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AB9508 Summary:

BILL NOA09508C
 
SAME ASSAME AS UNI. S07508-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 2018-2019 state fiscal year; enhances the ability of the state to enforce state and federal law relating to motor carriers, commercial drivers and bus operators (Part B); relates to enhancing the ability of the state to enforce state and federal law relating to the safety of rail fixed guideway public transportation systems under the oversight of the public transportation safety board (Part G); relates to the submission of reports relating to motor vehicles equipped with autonomous vehicle technology (Part H); relates to certain fines in the city of New York (Part N); extends certain provisions relating to the empire state economic development fund (Part O); relates to the powers of the New York state urban development corporation to make loans (Part R); extends the expiration date that permits 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 to March 31, 2019 (Part T); relates to brownfield opportunity areas (Part U); repeals provisions relating to the local share requirement for providers under the federal community services block grant program (Part V); prohibits denials, suspensions, or revocations of professional licenses for failure to pay student loans (Part W); relates to the effectiveness of provisions relating to the powers and duties of the dormitory authority (Part X); relates to extending provisions of law relating to 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 Z); relates to the environmental protection fund, the hazardous waste remedial fund and the mitigation and remediation of solid waste sites (Part BB); relates to the Central Pine Barrens area and core preservation area (Part CC); authorizes utility and cable television assessments to provide funds to the department of health from cable television assessment revenues and to the departments of agriculture and markets, environmental conservation, office of parks, recreation and historic preservation, and state from utility assessment revenues (Part DD); relates to authorizing the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY programs, as well as the department of environmental conservation's climate change program and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part GG); relates to foreclosure upon a reverse mortgage (Part II); requires lactation rooms in certain public buildings (Part JJ); directs the department of state to analyze and report on the feasibility of installing adult changing stations in public buildings (Part KK); relates to standards requiring assembly group A occupancies and mercantile group M occupancies to have diaper changing stations available for use by both male and female occupants (Part LL) relates to performance standards for aid to soil and water conservation districts (Part MM); relates to retrofit technology for diesel-fueled vehicles (Part NN); relates to fees for certification of pesticide applicators (Part OO); relates to beverage container requirements (Part PP); relates to the effectiveness of the New York state health insurance continuation assistance demonstration project (Part QQ); creates the small business innovation research/small business technology transfer technical assistance program; and repeals section 3102-c of the public authorities law relating thereto (Part RR); establishes the community development revolving loan program (Part SS); relates to the financing and construction of facilities by the dormitory authority for any not-for-profit affiliates or members of Cerebral Palsy Associations of New York State, Inc. and any successor in interest to any such organization (Part TT); relates to capital expenses relating to project necessary for the completion of Hudson River Park (Part UU); authorizes the taxation of certain lands owned by the state in Bowman Lake State Park (Part VV).
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AB9508 Actions:

BILL NOA09508C
 
01/18/2018referred to ways and means
02/16/2018amend (t) and recommit to ways and means
02/16/2018print number 9508a
03/13/2018amend (t) and recommit to ways and means
03/13/2018print number 9508b
03/29/2018amend (t) and recommit to ways and means
03/29/2018print number 9508c
03/29/2018reported referred to rules
03/29/2018reported
03/29/2018rules report cal.20
03/29/2018ordered to third reading rules cal.20
03/29/2018message of necessity - 3 day message
03/29/2018passed assembly
03/29/2018delivered to senate
03/30/2018REFERRED TO FINANCE
03/30/2018SUBSTITUTED FOR S7508C
03/30/20183RD READING CAL.735
03/30/2018MESSAGE OF NECESSITY - 3 DAY MESSAGE
03/30/2018PASSED SENATE
03/30/2018RETURNED TO ASSEMBLY
04/02/2018delivered to governor
04/12/2018signed chap.58
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AB9508 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7508--C                                            A. 9508--C
 
                SENATE - ASSEMBLY
 
                                    January 18, 2018
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  to  amend the vehicle and traffic law, in relation to enhancing
          the ability of the state to enforce state and federal law relating  to
          motor  carriers, commercial drivers and bus operators (Part A); inten-
          tionally omitted  (Part  B);  to  amend  the  transportation  law,  in
          relation  to  enhancing  the ability of the state to enforce state and
          federal law relating to the  safety  of  rail  fixed  guideway  public
          transportation  systems  under the oversight of the public transporta-
          tion safety board (Part C); intentionally  omitted  (Part  D);  inten-
          tionally  omitted  (Part  E);  intentionally  omitted (Part F); inten-
          tionally omitted (Part G); 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 submission of reports; and in  relation
          to  extending the effectiveness thereof (Part H); to amend the vehicle
          and traffic law and the state finance  law,  in  relation  to  certain
          fines  in  the  city of New York (Part I); intentionally omitted (Part
          J); intentionally omitted (Part K); intentionally  omitted  (Part  L);
          intentionally  omitted  (Part  M);  intentionally omitted (Part N); to
          amend the  New  York  state  urban  development  corporation  act,  in
          relation  to extending certain provisions relating to the empire state
          economic development fund (Part O); to amend the chapter  393  of  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12673-06-8

        S. 7508--C                          2                         A. 9508--C
 
          laws  of  1994,  amending  the New York state urban development corpo-
          ration act, relating to the powers of the New York state urban  devel-
          opment  corporation  to  make  loans, in relation to the effectiveness
          thereof  (Part P); intentionally omitted (Part Q); intentionally omit-
          ted (Part R); 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 extending the expiration date thereof (Part
          S); intentionally omitted (Part T); to  amend  the  general  municipal
          law,  in  relation to brownfield opportunity areas (Part U); to repeal
          section 159-j of the  executive  law,  relating  to  the  local  share
          requirement  for  providers under the federal community services block
          grant program (Part V); prohibiting the denial, suspension or  revoca-
          tion  of  professional licenses for failure to pay student loans (Part
          W); to amend chapter 584 of the laws  of  2011,  amending  the  public
          authorities  law  relating  to  the powers and duties of the dormitory
          authority of the state of New York relative to  the  establishment  of
          subsidiaries  for  certain  purposes, in relation to the effectiveness
          thereof (Part X); to amend part S of chapter 58 of the laws  of  2016,
          amending the New York state urban development corporation act relating
          to  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,  in  relation  to  the
          effectiveness  thereof  (Part  Y);  intentionally omitted (Part Z); to
          amend the state finance law and the environmental conservation law, in
          relation to the environmental protection  fund,  the  hazardous  waste
          remedial fund and the mitigation and remediation of solid waste sites;
          and  to  repeal  certain  provisions  of the state finance law and the
          environmental conservation law  relating  thereto  (Part  AA);  inten-
          tionally  omitted  (Part  BB); to amend the environmental conservation
          law and the real property tax law, in relation  to  the  Central  Pine
          Barrens area and core preservation area (Part CC); authorizing utility
          and cable television assessments to provide funds to the department of
          health  from  cable  television assessment revenues and to the depart-
          ments of agriculture and markets, environmental  conservation,  office
          of parks, recreation and historic preservation, and state from utility
          assessment  revenues;  and providing for the repeal of such provisions
          upon expiration thereof (Part DD);  authorizing  the  New  York  state
          energy  research and development authority to finance a portion of its
          research, development and demonstration, policy and planning, and Fuel
          NY programs, as well as the department of environmental conservation's
          climate change program and the department of agriculture and  markets'
          Fuel  NY  program, from an assessment on gas and electric corporations
          (Part EE); intentionally  omitted  (Part  FF);  intentionally  omitted
          (Part  GG); to amend the real property actions and proceedings law and
          the civil practice law and rules, in relation to  foreclosure  upon  a
          reverse  mortgage (Part HH); intentionally omitted (Part II); to amend
          the public buildings law, in relation to requiring  the  establishment
          of  lactation  rooms  in certain public buildings (Part JJ); directing
          the department of state to analyze and report on  the  feasibility  of
          installing  adult  changing stations in public buildings (Part KK); to
          amend the executive law, in relation to standards  requiring  assembly
          group  A occupancies and mercantile group M occupancies to have diaper
          changing stations available for use by both male and female  occupants
          (Part  LL); to amend the soil and water conservation districts law, in

        S. 7508--C                          3                         A. 9508--C
 
          relation to state aid to districts (Part MM); to  amend  the  environ-
          mental  conservation law, in relation to retrofit technology for dies-
          el-fueled vehicles (Part NN); to amend the environmental  conservation
          law,  in  relation to fees for certification of pesticide applicators;
          and to repeal certain provisions of such law  relating  thereto  (Part
          OO);  to  amend  the  environmental  conservation  law, in relation to
          beverage container requirements (Part PP); to amend chapter 495 of the
          laws of 2004, amending the insurance law and  the  public  health  law
          relating  to  the New York state health insurance continuation assist-
          ance demonstration project, in relation to the  effectiveness  thereof
          (Part  QQ);  to amend the New York state urban development corporation
          act,  in  relation  to  creating   the   small   business   innovation
          research/small   business  technology  transfer  technical  assistance
          program; and repealing section 3102-c of the  public  authorities  law
          relating thereto (Part RR); to amend the New York state urban develop-
          ment  corporation  act, in relation to creating the community develop-
          ment revolving loan program (Part SS); to amend the public authorities
          law, in relation to the financing and construction  of  facilities  by
          the  dormitory  authority  for Cerebral Palsy Associations of New York
          State and any of its not-for-profit members  (Part  TT);  relating  to
          capital  expenses relating to projects necessary for the completion of
          Hudson River Park (Part UU); and to amend the real property  tax  law,
          in relation to the taxation of certain lands in Bowman Lake State Park
          (Part VV)
 
          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  which are necessary to implement the state fiscal plan for the 2018-2019
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through VV. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part.   Any provision in  any  section  contained  within  a  Part,
     7  including  the  effective date of the Part, which makes a reference to a
     8  section "of this act", when used  in  connection  with  that  particular
     9  component,  shall  be  deemed  to  mean  and  refer to the corresponding
    10  section of the Part in which it is found. Section three of this act sets
    11  forth the general effective date of this act.
 
    12                                   PART A
 
    13    Section 1. Subparagraph (iii) of  paragraph  b  of  subdivision  2  of
    14  section 510 of the vehicle and traffic law, as amended by chapter 349 of
    15  the laws of 1993, is amended to read as follows:
    16    (iii)  such  registrations shall be suspended when necessary to comply
    17  with subdivision nine of section one hundred forty or  subdivision  four
    18  of  section  one hundred forty-five of the transportation law or with an
    19  out of service order issued by the United States department of transpor-
    20  tation. The commissioner shall have the authority to deny a registration
    21  or renewal application to any other person for the same vehicle and  may
    22  deny  a  registration or renewal application for any other motor vehicle
    23  registered in the name of the applicant where  it  has  been  determined
    24  that  such  registrant's  intent  has been to evade the purposes of this
    25  subdivision and where the commissioner has reasonable grounds to believe

        S. 7508--C                          4                         A. 9508--C

     1  that such registration or renewal will have the effect of defeating  the
     2  purposes  of  this subdivision.   Any suspension issued pursuant to this
     3  subdivision by reason of an out of service order issued  by  the  United
     4  States  department  of  transportation shall remain in effect until such
     5  time as the commissioner is notified by the United States department  of
     6  transportation  or  the  commissioner  of  transportation that the order
     7  resulting in the suspension is no longer in effect.
     8    § 2. This act shall take effect immediately.
 
     9                                   PART B
 
    10                            Intentionally Omitted
 
    11                                   PART C
 
    12    Section 1. Section 217 of the transportation law is amended by  adding
    13  a new subdivision 9 to read as follows:
    14    9.  To enforce the requirements of section five thousand three hundred
    15  twenty-nine of title forty-nine of the United States  Code,  as  amended
    16  from  time  to  time, as it pertains to oversight of rail fixed guideway
    17  public transportation systems.
    18    § 2. This act shall take effect immediately.
 
    19                                   PART D
 
    20                            Intentionally Omitted
 
    21                                   PART E
 
    22                            Intentionally Omitted
 
    23                                   PART F
 
    24                            Intentionally Omitted
 
    25                                   PART G
 
    26                            Intentionally Omitted
 
    27                                   PART H
 
    28    Section 1. Subdivision a of section 1 of part FF of chapter 55 of  the
    29  laws  of 2017, relating to motor vehicles equipped with autonomous vehi-
    30  cle technology, is amended to read as follows:
    31    a. Notwithstanding the provisions of section 1226 of the  vehicle  and
    32  traffic  law,  the  New  York  state  commissioner of motor vehicles may
    33  approve demonstrations and tests consisting of the operation of a  motor
    34  vehicle  equipped  with  autonomous  vehicle technology while such motor
    35  vehicle is engaged in the use of  such  technology  on  public  highways
    36  within  this  state  for the purposes of demonstrating and assessing the
    37  current development of autonomous vehicle technology and to begin  iden-
    38  tifying potential impacts of such technology on safety, traffic control,
    39  traffic  enforcement, emergency services, and such other areas as may be
    40  identified by such commissioner. Provided,  however,  that  such  demon-
    41  strations  and  tests shall only take place under the direct supervision
    42  of the New York state police, in a form and  manner  prescribed  by  the

        S. 7508--C                          5                         A. 9508--C
 
     1  superintendent  of  the  New  York  state  police.  Additionally,  a law
     2  enforcement interaction plan shall be included as  part  of  the  demon-
     3  stration and test application that includes information for law enforce-
     4  ment  and first responders regarding how to interact with such a vehicle
     5  in emergency and traffic enforcement situations.    Such  demonstrations
     6  and  tests  shall  take  place  in  a  manner and form prescribed by the
     7  commissioner of motor vehicles including, but not limited to: a require-
     8  ment that a natural person holding a valid license for the operation  of
     9  the  motor  vehicle's class be present within such vehicle for the dura-
    10  tion of the time it is operated on public highways; a  requirement  that
    11  the  motor  vehicle  utilized  in such demonstrations and tests complies
    12  with all applicable federal motor vehicle safety standards and New  York
    13  state  motor  vehicle  inspection  standards; and a requirement that the
    14  motor vehicle utilized in such demonstrations and tests has in place, at
    15  a minimum, financial security in the amount  of  five  million  dollars.
    16  Nothing  in  this act shall authorize the motor vehicle utilized in such
    17  demonstrations and tests to operate in violation of article 22 or  title
    18  7 of the vehicle and traffic law, excluding section 1226 of such law.
    19    § 2.  Section 2 of part FF of chapter 55 of the laws of 2017, relating
    20  to  motor  vehicles  equipped  with  autonomous  vehicle  technology, is
    21  amended to read as follows:
    22    § 2. The commissioner of motor vehicles shall,  in  consultation  with
    23  the superintendent of state police, submit a report to the governor, the
    24  temporary  president of the senate, the speaker of the assembly, and the
    25  chairs of the senate  and  assembly  transportation  committees  on  the
    26  demonstrations  and  tests  authorized  by section one of this act. Such
    27  report shall include, but not be limited to, a description of the param-
    28  eters and purpose of such demonstrations  and  tests,  the  location  or
    29  locations  where  demonstrations  and  tests  were conducted, the demon-
    30  strations' and  tests'  impacts  on  safety,  traffic  control,  traffic
    31  enforcement,  emergency services, and such other areas as may be identi-
    32  fied by such commissioner. Such commissioner shall submit such report on
    33  or before June 1, 2018 and June 1, 2019.
    34    § 3. Section 3 of part FF of chapter 55 of the laws of 2017,  relating
    35  to  motor  vehicles  equipped  with  autonomous  vehicle  technology, is
    36  amended to read as follows:
    37    § 3. This act shall take effect April 1, 2017; provided, however, that
    38  section one of this act shall expire and be  deemed  repealed  April  1,
    39  [2018] 2019.
    40    § 4. This act shall take effect immediately.
 
    41                                   PART I
 
    42    Section  1.  Subdivision  5  of section 227 of the vehicle and traffic
    43  law, as amended by section 1 of part GG of chapter 55  of  the  laws  of
    44  2017, is amended to read as follows:
    45    5.  All  penalties  and  forfeited  security collected pursuant to the
    46  provisions of this article shall be paid to the department of audit  and
    47  control  to the credit of the justice court fund and shall be subject to
    48  the applicable provisions of section  eighteen  hundred  three  of  this
    49  chapter.  After  such audit as shall reasonably be required by the comp-
    50  troller, such penalties and forfeited security shall be  paid  quarterly
    51  or,  in  the  discretion of the comptroller, monthly, to the appropriate
    52  jurisdiction in which the violation  occurred  in  accordance  with  the
    53  provisions  of  section  ninety-nine-a  of the state finance law, except
    54  that the sum of four dollars for each violation occurring in such juris-

        S. 7508--C                          6                         A. 9508--C
 
     1  diction for which a complaint has been  filed  with  the  administrative
     2  tribunal  established  pursuant to this article shall be retained by the
     3  state. Notwithstanding any law to the contrary an additional annual  sum
     4  of  three  million dollars collected from fines and assessed to the city
     5  of New York, shall be deposited into the  general  fund  [in  accordance
     6  with  the provisions of section ninety-nine-a of the state finance law].
     7  The amount distributed during the first three quarters to  the  city  of
     8  Rochester  in  any given fiscal year shall not exceed seventy percent of
     9  the amount which will be otherwise payable.  Provided, however, that  if
    10  the  full  costs  of administering this article shall exceed the amounts
    11  received and retained by the state  for  any  period  specified  by  the
    12  commissioner,  then  such additional sums as shall be required to offset
    13  such costs shall be retained by the  state  out  of  the  penalties  and
    14  forfeited security collected pursuant to this article.
    15    §  2.  Subdivision 5 of section 227 of the vehicle and traffic law, as
    16  amended by section 3 of chapter 157 of the laws of 2017, is  amended  to
    17  read as follows:
    18    5.  All  penalties  and  forfeited  security collected pursuant to the
    19  provisions of this article shall be paid to the department of audit  and
    20  control  to the credit of the justice court fund and shall be subject to
    21  the applicable provisions of section  eighteen  hundred  three  of  this
    22  chapter.  After  such audit as shall reasonably be required by the comp-
    23  troller, such penalties and forfeited security shall be  paid  quarterly
    24  or,  in  the  discretion of the comptroller, monthly, to the appropriate
    25  jurisdiction in which the violation  occurred  in  accordance  with  the
    26  provisions  of  section  ninety-nine-a  of the state finance law, except
    27  that the sum of four dollars for each violation occurring in such juris-
    28  diction for which a complaint has been  filed  with  the  administrative
    29  tribunal  established  pursuant to this article shall be retained by the
    30  state. Notwithstanding any law to the contrary an additional annual  sum
    31  of  three  million dollars collected from fines and assessed to the city
    32  of New York, shall be deposited into the  general  fund  [in  accordance
    33  with  the provisions of section ninety-nine-a of the state finance law].
    34  Provided, however, that if the full costs of administering this  article
    35  shall  exceed  the  amounts  received  and retained by the state for any
    36  period specified by the commissioner, then such additional sums as shall
    37  be required to offset such costs shall be retained by the state  out  of
    38  the penalties and forfeited security collected pursuant to this article.
    39    §  3.  Subdivision  3  of  section  99-a  of the state finance law, as
    40  amended by section 3 of part GG of chapter 55 of the laws  of  2017,  is
    41  amended to read as follows:
    42    3.  The  comptroller  is  hereby  authorized  to implement alternative
    43  procedures, including guidelines in conjunction therewith,  relating  to
    44  the remittance of fines, penalties, forfeitures and other moneys by town
    45  and village justice courts, and by the Nassau and Suffolk counties traf-
    46  fic  and parking violations agencies, and by the city of Buffalo traffic
    47  violations agency, [and by the city of  New  York  pursuant  to  article
    48  two-A of the vehicle and traffic law,] to the justice court fund and for
    49  the  distribution  of  such  moneys by the justice court fund.  Notwith-
    50  standing any law to the contrary, the  alternative  procedures  utilized
    51  may include:
    52    a. electronic funds transfer;
    53    b. remittance of funds by the justice court to the chief fiscal office
    54  of  the town or village, or, in the case of the Nassau and Suffolk coun-
    55  ties traffic and parking violations agencies, to the  county  treasurer,
    56  or, in the case of the Buffalo traffic violations agency, to the city of

        S. 7508--C                          7                         A. 9508--C
 
     1  Buffalo comptroller, for distribution in accordance with instructions by
     2  the  comptroller  [or,  in the case of the city of New York, pursuant to
     3  article two-A of the vehicle and traffic law to the  city  comptroller];
     4  and/or
     5    c. monthly, rather than quarterly, distribution of funds.
     6    The comptroller may require such reporting and record keeping as he or
     7  she  deems  necessary  to  ensure  the  proper distribution of moneys in
     8  accordance with applicable laws. A  justice  court  or  the  Nassau  and
     9  Suffolk  counties traffic and parking violations agencies or the city of
    10  Buffalo traffic violations agency [or the city of New York  pursuant  to
    11  article  two-A  of the vehicle and traffic law] may utilize these proce-
    12  dures only when permitted by the comptroller, and such permission,  once
    13  given, may subsequently be withdrawn by the comptroller on due notice.
    14    §  4.  Subdivision  3  of  section  99-a  of the state finance law, as
    15  amended by section 10 of chapter 157 of the laws of 2017, is amended  to
    16  read as follows:
    17    3.  The  comptroller  is  hereby  authorized  to implement alternative
    18  procedures, including guidelines in conjunction therewith,  relating  to
    19  the remittance of fines, penalties, forfeitures and other moneys by town
    20  and village justice courts, and by the Nassau and Suffolk counties traf-
    21  fic  and parking violations agencies, and by the city of Buffalo traffic
    22  violations agency, and by the city of Rochester traffic violations agen-
    23  cy, [and by the city of New York pursuant to article two-A of the  vehi-
    24  cle and traffic law,] to the justice court fund and for the distribution
    25  of such moneys by the justice court fund. Notwithstanding any law to the
    26  contrary, the alternative procedures utilized may include:
    27    a. electronic funds transfer;
    28    b. remittance of funds by the justice court to the chief fiscal office
    29  of  the town or village, or, in the case of the Nassau and Suffolk coun-
    30  ties traffic and parking violations agencies, to the  county  treasurer,
    31  or, in the case of the Buffalo traffic violations agency, to the city of
    32  Buffalo  comptroller, or in the case of the Rochester traffic violations
    33  agency, to the city of Rochester treasurer for distribution  in  accord-
    34  ance  with  instructions by the comptroller [or, in the case of the city
    35  of New York, pursuant to article two-A of the vehicle and traffic law to
    36  the city comptroller]; and/or
    37    c. monthly, rather than quarterly, distribution of funds.
    38    The comptroller may require such reporting and record keeping as he or
    39  she deems necessary to ensure  the  proper  distribution  of  moneys  in
    40  accordance  with  applicable  laws.  A  justice  court or the Nassau and
    41  Suffolk counties traffic and parking violations agencies or the city  of
    42  Buffalo  traffic  violations  agency  or  the  city of Rochester traffic
    43  violations agency [or the city of New York pursuant to article two-A  of
    44  the  vehicle  and  traffic  law]  may utilize these procedures only when
    45  permitted by the comptroller,  and  such  permission,  once  given,  may
    46  subsequently be withdrawn by the comptroller on due notice.
    47    § 5. This act shall take effect immediately, provided, however that
    48    (a)  the amendments to subdivision 5 of section 227 of the vehicle and
    49  traffic law as made by section two of this act shall take effect on  the
    50  same date and in the same manner as section 3 of chapter 157 of the laws
    51  of  2017  takes  effect,  and shall be subject to the expiration of such
    52  subdivision pursuant to section 4 of part GG of chapter 55 of  the  laws
    53  of 2017, as amended, and shall be deemed expired therewith; and
    54    (b)  the  amendments  to  subdivision  3  of section 99-a of the state
    55  finance law as made by section four of this act shall take effect on the
    56  same date and in the same manner as section 10 of  chapter  157  of  the

        S. 7508--C                          8                         A. 9508--C
 
     1  laws  of  2017  takes  effect, and shall be subject to the expiration of
     2  such subdivision pursuant to section 4 of part GG of chapter 55  of  the
     3  laws of 2017, as amended, and shall be deemed expired therewith.
 
