STATE OF NEW YORK ________________________________________________________________________ S. 9008 A. 10008 SENATE - ASSEMBLY January 21, 2026 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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 AN ACT to amend part U1 of chapter 62 of the laws of 2003, amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness ther- eof; and to amend part B of chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, in relation to the effectiveness thereof (Part A); to amend chapter 751 of the laws of 2005, amending the insurance law and the vehicle and traffic law relating to establishing the accident prevention course internet technology pilot program, in relation to the effectiveness thereof (Part B); to amend the vehicle and traffic law in relation to requiring the completion of the motorcycle rider safety course to obtain a motorcycle license (Part C); to amend the vehicle and traffic law, in relation to establishing a pilot program requiring the installation of intelligent speed assistance devices for repeated violations of maximum speed limits in New York City; and providing for the repeal of such provisions upon expiration thereof (Part D); to amend the vehicle and traffic law, in relation to allow- ing for-hire autonomous vehicles outside of New York City; 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 effec- tiveness thereof (Part E); to amend the penal law, in relation to penalties for violence against highway workers; and to amend the vehi- cle and traffic law, in relation to license suspension for certain crimes against highway workers and establishing new penalties for intrusion into an active work zone (Part F); to amend the vehicle and traffic law, in relation to expanding the automated work zone speed enforcement program to include additional New York roadways (Part G); to amend part PP of chapter 54 of the laws of 2016, amending the public authorities law and the general municipal law relating to the New York transit authority and the metropolitan transportation author- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12673-01-6S. 9008 2 A. 10008 ity, in relation to extending provisions of law relating to certain tax increment financing provisions (Part H); authorizing the Metropol- itan Transportation Authority to conduct environmental reviews under the State Environmental Quality Review Act for the crosstown extension of the Second Avenue Subway project in two stages (Part I); to amend the agriculture and markets law, in relation to dairy promotion and marketing of agricultural products in New York state; and to repeal sections 16-x, 16-y and 16-z of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, in relation thereto (Part J); to amend the tax law, in relation to extending the refundability of the investment tax credit for farm- ers (Part K); to amend the public authorities law, the public service law and the real property law, in relation to the green jobs-green New York program (Part L); in relation to authorizing the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the depart- ment of environmental conservation from an assessment on gas and elec- tric corporations (Part M); to amend the public service law, in relation to executive compensation disclosure by gas, electric, steam and water-works corporations (Part N); to amend the public service law, in relation to procedures for new rates or charges proposed by utilities (Part O); to amend the public service law, in relation to establishing an energy affordability index (Part P); to amend the real property law and the public service law, in relation to prohibiting utility service terminations in multiple dwellings (Part Q); to amend the environmental conservation law, in relation to reforming the state environmental quality review act (Part R); to amend the environmental conservation law, in relation to removing the statutory caps on rebates for certain infrastructure projects and vehicle purchases by municipalities (Part S); to amend chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormitory authority of the state of New York relative to the establishment of subsidiaries for certain purposes, in relation to the effectiveness thereof (Part T); in relation to authorizing the trus- tees of the state university of New York to lease and contract to make available certain land on the state university of New York at Farmingdale's campus (Subpart A); in relation to authorizing the trus- tees of the state university of New York to lease and contract to make available certain land on the state university of New York at Stony Brook's campus (Subpart B); and in relation to authorizing the commis- sioner of transportation to transfer and convey certain state-owned real property in the town of Babylon, county of Suffolk (Subpart C) (Part U); to amend the New York state urban development corporation act, in relation to extending the authority of the New York state urban development corporation to administer the empire state economic development fund (Part V); to amend chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relat- ing to the powers of the New York state urban development corporation to make loans, in relation to extending loan powers (Part W); to amend the general business law, in relation to requiring synthetic content creations system providers to include provenance data on synthetic content produced or modified by a synthetic content creations system that the synthetic content creations system provider makes available (Part X); to amend the general business law, in relation to establish- ing the "Safe by Design Act" (Part Y); to amend the general businessS. 9008 3 A. 10008 law, in relation to prohibiting advertising of certain former prices by a retail seller (Part Z); to amend the general business law, in relation to enacting the "data broker accountability act" (Part AA); to amend the insurance law, in relation to requiring insurers to provide explanations for certain premium increases (Part BB); to amend the insurance law, in relation to the determination of a benchmark loss ratio for homeowners' insurance (Part CC); to amend the insurance law, in relation to insurance discounts for real property (Part DD); to amend the insurance law and the civil practice law and rules, in relation to motor vehicle accident liability; and to repeal certain provisions of the civil practice law and rules relating thereto (Part EE); to amend the insurance law, in relation to the timeframe for reporting fraudulent claims and paying claims (Part FF); to amend the insurance law, in relation to requiring annual reports on insurance for multi-family buildings (Part GG); to amend the insurance law, in relation to the annual consumer guide of health insurers (Subpart A); to amend the insurance law and the public health law, in relation to ongoing treatment by an out-of-network provider during pregnancy (Subpart B); to amend the insurance law, in relation to accessible formulary drug lists (Subpart C); and to amend the insurance law and the public health law, in relation to utilization reviews for treat- ment for a chronic health condition (Subpart D) (Part HH); to amend the insurance law, in relation to providing motor vehicle liability, comprehensive and collision insurance premium deductions for the installation of a dashboard camera (Part II); to amend the banking law, in relation to protecting private education loan borrowers and cosigners (Part JJ); to amend the insurance law, in relation to extending the policy period for excess profit refunds to motor vehicle policyholders (Part KK); and to amend chapter 495 of the laws of 2004, amending the insurance law and the public health law relating to the New York state health insurance continuation assistance demonstration project, in relation to the effectiveness thereof (Part LL) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement the state transportation, economic development 3 and environmental conservation budget for the 2026-2027 state fiscal 4 year. Each component is wholly contained within a Part identified as 5 Parts A through LL. The effective date for each particular provision 6 contained within such Part is set forth in the last section of such 7 Part. Any provision in any section contained within a Part, including 8 the effective date of the Part, which makes a reference to a section "of 9 this act", when used in connection with that particular component, shall 10 be deemed to mean and refer to the corresponding section of the Part in 11 which it is found. Section three of this act sets forth the general 12 effective date of this act. 13 PART A 14 Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003, 15 amending the vehicle and traffic law and other laws relating to increas- 16 ing certain motor vehicle transaction fees, as amended by section 1 of 17 part G of chapter 58 of the laws of 2024, is amended to read as follows:S. 9008 4 A. 10008 1 § 13. This act shall take effect immediately; provided however that 2 sections one through seven of this act, the amendments to subdivision 2 3 of section 205 of the tax law made by section eight of this act, and 4 section nine of this act shall expire and be deemed repealed on April 1, 5 [2026] 2028; provided further, however, that the provisions of section 6 eleven of this act shall take effect April 1, 2004 and shall expire and 7 be deemed repealed on April 1, [2026] 2028. 8 § 2. Section 2 of part B of chapter 84 of the laws of 2002, amending 9 the state finance law relating to the costs of the department of motor 10 vehicles, as amended by section 2 of part G of chapter 58 of the laws of 11 2024, is amended to read as follows: 12 § 2. This act shall take effect April 1, 2002; provided, however, if 13 this act shall become a law after such date it shall take effect imme- 14 diately and shall be deemed to have been in full force and effect on and 15 after April 1, 2002; provided further, however, that this act shall 16 expire and be deemed repealed on April 1, [2026] 2028. 17 § 3. This act shall take effect immediately. 18 PART B 19 Section 1. Section 5 of chapter 751 of the laws of 2005, amending the 20 insurance law and the vehicle and traffic law relating to establishing 21 the accident prevention course internet technology pilot program, as 22 amended by section 1 of part F of chapter 58 of the laws of 2024, is 23 amended to read as follows: 24 § 5. This act shall take effect on the one hundred eightieth day after 25 it shall have become a law and shall expire and be deemed repealed April 26 1, [2026] 2028; provided that any rules and regulations necessary to 27 implement the provisions of this act on its effective date are author- 28 ized and directed to be completed on or before such date. 29 § 2. This act shall take effect immediately. 30 PART C 31 Section 1. Subdivision 4 of section 502 of the vehicle and traffic law 32 is amended by adding a new paragraph (i) to read as follows: 33 (i) Motorcycle rider safety course. Upon submission of an application 34 for a class M license, the applicant shall submit proof to the commis- 35 sioner of the applicant's successful completion of the motorcycle rider 36 safety course established and administered pursuant to section four 37 hundred ten-a of this chapter. The completion of the motorcycle rider 38 safety course required herein shall supplement, and not substitute, the 39 course requirement of subparagraph (i) of paragraph (a) of this subdivi- 40 sion and shall only apply to class M license applicants who have neither 41 previously held a class M license issued by the commissioner nor a 42 motorcycle license issued in another state as it is defined by section 43 five hundred sixteen of this title. 44 § 2. This act shall take effect one year after it shall have become a 45 law. 46 PART D 47 Section 1. Section 1642 of the vehicle and traffic law is amended by 48 adding a new subdivision (c) to read as follows: 49 (c) 1. In addition to the other powers granted by this article, the 50 legislative body of any city having a population in excess of oneS. 9008 5 A. 10008 1 million, may by local law, ordinance, order, rule, regulation or health 2 code provision establish an intelligent speed assistance device pilot 3 program. The provisions of this subdivision shall apply only to 4 violations committed solely within a city having a population of one 5 million or more. 6 2. For purposes of this subdivision, "intelligent speed assistance 7 device" shall be defined as a device which is installed in a motor vehi- 8 cle and utilizes technology to limit the speed of the motor vehicle 9 based on the maximum speed limits established pursuant to article thirty 10 of this chapter. The technology shall allow for limited further acceler- 11 ation past the speed limit, if necessary, based on traffic conditions. 12 3. Such program may require a person, upon such person's conviction of 13 a determinate number of violations of any provision of section eleven 14 hundred eighty or section eleven hundred eighty-b of this chapter, as 15 determined by such city, and committed within a certain period of time 16 as shall be established by such city, in addition to any other penalties 17 prescribed by law, to install and maintain a functioning intelligent 18 speed assistance device for a mandated period of time in any motor vehi- 19 cle such person owns or operates, as shall be established by such city. 20 4. At the conclusion of the mandated period of time, provided that 21 such person has successfully completed the term of installation with no 22 further violations of section eleven hundred eighty or section eleven 23 hundred eighty-b of this chapter occurring solely within a city having a 24 population of one million or more, notification shall be provided to 25 such person authorizing the removal of such device or devices. 26 5. Any local law, ordinance, order, rule, regulation or health code 27 provision establishing a speed assistance device pilot program shall 28 provide for regulations governing the monitoring of the compliance of 29 persons ordered to install and maintain an intelligent speed assistance 30 device. In addition, such program shall make publicly available: 31 (a) criteria for approval of approved intelligent speed assistance 32 devices which shall include a publicly available list of approved 33 devices and a published list of such approved devices; 34 (b) criteria for the approval of service providers which are qualified 35 to install, service, inspect, and remove approved intelligent speed 36 assistance devices; and 37 (c) a publicly available list of such service providers. 38 6. Imposition of an intelligent speed assistance device shall in no 39 way limit the effect of any period of license suspension or revocation 40 set forth by the commissioner or required under this chapter. 41 7. (a) No person shall tamper with or circumvent an otherwise operable 42 intelligent speed assistance device. 43 (b) No person subject to the requirement described in paragraph three 44 of this subdivision shall operate a motor vehicle without such device. 45 (c) No vehicle owner shall operate, or permit another person to oper- 46 ate, a motor vehicle they own without an intelligent speed assistance 47 device when such vehicle is mandated to have such device. 48 (d) In addition to any other provisions of law, any person convicted 49 of a violation of subparagraph (a), (b), or (c) of this paragraph shall 50 be guilty of a class A misdemeanor. 51 § 2. This act shall take effect one year after it shall have become a 52 law and shall expire April 1, 2031, when upon such date the provisions 53 of this act shall be deemed repealed. Effective immediately, the addi- 54 tion, amendment and/or repeal of any rule or regulation necessary for 55 the implementation of this act on its effective date are authorized to 56 be made and completed on or before such effective date.S. 9008 6 A. 10008 1 PART E 2 Section 1. Section 1226 of the vehicle and traffic law, as amended by 3 chapter 506 of the laws of 1971, is amended as follows: 4 § 1226. Control of steering mechanism. No person shall operate a motor 5 vehicle without having at least one hand or, in the case of a physically 6 handicapped person, at least one prosthetic device or aid on the steer- 7 ing mechanism at all times when the motor vehicle is in motion. 8 Provided, however, this section shall not apply to for-hire autonomous 9 vehicles as permitted by article forty-four-D of this chapter. 10 § 2. The vehicle and traffic law is amended by adding a new article 11 44-D to read as follows: 12 ARTICLE 44-D 13 FOR-HIRE AUTONOMOUS VEHICLES 14 Section 1707. Definitions. 15 1708. For-hire autonomous vehicles. 16 § 1707. Definitions. For the purposes of this article, the following 17 terms shall have the following meanings: 18 1. "Autonomous vehicle" shall mean a motor vehicle utilizing auton- 19 omous vehicle technology. 20 2. "Autonomous vehicle technology" shall mean the hardware and soft- 21 ware that are collectively capable of independently performing all of 22 the dynamic driving tasks on a sustained basis. 23 3. "Autonomous vehicle network" or "network" shall mean an identified 24 network of motor vehicles using autonomous technology to operate inde- 25 pendent of a driver. 26 4. "Dynamic driving task" shall mean all of the real-time operational 27 and tactical functions required to operate a vehicle in on-road traffic. 28 5. "Deploy" shall mean initiating and continuing the operation of an 29 autonomous vehicle on public highways. 30 § 1708. For-hire autonomous vehicles. 1. No network shall deploy 31 autonomous vehicles for taxicab, livery, or for-hire services in a city 32 having a population of one million or more. 33 2. No network shall deploy an autonomous vehicle as a taxicab, livery, 34 or for-hire services without first being duly authorized by the commis- 35 sioner. 36 3. A network may be eligible to deploy an autonomous vehicle for taxi- 37 cab, livery, or for-hire services, if such network demonstrates to the 38 commissioner in a form and manner required by the commissioner that such 39 network satisfies the following criteria: 40 (a) An applicant for an authorization to deploy an autonomous vehicle 41 for taxicab, livery or for-hire services must complete an application 42 supplied by the commissioner, accompanied by a fee in the amount of one 43 million dollars and any other documentation requested by the commission- 44 er. Thereafter, on a quadrennial basis, the applicant shall apply for 45 renewal and pay a renewal fee in the amount five hundred thousand 46 dollars, which shall be due upon application for renewal. If the appli- 47 cation or renewal application is denied, the department shall retain 48 twenty-five percent of the fee. 49 (b) No network shall be issued an authorization unless the applicant 50 presents proof it has obtained, at a minimum, financial security in the 51 amount of five million dollars for the entire network engaged as auton- 52 omous vehicles for taxicab, livery or for-hire services. 53 (c) The autonomous vehicle is deployed in compliance with the applica- 54 ble traffic and motor vehicle safety laws and regulations of this state.S. 9008 7 A. 10008 1 (d) A sufficient demonstration of support, as determined by the 2 commissioner, from municipal, county or other local stakeholders. 3 (e) Such other criteria as the commissioner shall determine, which may 4 include the projected impact of such services on safety, traffic 5 control, traffic enforcement, the local workforce and emergency 6 services. 7 4. The commissioner shall deny an application or renewal of an appli- 8 cation for the deployment of an autonomous vehicle as a for-hire auton- 9 omous vehicle if such vehicle or applicant does not comply with this 10 chapter or the requirements established by the commissioner or any other 11 laws of the state, or for any other reason in the discretion of the 12 commissioner, and the commissioner may suspend or revoke a license for 13 failure to comply with this chapter or such requirements, or whenever 14 the commissioner deems necessary to preserve or protect traffic safety 15 or the safety of the public. 16 5. The commissioner may promulgate any regulation necessary to effec- 17 tuate this article. 18 § 3. Section 3 of part FF of chapter 55 of the laws of 2017, relating 19 to motor vehicles equipped with autonomous vehicle technology, as 20 amended by section 1 of part J of chapter 58 of the laws of 2024, is 21 amended to read as follows: 22 § 3. This act shall take effect April 1, 2017; provided, however, that 23 section one of this act shall expire and be deemed repealed April 1, 24 [2026] 2028. 25 § 4. This act shall take effect immediately; provided, however that 26 sections one and two of this act shall take effect one year after it 27 shall have become a law. 28 PART F 29 Section 1. Subdivision 11 of section 120.05 of the penal law, as 30 amended by section 2 of part Z of chapter 55 of the laws of 2024, is 31 amended to read as follows: 32 11. With intent to cause physical injury to a train operator, ticket 33 inspector, conductor, signalperson, bus operator, station agent, station 34 cleaner, terminal cleaner, station customer assistant, traffic checker; 35 person whose official duties include the sale or collection of tickets, 36 passes, vouchers, or other revenue payment media for use on a train, 37 bus, or ferry the collection or handling of revenues therefrom; a person 38 whose official duties include the construction, maintenance, repair, 39 inspection, troubleshooting, testing or cleaning of buses or ferries, a 40 transit signal system, elevated or underground subway tracks, transit 41 station or transportation structure, including fare equipment, escala- 42 tors, elevators and other equipment necessary to passenger service, 43 commuter rail tracks or stations, train yard, revenue train in passenger 44 service, a ferry station, or a train or bus station or terminal, or any 45 roadways, walkways, tunnels, bridges, tolling facilities or their 46 supporting systems, buildings or structures; or a supervisor of such 47 personnel, employed by any transit or commuter rail agency, authority or 48 company, public or private, whose operation is authorized or established 49 by New York state or any of its political subdivisions, a city marshal, 50 a school crossing guard appointed pursuant to section two hundred 51 eight-a of the general municipal law, a traffic enforcement officer, 52 traffic enforcement agent, motor vehicle license examiner, motor vehicle 53 representative, automotive facilities inspector, highway worker as 54 defined in section one hundred eighteen-a of the vehicle and trafficS. 9008 8 A. 10008 1 law, motor carrier investigator as defined in section one hundred twen- 2 ty-four-a of the vehicle and traffic law, motor vehicle inspector as 3 defined in section one hundred twenty-four-b of the vehicle and traffic 4 law, prosecutor as defined in subdivision thirty-one of section 1.20 of 5 the criminal procedure law, sanitation enforcement agent, New York city 6 sanitation worker, public health sanitarian, New York city public health 7 sanitarian, registered nurse, licensed practical nurse, emergency 8 medical service paramedic, or emergency medical service technician, [he9or she] such person causes physical injury to such train operator, tick- 10 et inspector, conductor, signalperson, bus operator, station agent, 11 station cleaner, terminal cleaner, station customer assistant, traffic 12 checker; person whose official duties include the sale or collection of 13 tickets, passes, vouchers or other revenue payment media for use on a 14 train, bus, or ferry or the collection or handling of revenues there- 15 from; a person whose official duties include the construction, mainte- 16 nance, repair, inspection, troubleshooting, testing or cleaning of buses 17 or ferries, a transit signal system, elevated or underground subway 18 tracks, transit station or transportation structure, including fare 19 equipment, escalators, elevators and other equipment necessary to 20 passenger service, commuter rail tracks or stations, train yard, revenue 21 train in passenger service, a ferry station, or a train or bus station 22 or terminal, or any roadways, walkways, tunnels, bridges, tolling facil- 23 ities or their supporting systems, buildings or structures; or a super- 24 visor of such personnel, city marshal, school crossing guard appointed 25 pursuant to section two hundred eight-a of the general municipal law, 26 traffic enforcement officer, traffic enforcement agent, motor vehicle 27 license examiner, motor vehicle representative, automotive facilities 28 inspector, highway worker as defined in section one hundred eighteen-a 29 of the vehicle and traffic law, motor carrier investigator as defined 30 in section one hundred twenty-four-a of the vehicle and traffic law, 31 motor vehicle inspector as defined in section one hundred twenty-four-b 32 of the vehicle and traffic law, prosecutor as defined in subdivision 33 thirty-one of section 1.20 of the criminal procedure law, registered 34 nurse, licensed practical nurse, public health sanitarian, New York city 35 public health sanitarian, sanitation enforcement agent, New York city 36 sanitation worker, emergency medical service paramedic, or emergency 37 medical service technician, while such employee is performing [an38assigned duty on, or directly related to,] a lawful act related, direct- 39 ly or indirectly, to an employment responsibility, including but not 40 limited to the operation of a train or bus, cleaning of a train or bus 41 station or terminal, assisting customers, checking traffic, the sale or 42 collection of tickets, passes, vouchers, or other revenue media for use 43 on a train, bus, or ferry or maintenance or cleaning of a train, a bus, 44 a ferry, or bus station or terminal, signal system, elevated or under- 45 ground subway tracks, transit station or transportation structure, 46 including fare equipment, escalators, elevators and other equipment 47 necessary to passenger service, commuter rail tracks or stations, train 48 yard or revenue train in passenger service, a ferry station, or such 49 city marshal, school crossing guard, traffic enforcement officer, traf- 50 fic enforcement agent, motor vehicle license examiner, motor vehicle 51 representative, automotive facilities inspector, highway worker as 52 defined in section one hundred eighteen-a of the vehicle and traffic 53 law, motor carrier investigator as defined in section one hundred twen- 54 ty-four-a of the vehicle and traffic law, motor vehicle inspector as 55 defined in section one hundred twenty-four-b of the vehicle and traffic 56 law, prosecutor as defined in subdivision thirty-one of section 1.20 ofS. 9008 9 A. 10008 1 the criminal procedure law, registered nurse, licensed practical nurse, 2 public health sanitarian, New York city public health sanitarian, sani- 3 tation enforcement agent, New York city sanitation worker, emergency 4 medical service paramedic, or emergency medical service technician is 5 performing an assigned duty; or 6 § 2. The penal law is amended by adding a new section 120.13-a to read 7 as follows: 8 § 120.13-a Menacing a highway worker. 9 A person is guilty of menacing a highway worker when they inten- 10 tionally place or attempt to place a highway worker in reasonable fear 11 of death, imminent serious physical injury or physical injury. For 12 purposes of this section, the term "highway worker" shall have the same 13 meaning as defined in section one hundred eighteen-a of the vehicle and 14 traffic law. 15 Menacing a highway worker is a class E felony. 16 § 3. The vehicle and traffic law is amended by adding three new 17 sections 118-a, 124-a and 124-b to read as follows: 18 § 118-a. Highway worker. Any person employed by or on behalf of the 19 state, a county, city, town or village, a public authority, local 20 authority, or public utility company, or the agent or contractor of any 21 such entity, or a flagperson, who has been assigned to perform work on a 22 highway, public highway, roadway, access highway, or qualifying highway, 23 or within the highway right of way. Such work may include, but shall not 24 be limited to, construction, reconstruction, maintenance, improvement, 25 flagging, utility installation, or the operation of equipment. For 26 purposes of this section, the term "highway right of way" shall mean the 27 entire width between the boundary line of all property which has been 28 purchased, appropriated, or designated by the state, a municipal entity, 29 or a public benefit corporation for highway purposes, all property over 30 which the commissioner of transportation, any municipal entity, or 31 public benefit corporation has assumed jurisdiction for highway 32 purposes, and all property that has become part of a highway system 33 through dedication or use, including any property deemed necessary for 34 the maintenance, construction, reconstruction, or improvement of any 35 highway. Such work may include, but shall not be limited to 36 construction, reconstruction, maintenance, improvement, flagging, utili- 37 ty installation, or the operation of equipment. 38 § 124-a. Motor carrier investigator. Any person employed by the 39 department of transportation who has been assigned to perform investi- 40 gations of any motor carriers regulated by the commissioner of transpor- 41 tation. 42 § 124-b. Motor vehicle inspector. Any person employed by the depart- 43 ment of transportation who has been assigned to perform inspections of 44 any motor vehicles regulated by the commissioner of transportation. 45 § 4. Paragraph b of subdivision 2 of section 510 of the vehicle and 46 traffic law is amended by adding a new subparagraph (xviii) to read as 47 follows: 48 (xviii) for a period of not less than thirty nor greater than one 49 hundred eighty days where the holder is convicted of the crime of 50 assault in the second degree as defined in subdivision eleven of section 51 120.05 of the penal law or assault in the third degree as defined in 52 section 120.00 of the penal law, where such offense was committed 53 against a motor vehicle license examiner, motor vehicle representative, 54 automotive facilities inspector, highway worker, motor carrier investi- 55 gator, motor vehicle inspector, or where the holder is convicted of theS. 9008 10 A. 10008 1 crime of menacing a highway worker as defined in article one hundred 2 twenty of the penal law. 3 § 5. The vehicle and traffic law is amended by adding a new section 4 1221-a to read as follows: 5 § 1221-a. Intrusion into an active work zone. 1. No driver of a vehi- 6 cle shall enter or intrude into an active work zone except upon direc- 7 tion from a flagperson, police officer or other visibly designated 8 person in charge of traffic control or direction from a traffic control 9 device regulating entry therein. For purposes of this section, the term 10 "active work zone" shall mean the physical area of a highway, street or 11 private road on which construction, maintenance or utility work is being 12 conducted, which area is marked by any signs, channeling devices, barri- 13 ers, pavement markings, or work vehicles, and where workers are phys- 14 ically present. 15 2. A violation of subdivision one of this section shall constitute a 16 class B misdemeanor punishable by a fine of not less than two hundred 17 fifty dollars nor more than five hundred dollars, or by a period of 18 imprisonment not to exceed three months, or by both such fine and impri- 19 sonment. 20 § 6. This act shall take effect on the ninetieth day after it shall 21 have become a law. 22 PART G 23 Section 1. Paragraph 1 of subdivision (a) of section 1180-e of the 24 vehicle and traffic law, as amended by section 1 of part Q of chapter 58 25 of the laws of 2025, is amended to read as follows: 26 1. Notwithstanding any other provision of law, the commissioner of 27 transportation is hereby authorized to establish a demonstration program 28 imposing monetary liability on the owner of a vehicle for failure of an 29 operator thereof to comply with posted maximum speed limits in a highway 30 construction or maintenance work area located on a [controlled-access] 31 highway (i) when highway construction or maintenance work is occurring 32 and a work area speed limit is in effect as provided in paragraph two of 33 subdivision (d) or subdivision (f) of section eleven hundred eighty of 34 this article or (ii) when highway construction or maintenance work is 35 occurring and other speed limits are in effect as provided in subdivi- 36 sion (b) or (g) or paragraph one of subdivision (d) of section eleven 37 hundred eighty of this article. Such demonstration program shall empower 38 the commissioner to install photo speed violation monitoring systems 39 within no more than forty highway construction or maintenance work areas 40 located on [controlled-access] highways and to operate such systems 41 within such work areas (iii) when highway construction or maintenance 42 work is occurring and a work area speed limit is in effect as provided 43 in paragraph two of subdivision (d) or subdivision (f) of section eleven 44 hundred eighty of this article or (iv) when highway construction or 45 maintenance work is occurring and other speed limits are in effect as 46 provided in subdivision (b) or (g) or paragraph one of subdivision (d) 47 of section eleven hundred eighty of this article. The commissioner, in 48 consultation with the superintendent of the division of state police, 49 shall determine the location of the highway construction or maintenance 50 work areas located on a [controlled-access] highway in which to install 51 and operate photo speed violation monitoring systems. In selecting a 52 highway construction or maintenance work area in which to install and 53 operate a photo speed violation monitoring system, the commissioner 54 shall consider criteria including, but not limited to, the speed data,S. 9008 11 A. 10008 1 crash history, and roadway geometry applicable to such highway 2 construction or maintenance work area. A photo speed violation monitor- 3 ing system shall not be installed or operated on a [controlled-access] 4 highway exit ramp. 5 § 2. Subdivision (b) of section 1180-e of the vehicle and traffic law, 6 as amended by section 2 of part Q of chapter 58 of the laws of 2025, is 7 amended to read as follows: 8 (b) If the commissioner or chair of the thruway authority, Triborough 9 bridge and tunnel authority, or bridge authority establishes a demon- 10 stration program pursuant to subdivision (a) of this section, the owner 11 of a vehicle shall be liable for a penalty imposed pursuant to this 12 section if such vehicle was used or operated with the permission of the 13 owner, express or implied, within a highway construction or maintenance 14 work area located on a [controlled-access] highway, the thruway, Tribor- 15 ough bridge and tunnel authority facilities or bridge authority facili- 16 ties, as applicable in violation of paragraph two of subdivision (d) or 17 subdivision (f), or when other speed limits are in effect in violation 18 of subdivision (b) or (g) or paragraph one of subdivision (d), of 19 section eleven hundred eighty of this article, such vehicle was travel- 20 ing at a speed of more than ten miles per hour above the posted speed 21 limit in effect within such highway construction or maintenance work 22 area, and such violation is evidenced by information obtained from a 23 photo speed violation monitoring system; provided however that no owner 24 of a vehicle shall be liable for a penalty imposed pursuant to this 25 section where the operator of such vehicle has been convicted of the 26 underlying violation of subdivision (b), (d), (f) or (g) of section 27 eleven hundred eighty of this article. 28 § 3. Paragraphs 5 and 9 of subdivision (c) of section 1180-e of the 29 vehicle and traffic law, as amended by section 2 of part Q of chapter 58 30 of the laws of 2025, are amended to read as follows: 31 5. ["controlled-access highway" shall mean a controlled-access highway32as defined by section one hundred nine of this chapter under the commis-33sioner's jurisdiction which has been functionally classified by the34department of transportation as principal arterial - interstate or prin-35cipal arterial - other freeway/expressway on official functional classi-36fication maps approved by the federal highway administration pursuant to37part 470.105 of title 23 of the code of federal regulations, as amended38from time to time] "highway" shall mean any real property owned, 39 controlled, or under the jurisdiction of the commissioner, the thruway 40 authority, Triborough bridge and tunnel authority, or bridge authority; 41 9. "photo speed violation monitoring system" shall mean a vehicle 42 sensor installed to work in conjunction with a speed measuring device 43 which automatically produces two or more photographs, two or more micro- 44 photographs, a videotape or other recorded images of each vehicle at the 45 time it is used or operated in a highway construction or maintenance 46 work area located on a [controlled-access] highway, the thruway, Tribor- 47 ough bridge and tunnel authority facility or bridge authority facility 48 in violation of subdivision (b), (d), (f) or (g) of section eleven 49 hundred eighty of this article in accordance with the provisions of this 50 section; 51 § 4. Paragraphs 2, 4, and 6 of subdivision (m) of section 1180-e of 52 the vehicle and traffic law, as amended by section 2 of part Q of chap- 53 ter 58 of the laws of 2025, are amended to read as follows: 54 2. the aggregate number, type and severity of crashes, fatalities, 55 injuries and property damage reported within all highway construction or 56 maintenance work areas on [controlled-access] highways, the thruway,S. 9008 12 A. 10008 1 Triborough bridge and tunnel authority facilities or bridge authority 2 facilities, as applicable, to the extent the information is maintained 3 by the commissioner, the chair of the thruway authority, Triborough 4 bridge and tunnel authority, or bridge authority, or the department of 5 motor vehicles of this state; 6 4. the number of violations recorded within all highway construction 7 or maintenance work areas on [controlled-access] highways, the thruway, 8 Triborough bridge and tunnel authority facilities or bridge authority 9 facilities, in the aggregate on a daily, weekly and monthly basis to the 10 extent the information is maintained by the commissioner, the chair of 11 the thruway authority, Triborough bridge and tunnel authority, or bridge 12 authority, or the department of motor vehicles of this state; 13 6. to the extent the information is maintained by the commissioner, 14 the chair of the thruway authority, Triborough bridge and tunnel author- 15 ity, or bridge authority, or the department of motor vehicles of this 16 state, the number of violations recorded within all highway construction 17 or maintenance work areas on [controlled-access] highways, the thruway, 18 Triborough bridge and tunnel authority facilities or bridge authority 19 facilities, that were: 20 (i) more than ten but not more than twenty miles per hour over the 21 posted speed limit; 22 (ii) more than twenty but not more than thirty miles per hour over the 23 posted speed limit; 24 (iii) more than thirty but not more than forty miles per hour over the 25 posted speed limit; and 26 (iv) more than forty miles per hour over the posted speed limit; 27 § 5. This act shall take effect immediately; provided, however, that 28 the amendments made to section 1180-e of the vehicle and traffic law by 29 sections one, two, three and four of this act shall not affect the 30 repeal of such section and shall expire and be deemed repealed there- 31 with. 32 PART H 33 Section 1. Section 3 of part PP of chapter 54 of the laws of 2016 34 amending the public authorities law and the general municipal law relat- 35 ing to the New York transit authority and the metropolitan transporta- 36 tion authority, as amended by section 1 of part I of chapter 58 of the 37 laws of 2025, is amended to read as follows: 38 § 3. This act shall take effect immediately; provided that the amend- 39 ments to subdivision 1 of section 119-r of the general municipal law 40 made by section two of this act shall expire and be deemed repealed 41 April 1, [2026] 2036, and provided further that such repeal shall not 42 affect the validity or duration of any contract entered into before that 43 date pursuant to paragraph f of such subdivision. 44 § 2. This act shall take effect immediately. 45 PART I 46 Section 1. Definitions. Whenever used in this act, the following terms 47 shall have the following meanings: 48 1. "Authority" shall mean the metropolitan transportation authority 49 created by section twelve hundred sixty-three of the public authorities 50 law. 51 2. "125 Street Subway Extension project" shall mean a project within 52 the metropolitan commuter transportation district to be undertaken byS. 9008 13 A. 10008 1 the Authority to extend subway service westward from the northern termi- 2 nus of the Second Avenue Subway Phase Two Project to the west side of 3 Manhattan. Such project includes construction of a subterranean tunnel 4 running from 125 Street and Lenox Avenue west along 125 Street past 5 Broadway, and the construction of additional stations, and any ancillary 6 facilities, connecting with north and south subway lines. 7 3. "Subterranean Tunnel Component" shall mean the component of the 125 8 Street Subway Extension Project consisting of construction of a subter- 9 ranean tunnel running from 125 Street and Lenox Avenue west along 125 10 Street past Broadway. 11 4. "Metropolitan commuter transportation district" shall mean the 12 commuter transportation district created by section twelve hundred 13 sixty-two of the public authorities law. 14 5. "Second Avenue Subway Phase Two Project" shall mean a project with- 15 in the metropolitan commuter transportation district, commenced by the 16 Authority as of the effective date of this chapter, to extend the Q line 17 subway into Harlem through construction of two new stations on Second 18 Avenue at 106 and 116 streets and extending Q line subway service to a 19 third new station at 125 Street and Lexington Avenue that will connect 20 to the 4, 5, and 6 subway lines and Metro-North railroad. 