A9058D-2011 Actions

• Mar 28, 2012: substituted by s6258d
• Mar 28, 2012: rules report cal.24
• Mar 28, 2012: reported
• Mar 28, 2012: reported referred to rules
• Mar 25, 2012: print number 9058d
• Mar 25, 2012: amend (t) and recommit to ways and means
• Mar 9, 2012: print number 9058c
• Mar 9, 2012: amend (t) and recommit to ways and means
• Feb 17, 2012: print number 9058b
• Feb 17, 2012: amend (t) and recommit to ways and means
• Feb 10, 2012: print number 9058a
• Feb 10, 2012: amend and recommit to ways and means
• Jan 17, 2012: referred to ways and means

A9058D-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 9058--C
 I N  ASSEMBLY
 January 17, 2012
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
 the Constitution -- read once and referred to the  Committee  on  Ways
 and  Means -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee -- again reported from  said
 committee  with amendments, ordered reprinted as amended and recommit
 ted to said committee --  again  reported  from  said  committee  with
 amendments,  ordered  reprinted  as  amended  and  recommitted to said
 committee
 

AN ACT to authorize funding for the Consolidated Local Street and  High
 way  Improvement  Program  (CHIPS)  and  Marchiselli program for state
 fiscal year 2012-2013; to amend chapter  329  of  the  laws  of  1991,
 amending  the  state finance law and other laws relating to the estab
 lishment of the dedicated highway and bridge trust fund; and to  amend
 chapter  60  of  the laws of 2011, authorizing funding for the Consol
 idated Local  Street  and  Highway  Improvement  Program  (CHIPS)  and
 Marchiselli program for state fiscal year 2011-2012 and amending chap
 ter  329 of the laws of 1991, amending the state finance law and other
 laws relating to the establishment of the dedicated highway and bridge
 trust fund, in relation to the  effectiveness  thereof  (Part  A);  to
 amend  the highway law and the state finance law, in relation to modi
 fying the distribution of certain funds (Part B); Intentionally  omit
 ted  (Part  C);  to  amend the vehicle and traffic law, in relation to
 commercial driver's licenses and medical certifications; and to repeal
 paragraph (f) of subdivision 3 of section 510-a  of  the  vehicle  and
 traffic  law,  relating  to  commercial driver's licenses (Part D); to
 amend the public authorities law, in  relation  to  notes,  bonds  and
 other   obligations  of  the  metropolitan  transportation  authority,
 Triborough bridge and tunnel  authority  and  New  York  city  transit
 authority  (Part  E);  Intentionally  omitted  (Part  F); to amend the
 transportation law, the vehicle and traffic law, the general municipal
 law, the environmental conservation law  and  the  executive  law,  in
 relation  to  federal  revenue  (Part  G);  to amend the environmental
 conservation law, in relation to the regulation of  various  fish  and
 wildlife  licenses, permits and fees; and repealing certain provisions
 of such law relating thereto (Part H); Intentionally omitted (Part I);
 to amend the environmental conservation law, in relation to  hazardous
 waste  program  fees  and  surcharges  (Part J); Intentionally omitted
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD12673-04-2
 
       A. 9058--C                          2
 (Part K); to amend the agriculture and markets  law,  in  relation  to
 seed  testing  (Part  L); to amend the agriculture and markets law, in
 relation to fees for services (Part M); to amend the  agriculture  and
 markets  law,  in  relation  to  food  processing license fees; and to
 repeal subdivision 4 of section 128-a and  subdivision  3  of  section
 133-a of the agriculture and markets law and section 90-b of the state
 finance  law  relating to the commercial feed licensing fund (Part N);
 to authorize and direct the New York state energy research and  devel
 opment  authority  to  make  a  payment  to  the general fund of up to
 $913,000 (Part O); to authorize the New York state energy research and
 development authority to finance a portion of its  research,  develop
 ment  and  demonstration and policy planning programs from assessments
 on gas and electric corporations (Part P); intentionally omitted (Part
 Q); to amend chapter 393 of the laws of 1994, amending  the  New  York
 state urban development corporation act, relating to the powers of the
 New  York  state  urban  development  corporation  to  make  loans, in
 relation to the effectiveness thereof (Part R); to amend the New  York
 state  urban  development  corporation  act,  in relation to extending
 certain provisions relating to the empire state  economic  development
 fund  (Part  S);  Intentionally  omitted  (Part T); to amend the state
 finance law, in relation to the excelsior linked deposit act (Part U);
 to authorize the department of health to  finance  certain  activities
 with revenues generated from and assessment on cable television compa
 nies (Part V); to amend the general business law and the real property
 law,  in relation to increasing the term of licensure and registration
 from two to four years (Part W); intentionally omitted  (Part  X);  to
 amend the racing, pari-mutuel wagering and breeding law and the public
 officers  law,  in relation to employment of officials at harness race
 meetings (Part Y); to  amend  the  agriculture  and  markets  law,  in
 relation to authorizing the creation of a dairy research and education
 order  (Part  Z);  to amend the public authorities law, in relation to
 the recovery of state governmental costs from public  authorities  and
 public  benefit  corporations  (Part  AA); intentionally omitted (Part
 BB); intentionally omitted (Part CC); to amend the public  authorities
 law  and  the  real  property law, in relation to the on-bill recovery
 mechanism for the "green jobs - green New York" program (Part DD);  to
 amend the environmental conservation law and the state finance law, in
 relation to requiring retained deposits on unredeemed containers to be
 deposited into the environmental protection fund (Part EE); to provide
 for  the funding of department of transportation regional offices from
 various  appropriations  for  management  and  administration  of  the
 department  (Part FF); to require a health impact assessment for hori
 zontal gas drilling and high-volume hydraulic fracturing in  New  York
 (Part  GG); relating to requirements for Regional Economic Development
 Councils; relating to back to work NY; to amend  the  New  York  state
 urban  development  corporation  act,  in  relation  to small business
 revolving loan funds;  to  amend  the  economic  development  law,  in
 relation  to  centers for excellence programs relating to requests for
 proposal process for employment opportunities;  to  amend  the  public
 authorities  law, in relation to centers for advanced technology (Part
 HH); and to establish the New York dairy task force (Part II)
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 
       A. 9058--C                          3
 

Section  1.  This  act enacts into law major components of legislation
 which are necessary to implement the state fiscal plan for the 2012-2013
 state fiscal year. Each component is  wholly  contained  within  a  Part
 identified as Parts A through II. The effective date for each particular
 provision contained within such Part is set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ
 ing the effective date of the Part, which makes a reference to a section
 "of  this  act", when used in connection with that particular component,
 shall be deemed to mean and refer to the corresponding  section  of  the
 Part  in  which  it  is  found.

Section three of this act sets forth the
 general effective date of this act.
 PART A
 

Section 1. The sum of four hundred two million seven  hundred  ninety
 seven  thousand  dollars  ($402,797,000), or so much thereof as shall be
 necessary, and in addition to amounts previously appropriated by law, is
 hereby made available, in accordance with subdivision 1 of  section  380
 of  the  public  authorities  law as amended, according to the following
 schedule.  Payments pursuant to subdivision (a) of this section shall be
 made available as moneys become available for  such  payments.  Payments
 pursuant  to  subdivisions  (b)  and  (c)  of this section shall be made
 available on the fifteenth day of June, September, December and March or
 as soon thereafter as moneys become  available  for  such  payments.  No
 moneys  of  the state in the state treasury or any of its funds shall be
 available for payments pursuant to this section:

 SCHEDULE
 (a) Thirty-nine million seven hundred thousand  dollars  ($39,700,000)
 to municipalities for repayment of eligible costs of federal aid munici
 pal street and highway projects pursuant to section 15 of chapter 329 of
 the  laws  of  1991, as added by section 9 of chapter 330 of the laws of
 1991, as amended. The department of transportation  shall  provide  such
 information  to  the  municipalities as may be necessary to maintain the
 federal tax exempt status of any  bonds,  notes,  or  other  obligations
 issued  by  such  municipalities to provide for the non-federal share of
 the cost of projects pursuant to chapter 330 of  the  laws  of  1991  or
 section 80-b of the highway law.
 The  program  authorized  pursuant to section 15 of chapter 329 of the
 laws of 1991, as added by section 9 of chapter 330 of the laws of  1991,
 as amended, shall additionally make payments for reimbursement according
 to the following schedule:

 State Fiscal Year        Amount
 2012-13                  $39,700,000
 (b)   Three  hundred  four  million  three  hundred  thousand  dollars
 ($304,300,000) to counties, cities, towns and villages for reimbursement
 of eligible costs of local  highway  and  bridge  projects  pursuant  to
 sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
 section 9 of chapter 330 of the  laws  of  1991,  as  amended.  For  the
 purposes of computing allocations to municipalities, the amount distrib
 uted  pursuant to section 16 of chapter 329 of the laws of 1991 shall be
 deemed to be $121,520,000.  The amount distributed pursuant  to  section
 16-a  of  chapter  329  of  the  laws  of  1991  shall  be  deemed to be
 $182,780,000.  Notwithstanding the provisions of any general or  special
 law,  the  amounts  deemed  distributed in accordance with section 16 of
 chapter 329 of the laws of 1991 shall be adjusted so that  such  amounts
 will  not  be less than 83.807 percent of the "funding level" as defined
 