     4                                   PART J
 
     5                            Intentionally Omitted
 
     6                                   PART K
 
     7                            Intentionally Omitted
 
     8                                   PART L
 
     9                            Intentionally Omitted
 
    10                                   PART M
 
    11                            Intentionally Omitted
 
    12                                   PART N
 
    13                            Intentionally Omitted
 
    14                                   PART O
 
    15    Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
    16  of the laws of 1968 constituting the New York  state  urban  development
    17  corporation  act, as amended by section 1 of part M of chapter 58 of the
    18  laws of 2017, is amended to read as follows:
    19    3. The provisions of this section shall  expire,  notwithstanding  any
    20  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    21  the laws of 1996 or of any other law, on July 1, [2018] 2019.
    22    §  2.  This  act  shall take effect immediately and shall be deemed to
    23  have been in full force and effect on and after July 1, 2018.
 
    24                                   PART P
 
    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 N of chapter 58 of the  laws  of  2017,  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, [2018]  2019,  at  which
    32  time the provisions of subdivision 26 of section 5 of the New York state
    33  urban  development  corporation  act shall be deemed repealed; provided,
    34  however, that neither the expiration nor the repeal of such  subdivision
    35  as provided for herein shall be deemed to affect or impair in any manner
    36  any  loan  made  pursuant  to the authority of such subdivision prior to
    37  such expiration and repeal.
    38    § 2. This act shall take effect immediately and  shall  be  deemed  to
    39  have been in full force and effect on and after April 1, 2018.
 
    40                                   PART Q

        S. 7508--C                          9                         A. 9508--C
 
     1                            Intentionally Omitted
 
     2                                   PART R
 
     3                            Intentionally Omitted
 
     4                                   PART S
 
     5    Section  1.  Section 2 of chapter 21 of the laws of 2003, amending the
     6  executive law relating to permitting the secretary of state  to  provide
     7  special  handling  for  all documents filed or issued by the division of
     8  corporations and to permit additional levels of such expedited  service,
     9  as  amended by section 1 of part Q of chapter 58 of the laws of 2017, is
    10  amended to read as follows:
    11    § 2. This act shall take effect immediately,  provided  however,  that
    12  section  one  of this act shall be deemed to have been in full force and
    13  effect on and after April 1, 2003 and shall expire  March  31,  [2018]
    14  2019.
    15    §  2.  This  act  shall take effect immediately and shall be deemed to
    16  have been in full force and effect on and after March 31, 2018.
 
    17                                   PART T
 
    18                            Intentionally Omitted
 
    19                                   PART U
 
    20    Section 1. Section 970-r of the general municipal  law,  as  added  by
    21  section  1  of  part  F of chapter 1 of the laws of 2003, subdivision 1,
    22  paragraph f of subdivision 3 and paragraph h of subdivision 6 as amended
    23  by section 1 of part F of chapter 577 of the laws of 2004,  paragraph  a
    24  of subdivision 1 as amended and paragraph h of subdivision 1 as added by
    25  chapter  386  of the laws of 2007, paragraph i of subdivision 1 as added
    26  and paragraph e of subdivision 1, paragraph a of  subdivision  2,  para-
    27  graph d of subdivision 2, the opening paragraph of paragraph e of subdi-
    28  vision 2, subparagraph 6 of paragraph e of subdivision 2, paragraph f of
    29  subdivision  2, paragraph g of subdivision 2, paragraph b of subdivision
    30  3, the opening paragraph of paragraph f of subdivision 3, subparagraph 6
    31  of paragraph f of subdivision 3, paragraph g of subdivision 3, paragraph
    32  h of subdivision 3, paragraph i of subdivision 3, and subdivisions 7 and
    33  9 as amended by chapter 390 of the laws of 2008, paragraph b of subdivi-
    34  sion 2 as amended by section 26 and subparagraphs 2 and 5 of paragraph c
    35  of subdivision 2 as amended by section 27, paragraph a of subdivision  3
    36  as amended by section 28, subparagraphs 2 and 5 of paragraph e of subdi-
    37  vision  3  and  subdivision  4 as amended by section 29, paragraph a and
    38  subparagraphs 2 and 5 of paragraph e of  subdivision  6  as  amended  by
    39  section 30 and subdivision 10 as added by section 31 of part BB of chap-
    40  ter 56 of the laws of 2015, is amended to read as follows:
    41    §  970-r. State assistance for brownfield opportunity areas. 1.  Defi-
    42  nitions. a. "Applicant" shall mean  the  municipality,  community  board
    43  and/or  community based organization submitting an application for state
    44  assistance or a nomination for designation in the manner  authorized  by
    45  this section.
    46    b.  "Commissioner"  shall  mean  the commissioner of the department of
    47  environmental conservation.

        S. 7508--C                         10                         A. 9508--C

     1    c. "Community based organization" shall mean a  not-for-profit  corpo-
     2  ration  exempt  from  taxation  under  section 501(c)(3) of the internal
     3  revenue code whose stated mission is promoting reuse of brownfield sites
     4  or community revitalization within a specified geographic area in  which
     5  the  community  based  organization  is  located;  which has twenty-five
     6  percent or more of its board of directors residing in the  community  in
     7  such  area;  and  represents  a  community with a demonstrated financial
     8  need. "Community based organization" shall not include any  not-for-pro-
     9  fit corporation that has caused or contributed to the release or threat-
    10  ened  release  of a contaminant from or onto the brownfield site, or any
    11  not-for-profit corporation that generated, transported, or disposed  of,
    12  or  that  arranged  for,  or  caused, the generation, transportation, or
    13  disposal of contamination from or onto the brownfield site.  This  defi-
    14  nition  shall not apply if more than twenty-five percent of the members,
    15  officers or directors of the  not-for-profit  corporation  are  or  were
    16  employed  or  receiving  compensation  from any person responsible for a
    17  site under title thirteen or title fourteen of article  twenty-seven  of
    18  the environmental conservation law, article twelve of the navigation law
    19  or under applicable principles of statutory or common law liability.
    20    d.  "Brownfield  site"  shall  have  the  same meaning as set forth in
    21  section 27-1405 of the environmental conservation law.
    22    e. "Department" shall mean the department of state.
    23    f. "Contamination" or "contaminated" shall have the  same  meaning  as
    24  provided in section 27-1405 of the environmental conservation law.
    25    g. "Municipality" shall have the same meaning as set forth in subdivi-
    26  sion fifteen of section 56-0101 of the environmental conservation law.
    27    h.  "Community  board"  shall  have  the  same meaning as set forth in
    28  section twenty-eight hundred of the New York city charter.
    29    i. "Secretary" shall mean the secretary of state.
    30    j. "Nomination" shall mean a written plan for redevelopment and  revi-
    31  talization of any area (i) wherein one or more known or suspected brown-
    32  field sites are located and (ii) that contains the elements required for
    33  brownfield opportunity area designation as determined in accordance with
    34  subdivision three of this section. It is not necessary that all, or any,
    35  of  the  services  used  to  identify,  prepare,  create, or develop the
    36  elements required for designation be funded through this section.
    37    2. State assistance for pre-nomination study for  brownfield  opportu-
    38  nity  areas. a. Within the limits of appropriations therefor, the secre-
    39  tary is authorized to provide, on a competitive basis, financial assist-
    40  ance to municipalities, to community based organizations,  to  community
    41  boards, or to municipalities and community based organizations acting in
    42  cooperation  to prepare a pre-nomination study for a brownfield opportu-
    43  nity area designation. Such financial assistance shall not exceed ninety
    44  percent of the costs of such pre-nomination study for any such area.
    45    b. Activities eligible to receive such assistance shall  include,  but
    46  are  not  limited  to, the assembly and development of basic information
    47  about:
    48    (1) the borders of the proposed brownfield opportunity area;
    49    (2) the number and size of known or suspected brownfield sites;
    50    (3) current and anticipated uses of the  properties  in  the  proposed
    51  brownfield opportunity area;
    52    (4)  current  and  anticipated future conditions of groundwater in the
    53  proposed brownfield opportunity area;
    54    (5) known data about the environmental conditions of the properties in
    55  the proposed brownfield opportunity area;

        S. 7508--C                         11                         A. 9508--C
 
     1    (6) ownership of the properties in the proposed brownfield opportunity
     2  area and whether the owners are participating in the brownfield opportu-
     3  nity area planning process; and
     4    (7) preliminary descriptions of possible remediation strategies, reuse
     5  opportunities, necessary infrastructure improvements and other public or
     6  private measures needed to stimulate investment, promote revitalization,
     7  and enhance community health and environmental conditions.
     8    c. Funding preferences shall be given to applications for such assist-
     9  ance that relate to areas having one or more of the following character-
    10  istics:
    11    (1)  areas  for  which the application is a partnered application by a
    12  municipality and a community based organization;
    13    (2) areas with concentrations of known or suspected brownfield sites;
    14    (3) areas for which the application demonstrates support from a  muni-
    15  cipality and a community based organization;
    16    (4)  areas showing indicators of economic distress including low resi-
    17  dent  incomes,  high  unemployment,  high  commercial   vacancy   rates,
    18  depressed property values; and
    19    (5)  areas with known or suspected brownfield sites presenting strate-
    20  gic opportunities to stimulate economic development, community revitali-
    21  zation or the siting of public amenities.
    22    d. The secretary, upon the receipt of an application for such  assist-
    23  ance  from  a  community  based organization not in cooperation with the
    24  local government having jurisdiction over the proposed brownfield oppor-
    25  tunity area, shall request the municipal government to review and  state
    26  the  municipal government's support or lack of support; provided, howev-
    27  er, in the city of New York, such statement shall  be  provided  by  the
    28  community  board  or  boards  for the district or districts in which the
    29  proposed area  is  located.  The  municipal  government's  or  community
    30  board's statement shall be considered a part of the application.
    31    e. Each application for assistance shall be submitted to the secretary
    32  in  a  format,  and  containing  such  information, as prescribed by the
    33  secretary but shall include, at a minimum, the following:
    34    (1) a statement of the rationale or relationship between the  proposed
    35  assistance and the criteria set forth in this subdivision for the evalu-
    36  ation and ranking of assistance applications;
    37    (2)  the  processes by which local participation in the development of
    38  the application has been sought;
    39    (3) the process to be carried out with the state assistance including,
    40  but not limited to, the goals of and budget for  the  effort,  the  work
    41  plan  and  timeline  for the attainment of these goals, and the intended
    42  process for community participation in the process;
    43    (4) the manner and extent to which  public  or  governmental  agencies
    44  with jurisdiction over issues that will be addressed in the data gather-
    45  ing process will be involved in this process;
    46    (5) other planning and development initiatives proposed or in progress
    47  in the proposed brownfield opportunity area; and
    48    (6)  for  each community based organization which is an applicant or a
    49  co-applicant, a copy of its determination of tax exempt status issued by
    50  the federal internal revenue service pursuant  to  section  501  of  the
    51  internal  revenue  code,  a  description of the relationship between the
    52  community based organization and the area that is  the  subject  of  the
    53  application, its financial and institutional accountability, its experi-
    54  ence  in  conducting  and completing planning initiatives and in working
    55  with the local government associated with the proposed brownfield oppor-
    56  tunity area.

        S. 7508--C                         12                         A. 9508--C
 
     1    f. Prior to making an award for assistance, the secretary shall notify
     2  the temporary president of the senate and speaker of the assembly.
     3    g.  Following  notification  to the applicant that assistance has been
     4  awarded, and prior  to  disbursement  of  funds,  a  contract  shall  be
     5  executed  between the department and the applicant or co-applicants. The
     6  secretary shall establish terms and conditions for such contracts as the
     7  secretary deems appropriate, including provisions to define: applicant's
     8  work scope, work schedule, and deliverables; fiscal reports on  budgeted
     9  and  actual  use of funds expended; and requirements for submission of a
    10  final fiscal report. The contract shall also require the distribution of
    11  work products to the department, and, for community based organizations,
    12  to the applicant's municipality. Applicants shall be  required  to  make
    13  the results publicly available.
    14    3.  State  assistance for nominations to designate brownfield opportu-
    15  nity areas. a. Within the limits of appropriations therefor, the  secre-
    16  tary is authorized to provide, on a competitive basis, financial assist-
    17  ance  to  municipalities, to community based organizations, to community
    18  boards, or to municipalities and community based organizations acting in
    19  cooperation to prepare a nomination  for  designation  of  a  brownfield
    20  opportunity  area.  Such  financial  assistance  shall not exceed ninety
    21  percent of the costs of such nomination for any such area. A  nomination
    22  study  must  include  sufficient information to designate the brownfield
    23  opportunity area. The contents of the nomination study shall  be  devel-
    24  oped  based  on  pre-nomination  study  information, if conducted, which
    25  shall principally consist of an area-wide study, documenting the histor-
    26  ic brownfield uses in the area proposed for designation.
    27    b. An application for such financial assistance shall include an indi-
    28  cation of support from owners of brownfield sites in the proposed brown-
    29  field opportunity  area.  All  residents  and  property  owners  in  the
    30  proposed  brownfield  opportunity area shall receive notice in such form
    31  and manner as the secretary shall prescribe.
    32    c. No application for such financial assistance  shall  be  considered
    33  unless  the  applicant  demonstrates  that it has, to the maximum extent
    34  practicable, solicited and considered the  views  of  residents  of  the
    35  proposed brownfield opportunity area, the views of state and local offi-
    36  cials  elected  to  represent such residents and the local organizations
    37  representing such residents.
    38    d. Activities eligible to  receive  such  financial  assistance  shall
    39  include  the  identification,  preparation,  creation,  development  and
    40  assembly of information and elements to be included in a nomination  for
    41  designation  of a brownfield opportunity area, including but not limited
    42  to:
    43    (1) the borders of the proposed brownfield opportunity area;
    44    (2) the location and size of each known or suspected  brownfield  site
    45  in the proposed brownfield opportunity area;
    46    (3)  the  identification of strategic sites within the proposed brown-
    47  field opportunity area;
    48    (4) the type of potential developments anticipated  for  sites  within
    49  the  proposed brownfield opportunity area proposed by either the current
    50  or the prospective owners of such sites;
    51    (5) local legislative or regulatory action which may  be  required  to
    52  implement a plan for the redevelopment of the proposed brownfield oppor-
    53  tunity area;
    54    (6)  priorities  for  public and private investment in infrastructure,
    55  open space, economic development, housing, or  community  facilities  in
    56  the proposed brownfield opportunity area;

        S. 7508--C                         13                         A. 9508--C
 
     1    (7)  identification and mapping of current and anticipated uses of the
     2  properties and groundwater in the proposed brownfield opportunity area;
     3    (8)  existing detailed assessments of individual brownfield sites and,
     4  where the consent of the site owner has  been  obtained,  the  need  for
     5  conducting on-site assessments;
     6    (9) known data about the environmental conditions of properties in the
     7  proposed brownfield opportunity area;
     8    (10)  ownership of the known or suspected brownfield properties in the
     9  proposed brownfield opportunity area to the extent such  information  is
    10  publicly available;
    11    (11)  descriptions  of possible remediation strategies, reuse opportu-
    12  nities, brownfield redevelopment, necessary infrastructure  improvements
    13  and  other  public  or  private measures needed to stimulate investment,
    14  promote revitalization, and enhance community health  and  environmental
    15  conditions;
    16    (12)  the goals and objectives, both short term and long term, for the
    17  economic revitalization of the  proposed  brownfield  opportunity  area;
    18  [and]
    19    (13) the publicly controlled and other developable lands and buildings
    20  within  the  proposed  brownfield opportunity area which are or could be
    21  made   available   for   residential,    industrial    and    commercial
    22  development[.]; and
    23    (14)  a  community participation strategy to maximize public awareness
    24  and to solicit and consider the views of residents, businesses and other
    25  stakeholders of the proposed brownfield opportunity area.
    26    e. Funding preferences shall be given to applications for such assist-
    27  ance that relate to areas having one or more of the following character-
    28  istics:
    29    (1) areas for which the application is a partnered  application  by  a
    30  municipality and a community based organization;
    31    (2) areas with concentrations of known or suspected brownfield sites;
    32    (3)  areas for which the application demonstrates support from a muni-
    33  cipality and a community based organization;
    34    (4) areas showing indicators of economic distress including low  resi-
    35  dent   incomes,   high  unemployment,  high  commercial  vacancy  rates,
    36  depressed property values; and
    37    (5) areas with known or suspected brownfield sites presenting  strate-
    38  gic opportunities to stimulate economic development, community revitali-
    39  zation or the siting of public amenities.
    40    f.  Each  application  for  such  assistance shall be submitted to the
    41  secretary in a format, and containing such information, as prescribed by
    42  the secretary but shall include, at a minimum, the following:
    43    (1) a statement of the rationale or relationship between the  proposed
    44  assistance and the criteria set forth in this section for the evaluation
    45  and ranking of assistance applications;
    46    (2)  the  processes by which local participation in the development of
    47  the application has been sought;
    48    (3) the process to be carried out under the state  assistance  includ-
    49  ing,  but  not  limited  to, the goals of and budget for the effort, the
    50  work plan and timeline for  the  attainment  of  these  goals,  and  the
    51  intended process for public participation in the process;
    52    (4)  the  manner  and  extent to which public or governmental agencies
    53  with jurisdiction over issues that will be addressed in the data gather-
    54  ing process will be involved in this process;
    55    (5) other planning and development initiatives proposed or in progress
    56  in the proposed brownfield opportunity area;

        S. 7508--C                         14                         A. 9508--C
 
     1    (6) for each community based organization which is an applicant  or  a
     2  co-applicant, a copy of its determination of tax exempt status issued by
     3  the  federal  internal  revenue  service  pursuant to section 501 of the
     4  internal revenue code, a description of  the  relationship  between  the
     5  community  based  organization  and  the area that is the subject of the
     6  application, its financial and institutional accountability, its experi-
     7  ence in conducting and completing planning initiatives  and  in  working
     8  with the local government associated with the proposed brownfield oppor-
     9  tunity area; and
    10    (7)  the  financial  commitments the applicant will make to the brown-
    11  field opportunity area for activities including,  but  not  limited  to,
    12  marketing  of the area for business development, human resource services
    13  for residents and businesses in the  brownfield  opportunity  area,  and
    14  services for small and minority and women-owned businesses.
    15    g.  [The  secretary,  upon  the receipt of an] An application for such
    16  assistance from a community based organization not in  cooperation  with
    17  the  local  government  having jurisdiction over the proposed brownfield
    18  opportunity area, shall [request the municipal government to review  and
    19  state  the  municipal government's support or lack of support] include a
    20  resolution from the city, town, or village with planning  and  land  use
    21  authority  in which the brownfield opportunity area is proposed, stating
    22  support or lack of support; provided, however, in the city of New  York,
    23  such  resolution  shall be provided by the community board or boards for
    24  the district or districts in which the proposed area is  located.    The
    25  [municipal  government's  statement]  resolution  from  each city, town,
    26  village, or community board shall be considered a part of  the  applica-
    27  tion.
    28    h. Prior to making an award for assistance, the secretary shall notify
    29  the temporary president of the senate and speaker of the assembly.
    30    i.  Following  notification  to the applicant that assistance has been
    31  awarded, and prior  to  disbursement  of  funds,  a  contract  shall  be
    32  executed  between the department and the applicant or co-applicants. The
    33  secretary shall establish terms and conditions for such contracts as the
    34  secretary deems appropriate, including provisions to define: applicant's
    35  work scope, work schedule, and deliverables; fiscal reports on  budgeted
    36  and  actual  use of funds expended; and requirements for submission of a
    37  final fiscal report. The contract shall also require the distribution of
    38  work products to the department, and, for community based organizations,
    39  to the applicant's municipality. Applicants shall be  required  to  make
    40  the  results  publicly  available. Such contract shall further include a
    41  provision providing that if any responsible party payments become avail-
    42  able to the applicant, the  amount  of  such  payments  attributable  to
    43  expenses paid by the award shall be paid to the department by the appli-
    44  cant; provided that the applicant may first apply such responsible party
    45  payments toward any actual project costs incurred by the applicant.
    46    3-a. State assistance for activities to advance brownfield opportunity
    47  area  revitalization.  a.    Within  amounts  appropriated therefor, the
    48  secretary is authorized to provide, on a  competitive  basis,  financial
    49  assistance  to  municipalities,  to  community  based  organizations, to
    50  community boards, or to community based organizations acting in  cooper-
    51  ation with a municipality, to conduct predevelopment activities within a
    52  designated  brownfield opportunity area to advance the goals and priori-
    53  ties of the brownfield opportunity area program set forth in  the  nomi-
    54  nation  of  such area. Such financial assistance shall not exceed ninety
    55  percent of the costs of such activities. Activities eligible to  receive
    56  such assistance shall include: development and implementation of market-

        S. 7508--C                         15                         A. 9508--C

     1  ing  strategies;  development  of  plans and specifications; real estate
     2  services; building condition studies;  infrastructure  analyses;  zoning
     3  and  regulatory  updates;  environmental,  housing and economic studies,
     4  analyses and reports; and public outreach.
     5    b. Funding preferences shall be given to applications for such assist-
     6  ance that relate to areas having one or more of the following character-
     7  istics:
     8    (1)  areas showing indicators of economic distress including low resi-
     9  dent  incomes,  high  unemployment,  high  commercial   vacancy   rates,
    10  depressed property values; and
    11    (2)  areas with known or suspected brownfield sites presenting strate-
    12  gic opportunities to stimulate economic development, community revitali-
    13  zation or the siting of public amenities.
    14    c. Prior to making an award for assistance, the secretary shall notify
    15  the temporary president of the senate and speaker of the assembly.
    16    d. Following notification to the applicant that  assistance  has  been
    17  awarded,  and  prior  to  disbursement  of  funds,  a  contract shall be
    18  executed between the department and the applicant or co-applicants.  The
    19  secretary shall establish terms and conditions for such contracts as the
    20  secretary deems appropriate, including provisions to define: applicant's
    21  work  scope, work schedule, and deliverables; fiscal reports on budgeted
    22  and actual use of funds expended; and requirements for submission  of  a
    23  final fiscal report. The contract shall also require the distribution of
    24  work products to the department, and, for community based organizations,
    25  to  the  applicant's municipality.  Applicants shall be required to make
    26  the results publicly available. Such contract shall  further  include  a
    27  provision providing that if any responsible party payments become avail-
    28  able  to  the  applicant,  the  amount  of such payments attributable to
    29  expenses paid by the award shall be paid to the department by the appli-
    30  cant; provided that the applicant may first apply such responsible party
    31  payments toward any actual project costs incurred by the applicant.
    32    4. Designation of brownfield opportunity area. Upon  completion  of  a
    33  nomination for designation of a brownfield opportunity area, it shall be
    34  forwarded by the applicant to the secretary, who shall determine whether
    35  it  is consistent with the provisions of this section. The secretary may
    36  review and approve a nomination for designation of a brownfield opportu-
    37  nity area at any time. If the secretary determines that  the  nomination
    38  is consistent with the provisions of this section, the brownfield oppor-
    39  tunity  area  shall  be designated. If the secretary determines that the
    40  nomination is not consistent with the provisions of  this  section,  the
    41  secretary  shall make recommendations in writing to the applicant of the
    42  manner and nature in which the nomination should be amended.
    43    5. Priority and preference. The designation of a  brownfield  opportu-
    44  nity  area  pursuant  to this section is intended to serve as a planning
    45  tool.  It alone shall not impose any new obligations on any property  or
    46  property  owner. To the extent authorized by law, projects in brownfield
    47  opportunity areas designated pursuant to this section  shall  receive  a
    48  priority  and preference when considered for financial assistance pursu-
    49  ant to articles fifty-four and fifty-six of the environmental  conserva-
    50  tion law. To the extent authorized by law, projects in brownfield oppor-
    51  tunity  areas designated pursuant to this section may receive a priority
    52  and preference when considered for financial assistance pursuant to  any
    53  other state, federal or local law.
    54    6.  State  assistance  for  brownfield  site assessments in brownfield
    55  opportunity areas. a. Within the limits of appropriations therefor,  the
    56  secretary  of  state,  is authorized to provide, on a competitive basis,

