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S02508 Summary:

BILL NOS02508C
 
SAME ASSAME AS UNI. A03008-C
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2021-2022 state fiscal year; extends the authorization of the loan powers of the New York state urban development corporation (Part J); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part K); relates to the effectiveness of certain provisions transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation (Part M); permits the secretary of state to provide special handling for all documents filed or issued by the division of corporations; permits additional levels of such expedited service (Part N); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part W); authorizes certain counties to permanently and temporarily convey certain easements and to temporarily alienate certain parklands to implement the Bay Park conveyance project (Part Z); extends certain brownfield credit periods that expire on or after 3/20/20 and before 12/31/21 for two years (Part AA); relates to the "Cleaner, Greener NY Act" (Part CC); relates to demonstrations and tests consisting of the operation of a motor vehicle equipped with autonomous vehicle technology and the required submission of a report relating thereto (Part GG); extends authorization for the dormitory authority to enter into certain design and construction management agreements (Part II); relates to the covered period for forbearance of residential mortgage payments (Part LL); authorizes utility and cable television assessments that provide funds to certain departments (Part WW).
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S02508 Actions:

BILL NOS02508C
 
01/20/2021REFERRED TO FINANCE
02/24/2021AMEND (T) AND RECOMMIT TO FINANCE
02/24/2021PRINT NUMBER 2508A
03/13/2021AMEND (T) AND RECOMMIT TO FINANCE
03/13/2021PRINT NUMBER 2508B
03/29/2021AMEND (T) AND RECOMMIT TO FINANCE
03/29/2021PRINT NUMBER 2508C
04/06/2021ORDERED TO THIRD READING CAL.648
04/06/2021PASSED SENATE
04/06/2021DELIVERED TO ASSEMBLY
04/06/2021referred to ways and means
04/06/2021substituted for a3008c
04/06/2021ordered to third reading rules cal.53
04/06/2021passed assembly
04/06/2021returned to senate
04/07/2021DELIVERED TO GOVERNOR
04/19/2021SIGNED CHAP.58
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S02508 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2508--C                                            A. 3008--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  intentionally omitted (Part A); intentionally omitted (Part B);
          intentionally omitted (Part C); intentionally omitted (Part D); inten-
          tionally omitted (Part E);  intentionally  omitted  (Part  F);  inten-
          tionally  omitted  (Part  G);  intentionally  omitted (Part H); inten-
          tionally omitted (Part I); to amend chapter 393 of the  laws  of  1994
          amending the New York state urban development corporation act relating
          to  the  powers of the New York state urban development corporation to
          make loans, in relation to extending loan powers (Part  J);  to  amend
          the  urban  development  corporation act, in relation to extending the
          authority of the New  York  state  urban  development  corporation  to
          administer the empire state economic development fund (Part K); inten-
          tionally  omitted (Part L); to amend section 3 of part S of chapter 58
          of the laws of 2016, relating to transferring the statutory  authority
          for  the promulgation of marketing orders from the department of agri-
          culture and markets to the New York  state  urban  development  corpo-
          ration,  in  relation  to the effectiveness thereof (Part M); to amend
          chapter 21 of the laws of 2003, amending the executive law relating to
          permitting the secretary of state to provide special handling for  all
          documents  filed  or  issued  by  the  division of corporations and to
          permit additional levels of such expedited service, in relation to the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12573-05-1

        S. 2508--C                          2                         A. 3008--C
 
          effectiveness thereof (Part N); intentionally omitted (Part O); inten-
          tionally omitted (Part P);  intentionally  omitted  (Part  Q);  inten-
          tionally  omitted  (Part  R);  intentionally  omitted (Part S); inten-
          tionally   omitted   (Part   T);   intentionally   omitted  (Part  U);
          intentionally omitted (Part V); to authorize the energy  research  and
          development  authority  to finance a portion of its research, develop-
          ment and demonstration, policy and planning, and Fuel NY  program,  as
          well  as climate change related expenses of the department of environ-
          mental conservation and the department  of  agriculture  and  markets'
          Fuel  NY  program, from an assessment on gas and electric corporations
          (Part W); intentionally omitted (Part X); intentionally omitted  (Part
          Y); to amend part UU of chapter 58 of the laws of 2020 authorizing the
          county  of Nassau, to permanently and temporarily convey certain ease-
          ments and to temporarily alienate certain parklands,  in  relation  to
          authorizing  certain  counties  to  permanently and temporarily convey
          certain easements and to temporarily alienate certain parklands  (Part
          Z);  to amend the tax law, in relation to extending certain brownfield
          credit periods that expire on or after 3/20/20 and before 12/31/21 for
          two years (Part  AA); intentionally omitted (Part BB); to amend  chap-
          ter 58 of the laws of 2013 amending the environmental conservation law
          and  the state finance law relating to the "Cleaner, Greener NY Act of
          2013", in relation to the  effectiveness  thereof  (Part  CC);  inten-
          tionally  omitted  (Part  DD); intentionally omitted (Part EE); inten-
          tionally omitted (Part FF); to amend part FF of chapter 55 of the laws
          of 2017 relating to motor vehicles equipped  with  autonomous  vehicle
          technology, in relation to the effectiveness thereof (Part GG); inten-
          tionally omitted (Part HH); to amend part BB of chapter 58 of the laws
          of  2012, amending the public authorities law, relating to authorizing
          the dormitory authority to enter into certain design and  construction
          management  agreements, in relation to the effectiveness thereof (Part
          II); intentionally omitted (Part JJ); intentionally omitted (Part KK);
          to amend the banking law, in relation to the forbearance  of  residen-
          tial  mortgage  payments  (Part  LL); intentionally omitted (Part MM);
          intentionally omitted (Part  NN);  intentionally  omitted  (Part  OO);
          intentionally  omitted  (Part  PP);  intentionally  omitted (Part QQ);
          intentionally omitted (Part  RR);  intentionally  omitted  (Part  SS);
          intentionally  omitted  (Part  TT);  intentionally  omitted (Part UU);
          intentionally omitted (Part VV); and to authorize  utility  and  cable
          television  assessments that provide funds to the department of health
          from cable television assessment revenues and  to  the  department  of
          agriculture  and  markets,  department  of environmental conservation,
          department of state, and the office of parks, recreation and  historic
          preservation  from  utility assessment revenues; and providing for the
          repeal of such provisions upon the expiration thereof (Part WW)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  necessary to implement the state  transportation,  economic  development
     3  and  environmental  conservation  budget  for the 2021-2022 state fiscal
     4  year.  Each component is wholly contained within a  Part  identified  as
     5  Parts  A  through  WW.  The effective date for each particular provision
     6  contained within such Part is set forth in  the  last  section  of  such
     7  Part.  Any  provision  in any section contained within a Part, including

        S. 2508--C                          3                         A. 3008--C
 
     1  the effective date of the Part, which makes a reference to a section "of
     2  this act", when used in connection with that particular component, shall
     3  be deemed to mean and refer to the corresponding section of the Part  in
     4  which  it  is  found.  Section  three of this act sets forth the general
     5  effective date of this act.
 
     6                                   PART A
 
     7                            Intentionally Omitted
 
     8                                   PART B

     9                            Intentionally Omitted
 
    10                                   PART C
 
    11                            Intentionally Omitted
 
    12                                   PART D
 
    13                            Intentionally Omitted
 
    14                                   PART E
 
    15                            Intentionally Omitted
 
    16                                   PART F
 
    17                            Intentionally Omitted
 
    18                                   PART G
 
    19                            Intentionally Omitted
 
    20                                   PART H
 
    21                            Intentionally Omitted
 
    22                                   PART I
 
    23                            Intentionally Omitted
 
    24                                   PART J
 
    25    Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
    26  New York state urban development corporation act, relating to the powers
    27  of  the  New  York state urban development corporation to make loans, as
    28  amended by section 1 of part FF of chapter 58 of the laws  of  2020,  is
    29  amended to read as follows:
    30    §  2.  This  act shall take effect immediately provided, however, that
    31  section one of this act shall expire on July 1, [2021]  2022,  at  which
    32  time the provisions of subdivision 26 of section 5 of the New York state

        S. 2508--C                          4                         A. 3008--C
 
     1  urban  development  corporation  act shall be deemed repealed; provided,
     2  however, that neither the expiration nor the repeal of such  subdivision
     3  as provided for herein shall be deemed to affect or impair in any manner
     4  any  loan  made  pursuant  to the authority of such subdivision prior to
     5  such expiration and repeal.
     6    § 2. This act shall take effect immediately and  shall  be  deemed  to
     7  have been in full force and effect on and after July 1, 2021.
 
     8                                   PART K
 
     9    Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
    10  of the laws of 1968 constituting the New York  state  urban  development
    11  corporation act, as amended by section 1 of part EE of chapter 58 of the
    12  laws of 2020, is amended to read as follows:
    13    3.  The  provisions  of this section shall expire, notwithstanding any
    14  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    15  the laws of 1996 or of any other law, on July 1, [2021] 2022.
    16    § 2. This act shall take effect immediately and  shall  be  deemed  to
    17  have been in full force and effect on and after July 1, 2021.

    18                                   PART L
 
    19                            Intentionally Omitted
 
    20                                   PART M
 
    21    Section  1.  Section  3  of  part S of chapter 58 of the laws of 2016,
    22  relating to transferring the statutory authority for the promulgation of
    23  marketing orders from the department of agriculture and markets  to  the
    24  New York state urban development corporation, as amended by section 1 of
    25  part Y of chapter 58 of the laws of 2018, is amended to read as follows:
    26    §  3.  This  act shall take effect on the ninetieth day after it shall
    27  have become a law and shall expire  and  be  deemed  repealed  July  31,
    28  [2021]  2026;  provided,  however,  that  any assessment due and payable
    29  under such marketing orders shall be remitted to the  urban  development
    30  corporation starting 30 days after such effective date.
    31    § 2.  This act shall take effect immediately.
 
    32                                   PART N
 
    33    Section  1.  Section 2 of chapter 21 of the laws of 2003, amending the
    34  executive law relating to permitting the secretary of state  to  provide
    35  special  handling  for  all documents filed or issued by the division of
    36  corporations and to permit additional levels of such expedited  service,
    37  as  amended by section 1 of part R of chapter 58 of the laws of 2020, is
    38  amended to read as follows:
    39    § 2. This act shall take effect immediately,  provided  however,  that
    40  section  one  of this act shall be deemed to have been in full force and
    41  effect on and after April 1, 2003 [and shall expire March 31, 2021].
    42    § 2. This act shall take effect immediately and  shall  be  deemed  to
    43  have been in full force and effect on and after March 31, 2021.