       A. 9058--C                          4
 in subdivision 5 of section 10-c of the highway law for each such  muni
 cipality.  In  order  to achieve the objectives of section 16 of chapter
 329 of the laws of 1991, to the extent necessary, the amounts in  excess
 of  83.807 percent of the funding level to be deemed distributed to each
 municipality under this subdivision shall be reduced  in  equal  propor
 tion.
 (c)  Fifty-eight  million  seven hundred ninety-seven thousand dollars
 ($58,797,000) to municipalities for reimbursement of eligible  costs  of
 local  highway  and  bridge projects pursuant to sections 16 and 16-a of
 chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
 the laws of 1991, as amended. For the purposes of computing  allocations
 to  municipalities,  the  amount  distributed  pursuant to section 16 of
 chapter 329 of the laws of 1991 shall be deemed to be  $23,480,000.  The
 amount  distributed  pursuant to section 16-a of chapter 329 of the laws
 of  1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding   the
 provisions of any general or special law, the amounts deemed distributed
 in  accordance  with section 16 of chapter 329 of the laws of 1991 shall
 be adjusted so that such amounts will not be less than 16.193 percent of
 the "funding level" as defined in subdivision 5 of section 10-c  of  the
 highway  law  for each such municipality. In order to achieve the objec
 tives of section 16 of chapter 329 of the laws of 1991,  to  the  extent
 necessary,  the amounts in excess of 16.193 percent of the funding level
 to be deemed distributed to each  municipality  under  this  subdivision
 shall  be  reduced  in equal proportion. To the extent that the total of
 remaining payment allocations calculated herein varies from $58,797,000,
 the payment amounts to each locality shall  be  adjusted  by  a  uniform
 percentage so that the total payments equal $58,797,000.
 The program authorized pursuant to sections 16 and 16-a of chapter 329
 of the laws of 1991, as added by section 9 of chapter 330 of the laws of
 1991,  as  amended,  shall  additionally make payments for reimbursement
 according to the following schedule:

 State Fiscal Year        Amount
 2012-13                  $363,097,000
 

S 2. Subdivision (f) of section 16 of chapter 329 of the laws of 1991,
 amending the state finance law and other laws relating to the establish
 ment of the dedicated highway and bridge trust fund, as added by section
 2 of part A of chapter 60 of the laws of 2011, is  amended  to  read  as
 follows:

 (f)  For purposes of this section and section 10-c of the highway law,
 for projects completed on or before March 31, [2012] 2013 local  highway
 and  bridge  projects  may  also  include  the following work types: (1)
 microsurfacing, (2) paver placed surface treatment,  (3)  single  course
 surface treatment involving chip seals and oil and stone, and (4) double
 course  surface treatment involving chip seals and oil and stone, howev
 er, no reimbursement shall be made for  (1)  microsurfacing,  (2)  paver
 placed  surface treatment, (3) single course surface treatment involving
 chip seals and oil and stone, and (4) double  course  surface  treatment
 involving  chip  seals  and  oil  and stone after March 31, [2012] 2013.
 Reimbursement for projects using these treatments may be made  from  the
 proceeds  of  bonds,  notes  or other obligations issued by the New York
 state thruway authority pursuant to section 380 of the  public  authori
 ties law or otherwise as determined by the director of the budget.
 

S  3.  Subdivision  (f)  of section 16-a of chapter 329 of the laws of
 1991, amending the state finance law and  other  laws  relating  to  the
 establishment  of  the dedicated highway and bridge trust fund, as added
 
       A. 9058--C                          5
 by section 3 of part A of chapter 60 of the laws of 2011, is amended  to
 read as follows:

 (f)  For purposes of this section and section 10-c of the highway law,
 for projects completed on or before March 31, [2012] 2013 local  highway
 and  bridge  projects  may  also  include  the following work types: (1)
 microsurfacing, (2) paver placed surface treatment,  (3)  single  course
 surface treatment involving chip seals and oil and stone, and (4) double
 course  surface treatment involving chip seals and oil and stone, howev
 er, no reimbursement shall be made for  (1)  microsurfacing,  (2)  paver
 placed  surface treatment, (3) single course surface treatment involving
 chip seals and oil and stone, and (4) double  course  surface  treatment
 involving  chip  seals  and  oil  and stone after March 31, [2012] 2013.
 Reimbursement for projects using these treatments may be made  from  the
 proceeds  of  bonds,  notes  or other obligations issued by the New York
 state thruway authority pursuant to section 380 of the  public  authori
 ties law or otherwise as determined by the director of the budget.
 

S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
 amending the state finance law and other laws relating to the establish
 ment  of  the  dedicated  highway  and  bridge trust fund, as amended by
 section 4 of part A of chapter 60 of the laws of  2011,  is  amended  to
 read as follows:

 (d) Any such service contract (i) shall provide that the obligation of
 the  director  of  the budget or the state to fund or to pay the amounts
 therein provided for shall not constitute a debt of the state within the
 meaning of any constitutional or statutory provisions in the  event  the
 thruway  authority assigns or pledges service contract payments as secu
 rity for its bonds or notes, (ii) shall be deemed executory only to  the
 extent  moneys  are available and that no liability shall be incurred by
 the state beyond the moneys available for the  purpose,  and  that  such
 obligation  is  subject  to annual appropriation by the legislature, and
 (iii) shall provide that no funds  shall  be  made  available  from  the
 proceeds  of  bonds  or notes issued pursuant to this chapter unless the
 commissioner of transportation has certified  to  the  chairman  of  the
 thruway  authority  that  such  funds  shall be used exclusively for the
 purposes  authorized  by  subdivision  (a)  of  this   section,   and/or
 construction,  reconstruction  or improvement of local highways, bridges
 and/or highway-railroad crossings, including right of  way  acquisition,
 preliminary  engineering,  and  construction supervision and inspection,
 where the service life of the project is  at  least  ten  years  or  for
 projects  completed on or before March 31, [2012] 2013 where the project
 is:  (1) microsurfacing, (2) paver placed surface treatment, (3)  single
 course  surface treatment involving chip seals and oil and stone and (4)
 double course surface treatment involving chip seals and oil and  stone,
 and  unless  the director of the budget has certified to the chairman of
 the thruway authority that a spending plan has  been  submitted  by  the
 commissioner  of transportation and has been approved by the director of
 the budget. No reimbursement shall be made for (1)  microsurfacing,  (2)
 paver  placed  surface  treatment,  (3)  single course surface treatment
 involving chip seals and oil and stone, and (4)  double  course  surface
 treatment  involving chip seals and oil and stone after March 31, [2012]
 2013.
 

S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991,
 amending the state finance law and other laws relating to the establish
 ment of the dedicated highway and  bridge  trust  fund,  as  amended  by
 section  5  of  part  A of chapter 60 of the laws of 2011, is amended to
 read as follows:

 
       A. 9058--C                          6
 (b) Each county, city, town and village shall certify to  the  commis
 sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
 construction, reconstruction or improvement of local  highways,  bridges
 and/or  highway-railroad  crossings, including right of way acquisition,
 preliminary  engineering,  and  construction  supervision and inspection
 where the service life of the project is  at  least  ten  years  or  for
 projects  completed on or before March 31, [2012] 2013 where the project
 is: (1) microsurfacing, (2) paver placed surface treatment,  (3)  single
 course  surface treatment involving chip seals and oil and stone and (4)
 double course surface treatment involving chip seals and oil and  stone.
 No  reimbursement shall be made for (1) microsurfacing, (2) paver placed
 surface treatment, (3) single course surface  treatment  involving  chip
 seals and oil and stone, and (4) double course surface treatment involv
 ing  chip  seals  and  oil  and stone after March 31, [2012] 2013.  Such
 certification shall include any such information as may be necessary  to
 maintain  the  federal  tax exempt status of bonds, notes or other obli
 gations issued by the New  York  state  thruway  authority  pursuant  to
 section 380 of the public authorities law. The commissioner of transpor
 tation  shall  in  writing  request  the  municipalities to furnish such
 information as may be necessary to comply with this section.
 

S 6. Subdivision (b) of section 16-a of chapter 329  of  the  laws  of
 1991,  amending  the  state  finance  law and other laws relating to the
 establishment of the dedicated highway and bridge trust fund, as amended
 by section 6 of part A of chapter 60 of the laws of 2011, is amended  to
 read as follows:

 (b)  Each  county, city, town and village shall certify to the commis
 sioner  of  transportation  that  amounts  to  be  reimbursed  are   for
 construction,  reconstruction  or improvement of local highways, bridges
 and/or highway-railroad crossings, including right of  way  acquisition,
 preliminary  engineering,  and  construction  supervision and inspection
 where the service life of the project is  at  least  ten  years  or  for
 projects  completed on or before March 31, [2012] 2013 where the project
 is: (1) microsurfacing, (2) paver placed surface treatment,  (3)  single
 course  surface treatment involving chip seals and oil and stone and (4)
 double course surface treatment involving chip seals and oil and  stone.
 No  reimbursement shall be made for (1) microsurfacing, (2) paver placed
 surface treatment, (3) single course surface  treatment  involving  chip
 seals and oil and stone, and (4) double course surface treatment involv
 ing  chip  seals  and  oil  and stone after March 31, [2012] 2013.  Such
 certification shall include any such information as may be necessary  to
 maintain  the  federal  tax exempt status of bonds, notes or other obli
 gations issued by the New  York  state  thruway  authority  pursuant  to
 section  380  of  the  public authorities law. The commissioner shall in
 writing request the municipalities to furnish such information as may be
 necessary to comply with this section.
 

S 7. 

Section 7 of part A of chapter 60 of the laws of 2011, authoriz
 ing funding for the Consolidated Local Street  and  Highway  Improvement
 Program  (CHIPS) and Marchiselli program for state fiscal year 2011-2012
 and amending chapter 329 of the laws of 1991, amending the state finance
 law and other laws relating to the establishment of the dedicated  high
 way and bridge trust fund, is amended to read as follows:

 

S  7.  This act shall take effect immediately; provided, however, that
 sections two, three, four, five and six of this act shall expire and  be
 deemed repealed on April 1, [2012] 2013.
 

S  8.  This act shall take effect immediately; provided, however, that
 the amendments to subdivisions (f) and (b) of section 16 of chapter  329
 
       A. 9058--C                          7
 of  the  laws of 1991 made by sections two and five of this act, respec
 tively, shall not affect the repeal of such subdivisions  and  shall  be
 deemed  repealed  therewith;  provided,  further, that the amendments to
 subdivisions  (f)  and (b) of section 16-a of chapter 329 of the laws of
 1991 made by sections three and six of this act, respectively, shall not
 affect the repeal of such subdivisions  and  shall  be  deemed  repealed
 therewith; and provided, further, that the amendments to subdivision (d)
 of section 11 of chapter 329 of the laws of 1991 made by section four of
 this  act  shall  not affect the repeal of such subdivision and shall be
 deemed repealed therewith.
 PART B
 

Section 1.