        S. 7508--C                         16                         A. 9508--C
 
     1  financial assistance to municipalities,  to  community  based  organiza-
     2  tions,  to  community  boards,  or to municipalities and community based
     3  organizations acting in cooperation to conduct brownfield  site  assess-
     4  ments.  Such financial assistance shall not exceed ninety percent of the
     5  costs of such brownfield site assessment.
     6    b. Brownfield sites eligible for such assistance must be  owned  by  a
     7  municipality, or volunteer as such term is defined in section 27-1405 of
     8  the environmental conservation law.
     9    c. Brownfield site assessment activities eligible for funding include,
    10  but  are  not  limited to, testing of properties to determine the nature
    11  and extent of the contamination (including soil and groundwater),  envi-
    12  ronmental assessments, the development of a proposed remediation strate-
    13  gy  to  address  any  identified contamination, and any other activities
    14  deemed appropriate by the commissioner in consultation with  the  secre-
    15  tary  of  state.  Any  environmental  assessment shall be subject to the
    16  review and approval of such commissioner.
    17    d. Applications for such assistance shall be submitted to the  commis-
    18  sioner  in  a  format, and containing such information, as prescribed by
    19  the commissioner in consultation with the secretary of state.
    20    e. Funding preferences shall be given to applications for such assist-
    21  ance that relate to areas having one or more of the following character-
    22  istics:
    23    (1) areas for which the application is a partnered  application  by  a
    24  municipality and a community based organization;
    25    (2) areas with concentrations of known or suspected brownfield sites;
    26    (3)  areas for which the application demonstrates support from a muni-
    27  cipality and a community based organization;
    28    (4) areas showing indicators of economic distress including low  resi-
    29  dent   incomes,   high  unemployment,  high  commercial  vacancy  rates,
    30  depressed property values; and
    31    (5) areas with known or suspected brownfield sites presenting  strate-
    32  gic opportunities to stimulate economic development, community revitali-
    33  zation or the siting of public amenities.
    34    f.  The  commissioner,  upon  the  receipt  of an application for such
    35  assistance from a community based organization not in  cooperation  with
    36  the  local  government  having jurisdiction over the proposed brownfield
    37  opportunity area, shall request the municipal government to  review  and
    38  state the municipal government's support or lack of support. The munici-
    39  pal  government's  statement  shall be considered a part of the applica-
    40  tion.
    41    g. Prior to making an award for  assistance,  the  commissioner  shall
    42  notify  the  temporary  president  of  the senate and the speaker of the
    43  assembly.
    44    h. Following notification to the applicant that  assistance  has  been
    45  awarded,  and  prior  to  disbursement  of  funds,  a  contract shall be
    46  executed between the department and the applicant or co-applicants.  The
    47  commissioner  shall establish terms and conditions for such contracts as
    48  the commissioner deems appropriate in consultation with the secretary of
    49  state, including provisions to  define:  applicant's  work  scope,  work
    50  schedule, and deliverables; fiscal reports on budgeted and actual use of
    51  funds  expended;  and  requirements  for  submission  of  a final fiscal
    52  report. The  contract  shall  also  require  the  distribution  of  work
    53  products  to  the department, and, for community based organizations, to
    54  the applicant's municipality. Applicants shall be required to  make  the
    55  results  publicly  available.  Such  contract  shall  further  include a
    56  provision providing that if any responsible party payments become avail-

        S. 7508--C                         17                         A. 9508--C
 
     1  able to the applicant, the  amount  of  such  payments  attributable  to
     2  expenses paid by the award shall be paid to the department by the appli-
     3  cant; provided that the applicant may first apply such responsible party
     4  payments towards actual project costs incurred by the applicant.
     5    7.  Amendments  to designated area. Any proposed amendment to a brown-
     6  field opportunity area designated pursuant  to  this  section  shall  be
     7  proposed,  and  reviewed  by the secretary, in the same manner and using
     8  the same criteria set forth in this section and applicable to an initial
     9  nomination for the designation of a brownfield opportunity area.
    10    8. Applications. a. All applications for pre-nomination study  assist-
    11  ance  or  applications  for designation of a brownfield opportunity area
    12  shall demonstrate that the following community participation  activities
    13  have been or will be performed by the applicant:
    14    (1)  identification  of  the  interested  public  and preparation of a
    15  contact list;
    16    (2) identification of major issues of public concern;
    17    (3) [provision to] public access to (i) the draft and  final  applica-
    18  tion  for  pre-nomination  assistance  and  brownfield  opportunity area
    19  designation, and (ii) any supporting documents in a manner convenient to
    20  the public;
    21    (4) public notice and newspaper notice of (i) the intent of the  muni-
    22  cipality  and/or community based organization to undertake a pre-nomina-
    23  tion process or prepare a brownfield opportunity area plan, and (ii) the
    24  availability of such application.
    25    b. Application for nomination of a brownfield opportunity  area  shall
    26  provide the following minimum community participation activities:
    27    (1) a comment period of at least thirty days on a draft application;
    28    (2)  a  public meeting on a brownfield opportunity area draft applica-
    29  tion.
    30    9. Financial assistance; advance payment.  Notwithstanding  any  other
    31  law  to  the  contrary,  financial  assistance  pursuant to this section
    32  provided by the commissioner and the secretary pursuant to  an  executed
    33  contract may include an advance payment up to twenty-five percent of the
    34  contract amount.
    35    10.  The secretary shall establish criteria for brownfield opportunity
    36  area conformance determinations for purposes of the brownfield  redevel-
    37  opment  tax credit component pursuant to clause (ii) of subparagraph (B)
    38  of paragraph [(5)] five of subdivision (a) of section twenty-one of  the
    39  tax law. In establishing criteria, the secretary shall be guided by, but
    40  not  limited  to, the following considerations: how the proposed use and
    41  development advances the designated brownfield opportunity  area  plan's
    42  vision  statement,  goals  and  objectives  for  revitalization; how the
    43  density of development and associated buildings and structures  advances
    44  the  plan's objectives, desired redevelopment and priorities for invest-
    45  ment; and how the project complies with zoning and other local laws  and
    46  standards to guide and ensure appropriate use of the project site.
    47    § 2. This act shall take effect immediately.
 
    48                                   PART V
 
    49    Section 1. Section 159-j of the executive law is REPEALED.
    50    § 2. This act shall take effect October 1, 2018.
 
    51                                   PART W

        S. 7508--C                         18                         A. 9508--C
 
     1    Section  1.  Prohibition  against  denial, suspension or revocation of
     2  professional licenses for failure to pay student  loans.    1.  Notwith-
     3  standing any other provision of law, rule or regulation to the contrary,
     4  all agencies, departments, offices, boards or other instrumentalities of
     5  the  state,  authorized  to issue professional licenses, certificates or
     6  registrations in the state, shall be prohibited from taking any  adverse
     7  action against any licensee, certificate holder or registrant, including
     8  but  not  limited to any fine, nonrenewal, suspension or revocation of a
     9  professional license, certificate or registration, based upon the status
    10  of any student loan obligation of such licensee, certificate  holder  or
    11  registrant.
    12    2.  Notwithstanding  any other provision of law, rule or regulation to
    13  the contrary,  all  agencies,  departments,  offices,  boards  or  other
    14  instrumentalities   of  the  state,  authorized  to  issue  professional
    15  licenses, certificates or registrations in the state, shall be prohibit-
    16  ed from taking any adverse action related to the issuance of  a  profes-
    17  sional  license,  certificate  or registration against any individual or
    18  applicant for  a  professional  license,  certificate  or  registration,
    19  including  but  not  limited  to  the  denial of a professional license,
    20  certificate or registration, or the disapproval of an application for  a
    21  professional license, certificate or registration, based upon the status
    22  of  any  student  loan  obligation of such individual or applicant for a
    23  professional license, certificate or registration.
    24    3. For purposes of this section "professional license, certificate  or
    25  registration"  shall mean any authorization, licensure, certification or
    26  registration of any individual to practice any professional activity  in
    27  the state, whether temporary or permanent, issued by any agency, depart-
    28  ment,  office, board, or any other instrumentality of the state, includ-
    29  ing but not limited to any and all licenses, certificates  or  registra-
    30  tions  issued  pursuant  to  the  education  law,  any and all licenses,
    31  certifications or registrations issued by the department of  state,  and
    32  any and all licenses to practice law issued or overseen by the courts of
    33  the state of New York.
    34    4.  For  purposes  of  this section "student loan" means any loan to a
    35  borrower to finance postsecondary education or expenses related to post-
    36  secondary education.
    37    § 2. This act shall take effect immediately.
 
    38                                   PART X
 
    39    Section 1. Section 2 of chapter 584 of the laws of 2011, amending  the
    40  public authorities law relating to the powers and duties of the dormito-
    41  ry  authority  of the state of New York relative to the establishment of
    42  subsidiaries for certain purposes, as amended by section 1 of part P  of
    43  chapter 58 of the laws of 2016, is amended to read as follows:
    44    §  2.  This  act shall take effect immediately and shall expire and be
    45  deemed repealed on July 1, [2018] 2020; provided however, that the expi-
    46  ration of this act shall not impair  or  otherwise  affect  any  of  the
    47  powers,  duties,  responsibilities,  functions, rights or liabilities of
    48  any subsidiary duly  created  pursuant  to  subdivision  twenty-five  of
    49  section 1678 of the public authorities law prior to such expiration.
    50    § 2. This act shall take effect immediately.
 
    51                                   PART Y

        S. 7508--C                         19                         A. 9508--C
 
     1    Section  1.  Section  3  of  part S of chapter 58 of the laws of 2016,
     2  amending the New York state urban development corporation  act  relating
     3  to  transferring the statutory authority for the promulgation of market-
     4  ing orders from the department of agriculture and  markets  to  the  New
     5  York state urban development corporation, is amended to read as follows:
     6    §  3.  This  act shall take effect on the ninetieth day after it shall
     7  have become a law [and shall expire and be  deemed  repealed  two  years
     8  after  such date] and shall expire and be deemed repealed July 31, 2021;
     9  provided, however, that  any  assessment  due  and  payable  under  such
    10  marketing  orders shall be remitted to the urban development corporation
    11  starting 30 days after such effective date.
    12    § 2. This act shall take effect immediately.
 
    13                                   PART Z
 
    14                            Intentionally Omitted

    15                                   PART AA
 
    16    Section 1. Subdivision 3 of section 92-s of the state finance law,  as
    17  amended  by section 2-a of part JJ of chapter 58 of the laws of 2017, is
    18  amended to read as follows:
    19    3. Such fund shall consist of the amount of revenue  collected  within
    20  the  state  from the amount of revenue, interest and penalties deposited
    21  pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
    22  amount  of fees and penalties received from easements or leases pursuant
    23  to subdivision fourteen of section seventy-five of the public lands  law
    24  and  the  money  received  as annual service charges pursuant to section
    25  four hundred four-n of the vehicle and traffic law, all moneys  required
    26  to  be  deposited  therein from the contingency reserve fund pursuant to
    27  section two hundred ninety-four of chapter fifty-seven of  the  laws  of
    28  nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
    29  pursuant to section thirteen of chapter six hundred ten of the  laws  of
    30  nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
    31  section 54-0511 of the environmental conservation law, all moneys to  be
    32  deposited from the Northville settlement pursuant to section one hundred
    33  twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
    34  hundred ninety-six, provided however, that such  moneys  shall  only  be
    35  used  for  the cost of the purchase of private lands in the core area of
    36  the central Suffolk pine barrens pursuant to a consent  order  with  the
    37  Northville  industries  signed  on  October thirteenth, nineteen hundred
    38  ninety-four and the related resource restoration and  replacement  plan,
    39  the  amount  of  penalties  required  to be deposited therein by section
    40  71-2724 of the environmental conservation law, all moneys required to be
    41  deposited pursuant to article thirty-three of the environmental  conser-
    42  vation  law, all fees collected pursuant to subdivision eight of section
    43  70-0117 of the environmental  conservation  law,  all  moneys  collected
    44  pursuant  to  title thirty-three of article fifteen of the environmental
    45  conservation law, beginning with the fiscal  year  commencing  on  April
    46  first,  two  thousand thirteen, nineteen million dollars, and all fiscal
    47  years thereafter, twenty-three million dollars plus all  funds  received
    48  by  the  state  each  fiscal year in excess of the greater of the amount
    49  received from April first, two thousand  twelve  through  March  thirty-
    50  first,  two  thousand  thirteen  or  one  hundred twenty-two million two
    51  hundred thousand dollars, from the payments collected pursuant to subdi-
    52  vision four of section 27-1012 of the environmental conservation law and

        S. 7508--C                         20                         A. 9508--C
 
     1  all funds collected pursuant to section  27-1015  of  the  environmental
     2  conservation  law,  [provided  such  funds  shall  not be less than four
     3  million dollars for the fiscal year commencing April first, two thousand
     4  thirteen,  and  not less than eight million dollars for all fiscal years
     5  thereafter] and all other moneys credited or  transferred  thereto  from
     6  any  other  fund  or  source  pursuant to law. All such revenue shall be
     7  initially deposited into the environmental protection fund, for applica-
     8  tion as provided in subdivision five of this section.
     9    § 2. Paragraph (i) of subdivision 2 and  paragraphs  (k)  and  (l)  of
    10  subdivision 3 of section 97-b of the state finance law are REPEALED.
    11    §  3.  Subdivision  1  of  section  97-b  of the state finance law, as
    12  amended by section 5 of part T of chapter 57 of the  laws  of  2017,  is
    13  amended to read as follows:
    14    1. There is hereby established in the custody of the state comptroller
    15  a nonlapsing revolving fund to be known as the "hazardous waste remedial
    16  fund",  which  shall  consist  of a "site investigation and construction
    17  account", an "industry fee transfer account", an "environmental restora-
    18  tion project account", "hazardous waste cleanup account", and a "hazard-
    19  ous waste remediation oversight and assistance account"[, a "solid waste
    20  mitigation account", and a "drinking water response account"].
    21    § 4. Subdivisions 4 and 7 of  section  27-1201  of  the  environmental
    22  conservation  law  are  REPEALED and subdivisions 5, 6, and 8 are renum-
    23  bered subdivisions 4, 5, and 6.
    24    § 5. Subdivision 6 of section 27-1203 of the  environmental  conserva-
    25  tion  law,  as added by section 4 of part T of chapter 57 of the laws of
    26  2017, is amended to read as follows:
    27    6. Where the department has determined through a preliminary  investi-
    28  gation  conducted  pursuant  to  subdivision four of this section that a
    29  solid waste site is causing or  substantially  contributing  to  contam-
    30  ination  of  a  public drinking water supply, the owner or operator of a
    31  solid waste site shall, at the department's written  request,  cooperate
    32  with  any  and all remedial measures deemed necessary and which shall be
    33  undertaken by the department, in  conjunction  with  the  department  of
    34  health, for the mitigation and remediation of a solid waste site or area
    35  which is necessary to ensure that drinking water meets applicable stand-
    36  ards, including maximum contaminant levels, notification levels, maximum
    37  residual  disinfectant  levels,  or  action  levels  established  by the
    38  department of health. The department may implement necessary measures to
    39  mitigate and remediate the solid waste site within amounts  appropriated
    40  for such purposes from the solid waste mitigation [account] program.
    41    §  6. Paragraph b of subdivision 6, subdivision 9, subdivision 11, and
    42  paragraph e of subdivision 12 of section 27-1205  of  the  environmental
    43  conservation  law,  as added by section 4 of part T of chapter 57 of the
    44  laws of 2017, are amended to read as follows:
    45    b. the threat makes it prejudicial to the  public  interest  to  delay
    46  action  until  a hearing can be held pursuant to this title, the depart-
    47  ment may, pursuant to paragraph a of subdivision three of  this  section
    48  and within the funds available to the department from the drinking water
    49  response  [account]  program, develop and implement, in conjunction with
    50  the department of health, all reasonable and  necessary  mitigation  and
    51  remedial  measures to address drinking water contamination for such site
    52  to ensure that drinking  water  meets  applicable  standards,  including
    53  maximum contaminant levels, notification levels, maximum residual disin-
    54  fectant levels or action levels established by the department of health.
    55  Findings  required  pursuant to this subdivision shall be in writing and

        S. 7508--C                         21                         A. 9508--C
 
     1  may be made by the commissioner of health on an ex parte  basis  subject
     2  to judicial review.
     3    9.  When a municipality develops and implements remediation to address
     4  a drinking water contamination site, determined pursuant to  subdivision
     5  four  of  this  section,  and the plan is approved by the department, in
     6  conjunction with the department of health, which is owned  or  has  been
     7  operated  by  such  municipality  or when the department, in conjunction
     8  with the department of health, pursuant to an agreement with  a  munici-
     9  pality,  develops  and  implements  such  remediation,  the commissioner
    10  shall, in the name of the state, agree in such agreement to provide from
    11  the drinking water response [account] program, within the limitations of
    12  appropriations therefor, seventy-five percent of the eligible design and
    13  construction costs of such program for which such municipality is liable
    14  solely because of its ownership and/or operation of such site and  which
    15  are  not  recovered from or reimbursed or paid by a responsible party or
    16  the federal government.
    17    11. Moneys for actions taken or to be taken  by  the  department,  the
    18  department  of  health  or any other state agency pursuant to this title
    19  shall be payable directly to  such  agencies  from  the  drinking  water
    20  response  [account]  program  pursuant  to section ninety-seven-b of the
    21  state finance law.
    22    e. The expense of any such mitigation by the department or the depart-
    23  ment of health shall be paid by the drinking  water  response  [account]
    24  program,  but may be recovered from any responsible person in any action
    25  or proceeding brought pursuant to the state  finance  law,  this  title,
    26  other  state  or federal statute, or common law if the person so author-
    27  ized in writing is an employee, agent, consultant, or  contractor  of  a
    28  responsible  person  acting at the direction of the department, then the
    29  expense of any such sampling and analysis shall be paid by the responsi-
    30  ble person.
    31    § 7. The section heading and  subdivisions  2,  3  and  4  of  section
    32  27-1207  of the environmental conservation law, as added by section 4 of
    33  part T of chapter 57 of the laws of 2017, are amended and a new subdivi-
    34  sion 5 is added to read as follows:
    35    Use and reporting of the solid waste mitigation [account] program  and
    36  the drinking water response [account] program.
    37    2.  The solid waste mitigation [account] program shall receive no more
    38  than twenty-five million dollars from the clean water infrastructure act
    39  of 2017 and be made available to the department and  the  department  of
    40  health, as applicable, for the following purposes:
    41    a. enumeration and assessment of solid waste sites;
    42    b.  investigation  and  environmental  characterization of solid waste
    43  sites, including environmental sampling;
    44    c. mitigation and remediation of solid waste sites;
    45    d. monitoring of solid waste sites; and
    46    e. administration and  enforcement  of  the  requirements  of  section
    47  27-1203 of this title.
    48    3. The drinking water response [account] program shall receive no more
    49  than twenty million dollars annually from the clean water infrastructure
    50  act  of  2017 and be made available to the department and the department
    51  of health, as applicable, for the following purposes:
    52    a. mitigation of drinking water contamination;
    53    b. investigation of drinking water contamination;
    54    c. remediation of drinking water contamination; and
    55    d. administration and enforcement of the requirements  of  this  title
    56  except the provisions of section 27-1203.

        S. 7508--C                         22                         A. 9508--C
 
     1    4.  On  or  before July first, two thousand nineteen and July first of
     2  each succeeding year, the department shall report on the status  of  the
     3  programs.  Such status report shall reflect information available to the
     4  department as of March thirty-first of  each  year,  and  shall  include
     5  information  regarding  the  number  of  sites  referred to the inactive
     6  hazardous waste disposal site  remedial  program  based  on  information
     7  obtained pursuant to this title and an accounting of all monies expended
     8  or  encumbered  from  the clean water infrastructure act of two thousand
     9  seventeen during the preceding fiscal year, such accounting to separate-
    10  ly list:
    11    a. monies expended or encumbered for the purpose  of  conducting  site
    12  investigations;
    13    b. monies expended or encumbered for the purpose of conducting remedi-
    14  al investigations and feasibility studies;
    15    c. monies expended for mitigation and remediation measures; and
    16    d.  an  accounting  of  payments received and payments obligated to be
    17  received pursuant to this  title,  and  a  report  of  the  department's
    18  attempts to secure such obligations.
    19    5.  all  moneys  recovered pursuant to title twelve of article twenty-
    20  seven of this chapter shall be deposited into the capital projects  fund
    21  (30000),  provided that such moneys recovered shall be used for the same
    22  purposes as are authorized by this title.
    23    § 8. This act shall take effect immediately.
 
    24                                   PART BB
 
    25                            Intentionally Omitted
 
    26                                   PART CC
 
    27    Section 1. Subdivisions 10 and 11 of section 57-0107 of  the  environ-
    28  mental  conservation law, as amended by chapter 267 of the laws of 2015,
    29  are amended to read as follows:
    30    10. "Central Pine Barrens area" shall  mean  the  contiguous  area  as
    31  described and bounded as follows:
    32    Beginning  at a point where the southerly side of Route 25A intersects
    33  the easterly side of Miller Place Road; thence southward along the east-
    34  erly boundary of Miller Place Road to  Helme  Avenue;  thence  southward
    35  along  the  easterly  boundary  of  Helme  Avenue to Miller Place-Middle
    36  Island Road; thence southward along  the  easterly  boundary  of  Miller
    37  Place-Middle  Island  Road  to  Whiskey  Road; thence westward along the
    38  southerly boundary of Whiskey Road to  Mount  Sinai-Coram  Road;  thence
    39  southward  along  the  easterly  boundary  of  Mount Sinai-Coram Road to
    40  Middle Country Road (Route 25);  thence  westward  along  the  southerly
    41  boundary  of  Route  25 to Patchogue-Mount Sinai Road (County Route 83);
    42  thence southward along the easterly boundary of County Route 83 to Bicy-
    43  cle Path Drive; thence southeastward along the easterly side of  Bicycle
    44  Path  Drive  to Mt. McKinley Avenue; thence southward along the easterly
    45  boundary of Mt. McKinley Avenue to  Granny  Road;  thence  northeastward
    46  along  the northerly boundary of Granny Road to Port Jefferson-Patchogue
    47  Road (Route 112); thence southward along the easterly boundary of  Route
    48  112  to  Horse  Block  Road (County Route 16); thence eastward along the
    49  northerly boundary of County Route 16 to Maine Avenue; thence  northward
    50  along the westerly boundary of Maine Avenue to Fire Avenue; thence east-
    51  ward  along  the  northerly  boundary  of  Fire Avenue to John Roe Smith
    52  Avenue; thence southward along the easterly boundary of John  Roe  Smith

        S. 7508--C                         23                         A. 9508--C
 
     1  Avenue  to  Jeff Street; thence eastward along the northerly boundary of
     2  Jeff Street to Hagerman Avenue;  thence  southward  along  the  easterly
     3  boundary  of  Hagerman Avenue to the Long Island Expressway (Route 495);
     4  thence eastward along the northerly boundary of Route 495 to the wester-
     5  ly  side  of Yaphank Avenue (County Road 21); thence southward along the
     6  westerly side of Yaphank Avenue to the south side  of  the  Long  Island
     7  Expressway  (Route 495); thence eastward along the southerly side of the
     8  Long Island Expressway (Route 495)  to  the  easterly  side  of  Yaphank
     9  Avenue;  thence  southward  along  the  easterly side of Yaphank Avenue,
    10  crossing Sunrise Highway (Route 27) to the south side of Montauk Highway
    11  (County Road 80); thence southwestward along the south side  of  Montauk
    12  Highway  (County  Road 80) to South Country Road; thence southward along
    13  the easterly side of South Country Road to Fireplace Neck  Road;  thence
    14  southward  along  the easterly side of Fireplace Neck Road to Beaver Dam
    15  Road; thence eastward along the northerly side of Beaver Dam Road to the
    16  westerly boundary of the Carmans River and the lands owned by the United
    17  States known as Wertheim National Wildlife Refuge (the "Refuge"); thence
    18  generally westerly and southerly to the waters of Bellport  Bay;  thence
    19  generally easterly across the Bay and northerly along the easterly boun-
    20  dary of the Refuge, including all lands currently part of the Refuge and
    21  any lands which may become part of the Refuge in the future, to the east
    22  side  of the southern terminus of Smith Road; thence northward along the
    23  easterly side of Smith Road to the southwesterly corner of the  property
    24  identified  as  District  200,  Section  974.50, Block 1, Lot 11; thence
    25  eastward, northward and westward in a counter-clockwise direction  along
    26  the  southern,  eastern  and northern boundaries of that property to the
    27  easterly side of Smith Road; thence northward along  the  east  side  of
    28  Smith  Road  to  Merrick  Road; thence northeasterly along the northerly
    29  side of Merrick Road to the easterly  side  of  Surrey  Circle  and  the
    30  southwest  corner  of  the  property identified as District 200, Section
    31  880, Block 3, Lot 58.1; running thence easterly along the southerly side
    32  of said lot to the west side of William Floyd Parkway (County Road  46);
    33  thence northerly along the westerly side of William Floyd Parkway (Coun-
    34  ty  Road  46),  crossing  Route  27, to the Long Island Railroad (LIRR);
    35  thence eastward along the northerly boundary of  the  Long  Island  Rail
    36  Road  tracks  7,500 feet; thence southward 500 feet; thence eastward 525
    37  feet to the intersection of North Street and Manor-Yaphank Road;  thence
    38  southward  along  the easterly boundary of Manor-Yaphank Road to Morich-
    39  es-Middle Island Road; thence eastward along the northerly  boundary  of
    40  Moriches-Middle Island Road to a point due north of the easterly bounda-
    41  ry of Cranford Boulevard; thence southward across Moriches-Middle Island
    42  Road and along the easterly boundary of Cranford Boulevard to the south-
    43  western  corner of the property identified as District 200, Section 645,
    44  Block 3, Lot 29.1; thence southeastward along the southerly boundary  of
    45  said  property  to its intersection with property identified as District
    46  200, Section 712, Block 9, Lot 1; thence generally southward  along  the
    47  westerly boundary of said property to its intersection with the norther-
    48  ly  side  of  the  eastward  extension  of Grove Drive; thence southward
    49  crossing Grove Drive to its south side; thence westward along the south-
    50  erly boundary of the Grove Drive  road  extension  to  the  northwestern
    51  corner of the property identified as District 200, Section 749, Block 3,
    52  Lot  41.1;  and  comprised of parcels owned by the county of Suffolk and
    53  the town of Brookhaven; thence southward to the southwestern  corner  of
    54  property  identified  as  District  200,  Section  749, Block 3, Lot 43;
    55  thence eastward along the southerly boundary of  said  property  to  the
    56  west side of Lambert Avenue; thence crossing Lambert Avenue to its east-

