N.Y. BNK Law § 75-M

§ 75-m. Variances and exemptions from automated teller machine\nsecurity measures. 1. Except in cities having a population of one\nmillion or more, and in accordance with the guidelines set forth in this\narticle, the superintendent, pursuant to rules and regulations\npromulgated by the superintendent, and upon written request of a banking\ninstitution, may approve variances which provide substitute security\nmeasures that are substantially as safe as the requirements of any of\nthe security measures contained in this article, or exemptions from such\nmeasures, with respect to an automated teller machine facility or\nfacilities operated by such banking institution;\n 2. In no event, however, shall the superintendent vary or exempt any\nsuch measures unless he or she shall have received the following items,\nin form and substance satisfactory to him or her:\n (a) a resolution or declaration of the governing body of the city,\nvillage, or town in which such automated teller machine facility is\nlocated consenting to any such variance or exemption; and\n (b) written certification from the banking institution's security\nofficer, appointed in accordance with federal law, that, in his or her\nprofessional judgment, either the variance will provide security\nmeasures which are substantially as safe as those which are otherwise\nrequired by this article or the exemption is warranted, as applicable;\nand\n (c) in the event the request for any such variance or exemption is\npremised upon the impracticability or burdensome expense that would\nresult from compliance with the security provisions contained in this\narticle, and such impracticability or expense is attributable to the\nmanner in which the building in which such automated teller machine\nfacility is, or is to be, located, constructed, configured or otherwise\nsituated, written certification to such effect from an expert with\ncompetence in the areas of renovation and/or design, as may be\nappropriate; and\n (d) such other evidence or information as the superintendent may, in\nhis or her sole discretion, deem appropriate or necessary.\n