21 § 2. The Authority shall conduct the applicable environmental review 22 of the Subterranean Tunnel Component in accordance with the provisions 23 of article eight of the environmental conservation law, provided that 24 such environmental review shall not be required to be conducted concur- 25 rent with, or inclusive of, the environmental review specified in 26 section three of this act. 27 § 3. The Authority shall conduct the applicable environmental review 28 of all other components of the 125 Street Subway Extension project, 29 including construction of the stations and any ancillary facilities, in 30 accordance with the provisions of article eight of the environmental 31 conservation law; provided that such environmental review shall not be 32 required to be conducted concurrent with, or inclusive of, the environ- 33 mental review specified in section two of this act. 34 § 4. (1) The Authority shall not approve, permit, acquire real proper- 35 ty pursuant to the eminent domain procedure law, or undertake any 36 discretionary action required to construct the Subterranean Tunnel 37 Component described in section two of this act, and no agency, as 38 defined in section 8-0105 of the environmental conservation law, shall 39 permit or authorize any activity relating to construction of the Subter- 40 ranean Tunnel Component, until the Authority has completed the applica- 41 ble environmental review required pursuant to section two of this act. 42 (2) The Authority shall not approve, permit, acquire real property 43 pursuant to the eminent domain procedure law, or undertake any discre- 44 tionary action required to construct the other components of the 125 45 Street Subway Extension project described in section three of this act, 46 and no agency, as defined in section 8-0105 of the environmental conser- 47 vation law, shall permit or authorize any activity relating construction 48 of the other components of the 125 Street Subway Extension project, 49 until the Authority has completed the applicable environmental review 50 required pursuant to section three of the act. 51 (3) The preparation of a design or designs shall not be deemed to have 52 prejudiced any decision-making pursuant to article eight of the environ- 53 mental conservation law. 54 § 5. This act shall take effect immediately. 55 PART JS. 9008 14 A. 10008 1 Section 1. Article 21-AA of the agriculture and markets law is amended 2 by adding a new section 258-aa to read as follows: 3 § 258-aa. Dairy promotion act. 1. Declaration of policy. It is hereby 4 declared that the dairy industry is a paramount agricultural industry of 5 this state, and is an industry affecting the health and welfare of the 6 inhabitants of the state; that the continued existence of the dairy 7 industry and the continued production of milk on the farms of this state 8 is of vast economic importance to the state and to the health and 9 welfare of the inhabitants thereof; that it is essential, in order to 10 assure such continued production of milk and its handling and distrib- 11 ution, that prices to producers be such as to return reasonable costs of 12 production, and at the same time assure an adequate supply of milk and 13 dairy products to consumers at reasonable prices; and to these ends it 14 is essential that consumers and others be adequately informed as to the 15 dietary needs and advantages of milk and dairy products and as to the 16 economies resulting from the use of milk and dairy products, and to 17 command for milk and dairy products, consumer attention and demand 18 consistent with their importance and value. It is further declared that 19 continued decline in the consumption of fluid milk and some other dairy 20 products will jeopardize the production of adequate supplies of milk and 21 dairy products because of increasing surpluses necessarily returning 22 less to producers; and that continued adequate supplies of milk and 23 dairy products is a matter of vital concern as affecting the health and 24 general welfare of the people of this state. It is therefore declared to 25 be the legislative intent and policy of the state: 26 (a) To enable milk producers and others in the dairy industry, with 27 the aid of the state, to more effectively promote the consumption of 28 milk and dairy products; 29 (b) To provide methods and means for the development of new and 30 improved dairy products, and to promote their use; and 31 (c) To this end, eliminate the possible impairment of the purchasing 32 power of the milk producers of this state and to assure an adequate 33 supply of milk for consumers at reasonable prices. 34 2. Definitions. As used in this section the following terms shall have 35 the following meanings: 36 (a) "Dairy products" means milk and products derived therefrom, and 37 products of which milk or a portion thereof is a significant part. 38 (b) "Producer" means any person in this state who is engaged in the 39 production of milk or who causes milk to be produced for any market in 40 this or any other state. 41 (c) "Advisory board" means the persons appointed by the commissioner 42 from nominations from producers as herein defined to assist the commis- 43 sioner in administering a dairy promotion order. 44 (d) "Milk dealer" means any person who purchases or handles or 45 receives or sells milk, including individuals, partnerships, corpo- 46 rations, cooperative associations, and unincorporated cooperative asso- 47 ciations. 48 (e) "Dairy promotion order" means an order issued by the commissioner, 49 pursuant to the provisions of this section. 50 (f) "Cooperative" means an association or federation or cooperative of 51 milk producers organized under the laws of New York state, or any other 52 state, having agreements with their producer members to market, bargain 53 for or sell the milk of such producers, and is actually performing one 54 or more of these services in the marketing of the milk produced by their 55 members, through the cooperative or through a federation of milk cooper- 56 atives in which the cooperative has membership.S. 9008 15 A. 10008 1 3. Powers and duties of the commissioner. (a) The commissioner shall 2 administer and enforce the provisions of this section and shall have and 3 may exercise any or all the administrative powers conferred upon the 4 head of a department. In order to effectuate the declared policy of this 5 section the commissioner may, after due notice and hearing, make and 6 issue a dairy promotion order, or orders. 7 (b) Such order or orders shall be issued and amended or terminated in 8 accordance with the following procedures: 9 (i) Before any such order may become effective it shall be approved by 10 fifty-one per centum of the producers of milk voting in the referendum 11 for the area to be regulated by such order. Such referendum shall not 12 constitute valid approval unless fifty-one per centum of all milk 13 producers for the area to be regulated vote in the referendum. 14 (ii) Producers may vote by individual ballot or through their cooper- 15 atives in accordance with the following procedures: 16 (1) Cooperatives may submit written approval of such order within a 17 period of one hundred twenty days after the commissioner has announced a 18 referendum on a proposed order, for such producers who are listed and 19 certified to the commissioner as members of such cooperative, provided, 20 however, that any cooperative before submitting such written approval 21 shall give at least sixty days prior written notice to each producer who 22 is its member, of the intention of the cooperative to approve such 23 proposed order, and further provide that if such cooperative does not 24 intend to approve such proposed order, it shall likewise give written 25 notice of at least sixty days to each such producer who is its member, 26 of its intention not to approve of such proposed order. 27 (2) Any producer may obtain a ballot from the commissioner so that 28 they may register their own approval or disapproval of the proposed 29 order. 30 (3) A producer who is a member of a cooperative which has notified 31 such producer of its intent to approve or not to approve of a proposed 32 order, and who obtains a ballot and with such ballot expresses the 33 producer's approval or disapproval of the proposed order, shall notify 34 the commissioner as to the name of the cooperative of which the producer 35 is a member, and the commissioner shall remove such producer's name from 36 the list certified by such cooperative. 37 (4) In order to ensure that all milk producers are informed regarding 38 a proposed order, the commissioner shall notify all milk producers that 39 an order is being considered, and that each producer may register the 40 producer's approval or disapproval with the commissioner either directly 41 or through the producer's cooperative. 42 (5) The commissioner may appoint a referendum advisory committee to 43 assist and advise the commissioner in the conduct of the referendum. 44 Such committee shall review referendum procedures and the tabulation of 45 results and shall advise the commissioner of its findings. The final 46 certification of the referendum results shall be made by the commission- 47 er. The committee shall consist of not less than three members, none of 48 whom shall be persons directly affected by the promotion order being 49 voted upon. Two members shall be representatives of general farm organ- 50 izations which are not directly affected by the order being voted upon. 51 The members of the committee shall not receive a salary but shall be 52 entitled to actual and reasonable expenses incurred in the performance 53 of their duties. 54 (6) The commissioner may, and upon written petition of not less than 55 ten per centum of the producers in the area, either as individuals or 56 through cooperative representation shall, call a hearing to amend orS. 9008 16 A. 10008 1 terminate such order, and any such amendment or termination shall be 2 effective only upon approval of fifty-one per centum of the producers of 3 milk for the area regulated participating in a referendum vote as 4 provided pursuant to this paragraph. 5 (c) The commissioner shall administer and enforce any such dairy 6 promotion order while it is in effect, for the purpose of: 7 (i) Encouraging the consumption of milk and dairy products by 8 acquainting consumers and others with the advantages and economy of 9 using more of such products. 10 (ii) Protecting the health and welfare of consumers by assuring an 11 adequate supply of milk and dairy products. 12 (iii) Providing for research programs designed to develop new and 13 improved dairy products. 14 (iv) Providing for research programs designed to acquaint consumers 15 and the public generally with the effects of the use of milk and dairy 16 products on the health of such consumers. 17 (d) Carrying out, in other ways, the declared policy and intent of 18 this section. 19 4. Provisions of dairy promotion orders. Any dairy promotion order or 20 orders may contain, among others, any or all of the following: 21 (a) Provision for levying an assessment against all producers subject 22 to the regulation for the purpose of carrying out the provisions of such 23 order and to pay the cost of administering and enforcing such order. In 24 order to collect any such assessments, provision shall be made for each 25 milk dealer who receives milk from producers to deduct the amount of 26 assessment from moneys otherwise due to producers for the milk so deliv- 27 ered. The rate of such assessment shall not exceed two per cent per 28 hundredweight of the gross value of the producer's milk, and there may 29 be credited against any such assessment the amounts per hundredweight 30 otherwise paid by any producer covered by the order by voluntary 31 contribution or otherwise pursuant to any other federal or state milk 32 market order for any similar research promotion or program. Notwith- 33 standing the provisions of paragraph (b) of subdivision three of this 34 section, the commissioner, upon written petition of no less than twen- 35 ty-five per cent of producers in the area, either as individuals or 36 through cooperative representation, may call a hearing for the sole 37 purpose of establishing a new rate of assessment hereunder and may 38 submit a proposed change in the rate of assessment to the producers for 39 acceptance or rejection without otherwise affecting the order. The 40 producers in the area may vote on the proposed rate either as individ- 41 uals or through cooperative representation. Notwithstanding the forego- 42 ing provisions of this paragraph and of paragraph (b) of subdivision 43 three of this section, or the provisions of any order promulgated pursu- 44 ant to this section, the rate of assessment, for any period during which 45 a dairy products promotion and research order established pursuant to 46 the federal dairy and tobacco adjustment act of 1983 is in effect, shall 47 not be less than an amount equal to the maximum credit which producers 48 participating in this state's dairy products promotion or nutrition 49 education programs may receive pursuant to subdivision (g) of section 50 113 of such federal act. 51 (b) Provision for payments to organizations engaged in campaigns by 52 advertisements or otherwise, including participation in similar regional 53 or national plans or campaigns to promote the increased consumption of 54 milk and dairy products, to acquaint the public with the dietary advan- 55 tages of milk and dairy products and with the economy of their inclusionS. 9008 17 A. 10008 1 in the diet and to command, for milk and dairy products, consumer atten- 2 tion consistent with their importance and value. 3 (c) Provision for payments to institutions or organizations engaged in 4 research leading to the development of new or improved dairy products or 5 research with respect to the value of milk and dairy products in the 6 human diet. 7 (d) Provision for requiring records to be kept and reports to be filed 8 by milk dealers with respect to milk received from producers and with 9 respect to assessments on the milk of such producers. 10 (e) Provision for the auditing of the records of such milk dealers for 11 the purpose of verifying payment of producer assessments. 12 (f) Provision for an advisory board as hereinafter indicated. 13 (g) Such other provisions as may be necessary to effectuate the 14 declared policies of this section. 15 5. Matters to be considered. In carrying out the provisions of this 16 section and particularly in determining whether or not a dairy promotion 17 order shall be issued, the commissioner shall take into consideration, 18 among others, facts available to them with respect to the following: 19 (a) The total production of milk in the area and the proportion of 20 such milk being utilized in fluid form and in other products; 21 (b) The prices being received for milk by producers in the area; 22 (c) The level of consumption per capita for fluid milk and of other 23 dairy products; 24 (d) The purchasing power of consumers; and 25 (e) Other products which compete with milk and dairy products and 26 prices of such products. 27 6. Interstate orders for compacts. The commissioner is authorized to 28 confer and cooperate with the legally constituted authorities of other 29 states and of the United States with respect to the issuance and opera- 30 tion of joint and concurrent dairy promotion orders or other activities 31 tending to carry out the declared intent of this section. The commis- 32 sioner may join with such other authorities in conducting joint investi- 33 gations, holding joint hearings, and issuing joint or concurrent order 34 or orders complementary to those of the federal government and shall 35 have the authority to employ or designate a joint agent or joint agen- 36 cies to carry out and enforce such joint, concurrent, or supplementary 37 orders. 38 7. Prior assessments. Prior to the effective date of any dairy 39 promotion order as provided in this section, the commissioner may 40 require that cooperatives which have petitioned for such an order and 41 who have approved of the issuance of such an order, to deposit with the 42 commissioner such amounts as the commissioner may deem necessary to 43 defray the expense of administering and enforcing such order until such 44 time as the assessments as herein before provided are adequate for that 45 purpose. Such funds shall be received, deposited, and disbursed by the 46 commissioner in the same manner as other funds received pursuant to this 47 section and the commissioner shall reimburse those who paid these prior 48 assessments from other funds received pursuant to this section. 49 8. Status of funds. Any moneys collected under any market order issued 50 pursuant to this section shall not be deemed to be state funds and shall 51 be deposited in a bank or other depository in this state, approved by 52 the commissioner and the state comptroller, allocated to each dairy 53 promotion order under which they were collected, and shall be disbursed 54 by the commissioner only for the necessary expenses incurred by the 55 commissioner with respect to each separate order, all in accordance with 56 the rules and regulations of the commissioner. All such expenses shallS. 9008 18 A. 10008 1 be audited by the state comptroller at least annually and within thirty 2 days after the completion thereof the state comptroller shall give a 3 copy thereof to the commissioner. Any moneys remaining in such fund 4 allocable to a particular order, after the termination of such order and 5 not required by the commissioner to defray the expenses of operating 6 such order, may in the discretion of the commissioner be refunded on a 7 pro-rata basis to all persons from whom assessments therefor were 8 collected; provided, however, that if the commissioner finds that the 9 amounts so refundable are so small as to make impracticable the computa- 10 tion and refunding of such moneys, the commissioner may use such moneys 11 to defray the expenses incurred by them in the promulgation, issuance, 12 administration or enforcement of any other similar dairy promotion order 13 or in the absence of any other such dairy promotion order, the commis- 14 sioner may pay such moneys to any organization or institution as 15 provided in paragraph (b) or (c) of subdivision four of this section. 16 9. Budget. The commissioner shall prepare a budget for the adminis- 17 tration and operating costs and expenses including advertising and sales 18 promotion when required in any dairy promotion order executed hereunder 19 and to provide for the collection of such necessary fees or assessments 20 to defray costs and expenses, in no case to exceed two percent per 21 hundredweight of the gross value of milk marketed by producers in the 22 area covered by the order. 23 10. Advisory board. (a) Any dairy promotion order issued pursuant to 24 this section shall provide for the establishment of an advisory board to 25 advise and assist the commissioner in the administration of such order. 26 This board shall consist of not less than five members and shall be 27 appointed by the commissioner from nominations submitted by producers 28 marketing milk in the area to which the order applies. Nominating proce- 29 dure, qualification, representation, and size of the advisory board 30 shall be prescribed in the order for which such board was appointed. 31 (b) No member of an advisory board shall receive a salary but shall be 32 entitled to reimbursement of the member's actual and reasonable expenses 33 incurred while performing such member's duties as authorized herein. 34 (c) The duties and responsibilities of the advisory board shall be 35 prescribed by the commissioner, and the commissioner may specifically 36 delegate to the advisory board, by inclusion in the dairy promotion 37 order, all or any of the following duties and responsibilities: 38 (i) The recommendation to the commissioner of administrative rules and 39 regulations relating to the order. 40 (ii) Recommending to the commissioner such amendments to the order as 41 seems advisable. 42 (iii) The preparation and submission to the commissioner of an esti- 43 mated budget required for the proper operation of the order. 44 (iv) Recommending to the commissioner methods for assessing producers 45 and methods for collecting the necessary funds. 46 (v) Assisting the commissioner in the collection and assembly of 47 information and data necessary for the proper administration of the 48 order. 49 (vi) The performance of such other duties in connection with the order 50 as the commissioner shall designate. 51 11. Rules and regulations enforcement. (a) The commissioner may, with 52 the advice and assistance of the advisory board, make and issue such 53 rules and regulations as may be necessary to effectuate the provisions 54 and intent of this section and to enforce the provisions of any dairy 55 promotion order, all of which shall have the force and effect of law.S. 9008 19 A. 10008 1 (b) The commissioner may institute such action at law or in equity as 2 may appear necessary to enforce compliance with any provision of this 3 section, or any rule or regulation, or dairy promotion order committed 4 to the commissioner's administration, and in addition to any other reme- 5 dy under article three of this chapter or otherwise, may apply for 6 relief by injunction if necessary to protect the public interest without 7 being compelled to allege or prove that an adequate remedy at law does 8 not exist. Such application shall be made to the supreme court in any 9 district or county provided in the civil practice law or rules, or to 10 the supreme court in the third judicial district. 11 § 2. The agriculture and markets law is amended by adding a new arti- 12 cle 25 to read as follows: 13 ARTICLE 25 14 MARKETING OF AGRICULTURAL PRODUCTS 15 Section 291. Legislative declaration. 16 292. Definitions. 17 293. Powers and duties of the commissioner. 18 294. Rules and regulations; enforcement. 19 § 291. Legislative declaration. It is hereby declared that the market- 20 ing of agricultural commodities and aquatic products in this state, in 21 excess of reasonable and normal market demands therefor; disorderly 22 marketing of such commodities; improper preparation for market and lack 23 of uniform grading and classification of agricultural commodities and 24 aquatic products; unfair methods of competition in the marketing of such 25 commodities and the inability of individual producers to develop new and 26 larger markets for agricultural commodities and aquatic products, result 27 in an unreasonable and unnecessary economic waste of the agricultural 28 wealth of this state. Such conditions and the accompanying waste jeop- 29 ardize the future continued production of adequate food supplies for the 30 people of this and other states. These conditions vitally concern the 31 health, safety, and general welfare of the people of this state. It is 32 therefore declared the legislative purpose and the policy of this state: 33 1. To enable agricultural producers and aquatic producers of this 34 state, with the aid of the state, more effectively to correlate the 35 marketing of their agricultural commodities and aquatic products with 36 market demands therefor. 37 2. To establish orderly, efficient, and equitable marketing of agri- 38 cultural commodities and aquatic products. 39 3. To provide for uniform grading and proper preparation of agricul- 40 tural commodities and aquatic products for market. 41 4. To provide methods and means for the development of new and larger 42 markets for agricultural commodities and aquatic products produced in 43 New York. 44 5. To eliminate or reduce the economic waste in the marketing of agri- 45 cultural commodities and aquatic products. 46 6. To eliminate unjust impairment of the purchasing power of aquatic 47 producers and the agricultural producers of this state. 48 7. To aid agricultural and aquatic producers in maintaining an income 49 at an adequate and equitable level. 50 § 292. Definitions. For the purposes of this article, the following 51 terms shall have the following meanings: 52 1. "Agricultural commodity" means any and all agricultural, horticul- 53 tural, vineyard products, corn for grain, oats, soybeans, barley, wheat, 54 poultry or poultry products, bees, maple sap and pure maple products 55 produced therefrom, Christmas trees, livestock, including swine, and 56 honey, sold in the state either in their natural state or as processedS. 9008 20 A. 10008 1 by the producer thereof but does not include milk, timber or timber 2 products, other than Christmas trees, all hay, rye and legumes except 3 for soybeans. 4 2. "Aquaculture" means the culture, cultivation and harvest of aquatic 5 plants and animals. 6 3. "Aquatic products" means any food or fiber products obtained 7 through the practice of aquaculture, including mariculture; or by 8 harvest from the sea when such products are cultured or landed in New 9 York state. Such products include but are not limited to fish, shellf- 10 ish, seaweed, or other water-based plant life. 11 4. "Producer" means any person engaged within this state in the busi- 12 ness of producing, or causing to be produced for any market, any agri- 13 cultural commodity or aquatic product. 14 5. "Handler" means any person engaged in the operation of packing, 15 grading, selling, offering for sale, or marketing any marketable agri- 16 cultural commodities or aquatic products, who as owner, agent or other- 17 wise ships or causes an agricultural commodity to be shipped. 18 6. "Processor" means any person engaged within this state in process- 19 ing, or in the operation of receiving, grading, packing, canning, freez- 20 ing, dehydrating, fermenting, distilling, extracting, preserving, grind- 21 ing, crushing, or in any other way preserving or changing the form of an 22 agricultural product or aquatic product for the purpose of marketing 23 such commodity but shall not include a person engaged in manufacturing 24 from an agricultural commodity or aquatic product another and different 25 product. 26 7. "Distributor" means any person engaged within this state, in sell- 27 ing, offering for sale, marketing or distributing an agricultural 28 commodity or aquatic product which they have purchased or acquired from 29 a producer or other person or which they are marketing on behalf of a 30 producer or other person, whether as owner, agent, employee, broker or 31 otherwise, but shall not include a retailer, except such retailer who 32 purchases or acquires from, or handles on behalf of any producer or 33 other person, an agricultural commodity or aquatic product subject to 34 regulation by the marketing agreement or order covering such commodity. 35 8. "Marketing agreement" means an agreement entered into, with the 36 approval of the commissioner, by producers with distributors, processors 37 and handlers regulating the preparation, sale and handling of agricul- 38 tural commodities or aquatic products. 39 9. "Marketing order" means an order issued by the commissioner pursu- 40 ant to this article, prescribing rules and regulations governing the 41 marketing for processing, the distributing, the sale of, or the handling 42 in any manner of any agricultural commodity or aquatic product sold in 43 this state during any specified period or periods. 44 § 293. Powers and duties of the commissioner. 1. In order to effectu- 45 ate the declared policy of this article, the commissioner may, after due 46 notice and opportunity for hearing, approve marketing agreements, which 47 marketing agreements shall thereupon be binding upon the signatories 48 thereto exclusively. 49 2. The commissioner may make and issue marketing orders, after due 50 notice and opportunity for hearing, subject to: 51 (a) Approval of not less than sixty-six and two-thirds per centum of 52 the producers participating in a referendum in the area affected, or 53 (b) Approval of not less than sixty-five per centum of the producers 54 participating in a referendum vote, in the area affected, and having 55 marketed not less than fifty-one per centum of the total quantity of theS. 9008 21 A. 10008 1 commodity which was marketed in the next preceding marketing season by 2 all producers that voted in the referendum, or 3 (c) Approval of not less than fifty-one per centum of the producers 4 participating in a referendum vote, in the area affected, and having 5 marketed not less than sixty-five per centum of the total quantity of 6 the commodity which was marketed in the next preceding marketing season 7 by all producers that voted in the referendum. 8 3. The commissioner may and upon written petition duly signed by twen- 9 ty-five per centum of the producers in the area shall, amend or termi- 10 nate such order after due notice and opportunity for hearing, but 11 subject to the approval of not less than fifty per centum of such 12 producers participating in a referendum vote. 13 4. The commissioner shall administer and enforce any marketing order, 14 while it is in effect, to: 15 (a) Encourage and maintain stable prices received by producers for 16 such agricultural commodity and aquatic product at a level which is 17 consistent with the provisions and aims of this article. 18 (b) Prevent the unreasonable or unnecessary waste of land or water- 19 based wealth. 20 (c) Protect the interests of consumers of such commodity, by exercis- 21 ing the powers of this article to such extent as is necessary to effec- 22 tuate the purposes of this article. 23 (d) Prepare a budget for the administration and operating costs and 24 expenses including advertising and sales promotion when required in any 25 marketing agreement or order executed hereunder and to provide for the 26 collection of such necessary fees to defray such costs and expenses, in 27 no case to exceed five percent of the gross dollar volume of sales or 28 dollar volume of purchases or amounts handled, to be collected from each 29 person engaged in the production, processing, distributing or the handl- 30 ing of any marketable agricultural commodity and aquatic product 31 produced or landed in this state and directly affected by any marketing 32 order issued pursuant to this article for such commodity. 33 (e) Confer and cooperate with the legally constituted authorities of 34 other states and the United States. 35 5. Any marketing agreement or order issued by the commissioner pursu- 36 ant to this article may contain any or all of the following: 37 (a) Provisions for determining the existence and extent of the surplus 38 of any agricultural commodity, or of any grade, size, or quality there- 39 of, and providing for the regulation and disposition of such surplus. 40 (b) Provisions for limiting the total quantity of any agricultural 41 product, or of any grade or grades, size or sizes, or quality or 42 portions or combinations thereof, which may be marketed during any spec- 43 ified period or periods. Such total quantity of any such commodity so 44 regulated shall not be less than the quantity which the commissioner 45 shall find is reasonably necessary to supply the market demand of 46 consumers for such commodity. 47 (c) Provisions regulating the period, or periods, during which any 48 agricultural commodity, or any grade or grades, size or sizes or quality 49 or portions or combinations of such commodity, may be marketed. 50 (d) Provisions for the establishment of uniform grading, standards, 51 and inspection of any agricultural commodity delivered by producers or 52 other persons to handlers, processors, distributors or others engaging 53 in the handling thereof, and for the establishment of grading or stand- 54 ards of quality, condition, size, maturity or pack for any agricultural 55 commodity, and the inspection and grading of such commodity in accord- 56 ance with such grading or standards so established; and for provisionsS. 9008 22 A. 10008 1 that no producer, handler, processor or distributor of any agricultural 2 commodity for which grading or standards are so established may, except 3 as otherwise provided in such marketing agreement or order, sell, offer 4 for sale, process, distribute or otherwise handle any such commodity 5 whether produced within or without this state, not meeting and complying 6 with such established grading or standards. For the purposes of this 7 article, the federal-state inspection service shall perform all 8 inspections made necessary by such provisions. 9 (e) Provisions for the establishment of research programs designed to 10 benefit a specified commodity or New York agriculture in general. 11 (f) Such other provisions as may be necessary to effectuate the 12 declared policies of this article. 13 (g) Provisions to establish marketing promotion and research programs 14 for aquatic products which may include paragraphs (a) through (f) of 15 this subdivision. 16 6. The commissioner may temporarily suspend the operation of an effec- 17 tive marketing order for a continuing period of no longer than one grow- 18 ing and marketing season, if the purposes of this article are deemed 19 unnecessary during such season. 20 7. In carrying out the purposes of this article, the commissioner 21 shall take into consideration any and all facts available to them with 22 respect to the following economic factors: 23 (a) The quantity of such agricultural commodity available for distrib- 24 ution. 25 (b) The quantity of such agricultural commodity normally required by 26 consumers. 27 (c) The cost of producing such agricultural commodity. 28 (d) The purchasing power of consumers. 29 (e) The level of prices of commodities, services, and articles which 30 the farmers commonly buy. 31 (f) The level of prices of other commodities which compete with or are 32 utilized as substitutes for such agricultural commodity. 33 8. The execution of such marketing agreements shall in no manner 34 affect the issuance, administration or enforcement of any marketing 35 order provided for in this article. The commissioner may issue such 36 marketing order without executing a marketing agreement or may execute a 37 marketing agreement without issuing a marketing order covering the same 38 commodity. The commissioner, in their discretion, may hold a concurrent 39 hearing upon a proposed marketing agreement and a proposed marketing 40 order in the manner provided for giving due notice and opportunity for 41 hearing for a marketing order as provided in this article. 42 9. Prior to the issuance, amendment or termination of any marketing 43 order, the commissioner may require the applicants for such issuance, 44 amendment, or termination to deposit with them such amount as they may 45 deem necessary to defray the expenses of preparing and making effective 46 amending or terminating a marketing order. Such funds shall be received, 47 deposited, and disbursed by the commissioner in the same manner as other 48 fees received by the commissioner under this article and, in the event 49 the application for adoption, amendment or termination of a marketing 50 order is approved in a referendum, the commissioner shall reimburse any 51 such applicant in the amount of any such deposit from any unexpended 52 monies collected under the marketing order affected by such referendum. 53 10. Any moneys collected by the commissioner pursuant to this article 54 shall not be deemed state funds and shall be deposited in a bank or 55 other depository in this state, approved by the commissioner, allocated 56 to each marketing order under which they are collected, and shall beS. 9008 23 A. 10008 1 disbursed by the commissioner only for the necessary expenses incurred 2 by the commissioner with respect to each such separate marketing order, 3 all in accordance with the rules and regulations of the commissioner. 4 All such expenditures shall be audited by the state comptroller at least 5 annually and within thirty days after the completion thereof the state 6 comptroller shall give a copy thereof to the commissioner. Any moneys 7 remaining in such fund allocable to any particular commodity affected by 8 a marketing order may, in the discretion of the commissioner, be 9 refunded at the close of any marketing season upon a pro-rata basis to 10 all persons from whom assessments therefor were collected or, whenever 11 the commissioner finds that such moneys may be necessary to defray the 12 cost of operating such marketing order in a succeeding marketing season, 13 they may carry over all or any portion of such moneys into the next such 14 succeeding season. Upon the termination by the commissioner of any 15 marketing order, all moneys remaining and not required by the commis- 16 sioner to defray the expenses of operating such marketing order, shall 17 be refunded by the commissioner upon a pro-rata basis to all persons 18 from whom assessments therefor were collected; provided, however, that 19 if the commissioner finds that the amounts so refundable are so small as 20 to make impracticable the computation and refunding of such refunds, the 21 commissioner may use such moneys to defray the expenses incurred by the 22 commissioner in the formulation, issuance, administration or enforcement 23 of any subsequent marketing order for such commodity. 24 11. Advisory board. (a) Any marketing order issued pursuant to this 25 article shall provide for the establishment of an advisory board, to 26 consist of not less than five members nor more than nine members, to 27 advise the commissioner in the administration of such marketing order in 28 accordance with its terms and provisions. The members of such board 29 shall be appointed by the commissioner from nominations received from 30 the commodity group for which the marketing order is established. Nomi- 31 nating procedure, qualification, representation, and size of the advi- 32 sory board shall be prescribed in each marketing order for which such 33 board is appointed. Each advisory board shall be composed of such 34 producers and handlers or processors as are directly affected by the 35 marketing order in such proportion of representation as the order shall 36 prescribe. The commissioner may appoint one person who is neither a 37 producer nor processor nor other handler to represent the department of 38 agriculture and markets or the public generally. 39 (b) No member of an advisory board shall receive a salary, but each 40 shall be entitled to reimbursement for the member's actual expenses 41 incurred while engaged in performing the member's duties herein author- 42 ized. 43 (c) The duties and responsibilities of each advisory board shall be 44 prescribed by the commissioner, and they may specifically delegate to 45 the advisory board, by inclusion in the marketing order, all or any of 46 the following duties and responsibilities: 47 (i) The recommendation to the commissioner of administrative rules and 48 regulations relating to the marketing order. 49 (ii) Recommending to the commissioner such amendments to the marketing 50 order as seem advisable. 51 (iii) The preparation and submission to the commissioner of the esti- 52 mated budget required or the proper operation of the marketing order. 53 (iv) Recommending to the commissioner methods for assessing members of 54 the industry and methods for collecting the necessary funds.S. 9008 24 A. 10008 1 (v) Assisting the commissioner in the collection and assembling of 2 information and data necessary to the proper administration of the 3 order. 4 (vi) The performance of such other duties in connection with the 5 marketing order as the commissioner shall designate. 6 § 294. Rules and regulations; enforcement. 1. The commissioner may 7 make and promulgate such rules and regulations as may be necessary to 8 effectuate the provisions and intent of this article and to enforce the 9 provision of any marketing agreement or order, all of which shall have 10 the force and effect of law. 11 2. The commissioner may institute such action at law or in equity as 12 may appear necessary to enforce compliance with any provision of this 13 article, or any rule or regulation, marketing agreement or order, 14 committed to the commissioner's administration, and in addition to any 15 other remedy under article three of this chapter or otherwise may apply 16 for relief by injunction if necessary to protect the public interest 17 without being compelled to allege or prove that an adequate remedy at 18 law does not exist. Such application may be made to the supreme court in 19 any district or county as provided in the civil practice law and rules, 20 or to the supreme court in the third judicial district. 21 § 3. Sections 16-x, 16-y and 16-z of section 1 of chapter 174 of the 22 laws of 1968, constituting the New York state urban development corpo- 23 ration act, are REPEALED. 24 § 4. Notwithstanding the repeal of sections 16-x, 16-y and 16-z of 25 section 1 of chapter 174 of the laws of 1968, constituting the New York 26 state urban development corporation act pursuant to section three of 27 this act the marketing orders, and the regulatory provisions relating 28 thereto, set forth under parts 40, 200, 201, 203, 204 and 205 of title 1 29 of the New York codes, rules and regulations, shall remain in full force 30 and effect. 31 § 5. Notwithstanding the repeal of sections 16-x, 16-y and 16-z of 32 section 1 of chapter 174 of the laws of 1968, constituting the New York 33 state urban development corporation act pursuant to section three of 34 this act, all contracts entered into pursuant to such repealed sections 35 that continue in force and effect after the effective date of this act 36 and shall be assigned to the department of agriculture and markets, and 37 all undisbursed funds under the control of the urban development corpo- 38 ration in connection with the marketing orders shall be transferred to 39 the department of agriculture and markets on or before the forty-fifth 40 day following the effective date of this act; and any assessments due 41 and payable under such marketing orders shall be remitted to the depart- 42 ment of agriculture and markets beginning upon the thirtieth day after 43 the effective date of this act. 44 § 6. This act shall take effect July 1, 2026. 45 PART K 46 Section 1. Paragraph (d) of subdivision 1 of section 210-B of the tax 47 law, as amended by section 1 of part C of chapter 59 of the laws of 48 2023, is amended to read as follows: 49 (d) Except as otherwise provided in this paragraph, the credit allowed 50 under this subdivision for any taxable year shall not reduce the tax due 51 for such year to less than the fixed dollar minimum amount prescribed in 52 paragraph (d) of subdivision one of section two hundred ten of this 53 article. However, if the amount of credit allowable under this subdivi- 54 sion for any taxable year reduces the tax to such amount or if theS. 9008 25 A. 10008 1 taxpayer otherwise pays tax based on the fixed dollar minimum amount, 2 any amount of credit allowed for a taxable year commencing prior to 3 January first, nineteen hundred eighty-seven and not deductible in such 4 taxable year may be carried over to the following year or years and may 5 be deducted from the taxpayer's tax for such year or years but in no 6 event shall such credit be carried over to taxable years commencing on 7 or after January first, two thousand two, and any amount of credit 8 allowed for a taxable year commencing on or after January first, nine- 9 teen hundred eighty-seven and not deductible in such year may be carried 10 over to the fifteen taxable years next following such taxable year and 11 may be deducted from the taxpayer's tax for such year or years. In lieu 12 of such carryover, (i) any such taxpayer which qualifies as a new busi- 13 ness under paragraph (f) of this subdivision may elect to treat the 14 amount of such carryover as an overpayment of tax to be credited or 15 refunded in accordance with the provisions of section ten hundred eight- 16 y-six of this chapter, and (ii) any such taxpayer that is an eligible 17 farmer, as defined in subdivision eleven of this section, may for taxa- 18 ble years beginning before January first, two thousand [twenty-eight] 19 thirty-three, elect to treat the amount of such carryover as an overpay- 20 ment of tax to be credited or refunded in accordance with the provisions 21 of section one thousand eighty-six of this chapter, provided, however, 22 the provisions of subsection (c) of section ten hundred eighty-eight of 23 this chapter notwithstanding, no interest shall be paid thereon. 