Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2021-2022 state fiscal year; relates to various criminal justice and public safety programs (Part A); relates to the administration of certain grant funds to and by the office for the prevention of domestic violence (Part B); provides for compliance with executive order two hundred three (Part L); relates to the closure of correctional facilities (Part M); extends the authorization of the recruitment incentive and retention program for certain active members of the New York army national guard, New York air national guard, and New York naval militia (Part P); enacts the "New York Medical Supplies Act" (Part BB); relates to bonds, notes, and revenues (Part RR); relates to the procurement process and procurement contracts (Part SS); provides for compensation, benefits and other terms and conditions of employment of members of the agency police services unit; implements an agreement or interest arbitration award between the state and the employee organization representing the members of the agency police services unit; makes an appropriation for the purpose of effectuating certain provisions thereof (Part VV); authorizes an exemption for class one capital improvements to residential buildings and certain new construction in a special assessing unit that is not a city (Part WW); relates to funding of local government entities by the urban development corporation, and to the effectiveness of such provisions related to certain local governments (Part XX); extends the authorization of provisions regarding procurements by the New York city transit authority and metropolitan transportation authority (Part YY); establishes a deer hunting pilot program (Part ZZ); authorizes the grant of certain easements to Alle-Catt Wind Energy LLC on a proportion of real property within the Farmersville State Forest, Swift Hill State Forest, and Lost Nation State Forest (Part AAA); makes technical amendments related to the office of renewable energy siting; establishes the farmland protection working group (Part BBB); relates to infrastructure projects relating to clean vehicle projects (Part CCC); relates to the clean energy resources development and incentives program (Part DDD).
STATE OF NEW YORK
________________________________________________________________________
S. 2505--C A. 3005--C
SENATE - ASSEMBLY
January 20, 2021
___________
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 chapter 887 of the laws of 1983, amending the correction
law relating to the psychological testing of candidates, in relation
to the effectiveness thereof; to amend chapter 428 of the laws of
1999, amending the executive law and the criminal procedure law relat-
ing to expanding the geographic area of employment of certain police
officers, in relation to extending the expiration of such chapter; to
amend chapter 886 of the laws of 1972, amending the correction law and
the penal law relating to prisoner furloughs in certain cases and the
crime of absconding therefrom, in relation to the effectiveness there-
of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, in
relation to the effectiveness thereof; to amend chapter 339 of the
laws of 1972, amending the correction law and the penal law relating
to inmate work release, furlough and leave, in relation to the effec-
tiveness thereof; to amend chapter 60 of the laws of 1994 relating to
certain provisions which impact upon expenditure of certain appropri-
ations made by chapter 50 of the laws of 1994 enacting the state oper-
ations budget, in relation to the effectiveness thereof; to amend
chapter 3 of the laws of 1995, amending the correction law and other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12570-05-1
S. 2505--C 2 A. 3005--C
laws relating to the incarceration fee, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 62
of the laws of 2011, amending the correction law and the executive
law, relating to merging the department of correctional services and
division of parole into the department of corrections and community
supervision, in relation to the effectiveness thereof; to amend chap-
ter 55 of the laws of 1992, amending the tax law and other laws relat-
ing to taxes, surcharges, fees and funding, in relation to extending
the expiration of certain provisions of such chapter; to amend chapter
907 of the laws of 1984, amending the correction law, the New York
city criminal court act and the executive law relating to prison and
jail housing and alternatives to detention and incarceration programs,
in relation to extending the expiration of certain provisions of such
chapter; to amend chapter 166 of the laws of 1991, amending the tax
law and other laws relating to taxes, in relation to extending the
expiration of certain provisions of such chapter; to amend the vehicle
and traffic law, in relation to extending the expiration of the manda-
tory surcharge and victim assistance fee; to amend chapter 713 of the
laws of 1988, amending the vehicle and traffic law relating to the
ignition interlock device program, in relation to extending the expi-
ration thereof; to amend chapter 435 of the laws of 1997, amending the
military law and other laws relating to various provisions, in
relation to extending the expiration date of the merit provisions of
the correction law and the penal law of such chapter; to amend chapter
412 of the laws of 1999, amending the civil practice law and rules and
the court of claims act relating to prisoner litigation reform, in
relation to extending the expiration of the inmate filing fee
provisions of the civil practice law and rules and general filing fee
provision and inmate property claims exhaustion requirement of the
court of claims act of such chapter; to amend chapter 222 of the laws
of 1994 constituting the family protection and domestic violence
intervention act of 1994, in relation to extending the expiration of
certain provisions of the criminal procedure law requiring the arrest
of certain persons engaged in family violence; to amend chapter 505 of
the laws of 1985, amending the criminal procedure law relating to the
use of closed-circuit television and other protective measures for
certain child witnesses, in relation to extending the expiration of
the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
ing the sentencing reform act of 1995, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 689
of the laws of 1993 amending the criminal procedure law relating to
electronic court appearance in certain counties, in relation to
extending the expiration thereof; to amend chapter 688 of the laws of
2003, amending the executive law relating to enacting the interstate
compact for adult offender supervision, in relation to the effective-
ness thereof; to amend chapter 56 of the laws of 2009, amending the
correction law relating to limiting the closing of certain correction-
al facilities, providing for the custody by the department of correc-
tional services of inmates serving definite sentences, providing for
custody of federal prisoners and requiring the closing of certain
correctional facilities, in relation to the effectiveness of such
chapter; to amend chapter 152 of the laws of 2001 amending the mili-
tary law relating to military funds of the organized militia, in
relation to the effectiveness thereof; to amend chapter 554 of the
laws of 1986, amending the correction law and the penal law relating
to providing for community treatment facilities and establishing the
S. 2505--C 3 A. 3005--C
crime of absconding from the community treatment facility, in relation
to the effectiveness thereof; and to amend chapter 55 of the laws of
2018, amending the criminal procedure law relating to the pre-criminal
proceeding settlements in the City of New York, in relation to the
effectiveness thereof (Part A); to amend the executive law, in
relation to the administration of certain grant funds to and by the
office for the prevention of domestic violence (Part B); intentionally
omitted (Part C); intentionally omitted (Part D); intentionally omit-
ted (Part E); intentionally omitted (Part F); Intentionally omitted
(Part G); intentionally omitted (Part H); intentionally omitted (Part
I); intentionally omitted (Part J); intentionally omitted (Part K); to
amend the executive law, in relation to monitoring compliance with
executive order two hundred three; and providing for the repeal of
such provisions upon expiration thereof (Part L); in relation to the
closure of correctional facilities; and providing for the repeal of
such provisions upon the expiration thereof (Part M); intentionally
omitted (Part N); intentionally omitted (Part O); to amend chapter 268
of the laws of 1996, amending the education law and the state finance
law relating to providing a recruitment incentive and retention
program for certain active members of the New York army national
guard, New York air national guard, and New York naval militia, in
relation to the effectiveness of such chapter (Part P); intentionally
omitted (Part Q); intentionally omitted (Part R); intentionally omit-
ted (Part S); intentionally omitted (Part T); intentionally omitted
(Part U); intentionally omitted (Part V); intentionally omitted (Part
W); intentionally omitted (Part X); intentionally omitted (Part Y);
intentionally omitted (Part Z); intentionally omitted (Part AA); to
amend the state finance law and the public authorities law, in
relation to enacting the "New York medical supplies act" (Part BB);
intentionally omitted (Part CC); intentionally omitted (Part DD);
intentionally omitted (Part EE); intentionally omitted (Part FF);
intentionally omitted (Part GG); intentionally omitted (Part HH);
intentionally omitted (Part II); intentionally omitted (Part JJ); to
amend the state finance law, in relation to video lottery terminal aid
(Part KK); intentionally omitted (Part LL); intentionally omitted
(Part MM); intentionally omitted (Part NN); intentionally omitted
(Part OO); intentionally omitted (Part PP); intentionally omitted
(Part QQ); to amend chapter 83 of the laws of 1995 amending the state
finance law and other laws relating to bonds, notes and revenues, in
relation to the effectiveness of certain provisions thereof (Part RR);
to amend chapter 1 of the laws of 2005, amending the state finance law
relating to restricting contacts in the procurement process and the
recording of contacts relating thereto, in relation to the effective-
ness thereof (Part SS); intentionally omitted (Part TT); intentionally
omitted (Part UU); to amend the civil service law, in relation to
compensation, benefits and other terms and conditions of employment of
members of the agency police services unit; to amend the state finance
law, in relation to the employee benefit fund for certain members of
the agency police services unit; to implement an agreement or interest
arbitration award between the state and the employee organization
representing the members of the agency police services unit; making an
appropriation for the purpose of effectuating certain provisions ther-
eof; and to repeal certain provisions of the civil service law relat-
ing thereto (Part VV); to amend the real property tax law, in relation
to authorizing an exemption for class one capital improvements to
residential buildings and certain new construction in a special
S. 2505--C 4 A. 3005--C
assessing unit that is not a city; and providing for the repeal of
such provisions upon the expiration thereof (Part WW); to amend
subpart H of part C of chapter 20 of the laws of 2015, appropriating
money for certain municipal corporations and school districts, in
relation to funding to local government entities from the urban devel-
opment corporation, and in relation to the effectiveness thereof (Part
XX); to amend part OO of chapter 54 of the laws of 2016, amending the
public authorities law relating to procurements by the New York city
transit authority and the metropolitan transportation authority, in
relation to the effectiveness thereof (Part YY); to amend the envi-
ronmental conservation law, in relation to establishing a deer hunting
pilot program; and providing for the repeal of such provisions upon
expiration thereof (Part ZZ); to authorize the grant of certain ease-
ments to Alle-Catt Wind Energy LLC on a portion of real property with-
in the Farmersville State Forest, Swift Hill State Forest, and Lost
Nation State Forest in the county of Allegany; and providing for the
repeal of such provisions upon the expiration thereof (Part AAA); to
amend the environmental conservation law and the executive law, in
relation to making technical amendments related to the office of
renewable energy siting, and in relation to establishing the farmland
protection working group (Part BBB); to amend the environmental
conservation law, in relation to clean vehicle projects (Part CCC);
and to amend the public authorities law, in relation to the clean
energy resources development and incentives program; and providing for
the repeal of such provisions upon expiration thereof (Part DDD)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 necessary to implement the state public protection and general govern-
3 ment budget for the 2021-2022 state fiscal year. Each component is whol-
4 ly contained within a Part identified as Parts A through DDD. The effec-
5 tive date for each particular provision contained within such Part is
6 set forth in the last section of such Part. Any provision in any section
7 contained within a Part, including the effective date of the Part, which
8 makes a reference to a section "of this act", when used in connection
9 with that particular component, shall be deemed to mean and refer to the
10 corresponding section of the Part in which it is found. Section three of
11 this act sets forth the general effective date of this act.
12 PART A
13 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
14 correction law relating to the psychological testing of candidates, as
15 amended by section 1 of part A of chapter 55 of the laws of 2020, is
16 amended to read as follows:
17 § 2. This act shall take effect on the one hundred eightieth day after
18 it shall have become a law and shall remain in effect until September 1,
19 [2021] 2023.
20 § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
21 tive law and the criminal procedure law relating to expanding the
22 geographic area of employment of certain police officers, as amended by
23 section 2 of part A of chapter 55 of the laws of 2020, is amended to
24 read as follows:
S. 2505--C 5 A. 3005--C
1 § 3. This act shall take effect on the first day of November next
2 succeeding the date on which it shall have become a law, and shall
3 remain in effect until the first day of September, [2021] 2023, when it
4 shall expire and be deemed repealed.
5 § 3. Section 3 of chapter 886 of the laws of 1972, amending the
6 correction law and the penal law relating to prisoner furloughs in
7 certain cases and the crime of absconding therefrom, as amended by
8 section 3 of part A of chapter 55 of the laws of 2020, is amended to
9 read as follows:
10 § 3. This act shall take effect 60 days after it shall have become a
11 law and shall remain in effect until September 1, [2021] 2023.
12 § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
13 50, 53 and 54 of the laws of 1987, the correction law, the penal law and
14 other chapters and laws relating to correctional facilities, as amended
15 by section 4 of part A of chapter 55 of the laws of 2020, is amended to
16 read as follows:
17 § 20. This act shall take effect immediately except that section thir-
18 teen of this act shall expire and be of no further force or effect on
19 and after September 1, [2021] 2023 and shall not apply to persons
20 committed to the custody of the department after such date, and provided
21 further that the commissioner of corrections and community supervision
22 shall report each January first and July first during such time as the
23 earned eligibility program is in effect, to the chairmen of the senate
24 crime victims, crime and correction committee, the senate codes commit-
25 tee, the assembly correction committee, and the assembly codes commit-
26 tee, the standards in effect for earned eligibility during the prior
27 six-month period, the number of inmates subject to the provisions of
28 earned eligibility, the number who actually received certificates of
29 earned eligibility during that period of time, the number of inmates
30 with certificates who are granted parole upon their first consideration
31 for parole, the number with certificates who are denied parole upon
32 their first consideration, and the number of individuals granted and
33 denied parole who did not have earned eligibility certificates.
34 § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
35 amending the tax law and other laws relating to taxes, surcharges, fees
36 and funding, as amended by section 5 of part A of chapter 55 of the laws
37 of 2020, is amended to read as follows:
38 (q) the provisions of section two hundred eighty-four of this act
39 shall remain in effect until September 1, [2021] 2023 and be applicable
40 to all persons entering the program on or before August 31, [2021] 2023.
41 § 6. Section 10 of chapter 339 of the laws of 1972, amending the
42 correction law and the penal law relating to inmate work release,
43 furlough and leave, as amended by section 6 of part A of chapter 55 of
44 the laws of 2020, is amended to read as follows:
45 § 10. This act shall take effect 30 days after it shall have become a
46 law and shall remain in effect until September 1, [2021] 2023, and
47 provided further that the commissioner of correctional services shall
48 report each January first, and July first, to the chairman of the senate
49 crime victims, crime and correction committee, the senate codes commit-
50 tee, the assembly correction committee, and the assembly codes commit-
51 tee, the number of eligible inmates in each facility under the custody
52 and control of the commissioner who have applied for participation in
53 any program offered under the provisions of work release, furlough, or
54 leave, and the number of such inmates who have been approved for partic-
55 ipation.