        S. 7508--C                         24                         A. 9508--C
 
     1  erly  side;  thence  southward  along  the  easterly boundary of Lambert
     2  Avenue to the northerly boundary of the Sunrise  Highway  Service  Road;
     3  thence northeastward along the northerly boundary of the Sunrise Highway
     4  Service Road to Barnes Road; thence northward along the westerly bounda-
     5  ry  of  Barnes Road to the northeastern corner of property identified as
     6  District 200, Section 750, Block 3, Lot 40.2; thence westward along  the
     7  northerly  boundary  of  said  property  to  the  property identified as
     8  District 200, Section 713, Block 1, Lot 2;  thence  westward  along  the
     9  northerly  boundary of property identified as District 200, Section 713,
    10  Block 1, Lot 1; thence northward along the westerly side of Weeks Avenue
    11  to the northeastern corner  of  property  identified  as  District  200,
    12  Section 713, Block 3, Lot 1; thence westward along the northerly bounda-
    13  ry of said property to Michigan Avenue; thence northward along the east-
    14  erly  boundary  of  Michigan  Ave to Moriches-Middle Island Road; thence
    15  eastward along the northerly boundary of Moriches-Middle Island Road  to
    16  Sunrise Highway (Route 27); thence eastward along the northerly boundary
    17  of  Route  27  to  an old railroad grade (unpaved); thence southeastward
    18  along the northerly boundary of the old railroad grade (unpaved) to  Old
    19  County  Road (Route 71); thence eastward along the northerly boundary of
    20  Route 71 to the Long Island Rail Road tracks; thence eastward along  the
    21  northerly  boundary of the Long Island Rail Road tracks to Montauk High-
    22  way; thence eastward along the northerly boundary of Montauk Highway  to
    23  Route  24;  thence  northward along the westerly boundary of Route 24 to
    24  Sunrise Highway (Route 27); thence eastward along the northerly boundary
    25  of Route 27 to Squiretown Road;  thence  northward  along  the  westerly
    26  boundary  of  Squiretown  Road  to Upper Red Creek Road; thence westward
    27  along the southern boundary of Upper Red Creek to Lower Red Creek  Road;
    28  thence  southward along the easterly boundary of Lower Red Creek Road to
    29  Hubbard County Park; thence westward  along  the  northern  boundary  of
    30  Hubbard  County  Park  to Riverhead-Hampton Bays Road (Route 24); thence
    31  westward along the southerly boundary of Route  24  to  Peconic  Avenue;
    32  thence  northward  along  the westerly boundary of Peconic Avenue to the
    33  Riverhead-Southampton border; thence westward along the Riverhead-South-
    34  ampton border and the Riverhead-Brookhaven  border  to  the  Forge  Road
    35  Bridge;  thence  northward along the westerly boundary of the Forge Road
    36  Bridge to Forge Road; thence northwestward along the  westerly  boundary
    37  of Forge Road to the railroad tracks; thence northward along the wester-
    38  ly  boundary of Forge Road (unpaved) to the intersection of Route 25 and
    39  River Road; thence westward along the southerly boundary of  River  Road
    40  to  Edwards  Avenue;  thence  northward  along  the westerly boundary of
    41  Edwards Avenue 3,800 feet; thence westward 4,400  feet  to  an  unnamed,
    42  unpaved  road;  thence  northward  along  the  westerly  boundary of the
    43  unnamed, unpaved road 150 feet; thence westward and northwestward  along
    44  the  eastern boundary of the United States Navy/Grumman Aerospace Corpo-
    45  ration property (as of 1982) up to its intersection with Middle  Country
    46  Road  (Route  25); thence westward along the southerly boundary of Route
    47  25 to the intersection of Route 25 and 25A; thence northeastward,  west-
    48  ward,  and  southwestward along the eastern and northern boundary of the
    49  United States  Navy/Grumman  Aerospace  Corporation  (as  of  1982)  and
    50  located  immediately  east  of Route 25A, to its intersection with Route
    51  25A; thence westward along the southerly boundary  of  Route  25A  to  a
    52  point  due  south  of  the  southeast corner of the parcel identified as
    53  District 200, Section 128,  Block  1,  lot  3.1;  thence  northeastward,
    54  northward and westward along the southerly, easterly and northerly sides
    55  of the parcel identified as District 200, section 128, Block 1, lot 1 to
    56  the  southeast  corner of the parcel identified as District 200, Section

        S. 7508--C                         25                         A. 9508--C
 
     1  82, Block 1, Lot 5.2; thence northward  along  the  east  side  of  this
     2  parcel  to  North  Country Road; thence northward crossing North Country
     3  Road to its northerly side; thence eastward along the northerly side  of
     4  North Country Road to the Brookhaven Town-Riverhead Town line; thence in
     5  a  generally  northwestward direction along said town line to a point in
     6  Wading River Creek with the coordinates 40.96225 latitude and -72.863633
     7  longitude; thence westward a distance of approximately 90  feet  to  the
     8  easterly  side  of  LILCO Road; thence southward along LILCO Road to its
     9  intersection with the north side of North Country Road; thence  westward
    10  along  the  north  side of North Country Road to the southeast corner of
    11  the parcel identified as District 200,  Section  39,  Block  1,  Lot  2;
    12  thence  in  a  northward  and  westward direction along the easterly and
    13  northerly sides of said parcel to its northwest corner; thence northward
    14  along the westerly boundary of the parcel identified  as  District  200,
    15  Section 83, Block 1, Lot 1.4 to its northwest corner; and thence contin-
    16  uing  in  a  westward  direction  along the northerly side of the parcel
    17  identified as District 200, Section 39, Block 1, Lot 1.2 and the  south-
    18  erly extent of Long Island Sound to the northwest corner of the property
    19  identified  as District 200, Section 39, Block 1, Lot 1.2; thence south-
    20  ward along the westerly boundary of said property to North Country Road;
    21  thence west along the southerly boundary of North Country  Road  to  the
    22  northwestern  corner of property identified as District 200, Section 82,
    23  Block 1, Lot 1.1; thence south along the westerly boundary of said prop-
    24  erty and the westerly boundary of the property  identified  as  District
    25  200,  Section  82,  Block 1, Lot 1.2 to the northwest corner of property
    26  identified as District 200, Section 82, Block 1, Lot 5.1; thence  south-
    27  ward  along  the  westerly  boundary  of  said property to the northeast
    28  corner of the property identified as District 200, Section 105, Block 3,
    29  Lot 5, thence southward along the easterly boundary of said property  to
    30  the  north side of Route 25A; thence southward crossing Route 25A to its
    31  south side; thence westward along the southerly boundary of Route 25A to
    32  the point or place of beginning,  and  excluding  [one]  three  distinct
    33  [area]  areas  described as follows: The first area defined as beginning
    34  at a point where the westerly side of William Floyd Parkway (County Road
    35  46) meets northerly side of the  Long  Island  Railroad  (LIRR);  thence
    36  westward  along the northerly side of the LIRR to Moriches-Middle Island
    37  Road; thence generally northwestward along the northerly side of Morich-
    38  es-Middle Island Road to the southerly side of  Long  Island  Expressway
    39  (Route 495); thence eastward along the southerly side of the Long Island
    40  Expressway  (Route  495)  to  the westerly side of William Floyd Parkway
    41  (County Road 46); thence southward along the westerly  side  of  William
    42  Floyd  Parkway  (County Road 46) and containing the subdivision known as
    43  RB Industrial Park, to the point or place of beginning  and  the  second
    44  area  defined  as  the  property  described as District 200, Section 39,
    45  Block 1, Lot 1.1 and the third area defined as all parcels of real prop-
    46  erty identified as follows:
    47    district 200, section 749, block 6, lot 24;
    48    district 200, section 749, block 6, lot 25;
    49    district 200, section 750, block 2, lot 27.1;
    50    district 200, section 749, block 6, lot 14;
    51    district 200, section 713, block 1, lot 2;
    52    district 200, section 750, block 2, lot 38;
    53    district 200, section 750, block 2, lot 39;
    54    district 200, section 749, block 6, lot 26;
    55    district 200, section 749, block 6, lot 22;
    56    district 200, section 713, block 3, lot 2.3;

        S. 7508--C                         26                         A. 9508--C
 
     1    district 200, section 713, block 3, lot 2.1;
     2    district 200, section 786, block 3, lot 13;
     3    district 200, section 786, block 3, lot 14.2;
     4    district 200, section 750, block 2, lot 8;
     5    district 200, section 749, block 6, lot 13;
     6    district 200, section 749, block 6, lot 20.2;
     7    district 200, section 786, block 3, lot 7;
     8    district 200, section 749, block 6, lot 23.1;
     9    district 200, section 749, block 6, lot 20.1;
    10    district 200, section 674, block 1, lot 39;
    11    district 200, section 749, block 6, lot 15;
    12    district 200, section 712, block 9, lot 1;
    13    district 200, section 674, block 1, lot 38;
    14    district 200, section 750, block 3, lot 40.1;
    15    district 200, section 749, block 6, lot 21;
    16    district 200, section 674, block 1, lot 35;
    17    district 200, section 786, block 3, lot 1.1;
    18    district 200, section 749, block 3, lot 43;
    19    district 200, section 750, block 3, lot 19.1;
    20    district 200, section 750, block 3, lot 19.2;
    21    district 200, section 750, block 3, lot 19.3;
    22    district 200, section 750, block 3, lot 19.4;
    23    district 200, section 750, block 3, lot 19.5;
    24    district 200, section 750, block 3, lot 19.6;
    25    district 200, section 750, block 3, lot 19.7;
    26    district 200, section 750, block 2, lot 7.1;
    27    district 200, section 750, block 2, lot 7.2;
    28    district 200, section 750, block 2, lot 37;
    29    district 200, section 713, block 1, lot 1;
    30    district 200, section 786, block 3, lot 3;
    31    district 200, section 786, block 3, lot 4;
    32    district 200, section 786, block 3, lot 6;
    33    district 200, section 786, block 3, lot 1.2;
    34    district 200, section 786, block 3, lot 8;
    35    district 200, section 750, block 3, lot 25.1;
    36    district 200, section 750, block 3, lot 26.1;
    37    district 200, section 750, block 3, lot 39.1;
    38    district 200, section 750, block 3, lot 6.1;
    39    district 200, section 750, block 2, lot 24;
    40    district 200, section 750, block 2, lot 35;
    41    district 200, section 750, block 2, lot 36.1;
    42    district 200, section 750, block 3, lot 42.1;
    43    district 200, section 750, block 3, lot 5.1;
    44    district 200, section 749, block 7, lot 15;
    45    district 200, section 749, block 7, lot 16;
    46    district 200, section 786, block 3, lot 9;
    47    district 200, section 750, block 3, lot 37.1;
    48    district 200, section 749, block 6, lot 10;
    49    district 200, section 749, block 6, lot 7;
    50    district 200, section 786, block 3, lot 14.1;
    51    district 200, section 749, block 6, lot 23.2;
    52    district 200, section 749, block 6, lot 11;
    53    district 200, section 749, block 6, lot 5;
    54    district 200, section 750, block 2, lot 21.1;
    55    district 200, section 750, block 3, lot 35.1;
    56    district 200, section 750, block 3, lot 35.2;

        S. 7508--C                         27                         A. 9508--C
 
     1    district 200, section 749, block 6, lot 9;
     2    district 200, section 749, block 7, lot 18.1;
     3    district 200, section 750, block 2, lot 20;
     4    district 200, section 750, block 2, lot 22.1;
     5    district 200, section 750, block 2, lot 25.2;
     6    district 200, section 750, block 2, lot 25.1;
     7    district 200, section 750, block 2, lot 33;
     8    district 200, section 750, block 3, lot 40.2;
     9    district 200, section 750, block 2, lot 23.1;
    10    district 200, section 750, block 2, lot 34;
    11    district 200, section 750, block 3, lot 41.1;
    12    district 200, section 750, block 2, lot 18;
    13    district 200, section 749, block 7, lot 14;
    14    district 200, section 749, block 7, lot 43;
    15    district 200, section 749, block 6, lot 4.4;
    16    district 200, section 749, block 6, lot 12.3.
    17    11.  "Core preservation area" shall mean the core preservation area of
    18  the Central Pine Barrens area which comprise the largest intact areas of
    19  undeveloped pine barrens as described and bounded as follows:
    20    Beginning at a point where the northwestern corner  of  the  New  York
    21  State Rocky Point Natural Resource Management Area (the "NYS Rocky Point
    22  Land")  intersects the southerly side of NYS Route 25A; thence generally
    23  southward and eastward along the generally westerly and southerly bound-
    24  aries of the NYS Rocky Point Land (including the Currans Road Pond State
    25  Wildlife Management Area, all adjacent or contiguous undeveloped Town of
    26  Brookhaven parks, preserves, open space areas, or  reserved  areas,  and
    27  the  crossings  of  the undeveloped Suffolk County property known as the
    28  Port Jefferson - Westhampton road right of  way,  Whiskey  Road,  County
    29  Route  21,  and Currans Road), and including those properties identified
    30  as District 200, Section 346, Block 1, Lots 3 and 4, to the point  where
    31  the  NYS  Rocky  Point  Land  meets  the  northerly side of NYS Route 25
    32  (Middle Country Road); thence eastward along the northerly  boundary  of
    33  NYS  Route  25 to the southeastern corner of that property west of Wood-
    34  lots Road which is identified as District 200, Section 349, Block 2, Lot
    35  1.3; thence northward along the easterly boundary of  that  property  to
    36  the  Suffolk  County  Pine  Trail  Nature  Preserve; thence eastward and
    37  southeastward along the southerly boundary of the  Suffolk  County  Pine
    38  Trail  Nature  Preserve  where  the  Preserve  is  adjacent to developed
    39  parcels or parcels in agricultural or horticultural use, or along a line
    40  parallel to, and 100 (one hundred) feet south of, the Preserve where the
    41  Preserve is adjacent to parcels which are  undeveloped  as  of  June  1,
    42  1993,  to  County Route 46; thence southward along the easterly boundary
    43  of County Route 46 to NYS Route 25; thence eastward along the  southerly
    44  boundary  of  NYS  Route  25  to  the  Suffolk  County Pine Trail Nature
    45  Preserve; thence southward along the westerly boundary  of  the  Suffolk
    46  County  Pine  Trail  Nature  Preserve  where the Preserve is adjacent to
    47  developed parcels, or along a line parallel to, and  100  (one  hundred)
    48  feet  west  of,  the  Preserve where the Preserve is adjacent to parcels
    49  which are undeveloped as of June 1, 1993, to the  northern  boundary  of
    50  the  United  States land known as Brookhaven National Laboratory; thence
    51  generally westward along the northerly boundary of  Brookhaven  National
    52  Laboratory  to County Route 46 (William Floyd Parkway); thence generally
    53  northwestward on a straight line to the intersection of Sally  Lane  and
    54  Pond Lane; thence westward along the southerly side of Pond Lane to Ruth
    55  Lane; thence northward along the westerly side of Ruth Lane to NYS Route
    56  25;  thence  westward  along  the  northerly side of NYS Route 25 to the

        S. 7508--C                         28                         A. 9508--C
 
     1  southeast corner of the NYS Middle Island State Game Farm  and  Environ-
     2  mental Education Center; thence northward, westward, and southward along
     3  the  easterly,  northerly,  and  westerly  boundaries  of the NYS Middle
     4  Island  State  Game Farm and Environmental Education Center to NYS Route
     5  25; thence westward along the southerly side of NYS Route 25,  excluding
     6  all  parcels  abutting that road which are developed as of June 1, 1993,
     7  to Giant Oak Road; thence southward along the easterly side of Giant Oak
     8  Road to Medford Road; thence southwestward along the southeasterly  side
     9  of Medford Road crossing to the west side of Smith Road; thence souther-
    10  ly  along  the  westerly  side  of Smith Road to the southeast corner of
    11  District 200, Section 406, Block 1, Lot 6; thence westward and northward
    12  along the southerly and westerly sides of said parcel to  the  southerly
    13  side  of the developed lands known as Strathmore Ridge; thence westward,
    14  northward and eastward along the southerly, westerly and northerly sides
    15  of the developed lands known as Strathmore Ridge to the westerly side of
    16  Smith Road; thence northerly along the westerly side of  Smith  Road  to
    17  the  southerly side of NYS Route 25; thence westerly along the southerly
    18  side of NYS Route 25, to the northwestern corner of that property  which
    19  is  identified  as  District  200, Section 406, Block 1, Lot 4.3; thence
    20  southerly along the westerly boundary of that  property  and  continuing
    21  southward  along  the  westerly  sides  of  the properties identified as
    22  District 200, Section 406, Block 1, Lot 4.6; District 200, Section  406,
    23  Block  1,  Lot  4.4 and District 200, Section 504, Block 1, Lot 2 to the
    24  southerly side of Longwood Road; thence  eastward  along  the  southerly
    25  side of Longwood Road to the northwest corner of the property identified
    26  as  District  200,  Section  504, Block 1, Lot 7.2; thence southward and
    27  westward along the generally westerly boundary of  that  parcel  to  the
    28  eastern  end of Rugby Lane (also known as Rugby Avenue or Rugby Road), a
    29  paper street shown on Suffolk County tax  maps  District  200,  Sections
    30  500, 502, and 503; thence westward along the northerly boundary of Rugby
    31  Lane,  across  County Route 21, to the westerly boundary of County Route
    32  21 (Yaphank - Middle Island Road); thence southward along  the  westerly
    33  boundary  of  County  Route  21 to the northeastern corner of the parcel
    34  identified as District 200, Section 529, Block 1, Lot 28, and  which  is
    35  coterminous  with the southerly boundaries of the parcels located on the
    36  south side of Rustic Lane; thence westward along the northerly  boundary
    37  of  that  parcel  to  the  southwest  corner of the parcel identified as
    38  District 200, Section 528, Block 5, Lot  2;  thence  northward  along  a
    39  portion  of  the easterly boundary of the Carmans River, which comprises
    40  the easterly boundary of the parcel identified as District 200,  Section
    41  528,  Block  5, Lot 1, to its intersection with the southern boundary of
    42  the Suffolk County Nature Preserve parcel identified  as  District  200,
    43  Section 500, Block 1, Lot 1.4; thence eastward along the southern bound-
    44  ary of that parcel to the southeast corner of that parcel; thence north-
    45  ward  along the easterly boundary of that Suffolk County Nature Preserve
    46  parcel to the southeast corner of the  Suffolk  County  Nature  Preserve
    47  parcel identified as District 200, Section 500, Block 1, Lot 3.1, thence
    48  generally  northward  along  the easterly boundary of that parcel to the
    49  north side of East Bartlett Road; thence easterly along the  north  side
    50  of  East Bartlett Road to the east side of County Road 21; thence south-
    51  erly along the east side of County Road 21 to the  southwest  corner  of
    52  District  200, Section 501, Block 1, Lot 2.1; thence easterly and north-
    53  erly along the southern and eastern sides of that property and northward
    54  along the easterly side of District 0200, 50100, Block 0100, Lot  002002
    55  and across to the north side of Longwood Road; thence westerly along the
    56  north  side  of  Longwood  Road to the southeast corner of District 200,

        S. 7508--C                         29                         A. 9508--C

     1  Section 482, Block 1, Lot 3.1; thence northward and eastward  along  the
     2  easterly and southerly boundaries of that parcel to the northwest corner
     3  of the parcel identified as District 200, Section 483, Block 2, Lot 1.4;
     4  thence  eastward  along  the  southerly  property boundary of the parcel
     5  identified as District 200, Section 482, Block 1, Lot 4 to the southeast
     6  corner of that parcel; thence northward along the easterly  boundary  of
     7  that  parcel to the northeast corner of that parcel; thence eastward and
     8  northward along the southerly and  easterly  boundaries  of  the  parcel
     9  identified as District 200, Section 456, Block 2, Lot 4 to the northeast
    10  corner of that parcel; thence generally northerly and westerly along the
    11  easterly  and northerly boundary of Prosser Pines County Nature Preserve
    12  to County Road 21; thence westward (directly  across  County  Route  21)
    13  along the southerly boundary of the property identified as District 200,
    14  Section  434, Block 1, Lot 12.1, to the southwest corner of the property
    15  identified as District 200, Section 434, Block 1, Lot 14.3, adjacent  to
    16  the  eastern side of Cathedral Pines County Park; thence northward along
    17  the eastern boundary of Cathedral Pines County  Park  to  the  southeast
    18  corner of the property identified as District 200, Section 402, Block 1,
    19  Lot  23.1,  thence  continuing  northward along the easterly boundary of
    20  that property to the southerly side of Lafayette Road;  thence  westward
    21  along  the  southerly  side of Lafayette Road to the eastern boundary of
    22  the property identified as District 200, Section 402, Block 1, Lot 24.7;
    23  thence generally in a counter-clockwise direction  along  the  easterly,
    24  northerly,  westerly  and  northerly  boundaries of that property to the
    25  easterly boundary of the parcel identified as District 200, Section 402,
    26  Block 1, Lot 19.2; thence northerly along the easterly side of said  lot
    27  to  the  southeast  corner  of  the property identified as District 200,
    28  Section 402, Block 1, Lot 20, thence westward and  northward  along  the
    29  southerly  and  westerly sides of that property to the southerly side of
    30  NYS Route 25; thence westward along the southerly boundary of NYS  Route
    31  25  to the northwestern corner of the parcel identified as District 200,
    32  Section 402, Block 1, Lot 16.4; thence  generally  southward  along  the
    33  westerly boundary of that parcel to the northerly boundary of the parcel
    34  identified  as District 200, Section 454, Block 1, Lot 9.1; thence west-
    35  ward along the northerly boundary of that parcel to East Bartlett  Road;
    36  thence  southward  along  the easterly boundary of East Bartlett Road to
    37  its intersection with Ashton Road; thence westward to  the  northeastern
    38  corner  of  the old filed map shown on District 200, Section 499; thence
    39  westward and southward along the northerly and  westerly  boundaries  of
    40  the  old  filed  map  shown  on  Suffolk  County  tax maps District 200,
    41  Sections 498, 499, and 527 to Hillcrest Road; thence eastward along  the
    42  southerly  boundary  of  Hillcrest Road to Ashton Road; thence southward
    43  along the easterly side of Ashton Road to Granny Road;  thence  eastward
    44  along  the  southerly side of Granny Road to the northwesterly corner of
    45  District 200, Section 547, Block 1, Lot 18.1;  thence  generally  south-
    46  ward, westward, southward, eastward and northward in a counter-clockwise
    47  direction  along  the western, northern, southern and eastern boundaries
    48  of said parcel to the southeast  corner  of  the  parcel  identified  as
    49  District  200,  Section  548, Block 1, Lot 3; thence northward along the
    50  easterly boundary of that parcel to its northeast corner; thence  gener-
    51  ally northward, northeastward and eastward along the westerly, northwes-
    52  terly  and  northerly sides of German Boulevard to its intersection with
    53  the northeasterly side of Lakeview Boulevard; thence southeastward along
    54  the northeasterly side of Lakeview Boulevard to the westerly boundary of
    55  the parcel identified as District 200, Section  611,  Block  1,  Lot  5;
    56  thence  northward  along  the  westerly  boundary  of that parcel to its

