Bill Text: NY S04208 | 2015-2016 | General Assembly | Introduced
Bill Title: Enacts provisions relating to transportation, environmental conservation and economic development; relates to the highway and bridge trust fund and the dedicated mass transportation trust fund (Part A); relates to the infrastructure authority application fee and authorizes DOT to charge safety inspection fees (Part C); includes Ontario county transit system within the Rochester-Genesee Regional Transportation Authority District (Part D); creates the transit assistance for capital investments fund (Part E); authorizes the commissioner of transportation to extend certain hold-harmless provisions for an additional year (Part F); authorizes DOT and NYSTA to provide mutual aid and enter into shared services agreements with each other (Part G); eliminates certain requirements for registrants of overweight vehicles (Part H); relates to NYS compliance with federal regulations regarding commercial learners permits (Part I); reduces funding for certain state expenses previously paid for by the NYSTA (Part J); relates to fines and penalties for toll evasions on roads, bridges and tunnels operated by public authorities (Part K); extends various procurement rules of the MTA and NYCTA (Part L); extends authorization of the NYSUDC to administer the Empire state economic development fund (Part M); extends general loan powers of the NYSUDC (Part N); authorizes and directs the comptroller to receive for deposit to the credit of the general fund certain payments from NYSERDA (Part O); authorizes DOH to finance certain activities with revenues generated from an assessment on cable tv companies (Part R); extends the authorization of the dormitory authority to enter into certain design and construction management agreements (Part S); extends the authority of the secretary of state to charge increased fees for expedited handling of documents (Part T); eliminates the fee associated with licensing apartment information vendors/sharing agents (Part U); repeals nuisance fees and restructure license periods for certain licenses administered by the department of agriculture and markets (Part V); repeals a nuisance fee associated with water well driller registrations administered by the department of environmental conservation (Part Z); creates a new habitat conservation and access account to support fish and wildlife habitat management and public access projects (Part AA); increases the number of years a municipal transit system may finance bus purchases from five years to ten years (Part BB); relates to Buffalo adjudication (Part CC); relates to ATVs (Part DD); relates to soil and water waterfront revitalization (Part EE); relates to asbestos exemptions - municipalities (Part FF); relates to asbestos exemptions - contractors (Part GG); relates to the asbestos remediation credit (Part HH); relates to the drain tile revolving loan program (Part II); relates to the soil and water district expense reimbursement (Part JJ); relates to DERA (Part KK); relates to toll exemptions (Part LL); relates to the beginning farmer revolving loan program (Part MM); relates to beginning farmer farmland availability (Part NN); relates to the young farmer apprentice program (Part OO); relates to the Libous bridge bill (Part PP); relates to the DMV being open Saturdays (Part QQ); relates to NYSERDA grants to farm operations (Part RR); relates to the three phase power revolving loan program (Part SS); relates to the fuel cell initiative program (Part TT); relates to cap on surcharges (Part UU); relates to natural gas service expansion (Part VV); relates to green bank funds for energy efficiency installations (Part WW); relates to PSC streamlining (Part XX); relates to natural gas infrastructure replacement fund (Part YY); relates to pesticide fee parity (Part ZZ); relates to discount driver licenses for seniors (Part AAA); relates to grown in New York (Part BBB); relates to cargo facility charges (Part CCC); relates to red light camera repealer and signs (Part DDD); relates to Brooklyn zip codes including Verrazano bridge rebate (Part EEE); relates to ICC on rural transportation (Part FFF); relates to upstate transit growth rate (Part GGG); relates to clean energy rural development program (Part HHH); relates to the empire works program (Part III).
Spectrum: Committee Bill
Status: (Introduced - Dead) 2015-03-10 - REFERRED TO FINANCE [S04208 Detail]
Download: New_York-2015-S04208-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4208
2015-2016 Regular Sessions
I N S E N A T E
March 9, 2015
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
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 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); intentionally omit-
ted (Part B); to amend the transportation law, in relation to fees for
motor carriers; and to repeal certain provisions of such law relating
thereto (Part C); to amend chapter 413 of the laws of 1999, relating
to providing for mass transportation payments, in relation to includ-
ing Ontario county to the Rochester-Genesee Regional Transportation
District (Part D); to amend the state finance law, in relation to
establishing the transit assistance for capital investments fund (Part
E); authorizing the department of transportation to defer reductions
in service payments for two years (Part F); to amend the public
authorities law, in relation to the sharing of employees, services and
resources by the department of transportation and municipal corpo-
rations with the New York state thruway authority; to amend the public
authorities law and the highway law, in relation to indemnification
and defense under shared services agreements; and to amend the public
officers law, in relation to state indemnification of officers and
employees of the New York state thruway authority (Part G); to amend
the vehicle and traffic law, in relation to overweight permits (Part
H); to amend the vehicle and traffic law, the criminal procedure law
and the transportation law, in relation to the issuance of commercial
learner's permits and the disqualification of commercial driver's
licenses and commercial learner's permits (Part I); to amend public
authorities law, in relation to decreasing state responsibility for
certain costs incurred by the New York state thruway authority (Part
J); intentionally omitted (Part K); to amend the public authorities
law, in relation to procurements by the New York city transit authori-
ty and the metropolitan transportation authority (Part L); to amend
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD20017-01-5
S. 4208 2
the New York state urban development corporation act, in relation to
extending certain provisions relating to the empire state economic
development fund (Part M); 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 the effectiveness thereof (Part N); to
authorize and direct the New York state energy research and develop-
ment authority to make a payment to the general fund of up to $913,000
(Part O); intentionally omitted (Part P); intentionally omitted (Part
Q); to authorize the department of health to finance certain activ-
ities with revenues generated from an assessment on cable television
companies (Part R); to amend chapter 58 of the laws of 2012 amending
the public authorities law relating to authorizing the dormitory
authority to enter into certain design and construction management
agreements, in relation to extending certain authority of the dormito-
ry authority of the state of New York (Part S); to amend chapter 21 of
the laws of 2003, amending the executive law relating to permitting
the secretary of state to provide special handling for all documents
filed or issued by the division of corporations and to permit addi-
tional levels of such expedited service, in relation to extending the
expiration date thereof (Part T); to amend the real property law, in
relation to eliminating certain fees charged for an apartment informa-
tion vendor license (Part U); to amend the agriculture and markets
law, in relation to eliminating certain license fees (Part V); inten-
tionally omitted (Part W); intentionally omitted (Part X); inten-
tionally omitted (Part Y); to amend the environmental conservation
law, in relation to eliminating the registration fee for water well
driller certification (Part Z); to amend the state finance law and the
environmental conservation law, in relation to establishing a habitat
conservation and access account; and to repeal certain provisions of
the state finance law relating thereto (Part AA); to amend the local
finance law, in relation to establishing a ten year period of probable
usefulness for municipally owned omnibus or surface transit motor
vehicles (Part BB); to amend the vehicle and traffic law, in relation
to directing the city of Buffalo to adjudicate traffic infractions;
and in relation to certain penalties and forfeited security collected
by the city of Buffalo and granting a traffic violations agency
certain powers; to amend the general municipal law, in relation to
establishing the Buffalo traffic violations agency; to amend the state
finance law, in relation to the justice court fund; to amend the crim-
inal procedure law, in relation to a trial by judicial hearing offi-
cer; and requires the executive director of the Buffalo traffic
violations agency to annually issue a report on the progress, develop-
ment and operations of such agency (Part CC); to amend the vehicle and
traffic law, in relation to the definition of an all terrain vehicle
or "ATV" (Part DD); to amend the executive law, in relation to allow-
ing soil and water conservation districts, acting in cooperation with
a local government, to be eligible applicants for the local waterfront
revitalization grant program (Part EE); to amend the labor law, in
relation to the project notification fee imposed for asbestos removal
(Part FF); to amend the labor law, in relation to exempting contrac-
tors employed by municipalities from payment of asbestos project
notification fees for demolitions (Part GG); to amend the tax law, in
relation to providing an asbestos remediation tax credit (Part HH); to
amend the soil and water conservation districts law, in relation to
establishing a drain tile revolving loan program (Part II); to amend
S. 4208 3
the soil and water conservation districts law, in relation to desig-
nating rent, building expenses and utilities as expenses which are
reimbursable by the state (Part JJ); to amend the environmental
conservation law, in relation to the use of ultra low sulfur diesel
fuel and best available technology by the state (Part KK); to amend
the public authorities law, in relation to providing toll exemptions
for farmers transporting their goods to the city of New York (Part
LL); to amend the agriculture and markets law, in relation to the
beginning farmer revolving loan fund program (Part MM); to amend the
agriculture and markets law and the public lands law, in relation to
access to viable agricultural land for new and beginning farmers (Part
NN); to amend the education law, in relation to establishing a young
farmer apprentice program (Part OO); to amend the state finance law,
in relation to establishing the bridge and road investment and dedi-
cated fund guaranteed enforcement "BRIDGE" reform act (Part PP); to
amend part D of chapter 58 of the laws of 2013, amending the vehicle
and traffic law, relating to the hours of operation of the department
of motor vehicles, in relation to the effectiveness thereof (Part QQ);
to amend the public authorities law, in relation to payments of grants
to farm operations by NYSERDA (Part RR); to amend the state finance
law, in relation to a three phase power revolving loan program (Part
SS); to amend the public service law and the public authorities law,
in relation to establishing a fuel cell incentive program (Part TT);
to amend the public service law, in relation to limiting increases in
the amount of surcharges established by the public service commission
(Part UU); to amend the public service law, the public buildings law,
the real property tax law and the public authorities law, in relation
to expansion of natural gas service (Part VV); to require the public
service commission and the New York state energy research and develop-
ment authority to ensure Green Bank funds are available to fund
programs assisting building owners with installing energy efficient
improvements (Part WW); to amend the public service law, in relation
to jurisdiction, powers and duties of the public service commission;
in relation to the renewal or amendment of franchises; to amend
section 2 of part R of chapter 57 of the laws of 2014 amending the
public service law relating to transfers of cable franchises, in
relation to making certain provisions permanent; and repealing certain
provisions of such law relating thereto (Part XX); to amend the public
service law, in relation to establishing a natural gas safety and
infrastructure replacement program; and to amend the state finance
law, in relation to establishing a natural gas safety and infrastruc-
ture replacement fund (Part YY); to amend the environmental conserva-
tion law, in relation to pesticide applicator certifications (Part
ZZ); to amend the vehicle and traffic law, in relation to providing
for a discount on driver's license renewal fees for senior citizens
(Part AAA); to amend the agriculture and markets law, in relation to
the creation of a "Grown in New York" program campaign to increase
awareness and consumption of locally grown and produced foods and
related products and to increase the production and improve the
distribution of foods and related products for local consumption (Part
BBB); to amend the waterfront commission act, in relation to cargo
facility charges by the Port Authority of New York and New Jersey
(Part CCC); to amend the vehicle and traffic law, in relation to owner
liability and maximum speed limits; and to repeal sections 1, 1-a,
1-b, 1-c, 1-d, 2, 3, 3-a, 3-b, 3-c, 3-d, 4, 4-a, 4-b, 4-c, 5, 7, 8, 9
and 10 of chapter 43 of the laws of 2014 amending the vehicle and
S. 4208 4
traffic law and other laws relating to establishing in the counties of
Nassau and Suffolk a demonstration program implementing speed
violation monitoring systems in school speed zones by means of photo
devices relating thereto (Part DDD); to amend the public authorities
law, in relation to toll discount programs (Part EEE); to amend the
transportation law, in relation to the interagency coordinating
committee on rural public transportation (Part FFF); to amend the
state finance law, in relation to the mass transportation operating
assistance fund (Part GGG); to amend the public authorities law, in
relation to a clean energy rural development program (Part HHH); and
to amend the economic development law, in relation to establishing the
empire public works program; and to amend the state finance law, in
relation to establishing the empire public works revolving loan fund
(Part III)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2015-2016
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through III. The effective date for each partic-
5 ular provision contained within such Part is set forth in the last
6 section of such Part. Any provision in any section contained within a
7 Part, including the effective date of the Part, which makes a reference
8 to a section "of this act", when used in connection with that particular
9 component, shall be deemed to mean and refer to the corresponding
10 section of the Part in which it is found. Section three of this act sets
11 forth the general effective date of this act.
12 PART A
13 Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003
14 amending the vehicle and traffic law and other laws relating to increas-
15 ing certain motor vehicle transaction fees, as amended by section 1 of
16 part C of chapter 57 of the laws of 2014, is amended to read as follows:
17 S 13. This act shall take effect immediately; provided however that
18 sections one through seven of this act, the amendments to subdivision 2
19 of section 205 of the tax law made by section eight of this act, and
20 section nine of this act shall expire and be deemed repealed on April 1,
21 [2015] 2021; provided [further,] however, that the amendments to subdi-
22 vision 3 of section 205 of the tax law made by section eight of this act
23 shall expire and be deemed repealed on March 31, 2018; provided further,
24 however, that the provisions of section eleven of this act shall take
25 effect April 1, 2004 and shall expire and be deemed repealed on April 1,
26 [2015] 2021.
27 S 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
28 the state finance law relating to the costs of the department of motor
29 vehicles, as amended by section 2 of part C of chapter 57 of the laws of
30 2014, is amended to read as follows:
31 S 2. This act shall take effect April 1, 2002; provided, however, if
32 this act shall become a law after such date it shall take effect imme-
33 diately and shall be deemed to have been in full force and effect on and
34 after April 1, 2002; provided further, however, that this act shall
35 expire and be deemed repealed on April 1, [2015] 2021.
S. 4208 5
1 S 3. This act shall take effect immediately.
2 PART B
3 Intentionally Omitted
4 PART C
5 Section 1. Intentionally omitted.
6 S 2. Subdivision 1 of section 153 of the transportation law is
7 REPEALED and subdivisions 2, 3, 4, 5, 6, 7, 8 and 9 are renumbered
8 subdivisions 1, 2, 3, 4, 5, 6, 7 and 8.
9 S 2-a. Subdivisions 1, 6 and 7 of section 153 of the transportation
10 law, as added by chapter 635 of the laws of 1983 and as renumbered by
11 section two of this act, are amended to read as follows:
12 1. A temporary certificate of public convenience and necessity to
13 operate as a common carrier of passengers may be issued by the commis-
14 sioner after public notice and with or without hearing, except as
15 provided in [paragraphs six and eight] SUBDIVISIONS FIVE AND SEVEN of
16 this section, to an applicant upon a finding that the applicant is fit,
17 willing and able to perform a service for which there is an immediate or
18 urgent need. Such a temporary certificate of public convenience and
19 necessity may also be issued on the commissioner's own motion for the
20 purpose of experiment or demonstration when the commissioner is of the
21 opinion that such action is required by the public interest.
22 6. Notwithstanding any other provision of law, on any application for
23 temporary authority to operate a bus line originating or terminating in
24 any city, the commissioner shall, in addition to the requirements speci-
25 fied in subdivision [two] ONE of this section, also consider and evalu-
26 ate the application and any objections to the application in accordance
27 with the following criteria:
28 (a) The adequacy of the existing mass transit and mass transportation
29 facilities to meet the transportation needs of any particular segment of
30 the general public for the proposed service; and
31 (b) The impact that the proposed operation may have on any existing
32 mass transit or mass transportation facilities.
33 7. If any application to operate a van service originating or termi-
34 nating within a city is protested by the governing body of such city, a
35 bus line operating in said city or a public transportation authority
36 created pursuant to titles nine, eleven, eleven-A, eleven-B, eleven-C
37 and eleven-D of article five of the public authorities law whose terri-
38 tory or district includes said city, and a hearing is requested, such
39 hearing shall be held. Based on the evidence submitted at such hearing
40 the commissioner shall, in addition to the requirements specified in
41 subdivision [two] ONE hereof, consider and evaluate the application and
42 the objections to the application in accordance with the following
43 criteria:
44 (a) The adequacy of the existing mass transit and mass transportation
45 facilities to meet the transportation needs of any particular segment of
46 the general public for the proposed service; and
47 (b) The impact that the proposed operation may have on any existing
48 mass transit or mass transportation facilities.
49 S 3. Subdivisions 1 and 6 of section 154 of the transportation law, as
50 added by chapter 635 of the laws of 1983, are amended to read as
51 follows:
S. 4208 6
1 1. The commissioner may issue a permanent certificate of public
2 convenience and necessity to operate as a common carrier of passengers
3 to an applicant with or without hearing, except as provided in subdivi-
4 sions two and seven of this section, but upon notice to all interested
5 parties. If any application for authority to operate a bus line through
6 a county, city, village or town or in or through a territory or district
7 served by a bus line or a public transportation authority created pursu-
8 ant to titles nine, eleven, eleven-A, eleven-B, eleven-C and eleven-D of
9 article five of the public authorities law is protested by any such
10 municipality, bus line, or public transportation authority, and hearing
11 on such application is requested then no permanent authority shall be
12 granted prior to a hearing held on such application. The commissioner
13 shall consider any reasonable conditions required of the applicant by
14 such municipality regarding routing and franchise requirements and, in
15 cities having a population of over one million persons the commissioner
16 shall adopt the intracity routing requirements to the proposed destina-
17 tion point or points that are established by any such city, provided
18 that such city furnishes the routing requirements to the commissioner
19 within sixty days of the filing of the application with the department.
20 In addition the commissioner shall adopt insurance requirements provided
21 for by any such city. Except for the routing and insurance requirements
22 in cities having a population of over one million persons, the commis-
23 sioner shall impose requirements on the applicant deemed to be reason-
24 able and in the public interest as a condition to any authority granted.
25 [Applications for a permanent certificate shall be accompanied by a
26 filing fee as prescribed in section one hundred forty-four of this chap-
27 ter.] The application for a permanent certificate shall be granted if
28 the commissioner finds that:
29 (a) the applicant is fit, willing and able to provide the transporta-
30 tion to be authorized by the certificate and to comply with this chapter
31 and the regulations of the commissioner; and
32 (b) the service proposed will be required by the present or future
33 public convenience and necessity.
34 6. Any person holding a permanent certificate to provide bus line
35 service shall not discontinue service on any route unless an application
36 is made to the commissioner and the commissioner approves such applica-
37 tion upon a finding that the public convenience and necessity no longer
38 requires such bus line service. [Applications for discontinuance shall
39 be accompanied by a filing fee as prescribed in section one hundred
40 forty-four of this chapter.]
41 S 4. Subdivision 1 of section 155 of the transportation law, as added
42 by chapter 635 of the laws of 1983, is amended to read as follows:
43 1. A permanent permit to operate as a contract carrier of passengers
44 may be issued by the commissioner to an applicant with or without a
45 hearing, but upon notice to all interested parties, authorizing such
46 applicant to provide transportation as a contract carrier of passengers.
47 [Applications for a permanent permit shall be accompanied by a filing
48 fee as prescribed in section one hundred forty-four of this chapter.]
49 The application for a permanent permit shall be granted if the commis-
50 sioner finds that:
51 (a) the applicant is fit, willing and able to provide the transporta-
52 tion to be authorized by the permit and to comply with this chapter and
53 the regulations of the commissioner; and
54 (b) the proposed service is or will be consistent with the public
55 interest and the policy declared in section one hundred thirty-seven of
56 this chapter.
S. 4208 7
1 S 5. Subdivision 3 of section 156 of the transportation law, as added
2 by chapter 635 of the laws of 1983, is amended to read as follows:
3 3. Certificates or permits shall not be assigned or transferred, in
4 any manner, nor shall the right to operate under any certificate or
5 permit be leased without prior approval of the commissioner upon such
6 notice as the commissioner shall deem appropriate. The assignment,
7 transfer or lease of certificates or permits or the right to operate
8 under any certificate or permit, shall not be approved unless the
9 commissioner shall find that it is in the public interest to do so. All
10 applications for transfer or lease must be in such form as prescribed by
11 the commissioner [and be accompanied by a filing fee as prescribed in
12 section one hundred forty-four of this chapter].
13 S 6. Subdivision 1 of section 173 of the transportation law, as added
14 by chapter 635 of the laws of 1983, is amended to read as follows:
15 1. A temporary certificate or permit to operate as a common or
16 contract carrier of property may be issued by the commissioner to a
17 qualified applicant with or without a hearing for the purpose of provid-
18 ing a service for which there is an immediate or urgent need from or to
19 a point or points or within a territory. Applications for temporary
20 authority shall contain such information as the commissioner by regu-
21 lation may prescribe [and shall be accompanied by a filing fee as
22 prescribed in section one hundred forty-four of this chapter].
23 S 7. Subdivision 1 of section 174 of the transportation law, as added
24 by chapter 635 of the laws of 1983, is amended to read as follows:
25 1. A permanent certificate to operate as a common carrier of property
26 may be issued by the commissioner to a qualified applicant with or with-
27 out hearing, but upon notice to all interested parties, authorizing such
28 applicant to provide transportation as a common carrier of property.
29 Applications for a permanent certificate shall contain such information
30 as the commissioner by regulation may prescribe [and shall be accompa-
31 nied by a filing fee as prescribed in section one hundred forty-four of
32 this chapter]. The application for a permanent certificate shall be
33 granted if the commissioner finds that:
34 (a) the applicant is fit, willing and able to provide the transporta-
35 tion to be authorized by the certificate and to comply with this chapter
36 and the regulations of the commissioner; and
37 (b) that the service proposed will be required by the present or
38 future public convenience and necessity.
39 S 8. Subdivision 1 of section 175 of the transportation law, as added
40 by chapter 635 of the laws of 1983, is amended to read as follows:
41 1. A permanent permit to operate as a contract carrier of property may
42 be issued by the commissioner to an applicant with or without hearing,
43 but upon notice to all interested parties authorizing such applicant to
44 provide transportation as a contract carrier of property. [Applications
45 for a permanent permit shall be accompanied by a filing fee as
46 prescribed in section one hundred forty-four of this chapter.] The
47 application for a permanent permit shall be granted if the commissioner
48 finds that:
49 (a) the applicant is fit, willing and able to provide the transporta-
50 tion to be authorized and to comply with this chapter and the regu-
51 lations of the commissioner; and
52 (b) the proposed service to the extent authorized will be consistent
53 with the public interest and the policy declared in section one hundred
54 thirty-seven of this chapter.
55 S 9. Subdivision 3 of section 177 of the transportation law, as added
56 by chapter 635 of the laws of 1983, is amended to read as follows:
S. 4208 8
1 3. Certificates or permits shall not be assigned, transferred or
2 leased in any manner nor shall the right to operate under any certif-
3 icate or permit be leased without prior approval of the commissioner,
4 upon such notice as the commissioner shall deem appropriate. The assign-
5 ment, transfer or lease of a certificate, or the right to operate under
6 any certificate, shall not be approved unless the commissioner shall
7 find that it is in the public interest to do so. All applications for
8 assignment, transfer or lease must be in such form as prescribed by the
9 commissioner [and shall be accompanied by a filing fee as prescribed in
10 section one hundred forty-four of this chapter].
11 S 10. Subdivision 1 of section 192 of the transportation law, as added
12 by chapter 635 of the laws of 1983, is amended to read as follows:
13 1. A probationary certificate to operate as a common carrier of house-
14 hold goods by motor vehicle may be issued by the commissioner to a qual-
15 ified applicant after public notice and with or without hearing. The
16 application shall contain such information as the commissioner by regu-
17 lation shall prescribe [and the application shall be accompanied by a
18 filing fee as prescribed in section one hundred forty-four of this chap-
19 ter]. A probationary certificate shall:
20 (a) create no presumption that a corresponding permanent certificate
21 will be granted;
22 (b) confer no proprietary or property rights in the use of the high-
23 ways;
24 (c) be granted for a period not to exceed one year, which may be
25 renewed for an additional one year period by the commissioner; and
26 (d) be subject to any conditions deemed appropriate by the commission-
27 er to be in the public interest.
28 S 11. Subdivision 6 of section 193 of the transportation law, as added
29 by chapter 635 of the laws of 1983, is amended to read as follows:
30 6. Permanent certificates issued pursuant to subdivision one of this
31 section shall have no application fee. [Applications for permanent
32 certificates issued pursuant to subdivision four of this section shall
33 be accompanied by a filing fee as prescribed in section one hundred
34 forty-four of this chapter.]
35 S 12. Subdivision 3 of section 195 of the transportation law, as added
36 by chapter 635 of the laws of 1983, is amended to read as follows:
37 3. Permanent certificates shall not be assigned, transferred or leased
38 in any manner nor shall the right to operate under any such certificate
39 be leased without prior approval of the commissioner upon such notice as
40 the commissioner shall deem appropriate. The assignment, transfer or
41 lease of a permanent certificate, shall not be approved unless the
42 commissioner shall find that it is in the public interest to do so. All
43 applications for transfer or lease must be in such form as prescribed by
44 the commissioner [and shall be accompanied by a filing fee as prescribed
45 in section one hundred forty-four of this chapter].
46 S 13. This act shall take effect immediately and shall be deemed to
47 have been in full force and effect on and after April 1, 2015.
48 PART D
49 Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
50 relating to providing for mass transportation payments, as amended by
51 section 1 of part L of chapter 59 of the laws of 2006, is amended to
52 read as follows:
53 Section 1. Notwithstanding any other law, rule or regulation to the
54 contrary, payment of mass transportation operating assistance pursuant
S. 4208 9
1 to section 18-b of the transportation law shall be subject to the
2 provisions contained herein and the amounts made available therefor by
3 appropriation.
4 In establishing service and usage formulas for distribution of mass
5 transportation operating assistance, the commissioner of transportation
6 may combine and/or take into consideration those formulas used to
7 distribute mass transportation operating assistance payments authorized
8 by separate appropriations in order to facilitate program administration
9 and to ensure an orderly distribution of such funds.
10 To improve the predictability in the level of funding for those
11 systems receiving operating assistance payments under service and usage
12 formulas, the commissioner of transportation is authorized with the
13 approval of the director of the budget, to provide service payments
14 based on service and usage statistics of the preceding year.
15 In the case of a service payment made, pursuant to section 18-b of the
16 transportation law, to a regional transportation authority on account of
17 mass transportation services provided to more than one county (consider-
18 ing the city of New York to be one county), the respective shares of the
19 matching payments required to be made by a county to any such authority
20 shall be as follows:
21 Percentage of matching payment required to be provided:
22 Percentage
23 of Matching
24 Local Jurisdiction Payment
25 --------------------------------------------
26 In the Metropolitan Commuter
27 Transportation District:
28 New York City ................ 6.40
29 Dutchess ..................... 1.30
30 Nassau ....................... 39.60
31 Orange ....................... 0.50
32 Putnam ....................... 1.30
33 Rockland ..................... 0.10
34 Suffolk ...................... 25.70
35 Westchester .................. 25.10
36 In the Capital District Trans-
37 portation District:
38 Albany ....................... 56.10
39 Rensselaer ................... 23.30
40 Saratoga ..................... 4.10
41 Schenectady .................. 16.50
42 In the Central New York Re-
43 gional Transportation Dis-
44 trict:
45 Cayuga ....................... 5.11
46 Onondaga ..................... 75.83
47 Oswego ....................... 2.85
48 Oneida ....................... 16.21
49 In the Rochester-Genesee Re-
50 gional Transportation Dis-
51 trict:
52 Genesee ...................... [1.43] 1.36
53 Livingston ................... [0.94] .90
54 Monroe ....................... [94.58] 90.14
55 Wayne ........................ [1.03] .98
S. 4208 10
1 Wyoming ...................... [0.54] .51
2 Seneca ....................... [0.67] .64
3 Orleans ...................... [0.81] .77
4 ONTARIO ...................... 4.69
5 In the Niagara Frontier Trans-
6 portation District: Erie ......................... 89.20
7 Niagara ...................... 10.80
8 Notwithstanding any other inconsistent provisions of section 18-b of
9 the transportation law or any other law, any moneys provided to a public
10 benefit corporation constituting a transportation authority or to other
11 public transportation systems in payment of state operating assistance
12 or such lesser amount as the authority or public transportation system
13 shall make application for, shall be paid by the commissioner of trans-
14 portation to such authority or public transportation system in lieu, and
15 in full satisfaction, of any amounts which the authority would otherwise
16 be entitled to receive under section 18-b of the transportation law.
17 Notwithstanding the reporting date provision of section 17-a of the
18 transportation law, the reports of each regional transportation authori-
19 ty and other major public transportation systems receiving mass trans-
20 portation operating assistance shall be submitted on or before July 15
21 of each year in the format prescribed by the commissioner of transporta-
22 tion. Copies of such reports shall also be filed with the chairpersons
23 of the senate finance committee and the assembly ways and means commit-
24 tee and the director of the budget. The commissioner of transportation
25 may withhold future state operating assistance payments to public trans-
26 portation systems or private operators that do not provide such reports.
27 Payments may be made in quarterly installments as provided in subdivi-
28 sion 2 of section 18-b of the transportation law or in such other manner
29 and at such other times as the commissioner of transportation, with the
30 approval of the director of the budget, may provide; and where payment
31 is not made in the manner provided by such subdivision 2, the matching
32 payments required of any city, county, Indian tribe or intercity bus
33 company shall be made within 30 days of the payment of state operating
34 assistance pursuant to this section or on such other basis as may be
35 agreed upon by the commissioner of transportation, the director of the
36 budget, and the chief executive officer of such city, county, Indian
37 tribe or intercity bus company.
38 The commissioner of transportation shall be required to annually eval-
39 uate the operating and financial performance of each major public trans-
40 portation system. Where the commissioner's evaluation process has iden-
41 tified a problem related to system performance, the commissioner may
42 request the system to develop plans to address the performance deficien-
43 cies. The commissioner of transportation may withhold future state oper-
44 ating assistance payments to public transportation systems or private
45 operators that do not provide such operating, financial, or other infor-
46 mation as may be required by the commissioner to conduct the evaluation
47 process.
48 Payments shall be made contingent upon compliance with regulations
49 deemed necessary and appropriate, as prescribed by the commissioner of
50 transportation and approved by the director of the budget, which shall
51 promote the economy, efficiency, utility, effectiveness, and coordinated
52 service delivery of public transportation systems. The chief executive
53 officer of each public transportation system receiving a payment shall
54 certify to the commissioner of transportation, in addition to informa-
55 tion required by section 18-b of the transportation law, such other
S. 4208 11
1 information as the commissioner of transportation shall determine is
2 necessary to determine compliance and carry out the purposes herein.
3 Counties, municipalities or Indian tribes that propose to allocate
4 service payments to operators on a basis other than the amount earned by
5 the service payment formula shall be required to describe the proposed
6 method of distributing governmental operating aid and submit it one
7 month prior to the start of the operator's fiscal year to the commis-
8 sioner of transportation in writing for review and approval prior to the
9 distribution of state aid. The commissioner of transportation shall only
10 approve alternate distribution methods which are consistent with the
11 transportation needs of the people to be served and ensure that the
12 system of private operators does not exceed established maximum service
13 payment limits. Copies of such approvals shall be submitted to the
14 chairpersons of the senate finance and assembly ways and means commit-
15 tees.
16 Notwithstanding the provisions of subdivision 4 of section 18-b of the
17 transportation law, the commissioner of transportation is authorized to
18 continue to use prior quarter statistics to determine current quarter
19 payment amounts, as initiated in the April to June quarter of 1981. In
20 the event that actual revenue passengers and actual total number of
21 vehicle, nautical or car miles are not available for the preceding quar-
22 ter, estimated statistics may be used as the basis of payment upon
23 approval by the commissioner of transportation. In such event, the
24 succeeding payment shall be adjusted to reflect the difference between
25 the actual and estimated total number of revenue passengers and vehicle,
26 nautical or car miles used as the basis of the estimated payment. The
27 chief executive officer may apply for less aid than the system is eligi-
28 ble to receive. Each quarterly payment shall be attributable to operat-
29 ing expenses incurred during the quarter in which it is received, unless
30 otherwise specified by such commissioner. In the event that a public
31 transportation system ceases to participate in the program, operating
32 assistance due for the final quarter that service is provided shall be
33 based upon the actual total number of revenue passengers and the actual
34 total number of vehicle, nautical or car miles carried during that quar-
35 ter.
36 Payments shall be contingent on compliance with audit requirements
37 determined by the commissioner of transportation.
38 In the event that an audit of a public transportation system or
39 private operator receiving funds discloses the existence of an overpay-
40 ment of state operating assistance, regardless of whether such an over-
41 payment results from an audit of revenue passengers and the actual
42 number of revenue vehicle miles statistics, or an audit of private oper-
43 ators in cases where more than a reasonable return based on equity or
44 operating revenues and expenses has resulted, the commissioner of trans-
45 portation, in addition to recovering the amount of state operating
46 assistance overpaid, shall also recover interest, as defined by the
47 department of taxation and finance, on the amount of the overpayment.
48 Notwithstanding any other law, rule or regulation to the contrary,
49 whenever the commissioner of transportation is notified by the comp-
50 troller that the amount of revenues available for payment from an
51 account is less than the total amount of money for which the public mass
52 transportation systems are eligible pursuant to the provisions of
53 section 88-a of the state finance law and any appropriations enacted for
54 these purposes, the commissioner of transportation shall establish a
55 maximum payment limit which is proportionally lower than the amounts set
56 forth in appropriations.
S. 4208 12
1 Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
2 of the state finance law and any other general or special law, payments
3 may be made in quarterly installments or in such other manner and at
4 such other times as the commissioner of transportation, with the
5 approval of the director of the budget may prescribe.
6 S 2. This act shall take effect immediately and shall be deemed to
7 have been in full force and effect on and after April 1, 2015.
8 PART E
9 Section 1. The state finance law is amended by adding a new section
10 99-w to read as follows:
11 S 99-W. TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND. 1. THERE IS
12 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
13 COMMISSIONER OF TAXATION AND FINANCE A SPECIAL CAPITAL FUND TO BE KNOWN
14 AS THE "TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND".
15 2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT
16 ACCOUNT WITHIN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND:
17 METROPOLITAN TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS ACCOUNT
18 3. THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND SHALL CONSIST
19 OF $115,826,600 TRANSFERRED IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN --
20 TWO THOUSAND SIXTEEN FROM THE MASS TRANSPORTATION OPERATING ASSISTANCE
21 FUND. ANY INTEREST RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT IN
22 THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND SHALL BE RETAINED IN
23 AND BECOME A PART OF SUCH FUND.
24 4. MONEYS IN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND
25 SHALL, FOLLOWING APPROPRIATION BY THE LEGISLATURE, BE UTILIZED FOR CAPI-
26 TAL PURPOSES, INCLUDING, BUT NOT LIMITED TO THE PLANNING AND DESIGN,
27 ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REPLACEMENT, IMPROVEMENT,
28 RECONDITIONING, REHABILITATION AND PRESERVATION OF MASS TRANSIT FACILI-
29 TIES, VEHICLES, RELATED EQUIPMENT AND ROLLING STOCK WITH AN AVERAGE
30 SERVICE LIFE OF NO LESS THAN FIVE YEARS.
31 5. MONEYS DEPOSITED INTO THE METROPOLITAN TRANSIT ASSISTANCE FOR CAPI-
32 TAL INVESTMENTS ACCOUNT SHALL BE AVAILABLE TO THE METROPOLITAN TRANSPOR-
33 TATION AUTHORITY (MTA) AND TO ALL OTHER PUBLIC TRANSPORTATION SYSTEMS
34 SERVING PRIMARILY WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION
35 DISTRICT, AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC
36 AUTHORITIES LAW, ELIGIBLE TO RECEIVE OPERATING ASSISTANCE UNDER THE
37 PROVISIONS OF SECTION EIGHTEEN-B OF THE TRANSPORTATION LAW CONSISTENT
38 WITH THE USES OUTLINED IN SUBDIVISION FOUR OF THIS SECTION.
39 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO CAPITAL ASSISTANCE
40 PAYMENT AUTHORIZED UNDER THIS SECTION MAY BE APPLIED TO OPERATING
41 EXPENSES.
42 7. ALL PAYMENTS OF MONEYS FROM THE TRANSIT ASSISTANCE FOR CAPITAL
43 INVESTMENTS FUND SHALL BE MADE ON THE AUDIT AND WARRANT OF THE COMP-
44 TROLLER.
45 S 2. This act shall take effect immediately.
46 PART F
47 Section 1. Notwithstanding any other law, rule or regulation to the
48 contrary, the commissioner of transportation may approve the deferral of
49 any required reductions in service payments to unspecified public trans-
50 portation systems, pursuant to the hold-harmless provision of the State-
51 wide Mass Transportation Operating Assistance (STOA) program provided in
S. 4208 13
1 17 N.Y.C.R.R. 975.18, on an annual basis for a period of no more than
2 two years.