Section 326 of the highway law, as amended by chapter  1110
 of the laws of 1971, is amended to read as follows:

 

S 326. Penalties, how recovered. All penalties or forfeitures given in
 this  chapter, and not otherwise specially provided for, shall be recov
 ered by the town superintendent, in the name of the town  in  which  the
 offense shall be committed; and when recovered, shall be applied by them
 in  improving  the highways and bridges in such town, except that if the
 offense occurs on any highway included in the systems defined by section
 three hundred forty-one of this chapter, such penalties  or  forfeitures
 may  be  recovered  by  the  commissioner of transportation and where so
 recovered shall be [paid to the state treasurer to  the  credit  of  the
 fund  available for the maintenance and repair of state highways] DEPOS
 ITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND  PAYMENT
 ACCOUNT  OF  THE  DEDICATED  HIGHWAY  AND  BRIDGE TRUST FUND ESTABLISHED
 PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
 

S 2. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
 finance law, as amended by section 2 of chapter 165 of the laws of 2008,
 is amended to read as follows:

 (a)  The  special obligation reserve and payment account shall consist
 (i) of all moneys required to be deposited in the dedicated highway  and
 bridge  trust  fund  pursuant  to the provisions of sections two hundred
 five, two hundred  eighty-nine-e,  three  hundred  one-j,  five  hundred
 fifteen  and  eleven  hundred  sixty-seven  of the tax law, section four
 hundred one of the vehicle and traffic law, and  section  thirty-one  of
 chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
 fees, fines or penalties collected by the commissioner of transportation
 pursuant  to  section  fifty-two,  SECTION THREE HUNDRED TWENTY-SIX, and
 subdivisions five, eight and twelve of section eighty-eight of the high
 way law, subdivision fifteen of section three hundred eighty-five of the
 vehicle and traffic law, section two of the chapter of the laws  of  two
 thousand  three  that amended this paragraph, subdivision (d) of section
 three hundred four-a, paragraph one of subdivision (a)  and  subdivision
 (d)  of  section  three  hundred five, subdivision six-a of section four
 hundred fifteen and subdivision (g) of section twenty-one hundred  twen
 ty-five of the vehicle and traffic law, section fifteen of this chapter,
 excepting  moneys  deposited  with  the  state on account of betterments
 performed pursuant to subdivision twenty-seven  or  subdivision  thirty
 five  of  section  ten of the highway law, (iii) any moneys collected by
 the department of  transportation  for  services  provided  pursuant  to
 agreements  entered into in accordance with section ninety-nine-r of the
 general municipal law, and (iv) any other moneys collected  therefor  or
 credited or transferred thereto from any other fund, account or source.
 
       A. 9058--C                          8
 

S  3.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
 finance law, as amended by section 3 of chapter 165 of the laws of 2008,
 is amended to read as follows:

 (a)  The  special obligation reserve and payment account shall consist
 (i) of all moneys required to be deposited in the dedicated highway  and
 bridge  trust  fund  pursuant  to the provisions of sections two hundred
 eighty-nine-e, three hundred one-j,  five  hundred  fifteen  and  eleven
 hundred  sixty-seven  of  the  tax  law, section four hundred one of the
 vehicle and traffic law, and section thirty-one of chapter fifty-six  of
 the  laws  of  nineteen  hundred  ninety-three,  (ii) all fees, fines or
 penalties collected by the commissioner of  transportation  pursuant  to
 section  fifty-two,  SECTION  THREE HUNDRED TWENTY-SIX, and subdivisions
 five, eight and twelve of  section  eighty-eight  of  the  highway  law,
 subdivision  fifteen of section three hundred eighty-five of the vehicle
 and traffic law, section  fifteen  of  this  chapter,  excepting  moneys
 deposited with the state on account of betterments performed pursuant to
 subdivision  twenty-seven  or  subdivision thirty-five of section ten of
 the highway law, (iii) any moneys collected by the department of  trans
 portation  for  services provided pursuant to agreements entered into in
 accordance with section ninety-nine-r of the general municipal law,  and
 (iv)  any  other  moneys  collected  therefor or credited or transferred
 thereto from any other fund, account or source.
 

S 4. This act shall take effect immediately, and shall  be  deemed  to
 have  been  in  full  force  and  effect on and after April 1, 2012; and
 provided, however, that the amendments to paragraph (a) of subdivision 3
 of section 89-b of the state finance law made by section two of this act
 shall be subject to the  expiration  and  reversion  of  such  paragraph
 pursuant to section 13 of part U-1 of chapter 62 of the laws of 2003, as
 amended, when upon such date the provisions of section three of this act
 shall take effect.
 PART C
 Intentionally omitted
 PART D
 

Section  1.  Subdivision  1  of section 502 of the vehicle and traffic
 law, as amended by section 2 of part CC of chapter 58  of  the  laws  of
 2011, is amended to read as follows:

 1.  Application  for license. Application for a driver's license shall
 be made to the commissioner. The fee prescribed by law may be  submitted
 with such application. The applicant shall furnish such proof of identi
 ty, age, and fitness as may be required by the commissioner. The commis
 sioner may also provide that the application procedure shall include the
 taking  of  a  photo image or images of the applicant in accordance with
 rules and regulations prescribed by the commissioner. In  addition,  the
 commissioner  also  shall  require that the applicant provide his or her
 social security number and provide space on the application so that  the
 applicant  may  register  in  the  New York state organ and tissue donor
 registry under section forty-three hundred ten of the public health law.
 In addition, an applicant for a commercial  driver's  license  who  will
 operate  a commercial motor vehicle in interstate commerce shall certify
 that such applicant meets the requirements to operate a commercial motor
 vehicle, as set forth in public law 99-570, title XII, and title  49  of
 the  code of federal regulations, and all regulations promulgated by the
 
       A. 9058--C                          9
 United States secretary of transportation under the hazardous  materials
 transportation  act. In addition, an applicant for a commercial driver's
 license shall submit a medical certificate at such intervals as required
 by  the  federal  motor  carrier safety improvement act of 1999 and Part
 383.71(h) of title 49 of the code of  federal  regulations  relating  to
 medical  certification  and  in a manner prescribed by the commissioner.
 For purposes of this section and sections five hundred three [and], five
 hundred ten-a, AND FIVE HUNDRED TEN-AA of this title, the  [term]  TERMS
 "medical  certificate"  AND  "MEDICAL  CERTIFICATION"  shall mean a form
 substantially in compliance with the form set forth in Part 391.43(h) of
 title 49 of the code of federal regulations. Upon a  determination  that
 the  holder  of  a commercial driver's license has made any false state
 ment, with respect to the application for such license, the commissioner
 shall revoke such license.
 

S 2. Paragraph (b) of subdivision 1 of section 503 of the vehicle  and
 traffic  law,  as  amended  by section 3 of part CC of chapter 58 of the
 laws of 2011, is amended to read as follows:

 (b) An application for a license shall be valid for a period  of  time
 specified  by regulation of the commissioner not to exceed five years. A
 learner's permit shall be valid from its issuance until  the  expiration
 of  the  application  for  a  driver's  license for which it was issued.
 Provided, however, that [if the medical certificate submitted in accord-
 ance with the requirements of the federal motor carrier safety  improve-
 ment  act  of 1999 and Part 383.71(h) of title 49 of the code of federal
 regulations by an applicant for a commercial driver's  license  expires,
 any]  A learner's permit [that may have been] issued by the commissioner
 in connection with  [the]  AN  application  FOR  A  COMMERCIAL  DRIVER'S
 LICENSE shall be [suspended] CANCELLED AND RECORDED WITHIN SIXTY DAYS OF
 THE HOLDER'S MEDICAL CERTIFICATION STATUS BECOMING "NOT-CERTIFIED" BASED
 UPON:  (I)  THE  EXPIRATION  OF  THE  HOLDER'S  MEDICAL CERTIFICATION OR
 MEDICAL VARIANCE DOCUMENTATION REQUIRED BY  THE  FEDERAL  MOTOR  CARRIER
 SAFETY  IMPROVEMENT  ACT  OF  1999 AND PART 383.71(H) OF TITLE 49 OF THE
 CODE OF FEDERAL REGULATIONS; (II) THE HOLDER'S FAILURE  TO  SUBMIT  SUCH
 MEDICAL  CERTIFICATION  OR MEDICAL VARIANCE DOCUMENTATION AT SUCH INTER
 VALS AS REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT  OF
 1999  AND  PART 373.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS
 AND IN A MANNER PRESCRIBED BY THE COMMISSIONER; OR (III) THE RECEIPT  BY
 THE COMMISSIONER OF INFORMATION FROM THE ISSUING MEDICAL EXAMINER OR THE
 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION THAT A MEDICAL CERTIFICATION
 OR  MEDICAL  VARIANCE WAS ISSUED IN ERROR OR RESCINDED. THE COMMISSIONER
 SHALL, UPON A HOLDER'S STATUS BECOMING "NOT-CERTIFIED", NOTIFY THE HOLD
 ER OF SUCH LEARNER'S PERMIT ISSUED IN CONNECTION WITH A COMMERCIAL DRIV
 ER'S LICENSE APPLICATION BY FIRST CLASS MAIL  TO  THE  ADDRESS  OF  SUCH
 PERSON ON FILE WITH THE DEPARTMENT OR AT THE CURRENT ADDRESS PROVIDED BY
 THE  UNITED  STATES POSTAL SERVICE OF HIS OR HER "NOT-CERTIFIED" MEDICAL
 CERTIFICATION STATUS AND THAT THE COMMERCIAL MOTOR VEHICLE PRIVILEGES OF
 SUCH LEARNER'S PERMIT WILL BE CANCELLED  UNLESS  HE  OR  SHE  SUBMITS  A
 CURRENT  MEDICAL  CERTIFICATE AND/OR MEDICAL VARIANCE IN ACCORDANCE WITH
 PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS OR CHANGES
 HIS OR HER SELF-CERTIFICATION TO DRIVING ONLY IN EXCEPTED OR  INTRASTATE
 COMMERCE  IN  ACCORDANCE WITH PART 383.71(B)(II)(B), (C) OR (D) OF TITLE
 49 OF THE CODE OF FEDERAL REGULATIONS.
 