S. 2505--C 6 A. 3005--C
1 § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
2 relating to certain provisions which impact upon expenditure of certain
3 appropriations made by chapter 50 of the laws of 1994, enacting the
4 state operations budget, as amended by section 7 of part A of chapter 55
5 of the laws of 2020, is amended to read as follows:
6 (c) sections forty-one and forty-two of this act shall expire Septem-
7 ber 1, [2021] 2023; provided, that the provisions of section forty-two
8 of this act shall apply to inmates entering the work release program on
9 or after such effective date; and
10 § 8. Subdivision h of section 74 of chapter 3 of the laws of 1995,
11 amending the correction law and other laws relating to the incarceration
12 fee, as amended by section 8 of part A of chapter 55 of the laws of
13 2020, is amended to read as follows:
14 h. Section fifty-two of this act shall be deemed to have been in full
15 force and effect on and after April 1, 1995; provided, however, that the
16 provisions of section 189 of the correction law, as amended by section
17 fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
18 as amended by section fifty-six of this act, and section fifty-seven of
19 this act shall expire September 1, [2021] 2023, when upon such date the
20 amendments to the correction law and penal law made by sections fifty-
21 five and fifty-six of this act shall revert to and be read as if the
22 provisions of this act had not been enacted; provided, however, that
23 sections sixty-two, sixty-three and sixty-four of this act shall be
24 deemed to have been in full force and effect on and after March 1, 1995
25 and shall be deemed repealed April 1, 1996 and upon such date the
26 provisions of subsection (e) of section 9110 of the insurance law and
27 subdivision 2 of section 89-d of the state finance law shall revert to
28 and be read as set out in law on the date immediately preceding the
29 effective date of sections sixty-two and sixty-three of this act;
30 § 9. Subdivision (c) of section 49 of subpart A of part C of chapter
31 62 of the laws of 2011, amending the correction law and the executive
32 law relating to merging the department of correctional services and
33 division of parole into the department of corrections and community
34 supervision, as amended by section 9 of part A of chapter 55 of the laws
35 of 2020, is amended to read as follows:
36 (c) that the amendments to subdivision 9 of section 201 of the
37 correction law as added by section thirty-two of this act shall remain
38 in effect until September 1, [2021] 2023, when it shall expire and be
39 deemed repealed;
40 § 10. Subdivision (aa) of section 427 of chapter 55 of the laws of
41 1992, amending the tax law and other laws relating to taxes, surcharges,
42 fees and funding, as amended by section 10 of part A of chapter 55 of
43 the laws of 2020, is amended to read as follows:
44 (aa) the provisions of sections three hundred eighty-two, three
45 hundred eighty-three and three hundred eighty-four of this act shall
46 expire on September 1, [2021] 2023;
47 § 11. Section 12 of chapter 907 of the laws of 1984, amending the
48 correction law, the New York city criminal court act and the executive
49 law relating to prison and jail housing and alternatives to detention
50 and incarceration programs, as amended by section 11 of part A of chap-
51 ter 55 of the laws of 2020, is amended to read as follows:
52 § 12. This act shall take effect immediately, except that the
53 provisions of sections one through ten of this act shall remain in full
54 force and effect until September 1, [2021] 2023 on which date those
55 provisions shall be deemed to be repealed.
S. 2505--C 7 A. 3005--C
1 § 12. Subdivision (p) of section 406 of chapter 166 of the laws of
2 1991, amending the tax law and other laws relating to taxes, as amended
3 by section 12 of part A of chapter 55 of the laws of 2020, is amended to
4 read as follows:
5 (p) The amendments to section 1809 of the vehicle and traffic law made
6 by sections three hundred thirty-seven and three hundred thirty-eight of
7 this act shall not apply to any offense committed prior to such effec-
8 tive date; provided, further, that section three hundred forty-one of
9 this act shall take effect immediately and shall expire November 1, 1993
10 at which time it shall be deemed repealed; sections three hundred
11 forty-five and three hundred forty-six of this act shall take effect
12 July 1, 1991; sections three hundred fifty-five, three hundred fifty-
13 six, three hundred fifty-seven and three hundred fifty-nine of this act
14 shall take effect immediately and shall expire June 30, 1995 and shall
15 revert to and be read as if this act had not been enacted; section three
16 hundred fifty-eight of this act shall take effect immediately and shall
17 expire June 30, 1998 and shall revert to and be read as if this act had
18 not been enacted; section three hundred sixty-four through three hundred
19 sixty-seven of this act shall apply to claims filed on or after such
20 effective date; sections three hundred sixty-nine, three hundred seven-
21 ty-two, three hundred seventy-three, three hundred seventy-four, three
22 hundred seventy-five and three hundred seventy-six of this act shall
23 remain in effect until September 1, [2021] 2023, at which time they
24 shall be deemed repealed; provided, however, that the mandatory
25 surcharge provided in section three hundred seventy-four of this act
26 shall apply to parking violations occurring on or after said effective
27 date; and provided further that the amendments made to section 235 of
28 the vehicle and traffic law by section three hundred seventy-two of this
29 act, the amendments made to section 1809 of the vehicle and traffic law
30 by sections three hundred thirty-seven and three hundred thirty-eight of
31 this act and the amendments made to section 215-a of the labor law by
32 section three hundred seventy-five of this act shall expire on September
33 1, [2021] 2023 and upon such date the provisions of such subdivisions
34 and sections shall revert to and be read as if the provisions of this
35 act had not been enacted; the amendments to subdivisions 2 and 3 of
36 section 400.05 of the penal law made by sections three hundred seventy-
37 seven and three hundred seventy-eight of this act shall expire on July
38 1, 1992 and upon such date the provisions of such subdivisions shall
39 revert and shall be read as if the provisions of this act had not been
40 enacted; the state board of law examiners shall take such action as is
41 necessary to assure that all applicants for examination for admission to
42 practice as an attorney and counsellor at law shall pay the increased
43 examination fee provided for by the amendment made to section 465 of the
44 judiciary law by section three hundred eighty of this act for any exam-
45 ination given on or after the effective date of this act notwithstanding
46 that an applicant for such examination may have prepaid a lesser fee for
47 such examination as required by the provisions of such section 465 as of
48 the date prior to the effective date of this act; the provisions of
49 section 306-a of the civil practice law and rules as added by section
50 three hundred eighty-one of this act shall apply to all actions pending
51 on or commenced on or after September 1, 1991, provided, however, that
52 for the purposes of this section service of such summons made prior to
53 such date shall be deemed to have been completed on September 1, 1991;
54 the provisions of section three hundred eighty-three of this act shall
55 apply to all money deposited in connection with a cash bail or a
56 partially secured bail bond on or after such effective date; and the
S. 2505--C 8 A. 3005--C
1 provisions of sections three hundred eighty-four and three hundred
2 eighty-five of this act shall apply only to jury service commenced
3 during a judicial term beginning on or after the effective date of this
4 act; provided, however, that nothing contained herein shall be deemed to
5 affect the application, qualification, expiration or repeal of any
6 provision of law amended by any section of this act and such provisions
7 shall be applied or qualified or shall expire or be deemed repealed in
8 the same manner, to the same extent and on the same date as the case may
9 be as otherwise provided by law;
10 § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
11 amended by section 13 of part A of chapter 55 of the laws of 2020, is
12 amended to read as follows:
13 8. The provisions of this section shall only apply to offenses commit-
14 ted on or before September first, two thousand [twenty-one]
15 twenty-three.
16 § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
17 cle and traffic law relating to the ignition interlock device program,
18 as amended by section 14 of part A of chapter 55 of the laws of 2020, is
19 amended to read as follows:
20 § 6. This act shall take effect on the first day of April next
21 succeeding the date on which it shall have become a law; provided,
22 however, that effective immediately, the addition, amendment or repeal
23 of any rule or regulation necessary for the implementation of the fore-
24 going sections of this act on their effective date is authorized and
25 directed to be made and completed on or before such effective date and
26 shall remain in full force and effect until the first day of September,
27 [2021] 2023 when upon such date the provisions of this act shall be
28 deemed repealed.
29 § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
30 laws of 1997, amending the military law and other laws relating to vari-
31 ous provisions, as amended by section 15 of part A of chapter 55 of the
32 laws of 2020, is amended to read as follows:
33 a. sections forty-three through forty-five of this act shall expire
34 and be deemed repealed on September 1, [2021] 2023;
35 § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
36 the civil practice law and rules and the court of claims act relating to
37 prisoner litigation reform, as amended by section 16 of part A of chap-
38 ter 55 of the laws of 2020, is amended to read as follows:
39 § 4. This act shall take effect 120 days after it shall have become a
40 law and shall remain in full force and effect until September 1, [2021]
41 2023, when upon such date it shall expire.
42 § 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
43 constituting the family protection and domestic violence intervention
44 act of 1994, as amended by section 17 of part A of chapter 55 of the
45 laws of 2020, is amended to read as follows:
46 2. Subdivision 4 of section 140.10 of the criminal procedure law as
47 added by section thirty-two of this act shall take effect January 1,
48 1996 and shall expire and be deemed repealed on September 1, [2021]
49 2023.
50 § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
51 inal procedure law relating to the use of closed-circuit television and
52 other protective measures for certain child witnesses, as amended by
53 section 18 of part A of chapter 55 of the laws of 2020, is amended to
54 read as follows:
55 § 5. This act shall take effect immediately and shall apply to all
56 criminal actions and proceedings commenced prior to the effective date
S. 2505--C 9 A. 3005--C
1 of this act but still pending on such date as well as all criminal
2 actions and proceedings commenced on or after such effective date and
3 its provisions shall expire on September 1, [2021] 2023, when upon such
4 date the provisions of this act shall be deemed repealed.
5 § 19. Subdivision d of section 74 of chapter 3 of the laws of 1995,
6 enacting the sentencing reform act of 1995, as amended by section 19 of
7 part A of chapter 55 of the laws of 2020, is amended to read as follows:
8 d. Sections one-a through twenty, twenty-four through twenty-eight,
9 thirty through thirty-nine, forty-two and forty-four of this act shall
10 be deemed repealed on September 1, [2021] 2023;
11 § 20. Section 2 of chapter 689 of the laws of 1993, amending the crim-
12 inal procedure law relating to electronic court appearance in certain
13 counties, as amended by section 20 of part A of chapter 55 of the laws
14 of 2020, is amended to read as follows:
15 § 2. This act shall take effect immediately, except that the
16 provisions of this act shall be deemed to have been in full force and
17 effect since July 1, 1992 and the provisions of this act shall expire
18 September 1, [2021] 2023 when upon such date the provisions of this act
19 shall be deemed repealed.
20 § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
21 utive law relating to enacting the interstate compact for adult offender
22 supervision, as amended by section 21 of part A of chapter 55 of the
23 laws of 2020, is amended to read as follows:
24 § 3. This act shall take effect immediately, except that section one
25 of this act shall take effect on the first of January next succeeding
26 the date on which it shall have become a law, and shall remain in effect
27 until the first of September, [2021] 2023, upon which date this act
28 shall be deemed repealed and have no further force and effect; provided
29 that section one of this act shall only take effect with respect to any
30 compacting state which has enacted an interstate compact entitled
31 "Interstate compact for adult offender supervision" and having an iden-
32 tical effect to that added by section one of this act and provided
33 further that with respect to any such compacting state, upon the effec-
34 tive date of section one of this act, section 259-m of the executive law
35 is hereby deemed REPEALED and section 259-mm of the executive law, as
36 added by section one of this act, shall take effect; and provided
37 further that with respect to any state which has not enacted an inter-
38 state compact entitled "Interstate compact for adult offender super-
39 vision" and having an identical effect to that added by section one of
40 this act, section 259-m of the executive law shall take effect and the
41 provisions of section one of this act, with respect to any such state,
42 shall have no force or effect until such time as such state shall adopt
43 an interstate compact entitled "Interstate compact for adult offender
44 supervision" and having an identical effect to that added by section one
45 of this act in which case, with respect to such state, effective imme-
46 diately, section 259-m of the executive law is deemed repealed and
47 section 259-mm of the executive law, as added by section one of this
48 act, shall take effect.
49 § 22. Section 8 of part H of chapter 56 of the laws of 2009, amending
50 the correction law relating to limiting the closing of certain correc-
51 tional facilities, providing for the custody by the department of
52 correctional services of inmates serving definite sentences, providing
53 for custody of federal prisoners and requiring the closing of certain
54 correctional facilities, as amended by section 22 of part A of chapter
55 55 of the laws of 2020, is amended to read as follows:
S. 2505--C 10 A. 3005--C
1 § 8. This act shall take effect immediately; provided, however that
2 sections five and six of this act shall expire and be deemed repealed
3 September 1, [2021] 2023.
4 § 23. Section 3 of part C of chapter 152 of the laws of 2001, amending
5 the military law relating to military funds of the organized militia, as
6 amended by section 23 of part A of chapter 55 of the laws of 2020, is
7 amended to read as follows:
8 § 3. This act shall take effect immediately; provided however that the
9 amendments made to subdivision 1 of section 221 of the military law by
10 section two of this act shall expire and be deemed repealed September 1,
11 [2021] 2023.
12 § 24. Section 5 of chapter 554 of the laws of 1986, amending the
13 correction law and the penal law relating to providing for community
14 treatment facilities and establishing the crime of absconding from the
15 community treatment facility, as amended by section 24 of part A of
16 chapter 55 of the laws of 2020, is amended to read as follows:
17 § 5. This act shall take effect immediately and shall remain in full
18 force and effect until September 1, [2021] 2023, and provided further
19 that the commissioner of correctional services shall report each January
20 first and July first during such time as this legislation is in effect,
21 to the chairmen of the senate crime victims, crime and correction
22 committee, the senate codes committee, the assembly correction commit-
23 tee, and the assembly codes committee, the number of individuals who are
24 released to community treatment facilities during the previous six-month
25 period, including the total number for each date at each facility who
26 are not residing within the facility, but who are required to report to
27 the facility on a daily or less frequent basis.
