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S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3008--C A. 3008--C
S E N A T E - A S S E M B L Y
January 22, 2025
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- 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 the executive law, in relation to the Waterfront Commis-
sion Act (Part A); to amend part I of chapter 413 of the laws of 1999
relating to providing for mass transportation payments, in relation to
the amount of payments in the Central New York Regional Transportation
District and adding Cortland County to such District (Part B); to
amend the vehicle and traffic law, in relation to extending provisions
related to a pilot program regarding an internet-based pre-licensing
course; and to amend chapter 368 of the laws of 2019 amending the
vehicle and traffic law and state finance law relating to establishing
a pre-licensing course internet program, in relation to extending the
effectiveness thereof (Part C); to amend the vehicle and traffic law,
in relation to abandoned vehicles (Part D); intentionally omitted
(Part E); intentionally omitted (Part F); intentionally omitted (Part
G); intentionally omitted (Part H); to amend part PP of chapter 54 of
the laws of 2016, amending the public authorities law and the general
municipal law relating to the New York transit authority and the
metropolitan transportation authority, in relation to extending
provisions of law relating to certain tax increment financing
provisions (Part I); to amend chapter 929 of the laws of 1986 amending
the tax law and other laws relating to the metropolitan transportation
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12573-05-5
S. 3008--C 2 A. 3008--C
authority, in relation to extending certain provisions thereof appli-
cable to the resolution of labor disputes (Part J); to amend the
public authorities law, in relation to acquisitions or transfers of
property for certain transit projects; and to amend part VVV of chap-
ter 58 of the laws of 2020 amending the public authorities law relat-
ing to acquisitions or transfers of property for transit projects, in
relation to the effectiveness thereof (Part K); to amend part UUU of
chapter 58 of the laws of 2020 amending the state finance law relating
to providing funding for the Metropolitan Transportation Authority
2020-2024 capital program and paratransit operating expenses, in
relation to funding for net paratransit operating expenses and in
relation to the effectiveness thereof (Part L); to amend the state
finance law, in relation to providing funding for the metropolitan
transportation authority 2025-2029 capital program (Part M); to amend
the vehicle and traffic law, the general municipal law and chapter 773
of the laws of 2021, amending the vehicle and traffic law and the
public officers law relating to establishing a demonstration program
on interstate route 278 in Kings county to enforce vehicle weight
restriction on such interstate by means of mobile or stationary weigh
in motion systems, in relation to establishing a demonstration program
on certain covered locations to enforce vehicle weight restriction on
such interstate by means of mobile or stationary weigh in motion
systems; to amend chapter 773 of the laws of 2021, amending the vehi-
cle and traffic law and the public officers law relating to establish-
ing a demonstration program on interstate route 278 in Kings county to
enforce vehicle weight restriction on such interstate by means of
mobile or stationary weigh in motion systems, in relation to the
effectiveness thereof; and to repeal certain provisions of chapter 773
of the laws of 2021, amending the vehicle and traffic law and the
public officers law relating to establishing a demonstration program
on interstate route 278 in Kings county to enforce vehicle weight
restriction on such interstate by means of mobile or stationary weigh
in motion systems, relating thereto (Part N); intentionally omitted
(Part O); intentionally omitted (Part P); to amend the vehicle and
traffic law, in relation to the speed violation photo monitoring
systems program in work zones including authorizing a photo monitoring
program for the Triborough bridge and tunnel authority and New York
state bridge authority; and to amend chapter 421 of the laws of 2021
amending the vehicle and traffic law and the general municipal law
relating to certain notices of liability, in relation to extending
such provisions (Part Q); intentionally omitted (Part R); to amend
chapter 495 of the laws of 2004, amending the insurance law and the
public health law relating to the New York state health insurance
continuation assistance demonstration project, in relation to the
effectiveness thereof (Part S); to amend the public authorities law,
in relation to authorizing the Olympic regional development authority
to enter into agreements for membership of one or more of its ski
venues in reciprocal ski pass programs where such members are required
to guarantee contractual indemnity up to a capped amount (Part T); to
amend the general business law, in relation to artificial intelligence
companion models; and to amend the state finance law, in relation to
establishing a suicide prevention fund (Part U); to amend the general
business law, in relation to refund policies (Part V); to amend the
general business law, in relation to automatic renewals (Part W); to
amend the general business law, in relation to requiring disclosure of
algorithmically set prices (Part X); to amend the banking law, in
S. 3008--C 3 A. 3008--C
relation to the regulation of buy-now-pay-later lenders (Part Y); to
amend the insurance law, in relation to reporting requirements for
pharmacy benefit managers (Part Z); intentionally omitted (Part AA);
intentionally omitted (Part BB); to amend the insurance law, in
relation to for hire motor vehicle insurance rates (Part CC); inten-
tionally omitted (Part DD); 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 EE); to amend chapter 393
of the laws of 1994, amending the New York state urban development
corporation act, relating to the powers of the New York state urban
development corporation to make loans, in relation to extending loan
powers (Part FF); to amend part BB of chapter 58 of the laws of 2012,
amending the public authorities law, relating to authorizing the
dormitory authority to enter into certain design and construction
management agreements, in relation to the effectiveness thereof (Part
GG); intentionally omitted (Part HH); intentionally omitted (Part II);
intentionally omitted (Part JJ); to amend chapter 261 of the laws of
1988, amending the state finance law and other laws relating to the
New York state infrastructure trust fund, in relation to the effec-
tiveness thereof; and to amend the executive law, in relation to a
policy study regarding ways to improve the effectiveness of the minor-
ity and women-owned business enterprise program (Part KK); to amend
the state finance law, in relation to the excelsior linked deposit
program (Part LL); to amend the state finance law and the public
authorities law, in relation to purchasing thresholds (Part MM); to
amend the insurance law, the public authorities law and the tax law,
in relation to authorizing the New York convention center operating
corporation to create a pure captive insurance company (Part NN);
intentionally omitted (Part OO); to amend the environmental conserva-
tion law, in relation to extending the waste tire management fee for
two years and removing the exclusion for mail order sales (Part PP);
to amend part ZZ of chapter 55 of the laws of 2021 amending the envi-
ronmental conservation law relating to establishing a deer hunting
pilot program, in relation to extending provisions of the youth deer
hunting program (Part QQ); to amend the environmental conservation
law, the state finance law and the public authorities law, in relation
to the inactive hazardous waste disposal site program (Part RR); to
amend the general business law, in relation to the recall of class B
firefighting foam and prohibiting the sale or distribution of fire-
fighting personal protective equipment that contains intentionally
added PFAS (Part SS); to amend the tax law, in relation to exemptions
for any not-for-profit tax exempt corporation operated for conserva-
tion, environmental, parks or historic preservation purposes (Part
TT); intentionally omitted (Part UU); in relation to authorizing the
New York state energy research and development authority to finance a
portion of its research, development and demonstration, policy and
planning, and Fuel NY program, as well as climate change related
expenses of the department of environmental conservation from an
assessment on gas and electric corporations (Part VV); intentionally
omitted (Part WW); to authorize utility and cable television assess-
ments that provide funds to the department of health from cable tele-
vision assessment revenues and to the department of agriculture and
markets, department of state, the office of parks, recreation and
historic preservation, and the department of environmental conserva-
tion from utility assessment revenues; requires accountings be submit-
S. 3008--C 4 A. 3008--C
ted of such funds; and providing for the repeal of such provisions
upon expiration thereof (Part XX); to amend the general business law
and the state finance law, in relation to increasing and redirecting
civil penalties for failing to comply with the department of public
service's prescribed rules and regulations established for the
protection of underground facilities; and to amend chapter 522 of the
laws of 2000, amending the state finance law and the general business
law relating to establishing the underground facilities safety train-
ing account, in relation to the effectiveness thereof (Part YY); to
amend the tax law, in relation to authorizing the department of taxa-
tion and finance to disclose certain information to the department of
environmental conservation or the New York state energy research and
development authority for the purpose of implementing the New York
state climate leadership and community protection act (Part ZZ);
intentionally omitted (Part AAA); in relation to establishing a
commission to ensure the replacement of the statue of Robert R.
Livingston in the National Statuary Hall of the United States Capitol
with a statue of Harriet Tubman (Part BBB); to amend the environmental
conservation law, in relation to extending certain rebates for clean
vehicle projects (Part CCC); to amend the cannabis law, in relation to
appointments to the cannabis control board and agreements of such
board with the New York state Indian nations and tribes (Part DDD);
and to amend the cannabis law, in relation to a special license fee;
to amend the state finance law, in relation to making a conforming
technical change; and providing for the repeal of certain provisions
upon the expiration thereof (Part EEE)
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 2025-2026 state fiscal
year. Each component is wholly contained within a Part identified as
Parts A through EEE. 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
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. Paragraph (a) of subdivision 4 of section 534-n of the
executive law, as added by section 2 of part L of chapter 58 of the laws
of 2024, is amended to read as follows:
(a) The commission may temporarily suspend a permit, license or regis-
tration pursuant to the provisions of this subdivision until further
order of the commission or final disposition of the underlying case,
[only] where the permittee, licensee or registrant has been indicted
for, or otherwise charged with, a crime which is equivalent to a felony
in the state of New York or any crime punishable by death or imprison-
ment for a term exceeding three hundred sixty-four days or [only] where
S. 3008--C 5 A. 3008--C
the permittee or licensee is a security officer who is charged by the
commission pursuant to this section with misappropriating any other
person's property at or on a pier or other waterfront terminal.
§ 2. Subdivisions 6 and 7 of section 534-u of the executive law, as
added by section 2 of part L of chapter 58 of the laws of 2024, are
amended to read as follows:
6. Association with a person who has been identified by a federal,
state, or local law enforcement agency as a member or associate of an
organized crime group, a terrorist group, or a career offender cartel,
or who is a career offender, under circumstances where such association
creates a reasonable belief that the participation of the [applicant]
LICENSEE OR REGISTRANT in any activity required to be licensed under
this act would be inimical to the policies of this article, provided
however that association without the requisite showing of inimicality as
set forth herein shall be insufficient grounds for revocation; or
7. Conviction of a racketeering activity or knowing association with a
person who has been convicted of a racketeering activity by a court of
the United States or any state or territory thereof under circumstances
where such association creates a reasonable belief that the partic-
ipation of the [applicant] LICENSEE OR REGISTRANT in any activity
required to be licensed under this act would be inimical to the policies
of this article, provided, however, that association without the requi-
site showing of inimicality as set forth herein shall be insufficient
grounds for revocation.
§ 3. This act shall take effect immediately.
PART B
Section 1. Section 1 of part I of chapter 413 of the laws of 1999
relating to providing for mass transportation payments, as amended by
section 1 of part E of chapter 58 of the laws of 2024, is amended to
read as follows:
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, payment of mass transportation operating assistance pursuant
to section 18-b of the transportation law shall be subject to the
provisions contained herein and the amounts made available therefor by
appropriation.
In establishing service and usage formulas for distribution of mass
transportation operating assistance, the commissioner of transportation
may combine and/or take into consideration those formulas used to
distribute mass transportation operating assistance payments authorized
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
To improve the predictability in the level of funding for those
systems receiving operating assistance payments under service and usage
formulas, the commissioner of transportation is authorized with the
approval of the director of the budget, to provide service payments
based on service and usage statistics of the preceding year.
In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching payments required to be made by a county to any such authority
shall be as follows:
Percentage
S. 3008--C 6 A. 3008--C
of Matching
Local Jurisdiction Payment
--------------------------------------------
In the Metropolitan Commuter
Transportation District:
New York City ................ 6.40
Dutchess ..................... 1.30
Nassau ....................... 39.60
Orange ....................... 0.50
Putnam ....................... 1.30
Rockland ..................... 0.10
Suffolk ...................... 25.70
Westchester .................. 25.10
In the Capital District Trans-
portation District:
Albany ....................... 54.05
Rensselaer ................... 22.45
Saratoga ..................... 3.95
Schenectady .................. 15.90
Montgomery ................... 1.44
Warren ....................... 2.21
In the Central New York Re-
gional Transportation Dis-
trict:
Cayuga ....................... [5.11] 5.05
Onondaga ..................... [75.83] 74.94
Oswego ....................... [2.85] 2.82
Oneida ....................... [16.21] 16.02
CORTLAND...................... 1.17
In the Rochester-Genesee Re-
gional Transportation Dis-
trict:
Genesee ...................... 1.36
Livingston ................... .90
Monroe ....................... 90.14
Wayne ........................ .98
Wyoming ...................... .51
Seneca ....................... .64
Orleans ...................... .77
Ontario ...................... 4.69
In the Niagara Frontier Trans-
portation District: Erie ......................... 89.20
Niagara ...................... 10.80
Notwithstanding any other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to other
public transportation systems in payment of state operating assistance
or such lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
Notwithstanding the reporting date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving mass trans-
S. 3008--C 7 A. 3008--C
portation operating assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and where payment
is not made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other basis as may be
agreed upon by the commissioner of transportation, the director of the
budget, and the chief executive officer of such city, county, Indian
tribe or intercity bus company.
The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has iden-
tified a problem related to system performance, the commissioner may
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the evaluation
process.
Payments shall be made contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget, which shall
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The chief executive
officer of each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition to informa-
tion required by section 18-b of the transportation law, such other
information as the commissioner of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
Counties, municipalities or Indian tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
the service payment formula shall be required to describe the proposed
method of distributing governmental operating aid and submit it one
month prior to the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
distribution of state aid. The commissioner of transportation shall only
approve alternate distribution methods which are consistent with the
transportation needs of the people to be served and ensure that the
system of private operators does not exceed established maximum service
payment limits. Copies of such approvals shall be submitted to the
chairpersons of the senate finance and assembly ways and means commit-
tees.
Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized to
continue to use prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of 1981. In
the event that actual revenue passengers and actual total number of
S. 3008--C 8 A. 3008--C
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used as the basis of payment upon
approval by the commissioner of transportation. In such event, the
succeeding payment shall be adjusted to reflect the difference between
the actual and estimated total number of revenue passengers and vehicle,
nautical or car miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise specified by such commissioner. In the event that a public
transportation system ceases to participate in the program, operating
assistance due for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
Payments shall be contingent on compliance with audit requirements
determined by the commissioner of transportation.
In the event that an audit of a public transportation system or
private operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an over-
payment results from an audit of revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
ators in cases where more than a reasonable return based on equity or
operating revenues and expenses has resulted, the commissioner of trans-
portation, in addition to recovering the amount of state operating
assistance overpaid, shall also recover interest, as defined by the
department of taxation and finance, on the amount of the overpayment.
Notwithstanding any other law, rule or regulation to the contrary,
whenever the commissioner of transportation is notified by the comp-
troller that the amount of revenues available for payment from an
account is less than the total amount of money for which the public mass
transportation systems are eligible pursuant to the provisions of
section 88-a of the state finance law and any appropriations enacted for
these purposes, the commissioner of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law, payments
may be made in quarterly installments or in such other manner and at
such other times as the commissioner of transportation, with the
approval of the director of the budget may prescribe.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART C
Section 1. Section 399-s of the vehicle and traffic law, as amended
by section 3 of part ZZ of chapter 58 of the laws of 2020, is amended to
read as follows:
§ 399-s. Pilot program scope and duration. The commissioner shall
conduct a pilot program designed to evaluate utilizing the internet for
delivering an approved pre-licensing course required by subparagraph (i)
of paragraph (a) of subdivision four of section five hundred two of this
chapter, by permitting qualified applicants to participate in the pilot
program from June thirtieth, two thousand twenty to June thirtieth, two
thousand [twenty-five] THIRTY. Provided that applicants for class DJ
S. 3008--C 9 A. 3008--C
and class MJ licenses shall not be eligible to participate in such pilot
program.
§ 2. Section 6 of chapter 368 of the laws of 2019 amending the vehicle
and traffic law and state finance law relating to establishing a pre-li-
censing course internet program, is amended to read as follows:
§ 6. This act shall take effect June 30, 2020 and shall expire and be
deemed repealed June 30, [2025] 2030; provided, however, that the amend-
ments to paragraph (a) of subdivision 3 of section 89-b of the state
finance law made by section four of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 13 of
part U1 of chapter 62 of the laws of 2003, as amended, when upon such
date the provisions of section five of this act shall take effect.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
§ 3. This act shall take effect immediately; provided, however, that
the amendment to section 399-s of the vehicle and traffic law made by
section one of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.
PART D
Section 1. Subdivision 2 of section 1224 of the vehicle and traffic
law, as amended by chapter 540 of the laws of 2002, is amended to read
as follows:
2. If an abandoned vehicle, at the time of abandonment, has no number
plates affixed and is of a wholesale value, taking into consideration
the condition of the vehicle, of [one] TWO thousand two hundred fifty
dollars or less, ownership shall immediately vest in the local authority
having jurisdiction thereof and title to the vehicle shall vest in
accordance with applicable law and regulations of the commissioner,
provided however that a local authority shall not be required to obtain
title to an abandoned vehicle that is subject to the provisions of this
subdivision if the vehicle will be sold or otherwise disposed of as junk
or salvage, dismantled for use other than as a motor vehicle, or other-
wise destroyed.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART E
Intentionally Omitted
PART F
Intentionally Omitted
PART G
Intentionally Omitted
PART H
S. 3008--C 10 A. 3008--C
Intentionally Omitted
PART I
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 A of chapter 58 of the
laws of 2024, 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, [2025] 2026, 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, 2025.
PART J
Section 1. Section 45 of chapter 929 of the laws of 1986 amending the
tax law and other laws relating to the metropolitan transportation
authority, as amended by section 1 of part G of chapter 58 of the laws
of 2023, is amended to read as follows:
§ 45. This act shall take effect immediately; except that: (a) para-
graph (d) of subdivision 3 of section 1263 of the public authorities
law, as added by section twenty-six of this act, shall be deemed to have
been in full force and effect on and after August 5, 1986; (b) sections
thirty-three and thirty-four of this act shall not apply to a certified
or recognized public employee organization which represents any public
employees described in subdivision 16 of section 1204 of the public
authorities law and such sections shall expire on July 1, [2025] 2027
and nothing contained within these sections shall be construed to divest
the public employment relations board or any court of competent juris-
diction of the full power or authority to enforce any order made by the
board or such court prior to the effective date of this act; (c) the
provisions of section thirty-five of this act shall expire on March 31,
1987; and (d) provided, however, the commissioner of taxation and
finance shall have the power to enforce the provisions of sections two
through nine of this act beyond December 31, 1990 to enable such commis-
sioner to collect any liabilities incurred prior to January 1, 1991.
§ 2. This act shall take effect immediately.
PART K
Section 1. Paragraph (a) of subdivision 12-a of section 1266 of the
public authorities law, as added by section 2 of part VVV of chapter 58
of the laws of 2020, is amended to read as follows:
(a) Whenever the authority determines in consultation with the city of
New York that it is necessary to obtain the temporary or permanent use,
occupancy, control or possession of vacant or undeveloped or underuti-
lized but replaceable real property, or any interest therein, or subsur-
face real property or any interest therein then owned by the city of New
York for a project in the two thousand fifteen to two thousand nineteen
[or the], two thousand twenty to two thousand twenty-four, OR TWO THOU-
S. 3008--C 11 A. 3008--C
SAND TWENTY-FIVE TO TWO THOUSAND TWENTY-NINE approved capital programs
[to] IN CONNECTION WITH (i) [install] THE INSTALLATION OF one or more
elevators to make one or more subway stations more accessible, (ii)
[construct or reconstruct] THE CONSTRUCTION OR RECONSTRUCTION OF an
electrical substation to increase available power to the subway system
to expand passenger capacity or reliability, [or] (iii) [in connection
with] the capital project to construct four commuter railroad [passen-
gers] PASSENGER stations in the borough of the Bronx known as Penn
Station access, (IV) THE SECOND AVENUE SUBWAY CAPITAL PROJECT, (V) THE
INTERBOROUGH EXPRESS CAPITAL PROJECT, OR (VI) THE CONSTRUCTION OR RECON-
STRUCTION OF SIGNAL OR COMMUNICATION SYSTEMS, the authority upon
approval by the board of the metropolitan transportation authority and
upon suitable notice and with the consent of the city of New York may
cause the title to such real property, or any interest therein, to be
transferred to the authority by adding it to the agreement of lease
dated June first, nineteen hundred fifty-three, as amended, renewed and
supplemented, authorized by section twelve hundred three of this arti-
cle, or may itself acquire title to such property from the city of New
York, and any such transfer or acquisition of real property shall be
subject to the provisions of subdivision five of section twelve hundred
sixty-six-c of this title. Nothing in this subdivision shall be deemed
to authorize any temporary or permanent transfer or acquisition of real
property, or interest therein, that is dedicated parkland without sepa-
rate legislative approval of such alienation.
§ 2. Section 3 of part VVV of chapter 58 of the laws of 2020 amending
the public authorities law relating to acquisitions or transfers of
property for transit projects is amended to read as follows:
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed on December 31, [2025] 2030; provided, however, that the
repeal of this act shall not affect any transfer or acquisition pursuant
to all of the terms of section two of this act that has been approved by
the board of the metropolitan transportation authority before such
repeal date.
§ 3. This act shall take effect immediately; provided however that the
amendments to paragraph (a) of subdivision 12-a of section 1266 of the
public authorities law made by section one of this act shall not affect
the repeal of such subdivision and shall be deemed repealed therewith.
PART L
Section 1. Section 5 of part UUU of chapter 58 of the laws of 2020
amending the state finance law relating to providing funding for the
Metropolitan Transportation Authority 2020-2024 capital program and
paratransit operating expenses, is amended by adding a new subdivision
(c) to read as follows:
(C) NOTWITHSTANDING SUBDIVISIONS (A) AND (B) OF THIS SECTION, DURING
THE PERIOD FROM JULY FIRST, TWO THOUSAND TWENTY-FIVE THROUGH JUNE THIR-
TIETH, TWO THOUSAND TWENTY-SEVEN, THE CITY OF NEW YORK SHALL FUND EIGHTY
PERCENT OF THE NET PARATRANSIT OPERATING EXPENSES OF THE METROPOLITAN
TRANSPORTATION AUTHORITY, PROVIDED THAT SUCH CONTRIBUTION SHALL NOT
EXCEED, FOR EACH TWELVE-MONTH PERIOD ENDING JUNE THIRTIETH, THE SUM OF:
(I) FIFTY PERCENT OF THE NET PARATRANSIT OPERATING EXPENSES AND (II) ONE
HUNDRED SIXTY-FIVE MILLION DOLLARS. NET PARATRANSIT OPERATING EXPENSES
SHALL BE CALCULATED MONTHLY BY THE MTA AND WILL CONSIST OF THE TOTAL
PARATRANSIT OPERATING EXPENSES OF THE PROGRAM MINUS THE SIX PERCENT OF
THE URBAN TAX DEDICATED TO PARATRANSIT SERVICES AS OF THE EFFECTIVE DATE
S. 3008--C 12 A. 3008--C
OF THIS SUBDIVISION AND MINUS ANY MONEY COLLECTED AS PASSENGER FARES
FROM PARATRANSIT OPERATIONS.
§ 2. Section 9 of part UUU of chapter 58 of the laws of 2020 amending
the state finance law relating to providing funding for the Metropolitan
Transportation Authority 2020-2024 capital program and paratransit oper-
ating expenses, as amended by section 3 of part D of chapter 58 of the
laws of 2023, is amended to read as follows:
§ 9. This act shall take effect immediately[; provided that sections
five through seven of this act shall expire and be deemed repealed June
30, 2030; and provided further that such repeal shall not affect or
otherwise reduce amounts owed to the metropolitan transportation author-
ity paratransit assistance fund to meet the city's share of the net
paratransit operating expenses of the MTA for services provided prior to
June 30, 2030].
§ 3. This act shall take effect immediately.
PART M
Section 1. This act commits the state of New York and the city of New
York ("city") to fund, over a multi-year period, $6,000,000,000 in capi-
tal costs related to projects contained in the Metropolitan Transporta-
tion Authority ("MTA") 2025-2029 capital program ("capital program").
The state share of $3,000,000,000 and the city share of $3,000,000,000
shall be provided to pay the capital costs of the capital program. The
funds committed by the state and city shall be provided concurrently,
and in proportion to the respective shares of each, in accordance with
the funding needs of the capital program.
§ 2. (a) No funds dedicated for operating assistance of the MTA shall
be used to reduce or supplant the commitment of the state or city to
provide $6,000,000,000 pursuant to section one of this act.
(b) The city and state's share of funds provided concurrently pursuant
to section one of this act shall be scheduled and paid to the MTA on a
schedule to be determined by the state director of the budget. In order
to determine the adequacy and pace of the level of state and city fund-
ing in support of the MTA's capital program, and to gauge the availabil-
ity of MTA capital resources planned for the capital program, the direc-
tor of the budget and the city may request, and the MTA shall provide,
periodic reports on the MTA's capital programs and financial activities.
The city shall certify to the state comptroller and the New York state
director of the budget, no later than seven days after making each
payment pursuant to this section, the amount of the payments and the
date upon which such payments were made.
§ 3. (a) Notwithstanding any provision of law to the contrary, in the
event the city fails to certify to the state comptroller and the New
York state director of the budget that the city has paid in full any
concurrent payment required by section two of this act, the New York
state director of the budget shall direct the state comptroller to
transfer, collect, or deposit funds in accordance with subdivision (b)
of this section in an amount equal to the unpaid balance of any payment
required by section two of this act, provided that any such deposits
shall be counted against the city share of the Metropolitan Transporta-
tion Authority (MTA) 2025-2029 capital program (capital program) pursu-
ant to section one of this act. Such direction shall be pursuant to a
written plan or plans filed with the state comptroller, the chairperson
of the senate finance committee and the chairperson of the assembly ways
and means committee.
S. 3008--C 13 A. 3008--C
(b) Notwithstanding any provision of law to the contrary and as set
forth in a plan or plans submitted by the New York state director of the
budget pursuant to subdivision (a) of this section, the state comp-
troller is hereby directed and authorized to: (i) transfer funds author-
ized by any undisbursed general fund aid to localities appropriations or
state special revenue fund aid to localities appropriations, excluding
debt service, fiduciary, and federal fund appropriations, to the city to
the Metropolitan Transportation Authority capital assistance fund estab-
lished by section 92-ii of the state finance law in accordance with such
plan; and/or (ii) collect and deposit into the Metropolitan Transporta-
tion Authority capital assistance fund established by section 92-ii of
the state finance law funds from any other revenue source of the city,
including the sales and use tax, in accordance with such plan. The state
comptroller is hereby authorized and directed to make such transfers,
collections and deposits as soon as practicable but not more than 3 days
following the transmittal of such plan to the comptroller in accordance
with subdivision (a) of this section.
(c) Notwithstanding any provision of law to the contrary, the state's
obligation and/or liability to fund any program included in general fund
aid to localities appropriations or state special revenue fund aid to
localities appropriations from which funds are transferred pursuant to
subdivision (b) of this section shall be reduced in an amount equal to
such transfer or transfers.
§ 4. Subdivisions 2 and 3 of section 92-ii of the state finance law,
as added by section 4 of part UUU of chapter 58 of the laws of 2020, are
amended to read as follows:
2. Such fund shall consist of any monies directed thereto pursuant to
the provisions of section three of [the] part UUU of [the] chapter
FIFTY-EIGHT of the laws of two thousand twenty [which added this
section] AND TO THE PROVISIONS OF SECTION THREE OF THE PART OF THE CHAP-
TER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE WHICH AMENDED THIS SUBDIVI-
SION.
3. All monies deposited into the fund pursuant to [the] part UUU of
[the] chapter FIFTY-EIGHT of the laws of two thousand twenty [which
added this section] AND THE PART OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND TWENTY-FIVE WHICH AMENDED THIS SUBDIVISION shall be paid to the
metropolitan transportation authority by the comptroller, without appro-
priation, for use in the same manner as the payments required by section
two of such part, as soon as practicable but not more than five days
from the date the comptroller determines that the full amount of the
unpaid balance of any payment required by section three of PART UUU OF
CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND TWENTY AND BY SECTION
THREE OF such part OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-
FIVE WHICH AMENDED THIS SUBDIVISION has been deposited into the fund.
§ 5. This act shall take effect immediately.
PART N
Section 1. Subdivision 1 of section 235 of the vehicle and traffic
law, as amended by section 2 of part MM of chapter 56 of the laws of
2023, is amended to read as follows:
1. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized to establish an administrative
tribunal: (a) to hear and determine complaints of traffic infractions
constituting parking, standing or stopping violations, or (b) to adjudi-
S. 3008--C 14 A. 3008--C
cate the liability of owners for violations 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 (c) to adjudicate the liability of
owners for violations 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 operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter, or (d) to adjudicate the liability of owners for
violations 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 installa-
tion and operation of bus lane photo devices, in accordance with article
twenty-four of this chapter, or (e) to adjudicate the liability of
owners for violations of toll collection regulations imposed by certain
public authorities pursuant to the law authorizing such public authori-
ties 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-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 (f) to adjudicate
the liability of owners for violations of section eleven hundred seven-
ty-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 (g) to adjudicate the liability of owners for
violations of section three hundred eighty-five of this chapter and the
rules of the [department of transportation of the city of New York]
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 (h) to adjudicate the
liability of owners for violations 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 such 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 (i) to adjudicate the liability of owners for violations of bus oper-
S. 3008--C 15 A. 3008--C
ation-related traffic regulations as defined by article twenty-four of
this chapter imposed pursuant to a demonstration program imposing mone-
tary 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 operation of bus operation-related photo
devices, in accordance with article twenty-four of this chapter, such
tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
§ 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 3 of part MM of chapter 56 of the laws of 2023, is
amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized: (a) to adjudicate the liability
of owners for violations 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-control indications through the
installation and operation of traffic-control signal photo violation-
monitoring systems, in accordance with article twenty-four of this chap-
ter, or (b) to adjudicate the liability of owners for violations 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 operation of photo speed violation monitoring systems,
in accordance with article thirty of this chapter, or (c) to adjudicate
the liability of owners for violations 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 chapter, or (d)
to adjudicate the liability of owners for violations 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-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 (e) 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, or (f) to adjudi-
cate the liability of owners for violations of section three hundred
eighty-five of this chapter and the rules of the [department of trans-
portation of the city of New York] APPLICABLE COVERED AGENCY OR COVERED
AUTHORITY AS SUCH TERMS ARE DEFINED IN ARTICLE TEN OF THIS CHAPTER in
S. 3008--C 16 A. 3008--C
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
(g) to adjudicate the liability of owners for violations 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 such 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 (h) to adjudicate the liability of owners for
violations of bus operation-related 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 fail-
ure of an operator thereof to comply with such bus operation-related
traffic regulations through the installation and operation of bus opera-
tion-related photo devices, in accordance with article twenty-four of
this chapter. Such tribunal, except in a city with a population of one
million or more, shall also have jurisdiction of abandoned vehicle
violations. For the purposes of this article, a parking violation is the
violation of any law, rule or regulation providing for or regulating the
parking, stopping or standing of a vehicle. In addition for purposes of
this article, "commissioner" shall mean and include the commissioner of
traffic of the city or an official possessing authority as such a
commissioner.
§ 3. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4 of part MM of chapter 56 of the
laws of 2023, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in articles ten, twenty-four, twenty-nine and
thirty of this chapter, 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 impose 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; 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
S. 3008--C 17 A. 3008--C
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 [department of transportation of the city of New York]
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-re-
lated photo devices, in accordance with article twenty-four of this
chapter.
§ 4. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law, as amended by section 5 of part MM of chapter 56 of the laws of
2023, are amended to read as follows:
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 [department of trans-
S. 3008--C 18 A. 3008--C
portation of the city of New York] 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, contests such allegation,
the bureau shall advise such person personally by such form of first
class mail as the director may direct of the date on which [he or she]
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 bureau has been notified that an allegation of liability
in accordance with provisions of law specifically authorizing the impo-
sition 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 [department of trans-
portation of the city of New York] 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-
S. 3008--C 19 A. 3008--C
lation and operation of bus operation-related photo devices, in accord-
ance with article twenty-four of this chapter, is being contested, by a
person in a timely fashion and a hearing upon the merits has been
demanded, but has not yet been held, the bureau shall not issue any
notice of fine or penalty to that person prior to the date of the hear-
ing.
§ 5. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law, as amended by section 6 of part MM of chapter 56 of the
laws of 2023, are amended to read as follows:
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
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
S. 3008--C 20 A. 3008--C
the [department of transportation of the city of New York] 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 fail-
ure 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 liability of an owner
for a violation of bus operation-related traffic regulations as defined
by article twenty-four 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 bus operation-re-
lated traffic regulations through the installation and operation 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 bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which 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 oper-
ation 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 installation and operation of photo speed violation monitor-
ing 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 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 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 [department of transportation of the city of New York]
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-re-
S. 3008--C 21 A. 3008--C
lated photo devices, in accordance with article twenty-four of this
chapter, is contested. Recording devices may be used for the making of
the record.
§ 6. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7 of part MM of chapter 56 of the laws of
2023, are amended to read as follows:
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 [he or she] SUCH HEARING
EXAMINER may examine either the prior parking violations record or the
record of liabilities incurred 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 oper-
ation 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 installation and operation of photo speed violation monitor-
ing 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 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 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 [department of transportation of the city of New York]
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-re-
lated 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 bureau
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
S. 3008--C 22 A. 3008--C
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
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 [department of transportation of the city
of New York] 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, 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 bureau, 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
bureau. However, after the expiration of the original date prescribed
for entering a plea and before a default judgment may be rendered, in
such case the 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 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
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
S. 3008--C 23 A. 3008--C
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
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 [department of trans-
portation of the city of New York] 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 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 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 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
S. 3008--C 24 A. 3008--C
bus displaying a red visual signal in violation of section eleven
hundred seventy-four of this chapter through the installation and opera-
tion 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 oper-
ation 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 [department of trans-
portation of the city of New York] 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 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, [he or she]
SUCH HEARING EXAMINER shall impose no greater penalty or fine than those
upon which the person was originally charged.
§ 7. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law, as amended by section 8 of part MM of
chapter 56 of the laws of 2023, 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 or administrative tribunal of
appropriate jurisdiction that the registrant or [his or her] THEIR
representative failed to appear on the return date or any subsequent
adjourned date or failed to comply with the rules and regulations of an
administrative tribunal following entry of a final decision 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 vehi-
cle was operated for hire by the registrant or [his or her] THEIR agent
without being licensed as a motor vehicle for hire by the appropriate
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 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-
S. 3008--C 25 A. 3008--C
trol signal photo violation-monitoring systems, in accordance with arti-
cle twenty-four of this chapter; or (iii) the registrant was liable 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 fail-
ure 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 [department of transportation of the city of New York] 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 fail-
ure 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 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 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 (viii) the registrant was liable
for a violation of bus operation-related traffic regulations as defined
by article twenty-four 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 bus operation-re-
lated traffic regulations through the installation and operation of bus
operation-related photo devices, in accordance with article twenty-four
of this chapter, the commissioner or [his or her] THEIR agent shall deny
the registration or renewal application until the applicant provides
proof from the court, traffic and parking violations agency or adminis-
trative tribunal wherein the charges are pending that an appearance or
answer has been made or in the case of an administrative tribunal that
[he or she] SUCH APPLICANT has complied with the rules and regulations
of said tribunal following entry of a final decision. Where an applica-
tion is denied pursuant to this section, the commissioner may, in [his
or her] THEIR discretion, deny a registration or renewal application to
any other person for the same vehicle and may deny a registration or
S. 3008--C 26 A. 3008--C
renewal application for any other motor vehicle registered in the name
of the applicant where the commissioner has determined that such regis-
trant's intent has been to evade the 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.
§ 8. Subdivision 1-a of section 1809 of the vehicle and traffic law,
as amended by section 9 of part MM of chapter 56 of the laws of 2023, is
amended to read as follows:
1-a. Notwithstanding the provisions of subdivision one of this
section, the provisions of subdivision one of this section shall not
apply to an adjudication of liability of owners: (a) for violations 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-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 (b) for violations 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 operation of photo speed violation monitoring systems,
in accordance with article thirty of this chapter; or (c) for violations
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
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 (d) for violations of toll collection regu-
lations 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-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 (e) 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; or (f) for violations of section three hundred eighty-five
of this chapter and the rules of the [department of transportation of
the city of New York] 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
S. 3008--C 27 A. 3008--C
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 (g) for
violations 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 such 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 (h) for violations of bus opera-
tion-related traffic regulations as defined by article twenty-four of
this chapter imposed pursuant to a demonstration program imposing mone-
tary 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 operation of bus operation-related photo
devices, in accordance with article twenty-four of this chapter.
§ 9. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
traffic law, as amended by section 12 of part MM of chapter 56 of the
laws of 2023, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except: (i) a traffic
infraction involving standing, stopping, or parking or violations by
pedestrians or bicyclists; and (ii) an adjudication of liability of an
owner for a violation of subdivision (d) of section eleven hundred elev-
en 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-control indications through the installa-
tion and operation of traffic-control signal photo violation-monitoring
systems, in accordance with article twenty-four of this chapter; and
(iii) an adjudication of liability of an owner for a violation of subdi-
vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of
this chapter imposed pursuant to a demonstration program imposing mone-
tary 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; and (iv) an adjudi-
cation of liability of an owner 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 chapter; and (v)
an adjudication 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-monitoring systems, in accordance
with section two thousand nine hundred eighty-five of the public author-
ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
seven hundred seventy-four of the laws of nineteen hundred fifty; and
(vi) an adjudication of liability of an owner for a violation of section
S. 3008--C 28 A. 3008--C
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; and (vii) an adjudication of liability of an owner
for a violation of section three hundred eighty-five of this chapter and
the rules of the [department of transportation of the city of New York]
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; and (viii) an adjudication
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 such 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;
and (ix) an adjudication of liability of an owner for a violation of bus
operation-related 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 installation and operation of bus operation-related photo
devices, in accordance with article twenty-four of this chapter, there
shall be levied in addition to any sentence, penalty or other surcharge
required or permitted by law, an additional surcharge of twenty-eight
dollars.
§ 10. Section 371-a of the general municipal law, as separately added
by chapters 421, 460 and 773 of the laws of 2021, is amended to read as
follows:
§ 371-a. Additional jurisdiction and procedure related to the adjudi-
cation of certain notices of liability. A traffic violations bureau
established pursuant to subdivision one and a traffic and parking
violations agency established pursuant to subdivision two of section
three hundred seventy-one of this article may be authorized to adjudi-
cate, in accordance with the provisions of this article, the liability
of owners: (a) for violations of subdivision (d) of section eleven
hundred eleven of the vehicle and traffic law 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 the vehicle and traffic law; or (b) for violations of
section eleven hundred seventy-four of the vehicle and traffic law when
meeting a school bus marked and equipped as provided in subdivisions
twenty and twenty-one-c of section three hundred seventy-five of the
vehicle and traffic law imposed pursuant to a local law or ordinance
imposing monetary liability on the owner of a vehicle for failure of an
S. 3008--C 29 A. 3008--C
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 the vehicle and traf-
fic law; or (c) for violations of subdivision (b), (d), (f) or (g) of
section eleven hundred eighty of the vehicle and traffic law 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 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; OR (D) FOR VIOLATIONS OF SECTION THREE HUNDRED EIGHTY-FIVE OF
THE VEHICLE AND TRAFFIC LAW AND THE RULES OF THE APPLICABLE COVERED
AGENCY OR COVERED AUTHORITY AS SUCH TERMS ARE DEFINED IN ARTICLE TEN OF
THE VEHICLE AND TRAFFIC LAW IN RELATION TO GROSS VEHICLE WEIGHT AND/OR
AXLE WEIGHT VIOLATIONS IMPOSED PURSUANT TO A WEIGH IN MOTION DEMON-
STRATION 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 THE VEHICLE AND TRAFFIC LAW.
§ 11. Section 385-a of the vehicle and traffic law, as added by chap-
ter 773 of the laws of 2021, paragraph 3 of subdivision (a) as amended
by chapter 253 of the laws of 2023, is amended to read as follows:
§ 385-a. Owner liability for failure of operator to comply with weight
restrictions [on interstate route 278 in Kings county]. (a) 1. (I)
Notwithstanding any other provision of law, the city of New York is
hereby authorized to establish a weigh in motion demonstration program
on [interstate route 278 in Kings county] THE COVERED LOCATIONS SET
FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH imposing monetary liability
on the owner of a vehicle for failure of an operator thereof to comply
with gross vehicle weight and/or axle weight restrictions on such
[portion of such interstate] COVERED LOCATIONS in accordance with the
provisions of this section. Such demonstration program shall empower the
city of New York to install and operate up to sixteen weigh in motion
violation monitoring systems at any one time on interstate route 278 in
Kings county, AND UP TO TWO WEIGH IN MOTION VIOLATION MONITORING SYSTEMS
AT ANY ONE TIME ON EACH OF THE OTHER COVERED LOCATIONS SET FORTH IN SUCH
SUBPARAGRAPH. Such systems may be stationary or mobile and may be acti-
vated at locations on such portion of such interstate AND ON THE OTHER
SUCH COVERED LOCATIONS as determined by the New York city department of
transportation. The New York state department of transportation, COVERED
AGENCIES, AND COVERED AUTHORITIES may enter into a memorandum of under-
standing with the New York city department of transportation for the
purposes of coordinating the planning, design, installation,
construction and maintenance of such weigh in motion demonstration
program. Such memorandum shall address, for purposes of such demon-
stration program, the use of systems, devices and other facilities owned
and operated by the state, COVERED AGENCIES, AND COVERED AUTHORITIES.
(II) COVERED LOCATIONS SUBJECT TO A DEMONSTRATION PROGRAM ESTABLISHED
BY THE CITY OF NEW YORK PURSUANT TO THIS SECTION SHALL MEAN INTERSTATE
ROUTE 278 IN KINGS COUNTY; THE GREENPOINT AVENUE BRIDGE OVER NEWTOWN
CREEK; THE METROPOLITAN AVENUE BRIDGE OVER NEWTOWN CREEK; THE HAMILTON
AVENUE BRIDGE OVER THE GOWANUS CANAL; THE WILLIAMSBURG BRIDGE OVER THE
EAST RIVER; THE ED KOCH QUEENSBORO BRIDGE (STATE ROUTE 25) OVER THE EAST
RIVER; THE THIRD AVENUE BRIDGE OVER THE HARLEM RIVER; THE MANHATTAN
S. 3008--C 30 A. 3008--C
BRIDGE OVER THE EAST RIVER; AND THAT PORTION OF THE LONG ISLAND EXPRESS-
WAY (INTERSTATE ROUTE 495) OVER WOODHAVEN BOULEVARD.
1-A. (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AFTER HOLDING A
PUBLIC HEARING IN ACCORDANCE WITH THE PUBLIC OFFICERS LAW AND SUBSEQUENT
APPROVAL OF THE ESTABLISHMENT OF A DEMONSTRATION PROGRAM IN ACCORDANCE
WITH THIS SECTION BY A MAJORITY OF THE MEMBERS OF THE ENTIRE BOARD OF
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, THE CHAIR OF THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY IS HEREBY AUTHORIZED TO ESTABLISH A WEIGH IN
MOTION DEMONSTRATION PROGRAM ON THE COVERED LOCATION SET FORTH IN
SUBPARAGRAPH (II) OF THIS PARAGRAPH IMPOSING MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS ON SUCH COVERED
LOCATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMON-
STRATION PROGRAM SHALL EMPOWER THE CHAIR OF THE TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY TO INSTALL AND OPERATE UP TO TWO WEIGH IN MOTION
VIOLATION MONITORING SYSTEMS AT ANY ONE TIME ON SUCH COVERED LOCATION.
SUCH SYSTEMS MAY BE STATIONARY OR MOBILE AND MAY BE ACTIVATED AT
LOCATIONS ON SUCH COVERED LOCATION AS DETERMINED BY SUCH CHAIR. COVERED
AGENCIES AND COVERED AUTHORITIES MAY ENTER INTO A MEMORANDUM OF UNDER-
STANDING WITH THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FOR THE
PURPOSES OF COORDINATING THE PLANNING, DESIGN, INSTALLATION,
CONSTRUCTION AND MAINTENANCE OF SUCH WEIGH IN MOTION DEMONSTRATION
PROGRAM. SUCH MEMORANDUM SHALL ADDRESS, FOR PURPOSES OF SUCH DEMON-
STRATION PROGRAM, THE USE OF SYSTEMS, DEVICES AND OTHER FACILITIES OWNED
AND OPERATED BY SUCH OTHER COVERED AGENCIES AND COVERED AUTHORITIES.
(II) THE COVERED LOCATION SUBJECT TO A DEMONSTRATION PROGRAM ESTAB-
LISHED BY THE CHAIR OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY PURSU-
ANT TO THIS SECTION SHALL MEAN THE ROBERT F. KENNEDY BRIDGE.
1-B. (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AFTER HOLDING A
PUBLIC HEARING IN ACCORDANCE WITH THE PUBLIC OFFICERS LAW AND SUBSEQUENT
APPROVAL OF THE ESTABLISHMENT OF A DEMONSTRATION PROGRAM IN ACCORDANCE
WITH THIS SECTION BY A MAJORITY OF THE MEMBERS OF THE ENTIRE BOARD OF
THE BRIDGE AUTHORITY, THE CHAIR OF THE BRIDGE AUTHORITY IS HEREBY
AUTHORIZED TO ESTABLISH A WEIGH IN MOTION DEMONSTRATION PROGRAM ON THE
COVERED LOCATIONS SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH
IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN
OPERATOR THEREOF TO COMPLY WITH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT
RESTRICTIONS ON SUCH COVERED LOCATIONS IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE CHAIR OF
THE BRIDGE AUTHORITY TO INSTALL AND OPERATE UP TO TWO WEIGH IN MOTION
VIOLATION MONITORING SYSTEMS AT ANY ONE TIME ON EACH SUCH COVERED
LOCATION. SUCH SYSTEMS MAY BE STATIONARY OR MOBILE AND MAY BE ACTIVATED
AT LOCATIONS ON SUCH COVERED LOCATIONS AS DETERMINED BY SUCH CHAIR.
COVERED AGENCIES AND COVERED AUTHORITIES MAY ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE BRIDGE AUTHORITY FOR THE PURPOSES OF COORDINATING
THE PLANNING, DESIGN, INSTALLATION, CONSTRUCTION AND MAINTENANCE OF SUCH
WEIGH IN MOTION DEMONSTRATION PROGRAM. SUCH MEMORANDUM SHALL ADDRESS,
FOR PURPOSES OF SUCH DEMONSTRATION PROGRAM, THE USE OF SYSTEMS, DEVICES
AND OTHER FACILITIES OWNED AND OPERATED BY SUCH OTHER COVERED AGENCIES
AND COVERED AUTHORITIES.
(II) COVERED LOCATIONS SUBJECT TO A DEMONSTRATION PROGRAM ESTABLISHED
BY THE CHAIR OF THE BRIDGE AUTHORITY PURSUANT TO THIS SECTION SHALL MEAN
THE BEAR MOUNTAIN BRIDGE, THE NEWBURGH BEACON BRIDGE AND THE MID-HUDSON
BRIDGE.