3 S 2. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after April 1, 2014.
5 PART G
6 Section 1. Section 351 of the public authorities law is amended by
7 adding a new subdivision 14 to read as follows:
8 14. THE TERM "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TRANSPORTATION.
9 S 2. The public authorities law is amended by adding three new
10 sections 357-b, 357-c and 357-d to read as follows:
11 S 357-B. SHARING EMPLOYEES, SERVICES AND RESOURCES. A SHARED SERVICES
12 AGREEMENT MAY BE EXECUTED BETWEEN THE AUTHORITY AND THE DEPARTMENT TO
13 SHARE EMPLOYEES, SERVICES OR RESOURCES AS DEEMED APPROPRIATE INCLUDING,
14 BUT NOT LIMITED TO, FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE
15 DEPARTMENT ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE
16 AUTHORITY, AND FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE AUTHOR-
17 ITY ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE DEPART-
18 MENT. SUCH AGREEMENT OR ANY PROJECT UNDERTAKEN PURSUANT TO SUCH AGREE-
19 MENT SHALL NOT BE DEEMED TO IMPAIR THE RIGHTS OF BONDHOLDERS AND MAY
20 PROVIDE FOR, BUT NOT BE LIMITED TO, THE MANAGEMENT, SUPERVISION AND
21 DIRECTION OF SUCH EMPLOYEES' PERFORMANCE OF SUCH SERVICES.
22 S 357-C. SHARING EMPLOYEES, SERVICES AND RESOURCES WITH MUNICIPAL
23 CORPORATIONS. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRA-
24 RY, THE DEPARTMENT OR THE AUTHORITY MAY ENTER INTO A SHARED SERVICES
25 AGREEMENT WITH THE BOARD OF ANY MUNICIPAL CORPORATION AS DEFINED IN
26 SECTION TWO OF THE GENERAL MUNICIPAL LAW TO SHARE EMPLOYEES, SERVICES OR
27 RESOURCES AS DEEMED APPROPRIATE FOR THE PURPOSE OF PROVIDING ASSISTANCE
28 TO MOTORISTS DURING A DISASTER OR EMERGENCY.
29 S 357-D. INDEMNIFICATION AND DEFENSE UNDER SHARED SERVICES AGREEMENT.
30 1. THE AUTHORITY SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF
31 THE DEPARTMENT OR THE MUNICIPAL CORPORATION, USING THE FORCES OF THE
32 DEPARTMENT OF LAW PURSUANT TO SECTION THREE HUNDRED SIXTY-TWO OF THIS
33 TITLE IN ANY ACTION, PROCEEDING, CLAIM, DEMAND OR THE PROSECUTION OF ANY
34 APPEAL ARISING FROM OR OCCASIONED BY THE ACTS OR OMISSIONS TO ACT IN THE
35 PERFORMANCE OF THE FUNCTIONS OF THE AUTHORITY PURSUANT TO A SHARED
36 SERVICES AGREEMENT.
37 2. DEFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE CONDI-
38 TIONED UPON THE FULL COOPERATION OF THE DEPARTMENT OR THE MUNICIPAL
39 CORPORATION BEING DEFENDED BY THE AUTHORITY.
40 3. THE AUTHORITY SHALL INDEMNIFY AND HOLD HARMLESS ANY UNIT, ENTITY,
41 OFFICER OR EMPLOYEE OF THE DEPARTMENT OR MUNICIPAL CORPORATION IN THE
42 AMOUNT OF ANY JUDGMENT OBTAINED AGAINST THE DEPARTMENT OR THE MUNICIPAL
43 CORPORATION IN THE AMOUNT OF ANY SETTLEMENT THE DEPARTMENT OR THE MUNIC-
44 IPAL CORPORATION ENTERS INTO WITH THE CONSENT OF THE AUTHORITY FOR ANY
45 AND ALL CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE
46 ACTS OR OMISSIONS TO ACT OF THE AUTHORITY OR ITS SUBSIDIARIES PURSUANT
47 TO A SHARED SERVICES AGREEMENT; PROVIDED, HOWEVER, THAT THE ACT OR OMIS-
48 SION FROM WHICH SUCH JUDGMENT OR SETTLEMENT AROSE OCCURRED WHILE THE
49 AUTHORITY OR ITS SUBSIDIARIES WAS ACTING WITHIN THE SCOPE OF ITS FUNC-
50 TIONS PURSUANT TO A SHARED SERVICES AGREEMENT. NO SUCH SETTLEMENT OF
51 ANY SUCH ACTION, PROCEEDING, CLAIM OR DEMAND SHALL BE MADE WITHOUT THE
52 APPROVAL OF THE BOARD OR ITS DESIGNEE.
53 4. ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFICER
54 OR EMPLOYEE OF THE AUTHORITY THAT ARISES PURSUANT TO ANY SHARED SERVICES
S. 4208 14
1 AGREEMENT SHALL NOT BE CONSTRUED IN ANY WAY TO IMPAIR, ALTER, LIMIT,
2 MODIFY, ABROGATE OR RESTRICT ANY IMMUNITY AVAILABLE TO OR CONFERRED UPON
3 ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF THE AUTHORITY, OR TO IMPAIR,
4 ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT ANY RIGHT TO DEFENSE AND
5 INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
6 ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
7 AL STATUTORY OR COMMON LAW.
8 5. THIS SECTION SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF ANY
9 CLAIMANT TO GIVE NOTICE TO THE STATE AND THE AUTHORITY UNDER SECTION TEN
10 AND SECTION ELEVEN OF THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF
11 LAW.
12 6. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO IMPAIR,
13 ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER UNDER
14 ANY INSURANCE AGREEMENT.
15 7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN EMPLOYED PURSUANT
16 TO A SHARED SERVICES AGREEMENT, EMPLOYEES OF THE AUTHORITY, AND ITS
17 SUBSIDIARIES, THE DEPARTMENT AND THE MUNICIPAL CORPORATION SHALL BE
18 DEEMED EMPLOYEES OF ALL SUCH ENTITIES AND THE STATE FOR PURPOSES OF THE
19 WORKERS' COMPENSATION LAW.
20 S 3. Section 10-a of the highway law is amended by adding a new subdi-
21 vision 13 to read as follows:
22 13. (A) THE STATE SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR EMPLOYEE
23 OF THE NEW YORK STATE THRUWAY AUTHORITY USING THE FORCES OF THE DEPART-
24 MENT OF LAW IN ANY ACTION, PROCEEDING, CLAIM, DEMAND OR THE PROSECUTION
25 OF ANY APPEAL ARISING FROM OR OCCASIONED BY THE ACTS OR OMISSIONS TO ACT
26 IN THE PERFORMANCE OF THE FUNCTIONS OF THE DEPARTMENT OR THE MUNICIPAL
27 CORPORATION PURSUANT TO A SHARED SERVICES AGREEMENT.
28 (B) DEFENSE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
29 CONDITIONED UPON THE FULL COOPERATION OF THE NEW YORK STATE THRUWAY
30 AUTHORITY.
31 (C) THE STATE SHALL INDEMNIFY AND HOLD HARMLESS ANY UNIT, ENTITY,
32 OFFICER OR EMPLOYEE OF THE NEW YORK STATE THRUWAY AUTHORITY IN THE
33 AMOUNT OF ANY JUDGMENT OBTAINED AGAINST THE NEW YORK STATE THRUWAY
34 AUTHORITY OR IN THE AMOUNT OF ANY SETTLEMENT THE NEW YORK STATE THRUWAY
35 AUTHORITY ENTERS INTO WITH THE CONSENT OF THE STATE FOR ANY AND ALL
36 CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
37 OMISSIONS TO ACT OF THE DEPARTMENT OR THE MUNICIPAL CORPORATION PURSUANT
38 TO A SHARED SERVICES AGREEMENT, PROVIDED, HOWEVER, THAT THE ACT OR OMIS-
39 SION FROM WHICH SUCH JUDGMENT OR SETTLEMENT AROSE OCCURRED WHILE THE
40 DEPARTMENT OR THE MUNICIPAL CORPORATION WAS ACTING WITHIN THE SCOPE OF
41 ITS FUNCTIONS PURSUANT TO A SHARED SERVICES AGREEMENT. ANY SUCH SETTLE-
42 MENT SHALL BE EXECUTED PURSUANT TO SECTION TWENTY-A OF THE COURT OF
43 CLAIMS ACT.
44 (D) ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFI-
45 CER OR EMPLOYEE OF THE DEPARTMENT OR THE MUNICIPAL CORPORATION PURSUANT
46 TO ANY SHARED SERVICES AGREEMENT SHALL NOT BE CONSTRUED IN ANY WAY TO
47 IMPAIR, ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT ANY IMMUNITY AVAIL-
48 ABLE TO OR CONFERRED UPON ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF THE
49 DEPARTMENT OR THE MUNICIPAL CORPORATION, OR TO IMPAIR, ALTER, LIMIT,
50 MODIFY, ABROGATE OR RESTRICT ANY RIGHT TO DEFENSE AND INDEMNIFICATION
51 PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN ACCORDANCE
52 WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDERAL STATUTORY
53 OR COMMON LAW.
54 (E) THIS SUBDIVISION SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF ANY
55 CLAIMANT TO GIVE NOTICE TO THE STATE UNDER SECTIONS TEN AND ELEVEN OF
56 THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF LAW.
S. 4208 15
1 (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO
2 IMPAIR, ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER
3 UNDER ANY INSURANCE AGREEMENT.
4 (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EMPLOYEES OF THE THRU-
5 WAY AUTHORITY, ITS SUBSIDIARIES, THE DEPARTMENT AND THE MUNICIPAL CORPO-
6 RATION SHALL BE DEEMED EMPLOYEES OF ALL SUCH ENTITIES AND THE STATE FOR
7 PURPOSES OF THE WORKERS' COMPENSATION LAW.
8 (H) ANY PAYMENT MADE PURSUANT TO THIS SUBDIVISION OR ANY MONIES PAID
9 FOR A CLAIM AGAINST OR SETTLEMENT WITH THE DEPARTMENT, THE NEW YORK
10 STATE THRUWAY AUTHORITY OR THE MUNICIPAL CORPORATION PURSUANT TO THIS
11 SECTION AND PURSUANT TO A SHARED SERVICES AGREEMENT SHALL BE PAID FROM
12 APPROPRIATIONS FOR PAYMENT BY THE STATE PURSUANT TO THE COURT OF CLAIMS
13 ACT.
14 S 4. Subdivision 1 of section 17 of the public officers law is amended
15 by adding a new paragraph (y) to read as follows:
16 (Y) FOR PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE
17 MEMBERS OF THE BOARD, OFFICERS AND EMPLOYEES OF THE NEW YORK STATE THRU-
18 WAY AUTHORITY OR ITS SUBSIDIARIES.
19 S 5. This act, being necessary for the prosperity of the state and its
20 inhabitants, shall be liberally construed to effect the purposes and
21 secure the beneficial intents hereof.
22 S 6. If any provision of any section of this act or the application
23 thereof to any person or circumstance shall be adjudged invalid by a
24 court of competent jurisdiction, such order or judgment shall be
25 confined in its operation to the controversy in which it was rendered,
26 and shall not affect or invalidate the remainder of any provision of any
27 section of this act or the application thereof to any other person or
28 circumstance and to this end the provisions of each section of this act
29 are hereby declared to be severable.
30 S 7. This act shall take effect immediately.
31 PART H
32 Section 1. Subdivision 15 of section 385 of the vehicle and traffic
33 law is amended by adding a new paragraph (l) to read as follows:
34 (L) WHEN AN ANNUAL PERMIT IS ISSUED, PURSUANT TO THIS SUBDIVISION, FOR
35 THE OPERATION OF A VEHICLE WITH A MAXIMUM GROSS WEIGHT IN EXCESS OF
36 EIGHTY THOUSAND POUNDS, SUCH PERMIT SHALL SERVE AS PROOF OF THE MAXIMUM
37 GROSS WEIGHT ALLOWED FOR SUCH VEHICLE NOTWITHSTANDING THE MAXIMUM GROSS
38 WEIGHT FOR SUCH VEHICLE AS STATED ON THE APPLICATION FOR REGISTRATION
39 PROVIDED THAT THE OPERATION OF SUCH VEHICLE IS IN COMPLIANCE WITH THE
40 TERMS OF THE ANNUAL PERMIT ISSUED AND ANY REQUIREMENTS OR CONDITIONS
41 APPLICABLE THERETO.
42 S 2. Paragraph (b) of schedule F of subdivision 7 of section 401 of
43 the vehicle and traffic law, as amended by chapter 55 of the laws of
44 1992, is amended to read as follows:
45 (b) As used in this schedule, the term "snow plow" shall not include
46 farm type tractors used exclusively for agricultural purposes, or for
47 snow plowing other than for hire, as defined in section one hundred
48 twenty-five of this chapter, when used for plowing or removing snow,
49 provided such plowing or snow removal is not done for hire.
50 No person shall operate or move, or cause or knowingly permit to be
51 operated or moved on any public highway in this state any auto truck,
52 agricultural truck or light delivery car, registered in this state,
53 having a combined weight of vehicle and load in excess of the maximum
54 gross weight for such vehicle as stated on the application for registra-
S. 4208 16
1 tion. Such maximum gross weight [cannot] SHALL NOT be more than the
2 weight permitted under section three hundred eighty-five of this chapter
3 or the weight permitted by the rules or regulations of the department of
4 transportation of any city not wholly included within one county or
5 under permits that may be issued pursuant to such section, rules or
6 regulations whichever is the least restrictive.
7 S 3. Paragraph b of subdivision 9 of section 401 of the vehicle and
8 traffic law, as amended by chapter 847 of the laws of 1968, is amended
9 to read as follows:
10 b. Where a vehicle registered under the provisions of subdivisions
11 seven or eight of this section on the basis of maximum gross weight
12 requires a corrected registration because of a load in excess of the
13 maximum load as certified in the application for registration, or the
14 registrant desires to register the vehicle at a lower gross maximum
15 weight, an application shall be made for correct registration; PROVIDED,
16 HOWEVER, THAT WHEN AN ANNUAL PERMIT IS ISSUED PURSUANT TO SUBDIVISION
17 FIFTEEN OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER FOR THE
18 OPERATION OF A VEHICLE WITH A MAXIMUM GROSS WEIGHT IN EXCESS OF EIGHTY
19 THOUSAND POUNDS, A CORRECTED REGISTRATION SHALL NOT BE REQUIRED PURSUANT
20 TO THIS PARAGRAPH. Upon the surrendering of the certificate of registra-
21 tion and the payment of a fee of two dollars together with the balance
22 of the annual fee for the correct registration over the fee as previous-
23 ly registered, such corrected registration may be issued. No return of
24 any part of the fee paid for the previous registration shall be made in
25 case of a reduction of maximum gross weight certified in the application
26 for a corrected registration.
27 S 4. This act shall take effect on the ninetieth day after it shall
28 have become a law.
29 PART I
30 Section 1. Item 1 of clause (A) of subparagraph (ii) of paragraph (i)
31 of subdivision 1 of section 201 of the vehicle and traffic law, as
32 amended by section 1 of part CC of chapter 58 of the laws of 2011, is
33 amended to read as follows:
34 (1) fifty-five years where the conviction and suspension or revocation
35 order relates to a conviction, suspension or revocation by the holder of
36 any driver's license when operating a commercial motor vehicle, as
37 defined in subdivision four of section five hundred one-a of this chap-
38 ter, or by the holder of a commercial driver's license OR COMMERCIAL
39 LEARNER'S PERMIT when operating any motor vehicle, who: has refused to
40 submit to a chemical test pursuant to section eleven hundred ninety-four
41 of this chapter or has been convicted of any of the following offenses:
42 any violation of subdivision ONE, two, TWO-A, three [or], four OR FOUR-A
43 of section eleven hundred ninety-two of this chapter, any violation of
44 subdivision one or two of section six hundred of this chapter, any felo-
45 ny involving the use of a motor vehicle, other than the use of a motor
46 vehicle in the commission of a felony involving manufacturing, distrib-
47 uting, dispensing a controlled substance; or the conviction, suspension
48 or revocation involves any of the following offenses while operating a
49 commercial motor vehicle: any violation of subdivision five or six of
50 section eleven hundred ninety-two of this chapter, driving a commercial
51 motor vehicle when as a result of prior violations committed while oper-
52 ating a commercial motor vehicle, the driver's commercial driver's
53 license OR COMMERCIAL LEARNER'S PERMIT is suspended or revoked, or has
54 been convicted of causing a fatality through the negligent operation of
S. 4208 17
1 a commercial motor vehicle, including but not limited to the crimes of
2 vehicular manslaughter and criminally negligent homicide as set forth in
3 article one hundred twenty-five of the penal law;
4 S 2. Subdivision 6 of section 501-a of the vehicle and traffic law, as
5 added by chapter 173 of the laws of 1990, is amended to read as follows:
6 6. Tank vehicle. Any commercial motor vehicle designed to transport
7 any liquid or gaseous material within [a]: (I) A tank that is either
8 permanently or temporarily attached to the vehicle or the chassis AND
9 HAS A RATED CAPACITY OF ONE THOUSAND GALLONS OR MORE; OR (II) MULTIPLE
10 TANKS EITHER PERMANENTLY OR TEMPORARILY ATTACHED OR SECURED, WHEN THE
11 AGGREGATE RATED CAPACITY OF THOSE TANKS IS ONE THOUSAND GALLONS OR MORE,
12 AS DETERMINED BY ADDING THE CAPACITY OF EACH INDIVIDUAL TANK WITH A
13 CAPACITY OF MORE THAN ONE HUNDRED NINETEEN GALLONS. [Such vehicles
14 include, but are not limited to, cargo and portable tanks, as defined in
15 49 CFR part 171. However, this definition does not include portable
16 tanks having a rated capacity under one thousand gallons.] PROVIDED,
17 HOWEVER, IF A COMMERCIAL MOTOR VEHICLE TRANSPORTS ONE OR MORE TANKS THAT
18 ARE MANIFESTED EITHER AS EMPTY OR AS RESIDUE AND THAT ARE ACTUALLY EMPTY
19 OR CONTAIN ONLY RESIDUE, THOSE TANKS SHALL NOT BE CONSIDERED IN DETER-
20 MINING WHETHER THE VEHICLE IS A TANK VEHICLE.
21 S 3. Paragraph (b) of subdivision 1 of section 503 of the vehicle and
22 traffic law, as amended by section 2 of part D of chapter 58 of the laws
23 of 2012, is amended to read as follows:
24 (b) An application for a license shall be valid for a period of time
25 specified by regulation of the commissioner not to exceed five years. A
26 learner's permit shall be valid from its issuance until the expiration
27 of the application for a driver's license for which it was issued.
28 PROVIDED, HOWEVER, A COMMERCIAL LEARNER'S PERMIT SHALL BE VALID FOR NO
29 MORE THAN ONE HUNDRED EIGHTY DAYS, EXCEPT THAT SUCH PERMIT MAY BE
30 RENEWED, IN THE COMMISSIONER'S DISCRETION, FOR AN ADDITIONAL ONE HUNDRED
31 EIGHTY DAYS. Provided, however, that a COMMERCIAL learner's permit
32 issued by the commissioner in connection with an application for a
33 commercial driver's license shall be cancelled within sixty days of the
34 holder's medical certification status becoming "not-certified" based
35 upon: (i) the expiration of the holder's medical certification or
36 medical variance documentation required by the federal motor carrier
37 safety improvement act of 1999 and Part 383.71(h) of title 49 of the
38 code of federal regulations; (ii) the holder's failure to submit such
39 medical certification or medical variance documentation at such inter-
40 vals as required by the federal motor carrier safety improvement act of
41 1999 and Part 383.71(h) of title 49 of the code of federal regulations
42 and in a manner prescribed by the commissioner; or (iii) the receipt by
43 the commissioner of information from the issuing medical examiner or the
44 federal motor carrier safety administration that a medical certification
45 or medical variance was issued in error or rescinded. The commissioner
46 shall, upon a holder's status becoming "not-certified", notify the hold-
47 er of such COMMERCIAL learner's permit issued in connection with a
48 commercial driver's license application by first class mail to the
49 address of such person on file with the department or at the current
50 address provided by the United States postal service of his or her
51 "not-certified" medical certification status and that the commercial
52 motor vehicle privileges of such COMMERCIAL learner's permit will be
53 cancelled unless he or she submits a current medical certificate and/or
54 medical variance in accordance with Part 383.71(h) of title 49 of the
55 code of federal regulations or changes his or her self-certification to
56 driving only in excepted [or intrastate] commerce in accordance with
S. 4208 18
1 Part 383.71(b)[(ii)(B), (C) or (D)](1) of title 49 of the code of feder-
2 al regulations.
3 S 4. Subdivision 6 of section 510 of the vehicle and traffic law is
4 amended by adding a new paragraph o to read as follows:
5 O. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
6 WHERE REVOCATION IS MANDATORY PURSUANT TO SUBPARAGRAPH (III) OF PARA-
7 GRAPH A OF SUBDIVISION TWO OF THIS SECTION INVOLVING A VIOLATION OF
8 SECTION THREE HUNDRED NINETY-TWO OF THIS CHAPTER IN RELATION TO AN
9 APPLICATION FOR A COMMERCIAL DRIVER'S LICENSE OR A COMMERCIAL LEARNER'S
10 PERMIT, NO NEW COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL LEARNER'S
11 PERMIT SHALL BE ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER EXCEPT IN
12 THE DISCRETION OF THE COMMISSIONER.
13 S 5. Paragraph (b) of subdivision 3 of section 510-a of the vehicle
14 and traffic law, as amended by section 7 of part K of chapter 59 of the
15 laws of 2009, is amended, and two new subdivisions 9 and 10 are added to
16 read as follows:
17 (b) A commercial driver's license shall be suspended by the commis-
18 sioner for a period of one hundred twenty days where the holder is
19 convicted of three serious traffic violations as defined in subdivision
20 four of this section committed within a three year period, in separate
21 incidents whether such convictions occurred within or outside of this
22 state. [Such suspension shall take effect upon the termination of any
23 other suspension already in effect pursuant to paragraph (a) of this
24 subdivision or this paragraph.]
25 9. APPLICATION OF DISQUALIFICATIONS TO HOLDERS OF A COMMERCIAL
26 LEARNER'S PERMIT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY
27 PROVISION OF THIS CHAPTER RELATING TO THE REVOCATION, SUSPENSION, DOWN-
28 GRADING, DISQUALIFICATION OR CANCELLATION OF A COMMERCIAL DRIVER'S
29 LICENSE SHALL APPLY IN THE SAME MANNER TO A COMMERCIAL LEARNER'S PERMIT.
30 10. CONSECUTIVE DISQUALIFICATION PERIODS. NOTWITHSTANDING ANY OTHER
31 PROVISION OF LAW, ANY SUSPENSION, REVOCATION OR DISQUALIFICATION APPLI-
32 CABLE TO THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL
33 LEARNER'S PERMIT THAT IS REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE
34 OF FEDERAL REGULATIONS AND BY THE PROVISIONS OF THIS CHAPTER SHALL TAKE
35 EFFECT UPON THE EXPIRATION OF THE MINIMUM PERIOD OF ANY OTHER SUSPEN-
36 SION, REVOCATION OR DISQUALIFICATION OF SUCH LICENSE OR PERMIT THAT IS
37 REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS
38 AND BY THE PROVISIONS OF THIS CHAPTER.
39 S 6. Paragraph (d) of subdivision 1 of section 514 of the vehicle and
40 traffic law, as added by section 7 of part CC of chapter 58 of the laws
41 of 2011, is amended to read as follows:
42 (d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of
43 this subdivision, upon a judgment of conviction for a violation of any
44 provisions of this chapter or of any local law, rule, ordinance or regu-
45 lation relating to traffic (except one related to parking, stopping or
46 standing), the court or the clerk thereof shall, within ninety-six hours
47 of the imposition of the sentence, file the certificate required by
48 paragraph (a) of this subdivision, if the person convicted: (i) is the
49 holder of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license
50 issued by another state; or (ii) does not hold a COMMERCIAL LEARNER'S
51 PERMIT OR A commercial driver's license, but has been issued a license
52 by another state and is convicted of a violation that was committed in a
53 commercial motor vehicle, as defined in subdivision four of section five
54 hundred one-a of this title.
S. 4208 19
1 S 7. Subdivisions 1 and 2 of section 514-a of the vehicle and traffic
2 law, as added by chapter 173 of the laws of 1990, are amended to read as
3 follows:
4 1. Each person who operates a commercial motor vehicle for a New York
5 state employer who is convicted of violating within or outside of this
6 state, in any type of motor vehicle, a state or local law relating to
7 motor vehicle traffic control (other than a parking violation), shall
8 notify his/her current employer of such conviction. [Any person who
9 holds a commercial driver's license issued by the commissioner who does
10 not operate a commercial motor vehicle for a New York state employer or
11 who operates a commercial motor vehicle while self-employed who is
12 convicted in any other state, the District of Columbia or a Canadian
13 province of violating any law relating to motor vehicle traffic control
14 (other than a parking violation) while operating a commercial motor
15 vehicle shall notify the commissioner of such conviction.] Such notifi-
16 cation must be made within thirty days after the date that the person
17 has been convicted except that if a person is a bus driver as defined in
18 section five hundred nine-a of this chapter, such notification must be
19 made within five days after the date the person has been convicted as
20 required by section five hundred nine-i of this chapter. The above
21 notification must be made in writing and contain the following informa-
22 tion: (a) driver's full name; (b) driver's license number; (c) date of
23 conviction; (d) the specific criminal or other offense(s), serious traf-
24 fic violation(s) of state or local law relating to motor vehicle traffic
25 control, for which the person was convicted and any suspension, revoca-
26 tion, cancellation of any driving privileges or disqualification from
27 operating a commercial motor vehicle which resulted from such
28 conviction(s); (e) indication whether the violation was in a commercial
29 motor vehicle; (f) location of offense; (g) court or tribunal in which
30 the conviction occurred; and (h) driver's signature.
31 2. Each person who operates a commercial motor vehicle for a New York
32 state employer who has a COMMERCIAL LEARNER'S PERMIT OR A driver's
33 license suspended, revoked, or canceled by the commissioner or by the
34 appropriate authorities of any other state, District of Columbia or
35 Canadian province, or who loses the right to operate a commercial motor
36 vehicle in any state or jurisdiction for any period, or who is disquali-
37 fied from operating a commercial motor vehicle for any period, shall
38 notify his/her current employer of such suspension, revocation, cancel-
39 lation, lost privilege, or disqualification.
40 S 8. Section 514-c of the vehicle and traffic law, as added by chapter
41 251 of the laws of 2007, is amended to read as follows:
42 S 514-c. Notification of non-resident commercial operator convictions.
43 Within ten days of the conviction of: (a) any holder of a COMMERCIAL
44 LEARNER'S PERMIT OR A commercial driver's license issued by another
45 state for any violation of state or local law regulating traffic, other
46 than a parking, stopping or standing violation, committed while operat-
47 ing a motor vehicle in this state; or
48 (b) any holder of a driver's license issued by another state for any
49 violation of state or local law regulating traffic, other than a park-
50 ing, stopping or standing violation, committed while operating a commer-
51 cial motor vehicle in this state, the commissioner shall provide notice
52 of such conviction to the state which issued such holder's COMMERCIAL
53 LEARNER'S PERMIT, commercial driver's license or driver's license.
54 S 9. Subdivision 9 of section 170.55 of the criminal procedure law, as
55 added by section 8 of part CC of chapter 58 of the laws of 2011, is
56 amended to read as follows:
S. 4208 20
1 9. Notwithstanding any other provision of this section, a court may
2 not issue an order adjourning an action in contemplation of dismissal if
3 the offense is for a violation of the vehicle and traffic law related to
4 the operation of a motor vehicle (except one related to parking, stop-
5 ping or standing), or a violation of a local law, rule or ordinance
6 related to the operation of a motor vehicle (except one related to park-
7 ing, stopping or standing), if such offense was committed by the holder
8 of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license or was
9 committed in a commercial motor vehicle, as defined in subdivision four
10 of section five hundred one-a of the vehicle and traffic law.
11 S 10. Paragraph c of subdivision 2 of section 140 of the transporta-
12 tion law is amended by adding a new subparagraph (vii) to read as
13 follows:
14 (VII) NO PERSON, CORPORATION, LIMITED LIABILITY COMPANY OR BUSINESS
15 ENTITY, JOINT STOCK ASSOCIATION, PARTNERSHIP, OR ANY OFFICER OR AGENT
16 THEREOF, SHALL KNOWINGLY ALLOW, REQUIRE, PERMIT OR AUTHORIZE ANY PERSON
17 TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SECTION FIVE
18 HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW, DURING ANY PERIOD IN WHICH
19 THE OPERATOR:
20 (A) DOES NOT HAVE A VALID COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL
21 DRIVER'S LICENSE; OR
22 (B) DOES NOT HAVE A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S
23 LICENSE WITH THE PROPER CLASS OR ENDORSEMENTS; OR
24 (C) VIOLATES ANY RESTRICTION ON SUCH OPERATOR'S COMMERCIAL LEARNER'S
25 PERMIT OR COMMERCIAL DRIVER'S LICENSE; OR
26 (D) HAS A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S LICENSE
27 THAT IS SUSPENDED, REVOKED OR CANCELLED, OR SUCH OPERATOR HAS BEEN
28 OTHERWISE DISQUALIFIED BY THE COMMISSIONER OF MOTOR VEHICLES; OR
29 (E) HAS MORE THAN ONE COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIV-
30 ER'S LICENSE.
31 A VIOLATION OF THIS SUBPARAGRAPH SHALL BE PUNISHABLE BY A FINE OF NOT
32 LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS.
33 S 11. This act shall take effect July 8, 2015 and shall apply to
34 violations committed on or after such date, and shall apply to permits
35 issued on or after such date.
36 PART J
37 Section 1. Subdivision 2 of section 357-a of the public authorities
38 law, as added by section 1 of part E of chapter 58 of the laws of 2013,
39 is amended to read as follows:
40 2. The state shall be responsible for additional goods and services
41 provided by the authority equal to [twenty-four million] TWENTY-ONE
42 MILLION FIVE HUNDRED THOUSAND dollars in each calendar year. Such goods
43 and services shall be deemed to be costs to the state and not operating
44 costs of the authority. The authority and the director of the division
45 of the budget shall enter into an agreement identifying any such state
46 costs and determine reporting and other requirements related thereto.
47 Such agreement and any amendments thereto shall be transmitted by the
48 authority, within ten business days of the execution of such agreement
49 and amendments thereto, to the chair of the senate finance committee,
50 the chair of the assembly ways and means committee, the chair of the
51 senate transportation committee and the chair of the assembly transpor-
52 tation committee. By February first of each year, a report identifying
53 all state costs paid pursuant to such agreement in the preceding calen-
54 dar year will be transmitted by the authority to the director of the
S. 4208 21
1 budget, the chair of the senate finance committee, the chair of the
2 assembly ways and means committee, the chair of the senate transporta-
3 tion committee and the chair of the assembly transportation committee.
4 S 2. This act shall take effect immediately and shall be deemed to
5 have been in full force and effect on and after January 1, 2015.
6 PART K
7 Intentionally Omitted
8 PART L
9 Section 1. Subdivision 6 of section 1209 of the public authorities
10 law, as amended by chapter 98 of the laws of 2011, is amended to read as
11 follows:
12 6. The provisions of subdivisions one, two, three and four of this
13 section shall not be applicable to any procurement by the authority
14 commenced during the period from the effective date of this subdivision
15 until December thirty-first, nineteen hundred ninety-one or during the
16 period from December sixteenth, nineteen hundred ninety-three until June
17 thirtieth, two thousand [fifteen] NINETEEN; and the provisions of subdi-
18 visions seven, eight, nine, ten, eleven, twelve and thirteen of this
19 section shall only apply to procurements by the authority commenced
20 during such periods. The provisions of such subdivisions one, two, three
21 and four shall apply to procurements by the authority commenced during
22 the period from December thirty-first, nineteen hundred ninety-one until
23 December sixteenth, nineteen hundred ninety-three, and to procurements
24 by the authority commenced on and after July first, two thousand
25 [fifteen] NINETEEN. Notwithstanding the foregoing, the provisions of
26 such subdivisions one, two, three and four shall apply to (i) the award
27 of any contract of the authority if the bid documents for such contract
28 so provide and such bid documents are issued within sixty days of the
29 effective date of this subdivision or within sixty days of December
30 sixteenth, nineteen hundred ninety-three, or (ii) for a period of one
31 hundred eighty days after the effective date of this subdivision, or for
32 a period of one hundred eighty days after December sixteenth, nineteen
33 hundred ninety-three, the award of any contract for which an invitation
34 to bid, solicitation, request for proposal, or any similar document has
35 been issued by the authority prior to the effective date of this subdi-
36 vision or during the period from January first, nineteen hundred nine-
37 ty-two until December fifteenth, nineteen hundred ninety-three.
38 S 2. Subdivision 1 of section 1265-a of the public authorities law, as
39 amended by chapter 98 of the laws of 2011, is amended to read as
40 follows:
41 1. The provisions of this section shall only apply to procurements by
42 the authority commenced during the period from April first, nineteen
43 hundred eighty-seven until December thirty-first, nineteen hundred nine-
44 ty-one, and during the period from December sixteenth, nineteen hundred
45 ninety-three until June thirtieth, two thousand [fifteen] NINETEEN;
46 provided, however, that the provisions of this section shall not apply
47 to (i) the award of any contract of the authority if the bid documents
48 for such contract so provide and such bid documents are issued within
49 sixty days of the effective date of this section or within sixty days of
50 December sixteenth, nineteen hundred ninety-three, or (ii) for a period
51 of one hundred eighty days after the effective date of this section or
S. 4208 22
1 for a period of one hundred eighty days after December sixteenth, nine-
2 teen hundred ninety-three, the award of any contract for which an invi-
3 tation to bid, solicitation, request for proposal, or any similar docu-
4 ment has been issued by the authority prior to the effective date of
5 this section or during the period from January first, nineteen hundred
6 ninety-two until December sixteenth, nineteen hundred ninety-three.
7 S 3. This act shall take effect immediately.
8 PART M
9 Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
10 of the laws of 1968 constituting the New York state urban development
11 corporation act, as amended by section 1 of part Z of chapter 57 of the
12 laws of 2014, is amended to read as follows:
13 3. The provisions of this section shall expire, notwithstanding any
14 inconsistent provision of subdivision 4 of section 469 of chapter 309 of
15 the laws of 1996 or of any other law, on July 1, [2015] 2016.
16 S 2. This act shall take effect immediately and shall be deemed to
17 have been in full force and effect on and after July 1, 2015.
18 PART N
19 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
20 New York state urban development corporation act, relating to the powers
21 of the New York state urban development corporation to make loans, as
22 amended by section 1 of part AA of chapter 57 of the laws of 2014, is
23 amended to read as follows:
24 S 2. This act shall take effect immediately provided, however, that
25 section one of this act shall expire on July 1, [2015] 2016, at which
26 time the provisions of subdivision 26 of section 5 of the New York state
27 urban development corporation act shall be deemed repealed; provided,
28 however, that neither the expiration nor the repeal of such subdivision
29 as provided for herein shall be deemed to affect or impair in any manner
30 any loan made pursuant to the authority of such subdivision prior to
31 such expiration and repeal.
32 S 2. This act shall take effect immediately and shall be deemed to
33 have been in full force and effect on and after July 1, 2015.
34 PART O
35 Section 1. Notwithstanding any law to the contrary, the comptroller is
36 hereby authorized and directed to receive for deposit to the credit of
37 the general fund the amount of up to $913,000 from the New York state
38 energy research and development authority.
39 S 2. This act shall take effect immediately and shall be deemed to
40 have been in full force and effect on and after April 1, 2015.
41 PART P
42 Intentionally Omitted
43 PART Q
44 Intentionally Omitted
S. 4208 23
1 PART R
2 Section 1. Notwithstanding any other law, rule or regulation to the
3 contrary, expenses of the department of health public service education
4 program incurred pursuant to appropriations from the cable television
5 account of the state miscellaneous special revenue funds shall be deemed
6 expenses of the department of public service.
7 S 2. This act shall take effect immediately and shall be deemed to
8 have been in full force and effect on and after April 1, 2015.
9 PART S
10 Section 1. Section 2 of part BB of chapter 58 of the laws of 2012,
11 amending the public authorities law relating to authorizing the dormito-
12 ry authority to enter into certain design and construction management
13 agreements, as amended by section 1 of part W of chapter 57 of the laws
14 of 2014, is amended to read as follows:
15 S 2. This act shall take effect immediately and shall expire and be
16 deemed repealed April 1, [2015] 2017.