28 § 25. Section 2 of part F of chapter 55 of the laws of 2018, amending
29 the criminal procedure law relating to pre-criminal proceeding settle-
30 ments in the city of New York, as amended by section 25 of part A of
31 chapter 55 of the laws of 2020, is amended to read as follows:
32 § 2. This act shall take effect immediately and shall remain in full
33 force and effect until March 31, [2021] 2023, when it shall expire and
34 be deemed repealed.
35 § 26. This act shall take effect immediately, provided however that
36 section twenty-five of this act shall be deemed to have been in full
37 force and effect on and after March 31, 2021.
38 PART B
39 Section 1. Subdivisions 3, 4 and 5 of section 575 of the executive
40 law, subdivisions 3 and 5 as added by chapter 463 of the laws of 1992,
41 paragraph (e) of subdivision 3 as amended by chapter 368 of the laws of
42 1997, paragraph (l) of subdivision 3 as added by chapter 339 of the laws
43 of 2011, paragraph (m) of subdivision 3 as added, paragraph (n) of
44 subdivision 3 as relettered and paragraph (b) of subdivision 4 as
45 amended by chapter 204 of the laws of 2020 and subdivision 4 as amended
46 by section 1 of part A of chapter 491 of the laws of 2012, are amended
47 to read as follows:
48 3. Activities. In addition, the office shall develop and implement
49 policies and programs designed to assist victims of domestic violence
50 and their families, and to provide education and prevention, training
51 and technical assistance. Such domestic violence-related activities
52 shall include, but not be limited to:
53 (a) Serving as a clearinghouse for information and materials;
S. 2505--C 11 A. 3005--C
1 (b) Developing and coordinating community outreach and public educa-
2 tion throughout the state;
3 (c) Developing and delivering training to professionals, including but
4 not limited to professionals in the fields of:
5 (i) domestic violence;
6 (ii) health and mental health;
7 (iii) social and human services;
8 (iv) public education;
9 (v) law enforcement and criminal justice;
10 (vi) alcohol and substance abuse[.];
11 (d) Developing and promoting school-based prevention programs;
12 (e) Providing technical assistance to state and local government
13 bodies and other agencies and to private not-for-profit corporations, on
14 effective policies and responses to domestic violence, including devel-
15 opment of [a] model domestic violence policies, pursuant to subdivisions
16 seven, eight and nine of this section;
17 (f) Promoting and facilitating interagency cooperation among state
18 agencies and intergovernmental cooperation between different levels of
19 government in the state in the delivery and/or funding of services;
20 (g) Operating as an advocate for domestic violence services and
21 victims;
22 (h) Undertaking program and services needs assessments on its own
23 initiative or at the request of the governor, the legislature or service
24 providers;
25 (i) Examining the relationship between domestic violence and other
26 problems and making recommendations for effective policy response;
27 (j) Collecting data, conducting research, and holding public hearings;
28 (k) Making periodic reports to the governor and the legislature recom-
29 mending policy and program directions and reviewing the activities of
30 the office;
31 (l) Developing and promoting senior center based prevention programs;
32 (m) promoting best practices for abusive partner intervention;
33 (n) Administering grant funds appropriated and made available to
34 support compliance with article one hundred twenty-nine-b of the educa-
35 tion law; and undertaking such actions, duties, and responsibilities as
36 may be necessary to serve the purpose of article one hundred twenty-
37 nine-b of the education law; and
38 (o) Any other activities including the making of and promulgation of
39 rules and regulations deemed necessary to facilitate the prevention of
40 domestic violence within the scope and purview of this article which are
41 not otherwise inconsistent with any other provisions of law.
42 4. Advisory council. (a) An advisory council is hereby established to
43 make recommendations on domestic violence related issues and effective
44 strategies for the prevention of domestic violence, to assist in the
45 development of appropriate policies and priorities for effective inter-
46 vention, public education and advocacy, and to facilitate and assure
47 communication and coordination of efforts among state agencies and
48 between different levels of government, state, federal, and municipal,
49 for the prevention of domestic violence.
50 (b) The advisory council shall consist of nine members and seventeen
51 ex-officio members. Each member shall be appointed to serve for a term
52 of three years and shall continue in office until a successor appointed
53 member is made. A member appointed to fill a vacancy shall be appointed
54 for the unexpired term of the member he or she is to succeed. All of the
55 members shall be individuals with expertise in the area of domestic
56 violence. Three members shall be appointed by the governor, two members
S. 2505--C 12 A. 3005--C
1 shall be appointed upon the recommendation of the temporary president of
2 the senate, two members shall be appointed upon the recommendation of
3 the speaker of the assembly, one member shall be appointed upon the
4 recommendation of the minority leader of the senate, and one member
5 shall be appointed upon the recommendation of the minority leader of the
6 assembly. The ex-officio members of the advisory board shall consist of
7 the director of the office, who shall chair the council, and the follow-
8 ing members or their designees: the commissioner of the office of tempo-
9 rary and disability assistance; the commissioner of the department of
10 health; the commissioner of the education department; the commissioner
11 of the office of mental health; the commissioner of the office of [alco-
12 holism and substance abuse] addiction services and supports; the commis-
13 sioner of the division of criminal justice services; the superintendent
14 of the division of state police; the director of the office of probation
15 and correctional alternatives; the commissioner of the office of chil-
16 dren and family services; the director of the office of victim services;
17 the chief administrative judge of the office of court administration;
18 the commissioner of the department of labor; the director of the state
19 office for the aging; the commissioner of the department of corrections
20 and community supervision; the commissioner of homes and community
21 renewal; the chief executive officer of the New York state coalition
22 against domestic violence; and the executive director of the New York
23 state coalition against sexual assault.
24 (c) The advisory council shall meet as often as deemed necessary by
25 the chair but in no event less than two times per year.
26 (d) The members of the advisory council shall receive no salary or
27 other compensation for their services but shall be entitled to
28 reimbursement for actual and necessary expenses incurred in the perform-
29 ance of their duties within amounts made available by appropriation
30 therefor subject to the approval of the director of the budget. The
31 ex-officio members of the advisory council shall receive no additional
32 compensation for their services on the advisory council above the salary
33 they receive from the respective departments or divisions that employ
34 them.
35 5. Executive director. (a) The governor shall appoint an executive
36 director of the office who shall serve at the pleasure of the governor.
37 (b) The executive director shall receive an annual salary fixed by the
38 governor within the amounts appropriated specifically therefor and shall
39 be entitled to reimbursement for reasonable expenses incurred in
40 connection with the performance of the director's duties.
41 (c) The director of the office, with the approval of the governor, may
42 accept as agent of the state any grant, including federal grants, or any
43 gift or donation for any of the purposes of this article. Any moneys so
44 received may be expended by the office to effectuate any purpose of this
45 article, subject to the applicable provisions of the state finance law.
46 (d) The executive director shall appoint staff and perform such other
47 functions to ensure the efficient operation of the office.
48 § 2. This act shall take effect immediately.
49 PART C
50 Intentionally Omitted
51 PART D
52 Intentionally Omitted
S. 2505--C 13 A. 3005--C
1 PART E
2 Intentionally Omitted
3 PART F
4 Intentionally Omitted
5 PART G
6 Intentionally omitted
7 PART H
8 Intentionally Omitted
9 PART I
10 Intentionally Omitted
11 PART J
12 Intentionally Omitted
13 PART K
14 Intentionally Omitted
15 PART L
16 Section 1. Section 63 of the executive law is amended by adding a new
17 subdivision 17 to read as follows:
18 17. (a) Any local government entity which has a police agency operat-
19 ing with police officers as defined under section 1.20 of the criminal
20 procedure law that fails to transmit to the director of the division of
21 the budget the certification required by executive order number two
22 hundred three issued on June twelfth, two thousand twenty and titled
23 "New York State Police Reform and Reinvention Collaborative" on or
24 before April first, two thousand twenty-one shall, upon request of the
25 governor or the director of the division of the budget, be required to
26 install a monitor, to monitor and report monthly on the operations of
27 such police agency, including but not limited to the monitor's observa-
28 tions about interactions among the community and police agencies in such
29 local government's jurisdiction, until such time that the required
30 certification is submitted to the director of the division of the budg-
31 et. Such monitor shall be appointed by the attorney general, in consul-
32 tation with the governor, at the expense of the police agency or respon-
33 sible local government. Reports of the monitor shall be made public and
34 the monitor shall promptly provide copies to the governor, the attorney
35 general, the commissioner of the division of criminal justice services,
36 the speaker of the assembly and the temporary president of the senate.
37 The attorney general shall promptly post such reports on the department
38 of law website. The certification filed with the director of the divi-
39 sion of the budget must affirm that such local government has complied
40 with the process set forth in executive order number two hundred three
41 by adopting a local law or resolution that includes its plan to adopt
S. 2505--C 14 A. 3005--C
1 and implement the recommendations resulting from its review and consul-
2 tation with the community to improve such police force deployments,
3 strategies, policies, procedures, and practices for the purposes of
4 addressing the particular needs of the communities served by such police
5 agency and promote community engagement to foster trust, fairness, and
6 legitimacy, and to address any racial bias and disproportionate policing
7 of communities of color.
8 (b) The appointment of a monitor, pursuant to paragraph (a) of this
9 subdivision, shall be imposed in addition to any withholding of up to
10 fifty percent of any appropriated state or federal funds by the director
11 of the division of the budget in accordance with the authority granted
12 in any appropriations bill enacted for such fiscal years in which such
13 withholding of funds occurs, as directed by executive order number two
14 hundred three. The director of the division of the budget shall discon-
15 tinue and reverse any withholds made pursuant to this provision upon
16 receipt of the certification required by Executive Order 203.
17 § 2. This act shall take effect immediately and shall expire and be
18 deemed repealed February 1, 2022.
19 PART M
20 Section 1. Notwithstanding the provisions of sections 79-a and 79-b
21 of the correction law, the governor is authorized to close correctional
22 facilities of the department of corrections and community supervision,
23 in the state fiscal year 2021-2022, as the governor determines to be
24 necessary for the cost-effective and efficient operation of the
25 correctional system, provided that the governor provides at least 90
26 days notice prior to any such closures to the temporary president of the
27 senate and the speaker of the assembly. Such notice shall include the
28 list of facilities the governor plans to close, the number of incarcer-
29 ated individuals in said facilities, and the number of staff working in
30 said facilities. The commissioner of corrections and community super-
31 vision shall also report in detail to the temporary president of the
32 senate and the speaker of the assembly on the results of staff relo-
33 cation efforts within 60 days after such closure.
34 § 2. This act shall take effect immediately and shall be deemed to
35 have been in full force and effect on and after April 1, 2021 and shall
36 expire and be deemed repealed March 31, 2022.
37 PART N
38 Intentionally Omitted
39 PART O
40 Intentionally Omitted
41 PART P
42 Section 1. Section 5 of chapter 268 of the laws of 1996, amending the
43 education law and the state finance law relating to providing a recruit-
44 ment incentive and retention program for certain active members of the
45 New York army national guard, New York air national guard, and New York
46 naval militia, as amended by section 1 of part E of chapter 57 of the
47 laws of 2016, is amended to read as follows:
S. 2505--C 15 A. 3005--C
1 § 5. This act shall take effect January 1, 1997 and shall expire and
2 be deemed repealed September 1, [2021] 2026; provided that any person
3 who has begun to receive the benefits of this act prior to its expira-
4 tion and repeal shall be entitled to continue to receive the benefits of
5 this act after its expiration and repeal until completion of a baccalau-
6 reate degree or cessation of status as an active member, whichever
7 occurs first.
8 § 2. This act shall take effect immediately.
9 PART Q
10 Intentionally Omitted
11 PART R
12 Intentionally Omitted
13 PART S
14 Intentionally Omitted
15 PART T
16 Intentionally Omitted
17 PART U
18 Intentionally Omitted
19 PART V
20 Intentionally Omitted
21 PART W
22 Intentionally Omitted
23 PART X
24 Intentionally Omitted
25 PART Y
26 Intentionally Omitted
27 PART Z
28 Intentionally Omitted
29 PART AA
30 Intentionally Omitted
31 PART BB
S. 2505--C 16 A. 3005--C
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York Medical Supplies Act".
3 § 2. The state finance law is amended by adding a new section 148 to
4 read as follows:
5 § 148. Certain contracts involving personal protective equipment and
6 medical supplies. 1. Notwithstanding any other provisions of law, all
7 contracts over fifty thousand dollars in value made and awarded by any
8 department or agency of the state for the purchase of personal protec-
9 tive equipment or medical supplies shall require that the personal
10 protective equipment or medical supply items be produced or made in
11 whole or substantial part in the United States.
12 2. For purposes of this section:
13 (a) "personal protective equipment" means all equipment worn to mini-
14 mize exposure to medical hazards, including gloves, masks, face shields,
15 eye protection, respirators, medical hair and shoe coverings, and
16 disposable gowns and aprons.
17 (b) "medical supplies" means materials necessary to respond to health
18 emergencies or pandemics, including and without limitation ventilators,
19 medical test kits, and vaccines.
20 (c) "United States" means the United States, its territories, or
21 possessions.
22 3. The provisions of this section shall not apply if the head of the
23 department or agency purchasing the personal protective equipment or
24 medical supplies, in his or her sole discretion, determines that such
25 provisions would not be in the public interest; that obtaining such
26 personal protective equipment or medical supplies in the United States
27 would increase the cost of the contract by an unreasonable amount; that
28 such personal protective equipment or medical supplies cannot be
29 produced or made in the United States in sufficient and reasonably
30 available quantities and of satisfactory quality or design to meet the
31 department's or agency's requirements; or that purchasing personal
32 protective equipment or medical supplies manufactured outside of the
33 United States is necessary to avoid a delay in the delivery of critical
34 services that could compromise the public welfare.