1-C. (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AFTER HOLDING A
PUBLIC HEARING IN ACCORDANCE WITH THE PUBLIC OFFICERS LAW AND SUBSEQUENT
S. 3008--C 31 A. 3008--C
APPROVAL OF THE ESTABLISHMENT OF A DEMONSTRATION PROGRAM IN ACCORDANCE
WITH THIS SECTION BY A MAJORITY OF THE MEMBERS OF THE ENTIRE BOARD OF
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE CHAIR OF THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY IS HEREBY AUTHORIZED TO ESTABLISH A
WEIGH IN MOTION DEMONSTRATION PROGRAM ON THE COVERED LOCATION SET FORTH
IN SUBPARAGRAPH (II) OF THIS PARAGRAPH IMPOSING MONETARY LIABILITY ON
THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS ON SUCH COVERED
LOCATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMON-
STRATION PROGRAM SHALL EMPOWER THE CHAIR OF THE PORT AUTHORITY OF NEW
YORK AND NEW JERSEY TO INSTALL AND OPERATE UP TO TWO WEIGH IN MOTION
VIOLATION MONITORING SYSTEMS AT ANY ONE TIME ON SUCH COVERED LOCATION.
SUCH SYSTEMS MAY BE STATIONARY OR MOBILE AND MAY BE ACTIVATED AT
LOCATIONS ON SUCH COVERED LOCATION AS DETERMINED BY SUCH CHAIR. COVERED
AGENCIES AND COVERED AUTHORITIES MAY ENTER INTO A MEMORANDUM OF UNDER-
STANDING WITH THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY FOR THE
PURPOSES OF COORDINATING THE PLANNING, DESIGN, INSTALLATION,
CONSTRUCTION AND MAINTENANCE OF SUCH WEIGH IN MOTION DEMONSTRATION
PROGRAM. SUCH MEMORANDUM SHALL ADDRESS, FOR PURPOSES OF SUCH DEMON-
STRATION PROGRAM, THE USE OF SYSTEMS, DEVICES AND OTHER FACILITIES OWNED
AND OPERATED BY SUCH OTHER COVERED AGENCIES AND COVERED AUTHORITIES.
(II) THE COVERED LOCATION SUBJECT TO A DEMONSTRATION PROGRAM ESTAB-
LISHED BY THE CHAIR OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY
PURSUANT TO THIS SECTION SHALL MEAN THE GEORGE WASHINGTON BRIDGE.
1-D. (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AFTER HOLDING A
PUBLIC HEARING IN ACCORDANCE WITH THE PUBLIC OFFICERS LAW AND SUBSEQUENT
APPROVAL OF THE ESTABLISHMENT OF A DEMONSTRATION PROGRAM IN ACCORDANCE
WITH THIS SECTION BY A MAJORITY OF THE MEMBERS OF THE ENTIRE BOARD OF
THE THRUWAY AUTHORITY, THE CHAIR OF THE THRUWAY AUTHORITY IS HEREBY
AUTHORIZED TO ESTABLISH A WEIGH IN MOTION DEMONSTRATION PROGRAM ON THE
COVERED LOCATION SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH IMPOS-
ING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPER-
ATOR THEREOF TO COMPLY WITH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT
RESTRICTIONS ON SUCH COVERED LOCATION IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE CHAIR OF
THE THRUWAY AUTHORITY TO INSTALL AND OPERATE UP TO TWO WEIGH IN MOTION
VIOLATION MONITORING SYSTEMS AT ANY ONE TIME ON SUCH COVERED LOCATION.
SUCH SYSTEMS MAY BE STATIONARY OR MOBILE AND MAY BE ACTIVATED AT
LOCATIONS ON SUCH COVERED LOCATION AS DETERMINED BY SUCH CHAIR.
(II) THE COVERED LOCATION SUBJECT TO A DEMONSTRATION PROGRAM ESTAB-
LISHED BY THE CHAIR OF THE THRUWAY AUTHORITY PURSUANT TO THIS SECTION
SHALL MEAN A LOCATION ON THE THRUWAY AT THRUWAY INTERCHANGE 34-A EAST OF
THE CITY OF SYRACUSE.
1-E. A COVERED LOCATION AS DEFINED BY THIS SUBDIVISION CONSISTING OF A
BRIDGE SHALL INCLUDE A DISTANCE NOT TO EXCEED TWO THOUSAND SIX HUNDRED
FORTY FEET ALONG THE LENGTH OF THE EXISTING HIGHWAY BETWEEN THE BRIDGE
HEAD OF THE RESPECTIVE BRIDGE, IN EITHER DIRECTION, AND THE NEAREST
PAVED LEVEL SURFACE OF SUCH HIGHWAY WHERE A WEIGH IN MOTION VIOLATION
MONITORING SYSTEM CAN BE INSTALLED IN ACCORDANCE WITH AN ENGINEERING
ANALYSIS, EXCEPT FOR THE WEST END OF THE MID-HUDSON BRIDGE WHERE SUCH
DISTANCE SHALL NOT EXCEED FIVE THOUSAND TWO HUNDRED EIGHTY FEET.
2. No weigh in motion violation monitoring system shall be used unless
(i) on the day it is to be used it has undergone a self-test for the
operation of such system; and (ii) it has undergone a semi-annual cali-
bration check performed pursuant to paragraph three of this subdivision.
A result of the daily self-test for each such system shall include the
S. 3008--C 32 A. 3008--C
date and time that the self-test was successfully performed. [The city
of New York] EACH COVERED AGENCY AND COVERED AUTHORITY shall retain each
such daily self-test until the later of the date on which the weigh in
motion system to which it applies has been permanently removed from use
or the final resolution of all cases involving notices of liability
issued based on photographs, microphotographs, video or other recorded
images, and information and data generated in conjunction therewith,
produced by such system.
3. Each weigh in motion violation monitoring system shall undergo a
calibration check every six months in accordance with specifications
prescribed pursuant to a memorandum of agreement between the [New York
city department of transportation] APPLICABLE COVERED AGENCY OR COVERED
AUTHORITY and the New York state department of agriculture and markets,
or in accordance with an applicable reference standard as determined by
the [New York city department of transportation] APPLICABLE COVERED
AGENCY OR COVERED AUTHORITY. Such calibration check shall be performed
by an independent calibration laboratory which shall issue a signed
certificate of calibration on its letterhead to the [city of New York]
APPLICABLE COVERED AGENCY OR COVERED AUTHORITY. Nothing contained in
this paragraph shall be deemed to require the signature of a notary
public on such certificate. [The city] COVERED AGENCIES AND COVERED
AUTHORITIES shall retain each such bi-annual certificate of calibration
on file until the final resolution of all cases involving notices of
liability issued during such six-month time period which were based on
photographs, microphotographs, video or other recorded images, and
information and data generated in conjunction therewith, produced by
such weigh in motion violation monitoring system.
4. [The New York city department of transportation] EACH COVERED AGEN-
CY AND COVERED AUTHORITY shall establish a range, according to the
manufacturer's standards and its monitoring of the system, for evaluat-
ing information and data collected from sensor readings of each weigh in
motion violation monitoring system OF SUCH COVERED AGENCY AND COVERED
AUTHORITY. Each such system shall be set to automatically alert such
[department] COVERED AGENCY OR COVERED AUTHORITY of significant vari-
ations from the established range during a twenty-four-hour period.
After such an alert, such system shall be inspected and any necessary
adjustments shall be made. Such [department] COVERED AGENCY OR COVERED
AUTHORITY shall keep a log of the details of all alerts, including the
date and time of such alert, the amount of variation from the estab-
lished range in such alert, the adjustments made or actions taken as a
result of the subsequent inspection, and the date and time of such
inspection, adjustments or actions.
5. Weigh in motion violation monitoring systems used in accordance
with the weigh in motion demonstration program authorized pursuant to
this section shall be operated only on [interstate route 278 within
Kings county] COVERED LOCATIONS.
6. (i) No photograph, microphotograph, videotape or other recorded
image, nor any information and data generated in conjunction therewith,
shall be used for any purpose other than as specified in this section,
except as may be otherwise provided by this paragraph.
(ii) Such demonstration program shall utilize necessary technologies
to ensure, to the extent practicable, that photographs, microphoto-
graphs, videotape or other recorded images produced by such weigh in
motion violation monitoring systems shall not include images that iden-
tify the driver, the passengers, or the contents of the vehicle.
Provided, however, that no notice of liability issued pursuant to this
S. 3008--C 33 A. 3008--C
section shall be dismissed solely because such a photograph, microphoto-
graph, videotape or other recorded image allows for the identification
of the driver, the passengers, or the contents of vehicles where the
[city] APPLICABLE COVERED AGENCY OR COVERED AUTHORITY shows that it made
reasonable efforts to comply with the provisions of this paragraph in
such case.
(iii) Photographs, microphotographs, videotape or any other recorded
image, and any information and data generated in conjunction therewith,
produced by a weigh in motion violation monitoring system shall be for
the exclusive use of the [city] APPLICABLE COVERED AGENCY OR COVERED
AUTHORITY for the purpose of the adjudication of liability imposed
pursuant to this section, and of the owner receiving a notice of liabil-
ity pursuant to this section, and as required by the [New York city
department of transportation] COVERED AGENCY OR COVERED AUTHORITY to
study the impact of overweight vehicles on [interstate route 278 in
Kings county] ITS COVERED LOCATIONS and management of such [infrastruc-
ture] COVERED LOCATIONS, and shall be destroyed by the [city] APPLICABLE
COVERED AGENCY OR COVERED AUTHORITY upon the final resolution of the
notice of liability to which such photographs, microphotographs, vide-
otape or other recorded images and information and data generated in
conjunction therewith relate, or one year following the date of issuance
of such notice of liability, whichever is later. Notwithstanding the
provisions of any other law, rule or regulation to the contrary, photo-
graphs, microphotographs, videotape or any other recorded image, and
information and data generated in conjunction therewith, from a weigh in
motion violation monitoring system shall not be open to the public, nor
subject to civil or criminal process or discovery, nor used by any court
or administrative or adjudicatory body in any action or proceeding ther-
ein except that which is necessary for the adjudication of a notice of
liability issued pursuant to this section, and no public entity or
employee, officer or agent thereof shall disclose such information,
except that such photographs, microphotographs, videotape or any other
recorded images, and information and data generated in conjunction ther-
ewith, from such systems:
(A) shall be available for inspection and copying and use by the motor
vehicle owner and operator for so long as such photographs, microphoto-
graphs, videotape or other recorded images, information and data are
required to be maintained or are maintained by such public entity,
employee, officer or agent; and
(B) (1) shall be furnished when described in a search warrant issued
by a court authorized to issue such a search warrant pursuant to article
six hundred ninety of the criminal procedure law or a federal court
authorized to issue such a search warrant under federal law, where such
search warrant states that there is reasonable cause to believe such
information constitutes evidence of, or tends to demonstrate that, a
misdemeanor or felony offense was committed in this state or another
state, or that a particular person participated in the commission of a
misdemeanor or felony offense in this state or another state, provided,
however, that if such offense was against the laws of another state, the
court shall only issue a warrant if the conduct comprising such offense
would, if occurring in this state, constitute a misdemeanor or felony
against the laws of this state; and
(2) shall be furnished in response to a subpoena duces tecum signed by
a judge of competent jurisdiction and issued pursuant to article six
hundred ten of the criminal procedure law or a judge or magistrate of a
federal court authorized to issue such a subpoena duces tecum under
S. 3008--C 34 A. 3008--C
federal law, where the judge finds and the subpoena states that there is
reasonable cause to believe such information is relevant and material to
the prosecution, or the defense, or the investigation by an authorized
law enforcement official, of the alleged commission of a misdemeanor or
felony in this state or another state, provided, however, that if such
offense was against the laws of another state, such judge or magistrate
shall only issue such subpoena if the conduct comprising such offense
would, if occurring in this state, constitute a misdemeanor or felony in
this state; and
(3) may, if lawfully obtained pursuant to this clause and clause (A)
of this subparagraph and otherwise admissible, be used in such criminal
action or proceeding.
(iv) The [city of New York] APPLICABLE COVERED AGENCY OR COVERED
AUTHORITY shall install signs in advance of entry points to [interstate
route 278 in Kings county] EACH OF ITS COVERED LOCATIONS giving notice
to approaching motor vehicle operators that weigh in motion violation
monitoring systems are in use to enforce motor vehicle weight
restrictions.
(v) [The city of New York] EACH COVERED AGENCY AND COVERED AUTHORITY
shall use oversight procedures to ensure compliance with the aforemen-
tioned privacy protection measures.
(b) If [the city of New York] A COVERED AGENCY OR COVERED AUTHORITY
establishes a demonstration 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, on [interstate route 278 in
Kings county] A COVERED LOCATION in violation of section three hundred
eighty-five of this article and the rules of the [department of trans-
portation of the city of New York] APPLICABLE COVERED AGENCY OR COVERED
AUTHORITY in relation to gross vehicle weight and/or axle weight, where
such vehicle was traveling ten percent OR MORE above the gross vehicle
weight or twenty percent OR MORE above the axle weight at the time of
such violation as indicated by at least two independently detected gross
vehicle weight and/or axle weight measurements obtained by a weigh in
motion violation monitoring system, and such violation is evidenced by
information obtained from a weigh in motion violation monitoring system;
provided however that no owner of a vehicle shall be liable for a penal-
ty imposed pursuant to this section where the operator of such vehicle:
has been convicted of the underlying violation of section three hundred
eighty-five of this article and the rules of the [department of trans-
portation of the city of New York] APPLICABLE COVERED AGENCY OR COVERED
AUTHORITY in relation to gross vehicle weight and/or axle weight; or
operated such vehicle in accordance with the terms and conditions of any
overweight permit issued in accordance with this chapter and any rules
and regulations promulgated thereto. Where a vehicle is in violation of
both gross vehicle weight restrictions and axle weight restrictions, the
owner shall be liable for a separate penalty for each such violation.
(c) For purposes of this section, the following terms shall have the
following meanings:
1. ["manual on uniform traffic control devices" or "MUTCD" shall mean
the manual and specifications for a uniform system of traffic control
devices maintained by the commissioner of transportation pursuant to
section sixteen hundred eighty of this chapter;
2.] "BRIDGE AUTHORITY" SHALL MEAN THE NEW YORK STATE BRIDGE AUTHORITY
CREATED PURSUANT TO SECTION FIVE HUNDRED TWENTY-SEVEN OF THE PUBLIC
AUTHORITIES LAW;
S. 3008--C 35 A. 3008--C
2. "CHAIR" SHALL MEAN THE CHAIR OF THE THRUWAY AUTHORITY, THE CHAIR OF
THE BRIDGE AUTHORITY, THE CHAIR OF THE PORT AUTHORITY OF NEW YORK AND
NEW JERSEY, OR THE PRESIDENT OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
ITY, AS APPLICABLE;
3. "COVERED AGENCY" SHALL MEAN THE CITY OF NEW YORK;
4. "COVERED AUTHORITY" SHALL MEAN THE BRIDGE AUTHORITY, THE THRUWAY
AUTHORITY, THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AND THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY;
5. "owner" shall have the meaning provided in article two-B of this
chapter;
[3.] 6. "PORT AUTHORITY OF NEW YORK AND NEW JERSEY" SHALL MEAN THAT
BODY CORPORATE AND POLITIC CREATED PURSUANT TO ARTICLE THREE OF CHAPTER
ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AND
DESIGNATED AS "THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY" BY SUCH
CHAPTER;
7. "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY AUTHORI-
TY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC CORPORATION
CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF ARTICLE TWO OF THE
PUBLIC AUTHORITIES LAW;
8. "TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY" SHALL MEAN THE CORPORATION
ORGANIZED PURSUANT TO SECTION FIVE HUNDRED FIFTY-TWO OF THE PUBLIC
AUTHORITIES LAW;
9. "THRUWAY" SHALL MEAN GENERALLY A DIVIDED HIGHWAY UNDER THE JURIS-
DICTION OF THE THRUWAY AUTHORITY FOR MIXED TRAFFIC WITH ACCESS LIMITED
AS THE AUTHORITY MAY DETERMINE AND GENERALLY WITH GRADE SEPARATIONS AT
INTERSECTIONS;
10. "weigh in motion violation monitoring system" shall mean sensors,
capable of operating independently of an enforcement officer, installed
to work in conjunction with other devices to capture and record the
gross vehicle weight and the axle weight of a motor vehicle, which
produce at least two independently detected gross vehicle weight and/or
axle weight measurements and automatically produce two or more photo-
graphs, two or more microphotographs, a videotape or other recorded
images of each vehicle at the time it is used or operated in violation
of section three hundred eighty-five of this article and the rules of
the [department of transportation of the city of New York] APPLICABLE
COVERED AGENCY OR COVERED AUTHORITY in relation to gross vehicle weight
and/or axle weight, in accordance with the provisions of this section;
[and]
[4.] 11. "weigh in motion demonstration program" shall mean the demon-
stration program authorized by this section that operates exclusively on
[interstate route 278 in Kings county.] COVERED LOCATIONS;
[5.] 12. "interstate route 278 in Kings county" shall mean that
portion of interstate route 278 specifically from the vicinity of Atlan-
tic avenue to the vicinity of Sands street in Kings county, state of New
York[.]; AND
[6.] 13. "Rules of the [department of transportation of the city of
New York] APPLICABLE COVERED AGENCY OR COVERED AUTHORITY" shall mean
rules and regulations IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE
WEIGHT of the FOLLOWING, AS APPLICABLE: THE New York city department of
transportation adopted pursuant to section sixteen hundred forty-two of
this chapter; THE THRUWAY AUTHORITY ADOPTED PURSUANT TO SECTIONS THREE
HUNDRED EIGHTY-FIVE AND SIXTEEN HUNDRED THIRTY OF THIS CHAPTER; THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY AND THE BRIDGE AUTHORITY ADOPTED
PURSUANT TO SECTION SIXTEEN HUNDRED THIRTY OF THIS CHAPTER; AND THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY ADOPTED PURSUANT TO ARTICLE SIX OF
S. 3008--C 36 A. 3008--C
CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINETEEN HUNDRED TWENTY-
ONE AND CHAPTER FORTY-THREE OF THE LAWS OF NINETEEN HUNDRED TWENTY-TWO.
(d) A certificate, sworn to or affirmed by a technician employed by
the [city of New York] APPLICABLE COVERED AGENCY OR COVERED AUTHORITY,
or a facsimile thereof, based upon inspection of photographs, micropho-
tographs, videotape or other recorded images, and information and data
generated in conjunction therewith, produced by a weigh in motion
violation monitoring system, shall be prima facie evidence of the facts
contained therein. Nothing contained in this subdivision shall be deemed
to require the signature of a notary public on such certificate. Any
photographs, microphotographs, videotape or other recorded images
evidencing such a violation shall include an image of the motor vehicle
alleged to be in violation and the information and data generated in
conjunction therewith and shall be available for inspection reasonably
in advance of and at any proceeding to adjudicate the liability for such
violation pursuant to this section.
(e) An owner liable for a violation of section three hundred eighty-
five of this article and the rules of the [department of transportation
of the city of New York] APPLICABLE COVERED AGENCY OR COVERED AUTHORITY
IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT pursuant to a
weigh in motion demonstration program established pursuant to this
section shall be liable for monetary penalties [in accordance with sepa-
rate schedules of fines and penalties to be promulgated by the parking
violations bureau of the city of New York for a violation of section
three hundred eighty-five of this article and the rules of the depart-
ment of transportation of the city of New York in relation to gross
vehicle weight and/or axle weight. The liability of the owner pursuant
to this section shall] not TO exceed one thousand TWO HUNDRED dollars
for each violation; provided, however, that [such parking violations
bureau may provide for] an additional penalty not in excess of twenty-
five dollars for each violation MAY BE IMPOSED for the failure to
respond to a notice of liability within the prescribed time period.
(f) An imposition of liability under the weigh in motion demonstration
program established pursuant to this section shall not be deemed a
conviction as an operator and shall not be made part of the operating
record of the person upon whom such liability is imposed nor shall it be
used for insurance purposes in the provision of motor vehicle insurance
coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of section three
hundred eighty-five of this article and the rules of the [department of
transportation of the city of New York] APPLICABLE COVERED AGENCY OR
COVERED AUTHORITY in relation to gross vehicle weight and/or axle weight
pursuant to this section, within fourteen business days if such owner is
a resident of this state and within forty-five business days if such
owner is a non-resident. Personal delivery on the owner shall not be
required. A manual or automatic record of mailing prepared in the ordi-
nary course of business shall be prima facie evidence of the facts
contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of section three
hundred eighty-five of this article and the rules of the [department of
transportation of the city of New York] APPLICABLE COVERED AGENCY OR
COVERED AUTHORITY in relation to gross vehicle weight and/or axle weight
pursuant to this section, the United States department of transportation
number of the vehicle involved in such violation, the registration
S. 3008--C 37 A. 3008--C
number of the vehicle involved in such violation, the gross vehicle
weight and/or axle weight measured, the location where such violation
took place, the date and time of such violation, the identification
number of the weigh in motion violation monitoring system which recorded
the violation or other document locator number, one or more date and
time stamped images identifying the motor vehicle and the information
and data evidencing the alleged violation, and the certificate charging
the liability.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which 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 thereon.
4. The notice of liability shall be prepared and mailed by the [city
of New York] APPLICABLE COVERED AGENCY OR COVERED AUTHORITY, or by any
other entity authorized by the [city] APPLICABLE COVERED AGENCY OR
COVERED AUTHORITY to prepare and mail such notice of liability.
(h) Adjudication of the liability imposed upon owners [of] 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 JURISDIC-
TION OVER TRAFFIC INFRACTIONS WHERE THE VIOLATION OCCURRED, EXCEPT THAT
IF A CITY HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL TO HEAR AND DETER-
MINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STANDING OR
STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDI-
CATION BY SUCH TRIBUNAL. PROVIDED, HOWEVER, THAT A NOTICE OF LIABILITY
IMPOSED UPON OWNERS BY THIS SECTION WHERE THE VIOLATION OCCURRED ON A
COVERED LOCATION LOCATED WITHIN A CITY WITH A POPULATION OF ONE MILLION
OR MORE SHALL BE ADJUDICATED BY the New York city parking violations
bureau.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle or the number plate
or plates of such vehicle was reported to the police department as
having been stolen, it shall be a valid defense to an allegation of
liability for a violation of section three hundred eighty-five of this
article and the rules of the [department of transportation of the city
of New York] APPLICABLE COVERED AGENCY OR COVERED AUTHORITY in relation
to gross vehicle weight and/or axle weight pursuant to this section that
the vehicle or the number plate or plates of such 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
or number plate or plates of such vehicle be sent by first class mail to
the [New York city] APPLICABLE COVERED AGENCY OR COVERED AUTHORITY, OR
THE TRAFFIC VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR parking
violations bureau. NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED
TO PROHIBIT AN OWNER WHICH SUBMITS A POLICE REPORT PURSUANT TO THIS
SUBDIVISION TO THE APPLICABLE COVERED AGENCY OR COVERED AUTHORITY FROM
LATER SUBMITTING SUCH REPORT TO THE TRAFFIC VIOLATIONS BUREAU, COURT
HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU AS PROVIDED BY THIS
SUBDIVISION.
(j) 1. [An] WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS
PURSUANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A COURT
HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A
S. 3008--C 38 A. 3008--C
NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS
SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SECTION THREE HUNDRED
EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE APPLICABLE COVERED
AGENCY OR COVERED AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR
AXLE WEIGHT PURSUANT TO THIS SECTION, PROVIDED THAT SUCH OWNER SENDS TO
THE APPLICABLE COVERED AGENCY OR COVERED AUTHORITY, OR TO THE TRAFFIC
VIOLATIONS BUREAU OR COURT HAVING JURISDICTION 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 LEGI-
BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR
COURT 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 SECTION THREE HUNDRED EIGHTY-
FIVE OF THIS ARTICLE AND THE RULES OF THE APPLICABLE COVERED AGENCY OR
COVERED AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT
PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSU-
ANT TO SUBDIVISION (G) OF THIS SECTION. NOTHING CONTAINED IN THIS PARA-
GRAPH SHALL BE DEEMED TO PROHIBIT A LESSOR WHICH SUBMITS INFORMATION
PURSUANT TO THIS PARAGRAPH TO THE APPLICABLE COVERED AGENCY OR COVERED
AUTHORITY FROM LATER SUBMITTING SUCH INFORMATION TO THE TRAFFIC
VIOLATIONS BUREAU OR COURT HAVING JURISDICTION AS PROVIDED BY THIS PARA-
GRAPH.
2. IN A CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDICATION OF
LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING VIOLATIONS
BUREAU AND IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, 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 section three hundred eighty-five of this article and the
rules of the [department of transportation of the city of New York]
APPLICABLE COVERED AGENCY OR COVERED AUTHORITY in relation to gross
vehicle weight and/or axle weight pursuant to this section, provided
that:
(i) prior to the violation, the lessor has filed with [such parking
violations] THE bureau in accordance with the provisions of section two
hundred thirty-nine of this chapter; and
(ii) (A) within thirty-seven days after receiving notice from such
bureau of the date and time of a liability, together with the other
information contained in the original notice of liability, the lessor
submits to such bureau the correct name and address of the lessee of the
vehicle identified in the notice of liability at the time of such
violation, together with such other additional information contained in
the rental, lease or other contract document, as may be reasonably
required by such bureau pursuant to regulations that may be promulgated
for such purpose; OR
(B) NO LATER THAN THE TIME PERIOD PRESCRIBED BY CLAUSE (A) OF THIS
SUBPARAGRAPH, THE LESSOR SUBMITS TO THE APPLICABLE COVERED AGENCY OR
COVERED AUTHORITY 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. NOTHING CONTAINED IN
THIS CLAUSE SHALL BE DEEMED TO PROHIBIT A LESSOR WHICH SUBMITS INFORMA-
TION PURSUANT TO THIS CLAUSE TO THE APPLICABLE COVERED AGENCY OR
S. 3008--C 39 A. 3008--C
COVERED AUTHORITY FROM LATER SUBMITTING SUCH INFORMATION TO THE BUREAU
AS PROVIDED BY CLAUSE (A) OF THIS SUBPARAGRAPH.
[2.] 3. Failure to comply with subparagraph (ii) of paragraph [one]
TWO of this subdivision shall render the owner liable for the penalty
prescribed in this section.
[3.] 4. Where the lessor complies with the provisions of paragraph
[one] TWO of this subdivision, 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 such
violation pursuant to this section and shall be sent a notice of liabil-
ity pursuant to subdivision (g) of this section.
(k) 1. If the owner liable for a violation of section three hundred
eighty-five of this article and the rules of the [department of trans-
portation of the city of New York] APPLICABLE COVERED AGENCY OR COVERED
AUTHORITY in relation to gross vehicle weight and/or axle weight pursu-
ant to this section was not the operator of the vehicle at the time of
the violation, the owner may maintain an action for indemnification
against the operator.
2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle with-
out the consent of the owner at the time such operator operated such
vehicle in violation of section three hundred eighty-five of this arti-
cle and the rules of the [department of transportation of the city of
New York] APPLICABLE COVERED AGENCY OR COVERED AUTHORITY in relation to
gross vehicle weight and/or axle weight. For purposes of this subdivi-
sion there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time such
operator operated such vehicle in violation of section three hundred
eighty-five of this article and the rules of the [department of trans-
portation of the city of New York] APPLICABLE COVERED AGENCY OR COVERED
AUTHORITY in relation to gross vehicle weight and/or axle weight.
(l) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of section three hundred
eighty-five of this article and the rules of the [department of trans-
portation of the city of New York] APPLICABLE COVERED AGENCY OR COVERED
AUTHORITY in relation to gross vehicle weight and/or axle weight.
(m) If [the city] A COVERED AGENCY OR COVERED AUTHORITY adopts a
demonstration program pursuant to subdivision (a) of this section it
shall conduct a study and submit [an annual] A report on the results of
the use of weigh in motion violation monitoring systems to the governor,
the temporary president of the senate and the speaker of the assembly on
or before June first, two thousand [twenty-two] TWENTY-SIX and on the
same date [in each succeeding year] EVERY TWO YEARS THEREAFTER in which
the demonstration program is operable. Such [city] COVERED AGENCY OR
COVERED AUTHORITY shall also post such annual report on [the New York
city department of transportation] ITS website. Such report shall
include:
1. the locations where and dates when weigh in motion violation moni-
toring systems were used;
2. the total number of trucks weighed and the total number of
violations recorded by weigh in motion violation monitoring systems in
accordance with this section in the aggregate on a daily, weekly and
monthly basis;
3. the total number of violations recorded by weigh in motion
violation monitoring systems that were either ten percent OR MORE above
S. 3008--C 40 A. 3008--C
the gross vehicle weight or twenty percent OR MORE above the axle
weight;
4. the total number of notices of liability issued for violations
recorded by such weigh in motion systems;
5. the number of fines and total amount of fines paid after the first
notice of liability issued for violations recorded by weigh in motion
systems;
6. the number of violations adjudicated and the results of such adju-
dications including breakdowns of dispositions made for violations
recorded by weigh in motion systems;
7. the total amount of revenue realized by the [city of New York]
APPLICABLE COVERED AGENCY OR COVERED AUTHORITY in connection with the
program;
8. the expenses incurred by the [city of New York] APPLICABLE COVERED
AGENCY OR COVERED AUTHORITY in connection with the program;
9. the quality of the adjudication process and its results; and
10. THE TOTAL CAPITAL AMOUNT SPENT ON REPAIR, RECONSTRUCTION, AND/OR
MAINTENANCE ON EACH APPLICABLE COVERED LOCATION, INCLUDING, FOR THE CITY
OF NEW YORK, the total capital amount spent on repair or reconstruction
of interstate route 278 in Kings county and the total capital amount
spent on repair or reconstruction of interstate route 278 specifically
from the vicinity of Atlantic avenue to the vicinity of Sands street in
Kings county.
(n) It shall be a defense to any prosecution for a violation of
section three hundred eighty-five of this article and the rules of the
[department of transportation of the city of New York] APPLICABLE
COVERED AGENCY OR COVERED AUTHORITY in relation to gross vehicle weight
and/or axle weight pursuant to this section that such weigh in motion
violation monitoring system was malfunctioning at the time of the
alleged violation.
(O) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF
SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE
APPLICABLE COVERED AGENCY OR COVERED AUTHORITY IN RELATION TO GROSS
VEHICLE WEIGHT AND/OR AXLE WEIGHT PURSUANT TO THIS SECTION THAT:
1. THE OPERATOR OF THE MOTOR VEHICLE ALLEGED TO BE IN VIOLATION OPER-
ATED SUCH VEHICLE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF ANY
OVERWEIGHT PERMIT ISSUED IN ACCORDANCE WITH THIS CHAPTER AND ANY RULES
AND REGULATIONS PROMULGATED THERETO; OR
2. THE OWNER OF THE MOTOR VEHICLE ALLEGED TO BE IN VIOLATION HAS
RECEIVED NOTICES OF LIABILITY FOR NO LESS THAN TWO OTHER VIOLATIONS OF
SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE
APPLICABLE COVERED AGENCY OR COVERED AUTHORITY IN RELATION TO GROSS
VEHICLE WEIGHT AND/OR AXLE WEIGHT PURSUANT TO THIS SECTION FOR THE SAME
MOTOR VEHICLE OCCURRING WITHIN THE SAME TWENTY-FOUR HOUR PERIOD AS SUCH
VIOLATION, AND HAS BEEN FOUND LIABLE FOR SUCH OTHER VIOLATIONS AND PAID
ALL APPLICABLE FINES AND PENALTIES FOR SUCH OTHER VIOLATIONS.
§ 12. Section 1803 of the vehicle and traffic law is amended by adding
four new subdivisions 14, 15, 16 and 17 to read as follows:
14. WHERE THE CHAIR OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY HAS
ESTABLISHED A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IN RELATION TO GROSS VEHICLE
WEIGHT AND/OR AXLE WEIGHT IN ACCORDANCE WITH SECTION THREE HUNDRED
EIGHTY-FIVE-A OF THIS CHAPTER, ANY FINE OR PENALTY COLLECTED BY THE
PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK FOR AN IMPOSITION OF
S. 3008--C 41 A. 3008--C
LIABILITY WHICH OCCURS PURSUANT TO SUCH PROGRAM SHALL BE PAID TO THE
STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOWING
COLLECTION, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION
NINETY-NINE-A OF THE STATE FINANCE LAW. EVERY SUCH PAYMENT SHALL BE
ACCOMPANIED BY A STATEMENT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
SHALL PROVIDE. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF
THIS SECTION, EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR
SUCH LIABILITY SHALL BE PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
ITY, AND TWENTY PERCENT OF ANY SUCH FINE OR PENALTY SHALL BE PAID TO THE
CITY OF NEW YORK. WITH RESPECT TO THE PERCENTAGE OF FINES OR PENALTIES
PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, ONE HUNDRED PERCENT
SHALL BE DEDICATED TO CAPITAL PROJECTS RELATED TO TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY BRIDGES AND TUNNELS AFTER DEDUCTING THE EXPENSES NECES-
SARY TO ADMINISTER SUCH DEMONSTRATION PROGRAM, PROVIDED, HOWEVER, THAT
SUCH FUNDS PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE PAYABLE ON THE
AUDIT AND WARRANT OF THE COMPTROLLER. FOR THE PURPOSES OF THIS SUBDIVI-
SION, THE TERM "TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY" SHALL MEAN THE
CORPORATION ORGANIZED PURSUANT TO SECTION FIVE HUNDRED FIFTY-TWO OF THE
PUBLIC AUTHORITIES LAW, THE TERM "CHAIR" SHALL MEAN THE PRESIDENT OF THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AND THE TERM "COVERED LOCATION"
SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED BY SUBPARAGRAPH (II)
OF PARAGRAPH ONE-A OF SUBDIVISION (A) OF SECTION THREE HUNDRED EIGHTY-
FIVE-A OF THIS CHAPTER. ALL FINES, PENALTIES AND FORFEITURES PAID TO THE
CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE
CREDITED TO THE GENERAL FUND OF SUCH CITY, UNLESS A DIFFERENT DISPOSI-
TION IS PRESCRIBED BY CHARTER, SPECIAL LAW, LOCAL LAW OR ORDINANCE.
15. WHERE THE CHAIR OF THE BRIDGE AUTHORITY HAS ESTABLISHED A DEMON-
STRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE
FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION THREE HUNDRED
EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE BRIDGE AUTHORITY IN
RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT IN ACCORDANCE WITH
SECTION THREE HUNDRED EIGHTY-FIVE-A OF THIS CHAPTER, ANY FINE OR PENALTY
COLLECTED BY A COURT, JUDGE, MAGISTRATE OR OTHER OFFICER FOR AN IMPOSI-
TION OF LIABILITY WHICH OCCURS PURSUANT TO SUCH PROGRAM SHALL BE PAID TO
THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOWING
COLLECTION, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION
NINETY-NINE-A OF THE STATE FINANCE LAW. EVERY SUCH PAYMENT SHALL BE
ACCOMPANIED BY A STATEMENT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
SHALL PROVIDE. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF
THIS SECTION, EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR
SUCH LIABILITY SHALL BE PAID TO THE BRIDGE AUTHORITY, AND TWENTY PERCENT
OF ANY SUCH FINE OR PENALTY SHALL BE PAID TO THE CITY, TOWN OR VILLAGE
IN WHICH THE VIOLATION GIVING RISE TO THE LIABILITY OCCURRED. WITH
RESPECT TO THE PERCENTAGE OF FINES OR PENALTIES PAID TO THE BRIDGE
AUTHORITY, ONE HUNDRED PERCENT SHALL BE DEDICATED TO CAPITAL PROJECTS
RELATED TO BRIDGE AUTHORITY BRIDGES AFTER DEDUCTING THE EXPENSES NECES-
SARY TO ADMINISTER SUCH DEMONSTRATION PROGRAM, PROVIDED, HOWEVER, THAT
SUCH FUNDS PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE PAYABLE ON THE
AUDIT AND WARRANT OF THE COMPTROLLER. FOR THE PURPOSES OF THIS SUBDIVI-
SION, THE TERM "BRIDGE AUTHORITY" SHALL MEAN THE NEW YORK STATE BRIDGE
AUTHORITY CREATED PURSUANT TO SECTION FIVE HUNDRED TWENTY-SEVEN OF THE
PUBLIC AUTHORITIES LAW AND THE TERM "COVERED LOCATION" SHALL HAVE THE
SAME MEANING AS SUCH TERM IS DEFINED BY SUBPARAGRAPH (II) OF PARAGRAPH
ONE-B OF SUBDIVISION (A) OF SECTION THREE HUNDRED EIGHTY-FIVE-A OF THIS
CHAPTER. ALL FINES, PENALTIES AND FORFEITURES PAID TO A CITY, TOWN OR
VILLAGE PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE CREDITED
S. 3008--C 42 A. 3008--C
TO THE GENERAL FUND OF SUCH CITY, TOWN OR VILLAGE, UNLESS A DIFFERENT
DISPOSITION IS PRESCRIBED BY CHARTER, SPECIAL LAW, LOCAL LAW OR ORDI-
NANCE.
16. WHERE THE CHAIR OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY
HAS ESTABLISHED A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON
THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE
PORT AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT IN
ACCORDANCE WITH SECTION THREE HUNDRED EIGHTY-FIVE-A OF THIS CHAPTER, ANY
FINE OR PENALTY COLLECTED BY THE PARKING VIOLATIONS BUREAU OF THE CITY
OF NEW YORK FOR AN IMPOSITION OF LIABILITY WHICH OCCURS PURSUANT TO SUCH
PROGRAM SHALL BE PAID TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS
OF THE MONTH FOLLOWING COLLECTION, EXCEPT AS OTHERWISE PROVIDED IN
SUBDIVISION THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW.
EVERY SUCH PAYMENT SHALL BE ACCOMPANIED BY A STATEMENT IN SUCH FORM AND
DETAIL AS THE COMPTROLLER SHALL PROVIDE. NOTWITHSTANDING THE PROVISIONS
OF SUBDIVISION FIVE OF THIS SECTION, EIGHTY PERCENT OF ANY SUCH FINE OR
PENALTY IMPOSED FOR SUCH LIABILITY SHALL BE PAID TO THE PORT AUTHORITY,
AND TWENTY PERCENT OF ANY SUCH FINE OR PENALTY SHALL BE PAID TO THE CITY
OF NEW YORK WHERE THE VIOLATION GIVING RISE TO THE LIABILITY OCCURRED.
WITH RESPECT TO THE PERCENTAGE OF FINES OR PENALTIES PAID TO THE PORT
AUTHORITY, ONE HUNDRED PERCENT SHALL BE DEDICATED TO CAPITAL PROJECTS
RELATED TO PORT AUTHORITY BRIDGES AFTER DEDUCTING THE EXPENSES NECESSARY
TO ADMINISTER SUCH DEMONSTRATION PROGRAM, PROVIDED, HOWEVER, THAT SUCH
FUNDS PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE PAYABLE ON THE
AUDIT AND WARRANT OF THE COMPTROLLER. FOR THE PURPOSES OF THIS SUBDIVI-
SION, THE TERM "PORT AUTHORITY" SHALL MEAN THE PORT AUTHORITY OF NEW
YORK AND NEW JERSEY, THAT BODY CORPORATE AND POLITIC CREATED PURSUANT TO
ARTICLE THREE OF CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINETEEN
HUNDRED TWENTY-ONE, AND DESIGNATED AS "THE PORT AUTHORITY OF NEW YORK
AND NEW JERSEY" BY SUCH CHAPTER AND THE TERM "COVERED LOCATION" SHALL
HAVE THE SAME MEANING AS SUCH TERM IS DEFINED BY SUBPARAGRAPH (II) OF
PARAGRAPH ONE-C OF SUBDIVISION (A) OF SECTION THREE HUNDRED
EIGHTY-FIVE-A OF THIS CHAPTER. ALL FINES, PENALTIES AND FORFEITURES PAID
TO THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION
SHALL BE CREDITED TO THE GENERAL FUND OF SUCH CITY, UNLESS A DIFFERENT
DISPOSITION IS PRESCRIBED BY CHARTER, SPECIAL LAW, LOCAL LAW OR ORDI-
NANCE.
17. WHERE THE CHAIR OF THE NEW YORK STATE THRUWAY AUTHORITY HAS ESTAB-
LISHED A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER
OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SECTION
THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE THRUWAY
AUTHORITY IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT IN
ACCORDANCE WITH SECTION THREE HUNDRED EIGHTY-FIVE-A OF THIS CHAPTER, ANY
FINE OR PENALTY COLLECTED BY A COURT, JUDGE, MAGISTRATE OR OTHER OFFICER
FOR AN IMPOSITION OF LIABILITY WHICH OCCURS PURSUANT TO SUCH PROGRAM
SHALL BE PAID TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE
MONTH FOLLOWING COLLECTION, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW. EVERY SUCH
PAYMENT SHALL BE ACCOMPANIED BY A STATEMENT IN SUCH FORM AND DETAIL AS
THE COMPTROLLER SHALL PROVIDE. NOTWITHSTANDING THE PROVISIONS OF SUBDI-
VISION FIVE OF THIS SECTION, EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY
IMPOSED FOR SUCH LIABILITY SHALL BE PAID TO THE THRUWAY AUTHORITY, AND
TWENTY PERCENT OF ANY SUCH FINE OR PENALTY SHALL BE PAID TO THE CITY,
TOWN OR VILLAGE IN WHICH THE VIOLATION GIVING RISE TO THE LIABILITY
OCCURRED. WITH RESPECT TO THE PERCENTAGE OF FINES OR PENALTIES PAID TO
S. 3008--C 43 A. 3008--C
THE THRUWAY AUTHORITY, ONE HUNDRED PERCENT SHALL BE DEDICATED TO CAPITAL
PROJECTS RELATED TO THE THRUWAY AND THRUWAY BRIDGES AFTER DEDUCTING THE
EXPENSES NECESSARY TO ADMINISTER SUCH DEMONSTRATION PROGRAM, PROVIDED,
HOWEVER, THAT SUCH FUNDS PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE
PAYABLE ON THE AUDIT AND WARRANT OF THE COMPTROLLER. FOR THE PURPOSES
OF THIS SUBDIVISION, THE TERM "THRUWAY AUTHORITY" SHALL MEAN THE NEW
YORK STATE THRUWAY AUTHORITY, A BODY CORPORATE AND POLITIC CONSTITUTING
A PUBLIC CORPORATION CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF
ARTICLE TWO OF THE PUBLIC AUTHORITIES LAW AND THE TERM "COVERED
LOCATION" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED BY SUBPAR-
AGRAPH (II) OF PARAGRAPH ONE-D OF SUBDIVISION (A) OF SECTION THREE
HUNDRED EIGHTY-FIVE-A OF THIS CHAPTER AND THE TERM "THRUWAY" SHALL MEAN
GENERALLY A DIVIDED HIGHWAY UNDER THE JURISDICTION OF THE THRUWAY
AUTHORITY FOR MIXED TRAFFIC WITH ACCESS LIMITED AS THE AUTHORITY MAY
DETERMINE AND GENERALLY WITH GRADE SEPARATIONS AT INTERSECTIONS. ALL
FINES, PENALTIES AND FORFEITURES PAID TO A CITY, TOWN OR VILLAGE PURSU-
ANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE CREDITED TO THE
GENERAL FUND OF SUCH CITY, TOWN OR VILLAGE, UNLESS A DIFFERENT DISPOSI-
TION IS PRESCRIBED BY CHARTER, SPECIAL LAW, LOCAL LAW OR ORDINANCE.
§ 13. Each covered agency and covered authority as such terms are
defined by article ten of the vehicle and traffic law shall: (i) prior
to implementing a weigh in motion demonstration program as authorized by
section 385-a of the vehicle and traffic law, as amended by section
eleven of this act, communicate to the public the plan for the use of
vehicle weigh in motion violation monitoring systems to enforce vehicle
weight restrictions so as to maximize awareness of such program; (ii)
during the first 90 day period in which weigh in motion violation moni-
toring systems are in operation at a covered location pursuant to the
provisions of this act send by first class mail a written warning in
lieu of a notice of liability to all owners of motor vehicles who would
be held liable for failure of operators thereof to comply with section
385 of the vehicle and traffic law and the rules of the applicable
covered agency or covered authority in relation to gross vehicle weight
and/or axle weight, together with notice of the weigh in motion demon-
stration program authorized by section 385-a of the vehicle and traffic
law; and (iii) take such measures as are necessary to implement such
program prior to its implementation, including promulgating any rules
and regulations necessary for the implementation of this act. For the
purposes of this section, the term "covered location" shall have the
same meaning as such term is defined by paragraphs one, one-a, one-b,
one-c, and one-d of subdivision (a) of section three hundred eighty-
five-a of the vehicle and traffic law.
§ 14. Section 15 of chapter 773 of the laws of 2021, amending the
vehicle and traffic law and the public officers law relating to estab-
lishing a demonstration program on interstate route 278 in Kings county
to enforce vehicle weight restriction on such interstate by means of
mobile or stationary weigh in motion systems, is amended to read as
follows:
§ 15. The purchase or lease of equipment BY THE CITY OF NEW YORK for a
demonstration program pursuant to section 385-a of the vehicle and traf-
fic law shall be subject to the provisions of section 103 of the general
municipal law.
§ 15. Section 16 of chapter 773 of the laws of 2021, amending the
vehicle and traffic law and the public officers law relating to estab-
lishing a demonstration program on interstate route 278 in Kings county
to enforce vehicle weight restriction on such interstate by means of
S. 3008--C 44 A. 3008--C
mobile or stationary weigh in motion systems, is amended to read as
follows:
§ 16. This act shall take effect immediately; provided, however, that
sections twelve, thirteen, fourteen and fifteen shall expire and be
deemed repealed December 1, [2025] 2030 when upon such date the
provisions of such sections shall be deemed repealed; and provided
further, that notwithstanding the expiration and repeal of sections
twelve, thirteen, fourteen and fifteen of this act, any notices of
liability issued pursuant to the demonstration program authorized pursu-
ant to section 385-a of the vehicle and traffic law, as added by section
twelve of this act, prior to the expiration date of this act may be
adjudicated after such expiration date[; and provided further, that:
(a) the amendments to the opening paragraph and paragraph (c) of
subdivision 1 of section 1809 of the vehicle and traffic law made by
section eight of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section eight-a of this act shall take effect;
(b) the amendments to the opening paragraph and paragraph (c) of
subdivision 1 of section 1809 of the vehicle and traffic law made by
section eight-a of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section eight-b of this act shall take effect;
(c) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-b of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-c of this act shall take
effect;
(d) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-c of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-d of this act shall take
effect;
(e) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-d of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-e of this act shall take
effect;
(f) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-e of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-f of this act shall take
effect;
(g) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-f of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-g of this act shall take
effect; and
(h) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight-g of this act shall not affect the
expiration of such section and shall be deemed to expire therewith, when
upon such date the provisions of section eight-h of this act shall take
effect].
§ 16. Sections 8, 8-a, 8-b, 8-c, 8-d, 8-e, 8-f, 8-g and 8-h of chapter
773 of the laws of 2021, amending the vehicle and traffic law relating
to establishing a demonstration program on interstate route 278 in Kings
S. 3008--C 45 A. 3008--C
county to enforce vehicle weight restriction on such interstate by means
of mobile or stationary weigh in motion systems, are REPEALED.