        S. 7508--C                         30                         A. 9508--C
 
     1  northwest corner; thence southward along the westerly  boundary  of  the
     2  parcel identified as District 200, Section 579, Block 3, Lot 1, compris-
     3  ing  part  of  the western bank of the Carmans River also known as Upper
     4  Lake,  to  the  northerly  side of Mill Road, also known as County Route
     5  101; thence eastward along the northerly side of Mill Road to the north-
     6  east corner of the parcel identified as District 200, Section 579, Block
     7  3, Lot 19; thence westerly along the northerly boundary of  that  parcel
     8  to  the  eastern  boundary  of  the  parcel  identified as District 200,
     9  Section 579, Block 3, Lot 1; thence northward along the easterly side of
    10  that parcel, comprising part of the eastern bank of  the  Carmans  River
    11  also  known as Upper Lake, to the southwest corner of the parcel identi-
    12  fied as District 200, Section 548, Block 2,  Lot  5.1;  thence  eastward
    13  along  the  southern  boundary  of  that parcel to its southeast corner;
    14  thence eastward across County Route 21  to  its  easterly  side;  thence
    15  northward  along  the easterly boundary of County Route 21 to the south-
    16  west corner of the  Suffolk  County  Nature  Preserve  parcel  known  as
    17  Warbler  Woods and identified as District 200, Section 551, Block 1, Lot
    18  4; thence generally eastward along the southerly boundary of the Warbler
    19  Woods parcel and then southward along the westerly boundary of an exten-
    20  sion of that parcel's southerly boundary to the southeast corner of  the
    21  southern  terminus  of Harold Road; thence generally westward, southward
    22  and westward in  a  counter-clockwise  direction  along  the  northerly,
    23  westerly, northerly and westerly boundaries of the Suffolk County Nature
    24  Preserve  parcel  known  as  Fox  Lair,  and identified as District 200,
    25  Section 580, Block 3, Lot 24.2, to the northwest corner  of  the  parcel
    26  Suffolk  County  Water  Authority  parcel  identified  as  District 200,
    27  Section 580, Block 3, Lot 24.6; thence southward, eastward and southward
    28  along the westerly boundary and southerly  boundaries  of  that  Suffolk
    29  County  Water Authority parcel to Main Street; thence eastward along the
    30  north side of Main Street to the southeast corner of said Suffolk County
    31  Water Authority parcel to its southeast corner; thence  northward  along
    32  the  easterly boundary of that parcel to the southwest property boundary
    33  of the Suffolk County Nature Preserve parcel known as Fox Lair and iden-
    34  tified as District 200, Section 580, Block 3, Lot 24.2, thence generally
    35  eastward, southward, eastward, northward and eastward along the souther-
    36  ly boundaries of said parcel and eastward along the  southerly  boundary
    37  of the Suffolk County Nature Preserve parcel identified as District 200,
    38  Section 583, Block 1, Lot 4.1, to the west side of the unimproved north-
    39  south  oriented  road  known  variously as Smith Road, Longwood Road and
    40  Private Road; thence southward along the westerly boundary of Smith Road
    41  to the north side of the Long Island Expressway; thence  westward  along
    42  the  northerly  boundary of the Long Island Expressway to the south side
    43  of Main Street in Yaphank; thence westward along the southerly  boundary
    44  of Main Street in Yaphank to the westernmost extent along Main Street of
    45  the  Southaven  County Park boundary; thence westward across County Road
    46  21 to the western boundary of the County Road  21  right-of-way;  thence
    47  southward  along the western boundary of the County Road 21 right-of-way
    48  to the northerly side of the parcel identified as District 200,  Section
    49  611, Block 3, Lot 16, comprising the northerly bank of the Carmans River
    50  known  as  Lower  Lake; thence westward along the northerly side of that
    51  property to the southwest corner of the parcel  identified  as  District
    52  200,  Section  612,  Block 4, Lot 1; thence northward along the westerly
    53  boundary of that parcel to the southerly side of County Route  21  known
    54  as Main Street; thence westward along the southerly side of County Route
    55  21 known as Main Street to the northeast corner of the parcel identified
    56  as  District  200,  Section 612, Block 2, Lot 12; thence southward along

        S. 7508--C                         31                         A. 9508--C
 
     1  the easterly boundary of that parcel to  the  southeast  corner  of  the
     2  parcel  identified as District 200, Section 612, Block 2, Lot 11; thence
     3  westward and northwestward along the northerly and northeasterly bounda-
     4  ries  of  the  Town  of  Brookhaven  parcel  identified as District 200,
     5  Section 611, Block 3, Lot 9 to the south side of Mill Road,  also  known
     6  as  County  Road  101; thence generally westward and southward along the
     7  southerly side of Mill Road and continuing southward along  the  eastern
     8  side  of  Patchogue-Yaphank  Road, also known as County Road 101, to the
     9  southerly side of Gerard Road; thence eastward along the southerly  side
    10  of  Gerard  Road  to  its  westerly  boundary  known as the map of Grand
    11  Heights, filed in the offices of the Suffolk County clerk; thence south-
    12  ward along the westerly map line of the filed map known as Grand Heights
    13  to the north side of the Long Island Expressway NYS  Route  495;  thence
    14  easterly  along  the  northerly  side  of the Long Island Expressway NYS
    15  Route 495 to the westerly side of  County  Route  21  known  as  Yaphank
    16  Avenue;  thence  southward  along the westerly side of Yaphank Avenue to
    17  the south side of the Long Island Expressway; thence eastward along  the
    18  south  side  of  the  Long Island Expressway to the westerly boundary of
    19  Southaven County Park, thence generally  southward  along  the  westerly
    20  boundary  of  Southaven County Park to the northeast corner of the lands
    21  of Suffolk County identified as District 200, Section 665, Block 2,  Lot
    22  1;  thence  generally southward along the easterly boundary of said lot,
    23  crossing the LIRR and Park Street and  continuing  southward  along  the
    24  westerly  boundary  of  Davenport  Avenue  as shown on the old filed map
    25  known as Bellhaven Terrace; thence  southward  and  eastward  along  the
    26  westerly  and  southerly boundaries of the parcel identified as District
    27  200, Section 744, Block 1, Lot 10 to the westerly boundary of the parcel
    28  identified as District 200,  Section  781,  Block  1,  Lot  3.1;  thence
    29  continuing  southerly  along the westerly boundary of that parcel to the
    30  easterly boundary of Gerard Road; thence southward  along  the  easterly
    31  boundary  of  Gerard  Road  to Victory Avenue; thence eastward along the
    32  northerly boundary of Victory Avenue to a point where the west  bank  of
    33  the Carmans River passes under Victory Avenue and Route 27; thence south
    34  under  Route  27  to the southerly side of Montauk Highway also known as
    35  County Road 80; thence westward along  the  southerly  side  of  Montauk
    36  Highway County Road 80, including lands owned by the United States known
    37  as Wertheim National Wildlife Refuge (the "Refuge"), to the eastern side
    38  of Old Stump Road; thence southward along the easterly side of Old Stump
    39  Road to the northerly side of Beaver Dam Road; thence eastward along the
    40  northerly  side  of  Beaver  Dam  Road  to the lands owned by the United
    41  States known  as  Wertheim  National  Wildlife  Refuge  (the  "Refuge"),
    42  including  the Carmans River; thence generally westerly and southerly to
    43  the waters of Bellport Bay; thence generally easterly across the Bay and
    44  northerly along the easterly boundary of the Refuge, including all lands
    45  currently part of the Refuge and any lands which may become part of  the
    46  Refuge  in the future to the east side of the southern terminus of Smith
    47  Road; thence northward along the easterly side  of  Smith  Road  to  the
    48  southwesterly corner of the property identified as District 200, Section
    49  974.50,  Block  1,  Lot 11; thence eastward, northward and westward in a
    50  counter-clockwise direction along the  southern,  eastern  and  northern
    51  boundaries  of  that property to the easterly side of Smith Road; thence
    52  northward along the easterly side of Smith Road to the northerly side of
    53  Montauk Highway County Road 80; thence northeasterly to the southwester-
    54  ly corner of the property identified as District 200, Section 849, Block
    55  2, Lot 2; thence eastward along the northerly boundary of Montauk  High-
    56  way  to  the southeasterly corner of the property identified as District

        S. 7508--C                         32                         A. 9508--C
 
     1  200, Section 850, Block 3, Lot 8; thence northward to the  northeasterly
     2  corner  of  that  parcel, including all lands owned by the United States
     3  known as Wertheim National Wildlife Refuge (the "Refuge")  at  any  time
     4  between  June  1,  1993  and the present, and any lands which may become
     5  part of the Refuge in the future; thence  northwestward  across  Sunrise
     6  Highway (NYS Route 27) to the southwesterly corner of the property iden-
     7  tified  as  District  200, Section 850, Block 2, Lot 1; thence northward
     8  along the westerly boundary of that parcel across to the northerly boun-
     9  dary of Victory Avenue; thence westward along the northerly boundary  of
    10  Victory  Avenue to the westerly boundary of River Road; thence northward
    11  along the westerly boundary of River Road to the north side of the  Long
    12  Island  Rail Road right-of-way; thence easterly along the northerly side
    13  of the Long Island Rail Road right-of-way to the north side  of  Morich-
    14  es-Middle Island Road; thence generally northward and westward along the
    15  northerly  side  of Moriches-Middle Island Road to the northerly side of
    16  the Long Island Expressway; thence westward along the northerly boundary
    17  of the Long Island Expressway to the southeasterly corner of  the  Long-
    18  wood  Greenbelt  property  (the  property  identified  as  District 200,
    19  Section 583, Block 2, Lot 1.1);  thence  northward  along  the  easterly
    20  boundary  of  the  Longwood  Greenbelt property to its northeast corner;
    21  thence eastward to the southwesterly corner of  the  property  known  as
    22  District  200,  Section 552, Block 1, Lot 8; thence generally northeast-
    23  ward along the easterly boundary of the property identified as  District
    24  200,  Section  552, Block 1, Lot 1.7 to the northeasterly corner of that
    25  parcel; thence eastward along the southerly boundaries  of  the  parcels
    26  identified  as  District  200, Section 504, Block 1, Lot 8, and District
    27  200, Section 504, Block 1, Lot 11,  to  the  westerly  boundary  of  the
    28  William  Floyd  Parkway  (County  Route  46); thence northward along the
    29  westerly side of County Route 46 to a point  2000  (two  thousand)  feet
    30  south of the southern bank of the Peconic River crossing of County Route
    31  46;  thence  generally  southeastward along a line parallel to, and 2000
    32  (two thousand) feet generally south or southwest of,  and  parallel  to,
    33  the  southernmost bank of the Peconic River to a point where the Peconic
    34  River crosses the unpaved, unnamed,  north-south  firebreak  and  patrol
    35  road on the eastern half of the Brookhaven National Laboratory property;
    36  thence  southward and southwestward along the easterly and southeasterly
    37  boundaries of the unpaved, unnamed,  north-south  firebreak  and  patrol
    38  road  starting on the eastern half of the Brookhaven National Laboratory
    39  property to the Brookhaven National Laboratory road known as  Brookhaven
    40  Avenue;  thence  due  westward  along  a straight line to the Brookhaven
    41  National Laboratory road known  as  Princeton  Avenue;  thence  westward
    42  along  the southerly boundary of Princeton Avenue to the unnamed Labora-
    43  tory road which diverts southwest in the vicinity of the Laboratory gate
    44  house; thence southwestward along the  southerly  side  of  the  unnamed
    45  Laboratory  road  just  described  to  County Route 46; thence southward
    46  along the easterly side of County Route 46  to  NYS  Route  495;  thence
    47  eastward  along  the northerly boundary of NYS Route 495 to County Route
    48  111; thence southeastward along the northerly boundary of  County  Route
    49  111 to NYS Route 27 (Sunrise Highway); thence generally southward across
    50  NYS  Route  27 to the westernmost extent along NYS Route 27 of the unde-
    51  veloped portion (as of June 1, 1993) of the parcel assemblage  comprised
    52  of those parcels identified as District 200, Section 594, Block 2, Lot 4
    53  and District 900, Section 325, Block 1, Lot 41.2; thence southward along
    54  the westerly boundary of the undeveloped portion (as of June 1, 1993) of
    55  that  parcel  assemblage  to  County Route 71 (Old Country Road); thence
    56  eastward along the northerly boundary of County Route 71 to  the  south-

        S. 7508--C                         33                         A. 9508--C
 
     1  eastern  corner  of  the  Suffolk County Nature Preserve lands which run
     2  from NYS Route 27 south to County Route 111 and which adjoin the easter-
     3  ly side of the preceding assemblage; thence northward along the easterly
     4  boundary of that Suffolk County Nature Preserve assemblage (crossing the
     5  County  Route  111  right of way) to NYS Route 27; thence eastward along
     6  the southerly boundary of NYS Route 27  to  the  westerly  end  of  19th
     7  Street  as shown in the old filed map contained within the tax map iden-
     8  tified as District 900, Section 276, Block 2; thence southward along the
     9  westerly boundary of that old filed map (shown in District 900, Sections
    10  276, 302, 303, 327, and 328), and coterminous with the westerly side  of
    11  those  parcels  along  the westerly side of Oishei Road, to County Route
    12  71; thence eastward along the northerly boundary of County Route  71  to
    13  the  southeasterly  corner  of  the  parcel  identified as District 900,
    14  Section 328, Block 2, Lot 19; thence northward along the easterly bound-
    15  ary of that old filed map surrounding Oishei Road, and coterminous  with
    16  the  easterly  side  of  those parcels along the easterly side of Oishei
    17  Road, to a point along that line due west of the northwesterly corner of
    18  the parcel  containing  the  Suffolk  County  facilities  identified  as
    19  District  900,  Section 331, Block 1, Lot 1; thence due eastward along a
    20  straight line to the northwesterly corner of that parcel;  thence  east-
    21  ward  along  the  northerly boundary of that parcel to its northeasterly
    22  corner shown in District 900, Section 307; thence due eastward  along  a
    23  straight  line  to Summit Boulevard; thence southward along the westerly
    24  side of Summit Boulevard to County Route 71; thence eastward  along  the
    25  northerly  side  of County Route 71, excluding all parcels abutting that
    26  road which are developed as of June 1, 1993, to  the  Long  Island  Rail
    27  Road  tracks;  thence  eastward along the northerly boundary of the Long
    28  Island Rail Road tracks to County Route 31 (Old Riverhead Road);  thence
    29  northward  along  the westerly boundary of County Route 31 to that point
    30  opposite the point along the easterly side of County Route 31 (north  of
    31  the Stewart Avenue intersection) at which the undeveloped portion (as of
    32  June  1,  1993) of the Suffolk County Airport (Gabreski Airport) occurs;
    33  thence generally northward, eastward and southward around the  westerly,
    34  northerly and easterly boundaries of the undeveloped portion (as of June
    35  1,  1993)  of the airport property (excluding from the Core Preservation
    36  Area those portions of the airport property which are  occupied  by  the
    37  runways,  their associated maintenance areas, and those areas identified
    38  for future use in the Suffolk County Airport Master Plan approved by the
    39  County Legislature) to the Long Island Rail Road  tracks  (including  in
    40  the  Core Preservation Area those portions of the airport property which
    41  are adjacent to the Quogue Wildlife Refuge's westerly boundary and which
    42  are in their natural state); thence eastward along the northerly bounda-
    43  ry of the Long Island Rail Road tracks to the  southeasterly  corner  of
    44  the  Town  of  Southampton parcel identified as District 902, Section 1,
    45  Block 1, Lot 22.1; thence generally northward  and  eastward  along  the
    46  easterly  border  of  that parcel and the Town of Southampton parcels to
    47  the immediate north identified as District 900, Section  313,  Block  1,
    48  Lot  42.1  and  District  900,  Section 287, Block 1, Lot 1.55 to County
    49  Route 104; thence northward along the westerly boundary of County  Route
    50  104  to  a  point  1000  (one  thousand) feet southward of NYS Route 27;
    51  thence eastward along a line parallel to, and 1000 (one  thousand)  feet
    52  south  of,  NYS Route 27, to the westerly boundary of the parcel identi-
    53  fied as District 900, Section 252, Block  1,  Lot  1;  thence  southward
    54  along  the westerly boundary of that parcel to the Long Island Rail Road
    55  tracks; thence eastward along the northerly boundary of the Long  Island
    56  Rail Road tracks to Montauk Highway; thence eastward along the northerly

        S. 7508--C                         34                         A. 9508--C
 
     1  boundary  of  Montauk Highway to that point where the boundary of Sears-
     2  Bellows County Park heads northward along the eastern side of the  Munns
     3  Pond portion; thence northward along the easterly boundary of Sears-Bel-
     4  lows  County  Park, to NYS Route 27; thence eastward along the northerly
     5  boundary of NYS Route 27 to NYS  Route  24  (Riverhead  -  Hampton  Bays
     6  Road);  thence  generally northwestward and westward along the southwes-
     7  terly boundary of NYS Route 24 to the easternmost extent along NYS Route
     8  24 of the Suffolk County Parkland known as Flanders  or  Hubbard  County
     9  Park;  thence  generally  northward,  westward,  and southward along the
    10  easterly, northerly, and westerly  boundaries  of  Flanders  or  Hubbard
    11  County  Park,  including  all adjacent or contiguous undeveloped Town of
    12  Southampton parks, preserves, open space areas, or  reserved  areas,  to
    13  NYS  Route 24; thence westward along the southerly boundary of NYS Route
    14  24 to Pleasure Drive; thence southward along the  easterly  boundary  of
    15  Pleasure  Drive  a  distance  of 2000 (two thousand) feet, excluding all
    16  parcels abutting that road which are  developed  as  of  June  1,  1993;
    17  thence  generally  westward  along  a  straight line to the southernmost
    18  extent of the NYS David Sarnoff Preserve along the  westerly  boundaries
    19  of  the parcels on the westerly side of Brookhaven Avenue; thence gener-
    20  ally northward and westward along the easterly and northerly boundary of
    21  the NYS David Sarnoff Pine Barrens Preserve, crossing County Routes  105
    22  and  104, to County Route 63 (Riverhead-Moriches Road); thence generally
    23  westward and northward along the northerly boundary of the Suffolk Coun-
    24  ty Cranberry Bog County Nature  Preserve  to  County  Route  51;  thence
    25  southwesterly along the westerly side of County Route 51 to the boundary
    26  of  the Cranberry Bog County Nature Preserve; thence westward and north-
    27  ward along the northeasterly boundary of  Cranberry  Bog  County  Nature
    28  Preserve  to  County  Route  94  (also  known as NYS Route 24, or Nugent
    29  Drive); thence eastward along the northerly side of County Route  94  to
    30  the County Route 94A bridge; thence northward along the westerly side of
    31  the  County Route 94A bridge to the Riverhead-Southampton border; thence
    32  westward along the Riverhead-Southampton border, and the  Riverhead-Bro-
    33  okhaven  Border,  to  the  Forge Road Bridge; thence northward along the
    34  westerly boundary of  the  Forge  Road  Bridge  to  Forge  Road;  thence
    35  northwestward  along  the  westerly  boundary  of Forge Road to the Long
    36  Island Rail Road tracks; thence northward along the westerly boundary of
    37  Forge Road (unpaved) to the intersection of NYS Route 25 and River Road;
    38  thence westward along the southerly boundary of River  Road  to  Edwards
    39  Avenue;  thence  westward  along  the  southerly  boundary of River Road
    40  (Grumman Boulevard or Swan Pond Road) to the southeast  corner  of  that
    41  parcel  containing Conoe (or Canoe) Lake and identified as District 600,
    42  Section 137, Block 1, Lot 1; thence northward, westward,  and  southward
    43  along  the  borders  of  that parcel containing Conoe (or Canoe) Lake to
    44  River Road (Grumman Boulevard);  thence  westward  along  the  northerly
    45  boundary  of  Grumman  Boulevard  to  the southeasternmost corner of the
    46  undeveloped  portion  (as  of  June  1,  1993)  of  the  United   States
    47  Navy/Grumman  Corporation  property located on the north side of Grumman
    48  Boulevard and adjacent to the Grumman entrance known as the South  Gate;
    49  thence  due north along the easternmost edge of that undeveloped portion
    50  (as of June 1, 1993) of the United States Navy/Grumman Corporation prop-
    51  erty to NYS Route 25; thence along a straight line to the northerly side
    52  of NYS Route 25 to a point occupied by the  southeasternmost  corner  of
    53  the  parcel  assemblage  comprised of District 600, Section 75, Block 3,
    54  Lot 10.1, and District 600, Section 96, Block 1, Lot 14,  and  otherwise
    55  known as Camp Wauwepex; thence northward, westward, and generally south-
    56  ward along the easterly, northerly, and generally westerly boundaries of

        S. 7508--C                         35                         A. 9508--C

     1  the  Camp Wauwepex assemblage to NYS Route 25; thence westward along the
     2  northerly side of NYS Route 25 to Montauk  Trail;  thence  northeastward
     3  along  the northwesterly side of Montauk Trail to Panamoka Trail; thence
     4  northward  along  the  westerly  side  of  Panamoka Trail, excluding all
     5  parcels abutting that road which are developed as of June  1,  1993,  to
     6  Matinecock Trail; thence westward along the southerly side of Matinecock
     7  Trail to the easterly boundary of Brookhaven State Park; thence general-
     8  ly  northward  along  the  easterly  boundary  of Brookhaven State Park,
     9  including all adjacent or  contiguous  undeveloped  Town  of  Brookhaven
    10  parks,  preserves,  open  space  areas, or reserved areas, to its inter-
    11  section with NYS Route 25A; [thence westward along the southerly side of
    12  NYS Route 25A to the  northeast  corner  of  the  Shoreham-Wading  River
    13  school  district property;] thence eastward along the southerly boundary
    14  of Route 25A to a point due south of the southeast corner of the  parcel
    15  identified  as  District  200,  Section  128,  Block  1, Lot 3.1; thence
    16  northeastward, northward and westward along the southerly, easterly  and
    17  northerly  sides  of the parcel identified as District 200, Section 128,
    18  Block 1, Lot 1 to the southeast  corner  of  the  parcel  identified  as
    19  District  200,  Section 82, Block 1, Lot 5.2; thence northward along the
    20  east side of this parcel to its intersection  with  the  south  side  of
    21  North  Country Road; thence northward crossing North Country road to its
    22  northerly side; thence eastward along the northerly side of North  Coun-
    23  try  Road to the Brookhaven Town-Riverhead Town line; thence in a gener-
    24  ally northwestward direction along said town line to a point  in  Wading
    25  River Creek with the coordinates 40.96225 latitude and -72.863633 longi-
    26  tude; thence westward a distance of approximately 90 feet to the easter-
    27  ly  side  of LILCO Road; thence southward along LILCO Road to its inter-
    28  section with the north side of North Country Road; thence westward along
    29  the north side of North Country Road to  the  southeast  corner  of  the
    30  parcel identified as District 200, Section 39, Block 1, Lot 2; thence in
    31  a  northward  and  westward  direction  along the easterly and northerly
    32  sides of said parcel to its northwest corner; thence northward along the
    33  westerly boundary of the parcel identified as District 200, Section  83,
    34  Block  1,  Lot  1.4  to  its  northwest corner and the shoreline of Long
    35  Island Sound; thence westward along the northerly  side  of  the  parcel
    36  identified  as District 200, Section 83, Block 1, Lot 1.4 and continuing
    37  in a westward direction along the northerly side of the  parcel  identi-
    38  fied  as  district  200,  section 39, Block 1, lot 1.2 and the southerly
    39  extent of the Long Island Sound to the northwest corner of the  property
    40  identified  as District 200, Section 39, Block 1, Lot 1.2; thence south-
    41  ward along the westerly boundary of said property to North Country Road;
    42  thence west along the southerly boundary of North Country  Road  to  the
    43  northwestern  corner of the property identified as District 200, Section
    44  82, Block 1, Lot 1.1; thence south along the westerly boundary  of  said
    45  property  and  the  westerly  boundary  of  the  property  identified as
    46  District 200, Section 39, Block 1, Lot 1.2 to the  northwest  corner  of
    47  property  identified  as  District  200,  Section  82, Block 1, Lot 5.1;
    48  thence southward along the westerly boundary of said property in a  line
    49  to  the northeast corner of property identified as District 200, Section
    50  105, Block 3, Lot 5; thence southward along  the  easterly  boundary  of
    51  said  property to the north side of Route 25A; thence eastward along the
    52  north side of Route 25A to a  point  directly  north  of  the  northeast
    53  corner  of  the  Shoreham-Wading  River school district property; thence
    54  southward, crossing Route 25A to its southerly boundary and  the  north-
    55  east  corner  of  the  Shoreham-Wading  river  school district property;
    56  thence southward, westward, and northward along the easterly, southerly,