24 § 2. Paragraph 5 of subsection (a) of section 606 of the tax law, as 25 amended by section 2 of part C of chapter 59 of the laws of 2023, is 26 amended to read as follows: 27 (5) If the amount of credit allowable under this subsection for any 28 taxable year shall exceed the taxpayer's tax for such year, the excess 29 allowed for a taxable year commencing prior to January first, nineteen 30 hundred eighty-seven may be carried over to the following year or years 31 and may be deducted from the taxpayer's tax for such year or years, but 32 in no event shall such credit be carried over to taxable years commenc- 33 ing on or after January first, nineteen hundred ninety-seven, and any 34 amount of credit allowed for a taxable year commencing on or after Janu- 35 ary first, nineteen hundred eighty-seven and not deductible in such year 36 may be carried over to the ten taxable years next following such taxable 37 year and may be deducted from the taxpayer's tax for such year or years. 38 In lieu of carrying over any such excess, (A) a taxpayer who qualifies 39 as an owner of a new business for purposes of paragraph ten of this 40 subsection may, at the taxpayer's option, receive such excess as a 41 refund, and (B) a taxpayer that is an eligible farmer as defined in 42 subsection (n) of this section may, at the taxpayer's option, for taxa- 43 ble years beginning before January first, two thousand [twenty-eight] 44 thirty-three, receive such excess as a refund. Any refund paid pursuant 45 to this paragraph shall be deemed to be a refund of an overpayment of 46 tax as provided in section six hundred eighty-six of this article, 47 provided, however, that no interest shall be paid thereon. 48 § 3. This act shall take effect immediately. 49 PART L 50 Section 1. Subparagraph (ii) of paragraph (b) of subdivision 2 of 51 section 1896 of the public authorities law, as amended by chapter 388 of 52 the laws of 2011, is amended to read as follows: 53 (ii) loans shall not exceed thirteen thousand dollars per applicant 54 for approved qualified energy efficiency services for residential struc-S. 9008 26 A. 10008 1 tures, and twenty-six thousand dollars per applicant for approved quali- 2 fied energy efficiency services for non-residential structures, 3 provided, however, that the authority may permit a loan in excess of 4 such amounts if the total cost of energy efficiency measures financed by 5 such loan will [achieve] include a payback period [of fifteen years or6less] which does not exceed the useful life of the energy efficiency 7 measures installed, but in no event shall any such loan exceed [twenty-8five] fifty thousand dollars per applicant for residential structures 9 and fifty thousand dollars per applicant for non-residential structures; 10 and for multi-family structures loans shall be in amounts determined by 11 the authority, provided, however, that the authority shall assure that a 12 significant number of residential structures are included in the 13 program; 14 § 2. Paragraph (a) of subdivision 5 of section 1896 of the public 15 authorities law, as added by section 1 of part DD of chapter 58 of the 16 laws of 2012, is amended to read as follows: 17 (a) For each loan issued for qualified energy efficiency services that 18 is to be repaid through an on-bill recovery mechanism[, the New York19state energy research and development authority shall record, pursuant20to article nine of the real property law, in the office of the appropri-21ate recording officer, a declaration with respect to the property22improved by such services of the existence of the loan and stating the23total amount of the loan, the term of the loan, and that the loan is24being repaid] through a charge on an electric or gas meter associated 25 with the property, the on-bill recovery loan agreement shall allow for 26 the purchaser or transferee to agree through written express assumption 27 provided in accordance with the terms of the on-bill recovery loan that 28 they are responsible for future on-bill recovery charges, and in the 29 absence of such written express assumption, the original seller, 30 transferor, or current loan holder of the subject property shall contin- 31 ue to be responsible for payment of such remaining charges through 32 direct billing and payment to the authority, or its agent. [The decla-33ration shall further state that it is being filed pursuant to this34section and, unless fully satisfied prior to sale or transfer of the35property, the loan repayment utility meter charge shall survive changes36in ownership, tenancy, or meter account responsibility and, until fully37satisfied, shall constitute the obligation of the person responsible for38the meter account. Such declaration shall not constitute a mortgage and39shall not create any security interest or lien on the property. Upon40satisfaction of the loan, the authority shall file a declaration of41repayment pursuant to article nine of the real property law.] 42 § 3. Paragraph (d) of subdivision 2 of section 66-m of the public 43 service law, as added by chapter 388 of the laws of 2011, is amended to 44 read as follows: 45 (d) unless fully satisfied prior to sale or transfer, that (i) the 46 on-bill recovery charges for any services provided at the customer's 47 premises shall survive changes in ownership, tenancy or meter account 48 responsibility if the New York state energy research and development 49 authority shall have recorded a declaration pursuant to article nine of 50 the real property law with respect to such property for the existence of 51 an on-bill recovery loan, and (ii) that arrears in on-bill recovery 52 charges at the time of account closure or meter transfer shall remain 53 the responsibility of the incurring customer, unless expressly assumed 54 by a subsequent purchaser of the property subject to such charges;S. 9008 27 A. 10008 1 § 4. Paragraph (a) of subdivision 4 of section 242 of the real proper- 2 ty law, as added by chapter 388 of the laws of 2011, is amended to read 3 as follows: 4 (a) Any person, firm, company, partnership or corporation offering to 5 sell real property which is subject to a green jobs-green New York 6 on-bill recovery charge pursuant to title nine-A of article eight of the 7 public authorities law and which provides that such charge shall survive 8 changes in ownership, tenancy or meter account responsibility if not 9 fully satisfied prior to sale or transfer, shall provide written notice 10 to the prospective purchaser or the prospective purchaser's agent, stat- 11 ing as follows: "This property is subject to a green jobs-green New York 12 on-bill recovery charge". Such notice shall also state the total amount 13 of the original charge, the payment schedule and the approximate remain- 14 ing balance, a description of the energy efficiency services performed, 15 including improvements to the property, and an explanation of the bene- 16 fit of the green jobs-green New York qualified energy efficiency 17 services. Such notice shall be provided by the seller prior to accepting 18 a purchase offer; provided that such notice is not necessary if the loan 19 agreement provides that upon sale or transfer of the subject property 20 the purchaser or transferee is only responsible for on-bill recovery 21 charges after sale or transfer if they agree through written express 22 assumption provided in accordance with the terms of the on-bill recovery 23 loan agreement, and in the absence of such assumption, the original 24 seller, transferor, or current loan holder of the subject property shall 25 be responsible for payment of such remaining charges through direct 26 billing and payment to the New York state energy research and develop- 27 ment authority, or its agent. 28 § 5. This act shall take effect on the ninetieth day after it shall 29 have become a law. 30 PART M 31 Section 1. Expenditures of moneys by the New York state energy 32 research and development authority for services and expenses of the 33 energy research, development and demonstration program, including 34 grants, the energy policy and planning program, and the Fuel NY program 35 shall be subject to the provisions of this section. Notwithstanding the 36 provisions of subdivision 4-a of section 18-a of the public service law, 37 all moneys committed or expended in an amount not to exceed $28,725,000 38 shall be reimbursed by assessment against gas corporations, as defined 39 in subdivision 11 of section 2 of the public service law and electric 40 corporations as defined in subdivision 13 of section 2 of the public 41 service law, where such gas corporations and electric corporations have 42 gross revenues from intrastate utility operations in excess of $500,000 43 in the preceding calendar year, and the total amount assessed shall be 44 allocated to each electric corporation and gas corporation in proportion 45 to its intrastate electricity and gas revenues in the calendar year 46 2024. Such amounts shall be excluded from the general assessment 47 provisions of subdivision 2 of section 18-a of the public service law. 48 The chair of the public service commission shall bill such gas and/or 49 electric corporations for such amounts on or before August 10, 2026 and 50 such amounts shall be paid to the New York state energy research and 51 development authority on or before September 10, 2026. Upon receipt, the 52 New York state energy research and development authority shall deposit 53 such funds in the energy research and development operating fund estab- 54 lished pursuant to section 1859 of the public authorities law. The NewS. 9008 28 A. 10008 1 York state energy research and development authority is authorized and 2 directed to provide to the chair of the public service commission and 3 the director of the budget and the chairs and secretaries of the legis- 4 lative fiscal committees, on or before August first of each year, an 5 itemized record, certified by the president and chief executive officer 6 of the authority, or such chief executive officer's designee, detailing 7 any and all expenditures and commitments ascribable to moneys received 8 as a result of this assessment by the chair of the department of public 9 service pursuant to section 18-a of the public service law. This item- 10 ized record shall include an itemized breakdown of the programs being 11 funded by this section and the amount committed to each program. The 12 authority shall not commit for any expenditure, any moneys derived from 13 the assessment provided for in this section, until the chair of such 14 authority shall have submitted, and the director of the budget shall 15 have approved, a comprehensive financial plan encompassing all moneys 16 available to and all anticipated commitments and expenditures by such 17 authority from any source for the operations of such authority. Copies 18 of the approved comprehensive financial plan shall be immediately 19 submitted by the chair to the chairs and secretaries of the legislative 20 fiscal committees. Any such amount not committed by such authority to 21 contracts or contracts to be awarded or otherwise expended by the 22 authority during the fiscal year shall be refunded by such authority on 23 a pro-rata basis to such gas and/or electric corporations, in a manner 24 to be determined by the department of public service, and any refund 25 amounts must be explicitly lined out in the itemized record described 26 above. 27 § 2. This act shall take effect immediately and shall be deemed to 28 have been in full force and effect on and after April 1, 2026. 29 PART N 30 Section 1. Subdivision 12 of section 66 of the public services law is 31 amended by adding two new paragraphs (n) and (o) to read as follows: 32 (n) The commission shall require each application for a major change 33 in rates filed by a gas corporation or an electric corporation to 34 include an executive compensation disclosure. Such executive compen- 35 sation disclosure shall include: (i) the median of the annual total 36 compensation of all employees of the gas corporation or electric corpo- 37 ration, except the chief executive officer; (ii) the annual total 38 compensation of the chief executive officer; and (iii) the ratio of the 39 amount described in subparagraph (i) of this paragraph to the amount 40 described in subparagraph (ii) of this paragraph. The commission shall 41 develop performance-based targets that tie compensation for the chief 42 executive officer and other management positions and ratepayer-funded 43 incentive compensation programs to the energy affordability index devel- 44 oped pursuant to section sixty-six-x of this article and shall consider 45 adjustments to the corporation's return on equity based on such metric. 46 (o) The commission shall require each application for a major change 47 in rates filed by a gas corporation or an electric corporation to 48 include, in addition to the corporation's recommended proposal, a budget 49 constrained proposal that separately addresses operating expenses, capi- 50 tal expenditures, and programmatic or policy expenditures. Such budget 51 constrained proposal shall not increase the applicant's aggregate reven- 52 ues by more than the annual consumer price index increases over prior 53 years. In the event a rate plan is established based on a budget 54 constrained proposal, the commission shall require the corporation toS. 9008 29 A. 10008 1 track expenditures and outcomes and explain all meaningful deviations 2 from the approved rate plan. 3 § 2. Subdivision 10 of section 80 of the public service law is amended 4 by adding two new paragraphs (h) and (i) to read as follows: 5 (h) The commission shall require each application for a major change 6 in rates filed by a steam corporation to include an executive compen- 7 sation disclosure. Such executive compensation disclosure shall include: 8 (i) the median of the annual total compensation of all employees of the 9 steam corporation, except the chief executive officer; (ii) the annual 10 total compensation of the chief executive officer; and (iii) the ratio 11 of the amount described in subparagraph (i) of this paragraph to the 12 amount described in subparagraph (ii) of this paragraph. 13 (i) The commission shall require each application for a major change 14 in rates filed by a steam corporation to include, in addition to the 15 corporation's recommended proposal, a budget constrained proposal that 16 separately addresses operating expenses, capital expenditures, and 17 programmatic or policy expenditures. Such budget constrained proposal 18 shall not increase the applicant's aggregate revenues by more than the 19 annual consumer price index increases over prior years. In the event a 20 rate plan is established based on a budget constrained proposal, the 21 commission shall require the corporation to track expenditures and 22 outcomes and explain all meaningful deviations from the approved rate 23 plan. 24 § 3. Subdivision 10 of section 89-c of the public service law is 25 amended by adding two new paragraphs (j) and (k) to read as follows: 26 (j) The commission shall require each application for a major change 27 in rates filed by a water-works corporation to include an executive 28 compensation disclosure. Such executive compensation disclosure shall 29 include: (i) the median of the annual total compensation of all employ- 30 ees of the water-works corporation, except the chief executive officer; 31 (ii) the annual total compensation of the chief executive officer; and 32 (iii) the ratio of the amount described in subparagraph (i) of this 33 paragraph to the amount described in subparagraph (ii) of this para- 34 graph. 35 (k) The commission shall require each application for a major change 36 in rates filed by a water-works corporation to include, in addition to 37 the corporation's recommended proposal, a budget constrained proposal 38 that separately addresses operating expenses, capital expenditures, and 39 programmatic or policy expenditures. Such budget constrained proposal 40 shall not increase the applicant's aggregate revenues by more than the 41 annual consumer price index increases over prior years. In the event a 42 rate plan is established based on a budget constrained proposal, the 43 commission shall require the corporation to track expenditures and 44 outcomes and explain all meaningful deviations from the approved rate 45 plan. 46 § 4. Within 180 days from the effective date of this act, the public 47 service commission shall issue a review of the standards and procedures 48 used to ensure that inappropriate utility expenses, including certain 49 classes of advertising and legal fees and any fines or penalties imposed 50 on the utility, are not charged to ratepayers. 51 § 5. This act shall take effect January 1, 2027. Effective immediate- 52 ly, the addition, amendment and/or repeal of any rule or regulation 53 necessary for the implementation of this act on its effective date are 54 authorized to be made and completed on or before such effective date. 55 PART OS. 9008 30 A. 10008 1 Section 1. Paragraph (f) of subdivision 12 of section 66 of the public 2 service law, as amended by chapter 154 of the laws of 1989, is amended 3 to read as follows: 4 (f) Whenever there shall be filed with the commission by any utility 5 any schedule stating a new rate or charge, or any change in any form of 6 contract or agreement or any rule or regulation relating to any rate, 7 charge or service, or in any general privilege or facility, the commis- 8 sion may, at any time within sixty days from the date when such schedule 9 would or has become effective, either upon complaint or upon its own 10 initiative, and, if it so orders, without answer or other formal plead- 11 ing by the utility, but upon reasonable notice, hold a hearing concern- 12 ing the propriety of a change proposed by the filing. If such change is 13 a major change, the commission shall hold such a hearing. Pending such 14 hearing and decision thereon, the commission, upon filing with such 15 schedule and delivering to the utility, a statement in writing of its 16 reasons therefor, may suspend the operation of such schedule, but not 17 for a longer period than [one hundred and twenty days] fourteen months 18 beyond the time when it would otherwise go into effect. After full hear- 19 ing, whether completed before or after the schedule goes into effect, 20 the commission may make such order in reference thereto as would be 21 proper in a proceeding begun after the rate, charge, form of contract or 22 agreement, rule, regulation, service, general privilege or facility had 23 become effective. [If any such hearing cannot be concluded within the24period of suspension as above stated, the commission may extend the25suspension for a further period, not exceeding six months.] The commis- 26 sion may, in the exercise of its discretion, establish a multiyear rate 27 plan that sets rates on an annual basis for a period not to exceed two 28 years. Following the establishment of a multiyear rate plan, a utility 29 shall not file for a further change, other than a de minimis change, in 30 any rate or charge to become effective during the established rate plan 31 period. Notwithstanding the previous sentence, if, during a multiyear 32 rate plan period, the commission determines in the exercise of its 33 discretion that a circumstance has arisen that meaningfully threatens a 34 utility's economic viability or the utility's ability to provide safe, 35 adequate, and reliable service, then a utility may file a proposal for a 36 further change in a rate or charge to be effective prior to the end of 37 the multiyear rate plan period. The utility shall support any request 38 for such commission determination through sworn statements and verified, 39 accurate exhibits, and the burden of proof in such a scenario shall 40 remain on the utility. The commission may provide an opportunity for 41 department staff, local governmental entities, and others to respond to 42 the utility's request. 43 § 2. Paragraph (f) of subdivision 10 of section 80 of the public 44 service law, as amended by chapter 154 of the laws of 1989, is amended 45 to read as follows: 46 (f) Whenever there shall be filed with the commission by any utility 47 any schedule stating a new rate or charge, or any change in any form of 48 contract or agreement or any rule or regulation relating to any rate, 49 charge or service, or in any general privilege or facility, the commis- 50 sion may, at any time within sixty days from the date when such schedule 51 would or has become effective, either upon complaint or upon its own 52 initiative, and, if it so orders, without answer or other formal plead- 53 ing by the utility, but upon reasonable notice, hold a hearing concern- 54 ing the propriety of a change proposed by the filing. If such change is 55 a major change, the commission shall hold such a hearing. Pending such 56 hearing and decision thereon the commission, upon filing with such sche-S. 9008 31 A. 10008 1 dule and delivering to the utility, a statement in writing of its 2 reasons therefor, may suspend the operation of such schedule, but not 3 for a longer period than [one hundred and twenty days] fourteen months 4 beyond the time when it would otherwise go into effect. After full hear- 5 ing, whether completed before or after the schedule goes into effect, 6 the commission may make such order in reference thereto as would be 7 proper in a proceeding begun after the rate, charge, form of contract or 8 agreement, rule, regulation, service, general privilege or facility had 9 become effective. [If such hearing cannot be concluded within the period10of suspension as above stated, the commission may extend the suspension11for a further period not exceeding six months.] The commission may, in 12 the exercise of its discretion, establish a multiyear rate plan that 13 sets rates on an annual basis for a period not to exceed two years. 14 Following the establishment of a multiyear rate plan, a utility shall 15 not file for a further change, other than a de minimis change, in any 16 rate or charge to become effective during the established rate plan 17 period. Notwithstanding the previous sentence, if, during a multiyear 18 rate plan period, the commission determines in the exercise of its 19 discretion that a circumstance has arisen that meaningfully threatens a 20 utility's economic viability or the utility's ability to provide safe, 21 adequate, and reliable service, then a utility may file a proposal for a 22 further change in a rate or charge to be effective prior to the end of 23 the multiyear rate plan period. The utility shall support any request 24 for such commission determination through sworn statements and verified, 25 accurate exhibits, and the burden of proof in such a scenario shall 26 remain on the utility. The commission may provide an opportunity for 27 department staff, local governmental entities, and others to respond to 28 the utility's request. 29 § 3. Paragraph (f) of subdivision 10 of section 89-c of the public 30 service law, as amended by chapter 154 of the laws of 1989, is amended 31 to read as follows: 32 (f) Whenever there shall be filed with the commission by any water- 33 works corporation any schedule stating a new rate or charge, or any 34 change in any form of contract or agreement or any rule or regulation 35 relating to any rate, charge or service, or in any general privilege or 36 facility, the commission may, at any time within sixty days from the 37 date when such schedule would or has become effective, either upon 38 complaint or upon its own initiative, and, if it so orders, without 39 answer or other formal pleading by the interested corporation, but upon 40 reasonable notice, hold a hearing concerning the propriety of a change 41 proposed by the filing. If such change is a major change, the commission 42 shall hold such a hearing. Pending such hearing and decision thereon, 43 the commission, upon filing with such schedule and delivering to the 44 corporation affected thereby a statement in writing of its reasons 45 therefor, may suspend the operation of such schedule, but not for a 46 longer period than [one hundred and twenty days] fourteen months beyond 47 the time when it would otherwise go into effect. After a full hearing, 48 whether completed before or after the schedule goes into effect, the 49 commission may make such order in reference thereto as would be proper 50 in a proceeding begun after the rate, charge, form of contract or agree- 51 ment, rule, regulation, service, general privilege or facility had 52 become effective. [If any such hearing cannot be concluded within the53period of suspension as above stated, the commission may extend the54suspension for a further period not exceeding six months.] The commis- 55 sion may, in the exercise of its discretion, establish a multiyear rate 56 plan that sets rates on an annual basis for a period not to exceed twoS. 9008 32 A. 10008 1 years. Following the establishment of a multiyear rate plan, a utility 2 shall not file for a further change, other than a de minimis change, in 3 any rate or charge to become effective during the established rate plan 4 period. Notwithstanding the previous sentence, if, during a multiyear 5 rate plan period, the commission determines in the exercise of its 6 discretion that a circumstance has arisen that meaningfully threatens a 7 utility's economic viability or the utility's ability to provide safe, 8 adequate, and reliable service, then a utility may file a proposal for a 9 further change in a rate or charge to be effective prior to the end of 10 the multiyear rate plan period. The utility shall support any request 11 for such commission determination through sworn statements and verified, 12 accurate exhibits, and the burden of proof in such a scenario shall 13 remain on the utility. The commission may provide an opportunity for 14 department staff, local governmental entities, and others to respond to 15 the utility's request. 16 § 4. This act shall take effect immediately and shall apply to any 17 proposed change in rates filed on or after January 1, 2027. 18 PART P 19 Section 1. The public service law is amended by adding a new section 20 66-x to read as follows: 21 § 66-x. Energy affordability index. 1. Beginning January first, two 22 thousand twenty-seven, the commission shall require each gas corporation 23 and electric corporation to submit an annual affordability index showing 24 the energy burden of such corporation's residential customers. The 25 commission shall promulgate rules and regulations adopting a methodology 26 for gas corporations and electric corporations to calculate an afforda- 27 bility index. 28 2. On or before June first, two thousand twenty-seven, and annually 29 thereafter, the commission shall issue a report on energy affordability 30 that includes a comparison of the affordability of residential utility 31 service provided by each gas corporation and electric corporation in New 32 York state to affordability data from other states as reported by the 33 United States energy information administration. 34 § 2. Subdivision 12 of section 66 of the public service law is amended 35 by adding a new paragraph (p) to read as follows: 36 (p) The commission shall require each application for a major change 37 in rates filed by a gas corporation or an electric corporation to 38 include an affordability index that shows the energy burden of such 39 corporation's residential customers at the time of filing and what the 40 energy burden would be following the corporation's proposed change in 41 rates, as calculated using the methodology adopted by the commission 42 pursuant to section sixty-six-x of this article. 43 § 3. Section 66 of the public service law is amended by adding a new 44 subdivision 33 to read as follows: 45 33. Following any commission decision that establishes a change in 46 rates that results in an energy burden greater than three percent for 47 residential electric service or greater than three percent for residen- 48 tial gas service, have power to install an independent affordability 49 monitor inside any gas corporation or electric corporation for a time 50 period determined by the commission but for no less than one year. In 51 every case in which the commission chooses to install an affordability 52 monitor, it shall have authority to select the monitor, and to require 53 the electric corporation, gas corporation, or electric and gas corpo- 54 ration being monitored to enter into a contract with the monitor to payS. 9008 33 A. 10008 1 for the monitor's services at such corporation's expense. Such contract 2 shall provide further that the monitor shall work for and under the 3 direction of the commission according to such terms as the commission 4 may determine are necessary and reasonable. Such affordability monitor 5 shall have power to examine the accounts, books, contracts, records, 6 documents and papers of the corporation and shall have full access to 7 management meetings in order to review utility operations and expendi- 8 tures. The affordability monitor shall report to the commission the 9 primary cost drivers that caused the energy burden to rise more than 10 three percent, and any opportunities for cost savings. 11 § 4. This act shall take effect January 1, 2027. Effective immediate- 12 ly, the addition, amendment and/or repeal of any rule or regulation 13 necessary for the implementation of this act on its effective date are 14 authorized to be made and completed on or before such date. 15 PART Q 16 Section 1. Subdivision 1 of section 235-a of the real property law, as 17 amended by chapter 143 of the laws of 2020, is amended to read as 18 follows: 19 1. In any case in which a residential tenant shall lawfully make a 20 payment to a utility company pursuant to the provisions of [sections21thirty-three,] section thirty-four [and one hundred sixteen] of the 22 public service law, or to a utility company as defined in subdivision 23 twenty-three of section two of the public service law, public authority, 24 water-works corporation, as defined in subdivision twenty-seven of 25 section two of the public service law, or municipal water system, as 26 prescribed in section eighty-nine-l of the public service law, for water 27 service which a landlord is responsible for but has failed or refused to 28 provide payment therefor, such payment shall be deductible from any 29 future payment of rent. 30 § 2. Section 33 of the public service law, as added by chapter 713 of 31 the laws of 1981, paragraphs (c) and (d) of subdivision 1 as amended by 32 chapter 195 of the laws of 2010, is amended to read as follows: 33 § 33. Discontinuance of residential utility service to multiple dwell- 34 ings. 1. Notwithstanding any other provisions of law, no public utility 35 company or municipality shall discontinue gas, electric or steam service 36 to an entire multiple dwelling (as defined in the multiple dwelling law 37 or the multiple residence law) located anywhere in this state for 38 nonpayment of bills rendered for service [unless such]. A public utility 39 company or municipality may commence an action against the owner of the 40 premises affected seeking a lien against such multiple dwelling for the 41 amount of such utility bills. A utility shall have given fifteen days 42 written notice of its intention so to [discontinue] seek such lien as 43 follows: 44 (a) Such notice shall be served personally on the owner of the prem- 45 ises affected, or in lieu thereof, to the person, firm, or corporation 46 to whom or which the last preceding bill has been rendered and from whom 47 or which the utility has received payment therefor, and to the super- 48 intendent or other person in charge of the building or premises 49 affected, if it can be readily ascertained that there is such super- 50 intendent or other person in charge. 51 (b) In lieu of personal delivery to the person or persons, firm or 52 corporation specified in paragraph (a) [above] of this subdivision, such 53 notice may be mailed in a postpaid wrapper to the address of such person 54 or persons, firm or corporation.S. 9008 34 A. 10008 1 (c) In addition to the notice prescribed by paragraph (a) or (b) of 2 this subdivision, fifteen days written notice shall be (i) posted in the 3 public areas of such multiple dwelling, (ii) mailed to the "Occupant" of 4 each unit in that multiple dwelling, (iii) mailed to the local health 5 officer and the director of the social services district for the poli- 6 tical subdivision in which the multiple dwelling is located, (iv) if the 7 multiple dwelling is located in a city or a village, mailed to the mayor 8 thereof, or if there be none, to the manager, or, if the multiple dwell- 9 ing is located in a town, then mailed to the town supervisor, (v) mailed 10 to the county executive of the county in which the multiple dwelling is 11 located, or if there be none, then to the [chairman] chairperson of such 12 county's legislative body, and (vi) mailed to the office of the New York 13 state long term care ombudsman, if the multiple dwelling is a residen- 14 tial health care facility as defined in subdivision three of section 15 twenty-eight hundred one of the public health law, an adult care facili- 16 ty as defined in subdivision twenty-one of section two of the social 17 services law, or an assisted living residence as defined in subdivision 18 one of section forty-six hundred fifty-one of the public health law as 19 added by chapter two of the laws of two thousand four. Notice required 20 by subparagraphs (iv) and (v) of this paragraph may be mailed to the 21 persons specified therein or to their respective designees. The notice 22 required by this paragraph shall state [the intended date of discontin-23uance of service,] the amount due for such service, and [the procedure24by which any tenant or public agency may make such payment and thereby25avoid discontinuance of service] that the utility will not discontinue 26 service and shall seek a lien against the owner. 27 [(d) The written notice required by subparagraphs (iii), (iv), (v) and28(vi) of paragraph (c) of this subdivision shall be repeated not more29than four days nor less than two days prior to such discontinuance.301-a. Whenever a notice of intention to discontinue utility service has31been made pursuant to the provisions of this section and obligations32owed the utility or municipality have been satisfied, the utility or33municipality shall notify, in the same manner as it gave such notice of34intention, the occupant of each unit that the intention to discontinue35utility service no longer exists.] 36 2. For the purposes of this section, the department charged with 37 enforcing the multiple dwelling law shall prepare a schedule of all 38 multiple dwellings within its jurisdiction and shall provide a copy of 39 such schedule to any gas, steam or electric corporation or municipality 40 subject to the provisions of this section. Such schedule shall be 41 revised semi-annually and a revised copy provided to such corporation. 42 Every county, and every municipality to which the multiple dwelling law 43 does not apply, which county or municipality has compiled or hereafter 44 may compile a listing of all multiple dwellings within its jurisdiction 45 shall make such listing available without charge to any gas, steam or 46 electric corporation providing service in such county or municipality. 47 3. [Any gas, electric or steam corporation or municipality which will-48fully fails to comply with the provisions of this section shall be49liable for a penalty of twenty-five dollars for each occupied unit of50the multiple dwelling for each day during which service is unlawfully51discontinued; provided, however, that when the only non-compliance with52this section is failure to mail notice to each "Occupant" as required by53clause (ii) of paragraph (c) of subdivision one above the penalty shall54be twenty-five dollars for each occupied unit of the multiple dwelling55to which notice was not mailed for each day during which service is56unlawfully discontinued. An action to recover a penalty under thisS. 9008 35 A. 10008 1section may be brought by the counsel to the commission in any court of2competent jurisdiction in this state in the name of the people of the3state of New York. Any moneys recovered in such action shall be paid to4the state treasury to the credit of the general fund.54.] Any person who willfully interferes with the posting of the notice 6 specified in [clause] subparagraph (i) of paragraph (c) of subdivision 7 one [above] of this section by any gas, steam or electric corporation or 8 municipality, willfully defaces or mutilates any such notice, or will- 9 fully removes the same from the place where it is posted by such company 10 prior to the date specified therein for the discontinuance of service 11 shall be guilty of a violation and, upon conviction, shall be punished 12 by a fine not exceeding twenty-five dollars. 13 [5. The commission shall maintain rules and regulations for the14payment by tenants of utility bills for gas, electric or steam service15in a multiple dwelling to which this section applies where the owner of16any such multiple dwelling, or the person, firm or corporation to whom17or which the last preceding bill has been rendered or from whom or which18the utility or municipality has received payment therefor, has failed to19pay such utility bills. Such rules and regulations shall (a) provide20that utility service may not be discontinued to any such multiple dwell-21ing as long as the tenants continue to make timely payments in accord-22ance with established procedures; (b) include designation of an office23to advise tenants of the rights and procedures available pursuant to24such rules and regulations; (c) assure that tenants shall not be liable25for bills more than two months in arrears; and (d) require the commis-26sion upon petition of twenty-five percent of the tenants of such multi-27ple dwelling to meet with representatives of such tenants and the owner,28person, firm or corporation to whom or which the last preceding bill has29been rendered or from whom or which the utility has received payment30therefor.] 31 § 3. Section 116 of the public service law, as amended by chapter 713 32 of the laws of 1981, subdivision 5 as separately amended by chapter 511 33 of the laws of 1981, is amended to read as follows: 34 § 116. Discontinuance of water service to multiple dwellings. 1. 35 Notwithstanding any other provisions of law, no public utility company 36 shall discontinue water service to an entire multiple dwelling (as 37 defined in the multiple dwelling law or the multiple residence law) 38 located anywhere in this state for nonpayment of bills rendered for 39 service [unless such]. A public utility company or municipality may 40 commence an action against the owner of the premises affected seeking a 41 lien against such multiple dwelling for the amount of such utility 42 bills. A utility shall have given fifteen days' written notice of its 43 intention so to [discontinue] seek such lien as follows: 44 (a) Such notice shall be served personally on the owner of the prem- 45 ises affected, or in lieu thereof, to the person, firm, or corporation 46 to whom or which the last preceding bill has been rendered and from whom 47 or which the utility has received payment therefor, and to the super- 48 intendent or other person in charge of the building or premises 49 affected, if it can be readily ascertained that there is such super- 50 intendent or other person in charge. 51 (b) In lieu of personal delivery to the person or persons, firm or 52 corporation specified in paragraph (a) [above] of this subdivision, such 53 notice may be mailed in a postpaid wrapper to the address of such person 54 or persons, firm or corporation. 55 (c) In addition to the notice prescribed by paragraph (a) or (b) 56 [above] of this subdivision, fifteen days' written notice shall be (i)S. 9008 36 A. 10008 1 posted in the public areas of such multiple dwelling, (ii) mailed to the 2 "Occupant" of each unit in that multiple dwelling, (iii) mailed to the 3 local health officer and the director of the social services district 4 for the political subdivision in which the multiple dwelling is located, 5 (iv) if the multiple dwelling is located in a city or a village, mailed 6 to the mayor thereof, or if there be none, to the manager, or, if the 7 multiple dwelling is located in a town, then mailed to the town supervi- 8 sor, and (v) mailed to the county executive of the county in which the 9 multiple dwelling is located, or if there be none, then to the [chair-10man] chairperson of such county's legislative body. Notice required by 11 subparagraphs (iv) and (v) of this paragraph may be mailed to the 12 persons specified therein or to their respective designees. The notice 13 required by this paragraph shall state the [intended date of discontin-14uance of service, the] amount due for such service, and [the procedure15by which any tenant or public agency may make such payment and thereby16avoid discontinuance of service] that the utility will not discontinue 17 service and shall seek a lien against the owner. 18 [(d) The written notice required by clauses (iii), (iv) and (v) of19paragraph (c) above shall be repeated not more than four days nor less20than two days prior to such discontinuance.211-a. Whenever a notice of intention to discontinue utility service has22been made pursuant to the provisions of this section and obligations23owed the utility have been satisfied, the utility shall notify, in the24same manner as it gave such notice of intention, the occupant of each25unit that the intention to discontinue utility service no longer26exists.] 