17 S 2. Within 90 days of the effective date of this act, the dormitory
18 authority of the state of New York shall provide a report providing
19 information regarding any project undertaken pursuant to a design and
20 construction management agreement, as authorized by part BB of chapter
21 58 of the laws of 2012, between the dormitory authority of the state of
22 New York and the department of environmental conservation and/or the
23 office of parks, recreation and historic preservation to the governor,
24 the temporary president of the senate and speaker of the assembly. Such
25 report shall include but not be limited to a description of each such
26 project, the project identification number of each such project, if
27 applicable, the projected date of completion, the status of the project,
28 the total cost or projected cost of each such project, and the location,
29 including the names of any county, town, village or city, where each
30 such project is located or proposed. In addition, such a report shall be
31 provided to the aforementioned parties by the first day of March of each
32 year that the authority to enter into such agreements pursuant to part
33 BB of chapter 58 of the laws of 2012 is in effect.
34 S 3. This act shall take effect immediately and shall be deemed to
35 have been in effect on and after April 1, 2015.
36 PART T
37 Section 1. Section 2 of chapter 21 of the laws of 2003, amending the
38 executive law relating to permitting the secretary of state to provide
39 special handling for all documents filed or issued by the division of
40 corporations and to permit additional levels of such expedited service,
41 as amended by section 1 of part N of chapter 57 of the laws of 2014, is
42 amended to read as follows:
43 S 2. This act shall take effect immediately, provided however, that
44 section one of this act shall be deemed to have been in full force and
45 effect on and after April 1, 2003 and shall expire March 31, [2015]
46 2016.
47 S 2. This act shall take effect immediately and shall be deemed to
48 have been in full force and effect on and after March 31, 2015.
49 PART U
S. 4208 24
1 Section 1. Subdivision 2 of section 446-b of the real property law, as
2 amended by chapter 61 of the laws of 1989, is amended to read as
3 follows:
4 2. The application for such license shall be filed in the office of
5 the secretary of state on such forms as the secretary may prescribe [and
6 shall be accompanied by a fee of four hundred dollars].
7 S 2. Subdivision 3 of section 446-b of the real property law, as added
8 by chapter 805 of the laws of 1980, is amended to read as follows:
9 3. When the apartment information vendor maintains more than one place
10 of business, he shall apply for [and the secretary shall issue] a
11 supplemental license for each branch office so maintained [upon payment
12 of a fee of two hundred fifty dollars for each supplemental license so
13 issued]. Supplemental licenses shall be conspicuously displayed in each
14 branch office. The display of an expired license by any person, firm,
15 partnership or corporation is a violation of the provisions of this
16 article.
17 S 3. Subdivision 5 of section 446-b of the real property law, as
18 amended by chapter 805 of the laws of 1980, is amended to read as
19 follows:
20 5. Any license granted under the provisions hereof may be renewed for
21 one year by the secretary upon application therefor by the holder, in
22 such form as the secretary may prescribe[, and payment of a two hundred
23 fifty dollar fee for such license]. The secretary may dispense with the
24 requirement for the filing of such statements as was contained in the
25 original application for license.
26 S 4. Subdivision 2 of section 446-d of the real property law, as
27 amended by chapter 805 of the laws of 1980, is amended to read as
28 follows:
29 2. The secretary shall be notified in writing at his OR HER office in
30 Albany of any change of a licensee's business address or name, and the
31 secretary shall issue a license for the unexpired term, upon return of
32 the original license [and the payment of a fee of twenty dollars]. A
33 licensee who fails to notify the secretary of any change in business
34 address or name within ten days shall forfeit his OR HER license.
35 S 5. This act shall take effect immediately.
36 PART V
37 Section 1. Section 219 of the agriculture and markets law, as amended
38 by chapter 122 of the laws of 1988, is amended to read as follows:
39 S 219. Application [and fee]. Application for license as a food
40 salvager[,] SHALL BE MADE upon a form prescribed by the commissioner[,
41 shall be made on or before June first in every other year for the
42 license period beginning July first following]. The applicant shall
43 satisfy the commissioner of his OR HER character and that he OR SHE has
44 adequate physical facilities for salvaging food and food products. If so
45 satisfied, the commissioner shall [upon receipt of the license fee]
46 issue to the applicant a [license which shall be] non-transferable
47 LICENSE, WHICH WILL EXPIRE ON THE THIRTIETH OF JUNE OF THE NEXT EVEN
48 NUMBERED YEAR FOLLOWING ITS ISSUANCE. [The biennial license fee shall be
49 one hundred dollars.] APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
50 PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY
51 THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
52 EXPIRATION OF THE EXISTING LICENSE. Where a person operates more than
53 one salvage warehouse a separate license is required for each location.
S. 4208 25
1 S 2. Section 231 of the agriculture and markets law, as amended by
2 section 7 of part I1 of chapter 62 of the laws of 2003, is amended to
3 read as follows:
4 S 231. Licenses, issuance of. No person or corporation shall maintain
5 or operate any refrigerated warehouse and/or locker plant unless
6 licensed by the commissioner. Application[,] SHALL BE MADE upon a form
7 prescribed by the commissioner[, shall be made on or before September
8 first of every other year for the license period beginning October first
9 following]. The applicant shall satisfy the commissioner of his or [its]
10 HER character, financial responsibility, and competency to operate a
11 refrigerated warehouse or locker plant. The commissioner, if so satis-
12 fied, shall[, upon receipt of the license fee or fees,] issue to the
13 applicant a license or licenses [to operate the refrigerated warehouse
14 or warehouses or locker plant or locker plants described in the applica-
15 tion until the first day of October] WHICH WILL EXPIRE ON THE THIRTIETH
16 OF SEPTEMBER of the NEXT ODD NUMBERED year following [the year in which
17 such license was issued] ITS ISSUANCE. [The biennial license fee shall
18 be two hundred dollars for each refrigerated warehouse. If a locker
19 plant is operated as part of a refrigerated warehouse and upon the same
20 premises, no additional license fee shall be required.] APPLICATION FOR
21 RENEWAL OF SUCH LICENSE OR LICENSES FOR A PERIOD OF TWO YEARS SHALL BE
22 MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND SUBMIT-
23 TED NO LATER THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING
24 LICENSE OR LICENSES.
25 S 3. Section 96-z-2 of the agriculture and markets law, as added by
26 chapter 391 of the laws of 1968, is amended to read as follows:
27 S 96-z-2. Application [and fees]. Application for a license to operate
28 a disposal plant or transportation service[,] SHALL BE MADE upon a form
29 prescribed by the commissioner[, shall be made on or before September
30 first in each year for the license year beginning October first follow-
31 ing]. The applicant shall satisfy the commissioner of his OR HER charac-
32 ter and that he OR SHE has adequate physical facilities for the opera-
33 tion of a disposal plant or transportation service. If so satisfied, the
34 commissioner shall [upon payment of the license fee] issue to the appli-
35 cant a NON-TRANSFERABLE license which [shall be non-transferable] WILL
36 EXPIRE ON THE THIRTIETH DAY OF SEPTEMBER OF THE NEXT EVEN NUMBERED YEAR
37 FOLLOWING ITS ISSUANCE. APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
38 PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A FORM PRESCRIBED BY
39 THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
40 EXPIRATION OF THE EXISTING LICENSE. [The annual license fee for a
41 disposal plant shall be one hundred dollars, plus an inspection fee of
42 ten dollars for each vehicle. The annual license fee for a transporta-
43 tion service shall be twenty-five dollars, plus an inspection fee of ten
44 dollars for each vehicle.]
45 S 4. Section 128-a of the agriculture and markets law, as amended by
46 chapter 451 of the laws of 2008, subdivisions 4, 5, 6, 7, 8 and 9 as
47 renumbered by section 2 of part N of chapter 58 of the laws of 2012, is
48 amended to read as follows:
49 S 128-a. Licenses. 1. No person shall manufacture any commercial feed
50 in this state unless such person holds a license issued therefor by the
51 commissioner. [Notwithstanding the foregoing, a person, in operation on
52 or before the effective date of this section, who has filed an applica-
53 tion for an initial license under this section shall be authorized to
54 operate without such license until the commissioner grants or, after
55 notice and opportunity to be heard, declines to grant such license.]
56 Each application for a license shall be made on a form supplied by the
S. 4208 26
1 department and shall contain such information as may be required by the
2 department. A LICENSE ISSUED ON OR BEFORE THE THIRTIETH OF JUNE WILL
3 EXPIRE ON THE THIRTY-FIRST OF DECEMBER OF THE YEAR OF ITS ISSUANCE, AND
4 IF ISSUED BETWEEN JULY FIRST AND DECEMBER THIRTY-FIRST, WILL EXPIRE ON
5 THE THIRTY-FIRST DAY OF DECEMBER IN THE YEAR FOLLOWING ITS ISSUANCE.
6 Renewal applications shall be [submitted to] MADE ANNUALLY ON A FORM
7 PRESCRIBED BY the commissioner [at least] AND SUBMITTED NO LATER THAN
8 thirty days prior to the [commencement of the next license year] EXPIRA-
9 TION OF THE EXISTING LICENSE.
10 2. The commissioner may deny any application for a license or revoke
11 any license when granted, after written notice to the applicant and an
12 opportunity to be heard, when:
13 (a) any statement in the application or upon which it was issued is or
14 was false or misleading;
15 (b) facilities of the applicant are not maintained in a manner as
16 required by rules and regulations duly promulgated by the commissioner;
17 (c) the maintenance and operation of the establishment of the appli-
18 cant is such that the commercial feed produced therein is or may be
19 adulterated, misbranded, or not maintained in any manner as required by
20 this article;
21 (d) the applicant or licensee, or an officer, director, partner or
22 holder of ten per centum or more of the voting stock of the applicant or
23 licensee, has failed to comply with any of the provisions of this arti-
24 cle or rules and regulations promulgated pursuant thereto; or
25 (e) the applicant or licensee is a partnership or corporation and any
26 individual holding any position or interest or power of control therein
27 has previously been responsible in whole or in part for any act on
28 account of which an application for licensure may be denied or a license
29 revoked pursuant to the provisions of this article.
30 3. [Each application for an initial license shall be accompanied by a
31 non-refundable fee of one hundred dollars. The commissioner shall
32 prorate the license fee for any person applying for an initial license
33 after the commencement of the licensing period. Licenses shall be renew-
34 able annually thereafter, together with the payment of a non-refundable
35 fee of fifty dollars.
36 4.] Inspection in accordance with section one hundred thirty-five-a of
37 this article, the results of which establish compliance with the
38 provisions of this article, shall precede issuance of a license or
39 renewal thereof under this section.
40 [5.] 4. Upon validation by the commissioner, the application shall
41 become the license of the person.
42 [6.] 5. The commissioner shall provide a copy of the license to the
43 [person] LICENSEE. The commissioner shall also retain a copy of the
44 license.
45 [7.] 6. No licensee shall publish or advertise the sale of any commer-
46 cial feed unless the publication or advertisement is accompanied by such
47 licensee's license number. [Notwithstanding the foregoing, a person, in
48 operation on or before the effective date of this section, who has filed
49 an application for an initial license under this section may publish or
50 advertise the sale or availability of any commercial feed without the
51 publication or advertisement being accompanied by the person's license
52 number until the commissioner grants or, after notice and opportunity to
53 be heard, declines to grant such license.
54 8.] 7. Commercial feed licenses shall be conspicuously displayed on
55 the premises so that they may be readily seen by officers and employees
56 of the department.
S. 4208 27
1 [9.] 8. Notwithstanding the definition of commercial feed under subdi-
2 vision seven of section one hundred twenty-eight of this article, the
3 provisions of this section shall not apply to a person who conducts a
4 business of selling pet food and specialty pet food.
5 S 5. Section 142-ee of the agriculture and markets law, as amended by
6 chapter 251 of the laws of 1999, is amended to read as follows:
7 S 142-ee. License [and fee]. Each certificate filed pursuant to
8 section one hundred forty-two-dd OF THIS ARTICLE shall be accompanied by
9 an application, upon forms supplied by the commissioner, for a license
10 to supply such material under the brand name specified therein, and
11 there shall be transmitted therewith a copy of the label and of the
12 statement proposed to accompany such material in compliance with section
13 one hundred forty-two-cc[, together with a license fee of forty dollars
14 for each such brand] OF THIS ARTICLE. Such application shall incorpo-
15 rate by reference the data contained in the accompanying certificate for
16 the brand for which the license is sought. Upon compliance with the
17 provisions of this article, the applicant shall be issued a license for
18 the supplying of such qualifying brand of agricultural liming material,
19 which license shall expire on the thirty-first day of December of the
20 NEXT EVEN NUMBERED year following the year in which it is issued, but no
21 such license shall be issued for the supplying of any such material
22 which does not meet the minimum standards herein provided for, nor for
23 the supplying thereof under a brand descriptive designation or with a
24 label or accompanying statement which is or tends to be misleading or
25 deceptive as to quality, analysis or composition. APPLICATION FOR A
26 RENEWAL OF THE LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIAL-
27 LY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER
28 THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE. Any
29 such license so issued may be revoked by the commissioner, after notice
30 to the licensee by mail or otherwise and opportunity to be heard, when
31 it appears that any statement or representation upon which it is issued
32 is false or misleading. The action of the commissioner in refusing to
33 grant a license, or in revoking a license, shall be subject to review by
34 a proceeding under article seventy-eight of the civil practice law and
35 rules, but the decision of the commissioner shall be final unless within
36 thirty days from the date of the order embodying such action such
37 proceeding to review has been instituted.
38 Whenever a manufacturer, producer or distributor shall have been
39 licensed to supply a particular brand of material hereunder, no agent,
40 seller or retailer of such brand shall be required to file a certificate
41 or obtain a license for such brand during a period for which such
42 license is in effect, nor upon such goods which were acquired during a
43 period for which a license was in effect and remaining undistributed in
44 subsequent years.
45 S 6. Subdivision (a) of section 146 of the agriculture and markets
46 law, as amended by chapter 251 of the laws of 1999, is amended to read
47 as follows:
48 (a) No person shall distribute in this state any type of fertilizer
49 until a [biennial] license to distribute the same has been obtained from
50 the commissioner by the person whose labelling is applied to such ferti-
51 lizer upon payment of a one hundred fifty dollar fee. [All licenses
52 shall expire on a date to be set by the commissioner in regulations.]
53 THE INITIAL LICENSE ISSUED HEREUNDER SHALL EXPIRE ON DECEMBER
54 THIRTY-FIRST OF THE NEXT EVEN NUMBERED YEAR FOLLOWING THE YEAR IN WHICH
55 IT WAS ISSUED AND EACH RENEWAL OF THAT LICENSE SHALL BE FOR A TWO YEAR
56 PERIOD, ENDING ON DECEMBER THIRTY-FIRST. APPLICATION FOR A RENEWAL OF
S. 4208 28
1 SUCH LICENSE SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE
2 COMMISSIONER AND BE SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
3 EXPIRATION OF THE EXISTING LICENSE.
4 S 7. Section 147-b of the agriculture and markets law, as amended by
5 chapter 122 of the laws of 1988, is amended to read as follows:
6 S 147-b. License. No person shall sell, offer or expose for sale in
7 this state any soil or plant inoculant unless licensed as provided in
8 this section. Application for a license SHALL BE MADE upon a form
9 prescribed by the commissioner [shall be made biennially. The applica-
10 tion] AND shall include a statement as to whether the inoculant is
11 represented as effective for inoculating legumes or for some other
12 purpose, and, if represented as effective for the inoculation of
13 legumes, for which legume or legumes it is so represented. With the
14 application, the applicant shall present a representative sample of the
15 soil or plant inoculant described in the application. The commissioner,
16 if satisfied that the inoculant may be depended upon to produce an
17 effective inoculation for the purpose represented, shall issue to such
18 applicant a license for the sale of such inoculant, expiring on December
19 thirty-first of the NEXT EVEN NUMBERED year following [the year in which
20 it is issued] ITS ISSUANCE. [The applicant shall pay biennially, at the
21 time of presenting the application, to the commissioner for remittance
22 to the state treasury, a license fee of twenty dollars for each brand of
23 inoculants as defined in the rules and regulations adopted by the
24 commissioner as provided in this article.] APPLICATION FOR RENEWAL OF
25 SUCH LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A
26 FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY
27 DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE.
28 S 8. Paragraph (a) of subdivision 1 of section 248 of the agriculture
29 and markets law, as amended by chapter 490 of the laws of 2005, is
30 amended to read as follows:
31 (a) No person shall act as a dealer unless licensed as provided in
32 this article. Application shall be made upon such forms and at such
33 times as prescribed by the commissioner. Renewal applications shall be
34 submitted to the commissioner at least thirty days prior to the
35 [commencement of the next] EXPIRATION OF THE EXISTING license [year]. No
36 action will be taken on applications deemed incomplete by the commis-
37 sioner. The applicant shall furnish evidence of his or her good charac-
38 ter, financial statements, prepared and certified by a certified public
39 accountant when required by the commissioner, and evidence that he or
40 she has adequate physical facilities for receiving and handling farm
41 products or processing farm products if he or she is to act as a dealer.
42 The commissioner, if so satisfied, shall issue to such applicant, [upon
43 payment of twenty dollars, and] upon the filing of a bond or letter of
44 credit and upon payment of a fee to be deposited into the agricultural
45 producers security fund as hereinafter provided, a license entitling the
46 applicant to conduct the business of a dealer in farm products for a
47 period of one year. Notwithstanding any other provision of this section,
48 an applicant who intends to pay and a licensee who pays upon delivery
49 for purchases of farm products from producers, in cash, or cash equiv-
50 alent, including only certified or bank check, money order, electronic
51 funds transfer, or by debit card, shall be exempt from filing a bond or
52 letter of credit. In the event that a licensee who has been so exempted
53 from filing a bond or letter of credit fails to pay cash or a cash
54 equivalent upon delivery for any purchase of farm products from a
55 producer, such licensee shall file a bond or letter of credit as other-
56 wise required by this section with the commissioner no later than ten
S. 4208 29
1 business days from the date the commissioner notifies the licensee that
2 such bond or letter of credit is required.
3 S 9. Subdivision 5 of section 500 of the agriculture and markets law,
4 as amended by section 3 of part II of chapter 59 of the laws of 2009, is
5 amended to read as follows:
6 5. Licensure. No person shall maintain or operate a retail food store,
7 food service establishment or food warehouse unless such establishment
8 is licensed pursuant to the provisions of this article, provided, howev-
9 er, that establishments registered, permitted or licensed by the depart-
10 ment pursuant to other provisions of this chapter, under permit and
11 inspection by the state department of health or by a local health agency
12 which maintains a program certified and approved by the state commis-
13 sioner of health, or subject to inspection by the United States depart-
14 ment of agriculture pursuant to the federal meat, poultry or egg
15 inspection programs, shall be exempt from licensure under this article.
16 Application for licensure of a retail food store, food service estab-
17 lishment or food warehouse shall be made, upon a form prescribed by the
18 commissioner, on or before December first of every other year for the
19 registration period beginning January first following. Upon submission
20 of a completed application, together with the applicable licensing fee,
21 the commissioner shall ISSUE A license TO the retail food store, food
22 service establishment or food warehouse described in the application for
23 two years from the [applicable registration commencement period set
24 forth in this section] DATE OF ISSUANCE. The [licensing] LICENSE fee
25 shall be two hundred fifty dollars provided, however, that food ware-
26 houses shall pay a [licensing] LICENSE fee of four hundred dollars.
27 NOTWITHSTANDING THE PRECEDING SENTENCE, THE COMMISSIONER SHALL, UPON
28 SUBMISSION OF A COMPLETED APPLICATION FOR A NEW LICENSE BY AN APPLICANT
29 THAT IS A CHAIN STORE, AS DEFINED BY SUBDIVISION FIVE OF SECTION TWO
30 HUNDRED FIFTY-ONE-Z-TWO OF THIS CHAPTER, ISSUE SUCH LICENSE FOR A PERIOD
31 ENDING ON THE SAME DATE AS THE LICENSES OF THE OTHER CHAIN STORES THAT
32 ARE A PART OF THE SAME NETWORK.
33 S 10. Subdivision 1 of section 133-a of the agriculture and markets
34 law is amended by adding a new paragraph (c) to read as follows:
35 (C) NO FEE SHALL BE PAID BY ANY PERSON FOR ANY YEAR IN WHICH SUCH
36 PERSON DISTRIBUTED LESS THAN ONE HUNDRED TONS OF FEED INGREDIENTS AND
37 COMMERCIAL FEEDS IN THIS STATE.
38 S 11. This act shall take effect immediately.
39 PART W
40 Intentionally omitted.
41 PART X
42 Intentionally Omitted
43 PART Y
44 Intentionally Omitted
45 PART Z
S. 4208 30
1 Section 1. Subdivision 3 of section 15-1525 of the environmental
2 conservation law, as amended by section 2 of part F of chapter 59 of the
3 laws of 2006, is amended to read as follows:
4 3. The certificate of registration shall require that, before the
5 commencement of drilling of any well or wells, the water well driller
6 shall file a preliminary notice with the department; it shall also
7 provide that upon the completion of the drilling of any water well or
8 water wells, a completion report be filed with the department, giving
9 the log of the well, the size and depth thereof, the capacity of the
10 pump or pumps attached or to be attached thereto, and such other infor-
11 mation pertaining to the withdrawal of water and operation of such water
12 well or water wells as the department by its rules and regulations may
13 require. The water well driller shall provide a copy of such completion
14 report to the water well owner. The number of the certificate of regis-
15 tration must be displayed on the well drilling machinery of the regis-
16 trant. The certificate of registration shall also contain a notice to
17 the certificate holder that the business activities authorized by such
18 certificate are subject to the provisions of article thirty-six-A of the
19 general business law. [The fee for such certificate of registration
20 shall be ten dollars annually.] The commissioner shall promulgate a
21 water well completion report form which shall be utilized by all water
22 well drillers in satisfying the requirements of this section and any
23 other provision of state or local law which requires the submission of a
24 water well completion report or water well log.
25 S 2. This act shall take effect immediately.
26 PART AA
27 Section 1. Paragraph 4 of subdivision (a) of section 83 of the state
28 finance law, as amended by chapter 512 of the laws of 1994, is amended
29 to read as follows:
30 4. (i) There is hereby created a special account within the conserva-
31 tion fund to be known as the state fish and game trust account to
32 consist of all moneys received by the state from the sale of lifetime
33 hunting, fishing, trapping, archery and muzzle-loading licenses pursuant
34 to section 11-0702 of the environmental conservation law. The state
35 comptroller shall invest the moneys in such account in securities as
36 defined by section ninety-eight-a of this article, EXCEPT AS PROVIDED IN
37 SUBPARAGRAPH (III) OF THIS PARAGRAPH. Any income earned by the invest-
38 ment of such moneys, except income transferred to the conservation fund
39 pursuant to subparagraph (iii) of this paragraph, shall be added to and
40 become a part of, and shall be used for the purposes of such account.
41 (ii) The state comptroller shall provide an annual report of the trust
42 account which lists the amount of the principal, THE PRINCIPAL TRANS-
43 FERRED TO THE HABITAT CONSERVATION AND ACCESS ACCOUNT PURSUANT TO
44 SUBPARAGRAPH (III) OF THIS PARAGRAPH, the earned income, the earned
45 income accrued to the principal, and the earned income transferred to
46 the conservation fund pursuant to subparagraph (iii) of this paragraph
47 not later than April tenth of each year for the state fiscal year ending
48 the immediately preceding March thirty-first. A copy of such report
49 shall be transmitted, forthwith, to the director of the division of the
50 budget, the chairman of the senate finance committee, the chairman of
51 the assembly ways and means committee, the commissioner of the depart-
52 ment of environmental conservation and each of the eleven members of the
53 conservation fund advisory [council] BOARD, created pursuant to section
S. 4208 31
1 [seven hundred] 11-0327 of the [executive] ENVIRONMENTAL CONSERVATION
2 law.
3 (iii) Earned income from the sale of all lifetime licenses, except
4 income earned on the proceeds of the sale of a lifetime license during
5 the period from sale of such license until April first of the year
6 following one full year of deposit of the proceeds of the sale of such
7 lifetime license, shall be available for deposit within the conservation
8 fund pursuant to paragraph one of this subdivision in an amount equal to
9 the cost of the appropriate annual license. The earned income which
10 exceeds the current cost of each annual license comparable to the life-
11 time license, shall be added to the trust account as principal. The
12 earned income from lifetime licenses issued to persons who are under the
13 legal age to implement such licenses shall be added to the trust account
14 as principal until such person becomes of legal age to hunt, fish or
15 trap. BEGINNING APRIL FIRST, TWO THOUSAND FIFTEEN, UP TO ONE MILLION
16 FIVE HUNDRED THOUSAND DOLLARS ANNUALLY FROM THE STATE FISH AND GAME
17 TRUST ACCOUNT SHALL BE AVAILABLE FOR DEPOSIT WITHIN THE HABITAT CONSER-
18 VATION AND ACCESS ACCOUNT ESTABLISHED PURSUANT TO SECTION EIGHTY-THREE-A
19 OF THIS ARTICLE.
20 S 2. Subdivision (h) of section 83 of the state finance law is
21 REPEALED.
22 S 3. The state finance law is amended by adding a new section 83-a to
23 read as follows:
24 S 83-A. HABITAT CONSERVATION AND ACCESS ACCOUNT. (A) THERE IS HEREBY
25 CREATED AN ACCOUNT WITHIN THE MISCELLANEOUS CAPITAL PROJECTS FUND, THE
26 HABITAT CONSERVATION AND ACCESS ACCOUNT. THE HABITAT CONSERVATION AND
27 ACCESS ACCOUNT SHALL CONSIST OF ALL MONEYS FROM FUNDS OF THE STATE FISH
28 AND GAME TRUST ACCOUNT AUTHORIZED TO BE DEPOSITED PURSUANT TO SUBPARA-
29 GRAPH (III) OF PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
30 OF THIS ARTICLE RECEIVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
31 FROM THE SALE OF LIFETIME LICENSES FOR HUNTING, TRAPPING, AND FISHING,
32 AND ALL MONEYS, REVENUES AND INTEREST THEREON RECEIVED AS A RESULT OF
33 THE APPLICATION OF SUBDIVISION SEVENTEEN OF SECTION 11-0305 OF THE ENVI-
34 RONMENTAL CONSERVATION LAW AUTHORIZING THE ISSUANCE AND SALE OF VOLUN-
35 TARY HABITAT STAMPS, OTHER THAN THE AMOUNT RETAINED BY THE ISSUING AGENT
36 OR OFFICER. THE HABITAT CONSERVATION AND ACCESS ACCOUNT SHALL BE
37 SUBJECT TO THE SAME RESTRICTIONS AND PROTECTIONS AS THE CONSERVATION
38 FUND.
39 (B) THESE MONEYS, AFTER APPROPRIATION BY THE LEGISLATURE, AND WITHIN
40 THE AMOUNTS SET FORTH AND FOR THE SEVERAL PURPOSES SPECIFIED, SHALL BE
41 AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE CAPI-
42 TAL EXPENSES ASSOCIATED WITH MANAGEMENT, PROTECTION, AND RESTORATION OF
43 FISH AND WILDLIFE HABITATS, AND IMPROVEMENT AND DEVELOPMENT OF PUBLIC
44 ACCESS FOR FISH AND WILDLIFE RELATED RECREATION.
45 (C) ALL PAYMENTS MADE FROM THE HABITAT CONSERVATION AND ACCESS ACCOUNT
46 SHALL BE MADE BY THE DEPARTMENT OF TAXATION AND FINANCE AFTER AUDIT AND
47 UPON WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER
48 OF ENVIRONMENTAL CONSERVATION. AFTER APPROPRIATIONS MADE AVAILABLE FROM
49 THE HABITAT CONSERVATION AND ACCESS ACCOUNT SHALL CEASE TO HAVE FORCE
50 AND EFFECT, ANY BALANCES REMAINING UNEXPENDED AND NOT REQUIRED TO MEET
51 THE PROPER AND NECESSARY EXPENSES OF THE DIVISION OF FISH AND WILDLIFE
52 SHALL REVERT TO THE STATE FISH AND GAME TRUST ACCOUNT ESTABLISHED PURSU-
53 ANT TO PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE OF THIS
54 ARTICLE.
55 (D) NO FUNDS MAY BE TRANSFERRED OR USED IN ANY WAY WHICH WOULD RESULT
56 IN THE LOSS OF ELIGIBILITY FOR FEDERAL BENEFITS OR FEDERAL FUNDS PURSU-
S. 4208 32
1 ANT TO FEDERAL LAW, RULE, OR REGULATION AS ASSENTED TO IN CHAPTER SIX
2 HUNDRED EIGHTY-THREE OF THE LAWS OF NINETEEN HUNDRED THIRTY-EIGHT AND
3 CHAPTER SEVEN HUNDRED OF THE LAWS OF NINETEEN HUNDRED FIFTY-ONE.
4 S 4. Subdivision 17 of section 11-0305 of the environmental conserva-
5 tion law, as added by section 3 of part F of chapter 82 of the laws of
6 2002, is amended to read as follows:
7 17. To prepare or cause to be prepared voluntary habitat stamps and
8 furnish such stamps annually to license issuing agents and officers for
9 sale and issuance in the same manner as licenses and other types of
10 stamps. The department shall, by rule, establish the fee for the habitat
11 stamp which shall [not exceed] BE NO LESS THAN five dollars plus an
12 additional amount for the issuing agent or officer. The purchase of a
13 stamp is voluntary and a stamp need not be possessed in order to take
14 fish or wildlife.
15 S 5. This act shall take effect immediately and shall be deemed to
16 have been in full force and effect on and after April 1, 2015; provided,
17 however, that all funds in the habitat account of the conservation fund,
18 established pursuant to subdivision (h) of section 83 of the state
19 finance law, on the effective date of this act shall be transferred to
20 the habitat conservation and access account established pursuant to
21 section 83-a of the state finance law as added by section three of this
22 act.
23 PART BB
24 Section 1. Paragraph a of section 11.00 of the local finance law is
25 amended by adding a new subdivision 29-a to read as follows:
26 29-A. TRANSIT MOTOR VEHICLES. THE PURCHASE OF MUNICIPALLY OWNED OMNI-
27 BUS OR SIMILAR SURFACE TRANSIT MOTOR VEHICLES, TEN YEARS.
28 S 2. This act shall take effect immediately.
29 PART CC
30 Section 1. Section 155 of the vehicle and traffic law, as amended by
31 chapter 628 of the laws of 2002, is amended to read as follows:
32 S 155. Traffic infraction. The violation of any provision of this
33 chapter, except articles forty-seven and forty-eight, or of any law,
34 ordinance, order, rule or regulation regulating traffic which is not
35 declared by this chapter or other law of this state to be a misdemeanor
36 or a felony. A traffic infraction is not a crime and the punishment
37 imposed therefor shall not be deemed for any purpose a penal or criminal
38 punishment and shall not affect or impair the credibility as a witness
39 or otherwise of any person convicted thereof. This definition shall be
40 retroactive and shall apply to all acts and violations heretofore
41 committed where such acts and violations would, if committed subsequent
42 to the taking effect of this section, be included within the meaning of
43 the term "traffic infraction" as herein defined. Except in those
44 portions of Suffolk county for which a district court has been estab-
45 lished, outside of cities having a population in excess of two hundred
46 thousand BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which administra-
47 tive tribunals have heretofore been established AND OUTSIDE OF CITIES
48 HAVING A POPULATION IN EXCESS OF ONE MILLION IN WHICH ADMINISTRATIVE
49 TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, courts and judicial officers
50 heretofore having jurisdiction over such violations shall continue to do
51 so and for such purpose such violations shall be deemed misdemeanors and
52 all provisions of law relating to misdemeanors except as provided in
S. 4208 33
1 section eighteen hundred five of this chapter and except as herein
2 otherwise expressly provided shall apply except that no jury trial shall
3 be allowed for traffic infractions. In those portions of Suffolk county
4 for which a district court has been established, and in cities having a
5 population in excess of two hundred thousand BUT LESS THAN TWO HUNDRED
6 TWENTY THOUSAND in which administrative tribunals have heretofore been
7 established AND IN CITIES HAVING A POPULATION IN EXCESS OF ONE MILLION
8 IN WHICH ADMINISTRATIVE TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, the
9 criminal courts of such cities or portions of Suffolk county in which a
10 district court has been established shall have jurisdiction to hear and
11 determine any complaint alleging a violation constituting a traffic
12 infraction, except that administrative tribunals heretofore established
13 in such cities or portions of Suffolk county in which a district court
14 has been established shall have jurisdiction to hear and determine any
15 charge of an offense which is a traffic infraction, except parking,
16 standing or stopping. In cities having a population in excess of two
17 hundred thousand in which administrative tribunals have heretofore been
18 established, and any such administrative tribunal established by the
19 city of Yonkers, the city of Peekskill, or the city of Syracuse, such
20 tribunals shall have jurisdiction to hear and determine any charge of an
21 offense which is a parking, standing or stopping violation. Any fine
22 imposed by an administrative tribunal shall be a civil penalty. For
23 purposes of arrest without a warrant, pursuant to article one hundred
24 forty of the criminal procedure law, a traffic infraction shall be
25 deemed an offense.
26 S 2. Subdivision 1 of section 225 of the vehicle and traffic law, as
27 amended by chapter 388 of the laws of 2012, is amended to read as
28 follows:
29 1. Notwithstanding any inconsistent provision of law, all violations
30 of this chapter or of a law, ordinance, order, rule or regulation relat-
31 ing to traffic, except parking, standing, stopping or pedestrian
32 offenses, which occur within a city having a population of two hundred
33 thousand or more BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which
34 administrative tribunals have heretofore been established, OR WITHIN A
35 CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE
36 TRIBUNALS HAVE HERETOFORE, BEEN ESTABLISHED, and which are classified as
37 traffic infractions, may be heard and determined pursuant to the regu-
38 lations of the commissioner as provided in this article. Whenever a
39 crime and a traffic infraction arise out of the same transaction or
40 occurrence, a charge alleging both offenses may be made returnable
41 before the court having jurisdiction over the crime. Nothing herein
42 provided shall be construed to prevent a court, having jurisdiction over
43 a criminal charge relating to traffic or a traffic infraction, from
44 lawfully entering a judgment of conviction, whether or not based on a
45 plea of guilty, for any offense classified as a traffic infraction.
46 S 3. Subdivision 5 of section 227 of the vehicle and traffic law, as
47 amended by chapter 690 of the laws of 1996, is amended to read as
48 follows:
49 5. All penalties and forfeited security collected pursuant to the
50 provisions of this article shall be paid to the department of audit and
51 control to the credit of the justice court fund and shall be subject to
52 the applicable provisions of section eighteen hundred three of this
53 chapter. After such audit as shall reasonably be required by the comp-
54 troller, such penalties and forfeited security shall be paid quarterly
55 or, in the discretion of the comptroller, monthly, to the appropriate
56 jurisdiction in which the violation occurred in accordance with the
S. 4208 34
1 provisions of section ninety-nine-a of the state finance law, except
2 that the sum of four dollars for each violation occurring in such juris-
3 diction for which a complaint has been filed with the administrative
4 tribunal established pursuant to this article shall be retained by the
5 state. The amount distributed during the first three quarters to the
6 [cities] CITY of Rochester [and Buffalo] in any given fiscal year shall
7 not exceed seventy percent of the amount which will be otherwise paya-
8 ble. Provided, however, that if the full costs of administering this
9 article shall exceed the amounts received and retained by the state for
10 any period specified by the commissioner, then such additional sums as
11 shall be required to offset such costs shall be retained by the state
12 out of the penalties and forfeited security collected pursuant to this
13 article.
