organization. In no event shall this paragraph be construed to
require a health maintenance organization to provide coverage for bene-
fits not otherwise covered or to diminish or impair pre-existing condi-
tion limitations contained within the subscriber's contract.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to
policies issued, renewed, modified, or amended on or after such date.
SUBPART C
Section 1. Subsection (a) of section 3242 of the insurance law, as
added by section 1 of subpart C of part J of chapter 57 of the laws of
2019, is amended to read as follows:
(a) Every insurer that delivers or issues for delivery in this state a
policy that provides coverage for prescription drugs shall, with respect
to the prescription drug coverage, publish an up-to-date, accurate, and
complete list of all covered prescription drugs on its formulary drug
list, including any tiering structure that it has adopted and any
restrictions on the manner in which a prescription drug may be obtained,
in a manner that is easily accessible to insureds [and], prospective
insureds, HEALTH CARE PROVIDERS, AND OTHER INTERESTED PARTIES. The
formulary drug list shall clearly identify the preventive prescription
drugs that are available without annual deductibles or coinsurance,
S. 9008--C 76 A. 10008--C
including co-payments. A FORMULARY DRUG LIST SHALL ONLY BE CONSIDERED
EASILY ACCESSIBLE IF:
(1) IT CAN BE VIEWED ON THE INSURER'S PUBLIC WEBSITE WITHOUT REQUIRING
AN INDIVIDUAL TO CREATE OR ACCESS AN ACCOUNT OR ENTER A PASSWORD OR TO
BE COVERED UNDER AN INSURANCE POLICY ISSUED BY THE INSURER; AND
(2) AN INDIVIDUAL CAN EASILY DISCERN WHICH FORMULARY DRUG LIST APPLIES
TO WHICH PLAN, IF AN INSURER OFFERS MORE THAN ONE PLAN.
§ 2. Subsection (a) of section 4329 of the insurance law, as added by
section 2 of subpart C of part J of chapter 57 of the laws of 2019, is
amended to read as follows:
(a) Every corporation subject to the provisions of this article that
issues a contract that provides coverage for prescription drugs shall,
with respect to the prescription drug coverage, publish an up-to-date,
accurate, and complete list of all covered prescription drugs on its
formulary drug list, including any tiering structure that it has adopted
and any restrictions on the manner in which a prescription drug may be
obtained, in a manner that is easily accessible to insureds [and],
prospective insureds, HEALTH CARE PROVIDERS, AND OTHER INTERESTED
PARTIES. The formulary drug list shall clearly identify the preventive
prescription drugs that are available without annual deductibles or
coinsurance, including co-payments. A FORMULARY DRUG LIST SHALL ONLY BE
CONSIDERED EASILY ACCESSIBLE IF:
(1) IT CAN BE VIEWED ON THE CORPORATION'S PUBLIC WEBSITE WITHOUT
REQUIRING AN INDIVIDUAL TO CREATE OR ACCESS AN ACCOUNT OR ENTER A PASS-
WORD OR TO BE COVERED UNDER AN INSURANCE POLICY ISSUED BY THE CORPO-
RATION; AND
(2) AN INDIVIDUAL CAN EASILY DISCERN WHICH FORMULARY DRUG LIST APPLIES
TO WHICH PLAN, IF A CORPORATION OFFERS MORE THAN ONE PLAN.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to
policies issued, renewed, modified or amended on or after such date.
SUBPART D
Section 1. Subsection (b-3) of section 4900 of the insurance law is
relettered subsection (b-4) and a new subsection (b-3) is added to read
as follows:
(B-3) "CHRONIC HEALTH CONDITION" MEANS A CONDITION THAT IS EXPECTED TO
LAST FOR AT LEAST ONE YEAR AND REQUIRES ONGOING TREATMENT TO EFFECTIVELY
MANAGE THE CONDITION OR PREVENT AN ADVERSE HEALTH EVENT.
§ 2. Subsection (f) of section 4905 of the insurance law, as added by
chapter 705 of the laws of 1996, is amended to read as follows:
(f) Utilization review shall not be conducted more frequently than is
reasonably required to assess whether the health care services under
review are medically necessary PROVIDED, HOWEVER, THAT UTILIZATION
REVIEW SHALL NOT BE CONDUCTED MORE THAN ONCE PER YEAR FOR AN OUTPATIENT
COURSE OF TREATMENT FOR A CHRONIC HEALTH CONDITION STARTING FROM THE
DATE OF A PRE-AUTHORIZATION APPROVAL FOR THE COURSE OF TREATMENT UNLESS
THE INSURED'S ATTENDING PROVIDER RECOMMENDS A CHANGE TO THE COURSE OF
TREATMENT, THEN UTILIZATION REVIEW MAY BE CONDUCTED FOR THE NEW COURSE
OF TREATMENT. ANY NEW TREATMENT, TESTING OR PROCEDURES RELATED TO THE
SPECIFIC MEDICAL PROBLEM, CONDITION, OR ILLNESS BEING MANAGED BUT NOT
ALREADY INCLUDED IN THE APPROVED COURSE OF TREATMENT MAY BE SUBJECT TO A
SEPARATE PRE-AUTHORIZATION.
S. 9008--C 77 A. 10008--C
§ 3. Subdivision 2-c of section 4900 of the public health law is
renumbered subdivision 2-d and a new subdivision 2-c is added to read as
follows:
(2-C) "CHRONIC HEALTH CONDITION" MEANS A CONDITION THAT IS EXPECTED TO
LAST FOR AT LEAST ONE YEAR AND REQUIRES ONGOING TREATMENT TO EFFECTIVELY
MANAGE THE CONDITION OR PREVENT AN ADVERSE HEALTH EVENT.
§ 4. Subdivision 6 of section 4905 of the public health law, as added
by chapter 705 of the laws of 1996, is amended to read as follows:
6. Utilization review shall not be conducted more frequently than is
reasonably required to assess whether the health care services under
review are medically necessary PROVIDED, HOWEVER, THAT UTILIZATION
REVIEW SHALL NOT BE CONDUCTED MORE THAN ONCE PER YEAR FOR AN OUTPATIENT
COURSE OF TREATMENT FOR A CHRONIC HEALTH CONDITION STARTING FROM THE
DATE OF A PRE-AUTHORIZATION APPROVAL FOR THE COURSE OF TREATMENT UNLESS
THE ENROLLEE'S ATTENDING PROVIDER RECOMMENDS A CHANGE TO THE COURSE OF
TREATMENT, THEN UTILIZATION REVIEW MAY BE CONDUCTED FOR THE NEW COURSE
OF TREATMENT. ANY NEW TREATMENT, TESTING OR PROCEDURES RELATED TO THE
SPECIFIC MEDICAL PROBLEM, CONDITION, OR ILLNESS BEING MANAGED BUT NOT
ALREADY INCLUDED IN THE APPROVED COURSE OF TREATMENT MAY BE SUBJECT TO A
SEPARATE PRE-AUTHORIZATION.
§ 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to
policies issued, renewed, modified, or amended on or after such date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through D of this act shall
be as specifically set forth in the last section of such Subparts.
PART II
Intentionally Omitted
PART JJ
Intentionally Omitted
PART KK
Section 1. Section 2329 of the insurance law, as amended by chapter
182 of the laws of 2023, is amended to read as follows:
§ 2329. Motor vehicle insurance rates; excess profits. [In accordance
with regulations prescribed by the superintendent, each] (A) EACH insur-
er issuing policies that are subject to article fifty-one of this chap-
ter, including policies of motor vehicle personal injury liability
insurance or policies of motor vehicle property damage liability insur-
ance or insurance for loss or damage to a motor vehicle, shall establish
S. 9008--C 78 A. 10008--C
a fair, practicable, and nondiscriminatory plan for [refunding or other-
wise] crediting to those purchasing such policies their share of the
insurer's excess profit, if any, on such policies. An excess profit
shall be [a profit beyond a percentage rate of return on net worth
attributable to such policies, computed in accordance with the regu-
lation required by section two thousand three hundred twenty-three of
this article, and determined by the superintendent to be so far above a
reasonable average profit as to amount to an excess profit, taking into
consideration the fact that losses or profits below a reasonable average
profit will not be recouped from such policyholders] AN UNDERWRITING
GAIN FOR THE THREE MOST RECENT CALENDAR YEARS COMBINED WHICH IS GREATER
THAN THE ANTICIPATED UNDERWRITING PROFIT PLUS FIVE PERCENT OF EARNED
PREMIUMS FOR THOSE CALENDAR YEARS. Each plan shall apply to policy
periods for the periods January first, nineteen hundred seventy-four
through August second, two thousand one, and the effective date of the
property/casualty insurance availability act through June thirtieth, two
thousand [twenty-six] TWENTY-NINE. [In prescribing such regulations the]
THE superintendent may [limit the duration of such plans], THROUGH DULY
PROMULGATED REGULATIONS, waive any requirement for [refund or] credit
that the superintendent determines to be de minimis or impracticable,
adopt forms of returns that shall be made to the superintendent in order
to establish the amount of any [refund or] credit due, establish periods
and times for the determination and distribution of [refunds and] cred-
its, and shall provide that insurers receive appropriate credit against
any [refunds or] credits required by any such plan for policyholder
dividends and for return premiums that may be due under rate credit or
retrospective rating plans based on experience.
(B) IF AN INSURER SUBJECT TO THIS SECTION DISTRIBUTES A CREDIT PURSU-
ANT TO THIS SECTION DUE TO THE REFORMS ENACTED IN THE STATE FISCAL YEAR
TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN BUDGET, THE INSURER
SHALL PROVIDE NOTICE TO POLICYHOLDERS OF THIS CREDIT AND INDICATE THAT
THE CREDIT WAS DUE TO THE REFORMS ENACTED IN THE STATE FISCAL YEAR TWO
THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN BUDGET. THIS NOTIFICATION
SHALL BE MADE AT THE TIME THE CREDIT IS DISTRIBUTED.
(C) AS USED HEREIN WITH RESPECT TO ANY THREE-YEAR PERIOD, "ANTICIPATED
UNDERWRITING PROFIT" MEANS THE SUM OF THE DOLLAR AMOUNTS OBTAINED BY
MULTIPLYING, FOR EACH RATE FILING OF THE INSURER IN EFFECT DURING SUCH
PERIOD, THE EARNED PREMIUMS APPLICABLE TO SUCH RATE FILING DURING SUCH
PERIOD BY THE PERCENTAGE FACTOR INCLUDED IN SUCH RATE FILING FOR PROFIT
AND CONTINGENCIES. SEPARATE CALCULATIONS NEED NOT BE MADE FOR CONSEC-
UTIVE RATE FILINGS CONTAINING THE SAME PERCENTAGE FACTOR FOR PROFITS AND
CONTINGENCIES. UNDERWRITING GAIN OR LOSS FOR EACH CALENDAR YEAR SHALL BE
COMPUTED AS FOLLOWS: THE SUM OF THE INCURRED LOSSES AND LOSS ADJUSTMENT
EXPENSES AS OF MARCH THIRTY-FIRST OF THE FOLLOWING YEAR, DEVELOPED TO AN
ULTIMATE BASIS, PLUS THE ADMINISTRATIVE AND SELLING EXPENSES INCURRED IN
THE CALENDAR YEAR, PLUS POLICYHOLDER DIVIDENDS APPLICABLE TO THE CALEN-
DAR YEAR, WILL BE SUBTRACTED FROM THE CALENDAR YEAR EARNED PREMIUM TO
DETERMINE THE UNDERWRITING GAIN OR LOSS.
(D) ON OR BEFORE MARCH THIRTY-FIRST OF EACH YEAR, AN INSURER SUBJECT
TO THIS SECTION SHALL SUBMIT A REPORT TO THE SUPERINTENDENT, IN A FORMAT
SPECIFIED BY THE SUPERINTENDENT, DEMONSTRATING WHETHER THE INSURER REAL-
IZED AN EXCESS PROFIT FOR THE THREE MOST RECENT CALENDAR YEARS COMBINED.
SUCH REPORT SHALL INCLUDE ALL RELEVANT INFORMATION REQUIRED TO CALCULATE
UNDERWRITING GAIN AND LOSS AND DETERMINE WHETHER AN EXCESS PROFIT THRES-
HOLD HAS BEEN REALIZED. IF AN INSURER REALIZED AN EXCESS PROFIT, THEN
THE INSURER SHALL NOTIFY THE SUPERINTENDENT WHEN THE INSURER HAS
S. 9008--C 79 A. 10008--C
COMPLETED MAKING ANY CREDITS REQUIRED BY THIS SECTION. IF AN INSURER HAS
REALIZED AN EXCESS PROFIT, THE SUPERINTENDENT SHALL PROVIDE NOTICE TO
THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
CHAIR OF THE ASSEMBLY INSURANCE COMMITTEE, THE CHAIR OF THE SENATE
INSURANCE COMMITTEE, AND THE GOVERNOR.
(E)(1) EACH INSURER SUBJECT TO THIS SECTION SHALL, BY JULY FIRST, TWO
THOUSAND TWENTY-SEVEN, AND ANNUALLY THEREAFTER, SUBMIT A REPORT TO THE
SUPERINTENDENT THAT:
(A) IDENTIFIES AND QUANTIFIES, IN A MANNER PRESCRIBED BY THE SUPER-
INTENDENT, THE ESTIMATED IMPACT ON LOSSES, EXPENSES, AND PREMIUMS
RESULTING FROM STATUTORY OR REGULATORY REFORMS ENACTED IN OR THE RESULT
OF THE STATE FISCAL YEAR TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-
SEVEN BUDGET; AND
(B) REFLECTS SUCH ESTIMATED IMPACT IN THE INSURER'S PROPOSED RATES,
RATING PLANS, AND RATING RULES.
(2) IN REVIEWING ANY RATE FILING SUBMITTED AFTER ENACTMENT OF THE
STATE FISCAL YEAR TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN
BUDGET, THE SUPERINTENDENT SHALL CONSIDER THE ESTIMATED IMPACT OF THE
REFORMS DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION AND SHALL NOT
APPROVE ANY RATE THAT, AFTER SUCH CONSIDERATION, FAILS TO MEET THE STAN-
DARDS SET FORTH IN SECTION TWENTY-THREE HUNDRED THREE OF THIS ARTICLE.
(3) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-NINE, THE
SUPERINTENDENT SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
ASSEMBLY INSURANCE COMMITTEE, AND THE CHAIR OF THE SENATE INSURANCE
COMMITTEE THAT:
(A) SUMMARIZES THE ESTIMATED AGGREGATE IMPACT OF THE REFORMS DESCRIBED
IN PARAGRAPH ONE OF THIS SUBSECTION ON INSURER LOSSES, EXPENSES, AND
PREMIUMS; AND
(B) EVALUATES THE EXTENT TO WHICH SUCH SAVINGS HAVE BEEN REFLECTED IN
APPROVED RATES AND REALIZED BY POLICYHOLDERS.
(4) THE SUPERINTENDENT MAY PROMULGATE REGULATIONS OR GUIDANCE NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS SUBSECTION.
§ 2. This act shall take effect immediately.
PART LL
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part S of chapter 58 of the laws of 2025, is
amended to read as follows:
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2026] 2027 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
§ 2. This act shall take effect immediately.
PART MM
Intentionally Omitted
PART NN
S. 9008--C 80 A. 10008--C
Section 1. Short title. This act shall be known and may be cited as
the "Long Island MacArthur Airport terminal and rail integration project
act".
§ 2. For the purposes of this act, the following terms shall have the
following meanings:
1. "Airport" shall mean the Long Island MacArthur Airport owned by and
located in the town.
2. "Developer lessee" shall mean, in conformity with the requirements
of this act, a private entity, which may be a joint venture or other
legal entity, acting as a lessee, concessionaire, and/or licensee with
respect to the real property and any improvements thereon on which it
may undertake the project.
3. "Lease and development agreement" shall mean an agreement, includ-
ing a lease, concession, license, and/or sub-lease of real property and
any improvements thereon, made between the town and a developer lessee
pursuant to subdivision 5 of section 352 of the general municipal law,
for completion of the Long Island MacArthur Airport terminal and rail
integration project.
4. "Long Island MacArthur Airport terminal and rail integration
project" or "project" shall mean, in conformity with the requirements of
this act, any and all phases of planning, development, financing,
design, demolition, construction, expansion, improvements, operation,
maintenance, and/or repair, which are undertaken, in whole or in part,
under a lease, concession, and/or license for the improvement of the
airport through development of a north passenger terminal, and any
necessary or desirable facilities or improvements for such terminal and
associated aviation or non-aviation purposes, including an intermodal
interconnection to the Long Island Rail Road Ronkonkoma station.
5. "Private design-build contract" shall mean, in conformity with the
requirements of this act, a contract for the design and construction of
the project between a developer lessee and a single contractor entity,
which may be a team comprised of separate entities.
6. "Project labor agreement" shall mean a pre-hire collective bargain-
ing agreement between a contractor and a bona fide building and
construction trade labor organization establishing the labor organiza-
tion as the collective bargaining representative for all persons who
will perform work on a project, and which provides that only contractors
and subcontractors who sign a pre-negotiated agreement with the labor
organization can perform project work.
7. "Town" shall mean the town of Islip in the county of Suffolk.
§ 3. Notwithstanding sections 103 and 350 of the general municipal
law, section 222 of the town law, or the provisions of any other law to
the contrary, in conformity with the requirements of this act, the town
may under the terms of a lease and development agreement permit a devel-
oper lessee, within the scope of its lease, concession, and/or license
rights, to undertake the project, whether utilizing the design-bid-
build, design-build, or other delivery method otherwise permitted by the
law, without such lease and development agreement, or any resulting
private design-build contract or other contracts for design or
construction of the project entered into, directly or indirectly, by a
developer lessee, being deemed to be a contract for public work, includ-
ing for purposes of section 103 of the general municipal law or other-
wise requiring procurement and award separate and apart from the
procurement and award of any lease and development agreement.
§ 4. A lease and development agreement entered into pursuant to this
act shall:
S. 9008--C 81 A. 10008--C
1. be awarded by the town with the approval of the town board pursuant
to this act and subdivision 5 of section 352 of the general municipal
law to a responsive and responsible entity that is otherwise selected as
developer lessee in accordance with law; and
2. require performance of a project labor agreement consistent with
the provisions of section 222 of the labor law in connection with any
resulting private design-build contract.
§ 4-a. For purposes of this act, an award of a lease and development
agreement to a responsive and responsible developer lessee shall be to
an entity that is the lowest responsible bidder, or an entity which has
been determined to have submitted the proposal that provides the best
value to the town, which for purposes of this act shall mean the basis
for awarding contracts for services and leases to a proposer that opti-
mizes quality, cost and efficiency, price and performance criteria,
which may include, but is not limited to:
1. The quality of the entity's performance on previous projects;
2. The timeliness of the entity's performance on previous projects;
3. The level of customer satisfaction with the entity's performance on
previous projects;
4. The entity's record of performing previous projects on budget and
ability to minimize cost overruns;
5. The entity's ability to limit change orders;
6. The entity's ability to prepare appropriate project plans;
7. The entity's technical capacities;
8. The individual qualifications of the entity's key personnel;
9. The entity's ability to assess and manage risk and minimize risk
impact;
10. The entity's financial capability;
11. The entity's ability to comply with applicable requirements,
including the provisions of articles 145, 147 and 148 of the education
law;
12. The entity's past record of compliance with federal, state, and
local laws, rules, licensing requirements, where applicable, and execu-
tive orders, including but not limited to compliance with the labor law
and other applicable labor and prevailing wage laws, article 15-A of the
executive law, and any other applicable laws concerning minority- and
women-owned business enterprise participation; and
13. The entity's record of complying with existing labor standards,
maintaining harmonious labor relations, and protecting the health and
safety of workers and payment of wages above any locally-defined living
wage.
§ 5. Nothing in this act shall be construed to prohibit the town from
negotiating the terms and conditions of a lease and development agree-
ment.
§ 6. Neither any lease and development agreement, nor any private
design-build contract or other contracts for design or construction of
the project entered into, directly or indirectly, by a developer lessee,
in each case pursuant to this act shall be construed to be a violation
of section 6512 of the education law.
§ 6-a. Any contract entered into pursuant to this act shall include a
clause requiring that any professional services regulated by articles
145, 147, and 148 of the education law shall be performed and stamped
and sealed, where appropriate, by a professional licensed in accordance
with the appropriate articles of the education law, and, where applica-
ble, the requirements of the National Environmental Policy Act.
S. 9008--C 82 A. 10008--C
§ 7. Nothing in this act shall be construed to exempt a project under-
taken by the town pursuant to this act from the requirements of article
8 of the environmental conservation law.
§ 7-a. Each contract entered into by an authorized entity pursuant to
this act shall comply with any applicable legal requirements regarding
minority- and women-owned business enterprises, and, for projects or
public works receiving federal aid, applicable federal requirements for
disadvantaged business enterprises or minority- and women-owned business
enterprises.
§ 8. Nothing contained in this act shall limit the right or obligation
of the town to comply with the provisions of any existing contract,
including any existing contract with or for the benefit of the holders
of the obligations of the town, or to award contracts as otherwise
provided by law.
§ 8-a. 1. Notwithstanding any provision of law to the contrary, all
rights or benefits, including terms and conditions of employment, and
protection of civil service and collective bargaining status of all
employees of the town solely in connection with work on the project
directly undertaken by the town pursuant to this act, shall be preserved
and protected.
2. Nothing in this act shall result in the: (a) non-consensual
displacement of any currently employed town worker or loss of position,
including partial displacement such as a reduction in the hours of non-
overtime work, wages, or employment benefits, or result in the impair-
ment of existing collective bargaining agreements, (b) transfer of
exsiting duties and functions related to maintenance and operations
currently performed exclusively by existing employees of the town within
town operated and maintained facilities to a contractor, or (c) transfer
of future duties and functions ordinarily performed exclusively by
employees of the town within town operated and maintained facilities to
the contracting entity.
3. Employees of the authorized entity using a private design build
contract serving in positions in newly created titles shall be assigned
to the appropriate bargaining unit. Nothing contained in this act shall
be construed to affect (a) the existing rights of employees of such
entities pursuant to an existing collective bargaining agreement, (b)
the existing representational relationships among employee organizations
representing employees of such entities, or (c) the bargaining relation-
ships between such entities and such employee organizations.
§ 9. This act shall take effect immediately; provided, however that if
the town has not entered into a lease and development agreement as
provided under this act on or before 6 years after such date, this act
shall expire and be deemed repealed 6 years after such effective date;
and provided, further, that, the town of Islip, in the county of
Suffolk, shall notify the legislative bill drafting commission upon the
occurrence of such town entering into a lease and development agreement
as provided under this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law.
PART OO
Section 1. Section 4 of part WW of chapter 56 of the laws of 2022
amending the public officers law relating to permitting videoconferenc-
S. 9008--C 83 A. 10008--C
ing and remote participation in public meetings under certain circum-
stances, as amended by section 1 of part KK of chapter 58 of the laws of
2024, is amended to read as follows:
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed July [1, 2026] 15, 2028.
§ 2. This act shall take effect immediately.
PART PP
Section 1. For purposes of this act, "major electric generating facil-
ity" shall have the same meaning as defined in subdivision 2 of section
160 of the public service law.
§ 2. Any major electric generating facility that provides emergency
back-up generation for manufacturing facilities that produce semiconduc-
tors to ensure continuity of manufacturing and fabrication operations
following disruptions of electric service for limited periods of time
shall be exempt from the requirements of article 10 of the public
service law, provided, that such manufacturing facility be Green CHIPS
projects as defined in section 352 of the economic development law and
have been awarded Green CHIPS project excelsior jobs program tax cred-
its, as defined in section 355 of the economic development law, between
August 12, 2022 and December 31, 2026, and provided, further, that such
manufacturing facility shall have received all necessary permits and
authorizations related to air emissions and been the subject of environ-
mental review pursuant to article 8 of the environmental conservation
law.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2030.
PART QQ
Section 1. Legislative findings. 1. Anti-religious harassment has a
pernicious effect on the health, safety, and well-being of New Yorkers.
Verbal harassment can escalate into physical violence if unchecked. The
legislature agrees with the Secretary General of the United Nations that
"addressing hate speech does not mean limiting or prohibiting freedom of
speech. It means keeping hate speech from escalating into more, some-
thing more dangerous, particularly incitement to discrimination, hostil-
ity and violence, which is prohibited under international law".
2. Anti-religious harassment has been on the rise in New York and
around the nation.
(a) The FBI's 2024 Hate Crimes Report showed an increase in hate
crimes from 2023, making it the second worst year on record. According
to the report, the top three targets of anti-religious hate crimes are
the Jewish, Muslim, and Sikh communities.
(b) The Anti-Defamation League has tracked a marked surge in harass-
ment of Jews in New York. The ADL reported 240 incidents of harassment
in 2022, 783 incidents in 2023, and 912 in 2024. In 2024, the ADL
reported a 52% increase of anti-Semitic assaults in New York over 2023.
New York has the most incidents of anti-Semitic assaults and second
highest rate of anti-Semitic harassment in the nation. In 2024, the ADL
reported 255 anti-Semitic incidents at Jewish institutions or schools.
(c) According to the Division of Criminal Justice Services, anti-I-
slamic hate crimes have increased by 525% between 2020 and 2024. The
Council on American-Islamic relations published a paper entitled "Feel-
ing the Hate: Bias and Hate Crimes Experienced by Muslim New Yorkers"
S. 9008--C 84 A. 10008--C
in September 2022 that revealed 61% of Muslims have experienced verbal
harassment.
3. Recent anti-religious harassment incidents have been well-publi-
cized and include (a) a large, organized crowd on January 8, 2026,
chanting in support of the terrorist organization that coordinated the
largest single-day slaughter of Jews since the Holocaust across the
street from Young Israel of Kew Gardens Hills; (b) another large, organ-
ized crowd shouting anti-Semitic chants at people entering the Park East
Synagogue in Manhattan on November 21, 2025, with the express intent of
intimidating them from entering; (c) a September 14, 2025, protest
targeting people entering the Young Israel of New Rochelle; (d) a man
shouting anti-Islamic slurs outside of the Masjid Nur-Al Islam mosque in
Brooklyn on February 18, 2025; (e) an intruder disrupting services at
the Antioch Baptist Church on Martin Luther King Day of 2026; (f) a man
harassing worshippers outside the Islamic Center of Melville on February
21, 2024.
4. Religious harassment at places of worship also occurs without
publicity. The ADL documented 88 incidents of religious harassment at
synagogues throughout New York state in 2025. Thirty of these anti-Semi-
tic incidents happened at synagogues outside of New York city. Some of
the less publicized incidents included a person shouting obscenities and
challenging a family to a fight as they entered a synagogue in Queens, a
man shouting "murderers" at congregants leaving Rosh Hashanah services
in New Paltz, and multiple individuals performing Nazi salutes outside
of synagogues in Westchester county. In Suffolk county, the road and
signage outside a Hindu temple were defaced in what appeared to be an
anti-Hindu incident. On March 13 and 27, 2026, the Jewish Community
Center in Dewitt, New York was defaced with anti-Semitic graffiti.
§ 2. Section 240.00 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
8. "PLACE OF RELIGIOUS WORSHIP" MEANS ANY BUILDING OR STRUCTURE THAT A
REASONABLE PERSON WOULD KNOW THAT RELIGIOUS ADHERENTS COLLECTIVELY
RECOGNIZE AS A PLACE TO REGULARLY GATHER FOR OR HOLD RELIGIOUS SERVICES,
OBSERVANCE, PRAYER, ASSEMBLY, EDUCATION, INSTRUCTION, OR DEVOTIONAL
PRACTICE, INCLUDING COMMUNITY CENTERS, AND SHALL INCLUDE ITS ENTRANCE,
ENTRYWAY, EXIT, PARKING LOT, PARKING LOT ENTRANCE, DRIVEWAY, DRIVEWAY
ENTRANCE, OR SIDEWALK THAT TOUCHES SUCH PLACES.
§ 3. The penal law is amended by adding a new section 240.69 to read
as follows:
§ 240.69 CRIMINAL INTERFERENCE WITH ACCESS TO A PLACE OF RELIGIOUS
WORSHIP.
1. A PERSON IS GUILTY OF CRIMINAL INTERFERENCE WITH ACCESS TO A PLACE
OF RELIGIOUS WORSHIP WHEN SUCH PERSON, WITH RESPECT TO AN INDIVIDUAL WHO
WAS OR IS SEEKING TO ENTER INTO OR EXIT FROM A PLACE OF RELIGIOUS
WORSHIP:
(A) KNOWINGLY OR INTENTIONALLY OBSTRUCTS OR OTHERWISE INTERFERES WITH
THE ENTRYWAY INTO OR EXIT FROM A PLACE OF RELIGIOUS WORSHIP, FOR THE
PURPOSE OF RENDERING PASSAGE BY THAT INDIVIDUAL UNREASONABLY DIFFICULT
OR HAZARDOUS; OR
(B) WITHIN FIFTY FEET FROM A PLACE OF RELIGIOUS WORSHIP, KNOWINGLY OR
INTENTIONALLY ENGAGES IN A COURSE OF CONDUCT THAT PLACES THAT INDIVIDUAL
IN REASONABLE FEAR FOR THEIR SAFETY.
2. FOR PURPOSES OF THIS SECTION, THE TERM "SECURITY PERIMETER" SHALL
MEAN AN AREA THAT IS ESTABLISHED BY A LAW ENFORCEMENT AGENCY IN RESPONSE
TO, OR IN ANTICIPATION OF, A DEMONSTRATION OUTSIDE OF A PLACE OF RELI-
GIOUS WORSHIP, WITHIN WHICH DEMONSTRATION ACTIVITY IS NOT ALLOWED.
S. 9008--C 85 A. 10008--C
3. NOTHING IN THIS SECTION SHALL LIMIT THE AUTHORITY OR DISCRETION OF
LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF PUBLIC SAFETY TO ESTABLISH
SECURITY PERIMETERS, INCLUDING SECURITY PERIMETERS THAT EXTEND BEYOND
FIFTY FEET OF DISTANCE FROM A PLACE OF RELIGIOUS WORSHIP.
CRIMINAL INTERFERENCE WITH ACCESS TO A PLACE OF RELIGIOUS WORSHIP IS A
CLASS B MISDEMEANOR.
§ 4. Severability clause. If any clause, sentence, paragraph, section
or subpart of this act shall be adjudged by any court of competent
jurisdiction to be invalid and after exhaustion of all further judicial
review, the judgment shall not affect, impair, or invalidate the remain-
der thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or subpart of this act directly involved in
the controversy in which the judgment shall have been rendered.
§ 5. This act shall take effect immediately.
PART RR
Section 1. Section 12 of part F of chapter 58 of the laws of 2013
amending the environmental conservation law and the state finance law
relating to the "Cleaner, Greener NY Act of 2013", as amended by section
1 of part CC of chapter 58 of the laws of 2021, is amended to read as
follows:
§ 12. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013; provided,
however, that the amendments to subdivision 5-a of section 27-1015 of
the environmental conservation law, as added by section nine of this
act, shall expire and be deemed repealed on April 1, [2026] 2031.
§ 2. This act shall take effect immediately.
PART SS
Section 1. Short title. This act shall be known and may be cited as
the "accelerate solar for affordable power (ASAP) act".
§ 2. Legislative findings and intent. The legislature finds that
increasing distributed solar energy capacity, reducing interconnection
delays, and lowering interconnection costs are essential for achieving
the state's affordability, economic development, and environmental
goals.
§ 3. The public service law is amended by adding a new section 66-aa
to read as follows:
§ 66-AA. INTERCONNECTION REFORMS. 1. (A) WITHIN NINETY DAYS OF THE
EFFECTIVE DATE OF THIS SECTION THE COMMISSION SHALL COMMENCE A PROCEED-
ING REQUIRING EVERY ELECTRIC CORPORATION TO FILE A REPORT WITH THE
COMMISSION WHICH SHALL INCLUDE BROKEN DOWN COSTS OF COMPLETED UPGRADES
TO THE ELECTRIC DISTRIBUTION SYSTEM REQUIRED IN ORDER TO INTERCONNECT
NEW DISTRIBUTED ENERGY RESOURCES IN THE PRIOR CALENDAR YEAR CATEGORIZED
BY UPGRADE TYPE AND EQUIPMENT TYPE ANNUALLY BY MARCH THIRTY-FIRST OF
EACH YEAR. SUCH REPORTS SHALL BE ACCOMPANIED BY SUFFICIENTLY DETAILED
SUPPORTING DOCUMENTATION AS DETERMINED BY THE COMMISSION. COSTS INCLUDED
IN SUCH REPORTS SHALL BE INTERGRATED INTO ELECTRIC CORPORATIONS' EFFORTS
TO DEVELOP DISTRIBUTION UPGRADE COST ESTIMATES.
(B) ELECTRIC CORPORATIONS SHALL TRACK ACTUAL COSTS OF ALL DISTRIBUTION
UPGRADES THEY PERFORM AND DISCLOSE SUCH COSTS TO THE DEPARTMENT AND TO
THE DISTRIBUTED ENERGY RESOURCE COMPANY THAT PAID FOR THE UPGRADE.
2. THE COMMISSION SHALL CONSIDER PROPOSALS TO CREATE GREATER COST-CER-
TAINTY FOR DISTRIBUTION UPGRADES IN ORDER TO LIMIT THE RISK OF COST
S. 9008--C 86 A. 10008--C
OVERRUNS, AND THE COMMISSION SHALL COMMENCE A PROCEEDING TO DETERMINE
WHETHER ANY SUCH PROPOSAL WOULD INCREASE COST CERTAINTY FOR DISTRIBUTION
UPGRADES, WOULD NOT NEGATIVELY IMPACT THE OPERATION OF THE DISTRIBUTION
SYSTEM, AND WOULD NOT INCREASE COSTS TO RATEPAYERS. IF THE COMMISSION SO
DETERMINES, AND IN RESPONSE TO EVIDENCE OF COST OVERRUNS, IT SHALL ISSUE
AN ORDER WITH RESPECT THERETO TO INCREASE DISTRIBUTION UPGRADE COST-CER-
TAINTY.
§ 4. Subdivision 1 of section 66-j of the public service law is
amended by adding a new paragraph (j) to read as follows:
(J) "FLEXIBLE INTERCONNECTION" MEANS THE USE OF SMART-GRID TECHNOLOGY
TO MONITOR AND ACTIVELY MANAGE DISTRIBUTED ENERGY RESOURCES.
§ 5. Section 66-j of the public service law is amended by adding two
new subdivisions 2-a and 6-a to read as follows:
2-A. FLEXIBLE INTERCONNECTION. (A) THE COMMISSION SHALL DIRECT ELEC-
TRIC CORPORATIONS TO DEVELOP PROPOSALS FOR A FLEXIBLE INTERCONNECTION
PROGRAM TO BE ESTABLISHED IN THE STATE. SUCH PROPOSALS SHALL DEMON-
STRATE HOW TO IMPLEMENT FLEXIBLE INTERCONNECTION WITHOUT INCREASING
COSTS TO RATEPAYERS OF DISTRIBUTED RENEWABLE ENERGY RESOURCES OR
INCREASING THE COST OF MAINTAINING AND OPERATING THE DISTRIBUTION
SYSTEM. THE COMMISSION SHALL SOLICIT PUBLIC COMMENTS ON THE ELECTRIC
CORPORATION PROPOSALS.
(B) UPON REVIEW OF THE PROPOSALS AND COMMENTS RECEIVED, IF THE COMMIS-
SION DETERMINES THERE IS A VIABLE PROPOSAL THAT WOULD NOT MEANINGFULLY
INCREASE COSTS TO RATEPAYERS OR THE COST OF MAINTAINING AND OPERATING
THE DISTRIBUTION SYSTEM, THE COMMISSION SHALL COMMENCE A PROCEEDING TO
DEVELOP SUCH A PROPOSAL AND ESTABLISH GUIDELINES AND TIMELINES FOR THE
IMPLEMENTATION OF FLEXIBLE INTERCONNECTION PROCEDURES.
6-A. DISTRIBUTED ENERGY RESOURCE CAPACITY EXPANSION. THE COMMISSION
SHALL CONSIDER OPPORTUNITIES FOR PROACTIVE DISTRIBUTION UPGRADES THAT
CREATE DISTRIBUTED ENERGY RESOURCE HOSTING CAPACITY AS PART OF ITS ENER-
GY SYSTEM PLANNING. THE COMMISSION SHALL TAKE INTO ACCOUNT AFFORDABILI-
TY, GRID RELIABILITY, CUSTOMER SERVICE GOALS, AND COSTS.
§ 6. This act shall take effect immediately.
PART TT
Section 1. For purposes of this act, the following terms shall have
the following meanings:
(a) "Utility corporation" shall mean any "gas corporation", "electric
corporation", or "combination gas and electric corporation", as such
terms are defined in section 2 of the public service law and shall not
include municipalities.
(b) "Electric plant" shall have the same meaning as such term is
defined in subdivision 12 of section 2 of the public service law and
shall not include municipalities.
§ 2. Temporary blue ribbon commission on residential affordability
through energy savings. (a) There is hereby established a temporary
commission to be known as the blue ribbon commission on residential
affordability through energy savings, or RATES commission, to study the
causes and origins of rising utility rates and to recommend any actions
or reforms to reduce such rates.
(b) The blue ribbon commission shall be composed of nine appointed
voting members, who shall be appointed within 90 days after the effec-
tive date of this act, as well as the chairperson of the public service
commission, or their designee, and the president of the New York state
S. 9008--C 87 A. 10008--C
energy development authority, or their designee. Voting members shall
include:
(i) five non-agency members to be appointed by the governor;
(ii) two members to be appointed by the temporary president of the
senate; and
(iii) two members to be appointed by the speaker of the assembly.
(c) (i) The governor shall appoint a voting commission member to serve
as the commission chairperson.
(ii) Each member of the blue ribbon commission shall have one vote,
and a majority of the total number of voting members which the blue
ribbon commission would have were there no vacancies, shall constitute a
quorum and shall be required for the blue ribbon commission to conduct
business; provided, however, that no business shall be conducted prior
to the initial appointment of all voting members;
(iii) Any vacancies shall be filled in the manner that provided for
the initial appointment;
(iv) All meetings of the blue ribbon commission shall be conducted in
accordance with the provisions of article seven of the public officers
law; and
(v) The blue ribbon commission shall meet at least every month, but
may meet as frequently as its business may require, and shall hold at
least one public hearing prior to the adoption of the report required by
paragraph (f) of this section.
(d) (i) Each member of the blue ribbon commission shall have profes-
sional or academic expertise in one or more of the following areas:
utility regulation and oversight; ratepayer or consumer advocacy; utili-
ty management, administration, and compliance; energy or public utility
law; commodity market and energy market regulation; reliability and
adequacy of bulk power transmission systems; federally designated bulk
transmission operators; and macro economics. Any person employed by a
utility corporation, or employed by a corporation that owns or operates
an electric plant, or any current consultant, advisor, board member, or
any other person similarly affiliated with any such corporation, shall
not be eligible to be appointed to the blue ribbon commission.