27 2. For the purposes of this section, the department charged with 28 enforcing the multiple dwelling law shall prepare a schedule of all 29 multiple dwellings within its jurisdiction and shall provide a copy of 30 such schedule to any water corporation subject to the provisions of this 31 section. Such schedule shall be revised semi-annually and a revised copy 32 provided to such corporation. Every county, and every municipality to 33 which the multiple dwelling law does not apply, which county or munici- 34 pality has compiled or hereafter may compile a listing of all multiple 35 dwellings within its jurisdiction shall make such listing available 36 without charge to any water corporation providing service in such county 37 or municipality. 38 3. [Any water corporation which willfully fails to comply with the39provisions of this section shall be liable for a penalty of twenty-five40dollars for each occupied unit of the multiple dwelling for each day41during which service is unlawfully discontinued; provided, however, that42when the only non-compliance with this section is failure to mail notice43to each "Occupant" as required by clause (ii) of paragraph (c) of subdi-44vision one above the penalty shall be twenty-five dollars for each occu-45pied unit of the multiple dwelling to which notice was not mailed for46each day during which service is unlawfully discontinued. An action to47recover a penalty under this section may be brought by the counsel to48the commission in any court of competent jurisdiction in this state in49the name of the people of the state of New York. Any monies recovered in50such action shall be paid to the state treasury to the credit of the51general fund.524.] Any person who willfully interferes with the posting of the notice 53 specified in [clause] subparagraph (i) of paragraph (c) of subdivision 54 one [above] of this section by any water corporation, willfully defaces 55 or mutilates any such notice, or willfully removes the same from the 56 place where it is posted by such company prior to the date specifiedS. 9008 37 A. 10008 1 therein for the discontinuance of service shall be guilty of a violation 2 and, upon conviction, shall be punished by a fine not exceeding twenty- 3 five dollars. 4 [5. The commission shall maintain rules and regulations for the5payment by tenants of utility bills for water service in a multiple6dwelling to which this section applies where the owner of any such7multiple dwelling, or the person, firm or corporation to whom or which8the last preceding bill has been rendered or from whom or which the9utility has received payment therefore, has failed to pay such utility10bills. Such rules and regulations shall (i) provide that utility service11may not be discontinued to any such multiple dwelling as long as the12tenants continue to make timely payments in accordance with established13procedures; (ii) include designation of an office to advise tenants of14the rights and procedures available pursuant to such rules and regu-15lations; (iii) assure that tenants shall not be liable for bills more16than two months in arrears; and (iv) require the commission upon peti-17tion of twenty-five percent of the tenants of such multiple dwelling to18meet with representatives of such tenants and the owner, person, firm or19corporation to whom or which the last preceding bill has been rendered20or from whom or which the utility has received payment therefore.] 21 § 4. This act shall take effect on the ninetieth day after it shall 22 have become a law. 23 PART R 24 Section 1. Subdivision 5 of section 8-0105 of the environmental 25 conservation law, as amended by chapter 228 of the laws of 1976, is 26 amended and two new subdivisions 11 and 12 are added to read as follows: 27 5. "Actions" do not include: 28 (i) enforcement proceedings or the exercise of prosecutorial 29 discretion in determining whether or not to institute such proceedings; 30 (ii) official acts of a ministerial nature, involving no exercise of 31 discretion; 32 (iii) maintenance or repair involving no substantial changes in 33 [exsiting] existing structure or facility. 34 11. "Previously disturbed site" means a parcel of land that: 35 (i) has been developed prior to two years before the application for a 36 permit or authorization for an action; 37 (ii) is substantially altered by one or more of the following uses or 38 a combination thereof, whether currently in use, abandoned, or demol- 39 ished: buildings or structures, impervious surfaces, maintained lawns 40 or other non-vegetated maintained areas, or public infrastructure utili- 41 ties; 42 (iii) is not located in a Federal Emergency Management Agency (FEMA) 43 designated 100-year floodplain; and 44 (iv) has not been used for agricultural purposes within three of the 45 last five years before the application for a permit or authorization for 46 an action. 47 12. "Small community water system" means a public water system which 48 serves at least five service connections used by year-round residents or 49 regularly serves at least twenty-five year-round residents, and serves 50 thirty-three hundred or fewer persons. 51 § 2. The opening paragraph of subdivision 4 of section 8-0109 of the 52 environmental conservation law, as amended by chapter 49 of the laws of 53 2023, is amended to read as follows:S. 9008 38 A. 10008 1 As early as possible in the formulation of a proposal for an action 2 but not more than one year from the establishment of a lead agency, the 3 responsible agency shall make an initial determination as to whether an 4 environmental impact statement need be prepared for the action. In 5 making such determination for any proposed action the responsible agency 6 shall consider whether such action may cause or increase a dispropor- 7 tionate pollution burden on a disadvantaged community that is directly 8 or significantly indirectly affected by such action. When an action is 9 to be carried out or approved by two or more agencies, such determi- 10 nation shall be made as early as possible after the designation of the 11 lead agency. 12 § 3. Subdivision 5 of section 8-0109 of the environmental conservation 13 law is amended by adding a second undesignated paragraph to read as 14 follows: 15 Notwithstanding the specified time periods established by this arti- 16 cle, for actions involving applications for a permit or authorization, 17 the agency shall prepare and make available the environmental impact 18 statement within two years after the date a draft environmental impact 19 statement is determined to be required, unless the agency extends the 20 deadline in writing and, in consultation with an applicant and at the 21 discretion of the agency, establishes a new deadline that provides only 22 so much additional time as is necessary to complete the environmental 23 impact statement, considering any changes made by the applicant to the 24 project design after the issuance of the scoping document that result in 25 new significant environmental impacts, or additional actions that could 26 not have been reasonably anticipated during scoping, or the failure of 27 an applicant to provide necessary information despite good faith effort 28 by an agency, or delay in circumstances beyond the control of an agency 29 or an applicant. 30 § 4. Subdivision 5 of section 8-0111 of the environmental conservation 31 law is amended by adding five new paragraphs (d), (e), (f), (g) and (h) 32 to read as follows: 33 (d) Actions involving the construction of housing in cities, towns, 34 and villages with populations of one million or more, provided that such 35 actions meet all of the following criteria: 36 (i) such actions shall not involve projects that would be located 37 within a coastal flooding area, as designated by the relevant local 38 agency; 39 (ii) such actions shall not involve projects located within an area 40 zoned exclusively for industrial uses, as designated by the relevant 41 local agency; 42 (iii) for any such actions that involve projects that would include 43 residential and non-residential uses, any such projects shall contain no 44 more than fifty thousand square feet of non-residential uses; and 45 (iv) for any such actions that involve projects that meet the criteria 46 in subparagraphs (i), (ii), and (iii) of this paragraph, any such 47 projects shall not exceed two hundred fifty dwelling units. Provided, 48 however, that for any such actions that involve projects located within 49 medium- or high-density residential or medium- or high-density mixed-use 50 districts, as designated by the relevant local agency, any such projects 51 shall not exceed five hundred dwelling units. 52 (e) Actions involving construction of housing in cities, towns, and 53 villages with populations of fewer than one million persons, provided 54 that such actions meet all of the following criteria:S. 9008 39 A. 10008 1 (i) such actions involve projects that shall be connected to existing 2 community or public water and sewerage systems at the commencement of 3 habitation; 4 (ii) such actions involve projects that shall be located at a previ- 5 ously disturbed site; 6 (iii) for any such actions involving mixed-use projects, any such 7 projects shall contain no more than fifty thousand square feet of non- 8 residential uses or twenty percent non-residential uses by gross floor 9 area, whichever is less; and 10 (iv) such actions involve projects that shall not exceed one hundred 11 dwelling units. 12 (f) Actions occurring at a previously disturbed site involving the 13 following: 14 (i) construction of public parks that do not include performance 15 centers, athletic stadiums, or other venues for mass gatherings; 16 (ii) construction of multi-use bicycle and pedestrian trails; or 17 (iii) construction of new or renovated childcare facilities that will 18 be connected to existing community or public water and sewerage systems 19 at the commencement of use. 20 (g) Actions involving water and wastewater infrastructure projects 21 that meet the following criteria: 22 (i) replacement, rehabilitation or reconstruction of municipal water 23 or wastewater infrastructure, in-kind and on the same site, including 24 lead service line replacement; or 25 (ii) replacement, rehabilitation, upgrades or reconstruction of an 26 existing small community water system; or 27 (iii) a project to provide sewer service to a disadvantaged community 28 served by one or more inadequate sewage treatment systems that has been 29 determined by the department not to require a permit or approval pursu- 30 ant to articles fifteen, twenty-four or twenty-five of this chapter or 31 any rules or regulations promulgated thereunder. 32 (h) Actions consisting of the retrofit of an existing structure and 33 its appurtenant areas to incorporate green infrastructure. 34 § 5. Section 8-0111 of the environmental conservation law is amended 35 by adding a new subdivision 7 to read as follows: 36 7. Statute of limitations. The time to commence a proceeding to review 37 an agency determination under the provisions of this article or under 38 the rules or regulations implementing the provisions of this article 39 shall begin to accrue when the agency determination to approve or disap- 40 prove the action becomes final and binding upon the petitioner or the 41 person whom the petitioner represents in law or in fact. 42 § 6. Nothing contained in this act shall be interpreted or construed 43 as modifying or affecting any authorizations, requirements, or proce- 44 dures under the national historic preservation act of 1966, the New York 45 state historic preservation act of 1980, the parks, recreation and 46 historic preservation law, or any other state or local law governing the 47 identification, protection, or management of historic properties, or 48 under any rules or regulations promulgated thereunder. Nor shall 49 anything in this act be interpreted or construed as modifying or affect- 50 ing any authorizations, requirements, or procedures other than those 51 pertaining to environmental review conducted pursuant to article 8 of 52 the environmental conservation law and any state and local regulations 53 promulgated thereunder. 54 § 7. This act shall take effect immediately and shall apply to all 55 pending proceedings on and after such effective date; provided, however, 56 that actions for which a determination to require an environmentalS. 9008 40 A. 10008 1 impact statement are made prior to the effective date of this act shall 2 not be subject to the provisions of this act. 3 PART S 4 Section 1. Subdivisions 2 and 3 of section 54-1521 of the environ- 5 mental conservation law, as amended by section 1 of part CCC of chapter 6 55 of the laws of 2021, paragraph a of subdivision 2 and paragraph a of 7 subdivision 3 as amended by section 1 of part CCC of chapter 58 of the 8 laws of 2025, are amended to read as follows: 9 2. a. Until April 1, 2029, the commissioner, in consultation with the 10 New York state energy research and development authority, is authorized 11 to issue rebates until the annual allocation is exhausted to munici- 12 palities toward the cost of any eligible infrastructure projects which 13 support the development of clean vehicles. 14 b. The department, in consultation with the New York state energy 15 research and development authority, shall determine the amount of the 16 rebate for eligible infrastructure projects[, provided that an applicant17for such eligible infrastructure project rebate may receive a maximum18rebate of two hundred fifty thousand dollars per facility, provided19however that infrastructure projects that will maximize access by multi-20ple public users who might otherwise not have access may receive a maxi-21mum of three hundred thousand dollars per facility]. 22 3. a. Until April 1, 2029, the commissioner, in consultation with the 23 New York state energy research and development authority, is authorized 24 to issue rebates until the annual allocation is exhausted to munici- 25 palities toward the cost of eligible purchases of clean vehicles. 26 b. The department, in consultation with the New York state energy 27 research and development authority, shall determine the amount of the 28 rebate taking into consideration the electric range of the vehicle[,29provided that a rebate of an eligible purchase shall be not less than30two thousand five hundred dollars per vehicle and not more than seven31thousand five hundred dollars per vehicle]. 32 § 2. This act shall take effect immediately. 33 PART T 34 Section 1. Section 2 of chapter 584 of the laws of 2011, amending the 35 public authorities law relating to the powers and duties of the dormito- 36 ry authority of the state of New York relative to the establishment of 37 subsidiaries for certain purposes, as amended by section 1 of part V of 38 chapter 58 of the laws of 2024, is amended to read as follows: 39 § 2. This act shall take effect immediately and shall expire and be 40 deemed repealed on July 1, [2026] 2028; provided however, that the expi- 41 ration of this act shall not impair or otherwise affect any of the 42 powers, duties, responsibilities, functions, rights or liabilities of 43 any subsidiary duly created pursuant to subdivision twenty-five of 44 section 1678 of the public authorities law prior to such expiration. 45 § 2. This act shall take effect immediately. 46 PART U 47 Section 1. This Part enacts into law components of legislation relat- 48 ing to the conveyance and use of real property owned and maintained by 49 the state university of New York and the New York state department of 50 transportation. Each component is wholly contained within a SubpartS. 9008 41 A. 10008 1 identified as Subparts A through C. The effective date for each partic- 2 ular provision contained within such Subpart is set forth in the last 3 section of such Subpart. Any provision in any section contained within a 4 Subpart, including the effective date of the Subpart, which makes refer- 5 ence to a section "of this act", when used in connection with that 6 particular component, shall be deemed to mean and refer to the corre- 7 sponding section of the Subpart in which it is found. Section three of 8 this Part sets forth the general effective date of this Part. 9 SUBPART A 10 Section 1. Legislative findings. The legislature finds that the state 11 university of New York at Farmingdale ("Farmingdale") seeks to use 12 approximately 8.7 acres of vacant land on Farmingdale's campus to build 13 multi-purpose facilities to support housing needs and supporting amen- 14 ities, fulfilling a necessary and vital public purpose. The legislature 15 further finds that granting the trustees of the state university of New 16 York ("trustees") the authority and power to lease and otherwise 17 contract to make available grounds and facilities of the Farmingdale 18 campus will ensure such land is utilized for the benefit of Farmingdale, 19 the surrounding community, and the general public. 20 § 2. Notwithstanding any other law to the contrary, the trustees are 21 authorized and empowered, without any public bidding, to lease and 22 otherwise contract to make available to Farmingdale state development 23 corporation, a not-for-profit corporation (the "ground lessee"), a 24 portion of the lands of Farmingdale generally described in this act for 25 the purpose of developing, constructing, maintaining and operating 26 multi-purpose facilities to support housing needs and supporting amen- 27 ities. Such lease or contract shall be for a period not exceeding nine- 28 ty-nine years without any fee simple conveyance and otherwise upon terms 29 and conditions determined by such trustees, subject to the approval of 30 the director of the division of the budget, the attorney general and the 31 state comptroller. In the event that the real property that is the 32 subject of such lease or contract shall cease to be used for the purpose 33 described in this act, such lease or contract shall immediately termi- 34 nate, and the real property and any improvements thereon shall revert to 35 the state university of New York. Any lease or contract entered into 36 pursuant to this act shall provide that the real property that is the 37 subject of such lease or contract and any improvements thereon shall 38 revert to the state university of New York on the expiration of such 39 contract or lease. Any and all proceeds related to the leases authorized 40 by this act shall be used for the benefit of the Farmingdale campus and 41 the allocation of such proceeds shall be subject to approval by the 42 trustees. 43 § 3. Any contract or lease entered into pursuant to this act shall be 44 deemed to be a state contract for purposes of article 15-A of the execu- 45 tive law, and any contractor, subcontractor, lessee or sublessee enter- 46 ing into such contract or lease for the construction, demolition, recon- 47 struction, excavation, rehabilitation, repair, renovation, alteration or 48 improvement authorized pursuant to this act shall be deemed a state 49 agency for the purposes of article 15-A of the executive law and subject 50 to the provisions of such article. 51 § 4. Notwithstanding any general, special or local law or judicial 52 decision to the contrary, all work performed on a project authorized by 53 this act where all or any portion thereof involves a lease or agreement 54 for construction, demolition, reconstruction, excavation, rehabili-S. 9008 42 A. 10008 1 tation, repair, renovation, alteration or improvement shall be subject 2 to and performed in accordance with the provisions of article 8 of the 3 labor law to the same extent and in the same manner as a contract of the 4 state. 5 § 5. Without limiting the determination of the terms and conditions of 6 such contracts or leases, such terms and conditions may provide for 7 leasing, subleasing, construction, reconstruction, rehabilitation, 8 improvement, operation and management of and provision of services and 9 assistance and the granting of licenses, easements and other arrange- 10 ments with regard to such grounds and facilities by Farmingdale state 11 development corporation, and parties contracting with Farmingdale state 12 development corporation, and in connection with such activities, the 13 obtaining of funding or financing, whether public or private, unsecured 14 or secured, including, but not limited to, secured by leasehold mort- 15 gages and assignments of rents and leases, by Farmingdale state develop- 16 ment corporation and parties contracting with Farmingdale state develop- 17 ment corporation for the purposes of completing the project described in 18 this act. 19 § 6. Such lease shall include an indemnity provision whereby the 20 lessee or sublessee promises to indemnify, hold harmless and defend the 21 lessor against all claims, suits, actions, and liability to all persons 22 on the leased premises, including tenant, tenant's agents, contractors, 23 subcontractors, employees, customers, guests, licensees, invitees and 24 members of the public, for damage to any such person's property, whether 25 real or personal, or for personal injuries arising out of tenant's use 26 or occupation of the demised premises. 27 § 7. Any contracts entered into pursuant to this act between the 28 ground lessee and parties contracting with the ground lessee shall be 29 awarded by a competitive process. 30 § 8. The property authorized by this act to be leased to Farmingdale 31 state development corporation is generally described as that parcel of 32 real property with improvements thereon consisting of a total of 8.7 33 acres situated on the campus of the state university of New York at 34 Farmingdale, subject to all existing easements and restrictions of 35 record. The description in this section of the parcel to be made avail- 36 able pursuant to this act is not meant to be a legal description, but is 37 intended only to identify the parcel: 38 The property is situated at the southwest corner of NYS Route 110 and 39 Melville Road. The eastern boundary runs north/south along the western 40 side of NYS Route 110 with approximately 450 feet of frontage. The 41 northern boundary runs along Melville Road for just over 1,000 feet. 42 § 9. The state university of New York shall not lease lands described 43 in this act unless any such lease shall be executed within 5 years of 44 the effective date of this act. 45 § 10. Insofar as the provisions of this act are inconsistent with the 46 provisions of any law, general, special or local, the provisions of this 47 act shall be controlling. 48 § 11. This act shall take effect immediately. 49 SUBPART B 50 Section 1. Legislative findings. The legislature finds that the state 51 university of New York at Stony Brook ("Stony Brook") seeks to use 52 approximately 10 acres of underutilized land on Stony Brook's Southamp- 53 ton campus to build multi-purpose facilities to support housing needs 54 and supporting amenities, fulfilling a necessary and vital publicS. 9008 43 A. 10008 1 purpose. The legislature further finds that granting the trustees of 2 the state university of New York ("trustees") the authority and power to 3 lease and otherwise contract to make available grounds and facilities of 4 Stony Brook's campus will ensure such land is utilized for the benefit 5 of Stony Brook, the surrounding community, and the general public. 6 § 2. Notwithstanding any other law to the contrary, the trustees are 7 authorized and empowered, without any public bidding, to lease and 8 otherwise contract to make available to a ground lessee a portion of the 9 lands of Stony Brook generally described in this act for the purpose of 10 developing, constructing, maintaining and operating multi-purpose facil- 11 ities to support housing needs and supporting amenities. Such lease or 12 contract shall be for a period not exceeding ninety-nine years without 13 any fee simple conveyance and otherwise upon terms and conditions deter- 14 mined by such trustees, subject to the approval of the director of the 15 division of the budget, the attorney general and the state comptroller. 16 In the event that the real property that is the subject of such lease or 17 contract shall cease to be used for the purpose described in this act, 18 such lease or contract shall immediately terminate and the real property 19 and any improvements thereon shall revert to the state university of New 20 York. Any lease or contract entered into pursuant to this act shall 21 provide that the real property that is the subject of such lease or 22 contract and any improvements thereon shall revert to the state univer- 23 sity of New York on the expiration of such contract or lease. Any and 24 all proceeds related to the leases authorized by this act shall be used 25 for the benefit of the Stony Brook campus and the allocation of such 26 proceeds shall be subject to approval by the trustees. 27 § 3. Any contract or lease entered into pursuant to this act shall be 28 deemed to be a state contract for purposes of article 15-A of the execu- 29 tive law, and any contractor, subcontractor, lessee or sublessee enter- 30 ing into such contract or lease for the construction, demolition, recon- 31 struction, excavation, rehabilitation, repair, renovation, alteration or 32 improvement authorized pursuant to this act shall be deemed a state 33 agency for the purposes of article 15-A of the executive law and subject 34 to the provisions of such article. 35 § 4. Notwithstanding any general, special or local law or judicial 36 decision to the contrary, all work performed on a project authorized by 37 this act where all or any portion thereof involves a lease or agreement 38 for construction, demolition, reconstruction, excavation, rehabili- 39 tation, repair, renovation, alteration or improvement shall be subject 40 to and performed in accordance with the provisions of article 8 of the 41 labor law to the same extent and in the same manner as a contract of the 42 state. 43 § 5. Without limiting the determination of the terms and conditions of 44 such contracts or leases, such terms and conditions may provide for 45 leasing, subleasing, construction, reconstruction, rehabilitation, 46 improvement, operation and management of and provision of services and 47 assistance and the granting of licenses, easements and other arrange- 48 ments with regard to such grounds and facilities by the ground lessee, 49 and parties contracting with the ground lessee, and in connection with 50 such activities, the obtaining of funding or financing, whether public 51 or private, unsecured or secured, including, but not limited to, secured 52 by leasehold mortgages and assignments of rents and leases, by the 53 ground lessee and parties contracting with the ground lessee for the 54 purposes of completing the project described in this act. 55 § 6. Such lease shall include an indemnity provision whereby the 56 lessee or sublessee promises to indemnify, hold harmless and defend theS. 9008 44 A. 10008 1 lessor against all claims, suits, actions, and liability to all persons 2 on the leased premises, including tenant, tenant's agents, contractors, 3 subcontractors, employees, customers, guests, licensees, invitees and 4 members of the public, for damage to any such person's property, whether 5 real or personal, or for personal injuries arising out of tenant's use 6 or occupation of the demised premises. 7 § 7. Any contracts entered into pursuant to this act between the 8 ground lessee and parties contracting with the ground lessee shall be 9 awarded by a competitive process. 10 § 8. The property authorized by this act to be leased to the ground 11 lessee is generally described as approximately 10 acres of land situated 12 on the Southampton campus of the state university of New York at Stony 13 Brook, subject to all existing easements and restrictions of record. 14 § 9. The state university of New York shall not lease lands described 15 in this act unless any such lease shall be executed within 5 years of 16 the effective date of this act. 17 § 10. Insofar as the provisions of this act are inconsistent with the 18 provisions of any law, general, special or local, the provisions of this 19 act shall be controlling. 20 § 11. This act shall take effect immediately. 21 SUBPART C 22 Section 1. Notwithstanding the provisions of section 400 of the trans- 23 portation law, or any other provision of law to the contrary, the 24 commissioner of transportation is hereby authorized and empowered to 25 transfer and convey certain state-owned real property, as described in 26 section two of this act, upon such terms and conditions as the commis- 27 sioner may deem appropriate. 28 § 2. The lands authorized by this act to be conveyed consist of two 29 parcels of land in the town of Babylon, Suffolk county, constituting tax 30 map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and 31 generally described as approximately twelve and one-half acres of land 32 located north of Conklin Street and east of Route 110. 33 § 3. The description in section two of this act of the lands to be 34 conveyed is not intended to be a legal description and is intended only 35 to identify the premises to be conveyed. 36 § 4. This act shall take effect immediately. 37 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 38 sion, section, or subpart of this part shall be adjudged by any court of 39 competent jurisdiction to be invalid, such judgment shall not affect, 40 impair, or invalidate the remainder of that subpart or this part, but 41 shall be confined in its operation to the clause, sentence, paragraph, 42 subdivision, section, or subpart directly involved in the controversy in 43 which such judgment shall have been rendered. It is hereby declared to 44 be the intent of the legislature that this part and each subpart herein 45 would have been enacted even if such invalid provisions had not been 46 included herein. 47 § 3. This act shall take effect immediately; provided, however, that 48 the applicable effective date of Subparts A through C of this act shall 49 be as specifically set forth in the last section of such Subparts. 50 PART V 51 Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 52 of the laws of 1968 constituting the New York state urban developmentS. 9008 45 A. 10008 1 corporation act, as amended by section 1 of part EE of chapter 58 of the 2 laws of 2025, is amended to read as follows: 3 3. The provisions of this section shall expire, notwithstanding any 4 inconsistent provision of subdivision 4 of section 469 of chapter 309 of 5 the laws of 1996 or of any other law, on July 1, [2026] 2027. 6 § 2. This act shall take effect immediately. 7 PART W 8 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the 9 New York state urban development corporation act, relating to the powers 10 of the New York state urban development corporation to make loans, as 11 amended by section 1 of part FF of chapter 58 of the laws of 2025, is 12 amended to read as follows: 13 § 2. This act shall take effect immediately provided, however, that 14 section one of this act shall expire on July 1, [2026] 2027, at which 15 time the provisions of subdivision 26 of section 5 of the New York state 16 urban development corporation act shall be deemed repealed; provided, 17 however, that neither the expiration nor the repeal of such subdivision 18 as provided for herein shall be deemed to affect or impair in any manner 19 any loan made pursuant to the authority of such subdivision prior to 20 such expiration and repeal. 21 § 2. This act shall take effect immediately. 22 PART X 23 Section 1. The general business law is amended by adding a new article 24 45-B to read as follows: 25 ARTICLE 45-B 26 DIGITAL CONTENT PROVENANCE ACT 27 Section 1530. Definitions. 28 1531. Synthetic content creations system. 29 1532. Content provenance verification. 30 1533. Exceptions. 31 1534. Enforcement by attorney general. 32 § 1530. Definitions. For the purposes of this article: 33 1. "Provenance data" means data that records the origin, or history of 34 modification of digital content and is communicated as a content creden- 35 tial, which at a minimum includes: (a) information about the origin or 36 creation of the content; (b) subsequent editing or modification to the 37 content or its metadata; and (c) use of a synthetic content creations 38 system in generating or modifying the content. Such information shall be 39 cryptographically bound to the underlying file and use signing creden- 40 tials. A synthetic content creations system provider will be deemed 41 compliant with this subdivision if such content credential is consistent 42 with the Technical Specification for Content Credentials published by 43 the Coalition for Content Provenance and Authenticity, or similar estab- 44 lished standards-setting body. "Provenance data" shall not include 45 personal information as defined in subdivision five of section two 46 hundred two of the state technology law, or unique device, system, or 47 service information that is reasonably capable of being associated with 48 a particular user, including but not limited to an internet protocol 49 address, unless a user chooses to include such personal information in 50 such data described in paragraph (a), (b), or (c) of this subdivision. 51 2. "Generative artificial intelligence system" means a class of arti- 52 ficial intelligence models that emulate the structure and character-S. 9008 46 A. 10008 1 istics of input data to generate derived synthetic content, including, 2 but not limited to, images, videos, audio, text, and other digital 3 content. 4 3. "Synthetic content" means audio or visual content that has been 5 generated or modified by a synthetic content creations system. 6 4. "Synthetic content creations system provider" means an organization 7 or individual that creates, codes, or otherwise produces a synthetic 8 content creations system that is made publicly available for use by New 9 York residents, regardless of whether the terms of such use include 10 compensation. 11 5. "Synthetic content creations system hosting platform" means an 12 online repository or other website that makes a synthetic content 13 creations system available for use by a New York resident, regardless of 14 whether the terms of such use include compensation. Synthetic content 15 creations system hosting platform does not include cloud computing plat- 16 forms or other services that make synthetic content creations systems 17 available for use by a New York state resident solely at the direction 18 of others. 19 6. "Social media platform" shall have the same meaning as in section 20 eleven hundred of this chapter. 21 7. "Covered user" shall mean a user of a large online platform in the 22 state, not acting as an operator, or agent or affiliate of the operator 23 of such large online platform or any portion thereof. 24 8. "Artificial intelligence" or "artificial intelligence technology" 25 means a machine-based system that can, for a given set of human-defined 26 objectives, make predictions, recommendations, or decisions influencing 27 real or virtual environments, and that uses machine- and human-based 28 inputs to perceive real and virtual environments, abstract such percep- 29 tions into models through analysis in an automated manner, and use model 30 inference to formulate options for information or action. 31 9. "AI model" means an information system or a component of an infor- 32 mation system that implements artificial intelligence technology and 33 uses computational, statistical, or machine-learning techniques to 34 produce outputs from a given set of inputs. 35 10. "Synthetic content creations system" means a class of generative 36 artificial intelligence systems capable of generating wholly synthetic 37 content. "Synthetic content creations system" shall not include technol- 38 ogies such as red-eye filters or other technologies that are only capa- 39 ble of making changes to existing audio or visual content. 40 11. "Large online platform" means a social media platform, file-shar- 41 ing platform, mass messaging platform, or stand-alone search engine that 42 distributes content to users who did not create or collaborate in creat- 43 ing the content. A "large online platform" does not include: 44 (a) broadband, broadband service or broadband internet, as defined in 45 paragraph (b) of subdivision two of section sixteen-gg of the urban 46 development corporation act; or 47 (b) a telecommunications service, as defined in section 153 of title 48 47 of the United States code. 49 12. "Mass messaging platform" means a direct messaging platform that 50 allows users to distribute content to more than one hundred users simul- 51 taneously. 52 § 1531. Synthetic content creations system. 1. To the extent it is 53 technically feasible and reasonable, a synthetic content creations 54 system provider shall apply provenance data, either directly or through 55 the use of third-party technology, to synthetic content produced orS. 9008 47 A. 10008 1 modified by a synthetic content creations system that the synthetic 2 content creations system provider makes publicly available. 3 2. The application of provenance data to synthetic content, as 4 required by this section, shall, at a minimum, identify the digital 5 content as synthetic and communicate the following provenance data: 6 (a) that the content was created or modified using artificial intelli- 7 gence; 8 (b) the name of the synthetic content creations system provider; 9 (c) the time and date the provenance data was applied; 10 (d) the type of device, system, or service that was used to generate 11 the image, audio, or video; and 12 (e) the name of the tool used to apply the provenance data. 13 3. Synthetic content creations system hosting platforms shall not make 14 available a synthetic content creations system where the hosting plat- 15 form knows that the synthetic content creations system provider for such 16 system does not apply provenance data to content created or modified by 17 the artificial intelligence system in a manner consistent with specifi- 18 cations set forth in this section, nor shall a synthetic content 19 creations system hosting platform deliberately prevent a synthetic 20 content creations system provider from applying provenance data to 21 content created or modified by a synthetic content creations system in a 22 manner consistent with the specifications set forth in this section. 23 4. The provisions of this section shall only apply to synthetic 24 content creations systems that were created or modified after the effec- 25 tive date of this article. 26 § 1532. Content provenance verification. 1. A synthetic content 27 creations system provider shall, to the extent technically feasible and 28 reasonable, make available a provenance reader tool, whether created by 29 such provider or a third-party, at no cost to a user, that meets all of 30 the following criteria: 31 (a) The provenance reader tool enables a user to assess whether only 32 image, video, or audio content, or content that is any combination ther- 33 eof, was created or modified by the synthetic content creations system 34 provider; 35 (b) The provenance reader tool outputs any provenance data that is 36 detected in the content; 37 (c) The provenance reader tool does not output any personal informa- 38 tion, as defined in subdivision five of section two hundred two of 39 the state technology law, or unique device, system, or service informa- 40 tion that is reasonably capable of being associated with a partic- 41 ular user, that is detected in the content except where users indicate 42 their preference for including personal information, such as by choosing 43 to include it in provenance data manifests; 44 (d) The provenance reader tool is publicly available, provided that a 45 synthetic content creations system provider may impose reasonable limi- 46 tations on access to the tool to prevent, or respond to, demonstrable 47 risks to the security or integrity of its synthetic content creations 48 system or to prevent misuse of the tool for malicious purposes; 49 (e) The provenance reader tool provides an explanation to the user 50 regarding how the tool works, what its limitations are, and how to 51 interpret the results to the extent possible, without undermining its 52 effectiveness; 53 (f) The provenance reader tool allows a user to upload content or 54 provide a uniform resource locator (URL) linking to online content; andS. 9008 48 A. 10008 1 (g) The provenance reader tool supports an application programming 2 interface that allows a user to invoke such tool without visiting the 3 synthetic content creations system provider's website. 4 2. A synthetic content creations system provider shall not collect or 5 retain personal information from users of the provenance reader tool as 6 a condition of using the provenance reader tool. A synthetic content 7 creations system provider may collect and retain the personal informa- 8 tion of a user who opts in to being contacted by such provider for the 9 purposes of submitting feedback to such provider regarding the prove- 10 nance reader tool. 11 3. Any content submitted to the provenance reader tool shall not be 12 retained by the synthetic content creations system provider for longer 13 than is necessary to comply with this article. 14 4. A synthetic content creations system provider shall offer the user 15 the option to include an easily perceived, understood or recognizable 16 manifest disclosure in image, video or audio content or content that is 17 any combination thereof, created or modified by such provider's synthet- 18 ic content creations system that meets the following criteria: 19 (a) The disclosure identifies the content as AI-generated content; 20 (b) The disclosure is clear, conspicuous, appropriate for the medium 21 of the content and is understandable to a reasonable natural person; and 22 (c) The disclosure is permanent or extraordinarily difficult to remove 23 or modify, to the extent technically feasible. 24 5. (a) A large online platform shall not to the extent technically 25 feasible, knowingly delete or disassociate, in whole or in part, prove- 26 nance data from or associated with content uploaded to such platform by 27 a covered user, unless such deletion or disassociation is required by 28 law. Nothing in this article shall be construed as prohibiting users 29 from choosing to include personal information in provenance data from or 30 associated with such uploaded content. 31 (b) A large online platform shall do all of the following, to the 32 extent technically feasible and reasonable: 33 (i) detect whether any provenance data that is compliant with widely 34 adopted specifications adopted by an established standards-setting body 35 is embedded into or attached to content uploaded or distributed on such 36 platform. 37 (ii) provide a provenance reader tool or user interface to disclose 38 the availability of provenance data that reliably indicates that the 39 content was generated or modified by a synthetic content creations 40 system provider. The user interface or provenance reader tool shall make 41 clearly and conspicuously available to a covered user, information that 42 includes but is not limited to the following: 43 (A) whether provenance data is available; 44 (B) the name of the synthetic content creations system provider that 45 created or substantially modified the content, if applicable; and 46 (C) whether any digital signatures are available. 