35 4. Nothing in this section is intended to contravene any existing
36 treaties, laws, trade agreements, or regulations of the United States or
37 subsequent trade agreements entered into between any foreign countries
38 and the state or the United States.
39 5. Subject to the provisions of this section, the department of
40 economic development, in consultation with the office of general
41 services and the division of the budget, shall be authorized to estab-
42 lish rules and regulations for the effective administration of this
43 section.
44 § 3. The public authorities law is amended by adding a new section
45 2878-c to read as follows:
46 § 2878-c. Certain contracts involving personal protective equipment
47 and medical supplies. 1. Notwithstanding any other provisions of law,
48 all contracts over fifty thousand dollars in value made and awarded by
49 any state authority for the purchase of personal protective equipment or
50 medical supplies shall require that the personal protective equipment or
51 medical supply items be produced or made in whole or substantial part in
52 the United States.
53 2. For purposes of this section:
54 (a) "personal protective equipment" means all equipment worn to mini-
55 mize exposure to medical hazards, including gloves, masks, face shields,
S. 2505--C 17 A. 3005--C
1 eye protection, respirators, medical hair and shoe coverings, and
2 disposable gowns and aprons.
3 (b) "medical supplies" means materials necessary to respond to health
4 emergencies or pandemics, including and without limitation ventilators,
5 medical test kits, and vaccines.
6 (c) "United States" means the United States, its territories, or
7 possessions.
8 3. The provisions of this section shall not apply if the head of the
9 state authority purchasing the personal protective equipment or medical
10 supplies, in his or her sole discretion, determines that such provisions
11 would not be in the public interest; that obtaining such personal
12 protective equipment or medical supplies in the United States would
13 increase the cost of the contract by an unreasonable amount; that such
14 personal protective equipment or medical supplies cannot be produced or
15 made in the United States in sufficient and reasonably available quanti-
16 ties and of satisfactory quality or design to meet the state authority's
17 requirements; or that purchasing personal protective equipment or
18 medical supplies manufactured outside of the United States is necessary
19 to avoid a delay in the delivery of critical services that could compro-
20 mise the public welfare.
21 4. Nothing in this section is intended to contravene any existing
22 treaties, laws, trade agreements, or regulations of the United States or
23 subsequent trade agreements entered into between any foreign countries
24 and the state or the United States.
25 5. Subject to the provisions of this section, the department of
26 economic development, in consultation with the office of general
27 services and the division of the budget, shall be authorized to estab-
28 lish rules and regulations for the effective administration of this
29 section.
30 § 4. This act shall take effect April 1, 2021 and shall apply to any
31 state contracting opportunities advertised on or after such date and
32 shall exclude contracts for which an invitation for bid, request for
33 proposal, or similar solicitation has been issued prior to April 1,
34 2021.
35 PART CC
36 Intentionally Omitted
37 PART DD
38 Intentionally Omitted
39 PART EE
40 Intentionally Omitted
41 PART FF
42 Intentionally Omitted
43 PART GG
44 Intentionally Omitted
45 PART HH
S. 2505--C 18 A. 3005--C
1 Intentionally Omitted
2 PART II
3 Intentionally Omitted
4 PART JJ
5 Intentionally Omitted
6 PART KK
7 Section 1. Paragraph b of subdivision 2 of section 54-l of the state
8 finance law, as amended by section 1 of part X of chapter 55 of the laws
9 of 2014, is amended to read as follows:
10 b. Within the amounts appropriated therefor, eligible municipalities
11 shall receive an amount equal to seventy percent of the state aid
12 payment received in the state fiscal year commencing April first, two
13 thousand eight from an appropriation for aid to municipalities with
14 video lottery gaming facilities, except as otherwise provided by subdi-
15 vision five of this section.
16 § 2. Subdivision 5 of section 54-l of the state finance law, as added
17 by section 5 of part S of chapter 39 of the laws of 2019, is amended to
18 read as follows:
19 5. The town and county in which the facility defined in paragraph five
20 of subdivision a of section sixteen hundred seventeen-a of the tax law
21 is located shall receive assistance payments made pursuant to this
22 section at the same dollar level realized by the village of Monticello,
23 Sullivan county, the town of Thompson, Sullivan county, and Sullivan
24 county in the state fiscal year commencing April first, two thousand
25 nineteen; provided however that the amount that was allocated to the
26 village of Monticello shall be distributed evenly between such town and
27 such county. [Each village in which the facility defined in paragraph
28 five of subdivision a of section sixteen hundred seventeen-a of the tax
29 law is located shall receive assistance payments made pursuant to this
30 section at the rate of fifty percent of the dollar level realized by the
31 village of Monticello.] Any payments made pursuant to this subdivision
32 shall not commence until the facility defined in paragraph five of
33 subdivision a of section sixteen hundred seventeen-a of the tax law has
34 realized revenue for a period of twelve consecutive months.
35 § 3. This act shall take effect immediately.
36 PART LL
37 Intentionally Omitted
38 PART MM
39 Intentionally Omitted
40 PART NN
41 Intentionally Omitted
42 PART OO
S. 2505--C 19 A. 3005--C
1 Intentionally Omitted
2 PART PP
3 Intentionally Omitted
4 PART QQ
5 Intentionally Omitted
6 PART RR
7 Section 1. Subdivision 5 of section 362 of chapter 83 of the laws of
8 1995 amending the state finance law and other laws relating to bonds,
9 notes and revenues, as amended by section 1 of part F of chapter 57 of
10 the laws of 2016, is amended to read as follows:
11 5. Sections thirty-one through forty-two of this act shall take effect
12 on the thirtieth day after it shall have become a law and shall be
13 deemed to have been in full force and effect on and after April 1, 1995;
14 provided that section 163 of the state finance law, as added by section
15 thirty-three of this act shall remain in full force and effect until
16 June 30, [2021] 2026 at which time it shall expire and be deemed
17 repealed. Contracts executed prior to the expiration of such section 163
18 shall remain in full force and effect until the expiration of any such
19 contract notwithstanding the expiration of certain provisions of this
20 act.
21 § 2. This act shall take effect immediately.
22 PART SS
23 Section 1. Section 16 of chapter 1 of the laws of 2005, amending the
24 state finance law relating to restricting contacts in the procurement
25 process and the recording of contacts relating thereto, as amended by
26 section 2 of part F of chapter 57 of the laws of 2016, is amended to
27 read as follows:
28 § 16. This act shall take effect immediately; provided, however, that
29 sections one, six, eight, nine, ten, eleven and fifteen of this act
30 shall take effect January 1, 2006; and provided, however, the amendments
31 to paragraph f of subdivision 9 of section 163 of the state finance law
32 made by section fifteen of this act shall not affect the repeal of such
33 section and shall be deemed repealed therewith; provided, further, that
34 the amendments to article 1-A of the legislative law, made by this act,
35 shall not affect the repeal of such article pursuant to chapter 2 of the
36 laws of 1999, as amended, and shall be deemed repealed therewith;
37 provided, further, that sections thirteen and fourteen of this act shall
38 take effect January 1, 2006 and shall be deemed repealed July 31, [2021]
39 2026; provided, further, that effective immediately, the advisory coun-
40 cil on procurement lobbying created pursuant to section twelve of this
41 act shall be constituted no later than sixty days following the effec-
42 tive date of this act, provided that effective sixty days following the
43 effective date of this act, the advisory council on procurement lobbying
44 shall be authorized to establish model guidelines and to add, amend
45 and/or repeal any rules or regulations necessary for the implementation
46 of its duties under sections twelve and thirteen of this act, and the
47 advisory council authorized to make and complete such model guidelines
48 on or before the effective date of section thirteen of this act;
S. 2505--C 20 A. 3005--C
1 provided, further, that procurement contracts for which bid solicita-
2 tions have been issued prior to the effective date of this act shall be
3 awarded pursuant to the provisions of law in effect at the time of issu-
4 ance.
5 § 2. This act shall take effect immediately.
6 PART TT
7 Intentionally Omitted
8 PART UU
9 Intentionally Omitted
10 PART VV
11 Section 1. Paragraph h of subdivision 1 of section 130 of the civil
12 service law is REPEALED and a new paragraph h is added to read as
13 follows:
14 h. Pursuant to the terms of an agreement entered into, or an interest
15 arbitration award issued, pursuant to article fourteen of the civil
16 service law between the state and an employee organization covering
17 members of the collective negotiating unit designated as the agency
18 police services unit, effective on the dates indicated, salary grades
19 for such unit members shall be as follows:
20 (1) Effective April first, two thousand fifteen:
21 Perf.Perf.Perf.Perf.Perf.Long
22 Ad-Ad-Ad-Ad-Ad-Max.
23 Hir-vancevancevancevancevance10 Yr15 Yr20 Yr25 Yr
24 ingStepStepStepStepStepJobPerf.LongLongLongLong
25 SGRate12345RateAdv.StepStepStepStep
26 128663296713067931687326953370334711100836218377244064442151
27 229540306023166432726337883485035912106237506391014210643703
28 330764318723298034088351963630437412110839075407374381345477
29 431940331103428035450366203779038960117040710424614561947366
30 533237344653569336921381493937740605122842445442854753749377
31 634736360273731838609399004119142482129144420463584971051649
32 736442377873913240477418224316744512134546527485415196953984
33 838238396354103242429438264522346620139748713508065431256408
34 940115415724302944486459434740048857145751047532375683659023
35 1042133436664519946732482654979851331153353625559195962161916
36 1144351459464754149136507315232653921159556308586956249764886
37 1246560482254989051555532205488556550166559048615466545867956
38 1349066508045254254280560185775659494173862096646986871471316
39 1451622534455526857091589146073762560182365285680117215174879
40 1554326562225811860014619106380665702189668542713817563478473
41 1657131591116109163071650516703169011198071980749497932782293
42 1760083621696425566341684277051372599208675722788458338086504
43 1863238654286761869808719987418876378219079660829438764290927
44 1966434687227101073298755867787480162228883590870189185795285
45 2069606719967438676776791668155683946239087534911239611999707
46 217310175594780878058083073855668805924939179995540100-104-
47 687426
48 2276762794038204484685873268996792608264196562100-105-109-
S. 2505--C 23 A. 3005--C
1 123
2 207386676403789408147784014865518908825379289696704102-105-
3 005814
4 2177575802218286785513881599080593451264697420101-106-110-
5 391853820
6 22814608426387066898699267295475982782803102-106-112-116-
7 474669362559
8 238560088481913629424397124100-102-2881107-111-117-121-
9 005886209533353675
10 2489962929519594098929101-104-107-2989112-116-122-127-
11 918907896376857839319
12 259470797825100-104-107-110-113-3118118-122-128-133-
13 943061179297415089763931603
14 § 2. Section 207-d of the state finance law, as added by chapter 114 of
15 the laws of 2006, paragraph (b) of subdivision 1 as amended by chapter 3
16 of the laws of 2007 and subdivision 2 as amended by chapter 15 of the
17 laws of 2012, is amended to read as follows:
18 § 207-d. Employee benefit fund; agency [law enforcement] police
19 services unit. 1. As used in this section, unless otherwise expressly
20 stated:
21 (a) "Director" shall mean the director of employee relations.
22 (b) "Employee" shall mean any person serving on a full-time annual
23 salaried basis in the service of the state of New York who is appointed
24 to and serving in a position in the collective negotiating unit desig-
25 nated as the agency [law enforcement] police services unit and is a
26 police officer pursuant to subdivision thirty-four of section 1.20 of the
27 criminal procedure law [or a forest ranger 1 or a forest ranger 2].
28 2. Where and to the extent that an agreement between the state and an
29 employee organization entered into pursuant to article fourteen of the
30 civil service law or an interest arbitration award issued pursuant to
31 subdivision four of section two hundred nine of the civil service law
32 between the state and an employee organization so provides on behalf of
33 employees in the collective negotiating unit designated as the agency
34 police services unit established pursuant to article fourteen of the
35 civil service law, and upon audit and warrant of the comptroller, the
36 director shall provide for the payment of moneys to such employee organ-
37 ization for the establishment and maintenance of an employee benefit fund
38 established by the employee organization for the employees in the negoti-
39 ating unit covered by the controlling provision of such agreement or
40 award providing for such employee benefit fund, such amount to be deter-
41 mined consistent with said agreement or award on the basis of the number
42 of full-time annual salaried employees, as determined by the comptroller,
43 [on the payroll on March first, two thousand eleven for payments to be
44 made on April first, two thousand eleven, on the payroll on March first,
45 two thousand twelve for payments to be made on April first, two thousand
46 twelve, on the payroll on March first, two thousand thirteen for payments
47 to be made on April first, two thousand thirteen, and on the payroll on
48 March first, two thousand fourteen for payments to be made on April
49 first, two thousand fourteen] on the payroll on March first, two thousand
50 fifteen for payments to be made on April first, two thousand fifteen, on
51 the payroll on March first, two thousand sixteen for payments to be made
52 on April first, two thousand sixteen, on the payroll on March first, two
53 thousand seventeen for payments to be made on April first, two thousand
54 seventeen, and on the payroll on March first, two thousand eighteen for
55 payments to be made on April first, two thousand eighteen. The amount,
56 which will be determined pursuant to this section, for employees who are
S. 2505--C 24 A. 3005--C
1 paid from special or administrative funds, other than the general fund or
2 the capital projects fund of the state, will be paid from the appropri-
3 ations as provided by law, in which case the comptroller will establish
4 procedures to ensure repayment from said special or administrative funds.
5 The director shall enter into an agreement with an employee organization
6 which sets forth the specific terms and conditions for the establishment
7 and administration of an employee benefit fund as a condition for the
8 transmittal of moneys pursuant to this section.