14 S 4. Section 370 of the general municipal law is amended by adding a
15 new subdivision 4 to read as follows:
16 4. THERE SHALL BE AN EXECUTIVE DEPARTMENT OF THE BUFFALO CITY GOVERN-
17 MENT KNOWN AS THE BUFFALO TRAFFIC VIOLATIONS AGENCY, WHICH SHALL OPERATE
18 UNDER THE DIRECTION AND CONTROL OF THE MAYOR.
19 S 5. Subdivision 2 of section 370-a of the general municipal law, as
20 amended by chapter 388 of the laws of 2012, is amended and a new subdi-
21 vision 1-a is added to read as follows:
22 1-A. "TRAFFIC VIOLATIONS AGENCY" SHALL MEAN AN EXECUTIVE DEPARTMENT OF
23 THE CITY OF BUFFALO ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION
24 THREE HUNDRED SEVENTY OF THIS ARTICLE TO ADMINISTER AND DISPOSE OF TRAF-
25 FIC INFRACTIONS AS AUTHORIZED PURSUANT TO THIS ARTICLE.
26 2. "Traffic prosecutor" shall mean an attorney duly admitted to prac-
27 tice law in the state of New York who, having been appointed and either
28 hired or retained pursuant to section three hundred seventy-four of this
29 article, has the responsibility of prosecuting any traffic and parking
30 infractions returnable before the Nassau county district court or the
31 Suffolk county district court OR ANY TRAFFIC INFRACTIONS RETURNABLE
32 BEFORE THE BUFFALO CITY COURT pursuant to the jurisdictional limitations
33 of section three hundred seventy-one of this article.
34 S 6. Section 371 of the general municipal law is amended by adding a
35 new subdivision 2-a to read as follows:
36 2-A. THE BUFFALO TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDIVI-
37 SION FOUR OF SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE, MAY BE
38 AUTHORIZED TO ASSIST THE BUFFALO CITY COURT IN THE DISPOSITION AND
39 ADMINISTRATION OF INFRACTIONS OF TRAFFIC LAWS, ORDINANCES, RULES AND
40 REGULATIONS EXCEPT THAT SUCH AGENCY SHALL NOT HAVE JURISDICTION OVER (A)
41 THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION ONE OF SECTION ELEVEN
42 HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (B) THE TRAFFIC
43 INFRACTION DEFINED UNDER SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
44 NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (C) THE VIOLATION DEFINED
45 UNDER PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE
46 TRANSPORTATION LAW AND THE VIOLATION DEFINED UNDER CLAUSE (B) OF SUBPAR-
47 AGRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE HUNDRED
48 FORTY OF THE TRANSPORTATION LAW; (D) THE TRAFFIC INFRACTION DEFINED
49 UNDER SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND TRAFFIC
50 LAW AND THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION (G) OF SECTION
51 ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW; (E) TRAFFIC
52 INFRACTIONS CONSTITUTING PARKING, STANDING, STOPPING OR PEDESTRIAN
53 OFFENSES; (F) ANY MISDEMEANOR OR FELONY; OR (G) ANY OFFENSE THAT IS PART
54 OF THE SAME CRIMINAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION
55 TWO OF SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW, AS A VIOLATION OF
56 SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
S. 4208 35
1 TRAFFIC LAW, A VIOLATION OF SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
2 NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, A VIOLATION OF PARAGRAPH (B)
3 OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE TRANSPORTATION LAW, A
4 VIOLATION OF CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVI-
5 SION TWO OF SECTION ONE HUNDRED FORTY OF THE TRANSPORTATION LAW, A
6 VIOLATION OF SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND
7 TRAFFIC LAW, A VIOLATION CONSTITUTING A PARKING, STOPPING, STANDING OR
8 PEDESTRIAN OFFENSE, A VIOLATION OF SUBDIVISION (G) OF SECTION ELEVEN
9 HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW OR ANY MISDEMEANOR OR
10 FELONY.
11 S 7. Section 371 of the general municipal law is amended by adding a
12 new subdivision 3-a to read as follows:
13 3-A. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
14 THE BUFFALO TRAFFIC VIOLATIONS AGENCY MAY BE PERMITTED TO ANSWER, WITHIN
15 A SPECIFIED TIME, AT THE TRAFFIC VIOLATIONS AGENCY EITHER IN PERSON OR
16 BY WRITTEN POWER OF ATTORNEY IN SUCH FORM AS MAY BE PRESCRIBED IN THE
17 ORDINANCE OR LOCAL LAW CREATING THE AGENCY, BY PAYING A PRESCRIBED FINE
18 AND, IN WRITING, WAIVING A HEARING IN COURT, PLEADING GUILTY TO THE
19 CHARGE OR A LESSER CHARGE AGREEABLE TO THE TRAFFIC PROSECUTOR AND THE
20 PERSON CHARGED WITH AN INFRACTION, AND AUTHORIZING THE PERSON IN CHARGE
21 OF THE AGENCY TO ENTER SUCH A PLEA AND ACCEPT PAYMENT OF SAID FINE.
22 ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY BY THE AGENCY
23 SHALL BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION, AND THE VIOLA-
24 TOR SHALL BE GIVEN A RECEIPT WHICH SO STATES. IF A PERSON CHARGED WITH A
25 TRAFFIC VIOLATION DOES NOT ANSWER AS HEREINBEFORE PRESCRIBED, WITHIN A
26 DESIGNATED TIME, THE AGENCY MAY CAUSE A COMPLAINT TO BE ENTERED AGAINST
27 HIM FORTHWITH AND A WARRANT TO BE ISSUED FOR HIS ARREST AND APPEARANCE
28 BEFORE THE COURT, SUCH SUMMONS TO BE PREDICATED UPON THE PERSONAL
29 SERVICE OF SAID SUMMONS UPON THE PERSON CHARGED WITH THE INFRACTION. ANY
30 PERSON WHO SHALL HAVE BEEN, WITHIN THE PRECEDING TWELVE MONTHS, GUILTY
31 OF THREE OR MORE VIOLATIONS, SHALL NOT BE PERMITTED TO APPEAR AND ANSWER
32 TO A SUBSEQUENT VIOLATION AT THE AGENCY, BUT MUST APPEAR IN COURT AT A
33 TIME SPECIFIED BY THE AGENCY. SUCH AGENCY SHALL NOT BE AUTHORIZED TO
34 DEPRIVE A PERSON OF HIS RIGHT TO COUNSEL OR TO PREVENT HIM FROM EXERCIS-
35 ING HIS RIGHT TO APPEAR IN COURT TO ANSWER TO, EXPLAIN, OR DEFEND ANY
36 CHARGE OF A VIOLATION OF ANY TRAFFIC LAW, ORDINANCE, RULE OR REGULATION.
37 S 8. Section 371 of the general municipal law is amended by adding a
38 new subdivision 4-a to read as follows:
39 4-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENAL-
40 TIES AND FORFEITURES COLLECTED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY
41 SHALL BE DISTRIBUTED AS PROVIDED IN SECTION EIGHTEEN HUNDRED THREE OF
42 THE VEHICLE AND TRAFFIC LAW. ALL FINES, PENALTIES AND FORFEITURES FOR
43 VIOLATIONS ADJUDICATED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY PURSUANT
44 TO SUBDIVISION TWO-A OF THIS SECTION EXCEPT AS PROVIDED IN SUBDIVISION
45 THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW, SHALL BE PAID
46 BY SUCH AGENCY TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE
47 MONTH FOLLOWING COLLECTION. EACH SUCH PAYMENT SHALL BE ACCOMPANIED BY A
48 TRUE AND COMPLETE REPORT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
49 SHALL PRESCRIBE.
50 S 9. The general municipal law is amended by adding a new section
51 374-a to read as follows:
52 S 374-A. TRAFFIC PROSECUTOR SELECTION AND OVERSIGHT. (A) THE EXECUTIVE
53 DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, APPOINTED PURSUANT TO
54 SUBDIVISION (B) OF THIS SECTION, SHALL SELECT AND MAY CONTRACT WITH OR
55 HIRE ONE OR MORE PERSONS WHO ARE ATTORNEYS, DULY ADMITTED TO THE PRAC-
56 TICE OF LAW IN NEW YORK STATE FOR THE PROSECUTION OF ANY TRAFFIC INFRAC-
S. 4208 36
1 TION, EXCEPT THOSE DESCRIBED IN PARAGRAPHS (A), (B), (C), (D), (E), (F)
2 AND (G) OF SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVENTY-ONE OF
3 THIS ARTICLE, TO BE HEARD, TRIED OR OTHERWISE DISPOSED OF BY THE BUFFALO
4 CITY COURT. SUCH PERSONS SHALL BE KNOWN AS "TRAFFIC PROSECUTORS", AS
5 THAT TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE.
6 TRAFFIC PROSECUTORS SHALL HAVE THE SAME POWER AS A DISTRICT ATTORNEY
7 WOULD OTHERWISE HAVE IN THE PROSECUTION OF ANY TRAFFIC INFRACTION WHICH
8 MAY, PURSUANT TO THE JURISDICTIONAL PROVISIONS OF SECTION THREE HUNDRED
9 SEVENTY-ONE OF THIS ARTICLE, BE PROSECUTED BEFORE THE BUFFALO CITY COURT
10 IF THE TRAFFIC VIOLATION OCCURRED IN THE CITY OF BUFFALO. THE EXECUTIVE
11 DIRECTOR SHALL GIVE ACTIVE CONSIDERATION TO REQUIRING THAT SUCH TRAFFIC
12 PROSECUTORS SERVE ON A FULL-TIME BASIS. TRAFFIC PROSECUTORS ARE PROHIB-
13 ITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A TRAFFIC PROSECUTOR
14 IN ANY PART OF THE BUFFALO CITY COURT ON ANY MATTER RELATING TO TRAFFIC
15 VIOLATIONS AND ARE FURTHER PROHIBITED FROM APPEARING IN ANY CAPACITY
16 OTHER THAN AS A TRAFFIC PROSECUTOR IN ANY OTHER COURT OR ADMINISTRATIVE
17 TRIBUNAL ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
18 (B) THE MAYOR OF THE CITY OF BUFFALO SHALL APPOINT A PERSON TO SERVE
19 AS THE EXECUTIVE DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY
20 SUBJECT TO THE CONFIRMATION OF THE COMMON COUNCIL OF THE CITY OF
21 BUFFALO. THE EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE OVERSIGHT
22 AND ADMINISTRATION OF THE AGENCY. THE EXECUTIVE DIRECTOR IS PROHIBITED
23 FROM APPEARING IN ANY CAPACITY IN ANY PART OF THE BUFFALO CITY COURT ON
24 ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND IS FURTHER PROHIBITED FROM
25 APPEARING IN ANY CAPACITY IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL
26 ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
27 (C) IT SHALL BE A MISDEMEANOR FOR THE EXECUTIVE DIRECTOR, ANY TRAFFIC
28 PROSECUTOR OR ANY JUDICIAL HEARING OFFICER ASSIGNED TO HEAR TRAFFIC
29 VIOLATIONS CASES PURSUANT TO SECTION SIXTEEN HUNDRED NINETY OF THE VEHI-
30 CLE AND TRAFFIC LAW TO ESTABLISH ANY QUOTA OF TRAFFIC VIOLATION
31 CONVICTIONS WHICH MUST BE OBTAINED BY ANY TRAFFIC PROSECUTOR OR JUDICIAL
32 HEARING OFFICER. NOTHING CONTAINED HEREIN SHALL PROHIBIT THE TAKING OF
33 ANY JOB ACTION AGAINST A TRAFFIC PROSECUTOR OR JUDICIAL HEARING OFFICER
34 FOR FAILURE TO SATISFACTORILY PERFORM SUCH PROSECUTOR'S OR OFFICER'S JOB
35 ASSIGNMENT EXCEPT THAT THE EMPLOYMENT PRODUCTIVITY OF SUCH PROSECUTOR OR
36 OFFICER SHALL NOT BE MEASURED BY THE ATTAINMENT OR NONATTAINMENT OF ANY
37 CONVICTION QUOTA. FOR THE PURPOSES OF THIS SECTION A CONVICTION QUOTA
38 SHALL MEAN A SPECIFIC NUMBER OF CONVICTIONS WHICH MUST BE OBTAINED WITH-
39 IN A SPECIFIC TIME PERIOD.
40 (D) PURSUANT TO ARTICLE 20 OF THE BUFFALO CITY CHARTER, THE CITY OF
41 BUFFALO MAY APPROPRIATE THOSE MONIES WHICH, IN ITS SOLE DISCRETION, ARE
42 NECESSARY FOR THE COMPENSATION OF THOSE PERSONS SELECTED TO SERVE AS
43 EXECUTIVE DIRECTOR AND TRAFFIC PROSECUTORS AND TO COVER ALL OTHER
44 EXPENSES ASSOCIATED WITH THE ADMINISTRATION OF THE BUFFALO TRAFFIC
45 VIOLATIONS AGENCY.
46 S 10. Subdivision 3 of section 99-a of the state finance law, as
47 amended by chapter 388 of the laws of 2012, is amended to read as
48 follows:
49 3. The comptroller is hereby authorized to implement alternative
50 procedures, including guidelines in conjunction therewith, relating to
51 the remittance of fines, penalties, forfeitures and other moneys by town
52 and village justice courts, and by the Nassau and Suffolk counties traf-
53 fic and parking violations agencies, AND BY THE CITY OF BUFFALO TRAFFIC
54 VIOLATIONS AGENCY, to the justice court fund and for the distribution of
55 such moneys by the justice court fund. Notwithstanding any law to the
56 contrary, the alternative procedures utilized may include:
S. 4208 37
1 a. electronic funds transfer;
2 b. remittance of funds by the justice court to the chief fiscal office
3 of the town or village, or, in the case of the Nassau and Suffolk coun-
4 ties traffic and parking violations agencies, to the county treasurer,
5 OR, IN THE CASE OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, TO THE CITY OF
6 BUFFALO COMPTROLLER, for distribution in accordance with instructions by
7 the comptroller; and/or
8 c. monthly, rather than quarterly, distribution of funds.
9 The comptroller may require such reporting and record keeping as he or
10 she deems necessary to ensure the proper distribution of moneys in
11 accordance with applicable laws. A justice court or the Nassau and
12 Suffolk counties traffic and parking violations agencies OR THE CITY OF
13 BUFFALO TRAFFIC VIOLATIONS AGENCY may utilize these procedures only when
14 permitted by the comptroller, and such permission, once given, may
15 subsequently be withdrawn by the comptroller on due notice.
16 S 11. Paragraph (c) of subdivision 4-a of section 510 of the vehicle
17 and traffic law, as added by section 10 of part J of chapter 62 of the
18 laws of 2003, is amended to read as follows:
19 (c) Upon receipt of notification from a traffic and parking violations
20 agency OR A TRAFFIC VIOLATIONS AGENCY of the failure of a person to
21 appear within sixty days of the return date or new subsequent adjourned
22 date, pursuant to an appearance ticket charging said person with a
23 violation of:
24 (i) any of the provisions of this chapter except one for parking,
25 stopping or standing and except those violations described in paragraphs
26 (a), (b), (d), (e) and (f) of subdivision two AND IN PARAGRAPHS (A),
27 (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
28 seventy-one of the general municipal law;
29 (ii) section five hundred two or subdivision (a) of section eighteen
30 hundred fifteen of the tax law;
31 (iii) section fourteen-f (except paragraph (b) of subdivision four of
32 section fourteen-f), two hundred eleven or two hundred twelve of the
33 transportation law; or
34 (iv) any lawful ordinance or regulation made by a local or public
35 authority relating to traffic (except one for parking, stopping or
36 standing) or the failure to pay a fine imposed for such a violation by a
37 traffic and parking violations agency OR A TRAFFIC VIOLATIONS AGENCY,
38 the commissioner or his or her agent may suspend the driver's license or
39 privileges of such person pending receipt of notice from the agency that
40 such person has appeared in response to such appearance ticket or has
41 paid such fine. Such suspension shall take effect no less than thirty
42 days from the day upon which notice thereof is sent by the commissioner
43 to the person whose driver's license or privileges are to be suspended.
44 Any suspension issued pursuant to this paragraph shall be subject to the
45 provisions of paragraph (j-1) of subdivision two of section five hundred
46 three of this chapter.
47 S 12. Paragraph (b) of subdivision 3 of section 514 of the vehicle and
48 traffic law, as amended by section 11 of part J of chapter 62 of the
49 laws of 2003, is amended to read as follows:
50 (b) Upon the failure of a person to appear or answer, within sixty
51 days of the return date or any subsequent adjourned date, or the failure
52 to pay a fine imposed by a traffic and parking violations agency OR A
53 TRAFFIC VIOLATIONS AGENCY pursuant to a summons charging him or her with
54 a violation of:
55 (1) any of the provisions of this chapter except one for parking,
56 stopping or standing and except those violations described in paragraphs
S. 4208 38
1 (a), (b), (d), (e) and (f) of subdivision two AND IN PARAGRAPHS (A),
2 (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
3 seventy-one of the general municipal law;
4 (2) section five hundred two or subdivision (a) of section eighteen
5 hundred fifteen of the tax law;
6 (3) section fourteen-f (except paragraph (b) of subdivision four of
7 section fourteen-f), two hundred eleven or two hundred twelve of the
8 transportation law; or
9 (4) any lawful ordinance or regulation made by a local or public
10 authority relating to traffic (except one for parking, stopping or
11 standing);
12 the clerk thereof shall within ten days certify that fact to the commis-
13 sioner, in the manner and form prescribed by the commissioner, who shall
14 record the same in his or her office. Thereafter and upon the appearance
15 of any such person in response to such summons or the receipt of the
16 fine by the agency, the traffic and parking violations agency, THE TRAF-
17 FIC VIOLATIONS AGENCY or the clerk thereof shall forthwith certify that
18 fact to the commissioner, in the manner and form prescribed by the
19 commissioner; provided, however, no such certification shall be made
20 unless the traffic and parking violations agency OR THE TRAFFIC
21 VIOLATIONS AGENCY has collected the termination of suspension fee
22 required to be paid pursuant to paragraph (j-1) of subdivision two of
23 section five hundred three of this chapter.
24 S 13. The article heading of article 44-A of the vehicle and traffic
25 law, as amended by chapter 388 of the laws of 2012, is amended to read
26 as follows:
27 AUTHORITY OF THE NASSAU AND SUFFOLK
28 COUNTY DISTRICT COURT AND BUFFALO CITY COURT
29 JUDICIAL HEARING OFFICERS
30 S 14. The section heading of section 1690 of the vehicle and traffic
31 law, as amended by chapter 388 of the laws of 2012, is amended to read
32 as follows:
33 Authority of the Nassau county and Suffolk county district court judi-
34 cial hearing officers AND THE CITY OF BUFFALO JUDICIAL HEARING OFFICERS.
35 S 15. Section 1690 of the vehicle and traffic law is amended by adding
36 two new subdivisions 1-a and 4-a to read as follows:
37 1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE TRIAL OF A
38 TRAFFIC INFRACTION IS AUTHORIZED OR REQUIRED TO BE TRIED BEFORE THE
39 BUFFALO CITY COURT, AND SUCH TRAFFIC INFRACTION DOES NOT CONSTITUTE A
40 MISDEMEANOR, FELONY, VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN
41 HUNDRED NINETY-TWO, SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
42 NINETY-TWO, SECTION THREE HUNDRED NINETY-SEVEN-A, OR SUBDIVISION (G) OF
43 SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, OR A VIOLATION OF PARA-
44 GRAPH (B) OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OR CLAUSE (B) OF
45 SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE
46 HUNDRED FORTY OF THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING,
47 STANDING OR PEDESTRIAN OFFENSE, OR ANY OFFENSE THAT IS PART OF THE SAME
48 CRIMINAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION TWO OF
49 SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW, AS SUCH A MISDEMEANOR,
50 FELONY, VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED
51 NINETY-TWO, SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-TWO,
52 SECTION THREE HUNDRED NINETY-SEVEN-A OR SUBDIVISION (G) OF SECTION ELEV-
53 EN HUNDRED EIGHTY OF THIS CHAPTER, OR A VIOLATION OF PARAGRAPH (B) OF
54 SUBDIVISION FOUR OF SECTION FOURTEEN-F OR CLAUSE (B) OF SUBPARAGRAPH
55 (III) OF PARAGRAPH D OF SUBDIVISION TWO OF SECTION ONE HUNDRED FORTY OF
56 THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING, STANDING OR PEDESTRIAN
S. 4208 39
1 OFFENSE, THE ADMINISTRATIVE JUDGE OF THE EIGHTH JUDICIAL DISTRICT MAY
2 ASSIGN JUDICIAL HEARING OFFICERS TO CONDUCT SUCH A TRIAL. SUCH JUDICIAL
3 HEARING OFFICERS SHALL: (I) BE RESIDENTS OF THE CITY OF BUFFALO; AND
4 (II) BE VILLAGE OR TOWN COURT JUSTICES, CITY COURT JUDGES OR RETIRED
5 JUDGES OR JUSTICES ALL OF WHICH SHALL HAVE AT LEAST TWO YEARS OF EXPERI-
6 ENCE CONDUCTING TRIALS OF TRAFFIC VIOLATIONS CASES; AND (III) BE ADMIT-
7 TED TO PRACTICE LAW IN THIS STATE; AND (IV) BE SELECTED FROM A LIST OF
8 RECOMMENDATIONS OF THE MAYOR OF THE CITY OF BUFFALO PROVIDED THAT THE
9 MAYOR SHALL GIVE AT LEAST THREE RECOMMENDATIONS FOR EACH JUDICIAL HEAR-
10 ING OFFICER ASSIGNMENT. WHERE SUCH ASSIGNMENT IS MADE, THE JUDICIAL
11 HEARING OFFICER SHALL ENTERTAIN THE CASE IN THE SAME MANNER AS A COURT
12 AND SHALL:
13 (A) DETERMINE ALL QUESTIONS OF LAW;
14 (B) ACT AS THE EXCLUSIVE TRIER OF ALL ISSUES OF FACT;
15 (C) RENDER A VERDICT;
16 (D) IMPOSE SENTENCE; OR
17 (E) DISPOSE OF THE CASE IN ANY MANNER PROVIDED BY LAW.
18 4-A. JUDICIAL HEARING OFFICERS ARE PROHIBITED FROM APPEARING IN ANY
19 CAPACITY OTHER THAN AS A JUDICIAL HEARING OFFICER IN ANY PART OF BUFFALO
20 CITY COURT ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND ARE FURTHER
21 PROHIBITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A JUDICIAL HEAR-
22 ING OFFICER IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL ON ANY MATTER
23 RELATING TO TRAFFIC VIOLATIONS.
24 S 16. Subdivision 5 of section 350.20 of the criminal procedure law,
25 as amended by chapter 388 of the laws of 2012, is amended to read as
26 follows:
27 5. Notwithstanding the provisions of subdivision one of this section,
28 for all proceedings before the district court of Nassau county the
29 administrative judge of Nassau county may, and for all proceedings
30 before the district court of Suffolk county, the administrative judge of
31 Suffolk county may, without the consent of the parties, assign matters
32 involving traffic and parking infractions except those described in
33 paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
34 three hundred seventy-one of the general municipal law to a judicial
35 hearing officer in accordance with the provisions of section sixteen
36 hundred ninety of the vehicle and traffic law AND FOR ALL PROCEEDINGS
37 BEFORE THE BUFFALO CITY COURT THE ADMINISTRATIVE JUDGE OF THE EIGHTH
38 JUDICIAL DISTRICT MAY, WITHOUT THE CONSENT OF THE PARTIES, ASSIGN
39 MATTERS INVOLVING TRAFFIC INFRACTIONS EXCEPT THOSE DESCRIBED IN PARA-
40 GRAPHS (A), (B), (C), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A OF
41 SECTION THREE HUNDRED SEVENTY-ONE OF THE GENERAL MUNICIPAL LAW TO A
42 JUDICIAL HEARING OFFICER IN ACCORDANCE WITH THE PROVISIONS OF SECTION
43 SIXTEEN HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
44 S 17. Pending actions and proceedings. (a) No proceeding involving a
45 charge of a traffic infraction pending at such time when an existing
46 administrative tribunal shall cease to exist shall be affected or abated
47 by the passage of this act or by anything herein contained or by the
48 cessation of the existence of any administrative tribunal. All such
49 proceedings are hereby transferred to the court of appropriate jurisdic-
50 tion in the city where such traffic infractions allegedly occurred.
51 (b)(i) The agency, department, office, or person charged with the
52 custody of the records of an existing administrative tribunal which is
53 about to cease existing under, or in connection with, this act shall
54 arrange for the transfer of the records of pending proceedings to the
55 court of appropriate jurisdiction to which the proceedings shall be
56 transferred. The presiding judge of such court shall enter an order
S. 4208 40
1 providing for adequate notice consistent with due process of law to
2 respondents in such pending proceedings regarding the transfer of such
3 proceedings.
4 (ii) In no event shall any difficulty or delay resulting from the
5 transfer process, not caused by the respondent, increase the penalty
6 required of the respondent appearing before the court due to a transfer
7 of the traffic infraction proceeding or otherwise prejudice such
8 respondent. Respondents before the court due to a transfer of the traf-
9 fic infraction proceeding from an administrative tribunal to the court
10 that fail to appear shall be permitted at least one adjournment before
11 the penalties and procedures pursuant to subdivision 3 of section 226 of
12 the vehicle and traffic law shall be available. The presiding judge of
13 such court shall enter an order providing for adequate notice consistent
14 with due process of law to respondents, including notice of the penal-
15 ties and procedures available pursuant to subdivision 3 of section 226
16 of the vehicle and traffic law.
17 S 18. The executive director of the Buffalo traffic violations agency
18 shall issue on an annual basis, beginning eighteen months following the
19 creation of the Buffalo traffic violations agency pursuant to city of
20 Buffalo local law, a report detailing the progress, development and
21 operations of the traffic violations agency. The report shall be
22 provided to the governor, the temporary president of the senate, the
23 speaker of the assembly, the mayor of Buffalo, the common council of
24 Buffalo, the presiding judge of the Buffalo city court and the Erie
25 county district attorney.
26 S 19. This act shall take effect on May 1, 2015; provided, however,
27 that effective immediately the city of Buffalo is authorized to enact a
28 local law establishing a traffic violations agency in the city of
29 Buffalo; provided, however, that the provisions of sections four and
30 five of this act shall take effect on the same date as the enactment of
31 such local law, herein authorized, establishing a traffic violations
32 agency; provided, further, that if established, such agency and the city
33 of Buffalo shall comply with all the provisions of law set forth in this
34 act; provided, however, that the amendments made to section 371 of the
35 general municipal law, made by sections six, seven and eight of this
36 act, shall not affect the expiration of such section and be deemed to
37 expire therewith; and provided, further, that the city of Buffalo shall
38 notify the legislative bill drafting commission upon the occurrence of
39 the enactment of the local law provided for in this section in order
40 that the commission may maintain an accurate and timely effective data
41 base of the official text of the laws of the state of New York in furth-
42 erance of effectuating the provisions of section 44 of the legislative
43 law and section 70-b of the public officers law.
44 PART DD
45 Section 1. Paragraph (a) of subdivision 1 of section 2281 of the vehi-
46 cle and traffic law, as amended by chapter 319 of the laws of 1997, is
47 amended to read as follows:
48 (a) "All terrain vehicle" or "ATV" means any self-propelled vehicle
49 which is manufactured for sale for operation primarily on off-highway
50 trails or off-highway competitions and only incidentally operated on
51 public highways providing that such vehicle does not exceed seventy
52 inches in width, or one thousand FIVE HUNDRED pounds dry weight.
53 Provided, however, this definition shall not include a "snowmobile" or
54 other self-propelled vehicles manufactured for off-highway use exclu-
S. 4208 41
1 sively designed for travel on snow or ice, steered by skis or runners
2 and supported in whole or in part by one or more skis, belts or cleats
3 which utilize an endless belt tread.
4 S 2. This act shall take effect on the thirtieth day after it shall
5 have become a law.
6 PART EE
7 Section 1. Subdivisions 1, 2, 3, the opening paragraph and paragraph g
8 of subdivision 4, the opening paragraph and paragraph h of subdivision 5
9 and subdivisions 7, 9 and 10 of section 915 of the executive law, subdi-
10 vision 1 as amended by chapter 454 of the laws of 2001 and subdivision 2
11 and the opening paragraph of subdivision 5 as amended by chapter 842 of
12 the laws of 1981, subdivision 3, the opening paragraph and paragraph g
13 of subdivision 4, paragraph h of subdivision 5 and subdivisions 7, 9 and
14 10, as added by chapter 840 of the laws of 1981, are amended to read as
15 follows:
16 1. It is the intention of this article to offer the fullest possible
17 support by the state and its agencies to those local governments that
18 desire to revitalize their waterfronts. Accordingly, any local govern-
19 ment or two or more local governments acting jointly OR ANY SOIL AND
20 WATER CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERN-
21 MENT OR LOCAL GOVERNMENTS which has any portion of its jurisdiction
22 contiguous to the state's coastal waters or inland waterways and which
23 desires to participate may submit a waterfront revitalization program to
24 the secretary as herein provided.
25 2. The secretary may provide technical and financial assistance as
26 provided in sections nine hundred seventeen and nine hundred eighteen OF
27 THIS ARTICLE to any local government OR ANY SOIL AND WATER CONSERVATION
28 DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERN-
29 MENTS for the preparation of a waterfront revitalization program for the
30 purposes of this article.
31 3. A local government or two or more local governments acting jointly
32 OR ANY SOIL AND WATER CONSERVATION DISTRICT, ACTING IN COOPERATION WITH
33 A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS which intends to submit a water-
34 front revitalization program for the purposes of this article is strong-
35 ly encouraged to consult, during its preparation, with other entities
36 that may be affected by its program, including local governments, SOIL
37 AND WATER CONSERVATION DISTRICTS, county and regional agencies, appro-
38 priate port authorities, community based groups and state and federal
39 agencies. On request by the local government OR THE SOIL AND WATER
40 CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR
41 LOCAL GOVERNMENTS, the secretary shall take appropriate action to facil-
42 itate such consultation.
43 The secretary shall prepare and distribute guidelines and regulations
44 for local governments OR SOIL AND WATER CONSERVATION DISTRICTS desiring
45 to prepare, or cause to be prepared, a waterfront revitalization program
46 (hereinafter referred to as the "program"). Such guidelines shall
47 provide that the program will be consistent with the policies and
48 purposes of this article generally and shall include, but not be limited
49 to:
50 g. Specification of the adequate authority and capability of the local
51 government OR SOIL AND WATER CONSERVATION DISTRICT, ACTING IN COOPER-
52 ATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, to implement the
53 program.
S. 4208 42
1 The secretary shall approve any local government OR SOIL AND WATER
2 CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR
3 LOCAL GOVERNMENTS, waterfront revitalization program as eligible for the
4 benefits set forth in section nine hundred sixteen of this article if he
5 finds that such program will be consistent with coastal policies and
6 will achieve the waterfront revitalization purposes of this article. In
7 making such determination, the secretary shall find that the program
8 incorporates each of the following to an extent commensurate with the
9 particular circumstances of that local government OR SOIL AND WATER
10 CONSERVATION DISTRICT:
11 h. A statement identifying those elements of the program which can be
12 implemented by the local government OR SOIL AND WATER CONSERVATION
13 DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERN-
14 MENTS, unaided, and those that can only be implemented with the aid of
15 other levels of government or other agencies. Such statement shall
16 include those permit, license, certification or approval programs,
17 grant, loan, subsidy or other funding assistance programs, facilities
18 construction and planning programs which may affect the achievement of
19 the waterfront revitalization program.
20 7. Where there is a conflict between a submitted waterfront revitali-
21 zation program and any state or federal policy, at the request of the
22 local government, THE SOIL AND WATER CONSERVATION DISTRICT, ACTING IN
23 COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, or the state
24 or federal agency affected, the secretary shall attempt to reconcile and
25 resolve the differences between the submitted program and such policies
26 and shall meet with the local government, SOIL AND WATER CONSERVATION
27 DISTRICT and involved state and federal agencies to this end.
28 9. Before undertaking any action pursuant to any programs identified
29 pursuant to paragraph [(h)] H of subdivision five of [section nine
30 hundred fifteen of] this [article] SECTION the affected state agency
31 shall submit, through appropriate existing clearing house procedures
32 including but not limited to the state environmental quality review law,
33 information on the proposed action to THE local government OR SOIL AND
34 WATER CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERN-
35 MENT OR LOCAL GOVERNMENTS. The local government OR SOIL AND WATER
36 CONSERVATION DISTRICT shall identify potential conflicts and so notify
37 the secretary. Upon notification of the conflict, the secretary will
38 confer with the affected state agency and the local government OR SOIL
39 AND WATER CONSERVATION DISTRICT to modify the proposed action to be
40 consistent with the local plan.
41 10. Any local government OR SOIL AND WATER CONSERVATION DISTRICT,
42 ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS,
43 which has had a waterfront revitalization program approved pursuant to
44 this section may withdraw its program at any time by filing with the
45 secretary a copy of a resolution of its legislative body providing for
46 such withdrawal. Upon receipt of such resolution, the secretary shall
47 immediately notify all affected state agencies.
48 S 2. The opening paragraph of section 916 of the executive law, as
49 amended by chapter 366 of the laws of 1986, is amended to read as
50 follows:
51 In recognition of the state policy set forth in this article to
52 encourage the revitalization of waterfront areas in a manner consistent
53 with local objectives, the following benefits shall apply where a local
54 government OR SOIL AND WATER CONSERVATION DISTRICT waterfront revitali-
55 zation program has been approved pursuant to section nine hundred
56 fifteen [or section nine hundred fifteen-a] of this article.
S. 4208 43
1 S 3. Section 917 of the executive law, as added by chapter 840 of the
2 laws of 1981, is amended to read as follows:
3 S 917. Technical assistance. The secretary shall encourage and assist
4 local governments AND SOIL AND WATER CONSERVATION DISTRICTS, ACTING IN
5 COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, in the prepa-
6 ration of waterfront revitalization programs and in the administration
7 and implementation of approved programs. Such assistance shall be
8 provided on request by the local government OR SOIL AND WATER CONSERVA-
9 TION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL
10 GOVERNMENTS, and shall include, as may be deemed appropriate by the
11 secretary, the provision of maps, data, criteria, model implementation
12 provisions, and technical counsel and advice. In addition, the secretary
13 shall facilitate consultation and coordination among local, county,
14 regional, state and federal agencies and community based groups in
15 connection with the preparation and administration of approved water-
16 front revitalization programs, and to facilitate the development of
17 projects called for by approved programs.
18 S 4. Paragraphs a and b of subdivision 1 and subdivision 2 of section
19 918 of the executive law, as added by chapter 840 of the laws of 1981,
20 are amended to read as follows:
21 a. To any local governments, or to two or more local governments, OR
22 SOIL AND WATER CONSERVATION DISTRICTS, IN COOPERATION WITH A LOCAL
23 GOVERNMENT OR LOCAL GOVERNMENTS, for projects approved by the secretary
24 which lead to preparation of a waterfront revitalization program;
25 provided, however, that such grants shall not exceed fifty percent of
26 the approved cost of such projects;
27 b. To any local government, OR SOIL AND WATER CONSERVATION DISTRICTS,
28 ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, or
29 local government agency for research, design, and other activities which
30 serve to facilitate construction projects provided for in an approved
31 waterfront revitalization program; provided, however, that such grants
32 shall not exceed ten percent of the estimated cost of such construction
33 project.
34 2. Funds available for the purposes of this section shall be allocated
35 in a fair and equitable manner; such allocation shall reflect the initi-
36 ative shown by local governments OR SOIL AND WATER CONSERVATION
37 DISTRICTS, IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS,
38 in preparing waterfront revitalization programs and in carrying them
39 out.
40 S 5. Subdivision 3 of section 920 of the executive law, as added by
41 chapter 840 of the laws of 1981, is amended to read as follows:
42 3. The secretary shall make this inventory available to state agen-
43 cies, local governments, SOIL AND WATER CONSERVATION DISTRICTS and the
44 public for planning purposes.