    44                                   PART O
 
    45                            Intentionally Omitted

        S. 2508--C                          5                         A. 3008--C
 
     1                                   PART P
 
     2                            Intentionally Omitted
 
     3                                   PART Q
 
     4                            Intentionally Omitted
 
     5                                   PART R
 
     6                            Intentionally Omitted
 
     7                                   PART S
 
     8                            Intentionally Omitted
 
     9                                   PART T
 
    10                            Intentionally Omitted
 
    11                                   PART U
 
    12                            Intentionally Omitted
 
    13                                   PART V
 
    14                            Intentionally Omitted

    15                                   PART W
 
    16    Section  1.  Expenditures  of  moneys  by  the  New  York state energy
    17  research and development authority for  services  and  expenses  of  the
    18  energy   research,  development  and  demonstration  program,  including
    19  grants, the energy policy and planning program, the zero emissions vehi-
    20  cle and electric vehicle rebate program, and the Fuel NY  program  shall
    21  be  subject  to  the  provisions  of this section.   Notwithstanding the
    22  provisions of subdivision 4-a of section 18-a of the public service law,
    23  all moneys committed or expended in an amount not to exceed  $22,700,000
    24  shall  be  reimbursed by assessment against gas corporations, as defined
    25  in subdivision 11 of section 2 of the public service  law  and  electric
    26  corporations  as  defined  in  subdivision 13 of section 2 of the public
    27  service law, where such gas corporations and electric corporations  have
    28  gross  revenues from intrastate utility operations in excess of $500,000
    29  in the preceding calendar year, and the total amount assessed  shall  be
    30  allocated to each electric corporation and gas corporation in proportion
    31  to  its  intrastate  electricity  and  gas revenues in the calendar year
    32  2019. Such  amounts  shall  be  excluded  from  the  general  assessment
    33  provisions  of  subdivision 2 of section 18-a of the public service law.
    34  The chair of the public service commission shall bill  such  gas  and/or
    35  electric  corporations for such amounts on or before August 10, 2021 and
    36  such amounts shall be paid to the New York  state  energy  research  and
    37  development authority on or before September 10, 2021. Upon receipt, the
    38  New  York  state energy research and development authority shall deposit
    39  such funds in the energy research and development operating fund  estab-
    40  lished  pursuant  to section 1859 of the public authorities law. The New
    41  York state energy research and development authority is  authorized  and

        S. 2508--C                          6                         A. 3008--C
 
     1  directed to: (1) transfer up to $4 million to the state general fund for
     2  climate  change related services and expenses of the department of envi-
     3  ronmental conservation, $150,000 to the state general fund for  services
     4  and  expenses of the department of agriculture and markets, and $825,000
     5  to the University of Rochester laboratory for laser energetics from  the
     6  funds  received; and (2) commencing in 2016, provide to the chair of the
     7  public service commission and the director of the budget and the  chairs
     8  and  secretaries  of  the  legislative  fiscal  committees, on or before
     9  August first of each year, an itemized record, certified by  the  presi-
    10  dent  and chief executive officer of the authority, or his or her desig-
    11  nee, detailing any and all expenditures and  commitments  ascribable  to
    12  moneys  received  as  a  result  of  this assessment by the chair of the
    13  department of public service pursuant to  section  18-a  of  the  public
    14  service  law.   This itemized record shall include an itemized breakdown
    15  of the programs being funded by this section and the amount committed to
    16  each program. The authority shall not commit for  any  expenditure,  any
    17  moneys  derived  from the assessment provided for in this section, until
    18  the chair of such authority shall have submitted, and  the  director  of
    19  the  budget  shall  have approved, a comprehensive financial plan encom-
    20  passing all moneys available to  and  all  anticipated  commitments  and
    21  expenditures  by  such  authority  from any source for the operations of
    22  such authority.   Copies of the approved  comprehensive  financial  plan
    23  shall  be  immediately  submitted  by the chair to the chairs and secre-
    24  taries of the legislative fiscal committees. Any such amount not commit-
    25  ted by such authority to contracts or contracts to be awarded or  other-
    26  wise  expended by the authority during the fiscal year shall be refunded
    27  by such authority on a pro-rata basis to such gas and/or electric corpo-
    28  rations, in a manner to  be  determined  by  the  department  of  public
    29  service,  and  any  refund  amounts  must be explicitly lined out in the
    30  itemized record described above.
    31    § 2. This act shall take effect immediately and  shall  be  deemed  to
    32  have been in full force and effect on and after April 1, 2021.
 
    33                                   PART X
 
    34                            Intentionally Omitted
 
    35                                   PART Y
 
    36                            Intentionally Omitted
 
    37                                   PART Z
 
    38    Section  1. Part UU of chapter 58 of the laws of 2020, authorizing the
    39  county of Nassau, to permanently and temporarily  convey  certain  ease-
    40  ments  and to temporarily alienate certain parklands, is amended to read
    41  as follows:
 
    42                                   PART UU
 
    43    Section 1. This act enacts into law components  of  legislation  which
    44  are  necessary to implement legislation relating to the Bay Park Convey-
    45  ance Project.  Each component is wholly contained within a Subpart iden-
    46  tified as Subparts A through C. The effective date for  each  particular
    47  provision contained within such Subpart is set forth in the last section
    48  of  such  Subpart.    Any  provision  in  any section contained within a

        S. 2508--C                          7                         A. 3008--C
 
     1  Subpart, including the effective date of  the  Subpart,  which  makes  a
     2  reference  to a section "of this act", when used in connection with that
     3  particular component, shall be deemed to mean and refer  to  the  corre-
     4  sponding  section  of the Subpart in which it is found. Section three of
     5  this act sets forth the general effective date of this act.
 
     6                                  SUBPART A
 
     7    Section 1. Subject to the  provisions  of  this  act,  the  county  of
     8  Nassau,  acting by and through the county legislature of such county, is
     9  hereby authorized to (a) discontinue permanently the use as parkland the
    10  [subsurface] lands described in sections  [four,]  five,  seven,  eight,
    11  [ten]  and  eleven of this act and establish permanent easements on such
    12  lands for  the  purpose  of  constructing,  operating,  maintaining  and
    13  repairing  a  subsurface sewer main, and (b) discontinue temporarily the
    14  use as parkland the lands described in sections three, four, six  [and],
    15  nine,  and  ten  of  this  act and establish temporary easements on such
    16  lands for the purpose of constructing a subsurface sewer main.  Authori-
    17  zation  for  the  temporary easements described in sections three, four,
    18  six, [and] nine, and ten of this act shall cease upon the completion  of
    19  the  construction  of  such  sewer main, at which time the department of
    20  environmental conservation shall restore the surface  of  the  parklands
    21  disturbed  and the parklands shall continue to be used for park purposes
    22  as they were prior to the establishment  of  such  temporary  easements.
    23  Authorization  for the permanent easements described in sections [four,]
    24  five, seven, eight, [ten] and eleven of this act shall require that  the
    25  department  of  environmental  conservation  restore  the surface of the
    26  parklands disturbed and the parklands shall continue to be used for park
    27  purposes as they were prior to the establishment of the permanent  ease-
    28  ments.
    29    §  2.  The  authorization provided in section one of this act shall be
    30  effective only upon the condition that the county of Nassau dedicate  an
    31  amount  equal  to or greater than the fair market value of the parklands
    32  being discontinued to the acquisition of new  parklands  and/or  capital
    33  improvements to existing park and recreational facilities.
    34    §  3.  TEMPORARY EASEMENT - Force main shaft construction area.  Park-
    35  land upon and under which a temporary easement may be established pursu-
    36  ant to subdivision (b) of section one of this act is  described  as  all
    37  that  certain  plot, piece or parcel of land with buildings and improve-
    38  ments thereon erected, situate, lying and being  located  at  Bay  Park,
    39  Town  of  Hempstead,  County  of Nassau and State of New York being more
    40  particularly bounded and described as follows: beginning at a  point  on
    41  the northerly line of the Nassau County Sewage Treatment Plant property,
    42  said Point of Beginning being South [68°00'] 68°06'12" East, as measured
    43  along  northerly  line of said sewage treatment plant, [543] 535.50 feet
    44  plus or minus, from the intersection of the northerly line Nassau County
    45  Sewage Treatment Plant with the westerly side of Compton Street; running
    46  thence South [68°00'] 68°06'12" East, along the northerly line  of  said
    47  sewage  treatment  plant,  [247] 249.60 feet plus or minus; thence South
    48  [07°04'] 07°20'58" West [196] 198.58 feet plus or  minus;  thence  North
    49  [78°37']  78°30'32"  West  [33]  35.88  feet plus or minus; thence North
    50  [06°10'] 06°10'23" East [105] 89.20 feet plus  or  minus;  thence  North
    51  [30°53']  33°17'21"  West  [56]  78.28  feet plus or minus; thence North
    52  [64°27'] 66°13'52" West [190] 173.72 feet plus or  minus;  thence  North
    53  [20°21']  19°56'50" East [49] 62.50 feet plus or minus, to the northerly
    54  line of the Nassau County Sewage Treatment Plant, at the Point of Begin-