§ 17. This act shall take effect immediately; provided, however, that
sections twelve and thirteen of this act shall expire and be deemed
repealed on the same date and in the same manner as sections 12, 13, 14
and 15 of chapter 773 of the laws of 2021, amending the vehicle and
traffic law and the public officers law relating to establishing a
demonstration program on interstate route 278 in Kings county to enforce
vehicle weight restriction on such interstate by means of mobile or
stationary weigh in motion systems, expire and are deemed repealed; and
provided further, however, that the amendments to section 385-a of the
vehicle and traffic law and section 15 of chapter 773 of the laws of
2021, amending the vehicle and traffic law and the public officers law
relating to establishing a demonstration program on interstate route 278
in Kings county to enforce vehicle weight restriction on such interstate
by means of mobile or stationary weigh in motion systems, made by
sections eleven and fourteen of this act shall not affect the expiration
and repeal of such sections and shall be deemed repealed therewith; and
provided further, however, that the port authority of New York and New
Jersey shall not be subject to the provisions of this act until the date
of enactment into law by the state of New Jersey of legislation having
an identical effect with this act, but if the state of New Jersey shall
have already enacted such legislation the provisions of this act shall
apply to the port authority of New York and New Jersey immediately.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
PART O
Intentionally Omitted
PART P
Intentionally Omitted
PART Q
Section 1. The section heading and paragraphs 1 and 2 of subdivision
(a) of section 1180-e of the vehicle and traffic law, as added by chap-
ter 421 of the laws of 2021, are amended to read as follows:
Owner liability for failure of operator to comply with certain posted
maximum speed limits; HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA.
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
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-
S. 3008--C 46 A. 3008--C
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 [twenty] 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 main-
tenance 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 high-
way construction or maintenance work area. A photo speed violation moni-
toring system shall not be installed or operated on a controlled-access
highway exit ramp.
2. Notwithstanding any other provision of law, after holding a public
hearing in accordance with the public officers law and subsequent
approval of the establishment of a demonstration program in accordance
with this section by a majority of the members of the entire board of
the thruway authority, the chair of the thruway authority is hereby
authorized to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with posted maximum speed limits in a highway construction or
maintenance work area located on the thruway (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 subdivision (b) or (g) or
paragraph one of subdivision (d) of section eleven hundred eighty of
this article. Such demonstration program shall empower [the] SUCH chair
to install photo speed violation monitoring systems within no more than
[ten] TWENTY highway construction or maintenance work areas located on
the thruway 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 subdivi-
sion (d) or subdivision (f) of section eleven hundred eighty of this
article or (iv) when highway construction or maintenance work is occur-
ring 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 chair OF THE THRUWAY AUTHORITY, in consulta-
tion with the superintendent of the division of state police, shall
determine the location of the highway construction or maintenance work
areas located on the thruway 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] SUCH chair shall consider criteria
including, but not limited to, the speed data, crash history, and road-
S. 3008--C 47 A. 3008--C
way geometry applicable to such highway construction or maintenance work
area. A photo speed violation monitoring system shall not be installed
or operated on a thruway exit ramp.
§ 2. Paragraphs 3, 4, 5, and subparagraph (i) and the opening para-
graph of subparagraph (ii) of paragraph 6 of subdivision (a), subdivi-
sions (b), (c), (d), paragraph 3 of subdivision (g), (h), (i), (j), and
(m) of section 1180-e of the vehicle and traffic law, as added by chap-
ter 421 of the laws of 2021, are amended and two new paragraphs 2-a and
2-b are added to subdivision (a) to read as follows:
2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AFTER HOLDING A
PUBLIC HEARING IN ACCORDANCE WITH THE PUBLIC OFFICERS LAW AND SUBSEQUENT
APPROVAL OF THE ESTABLISHMENT OF A DEMONSTRATION PROGRAM IN ACCORDANCE
WITH THIS SECTION BY A MAJORITY OF THE MEMBERS OF THE ENTIRE BOARD OF
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, THE CHAIR OF THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY IS HEREBY AUTHORIZED TO ESTABLISH A DEMON-
STRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE
FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED
LIMITS IN A HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA LOCATED ON A
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FACILITY (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 SUBDIVISION (B) OR (G) OR
PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER SUCH CHAIR TO
INSTALL PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN NO MORE THAN
NINE HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREAS LOCATED ON TRIBOR-
OUGH BRIDGE AND TUNNEL AUTHORITY FACILITIES 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 CHAIR OF THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, IN CONSULTATION WITH THE CHIEF
OF THE METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT OR THE
CHIEF OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY PEACE OFFICERS
APPOINTED PURSUANT TO SUBDIVISION TWENTY OF SECTION 2.10 OF THE CRIMINAL
PROCEDURE LAW, SHALL DETERMINE THE LOCATION OF THE HIGHWAY CONSTRUCTION
OR MAINTENANCE WORK AREAS LOCATED ON TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY FACILITIES 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, SUCH CHAIR SHALL CONSIDER CRITERIA INCLUD-
ING, BUT NOT LIMITED TO, THE SPEED DATA, CRASH HISTORY, AND ROADWAY
GEOMETRY APPLICABLE TO SUCH HIGHWAY CONSTRUCTION OR MAINTENANCE WORK
AREA. THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND THE NEW YORK
CITY DEPARTMENT OF TRANSPORTATION MAY ENTER INTO A MEMORANDUM OF UNDER-
STANDING WITH THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FOR THE
PURPOSES OF COORDINATING THE PLANNING, DESIGN, AND INSTALLATION OF PHOTO
SPEED VIOLATION MONITORING SYSTEMS IN SUCH PHOTO SPEED VIOLATION MONI-
TORING DEMONSTRATION PROGRAM. SUCH MEMORANDUM SHALL ADDRESS, FOR
PURPOSES OF SUCH DEMONSTRATION PROGRAM, THE USE OF SYSTEMS, DEVICES AND
S. 3008--C 48 A. 3008--C
OTHER FACILITIES OWNED AND OPERATED BY THE STATE OR BY THE NEW YORK CITY
DEPARTMENT OF TRANSPORTATION.
2-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AFTER HOLDING A
PUBLIC HEARING IN ACCORDANCE WITH THE PUBLIC OFFICERS LAW AND SUBSEQUENT
APPROVAL OF THE ESTABLISHMENT OF A DEMONSTRATION PROGRAM IN ACCORDANCE
WITH THIS SECTION BY A MAJORITY OF THE MEMBERS OF THE ENTIRE BOARD OF
THE BRIDGE AUTHORITY, THE CHAIR OF THE BRIDGE AUTHORITY IS HEREBY
AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING MONETARY
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN A HIGHWAY CONSTRUCTION OR
MAINTENANCE WORK AREA LOCATED ON BRIDGE AUTHORITY FACILITIES (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 SUBDIVISION (B) OR (G)
OR PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER SUCH CHAIR TO
INSTALL PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN NO MORE THAN
FIVE HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREAS LOCATED ON BRIDGE
AUTHORITY FACILITIES 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 SUBDIVI-
SION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE. THE CHAIR OF THE BRIDGE AUTHORITY, 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 BRIDGE AUTHORITY FACILITIES 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, SUCH CHAIR 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. THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION
MAY ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE BRIDGE AUTHORITY
FOR THE PURPOSES OF COORDINATING THE PLANNING, DESIGN, AND INSTALLATION
OF PHOTO SPEED VIOLATION MONITORING SYSTEMS IN SUCH PHOTO SPEED
VIOLATION MONITORING DEMONSTRATION PROGRAM. SUCH MEMORANDUM SHALL
ADDRESS, FOR PURPOSES OF SUCH DEMONSTRATION PROGRAM, THE USE OF SYSTEMS,
DEVICES AND OTHER FACILITIES OWNED AND OPERATED BY THE STATE.
3. No photo speed violation monitoring system shall be used in a high-
way construction or maintenance work area unless (i) on the day it is to
be used it has successfully passed a self-test of its functions; and
(ii) it has undergone an annual calibration check performed pursuant to
paragraph five of this subdivision. The commissioner or chair OF THE
THRUWAY AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, OR BRIDGE
AUTHORITY, as applicable, shall install signs giving notice that a photo
speed violation monitoring system is in use, in conformance with stand-
ards established in the MUTCD.
4. Operators of photo speed violation monitoring systems shall have
completed training in the procedures for setting up, testing, and oper-
ating such systems. Each such operator shall complete and sign a daily
set-up log for each such system that [he or she] THE OPERATOR operates
S. 3008--C 49 A. 3008--C
that (i) states the date and time when, and the location where, the
system was set up that day, and (ii) states that such operator success-
fully performed, and the system passed, the self-tests of such system
before producing a recorded image that day. The commissioner or the
chair OF THE THRUWAY AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY,
OR BRIDGE AUTHORITY, as applicable, shall retain each such daily log
until the later of the date on which the photo speed violation monitor-
ing system to which it applies has been permanently removed from use or
the final resolution of all cases involving notices of liability issued
based on photographs, microphotographs, video or other recorded images
produced by such system.
5. Each photo speed violation monitoring system shall undergo an annu-
al calibration check performed by an independent calibration laboratory
which shall issue a signed certificate of calibration. The commissioner
or the chair OF THE THRUWAY AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY, OR BRIDGE AUTHORITY, as applicable, shall keep each such
annual certificate of calibration on file until the final resolution of
all cases involving a notice of liability issued during such year which
were based on photographs, microphotographs, videotape or other recorded
images produced by such photo speed violation monitoring system.
(i) Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs, microphotographs,
videotape or other recorded images produced by such photo speed
violation monitoring systems shall not include images that identify the
driver, the passengers, or the contents of the vehicle. Provided,
however, that no notice of liability issued pursuant to this section
shall be dismissed solely because such a photograph, microphotograph,
videotape or other recorded image allows for the identification of the
driver, the passengers, or the contents of vehicles where the commis-
sioner or the chair OF THE THRUWAY AUTHORITY, TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY, OR BRIDGE AUTHORITY, as applicable, shows that they
made reasonable efforts to comply with the provisions of this paragraph
in such case.
Photographs, microphotographs, videotape or any other recorded image
from a photo speed violation monitoring system shall be for the exclu-
sive use of the commissioner or [the] chair OF THE THRUWAY AUTHORITY,
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, OR BRIDGE AUTHORITY, as applica-
ble, for the purpose of the adjudication of liability imposed pursuant
to this section and of the owner receiving a notice of liability pursu-
ant to this section, and shall be destroyed by the commissioner or chair
OF THE THRUWAY AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, OR
BRIDGE AUTHORITY, as applicable, upon the final resolution of the notice
of liability to which such photographs, microphotographs, videotape or
other recorded images relate, or one year following the date of issuance
of such notice of liability, whichever is later. Notwithstanding the
provisions of any other law, rule or regulation to the contrary, photo-
graphs, microphotographs, videotape or any other recorded image from a
photo speed violation monitoring system shall not be open to the public,
nor subject to civil or criminal process or discovery, nor used by any
court or administrative or adjudicatory body in any action or proceeding
therein except that which is necessary for the adjudication of a notice
of liability issued pursuant to this section, and no public entity or
employee, officer or agent thereof shall disclose such information,
except that such photographs, microphotographs, videotape or any other
recorded images from such systems:
S. 3008--C 50 A. 3008--C
(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 [or on], the thruway,
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FACILITIES OR BRIDGE AUTHORITY
FACILITIES, 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 trav-
eling 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.
(c) For purposes of this section, the following terms shall have the
following meanings:
1. ["chair"] "BRIDGE AUTHORITY" shall mean the [chair of the] New York
state [thruway] BRIDGE authority CREATED PURSUANT TO SECTION FIVE
HUNDRED TWENTY-SEVEN OF THE PUBLIC AUTHORITIES LAW;
2. "BRIDGE AUTHORITY FACILITY" SHALL MEAN THE FOLLOWING BRIDGES UNDER
THE JURISDICTION OF THE NEW YORK STATE BRIDGE AUTHORITY: THE BEAR MOUN-
TAIN BRIDGE; THE NEWBURGH BEACON BRIDGE; THE MID-HUDSON BRIDGE; THE
KINGSTON-RHINECLIFF BRIDGE; AND THE RIP VAN WINKLE BRIDGE;
3. "CHAIR" SHALL MEAN THE CHAIR OF THE THRUWAY AUTHORITY, THE CHAIR OF
THE BRIDGE AUTHORITY, OR THE PRESIDENT OF THE TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY, AS APPLICABLE;
4."commissioner" shall mean the commissioner of transportation;
[3.] 5. "controlled-access highway" shall mean a controlled-access
highway as defined by section one hundred nine of this chapter under the
commissioner's jurisdiction which has been functionally 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 highway administration
pursuant to part 470.105 of title 23 of the code of federal regulations,
as amended from time to time;
[4.] 6. "manual on uniform traffic control devices" or "MUTCD" shall
mean the manual and specifications for a uniform system of traffic
control devices maintained by the commissioner of transportation pursu-
ant to section sixteen hundred eighty of this chapter;
7. "METROPOLITAN TRANSPORTATION AUTHORITY" SHALL MEAN THE CORPORATION
CREATED BY SECTION TWELVE HUNDRED SIXTY-THREE OF THE PUBLIC AUTHORITIES
LAW;
[5.] 8. "owner" shall have the meaning provided in article two-B of
this chapter;
[6.] 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 [or on], the thruway,
S. 3008--C 51 A. 3008--C
TRIBOROUGH 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;
[7.] 10. "thruway authority" shall mean the New York state thruway
authority, a body corporate and politic constituting a public corpo-
ration created and constituted pursuant to title nine of article two of
the public authorities law; [and
8.] 11. "thruway" shall mean generally a divided highway under the
jurisdiction of the thruway authority for mixed traffic with access
limited as the authority may determine and generally with grade sepa-
rations at intersections[.];
12. "TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY" SHALL MEAN THE CORPO-
RATION ORGANIZED PURSUANT TO SECTION FIVE HUNDRED FIFTY-TWO OF THE
PUBLIC AUTHORITIES LAW; AND
13. "TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FACILITY" SHALL MEAN THE
FOLLOWING BRIDGES AND TUNNELS UNDER THE JURISDICTION OF THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY: THE BRONX-WHITESTONE BRIDGE; THE CROSS BAY
VETERANS MEMORIAL BRIDGE; THE HENRY HUDSON BRIDGE; THE MARINE PARKWAY-
GIL HODGES MEMORIAL BRIDGE; THE ROBERT F. KENNEDY BRIDGE; THE THROGS
NECK BRIDGE; THE VERRAZZANO-NARROWS BRIDGE; THE HUGH L. CAREY TUNNEL;
AND THE QUEENS MIDTOWN TUNNEL.
(d) A certificate, sworn to or affirmed by a technician employed by
the commissioner or chair OF THE THRUWAY AUTHORITY, TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY, OR BRIDGE AUTHORITY, as applicable, or a facsimile
thereof, based upon inspection of photographs, microphotographs, vide-
otape or other recorded images produced by a photo speed violation moni-
toring system, shall be prima facie evidence of the facts contained
therein. Any photographs, microphotographs, videotape or other recorded
images evidencing such a violation shall include at least two date and
time stamped images of the rear of the motor vehicle that include the
same stationary object near the motor vehicle and shall be available for
inspection reasonably in advance of and at any proceeding to adjudicate
the liability for such violation pursuant to this section.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which [he or she] SUCH
PERSON 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 thereon.
(h) Adjudication of the liability imposed upon owners [of] 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 jurisdic-
tion over traffic infractions where the violation occurred, except that
if a city has established an administrative tribunal to hear and deter-
mine 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 ADJUDICATION OF LIABILITY
IMPOSED UPON OWNERS BY THIS SECTION FOR VIOLATIONS OCCURRING IN THE CITY
OF NEW YORK SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle or the number plate
or plates of such vehicle was reported to the police department as
having been stolen, it shall be a valid defense to an allegation of
S. 3008--C 52 A. 3008--C
liability for a violation of subdivision (b), (d), (f) or (g) of section
eleven hundred eighty of this article pursuant to this section that the
vehicle or the number plate or plates of such 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 sufficient that a certified
copy of the police report on the stolen vehicle or number plate or
plates of such vehicle be sent by first class mail to the DEPARTMENT OF
TRANSPORTATION, THRUWAY AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORI-
TY OR BRIDGE AUTHORITY, AS APPLICABLE, OR TO THE traffic violations
bureau, court having jurisdiction or parking violations bureau. NOTHING
CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT AN OWNER WHICH
SUBMITS A POLICE REPORT PURSUANT TO THIS SUBDIVISION TO THE DEPARTMENT
OF TRANSPORTATION, THRUWAY AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY OR BRIDGE AUTHORITY, AS APPLICABLE, FROM LATER SUBMITTING SUCH
REPORT TO THE TRAFFIC VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR
PARKING VIOLATIONS BUREAU AS PROVIDED BY THIS SUBDIVISION.
(j) 1. Where the adjudication of liability imposed upon owners pursu-
ant to this section is by a traffic violations bureau or a court having
jurisdiction, 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 (b), (d), (f) or (g) of
section eleven hundred eighty of this article pursuant to this section,
provided that [he or she] THE OWNER sends to the DEPARTMENT OF TRANSPOR-
TATION, THRUWAY AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY OR
BRIDGE AUTHORITY, AS APPLICABLE, OR TO THE traffic violations bureau or
court having jurisdiction 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 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 (b), (d), (f) or (g) of
section eleven hundred eighty of this article pursuant to this section
and shall be sent a notice of liability pursuant to subdivision (g) of
this section. NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO
PROHIBIT A LESSOR WHICH SUBMITS INFORMATION PURSUANT TO THIS PARAGRAPH
TO THE DEPARTMENT OF TRANSPORTATION, THRUWAY AUTHORITY, TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY OR BRIDGE AUTHORITY, AS APPLICABLE, FROM
LATER SUBMITTING SUCH INFORMATION TO THE TRAFFIC VIOLATIONS BUREAU OR
COURT HAVING JURISDICTION AS PROVIDED BY THIS PARAGRAPH.
2. (i) In [a] THE CITY OF NEW YORK AND IN ANY city which, by local
law, has authorized the adjudication of liability imposed upon owners by
this section by a parking violations bureau, an owner who is a lessor of
a vehicle to which a notice of liability was issued pursuant to subdivi-
sion (g) of this section shall not be liable for the violation of subdi-
vision (b), (d), (f) or (g) of section eleven hundred eighty of this
article, provided that:
(A) prior to the violation, the lessor has filed with the bureau in
accordance with the provisions of section two hundred thirty-nine of
this chapter; and
S. 3008--C 53 A. 3008--C
(B) (1) within thirty-seven days after receiving notice from the
bureau of the date and time of a liability, together with the other
information contained in the original notice of liability, the lessor
submits to the bureau the correct name and address of the lessee of the
vehicle identified in the notice of liability at the time of such
violation, together with such other additional information contained in
the rental, lease or other contract document, as may be reasonably
required by the bureau pursuant to regulations that may be promulgated
for such purpose; OR
(2) NO LATER THAN THE TIME PERIOD PRESCRIBED BY ITEM ONE OF THIS
CLAUSE, THE LESSOR SUBMITS TO THE DEPARTMENT OF TRANSPORTATION, THRUWAY
AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, OR BRIDGE AUTHORITY,
AS APPLICABLE, A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCU-
MENT COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME
AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE. NOTHING CONTAINED IN THIS
ITEM SHALL BE DEEMED TO PROHIBIT A LESSOR WHICH SUBMITS INFORMATION
PURSUANT TO THIS ITEM TO THE DEPARTMENT OF TRANSPORTATION, THRUWAY
AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY OR BRIDGE AUTHORITY,
AS APPLICABLE, FROM LATER SUBMITTING SUCH INFORMATION TO THE BUREAU AS
PROVIDED BY ITEM ONE OF THIS CLAUSE.
(ii) Failure to comply with clause (B) of subparagraph (i) of this
paragraph shall render the owner liable for the penalty prescribed in
this section.
(iii) 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 such violation pursuant to this section and
shall be sent a notice of liability pursuant to subdivision (g) of this
section.
(m) If the commissioner or chair OF THE THRUWAY AUTHORITY, TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY, OR BRIDGE AUTHORITY adopts a demonstration
program pursuant to subdivision (a) of this section the commissioner or
chair OF THE THRUWAY AUTHORITY, as applicable, shall conduct a study and
submit a report on or before May first, two thousand twenty-four and [a
report on or before May first, two thousand twenty-six] ON THE SAME DATE
EVERY TWO YEARS THEREAFTER IN WHICH THE DEMONSTRATION PROGRAM IS OPERA-
BLE, AND THE CHAIR OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY OR
BRIDGE AUTHORITY, AS APPLICABLE, SHALL CONDUCT A STUDY AND SUBMIT A
REPORT ON OR BEFORE MAY FIRST, TWO THOUSAND TWENTY-EIGHT AND ON THE SAME
DATE EVERY TWO YEARS THEREAFTER IN WHICH THE DEMONSTRATION PROGRAM IS
OPERABLE, on the results of the use of photo devices to the governor,
the temporary president of the senate and the speaker of the assembly.
The commissioner or chair OF THE THRUWAY AUTHORITY, TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY, OR BRIDGE AUTHORITY, AS APPLICABLE, shall also
make such reports available on their public-facing websites, provided
that they may provide aggregate data from paragraph one of this subdivi-
sion if the commissioner or chair OF THE THRUWAY AUTHORITY, TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY, OR BRIDGE AUTHORITY, AS APPLICABLE, finds
that publishing specific location data would jeopardize public safety.
Such report shall include:
1. the locations where and dates when photo speed violation monitoring
systems were used;
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, [or on] the thru-
way, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FACILITIES OR BRIDGE AUTHOR-
S. 3008--C 54 A. 3008--C
ITY FACILITIES, AS APPLICABLE, to the extent the information is main-
tained 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;
3. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within highway construction or
maintenance work areas where photo speed violation monitoring systems
were used, to the extent the information is maintained by the commis-
sioner, 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, [or on] 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 AUTHOR-
ITY, OR BRIDGE AUTHORITY, or the department of motor vehicles of this
state;
5. the number of violations recorded within each highway construction
or maintenance work area where a photo speed violation monitoring system
is used, in the aggregate on a daily, weekly and monthly basis;
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, [or on] 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;
7. the number of violations recorded within each highway construction
or maintenance work area where a photo speed violation monitoring system
is used 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;
8. the total number of notices of liability issued for violations
recorded by such systems;
9. the number of fines and total amount of fines paid after the first
notice of liability issued for violations recorded by such systems, 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;
10. the number of violations adjudicated and the results of such adju-
dications including breakdowns of dispositions made for violations
recorded by such systems, to the extent the information is maintained by
S. 3008--C 55 A. 3008--C
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;
11. the total amount of revenue realized by the state or THE thruway
authority, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, OR BRIDGE AUTHORITY,
AS APPLICABLE, in connection with the program;
12. the expenses incurred by the state or the thruway authority,
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, OR BRIDGE AUTHORITY, AS APPLICA-
BLE, in connection with the program;
13. an itemized list of expenditures made by the state [and the],
thruway authority, TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AND THE
BRIDGE AUTHORITY on work zone safety projects undertaken in accordance
with subdivisions eleven [and], twelve, FOURTEEN AND FIFTEEN of section
eighteen hundred three of this chapter; and
14. the quality of the adjudication process and its results, 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.
§ 3. Section 1803 of the vehicle and traffic law is amended by adding
two new subdivisions 14 and 15 to read as follows:
14. WHERE THE CHAIR OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY HAS
ESTABLISHED A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
CHAPTER, ANY FINE OR PENALTY COLLECTED BY THE NEW YORK CITY PARKING
VIOLATIONS BUREAU FOR AN IMPOSITION OF LIABILITY WHICH OCCURS PURSUANT
TO SUCH PROGRAM SHALL BE PAID TO THE STATE COMPTROLLER WITHIN THE FIRST
TEN DAYS OF THE MONTH FOLLOWING COLLECTION, EXCEPT AS OTHERWISE PROVIDED
IN SUBDIVISION THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW.
EVERY SUCH PAYMENT SHALL BE ACCOMPANIED BY A STATEMENT IN SUCH FORM AND
DETAIL AS THE COMPTROLLER SHALL PROVIDE. NOTWITHSTANDING THE PROVISIONS
OF SUBDIVISION FIVE OF THIS SECTION, EIGHTY PERCENT OF ANY SUCH FINE OR
PENALTY IMPOSED FOR SUCH LIABILITY SHALL BE PAID TO THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY, AND TWENTY PERCENT OF ANY SUCH FINE OR
PENALTY SHALL BE PAID TO THE CITY OF NEW YORK. WITH RESPECT TO THE
PERCENTAGE OF FINES OR PENALTIES PAID TO THE TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY, NO LESS THAN SIXTY PERCENT SHALL BE DEDICATED TO
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY WORK ZONE SAFETY PROJECTS AFTER
DEDUCTING THE EXPENSES NECESSARY TO ADMINISTER SUCH DEMONSTRATION
PROGRAM, PROVIDED, HOWEVER, THAT SUCH FUNDS PROVIDED PURSUANT TO THIS
SUBDIVISION SHALL BE PAYABLE ON THE AUDIT AND WARRANT OF THE COMPTROLLER
AND SHALL ONLY BE USED TO SUPPLEMENT AND NOT SUPPLANT CURRENT EXPENDI-
TURES OF TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FUNDS ON WORK ZONE SAFE-
TY PROJECTS. FOR THE PURPOSES OF THIS SUBDIVISION, "WORK ZONE SAFETY
PROJECTS" SHALL APPLY TO WORK ZONES UNDER THE JURISDICTION OF THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY AND SHALL INCLUDE, BUT NOT BE
LIMITED TO, INSPECTION AND IMPLEMENTATION OF WORK ZONE DESIGN, MAINTE-
NANCE, TRAFFIC PLANS AND MARKINGS, WORKER SAFETY TRAINING, CONTRACTOR
OUTREACH, AND ENFORCEMENT EFFORTS. FOR THE PURPOSES OF THIS SUBDIVISION,
THE TERM "TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY" SHALL MEAN THE NEW
YORK STATE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, A BODY CORPORATE AND
POLITIC CONSTITUTING A PUBLIC BENEFIT CORPORATION CREATED AND CONSTI-
TUTED PURSUANT TO TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES
LAW AND THE TERM "CHAIR" SHALL MEAN THE PRESIDENT OF THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY. ALL FINES, PENALTIES AND FORFEITURES PAID
S. 3008--C 56 A. 3008--C
TO THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION
SHALL BE CREDITED TO THE GENERAL FUND OF SUCH CITY, UNLESS A DIFFERENT
DISPOSITION IS PRESCRIBED BY CHARTER, SPECIAL LAW, LOCAL LAW OR ORDI-
NANCE.
15. WHERE THE CHAIR OF THE NEW YORK STATE BRIDGE AUTHORITY HAS ESTAB-
LISHED A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER
OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUBDIVI-
SION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER,
ANY FINE OR PENALTY COLLECTED BY A COURT, JUDGE, MAGISTRATE OR OTHER
OFFICER FOR AN IMPOSITION OF LIABILITY WHICH OCCURS PURSUANT TO SUCH
PROGRAM SHALL BE PAID TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS
OF THE MONTH FOLLOWING COLLECTION, EXCEPT AS OTHERWISE PROVIDED IN
SUBDIVISION THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW.
EVERY SUCH PAYMENT SHALL BE ACCOMPANIED BY A STATEMENT IN SUCH FORM AND
DETAIL AS THE COMPTROLLER SHALL PROVIDE. NOTWITHSTANDING THE PROVISIONS
OF SUBDIVISION FIVE OF THIS SECTION, EIGHTY PERCENT OF ANY SUCH FINE OR
PENALTY IMPOSED FOR SUCH LIABILITY SHALL BE PAID TO THE BRIDGE AUTHORI-
TY, AND TWENTY PERCENT OF ANY SUCH FINE OR PENALTY SHALL BE PAID TO THE
CITY, TOWN OR VILLAGE IN WHICH THE VIOLATION GIVING RISE TO THE LIABIL-
ITY OCCURRED. WITH RESPECT TO THE PERCENTAGE OF FINES OR PENALTIES PAID
TO THE BRIDGE AUTHORITY, NO LESS THAN SIXTY PERCENT SHALL BE DEDICATED
TO BRIDGE AUTHORITY WORK ZONE SAFETY PROJECTS AFTER DEDUCTING THE
EXPENSES NECESSARY TO ADMINISTER SUCH DEMONSTRATION PROGRAM, PROVIDED,
HOWEVER, THAT SUCH FUNDS PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE
PAYABLE ON THE AUDIT AND WARRANT OF THE COMPTROLLER AND SHALL ONLY BE
USED TO SUPPLEMENT AND NOT SUPPLANT CURRENT EXPENDITURES OF BRIDGE
AUTHORITY FUNDS ON WORK ZONE SAFETY PROJECTS. FOR THE PURPOSES OF THIS
SUBDIVISION, "WORK ZONE SAFETY PROJECTS" SHALL APPLY TO WORK ZONES UNDER
THE JURISDICTION OF THE BRIDGE AUTHORITY AND SHALL INCLUDE, BUT NOT BE
LIMITED TO, INSPECTION AND IMPLEMENTATION OF WORK ZONE DESIGN, MAINTE-
NANCE, TRAFFIC PLANS AND MARKINGS, WORKER SAFETY TRAINING, CONTRACTOR
OUTREACH, AND ENFORCEMENT EFFORTS. FOR THE PURPOSES OF THIS SUBDIVISION,
THE TERM "BRIDGE AUTHORITY" SHALL MEAN THE NEW YORK STATE BRIDGE AUTHOR-
ITY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPO-
RATION CREATED AND CONSTITUTED PURSUANT TO TITLE TWO OF ARTICLE THREE OF
THE PUBLIC AUTHORITIES LAW. ALL FINES, PENALTIES AND FORFEITURES PAID TO
A CITY, TOWN OR VILLAGE PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION
SHALL BE CREDITED TO THE GENERAL FUND OF SUCH CITY, TOWN OR VILLAGE,
UNLESS A DIFFERENT DISPOSITION IS PRESCRIBED BY CHARTER, SPECIAL LAW,
LOCAL LAW OR ORDINANCE.
§ 4. The opening paragraph of section 16 of chapter 421 of the laws of
2021 amending the vehicle and traffic law and the general municipal law
relating to certain notices of liability, is amended to read as follows:
This act shall take effect on the thirtieth day after it shall have
become a law; provided, however, that sections twelve, thirteen, four-
teen and fifteen of this act shall expire and be deemed repealed [5] 10
years after such effective date when upon such date the provisions of
such sections shall be deemed repealed; provided that effective imme-
diately, 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;
and provided further, that:
§ 5. For the purpose of informing and educating owners of motor vehi-
cles in this state, an authority authorized to issue notices of liabil-
ity pursuant to the provisions of paragraphs 2-a and 2-b of subdivision
S. 3008--C 57 A. 3008--C
(a) of section 1180-e of the vehicle and traffic law, as added by
section two of this act, shall, during the first thirty-day period in
which the photo violation monitoring systems are in operation pursuant
to the provisions of this act, issue a written warning in lieu of a
notice of liability to all owners of motor vehicles who would be held
liable for failure of operators thereof to comply with subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of the vehicle and
traffic law in accordance with section eleven hundred eighty-e of the
vehicle and traffic law.
§ 6. This act shall take effect immediately; provided however, that
sections two, three, and five of this act shall take effect on the one
hundred eightieth day after it shall have become a law; provided
further, however, that the amendments to section 1180-e of the vehicle
and traffic law made by sections one and two of this act shall not
affect the repeal of such section and shall expire and be deemed
repealed therewith; and provided further, however, that sections three
and five of this act shall expire and be deemed repealed on the same
date and in the same manner as sections twelve, thirteen, fourteen and
fifteen of chapter 421 of the laws of 2021, as amended. Effective imme-
diately, 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 R
Intentionally Omitted
PART S
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 BB of chapter 58 of the laws of 2024, 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, [2025] 2026 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 T
Section 1. Subdivision 7 of section 2611 of the public authorities
law, as amended by section 1 of part NN of chapter 58 of the laws of
2019, is amended to read as follows:
7. To enter into contracts, leases and subleases and to execute all
instruments necessary or convenient for the conduct of authority busi-
ness, including agreements with the park district and any state agency
which administers, owns or supervises any olympic facility or Belleayre
Mountain ski center, as provided in sections twenty-six hundred twelve
and twenty-six hundred fourteen of this title[, and including contracts
or other agreements to plan, prepare for and host the two thousand twen-
ty-three World University Games to be held in Lake Placid, New York
S. 3008--C 58 A. 3008--C
where such contracts or agreements would obligate the authority to
defend, indemnify and/or insure third parties in connection with, aris-
ing out of, or relating to such games, such authority to be limited by
the amount of any lawful appropriation or other funding such as a
performance bond surety, or other collateral instrument for that
purpose. With respect to the two thousand twenty-three World University
Games, the amount of such appropriation shall be no more than sixteen
million dollars]. THIS SHALL INCLUDE THE POWER TO ENTER INTO CONTRACTS
OR OTHER AGREEMENTS TO JOIN RECIPROCAL SKI PASS PROGRAMS WITH OTHER SKI
AREAS, WHERE THE MEMBERS OF SUCH RECIPROCAL PASS PROGRAM ARE REQUIRED TO
DEFEND AND/OR INDEMNIFY ONE OR MORE OTHER MEMBERS OF SUCH PROGRAM FOR
CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATING TO, SUCH CONTRACT
OR AGREEMENT. THIS POWER SHALL BE LIMITED BY THE AMOUNT OF THE AUTHORI-
TY'S DISCRETIONARY FUNDS, ANY LAWFUL APPROPRIATION, OR OTHER FUNDING, UP
TO A LIMIT OF TWO HUNDRED FIFTY THOUSAND DOLLARS PER SUCH CLAIM OR CAUSE
OF ACTION;
§ 2. This act shall take effect immediately.
PART U
Section 1. The general business law is amended by adding a new article
47 to read as follows:
ARTICLE 47
ARTIFICIAL INTELLIGENCE COMPANION MODELS
SECTION. 1700. DEFINITIONS.
1701. PROHIBITIONS AND REQUIREMENTS.
1702. NOTIFICATIONS.
1703. ENFORCEMENT.
1704. SEVERABILITY.
§ 1700. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "ARTIFICIAL INTELLIGENCE", "ARTIFICIAL INTELLIGENCE TECHNOLOGY", OR
"AI" MEANS A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF HUMAN-DE-
FINED OBJECTIVES, MAKE PREDICTIONS, RECOMMENDATIONS, OR DECISIONS INFLU-
ENCING REAL OR VIRTUAL ENVIRONMENTS, AND THAT USES MACHINE- AND HUMAN-
BASED INPUTS TO PERCEIVE REAL AND VIRTUAL ENVIRONMENTS, ABSTRACT SUCH
PERCEPTIONS INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER, AND USE
MODEL INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR ACTION.
2. "GENERATIVE ARTIFICIAL INTELLIGENCE" MEANS A CLASS OF AI MODELS
THAT EMULATE THE STRUCTURE AND CHARACTERISTICS OF INPUT DATA TO GENERATE
DERIVED SYNTHETIC CONTENT, INCLUDING, BUT NOT LIMITED TO, IMAGES, VIDE-
OS, AUDIO, TEXT, AND OTHER DIGITAL CONTENT.
3. "AI MODEL" MEANS A COMPONENT OF AN INFORMATION SYSTEM THAT IMPLE-
MENTS ARTIFICIAL INTELLIGENCE TECHNOLOGY AND USES COMPUTATIONAL, STATIS-
TICAL, OR MACHINE-LEARNING TECHNIQUES TO PRODUCE OUTPUTS FROM A GIVEN
SET OF INPUTS.
4. (A) "AI COMPANION" MEANS A SYSTEM USING ARTIFICIAL INTELLIGENCE,
GENERATIVE ARTIFICIAL INTELLIGENCE, AND/OR EMOTIONAL RECOGNITION ALGO-
RITHMS DESIGNED TO SIMULATE A SUSTAINED HUMAN OR HUMAN-LIKE RELATIONSHIP
WITH A USER BY:
(I) RETAINING INFORMATION ON PRIOR INTERACTIONS OR USER SESSIONS AND
USER PREFERENCES TO PERSONALIZE THE INTERACTION AND FACILITATE ONGOING
ENGAGEMENT WITH THE AI COMPANION;
(II) ASKING UNPROMPTED OR UNSOLICITED EMOTION-BASED QUESTIONS THAT GO
BEYOND A DIRECT RESPONSE TO A USER PROMPT; AND
S. 3008--C 59 A. 3008--C
(III) SUSTAINING AN ONGOING DIALOGUE CONCERNING MATTERS PERSONAL TO
THE USER.
(B) HUMAN RELATIONSHIPS INCLUDE, BUT SHALL NOT BE LIMITED TO, INTI-
MATE, ROMANTIC OR PLATONIC INTERACTIONS OR COMPANIONSHIP.
(C) "AI COMPANION" SHALL NOT INCLUDE:
(I) ANY SYSTEM USED BY A BUSINESS ENTITY SOLELY FOR CUSTOMER SERVICE
OR TO STRICTLY PROVIDE USERS WITH INFORMATION ABOUT AVAILABLE COMMERCIAL
SERVICES OR PRODUCTS PROVIDED BY SUCH ENTITY, CUSTOMER SERVICE ACCOUNT
INFORMATION, OR OTHER INFORMATION STRICTLY RELATED TO ITS CUSTOMER
SERVICE;
(II) ANY SYSTEM THAT IS PRIMARILY DESIGNED AND MARKETED FOR PROVIDING
EFFICIENCY IMPROVEMENTS OR, RESEARCH OR TECHNICAL ASSISTANCE; OR
(III) ANY SYSTEM USED BY A BUSINESS ENTITY SOLELY FOR INTERNAL
PURPOSES OR EMPLOYEE PRODUCTIVITY.
5. "OPERATOR" MEANS ANY PERSON, PARTNERSHIP, ASSOCIATION, FIRM, OR
BUSINESS ENTITY, OR ANY MEMBER, AFFILIATE, SUBSIDIARY OR BENEFICIAL
OWNER OF ANY PARTNERSHIP, ASSOCIATION, FIRM, OR BUSINESS ENTITY WHO
OPERATES FOR OR PROVIDES AN AI COMPANION TO A USER.
6. "PERSON" MEANS ANY NATURAL PERSON.
7. "EMOTIONAL RECOGNITION ALGORITHMS" MEANS ARTIFICIAL INTELLIGENCE
THAT DETECTS AND INTERPRETS HUMAN EMOTIONAL SIGNALS IN TEXT (USING
NATURAL LANGUAGE PROCESSING AND SENTIMENT ANALYSIS), AUDIO (USING VOICE
EMOTION AI), VIDEO (USING FACIAL MOVEMENT ANALYSIS, GAIT ANALYSIS, OR
PHYSIOLOGICAL SIGNALS), OR A COMBINATION THEREOF.
8. "USER" MEANS ANY PERSON WHO USES AN AI COMPANION FOR PERSONAL USE
WITHIN THE STATE AND WHO IS NOT AN OPERATOR OR AGENT OR AFFILIATE OF THE
OPERATOR OF THE AI COMPANION.
9. "SELF-HARM" MEANS INTENTIONAL SELF-INJURY WITH OR WITHOUT THE
INTENT TO CAUSE DEATH.
§ 1701. PROHIBITIONS AND REQUIREMENTS. IT SHALL BE UNLAWFUL FOR ANY
OPERATOR TO OPERATE FOR OR PROVIDE AN AI COMPANION TO A USER UNLESS SUCH
AI COMPANION CONTAINS A PROTOCOL TO TAKE REASONABLE EFFORTS FOR DETECT-
ING AND ADDRESSING SUICIDAL IDEATION OR EXPRESSIONS OF SELF-HARM
EXPRESSED BY A USER TO THE AI COMPANION, THAT INCLUDES BUT IS NOT LIMIT-
ED TO, DETECTION OF USER EXPRESSIONS OF SUICIDAL IDEATION OR SELF-HARM,
AND A NOTIFICATION TO THE USER THAT REFERS THEM TO CRISIS SERVICE
PROVIDERS SUCH AS THE 9-8-8 SUICIDE PREVENTION AND BEHAVIORAL HEALTH
CRISIS HOTLINE UNDER SECTION 36.03 OF THE MENTAL HYGIENE LAW, A CRISIS
TEXT LINE, OR OTHER APPROPRIATE CRISIS SERVICES UPON DETECTION OF SUCH
USER'S EXPRESSIONS OF SUICIDAL IDEATION OR SELF-HARM.
§ 1702. NOTIFICATIONS. AN OPERATOR SHALL PROVIDE A CLEAR AND CONSPICU-
OUS NOTIFICATION TO A USER AT THE BEGINNING OF ANY AI COMPANION INTER-
ACTION WHICH NEED NOT EXCEED ONCE PER DAY AND AT LEAST EVERY THREE HOURS
FOR CONTINUING AI COMPANION INTERACTIONS WHICH STATES EITHER VERBALLY OR
IN WRITING THAT THE USER IS NOT COMMUNICATING WITH A HUMAN.
§ 1703. ENFORCEMENT. 1. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE
FROM EVIDENCE SATISFACTORY TO THEM THAT AN OPERATOR HAS ENGAGED IN OR IS
ABOUT TO ENGAGE IN ANY OF THE ACTS OR PRACTICES STATED TO BE UNLAWFUL IN
THIS ARTICLE OR IN VIOLATION OF SECTION SEVENTEEN HUNDRED ONE OR SEVEN-
TEEN HUNDRED TWO OF THIS ARTICLE, THEY MAY BRING AN ACTION IN THE NAME
AND ON BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK TO ENJOIN AN OPERA-
TOR FROM CONTINUING SUCH UNLAWFUL ACTS OR PRACTICES, AND MAY SEEK CIVIL
PENALTIES OF UP TO FIFTEEN THOUSAND DOLLARS PER DAY FOR A VIOLATION
UNDER SECTION SEVENTEEN HUNDRED ONE OR SEVENTEEN HUNDRED TWO OF THIS
ARTICLE, AND MAY SEEK SUCH OTHER REMEDIES AS THE COURT MAY DEEM APPRO-
PRIATE.
S. 3008--C 60 A. 3008--C
2. ALL FEES, FINES AND PENALTIES COLLECTED UNDER THIS ARTICLE SHALL BE
DEPOSITED INTO THE SUICIDE PREVENTION FUND AS ESTABLISHED PURSUANT TO
SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW.
§ 1704. 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
THAT THIS ACT WOULD HAVE BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS
HAD NOT BEEN INCLUDED HEREIN.
§ 2. The state finance law is amended by adding a new section 99-ss to
read as follows:
§ 99-SS. SUICIDE PREVENTION FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE COMPTROLLER, THE COMMISSIONER OF TAXATION AND
FINANCE, AND THE OFFICE OF MENTAL HEALTH, A FUND, TO BE KNOWN AS THE
"SUICIDE PREVENTION FUND".
2. SUCH FUND SHALL CONSIST OF MONEYS REQUIRED TO BE DEPOSITED THERETO
PURSUANT TO ARTICLE FORTY-SEVEN OF THE GENERAL BUSINESS LAW AND ALL
OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY
OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
3. MONEYS OF THE FUND SHALL BE MADE AVAILABLE TO THE OFFICE OF MENTAL
HEALTH FOR INITIATIVES SUPPORTING SUICIDE PREVENTION, EDUCATION, AND
AWARENESS.
4. THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH SHALL INCLUDE IN
ITS WRITTEN REPORT PURSUANT TO SUBDIVISION (G) OF SECTION 7.07 OF THE
MENTAL HYGIENE LAW HOW THE MONEYS OF THE FUND WERE UTILIZED DURING THE
PRECEDING FISCAL YEAR, AND SHALL INCLUDE:
(A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(B) RECIPIENTS OF AWARDS FROM THE FUND;
(C) THE AMOUNT AWARDED TO EACH; AND
(D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART V
Section 1. The article heading of article 12-B of the general business
law, as added by chapter 1005 of the laws of 1960, is amended to read as
follows:
ONLINE RETAILERS AND MERCANTILE ESTABLISHMENTS
§ 2. The section heading of section 217 of the general business law,
as amended by chapter 278 of the laws of 2009, is amended and a new
subdivision 3 is added to read as follows:
[Definition] DEFINITIONS.
3. "ONLINE RETAILER" SHALL MEAN A SELLER OF GOODS, WARES OR MERCHAN-
DISE, PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, EXCLUDING
USED GOODS, WHO OFFERS TO CONSUMERS IN NEW YORK SUCH ITEMS FOR SALE
ONLINE THROUGH A WEBSITE, MOBILE APPLICATION OR OTHER ONLINE PLATFORM.
"ONLINE RETAILER" SHALL NOT INCLUDE AN ONLINE MARKETPLACE WHERE SUCH
MARKETPLACE IS NOT THE SELLER.
S. 3008--C 61 A. 3008--C
§ 3. Subdivisions 1, 2 and 3 section 218-a of the general business
law, as amended by chapter 278 of the laws of 2009, are amended to read
as follows:
1. Every retail mercantile establishment AND ONLINE RETAILER shall
conspicuously post, in the following manner, its refund policy as to all
goods, wares or merchandise offered to the public for sale:
(a) on a sign attached to the item itself; or
(b) on a sign affixed to each cash register or point of sale; or
(c) on a sign so situated as to be clearly visible to the buyer from
the cash register; or
(d) on a sign posted at each store entrance used by the public; OR
(E) IN CASE OF AN ONLINE RETAILER, BY A NOTICE DISPLAYED OR MADE
ACCESSIBLE BY HYPERLINK NEAR THE ITEM ITSELF OR BY A NOTICE DISPLAYED TO
OR MADE ACCESSIBLE BY HYPERLINK BY THE CONSUMER PRIOR TO REQUESTING
BILLING INFORMATION.
2. The sign, required by subdivision one of this section to be posted
in every retail mercantile establishment, AND NOTICE REQUIRED BY SUBDI-
VISION ONE OF THIS SECTION, shall (a) state whether or not it is the
policy of such establishment OR ONLINE RETAILER to give refunds and, if
so, under what conditions, including but not limited to whether a refund
will be given:
(i) on merchandise which had been advertised as "sale" merchandise or
marked "as is;"
(ii) on merchandise for which no proof of purchase exists;
(iii) at any time or not beyond a point in time specified;
(iv) in cash, or as credit or store credit only; or
(v) subject to any fees, including a restocking fee, and the dollar or
percentage amount of each fee; and
(b) advise consumers that they are entitled to a written copy of the
store's refund policy upon request.