9 3. Such employee organization shall periodically as specified by the
10 director, supply a description of the benefits purchased or provided by
11 the employee benefit fund, the utilization experience of the benefit
12 fund, the amount disbursed for or the cost of such benefits and such
13 other information as may be requested by the director.
14 4. The employee organization shall report to the comptroller, in the
15 form and manner as he or she may direct, the amount it expended for the
16 purchase of or providing for such benefits for any period specified by
17 the comptroller. The comptroller is hereby authorized to audit the books
18 of the employee organization with respect to any moneys transmitted to it
19 pursuant to this section.
20 5. Neither the state nor any officer or employee of the state shall be
21 a party to any contract or agreement entered into by any employee organ-
22 ization providing for benefits purchased in whole or in part with moneys
23 transmitted to such employee organization pursuant to this section. No
24 benefit provided pursuant to such contracts or agreements shall be paya-
25 ble by the state and all such benefits shall be paid by the responsible
26 parties to such agreements or contracts pursuant to the terms and condi-
27 tions of such agreements or contracts. The employee organization shall be
28 a fiduciary with respect to the employee benefit fund established pursu-
29 ant to this section.
30 6. Nothing in this section shall be deemed to diminish, impair or
31 reduce any benefit otherwise payable to any employee established or
32 authorized by law, rule or regulation by reason of such employee's lack
33 of eligibility to participate in any benefit program established by an
34 employee organization pursuant to this section.
35 7. In the event it is determined that the moneys transmitted to an
36 employee organization pursuant to this section is income for which
37 payroll deductions are required for income tax withholdings from the
38 salary or wages of employees pursuant to law, the comptroller shall
39 determine the amount of such withholdings required and deduct the amount
40 so required to be withheld from the salary or wages of the employees
41 concerned.
42 8. The employee organization shall indemnify the state for any claims
43 whatsoever paid by it arising from the establishment, administration or
44 discontinuation of any employee benefit provided pursuant to this
45 section, together with reasonable costs of litigation arising therefrom.
46 9. Insofar as the provisions of this section are inconsistent with the
47 provisions of any other law, general or special, the provisions of this
48 section shall be controlling.
49 § 3. Compensation for members of the collective negotiating unit desig-
50 nated as agency police services unit pursuant to an agreement between the
51 state of New York and the employee organization representing such indi-
52 viduals or an interest arbitration award binding the state of New York
53 and the employee organization representing such individuals.
54 1. The provisions of this section shall apply to all full-time officers
55 and employees in the collective negotiating unit designated as the agency
S. 2505--C 25 A. 3005--C
1 police services unit established pursuant to article fourteen of the
2 civil service law.
3 2. Effective April 1, 2015, the basic annual salary of all members of
4 the agency police services unit who were in full-time annual salaried
5 employment status on March 31, 2015 shall be increased by two percent.
6 3. Effective April 1, 2016, the basic annual salary of all members of
7 the agency police services unit who were in full-time annual salaried
8 employment status on March 31, 2016 shall be increased by two percent.
9 4. Effective April 1, 2017, the basic annual salary of all members of
10 the agency police services unit who were in full-time annual salaried
11 employment status on March 31, 2017 shall be increased by two percent.
12 5. Effective April 1, 2018, the basic annual salary of all members of
13 the agency police services unit who were in full-time annual salaried
14 employment status on March 31, 2018 shall be increased by two percent.
15 6. Advancement within salary grade. Payments pursuant to the provisions
16 of subdivision 6 of section 131 of civil service law for members of the
17 agency police services unit shall be payable pursuant to the terms of an
18 agreement between the state and an employee organization representing
19 employees subject to the provisions of this section.
20 7. Effective April 1, 2015, pursuant to the terms of an agreement
21 covering members of the agency police services unit, for such unit
22 members who are on the institutional payroll, the ten-year, the fifteen-
23 year, the twenty-year, and the twenty-five-year longevity step payment
24 for such unit members to whom the provisions of this section apply shall
25 be that amount prescribed by paragraph h of subdivision 1 of section 130
26 of the civil service law, as added by section one of this act.
27 8. Notwithstanding any of the foregoing provisions of this section, if
28 the basic annual salary of such unit members to whom the provisions of
29 this section apply is identical with the hiring rate, performance advance
30 step one, two, three, four or five, the job rate, the ten-year longevity
31 step, the fifteen-year longevity step, the twenty-year longevity step or
32 the twenty-five-year longevity step of his or her position on the effec-
33 tive dates of the increases provided in this section, such basic annual
34 salary shall be increased to the hiring rate, performance advance step
35 one, two, three, four or five, the job rate, the ten-year longevity step,
36 the fifteen-year longevity step, the twenty-year longevity step or the
37 twenty-five-year longevity step, respectively, of such salary grade as
38 contained in the appropriate salary schedule in subparagraphs (1), (2),
39 (3), and (4) of paragraph h of subdivision 1 of section 130 of the civil
40 service law, as added by section one of this act, to take effect on the
41 dates provided in subparagraphs (1), (2), (3), and (4), respectively.
42 The increases in basic annual salary provided by this subdivision shall
43 be in lieu of any increase in basic annual salary provided for in subdi-
44 visions two, three, four and five of this section.
45 9. If an unencumbered position is one which if encumbered, would be
46 subject to the provisions of this section, the salary of such position
47 shall be increased by the salary increase amounts specified in this
48 section. If a position is created and is filled by the appointment of
49 such unit members to whom the provisions of this section apply, the sala-
50 ry otherwise provided for such position shall be increased in the same
51 manner as though such position had been in existence but unencumbered.
52 Notwithstanding the provisions of this section, the director of the budg-
53 et may reduce the salary of any such position, which is or becomes
54 vacant.
55 10. The increases in salary payable pursuant to this section shall
56 apply on a prorated basis to officers and employees, otherwise eligible
S. 2505--C 26 A. 3005--C
1 to receive an increase in salary pursuant to this section, who are paid
2 on an hourly or per diem basis, employees serving on a part-time or
3 seasonal basis and employees paid on any basis other than at an annual
4 salaried rate; except that the provisions of subdivision eleven, twelve,
5 or thirteen of this section shall not apply to employees serving on an
6 hourly, per diem, or seasonal basis, except as determined by the director
7 of the budget.
8 11. Notwithstanding any other provision of this section, the provisions
9 of this section shall not apply to officers or employees paid on a fee
10 schedule basis.
11 12. In order to provide for the officers and employees to whom this
12 section applies who are not allocated to salary grades, performance
13 advancements and payments in proportion to those provided to persons to
14 whom this section applies who are allocated to salary grades, the direc-
15 tor of the budget is authorized to add appropriate adjustments to the
16 compensation which such officers and employees are otherwise entitled to
17 receive. The director of the budget shall issue certificates which shall
18 contain schedules of positions and the salaries thereof for which adjust-
19 ments are made pursuant to the provisions of this subdivision, and a copy
20 of each such certificate shall be filed with the state comptroller, the
21 department of civil service, the chairman of the senate finance committee
22 and the chairman of the assembly ways and means committee.
23 13. Notwithstanding any of the foregoing provisions of this section,
24 any increase in compensation may be withheld in whole or in part from any
25 such unit members to whom the provisions of this section apply when, in
26 the opinion of the director of the division of the budget and the direc-
27 tor of employee relations, such increase is not warranted or is not
28 appropriate.
29 § 4. Additional compensation for certain members of the agency police
30 services collective negotiating unit. 1. In recognition of the general
31 requirement for full-time employees of the state in the agency police
32 services unit to assemble for briefing prior to the commencement of
33 duties, where and to the extent an agreement so provides, each such
34 employee except such an employee receiving additional compensation pursu-
35 ant to subdivision 5 of section 134 of the civil service law, shall
36 continue to receive additional compensation in recognition of pre-shift
37 briefing at one and one-half times the hourly rate of pay provided for by
38 subdivision 1 of section 134 of the civil service law and the rules and
39 regulations of the director of the budget.
40 2. Members of the agency police services collective negotiating unit
41 who are full-time annual salaried and are police officers pursuant to
42 subdivision 34 of section 1.20 of the criminal procedure law, who are
43 required, authorized and actually assemble for pre-shift briefing or line
44 up before the commencement of their regular tour of duty shall continue
45 to be paid for pre-shift briefing. However, employees of the department
46 of environmental conservation who do not physically line up shall be paid
47 the equivalent of pre-shift compensation for vehicle, equipment, office
48 maintenance, and the handling of phone calls and home visitations
49 received and instigated outside of the regular workday. This payment
50 supplants any payments made to such employees for equipment storage.
51 There shall be no payment of pre-shift briefing for any day in which any
52 employee who is a member of the agency police services unit, full-time
53 annual salaried and a police officer pursuant to subdivision 34 of
54 section 1.20 of the criminal procedure law is not physically reporting to
55 work. There shall be no change in the payment for pre-shift briefing for
56 all other members of the agency police services unit.
S. 2505--C 27 A. 3005--C
1 3. Any such additional compensation pursuant to this section shall be
2 paid in addition to and shall not be a part of such employee's basic
3 annual salary and shall not be included as compensation for the purposes
4 of computation of overtime pay, provided, however, that such additional
5 compensation shall be included for retirement purposes. Notwithstanding
6 the foregoing provisions of this section or of any other law, such addi-
7 tional compensation as added by this section shall be in lieu of the
8 continuation of any other additional compensation for such unit members
9 in recognition of pre-shift briefing.
10 § 5. Clothing allowance. Effective April 1, 2015, pursuant to the terms
11 of an agreement covering members of the agency police services collective
12 negotiating unit who are full-time annual salaried and are classified as
13 investigators or detectives, in recognition of the general requirement
14 for such unit members to whom the provisions of this section apply to
15 wear professional attire, each such employee who is on the payroll on the
16 first day of November preceding the annual effective date shall continue
17 to receive a clothing allowance at a rate of four hundred dollars per
18 year effective December 1, 2011.
19 § 6. Location pay. 1. Pursuant to the terms of an agreement covering
20 members of the agency police services collective negotiating unit, and
21 notwithstanding any inconsistent provision of law, effective April 1,
22 2015, all members of this unit who are full-time annual salaried employ-
23 ees and whose principal place of employment, or, in the case of a field
24 employee, whose official station is determined in accordance with the
25 regulations of the state comptroller, is located in the city of New York,
26 or in the county of Rockland, Westchester, Nassau, or Suffolk shall
27 continue to receive location pay in the amount of one thousand five
28 hundred twenty dollars.
29 2. The location pay as set out in this section shall be in addition to
30 and shall not be a part of an employee's basic annual salary, and shall
31 not affect or impair any performance advance or other rights or benefits
32 to which an employee may be entitled by law, provided, however, that
33 location pay shall be included as compensation for the purposes of compu-
34 tation of overtime pay and for retirement purposes. This payment will be
35 equally divided over the twenty-six payroll periods in each fiscal year.
36 § 7. Supplemental location pay. 1. Pursuant to the terms of an agree-
37 ment covering members of the agency police services collective negotiat-
38 ing unit, and notwithstanding any inconsistent provision of law, all
39 members of this unit who are full-time annual salaried employees and
40 whose principal place of employment, or, in the case of a field employee,
41 whose official station is determined in accordance with the regulations
42 of the state comptroller, is located in the city of New York, or in the
43 county of Putnam, Orange, Dutchess, Rockland, Westchester, Nassau or
44 Suffolk, shall continue to receive supplemental location pay, in the
45 following amounts:
46 Orange/Putnam/ NYC/Rockland/ Nassau/Suffolk
47 Dutchess Westchester
48 Effective April 1,2015 $1,266 $1,900 $2,217
49 2. The supplemental location pay as set out in this section shall be in
50 addition to and shall not be a part of an employee's basic annual salary,
51 and shall not affect or impair any performance advance or other rights or
52 benefits to which an employee may be entitled by law; provided, however,
53 that supplemental location pay shall be included as compensation for the
54 purposes of computation of overtime pay and for retirement purposes. This
55 payment will be equally divided over the twenty-six payroll periods in
56 each fiscal year.
S. 2505--C 28 A. 3005--C
1 § 8. Expanded duty pay. Pursuant to the terms of an agreement or award
2 covering members of the agency police services collective negotiating
3 unit who are full-time annual salaried employees, in recognition of the
4 additional and continued duties and responsibilities performed by the
5 police officers in this unit as a result of the September 11th terrorist
6 attacks, and notwithstanding any provision of law, rule or regulation to
7 the contrary, members of this unit, effective April 1, 2015, shall
8 continue to receive expanded duty pay in the amount of three thousand
9 seventy-five dollars. Effective March 31, 2019, this amount shall be
10 increased to three thousand eight hundred and twenty-five dollars.
11 Expanded duty pay as set out in this section shall be in addition to and
12 shall not be a part of an employee's basic annual salary, and shall not
13 affect or impair any performance advance or other rights or benefits to
14 which an employee may be entitled by law; provided, however, that
15 expanded duty pay shall be included as compensation for the purposes of
16 computation of overtime pay and for retirement purposes. This payment
17 will be equally divided over the twenty-six payroll periods in each
18 fiscal year.
19 § 9. Marine/off-road enforcement pay. Pursuant to the terms of an
20 agreement covering members of the agency police services collective nego-
21 tiating unit who are full-time annual salaried employees, effective April
22 1, 2015, all members of this unit who are employed by the office of
23 parks, recreation and historic preservation or the department of environ-
24 mental conservation shall continue to receive one thousand five hundred
25 dollars per year in recognition of their expertise in marine and off-road
26 enforcement. Marine/off-road enforcement pay as set out in this section
27 shall be in addition to and shall not be a part of an employee's basic
28 annual salary, and shall not affect or impair any performance advance or
29 other rights or benefits to which an employee may be entitled by law;
30 provided, however, that marine/off-road enforcement pay shall be included
31 as compensation for the purposes of computation of overtime pay and for
32 retirement purposes. This payment will be equally divided over the twen-
33 ty-six payroll periods in each fiscal year.