        S. 7508--C                         36                         A. 9508--C
 
     1  and westerly boundaries of the  Shoreham-Wading  River  school  district
     2  property  to  NYS Route 25A; thence westward along the southerly side of
     3  NYS Route 25A to County Route 46; thence southward  along  the  easterly
     4  side of County Route 46 to its intersection with the Suffolk County Pine
     5  Trail  Nature  Preserve; thence westward along the northerly boundary of
     6  the Suffolk County Pine Trail Nature  Preserve  where  the  Preserve  is
     7  adjacent to developed parcels or parcels in agricultural or horticultur-
     8  al  use,  or  along a line parallel to, and 100 (one hundred) feet north
     9  of, the Preserve where the Preserve is adjacent  to  parcels  which  are
    10  undeveloped as of June 1, 1993, to the southeastern corner of the parcel
    11  west of Woodlots Road and identified as District 200, Section 291, Block
    12  1, Lot 14.1; thence northward and westward along the easterly and north-
    13  erly  boundaries  of  that parcel to Whiskey Road; thence westward along
    14  the southerly side of Whiskey Road to Wading River Hollow  Road;  thence
    15  northward  along  the  westerly  side of Wading River Hollow Road to the
    16  boundary of the NYS Rocky Point Land; thence generally  northward  along
    17  the  easterly  boundary of the NYS Rocky Point Land, including all adja-
    18  cent or contiguous undeveloped Town of Brookhaven parks, preserves, open
    19  space areas, or reserved areas, to NYS Route 25A; thence westward  along
    20  the  southerly  side  of NYS Route 25A, excluding those parcels abutting
    21  that road which are developed as of June 1, 1993, and those lands  iden-
    22  tified for the reroute of Route 25A by the NYS Department of Transporta-
    23  tion,  to  the  northeastern corner of the parcel identified as District
    24  200, Section 102, Block 3, Lot 1.4; thence southward along the  westerly
    25  boundary  of  that  parcel  to  the  parcel  identified as District 200,
    26  Section 102, Block 3, Lot 1.6; thence generally westward  and  southward
    27  along the westerly boundaries of that parcel and the adjoining southerly
    28  parcel  identified as District 200, Section 102, Block 3, Lot 1.5 to the
    29  boundary of the NYS Rocky Point Land; thence westward along the norther-
    30  ly boundary of the NYS Rocky Point  Land  to  County  Route  21;  thence
    31  generally  westward  along a straight line across County Route 21 to the
    32  northernmost extent along County Route 21 of the NYS Rocky  Point  Land;
    33  thence  generally westward along the generally northerly boundary of the
    34  NYS Rocky Point Land to the point or place of beginning,  and  excluding
    35  the area defined as beginning at a point where the southerly boundary of
    36  NYS  Route  25  meets the easterly side of the Suffolk County Pine Trail
    37  Nature Preserve; thence southeastward along the  easterly  side  of  the
    38  Suffolk County Pine Trail Nature Preserve where the Preserve is adjacent
    39  to developed parcels, or along a line parallel to, and 100 (one hundred)
    40  feet  east  of,  the  Preserve where the Preserve is adjacent to parcels
    41  which are undeveloped as of June 1, 1993, to the  Long  Island  Lighting
    42  Company  high  voltage  transmission  lines;  thence northward along the
    43  westerly side of the Long Island Lighting Company  high  voltage  trans-
    44  mission  lines to NYS Route 25; thence westward along the southerly side
    45  of NYS Route 25 to the point or place of beginning;
    46  and excluding [two] four distinct areas described as follows:  Area  One
    47  is the area defined as beginning at a point where the southerly boundary
    48  of NYS Route 25 meets the easterly side of the Suffolk County Pine Trail
    49  Nature  Preserve;  thence  southeastward  along the easterly side of the
    50  Suffolk County Pine Trail Nature Preserve where the Preserve is adjacent
    51  to developed parcels, or along a line parallel to, and 100 (one hundred)
    52  feet east of, the Preserve where the Preserve  is  adjacent  to  parcels
    53  which  are  undeveloped  as of June 1, 1993, to the Long Island Lighting
    54  Company high voltage transmission  lines;  thence  northward  along  the
    55  westerly  side  of  the Long Island Lighting Company high voltage trans-
    56  mission lines to NYS Route 25; thence westward along the southerly  side

        S. 7508--C                         37                         A. 9508--C
 
     1  of NYS Route 25 to the point or place of beginning; Area Two is the area
     2  defined as beginning at the northwest corner of the parcel identified as
     3  District  200,  Section 552, Block 1, Lot 3; thence eastward, southwest-
     4  ward  and  generally  northward  along  the northerly, southeasterly and
     5  westerly boundaries of that  parcel,  containing  the  sewage  treatment
     6  facility  known  as the Dorade facility, to the point of beginning; Area
     7  three is defined as the parcel identified as district 200,  section  82,
     8  block  1,  lot  3;  Area  four  is defined as the property identified as
     9  district 200, section 39, block 1, lot 1.1;
    10    and including in the core preservation area only the municipally owned
    11  lands within the area beginning at a point on the  southeasterly  corner
    12  of  the  intersection of Moriches-Middle Island Road and Cranford Boule-
    13  vard and thence southward along the easterly boundary of Cranford Boule-
    14  vard to the southwestern corner of property identified as District  200,
    15  Section 645, Block 3, Lot 29.l; thence southeastward along the southerly
    16  boundary  of  said property to its intersection with property identified
    17  as District 200, Section 712, Block 9, Lot 1; thence generally southward
    18  along the westerly boundary of said property to  its  intersection  with
    19  the  northerly  side  of  the  eastward extension of Grove Drive; thence
    20  southward crossing Grove Drive to its south side; thence westward  along
    21  the  southerly  boundary of the Grove Drive road extension to the north-
    22  western corner of the property identified as District 200, Section  749,
    23  Block  3,  Lot  41.1  and  comprised  of  parcels owned by the county of
    24  Suffolk and the town of Brookhaven; thence southward to the southwestern
    25  corner of property identified as District 200, Section 749, Block 3, Lot
    26  43; thence eastward along the southerly boundary of said property to the
    27  west side of Lambert Avenue; thence crossing Lambert Avenue to its east-
    28  erly side; thence southward  along  the  easterly  boundary  of  Lambert
    29  Avenue  to  the  northerly boundary of the Sunrise Highway Service Road;
    30  thence northeastward along the northerly boundary of the Sunrise Highway
    31  Service Road to Barnes Road; thence northward along the westerly bounda-
    32  ry of Barnes Road to the northeastern corner of the property  identified
    33  as  District  200, Section 750, Block 3, Lot 40.2; thence westward along
    34  the northerly boundary of property identified as District  200,  Section
    35  713,  Block  1,  Lot  2; thence westward along the northerly boundary of
    36  property identified as District 200, Section 713, Block 1, Lot 1; thence
    37  northward along the westerly side of Weeks Avenue  to  the  northeastern
    38  corner of property identified as District 200, Section 713, Block 3, Lot
    39  1;  thence  westward  along  the  northerly boundary of said property to
    40  Michigan Avenue; thence northward along the easterly boundary of  Michi-
    41  gan  Avenue  to  Moriches-Middle  Island Road; thence westward along the
    42  southerly boundary of Moriches-Middle Island Road to the point of begin-
    43  ning.
    44    § 2. The county of Suffolk planning department shall compile a  report
    45  providing  an  inventory  of industrial and business zoned properties in
    46  the town of Brookhaven, and including state and municipally owned  prop-
    47  erty,  of  at  least  five  acres,  which  would  be  suitable for solar
    48  projects. Such inventory shall exclude areas  of  potential  sensitivity
    49  such  as one hundred-year flood hazard zones, historic and/or culturally
    50  significant resources and properties within one hundred feet landward of
    51  tidal or freshwater wetlands, and shall only  include  lands  previously
    52  cleared and/or disturbed on or before January 1, 2016. Such report shall
    53  be  submitted to the governor and the legislature no later than January,
    54  1 2020.
    55    § 3. a. The department of environmental conservation shall prepare and
    56  adopt a plan for managing the  property  commonly  referred  to  as  the

        S. 7508--C                         38                         A. 9508--C
 
     1  Shoreham  parcel  added to the core preservation area of the Long Island
     2  Central Pine Barrens pursuant to section one of this act. This  property
     3  is  a unique area of special beauty containing ecological and historical
     4  significance  and  is  subject  to the requirements of article 57 of the
     5  environmental conservation law. The department  process  for  developing
     6  the plan shall include but not be limited to:
     7    i.  the  development  of  a draft management plan in consultation with
     8  stakeholders that includes ecosystem management studies;
     9    ii. the opportunity for public comment on the draft plan, including:
    10    (1) a public comment period of at least 30 days; and
    11    (2) a public hearing to present proposals contained in the draft  plan
    12  and receive public comment;
    13    iii. the review and summary of public comments; and
    14    iv. the development and adoption of a final management plan.
    15    b. The management plan shall include, but not be limited to:
    16    i. a map of the area, delineating the boundaries of the property;
    17    ii.  an  inventory  of  natural  resources, including plants, fish and
    18  wildlife, water resources, wetlands, soils,  and  rare,  threatened  and
    19  endangered species and historic and archeological resources;
    20    iii.  an  inventory  of existing infrastructure, including structures,
    21  roads, trails, and other man-made features;
    22    iv. appropriate uses of the property, including the identification  of
    23  areas that may be open to hunting and appropriate buffers;
    24    v.  strategies  to  facilitate  community engagement, including nature
    25  interpretive opportunities;
    26    vi. methods to minimize conflicts among recreational users; and
    27    vii. opportunities for partnerships.
    28    c. The management plan shall prohibit:
    29    i. the use of firearms for hunting; and
    30    ii. commercial logging activities.
    31    § 4. Paragraph (e) of subdivision 1 of section 536 of the real proper-
    32  ty tax law, as added by section 1 of part W of chapter 62 of the laws of
    33  2006, is amended to read as follows:
    34    (e) Lands owned by the state, within the core preservation area of the
    35  Central Pine Barrens area as described and bounded by subdivision eleven
    36  of section 57-0107 of the environmental conservation law, situate in the
    37  following school districts:
 
    38  County                School District               Town
 
    39  Suffolk               Rocky Point Union Free        Brookhaven
    40                        school district
    41                        Eastport Union Free school    Brookhaven
    42                        district                      Southampton
    43                        Longwood Central school       Brookhaven
    44                        district
    45                        Riverhead Central school      Brookhaven
    46                        district                      Riverhead
    47                                                      Southampton
    48                        Hampton Bays Union Free       Southampton
    49                        school district
    50                        Shoreham-Wading River         Brookhaven
    51                        Central school                Riverhead
    52                        district
    53    § 5. This act shall take effect January 1, 2019; provided that if  the
    54  provisions  of this act establishing a new description and boundaries of

        S. 7508--C                         39                         A. 9508--C
 
     1  the Central Pine Barrens Area or the core preservation area  removes  or
     2  excludes  any  of the lands of the Central Pine Barrens Area or the core
     3  preservation area as such lands are described and bounded in chapter 267
     4  of  the  laws of 2015, and/or protections established and/or provided by
     5  such act, this act shall be deemed repealed and of no force  and  effect
     6  and  chapter  267  of  the  laws  of 2015 shall remain in full force and
     7  effect.  The state legislature shall notify the legislative bill  draft-
     8  ing  commission  of any such decrease and resulting repeal in order that
     9  the commission may maintain an accurate and timely effective  data  base
    10  of the official text of the laws of the state of New York in furtherance
    11  of  effectuating the provisions of section 44 of the legislative law and
    12  section 70-b of the public officers law.
 
    13                                   PART DD
 
    14    Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
    15  laws  of  2018  to  the  department  of agriculture and markets from the
    16  special  revenue  funds-other/state  operations,  miscellaneous  special
    17  revenue  fund-339,  public  service  account  shall  be  subject  to the
    18  provisions of this section. Notwithstanding any other provision  of  law
    19  to the contrary, direct and indirect expenses relating to the department
    20  of   agriculture   and  markets'  participation  in  general  ratemaking
    21  proceedings pursuant to section 65 of the public service law or  certif-
    22  ication  proceedings  pursuant  to article 7 or 10 of the public service
    23  law, shall be deemed expenses of the department of public service within
    24  the meaning of section 18-a of the public service  law.  No  later  than
    25  August  15,  2019, the commissioner of the department of agriculture and
    26  markets shall submit an accounting of such expenses, including, but  not
    27  limited  to,  expenses  in the 2018 -- 2019 fiscal year for personal and
    28  non-personal services and fringe benefits, to the chair  of  the  public
    29  service  commission for the chair's review pursuant to the provisions of
    30  section 18-a of the public service law.
    31    § 2. Expenditures of moneys appropriated in a chapter of the  laws  of
    32  2018  to  the  department  of  state  from  the  special  revenue funds-
    33  other/state operations, miscellaneous special revenue  fund-339,  public
    34  service  account  shall  be  subject  to the provisions of this section.
    35  Notwithstanding any other provision of law to the contrary,  direct  and
    36  indirect  expenses  relating  to  the  activities  of  the department of
    37  state's utility intervention unit pursuant to subdivision 4  of  section
    38  94-a  of  the executive law, including, but not limited to participation
    39  in general ratemaking proceedings pursuant to section 65 of  the  public
    40  service  law or certification proceedings pursuant to article 7 or 10 of
    41  the public service law, shall be deemed expenses of  the  department  of
    42  public  service within the meaning of section 18-a of the public service
    43  law.  No later than August 15, 2019, the secretary of state shall submit
    44  an accounting of such expenses, including, but not limited to,  expenses
    45  in  the  2018 -- 2019 fiscal year for personal and non-personal services
    46  and fringe benefits, to the chair of the public service  commission  for
    47  the  chair's  review  pursuant  to the provisions of section 18-a of the
    48  public service law.
    49    § 3. Expenditures of moneys appropriated in a chapter of the  laws  of
    50  2018  to  the office of parks, recreation and historic preservation from
    51  the special revenue funds-other/state operations, miscellaneous  special
    52  revenue  fund-339,  public  service  account  shall  be  subject  to the
    53  provisions of this section. Notwithstanding any other provision  of  law
    54  to  the contrary, direct and indirect expenses relating to the office of

        S. 7508--C                         40                         A. 9508--C
 
     1  parks, recreation and historic preservation's participation  in  general
     2  ratemaking  proceedings pursuant to section 65 of the public service law
     3  or certification proceedings pursuant to article 7 or 10 of  the  public
     4  service  law,  shall  be  deemed  expenses  of  the department of public
     5  service within the meaning of section 18-a of the public service law. No
     6  later than August 15, 2019, the commissioner of  the  office  of  parks,
     7  recreation  and historic preservation shall submit an accounting of such
     8  expenses, including, but not limited to, expenses in the  2018  --  2019
     9  fiscal  year for personal and non-personal services and fringe benefits,
    10  to the chair of the public service commission  for  the  chair's  review
    11  pursuant to the provisions of section 18-a of the public service law.
    12    §  4.  Expenditures of moneys appropriated in a chapter of the laws of
    13  2018 to the department of environmental conservation  from  the  special
    14  revenue funds-other/state operations, environmental conservation special
    15  revenue  fund-301,  utility  environmental  regulation  account shall be
    16  subject to the provisions of this  section.  Notwithstanding  any  other
    17  provision  of law to the contrary, direct and indirect expenses relating
    18  to the department of environmental conservation's participation in state
    19  energy policy proceedings,  or  certification  proceedings  pursuant  to
    20  article  7  or 10 of the public service law, shall be deemed expenses of
    21  the department of public service within the meaning of section  18-a  of
    22  the  public service law. No later than August 15, 2019, the commissioner
    23  of the department of environmental conservation shall submit an account-
    24  ing of such expenses, including, but not limited  to,  expenses  in  the
    25  2018  --  2019  fiscal  year  for personal and non-personal services and
    26  fringe benefits, to the chair of the public service commission  for  the
    27  chair's  review pursuant to the provisions of section 18-a of the public
    28  service law.
    29    § 5. Notwithstanding any other law, rule or regulation to the  contra-
    30  ry,  expenses  of  the  department  of  health  public service education
    31  program incurred pursuant to appropriations from  the  cable  television
    32  account of the state miscellaneous special revenue funds shall be deemed
    33  expenses  of  the department of public service. No later than August 15,
    34  2019, the commissioner of the  department  of  health  shall  submit  an
    35  accounting  of  expenses in the 2018 -- 2019 fiscal year to the chair of
    36  the public service commission for the chair's  review  pursuant  to  the
    37  provisions of section 217 of the public service law.
    38    §  6.  Any  expense  deemed to be expenses of the department of public
    39  service pursuant to sections one through four of this act shall  not  be
    40  recovered  through  assessments  imposed  upon telephone corporations as
    41  defined in subdivision 17 of section 2 of the public service law.
    42    § 7. This act shall take effect immediately and  shall  be  deemed  to
    43  have  been in full force and effect on and after April 1, 2018 and shall
    44  be deemed repealed April 1, 2019.
 
    45                                   PART EE
 
    46    Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
    47  research  and  development  authority  for  services and expenses of the
    48  energy  research,  development  and  demonstration  program,   including
    49  grants, the energy policy and planning program, the zero emissions vehi-
    50  cle  and  electric vehicle rebate program, and the Fuel NY program shall
    51  be subject to  the  provisions  of  this  section.  Notwithstanding  the
    52  provisions of subdivision 4-a of section 18-a of the public service law,
    53  all  moneys committed or expended in an amount not to exceed $19,700,000
    54  shall be reimbursed by assessment against gas corporations,  as  defined

        S. 7508--C                         41                         A. 9508--C
 
     1  in  subdivision  11  of section 2 of the public service law and electric
     2  corporations as defined in subdivision 13 of section  2  of  the  public
     3  service  law, where such gas corporations and electric corporations have
     4  gross  revenues from intrastate utility operations in excess of $500,000
     5  in the preceding calendar year,  and  the  total  amount  which  may  be
     6  charged  to  any  gas corporation and any electric corporation shall not
     7  exceed one cent per one thousand cubic feet of gas sold  and  .010  cent
     8  per  kilowatt-hour  of  electricity  sold  by such corporations in their
     9  intrastate utility operations in calendar year 2016. Such amounts  shall
    10  be  excluded  from the general assessment provisions of subdivision 2 of
    11  section 18-a of the public service law. The chair of the public  service
    12  commission  shall  bill  such  gas and/or electric corporations for such
    13  amounts on or before August 10, 2018 and such amounts shall be  paid  to
    14  the  New  York  state  energy  research  and development authority on or
    15  before September 10, 2018. Upon  receipt,  the  New  York  state  energy
    16  research and development authority shall deposit such funds in the ener-
    17  gy  research  and  development  operating  fund  established pursuant to
    18  section 1859 of the public authorities law. The New  York  state  energy
    19  research  and  development  authority is authorized and directed to: (1)
    20  transfer $1 million to the state general fund for services and  expenses
    21  of  the  department of environmental conservation, $150,000 to the state
    22  general fund for services and expenses of the department of  agriculture
    23  and  markets, and $825,000 to the University of Rochester laboratory for
    24  laser energetics from the funds received; and (2)  commencing  in  2016,
    25  provide  to  the chair of the public service commission and the director
    26  of the budget and the chairs and secretaries of the  legislative  fiscal
    27  committees,  on or before August first of each year, an itemized record,
    28  certified by the president and chief executive officer of the authority,
    29  or his or her designee, detailing any and all expenditures  and  commit-
    30  ments  ascribable  to  moneys received as a result of this assessment by
    31  the chair of the department of public service pursuant to  section  18-a
    32  of  the public service law.  This itemized record shall include an item-
    33  ized breakdown of the programs being funded  by  this  section  and  the
    34  amount  committed  to each program.   The authority shall not commit for
    35  any expenditure, any moneys derived from the assessment provided for  in
    36  this  section,  until  the chair of such authority shall have submitted,
    37  and the director of the budget  shall  have  approved,  a  comprehensive
    38  financial  plan encompassing all moneys available to and all anticipated
    39  commitments and expenditures by such authority from any source  for  the
    40  operations  of  such  authority.    Copies of the approved comprehensive
    41  financial plan shall be immediately submitted by the chair to the chairs
    42  and secretaries of the legislative fiscal committees.   Any such  amount
    43  not  committed by such authority to contracts or contracts to be awarded
    44  or otherwise expended by the authority during the fiscal year  shall  be
    45  refunded  by such authority on a pro-rata basis to such gas and/or elec-
    46  tric corporations, in a manner to be determined  by  the  department  of
    47  public  service,  and any refund amounts must be explicitly lined out in
    48  the itemized record described above.
    49    § 2. This act shall take effect immediately and  shall  be  deemed  to
    50  have been in full force and effect on and after April 1, 2018.
 
    51                                   PART FF
 
    52                            Intentionally Omitted
 
    53                                   PART GG

        S. 7508--C                         42                         A. 9508--C

     1                            Intentionally Omitted
 
     2                                   PART HH
 
     3    Section  1. Paragraph (a) of subdivision 6 of section 1304 of the real
     4  property actions and proceedings law, as amended by section 6 of part  Q
     5  of chapter 73 of the laws of 2016, is amended to read as follows:
     6    (a)  (1)  "Home loan" means a loan, including an open-end credit plan,
     7  [other than a reverse mortgage transaction,] in which:
     8    (i) The borrower is a natural person;
     9    (ii) The debt is incurred by  the  borrower  primarily  for  personal,
    10  family, or household purposes;
    11    (iii)  The  loan  is  secured  by  a mortgage or deed of trust on real
    12  estate improved by a one to four family dwelling, or a condominium unit,
    13  in either case, used or occupied, or intended to  be  used  or  occupied
    14  wholly  or  partly,  as the home or residence of one or more persons and
    15  which is or will be occupied by the borrower as the borrower's principal
    16  dwelling; and
    17    (iv) The property is located in this state.
    18    (2) A home loan shall include a loan secured  by  a  reverse  mortgage
    19  that  meets the requirements of clauses (i) through (iv) of subparagraph
    20  one of this paragraph.
    21    § 2. Subdivision (a) of rule 3408 of the civil practice law and rules,
    22  as amended by section 3 of part Q of chapter 73 of the laws of 2016,  is
    23  amended to read as follows:
    24    (a)  [In]  1. Except as provided in paragraph two of this subdivision,
    25  in any residential foreclosure action involving a  high-cost  home  loan
    26  consummated  between  January  first,  two  thousand three and September
    27  first, two thousand eight, or a subprime or nontraditional home loan, as
    28  those terms are defined under section thirteen hundred four of the  real
    29  property  actions and proceedings law, in which the defendant is a resi-
    30  dent of the property subject to foreclosure,  the  court  shall  hold  a
    31  mandatory  conference  within  sixty  days  after the date when proof of
    32  service is filed with the county clerk, or on such adjourned date as has
    33  been agreed to by the parties, for the  purpose  of  holding  settlement
    34  discussions  pertaining  to  the  relative rights and obligations of the
    35  parties under the mortgage loan documents, including,  but  not  limited
    36  to: [1.] (i) determining whether the parties can reach a mutually agree-
    37  able  resolution to help the defendant avoid losing his or her home, and
    38  evaluating the potential for a resolution in which payment schedules  or
    39  amounts  may  be  modified  or  other  workout  options may be agreed to
    40  including, but not limited to, a loan modification, short sale, deed  in
    41  lieu  of  foreclosure, or any other loss mitigation option; or [2.] (ii)
    42  whatever other purposes the court deems appropriate.
    43    2. (i) Paragraph one of this subdivision shall not  apply  to  a  home
    44  loan  secured  by  a reverse mortgage where the default was triggered by
    45  the death of the last surviving borrower unless:
    46    (A) the last surviving borrower's spouse, if any, is a resident of the
    47  property subject to foreclosure; or
    48    (B) the last surviving  borrower's  successor  in  interest,  who,  by
    49  bequest  or  through intestacy, owns, or has a claim to the ownership of
    50  the property subject to foreclosure, and who  was  a  resident  of  such
    51  property at the time of the death of such last surviving borrower.
    52    (ii)  The  superintendent  of  financial  services may promulgate such
    53  rules and regulations as he or she shall deem necessary to implement the
    54  provisions of this paragraph.