3. Enforcement. Any retail mercantile establishment OR ONLINE RETAILER
which violates any provision of this section shall be liable, for a
period of up to thirty days from the date of purchase, to the buyer for
a cash refund or a credit, at the buyer's option, provided that the
merchandise has not been used or damaged by the buyer and the buyer can
verify the date of the purchase with a receipt or any other purchase
verification method utilized by the retail merchant.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART W
Section 1. Subdivisions 2, 3, 4 and 5 of section 527 of the general
business law, as added by chapter 267 of the laws of 2020, are amended
to read as follows:
2. ["Automatic renewal offer terms" means the following clear and
conspicuous disclosures:
a. that the subscription or purchasing agreement will continue until
the consumer cancels;
b. the description of the cancellation policy that applies to the
offer;
c. the recurring charges that will be charged to the consumer's credit
or debit card or payment account with a third party as part of the auto-
matic renewal plan or arrangement, and that the amount of the charge may
change, if that is the case, and the amount to which the charge will
change, if known;
S. 3008--C 62 A. 3008--C
d. the length of the automatic renewal term or that the service is
continuous, unless the length of the term is chosen by the consumer; and
e. the minimum purchase obligation, if any.
3.] "Clear and conspicuous" means in larger type than the surrounding
text, or in contrasting type, font, or color to the surrounding text of
the same size, or set off from the surrounding text of the same size by
symbols or other marks, in a manner that clearly calls attention to the
language. In the case of an audio disclosure, "clear and conspicuous"
means in a volume and cadence sufficient to be readily audible and
understandable.
[4.] 3. "Consumer" means any individual who seeks or acquires, by
purchase or lease, any goods, services, money, or credit for personal,
family, or household purposes.
[5.] 4. "Continuous service" means a plan or arrangement in which a
subscription or purchasing agreement continues until the consumer
cancels the service.
§ 2. Section 527-a of the general business law, as added by chapter
267 of the laws of 2020, subdivisions 3 and 8 as amended by chapter 728
of the laws of 2023, is amended to read as follows:
§ 527-a. Unlawful practices. 1. It shall be unlawful for any business
making an automatic renewal or continuous service offer to a consumer in
this state to [do any of the following]:
a. fail to present TO THE CONSUMER, IN A CLEAR AND CONSPICUOUS MANNER,
the MATERIAL TERMS OF ANY automatic renewal offer [terms] or continuous
service offer [terms in a clear and conspicuous manner], INCLUDING BUT
NOT LIMITED TO A DESCRIPTION OF THE PRODUCT OR SERVICE SUBJECT TO
RENEWAL, THE AMOUNT OF THE COSTS THAT WILL BE CHARGED, THE FREQUENCY OF
CHARGES, THE DEADLINE BY DATE OR FREQUENCY BY WHICH THE CONSUMER MUST
ACT TO PREVENT OR STOP FURTHER CHARGES, AND CANCELLATION MECHANISMS
DESCRIBED IN PARAGRAPHS D AND D-1 OF THIS SUBDIVISION, before CONSENT TO
the [subscription or purchasing agreement is fulfilled] OFFER OR BILLING
INFORMATION HAS BEEN REQUESTED and in visual proximity, or in the case
of an offer conveyed by voice, in temporal proximity, to the request for
consent to the offer. If the offer also includes a free gift or trial,
OR THE PRICE IS TEMPORARY, the offer shall include a clear and conspicu-
ous explanation of HOW AND WHEN THE PRICE WILL CHANGE AND the price OR
PRICES that will SUBSEQUENTLY be charged [after the trial ends or the
manner in which the subscription or purchasing agreement pricing will
change upon conclusion of the trial] TO THE CONSUMER;
b. charge the [consumer's credit or debit card] CONSUMER or the
consumer's account with a third party for THE INITIAL TERM OF an auto-
matic renewal or continuous service without first obtaining the consum-
er's affirmative consent to the agreement containing the THE TERMS OF
automatic renewal offer [terms] or continuous service offer [terms],
including the terms of an automatic renewal offer or continuous service
offer that is made at a promotional or discounted price for a limited
period of time; [or]
B-1. CHARGE THE CONSUMER OR THE CONSUMER'S ACCOUNT WITH A THIRD PARTY
FOLLOWING AN INCREASE IN PRICE, OR A PRICE HIGHER THAN WHAT WAS
DISCLOSED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, RELATING TO AN
AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER TO WHICH THE CONSUMER
PREVIOUSLY CONSENTED, WITHOUT EITHER: (I) FIRST OBTAINING THE CONSUMER'S
AFFIRMATIVE CONSENT TO SUCH INCREASED PRICE; OR (II) ALLOWING THE
CONSUMER TO CANCEL SUCH AUTOMATIC RENEWAL OR CONTINUOUS SERVICE ANYTIME
WITHIN, AT LEAST, FOURTEEN DAYS AFTER SUCH CHARGE AND REFUND THE CONSUM-
ER IN THE AMOUNT EQUIVALENT TO THE PRICE OF THE REMAINING TERM OF THE
S. 3008--C 63 A. 3008--C
SERVICE, AT THE TIME OF SUCH CANCELLATION, ON A PRO RATA BASIS. THE
PROVISIONS OF THIS PARAGRAPH SHALL NOT BE CONSTRUED TO REQUIRE ANY BUSI-
NESS TO OBTAIN AFFIRMATIVE CONSENT FROM THE CONSUMER REGARDING A PRICE
INCREASE, OR A PRICE INCREASE NOT DISCLOSED PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION, MORE THAN ONCE PRIOR TO CHARGING THE CONSUMER SUCH
INCREASED PRICE;
c. fail to provide [an acknowledgment that includes the automatic
renewal or continuous service offer terms, cancellation policy, and
information regarding how to cancel in a manner that is capable of being
retained by the consumer. If the offer includes a free gift or trial,
the business shall also disclose in the acknowledgment how to cancel and
allow the consumer to cancel before the consumer pays for the goods or
services.] A NOTICE PROMPTLY FOLLOWING AFFIRMATIVE CONSENT, IN A MANNER
THAT IS CAPABLE OF BEING RETAINED BY THE CONSUMER. SUCH NOTICE SHALL
INCLUDE:
(I) THE TERMS OF THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE AGREE-
MENT;
(II) THE AMOUNT OF COSTS THAT WILL BE CHARGED;
(III) THE FREQUENCY OF CHARGES;
(IV) THE DEADLINE BY DATE OR FREQUENCY BY WHICH THE CONSUMER MUST ACT
TO PREVENT OR STOP FURTHER CHARGES; AND
(V) THE CANCELLATION MECHANISMS, AS DESCRIBED IN PARAGRAPHS D AND D-1
OF THIS SUBDIVISION;
D. FAIL TO PROVIDE THE CONSUMER WITH THE OPTION TO CANCEL AT ANY TIME
USING A SIMPLE CANCELLATION MECHANISM THAT IS AS EASY TO USE AS THE
MECHANISM THAT THE CONSUMER USED TO PROVIDE CONSENT AND THAT IS THROUGH
THE SAME MEDIUM THAT THE CONSUMER USED TO PROVIDE CONSENT;
D-1. FAIL TO PROVIDE THE CONSUMER WITH THE OPTION TO CANCEL, AT ANY
TIME THROUGH ALL MEDIUMS BY WHICH THE BUSINESS ALLOWS A CONSUMER TO
PROVIDE AFFIRMATIVE CONSENT TO, THE AUTOMATIC RENEWAL, CONTINUOUS
SERVICE OFFER, OR ANY PRICE INCREASE. PROVIDED FURTHER THAT, WHERE
CONSENT WAS OBTAINED IN PERSON, IN ADDITION TO OFFERING CANCELLATION,
WHERE PRACTICAL VIA AN IN-PERSON METHOD SIMILAR TO THAT THE USER USED TO
CONSENT, THE BUSINESS SHALL AT LEAST OFFER CANCELLATION THROUGH AN
ONLINE MECHANISM OR OVER A TELEPHONE NUMBER;
E. IMPOSE UNREASONABLE OR UNLAWFUL CONDITIONS UPON, REFUSE TO ACKNOWL-
EDGE, OBSTRUCT OR UNREASONABLY DELAY CANCELLATION REQUESTED OR ATTEMPTS
TO REQUEST CANCELLATION BY A CONSUMER. PROVIDED FURTHER THAT:
(I) UNREASONABLE OR UNLAWFUL CONDITIONS INCLUDE, BUT WITHOUT LIMITA-
TION, HANGING UP ON CONSUMERS WHO CALL TO CANCEL, PROVIDING FALSE INFOR-
MATION ABOUT HOW TO CANCEL, MISREPRESENTING THE CONSEQUENCES OR COSTS OF
CANCELLATION, OR MISREPRESENTING THE REASONS FOR DELAYS IN PROCESSING
CONSUMERS' CANCELLATION REQUESTS; AND
(II) IF A CONSUMER CONVEYS A REQUEST TO CANCEL, THE BUSINESS MAY PRES-
ENT THE CONSUMER WITH A DISCOUNTED OFFER, RETENTION BENEFIT OR INFORMA-
TION REGARDING THE EFFECT OF CANCELLATION BUT MAY NOT IMPOSE UNREASON-
ABLE OR UNLAWFUL CONDITIONS UPON CONSUMER'S ABILITY TO CANCEL, REFUSE TO
ACKNOWLEDGE, OBSTRUCT OR UNREASONABLY DELAY CANCELLATION REQUESTED;
[2. A business that makes an automatic renewal offer or continuous
service offer shall provide a toll-free telephone number, electronic
mail address, a postal address only when the seller directly bills the
consumer, or another cost-effective, timely, and easy-to-use mechanism
for cancellation that shall be described in the acknowledgment specified
in paragraph c of subdivision one of this section.
3. a. In addition to the requirements of subdivision two of this
section, a consumer who accepts an automatic renewal or continuous
S. 3008--C 64 A. 3008--C
service offer online shall be allowed to terminate the automatic renewal
or continuous service exclusively online, which may include a termi-
nation email formatted and provided by the business that a consumer can
send to the business without additional information.
b. A business that allows a consumer to accept an automatic renewal or
continuous service offer for an initial paid term of one year or longer,
provided that such automatic renewal or continuous service renews for a
paid term of six months or longer, shall] F. FAIL TO notify [such] A
consumer of [such upcoming] AN automatic renewal or continuous service
charge [to such consumer's account] FOR AN AUTOMATIC RENEWAL OR CONTIN-
UOUS SERVICE OFFER WITH AN INITIAL PAID TERM OF ONE YEAR OR LONGER,
PROVIDED THAT SUCH AUTOMATIC RENEWAL OR CONTINUOUS SERVICE RENEWS FOR A
PAID TERM OF SIX MONTHS OR LONGER, at least fifteen days before, but not
more than forty-five days before, the cancellation deadline for such
automatic renewal[. Such notice shall include instructions on how to
cancel such renewal charge.
c. The provisions of paragraph b of this subdivision shall not apply
to any business, or subsidiary or affiliate thereof, regulated by the
public service commission or the federal communications commission.
4. In the case of a material change in the terms of the automatic
renewal or continuous service offer that has been accepted by a consumer
in this state, the business shall] IN THE MANNER SELECTED BY THE CONSUM-
ER, INCLUDING TEXT, EMAIL, APP NOTIFICATION OR ANY OTHER NOTIFICATION
CHANNEL OFFERED BY THE BUSINESS. SUCH NOTICE SHALL INCLUDE INSTRUCTIONS
ON HOW TO CANCEL SUCH RENEWAL CHARGE;
G. FAIL TO provide [the] A consumer WHO HAS ACCEPTED AN AUTOMATIC
RENEWAL OR CONTINUOUS SERVICE OFFER with a clear and conspicuous notice
of [the] ANY material change [and provide information regarding how to
cancel in a manner that is capable of being retained by the consumer.
5. The requirements of this article shall apply only prior to the
completion of the initial order for the automatic renewal or continuous
service, except as follows:
a. The requirement in paragraph c of subdivision one of this section
may be fulfilled after completion of the initial order.
b. The requirement in subdivision four of this section shall be
fulfilled prior to implementation of the material change.
6.] TO THE TERMS OF THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER,
INCLUDING ANY PRICE INCREASES, AT LEAST FIVE BUSINESS DAYS PRIOR, BUT NO
MORE THAN THIRTY DAYS PRIOR, TO THE DATE OF THE CHANGE, IN THE SAME
MANNER AS REQUIRED BY PARAGRAPH F OF THIS SUBDIVISION; OR
H. FAIL TO NOTIFY A CONSUMER OF AN AUTOMATIC RENEWAL OR CONTINUOUS
SERVICE CHARGE FOR AN AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER IF
THE AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER INCLUDES A FREE GIFT
OR TRIAL FOR A PERIOD OF MORE THAN A MONTH, FOLLOWED BY AN UPCOMING
AUTOMATIC RENEWAL OR CONTINUOUS SERVICE CHARGE, AT LEAST THREE DAYS
BEFORE BUT NOT MORE THAN TWENTY-ONE DAYS BEFORE THE CANCELLATION DEAD-
LINE FOR THE FIRST CHARGEABLE PERIOD IN THE MANNER SELECTED BY THE
CONSUMER, INCLUDING TEXT, EMAIL, APP NOTIFICATION OR ANY OTHER NOTIFICA-
TION CHANNEL OFFERED BY THE BUSINESS. SUCH NOTICE SHALL INCLUDE
INSTRUCTIONS ON HOW TO CANCEL SUCH RENEWAL CHARGE.
2. In any case in which a business sends any goods, wares, merchan-
dise, or products to a consumer, under a continuous service agreement or
automatic renewal of a purchase, without first obtaining the consumer's
affirmative consent, the goods, wares, merchandise, or products shall
for all purposes be deemed an unconditional gift to the consumer, who
may use or dispose of the same in any manner [he or she] SUCH CONSUMER
S. 3008--C 65 A. 3008--C
sees fit without any obligation whatsoever on the consumer's part to the
business, including, but not limited to, bearing the cost of, or respon-
sibility for, shipping any goods, wares, merchandise, or products to the
business.
[7.] 3. Whenever there shall be a violation of this section, an appli-
cation may be made by the attorney general in the name of the people of
the state of New York to a court or justice having jurisdiction to issue
an injunction, and upon notice to the defendant of not less than five
days, to enjoin and restrain the continuance of such violations; and if
it shall appear to the satisfaction of the court or justice that the
defendant has in fact, violated this section, an injunction may be
issued by such court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact, been
injured or damaged thereby. In any such proceeding the court may make
allowances to the attorney general as provided in section eighty-three
hundred three of the civil practice law and rules, and direct restitu-
tion. In connection with any such proposed application, the attorney
general is authorized to take proof and make a determination of the
relevant facts and to issue subpoenas in accordance with the civil prac-
tice law and rules. Whenever the court shall determine that a violation
of this section has occurred, the court may impose a civil penalty of
not more than one hundred dollars for a single violation and not more
than five hundred dollars for multiple violations resulting from a
single act or incident. A knowing violation of this section shall be
punishable by a civil penalty of not more than five hundred dollars for
a single violation and not more than one thousand dollars for multiple
violations resulting from a single act or incident. No business shall be
deemed to have violated the provisions of this section if such business
shows, by a preponderance of the evidence, that the violation was not
intentional and resulted from a bona fide error made notwithstanding the
maintenance of procedures reasonably adopted to avoid such error.
[8.] 4. The following are exempt from the requirements of this arti-
cle:
a. any service provided by a business or its affiliate where either
the business or its affiliate is doing business pursuant to a franchise
issued by a political subdivision of the state;
b. any entity, or subsidiary or affiliate thereof, regulated by the
department of financial services;
c. security system alarm operators;
d. banks, bank holding companies, or the subsidiary or affiliate of
either, or credit unions or other financial institutions, licensed under
state or federal law; and
e. sellers and administrators of a service contract, as defined pursu-
ant to section seven thousand nine hundred two of the insurance law.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART X
Section 1. Section 349-a of the general business law is renumbered
349-h and a new section 349-a is added to read as follows:
§ 349-A. PRICING. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ALGORITHM" MEANS A COMPUTATIONAL AUTOMATED PROCESS THAT USES A
SET OF RULES TO DEFINE A SEQUENCE OF OPERATIONS.
S. 3008--C 66 A. 3008--C
(B) "CLEAR AND CONSPICUOUS DISCLOSURE" MEANS DISCLOSURE IN THE SAME
MEDIUM AS, AND PROVIDED ON, AT, OR NEAR AND CONTEMPORANEOUS WITH EVERY
ADVERTISEMENT, DISPLAY, IMAGE, OFFER OR ANNOUNCEMENT OF A PRICE FOR
WHICH NOTICE IS REQUIRED, USING LETTERING AND WORDING THAT IS EASILY
VISIBLE AND UNDERSTANDABLE TO THE AVERAGE CONSUMER.
(C) "CONSUMER" MEANS A NATURAL PERSON WHO IS SEEKING OR SOLICITED TO
PURCHASE, LEASE OR RECEIVE A GOOD OR SERVICE FOR PERSONAL, FAMILY OR
HOUSEHOLD USE.
(D) "PERSONAL DATA" MEANS ANY DATA THAT IDENTIFIES OR COULD REASONABLY
BE LINKED, DIRECTLY OR INDIRECTLY, WITH A SPECIFIC CONSUMER OR DEVICE.
"PERSONAL DATA" SHALL NOT INCLUDE LOCATION DATA THAT IS USED BY A FOR-
HIRE VEHICLE AS DEFINED IN SECTION 19-502 OF THE ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK OR AS OTHERWISE DEFINED IN LOCAL LAW OR RULE, OR A
TRANSPORTATION NETWORK COMPANY VEHICLE AS DEFINED IN SECTION SIXTEEN
HUNDRED NINETY-ONE OF THE VEHICLE AND TRAFFIC LAW, SOLELY TO CALCULATE
THE FARE BASED ON MILEAGE AND TRIP DURATION BETWEEN THE PASSENGER'S
PICKUP AND DROP-OFF LOCATIONS.
(E) "DYNAMIC PRICING" MEANS PRICING THAT FLUCTUATES DEPENDENT ON
CONDITIONS.
(F) "PERSONALIZED ALGORITHMIC PRICING" MEANS DYNAMIC PRICING SET BY AN
ALGORITHM THAT USES PERSONAL DATA AS DEFINED IN THIS SECTION.
(G) "ENTITY" MEANS ANY NATURAL PERSON, FIRM, ORGANIZATION, PARTNER-
SHIP, ASSOCIATION, CORPORATION, OR ANY OTHER ENTITY DOMICILED OR DOING
BUSINESS IN NEW YORK STATE.
2. ANY ENTITY THAT SETS THE PRICE OF A SPECIFIC GOOD OR SERVICE USING
PERSONALIZED ALGORITHMIC PRICING, AND THAT DIRECTLY OR INDIRECTLY,
ADVERTISES, PROMOTES, LABELS OR PUBLISHES A STATEMENT, DISPLAY, IMAGE,
OFFER OR ANNOUNCEMENT OF PERSONALIZED ALGORITHMIC PRICING TO A CONSUMER
IN NEW YORK, USING PERSONAL DATA SPECIFIC TO SUCH CONSUMER, SHALL
INCLUDE WITH SUCH STATEMENT, DISPLAY, IMAGE, OFFER OR ANNOUNCEMENT, A
CLEAR AND CONSPICUOUS DISCLOSURE THAT STATES:
"THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA".
3. EXCEPTIONS. NOTHING IN THIS SECTION SHALL APPLY TO:
(A) A PERSON, FIRM, PARTNERSHIP, ASSOCIATION, OR CORPORATION, OR AGENT
OR EMPLOYEE THEREOF, WHO OR THAT IS SUBJECT TO THE INSURANCE LAW OR
REGULATIONS PROMULGATED THEREUNDER.
(B) ANY FINANCIAL INSTITUTION OR AFFILIATE OF A FINANCIAL INSTITUTION,
ALL AS DEFINED IN 15 U.S.C. 6809, TO THE EXTENT THAT THE FINANCIAL
INSTITUTION OR AFFILIATE IS SUBJECT TO TITLE V OF THE GRAMM LEACH BLILEY
ACT (15 U.S.C. § 6801, ET SEQ., AS AMENDED) AND THE RULES AND IMPLEMENT-
ING REGULATIONS PROMULGATED THEREUNDER.
(C) A FINANCIAL INSTITUTION AS DEFINED IN SUBSECTION (F) OF SECTION
EIGHT HUNDRED ONE OF THE FINANCIAL SERVICES LAW.
(D) A PRICE THAT IS OFFERED TO A CONSUMER WHO HAS AN EXISTING
SUBSCRIPTION-BASED CONTRACT OR SUBSCRIPTION-BASED AGREEMENT FOR GOODS OR
SERVICES WITH AN ENTITY AND WHERE SUCH PRICE IS LESS THAN THE PRICE FOR
THE SAME GOOD OR SERVICE SET FORTH IN THE SUBSCRIPTION-BASED AGREEMENT
OR SUBSCRIPTION-BASED CONTRACT.
4. WHERE THE ATTORNEY GENERAL SHALL HAVE REASON TO BELIEVE THAT THERE
IS AN ALLEGED VIOLATION OF THIS SECTION BASED UPON, AMONG OTHER THINGS,
A CONSUMER REPORT OF AN ALLEGED VIOLATION, THE ATTORNEY GENERAL, IN THE
NAME OF THE PEOPLE OF THE STATE OF NEW YORK, SHALL DISPATCH A CEASE AND
DESIST LETTER TO THE ENTITY AT ISSUE, SPECIFYING THE ALLEGED VIOLATION
OR VIOLATIONS AND THE REMEDIES TO CURE THE VIOLATIONS WITHIN A DESIG-
NATED TIMELINE. WHERE, AFTER RECEIPT OF THE CEASE AND DESIST LETTER AND
THE EXPIRATION OF SUCH DESIGNATED TIMELINE, THE ENTITY CONTINUES TO
S. 3008--C 67 A. 3008--C
VIOLATE THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL
IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE
HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND
UPON NOTICE TO THE RESPONDENT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE THAT THE RESPONDENT HAS, IN
FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT
OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT
REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
THEREBY. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION.
THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT ANY OTHER CRIMINAL OR
CIVIL LIABILITY SUCH ENTITY MAY BE SUBJECT TO UNDER LAW.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART Y
Section 1. The banking law is amended by adding a new article 14-B to
read as follows:
ARTICLE 14-B
BUY-NOW-PAY-LATER LENDERS
SECTION 735. SHORT TITLE.
736. DEFINITIONS.
737. LICENSE OR AUTHORIZATION.
738. CONDITIONS PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
APPLICATION IS DENIED.
739. LICENSE PROVISIONS AND POSTING.
740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
LENDER BY PURCHASE OF STOCK.
741. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE.
742. SUPERINTENDENT AUTHORIZED TO EXAMINE.
743. LICENSEE'S BOOKS AND RECORDS; REPORTS.
744. ACTS PROHIBITED.
745. INTEREST AND OTHER CHARGES.
746. CONSUMER PROTECTIONS.
747. AUTHORITY OF SUPERINTENDENT.
748. PENALTIES.
749. SEVERABILITY.
§ 735. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "BUY-NOW-PAY-LATER ACT".
§ 736. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "AUTHORIZED BUY-NOW-PAY-LATER LENDER" MEANS A BUY-NOW-PAY-LATER
LENDER AUTHORIZED BY THE SUPERINTENDENT PURSUANT TO SUBDIVISION TWO OF
SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS ARTICLE.
2. "CONSUMER" MEANS AN INDIVIDUAL WHO IS A RESIDENT OF THE STATE OF
NEW YORK.
3. "BUY-NOW-PAY-LATER LOAN" MEANS CLOSED-END CREDIT PROVIDED TO A
CONSUMER IN CONNECTION WITH SUCH CONSUMER'S PARTICULAR PURCHASE OF GOODS
AND/OR SERVICES, OTHER THAN A MOTOR VEHICLE AS DEFINED UNDER SECTION ONE
HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW. A "BUY-NOW-PAY-LATER
LOAN" DOES NOT INCLUDE CREDIT WHERE THE CREDITOR IS THE SELLER OF SUCH
GOODS AND/OR SERVICES, UNLESS IT IS CREDIT PURSUANT TO AN AGREEMENT
WHEREBY, AT A CONSUMER'S REQUEST, THE CREDITOR PURCHASES A SPECIFIC GOOD
S. 3008--C 68 A. 3008--C
AND/OR SERVICE FROM A SELLER AND RESELLS SUCH SPECIFIC GOOD AND/OR
SERVICE TO SUCH CONSUMER ON CLOSED-END CREDIT. A "BUY-NOW-PAY-LATER
LOAN" SHALL INCLUDE THE FOLLOWING CATEGORIES OF SUCH LOANS:
(A) "BUY-NOW-PAY-LATER ZERO-INTEREST LOAN" MEANS A BUY-NOW-PAY-LATER
LOAN PAYABLE IN ONE OR MORE INSTALLMENTS WITHOUT ANY INTEREST OR FINANCE
CHARGE;
(B) "BUY-NOW-PAY-LATER INSTALLMENT LOAN" MEANS A BUY-NOW-PAY-LATER
LOAN WITH EITHER INTEREST OR FINANCE CHARGES OR BOTH; AND
(C) ANY OTHER SUBSET OF BUY-NOW-PAY-LATER LOANS THE SUPERINTENDENT MAY
CLASSIFY AS A SEPARATE CATEGORY BY REGULATION.
4. "BUY-NOW-PAY-LATER LENDER" MEANS A PERSON WHO OFFERS BUY-NOW-PAY-
LATER LOANS IN THIS STATE. FOR PURPOSES OF THE PRECEDING SENTENCE,
"OFFER" MEANS OFFERING TO MAKE A BUY-NOW-PAY-LATER LOAN BY EXTENDING
CREDIT DIRECTLY TO A CONSUMER OR OPERATING A PLATFORM, SOFTWARE OR
SYSTEM WITH WHICH A CONSUMER INTERACTS AND THE PRIMARY PURPOSE OF WHICH
IS TO ALLOW THIRD PARTIES TO OFFER BUY-NOW-PAY-LATER LOANS, OR BOTH. A
PERSON SHALL NOT BE CONSIDERED A BUY-NOW-PAY-LATER LENDER ON THE BASIS
OF ISOLATED, INCIDENTAL OR OCCASIONAL TRANSACTIONS WHICH OTHERWISE MEET
THE DEFINITIONS OF THIS SECTION.
5. "EXEMPT ORGANIZATION" MEANS ANY NATIONAL BANK, FEDERAL SAVINGS
BANK, FEDERAL SAVINGS AND LOAN ASSOCIATION, FEDERAL CREDIT UNION, FEDER-
AL TRUST COMPANY, OR FOREIGN BANKING CORPORATION LICENSED BY THE COMP-
TROLLER OF THE CURRENCY TO TRANSACT BUSINESS IN THIS STATE.
6. "LICENSEE" MEANS A PERSON WHO HAS BEEN ISSUED A LICENSE UNDER THIS
ARTICLE.
7. "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSOCIATION
OR ANY OTHER BUSINESS ORGANIZATION.
§ 737. LICENSE OR AUTHORIZATION. 1. NO PERSON OR OTHER ENTITY, EXCEPT
AN EXEMPT ORGANIZATION OR AN AUTHORIZED BUY-NOW-PAY-LATER LENDER AS
DEFINED IN THIS ARTICLE, SHALL ACT AS A BUY-NOW-PAY-LATER LENDER WITHOUT
FIRST OBTAINING A LICENSE FROM THE SUPERINTENDENT UNDER THIS ARTICLE.
(A) AN APPLICATION FOR A LICENSE SHALL BE IN WRITING, UNDER OATH, AND
IN THE FORM AND CONTAINING SUCH INFORMATION AS THE SUPERINTENDENT MAY
REQUIRE.
(B) AT THE TIME OF FILING AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL PAY TO THE SUPERINTENDENT A FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER.
(C) A LICENSE GRANTED UNDER THIS ARTICLE SHALL BE VALID UNLESS REVOKED
OR SUSPENDED BY THE SUPERINTENDENT OR UNLESS SURRENDERED BY THE LICENSEE
AND ACCEPTED BY THE SUPERINTENDENT.
(D) NO LICENSEE OR AUTHORIZED BUY-NOW-PAY-LATER LENDER SHALL BE
PERMITTED TO ENGAGE IN LENDING OF ANY CATEGORY OF BUY-NOW-PAY-LATER LOAN
NOT CAPTURED BY SUBDIVISION THREE OF SECTION SEVEN HUNDRED THIRTY-SIX OF
THIS ARTICLE WITHOUT RECEIVING PERMISSION FROM THE SUPERINTENDENT TO DO
SO.
(E) THE SUPERINTENDENT SHALL ESTABLISH A PROCESS BY WHICH A LICENSEE
OR AUTHORIZED LENDER MAY OBTAIN PERMISSION TO UPDATE CATEGORIES OF BUY-
NOW-PAY-LATER LOANS THEY ARE PERMITTED TO OFFER TO A LICENSE OR AUTHORI-
ZATION UNDER THIS ARTICLE, PROVIDED THAT A SINGLE LICENSE OR AUTHORI-
ZATION MAY INCLUDE MULTIPLE CATEGORIES OF BUY-NOW-PAY-LATER LOANS. A
LICENSE OR AUTHORIZATION GRANTED UNDER THIS ARTICLE SHALL SPECIFY THE
ELIGIBLE BUY-NOW-PAY-LATER LOANS AND SHALL BE LIMITED TO CATEGORIES OF
LENDING IN WHICH THE LENDER HAS BEEN LICENSED OR AUTHORIZED BY THE
SUPERINTENDENT TO ENGAGE. BUY-NOW-PAY-LATER LENDERS SHALL NOT BE
REQUIRED TO OBTAIN MORE THAN ONE LICENSE OR AUTHORIZATION FOR MULTIPLE
CATEGORIES OF LENDING. A LICENSED OR AUTHORIZED BUY-NOW-PAY-LATER LENDER
S. 3008--C 69 A. 3008--C
MUST CLEARLY AND CONSPICUOUSLY DISCLOSE TO CONSUMERS ITS LICENSE OR
AUTHORIZATION STATUS IN ACCORDANCE WITH SECTION SEVEN HUNDRED THIRTY-
NINE OF THIS ARTICLE.
(F) IN CONNECTION WITH AN APPLICATION FOR A LICENSE, THE APPLICANT
SHALL SUBMIT AN AFFIDAVIT OF FINANCIAL SOLVENCY, INCLUDING FINANCIAL
STATEMENTS, NOTING SUCH CAPITALIZATION REQUIREMENTS AND ACCESS TO SUCH
CREDIT OR SUCH OTHER AFFIRMATION OR INFORMATION AS MAY BE PRESCRIBED BY
THE REGULATIONS OF THE SUPERINTENDENT FOR DIFFERENT CATEGORIES OF BUY-
NOW-PAY-LATER LOANS. THE APPLICANT SHALL ALSO SUBMIT POLICIES AND PROCE-
DURES FOR UNDERWRITING SUCH BUY-NOW-PAY-LATER LOANS.
2. ANY BANKING ORGANIZATION, FOREIGN BANKING CORPORATION LICENSED BY
THE SUPERINTENDENT TO TRANSACT BUSINESS IN THIS STATE OR ORIGINATING
BUY-NOW-PAY-LATER LOANS FROM A BRANCH IN THIS STATE SUBJECT TO ARTICLE
FIVE-C OF THIS CHAPTER, OR A LICENSED LENDER LICENSED BY THE SUPERINTEN-
DENT UNDER ARTICLE NINE OF THIS CHAPTER, OTHER THAN AN EXEMPT ORGANIZA-
TION, MUST OBTAIN THE SUPERINTENDENT'S PRIOR WRITTEN AUTHORIZATION TO
ACT AS A BUY-NOW-PAY-LATER LENDER FOR SPECIFIC CATEGORIES OF BUY-NOW-
PAY-LATER LOANS. THE SUPERINTENDENT SHALL ESTABLISH A PROCESS BY WHICH
AN ENTITY DESCRIBED IN THIS SUBDIVISION MAY REQUEST SUCH AUTHORIZATION
TO ACT AS A BUY-NOW-PAY-LATER LENDER, WHICH PROCESS SHALL INCLUDE, BUT
NOT BE LIMITED TO, REQUIREMENTS THAT THE ENTITY REQUESTING SUCH AUTHORI-
ZATION SUBMIT A WRITTEN PLAN DESCRIBING THE PROPOSED BUY-NOW-PAY-LATER
LENDING, ITS PROPOSED POLICIES AND PROCEDURES FOR COMPLYING WITH THE
PROVISIONS OF THIS ARTICLE, AND THE IMPACT ON THE OVERALL BUSINESS OF
THE ENTITY. THE SUPERINTENDENT SHALL ESTABLISH A PROCESS FOR WITHDRAWING
AN AUTHORIZATION TO ACT AS A BUY-NOW-PAY-LATER LENDER.
§ 738. CONDITIONS PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
APPLICATION IS DENIED. 1. AFTER THE FILING OF AN APPLICATION FOR A
LICENSE ACCOMPANIED BY PAYMENT OF THE FEE PURSUANT TO PARAGRAPH B OF
SUBDIVISION ONE OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS ARTICLE,
IT SHALL BE SUBSTANTIVELY REVIEWED. AFTER THE APPLICATION IS DEEMED
SUFFICIENT AND COMPLETE, IF THE SUPERINTENDENT FINDS THAT THE FINANCIAL
RESPONSIBILITY, INCLUDING MEETING ANY CAPITAL REQUIREMENTS AS ESTAB-
LISHED PURSUANT TO SUBDIVISION THREE OF THIS SECTION, EXPERIENCE, CHAR-
ACTER AND GENERAL FITNESS OF THE APPLICANT OR ANY PERSON ASSOCIATED WITH
THE APPLICANT ARE SUCH AS TO COMMAND THE CONFIDENCE OF THE COMMUNITY AND
TO WARRANT THE BELIEF THAT THE BUSINESS WILL BE CONDUCTED HONESTLY,
FAIRLY AND EFFICIENTLY WITHIN THE PURPOSES AND INTENT OF THIS ARTICLE,
THE SUPERINTENDENT SHALL ISSUE THE LICENSE. FOR THE PURPOSE OF THIS
SUBDIVISION, THE APPLICANT SHALL BE DEEMED TO INCLUDE ALL THE MEMBERS OF
THE APPLICANT IF IT IS A PARTNERSHIP OR UNINCORPORATED ASSOCIATION OR
ORGANIZATION, AND ALL THE STOCKHOLDERS, OFFICERS AND DIRECTORS OF THE
APPLICANT IF IT IS A CORPORATION.
2. IF THE SUPERINTENDENT REFUSES TO ISSUE A LICENSE, THE SUPERINTEN-
DENT SHALL NOTIFY THE APPLICANT OF THE DENIAL AND RETAIN THE FEE PAID
PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED
THIRTY-SEVEN OF THIS ARTICLE.
3. THE SUPERINTENDENT SHALL PROMULGATE RULES AND REGULATIONS SETTING
CAPITAL REQUIREMENTS TO ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF
LICENSEES AND THEIR ONGOING OPERATIONS, TAKING INTO ACCOUNT THE RISKS,
VOLUME OF BUSINESS, COMPLEXITY, AND OTHER RELEVANT FACTORS REGARDING
SUCH LICENSEES. FURTHER, THE SUPERINTENDENT MAY PROMULGATE RULES AND
REGULATIONS PRESCRIBING A METHODOLOGY TO CALCULATE CAPITAL REQUIREMENTS
WITH RESPECT TO LICENSEES OR CATEGORIES THEREOF.
§ 739. LICENSE PROVISIONS AND POSTING. 1. A LICENSE ISSUED UNDER THIS
ARTICLE SHALL STATE THE NAME AND ADDRESS OF THE LICENSEE, AND IF THE
S. 3008--C 70 A. 3008--C
LICENSEE BE A CO-PARTNERSHIP OR ASSOCIATION, THE NAMES OF THE MEMBERS
THEREOF, AND FOR A CORPORATION, THE DATE AND PLACE OF ITS INCORPORATION.
2. SUCH LICENSE SHALL BE KEPT CONSPICUOUSLY POSTED ON THE MOBILE
APPLICATION, WEBSITE, OR OTHER CONSUMER INTERFACE OF THE LICENSEE, AS
WELL AS LISTED IN THE TERMS AND CONDITIONS OF ANY BUY-NOW-PAY-LATER LOAN
OFFERED OR ENTERED INTO BY THE LICENSEE. THE SUPERINTENDENT MAY PROVIDE
BY REGULATION AN ALTERNATIVE FORM OF NOTICE OF LICENSURE.
3. A LICENSE ISSUED UNDER THIS ARTICLE SHALL NOT BE TRANSFERABLE OR
ASSIGNABLE.
§ 740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
LENDER BY PURCHASE OF STOCK. 1. IT SHALL BE UNLAWFUL EXCEPT WITH THE
PRIOR APPROVAL OF THE SUPERINTENDENT FOR ANY ACTION TO BE TAKEN WHICH
RESULTS IN A CHANGE OF CONTROL OF THE BUSINESS OF A LICENSEE. PRIOR TO
ANY CHANGE OF CONTROL, THE PERSON DESIROUS OF ACQUIRING CONTROL OF THE
BUSINESS OF A LICENSEE SHALL MAKE WRITTEN APPLICATION TO THE SUPERINTEN-
DENT AND PAY AN INVESTIGATION FEE AS PRESCRIBED PURSUANT TO SECTION
EIGHTEEN-A OF THIS CHAPTER TO THE SUPERINTENDENT. THE APPLICATION SHALL
CONTAIN SUCH INFORMATION AS THE SUPERINTENDENT, BY REGULATION, MAY
PRESCRIBE AS NECESSARY OR APPROPRIATE FOR THE PURPOSE OF MAKING THE
DETERMINATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
2. THE SUPERINTENDENT SHALL APPROVE OR DISAPPROVE THE PROPOSED CHANGE
OF CONTROL OF A LICENSEE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SEVEN HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
3. FOR A PERIOD OF SIX MONTHS FROM THE DATE OF QUALIFICATION THEREOF
AND FOR SUCH ADDITIONAL PERIOD OF TIME AS THE SUPERINTENDENT MAY
PRESCRIBE, IN WRITING, THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF
THIS SECTION SHALL NOT APPLY TO A TRANSFER OF CONTROL BY OPERATION OF
LAW TO THE LEGAL REPRESENTATIVE, AS HEREINAFTER DEFINED, OF ONE WHO HAS
CONTROL OF A LICENSEE. THEREAFTER, SUCH LEGAL REPRESENTATIVE SHALL
COMPLY WITH THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION.
THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL BE
APPLICABLE TO AN APPLICATION MADE UNDER SUCH SECTION BY A LEGAL REPRE-
SENTATIVE.
4. THE TERM "LEGAL REPRESENTATIVE," FOR THE PURPOSES OF THIS SECTION,
SHALL MEAN ONE DULY APPOINTED BY A COURT OF COMPETENT JURISDICTION TO
ACT AS EXECUTOR, ADMINISTRATOR, TRUSTEE, COMMITTEE, CONSERVATOR OR
RECEIVER, INCLUDING ONE WHO SUCCEEDS A LEGAL REPRESENTATIVE AND ONE
ACTING IN AN ANCILLARY CAPACITY THERETO IN ACCORDANCE WITH THE
PROVISIONS OF SUCH COURT APPOINTMENT.
5. AS USED IN THIS SECTION, THE TERM "CONTROL" MEANS THE POSSESSION,
DIRECTLY OR INDIRECTLY, OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF
THE MANAGEMENT AND POLICIES OF A LICENSEE, WHETHER THROUGH THE OWNERSHIP
OF VOTING STOCK OF SUCH LICENSEE, THE OWNERSHIP OF VOTING STOCK OF ANY
PERSON WHICH POSSESSES SUCH POWER OR OTHERWISE. CONTROL SHALL BE
PRESUMED TO EXIST IF ANY PERSON, DIRECTLY OR INDIRECTLY, OWNS, CONTROLS
OR HOLDS WITH POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK
OF ANY LICENSEE OR OF ANY PERSON WHICH OWNS, CONTROLS OR HOLDS WITH
POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK OF ANY LICEN-
SEE, BUT NO PERSON SHALL BE DEEMED TO CONTROL A LICENSEE SOLELY BY
REASON OF BEING AN OFFICER OR DIRECTOR OF SUCH LICENSEE OR PERSON. THE
SUPERINTENDENT MAY IN THE SUPERINTENDENT'S DISCRETION, UPON THE APPLICA-
TION OF A LICENSEE OR ANY PERSON WHO, DIRECTLY OR INDIRECTLY, OWNS,
CONTROLS OR HOLDS WITH POWER TO VOTE OR SEEKS TO OWN, CONTROL OR HOLD
WITH POWER TO VOTE ANY VOTING STOCK OF SUCH LICENSEE, DETERMINE WHETHER
OR NOT THE OWNERSHIP, CONTROL OR HOLDING OF SUCH VOTING STOCK CONSTI-
S. 3008--C 71 A. 3008--C
TUTES OR WOULD CONSTITUTE CONTROL OF SUCH LICENSEE FOR PURPOSES OF THIS
SECTION.
§ 741. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE. 1.
A LICENSE GRANTED UNDER THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE
SUPERINTENDENT UPON A FINDING THAT:
(A) THE LICENSEE HAS VIOLATED ANY APPLICABLE LAW OR REGULATION;
(B) ANY FACT OR CONDITION EXISTS WHICH, IF IT HAD EXISTED AT THE TIME
OF THE ORIGINAL APPLICATION FOR SUCH LICENSE, CLEARLY WOULD HAVE
WARRANTED THE SUPERINTENDENT'S REFUSAL TO ISSUE SUCH LICENSE; OR
(C) THE LICENSEE HAS FAILED TO PAY ANY SUM OF MONEY LAWFULLY DEMANDED
BY THE SUPERINTENDENT OR TO COMPLY WITH ANY DEMAND, RULING OR REQUIRE-
MENT OF THE SUPERINTENDENT.
2. ANY LICENSEE MAY SURRENDER ANY LICENSE BY DELIVERING TO THE SUPER-
INTENDENT WRITTEN NOTICE THAT THE LICENSEE THEREBY SURRENDERS SUCH
LICENSE. SUCH SURRENDER SHALL BE EFFECTIVE UPON ITS ACCEPTANCE BY THE
SUPERINTENDENT, AND SHALL NOT AFFECT SUCH LICENSEE'S CIVIL OR CRIMINAL
LIABILITY FOR ACTS COMMITTED PRIOR TO SUCH SURRENDER.
3. EVERY LICENSE ISSUED UNDER THIS ARTICLE SHALL REMAIN IN FORCE AND
EFFECT UNTIL THE SAME SHALL HAVE BEEN SURRENDERED, REVOKED OR SUSPENDED,
IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, BUT THE SUPERINTEN-
DENT SHALL HAVE AUTHORITY TO REINSTATE SUSPENDED LICENSES OR TO ISSUE A
NEW LICENSE TO A LICENSEE WHOSE LICENSE HAS BEEN REVOKED IF NO FACT OR
CONDITION THEN EXISTS WHICH CLEARLY WOULD HAVE WARRANTED THE SUPERINTEN-
DENT'S REFUSAL TO ISSUE SUCH LICENSE.
4. WHENEVER THE SUPERINTENDENT SHALL REVOKE OR SUSPEND A LICENSE
ISSUED UNDER THIS ARTICLE, THE SUPERINTENDENT SHALL FORTHWITH EXECUTE A
WRITTEN ORDER TO THAT EFFECT, WHICH ORDER MAY BE REVIEWED IN THE MANNER
PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
SUCH SPECIAL PROCEEDING FOR REVIEW AS AUTHORIZED BY THIS SECTION MUST BE
COMMENCED WITHIN THIRTY DAYS FROM THE DATE OF SUCH ORDER OF SUSPENSION
OR REVOCATION.
5. THE SUPERINTENDENT MAY, FOR GOOD CAUSE, WITHOUT NOTICE AND A HEAR-
ING, SUSPEND ANY LICENSE ISSUED UNDER THIS ARTICLE FOR A PERIOD NOT
EXCEEDING THIRTY DAYS, PENDING INVESTIGATION. "GOOD CAUSE," AS USED IN
THIS SUBDIVISION, SHALL EXIST ONLY WHEN THE LICENSEE HAS ENGAGED IN OR
IS LIKELY TO ENGAGE IN A PRACTICE PROHIBITED BY THIS ARTICLE OR THE
RULES AND REGULATIONS PROMULGATED THEREUNDER OR ENGAGES IN DISHONEST OR
INEQUITABLE PRACTICES WHICH MAY CAUSE SUBSTANTIAL HARM TO THE PUBLIC.
6. NO REVOCATION, SUSPENSION OR SURRENDER OF ANY LICENSE SHALL IMPAIR
OR AFFECT ANY PRE-EXISTING LAWFUL CONTRACTS BETWEEN THE LICENSEE AND ANY
BORROWER.
§ 742. SUPERINTENDENT AUTHORIZED TO EXAMINE. 1. THE SUPERINTENDENT
SHALL HAVE THE POWER TO MAKE SUCH INVESTIGATIONS AS THE SUPERINTENDENT
SHALL DEEM NECESSARY TO DETERMINE WHETHER ANY BUY-NOW-PAY-LATER LENDER
OR ANY OTHER PERSON HAS VIOLATED ANY OF THE PROVISIONS OF THIS ARTICLE
OR ANY OTHER APPLICABLE LAW, OR WHETHER ANY LICENSEE HAS CONDUCTED
ITSELF IN SUCH MANNER AS WOULD JUSTIFY THE REVOCATION OF ITS LICENSE,
AND TO THE EXTENT NECESSARY THEREFOR, THE SUPERINTENDENT MAY REQUIRE THE
ATTENDANCE OF AND EXAMINE ANY PERSON UNDER OATH, AND SHALL HAVE THE
POWER TO COMPEL THE PRODUCTION OF ALL RELEVANT BOOKS, RECORDS, ACCOUNTS,
AND DOCUMENTS.
2. THE SUPERINTENDENT SHALL HAVE THE POWER TO MAKE SUCH EXAMINATIONS
OF THE BOOKS, RECORDS, ACCOUNTS AND DOCUMENTS USED IN THE BUSINESS OF
ANY LICENSEE AS THE SUPERINTENDENT SHALL DEEM NECESSARY TO DETERMINE
WHETHER ANY SUCH LICENSEE HAS VIOLATED ANY OF THE PROVISIONS OF THIS
S. 3008--C 72 A. 3008--C
CHAPTER OR ANY OTHER APPLICABLE LAW OR TO SECURE INFORMATION LAWFULLY
REQUIRED BY THE SUPERINTENDENT.
§ 743. LICENSEE'S BOOKS AND RECORDS; REPORTS. 1. A BUY-NOW-PAY-LATER
LENDER SHALL KEEP AND USE IN ITS BUSINESS SUCH BOOKS, ACCOUNTS AND
RECORDS AS WILL ENABLE THE SUPERINTENDENT TO DETERMINE WHETHER SUCH
BUY-NOW-PAY-LATER LENDER IS COMPLYING WITH THE PROVISIONS OF THIS ARTI-
CLE AND WITH THE RULES AND REGULATIONS PROMULGATED BY THE SUPERINTENDENT
THEREUNDER. EVERY BUY-NOW-PAY-LATER LENDER SHALL PRESERVE SUCH BOOKS,
ACCOUNTS AND RECORDS FOR AT LEAST SIX YEARS AFTER MAKING THE FINAL ENTRY
IN RESPECT TO ANY BUY-NOW-PAY-LATER LOAN RECORDED THEREIN; PROVIDED,
HOWEVER, THE PRESERVATION OF PHOTOGRAPHIC OR DIGITAL REPRODUCTIONS THER-
EOF OR RECORDS IN PHOTOGRAPHIC OR DIGITAL FORM SHALL CONSTITUTE COMPLI-
ANCE WITH THIS REQUIREMENT.