47 (iii) allow a user to inspect provenance data that is embedded into or 48 attached to content uploaded or distributed on such platform where such 49 provenance data is compliant with widely adopted specifications adopted 50 by an established standards-setting body, in an easily accessible manner 51 by any of the following means: 52 (A) directly, through the provenance reader tool or user interface 53 pursuant to subparagraph (ii) of this paragraph; 54 (B) allow a covered user to download a version of the content with its 55 attached provenance data; orS. 9008 49 A. 10008 1 (C) provide a link to the content's provenance data displayed on an 2 internet website or in another application provided by either the large 3 online platform or a third party. 4 § 1533. Exceptions. This article shall not apply to any product, 5 service, internet website, or application that provides exclusively 6 non-user generated video game, television, streaming, movie or interac- 7 tive experiences. 8 § 1534. Enforcement by attorney general. Whenever there shall be a 9 violation of this article, the attorney general shall give written 10 notice to the person or entity violating this section identifying the 11 specific provisions of this article that are or were being violated. The 12 attorney general shall not bring an action under this section where, 13 within thirty days of receiving such written notice, the person or enti- 14 ty cures the violation and provides the attorney general with a written 15 statement confirming the violation was cured, including supporting 16 documentation on how the violation was cured. Where, after receipt of 17 the notice and the expiration of thirty days, the person or entity 18 continues to violate this article or for subsequent violations, an 19 application may be made by the attorney general in the name of the 20 people of the state of New York to a court or justice having jurisdic- 21 tion by a special proceeding to issue an injunction, and upon notice to 22 the defendant of not less than five days, to enjoin and restrain the 23 continuance of such violations; and if it shall appear to the satisfac- 24 tion of the court or justice that the defendant has, in fact, violated 25 this article, an injunction may be issued by such court or justice, 26 enjoining and restraining any further violation, without requiring proof 27 that any person has, in fact, been injured or damaged thereby. In any 28 such proceeding, the court may make allowances to the attorney general 29 as provided in paragraph six of subdivision (a) of section eighty-three 30 hundred three of the civil practice law and rules. Whenever the court 31 shall determine that a violation of this article has occurred, the court 32 may impose a civil penalty of not more than five thousand dollars for 33 each violation. 34 § 3. Severability. If any clause, sentence, paragraph, subdivision, 35 section or part of this act shall be adjudged by any court of competent 36 jurisdiction to be invalid, such judgment shall not affect, impair, or 37 invalidate the remainder thereof, but shall be confined in its operation 38 to the clause, sentence, paragraph, subdivision, section or part thereof 39 directly involved in the controversy in which such judgment shall have 40 been rendered. It is hereby declared to be the intent of the legislature 41 that this act would have been enacted even if such invalid provisions 42 had not been included herein. 43 § 4. This act shall take effect January 1, 2027. 44 PART Y 45 Section 1. Short title. This act shall be known and may be cited as 46 the "Safe by Design Act". 47 § 2. The general business law is amended by adding a new article 45-B 48 to read as follows: 49 ARTICLE 45-B 50 SAFE BY DESIGN ACT 51 Section 1539. Definitions. 52 1540. Privacy by default. 53 1541. Parental approvals.S. 9008 50 A. 10008 1 1542. Prohibition on features that subvert the purposes of this 2 article. 3 1543. Nondiscrimination. 4 1544. Scope. 5 1545. Rulemaking authority. 6 1546. Remedies. 7 § 1539. Definitions. For the purposes of this article, the following 8 terms shall have the following meanings: 9 1. "Connected" and variations thereof shall mean that two users using 10 the covered platform or two accounts on the covered platform are 11 connected to each other by: 12 (a) sending a request to connect to another user or account holder and 13 having the request to connect accepted by the other user or account 14 holder; or 15 (b) receiving a request to connect from another user or account holder 16 and accepting the request to connect. 17 2. "Covered minor" shall mean any user in New York who has been 18 reasonably determined by an operator, via age assurance, as set forth in 19 this article, to be under the age of eighteen. 20 3. "Financial transaction" shall mean a transaction between users 21 involving any type of currency, including digital currency used within a 22 covered platform whether or not it can be converted to money. 23 4. "Operator" shall mean any person, business, or other legal entity 24 who operates or provides a covered platform. 25 5. "Parent" shall mean a parent or legal guardian. 26 6. "Covered platform" shall mean an online platform. 27 7. "Tag" shall mean when a user clearly identifies a second user in 28 posted media. 29 8. "User" shall mean a user of a covered platform not acting as an 30 operator, or agent or affiliate of such operator, of such platform or 31 any portion thereof. 32 9. "Covered user" shall mean a user of a covered platform in New York 33 not acting as an operator, agent or affiliate of such operator, of such 34 platform or of any portion thereof. 35 10. "Money" shall mean a medium of exchange currently authorized or 36 adopted by a domestic or foreign government. 37 11. "Digital currency" shall mean a digital representation of value, 38 recognized only on the covered platform, that is supplied, exchanged and 39 managed pursuant to the policies or rules of such covered platform, and 40 is not accepted or considered a medium of exchange currently authorized 41 or adopted by a domestic or foreign government. 42 12. "AI companion" shall have the same meaning as subdivision four of 43 section seventeen hundred of this chapter. 44 13. "Integrated AI companion" shall mean an AI companion that is an 45 accessible or usable feature of a covered platform. 46 14. "Online platform" shall mean a public or semi-public website, 47 online service, online application, or mobile application that: 48 (a) is used by a covered minor in this state; 49 (b) allows users to construct a public or semi-public profile for the 50 purposes of using such website, service, or application; and 51 (c) offers or provides the following features: 52 (i) a mechanism to allow users to publicly message each other in chat 53 rooms or privately message each other within the website, service or 54 application or through integration with a separate website, service, or 55 application; andS. 9008 51 A. 10008 1 (ii) (A) a mechanism to create or post media that is viewable by other 2 users and a mechanism to respond to such media, including but not limit- 3 ed to, through a landing page or feed that presents the user with media 4 generated by other users; or 5 (B) a mechanism (1) to create games or immersive digital environments 6 for other users and (2) to exchange money for digital currency as well 7 as to exchange digital currency for money. 8 15. "Media" shall mean text, an image or a video. Games and immer- 9 sive digital environments are not media. 10 16. "Age assurance" shall mean any methods to reasonably determine a 11 covered user is not a covered minor, using methods that reasonably 12 prevent against circumvention. Such an age assurance method may include 13 a method that: (a) meets the requirements of article forty-five of this 14 chapter and its implementing regulations, except to ensure an adult 15 cannot pose as a minor, an operator cannot use self-declaration of age 16 or minor status to determine whether a user is a covered minor; or 17 (b) may be identified in regulations promulgated by the attorney 18 general consistent with paragraph (c) of subdivision one of section 19 fifteen hundred forty of this article. 20 § 1540. Privacy by default. 1. (a) No operator shall offer a covered 21 platform in this state without conducting age assurance to reasonably 22 determine whether a user is a covered minor. A covered platform may 23 rely on any prior determination of a user's age or age status completed 24 to comply with other laws or for any other purpose if the determination 25 was made consistent with the definition of age assurance pursuant to 26 subdivision sixteen of section fifteen hundred thirty-nine of this arti- 27 cle for purposes of this requirement. 28 (b) Information collected for the purpose of determining a user's age 29 under this article shall not be used for any purpose other than age 30 determination and shall be deleted immediately after an attempt to 31 determine a user's age, except where necessary for compliance with any 32 applicable provisions of New York state or federal law or regulation. 33 (c) The attorney general may promulgate regulations identifying meth- 34 ods for commercially reasonable age assurance, which may consider the 35 size, financial resources, and technical capabilities of covered plat- 36 forms, the costs and effectiveness of available age determination tech- 37 niques for users of such platforms, the audience of such platforms, and 38 prevalent practices of the industry of the operator. Such regulations 39 shall also identify the appropriate levels of accuracy that would be 40 considered reasonable for operators to achieve in determining whether a 41 user is a covered minor. 42 2. For all users determined by an operator to be a covered minor, such 43 operator shall utilize the following settings by default for covered 44 minors, which shall ensure that no user who is not already connected to 45 a covered minor may: 46 (a) communicate directly and privately with such minor; 47 (b) view or respond to media posted by such minor; 48 (c) tag such minor in posted media; or 49 (d) view the geographic location information of a covered minor if a 50 covered platform provides a mechanism by which users may share their 51 geographic location information with other users on the covered plat- 52 form. 53 3. A parent of a covered minor may override the default privacy 54 settings provided in subdivision two of this section at such parent's 55 discretion. An operator shall allow a parent to override or maintainS. 9008 52 A. 10008 1 each privacy setting provided in subdivision two of this section sepa- 2 rately. 3 4. An operator shall notify a parent of a covered minor whenever such 4 covered minor requests the operator to obtain approval from a covered 5 minor's parent to change the default settings provided in subdivision 6 two of this section. Such notice shall include a statement that informs 7 the parent that they are changing a default setting required under New 8 York law. The parent may then either approve or deny the request to 9 change the settings for such minor. 10 5. A request by a user to connect with a covered minor may be sent 11 simultaneously with a request by such user to directly message such 12 covered minor. A request by a covered minor to connect with a user may 13 be sent simultaneously with a request by such covered minor to directly 14 message such user. 15 6. (a) An operator shall, by default, disable the access or use of any 16 integrated AI companion for covered minors. 17 (b) A parent of a covered minor may override the default disabled 18 access or use of an integrated AI companion, provided in subdivision one 19 of this section, at such parent's discretion. An operator shall allow a 20 parent to override or maintain the setting provided for in subdivision 21 one separately from any other mechanisms to override other default 22 settings. 23 (c) An operator shall notify a parent of a covered minor whenever such 24 minor requests that the operator get approval from a covered minor's 25 parent to change the default setting provided in subdivision one of this 26 section. This notice shall include a statement that informs the parent 27 that they are changing a default setting required under New York law. 28 The parent may either approve or deny the request to change such setting 29 for such minor. 30 § 1541. Parental approvals. 1. For all covered minors under the age of 31 thirteen, an operator shall require the parent of such covered minor to 32 approve all new connections with such covered minor before such covered 33 minor's and such other user's or such other's accounts may be connected. 34 For covered minors under the age of thirteen, an operator shall also 35 establish a mechanism by which a parent of such minor may easily view 36 the list of all users or accounts currently connected with the account 37 of the minor. 38 2. (a) For all covered minors, an operator shall establish a mechanism 39 that either: (i) enables the parent of such minor to set a monthly limit 40 on the spending of money, whether by charging a credit card or other 41 means, in connection with the direct or indirect purchase or acquisition 42 of anything on or via the covered platform, including but not limited to 43 digital currency, relating to such covered minor's account and where the 44 amount of such limit is set at the parent's discretion; or 45 (ii) enables the parent of such minor to opt out of setting such 46 limits. 47 (b) An operator may establish a mechanism to enable the covered minor 48 to request that the parent of such covered minor approve the further 49 expenditure of money, such as charging the credit card associated with 50 such covered minor's account, once the limit set forth in subparagraph 51 (i) of paragraph (a) of this subdivision is reached. In such an 52 instance, such parent shall approve the request before any such charges 53 may be processed by the operator. 54 (c) Such operator shall further establish a mechanism by which a 55 parent of a covered minor may easily view a history of all financial 56 transactions relating to such covered minor's account at any time, whichS. 9008 53 A. 10008 1 at a minimum, identifies the users involved in each such transaction, in 2 addition to the covered minor, as well as the amounts of money or 3 digital currency associated with each transaction. 4 § 1542. Prohibition on features that subvert the purposes of this 5 article. It shall be unlawful for a covered platform to deploy any 6 mechanism or design feature which has the effect of inhibiting the 7 purpose of this article. 8 § 1543. Nondiscrimination. An operator shall not withhold, degrade, 9 lower the quality of, or increase the price of any product, service, or 10 feature of a covered platform, other than as necessary for compliance 11 with the provisions of this article or any rules or regulations promul- 12 gated pursuant to this article, to a user due to such operator being 13 required to establish the settings and approvals provided in sections 14 fifteen hundred forty and fifteen hundred forty-one of this article. 15 § 1544. Scope. 1. This article shall apply to conduct that occurs in 16 whole or in part in New York. For purposes of this article, conduct 17 takes place wholly outside of New York if the covered platform is 18 accessed by a user who is physically located outside of New York. 19 2. Nothing in this article shall be construed to impose liability for 20 commercial activities or actions by operators subject to 15 U.S.C. § 21 6501 that is inconsistent with the treatment of such activities or 22 actions under 15 U.S.C. § 6502. 23 § 1545. Rulemaking authority. The attorney general may promulgate such 24 rules and regulations as are necessary to effectuate and enforce the 25 provisions of this article. 26 § 1546. Remedies. 1. On or after the effective date of this article, 27 whenever it appears to the attorney general, upon complaint or other- 28 wise, that any person, within or outside the state, has violated the 29 provisions of this article, the attorney general may bring an action or 30 special proceeding in the name and on behalf of the people of the state 31 of New York to enjoin any such violation, to obtain restitution of any 32 moneys or property obtained directly or indirectly by any such 33 violation, to obtain disgorgement of any profits or gains obtained 34 directly or indirectly by any such violation, to obtain damages caused 35 directly or indirectly by any such violation, to obtain civil penalties 36 of up to five thousand dollars per violation, and to obtain any such 37 other and further relief as the court may deem proper, including prelim- 38 inary relief. 39 2. The attorney general shall maintain a website to receive 40 complaints, information, and/or referrals from members of the public 41 concerning an operator's or covered platform's alleged compliance or 42 noncompliance with the provisions of this article. 43 § 3. Severability. If any clause, sentence, paragraph, subdivision, 44 section or part of this act shall be adjudged by any court of competent 45 jurisdiction to be invalid, such judgment shall not affect, impair, or 46 invalidate the remainder thereof, but shall be confined in its operation 47 to the clause, sentence, paragraph, subdivision, section or part thereof 48 directly involved in the controversy in which such judgment shall have 49 been rendered. It is hereby declared to be the intent of the legislature 50 that this act would have been enacted even if such invalid provisions 51 had not been included herein. 52 § 4. This act shall take effect January 1, 2027. Effective immediate- 53 ly, the addition, amendment and/or repeal of any rule or regulation 54 necessary for the implementation of this act on its effective date are 55 authorized to be made and completed on or before such effective date.S. 9008 54 A. 10008 1 PART Z 2 Section 1. The general business law is amended by adding a new section 3 349-i to read as follows: 4 § 349-i. Advertising former prices. 1. No retail seller shall knowing- 5 ly advertise a reduction in the price of a product from such seller's 6 own former price, unless such former price is the actual, bona fide 7 price of the product for which the retail seller offered to the public, 8 openly and in good faith. For the purposes of this section, the follow- 9 ing non-exhaustive factors may be considered in determining whether such 10 former price is an actual, bona fide price: 11 a. Whether the former price exceeds the retail seller's usual and 12 customary retail mark-up for similar merchandise; 13 b. Whether the former price is the price at which or above which 14 substantial sales were made in the regular course of business; 15 c. Whether the former price was openly offered to the public on a 16 regular basis, for a reasonably substantial period of time, within the 17 regular course of business; 18 d. Whether the former price was openly offered to the public on a 19 regular basis, in the recent, regular course of business; 20 e. Whether the former price was not used in the recent past but at 21 some remote period in the past, without making disclosure of that fact; 22 or 23 f. Whether the former price was not openly offered to the public, or 24 was not maintained for a reasonable length of time, but was immediately 25 reduced. 26 2. Any violation of subdivision one of this section shall constitute a 27 deceptive act or deceptive practice within the meaning of section three 28 hundred forty-nine of this article. 29 § 2. This act shall take effect immediately. 30 PART AA 31 Section 1. Short title. This act shall be known and may be cited as 32 the "data broker accountability act". 33 § 2. The general business law is amended by adding a new article 48 to 34 read as follows: 35 ARTICLE 48 36 DATA BROKER ACCOUNTABILITY ACT 37 Section 1800. Definitions. 38 1801. Data broker registration. 39 1802. Data broker registration and deletion portal. 40 1803. Consumer deletion requests. 41 1804. Accessible deletion request mechanism for consumers. 42 1805. Data broker website disclosure requirements. 43 1806. Rulemaking. 44 1807. Powers, duties and adjudicatory proceedings. 45 1808. Statute of limitations. 46 1809. Enforcement. 47 1810. Assessments. 48 1811. Exemptions. 49 § 1800. Definitions. For purposes of this article, the following defi- 50 nitions shall have the following meanings: 51 1. "Advertising and marketing" means a communication by a business or 52 a person acting on such business' behalf in any medium intended to 53 induce a consumer to obtain goods, services, or employment.S. 9008 55 A. 10008 1 2. "Aggregate consumer information" means information that relates to 2 a group or category of consumers, from which individual consumer identi- 3 ties have been removed, that is not linked or reasonably linkable to any 4 consumer or household, including via a device. The term "aggregate 5 consumer information" shall not include one or more individual consumer 6 records that have been deidentified. 7 3. "Biometric information" means an individual's physiological, 8 biological, or behavioral characteristics, including information 9 pertaining to an individual's deoxyribonucleic acid (DNA), that is used 10 or is intended to be used singly or in combination with each other or 11 with other identifying data, to establish individual identity. The term 12 "biometric information" includes, but is not limited to, imagery of the 13 iris, retina, fingerprint, face, hand, palm, vein patterns, and voice 14 recordings, from which an identifier template, such as a faceprint, a 15 minutiae template, or a voiceprint, can be extracted, and keystroke 16 patterns or rhythms, gait patterns or rhythms, and sleep, health, or 17 exercise data that contain identifying information. 18 4. "Business" means: 19 (a) A sole proprietorship, partnership, limited liability company, 20 corporation, association, or other legal entity that is organized or 21 operated for the profit or financial benefit of its shareholders or 22 other owners, that collects consumers' personal information, or on the 23 behalf of which such information is collected and that alone, or jointly 24 with others, determines the purposes and means of the processing of 25 consumers' personal information, that does business in the state of New 26 York, and that satisfies one or more of the following thresholds: 27 (i) as of January first of the relevant calendar year, had annual 28 gross revenues in excess of twenty-five million dollars in the preceding 29 calendar year; 30 (ii) alone or in combination, annually buys, sells, or shares the 31 personal information of one hundred thousand or more consumers or house- 32 holds; or 33 (iii) derives fifty percent or more of its annual revenues from sell- 34 ing or sharing consumers' personal information; 35 (b) (i) Any entity that controls or is controlled by a business, as 36 defined in paragraph (a) of this subdivision, and that shares common 37 branding with such business and with whom such business shares consum- 38 ers' personal information. 39 (ii) For the purposes of this paragraph, the following terms shall 40 have the following meanings: 41 (1) "Control" or "controlled" means ownership of, or the power to 42 vote, more than fifty percent of the outstanding shares of any class of 43 voting security of a business; control in any manner over the election 44 of a majority of the directors, or of individuals exercising similar 45 functions; or the power to exercise a controlling influence over the 46 management of a company; 47 (2) "Common branding" means a shared name, service mark, or trademark 48 that the average consumer would understand that two or more entities are 49 commonly owned; 50 (c) A joint venture or partnership composed of businesses in which 51 each business has at least a forty percent interest. For purposes of 52 this article, the joint venture or partnership and each business that 53 composes the joint venture or partnership shall separately be considered 54 a single business, except that personal information in the possession of 55 each business and disclosed to the joint venture or partnership shall 56 not be shared with the other business; orS. 9008 56 A. 10008 1 (d) A person that does business in New York, that is not covered by 2 paragraph (a), (b), or (c) of this subdivision, and that voluntarily 3 certifies to the office that it is in compliance with, and agrees to be 4 bound by, this article. 5 5. "Business purpose" means the use of personal information for the 6 business' operational purposes, or other notified purposes, or for the 7 service provider or contractor's operational purposes, as further 8 defined by regulations promulgated by the office, provided that the use 9 of personal information shall be reasonably necessary and proportionate 10 to achieve the purpose for which the personal information was collected 11 or processed or for another purpose that is compatible with the context 12 in which the personal information was collected. The term "business 13 purposes" shall include, but not be limited to: 14 (a) auditing related to counting ad impressions to unique visitors, 15 verifying positioning and quality of ad impressions, and auditing 16 compliance with this specification and other standards; 17 (b) helping to ensure security and integrity to the extent the use of 18 the consumer's personal information is reasonably necessary and propor- 19 tionate for these purposes; 20 (c) debugging to identify and repair errors that impair existing 21 intended functionality; 22 (d) short-term, transient use, including, but not limited to, non-per- 23 sonalized advertising shown as part of a consumer's current interaction 24 with the business, provided that the consumer's personal information is 25 not disclosed to another third party and is not used to build a profile 26 about the consumer or otherwise alter the consumer's experience outside 27 the current interaction with the business; 28 (e) performing services on behalf of the business, including maintain- 29 ing or servicing accounts, providing customer service, processing or 30 fulfilling orders and transactions, verifying customer information, 31 processing payments, providing financing, providing analytic services, 32 providing storage, or providing similar services on behalf of the busi- 33 ness; 34 (f) providing advertising and marketing services, except for cross- 35 context behavioral advertising, to the consumer provided that, for the 36 purpose of advertising and marketing, a service provider or contractor 37 shall not combine the personal information of opted-out consumers that 38 the service provider or contractor receives from, or on behalf of, the 39 business with personal information that the service provider or contrac- 40 tor receives from, or on behalf of, another person or persons or 41 collects from its own interaction with consumers; 42 (g) undertaking internal research for technological development and 43 demonstration; or 44 (h) undertaking activities to verify or maintain the quality or safety 45 of a service or device that is owned, manufactured, manufactured for, or 46 controlled by the business, and to improve, upgrade, or enhance the 47 service or device that is owned, manufactured, manufactured for, or 48 controlled by the business. 49 6. "Collects", "collected", or "collection" means buying, renting, 50 gathering, obtaining, receiving, or accessing any personal information 51 pertaining to a consumer by any means, including but not limited to, 52 receiving information from the consumer, either actively or passively, 53 or by observing the consumer's behavior. 54 7. "Consent" means any freely given, specific, informed, and unambig- 55 uous indication of a consumer's wishes by which such consumer, or such 56 consumer's legal guardian, a person who has power of attorney, or aS. 9008 57 A. 10008 1 person acting as a conservator for such consumer, including by a state- 2 ment or by a clear affirmative action, signifies agreement to the proc- 3 essing of personal information relating to such consumer for a narrowly 4 defined particular purpose. Acceptance of a general or broad terms of 5 use, or similar document, that contains descriptions of personal infor- 6 mation processing along with other, unrelated information, shall not 7 constitute consent. Hovering over, muting, pausing, or closing a given 8 piece of content shall not constitute consent. Agreement obtained 9 through use of dark patterns shall not constitute consent. 10 8. "Consumer" means a natural person who is an individual who is in 11 New York state for other than a temporary or transitory purpose, and 12 every individual who is domiciled in New York state who is outside the 13 state for a temporary or transitory purpose. 14 9. "Contractor" means a person to whom a business makes available a 15 consumer's personal information for a business purpose, pursuant to a 16 written contract with such business, provided that such contract: 17 (a) prohibits the contractor from: 18 (i) selling or sharing such personal information; 19 (ii) retaining, using, or disclosing such personal information for any 20 purpose other than for the business purposes specified in such contract, 21 including retaining, using, or disclosing such personal information for 22 a commercial purpose other than the business purposes specified in such 23 contract, or as otherwise permitted by this article; 24 (iii) retaining, using, or disclosing such personal information 25 outside of the direct business relationship between the contractor and 26 such business; 27 (iv) combining such personal information that the contractor receives 28 pursuant to a written contract with such business with personal informa- 29 tion that it receives from or on behalf of another person or persons, or 30 collects from its own interaction with the consumer, provided that such 31 contractor may combine personal information to perform any business 32 purpose as defined in regulations adopted by the office; 33 (b) includes a certification made by the contractor that the contrac- 34 tor understands the restrictions provided for in accordance with para- 35 graph (a) of this subdivision and will comply with them; 36 (c) permits, subject to agreement with the contractor, the business to 37 monitor the contractor's compliance with the contract through measures, 38 including, but not limited to, ongoing manual reviews and automated 39 scans and regular assessments, audits, or other technical and opera- 40 tional testing at least once every twelve months; and 41 (d) provides that if the contractor engages any other person to assist 42 it in processing personal information for a business purpose on behalf 43 of such business, or if any other person engaged by such contractor 44 engages another person to assist in processing personal information for 45 such business purpose, it shall notify such business of such engagement, 46 and such engagement shall be pursuant to a written contract binding such 47 other person to observe all the requirements set forth in this subdivi- 48 sion. 49 10. "Cross-context behavioral advertising" means the targeting of 50 advertising and marketing to a consumer based on such consumer's 51 personal information obtained from such consumer's activity across busi- 52 nesses, distinctly branded internet websites, applications, or services, 53 other than the business, distinctly branded internet website, applica- 54 tion, or service with which such consumer intentionally interacts.S. 9008 58 A. 10008 1 11. (a) "Data broker" means a business that knowingly collects and 2 sells to third parties the personal information of a consumer with whom 3 such business either: 4 (i) does not have a direct relationship; and/or 5 (ii) does not have a direct relationship with such consumer as to 6 personal information it sells about such consumer that it collected 7 outside of a consumer-facing business with which the consumer intends 8 and expects to interact. 9 (b) The term "data broker" shall not include any of the following: 10 (i) an entity to the extent that it is covered by the federal Fair 11 Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.); 12 (ii) an entity to the extent that it is covered by the Gramm-Leach- 13 Bliley Act (Public Law 106-102) and implementing regulations; 14 (iii) a federal, state, tribal, territorial, or local governmental 15 entity, including a body, authority, board, bureau, commission, 16 district, agency, or political subdivision of a governmental entity; 17 (iv) an entity that serves as a congressionally designated nonprofit, 18 national resource center, or clearinghouse to provide assistance to 19 victims, families, child-serving professionals, and the general public 20 on missing and exploited children issues; or 21 (v) an entity to the extent it is covered by section eighteen hundred 22 eleven of this article. 23 12. "Dark pattern" means a user interface designed or manipulated with 24 the substantial effect of subverting or impairing user autonomy, deci- 25 sion making, or choice, as further defined by regulation issued by the 26 office. 27 13. "Deidentified" means information that cannot reasonably be used to 28 infer information about, or otherwise be linked to, a particular consum- 29 er provided that the business that possesses such information: 30 (a) takes reasonable measures to ensure that such information cannot 31 be associated with a consumer or household; 32 (b) publicly commits to maintain and use such information in deidenti- 33 fied form and not to attempt to reidentify such information, except that 34 such business may attempt to reidentify such information solely for the 35 purpose of determining whether its deidentification processes satisfy 36 the requirements of this subdivision; and 37 (c) contractually obligates any recipients of such information to 38 comply with all provisions of this subdivision. 39 14. "Designated methods for submitting requests" means a mailing 40 address, email address, internet web page, internet web portal, toll- 41 free telephone number, or other applicable contact information, whereby 42 consumers may submit a request or direction under this article, and any 43 new, consumer-friendly means of contacting a business, as approved in 44 writing by the office. 45 15. "Developer of a GenAI system" means a person, partnership, corpo- 46 ration, firm, organization or other entity that designs, codes, produc- 47 es, trains or substantially modifies a GenAI system. 48 16. "Device" means any physical object that is capable of connecting 49 to the internet, directly or indirectly, or to another device. 50 17. "Foreign actor" means either of the following: 51 (a) the government of a covered nation as defined in Section 4872 of 52 Title 10 of the United States Code; or 53 (b) a partnership, association, corporation, organization, or other 54 combination of persons organized under the laws of or having its princi- 55 pal place of business in a covered nation as defined in Section 4872 of 56 Title 10 of the United States Code.S. 9008 59 A. 10008 1 18. "Generative artificial intelligence system" or "GenAI system" 2 means an artificial intelligence that can generate derived synthetic 3 content, including text, images, video, and audio, that emulates the 4 structure and characteristics of the system's training data. 5 19. "Homepage" means the introductory page of an internet website and 6 any internet web page where personal information is collected. In the 7 case of an online service, such as a mobile application, the term "home- 8 page" means such application's platform page or download page, a link 9 within such application, such as from the application configuration, 10 "About", "Information", or settings page, and any other location that 11 allows consumers to review the notices required by this article, includ- 12 ing, but not limited to, before downloading such application. 13 20. "Household" means a group, however identified, of consumers who 14 cohabitate with one another at the same residential address and share 15 use of common devices or services. 16 21. "Infer" or "inference" means the derivation of information, data, 17 assumptions, or conclusions from facts, evidence, or another source of 18 information or data. 19 22. "Intentionally interacts" means when a consumer intends to inter- 20 act with a person, or disclose personal information to a person, via one 21 or more deliberate interactions, including visiting such person's inter- 22 net website or purchasing a good or service from such person. Hovering 23 over, muting, pausing, or closing a given piece of content shall not 24 constitute a consumer's intent to interact with a person. 25 23. "Non-personalized advertising" means advertising and marketing 26 that is based solely on a consumer's personal information derived from 27 such consumer's current interaction with the business with the exception 28 of such consumer's precise geolocation. 29 24. "Person" means an individual, proprietorship, firm, partnership, 30 joint venture, syndicate, business trust, company, corporation, limited 31 liability company, association, committee, and any other organization or 32 group of persons acting in concert. 33 25. (a) "Personal information" means information, however maintained, 34 that identifies, relates to, describes, is reasonably capable of being 35 associated with, or could reasonably be linked, directly or indirectly, 36 with a particular consumer or household, including, but not limited to, 37 the following: 38 (i) identifiers such as a real name, alias, postal address, unique 39 personal identifier, online identifier, internet protocol address, email 40 address, account name, social security number, driver's license number, 41 passport number, or other similar identifiers; 42 (ii) any information that identifies, relates to, describes, or is 43 capable of being associated with, a particular individual, including, 44 but not limited to, such individual's name, signature, social security 45 number, physical characteristics or description, address, telephone 46 number, passport number, driver's license or state identification card 47 number, insurance policy number, education, employment, employment 48 history, bank account number, credit card number, debit card number, or 49 any other financial information, medical information, or health insur- 50 ance information; 51 (iii) characteristics of protected classifications under New York or 52 federal law; 53 (iv) commercial information, including records of personal property, 54 products or services purchased, obtained, or considered, or other 55 purchasing or consuming histories or tendencies; 56 (v) biometric information;S. 9008 60 A. 10008 1 (vi) internet or other electronic network activity information, 2 including, but not limited to, browsing history, search history, and 3 information regarding a consumer's interaction with an internet website 4 application, or advertisement; 5 (vii) geolocation data; 6 (viii) audio, electronic, visual, thermal, olfactory, or similar 7 information; 8 (ix) professional or employment-related information; 9 (x) education information, defined as information that is not publicly 10 available personally identifiable information as defined in the Family 11 Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 12 99); 13 (xi) inferences drawn from any of the information identified in this 14 subdivision to create a profile about a consumer reflecting such consum- 15 er's preferences, characteristics, psychological trends, predisposi- 16 tions, behavior, attitudes, intelligence, abilities, and aptitudes; and 17 (xii) sensitive personal information; 18 (b) The term "personal information" shall not include publicly avail- 19 able information or lawfully obtained, truthful information that is a 20 matter of public concern. For purposes of this paragraph, "publicly 21 available" means any of the following: 22 (i) information that is lawfully made available from federal, state, 23 or local government records; 24 (ii) information that a business has a reasonable basis to believe is 25 lawfully made available to the general public by the consumer or from 26 widely distributed media; or 27 (iii) information made available by a person to whom the consumer has 28 disclosed such information if such consumer has not restricted such 29 information to a specific audience. 30 (c) The term "publicly available" shall not mean biometric information 31 collected by a business about a consumer without such consumer's know- 32 ledge. 33 (d) The term "personal information" shall not include consumer infor- 34 mation that is deidentified or aggregate consumer information. 35 (e) The term "personal information" may exist in various formats, 36 including, but not limited to, all of the following: 37 (i) physical formats, including paper documents, printed images, vinyl 38 records, or video tapes; 39 (ii) digital formats, including text, image, audio, or video files; or 40 (iii) abstract digital formats, including compressed or encrypted 41 files, metadata, or artificial intelligence systems that are capable of 42 outputting personal information. 43 26. "Precise geolocation" means any data that is derived from a device 44 and that is used or intended to be used to locate a consumer within a 45 geographic area that is equal to or less than the area of a circle with 46 a radius of eighteen hundred fifty feet, except as prescribed by regu- 47 lations. 48 27. "Probabilistic identifier" means the identification of a consumer 49 or such consumer's device to a degree of certainty of more probable than 50 not based on any categories of personal information included in, or 51 similar to, the categories enumerated in the definition of personal 52 information under subdivision twenty-five of this section. 53 28. "Processing" means any operation or set of operations that are 54 performed on personal information or on sets of personal information, 55 whether or not by automated means.S. 9008 61 A. 10008 1 29. "Profiling" means any form of automated processing of personal 2 information, as further defined by any regulations issued by the office, 3 to evaluate certain personal aspects relating to a natural person and, 4 in particular, to analyze or predict aspects concerning such natural 5 person's performance at work, economic situation, health, personal pref- 6 erences, interests, reliability, behavior, location, or movements. 