        S. 2508--C                          8                         A. 3008--C
 
     1  ning. Containing within said bounds [19,700] 23,089 square feet plus  or
     2  minus. The above described temporary easement is for the construction of
     3  a  [thirty-foot]  fifty-foot diameter access shaft. The location of said
     4  temporary access shaft is more particularly described in section four of
     5  this  act.  Said parcel being part of property designated as Section: 42
     6  Block:  A Lots: 50, 57 on the Nassau County Land and Tax Map.
     7    § 4. [PERMANENT SUBSURFACE] TEMPORARY EASEMENT - Access  shaft.  Park-
     8  land upon and under which a [permanent] temporary easement may be estab-
     9  lished  pursuant  to subdivision [(a)] (b) of section one of this act is
    10  described as all that certain plot, piece or parcel of land with  build-
    11  ings  and improvements thereon erected, situate, lying and being located
    12  at Bay Park, Town of Hempstead, County of Nassau and State of  New  York
    13  being  more  particularly  bounded  and described as follows: a circular
    14  easement with a radius of [15] 25 feet, the center of said circle  being
    15  the  following  three (3) courses from the intersection of the northerly
    16  line of the Nassau County Sewage Treatment Plant with the westerly  side
    17  of Compton Street: [running thence] South [68°00'] 68°06'12" East, along
    18  the  northerly  line  of  said sewage treatment plant, [581] 573.10 feet
    19  plus or minus to the centerline of the permanent easement  for  a  force
    20  main  described  in  section  five  of  this  act; thence South [21°34']
    21  22°24'56" West, along said centerline, [17] 19.74 feet  plus  or  minus;
    22  thence  South [14°28'] 22°24'56" West, [continuing] along the production
    23  of said centerline, [1,439] 5.25 feet [plus or minus], to the center  of
    24  the  herein  described  circular  easement. Containing within said bound
    25  [707] 1,963 square feet plus or minus.  Said [permanent] temporary ease-
    26  ment is for the construction of an access shaft that  extends  from  the
    27  surface of the ground to an approximate depth of 70 feet. [Any permanent
    28  surface  improvements  for  cathodic  protection, if necessary, would be
    29  flush with the ground surface or integrated into site landscaping.] Said
    30  parcel being part of property designated as Section: 42 Block:  A  Lots:
    31  50, 57 on the Nassau County Land and Tax Map.
    32    §  5.  PERMANENT [SUBSURFACE] EASEMENT - Force main. Parkland upon and
    33  under which a permanent easement may be established pursuant to subdivi-
    34  sion (a) of section one of this act is described  as  all  that  certain
    35  plot,  piece  or  parcel of land with buildings and improvements thereon
    36  erected, situate, lying and being located at Bay  Park,  Town  of  Hemp-
    37  stead, County of Nassau and State of New York being a 20-foot wide strip
    38  of land more particularly bounded and described as follows:  [beginning]
    39  Beginning  at  a point on the northerly line of the Nassau County Sewage
    40  Treatment Plant property, said Point of Beginning being  South  [68°00']
    41  68°06'12"  East,  as measured along northerly line of said sewage treat-
    42  ment plant, [571] 563.10 feet plus or minus, from  the  intersection  of
    43  the northerly line Nassau County Sewage Treatment Plant with the wester-
    44  ly side of Compton Street; running thence South [68°00'] 68°06'12" East,
    45  along the northerly line of said sewage treatment plant, 20.00 feet plus
    46  or  minus;  thence South [21°34'] 22°24'56" West [17] 19.15 feet plus or
    47  minus; thence South [14°28'] 14°35'11" West [1,463] 1446.44 feet plus or
    48  minus; thence North [75°32'] 75°24'49" West 20.00 feet  plus  or  minus;
    49  thence North [14°28'] 14°35'11" East [1,464] 1447.81 feet plus or minus;
    50  thence  North  [21°34'] 22°24'56" East [18] 20.34 feet plus or minus, to
    51  the northerly line of the Nassau County Sewage Treatment Plant,  at  the
    52  Point of Beginning. Containing within said bounds [29,600] 29,337 square
    53  feet. The above described permanent easement is for the construction and
    54  operation  of  a  six-foot  diameter  force  main  at a minimum depth of
    55  fifteen feet below the ground surface. Said parcel being part of proper-

        S. 2508--C                          9                         A. 3008--C
 
     1  ty designated as Section: 42 Block: A Lots: 50, 57 on the Nassau  County
     2  Land and Tax Map.
     3    §  6.  TEMPORARY EASEMENT - Force main shaft construction area.  Park-
     4  land upon and under which a temporary easement may be established pursu-
     5  ant to subdivision (b) of section one of this act is  described  as  all
     6  that  certain  plot, piece or parcel of land with buildings and improve-
     7  ments thereon erected, situate, lying and being located at the hamlet of
     8  Wantagh, Town of Hempstead, County of Nassau and State of New York being
     9  more particularly bounded and described as follows: beginning at a point
    10  on the northwesterly line of the herein described temporary easement for
    11  the force main shaft construction area, said Point  of  Beginning  being
    12  [more  particularly described as commencing at the] North 44°03'41" East
    13  50.26 feet plus or minus, from the intersection of the  [southerly  side
    14  of Sunrise Highway Street] northerly line of lands licensed to the Coun-
    15  ty  of  Nassau, as described in deed dated December 5, 1977, recorded on
    16  January 13, 1978, at the Nassau County Clerk's Office in Liber  9088  of
    17  Deeds  at  page  567,  and as shown on map entitled Department of Public
    18  Works Nassau County, N.Y., Map Showing Lands under the  Jurisdiction  of
    19  the  Long  Island  State  Park  Commission  in  Wantagh State Park to be
    20  Licensed to the County of Nassau for Park and Recreational  Purposes  in
    21  the Vicinity of Wantagh, Town of Hempstead, dated September 1976, and on
    22  file  at  the  New  York  State Office of Parks, Recreation and Historic
    23  Preservation as Map No. 21R-1860-1, with the southeasterly side of Lake-
    24  view Road, formerly known as Old Mill Road; running  thence  [southerly]
    25  along  the  southeasterly side of Lakeview Road [243 feet plus or minus,
    26  to the centerline of the], North 44°03'41"  East  237.63  feet  plus  or
    27  minus;  thence  South  50°48'50"  East  70.10 feet plus or minus; thence
    28  partly through the aforementioned lands licensed to the County of Nassau
    29  by the State of New York (Long Island State  Park  Commission),    South
    30  43°39'59"  West  239.51  feet;  thence  partially  through  a  permanent
    31  [subsurface] drainage easement [for  force  main  described  in  section
    32  eight  of  this act; thence South 60°06' East, along said centerline, 25
    33  feet plus or minus, to the northwesterly line of the temporary easement]
    34  granted from the City of New York to the County of Nassau, as  shown  on
    35  Map  of  Real  Property  to  be  Acquired  for  the  [force  main  shaft
    36  construction area] Improvement of Bellmore Creek from Wilson  Avenue  to
    37  Lakeview  Road,  Filed  February  8,  1979, at the Nassau County Clerk's
    38  Office as Map No. H-1841, and also through the  aforementioned  licensed
    39  lands,  North 49°12'28" West 71.62 feet plus or minus; to the southeast-
    40  erly side of Lakeview Road, at the Point of Beginning.  [Running  thence
    41  North  39°06'  East  111 feet plus or minus; thence South 55°47' East 70
    42  feet plus or minus; thence South 38°42' West 240  feet  plus  or  minus;
    43  thence North 54°11' West 72 feet plus or minus; thence North 39°06' East
    44  127  feet  plus  or minus, to the Point of Beginning.] Containing within
    45  said bounds [16,900]  16,864  square  feet  plus  or  minus.  The  above
    46  described  temporary easement is for the construction of a [thirty-foot]
    47  forty-four-foot diameter permanent access shaft. The  location  of  said
    48  permanent  access  shaft is more particularly described in section seven
    49  of this act.  Said parcel being part of property designated as  Section:
    50  56 Block: Y Lot: 259 on the Nassau County Land and Tax Map.
    51    § 7. PERMANENT [SUBSURFACE] EASEMENT - Access shaft. Parkland upon and
    52  under which a permanent easement may be established pursuant to subdivi-
    53  sion  (a)  of  section  one of this act is described as all that certain
    54  plot, piece or parcel of land with buildings  and  improvements  thereon
    55  erected,  situate, lying and being located at Hamlet of Wantagh, Town of
    56  Hempstead, County of Nassau and State of New York being more particular-

        S. 2508--C                         10                         A. 3008--C
 
     1  ly bounded and described as follows: [a circular easement with a  radius
     2  of  15 feet,] Beginning at a point on the [center] of southeasterly side
     3  of Lakeview Road, said [circle] Point of Beginning being [the  following
     4  two  (2)  courses]  North 44°03'41" East 170.39 feet plus or minus, from
     5  the intersection of the [southerly side of  Sunrise  Highway]  northerly
     6  line  of  lands  licensed  to the County of Nassau, as described in deed
     7  dated December 5, 1977, recorded on January  13,  1978,  at  the  Nassau
     8  County  Clerk's  Office in Liber 9088 of Deeds at page 567, and as shown
     9  on map entitled Department of Public  Works  Nassau  County,  N.Y.,  Map
    10  Showing  Lands  under  the  Jurisdiction  of  the Long Island State Park
    11  Commission in Wantagh State Park to be Licensed to the County of  Nassau
    12  for  Park  and Recreational Purposes in the Vicinity of Wantagh, Town of
    13  Hempstead, dated September 1976, and on  file  at  the  New  York  State
    14  Office  of  Parks,  Recreation  and  Historic  Preservation  as  Map No.
    15  21R-1860-1, with the southeasterly side of Lakeview Road[:   Southerly],
    16  formerly known as Old Mill Road; running thence, along the southeasterly
    17  side  of Lakeview Road [243 feet plus or minus, to the centerline of the
    18  permanent subsurface easement for force main, described in section eight
    19  of this act; South  60°06'  East,  along  said  centerline,  51],  North
    20  44°03'41"  East  25.04  feet plus or minus, to the [center of the herein
    21  described circular easement.] beginning of a non-tangent  curve;  thence
    22  111.59  feet  plus or minus along said non-tangent circular curve to the
    23  right that has a radius of 22.00 feet, subtends an angle of  290°37'31",
    24  and has a chord that bears South 44°03'41" West 25.04 feet, to the Point
    25  of  Beginning.  Containing  within  said  bounds a surface area of [707]
    26  1,454 square feet plus or minus.  Said  permanent  easement  is  for  an
    27  access  shaft that extends from the surface of the ground to an approxi-
    28  mate depth of 70 feet.   The permanent  easement  allows  vehicular  and
    29  personnel access to the shaft and within the shaft for inspection, main-
    30  tenance,  repair  and reconstruction. Any permanent surface improvements
    31  for a manhole or for cathodic protection, if necessary, would  be  flush
    32  with the ground surface or integrated into site landscaping. Said parcel
    33  being  part  of  property designated as Section: 56 Block: Y Lot: 259 on
    34  the Nassau County Land and Tax Map.
    35    § 8. PERMANENT SUBSURFACE EASEMENT - Force  main.  Parkland  upon  and
    36  under which a permanent easement may be established pursuant to subdivi-
    37  sion  (a)  of  section  one of this act is described as all that certain
    38  plot, piece or parcel of land with buildings  and  improvements  thereon
    39  erected, situate, lying and being located at the Hamlet of Wantagh, Town
    40  of  Hempstead,  County  of  Nassau and State of New York being a 20-foot
    41  wide strip of land more particularly bounded and described  as  follows:
    42  [beginning  at  a point on the southeasterly side of Lakeview Road, said
    43  Point of Beginning being southwesterly 222 feet plus or minus, as  meas-
    44  ured along the southeasterly side of Lakeview Road from the intersection
    45  of  the southerly side of Sunrise Highway with the southeasterly side of
    46  Lakeview Road; thence South 60°06' East 49 feet plus  or  minus;  thence
    47  South  32°15' East 1,759 feet plus or minus; thence South 16°16' West 53
    48  feet plus or minus; thence North 32°15' West 1,785 feet plus  or  minus;
    49  thence  North  60°06'  West  53 feet plus or minus, to the southeasterly
    50  side of Lakeview Road; thence North 48°13' East, along the southeasterly
    51  side of Lakeview Road, 42 feet plus or minus, to the Point of Beginning.
    52  Containing within said bounds 72,900 square feet plus or minus.]  Begin-
    53  ning  at  the  intersection  of  the southerly side of the Wantagh State
    54  Parkway, also being the same as the southerly line of a permanent  ease-
    55  ment  granted  by  the State of New York (Long Island State Park Commis-
    56  sion) to the Town of Hempstead for Highway purposes shown as Parcel E on