(ii) Members shall receive no compensation for their services but
shall be reimbursed for actual and necessary expenses incurred in the
performance of their duties of the commission;
(iii) Notwithstanding the provisions of any general, special, or local
law, ordinance or city charter to the contrary, no member, officer, or
employee of the blue ribbon commission shall be disqualified from hold-
ing any other public office or employment, nor shall they forfeit any
such office or employment by reason of their appointment to the blue
ribbon commission; and
(iv) Members shall not be considered "officers" for the purposes of
sections seventy-three and seventy-four of the public officers law. The
provisions of section seventeen of the public officers law shall apply
to members, officers, and employees of the commission in connection with
any civil action or proceeding in any state or federal court arising out
of any alleged act or omission which occurred or is alleged in the
complaint to have occurred while the member, officer, or employee was
acting within the scope of their public employment or duties pursuant to
the terms of this title. As used in this section the terms "member",
"officer", and "employee" shall include a former member, officer, or
employee, and the estate or judicially appointed personal representative
of the former member, officer, or employee.
S. 9008--C 88 A. 10008--C
(e) The blue ribbon commission may request and shall receive from any
subdivision, department, board, bureau, commission, office, agency, or
other instrumentality of the state or of any political subdivision ther-
eof, including, but not limited to, the department of public service,
the public service commission, and the Long Island power authority, such
facilities, assistance and data as it deems necessary or desirable for
the proper execution of its powers and duties.
(f) No later than twelve months after the effective date of this act,
the blue ribbon commission, shall develop, and after a majority vote of
the blue ribbon commission, which shall include at least one member
appointed by the governor, temporary president of the senate, and speak-
er of the assembly, adopt and make public on the department of public
service's website, and deliver to the governor, the temporary president
of the senate, and the speaker of the assembly, a report, which at a
minimum, shall include:
(i) an identification of the causes and origins of rising utility
rates, and the relative impacts of each such cause;
(ii) an examination of the current regulatory model of entities that
deliver electric power, including, but not limited to, utility corpo-
rations and merchant market participants, including:
(1) the regulatory role of the public service commission over the
costs and market prices of electricity generation;
(2) the effects of any existing public service commission orders or
actions, and relevant statutes, on the ability of utility corporations
to construct, own, and operate generating assets;
(iii) an examination of the ratemaking process, which at a minimum
shall include:
(1) embedded cost of service modeling or asset cost distributions, and
its effects on the residential price of electric and gas service,
particularly for low-use customers;
(2) the methodology used to determine a utility corporation's return
on equity, the reasonableness of current commission-approved returns,
divergence between such returns and the returns of capital investments
of similar risk, and ways in which the fiscal impacts of such returns on
ratepayers can be minimized and made more transparent;
(3) an evaluation of the timing and procedures of the ratemaking proc-
ess, including consideration of multi-year rate filings and the treat-
ment of full litigated hearings and negotiated settlements and an evalu-
ation of the processes and incentives for utilities and other parties to
pursue litigated or settled rate proceedings, and any improvements to
each process in furtherance of the public interest;
(4) mechanisms to reduce rate compression and mitigate the adverse
effects of retroactive rate recovery, or other make whole provisions,
after a rate proceeding that has extended beyond the suspension period;
and
(5) an examination of the current treatment of customer arrears, the
implication they have in rates, and opportunities to balance decreasing
the overall amount of arrears while minimizing residential ratepayer
impact;
(iv) an evaluation of the impacts of increased demand on commodity and
delivery costs, and the sufficiency of current and projected electric
supply to meet such increased demands;
(v) an examination of actions being taken in other states and juris-
dictions to lower residential utility rates;
S. 9008--C 89 A. 10008--C
(vi) an examination of the governance structure and powers of other
bulk system operators, including federally designated bulk system opera-
tors, and implications for wholesale electric prices;
(vii) an examination of utility corporation cost management and cost
control practices that could be effectively replicated by other utility
corporations;
(viii) an examination of energy and capacity market design, and an
examination of any strategies employed by actors in these markets that
may undermine market competitiveness and affect rates;
(ix) an assessment of opportunities for the state to subsidize certain
programs, including but not limited to, existing electrification, renew-
able energy, weatherization, and affordability programs and to stream-
line operations for connecting customers to existing renewable energy,
weatherization, and affordability programs through revenues or funds of
the state;
(x) opportunities to reduce costs passed on to ratepayers through the
supply side of their utility bills, including an examination of the
reasonableness of profits resulting from the participation of electric
generating facilities in the federally designated bulk system operator's
markets; and
(xi) recommendations to the governor, legislature and the public
service commission regarding prudent and feasible actions that may be
taken to lower or stabilize utility rates in the state.
(g) The blue ribbon commission shall be deemed dissolved sixty days
after the publication of the report required pursuant to subdivision (f)
of this section.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed twenty-four months after such date.
PART UU
Section 1. Section 235 of the vehicle and traffic law is amended by
adding a new subdivision 1-a to read as follows:
1-A. (A) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL,
SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, IN ANY
COUNTY, CITY, VILLAGE, OR TOWN WHICH HERETOFORE OR HEREAFTER ADOPTS A
LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION PROGRAM IMPOSING
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH THE INSTAL-
LATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS,
IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER, SUCH COUNTY,
CITY, VILLAGE, OR TOWN SHALL ALSO ESTABLISH, BY LOCAL LAW OR ORDINANCE,
AN ADMINISTRATIVE TRIBUNAL TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER WHEN
MEETING A SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN SUBDIVISIONS
TWENTY AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
CHAPTER IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
TO COMPLY WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH THE INSTALLATION
AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN
ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER. SUCH TRIBUNAL AND
THE RULES AND REGULATIONS PERTAINING THERETO SHALL BE CONSTITUTED IN
SUBSTANTIAL CONFORMANCE WITH THE FOLLOWING SECTIONS AND THE APPLICABLE
PROVISIONS OF ARTICLE TWENTY-NINE OF THIS CHAPTER. PROVIDED THAT A
COUNTY, CITY, VILLAGE, OR TOWN SHALL ESTABLISH SUCH TRIBUNAL (I) NO
LATER THAN SEPTEMBER FIRST, TWO THOUSAND TWENTY-SEVEN WHERE SUCH COUNTY,
S. 9008--C 90 A. 10008--C
CITY, VILLAGE, OR TOWN HAS ESTABLISHED AND IMPLEMENTED THE AFOREMEN-
TIONED DEMONSTRATION PROGRAM PRIOR TO THE DATE UPON WHICH THIS SUBDIVI-
SION TAKES EFFECT, AND (II) NO LATER THAN THE DATE UPON WHICH SUCH COUN-
TY, CITY, VILLAGE, OR TOWN ESTABLISHES AND IMPLEMENTS THE AFOREMENTIONED
DEMONSTRATION PROGRAM AFTER THE DATE UPON WHICH THIS SUBDIVISION TAKES
EFFECT.
(B) PROVIDED, HOWEVER, THAT THE PROVISIONS OF PARAGRAPH (A) OF THIS
SUBDIVISION REQUIRING THE ESTABLISHMENT OF AN ADMINISTRATIVE TRIBUNAL
SHALL NOT APPLY TO THE CITY OF NEW YORK WHEREIN VIOLATIONS ARE ADJUDI-
CATED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU, AND SHALL NOT
APPLY TO ANY COUNTY, CITY, VILLAGE, OR TOWN IN WHICH SUCH NOTICES OF
LIABILITY ARE REQUIRED TO BE ADJUDICATED WITHIN A TRAFFIC VIOLATIONS
BUREAU ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SEVENTY OF THE
GENERAL MUNICIPAL LAW, COURT HAVING JURISDICTION, OR PARKING VIOLATIONS
BUREAU PURSUANT TO THE LOCAL LAW OR ORDINANCE IMPOSING SUCH MONETARY
LIABILITY IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER AND
SUCH TRAFFIC VIOLATIONS BUREAU OR PARKING VIOLATIONS BUREAU IS ADJUDI-
CATING SUCH NOTICES OF LIABILITY OR THE CHIEF ADMINISTRATIVE JUDGE OR
THEIR DESIGNEE APPROVES THE PLAN TO ADJUDICATE SUCH NOTICES OF LIABILITY
IN SUCH COURT HAVING JURISDICTION.
§ 2. Subdivision 3 of section 235 of the vehicle and traffic law, as
separately amended by chapters 421, 460 and 773 of the laws of 2021, is
amended to read as follows:
3. Nothing set forth in this article shall A. be construed to author-
ize the imposition of monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with any provision of law, rule
or regulation through the installation and operation of a photo enforce-
ment device or system, except as otherwise explicitly authorized by
article twenty-four, twenty-nine or thirty of this chapter, by section
two thousand nine hundred eighty-five of the public authorities law, or
by sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, nor B. be construed
to grant any municipality the authority to establish by local law, ordi-
nance, order, rule, regulation, resolution or any other means, an admin-
istrative tribunal to hear and determine complaints of traffic infrac-
tions or jurisdiction to adjudicate any liability set forth in
subdivision one of this section EXCEPT FOR THE ADJUDICATION OF LIABILITY
BY A TRAFFIC CAMERA VIOLATIONS BUREAU AS AUTHORIZED PURSUANT TO SUBDIVI-
SION ONE OF SECTION TWO HUNDRED THIRTY-SEVEN-A OF THIS ARTICLE.
§ 3. Subdivision 2 of section 236 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972 and paragraph d of subdivision
2 as amended by chapter 342 of the laws of 1981, is amended and a new
subdivision 1-a is added to read as follows:
1-A. CREATION; TRAFFIC CAMERA VIOLATIONS BUREAU. NOTWITHSTANDING THE
PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, IN ANY COUNTY, CITY,
VILLAGE, OR TOWN AS HEREINBEFORE OR HEREAFTER REQUIRED TO ESTABLISH A
TRIBUNAL PURSUANT TO SUBDIVISION ONE-A OF SECTION TWO HUNDRED THIRTY-
FIVE OF THIS ARTICLE, SUCH TRIBUNAL WHEN CREATED SHALL BE KNOWN AS THE
TRAFFIC CAMERA VIOLATIONS BUREAU AND SHALL HAVE JURISDICTION TO ADJUDI-
CATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR OF THIS CHAPTER WHEN MEETING A SCHOOL BUS MARKED AND
EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION
THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER IMPOSED PURSUANT TO A LOCAL
LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE
FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SCHOOL BUS RED VISUAL
SIGNALS THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO
S. 9008--C 91 A. 10008--C
VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF
THIS CHAPTER.
2. Personnel. a. The head of ANY such bureau ESTABLISHED PURSUANT TO
SUBDIVISIONS ONE AND ONE-A OF THIS SECTION shall be the director, who
shall be appointed by the commissioner. The director may exercise or
delegate any of the functions, powers and duties conferred upon [him]
THE DIRECTOR or the bureau by the commissioner to any qualified officer
or employee of the bureau.
b. The commissioner may appoint such number of deputy directors as
[he] THE COMMISSIONER shall deem necessary, but in no event to exceed
four and may employ such officers and employees as may be required to
perform the work of the bureau, within the amounts available therefor by
appropriation.
c. The commissioner shall appoint supervising hearing examiners not to
exceed six in number and senior hearing examiners, not to exceed six in
number. Every supervising hearing examiner shall have been admitted to
the practice of law in the state for at least seven years and every
senior hearing examiner for at least six years. The duties of each
supervising hearing examiner and senior hearing examiner shall include,
but not be limited to: (1) presiding at hearings for the adjudication of
charges of parking violations AND/OR, AS APPLICABLE, THE LIABILITY OF
OWNERS AS AUTHORIZED PURSUANT TO SECTION TWO HUNDRED THIRTY-SEVEN AND
SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTY-SEVEN-A OF THIS ARTICLE;
(2) the supervision and administration of the work of the bureau; and
(3) membership on the appeals board of the bureau, as herein provided.
d. The commissioner shall appoint hearing examiners who shall preside
at hearings for the adjudication of charges of parking violations
AND/OR, AS APPLICABLE, THE LIABILITY OF OWNERS AS AUTHORIZED PURSUANT TO
SECTION TWO HUNDRED THIRTY-SEVEN AND SUBDIVISION ONE OF SECTION TWO
HUNDRED THIRTY-SEVEN-A OF THIS ARTICLE. Hearing examiners shall be
appointed and shall serve for such number of sessions as may be deter-
mined by the commissioner and shall receive therefor, such remuneration
as may be fixed. Such hearing examiners shall not be considered employ-
ees of the COUNTY, city, VILLAGE, OR TOWN in which the administrative
tribunal has been established. Every hearing examiner shall have been
admitted to the practice of law in this state for a period of at least
five years, except in cities having a population of one million or more
persons where they shall have been admitted to such practice for a peri-
od of at least three years. Hearing examiners shall be appointed from a
list of eligible candidates who have satisfied the standards established
by a duly constituted committee of the bar association of the county in
which the city, VILLAGE, OR TOWN is located, or[,] the association of
the bar of that city.
§ 4. The section heading of section 237 of the vehicle and traffic
law, as added by chapter 715 of the laws of 1972, is amended to read as
follows:
Functions, powers and duties OF PARKING VIOLATIONS BUREAUS.
§ 5. The vehicle and traffic law is amended by adding a new section
237-a to read as follows:
§ 237-A. FUNCTIONS, POWERS AND DUTIES OF TRAFFIC CAMERA VIOLATIONS
BUREAUS. THE TRAFFIC CAMERA VIOLATIONS BUREAU SHALL HAVE THE FOLLOWING
FUNCTIONS, POWERS AND DUTIES:
1. TO HEAR AND DETERMINE THE LIABILITY OF OWNERS FOR VIOLATIONS OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER WHEN MEETING A
SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY AND
TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER
S. 9008--C 92 A. 10008--C
IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY
ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY
WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH THE INSTALLATION AND OPERA-
TION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE
WITH ARTICLE TWENTY-NINE OF THIS CHAPTER;
2. TO PROVIDE FOR PENALTIES IN ACCORDANCE WITH A LOCAL LAW OR ORDI-
NANCE ESTABLISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY
ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY
WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH THE INSTALLATION AND OPERA-
TION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE
WITH ARTICLE TWENTY-NINE OF THIS CHAPTER;
3. TO ADOPT RULES AND REGULATIONS NOT INCONSISTENT WITH ANY APPLICABLE
PROVISION OF LAW TO CARRY OUT THE PURPOSES OF THIS ARTICLE, INCLUDING
BUT NOT LIMITED TO RULES AND REGULATIONS PRESCRIBING THE INTERNAL PROCE-
DURES AND ORGANIZATION OF THE BUREAU, THE MANNER AND TIME OF ENTERING
PLEAS, THE CONDUCT OF HEARINGS, AND THE AMOUNT AND MANNER OF PAYMENT OF
PENALTIES;
4. TO ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF PERSONS TO GIVE
TESTIMONY AT HEARINGS AND TO COMPEL THE PRODUCTION OF RELEVANT BOOKS,
PAPERS AND OTHER THINGS;
5. TO ENTER JUDGMENTS AND ENFORCE THEM, WITHOUT COURT PROCEEDINGS, IN
THE SAME MANNER AS THE ENFORCEMENT OF MONEY JUDGMENTS IN CIVIL ACTIONS
IN ANY COURT OF COMPETENT JURISDICTION OR ANY OTHER PLACE PROVIDED FOR
THE ENTRY OF CIVIL JUDGMENT WITHIN THE STATE OF NEW YORK;
6. TO COMPILE AND MAINTAIN COMPLETE AND ACCURATE RECORDS RELATING TO
ALL NOTICES OF LIABILITY AND DISPOSITIONS AND TO PREPARE COMPLETE AND
ACCURATE TRANSCRIPTS OF ALL HEARINGS CONDUCTED BY THE BUREAU AND TO
FURNISH SUCH TRANSCRIPTS TO THE PERSON ISSUED THE NOTICE OF LIABILITY AT
SAID PERSON'S OWN EXPENSE UPON TIMELY REQUEST, AND UPON SAID PERSON
COMPLYING WITH THE REGULATIONS OF THE BUREAU;
7. TO REMIT TO THE CHIEF FINANCIAL OFFICER OF THE COUNTY, CITY, TOWN,
OR VILLAGE, ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, ALL MONETARY
PENALTIES OR FEES RECEIVED BY THE BUREAU DURING THE PRIOR CALENDAR
MONTH, ALONG WITH A STATEMENT THEREOF, AND, AT THE SAME TIME, TO FILE
DUPLICATE COPIES OF SUCH STATEMENT WITH THE COMPTROLLER; AND
8. TO ANSWER WITHIN A REASONABLE PERIOD OF TIME ALL RELEVANT AND
REASONABLE INQUIRIES MADE BY A PERSON ISSUED A NOTICE OF LIABILITY OR
SUCH PERSON'S ATTORNEY CONCERNING THE NOTICE OF LIABILITY ISSUED TO THAT
PERSON. THE BUREAU MUST ALSO FURNISH WITHIN A REASONABLE PERIOD OF TIME
TO THE PERSON ISSUED A NOTICE OF LIABILITY, ON SUCH PERSON'S REQUEST AND
UPON COMPLYING WITH THE REGULATIONS OF THE BUREAU, A COPY OF THE
ORIGINAL NOTICE OF LIABILITY INCLUDING ALL INFORMATION CONTAINED THERE-
ON. FAILURE BY THE BUREAU TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI-
SION OR ANY PART OF THE PROVISIONS OF THIS SUBDIVISION, WITHIN FORTY-
FIVE DAYS OF SUCH INQUIRY, FORWARDED TO THE BUREAU BY CERTIFIED OR
REGISTERED MAIL, RETURN RECEIPT REQUESTED, WILL RESULT, UPON THE REQUEST
OF THE PERSON ISSUED THE NOTICE OF LIABILITY, IN AN AUTOMATIC DISMISSAL
OF ALL LIABILITY RELATING TO AND ONLY TO THAT NOTICE OF LIABILITY TO
WHICH THE INQUIRY WAS MADE.
§ 6. Subdivisions 1 and 1-a and paragraphs a and e of subdivision 2 of
section 240 of the vehicle and traffic law, subdivisions 1 and 1-a as
amended by section 4 and paragraph a of subdivision 2 as amended by
section 5 of part N of chapter 58 of the laws of 2025 and paragraph e of
subdivision 2 as added by chapter 715 of the laws of 1972, are amended
to read as follows:
S. 9008--C 93 A. 10008--C
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty; or a person alleged to be liable
in accordance with any provisions of law specifically authorizing the
imposition of monetary liability on the owner of a vehicle for failure
of an operator thereof: to comply with traffic-control indications in
violation of subdivision (d) of section eleven hundred eleven of this
chapter through the installation and operation of traffic-control signal
photo violation-monitoring systems, in accordance with article twenty-
four of this chapter; or to comply with certain posted maximum speed
limits in violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this chapter through the installation and oper-
ation of photo speed violation monitoring systems, in accordance with
article thirty of this chapter; or to comply with bus lane restrictions
as defined by article twenty-four of this chapter through the installa-
tion and operation of bus lane photo devices, in accordance with article
twenty-four of this chapter; or to comply with toll collection regu-
lations of certain public authorities through the installation and oper-
ation of photo-monitoring systems, in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty; or to stop
for a school bus displaying a red visual signal in violation of section
eleven hundred seventy-four of this chapter through the installation and
operation of school bus photo violation monitoring systems, in accord-
ance with article twenty-nine of this chapter; or to comply with certain
posted maximum speed limits in violation of subdivision (b), (d), (f) or
(g) of section eleven hundred eighty of this chapter within a highway
construction or maintenance work area through the installation and oper-
ation of photo speed violation monitoring systems, in accordance with
article thirty of this chapter; or to comply with gross vehicle weight
and/or axle weight restrictions in violation of section three hundred
eighty-five of this chapter and the rules of the applicable covered
agency or covered authority as such terms are defined in article ten of
this chapter through the installation and operation of weigh in motion
violation monitoring systems, in accordance with article ten of this
chapter; or to comply with bus operation-related traffic regulations as
defined by article twenty-four of this chapter in violation of the rules
of the department of transportation of the city of New York through the
installation and operation of bus operation-related photo devices, in
accordance with article twenty-four of this chapter, contests such alle-
gation, the PARKING VIOLATIONS bureau OR THE TRAFFIC CAMERA VIOLATIONS
BUREAU, AS APPLICABLE, shall advise such person personally by such form
of first class mail as the director may direct of the date on which such
person must appear to answer the charge at a hearing. The form and
content of such notice of hearing shall be prescribed by the director,
and shall contain a warning to advise the person so pleading or contest-
ing that failure to appear on the date designated, or on any subsequent
adjourned date, shall be deemed an admission of liability, and that a
default judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the PARKING VIOLATIONS bureau OR THE TRAFFIC CAMERA
VIOLATIONS BUREAU, AS APPLICABLE, has been notified that an allegation
of liability in accordance with provisions of law specifically authoriz-
ing the imposition of monetary liability on the owner of a vehicle for
failure of an operator thereof: to comply with traffic-control indi-
cations in violation of subdivision (d) of section eleven hundred eleven
S. 9008--C 94 A. 10008--C
of this chapter through the installation and operation of traffic-con-
trol signal photo violation-monitoring systems, in accordance with arti-
cle twenty-four of this chapter; or to comply with certain posted maxi-
mum speed limits in violation of subdivision (b), (c), (d), (f) or (g)
of section eleven hundred eighty of this chapter through the installa-
tion and operation of photo speed violation monitoring systems, in
accordance with article thirty of this chapter; or to comply with bus
lane restrictions as defined by article twenty-four of this chapter
through the installation and operation of bus lane photo devices, in
accordance with article twenty-four of this chapter; or to comply with
toll collection regulations of certain public authorities through the
installation and operation of photo-monitoring systems, in accordance
with the provisions of section two thousand nine hundred eighty-five of
the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty; or to stop for a school bus displaying a red visual
signal in violation of section eleven hundred seventy-four of this chap-
ter through the installation and operation of school bus photo violation
monitoring systems, in accordance with article twenty-nine of this chap-
ter; or to comply with certain posted maximum speed limits in violation
of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
this chapter within a highway construction or maintenance work area
through the installation and operation of photo speed violation monitor-
ing systems, in accordance with article thirty of this chapter; or to
comply with gross vehicle weight and/or axle weight restrictions in
violation of section three hundred eighty-five of this chapter and the
rules of the applicable covered agency or covered authority as such
terms are defined in article ten of this chapter through the installa-
tion and operation of weigh in motion violation monitoring systems, in
accordance with article ten of this chapter; or to comply with bus oper-
ation-related traffic regulations as defined by article twenty-four of
this chapter in violation of the rules of the department of transporta-
tion of the city of New York through the installation and operation of
bus operation-related photo devices, in accordance with article twenty-
four of this chapter, is being contested, by a person in a timely fash-
ion and a hearing upon the merits has been demanded, but has not yet
been held, the APPLICABLE bureau shall not issue any notice of fine or
penalty to that person prior to the date of the hearing.
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability of an owner for a violation of subdivision
(d) of section eleven hundred eleven of this chapter imposed pursuant to
a local law or ordinance imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with traffic-con-
trol indications through the installation and operation of traffic-con-
trol signal photo violation-monitoring systems, in accordance with arti-
cle twenty-four of this chapter, or an allegation of liability of an
owner for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter imposed pursuant to a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with certain posted
maximum speed limits through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter, or an allegation of liability of an owner for a violation
of bus lane restrictions as defined by article twenty-four of this chap-
ter imposed pursuant to a bus rapid transit program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
S. 9008--C 95 A. 10008--C
to comply with such bus lane restrictions through the installation and
operation of bus lane photo devices, in accordance with article twenty-
four of this chapter, or an allegation of liability of an owner for a
violation of toll collection regulations imposed by certain public
authorities pursuant to the law authorizing such public authorities to
impose monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with toll collection regulations of such
public authorities through the installation and operation of photo-moni-
toring systems, in accordance with the provisions of section two thou-
sand nine hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, or an allegation of liability of
an owner for a violation of section eleven hundred seventy-four of this
chapter when meeting a school bus marked and equipped as provided in
subdivisions twenty and twenty-one-c of section three hundred seventy-
five of this chapter imposed pursuant to a local law or ordinance impos-
ing monetary liability on the owner of a vehicle for failure of an oper-
ator thereof to comply with school bus red visual signals through the
installation and operation of school bus photo violation monitoring
systems, in accordance with article twenty-nine of this chapter, or an
allegation of liability of an owner for a violation of subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this chapter imposed
pursuant to a demonstration program imposing monetary liability on the
owner of a vehicle for failure of an operator thereof to comply with
certain posted maximum speed limits within a highway construction or
maintenance work area through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter, or an allegation of liability of an owner for a violation
of section three hundred eighty-five of this chapter and the rules of
the applicable covered agency or covered authority as such terms are
defined in article ten of this chapter in relation to gross vehicle
weight and/or axle weight violations imposed pursuant to a weigh in
motion demonstration program imposing monetary liability on the owner of
a vehicle for failure of an operator thereof to comply with such gross
vehicle weight and/or axle weight restrictions through the installation
and operation of weigh in motion violation monitoring systems, in
accordance with article ten of this chapter, or an allegation of liabil-
ity of an owner for a violation of bus operation-related traffic regu-
lations as defined by article twenty-four of this chapter imposed pursu-
ant to a demonstration program imposing monetary liability on the owner
of a vehicle for failure of an operator thereof to comply with such bus
operation-related traffic regulations through the installation and oper-
ation of bus operation-related photo devices, in accordance with article
twenty-four of this chapter, shall be held before a hearing examiner in
accordance with rules and regulations promulgated by the PARKING
VIOLATIONS bureau OR THE TRAFFIC CAMERA VIOLATIONS BUREAU, AS
APPLICABLE.
e. In the case of a refusal to obey a subpoena, the PARKING VIOLATIONS
bureau OR THE TRAFFIC CAMERA VIOLATIONS BUREAU, AS APPLICABLE, may make
application to the Supreme Court pursuant to section twenty-three
hundred eight of the civil practice law and rules, for an order requir-
ing such appearance, testimony or production of evidence.
§ 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 6 of part N of chapter 58 of the laws of
2025, are amended to read as follows:
S. 9008--C 96 A. 10008--C
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained such hearing examiner may
examine either the prior parking violations record or the record of
liabilities incurred in accordance with any provisions of law specif-
ically authorizing the imposition of monetary liability on the owner of
a vehicle for failure of an operator thereof: to comply with traffic-
control indications in violation of subdivision (d) of section eleven
hundred eleven of this chapter through the installation and operation of
traffic-control signal photo violation-monitoring systems, in accordance
with article twenty-four of this chapter; to comply with certain posted
maximum speed limits in violation of subdivision (b), (c), (d), (f) or
(g) of section eleven hundred eighty of this chapter through the instal-
lation and operation of photo speed violation monitoring systems, in
accordance with article thirty of this chapter; to comply with bus lane
restrictions as defined by article twenty-four of this chapter through
the installation and operation of bus lane photo devices, in accordance
with article twenty-four of this chapter; to comply with toll collection
regulations of certain public authorities through the installation and
operation of photo-monitoring systems, in accordance with the provisions
of section two thousand nine hundred eighty-five of the public authori-
ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter
seven hundred seventy-four of the laws of nineteen hundred fifty; to
stop for a school bus displaying a red visual signal in violation of
section eleven hundred seventy-four of this chapter through the instal-
lation and operation of school bus photo violation monitoring systems,
in accordance with article twenty-nine of this chapter; to comply with
certain posted maximum speed limits in violation of subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this chapter within
a highway construction or maintenance work area through the installation
and operation of photo speed violation monitoring systems, in accordance
with article thirty of this chapter; to comply with gross vehicle weight
and/or axle weight restrictions in violation of section three hundred
eighty-five of this chapter and the rules of the applicable covered
agency or covered authority as such terms are defined in article ten of
this chapter through the installation and operation of weigh in motion
violation monitoring systems, in accordance with article ten of this
chapter; or to comply with bus operation-related traffic regulations as
defined by article twenty-four of this chapter in violation of the rules
of the department of transportation of the city of New York through the
installation and operation of bus operation-related photo devices, in
accordance with article twenty-four of this chapter, of the person
charged, as applicable prior to rendering a final determination. Final
determinations sustaining or dismissing charges shall be entered on a
final determination roll maintained by the PARKING VIOLATIONS bureau OR
THE TRAFFIC CAMERA VIOLATIONS BUREAU, AS APPLICABLE, together with
records showing payment and nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with any provisions of law specifically authorizing the imposition of
monetary liability on the owner of a vehicle for failure of an operator
thereof: to comply with traffic-control indications in violation of
subdivision (d) of section eleven hundred eleven of this chapter through
the installation and operation of traffic-control signal photo viola-
tion-monitoring systems, in accordance with article twenty-four of this
chapter; to comply with certain posted maximum speed limits in violation
S. 9008--C 97 A. 10008--C
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this chapter through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter; to comply with bus lane restrictions as defined by article
twenty-four of this chapter through the installation and operation of
bus lane photo devices, in accordance with article twenty-four of this
chapter; to comply with toll collection regulations of certain public
authorities through the installation and operation of photo-monitoring
systems, in accordance with the provisions of section two thousand nine
hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty; to stop for a school bus display-
ing a red visual signal in violation of section eleven hundred seventy-
four of this chapter through the installation and operation of school
bus photo violation monitoring systems, in accordance with article twen-
ty-nine of this chapter; to comply with certain posted maximum speed
limits in violation of subdivision (b), (d), (f) or (g) of section elev-
en hundred eighty of this chapter within a highway construction or main-
tenance work area through the installation and operation of photo speed
violation monitoring systems, in accordance with article thirty of this
chapter; to comply with gross vehicle weight and/or axle weight
restrictions in violation of section three hundred eighty-five of this
chapter and the rules of the applicable covered agency or covered
authority as such terms are defined in article ten of this chapter
through the installation and operation of weigh in motion violation
monitoring systems, in accordance with article ten of this chapter; or
to comply with bus operation-related traffic regulations as defined by
article twenty-four of this chapter in violation of the rules of the
department of transportation of the city of New York through the instal-
lation and operation of bus operation-related photo devices, in accord-
ance with article twenty-four of this chapter, or fails to appear on a
designated hearing date or subsequent adjourned date or fails after a
hearing to comply with the determination of a hearing examiner, as
prescribed by this article or by rule or regulation of the PARKING
VIOLATIONS bureau OR THE TRAFFIC CAMERA VIOLATIONS BUREAU, AS
APPLICABLE, such failure to plead or contest, appear or comply shall be
deemed, for all purposes, an admission of liability and shall be grounds
for rendering and entering a default judgment in an amount provided by
the rules and regulations of [the] SUCH bureau. However, after the expi-
ration of the original date prescribed for entering a plea and before a
default judgment may be rendered, in such case the APPLICABLE bureau
shall pursuant to the applicable provisions of law notify such operator
or owner, by such form of first class mail as the commission may direct;
(1) of the violation charged, or liability alleged in accordance with
any provisions of law specifically authorizing the imposition of mone-
tary liability on the owner of a vehicle for failure of an operator
thereof: to comply with traffic-control indications in violation of
subdivision (d) of section eleven hundred eleven of this chapter through
the installation and operation of traffic-control signal photo viola-
tion-monitoring systems, in accordance with article twenty-four of this
chapter; to comply with certain posted maximum speed limits in violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this chapter through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter; to comply with bus lane restrictions as defined by article
twenty-four of this chapter through the installation and operation of
S. 9008--C 98 A. 10008--C
bus lane photo devices, in accordance with article twenty-four of this
chapter; to comply with toll collection regulations of certain public
authorities through the installation and operation of photo-monitoring
systems, in accordance with the provisions of section two thousand nine
hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty; to stop for a school bus display-
ing a red visual signal in violation of section eleven hundred seventy-
four of this chapter through the installation and operation of school
bus photo violation monitoring systems, in accordance with article twen-
ty-nine of this chapter; to comply with certain posted maximum speed
limits in violation of subdivision (b), (d), (f) or (g) of section elev-
en hundred eighty of this chapter within a highway construction or main-
tenance work area through the installation and operation of photo speed
violation monitoring systems, in accordance with article thirty of this
chapter; to comply with gross vehicle weight and/or axle weight
restrictions in violation of section three hundred eighty-five of this
chapter and the rules of the applicable covered agency or covered
authority as such terms are defined in article ten of this chapter
through the installation and operation of weigh in motion violation
monitoring systems, in accordance with article ten of this chapter; or
to comply with bus operation-related traffic regulations as defined by
article twenty-four of this chapter in violation of the rules of the
department of transportation of the city of New York through the instal-
lation and operation of bus operation-related photo devices, in accord-
ance with article twenty-four of this chapter, (2) of the impending
default judgment, (3) that such judgment will be entered in the Civil
Court of the city in which [the] SUCH bureau has been established, or
other court of civil jurisdiction or any other place provided for the
entry of civil judgments within the state of New York, and (4) that a
default may be avoided by entering a plea or contesting an allegation of
liability in accordance with any provisions of law specifically author-
izing the imposition of monetary liability on the owner of a vehicle for
failure of an operator thereof: to comply with traffic-control indi-
cations in violation of subdivision (d) of section eleven hundred eleven
of this chapter through the installation and operation of traffic-con-
trol signal photo violation-monitoring systems, in accordance with arti-
cle twenty-four of this chapter; to comply with certain posted maximum
speed limits in violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter through the installation
and operation of photo speed violation monitoring systems, in accordance
with article thirty of this chapter; to comply with bus lane
restrictions as defined by article twenty-four of this chapter through
the installation and operation of bus lane photo devices, in accordance
with article twenty-four of this chapter; to comply with toll collection
regulations of certain public authorities through the installation and
operation of photo-monitoring systems, in accordance with the provisions
of section two thousand nine hundred eighty-five of the public authori-
ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter
seven hundred seventy-four of the laws of nineteen hundred fifty; to
stop for a school bus displaying a red visual signal in violation of
section eleven hundred seventy-four of this chapter through the instal-
lation and operation of school bus photo violation monitoring systems,
in accordance with article twenty-nine of this chapter; to comply with
certain posted maximum speed limits in violation of subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this chapter within
S. 9008--C 99 A. 10008--C
a highway construction or maintenance work area through the installation
and operation of photo speed violation monitoring systems, in accordance
with article thirty of this chapter; to comply with gross vehicle weight
and/or axle weight restrictions in violation of section three hundred
eighty-five of this chapter and the rules of the applicable covered
agency or covered authority as such terms are defined in article ten of
this chapter through the installation and operation of weigh in motion
violation monitoring systems, in accordance with article ten of this
chapter; or to comply with bus operation-related traffic regulations as
defined by article twenty-four of this chapter in violation of the rules
of the department of transportation of the city of New York through the
installation and operation of bus operation-related photo devices, in
accordance with article twenty-four of this chapter; or making an
appearance within thirty days of the sending of such notice. Pleas
entered and allegations contested within that period shall be in the
manner prescribed in the notice and not subject to additional penalty or
fee. Such notice of impending default judgment shall not be required
prior to the rendering and entry thereof in the case of operators or
owners who are non-residents of the state of New York. In no case shall
a default judgment be rendered or, where required, a notice of impending
default judgment be sent, more than two years after the expiration of
the time prescribed for entering a plea or contesting an allegation.
When a person has demanded a hearing, no fine or penalty shall be
imposed for any reason, prior to the holding of the hearing. If the
hearing examiner shall make a determination on the charges, sustaining
them, such hearing examiner shall impose no greater penalty or fine than
those upon which the person was originally charged.
§ 8. Section 242 of the vehicle and traffic law, as added by chapter
715 of the laws of 1972, subdivision 3 as amended by chapter 900 of the
laws of 1982 and subdivision 6 as added by chapter 515 of the laws of
2004, is amended to read as follows:
§ 242. Administrative review. 1. There shall be an appeals board with-
in the PARKING VIOLATIONS bureau AND WITHIN THE TRAFFIC CAMERA
VIOLATIONS BUREAU which shall consist of three or more hearing examiners
but in no event shall the hearing examiner from whose decision the
appeal is taken be included in the panel determining said appeal.
2. An appeal from a determination of any hearing examiner after a
hearing on a plea denying liability, or from a determination denying a
motion to reopen any matter shall be submitted to the APPLICABLE appeals
board, which shall have power to review the facts and the law, and shall
have power to reverse or modify any determination appealed from for
error of fact or law.
3. A party aggrieved by the final determination of a hearing examiner
may obtain a review thereof by serving, either personally in writing or
by certified or registered mail, return receipt requested, upon the
APPLICABLE bureau, within thirty days of the entry of such final deter-
mination, a notice of appeal setting forth the reasons why the final
determination should be reversed or modified. Upon receipt of such
notice of appeal, the APPLICABLE bureau shall furnish to the appellant,
at [his] THE APPELLANT'S request and at [his] THEIR own expense, a tran-
script of the original hearing. No appeal shall be conducted less than
ten days after the mailing of the transcript to the appellant or [his]
THE APPELLANT'S attorney. When the questions presented by an appeal can
be determined without an examination of all the pleadings and
proceedings, the appellant may prepare and submit a statement showing
how the questions arose and were decided by the hearing examiner and
S. 9008--C 100 A. 10008--C
setting forth only so much of the facts averred and proved or sought to
be proved as are necessary to a decision of the questions.
4. Appeals shall be conducted in the presence of the appellant or
[his] THE APPELLANT'S attorney or both, if such right of appearance is
expressly requested by the appellant in [his] THE APPELLANT'S notice of
appeal and upon [his] THE APPELLANT complying with the regulations of
the APPLICABLE bureau. If the appellant elects to appear, the APPLICABLE
bureau within thirty days after the receipt of the notice of appeal
shall advise the appellant, either personally or by ordinary first class
mail of the date on which [he] SUCH APPELLANT shall appear. No appeal
shall be conducted less than ten days after the mailing of such notifi-
cation. The appellant shall be notified in writing of the decision of
the APPLICABLE appeals board.
5. The service of a notice of appeal shall not stay the enforcement of
a judgment upon the determination appealed from unless the appellant
shall have posted a bond in the amount of such determination, at the
time of, or before the service of such notice of appeal unless the
enforcement of such judgment shall have been stayed by the APPLICABLE
appeals board.