2. BY A DATE TO BE SET BY THE SUPERINTENDENT, EACH LICENSEE SHALL
ANNUALLY FILE A REPORT WITH THE SUPERINTENDENT GIVING SUCH INFORMATION
AS THE SUPERINTENDENT MAY REQUIRE CONCERNING THE LICENSEE'S BUSINESS AND
OPERATIONS DURING THE PRECEDING CALENDAR YEAR WITHIN THE STATE UNDER THE
AUTHORITY OF THIS ARTICLE. SUCH REPORT SHALL BE SUBSCRIBED AND AFFIRMED
AS TRUE BY THE LICENSEE UNDER THE PENALTIES OF PERJURY AND BE IN THE
FORM PRESCRIBED BY THE SUPERINTENDENT. IN ADDITION TO SUCH ANNUAL
REPORTS, THE SUPERINTENDENT MAY REQUIRE OF LICENSEES SUCH ADDITIONAL
REGULAR OR SPECIAL REPORTS AS THE SUPERINTENDENT MAY DEEM NECESSARY TO
THE PROPER SUPERVISION OF LICENSEES UNDER THIS ARTICLE. SUCH ADDITIONAL
REPORTS SHALL BE IN THE FORM PRESCRIBED BY THE SUPERINTENDENT AND SHALL
BE SUBSCRIBED AND AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY.
§ 744. ACTS PROHIBITED. 1. NO BUY-NOW-PAY-LATER LENDER SHALL TAKE OR
CAUSE TO BE TAKEN ANY CONFESSION OF JUDGMENT OR ANY POWER OF ATTORNEY TO
CONFESS JUDGMENT OR TO APPEAR FOR THE CONSUMER IN A JUDICIAL PROCEEDING.
2. NO BUY-NOW-PAY-LATER LENDER SHALL:
(A) EMPLOY ANY SCHEME, DEVICE, OR ARTIFICE TO DEFRAUD OR MISLEAD A
BORROWER;
(B) ENGAGE IN ANY DECEPTIVE OR UNFAIR PRACTICE TOWARD ANY PERSON OR
MISREPRESENT OR OMIT ANY MATERIAL INFORMATION IN CONNECTION WITH THE
BUY-NOW-PAY-LATER LOANS, INCLUDING, BUT NOT LIMITED TO, MISREPRESENTING
THE AMOUNT, NATURE OR TERMS OF ANY FEE OR PAYMENT DUE OR CLAIMED TO BE
DUE ON THE LOAN, THE TERMS AND CONDITIONS OF THE LOAN AGREEMENT OR THE
BORROWER'S OBLIGATIONS UNDER THE LOAN;
(C) MISAPPLY PAYMENTS TO THE OUTSTANDING BALANCE OF ANY BUY-NOW-PAY-
LATER LOAN OR TO ANY RELATED FEES;
(D) PROVIDE INACCURATE INFORMATION TO A CONSUMER REPORTING AGENCY; OR
(E) MAKE ANY FALSE STATEMENT OR MAKE ANY OMISSION OF A MATERIAL FACT
IN CONNECTION WITH ANY INFORMATION OR REPORTS FILED WITH A GOVERNMENTAL
AGENCY OR IN CONNECTION WITH ANY INVESTIGATION CONDUCTED BY THE SUPER-
INTENDENT OR ANOTHER GOVERNMENTAL AGENCY.
§ 745. INTEREST AND OTHER CHARGES. 1. NO BUY-NOW-PAY-LATER LENDER
SHALL: (A) CHARGE INTEREST UNLESS THE RATE OF INTEREST TO BE CHARGED IS
ALLOWABLE PURSUANT TO ITS LICENSE OR AUTHORIZATION; (B) CHARGE INTEREST
UNLESS THE RATE OF INTEREST TO BE CHARGED IS CLEARLY DISCLOSED AND
AGREED TO BY THE CONSUMER; OR (C) DIRECTLY OR INDIRECTLY CHARGE,
CONTRACT FOR, OR RECEIVE ANY INTEREST, DISCOUNT, OR CONSIDERATION UPON
THE LOAN, USE, FORBEARANCE OF MONEY, GOODS, OR THINGS, OR INACTION, OR
UPON THE LOAN, USE, OR SALE OF CREDIT GREATER THAN THE MAXIMUM SET BY
THE SUPERINTENDENT PURSUANT TO THIS SECTION, BUT IN NO CASE GREATER THAN
THE RATE PERMITTED BY SECTION 5-501 OF THE GENERAL OBLIGATIONS LAW.
2. THE SUPERINTENDENT SHALL ESTABLISH A MAXIMUM CUMULATIVE AMOUNT OF
ALL CHARGES AND FEES THAT A BUY-NOW-PAY-LATER LENDER CAN CHARGE A
S. 3008--C 73 A. 3008--C
CONSUMER IN CONNECTION WITH EACH CATEGORY OF BUY-NOW-PAY-LATER LOANS.
THE SUPERINTENDENT SHALL ALSO ESTABLISH A MAXIMUM AMOUNT OR PERCENTAGE
FOR TOTAL SPECIFIC CHARGE OR FEE IN CONNECTION WITH ORIGINATION, LATE
PAYMENT, DEFAULT OR ANY OTHER VIOLATION OF THE BUY-NOW-PAY-LATER LOAN
AGREEMENT, THAT A BUY-NOW-PAY-LATER LENDER CAN CHARGE A CONSUMER FOR
EACH CATEGORY OF BUY-NOW-PAY-LATER LOANS. ANY SUCH FEE OR CHARGE SHALL
NOT BE COLLECTED MORE THAN ONCE FOR A SINGLE SUCH LATE PAYMENT, DEFAULT,
OR OTHER VIOLATION OF THE BUY-NOW-PAY-LATER LOAN AGREEMENT.
3. THE SUPERINTENDENT SHALL PROMULGATE RULES AND REGULATIONS REGARDING
THE MANNER OF CHARGING INTEREST AND FEES AS PRESCRIBED AS IN THIS
SECTION.
§ 746. CONSUMER PROTECTIONS. 1. A BUY-NOW-PAY-LATER LENDER SHALL
DISCLOSE OR CAUSE TO BE DISCLOSED TO CONSUMERS THE TERMS OF BUY-NOW-PAY-
LATER LOANS, INCLUDING, WITHOUT LIMITATION, THE COST, SUCH AS INTEREST
AND FEES, REPAYMENT SCHEDULE, THE MEANS BY WHICH A CONSUMER MAY DISPUTE
BILLING PRACTICES, WHETHER THE TRANSACTION WILL OR WILL NOT BE REPORTED
TO A CREDIT REPORTING AGENCY, AND OTHER MATERIAL CONDITIONS, IN A CLEAR
AND CONSPICUOUS MANNER. DISCLOSURES SHALL COMPLY WITH APPLICABLE FEDERAL
REGULATIONS, INCLUDING BUT NOT LIMITED TO REGULATION Z OF TITLE I OF THE
CONSUMER CREDIT PROTECTION ACT.
2. SUBJECT TO REGULATIONS TO BE PROMULGATED BY THE SUPERINTENDENT, A
BUY-NOW-PAY-LATER LENDER SHALL, BEFORE PROVIDING OR CAUSING TO BE
PROVIDED A BUY-NOW-PAY-LATER LOAN TO A CONSUMER, PERFORM, OR CAUSE TO BE
PERFORMED, REASONABLE RISK-BASED UNDERWRITING. A BUY-NOW-PAY-LATER LEND-
ER SHALL MAINTAIN OR CAUSE TO BE MAINTAINED POLICIES AND PROCEDURES FOR
UNDERWRITING BUY-NOW-PAY-LATER LOANS, AND SHALL DISCLOSE FACTORS CONSID-
ERED IN SUCH UNDERWRITING PROCESS, IN A CLEAR AND CONSPICUOUS MANNER TO
THE CONSUMER. NO BUY-NOW-PAY-LATER LENDER SHALL COLLECT, EVALUATE,
REPORT, OR MAINTAIN IN THE FILE ON A BORROWER THE CREDIT WORTHINESS,
CREDIT STANDING, OR CREDIT CAPACITY OF MEMBERS OF THE BORROWER'S SOCIAL
NETWORK FOR PURPOSES OF DETERMINING THE CREDIT WORTHINESS OF THE BORROW-
ER; THE AVERAGE CREDIT WORTHINESS, CREDIT STANDING, OR CREDIT CAPACITY
OF MEMBERS OF THE BORROWER'S SOCIAL NETWORK; OR ANY GROUP SCORE THAT IS
NOT THE BORROWER'S OWN CREDIT WORTHINESS, CREDIT STANDING, OR CREDIT
CAPACITY.
3. A BUY-NOW-PAY-LATER LENDER SHALL MAINTAIN OR CAUSE TO BE MAINTAINED
POLICIES AND PROCEDURES FOR MAINTAINING ACCURATE DATA THAT MAY BE
REPORTED TO CREDIT REPORTING AGENCIES. NO BUY-NOW-PAY-LATER LENDER SHALL
SHARE CONSUMER DATA IN A MANNER INCONSISTENT WITH THIS ARTICLE AND REGU-
LATIONS PROMULGATED THERETO.
4. A BUY-NOW-PAY-LATER LENDER SHALL PROVIDE OR CAUSE TO BE PROVIDED
REFUNDS OR CREDITS FOR GOODS OR SERVICES PURCHASED IN CONNECTION WITH A
BUY-NOW-PAY-LATER LOAN, IF THE CONSUMER REQUESTS AND IS ENTITLED TO A
REFUND, IN A MANNER THAT IS FAIR, TRANSPARENT, AND NOT UNDULY BURDENSOME
TO CONSUMERS. A BUY-NOW-PAY-LATER LENDER SHALL MAINTAIN OR CAUSE TO BE
MAINTAINED POLICIES AND PROCEDURES TO PROVIDE SUCH REFUNDS OR CREDITS.
SUCH POLICIES AND PROCEDURES SHALL BE FAIR, TRANSPARENT, AND NOT UNDULY
BURDENSOME TO THE CONSUMER. A BUY-NOW-PAY-LATER LENDER SHALL DISCLOSE OR
CAUSE TO BE DISCLOSED TO CONSUMERS, IN A CLEAR AND CONSPICUOUS MANNER,
THE PROCESS BY WHICH THEY CAN OBTAIN REFUNDS OR CREDITS FOR GOODS OR
SERVICES THEY HAVE PURCHASED IN CONNECTION WITH A BUY-NOW-PAY-LATER
LOAN.
5. A BUY-NOW-PAY-LATER LENDER SHALL RESOLVE OR CAUSE TO BE RESOLVED
DISPUTES IN A MANNER THAT IS FAIR AND TRANSPARENT TO CONSUMERS. A BUY-
NOW-PAY-LATER LENDER SHALL CREATE OR CAUSE TO BE CREATED A READILY
AVAILABLE AND PROMINENTLY DISCLOSED METHOD FOR CONSUMERS TO BRING A
S. 3008--C 74 A. 3008--C
DISPUTE TO THE BUY-NOW-PAY-LATER LENDER. A BUY-NOW-PAY-LATER LENDER
SHALL MAINTAIN POLICIES AND PROCEDURES FOR HANDLING CONSUMER DISPUTES.
THE SUPERINTENDENT MAY PROMULGATE RULES AND REGULATIONS REGARDING TREAT-
MENT OF UNAUTHORIZED USE, SO THAT CONSUMERS ARE LIABLE FOR USE OF BUY-
NOW-PAY-LATER LOANS IN THEIR NAME ONLY UNDER CIRCUMSTANCES WHERE SUCH
LIABILITY WOULD BE FAIR AND REASONABLE. A BUY-NOW-PAY-LATER LENDER SHALL
APPLY TO BUY-NOW-PAY-LATER LOANS THE DISPUTE RIGHTS AND UNAUTHORIZED
CHARGES REQUIREMENTS THAT APPLY TO CREDIT CARDS UNDER THE TRUTH IN LEND-
ING ACT, 15 U.S.C. § 1643, 1666, 1666A, 1666I, REGARDLESS OF WHETHER
SUCH LAW APPLIES TO BUY-NOW-PAY-LATER LOANS OR WHETHER THE BUY-NOW-PAY-
LATER LENDER OFFERS A CREDIT CARD WITHIN THE SCOPE OF SUCH LAW.
6. A BUY-NOW-PAY-LATER LENDER MAY USE, SELL, OR SHARE THE DATA OF A
CONSUMER, OTHER THAN IN CONNECTION WITH THE MAKING OF A PARTICULAR BUY-
NOW-PAY-LATER LOAN TO THE CONSUMER, ONLY WITH THE CONSUMER'S CONSENT. A
BUY-NOW-PAY-LATER LENDER SHALL DISCLOSE OR CAUSE TO BE DISCLOSED TO A
CONSUMER IN A CLEAR AND CONSPICUOUS MANNER HOW SUCH CONSUMER'S DATA MAY
BE USED, SHARED, OR SOLD BY THE BUY-NOW-PAY-LATER LENDER BEFORE OBTAIN-
ING SUCH CONSUMER'S CONSENT AND ALSO SHALL DISCLOSE OR CAUSE TO BE
DISCLOSED TO SUCH CONSUMER IN A CLEAR AND CONSPICUOUS MANNER HOW SUCH
CONSUMER MAY SUBSEQUENTLY WITHDRAW CONSENT TO SUCH USE, SHARING, OR
SALE. THE SUPERINTENDENT, IN THEIR DISCRETION, MAY BY REGULATION PROHIB-
IT CERTAIN USES OF CONSUMER DATA. A BUY-NOW-PAY-LATER LENDER SHALL MAIN-
TAIN POLICIES AND PROCEDURES REGARDING ITS USE, SALE, AND SHARING OF
CONSUMERS' DATA. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A BUY-NOW-
PAY-LATER LENDER FROM USING INFORMATION IN ACCORDANCE WITH THE FAIR
CREDIT REPORTING ACT OR FURNISHING CREDIT REPORTING DATA TO A CREDIT
REPORTING AGENCY.
7. ANY BUY-NOW-PAY-LATER LOAN MADE BY A PERSON NOT LICENSED OR AUTHOR-
IZED UNDER THIS ARTICLE, OTHER THAN AN EXEMPT ORGANIZATION, SHALL BE
VOID, AND SUCH PERSON SHALL HAVE NO RIGHT TO COLLECT OR RECEIVE ANY
PRINCIPAL, INTEREST OR CHARGE WHATSOEVER.
8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE OBLIGATIONS
OF A BUY-NOW-PAY-LATER LENDER TO COMPLY WITH ANY OTHER APPLICABLE LAWS
OR REGULATIONS. ANY PROTECTIONS, RIGHTS AND REMEDIES PROVIDED IN THIS
SECTION TO A CONSUMER WITH RESPECT TO AN AGREEMENT WITH A BUY-NOW-PAY-
LATER LENDER SHALL BE INTENDED TO SUPPLEMENT AND NOT BE EXCLUSIVE OF ANY
PROTECTIONS, RIGHTS AND REMEDIES OTHERWISE AVAILABLE PURSUANT TO ANY
OTHER LAW OR REGULATIONS.
§ 747. AUTHORITY OF SUPERINTENDENT. 1. THE SUPERINTENDENT IS AUTHOR-
IZED TO PROMULGATE SUCH GENERAL RULES AND REGULATIONS AS MAY BE APPRO-
PRIATE TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE, PROTECT CONSUMERS,
AND ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY OF BUY-NOW-PAY-LATER
LENDERS. THE SUPERINTENDENT IS FURTHER AUTHORIZED TO MAKE SUCH SPECIFIC
RULINGS, DEMANDS, AND FINDINGS AS MAY BE NECESSARY FOR THE PROPER
CONDUCT OF THE BUSINESS AUTHORIZED AND LICENSED UNDER AND FOR THE
ENFORCEMENT OF THIS ARTICLE, IN ADDITION HERETO AND NOT INCONSISTENT
HEREWITH.
2. IN ADDITION TO SUCH POWERS AS MAY OTHERWISE BE PRESCRIBED BY LAW,
THE SUPERINTENDENT IS HEREBY AUTHORIZED AND EMPOWERED TO PROMULGATE SUCH
RULES AND REGULATIONS AS MAY IN THE JUDGMENT OF THE SUPERINTENDENT BE
CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, OR APPROPRIATE FOR THE
EFFECTIVE ADMINISTRATION OF THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO:
(A) SUCH RULES AND REGULATIONS IN CONNECTION WITH THE ACTIVITIES OF
BUY-NOW-PAY-LATER LENDERS AS MAY BE NECESSARY AND APPROPRIATE FOR THE
PROTECTION OF BORROWERS IN THIS STATE;
S. 3008--C 75 A. 3008--C
(B) SUCH RULES AND REGULATIONS AS MAY BE NECESSARY AND APPROPRIATE TO
DEFINE DECEPTIVE OR UNFAIR PRACTICES IN CONNECTION WITH THE ACTIVITIES
OF BUY-NOW-PAY-LATER LENDERS;
(C) SUCH RULES AND REGULATIONS AS MAY DEFINE THE TERMS USED IN THIS
ARTICLE AND AS MAY BE NECESSARY AND APPROPRIATE TO INTERPRET AND IMPLE-
MENT THE PROVISIONS OF THIS ARTICLE; AND
(D) SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE ENFORCEMENT
OF THIS ARTICLE.
3. WHEN PROMULGATING RULES AND REGULATIONS UNDER THIS ARTICLE, THE
SUPERINTENDENT SHALL CONSIDER THE APPLICABILITY OF OTHER ARTICLES OF
THIS CHAPTER TO BUY-NOW-PAY-LATER LENDERS AND BUY-NOW-PAY-LATER LOANS
FOR THE PURPOSE OF AVOIDING CONFLICTING REQUIREMENTS.
§ 748. PENALTIES. 1. ANY PERSON, INCLUDING ANY MEMBER, OFFICER, DIREC-
TOR OR EMPLOYEE OF A BUY-NOW-PAY-LATER LENDER, WHO VIOLATES OR PARTIC-
IPATES IN THE VIOLATION OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS
ARTICLE, OR WHO KNOWINGLY MAKES ANY INCORRECT STATEMENT OF A MATERIAL
FACT IN ANY APPLICATION, REPORT OR STATEMENT FILED PURSUANT TO THIS
ARTICLE, OR WHO KNOWINGLY OMITS TO STATE ANY MATERIAL FACT NECESSARY TO
GIVE THE SUPERINTENDENT ANY INFORMATION LAWFULLY REQUIRED BY THE SUPER-
INTENDENT OR REFUSES TO PERMIT ANY LAWFUL INVESTIGATION OR EXAMINATION,
SHALL BE GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE FINED
NOT MORE THAN FIVE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE THAN SIX
MONTHS OR BOTH, IN THE DISCRETION OF THE COURT.
2. (A) WITHOUT LIMITING ANY POWER GRANTED TO THE SUPERINTENDENT UNDER
ANY OTHER PROVISION OF THIS CHAPTER, THE SUPERINTENDENT MAY, IN A
PROCEEDING AFTER NOTICE AND A HEARING REQUIRE A BUY-NOW-PAY-LATER LEND-
ER, WHETHER OR NOT A LICENSEE, TO PAY TO THE PEOPLE OF THIS STATE A
PENALTY FOR ANY VIOLATION OF THIS CHAPTER, ANY RULE OR REGULATION
PROMULGATED THEREUNDER, ANY FINAL OR TEMPORARY ORDER ISSUED PURSUANT TO
SECTION THIRTY-NINE OF THIS CHAPTER, ANY CONDITION IMPOSED IN WRITING BY
THE SUPERINTENDENT IN CONNECTION WITH THE GRANT OF ANY APPLICATION OR
REQUEST, OR ANY WRITTEN AGREEMENT ENTERED INTO WITH THE SUPERINTENDENT,
AND FOR KNOWINGLY MAKING ANY INCORRECT STATEMENT OF A MATERIAL FACT IN
ANY APPLICATION, REPORT OR STATEMENT FILED PURSUANT TO THIS ARTICLE, OR
KNOWINGLY OMITTING TO STATE ANY MATERIAL FACT NECESSARY TO GIVE THE
SUPERINTENDENT ANY INFORMATION LAWFULLY REQUIRED BY THE SUPERINTENDENT
OR REFUSING TO PERMIT ANY LAWFUL INVESTIGATION OR EXAMINATION.
(B) THE SUPERINTENDENT SHALL NOT IMPOSE OR COLLECT ANY PENALTY FOR AN
ACT OR OMISSION CONSTITUTING A VIOLATION OF THIS ARTICLE IF THE SUPER-
INTENDENT IMPOSES OR COLLECTS ANY PENALTY PURSUANT TO ANOTHER PROVISION
OF THIS CHAPTER FOR THE SAME ACT OR OMISSION.
(C) THE SUPERINTENDENT SHALL NOT IMPOSE OR COLLECT A PENALTY FOR AN
ACT OR OMISSION CONSTITUTING A VIOLATION OF THIS ARTICLE BY A BUY-NOW-
PAY-LATER LENDER MORE THAN ONCE FOR THE SAME ACT OR OMISSION, WHERE THE
ENTITY EXTENDING CREDIT DIRECTLY TO A CONSUMER IS DIFFERENT FROM THE
ENTITY OPERATING A PLATFORM, SOFTWARE, OR SYSTEM WITH WHICH THE CONSUMER
INTERACTS, UNLESS BOTH ENTITIES ARE FOUND TO HAVE KNOWINGLY COMMITTED
THE SAME ACT OR OMISSION.
(D) AS TO ANY BUY-NOW-PAY-LATER LENDER THAT IS NOT A LICENSEE OR AN
AUTHORIZED BUY-NOW-PAY-LATER LENDER, THE SUPERINTENDENT IS AUTHORIZED TO
IMPOSE A PENALTY IN THE SAME AMOUNT AUTHORIZED IN SECTION FORTY-FOUR OF
THIS CHAPTER FOR A VIOLATION OF THIS CHAPTER BY ANY PERSON LICENSED,
CERTIFIED, REGISTERED, AUTHORIZED, CHARTERED, ACCREDITED, INCORPORATED
OR OTHERWISE APPROVED BY THE SUPERINTENDENT UNDER THIS CHAPTER.
3. NO PERSON EXCEPT A BUY-NOW-PAY-LATER LENDER LICENSED UNDER THIS
ARTICLE SHALL MAKE, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, OR BY
S. 3008--C 76 A. 3008--C
ANY METHOD, PRACTICE OR DEVICE, A REPRESENTATION THAT SUCH PERSON IS
LICENSED UNDER THIS ARTICLE.
§ 749. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD TO BE INVALID, SUCH
INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS
ARTICLE WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR
APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERA-
BLE.
§ 2. Subdivision 1 of section 36 of the banking law, as amended by
chapter 146 of the laws of 1961, is amended to read as follows:
1. The superintendent shall have the power to examine every banking
organization, every bank holding company and any non-banking subsidiary
thereof (as such terms "bank holding company" and "non-banking subsid-
iary" are defined in article three-A of this chapter) and every licensed
lender AND LICENSED BUY-NOW-PAY-LATER LENDER at any time prior to its
dissolution whenever in [his] THE SUPERINTENDENT'S judgment such exam-
ination is necessary or advisable.
§ 3. Subdivision 10 of section 36 of the banking law, as amended by
section 2 of part L of chapter 58 of the laws of 2019, is amended to
read as follows:
10. All reports of examinations and investigations, correspondence and
memoranda concerning or arising out of such examination and investi-
gations, including any duly authenticated copy or copies thereof in the
possession of any banking organization, bank holding company or any
subsidiary thereof (as such terms "bank holding company" and "subsid-
iary" are defined in article three-A of this chapter), any corporation
or any other entity affiliated with a banking organization within the
meaning of subdivision six of this section and any non-banking subsid-
iary of a corporation or any other entity which is an affiliate of a
banking organization within the meaning of subdivision six-a of this
section, foreign banking corporation, licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER, licensed casher of checks, licensed mortgage banker,
registered mortgage broker, licensed mortgage loan originator, licensed
sales finance company, registered mortgage loan servicer, licensed
student loan servicer, licensed insurance premium finance agency,
licensed transmitter of money, licensed budget planner, any other person
or entity subject to supervision under this chapter, or the department,
shall be confidential communications, shall not be subject to subpoena
and shall not be made public unless, in the judgment of the superinten-
dent, the ends of justice and the public advantage will be subserved by
the publication thereof, in which event the superintendent may publish
or authorize the publication of a copy of any such report or any part
thereof in such manner as may be deemed proper or unless such laws
specifically authorize such disclosure. For the purposes of this subdi-
vision, "reports of examinations and investigations, and any correspond-
ence and memoranda concerning or arising out of such examinations and
investigations", includes any such materials of a bank, insurance or
securities regulatory agency or any unit of the federal government or
that of this state any other state or that of any foreign government
which are considered confidential by such agency or unit and which are
in the possession of the department or which are otherwise confidential
materials that have been shared by the department with any such agency
or unit and are in the possession of such agency or unit.
§ 4. Subdivisions 3 and 5 of section 37 of the banking law, as amended
by chapter 360 of the laws of 1984, are amended to read as follows:
S. 3008--C 77 A. 3008--C
3. In addition to any reports expressly required by this chapter to be
made, the superintendent may require any banking organization, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed mortgage banker, foreign banking corporation licensed by the
superintendent to do business in this state, bank holding company and
any non-banking subsidiary thereof, corporate affiliate of a corporate
banking organization within the meaning of subdivision six of section
thirty-six of this article and any non-banking subsidiary of a corpo-
ration which is an affiliate of a corporate banking organization within
the meaning of subdivision six-a of section thirty-six of this article
to make special reports to [him] THE SUPERINTENDENT at such times as
[he] THE SUPERINTENDENT may prescribe.
5. The superintendent may extend at [his] THE SUPERINTENDENT'S
discretion the time within which a banking organization, foreign banking
corporation licensed by the superintendent to do business in this state,
bank holding company or any non-banking subsidiary thereof, licensed
casher of checks, licensed mortgage banker, private banker, LICENSED
BUY-NOW-PAY-LATER LENDER or licensed lender is required to make and file
any report to the superintendent.
§ 5. Section 39 of the banking law, as amended by section 3 of part L
of chapter 58 of the laws of 2019, is amended to read as follows:
§ 39. Orders of superintendent. 1. To appear and explain an apparent
violation. Whenever it shall appear to the superintendent that any bank-
ing organization, bank holding company, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, registered
mortgage loan servicer, licensed mortgage loan originator, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, out-of-state
state bank that maintains a branch or branches or representative or
other offices in this state, or foreign banking corporation licensed by
the superintendent to do business or maintain a representative office in
this state has violated any law or regulation, [he or she] THE SUPER-
INTENDENT may, in [his or her] THE SUPERINTENDENT'S discretion, issue an
order describing such apparent violation and requiring such banking
organization, bank holding company, registered mortgage broker, licensed
mortgage banker, licensed student loan servicer, licensed mortgage loan
originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed
casher of checks, licensed sales finance company, licensed insurance
premium finance agency, licensed transmitter of money, licensed budget
planner, out-of-state state bank that maintains a branch or branches or
representative or other offices in this state, or foreign banking corpo-
ration to appear before [him or her] THE SUPERINTENDENT, at a time and
place fixed in said order, to present an explanation of such apparent
violation.
2. To discontinue unauthorized or unsafe and unsound practices. When-
ever it shall appear to the superintendent that any banking organiza-
tion, bank holding company, registered mortgage broker, licensed mort-
gage banker, licensed student loan servicer, registered mortgage loan
servicer, licensed mortgage loan originator, licensed lender, LICENSED
BUY-NOW-PAY-LATER LENDER, licensed casher of checks, licensed sales
finance company, licensed insurance premium finance agency, licensed
transmitter of money, licensed budget planner, out-of-state state bank
that maintains a branch or branches or representative or other offices
in this state, or foreign banking corporation licensed by the super-
intendent to do business in this state is conducting business in an
S. 3008--C 78 A. 3008--C
unauthorized or unsafe and unsound manner, [he or she] THE SUPERINTEN-
DENT may, in [his or her] THE SUPERINTENDENT'S discretion, issue an
order directing the discontinuance of such unauthorized or unsafe and
unsound practices, and fixing a time and place at which such banking
organization, bank holding company, registered mortgage broker, licensed
mortgage banker, licensed student loan servicer, registered mortgage
loan servicer, licensed mortgage loan originator, licensed lender,
LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks, licensed
sales finance company, licensed insurance premium finance agency,
licensed transmitter of money, licensed budget planner, out-of-state
state bank that maintains a branch or branches or representative or
other offices in this state, or foreign banking corporation may volun-
tarily appear before [him or her] THE SUPERINTENDENT to present any
explanation in defense of the practices directed in said order to be
discontinued.
3. To make good impairment of capital or to ensure compliance with
financial requirements. Whenever it shall appear to the superintendent
that the capital or capital stock of any banking organization, bank
holding company or any subsidiary thereof which is organized, licensed
or registered pursuant to this chapter, is impaired, or the financial
requirements imposed by subdivision one of section two hundred two-b of
this chapter or any regulation of the superintendent on any branch or
agency of a foreign banking corporation or the financial requirements
imposed by this chapter or any regulation of the superintendent on any
licensed lender, LICENSED BUY-NOW-PAY-LATER LENDER, registered mortgage
broker, licensed mortgage banker, licensed student loan servicer,
licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner or private banker are not satisfied, the super-
intendent may, in the superintendent's discretion, issue an order
directing that such banking organization, bank holding company, branch
or agency of a foreign banking corporation, registered mortgage broker,
licensed mortgage banker, licensed student loan servicer, licensed lend-
er, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, or private
banker make good such deficiency forthwith or within a time specified in
such order.
4. To make good encroachments on reserves. Whenever it shall appear to
the superintendent that either the total reserves or reserves on hand of
any banking organization, branch or agency of a foreign banking corpo-
ration are below the amount required by or pursuant to this chapter or
any other applicable provision of law or regulation to be maintained, or
that such banking organization, branch or agency of a foreign banking
corporation is not keeping its reserves on hand as required by this
chapter or any other applicable provision of law or regulation, [he or
she] THE SUPERINTENDENT may, in [his or her] THE SUPERINTENDENT'S
discretion, issue an order directing that such banking organization,
branch or agency of a foreign banking corporation make good such
reserves forthwith or within a time specified in such order, or that it
keep its reserves on hand as required by this chapter.
5. To keep books and accounts as prescribed. Whenever it shall appear
to the superintendent that any banking organization, bank holding compa-
ny, registered mortgage broker, licensed mortgage banker, licensed
student loan servicer, registered mortgage loan servicer, licensed mort-
gage loan originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LEND-
S. 3008--C 79 A. 3008--C
ER, licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner, agency or branch of a foreign banking corpo-
ration licensed by the superintendent to do business in this state, does
not keep its books and accounts in such manner as to enable [him or her]
THE SUPERINTENDENT to readily ascertain its true condition, [he or she]
THE SUPERINTENDENT may, in [his or her] THE SUPERINTENDENT'S discretion,
issue an order requiring such banking organization, bank holding compa-
ny, registered mortgage broker, licensed mortgage banker, licensed
student loan servicer, registered mortgage loan servicer, licensed mort-
gage loan originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LEND-
ER, licensed casher of checks, licensed sales finance company, licensed
insurance premium finance agency, licensed transmitter of money,
licensed budget planner, or foreign banking corporation, or the officers
or agents thereof, or any of them, to open and keep such books or
accounts as [he or she] THE SUPERINTENDENT may, in [his or her] THE
SUPERINTENDENT'S discretion, determine and prescribe for the purpose of
keeping accurate and convenient records of its transactions and
accounts.
6. As used in this section, "bank holding company" shall have the same
meaning as that term is defined in section one hundred forty-one of this
chapter.
§ 6. Subdivision 1 of section 42 of the banking law, as amended by
chapter 65 of the laws of 1948, is amended to read as follows:
1. The name and the location of the principal office of every proposed
corporation, private banker, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks, the organization certificate,
private banker's certificate or application for license of which has
been filed for examination, and the date of such filing.
§ 7. Subdivision 2 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
2. The name and location of every licensed lender, LICENSED BUY-NOW-
PAY-LATER LENDER and licensed casher of checks, and the name, location,
amount of capital stock or permanent capital and amount of surplus of
every corporation and private banker and the minimum assets required of
every branch of a foreign banking corporation authorized to commence
business, and the date of authorization or licensing.
§ 8. Subdivision 3 of section 42 of the banking law, as amended by
chapter 553 of the laws of 1960, is amended to read as follows:
3. The name of every proposed corporation, private banker, branch of a
foreign banking corporation, licensed lender, LICENSED BUY-NOW-PAY-LATER
LENDER and licensed casher of checks to which a certificate of authori-
zation or a license has been refused and the date of notice of refusal.
§ 9. Subdivision 4 of section 42 of the banking law, as amended by
chapter 60 of the laws of 1957, is amended to read as follows:
4. The name and location of every private banker, licensed lender,
licensed casher of checks, sales finance company, LICENSED BUY-NOW-PAY-
LATER LENDER and foreign corporation the authorization certificate or
license of which has been revoked, and the date of such revocation.
§ 10. Subdivision 5 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
5. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration which has applied for leave to change its place or one of its
places of business and the places from and to which the change is
proposed to be made; the name of every banking organization which has
S. 3008--C 80 A. 3008--C
applied to change the designation of its principal office to a branch
office and to change the designation of one of its branch offices to its
principal office, and the location of the principal office which is
proposed to be redesignated as a branch office and of the branch office
which is proposed to be redesignated as the principal office.
§ 11. Subdivision 6 of section 42 of the banking law, as amended by
chapter 249 of the laws of 1968, is amended to read as follows:
6. The name of every banking organization, licensed lender, licensed
casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
ration authorized to change its place or one of its places of business
and the date when and the places from and to which the change is author-
ized to be made; the name of every banking organization authorized to
change the designation of its principal office to a branch office and to
change the designation of a branch office to its principal office, the
location of the redesignated principal office and of the redesignated
branch office, and the date of such change.
§ 12. Paragraph (a) of subdivision 1 of section 44 of the banking law,
as amended by section 4 of part L of chapter 58 of the laws of 2019, is
amended to read as follows:
(a) Without limiting any power granted to the superintendent under any
other provision of this chapter, the superintendent may, in a proceeding
after notice and a hearing, require any safe deposit company, licensed
lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed mortgage banker, licensed
student loan servicer, registered mortgage broker, licensed mortgage
loan originator, registered mortgage loan servicer or licensed budget
planner to pay to the people of this state a penalty for any violation
of this chapter, any regulation promulgated thereunder, any final or
temporary order issued pursuant to section thirty-nine of this article,
any condition imposed in writing by the superintendent in connection
with the grant of any application or request, or any written agreement
entered into with the superintendent.
§ 13. This act shall take effect on the one hundred eightieth day
after the department of financial services shall have promulgated rules
and/or regulations to effectuate the provisions of this act; provided
that the department of financial services shall notify the legislative
bill drafting commission upon the occurrence of the promulgation of the
rules and regulations necessary to effectuate and enforce the provisions
of section two of 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. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation authorized to be made by the super-
intendent pursuant to this act is authorized to be made and completed on
or before such effective date.
PART Z
Section 1. Paragraph 1 of subsection (a) of section 2904 of the insur-
ance law, as amended by chapter 128 of the laws of 2022, is amended to
read as follows:
(1) (I) On or before July first of each year, every pharmacy benefit
manager shall report to the superintendent, in a statement subscribed
S. 3008--C 81 A. 3008--C
and affirmed as true under penalties of perjury, the information
requested by the superintendent including, without limitation,
[(i)] (A) any pricing discounts, rebates of any kind, inflationary
payments, credits, clawbacks, fees, grants, chargebacks, reimbursements,
other financial or other reimbursements, incentives, inducements,
refunds or other benefits received by the pharmacy benefit manager;
[and]
[(ii)] (B) the terms and conditions of any contract or arrangement,
including other financial or other reimbursements incentives, induce-
ments or refunds between the pharmacy benefit manager and any other
party relating to pharmacy benefit management services provided to a
health plan including but not limited to, dispensing fees paid to phar-
macies[.];
(C) THE AGGREGATED DOLLAR AMOUNT OF REBATES, FEES, PRICE PROTECTION
PAYMENTS AND ANY OTHER PAYMENTS THE PHARMACY BENEFIT MANAGER RECEIVED
FROM DRUG MANUFACTURERS THROUGH REBATE CONTRACTS;
(D) THE PORTIONS OF THE AMOUNT IN CLAUSE (C) OF THIS SUBPARAGRAPH
WHICH WERE:
1. PASSED ON TO HEALTH PLANS; OR
2. RETAINED BY THE PHARMACY BENEFIT MANAGER; AND
(E) FOR EACH REBATE CONTRACT IN EFFECT DURING THE REPORTING PERIOD:
1. THE NAMES OF THE CONTRACTING PARTIES;
2. THE EXECUTION DATE AND THE TERM OF THE CONTRACT, INCLUDING EXTEN-
SIONS;
3. THE NAME OF THE DRUGS AND THE ASSOCIATED NATIONAL DRUG CODES
COVERED BY THE REBATE CONTRACT, AND FOR EACH DRUG:
(I) A SUMMARY OF THE CONTRACT TERMS REGARDING FORMULARY PLACEMENT,
FORMULARY EXCLUSION, OR PRIOR AUTHORIZATION REQUIREMENTS OR STEP EDITS,
OF ANY DRUGS CONSIDERED TO COMPETE WITH EACH DRUG;
(II) A SUMMARY OF ALL TERMS REQUIRING OR INCENTIVIZING VOLUME OR
MARKET SHARE FOR EACH DRUG, INCLUDING BASE REBATE AMOUNTS, BUNDLED
REBATES AND INCREMENTAL REBATES, STATED SEPARATELY, AND PRICE CONCES-
SION, STATED SEPARATELY FOR EACH DRUG; AND
(III) THE TOTAL NUMBER OF PRESCRIPTIONS FILLED AND UNITS DISPENSED FOR
WHICH A REBATE, DISCOUNT, PRICE CONCESSION OR OTHER CONSIDERATION WAS
RECEIVED BY THE PHARMACY BENEFIT MANAGER FOR EACH DRUG;
4. THE REBATE PERCENTAGE AND DOLLAR AMOUNT RETAINED BY THE PHARMACY
BENEFIT MANAGER FOR EVERY REBATE, DISCOUNT, PRICE CONCESSION OR OTHER
CONSIDERATION UNDER EACH REBATE CONTRACT; AND
5. THE DOLLAR AMOUNT OF ANY OTHER COMPENSATION PAID BY A DRUG MANUFAC-
TURER TO A PHARMACY BENEFIT MANAGER FOR SERVICES INCLUDING DISTRIBUTION
MANAGEMENT SERVICES, DATA OR DATA SERVICES, MARKETING OR PROMOTIONAL
SERVICES, RESEARCH PROGRAMS, OR OTHER ANCILLARY SERVICES, UNDER EACH
REBATE CONTRACT.
(II) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM "REBATE CONTRACT"
MEANS ANY AGREEMENT ENTERED INTO BY A PHARMACY BENEFIT MANAGER WITH ANY
DRUG MANUFACTURER OR AGENT OR AFFILIATE OF A DRUG MANUFACTURER THAT
DETERMINES ANY REBATE, DISCOUNT, ADMINISTRATIVE OR OTHER FEE, PRICE
CONCESSION, OR OTHER CONSIDERATION RELATED TO THE DISPENSING OF
PRESCRIPTION DRUGS FOR A HEALTH PLAN.
§ 2. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of this act, or of
any other application of any provision of this act.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
S. 3008--C 82 A. 3008--C
PART AA
Intentionally Omitted
PART BB
Intentionally Omitted
PART CC
Section 1. Paragraph 2 of subsection (b) of section 2305 of the insur-
ance law, as amended by chapter 129 of the laws of 2022, is amended to
read as follows:
(2) motor vehicle insurance, or surety bonds, required by section
three hundred seventy of the vehicle and traffic law [or], EXCEPT AS
PROVIDED IN SECTION TWO THOUSAND THREE HUNDRED TWENTY-EIGHT OF THIS
ARTICLE, article forty-four-B of the vehicle and traffic law, or article
forty of the general business law;
§ 2. Section 2328 of the insurance law, as amended by section 1 of
part NN of chapter 58 of the laws of 2024, is amended to read as
follows:
§ 2328. [Certain] FOR HIRE motor vehicle insurance rates; FLEXIBLE
RATING; prior approval. (A) AN INSURER SHALL SUBMIT TO THE SUPERINTEN-
DENT, FOR THE SUPERINTENDENT'S PRIOR APPROVAL, ITS RATES, RATING PLANS,
RATING RULES, AND RATE MANUALS APPLICABLE TO MOTOR VEHICLE INSURANCE,
INCLUDING NO-FAULT COVERAGES UNDER ARTICLE FIFTY-ONE OF THIS CHAPTER, BY
AUGUST FIRST, TWO THOUSAND TWENTY-FIVE AND AT LEAST EVERY TWO YEARS
THEREAFTER, UNLESS THE SUPERINTENDENT REQUESTS THE RATES, RATING PLANS,
RATING RULES, OR RATING MANUALS MORE FREQUENTLY. FOR RATES SUBMITTED ON
OR BEFORE AUGUST FIRST, TWO THOUSAND TWENTY-FIVE, THE SUPERINTENDENT MAY
APPROVE THE PHASING IN OF RATES THAT MEET THE STANDARDS SET FORTH IN
SECTION TWO THOUSAND THREE HUNDRED THREE OF THIS ARTICLE IF THE SUPER-
INTENDENT DETERMINES THAT IT WOULD BE IN THE BEST INTERESTS OF THE
PEOPLE OF THIS STATE.
[No] (B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, NO
changes in rates, rating plans, rating rules and rate manuals applicable
to motor vehicle insurance, including no-fault coverages under article
fifty-one of this chapter, shall be made effective until approved by the
superintendent, notwithstanding any inconsistent provisions of this
article.
(C) STARTING DECEMBER FIRST, TWO THOUSAND TWENTY-FIVE, OVERALL AVERAGE
(FOR ALL COVERAGES COMBINED) RATE LEVEL INCREASES ABOVE AN INSURER'S
RATES IN EFFECT THAT ARE UP TO A PERCENTAGE SPECIFIED IN A REGULATION
PROMULGATED BY THE SUPERINTENDENT BUT NOT TO EXCEED FIVE PERCENT DURING
ANY TWELVE-MONTH PERIOD, MAY TAKE EFFECT WITHOUT THE SUPERINTENDENT'S
PRIOR APPROVAL AFTER SUBMITTING AN INFORMATIONAL FILING PURSUANT TO
SECTION TWO THOUSAND THREE HUNDRED TEN OF THIS ARTICLE. AN INSURER
SHALL NOT IMPLEMENT MORE THAN TWO RATE INCREASES PURSUANT TO THIS
SECTION, THE TOTAL OF WHICH SHALL NOT EXCEED THE LIMITATION SPECIFIED IN
A REGULATION, DURING ANY TWELVE-MONTH PERIOD. AN INSURER ALSO SHALL NOT
IMPLEMENT A RATE INCREASE WITHIN THE LIMITATION SPECIFIED IN A REGU-
LATION UNTIL THE ONSET OF THE NEW POLICY PERIOD AND UNLESS THE INSURER,
AT LEAST THIRTY BUT NOT MORE THAN SIXTY DAYS IN ADVANCE OF THE END OF
THE POLICY PERIOD, MAILS OR DELIVERS TO THE NAMED INSURED, AT THE
S. 3008--C 83 A. 3008--C
ADDRESS SHOWN IN THE POLICY, A WRITTEN NOTICE OF ITS INTENTION TO CHANGE
THE RATE. THE SPECIFIC REASON OR REASONS FOR THE RATE CHANGE SHALL BE
STATED IN OR SHALL ACCOMPANY THE NOTICE. AN INSURER SHALL NOT IMPLEMENT
A RATE CHANGE UNDER THIS SUBSECTION WHEN THE INSURER: (1) HAS SUBMITTED
A RATE FILING UNDER SUBSECTION (A) OF THIS SECTION AND THE SUPERINTEN-
DENT HAS NOT YET APPROVED IT; OR (2) IS IN THE PROCESS OF PHASING IN ITS
RATES PURSUANT TO THE SUPERINTENDENT'S APPROVAL UNDER SUBSECTION (A) OF
THIS SECTION.
(D) THE SUPERINTENDENT SHALL MONITOR THE DEGREE AND CONTINUED EXIST-
ENCE OF COMPETITION AND THE EFFECTIVENESS OF FLEXIBLE RATING IN THIS
STATE ON AN ON-GOING BASIS. IN DOING SO, THE SUPERINTENDENT SHALL
UTILIZE THE FOLLOWING STANDARDS OR FACTORS:
(1) THE STANDARDS CONTAINED IN SECTION TWO THOUSAND THREE HUNDRED
EIGHT OF THIS ARTICLE;
(2) EXISTING RELEVANT INFORMATION, ANALYTICAL SYSTEMS AND OTHER SOURC-
ES, OR RELY ON SOME COMBINATION THEREOF;
(3) THE NUMBER OF INSURERS OR GROUP OF AFFILIATED INSURERS ACTIVELY
ENGAGED IN PROVIDING COVERAGE, TAKING INTO ACCOUNT THE SPECIALIZATION
TRADITIONALLY REQUIRED FOR INSURANCE IN THE PARTICULAR RATING TERRITORY;
(4) MEASURES OF MARKET CONCENTRATION AND CHANGES OF MARKET CONCEN-
TRATION OVER TIME, WHICH MAY INCLUDE THE USE OF HERFINDAHL-HIRSCHMAN
INDEX (HHI) AND THE UNITED STATES DEPARTMENT OF JUSTICE MERGE GUIDELINES
FOR AN UNCONCENTRATED MARKET EASE OF ENTRY, AND THE EXISTENCE OF FINAN-
CIAL OR ECONOMICAL BARRIERS THAT COULD PREVENT NEW FIRMS FROM ENTERING
THE MARKET;
(5) THE EXTENT TO WHICH ANY INSURER OR GROUP OF AFFILIATED INSURERS
CONTROLS ALL OR A DOMINANT PORTION OF THE MARKET HAS ACTIVELY SOUGHT TO
PREVENT COMPETITION;
(6) WHETHER THE TOTAL NUMBER OF COMPANIES WRITING THE LINE OF INSUR-
ANCE IN THIS STATE IS SUFFICIENT TO PROVIDE MULTIPLE OPTIONS;
(7) THE AVAILABILITY OF INSURANCE COVERAGE TO CONSUMERS;
(8) THE OPPORTUNITIES AVAILABLE TO CONSUMERS IN THE MARKET TO ACQUIRE
PRICING AND OTHER CONSUMER INFORMATION; AND
(9) ANY OTHER FACTORS RELEVANT TO INQUIRY.