        S. 7508--C                         43                         A. 9508--C
 
     1    § 3. Section 1304 of the real property actions and proceedings law  is
     2  amended by adding a new subdivision 1-a to read as follows:
     3    1-a.  Notwithstanding  any  other  provision  of law, with regard to a
     4  reverse mortgage home loan, at least ninety days  before  a  lender,  an
     5  assignee  or a mortgage loan servicer commences legal action against the
     6  borrower or borrowers at the property address and any other addresses of
     7  record, including reverse mortgage foreclosure, such lender, assignee or
     8  mortgage loan servicer shall give notice to the  borrower  in  at  least
     9  fourteen-point  type  except  for the heading which shall be in at least
    10  sixteen-point type which shall include the following:
    11                   "YOU COULD LOSE YOUR HOME TO FORECLOSURE.
    12                 PLEASE READ THE FOLLOWING NOTICE CAREFULLY.
 
    13  Date
    14  Borrower's address
    15  Loan Number:
    16  Property Address:
    17  Dear Borrower(s):
 
    18  As of ___________, we as your lender or servicer claim that your reverse
    19  mortgage loan is ___ days in default. Under New York State Law,  we  are
    20  required  to  send you this notice to inform you that you may be at risk
    21  of losing your home.
 
    22  We, the lender or servicer of your loan, are claiming that your  reverse
    23  mortgage  loan  is  in  default  because  you have not complied with the
    24  following conditions of your loan:
 
    25  _____ You are not occupying your home as your principal residence
    26  _____ You did not submit the required annual certificate of occupancy
    27  _____ The named borrower on the reverse mortgage has died
    28  _____ You did not pay property taxes
    29            {Servicer name} paid your property  taxes  for  the  following
    30            time periods:___________________________
    31            ______________________ {quarter/year}
    32  _____ You did not maintain homeowner's insurance
    33            {Servicer name} purchased homeowner's insurance for you on the
    34            following    date(s)    and   for   the   following   cost(s):
    35            ____________________________________
    36  _____ You did not pay water/sewer charges
    37            {Servicer name}  paid  water/sewer  charges  for  you  on  the
    38            following    date(s)    and   for   the   following   cost(s):
    39            ________________________
    40  _____ You did not make required repairs to your home
 
    41  If the claim is based on your failure to pay property or water and sewer
    42  charges or maintain homeowner's insurance, you can cure this default  by
    43  making the payment of $____________ for the advancements we made towards
    44  these payments on your behalf.
 
    45  You  have the right to dispute the claims listed above by contacting us,
    46  by calling ___________ or sending a letter to  __________________.  This
    47  may include proof of payments made for property taxes or water and sewer
    48  charges  or  a  current declaration page from your insurance company, or
    49  any other proof to dispute the servicer's claim.

        S. 7508--C                         44                         A. 9508--C
 
     1  If you are in default for failure  to  pay  property  charges  (property
     2  taxes, homeowner's insurance and/or water/sewer charges) you may qualify
     3  for a grant, loan, or re-payment plan to cure the default balance owed.
 
     4  If  you  are  in  default  due  to  the death of your spouse, you may be
     5  considered an eligible "Non-Borrowing Spouse" under a HUD program  which
     6  allows you to remain in your home for the rest of your life.
 
     7  If you are over the age of 80 and have a long term illness, you may also
     8  qualify  for the "At-Risk Extension," which allows you to remain in your
     9  home for one additional year and requires an annual re-certification.
 
    10  Attached to this notice is a list of government-approved  housing  coun-
    11  seling agencies and legal services in your area which provide free coun-
    12  seling. You can also call the NYS Office of the Attorney General's Home-
    13  owner  Protection  Program  (HOPP)  toll-free  consumer  hotline  to  be
    14  connected  to  free  housing  counseling  services  in  your   area   at
    15  1-855-HOME-456    (1-855-466-3456),    or   visit   their   website   at
    16  http://www.aghomehelp.com. A statewide listing by county is also  avail-
    17  able   at   http://www.dfs.ny.gov/consumer/mortg nys np counseling agen-
    18  cies.htm.  You may also call your local Department of Aging for a refer-
    19  ral or call 311 if you live in New York City.
 
    20  Qualified free help is available; watch out for companies or people  who
    21  charge a fee for these services.
 
    22  You  may  also  contact us directly at __________ and ask to discuss all
    23  possible options to allow you to cure your default and prevent the fore-
    24  closure of your home.   While we cannot  ensure  that  a  resolution  is
    25  possible,  we  encourage you to take immediate steps to try to achieve a
    26  resolution. The longer you wait, the fewer options you may have.
 
    27  If you have not taken any actions to resolve this matter within 90  days
    28  from  the  date  this  notice  was  mailed, we may commence legal action
    29  against you (or sooner if you cease to live  in  the  dwelling  as  your
    30  primary residence).
 
    31  If  you need further information, please call the New York State Depart-
    32  ment of Financial Services' toll-free helpline at 877-226-5697 or  visit
    33  the Department's website at http://www.dfs.ny.gov.
 
    34  IMPORTANT: You have the right to remain in your home until you receive a
    35  court  order  telling you to leave the property. If a foreclosure action
    36  is filed against you in court, you still have the right to remain in the
    37  home until a court orders you to leave. You legally remain the owner  of
    38  and  are  responsible for the property until the property is sold by you
    39  or  by  order  of  the  court  at  the  conclusion  of  any  foreclosure
    40  proceedings.  This  notice  is not an eviction notice, and a foreclosure
    41  action has not yet been commenced against you."
 
    42    A lender, assignee or mortgage loan servicer  of  a  reverse  mortgage
    43  home  loan  which  provides  notice  to the borrower as required by this
    44  subdivision is not required to provide  notice  to  such  borrower  with
    45  regard to such loan pursuant to subdivision one of this section.

        S. 7508--C                         45                         A. 9508--C
 
     1    §  4.  Subdivisions 2, 3, 4 and 5 of section 1304 of the real property
     2  actions and proceedings law, as amended by section 6 of part Q of  chap-
     3  ter 73 of the laws of 2016, are amended to read as follows:
     4    2. [Such notice] The notices required by this section shall be sent by
     5  such  lender,  assignee (including purchasing investor) or mortgage loan
     6  servicer to the borrower, by registered or certified mail  and  also  by
     7  first-class  mail  to the last known address of the borrower, and to the
     8  residence that is the subject of the mortgage. [Such notice] The notices
     9  required by this section shall be sent by the lender, assignee or  mort-
    10  gage  loan  servicer  in  a  separate envelope from any other mailing or
    11  notice. Notice is considered given as of the  date  it  is  mailed.  The
    12  [notice]  notices  required by this section shall contain a current list
    13  of at least five housing counseling agencies serving  the  county  where
    14  the  property  is  located  from  the most recent listing available from
    15  department of financial services. The list shall include the  counseling
    16  agencies'  last known addresses and telephone numbers. The department of
    17  financial services shall make available on its websites  a  listing,  by
    18  county, of such agencies. The lender, assignee or mortgage loan servicer
    19  shall use such lists to meet the requirements of this section.
    20    3.  The  ninety day period specified in the [notice] notices contained
    21  in [subdivision] subdivisions one and one-a of this  section  shall  not
    22  apply, or shall cease to apply, if the borrower has filed for bankruptcy
    23  protection  under federal law, or if the borrower no longer occupies the
    24  residence as the borrower's principal  dwelling.  Nothing  herein  shall
    25  relieve the lender, assignee or mortgage loan servicer of the obligation
    26  to  send such [notice] notices, which [notice] notices shall be a condi-
    27  tion precedent to commencing a foreclosure proceeding.
    28    4. The [notice] notices required by this section and  the  ninety  day
    29  period  required  by  [subdivision]  subdivisions  one and one-a of this
    30  section need only be provided once in a twelve month period to the  same
    31  borrower  in connection with the same loan and same delinquency.  Should
    32  a borrower cure a delinquency but re-default in the  same  twelve  month
    33  period, the lender shall provide a new notice pursuant to this section.
    34    5.  For  any  borrower  known to have limited English proficiency, the
    35  [notice] notices required by [subdivision] subdivisions one and one-a of
    36  this section shall be in the borrower's native language (or  a  language
    37  in  which the borrower is proficient), provided that the language is one
    38  of the six most common non-English languages spoken by individuals  with
    39  limited  English  proficiency  in the state of New York, based on United
    40  States census data. The department of financial services shall post  the
    41  [notice] notices required by [subdivision] subdivisions one and one-a of
    42  this section on its website in the six most common non-English languages
    43  spoken  by  individuals with limited English proficiency in the state of
    44  New York, based on the United States census data.
    45    §  5.  Subdivision  2  of  1304  of  the  real  property  actions  and
    46  proceedings  law, as amended by section 7 of part Q of chapter 73 of the
    47  laws of 2016, is amended to read as follows:
    48    2. [Such notice] The notices required by this section shall be sent by
    49  the lender or mortgage loan servicer to the borrower, by  registered  or
    50  certified mail and also by first-class mail to the last known address of
    51  the borrower, and to the residence which is the subject of the mortgage.
    52  Notice is considered given as of the date it is mailed. [The notice] The
    53  notices  required by this section shall contain a current list of United
    54  States department of housing  and  urban  development  approved  housing
    55  counseling  agencies,  or  other housing counseling agencies serving the
    56  county where the property is located from the most recent listing avail-

        S. 7508--C                         46                         A. 9508--C
 
     1  able from the department of financial services. The list  shall  include
     2  the counseling agencies' last known addresses and telephone numbers. The
     3  department  of  financial  services  shall  make available a listing, by
     4  county,  of such agencies which the lender or mortgage loan servicer may
     5  use to meet the requirements of this section.
     6    § 6. This act shall take effect immediately and  shall  be  deemed  to
     7  have  been  in  full  force  and  effect  on  and  after April 20, 2017;
     8  provided, however that sections three and four of this  act  shall  take
     9  effect  on the thirtieth day after it shall have become a law; provided,
    10  further, however that:
    11    (a) the amendments to subdivision 6 of section 1304 of the real  prop-
    12  erty actions and proceedings law, made by section one of this act, shall
    13  not  affect the expiration and reversion of such subdivision pursuant to
    14  subdivision a of section 25 of chapter 507  of  the  laws  of  2009,  as
    15  amended, and shall be deemed repealed therewith;
    16    (b)  the amendments to subdivision (a) of rule 3408 of the civil prac-
    17  tice law and rules, made by section two of this act, shall  take  effect
    18  on  the same date and in the same manner as section 3 of part Q of chap-
    19  ter 73 of the laws of 2016 takes effect; and
    20    (c) the amendments to subdivision 2 of section 1304 of the real  prop-
    21  erty  actions and proceedings law made by section four of this act shall
    22  be subject to the expiration and reversion of such subdivision  pursuant
    23  to  subdivision  a  of section 25 of chapter 507 of the laws of 2009, as
    24  amended, when upon such date the provisions of section five of this  act
    25  shall take effect.
 
    26                                   PART II
 
    27                            Intentionally Omitted
 
    28                                   PART JJ
 
    29    Section 1. The public buildings law is amended by adding a new section
    30  144 to read as follows:
    31    § 144. Lactation room in public buildings. 1. As used in this section:
    32    (a)  "covered  public  building"  means a public building owned by the
    33  state of New York, under the supervision and control of the commissioner
    34  of general services, that is determined by said commissioner to be  open
    35  to the public; and
    36    (b)  "lactation  room"  means a hygienic place, other than a bathroom,
    37  that:
    38    (1) is shielded from view;
    39    (2) is free from intrusion;
    40    (3) contains a chair, a working surface, and, if the  public  building
    41  is otherwise supplied with electricity, an electrical outlet; and
    42    (4) is intended to be used for the primary purpose of breastfeeding or
    43  expressing breast milk.
    44    2.  A  covered  public building shall contain a lactation room that is
    45  made available for use by a  member  of  the  public  to  breastfeed  or
    46  express breast milk.
    47    3. A covered public building shall be excluded from the requirement of
    48  subdivision two of this section if:
    49    (a)  the public building does not have a room that could be repurposed
    50  as a lactation room or a space that could be made private, at a  reason-
    51  able cost; or

        S. 7508--C                         47                         A. 9508--C
 
     1    (b)  new  construction would be required to create a lactation room in
     2  the public building and the cost of such construction is unfeasible.
     3    4. Nothing in this section shall be construed to authorize an individ-
     4  ual  to  enter  a  public  building that the individual is not otherwise
     5  authorized to enter.
     6    § 2. This act shall take effect one year after it shall have become  a
     7  law.
 
     8                                   PART KK
 
     9    Section  1.  The department of state in conjunction with the office of
    10  general services shall analyze and report on the feasibility of install-
    11  ing at least one adult changing station  for  persons  with  a  physical
    12  disability  that  is accessible to both men and women in a public build-
    13  ing. Such examination shall include the  technical  criteria  for  adult
    14  changing  stations,  including design features, size and weight require-
    15  ments, and clearance provisions. The department shall analyze and report
    16  on the definition of a public building  and  include  cost  projections,
    17  privacy  concerns and appropriate locations for installation and mainte-
    18  nance of adult changing stations in  public  buildings.  The  department
    19  shall  issue the report to the governor and the legislature on or before
    20  February 15, 2019.
    21    § 2. This act shall take effect immediately.
 
    22                                   PART LL
 
    23    Section 1. Subdivision 15 of section  378  of  the  executive  law  is
    24  renumbered subdivision 18.
    25    §  2. Subdivision 16 of section 378 of the executive law is renumbered
    26  subdivision 15 and two new subdivisions 16 and 17 are added to  read  as
    27  follows:
    28    16.  Standards  requiring the installation and maintenance of at least
    29  one safe, sanitary, and convenient diaper changing station, deck, table,
    30  or similar amenity which shall be available for use  by  both  male  and
    31  female  occupants  and  which  shall  comply  with section 603.5 (Diaper
    32  Changing Tables) of the two thousand nine  edition  of  the  publication
    33  entitled  ICC  A117.1,  Accessible  and Usable Buildings and Facilities,
    34  published by the International Code Council, Inc., on each  floor  level
    35  containing  a  public  toilet room in all newly constructed buildings in
    36  the state that have one or more areas classified  as  assembly  group  A
    37  occupancies or mercantile group M occupancies and in all existing build-
    38  ings  in  the  state  that have one or more areas classified as assembly
    39  group A occupancies or mercantile group  M  occupancies  and  undergo  a
    40  substantial  renovation.  The  council shall prescribe the type of reno-
    41  vation to be deemed to be a substantial renovation for the  purposes  of
    42  this  subdivision.  The  council  may exempt historic buildings from the
    43  requirements of this subdivision.
    44    17. Standards requiring that, in each building that has  one  or  more
    45  areas  classified  as assembly group A occupancies or mercantile group M
    46  occupancies and in which at least one  diaper  changing  station,  deck,
    47  table,  or  similar  amenity  is  installed, a sign shall be posted in a
    48  conspicuous place in each public toilet room indicating the location  of
    49  the  nearest  diaper  changing  station, deck, table, or similar amenity
    50  that is available for use by the gender using such public  toilet  room.
    51  The  requirements  of  this  subdivision  shall  apply without regard to
    52  whether the diaper changing station, deck, table, or similar amenity was

        S. 7508--C                         48                         A. 9508--C
 
     1  installed voluntarily or pursuant to subdivision sixteen of this section
     2  or any other applicable law, statute, rule, or regulation. No such  sign
     3  shall  be  required in a public toilet room in which any diaper changing
     4  station, deck, table, or similar amenity is located.
     5    §  3.  This  act shall take effect January 1, 2019; provided, however,
     6  that effective immediately, the addition, amendment and/or repeal of any
     7  rules or regulations by the secretary of state and/or by the state  fire
     8  prevention and building code council necessary for the implementation of
     9  section  two  of  this  act  on  its  effective  date are authorized and
    10  directed to be made and completed on or before such effective date.
 
    11                                   PART MM

    12    Section 1. Paragraph (c) of subdivision 1 of section 11-a of the  soil
    13  and  water  conservation  districts law, as amended by section 2 of part
    14  U-1 of chapter 109 of the laws of 2006, is amended to read as follows:
    15    (c) Within amounts available, [provide] financial assistance  to  each
    16  soil  and  water  conservation  district,  in  addition  to  the amounts
    17  provided under paragraphs (a) and (b)  of  this  subdivision[,  for  the
    18  purposes  of  carrying out projects for the conservation of the soil and
    19  water resources of this state, and for the improvement of water quality,
    20  and for  the  control  and  prevention  of  soil  erosion  and  for  the
    21  prevention  of  floodwater  and sediment damages, and for furthering the
    22  conservation, development, utilization and disposal of water, and there-
    23  by to preserve natural resources, control and abate nonpoint sources  of
    24  water pollution, assist in the control of floods, assist in the drainage
    25  and  irrigation  of  agricultural  lands, prevent impairment of dams and
    26  reservoirs,  assist  in  maintaining  the  navigability  of  rivers  and
    27  harbors,  preserve wildlife, protect the tax base, protect public lands,
    28  and protect and promote the health, safety and general  welfare  of  the
    29  people  of  this  state. Any funds made available pursuant to this para-
    30  graph] shall be [available for financial assistance for the purposes  of
    31  carrying  out  such  activities  to  each  soil  and  water conservation
    32  district on a competitive basis] distributed equally to  districts  that
    33  qualify  pursuant to performance standards to be established by the soil
    34  and water conservation committee and the commissioner of the  department
    35  of  agriculture  and  markets  in  rules and regulations. Such standards
    36  shall include, but not be limited to, (i) demonstrating the  extent  and
    37  sufficiency  of  district  board  activity  including  board operations,
    38  financial oversight and training; (ii) district reporting  requirements,
    39  including  annual  reports  and  responding  to the state committee, and
    40  public outreach and education  activities;  (iii)  the  quality  of  the
    41  delivery  of  state  natural  resource  conservation  programs including
    42  appropriate certifications, training, timely completion of projects, and
    43  compliance with reporting; [and] (iv) the ability of the district to use
    44  such funding to  leverage  additional  funds  from  local,  federal  and
    45  private  sources; and (v) the ability to promote partnerships and assist
    46  local governments and non-governmental organizations.
    47    § 2. This act shall take effect immediately.
 
    48                                   PART NN
 
    49    Section 1. Subdivisions 3, 5 and 7 of section 19-0323 of the  environ-
    50  mental  conservation  law, as amended by section 1 of part UU of chapter
    51  58 of the laws of 2017, are amended to read as follows:

        S. 7508--C                         49                         A. 9508--C
 
     1    3. Any diesel powered heavy duty vehicle that is owned by, operated by
     2  or on behalf of, or leased by a state  agency  and  state  and  regional
     3  public  authority with more than half of its governing body appointed by
     4  the governor shall utilize the best available  retrofit  technology  for
     5  reducing  the  emission of pollutants. The commissioner shall promulgate
     6  regulations for the implementation of this subdivision  specifying  that
     7  all  vehicles  covered  by  this  subdivision  shall have best available
     8  retrofit technology on or before December 31, [2018] 2019.
     9    This subdivision shall not apply to any vehicle subject to a lease  or
    10  public  works  contract  entered  into or renewed prior to the effective
    11  date of this section.
    12    5. In addition to any waiver which may be issued pursuant to  subdivi-
    13  sion  four  of  this  section,  the department shall issue a waiver to a
    14  state agency, a state or regional public authority, or a person  operat-
    15  ing  any  diesel-powered heavy duty vehicle on behalf of a state agency,
    16  state or regional public authority, upon a request in a form  acceptable
    17  to  the department for a waiver from the provisions of subdivision three
    18  of this section for a vehicle engine provided that such  vehicle  engine
    19  will  cease  to be used in the state on or before December thirty-first,
    20  two thousand [nineteen] twenty.   Any waiver  issued  pursuant  to  this
    21  subdivision shall expire when a state agency, a state or regional public
    22  authority,  or  a person operating any diesel-powered heavy duty vehicle
    23  on behalf of a state agency, state or regional public  authority  ceases
    24  to use the engine in the state but not later than December thirty-first,
    25  two thousand [nineteen] twenty.
    26    7. On or before January 1, 2008 and every year thereafter, the commis-
    27  sioner  shall report to the governor and legislature on the use of ultra
    28  low sulfur diesel fuel. On or before January 1, [2019]  2020  and  every
    29  year  thereafter,  the  commissioner  shall include in the report to the
    30  governor and legislature the use of the best available retrofit technol-
    31  ogy as required under this section. The information  contained  in  this
    32  report  shall  include, but not be limited to, for each state agency and
    33  public authority covered by this section: (a) the total number of diesel
    34  fuel-powered motor vehicles owned or operated by such agency and author-
    35  ity; (b) the number of such motor vehicles that were  powered  by  ultra
    36  low  sulfur  diesel  fuel;  (c)  the total number of diesel fuel-powered
    37  motor vehicles owned or operated by such agency and authority  having  a
    38  gross vehicle weight rating of more than 8,500 pounds; (d) the number of
    39  such  motor vehicles that utilized the best available retrofit technolo-
    40  gy, including a breakdown by motor vehicle model, engine  year  and  the
    41  type  of  technology used for each vehicle; (e) the number of such motor
    42  vehicles that are equipped with an engine certified  to  the  applicable
    43  2007 United States environmental protection agency standard for particu-
    44  late matter as set forth in section 86.007-11 of title 40 of the code of
    45  federal  regulations  or  to  any subsequent United States environmental
    46  protection agency standard for particulate matter that is  at  least  as
    47  stringent; and (f) all waivers, findings, and renewals of such findings,
    48  which,  for each waiver, shall include, but not be limited to, the quan-
    49  tity of diesel fuel needed to power diesel fuel-powered  motor  vehicles
    50  owned  or  operated  by  such agency and authority; specific information
    51  concerning the availability of ultra low sulfur diesel fuel.
    52    § 2. This act shall take effect immediately.
 
    53                                   PART OO

        S. 7508--C                         50                         A. 9508--C
 
     1    Section 1. Paragraph d of subdivision 3  of  section  33-0905  of  the
     2  environmental  conservation  law,  as  amended by section 1 of part U of
     3  chapter 59 of the laws of 2004, is amended to read as follows:
     4    d.  Except  as  provided  in  [paragraphs] paragraph e [and f] of this
     5  subdivision, pesticide applicator  certifications  shall  be  valid  for
     6  three  years  after  which every applicator shall recertify according to
     7  the requirements then  in  effect.  Certification  identification  cards
     8  shall be valid for three years.
     9    §  2.  Paragraph f of subdivision 3 of section 33-0905 of the environ-
    10  mental conservation law is REPEALED.
    11    § 3. Subdivision 2 of section 33-0911 of the  environmental  conserva-
    12  tion  law,  as amended by section 3 of part YY of chapter 59 of the laws
    13  of 2009, is amended to read as follows:
    14    2. [a. Except as provided in paragraph b of  this  subdivision,  fees]
    15  Fees  for pesticide applicator certification shall be four hundred fifty
    16  dollars for commercial pesticide applicator certification in  one  indi-
    17  vidual  category, one hundred fifty dollars for each additional category
    18  and one hundred fifty dollars for each additional  sub-category  chosen.
    19  For  private  applicators  a  fee of twenty-five dollars for the initial
    20  certified private applicator and five dollars for subsequent applicators
    21  on the same farm or business shall be charged at  the  time  of  initial
    22  certification, renewal of certification or recertification.
    23    [b.  Fees  for  pesticide  applicator  certification  for a commercial
    24  pesticide applicator with only subcategory 3A-ornamentals,  shade  trees
    25  and turf or only subcategory 3B-turf shall be two hundred dollars.]
    26    § 4. This act shall take effect immediately and shall apply to certif-
    27  ications issued on or after such date.
 
    28                                   PART PP
 
    29    Section  1.  Subdivision  3  of  section  27-1011 of the environmental
    30  conservation law, as amended by section 7 of part SS of  chapter  59  of
    31  the laws of 2009, is amended to read as follows:
    32    3. No deposit initiator, distributor or dealer shall sell or offer for
    33  sale  in  this  state  beverage  containers connected to each other by a
    34  separate holding device constructed  of  plastic  which  does  not:  (a)
    35  decompose by photodegradation or biodegradation[.]; or
    36    (b)  comply  with  minimum post-consumer recycled material content and
    37  hole diameter limitations as defined in rules and regulations promulgat-
    38  ed by the department, and is recyclable and indicates a resin  identifi-
    39  cation code.
    40    § 2. This act shall take effect immediately.
 