S 3. Paragraph (f) of subdivision 3 of section 510-a  of  the  vehicle
 and traffic law is REPEALED.
 

S  4.  The  vehicle and traffic law is amended by adding a new section
 510-aa to read as follows:

 
       A. 9058--C                         10
 

S 510-AA. DOWNGRADE OF  COMMERCIAL  DRIVER'S  LICENSES.  A  COMMERCIAL
 DRIVER'S  LICENSE  SHALL  BE  DOWNGRADED  TO  A  NON-COMMERCIAL DRIVER'S
 LICENSE AND RECORDED BY THE COMMISSIONER WITHIN SIXTY DAYS OF THE  HOLD
 ER'S  MEDICAL  CERTIFICATION  STATUS BECOMING "NOT-CERTIFIED" BASED UPON
 THE EXPIRATION OF THE HOLDER'S MEDICAL CERTIFICATION OR MEDICAL VARIANCE
 DOCUMENTATION  REQUIRED  BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT
 ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL  REGU
 LATIONS,  OR  UPON  THE  HOLDER'S FAILURE TO SUBMIT SUCH MEDICAL CERTIF
 ICATION OR MEDICAL VARIANCE DOCUMENTATION AT SUCH INTERVALS AS  REQUIRED
 BY  THE  FEDERAL  MOTOR  CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART
 373.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS AND IN A MANNER
 PRESCRIBED BY THE COMMISSIONER. A COMMERCIAL DRIVER'S LICENSE SHALL ALSO
 BE DOWNGRADED TO A NON-COMMERCIAL DRIVER'S LICENSE BY  THE  COMMISSIONER
 WITHIN  SIXTY DAYS OF THE HOLDER'S MEDICAL CERTIFICATION STATUS BECOMING
 "NOT-CERTIFIED" BASED UPON  RECEIPT  OF  INFORMATION  FROM  THE  ISSUING
 MEDICAL EXAMINER OR THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION THAT
 A  MEDICAL  CERTIFICATION  OR  MEDICAL  VARIANCE  WAS ISSUED IN ERROR OR
 RESCINDED. SUCH DOWNGRADE SHALL BE TERMINATED, AND THE COMMERCIAL  DRIV
 ER'S LICENSE RESTORED, UPON: (1) THE HOLDER'S SUBMISSION OF THE REQUIRED
 VALID  MEDICAL EXAMINER'S CERTIFICATE OR MEDICAL VARIANCE DOCUMENTATION;
 OR (2) THE HOLDER'S SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL
 MOTOR VEHICLE OPERATION HE OR SHE ENGAGES, OR EXPECTS TO ENGAGE IN,  AND
 THAT  THE  HOLDER IS THEREFORE NOT SUBJECT TO THE PHYSICAL QUALIFICATION
 REQUIREMENTS OF THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999
 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.   THE
 COMMISSIONER  SHALL,  UPON  A  HOLDER'S STATUS BECOMING "NOT-CERTIFIED",
 NOTIFY THE HOLDER OF SUCH COMMERCIAL DRIVER'S  LICENSE  BY  FIRST  CLASS
 MAIL TO THE ADDRESS OF SUCH PERSON ON FILE WITH THE DEPARTMENT OR AT THE
 CURRENT  ADDRESS  PROVIDED BY THE UNITED STATES POSTAL SERVICE OF HIS OR
 HER "NOT-CERTIFIED" MEDICAL CERTIFICATION STATUS AND  THAT  HIS  OR  HER
 COMMERCIAL DRIVER'S LICENSE WILL BE DOWNGRADED TO A NON-COMMERCIAL DRIV
 ER'S  LICENSE  UNLESS  HE  OR  SHE SUBMITS A CURRENT MEDICAL CERTIFICATE
 AND/OR MEDICAL VARIANCE IN ACCORDANCE WITH PART 383.71(H) OF TITLE 49 OF
 THE CODE OF FEDERAL REGULATIONS OR CHANGES HIS OR HER SELF-CERTIFICATION
 TO DRIVING ONLY IN EXCEPTED OR INTRASTATE COMMERCE  IN  ACCORDANCE  WITH
 PART  383.71(B)(II)(B),  (C)  OR  (D) OF TITLE 49 OF THE CODE OF FEDERAL
 REGULATIONS.
 

S 5.

Section 509 of the vehicle and traffic law is amended by adding a
 new subdivision 7-a to read as follows:

 7-A. NO PERSON SHALL OPERATE A COMMERCIAL MOTOR VEHICLE WHILE  KNOWING
 OR  HAVING  REASON TO KNOW THAT HE OR SHE IS NOT MEDICALLY CERTIFIED, AS
 REQUIRED, IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER  SAFETY  IMPROVE
 MENT  ACT  OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL
 REGULATIONS.
 

S 6. This act shall take effect immediately; provided,  however,  that
 section  five of this act shall take effect on the sixtieth day after it
 shall have become a law.
 PART E
 

Section 1. Subdivision 12 of section 1269 of  the  public  authorities
 law,  as  amended  by  section 1 of part NN of chapter 59 of the laws of
 2010, is amended to read as follows:

 12. The aggregate principal amount of  bonds,  notes  or  other  obli
 gations  issued after the first day of January, nineteen hundred ninety
 three by the authority, the Triborough bridge and tunnel  authority  and
 
       A. 9058--C                         11
 the  New York city transit authority to fund projects contained in capi
 tal program plans approved pursuant to  section  twelve  hundred  sixty
 nine-b  of  this [article] TITLE for the period nineteen hundred ninety
 two  through  two  thousand  fourteen  shall  not  exceed  [thirty-four]
 FORTY-ONE billion eight  hundred  seventy-seven  million  dollars.  Such
 aggregate  principal  amount of bonds, notes or other obligations or the
 expenditure thereof shall not be subject to any limitation contained  in
 any  other  provision  of law on the principal amount of bonds, notes or
 other obligations or the expenditure thereof applicable to the  authori
 ty,  the  Triborough  bridge  and  tunnel authority or the New York city
 transit authority. The aggregate limitation established by this subdivi
 sion shall not include (i)  obligations  issued  to  refund,  redeem  or
 otherwise  repay,  including by purchase or tender, obligations thereto
 fore issued either by the issuer of such refunding obligations or by the
 authority, the New York city transit authority or the Triborough  bridge
 and  tunnel  authority, (ii) obligations issued to fund any debt service
 or other reserve funds for such obligations, (iii) obligations issued or
 incurred to fund the costs of issuance, the payment of amounts  required
 under  bond  and  note  facilities, federal or other governmental loans,
 security or credit arrangements or other agreements related thereto  and
 the  payment  of  other financing and related costs associated with such
 obligations, (iv) an amount equal to any original  issue  discount  from
 the  principal  amount of such obligations or to fund capitalized inter
 est, (v) obligations incurred pursuant to section twelve hundred seven-m
 of this article, (vi) obligations incurred to fund  the  acquisition  of
 certain buses for the New York city transit authority as identified in a
 capital  program  plan  approved  pursuant to chapter fifty-three of the
 laws of nineteen  hundred  ninety-two,  (vii)  obligations  incurred  in
 connection  with  the leasing, selling or transferring of equipment, and
 (viii) bond anticipation notes or other obligations payable solely  from
 the  proceeds  of other bonds, notes or other obligations which would be
 included in the  aggregate  principal  amount  specified  in  the  first
 sentence  of  this  subdivision,  whether or not additionally secured by
 revenues of the authority, or any of its  subsidiary  corporations,  New
 York  city  transit authority, or any of its subsidiary corporations, or
 Triborough bridge and tunnel authority.
 

S 2. This act shall take effect immediately.
 PART F
 Intentionally omitted
 PART G
 

Section 1. 

Section 2 of the transportation law is amended  by  adding
 three new subdivisions 4-a, 23-a and 23-b to read as follows:

 4-A.  "COMMERCIAL  MOTOR  VEHICLE"  MEANS  ANY SELF-PROPELLED OR TOWED
 MOTOR VEHICLE USED ON A HIGHWAY IN INTRASTATE,  INTERSTATE  OR  INTERNA
 TIONAL COMMERCE TO TRANSPORT PASSENGERS OR PROPERTY WHEN THE VEHICLE (A)
 HAS  A  GROSS  VEHICLE  WEIGHT RATING OR GROSS COMBINATION WEIGHT OF TEN
 THOUSAND ONE POUNDS OR MORE, WHICHEVER IS GREATER; OR (B) IS DESIGNED OR
 USED TO TRANSPORT MORE THAN EIGHT PASSENGERS INCLUDING  THE  DRIVER  FOR
 COMPENSATION;  OR (C) IS DESIGNED OR USED TO TRANSPORT MORE THAN FIFTEEN
 PASSENGERS INCLUDING THE DRIVER AND IS NOT USED TO TRANSPORT  PASSENGERS
 FOR  COMPENSATION;  OR (D) IS USED IN TRANSPORTING MATERIAL FOUND BY THE
 UNITED STATES SECRETARY OF TRANSPORTATION TO BE HAZARDOUS UNDER  SECTION
 
       A. 9058--C                         12
 5103 OF TITLE 49 OF THE UNITED STATES CODE AND TRANSPORTED IN A QUANTITY
 REQUIRING  PLACARDING  UNDER  REGULATIONS  PRESCRIBED  BY SUCH SECRETARY
 UNDER SUBTITLE B, CHAPTER I, SUBCHAPTER C OF TITLE 49  OF  THE  CODE  OF
 FEDERAL REGULATIONS.
 23-A. "PRIVATE CARRIER OF PASSENGER BY MOTOR VEHICLE" MEANS ANY PERSON
 THAT TRANSPORTS PASSENGERS BY COMMERCIAL MOTOR VEHICLE WHICH IS PROVIDED
 IN  THE  FURTHERANCE  OF  A  COMMERCIAL  ENTERPRISE AND WHICH IS NOT FOR
 COMPENSATION AND IS NOT AVAILABLE TO THE PUBLIC AT LARGE, IN INTRASTATE,
 INTERSTATE OR INTERNATIONAL COMMERCE.
 23-B. "PRIVATE MOTOR CARRIER" MEANS ANY PERSON WHO PROVIDES  TRANSPOR
 TATION OF PROPERTY OR PASSENGERS BY COMMERCIAL MOTOR VEHICLE FOR A BUSI
 NESS  PURPOSE  AND  IS NOT A COMMON OR CONTRACT CARRIER OF PASSENGERS OR
 PROPERTY BY MOTOR VEHICLE.
 