SUCH ACTIVITIES MAY BE CONDUCTED INTERNALLY WITHIN THE DEPARTMENT, IN
COOPERATION WITH OTHER STATE INSURANCE DEPARTMENTS, THROUGH OUTSIDE
CONTRACTORS AND/OR IN ANY OTHER APPROPRIATE MANNER, PROVIDED THAT THE
DEPARTMENT SHALL REPORT TO THE SPEAKER OF THE ASSEMBLY, TEMPORARY PRESI-
DENT OF THE SENATE, AND GOVERNOR ON THE EFFECTIVENESS OF FLEXIBLE RATING
ON THE FOR HIRE MOTOR VEHICLE MARKET BY DECEMBER FIRST, TWO THOUSAND
TWENTY-SEVEN AND EVERY TWO YEARS THEREAFTER.
(E) This section shall apply only to policies covering losses or
liabilities arising out of ownership of a motor vehicle used principally
for the transportation of persons for hire, including a bus or a school
bus as defined in sections one hundred four and one hundred forty-two of
the vehicle and traffic law, PROVIDED, HOWEVER, THAT SUBSECTIONS (A) AND
(C) OF THIS SECTION SHALL NOT APPLY TO A BUS OR A SCHOOL BUS AS DEFINED
IN SECTIONS ONE HUNDRED FOUR AND ONE HUNDRED FORTY-TWO OF THE VEHICLE
AND TRAFFIC LAW.
§ 3. This act shall take effect immediately.
PART DD
Intentionally Omitted
S. 3008--C 84 A. 3008--C
PART EE
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 Z of chapter 58 of the
laws of 2024, 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, [2025] 2026.
§ 2. This act shall take effect immediately.
PART FF
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 AA of chapter 58 of the laws of 2024, 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, [2025] 2026, 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 GG
Section 1. Section 2 of part BB of chapter 58 of the laws of 2012
amending the public authorities law, relating to authorizing the dormi-
tory authority to enter into certain design and construction management
agreements, as amended by section 1 of part LL of chapter 58 of the laws
of 2023, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2025] 2027.
§ 2. The dormitory authority of the state of New York shall provide a
report providing information regarding any project undertaken pursuant
to a design and construction management agreement, as authorized by part
BB of chapter 58 of the laws of 2012, between the dormitory authority of
the state of New York and the department of environmental conservation
and/or the office of parks, recreation and historic preservation to the
governor, the temporary president of the senate and speaker of the
assembly. Such report shall include but not be limited to a description
of each such project, the project identification number of each such
project, if applicable, the projected date of completion, the status of
the project, the total cost or projected cost of each such project, and
the location, including the names of any county, town, village or city,
where each such project is located or proposed. In addition, such a
report shall be provided to the aforementioned parties by the first day
of March of each year that the authority to enter into such agreements
pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
S. 3008--C 85 A. 3008--C
PART HH
Intentionally Omitted
PART II
Intentionally Omitted
PART JJ
Intentionally Omitted
PART KK
Section 1. The opening paragraph of subdivision (h) of section 121 of
chapter 261 of the laws of 1988, amending the state finance law and
other laws relating to the New York state infrastructure trust fund, as
amended by section 1 of part Y of chapter 58 of the laws of 2024, is
amended to read as follows:
The provisions of sections sixty-two through sixty-six of this act
shall expire and be deemed repealed on July first, two thousand [twen-
ty-five] TWENTY-EIGHT, except that:
§ 1-a. Section 312-a of the executive law is amended by adding a new
subdivision 3 to read as follows:
3. THE DIRECTOR OF THE DIVISION OF MINORITY AND WOMEN-OWNED BUSINESS
DEVELOPMENT IS AUTHORIZED AND DIRECTED TO COMMISSION A POLICY STUDY
ANALYZING POTENTIAL WAYS TO IMPROVE THE EFFECTIVENESS OF THE STATE
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM IN ORDER TO BETTER
HELP MINORITY AND WOMEN-OWNED BUSINESSES, TO BE DELIVERED TO THE GOVER-
NOR AND LEGISLATURE. THE STUDY SHALL BE PREPARED BY AN ENTITY INDEPEND-
ENT OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND SELECTED THROUGH A
REQUEST FOR PROPOSAL PROCESS. THE PURPOSE OF SUCH STUDY SHALL BE TO
PROVIDE RECOMMENDATIONS TO FURTHER STRENGTHEN AND INCREASE THE EFFEC-
TIVENESS OF THE STATE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE
PROGRAM. THE DIRECTOR OF THE DIVISION OF MINORITY AND WOMEN'S BUSINESS
DEVELOPMENT IS DIRECTED TO TRANSMIT THE POLICY STUDY TO THE GOVERNOR AND
THE LEGISLATURE NOT LATER THAN MAY FIRST, TWO THOUSAND TWENTY-SEVEN, AND
TO POST THE STUDY ON THE WEBSITE OF THE DEPARTMENT OF ECONOMIC DEVELOP-
MENT.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 312-a of the executive law made by section
one-a of this act shall not affect the repeal of such section and shall
be deemed repealed therewith.
PART LL
Section 1. Section 214 of the state finance law, as amended by section
1 of part P of chapter 59 of the laws of 2007, is amended to read as
follows:
§ 214. Establishment and purpose; linked deposit program authori-
zation. The excelsior linked deposit program is hereby created. The
purpose of the program is to encourage and assist eligible businesses
within the state to undertake eligible projects that will materially
S. 3008--C 86 A. 3008--C
contribute to improving their performance and competitiveness. The comp-
troller is hereby authorized to use any moneys of the state the comp-
troller is authorized to invest pursuant to section ninety-eight-a of
this chapter as linked deposits for the program. Not more than [four
hundred sixty million] ONE BILLION dollars of such moneys shall be on
deposit pursuant to the program at any given time. The commissioner of
taxation and finance is hereby authorized to use funds in the linked
deposit program fund established pursuant to section ninety-two-v of
this chapter as linked deposits for the program. Not more than one
hundred million dollars from the linked deposit program fund shall be on
deposit pursuant to the program at any given time.
§ 2. This act shall take effect immediately.
PART MM
Section 1. Paragraph (d) of subdivision 6 of section 163 of the state
finance law, as amended by chapter 110 of the laws of 2024, is amended
to read as follows:
(d) state agencies may purchase commodities or services from those
certified pursuant to article fifteen-A of the executive law and article
three of the veterans' services law in an amount not exceeding [seven]
ONE MILLION FIVE hundred [fifty] thousand dollars without a formal
competitive process; and
§ 1-a. Subdivision 6-d of section 163 of the state finance law, as
amended by section 28 of part PP of chapter 56 of the laws of 2022, is
amended to read as follows:
6-d. Pursuant to the authority provided in subdivision six of this
section, state agencies shall report annually on a fiscal year basis by
July first of the ensuing year to the director of the division of minor-
ity and women-owned business development the total number and total
value of contracts awarded to businesses certified pursuant to article
fifteen-A of the executive law, and with respect to contracts awarded to
businesses certified pursuant to article three of the veterans' services
law such information shall be reported to the division of service-disa-
bled veteran-owned business enterprises for inclusion in their respec-
tive annual reports. ADDITIONALLY, SUCH REPORT FROM STATE AGENCIES
SHALL CLEARLY DISTINGUISH CONTRACTS ENTERED INTO USING THE AUTHORITY
PROVIDED UNDER PARAGRAPH (D) OF SUBDIVISION SIX OF THIS SECTION, INCLUD-
ING THE NUMBER OF CONTRACTS, THE PERCENTAGE OF THE TOTAL DOLLAR VALUE OF
CONTRACTS AWARDED TO MINORITY AND WOMEN-OWNED BUSINESS ENTITIES AND
SERVICE DISABLED AND VETERAN-OWNED BUSINESS ENTITIES RELATIVE TO THE
PREVIOUS FISCAL YEAR'S TOTAL AWARDS FOR ALL COMMODITIES AND SERVICES AND
SERVICES PURCHASES, A COMPARISON OF THE PERCENTAGE OF PROCUREMENTS
AWARDED PURSUANT TO SUCH PARAGRAPH DURING THE FISCAL YEAR RELATIVE TO
THE PERCENTAGE OF SUCH PURCHASES AWARDED IN THE PREVIOUS FISCAL YEAR, A
COMPARISON OF THE PARTICIPATION RATE AND TOTAL DOLLAR VALUE OF AWARDS TO
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED
VETERAN-OWNED BUSINESSES USING THE EXPANDED AUTHORITY UNDER SUCH PARA-
GRAPH RELATIVE TO SUCH PARTICIPATION RATE AND TOTAL DOLLAR VALUE OF
AWARDS PURSUANT TO THE PREVIOUS AUTHORIZATION LEVELS.
§ 2. Subparagraph (i) of paragraph (b) of subdivision 3 of section
2879 of the public authorities law, as amended by chapter 96 of the laws
of 2019, is amended to read as follows:
(i) for the selection of such contractors on a competitive basis, and
provisions relating to the circumstances under which the board may by
resolution waive competition, including, notwithstanding any other
S. 3008--C 87 A. 3008--C
provision of law requiring competition, the purchase of goods or
services from: (A) small business concerns [those certified as minority
or women-owned business enterprises], or SELLERS OF goods or technology
that are recycled or remanufactured, OR, FOR CORPORATIONS NOT DEFINED AS
A STATE AUTHORITY IN SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW,
THOSE CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES in an
amount not to exceed five hundred thousand dollars without a formal
competitive process, AND (B) FOR CORPORATIONS DEFINED AS A STATE AUTHOR-
ITY IN SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW THOSE CERTIFIED AS
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETER-
AN-OWNED BUSINESS ENTERPRISES FOR ANY STATE AUTHORITY AS DEFINED IN
SECTION FORTY OF THE VETERANS' SERVICES LAW, IN AN AMOUNT NOT TO EXCEED
ONE MILLION FIVE HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE
PROCESS;
§ 3. Paragraph (a) of subdivision 8 of section 2879 of the public
authorities law, as amended by chapter 96 of the laws of 2019, is
amended to read as follows:
(a) Each corporation shall annually submit its report on procurement
contracts to the division of the budget and copies thereof to the
department of audit and control, the department of economic development,
the senate finance committee and the assembly ways and means committee.
Such report shall include the total number and total dollar value of
contracts awarded to certified minority and women-owned business enter-
prises pursuant to subparagraph (i) of paragraph (b) of subdivision
three of this section, SHALL DISTINGUISH BY CONTRACT TYPE AWARDS MADE
PURSUANT TO THE AUTHORITY PROVIDED UNDER SUBPARAGRAPH (I) OF PARAGRAPH
(B) OF SUBDIVISION THREE OF THIS SECTION, AND SHALL ADDITIONALLY SPECI-
FY BY CONTRACT TYPE AWARDED PURSUANT TO CLAUSE (B) OF SUBPARAGRAPH (I)
OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION AND SPECIFY THE
TOTAL NUMBER, TOTAL DOLLAR VALUE AND THE PERCENTAGE OF THE TOTAL DOLLAR
VALUE OF CONTRACTS AWARDED TO MINORITY AND WOMEN-OWNED BUSINESS ENTITIES
AND SERVICE DISABLED AND VETERAN-OWNED BUSINESS ENTITIES FOR THE REPORT-
ING PERIOD, AS COMPARED TO THE PRIOR REPORTING YEAR. FURTHER, SUCH
REPORT SHALL SPECIFY THE TOTAL NUMBER, TOTAL DOLLAR VALUE AND PERCENTAGE
OF CONTRACTS THAT EXCEED FIVE HUNDRED THOUSAND DOLLARS AWARDED TO MINOR-
ITY AND WOMEN OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-
OWNED BUSINESSES FOR THE REPORTING PERIOD AS COMPARED TO THE PRIOR
REPORTING PERIOD.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to section 163 of the state finance law made by sections
one and one-a of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART NN
Section 1. Subsections (e) and (g) of section 7002 of the insurance
law, as amended by chapter 193 of the laws of 2022, are amended to read
as follows:
(e) "Industrial insured" means an insured:
(1) whose net worth exceeds one hundred million dollars;
(2) who is a member of a holding company system whose net worth
exceeds one hundred million dollars;
(3) who is the metropolitan transportation authority and its statutory
subsidiaries. When filing an application to form a pure captive insur-
ance company the metropolitan transportation authority shall submit
S. 3008--C 88 A. 3008--C
written notice of such filing to the governor, the temporary president
of the senate and the speaker of the assembly;
(4) who is the power authority of the state of New York and any statu-
tory subsidiary thereof. When filing an application to form a pure
captive insurance company the power authority shall submit written
notice of such filing to the governor, the temporary president of the
senate and the speaker of the assembly; [or]
(5) WHO IS THE NEW YORK CONVENTION CENTER OPERATING CORPORATION, OR
ANY STATUTORY SUBSIDIARY THEREOF FORMED PURSUANT TO SECTION TWENTY-FIVE
HUNDRED SIXTY-FOUR OF THE PUBLIC AUTHORITIES LAW. WHEN FILING AN APPLI-
CATION TO FORM A PURE CAPTIVE INSURANCE COMPANY, THE CORPORATION SHALL
SUBMIT WRITTEN NOTICE OF SUCH FILING TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY; OR
(6) who is a city with a population of one million or more. When
filing an application to form a pure captive insurance company, a city
with a population of one million or more shall submit written notice of
such filing to the governor, the temporary president of the senate and
the speaker of the assembly.
(g) "Industrial insured group" means any group of unaffiliated indus-
trial insureds that are engaged in similar or related businesses or
activities, however, the metropolitan transportation authority, the
power authority of the state of New York, THE NEW YORK CONVENTION CENTER
OPERATING CORPORATION and any statutory subsidiary thereof and cities
with a population of one million or more shall not be a member of an
industrial insured group, and that collectively:
(1) own, control or hold with power to vote all of the outstanding
voting shares of stock of a group captive insurance company incorporated
as a stock insurer; or
(2) represent one hundred percent of the voting members of a group
captive insurance company organized as a mutual insurer.
§ 2. Subdivisions 2 and 3 of section 2564 of the public authorities
law, subdivision 2 as amended by chapter 3 of the laws of 2004 and
subdivision 3 as added by chapter 35 of the laws of 1979, are amended
and a new subdivision 4 is added to read as follows:
2. To approve the plan and design of the convention center project as
required by a chapter of the laws of nineteen hundred seventy-nine and
the plan and design of the expansion project and any convention hotel
financed by [the] chapter THREE of the laws of two thousand four [which
amended this subdivision]; [and]
3. To transfer or otherwise make available to the subsidiary of New
York state urban development corporation organized pursuant to said
chapter of the laws of nineteen hundred seventy-nine, without consider-
ation and when and as requested by said subsidiary, any or all rights,
property and assets which shall have been transferred to the corporation
pursuant to section twenty-two-a of chapter ten hundred eleven of the
laws of nineteen hundred seventy-one as added by section eighteen of
said chapter of the laws of nineteen hundred seventy-nine[.]; AND
4. TO ESTABLISH A SUBSIDIARY FOR THE PURPOSES OF FORMING A PURE
CAPTIVE INSURANCE COMPANY AS PROVIDED IN SECTION SEVEN THOUSAND TWO OF
THE INSURANCE LAW. PRIOR TO FORMING SUCH CAPTIVE INSURANCE COMPANY, THE
CORPORATION OR ITS SUBSIDIARY SHALL COMPLETE A FEASIBILITY STUDY INCLUD-
ING, BUT NOT LIMITED TO, AN ANALYSIS OF THE ACTUARIAL RISKS AND FEASI-
BILITY ASSOCIATED WITH THE CREATION OF THE INSURANCE CAPTIVE, A MEASURE-
MENT OF VALUE OF SUCH INSURANCE CAPTIVES RELATIVE TO FINANCING RISK
UTILIZING COMMERCIAL INSURANCE OR SELF-FINANCING, INCLUDING IN THE
AGGREGATE AND BY RESPECTIVE INSURANCE TYPE, THE ADVANTAGES AND DISADVAN-
S. 3008--C 89 A. 3008--C
TAGES OF POTENTIAL INSURANCE CAPTIVE STRUCTURES, AND A DOMICILE ANALY-
SIS. SUCH FEASIBILITY STUDY SHALL BE PROVIDED TO THE TEMPORARY PRESIDENT
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR UPON
COMPLETION, AND SHALL BE CONDUCTED BY AN INDEPENDENT RISK CONSULTANT
FIRM OR CAPTIVE INSURANCE BROKER LICENSED BY THE STATE TO PERFORM SUCH
DUTIES. SUCH RELATED RISK CONSULTANT FIRM, CAPTIVE INSURANCE BROKER, OR
ANY SUBSIDIARIES OR AFFILIATES THEREOF SHALL BE PROHIBITED FROM PROVID-
ING ANY MANAGEMENT SERVICES FOR THE CAPTIVE INSURANCE COMPANY FOR THE
CORPORATION FOR NO LESS THAN FIVE YEARS FROM THE DATE OF COMPLETING THE
STUDY.
§ 3. Subdivision (a) of section 1500 of the tax law, as amended by
chapter 193 of the laws of 2022, is amended to read as follows:
(a) The term "insurance corporation" includes a corporation, associ-
ation, joint stock company or association, person, society, aggregation
or partnership, by whatever name known, doing an insurance business,
and, notwithstanding the provisions of section fifteen hundred twelve of
this article, shall include (1) a risk retention group as defined in
subsection (n) of section five thousand nine hundred two of the insur-
ance law, (2) the state insurance fund and (3) a corporation, associ-
ation, joint stock company or association, person, society, aggregation
or partnership doing an insurance business as a member of the New York
insurance exchange described in section six thousand two hundred one of
the insurance law. The definition of the "state insurance fund"
contained in this subdivision shall be limited in its effect to the
provisions of this article and the related provisions of this chapter
and shall have no force and effect other than with respect to such
provisions. The term "insurance corporation" shall also include a
captive insurance company doing a captive insurance business, as defined
in subsections (c) and (b), respectively, of section seven thousand two
of the insurance law; provided, however, "insurance corporation" shall
not include the metropolitan transportation authority, the power author-
ity of New York or any statutory subsidiary thereof, THE NEW YORK
CONVENTION CENTER OPERATING CORPORATION OR ANY STATUTORY SUBSIDIARY
THEREOF, or a public benefit corporation or not-for-profit corporation
formed by a city with a population of one million or more pursuant to
subsection (a) of section seven thousand five of the insurance law, each
of which is expressly exempt from the payment of fees, taxes or assess-
ments, whether state or local; and provided further "insurance corpo-
ration" does not include any combinable captive insurance company. The
term "insurance corporation" shall also include an unauthorized insurer
operating from an office within the state, pursuant to paragraph five of
subsection (b) of section one thousand one hundred one and subsection
(i) of section two thousand one hundred seventeen of the insurance law.
The term "insurance corporation" also includes a health maintenance
organization required to obtain a certificate of authority under article
forty-four of the public health law.
§ 4. Subdivision (a) of section 1502-b of the tax law, as amended by
chapter 193 of the laws of 2022, is amended to read as follows:
(a) In lieu of the taxes and tax surcharge imposed by sections fifteen
hundred one, fifteen hundred two-a, fifteen hundred five-a, and fifteen
hundred ten of this article, every captive insurance company licensed by
the superintendent of financial services pursuant to the provisions of
article seventy of the insurance law, other than the metropolitan trans-
portation authority, the power authority of New York or any statutory
subsidiary thereof, THE NEW YORK CONVENTION CENTER OPERATING CORPORATION
OR ANY STATUTORY SUBSIDIARY THEREOF, and a public benefit corporation or
S. 3008--C 90 A. 3008--C
not-for-profit corporation formed by a city with a population of one
million or more pursuant to subsection (a) of section seven thousand
five of the insurance law, each of which is expressly exempt from the
payment of fees, taxes or assessments whether state or local, and other
than combinable captive insurance company, shall, for the privilege of
exercising its corporate franchise, pay a tax on (1) all gross direct
premiums, less return premiums thereon, written on risks located or
resident in this state and (2) all assumed reinsurance premiums, less
return premiums thereon, written on risks located or resident in this
state. The rate of the tax imposed on gross direct premiums shall be
four-tenths of one percent on all or any part of the first twenty
million dollars of premiums, three-tenths of one percent on all or any
part of the second twenty million dollars of premiums, two-tenths of one
percent on all or any part of the third twenty million dollars of premi-
ums, and seventy-five thousandths of one percent on each dollar of
premiums thereafter. The rate of the tax on assumed reinsurance premiums
shall be two hundred twenty-five thousandths of one percent on all or
any part of the first twenty million dollars of premiums, one hundred
and fifty thousandths of one percent on all or any part of the second
twenty million dollars of premiums, fifty thousandths of one percent on
all or any part of the third twenty million dollars of premiums and
twenty-five thousandths of one percent on each dollar of premiums there-
after. The tax imposed by this section shall be equal to the greater of
(i) the sum of the tax imposed on gross direct premiums and the tax
imposed on assumed reinsurance premiums or (ii) five thousand dollars.
§ 5. This act shall take effect immediately.
PART OO
Intentionally Omitted
PART PP
Section 1. Subdivision 11 of section 27-1901 of the environmental
conservation law, as added by section 3 of part V1 of chapter 62 of the
laws of 2003, is amended to read as follows:
11. "Tire service" means any person or business [in New York state]
who sells or installs new tires for use on any vehicle and any person or
business who engages in the retail sale of new motor vehicles. [A person
who is not the end point of sale and any governmental agency or poli-
tical subdivision are excluded from this term] THE UNITED STATES OF
AMERICA AND ANY OF ITS AGENCIES AND INSTRUMENTALITIES, AND NEW YORK
STATE AND ANY OF ITS AGENCIES, INSTRUMENTALITIES, PUBLIC CORPORATIONS,
OR POLITICAL SUBDIVISIONS ARE EXCLUDED FROM THIS TERM.
§ 2. Section 27-1905 of the environmental conservation law, as amended
by section 1 of part E1 of chapter 63 of the laws of 2003, subdivision 1
and the opening paragraph of subdivision 2 as amended by section 1 of
part MM of chapter 58 of the laws of 2022, subdivision 2 as amended by
section 1 of part T of chapter 58 of the laws of 2016 and subdivision 3
as added by chapter 200 of the laws of 2008, is amended to read as
follows:
§ 27-1905. Mandatory tire acceptance; NOTICES.
[Any tire service shall:]
S. 3008--C 91 A. 3008--C
1. [Until] A TIRE SERVICE THAT MAINTAINS A PHYSICAL RETAIL LOCATION IN
THE STATE SHALL, UNTIL December thirty-first, two thousand [twenty-
five,] TWENTY-SEVEN:
(A) accept from a customer, waste tires of approximately the same size
and in a quantity equal to the number of new tires purchased or
installed by the customer; [and
2. Until December thirty-first, two thousand twenty-five,]
(B) post written notice in a prominent location, which must be at
least eight and one-half inches by fourteen inches in size and contain
the following language:
"New York State law requires us to accept and manage waste tires from
vehicles in exchange for an equal number of new tires that we sell or
install. Tire retailers are required to charge a separate and distinct
waste tire management and recycling fee of $2.50 for each new tire sold.
The retailers in addition are authorized, at their sole discretion, to
pass on waste tire management and recycling costs to tire purchasers.
Such costs may be included as part of the advertised price of the new
tire, or charged as a separate per-tire charge in an amount not to
exceed $2.50 on each new tire sold."
The written notice shall also contain one of the following statements
at the end of the aforementioned language and as part of the notice,
which shall accurately indicate the manner in which the tire service
charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:
"Our waste tire management and recycling costs are included in the
advertised price of each new tire.", or
"We charge a separate per-tire charge of $____ on each new tire sold
that will be listed on your invoice to cover our waste tire management
and recycling costs."; AND
[3. Any] (C) ENSURE THAT ANY retail advertisement of promotional mate-
rial provided by or on behalf of the tire service that lists a tire
price which does not include waste tire management and recycling costs
[shall contain] CONTAINS one of the following statements conspicuously
located in or on the advertisement and in the same font as the adver-
tised price of the tire: "Additional fees relating to tire management
and recycling costs may apply," or, "We charge a separate per-tire
charge of $____ on each new tire sold that will be listed on your
invoice to cover our waste tire management and recycling costs where
applicable." Where the latter statement is used, it shall list the
amount of the separate per-tire charge.
2. A TIRE SERVICE THAT DOES NOT MAINTAIN A PHYSICAL RETAIL LOCATION IN
THE STATE SHALL, UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN
MAKE VIEWABLE TO A CUSTOMER IN THE STATE A STATEMENT, PRIOR TO THE
PURCHASE OF NEW TIRES, THAT CONTAINS THE FOLLOWING LANGUAGE:
"NEW YORK STATE LAW REQUIRES TIRE RETAILERS TO CHARGE A SEPARATE AND
DISTINCT WASTE TIRE MANAGEMENT AND RECYCLING FEE OF $2.50 FOR EACH NEW
TIRE SOLD."
§ 3. Subdivisions 1, 2 and 3 of section 27-1913 of the environmental
conservation law, subdivisions 1 and 2 as amended by section 2 and
subdivision 3 as amended by section 3 of part MM of chapter 58 of the
laws of 2022, are amended to read as follows:
1. Until December thirty-first, two thousand [twenty-five] TWENTY-SEV-
EN, a waste tire management and recycling fee of two dollars and fifty
cents shall be charged on each new tire sold. The fee shall be paid by
the purchaser to the tire service at the time the new tire or new motor
vehicle is purchased; PROVIDED, HOWEVER, THAT THE FEE SHALL BE PAID BY A
S. 3008--C 92 A. 3008--C
PURCHASER TO A TIRE SERVICE UPON INSTALLATION OF NEW TIRES UNLESS THE
PURCHASER CAN DEMONSTRATE THAT THE FEE WAS PREVIOUSLY PAID TO THE
SELLER.
The waste tire management and recycling fee does not apply to[:
(a)] recapped [or resold] tires[;
(b) mail-order sales; or
(c) the sale of new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this state is
subject to such fee].
2. Until December thirty-first, two thousand [twenty-five] TWENTY-SEV-
EN, the tire service shall collect the waste tire management and recycl-
ing fee from the purchaser at the time of the sale and shall remit such
fee to the department of taxation and finance with the quarterly report
filed pursuant to subdivision three of this section.
(a) The fee imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
(b) [The] A tire service THAT MAINTAINS A PHYSICAL RETAIL LOCATION IN
THE STATE shall be entitled to retain an allowance of twenty-five cents
per tire from fees collected.
3. Each tire service [maintaining a place of business in this state]
THAT IS A "PERSON REQUIRED TO COLLECT TAX" AS DEFINED IN SECTION ELEVEN
HUNDRED THIRTY-ONE OF THE TAX LAW shall make a return to the department
of taxation and finance on such form and including such information as
the commissioner of taxation and finance may require. Such returns shall
be due at the same time and for the same periods as the sales tax return
of such tire service, in accordance with section eleven hundred thirty-
six of the tax law, and payment of all fees due for such periods shall
be remitted with such returns.
§ 4. Paragraph (a) of subdivision 6 of section 27-1913 of the environ-
mental conservation law, as amended by section 2 of part MM of chapter
58 of the laws of 2022, is amended to read as follows:
(a) Until December thirty-first, two thousand [twenty-five] TWENTY-
SEVEN, any additional waste tire management and recycling costs of the
tire service in excess of the amount authorized to be retained pursuant
to paragraph (b) of subdivision two of this section may be included in
the published selling price of the new tire, or charged as a separate
per-tire charge on each new tire sold. When such costs are charged as a
separate per-tire charge: (i) such charge shall be stated as an invoice
item separate and distinct from the selling price of the tire; (ii) the
invoice shall state that the charge is imposed at the sole discretion of
the tire service; and (iii) the amount of such charge shall reflect the
actual cost to the tire service for the management and recycling of
waste tires accepted by the tire service pursuant to section 27-1905 of
this title, provided however, that in no event shall such charge exceed
two dollars and fifty cents on each new tire sold.
§ 5. This act shall take effect September 1, 2025.
PART QQ
Section 1. Section 2 of part ZZ of chapter 55 of the laws of 2021
amending the environmental conservation law relating to establishing a
deer hunting pilot program, as amended by section 2 of part RR of chap-
ter 58 of the laws of 2023, is amended to read as follows:
§ 2. This act shall take effect June 1, 2021 and shall expire and be
deemed repealed December 31, [2025] 2028.
§ 2. This act shall take effect immediately.
S. 3008--C 93 A. 3008--C
PART RR
Section 1. Section 27-1301 of the environmental conservation law is
amended by adding five new subdivisions 8, 9, 10, 11 and 12 to read as
follows:
8. "NATURAL RESOURCE DAMAGES" MEANS THE AMOUNT OF MONEY SOUGHT AS
COMPENSATION FOR INJURY TO, DESTRUCTION OF, OR LOSS OF NATURAL
RESOURCES, INCLUDING THE REASONABLE COSTS OF ASSESSING SUCH INJURY,
DESTRUCTION, OR LOSS RESULTING FROM THE DISPOSAL OF HAZARDOUS WASTE AT
AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE. DAMAGES MAY ALSO INCLUDE THE
VALUE OF THE NATURAL RESOURCE SERVICES LOST FOR THE TIME PERIOD FROM THE
DISPOSAL UNTIL THE ATTAINMENT OF SUCH RESTORATION, REHABILITATION,
REPLACEMENT, AND/OR ACQUISITION OF EQUIVALENT NATURAL RESOURCES.
9. "NATURAL RESOURCES" MEANS LAND, FISH, WILDLIFE, BIOTA, AIR, WATER,
AND OTHER SUCH RESOURCES BELONGING TO, MANAGED BY, HELD IN TRUST BY,
APPERTAINING TO, OR OTHERWISE CONTROLLED BY THE STATE OR A MUNICIPALITY.
10. "RESPONSE COSTS" MEANS THE STATE'S COSTS OF DEVELOPING, IMPLEMENT-
ING, AND/OR OVERSEEING AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE REMEDI-
AL PROGRAM.
11. "RESPONSIBLE PERSON" OR "PERSON RESPONSIBLE" FOR THE DISPOSAL OF
HAZARDOUS WASTE AT A SITE MEANS:
(A) ANY PERSON WHO CURRENTLY OWNS OR OPERATES A SITE OR ANY PORTION
THEREOF EXCEPT FOR A VOLUNTEER, AS DEFINED IN SUBDIVISION ONE OF SECTION
27-1405 OF THIS ARTICLE, THAT IS PARTICIPATING UNDER A BROWNFIELD CLEAN-
UP AGREEMENT PURSUANT TO SECTION 27-1407 OF THIS ARTICLE, THAT IS IN
FULL COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER WITH RESPECT THER-
ETO, AND IS NOT ENGAGING WITH THE DEPARTMENT IN BAD FAITH WITH RESPECT
TO ANY PROVISIONS OF THIS TITLE;
(B) ANY PERSON WHO OWNED OR OPERATED A SITE OR ANY PORTION THEREOF AT
THE TIME OF DISPOSAL OF THE HAZARDOUS WASTE;
(C) ANY PERSON WHO GENERATED ANY HAZARDOUS WASTE DISPOSED AT A SITE;
(D) ANY PERSON WHO TRANSPORTED ANY HAZARDOUS WASTE TO A SITE SELECTED
BY SUCH PERSON;
(E) ANY PERSON WHO DISPOSED OF ANY HAZARDOUS WASTE AT A SITE;
(F) ANY PERSON WHO ARRANGED FOR:
(I) THE TRANSPORTATION OF ANY HAZARDOUS WASTE TO A SITE; OR
(II) THE DISPOSAL OF ANY HAZARDOUS WASTE AT A SITE; AND
(G) ANY OTHER PERSON WHO IS RESPONSIBLE ACCORDING TO THE APPLICABLE
PRINCIPLES OF STATUTORY OR COMMON LAW LIABILITY PURSUANT TO SUBDIVISION
FOUR OF SECTION 27-1313 OF THIS TITLE AND/OR THE COMPREHENSIVE ENVIRON-
MENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ("CERCLA"), 42 U.S.C. §
9601 ET SEQ.
12. "DISADVANTAGED COMMUNITY" SHALL HAVE THE SAME MEANING AS SUBDIVI-
SION FIVE OF SECTION 75-0101 OF THIS CHAPTER.
§ 2. Subdivisions 1, 2 and 3 of section 27-1303 of the environmental
conservation law, as added by chapter 282 of the laws of 1979 and subdi-
vision 1 as amended by section 2 of part E of chapter 1 of the laws of
2003, are amended to read as follows:
1. a. For a period of one year after the effective date of the chapter
of the laws of two thousand three designating and amending this para-
graph, each county shall, for the purpose of locating inactive hazardous
waste disposal sites, as that term was defined on January first, two
thousand three, survey its jurisdiction to determine the existence and
location of suspected inactive hazardous waste disposal sites and shall
annually thereafter submit a report to the department describing the
location of each such suspected site and the reasons for such suspicion.
S. 3008--C 94 A. 3008--C
b. Commencing one year after the effective date of this paragraph,
each county shall, for the purpose of locating inactive hazardous waste
disposal sites, survey its jurisdiction to determine the existence and
location of suspected inactive hazardous waste disposal sites and shall,
AFTER CONSULTATION WITH ALL CITIES, TOWNS, AND VILLAGES WITHIN ITS
JURISDICTION, annually thereafter submit a report to the department
describing the location of each such suspected site and the reasons for
such suspicion.
2. Each county, AFTER CONSULTATION WITH ALL CITIES, TOWNS, AND
VILLAGES WITHIN ITS JURISDICTION, shall review the information concern-
ing such county in the registry established pursuant to section 27-1305
of this article and shall, on or before September first, nineteen
hundred eighty, and annually thereafter on the first day of September of
each succeeding year, provide the department with any information which
might correct or supplement the information in such registry with
respect to suspected inactive hazardous waste disposal sites within the
jurisdiction of such county.
3. [Nothing contained within this section shall (a) preclude a county
from cooperating] COUNTIES SHALL COOPERATE AND COORDINATE with local
jurisdictions, regional organizations or state agencies to fulfill its
responsibilities under subdivisions one and two of this section [or
(b)]. NOTHING CONTAINED WITHIN THIS SECTION SHALL reduce the powers or
responsibilities of any county, other local jurisdiction, regional
organization or state agency to identify, investigate, assess or monitor
any inactive hazardous waste disposal site.
§ 3. The opening paragraph and paragraphs b and o of subdivision 1,
paragraph b, subparagraphs 2, 4 and 5 of paragraph c, and paragraph e of
subdivision 2 of section 27-1305 of the environmental conservation law,
as amended by section 3 of part E of chapter 1 of the laws of 2003, are
amended, and two new subdivisions 5 and 6 are added to read as follows:
The department shall maintain and make available for public
inspection, either at each of its regional offices and regional sub-off-
ices, at the office of the county clerk or register for each county and
at the office of the town clerk for each town in Suffolk and Nassau
counties, or on its [homepage on the internet] WEBSITE, a registry of
inactive hazardous waste disposal sites in such region or, with respect
to the office of the county clerk or register, in such county, OR WITH
RESPECT TO ITS WEBSITE, THE ENTIRE STATE. The department shall provide a
written copy upon requests by any person. The department shall take all
necessary action to ensure that the registry provides a complete and
up-to-date listing of all such sites within the region. The department
shall, on or before January first, two thousand four, and annually ther-
eafter, transmit the updated registry to the legislature and the gover-
nor. A notice of the availability of the updated registry shall be sent
to the department of health and the chief executive officer of every
county. Upon identification of an inactive hazardous waste disposal site
not included in the registry for the immediately preceding year, the
department shall notify in writing the chief executive officer of each
county, city, town and village and the public water supplier which
services the area in which such site is located that such site has been
so identified. For the purposes of this section, "water supplier" shall
mean any public water system as such term is defined for the purposes of
the sanitary code of the state of New York as authorized by section two
hundred twenty-five of the public health law. Such registry shall
include but need not be limited to those items among the following which
the commissioner determines to be necessary:
S. 3008--C 95 A. 3008--C
b. Address and site boundaries including tax map parcel numbers or
section, block and lot numbers, AND IF THE SITE IS LOCATED WITHIN A
DISADVANTAGED COMMUNITY;
o. Proximity of the site to private residences, public buildings or
property, school, DAYCARE, MEDICAL, OR SENIOR CARE facilities, places of
work or other areas where individuals may be present, OR LOCATION WITHIN
A DISADVANTAGED COMMUNITY; and
b. (1) ASSESSMENT AND CLASSIFICATION. The department shall, as part of
the registry, assess and, based upon new information received, reassess
by March thirty-first of each year, in cooperation with the department
of health, the relative need for action at each site to remedy environ-
mental and health problems resulting from the presence of hazardous
wastes at such sites INCLUDING IN SUCH ASSESSMENT WHETHER SITES SHALL BE
PRIORITIZED UNDER SUBDIVISION FIVE OF THIS SECTION DUE TO SITE LOCATION
IN AN AREA IDENTIFIED AS A DISADVANTAGED COMMUNITY; provided, however,
that if at the time of such assessment or reassessment, the department
has not placed a site in classification 1 or 2, as described in [subpar-
agraphs one and two] CLAUSES (I) AND (II) of this [paragraph] SUBPARA-
GRAPH, and such site is the subject of negotiations for, or implementa-
tion of, a brownfield site cleanup agreement pursuant to title fourteen
of this article, obligating the person subject to such agreement to, at
a minimum, eliminate or mitigate all significant threats to the public
health and environment posed by the hazardous waste pursuant to such
agreement, the department shall defer its assessment or reassessment
during the period such person is engaged in good faith negotiations to
enter into such an agreement and, following its execution, is in compli-
ance with the terms of such agreement, and shall assess or reassess such
site upon completion of remediation to the department's satisfaction. In
making its assessments, the department shall place every site in one of
the following classifications:
[(1)] (I) Causing or presenting an imminent danger of causing irre-
versible or irreparable damage to the public health or environment--
immediate action required;
[(2)] (II) Significant threat to the public health or environment--ac-
tion required;
[(3)] (III) Does not present a significant threat to the public health
or environment--action may be deferred;
[(4)] (IV) Site properly closed--requires continued management;
[(5)] (V) Site properly closed, no evidence of present or potential
adverse impact--no further action required.
(2) PRIORITIZATION. THE DEPARTMENT SHALL, IN ACCORDANCE WITH SUBDIVI-
SION FIVE OF THIS SECTION, PRIORITIZE REMEDIAL PROGRAMS AT SITES PLACED
IN CLASSIFICATION 1 OR 2, AS DESCRIBED IN CLAUSES (I) AND (II) OF
SUBPARAGRAPH ONE OF THIS PARAGRAPH, THAT ARE LOCATED IN DISADVANTAGED
COMMUNITIES, CONSISTENT WITH THE PROTECTION OF PUBLIC HEALTH AND THE
ENVIRONMENT.
(2) Within ninety days after the submittal of such petition, the
commissioner may convene an administrative hearing to determine whether
a particular site should be deleted from the registry, receive a modi-
fied site classification or whether any information regarding the site
should be modified. In any such hearing the burden of proof shall be on
the petitioner. No less than thirty days prior to the hearing the
commissioner shall cause a notice of hearing to be published in the next
available environmental notice bulletin, ON THE DEPARTMENT'S WEBSITE,
and in a newspaper of general circulation in the county in which the
site is located. The commissioner shall also notify in writing any owner
S. 3008--C 96 A. 3008--C
or operator of the site, AS WELL AS THE OWNERS OF RECORD OF ADJACENT
PROPERTIES, no less than thirty days prior to the hearing. The cost of
any such hearing, including the cost of any public notification, shall
be at the petitioner's expense.
(4) The commissioner may not delete any site from the registry without
providing public notice no less than sixty days prior to the proposed
deletion. Such notice of deletion shall be published in the next avail-
able environmental notice bulletin, ON THE DEPARTMENT'S WEBSITE, and in
a newspaper of general circulation in the county in which the site is
located. The commissioner shall also notify in writing any owner or
operator of the site, if applicable, no less than sixty days prior to
the proposed deletion. The commissioner shall provide a thirty-day peri-
od for submission of written comments and [may provide] an opportunity
for submission of oral comments at a public meeting at or near the site.
The commissioner shall summarize any comments received and make the
summary available to the public ON THE DEPARTMENT'S WEBSITE. The
commissioner may convene an administrative hearing to determine whether
a particular site should be deleted from the registry, receive a modi-
fied site classification or whether any information regarding the site
should be modified.
(5) The department shall notify, as soon as possible and within avail-
able resources all public repositories of the registry, INCLUDING UPDAT-
ING ITS WEBSITE, of any modifications or deletions to such registry. The
department shall also note any such deletions or modifications in the
next annual report and publication of the registry.
e. The department shall, in consultation with the department of
health, evaluate existing site evaluation systems and shall develop a
system to select and prioritize sites for remedial action. Such system
shall incorporate environmental, natural resource and public health
concerns, AND A SITE'S LOCATION WITHIN A DISADVANTAGED COMMUNITY.
5. SITE CLEANUP PRIORITIZATION. THE DEPARTMENT SHALL, NO LATER THAN
JANUARY FIRST, TWO THOUSAND TWENTY-SIX, SUBMIT TO THE GOVERNOR AND
LEGISLATURE AND PUBLISH ON ITS WEBSITE SITE CLEANUP PRIORITIZATION
CRITERIA. THE DEPARTMENT SHALL REVIEW AND UPDATE CRITERIA AS NECESSARY.
THE DEPARTMENT SHALL DESCRIBE THE CRITERIA AND PROCESSES IT USES TO
DETERMINE THE RELATIVE PRIORITIZATION OF SITES, AND AN EXPLANATION OF
THE RATIONALE OF SUCH CRITERIA AND PROCESSES. IN PREPARING AND UPDATING
SUCH CRITERIA, THE DEPARTMENT SHALL CONSIDER THE EFFECTS ON THE HEALTH,
ENVIRONMENT AND ECONOMY OF THE STATE, WITH PARTICULAR CONSIDERATION FOR
THE EFFECTS ON DISADVANTAGED COMMUNITIES.
6. STATUS REPORT. THE DEPARTMENT NO LATER THAN DECEMBER THIRTY-FIRST
OF EACH YEAR, SHALL, USING THE INFORMATION AVAILABLE TO IT, SUBMIT TO
THE GOVERNOR AND LEGISLATURE, AND MAKE PUBLIC ON THE DEPARTMENT'S
WEBSITE AN INACTIVE HAZARDOUS WASTE REMEDIAL PROGRAM STATUS REPORT FOR
THE PREVIOUS FISCAL YEAR. SUCH REPORT SHALL INCLUDE A STATUS UPDATE OF
ALL REGISTERED SITES AND AN ACCOUNTING OF ALL MONIES EXPENDED OR ENCUM-
BERED FROM THE ENVIRONMENTAL QUALITY BOND ACT OF NINETEEN HUNDRED EIGHT-
Y-SIX, THE HAZARDOUS WASTE REMEDIAL FUND, THE DEPARTMENT'S NATURAL
RESOURCE DAMAGES FUND, OR ANY OTHER MONIES OTHERWISE APPROPRIATED FOR
THE IMPLEMENTATION OF THIS TITLE, DURING THE PRECEDING FISCAL YEAR, SUCH
ACCOUNTING TO SEPARATELY LIST:
(I) MONIES EXPENDED OR ENCUMBERED FOR THE PURPOSE OF CONDUCTING SITE
INVESTIGATIONS;
(II) MONIES EXPENDED OR ENCUMBERED FOR THE PURPOSE OF CONDUCTING REME-
DIAL INVESTIGATIONS AND FEASIBILITY STUDIES;
S. 3008--C 97 A. 3008--C
(III) MONIES EXPENDED OR ENCUMBERED FOR THE PURPOSE OF CONDUCTING
REMEDIAL DESIGN STUDIES;
(IV) MONIES EXPENDED OR ENCUMBERED FOR THE PURPOSE OF CONDUCTING REME-
DIAL CONSTRUCTION ACTIVITIES;
(V) MONIES EXPENDED OR ENCUMBERED FOR OPERATION, MAINTENANCE, AND
MONITORING ACTIVITIES;
(VI) MONIES EXPENDED OR ENCUMBERED FOR INTERIM REMEDIAL MEASURES;
(VII) MONIES EXPENDED OR ENCUMBERED FOR OVERSIGHT ACTIVITIES, INCLUD-
ING PERSONNEL AND CONTRACTOR COSTS, AT INACTIVE HAZARDOUS WASTE DISPOSAL
SITES;
(VIII) MONIES EXPENDED OR ENCUMBERED IN STAND-BY CONTRACTS ENTERED
INTO PURSUANT TO SECTION 3-0309 OF THIS CHAPTER AND THE PURPOSES FOR
WHICH THESE STAND-BY CONTRACTS WERE ENTERED INTO;
(IX) AN ACCOUNTING OF PAYMENTS RECEIVED AND PAYMENTS OBLIGATED TO BE
RECEIVED PURSUANT TO THIS TITLE, AND A REPORT OF THE DEPARTMENT'S
ATTEMPTS TO SECURE SUCH OBLIGATIONS; AND
(X) AN ACCOUNTING OF ALL RESPONSE COSTS RECOVERED STATEWIDE AND
NATURAL RESOURCE DAMAGES RECOVERED AT EACH SITE, INCLUDING THROUGH
SETTLEMENT OR AGREEMENT, COMMISSIONER ORDER, JUDICIAL DETERMINATION AND
AWARD, A REQUIRED INSTRUMENT OF FINANCIAL RESPONSIBILITY, OR AN ENVIRON-
MENTAL LIEN.
§ 4. Paragraphs b, c and f of subdivision 5 and subdivision 7 of
section 27-1313 of the environmental conservation law, paragraph b of
subdivision 5 and subdivision 7 as amended and paragraphs c and f of
subdivision 5 as added by chapter 857 of the laws of 1982, are amended
to read as follows:
b. In the event that the commissioner has found that hazardous wastes
at a site constitute a significant threat to the environment, but after
a reasonable attempt to determine who may be responsible is either
unable to determine who may be responsible, or is unable to locate a
person who may be responsible, the department may develop and implement
an inactive hazardous waste disposal site remedial program for such
site. THE DEPARTMENT SHALL PRIORITIZE IMPLEMENTATION OF REMEDIAL
PROGRAMS IN ACCORDANCE WITH SUBDIVISION FIVE OF SECTION 27-1305 OF THIS
TITLE. The commissioner shall make every effort, in accordance with the
requirements for notice, hearing and review provided for in this title,
to secure appropriate relief from any person subsequently identified or
located who is responsible for the disposal of hazardous waste at such
site, including, but not limited to[, development and implementation of
an inactive hazardous waste disposal site remedial program, payment of
the cost of such a program, recovery of any reasonable expenses incurred
by the state, money damages] RESPONSE COSTS, NATURAL RESOURCE DAMAGES
and penalties.
c. (I) Whenever the commissioner has made findings pursuant to para-
graph b of subdivision three of this section or the commissioner of
health has made a declaration and finding pursuant to paragraph (b) of
subdivision three of section one thousand three hundred eighty-nine-b of
the public health law, the department may develop and implement an inac-
tive hazardous waste disposal site remedial program to contain, allevi-
ate or end the threat to life or health or to the environment. The costs
incurred by the department in developing and implementing such a program
shall be in an amount commensurate with the actions the department deems
necessary to eliminate such danger. In determining the scope, nature and
content of such program, the department shall consider among others, the
following factors:
[(i)] (A) the technological feasibility of all actions;
S. 3008--C 98 A. 3008--C
[(ii)] (B) the nature of the danger to human health and the environ-
ment which the actions are designed to address; and
[(iii)] (C) the extent to which the actions would reduce such danger
to human health or the environment or would otherwise benefit human
health or the environment, INCLUDING IF THE ACTIONS WOULD BENEFIT A
DISADVANTAGED COMMUNITY.