45 S 6. This act shall take effect immediately.
46 PART FF
47 Section 1. Section 904 of the labor law is amended by adding two new
48 subdivisions 2-a and 2-b to read as follows:
49 2-A. THE PROJECT NOTIFICATION FEE IMPOSED BY SUBDIVISION TWO OF THIS
50 SECTION SHALL BE WAIVED IF THE PROJECT IS BEING UNDERTAKEN BY OR ON
51 BEHALF OF A CITY, TOWN, VILLAGE, OR COUNTY THAT IS ABATING OR DEMOLISH-
52 ING A BUILDING THAT IS A PUBLIC NUISANCE OR UNSAFE. SUCH WAIVER SHALL
53 APPLY ONLY IF THE CITY, TOWN, VILLAGE OR COUNTY CERTIFIES IN WRITING
54 THAT THE PROJECT COST WILL EXCEED THE RESULTING VALUE OF THE PROPERTY.
S. 4208 44
1 2-B. THE PROJECT NOTIFICATION FEE IMPOSED BY SUBDIVISION TWO OF THIS
2 SECTION SHALL BE WAIVED IF THE PROJECT IS BEING UNDERTAKEN: (A) PURSUANT
3 TO A PLAN ADOPTED PURSUANT TO ARTICLE FIFTEEN OF THE GENERAL MUNICIPAL
4 LAW; (B) PURSUANT TO A PLAN ADOPTED PURSUANT TO ARTICLE EIGHTEEN-C OF
5 THE GENERAL MUNICIPAL LAW; OR (C) BY OR ON BEHALF OF A LAND BANK OPERAT-
6 ING PURSUANT TO ARTICLE SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
7 S 2. This act shall take effect immediately.
8 PART GG
9 Section 1. Subdivision 2 of section 904 of the labor law, as amended
10 by section 1 of part BB of chapter 57 of the laws of 2009, is amended to
11 read as follows:
12 2. Any contractor engaged in an asbestos project involving more than
13 two hundred sixty linear feet or more than one hundred sixty square feet
14 of asbestos or asbestos materials shall notify both the United States
15 Environmental Protection Agency, Region II, Air and Hazardous Material
16 Division and the commissioner in writing ten days prior to the commence-
17 ment of work on the project or, if emergency conditions make it impossi-
18 ble to provide ten days prior notice, as soon as practicable after iden-
19 tification of the project. The notice to the commissioner shall include
20 the following information: the name, address and asbestos handling
21 license number of the contractor working on the project; the address and
22 description of the building or area, including size, age and prior use
23 of the building or area; the amount of friable asbestos material present
24 in square feet and/or linear feet, if applicable; room designation
25 numbers or other local information where such asbestos material is found
26 unless such material is found throughout the entire structure; the sche-
27 duled starting and completion dates for removal; the procedures and
28 equipment, including ventilating systems that will be employed; any
29 additional information which the commissioner may require; and, EXCEPT
30 FOR CONTRACTORS EMPLOYED BY A MUNICIPALITY TO ENGAGE IN SUCH ASBESTOS
31 PROJECTS, shall be accompanied by a project notification fee as follows:
32 Project Size/Linear Feet Fee
33 260-429 $200
34 430-824 400
35 825-1649 1,000
36 1650 or more 2,000
37 Project Size/Square Feet Fee
38 160-259 $200
39 260-499 400
40 500-999 1,000
41 1000 or more 2,000
42 S 2. This act shall take effect immediately.
43 PART HH
44 Section 1. The tax law is amended by adding a new section 23-a to read
45 as follows:
46 S 23-A. ASBESTOS REMEDIATION CREDIT. (A) DEFINITIONS. AS USED IN THIS
47 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
S. 4208 45
1 (1) QUALIFIED STRUCTURE. "QUALIFIED STRUCTURE" SHALL MEAN (I) A BUILD-
2 ING, PRINCIPALLY USED BY THE TAXPAYER FOR RESIDENTIAL, INDUSTRIAL,
3 COMMERCIAL, RECREATIONAL OR ENVIRONMENTAL CONSERVATION PURPOSES, AND
4 (II) WHICH WAS ORIGINALLY PLACED IN SERVICE AT LEAST TWENTY-FIVE YEARS
5 PRIOR TO THE TAXABLE YEAR IN WHICH THE CREDIT IS CLAIMED.
6 (2) ELIGIBLE COSTS. "ELIGIBLE COSTS" SHALL MEAN ALL AMOUNTS PROPERLY
7 CHARGEABLE TO A CAPITAL ACCOUNT, WHICH ARE INCURRED IN DIRECT CONNECTION
8 TO ASBESTOS REMEDIATION OF A QUALIFIED ASBESTOS PROJECT.
9 (3) QUALIFIED ASBESTOS PROJECT. "QUALIFIED ASBESTOS PROJECT" SHALL BE
10 AN ASBESTOS PROJECT AS DEFINED IN SECTION NINE HUNDRED ONE OF THE LABOR
11 LAW AND UNDERTAKEN BY THE TAXPAYER, ON A QUALIFIED STRUCTURE, AND
12 COMPLETED PURSUANT TO THE APPLICABLE REGULATIONS AT PART FIFTY-SIX OF
13 TITLE TWELVE OF THE OFFICIAL COMPILATION OF RULES AND REGULATIONS OF THE
14 STATE.
15 (B) ASBESTOS REMEDIATION CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER
16 WHO HAS UNDERTAKEN A QUALIFIED ASBESTOS PROJECT ON A QUALIFIED STRUC-
17 TURE, AND WHO IS SUBJECT TO TAX UNDER ARTICLE NINE, NINE-A OR TWENTY-TWO
18 OF THIS CHAPTER, SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO
19 THE PROVISIONS REFERENCED IN SUBDIVISION (C) OF THIS SECTION.
20 (2) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE TWENTY PERCENT
21 OF ALL ELIGIBLE COSTS WHICH ARE INCURRED IN THE TAXABLE YEAR, AS A
22 RESULT OF ASBESTOS REMEDIATION WITH A COMPLETED QUALIFIED ASBESTOS
23 PROJECT. THE CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR IN WHICH THE
24 QUALIFIED ASBESTOS PROJECT IS FIRST COMMENCED AND FOR THE NEXT TWO
25 SUCCEEDING TAXABLE YEARS. THE CREDIT AUTHORIZED PURSUANT TO THIS SECTION
26 SHALL NOT EXCEED THE TOTAL SUM OF ONE MILLION DOLLARS FOR THE THREE
27 TAXABLE YEARS ALLOWED AND CLAIMED. THE COSTS, EXPENSES AND OTHER AMOUNTS
28 FOR WHICH A CREDIT IS ALLOWED AND CLAIMED UNDER THIS SUBDIVISION SHALL
29 NOT BE USED IN THE CALCULATION OF ANY OTHER CREDIT ALLOWED UNDER THIS
30 CHAPTER.
31 (C) CROSS-REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
32 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
33 ARTICLE 9: SECTION 187-T.
34 ARTICLE 9-A: SECTION 210-B, SUBDIVISION 49.
35 ARTICLE 22: SECTION 606, SUBSECTIONS (I) AND (CCC).
36 S 2. The tax law is amended by adding a new section 187-t to read as
37 follows:
38 S 187-T. ASBESTOS REMEDIATION CREDIT. 1. ALLOWANCE OF CREDIT. A
39 TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
40 SECTION TWENTY-THREE-A OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY
41 THIS ARTICLE. PROVIDED, HOWEVER, THAT THE AMOUNT OF SUCH CREDIT ALLOW-
42 ABLE AGAINST THE TAX IMPOSED BY SECTION ONE HUNDRED EIGHTY-FOUR OF THIS
43 ARTICLE SHALL BE THE EXCESS OF THE AMOUNT OF SUCH CREDIT OVER THE AMOUNT
44 OF ANY CREDIT ALLOWED BY THIS SECTION AGAINST THE TAX IMPOSED BY SECTION
45 ONE HUNDRED EIGHTY-THREE OF THIS ARTICLE.
46 2. APPLICATION OF CREDIT. THE CREDIT UNDER THIS SECTION FOR ANY TAXA-
47 BLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
48 APPLICABLE MINIMUM TAX PRESCRIBED BY THIS ARTICLE. IF, HOWEVER, THE
49 AMOUNT OF CREDIT ALLOWABLE UNDER THIS SECTION FOR ANY TAXABLE YEAR
50 REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN
51 SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
52 REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND
53 EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
54 SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
55 NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
S. 4208 46
1 S 3. Section 210-B of the tax law is amended by adding a new subdivi-
2 sion 49 to read as follows:
3 49. ASBESTOS REMEDIATION CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER
4 WHO HAS UNDERTAKEN A QUALIFIED ASBESTOS PROJECT ON AN EXISTING STRUCTURE
5 SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION TWEN-
6 TY-THREE-A OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE.
7 (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
8 FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
9 THAN THE HIGHER AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
10 THIS SECTION. HOWEVER, IF THE AMOUNT OF CREDITS ALLOWED UNDER THIS
11 SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY
12 AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE
13 TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORD-
14 ANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS
15 CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION
16 ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST
17 SHALL BE PAID THEREON.
18 S 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
19 of the tax law is amended by adding a new clause (xli) to read as
20 follows:
21 (XLI) ASBESTOS REMEDIATION AMOUNT OF CREDIT UNDER
22 CREDIT UNDER SUBSECTION (CCC) SUBDIVISION FORTY-NINE OF
23 SECTION TWO HUNDRED TEN-B
24 S 5. Section 606 of the tax law is amended by adding a new subsection
25 (ccc) to read as follows:
26 (CCC) ASBESTOS REMEDIATION CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER
27 WHO HAS UNDERTAKEN A QUALIFIED ASBESTOS PROJECT ON AN EXISTING STRUCTURE
28 SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION TWEN-
29 TY-THREE-A OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE.
30 (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
31 THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
32 SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
33 CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
34 HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST
35 SHALL BE PAID THEREON.
36 S 6. This act shall take effect immediately and shall apply to taxable
37 years commencing on or after such date.
38 PART II
39 Section 1. The soil and water conservation districts law is amended by
40 adding a new section 4-a to read as follows:
41 S 4-A. DRAIN TILE REVOLVING LOAN PROGRAM. 1. THE SOIL AND WATER
42 CONSERVATION COMMITTEE SHALL ESTABLISH AND MAINTAIN A DRAIN TILE REVOLV-
43 ING LOAN PROGRAM TO PROVIDE LOW INTEREST LOANS TO FARMERS FOR THE
44 PURPOSE OF ENHANCING THEIR FARM FIELDS WITH DRAIN TILE. SUCH PROGRAM
45 SHALL PROVIDE LOW INTEREST LOANS TO FARMERS FOR SUCH DRAIN TILE PROJECTS
46 AS THE COMMITTEE SHALL DEEM TO BE ELIGIBLE PURSUANT TO RULE OR REGU-
47 LATION.
48 2. THE COMMITTEE SHALL PROMULGATE RULES AND REGULATIONS FOR THE
49 PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION, INCLUDING ESTAB-
50 LISHING:
51 A. AN APPLICATION PROCESS WHEREBY FARMERS MAY APPLY FOR LOANS;
52 B. CRITERIA AND STANDARDS FOR DETERMINING A FARMER'S ELIGIBILITY FOR A
53 LOAN;
S. 4208 47
1 C. CRITERIA AND STANDARDS FOR DETERMINING THE PRIORITY TO BE GRANTED
2 AMONG DRAIN TILE PROJECTS;
3 D. CRITERIA AND STANDARDS FOR DETERMINING THE AMOUNT OF FINANCIAL
4 ASSISTANCE TO BE PROVIDED TO A FARMER FOR A DRAIN TILE PROJECT; AND
5 E. CRITERIA AND STANDARDS TO BE USED IN DETERMINING THE LOAN REPAYMENT
6 PERIODS AND THE TERMS OF ANY REPAYMENT AGREEMENTS.
7 3. THE AMOUNT OF FUNDS IN THE DRAIN TILE REVOLVING LOAN PROGRAM SHALL
8 BE SUBJECT TO A BUDGETARY APPROPRIATION.
9 4. THE COMMITTEE MAY PROVIDE LOW INTEREST LOANS TO FARMERS WITHIN THE
10 AMOUNTS AVAILABLE IN THE DRAIN TILE REVOLVING LOAN FUND ESTABLISHED
11 PURSUANT TO THIS SECTION.
12 S 2. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law; provided, however, that any rules and regu-
14 lations necessary to implement the provisions of this act on its effec-
15 tive date are authorized to be made on or before such date.
16 PART JJ
17 Section 1. Paragraph (a) of subdivision 1 of section 11-a of the soil
18 and water conservation districts law, as amended by chapter 316 of the
19 laws of 2012, is amended to read as follows:
20 (a) Reimburse each soil and water conservation district to the extent
21 of fifty percent of the amount expended by the district for the items
22 specified in this paragraph, up to sixty thousand dollars per district
23 in any fiscal year. Reimbursement pursuant to this paragraph shall be
24 limited to: expenditures for the employment of conservation field tech-
25 nicians or district managers[,]; RENT, BUILDING EXPENSES AND THE COST OF
26 UTILITIES; and the purchase of supplies and equipment related to [these]
27 SUCH positions, for the purpose of supervising or providing technical
28 assistance for the establishment and implementation of soil and water
29 conservation practices in accordance with programs undertaken by the
30 district. At the end of each calendar year, verified and detailed claims
31 for such reimbursement shall be submitted to the state soil and water
32 conservation committee in such form and manner and containing such
33 information as the state soil and water conservation committee, the
34 commissioner of agriculture and markets and the state comptroller may
35 require. Notwithstanding any other provision of this chapter, the soil
36 and water conservation district of New York city shall be considered the
37 equivalent of five districts when reimbursed in accordance with the
38 provisions of this paragraph.
39 S 2. This act shall take effect immediately.
40 PART KK
41 Section 1. Section 19-0323 of the environmental conservation law, as
42 added by chapter 629 of the laws of 2006, subdivisions 3 and 5 as
43 amended by section 1 and subdivision 7 as amended by section 2 of part
44 DD of chapter 57 of the laws of 2014, and subdivisions 6 and 8 as renum-
45 bered by section 1 of part C of chapter 59 of the laws of 2010, is
46 amended to read as follows:
47 S 19-0323. Use of ultra low sulfur diesel fuel and best available tech-
48 nology by the state.
49 1. As used in this section, the terms:
50 a. "Ultra low sulfur diesel fuel" means diesel fuel having sulfur
51 content of 0.0015 [per cent] PERCENT of sulfur or less.
S. 4208 48
1 b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle
2 powered by diesel fuel and having a gross vehicle weight of greater than
3 8,500 pounds, except that those vehicles defined in section 101 of the
4 vehicle and traffic law, paragraph 2 of schedule E and paragraph (a) of
5 schedule F of subdivision 7 of section 401 of such law, and vehicles
6 specified in subdivision 13 of section 401 of such law, and farm type
7 tractors and all terrain type vehicles used exclusively for agricultural
8 or mowing purposes, or for snow plowing, other than for hire, farm
9 equipment, including self-propelled machines used exclusively in grow-
10 ing, harvesting or handling farm produce, and self-propelled caterpillar
11 or crawler-type equipment while being operated on the contract site, and
12 timber harvesting equipment such as harvesters, wood chippers, forward-
13 ers, log skidders, and other processing equipment used exclusively off
14 highway for timber harvesting and logging purposes, shall not be deemed
15 heavy duty vehicles for purposes of this section. This term shall not
16 include vehicles that are specially equipped for emergency response by
17 the department, office of emergency management, sheriff's office of the
18 department of finance, police department or fire department.
19 c. "Best available retrofit technology" means technology, verified by
20 the United States environmental protection agency for reducing the emis-
21 sion of pollutants that achieves reductions in particulate matter emis-
22 sions at the highest classification level for diesel emission control
23 strategies that is applicable to the particular engine and application.
24 Such technology shall also, at a reasonable cost, achieve the greatest
25 reduction in emissions of nitrogen oxides at such particulate matter
26 reduction level and shall in no event result in a net increase in the
27 emissions of either particulate matter or nitrogen oxides.
28 d. "Reasonable cost" means that such technology does not cost greater
29 than 30 percent more than other technology applicable to the particular
30 engine and application that falls within the same classification level
31 for diesel emission control strategies, as set forth in paragraph c of
32 this subdivision, when considering the cost of the strategies, them-
33 selves, and the cost of installation.
34 2. Any diesel powered heavy duty vehicle that is owned by, operated by
35 or on behalf of, or leased by a state agency and state and regional
36 public authority shall be powered by ultra low sulfur diesel fuel.
37 3. Any diesel powered heavy duty vehicle that is owned by, operated by
38 [or on behalf of,] or leased by a state agency and state and regional
39 public authority with more than half of its governing body appointed by
40 the governor shall utilize the best available retrofit technology for
41 reducing the emission of pollutants. The commissioner shall promulgate
42 regulations for the implementation of this subdivision specifying that
43 all vehicles covered by this subdivision shall have best available
44 retrofit technology on or before December 31, [2015] 2017.
45 This subdivision shall not apply to any vehicle subject to a lease or
46 public works contract entered into or renewed prior to the effective
47 date of this section.
48 4. In addition to other provisions for regulations in this section,
49 the commissioner shall promulgate regulations as necessary and appropri-
50 ate to carry out the provisions of this act including but not limited to
51 provision for waivers upon written finding by the commissioner that (a)
52 best available retrofit technology for reducing the emissions of pollu-
53 tants as required by subdivision 3 of this section is not available for
54 a particular vehicle or class of vehicles and (b) that ultra low sulfur
55 diesel fuel is not available.
S. 4208 49
1 5. In addition to any waiver which may be issued pursuant to subdivi-
2 sion four of this section, the department shall issue a waiver to a
3 state agency[,] OR a state or regional public authority[, or a person
4 operating any diesel-powered heavy duty vehicle on behalf of a state
5 agency, state or regional public authority,] upon a request in a form
6 acceptable to the department for a waiver from the provisions of subdi-
7 vision three of this section for a vehicle engine provided that such
8 vehicle engine will cease to be used in the state on or before December
9 thirty-first, two thousand [sixteen] TWENTY. Any waiver issued pursuant
10 to this subdivision shall expire when a state agency[, a state or
11 regional public authority, or a person operating any diesel-powered
12 heavy duty vehicle on behalf of a state agency,] OR A state or regional
13 public authority ceases to use the engine in the state but not later
14 than December thirty-first, two thousand [sixteen] TWENTY.
15 6. This section shall not apply where federal law or funding precludes
16 the state from imposing the requirements of this section.
17 7. On or before January 1, 2008 and every year thereafter, the commis-
18 sioner shall report to the governor and legislature on the use of ultra
19 low sulfur diesel fuel. On or before January 1, [2016] 2018 and every
20 year thereafter, the commissioner shall include in the report to the
21 governor and legislature the use of the best available retrofit technol-
22 ogy as required under this section. The information contained in this
23 report shall include, but not be limited to, for each state agency and
24 public authority covered by this section: (a) the total number of diesel
25 fuel-powered motor vehicles owned or operated by such agency and author-
26 ity; (b) the number of such motor vehicles that were powered by ultra
27 low sulfur diesel fuel; (c) the total number of diesel fuel-powered
28 motor vehicles owned or operated by such agency and authority having a
29 gross vehicle weight rating of more than 8,500 pounds; (d) the number of
30 such motor vehicles that utilized the best available retrofit technolo-
31 gy, including a breakdown by motor vehicle model, engine year and the
32 type of technology used for each vehicle; (e) the number of such motor
33 vehicles that are equipped with an engine certified to the applicable
34 2007 United States environmental protection agency standard for particu-
35 late matter as set forth in section 86.007-11 of title 40 of the code of
36 federal regulations or to any subsequent United States environmental
37 protection agency standard for particulate matter that is at least as
38 stringent; and (f) all waivers, findings, and renewals of such findings,
39 which, for each waiver, shall include, but not be limited to, the quan-
40 tity of diesel fuel needed to power diesel fuel-powered motor vehicles
41 owned or operated by such agency and authority; specific information
42 concerning the availability of ultra low sulfur diesel fuel.
43 8. The department shall, to the extent practicable, coordinate with
44 regions which have proposed or adopted heavy duty emission inspection
45 programs to promote regional consistency in such programs.
46 S 2. This act shall take effect immediately.
47 PART LL
48 Section 1. The public authorities law is amended by adding a new
49 section 2858 to read as follows:
50 S 2858. EXEMPTIONS FROM TOLLS. 1. ANY PUBLIC AUTHORITY UNDER TITLE
51 NINE OF ARTICLE TWO, TITLE TWO OF ARTICLE THREE OR TITLE THREE OF ARTI-
52 CLE THREE OF THIS CHAPTER, SHALL PROVIDE AN EXEMPTION FROM ANY TOLL
53 IMPOSED BY SUCH AUTHORITY FOR TRANSPORTATION ACROSS, ON OR THROUGH ANY
54 BRIDGE, ROAD OR TUNNEL, FOR ANY FARMER OR FOOD PRODUCER WHO:
S. 4208 50
1 A. FARMS OR PRODUCES FOOD, INCLUDING FISH AND FISH PRODUCTS, ON A
2 PROPERTY LOCATED IN THE STATE; AND
3 B. IS TRANSPORTING SUCH FOOD TO THE CITY OF NEW YORK FOR THE PURPOSES
4 OF CONSUMPTION WITHIN SUCH CITY.
5 2. ANY PERSON EXEMPT FROM A TOLL PURSUANT TO SUBDIVISION ONE OF THIS
6 SECTION SHALL ALSO BE EXEMPT FROM ANY CONGESTION PRICING PLAN IMPLE-
7 MENTED IN THE CITY OF NEW YORK.
8 3. THE NEW YORK STATE THRUWAY AUTHORITY SHALL ESTABLISH ACCEPTABLE
9 FORMS OF PROOF TO SHOW THAT AN INDIVIDUAL DOES, IN FACT, COMPLY WITH
10 PARAGRAPHS A AND B OF SUBDIVISION ONE OF THIS SECTION.
11 S 2. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law.
13 PART MM
14 Section 1. Section 328 of the agriculture and markets law is amended
15 by adding a new subdivision 5 to read as follows:
16 5. "BEGINNING FARMER" SHALL MEAN A FARMER WHO HAS NOT PRODUCED AN
17 "AGRICULTURAL PRODUCT" AS DEFINED IN THIS SECTION, FOR MORE THAN TEN
18 CONSECUTIVE YEARS, AND WHO WILL MATERIALLY AND SUBSTANTIALLY PARTICIPATE
19 IN THE PRODUCTION OF AN AGRICULTURAL PRODUCT WITHIN A REGION OF THE
20 STATE.
21 S 2. The agriculture and markets law is amended by adding a new
22 section 330-a to read as follows:
23 S 330-A. BEGINNING FARMER REVOLVING LOAN PROGRAM. 1. THE COMMISSIONER
24 SHALL ESTABLISH AND MAINTAIN A BEGINNING FARMER REVOLVING LOAN PROGRAM
25 TO PROVIDE LOW INTEREST LOANS TO BEGINNING FARMERS FOR THE PURPOSES OF
26 SUPPORTING BEGINNING FARMERS, ENCOURAGING THE GROWTH OF SMALL AGRIBUSI-
27 NESS, PRESERVING FARMLAND AS A WORKING AGRICULTURAL LANDSCAPE, AND
28 PROVIDING OPEN SPACE BENEFITS FOR ALL RESIDENTS OF THE STATE. PROPERLY
29 MANAGED FARMLAND HAS BEEN DEMONSTRATED TO BE THE BEST ENVIRONMENTAL
30 USAGE OF LAND FOR WATERSHED PROTECTION, SO IT IS IN THE BEST INTEREST OF
31 THE STATE TO MAINTAIN AGRICULTURAL LAND. SUCH PROGRAM SHALL, FROM ANY
32 APPROPRIATION MADE AVAILABLE FOR THIS PURPOSE, PROVIDE LOW INTEREST
33 LOANS TO BEGINNING FARMERS AS THE COMMISSIONER SHALL DEEM TO BE ELIGIBLE
34 PURSUANT TO RULE OR REGULATION.
35 2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS FOR THE
36 PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION, INCLUDING ESTAB-
37 LISHING:
38 A. AN APPLICATION PROCESS WHEREBY BEGINNING FARMERS MAY APPLY FOR
39 LOANS;
40 B. CRITERIA AND STANDARDS FOR DETERMINING A BEGINNING FARMER'S ELIGI-
41 BILITY FOR A LOAN;
42 C. CRITERIA AND STANDARDS FOR DETERMINING THE PRIORITY TO BE GRANTED
43 AMONG BEGINNING FARMER APPLICANTS;
44 D. CRITERIA AND STANDARDS FOR DETERMINING THE AMOUNT OF FINANCIAL
45 ASSISTANCE TO BE PROVIDED TO A BEGINNING FARMER; AND
46 E. CRITERIA AND STANDARDS TO BE USED IN DETERMINING THE LOAN REPAYMENT
47 PERIODS AND THE TERMS OF ANY REPAYMENT AGREEMENT.
48 S 3. This act shall take effect on the first of April next succeeding
49 the date on which it shall have become a law; provided, however, that
50 any rules and regulations necessary to implement the provisions of this
51 act on its effective date are authorized to be made on or before such
52 date.
53 PART NN
S. 4208 51
1 Section 1. Section 16 of the agriculture and markets law is amended by
2 adding a new subdivision 2-e to read as follows:
3 2-E. AID IN EFFORTS SUPPORTING THE SUCCESSFUL TRANSFER OF VIABLE AGRI-
4 CULTURAL LAND FROM EXISTING OWNERS TO NEW OWNERS AND OPERATORS, ESPE-
5 CIALLY BEGINNING FARMERS.
6 S 2. Subdivision 5 of section 309 of the agriculture and markets law,
7 as added by chapter 79 of the laws of 1980, is amended to read as
8 follows:
9 5. The advisory council on agriculture shall advise the commissioner
10 and other state agency heads on state government plans, policies and
11 programs affecting farming and the agricultural industry of this state
12 INCLUDING, BUT NOT LIMITED TO, ADVICE REGARDING TAX, FINANCIAL ASSIST-
13 ANCE AND OTHER POLICIES AND PROGRAMS THAT COULD ADDRESS THE NEEDS OF
14 BEGINNING FARMERS AND ISSUES RELATED TO TRANSFER OF OWNERSHIP OF FARMS.
15 Concerned state agencies shall be encouraged to establish a working
16 relationship with the council and shall fully cooperate with the council
17 in any requests it shall make.
18 S 3. Subdivision 6 of section 323 of the agriculture and markets law,
19 as amended by chapter 150 of the laws of 2013, is amended to read as
20 follows:
21 6. reporting biennially to the governor and the legislature regarding
22 the activities of the commissioner, INCLUDING EFFORTS TO ENHANCE ACCESS
23 TO VIABLE AGRICULTURAL LAND FOR NEW AND BEGINNING FARMERS, the types of
24 technical assistance rendered to county agricultural and farmland
25 protection boards, municipalities, soil and water conservation districts
26 and not-for-profit conservation organizations, and the need to protect
27 the state's agricultural economy and land resources.
28 S 4. The agriculture and markets law is amended by adding a new
29 section 329-a to read as follows:
30 S 329-A. FARMLAND AVAILABILITY INFORMATION. 1. THE DEPARTMENT SHALL
31 COLLECT AND COMPILE INFORMATION ABOUT PUBLIC LAND THAT IS VIABLE FOR
32 FARMING AND IS AVAILABLE FOR PURCHASE OR LEASE FOR FARMING AND MAKE
33 AVAILABLE SUCH INFORMATION, INCLUDING CONTACT INFORMATION FOR THE OFFICE
34 OF GENERAL SERVICES, OTHER STATE AGENCIES, MUNICIPALITIES, AND OTHER
35 GOVERNMENTAL ENTITIES OFFERING SUCH LAND, ON ITS INTERNET WEBSITE. THE
36 DEPARTMENT SHALL PROVIDE GUIDANCE AND ASSISTANCE TO THE OFFICE OF GENER-
37 AL SERVICES, OTHER STATE AGENCIES, MUNICIPALITIES AND OTHER GOVERNMENTAL
38 ORGANIZATIONS THAT REQUEST SUCH ASSISTANCE, IN IDENTIFYING LAND THAT IS
39 VIABLE FOR FARMING.
40 2. THE DEPARTMENT MAY ALSO MAKE AVAILABLE SIMILAR INFORMATION ABOUT
41 PRIVATE LAND AVAILABLE FOR PURCHASE OR LEASE FOR FARMING, INCLUDING
42 CONTACT INFORMATION FOR THE OWNERS OF SUCH LAND.
43 S 5. Section 2 of the public lands law is amended by adding two new
44 subdivisions 2-a and 2-b to read as follows:
45 2-A. STATE-OWNED REAL PROPERTY INVENTORY; FARMING. A. THE COMMISSIONER
46 OF GENERAL SERVICES IS AUTHORIZED AND DIRECTED TO DEVELOP AN INVENTORY,
47 IN COOPERATION WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, OF
48 STATE-OWNED REAL PROPERTY THAT MAY BE VIABLE FOR FARMING.
49 B. IF THE COMMISSIONER DETERMINES THAT ANY OF SUCH PROPERTY SHOULD BE
50 MADE AVAILABLE FOR PURCHASE OR LEASE FOR FARMING THEN SUCH INFORMATION
51 SHALL BE PROVIDED TO THE DEPARTMENT OF AGRICULTURE AND MARKETS FOR THE
52 FARMLAND AVAILABILITY INFORMATION PROGRAM, PROVIDED, HOWEVER, THAT IF
53 THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF AGRICULTURE
54 AND MARKETS, DETERMINES THAT ANY OF SUCH PROPERTY SHOULD BE PROTECTED
55 AND PRESERVED USING ARTICLE TWENTY-FIVE-AAA OF THE AGRICULTURE AND
56 MARKETS LAW THEN INFORMATION ABOUT SUCH PROPERTY SHALL NOT BE PROVIDED
S. 4208 52
1 FOR THE FARMLAND AVAILABILITY INFORMATION PROGRAM UNTIL A REVIEW OF THE
2 MERITS AND FEASIBILITY OF PRESERVING SUCH PROPERTY USING SUCH ARTICLE
3 HAS BEEN CONSIDERED.
4 2-B. REPORT. THE COMMISSIONER SHALL REPORT TO THE GOVERNOR AND THE
5 LEGISLATURE WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION
6 ON:
7 A. THE INVENTORY OF STATE-OWNED REAL PROPERTY THAT MAY BE VIABLE FOR
8 FARMING CONDUCTED PURSUANT TO SUBDIVISION TWO-A OF THIS SECTION;
9 B. THE FEASIBILITY OF, AND BARRIERS TO, SELLING, LEASING OR USING SUCH
10 PROPERTY FOR FARMING;
11 C. THE FEASIBILITY OF USING ARTICLE TWENTY-FIVE-AAA OF AGRICULTURE AND
12 MARKETS LAW TO PROTECT AND PRESERVE SUCH LAND FOR FARMING WHEN SUCH LAND
13 IS SOLD; AND
14 D. ANY CONCERNS RELATED TO SELLING OR LEASING SUCH PROPERTY FOR FARM-
15 ING, INCLUDING, BUT NOT LIMITED TO, THE TYPES OF FARMING ACTIVITIES THAT
16 MAY BE APPROPRIATE AND THE ENVIRONMENTAL AND COMMUNITY IMPACTS OF FARM-
17 ING SUCH PROPERTIES.
18 S 6. Section 2 of the public lands law is amended by adding a new
19 subdivision 3-a to read as follows:
20 3-A. LAND VIABLE FOR FARMING; IDENTIFICATION. THE COMMISSIONER OF
21 GENERAL SERVICES IS AUTHORIZED AND DIRECTED, AS PART OF THE STATE-OWNED
22 REAL PROPERTY MANAGEMENT PROGRAM, TO WORK WITH STATE AGENCIES TO IDENTI-
23 FY LAND THAT MAY BE VIABLE FOR FARMING AND MAY BE MADE AVAILABLE FOR
24 PURCHASE OR LEASE FOR FARMING.
25 S 7. This act shall take effect immediately.
26 PART OO
27 Section 1. Paragraph gg of subdivision 4 of section 1950 of the educa-
28 tion law, as amended by chapter 301 of the laws of 1996, is amended to
29 read as follows:
30 gg. (1) Notwithstanding any other provision of law, a board of cooper-
31 ative educational services may provide training for employment to adults
32 on a space available basis, with consideration given to occupations and
33 industries in demand, and establish reduced adult tuition rates for such
34 training. For the purposes of this section, training for employment for
35 adults shall be offered through state approved sequences or parts there-
36 of of secondary career education instruction. Adults may participate in
37 such instruction and be awarded certificates of completion, but they may
38 not earn credit based on their participation towards a high school
39 diploma. Pursuant to section forty-six hundred two of this chapter, a
40 board of cooperative educational services may establish such reduced
41 rates for participation of adults provided that participation is limited
42 to assigned instructional staff and currently used facilities in sched-
43 uled secondary career education programs, and provided further that such
44 rates may not be less than fifty percent of the tuition rates charged to
45 school districts for the participation of secondary students in the same
46 programs, unless waived by the commissioner based on application of the
47 board of cooperative educational services. This participation of adults
48 at reduced tuition rates shall be in accordance with terms agreed upon
49 by the board of cooperative educational services and the component
50 school districts receiving such services but in no case shall such rates
51 result in extraordinary costs assigned to such component school
52 districts. Boards of cooperative educational services which provide such
53 training to adults shall submit to the commissioner annually a report
54 which shall include but not be limited to the number of adults served,
S. 4208 53
1 referral source, training sequences or parts thereof taken by adult
2 participants, the tuition rates charged to them, and the gross revenues
3 realized therefrom. For the purpose of this paragraph, "adult" shall
4 mean any person under the age of twenty-one who has received a high
5 school diploma or any person twenty-one years of age or older, whether
6 or not they have received a high school diploma.
7 (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO SUPERVISE, ENCOUR-
8 AGE AND PROMOTE A YOUNG FARMER APPRENTICE PROGRAM WITHIN NEW YORK STATE
9 AND TO ESTABLISH SUGGESTED STANDARDS FOR APPRENTICESHIP AGREEMENTS
10 BETWEEN PROSPECTIVE YOUNG FARMERS AND NEW YORK STATE AGRICULTURAL ENTER-
11 PRISES.
12 S 2. This act shall take effect immediately.
13 PART PP
14 Section 1. Short title. This act shall be known and may be cited as
15 the "bridge and road investment and dedicated fund guaranteed enforce-
16 ment (BRIDGE) reform act".
17 S 2. Paragraph a of subdivision 5 of section 89-b of the state finance
18 law, as amended by section 10 of part C of chapter 57 of the laws of
19 2014, is amended to read as follows:
20 a. Moneys in the dedicated highway and bridge trust fund shall,
21 following appropriation by the legislature, be utilized for: recon-
22 struction, replacement, reconditioning, restoration, rehabilitation and
23 preservation of state, county, town, city and village roads, highways,
24 parkways, and bridges thereon, to restore such facilities to their
25 intended functions; construction, reconstruction, enhancement and
26 improvement of state, county, town, city, and village roads, highways,
27 parkways, and bridges thereon, to address current and projected capacity
28 problems including costs for traffic mitigation activities; aviation
29 projects authorized pursuant to section fourteen-j of the transportation
30 law and for payments to the general debt service fund of amounts equal
31 to amounts required for service contract payments related to aviation
32 projects as provided and authorized by section three hundred eighty-six
33 of the public authorities law; programs to assist small and minority and
34 women-owned firms engaged in transportation construction and recon-
35 struction projects, including a revolving fund for working capital
36 loans, and a bonding guarantee assistance program in accordance with
37 provisions of this chapter; matching federal grants or apportionments to
38 the state for highway, parkway and bridge capital projects; the acquisi-
39 tion of real property and interests therein required or expected to be
40 required in connection with such projects; preventive maintenance activ-
41 ities necessary to ensure that highways, parkways and bridges meet or
42 exceed their optimum useful life; [expenses of control of snow and ice
43 on state highways by the department of transportation including but not
44 limited to personal services, nonpersonal services and fringe benefits,
45 payment of emergency aid for control of snow and ice in municipalities
46 pursuant to section fifty-five of the highway law, expenses of control
47 of snow and ice on state highways by municipalities pursuant to section
48 twelve of the highway law, and for expenses of arterial maintenance
49 agreements with cities pursuant to section three hundred forty-nine of
50 the highway law;] personal services, nonpersonal services, and fringe
51 benefit costs of the department of transportation for bus safety
52 inspection activities, rail safety inspection activities, and truck
53 safety inspection activities; [costs of the department of motor vehi-
54 cles, including but not limited to personal and nonpersonal services;]
S. 4208 54
1 costs of engineering and administrative services of the department of
2 transportation, including but not limited to fringe benefits; the
3 contract services provided by private firms in accordance with section
4 fourteen of the transportation law; personal services and nonpersonal
5 services, for activities including but not limited to the preparation of
6 designs, plans, specifications and estimates; construction management
7 and supervision activities; costs of appraisals, surveys, testing and
8 environmental impact statements for transportation projects; expenses in
9 connection with buildings, equipment, materials and facilities used or
10 useful in connection with the maintenance, operation, and repair of
11 highways, parkways and bridges thereon; and project costs for:
12 construction, reconstruction, improvement, reconditioning and preserva-
13 tion of rail freight facilities and intercity rail passenger facilities
14 and equipment; construction, reconstruction, improvement, reconditioning
15 and preservation of state, municipal and privately owned ports;
16 construction, reconstruction, improvement, reconditioning and preserva-
17 tion of municipal airports; privately owned airports and aviation capi-
18 tal facilities, excluding airports operated by the state or operated by
19 a bi-state municipal corporate instrumentality for which federal funding
20 is not available provided the project is consistent with an approved
21 airport layout plan; and construction, reconstruction, enhancement,
22 improvement, replacement, reconditioning, restoration, rehabilitation
23 and preservation of state, county, town, city and village roads, high-
24 ways, parkways and bridges; and construction, reconstruction, improve-
25 ment, reconditioning and preservation of fixed ferry facilities of
26 municipal and privately owned ferry lines for transportation purposes,
27 and the payment of debt service required on any bonds, notes or other
28 obligations and related expenses for highway, parkway, bridge and
29 project costs for: construction, reconstruction, improvement, recondi-
30 tioning and preservation of rail freight facilities and intercity rail
31 passenger facilities and equipment; construction, reconstruction,
32 improvement, reconditioning and preservation of state, municipal and
33 privately owned ports; construction, reconstruction, improvement, recon-
34 ditioning and preservation of municipal airports; privately owned
35 airports and aviation capital facilities, excluding airports operated by
36 the state or operated by a bi-state municipal corporate instrumentality
37 for which federal funding is not available provided the project is
38 consistent with an approved airport layout plan; construction, recon-
39 struction, enhancement, improvement, replacement, reconditioning, resto-
40 ration, rehabilitation and preservation of state, county, town, city and
41 village roads, highways, parkways and bridges; and construction, recon-
42 struction, improvement, reconditioning and preservation of fixed ferry
43 facilities of municipal and privately owned ferry lines for transporta-
44 tion purposes, purposes authorized on or after the effective date of
45 this section. Beginning with disbursements made on and after the first
46 day of April, nineteen hundred ninety-three, moneys in such fund shall
47 be available to pay such costs or expenses made pursuant to appropri-
48 ations or reappropriations made during the state fiscal year which began
49 on the first of April, nineteen hundred ninety-two. Beginning the first
50 day of April, nineteen hundred ninety-three, moneys in such fund shall
51 also be used for transfers to the general debt service fund and the
52 revenue bond tax fund of amounts equal to that respectively required for
53 service contract and financing agreement payments as provided and
54 authorized by section three hundred eighty of the public authorities
55 law, section eleven of chapter three hundred twenty-nine of the laws of
S. 4208 55
1 nineteen hundred ninety-one, as amended, and sections sixty-eight-c and
2 sixty-nine-o of this chapter.