6. When charges have been overturned by a court or any other adminis-
trative body or officer, the party in whose favor the appeal is decided
shall be entitled to have returned an amount equal to any fine or penal-
ty imposed and collected from the parking violations bureau OR THE TRAF-
FIC CAMERA VIOLATIONS BUREAU, AS APPLICABLE, within thirty days of the
entry of the judgement; provided, however, that such court, administra-
tive body or officer shall have the authority to lessen from such amount
any debt owed by such party and shall apply this amount to any outstand-
ing fines and penalties owed by the same individual. If payment is not
made within thirty days, a penalty shall accrue at the same rate as that
imposed for failure to make timely payment of a fine and shall be paid
by the parking violations bureau OR THE TRAFFIC CAMERA VIOLATIONS
BUREAU, AS APPLICABLE.
§ 9. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law, as amended by section 7 of part N of
chapter 58 of the laws of 2025, is amended to read as follows:
(i) If at the time of application for a registration or renewal there-
of there is a certification from a court, parking violations bureau,
traffic and parking violations agency, TRAFFIC CAMERA VIOLATIONS BUREAU
or administrative tribunal of appropriate jurisdiction that the regis-
trant or their representative failed to appear on the return date or any
subsequent adjourned date or failed to comply with the rules and regu-
lations of an administrative tribunal following entry of a final deci-
sion in response to a total of three or more summonses or other process
in the aggregate, issued within an eighteen month period, charging
either that: (i) such motor vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant or their
agent without being licensed as a motor vehicle for hire by the appro-
priate local authority, in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation made by a local
authority; or (ii) the registrant was liable for a violation of subdivi-
sion (d) of section eleven hundred eleven of this chapter imposed pursu-
ant to a local law or ordinance imposing monetary liability on the owner
of a vehicle for failure of an operator thereof to comply with traffic-
control indications through the installation and operation of traffic-
control signal photo violation-monitoring systems, in accordance with
article twenty-four of this chapter; or (iii) the registrant was liable
S. 9008--C 101 A. 10008--C
for a violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this chapter imposed pursuant to a demon-
stration program imposing monetary liability on the owner of a vehicle
for failure of an operator thereof to comply with such posted maximum
speed limits through the installation and operation of photo speed
violation monitoring systems, in accordance with article thirty of this
chapter; or (iv) the registrant was liable for a violation of bus lane
restrictions as defined by article twenty-four of this chapter imposed
pursuant to a bus rapid transit program imposing monetary liability on
the owner of a vehicle for failure of an operator thereof to comply with
such bus lane restrictions through the installation and operation of bus
lane photo devices, in accordance with article twenty-four of this chap-
ter; or (v) the registrant was liable for a violation of section eleven
hundred seventy-four of this chapter when meeting a school bus marked
and equipped as provided in subdivisions twenty and twenty-one-c of
section three hundred seventy-five of this chapter imposed pursuant to a
local law or ordinance imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with school bus red
visual signals through the installation and operation of school bus
photo violation monitoring systems, in accordance with article twenty-
nine of this chapter; or (vi) the registrant was liable for a violation
of section three hundred eighty-five of this chapter and the rules of
the applicable covered agency or covered authority as such terms are
defined in article ten of this chapter in relation to gross vehicle
weight and/or axle weight violations imposed pursuant to a weigh in
motion demonstration program imposing monetary liability on the owner of
a vehicle for failure of an operator thereof to comply with such gross
vehicle weight and/or axle weight restrictions through the installation
and operation of weigh in motion violation monitoring systems, in
accordance with article ten of this chapter; or (vii) the registrant was
liable for a violation of subdivision (b), (d), (f) or (g) of section
eleven hundred eighty of this chapter imposed pursuant to a demon-
stration program imposing monetary liability on the owner of a vehicle
for failure of an operator thereof to comply with such posted maximum
speed limits within a highway construction or maintenance work area
through the installation and operation of photo speed violation monitor-
ing systems, in accordance with article thirty of this chapter, or
(viii) the registrant was liable for a violation of bus operation-relat-
ed traffic regulations as defined by article twenty-four of this chapter
imposed pursuant to a demonstration program imposing monetary liability
on the owner of a vehicle for failure of an operator thereof to comply
with such bus operation-related traffic regulations through the instal-
lation and operation of bus operation-related photo devices, in accord-
ance with article twenty-four of this chapter, the commissioner or their
agent shall deny the registration or renewal application until the
applicant provides proof from the court, traffic and parking violations
agency, TRAFFIC CAMERA VIOLATIONS BUREAU or administrative tribunal
wherein the charges are pending that an appearance or answer has been
made or in the case of an administrative tribunal that such applicant
has complied with the rules and regulations of said tribunal following
entry of a final decision. Where an application is denied pursuant to
this section, the commissioner may, in their discretion, deny a regis-
tration or renewal application to any other person for the same vehicle
and may deny a registration or renewal application for any other motor
vehicle registered in the name of the applicant where the commissioner
has determined that such registrant's intent has been to evade the
S. 9008--C 102 A. 10008--C
purposes of this subdivision and where the commissioner has reasonable
grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
§ 10. Subdivisions (e), (h), (i), paragraph 1 of subdivision (j), and
paragraphs 8 and 9 of subdivision (m) of section 1174-a of the vehicle
and traffic law, as added by chapter 145 of the laws of 2019, are
amended to read as follows:
(e) An owner liable for a violation of subdivision (a) of section
eleven hundred seventy-four of this article pursuant to a local law or
ordinance adopted pursuant to this section shall be liable for monetary
penalties in accordance with a schedule of fines and penalties to be set
forth in such local law or ordinance, except that if a city by local law
has authorized the adjudication of such owner liability by a parking
violations bureau, such schedule shall be promulgated by such PARKING
VIOLATIONS bureau AND EXCEPT IF A COUNTY, CITY, VILLAGE, OR TOWN HAS
AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A TRAFFIC CAMERA
VIOLATIONS BUREAU, SUCH SCHEDULE SHALL BE PROMULGATED BY SUCH TRAFFIC
CAMERA VIOLATIONS BUREAU. The liability of the owner pursuant to this
section shall be two hundred fifty dollars for a first violation, two
hundred seventy-five dollars for a second violation both of which were
committed within a period of eighteen months, and three hundred dollars
for a third or subsequent violation all of which were committed within a
period of eighteen months; provided, however, that such local law or
ordinance may provide for an additional penalty not in excess of twen-
ty-five dollars for each violation for the failure to respond to a
notice of liability within the prescribed time period.
(h) Adjudication of the liability imposed upon owners by this section
shall be by a traffic violations bureau established pursuant to section
three hundred seventy of the general municipal law where the violation
occurred or, if there be none, by the court having jurisdiction over
traffic infractions where the violation occurred, except that if a city
has established an administrative tribunal to hear and determine
complaints of traffic infractions constituting parking, standing or
stopping violations such city may, by local law, authorize such adjudi-
cation by such tribunal, AND EXCEPT THAT IF A COUNTY, CITY, VILLAGE, OR
TOWN HAS ESTABLISHED A TRAFFIC CAMERA VIOLATIONS BUREAU TO HEAR AND
DETERMINE THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION, ADJUDI-
CATION OF SUCH LIABILITY SHALL BE BY SUCH TRAFFIC CAMERA VIOLATIONS
BUREAU.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle was reported to the
police as having been stolen, it shall be a valid defense to an allega-
tion of liability for a violation of subdivision (a) of section eleven
hundred seventy-four of this article pursuant to this section that the
vehicle had been reported to the police as stolen prior to the time the
violation occurred and had not been recovered by such time. For purposes
of asserting the defense provided by this subdivision it shall be suffi-
cient that a certified copy of the police report on the stolen vehicle
be sent by first class mail to the traffic violations bureau, court
having jurisdiction [or], parking violations bureau, OR TRAFFIC CAMERA
VIOLATIONS BUREAU.
1. In such county, city, town or village where the adjudication of
liability imposed upon owners pursuant to this section is by a traffic
S. 9008--C 103 A. 10008--C
violations bureau [or], a court having jurisdiction, OR A TRAFFIC CAMERA
VIOLATIONS BUREAU an owner who is a lessor of a vehicle to which a
notice of liability was issued pursuant to subdivision (g) of this
section shall not be liable for the violation of subdivision (a) of
section eleven hundred seventy-four of this article, provided that [he
or she] SUCH LESSOR sends to the traffic violations bureau [or], court
having jurisdiction OR TRAFFIC CAMERA VIOLATIONS BUREAU a copy of the
rental, lease or other such contract document covering such vehicle on
the date of the violation, with the name and address of the lessee
clearly legible, within thirty-seven days after receiving notice from
the bureau [or], court OR TRAFFIC CAMERA VIOLATIONS BUREAU of the date
and time of such violation, together with the other information
contained in the original notice of liability. Failure to send such
information within such thirty-seven day time period shall render the
owner liable for the penalty prescribed by this section. Where the
lessor complies with the provisions of this paragraph, the lessee of
such vehicle on the date of such violation shall be deemed to be the
owner of such vehicle for purposes of this section, shall be subject to
liability for the violation of subdivision (a) of section eleven hundred
seventy-four of this article pursuant to this section and shall be sent
a notice of liability pursuant to subdivision (g) of this section.
8. the total amount of revenue realized by such COUNTY, city, town or
village from such adjudications;
9. the expenses incurred by such COUNTY, city, town or village in
connection with the program;
§ 11. Subdivision 10 of section 1803 of the vehicle and traffic law,
as added by chapter 145 of the laws of 2019, is amended to read as
follows:
10. Except WHERE ADJUDICATED BY A TRAFFIC CAMERA VIOLATIONS BUREAU OR
as otherwise provided in paragraph e of subdivision one of this section,
where a county has established a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with section eleven hundred seventy-four of this chapter in
accordance with section eleven hundred seventy-four-a of this chapter,
any fine or penalty collected by a court, judge, magistrate or other
officer for an imposition of liability which occurs within such county
pursuant to such program shall be paid to the state comptroller within
the first ten days of the month following collection. Every such
payment shall be accompanied by a statement in such form and detail as
the comptroller shall provide. The comptroller shall pay ninety percent
of any such fine or penalty imposed for such liability to the county in
which the violation giving rise to the liability occurred, and ten
percent of any such fine or penalty to the city, town or village in
which the violation giving rise to the liability occurred.
§ 12. Pending actions and proceedings. (a) No proceeding involving a
notice of liability imposing monetary liability on the owner of a vehi-
cle for failure of an operator thereof to comply with section 1174 of
the vehicle and traffic law in accordance with a local law or ordinance
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with school bus red visual signals through
the installation and operation of school bus photo violation monitoring
systems, in accordance with article 29 of the vehicle and traffic law,
pending at such time when an existing traffic camera violations bureau
shall cease to exist shall be affected or abated by the cessation of the
existence of any such traffic camera violations bureau. All such
proceedings shall, at the time of such cessation of existence, be trans-
S. 9008--C 104 A. 10008--C
ferred to the traffic violations bureau, parking violations bureau, or
court of appropriate jurisdiction in the county, city, village, or town
where such violation giving rise to the imposition of monetary liability
allegedly occurred.
(b)(i) The agency, department, office, or person charged with the
custody of the records of an existing traffic camera violations bureau
which is about to cease existing under, or in connection with: (A) the
repeal of the aforementioned local law or ordinance imposing monetary
liability on the owner of a vehicle; or (B) the withdrawal from, or
termination of, an agreement for the installation, maintenance and use
of school bus photo violation monitoring systems within such county,
city, town or village by the county, city, village, town, or district as
authorized pursuant to section 22 of chapter 145 of the laws of 2019,
shall arrange for the transfer of the records of pending proceedings to
the traffic violations bureau, parking violations bureau, or court of
appropriate jurisdiction to which the proceedings shall be transferred.
The presiding judge of such court or the presiding officer of such traf-
fic violations bureau or parking violations bureau shall enter an order
providing for adequate notice consistent with due process of law to
respondents in such pending proceedings regarding the transfer of such
proceedings.
(ii) In no event shall any difficulty or delay resulting from the
transfer process not caused by the respondent increase the penalty
required of the respondent appearing before the traffic violations
bureau, parking violations bureau, or court due to a transfer of the
notice of liability proceeding or otherwise prejudice such respondent.
Respondents before the traffic violations bureau, parking violations
bureau, or court due to a transfer of the notice of liability proceeding
from a traffic camera violations bureau to the traffic violations
bureau, parking violations bureau, or court that fail to appear shall be
permitted at least one adjournment before the penalties and procedures
pursuant to section 1174-a and subdivision 5-a of section 401 of the
vehicle and traffic law shall be available. The presiding judge of such
court or the presiding officer of such traffic violations bureau or
parking violations bureau shall enter an order providing for adequate
notice consistent with due process of law to respondents, including
notice of the penalties and procedures available pursuant to section
1174-a of the vehicle and traffic law and, if applicable, subdivision
5-a of section 401 of such law.
§ 13. This act shall take effect immediately; provided that the amend-
ments to subdivisions (e), (h), (i), paragraph 1 of subdivision (j), and
paragraphs 8 and 9 of subdivision (m) of section 1174-a of the vehicle
and traffic law made by section ten of this act shall not affect the
expiration and repeal of such section and shall be deemed repealed ther-
ewith; and provided, further, that the amendments to subdivision 10 of
section 1803 of the vehicle and traffic law made by section eleven of
this act shall not affect the expiration and repeal of such subdivision
and shall be deemed repealed therewith.
PART VV
Section 1. Subdivisions 2, 8 and 13 of section 75-0101 of the environ-
mental conservation law, as added by chapter 106 of the laws of 2019,
are amended to read as follows:
2. "Carbon dioxide equivalent" means the amount of carbon dioxide by
mass that would produce the same global warming impact as a given mass
S. 9008--C 105 A. 10008--C
of another greenhouse gas over an integrated [twenty-year] ONE HUNDRED-
YEAR time frame after emission.
8. "Greenhouse gas emission limit" means the maximum allowable level
of statewide greenhouse gas emissions, EXCLUDING EMISSIONS IDENTIFIED
UNDER PARAGRAPH F OF SUBDIVISION TWO OF SECTION 75-0105 OF THIS ARTICLE,
in a specified year, expressed in tons of carbon dioxide equivalent, as
determined by the department pursuant to this article.
13. "Statewide greenhouse gas emissions" means the total annual emis-
sions of greenhouse gases produced within the state from anthropogenic
sources and greenhouse gases produced outside of the state that are
associated with the generation of electricity imported into the state
[and the extraction and transmission of fossil fuels imported into the
state]. Statewide emissions shall be expressed in tons of carbon dioxide
equivalents.
§ 2. Subdivision 15 of section 75-0103 of the environmental conserva-
tion law, as added by chapter 106 of the laws of 2019, is amended to
read as follows:
15. The council shall update its plan [for] TOWARD achieving the
statewide greenhouse gas emissions limits [at least once every five
years] and shall make such updates available to the governor, the speak-
er of the assembly and the temporary president of the senate and post
such updates on its website. THE FIRST UPDATE SHALL OCCUR IN TWO THOU-
SAND TWENTY-EIGHT WITH SUBSEQUENT UPDATES DUE EVERY SIX YEARS THEREAFT-
ER.
§ 3. Paragraphs d and e of subdivision 2 of section 75-0105 of the
environmental conservation law, as added by chapter 106 of the laws of
2019, are amended and a new paragraph f is added to read as follows:
d. information relating to emissions associated with manufacturing,
chemical production, cement plants, and other processes that produce
non-combustion emissions; [and]
e. information from sources that may be required to participate in the
registration and reporting system pursuant to subdivision four of this
section[.]; AND
F. CARBON DIOXIDE EMISSIONS FROM BIOGENIC SOURCES SHALL BE REPORTED
SEPARATELY, CONSISTENT WITH TREATMENT OF BIOGENIC CARBON DIOXIDE EMIS-
SIONS UNDER THE METHODOLOGIES OF THE INTERGOVERNMENTAL PANEL ON CLIMATE
CHANGE.
§ 4. Subdivisions 1 and 3 of section 75-0109 of the environmental
conservation law, as added by chapter 106 of the laws of 2019, are
amended to read as follows:
1. No later than [four years after the effective date of this article]
DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT, the department, after
public workshops and consultation with the council, the environmental
justice advisory group, and the climate justice working group estab-
lished pursuant to section 75-0111 of this article, representatives of
regulated entities, community organizations, environmental groups,
health professionals, labor unions, municipal corporations, trade asso-
ciations and other stakeholders, shall, after no less than two public
hearings, promulgate, IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION, rules and regulations DESIGNED TO: (I) ACHIEVE, TO THE MAXIMUM
EXTENT FEASIBLE AND COST EFFECTIVE, A SIXTY PERCENT REDUCTION IN STATE-
WIDE GREENHOUSE GAS EMISSIONS FROM 1990 EMISSIONS BY TWO THOUSAND FORTY;
AND (II) to ensure compliance with the statewide emissions reduction
[limits] LIMIT ESTABLISHED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION
75-0107 OF THIS ARTICLE, and work with other state agencies and authori-
ties to promulgate regulations required by section eight of [the] chap-
S. 9008--C 106 A. 10008--C
ter ONE HUNDRED SIX of the laws of two thousand nineteen [that added
this article].
3. In promulgating these regulations, the department shall:
a. Design and implement all regulations in a manner that seeks to be
equitable, to minimize costs and to maximize the total benefits to New
York, and encourages early action to reduce greenhouse gas emissions[.];
b. Ensure that greenhouse gas emissions reductions achieved are real,
permanent, quantifiable, verifiable, and enforceable by the depart-
ment[.];
c. Ensure that activities undertaken to comply with the regulations do
not result in a net increase in co-pollutant emissions or otherwise
disproportionately burden disadvantaged communities as identified pursu-
ant to section 75-0111 of this article[.];
d. Prioritize measures to maximize net reductions of greenhouse gas
emissions and co-pollutants in disadvantaged communities as identified
pursuant to section 75-0111 of this article and encourage early action
to reduce greenhouse gas emissions and co-pollutants[.];
e. Incorporate measures to minimize leakage[.]; AND
F. CONSIDER THE FOLLOWING, IN THE COURSE OF DEVELOPING A REGULATORY
PROGRAM OR PROGRAMS AS REQUIRED BY THIS SECTION:
I. THE FEASIBILITY AND ADOPTION OF: PROGRAMS THAT UTILIZE REGULATORY
MECHANISMS, INCLUDING A MARKET-BASED ECONOMY-WIDE CAP-AND-INVEST PROGRAM
THAT COULD BE LINKED TO OTHER JURISDICTIONS AND PROVIDE MARKET CERTAIN-
TY; CLEAN ENERGY SUPPLY STANDARDS; AND OTHER REGULATIONS;
II. THE AFFORDABILITY OF THE PROGRAMS IDENTIFIED IN SUBPARAGRAPH I OF
THIS PARAGRAPH FOR STATE RESIDENTS, BUSINESSES AND OTHER ENTITIES,
INCLUDING HOW THE PACE AND SEQUENCING OF THE EMISSIONS REDUCTION STRATE-
GIES AFFECT TOTAL COSTS OVER TIME, AND THROUGH ASSESSING ENERGY COST
IMPACTS ACROSS CUSTOMER CLASSES AND USES, AS WELL AS THE UTILIZATION OF
EFFECTIVE COST CONTAINMENT MEASURES AS NEEDED;
III. THE IMPORTANCE OF FOSTERING THE STATE'S ECONOMIC GROWTH AND
COMPETITIVENESS, INCLUDING THE CREATION AND MAINTENANCE OF WELL-PAYING
AND FAMILY-SUSTAINING JOBS;
IV. THE ECONOMY-WIDE EMISSIONS REDUCTION STRATEGIES THAT RESULT IN
IMPROVED PUBLIC HEALTH, INCREASED QUALITY OF LIFE, AND A CLEANER ENVI-
RONMENT FOR ALL NEW YORKERS, AND THAT ANY NEW REVENUE EQUITABLY SUPPORTS
THESE OUTCOMES;
V. THE ABILITY TO MAXIMIZE AVAILABLE FUNDING AND OTHER RESOURCES TO
SUPPORT EMISSIONS REDUCTIONS; AND
VI. THE DEVELOPMENT AND COMMERCIALIZATION OF LOW AND ZERO EMISSION
TECHNOLOGIES TO ACHIEVE THE GOALS OF PROGRAMS IDENTIFIED IN SUBPARAGRAPH
I OF THIS PARAGRAPH.
§ 5. Section 75-0117 of the environmental conservation law, as added
by chapter 106 of the laws of 2019, is amended to read as follows:
§ 75-0117. Investment of funds.
State agencies, authorities and entities, in consultation with the
environmental justice working group and the climate action council,
shall, to the extent practicable, invest or direct available and rele-
vant programmatic resources in a manner designed to achieve a goal for
disadvantaged communities to receive [forty] FORTY-FIVE percent of over-
all benefits of spending on clean energy and energy efficiency programs,
projects or investments in the areas of housing, workforce development,
pollution reduction, low income energy assistance, energy, transporta-
tion and economic development, provided however, that disadvantaged
communities shall receive no less than [thirty-five] FORTY percent of
the overall benefits of spending on clean energy and energy efficiency
S. 9008--C 107 A. 10008--C
programs, projects or investments and provided further that this section
shall not alter funds already contracted or committed as of the effec-
tive date of this section.
§ 6. Subdivision 1 of section 75-0119 of the environmental conserva-
tion law, as added by chapter 106 of the laws of 2019, is amended to
read as follows:
1. The department in consultation with the council shall, not less
than every four years AFTER THE PROMULGATION OF REGULATIONS PURSUANT TO
SECTION 75-0109 OF THIS ARTICLE, publish a report which shall include
recommendations regarding the implementation of greenhouse gas reduction
measures.
§ 7. This act shall take effect immediately.
PART WW
Section 1. Sections 3, 4, 5, 6, 7, 8 and 9 of chapter 18 of the laws
of 2020 authorizing the commissioner of education to appoint a monitor
to oversee the Wyandanch union free school district and establishing the
powers and duties of such monitor, are amended to read as follows:
§ 3. Appointment of [a] monitor TEAM. [The commissioner shall appoint
one monitor to provide] IN ACCORDANCE WITH THE POWERS AND DUTIES OF THE
BOARD OF REGENTS AND THE COMMISSIONER PURSUANT TO SUBDIVISION 2 OF
SECTION 305 OF THE EDUCATION LAW, SECTION 308 OF THE EDUCATION LAW, AND
SECTION 215 OF THE EDUCATION LAW, UP TO TWO MONITORS SHALL BE APPOINTED
BY AND SERVE AT THE PLEASURE OF THE COMMISSIONER TO CARRY OUT THE
PROVISIONS OF THIS ACT INCLUDING BUT NOT LIMITED TO PROVIDING oversight,
guidance and technical assistance related to the EDUCATIONAL AND fiscal
policies, practices, programs and decisions of the school district, the
board of education and the superintendent.
1. The monitor OR MONITORS, to the extent practicable, shall have
experience in [school district finances and] one or more of the follow-
ing areas:
(a) SCHOOL DISTRICT FINANCES;
(B) elementary and secondary education;
[(b)] (C) the operation of school districts in New York;
[(c)] (D) educating students with disabilities; and
[(d)] (E) educating English language learners.
2. The monitor OR MONITORS shall be a non-voting ex-officio member OR
MEMBERS of the board of education. The monitor OR MONITORS shall be [an
individual] INDIVIDUALS who [is] ARE not [a resident, employee] RESI-
DENTS, EMPLOYEES of the school district or [relative] RELATIVES of a
board member of the school district at the time of [his or her] THEIR
appointment.
3. The reasonable and necessary expenses incurred by the monitor OR
MONITORS while performing [his or her] THEIR official duties shall be
paid by the school district. Notwithstanding any other provision of law,
the monitor OR MONITORS shall be entitled to defense and indemnification
by the school district to the same extent as a school district employee.
§ 4. Meetings. 1. The monitor OR MONITORS shall be entitled to attend
all meetings of the board, including executive sessions; provided howev-
er, such monitor OR MONITORS shall not be considered for purposes of
establishing a quorum of the board. The school district shall fully
cooperate with [the] ANY monitor OR MONITORS including, but not limited
to, providing such monitor OR MONITORS with access to any necessary
documents and records of the district including access to electronic
information systems, databases and planning documents, consistent with
S. 9008--C 108 A. 10008--C
all applicable state and federal statutes including, but not limited to,
Family Education Rights and Privacy Act (FERPA) (20 U.S.C. §1232g) and
section 2-d of the education law.
2. The board, in consultation with the monitor OR MONITORS, shall
adopt a conflict of interest policy that complies with all existing
applicable laws, rules and regulations that ensures its board members
and administration act in the school district's best interest and comply
with applicable legal requirements. The conflict of interest policy
shall include, but not be limited to:
(a) a definition of the circumstances that constitute a conflict of
interest;
(b) procedures for disclosing a conflict of interest to the board;
(c) a requirement that the person with the conflict of interest not be
present at or participate in board deliberations or votes on the matter
giving rise to such conflict, provided that nothing in this subdivision
shall prohibit the board from requesting that the person with the
conflict of interest present information as background or answer ques-
tions at a board meeting prior to the commencement of deliberations or
voting relating thereto;
(d) a prohibition against any attempt by the person with the conflict
to influence improperly the deliberation or voting on the matter giving
rise to such conflict; and
(e) a requirement that the existence and resolution of the conflict be
documented in the board's records, including in the minutes of any meet-
ing at which the conflict was discussed or voted upon.
§ 5. Public hearings. 1. The monitor OR MONITORS shall schedule [two]
THREE public hearings to be held within sixty days of [his or her] THEIR
appointment, which shall allow public comment from the district's resi-
dents, students, employees, parents, board members and administration.
(a) The first hearing shall take public comment on existing statutory
and regulatory authority of the commissioner, the department and the
board of regents regarding school district governance and intervention
under applicable state law and regulations, including but not limited
to, section 306 of the education law.
(b) The second hearing shall take public comment on the fiscal
performance of the district.
(C) THE THIRD HEARING SHALL TAKE PUBLIC COMMENT ON THE ACADEMIC
PERFORMANCE OF THE DISTRICT.
2. The board of education and the monitor OR MONITORS shall consider
these public comments when developing the [financial] LONG-TERM STRATE-
GIC ACADEMIC AND FISCAL IMPROVEMENT plan under this act.
§ 6. [Financial] LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT
plan. 1. No later than November first, two thousand [twenty] TWENTY-SIX,
the board of education [and] WORKING IN COLLABORATION WITH the monitor
OR MONITORS shall develop a [proposed financial] LONG-TERM STRATEGIC
ACADEMIC AND FISCAL IMPROVEMENT plan for the two thousand [twenty--two
thousand twenty-one] TWENTY-SIX--TWENTY-SEVEN AND THE NEXT FOUR SUCCEED-
ING school [year and the four subsequent school] years. [The financial]
SUCH plan, INCLUDING SUCH ANNUAL REVISIONS THERETO, shall [ensure that
annual aggregate operating expenses shall not exceed annual aggregate
operating revenues for such school year and that the major operating
funds of the district be balanced in accordance with generally accepted
accounting principles. The financial plan shall include statements of
all estimated revenues, expenditures, and cash flow projections of the
district] BE SUBMITTED TO THE COMMISSIONER FOR APPROVAL AND SHALL
INCLUDE A SET OF GOALS WITH APPROPRIATE BENCHMARKS AND MEASURABLE OBJEC-
S. 9008--C 109 A. 10008--C
TIVES AND IDENTIFY STRATEGIES TO ADDRESS AREAS WHERE IMPROVEMENTS ARE
NEEDED IN THE DISTRICT, INCLUDING BUT NOT LIMITED TO ITS FINANCIAL
STABILITY, ACADEMIC OPPORTUNITIES AND OUTCOMES, EDUCATION OF STUDENTS
WITH DISABILITIES, EDUCATION OF ENGLISH LANGUAGE LEARNERS, THE EDUCA-
TIONAL, SOCIAL AND EMOTIONAL WELFARE OF PUBLIC SCHOOL STUDENTS AND SHALL
ENSURE COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL LAWS AND REGU-
LATIONS.
2. If the board of education and the monitor OR MONITORS agree on all
the elements of the proposed [financial] LONG-TERM STRATEGIC ACADEMIC
AND FISCAL IMPROVEMENT plan, the board of education shall conduct a
public hearing on the plan and consider the input of the community. The
proposed [financial] LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT
plan shall be made public on the district's website at least three busi-
ness days before such public hearing. Once the proposed [financial]
LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan has been
approved by the board of education, such plan shall be submitted by the
monitor OR MONITORS to the commissioner for approval and shall be deemed
approved for the purposes of this act.
3. If the board of education and the monitor OR MONITORS do not agree
on all the elements of the proposed [financial] LONG-TERM STRATEGIC
ACADEMIC AND FISCAL IMPROVEMENT plan, the board of education shall
conduct a public hearing on the proposed plan that details the elements
of disagreement between the monitor OR MONITORS and the board, including
documented justification for such disagreements and any requested amend-
ments from the monitor OR MONITORS. The proposed [financial] LONG-TERM
STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan, elements of disagree-
ment, and requested amendments shall be made public on the district's
website at least three business days before such public hearing. After
considering the input of the community, the board may alter the proposed
[financial] LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan and
the monitor OR MONITORS may alter [his or her] THEIR requested amend-
ments, and the monitor OR MONITORS shall submit the proposed [financial]
LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan, [his or her]
THEIR amendments to the plan, and documentation providing justification
for such disagreements and amendments to the commissioner no later than
December first, two thousand [twenty] TWENTY-SIX. By January fifteenth,
two thousand [twenty-one] TWENTY-SEVEN, the commissioner shall approve
the proposed plan with any of the monitor's OR MONITORS' proposed amend-
ments, or make other modifications, [he or she] SUCH COMMISSIONER deems
appropriate. The board of education shall provide the commissioner with
any information [he or she] SUCH COMMISSIONER requests to approve such
plan within three business days of such request. Upon the approval of
the commissioner, the [financial] LONG-TERM STRATEGIC ACADEMIC AND
FISCAL IMPROVEMENT plan shall be deemed approved for purposes of this
act.
§ 7. Fiscal and operational oversight. 1. The board of education shall
annually submit the school district's proposed budget for the next
succeeding school year to the monitor OR MONITORS no later than March
first prior to the school district's annual budget vote. The monitor OR
MONITORS shall review the proposed budget to ensure that it, TO THE
GREATEST EXTENT POSSIBLE, is [balanced within the context of revenue and
expenditure estimates and mandated programs. The monitor shall also
review the proposed budget to ensure that it, to the greatest extent
possible, is consistent with the district financial plan developed and
approved pursuant to this act] CONSISTENT WITH THE LONG-TERM STRATEGIC
ACADEMIC AND FISCAL IMPROVEMENT PLAN DEVELOPED AND ADOPTED PURSUANT TO
S. 9008--C 110 A. 10008--C
THIS ACT. THE MONITOR OR MONITORS SHALL ALSO REVIEW THE PROPOSED BUDGET
TO ENSURE THAT IT IS BALANCED WITHIN THE CONTEXT OF REVENUE AND EXPENDI-
TURE ESTIMATES AND MANDATED PROGRAMS. The monitor OR MONITORS shall
present [his or her] THEIR findings to the board of education and the
commissioner no later than forty-five days prior to the date scheduled
for the school district's annual budget vote. The commissioner shall
require the board of education to make amendments to the proposed budget
consistent with any recommendations made by the monitor OR MONITORS if
the commissioner determines such amendments are necessary to comply with
the [financial] LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan
under this act. The school district shall make available on the
district's website: the initial proposed budget, the monitor's OR MONI-
TORS' findings, and the final proposed budget at least seven days prior
to the date of the school district's budget hearing. In the event of a
revote, the board of education, in conjunction with the monitor OR MONI-
TORS, shall develop and submit the school district's proposed budget for
the next succeeding school year to the commissioner no later than seven
days prior to the budget hearing. The board of education shall provide
the commissioner with any information [he or she] SUCH COMMISSIONER
requests in order to make a determination pursuant to this subdivision
within three business days of such request.
2. The district shall provide quarterly reports to the monitor OR
MONITORS and annual reports to the commissioner and board of regents on
the ACADEMIC, fiscal and operational status of the school district. In
addition, the monitor OR MONITORS shall provide semi-annual reports to
the commissioner, board of regents, the governor, the temporary presi-
dent of the senate, and the speaker of the assembly on the ACADEMIC,
fiscal and operational status of the school district. Such semi-annual
report shall include all the contracts that the district entered into
throughout the year.
3. The monitor OR MONITORS shall have the authority to disapprove
travel outside the state paid for by the district.
4. The monitor OR MONITORS shall work with the district's shared deci-
sion-making committee as defined in 8 NYCRR Part 100.11 in developing
AND REVISING the [financial] LONG-TERM STRATEGIC ACADEMIC AND FISCAL
IMPROVEMENT plan, district goals, implementation of district priorities
and budgetary recommendations.
5. The monitor OR MONITORS shall assist in resolving any disputes and
conflicts, including but not limited to, those between the superinten-
dent and the board of education and among the members of the board of
education.
6. The monitor OR MONITORS may recommend, and the board shall consider
by vote of a resolution at the next scheduled meeting of the board, cost
saving measures including, but not limited to, shared service agree-
ments.
§ 8. The commissioner may overrule any decision of the monitor OR
MONITORS, except for DECISIONS RELATED TO collective bargaining agree-
ments negotiated in accordance with article 14 of the civil service law,
if [he or she] SUCH COMMISSIONER deems that it is not aligned with the
[financial] LONG-TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT plan or
the school district's budget.
§ 9. The monitor OR MONITORS may notify the board and the commissioner
in writing when [he or she deems] THEY DEEM the district is violating an
element of the [financial] LONG-TERM STRATEGIC ACADEMIC AND FISCAL
IMPROVEMENT plan in this act. Within twenty days, the commissioner shall
determine whether the district is in violation of any of the elements of
S. 9008--C 111 A. 10008--C
the plan highlighted by the monitor OR MONITORS and shall order the
district to comply immediately with the plan and remedy any such
violation. The school district shall suspend all actions related to the
potential violation of the [financial] LONG-TERM STRATEGIC ACADEMIC AND
FISCAL IMPROVEMENT plan until the commissioner issues a determination.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to sections 3, 4, 5, 6, 7, 8 and 9 of chapter 18 of the
laws of 2020 made by section one of this act shall not affect the repeal
of such sections and shall be deemed repealed therewith.
PART XX
Section 1. Subdivisions a-1 and t of section 603 of the retirement and
social security law, subdivision a-1 as added and subdivision t as
amended by chapter 18 of the laws of 2012, are amended to read as
follows:
a-1. For members who first become a member of a public retirement
system of the state on or after April first, two thousand twelve, the
service retirement benefit specified in section six hundred four of this
article shall be payable to members who have met the minimum service
requirements upon retirement and have attained age sixty-three,
PROVIDED, HOWEVER, THAT MEMBERS OF THE NEW YORK STATE TEACHERS' RETIRE-
MENT SYSTEM OR THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM WHO FIRST
BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TWELVE MAY RETIRE WITHOUT REDUCTION OF THEIR RETIREMENT BENEFIT UPON
ATTAINMENT OF AT LEAST FIFTY-EIGHT YEARS OF AGE AND COMPLETION OF THIRTY
OR MORE YEARS OF SERVICE.
t. Members who join the New York state teachers' retirement system on
or after January first, two thousand ten, shall be eligible to retire
without reduction of [his or her] THEIR retirement benefit upon attain-
ment of at least fifty-seven years of age and completion of thirty or
more years of service. Members who retire pursuant to the provisions of
this subdivision shall be required to make the member contributions
required by subdivision g of section six hundred thirteen of this arti-
cle for all years of credited and creditable service. The provisions of
this subdivision shall not apply to members who first become a member of
the New York state teachers' retirement system on or after April first,
two thousand twelve, PROVIDED, HOWEVER, THAT MEMBERS OF THE NEW YORK
STATE TEACHERS' RETIREMENT SYSTEM OR THE NEW YORK CITY TEACHERS' RETIRE-
MENT SYSTEM WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE MAY RETIRE WITHOUT REDUCTION OF THEIR RETIRE-
MENT BENEFIT UPON ATTAINMENT OF AT LEAST FIFTY-EIGHT YEARS OF AGE AND
COMPLETION OF THIRTY OR MORE YEARS OF SERVICE.
§ 2. Subdivisions a and b-1 of section 604 of the retirement and
social security law, subdivision a as amended and subdivision b-1 as
added by chapter 18 of the laws of 2012, are amended to read as follows:
a. The service retirement benefit at normal retirement age for a
member with less than twenty years of credited service, or less than
twenty-five years credited service for a member who joins the New York
state teachers' retirement system on or after January first, two thou-
sand ten, shall be a retirement allowance equal to one-sixtieth of final
average salary times years of credited service. Normal retirement age
for members who first become members of a public retirement system of
the state on or after April first, two thousand twelve shall be age
sixty-three, PROVIDED, HOWEVER, THAT MEMBERS OF THE NEW YORK STATE
TEACHERS' RETIREMENT SYSTEM OR THE NEW YORK CITY TEACHERS' RETIREMENT
S. 9008--C 112 A. 10008--C
SYSTEM WHO FIRST BECAME MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST,
TWO THOUSAND TWELVE MAY RETIRE WITHOUT REDUCTION OF THEIR RETIREMENT
BENEFIT UPON ATTAINMENT OF AT LEAST FIFTY-EIGHT YEARS OF AGE AND
COMPLETION OF THIRTY OR MORE YEARS OF SERVICE.
b-1. Notwithstanding any other provision of law to the contrary, the
service retirement benefit for members with twenty or more years of
credit service who first become a member of a public retirement system
of the state on or after April first, two thousand twelve at age sixty-
three OR FOR MEMBERS OF THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM
OR THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM WHO FIRST BECAME
MEMBERS OF SUCH SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE UPON
ATTAINMENT OF AT LEAST FIFTY-EIGHT YEARS OF AGE AND COMPLETION OF THIRTY
OR MORE YEARS OF SERVICE, shall be a pension equal to the sum of thir-
ty-five per centum and one-fiftieth of final average salary for each
year of service in excess of twenty times final average salary times
years of credited service. In no event shall any retirement benefit
payable without optional modification be less than the actuarially
equivalent annuitized value of the member's contributions accumulated
with interest at five percent per annum compounded annually to the date
of retirement.
§ 3. Subdivision a of section 517 of the retirement and social securi-
ty law, as amended by chapter 18 of the laws of 2012 and the second
undesignated paragraph as amended by section 1 of part KK of chapter 55
of the laws of 2024, is amended to read as follows:
a. Members shall contribute three percent of annual wages to the
retirement system in which they have membership, provided that such
contributions shall not be required for more than thirty years, for
general members, or twenty-five years, for police/fire members, except
that beginning April first, two thousand thirteen for members who first
become members of the New York state and local employees' retirement
system on or after April first, two thousand twelve, the rate at which
each such member shall contribute in any current plan year (April first
to March thirty-first) shall be determined by reference to the wages of
such member in the second plan year (April first to March thirty-first)
preceding such current plan year as follows:
1. members with wages of forty-five thousand dollars per annum or less
shall contribute three per centum of annual wages;
2. members with wages greater than forty-five thousand DOLLARS per
annum, but not more than fifty-five thousand DOLLARS per annum shall
contribute three and one-half per centum of annual wages;
3. members with wages greater than fifty-five thousand DOLLARS per
annum, but not more than seventy-five thousand DOLLARS per annum shall
contribute four and one-half per centum of annual wages;
4. members with wages greater than seventy-five thousand DOLLARS per
annum but not more than one hundred thousand DOLLARS per annum shall
contribute five and three-quarters per centum of annual wages; and
5. members with wages greater than one hundred thousand DOLLARS per
annum shall contribute six per centum of annual wages.