(II) IN IMPLEMENTING THIS TITLE, THE DEPARTMENT SHALL CONSULT WITH
APPROPRIATE REPRESENTATIVES OF INDIAN NATIONS ON ENVIRONMENTAL AND
CULTURAL RESOURCE ISSUES RELATED TO THIS TITLE OF CONCERN TO EITHER THE
DEPARTMENT OR INDIAN NATIONS.
f. The commissioner shall make every effort, in accordance with the
requirements for notice, hearing and review provided for in this title
to secure appropriate relief from the owner or operator of such site
and/or any person responsible for the disposal of hazardous wastes at
such site, including, but not limited to, [development and implementa-
tion of an inactive hazardous waste disposal site remedial program,
payment of the cost of such program, recovery of any reasonable expenses
incurred by the state, money damages] RESPONSE COSTS, NATURAL RESOURCE
DAMAGES, and penalties.
7. Moneys for actions taken or to be taken by the department, the
department of health or any other state agency in connection with the
elimination of conditions dangerous to life or health pursuant to subdi-
vision five of section thirteen hundred eighty-nine-b of the public
health law or with the elimination of a significant threat to the envi-
ronment pursuant to this section shall be payable directly to such agen-
cies from the hazardous waste remedial fund pursuant to section ninety-
seven-b of the state finance law. This includes any inspection or
sampling of wastes, soils, air, surface water [and], groundwater, OR
OTHER NATURAL RESOURCES, done on behalf of a state agency whether or not
such action is taken prior to the issuance of a declaration pursuant to
subdivision two of section thirteen hundred eighty-nine-b of the public
health law or a finding pursuant to subdivision three of this [seciton]
SECTION and any administrative expenses related thereto.
§ 5. Subdivision 2 of section 27-1323 of the environmental conserva-
tion law, as added by section 9 of part E of chapter 1 of the laws of
2003, is amended to read as follows:
2. Municipal exemption. (a) For the purposes of this title no MUNICI-
PALITY OR public corporation shall incur any liability from any statuto-
ry claims of the state as an owner or operator of a site, or a person
responsible for the disposal of a hazardous waste at such site[,]:
(I) if such MUNICIPALITY OR public corporation acquired such site
involuntarily, and such MUNICIPALITY OR public corporation retained such
site without participating in the development of such site;
(II) WITH RESPECT TO AN AIRPORT OR FIRE TRAINING SITE, IF SUCH SITE IS
OWNED OR OPERATED BY SUCH MUNICIPALITY, PUBLIC CORPORATION, OR FIRE
DISTRICT AND AT WHICH FIREFIGHTING FOAM CONTAINING PFAS CHEMICALS WAS
USED PURSUANT TO LAW; OR
(III) WITH RESPECT TO A LANDFILL, IF SUCH LANDFILL IS OWNED OR OPER-
ATED BY THE MUNICIPALITY OR PUBLIC CORPORATION.
(b) This exemption shall not apply to any MUNICIPALITY OR public
corporation that THROUGH ACTION OR INACTION has INTENTIONALLY, KNOWING-
LY, RECKLESSLY, OR THROUGH GROSS NEGLIGENCE caused or contributed to the
release or threatened release of a hazardous waste from or onto the
site, or to any MUNICIPALITY OR public corporation that INTENTIONALLY,
KNOWINGLY, RECKLESSLY, OR THROUGH GROSS NEGLIGENCE generated, trans-
S. 3008--C 99 A. 3008--C
ported, or disposed of, arranged for, or [that] caused the generation,
transportation, or disposal of hazardous waste, from or onto the site.
(c) When used in this section:
(1) "Public corporation" means a public corporation as defined in
section sixty-five of the general construction law, a local public
authority, supervisory district, improvement district within a county,
city, town, or village, or Indian nation or tribe recognized by the
state or the United States with a reservation wholly or partly within
the boundaries of New York state, or any combination thereof.
(2) "Involuntary acquisition of ownership or control" includes but is
not limited to the following:
(i) Acquisitions by a public corporation in its sovereign capacity,
including but not limited to acquisitions pursuant to abandonment
proceedings or bequest;
(ii) Acquisitions by a public corporation, or its agent, acting as a
conservator or receiver pursuant to a clear and direct statutory mandate
or regulatory authority;
(iii) Acquisitions of assets through foreclosure and its equivalents,
or otherwise, by a public corporation in the course of administering a
loan, loan guarantee, tax lien, or tax forbearance agreement, or loan
insurance program; or
(iv) Acquisitions by a public corporation pursuant to seizure, injunc-
tion, condemnation, or forfeiture authority; provided that such owner-
ship or control is not retained primarily for investment purposes.
(3) "AIRPORT" SHALL HAVE THE SAME MEANING AS PROVIDED IN SUBDIVISION
FIVE OF SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW.
(4) "LANDFILL" SHALL MEAN AN INACTIVE MUNICIPAL SOLID WASTE SITE WHERE
SOLID WASTE WAS INTENTIONALLY PLACED AND INTENDED TO REMAIN AND WHICH
WAS DESIGNED, CONSTRUCTED, OPERATED, AND CLOSED PURSUANT TO THIS CHAPTER
TO MINIMIZE ADVERSE ENVIRONMENTAL IMPACTS AND WHICH WAS EITHER (I)
PERMITTED BY THE DEPARTMENT, OR (II) FOR A NON-PERMITTED SITE, HAD MATE-
RIALLY COMPLIED WITH REQUIREMENTS FOR PERMITTING IN ACCORDANCE WITH
DEPARTMENT REGULATIONS TO THE EXTENT THE INFORMATION IS REASONABLY VERI-
FIABLE.
(5) "FIREFIGHTING FOAM CONTAINING PFAS CHEMICALS" SHALL MEAN CLASS B
FIREFIGHTING FOAM, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED FOUR-G OF THE GENERAL MUNICIPAL LAW, THAT CONTAINS
INTENTIONALLY ADDED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES, AS
DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
FOUR-G OF THE GENERAL MUNICIPAL LAW.
(d) For the purpose of this section, the terms "foreclosure" and
"foreclose" mean, respectively, acquiring or to acquire a [brownfield
site] PROPERTY through:
(1) purchase at sale under a judgment or decree, power of sale, or
non-judicial foreclosure sale;
(2) a deed in lieu of foreclosure, or similar conveyance, or abandon-
ment from a person or trustee;
(3) conveyance pursuant to an extension of credit or tax forbearance
previously contracted; or
(4) any other formal or informal manner by which a person acquires,
for subsequent disposition, title to or possession of a site in order to
protect the security interest of the public corporation or lender.
(e) "Participating in development" means the carrying out, or causing
or permitting the carrying out, of any above-grade improvements to the
site or any other environmental investigation or remediation, except for
those improvements which are part of a site remedial program pursuant to
S. 3008--C 100 A. 3008--C
this article or in furtherance of site safety, such as fencing or light-
ing, but does not include licensing, regulatory oversight, or the mere
capacity to regulate or influence, or the unexercised right to control
the operation of the property. For purposes of this section, participat-
ing in development does not include:
(1) having the capacity to influence management of a site;
(2) having the unexercised right to control or to regulate the site or
operations thereof;
(3) holding, abandoning, or releasing a security interest or tax lien
on such site;
(4) including a condition relating to environmental compliance in a
contract, permit, license, or security agreement;
(5) monitoring or enforcing the terms and conditions of an agreement
or tax forbearance agreement;
(6) monitoring or undertaking one or more inspections of a site
including, but not limited to, boring test wells;
(7) exercising other remedies available under applicable laws;
(8) licensing, permitting, or granting permits, certificates of occu-
pancy and variances as allowed by law and/or regulation;
(9) applying for or participating in federal or state statutory
programs or benefits; or
(10) declining to take any of the actions described in subparagraphs
one through nine of this paragraph.
(f) Any MUNICIPALITY OR public corporation that has taken possession
of a site, OR OWNS OR OPERATES A SITE, PURSUANT TO THIS SUBDIVISION,
shall notify the department of any release of hazardous waste within ten
days of obtaining actual knowledge of such release, unless a shorter
notice period is required under any other provision of law, in which
case the shorter notice period controls. Failure to notify the depart-
ment within the ten day or shorter notification period shall result in
the loss of the exemption set forth in this section.
§ 6. Section 27-1323 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
5. BONA FIDE PROSPECTIVE PURCHASER. (A) THE TERM "BONA FIDE PROSPEC-
TIVE PURCHASER" MEANS, WITH RESPECT TO A SITE:
(1) A PERSON WHO:
(I) ACQUIRES OWNERSHIP OF THE SITE AFTER OCTOBER SEVENTH, TWO THOUSAND
THREE; AND
(II) ESTABLISHES BY A PREPONDERANCE OF THE EVIDENCE EACH OF THE CRITE-
RIA DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION; AND
(2) A PERSON:
(I) WHO ACQUIRES A LEASEHOLD INTEREST IN THE SITE AFTER OCTOBER
SEVENTH, TWO THOUSAND THREE;
(II) WHO ESTABLISHES BY A PREPONDERANCE OF THE EVIDENCE THAT THE
LEASEHOLD INTEREST IS NOT DESIGNED TO AVOID LIABILITY UNDER THIS TITLE
BY ANY PERSON; AND
(III) WITH RESPECT TO WHOM ANY OF THE FOLLOWING CONDITIONS APPLY:
(A) THE OWNER OF THE SITE THAT IS SUBJECT TO THE LEASEHOLD INTEREST IS
A PERSON DESCRIBED IN SUBPARAGRAPH ONE OF THIS PARAGRAPH.
(B)(I) THE OWNER OF THE SITE THAT IS SUBJECT TO THE LEASEHOLD INTEREST
WAS A PERSON DESCRIBED IN SUBPARAGRAPH ONE OF THIS PARAGRAPH AT THE TIME
THE LEASEHOLD INTEREST WAS ACQUIRED, BUT CAN NO LONGER ESTABLISH BY A
PREPONDERANCE OF THE EVIDENCE EACH OF THE CRITERIA DESCRIBED IN PARA-
GRAPH (B) OF THIS SUBDIVISION DUE TO CIRCUMSTANCES UNRELATED TO ANY
ACTION OF THE PERSON WHO HOLDS THE LEASEHOLD INTEREST; AND
S. 3008--C 101 A. 3008--C
(II) THE PERSON WHO HOLDS THE LEASEHOLD INTEREST ESTABLISHES BY A
PREPONDERANCE OF THE EVIDENCE EACH OF THE CRITERIA DESCRIBED IN SUBPARA-
GRAPHS ONE, THREE, FOUR, FIVE, SIX, SEVEN, AND EIGHT OF PARAGRAPH (B) OF
THIS SUBDIVISION.
(C) THE PERSON WHO HOLDS THE LEASEHOLD INTEREST ESTABLISHES BY A
PREPONDERANCE OF THE EVIDENCE EACH OF THE CRITERIA DESCRIBED IN PARA-
GRAPH (B) OF THIS SUBDIVISION.
(B) CRITERIA. THE CRITERIA DESCRIBED IN THIS PARAGRAPH ARE AS FOLLOWS:
(1) DISPOSAL PRIOR TO ACQUISITION. ALL DISPOSAL OF HAZARDOUS WASTE AT
THE SITE OCCURRED BEFORE THE PERSON ACQUIRED THE SITE.
(2) INQUIRIES. (I) IN GENERAL. THE PERSON MADE ALL APPROPRIATE
INQUIRIES INTO THE PREVIOUS OWNERSHIP AND USES OF THE SITE IN ACCORDANCE
WITH GENERALLY ACCEPTED GOOD COMMERCIAL AND CUSTOMARY STANDARDS AND
PRACTICES IN ACCORDANCE WITH CLAUSE (II) OF THIS SUBPARAGRAPH.
(II) STANDARDS AND PRACTICES. THE STANDARDS AND PRACTICES REFERRED TO
IN SUBPARAGRAPHS TWO, FOUR, AND FIVE OF PARAGRAPH (C) OF SUBDIVISION
FOUR OF THIS SECTION SHALL BE CONSIDERED TO SATISFY THE REQUIREMENTS OF
THIS SUBPARAGRAPH.
(3) NOTICES. THE PERSON PROVIDES ALL LEGALLY REQUIRED NOTICES WITH
RESPECT TO THE DISCOVERY OR DISPOSAL OF ANY HAZARDOUS WASTE AT THE SITE.
(4) CARE. THE PERSON EXERCISES APPROPRIATE CARE WITH RESPECT TO
HAZARDOUS WASTE FOUND AT THE SITE BY TAKING REASONABLE STEPS TO:
(I) STOP ANY CONTINUING DISPOSAL;
(II) PREVENT ANY THREATENED FUTURE DISPOSAL; AND
(III) PREVENT OR LIMIT HUMAN, ENVIRONMENTAL, OR NATURAL RESOURCE EXPO-
SURE TO ANY PREVIOUSLY DISPOSED HAZARDOUS WASTE.
(5) COOPERATION, ASSISTANCE, AND ACCESS. THE PERSON PROVIDES FULL
COOPERATION, ASSISTANCE, AND ACCESS TO PERSONS THAT ARE AUTHORIZED TO
CONDUCT RESPONSE ACTIONS OR NATURAL RESOURCE RESTORATION AT A SITE
(INCLUDING THE COOPERATION AND ACCESS NECESSARY FOR THE INSTALLATION,
INTEGRITY, OPERATION, AND MAINTENANCE OF ANY COMPLETE OR PARTIAL
RESPONSE ACTIONS OR NATURAL RESOURCE RESTORATION AT THE SITE).
(6) INSTITUTIONAL CONTROL. THE PERSON:
(I) IS IN COMPLIANCE WITH ANY LAND USE RESTRICTIONS ESTABLISHED OR
RELIED ON IN CONNECTION WITH THE RESPONSE ACTION AT A SITE; AND
(II) DOES NOT IMPEDE THE EFFECTIVENESS OR INTEGRITY OF ANY INSTITU-
TIONAL CONTROL EMPLOYED AT THE SITE IN CONNECTION WITH A RESPONSE
ACTION.
(7) REQUESTS; SUBPOENAS. THE PERSON COMPLIES WITH ANY REQUEST FOR
INFORMATION OR ADMINISTRATIVE SUBPOENA ISSUED BY THE COMMISSIONER UNDER
THIS CHAPTER.
(8) NO AFFILIATION. THE PERSON IS NOT:
(I) POTENTIALLY LIABLE, OR AFFILIATED WITH ANY OTHER PERSON THAT IS
POTENTIALLY LIABLE, FOR RESPONSE COSTS AT A SITE THROUGH:
(A) ANY DIRECT OR INDIRECT FAMILIAL RELATIONSHIP; OR
(B) ANY CONTRACTUAL, CORPORATE, OR FINANCIAL RELATIONSHIP (OTHER THAN
A CONTRACTUAL, CORPORATE, OR FINANCIAL RELATIONSHIP THAT IS CREATED BY
THE INSTRUMENTS BY WHICH TITLE TO THE FACILITY IS CONVEYED OR FINANCED,
BY A TENANCY, BY THE INSTRUMENTS BY WHICH A LEASEHOLD INTEREST IN THE
SITE IS CREATED, OR BY A CONTRACT FOR THE SALE OF GOODS OR SERVICES); OR
(II) THE RESULT OF A REORGANIZATION OF A BUSINESS ENTITY THAT WAS
POTENTIALLY LIABLE.
§ 7. The environmental conservation law is amended by adding a new
section 27-1325 to read as follows:
§ 27-1325. FINANCIAL RESPONSIBILITY PROVISIONS.
S. 3008--C 102 A. 3008--C
1. THE DEPARTMENT SHALL PROMULGATE REGULATIONS REGARDING FINANCIAL
RESPONSIBILITY FOR THE IMPLEMENTATION OF AN INACTIVE HAZARDOUS WASTE
DISPOSAL SITE REMEDIAL PROGRAM.
2. FINANCIAL RESPONSIBILITY REQUIRED BY SUBDIVISION ONE OF THIS
SECTION MAY BE ESTABLISHED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY
THE COMMISSIONER BY ANY ONE, OR ANY COMBINATION, OF THE FOLLOWING:
INSURANCE, GUARANTEE, SURETY BOND, LETTER OF CREDIT, OR QUALIFICATION AS
A SELF-INSURER. IN PROMULGATING REQUIREMENTS UNDER THIS SECTION, THE
COMMISSIONER IS AUTHORIZED TO SPECIFY POLICY OR OTHER CONTRACTUAL TERMS,
CONDITIONS, OR DEFENSES WHICH ARE NECESSARY OR ARE UNACCEPTABLE IN
ESTABLISHING SUCH EVIDENCE OF FINANCIAL RESPONSIBILITY IN ORDER TO
EFFECTUATE THE PURPOSES OF THIS ARTICLE.
3. IN ANY CASE WHERE THE RESPONSIBLE PERSON IS IN BANKRUPTCY, REORGAN-
IZATION, OR ARRANGEMENT PURSUANT TO THE FEDERAL BANKRUPTCY CODE OR
WHERE, WITH REASONABLE DILIGENCE, JURISDICTION IN ANY STATE OR FEDERAL
COURT WITHIN THE STATE CANNOT BE OBTAINED OVER A RESPONSIBLE PERSON
LIKELY TO BE SOLVENT AT THE TIME OF JUDGMENT, ANY CLAIM ARISING FROM
CONDUCT FOR WHICH EVIDENCE OF FINANCIAL RESPONSIBILITY SHALL BE PROVIDED
UNDER THIS SECTION MAY BE ASSERTED DIRECTLY AGAINST THE GUARANTOR
PROVIDING SUCH EVIDENCE OF FINANCIAL RESPONSIBILITY. IN THE CASE OF ANY
ACTION PURSUANT TO THIS SUBDIVISION, SUCH GUARANTOR SHALL BE ENTITLED TO
INVOKE ALL RIGHTS AND DEFENSES WHICH WOULD HAVE BEEN AVAILABLE TO THE
RESPONSIBLE PERSON IF ANY ACTION HAD BEEN BROUGHT AGAINST THE RESPONSI-
BLE PERSON BY THE CLAIMANT AND WHICH WOULD HAVE BEEN AVAILABLE TO THE
GUARANTOR IF AN ACTION HAD BEEN BROUGHT AGAINST THE GUARANTOR BY THE
RESPONSIBLE PERSON.
4. THE TOTAL LIABILITY OF ANY GUARANTOR SHALL BE LIMITED TO THE AGGRE-
GATE AMOUNT WHICH THE GUARANTOR HAS PROVIDED AS EVIDENCE OF FINANCIAL
RESPONSIBILITY TO THE RESPONSIBLE PERSON UNDER THIS CHAPTER. NOTHING IN
THIS SUBDIVISION SHALL BE CONSTRUED TO LIMIT ANY OTHER STATE OR FEDERAL
STATUTORY, CONTRACTUAL OR COMMON LAW LIABILITY OF A GUARANTOR TO ITS
RESPONSIBLE PERSON INCLUDING, BUT NOT LIMITED TO, THE LIABILITY OF SUCH
GUARANTOR FOR BAD FAITH EITHER IN NEGOTIATING OR IN FAILING TO NEGOTIATE
THE SETTLEMENT OF ANY CLAIM. NOTHING IN THIS SUBDIVISION SHALL BE
CONSTRUED TO DIMINISH THE LIABILITY OF ANY PERSON UNDER SECTION 27-1313
OF THIS ARTICLE OR OTHER APPLICABLE LAW.
5. FOR THE PURPOSE OF THIS SECTION, THE TERM "GUARANTOR" MEANS ANY
PERSON, OTHER THAN THE RESPONSIBLE PERSON, WHO PROVIDES EVIDENCE OF
FINANCIAL RESPONSIBILITY FOR A RESPONSIBLE PERSON UNDER THIS SECTION.
§ 8. The environmental conservation law is amended by adding a new
section 27-1327 to read as follows:
§ 27-1327. RECOVERY OF RESPONSE COSTS AND NATURAL RESOURCE DAMAGES.
1. EACH RESPONSIBLE PERSON SHALL BE STRICTLY LIABLE, JOINTLY AND
SEVERALLY, FOR ALL RESPONSE COSTS AND FOR ALL NATURAL RESOURCE DAMAGES
RESULTING FROM THE DISPOSAL OF HAZARDOUS WASTE AT AN INACTIVE HAZARDOUS
WASTE DISPOSAL SITE. THE COMMISSIONER MAY REQUEST THE ATTORNEY GENERAL
COMMENCE AN ACTION IN A COURT OF COMPETENT JURISDICTION TO RECOVER THE
RESPONSE COSTS AND/OR NATURAL RESOURCE DAMAGES. THE COMMISSIONER SHALL
PRIORITIZE RECOVERING RESPONSE COSTS AND NATURAL RESOURCE DAMAGES AT
SITES PLACED IN CLASSIFICATION 1 OR 2, AS DESCRIBED IN CLAUSES (I) AND
(II) OF SUBPARAGRAPH ONE OF PARAGRAPH B OF SUBDIVISION TWO OF SECTION
27-1305 OF THIS TITLE, THAT ARE LOCATED IN DISADVANTAGED COMMUNITIES.
2. A DETERMINATION OR ASSESSMENT OF NATURAL RESOURCE DAMAGES FOR THE
PURPOSES OF THIS SECTION MADE OR ADOPTED BY THE COMMISSIONER IN ACCORD-
ANCE WITH ANY APPLICABLE REGULATIONS PROMULGATED UNDER SECTION 27-1315
OF THIS TITLE OR UNDER SECTION 9651(C) OF TITLE 42 OF THE UNITED STATES
S. 3008--C 103 A. 3008--C
CODE SHALL HAVE THE FORCE AND EFFECT OF A REBUTTABLE PRESUMPTION ON
BEHALF OF THE COMMISSIONER IN ANY JUDICIAL PROCEEDING.
3. IN AN ACTION TO RECOVER RESPONSE COSTS AND/OR NATURAL RESOURCE
DAMAGES, THE COMMISSIONER MAY ALSO SEEK CIVIL PENALTIES UNDER SECTION
71-2705 OF THIS CHAPTER.
4. ALL AMOUNTS RECEIVED TO SATISFY LIABILITY FOR NATURAL RESOURCE
DAMAGES SHALL BE CREDITED TO THE DEPARTMENT'S NATURAL RESOURCE DAMAGES
FUND TO BE USED EXCLUSIVELY TO REIMBURSE THE REASONABLE COSTS OF ASSESS-
ING INJURY, DESTRUCTION, AND/OR LOSS RESULTING FROM THE DISPOSAL OF
HAZARDOUS WASTE AT THE SITE FOR WHICH THE NATURAL RESOURCE DAMAGES WERE
RECOVERED AND FOR THE RESTORATION, REHABILITATION, REPLACEMENT, AND/OR
ACQUISITION OF EQUIVALENT NATURAL RESOURCES. PROVIDED THAT ANY SUCH
RESTORATION, REHABILITATION, REPLACEMENT AND/OR ACQUISITION SHALL PRIOR-
ITIZE, TO THE MAXIMUM EXTENT PRACTICABLE, THE NATURAL RESOURCES OF THE
SITE FOR WHICH THE DAMAGES WERE RECOVERED.
5. THE STATE SHALL HAVE AN ENVIRONMENTAL LIEN FOR ALL RESPONSE COSTS
INCURRED BY THE STATE AND FOR ALL NATURAL RESOURCE DAMAGES FOR WHICH A
JUDICIAL DETERMINATION OF LIABILITY HAS BEEN MADE UPON SUCH REAL PROPER-
TY LOCATED WITHIN THE STATE:
(A) OWNED BY A PERSON LIABLE TO THE STATE FOR SUCH RESPONSE COSTS
AND/OR NATURAL RESOURCE DAMAGES UNDER THIS TITLE AT THE TIME A NOTICE OF
ENVIRONMENTAL LIEN IS FILED; AND
(B) UPON WHICH THE DISPOSAL OF HAZARDOUS WASTES OCCURRED.
6. AN ENVIRONMENTAL LIEN SHALL ATTACH WHEN:
(A) RESPONSE COSTS ARE INCURRED BY THE STATE AND/OR A JUDICIAL JUDG-
MENT OF LIABILITY FOR NATURAL RESOURCE DAMAGES IS ENTERED;
(B) THE RESPONSIBLE PERSON FAILS TO PAY SUCH COSTS WITHIN NINETY DAYS
AFTER A WRITTEN DEMAND THEREFOR BY THE DEPARTMENT IS MAILED BY CERTIFIED
OR REGISTERED MAIL, RETURN RECEIPT REQUESTED, AND/OR FAILS TO PAY SUCH
NATURAL RESOURCE DAMAGES WITHIN NINETY DAYS AFTER ENTRY OF JUDGMENT; AND
(C) A NOTICE OF ENVIRONMENTAL LIEN IS FILED BY THE DEPARTMENT AS
PROVIDED IN PARAGRAPH (A) OF SUBDIVISION TEN OF THIS SECTION; PROVIDED,
HOWEVER, THAT A COPY OF THE NOTICE OF ENVIRONMENTAL LIEN IS SERVED UPON
THE OWNER OF THE REAL PROPERTY SUBJECT TO THE ENVIRONMENTAL LIEN WITHIN
THIRTY DAYS OF SUCH FILING IN ACCORDANCE WITH THE PROVISIONS OF SECTION
ELEVEN OF THE LIEN LAW.
7. (A) AN ENVIRONMENTAL LIEN SHALL CONTINUE AGAINST THE REAL PROPERTY
UNTIL:
(I) THE CLAIM OR JUDGMENT AGAINST THE PERSON REFERRED TO IN SUBDIVI-
SION ONE OF THIS SECTION FOR RESPONSE COSTS AND/OR NATURAL RESOURCE
DAMAGES IS SATISFIED OR BECOMES UNENFORCEABLE;
(II) THE LIEN IS RELEASED BY THE COMMISSIONER PURSUANT TO THIS SUBDI-
VISION;
(III) THE LIEN IS DISCHARGED BY PAYMENT OF MONIES INTO COURT; OR
(IV) THE LIEN IS OTHERWISE VACATED BY COURT ORDER.
(B) UPON THE OCCURRENCE OF ANY EVENT UNDER SUBPARAGRAPHS (I) THROUGH
(IV) OF PARAGRAPH (A) OF THIS SUBDIVISION, EXCEPT WHERE THE LIEN IS
VACATED BY COURT ORDER, THE COMMISSIONER SHALL EXECUTE THE RELEASE OF AN
ENVIRONMENTAL LIEN AND FILE THE RELEASE AS PROVIDED IN SUBDIVISION TEN
OF THIS SECTION. THE COMMISSIONER MAY RELEASE AN ENVIRONMENTAL LIEN
WHERE:
(I) A LEGALLY ENFORCEABLE AGREEMENT SATISFACTORY TO THE COMMISSIONER
HAS BEEN EXECUTED RELATING TO THE RESPONSE COSTS AND/OR NATURAL RESOURCE
DAMAGES THAT ARE THE SUBJECT OF THE LIEN; OR REIMBURSING THE STATE FOR
SUCH RESPONSE COSTS AND/OR NATURAL RESOURCE DAMAGES; OR AN OWNER OR
OPERATOR OF THE SITE SUBJECT TO THE LIEN AGREES TO PERFORM REMEDIAL
S. 3008--C 104 A. 3008--C
WORK, SITE MANAGEMENT, OR OTHER IN-KIND SERVICES OF SUFFICIENT VALUE TO
THE COMMISSIONER; OR
(II) THE ATTACHMENT OR ENFORCEMENT OF THE ENVIRONMENTAL LIEN IS DETER-
MINED BY THE COMMISSIONER NOT TO BE IN THE PUBLIC INTEREST.
8. AN ENVIRONMENTAL LIEN IS SUBJECT TO THE RIGHTS OF ANY OTHER PERSON,
INCLUDING AN OWNER, PURCHASER, HOLDER OF A MORTGAGE OR SECURITY INTER-
EST, OR JUDGMENT LIEN CREDITOR, WHOSE INTEREST IS PERFECTED BEFORE A
LIEN NOTICE HAS BEEN FILED AS PROVIDED IN SUBDIVISION TEN OF THIS
SECTION.
9. A NOTICE OF ENVIRONMENTAL LIEN SHALL STATE:
(A) THAT THE LIENOR IS THE STATE OF NEW YORK;
(B) THE NAME OF THE RECORD OWNER OF THE REAL PROPERTY ON WHICH THE
ENVIRONMENTAL LIEN HAS ATTACHED;
(C) THE REAL PROPERTY SUBJECT TO THE LIEN, WITH A DESCRIPTION THEREOF
SUFFICIENT FOR IDENTIFICATION;
(D) THAT THE REAL PROPERTY DESCRIBED IN THE NOTICE IS THE PROPERTY
UPON WHICH A DISPOSAL OF HAZARDOUS WASTES OCCURRED AND THAT RESPONSE
COSTS HAVE BEEN INCURRED BY THE LIENOR AND/OR THAT NATURAL RESOURCE
DAMAGES HAVE BEEN JUDICIALLY DETERMINED TO BE DUE TO THE LIENOR AS A
RESULT OF SUCH DISPOSAL;
(E) THAT THE OWNER IS POTENTIALLY LIABLE FOR RESPONSE COSTS AND/OR
SUBJECT TO A JUDGMENT FOR NATURAL RESOURCE DAMAGES PURSUANT TO THIS
TITLE; AND
(F) THAT AN ENVIRONMENTAL LIEN HAS ATTACHED TO THE DESCRIBED REAL
PROPERTY.
10. (A) A NOTICE OF ENVIRONMENTAL LIEN SHALL BE FILED IN THE CLERK'S
OFFICE OF THE COUNTY WHERE THE PROPERTY IS SITUATED. IF SUCH PROPERTY IS
SITUATED IN TWO OR MORE COUNTIES, THE NOTICE OF ENVIRONMENTAL LIEN SHALL
BE FILED IN THE OFFICE OF THE CLERK OF EACH OF SUCH COUNTIES. THE NOTICE
OF LIEN SHALL BE INDEXED BY THE COUNTY CLERK IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TEN OF THE LIEN LAW. THE NOTICE OF LIEN SHALL BE
SERVED UPON THE OWNER OF THE REAL PROPERTY SUBJECT TO THE LIEN IN
ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN OF THE LIEN LAW.
(B) A RELEASE OF AN ENVIRONMENTAL LIEN SHALL BE FILED IN THE CLERK'S
OFFICE OF EACH COUNTY WHERE THE NOTICE OF ENVIRONMENTAL LIEN WAS FILED
AND SHALL BE INDEXED IN THE MANNER PRESCRIBED FOR INDEXING ENVIRONMENTAL
LIENS.
11. AN ENVIRONMENTAL LIEN MAY BE ENFORCED AGAINST THE PROPERTY SPECI-
FIED IN THE NOTICE OF ENVIRONMENTAL LIEN, AND AN ENVIRONMENTAL LIEN MAY
BE VACATED OR DISCHARGED, AS PRESCRIBED IN ARTICLE THREE OF THE LIEN
LAW; PROVIDED, HOWEVER, THAT NOTHING IN THIS ARTICLE OR IN ARTICLE THREE
OF THE LIEN LAW SHALL AFFECT THE RIGHT OF THE STATE TO BRING AN ACTION
TO RECOVER RESPONSE COSTS AND/OR NATURAL RESOURCE DAMAGES UNDER SECTION
ONE HUNDRED SEVEN OF THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT (42 U.S.C. § 9607 ET SEQ).
12. AMOUNTS RECEIVED BY THE COMMISSIONER TO SATISFY ALL OR PART OF AN
ENVIRONMENTAL LIEN FOR RESPONSE COSTS SHALL BE DEPOSITED IN THE DEPART-
MENT'S HAZARDOUS WASTE REMEDIAL FUND AND AMOUNTS RECEIVED TO SATISFY ALL
OR PART OF AN ENVIRONMENTAL LIEN FOR NATURAL RESOURCE DAMAGES SHALL BE
DEPOSITED IN THE DEPARTMENT'S NATURAL RESOURCE DAMAGES FUND.
13. ENVIRONMENTAL WINDFALL LIENS. (A) A BONA FIDE PROSPECTIVE
PURCHASER WHOSE LIABILITY UNDER THIS TITLE AND/OR 42 U.S.C. § 9607 ET
SEQ. ARISES SOLELY FROM BEING CONSIDERED AN OWNER OR OPERATOR OF SUCH
SITE SHALL NOT BE SUBJECT TO THIS SUBDIVISION AS LONG AS THE BONA FIDE
PROSPECTIVE PURCHASER DOES NOT IMPEDE THE PERFORMANCE OF A RESPONSE
ACTION OR NATURAL RESOURCE RESTORATION.
S. 3008--C 105 A. 3008--C
(B) IF THERE ARE UNRECOVERED RESPONSE COSTS INCURRED BY THE DEPARTMENT
AT AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE FOR WHICH AN OWNER OR OPER-
ATOR OF THE SITE IS NOT LIABLE BY REASON OF PARAGRAPH (A) OF THIS SUBDI-
VISION, AND IF EACH OF THE CONDITIONS DESCRIBED IN PARAGRAPH (C) OF THIS
SUBDIVISION ARE MET, THE DEPARTMENT SHALL HAVE AN ENVIRONMENTAL WINDFALL
LIEN ON THE FACILITY, OR MAY BY AGREEMENT WITH THE OWNER OR OPERATOR,
OBTAIN FROM THE OWNER OR OPERATOR A LIEN ON ANY OTHER PROPERTY OR OTHER
ASSURANCE OF PAYMENT SATISFACTORY TO THE DEPARTMENT, FOR THE UNRECOVERED
RESPONSE COSTS.
(C) THE CONDITIONS REFERRED TO IN PARAGRAPH (B) OF THIS SUBDIVISION
ARE THE FOLLOWING:
(I) A RESPONSE ACTION FOR WHICH THERE ARE UNRECOVERED COSTS OF THE
DEPARTMENT IS CARRIED OUT AT THE INACTIVE HAZARDOUS WASTE DISPOSAL SITE.
(II) THE RESPONSE ACTION INCREASES THE FAIR MARKET VALUE OF THE SITE
ABOVE THE FAIR MARKET VALUE OF THE SITE BEFORE THE RESPONSE ACTION WAS
INITIATED.
(D) AN ENVIRONMENTAL WINDFALL LIEN UNDER PARAGRAPH (B) OF THIS SUBDI-
VISION:
(I) SHALL BE IN AN AMOUNT NOT TO EXCEED THE LESSER OF:
(A) THE INCREMENTAL INCREASE IN FAIR MARKET VALUE OF THE PROPERTY,
ABOVE THE FAIR MARKET VALUE BEFORE THE RESPONSE ACTION WAS INITIATED,
ATTRIBUTABLE TO THE RESPONSE ACTION AT THE TIME OF A SALE OR OTHER
DISPOSITION OF THE PROPERTY; OR
(B) ANY UNRECOVERED RESPONSE COSTS NOT SUBJECT TO AN ENVIRONMENTAL
LIEN ATTACHED TO THE PROPERTY PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION;
(II) SHALL ARISE AT THE TIME AT WHICH COSTS ARE FIRST INCURRED BY THE
DEPARTMENT WITH RESPECT TO A RESPONSE ACTION AT THE SITE; AND
(III) SHALL BE SUBJECT TO THE REQUIREMENTS OF SUBDIVISIONS SEVEN,
EIGHT, NINE, TEN, ELEVEN, AND TWELVE OF THIS SECTION.
14. (A) CONTRIBUTION. ANY PERSON MAY SEEK CONTRIBUTION FROM ANY OTHER
PERSON WHO IS LIABLE OR POTENTIALLY LIABLE UNDER THIS TITLE DURING OR
FOLLOWING ANY CIVIL ACTION UNDER THIS SECTION. SUCH CLAIMS SHALL BE
BROUGHT IN ACCORDANCE WITH THIS SECTION AND THE CIVIL PRACTICE LAW AND
RULES, AND SHALL BE GOVERNED BY NEW YORK STATE LAW. IN RESOLVING
CONTRIBUTION CLAIMS, THE COURT MAY ALLOCATE RESPONSE COSTS AMONG LIABLE
PARTIES USING SUCH EQUITABLE FACTORS AS THE COURT DETERMINES ARE APPRO-
PRIATE. NOTHING IN THIS SUBDIVISION SHALL DIMINISH THE RIGHT OF ANY
PERSON TO BRING AN ACTION FOR CONTRIBUTION IN THE ABSENCE OF A CIVIL
ACTION UNDER THIS SECTION.
(B) SETTLEMENT. A PERSON WHO HAS RESOLVED ITS LIABILITY TO THE STATE
IN AN ADMINISTRATIVE OR JUDICIALLY APPROVED SETTLEMENT SHALL NOT BE
LIABLE FOR CLAIMS FOR CONTRIBUTION REGARDING MATTERS ADDRESSED IN THE
SETTLEMENT. SUCH SETTLEMENT DOES NOT DISCHARGE ANY OF THE OTHER POTEN-
TIALLY LIABLE PERSONS UNLESS ITS TERMS SO PROVIDE, BUT IT REDUCES THE
POTENTIAL LIABILITY OF THE OTHERS BY THE AMOUNT OF THE SETTLEMENT.
(C) PERSONS NOT PARTY TO SETTLEMENT. (I) IF THE STATE HAS OBTAINED
LESS THAN COMPLETE RELIEF FROM A PERSON WHO HAS RESOLVED ITS LIABILITY
TO THE STATE IN AN ADMINISTRATIVE OR JUDICIALLY APPROVED SETTLEMENT, THE
STATE MAY BRING AN ACTION AGAINST ANY PERSON WHO HAS NOT SO RESOLVED ITS
LIABILITY.
(II) A PERSON WHO HAS RESOLVED ITS LIABILITY TO THE STATE FOR SOME OR
ALL OF A RESPONSE ACTION OR FOR SOME OR ALL OF THE COSTS OF SUCH ACTION
IN AN ADMINISTRATIVE OR JUDICIALLY APPROVED SETTLEMENT MAY SEEK CONTRIB-
UTION FROM ANY PERSON WHO IS NOT PARTY TO A SETTLEMENT REFERRED TO IN
PARAGRAPH (B) OF THIS SUBDIVISION.
S. 3008--C 106 A. 3008--C
(III) IN ANY ACTION UNDER THIS PARAGRAPH, THE RIGHTS OF ANY PERSON WHO
HAS RESOLVED ITS LIABILITY TO THE STATE SHALL BE SUBORDINATE TO THE
RIGHTS OF THE STATE.
15. (A) LIMITATION ON CLAIMS. NO NEW ACTION UNDER THIS TITLE MAY BE
COMMENCED FOR NATURAL RESOURCE DAMAGES OR RESPONSE COSTS FOR AN INACTIVE
HAZARDOUS WASTE SITE THAT WAS THE SUBJECT OF ANY PREVIOUS ACTION
COMMENCED PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND TWENTY-FIVE WHICH ADDED THIS SUBDIVISION, REGARDLESS OF: THE
VENUE IN WHICH SUCH PREVIOUS ACTION WAS COMMENCED; THE STATUTORY OR
COMMON LAW SOURCE OF SUCH ACTION, INCLUDING SETTLEMENT AGREEMENTS; THE
COMPLETENESS OR TOTALITY OF PERMISSIBLE RECOVERY OF SUCH ACTION; OR THE
FINALITY OF ANY SUCH ACTION.
(B) ACTIONS FOR NATURAL RESOURCE DAMAGES. EXCEPT AS PROVIDED IN PARA-
GRAPHS (D) AND (E) OF THIS SUBDIVISION, AN INITIAL ACTION UNDER THIS
TITLE FOR NATURAL RESOURCE DAMAGES THAT OCCURS AFTER THE EFFECTIVE DATE
OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE WHICH ADDED THIS
SUBDIVISION, SHALL BE COMMENCED WITHIN THREE YEARS AFTER THE LATER OF
THE FOLLOWING:
(I) THE DATE OF THE DISCOVERY OF THE LOSS AND ITS CONNECTION WITH THE
RELEASE IN QUESTION; OR
(II) FOR ANY FACILITY LISTED ON THE FEDERAL NATIONAL PRIORITIES LIST,
ANY SITE LISTED ON THE NEW YORK STATE REGISTRY OF INACTIVE HAZARDOUS
WASTE DISPOSAL SITES, OR ANY SITE AT WHICH A REMEDIAL ACTION UNDER THIS
CHAPTER IS OTHERWISE SCHEDULED: THE DATE OF COMPLETION OF THE REMEDIAL
ACTION, EXCLUDING OPERATION AND MAINTENANCE ACTIVITIES.
(C) ACTIONS FOR RESPONSE COSTS. AN INITIAL ACTION FOR RECOVERY OF
RESPONSE COSTS THAT OCCURS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND TWENTY-FIVE WHICH ADDED THIS SUBDIVISION SHALL
BE COMMENCED:
(I) FOR A REMOVAL ACTION, AS DEFINED BY THE DEPARTMENT IN REGULATION,
WITHIN THREE YEARS AFTER COMPLETION OF THE REMOVAL ACTION, EXCEPT THAT
SUCH COST RECOVERY ACTION SHALL BE COMMENCED WITHIN SIX YEARS AFTER A
DETERMINATION THAT CONTINUED RESPONSE ACTION IS OTHERWISE APPROPRIATE
AND CONSISTENT WITH THE REMEDIAL ACTION TO BE TAKEN FOR CONTINUED
RESPONSE ACTION; AND
(II) FOR A REMEDIAL ACTION, AS DEFINED BY THE DEPARTMENT IN REGU-
LATION, WITHIN SIX YEARS AFTER INITIATION OF PHYSICAL ON-SITE
CONSTRUCTION OF THE REMEDIAL ACTION, EXCEPT THAT, IF THE REMEDIAL ACTION
IS INITIATED WITHIN THREE YEARS AFTER THE COMPLETION OF THE REMOVAL
ACTION, COSTS INCURRED IN THE REMOVAL ACTION MAY BE RECOVERED IN THE
COST RECOVERY ACTION BROUGHT UNDER THIS SUBPARAGRAPH.
(D) DECLARATORY JUDGMENT. IN ANY SUCH ACTION DESCRIBED IN THIS SUBDI-
VISION, THE COURT SHALL ENTER A DECLARATORY JUDGMENT ON LIABILITY FOR
RESPONSE COSTS OR NATURAL RESOURCE DAMAGES THAT WILL BE BINDING ON ANY
SUBSEQUENT ACTION OR ACTIONS UNDER THIS TITLE TO RECOVER FURTHER
RESPONSE COSTS OR DAMAGES. A SUBSEQUENT ACTION OR ACTIONS UNDER THIS
SECTION FOR FURTHER RESPONSE COSTS AT THE FACILITY OR SITE MAY BE MAIN-
TAINED AT ANY TIME DURING THE RESPONSE ACTION, BUT MUST BE COMMENCED NO
LATER THAN THREE YEARS AFTER THE DATE OF COMPLETION OF ALL RESPONSE
ACTION. EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, AN ACTION MAY BE
COMMENCED UNDER THIS SECTION FOR RECOVERY OF COSTS AT ANY TIME AFTER
SUCH COSTS HAVE BEEN INCURRED.
(E) LIMITATIONS ON ACTIONS. NO ACTION FOR CONTRIBUTION FOR ANY
RESPONSE COSTS OR NATURAL RESOURCE DAMAGES MAY BE COMMENCED MORE THAN
THREE YEARS AFTER:
S. 3008--C 107 A. 3008--C
(I) THE DATE OF JUDGMENT IN ANY ACTION UNDER THIS SECTION FOR RECOVERY
OF SUCH COSTS OR DAMAGES; OR
(II) THE DATE OF A JUDICIALLY APPROVED SETTLEMENT WITH RESPECT TO SUCH
COSTS OR DAMAGES.
§ 9. The environmental conservation law is amended by adding a new
section 27-1329 to read as follows:
§ 27-1329. ABATEMENT ACTIONS.
1. (A) MAINTENANCE, JURISDICTION, ETC. WHEN THE COMMISSIONER, AFTER
INVESTIGATION, DETERMINES THAT THERE MAY BE AN IMMINENT DANGER TO THE
HEALTH OR WELFARE OF THE PEOPLE OF THE STATE OR THE ENVIRONMENT, OR AN
ACTUAL OR THREATENED RELEASE OF HAZARDOUS WASTE FROM AN INACTIVE HAZARD-
OUS WASTE DISPOSAL SITE, AS DEFINED IN CLAUSES (I) AND (II), RESPECTIVE-
LY, OF SUBPARAGRAPH ONE OF PARAGRAPH B OF SUBDIVISION TWO OF SECTION
27-1305 OF THIS TITLE, IS RESULTING IN OR IS LIKELY TO RESULT IN IRRE-
VERSIBLE OR IRREPARABLE DAMAGE TO NATURAL RESOURCES, THE COMMISSIONER
MAY REQUEST THE ATTORNEY GENERAL TO SECURE SUCH RELIEF AS MAY BE NECES-
SARY TO ABATE SUCH DANGER OR THREAT AND TO GRANT SUCH RELIEF AS THE
PUBLIC INTEREST AND THE EQUITIES OF THE CASE MAY REQUIRE. THE COMMIS-
SIONER MAY ISSUE SUCH ORDERS AS MAY BE NECESSARY TO PROTECT PUBLIC
HEALTH AND WELFARE AND THE ENVIRONMENT, PROVIDED THE COMMISSIONER HAS A
REASONABLE BELIEF THAT PERSONS RESPONSIBLE FOR IMPLEMENTING SUCH ORDERS
HAVE ADEQUATE FINANCIAL RESOURCES TO COMPLY, THERE IS EVIDENCE SUFFI-
CIENT TO SUPPORT LIABILITY OF SUCH PERSON, AND THE DEPARTMENT HAS MADE
ALL REASONABLE EFFORTS TO SECURE VOLUNTARY AGREEMENT OF SUCH PERSON TO
ABATE THE IMMINENT DANGER OR THREAT.
(B) ANY SUCH PERSON MAY REQUEST A MEETING WITH THE DEPARTMENT TO
DISCUSS RECONSIDERATION OF AN ORDER, WITHIN FIVE BUSINESS DAYS OF
RECEIVING SUCH ORDER, IF SUCH PERSON BELIEVES THEY ARE NOT LIABLE. SUCH
REQUEST SHALL INCLUDE A DESCRIPTION OF THE REASON WHY SUCH PERSON
BELIEVES THEY ARE NOT LIABLE AND ANY SUPPORTING DOCUMENTATION. THE
DEPARTMENT SHALL MAKE ALL PRACTICABLE EFFORTS TO HOLD SUCH MEETING WITH-
IN FIVE BUSINESS DAYS OF RECEIVING SUCH REQUEST AND SHALL CONSIDER ITS
EVIDENCE OF SUCH PERSON'S LIABILITY IN LIGHT OF ANY INFORMATION AND
DOCUMENTATION PROVIDED.