34 § 10. Hazardous material pay. 1. Pursuant to the terms of an agreement
35 covering members of the agency police services collective negotiating
36 unit who are full-time annual salaried employees, effective April 1,
37 2015, all members who are employed by the department of environmental
38 conservation, except for those in the forest ranger title series, shall
39 continue to receive one thousand five hundred dollars per year in recog-
40 nition of their expertise and handling of hazardous materials. Hazardous
41 material pay as set out in this section shall be in addition to and shall
42 not be a part of an employee's basic annual salary, and shall not affect
43 or impair any performance advance or other rights or benefits to which an
44 employee may be entitled by law; provided, however, that hazardous mate-
45 rial pay shall be included as compensation for the purposes of computa-
46 tion of overtime pay and for retirement purposes. This payment will be
47 equally divided over the twenty-six payroll periods in each fiscal year.
48 2. Hazardous material/fire management/search and rescue pay. Pursuant
49 to the terms of an agreement covering members of the agency police
50 services collective negotiating unit who are full-time annual salaried
51 employees, effective April 1, 2015, all members who are employed by the
52 department of environmental conservation in the forest ranger title
53 series shall continue to receive one thousand five hundred dollars per
54 year in recognition of their expertise and handling of hazardous materi-
55 als. Hazardous material/fire management/search and rescue pay as set out
56 in this section shall be in addition to and shall not be a part of an
S. 2505--C 29 A. 3005--C
1 employee's basic annual salary, and shall not affect or impair any
2 performance advance or other rights or benefits to which an employee may
3 be entitled by law; provided, however, that hazardous material/fire
4 management/search and rescue pay shall be included as compensation for
5 the purposes of computation of overtime pay and for retirement purposes.
6 This payment will be equally divided over the twenty-six payroll periods
7 in each fiscal year.
8 § 11. Inconvenience pay program. Pursuant to chapter 333 of the laws of
9 1969, as amended, and an agreement negotiated between the state and the
10 employee organization representing members of the agency police services
11 unit, effective April 1, 2015, members of the agency police services unit
12 shall continue to receive inconvenience pay in the amount of five hundred
13 ninety-seven dollars. Any such additional compensation pursuant to this
14 section shall be included as compensation for retirement purposes.
15 § 12. During the period April 1, 2015 through March 31, 2019 or as
16 otherwise agreed, there shall be a statewide joint labor-management
17 committee continued and administered pursuant to the terms of the agree-
18 ment negotiated between, or an interest arbitration award binding the
19 state and the employee organization representing employees in the collec-
20 tive negotiating unit designated as the agency police services unit
21 established pursuant to article 14 of the civil service law which shall,
22 with the amounts available therefore, study and make recommendations
23 concerning major issues of employee assistance, performance evaluation,
24 education and training, quality of work life, health benefits, and
25 provide for the implementation of the terms of agreements of such commit-
26 tees.
27 § 13. Notwithstanding any provision of law to the contrary, the appro-
28 priations contained in this act shall be available to the state for the
29 payment and publication of grievance and arbitration settlements and
30 awards pursuant to articles 7 and 8 of the collective negotiating agree-
31 ment between the state and the employee organization representing the
32 collective negotiating unit designated as the agency police services unit
33 established pursuant to article 14 of the civil service law.
34 § 14. Notwithstanding any provision of law, rule or regulation to the
35 contrary, and where and to the extent an agreement negotiated between the
36 state and the employee organization representing employees in the agency
37 police services collective negotiating unit established pursuant to arti-
38 cle 14 of the civil service law so provides, the salaries of newly hired
39 employees on or after September 1, 1992 into state service in positions
40 within said negotiating unit shall not be subject to the provisions of
41 subdivision 2-a of section 200 of the state finance law.
42 § 15. Date of entitlement to salary increase. Notwithstanding the
43 provisions of this act or of any other provision of law to the contrary,
44 the increase in salary or compensation provided by this act of any member
45 of the agency police services collective negotiating unit established
46 pursuant to article 14 of the civil service law who are full-time annual
47 salaried employees and are police officers pursuant to subdivision 34 of
48 section 1.20 of the criminal procedure law shall be added to the salary
49 of such member at the beginning of that payroll period, the first day of
50 which is nearest to the effective date of such increase as provided in
51 this act, or at the beginning of the earlier of two payroll periods, the
52 first days of which are nearest but equally near to the effective date of
53 such increase as provided in this act; provided, however, that, for the
54 purposes of determining the salary of such unit members upon reclassi-
55 fication, reallocation, appointment, promotion, transfer, demotion, rein-
56 statement, or other change of status, such salary increase shall be
S. 2505--C 30 A. 3005--C
1 deemed to be effective on the date thereof as prescribed by this act,
2 with payment thereof pursuant to this section on a date prior thereto,
3 instead of on such effective date, and shall not operate to confer any
4 additional salary rights or benefits on such unit members. Payment of
5 such salary increase may be deferred pursuant to section sixteen of this
6 act.
7 § 16. Deferred payment of salary increases. Notwithstanding the
8 provisions of any other section of this act or of any other provision of
9 law to the contrary, pending payment pursuant to this act of the basic
10 annual salaries of incumbents of positions subject to this act, such
11 incumbents shall receive, as partial compensation for services rendered,
12 the rate of salary and other compensation otherwise payable in their
13 respective positions. An incumbent holding a position subject to this act
14 at any time during the period from April 1, 2015, until the time when
15 basic annual salaries and other compensation due are first paid pursuant
16 to this act for such services in excess of the salary and other compen-
17 sation actually received therefor, shall be entitled to a lump sum
18 payment for the difference between the salary and other compensation to
19 which such incumbent is entitled for such services and the salary and
20 other compensation actually received. Notwithstanding the provisions of
21 this section or of any other section of this act, the lump sum payments
22 resulting from the increases in salary and other compensation pursuant to
23 this act shall be aggregated in the form of a lump sum payment and made
24 to employees in two equal payments. However, effective the pay period
25 closest to March 31, 2019, the denominator for purposes of calculating
26 overtime shall be adjusted consistent with such interest arbitration
27 award and recalculation of the overtime earned subsequent to March 31,
28 2019 will be reconciled, adjusted and applied in the first retroactive
29 payment referenced herein. The first payment shall be paid as soon as
30 practicable after the passage of legislation implementing a Final Deci-
31 sion and Award covering the period April 1, 2015 to March 31, 2019 and
32 the second payment shall be paid on the first day of the payroll period
33 commencing after April 1, 2021. For the purpose of calculating retirement
34 benefits, the amounts paid under this act shall count as compensation
35 earned during the year or years for which it is calculated and not as
36 compensation earned wholly in the year in which it is paid. Notwith-
37 standing any law, rule or regulation to the contrary, no member of the
38 agency police services unit to whom the provisions of this act apply
39 shall be entitled to, or owed, any interest or other penalty for any
40 reason on any monies due to such member pursuant to the terms of this act
41 and the terms of the agreement or interest arbitration award covering
42 employees in the agency police services unit.
43 § 17. Use of appropriations. Notwithstanding any provision of the state
44 finance law or any other provision of law to the contrary, the state
45 comptroller is authorized to pay any amounts required during the fiscal
46 year commencing April 1, 2020, and/or April 1, 2021 by the provisions of
47 this act for any state department or agency from any appropriation or
48 other funds available to such state department or agency for personal
49 service or for other related employee benefits during such fiscal year.
50 To the extent that such appropriations are insufficient in any fund to
51 accomplish the purposes herein set forth, the director of the budget is
52 authorized to allocate to the various departments and agencies, from any
53 appropriations available in any fund, the amounts necessary to pay such
54 amounts. The aforementioned appropriations shall be available for payment
55 of any liabilities or obligations incurred prior to April 1, 2020, and/or
56 April 1, 2021 in addition to current liabilities.
S. 2505--C 31 A. 3005--C
1 § 18. Notwithstanding any provision of the state finance law or any
2 other provision of law to the contrary, the sum of sixty-seven million,
3 five hundred thousand dollars ($67,500,000) is hereby appropriated in the
4 general fund/state purposes account (10050) in miscellaneous-all state
5 departments and agencies solely for apportionment/transfer by the direc-
6 tor of the budget for use by any state department or agency in any fund
7 for the period April 1, 2015 through March 31, 2022 to supplement appro-
8 priations for personal service, other than personal service and fringe
9 benefits, and to carry out the provisions of this act. No money shall be
10 available for expenditure from this appropriation until a certificate of
11 approval has been issued by the director of the budget and a copy of such
12 certificate or any amendment thereto has been filed with the state comp-
13 troller, the chair of the senate finance committee and the chair of the
14 assembly ways and means committee. The monies hereby appropriated are
15 available for payment of any liabilities or obligations incurred prior to
16 or during the period April 1, 2015 through March 31, 2022. For this
17 purpose, the monies appropriated shall remain in full force and effect
18 for the payment of liabilities incurred on or before March 31, 2022.
19 § 19. Notwithstanding any provision of the state finance law or any
20 other provision of law to the contrary, the several amounts as hereinaft-
21 er set forth, or so much thereof as may be necessary, are hereby appro-
22 priated from the fund so designated for use by any state department or
23 agency for the period April 1, 2015 through March 31, 2022 to supplement
24 appropriations from each respective fund available for other than
25 personal service and fringe benefits, and to carry out the provisions of
26 this act. The monies hereby appropriated are available for the payment of
27 any liabilities or obligations incurred prior to or during the period
28 commencing April 1, 2015 through March 31, 2022. No money shall be
29 available for expenditure from the monies appropriated until a certif-
30 icate of approval has been issued by the director of the budget and a
31 copy of such certificate or any amendment thereto has been filed with the
32 state comptroller, the chair of the senate finance committee and the
33 chair of the assembly ways and means committee. Notwithstanding the
34 provisions of any other section of this act, the salary increases, and
35 lump sum payments provided for in this act shall not be implemented until
36 the director of employee relations has delivered notice to the director
37 of the budget and the comptroller that a Final Decision and Award has
38 been issued and signed by the interest arbitration panel so that such
39 amounts may be paid.
40 ALL STATE DEPARTMENTS AND AGENCIES
41 SPECIAL PAY BILLS
42 General Fund / State Operations
43 State Purposes Account - 003
44 NONPERSONAL SERVICE
45 Joint committee on health benefits ................ 15,782
46 Contract administration ........................... 30,000
47 Education and Training ............................ 91,337
48 Education and Training - Management Directed ...... 55,746
49 Employee Assistance Program ....................... 13,810
50 Organizational Alcohol Program .................... 21,441
51 Legal Defense Fund ................................ 10,000
52 Quality of Work Life Initiatives .................. 67,420
53 Employee Benefit Fund ............................ 198,175
S. 2505--C 32 A. 3005--C
1 § 20. This act shall take effect immediately and shall be deemed to
2 have been in full force and effect on and after April 1, 2015.
3 PART WW
4 Section 1. The section heading of section 421-f of the real property
5 tax law, as amended by chapter 590 of the laws of 1994, is amended to
6 read as follows:
7 Exemption of capital improvements to residential buildings and certain
8 new construction.
9 § 2. Section 421-f of the real property tax law is amended by adding a
10 new subdivision 1-a to read as follows:
11 1-a. Buildings classified as class one property in section eighteen
12 hundred two of this chapter reconstructed, altered, improved, or newly
13 constructed in a special assessing unit that is not a city shall be
14 exempt from taxation and special ad valorem levies to the extent
15 provided hereinafter in the same manner and to the same extent to coun-
16 ty, town, special district and school district taxes levied on the
17 assessment roll prepared by such special assessing unit. Additional
18 buildings and yard improvements shall be excluded from receiving this
19 exemption. An application shall not be required to receive the
20 exemption.
21 § 3. Subdivisions 2 and 3 of section 421-f of the real property tax
22 law, as amended by chapter 590 of the laws of 1994, subparagraph (ii) of
23 paragraph (a) of subdivision 2 and subdivision 3 as further amended by
24 subdivision (b) of section 1 of part W of chapter 56 of the laws of
25 2010, are amended to read as follows:
26 2. (a) Such buildings shall be exempt for a period of one year to the
27 extent of one hundred per centum of the increase in assessed value ther-
28 eof attributable to such reconstruction, alteration or improvement, and
29 new construction pursuant to subdivision one-a of this section, and for
30 an additional period of seven years subject to the following:
31 (i) The extent of such exemption shall be decreased by twelve and
32 one-half per centum of the "exemption base" each year during such addi-
33 tional period. The "exemption base" shall be the increase in assessed
34 value as determined in the initial year of the term of the exemption,
35 except as provided in subparagraph (ii) of this paragraph.
36 (ii) In any year in which a change in level of assessment of fifteen
37 percent or more is certified for a final assessment roll pursuant to the
38 rules of the commissioner, the exemption base shall be multiplied by a
39 fraction, the numerator of which shall be the total assessed value of
40 the parcel on such final assessment roll (after accounting for any phys-
41 ical or quantity changes to the parcel since the immediately preceding
42 assessment roll), and the denominator of which shall be the total
43 assessed value of the parcel on the immediately preceding final assess-
44 ment roll. The result shall be the new exemption base. The exemption
45 shall thereupon be recomputed to take into account the new exemption
46 base, notwithstanding the fact that the assessor receives certification
47 of the change in level of assessment after the completion, verification
48 and filing of the final assessment roll. In the event the assessor does
49 not have custody of the roll when such certification is received, the
50 assessor shall certify the recomputed exemption to the local officers
51 having custody and control of the roll, and such local officers are
52 hereby directed and authorized to enter the recomputed exemption certi-
53 fied by the assessor on the roll. The assessor shall give written notice
54 of such recomputed exemption to the property owner, who may, if he or
S. 2505--C 33 A. 3005--C
1 she believes that the exemption was recomputed incorrectly, apply for a
2 correction in the manner provided by title three of article five of this
3 chapter for the correction of clerical errors.