        S. 2508--C                         11                         A. 3008--C
 
     1  Map No. 21R-1651, dated September 30, 1935 and on file at the  New  York
     2  State  Office  of  Parks, Recreation and Historic Preservation, with the
     3  easterly side of Linden Street, also being the westerly side of  Wantagh
     4  State  Parkway;  running  thence South 87°54'31" West 16.42 feet plus or
     5  minus, along the southerly side of the  Wantagh  State  Parkway;  thence
     6  through  the  aforementioned  easement, North 49°40'30" West 172.07 feet
     7  plus or minus; thence partially through lands licensed to the County  of
     8  Nassau  by the State of New York (Long Island State Park Commission), as
     9  described in deed dated December 5, 1977, recorded on January 13,  1978,
    10  at  the Nassau County Clerk's Office in Liber 9088 of Deeds at page 567,
    11  also as shown on map entitled Department of Public Works Nassau  County,
    12  N.Y.,  Map Showing Lands under the Jurisdiction of the Long Island State
    13  Park Commission in Wantagh State Park to be Licensed to  the  County  of
    14  Nassau  for  Park  and Recreational Purposes in the Vicinity of Wantagh,
    15  Town of Hempstead, dated September 1976, and on file  at  the  New  York
    16  State  Office  of Parks, Recreation and Historic Preservation as Map No.
    17  21R-1860-1, North 32°14'44" West 1,935.06 feet; thence  North  60°00'15"
    18  West  18.68  feet  plus  or minus, to the southeasterly side of Lakeview
    19  Road; thence along  the  southeasterly  side  of  Lakeview  Road,  North
    20  44°03'41"  East  20.62  feet  plus or minus; thence South 60°00'15" East
    21  18.61 feet plus or minus; thence  through  the  aforementioned  licensed
    22  lands,  South  32°14'44" East 1,936.94 feet; thence South 49°40'30" East
    23  294.48 feet plus or minus, to the westerly side  of  the  Wantagh  State
    24  Parkway,  also  being  the  same  as the easterly side of Linden Street;
    25  thence northwesterly along the westerly side of the Wantagh State  Park-
    26  way,  being also the easterly side of Linden Street, 113.74 feet plus or
    27  minus along the arc of a non-tangent curve, bearing to the left,  having
    28  a  radius  of  1,233.00', a chord that bears North 54°10'34" West 113.70
    29  feet plus or minus, to the southerly side of the Wantagh State  Parkway,
    30  at  the Point of Beginning.  Containing within said bounds 43,088 square
    31  feet plus or minus. The above described permanent easement  is  for  the
    32  construction  and operation of a six-foot diameter force main at a mini-
    33  mum depth of fifteen feet below the ground surface.  Said  parcel  being
    34  part  of  property  designated  as Section: 56 Block: Y Lots: 259 on the
    35  Nassau County Land and Tax Map.
    36    § 9. TEMPORARY EASEMENT - Force main shaft construction area.    Park-
    37  land upon and under which a temporary easement may be established pursu-
    38  ant  to  subdivision  (b) of section one of this act is described as all
    39  that certain plot, piece or parcel of land with buildings  and  improve-
    40  ments thereon erected, situate, lying and being located at the hamlet of
    41  Wantagh, Town of Hempstead, County of Nassau and State of New York being
    42  more  particularly  bounded and described as follows: [beginning] Begin-
    43  ning at a point on the northerly line of the herein described  temporary
    44  easement  for  [the  force main shaft] construction [area] staging, said
    45  Point of Beginning being more particularly described  as  commencing  at
    46  the intersection of the southerly side of Byron Street with the easterly
    47  side  of  Wantagh  Parkway;  running  thence [southerly] South 02°05'40"
    48  East, along the easterly side of Wantagh Parkway [319], 392.77 feet plus
    49  or minus, to the centerline of the  permanent  subsurface  easement  for
    50  force  main,  described  in  section  eleven  of  this act; thence South
    51  [19°15'] 19°14'42" East, along said centerline, [257] 166.40  feet  plus
    52  or minus, to the northerly line of the temporary easement for [the force
    53  main  shaft]  construction  [area]  staging,  at the Point of Beginning.
    54  Running thence North [87°25'] 87°24'47" East 122.41 feet plus or  minus;
    55  thence  [south  33°56']  South  33°56'04"  East  [68] 67.89 feet plus or
    56  minus; thence South [04°43'] 04°43'16  East  [54]  53.69  feet  plus  or

        S. 2508--C                         12                         A. 3008--C
 
     1  minus;  thence  South  [86°38']  86°37'33 West 78.30 feet plus or minus;
     2  thence South [02°20'] 02°20'25 East 83.22 feet  plus  or  minus;  thence
     3  South  [47°04']  47°03'34"  West [103] 102.51 feet plus or minus; thence
     4  South  [86°22']  86°22'25"  West  [28]  27.76 feet plus or minus; thence
     5  North [08°39'] 07°01'12" West [264] 263.59 feet plus  or  minus;  thence
     6  North  [87°25']  87°24'47"  East  [53]  45.17 feet plus or minus, to the
     7  Point of Beginning. Containing within said bounds [36,500] 35,505 square
     8  feet plus or minus. The above described temporary easement  is  for  the
     9  construction  of  a [thirty-foot] forty-four-foot diameter access shaft.
    10  The location  of  said  temporary  access  shaft  is  more  particularly
    11  described in section ten of this act. Said parcel being part of property
    12  designated  as  Section:  63  Block: 261 Lots: 765G, 765H, 818A (Part of
    13  Cedar Creek Park) on the Nassau County Land and Tax Map.
    14    § 10. [PERMANENT SUBSURFACE] TEMPORARY EASEMENT - Access shaft.  Park-
    15  land upon and under which a [permanent] temporary easement may be estab-
    16  lished  pursuant  to subdivision [(a)] (b) of section one of this act is
    17  described as all that certain plot, piece or parcel of land with  build-
    18  ings  and improvements thereon erected, situate, lying and being located
    19  at Hamlet of Wantagh, Town of Hempstead, County of Nassau and  State  of
    20  New  York  being  more  particularly bounded and described as follows: a
    21  circular easement with a radius of [15] 22  feet,  the  center  of  said
    22  circle  being the following two (2) courses from the intersection of the
    23  southerly side of Byron Street with the easterly side of  Wantagh  Park-
    24  way: [Southerly] South 02°05'40" East along the easterly side of Wantagh
    25  Parkway  [319],  392.77  feet  plus  or  minus, to the centerline of the
    26  permanent subsurface easement for force main, described in section elev-
    27  en of this act; thence South [19°15'] 19°14'42" East, along said center-
    28  line, [315] 224.60 feet plus or minus,  to  the  center  of  the  herein
    29  described  circular  easement.  Containing  within said bounds a surface
    30  area of [707] 1,521 square feet plus or minus. Said  [permanent]  tempo-
    31  rary  easement  is  for the construction of an access shaft that extends
    32  from the surface of the ground to an approximate depth of 70 feet.  [Any
    33  permanent  surface  improvements  for cathodic protection, if necessary,
    34  would be flush with the ground surface or integrated into site landscap-
    35  ing.] Said parcel being part  of  property  designated  as  Section:  63
    36  Block:  261  Lots:  765G,  765H,  818A (Part of Cedar Creek Park) on the
    37  Nassau County Land and Tax Map.
    38    § 11. PERMANENT SUBSURFACE EASEMENT - Force main.  Parkland  upon  and
    39  under which a permanent easement may be established pursuant to subdivi-
    40  sion  (a)  of  section  one of this act is described as all that certain
    41  plot, piece or parcel of land with buildings  and  improvements  thereon
    42  erected, situate, lying and being located at the Hamlet of Wantagh, Town
    43  of  Hempstead,  County  of  Nassau and State of New York being a 20-foot
    44  wide strip of land more particularly bounded and described  as  follows:
    45  beginning  at a point on the easterly side of the Wantagh State Parkway,
    46  said Point of Beginning  being  [southerly  285]  South  02°05'40"  East
    47  358.86  feet  plus  or  minus[,  as  measured along the easterly side of
    48  Wantagh Parkway] from the intersection of the southerly  side  of  Byron
    49  Street  with  the easterly side of Wantagh Parkway; running thence South
    50  [19°15'] 19°14'42" East [349] 258.49 feet plus or  minus;  thence  South
    51  [02°17']  02°16'58"  East  [1,882]  1,725.93  feet plus or minus; thence
    52  [South 09°25' East 1,202]  southwesterly  43.40  feet  plus  or  minus[;
    53  thence South 80°35'] along the arc of a curve to the left having a radi-
    54  us of 1,075.00 feet and a chord that bears South 25°09'48" West [20 feet
    55  plus or minus; thence North 09°25' West 1,203] 43.39 feet plus or minus;
    56  thence  North  [02°17']  02°16'58"  West  [1,880]  1,761.45 feet plus or

        S. 2508--C                         13                         A. 3008--C
 
     1  minus; thence North [19°15'] 19°14'42" West [281] 190.70  feet  plus  or
     2  minus,  to  the  easterly side of Wantagh Parkway; thence North [02°09']
     3  02°05'40" West, along the easterly side of Wantagh Parkway,  [68]  67.82
     4  feet  plus  or  minus, to the Point of Beginning. Containing within said
     5  bounds [68,000] 39,359 square feet plus or minus.  The  above  described
     6  permanent  easement  is for the construction and operation of a six-foot
     7  diameter force main at a minimum depth of fifteen feet below the  ground
     8  surface.  Said  parcel  being part of property designated as Section: 63
     9  Block: 261 Lots: 765G, 818A (Part of Cedar Creek  Park)  on  the  Nassau
    10  County Land and Tax Map.
    11    §  12.    Should  the lands described in sections [four,] five, seven,
    12  eight, [ten] and eleven of this act cease to be used  for  the  purposes
    13  described  in  section  one  of this act, the permanent easements estab-
    14  lished pursuant to section one of this act shall cease  and  such  lands
    15  shall be restored and dedicated as parklands.
    16    §  13.    In  the event that the county of Nassau received any funding
    17  support or assistance from the  federal  government  for  the  purchase,
    18  maintenance, or improvement of the parklands set forth in sections three
    19  through  eleven  of  this act, the discontinuance and alienation of such
    20  parklands authorized by the provisions of this act shall not occur until
    21  the county of Nassau has complied with any applicable  federal  require-
    22  ments pertaining to the alienation or conversion of parklands, including
    23  satisfying  the secretary of the interior that the alienation or conver-
    24  sion complies with all conditions which the secretary  of  the  interior
    25  deems  necessary  to  assure  the  substitution  of other lands shall be
    26  equivalent in fair market value and usefulness to the lands being alien-
    27  ated or converted.
    28    § 14. This act shall take effect immediately.
 