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first) in which such member has
established membership in the New York state and local employees'
retirement system, such member shall contribute a percentage of annual
wages in accordance with the preceding schedule based upon a projection
of annual wages provided by the employer.
Notwithstanding the foregoing, when determining the rate at which each
such member who became a member of the New York state and local employ-
S. 9008--C 113 A. 10008--C
ees' retirement system on or after April first, two thousand twelve
shall contribute for any plan year (April first to March thirty-first)
between April first, two thousand twenty-two and April first, two thou-
sand [twenty-six] TWENTY-EIGHT, such rate shall be determined by refer-
ence to employees annual base wages of such member in the second plan
year (April first to March thirty-first) preceding such current plan
year, EXCEPT THAT BEGINNING ON AND AFTER OCTOBER FIRST, TWO THOUSAND
TWENTY-SIX, FOR MEMBERS WHO FIRST BECAME MEMBERS OF THE NEW YORK STATE
AND LOCAL EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO
THOUSAND TWELVE, THE CONTRIBUTIONS IN ANY CURRENT PLAN YEAR (APRIL FIRST
TO MARCH THIRTY-FIRST) SHALL BE DETERMINED BY REFERENCE TO THE BASE
WAGES OF SUCH MEMBER IN THE SECOND PLAN YEAR (APRIL FIRST TO MARCH THIR-
TY-FIRST) PRECEDING SUCH CURRENT PLAN YEAR AS FOLLOWS:
(I) MEMBERS WITH WAGES OF SEVENTY-FIVE THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
(II) MEMBERS WITH WAGES GREATER THAN SEVENTY-FIVE THOUSAND DOLLARS PER
ANNUM BUT NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FOUR PER CENTUM OF ANNUAL WAGES;
(III) MEMBERS WITH WAGES GREATER THAN ONE HUNDRED THOUSAND DOLLARS PER
ANNUM BUT NOT MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS PER
ANNUM SHALL CONTRIBUTE FIVE AND ONE-QUARTER PER CENTUM OF ANNUAL WAGES;
AND
(IV) MEMBERS WITH WAGES GREATER THAN ONE HUNDRED TWENTY-FIVE THOUSAND
DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE AND THREE-QUARTERS PER CENTUM OF
ANNUAL WAGES.
Base wages shall include regular pay, shift differential pay, location
pay, and any increased hiring rate pay, but FROM APRIL FIRST, TWO THOU-
SAND TWENTY-TWO THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT
shall not include any overtime payments.
The head of each retirement system shall promulgate such regulations
as may be necessary and appropriate with respect to the deduction of
such contribution from members' wages and for the maintenance of any
special fund or funds with respect to amounts so contributed.
§ 4. Subdivision a, the second undesignated paragraph of subdivision
f, and the second undesignated paragraph of subdivision g of section 613
of the retirement and social security law, subdivision a as amended by
chapter 10 of the laws of 2000, paragraphs 1 and 2 of subdivision a as
amended by chapter 510 of the laws of 2015, the second undesignated
paragraph of paragraph 1 of subdivision a, the second undesignated para-
graph of paragraph 2 of subdivision a, the second undesignated paragraph
of subdivision f and the second undesignated paragraph of subdivision g
as amended by section 2 of part KK of chapter 55 of the laws of 2024,
are amended to read as follows:
a. 1. Except as provided by paragraph two of this subdivision, members
shall contribute three percent of annual wages to the retirement system
in which they have membership, except that beginning April first, two
thousand thirteen for members who first become members of a public
retirement system of the state on or after April first, two thousand
twelve, the rate at which each such member shall contribute in any
current plan year (April first to March thirty-first, except for members
of the New York city employees' retirement system, New York city teach-
ers' retirement system and New York city board of education retirement
system, plan year shall mean January first through December thirty-first
commencing with the January first next succeeding the effective date of
the chapter of the laws of two thousand fifteen that amended this para-
graph) shall be determined by reference to the wages of such member in
S. 9008--C 114 A. 10008--C
the second plan year (April first to March thirty-first, except for
members of the New York city employees' retirement system, New York city
teachers' retirement system and New York city board of education retire-
ment system, plan year shall mean January first through December thir-
ty-first commencing with the January first next succeeding the effective
date of the chapter of the laws of two thousand fifteen that amended
this paragraph) preceding such current plan year as follows:
(i) members with wages of forty-five thousand dollars per annum or
less shall contribute three per centum of annual wages;
(ii) members with wages greater than forty-five thousand DOLLARS per
annum, but not more than fifty-five thousand DOLLARS per annum shall
contribute three and one-half per centum of annual wages;
(iii) members with wages greater than fifty-five thousand DOLLARS per
annum, but not more than seventy-five thousand DOLLARS per annum shall
contribute four and one-half per centum of annual wages;
(iv) members with wages greater than seventy-five thousand DOLLARS per
annum but not more than one hundred thousand DOLLARS per annum shall
contribute five and three-quarters per centum of annual wages; and
(v) members with wages greater than one hundred thousand DOLLARS per
annum shall contribute six per centum of annual wages.
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first, except for members of New York
city employees' retirement system, New York city teachers' retirement
system and New York city board of education retirement system, plan year
shall mean January first through December thirty-first commencing with
the January first next succeeding the effective date of chapter five
hundred ten of the laws of two thousand fifteen) in which such member
has established membership in a public retirement system of the state,
such member shall contribute a percentage of annual wages in accordance
with the preceding schedule based upon a projection of annual wages
provided by the employer. Notwithstanding the foregoing, when determin-
ing the rate at which each such member who became a member of the New
York state and local employees' retirement system, New York city employ-
ees' retirement system, New York city teachers' retirement system and
New York city board of education retirement system, on or after April
first, two thousand twelve shall contribute for any plan year (April
first to March thirty-first, except for members of the New York city
employees' retirement system, New York city teachers' retirement system
and New York city board of education retirement system, plan year shall
mean January first through December thirty-first commencing with January
first next succeeding the effective date of chapter five hundred ten of
the laws of two thousand fifteen) between April first, two thousand
twenty-two and April first, two thousand [twenty-six] TWENTY-EIGHT, such
rate shall be determined by reference to employees annual base wages of
such member in the second plan year (April first to March thirty-first)
preceding such current plan year, EXCEPT THAT BEGINNING ON AND AFTER
OCTOBER FIRST, TWO THOUSAND TWENTY-SIX, FOR MEMBERS OF THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY EMPLOY-
EES' RETIREMENT SYSTEM OTHER THAN THOSE ENROLLED IN A PLAN ESTABLISHED
PURSUANT TO SECTION SIX HUNDRED FOUR-C OF THIS ARTICLE, AS ORIGINALLY
ENACTED BY CHAPTER FOUR HUNDRED SEVENTY-TWO OF THE LAWS OF NINETEEN
HUNDRED NINETY-FIVE, AND MEMBERS OF THE NEW YORK CITY BOARD OF EDUCATION
RETIREMENT SYSTEM, WHO FIRST BECAME MEMBERS OF SUCH SYSTEMS ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE, THE CONTRIBUTIONS IN ANY CURRENT PLAN
YEAR (APRIL FIRST TO MARCH THIRTY-FIRST, EXCEPT FOR MEMBERS OF THE NEW
YORK CITY EMPLOYEES' RETIREMENT SYSTEM AND THE NEW YORK BOARD OF EDUCA-
S. 9008--C 115 A. 10008--C
TION RETIREMENT SYSTEM, PLAN YEAR SHALL MEAN JANUARY FIRST THROUGH
DECEMBER THIRTY-FIRST) SHALL BE DETERMINED BY REFERENCE TO THE BASE
WAGES OF SUCH MEMBER IN THE SECOND PLAN YEAR (APRIL FIRST TO MARCH THIR-
TY-FIRST, EXCEPT FOR MEMBERS OF THE NEW YORK CITY EMPLOYEES'
RETIREMENT SYSTEM AND THE NEW YORK CITY BOARD OF EDUCATION RETIREMENT
SYSTEM, PLAN YEAR SHALL MEAN JANUARY FIRST THROUGH DECEMBER THIRTY-
FIRST) PRECEDING SUCH CURRENT PLAN YEAR AS FOLLOWS:
(A) MEMBERS WITH WAGES OF SEVENTY-FIVE THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
(B) MEMBERS WITH WAGES GREATER THAN SEVENTY-FIVE THOUSAND DOLLARS PER
ANNUM BUT NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FOUR PER CENTUM OF ANNUAL WAGES;
(C) MEMBERS WITH WAGES GREATER THAN ONE HUNDRED THOUSAND DOLLARS PER
ANNUM BUT NOT MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS PER
ANNUM SHALL CONTRIBUTE FIVE AND ONE-QUARTER PER CENTUM OF ANNUAL WAGES;
AND
(D) MEMBERS WITH WAGES GREATER THAN ONE HUNDRED TWENTY-FIVE THOUSAND
DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE AND THREE-QUARTERS PER CENTUM OF
ANNUAL WAGES.
Base wages shall include regular pay, shift differential pay, location
pay, and any increased hiring rate pay, but FROM APRIL FIRST, TWO THOU-
SAND TWENTY-TWO THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT
shall not include any overtime payments or compensation earned for
extracurricular programs or any other pensionable earnings paid in addi-
tion to the annual base wages.
The head of each retirement system shall promulgate such regulations
as may be necessary and appropriate with respect to the deduction of
such contribution from members' wages and for the maintenance of any
special fund or funds with respect to amounts so contributed.
2. A member of the New York city employees' retirement system who is
eligible to be a participant in the twenty-five-year and age fifty-five
retirement program, as defined by paragraph five of subdivision a of
section six hundred four-b of this article shall contribute two percent
of annual wages to such system effective on the starting date of the
elimination of additional member contributions, as defined in an
election made pursuant to paragraph ten of subdivision e of section six
hundred four-b of this article, except that beginning April first, two
thousand thirteen for members who first become members of the New York
city employees' retirement system on or after April first, two thousand
twelve, the rate at which each such member shall contribute in any
current plan year (April first to March thirty-first, provided, however,
that plan year shall mean January first through December thirty-first
commencing with the January first next succeeding the effective date of
the chapter of the laws of two thousand fifteen that amended this para-
graph) shall be determined by reference to the wages of such member in
the second plan year (April first to March thirty-first, provided,
however, that plan year shall mean January first through December thir-
ty-first commencing with the January first next succeeding the effective
date of the chapter of the laws of two thousand fifteen that amended
this paragraph) preceding such current plan year as follows:
(i) members with wages of forty-five thousand dollars per annum or
less shall contribute three per centum of annual wages;
(ii) members with wages greater than forty-five thousand DOLLARS per
annum, but not more than fifty-five thousand DOLLARS per annum shall
contribute three and one-half per centum of annual wages;
S. 9008--C 116 A. 10008--C
(iii) members with wages greater than fifty-five thousand DOLLARS per
annum, but not more than seventy-five thousand DOLLARS per annum shall
contribute four and one-half per centum of annual wages;
(iv) members with wages greater than seventy-five thousand DOLLARS per
annum but not more than one hundred thousand DOLLARS per annum shall
contribute five and three-quarters per centum of annual wages; and
(v) members with wages greater than one hundred thousand DOLLARS per
annum shall contribute six per centum of annual wages.
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first, provided, however, that plan
year shall mean January first through December thirty-first commencing
with the January first next succeeding the effective date of chapter
five hundred ten of the laws of two thousand fifteen) in which such
member has established membership in the New York city employees'
retirement system, such member shall contribute a percentage of annual
wages in accordance with the preceding schedule based upon a projection
of annual wages provided by the employer. Notwithstanding the foregoing,
when determining the rate at which each such member who became a member
of, New York city employees' retirement system, on or after April first,
two thousand twelve shall contribute for any plan year (April first to
March thirty-first, provided, however, that plan year shall mean January
first through December thirty-first commencing with the January first
next succeeding the effective date of chapter five hundred ten of the
laws of two thousand fifteen) between April first, two thousand twenty-
two and April first, two thousand [twenty-six] TWENTY-EIGHT, such rate
shall be determined by reference to employees annual base wages of such
member in the second plan year (April first to March thirty-first)
preceding such current plan year.
Base wages shall include regular pay, shift differential pay, location
pay, and any increased hiring rate pay, but shall not include any over-
time payments.
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first) in which such member has
established membership in the New York state and local employees'
retirement system, such member shall contribute a percentage of annual
wages in accordance with the preceding schedule based upon a projection
of annual wages provided by the employer. Notwithstanding the foregoing,
when determining the rate at which each such member who became a member
of the New York state and local employees' retirement system on or after
April first, two thousand twelve shall contribute for any plan year
(April first to March thirty-first) between April first, two thousand
twenty-two and April first, two thousand [twenty-six] TWENTY-EIGHT, such
rate shall be determined by reference to employees annual base wages of
such member in the second plan year (April first to March thirty-first)
preceding such current plan year. Base wages shall include regular pay,
shift differential pay, location pay, and any increased hiring rate pay,
but FROM APRIL FIRST, TWO THOUSAND TWENTY-TWO THROUGH MARCH THIRTY-
FIRST, TWO THOUSAND TWENTY-EIGHT shall not include any overtime
payments.
Notwithstanding the foregoing, during each of the first three plan
years (July first to June thirtieth) in which such member has estab-
lished membership in the New York state teachers' retirement system,
such member shall contribute a percentage of annual wages in accordance
with the preceding schedule based upon a projection of annual wages
provided by the employer. Notwithstanding the foregoing, when determin-
ing the contribution rate at which a member of the New York state teach-
S. 9008--C 117 A. 10008--C
ers' retirement system with a date of membership on or after April
first, two thousand twelve shall contribute for plan years (July first
to June thirtieth) between July first, two thousand twenty-two and July
first, two thousand [twenty-six] TWENTY-EIGHT, such rate shall be deter-
mined by reference to the member's annual base wages in the second plan
year (July first to June thirtieth) preceding such current plan year.
Annual base wages FROM APRIL FIRST, TWO THOUSAND TWENTY-TWO THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT shall not include compen-
sation earned for extracurricular programs or any other pensionable
earnings paid in addition to the annual base wages.
§ 5. Section 1204 of the retirement and social security law, as
amended by chapter 18 of the laws of 2012 and the second undesignated
paragraph as amended by section 3 of part KK of chapter 55 of the laws
of 2024, is amended to read as follows:
§ 1204. Member contributions. Members who are subject to the
provisions of this article shall contribute three percent of annual
wages to the retirement system in which they have membership, except
that beginning April first, two thousand thirteen for members who first
become members of the New York state and local police and fire retire-
ment system on or after April first, two thousand twelve, the rate at
which each such member shall contribute in any current plan year (April
first to March thirty-first) shall be determined by reference to the
wages of such member in the second plan year (April first to March thir-
ty-first) preceding such current plan year as follows:
a. members with wages of forty-five thousand dollars per annum or less
shall contribute three per centum of annual wages;
b. members with wages greater than forty-five thousand DOLLARS per
annum, but not more than fifty-five thousand DOLLARS per annum shall
contribute three and one-half per centum of annual wages;
c. members with wages greater than fifty-five thousand DOLLARS per
annum, but not more than seventy-five thousand DOLLARS per annum shall
contribute four and one-half per centum of annual wages;
d. members with wages greater than seventy-five thousand DOLLARS per
annum but not more than one hundred thousand DOLLARS per annum shall
contribute five and three-quarters per centum of annual wages; and
e. members with wages greater than one hundred thousand DOLLARS per
annum shall contribute six per centum of annual wages.
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first) in which such member has
established membership in the New York state and local police and fire
retirement system, such member shall contribute a percentage of annual
wages in accordance with the preceding schedule based upon a projection
of annual wages provided by the employer. Notwithstanding the foregoing,
when determining the rate at which each such member who became a member
of the New York state and local police and fire retirement system on or
after April first, two thousand twelve shall contribute for any plan
year (April first to March thirty-first) between April first, two thou-
sand twenty-two and April first, two thousand [twenty-six] TWENTY-EIGHT,
such rate shall be determined by reference to employees annual base
wages of such member in the second plan year (April first to March thir-
ty-first) preceding such current plan year, EXCEPT THAT BEGINNING ON AND
AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-SIX, FOR MEMBERS WHO FIRST
BECAME MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIRE-
MENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE CONTRIB-
UTIONS IN ANY CURRENT PLAN YEAR (APRIL FIRST TO MARCH THIRTY-FIRST)
SHALL BE DETERMINED BY REFERENCE TO THE BASE WAGES OF SUCH MEMBER IN THE
S. 9008--C 118 A. 10008--C
SECOND PLAN YEAR (APRIL FIRST TO MARCH THIRTY-FIRST) PRECEDING SUCH
CURRENT PLAN YEAR AS FOLLOWS:
(I) MEMBERS WITH WAGES OF SEVENTY-FIVE THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
(II) MEMBERS WITH WAGES GREATER THAN SEVENTY-FIVE THOUSAND DOLLARS PER
ANNUM BUT NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FOUR PER CENTUM OF ANNUAL WAGES;
(III) MEMBERS WITH WAGES GREATER THAN ONE HUNDRED THOUSAND DOLLARS PER
ANNUM BUT NOT MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS PER
ANNUM SHALL CONTRIBUTE FIVE AND ONE-QUARTER PER CENTUM OF ANNUAL WAGES;
AND
(IV) MEMBERS WITH WAGES GREATER THAN ONE HUNDRED TWENTY-FIVE THOUSAND
DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE AND THREE-QUARTERS PER CENTUM OF
ANNUAL WAGES.
Base wages shall include regular pay, shift differential pay, location
pay, and any increased hiring rate pay, but FROM APRIL FIRST, TWO THOU-
SAND TWENTY-TWO THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT
shall not include any overtime payments. Effective April first, two
thousand twelve, all members subject to the provisions of this article
shall not be required to make member contributions on annual wages
excluded from the calculation of final average salary pursuant to
section twelve hundred three of this article. Nothing in this section,
however, shall be construed or deemed to allow members to receive a
refund of any member contributions on such wages paid prior to April
first, two thousand twelve.
Members who are enrolled in a retirement plan that limits the amount
of creditable service a member can accrue shall not be required to make
contributions pursuant to this section after accruing the maximum amount
of service credit allowed by the retirement plan in which they are
enrolled. The state comptroller shall promulgate such regulations as may
be necessary and appropriate with respect to the deduction of such
contribution from members' wages and for the maintenance of any special
fund or funds with respect to amounts so contributed. In no way shall
the member contributions made pursuant to this section be used to
provide for pension increases or annuities of any kind.
§ 6. Subdivisions 1 and 2 of section 182 of the education law, subdi-
vision 1 as amended by chapter 63 of the laws of 1993 and subdivision 2
as amended by chapter 18 of the laws of 2012, are amended to read as
follows:
1. Employer contributions. In the case of any electing employee
initially appointed on or before June thirtieth, nineteen hundred nine-
ty-two, the state shall, during continuance of [his] THEIR employment,
make contributions at the rate of nine percentum of that portion of
[his] THEIR state salary upon which contributions are or may hereafter
be paid to the secretary of the treasury of the United States pursuant
to article three of the retirement and social security law and at the
rate of twelve percentum of that portion of [his] THEIR state salary
above said amount, out of moneys which shall be appropriated to the
department for such purpose. In the case of any electing employee
initially appointed on or after July first, nineteen hundred ninety-two,
the state shall, during continuance of [his] THEIR employment, make
contributions at the rate of eight percentum of [his] THEIR state salary
during the first seven years of such employment and at the rate of ten
percentum of [his] THEIR state salary, thereafter, out of moneys which
shall be appropriated to the department for such purpose. For purposes
of this subdivision, that portion of the employee's salary upon which
S. 9008--C 119 A. 10008--C
contributions are paid to the secretary of the treasury of the United
States pursuant to article three of the retirement and social security
law shall not exceed sixteen thousand five hundred dollars, PROVIDED
HOWEVER, THAT EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-SIX, IN THE
CASE OF ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, WITH RESPECT TO EMPLOYEES OF THE STATE
UNIVERSITY AND THE ELECTING EMPLOYER, WITH RESPECT TO EMPLOYEES OF A
COMMUNITY COLLEGE, SHALL, DURING CONTINUANCE OF THEIR EMPLOYMENT, MAKE
CONTRIBUTIONS AT THE RATE OF NINE PERCENTUM OF THEIR SALARY DURING THE
FIRST SEVEN YEARS OF SUCH EMPLOYMENT AND AT THE RATE OF ELEVEN PERCENTUM
OF THEIR SALARY THEREAFTER, OUT OF MONIES WHICH SHALL BE APPROPRIATED TO
THE STATE UNIVERSITY OR WHICH SHALL BE AVAILABLE TO THE ELECTING EMPLOY-
ER FOR SUCH PURPOSE.
2. Employee contributions. In the case of any electing employee,
contributions at the rate of three per centum of [his] SUCH ELECTING
EMPLOYEE'S state salary shall be deducted by the state comptroller as
the employee contribution, provided however, that such employee contrib-
ution shall be made by the state in accordance with subdivision one of
this section during such period as (a) either section seventy-a of the
retirement and social security law or section five hundred twenty-eight
of this title provides that the contribution of each member of the New
York state employees' retirement system or the New York state teachers'
retirement system in the employ of the state shall be reduced by at
least eight per centum of [his] SUCH MEMBER'S compensation, or (b)
employee contributions to either such system are no longer required by
reason of such system becoming noncontributory for state employees.
Notwithstanding any other law to the contrary, beginning April first,
two thousand thirteen any electing employee appointed on or after April
first, two thousand twelve, the rate at which each such employee shall
contribute in any current plan year (January first to December thirty-
first) shall be determined by reference to the wages of such member in
the second plan year (January first to December thirty-first) preceding
such current plan year as follows:
(a) members with wages of forty-five thousand dollars per annum or
less shall contribute three per centum of annual wages;
(b) members with wages greater than forty-five thousand DOLLARS per
annum, but not more than fifty-five thousand DOLLARS per annum shall
contribute three and one-half per centum of annual wages;
(c) members with wages greater than fifty-five thousand DOLLARS per
annum, but not more than seventy-five thousand DOLLARS per annum shall
contribute four and one-half per centum of annual wages;
(d) members with wages greater than seventy-five thousand DOLLARS per
annum but not more than one hundred thousand DOLLARS per annum shall
contribute five and three-quarters per centum of annual wages; and
(e) members with wages greater than one hundred thousand DOLLARS per
annum shall contribute six per centum of annual wages.
Notwithstanding the foregoing, during each of the first three plan
years (January first to December thirty-first) in which such member has
established membership in the Education Department Optional Retirement
Program, such employee shall contribute a percent of annual wages in
accordance with the preceding schedule based upon a projection of annual
wages provided by the employer, PROVIDED, HOWEVER, THAT NOTWITHSTANDING
ANY OTHER LAW TO THE CONTRARY, ON AND AFTER OCTOBER FIRST, TWO THOUSAND
TWENTY-SIX, THE RATE AT WHICH ANY ELECTING EMPLOYEE WHO IS SUBJECT TO
THIS PARAGRAPH SHALL CONTRIBUTE IN ANY CURRENT PLAN YEAR (JANUARY FIRST
TO DECEMBER THIRTY-FIRST) SHALL BE DETERMINED BY REFERENCE TO THE
S. 9008--C 120 A. 10008--C
WAGES OF SUCH MEMBER IN THE SECOND PLAN YEAR (JANUARY FIRST TO DECEMBER
THIRTY-FIRST) PRECEDING SUCH CURRENT PLAN YEAR AS FOLLOWS:
(I) MEMBERS WITH WAGES OF SEVENTY-FIVE THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
(II) MEMBERS WITH WAGES GREATER THAN SEVENTY-FIVE THOUSAND DOLLARS PER
ANNUM BUT NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FOUR PER CENTUM OF ANNUAL WAGES;
(III) MEMBERS WITH WAGES GREATER THAN ONE HUNDRED THOUSAND DOLLARS PER
ANNUM BUT NOT MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS PER
ANNUM SHALL CONTRIBUTE FIVE AND ONE-QUARTER PER CENTUM OF ANNUAL WAGES;
AND
(IV) MEMBERS WITH WAGES GREATER THAN ONE HUNDRED TWENTY-FIVE THOUSAND
DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE AND THREE-QUARTERS PER CENTUM OF
ANNUAL WAGES.
§ 7. Subdivisions 1 and 1-a and paragraph (d) of subdivision 2 of
section 392 of the education law, subdivision 1 as amended by chapter 63
of the laws of 1993 and subdivision 1-a and paragraph (d) of subdivision
2 as added by chapter 18 of the laws of 2012, are amended to read as
follows:
1. Employer contributions. In the case of any electing employee
initially appointed on or before June thirtieth, nineteen hundred nine-
ty-two, the state, with respect to employees of state university, and
the electing employer, with respect to employees of a community college,
shall, during continuance of his employment, make contributions at the
rate of nine percentum of that portion of [his] THEIR salary upon which
contributions, if any, are or may hereafter be paid to the secretary of
the treasury of the United States pursuant to article three of the
retirement and social security law and at the rate of twelve percentum
of any portion of [his] THEIR salary upon which such contributions are
not paid, out of monies which shall be appropriated to state university
or which shall be available to the electing employer for such purpose.
In the case of any electing employee initially appointed on or after
July first, nineteen hundred ninety-two, the state, with respect to
employees of the state university and the electing employer, with
respect to employees of a community college, shall, during continuance
of [his] THEIR employment, make contributions at the rate of eight
percentum of [his] THEIR salary during the first seven years of such
employment and at the rate of ten percentum of [his] THEIR salary there-
after, out of monies which shall be appropriated to the state university
or which shall be available to the electing employer for such purpose,
PROVIDED HOWEVER, THAT EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-SIX,
IN THE CASE OF ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER
APRIL FIRST, TWO THOUSAND TWELVE, WITH RESPECT TO EMPLOYEES OF THE STATE
UNIVERSITY AND THE ELECTING EMPLOYER, WITH RESPECT TO EMPLOYEES OF A
COMMUNITY COLLEGE, SHALL, DURING CONTINUANCE OF THEIR EMPLOYMENT, MAKE
CONTRIBUTIONS AT THE RATE OF NINE PERCENTUM OF THEIR SALARY DURING THE
FIRST SEVEN YEARS OF SUCH EMPLOYMENT AND AT THE RATE OF ELEVEN PERCENTUM
OF THEIR SALARY THEREAFTER, OUT OF MONIES WHICH SHALL BE APPROPRIATED TO
THE STATE UNIVERSITY OR WHICH SHALL BE AVAILABLE TO THE ELECTING EMPLOY-
ER FOR SUCH PURPOSE. For purposes of this subdivision, that portion of
the employee's salary upon which contributions are or may thereafter be
paid to the secretary of the treasury of the United States pursuant to
article three of the retirement and social security law shall be deemed
not to exceed sixteen thousand five hundred dollars.
1-a. Employer contributions. In the case of any electing employee
excluded from or not encompassed within a negotiating unit within the
S. 9008--C 121 A. 10008--C
meaning of article fourteen of the civil service law initially hired on
or after July first, two thousand thirteen, the state and the electing
employer shall, during the continuance of [his or her] THEIR employment,
make contributions at the rate of eight per centum of [his or her] THEIR
salary, PROVIDED HOWEVER, THAT EFFECTIVE OCTOBER FIRST, TWO THOUSAND
TWENTY-SIX, THE STATE AND THE ELECTING EMPLOYER SHALL, DURING THE
CONTINUANCE OF THEIR EMPLOYMENT, MAKE CONTRIBUTIONS AT THE RATE OF NINE
PERCENTUM OF THEIR SALARY.
(d) Notwithstanding any other law to the contrary, beginning April
first, two thousand thirteen any electing employee appointed on or after
April first, two thousand twelve, the rate at which each such employee
shall contribute in any current plan year (January first to December
thirty-first) shall be determined by reference to the wages of such
member in the second plan year (January first to December thirty-first)
preceding such current plan year as follows:
(i) members with wages of forty-five thousand dollars per annum or
less shall contribute three per centum of annual wages;
(ii) members with wages greater than forty-five thousand DOLLARS per
annum, but not more than fifty-five thousand DOLLARS per annum shall
contribute three and one-half per centum of annual wages;
(iii) members with wages greater than fifty-five thousand DOLLARS per
annum, but not more than seventy-five thousand DOLLARS per annum shall
contribute four and one-half per centum of annual wages;
(iv) members with wages greater than seventy-five thousand DOLLARS per
annum but not more than one hundred thousand DOLLARS per annum shall
contribute five and three-quarters per centum of annual wages; and
(v) members with wages greater than one hundred thousand DOLLARS per
annum shall contribute six per centum of annual wages.
Notwithstanding the foregoing, during each of the first three plan
years (January first to December thirty-first) in which such member has
established membership in the State University Optional Retirement
Program, such employee shall contribute a percent of annual wages in
accordance with the preceding schedule based upon a projection of annual
wages provided by the employer, PROVIDED, HOWEVER, THAT NOTWITHSTANDING
ANY OTHER LAW TO THE CONTRARY, ON AND AFTER OCTOBER FIRST, TWO THOUSAND
TWENTY-SIX, THE RATE AT WHICH ANY ELECTING EMPLOYEE WHO IS SUBJECT TO
THIS PARAGRAPH SHALL CONTRIBUTE IN ANY CURRENT PLAN YEAR (JANUARY
FIRST TO DECEMBER THIRTY-FIRST) SHALL BE DETERMINED BY REFERENCE
TO THE WAGES OF SUCH MEMBER IN THE SECOND PLAN YEAR (JANUARY FIRST TO
DECEMBER THIRTY-FIRST) PRECEDING SUCH CURRENT PLAN YEAR AS FOLLOWS:
(I) MEMBERS WITH WAGES OF SEVENTY-FIVE THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
(II) MEMBERS WITH WAGES GREATER THAN SEVENTY-FIVE THOUSAND DOLLARS PER
ANNUM BUT NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FOUR PER CENTUM OF ANNUAL WAGES;
(III) MEMBERS WITH WAGES GREATER THAN ONE HUNDRED THOUSAND DOLLARS PER
ANNUM BUT NOT MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS PER
ANNUM SHALL CONTRIBUTE FIVE AND ONE-QUARTER PER CENTUM OF ANNUAL WAGES;
AND
(IV) MEMBERS WITH WAGES GREATER THAN ONE HUNDRED TWENTY-FIVE THOUSAND
DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE AND THREE-QUARTERS PER CENTUM OF
ANNUAL WAGES.
§ 8. Subdivision 1 and paragraph (d) of subdivision 2 of section 6252
of the education law, subdivision 1 as amended by chapter 63 of the laws
of 1993 and paragraph (d) of subdivision 2 as added by chapter 18 of the
laws of 2012, are amended to read as follows:
S. 9008--C 122 A. 10008--C
1. Employer contributions. In the case of any electing employee
initially appointed on or before June thirtieth, nineteen hundred nine-
ty-two, the city shall, during continuance of [his] THEIR employment,
makes contributions at the rate of nine percentum of that portion of
[his] THEIR city salary upon which contributions are or may hereafter be
paid to the secretary of the treasury of the United States pursuant to
article three of the retirement and social security law and at the rate
of twelve percentum of that portion of [his] THEIR city salary above
said amount, out of monies which shall be appropriated to the city
university for such purposes. In the case of any electing employee
initially appointed on or after July first, nineteen hundred ninety-two,
the city shall, during continuance of [his] THEIR employment, make
contributions at the rate of eight percentum of [his] THEIR city salary
during the first seven years of such employment and at the rate of ten
percentum of [his] THEIR city salary, thereafter, out of monies which
shall be appropriated to the city university for such purpose, PROVIDED
HOWEVER, THAT EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-SIX, IN THE
CASE OF ANY ELECTING EMPLOYEE INITIALLY APPOINTED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWELVE, THE CITY SHALL, DURING CONTINUANCE OF THEIR
EMPLOYMENT, MAKE CONTRIBUTIONS AT THE RATE OF NINE PERCENTUM OF THEIR
SALARY DURING THE FIRST SEVEN YEARS OF SUCH EMPLOYMENT AND AT THE RATE
OF ELEVEN PERCENTUM OF THEIR SALARY THEREAFTER, OUT OF MONIES WHICH
SHALL BE APPROPRIATED TO THE CITY UNIVERSITY FOR SUCH PURPOSE. For
purposes of this subdivision, that portion of the employee's salary upon
which contributions are or may thereafter be paid to the secretary of
the treasury of the United States pursuant to article three of the
retirement and social security law shall be deemed not to exceed sixteen
thousand five hundred dollars.
(d) Notwithstanding any other law to the contrary, beginning April
first, two thousand thirteen any electing employee appointed on or after
April first, two thousand twelve, the rate at which each such employee
shall contribute in any current plan year (January first to December
thirty-first) shall be determined by reference to the wages of such
member in the second plan year (January first to December thirty-first)
preceding such current plan year as follows:
(1) members with wages of forty-five thousand dollars per annum or
less shall contribute three per centum of annual wages;
(2) members with wages greater than forty-five thousand DOLLARS per
annum, but not more than fifty-five thousand DOLLARS per annum shall
contribute three and one-half per centum of annual wages;
(3) members with wages greater than fifty-five thousand DOLLARS per
annum, but not more than seventy-five thousand DOLLARS per annum shall
contribute four and one-half per centum of annual wages;
(4) members with wages greater than seventy-five thousand DOLLARS per
annum but not more than one hundred thousand DOLLARS per annum shall
contribute five and three-quarters per centum of annual wages; and
(5) members with wages greater than one hundred thousand DOLLARS per
annum shall contribute six per centum of annual wages.
Notwithstanding the foregoing, during each of the first three plan
years (January first to December thirty-first) in which such member has
established membership in the Board of Higher Education Optional Retire-
ment Program, such employee shall contribute a percent of annual wages
in accordance with the preceding schedule based upon a projection of
annual wages provided by the employer, PROVIDED, HOWEVER, THAT NOTWITH-
STANDING ANY OTHER LAW TO THE CONTRARY, ON AND AFTER OCTOBER FIRST, TWO
THOUSAND TWENTY-SIX, THE RATE AT WHICH ANY ELECTING EMPLOYEE WHO IS
S. 9008--C 123 A. 10008--C
SUBJECT TO THIS PARAGRAPH SHALL CONTRIBUTE IN ANY CURRENT PLAN YEAR
(JANUARY FIRST TO DECEMBER THIRTY-FIRST) SHALL BE DETERMINED BY REFER-
ENCE TO THE WAGES OF SUCH MEMBER IN THE SECOND PLAN YEAR (JANUARY
FIRST TO DECEMBER THIRTY-FIRST) PRECEDING SUCH CURRENT PLAN YEAR AS
FOLLOWS:
(I) MEMBERS WITH WAGES OF SEVENTY-FIVE THOUSAND DOLLARS PER ANNUM OR
LESS SHALL CONTRIBUTE THREE PER CENTUM OF ANNUAL WAGES;
(II) MEMBERS WITH WAGES GREATER THAN SEVENTY-FIVE THOUSAND DOLLARS PER
ANNUM BUT NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS PER ANNUM SHALL
CONTRIBUTE FOUR PER CENTUM OF ANNUAL WAGES;
(III) MEMBERS WITH WAGES GREATER THAN ONE HUNDRED THOUSAND DOLLARS PER
ANNUM BUT NOT MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS PER
ANNUM SHALL CONTRIBUTE FIVE AND ONE-QUARTER PER CENTUM OF ANNUAL WAGES;
AND
(IV) MEMBERS WITH WAGES GREATER THAN ONE HUNDRED TWENTY-FIVE THOUSAND
DOLLARS PER ANNUM SHALL CONTRIBUTE FIVE AND THREE-QUARTERS PER CENTUM OF
ANNUAL WAGES.
§ 9. Paragraph (c) of subdivision 24 of section 501 of the retirement
and social security law, as amended by chapter 368 of the laws of 2017,
is amended to read as follows:
(c)[(i)] The "overtime ceiling" shall mean fifteen thousand dollars
per annum on January first, two thousand ten, and shall be increased by
three percent each year thereafter, provided, however, that [for]:
(I) FOR members who first become members of the New York state and
local employees' retirement system on or after April first, two thousand
twelve, "overtime ceiling" shall mean fifteen thousand dollars per annum
on April first, two thousand twelve, and shall be increased each year
thereafter by a percentage to be determined annually by reference to the
consumer price index (all urban consumers, CPI-U, U.S. city average, all
items, 1982-84=100), published by the United States bureau of labor
statistics, for each applicable calendar year. Said percentage shall
equal the annual inflation as determined from the increase in the
consumer price index in the one year period ending on the December thir-
ty-first preceding the overtime ceiling adjustment effective on the
ensuing April first.
(ii) Commencing January first, two thousand eighteen, and each year
thereafter, the overtime ceiling percentage shall be increased by an
amount equal to the annual inflation as determined from the increase in
the consumer price index in the one year period ending on the September
thirtieth prior to the overtime ceiling adjustment effective on the
ensuing January first.
(III) COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, FOR MEMBERS
WHO FIRST BECOME MEMBERS OF SUCH SYSTEM ON OR AFTER JANUARY FIRST, TWO
THOUSAND TEN, THE "OVER-TIME CEILING" SHALL MEAN THIRTY THOUSAND DOLLARS
PER ANNUM AND SHALL BE INCREASED BY THREE PERCENT EACH YEAR THEREAFTER.
§ 10. Paragraph (c) of subdivision l of section 601 of the retirement
and social security law, as amended by chapter 368 of the laws of 2017,
is amended to read as follows:
(c) The "overtime ceiling" shall mean fifteen thousand dollars per
annum on January first, two thousand ten, and shall be increased by
three [per cent] PERCENT each year thereafter, provided, however, that:
(i) [for] FOR members who first become members of a public retirement
system of the state on or after April first, two thousand twelve, "over-
time ceiling" shall mean fifteen thousand dollars per annum on April
first, two thousand twelve, and shall be increased each year thereafter
by a percentage to be determined annually by reference to the consumer
S. 9008--C 124 A. 10008--C
price index (all urban consumers, CPI-U, U.S. city average, all items,
1982-84=100), published by the United States bureau of labor statistics,
for each applicable calendar year. Said percentage shall equal the annu-
al inflation as determined from the increase in the consumer price index
in the one year period ending on the December thirty-first preceding the
overtime ceiling adjustment effective on the ensuing April first.
