Section 75-M. Variances and exemptions from automated teller machine security measures

1. Except  in  cities  having  a  population  of  one  million or more, and in accordance with the guidelines set forth in this
  article,   the   superintendent,   pursuant  to  rules  and  regulations
  promulgated by the superintendent, and upon written request of a banking
  institution, may approve variances  which  provide  substitute  security
  measures  that  are  substantially as safe as the requirements of any of
  the security measures contained in this article, or exemptions from such
  measures, with respect  to  an  automated  teller  machine  facility  or
  facilities operated by such banking institution;
    2.  In  no event, however, shall the superintendent vary or exempt any
  such measures unless he or she shall have received the following  items,
  in form and substance satisfactory to him or her:
    (a)  a  resolution  or  declaration of the governing body of the city,
  village, or town in which such  automated  teller  machine  facility  is
  located consenting to any such variance or exemption; and
    (b)  written  certification  from  the  banking institution's security
  officer, appointed in accordance with federal law, that, in his  or  her
  professional   judgment,  either  the  variance  will  provide  security
  measures which are substantially as safe as those  which  are  otherwise
  required  by  this article or the exemption is warranted, as applicable;
  and
    (c) in the event the request for any such  variance  or  exemption  is
  premised  upon  the  impracticability  or  burdensome expense that would
  result from compliance with the security provisions  contained  in  this
  article,  and  such  impracticability  or expense is attributable to the
  manner in which the building in  which  such  automated  teller  machine
  facility  is, or is to be, located, constructed, configured or otherwise
  situated, written certification to  such  effect  from  an  expert  with
  competence  in  the  areas  of  renovation  and/or  design,  as  may  be
  appropriate; and
    (d) such other evidence or information as the superintendent  may,  in
  his or her sole discretion, deem appropriate or necessary.