    29                                  SUBPART B
 
    30    Section 1. Subject to the provisions of this act, the village of  East
    31  Rockaway,  in  the  county  of Nassau, acting by and through the village
    32  board of such village, is hereby authorized to  (a)  discontinue  perma-
    33  nently  the  use  as parkland the subsurface lands described in sections
    34  four and five of this act and to grant permanent easements on such lands
    35  to the State of New  York  or  county  of  Nassau  for  the  purpose  of
    36  constructing,  operating,  maintaining  and repairing a subsurface sewer
    37  main, and (b) discontinue temporarily the  use  as  parkland  the  lands
    38  described  in  section  three  this act and grant temporary easements on
    39  such lands to the county of Nassau for the  purpose  of  constructing  a
    40  subsurface  sewer  main.    Authorization  for  the  temporary  easement
    41  described in section three of this act shall cease upon  the  completion
    42  of  the  construction of the sewer main, at which time the department of
    43  environmental conservation shall restore the surface  of  the  parklands
    44  disturbed  and the parklands shall continue to be used for park purposes
    45  as they were prior to the grant of the temporary easement. Authorization
    46  for the permanent easements described in sections four and five of  this
    47  act  shall  require  that  the  department of environmental conservation
    48  restore the surface of the parklands disturbed and the  parklands  shall
    49  continue  to  be used for park purposes as they were prior to the estab-
    50  lishment of the permanent easements.
    51    § 2. The authorization provided in section one of this  act  shall  be
    52  effective  only  upon  the  condition  that the village of East Rockaway
    53  dedicate an amount equal to or greater than the fair market value of the

        S. 2508--C                         14                         A. 3008--C
 
     1  parklands being discontinued to the acquisition of new parklands  and/or
     2  capital improvements to existing park and recreational facilities.
     3    §  3.  TEMPORARY EASEMENT - Force Main Shaft Construction Area.  Park-
     4  land upon and under which a temporary easement may be  granted  pursuant
     5  to  subdivision  (b) of section one of this act is described as follows:
     6  all that certain plot, piece  or  parcel  of  land  with  buildings  and
     7  improvements thereon erected, situate, lying and being located at Incor-
     8  porated  Village  of East Rockaway, and the Hamlet of Oceanside, Town of
     9  Hempstead, County of Nassau and State of New York being more particular-
    10  ly bounded and described as follows:  [beginning] Beginning at  a  point
    11  on  the westerly line of the herein described temporary easement for the
    12  force main shaft construction area, said Point of Beginning  being  more
    13  particularly  described  as  commencing  at  the  [intersection  of  the
    14  northeasterly side of Long Island Railroad right-of-way with the easter-
    15  ly side of Ocean Avenue; running thence North  12°34'  East,  along  the
    16  easterly  side  of Ocean Avenue, 92 feet plus or minus, to the northerly
    17  line] northeast corner of property [designated as Section 38 Block E Lot
    18  14, on the] described in deed dated September  16,  1964  from  Mary  T.
    19  Caretto to The Incorporated Village of East Rockaway, recorded September
    20  18,  1964  at  the  Nassau  County [Land and Tax Map;] Clerk's Office in
    21  Liber 7317 of Deeds at page 494, running thence South [74°46'] 76°23'40"
    22  East, [partly along said northerly line, 206] on the northerly  property
    23  line  produced,  of  property described in the aforesaid Liber 7317 page
    24  494, a distance of 53.41 feet plus or minus, to the westerly line of the
    25  herein described  temporary  easement[,]  at  the  Point  of  Beginning.
    26  Running  thence  North  [15°34']  14°03'08" East [49] 42.21 feet plus or
    27  minus; thence South [67°33'] 67°25'43" East [238] 237.47  feet  plus  or
    28  minus;  thence  South  [07°07']  04°13'09"  West [31] 35.58 feet plus or
    29  minus; thence South [86°06'] 86°58'21" West [161] 165.83  feet  plus  or
    30  minus;  thence  South [64°59'] 64°59'21" West [117] 106.15 feet [plus or
    31  minus]; thence North [15°34'] 14°03'08" East [140] 143.63 feet  plus  or
    32  minus,  to  the  Point  of  Beginning.    Containing  within said bounds
    33  [23,000] 23,103 square feet plus or minus. The above described temporary
    34  easement is for the  construction  of  a  [thirty-foot]  forty-four-foot
    35  diameter  access  shaft.  The location of said permanent access shaft is
    36  more particularly described in section four of  this  act.  Said  parcel
    37  being  part  of  property designated as Section: 38, Block: E, Lots: 12,
    38  14, 21A, 21B on the Nassau County Land and Tax Map.
    39    § 4. PERMANENT [SUBSURFACE] EASEMENT - Access Shaft. Parkland upon and
    40  under which a permanent easement may be granted pursuant to  subdivision
    41  (a)  of  section  one of this act is described as all that certain plot,
    42  piece or parcel of land with buildings and improvements thereon erected,
    43  situate, lying and being located at Incorporated Village of East  Rocka-
    44  way,  and  the  Hamlet of Oceanside, Town of Hempstead, County of Nassau
    45  and State of New York being more particularly bounded and  described  as
    46  follows:  a  circular easement with a radius of [15] 22 feet, the center
    47  of said circle being the following [three (3)] two (2) courses from  the
    48  [intersection  of  the northeasterly side of Long Island Railroad right-
    49  of-way with the easterly side of Ocean Avenue; North 12°34' East,  along
    50  the  easterly side of Ocean Avenue, 92 feet plus or minus, to the north-
    51  erly line] northeast corner of property [designated as Section 38  Block
    52  E Lot 14 on the] described in deed dated September 16, 1964 from Mary T.
    53  Caretto to The Incorporated Village of East Rockaway, recorded September
    54  18, 1964 at the Nassau County [Land and Tax Map] Clerk's Office in Liber
    55  7317 of Deeds at page 494; South [74°46'] 76°23'40" East, [partly along]
    56  on  the  [said]  northerly  property  line[,  333] produced, of property

        S. 2508--C                         15                         A. 3008--C
 
     1  described in the aforesaid Liber 7317 page 494,  a  distance  of  185.51
     2  feet  plus  or  minus[,];  to the centerline of the permanent subsurface
     3  easement for force main, described in  section  five  this  act;  thence
     4  [South   19°04'  West,]  along  said  easement  centerline[,  16]  South
     5  19°04'18" West 22.47 feet plus or minus, to the  center  of  the  herein
     6  described  circular  easement.  Containing  within said bounds a surface
     7  area of [707] 1,521 square feet plus or minus. Said  permanent  easement
     8  is for an access shaft that extends from the surface of the ground to an
     9  approximate  depth  of 70 feet.  The permanent easement allows vehicular
    10  and personnel access to the shaft and within the shaft  for  inspection,
    11  maintenance,  repair  and reconstruction. Any permanent surface improve-
    12  ments for a manhole or for cathodic protection, if necessary,  would  be
    13  flush  with the ground surface or integrated into site landscaping. Said
    14  parcel being part of property designated as Section: 38, Block: E, Lots:
    15  12, 14, 21A, 21B on the Nassau County Land and Tax Map.
    16    § 5. PERMANENT SUBSURFACE EASEMENT - Force  Main.  Parkland  upon  and
    17  under  which a permanent easement may be granted pursuant to subdivision
    18  (a) of section one of this act is described as all  that  certain  plot,
    19  piece or parcel of land with buildings and improvements thereon erected,
    20  situate,  lying and being located at Incorporated Village of East Rocka-
    21  way, and the Hamlet of Oceanside, County of Nassau and State of New York
    22  being a 20-foot  wide  strip  of  land  more  particularly  bounded  and
    23  described  as  follows: [beginning] Beginning at a point on the westerly
    24  line of the herein described permanent subsurface easement,  said  Point
    25  of  Beginning  being  more  particularly  described as commencing at the
    26  [intersection of the northeasterly side of Long Island  Railroad  right-
    27  of-way  with  the  easterly  side  of Ocean Avenue; running thence North
    28  12°34' East, along the easterly side of Ocean Avenue, 92  feet  plus  or
    29  minus,  to  the northerly line] northeast corner of property [designated
    30  as Section 38 Block E Lot 14 on the] described in deed  dated  September
    31  16, 1964 from Mary T. Caretto to The Incorporated Village of East Rocka-
    32  way, recorded September 18, 1964 at the Nassau County [Land and Tax Map;
    33  thence]  Clerk's  Office  in  Liber  7317  of Deeds at page 494; running
    34  thence South [74°46'] 76°23'40"  East,  [partly  along]  on  the  [said]
    35  northerly  property  line[,  323] produced, of property described in the
    36  aforesaid Liber 7317 page 494, a distance of 175.47 feet plus or  minus,
    37  to  the westerly line of the herein described permanent easement, at the
    38  Point of Beginning.  Running thence North [19°04'] 19°04'18"  East  [73]
    39  31.11  feet plus or minus, to the [northerly line of property designated
    40  as Section 38 Block E Lot 21A on the Nassau County  Land  and  Tax  Map]
    41  southerly  side  of  Mill  River;  thence South [60°10'] 67°42'35" East,
    42  along [said northerly line] the southerly side of Mill River, [20] 20.03
    43  feet plus or minus; thence South [19°04'] 19°04'18" West [82] 48.37 feet
    44  plus or minus; thence South [15°40'] 15°40'03"  East  [116]  55.00  feet
    45  plus  or  minus,  to the [south line] northerly side of [property desig-
    46  nated as Section 38 Block E Lot 21A on the Nassau County  Land  and  Tax
    47  Map]  Mill  River;  thence North [88°09'] 84°40'35" West [21], along the
    48  northerly side of Mill River, 20.33 feet plus  or  minus;  thence  North
    49  [15°40']  15°40'03"  West  [116]  57.60 feet plus or minus; thence North
    50  [19°04'] 19°04'18" East [19] 24.64 feet plus or minus, to the  Point  of
    51  Beginning.  Containing within said bounds [4,100] 2,167 square feet plus
    52  or minus. The above described permanent easement is for the construction
    53  and operation of a six-foot diameter force main at a  minimum  depth  of
    54  fifteen feet below the ground surface. Said parcel being part of proper-
    55  ty  designated  as  Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the
    56  Nassau County Land and Tax Map.