(ii) Commencing January first, two thousand eighteen, and each year
thereafter, the overtime ceiling percentage shall be increased by an
amount equal to the annual inflation as determined from the increase in
the consumer price index in the one year period ending on the September
thirtieth prior to the overtime ceiling adjustment effective on the
ensuing January first.
(III) COMMENCING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, FOR MEMBERS
OF THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM OR THE
NEW YORK STATE TEACHERS' RETIREMENT SYSTEM WHO FIRST BECOME MEMBERS
OF SUCH SYSTEM ON OR AFTER JANUARY FIRST, TWO THOUSAND TEN AND FOR THE
NEW YORK CITY REVISED PLAN MEMBERS, "OVERTIME CEILING" SHALL MEAN THIRTY
THOUSAND DOLLARS PER ANNUM AND SHALL BE INCREASED BY THREE PERCENT EACH
YEAR THEREAFTER.
§ 11. Section 1203 of the retirement and social security law, as added
by section 1 of part A of chapter 504 of the laws of 2009, is amended to
read as follows:
§ 1203. Overtime. A member's final average salary shall be calculated
in accordance with such provisions of article eight or article eleven of
this chapter as govern the member's benefits, except that earnings clas-
sified as overtime compensation in an amount in excess of fifteen
percent of a member's annual wages not classified as overtime compen-
sation shall be excluded from such calculation, PROVIDED, HOWEVER,
MEMBERS WHO RETIRE ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN,
EARNINGS CLASSIFIED AS OVERTIME COMPENSATION IN AN AMOUNT IN EXCESS OF
TWENTY-FIVE PERCENT OF A MEMBER'S ANNUAL WAGES NOT CLASSIFIED AS OVER-
TIME COMPENSATION SHALL BE EXCLUDED FROM SUCH CALCULATION. "Overtime
compensation" shall mean, for purposes of this section, compensation
paid under any law or policy under which employees are paid at a rate
greater than their standard rate for additional hours worked beyond
those required, including compensation paid under section one hundred
thirty-four of the civil service law and section ninety of the general
municipal law.
§ 12. Nothing in this act shall be construed or deemed to allow
members to receive a refund of any member contributions made or
collected prior to the effective date of this act.
§ 13. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject to section 25 of the
retirement and social security law.
§ 14. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026; provided,
however, that section three, the amendments to subdivision a of section
613 of the retirement and social security law made by section four and
sections five, six, seven and eight of this act shall take effect Octo-
ber 1, 2026, and sections nine, ten and eleven of this act shall take
effect January 1, 2027.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would revise the benefit structure of Tier 5 and Tier 6
members in the New York State and Local Retirement System (NYSLRS).
S. 9008--C 125 A. 10008--C
(1) For Tier 6 members only, this bill would reduce member contrib-
ution rates, effective October 1, 2026. No member contributions paid
before this date will be refunded.
Wage Range
($ in thousands) Current Rate Proposed Rate
Less than 45 3.00% 3.00%
45 to 55 3.50% 3.00%
55 to 75 4.50% 3.00%
75 to 100 5.75% 4.00%
100 to 125 6.00% 5.25%
125 to 250 6.00% 5.75%
(2) When determining a member's contribution rate, overtime earnings
would be excluded from wages until the fiscal year beginning April 1,
2028. Thereafter, all pensionable earnings would be included.
(3) For Tier 5 and Tier 6 members, this bill would increase overtime
compensation included in the calculation of final average salary, effec-
tive January 1, 2027. Consequently, there will be an increase in the
pensionable earnings used in the calculation of member contributions and
an increase in the billable salary used to calculate employer contrib-
utions.
a. For members of the New York State and Local Employees' Retirement
System (NYSLERS), the overtime limit would increase to $30,000 and would
increase by 3% each calendar year thereafter. The current limits are
approximately $24,000 for Tier 5 members and $22,000 for Tier 6.
b. For members of the New York State and Local Police and Fire Retire-
ment System (NYSLPFRS), the overtime limit would increase to 25 percent
of annual wages. The current limit is 15 percent.
No other provisions included in this bill affect NYSLRS.
Insofar as this bill affects NYSLERS, the net present value of bene-
fits would increase by approximately $1.6 billion.
The provisions of Section 25 will not apply. Benefit improvements will
be funded by increasing the billing rates charged annually. The annual
contribution required by all participating employers in NYSLERS would
increase by 0.6% of billable salary, with Tier 6 billing rates increas-
ing 0.8% on average.
Systemwide, annual contributions would increase by approximately $90
million for the state of New York and $125 million for the local partic-
ipating employers. System average billing rates would increase from
approximately 17.6% to 18.2%.
Required contributions will increase significantly as Tier 6 grows.
Employer costs would vary according to plan coverage and salary reported
in Tier 6.
In addition to employers, NYSLERS members will pay contributions on
the $75 million in newly pensionable overtime earnings, generating
approximately $4 million in member contributions annually. The addi-
tional contributions will be paid exclusively by members with overtime
earnings more than the existing limits.
Insofar as this bill affects NYSLPFRS, the net present value of bene-
fits would increase by approximately $1.2 billion.
Benefit improvements would be funded by increasing the billing rates
charged annually. The annual billing rate required of all participating
employers in NYSLPFRS would increase by 0.8% of billable salary, with
Tier 6 billing rates increasing 1.0% on average.
Systemwide, annual contributions would increase approximately $15
million for the state of New York and $70 million for the local partic-
S. 9008--C 126 A. 10008--C
ipating employers. System average billing rates would increase from
36.5% to approximately 37.3%.
Required contributions will increase significantly as Tier 6 grows.
Employer costs would vary according to plan coverage and salary
reported.
In addition to employers, NYSLPFRS members will pay contributions on
the $60 million in newly pensionable overtime earnings, generating
approximately $3 million in member contributions annually. The addi-
tional contributions will be paid exclusively by members with overtime
earnings more than the existing 15% limit.
These estimated costs are based on members of Tiers 5 and 6 as of
March 31, 2025, comprised of 344,860 NYSLERS members with annual salary
of approximately $18 billion and 21,643 NYSLPFRS members with annual
salary of approximately $2.3 billion.
Summary of relevant resources:
Membership data as of March 31, 2025 was used to measure the impact of
the bill, the same data used in the Actuarial Valuations dated April 1,
2025. Distributions and other statistics can be found in the 2025 Report
of the Actuary and the 2025 Annual Comprehensive Financial Report. The
actuarial assumptions and methods used are described in the 2025 Annual
Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
and Regulations of the State of New York: Audit and Control. The fair
value of assets and GASB disclosures can be found in the 2025 Financial
Statements and Supplementary Information.
Assumptions, demographics, and other considerations may have been
modified to better reflect specific provisions of any proposed benefit
change(s).
This fiscal note does not constitute a legal opinion on the viability
of the bill, nor is it intended to serve as a substitute for the profes-
sional judgment of an attorney.
This estimate, dated May 19, 2026, and intended for use only during
the 2026 Legislative Session, is Fiscal Note Number 2026-230-R. As Chief
Actuary of the New York State and Local Retirement System (NYSLRS), I,
Aaron Schottin Young, hereby certify that this analysis complies with
applicable Actuarial Standards of Practice as well as the Code of
Professional Conduct and Qualification Standards for Actuaries Issuing
Statements of Actuarial Opinion of the American Academy of Actuaries, of
which I am a member. I am a member of NYSLRS but do not believe it
impairs my objectivity.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation, as it relates to Tier 6 members of
the New York City Retirement Systems and Pension Funds (NYCRS) would
give TRS members unreduced early retirement at age 58 with 30 years of
service, reduce required member contribution rates for certain NYCERS
and BERS members, and increase the Overtime Ceiling.
EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($ in Millions)
Year NYCERS TRS BERS TOTAL
2027 57.0 86.6 7.5 151.1
2028 61.7 90.4 8.0 160.1
2029 66.5 94.6 8.5 169.6
2030 71.2 99.1 9.1 179.4
2031 75.8 103.9 9.6 189.3
2032 80.5 109.1 10.2 199.8
2033 85.1 114.7 10.8 210.6
2034 89.8 120.7 11.3 221.8
S. 9008--C 127 A. 10008--C
2035 94.4 127.3 11.9 233.6
2036 98.9 134.2 12.6 245.7
2037 103.5 141.7 13.2 258.4
2038 108.0 149.6 13.8 271.4
2039 112.5 158.0 14.4 284.9
2040 116.9 166.8 15.1 298.8
2041 121.3 175.8 13.7 310.8
2042 104.3 185.2 14.3 303.8
2043 108.6 194.6 15.0 318.2
2044 112.8 166.7 15.6 295.1
2045 116.9 176.3 16.3 309.5
2046 120.9 185.7 17.0 323.6
2047 124.8 195.0 17.6 337.4
2048 128.6 204.1 18.3 351.0
2049 132.3 213.0 18.9 364.2
2050 135.8 221.8 19.6 377.2
2051 139.1 230.4 20.2 389.7
Projected contributions include future new hires that may be impacted.
For Fiscal Year 2052 and beyond, the expected increase in normal cost as
a level percent of pay for impacted new entrants is approximately 0.31%
for NYCERS, 0.66% for TRS, and 0.44% for BERS.
The initial increase in employer contributions of $151.1 million is
estimated to be $123.3 million for New York City and $27.8 million for
the other obligors of NYCRS.
PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
Future new hires are not included in this present value.
INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
as of June 30, 2025 ($ in Millions)
Present Value (PV) NYCERS TRS BERS
(1) PV of Employer Contributions: 606.2 991.1 83.8
(2) PV of Employee Contributions: (451.9) (210.9) (91.5)
Total PV of Benefits (1) + (2): 154.3 780.2 (7.8)
UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are
the portion of the Present Value of Benefits allocated to past service.
Changes in UAL were amortized over the expected remaining working life-
time of those impacted using level dollar payments.
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
NYCERS TRS BERS
Increase (Decrease) in UAL: 187.7 M 354.2 M 17.0 M
Number of Payments: 15 17 14
Amortization Payment: 21.3 M 37.5 M 2.0 M
CENSUS DATA: The estimates presented herein are based on preliminary
census data collected as of June 30, 2025. The census data for the
impacted population is summarized below.
NYCERS TRS BERS
Active Members
- Number Count: 99,619 71,364 37,490
- Average Age: 43.0 39.0 41.5
- Average Service: 5.2 5.7 2.2
S. 9008--C 128 A. 10008--C
- Average Salary: 87,100 86,500 37,900
IMPACT ON MEMBER BENEFITS: Currently, Tier 6 TRS members are eligible
for unreduced service retirement under the Tier 6 basic plan upon
attainment of age 63 with at least 5 years of credited service. Members
may retire as early as age 55 with a reduction of 6.5% for each year
that retirement precedes age 63.
Under the proposed legislation, Tier 6 TRS members would be eligible
for unreduced service retirement upon attainment of age 58 with at least
30 years of credited service.
IMPACT ON MEMBER CONTRIBUTIONS: Currently, Tier 6 members are general-
ly required to make Basic Member Contributions (BMC) ranging from 3% to
6% of annual wages, determined by the member's annual wages for the
second prior calendar year.
Under the proposed legislation, effective October 1, 2026, the
required BMC rates for Tier 6 NYCERS and BERS members, except for
members in the Tier 6 Transit 25-Year/Age 55 Retirement Plan or Tier 6
Triborough Bridge and Tunnel Authority 20-Year Retirement Plan, would be
reduced as shown in the table below.
Salary Band Current Rate Proposed Rate
$45,000 or less 3.00% 3.00%
$45,001 up to $55,000 3.50% 3.00%
$55,001 up to $75,000 4.50% 3.00%
$75,001 up to $100,000 5.75% 4.00%
$100,001 up to $125,000 6.00% 5.25%
Greater than $125,000 6.00% 5.75%
In addition, the current exclusion of overtime and compensation earned
for extracurricular activities from the annual wages used for the deter-
mination of the member's salary band for all Tier 6 members, which is
currently set to expire on January 1, 2027, would be extended to January
1, 2029.
IMPACT ON OVERTIME CEILING: Currently, the pensionable wages of
certain Tier 6 members are capped by an Overtime Ceiling which is
$21,589 in calendar year 2026 and increases annually based on future
cost of living increases.
Under the proposed legislation, the Tier 6 Overtime Ceiling would
increase to $30,000 for calendar year 2027 and would increase by 3% each
year thereafter. As a result, overtime earnings above the current Over-
time Ceiling, but below the proposed Overtime Ceiling, would be included
in determining member contribution rates and the annual contributions
paid by members.
Participants may be entitled to a higher annual pension benefit if
such earnings increase their Final Average Salary. Some members may make
larger employee contributions without earning additional benefits and
may be entitled to a refund as a result. Potential costs for such addi-
tional refunds are not included in this Fiscal Note.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the Revised 2021 Actuarial Assumptions and Methods
of the impacted retirement systems. In addition:
* The impact of the current and proposed Overtime Ceilings was modeled
based on the reported overtime for the last three fiscal years, with the
assumption that the historical proportion of earnings above each Over-
time Ceiling would remain consistent in future years
S. 9008--C 129 A. 10008--C
* Retirement rates were adjusted on and after age 58 and 30 years of
service for TRS to reflect the change in the plan provisions.
* New entrants were assumed to replace exiting members so that total
payroll increases by 3% each year for impacted groups. New entrant demo-
graphics were developed based on data for recent new hires and actuarial
judgement.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
graphics of the impacted population, and other factors such as invest-
ment, contribution, and other risks. If actual experience deviates from
actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
This Fiscal Note is intended to measure pension-related impacts and
does not include other potential costs (e.g., administrative costs,
costs related to changes in the Voluntary Defined Contribution Program,
or Other Postemployment Benefits). This Fiscal Note does not reflect any
chapter laws that may have been enacted during the current legislative
session.
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
sky are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS, but do not believe it impairs our
objectivity, and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our knowledge, the results contained herein have been
prepared in accordance with generally accepted actuarial principles and
procedures and with the Actuarial Standards of Practice issued by the
Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2026-88 dated May 18,
2026 was prepared by the Chief Actuary for the New York City Retirement
Systems and Pension Funds and is intended for use only during the 2026
Legislative Session.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
Bill Description:
This fiscal note is prepared for legislative bill draft #65723-05-6.
This bill would amend various sections of Retirement and Social Security
Law to permit Tier 6 members of the New York State Teachers' Retirement
System (NYSTRS) to retire with an unreduced benefit upon attainment of
at least age 58 and 30 years of service credit and reduce their required
employee contribution rate. Tier 6 members are currently unable to
retire with an unreduced benefit until attainment of age 63, regardless
of service credit.
This bill would also amend Section 613 of the Retirement and Social
Security Law to extend the period during which the calculation of the
employee contribution rate for Tier 6 members is to be determined using
only a member's annual base wages and would not include compensation
earned for extracurricular programs or any other pensionable earnings
paid in addition to the annual base wages. This provision would be
extended for two additional fiscal years, those ending June 30, 2027 and
June 30, 2028. The current expiration date of this provision is the
fiscal year ending June 30, 2026.
Cost:
The annual cost to the participating employers of the New York State
Teachers' Retirement System is estimated to be $94.9 million or 0.46% of
payroll if this bill is enacted.
S. 9008--C 130 A. 10008--C
The System's "new entrant rate," a hypothetical employer contribution
rate that would be charged if we started a new retirement system without
any assets, is equal to 5.52% of pay under the current Tier 6 benefit
structure. This can be thought of as the long-term expected employer
cost of Tier 6, based on current actuarial assumptions. For the proposed
change to the Tier 6 benefit structure under this bill, this new entrant
rate is estimated to increase to 5.95% of pay, an increase of 0.43% of
pay.
Data:
Member data as of June 30, 2025, prepared for the most recent actuari-
al valuation was used in determining this cost. The most recent data
distributions and statistics can be found in the System's Annual Report
for the fiscal year ended June 30, 2025. System assets are as reported
in the System's financial statements which can be found in the System's
Annual Report. This data will also be presented in the System's Actuari-
al Valuation Report as of June 30, 2025.
Methods and Assumptions:
A summary of actuarial assumptions and methods will be provided in the
System's Actuarial Valuation Report as of June 30, 2025. Further details
can be found in the most recent Recommended Actuarial Assumptions 2025
Report.
Actuarial Certification:
We, the undersigned actuaries for the New York State Teachers' Retire-
ment System, certify the following:
1. The actuarial assumptions, methods, and data used are reasonable
for the purposes of this fiscal note, internally consistent and are in
accordance with standards of practice prescribed by the Actuarial Stand-
ards Board and generally accepted actuarial principles and procedures.
2. We relied on member data supplied by the participating employers of
the New York State Teachers' Retirement System and assets as supplied in
the annual Financial Statements by NYSTRS' Finance Department.
3. Results were prepared based on our current understanding of the
proposal as of the date of this fiscal note. If the language or our
understanding of the proposal changes, the results could change and
require the issuance of a new fiscal note. The next annual update of the
actuarial valuation could also produce different results. Results should
not be relied upon for any other purpose.
4. This fiscal note was prepared in accordance with New York State
Retirement and Social Security Law, New York State Education Law, appli-
cable Internal Revenue Code, and accepted actuarial standards of prac-
tice as of the date of this fiscal note. This fiscal note does not
constitute a legal opinion on the viability of this legislative
proposal.
5. We are members of the American Academy of Actuaries and the Society
of Actuaries, and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
We are currently compliant with the Continuing Professional Development
Requirement of the Society of Actuaries.
Fiscal Note Identification:
This Fiscal Note, 2026-58, revised May 19, 2026, was prepared by the
Office of the Actuary of the New York State Teachers' Retirement System
and is intended for use only during the 2026 Legislative Session.
PART YY
S. 9008--C 131 A. 10008--C
Section 1. Section 13-638.2 of the administrative code of the city of
New York is amended by adding two new subdivisions k-3 and k-4 to read
as follows:
K-3. ALL INSTALLMENTS OF CONTRIBUTION RESULTING FROM ANY UNFUNDED
ACCRUED LIABILITY ESTABLISHED FOR ANY RETIREMENT SYSTEM PRIOR TO THE
ESTABLISHMENT OF THE UNFUNDED ACCRUED LIABILITY AS OF JUNE THIRTIETH,
TWO THOUSAND TWENTY-FOUR FOR THE RETIREMENT SYSTEMS PURSUANT TO THE
PROVISIONS OF PARAGRAPH ONE OF SUBDIVISION K-4 OF THIS SECTION WHICH ARE
PAYABLE TO ANY RETIREMENT SYSTEM ON OR AFTER JULY FIRST, TWO THOUSAND
TWENTY-FIVE ARE HEREBY CANCELED AND SHALL NOT BE DUE AND PAYABLE ON OR
AFTER SUCH JULY FIRST.
K-4. (1) (I) THE ACTUARY FOR EACH OF THE RETIREMENT SYSTEMS (AS
DEFINED IN PARAGRAPH ONE OF SUBDIVISION A OF THIS SECTION), UPON THE
BASIS OF THE LATEST MORTALITY AND OTHER TABLES APPLICABLE AT THE TIME
SUCH ACTUARY PERFORMS THE CALCULATIONS, AND THE VALUATION RATE OF INTER-
EST (AS DEFINED IN PARAGRAPH ELEVEN OF SUBDIVISION A OF THIS SECTION),
SHALL CALCULATE SEPARATELY FOR EACH OF THE RETIREMENT SYSTEMS, AS OF
JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR AND AS OF EACH SUCCEEDING JUNE
THIRTIETH, AN UNFUNDED ACCRUED LIABILITY FOR EACH OF THE RETIREMENT
SYSTEMS IN ACCORDANCE WITH THE SUCCEEDING SUBPARAGRAPHS OF THIS PARA-
GRAPH.
(II) THE ACTUARY SHALL CALCULATE, AS OF THE APPLICABLE JUNE THIRTIETH,
AN AMOUNT EQUAL TO THE SUM OF (A) THE TOTAL ACTUARIAL PRESENT VALUE OF
ALL BENEFITS PAYABLE BY THE RETIREMENT SYSTEM PURSUANT TO APPLICABLE
LAW, AS DETERMINED BY THE ACTUARY, AND (B) THE LIABILITY OF THE RETIRE-
MENT SYSTEM, AS DETERMINED BY THE ACTUARY, FOR AMOUNTS WHICH THE RETIRE-
MENT SYSTEM MAY BE REQUIRED BY APPLICABLE LAW TO PAY TO ANY OTHER FUND
ON ACCOUNT OF RELATED BENEFITS FINANCED THROUGH THE RETIREMENT SYSTEM,
WITHOUT A CORRESPONDING OFFSET IN THE LIABILITIES OF THE RETIREMENT
SYSTEM.
(III) THE UNFUNDED ACCRUED LIABILITY OF THE RETIREMENT SYSTEM AS OF
THE APPLICABLE JUNE THIRTIETH SHALL BE THE AMOUNT OBTAINED BY DEDUCTING
FROM THE AMOUNT OF SUCH TOTAL LIABILITY OF THE RETIREMENT SYSTEM ON
ACCOUNT OF BENEFITS, AS DETERMINED BY THE ACTUARY PURSUANT TO SUBPARA-
GRAPH (II) OF THIS PARAGRAPH, THE SUM OF:
(A) THE ACTUARIAL PRESENT VALUE OF ENTRY AGE NORMAL CONTRIBUTIONS
PAYABLE TO THE RETIREMENT SYSTEM, AS DETERMINED BY THE ACTUARY AS OF THE
APPLICABLE JUNE THIRTIETH IN A MANNER CONSISTENT WITH THE ENTRY AGE
ACTUARIAL COST METHOD, AND WITH THE APPLICABLE METHODOLOGIES SET FORTH
FOR NYCERS IN SUBPARAGRAPH (D) OF PARAGRAPH TWO OF SUBDIVISION B OF
SECTION 13-127 OF THIS TITLE, FOR THE PPF IN SUBPARAGRAPH (E) OF PARA-
GRAPH TWO OF SUBDIVISION B OF SECTION 13-228 OF THIS TITLE, FOR THE FPF
IN SUBPARAGRAPH (E) OF PARAGRAPH TWO OF SUBDIVISION B OF SECTION 13-331
OF THIS TITLE, FOR THE NYCTRS IN PARAGRAPH FIVE OF SUBDIVISION B OF
SECTION 13-527 OF THIS TITLE OR FOR BERS IN ITEM (V) OF SUBPARAGRAPH
FOUR OF PARAGRAPH (C) OF SUBDIVISION SIXTEEN OF SECTION TWENTY-FIVE
HUNDRED SEVENTY-FIVE OF THE EDUCATION LAW;
(B) THE PRESENT VALUE OF FUTURE MEMBER CONTRIBUTIONS OF ALL MEMBERS OF
THE RETIREMENT SYSTEM, AS DETERMINED BY THE ACTUARY AS OF THE APPLICABLE
JUNE THIRTIETH;
(C) THE TOTAL FUNDS ON HAND OF THE RETIREMENT SYSTEM FOR VALUATION
PURPOSES, AS DETERMINED BY THE ACTUARY AS OF THE APPLICABLE JUNE THIRTI-
ETH;
(D) THE PRESENT VALUE OF FUTURE INSTALLMENTS OF UNFUNDED ACCRUED
LIABILITY CONTRIBUTIONS TO BE PAID TO THE RETIREMENT SYSTEM AS OF THE
APPLICABLE JUNE THIRTIETH;
S. 9008--C 132 A. 10008--C
(E) THE PRESENT VALUE OF THE PENDING NORMAL CONTRIBUTION TO THE
RETIREMENT SYSTEM AS OF THE APPLICABLE JUNE THIRTIETH AS DETERMINED BY
THE ACTUARY AND ESTABLISHED IN THE VALUATION FOR THE PRIOR YEAR; AND
(F) THE PRESENT VALUE OF PENDING CONTRIBUTIONS TO THE RETIREMENT
SYSTEM FOR ADMINISTRATIVE EXPENSES IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION F OF SECTION 13-103 OF THIS TITLE FOR NYCERS, SUBDIVISION H
OF SECTION 13-216 OF THIS TITLE FOR THE PPF, SUBDIVISION H OF SECTION
13-316 OF THIS TITLE FOR THE FPF, SUBDIVISION D OF SECTION 13-518 OF
THIS TITLE FOR THE NYCTRS OR PARAGRAPH (E) OF SUBDIVISION TWENTY-THREE
OF SECTION TWENTY-FIVE HUNDRED SEVENTY-FIVE OF THE EDUCATION LAW FOR
BERS.
(IV) THE ACTUARY, IN DETERMINING THE UNFUNDED ACCRUED LIABILITY PURSU-
ANT TO THIS PARAGRAPH, MAY MAKE ANY ADJUSTMENTS WHICH SUCH ACTUARY DEEMS
APPROPRIATE DUE TO THE CALCULATION OF THE UNFUNDED ACCRUED LIABILITY AS
OF THE SECOND JUNE THIRTIETH PRECEDING THE FISCAL YEAR IN WHICH THE
FIRST INSTALLMENT OF SUCH UNFUNDED ACCRUED LIABILITY BECOMES PAYABLE OR
CREDITABLE.
(2) (I) THE UNFUNDED ACCRUED LIABILITY CALCULATED BY THE ACTUARY AS OF
JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR FOR EACH RETIREMENT SYSTEM
PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION SHALL BE KNOWN AS THE
"2024 UAL" OR, WITH RESPECT TO NYCERS AS THE "NYCERS 2024 UAL", WITH
RESPECT TO NYCTRS AS THE "NYCTRS 2024 UAL", WITH RESPECT TO THE PPF AS
THE "PPF 2024 UAL", WITH RESPECT TO THE FPF AS THE "FPF 2024 UAL" AND
WITH RESPECT TO BERS AS THE "BERS 2024 UAL".
(II) THE 2024 UAL FOR EACH RETIREMENT SYSTEM SHALL BE AMORTIZED IN
TWELVE ANNUAL INSTALLMENTS, AS DETERMINED BY THE ACTUARY, WITH PAYMENTS
COMMENCING WITH THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX
FISCAL YEAR. THE ACTUARY FOR EACH OF THE RETIREMENT SYSTEMS SHALL DETER-
MINE THE SCHEDULE OF CONTRIBUTION INSTALLMENTS SUCH THAT THE FIRST
INSTALLMENT IS EQUAL TO THE AMOUNT ACCRUED BY EACH OBLIGOR FOR THE TWO
THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX FISCAL YEAR REDUCED BY
ONE-TWELFTH OF THE PRELIMINARY ANNUAL CONTRIBUTION AND BY ANY DIFFERENCE
BETWEEN THE PRELIMINARY AND FINAL TOTAL ANNUAL CONTRIBUTION FOR THE SAME
FISCAL YEAR, AS DETERMINED BY THE ACTUARY, FOLLOWED BY ELEVEN EQUAL
ANNUAL INSTALLMENTS. ANY OVERPAYMENTS OF THE FIRST INSTALLMENT SHALL BE
APPLIED TO THE NEXT FISCAL YEAR WITHOUT INTEREST, AS DETERMINED BY THE
ACTUARY.
(3) NOTWITHSTANDING PARAGRAPH THREE OF SUBDIVISION K-2 OF THIS SECTION
OR ANY OTHER LAW TO THE CONTRARY, THE UNFUNDED ACCRUED LIABILITY CALCU-
LATED PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION BY THE ACTUARY AS OF
JUNE THIRTIETH, TWO THOUSAND TWENTY-FIVE, AND AS OF EACH SUCCEEDING JUNE
THIRTIETH, SHALL BE KNOWN AS A "POST-2024 UAL ADJUSTMENT". WITH RESPECT
TO EACH RETIREMENT SYSTEM, SUCH UNFUNDED ACCRUED LIABILITY SHALL BE
KNOWN BY THE NAME CONSISTING OF THE APPLICABLE ABBREVIATION FOR THE
RETIREMENT SYSTEM, AS DEFINED IN PARAGRAPH THREE, FOUR, FIVE, SIX OR
SEVEN OF SUBDIVISION A OF THIS SECTION, FOLLOWED BY THE CALENDAR YEAR AS
OF WHICH THE UNFUNDED ACCRUED LIABILITY WAS ESTABLISHED, FOLLOWED BY THE
TERM "UAL ADJUSTMENT". EACH POST-2024 UAL ADJUSTMENT SHALL BE AMORTIZED
IN THE SAME MANNER AND PERIOD AS PROVIDED IN SUBDIVISION K-2 OF THIS
SECTION RELATIVE TO POST-2010 UAL ADJUSTMENTS.
§ 2. Notwithstanding any provision of law to the contrary, the board
of trustees of each retirement system may elect the amortization sched-
ule established pursuant to subdivisions k-3 and k-4 of section 13-638.2
of the administrative code of the city of New York as added by section
one of this act. Upon such election by the board of trustees of such
electing retirement system, the actuary for such retirement system shall
S. 9008--C 133 A. 10008--C
implement such amortization schedule commencing with the two thousand
twenty-five--two thousand twenty-six fiscal year in determining the
employer contributions required for such retirement system. Absent an
election by the board of trustees of a retirement system within thirty
days of the effective date of this section, the amortization schedule
established pursuant to this section shall not apply to such retirement
system.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2025.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation (see Appendix), would modify the
existing amortization schedule for the Unfunded Accrued Liabilities
(UAL) of the New York City Retirement Systems and Pension Funds (NYCRS)
effective upon enactment and deemed to have been in effect on and after
July 1, 2025.
NYCRS TOTAL EMPLOYER CONTRIBUTION IMPACT
Due to Change in UAL Amortization Schedule ($ in Millions)
Fiscal Current Proposed Contribution
Year Schedule Schedule Impact
2026 6,471.3 5,423.2 (1,048.1)
2027 6,563.0 4,326.5 (2,236.5)
2028 6,744.1 4,326.5 (2,417.6)
2029 6,668.7 4,326.5 (2,342.2)
2030 6,941.8 4,326.5 (2,615.3)
2031 7,233.1 4,326.5 (2,906.6)
2032 7,429.8 4,326.5 (3,103.4)
2033 (747.0) 4,326.5 5,073.4
2034 (428.4) 4,326.5 4,754.9
2035 (718.1) 4,326.5 5,044.6
2036 (766.5) 4,326.5 5,093.0
2037 (13.3) 4,326.5 4,339.8
2038 51.5 0.0 (51.5)
2039 (228.6) 0.0 228.6
2040 178.5 0.0 (178.5)
2041 33.7 0.0 (33.7)
2042 25.8 0.0 (25.8)
2043 18.8 0.0 (18.8)
2044 0.0 0.0 0.0
Allocation of the impact above to New York City and other obligors of
NYCRS will vary by year. The initial decrease in employer contributions
of approximately $1.0 billion is estimated to be $884 million for New
York City and $164 million for the other obligors of NYCRS. Not shown
above are other contribution components, such as the Normal Cost and
Administrative Expenses, that are not impacted by the proposed legis-
lation.
EMPLOYER CONTRIBUTION IMPACT BY SYSTEM
Due to Change in UAL Amortization Schedule ($ in Millions)
Fiscal NYCERS TRS BERS POLICE FIRE TOTAL
Year
2026 (353.2) (312.4) (21.1) (232.8) (128.5) (1,048.1)
2027 (612.8) (945.1) (77.7) (296.3) (304.6) (2,236.5)
2028 (690.4) (925.3) (73.9) (401.5) (326.4) (2,417.6)
S. 9008--C 134 A. 10008--C
2029 (735.5) (744.6) (40.1) (477.0) (344.9) (2,342.2)
2030 (963.0) (703.7) (35.1) (552.2) (361.3) (2,615.3)
2031 (1,090.9) (695.6) (24.9) (707.2) (388.0) (2,906.6)
2032 (1,198.5) (877.0) (17.3) (710.1) (300.3) (3,103.4)
2033 1,551.4 1,643.6 121.3 1,087.5 669.6 5,073.4
2034 1,510.4 1,570.1 113.4 912.5 648.5 4,754.9
2035 1,780.4 1,586.5 66.0 945.3 666.3 5,044.6
2036 1,796.0 1,580.3 78.5 979.4 658.8 5,093.0
2037 1,559.2 1,277.0 36.9 850.9 615.8 4,339.8
2038 (120.2) 87.3 37.0 19.8 (75.4) (51.5)
2039 63.8 108.6 23.3 59.1 (26.2) 228.6
2040 0.0 (117.6) (35.7) (18.2) (7.0) (178.5)
2041 0.0 (19.9) 0.0 (6.8) (7.0) (33.7)
2042 0.0 (18.8) 0.0 0.0 (7.0) (25.8)
2043 0.0 (18.8) 0.0 0.0 0.0 (18.8)
2044 0.0 0.0 0.0 0.0 0.0 0.0
IMPACT ON EMPLOYER CONTRIBUTIONS: The proposed legislation would amend
the NYCRS UAL amortization schedule to a twelve-year schedule, bringing
forward charges and credits currently scheduled to occur after Fiscal
Year 2037. While the proposed changes will impact the timing of employer
contributions and interest on those contributions, there is no change to
the benefits paid and therefore no ultimate actuarial savings or cost.
PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
as of June 30, 2024 ($)
Present Value (PV) NYCERS TRS BERS POLICE FIRE
(1) PV of Employer
Contributions: 0.0 0.0 0.0 0.0 0.0
(2) PV of Employee
Contributions: 0.0 0.0 0.0 0.0 0.0
Total PV of Benefits
(1) + (2): 0.0 0.0 0.0 0.0 0.0
IMPACT ON UAL AMORTIZATION: Pursuant to Chapter 3 of the Laws of 2013,
an Initial UAL amortization base was established for each of the NYCRS
such that the annual amortization payments would increase by 3% per year
consistent with the expected annual increases in total payroll, with the
final payment scheduled to occur in Fiscal Year 2032.
Subsequent changes in the UAL have their own statutorily defined amor-
tization period, generally amortized using level dollar payments, with
those currently scheduled to Fiscal Years 2039 through 2043, depending
on the System.
The proposed legislation would re-amortize all outstanding UAL
balances as of June 30, 2024, adjusted for Fiscal Year 2025 employer
contributions already contributed, over a 12year period starting in
Fiscal Year 2026 such that the amortization payment for Fiscal Year 2026
is reduced by 1/12th of the preliminary annual amortization amount and
by any difference between the preliminary and final total annual
contribution for the same fiscal year, followed by eleven new level
dollar payments. Any resulting over-payments for Fiscal Year 2026 will
be applied to Fiscal Year 2027 without interest. New amortization bases
S. 9008--C 135 A. 10008--C
after June 30, 2024 for benefit, method, and assumption changes, and
actuarial gains and losses would continue to be added on an annual basis
in future years using the current statutorily required amortization
methods.
IMPACT ON ASSET SMOOTHING: This legislation has no impact on the
approach used to smooth investment gains and losses. The current asset
smoothing method phases in the recognition of investment gains and loss-
es over a five-year period. Once recognized, each investment gain or
loss is then amortized over 14 payments. The amortization of current
deferred investment gains and losses is not shown in the Current and
Proposed columns and has no impact on the change in employer contrib-
utions shown.
COST BASIS: The estimates presented herein are based on census data
collected as of June 30, 2024 and the Preliminary June 30, 2024 Actuari-
al Valuation, with known adjustments for subsequent events, such as data
corrections or other legislative changes. If enacted, this legislation
would impact and be reflected in the Final June 30, 2024 Actuarial Valu-
ation.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the actuarial assumptions and methods used for the
Final Fiscal Year 2026 employer contributions of NYCRS.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
graphics of the impacted population, and other factors such as invest-
ment, contribution, and other risks. If actual experience deviates from
actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
This Fiscal Note is intended to measure pension-related impacts and
does not include other potential costs (e.g., administrative and Other
Postemployment Benefits). This Fiscal Note does not reflect any chapter
laws that may have been enacted during the current legislative session.
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
sky are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS, but do not believe it impairs our
objectivity, and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our knowledge, the results contained herein have been
prepared in accordance with generally accepted actuarial principles and
procedures and with the Actuarial Standards of Practice issued by the
Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2026-73 dated May 3, 2026
was prepared by the Chief Actuary for the New York City Retirement
Systems and Pension Funds and is intended for use only during the 2026
Legislative Session.
PART ZZ
Section 1. Paragraph 2 of subdivision b of section 510 of the retire-
ment and social security law, as amended by chapter 18 of the laws of
2012, is amended and a new paragraph 2-a is added to read as follows:
2. The first day of the month following the date on which a member
completes or would have completed twenty-five years of credited service,
with respect to service retirement benefits for police/fire members and
their beneficiaries, New York city uniformed correction/sanitation
revised plan members and their beneficiaries or investigator revised
S. 9008--C 136 A. 10008--C
plan members and their beneficiaries, EXCEPT FOR UNIFORMED MEMBERS OF
THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND AND THEIR BENEFICIARIES.
2-A. THE FIRST DAY OF THE MONTH FOLLOWING THE DATE ON WHICH A MEMBER
COMPLETES OR WOULD HAVE COMPLETED TWENTY-THREE YEARS OF CREDITED
SERVICE, WITH RESPECT TO SERVICE RETIREMENT BENEFITS FOR UNIFORMED
MEMBERS OF THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation grants earlier Escalation eligibil-
ity for Tier 3 FIRE members who retire for service by allowing for Full
Escalation at 23 years of service, and commencement of partial esca-
lation for retirements with more than 20 years of service.
EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($ in Millions)
Year FIRE
2027 5.2
2028 5.6
2029 5.9
2030 6.3
2031 6.7
2032 7.2
2033 7.6
2034 8.1
2035 8.6
2036 9.1
2037 9.7
2038 10.2
2039 10.8
2040 11.5
2041 12.2
2042 12.6
2043 12.8
2044 11.4
2045 11.9
2046 12.3
2047 12.8
2048 13.4
2049 13.8
2050 14.1
2051 14.6
Projected contributions include future new hires that may be impacted.
For Fiscal Year 2052 and beyond, the expected increase in normal cost as
a level percent of pay for impacted new entrants is approximately 0.45%.
The entire increase in employer contributions will be allocated to New
York City.
PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
Future new hires are not included in this present value.
INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
as of June 30, 2025 ($ in Millions)
S. 9008--C 137 A. 10008--C
Present Value (PV) FIRE
(1) PV of Employer Contributions: 56.1
(2) PV of Employee Contributions: (1.8)
Total PV of Benefits (1) + (2): 54.3
UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are
the portion of the Present Value of Benefits allocated to past service.
Changes in UAL were amortized over the expected remaining working life-
time of those impacted using level dollar payments.
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
FIRE
Increase (Decrease) in UAL: 18.6 M
Number of Payments: 17
Amortization Payment: 2.0 M
CENSUS DATA: The estimates presented herein are based on preliminary
census data collected as of June 30, 2025. The census data for the
impacted population is summarized below.