4 (iii) [Such] Except in a special assessing unit that is not a city,
5 such exemption shall be limited to eighty thousand dollars in increased
6 market value, or such other sum less than eighty thousand dollars, but
7 not less than five thousand dollars as may be provided by the local law
8 or resolution, of the property attributable to such reconstruction,
9 alteration or improvement and any increase in market value greater than
10 such amount shall not be eligible for the exemption pursuant to this
11 section. In a special assessing unit that is not a city, the exemption
12 shall be limited to seven hundred fifty thousand dollars in increased
13 market value. For the purposes of this section, the market value of the
14 reconstruction, alteration or improvement, or new construction as
15 authorized by subdivision one-a of this section, shall be equal to the
16 increased assessed value attributable to such reconstruction, alteration
17 [or], improvement or new construction divided by the class [I] one ratio
18 in a special assessing unit or the most recently established state
19 equalization rate or special equalization rate in the remainder of the
20 state, except where the state equalization rate or special equalization
21 rate equals or exceeds ninety-five percent, in which case the increase
22 in assessed value attributable to such reconstruction, alteration [or],
23 improvement or new construction shall be deemed to equal the market
24 value of such reconstruction, alteration or improvement.
25 (b) [No] Except in a special assessing unit that is not a city, no
26 such exemption shall be granted for reconstruction, alterations or
27 improvements unless:
28 (i) such reconstruction, alteration or improvement was commenced
29 subsequent to the effective date of the local law or resolution adopted
30 pursuant to subdivision one of this section; and
31 (ii) the value of such reconstruction, alteration or improvement
32 exceeds three thousand dollars; and
33 (iii) the greater portion, as so determined by square footage, of the
34 building reconstructed, altered or improved is at least five years old.
35 (c) For purposes of this section the terms reconstruction, alteration
36 and improvement shall not include ordinary maintenance and repairs.
37 3. [Such] Except in a special assessing unit that is not a city, such
38 exemption shall be granted only upon application by the owner of such
39 building on a form prescribed by the commissioner. The application shall
40 be filed with the assessor of the city, town, village or county having
41 the power to assess property for taxation on or before the appropriate
42 taxable status date of such city, town, village or county. In a special
43 assessing unit that is not a city, the exemption shall be applied based
44 upon that completion of reconstruction, alteration, improvement or new
45 construction on or before the applicable taxable status date of the
46 special assessing unit; provided, however that the exemption for such
47 reconstruction, alteration, improvement or new construction that
48 occurred after the taxable status date of such special assessing unit
49 for the two thousand nineteen -- two thousand twenty assessment roll
50 and on or before the taxable status date of such special assessing unit
51 for the two thousand twenty -- two thousand twenty-one assessment roll
52 shall be applied beginning with the two thousand twenty-one -- two thou-
53 sand twenty-two assessment roll.
54 § 4. Subdivisions 5, 6 and 7 of section 421-f of the real property tax
55 law, as amended by chapter 590 of the laws of 1994, are amended to read
56 as follows:
S. 2505--C 34 A. 3005--C
1 5. For the purposes of this section, except in a special assessing
2 unit that is not a city, a residential building shall mean any building
3 or structure designed and occupied exclusively for residential purposes
4 by not more than two families.
5 6. In the event that a building granted an exemption pursuant to this
6 section ceases to be used primarily for residential purposes [or], is no
7 longer classified as class one property in a special assessing unit that
8 is not a city, or title thereto is transferred to other than the heirs
9 or distributees of the owner in other than a special assessing unit that
10 is not a city, the exemption granted pursuant to this section shall
11 cease.
12 7. (a) [A] Except for a special assessing unit that is not a city, a
13 county, city, town or village may, by its local law, or school district,
14 by its resolution:
15 (i) reduce the per centum of exemption otherwise allowed pursuant to
16 this section;
17 (ii) limit eligibility for the exemption to those forms of recon-
18 struction, alterations or improvements as are prescribed in such local
19 law or resolution;
20 (iii) provide that the exemption shall be applicable only to those
21 improvements which would otherwise result in an increase in the assessed
22 valuation of the real property but which consist of an addition, remod-
23 eling or modernization to an existing residential structure to prevent
24 physical deterioration of the structure or to comply with applicable
25 building, sanitary, health and/or fire codes.
26 (b) No such local law or resolution shall reduce or repeal an
27 exemption granted pursuant to this section until the expiration of the
28 period for which such exemption was granted.
29 § 5. Effect of exemption. A special assessing unit that is not a city
30 shall not consider property exempt pursuant to subdivision 1-a of
31 section 421-f of the real property tax law when calculating tax rates or
32 when apportioning taxes among classes under article 18 of the real prop-
33 erty tax law.
34 § 6. Severability. If any clause, sentence, paragraph, section or part
35 of this act shall be adjudged by any court of competent jurisdiction to
36 be invalid and after exhaustion of all further judicial review, the
37 judgment shall not affect, impair or invalidate the remainder thereof,
38 but shall be confined in its operation to the clause, sentence, para-
39 graph, section or part of this act directly involved in the controversy
40 in which the judgment shall have been rendered.
41 § 7. This act shall take effect immediately; provided however, that
42 subdivision 1-a and the amendments made to the section heading and
43 subdivisions 2, 3, 5, 6 and 7 of section 421-f of the real property tax
44 law by sections one through four of this act shall apply only to the
45 2021-2022, 2022-2023, 2023-2024 and 2024-2025 assessment rolls of the
46 county of Nassau, and shall expire and be deemed repealed January 1,
47 2026.
48 PART XX
49 Section 1. Section 1 of subpart H of part C of chapter 20 of the laws
50 of 2015, appropriating money for certain municipal corporations and
51 school districts, as amended by section 1 of part AAA of chapter 59 of
52 the laws of 2018, is amended to read as follows:
53 Section 1. Contingent upon available funding, and not to exceed
54 [$69,000,000] $140,000,000 moneys from the urban development corporation
S. 2505--C 35 A. 3005--C
1 shall be available for a local government entity, which for the purposes
2 of this section shall mean a county, city, town, village, school
3 district or special district, where (i) on or after June 25, 2015, an
4 electric generating facility located within such local government entity
5 has ceased operations, and (ii) the closing of such facility has caused
6 a reduction in the real property tax collections or payments in lieu of
7 taxes of at least twenty percent owed by such electric generating facil-
8 ity. Such moneys attributable to the cessation of operations, shall be
9 paid annually on a first come, first served basis by the urban develop-
10 ment corporation to such local government entity within a reasonable
11 time upon confirmation from the state office of real property tax
12 services or the local industrial development authority established
13 pursuant to titles eleven and fifteen of article eight of the public
14 authorities law, or the local industrial development agency established
15 pursuant to article eighteen-A of the general municipal law that such
16 cessation has resulted in a reduction in the real property tax
17 collections or payments in lieu of taxes, provided, however, that the
18 urban development corporation shall not provide assistance to such local
19 government entity for more than seven years, and shall award payments
20 reflecting the loss of revenues due to the cessation of operations as
21 follows:
22 Award Year Maximum Potential Award
23 1 no more than eighty percent of loss of revenues
24 2 no more than seventy percent of loss of revenues
25 3 no more than sixty percent of loss of revenues
26 4 no more than fifty percent of loss of revenues
27 5 no more than forty percent of loss of revenues
28 6 no more than thirty percent of loss of revenues
29 7 no more than twenty percent of loss of revenues
30 A local government entity shall be eligible for only one payment of
31 funds hereunder per year. A local government entity may seek assistance
32 under the electric generation facility cessation mitigation fund once a
33 generator has submitted its notice to the federally designated electric
34 bulk system operator (BSO) serving the state of New York of its intent
35 to retire the facility or of its intent to voluntarily remove the facil-
36 ity from service subject to any return-to-service provisions of any
37 tariff, and that the facility also is ineligible to participate in the
38 markets operated by the BSO. The date of submission of a local govern-
39 ment entity's application for assistance shall establish the order in
40 which assistance is paid to program applicants, except that in no event
41 shall assistance be paid to a local government entity until such time
42 that an electric generating facility has retired or become ineligible to
43 participate in the markets operated by the BSO. For purposes of this
44 section, any local government entity seeking assistance under the elec-
45 tric generation facility cessation mitigation fund must submit an attes-
46 tation to the department of public service that a facility is no longer
47 producing electricity and is no longer participating in markets operated
48 by the BSO. After receipt of such attestation, the department of public
49 service shall confirm such information with the BSO. In the case that
50 the BSO confirms to the department of public service that the facility
51 is no longer producing electricity and participating in markets operated
52 by such BSO, it shall be deemed that the electric generating facility
53 located within the local government entity has ceased operation. The
54 department of public service shall provide such confirmation to the
S. 2505--C 36 A. 3005--C
1 urban development corporation upon receipt. The determination of the
2 amount of such annual payment shall be determined by the president of
3 the urban development corporation based on the amount of the differen-
4 tial between the annual real property taxes and payments in lieu of
5 taxes imposed upon the facility, exclusive of interest and penalties,
6 during the last year of operations and the current real property taxes
7 and payments in lieu of taxes imposed upon the facility, exclusive of
8 interest and penalties. The total amount awarded from this program shall
9 not exceed [$69,000,000] $140,000,000.
10 § 2. Section 4 of subpart H of part C of chapter 20 of the laws of
11 2015, appropriating money for certain municipal corporations and school
12 districts, is amended to read as follows:
13 § 4. This act shall take effect immediately and shall expire and be
14 deemed repealed by July 1, 2025; provided, however, a local government
15 which has not completed its seven years of assistance prior to such date
16 shall continue to receive funding until such seven year timeframe is
17 complete.
18 § 3. This act shall take effect immediately; provided, however, that
19 the amendments to section 1 of subpart H of part C of chapter 20 of the
20 laws of 2015 made by section one of this act shall not affect the repeal
21 of such subpart and shall be deemed repealed therewith.
22 PART YY
23 Section 1. Section 15 of part OO of chapter 54 of the laws of 2016,
24 amending the public authorities law relating to procurements by the New
25 York City transit authority and the metropolitan transportation authori-
26 ty, is amended to read as follows:
27 § 15. This act shall take effect immediately, and shall expire and be
28 deemed repealed April 1, [2021] 2024.
29 § 2. This act shall take effect immediately.
30 PART ZZ
31 Section 1. The environmental conservation law is amended by adding a
32 new section 11-0935 to read as follows:
33 § 11-0935. Deer hunting pilot program.
34 1. Notwithstanding subdivision one-a of section 11-0701 and the cross-
35 bow prohibition of subdivision one of section 11-0929, a hunting license
36 holder who is twelve or thirteen years of age may hunt deer with a
37 crossbow, rifle, shotgun, or muzzle-loading firearm as provided in this
38 title in an eligible area provided that:
39 (a) such minor is accompanied by their parent or legal guardian, or by
40 a person designated in writing by such parent or legal guardian on a
41 form prescribed by the department who is twenty-one years of age or
42 older; and
43 (b) such parent, guardian or person has had at least three year's
44 experience in hunting deer; and
45 (i) such parent, guardian or person holds a hunting license; and
46 (ii) such parent, guardian or person maintains physical control over
47 the minor at all times while hunting. For the purposes of this paragraph
48 "physical control" shall mean that the physical proximity of such minor
49 to the parent, guardian or person is such that the parent, guardian or
50 person is reasonably able to issue verbal directions and instructions,
51 maintain constant visual contact, and otherwise provide guidance and
52 supervision to the minor; and
S. 2505--C 37 A. 3005--C
1 (iii) such parent, guardian or person and the minor remain at ground
2 level at all times while hunting; and
3 (c) such parent, guardian or person and the minor shall each display
4 either a minimum total of two hundred fifty square inches of solid
5 fluorescent orange or pink or patterned fluorescent orange or pink
6 consisting of no less than fifty percent fluorescent orange or pink
7 material worn above the waist and visible from all directions, or a hat
8 or cap with no less than fifty percent of the exterior consisting of
9 solid fluorescent orange or pink material and visible from all
10 directions.
11 2. For the purposes of this section "eligible area" shall include a
12 county that has passed a local law authorizing participation in the
13 pilot program and has notified the department of such participation,
14 provided, however, that the following counties: Westchester; Richmond;
15 Bronx; New York; Kings; Queens; Nassau; and Suffolk shall not be deemed
16 to be eligible.
17 3. The department shall prepare a report by February first of each
18 year including the following information at a minimum: number of
19 violations; hunting related incidents and revocations pursuant to
20 section 11-0719; the number of counties participating; the number of
21 minors participating; and the number of deer taken.
22 § 2. This act shall take effect June 1, 2021 and shall expire and be
23 deemed repealed December 31, 2023.
24 PART AAA
25 Section 1. Notwithstanding the contrary provisions of section 9-0501
26 of the environmental conservation law and the contrary provisions of the
27 public lands law, the department of environmental conservation is
28 authorized to grant easements for buried electric cables on real proper-
29 ty within the Farmersville State Forest, Lost Nation State Forest, and
30 Swift Hill State Forest, which meet the following conditions:
31 (a) The easements are for buried electric cables which are part of a
32 wind powered electric generation project located in the towns of Rush-
33 ford, Farmersville, Arcade, Centerville, Freedom, and Machias.