3 S 3. Paragraph a of subdivision 5 of section 89-b of the state finance
4 law, as amended by section 11 of part C of chapter 57 of the laws of
5 2014, is amended to read as follows:
6 a. Moneys in the dedicated highway and bridge trust fund shall,
7 following appropriation by the legislature, be utilized for: recon-
8 struction, replacement, reconditioning, restoration, rehabilitation and
9 preservation of state, county, town, city and village roads, highways,
10 parkways, and bridges thereon, to restore such facilities to their
11 intended functions; construction, reconstruction, enhancement and
12 improvement of state, county, town, city, and village roads, highways,
13 parkways, and bridges thereon, to address current and projected capacity
14 problems including costs for traffic mitigation activities; aviation
15 projects authorized pursuant to section fourteen-j of the transportation
16 law and for payments to the general debt service fund of amounts equal
17 to amounts required for service contract payments related to aviation
18 projects as provided and authorized by section three hundred eighty-six
19 of the public authorities law; programs to assist small and minority and
20 women-owned firms engaged in transportation construction and recon-
21 struction projects, including a revolving fund for working capital
22 loans, and a bonding guarantee assistance program in accordance with
23 provisions of this chapter; matching federal grants or apportionments to
24 the state for highway, parkway and bridge capital projects; the acquisi-
25 tion of real property and interests therein required or expected to be
26 required in connection with such projects; preventive maintenance activ-
27 ities necessary to ensure that highways, parkways and bridges meet or
28 exceed their optimum useful life; [expenses of control of snow and ice
29 on state highways by the department of transportation including but not
30 limited to personal services, nonpersonal services and fringe benefits,
31 payment of emergency aid for control of snow and ice in municipalities
32 pursuant to section fifty-five of the highway law, expenses of control
33 of snow and ice on state highways by municipalities pursuant to section
34 twelve of the highway law, and for expenses of arterial maintenance
35 agreements with cities pursuant to section three hundred forty-nine of
36 the highway law;] personal services, nonpersonal services, and fringe
37 benefit costs of the department of transportation for bus safety
38 inspection activities, rail safety inspection activities, and truck
39 safety inspection activities; costs of engineering and administrative
40 services of the department of transportation, including but not limited
41 to fringe benefits; the contract services provided by private firms in
42 accordance with section fourteen of the transportation law; personal
43 services and nonpersonal services, for activities including but not
44 limited to the preparation of designs, plans, specifications and esti-
45 mates; construction management and supervision activities; costs of
46 appraisals, surveys, testing and environmental impact statements for
47 transportation projects; expenses in connection with buildings, equip-
48 ment, materials and facilities used or useful in connection with the
49 maintenance, operation, and repair of highways, parkways and bridges
50 thereon; and project costs for: construction, reconstruction, improve-
51 ment, reconditioning and preservation of rail freight facilities and
52 intercity rail passenger facilities and equipment; construction, recon-
53 struction, improvement, reconditioning and preservation of state, munic-
54 ipal and privately owned ports; construction, reconstruction, improve-
55 ment, reconditioning and preservation of municipal airports; privately
56 owned airports and aviation capital facilities, excluding airports oper-
S. 4208 56
1 ated by the state or operated by a bi-state municipal corporate instru-
2 mentality for which federal funding is not available provided the
3 project is consistent with an approved airport layout plan; and
4 construction, reconstruction, enhancement, improvement, replacement,
5 reconditioning, restoration, rehabilitation and preservation of state,
6 county, town, city and village roads, highways, parkways and bridges;
7 and construction, reconstruction, improvement, reconditioning and pres-
8 ervation of fixed ferry facilities of municipal and privately owned
9 ferry lines for transportation purposes, and the payment of debt service
10 required on any bonds, notes or other obligations and related expenses
11 for highway, parkway, bridge and project costs for: construction, recon-
12 struction, improvement, reconditioning and preservation of rail freight
13 facilities and intercity rail passenger facilities and equipment;
14 construction, reconstruction, improvement, reconditioning and preserva-
15 tion of state, municipal and privately owned ports; construction, recon-
16 struction, improvement, reconditioning and preservation of municipal
17 airports; privately owned airports and aviation capital facilities,
18 excluding airports operated by the state or operated by a bi-state
19 municipal corporate instrumentality for which federal funding is not
20 available provided the project is consistent with an approved airport
21 layout plan; construction, reconstruction, enhancement, improvement,
22 replacement, reconditioning, restoration, rehabilitation and preserva-
23 tion of state, county, town, city and village roads, highways, parkways
24 and bridges; and construction, reconstruction, improvement, recondition-
25 ing and preservation of fixed ferry facilities of municipal and private-
26 ly owned ferry lines for transportation purposes, purposes authorized on
27 or after the effective date of this section. Beginning with disburse-
28 ments made on and after the first day of April, nineteen hundred nine-
29 ty-three, moneys in such fund shall be available to pay such costs or
30 expenses made pursuant to appropriations or reappropriations made during
31 the state fiscal year which began on the first of April, nineteen
32 hundred ninety-two. Beginning the first day of April, nineteen hundred
33 ninety-three, moneys in such fund shall also be used for transfers to
34 the general debt service fund and the revenue bond tax fund of amounts
35 equal to that respectively required for service contract and financing
36 agreement payments as provided and authorized by section three hundred
37 eighty of the public authorities law, section eleven of chapter three
38 hundred twenty-nine of the laws of nineteen hundred ninety-one, as
39 amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
40 S 4. Subdivision 5 of section 89-b of the state finance law is amended
41 by adding two new paragraphs d and e to read as follows:
42 D. MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
43 BY THE LEGISLATURE FOR EXPENSES OF CONTROL OF SNOW AND ICE ON STATE
44 HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING BUT NOT LIMITED
45 TO PERSONAL SERVICES, NONPERSONAL SERVICES AND FRINGE BENEFITS, PAYMENT
46 OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNICIPALITIES PURSUANT
47 TO SECTION FIFTY-FIVE OF THE HIGHWAY LAW, EXPENSES OF CONTROL OF SNOW
48 AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT TO SECTION TWELVE
49 OF THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAINTENANCE AGREEMENTS
50 WITH CITIES PURSUANT TO SECTION THREE HUNDRED FORTY-NINE OF THE HIGHWAY
51 LAW SHALL NOT EXCEED:
52 (I) $252 MILLION FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
53 SEVENTEEN;
54 (II) $189 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND
55 EIGHTEEN;
S. 4208 57
1 (III) $126 MILLION FOR FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND
2 NINETEEN; AND
3 (IV) $63 MILLION FOR FISCAL YEAR TWO THOUSAND NINETEEN--TWO THOUSAND
4 TWENTY.
5 (V) FOR FISCAL YEAR TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND
6 FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
7 AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR EXPENSES OF CONTROL OF SNOW
8 AND ICE ON STATE HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING
9 BUT NOT LIMITED TO PERSONAL SERVICES, NONPERSONAL SERVICES AND FRINGE
10 BENEFITS, PAYMENT OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNI-
11 CIPALITIES PURSUANT TO SECTION FIFTY-FIVE OF THE HIGHWAY LAW, EXPENSES
12 OF CONTROL OF SNOW AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT
13 TO SECTION TWELVE OF THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAIN-
14 TENANCE AGREEMENTS WITH CITIES PURSUANT TO SECTION THREE HUNDRED FORTY-
15 NINE OF THE HIGHWAY LAW.
16 E. MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
17 BY THE LEGISLATURE FOR COSTS OF THE DEPARTMENT OF MOTOR VEHICLES,
18 INCLUDING BUT NOT LIMITED TO PERSONAL AND NONPERSONAL SERVICES SHALL NOT
19 EXCEED:
20 (I) $156 MILLION FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
21 SEVENTEEN;
22 (II) $117 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND
23 EIGHTEEN;
24 (III) $78 MILLION FOR FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND
25 NINETEEN; AND
26 (IV) $39 MILLION FOR FISCAL YEAR TWO THOUSAND NINETEEN--TWO THOUSAND
27 TWENTY.
28 (V) FOR FISCAL YEAR TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND
29 FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
30 AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR COSTS OF THE DEPARTMENT OF
31 MOTOR VEHICLES, INCLUDING BUT NOT LIMITED TO PERSONAL AND NONPERSONAL
32 SERVICES.
33 S 5. This act shall take effect immediately, provided that the amend-
34 ments to paragraph a of subdivision 5 of section 89-b of the state
35 finance law made by section two of this act shall be subject to the
36 expiration and reversion of such paragraph pursuant to section 2 of part
37 B of chapter 84 of the laws of 2002, as amended, when upon such date the
38 provisions of section three of this act shall take effect.
39 PART QQ
40 Section 1. Section 2 of part D of chapter 58 of the laws of 2013,
41 amending the vehicle and traffic law, relating to the hours of operation
42 of the department of motor vehicles, is amended to read as follows:
43 S 2. This act shall take effect immediately and shall expire and be
44 deemed repealed [two] FOUR years after such date.
45 S 2. This act shall take effect immediately.
46 PART RR
47 Section 1. Subdivision 14 of section 1854 of the public authorities
48 law, as added by chapter 83 of the laws of 1995, is amended to read as
49 follows:
50 14. (A) To apply for and to administer federal research and develop-
51 ment grants and other monies for the benefit of consumers.
S. 4208 58
1 (B) TO MAKE PAYMENTS TO FARM OPERATIONS, AS DEFINED BY SUBDIVISION
2 ELEVEN OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW,
3 FOR GRANTS ADMINISTERED BY THE AUTHORITY. PAYMENT OF SUCH GRANTS SHALL
4 BE MADE NO LATER THAN NINETY DAYS AFTER NOTIFICATION OF SUCH FUNDING
5 AWARD.
6 S 2. This act shall take effect immediately.
7 PART SS
8 Section 1. The state finance law is amended by adding a new section
9 97-u to read as follows:
10 S 97-U. THREE PHASE POWER REVOLVING LOAN PROGRAM. 1. THERE SHALL BE
11 ESTABLISHED IN EACH OF THE FOLLOWING COUNTIES: JEFFERSON, OSWEGO AND ST.
12 LAWRENCE; A REVOLVING LOAN FUND FOR THE PURPOSE OF PROVIDING FARMERS
13 WITH LOW INTEREST LOANS TO UPGRADE THEIR ELECTRICITY TO THREE PHASE
14 POWER. THE DURATION OF SUCH LOW INTEREST LOANS SHALL NOT EXCEED THIRTY
15 YEARS. THE AMOUNT OF FUNDS AVAILABLE FOR THE THREE PHASE POWER REVOLVING
16 LOAN PROGRAM IN EACH COUNTY SHALL BE SUBJECT TO A BUDGETARY APPROPRI-
17 ATION.
18 2. THE INDUSTRIAL DEVELOPMENT AGENCY IN EACH OF THE THREE COUNTIES
19 THAT ARE PART OF THE THREE PHASE POWER REVOLVING LOAN PROGRAM SHALL
20 PROMULGATE RULES AND REGULATIONS FOR THE PURPOSE OF CARRYING OUT THE
21 PROVISIONS OF THIS SECTION, INCLUDING ESTABLISHING:
22 (A) AN APPLICATION PROCESS WHEREBY FARMERS MAY APPLY FOR LOANS;
23 (B) CRITERIA AND STANDARDS FOR DETERMINING A FARMER'S ELIGIBILITY FOR
24 A LOAN;
25 (C) CRITERIA AND STANDARDS FOR DETERMINING THE PRIORITY TO BE GRANTED
26 AMONG THE THREE PHASE POWER PROJECTS;
27 (D) CRITERIA AND STANDARDS FOR DETERMINING THE AMOUNT OF FINANCIAL
28 ASSISTANCE TO BE PROVIDED TO A FARMER FOR A THREE PHASE POWER PROJECT;
29 AND
30 (E) CRITERIA AND STANDARDS TO BE USED IN DETERMINING THE LOAN REPAY-
31 MENT PERIODS AND THE TERMS OF ANY REPAYMENT AGREEMENTS.
32 3. THE COUNTY INDUSTRIAL DEVELOPMENT AGENCY SHALL PROVIDE LOW INTEREST
33 LOANS TO FARMERS WITHIN THE AMOUNTS AVAILABLE IN THE COUNTY'S THREE
34 PHASE POWER REVOLVING LOAN FUND ESTABLISHED PURSUANT TO THIS SECTION.
35 S 2. This act shall take effect on the one hundred eightieth day after
36 it shall have become a law. Effective immediately, any rules and regu-
37 lations necessary to implement the provisions of this act on its effec-
38 tive date are authorized to be promulgated on or before such date.
39 PART TT
40 Section 1. The public service law is amended by adding a new section
41 66-o to read as follows:
42 S 66-O. FUEL CELL INCENTIVE PROGRAM. 1. AS USED IN THIS SECTION:
43 (A) "ELECTRIC DISTRIBUTION COMPANY" MEANS AN INVESTOR-OWNED ELECTRIC
44 CORPORATION THAT DISTRIBUTES AND DELIVERS ELECTRICITY WITHIN THIS STATE
45 AND HAS ANNUAL REVENUES IN EXCESS OF TWO HUNDRED MILLION DOLLARS; AND
46 (B) "QUALIFIED FUEL CELL ELECTRIC GENERATING SYSTEM" MEANS: A SYSTEM
47 BASED ON A SOLID OXIDE, MOLTEN CARBONATE, PROTON EXCHANGE MEMBRANE OR
48 PHOSPHORIC ACID FUEL CELL THAT IS MANUFACTURED, INSTALLED AND OPERATED
49 IN ACCORDANCE WITH APPLICABLE GOVERNMENT AND INDUSTRY STANDARDS, AND
50 THAT IS OPERATED IN COMPLIANCE WITH ANY STANDARDS AND REQUIREMENTS
51 ESTABLISHED IN THIS CHAPTER OR BY ORDER OF THE PUBLIC SERVICE COMMIS-
52 SION.
S. 4208 59
1 2. WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE
2 COMMISSION SHALL COMMENCE THE CONSIDERATION OF MODIFICATIONS TO ITS
3 EXISTING PROGRAMS THAT ENCOURAGE THE DEVELOPMENT OF QUALIFIED FUEL CELL
4 ELECTRIC GENERATING SYSTEMS AND, NO LATER THAN JANUARY FIRST, TWO THOU-
5 SAND SIXTEEN, THE COMMISSION SHALL MAKE A DETERMINATION ESTABLISHING
6 MODIFICATIONS TO ITS EXISTING PROGRAMS THAT ENCOURAGE THE DEVELOPMENT OF
7 QUALIFIED FUEL CELL GENERATING SYSTEMS IN CONFORMANCE WITH THIS SECTION.
8 THE DEPARTMENT SHALL CONSULT WITH THE NEW YORK STATE ENERGY RESEARCH AND
9 DEVELOPMENT AUTHORITY IN THE PREPARATION OF ITS RECOMMENDATIONS TO THE
10 COMMISSION FOR SUCH DETERMINATION. THE PROGRAM MODIFICATIONS SHALL
11 REQUIRE:
12 (A) ADMINISTRATION BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
13 MENT AUTHORITY;
14 (B) PLANNED ANNUAL EXPENDITURES INCLUDING ALL COSTS OF A MINIMUM OF
15 FIFTY MILLION DOLLARS COMMENCING IN CALENDAR YEAR TWO THOUSAND SIXTEEN
16 AND SUSTAINED EACH YEAR THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-SIX;
17 (C) A DIVERSITY OF PROJECT SIZES, GEOGRAPHIC DISTRIBUTION, AND PARTIC-
18 IPATION AMONG CUSTOMER CLASSES, SUBJECT TO COST-EFFECTIVENESS CONSIDER-
19 ATIONS;
20 (D) INCENTIVE STRUCTURES THAT MAXIMIZE COST-EFFECTIVENESS AND PRACTI-
21 CALITY THROUGH COMPETITIVE PROCUREMENTS, STANDING-OFFERS, PRODUCTION
22 INCENTIVES OR CAPACITY INCENTIVES AT THE WHOLESALE OR RETAIL LEVEL AS IN
23 THE JUDGMENT OF THE COMMISSION, IN CONSULTATION WITH THE NEW YORK INDE-
24 PENDENT SYSTEM OPERATOR, PROVIDE FOR THE MOST EFFECTIVE PROGRAM;
25 (E) INCENTIVE STRUCTURES THAT TAKE INTO CONSIDERATION THE ECONOMIC
26 BENEFITS TO THE STATE OF NEW YORK;
27 (F) PROGRAM DESIGNS THAT TAKE INTO CONSIDERATION THE AVOIDANCE OF
28 LONG-TERM COSTS TO THE TRANSMISSION AND DISTRIBUTION SYSTEM AND MINIMI-
29 ZATION OF PEAK LOAD IN CONSTRAINED AREAS;
30 (G) ANNUAL REPORTS ON THE ACHIEVEMENTS AND EFFECTIVENESS OF THE
31 PROGRAM; AND
32 (H) SUCH OTHER ISSUES DEEMED APPROPRIATE BY THE COMMISSION.
33 S 2. Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
34 law, as renumbered by chapter 388 of the laws of 2011, are renumbered
35 sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
36 to read as follows:
37 S 1020-II. ESTABLISHMENT OF FUEL CELL INCENTIVE PROGRAM. 1. AS USED IN
38 THIS SECTION THE TERM "QUALIFIED FUEL CELL ELECTRIC GENERATING SYSTEM"
39 MEANS: A SYSTEM BASED ON A SOLID OXIDE, MOLTEN CARBONATE, PROTON
40 EXCHANGE MEMBRANE OR PHOSPHORIC ACID FUEL CELL THAT IS MANUFACTURED,
41 INSTALLED AND OPERATED IN ACCORDANCE WITH APPLICABLE GOVERNMENT AND
42 INDUSTRY STANDARDS, AND THAT IS INSTALLED IN THE AUTHORITY'S SERVICE
43 TERRITORY AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN.
44 2. THE AUTHORITY SHALL CONTINUE TO ENCOURAGE THE DEVELOPMENT OF QUALI-
45 FIED FUEL CELL ELECTRIC GENERATING SYSTEMS IN ITS SERVICE TERRITORY
46 THROUGH IMPLEMENTATION OF THE FUEL CELL INCENTIVE PROGRAM. THE PROGRAM
47 SHALL REQUIRE:
48 (A) PLANNED ANNUAL EXPENDITURES INCLUDING ALL COSTS OF AT MINIMUM
49 FIFTEEN MILLION DOLLARS COMMENCING IN CALENDAR YEAR TWO THOUSAND SIXTEEN
50 AND SUSTAINED EACH YEAR THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-SIX;
51 (B) A DIVERSITY OF PROJECT TYPES;
52 (C) PROGRAM ADMINISTRATION AND DELIVERY;
53 (D) INCENTIVE STRUCTURES THAT TAKE INTO CONSIDERATION THE ECONOMIC
54 BENEFITS TO THE STATE OF NEW YORK;
55 (E) PROGRAM DESIGNS THAT TAKE INTO CONSIDERATION THE AVOIDANCE OF
56 LONG-TERM COSTS TO THE TRANSMISSION AND DISTRIBUTION SYSTEM AND MINIMI-
S. 4208 60
1 ZATION OF PEAK LOAD IN CONSTRAINED AREAS AND THAT MAXIMIZES COST-EFFEC-
2 TIVENESS THROUGH COMPETITIVE PROCUREMENTS;
3 (F) ANNUAL REPORTS ON THE ACHIEVEMENTS AND EFFECTIVENESS OF THE
4 PROGRAM; AND
5 (G) ANY OTHER OBJECTIVES THE AUTHORITY MAY ESTABLISH.
6 S 3. This act shall take effect immediately.
7 PART UU
8 Section 1. This act shall be known and may be cited as the "Energy
9 assessment cap and consumer cost relief act of 2015".
10 S 2. The public service law is amended by adding a new section 18 to
11 read as follows:
12 S 18. LIMIT ON SURCHARGE INCREASES. NOTWITHSTANDING ANY LAW, RULE,
13 REGULATION OR ORDER TO THE CONTRARY, THE COMMISSION SHALL NOT INCREASE
14 THE AMOUNT OF THE SURCHARGE OF THE SYSTEM BENEFIT CHARGE OR THE
15 SURCHARGE FOR THE RENEWABLE PORTFOLIO STANDARD OR THE SURCHARGE FOR THE
16 ENERGY EFFICIENCY PORTFOLIO STANDARD OR ANY SIMILAR FUND THAT MAY BE
17 CREATED BY ORDER OF THE COMMISSION BEFORE THE EFFECTIVE DATE OF THIS
18 SECTION, WHETHER SUCH FUND IS NEW OR IS A RESULT OF COMBINING ALL OR
19 SOME OF THE SURCHARGES REFERENCED HEREIN. NOTHING IN THIS SECTION SHALL
20 BE CONSTRUED AS TO PREVENT THE COMMISSION FROM LOWERING THE AMOUNT OF
21 ANY SURCHARGE EITHER INDIVIDUALLY OR COLLECTIVELY FROM THE AMOUNT
22 COLLECTED IN TWO THOUSAND FOURTEEN, EXCEPT THAT UNDER NO CIRCUMSTANCES
23 SHALL THE TOTAL COST OF THOSE CHARGES EXCEED THE TOTAL AGGREGATE AMOUNTS
24 IN TWO THOUSAND FOURTEEN.
25 S 3. Moratorium on new energy taxes and fees. Notwithstanding any law,
26 rule, regulation or order to the contrary, the public service commission
27 shall not establish any new surcharge assessment, tax or fee on energy
28 consumers, excepting those fees which may arise from an electric gener-
29 ating facility that provides notice of closure to such commission and a
30 reliability need is identified by the bulk system operator.
31 S 4. This act shall take effect immediately.
32 PART VV
33 Section 1. Legislative intent. The legislature hereby finds and
34 declares that the extension of natural gas distribution lines within the
35 state has multiple benefits to New Yorkers, including a reduction in
36 emissions with the resultant health benefits, increased economic activ-
37 ity with the creation of jobs through improved energy infrastructure,
38 energy cost savings to consumers, and improved energy efficiency.
39 Natural gas is the cleanest burning fossil fuel. It has a positive
40 impact on the environment by cutting emissions of particulate matter.
41 These emissions have been linked to heart and lung conditions and
42 contribute to asthma rates, particularly in urban areas.
43 Natural gas prices are at a low point and will result in increased
44 disposable income for consumers and improved operational efficiency for
45 business. Extending the state's natural gas distribution line infras-
46 tructure will create a positive business environment for manufacturers
47 and other businesses that are looking to stabilize their energy costs.
48 Natural gas distribution line extensions will spur economic development
49 in the business sector and create jobs.
50 This legislation will have the effect of protecting the state's
51 natural resources, including protecting its atmosphere, while at the
52 same time stimulating the development of new jobs and the economy.
S. 4208 61
1 S 2. The public service law is amended by adding a new section 27 to
2 read as follows:
3 S 27. EXPANSION PERMIT APPLICATIONS. ANY GAS CORPORATION OR COMBINA-
4 TION GAS AND ELECTRIC CORPORATION APPLYING FOR PERMITS IN CONNECTION
5 WITH THE EXPANSION OF NATURAL GAS DISTRIBUTION SERVICE THROUGH THE
6 EXTENSION OF EXISTING NATURAL GAS DISTRIBUTION LINES MAY CONFER WITH THE
7 COMMISSION TO OBTAIN ASSISTANCE IN FACILITATING CONTACTS WITH STATE
8 AGENCIES AND LOCAL GOVERNMENTS FOR PROCESSING AND REVIEWING PERMIT
9 APPLICATIONS TO ACHIEVE THE PROMPT AND EFFICIENT PROCESSING AND REVIEW
10 OF APPLICATIONS. THE COMMISSION MAY ACT AS LEAD AGENCY PURSUANT TO ARTI-
11 CLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, IN CONNECTION WITH SUCH
12 PERMIT APPLICATION BY A GAS CORPORATION OR COMBINATION GAS AND ELECTRIC
13 CORPORATION FRANCHISED UNDER THIS CHAPTER. THE DEPARTMENTS OF TRANSPOR-
14 TATION AND ENVIRONMENTAL CONSERVATION SHALL, TO THE MAXIMUM EXTENT
15 FEASIBLE, ESTABLISH PROCEDURES TO EXPEDITE PERMIT APPLICATIONS IN
16 CONNECTION WITH THE EXPANSION OF NATURAL GAS DISTRIBUTION SERVICE
17 THROUGH THE EXTENSION OF EXISTING NATURAL GAS DISTRIBUTION LINES.
18 S 3. The public service law is amended by adding a new section 18-d to
19 read as follows:
20 S 18-D. SURCHARGES. NOTWITHSTANDING ANY LAW, RULE, REGULATION OR ORDER
21 TO THE CONTRARY, THE COMMISSION SHALL, COMMENCING OCTOBER FIRST, TWO
22 THOUSAND FIFTEEN, DEDICATE NO LESS THAN FIFTY MILLION DOLLARS PER YEAR
23 FROM ASSESSMENTS INTENDED TO PROVIDE FUNDING TO ADVANCE CLEANER, MORE
24 RESILIENT, MORE EFFICIENT, LOCALIZED AND MORE AFFORDABLE ENERGY INFRAS-
25 TRUCTURE, AND TO ENHANCE THE GOALS OF THE STATE ENERGY PLAN, COLLECTED
26 BY GAS CORPORATIONS AND COMBINATION GAS AND ELECTRIC CORPORATIONS FROM
27 THEIR GAS CUSTOMERS. THESE FUNDS MUST BE USED FOR THE SUPPORT OF
28 CONSTRUCTION OF INFRASTRUCTURE DESIGNED TO EXTEND THE SUPPLY OF NATURAL
29 GAS FROM EXISTING LARGE CAPACITY INFRASTRUCTURE TO AREAS PRESENTLY NOT
30 SERVED BY NATURAL GAS INFRASTRUCTURE SUPPLY, INCLUDING BUT NOT LIMITED
31 TO NEW INDUSTRIAL (ESPECIALLY MANUFACTURING), COMMERCIAL, RESIDENTIAL OR
32 PUBLIC END-USE CUSTOMERS OF A GAS CORPORATION OR COMBINATION GAS AND
33 ELECTRIC CORPORATION PROVIDING SERVICE IN NEW YORK STATE WITH SUCH NEW
34 CUSTOMER'S CONSENT. THE COMMISSION SHALL ALLOCATE SUCH FUNDS TO GAS
35 CORPORATIONS AND COMBINATION GAS AND ELECTRIC CORPORATIONS THROUGH A
36 STAKEHOLDER PROCESS ESTABLISHED BY THE COMMISSION. SUCH STAKEHOLDER
37 PROCESS SHALL ESTABLISH RULES AND PROCEDURES FOR ALLOCATIONS PURSUANT TO
38 THIS SECTION CONSISTENT WITH THE PUBLIC POLICY GOALS OF THE STATE.
39 S 4. The public buildings law is amended by adding a new section 144
40 to read as follows:
41 S 144. CLEAN NATURAL GAS HEAT IN PUBLIC BUILDINGS. EACH CAPITAL
42 PROJECT FOR A PUBLIC BUILDING THAT INCLUDES THE INSTALLATION OR REPLACE-
43 MENT OF A BOILER FOR HEATING SHALL REQUIRE THE COMMISSIONER OF GENERAL
44 SERVICES TO UNDERTAKE A STUDY OF ENERGY EFFICIENCY, ENVIRONMENTAL EFFI-
45 CACY AND COST OF USING NATURAL GAS HEATING. SUCH STUDY SHALL CONSIDER
46 THE BENEFITS TO SURROUNDING COMMUNITIES IN THE EVENT THAT IT IS NECES-
47 SARY TO EXTEND A MAIN NATURAL GAS DISTRIBUTION PIPELINE IN EXCESS OF ONE
48 HUNDRED FEET TO OBTAIN SUCH SERVICES.
49 S 5. The real property tax law is amended by adding a new section
50 485-r to read as follows:
51 S 485-R. EXTENSION AND EXPANSION OF NATURAL GAS SUPPLY THROUGH THE
52 CONSTRUCTION OF NATURAL GAS DISTRIBUTION FACILITIES. 1. DEFINITIONS. (A)
53 FOR PURPOSES OF THIS SECTION, "NATURAL GAS DISTRIBUTION FACILITIES"
54 SHALL MEAN ANY MAIN LINE, SERVICE LINE AND APPURTENANT FACILITIES
55 CONSTRUCTED TO EXTEND EXISTING NATURAL GAS DISTRIBUTION LINE INFRASTRUC-
S. 4208 62
1 TURE TO NEW CUSTOMERS OF A GAS CORPORATION OR A COMBINATION GAS AND
2 ELECTRIC CORPORATION WITH THEIR CONSENT.
3 2. AFTER A PUBLIC HEARING, THE GOVERNING BODY OF A COUNTY, CITY, TOWN
4 OR VILLAGE MAY ADOPT A LOCAL LAW AND A SCHOOL DISTRICT, OTHER THAN A
5 SCHOOL DISTRICT SUBJECT TO ARTICLE FIFTY-TWO OF THE EDUCATION LAW, MAY
6 ADOPT A LOCAL LAW OR RESOLUTION TO GRANT AN EXEMPTION AUTHORIZED PURSU-
7 ANT TO THIS SECTION. A COPY OF SUCH LOCAL LAW OR RESOLUTION SHALL BE
8 FILED WITH THE COMMISSIONER AND THE TAX ASSESSOR OF SUCH COUNTY, CITY,
9 TOWN OR VILLAGE WHO PREPARES THE ASSESSMENT ROLL ON WHICH THE TAXES OF
10 SUCH COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT ARE LEVIED.
11 3. SUCH NATURAL GAS DISTRIBUTION FACILITIES SHALL BE EXEMPT TO THE
12 EXTENT OF THE INCREASE IN THE ASSESSED VALUE THEREOF ATTRIBUTABLE TO THE
13 CONSTRUCTION OF SUCH NATURAL GAS DISTRIBUTION FACILITIES. THE LENGTH OF
14 SUCH EXEMPTION AND THE PERCENTAGE OF ASSESSED VALUATION EXEMPT FROM
15 TAXATION SHALL BE SET FORTH IN SUCH LOCAL LAW OR RESOLUTION, BUT IN NO
16 EVENT SHALL IT EXCEED TEN YEARS.
17 4. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY A GAS
18 CORPORATION OR COMBINATION GAS AND ELECTRIC CORPORATION WITH APPROVAL
19 FROM THE PUBLIC SERVICE CORPORATION FOR CONSTRUCTION OF SUCH NATURAL GAS
20 DISTRIBUTION FACILITIES.
21 S 6. The real property tax law is amended by adding a new section
22 485-s to read as follows:
23 S 485-S. EXTENSION AND EXPANSION OF NATURAL GAS DISTRIBUTION FACILI-
24 TIES. 1. DEFINITIONS. (A) FOR PURPOSES OF THIS SECTION, "NATURAL GAS
25 DISTRIBUTION FACILITIES" SHALL MEAN ANY MAIN LINE, SERVICE LINE AND
26 APPURTENANT FACILITIES CONSTRUCTED TO EXTEND EXISTING NATURAL GAS
27 DISTRIBUTION LINE INFRASTRUCTURE TO NEW CUSTOMERS OF A GAS CORPORATION
28 OR A COMBINATION GAS AND ELECTRIC CORPORATION WITH THEIR CONSENT.
29 2. (A) WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AFTER
30 A PUBLIC HEARING, THE GOVERNING BODY OF SUCH A CITY MAY ADOPT A LOCAL
31 LAW OR RESOLUTION TO GRANT AN EXEMPTION AUTHORIZED PURSUANT TO THIS
32 SECTION. A COPY OF SUCH LOCAL LAW OR RESOLUTION SHALL BE FILED WITH THE
33 COMMISSIONER AND THE TAX ASSESSOR OF SUCH CITY WHO PREPARES THE ASSESS-
34 MENT ROLL ON WHICH THE TAXES OF SUCH CITY ARE LEVIED.
35 (B) SUCH NATURAL GAS DISTRIBUTION FACILITIES SHALL BE EXEMPT TO THE
36 EXTENT OF THE INCREASE IN THE ASSESSED VALUE THEREOF ATTRIBUTABLE TO THE
37 CONSTRUCTION OF SUCH NATURAL GAS DISTRIBUTION FACILITIES. THE LENGTH OF
38 SUCH EXEMPTION AND THE PERCENTAGE OF ASSESSED VALUATION EXEMPT FROM
39 TAXATION SHALL BE SET FORTH IN SUCH LOCAL LAW OR RESOLUTION, BUT IN NO
40 EVENT SHALL IT EXCEED TEN YEARS.
41 3. CONSTRUCTION OF NATURAL GAS DISTRIBUTION FACILITIES SHALL BE DEEMED
42 TO HAVE COMMENCED WHEN THE AGENCY OR DEPARTMENT OF THE CITY HAVING
43 JURISDICTION HAS ISSUED A PERMIT FOR CONSTRUCTION WORK AND SUCH WORK HAS
44 BEGUN IN GOOD FAITH IN ACCORDANCE WITH SUCH PERMIT.
45 4. APPLICATION FOR EXEMPTION UNDER THIS SECTION SHALL BE FILED WITH
46 THE ASSESSORS BETWEEN FEBRUARY FIRST AND MARCH FIFTEENTH OF THE CALENDAR
47 YEAR AND BASED ON APPROVAL BY THE PUBLIC SERVICE COMMISSION OF
48 CONSTRUCTION OF SUCH NATURAL GAS DISTRIBUTION FACILITIES, THE ASSESSORS
49 SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF THE EXEMPTION FROM
50 LOCAL AND MUNICIPAL TAXES. NO SUCH APPLICATION SHALL BE ACCEPTED BY THE
51 ASSESSORS UNLESS ACCOMPANIED BY AN APPROVAL FROM THE PUBLIC SERVICE
52 COMMISSION.
53 5. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY A GAS
54 CORPORATION OR COMBINATION GAS AND ELECTRIC CORPORATION WITH APPROVAL
55 FROM THE PUBLIC SERVICE CORPORATION FOR CONSTRUCTION OF SUCH NATURAL GAS
56 DISTRIBUTION FACILITIES.
S. 4208 63
1 S 7. Section 1001 of the public authorities law is amended by adding a
2 new undesignated paragraph to read as follows:
3 IT IS FURTHER DECLARED THAT THERE ARE SIGNIFICANT ECONOMIC BENEFITS
4 FROM THE EXTENSION OF NATURAL GAS DISTRIBUTION LINE INFRASTRUCTURE. A
5 CRITICAL ELEMENT OF NATURAL GAS DISTRIBUTION LINE EXTENSIONS IS THE
6 FINANCING OF THE CONSTRUCTION AND INVESTMENT NECESSARY FOR SUCH NATURAL
7 GAS DISTRIBUTION LINE EXTENSIONS. THE AUTHORITY IS AUTHORIZED TO MAKE
8 LOANS TO GAS CORPORATIONS AND COMBINED GAS AND ELECTRIC CORPORATIONS TO
9 EFFECTUATE THE EXTENSION OF EXISTING NATURAL GAS DISTRIBUTION LINE
10 INFRASTRUCTURE WHICH IS APPROVED BY THE PUBLIC SERVICE COMMISSION.
11 S 8. The public authorities law is amended by adding a new section
12 1005-b to read as follows:
13 S 1005-B. ADDITIONAL SPECIAL POWERS OF THE AUTHORITY WITH RESPECT TO
14 THE EXTENSION OF NATURAL GAS DISTRIBUTION LINE INFRASTRUCTURE. IN ORDER
15 TO EFFECTUATE THE PURPOSES OF THIS TITLE, THE AUTHORITY SHALL HAVE THE
16 FOLLOWING ADDITIONAL SPECIAL POWERS: TO EXTEND CREDIT AND MAKE LOANS TO
17 A GAS CORPORATION OR A COMBINED GAS AND ELECTRIC CORPORATION FRANCHISED
18 BY THE PUBLIC SERVICE COMMISSION IN CONNECTION WITH A NATURAL GAS
19 DISTRIBUTION LINE EXTENSION PROJECT APPROVED BY THE PUBLIC SERVICE
20 COMMISSION FOR COSTS INCURRED WITH SUCH PROJECTS COMPLETED OR NOT,
21 COMPLETED AT THE TIME OF SUCH CREDIT OR LOAN, WHICH CREDITS OR LOANS
22 MAY, BUT NEED NOT BE SECURED BY MORTGAGES, CONTRACTS OR OTHER INSTRU-
23 MENTS, UPON SUCH TERMS AND CONDITIONS AS THE CORPORATION MAY DEEM
24 REASONABLE IN CONNECTION WITH SUCH CREDITS OR LOANS. IN THE EXERCISE OF
25 POWERS GRANTED IN THIS SECTION IN CONNECTION WITH A NATURAL GAS DISTRIB-
26 UTION LINE EXTENSION PROJECT APPROVED BY THE PUBLIC SERVICE COMMISSION
27 FOR A GAS CORPORATION OR A COMBINED GAS AND ELECTRIC CORPORATION, TO
28 REQUIRE THE INCLUSION IN ANY CONTRACT, LOAN AGREEMENT OR OTHER INSTRU-
29 MENT, OF SUCH PROVISIONS FOR THE FINANCING OF SUCH PROJECT AND SUCH
30 OTHER FINANCIAL AND OTHER COVENANTS APPLYING TO SUCH GAS CORPORATIONS OR
31 A COMBINED GAS AND ELECTRIC CORPORATION, AS THE CORPORATION MAY DEEM
32 NECESSARY OR DESIRABLE AND TO DO ALL THINGS AND TO EXECUTE ALL INSTRU-
33 MENTS NECESSARY AND DESIRABLE IN CONNECTION THEREWITH. IN CONNECTION
34 WITH THE EXTENSION OF ANY SUCH CREDIT OR LOAN, THE AUTHORITY MAY FIX AND
35 COLLECT SUCH FEES AND CHARGES, INCLUDING BUT NOT LIMITED TO REIMBURSE-
36 MENT OF ALL COSTS OF FINANCING BY THE CORPORATION AS SHALL BE REASON-
37 ABLE. IN CONNECTION WITH SUCH EXTENSION OF CREDIT OR LOAN AS PROVIDED
38 FOR HEREIN SUCH GAS CORPORATION OR A COMBINED GAS AND ELECTRIC CORPO-
39 RATION SHALL SUBMIT TO THE AUTHORITY AN APPLICATION FOR THE EXTENSION OF
40 CREDIT OR LOAN AS SET FORTH IN THE APPLICATION. THE AUTHORITY MAY DENY
41 ANY SUCH APPLICATION FOR ANY REASON IT DEEMS IN THE PUBLIC INTEREST. THE
42 EXTENSION OF ANY SUCH CREDIT OR LOAN IS SUBJECT TO APPROVAL BY THE
43 PUBLIC SERVICE COMMISSION OF THE PROJECT OR PROJECTS FOR SUCH NATURAL
44 GAS DISTRIBUTION LINE EXTENSION.
45 S 9. Subdivision 1 of section 1010 of the public authorities law, as
46 amended by chapter 972 of the laws of 1969, is amended to read as
47 follows:
48 1. The authority shall have power and is hereby authorized from time
49 to time to issue its negotiable bonds in conformity with applicable
50 provisions of the uniform commercial code for the purpose of financing
51 any project authorized by this title, including the acquisition of any
52 real or personal property or facilities deemed necessary by the authori-
53 ty, AND FOR THE MAKING OF LOANS TO A GAS CORPORATION OR A COMBINATION
54 GAS AND ELECTRIC CORPORATION FRANCHISED BY THE PUBLIC SERVICE COMMISSION
55 FOR THE PURPOSES OF SECTION ONE THOUSAND FIVE-B OF THIS TITLE.
56 S 10. This act shall take effect immediately.
S. 4208 64
1 PART WW
2 Section 1. Notwithstanding any law, rule, regulation or order to the
3 contrary, the public service commission and the New York state energy
4 research and development authority shall ensure that the Green Bank
5 program is made available for the purposes of funding programs to assist
6 residential, multi-family building owners, and commercial owners with
7 installing improvements to heating and cooling systems including conver-
8 sions through the installation of a high efficiency boiler or furnace or
9 replacement of a burner in a boiler that results in incremental emis-
10 sions reductions and increased energy efficiency. Heating and cooling
11 improvement programs established pursuant to this section shall be
12 designed to increase efficiency by at least ten percent or reduce fuel
13 usage by at least ten percent and lead to a significant reduction in
14 carbon emissions as defined by the authority guidelines, developed after
15 consultation with the department of environmental conservation, provided
16 that such projects shall have a return on investment of five years or
17 less. The Green Bank shall seek to develop program guidelines that
18 provide a level of support that is pro rata to the increase in efficien-
19 cy, reduction of fuel use or reduction in emissions, such that enhance-
20 ments that result in the greatest environmental benefits are provided a
21 higher level of support.
22 S 2. The funding streams for the Green Bank shall be made available
23 for programs as described in section one of this act may consist of
24 monies derived from assessments on transmission and distribution compa-
25 nies under direct oversight of the public service commission collected
26 on or after July 1, 2006 and monies collected by auctions administered
27 under the regional greenhouse gas initiative or any other monies admin-
28 istered by the New York state energy research and development authority
29 that may be available for such purpose.
30 S 3. This act shall take effect immediately.
31 PART XX
32 Section 1. Section 5 of the public service law is amended by adding a
33 new subdivision 7 to read as follows:
34 7. A. THE COMMISSION MAY, AFTER NOTICE AND HEARING, FORBEAR FROM
35 APPLYING THE PROVISIONS OF SUBDIVISION TWO OF SECTION NINETY-ONE AND
36 SECTION NINETY-TWO, NINETY-NINE, ONE HUNDRED, ONE HUNDRED ONE OR ONE
37 HUNDRED ONE-A OF THIS CHAPTER TO A TELEPHONE CORPORATION, TELEPHONE
38 SERVICE, OR CLASS OF TELEPHONE CORPORATIONS OR TELEPHONE SERVICES AS
39 DEFINED IN COMMISSION REGULATIONS, IN ANY GEOGRAPHIC MARKET UPON A
40 DETERMINATION THAT:
41 (I) APPLICATION OF A PROVISION IS NOT NECESSARY TO ENSURE JUST AND
42 REASONABLE RATES AND CHARGES AND RATES THAT ARE NOT UNJUSTLY OR UNREA-
43 SONABLY DISCRIMINATORY;
44 (II) APPLICATION OF A PROVISION IS NOT NECESSARY FOR PROTECTION OF
45 CONSUMERS; AND
46 (III) FORBEARANCE FROM APPLYING A PROVISION IS CONSISTENT WITH THE
47 PUBLIC INTEREST, INCLUDING, BUT NOT LIMITED TO, PROMOTION OF COMPETITIVE
48 MARKET CONDITIONS AND COMPETITION AMONG PROVIDERS OF TELEPHONE SERVICES.
49 B. ANY TELEPHONE CORPORATION OR SUCH CLASS OF TELEPHONE CORPORATIONS
50 MAY PETITION THE COMMISSION FOR EXERCISE OF THE AUTHORITY GRANTED UNDER
51 THIS SUBDIVISION.
S. 4208 65
1 S 2. Subdivisions 1, 2, 4, 5 and 6 of section 222 of the public
2 service law are REPEALED and two new subdivisions 1 and 2 are added to
3 read as follows:
4 1. EXCEPT AS PROVIDED IN THIS SECTION, NO PERSON SHALL RENEW OR AMEND
5 A FRANCHISE RENEWAL, AND NO SUCH RENEWAL OR AMENDMENT SHALL BE EFFEC-
6 TIVE, UNLESS A COPY OF SUCH RENEWAL OR AMENDMENT HAS BEEN APPROVED BY
7 THE MUNICIPALITY, AND PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY
8 DAYS OF MUNICIPAL APPROVAL. SUCH RENEWAL OR AMENDMENT SHALL BE SUBJECT,
9 AT A MINIMUM, TO THE FRANCHISING STANDARDS SET FORTH IN THIS ARTICLE AND
10 THE RULES AND REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION.
11 2. RENEWALS AND AMENDMENTS SHALL BE DEEMED GRANTED FORTY-FIVE DAYS
12 AFTER THE RENEWAL OR AMENDMENT IS FILED PURSUANT TO SUBDIVISION ONE OF
13 THIS SECTION UNLESS THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN
14 SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMIS-
15 SION'S REVIEW AND WRITTEN ORDER.
16 S 3. Section 2 of part R of chapter 57 of the laws of 2014, amending
17 the public service law relating to transfers of cable franchises, is
18 amended to read as follows:
19 S 2. This act shall take effect immediately and shall apply to any
20 application pending before the public service commission on such date
21 [and shall expire and be deemed repealed April 1, 2017].
22 S 4. This act shall take effect immediately; provided, however, that
23 section two of this act shall apply to franchises filed on or after the
24 date this act shall have become a law.
25 PART YY
26 Section 1. The public service law is amended by adding a new section
27 74 to read as follows:
28 S 74. NATURAL GAS SAFETY AND INFRASTRUCTURE REPLACEMENT PROGRAM. 1.
29 WITHIN AMOUNTS APPROPRIATED THEREFOR, THE DIRECTOR OF THE BUDGET IS
30 HEREBY AUTHORIZED TO APPROVE FUNDING TO PROMOTE THE REPLACEMENT OF BARE
31 STEEL PIPE AND CAST IRON PIPE USED FOR NATURAL GAS DISTRIBUTION AND
32 TRANSMISSION SYSTEMS AS PROVIDED FOR IN THIS SECTION.
33 2. THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO APPROVE FUNDING
34 FOR THE RELOCATION, RESTORATION, AND PROTECTION OF MUNICIPAL UNDERGROUND
35 INFRASTRUCTURE IN CONNECTION WITH THE REPLACEMENT OF BARE STEEL PIPE OR
36 CAST IRON PIPE USED FOR NATURAL GAS DISTRIBUTION AND TRANSMISSION
37 SYSTEMS APPROVED BY THE COMMISSION. SUCH FUNDING SHALL INCLUDE BUT NOT
38 BE LIMITED TO FINANCIAL ASSISTANCE TO MUNICIPALITIES TO DIRECTLY OFFSET
39 ANY COSTS RELATED TO MOVING, RECONFIGURING, MODIFYING, RESTORATION,
40 PAVING AND SUPPORTING MUNICIPAL UNDERGROUND INFRASTRUCTURE IN CONNECTION
41 WITH THE REPLACEMENT OF BARE STEEL PIPE OR CAST IRON PIPE.
42 3. THE DIRECTOR OF THE BUDGET IS AUTHORIZED TO ESTABLISH A PROGRAM OF
43 FINANCIAL ASSISTANCE IN THE FORM OF GRANTS TO MUNICIPALITIES FOR SUCH
44 RELOCATION AND PROTECTION OF MUNICIPAL UNDERGROUND INFRASTRUCTURE WORK
45 IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC SERVICE.
46 S 2. The state finance law is amended by adding a new section 89-i to
47 read as follows:
48 S 89-I. NATURAL GAS SAFETY AND INFRASTRUCTURE REPLACEMENT FUND. THERE
49 IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
50 THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS
51 THE "NATURAL GAS SAFETY AND INFRASTRUCTURE REPLACEMENT FUND". SUCH FUND
52 SHALL CONSIST OF MONEYS APPROPRIATED THEREFOR, AND ANY OTHER MONEYS
53 WHICH MAY BECOME AVAILABLE FOR SUCH PURPOSES FROM ANY OTHER SOURCE. ANY
54 INCOME OR INTEREST EARNED BY, OR INCREMENTAL TO, THE NATURAL GAS SAFETY
S. 4208 66
1 AND INFRASTRUCTURE REPLACEMENT FUND SHALL BE CREDITED TO SUCH FUND AND
2 AVAILABLE FOR SUCH PURPOSES.
3 S 3. This act shall take effect on the one hundred twentieth day after
4 it shall have become a law; provided, however, that the public service
5 commission is authorized and directed to promulgate, on or before its
6 effective date, any and all rules and regulations, and take any other
7 measures necessary to implement this act.
8 PART ZZ
9 Section 1. Paragraphs d, f and g of subdivision 3 of section 33-0905
10 of the environmental conservation law, paragraph d as amended and para-
11 graph f as added by section 1 of part U of chapter 59 of the laws of
12 2004 and paragraph g as added by chapter 732 of the laws of 2005, are
13 amended to read as follows:
14 d. Except as provided in [paragraphs] PARAGRAPH e [and f] of this
15 subdivision, pesticide applicator certifications shall be valid for
16 three years after which every applicator shall recertify according to
17 the requirements then in effect. Certification identification cards
18 shall be valid for three years.
19 f. [Pesticide applicator certification for a commercial pesticide
20 applicator with only subcategory 3A-ornamentals, shade trees and turf or
21 only subcategory 3B-turf shall be valid for one year after which every
22 applicator shall recertify according to the requirements then in effect.
23 Certification identification cards for a commercial pesticide applicator
24 with only subcategory 3A-ornamentals, shade trees and turf or only
25 subcategory 3B-turf shall be valid for one year.
26 g.] The commissioner is authorized to provide all examinations, train-
27 ing materials, applications, and any other forms or written materials
28 necessary for a private and/or commercial applicator certification in
29 Spanish for applicants whose primary language is Spanish and for other
30 languages if the commissioner deems it necessary. The commissioner may
31 require applicants for registration of pesticides to make available
32 pesticide label information and instructions in Spanish and other
33 languages, when necessary, for applicators certified in Spanish or other
34 languages.
35 S 2. Subdivision 2 of section 33-0911 of the environmental conserva-
36 tion law, as amended by section 3 of part YY of chapter 59 of the laws
37 of 2009, is amended to read as follows:
38 2. [a. Except as provided in paragraph b of this subdivision, fees]
39 FEES for pesticide applicator certification shall be four hundred fifty
40 dollars for commercial pesticide applicator certification in one indi-
41 vidual category, one hundred fifty dollars for each additional category
42 and one hundred fifty dollars for each additional sub-category chosen.
43 For private applicators a fee of twenty-five dollars for the initial
44 certified private applicator and five dollars for subsequent applicators
45 on the same farm or business shall be charged at the time of initial
46 certification, renewal of certification or recertification.
47 [b. Fees for pesticide applicator certification for a commercial
48 pesticide applicator with only subcategory 3A-ornamentals, shade trees
49 and turf or only subcategory 3B-turf shall be two hundred dollars.]
50 S 3. This act shall take effect immediately.
51 PART AAA
S. 4208 67
1 Section 1. Paragraph (c) of subdivision 2 of section 503 of the vehi-
2 cle and traffic law is amended by adding a new subparagraph (v) to read
3 as follows:
4 (V) PROVIDED THAT FOR A SENIOR CITIZEN, THE RENEWAL FEE SHALL BE TEN
5 PERCENT LESS THAN THE FEES OTHERWISE REQUIRED BY THIS PARAGRAPH. FOR THE
6 PURPOSES OF THIS SUBPARAGRAPH, THE TERM "SENIOR CITIZEN" MEANS A PERSON
7 AT LEAST SIXTY-FIVE YEARS OF AGE.
8 S 2. This act shall take effect on the ninetieth day after it shall
9 have become a law.
10 PART BBB
11 Section 1. The agriculture and markets law is amended by adding a new
12 article 25-BB to read as follows:
13 ARTICLE 25-BB
14 GROWN IN NEW YORK
15 SECTION 340. LEGISLATIVE INTENT.
16 341. GROWN IN NEW YORK PROGRAM, CREATED.
17 342. PURPOSES AND DUTIES OF THE DEPARTMENT.
18 343. CERTIFICATION MARK USE AND IMAGING.
19 344. LICENSING AGREEMENT.
20 345. REGISTRATION.
21 346. RULES AND REGULATIONS.
22 S 340. LEGISLATIVE INTENT. DESPITE AN INCREASING TREND AMONG AMERICANS
23 TO BUY LOCALLY GROWN FOODS, THERE ARE CURRENTLY INSUFFICIENT RESOURCES
24 AND INFORMATION AVAILABLE TO SUPPORT, ENCOURAGE AND FOSTER CONSUMER
25 PRODUCT AWARENESS AND PURCHASES OF LOCALLY MANUFACTURED PRODUCTS IN NEW
26 YORK STATE. BY DEFINING, BRANDING AND PROTECTING WHAT "GROWN IN NEW
27 YORK" MEANS, NEW YORK CAN CAPITALIZE AND PROTECT ITS AGRICULTURAL BUSI-
28 NESSES IN AN INCREASINGLY COMPETITIVE GLOBAL MARKET BY DISTINGUISHING
29 AND BUILDING PRIDE IN SUCH BUSINESSES. THE FURTHER PROMOTION AND EDUCA-
30 TION OF CONSUMERS ABOUT THE VALUES OF BUYING LOCAL IS A MUTUALLY BENEFI-
31 CIAL AND RECIPROCAL ENTERPRISE. NOT ONLY WILL NEW YORKERS BENEFIT FROM
32 HEALTHFUL CONSUMPTION BUT LOCAL BUSINESSES WILL BE STRENGTHENED AND NEW
33 BUSINESSES WILL CHOOSE TO GROW AND MAKE PRODUCTS IN NEW YORK, THUS
34 CREATING AND SECURING JOBS AND FOSTERING LOCAL ECONOMIES.
35 S 341. GROWN IN NEW YORK PROGRAM, CREATED. THE DEPARTMENT SHALL
36 CONDUCT A "GROWN IN NEW YORK" PROMOTIONAL CAMPAIGN TO INCREASE AWARENESS
37 AND CONSUMPTION OF LOCALLY GROWN AND PRODUCED FOODS AND RELATED PRODUCTS
38 AND TO INCREASE THE PRODUCTION AND IMPROVE THE DISTRIBUTION OF FOODS AND
39 RELATED PRODUCTS FOR LOCAL CONSUMPTION. IN THE PROGRAM, THE DEPARTMENT
40 SHALL EMPHASIZE THE DEVELOPMENT OF REGIONAL FOOD AND CULTURAL TOURISM
41 TRAILS AND THE DEVELOPMENT OF REGIONAL FOOD SYSTEMS THROUGH ACTIVITIES
42 SUCH AS CREATING A PROGRAM LOGO AND MAINTAINING RELATED MARKETING MATE-
43 RIALS; CREATING OR SUPPORTING NETWORKS OF PRODUCERS; AND STRENGTHENING
44 CONNECTIONS BETWEEN PRODUCERS, RETAILERS, INSTITUTIONS, AND CONSUMERS
45 AND NEARBY PRODUCERS. FUNDING FOR SUCH PROGRAM SHALL DERIVE FROM A
46 BUDGET APPROPRIATION THEREFOR BEGINNING IN THE FISCAL YEAR DURING WHICH
47 SUCH PROGRAM COMMENCES.
48 S 342. PURPOSES AND DUTIES OF THE DEPARTMENT. THE DEPARTMENT'S "GROWN
49 IN NEW YORK" CAMPAIGN SHALL INCLUDE, BUT NOT BE LIMITED TO: 1. DEVELOP-
50 MENT OF A "GROWN IN NEW YORK" LOGO AS THE OFFICIAL STATE EMBLEM TO IDEN-
51 TIFY PRODUCTS THAT ARE LOCALLY MANUFACTURED AND IN-KIND ADVERTISING
52 PROGRAMS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, A PROGRAM WEBSITE,
53 DISTRIBUTION OF PERIODICAL NEWSLETTERS, AND SOCIAL MEDIA NETWORKING AND
54 EDUCATIONAL AND TRAINING PROGRAMS APPRISING CONSUMERS ABOUT THE "GROWN
S. 4208 68
1 IN NEW YORK" CAMPAIGN AND THE VALUES AND BENEFITS OF BUYING LOCALLY
2 GROWN GOODS OR PRODUCTS;
3 2. CREATION OF ELIGIBILITY REQUIREMENTS THAT WILL PERMIT PARTICIPANTS
4 THE USE OF THE "GROWN IN NEW YORK" LOGO ON THEIR PRODUCTS AND REPRESENT
5 THAT SUCH PRODUCT WAS GROWN IN THIS STATE PROVIDED THAT SUCH PRODUCT HAS
6 AN AGRICULTURAL ORIGIN AND/OR COMPONENTS OF WHICH ARE NOT FEWER THAN
7 SEVENTY-FIVE PERCENT GROWN OR HARVESTED IN NEW YORK OR ITS SURFACE OR
8 COASTAL WATERS;
9 3. REGISTRATION OF PARTICIPANTS;
10 4. IDENTIFICATION AND FACILITATION OF OPPORTUNITIES TO INCREASE
11 CONSUMER DEMAND FOR LOCALLY GROWN GOODS OR PRODUCTS;
12 5. IDENTIFICATION AND FACILITATION OF OPPORTUNITIES TO ESTABLISH
13 AGREEMENTS WITH LOCAL GROWERS AND MANUFACTURERS FOR POTENTIAL MARKET-
14 PLACE EXPANSION OF PRODUCTS;
15 6. PROVIDING EDUCATIONAL OPPORTUNITIES FOR CONSUMERS REGARDING LOCAL
16 GROWTH AND MANUFACTURING OF PRODUCTS AND INITIATIVES TO FURTHER PROMOTE
17 THE BRAND; AND
18 7. DETERMINING FUNDING SOURCES AVAILABLE TO THE MANUFACTURING COMMUNI-
19 TY TO SUPPORT MARKETING, BRANDING AND PROMOTION OF LOCALLY GROWN BRAND-
20 ING EFFORTS.
21 S 343. CERTIFICATION MARK USE AND IMAGING. 1. THE CERTIFICATION MARK
22 SHALL ONLY BE APPLIED TO PRODUCTS THAT MEET THE ELIGIBILITY REQUIREMENTS
23 PROMULGATED BY THE DEPARTMENT. THE CERTIFICATION MARK MAY BE USED IN
24 ADVERTISEMENT IN CONJUNCTION WITH THE PHRASE, "LOOK FOR THIS MARK" OR
25 LIKE EXPRESSIONS. ADVERTISING, PROPOSITIONAL OR MERCHANDISING MATERIALS
26 WHICH BEAR THE CERTIFICATION MARK SHALL NOT MAKE OR CONTAIN ANY CLAIMS
27 WHICH ARE FALSE, MISLEADING OR DECEPTIVE, INCLUDING, BUT NOT LIMITED TO,
28 CLAIMS WHICH DISCREDIT OR DISPARAGE THE QUALITY, VALUE, SALE, OR USE OF
29 ANY COMPETING PRODUCT AND OTHERWISE COMPLY WITH ADVERTISING STANDARDS OF
30 ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS.
31 2. PROGRAM PARTICIPANTS SHALL MAINTAIN RECORDS SUFFICIENT TO AUDIT
32 THROUGHOUT CERTIFICATION MARK USAGE FOR THE PURPOSES OF VERIFYING ONGO-
33 ING COMPLIANCE WITH ALL ELIGIBILITY REQUIREMENTS. PARTICIPANTS MAY BE
34 REQUIRED, UPON WRITTEN NOTICE BY THE DEPARTMENT, TO OBTAIN THE DEPART-
35 MENT'S APPROVAL PRIOR TO USE OF THE CERTIFICATION MARK FOR PARTICULAR
36 PRODUCTS AND MAY, AT ITS DISCRETION, REFUSE SUCH APPROVAL OR REVOKE USE
37 OF THE CERTIFICATION MARK IN PARTICULAR CASES IF SUCH USAGE IS DEEMED
38 INCONSISTENT WITH THE "GROWN IN NEW YORK" PROMOTIONAL CAMPAIGN.
39 3. THE CERTIFICATION MARK SHALL BE ISSUED BY THE DEPARTMENT AND SHALL
40 SERVE AS THE OFFICIAL STATE EMBLEM IDENTIFYING PRODUCTS THAT ARE "GROWN
41 IN NEW YORK." UPON ISSUANCE BY THE DEPARTMENT, THE CERTIFICATION MARKS
42 REPRODUCED BY PROGRAM PARTICIPANTS SHALL NOT BE ALTERED IN ANY WAY
43 PROVIDED, HOWEVER, THAT THE OVERALL SIZE OF THE CERTIFICATION MARK MAY
44 VARY. IN NO CASE SHALL A PROGRAM PARTICIPANT'S NAME AND/OR TRADEMARK BE
45 INSERTED WITHIN OR OVERLAP THE BOUNDARIES OF THE CERTIFICATION MARK.
46 PROGRAM PARTICIPANTS SHALL NOT USE THE CERTIFICATION MARK AS ITS OWN
47 MARK, OR AS THE EXCLUSIVE REPRESENTATION OF SUCH PARTICIPANTS.
48 S 344. LICENSING AGREEMENT. PROGRAM PARTICIPANTS SHALL FULLY EXECUTE A
49 LICENSING AGREEMENT, THE PROVISIONS OF WHICH SHALL INCLUDE:
50 1. THE PURPOSE OF THE "GROWN IN NEW YORK" CAMPAIGN AS PROVIDED IN
51 SECTION THREE HUNDRED FORTY OF THIS ARTICLE;
52 2. THE OWNERSHIP AND PROTECTION OF THE "GROWN IN NEW YORK" CERTIF-
53 ICATION MARK;
54 3. STATEMENTS BY THE PARTICIPANTS ACKNOWLEDGING THAT THE CERTIFICATION
55 MARK AND GOOD WILL ARE THE PROPERTY OF THE DEPARTMENT;
S. 4208 69
1 4. AGREEMENT BY THE PARTICIPANT TO REFRAIN FROM ACTING SO AS TO DIMIN-
2 ISH THE VALUE OF THE CERTIFICATION MARK AND TO COOPERATE WITH THE
3 DEPARTMENT IN ITS EFFORTS TO PROTECT THE CERTIFICATION MARK;
4 5. AGREEMENT BY THE PARTICIPANT TO MAINTAIN RECORDS EVIDENCING COMPLI-
5 ANCE WITH THE TERMS AND CONDITIONS OF THE LICENSING AGREEMENT;
6 6. A STATEMENT OF INDEMNIFICATION EXCUSING THE DEPARTMENT, THE STATE
7 OF NEW YORK, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIREC-
8 TORS, AND AGENTS FROM ANY CLAIMS, ACTIONS, SUITS, INJURIES, DAMAGES,
9 COSTS, EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, AND/OR
10 OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH USE OF THE
11 CERTIFICATION MARK, BREACH OF THE AGREEMENT, AND/OR PROMOTION, SALE, USE
12 OR CONSUMPTION OF PARTICIPANTS' PRODUCTS; AND
13 7. AN AGREEMENT AWARDING ATTORNEY'S FEES TO THE PREVAILING PARTY IN
14 ANY ACTION ARISING OUT OF A DISPUTE OVER THE LICENSING AGREEMENT.
15 S 345. REGISTRATION. ANY PERSON OR CORPORATION THAT PARTICIPATES IN
16 THE "GROWN IN NEW YORK" PROGRAM SHALL REGISTER ANNUALLY WITH THE DEPART-
17 MENT IN A FORM AND MANNER AS REQUIRED BY THE DEPARTMENT. EACH PERSON OR
18 CORPORATION SHALL RENEW THEIR REGISTRATION ON THE ANNIVERSARY DATE OF
19 ORIGINAL MEMBERSHIP.
20 S 346. RULES AND REGULATIONS. THE DEPARTMENT SHALL PROMULGATE RULES
21 AND REGULATIONS FOR THE PURPOSES OF FULFILLING THE OBJECTIVES OF THIS
22 ARTICLE ON ITS EFFECTIVE DATE, INCLUDING RULES FOR ENTERING INTO
23 CONTRACTS WITH ADVERTISING AGENCIES FOR SERVICES WHICH ARE DIRECTLY
24 RELATED TO THE "GROWN IN NEW YORK" CAMPAIGN. THE DEPARTMENT SHALL
25 FURTHER DETERMINE, BY RULE, THE LOGOS OR PRODUCT IDENTIFIERS TO BE
26 DEPICTED FOR USE IN ADVERTISING, PUBLICIZING, AND PROMOTION OF NEW YORK
27 AGRICULTURAL PRODUCTS OR AGRICULTURAL-BASED PRODUCTS IN THE "GROWN IN
28 NEW YORK" CAMPAIGN. THE DEPARTMENT MAY ALSO ADOPT RULES NOT INCONSISTENT
29 WITH THE PROVISIONS OF THIS ARTICLE AS IN ITS JUDGMENT MAY BE NECESSARY
30 FOR PARTICIPANT REGISTRATION, RENEWAL OF REGISTRATION, APPLICATION
31 FORMS, AS WELL AS OTHER FORMS AND ENFORCEMENT MEASURES ENSURING COMPLI-
32 ANCE WITH THIS ARTICLE.
33 S 2. This act shall take effect on the one hundred twentieth day after
34 it shall have become a law; provided, however, that effective immediate-
35 ly, the addition, amendment and/or repeal of any rule or regulation
36 necessary for the implementation of this act on its effective date is
37 authorized and directed to be made and completed on or before such date.
38 PART CCC
39 Section 1. Section 1 of chapter 882 of the laws of 1953, constituting
40 the waterfront commission act is amended by adding a new article VII-A
41 to read as follows:
42 ARTICLE VII-A
43 CARGO FACILITY CHARGES
44 1. AS USED IN THIS ARTICLE:
45 (A) "BILL OF LADING" MEANS A DOCUMENT EVIDENCING THE RECEIPT OF GOODS
46 FOR SHIPMENT ISSUED BY A PERSON ENGAGED IN THE BUSINESS OF TRANSPORTING
47 OR FORWARDING GOODS.
48 (B) "CARGO FACILITY CHARGE" MEANS ANY FEE APPLICABLE TO CARGO AND
49 CARGO CONTAINERS DISCHARGED FROM, OR LOADED ONTO, VESSELS AT ANY MARINE
50 FACILITY OWNED OR OPERATED BY THE PORT AUTHORITY.
51 (C) "CARRIER" MEANS A CARRIER AS THAT TERM IS DEFINED IN 49 U.S.C. S.
52 13102.
S. 4208 70
1 (D) "CONTAINER" MEANS ANY RECEPTACLE, BOX, CARTON, OR CRATE WHICH IS
2 SPECIFICALLY DESIGNED AND CONSTRUCTED SO THAT IT MAY BE REPEATEDLY USED
3 FOR THE CARRIAGE OF FREIGHT BY AN OCEAN COMMON CARRIER.
4 (E) "MARINE TERMINAL OPERATOR" MEANS ANY PERSON, CORPORATION, PARTNER-
5 SHIP, OR ANY BUSINESS ORGANIZATION WHICH SHALL OPERATE AND MAINTAIN ANY
6 OF THE MARINE TERMINALS ESTABLISHED, ACQUIRED, CONSTRUCTED, REHABILI-
7 TATED, OR IMPROVED BY THE PORT AUTHORITY BY MEANS OF AND THROUGH LEASING
8 AGREEMENTS ENTERED INTO BY ANY SUCH PERSON, CORPORATION, PARTNERSHIP, OR
9 ANY BUSINESS ORGANIZATION WITH THE PORT AUTHORITY.
10 (F) "OCEAN COMMON CARRIER" MEANS AN OCEAN COMMON CARRIER AS THAT TERM
11 IS DEFINED IN 46 U.S.C. S.40102.
12 (G) "RAIL CARRIER" MEANS A RAIL CARRIER AS THAT TERM IS DEFINED IN 49
13 U.S.C. S. 10102.
14 (H) "TARIFF" MEANS A MARINE TERMINAL OPERATOR SCHEDULE AS THAT TERM IS
15 DEFINED IN 46 C.F.R. 525.2.
16 (I) "USER" MEANS:
17 (1) ANY PERSON, COMPANY, OR OTHER ENTITY THAT IS NAMED AS THE SHIPPER
18 OR CONSIGNEE ON THE OCEAN COMMON CARRIER BILL OF LADING ISSUED FOR
19 EXPORT OR IMPORT CARGO, OR ANY PERSON OWNING OR ENTITLED TO THE
20 POSSESSION, OR HAVING A PAST OR FUTURE INTEREST IN, THE EXPORT OR IMPORT
21 CARGO;
22 (2) IN THE CASE OF NEGOTIABLE BILLS OF LADING, ANY OTHER PERSON,
23 COMPANY, OR OTHER ENTITY THAT IS A BONA FIDE HOLDER OF THE BILL OF
24 LADING OR WHO IS ENTITLED TO RECEIVE DELIVERY OF EXPORT CARGO OR IMPORT
25 CARGO; OR
26 (3) ANY OTHER BAILOR OF EXPORT OR IMPORT CARGO.
27 2. NOTWITHSTANDING ANY LAW, RULE, REGULATION, OR EXISTING TARIFF TO
28 THE CONTRARY, THE PORT AUTHORITY SHALL NOT ASSESS A USER, OCEAN COMMON
29 CARRIER, MARINE TERMINAL OPERATOR, CARRIER, OR RAIL CARRIER A CARGO
30 FACILITY CHARGE ON IMPORT AND EXPORT CARGO LEAVING ANY MARINE FACILITY
31 OWNED OR OPERATED BY THE PORT AUTHORITY, EXCEPT THAT THE PORT AUTHORITY
32 MAY ASSESS A USER, OCEAN COMMON CARRIER, MARINE TERMINAL OPERATOR,
33 CARRIER, OR RAIL CARRIER A CARGO FACILITY CHARGE UPON WRITTEN MUTUAL
34 AGREEMENT BETWEEN THE USER, OCEAN COMMON CARRIER, MARINE TERMINAL OPERA-
35 TOR, CARRIER, OR RAIL CARRIER AND THE PORT AUTHORITY.
36 S 2. This act shall take effect upon the enactment into law by the
37 state of New Jersey of legislation having an identical effect with this
38 act, but if the state of New Jersey shall have already enacted such
39 legislation, then it shall take effect immediately; and provided that
40 the waterfront commission shall notify the legislative bill drafting
41 commission upon the occurrence of the enactment of the legislation
42 provided for in section one of this act in order that the commission may
43 maintain an accurate and timely effective data base of the official text
44 of laws of the state of New York in furtherance of effecting the
45 provisions of section 44 of the legislative law and section 70-b of the
46 public officers law.
47 PART DDD
48 Section 1. Sections 1, 1-a, 1-b, 1-c, 1-d, 2, 3, 3-a, 3-b, 3-c, 3-d,
49 4, 4-a, 4-b, 4-c, 5, 7, 8, 9 and 10 of chapter 43 of the laws of 2014
50 amending the vehicle and traffic law and other laws relating to estab-
51 lishing in the counties of Nassau and Suffolk a demonstration program
52 implementing speed violation monitoring systems in school speed zones by
53 means of photo devices are REPEALED.