7 30. "Pseudonymize" or "pseudonymization" means the processing of 8 personal information in a manner that renders such personal information 9 no longer attributable to a specific consumer without the use of addi- 10 tional information, provided that such additional information is kept 11 separately and is subject to technical and organizational measures to 12 ensure that such personal information is not attributed to an identified 13 or identifiable consumer. 14 31. "Reproductive health care data" means any of the following: 15 (a) information about a consumer searching for, accessing, procuring, 16 using, or otherwise interacting with goods or services associated with 17 the human reproductive system, which includes goods such as contracep- 18 tion including but not limited to condoms or birth-control pills, pre- 19 natal and fertility vitamins and supplements, menstrual-tracking apps, 20 and hormone-replacement therapy, and shall further include, but not be 21 limited to, services such as sperm- and egg-freezing, In Vitro Fertili- 22 zation, abortion care, vasectomies, sexual health counseling; treatment 23 or counseling for sexually transmitted infections, erectile dysfunction, 24 and reproductive tract infections; and precise geolocation information 25 about such treatments; or 26 (b) information about a consumer's sexual history and family planning, 27 which includes information such consumer inputs into a dating app about 28 their history of sexually transmitted infections or desire to have chil- 29 dren that is considered sexual history and family planning information. 30 32. "Research" means scientific analysis, systematic study, and obser- 31 vation, including basic research or applied research that is designed to 32 develop or contribute to public or scientific knowledge and that adheres 33 or otherwise conforms to all other applicable ethics and privacy laws, 34 including, but not limited to, studies conducted in the public interest 35 in the area of public health. Research with personal information that 36 may have been collected from a consumer in the course of the consumer's 37 interactions with a business' service or device for other purposes shall 38 be: 39 (a) compatible with the business purpose for which the personal infor- 40 mation was collected; 41 (b) subsequently pseudonymized and deidentified, or deidentified and 42 in the aggregate, such that the information cannot reasonably identify, 43 relate to, describe, be capable of being associated with, or be linked, 44 directly or indirectly, to a particular consumer, by a business; 45 (c) made subject to technical safeguards that prohibit reidentifica- 46 tion of the consumer to whom the information may pertain, other than as 47 needed to support the research; 48 (d) subject to business processes that specifically prohibit reiden- 49 tification of the information, other than as needed to support the 50 research; 51 (e) made subject to business processes to prevent inadvertent release 52 of deidentified information; 53 (f) protected from any reidentification attempts; 54 (g) used solely for research purposes that are compatible with the 55 context in which the personal information was collected; andS. 9008 62 A. 10008 1 (h) subjected by the business conducting the research to additional 2 security controls that limit access to the research data to only those 3 individuals as are necessary to carry out the research purpose. 4 33. "Security and integrity" means the ability of: 5 (a) networks or information systems to detect security incidents that 6 compromise the availability, authenticity, integrity, and confidentiali- 7 ty of stored or transmitted personal information; 8 (b) businesses to detect security incidents, resist malicious, decep- 9 tive, fraudulent, or illegal actions and to help prosecute those respon- 10 sible for those actions; or 11 (c) businesses to ensure the physical safety of natural persons. 12 34. (a) "Sell", "selling", "sale", or "sold" means selling, renting, 13 releasing, disclosing, disseminating, making available, transferring, or 14 otherwise communicating orally, in writing, or by electronic or other 15 means, a consumer's personal information by a business to a third party 16 for monetary or other valuable consideration. 17 (b) For purposes of this article, a business shall not be deemed to 18 sell personal information when: 19 (i) a consumer uses or directs such business to intentionally: 20 (1) disclose personal information; or 21 (2) interact with one or more third parties; 22 (ii) such business uses or shares an identifier for a consumer who has 23 opted out of the sale of such consumer's personal information or limited 24 the use of such consumer's sensitive personal information for the 25 purposes of alerting persons to or for whom such consumer has opted out 26 of the sale of such consumer's personal information or limited the use 27 of such consumer's sensitive personal information; or 28 (iii) such business transfers to a third party the personal informa- 29 tion of a consumer as an asset that is part of a merger, acquisition, 30 bankruptcy, or other transaction in which such third party assumes 31 control of all or part of such business, provided that such information 32 is used or shared consistently with this article. If a third party mate- 33 rially alters how it uses or shares the personal information of a 34 consumer in a manner that is materially inconsistent with the promises 35 made at the time of collection, it shall provide prior notice of the new 36 or changed practice to such consumer. Such notice shall be sufficiently 37 prominent and robust to ensure that existing consumers can easily exer- 38 cise their choices consistently with this article. This subparagraph 39 shall not authorize a business to make material, retroactive privacy 40 policy changes or make other changes in their privacy policy in a manner 41 that would violate section three hundred forty-nine of this chapter. 42 35. (a) "Sensitive personal information" means: 43 (i) personal information that reveals: 44 (1) a consumer's social security, driver's license, state identifica- 45 tion card, or passport number; 46 (2) a consumer's account log-in, financial account, debit card, or 47 credit card number in combination with any required security or access 48 code, password, or credentials allowing access to an account; 49 (3) a consumer's precise geolocation; 50 (4) a consumer's racial or ethnic origin, citizenship or immigration 51 status, religious or philosophical beliefs, or union membership; 52 (5) the contents of a consumer's mail, email, and text messages unless 53 the business is the intended recipient of the communication; 54 (6) a consumer's genetic data; orS. 9008 63 A. 10008 1 (7) a consumer's neural data, meaning information that is generated by 2 measuring the activity of such consumer's central or peripheral nervous 3 system, and that is not inferred from nonneural information; or 4 (ii) the processing of biometric information for the purpose of 5 uniquely identifying a consumer, including but not limited to: 6 (1) personal information collected and analyzed concerning a consum- 7 er's health; or 8 (2) personal information collected and analyzed concerning a consum- 9 er's sex life or sexual orientation. 10 (b) Sensitive personal information that is publicly available, as 11 defined in subdivision twenty-five of this section, shall not be consid- 12 ered "sensitive personal information" or "personal information" for the 13 purposes of this article. 14 36. "Service" or "services" means work, labor, and services, including 15 services furnished in connection with the sale or repair of goods. 16 37. (a) "Service provider" means a person that processes personal 17 information on behalf of a business and that receives from or on behalf 18 of such business consumer's personal information for a business purpose 19 pursuant to a written contract, provided that such contract prohibits 20 such person from: 21 (i) selling or sharing such personal information; 22 (ii) retaining, using, or disclosing such personal information for any 23 purpose other than for the business purposes specified in the contract 24 for such business, including retaining, using, or disclosing such 25 personal information for a commercial purpose other than the business 26 purposes specified in the contract with such business, or as otherwise 27 permitted by this article; 28 (iii) retaining, using, or disclosing the information outside of the 29 direct business relationship between the service provider and such busi- 30 ness; or 31 (iv) combining such personal information that the service provider 32 receives from, or on behalf of, such business with personal information 33 that it receives from, or on behalf of, another person or persons, or 34 collects from its own interaction with the consumer, provided that the 35 service provider may combine personal information to perform any busi- 36 ness purpose as may be further defined in regulations promulgated by the 37 office. Such contract may, subject to agreement with the service provid- 38 er, permit the business to monitor such service provider's compliance 39 with such contract through measures, including, but not limited to, 40 ongoing manual reviews and automated scans and regular assessments, 41 audits, or other technical and operational testing at least once every 42 twelve months. 43 (b) If a service provider engages any other person to assist it in 44 processing personal information for a business purpose on behalf of the 45 business, or if any other person engaged by such service provider 46 engages another person to assist in processing personal information for 47 such business purpose, it shall notify such business of such engagement, 48 and such engagement shall be pursuant to a written contract binding such 49 other person to observe all the requirements set forth in paragraph (a) 50 of this subdivision. 51 38. (a) "Share", "shared", or "sharing" means sharing, renting, 52 releasing, disclosing, disseminating, making available, transferring, or 53 otherwise communicating orally, in writing, or by electronic or other 54 means, a consumer's personal information by a business to a third party 55 for cross-context behavioral advertising, whether or not for monetary or 56 other valuable consideration, including transactions between a businessS. 9008 64 A. 10008 1 and a third party for cross-context behavioral advertising for the bene- 2 fit of a business in which no money is exchanged. 3 (b) For purposes of this article, a business shall not be deemed to 4 share personal information when: 5 (i) a consumer uses or directs such business to intentionally disclose 6 personal information or intentionally interact with one or more third 7 parties; 8 (ii) such business uses or shares an identifier for a consumer who has 9 opted out of the sharing of such consumer's personal information or 10 limited the use of such consumer's sensitive personal information for 11 the purposes of alerting persons to or for whom such consumer has opted 12 out of the sharing of such consumer's personal information or limited 13 the use of such consumer's sensitive personal information; or 14 (iii) such business transfers to a third party the personal informa- 15 tion of a consumer as an asset that is part of a merger, acquisition, 16 bankruptcy, or other transaction in which such third party assumes 17 control of all or part of such business, provided that such information 18 is used or shared consistently with this article. If a third party mate- 19 rially alters how it uses or shares the personal information of a 20 consumer in a manner that is materially inconsistent with the promises 21 made at the time of collection, it shall provide prior notice of the new 22 or changed practice to such consumer. Such notice shall be sufficiently 23 prominent and robust to ensure that existing consumers can easily exer- 24 cise their choices consistently with this article. This subparagraph 25 shall not authorize a business to make material, retroactive privacy 26 policy changes or make other changes in their privacy policy in a manner 27 that would violate section three hundred forty-eight of this chapter. 28 39. "Third party" means a person who is not any of the following: 29 (a) the business with whom a consumer intentionally interacts and that 30 collects personal information from such consumer as part of such consum- 31 er's current interaction with such business under this article; 32 (b) a service provider to the business; or 33 (c) a contractor. 34 40. "Unique identifier" or "unique personal identifier" means a 35 persistent identifier that can be used to recognize a consumer, a fami- 36 ly, or a device that is linked to a consumer or family, over time and 37 across different services, including, but not limited to, a device iden- 38 tifier; an internet protocol address; cookies, beacons, pixel tags, 39 mobile ad identifiers, or similar technology; customer number, unique 40 pseudonym, or user alias; telephone numbers, or other forms of persist- 41 ent or probabilistic identifiers that can be used to identify a partic- 42 ular consumer or device that is linked to a consumer or family. For 43 purposes of this subdivision, the term "family" means a custodial parent 44 or guardian and any children under eighteen years of age over which the 45 parent or guardian has custody. 46 41. "Verifiable consumer request" means a request that is made by a 47 consumer, by a consumer on behalf of such consumer's minor child, or by 48 a person who has power of attorney or is acting as a conservator for 49 such consumer, and that the business can verify, using commercially 50 reasonable methods, pursuant to any regulations adopted by the office to 51 be such consumer about whom the business has collected personal informa- 52 tion. 53 42. "Department" shall mean the department of financial services. 54 43. "Superintendent" shall mean the superintendent of financial 55 services.S. 9008 65 A. 10008 1 44. "Office" shall mean an office within the department, which shall 2 report to the superintendent, and is tasked with the implementation of 3 this article. 4 § 1801. Data broker registration. 1. On or before the first of July 5 following each year in which a business meets the definition of data 6 broker as provided in this article, or by such other date as the office 7 may establish by regulation, such business shall register with the 8 office pursuant to the requirements of this section. 9 2. In registering with the office, a data broker shall do all of the 10 following: 11 (a) pay the pro rata share assessed by the office; 12 (b) provide the following information in a form and manner determined 13 by the office for the prior calendar year: 14 (i) the name of the data broker and its primary physical, email, and 15 internet website addresses; 16 (ii) if the data broker permits a consumer to opt-out of such data 17 broker's collection of brokered personal information, opt-out of its 18 databases, or opt-out of certain sales of data: 19 (1) the method for requesting an opt-out; 20 (2) if the opt-out applies to only certain activities or sales, which 21 activities or sales such opt-out applies to; and 22 (3) whether the data broker permits a consumer to authorize a third 23 party to perform the opt-out on the consumer's behalf; 24 (iii) a statement specifying the data collection, databases, or sales 25 activities from which a consumer shall not opt-out; 26 (iv) a statement regarding whether the data broker implements a 27 purchaser credentialing process; 28 (v) the number of requests from consumers to delete personal informa- 29 tion; 30 (vi) the median and the mean number of days within which the data 31 broker substantively responded to consumer requests to delete personal 32 information; 33 (vii) whether the data broker collects the personal information of 34 minors; 35 (viii) whether the data broker collects consumers' names, dates of 36 birth, zip codes, email addresses, or phone numbers; 37 (ix) whether the data broker collects consumers' account logins or 38 account numbers in combination with any required security codes, access 39 codes, or passwords that would permit access to a consumer's account 40 with a third party; 41 (x) whether the data broker collects consumers' drivers' license 42 numbers, New York identification card numbers, tax identification 43 numbers, social security numbers, passport numbers, military identifica- 44 tion numbers, or other unique identification numbers issued on a govern- 45 ment document commonly used to verify the identity of a specific indi- 46 vidual; 47 (xi) whether the data broker collects consumers' mobile advertising 48 identification numbers, connected television identification numbers, or 49 vehicle identification numbers (VIN); 50 (xii) whether the data broker collects consumers' citizenship data, 51 including immigration status; 52 (xiii) whether the data broker collects consumers' union membership 53 status; 54 (xiv) whether the data broker collects consumers' sexual orientation 55 status;S. 9008 66 A. 10008 1 (xv) whether the data broker collects consumers' gender identity and 2 gender expression data; 3 (xvi) whether the data broker collects consumers' biometric data; 4 (xvii) whether the data broker collects consumers' precise geoloca- 5 tion; 6 (xviii) whether the data broker collects consumers' reproductive 7 health care data; 8 (xix) whether the data broker has shared or sold consumers' data to a 9 foreign actor in the past year; 10 (xx) whether the data broker has shared or sold consumers' data to the 11 federal government in the past year; 12 (xxi) whether the data broker has shared or sold consumers' data to 13 other state governments in the past year; 14 (xxii) whether the data broker has shared or sold consumers' data to 15 law enforcement in the past year, unless such data was shared pursuant 16 to a subpoena or court order; 17 (xxiii) whether the data broker has shared or sold consumers' data to 18 a developer of a GenAI system or model in the past year; 19 (xxiv) a link to a page on the data broker's internet website that 20 details how a consumer may exercise their deletion rights and does not 21 make any use of dark patterns; 22 (xxv) whether and to what extent the data broker or any of its subsid- 23 iaries is regulated by any of the following: 24 (1) the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et 25 seq.); 26 (2) the Gramm-Leach-Bliley Act (Public Law 106-102) and implementing 27 regulations; or 28 (3) the privacy, security, and breach notification rules issued by the 29 United States Department of Health and Human Services, Parts 160 and 164 30 of Title 45 of the Code of Federal Regulations, established pursuant to 31 the federal Health Insurance Portability and Accountability Act of 1996 32 (Public Law 104-191); 33 (xxvi) any additional information or explanation the data broker 34 chooses to provide concerning its data collection practices; and 35 (xxvii) any other information that the office may require pursuant to 36 regulations. 37 § 1802. Data broker registration and deletion portal. The office shall 38 create a page on the department's internet website where the registra- 39 tion information provided by data brokers described under section eigh- 40 teen hundred one of this article and the accessible deletion mechanism 41 described under section eighteen hundred four of this article shall be 42 accessible to the public. 43 § 1803. Consumer deletion requests. A data broker shall delete a 44 consumer's personal information, based on such consumer's request, with- 45 in forty-five days of receiving a verifiable consumer request from the 46 consumer pursuant to section eighteen hundred four of this article or 47 section eighteen hundred five of this article. Such data broker shall 48 promptly take steps to determine whether such request is a verifiable 49 consumer request, but such steps shall not extend such data broker's 50 duty to delete personal information within forty-five days of receipt of 51 the consumer's request. The time period to delete personal information 52 may be extended once by an additional forty-five days when reasonably 53 necessary, provided the consumer is provided notice of such extension 54 within the first forty-five-day period.S. 9008 67 A. 10008 1 § 1804. Accessible deletion request mechanism for consumers. 1. The 2 office shall establish an accessible deletion request mechanism that 3 does all of the following: 4 (a) implements and maintains reasonable security procedures and prac- 5 tices, including, but not limited to, administrative, physical, and 6 technical safeguards appropriate to the nature of the information and 7 the purposes for which the personal information will be used and to 8 protect consumers' personal information from unauthorized use, disclo- 9 sure, access, destruction, or modification; 10 (b) allows a consumer, through a single verifiable consumer request, 11 to request that every data broker that maintains any personal informa- 12 tion delete any personal information related to such consumer held by 13 the data broker or associated service provider or contractor; 14 (c) allows a consumer to selectively exclude specific data brokers 15 from a request made under this section; and 16 (d) allows a consumer to make a request to alter a previous request 17 made under this section after at least forty-five days have passed since 18 the consumer last made a request under this section. 19 2. The accessible deletion mechanism established pursuant to this 20 section shall meet all of the following requirements: 21 (a) the accessible deletion mechanism shall allow a consumer to 22 request the deletion of all personal information related to such consum- 23 er through a single deletion request; 24 (b) the accessible deletion mechanism shall permit a consumer to 25 securely submit information in one or more privacy-protecting ways 26 determined by the office to aid in the deletion request; 27 (c) the accessible deletion mechanism shall allow data brokers regis- 28 tered with the office to determine whether an individual has submitted a 29 verifiable consumer request to delete the personal information related 30 to such consumer as described in this section and shall not allow the 31 disclosure of any additional personal information when the data broker 32 accesses such accessible deletion mechanism unless otherwise specified 33 in this article; 34 (d) the accessible deletion mechanism shall allow a consumer to make a 35 request described in this section using an internet service operated by 36 the office; 37 (e) the accessible deletion mechanism shall not charge a consumer to 38 make a request described in this section; 39 (f) the accessible deletion mechanism shall allow a consumer to make a 40 request described in this section in any of the twelve most commonly 41 spoken languages in New York state, consistent with section two hundred 42 two-a of the executive law, for whom personal information has been 43 collected by data brokers; 44 (g) the accessible deletion mechanism shall comply with section one 45 hundred three-d of the state technology law; 46 (h) the accessible deletion mechanism shall support the ability of a 47 consumer's authorized agents to aid in the deletion request; 48 (i) the accessible deletion mechanism shall allow the consumer, or 49 their authorized agent, to verify the status of such consumer's deletion 50 request; and 51 (j) the accessible deletion mechanism shall provide a description of 52 all of the following: 53 (i) the deletion permitted by this section including the actions 54 required of data brokers described in this section; 55 (ii) the process for submitting a deletion request pursuant to this 56 section; andS. 9008 68 A. 10008 1 (iii) examples of the types of information that may be deleted; 2 3. Beginning on a date established by regulation by the office, a data 3 broker shall access the accessible deletion mechanism established pursu- 4 ant to subdivision one of this section at least once every forty-five 5 days and do all of the following: 6 (a) within forty-five days after receiving a request made pursuant to 7 this section, a data broker shall process all such requests and delete 8 all personal information related to the consumers who made such 9 requests; 10 (b) in cases where a data broker denies a consumer request to delete 11 under this article because such request cannot be verified, such data 12 broker shall process such request as an opt-out of the sale or sharing 13 of such consumer's personal information if provided by such data 14 brokers' existing policies and practices; 15 (c) a data broker shall direct all service providers or contractors 16 associated with such data broker to delete all personal information in 17 their possession related to the consumers making the requests described 18 in paragraph (a) of this subdivision; 19 (d) a data broker shall direct all service providers or contractors 20 associated with the data broker to process a request described by para- 21 graph (b) of this subdivision. 22 4. Notwithstanding subdivision three of this section, a data broker 23 shall not be required to delete a consumer's personal information if 24 either of the following apply: 25 (a) if it is reasonably necessary for the business, service provider, 26 or contractor to maintain the consumer's personal information in order 27 to: 28 (i) complete the transaction for which the personal information was 29 collected, fulfill the terms of a written warranty or product recall 30 conducted in accordance with federal law, provide a good or service 31 requested by the consumer, or reasonably anticipated by such consumer 32 within the context of a business' ongoing business relationship with 33 such consumer, or otherwise perform a contract between the business and 34 such consumer; 35 (ii) help to ensure security and integrity to the extent the use of 36 the consumer's personal information is reasonably necessary and propor- 37 tionate for such purposes; 38 (iii) debug to identify and repair errors that impair existing 39 intended functionality; 40 (iv) exercise free speech, ensure the right of another consumer to 41 exercise such consumer's right of free speech, or exercise another right 42 provided for by law; 43 (v) engage in public or peer-reviewed scientific, historical, or 44 statistical research that conforms or adheres to all other applicable 45 ethics and privacy laws, when the business' deletion of the information 46 is likely to render impossible or seriously impair the ability to 47 complete such research, if the consumer has provided informed consent; 48 (vi) to enable solely internal uses that are reasonably aligned with 49 the expectations of the consumer based on such consumer's relationship 50 with the business and compatible with the context in which such consumer 51 provided the information; 52 (vii) comply with a legal obligation, including, but not limited to 53 federal, state, or local laws or comply with a court order or subpoena 54 to provide information; 55 (viii) comply with a civil, criminal, or regulatory inquiry, investi- 56 gation, subpoena, or summons by federal, state, or local authorities.S. 9008 69 A. 10008 1 Law enforcement agencies, including police and sheriff's departments, 2 may direct a business pursuant to a law enforcement agency-approved 3 investigation with an active case number not to delete a consumer's 4 personal information, and, upon receipt of that direction, a business 5 shall not delete the personal information for ninety days in order to 6 allow the law enforcement agency to obtain a court-issued subpoena, 7 order, or warrant to obtain a consumer's personal information. For good 8 cause and only to the extent necessary for investigatory purposes, a law 9 enforcement agency may direct a business not to delete the consumer's 10 personal information for additional ninety-day periods. A business that 11 has received direction from a law enforcement agency not to delete the 12 personal information of a consumer who has requested deletion of such 13 consumer's personal information shall not use such consumer's personal 14 information for any purpose other than retaining it to produce to law 15 enforcement in response to a court-issued subpoena, order, or warrant 16 unless such consumer's deletion request is subject to an exemption from 17 deletion under this article; 18 (ix) cooperate with law enforcement agencies concerning conduct or 19 activity that the business, service provider, or third party reasonably 20 and in good faith believes may violate federal, state, or local law; 21 (x) cooperate with a government agency request for emergency access to 22 a consumer's personal information if a natural person is at risk or 23 danger of death or serious physical injury provided that: 24 (1) such request is approved by a high-ranking agency officer for 25 emergency access to a consumer's personal information; 26 (2) such request is based on such government agency's good faith 27 determination that it has a lawful basis to access the information on a 28 nonemergency basis; 29 (3) such agency agrees to petition a court for an appropriate order 30 within three days and to destroy the information if such order is not 31 granted; and 32 (4) for purposes of this subparagraph, a consumer accessing, procur- 33 ing, or searching for services regarding contraception, pregnancy care, 34 and perinatal care, including, but not limited to, abortion services, 35 shall not constitute a natural person being at risk or danger of death 36 or serious physical injury; 37 (xi) exercise or defend legal claims; 38 (xii) collect, use, retain, sell, share, or disclose consumers' 39 personal information that is deidentified or aggregate consumer informa- 40 tion; or 41 (xiii) collect, sell, or share a consumer's personal information if 42 every aspect of that commercial conduct takes place wholly outside of 43 New York. For purposes of this article, commercial conduct takes place 44 wholly outside of New York if the business collected that information 45 while the consumer was outside of New York, no part of the sale of the 46 consumer's personal information occurred in New York, and no personal 47 information collected while the consumer was in New York is sold. This 48 paragraph shall not prohibit a business from storing, including on a 49 device, personal information about a consumer when the consumer is in 50 New York and then collecting that personal information when the consumer 51 and stored personal information is outside of New York; or 52 (b) personal information described in this subdivision shall only be 53 used for the purposes described in this subdivision and shall not be 54 used or disclosed for any other purpose, including, but not limited to, 55 marketing purposes.S. 9008 70 A. 10008 1 5. Beginning on a date established by regulation by the office, after 2 a consumer has submitted a deletion request and a data broker has 3 deleted such consumer's data pursuant to this section, such data broker 4 shall delete all personal information of such consumer at least once 5 every forty-five days pursuant to this section unless such consumer 6 requests otherwise or such deletion is not required pursuant to subdivi- 7 sion four of this section. 8 6. Beginning on a date established by regulation by the office, after 9 a consumer has submitted a deletion request and a data broker has 10 deleted such consumer's data pursuant to this section, such data broker 11 shall not sell or share new personal information of such consumer unless 12 such consumer requests otherwise or selling or sharing such personal 13 information is permitted under subdivision four of this section. 14 7. Beginning January first, two thousand twenty-nine, or by such other 15 date that may be established by regulation by the office, and every 16 three years thereafter, a data broker shall undergo an audit by an inde- 17 pendent third party to determine compliance with this section. The data 18 broker shall submit a report resulting from the audit and any related 19 materials to the office within five business days of receiving a written 20 request from the office. A data broker shall maintain the report and 21 materials described in this paragraph for at least six years. 22 § 1805. Data broker website disclosure requirements. 1. On or before 23 July first following each calendar year, or by such other date as the 24 office may establish by regulation in which a business meets the defi- 25 nition of a data broker as provided in this article, the business shall 26 clearly and conspicuously post their privacy policy on their website as 27 well as do all of the following: 28 (a) Disclose the number of consumer deletion requests made to the data 29 broker pursuant to section eighteen hundred four of this article; 30 (b) Disclose the median and the mean number of days within which the 31 data broker substantively responded to consumer deletion requests during 32 the previous calendar year; and 33 (c) Disclose the metrics compiled pursuant to paragraphs (a) and (b) 34 of this subdivision within the data broker's privacy policy posted on 35 their internet website and accessible from a link included in the data 36 broker's privacy policy. 37 2. In its disclosure pursuant to subdivision one of this section, a 38 data broker shall disclose the number of consumer deletion requests that 39 the data broker denied in whole or in part because of any of the follow- 40 ing: 41 (a) The request was not verifiable; 42 (b) The request was not made by a consumer; 43 (c) The request called for information exempt from deletion; or 44 (d) The request was denied on other grounds. 45 3. In its disclosure pursuant to subdivision one of this section, a 46 data broker shall specify the number of consumer deletion requests in 47 which deletion was not required in whole, or in part, under a relevant 48 section of this article. 49 4. A data broker shall provide in a form that is reasonably accessible 50 to consumers, at least two or more designated methods for submitting 51 deletion requests to such data broker directly. Such forms may include a 52 toll-free telephone number, email or electronic submission via the data 53 broker's internet website. 54 § 1806. Rulemaking. The office shall adopt rules and regulations to 55 implement the provisions of this article.S. 9008 71 A. 10008 1 § 1807. Powers, duties and adjudicatory proceedings. 1. In connection 2 with the implementation and enforcement of this article, the office 3 shall have the following powers and duties: 4 (a) to hold hearings, subpoena witnesses, compel their attendance, 5 administer oaths, to examine any person under oath and in connection 6 therewith to require the production of any books or records relative to 7 the inquiry, provided that subpoena issued under this section shall be 8 regulated by the civil practice law and rules; 9 (b) to appoint such advisory groups and committees as deemed necessary 10 to provide assistance to the office to carry out the purposes and objec- 11 tives of this article; 12 (c) to enter into contracts, memoranda of understanding, and agree- 13 ments as deemed appropriate to effectuate the policy and purpose of this 14 chapter; 15 (d) to draft declaratory rulings, guidance and industry advisories; 16 and 17 (e) to delegate the powers provided in this section to such other 18 officers or employees as may be deemed appropriate by the superinten- 19 dent. 20 2. (a) The superintendent, or any person designated by the superinten- 21 dent for the purposes of this subdivision, may issue subpoenas and 22 administer oaths in connection with any hearing or investigation under 23 or pursuant to this article, and it shall be the duty of the superinten- 24 dent and any persons designated by them for such purpose to issue 25 subpoenas at the request of and upon behalf of the respondent. 26 (b) The superintendent and those designated by the superintendent 27 shall not be bound by the laws of evidence in the conduct of hearing 28 proceedings, but the determination shall be founded upon preponderance 29 of evidence to sustain it. 30 (c) Notice and right of hearing as provided in the state administra- 31 tive procedure act shall be served at least fifteen days prior to the 32 date of the hearing, provided that, whenever because of danger to the 33 public health, safety or welfare it appears prejudicial to the interests 34 of the people of the state to delay action for fifteen days, the super- 35 intendent may serve the respondent with an order requiring certain 36 action or the cessation of certain activities immediately or within a 37 specified period of less than fifteen days. 38 (d) Service of notice of hearing or order shall be made by personal 39 service or by registered or certified mail. Where service, whether by 40 personal service or by registered or certified mail, is made upon an 41 incompetent, partnership, or corporation, it shall be made upon the 42 person or persons designated to receive personal service by article 43 three of the civil practice law and rules. 44 (e) At a hearing, that to the greatest extent practicable shall be 45 reasonably near the respondent, the respondent may appear personally, 46 shall have the right of counsel, and may cross-examine witnesses against 47 the respondent and produce evidence and witnesses on their behalf. 48 (f) Following a hearing, the superintendent may make appropriate 49 determinations and issue a final order in accordance therewith. 50 (g) The superintendent may adopt, amend and repeal administrative 51 rules and regulations governing the procedures to be followed with 52 respect to hearings, such rules to be consistent with the policy and 53 purpose of this chapter and the effective and fair enforcement of its 54 provisions. 55 (h) The provisions of this section shall be applicable to all hearings 56 held pursuant to this article.S. 9008 72 A. 10008 1 § 1808. Statute of limitations. No administrative action by the office 2 brought pursuant to this article alleging a violation of any of the 3 provisions of this article shall be commenced more than three years 4 after the date on which the violation occurred. 5 § 1809. Enforcement. 1. The superintendent may, after notice and hear- 6 ing, require any person found violating the provisions of this article 7 or the rules or regulations promulgated hereunder to pay to the people 8 of this state, penalties and expenses as follows: 9 (a) a fine or civil penalty of two hundred dollars for each day the 10 data broker fails to register or fails to comply with the registration 11 requirements as required by this article; 12 (b) an amount equal to the monies that were due during the period it 13 failed to register; 14 (c) a fine or civil penalty of two hundred dollars for each deletion 15 request for each day the data broker fails to delete information as 16 required by section eighteen hundred four or section eighteen hundred 17 five of this article; 18 (d) a fine or civil penalty of two hundred dollars for each day the 19 data broker fails to comply with the website disclosure requirements as 20 set forth in section eighteen hundred five of this article; and 21 (e) appropriate expenses incurred by the office in the investigation 22 and administration of the action; or in the case of an action commenced 23 by the attorney general, any expenses incurred by the office, that are 24 deemed appropriate by the court. 25 2. The superintendent may request the attorney general commence an 26 action in a court of competent jurisdiction to enforce the requirements 27 of this article and to recover the penalties and expenses set forth in 28 paragraphs (a) through (e) of subdivision one of this section. 29 § 1810. Assessments. Companies or persons required to be licensed, 30 registered or file with the office pursuant to this article shall be 31 assessed in pro rata shares by the department to defray the operating 32 expenses, including all direct and indirect costs, of administering the 33 obligations imposed by this article. 34 § 1811. Exemptions. This article shall not apply to any of the follow- 35 ing: 36 1. Protected health information that is collected by a covered entity 37 or business associate governed by the privacy, security, and breach 38 notification rules issued by the United States Department of Health and 39 Human Services, Parts 160 and 164 of Title 45 of the Code of Federal 40 Regulations, established pursuant to the federal Health Insurance Porta- 41 bility and Accountability Act of 1996 (Public Law 104-191) and the 42 federal Health Information Technology for Economic and Clinical Health 43 Act, Title XIII of the federal American Recovery and Reinvestment Act of 44 2009 (Public Law 111-5). 45 2. A covered entity governed by the privacy, security, and breach 46 notification rules issued by the United States Department of Health and 47 Human Services, Parts 160 and 164 of Title 45 of the Code of Federal 48 Regulations, established pursuant to the federal Health Insurance Porta- 49 bility and Accountability Act of 1996 (Public Law 104-191), to the 50 extent the covered entity maintains, uses, and discloses protected 51 health information as described in subdivision one of this section. 52 3. A business associate of a covered entity governed by the privacy, 53 security, and data breach notification rules issued by the United States 54 Department of Health and Human Services, Parts 160 and 164 of Title 45 55 of the Code of Federal Regulations, established pursuant to the federal 56 Health Insurance Portability and Accountability Act of 1996 (Public LawS. 9008 73 A. 10008 1 104-191) and the federal Health Information Technology for Economic and 2 Clinical Health Act, Title XIII of the federal American Recovery and 3 Reinvestment Act of 2009 (Public Law 111-5), to the extent that such 4 business associate maintains, uses, and discloses protected health 5 information as described in subdivision one of this section. 6 4. Information that meets both of the following conditions: 7 (a) it is deidentified in accordance with the requirements for deiden- 8 tification set forth in Section 164.514 of Part 164 of Title 45 of the 9 Code of Federal Regulations; and 10 (b) it is derived from patient information that was originally 11 collected, created, transmitted, or maintained by an entity regulated by 12 the Health Insurance Portability and Accountability Act or the Federal 13 Policy for the Protection of Human Subjects, also known as the Common 14 Rule. 15 5. Information that met the requirements of subdivision four of this 16 section but is subsequently reidentified shall no longer be eligible for 17 the exemption in this section, and shall be subject to applicable feder- 18 al and state data privacy and security laws, including, but not limited 19 to, the Health Insurance Portability and Accountability Act and this 20 title. 