        S. 2508--C                         16                         A. 3008--C

     1    § 6. Should the lands described in sections four and five of this  act
     2  cease  to be used for the purposes described in section one of this act,
     3  the permanent easements established pursuant to section one of this  act
     4  shall cease and such lands shall be restored and dedicated as parklands.
     5    § 7. In the event that the village of East Rockaway received any fund-
     6  ing  support or assistance from the federal government for the purchase,
     7  maintenance, or improvement of the parklands set forth in sections three
     8  through five of this act, the  discontinuance  and  alienation  of  such
     9  parklands authorized by the provisions of this act shall not occur until
    10  the  village  of  East Rockaway has complied with any applicable federal
    11  requirements pertaining to the alienation or  conversion  of  parklands,
    12  including  satisfying  the secretary of the interior that the alienation
    13  or conversion complies with all conditions which the  secretary  of  the
    14  interior deems necessary to assure the substitution of other lands shall
    15  be  equivalent  in  fair  market value and usefulness to the lands being
    16  alienated or converted.
    17    § 8. This act shall take effect immediately.
 
    18                                  SUBPART C
 
    19    Section 1. Subject to the provisions of this act, the village of Rock-
    20  ville Centre, in the county of Nassau, acting by and through the village
    21  board of such village, is hereby authorized to  (a)  discontinue  perma-
    22  nently  the use as parkland the [subsurface] lands described in sections
    23  three[, four] and six of this act and to grant  permanent  easements  on
    24  such  lands to the State of New York or county of Nassau for the purpose
    25  of constructing, operating, maintaining and repairing a subsurface sewer
    26  main, and (b) discontinue temporarily the  use  as  parkland  the  lands
    27  described in sections four, five, and seven of this act and grant tempo-
    28  rary  easements on such lands to the county of Nassau for the purpose of
    29  constructing a subsurface sewer main.  Authorization for  the  temporary
    30  easements  described in sections four, five, and seven of this act shall
    31  cease upon the completion of the construction  of  the  sewer  main,  at
    32  which  time  the  department of environmental conservation shall restore
    33  the surface of the parklands disturbed and the parklands shall  continue
    34  to  be  used  for  park  purposes as they were prior to the grant of the
    35  temporary easements. Authorization for the permanent easements described
    36  in sections three[, four] and six of this act  shall  require  that  the
    37  department  of  environmental  conservation  restore  the surface of the
    38  parklands disturbed and the parklands shall continue to be used for park
    39  purposes as they were prior to the establishment of the permanent  ease-
    40  ments.
    41    §  2.  The  authorization provided in section one of this act shall be
    42  effective only upon the condition that the village of  Rockville  Centre
    43  dedicate an amount equal to or greater than the fair market value of the
    44  parklands  being discontinued to the acquisition of new parklands and/or
    45  capital improvements to existing park and recreational facilities.
    46    § 3. PERMANENT SUBSURFACE EASEMENT - Force  Main.  Parkland  upon  and
    47  under which a permanent easement may be established pursuant to subdivi-
    48  sion  (a)  of  section  one of this act is described as all that certain
    49  plot, piece or parcel of land with buildings  and  improvements  thereon
    50  erected,  situate,  lying  and  being located at Incorporated Village of
    51  East Rockaway, and the Incorporated Village of Rockville Centre, Town of
    52  Hempstead, County of Nassau and State of New York, being a 20-foot  wide
    53  strip  of land more particularly bounded and described as follows: [the]
    54  Beginning at a point on the northerly side of Mill  River  Avenue,  said

        S. 2508--C                         17                         A. 3008--C
 
     1  Point  of  Beginning  being [at] South 74°20'24" East, as measured along
     2  the northerly side of Mill River Avenue, 60.73 feet plus or  minus  from
     3  the  intersection  of  the  northerly side of Mill River Avenue with the
     4  easterly  side  of  Riverside  Road; running thence [northerly along the
     5  easterly side of Riverside Road 346 feet plus  or  minus;  thence  South
     6  13°01'  West 346] North 10°26'55" East 461.31 feet plus or minus, to the
     7  [northerly] southerly side of [Mill River]  South  Park  Avenue;  thence
     8  [westerly]  along  the  [northerly] southerly side of [Mill River] South
     9  Park Avenue, [17] South 79°11'54" East 20.00 feet plus or minus,  thence
    10  South 10°26'55" West 463.01 feet plus or minus, to the [easterly side of
    11  Riverside  Road,  at]  northerly side of Mill River Avenue, thence along
    12  the northerly side of Mill River Avenue, North 74°20'24" West 20.08 feet
    13  plus or minus, to the Point of Beginning. Containing within said  bounds
    14  [3,100]  9,243  square feet plus or minus. The above described permanent
    15  easement is for the construction and operation of  a  six-foot  diameter
    16  force  main at a minimum depth of fifteen feet below the ground surface.
    17  Said parcel being part of property designated as Section: 38 Block:  136
    18  Lots: 231 on the Nassau County Land and Tax Map.
    19    § 4.[PERMANENT SUBSURFACE] TEMPORARY EASEMENT - Access Shaft. Parkland
    20  upon and under which a [permanent] temporary easement may be established
    21  pursuant  to  subdivision  [(a)]  (b)  of  section  one  of  this act is
    22  described as all that certain plot, piece or parcel of land with  build-
    23  ings  and improvements thereon erected, situate, lying and being located
    24  at Incorporated Village of Rockville  Centre,  Incorporated  Village  of
    25  East  Rockaway, and Incorporated Village of Lynbrook, Town of Hempstead,
    26  County of Nassau and State of New York being more  particularly  bounded
    27  and  described as a circular easement with a radius of [15] 22 feet, the
    28  center of said circle being the  following  two  (2)  courses  from  the
    29  intersection of the northerly side of South Park Avenue with the easter-
    30  ly side of [Oxford] Chester Road: [Easterly] South 79°24'16" East, along
    31  the  northerly  side  of  South  Park  Avenue, [203] 247.33 feet plus or
    32  minus, to the centerline of the permanent subsurface easement for  force
    33  main  described  in  section  six  of this act; North [13°01'] 10°26'55"
    34  East, along said centerline, [953] 953.71 feet plus  or  minus,  to  the
    35  center  of  the  herein described circular easement.   Containing within
    36  said bounds a surface area of [707] 1,521 square  feet  plus  or  minus.
    37  Said [permanent] temporary easement is for the construction of an access
    38  shaft  that  extends  from  the  surface of the ground to an approximate
    39  depth of 70 feet.  [Any  permanent  surface  improvements  for  cathodic
    40  protection,  if  necessary,  would  be  flush with the ground surface or
    41  integrated into site landscaping.] Said parcel being  part  of  property
    42  designated  as  Section:  38  Block: F [Lots: 39-42, 50C,] Lot: 50F [and
    43  Section: 38, Block: T, Lots: 50A, 50B, 50C] on the  Nassau  County  Land
    44  and Tax Map.
    45    §  5.  TEMPORARY EASEMENT - Force Main Shaft Construction Area.  Park-
    46  land upon and under which a temporary easement may be established pursu-
    47  ant to subdivision (b) of section one of this act is  described  as  all
    48  that  certain  plot, piece or parcel of land with buildings and improve-
    49  ments thereon erected, situate, lying and being located at  Incorporated
    50  Village  of Rockville Centre, Incorporated Village of East Rockaway, and
    51  Incorporated Village of Lynbrook, Town of Hempstead,  County  of  Nassau
    52  and  State  of New York being more particularly bounded and described as
    53  follows: Beginning at a point  on  the  southerly  side  of  the  herein
    54  described  temporary  easement  for  [the force main shaft] construction
    55  [area]  staging,  said  Point  of  Beginning  being  more   particularly
    56  described  as  commencing  at  the intersection of the northerly side of

        S. 2508--C                         18                         A. 3008--C
 
     1  South Park Avenue with the  easterly  side  of  [Oxford]  Chester  Road;
     2  running thence [easterly] South 79°24'16" East, along the northerly side
     3  of South Park Avenue, [203] 247.33 feet plus or minus, to the centerline
     4  of the permanent subsurface easement for force main described in section
     5  six  of  this  act;  thence  North  [13°01']  10°26'55" East, along said
     6  centerline, [920] 920.41 feet plus or minus, to the  southerly  line  of
     7  the  temporary easement, at the Point of Beginning. Running thence North
     8  [76°19'] 76°19'09" West [136 feet plus or minus, to the easterly  termi-
     9  nus  of  Merton Avenue (unopened); thence North 76°19' West, through the
    10  unopened part of Merton Avenue, 48] 185.92 feet plus  or  minus;  thence
    11  North  [14°49']  14°49'03" East [5' feet plus or minus, to the northerly
    12  side of Merton Avenue; thence North 14°49' East 27'] 31.83 feet plus  or
    13  minus;  thence  South  [76°29']  76°28'34"  East [66] 65.98 feet plus or
    14  minus; thence North [36°47'] 36°46'43" East  [61]  60.84  feet  plus  or
    15  minus;  thence  North  [78°41'] 78°41'29" East [145] 145.19 feet plus or
    16  minus; thence South [65°54'] 65°54'19" East  [46]  45.62  feet  plus  or
    17  minus;  thence  South [29°39'] 29°38'55" West 146.71 feet plus or minus;
    18  thence North 76°19'09" West [147 feet plus or minus; thence North 76°19'
    19  West 42] 40.66 feet plus or minus, to the Point of Beginning. Containing
    20  within said bounds [22,800] 22,827 square feet plus or minus. The  above
    21  described  temporary easement is for the construction of a [thirty-foot]
    22  forty-four-foot diameter access shaft. The location  of  said  temporary
    23  access shaft is more particularly described in section four of this act.
    24  Said  parcel  being  part of property designated as Section: 38 Block: F
    25  [Lots: 39-42, 50C,] Lot: 50F and [Section: 38, Block: T, Lots: 50A, 50B,
    26  50C] part of Merton Avenue (not open) on the Nassau County Land and  Tax
    27  Map.
    28    §  6.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
    29  under which a permanent easement may be established pursuant to subdivi-
    30  sion (a) of section one of this act is described  as  all  that  certain
    31  plot,  piece  or  parcel of land with buildings and improvements thereon
    32  erected, situate, lying and being located  at  Incorporated  Village  of
    33  Rockville  Centre,  Incorporated  Village of East Rockaway, and Incorpo-
    34  rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
    35  of New York being a 20-foot wide strip of land more particularly bounded
    36  and described as follows:   [beginning] Beginning  at  a  point  on  the
    37  northerly  side  of South Park Avenue, said [Point of Beginning 193 feet
    38  plus or minus easterly, as measured] point being South  79°24'16"  East,
    39  along  the  northerly  side  of  South  Park Avenue, 237.33 feet plus or
    40  minus, from the intersection of the northerly side of South Park  Avenue
    41  with  the  easterly  side of [Oxford] Chester Road; running thence North
    42  [13°01'] 10°26'55" East [956] 956.35 feet plus or  minus;  thence  North
    43  [44°00']  40°12'27"  East  [446]  464.95  feet  plus  or  minus,  to the
    44  [northeasterly line of property designated as Section  38  Block  F  Lot
    45  50F, on the Nassau County Land and Tax Map] westerly side of Mill River;
    46  thence  [South  53°10'  East,]  along  [said northeasterly line, 20] the
    47  westerly side of  Mill  River  the  following  five  (5)  courses  South
    48  10°54'32"  East  4.49 feet plus or minus; South 08°32'16" West 6.44 feet
    49  plus or minus; South 17°55'44  West  8.24  feet  plus  or  minus;  South
    50  10°55'50"  West 4.90 feet plus or minus; South 07°44'20" West 14.16 feet
    51  plus or minus; thence South [44°00'] 40°12'27" West  [443]  427.49  feet
    52  plus  or  minus;  thence South [13°01'] 10°26'55" West [950] 951.08 feet
    53  plus or minus[,] to the northerly side  of  South  Park  Avenue;  thence
    54  North  [79°36'] 79°24'16" West, along [said] the northerly side of South
    55  Park Avenue, [20] 20.00 feet plus or minus, to the Point of  Beginning[;
    56  containing].  Containing  within said bounds [28,000] 28,014 square feet