FIRE
Active Members
- Number Count: 6,510
- Average Age: 34.5
- Average Service: 6.4
- Average Salary: 118,200
IMPACT ON MEMBER BENEFITS: Tier 3 FIRE members who retire for service
are potentially eligible for the following benefit adjustments after
retirement:
* Cost-of-Living Adjustments (COLA) which are based on 50% of the
change in Consumer Price Index (CPI), limited to between 1% and 3%, and
applied to the first $18,000 of the maximum retirement allowance.
* Escalation which is based on 100% of the change in CPI and is
applied to the entire benefit. Yearly increases (or decreases) are
limited to 3%, although any such excess is banked and applied cumula-
tively to the benefit in subsequent years. Members eligible for Esca-
lation are also eligible for COLA, if COLA is greater.
Currently, Tier 3 FIRE members who retire for service are eligible
for:
* Full Escalation, if commencing their service retirement benefit on
or after the date they attain (or would have attained) 25 years of
service.
* Partial Escalation, if commencing their service retirement benefit
up to three years prior to their Full Escalation date, wherein 1/36th of
Full Escalation is granted for each month that commencement succeeds 22
years of service.
* COLA, if commencing their service benefit at 22 years or fewer.
Under the proposed legislation, Tier 3 FIRE members who retire for
service would be eligible for:
* Full Escalation, if commencing their service retirement benefit on
or after the date they attain (or would have attained) 23 years of
service.
S. 9008--C 138 A. 10008--C
* Partial Escalation, if commencing their service retirement benefit
up to three years prior to their Full Escalation date, wherein 1/36th of
Full Escalation is granted for each month that commencement succeeds 20
years of service.
* COLA, if commencing their service benefit at 20 years or fewer.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the Revised 2021 Actuarial Assumptions and Methods
of the impacted retirement systems. In addition:
* Retirement rates were adjusted to reflect the earlier payability of
Full Escalation granted by the proposed legislation.
* New entrants were assumed to replace exiting members so that total
payroll increases by 3% each year for impacted groups. New entrant demo-
graphics were developed based on data for recent new hires and actuarial
judgement.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
graphics of the impacted population, and other factors such as invest-
ment, contribution, and other risks. If actual experience deviates from
actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
This Fiscal Note is intended to measure pension-related impacts and
does not include other potential costs (e.g., administrative and Other
Postemployment Benefits). This Fiscal Note does not reflect any chapter
laws that may have been enacted during the current legislative session.
This Fiscal Note does not include cost analyses relating to provisions
contained in Retirement and Social Security Law Section 500(c).
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
sky are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS, but do not believe it impairs our
objectivity, and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our knowledge, the results contained herein have been
prepared in accordance with generally accepted actuarial principles and
procedures and with the Actuarial Standards of Practice issued by the
Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2026-11 dated February
10, 2026 was prepared by the Chief Actuary for the New York City Retire-
ment Systems and Pension Funds and is intended for use only during the
2026 Legislative Session.
PART AAA
Section 1. The administrative code of the city of New York is amended
by adding a new section 15-110.1 to read as follows:
§ 15-110.1 LONGEVITY BONUSES. A. NOTWITHSTANDING ANY PROVISION OF LAW
TO THE CONTRARY, WHEN A MEMBER SHALL HAVE ACCRUED TWENTY-FIVE YEARS OF
UNIFORMED SERVICE WITH THE NEW YORK CITY FIRE DEPARTMENT, AND RETIRES IN
ANY RANK, THEY SHALL HAVE FIVE PER CENTUM OF THE HIGHEST GRADE OF PAY
UNDER THE APPLICABLE COLLECTIVE BARGAINING AGREEMENT OF SUCH RANK IN
WHICH THEY RETIRE, ADDED TO THE APPLICABLE SALARY USED FOR THE PURPOSES
OF COMPUTING PENSION BENEFITS UNDER THE PLAN IN WHICH THEY ARE ENROLLED
WITH THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND.
B. IN ADDITION TO THE INCREASE SET FORTH IN SUBDIVISION A OF THIS
SECTION, COMMENCING WITH THE TWENTY-SIXTH YEAR OF SERVICE AND FOR EACH
YEAR THEREAFTER, SUCH MEMBER SHALL RECEIVE AN ADDITIONAL ONE PER CENTUM
S. 9008--C 139 A. 10008--C
OF THE HIGHEST GRADE OF PAY UNDER THE APPLICABLE COLLECTIVE BARGAINING
AGREEMENT OF SUCH RANK IN WHICH THEY RETIRE FOR EACH YEAR EXCEEDING
TWENTY-FIVE YEARS, ADDED TO THE APPLICABLE SALARY USED FOR THE PURPOSES
OF COMPUTING PENSION BENEFITS UNDER THE PLAN IN WHICH THEY ARE ENROLLED
WITH THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND, PROVIDED, HOWEVER,
THAT THE TOTAL ADDITIONAL CREDIT PROVIDED BY THIS SUBDIVISION DOES NOT
EXCEED FIFTEEN PER CENTUM AND SHALL BE CAPPED UPON THE COMPLETION OF
THIRTY-FIVE YEARS OF UNIFORMED SERVICE WITH THE DEPARTMENT.
§ 2. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation, as it relates to the New York City
Fire Pension Fund (FIRE), would increase the salary used for determining
pension benefits for members who retire with at least 25 years of
uniformed FIRE service.
EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($ in Millions)
Year FIRE
2027 0.0
2028 3.2
2029 6.4
2030 9.8
2031 13.3
2032 16.8
2033 20.5
2034 24.3
2035 28.1
2036 32.0
2037 36.0
2038 40.0
2039 44.1
2040 48.2
2041 52.4
2042 53.6
2043 54.7
2044 55.8
2045 56.8
2046 57.9
2047 58.9
2048 60.0
2049 61.1
2050 62.2
2051 63.4
Employer Contribution impact beyond Fiscal Year 2051 is not shown.
Projected contributions are based on historical experience for Tier
2 members. Future retirement patterns may differ due to a shift in
population from Tier 2 to Tier 3.
The entire increase in employer contributions will be allocated to New
York City.
PRESENT VALUE OF BENEFITS: The Present Value of Benefits (PVFB) is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
S. 9008--C 140 A. 10008--C
The enactment of this proposed legislation is expected to increase the
PVFB by approximately $26.8 million in the first year and every year
thereafter, adjusted for inflation, group demographics, and the actual
experience of benefiting retirees. Each year's PVFB increase will be
recognized in the year benefits are first payable.
UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are
the portion of the Present Value of Benefits allocated to past service.
Changes in UAL were recognized as future gain/loss.
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
Recognized as Ongoing Gain/Loss FIRE
Increase (Decrease) in UAL: 26.8 M
Number of Payments: 14
Amortization Payment: 3.2 M
CENSUS DATA: The estimates presented herein are based on preliminary
census data collected as of June 30, 2025. The census data for FIRE
active members is summarized below.
FIRE
Active Members
- Number Count: 11,178
- Average Age: 40.3
- Average Service: 13.1
- Average Salary: 141,300
The 2024 salaries used in this analysis were provided by the Uniformed
Firefighters Association and are summarized below. The salaries were
increased with assumed inflation.
* Firefighters would use a highest grade of pay of $140,392.
* Lieutenants would use a highest grade of pay of $157,751.
* Captains would use a highest grade of pay of $179,842.
* Chiefs would use a highest grade of pay of $255,863.
* Marshals would use a highest grade of pay of $223,866.
* Medical Officers would use a highest grade of pay of $235,229.
Data from the prior eleven years of actuarial valuations was used to
estimate the number of retirees who could potentially benefit from this
proposed legislation each year and is summarized below.
Average Number Firefighters Lieutenants Captains Chiefs Marshals*
Number Retired
per Year
At least 25 but
less than 26 years of
service 17 5 3 1 1
At least 26 but
less than 27 years of
service 12 5 3 1 1
At least 27 but
less than 28 years of
service 10 5 2 1 1
At least 28 but
less than 29 years of
service 9 3 2 1 1
At least 29 but
S. 9008--C 141 A. 10008--C
less than 30 years of
service 7 5 3 1 1
At least 30 but
less than 31 years of
service 7 4 3 2 0
At least 31 but
less than 32 years of
service 7 2 2 3 1
At least 32 but
less than 33 years of
service 6 3 3 2 0
At least 33 but
less than 34 years of
service 4 2 2 2 0
At least 34 but
less than 35 years of
service 4 2 2 4 1
At least 35 years of
service 11 8 8 17 2
* Includes Medical officers.
IMPACT ON MEMBER BENEFITS: The proposed legislation would increase the
applicable salary used for computing pension benefits for members who
retire with at least 25 years of uniformed FIRE service.
The increase in applicable salary would be equal to:
* 5% for members with at least 25 years of service plus an additional
1% for each year of service exceeding 25, but not more than 15%, multi-
plied by
* The highest grade of pay under the applicable collective bargaining
agreement of the rank in which the member retires.
For example, a Tier 2 firefighter who retires with 32 years of
uniformed FIRE service would receive an increase in their annual pension
of approximately $10,143 (based on adding 12% of the highest pay grade
for firefighters with assumed overtime and salary inflation of $158,622
to the applicable salary used for the benefit calculation). Additional
benefits would then be subject to applicable Cost-of-Living or Esca-
lation increases.
Based on an estimate of the number of FIRE members who are expected to
be impacted by this proposed legislation, the annual increase in FIRE
pension benefits paid will be approximately $2.3 million in the first
year and increase in every year thereafter.
With respect to an individual member, the impact on benefits due to
this proposed legislation could vary greatly depending on the member's
age, years of service, retirement cause, and Tier.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the Revised 2021 Actuarial Assumptions and Methods
of the impacted retirement systems. In addition:
* New entrants were assumed to replace exiting members so that total
payroll increases by 3% each year for impacted groups. New entrant demo-
graphics were developed based on data for recent new hires and actuarial
judgement.
* Future contribution impacts have been developed assuming a homogene-
ous population and a consistent retirement pattern.
S. 9008--C 142 A. 10008--C
* Costs for Tier 3 members have been developed by applying the
increased salary directly to Final Average Salary (i.e., without limit-
ing salaries in the average based on prior years).
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
graphics of the impacted population and other factors such as invest-
ment, contribution, and other risks. If actual experience deviates from
actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
This Fiscal Note is intended to measure pension-related impacts and
does not include other potential costs (e.g., administrative and Other
Postemployment Benefits). This Fiscal Note does not reflect any chapter
laws that may have been enacted during the current legislative session.
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
sky are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS but do not believe it impairs our
objectivity and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our knowledge, the results contained herein have been
prepared in accordance with generally accepted actuarial principles and
procedures and with the Actuarial Standards of Practice issued by the
Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2026-12 dated February
10, 2026 was prepared by the Chief Actuary for the New York City Retire-
ment Systems and Pension Funds and is intended for use only during the
2026 Legislative Session.
PART BBB
Section 1. Pension system self-reports. (a) No later than twelve
months after the effective date of this act, the comptroller shall
submit a report to the superintendent of the department of financial
services, regarding the financial health of the New York state and local
retirement system. Such report shall include a summary of the current
provisions underlying the common retirement fund, the assumed rate of
return used by the system, an analysis of the stability and solvency of
the common retirement fund, the required level of annual employer and
employee contributions to the fund, the burden to employees and employ-
ers imposed by such contributions, and whether the common retirement
fund is adequately funded to provide required benefits to retirees and
current members. The report shall also include any specific recommenda-
tions for legislative and administrative correction that the comptroller
deems necessary.
(b) No later than twelve months after the effective date of this act,
the president of the board of the New York state teachers' retirement
system shall submit a report to the superintendent of the department of
financial services, regarding the financial health of the New York state
teachers retirement system. Such report shall include a summary of the
current provisions underlying the common retirement fund, the assumed
rate of return used by the system, an analysis of the stability and
solvency of the common retirement fund, the required level of annual
employer and employee contributions to the fund, the burden to employees
and employers imposed by such contributions, and whether the common
retirement fund is adequately funded to provide required benefits to
retirees and current members. The report shall also include any specific
S. 9008--C 143 A. 10008--C
recommendations for legislative and administrative correction that the
president deems necessary.
(c) No later than twelve months after the effective date of this act,
the comptroller of the city of New York shall submit a report to the
superintendent of the department of financial services, regarding the
financial health of the New York city employees retirement system, New
York city teachers retirement system, New York board of education
retirement system, New York city police pension fund, and New York city
fire pension fund. Such report shall include a summary of the current
provisions underlying the common retirement fund, the assumed rate of
return used by the system, an analysis of the stability and solvency of
the common retirement fund, the required level of annual employer and
employee contributions to the fund, the burden to employees and employ-
ers imposed by such contributions, and whether the common retirement
fund is adequately funded to provide required benefits to retirees and
current members. The report shall also include any specific recommenda-
tions for legislative and administrative correction that the president
deems necessary.
§ 2. Report by superintendent of the department of financial services.
No later than sixteen months after the effective date of this act, the
superintendent of the department of financial services shall submit a
report to the governor, the speaker of the assembly, and the temporary
president of the senate summarizing the information in the pension
system self-reports described in section one of this act. The report
shall include the reports provided to the superintendent pursuant to
section one of this act and may also include any analysis or further
recommendations for legislative or administrative correction that the
superintendent deems necessary.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed twenty-four months after such date.
PART CCC
Section 1. Subdivision b of section 448 of the retirement and social
security law is amended by adding a new paragraph 3 to read as follows:
3. PROVIDED FURTHER, NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTI-
CLE TO THE CONTRARY, WHERE THE MEMBER IS IN A TITLE AS DEFINED IN SUBDI-
VISION I OF SECTION EIGHTY-NINE OF THIS CHAPTER, AND WOULD HAVE BEEN
ENTITLED TO A SERVICE RETIREMENT BENEFIT AT THE TIME OF SUCH MEMBER'S
DEATH AND WHERE SUCH MEMBER'S DEATH OCCURS ON OR AFTER JULY FIRST, TWO
THOUSAND TWENTY-SIX, THE BENEFICIARY OR BENEFICIARIES NOMINATED FOR THE
PURPOSES OF THIS SUBDIVISION MAY ELECT TO RECEIVE, IN A LUMP SUM, AN
AMOUNT PAYABLE WHICH SHALL BE EQUAL TO THE PENSION RESERVE THAT WOULD
HAVE BEEN ESTABLISHED HAD THE MEMBER RETIRED ON THE DATE OF SUCH
MEMBER'S DEATH, OR THE VALUE OF THE DEATH BENEFIT AND THE RESERVE-FOR-
INCREASED-TAKE-HOME-PAY, IF ANY, WHICHEVER IS GREATER.
§ 2. Subdivision b of section 508 of the retirement and social securi-
ty law, as amended by chapter 476 of the laws of 2018, is amended to
read as follows:
b. A member of a retirement system subject to the provisions of this
article who is a police officer, firefighter, correction officer, inves-
tigator revised plan member or sanitation worker and is in a plan which
permits immediate retirement upon completion of a specified period of
service without regard to age or who is subject to the provisions of
section five hundred four or five hundred five of this article, shall
upon completion of ninety days of service be covered for financial
S. 9008--C 144 A. 10008--C
protection in the event of death in service pursuant to this subdivi-
sion.
1. Such death benefit shall be equal to three times the member's sala-
ry raised to the next highest multiple of one thousand dollars, but in
no event shall it exceed three times the maximum salary specified in
section one hundred thirty of the civil service law or, in the case of a
member of a retirement system other than the New York city employees'
retirement system, or in the case of a member of the New York city
employees' retirement system who is a New York city uniformed
correction/sanitation revised plan member or an investigator revised
plan member, the specific limitations specified for age of entrance into
service contained in subparagraphs (b), (c), (d), (e) and (f) of para-
graph two of subdivision a of this section.
2. PROVIDED FURTHER, NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTI-
CLE TO THE CONTRARY, WHERE THE MEMBER IS IN A TITLE AS DEFINED IN SUBDI-
VISION I OF SECTION EIGHTY-NINE OF THIS CHAPTER, AND WOULD HAVE BEEN
ENTITLED TO A SERVICE RETIREMENT BENEFIT AT THE TIME OF SUCH MEMBER'S
DEATH AND WHERE SUCH MEMBER'S DEATH OCCURS ON OR AFTER JULY FIRST, TWO
THOUSAND TWENTY-SIX, THE BENEFICIARY OR BENEFICIARIES NOMINATED FOR THE
PURPOSES OF THIS SUBDIVISION MAY ELECT TO RECEIVE, IN A LUMP SUM, AN
AMOUNT PAYABLE WHICH SHALL BE EQUAL TO THE PENSION RESERVE THAT WOULD
HAVE BEEN ESTABLISHED HAD THE MEMBER RETIRED ON THE DATE OF SUCH
MEMBER'S DEATH, OR THE VALUE OF THE DEATH BENEFIT AND THE RESERVE-FOR-
INCREASED-TAKE-HOME-PAY, IF ANY, WHICHEVER IS GREATER.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would modify the in-service death benefit for retirement
eligible members of the New York State and Local Employees' Retirement
System employed by the state of New York as correction officers and
security hospital treatment assistants. The in-service death benefit
will be the value of the pension reserve as if the member had retired on
their date of death.
We estimate that the state of New York's annual contributions will
increase $1.7 million beginning FYE 2027. Annual costs will vary but are
expected to average 0.1% of salary.
In addition, there will be an immediate past service cost of $25.6
million borne by the state of New York as a one-time payment. This cost
assumes that payment will be made on March 1, 2027.
These estimated costs are based on 14,529 affected members employed by
the State of New York, with annual salary of approximately $1.6 billion
as of March 31, 2025.
Summary of relevant resources:
Membership data as of March 31, 2025 was used to measure the impact of
the bill, the same data used in the Actuarial Valuations dated April 1,
2025. Distributions and other statistics can be found in the 2025 Report
of the Actuary and the 2025 Annual Comprehensive Financial Report. The
actuarial assumptions and methods used are described in the 2025 Annual
Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
and Regulations of the State of New York: Audit and Control. The fair
value of assets and GASB disclosures can be found in the 2025 Financial
Statements and Supplementary Information.
Assumptions, demographics, and other considerations may have been
modified to better reflect specific provisions of any proposed benefit
change(s).
S. 9008--C 145 A. 10008--C
This fiscal note does not constitute a legal opinion on the viability
of the bill, nor is it intended to serve as a substitute for the profes-
sional judgment of an attorney.
This estimate, dated January 5, 2026, and intended for use only during
the 2026 Legislative Session, is Fiscal Note Number 2026-18. As Chief
Actuary of the New York State and Local Retirement System (NYSLRS), I,
Aaron Schottin Young, hereby certify that this analysis complies with
applicable Actuarial Standards of Practice as well as the Code of Pro-
fessional Conduct and Qualification Standards for Actuaries Issuing
Statements of Actuarial Opinion of the American Academy of Actuaries, of
which I am a member. I am a member of NYSLRS but do not believe it
impairs my objectivity.
PART DDD
Section 1. Subdivisions a, c, g and h of section 383-e of the retire-
ment and social security law, as added by section 1 of part YY of chap-
ter 55 of the laws of 2025, are amended to read as follows:
a. Membership. Every non-seasonally appointed sworn member or officer
of the division of law enforcement in the department of environmental
conservation, a forest ranger in the service of the department of envi-
ronmental conservation, which shall mean a person who serves on a full-
time basis in the title of forest ranger I, forest ranger II, forest
ranger III, assistant superintendent of forest fire control, superinten-
dent of forest fire control or any successor titles or new titles in the
forest ranger title series in the department of environmental conserva-
tion, a police officer in the department of environmental conservation,
the regional state park police, and university police officers whose
date of membership is on or after July first, two thousand twenty-five
shall be covered by the provisions of this section. Every member
described in this subdivision in such service whose date of membership
is on or after January ninth, two thousand ten, but before July first,
two thousand twenty-five may irrevocably elect to be covered by the
provisions of this section by filing an election therefor with the comp-
troller. The deadline to make such election for every member described
in this subdivision in such service shall be [within one year of the
effective date of this section] DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-SIX or within one year of employment in an eligible title, which-
ever is later. To be effective, such election must be duly executed and
acknowledged on a form prepared by the comptroller for that purpose.
c. Credit for previous service. In computing the years of total cred-
itable service for each member described herein, full credit shall be
given and full allowance shall be made for service rendered as A MEMBER
OF A RETIREMENT PLAN ESTABLISHED PURSUANT TO SECTION THREE HUNDRED
EIGHTY-ONE-B OF THIS TITLE, a police officer or state university peace
officer or member of a police force or department of a state park
authority or commission or an organized police force or department of a
county, city, town, village, police district, authority or other partic-
ipating employer or member of the capital police force in the office of
general services while a member of the New York state and local police
and fire retirement system, of the New York state and local employees'
retirement system or of the New York city police pension fund and for
all service for which full credit has been given and full allowance made
pursuant to the provisions of section three hundred seventy-five-h of
this article provided, however, that full credit pursuant to the
provisions of such section shall mean only such service as would be
S. 9008--C 146 A. 10008--C
creditable service pursuant to the provisions of section three hundred
eighty-three, three hundred eighty-three-a, three hundred
eighty-three-b, as added by chapter six hundred seventy-four of the laws
of nineteen hundred eighty-six, three hundred eighty-three-b, as added
by chapter six hundred seventy-seven of the laws of nineteen hundred
eighty-six, three hundred eighty-three-c or three hundred eighty-three-d
of this title or pursuant to the provisions of title thirteen of the
administrative code of the city of New York for any member contributing
pursuant to this section who transferred to the jurisdiction of the
department of environmental conservation including but not limited to
environmental conservation officers and forest rangers, regional state
park police or state university of New York peace officers.
g. Employee contributions. 1. Notwithstanding any provisions of this
chapter to the contrary, any member currently enrolled pursuant to this
section shall be required to make employee contributions equal to the
amounts identified in this section. No other employee contributions
shall be required. Upon the date of enrollment in the plan provided by
this section, the rate at which each such member shall make basic member
contributions in any plan year (April first to March thirty-first) shall
be determined by reference to the wages of such member in the second
plan year (April first to March thirty-first) preceding such current
plan year as follows:
[1.] (A) members with wages of forty-five thousand dollars per annum
or less shall contribute four and one-half per centum of annual wages;
[2.] (B) members with wages greater than forty-five thousand DOLLARS
per annum, but not more than fifty-five thousand DOLLARS per annum shall
contribute five per centum of annual wages;
[3.] (C) members with wages greater than fifty-five thousand DOLLARS
per annum, but not more than seventy-five thousand DOLLARS per annum
shall contribute six per centum of annual wages;
[4.] (D) members with wages greater than seventy-five thousand DOLLARS
per annum but not more than one hundred thousand DOLLARS per annum shall
contribute seven and one-quarter per centum of annual wages; and
[5.] (E) members with wages greater than one hundred thousand DOLLARS
per annum shall contribute seven and one-half per centum of annual
wages.
Notwithstanding the foregoing, during each of the first three plan
years (April first to March thirty-first) in which such member has
established membership in the New York state and local police and fire
retirement system, such member shall contribute a percentage of annual
wages in accordance with the preceding schedule based upon a projection
of annual wages provided by the employer. Notwithstanding the foregoing,
when determining the rate at which members enrolled in the plan provided
by this section shall contribute for any plan year (April first to March
thirty-first) between April first, two thousand twenty-two and April
first, two thousand [twenty-six] TWENTY-EIGHT, such rate shall be deter-
mined by reference to employees annual base wages of such member in the
second plan year (April first to March thirty-first) preceding such
current plan year. Base wages shall include regular pay, shift differen-
tial pay, location pay, and any increased hiring rate pay, but shall not
include any overtime payments.
2. (A) EFFECTIVE JULY FIRST, TWO THOUSAND TWENTY-FIVE, ANY MEMBER
CURRENTLY ENROLLED PURSUANT TO THIS SECTION, WHO FIRST BECAME A MEMBER
OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM PRIOR
TO JULY FIRST, TWO THOUSAND TWENTY-FIVE, SHALL BE REQUIRED TO MAKE
S. 9008--C 147 A. 10008--C
EMPLOYEE CONTRIBUTIONS PURSUANT TO SECTION TWELVE HUNDRED FOUR OF THIS
CHAPTER. NO OTHER EMPLOYEE CONTRIBUTIONS SHALL BE REQUIRED.
(B) EFFECTIVE OCTOBER FIRST, TWO THOUSAND TWENTY-SIX, ANY MEMBER
CURRENTLY ENROLLED PURSUANT TO THIS SECTION, WHO FIRST BECAME A MEMBER
OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM ON OR
AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE, SHALL BE REQUIRED TO MAKE
EMPLOYEE CONTRIBUTIONS PURSUANT TO SECTION TWELVE HUNDRED FOUR OF THIS
CHAPTER. NO OTHER EMPLOYEE CONTRIBUTIONS SHALL BE REQUIRED.
h. The provisions of this section shall be controlling, notwithstand-
ing any provision of [this article] LAW to the contrary.
§ 2. Subdivisions a, c, d, and e of section 383-f of the retirement
and social security law, as added by section 1 of part YY of chapter 55
of the laws of 2025, are amended to read as follows:
a. Membership. Every non-seasonally appointed sworn member or officer
of the division of law enforcement in the department of environmental
conservation, a forest ranger in the service of the department of envi-
ronmental conservation, which shall mean a person who serves on a full-
time basis in the title of forest ranger I, forest ranger II, forest
ranger III, assistant superintendent of forest fire control, or any
successor titles or new titles in the forest ranger title series in the
department of environmental conservation, a police officer in the
department of environmental conservation, the regional state park
police, and university police officers whose date of membership is prior
to January ninth, two thousand ten may irrevocably elect to be covered
by the provisions of this section by filing an election therefor with
the comptroller. The deadline to make such election for every member
described in this subdivision in such service shall be [within one year
of the effective date of this section] DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY-SIX or within one year of employment in an eligible title,
whichever is later. Upon completion of twenty-five years of such service
and upon retirement, each such member shall receive a pension which,
together with an annuity, if any, which shall be the actuarial equiv-
alent of such member's accumulated contributions at the time of their
retirement and an additional pension which is the actuarial equivalent
of the reserve-for-increased-take-home-pay to which such member may then
be entitled, if any, shall be sufficient to provide such member with a
retirement allowance equal to fifty-five percent of their final average
salary. To be effective, such election must be duly executed and
acknowledged on a form prepared by the comptroller for such purpose.
c. Credit for previous service. In computing the years of total cred-
itable service for each member described herein, full credit shall be
given and full allowance shall be made for service rendered as A MEMBER
OF A RETIREMENT PLAN ESTABLISHED PURSUANT TO SECTION THREE HUNDRED
EIGHTY-ONE-B OF THIS TITLE, a police officer or state university peace
officer or member of a police force or department of a state park
authority or commission or an organized police force or department of a
county, city, town, village, police district, authority or other partic-
ipating employer or member of the capital police force in the office of
general services while a member of the New York state and local police
and fire retirement system, of the New York state and local employees'
retirement system or of the New York city police pension fund and for
all service for which full credit has been given and full allowance made
pursuant to the provisions of section three hundred seventy-five-h of
this article provided, however, that full credit pursuant to the
provisions of such section shall mean only such service as would be
creditable service pursuant to the provisions of section three hundred
S. 9008--C 148 A. 10008--C
eighty-three, three hundred eighty-three-a, three hundred
eighty-three-b, as added by chapter six hundred seventy-four of the laws
of nineteen hundred eighty-six, three hundred eighty-three-b, as added
by chapter six hundred seventy-seven of the laws of nineteen hundred
eighty-six, three hundred eighty-three-c or three hundred eighty-three-d
of this title or pursuant to the provisions of title thirteen of the
administrative code of the city of New York for any member contributing
pursuant to this section who transferred to the jurisdiction of the
department of environmental conservation including but not limited to
environmental conservation officers and forest rangers, regional state
park police or state university of New York peace officers.
d. Employee contributions. Notwithstanding any provisions of this
chapter to the contrary, any member currently enrolled pursuant to this
section shall be required to make employee contributions equal to one
and one-half per centum of annual wages, PROVIDED, HOWEVER, THAT BEGIN-
NING ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE, ANY MEMBER
CURRENTLY ENROLLED PURSUANT TO THIS SECTION SHALL HAVE NO SUCH EMPLOYEE
CONTRIBUTIONS.
e. The provisions of this section shall be controlling, notwithstand-
ing any provision of [this article] LAW to the contrary.
§ 3. No employee contributions made by a member of a public retirement
system prior to the effective date of this act shall be refunded as a
result of this act becoming a law.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026; provided
however, that subparagraph (a) of paragraph 2 of subdivision g of
section 383-e of the retirement and social security law as added by
section one of this act and the amendment to subdivision d of section
383-f of the retirement and social security law made by section two of
this act shall take effect July 1, 2025; and provided, further, that
subparagraph (b) of paragraph 2 of subdivision g of section 383-e of the
retirement and social security law as added by section one of this act
shall take effect October 1, 2026. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would improve the benefits of (non-Trooper) state police in
the New York State and Local Police and Fire Retirement System
(NYSLPFRS), covered under sections 383-e and 383-f of the retirement and
social security law (RSSL), to:
(1) Reduce member contributions by 1.5% of pensionable wages, with
Tier 5 member contributions further reduced to an overall rate of 3.0%.
This reduction would be effective July 1, 2025 for members of NYSLPFRS
prior to that date, and October 1, 2026 otherwise. Member contributions
paid prior to the effective date will not be refunded. Currently, all
these members contribute at least 1.5% greater than other members in
NYSLPFRS.
(2) Allow benefit accruals to continue until attaining 35 years of
service credit effective April 1, 2026. Currently, accruals cease at 32
years.
(3) Allow prior service as a state trooper under section 381-b to be
creditable. Currently, this service is not creditable in 383-e and
383-f.
Insofar as this bill affects NYSLPFRS, the net present value of bene-
fits would increase by approximately $24 million.
S. 9008--C 149 A. 10008--C
Benefit improvements would be funded by increasing the billing rates
charged annually. Billing rates in affected plans would increase approx-
imately 6.9% in Tier 5 and 2.6% in other Tiers. Annual contributions
would increase approximately $4.0 million to the state of New York.
In addition to the annual contributions discussed above, there will be
an immediate past service cost of approximately $10 million which will
be borne by the state of New York as a one-time payment. This estimate
assumes that payment will be made on March 1, 2027.
These estimated costs are based on 1,233 affected members employed by
the state of New York, with annual salary of approximately $133 million
as of March 31, 2025.
Summary of relevant resources:
Membership data as of March 31, 2025 was used to measure the impact of
the bill, the same data used in the Actuarial Valuations dated April 1,
2025. Distributions and other statistics can be found in the 2025 Report
of the Actuary and the 2025 Annual Comprehensive Financial Report. The
actuarial assumptions and methods used are described in the 2025 Annual
Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules
and Regulations of the State of New York: Audit and Control. The fair
value of assets and GASB disclosures can be found in the 2025 Financial
Statements and Supplementary Information.
Assumptions, demographics, and other considerations may have been
modified to better reflect specific provisions of any proposed benefit
change(s).
This fiscal note does not constitute a legal opinion on the viability
of the bill, nor is it intended to serve as a substitute for the profes-
sional judgment of an attorney.
This estimate, dated May 20, 2026, and intended for use only during
the 2026 Legislative Session, is Fiscal Note Number 2026-220. As Chief
Actuary of the New York State and Local Retirement System (NYSLRS), I,
Aaron Schottin Young, hereby certify that this analysis complies with
applicable Actuarial Standards of Practice as well as the Code of
Professional Conduct and Qualification Standards for Actuaries Issuing
Statements of Actuarial Opinion of the American Academy of Actuaries, of
which I am a member. I am a member of NYSLRS but do not believe it
impairs my objectivity.
PART EEE
Section 1. Short title. This act shall be known and may be cited as
the "Didarul Islam police recruitment act".
§ 2. Paragraph 2 of subdivision c of section 513 of the retirement and
social security law is amended by adding a new subparagraph (iv) to read
as follows:
(IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
MEMBER OF THE NEW YORK CITY POLICE PENSION FUND SUBJECT TO THIS ARTICLE
SHALL BE ELIGIBLE TO OBTAIN CREDIT FOR ANY PERIOD OF SERVICE RENDERED AS
A NEW YORK CITY SCHOOL SAFETY AGENT OR SUPERVISOR OF SCHOOL SAFETY
AGENTS, A NEW YORK CITY CORRECTIONS OFFICER OR SUPERVISOR OF NEW YORK
CITY CORRECTIONS OFFICERS, A NEW YORK CITY TRAFFIC ENFORCEMENT AGENT OR
SUPERVISOR OF TRAFFIC ENFORCEMENT AGENTS, OR IN THE NEW YORK CITY POLICE
DEPARTMENT CADET PROGRAM IN THE TITLE OF POLICE CADET PROGRAM OR POLICE
CADET PROGRAM II, WHICH IMMEDIATELY PRECEDES SERVICE IN THE UNIFORMED
FORCE OF THE NEW YORK CITY POLICE DEPARTMENT, AND SUCH SERVICE SHALL BE
DEEMED TO BE IN SERVICE OF THE UNIFORMED FORCE OF THE NEW YORK CITY
POLICE DEPARTMENT FOR PURPOSES OF ELIGIBILITY FOR BENEFITS AND TO DETER-
S. 9008--C 150 A. 10008--C
MINE THE AMOUNT OF BENEFITS UNDER THE NEW YORK CITY POLICE PENSION FUND,
PROVIDED THAT SUCH MEMBER PAYS OR TRANSFERS INTO THE NEW YORK CITY
POLICE PENSION FUND ALL MEMBER CONTRIBUTIONS SET FORTH IN SECTION FIVE
HUNDRED SEVENTEEN OF THIS ARTICLE PLUS INTEREST, AT A RATE OF FIVE
PERCENT PER ANNUM. FOR A MEMBER WHO TRANSFERS SUCH CONTRIBUTIONS FROM
THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM TO THE NEW YORK CITY
POLICE PENSION FUND OR FOR A MEMBER WHO WITHDRAWS SUCH CONTRIBUTIONS
FROM THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, SUCH MEMBER'S
MEMBERSHIP IN THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM SHALL CEASE
UPON SUCH TRANSFER OR WITHDRAWAL AND SUCH MEMBER SHALL RETAIN NO CREDIT-
ED SERVICE IN SUCH SYSTEM.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation would provide eligible Tier 3 New
York City Police Pension Fund (POLICE) members with credit for prior
service as a correction officer, traffic enforcement agent, school safe-
ty agent, or police cadet that immediately precedes POLICE membership.
EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($ in Millions)
Year NYC
2027 34.7
2028 35.9
2029 37.1
2030 38.3
2031 39.3
2032 40.1
2033 40.9
2034 41.8
2035 42.6
2036 43.3
2037 44.1
2038 45.0
2039 45.8
2040 46.6
2041 47.4
2042 20.5
2043 21.3
2044 21.8
2045 22.1
2046 22.7
2047 23.8
2048 25.1
2049 26.3
2050 27.5
2051 28.9
Projected contributions include future new hires that may be impacted.
For Fiscal Year 2052 and beyond, the expected increase in normal cost
as a level percent of pay for impacted new entrants is approximately
1.56% for each year of service purchased or transferred.
The entire increase in employer contributions will be allocated to New
York City.
S. 9008--C 151 A. 10008--C
PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
Future new hires are not included in this present value.
INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
as of June 30, 2025 ($ in Millions)
Present Value (PV) NYC
(1)PV of Employer Contributions: 261.2
(2)PV of Employee Contributions: 0.7
Total PV of Benefits (1)+(2): 261.9
UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are
the portion of the Present Value of Benefits allocated to past service.
Changes in UAL were amortized over the expected remaining working life-
time of those impacted using level dollar payments.
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
NYC
Increase (Decrease) in UAL: 244.3M
Number of Payments: 15
Amortization Payment: 27.7M
CENSUS DATA: The estimates presented herein are based on preliminary
census data collected as of June 30, 2025 and was supplemented with data
previously provided by the Police Benevolent Association. The census
data for the impacted population is summarized below.
POLICE
Active Members
- Number Count: 3,159
- Average Age: 33.2
- Average Current Uniform Service: 5.3
- Average Additional Service: 2.6
- Average Salary: 117,100
For the purposes of this Fiscal Note, and due to a lack of sufficient
data, it was assumed that service earned under the eligible titles was
immediately preceding such members' POLICE service and would therefore
be eligible for credit under the proposed legislation.
IMPACT ON MEMBER BENEFITS AND CONTRIBUTIONS: To receive service cred-
it, eligible POLICE members will need to transfer or pay the applicable
member contributions that would have otherwise been required.
Prior service may be used to determine the initial date of POLICE
membership for plan or tier eligibility and would be included in the
minimum service required for eligibility and payment of retirement bene-
fits.
ASSUMPTIONS AND METHODS: The estimates presented herein have been
calculated based on the Revised 2021 Actuarial Assumptions and Methods
of the impacted retirement systems. In addition:
* New entrants were assumed to replace exiting members so that total
payroll increases by 3% each year for impacted groups. New entrant demo-
graphics were developed based on data for recent new hires and actuarial
judgement.
S. 9008--C 152 A. 10008--C
* Each year, 10% of new entrants are assumed to purchase an average of
2.0 years of prior service. For the purposes of this Fiscal Note, new
entrant costs have been shown assuming that the entirety of the cost
would be funded via normal cost.
To determine the impact of the elective nature of the proposed legis-
lation, a subgroup of eligible members was developed based on who is
assumed to benefit actuarially by comparing the net present value of
future employer costs of each member's benefit before and after the
assumed transfer or purchase of eligible non-uniformed service.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
graphics of the impacted population, and other factors such as invest-
ment, contribution, and other risks. If actual experience deviates from
actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
This Fiscal Note is intended to measure pension-related impacts and
does not include other potential costs (e.g., administrative and Other
Postemployment Benefits). This Fiscal Note does not reflect any chapter
laws that may have been enacted during the current legislative session.
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
sky are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS, but do not believe it impairs our
objectivity, and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our knowledge, the results contained herein have been
prepared in accordance with generally accepted actuarial principles and
procedures and with the Actuarial Standards of Practice issued by the
Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2026-17 dated February
20, 2026 was prepared by the Chief Actuary for the New York City Retire-
ment Systems and Pension Funds and is intended for use only during the
2026 Legislative Session.
PART FFF
Section 1. Subdivision 17 of section 501 of the retirement and social
security law, as separately amended by section 1 of part SS of chapter
55 and chapter 692 of the laws of 2025, is amended to read as follows:
17. "Normal retirement age" shall be age sixty-two, for general
members, the age at which a member completes or would have completed
twenty-two years of service, for police/fire members, New York city
uniformed correction/sanitation revised plan members and investigator
revised plan members[,]; except that for police/fire members of the New
York city police pension fund, normal retirement age shall be the age at
which a member completes or would have completed twenty years of
service, and the age at which a member completes twenty years of service
for police/fire members who are members of the New York city fire
department pension fund; AND EXCEPT THAT FOR NEW YORK CITY UNIFORMED
CORRECTION/SANITATION REVISED PLAN MEMBERS, NORMAL RETIREMENT AGE SHALL
BE THE AGE AT WHICH A MEMBER COMPLETES OR WOULD HAVE COMPLETED TWENTY
YEARS OF SERVICE.