21 6. Information that is collected, used, or disclosed in research, as 22 defined in Section 164.501 of Title 45 of the Code of Federal Regu- 23 lations, including, but not limited to, a clinical trial, and that is 24 conducted in accordance with applicable ethics, confidentiality, priva- 25 cy, and security rules of Part 164 of Title 45 of the Code of Federal 26 Regulations, the Federal Policy for the Protection of Human Subjects, 27 also known as the Common Rule, good clinical practice guidelines issued 28 by the International Council for Harmonization, or human subject 29 protection requirements of the United States Food and Drug Adminis- 30 tration. 31 7. A health information network regulated under 10 NYCRR Part 300, 32 including the department of health's designated contractor or a quali- 33 fied entity under 10 NYCRR § 300.4. 34 8. For purposes of this section, the following terms shall have the 35 following meanings: 36 (a) "Business associate" has the same meaning as defined in Section 37 160.103 of Title 45 of the Code of Federal Regulations. 38 (b) "Covered entity" has the same meaning as defined in Section 39 160.103 of Title 45 of the Code of Federal Regulations. 40 (c) "Identifiable private information" has the same meaning as defined 41 in Section 46.102 of Title 45 of the Code of Federal Regulations. 42 (d) "Individually identifiable health information" has the same mean- 43 ing as defined in Section 160.103 of Title 45 of the Code of Federal 44 Regulations. 45 (e) "Protected health information" has the same meaning as defined in 46 Section 160.103 of Title 45 of the Code of Federal Regulations. 47 § 3. Severability. If any clause, sentence, paragraph, subdivision, 48 section or part of this act shall be adjudged by any court of competent 49 jurisdiction to be invalid, such judgment shall not affect, impair, or 50 invalidate the remainder thereof, but shall be confined in its operation 51 to the clause, sentence, paragraph, subdivision, section or part thereof 52 directly involved in the controversy in which such judgment shall have 53 been rendered. It is hereby declared to be the intent of the legislature 54 that this act would have been enacted even if such invalid provisions 55 had not been included herein.S. 9008 74 A. 10008 1 § 4. This act shall take effect on the one hundred eightieth day after 2 the office of the department of financial services tasked with the 3 implementation of article 48 of the general business law pursuant to 4 such article shall promulgate rules and regulations to effectuate the 5 provisions of this act; provided, however, that such office shall notify 6 the legislative bill drafting commission upon the occurrence of the 7 promulgation of such rules and regulations in order that the commission 8 may maintain an accurate and timely effective data base of the official 9 text of the laws of the state of New York in furtherance of effectuating 10 the provisions of section 44 of the legislative law and section 70-b of 11 the public officers law. Effective immediately, the addition, amendment 12 and/or repeal of any rule or regulation necessary for the implementation 13 of this act on its effective date are authorized to be made and 14 completed on or before such effective date. 15 PART BB 16 Section 1. The insurance law is amended by adding a new section 2356 17 to read as follows: 18 § 2356. Premium increase explanations. (a) An insurer shall include on 19 either the premium bill or the declarations page the amount of the 20 premium increase from the prior policy period and a written explanation 21 for the premium increase, including the primary rating factors causing 22 the increase, for a covered policy as defined in paragraph one and in 23 subparagraph (A) of paragraph two of subsection (a) of section three 24 thousand four hundred twenty-five of this chapter, where the total poli- 25 cy premium increase is in excess of ten percent, exclusive of any premi- 26 um increase due to insured value added. 27 (b) (1) Except when an insurer provides an explanation pursuant to 28 subsection (a) of this section, an insurer shall include a prominent 29 notice on either the premium bill, the declarations page, or a notice 30 accompanying the premium bill or declarations page, for a policy cover- 31 ing a motor vehicle or a policy covering loss of or damage to real prop- 32 erty used predominantly for residential purposes, that states the 33 following: "Policyholders receiving an increase to their premiums at 34 renewal may request a written explanation, including the primary rating 35 factors causing the increase, by contacting their insurers in writing." 36 An insurer shall include its contact information with the prominent 37 notice. 38 (2) Upon a policyholder's written request at policy renewal, an insur- 39 er shall provide a written explanation for the increased premiums, 40 including the primary rating factors causing the increase, for a policy 41 covering a motor vehicle or a policy covering loss of or damage to real 42 property used predominantly for residential purposes. An insurer shall 43 provide the written explanation to the policyholder, including the 44 primary rating factors causing the increase, within twenty days from 45 receipt of the policyholder's written request. 46 § 2. This act shall take effect on the ninetieth day after it shall 47 have become a law. 48 PART CC 49 Section 1. The insurance law is amended by adding a new section 2354 50 to read as follows: 51 § 2354. Homeowners' insurance benchmark loss ratio. (a) Beginning one 52 year after the effective date of this section, an insurer that issues orS. 9008 75 A. 10008 1 delivers in this state a homeowners' insurance policy and had average 2 annual gross written homeowners' insurance premiums in this state of at 3 least ten million dollars during the previous two calendar years shall 4 refile with the superintendent, for the superintendent's prior approval, 5 its homeowners' insurance rates if the insurer had an actual loss ratio 6 for each of the previous two calendar years that is below the benchmark 7 loss ratio specified by the superintendent in a regulation. The insurer 8 shall make the filing with the superintendent within sixty days after 9 the insurer files its annual statement. 10 (b) The superintendent shall conduct a study to determine a benchmark 11 loss ratio for homeowners' insurance for the purpose of subsection (a) 12 of this section. 13 (c) For the purpose of this section, "homeowners' insurance" means a 14 contract of insurance insuring against the contingencies described in 15 subparagraphs (A), (B), and (C) or subparagraphs (B) and (C) of para- 16 graph two of subsection (a) of section three thousand four hundred twen- 17 ty-five of this chapter and which is a "covered policy" of personal 18 lines insurance as defined in such paragraph; provided, however, that 19 the coverages provided under subparagraphs (B) and (C) of paragraph two 20 of subsection (a) of section three thousand four hundred twenty-five of 21 this chapter shall not apply where the natural person does not have an 22 insurable interest in the real property, or a portion thereof, or the 23 residential unit in which such person resides. 24 § 2. This act shall take effect immediately. 25 PART DD 26 Section 1. Subsections 1 and 2 of section 2346 of the insurance law, 27 subsection 1 as amended by chapter 454 of the laws of 1994 and 28 subsection 2 as amended by chapter 637 of the laws of 1993, are amended 29 to read as follows: 30 1. [The superintendent may provide for a] An insurer shall offer at 31 least one discount that provides an actuarially appropriate reduction in 32 the rates of fire insurance premiums or the fire insurance component of 33 homeowners insurance premiums applicable to residential real property 34 for fire prevention or mitigation improvements, such as when the real 35 property is equipped with smoke detecting alarm devices, approved sprin- 36 kler systems, or fire extinguishers[, should a statistically valid study37of insurer experience indicate an actuarially significant decrease in38losses in the aforementioned circumstances. The reductions provided for39shall be proportionally related to the actuarially calculable decrease40in losses in the aforementioned circumstances]. 41 2. [The superintendent may provide for a] (a) An insurer shall offer 42 at least one discount that provides an actuarially appropriate reduction 43 in the rates of homeowners insurance premiums applicable to residential 44 real property for each of the following categories of improvements: 45 (1) theft prevention or mitigation improvements, such as when the real 46 property is equipped with dead-bolt locks[, should a statistically valid47study of insurer experience indicate an actuarially significant decrease48in losses attributable to the use of such a device. The superintendent49shall by regulation establish standards for dead-bolt locks for which a50reduction may be approved. The reductions provided for shall be propor-51tionally related to the actuarially calculable decrease in losses52attributable to the use of such a device] or a security system; and 53 (2) water damage prevention or mitigation improvements, such as a 54 smart water monitor and shutoff device.S. 9008 76 A. 10008 1 (b) An insurer shall offer a discount that provides an actuarially 2 appropriate reduction in the rates of homeowners insurance premiums 3 applicable to residential real property for the installation of a newly 4 constructed roof or a roof replacement and for each of the following 5 wind damage mitigation improvements to the property: 6 (1) improvements made to roof coverings, such as tiles or shingles, 7 for wind-resistance; 8 (2) roof deck attachments; 9 (3) secondary water resistance, including sealing and strengthening a 10 roof deck, roof and gable end vents or covers, and improvements made for 11 water intrusion resistance of attic vents; and 12 (4) roof to wall connections, including toe nails, clips, strapping, 13 or ties. 14 (c) To be considered for any discount provided for in paragraph (b) of 15 this subsection, an insurable property shall be certified as constructed 16 in accordance with any building code applicable in this state or New 17 York city, as amended from time-to-time, or such other standards as 18 approved by the superintendent. 19 § 2. Section 2346-a of the insurance law, as added by chapter 78 of 20 the laws of 1997, is amended to read as follows: 21 § 2346-a. Reduction in rates of certain commercial risk insurance 22 premiums for real property. [The superintendent shall provide for] (a) 23 An insurer shall offer at least one discount that provides an actuarial- 24 ly appropriate reduction in the rates of fire insurance premiums or the 25 fire insurance component of certain commercial risk insurance, as 26 defined in subparagraph (A) of paragraph forty-seven of subsection (a) 27 of section one hundred seven of this chapter, to a purchaser of such 28 insurance and shall also provide such discount to a public entity as 29 defined in paragraph fifty-one of subsection (a) of section one hundred 30 seven of this chapter, for the loss of or damage to real property 31 equipped with fire prevention or mitigation improvements, such as when 32 the real property is equipped with smoke detecting alarm devices, 33 approved sprinkler systems, or fire extinguishers. 34 (b) An insurer shall offer at least one discount that provides an 35 actuarially appropriate reduction in the rates of premiums for certain 36 commercial risk insurance, as defined in subparagraph (A) of paragraph 37 forty-seven of subsection (a) of section one hundred seven of this chap- 38 ter, to a purchaser of such insurance and shall also provide such 39 reduction to a public entity as defined in paragraph fifty-one of 40 subsection (a) of section one hundred seven of this chapter for loss of 41 or damage to real property for each of the following categories of 42 improvements: 43 (1) theft prevention or mitigation improvements, such as when the real 44 property is equipped with dead-bolt locks or a security system; and 45 (2) water damage prevention or mitigation improvements, such as a 46 smart water monitor and shutoff device. 47 (c) An insurer shall offer a discount that provides an actuarially 48 appropriate reduction in the rates of premiums for certain commercial 49 risk insurance, as defined in subparagraph (A) of paragraph forty-seven 50 of subsection (a) of section one hundred seven of this chapter, to a 51 purchaser of such insurance and shall also provide such reduction to a 52 public entity as defined in paragraph fifty-one of subsection (a) of 53 section one hundred seven of this chapter for the loss of or damage to 54 real property for the installation of a newly constructed roof or a roof 55 replacement and for each of the following wind damage mitigation 56 improvements to the property:S. 9008 77 A. 10008 1 (1) improvements made to roof coverings, such as tiles or shingles, 2 for wind-resistance; 3 (2) roof deck attachments; 4 (3) secondary water resistance, including sealing and strengthening a 5 roof deck, roof and gable end vents or covers, and improvements made for 6 water intrusion resistance of attic vents; and 7 (4) roof to wall connections, including toe nails, clips, strapping, 8 or ties. 9 (d) To be considered for any discount provided for in subsection (c) 10 of this section, an insurable property shall be certified as constructed 11 in accordance with any building code applicable in this state or New 12 York city, as amended from time-to-time, or such other standards as 13 approved by the superintendent. 14 (e) An insurer shall offer a discount that provides an actuarially 15 appropriate reduction in the rates of premiums for certain commercial 16 risk insurance, as defined in subparagraph (A) of paragraph forty-seven 17 of subsection (a) of section one hundred seven of this chapter, to a 18 purchaser of such insurance and shall also provide such reduction to a 19 public entity as defined in paragraph fifty-one of subsection (a) of 20 section one hundred seven of this chapter for the loss of or damage to 21 real property fitted or retrofitted with hurricane resistant laminated 22 glass windows or doors. The superintendent shall by regulation estab- 23 lish standards for hurricane resistant laminated glass windows and 24 doors, including the safe and secure installation thereof. 25 § 3. The insurance law is amended by adding a new section 2354 to 26 read as follows: 27 § 2354. Disclosure and reporting of discounts. (a) An insurer that 28 issues or delivers in this state a policy that insures loss of or damage 29 to real property shall specify the nature and the total dollar amount 30 reduction of each discount applied to the policy on the declarations 31 page and specify the nature and percentage of all available discounts 32 that the insurer offers on the policy in a conspicuous notice entitled 33 "DISCOUNT INFORMATION" included with the policy. 34 (b) An insurer shall report the following information to the super- 35 intendent, in a form prescribed by the superintendent, by April first of 36 each year: (1) a list of all discounts offered to insureds during the 37 preceding calendar year, including the nature of the discounts and the 38 discount amounts; and (2) the number of insureds who received each 39 discount during the preceding calendar year and the zip codes in which 40 the insured properties are located. 41 § 4. This act shall take effect immediately; provided, however, 42 sections one and two of this act shall take effect one year after it 43 shall have become a law; and provided further, however, that section 44 three of this act shall take effect on the ninetieth day after it shall 45 have become a law. Effective immediately, the addition, amendment 46 and/or repeal of any rule or regulation necessary for the implementation 47 of this act on its effective date are authorized to be made and 48 completed on or before such effective date. 49 PART EE 50 Section 1. Subsection (d) of section 5102 of the insurance law, as 51 amended by chapter 955 of the laws of 1984, is amended to read as 52 follows: 53 (d) "Serious injury" means a personal injury which results in death; 54 dismemberment; significant disfigurement; a fracture; loss of a fetus;S. 9008 78 A. 10008 1 permanent loss of use of a body organ, member, function or system; 2 permanent consequential limitation of use of a body organ or member; or 3 significant limitation of use of a body function or system[; or a4medically determined injury or impairment of a non-permanent nature5which prevents the injured person from performing substantially all of6the material acts which constitute such person's usual and customary7daily activities for not less than ninety days during the one hundred8eighty days immediately following the occurrence of the injury or9impairment]. 10 § 2. Subsection (a) of section 5104 of the insurance law is amended, 11 and a new subsection (d) is added to read as follows: 12 (a) Notwithstanding any other law, in any action by or on behalf of a 13 covered person against another covered person for personal injuries 14 arising out of negligence in the use or operation of a motor vehicle in 15 this state, there shall be no right of recovery for non-economic loss, 16 except in the case of a serious injury, or for basic economic loss. The 17 owner, operator or occupant of a motorcycle which has in effect the 18 financial security required by article six or eight of the vehicle and 19 traffic law, or which is referred to in subdivision two of section three 20 hundred twenty-one of such law, shall not be subject to an action by or 21 on behalf of a covered person for recovery for non-economic loss, except 22 in the case of a serious injury, or for basic economic loss. No liabil- 23 ity for non-economic loss shall be fixed unless and until the trier of 24 fact has determined the existence of a serious injury. In any action to 25 recover non-economic loss pursuant to this article, the trier of fact 26 shall not determine the question of whether an injury is a serious inju- 27 ry until the trier of fact has determined the party or parties at fault. 28 (d) Notwithstanding the foregoing, and other than in an action for 29 damages for injuries resulting in death, recovery for non-economic loss 30 shall be limited to one hundred thousand dollars in the case of a seri- 31 ous injury in any action by or on behalf of a covered person (1) using 32 or operating an uninsured motor vehicle, (2) using or operating a motor 33 vehicle while impaired at the time of the accident and convicted of 34 such, or (3) using or operating a motor vehicle in the commission of a 35 felony, or immediate flight therefrom, at the time of the accident and 36 has been convicted of such felony. 37 § 3. Section 1411 of the civil practice law and rules, as added by 38 chapter 69 of the laws of 1975, is amended to read as follows: 39 § 1411. Damages recoverable when contributory negligence or assumption 40 of risk is established. [In] (a) Except as provided in subsection (b) of 41 this section, in any action to recover damages for personal injury, 42 injury to property, or wrongful death, the culpable conduct attributable 43 to the claimant or to the decedent, including contributory negligence or 44 assumption of risk, shall not bar recovery[, but the]. The amount of 45 damages otherwise recoverable shall be diminished in the proportion 46 which the culpable conduct attributable to the claimant or decedent 47 bears to the culpable conduct which caused the damages. 48 (b) In any action to recover damages for personal injury subject to 49 article fifty-one of the insurance law, the culpable conduct attribut- 50 able to the claimant shall bar recovery if the culpable conduct attrib- 51 utable to the claimant is greater than the culpable conduct of the 52 person against whom recovery is sought or is greater than the combined 53 culpable conduct of the persons against whom recovery is sought. 54 § 4. Subdivision 6 of section 1602 of the civil practice law and rules 55 is REPEALED.S. 9008 79 A. 10008 1 § 5. This act shall take effect immediately and shall be applicable to 2 all actions and proceedings commenced on or after such date. 3 PART FF 4 Section 1. Subsection (a) of section 405 of the insurance law, as 5 amended by section 7 of part A of chapter 62 of the laws of 2011, is 6 amended to read as follows: 7 (a) Any person licensed or registered pursuant to the provisions of 8 this chapter, and any person engaged in the business of insurance or 9 life settlement in this state who is exempted from compliance with the 10 licensing requirements of this chapter, including the state insurance 11 fund of this state, who has reason to believe that an insurance trans- 12 action or life settlement act may be fraudulent, or has knowledge that a 13 fraudulent insurance transaction or fraudulent life settlement act is 14 about to take place, or has taken place shall, within [thirty] sixty 15 days after determination by such person that the transaction appears to 16 be fraudulent, send to the superintendent on a form prescribed by the 17 superintendent, the information requested by the form and such addi- 18 tional information relative to the factual circumstances of the trans- 19 action and the parties involved as the superintendent may require. The 20 superintendent shall accept reports of suspected fraudulent insurance 21 transactions or fraudulent life settlement acts from any self insurer, 22 including but not limited to self insurers providing health insurance 23 coverage or those defined in section fifty of the workers' compensation 24 law, and shall treat such reports as any other received pursuant to this 25 section. 26 § 2. Subsection (a) of section 5106 of the insurance law is amended to 27 read as follows: 28 (a) Payments of first party benefits and additional first party bene- 29 fits shall be made as the loss is incurred. Such benefits are overdue 30 if not paid within thirty days after the claimant supplies proof of the 31 fact and amount of loss sustained. If proof is not supplied as to the 32 entire claim, the amount which is supported by proof is overdue if not 33 paid within thirty days after such proof is supplied. The failure of an 34 insurer to make timely payment or issue a denial within thirty days 35 after proof of claim has been submitted to the insurer shall not 36 preclude the insurer from issuing a denial or asserting a defense after 37 the thirty-day period has elapsed. All overdue payments shall bear 38 interest at the rate of two percent per month. If a valid claim or 39 portion was overdue, the claimant shall also be entitled to recover 40 [his] the claimant's attorney's reasonable fee, for services necessarily 41 performed in connection with securing payment of the overdue claim, 42 subject to limitations promulgated by the superintendent in regulations. 43 § 3. This act shall take effect immediately and the amendments to 44 subsection (a) of section 5106 of the insurance law made by section two 45 of this act shall apply to claims submitted to an insurer on or after 46 such effective date. 47 PART GG 48 Section 1. The insurance law is amended by adding a new section 346 to 49 read as follows: 50 § 346. Annual report on insurance for multi-family buildings. An 51 authorized insurer that issues or delivers in this state a policy that 52 insures loss of or damage to real property used predominantly for resi-S. 9008 80 A. 10008 1 dential purposes and that consists of two or more dwelling units, other 2 than hotels and motels, shall file a report with the superintendent by 3 March first of each year, in a form prescribed by the superintendent, 4 that includes information on such policies for the preceding calendar 5 year, including premiums collected, claims paid, and such other informa- 6 tion as the superintendent shall deem necessary, in consultation with 7 the commissioner of housing and community renewal. The superintendent 8 shall publish on the department's website the reports required by this 9 section. 10 § 2. This act shall take effect immediately. 11 PART HH 12 Section 1. This Part enacts into law components of legislation relat- 13 ing to pre-authorization, access to specialty care, and formulary lists. 14 Each component is wholly contained within a Subpart identified as 15 Subparts A through D. The effective date for each particular provision 16 contained within such Subpart is set forth in the last section of such 17 Subpart. Any provision in any section contained within a Subpart, 18 including the effective date of the Subpart, which makes reference to a 19 section "of this act", when used in connection with that particular 20 component, shall be deemed to mean and refer to the corresponding 21 section of the Subpart in which it is found. Section two of this Part 22 sets forth the general effective date of this Part. 23 SUBPART A 24 Section 1. Section 210 of the insurance law, as amended by chapter 579 25 of the laws of 1998, subsection (d) as amended by chapter 207 of the 26 laws of 2019, is amended to read as follows: 27 § 210. Annual consumer guide of health insurers, and entities certi- 28 fied pursuant to article forty-four of the public health law. 29 (a) The superintendent shall annually publish on or before September 30 first, nineteen hundred ninety-nine, and annually thereafter, a consumer 31 guide to insurers providing managed care products, individual accident 32 and health insurance or group or blanket accident and health insurance 33 and entities licensed pursuant to article forty-four of the public 34 health law providing comprehensive health service plans which includes, 35 in detail, a ranking from best to worst based upon each company's claim 36 processing or medical payments record during the preceding calendar year 37 using criteria available to the department, adjusted for volume of 38 coverage provided. Such ranking shall also take into consideration the 39 corresponding total number or percentage of claims denied which were 40 reversed or compromised after intervention by the department and the 41 department of health, consumer complaints to the department and the 42 department of health, violations of section three thousand two hundred 43 twenty-four-a of this chapter and other pertinent data which would 44 permit the department to objectively determine a company's performance. 45 The department in publishing such consumer guide shall publish one 46 state-wide guide or no more than five regional guides so as to facili- 47 tate comparisons among individual insurers and entities within a service 48 market area. Such rankings shall be printed in a format which ranks all 49 health insurers and all entities certified pursuant to article forty- 50 four of the public health law in one combined list. 51 (b) [Beginning September first, nineteen hundred ninety-nine and annu-52ally thereafter, the] The superintendent shall include in such guideS. 9008 81 A. 10008 1 annually, and insurers and entities certified pursuant to article 2 forty-four of the public health law shall provide to the superintendent 3 the information required for such guide in a timely fashion, the follow- 4 ing information: 5 (1) The number of grievances filed pursuant to section forty-four 6 hundred eight-a of the public health law, section three thousand two 7 hundred seventeen-d of this chapter, section four thousand three hundred 8 six-c of this chapter, or article forty-eight of this chapter and the 9 number of such grievances in which an adverse determination of the 10 insurer or entity was reversed in whole or in part versus the number of 11 such determinations which were upheld; [and] 12 (2) Beginning September first, two thousand twenty-seven, the number 13 of approvals and the number of adverse determinations in whole or part 14 issued by utilization review agents pursuant to section forty-nine 15 hundred three of the public health law or section four thousand nine 16 hundred three of this chapter; and 17 (3) The number of appeals to utilization review determinations [which] 18 that were filed pursuant to [article forty-nine of the public health law19or article forty-nine] section forty-nine hundred four of the public 20 health law and section four thousand nine hundred four of this chapter 21 and the number of such determinations [which] that were reversed in 22 whole or in part versus the number of such determinations [which] that 23 were upheld. 24 (c) Beginning September first, nineteen hundred ninety-nine and annu- 25 ally thereafter, in addition to the information required in subsections 26 (a) and (b) of this section, the superintendent, in conjunction with the 27 commissioner of health, in consultation with the National Committee on 28 Quality Assurance or a similar national organization, shall include in 29 such guide the following additional information, for the most recent 30 year in which such information is available and where applicable, for 31 health insurers, health insurers providing managed care products and 32 entities certified under article forty-four of the public health law 33 providing comprehensive health service plans pursuant to such article: 34 (1) the percentage of physicians who are either board certified or 35 board eligible; 36 (2) the percentage of primary care physicians who remained participat- 37 ing providers, provided however, that such percentage shall exclude 38 voluntary terminations due to physician retirement, relocation or other 39 similar reasons; 40 (3) the percentage of enrollees aged twenty-three to thirty-nine and 41 forty to sixty-four who had one or more visits to a health plan practi- 42 tioner during the three years of their continual enrollment. 43 (4) the methods used to compensate primary care physicians and other 44 providers, provided however, that nothing in this section shall be 45 construed to require disclosure of the specific details of any financial 46 arrangement between the insurer or entity and an individual provider or 47 practice; 48 (5) the national accreditation status of insurers and entities, where 49 applicable; 50 (6) indices of the quality of care provided, such as the rates of 51 mammography, prostate, and cervical cancer screening, prenatal care, 52 well-child care, immunization and such other information collected by 53 the commissioner of health through the health plan employer data and 54 information set (HEDIS); or through the quality assurance reporting 55 requirements for entities not otherwise required to collect and report 56 health plan employer data and information set (HEDIS) data;S. 9008 82 A. 10008 1 (7) the results of a consumer satisfaction survey among enrollees of 2 the various health insurers and entities, which shall be conducted by 3 the superintendent and commissioner of health, in consultation with the 4 National Committee on Quality Assurance or a similar national organiza- 5 tion; 6 (8) a toll-free telephone number for each health insurer or plan; 7 (9) toll-free telephone numbers at the department and the department 8 of health to which consumers can make complaints about insurers or enti- 9 ties; and 10 (10) except as required in paragraph seven of this subsection, health 11 insurers and entities certified pursuant to article forty-four of the 12 public health law shall report the information required under this 13 subdivision to the commissioner of health, and the commissioner shall 14 provide such information to the superintendent for inclusion in the 15 annual consumer guide. 16 (d) Beginning September first, two thousand twenty-seven and annually 17 thereafter, in addition to the information required in subsections (a), 18 (b), and (c) of this section, the superintendent shall include in such 19 guide, and insurers and entities certified pursuant to article forty- 20 four of the public health law shall provide to the superintendent, in a 21 form and manner specified by the superintendent, the information 22 required for such guide in a timely fashion, the following information 23 regarding pre-authorization requests under article forty-nine of the 24 public health law or article forty-nine of this chapter: 25 (1) the number of pre-authorization requests received under section 26 forty-nine hundred three of the public health law and section four thou- 27 sand nine hundred three of this chapter; 28 (2) the number of pre-authorization requests for which an authori- 29 zation was issued under section forty-nine hundred three of the public 30 health law and section four thousand nine hundred three of this chapter; 31 (3) the number of pre-authorization requests for which an adverse 32 determination was issued in whole or part under section forty-nine 33 hundred three of the public health law and section four thousand nine 34 hundred three of this chapter; 35 (4) the number of pre-authorization requests for which an adverse 36 determination was appealed under section forty-nine hundred four of the 37 public health law and section four thousand nine hundred four of this 38 chapter; 39 (5) the number of pre-authorization requests for which an adverse 40 determination was reversed on appeal in whole or part under section 41 forty-nine hundred four of the public health law and section four thou- 42 sand nine hundred four of this chapter; 43 (6) the number of pre-authorization requests for which an adverse 44 determination was upheld under section forty-nine hundred four of the 45 public health law and section four thousand nine hundred four of this 46 chapter; 47 (7) the twenty-five current procedural terminology codes with the 48 highest number of pre-authorization requests and the percentage of 49 authorizations for each of these current procedural terminology codes 50 under section forty-nine hundred three of the public health law and 51 section four thousand nine hundred three of this chapter; 52 (8) the twenty-five current procedural terminology codes with the 53 highest number of pre-authorization requests for which an authorization 54 was issued under section forty-nine hundred three of the public health 55 law and section four thousand nine hundred three of this chapter;S. 9008 83 A. 10008 1 (9) the twenty-five current procedural terminology codes with the 2 highest number of pre-authorization requests under section forty-nine 3 hundred three of the public health law and section four thousand nine 4 hundred three of this chapter for which an adverse determination was 5 issued in whole or part but that was reversed by an appeal, in whole or 6 part, under section forty-nine hundred four of the public health law and 7 section four thousand nine hundred four of this chapter; and 8 (10) the twenty-five current procedural terminology codes with the 9 highest number of pre-authorization requests for which an adverse deter- 10 mination was issued in whole or part under section forty-nine hundred 11 three of the public health law and section four thousand nine hundred 12 three of this chapter. 13 (e) Health insurers and entities certified pursuant to article forty- 14 four of the public health law shall provide annually to the superinten- 15 dent and the commissioner of health, and the commissioner of health 16 shall provide to the superintendent by March first of each year, all of 17 the information necessary for the superintendent to produce the annual 18 consumer guide. In compiling the guide, the superintendent shall make 19 every effort to ensure that the information is presented in a clear, 20 understandable fashion [which] that facilitates comparisons among indi- 21 vidual insurers and entities, and in a format [which] that lends itself 22 to the widest possible distribution to consumers. The superintendent 23 shall either include the information from the annual consumer guide in 24 the consumer shopping guide required by subsection (a) of section four 25 thousand three hundred twenty-three of this chapter or combine the two 26 guides as long as consumers in the individual market are provided with 27 the information required by subsection (a) of section four thousand 28 three hundred twenty-three of this chapter. 29 [(e)] (f) The superintendent shall contract with a national organiza- 30 tion for the purposes of drafting and designing the guide, including the 31 preparation of relevant explanatory material. Such organization shall 32 have actual experience in preparing a similar guide for at least one 33 other state. The superintendent, in consultation with the commissioner 34 of health, may also contract with one or more national organizations to 35 assist such commissioner in the collection of data and the analysis and 36 auditing of the clinical measurers. Such organizations shall consult 37 periodically with associations representing health insurers and health 38 maintenance organizations as well as with consumer representatives in 39 New York in preparing the consumer guide. 40 § 2. This act shall take effect immediately. 41 SUBPART B 42 Section 1. Subsection (f) of section 4804 of the insurance law, as 43 added by chapter 705 of the laws of 1996, is amended to read as follows: 44 (f) If a new insured whose health care provider is not a member of the 45 insurer's in-network benefits portion of the provider network enrolls in 46 the managed care product, the insurer shall permit the insured to 47 continue an ongoing course of treatment with the insured's current 48 health care provider during a transitional period of up to [sixty] nine- 49 ty days from the effective date of enrollment[, if (1) the insured has a50life-threatening disease or condition or a degenerative and disabling51disease or condition or (2)]. If the insured [has entered the second52trimester of pregnancy] is pregnant at the time of enrollment, [in which53case] the transitional period shall include the provision of [post-par-54tum] care for the duration of the pregnancy and postpartum care directlyS. 9008 84 A. 10008 1 related to the delivery. If an insured elects to continue to receive 2 care from such health care provider pursuant to this paragraph, such 3 care shall be authorized by the insurer for the transitional period only 4 if the health care provider agrees: (A) to accept reimbursement from the 5 insurer at rates established by the insurer as payment in full, which 6 rates shall be no more than the level of reimbursement applicable to 7 similar providers within the in-network benefits portion of the insur- 8 er's network for such services; (B) to adhere to the insurer's quality 9 assurance requirements and agrees to provide to the insurer necessary 10 medical information related to such care; and (C) to otherwise adhere to 11 the insurer's policies and procedures including, but not limited to, 12 procedures regarding referrals and obtaining pre-authorization and a 13 treatment plan approved by the insurer. In no event shall this 14 subsection be construed to require an insurer to provide coverage for 15 benefits not otherwise covered or to diminish or impair pre-existing 16 condition limitations contained within the insured's contract. 17 § 2. Paragraph (f) of subdivision 6 of section 4403 of the public 18 health law, as added by chapter 705 of the laws of 1996, is amended to 19 read as follows: 20 (f) If a new enrollee whose health care provider is not a member of 21 the health maintenance organization's provider network enrolls in the 22 health maintenance organization, the organization shall permit the 23 enrollee to continue an ongoing course of treatment with the enrollee's 24 current health care provider during a transitional period of up to 25 [sixty] ninety days from the effective date of enrollment[, if (i) the26enrollee has a life-threatening disease or condition or a degenerative27and disabling disease or condition or (ii)]. If the enrollee [has28entered the second trimester of pregnancy] is pregnant at the effective 29 date of enrollment, [in which case] the transitional period shall 30 include the provision of [post-partum] care for the duration of the 31 pregnancy and postpartum care directly related to the delivery. If an 32 enrollee elects to continue to receive care from such health care 33 provider pursuant to this paragraph, such care shall be authorized by 34 the health maintenance organization for the transitional period only if 35 the health care provider agrees: (A) to accept reimbursement from the 36 health maintenance organization at rates established by the health main- 37 tenance organization as payment in full, which rates shall be no more 38 than the level of reimbursement applicable to similar providers within 39 the health maintenance organization's network for such services; (B) to 40 adhere to the organization's quality assurance requirements and agrees 41 to provide to the organization necessary medical information related to 42 such care; and (C) to otherwise adhere to the organization's policies 43 and procedures including, but not limited to, procedures regarding 44 referrals and obtaining pre-authorization and a treatment plan approved 45 by the organization. In no event shall this paragraph be construed to 46 require a health maintenance organization to provide coverage for bene- 47 fits not otherwise covered or to diminish or impair pre-existing condi- 48 tion limitations contained within the subscriber's contract. 49 § 3. This act shall take effect on the first of January next succeed- 50 ing the date on which it shall have become a law and shall apply to 51 policies issued, renewed, modified, or amended on or after such date. 52 SUBPART CS. 9008 85 A. 10008 1 Section 1. Subsection (a) of section 3242 of the insurance law, as 2 added by section 1 of subpart C of part J of chapter 57 of the laws of 3 2019, is amended to read as follows: 4 (a) Every insurer that delivers or issues for delivery in this state a 5 policy that provides coverage for prescription drugs shall, with respect 6 to the prescription drug coverage, publish an up-to-date, accurate, and 7 complete list of all covered prescription drugs on its formulary drug 8 list, including any tiering structure that it has adopted and any 9 restrictions on the manner in which a prescription drug may be obtained, 10 in a manner that is easily accessible to insureds [and], prospective 11 insureds, health care providers, and other interested parties. The 12 formulary drug list shall clearly identify the preventive prescription 13 drugs that are available without annual deductibles or coinsurance, 14 including co-payments. A formulary drug list shall only be considered 15 easily accessible if: 16 (1) it can be viewed on the insurer's public website without requiring 17 an individual to create or access an account or enter a password or to 18 be covered under an insurance policy issued by the insurer; and 19 (2) an individual can easily discern which formulary drug list applies 20 to which plan, if an insurer offers more than one plan. 21 § 2. Subsection (a) of section 4329 of the insurance law, as added by 22 section 2 of subpart C of part J of chapter 57 of the laws of 2019, is 23 amended to read as follows: 24 (a) Every corporation subject to the provisions of this article that 25 issues a contract that provides coverage for prescription drugs shall, 26 with respect to the prescription drug coverage, publish an up-to-date, 27 accurate, and complete list of all covered prescription drugs on its 28 formulary drug list, including any tiering structure that it has adopted 29 and any restrictions on the manner in which a prescription drug may be 30 obtained, in a manner that is easily accessible to insureds [and], 31 prospective insureds, health care providers, and other interested 32 parties. The formulary drug list shall clearly identify the preventive 33 prescription drugs that are available without annual deductibles or 34 coinsurance, including co-payments. A formulary drug list shall only be 35 considered easily accessible if: 36 (1) it can be viewed on the corporation's public website without 37 requiring an individual to create or access an account or enter a pass- 38 word or to be covered under an insurance policy issued by the corpo- 39 ration; and 40 (2) an individual can easily discern which formulary drug list applies 41 to which plan, if a corporation offers more than one plan. 42 § 3. This act shall take effect on the first of January next succeed- 43 ing the date on which it shall have become a law and shall apply to 44 policies issued, renewed, modified or amended on or after such date. 45 SUBPART D 46 Section 1. Subsection (b-3) of section 4900 of the insurance law is 47 relettered subsection (b-4) and a new subsection (b-3) is added to read 48 as follows: 49 (b-3) "Chronic health condition" means a condition that is expected to 50 last for at least one year and requires ongoing treatment to effectively 51 manage the condition or prevent an adverse health event. 