        S. 2508--C                         19                         A. 3008--C

     1  plus or minus.  The  above  described  permanent  easement  is  for  the
     2  construction  and operation of a six-foot diameter force main at a mini-
     3  mum depth of fifteen feet below the ground surface.  Said  parcel  being
     4  part of property designated as Section: 38 Block: F [Lots:  39-42, 50C,]
     5  Lot:  50F  and Section: 38, Block: T, [Lots] Lot: 50A[, 50B, 50C] on the
     6  Nassau County Land and Tax Map.
     7    § 7. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
     8  land upon and under which a temporary easement may be established pursu-
     9  ant  to  subdivision  (b) of section one of this act is described as all
    10  that certain plot, piece or parcel of land with buildings  and  improve-
    11  ments  thereon erected, situate, lying and being located at Incorporated
    12  Village of Rockville Centre, Town of Hempstead,  County  of  Nassau  and
    13  State  of  New  York  being  more  particularly bounded and described as
    14  follows: [beginning] Beginning at a  point  on  the  northerly  side  of
    15  Sunrise  Highway  (New York State Route [27A] 27), said [Point of Begin-
    16  ning] point being distant [254] 82.57 feet [plus or minus] westerly  [as
    17  measured]  along  the northerly side of Sunrise Highway from the [inter-
    18  section of] extreme westerly and of an arc of  a  curve  connecting  the
    19  northerly side of Sunrise Highway with the westerly side of North Forest
    20  Avenue[;  running]. Running thence [North 86°15' West,] along the north-
    21  erly side of Sunrise Highway the following three (3) courses:  Southwes-
    22  terly  250.24 feet plus or minus along the arc of a curve bearing to the
    23  left having a radius of  862.00  feet  and  a  chord  that  bears  South
    24  77°03'07"  West  249.36  feet  plus  or  minus, [175 feet plus or minus;
    25  thence] South [68°26'] 68°43'30" West[, continuing along  the  northerly
    26  side  of  Sunrise Highway, 111] 161.85 feet plus or minus; Southwesterly
    27  20.44 feet plus or minus along the arc of a curve bearing to  the  right
    28  having  a  radius  of 592.00 feet and a chord that bears South 69°00'05"
    29  West 20.44 feet plus or minus;  thence  North  [14°47']  14°30'46"  West
    30  [162]  215.45  feet  plus  or minus, to the southerly side of [the] Long
    31  Island Rail Road [right-of-way]; thence [South 86°59' East,]  along  the
    32  southerly  side of the Long Island Rail Road, [479] South 87°41'41" East
    33  469.93 feet plus or minus; thence South  [01°59']  02°13'26"  West  [75]
    34  67.80  feet  plus  or minus, to the northerly side of [the travelled way
    35  of] Sunrise Highway, [then 160 feet plus or minus along  the  arc  or  a
    36  circular  curve  to  the  left that has a radius of 850 feet and a chord
    37  that bears South 80°03' West 160 feet plus or minus to] at the Point  of
    38  Beginning.    Containing  within said bounds [50,300] 57,506 square feet
    39  plus or minus. The above described temporary easement is  necessary  for
    40  the construction of temporary access to the aqueduct below Sunrise High-
    41  way  area.  Said parcel being part of property designated as Section: 38
    42  Block: 291 Lot: 17 on the Nassau County Land and Tax Map.
    43    § 8. Should the lands described in sections three[, four] and  six  of
    44  this  act  cease to be used for the purposes described in section one of
    45  this act, the permanent easements established pursuant to section one of
    46  this act shall cease and such lands shall be restored and  dedicated  as
    47  parklands.
    48    §  9.  In  the event that the village of Rockville Centre received any
    49  funding support or  assistance  from  the  federal  government  for  the
    50  purchase,  maintenance,  or  improvement  of  the parklands set forth in
    51  sections three through seven of this act, the discontinuance and  alien-
    52  ation  of  such parklands authorized by the provisions of this act shall
    53  not occur until the village of Rockville Centre has  complied  with  any
    54  applicable  federal requirements pertaining to the alienation or conver-
    55  sion of parklands, including satisfying the secretary  of  the  interior
    56  that the alienation or conversion complies with all conditions which the

        S. 2508--C                         20                         A. 3008--C
 
     1  secretary  of the interior deems necessary to assure the substitution of
     2  other lands shall be equivalent in fair market value and  usefulness  to
     3  the lands being alienated or converted.
     4    § 10. This act shall take effect immediately.
     5    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     6  sion,  section, subpart or part of this act shall be adjudged by a court
     7  of competent jurisdiction to be invalid, such judgment shall not affect,
     8  impair, or invalidate the remainder thereof, but shall  be  confined  in
     9  its  operation to the clause, sentence, paragraph, subdivision, section,
    10  subpart or part thereof directly involved in the  controversy  in  which
    11  such  judgment shall have been rendered. It is hereby declared to be the
    12  intent of the legislature that this act would have been enacted even  if
    13  such invalid provisions had not been included herein.
    14    §  3.  This act shall take effect immediately, provided, however, that
    15  the applicable effective date of Subparts A through C of this act  shall
    16  be as specifically set forth in the last section of such Subparts.
    17    § 2. This act shall take effect immediately.
 
    18                                   PART AA
 
    19    Section  1.  Subparagraph  (i)  of  paragraph  3 of subdivision (a) of
    20  section 21 of the tax law, as amended by section 17 of part BB of  chap-
    21  ter 56 of the laws of 2015, is amended to read as follows:
    22    (i)  The  tangible  property  credit  component  shall be equal to the
    23  applicable percentage of the cost or other basis for federal income  tax
    24  purposes  of  tangible  personal  property  and other tangible property,
    25  including  buildings  and  structural  components  of  buildings,  which
    26  constitute qualified tangible property and may include any related party
    27  service  fee  paid; provided that in determining the cost or other basis
    28  of such property, the taxpayer shall exclude the acquisition cost of any
    29  item of property with respect to which a credit under this  section  was
    30  allowable  to  another  taxpayer.  A  related party service fee shall be
    31  allowed only in the calculation of the tangible property  credit  compo-
    32  nent and shall not be allowed in the calculation of the site preparation
    33  credit  component  or  the on-site groundwater remediation credit compo-
    34  nent. The portion of the tangible property  credit  component  which  is
    35  attributable  to  related  party  service  fees shall be allowed only as
    36  follows: (A) in the taxable year in which the qualified tangible proper-
    37  ty described in subparagraph  (iii)  of  this  paragraph  is  placed  in
    38  service,  for  that portion of the related party service fees which have
    39  been earned and actually paid to the related party on or before the last
    40  day of such taxable year; and (B) with respect to any other taxable year
    41  for which the tangible property credit component may  be  claimed  under
    42  this  subparagraph  and  in  which  the amount of any additional related
    43  party service fees are actually paid by  the  taxpayer  to  the  related
    44  party,  the  tangible property credit component for such amount shall be
    45  allowed in such taxable year. The credit component amount so  determined
    46  shall  be  allowed for the taxable year in which such qualified tangible
    47  property is first placed in service on a qualified site with respect  to
    48  which  a  certificate  of completion has been issued to the taxpayer, or
    49  for the taxable year in which the certificate of completion is issued if
    50  the qualified tangible property is placed in service prior to the  issu-
    51  ance  of the certificate of completion. This credit component shall only
    52  be allowed for up to one hundred twenty months after  the  date  of  the
    53  issuance  of such certificate of completion, provided, however, that for
    54  qualified sites to which a certificate of completion  is  issued  on  or

        S. 2508--C                         21                         A. 3008--C
 
     1  after March twentieth, two thousand ten, but prior to January first, two
     2  thousand twelve, the commissioner may extend the credit component for up
     3  to one hundred forty-four months after the date of such issuance, if the
     4  commissioner,  in  consultation  with  the commissioner of environmental
     5  conservation, determines that the requirements for the credit would have
     6  been met if not for the restrictions related to the state disaster emer-
     7  gency declared pursuant to executive order 202 of 2020 or any  extension
     8  thereof  or  subsequent  executive order issued in response to the novel
     9  coronavirus (COVID-19) pandemic.
    10    § 2. This act shall take effect immediately.
 
    11                                   PART BB
 
    12                            Intentionally Omitted
 
    13                                   PART CC
 
    14    Section 1. Section 12 of part F of chapter 58  of  the  laws  of  2013
    15  amending  the  environmental  conservation law and the state finance law
    16  relating to the "Cleaner, Greener NY Act of 2013", as amended by chapter
    17  65 of the laws of 2019, is amended to read as follows:
    18    § 12. This act shall take effect immediately and shall  be  deemed  to
    19  have been in full force and effect on and after April 1, 2013; provided,
    20  however,  that  the  amendments to subdivision 5-a of section 27-1015 of
    21  the environmental conservation law, as added by  section  nine  of  this
    22  act, shall expire and be deemed repealed on April 1, [2021] 2026.
    23    § 2. This act shall take effect immediately.
 