S. 4208 71
1 S 2. Paragraph 2 of subdivision (a) of section 1180-b of the vehicle
2 and traffic law, as added by chapter 189 of the laws of 2013, is amended
3 to read as follows:
4 2. No photo speed violation monitoring system shall be used in a
5 school speed zone unless (i) on the day it is to be used it has success-
6 fully passed a self-test of its functions; and (ii) it has undergone an
7 annual calibration check performed pursuant to paragraph four of this
8 subdivision. The city [may] SHALL install signs, giving notice OF SCHOOL
9 SPEED ZONES AND that a photo speed violation monitoring system is in use
10 to be mounted on advance warning signs notifying motor vehicle operators
11 of such upcoming school speed zone and/or on speed limit signs applica-
12 ble within such school speed zone, in conformance with standards estab-
13 lished in the MUTCD.
14 S 3. Subdivision (b) of section 1180-b of the vehicle and traffic law,
15 as added by chapter 189 of the laws of 2013, is amended to read as
16 follows:
17 (b) If the city of New York establishes a demonstration program pursu-
18 ant to subdivision (a) of this section, the owner of a vehicle shall be
19 liable for a penalty imposed pursuant to this section if such vehicle
20 was used or operated with the permission of the owner, express or
21 implied, within a school speed zone in violation of subdivision (c) or
22 during the times authorized pursuant to subdivision (a) of this section
23 in violation of subdivision (b), (d), (f) or (g) of section eleven
24 hundred eighty of this article, such vehicle was traveling at a speed of
25 more than ten miles per hour above the posted speed limit in effect
26 within such school speed zone, and such violation is evidenced by infor-
27 mation obtained from a photo speed violation monitoring system; provided
28 however that no owner of a vehicle shall be liable for a penalty imposed
29 pursuant to this section where the operator of such vehicle has been
30 convicted of the underlying violation of subdivision (b), (c), (d), (f)
31 or (g) of section eleven hundred eighty of this article. NOTWITHSTAND-
32 ING ANY LAW TO THE CONTRARY, IF THE CITY OF NEW YORK ADOPTS A DEMON-
33 STRATION PROGRAM PURSUANT TO THIS SECTION, THE NET PROCEEDS OF ANY
34 PENALTY, AFTER EXPENSES OF ADMINISTRATION, RESULTING FROM A PHOTO SPEED
35 VIOLATION MONITORING SYSTEM USED IN THE COURSE OF THIS PROGRAM IN THE
36 CITY OF NEW YORK SHALL BE UTILIZED FOR PROGRAMS RELATED TO IMPROVING
37 PUBLIC SAFETY AND/OR SCHOOL SAFETY IN THAT CITY.
38 S 4. The opening paragraph of subdivision (n) of section 1180-b of the
39 vehicle and traffic law, as added by chapter 189 of the laws of 2013, is
40 amended to read as follows:
41 If the city adopts a demonstration program pursuant to [subdivision]
42 PARAGRAPH one OF SUBDIVISION (A) of this section it shall conduct a
43 study and submit a report ANNUALLY on the results of the use of photo
44 devices to the governor, the temporary president of the senate and the
45 speaker of the assembly NO LATER THAN THE FIRST DAY OF DECEMBER. Such
46 report shall include:
47 S 5. This act shall take effect immediately, provided, however, that:
48 a. sections two, three and four of this act shall take effect on the
49 one hundred eightieth day after it shall have become a law; and
50 b. the amendments to section 1180-b of the vehicle and traffic law
51 made by sections two, three and four of this act shall not affect the
52 repeal of such section and shall be deemed repealed therewith.
53 PART EEE
S. 4208 72
1 Section 1. The public authorities law is amended by adding a new
2 section 553-j to read as follows:
3 S 553-J. VERRAZANO-NARROWS BRIDGE; TOLL DISCOUNTS. NOTWITHSTANDING ANY
4 INCONSISTENT PROVISIONS OF LAW, THE SAME ELECTRONIC TOLL COLLECTION
5 DISCOUNT PROGRAMS THAT EXIST FOR REGISTERED VEHICLES TO RESIDENTS OF THE
6 COUNTY OF RICHMOND AT THE VERRAZANO-NARROWS BRIDGE, WHERE TOLLS ARE
7 COLLECTED IN THE STATEN ISLAND-BOUND DIRECTION, SHALL BE PROVIDED TO
8 RESIDENTS OF THE COUNTY OF KINGS WHO RESIDE WITHIN ANY ZIP CODE WITHIN
9 TWELVE MILES OF THE ANCHORAGE ON THE BROOKLYN SIDE OF THE VERRAZANO-NAR-
10 ROWS BRIDGE. TOLL DISCOUNTS WILL BE PROVIDED IN ACCORDANCE WITH PROCE-
11 DURES AND UNDER SUCH TERMS AND CONDITIONS AS FROM TIME TO TIME MAY BE
12 PRESCRIBED BY THE AUTHORITY. SUCH PROCEDURES AND TERMS MAY PRESCRIBE AND
13 REQUIRE MINIMUM TRIP USAGE, MINIMUM PURCHASE, MINIMUM DEPOSITS AND/OR
14 ADMINISTRATIVE SERVICE FEES ON ACCOUNTS OR EQUIPMENT. APPLICATION AND
15 REGISTRATION FOR ANY PROGRAM AND PAYMENT DEVICES SHALL BE MADE IN SUCH
16 MANNER AS PRESCRIBED BY THE AUTHORITY AND SHALL CONTAIN SUCH INFORMATION
17 AS THE AUTHORITY MAY REASONABLY REQUIRE. THE METROPOLITAN TRANSPORTATION
18 AUTHORITY SHALL PAY ONE HUNDRED PERCENT OF THE COSTS RELATED TO THE
19 IMPLEMENTATION AND OPERATION OF THIS SECTION.
20 S 2. This act shall take effect immediately.
21 PART FFF
22 Section 1. Section 73-d of the transportation law, as amended by
23 chapter 562 of the laws of 1987, is amended to read as follows:
24 S 73-d. Interagency coordinating committee on rural public transporta-
25 tion. 1. There is hereby created a committee to be known as the "inter-
26 agency coordinating committee on rural public transportation", to be
27 comprised of nineteen members. The commissioner or his or her designee
28 shall serve as chairperson. Twelve of such members shall be the follow-
29 ing or his or her duly designated representative: the director of the
30 office for the aging; the commissioner of education; the commissioner of
31 labor; the commissioner of health; the commissioner of the office of
32 mental health; the commissioner of the office [of mental retardation
33 and] FOR PEOPLE WITH developmental disabilities; the commissioner of
34 social services; state advocate for the disabled; secretary of state;
35 commissioner of agriculture and markets; the director of the office of
36 rural affairs and the director of the division for youth. Six additional
37 members, all of whom shall be transportation providers or consumers
38 representing rural counties shall be appointed to serve a term of three
39 years as follows: two by the president pro-tempore of the senate, two by
40 the speaker of the assembly, one by the minority leader of the senate,
41 and one by the minority leader of the assembly. Efforts shall be made to
42 provide a broad representation of consumers and providers of transporta-
43 tion services in rural counties when making such appointments. Members
44 of the committee shall receive no salary.
45 The commissioner shall cause the department to provide staff assist-
46 ance necessary for the efficient and effective operation of the commit-
47 tee.
48 2. The committee shall[:] MEET QUARTERLY AND SHALL REPORT TO THE
49 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
50 ASSEMBLY ANNUALLY, BEGINNING OCTOBER FIRST, TWO THOUSAND FIFTEEN. THE
51 ANNUAL REPORT SHALL:
52 A. IDENTIFY EXISTING RURAL TRANSPORTATION SYSTEMS AND DESCRIBE RIDER-
53 SHIP, REVENUE, AND FINANCIAL CHALLENGES FOR EACH SYSTEM;
S. 4208 73
1 B. IDENTIFY RURAL POPULATIONS CURRENTLY UTILIZING PUBLIC TRANSPORTA-
2 TION, AS WELL AS POPULATIONS IN NEED OF PUBLIC TRANSPORTATION WITHOUT
3 ACCESS, AND DISCUSS RECOMMENDATIONS FOR MAINTAINING AND EXPANDING
4 SERVICES;
5 C. INCLUDE A BREAKDOWN BY COUNTY OF COST SAVINGS, MODES OF TRANSPORTA-
6 TION PROVIDED TO MEDICAID PATIENTS, AND RATES OF UTILIZATION OF PUBLIC
7 TRANSPORTATION BY MEDICAID PATIENTS;
8 D. identify programs and the annual amounts and sources of funds from
9 such programs that are eligible to be used to support a coordinated
10 public transportation service, and the annual amounts and sources of
11 such funds that are actually used for client transportation or for
12 transportation of persons in connection with agency-affiliated programs
13 or services; such data shall be provided on a county basis;
14 [b.] E. identify restrictions on existing programs that inhibit funds
15 from such programs being used to pay for a coordinated public transpor-
16 tation service in rural counties;
17 [c.] F. recommend changes in state or local laws or regulations that
18 would improve the coordination of funds, facilities, vehicles or equip-
19 ment and other resources used for transportation at the local level;
20 [d.] G. upon request, compile and forward to the commissioner any data
21 or other information required by this section.
22 S 2. This act shall take effect immediately.
23 PART GGG
24 Section 1. Subdivision 5 of section 88-a of the state finance law is
25 amended by adding a new paragraph (d) to read as follows:
26 (D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMP-
27 TROLLER IS HEREBY AUTHORIZED AND DIRECTED TO TRANSFER FROM THE GENERAL
28 FUND FOR DEPOSIT INTO THE PUBLIC TRANSPORTATION SYSTEM OPERATING ASSIST-
29 ANCE ACCOUNT, ON OR BEFORE MARCH THIRTY-FIRST OF EACH YEAR, AN AMOUNT
30 EQUAL TO THE FOLLOWING:
31 (I) FOR THE STATE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
32 SIXTEEN, THREE MILLION FIVE HUNDRED SEVENTY-FOUR THOUSAND DOLLARS;
33 (II) IN EACH SUCCEEDING STATE FISCAL YEAR, THE TRANSFER SHALL EQUAL
34 THE PRODUCT OF ONE HUNDRED EIGHTY-TWO MILLION TWO HUNDRED SIXTY-FOUR
35 THOUSAND ONE HUNDRED DOLLARS AND ONE PLUS THE GROWTH FACTOR. FOR THE
36 PURPOSES OF THIS SUBPARAGRAPH, THE GROWTH FACTOR IS THE PERCENTAGE, IF
37 ANY, BY WHICH THE AGGREGATE AMOUNT OF SALES AND COMPENSATING USE TAXES
38 IMPOSED PURSUANT TO THE AUTHORITY OF SUBPART B OF PART I OF ARTICLE
39 TWENTY-NINE OF THE TAX LAW, FOR THE TWELVE MONTH PERIOD ENDING ON DECEM-
40 BER THIRTY-FIRST OF THE IMMEDIATELY PRECEDING CALENDAR YEAR EXCEEDS THE
41 AGGREGATE AMOUNT OF SUCH SALES AND COMPENSATING USE TAXES FOR THE TWELVE
42 MONTH PERIOD ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN. IN
43 NO YEAR WILL THE AMOUNT OF THE DEPOSIT AUTHORIZED UNDER THIS SECTION BE
44 LESS THAN THE AMOUNT MADE IN THE PRIOR YEAR.
45 S 2. Subdivision 7 of section 88-a of the state finance law is amended
46 by adding a new paragraph (c) to read as follows:
47 (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, BEGINNING IN
48 THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, IF:
49 (I) THE RATE OF GROWTH IN THE MOST RECENT YEAR OF THE AGGREGATE AMOUNT
50 OF REVENUE DEPOSITED IN THE METROPOLITAN MASS TRANSPORTATION OPERATING
51 ASSISTANCE ACCOUNT FOR THE TWELVE MONTH PERIOD ENDING ON DECEMBER THIR-
52 TY-FIRST OF THE IMMEDIATELY PRECEDING CALENDAR YEAR EXCEEDS THE AGGRE-
53 GATE AMOUNT OF REVENUE DEPOSITED IN THE ACCOUNT FOR THE TWELVE MONTH
S. 4208 74
1 PERIOD ENDING ON DECEMBER THIRTY-FIRST, OF THE YEAR PRIOR TO THE IMME-
2 DIATELY PRECEDING CALENDAR YEAR, IS LESS THAN
3 (II) THE RATE OF GROWTH IN THE MOST RECENT YEAR OF THE AGGREGATE
4 AMOUNT OF SALES AND COMPENSATING USE TAXES IMPOSED PURSUANT TO THE
5 AUTHORITY OF SUBPART B OF PART I OF ARTICLE TWENTY-NINE OF THE TAX LAW,
6 FOR THE TWELVE MONTH PERIOD ENDING ON DECEMBER THIRTY-FIRST OF THE IMME-
7 DIATELY PRECEDING CALENDAR YEAR EXCEEDS THE AGGREGATE AMOUNT OF SUCH
8 SALES AND COMPENSATING USE TAXES FOR THE TWELVE MONTH PERIOD ENDING ON
9 DECEMBER THIRTY-FIRST, OF THE YEAR PRIOR TO THE IMMEDIATELY PRECEDING
10 CALENDAR YEAR, THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO
11 TRANSFER FROM THE GENERAL FUND FOR DEPOSIT INTO THE METROPOLITAN MASS
12 TRANSPORTATION OPERATING ASSISTANCE ACCOUNT, ON OR BEFORE MARCH THIRTY-
13 FIRST OF EACH YEAR, AN AMOUNT EQUAL TO THE DIFFERENCE, IF ANY, BETWEEN
14 THE AGGREGATE AMOUNT OF REVENUE DEPOSITED IN THE METROPOLITAN MASS
15 TRANSPORTATION OPERATING ASSISTANCE ACCOUNT IN THE MOST RECENT YEAR AND
16 THE PRODUCT OF THE AGGREGATE AMOUNT OF REVENUE DEPOSITED IN THE METRO-
17 POLITAN MASS TRANSPORTATION OPERATING ASSISTANCE ACCOUNT IN THE MOST
18 RECENT YEAR AND THE GROWTH RATE IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
19 IN NO YEAR WILL THE AMOUNT OF THE DEPOSIT AUTHORIZED UNDER THIS SECTION
20 BE LESS THAN THE AMOUNT MADE IN THE PRIOR YEAR.
21 S 3. This act shall take effect immediately.
22 PART HHH
23 Section 1. The public authorities law is amended by adding a new
24 section 1884 to read as follows:
25 S 1884. CLEAN ENERGY RURAL DEVELOPMENT PROGRAM. 1. THE AUTHORITY SHALL
26 DEDICATE AT LEAST TEN MILLION DOLLARS IN GRANT FUNDING ANNUALLY TO
27 RENEWABLE ENERGY OR ENERGY EFFICIENT PROJECTS ON FARM OPERATIONS,
28 INCLUDING, BUT NOT LIMITED TO SOLAR INSTALLATIONS, THE CONSTRUCTION OF
29 NEW ANAEROBIC DIGESTER SYSTEMS, THREE PHASE POWER, AND SMALL SCALE WIND
30 NOT DESIGNED FOR THE PRODUCTION OF POWER PRIMARILY FOR SALE TO THE ELEC-
31 TRICAL GRID.
32 2. THE AUTHORITY SHALL SUBMIT TO THE GOVERNOR, THE SPEAKER OF THE
33 ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE ASSEM-
34 BLY ENERGY COMMITTEE, THE RANKING MINORITY MEMBER OF THE ASSEMBLY ENERGY
35 COMMITTEE, THE CHAIR OF THE SENATE ENERGY AND TELECOMMUNICATIONS COMMIT-
36 TEE, THE RANKING MINORITY MEMBER OF THE SENATE ENERGY AND TELECOMMUNI-
37 CATIONS COMMITTEE, THE CHAIR OF THE ASSEMBLY CORPORATIONS, AUTHORITIES
38 AND COMMISSIONS COMMITTEE, THE RANKING MINORITY MEMBER OF THE ASSEMBLY
39 CORPORATIONS, AUTHORITIES AND COMMISSIONS COMMITTEE, THE CHAIR OF THE
40 SENATE CORPORATIONS, AUTHORITIES AND COMMISSIONS COMMITTEE, THE RANKING
41 MINORITY MEMBER OF THE SENATE CORPORATIONS, AUTHORITIES AND COMMISSIONS
42 COMMITTEE AND THE CHAIR OF THE RENEWABLE ENERGY SUBCOMMITTEE IN THE
43 ASSEMBLY AN ANNUAL ACCOUNTING OF THE GRANT DISBURSEMENTS, INCLUDING A
44 BRIEF DESCRIPTION OF EACH PROJECT THAT RECEIVED FUNDING.
45 S 2. This act shall take effect on the ninetieth day after it shall
46 have become law.
47 PART III
48 Section 1. The economic development law is amended by adding a new
49 article 22 to read as follows:
50 ARTICLE 22
51 EMPIRE PUBLIC WORKS PROGRAM
52 SECTION 500. SHORT TITLE.
S. 4208 75
1 501. DEFINITIONS.
2 502. APPLICATION REVIEW COMMITTEE.
3 503. EMPIRE PUBLIC WORKS PROGRAM.
4 504. LOANS.
5 S 500. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
6 THE "EMPIRE PUBLIC WORKS PROGRAM".
7 S 501. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
8 1. "COMMITTEE" MEANS THE APPLICATION REVIEW COMMITTEE ESTABLISHED
9 PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS ARTICLE.
10 2. "ELIGIBLE APPLICANT" MEANS ANY STATE AGENCY, PUBLIC AUTHORITY,
11 MUNICIPAL CORPORATION AS DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL
12 LAW, PUBLIC UTILITY COMPANY AS DEFINED IN SECTION TWO OF THE PUBLIC
13 SERVICE LAW, OR WATER AND SEWER DISTRICT.
14 3. "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY THAT IS
15 SUBJECT TO THIS ARTICLE.
16 4. "MANUFACTURED IN THE UNITED STATES" MEANS: (A) IN THE CASE OF AN
17 IRON OR STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED
18 STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COAT-
19 INGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL
20 ADDITIVES; AND (B) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL
21 BE CONSIDERED MANUFACTURED IN THE UNITED STATES IF:
22 (I) ALL OF ITS MANUFACTURING PROCESSES TAKE PLACE IN THE UNITED
23 STATES, AND
24 (II) MORE THAN SIXTY PERCENT OF THE COMPONENTS OF THE MANUFACTURED
25 GOOD, BY COST, ARE OF DOMESTIC ORIGIN. IF, UNDER THE TERMS OF THIS
26 SUBPARAGRAPH, A COMPONENT IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS
27 ENTIRE COST MAY BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF
28 AN END PRODUCT.
29 5. "PROGRAM" MEANS THE EMPIRE WORKS PROGRAM ESTABLISHED PURSUANT TO
30 THIS ARTICLE.
31 6. "UNITED STATES" MEANS THE UNITED STATES OF AMERICA, AND INCLUDES
32 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO THE JURISDICTION OF
33 THE UNITED STATES.
34 7. "MEANINGFUL JOB CREATION AND RETENTION" MEANS COMMITTING TO CREATE
35 A MINIMUM OF SEVENTY-FIVE NEW JOBS WITHIN TWO YEARS, AND A RETENTION OF
36 AT LEAST FIFTY PERCENT OF THE JOBS CREATED FOR AT LEAST FOUR YEARS, AS A
37 RESULT OF THE LOAN APPROVAL PURSUANT TO THE PROGRAM. "JOB CREATION"
38 MEANS THOSE NEW POSITIONS CREATED AND FILLED, INCLUDING APPRENTICESHIPS,
39 THAT ARE FILLED AS A RESULT OF THE LOAN PROVIDED PURSUANT TO THE
40 PROGRAM. "JOBS RETAINED" MEANS THOSE FILLED POSITIONS THAT ARE RETAINED,
41 INCLUDING APPRENTICESHIPS, AS A RESULT OF THE LOAN PURSUANT TO THE
42 PROGRAM.
43 S 502. APPLICATION REVIEW COMMITTEE. 1. THERE SHALL BE ESTABLISHED,
44 WITHIN THE EMPIRE STATE DEVELOPMENT AUTHORITY, AN APPLICATION REVIEW
45 COMMITTEE FOR THE PURPOSE OF RECEIVING, REVIEWING, AND GRANTING OR DENY-
46 ING LOAN APPLICATIONS SUBMITTED PURSUANT TO THIS ARTICLE.
47 2. THE COMMITTEE SHALL BE COMPOSED OF THE FOLLOWING MEMBERS:
48 (A) THE COMMISSIONER, OR HIS OR HER DESIGNEE;
49 (B) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, OR HIS OR HER
50 DESIGNEE;
51 (C) THE COMMISSIONER OF TRANSPORTATION, OR HIS OR HER DESIGNEE;
52 (D) THE COMMISSIONER OF LABOR, OR HIS OR HER DESIGNEE; AND
53 (E) THREE MEMBERS, HAVING EXPERTISE IN CRITICAL INFRASTRUCTURE
54 PROJECTS, ECONOMIC DEVELOPMENT OR JOB CREATION, WITH ONE MEMBER
55 APPOINTED BY EACH OF THE FOLLOWING:
56 (I) THE GOVERNOR;
S. 4208 76
1 (II) THE TEMPORARY PRESIDENT OF THE SENATE; AND
2 (III) THE SPEAKER OF THE ASSEMBLY.
3 3. VACANCIES IN THE MEMBERSHIP OF THE COMMITTEE SHALL BE FILLED IN THE
4 MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. FURTHERMORE, THE MEMBERS OF
5 THE COMMITTEE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT
6 SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
7 PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS ARTICLE.
8 4. THE COMMITTEE, IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE,
9 SHALL ESTABLISH STANDARDS FOR THE SUBMISSION AND REVIEW OF APPLICATIONS
10 UNDER THE PROGRAM. THE COMMITTEE SHALL ACCEPT APPLICATIONS ON A
11 YEAR-ROUND BASIS, PROVIDED, HOWEVER, ONLY APPLICATIONS SUBMITTED ON OR
12 BEFORE THE THIRTY-FIRST OF MARCH SHALL BE CONSIDERED FOR THE GRANTING OF
13 LOANS DURING THE SUCCEEDING STATE FISCAL YEAR. ALL APPLICATIONS SHALL BE
14 EVALUATED, DETERMINED AND PRIORITIZED BASED ON THE FOLLOWING ATTRIBUTES
15 OF THE PROJECT TO WHICH SUCH APPLICATION RELATES:
16 (A) THE CRITICAL INFRASTRUCTURE NEED ADDRESSED BY THE PROJECT;
17 (B) THE JOB TRAINING COMPONENT OF THE PROJECT, INCLUDING, FOR
18 CONSTRUCTION WORK, DEPARTMENT OF LABOR REGISTERED APPRENTICE PROGRAMS
19 AND PRE-APPRENTICE PROGRAMS WITH DEPARTMENT OF LABOR APPROVED DIRECT
20 ENTRY AGREEMENTS WITH REGISTERED APPRENTICE PROGRAMS;
21 (C) THE REGIONAL OR STATEWIDE NEEDS ADDRESSED BY THE PROJECT; AND
22 (D) THE STATEWIDE AND COMMUNITY ECONOMIC AND/OR ENVIRONMENTAL BENEFITS
23 OF THE PROJECT.
24 S 503. EMPIRE PUBLIC WORKS PROGRAM. 1. THE EMPIRE PUBLIC WORKS PROGRAM
25 IS ESTABLISHED WITHIN THE EMPIRE STATE DEVELOPMENT CORPORATION. THE
26 PROGRAM SHALL PROVIDE LOANS TO ELIGIBLE APPLICATIONS FOR ELIGIBLE
27 PROJECTS.
28 2. PROJECTS WHICH ARE ELIGIBLE FOR LOANS UNDER THE PROGRAM SHALL
29 INCLUDE:
30 (A) BRIDGE REPAIR PROJECTS;
31 (B) CITY, COUNTY AND STATE ROAD AND HIGHWAY PROJECTS;
32 (C) PROJECTS TO MITIGATE THE IMPACTS OF CLIMATE CHANGE INCLUDING:
33 EROSION MITIGATION, FLOOD CONTROL, WETLAND AND SOIL PRESERVATION AND
34 RESTORATION, AND THE HARDENING OF INFRASTRUCTURE;
35 (D) WATER AND SEWER PROJECTS INCLUDING DRAINAGE;
36 (E) PUBLIC UTILITY PROJECTS INCLUDING THE HARDENING OF SUCH UTILITIES;
37 (F) TUNNEL PROJECTS;
38 (G) PUBLIC MASS TRANSIT PROJECTS, INCLUDING BUSES, RAIL AND SUBWAYS;
39 AND
40 (H) PARK AND RECREATIONAL FACILITY PROJECTS.
41 3. ALL ELIGIBLE PROJECTS SHALL BE LOCATED WITHIN THE STATE AND SHALL
42 PROVIDE FOR MEANINGFUL JOB CREATION AND RETENTION AS THE RESULT THEREOF.
43 EACH APPLICANT SHALL INCLUDE A DESCRIPTION OF THE JOBS TO BE CREATED BY
44 APPROVAL OF ITS LOAN APPLICATION AND AN ESTIMATE OF THE NUMBER OF JOBS
45 TO BE CREATED OR RETAINED AND EXPRESSED AS THE "FULL-TIME EQUIVALENT".
46 NO ENVIRONMENTAL REMEDIATION PROJECT SHALL BE ELIGIBLE FOR ASSISTANCE
47 PURSUANT TO THIS ARTICLE.
48 4. EACH ELIGIBLE APPLICANT MAY SUBMIT AN APPLICATION TO THE COMMITTEE
49 FOR A LOAN FOR AN ELIGIBLE PROJECT. THE COMMITTEE SHALL ACCEPT, REVIEW
50 AND MAKE A DETERMINATION ON EACH APPLICATION WITHIN SIXTY DAYS OF ITS
51 RECEIPT.
52 5. THE PROCEEDS OF A LOAN RECEIVED PURSUANT TO THIS ARTICLE SHALL BE
53 USED FOR THE COMPLETION OF THE ELIGIBLE PROJECT, INCLUDING PRE-DESIGN
54 STUDIES, LAND ACQUISITION AND REMEDIATION, BUILDING CONSTRUCTION,
55 MACHINERY, EQUIPMENT, FIXTURES, INVENTORY, RENOVATION AND MODERNIZATION,
S. 4208 77
1 AND JOB TRAINING, PROVIDED THAT AT LEAST FIFTY PERCENT OF THE LOAN VALUE
2 IS USED FOR CONSTRUCTION AND TRAINING.
3 6. ALL PROJECTS FUNDED BY A LOAN PURSUANT TO THIS ARTICLE WHERE ALL OR
4 ANY PORTION THEREOF INVOLVES A LEASE OR AGREEMENT FOR CONSTRUCTION,
5 DEMOLITION, RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENO-
6 VATION, ALTERATION OR IMPROVEMENT SHALL BE DEEMED PUBLIC WORKS PROJECTS,
7 AND SHALL BE SUBJECT TO AND PERFORMED IN ACCORDANCE WITH THE PROVISIONS
8 OF ARTICLE EIGHT OF THE LABOR LAW TO THE SAME EXTENT AND IN THE SAME
9 MANNER AS A CONTRACT OF THE STATE, AND COMPLIANCE WITH ALL THE
10 PROVISIONS OF SUCH ARTICLE SHALL BE REQUIRED OF ANY LESSEE, SUBLESSEE,
11 CONTRACTOR OR SUBCONTRACTOR ON THE PROJECT INCLUDING THE ENFORCEMENT OF
12 PREVAILING WAGE REQUIREMENTS BY THE FISCAL OFFICER AS DEFINED IN PARA-
13 GRAPH E OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THE LABOR
14 LAW TO THE SAME EXTENT AS A CONTRACT OF THE STATE.
15 7. FOR ELIGIBLE APPLICANTS WHICH ARE AWARDED A LOAN FOR AN ELIGIBLE
16 PROJECT, SUCH LOAN, INCLUDING LOAN GUARANTEES, LINES OF CREDIT, CREDIT
17 ENHANCEMENTS, EQUIPMENT FINANCING LEASES, BOND INSURANCE AND OTHER FORMS
18 OF FINANCIAL ASSISTANCE, SHALL NOT BE LESS THAN TWO HUNDRED FIFTY THOU-
19 SAND DOLLARS NOR MORE THAN SEVEN HUNDRED FIFTY MILLION DOLLARS.
20 8. THE COMMITTEE MAY CONSIDER THE APPLICANT'S WILLINGNESS TO REQUIRE
21 ITS CONSTRUCTION CONTRACTORS TO ENTER INTO A PROJECT LABOR AGREEMENT FOR
22 THE CONSTRUCTION WORK INVOLVED WITH THE PROJECT FUNDED BY THE LOAN
23 PURSUANT TO THE PROGRAM, IF IT CAN BE DETERMINED THAT THE APPLICANT'S
24 PROPRIETARY INTEREST IN A COST EFFECTIVE, SAFE AND EFFICIENT PROJECT IS
25 BEST MET BY REQUIRING A PROJECT LABOR AGREEMENT.
26 S 504. LOANS. 1. ALL LOANS GRANTED PURSUANT TO THIS ARTICLE SHALL BE
27 SUBJECT TO SUCH TERMS AND CONDITIONS AS SHALL BE DETERMINED BY THE
28 EMPIRE STATE DEVELOPMENT CORPORATION.
29 2. LOANS AWARDED IN ACCORDANCE WITH THIS ARTICLE SHALL BE SUBJECT TO
30 RATES OF INTEREST ESTABLISHED BY THE EMPIRE STATE DEVELOPMENT CORPO-
31 RATION, WHICH SHALL BE LOWER THAN THOSE OF THE MUNICIPAL BOND MARKET.
32 ALL FEES SET BY SUCH CORPORATION SHALL REFLECT THE AMOUNT OF THE LOAN
33 AND THE SIZE OF THE PROJECT TO WHICH THE LOAN RELATES.
34 3. THE TERM OF LOAN GRANTED PURSUANT TO THIS ARTICLE SHALL NOT EXCEED
35 THIRTY YEARS OR THE PERIOD OF PROBABLE USEFULNESS OF THE PROJECT
36 PRESCRIBED BY SECTION 11.00 OF THE LOCAL FINANCE LAW, WHICHEVER SHALL BE
37 LESS.
38 4. THE TERMS OF EACH LOAN SHALL INCLUDE PROVISIONS REQUIRING COMPET-
39 ITIVE BIDDING ON THE GOODS AND SERVICES NECESSARY FOR THE COMPLETION OF
40 THE PROJECT.
41 5. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CONTRACT FOR
42 THE CONSTRUCTION, RECONSTRUCTION, ALTERATION OR IMPROVEMENT OF A PUBLIC
43 BUILDING OF PUBLIC WORKS MADE BY A PUBLIC AGENCY FINANCED THROUGH A LOAN
44 AWARD SHALL CONTAIN A PROVISION THAT THE IRON, STEEL AND MANUFACTURED
45 PRODUCTS USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY
46 SUBCONTRACT THERETO AND PERMANENTLY INCORPORATED INTO THE PUBLIC BUILD-
47 ING OR PUBLIC WORKS SHALL BE MANUFACTURED IN THE UNITED STATES.
48 (B) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELI-
49 ABLE BIDDER AND NO BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID
50 OFFERED BY SUCH BIDDER WILL COMPLY WITH THE CONTRACT TERM REQUIRED BY
51 PARAGRAPH (A) OF THIS SUBDIVISION.
52 (C) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT
53 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF A
54 PUBLIC AGENCY FINDS:
55 (I) THAT THE APPLICATION OF THIS SECTION WOULD BE INCONSISTENT WITH
56 THE PUBLIC INTEREST;
S. 4208 78
1 (II) THAT SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN THE UNITED
2 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
3 FACTORY QUALITY; OR
4 (III) THAT INCLUSION OF DOMESTIC MATERIAL WILL INCREASE THE COST OF
5 THE OVERALL PROJECT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT.
6 (D) IF THE EXECUTIVE HEAD OF A PUBLIC AGENCY RECEIVES A REQUEST FOR A
7 WAIVER UNDER PARAGRAPH (C) OF THIS SUBDIVISION, THE COMMITTEE SHALL
8 PROVIDE NOTICE OF AND AN OPPORTUNITY FOR PUBLIC COMMENT ON THE REQUEST
9 AT LEAST THIRTY DAYS BEFORE MAKING A FINDING BASED ON THE REQUEST.
10 (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
11 (I) SUMMARIZE THE INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING
12 THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER SUBPARA-
13 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
14 (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
15 THE AGENCY; AND
16 (III) BE PROVIDED BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO-
17 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
18 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
19 TO THE DATE OF NOTICE.
20 (F) IF THE COMMITTEE ISSUES A WAIVER UNDER PARAGRAPH (C) OF THIS
21 SUBDIVISION, THE EXECUTIVE HEAD OF A PUBLIC AGENCY SHALL PUBLISH IN THE
22 SAME MANNER AS THE ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE
23 WAIVER THAT:
24 (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
25 SUBDIVISION; AND
26 (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
27 (G) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
28 THAT ANY PERSON INTENTIONALLY:
29 (I) AFFIXED A LABEL BEARING A "MADE IN AMERICA" INSCRIPTION, OR ANY
30 INSCRIPTION WITH THE SAME MEANING, TO ANY IRON, STEEL OR MANUFACTURED
31 PRODUCT USED IN PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR
32 SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR
33 (II) REPRESENTED THAT ANY IRON, STEEL OR MANUFACTURED PRODUCT USED IN
34 PROJECTS TO WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED IN THE
35 UNITED STATES, WAS PRODUCED IN THE UNITED STATES; THEN THAT PERSON SHALL
36 BE INELIGIBLE TO RECEIVE ANY CONTRACT OR SUBCONTRACT WITH THIS STATE
37 PURSUANT TO THE DEBARMENT OR SUSPENSION PROVISIONS PROVIDED UNDER
38 SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE LAW.
39 (H) THIS SUBDIVISION SHALL BE APPLIED IN A MANNER CONSISTENT WITH THE
40 STATE'S OBLIGATIONS UNDER ANY APPLICABLE INTERNATIONAL AGREEMENTS
41 PERTAINING TO GOVERNMENT PROCUREMENT.
42 S 2. The state finance law is amended by adding a new section 81 to
43 read as follows:
44 S 81. EMPIRE PUBLIC WORKS REVOLVING LOAN FUND. 1. THERE IS HEREBY
45 ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE
46 KNOWN AS THE "EMPIRE PUBLIC WORKS REVOLVING LOAN FUND".
47 2. THE FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR ITS PURPOSE,
48 ALL MONEYS TRANSFERRED TO SUCH FUND PURSUANT TO LAW, AND ALL MONEYS
49 REQUIRED BY THIS SECTION OR ANY OTHER LAW TO BE PAID INTO OR CREDITED TO
50 THIS FUND, INCLUDING ALL MONEYS RECEIVED BY THE FUND OR DONATED TO IT,
51 PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS MADE FROM THE FUND PURSUANT
52 TO ARTICLE TWENTY-TWO OF THE ECONOMIC DEVELOPMENT LAW, AND ANY INTEREST
53 EARNINGS WHICH MAY ACCRUE FROM THE INVESTMENT OR REINVESTMENT OF MONEYS
54 IN THE FUND.
S. 4208 79
1 3. MONEYS IN THE FUND, WHEN ALLOCATED, SHALL BE MADE AVAILABLE TO THE
2 EMPIRE STATE DEVELOPMENT CORPORATION TO MAKE LOANS AS PROVIDED IN ARTI-
3 CLE TWENTY-TWO OF THE ECONOMIC DEVELOPMENT LAW.
4 S 3. This act shall take effect immediately.
5 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
6 sion, section or part of this act shall be adjudged by any court of
7 competent jurisdiction to be invalid, such judgment shall not affect,
8 impair, or invalidate the remainder thereof, but shall be confined in
9 its operation to the clause, sentence, paragraph, subdivision, section
10 or part thereof directly involved in the controversy in which such judg-
11 ment shall have been rendered. It is hereby declared to be the intent of
12 the legislature that this act would have been enacted even if such
13 invalid provisions had not been included herein.
14 S 3. This act shall take effect immediately provided, however, that
15 the applicable effective date of Parts A through III of this act shall
16 be as specifically set forth in the last section of such Parts.