52 § 2. Subsection (f) of section 4905 of the insurance law, as added by 53 chapter 705 of the laws of 1996, is amended read as follows:S. 9008 86 A. 10008 1 (f) Utilization review shall not be conducted more frequently than is 2 reasonably required to assess whether the health care services under 3 review are medically necessary provided, however, that utilization 4 review shall not be conducted more than once per year for a course of 5 treatment for a chronic health condition starting from the date of a 6 pre-authorization approval for the course of treatment. 7 § 3. Subdivision 2-c of section 4900 of the public health law is 8 renumbered subdivision 2-d and a new subdivision 2-c is added to read as 9 follows: 10 (2-c) "Chronic health condition" means a condition that is expected to 11 last for at least one year and requires ongoing treatment to effectively 12 manage the condition or prevent an adverse health event. 13 § 4. Subdivision 6 of section 4905 of the public health law, as added 14 by chapter 705 of the laws of 1996, is amended to read as follows: 15 6. Utilization review shall not be conducted more frequently than is 16 reasonably required to assess whether the health care services under 17 review are medically necessary provided, however, that utilization 18 review shall not be conducted more than once per year for a course of 19 treatment for a chronic health condition starting from the date of a 20 pre-authorization approval for the course of treatment. 21 § 5. This act shall take effect on the first of January next succeed- 22 ing the date on which it shall have become a law and shall apply to 23 policies issued, renewed, modified, or amended on or after such date. 24 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 25 sion, section or part of this act shall be adjudged by any court of 26 competent jurisdiction to be invalid, such judgment shall not affect, 27 impair, or invalidate the remainder thereof, but shall be confined in 28 its operation to the clause, sentence, paragraph, subdivision, section 29 or part thereof directly involved in the controversy in which such judg- 30 ment shall have been rendered. It is hereby declared to be the intent of 31 the legislature that this act would have been enacted even if such 32 invalid provisions had not been included herein. 33 § 3. This act shall take effect immediately; provided, however, that 34 the applicable effective date of Subparts A through D of this act shall 35 be as specifically set forth in the last section of such Subparts. 36 PART II 37 Section 1. Section 2336 of the insurance law is amended by adding a 38 new subsection (i) to read as follows: 39 (i) (1) Any schedule or rating plan for motor vehicle insurance 40 submitted to the superintendent shall provide for an actuarially appro- 41 priate reduction in premium charges for bodily injury liability, proper- 42 ty damage liability, personal injury protection, medical payments, and 43 collision coverage with respect to a motor vehicle equipped with a dash- 44 board camera. A "dashboard camera" means a dashboard-mounted video 45 recording device capable of continuous loop recording with a minimum 46 resolution of 1080p, designed to capture footage of the road ahead of 47 the motor vehicle. 48 (2) To qualify for the discount, an insurer shall require that the 49 policyholder submit proof of installation and operation of the dashboard 50 camera. A policyholder's failure to maintain an operational dashboard 51 camera shall result in the forfeiture of the discount at the next policy 52 renewal, unless the insurer reinstates the discount upon proof of 53 compliance.S. 9008 87 A. 10008 1 § 2. This act shall take effect on the one hundred eightieth day after 2 it shall have become a law. Effective immediately, the addition, amend- 3 ment and/or repeal of any rule or regulation necessary for the implemen- 4 tation of this act on its effective date are authorized to be made and 5 completed on or before such effective date. 6 PART JJ 7 Section 1. The banking law is amended by adding a new article 14-AA to 8 read as follows: 9 ARTICLE XIV-AA 10 STUDENT LOAN PROTECTIONS AND DISCLOSURES 11 Section 726. Definitions. 12 727. Cosigner release. 13 728. Required communications from private student lenders. 14 729. Documents and records. 15 730. Other requirements applicable to cosigners. 16 731. Required disclosures. 17 732. Enforcement and penalties. 18 733. Rules and regulations. 19 734. Severability. 20 § 726. Definitions. For the purposes of this article, the following 21 terms shall have the following meanings: 22 1. "Borrower" has the same meaning as set forth in section seven 23 hundred ten of this chapter; provided, however, for purposes of sections 24 seven hundred twenty-seven, seven hundred twenty-eight, and seven 25 hundred twenty-nine of this article, the term "borrower" shall exclude a 26 cosigner. 27 2. "Cosigner" means an individual who is liable for the loan obli- 28 gation of another, regardless of how the individual is designated in the 29 loan contract or instrument with respect to that obligation, including 30 an obligation under a private student loan extended to consolidate a 31 borrower's preexisting private student loan. "Cosigner" includes an 32 individual whose signature is requested as a condition to grant credit 33 or forbear a collection. "Cosigner" does not include a spouse of a 34 borrower or cosigner whose signature is needed solely to perfect the 35 security interest in the loan. 36 3. "Cosigner release" means the act of releasing a cosigner from their 37 obligations relating to a student loan. 38 4. "Exempt organization" has the same meaning as set forth in section 39 seven hundred ten of this chapter. 40 5. "Federal student loan" means a student loan made, insured, or guar- 41 anteed under Title IV of the Higher Education Act of 1965 (20 U.S.C. §§ 42 1070 et seq.). 43 6. "Private student lender" means any person or entity, including an 44 educational institution, that is not an exempt organization and is: 45 (a) engaged in the business of making or acquiring private student 46 loans; or 47 (b) an administrative or collateral agent of a private student lender, 48 including a student loan servicer. 49 7. "Private student loan" means a student loan that is not made, 50 insured, or guaranteed under Title IV of the Higher Education Act of 51 1965 (20 U.S.C. §§ 1070 et seq.). 52 8. "Student loan" has the same meaning as set forth in section seven 53 hundred ten of this chapter.S. 9008 88 A. 10008 1 9. "Student loan servicer" has the same meaning as set forth in 2 section seven hundred ten of this chapter. 3 § 727. Cosigner release. 1. (a) A private student lender that makes or 4 acquires any private student loans with a cosigner shall disclose, 5 clearly and conspicuously in writing, in a form that the consumer may 6 keep, the specific and reasonable criteria for cosigner release. 7 (b) The private student lender shall provide the disclosures required 8 by this section prior to execution of the private student loan agreement 9 by the borrower and shall provide them together with any other disclo- 10 sures. 11 (c) The disclosures required by this section may be provided to the 12 consumer in electronic form. 13 2. (a) For any private student loan made after the effective date of 14 this section, a private student lender shall not require proof of more 15 than twenty-four consecutive, on-time payments as part of the criteria 16 for cosigner release. 17 (b) A borrower who has paid the equivalent of twenty-four months of 18 principal and interest payments within any twenty-four-month period is 19 deemed to have satisfied the consecutive, on-time payment requirement 20 even if the borrower has not made payments monthly during the twenty- 21 four-month period. 22 3. Within thirty days after the borrower has met the payment criteria 23 to be eligible for cosigner release, the private student lender shall 24 send the borrower and cosigner a written notification by United States 25 mail that they have met the payment requirements for cosigner release. 26 For a borrower or cosigner who has elected to receive electronic commu- 27 nications from the private student lender, the private student lender 28 shall send such notification in all electronic communication formats for 29 which the private student lender has the borrower's or cosigner's 30 contact information. The notification shall disclose any additional 31 requirements for the borrower or cosigner to qualify for cosigner 32 release and the process for meeting those requirements and applying for 33 cosigner release. 34 4. A private student lender shall provide written notice to a borrower 35 and cosigner within thirty days after receipt of an incomplete applica- 36 tion for cosigner release from such borrower or cosigner that the appli- 37 cation is incomplete. Such written notice shall describe the information 38 needed to complete the application and the date by which the applicant 39 must provide the missing information, which shall be a minimum of thirty 40 days after such notice is sent to the borrower and cosigner. 41 5. Within thirty days after a borrower or cosigner submits a complete 42 application for cosigner release to a private student lender, the 43 private student lender shall send the borrower and cosigner a written 44 notice of either the approval or denial of the cosigner release applica- 45 tion. A notice of a denial of an application issued pursuant to this 46 subdivision shall describe with specificity the reason for the denial 47 and any action the borrower or cosigner must take to obtain approval. 48 § 728. Required communications from private student lenders. 1. Prior 49 to originating a private student loan, a private student lender shall 50 provide to all cosigner applicants information about the rights and 51 responsibilities of the cosigner of the loan, including: 52 (a) how the private student lender will furnish information about the 53 cosigner's private student loan obligation to credit reporting agencies; 54 (b) how the cosigner will be notified if the private student loan 55 becomes delinquent and how the cosigner can cure the delinquency toS. 9008 89 A. 10008 1 avoid negative credit reporting and loss of cosigner release eligibil- 2 ity; 3 (c) whether the private student lender offers cosigner release; 4 (d) all criteria for cosigner release, including the number of 5 payments for the private student lender to release the cosigner from the 6 loan obligation; and 7 (e) the process for applying for cosigner release. 8 2. Private student lenders shall send to borrowers and cosigners annu- 9 al written notices containing all information about cosigner release set 10 forth in subdivision one of this section. 11 3. Private student lenders shall send to borrowers and cosigners writ- 12 ten notices containing information about cosigner release set forth in 13 subdivision one of this section, upon request of the borrower or cosig- 14 ner. 15 § 729. Documents and records. 1. A private student lender shall keep 16 documents and records for each private student loan sufficient to demon- 17 strate the extent to which the borrower and the cosigner have fulfilled 18 the private student lender's criteria for cosigner release, including 19 any requirement for monthly payments. 20 2. (a) A private student lender shall make available to a cosigner of 21 a private student loan all documents and records related to that private 22 student loan that the private student lender has made available to the 23 borrower. 24 (b) If a private student lender offers electronic access to documents 25 and records to a borrower of a private student loan, it shall offer 26 equivalent electronic access to any cosigner of that private student 27 loan. 28 3. Within fifteen days of receiving a request, whether oral or writ- 29 ten, from a borrower or cosigner in relation to a private student loan 30 for redaction of the requesting obligor's contact information from 31 communications to any other obligor of such private student loan, the 32 private student lender shall so redact the contact information of the 33 requesting obligor. 34 § 730. Other requirements applicable to cosigners. 1. A student lender 35 shall not impose any restriction on any borrower or cosigner that may 36 permanently preclude cosigner release, including by restricting the 37 number of times a borrower or cosigner may apply for cosigner release. 38 2. If a borrower or cosigner makes any request for action that would 39 negatively affect eligibility for cosigner release, the private student 40 lender shall so notify the borrower and cosigner in writing within ten 41 days and grant the borrower or cosigner no less than thirty days to 42 rescind, withdraw, or cancel the request. 43 § 731. Required disclosures. 1. In connection with refinancing of one 44 or more student loans at least one of which is a federal student loan, 45 the private student lender shall disclose to the borrower, clearly and 46 conspicuously, contemporaneously with the provision of an application to 47 the borrower or with a solicitation for a private student loan if no 48 application is required or provided, benefits that the borrower may be 49 forfeiting by refinancing a federal student loan, including income-dri- 50 ven repayment options, opportunities for loan forgiveness, forbearance 51 or deferment options, interest subsidies, and tax benefits. 52 2. Contemporaneously with the approval of a private student loan 53 application, and before the loan transaction is consummated, the private 54 student lender shall disclose to the borrower, clearly and conspicuous- 55 ly:S. 9008 90 A. 10008 1 (a) a list containing each student loan to be refinanced, which shall 2 identify whether the student loan is a private student loan or a federal 3 student loan; and 4 (b) benefits that the borrower may be forfeiting by refinancing a 5 federal student loan, including income-driven repayment options, oppor- 6 tunities for loan forgiveness, forbearance or deferment options, inter- 7 est subsidies, and tax benefits. 8 § 732. Enforcement and penalties. 1. Without limiting any power grant- 9 ed to the superintendent under any other provision of this chapter, the 10 superintendent may, after notice and hearing, require any person found 11 violating the provisions of this article or the rules or regulations 12 promulgated hereunder to pay to the people of this state a penalty not 13 to exceed: (a) two thousand five hundred dollars for each violation and 14 for each day during which such violation continues, or, in connection 15 with such violation, for each day a disclosure or notice mandated by 16 this article continues not to be provided to a borrower; or (b) where 17 such violation is willful, ten thousand dollars for each violation and 18 for each day during which such violation continues, or, in connection 19 with such violation, for each day a disclosure or notice mandated by 20 this article continues not to be provided to a borrower. 21 2. The superintendent shall not impose or collect any penalty under 22 section forty-four of this chapter in addition to any penalty for the 23 same act or omission that is imposed under this section. 24 § 733. Rules and regulations. In addition to such powers as may other- 25 wise be prescribed by this chapter, the superintendent of financial 26 services is hereby authorized and empowered to promulgate such rules and 27 regulations as may in the judgment of the superintendent be consistent 28 with the purposes of this article, or appropriate for the effective 29 administration of this article. 30 § 734. Severability. If any provision of this article or the applica- 31 tion thereof to any person or circumstances is held to be invalid, such 32 invalidity shall not affect other provisions or applications of this 33 article which can be given effect without the invalid provision or 34 application, and to this end the provisions of this article are severa- 35 ble. 36 § 2. This act shall take effect one year after it shall have become a 37 law. 38 PART KK 39 Section 1. Section 2329 of the insurance law, as amended by chapter 40 182 of the laws of 2023, is amended to read as follows: 41 § 2329. Motor vehicle insurance rates; excess profits. In accordance 42 with regulations prescribed by the superintendent, each insurer issuing 43 policies that are subject to article fifty-one of this chapter, includ- 44 ing policies of motor vehicle personal injury liability insurance or 45 policies of motor vehicle property damage liability insurance or insur- 46 ance for loss or damage to a motor vehicle, shall establish a fair, 47 practicable, and nondiscriminatory plan for refunding or otherwise cred- 48 iting to those purchasing such policies their share of the insurer's 49 excess profit, if any, on such policies. An excess profit shall be a 50 profit beyond a percentage rate of return on net worth attributable to 51 such policies, computed in accordance with the regulation required by 52 section two thousand three hundred twenty-three of this article, and 53 determined by the superintendent to be so far above a reasonable average 54 profit as to amount to an excess profit, taking into consideration theS. 9008 91 A. 10008 1 fact that losses or profits below a reasonable average profit will not 2 be recouped from such policyholders. Each plan shall apply to policy 3 periods for the periods January first, nineteen hundred seventy-four 4 through August second, two thousand one, and the effective date of the 5 property/casualty insurance availability act through June thirtieth, two 6 thousand [twenty-six] twenty-nine. In prescribing such regulations the 7 superintendent may limit the duration of such plans, waive any require- 8 ment for refund or credit that the superintendent determines to be de 9 minimis or impracticable, adopt forms of returns that shall be made to 10 the superintendent in order to establish the amount of any refund or 11 credit due, establish periods and times for the determination and 12 distribution of refunds and credits, and shall provide that insurers 13 receive appropriate credit against any refunds or credits required by 14 any such plan for policyholder dividends and for return premiums that 15 may be due under rate credit or retrospective rating plans based on 16 experience. 17 § 2. This act shall take effect immediately. 18 PART LL 19 Section 1. Section 4 of chapter 495 of the laws of 2004, amending the 20 insurance law and the public health law relating to the New York state 21 health insurance continuation assistance demonstration project, as 22 amended by section 1 of part S of chapter 58 of the laws of 2025, is 23 amended to read as follows: 24 § 4. This act shall take effect on the sixtieth day after it shall 25 have become a law; provided, however, that this act shall remain in 26 effect until July 1, [2026] 2027 when upon such date the provisions of 27 this act shall expire and be deemed repealed; provided, further, that a 28 displaced worker shall be eligible for continuation assistance retroac- 29 tive to July 1, 2004. 30 § 2. This act shall take effect immediately. 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 LL of this act shall be 42 as specifically set forth in the last section of such Parts.
Policy Tracker
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2026-2027 state fiscal year; extends provisions of law relating to certain costs of the department of motor vehicles (Part A); extends the accident prevention course internet technology pilot program (Part B); requires applicants complete a motorcycle rider safety course prior to receiving a class M license (Part C); requires the installation of intelligent speed assistance devices for repeated violations of maximum speed limits (Part D); extends provisions of law relating to demonstrations and testing of autonomous vehicles (Part E); creates certain crimes against highway workers and intrusion into a work zone; establishes penalties for such crimes including license suspension (Part F); expands the automated work zone speed enforcement program utilizing photo speed violation monitoring systems to include all New York highways (Part G); extends provisions of law relating to certain tax increment financing provisions (Part H); authorizes the MTA to conduct environmental reviews under SEQRA for the crosstown extension of the Second Avenue subway project in two stages (Part I); enacts the dairy promotion act; enacts provisions related to the marketing of agricultural products in New York state; repeals certain provisions relating thereto (Part J); extends the refundability of the investment tax credit for farmers (Part K); relates to the green jobs-green New York program (Part L); requires gas, electric, steam and water-works corporations to provide an executive compensation disclosure; limits retention of revenues derived from their actual return on equity in excess of authorized rates of return by gas, electric, or combination gas and electric corporations; prohibits public utilities from using funds or being reimbursed by funds raised from ratepayers for certain activities (Part N); alleviates the impact of rate compression on all customers; establishes limitations on make whole provisions for any period beyond the initial suspension period (Part O); establishes an energy affordability index; permits the public service commission to implant affordability monitors in certain gas or electric corporations; relates to the review and release of information from reports from affordability monitors (Part P); prohibits terminating utility service in multiple dwellings (Part Q); makes reforms to the state environmental quality review act relating to sustainable housing and sprawl prevention (Part R); removes the statutory caps on rebates for certain infrastructure projects and vehicle purchases by municipalities (Part S); extends the effectiveness of certain provisions of law relating to the powers and duties of the dormitory authority to establish subsidiaries (Part T); authorizes the trustees of the state university of New York to lease and contract to make available certain land on the state university of New York at Farmingdale's campus (Subpart A); authorizes the trustees of the state university of New York to lease and contract to make available certain land on the state university of New York at Stony Brook's campus (Subpart B); authorizes the lease of certain lands at SUNY college of environmental science and forestry for the purpose of building undergraduate and graduate student housing (Subpart C)(Part U); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part V); extends the loan powers of the New York state urban development corporation (Part W); requires synthetic content creations system providers to include content provenance verification on synthetic content produced or modified by a synthetic content creations system that such provider makes available (Part X); enacts the "safe by design act" related to children's online safety; requires every operator in this state to conduct age assurance to reasonably determine whether a user is a covered minor; authorizes parental controls; prohibits features that subvert the purposes of online safety for children (Part Y); enacts the data broker accountability act (Part AA); relates to premium increase explanations (Part BB); authorizes an insurer of homeowners' insurance to refile its homeowners' insurance rates if such insurer had an actual loss ratio for each of the previous two calendar years that is below the benchmark loss ratio specified by the superintendent of financial services (Part CC); requires insurers offer at least one discount on certain real property insurance policies and such insurers inform customers of certain discounts; relates to discounts on homeowners and property/casualty insurance premiums for property-specific mitigation actions (Part DD); requires annual reports on insurance for multi-family buildings (Part GG); relates to the annual consumer guide of health insurers (Subpart A); relates to ongoing treatment by an out-of-network provider during pregnancy (Subpart B); relates to accessible formulary drug lists (Subpart C); relates to utilization reviews for treatment for a chronic health condition (Subpart D) (Part HH); provides a premium deduction for motor vehicle liability, comprehensive and collision insurance rates for proof of installation and operation of a dashboard camera (Part II); relates to protections for private education loan borrowers and cosigners (Part JJ); relates to extending the policy period for excess profit refunds or credits to motor vehicle insurance policyholders through June 30, 2029 (Part KK); makes permanent provisions of law relating to the New York state health insurance continuation assistance demonstration project (Part LL); enacts the "Long Island MacArthur Airport terminal and rail integration project act" (Part NN); authorizes the New York state environmental facilities corporation to award grants and loans to non-public entities for certain water quality projects (Part OO); enacts the "food retail establishment subsidization for healthy communities act" (FRESH Communities); provides loans, loan guarantees, interest subsidies and grants to businesses, municipalities, not-for-profit corporations or local development corporations for the purpose of attracting, maintaining or permitting the expansion of food retail establishments in underserved areas (Part PP); enacts the climate resilient New York act of 2026; establishes the office of resilience and a resilience task force to assess and identify climate related threats and develop a statewide resilience plan (Part QQ); establishes the previously owned zero-emission vehicles rebate program to provide an incentive for individuals who purchase used or previously owned zero-emission vehicles (Part RR); relates to utility intervenor reimbursement; establishes the utility intervenor account (Part SS); directs the New York state energy research and development authority to establish a ride clean rebate program for electric assist bicycles and electric scooters (Part TT); directs the department of financial services to conduct a study on the banking development district program and to make recommendations to improve such program (Part UU); relates to the availability of technical assistance grants in brownfield site remedial programs; provides that the commissioner of environmental conservation shall provide grants to the New York city community board with jurisdiction over the site or to any not-for-profit corporation exempt from taxation under section 501(c)(3) of the internal revenue code at any site which may be affected by a brownfield site remedial program (Part VV); relates to the completion and funding of environmental restoration projects (Part WW); requires testing and reporting of certain groundwater, biosolids, and soil; establishes a moratorium on the sale and use of biosolids; establishes the PFAS agricultural response program and fund to assist farms found to have levels of PFAS contamination which exceed regulatory standards (Part XX); directs the department of environmental conservation to establish a perfluoroalkyl and polyfluoroalkyl substances removal treatment installation grant program; directs the department of environmental conservation to establish a perfluoroalkyl and polyfluoroalkyl substances removal treatment maintenance rebate program (Part YY); directs the MTA to establish a ten percent fare rate reduction program for veterans (Part ZZ); enacts the one city, one fare act; authorizes and directs the MTA to conduct a study on a unified, single city fare zone in New York City and to report the findings of such study to the governor and the legislature (Part AAA); provides that any person, firm, corporation, or other entity charged with the a toll violation fee may pay such tolls in full and to have any toll violation fees related to such paid tolls waived for a period of six months; limits toll violations and fees; authorizes owners, elected officials or attorneys on behalf of such owners may dispute any tolls or violation fees incurred in connection with such toll bills (Part BBB); grants the commissioner of transportation the authority to increase grant awards for airport improvement and revitalization when the total funds available for assistance support higher maximum grants (Part CCC); relates to fines imposed for failure to move over (Part DDD); increases penalties for certain speed violations (Part EEE); directs the metropolitan transportation authority, in conjunction with the New York city transit authority, to develop weekly and monthly tickets valid for optional, discounted transfers between such authorities (Part FFF); directs the New York state energy research and development authority to establish a heat pump rebate program; provides for the repeal of such provisions upon the expiration thereof (Part GGG); establishes the office of digital innovation, governance, integrity and trust (Part HHH); enacts the accelerate solar for affordable power (ASAP) act to set a new target for distributed solar energy capacity and direct the public service commission to advance reforms to the utility interconnection process to ensure timely and cost-effective integration of new distributed energy resources (Part III); provides for mass transportation payments to the Rochester-Genesee Regional Transportation District; adds Yates county to such district (Part JJJ); requires the metropolitan transportation authority to publish certain information pertaining to capital project data for projects that are committed for construction on the capital program dashboard maintained by the authority on the authority's website; requires sources of funding to be specified (Part KKK); establishes farm security resiliency grant awards (Part LLL); relates to the comprehensive state master plan for transportation (Part MMM); establishes the excelsior power program (Part NNN); clarifies jurisdiction for certain school bus stop-arm camera tickets (Part OOO).
NY · Legislation · 2025 · S09008
Legislation
Introduced
Record updated Mar 9, 2026
Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2026-2027 state fiscal year; extends provisions of law relating to certain costs of the department of motor vehicles (Part A); extends the accident prevention course internet technology pilot program (Part B); requires applicants complete a motorcycle rider safety course prior to receiving a class M license (Part C); requires the installation of intelligent speed assistance devices for repeated violations of maximum speed limits (Part D); extends provisions of law relating to demonstrations and testing of autonomous vehicles (Part E); creates certain crimes against highway workers and intrusion into a work zone; establishes penalties for such crimes including license suspension (Part F); expands the automated work zone speed enforcement program utilizing photo speed violation monitoring systems to include all New York highways (Part G); extends provisions of law relating to certain tax increment financing provisions (Part H); authorizes the MTA to conduct environmental reviews under SEQRA for the crosstown extension of the Second Avenue subway project in two stages (Part I); enacts the dairy promotion act; enacts provisions related to the marketing of agricultural products in New York state; repeals certain provisions relating thereto (Part J); extends the refundability of the investment tax credit for farmers (Part K); relates to the green jobs-green New York program (Part L); requires gas, electric, steam and water-works corporations to provide an executive compensation disclosure; limits retention of revenues derived from their actual return on equity in excess of authorized rates of return by gas, electric, or combination gas and electric corporations; prohibits public utilities from using funds or being reimbursed by funds raised from ratepayers for certain activities (Part N); alleviates the impact of rate compression on all customers; establishes limitations on make whole provisions for any period beyond the initial suspension period (Part O); establishes an energy affordability index; permits the public service commission to implant affordability monitors in certain gas or electric corporations; relates to the review and release of information from reports from affordability monitors (Part P); prohibits terminating utility service in multiple dwellings (Part Q); makes reforms to the state environmental quality review act relating to sustainable housing and sprawl prevention (Part R); removes the statutory caps on rebates for certain infrastructure projects and vehicle purchases by municipalities (Part S); extends the effectiveness of certain provisions of law relating to the powers and duties of the dormitory authority to establish subsidiaries (Part T); authorizes the trustees of the state university of New York to lease and contract to make available certain land on the state university of New York at Farmingdale's campus (Subpart A); authorizes the trustees of the state university of New York to lease and contract to make available certain land on the state university of New York at Stony Brook's campus (Subpart B); authorizes the lease of certain lands at SUNY college of environmental science and forestry for the purpose of building undergraduate and graduate student housing (Subpart C)(Part U); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part V); extends the loan powers of the New York state urban development corporation (Part W); requires synthetic content creations system providers to include content provenance verification on synthetic content produced or modified by a synthetic content creations system that such provider makes available (Part X); enacts the "safe by design act" related to children's online safety; requires every operator in this state to conduct age assurance to reasonably determine whether a user is a covered minor; authorizes parental controls; prohibits features that subvert the purposes of online safety for children (Part Y); enacts the data broker accountability act (Part AA); relates to premium increase explanations (Part BB); authorizes an insurer of homeowners' insurance to refile its homeowners' insurance rates if such insurer had an actual loss ratio for each of the previous two calendar years that is below the benchmark loss ratio specified by the superintendent of financial services (Part CC); requires insurers offer at least one discount on certain real property insurance policies and such insurers inform customers of certain discounts; relates to discounts on homeowners and property/casualty insurance premiums for property-specific mitigation actions (Part DD); requires annual reports on insurance for multi-family buildings (Part GG); relates to the annual consumer guide of health insurers (Subpart A); relates to ongoing treatment by an out-of-network provider during pregnancy (Subpart B); relates to accessible formulary drug lists (Subpart C); relates to utilization reviews for treatment for a chronic health condition (Subpart D) (Part HH); provides a premium deduction for motor vehicle liability, comprehensive and collision insurance rates for proof of installation and operation of a dashboard camera (Part II); relates to protections for private education loan borrowers and cosigners (Part JJ); relates to extending the policy period for excess profit refunds or credits to motor vehicle insurance policyholders through June 30, 2029 (Part KK); makes permanent provisions of law relating to the New York state health insurance continuation assistance demonstration project (Part LL); enacts the "Long Island MacArthur Airport terminal and rail integration project act" (Part NN); authorizes the New York state environmental facilities corporation to award grants and loans to non-public entities for certain water quality projects (Part OO); enacts the "food retail establishment subsidization for healthy communities act" (FRESH Communities); provides loans, loan guarantees, interest subsidies and grants to businesses, municipalities, not-for-profit corporations or local development corporations for the purpose of attracting, maintaining or permitting the expansion of food retail establishments in underserved areas (Part PP); enacts the climate resilient New York act of 2026; establishes the office of resilience and a resilience task force to assess and identify climate related threats and develop a statewide resilience plan (Part QQ); establishes the previously owned zero-emission vehicles rebate program to provide an incentive for individuals who purchase used or previously owned zero-emission vehicles (Part RR); relates to utility intervenor reimbursement; establishes the utility intervenor account (Part SS); directs the New York state energy research and development authority to establish a ride clean rebate program for electric assist bicycles and electric scooters (Part TT); directs the department of financial services to conduct a study on the banking development district program and to make recommendations to improve such program (Part UU); relates to the availability of technical assistance grants in brownfield site remedial programs; provides that the commissioner of environmental conservation shall provide grants to the New York city community board with jurisdiction over the site or to any not-for-profit corporation exempt from taxation under section 501(c)(3) of the internal revenue code at any site which may be affected by a brownfield site remedial program (Part VV); relates to the completion and funding of environmental restoration projects (Part WW); requires testing and reporting of certain groundwater, biosolids, and soil; establishes a moratorium on the sale and use of biosolids; establishes the PFAS agricultural response program and fund to assist farms found to have levels of PFAS contamination which exceed regulatory standards (Part XX); directs the department of environmental conservation to establish a perfluoroalkyl and polyfluoroalkyl substances removal treatment installation grant program; directs the department of environmental conservation to establish a perfluoroalkyl and polyfluoroalkyl substances removal treatment maintenance rebate program (Part YY); directs the MTA to establish a ten percent fare rate reduction program for veterans (Part ZZ); enacts the one city, one fare act; authorizes and directs the MTA to conduct a study on a unified, single city fare zone in New York City and to report the findings of such study to the governor and the legislature (Part AAA); provides that any person, firm, corporation, or other entity charged with the a toll violation fee may pay such tolls in full and to have any toll violation fees related to such paid tolls waived for a period of six months; limits toll violations and fees; authorizes owners, elected officials or attorneys on behalf of such owners may dispute any tolls or violation fees incurred in connection with such toll bills (Part BBB); grants the commissioner of transportation the authority to increase grant awards for airport improvement and revitalization when the total funds available for assistance support higher maximum grants (Part CCC); relates to fines imposed for failure to move over (Part DDD); increases penalties for certain speed violations (Part EEE); directs the metropolitan transportation authority, in conjunction with the New York city transit authority, to develop weekly and monthly tickets valid for optional, discounted transfers between such authorities (Part FFF); directs the New York state energy research and development authority to establish a heat pump rebate program; provides for the repeal of such provisions upon the expiration thereof (Part GGG); establishes the office of digital innovation, governance, integrity and trust (Part HHH); enacts the accelerate solar for affordable power (ASAP) act to set a new target for distributed solar energy capacity and direct the public service commission to advance reforms to the utility interconnection process to ensure timely and cost-effective integration of new distributed energy resources (Part III); provides for mass transportation payments to the Rochester-Genesee Regional Transportation District; adds Yates county to such district (Part JJJ); requires the metropolitan transportation authority to publish certain information pertaining to capital project data for projects that are committed for construction on the capital program dashboard maintained by the authority on the authority's website; requires sources of funding to be specified (Part KKK); establishes farm security resiliency grant awards (Part LLL); relates to the comprehensive state master plan for transportation (Part MMM); establishes the excelsior power program (Part NNN); clarifies jurisdiction for certain school bus stop-arm camera tickets (Part OOO).
Timeline
2026-03-09
S
AMEND (T) AND RECOMMIT TO FINANCE
2026-03-09
S
PRINT NUMBER 9008B
2026-02-20
S
AMEND (T) AND RECOMMIT TO FINANCE
2026-02-20
S
PRINT NUMBER 9008A
2026-01-21
S
REFERRED TO FINANCE
Bill Text
Rendered HTML Filing
Official document markup is preserved and restyled to match the active site theme.