S 2.

Section 140 of the transportation law is amended by adding a  new
 subdivision 10 to read as follows:

 10.  FOR PURPOSES OF THIS SECTION, THE TERMS "EMPLOYEE" AND "EMPLOYER"
 SHALL HAVE THE SAME MEANINGS AS SUCH TERMS ARE DEFINED BY SECTION  390.5
 OF  TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AS SUCH REGULATIONS ARE
 AMENDED FROM TIME TO TIME.
 

S 3.  Subdivision 1 of section 140 of the transportation law, as added
 by chapter 635 of the laws of 1983, is amended to read as follows:

 1. Every common [and], contract AND PRIVATE carrier  of  passenger  by
 motor  vehicle  INVOLVED  IN  INTERSTATE,  INTRASTATE,  OR INTERNATIONAL
 COMMERCE DOMICILED IN NEW YORK shall furnish and  provide  with  respect
 thereto  such  service and facilities as shall be safe and adequate. Any
 such carrier shall give immediate notice to the  commissioner  of  every
 accident to which it shall, in the course of its operations, have been a
 party.
 

S  4. Subparagraph (ii) of paragraph a of subdivision 2 of section 140
 of the transportation law, as amended by chapter  602  of  the  laws  of
 1985, is amended to read as follows:

 (ii) All MOTOR CARRIERS, PRIVATE MOTOR CARRIERS, EMPLOYEES AND COMMER
 CIAL  motor vehicles [operated pursuant to or requiring a certificate or
 permit for the transportation of passengers or property from the  inter-
 state  commerce  commission or the commissioner] THAT TRANSPORT PROPERTY
 OR PASSENGERS IN INTRASTATE, INTERSTATE, OR INTERNATIONAL COMMERCE.
 

S 5. Paragraphs b and c of subdivision 2 of section 140 of the  trans
 portation law, paragraph b as amended by chapter 173 of the laws of 1990
 and  paragraph  c  as  amended  by  chapter 602 of the laws of 1985, are
 amended to read as follows:

 b. [In addition to those vehicles operated pursuant to or requiring  a
 certificate  or  a  permit  for  the transportation of property from the
 interstate commerce commission or  the  commissioner  as  set  forth  in
 subparagraph  (ii)  of paragraph a of this subdivision, the commissioner
 shall have the power to adopt rules and regulations governing the safety
 of operation of other motor vehicles operated for the commercial  trans-
 portation of property.
 c.]  The  department shall have the power to examine vehicles, facili
 ties and records subject to the provisions of this subdivision,  at  any
 time and place where they are found, to ascertain whether such rules and
 regulations  are  being obeyed. The rules and regulations of the commis
 sioner shall provide for the inspection of all such vehicles, FACILITIES
 AND RECORDS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, at such peri
 ods and at such  manner  as  the  commissioner  may  direct,  and,  when
 adopted, shall have the full force and effect of law.
 
       A. 9058--C                         13
 

S 6. Paragraph d of subdivision 2 of section 140 of the transportation
 law is relettered paragraph c and subparagraph (i) of such paragraph, as
 added by chapter 173 of the laws of 1990, is amended to read as follows:

 (i)  No  MOTOR  CARRIER, PRIVATE MOTOR CARRIER, EMPLOYEE OR COMMERCIAL
 motor vehicle [operated pursuant to or  requiring  a  certificate  or  a
 permit  for  the transportation of property from the interstate commerce
 commission or the commissioner and no motor  vehicle  operated  for  the
 commercial  transportation  of  property]  THAT  TRANSPORTS  PROPERTY OR
 PASSENGERS IN INTRASTATE, INTERSTATE, OR  INTERNATIONAL  COMMERCE  shall
 [be  operated]  OPERATE  in  this  state unless [it] SUCH MOTOR CARRIER,
 PRIVATE MOTOR CARRIER,  EMPLOYEE  OR  COMMERCIAL  MOTOR  VEHICLE  is  in
 compliance with the department's safety rules and regulations.
 

S  7.  Subdivisions  4 and 5 of section 140 of the transportation law,
 subdivision 4 as added by chapter 635 of the laws of 1983  and  subdivi
 sion  5  as  amended  by chapter 731 of the laws of 1988, are amended to
 read as follows:

 4. Each motor vehicle  engaged  in  the  interstate  OR  INTERNATIONAL
 transportation  of passengers operated within the state shall be subject
 to subdivision three of this section as to the display of  the  name  of
 the  operator  thereof,  and of such certificate of inspection as to the
 safety of its appliances, equipment and  mechanical  operation,  as  the
 commissioner  may,  by rules and regulations require. In respect to such
 motor vehicle, the commissioner may, in lieu of  a  certificate  of  the
 commissioner,  authorize  the  display  of  a  certificate of inspection
 issued within a period of six months last  preceding,  by  a  regulatory
 body  of another state, or a province of Canada, having safety standards
 determined by the commissioner not to be substantially lower than  those
 prescribed  by the commissioner. The rules and regulations to be adopted
 under this subdivision shall insofar as practicable be uniform  and  the
 provisions  of  the vehicle and traffic law so far as applicable and not
 in conflict with the provisions of this subdivision, shall  continue  to
 apply to all such motor vehicles.
 5.  No  motor  vehicle  with  a  seating  capacity of more than eleven
 passengers manufactured after December  thirty-first,  nineteen  hundred
 seventy-five,  used  in the business of transporting school children for
 hire or used for the transportation of  school  children,  owned  and/or
 operated by school districts or by any public or private school shall be
 operated  within  the  state,  unless each seat, other than the driver's
 seat, on such vehicle is equipped with a padded back  at  least  twenty
 eight  inches  in  height  of  a  type and specification approved by the
 commissioner. Any person who operates a motor vehicle  in  violation  of
 the  requirement  for  such  seat  backs shall be guilty of a violation,
 punishable by a fine not exceeding one hundred dollars.  The  provisions
 of  this subdivision shall not apply to any bus used for the transporta
 tion of pupils, teachers and  other  persons  acting  in  a  supervisory
 capacity to and from school activities and which bus does not receive or
 discharge passengers on or along the public highways on regularly sched
 uled routes and which is being operated pursuant to [a permit or certif-
 icate  of public convenience and necessity] FOR-HIRE OPERATING AUTHORITY
 issued by the commissioner or by the  [interstate  commerce  commission]
 UNITED STATES DEPARTMENT OF TRANSPORTATION. School buses manufactured or
 assembled  prior  to April first, nineteen hundred seventy-seven may not
 be used to transport pupils, teachers and  other  persons  acting  in  a
 supervisory capacity to and from school activities.
 
       A. 9058--C                         14
 

S  8.  The closing paragraph of section 151 of the transportation law,
 as added by chapter 635 of the laws of  1983,  is  amended  to  read  as
 follows:

 For the purposes of this article, the term "sedan" or "sedans" as used
 herein  shall  include  private  passenger  automobiles  [larger  than a
 conventional sedan and commonly known as a  limousine],  but  shall  not
 include [vans or buses] COMMERCIAL MOTOR VEHICLES.
 

S  9.

Section 210 of the transportation law, as amended by chapter 488
 of the laws of 1979, is amended to read as follows:

 

S 210. Application of this article. The term "motor truck" as used  in
 this  article  shall  be deemed to mean and include any COMMERCIAL motor
 vehicle held and  used  for  the  transportation  of  goods,  wares  and
 merchandise  for  hire  or for a business purpose, [including such motor
 vehicles commonly known as an auto truck or light delivery car] PURSUANT
 TO THE RULES AND REGULATIONS OF THE COMMISSIONER.  The term "motor  bus"
 as  used in this article shall be deemed to mean and include any COMMER
 CIAL motor vehicle held and used for the  transportation  of  passengers
 for  hire  OR  FOR  A  BUSINESS PURPOSE, PURSUANT TO THE RULES AND REGU
 LATIONS OF THE COMMISSIONER.
 

S 10. 

Section 211 of the transportation law, as  amended  by  chapter
 475 of the laws of 1996, is amended to read as follows:

 

S  211.  General provisions.   No driver of a motor truck or motor bus
 shall drive such vehicle or be on duty for any period of time in  excess
 of  that  authorized  pursuant  to  regulation  of the commissioner. The
 commissioner is hereby authorized to promulgate  rules  and  regulations
 governing  the  hours  of  service  of drivers of motor trucks and motor
 buses. Such rules and regulations shall be no less protective of  public
 safety than the rules and regulations promulgated by the federal govern
 ment  with  respect  to  hours of labor of operation of motor trucks and
 motor buses, provided, however, that with regard  to  drivers  of  motor
 buses [operated exclusively in a town or county or] operated by a public
 transportation authority operating exclusively within its jurisdictional
 area,  the  rules and regulations of the commissioner shall provide that
 no driver of such motor buses shall drive more than twelve hours follow
 ing eight consecutive hours off duty and no driver of such  motor  buses
 shall  drive  for any period after having been on duty for fifteen hours
 following eight consecutive hours off duty  and  every  driver  of  such
 motor  buses  shall have at least twenty-four consecutive hours off duty
 in every period of seven consecutive days and in no event shall  such  a
 driver  be  on  duty  for  more than seventy-five hours in any period of
 seven consecutive days.
 