§ 2. Subdivision d of section 503 of the retirement and social securi-
ty law, as separately amended by section 2 of part SS of chapter 55 and
chapter 692 of the laws of 2025, is amended to read as follows:
S. 9008--C 153 A. 10008--C
d. The normal service retirement benefit specified in section five
hundred five of this article shall be paid to police/fire members, New
York city uniformed correction/sanitation revised plan members and
investigator revised plan members without regard to age upon retirement
after twenty-two years of service[,]; except that the normal service
retirement benefit specified in section five hundred five of this arti-
cle shall be paid to police/fire members of the New York city police
pension fund, after twenty years of service; provided, however, that
such normal service retirement benefit for police/fire members who are
members of the New York city fire department pension fund shall be paid
to such members of the New York city fire department pension fund with-
out regard to age upon retirement after twenty years of service; AND
EXCEPT THAT THE NORMAL SERVICE RETIREMENT BENEFIT SPECIFIED IN SECTION
FIVE HUNDRED FIVE OF THIS ARTICLE SHALL BE PAID TO NEW YORK CITY
UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS AFTER TWENTY YEARS
OF SERVICE. Early service retirement shall be permitted upon retirement
after twenty years of credited service or attainment of age sixty-two,
provided, however, that New York city police/fire revised plan members,
New York city uniformed correction/sanitation revised plan members and
investigator revised plan members shall not be eligible to retire for
service prior to the attainment of twenty years of credited service.
§ 3. Section 505 of the retirement and social security law is amended
by adding a new subdivision e to read as follows:
E. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY OTHER LAW, NEW YORK
CITY UNIFORMED CORRECTION/SANITATION REVISED PLAN MEMBERS SHALL BE
ELIGIBLE FOR A NORMAL SERVICE RETIREMENT BENEFIT IN LIEU OF AN EARLY
SERVICE RETIREMENT BENEFIT UPON COMPLETING TWENTY YEARS OF SERVICE
PURSUANT TO SUBDIVISION D OF SECTION FIVE HUNDRED THREE OF THIS ARTICLE.
§ 4. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
SUMMARY: This proposed legislation would reduce the Normal Retirement
Age for NYCERS Tier 3 members of the Uniformed Sanitation Force and
Uniformed Correction Force 22-Year Plans (i.e., Revised Plan members) to
be the age at which a member completes or would have completed twenty
years of service.
EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
by Fiscal Year for the first 25 years ($ in Millions)
Year NYCERS
2027 6.6
2028 7.0
2029 7.4
2030 7.8
2031 8.2
2032 8.6
2033 8.9
2034 9.3
2035 9.6
2036 9.9
2037 10.1
2038 10.4
2039 10.6
2040 10.8
2041 11.1
2042 8.3
S. 9008--C 154 A. 10008--C
2043 8.6
2044 8.9
2045 9.2
2046 9.4
2047 9.7
2048 10.1
2049 10.4
2050 10.7
2051 11.1
Projected contributions include future new hires that may be impacted.
For Fiscal Year 2052 and beyond, the expected increase in normal cost as
a level percent of pay for impacted new entrants is approximately 0.32%.
The entire increase in employer contributions will be allocated to New
York City.
PRESENT VALUE OF BENEFITS: The Present Value of Benefits is the
discounted expected value of benefits paid to current members if all
assumptions are met, including future service accrual and pay increases.
Future new hires are not included in this present value.
INITIAL INCREASE (DECREASE) IN ACTUARIAL PRESENT VALUES
as of June 30, 2025 ($ in Millions)
Present Value (PV) NYCERS
(1) PV of Employer Contributions: 53.4
(2) PV of Employee Contributions: (3.5)
Total PV of Benefits (1) + (2): 49.9
UNFUNDED ACCRUED LIABILITY (UAL): Actuarial Accrued Liabilities are the
portion of the Present Value of Benefits allocated to past service.
Changes in UAL were amortized over the expected remaining working life-
time of those impacted using level dollar payments.
AMORTIZATION OF UNFUNDED ACCRUED LIABILITY
NYCERS
Increase (Decrease) in UAL: 27.6 M
Number of Payments: 15
Amortization Payment: 3.1 M
CENSUS DATA: The estimates presented herein are based on preliminary
census data collected as of June 30, 2025. The census data for the
impacted population is summarized below.
NYCERS
Active Members
- Number Count: 8,609
- Average Age: 40.3
- Average Service: 7.7
- Average Salary: 109,200
IMPACT ON MEMBER BENEFITS: Currently, NYCERS Tier 3 Sanitation and
Correction Revised Plan members in 22-Year Plans who retire with at
S. 9008--C 155 A. 10008--C
least 20 years of service are eligible to receive an annual benefit that
is equal to 42% of Final Average Salary (FAS), increasing to a maximum
benefit of 50% of FAS after 22 years of service.
Under the proposed legislation, NYCERS Tier 3 Sanitation and Correction
Revised Plan members in 22-Year Plans who retire with at least 20 years
of service would be eligible to receive an annual benefit that is equal
to 50% of FAS.
ASSUMPTIONS AND METHODS: The estimates presented herein have been calcu-
lated based on the Revised 2021 Actuarial Assumptions and Methods of the
impacted retirement systems. In addition:
* Retirement rates were adjusted to reflect the earlier payability of
the service retirement benefit associated with the proposed legislation.
* New entrants were assumed to replace exiting members so that total
payroll increases by 3% each year for impacted groups. New entrant demo-
graphics were developed based on data for recent new hires and actuarial
judgement.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the actuarial assumptions, methods, and models used, demo-
graphics of the impacted population, and other factors such as invest-
ment, contribution, and other risks. If actual experience deviates from
actuarial assumptions, the actual costs could differ from those
presented herein. Quantifying these risks is beyond the scope of this
Fiscal Note.
This Fiscal Note is intended to measure pension-related impacts and does
not include other potential costs (e.g., administrative and Other
Postemployment Benefits). This Fiscal Note does not reflect any chapter
laws that may have been enacted during the current legislative session.
STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikovsky
are members of the Society of Actuaries and the American Academy of
Actuaries. We are members of NYCERS, but do not believe it impairs our
objectivity, and we meet the Qualification Standards of the American
Academy of Actuaries to render the actuarial opinion contained herein.
To the best of our knowledge, the results contained herein have been
prepared in accordance with generally accepted actuarial principles and
procedures and with the Actuarial Standards of Practice issued by the
Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2026-02 dated January 21,
2026 was prepared by the Chief Actuary for the New York City Retirement
Systems and Pension Funds and is intended for use only during the 2026
Legislative Session.
PART GGG
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. Local government records management account (20501).
2. Child health plus program account (20810).
3. EPIC premium account (20818).
4. Transit authorities account (20851).
5. Railroad account (20852).
6. Non-MTA capital account (20853).
7. Recreation account (21067).
8. Education - New (20901).
9. VLT - Sound basic education fund (20904).
S. 9008--C 156 A. 10008--C
10. Sewage treatment program management and administration fund
(21000).
11. Utility environmental regulatory account (21064).
12. Federal grants indirect cost recovery account (21065).
13. Low level radioactive waste account (21066).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Environmental protection and oil spill compensation fund (21200).
17. Public transportation systems account (21401).
18. Metropolitan mass transportation (21402).
19. Operating permit program account (21451).
20. Mobile source account (21452).
21. New York state thruway authority account (21905).
22. Financial control board account (21911).
23. Regulation of racing account (21912).
24. State university dormitory income reimbursable account (21937).
25. Training, management and evaluation account (21961).
26. Clinical laboratory reference system assessment account (21962).
27. Indirect cost recovery account (21978).
28. Multi-agency training account (21989).
29. Bell jar collection account (22003).
30. Real property disposition account (22006).
31. Parking account (22007).
32. Courts special grants (22008).
33. Batavia school for the blind account (22032).
34. Financial oversight account (22039).
35. Regulation of Indian gaming account (22046).
36. Rome school for the deaf account (22053).
37. Administrative adjudication account (22055).
38. Cultural education account (22063).
39. DHCR mortgage servicing account (22085).
40. Voting Machine Examinations account (22099).
41. DHCR-HCA application fee account (22100).
42. Restitution account (22134).
43. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
44. Deferred compensation administration account (22151).
45. Transportation aviation account (22165).
46. New York State Campaign Finance Fund account (22211).
47. New York state medical indemnity fund account (22240).
48. Behavioral health parity compliance fund (22246).
49. Pharmacy benefit manager regulatory fund (22255).
50. Virtual currency assessments account (22262).
51. Employers assessment account (22269).
52. State university general income offset account (22654).
53. Highway safety program account (23001).
54. NYCCC operating offset account (23151).
55. Commercial gaming revenue account (23701).
56. Commercial gaming regulation account (23702).
57. New York state secure choice administrative account (23806).
58. New York state cannabis revenue fund (24800).
59. Fantasy sports administration account (24951).
60. Mobile sports wagering fund (24955).
61. Highway and bridge capital account (30051).
62. State university residence hall rehabilitation fund (30100).
63. State parks infrastructure account (30351).
S. 9008--C 157 A. 10008--C
64. Hazardous waste cleanup account (31506).
65. Youth facilities improvement account (31701).
66. Housing assistance fund (31800).
67. Housing program fund (31850).
68. Highway facility purpose account (31951).
69. New York racing account (32213).
70. Information technology capital financing account (32215).
71. New York environmental protection and spill remediation account
(32219).
72. Department of financial services IT modernization capital account
(32230).
73. Grants Reimbursement from Non-Federal Entity Account (32231).
74. Renourishment account (32232).
75. Mental hygiene facilities capital improvement fund (32300).
76. Correctional facilities capital improvement fund (32350).
77. OGS convention center account (50318).
78. Empire Plaza Gift Shop (50327).
79. Unemployment Insurance Benefit Fund, Interest Assessment Account
(50651).
80. Centralized services fund (55000).
81. Archives records management account (55052).
82. Federal single audit account (55053).
83. Civil service administration account (55055).
84. Banking services account (55057).
85. Cultural resources survey account (55058).
86. Neighborhood work project account (55059).
87. Automation & printing chargeback account (55060).
88. Data center account (55062).
89. Intrusion detection account (55066).
90. Domestic violence grant account (55067).
91. Centralized technology services account (55069).
92. Labor contact center account (55071).
93. Human services contact center account (55072).
94. Department of law civil recoveries account (55074).
95. Executive direction internal audit account (55251).
96. CIO Information technology centralized services account (55252).
97. Health insurance internal service account (55300).
98. Civil service employee benefits division administrative account
(55301).
99. Correctional industries revolving fund (55350).
100. Employees health insurance account (60201).
101. Medicaid management information system escrow fund (60900).
102. Animal shelter regulation account.
103. Climate initiative account.
104. Responsible AI Safety and Education account.
105. Data broker account.
§ 2. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food and nutrition services fund (25000).
2. Federal health and human services fund (25100).
3. Federal education fund (25200).
4. Federal block grant fund (25250).
S. 9008--C 158 A. 10008--C
5. Federal miscellaneous operating grants fund (25300).
6. Federal unemployment insurance administration fund (25900).
7. Federal unemployment insurance occupational training fund (25950).
8. Federal emergency employment act fund (26000).
9. Federal capital projects fund (31350).
§ 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2027, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
2. $19,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
3. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
Education:
1. $2,458,070,000 from the general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $1,069,000,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. $142,222,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for disbursements made from such fund for supplemental aid to education
pursuant to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant to section
1352 of the racing, pari-mutuel wagering and breeding law.
4. $1,455,798,000 from the general fund to the mobile sports wagering
fund, education account (24955), as reimbursement for disbursements made
from such fund for supplemental aid to education pursuant to section
92-c of the state finance law that are in excess of the amounts deposit-
ed in such fund for such purposes pursuant to section 1367 of the
racing, pari-mutuel wagering and breeding law.
5. $19,070,000 from the interactive fantasy sports fund, fantasy
sports education account (24950), to the state lottery fund, education
account (20901), as reimbursement for disbursements made from such fund
for supplemental aid to education pursuant to section 92-c of the state
finance law.
6. $50,000,000 from the cannabis revenue fund cannabis education
account (24801), to the state lottery fund, education account (20901),
as reimbursement for disbursements made from such fund for supplemental
aid to education pursuant to section 99-ii of the state finance law.
7. An amount up to the unencumbered balance in the fund on March 31,
2026 from the charitable gifts trust fund, elementary and secondary
education account (24901), to the general fund, for payment of general
support for public schools pursuant to section 3609-a of the education
law.
S. 9008--C 159 A. 10008--C
8. Moneys from the state lottery fund (20900) up to an amount deposit-
ed in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
9. $300,000 from the New York state local government records manage-
ment improvement fund, local government records management account
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
10. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Batavia school for the blind account (22032).
11. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Rome school for the deaf account (22053).
12. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
13. $28,500,000 from any of the state education department's special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
14. $4,200,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
15. $8,000,000 from the general fund to the miscellaneous special
revenue fund, HESC-insurance premium payments account (21960).
16. $358,000,000 from the state university income fund, state univer-
sity hospitals income reimbursable account (22656), and the state
university income fund, state university-wide hospital reimbursable
account (22658) to the General Fund for the payment of SUNY Hospitals
Health Insurance premiums on or before March 31, 2027.
17. $5,000,000 from the general fund to the miscellaneous capital
projects fund, state university of New York green energy loan fund.
18. $12,000,000 from the miscellaneous special revenue fund office of
professions account (22051) to the miscellaneous special revenue fund
cultural education account (22063).
19. $150,000 from the dedicated miscellaneous special revenue fund,
gifts for the state library system account (23821) to the miscellaneous
special revenue fund, love your library account (22119).
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the environmental conservation special revenue fund, federal indirect
recovery account (21065).
2. $5,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the conservation fund (21150) or Marine Resources Account (21151) as
necessary to avoid diversion of conservation funds.
3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
4. $150,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
5. $10,000,000 from the general fund to the hazardous waste remedial
fund, hazardous waste cleanup account (31506).
6. An amount up to or equal to the cash balance within the special
revenue-other waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related to the
S. 9008--C 160 A. 10008--C
management and cleanup program as put forth in section 27-1915 of the
environmental conservation law.
7. $7,000,000 from the general fund to the enterprise fund, state fair
account (50051).
8. $3,000,000 from the waste management & cleanup account (21053) to
the environmental protection fund transfer account (30451).
9. $14,000,000 from the general fund to the miscellaneous special
revenue fund, patron services account (22163).
10. $15,000,000 from the enterprise fund, golf account (50332) to the
state park infrastructure fund, state park infrastructure account
(30351).
11. $10,000,000 from the general fund to the environmental protection
and oil spill compensation fund (21203).
12. $500,000 from the general fund to the Lake George park account
(22751).
Family Assistance:
1. $7,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match account
(21967).
2. $4,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
4. $225,300,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
5. $2,500,000 from any of the office of temporary and disability
assistance special revenue funds to the miscellaneous special revenue
fund, office of temporary and disability assistance program account
(21980).
6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $205,000,000 from the miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
8. $788,000 from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
9. $5,000,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
10. $900,000 from the general fund to the Veterans' Remembrance and
Cemetery Maintenance and Operation account (20201).
11. $7,000,000 from the general fund to the housing program fund
(31850).
12. $15,000,000 from any of the office of children and family services
special revenue federal funds to the office of court administration
special revenue other federal iv-e funds account.
S. 9008--C 161 A. 10008--C
13. $10,000,000 from any of the office of children and family services
special revenue federal funds to the miscellaneous special revenue fund,
title iv-e parental services account (22273).
General Government:
1. $12,000,000 from the general fund to the health insurance revolving
fund (55300).
2. $292,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
3. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
4. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
5. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
6. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
7. $3,828,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
8. $1,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the general fund, for the purpose of reimbursing the
costs of debt service related to state parking facilities.
9. $11,460,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
10. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
11. $12,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the centralized services, building support services
account (55018).
12. $36,000,000 from the general fund to the internal service fund,
business services center account (55022).
13. $9,500,000 from the general fund to the internal service fund,
building support services account (55018).
14. $1,500,000 from the combined expendable trust fund, plaza special
events account (20120), to the general fund.
15. A transfer from the general fund to the miscellaneous special
revenue fund, New York State Campaign Finance Fund Account (22211), up
to an amount equal to total reimbursements due to qualified candidates.
16. $6,000,000 from the miscellaneous special revenue fund, standards
and purchasing account (22019), to the general fund.
17. $12,400,000 from the banking department special revenue fund
(21970) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law to the IT Modernization
Capital Fund.
18. $17,000,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund (24800), to the miscellaneous capital
projects fund, Cannabis IT subfund.
19. $12,400,000 from the insurance department special revenue fund
(21994) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law to the IT Modernization
Capital Fund.
20. $1,550,000 from the pharmacy benefits bureau special revenue fund
(22255) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law, to the IT Modernization
Capital Fund.
S. 9008--C 162 A. 10008--C
21. $4,650,000 from the virtual currency special revenue fund (22262)
funded by the assessment to defray operating expenses authorized by
section 206 of the financial services law, to the IT Modernization Capi-
tal Fund.
22. $30,000,000 from the miscellaneous special revenue fund, workers'
compensation account (21995), to the miscellaneous capital projects
fund, workers' compensation board IT business process design fund
(32218).
23. $250,000 from the general fund to the miscellaneous special reven-
ue fund, authority budget office account (22138).
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), up to an amount equal to the moneys collected and
deposited into that account in the previous fiscal year.
3. A transfer from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), up to an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $3,600,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
5. $4,000,000 from the miscellaneous special revenue fund, vital
health records account (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).
6. $6,000,000 from the miscellaneous special revenue fund, profes-
sional medical conduct account (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
7. $126,000,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
8. $6,550,000 from the general fund to the medical cannabis trust
fund, health operation and oversight account (23755).
9. An amount up to the unencumbered balance from the charitable gifts
trust fund, health charitable account (24900), to the general fund, for
payment of general support for primary, preventive, and inpatient health
care, dental and vision care, hunger prevention and nutritional assist-
ance, and other services for New York state residents with the overall
goal of ensuring that New York state residents have access to quality
health care and other related services.
10. $500,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund (24800), to the miscellaneous special reven-
ue fund, environmental laboratory fee account (21959).
11. An amount up to the unencumbered balance from the public health
emergency charitable gifts trust fund (23816), to the general fund, for
payment of goods and services necessary to respond to a public health
disaster emergency or to assist or aid in responding to such a disaster.
12. $1,000,000,000 from the general fund to the health care transfor-
mation fund (24850).
13. $2,590,000 from the miscellaneous special revenue fund, patient
safety center account (22139), to the general fund.
14. $1,000,000 from the miscellaneous special revenue fund, nursing
home receivership account (21925), to the general fund.
S. 9008--C 163 A. 10008--C
15. $130,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
16. $2,200,000 from the miscellaneous special revenue fund, adult home
quality enhancement account (22091), to the general fund.
17. $8,467,000 from the general fund, to the miscellaneous special
revenue fund, helen hayes hospital account (22140).
18. $1,303,000 from the general fund, to the miscellaneous special
revenue fund, New York city veterans' home account (22141).
19. $606,000 from the general fund, to the miscellaneous special
revenue fund, New York state home for veterans' and their dependents at
oxford account (22142).
20. $334,000 from the general fund, to the miscellaneous special
revenue fund, western New York veterans' home account (22143).
21. $1,636,000 from the general fund, to the miscellaneous special
revenue fund, New York state for veterans in the lower-hudson valley
account (22144).
22. $750,000,000 from the general fund, to the miscellaneous special
revenue fund, healthcare stability fund account (22267).
23. $5,000,000 from the general fund to the occupational health clin-
ics account (22177).
24. $13,000 from the miscellaneous special revenue fund, veterans home
assistance account (20208), to the miscellaneous special revenue fund,
New York city veterans' home account (22141).
25. $13,000 from the miscellaneous special revenue fund, veterans home
assistance account (20208), to the miscellaneous special revenue fund,
New York state home for veterans' and their dependents at oxford account
(22142).
26. $13,000 from the miscellaneous special revenue fund, veterans
assistance account (20208), to the miscellaneous special revenue fund,
western New York veterans' home account (22143).
27. $13,000 from the miscellaneous special revenue fund, veterans
assistance account (20208), to the miscellaneous special revenue fund,
New York state for veterans in the lower-Hudson valley account (22144).
28. $13,000 from the miscellaneous special revenue fund, veterans
assistance account (20208), to the state university income fund, Long
Island Veterans' Home Account (22652).
29. $159,000,000 from the miscellaneous special revenue fund, health-
care stability fund account (22267) to the HCRA resources fund, HCRA
program account (20807).
Labor:
1. $600,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
2. $11,700,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
ment insurance special interest and penalty account (23601), and public
work enforcement account (21998), to the general fund.
4. $850,000 from the miscellaneous special revenue fund, DOL elevator
safety program fund (22252) to the miscellaneous special revenue fund,
DOL fee and penalty account (21923).
5. $22,000,000 from the miscellaneous special revenue fund, Interest
and Penalty Account (23601), to the Training and Education Program on
Occupation Safety and Health Fund, OSHA Training and Education Account
(21251).
S. 9008--C 164 A. 10008--C
6. $1,000,000 from the miscellaneous special revenue fund, Public Work
Enforcement account (21998), to the Training and Education Program on
Occupation Safety and Health Fund, OSHA Training and Education Account
(21251).
7. $4,000,000 from the miscellaneous special revenue fund, Public Work
Enforcement account (21998), to the Training and Education Program on
Occupational Safety and Health Fund, OSHA Inspection Account (21252).
Mental Hygiene:
1. $60,000,000 from the general fund, to the mental hygiene facilities
capital improvement fund (32300).
2. $20,000,000 from the opioid settlement fund (23817) to the miscel-
laneous capital projects fund, opioid settlement capital account
(32200).
3. $20,000,000 from the miscellaneous capital projects fund, opioid
settlement capital account (32200) to the opioid settlement fund
(23817).
Public Protection:
1. $2,587,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
2. $23,773,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
3. $2,000,000,000 from any of the division of homeland security and
emergency services special revenue federal funds to the general fund.
4. $115,420,000 from the state police motor vehicle law enforcement
and motor vehicle theft and insurance fraud prevention fund, state
police motor vehicle enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
5. $138,272,000 from the general fund to the correctional facilities
capital improvement fund (32350).
6. $5,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
7. $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
8. $39,830,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
9. $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
10. $7,980,000 from the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
11. $1,100,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
12. $38,938,000 from the general fund to the miscellaneous special
revenue fund, criminal justice improvement account (21945).
13. $6,000,000 from the general fund to the miscellaneous special
revenue fund, hazard mitigation revolving loan account (22266).
14. $234,000,000 from the indigent legal services fund, indigent legal
services account (23551) to the general fund.
15. $50,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123) to the general fund.
Transportation:
S. 9008--C 165 A. 10008--C
1. $20,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
2. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
3. $243,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
4. $477,000 from the miscellaneous special revenue fund, traffic adju-
dication account (22055), to the general fund.
5. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess of the
amounts deposited in the general fund for such purpose pursuant to
section 94 of the transportation law.
6. Up to $3,000,000 from the general fund to the New York state thru-
way authority account (21905), pursuant to a plan submitted by the exec-
utive director of the New York state thruway authority and approved by
the director of budget, for costs related to providing a toll discount
on the governor Mario M. Cuomo bridge for applicable Orange county resi-
dents.
Miscellaneous:
1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $15,500,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
4. $100,000,000 from any special revenue federal fund to the general
fund, state purposes account (10050).
5. An amount up to the unencumbered balance from the special revenue
federal fund, ARPA-Fiscal Recovery Fund (25546) to the general fund.
6. $1,500,000,000 from the general fund to the hazardous waste remedi-
al fund, hazardous waste cleanup account (31506), State parks infras-
tructure account (30351), environmental protection fund transfer account
(30451), the correctional facilities capital improvement fund (32350),
housing program fund (31850), or the Mental hygiene facilities capital
improvement fund (32300), up to an amount equal to certain outstanding
accounts receivable balances.
§ 4. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2027:
1. Upon request of the commissioner of environmental conservation, up
to $12,745,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000 from
the environmental protection and oil spill compensation fund (21200),
and $1,834,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
S. 9008--C 166 A. 10008--C
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account, to any miscellaneous special
revenue fund.
5. Upon request of the commissioner of health up to $13,694,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
6. Upon the request of the attorney general, up to $5,000,000 from
revenues credited to the federal health and human services fund, federal
health and human services account (25117) or the miscellaneous special
revenue fund, recoveries and revenue account (22041), to the miscella-
neous special revenue fund, litigation settlement and civil recovery
account (22117).
§ 5. On or before March 31, 2027, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
§ 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or their desig-
nee, on or before March 31, 2027, up to $16,000,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Buffalo.
§ 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or their desig-
nee, on or before March 31, 2027, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
§ 8. Notwithstanding any law to the contrary, the state university
chancellor or their designee is authorized and directed to transfer
estimated tuition revenue balances from the state university collection
fund (61000) to the state university income fund, state university
general revenue offset account (22655) on or before March 31, 2027.
§ 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, a
total of up to $100,000,000 from the general fund to the state universi-
ty income fund, state university general revenue offset account (22655)
and/or the state university income fund, state university hospitals
income reimbursable account (22656) during the period July 1, 2026
through June 30, 2027 to pay costs attributable to the state university
health science center at Brooklyn and/or the state university of New
York hospital at Brooklyn, respectively, pursuant to a plan approved by
the director of the budget.
S. 9008--C 167 A. 10008--C
§ 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $1,619,189,500 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2026 through June 30, 2027 to support operations at
the state university.
§ 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $25,000,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of April 1, 2026 through June 30, 2026 to support operations at
the state university.
§ 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $51,120,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2026 to June 30, 2027 for general fund operating
support pursuant to subparagraph (4-b) of paragraph h of subdivision 2
of section three hundred fifty-five of the education law.
§ 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or their designee, up to $55,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for services and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2027.
§ 14. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or their designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
university chancellor or their designee, to transfer moneys from the
state university income fund to the state university income fund, state
university hospitals income reimbursable account (22656) in the event
insufficient funds are available in the state university income fund,
state university hospitals income reimbursable account (22656) to pay
hospital operating costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2027.
§ 15. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or their designee, and in accordance with section 4 of the
S. 9008--C 168 A. 10008--C
state finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not to
exceed $125 million from each fund.
§ 16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $1,000,000,000 from the unencumbered balance of any special reven-
ue fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2026-27 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207), the miscellaneous capital projects
fund, the federal capital projects account (31350), information technol-
ogy capital financing account (32215), or the centralized technology
services account (55069), for the purpose of consolidating technology
procurement and services. The amounts transferred to the miscellaneous
special revenue fund, technology financing account (22207) pursuant to
this authorization shall be equal to or less than the amount of such
monies intended to support information technology costs which are
attributable, according to a plan, to such account made in pursuance to
an appropriation by law. Transfers to the technology financing account
shall be completed from amounts collected by non-general funds or
accounts pursuant to a fund deposit schedule or permanent statute, and
shall be transferred to the technology financing account pursuant to a
schedule agreed upon by the affected agency commissioner. Transfers from
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 18. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $400 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the purpose of consol-
idating technology procurement and services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information technology costs which
are attributable, according to a plan, to such account made in pursuance
to an appropriation by law. Transfers to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
S. 9008--C 169 A. 10008--C
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
§ 19. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund up to $10,000,000 for the state fiscal
year commencing April 1, 2026, the proceeds of which will be utilized to
support energy-related state activities.
§ 20. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized to transfer to the state treasury to the cred-
it of the general fund up to $25,000,000 for the state fiscal year
commencing April 1, 2026, the proceeds of which will be utilized to
support programs established or implemented by or within the department
of labor, including but not limited to the office of just energy transi-
tion and programs for workforce training and retraining, to prepare
workers for employment for work in the renewable energy field.
§ 21. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to contribute $913,000 to the state treasury
to the credit of the general fund on or before March 31, 2027.
§ 22. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to transfer five million dollars to the cred-
it of the Environmental Protection Fund on or before March 31, 2027 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
§ 23. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 23 of part MM of chapter 56 of the laws of 2025, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[twenty-five] TWENTY-SIX, the state comptroller is hereby authorized and
directed to deposit to the fund created pursuant to this section from
amounts collected pursuant to article twenty-two of the tax law and
pursuant to a schedule submitted by the director of the budget, up to
[$1,396,911,000] $1,294,911,000 as may be certified in such schedule as
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [twenty-five] TWENTY-SIX.
§ 24. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2027, the following amounts from
the following special revenue accounts to the capital projects fund
(30000), for the purposes of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
2. $1,690,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
S. 9008--C 170 A. 10008--C
3. $219,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $840,000 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $176,000 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $492,000 from the miscellaneous special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
7. $2,550,000 from the miscellaneous special revenue fund, patron
services account (22163).
8. $5,000,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $110,000,000 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $35,000,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
11. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
§ 25. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2027 the following amounts from
the following special revenue accounts or enterprise funds to the gener-
al fund, for the purposes of offsetting principal and interest costs,
incurred by the state pursuant to section 53 of part PP of chapter 56 of
the laws of 2023, provided that the annual amount of the transfer shall
be no more than the principal and interest that would have otherwise
been due to the power authority of the state of New York, from any state
agency, in a given state fiscal year. Amounts pertaining to special
revenue accounts assigned to the state university of New York shall be
considered interchangeable between the designated special revenue
accounts as to meet the requirements of this section and section 52 of
part RR of chapter 56 of the laws of 2023:
1. $15,000,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
2. $5,000,000 from state university dormitory income fund, state
university dormitory income fund (40350).
3. $5,000,000 from the enterprise fund, city university senior college
operating fund (60851).
§ 26. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 32 of part MM of chapter 56
of the laws of 2025, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [sixteen billion seven hundred
seventy-seven million nine hundred sixty-four thousand dollars
$16,777,964,000] EIGHTEEN BILLION EIGHTY-FOUR MILLION SEVEN HUNDRED
SIXTY-FOUR THOUSAND DOLLARS $18,084,764,000, excluding bonds issued
after April first, two thousand twenty-five to (i) fund one or more debt
S. 9008--C 171 A. 10008--C
service reserve funds, (ii) pay costs of issuance of such bonds, and
(iii) refund or otherwise repay such bonds or notes previously issued,
provided that nothing herein shall affect the exclusion of refunding
debt issued prior to such date. No reserve fund securing the housing
program bonds shall be entitled or eligible to receive state funds
apportioned or appropriated to maintain or restore such reserve fund at
or to a particular level, except to the extent of any deficiency result-
ing directly or indirectly from a failure of the state to appropriate or
pay the agreed amount under any of the contracts provided for in subdi-
vision four of this section.
§ 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 53 of part MM of chapter 56 of the laws of 2025, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [eleven billion one hundred
seventeen million three hundred fifty-nine thousand dollars
$11,117,359,000] ELEVEN BILLION FIVE HUNDRED THIRTY-SIX MILLION FIVE
HUNDRED FIFTY-NINE THOUSAND DOLLARS $11,536,559,000, excluding bonds
issued after April first, two thousand twenty-five to (i) fund one or
more debt service reserve funds, (ii) pay costs of issuance of such
bonds, and (iii) refund or otherwise repay such bonds or notes previous-
ly issued, provided that nothing herein shall affect the exclusion of
refunding debt issued prior to such date.
§ 28. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 34 of part MM of chapter 56 of
the laws of 2025, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed [twelve billion three hundred million
three hundred sixty-eight thousand dollars $12,300,368,000] THIRTEEN
S. 9008--C 172 A. 10008--C
BILLION ONE MILLION FOUR THOUSAND DOLLARS $13,001,004,000, excluding
bonds issued after April first, two thousand twenty-five to (i) fund one
or more debt service reserve funds, (ii) pay costs of issuance of such
bonds, and (iii) refund or otherwise repay such bonds or notes previous-
ly issued, provided that nothing herein shall affect the exclusion of
refunding debt issued prior to such date. The legislature reserves the
right to amend or repeal such limit, and the state of New York, the
dormitory authority, the city university, and the fund are prohibited
from covenanting or making any other agreements with or for the benefit
of bondholders which might in any way affect such right.
§ 29. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 35 of part MM of chapter 56 of the laws of 2025,
is amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of [four hundred fifty-five million
dollars $455,000,000] FOUR HUNDRED NINETY-NINE MILLION DOLLARS
$499,000,000.
§ 30. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 36 of part MM of chapter 56 of
the laws of 2025, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed [twenty billion nine hundred forty-eight million one hundred
sixty-four thousand dollars $20,948,164,000] TWENTY-ONE BILLION EIGHT
HUNDRED NINETY-EIGHT MILLION ONE HUNDRED SIXTY-FOUR THOUSAND DOLLARS
$21,898,164,000, excluding bonds issued after April first, two thousand
twenty-five to (i) fund one or more debt service reserve funds, (ii) pay
costs of issuance of such bonds, and (iii) refund or otherwise repay
such bonds or notes previously issued, provided that nothing herein
shall affect the exclusion of refunding debt issued prior to such date.
The legislature reserves the right to amend or repeal such limit, and
the state of New York, the dormitory authority, the state university of
New York, and the state university construction fund are prohibited from
covenanting or making any other agreements with or for the benefit of
bondholders which might in any way affect such right.
§ 31. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 37 of part MM of chapter 56 of the laws of 2025,
is amended to read as follows:
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [one billion four
hundred ninety-five million seven hundred seventy-four thousand dollars
$1,495,774,000] ONE BILLION SIX HUNDRED TWENTY-THREE MILLION EIGHT
HUNDRED EIGHTY-FOUR THOUSAND DOLLARS $1,623,884,000. Such amount shall
be exclusive of bonds and notes issued to fund any reserve fund or
funds, costs of issuance and to refund any outstanding bonds and notes,
S. 9008--C 173 A. 10008--C
issued on behalf of the state, relating to a locally sponsored community
college.
§ 32. Paragraph b of subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 38 of part MM
of chapter 56 of the laws of 2025, is amended to read as follows:
b. The agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal amount as,
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service that would be
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding [thirteen billion six hundred thirty-nine million five hundred
fifty-four thousand dollars $13,639,554,000] FOURTEEN BILLION TWO
HUNDRED NINETY-NINE MILLION FOUR HUNDRED FIFTY-TWO THOUSAND DOLLARS
$14,299,452,000, excluding bonds issued after April first, two thousand
twenty-five to (i) fund one or more debt service reserve funds, (ii) pay
costs of issuance of such bonds, and (iii) refund or otherwise repay
such bonds or notes previously issued, provided that nothing herein
shall affect the exclusion of refunding debt issued prior to such date.
The director of the budget shall allocate the aggregate principal
authorized to be issued by the agency among the office of mental health,
office for people with developmental disabilities, and the office of
addiction services and supports, in consultation with their respective
commissioners to finance bondable appropriations previously approved by
the legislature.
§ 33. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the administration of certain
funds and accounts related to the 2002-2003 budget, as amended by
section 39 of part MM of chapter 56 of the laws of 2025, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [five hundred fifty million five hundred thousand dollars
$550,500,000] SEVEN HUNDRED TWENTY-EIGHT MILLION ONE HUNDRED THOUSAND
DOLLARS $728,100,000, excluding bonds issued to fund one or more debt
S. 9008--C 174 A. 10008--C
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of financing capital costs related to
homeland security and training facilities for the division of state
police, the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made from the
state capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [two billion one hundred sixty-eight million three hundred thir-
ty-one thousand dollars $2,168,331,000] TWO BILLION FIVE HUNDRED TWENTY
MILLION EIGHT HUNDRED SIX THOUSAND DOLLARS $2,520,806,000, excluding
bonds issued to fund one or more debt service reserve funds, to pay
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued, for the purpose
of financing improvements to State office buildings and other facilities
located statewide, including the reimbursement of any disbursements made
from the state capital projects fund. Such bonds and notes of the corpo-
ration shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant to
subdivision (b) of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
§ 34. Subdivision 1 of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 40 of part MM of chapter 56 of the
laws of 2025, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for the office of information technology services, depart-
ment of law, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [one billion eight
hundred seventy-three million four hundred twelve thousand dollars
$1,873,412,000] TWO BILLION FOUR MILLION ONE HUNDRED TWELVE THOUSAND
DOLLARS $2,004,112,000, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued. Such bonds and notes of the dormitory authority and the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
§ 35. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 41 of part MM of chapter 56 of the laws of 2025, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
S. 9008--C 175 A. 10008--C
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of [fifteen
billion eight hundred twenty-two million three hundred eighty-four thou-
sand dollars $15,822,384,000] SIXTEEN BILLION EIGHT HUNDRED MILLION ONE
HUNDRED EIGHTY-ONE THOUSAND DOLLARS $16,800,181,000. Such limit shall
exclude bonds issued after April first, two thousand twenty-five to (i)
fund one or more debt service reserve funds, (ii) pay costs of issuance
of such bonds, and (iii) refund or otherwise repay such bonds or notes
previously issued, provided that nothing herein shall affect the exclu-
sion of refunding debt issued prior to such date. For purposes of this
subdivision, such projects shall be deemed to include capital grants to
cities, towns and villages for the reimbursement of eligible capital
costs of local highway and bridge projects within such municipality,
where allocations to cities, towns and villages are based on the total
number of New York or United States or interstate signed touring route
miles for which such municipality has capital maintenance responsibil-
ity, and where such eligible capital costs include the costs of
construction and repair of highways, bridges, highway-railroad cross-
ings, and other transportation facilities for projects with a service
life of ten years or more.
§ 36. Subdivision 1 of section 53 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 42 of part MM of chapter 56 of the
laws of 2025, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the acquisition of equipment, including but
not limited to the creation or modernization of information technology
systems and related research and development equipment, health and safe-
ty equipment, heavy equipment and machinery, the creation or improvement
of security systems, and laboratory equipment and other state costs
associated with such capital projects. The aggregate principal amount
of bonds authorized to be issued pursuant to this section shall not
exceed [six hundred ninety-three million dollars $693,000,000] SEVEN
HUNDRED NINETY-THREE MILLION DOLLARS $793,000,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the urban development corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the dormitory authority and the urban development corporation
for principal, interest, and related expenses pursuant to a service
contract and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
§ 37. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 43 of part MM of chapter 56 of the laws of 2025,
is amended to read as follows:
S. 9008--C 176 A. 10008--C
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be [fourteen billion four hundred eighty million eight
hundred sixty thousand dollars $14,480,860,000] SEVENTEEN BILLION SEVEN
HUNDRED FIFTY MILLION ONE HUNDRED SIXTY THOUSAND DOLLARS
$17,750,160,000, exclusive of bonds issued to fund any debt service
reserve funds, pay costs of issuance of such bonds, and bonds or notes
issued to refund or otherwise repay bonds or notes previously issued.