    41                                   PART QQ
 
    42    Section  1. Section 4 of chapter 495 of the laws of 2004, amending the
    43  insurance law and the public health law relating to the New  York  state
    44  health  insurance  continuation  assistance  demonstration  project,  as
    45  amended by section 1 of part NN of chapter 58 of the laws  of  2017,  is
    46  amended to read as follows:
    47    §  4.  This  act  shall take effect on the sixtieth day after it shall
    48  have become a law; provided, however, that  this  act  shall  remain  in
    49  effect  until  July 1, [2018] 2019 when upon such date the provisions of
    50  this act shall expire and be deemed repealed; provided, further, that  a
    51  displaced  worker shall be eligible for continuation assistance retroac-
    52  tive to July 1, 2004.

        S. 7508--C                         51                         A. 9508--C
 
     1    § 2. This act shall take effect immediately.
 
     2                                   PART RR
 
     3    Section  1. Section 1 of chapter 174 of the laws of 1968, constituting
     4  the New York state urban development  corporation  act,  is  amended  by
     5  adding a new section 52 to read as follows:
     6    §  52.  Small business innovation research (SBIR)/small business tech-
     7  nology transfer (STTR) technical assistance program. 1. The small  busi-
     8  ness  innovation  research/small  business technology transfer technical
     9  assistance program, hereafter referred to as "the  program",  is  hereby
    10  created in the corporation for the purposes of providing funds to eligi-
    11  ble  entities to provide technical assistance to small businesses of one
    12  hundred employees or less and located in New  York  state  in  competing
    13  successfully  for  grants  made  available through phase I and II of the
    14  federal small business innovation research program as  enacted  pursuant
    15  to  the small business innovation development act of 1982, and the small
    16  business technology transfer act of 1982, so as to increase  the  number
    17  of phase I and II SBIR and STTR award winners within the state.
    18    2.  Technical  assistance services under this section may include, but
    19  are not limited to:
    20    (a) outreach to small businesses to  promote  awareness  of  SBIR/STTR
    21  program solicitations;
    22    (b)  counseling  to  determine  the  ability  of  a business to pursue
    23  SBIR/STTR phase I and II funding, the technology match with the  federal
    24  agency  solicitation  to  be  pursued,  the  qualifications of personnel
    25  involved in the proposed project, and the level of support  needed  from
    26  the  technical  assistance program to produce a competitive application;
    27  and
    28    (c) proposal preparation assistance including grant writing, technolo-
    29  gy evaluation, and general proposal evaluation.
    30    3. In determining whether to provide technical  assistance  authorized
    31  pursuant  to  this  section to a small business, eligible entities shall
    32  consider the probability of  such  business  commercializing  any  inno-
    33  vations  resulting  from research funded by an SBIR or STTR award in New
    34  York state.
    35    4. (a) Entities that are eligible to receive funds under this  section
    36  shall  have  demonstrable  experience and success in providing technical
    37  assistance authorized pursuant to this section, and as determined by the
    38  corporation, and shall include:
    39    (i) centers for advanced technology established  pursuant  to  section
    40  thirty-one hundred two-b of the public authorities law;
    41    (ii)  technology  development  corporations  established  pursuant  to
    42  section thirty-one hundred two-d of the public authorities law;
    43    (iii) any university, college or community college located in New York
    44  state;
    45    (iv) centers of excellence established pursuant to section 3 of part T
    46  of chapter 84 of the laws of 2002 and section four hundred  ten  of  the
    47  economic development law; and
    48    (v)  any  other  entities that are located and based in New York state
    49  and demonstrate continuity of staffing, program, and purpose adequate to
    50  provide technical  assistance  to  small  businesses  pursuant  to  this
    51  section.
    52    (b)  Preference  for receiving funds under this section shall be given
    53  to entities that partner with other eligible  entities  to  provide  the

        S. 7508--C                         52                         A. 9508--C
 
     1  full  range of technical assistance services as specified in subdivision
     2  two of this section.
     3    (c) Entities receiving funds under this section shall match such funds
     4  on  a  one-to-one  basis. Such match shall consist of actual cash, sala-
     5  ries, staff time, or expenses directly attributable to the  purposes  of
     6  this section. Overhead costs may not be included in the match.
     7    5.  (a)  Funds can be used for costs related to conducting outreach to
     8  small businesses to promote awareness  of  SBIR/STTR  program  solicita-
     9  tions,  grant  preparation  and  review, and printing costs and supplies
    10  associated with the submission of grants.
    11    (b) From such funds as may be appropriated for  this  purpose  by  the
    12  legislature, the corporation shall make competitive awards in amounts of
    13  up  to  two hundred thousand dollars to providers of assistance pursuant
    14  to this section.
    15    6. (a) Entities receiving funds shall annually provide to  the  corpo-
    16  ration details on the following:
    17    (i)  description  of  small  businesses  served,  including technology
    18  focus, business size and location;
    19    (ii) SBIR and STTR grants applied for and  received  as  a  result  of
    20  assistance provided; and
    21    (iii) any other information deemed appropriate by the corporation.
    22    (b) The corporation shall include the information provided pursuant to
    23  subdivision  five of this section in the annual report filed pursuant to
    24  section four hundred four of the economic development law.
    25    (c) On or before June first, two thousand  nineteen,  the  corporation
    26  shall  evaluate  the effectiveness of the SBIR/STTR technical assistance
    27  program and report such findings to the governor and legislature.
    28    § 2. Section 3102-c of the public authorities law is REPEALED.
    29    § 3. This act shall take effect immediately.
 
    30                                   PART SS

    31    Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
    32  the  New  York  state  urban  development corporation act, is amended by
    33  adding a new section 16-dd to read as follows:
    34    § 16-dd. Community development  revolving  loan  program.  1.    Defi-
    35  nitions.  As  used  in  this section, the following terms shall have the
    36  following meanings:
    37    (a) "Community development financial institution" means  an  organiza-
    38  tion  whose  principal  office  is located in this state, which has been
    39  certified as a community development financial institution by the feder-
    40  al community development financial  institutions  fund,  as  established
    41  pursuant to 12 U.S.C. § 4701, et seq.
    42    (b) "Investment area" means a geographic area which:
    43    (i) Is economically distressed as defined in section sixteen-d of this
    44  act; and
    45    (ii)  Has  significant unmet needs for loans or is located in a feder-
    46  ally designated empowerment zone or enterprise community as  established
    47  pursuant  to title XIII of the federal omnibus budget reconciliation act
    48  of 1993 (Public Law 103-66).
    49    (c) "Low income" means having an income, adjusted for family size,  of
    50  not more than:
    51    (i)  For metropolitan areas, eighty percent of the area median income;
    52  or
    53    (ii) For non-metropolitan areas, the greater of eighty percent of  the
    54  area median income or the statewide non-metropolitan area median income.

        S. 7508--C                         53                         A. 9508--C
 
     1    (d)  "Targeted  population" means low-income individuals, minority and
     2  women-owned business  enterprises,  small  businesses,  microbusinesses,
     3  small  farm businesses, community-based not-for-profit corporations, and
     4  such other individuals and entities that otherwise lack adequate  access
     5  to loans as the corporation shall establish through guidelines.
     6    (e)  "Target  market" means a defined service area which serves one or
     7  more investment areas or targeted population.
     8    2. The community development revolving loan program is hereby  created
     9  to  provide  low  interest  loans or loan guarantees to a target market,
    10  where it is underserved and otherwise difficult to obtain  regular  bank
    11  financing.  Such  loans  or loan guarantees shall be made by a community
    12  development financial institution and shall be made in target markets to
    13  members of a targeted population for purposes including, but not limited
    14  to, working capital, the acquisition and/or improvement of real  proper-
    15  ty, the acquisition of machinery and equipment, property or improvements
    16  thereto,  residential mortgages, commercial mortgages, housing rehabili-
    17  tation, home improvement, and for such other purposes as the corporation
    18  shall establish through guidelines.
    19    3. A community development financial institution desiring  to  partic-
    20  ipate  in  the  program  shall  execute an agreement in such form as the
    21  corporation may prescribe and shall contain such terms and provisions as
    22  the corporation or its agent may deem as necessary and appropriate.
    23    4. (a) The corporation is hereby authorized to administer the  program
    24  created  in subdivision two of this section or, alternatively, to do the
    25  following:
    26    (i) enter into a contract with a third party to act as  the  agent  of
    27  the  corporation  with  respect  to  the administration of such program,
    28  pursuant to a competitive process;
    29    (ii) conduct an annual review and assessment of the performance of the
    30  third party in its capacity as agent for the  corporation  to  determine
    31  whether  the  contract  referenced in subparagraph (i) of this paragraph
    32  should be renewed for an additional two year period. The review shall be
    33  based on whether the third party agent has satisfactorily met the  terms
    34  and conditions of the contract; and
    35    (iii) promulgate rules and regulations with respect to the implementa-
    36  tion  of the community development revolving loan program established by
    37  this section and any other rules and regulations  necessary  to  fulfill
    38  the  purposes  of this section, in accordance with the state administra-
    39  tive procedure act.
    40    (b) Any contract entered into pursuant to subparagraph  (i)  of  para-
    41  graph (a) of this subdivision shall:
    42    (i)  be  for  a  period of two years and shall be renewed for an addi-
    43  tional two year period subject to requirements of subparagraph  (ii)  of
    44  paragraph (a) of this subdivision; and
    45    (ii) provide for compensation for expenses incurred by the third party
    46  agent  in  connection  with  its  services  as  agent and for such other
    47  services as the corporation may  deem  appropriate  including,  but  not
    48  limited  to  the use of the premises, personnel and personal property of
    49  the third party agent.
    50    5. The corporation is authorized to establish a  revolving  loan  fund
    51  account  into which funds may be received from any source, including but
    52  not limited  to,  the  corporation,  financial  institutions,  insurance
    53  companies,  business  corporations and from settlements of civil actions
    54  by the department of financial services, and from  which  funds  may  be
    55  expended for the aforementioned purposes.

        S. 7508--C                         54                         A. 9508--C
 
     1    6.  With respect to loans pursuant to this program, a community devel-
     2  opment financial institution may charge application, commitment and loan
     3  guarantee fees subject to a schedule of  fees  approved  by  the  corpo-
     4  ration.
     5    7.  A community development financial institution participating in the
     6  program shall submit to the corporation, an annual report detailing  the
     7  following:
     8    (a) the number of program loans made;
     9    (b) the amount of program funding used for loans;
    10    (c) the use of loan proceeds by the borrower;
    11    (d) the number of jobs created or retained;
    12    (e) a description of the economic development generated;
    13    (f) the status of outstanding program loans; and
    14    (g)  such  other  information  as  the  corporation or its agent shall
    15  require.
    16    8. The corporation may directly  or  through  a  third  party  conduct
    17  audits  of  a  community  development financial institution's compliance
    18  with the provisions of this section and any regulations promulgated.  In
    19  the  event  of  substantive noncompliance, the corporation may terminate
    20  the participation of such community development financial institution in
    21  the program.
    22    § 2. This act shall take effect April 1, 2018; provided,  however,  if
    23  this  act  shall become a law after such date it shall take effect imme-
    24  diately and shall be deemed to have been in full force and effect on and
    25  after April 1, 2018.  Effective  immediately,  the  addition,  amendment
    26  and/or repeal of any rule or regulation necessary for the implementation
    27  of this act on its effective date are authorized and directed to be made
    28  and completed on or before such effective date.
 
    29                                   PART TT
 
    30    Section  1. The undesignated paragraph of paragraph (b) of subdivision
    31  2 of section 1676 of the public authorities law, as added by chapter 260
    32  of the laws of 2000, is amended to read as follows:
    33    UCPA of the Capital District,  Inc.,  UCPA  of  Cayuga  County,  Inc.,
    34  United  Cerebral Palsy and Handicapped Children's Association of Chemung
    35  County, Inc., Finger Lakes United Cerebral Palsy, Inc., United  Cerebral
    36  Palsy Associations of Fulton and Montgomery Counties, Inc., United Cere-
    37  bral  Palsy  Association  of  the  Tri-Counties,  Inc., Franziska Racker
    38  Centers, Inc., United Cerebral Palsy Association of Nassau County, Inc.,
    39  United Cerebral Palsy of New York  City,  Inc.,  United  Cerebral  Palsy
    40  Association  of Niagara County, Inc., Orange County Cerebral Palsy Asso-
    41  ciation, Inc., United Cerebral Palsy of Queens,  Inc.,  United  Cerebral
    42  Palsy  Association of the Rochester Area, Inc., Jawonio, Inc., The Hand-
    43  icapped Children's Association of Southern New York, Inc., United  Cere-
    44  bral  Palsy  Association of Greater Suffolk, Inc., SDTC - The Center for
    45  Discovery, Inc., United Cerebral Palsy and Handicapped Children's  Asso-
    46  ciation  of Syracuse, Inc., United Cerebral Palsy of Ulster County Inc.,
    47  United Cerebral Palsy and Handicapped Person's Association of the  Utica
    48  Area,  Inc.,  United Cerebral Palsy Association of Westchester, Inc. and
    49  Unified Creative Programs, Inc., United Cerebral  Palsy  Association  of
    50  Western  New York, Inc., United Cerebral Palsy Association of Putnam and
    51  Southern Dutchess Counties, Inc., United Cerebral Palsy  Association  of
    52  the  North Country, Inc., United Cerebral Palsy Associations of New York
    53  State, Inc., any not-for-profit affiliates or members of Cerebral  Palsy
    54  Associations  of  New York State, Inc., and any successor in interest to

        S. 7508--C                         55                         A. 9508--C
 
     1  any such organization for the financing and/or refinancing of the acqui-
     2  sition, construction, reconstruction, renovation, development,  improve-
     3  ment,  expansion and/or equipping of a facility or facilities and neces-
     4  sary  ancillary and related facilities throughout the state of New York,
     5  including educational, residential, administrative,  clinical,  and  day
     6  programming  facilities used in the provision of services to individuals
     7  with disabilities.
     8    § 2. The undesignated paragraph of subdivision 1 of  section  1680  of
     9  the public authorities law, as added by chapter 260 of the laws of 2000,
    10  is amended to read as follows:
    11    UCPA  of  the  Capital  District,  Inc.,  UCPA of Cayuga County, Inc.,
    12  United Cerebral Palsy and Handicapped Children's Association of  Chemung
    13  County,  Inc., Finger Lakes United Cerebral Palsy, Inc., United Cerebral
    14  Palsy Associations of Fulton and Montgomery Counties, Inc., United Cere-
    15  bral Palsy Association  of  the  Tri-Counties,  Inc.,  Franziska  Racker
    16  Centers, Inc., United Cerebral Palsy Association of Nassau County, Inc.,
    17  United  Cerebral  Palsy  of  New  York City, Inc., United Cerebral Palsy
    18  Association of Niagara County, Inc., Orange County Cerebral Palsy  Asso-
    19  ciation,  Inc.,  United  Cerebral Palsy of Queens, Inc., United Cerebral
    20  Palsy Association of the Rochester Area, Inc., Jawonio, Inc., The  Hand-
    21  icapped  Children's Association of Southern New York, Inc., United Cere-
    22  bral Palsy Association of Greater Suffolk, Inc., SDTC - The  Center  for
    23  Discovery,  Inc., United Cerebral Palsy and Handicapped Children's Asso-
    24  ciation of Syracuse, Inc., United Cerebral Palsy of Ulster County  Inc.,
    25  United  Cerebral Palsy and Handicapped Person's Association of the Utica
    26  Area, Inc., United Cerebral Palsy Association of Westchester,  Inc.  and
    27  Unified  Creative  Programs,  Inc., United Cerebral Palsy Association of
    28  Western New York, Inc., United Cerebral Palsy Association of Putnam  and
    29  Southern  Dutchess  Counties, Inc., United Cerebral Palsy Association of
    30  the North Country, Inc., United Cerebral Palsy Associations of New  York
    31  State,  Inc., any not-for-profit affiliates or members of Cerebral Palsy
    32  Associations of New York State, Inc., and any successor in  interest  to
    33  any such organization for the financing and/or refinancing of the acqui-
    34  sition,  construction, reconstruction, renovation, development, improve-
    35  ment, expansion and/or equipping of a facility or facilities and  neces-
    36  sary  ancillary and related facilities throughout the state of New York,
    37  including educational, residential, administrative,  clinical,  and  day
    38  programming  facilities used in the provision of services to individuals
    39  with disabilities.
    40    § 3. Subdivision 37 of section 1680 of the public authorities law,  as
    41  added by chapter 260 of the laws of 2000, is amended to read as follows:
    42    37. For purposes of this section, the following provisions shall apply
    43  to powers in connection with the provision of facilities for UCPA of the
    44  Capital  District,  Inc.,  UCPA  of Cayuga County, Inc., United Cerebral
    45  Palsy and Handicapped Children's Association of  Chemung  County,  Inc.,
    46  Finger  Lakes United Cerebral Palsy, Inc., United Cerebral Palsy Associ-
    47  ations of Fulton and Montgomery Counties, Inc.,  United  Cerebral  Palsy
    48  Association  of  the Tri-Counties, Inc., Franziska Racker Centers, Inc.,
    49  United Cerebral Palsy Association of Nassau County, Inc.,  United  Cere-
    50  bral  Palsy of New York City, Inc., United Cerebral Palsy Association of
    51  Niagara County, Inc., Orange County Cerebral  Palsy  Association,  Inc.,
    52  United Cerebral Palsy of Queens, Inc., United Cerebral Palsy Association
    53  of  the  Rochester Area, Inc., Jawonio, Inc., The Handicapped Children's
    54  Association of Southern New York, Inc., United  Cerebral  Palsy  Associ-
    55  ation  of  Greater Suffolk, Inc., SDTC - The Center for Discovery, Inc.,
    56  United Cerebral Palsy and Handicapped Children's  Association  of  Syra-

        S. 7508--C                         56                         A. 9508--C
 
     1  cuse, Inc., United Cerebral Palsy of Ulster County Inc., United Cerebral
     2  Palsy  and  Handicapped  Person's  Association  of the Utica Area, Inc.,
     3  United Cerebral Palsy Association of Westchester, Inc. and Unified Crea-
     4  tive  Programs,  Inc.,  United Cerebral Palsy Association of Western New
     5  York, Inc., United Cerebral Palsy Association  of  Putnam  and  Southern
     6  Dutchess  Counties, Inc., United Cerebral Palsy Association of the North
     7  Country, Inc., United Cerebral Palsy Associations  of  New  York  State,
     8  Inc., any not-for-profit affiliates or members of Cerebral Palsy Associ-
     9  ations  of  New  York  State, Inc., and any successor in interest to any
    10  such organization, by the authority pursuant to this title.
    11    Notwithstanding any other  provision  of  law,  UCPA  of  the  Capital
    12  District,  Inc.,  UCPA of Cayuga County, Inc., United Cerebral Palsy and
    13  Handicapped Children's Association of Chemung County, Inc., Finger Lakes
    14  United Cerebral Palsy,  Inc.,  United  Cerebral  Palsy  Associations  of
    15  Fulton  and Montgomery Counties, Inc., United Cerebral Palsy Association
    16  of the Tri-Counties, Inc., Franziska Racker Centers, Inc., United  Cere-
    17  bral  Palsy Association of Nassau County, Inc., United Cerebral Palsy of
    18  New York City, Inc., United Cerebral Palsy Association of Niagara  Coun-
    19  ty,  Inc.,  Orange County Cerebral Palsy Association, Inc., United Cere-
    20  bral Palsy of Queens, Inc., United Cerebral  Palsy  Association  of  the
    21  Rochester  Area, Inc., Jawonio, Inc., The Handicapped Children's Associ-
    22  ation of Southern New York, Inc., United Cerebral Palsy  Association  of
    23  Greater  Suffolk,  Inc.,  SDTC  - The Center for Discovery, Inc., United
    24  Cerebral Palsy and Handicapped Children's Association of Syracuse, Inc.,
    25  United Cerebral Palsy of Ulster County Inc., United Cerebral  Palsy  and
    26  Handicapped  Person's  Association of the Utica Area, Inc., United Cere-
    27  bral  Palsy  Association  of  Westchester,  Inc.  and  Unified  Creative
    28  Programs,  Inc.,  United Cerebral Palsy Association of Western New York,
    29  Inc., United Cerebral Palsy Association of Putnam and Southern  Dutchess
    30  Counties,  Inc., United Cerebral Palsy Association of the North Country,
    31  Inc., United Cerebral Palsy Associations of New York  State,  Inc.,  any
    32  not-for-profit  affiliates  or members of Cerebral Palsy Associations of
    33  New York State, Inc., and any successor in interest to any  such  organ-
    34  ization  shall have the full power and authority to assign and pledge to
    35  the dormitory authority any and all public  funds  to  be  appropriated,
    36  apportioned  or  otherwise  made  payable by the federal government, any
    37  agency thereof, the state government, any agency  thereof,  a  political
    38  subdivision  as  defined in section one hundred of the general municipal
    39  law, any social service district in the state of  New  York  or  by  any
    40  other  governmental  entity in an amount sufficient to make all payments
    41  required to be made by such entity pursuant to any necessary  or  useful
    42  agreements entered into between such entity and the dormitory authority.
    43  All  state and local officials are hereby authorized and required to pay
    44  all such funds so assigned and pledged to the  dormitory  authority  or,
    45  upon  the  direction  of  the dormitory authority, to any trustee of any
    46  dormitory authority bond or note issued pursuant to a certificate  filed
    47  with  any  state or local officer by the dormitory authority pursuant to
    48  the provisions of this subdivision.
    49    § 4. This act shall take effect immediately.
 
    50                                   PART UU
 
    51    Section 1.  This act commits the state of New  York  (state)  and  the
    52  city  of  New  York  (city)  to together fund $100,000,000.00 in capital
    53  expenses related to projects necessary for the completion of the  Hudson
    54  River  Park.  The  state  share  of  matching  funds  in  the  amount of

        S. 7508--C                         57                         A. 9508--C
 
     1  $50,000,000  shall  consist  of  appropriations  first  enacted  in  the
     2  2018-2019  state  budget.  The  city's  matching funds, in the amount of
     3  $50,000,000 shall be made available in the city's 2018-2019 fiscal year.
     4    §  2. (a) The state share of funds provided pursuant to section one of
     5  this act shall be appropriated to the Hudson River Park Trust's  Capital
     6  Projects  Funds;  (b) The city share of funds made available pursuant to
     7  section one of this act, shall be provided to Hudson  River  Park  Trust
     8  pursuant  to the mutual agreement of both the city and Hudson River Park
     9  Trust and subject to registration with the comptroller of  the  city  of
    10  New  York.    The city shall, no later than seven days after making such
    11  payment pursuant to this subdivision, certify  to  the  New  York  state
    12  director of the budget the amount of the payment and the date upon which
    13  such payment was made.
    14    §  3.  No  funds  dedicated to the completion of the Hudson River Park
    15  shall be used to reduce or supplant the commitment by the city and state
    16  to provide funding pursuant to subdivision (e) of  section  two  of  the
    17  Hudson River Park Act.
    18    § 4. This act shall take effect immediately.
 
    19                                   PART VV
 
    20    Section  1.  Section  532  of  the real property tax law is amended by
    21  adding a new subdivision (k) to read as follows:
    22    (k) Land owned by the state situate in  the  towns  of  McDonough  and
    23  Preston in the county of Chenango, constituting a portion of Bowman Lake
    24  State Park, the title to which was vested in the state on February twen-
    25  ty-first,  two thousand seventeen, exclusive of the improvements erected
    26  thereon.
    27    § 2. This act shall take effect on the first of January next  succeed-
    28  ing  the  date  on  which  it shall have become a law and shall apply to
    29  assessment rolls prepared on the basis of taxable status dates occurring
    30  on or after such date.
    31    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    32  sion, section or part of this act shall be  adjudged  by  any  court  of
    33  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    34  impair, or invalidate the remainder thereof, but shall  be  confined  in
    35  its  operation  to the clause, sentence, paragraph, subdivision, section
    36  or part thereof directly involved in the controversy in which such judg-
    37  ment shall have been rendered. It is hereby declared to be the intent of
    38  the legislature that this act would  have  been  enacted  even  if  such
    39  invalid provisions had not been included herein.
    40    §  3.  This  act shall take effect immediately provided, however, that
    41  the applicable effective date of Parts A through VV of this act shall be
    42  as specifically set forth in the last section of such Parts.
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