S 11.

Section 212 of the transportation law, as added by  chapter  342
 of the laws of 1974, subdivision a as amended by chapter 843 of the laws
 of 1980, is amended to read as follows:

 

S 212. Records.  [a.] Every driver of a motor truck or motor bus shall
 keep and carry on the vehicle records showing the day and hour when  and
 the  place  where  he  went  and was released from duty, whether in this
 state or outside of this state. The  commissioner  shall  prescribe  the
 form  of such records and may require such other information to be shown
 thereon as he shall deem advisable to insure the proper  enforcement  of
 this  article.  Such records shall be exhibited to the commissioner, his
 representatives, or to any peace officer, acting pursuant to his special
 duties or police officer who shall demand to see the same and  shall  be
 held  available for further inspection for a period of sixty days within
 the state of New York in an office designated by the owner.  Failure  to
 produce  such  records  upon  demand  shall be presumptive evidence of a
 
       A. 9058--C                         15
 violation of this article relating to keeping such records. In any pros
 ecution for the violation of any of the provisions of this article  such
 records shall be prima facie evidence of the truth of the contents ther
 eof.
 [b.  The  provisions of this article with reference to the carrying of
 records on the vehicle shall not apply to the operation of a  motor  bus
 or  motor  buses operated on fixed schedules, but this shall not relieve
 any corporation, company, association, joint-stock association, partner-
 ship or person engaged in the operation of a motor bus or motor buses on
 fixed schedules from the necessity of keeping such  records  and  having
 them available in an office within the state of New York.]
 

S  12. 

Section 214 of the transportation law, as added by chapter 342
 of the laws of 1974, subdivision b as amended by chapter 367 of the laws
 of 1983 and subdivision d as amended by chapter 302 of the laws of 2005,
 is amended to read as follows:

 

S 214. Exemptions. a. The [provisions of this article shall not  apply
 in  case  of  accident  or act of God, nor when there is delay which was
 caused by the elements, or a cause not known to the driver or  owner  or
 to  his  or  its  officers in charge of such operations at the time that
 such driver left the place where he last went  on  duty  prior  to  such
 delays.
 b.  The requirement in this article that every driver of a motor truck
 or motor bus shall keep and carry on the vehicle records showing the day
 and hour when, and the place where he went or was  released  from  duty,
 shall  not  apply to any driver who drives wholly within a radius of one
 hundred miles of the garage or terminal at which he  reports  for  work,
 provided,  however,  that  such  records  shall  be kept at his place of
 employment.
 c. The] COMMISSIONER SHALL ADOPT RULES  AND  REGULATIONS  ESTABLISHING
 WHEN  THE  PROVISIONS  OF  THIS ARTICLE SHALL NOT APPLY, WHICH RULES AND
 REGULATIONS SHALL CONFORM, AS APPLICABLE, TO PARAGRAPHS (B) THROUGH  (R)
 OF  SECTION 395.1 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS AS SUCH
 REGULATIONS MAY BE AMENDED FROM TIME TO TIME.
 B. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A  OF  THIS  SECTION,
 THE  provisions  of  this article shall not apply to the [operation of a
 motor truck or motor bus while being  operated  exclusively  in  a  city
 and/or  incorporated  village, nor to the] operation of a motor truck IN
 INTRASTATE COMMERCE owned by a farmer and  operated  by  himself  or  an
 employee  when  used  in  the  hauling  of farm, dairy, or horticultural
 products and farm supplies for himself or his farm neighbors to  market,
 creamery,  or  place  of  storage[, nor to the operation of wrecking and
 towing cars], nor to the operation  of  federal  military  vehicles,  by
 members  of the army or air national guard, or by federally paid employ
 ees of the army or air national guard[.
 d. The provisions of this article shall not apply nor shall  hours  of
 service  accrue  to incidental drivers engaged in the actual restoration
 or preservation of electric, water,  telephone,  gas  or  steam  service
 during  an emergency. For a corporation providing electric, water, tele-
 phone, gas or steam service to avail itself of the exemption provided by
 this subdivision such electric, water, telephone, gas  or  steam  corpo-
 ration  shall  have  filed  with the department a plan setting forth the
 procedures such corporation shall follow in emergencies to  assure  that
 no  incidental  driver shall drive if such driver has not had sufficient
 rest necessary to maintain his or  her  ability  to  safely  drive.  The
 exemption  provided by this subdivision shall not apply to an incidental
 driver unless such incidental driver is engaged in the  actual  restora-
 
       A. 9058--C                         16
 tion or preservation of electric, water, telephone, gas or steam service
 during an emergency or such incidental driver shall have had a period of
 rest consisting of at least eight consecutive hours off duty immediately
 upon the conclusion of such incidental driver's engagement in the actual
 restoration  or preservation of electric, water, telephone, gas or steam
 service during the emergency. If an  emergency  extends  for  more  than
 twenty-four  hours,  the electric, water, telephone, gas or steam corpo-
 ration availing itself of the terms of this subdivision shall notify the
 department, in writing, that an emergency exists and the expected  dura-
 tion of the emergency. For the purposes of this subdivision, the follow-
 ing terms shall have the following meanings:
 (1)  "Emergency"  is hereby declared to be any unplanned power outage,
 interruption of service or the imminent risk of such  outage  or  inter-
 ruption  of  service to electric, water, telephone, gas or steam service
 or to transmission or distribution lines, pipes or other related facili-
 ties or any circumstance under which the public safety is at risk;
 (2) "Incidental driver" means an employee, contractor or  contractor's
 employee  of  an  electric,  water,  telephone, gas or steam corporation
 whose primary employment by, or contractual agreement with, such  corpo-
 ration  is  not as a driver of a motor vehicle but who drives only as an
 incidental part of his or her employment or contractual agreement; and
 (3) "Interruption of service" shall mean a loss of service for a peri-
 od of time defined in regulation by the department of public service for
 electric service (as set forth in paragraph (a) of section 97.1 of title
 sixteen of the official compilation of codes, rules and  regulations  of
 the state of New York) and shall, for purposes of this section, apply to
 electric, water, telephone, natural gas and steam service].
 

S  13. Paragraph (a) of subdivision 1 of section 14-f of the transpor
 tation law, as added by chapter 963 of the laws of 1981, subparagraphs 7
 and 8 as amended and subparagraphs 9, 10 and 11 as added by chapter  186
 of  the  laws  of  1987,  subparagraph  9  as amended by chapter 180 and
 subparagraph 12 as amended by chapter 190 of the laws of  1989  and  the
 second  undesignated  paragraph as amended by chapter 402 of the laws of
 1993, is amended to read as follows:

 (a) Have the power to make rules and regulations governing transporta
 tion of hazardous materials, which shall mean a substance or material in
 a quantity and form which may pose an unreasonable risk  to  health  and
 safety or property when transported in commerce, by all modes AS DEFINED
 BY  THE  RULES  AND REGULATIONS OF THE DEPARTMENT. [For purposes of this
 section, the term "hazardous materials" shall include the following:
 (1) "Irritating material" which shall mean a liquid or solid substance
 which upon contact with fire or when exposed to air gives off  dangerous
 or  intensely  irritating fumes such as benzylcyande, chloracetophenone,
 diphenylaminechlorarsine, and diphenyl chlorarsine,  but  not  including
 any poisonous material, Class A;
 (2)  "Poison  A"  which shall mean those poisonous gases or liquids of
 such nature that a small amount of the  gas,  liquid  or  vapor  of  the
 liquid,  when  in  contact  with  air is dangerous to life.   This class
 includes  the  following:  bromacetone,  cyanogen,   cyanogen   chloride
 containing  less than 0.9 percent water, diphosgene, ethyldichlorarsine,
 hydrocyanic acid, methyldichlorarsine,  nitrogen  peroxide  (tetroxide),
 phosgene  (diphosgene),  nitrogen  tetroxide  -  nitric  oxide  mixtures
 containing up to 33.2 percent weight nitric oxide;
 (3) "Poison B" which shall mean  those  substances,  liquid  or  solid
 (including  pastes and semi-solids), other than Class A poisons or irri-
 
       A. 9058--C                         17
 tating materials, which are known to be so toxic as to be  a  hazard  to
 health;
 (4) "Corrosive materials" which shall mean those acids, alkaline caus-
 tic  liquids and other corrosive liquids or solids which when in contact
 with living tissue, will cause severe damage of such tissue by  chemical
 action;  or  in  the  case of leakage, will materially damage or destroy
 other freight by chemical action; or are liable to cause  fire  when  in
 contact with organic matter or with certain chemicals that cause visible
 destruction  or irreversible alteration in human skin tissue at the site
 of contact;
 (5) "Oxidizing materials" which shall mean those substances such as  a
 chlorate, permanganate, peroxide, or a nitrate, that yields oxygen read-
 ily to stimulate the combustion of organic matter;
 (6) "Flammable solids" which shall mean any solid material, other than
 one  designated  an explosive, as further defined in this section, which
 under conditions incident to transportation, cause fires  through  fric-
 tion,  through  absorption  of  moisture,  through  spontaneous chemical
 changes, or as a result of retained heat from the manufacturing or proc-
 essing.   Included in  this  class  are  spontaneously  combustible  and
 water-reactive materials;
 (7) "Flammable liquids" which shall mean any liquid, except any liquid
 meeting the definition of subparagraph nine, ten or eleven of this para-
 graph,  which  gives  off  flammable  vapors  below a temperature of one
 hundred degrees Fahrenheit;
 (8) "Radioactive materials" which shall mean irradiated nuclear  reac-
 tor  fuel  and  the  waste by-products of reprocessed irradiated nuclear
 reactor fuel and any other material or  combination  of  materials  that
 spontaneously  emits ionizing radiation which the commissioner of trans-
 portation determines by  regulation  to  present  significant  potential
 threat to public health and safety;
 (9)  "Liquefied  compressed  gas"  which  shall  mean  a gas liquefied
 through compression and under charged pressure is partially liquid at  a
 temperature of seventy degrees Fahrenheit;
 (9)  "Regulated  medical  waste" which shall be defined as provided in
 subdivision one of section 27-1501  of  the  environmental  conservation
 law.
 (10)  "Cryogenic liquid" which shall mean a refrigerated liquefied gas
 having a boiling point colder than  minus  one  hundred  thirty  degrees
 Fahrenheit (minus ninety degrees centigrade) at one atmosphere absolute;
 (11)  "Flammable  compressed  gas"  which  shall  mean any material or
 mixture having in the container an  absolute  pressure  exceeding  forty
 p.s.i.  at seventy degrees Fahrenheit, or, regardless of the pressure at
 seventy degrees Fahrenheit, having an absolute  pressure  exceeding  one
 hundred  four  p.s.i.  at  one hundred thirty degrees Fahrenheit, or any
 liquid flammable material having a vapor pressure exceeding forty p.s.i.
 absolute at one hundred degrees Fahrenheit as determined  by  ASTM  test
 D-323, if any one of the following occurs:
 (i) either a mixture of thirteen percent or less, (by volume) with air
 forms  a flammable mixture or the flammable range with air is wider than
 twelve percent regardless of the lower  limit.  These  limits  shall  be
 determined at atmospheric temperature and pressure;
 (ii) using the bureau of explosives, association of American railroads
 flame projection apparatus, the flame projects more than eighteen inches
 beyond  the ignition source with valve open fully, or, the flame flashes
 back and burns at the valve with any degree of valve opening;
 