34 (b) The easements are for a portion of properties located within Farm-
35 ersville State Forest, Lost Nation State Forest, and Swift Hill State
36 Forest owned by the state and managed by the department of environmental
37 conservation. To avoid impacts to these three state forests associated
38 with the placement of buried electric cables serving the aforementioned
39 wind-powered electric generation project and consistent with the certif-
40 ication and approval of the project pursuant to article 10 of the public
41 service law, the electric cables in these three state forests shall be
42 installed underground, directional boring shall be used to install such
43 underground cables, and, for the duration of and in connection with the
44 easements granted, no trees shall be removed from these three state
45 forests before, during or after installation of such buried cables. The
46 buried cables shall be:
47 (1) located underground for approximately 500 feet between turbines
48 101 and 102 (which are sited on private land), and passing below a
49 section of Farmersville State Forest in Cattaraugus County;
50 (2) located underground for approximately 1,600 feet on the south side
51 of Hess Road along the Farmersville State Forest boundary in Cattaraugus
52 County, turning southwest to follow an existing track for approximately
53 420 feet, and continuing west along the northern parcel boundary for
S. 2505--C 38 A. 3005--C
1 approximately 1,300 feet to the property line, to connect turbines 100
2 and 104 (both sited on private land);
3 (3) located underground for approximately 2,950 feet along the west
4 side of North Hill Road in Lost Nation State Forest in Allegany County
5 to connect turbines 73, 75, 76, and 77 (all sited on private land) to
6 the rest of the project; and
7 (4) located underground for approximately 1,150 feet on the east side
8 of Rushford Road, along the western edge of Swift Hill State Forest in
9 Allegany County to connect turbines 124 and 125 (both sited on private
10 land) to the rest of the project.
11 (c) The easements will be conveyed by the department of environmental
12 conservation and take effect only in the event the underground cables
13 proposed to be on such easement lands are certified and approved as part
14 of a wind powered electric generation facility pursuant to article 10 of
15 the public service law.
16 (d) The easements shall terminate when the associated wind powered
17 electric generation project ceases to operate for 18 months as set forth
18 in the easements and the easements shall then revert to the state to be
19 managed by the department of environmental conservation as state forest
20 land.
21 (e) The use of chemicals/herbicides for clearing said easements is
22 prohibited unless prior approval for the same is granted by the depart-
23 ment of environmental conservation, division of lands and forests.
24 § 2. (a) In entering into the easements described in section one of
25 this act, the department of environmental conservation is authorized to
26 grant such easements for fair market value plus twenty percent of the
27 value of the easements plus one hundred thousand dollars upon applica-
28 tion by Alle-Catt Wind Energy LLC.
29 (b) An amount, not less than fair market value plus twenty percent of
30 the value of the easements plus one hundred thousand dollars shall be
31 used to obtain for the state an interest in real property for open space
32 purposes in region 9 of the department of environmental conservation
33 from the regional priority conservation projects list in region 9 as
34 part of this state's open space conservation plan. The total payment for
35 such acquisition or acquisitions shall not be less than the value of the
36 easements to be conveyed by the state plus twenty percent of the value
37 of such easements plus one hundred thousand dollars.
38 (c) Any monies received by the department of environmental conserva-
39 tion from Alle-Catt Wind Energy LLC in consideration of these easements
40 shall be deposited into the state environmental protection fund, as
41 established in section 92-s of the state finance law, until such time as
42 they can be used towards the purchase of the real property as contem-
43 plated in subdivision (b) of this section.
44 (d) The description of the easements to be conveyed by this act is not
45 intended to be a legal description, but is intended to identify the
46 easements to be conveyed. As a condition of conveyance Alle-Catt Wind
47 Energy LLC shall submit to the commissioner of environmental conserva-
48 tion for his or her approval an accurate survey and description of lands
49 generally described in this section which may be used in the conveyance
50 thereof.
51 (e) The grant of the easements is conditioned on the issuance of
52 certificates of environmental compatibility and public need pursuant to
53 the provisions of article 10 of the public service law.
54 § 3. The commissioner of environmental conservation may prescribe
55 additional terms for such exchange of real property. Such contract shall
56 not become binding upon the state until approved by the state comp-
S. 2505--C 39 A. 3005--C
1 troller. Title to the land to the people of the state of New York pursu-
2 ant to the provisions of such contract shall be approved by the attorney
3 general, and the deed to the state shall be approved by him or her as to
4 form and manner of execution and recordability before such deed shall be
5 accepted on behalf of the state. Notwithstanding the contrary provisions
6 of the public lands law, the conveyance of the state-owned easements
7 pursuant to such contract shall be without reservation or exception,
8 except as provided for in such contract. Upon certification by the
9 commissioner of environmental conservation to the commissioner of gener-
10 al services of a copy of the contract, and certification that Alle-Catt
11 Wind Energy LLC has complied with all terms and conditions of the
12 contract upon their part to be kept and performed, together with a
13 description of any of the easements to be exchanged, conveyed and/or
14 payments to be made, the commissioner of general services shall convey
15 the easements described in section one of this act in accordance with
16 the provisions of the contract.
17 § 4. This act shall take effect immediately, and shall expire and be
18 deemed repealed five years after such date; provided, however, should
19 the easements be granted within the five years, the term of the ease-
20 ments will establish the end date of the easements. At such time the
21 land will revert back to the state of New York for state forest
22 purposes.
23 PART BBB
24 Section 1. Paragraph (b) of subdivision 5 of section 8-0111 of the
25 environmental conservation law, as amended by chapter 388 of the laws of
26 2011, is amended to read as follows:
27 (b) Actions subject to the provisions requiring a certificate of envi-
28 ronmental compatibility and public need in articles seven, ten and the
29 former article eight of the public service law or requiring a siting
30 permit under section ninety-four-c of the executive law; or
31 § 2. Paragraph (i) of subdivision 3 and paragraph (d) of subdivision 7
32 of section 94-c of the executive law, as added by section 4 of part JJJ
33 of chapter 58 of the laws of 2020, is amended to read as follows:
34 (i) Notwithstanding any other provision of law, rule, or regulation to
35 the contrary and consistent with appropriations therefor, employees of
36 any state agency who are necessary to the functions of the office and
37 who may be substantially engaged in the performance of its functions
38 shall be transferred to the office in accordance with the provisions of
39 section [seventy-eight] seventy of the civil service law. Employees
40 transferred pursuant to this section shall be transferred without
41 further examination or qualification and shall retain their respective
42 civil service classifications. Nothing set forth in this subdivision
43 shall be construed to impede, infringe, or diminish the rights and bene-
44 fits that accrue to employees through collective bargaining agreements,
45 impact or change an employee's membership in a bargaining unit, or
46 otherwise diminish the integrity of the collective bargaining relation-
47 ship.
48 (d) In addition to the fees established pursuant to paragraph (a) of
49 this subdivision, the office, pursuant to regulations adopted pursuant
50 to this section, may assess a fee for the purpose of recovering [the]
51 costs the office incurs [related to reviewing and processing an applica-
52 tion submitted under this section].
53 § 3. Section 94-c of the executive law is amended by adding a new
54 subdivision 8 to read as follows:
S. 2505--C 40 A. 3005--C
1 8. Farmland protection working group. (a) There is hereby created in
2 the executive department a farmland protection working group consisting
3 of appropriate stakeholders, including but not limited to:
4 (i) the commissioner of the department of agriculture and markets;
5 (ii) the commissioner of the department of environmental conservation;
6 (iii) the executive director of the office;
7 (iv) the commissioner of the department of public service;
8 (v) the president of the New York state energy research and develop-
9 ment authority;
10 (vi) local government officials or representatives from municipal
11 organizations representing towns, villages, and counties;
12 (vii) representatives from at least two county agricultural and farm-
13 land protection boards.
14 (b) The working group shall, no later than one year after the effec-
15 tive date of this subdivision, recommend strategies to encourage and
16 facilitate input from municipalities in the siting process and to devel-
17 op recommendations that include approaches to recognize the value of
18 viable agricultural land and methods to minimize adverse impacts to any
19 such land resulting from the siting of major renewable energy facili-
20 ties.
21 (c) The working group, on call of the commissioner of the department
22 of agriculture and markets, shall meet at least three times each year
23 and at such other times as may be necessary.
24 § 4. This act shall take effect immediately and shall be deemed to
25 have been in full force and effect on and after April 3, 2020; provided,
26 however, that the amendments to section 94-c of the executive law, made
27 by sections two and three of this act, shall not affect the repeal of
28 such section and shall be deemed repealed therewith.
29 PART CCC
30 Section 1. Section 54-1521 of the environmental conservation law, as
31 added by section 5 of part U of chapter 58 of the laws of 2016, is
32 amended to read as follows:
33 § 54-1521. Clean vehicle projects.
34 1. As used in this section, the following terms shall have the follow-
35 ing meanings:
36 a. "eligible infrastructure project" shall mean any facility (not
37 including a building and its structural components) that is publicly
38 available and used primarily for the public charging and/or fueling of
39 eligible vehicles [which meet the eligible vehicle definition] as
40 defined in this section, including but not limited to fast chargers,
41 that has received required federal, state and local permits and authori-
42 zations, and complies with applicable zoning ordinances.
43 b. "eligible purchase" shall mean the purchase by a municipality to
44 own or lease for a period of not less than thirty-six months of an
45 eligible vehicle placed into service on or after April first, two thou-
46 sand sixteen at a dealer located within New York.
47 c. "eligible vehicle" means and includes a new motor vehicle that:
48 (i) has four wheels;
49 (ii) was manufactured for use primarily on public streets, roads and
50 highways;
51 (iii) the powertrain of which has not been modified from the original
52 manufacturer's specifications;
53 (iv) [is rated at not more than eight thousand five hundred pounds
54 gross vehicle weight;
S. 2505--C 41 A. 3005--C
1 (v)] has a maximum speed capability of at least fifty-five miles per
2 hour; and
3 [(vi)] (v) is propelled at least in part by an electric motor and
4 associated power electronics which provide acceleration torque to the
5 drive wheels sometime during normal vehicle operation, and that draws
6 electricity from a hydrogen fuel cell or from a battery that:
7 (A) has a capacity of not less than four kilowatt hours; and
8 (B) is capable of being recharged from an external source of electric-
9 ity.
10 2. a. Until April 1, [2023] 2025, the commissioner, in consultation
11 with the New York state energy research and development authority, is
12 authorized to issue rebates until the annual allocation is exhausted to
13 municipalities toward the cost of any eligible infrastructure projects
14 which support the development of clean vehicles.
15 b. The department, in consultation with the New York state energy
16 research and development authority, shall determine the amount of the
17 rebate for eligible infrastructure projects, provided that an applicant
18 for such eligible infrastructure project rebate may receive a maximum
19 rebate of two hundred fifty thousand dollars per facility, provided
20 however that infrastructure projects that will maximize access by multi-
21 ple public users who might otherwise not have access may receive a maxi-
22 mum of three hundred thousand dollars per facility.
23 3. a. Until April 1, [2023] 2025, the commissioner, in consultation
24 with the New York state energy research and development authority, is
25 authorized to issue rebates until the annual allocation is exhausted to
26 municipalities toward the cost of eligible purchases of clean vehicles.
27 b. The department, in consultation with the New York state energy
28 research and development authority, shall determine the amount of the
29 rebate taking into consideration the electric range of the vehicle,
30 provided that a rebate of an eligible purchase shall be not less than
31 [seven hundred fifty] two thousand five hundred dollars per vehicle and
32 not more than seven thousand five [thousand] hundred dollars per vehi-
33 cle.
34 4. The department, in consultation with the New York state energy
35 research and development authority, shall promulgate rules to implement
36 and administer this title including rules relating to the forms required
37 to claim a rebate, the required documentation for establishing eligibil-
38 ity for a rebate, procedures and guidelines for claiming a rebate, and
39 the collection of economic impact data from applicants and any other
40 requirements the department and New York state energy research and
41 development authority deem necessary. The department shall determine and
42 publish on its website on an ongoing basis the amount of available fund-
43 ing for rebates remaining in each fiscal year.
44 5. No later than April first, two thousand eighteen and annually ther-
45 eafter, the department shall issue a report to the temporary president
46 of the senate and the speaker of the assembly detailing the status of
47 its program to encourage the deployment of clean vehicles. Such report
48 shall include:
49 a. the amount of funding dedicated by the department for the program
50 in the preceding year;
51 b. the [amount] number of eligible purchases and eligible infrastruc-
52 ture projects for which a rebate was awarded;
53 c. the amount and geographic distribution of rebates; and
54 d. any other information the department deems necessary.
55 § 2. This act shall take effect April 1, 2021.
S. 2505--C 42 A. 3005--C
1 PART DDD
2 Section 1. Subdivision 5 of section 1902 of the public authorities
3 law, as added by section 6 of part JJJ of chapter 58 of the laws of
4 2020, is amended to read as follows:
5 5. Notwithstanding title five-A of article nine of this chapter or
6 section two thousand eight hundred twenty-seven-a of this chapter,
7 establish a build-ready program, including eligibility and other crite-
8 ria, pursuant to which the authority would, through a competitive and
9 transparent bidding process, and using single purpose project holding
10 companies established by or on behalf of the authority and having no
11 separate and independent operational control, acquire, sell and transfer
12 rights and other interests in build-ready sites and development rights
13 to developers for the purpose of facilitating the development of renewa-
14 ble energy facilities on such build-ready sites, which single purpose
15 project holding companies shall be subject to the laws of this chapter
16 until conveyed to third parties. Such transactions may include the
17 transfer of rights, interests and obligations existing under agreements
18 providing for host community benefits negotiated by the authority pursu-
19 ant to programs established pursuant to subdivision six of this section
20 on such terms and conditions as the authority deems appropriate;
21 § 2. This act shall take effect immediately and shall expire and be
22 deemed repealed three years after such date; provided however, that the
23 amendments to section 1902 of the public authorities law made by section
24 one of this act shall not affect the repeal of such section and shall be
25 deemed repealed therewith.
26 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
27 sion, section or part of this act shall be adjudged by any court of
28 competent jurisdiction to be invalid, such judgment shall not affect,
29 impair, or invalidate the remainder thereof, but shall be confined in
30 its operation to the clause, sentence, paragraph, subdivision, section
31 or part thereof directly involved in the controversy in which such judg-
32 ment shall have been rendered. It is hereby declared to be the intent of
33 the legislature that this act would have been enacted even if such
34 invalid provisions had not been included herein.
35 § 3. This act shall take effect immediately provided, however, that
36 the applicable effective date of Parts A through DDD of this act shall
37 be as specifically set forth in the last section of such Parts.