Such bonds and notes of the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the corporation for debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision one of this section,
and such bonds and notes shall contain on the face thereof a statement
to such effect.
§ 38. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 44 of part MM of chapter 56 of the laws of 2025, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [one billion two hundred seven-
teen million seven hundred fifty-five thousand dollars $1,217,755,000]
ONE BILLION TWO HUNDRED SEVENTY MILLION FIVE HUNDRED EIGHTY THOUSAND
DOLLARS $1,270,580,000, excluding bonds issued after April first, two
thousand twenty-five to (a) fund one or more debt service reserve funds,
(b) to pay costs of issuance of such bonds, and (c) refund or otherwise
repay such bonds or notes previously issued, provided that nothing here-
in shall affect the exclusion of refunding debt issued prior to such
date. Which authorization increases the aggregate principal amount of
bonds, notes and other obligations authorized by section 40 of chapter
309 of the laws of 1996, and shall include all bonds, notes and other
obligations issued pursuant to chapter 211 of the laws of 1990, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the youth facili-
ties improvement fund or the capital projects fund, to pay for all or
any portion of the amount or amounts paid by the state from appropri-
ations or reappropriations made to the office of children and family
services from the youth facilities improvement fund or the capital
projects fund for capital projects.
§ 39. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 45 of part MM of chapter 56 of the laws of 2025, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture projects including aviation projects, non-MTA mass transit
projects, and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed
S. 9008--C 177 A. 10008--C
[seventeen billion thirty million twenty-seven thousand dollars
$17,030,027,000] EIGHTEEN BILLION FIVE HUNDRED SIXTY-TWO MILLION THREE
HUNDRED EIGHTY-FIVE THOUSAND DOLLARS $18,562,385,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and to refund or otherwise repay such bonds or
notes previously issued. Such bonds and notes of the authority, the
dormitory authority and the urban development corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the authority, the dormitory authority and the urban develop-
ment corporation for principal, interest, and related expenses pursuant
to a service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
§ 40. Subdivision 1 of section 44 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 46 of part MM of chapter 56 of the
laws of 2025, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for the regional economic development council initiative,
the economic transformation program, state university of New York
college for nanoscale and science engineering, projects within the city
of Buffalo or surrounding environs, the New York works economic develop-
ment fund, projects for the retention of professional football in west-
ern New York, the empire state economic development fund, the clarkson-
trudeau partnership, the New York genome center, the Cornell university
college of veterinary medicine, the olympic regional development author-
ity, projects at nano Utica, Onondaga county revitalization projects,
Binghamton university school of pharmacy, New York power electronics
manufacturing consortium, regional infrastructure projects, high tech
innovation and economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or facilities
used to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge armory
project, strategic economic development projects, the cultural, arts and
public spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
athletic facilities for professional football in Orchard Park, New York,
Rush - NY, New York AI Consortium, New York Creates UEV Tool, and other
state costs associated with such projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [twenty-three billion seven hundred five million two hundred
fifty-three thousand dollars $23,705,253,000] TWENTY-SIX BILLION FOUR
HUNDRED NINETY-EIGHT MILLION FOUR HUNDRED FIFTY-THREE THOUSAND DOLLARS
$26,498,453,000, excluding bonds issued to fund one or more debt service
S. 9008--C 178 A. 10008--C
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued. Such bonds and notes of the dormitory authority and the corpo-
ration shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
§ 41. Subdivision (a) of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 47 of part MM of chapter 56 of the laws of 2025, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, one or more
authorized issuers as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [three hundred ninety-seven
million dollars $397,000,000] FOUR HUNDRED FORTY-TWO MILLION DOLLARS
$442,000,000, excluding bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital projects for public
protection facilities in the Division of Military and Naval Affairs,
debt service and leases; and to reimburse the state general fund for
disbursements made therefor. Such bonds and notes of such authorized
issuer shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to such authorized issuer for debt
service and related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 42. Subdivision 1 of section 50 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 48 of part MM of chapter 56 of the
laws of 2025, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs undertaken by or on behalf of the state educa-
tion department, special act school districts, state-supported schools
for the blind and deaf, approved private special education schools,
non-public schools, community centers, day care facilities, residential
camps, day camps, Native American Indian Nation schools, and other state
costs associated with such capital projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [four hundred forty million three hundred ninety-seven thou-
sand dollars $440,397,000] FOUR HUNDRED EIGHTY-FIVE MILLION NINE HUNDRED
SIXTY THOUSAND DOLLARS $485,960,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs of issuance of such
S. 9008--C 179 A. 10008--C
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued. Such bonds and notes of the dormitory
authority and the urban development corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the urban development corporation for prin-
cipal, interest, and related expenses pursuant to a service contract and
such bonds and notes shall contain on the face thereof a statement to
such effect. Except for purposes of complying with the internal revenue
code, any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds.
§ 43. Subdivision 1 of section 1680-k of the public authorities law,
as amended by section 49 of part MM of chapter 56 of the laws of 2025,
is amended to read as follows:
1. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any provisions of law to the contrary, the
dormitory authority is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [forty-one
million one hundred seventy-five thousand dollars $41,175,000] FORTY-ONE
MILLION TWO HUNDRED NINETY THOUSAND DOLLARS $41,290,000, excluding bonds
issued to finance one or more debt service reserve funds, to pay costs
of issuance of such bonds, and bonds or notes issued to refund or other-
wise repay such bonds or notes previously issued, for the purpose of
financing the construction of the New York state agriculture and markets
food laboratory. Eligible project costs may include, but not be limited
to the cost of design, financing, site investigations, site acquisition
and preparation, demolition, construction, rehabilitation, acquisition
of machinery and equipment, and infrastructure improvements. Such bonds
and notes of such authorized issuers shall not be a debt of the state,
and the state shall not be liable thereon, nor shall they be payable out
of any funds other than those appropriated by the state to such author-
ized issuers for debt service and related expenses pursuant to any
service contract executed pursuant to subdivision two of this section
and such bonds and notes shall contain on the face thereof a statement
to such effect. Except for purposes of complying with the internal
revenue code, any interest income earned on bond proceeds shall only be
used to pay debt service on such bonds.
§ 44. Subdivision 1 of section 1680-r of the public authorities law,
as amended by section 50 of part MM of chapter 56 of the laws of 2025,
is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the capital restructuring financing program
for health care and related facilities licensed pursuant to the public
health law or the mental hygiene law and other state costs associated
with such capital projects, the health care facility transformation
programs, the essential health care provider program, and other health
care capital project costs. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [six
billion one hundred sixty-eight million dollars $6,168,000,000] SEVEN
BILLION ONE HUNDRED SEVENTY-EIGHT MILLION DOLLARS $7,178,000,000,
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the urban development
S. 9008--C 180 A. 10008--C
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the urban
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
§ 45. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 52 of part MM of chapter 56 of the laws of 2025, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [five
hundred fifty million one hundred thousand dollars $550,100,000] SIX
HUNDRED SIXTEEN MILLION ONE HUNDRED THOUSAND DOLLARS $616,100,000,
excluding bonds issued to finance one or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects including IT initiatives for
the division of state police, debt service and leases; and to reimburse
the state general fund for disbursements made therefor. Such bonds and
notes of such authorized issuer shall not be a debt of the state, and
the state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state to such authorized
issuer for debt service and related expenses pursuant to any service
contract executed pursuant to subdivision (b) of this section and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
§ 46. Paragraph (b) of subdivision 3 and clause (B) of subparagraph
(iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap-
ter 63 of the laws of 2005, relating to the composition and responsibil-
ities of the New York state higher education capital matching grant
board, as amended by section 47 of part XX of chapter 56 of the laws of
2024, are amended to read as follows:
(b) Within amounts appropriated therefor, the board is hereby author-
ized and directed to award matching capital grants totaling [four
hundred twenty-five million dollars $425,000,000] FOUR HUNDRED SIXTY-
FIVE MILLION DOLLARS $465,000,000. Each college shall be eligible for a
grant award amount as determined by the calculations pursuant to subdi-
vision five of this section. In addition, such colleges shall be eligi-
ble to compete for additional funds pursuant to paragraph (h) of subdi-
vision four of this section.
(B) The dormitory authority shall not issue any bonds or notes in an
amount in excess of [four hundred twenty-five million dollars
$425,000,000] FOUR HUNDRED SIXTY-FIVE MILLION DOLLARS $465,000,000 for
the purposes of this section; excluding bonds or notes issued to fund
one or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued. Except for purposes of complying with the
S. 9008--C 181 A. 10008--C
internal revenue code, any interest on bond proceeds shall only be used
to pay debt service on such bonds.
§ 47. Paragraph a of subdivision 5 of section 89-b of the state
finance law, as amended by section 10 of part C of chapter 57 of the
laws of 2014, is amended to read as follows:
a. Moneys in the dedicated highway and bridge trust fund shall,
following appropriation by the legislature, be utilized for: recon-
struction, replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village roads, highways,
parkways, and bridges thereon, to restore such facilities to their
intended functions; construction, reconstruction, enhancement and
improvement of state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for traffic mitigation activities; aviation
projects authorized pursuant to section fourteen-j of the transportation
law and for payments to the general debt service fund of amounts equal
to amounts required for service contract payments related to aviation
projects as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged in transportation construction and recon-
struction projects, including a revolving fund for working capital
loans, and a bonding guarantee assistance program in accordance with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion of real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and bridges meet or
exceed their optimum useful life; expenses of control of snow and ice on
state highways by the department of transportation including but not
limited to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and for expenses of arterial maintenance
agreements with cities pursuant to section three hundred forty-nine of
the highway law; personal services, nonpersonal services, and fringe
benefit costs of the department of transportation for bus safety
inspection activities, rail safety inspection activities, and truck
safety inspection activities; costs of the department of motor vehicles,
including but not limited to personal and nonpersonal services; costs of
engineering and administrative services of the department of transporta-
tion, including but not limited to fringe benefits; the contract
services provided by private firms in accordance with section fourteen
of the transportation law; personal services and nonpersonal services,
for activities including but not limited to the preparation of designs,
plans, specifications and estimates; construction management and super-
vision activities; costs of appraisals, surveys, testing and environ-
mental impact statements for transportation projects; expenses in
connection with buildings, equipment, materials and facilities used or
useful in connection with the maintenance, operation, and repair of
highways, parkways and bridges thereon; and project costs for:
construction, reconstruction, improvement, reconditioning and preserva-
tion of rail freight facilities and intercity rail passenger facilities
and equipment; construction, reconstruction, improvement, reconditioning
and preservation of state, municipal and privately owned ports;
construction, reconstruction, improvement, reconditioning and preserva-
S. 9008--C 182 A. 10008--C
tion of municipal airports; privately owned airports and aviation capi-
tal facilities, excluding airports operated by the state or operated by
a bi-state municipal corporate instrumentality for which federal funding
is not available provided the project is consistent with an approved
airport layout plan; and construction, reconstruction, enhancement,
improvement, replacement, reconditioning, restoration, rehabilitation
and preservation of state, county, town, city and village roads, high-
ways, parkways and bridges; and construction, reconstruction, improve-
ment, reconditioning and preservation of fixed ferry facilities of
municipal and privately owned ferry lines for transportation purposes,
and the payment of debt service required on any bonds, notes or other
obligations and related expenses for highway, parkway, bridge and
project costs for: construction, reconstruction, improvement, recondi-
tioning and preservation of rail freight facilities and intercity rail
passenger facilities and equipment; construction, reconstruction,
improvement, reconditioning and preservation of state, municipal and
privately owned ports; construction, reconstruction, improvement, recon-
ditioning and preservation of municipal airports; privately owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate instrumentality
for which federal funding is not available provided the project is
consistent with an approved airport layout plan; construction, recon-
struction, enhancement, improvement, replacement, reconditioning, resto-
ration, rehabilitation and preservation of state, county, town, city and
village roads, highways, parkways and bridges; and construction, recon-
struction, improvement, reconditioning and preservation of fixed ferry
facilities of municipal and privately owned ferry lines for transporta-
tion purposes, purposes authorized on or after the effective date of
this section. Beginning with disbursements made on and after the first
day of April, nineteen hundred ninety-three, moneys in such fund shall
be available to pay such costs or expenses made pursuant to appropri-
ations or reappropriations made during the state fiscal year which began
on the first of April, nineteen hundred ninety-two. Beginning the first
day of April, nineteen hundred ninety-three, moneys in such fund shall
also be used for transfers to the general debt service fund and the
[revenue bond tax] GENERAL fund of amounts equal to that respectively
required for service contract and financing agreement payments as
provided and authorized by section three hundred eighty of the public
authorities law, section eleven of chapter three hundred twenty-nine of
the laws of nineteen hundred ninety-one, as amended, and sections
sixty-eight-c and sixty-nine-o of this chapter.
§ 48. Paragraph a of subdivision 5 of section 89-b of the state
finance law, as amended by section 52 of part JJJ of chapter 59 of the
laws of 2021, is amended to read as follows:
a. Moneys in the dedicated highway and bridge trust fund shall,
following appropriation by the legislature, be utilized for: recon-
struction, replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village roads, highways,
parkways, and bridges thereon, to restore such facilities to their
intended functions; construction, reconstruction, enhancement and
improvement of state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for traffic mitigation activities; aviation
projects authorized pursuant to section fourteen-j of the transportation
law and for payments to the general debt service fund of amounts equal
to amounts required for service contract payments related to aviation
S. 9008--C 183 A. 10008--C
projects as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged in transportation construction and recon-
struction projects, including a revolving fund for working capital
loans, and a bonding guarantee assistance program in accordance with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion of real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and bridges meet or
exceed their optimum useful life; expenses of control of snow and ice on
state highways by the department of transportation including but not
limited to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and for expenses of arterial maintenance
agreements with cities pursuant to section three hundred forty-nine of
the highway law; personal services, nonpersonal services, and fringe
benefit costs of the department of transportation for bus safety
inspection activities, rail safety inspection activities, and truck
safety inspection activities; [costs of the department of motor vehi-
cles, including but not limited to personal and nonpersonal services;]
costs of engineering and administrative services of the department of
transportation, including but not limited to fringe benefits; the
contract services provided by private firms in accordance with section
fourteen of the transportation law; personal services and nonpersonal
services, for activities including but not limited to the preparation of
designs, plans, specifications and estimates; construction management
and supervision activities; costs of appraisals, surveys, testing and
environmental impact statements for transportation projects; expenses in
connection with buildings, equipment, materials and facilities used or
useful in connection with the maintenance, operation, and repair of
highways, parkways and bridges thereon; and project costs for:
construction, reconstruction, improvement, reconditioning and preserva-
tion of rail freight facilities and intercity rail passenger facilities
and equipment; construction, reconstruction, improvement, reconditioning
and preservation of state, municipal and privately owned ports;
construction, reconstruction, improvement, reconditioning and preserva-
tion of municipal airports; privately owned airports and aviation capi-
tal facilities, excluding airports operated by the state or operated by
a bi-state municipal corporate instrumentality for which federal funding
is not available provided the project is consistent with an approved
airport layout plan; and construction, reconstruction, enhancement,
improvement, replacement, reconditioning, restoration, rehabilitation
and preservation of state, county, town, city and village roads, high-
ways, parkways and bridges; and construction, reconstruction, improve-
ment, reconditioning and preservation of fixed ferry facilities of
municipal and privately owned ferry lines for transportation purposes,
and the payment of debt service required on any bonds, notes or other
obligations and related expenses for highway, parkway, bridge and
project costs for: construction, reconstruction, improvement, recondi-
tioning and preservation of rail freight facilities and intercity rail
passenger facilities and equipment; construction, reconstruction,
improvement, reconditioning and preservation of state, municipal and
privately owned ports; construction, reconstruction, improvement, recon-
S. 9008--C 184 A. 10008--C
ditioning and preservation of municipal airports; privately owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate instrumentality
for which federal funding is not available provided the project is
consistent with an approved airport layout plan; construction, recon-
struction, enhancement, improvement, replacement, reconditioning, resto-
ration, rehabilitation and preservation of state, county, town, city and
village roads, highways, parkways and bridges; and construction, recon-
struction, improvement, reconditioning and preservation of fixed ferry
facilities of municipal and privately owned ferry lines for transporta-
tion purposes, purposes authorized on or after the effective date of
this section. Beginning with disbursements made on and after the first
day of April, nineteen hundred ninety-three, moneys in such fund shall
be available to pay such costs or expenses made pursuant to appropri-
ations or reappropriations made during the state fiscal year which began
on the first of April, nineteen hundred ninety-two. Beginning the first
day of April, nineteen hundred ninety-three, moneys in such fund shall
also be used for transfers to the general debt service fund and the
general fund of amounts equal to that respectively required for service
contract and financing agreement payments as provided and authorized by
section three hundred eighty of the public authorities law, section
eleven of chapter three hundred twenty-nine of the laws of nineteen
hundred ninety-one, as amended, and sections sixty-eight-c and sixty-
nine-o of this chapter.
§ 49. Subdivision 2 of section 1680-q of the public authorities law,
as amended by section 47 of part TTT of chapter 59 of the laws of 2019,
is amended to read as follows:
2. The authority may, from and after April first, two thousand thir-
teen, issue dormitory facility revenue bonds in an amount not to exceed
one billion [three] EIGHT hundred [ninety-four] FORTY-FOUR million
dollars. Notwithstanding any other rule or law, such bonds shall not be
a debt of the state of New York or the state university nor shall the
state or the state university be liable thereon, nor shall they be paya-
ble out of any funds other than those of the authority constituting
dormitory facilities revenues. Such amount shall be exclusive of bonds
and notes issued to fund any reserve fund or funds, cost of issuance,
original issue premium, and to refund any prior dormitory facility bonds
or any dormitory facility revenue bonds. The authority and the state
university are hereby authorized to enter into agreements relating to,
among other things, the acquisition of property or interests therein,
the construction, reconstruction, rehabilitation, improvement, equipping
and furnishing of dormitory facilities, the operation and maintenance of
dormitory facilities, and the billing, collection and disbursement of
dormitory facilities revenues, the title to which has been conveyed,
assigned or otherwise transferred to the authority pursuant to paragraph
y of subdivision two of section three hundred fifty-five of the educa-
tion law. In no event shall the state university have any obligation
under the agreement to make payment with respect to, on account of or to
pay dormitory facilities revenue bonds, and such bonds shall be payable
solely from the dormitory facilities revenues assigned to the authority
by the state university. No debt shall be contracted except to finance
capital works or purposes. Notwithstanding any other provision of law,
dormitory facility revenues shall not be deemed to be revenues of the
state. Notwithstanding any other rule or law, the state shall not be
liable for any payments on any dormitory facility revenue bonds, and
such bonds shall not be a debt of the state and shall not be payable out
S. 9008--C 185 A. 10008--C
of any funds other than the dormitory facilities revenues assigned to
the authority by the state university.
§ 50. Paragraph (b) of subdivision 1 of section 54-b of section 1 of
chapter 174 of the laws of 1968 constituting the urban development
corporation act, as amended by section 56 of part MM of chapter 56 of
the laws of 2025, is amended to read as follows:
(b) Notwithstanding any other provision of law to the contrary,
including, specifically, the provisions of chapter 59 of the laws of
2000 and section sixty-seven-b of the state finance law, the dormitory
authority of the state of New York and the corporation are hereby
authorized to issue personal income tax revenue anticipation notes with
a maturity no later than March 31, [2026] 2027, in one or more series in
an aggregate principal amount for each fiscal year not to exceed three
billion dollars, and to pay costs of issuance of such notes, for the
purpose of temporarily financing budgetary needs of the state. Such
purpose shall constitute an authorized purpose under subdivision two of
section sixty-eight-a of the state finance law for all purposes of arti-
cle five-C of the state finance law with respect to the notes authorized
by this paragraph. Such notes shall not be renewed, extended or
refunded. For so long as any notes authorized by this paragraph shall be
outstanding, the restrictions, limitations and requirements contained in
article five-B of the state finance law shall not apply.
§ 51. Paragraph (b) of subdivision 1 and subdivision 2 of section 67-b
of the state finance law, as amended by section 34 of part P2 of chapter
62 of the laws of 2003, are amended to read as follows:
(b) If state-supported debt is issued to refund or otherwise affect
the refunding, retirement or defeasance of state-supported debt
originally issued on and after April first, two thousand, provided such
refundings are conducted in accordance with section thirteen of article
VII of the state constitution, the calculation of the total outstanding
principal amount of debt shall [exclude] INCLUDE such refunding debt,
and shall [only include] EXCLUDE the amount of prior refunded debt, [as
if it were still outstanding,] in each year until such refunding debt is
finally retired. Notwithstanding the foregoing, the provisions of such
section thirteen of article VII of the state constitution relating to
the maintenance or management of escrow funds and sinking funds shall
only be applicable to state-supported debt issued by the state comp-
troller. If state-supported debt is issued to refund or otherwise affect
the refunding, retirement or defeasance of state-supported debt issued
prior to April first, two thousand, then the amount of such refunding
debt shall be [excluded from] INCLUDED IN the calculation of the total
outstanding principal amount of debt in each year until such refunding
debt is finally retired. In addition, if state-supported debt is retired
or defeased with payments in any fiscal year made by the state that are
not required by mandatory payments, such debt shall be excluded from the
calculation of the total outstanding principal amount of debt, including
retirements or defeasances accomplished on an economic basis.
2. State-supported debt may not be contracted for unless, as of Octo-
ber thirty-first, two thousand one and as of each October thirty-first
thereafter, the total amount of interest, installments of principal,
contributions to sinking funds, and related payments on a cash basis of
accounting for state-supported debt in the immediately preceding fiscal
year is less than the designated percentage of total governmental funds
receipts for such fiscal year. Nothing shall preclude the contracting of
state-supported debt prior to October thirty-first of each year if, in
the immediately preceding fiscal year, the total amount of interest,
S. 9008--C 186 A. 10008--C
installments of principal, contributions to sinking funds, and related
payments was less than the designated percentage of total governmental
funds receipts. This shall include the total amount of payments on such
debt issued on and after April first, two thousand, but shall not
include payments in any fiscal year made by the state to defease or
retire debt not required by mandatory payments nor payments made by the
state for debt issued to refund debt that was issued prior to April
first, two thousand. In addition, if state-supported debt is issued to
refund or otherwise affect the refunding, retirement or defeasance of
state-supported debt originally issued on and after April first, two
thousand, provided such refundings are conducted in accordance with
section thirteen of article VII of the state constitution, the calcu-
lation of the total amount of interest, installments of principal,
contributions to sinking funds, and related payments shall [exclude]
INCLUDE payments made on such refunding debt, and shall [only include]
EXCLUDE the payments on the prior refunded debt, [as if it were still
outstanding,] in each year until such refunding debt is finally retired.
Such designated percentage shall be seven and one-half-tenths of one
percent for fiscal year two thousand--two thousand one, and shall
increase by five-tenths of one percent in fiscal year two thousand one-
-two thousand two, by an additional four-tenths of one percent in fiscal
year two thousand two--two thousand three, and by an additional one-
third of one percent in each of the ten subsequent fiscal years. The
designated percentage for fiscal year two thousand thirteen--two thou-
sand fourteen and for each fiscal year thereafter shall be five percent.
§ 52. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026; provided,
however, that the provisions of sections one, two, three, four, five,
six, seven, eight, fourteen, fifteen, sixteen, seventeen, eighteen,
nineteen, twenty, twenty-one and twenty-two of this act shall expire
March 31, 2027; and provided, further, that the amendments to paragraph
a of subdivision 5 of section 89-b of the state finance law made by
section forty-seven of this act shall be subject to the expiration and
reversion of such paragraph pursuant to section 2 of part B of chapter
84 of the laws of 2002, as amended, when upon such date the provisions
of section forty-eight of this act shall take effect.
PART HHH
Section 1. Section 102-a of the New York city civil court act is
amended by adding a new subdivision 2-d to read as follows:
2-D. TEN ADDITIONAL JUDGES OF THE CIVIL COURT OF THE CITY OF NEW YORK
SHALL BE ELECTED IN AND FROM THE RESIDENCES OF THE FOLLOWING COUNTIES IN
THE INDICATED NUMBERS:
FROM THE COUNTY OF BRONX, TWO, ONE TO BE ELECTED FROM THE FIRST MUNIC-
IPAL COURT DISTRICT AND ONE TO BE ELECTED FROM THE SECOND MUNICIPAL
COURT DISTRICT;
FROM THE COUNTY OF KINGS, THREE, ONE TO BE ELECTED FROM THE FOURTH
MUNICIPAL COURT DISTRICT, ONE TO BE ELECTED FROM THE SIXTH MUNICIPAL
COURT DISTRICT AND ONE TO BE ELECTED FROM THE SEVENTH MUNICIPAL COURT
DISTRICT;
FROM THE COUNTY OF NEW YORK, TWO, ONE TO BE ELECTED FROM THE FIRST
MUNICIPAL COURT DISTRICT AND ONE TO BE ELECTED FROM THE SEVENTH MUNICI-
PAL COURT DISTRICT;
S. 9008--C 187 A. 10008--C
FROM THE COUNTY OF QUEENS, TWO, ONE TO BE ELECTED FROM THE SECOND
MUNICIPAL COURT DISTRICT AND ONE TO BE ELECTED FROM THE FOURTH MUNICIPAL
COURT DISTRICT; AND
FROM THE COUNTY OF RICHMOND, ONE, TO BE ELECTED FROM THE FIRST MUNICI-
PAL COURT DISTRICT.
§ 2. The positions created by section one of this act shall be filled
by election at the November 3, 2026 election, for a term to commence on
the first day of January, 2027, as if such vacancies occurred on the
effective date of this act. Party nominations shall be made as provided
for in sections 6-116 and 6-158 of the election law, and the independent
nominations shall be made as provided for by subdivision 10 of section
6-158 of the election law.
§ 3. This act shall take effect June 1, 2026.
PART III
Section 1. The public service law is amended by adding a new section
67-b to read as follows:
§ 67-B. EXCELSIOR POWER PROGRAM. 1. AS USED IN THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CUSTOMER" MEANS A RESIDENTIAL RECIPIENT OF RETAIL ELECTRIC OR GAS
SERVICE FROM AN ELECTRIC CORPORATION, GAS CORPORATION, OR COMBINATION
GAS AND ELECTRIC CORPORATION.
(B) "SMART THERMOSTAT" MEANS AN ELECTRONIC DEVICE THAT HAS THE CAPA-
BILITY TO BE ACCESSED AND CONTROLLED REMOTELY AND ALSO DIRECTLY REGU-
LATES HEATING AND/OR COOLING APPLIANCES LOCATED WITHIN A DWELLING TO
MAINTAIN A THERMOSTATIC RANGE.
(C) "UTILITY" MEANS AN ELECTRIC CORPORATION, A GAS CORPORATION, OR
COMBINATION ELECTRIC AND GAS CORPORATION AS SUCH TERMS ARE DEFINED IN
SECTION TWO OF THIS CHAPTER AND SHALL NOT INCLUDE MUNICIPALITIES.
(D) "PROGRAM" MEANS THE EXCELSIOR POWER PROGRAM DESIGNED TO REDUCE
PEAK ENERGY DEMAND ESTABLISHED BY THIS SECTION.
(E) "CUSTOMER INFORMATION" MEANS THE PERSONAL INFORMATION AND DATA OF
CUSTOMERS.
2. (A) THE COMMISSION SHALL ESTABLISH A PROGRAM, DEVELOPED AND ADMIN-
ISTERED BY THE DEPARTMENT, TO REDUCE PEAK ENERGY DEMAND THROUGH THE
REMOTE OPERATION OF VOLUNTARILY CUSTOMER ENROLLED SMART THERMOSTATS OR
OTHER SMART DEVICES THAT REDUCE PEAK ENERGY DEMAND.
(B) FOLLOWING THE ESTABLISHMENT OF THE PROGRAM, THE DEPARTMENT SHALL,
SUBJECT TO APPROPRIATION, DISBURSE AVAILABLE FUNDS TO UTILITIES PARTIC-
IPATING IN THE PROGRAM FOR THE PURPOSE OF PROVIDING BILL CREDITS TO
CUSTOMERS THAT HAVE ENROLLED IN THE PROGRAM.
(C) ONE YEAR AFTER THE ESTABLISHMENT OF THE PROGRAM AND ANNUALLY THER-
EAFTER, FOR AS LONG AS THE PROGRAM REMAINS ACTIVE, THE DEPARTMENT SHALL
PREPARE A PUBLIC REPORT ON THE FUNCTIONING, EFFICIENCY AND USEFULNESS OF
THE PROGRAM IN REDUCING PEAK ENERGY DEMAND, WHICH SHALL INCLUDE ENROLL-
MENT INFORMATION, INFORMATION ON CURTAILMENT EVENTS, AND POTENTIAL
RECOMMENDATIONS TO IMPROVE THE PROGRAM.
(D) THE DEPARTMENT SHALL REQUIRE THAT THE PROGRAM INCLUDE:
(I) A MECHANISM FOR CUSTOMERS TO OVERRIDE THE SMART THERMOSTAT DURING
EXTREME HEAT OR COLD EVENTS. NO ASSESSMENT OF A FEE, CHARGE, OR PENALTY
TO A CUSTOMER OR THEIR ACCOUNT MAY BE LEVIED FOR OVERRIDING THE SMART
THERMOSTAT DURING THESE OR OTHER DEMAND RESPONSE EVENTS, EXCEPT THAT,
ANY BILL CREDITS THAT ARE ASSOCIATED WITH A CUSTOMER'S INVOLVEMENT IN
THE PROGRAM, MAY BE DISCOUNTED IN A MANNER TO BE DETERMINED BY THE
S. 9008--C 188 A. 10008--C
COMMISSION THAT REFLECTS THE CUSTOMER'S LIMITED INVOLVEMENT IN THE
PROGRAM; AND
(II) CRITERIA PERTAINING TO THE LENGTH OF TEMPERATURE ADJUSTMENTS,
INCLUDING TAKING ACCOUNT OF THE LIMITED NATURE OF DEMAND RESPONSE
EVENTS.
(E) THE UTILITY OR THE COMMISSION MAY AUTHORIZE A REVIEW, ANALYSIS, OR
AUDIT OF A UTILITY'S IMPLEMENTATION OF THE PROGRAM.
3. (A) CUSTOMER PARTICIPATION IN THE PROGRAM SHALL BE VOLUNTARY.
CUSTOMER ENROLLMENT IN THE PROGRAM SHALL OCCUR THROUGH THE UTILITY FROM
WHICH THE CUSTOMER RECEIVES SERVICE.
(B) NO UTILITY SHALL ENROLL A CUSTOMER IN THE PROGRAM WITHOUT THE
CUSTOMER'S AFFIRMATIVE CONSENT, WHICH SHALL BE CONFIRMED VIA WRITTEN
CONSENT THAT SHALL BE MAINTAINED BY THE UTILITY FOR SEVEN YEARS FOLLOW-
ING THE CUSTOMER'S DISENROLLMENT IN THE PROGRAM. CUSTOMER ENROLLMENT
SHALL OCCUR ONLY VIA AN OPT-IN PROCESS, AND THE UTILITY SHALL INFORM
CUSTOMERS OF THEIR RIGHTS AND PROTECTIONS UNDER THE PROGRAM.
(C) A CUSTOMER MAY DISENROLL FROM THE PROGRAM IN A MANNER PRESCRIBED
BY THE COMMISSION, PROVIDED THAT CUSTOMERS SHALL BE OFFERED A METHOD OF
DISENROLLMENT NO LESS CONVENIENT THAN THE METHOD OF ENROLLMENT. NO
ASSESSMENT OF A FEE, CHARGE, OR PENALTY TO THE CUSTOMER OR THEIR ACCOUNT
MAY BE LEVIED FOR DISENROLLMENT, EXCEPT THAT, UPON SUCH DISENROLLMENT,
ANY POTENTIAL BILL CREDITS THAT MAY HAVE BEEN ASSOCIATED WITH A CUSTOM-
ER'S ENROLLMENT IN THE PROGRAM, SHALL CEASE, PROVIDED THAT ANY CREDITS
EARNED BUT NOT YET APPLIED TO THE CUSTOMER'S BILL AS OF THE DATE OF
DISENROLLMENT SHALL BE APPLIED TO THE CUSTOMER'S NEXT BILL.
4. (A) CUSTOMER INFORMATION RELATED TO THE PROGRAM SHALL BE TREATED AS
CONFIDENTIAL INFORMATION.
(B) UTILITIES SHALL ONLY COLLECT CUSTOMER INFORMATION TO THE EXTENT
NECESSARY TO EFFECTIVELY ADMINISTER THE PROGRAM. UTILITIES SHALL TAKE
ALL REASONABLE STEPS TO MAINTAIN THE CONFIDENTIALITY OF CUSTOMER INFOR-
MATION RELATED TO THE PROGRAM. UTILITIES SHALL NOT SELL, LEND, LEASE,
SHARE, EXCHANGE OR PROVIDE SUCH CUSTOMER INFORMATION TO THIRD PARTIES,
EXCEPT PURSUANT TO A LAWFUL SUBPOENA OR WARRANT OR AS OTHERWISE REQUIRED
BY LAW. UTILITIES SHALL SAFELY STORE AND SAFELY ENCRYPT CUSTOMER INFOR-
MATION RELATED TO THE PROGRAM TO PROTECT AGAINST UNAUTHORIZED USE OR
ACCESS. UTILITIES SHALL ALSO DISPOSE OF, DESTROY, OR DELETE CUSTOMER
INFORMATION AT THE END OF THE PROVISION OF SERVICES AND UPON DISENROLL-
MENT, EXCEPT AS NECESSARY TO COMPLY WITH THIS SECTION, ANY APPLICABLE
NEW YORK STATE OR FEDERAL LAW OR RULE OR REGULATION.
(C) UTILITIES SHALL TAKE ALL REASONABLE STEPS TO PROTECT AGAINST UNAU-
THORIZED USE OR ACCESS OF CUSTOMERS' SMART THERMOSTATS OR OTHER MALI-
CIOUS ACTS BY THIRD PARTIES.
(D) THE DEPARTMENT SHALL CONSIDER ADDITIONAL CYBERSECURITY
PROTECTIONS, AND SHALL ESTABLISH SUCH PROTECTIONS IF THE DEPARTMENT
DEEMS THEM NECESSARY OR APPROPRIATE TO SAFEGUARD CUSTOMER INFORMATION
AND CUSTOMER SMART THERMOSTATS.
(E) UTILITIES SHALL MAKE AVAILABLE CUSTOMER INFORMATION TO THE DEPART-
MENT UPON REQUEST, PROVIDED SUCH CUSTOMER INFORMATION CONTINUES TO BE
TREATED AS CONFIDENTIAL INFORMATION IN A MANNER NO LESS PROTECTIVE THAN
AS REQUIRED BY THIS SUBDIVISION, AND SUCH CUSTOMER INFORMATION IS ONLY
REQUESTED AND USED FOR PURPOSES OF IMPLEMENTING AND ENFORCING THE
PROGRAM.
5. IN THE DEVELOPMENT OF THE PROGRAM, THE COMMISSION SHALL REQUIRE
INCLUSION OF:
(A) CUSTOMER EDUCATION REQUIREMENTS, SUCH AS EXAMPLES OF WHEN A UTILI-
TY MAY MODIFY THE SETTINGS OF AN ENROLLED SMART THERMOSTAT, THE MINIMUM
S. 9008--C 189 A. 10008--C
AND MAXIMUM RANGE OF TEMPERATURE ADJUSTMENTS, AND THE AVAILABILITY OF
OTHER ENERGY EFFICIENCY AND AFFORDABILITY PROGRAMS; AND
(B) RESIDENTIAL CUSTOMER OUTREACH EFFORTS, METHODS TO PROVIDE ADVANCE
NOTICE TO ENROLLED CUSTOMERS OF POTENTIAL CURTAILMENT EVENTS SUCH AS
FORECASTED HIGH ENERGY DEMAND EVENTS OR EXTREME WEATHER EVENTS, IDEN-
TIFICATION OF SMART THERMOSTATS ELIGIBLE TO PARTICIPATE IN THE PROGRAM,
AND ACTIONS TO ENGAGE NON-RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL CUSTOM-
ERS IN ENERGY DEMAND REDUCTION EFFORTS BEFORE ADJUSTING PARTICIPATING
RESIDENTIAL CUSTOMERS' ENERGY LOAD.
§ 2. The public authorities law is amended by adding a new section
1020-nn to read as follows:
§ 1020-NN. IMPLEMENTATION OF EXCELSIOR POWER PROGRAM IN AUTHORITY'S
SERVICE AREA. THE AUTHORITY AND ITS SERVICE PROVIDER SHALL DEVELOP AND
IMPLEMENT A PROGRAM DESIGNED TO REDUCE PEAK ENERGY DEMAND CONSISTENT
WITH THE PROVISIONS OF SECTION SIXTY-SEVEN-B OF THE PUBLIC SERVICE LAW.
THE AUTHORITY SHALL ANNUALLY SUBMIT A PUBLIC REPORT TO THE DEPARTMENT OF
PUBLIC SERVICE DESCRIBING THE IMPLEMENTATION, OPERATION, AND RESULTS OF
THE PROGRAM. PURSUANT TO SECTION THREE-B OF THE PUBLIC SERVICE LAW, THE
DEPARTMENT OF PUBLIC SERVICE MAY REVIEW AND MAKE RECOMMENDATIONS
CONCERNING THE IMPLEMENTATION AND OPERATION OF THE PROGRAM BY THE
AUTHORITY AND ITS SERVICE PROVIDER.
§ 3. This act shall take effect immediately.
PART JJJ
Section 1. For the purposes of this act, the following terms shall
have the following meanings:
1. "Authorized project" shall mean any installation, construction,
demolition, reconstruction, excavation, rehabilitation, remediation,
repair, or renovation in connection with the District Galleria project
located in the city of White Plains.
2. "Project labor agreement" shall have the meaning set forth in
subdivision 1 of section 222 of the labor law.
§ 2. Notwithstanding any general, special, or local law, rule or regu-
lation to the contrary, an authorized project may be undertaken pursuant
to a project labor agreement considering interest in preventing favori-
tism, fraud and corruption, and other considerations such as the impact
of delay, the possibility of cost savings advantages, and any local
history of labor unrest.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed ten years after such date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through JJJ of this act shall
be as specifically set forth in the last section of such Parts.Every fact on this page links to its source, starting with the official bill record.