       A. 9058--C                         18
 (iii) using the bureau of explosives, association  of  American  rail-
 roads open drum apparatus, there is any significant propagation of flame
 away from the ignition source;
 (iv) using the bureau of explosives, association of American railroads
 close drum apparatus, there is any explosion of the vapor-air mixture in
 the drum; and
 (12)  Other  identical  or similar substances which shall from time to
 time be identified by the commissioner of transportation  by  rules  and
 regulations  promulgated  pursuant  to  this  section as being hazardous
 materials, provided, however, that this] THIS section shall not apply to
 the regular military or naval forces of the United States;  nor  to  the
 duly  authorized  militia  of any state or territory thereof; nor to the
 police or fire departments of this state, or of  its  counties,  cities,
 towns,  villages,  agencies or instrumentalities, providing the same are
 acting within their official capacity and in the  performance  of  their
 duties.
 Such rules and regulations shall be no less protective of public safe
 ty  than the rules and regulations promulgated by the federal government
 with respect to the transportation of  hazardous  materials.  The  regu
 lations  shall set forth the criteria for identifying and listing, and a
 list of hazardous materials subject to this section as may be amended by
 the commissioner of  transportation  from  time  to  time  in  a  manner
 consistent  with  the  state administrative procedure act and consistent
 with [this section] THOSE SUBSTANCES AND  MATERIALS  DESIGNATED  BY  THE
 UNITED  STATES  SECRETARY  OF  TRANSPORTATION AS HAZARDOUS UNDER SECTION
 5103 OF TITLE 49 OF THE UNITED STATES CODE AS AMENDED FROM TIME TO TIME,
 INCLUDING THOSE DESIGNATED AS HAZARDOUS IN THE HAZARDOUS MATERIALS TABLE
 SET FORTH IN SECTION 172.101 AND MATERIALS THAT MEET THE DEFINING CRITE
 RIA FOR HAZARD CLASSES AND DIVISIONS IN PART  173  OF  SUBCHAPTER  C  OF
 TITLE  49  OF  THE  CODE  OF FEDERAL REGULATIONS AS AMENDED FROM TIME TO
 TIME. Such regulations shall  include  specifications  for  marking  and
 placarding  of  vehicles  transporting  hazardous  materials  as will be
 applied pursuant to paragraph (a) of subdivision three of this  section.
 The  regulations  promulgated  hereunder  shall  include  notice  that a
 violation of the rules and regulations is subject to a fine or a  period
 of  imprisonment,  and  the  rules  and  regulations shall set forth the
 penalty provisions  contained  in  subdivision  four  of  this  section.
 Provided,  however,  that  all local laws or ordinances, except those of
 cities having a population of one million or more, regulating the trans
 portation of flammable liquids in trucks, trailers or semi-trailers, are
 hereby superseded and without force and hereafter no such local  law  or
 ordinance shall be adopted to regulate or control the equipment or means
 of transporting flammable liquids in trucks, trailers or semi-trailers.
 For  the purposes of this section, a "vehicle" shall mean every device
 in which property may be transported upon a highway, stationary rails or
 tracks, or on the navigable waterways of the state.
 

S 14. Subdivision 3 of section 14-g  of  the  transportation  law,  as
 amended  by  chapter  921  of  the  laws  of 1983, is amended to read as
 follows:

 3. For the purposes of this section, the term "intercity bus passenger
 service" shall mean transportation provided to the public on  a  regular
 and  continuing  basis  by  a person, firm, or corporation authorized to
 transport passengers in interstate commerce by the [interstate  commerce
 commission]  UNITED STATES DEPARTMENT OF TRANSPORTATION or in intrastate
 commerce by the state department of  transportation  that  is  primarily
 intended  to  satisfy  longer distance travel demand between cities, and
 
       A. 9058--C                         19
 villages and unincorporated urban places that have a population  of  two
 thousand  five hundred or more. Such term does not include services that
 are primarily local or commuter oriented in nature.
 

S  15. Subdivisions 1-a, 1-b and 2 of section 18 of the transportation
 law, as amended by chapter 199 of the laws of 1987, are amended to  read
 as follows:

 1-a.  The  department of transportation is hereby designated the offi
 cial state agency to receive all notifications from the [federal  inter-
 state commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or
 any other federal or state agency in regard to discontinuance of service
 or  railroad property abandonment proceedings, including notification of
 applications from railroad companies for any such purposes.
 1-b. The department of transportation shall promptly inform in writing
 all interested state agencies,  transportation  authorities,  and  every
 county, city, town and village in which such property is located and the
 appropriate  entity  designated  by the governor pursuant to title IV of
 the  federal  intergovernmental  cooperation  act  of  nineteen  hundred
 sixty-eight  and  the  federal  office of management and budget circular
 A-98 of (a) the issuance of any certificate from the [federal interstate
 commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or other
 federal or state agency authorizing discontinuance of  railroad  service
 or  abandonment  of  railroad  transportation  property, (b) approval of
 discontinuance of service or a determination of abandonment of  railroad
 transportation property pursuant to this section, and (c) the receipt of
 an  application  to release a preferential acquisition right to railroad
 transportation property pursuant to this section.
 2. For the purposes of this section, property shall be  deemed  to  be
 abandoned  for railroad transportation purposes (a) when, where required
 by law, a certificate of abandonment of the railroad line situate there
 on has been issued by the [interstate commerce commission] UNITED STATES
 DEPARTMENT OF TRANSPORTATION and/or any other federal  or  state  agency
 having  jurisdiction thereof; or (b) when such a certificate of abandon
 ment is not so required and the use of such property for railroad trans
 portation purposes has been discontinued with the intent not to  resume.
 Intent  not to resume may be inferred from circumstances. Non-use of the
 property for railroad transportation purposes for two consecutive  years
 shall  create  a  presumption of abandonment.  When use of such property
 for railroad transportation purposes  has  been  discontinued  and  upon
 request  of the property owner or his own motion, the commissioner shall
 undertake an investigation thereof, which may include consultation  with
 the  [interstate commerce commission] UNITED STATES DEPARTMENT OF TRANS
 PORTATION, and shall render a determination as to whether or not (a) the
 property owner has definite plans for  the  use  of  such  property  for
 purposes  ordinarily  associated with the safe and normal operation of a
 railroad  or  associated  transportation  purposes;  (b)  such  property
 continues  to be suitable for such railroad transportation purposes; and
 (c) such property is necessary, either presently or in the  future,  for
 such railroad transportation purposes.  Such property shall be deemed to
 be  abandoned  for  railroad transportation purposes if the commissioner
 shall determine that (a) the property owner has no  definite  plans  for
 the  use  of  such  property for purposes ordinarily associated with the
 safe and normal operation of a  railroad  or  associated  transportation
 purposes;  or  (b) such property is no longer suitable for such railroad
 transportation purposes; and (c) such property is not necessary,  either
 presently  or  in the future, for such railroad transportation purposes.
 The commissioner shall render  such  determination  within  ninety  days
 
       A. 9058--C                         20
 after  the  commencement  of  such  investigation and such determination
 shall be conclusive except that if the property is determined not to  be
 so  abandoned such determination shall not preclude the undertaking of a
 subsequent  investigation  concerning  the same property. Sales of aban
 doned railroad transportation property for  continued  or  resumed  rail
 transportation use may be exempted at the commissioner's discretion from
 the  preferential  right of acquisition. This section shall not apply to
 the subsequent resale of  property  lawfully  acquired  subject  to  the
 provisions  of  this  section as then applicable, except when the subse
 quent sale involves property previously exempted from  this  section  by
 the commissioner.
 

S 16.