    24                                   PART DD
 
    25                            Intentionally Omitted
 
    26                                   PART EE
 
    27                            Intentionally Omitted
 
    28                                   PART FF
 
    29                            Intentionally Omitted
 
    30                                   PART GG
 
    31    Section  1.  Section  3  of part FF of chapter 55 of the laws of 2017,
    32  relating to motor vehicles equipped with autonomous vehicle  technology,
    33  as  amended by section 2 of part M of chapter 58 of the laws of 2019, is
    34  amended to read as follows:
    35    § 3. This act shall take effect April 1, 2017; provided, however, that
    36  section one of this act shall expire and be  deemed  repealed  April  1,
    37  [2021] 2023.
    38    § 2. This act shall take effect immediately.
 
    39                                   PART HH
 
    40                            Intentionally Omitted
 
    41                                   PART II

        S. 2508--C                         22                         A. 3008--C
 
     1    Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
     2  amending the public authorities law, relating to authorizing the  dormi-
     3  tory  authority to enter into certain design and construction management
     4  agreements, as amended by section 1 of part B of chapter 58 of the  laws
     5  of 2019, is amended to read as follows:
     6    §  2.  This  act shall take effect immediately and shall expire and be
     7  deemed repealed April 1, [2021] 2023.
     8    § 2. The dormitory authority of the state of New York shall provide  a
     9  report  providing  information regarding any project undertaken pursuant
    10  to a design and construction management agreement, as authorized by part
    11  BB of chapter 58 of the laws of 2012, between the dormitory authority of
    12  the state of New York and the department of  environmental  conservation
    13  and/or  the office of parks, recreation and historic preservation to the
    14  governor, the temporary president of  the  senate  and  speaker  of  the
    15  assembly.  Such report shall include but not be limited to a description
    16  of each such project, the project identification  number  of  each  such
    17  project,  if applicable, the projected date of completion, the status of
    18  the project, the total cost or projected cost of each such project,  and
    19  the  location, including the names of any county, town, village or city,
    20  where each such project is located or  proposed.  In  addition,  such  a
    21  report  shall be provided to the aforementioned parties by the first day
    22  of March of each year that the authority to enter into  such  agreements
    23  pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
    24    §  3.  This  act  shall take effect immediately and shall be deemed to
    25  have been in full force and effect on and after April 1, 2021.
 
    26                                   PART JJ
 
    27                            Intentionally Omitted
 
    28                                   PART KK
 
    29                            Intentionally Omitted
 
    30                                   PART LL
 
    31    Section 1. Paragraph (a) of subdivision 1 of section 9-x of the  bank-
    32  ing law, as amended by section 1 of part C of chapter 126 of the laws of
    33  2020, is amended to read as follows:
    34    (a)  "Covered  period" means March 7, 2020 until the later of December
    35  31, 2021 or the date on which none of  the  provisions  that  closed  or
    36  otherwise  restricted  public  or private businesses or places of public
    37  accommodation, or required postponement or cancellation of  all  non-es-
    38  sential  gatherings  of individuals of any size for any reason in Execu-
    39  tive Orders 202.3, 202.4, 202.5, 202.6, 202.7,  202.8,  202.10,  202.11,
    40  202.13  or 202.14, as extended by Executive Orders 202.28 and 202.31 and
    41  as further extended by any future Executive Order, issued in response to
    42  the COVID-19 pandemic continue to apply in the county of  the  qualified
    43  mortgagor's residence;
    44    § 2. This act shall take effect immediately.
 
    45                                   PART MM
 
    46                            Intentionally Omitted

        S. 2508--C                         23                         A. 3008--C
 
     1                                   PART NN
 
     2                            Intentionally Omitted
 
     3                                   PART OO
 
     4                            Intentionally Omitted
 
     5                                   PART PP
 
     6                            Intentionally Omitted
 
     7                                   PART QQ
 
     8                            Intentionally Omitted
 
     9                                   PART RR
 
    10                            Intentionally Omitted
 
    11                                   PART SS
 
    12                            Intentionally Omitted
 
    13                                   PART TT
 
    14                            Intentionally Omitted
 
    15                                   PART UU
 
    16                            Intentionally Omitted

    17                                   PART VV
 
    18                            Intentionally Omitted
 
    19                                   PART WW
 
    20    Section  1.  Expenditures  of  moneys appropriated in a chapter of the
    21  laws of 2021 to the department  of  agriculture  and  markets  from  the
    22  special  revenue  funds-other/state  operations,  miscellaneous  special
    23  revenue fund-339,  public  service  account  shall  be  subject  to  the
    24  provisions  of  this section. Notwithstanding any other provision of law
    25  to the contrary, direct and indirect expenses relating to the department
    26  of  agriculture  and  markets'  participation  in   general   ratemaking
    27  proceedings  pursuant to section 65 of the public service law or certif-
    28  ication proceedings pursuant to article 7 or 10 of  the  public  service
    29  law, shall be deemed expenses of the department of public service within
    30  the  meaning  of  section  18-a of the public service law. No later than
    31  August 15, 2022, the commissioner of the department of  agriculture  and
    32  markets  shall submit an accounting of such expenses, including, but not
    33  limited to, expenses in the 2021--2022 state fiscal  year  for  personal
    34  and  non-personal  services  and  fringe  benefits,  to the chair of the
    35  public service  commission  for  the  chair's  review  pursuant  to  the
    36  provisions of section 18-a of the public service law.

        S. 2508--C                         24                         A. 3008--C
 
     1    §  2.  Expenditures of moneys appropriated in a chapter of the laws of
     2  2021 to  the  department  of  state  from  the  special  revenue  funds-
     3  other/state  operations,  miscellaneous special revenue fund-339, public
     4  service account shall be subject to  the  provisions  of  this  section.
     5  Notwithstanding  any  other provision of law to the contrary, direct and
     6  indirect expenses relating  to  the  activities  of  the  department  of
     7  state's  utility  intervention unit pursuant to subdivision 4 of section
     8  94-a of the executive law, including, but not limited  to  participation
     9  in  general  ratemaking proceedings pursuant to section 65 of the public
    10  service law or certification proceedings pursuant to article 7 or 10  of
    11  the  public  service  law, and expenses related to the activities of the
    12  major renewable energy development program established by  section  94-c
    13  of  the  executive  law,  shall  be deemed expenses of the department of
    14  public service within the meaning of section 18-a of the public  service
    15  law.  No later than August 15, 2022, the secretary of state shall submit
    16  an  accounting of such expenses, including, but not limited to, expenses
    17  in the 2021--2022  state  fiscal  year  for  personal  and  non-personal
    18  services and fringe benefits, to the chair of the public service commis-
    19  sion  for  the chair's review pursuant to the provisions of section 18-a
    20  of the public service law.
    21    § 3. Expenditures of moneys appropriated in a chapter of the  laws  of
    22  2021  to  the office of parks, recreation and historic preservation from
    23  the special revenue funds-other/state operations, miscellaneous  special
    24  revenue  fund-339,  public  service  account  shall  be  subject  to the
    25  provisions of this section. Notwithstanding any other provision  of  law
    26  to  the contrary, direct and indirect expenses relating to the office of
    27  parks, recreation and historic preservation's participation  in  general
    28  ratemaking  proceedings pursuant to section 65 of the public service law
    29  or certification proceedings pursuant to article 7 or 10 of  the  public
    30  service  law,  shall  be  deemed  expenses  of  the department of public
    31  service within the meaning of section 18-a of the public service law. No
    32  later than August 15, 2022, the commissioner of  the  office  of  parks,
    33  recreation  and historic preservation shall submit an accounting of such
    34  expenses, including, but not limited  to,  expenses  in  the  2021--2022
    35  state  fiscal  year  for  personal  and non-personal services and fringe
    36  benefits, to the chair of the public service commission for the  chair's
    37  review  pursuant to the provisions of section 18-a of the public service
    38  law.
    39    § 4. Expenditures of moneys appropriated in a chapter of the  laws  of
    40  2021  to  the  department of environmental conservation from the special
    41  revenue funds-other/state operations, environmental conservation special
    42  revenue fund-301, utility  environmental  regulation  account  shall  be
    43  subject  to  the  provisions  of this section. Notwithstanding any other
    44  provision of law to the contrary, direct and indirect expenses  relating
    45  to the department of environmental conservation's participation in state
    46  energy  policy  proceedings,  or  certification  proceedings pursuant to
    47  article 7 or 10 of the public service law, shall be deemed  expenses  of
    48  the  department  of public service within the meaning of section 18-a of
    49  the public service law. No later than August 15, 2022, the  commissioner
    50  of the department of environmental conservation shall submit an account-
    51  ing  of  such  expenses,  including, but not limited to, expenses in the
    52  2021--2022 state fiscal year for personal and non-personal services  and
    53  fringe  benefits,  to the chair of the public service commission for the
    54  chair's review pursuant to the provisions of section 18-a of the  public
    55  service law.

        S. 2508--C                         25                         A. 3008--C
 
     1    §  5. Notwithstanding any other law, rule or regulation to the contra-
     2  ry, expenses of  the  department  of  health  public  service  education
     3  program  incurred  pursuant  to appropriations from the cable television
     4  account of the state miscellaneous special revenue funds shall be deemed
     5  expenses  of  the department of public service. No later than August 15,
     6  2022, the commissioner of the  department  of  health  shall  submit  an
     7  accounting  of expenses in the 2021--2022 state fiscal year to the chair
     8  of the public service commission for the chair's review pursuant to  the
     9  provisions of section 217 of the public service law.
    10    §  6.  Any  expense  deemed to be expenses of the department of public
    11  service pursuant to sections one through four of this act shall  not  be
    12  recovered  through  assessments  imposed  upon telephone corporations as
    13  defined in subdivision 17 of section 2 of the public service law.
    14    § 7. This act shall take effect immediately and  shall  be  deemed  to
    15  have  been in full force and effect on and after April 1, 2021 and shall
    16  expire and be deemed repealed April 1, 2022.
    17    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    18  sion, section or part of this act shall be  adjudged  by  any  court  of
    19  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    20  impair, or invalidate the remainder thereof, but shall  be  confined  in
    21  its  operation  to the clause, sentence, paragraph, subdivision, section
    22  or part thereof directly involved in the controversy in which such judg-
    23  ment shall have been rendered. It is hereby declared to be the intent of
    24  the legislature that this act would  have  been  enacted  even  if  such
    25  invalid provisions had not been included herein.
    26    §  3.  This  act shall take effect immediately provided, however, that
    27  the applicable effective date of Parts A through WW of this act shall be
    28  as specifically set forth in the last section of such Parts.
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