(C) ANY SUCH ORDER ISSUED BY THE COMMISSIONER SHALL BE A FINAL DETER-
MINATION OF THE DEPARTMENT AND SUBJECT TO CHALLENGE PURSUANT TO ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
(D) NO ACTION MAY BE TAKEN UNDER PARAGRAPH (A) OF THIS SUBDIVISION
AGAINST A BONA FIDE PROSPECTIVE PURCHASER, AS DEFINED IN SUBDIVISION
FIVE OF SECTION 27-1323 OF THIS TITLE.
2. FINES; REIMBURSEMENT. (A) ANY PERSON WHO, WITHOUT SUFFICIENT CAUSE,
FAILS OR REFUSES TO COMPLY WITH ANY ORDER OF THE COMMISSIONER UNDER
SUBDIVISION ONE OF THIS SECTION MAY, IN AN ACTION BROUGHT IN THE APPRO-
PRIATE COURT OF COMPETENT JURISDICTION TO ENFORCE SUCH ORDER, BE FINED
NOT MORE THAN THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY IN
WHICH SUCH VIOLATION OCCURS OR SUCH FAILURE TO COMPLY CONTINUES.
(B) (I) ANY PERSON WHO RECEIVES AND COMPLIES WITH THE TERMS OF ANY
ORDER ISSUED UNDER SUBDIVISION ONE OF THIS SECTION MAY, WITHIN SIXTY
DAYS AFTER COMPLETION OF THE REQUIRED ACTION, PETITION THE COMMISSIONER
FOR REIMBURSEMENT FROM THE HAZARDOUS WASTE REMEDIAL FUND PURSUANT TO
SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW FOR THE REASONABLE COSTS
OF SUCH ACTION, PLUS INTEREST. ANY INTEREST PAYABLE UNDER THIS SUBPARA-
GRAPH SHALL ACCRUE ON THE AMOUNTS EXPENDED FROM THE DATE OF EXPENDITURE
AT THE SAME RATE AS SPECIFIED FOR INTEREST ON INVESTMENTS OF THE HAZARD-
OUS SUBSTANCE SUPERFUND ESTABLISHED UNDER SUBCHAPTER A OF CHAPTER 98 OF
S. 3008--C 108 A. 3008--C
TITLE 26 OF THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPEN-
SATION, AND LIABILITY ACT.
(II) IF THE COMMISSIONER REFUSES TO GRANT ALL OR PART OF A PETITION
MADE UNDER THIS PARAGRAPH, THE PETITIONER MAY WITHIN THIRTY DAYS OF
RECEIPT OF SUCH REFUSAL FILE AN ACTION AGAINST THE DEPARTMENT PURSUANT
TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH, TO
OBTAIN REIMBURSEMENT, THE PETITIONER SHALL ESTABLISH BY A PREPONDERANCE
OF THE EVIDENCE THAT SUCH PETITIONER IS NOT LIABLE FOR RESPONSE COSTS
UNDER SECTION 27-1313 OF THIS TITLE AND THAT COSTS FOR WHICH SUCH PETI-
TIONER SEEKS REIMBURSEMENT ARE REASONABLE IN LIGHT OF THE ACTION
REQUIRED BY THE RELEVANT ORDER.
(IV) A PETITIONER UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY ALSO
RECOVER ITS REASONABLE COSTS OF RESPONSE TO THE EXTENT THAT SUCH PETI-
TIONER CAN DEMONSTRATE, ON THE ADMINISTRATIVE RECORD, THAT THE COMMIS-
SIONER'S DECISION IN SELECTING THE RESPONSE ACTION ORDERED WAS ARBITRARY
AND CAPRICIOUS OR WAS OTHERWISE NOT IN ACCORDANCE WITH LAW. REIMBURSE-
MENT AWARDED UNDER THIS SUBPARAGRAPH SHALL INCLUDE ALL REASONABLE
RESPONSE COSTS INCURRED BY THE PETITIONER PURSUANT TO THE PORTIONS OF
THE ORDER FOUND TO BE ARBITRARY AND CAPRICIOUS OR OTHERWISE NOT IN
ACCORDANCE WITH LAW.
(V) REIMBURSEMENT AWARDED BY A COURT UNDER SUBPARAGRAPH (III) OR (IV)
OF THIS PARAGRAPH MAY INCLUDE APPROPRIATE COSTS, FEES, AND OTHER
EXPENSES IN ACCORDANCE WITH SECTION EIGHTY-SIX HUNDRED ONE OF THE CIVIL
PRACTICE LAW AND RULES.
3. THE COMMISSIONER SHALL PROVIDE NOTICE OF THE PROVISIONS OF THIS
SECTION TO KNOWN RESPONSIBLE PERSONS AT SITES LISTED IN CLAUSES (I) AND
(II) OF SUBPARAGRAPH ONE OF PARAGRAPH B OF SUBDIVISION TWO OF SECTION
27-1305 OF THIS TITLE, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE WHICH ADDED THIS
SECTION, IF THE COMMISSIONER INTENDS TO ISSUE AN ORDER TO SUCH RESPONSI-
BLE PERSONS. NO SUCH ORDERS SHALL BE ISSUED WITHIN A ONE-YEAR PERIOD
AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
TWENTY-FIVE WHICH ADDED THIS SECTION.
§ 10. The environmental conservation law is amended by adding a new
section 27-1331 to read as follows:
§ 27-1331. COMMUNITY PARTICIPATION.
1. TO FACILITATE AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE REMEDIAL
PROGRAM AND ENABLE COMMUNITY MEMBERS TO PARTICIPATE MORE FULLY IN DECI-
SIONS THAT AFFECT THEIR COMMUNITY, THE DEPARTMENT SHALL PROVIDE OPPORTU-
NITIES FOR COMMUNITY INVOLVEMENT AND SHALL CONSULT WITH THE PUBLIC
THROUGHOUT THAT PROCESS, BEFORE THE DEPARTMENT FORMS OR ADOPTS FINAL
POSITIONS. THE PRIMARY GOALS OF THE COMMUNITY PARTICIPATION PROGRAM AT
SITES ARE TO FACILITATE TWO-WAY COMMUNICATION BETWEEN THE DEPARTMENT AND
INDIVIDUALS, GROUPS, AND ORGANIZATIONS THAT HAVE EXPRESSED INTEREST IN
OR ARE AFFECTED BY THE SITE OR THE SITE'S REMEDIAL PROGRAM, WITH A
SPECIAL FOCUS ON SITES IN DISADVANTAGED COMMUNITIES AND TO TAKE INTO
ACCOUNT THE COMMUNITY'S INTERESTS IN THE DECISION-MAKING PROCESS ASSOCI-
ATED WITH THE REMEDIATION OF SITES.
2. ALL INACTIVE HAZARDOUS WASTE DISPOSAL SITE REMEDIAL PROGRAMS SHALL
INCLUDE COMMUNITY PARTICIPATION ACTIVITIES WHICH, AT A MINIMUM, SHALL
INCLUDE, BUT ARE NOT LIMITED TO, THE PREPARATION OF A COMMUNITY PARTIC-
IPATION PLAN, ESTABLISHMENT OF A DOCUMENT REPOSITORY, AND PUBLIC NOTICE
TO INTERESTED INDIVIDUALS AND GROUPS WITH A PRESCRIBED COMMENT PERIOD AT
SELECT MILESTONES.
S. 3008--C 109 A. 3008--C
3. THE DESIGN OF EACH COMMUNITY PARTICIPATION PLAN, INCLUDING THE
LEVEL OF COMMUNITY INVOLVEMENT AND THE TOOLS UTILIZED, SHALL TAKE INTO
ACCOUNT THE SCOPE AND SCALE OF THE PROPOSED INACTIVE HAZARDOUS WASTE
DISPOSAL SITE REMEDIAL PROGRAM, LOCAL INTEREST AND HISTORY, LOCATION
WITHIN A DISADVANTAGED COMMUNITY, AND OTHER RELEVANT FACTORS. WHILE
RETAINING FLEXIBILITY TO TAILOR EACH PLAN TO EACH SITE, COMMUNITY
PARTICIPATION PLANS SHALL EMBODY THE FOLLOWING PRINCIPLES OF MEANINGFUL
COMMUNITY PARTICIPATION:
A. OPPORTUNITIES FOR COMMUNITY INVOLVEMENT SHOULD BE PROVIDED AS EARLY
AS POSSIBLE IN THE DECISION-MAKING PROCESS PRIOR TO THE SELECTION OF A
PREFERRED COURSE OF ACTION BY THE DEPARTMENT AND/OR THE RESPONSIBLE
PERSON;
B. ACTIVITIES PROPOSED IN SUCH PLAN SHOULD BE AS REFLECTIVE OF THE
DIVERSITY OF INTERESTS AND PERSPECTIVE FOUND WITHIN THE COMMUNITY AS
POSSIBLE, ALLOWING THE PUBLIC THE OPPORTUNITY TO HAVE THEIR VIEWS HEARD
AND CONSIDERED, WHICH MAY INCLUDE OPPORTUNITIES FOR DIALOGUE; AND
C. FULL, TIMELY, AND ACCESSIBLE DISCLOSURE AND SHARING OF INFORMATION
BY THE DEPARTMENT SHALL BE PROVIDED, INCLUDING THE PROVISION OF TECHNI-
CAL DATA AND THE ASSUMPTIONS UPON WHICH ANY ANALYSES ARE BASED.
4. EACH COMMUNITY PARTICIPATION PLAN SHALL INCLUDE THE FOLLOWING MINI-
MUM ELEMENTS:
A. AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE REMEDIAL PROGRAM SITE
CONTACT LIST;
B. THE NAME AND ADDRESS OF A DOCUMENT REPOSITORY AND PROOF OF ACCEPT-
ANCE OF THIS DESIGNATION BY THE REPOSITORY;
C. OVERVIEW OF THE SITE'S HISTORY AND CONTAMINATION ISSUES, INCLUDING
THE NATURE OF THREATS TO PUBLIC HEALTH AND THE ENVIRONMENT, ONCE KNOWN;
D. IDENTIFICATION OF MAJOR ISSUES OF PUBLIC CONCERN RELATED TO THE
SITE AND A DESCRIPTION OF ANY INTERIM ACTIONS PLANNED OR TAKEN TO
ADDRESS THE ISSUES, IF APPROPRIATE;
E. A DESCRIPTION OF THE PHASES OF THE MAJOR ELEMENTS OF THE INACTIVE
HAZARDOUS WASTE DISPOSAL SITE REMEDIAL PROGRAM;
F. A DESCRIPTION OF COMMUNITY PARTICIPATION ACTIVITIES CONDUCTED OR
PLANNED RELATIVE TO THE INACTIVE HAZARDOUS WASTE DISPOSAL SITE; AND
G. A DESCRIPTION OF ANY ADDITIONAL COMMUNITY PARTICIPATION ACTIVITIES
NEEDED TO ADDRESS PUBLIC CONCERNS.
5. ALL COMMUNITY PARTICIPATION PLANS WILL BE SUBJECT TO DEPARTMENT
REVIEW AND APPROVAL. THE CITIZEN PARTICIPATION PLAN SHALL BE UPDATED
DURING THE IMPLEMENTATION OF THE INACTIVE HAZARDOUS WASTE DISPOSAL SITE
REMEDIAL PROGRAM.
6. DOCUMENT REPOSITORY. A DOCUMENT REPOSITORY SHALL BE ESTABLISHED AT
A LOCATION ACCESSIBLE TO THE PUBLIC WHERE THEY CAN REVIEW THE INACTIVE
HAZARDOUS WASTE DISPOSAL SITE REMEDIAL PROGRAM DOCUMENTS, AND AN ELEC-
TRONIC REPOSITORY SHALL ALSO EXIST ON THE DEPARTMENT'S WEBSITE.
A. DOCUMENTS SHALL BE PLACED IN THE REPOSITORY, WHICH ARE:
(I) APPROVED BY THE DEPARTMENT; OR
(II) OTHERWISE DESIGNATED BY THE DEPARTMENT FOR INCLUSION.
B. THE RESPONSIBLE PERSON SHALL MAKE AVAILABLE TO THE DEPARTMENT ALL
APPROPRIATE DOCUMENTS FOR INCLUSION IN THE REPOSITORY.
§ 11. Section 71-2705 of the environmental conservation law, as added
by chapter 550 of the laws of 1980, subdivision 1 as amended by section
30 and subdivision 2 as amended by section 31 of part C of chapter 62 of
the laws of 2003, is amended to read as follows:
§ 71-2705. Violations of titles 9, 11 and 13 of article 27 of this chap-
ter.
S. 3008--C 110 A. 3008--C
1. Civil and administrative sanctions. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by titles 9,
11 and 13 of article 27 or any rule or regulation promulgated pursuant
thereto, or any term or condition of any certificate or permit issued
pursuant thereto, or any final determination or order of the commission-
er made pursuant to this title shall be liable in the case of a first
violation, for a civil penalty not to exceed [thirty-seven] SIXTY-FIVE
thousand [five hundred] dollars and an additional penalty of not more
than [thirty-seven] SIXTY-FIVE thousand [five hundred] dollars for each
day during which such violation continues, to be assessed by the commis-
sioner after an opportunity to be heard pursuant to the provisions of
section 71-1709 of this article, or by the court in any action or
proceeding pursuant to section 71-2727 of this title, and, in addition
thereto, such person may by similar process be enjoined from continuing
such violation and any permit or certificate issued to such person may
be revoked or suspended or a pending renewal application denied. In the
case of a second and any further violation, the liability shall be for a
civil penalty not to exceed [seventy-five] ONE HUNDRED TWENTY-FIVE thou-
sand dollars for each such violation and an additional penalty not to
exceed [seventy-five] ONE HUNDRED TWENTY-FIVE thousand dollars for each
day during which such violation continues.
2. Criminal sanctions. Any person who, having any of the culpable
mental states defined in section 15.05 of the penal law, shall violate
any of the provisions of or who fails to perform any duty imposed by
titles 9, 11 and 13 of article 27 or any rules and regulations promul-
gated pursuant thereto, or any term or condition of any certificate or
permit issued pursuant thereto, or any final determination or order of
the commissioner made pursuant to this title shall be guilty of a misde-
meanor and, upon conviction thereof, shall for a first conviction be
punished by a fine not to exceed [thirty-seven] SIXTY-FIVE thousand
[five hundred] dollars per day of violation or by imprisonment for a
term of not more than one year, or both such fine and imprisonment. If
the conviction is for an offense committed after a first conviction of
such person under this subdivision, punishment shall be by a fine not to
exceed [seventy-five] ONE HUNDRED TWENTY-FIVE thousand dollars per day
of violation, or by imprisonment for not more than two years or by both
such fine and imprisonment.
§ 12. Subdivisions 1 and 4 of section 97-b of the state finance law,
subdivision 1 as amended by section 3 of part AA of chapter 58 of the
laws of 2018 and subdivision 4 as amended by chapter 38 of the laws of
1985, are amended to read as follows:
1. There is hereby established in the custody of the state comptroller
a nonlapsing revolving fund to be known as the "hazardous waste remedial
fund", which shall consist of a "site investigation and construction
account", an "industry fee transfer account", an "environmental restora-
tion project account", A "hazardous waste cleanup account", and a
"hazardous waste remediation oversight and assistance account".
4. [No] WITH RESPECT TO MONEYS IN THE HAZARDOUS WASTE CLEANUP ACCOUNT,
NO moneys shall be available from the fund pursuant to paragraph (a) of
subdivision three of this section unless the commissioner of environ-
mental conservation finds that all reasonable efforts to secure volun-
tary agreement to pay the costs of necessary remedial actions from
owners or operators of inactive hazardous waste sites or other responsi-
ble persons have been made except where the commissioner of environ-
mental conservation has made findings pursuant to paragraph b of subdi-
vision three of section 27-1313 of the environmental conservation law or
S. 3008--C 111 A. 3008--C
where; the commissioner of health has declared a condition dangerous to
life or health and made findings pursuant to paragraph (b) of subdivi-
sion three of section one thousand three hundred eighty-nine-b of the
public health law.
§ 13. Subdivision 3 of section 1285-q of the public authorities law,
as amended by section 43 of part BB of chapter 56 of the laws of 2015,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing hazardous waste site remediation projects and environmental
restoration projects authorized by this section shall not exceed [two]
THREE billion [two] FOUR hundred FIFTY million dollars [and shall not
exceed one hundred million dollars for appropriations enacted for any
state fiscal year], provided that the bonds not issued for such appro-
priations may be issued pursuant to reappropriation in subsequent fiscal
years. No bonds shall be issued for the repayment of any new appropri-
ation enacted after March thirty-first, two thousand [twenty-six] THIR-
TY-SIX for hazardous waste site remediation projects authorized by this
section. Amounts authorized to be issued by this section shall be exclu-
sive 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 other-
wise 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 this 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.
§ 14. In addition to any other requirements in law, the department of
environmental conservation shall review the remedial program require-
ments of section 27-1415 of the environmental conservation law. Within
two years of the department of health issuing a maximum contaminant
level for a PFAS substance, the department of environmental conservation
shall update groundwater and soil cleanup objectives to include parame-
ters of such PFAS. No later than January first, two thousand twenty-sev-
en, the department of environmental conservation shall establish interim
generic PFAS soil and groundwater testing guidance to inform the devel-
opment of cleanup objectives until the department of health establishes
maximum contaminant, notification, or action levels for any PFAS chemi-
cal. Upon the establishment of any such levels by the department of
health, the department of environmental conservation shall develop chem-
ical-specific groundwater and soil clean up objectives.
§ 15. This act shall take effect immediately.
PART SS
Section 1. Paragraph (b) of subdivision 4 of section 391-u of the
general business law, as added by chapter 88 of the laws of 2020, is
amended to read as follows:
(b) A manufacturer that [produces, sells, or distributes] AT ANY TIME
MANUFACTURED, SOLD, OFFERED FOR SALE, OR DISTRIBUTED FOR SALE OR USE a
class B firefighting foam prohibited under subdivision three of this
section shall recall [the] SUCH product[, which includes]. SUCH RECALL
SHALL INCLUDE collection, transport, treatment, storage and safe
disposal[, after the implementation date of the restrictions set forth
in subdivision three of this section and reimburse] OF PFAS CHEMICALS,
S. 3008--C 112 A. 3008--C
AND REIMBURSEMENT OF the retailer or any other purchaser for [the] SUCH
product.
§ 2. Subdivision 1 of section 391-u of the general business law, as
added by chapter 88 of the laws of 2020, is amended by adding a new
paragraph (h) to read as follows:
(H) "INTENTIONALLY ADDED" SHALL HAVE THE SAME MEANING AS "INTEN-
TIONALLY ADDED CHEMICAL" SET FORTH IN SUBDIVISION FOUR OF SECTION
37-0121 OF THE ENVIRONMENTAL CONSERVATION LAW.
§ 3. Subdivision 5 of section 391-u of the general business law, as
added by chapter 88 of the laws of 2020, is amended by adding a new
paragraph (c) to read as follows:
(C) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, A MANUFACTURER
SHALL NOT MANUFACTURE, KNOWINGLY SELL, OFFER FOR SALE, DISTRIBUTE FOR
SALE OR DISTRIBUTE FOR USE IN THE STATE ANY FIREFIGHTING PERSONAL
PROTECTIVE EQUIPMENT TO WHICH PFAS CHEMICALS HAVE BEEN INTENTIONALLY
ADDED OR THAT CONTAINS PFAS CHEMICALS AT OR ABOVE A LEVEL ESTABLISHED BY
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION BY REGULATION.
§ 4. Paragraph (a) of subdivision 5 of section 391-u of the general
business law, as added by chapter 88 of the laws of 2020, is amended to
read as follows:
(a) A manufacturer or other person that sells firefighting personal
protective equipment to any person, local government, or state agency
must provide written notice to the purchaser at the time of sale if the
firefighting personal protective equipment contains PFAS chemicals. The
written notice must include a statement that the firefighting personal
protective equipment contains PFAS chemicals [and the reason PFAS chemi-
cals are added to the equipment].
§ 5. On or before January 31, 2027, the department of environmental
conservation shall make a recommendation to the legislature as to wheth-
er the prohibition established pursuant to paragraph (c) of subdivision
five of section 391-u of the general business law, as added by section
three of this act, should take effect on a different date with respect
to any components of firefighting personal protective equipment if it
determines, upon consultation with impacted stakeholders, including but
not limited to the New York city fire department, local fire depart-
ments, volunteer firefighter organizations, and employee organizations
representing firefighter bargaining units, that a lack of commercial
availability of such components that meet the current National Fire
Protection Association standards for such components poses a health and
safety threat to firefighters.
§ 6. This act shall take effect immediately; provided, however, that
section four of this act shall take effect January 1, 2028.
PART TT
Section 1. Section 1405 of the tax law is amended by adding a new
subdivision (c) to read as follows:
(C) CONVEYANCES OF REAL PROPERTY FOR OPEN SPACE, PARKS, OR HISTORIC
PRESERVATION PURPOSES TO ANY NOT-FOR-PROFIT TAX EXEMPT CORPORATION OPER-
ATED FOR CONSERVATION, ENVIRONMENTAL, PARKS OR HISTORIC PRESERVATION
PURPOSES SHALL BE EXEMPT FROM PAYMENT OF ADDITIONAL TAXES IMPOSED PURSU-
ANT TO SECTION FOURTEEN HUNDRED TWO-A OF THIS ARTICLE.
§ 2. This act shall take effect immediately.
PART UU
S. 3008--C 113 A. 3008--C
Intentionally Omitted
PART VV
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
2023. 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, 2025 and
such amounts shall be paid to the New York state energy research and
development authority on or before September 10, 2025. Upon receipt,
the New York state energy research and development authority shall
deposit such funds in the energy research and development operating fund
established pursuant to section 1859 of the public authorities law. The
New York state energy research and development authority is authorized
and directed to: (1) transfer up to $4 million to the state general fund
for climate change related services and expenses of the department of
environmental conservation from the funds received; and (2) commencing
in 2016, provide to the chair of the public service commission and the
director of the budget and the chairs and secretaries of the legislative
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
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
S. 3008--C 114 A. 3008--C
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, 2025.
PART WW
Intentionally Omitted
PART XX
Section 1. Expenditures of moneys appropriated to the department of
agriculture and markets from the special revenue funds-other/state oper-
ations, miscellaneous special revenue fund-339, public service account
shall be subject to the provisions of this section. Notwithstanding any
other provision of law to the contrary, direct and indirect expenses
relating to the department of agriculture and markets' participation in
general ratemaking proceedings pursuant to section 65 of the public
service law or certification proceedings or permits issued pursuant to
article 7, 8, or 10 of the public service law, shall be deemed expenses
of the department of public service within the meaning of section 18-a
of the public service law. No later than August 15, 2026, the commis-
sioner of the department of agriculture and markets shall submit an
accounting of such expenses, including, but not limited to, expenses in
the prior state fiscal year for personal and non-personal services and
fringe benefits, to the chair of the public service commission for the
chair's review pursuant to the provisions of section 18-a of the public
service law.
§ 2. Expenditures of moneys appropriated to the department of state
from the special revenue funds-other/state operations, miscellaneous
special revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the activities
of the department of state's utility intervention unit pursuant to
subdivision 4 of section 94-a of the executive law, including, but not
limited to participation in general ratemaking proceedings pursuant to
section 65 of the public service law or certification proceedings or
permits issued pursuant to article 7, 8, or 10 of the public service
law, shall be deemed expenses of the department of public service within
the meaning of section 18-a of the public service law. No later than
August 15, 2026, the secretary of state shall submit an accounting of
such expenses, including, but not limited to, expenses in the prior
state fiscal year for personal and non-personal services and fringe
benefits, to the chair of the public service commission for the chair's
review pursuant to the provisions of section 18-a of the public service
law.
§ 3. Expenditures of moneys appropriated to the office of parks,
recreation and historic preservation from the special revenue funds-
other/state operations, miscellaneous special revenue fund-339, public
service account shall be subject to the provisions of this section.
Notwithstanding any other provision of law to the contrary, direct and
indirect expenses relating to the office of parks, recreation and
historic preservation's participation in general ratemaking proceedings
pursuant to section 65 of the public service law or certification
proceedings or permits issued pursuant to article 7, 8, or 10 of the
S. 3008--C 115 A. 3008--C
public service law, shall be deemed expenses of the department of public
service within the meaning of section 18-a of the public service law.
No later than August 15, 2026, the commissioner of the office of parks,
recreation and historic preservation shall submit an accounting of such
expenses, including, but not limited to, expenses in the prior state
fiscal year for personal and non-personal services and fringe benefits,
to the chair of the public service commission for the chair's review
pursuant to the provisions of section 18-a of the public service law.
§ 4. Expenditures of moneys appropriated to the department of environ-
mental conservation from the special revenue funds-other/state oper-
ations, environmental conservation special revenue fund-301, utility
environmental regulation account shall be subject to the provisions of
this section. Notwithstanding any other provision of law to the contra-
ry, direct and indirect expenses relating to the department of environ-
mental conservation's participation in state energy policy proceedings,
or certification proceedings or permits issued pursuant to article 7, 8,
or 10 of the public service law, shall be deemed expenses of the depart-
ment of public service within the meaning of section 18-a of the public
service law. No later than August 15, 2026, the commissioner of the
department of environmental conservation shall submit an accounting of
such expenses, including, but not limited to, expenses in the prior
state fiscal year for personal and non-personal services and fringe
benefits, to the chair of the public service commission for the chair's
review pursuant to the provisions of section 18-a of the public service
law.
§ 5. Notwithstanding any other law, rule or regulation to the contra-
ry, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service. No later than August 15,
2026, the commissioner of the department of health shall submit an
accounting of expenses in the prior state fiscal year to the chair of
the public service commission for the chair's review pursuant to the
provisions of section 217 of the public service law.
§ 6. Any expense deemed to be expenses of the department of public
service pursuant to sections one through four of this act shall not be
recovered through assessments imposed upon telephone corporations as
defined in subdivision 17 of section 2 of the public service law.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025 and shall
expire and be deemed repealed April 1, 2026.
PART YY
Section 1. Paragraph a of subdivision 1 of section 765 of the general
business law, as amended by section 6 of part X of chapter 57 of the
laws of 2013, is amended to read as follows:
a. Failure to comply with any provision of this article shall subject
an excavator or an operator to a civil penalty of up to [two thousand
five hundred] FOUR THOUSAND THREE HUNDRED SEVENTY-FIVE dollars for the
first violation and up to an additional [ten] SEVENTEEN thousand FIVE
HUNDRED dollars for each succeeding violation that occurs within a
twelve month period.
§ 2. Paragraph c of subdivision 1 of section 765 of the general busi-
ness law, as amended by chapter 445 of the laws of 1995, is amended to
read as follows:
S. 3008--C 116 A. 3008--C
c. An action to recover a penalty under this article may be brought in
the supreme court in the judicial district in which the violation was
alleged to have occurred which shall be commenced and prosecuted by the
attorney general. The public service commission shall, pursuant to
section one hundred nineteen-b of the public service law, forward to the
attorney general its determination of the amount of the penalty for
violations or rules and regulations adopted to implement the require-
ments of this article. Upon receipt of such determination, the attorney
general may commence an action to recover such penalty. All moneys
recovered in any such action, together with the costs thereof, AND ALL
MONEYS RECOVERED AS THE RESULT OF ANY SUCH PUBLIC SERVICE COMMIS-
SION DETERMINATION shall be paid into the [state treasury to the credit
of the general fund] ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT
TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
§ 3. Subdivision 3 of section 92-s of the state finance law, as
amended by chapter 734 of the laws of 2021, is amended to read as
follows:
3. Such fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one of the tax law, the
amount of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service charges pursuant to section
four hundred four-n of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three, all moneys required to be deposited
pursuant to section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments of loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three hundred nine of the laws of nineteen
hundred ninety-six, provided however, that such moneys shall only be
used for the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent order with the
Northville industries signed on October thirteenth, nineteen hundred
ninety-four and the related resource restoration and replacement plan,
the amount of penalties required to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law, all moneys collected
pursuant to title thirty-three of article fifteen of the environmental
conservation law, beginning with the fiscal year commencing on April
first, two thousand thirteen, nineteen million dollars, and all fiscal
years thereafter, twenty-three million dollars plus all funds received
by the state each fiscal year in excess of the greater of the amount
received from April first, two thousand twelve through March thirty-
first, two thousand thirteen or one hundred twenty-two million two
hundred thousand dollars, from the payments collected pursuant to subdi-
vision four of section 27-1012 of the environmental conservation law and
all funds collected pursuant to section 27-1015 of the environmental
conservation law, all moneys required to be deposited pursuant to
sections 27-2805 and 27-2807 of the environmental conservation law, all
moneys collected pursuant to section 71-2730 of the environmental
conservation law, ALL MONEYS REQUIRED TO BE DEPOSITED PURSUANT TO
S. 3008--C 117 A. 3008--C
SECTION SEVEN HUNDRED SIXTY-FIVE OF THE GENERAL BUSINESS LAW, all moneys
required to be deposited pursuant to section 27-3205 of the environ-
mental conservation law, and all other moneys credited or transferred
thereto from any other fund or source pursuant to law. All such revenue
shall be initially deposited into the environmental protection fund, for
application as provided in subdivision five of this section.
§ 4. Section 4 of chapter 522 of the laws of 2000, amending the state
finance law and the general business law relating to establishing the
underground facilities safety training account, as amended by section 1
of item YY of subpart B of part XXX of chapter 58 of the laws of 2020,
is amended to read as follows:
§ 4. This act shall take effect thirty days after it shall have become
a law and SECTIONS ONE AND THREE OF THIS ACT shall expire and be deemed
repealed October 1, 2025.
§ 5. This act shall take effect immediately; provided, however, that
the amendments to paragraph c of subdivision 1 of section 765 of the
general business law made by section two of this act shall take effect
on the same date and in the same manner as the reversion of such para-
graph as provided in section 4 of chapter 522 of the laws of 2000, as
amended.
PART ZZ
Section 1. Subdivision (a) of section 314 of the tax law, as amended
by chapter 100 of the laws of 2025, is amended to read as follows:
(a) General. Except in accordance with proper judicial order or as
otherwise provided by law, it shall be unlawful for any tax commission-
er, any officer or employee of the department of taxation and finance,
or any person who, pursuant to this section, is permitted to inspect any
return, or to whom any information contained in any return is furnished,
or any person engaged or retained by such department on an independent
contract basis, or any person who in any manner may acquire knowledge of
the contents of a return filed pursuant to this article, to divulge or
make known in any manner the amount of income or gross receipts or any
particulars set forth or disclosed in any return under this article. The
officers charged with the custody of such returns shall not be required
to produce any of them or evidence of anything contained in them in any
action or proceeding in any court, except on behalf of the state or the
commissioner of taxation and finance in an action or proceeding under
the provisions of this chapter or in any other action or proceeding
involving the collection of a tax due under this chapter to which the
state or the commissioner is a party or a claimant, or on behalf of any
party to any action or proceeding under the provisions of this article
when the returns or facts shown thereby are directly involved in such
action or proceeding, in any of which events the court may require the
production of, and may admit in evidence, so much of said returns or of
the facts shown thereby as are pertinent to the action or proceeding and
no more. The commissioner may, nevertheless, publish a copy or a summary
of any determination or decision rendered after the formal hearing
provided for in this chapter. Nothing herein shall be construed to
prohibit the delivery to a petroleum business or its duly authorized
representative of a copy of any return filed by it, nor to prohibit the
publication of statistics so classified as to prevent the identification
of particular returns and the items thereof, or the disclosure of data
other than taxpayer identity information from a return or returns of one
or more petroleum or fossil fuel businesses to the department of envi-
S. 3008--C 118 A. 3008--C
ronmental conservation or the New York state energy research and devel-
opment authority for the purpose of implementing the New York state
climate change superfund act, THE CLIMATE LEADERSHIP AND COMMUNITY
PROTECTION ACT, CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND
NINETEEN, PROMULGATION OF REGULATIONS THEREUNDER, AND ACHIEVEMENT OF THE
STATEWIDE GREENHOUSE GAS EMISSION LIMITS, AS DEFINED AND ESTABLISHED IN
ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW, or the
publication of delinquent lists showing the names of petroleum busi-
nesses who have failed to pay their taxes at the time and in the manner
provided by section three hundred eight of this article together with
any relevant information which in the opinion of the commissioner may
assist in the collection of such delinquent taxes; or the inspection by
the attorney general or other legal representatives of the state of the
return of any petroleum business which shall bring action to set aside
or review the tax based thereon, or against whom an action or proceeding
under this chapter has been recommended by the commissioner or the
attorney general or has been instituted; or the inspection of the
returns of any petroleum business by the comptroller or duly designated
officer or employee of the state department of audit and control, for
purposes of the audit of a refund of any tax paid by such petroleum
business under this article. Provided, further, nothing herein shall be
construed to prohibit the disclosure of taxpayer identity information,
including name, mailing address and taxpayer identifying number (social
security account number, or such other number as has been assigned by
the secretary of the United States treasury or such secretary's dele-
gate, or by the commissioner of taxation and finance), with respect to
persons who are registered as residual petroleum product or aviation
fuel businesses under this article or as distributors of motor fuel or
diesel motor fuel or kero-jet fuel only for the purpose of article
twelve-A of this chapter or this article, whose registration as a resi-
dual petroleum product business or as such distributor has been
cancelled or suspended pursuant to this article or such article twelve-A
or whose application for registration as a residual petroleum product
business or as such distributor has been refused pursuant to this arti-
cle or such article twelve-A. In addition, the commissioner may disclose
the fact that a person is not registered as a residual petroleum busi-
ness under this article or as a distributor of motor fuel, diesel motor
fuel or kero-jet fuel only under article twelve-A of this chapter.
Information disclosed pursuant to this subdivision shall not, by itself,
be construed as proof of compliance or noncompliance with the provisions
of this chapter.
§ 2. This act shall take effect immediately.
PART AAA
Intentionally Omitted
PART BBB
Section 1. Legislative intent. Pursuant to 2 U.S.C. § 2131, every
state is invited to provide and furnish to the United States Capitol two
statues, in marble or bronze, of deceased persons who were distinguished
and prominent citizens of the state for placement in the National Statu-
ary Hall Collection. New York is currently represented in the National
Statuary Hall Collection at the United States Capitol by Robert R.
S. 3008--C 119 A. 3008--C
Livingston and George Clinton, statues which were placed there in the
1870s.
Pursuant to 2 U.S.C. § 2132, a state has the option to replace statues
in the National Statuary Hall, that have been displayed for at least 10
years, by making a request to the Joint Committee on the Library of
Congress.
The Legislature recognizes that Harriet Tubman was a distinguished and
prominent New Yorker who meets the high standards required to represent
the great state of New York in the United States Capitol. One of Ameri-
ca's most famous abolitionists, Harriet Tubman was born enslaved in
Maryland in 1822 before escaping to freedom. She became a leading figure
of the Underground Railroad and she risked her life to help free dozens
of enslaved people. During the Civil War she became one of the first
African American women to serve in the military. In 1859, Harriet Tubman
purchased property in Auburn, NY, where she would live until her death
in 1913.
§ 2. Commission. (a) A commission is hereby established to replace the
statue of Robert R. Livingston with a statue of Harriet Tubman in the
National Statuary Hall of the United States Capitol. The commission
shall consist of the following appointees: the Governor, or a designee,
the Temporary President of the Senate, or a designee, the Speaker of the
Assembly, or a designee, the Executive director of the council on the
arts, or a designee, and the Commissioner of the office of general
services, or a designee.
(b) The commission shall be responsible for selecting the design of
the statue of Harriet Tubman. The statue shall be designed and created
in accordance with the published guidelines set forth by the Architect
of the United States Capitol.
(c) The Governor, along with the commission, shall submit an official,
written request, along with a copy of this act to the Joint Committee on
the Library of Congress, the Architect of the Capitol, the Speaker of
the United States House of Representatives, and the Presiding Officer of
the United States Senate. The request shall include a description of the
location in the state where the replaced statue of Robert R. Livingston
will be displayed after it is transferred.
(d) Upon approval for replacement of the statue of Robert R. Living-
ston by the Architect of the Capitol with a statue of Harriet Tubman,
the Governor shall formalize an agreement between the Architect of the
Capitol and the State of New York to complete the process.
§ 3. This act shall take effect September 1, 2025.
PART CCC
Section 1. Paragraph a of subdivision 2 and paragraph a of 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, are amended
to read as follows:
a. Until April 1, [2025] 2029, the commissioner, in consultation with
the New York state energy research and development authority, is author-
ized to issue rebates until the annual allocation is exhausted to muni-
cipalities toward the cost of any eligible infrastructure projects which
support the development of clean vehicles.
a. Until April 1, [2025] 2029, the commissioner, in consultation with
the New York state energy research and development authority, is author-
ized to issue rebates until the annual allocation is exhausted to muni-
cipalities toward the cost of eligible purchases of clean vehicles.
S. 3008--C 120 A. 3008--C
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on April 1, 2025.
PART DDD
Section 1. Subdivision 2 of section 7 of the cannabis law is amended
to read as follows:
2. Appointments. In addition to the chairperson, the governor shall
have two direct appointments to the board, and the temporary president
of the senate and the speaker of the assembly shall each have one direct
appointment to the board. Appointments shall be for a term of three
years each and should, to the extent possible, be geographically and
demographically representative of the state and communities historically
affected by the war on drugs. Board members shall be citizens and perma-
nent residents of this state. The chairperson and the remaining members
of such board shall continue to serve as chairperson and members of the
board until the expiration of the respective terms for which they were
appointed. Upon the expiration of such respective terms the successors
of such chairperson and members shall be appointed to serve for a term
of three years each and until their successors have been appointed and
qualified. The members[, except for the chairperson,] shall, when
performing the work of the board, be compensated at a rate of two
hundred sixty dollars per day, [and] together with an allowance for
actual and necessary expenses incurred in the discharge of their duties.
[The chairperson shall receive an annual salary not to exceed an amount
appropriated therefor by the legislature, and their expenses actually
and necessarily incurred in the performance of their official duties,
unless otherwise provided by the legislature.] No member or member's
spouse or minor child shall have any interest in an entity regulated by
the board.
§ 2. Subparagraphs (ii), (iii) and (iv) of paragraph (B) of subdivi-
sion 5 of section 7 of the cannabis law are amended to read as follows:
(ii) The governor shall provide immediate written notice to the tempo-
rary president of the senate and the speaker of the assembly of the
designation of a board member as acting chairperson; AND
(iii) If (a) the governor has not nominated a successor chairperson
upon the expiration of the six month term or (b) the senate does not
confirm the governor's successor nomination within the additional ninety
days, the board member designated as acting chairperson shall no longer
be able to serve as acting chairperson and the governor is prohibited
from extending the powers of that acting chairperson or from designating
another board member to serve as acting chairperson[; and
(iv) A board member serving as the acting chairperson of the cannabis
control board shall be deemed a state officer for purposes of section
seventy-three of the public officers law].
§ 3. Subdivision 22 of section 10 of the cannabis law is amended to
read as follows:
22. To enter into tribal-state compacts AND OTHER AGREEMENTS with the
New York state Indian nations and tribes, as defined by section two of
the Indian law, authorizing such Indian nations or tribes to acquire,
possess, manufacture, sell, deliver, transport, distribute or dispense
adult-use cannabis and/or medical cannabis.
§ 4. This act shall take effect immediately; provided however that
section one of this act shall take effect June 1, 2025.
PART EEE
S. 3008--C 121 A. 3008--C
Section 1. (a) As set forth in section two of the cannabis law, it is
the declared policy of the state to make substantial investments in
communities and people most impacted by cannabis criminalization to
address the collateral consequences of such criminalization.
(b) As set forth in section fifteen of the cannabis law, fees charged
for registrations, licensure, permits and renewals may vary depending
upon the nature and scope of the different registration, licensure and
permit activities.
(c) Pursuant to section sixty-eight-a of the cannabis law, a regis-
tered organization is the only licensee allowed to engage in the culti-
vation, processing, distribution and retail of both medical cannabis and
adult use cannabis.
(d) Given such privileges, a special license fee should be imposed
upon registered organizations obtaining a license under section sixty-
eight-a of the cannabis law.
(e) To support the aforesaid policy, the special license fees
collected pursuant to section two of this act should be applied toward
social and economic equity and incubator assistance pursuant to the
cannabis law and paragraph (c) of subdivision three of section ninety-
nine-ii of the state finance law.
§ 2. Subdivision 1-a of section 63 of the cannabis law is amended to
read as follows:
1-a. [The board shall also have the authority to assess a registered
organization with] (A) IN ADDITION TO ANY OTHER FEE AUTHORIZED BY THIS
CHAPTER, THERE SHALL BE a [one-time] special licensing fee for a regis-
tered organization adult-use cultivator processor, distributor retail
dispensary license ISSUED PURSUANT TO SECTION SIXTY-EIGHT-A OF THIS
ARTICLE. Such fee shall be [assessed at an amount] USED to [adequately]
fund social and economic equity and incubator assistance pursuant to
this article and paragraph (c) of subdivision three of section ninety-
nine-ii of the state finance law.
(B) FOR PURPOSES OF THIS SUBDIVISION, "CO-LOCATED ADULT-USE RETAIL
DISPENSARY" SHALL MEAN AN ADULT-USE RETAIL DISPENSARY OPERATED BY A
REGISTERED ORGANIZATION AT ONE OF SUCH REGISTERED ORGANIZATION'S MEDICAL
DISPENSARY PREMISES PURSUANT TO SECTION SIXTY-EIGHT-A OF THIS ARTICLE.
(C) SUCH SPECIAL FEE SHALL BE PAID AS FOLLOWS:
(I) THREE MILLION DOLLARS AT THE TIME THE REGISTERED ORGANIZATION
ADULT-USE CULTIVATOR PROCESSOR DISTRIBUTOR RETAIL DISPENSARY LICENSE IS
ISSUED;
(II) FOUR MILLION DOLLARS WITHIN ONE HUNDRED EIGHTY DAYS OF THE OPEN-
ING OF THE LICENSEE'S SECOND CO-LOCATED ADULT-USE RETAIL DISPENSARY;
(III) FOUR MILLION DOLLARS WITHIN THIRTY DAYS OF THE FIRST ONE HUNDRED
MILLION DOLLARS IN REVENUE GENERATED BY THE REGISTERED ORGANIZATION
ADULT-USE CULTIVATOR PROCESSOR DISTRIBUTOR RETAIL DISPENSARY; AND
(IV) FOUR MILLION DOLLARS WITHIN THIRTY DAYS OF THE SECOND ONE HUNDRED
MILLION DOLLARS IN REVENUE GENERATED BY THE REGISTERED ORGANIZATION
ADULT-USE CULTIVATOR PROCESSOR DISTRIBUTOR RETAIL DISPENSARY.
(D) Provided, however, that the board shall not allow registered
organizations to dispense adult-use cannabis from more than three of
their medical cannabis dispensing locations. The timing and manner in
which registered organizations may be granted such authority shall be
determined by the board in regulation.
(E) FAILURE TO MAKE ANY PAYMENT REQUIRED BY PARAGRAPH (C) OF THIS
SUBDIVISION WILL RESULT IN THE SUSPENSION OF THE REGISTERED ORGANIZA-
TION'S AUTHORITY TO OPERATE CO-LOCATED ADULT-USE DISPENSARIES UNTIL SUCH
PAYMENT IS ACKNOWLEDGED BY THE OFFICE.
S. 3008--C 122 A. 3008--C
(F) FAILURE TO MAKE ANY PAYMENT REQUIRED BY PARAGRAPH (C) OF THIS
SUBDIVISION WILL RESULT, IN THE EVENT OF THE EXPIRATION OF THE LICENSE,
IN A DENIAL OF THE RENEWAL OF THE LICENSE.
(G) IN THE EVENT THAT A REGISTERED ORGANIZATION ADULT-USE CULTIVATOR
PROCESSOR DISTRIBUTOR RETAIL DISPENSARY LICENSE EXPIRES, OR IS
CANCELLED, REVOKED OR OTHERWISE TERMINATED, THE REGISTERED ORGANIZATION
SHALL NOT BE REQUIRED TO MAKE ANY PAYMENTS REQUIRED BY THIS SUBDIVISION
THAT BECOME DUE AFTER THE DATE OF SUCH EXPIRATION, CANCELLATION, REVOCA-
TION OR OTHER TERMINATION OF THE LICENSE.
(H) A REGISTERED ORGANIZATION ADULT-USE CULTIVATOR PROCESSOR DISTRIBU-
TOR RETAIL DISPENSARY LICENSE APPROVED OR ISSUED PURSUANT TO THE
PROVISIONS OF SECTION SIXTY-EIGHT-A OF THIS ARTICLE PRIOR TO THE EFFEC-
TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE THAT
ADDED THIS PARAGRAPH SHALL BE SUBJECT TO THE AMENDMENTS MADE BY SUCH
CHAPTER.
(I) THE OFFICE SHALL DETERMINE THE SPECIAL LICENSE FEES DUE, IF ANY,
FOR ANY CO-LOCATED ADULT-USE DISPENSARIES OPERATING ON THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE THAT ADDED
THIS PARAGRAPH, PROVIDED THAT:
(I) ANY PAYMENT MADE PRIOR TO SUCH EFFECTIVE DATE BY A REGISTERED
ORGANIZATION SHALL BE CREDITED AS A PAYMENT TOWARD ANY FEE DUE OR THAT
SHALL BECOME DUE UNDER THIS SUBDIVISION, AS AMENDED BY THE CHAPTER OF
THE LAWS OF TWO THOUSAND TWENTY-FIVE; AND
(II) IF THERE IS A BALANCE DUE FOR A CO-LOCATED ADULT-USE DISPENSARY
UPON SUCH EFFECTIVE DATE, AFTER APPLYING THE CREDIT PROVIDED FOR IN THIS
PARAGRAPH, THE OFFICE SHALL DETERMINE THE TIMING AND MANNER BY WHICH
SUCH BALANCE SHALL BE PAID BY THE REGISTERED ORGANIZATION.
§ 3. Paragraph (c) of subdivision 3 of section 99-ii of the state
finance law, as added by chapter 92 of the laws of 2021, is amended to
read as follows:
(c) Actual and necessary costs incurred by the office of cannabis
management and the cannabis control board, and the urban development
corporation, related to the administration of incubators and other
assistance to qualified social and economic equity applicants including
the administration, capitalization, and provision of low and zero inter-
est loans to such applicants pursuant to section sixteen-ee of the urban
development corporation act. Such costs shall be paid out of revenues
received, including, but not limited to, from special [one-time] LICENSE
fees paid by registered organizations pursuant to section sixty-three of
the cannabis law.
§ 4. This act shall take effect immediately; provided, however, that
paragraph (i) of subdivision one-a of section sixty-three of the canna-
bis law, as added by section two of this act, shall expire and be deemed
repealed two hundred seventy days after such effective 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 EEE 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.