Section 98 of the transportation law, as added by chapter 267 of
 the laws of 1970, is amended to read as follows:

 

S 98. Tariff  schedules;  publication. Every common carrier shall file
 with the commissioner and shall print and keep open to public inspection
 schedules showing the rates, fares and charges for the transportation of
 passengers and property within the state between  each  point  upon  its
 route  and  all  other  points  thereon; and between each point upon its
 route and all points upon every route leased, operated or controlled  by
 it;  and between each point on its route or upon any route leased, oper
 ated or controlled by it and all points upon  the  route  of  any  other
 common  carrier, whenever a through route and joint rate shall have been
 established or ordered between any two such points.  If  no  joint  rate
 over  a through route has been established, the several carriers in such
 through route shall file, print and keep open to public  inspection,  as
 aforesaid,  the  separately established rates, fares and charges applied
 to the through transportation. The schedules printed as aforesaid  shall
 plainly  state  the places between which property and passengers will be
 carried, and shall also contain  the  classification  of  passengers  or
 property in force, and shall also state separately all terminal charges,
 storage  charges, icing charges, and all other charges which the commis
 sioner may require to be stated, all privileges or facilities granted or
 allowed, and any rules or  regulations  which  may  in  anywise  change,
 affect or determine any part, or the aggregate of, such aforesaid rates,
 fares  and  charges, or the value of the service rendered to the passen
 ger, shipper or consignee. Such schedules shall be  plainly  printed  in
 large type, and a copy thereof shall be kept by every such carrier read
 ily  accessible  to and for convenient inspection by the public in every
 station or office of such  carrier  where  passengers  or  property  are
 respectively received for transportation, when such station or office is
 in  charge  of  an agent, and in every station or office of such carrier
 where passenger tickets for transportation or tickets covering  sleeping
 or  parlor  car or other train accommodation are sold or bills of lading
 or receipts for property are issued. All or any of such  schedules  kept
 as   aforesaid  shall  be  immediately  produced  by  such  carrier  for
 inspection upon the demand of any person. A notice printed in bold  type
 and  stating  that such schedules are on file with the agent and open to
 inspection by any person and that the agent will assist any such  person
 to  determine  from  such schedules any transportation rates or fares or
 rules or regulations which are in force shall  be  kept  posted  by  the
 carrier  in  two  public and conspicuous places in every such station or
 office. The form of every such  schedule  shall  be  prescribed  by  the
 commissioner and shall conform in the case of railroad company as nearly
 as  may  be to the form of schedule required by the [interstate commerce
 commission] UNITED STATES DEPARTMENT OF TRANSPORTATION under the act  of
 congress  entitled  "An  act  to  regulate  commerce," approved February
 
       A. 9058--C                         21
 fourth, eighteen hundred and eighty-seven and the acts amendatory there
 of and supplementary thereto. The commissioner shall  have  power,  from
 time  to  time,  in  his discretion, to determine and prescribe by order
 such  changes  in  the form of such schedules as may be found expedient,
 and to modify the requirements of this section in respect to publishing,
 posting and filing of schedules either in  particular  instances  or  by
 general  order applicable to special or peculiar circumstances or condi
 tions.
 

S 17.

Section 126 of the transportation law, as added by  chapter  267
 of the laws of 1970, is amended to read as follows:

 

S 126. Uniform  system  of  accounts; access to accounts; forfeitures.
 The commissioner may, whenever he deems advisable, establish a system of
 accounts to be used by common carriers which are subject to  his  super
 vision,  or  may  classify  the  said carriers and prescribe a system of
 accounts for each class, and may prescribe  the  manner  in  which  such
 accounts  shall  be  kept.  He  may also in his discretion prescribe the
 forms of accounts, records and memoranda to be kept  by  such  carriers,
 including the accounts, records and memoranda of the movement of traffic
 as  well  as  the  receipts and expenditures of moneys. Notice of alter
 ations by the commissioner in the required method or form of  keeping  a
 system  of  accounts  shall  be given to such persons or carriers by the
 commissioner at least six months before the same are to take effect. The
 system of accounts established by the  commissioner  and  the  forms  of
 accounts,  records  and  memoranda  prescribed  by him as provided above
 shall conform in the case of railroad companies as nearly as may  be  to
 those  from  time  to time established and prescribed by the [interstate
 commerce commission] UNITED STATES DEPARTMENT  OF  TRANSPORTATION  under
 the  provisions  of  the  act  of  congress entitled "An act to regulate
 commerce" approved February fourth, eighteen hundred  eighty-seven,  and
 the  acts  amendatory thereof or supplementary thereto. The commissioner
 shall at all times have access to all accounts,  records  and  memoranda
 kept  by  common carriers and may designate any officers or employees of
 the department who shall thereupon have authority under the order of the
 commissioner to inspect and examine any and all  accounts,  records  and
 memoranda  kept  by  such carriers. The commissioner may, after hearing,
 prescribe by order the accounts in which particular outlays and receipts
 shall be entered, charged or credited. At any such hearing the burden of
 proof shall be on the common carrier to establish the correctness of the
 accounts in which such outlays and receipts have been entered,  and  the
 commissioner  may suspend a charge or credit pending submission of proof
 by such carrier.  Where the commissioner has  prescribed  the  forms  of
 accounts,  records and memoranda to be kept by such carriers it shall be
 unlawful for them to keep any other accounts, records or memoranda  than
 those  so  prescribed,  or those prescribed by or under authority of the
 United States.
 

S 18.

Section 134 of the transportation law, as added by  chapter  267
 of the laws of 1970, is amended to read as follows:

 

S 134. Duties  of  commissioner  as to interstate traffic. The commis
 sioner may investigate interstate freight or passenger rates  or  inter
 state  freight  or  passenger service on railroads within the state, and
 when such rates are, in the opinion of the  commissioner,  excessive  or
 discriminatory or are levied or laid in violation of the act of congress
 entitled  "An act to regulate commerce," approved February fourth, eigh
 teen hundred and eighty-seven,  and  the  acts  amendatory  thereof  and
 supplementary  thereto, or in conflict with the rulings, orders or regu
 lations of the [interstate commerce commission] UNITED STATES DEPARTMENT
 
       A. 9058--C                         22
 OF TRANSPORTATION, the commissioner may apply by petition to the [inter-
 state commerce commission] UNITED STATES  DEPARTMENT  OF  TRANSPORTATION
 for relief or may present to the [interstate commerce commission] UNITED
 STATES  DEPARTMENT  OF TRANSPORTATION all facts coming to his knowledge,
 as to violations of the rulings, orders, or regulations of that  commis
 sion  or  as  to violations of the said act to regulate commerce or acts
 amendatory thereof or supplementary thereto.
 

S 19. The opening paragraph of section 432 of the transportation  law,
 as  amended by chapter 385 of the laws of 1994 and as further amended by
 section 1 of part W of chapter 56 of the laws of  2010,  is  amended  to
 read as follows:

 The  level  of  railroad  participation  in the program for the period
 nineteen hundred eighty-seven through nineteen hundred ninety-one  shall
 depend on the estimated tax abatement as computed by the commissioner of
 taxation  and finance pursuant to either subdivision (c) of section four
 hundred eighty-nine-j or subdivision (c) of section four hundred  eight
 y-nine-hh  of  the real property tax law. The nature of railroad partic
 ipation in the program, as set forth below, shall be based on the  rail
 road's economic or exemption factor under title two-A and title two-B of
 article  four of the real property tax law, as applicable, and the rail
 road's size classification as determined  by  the  [interstate  commerce
 commission]  UNITED  STATES DEPARTMENT OF TRANSPORTATION, based on rail
 road system gross revenues. Regardless of the  level  of  their  partic
 ipation,  all  railroads shall annually certify to the commissioner that
 to the best of their knowledge and belief such railroads are in substan
 tial compliance with the terms and conditions of any contracts they  may
 have with the department.
 

S  20.  The  opening paragraph of subdivision 1 of section 1690 of the
 vehicle and traffic law, as amended by chapter 420 of the laws of  2001,
 is amended to read as follows:

 Notwithstanding any other provision of law, where the trial of a traf
 fic  or  parking infraction is authorized or required to be tried before
 the Nassau county district court, and such traffic and  parking  infrac
 tion does not constitute a misdemeanor, felony, violation of subdivision
 one  of  section  eleven hundred ninety-two, subdivision five of section
 eleven hundred ninety-two,  section  three  hundred  ninety-seven-a,  or
 subdivision  (g)  of section eleven hundred eighty of this chapter, or a
 violation of paragraph (b) of subdivision four of section fourteen-f  or
 clause  (b)  of subparagraph (iii) of paragraph [d] C of subdivision two
 of section one hundred forty of the transportation law, or  any  offense
 that  is  part of the same criminal transaction, as that term is defined
 in subdivision two of section 40.10 of the criminal  procedure  law,  as
 such  a  misdemeanor,  felony,  violation  of subdivision one of section
 eleven hundred ninety-two, subdivision two  of  section  eleven  hundred
 ninety-two,  section  three hundred ninety-seven-a or subdivision (g) of
 section eleven hundred eighty of this chapter, or a violation  of  para
 graph  (b)  of  subdivision  four of section fourteen-f or clause (b) of
 subparagraph (iii) of paragraph d of  subdivision  two  of  section  one
 hundred forty of the transportation law, the administrative judge of the
 county  in which the trial court is located, may assign judicial hearing
 officers to conduct such a trial. Such judicial hearing  officers  shall
 be  village  court justices or retired judges either of which shall have
 at least two years of experience conducting trials of traffic and  park
 ing  violations  cases  and  shall  be  admitted to practice law in this
 state. Where such assignment is made, the judicial hearing officer shall
 entertain the case in the same manner as a court and shall:

 
       A. 9058--C                         23
 

S 21. Subdivision 2 of section 371 of the general  municipal  law,  as
 amended  by  chapter  19  of  the  laws  of  2009, is amended to read as
 follows:

 2.  The Nassau county traffic and parking violations agency, as estab
 lished, may be authorized to assist the Nassau county district court  in
 the disposition and administration of infractions of traffic and parking
 laws,  ordinances, rules and regulations and the liability of owners for
 violations of subdivision (d) of section eleven hundred  eleven  of  the
 vehicle  and  traffic  law  in  accordance  with  section eleven hundred
 eleven-b of such law, except that such agency shall not  have  jurisdic
 tion  over  (a)  the traffic infraction defined under subdivision one of
 section eleven hundred ninety-two of the vehicle and  traffic  law;  (b)
 the  traffic infraction defined under subdivision five of section eleven
 hundred ninety-two of the vehicle and traffic  law;  (c)  the  violation
 defined under paragraph (b) of subdivision four of section fourteen-f of
 the  transportation  law  and  the violation defined under clause (b) of
 subparagraph (iii) of paragraph [d] C of subdivision two of section  one
 hundred  forty  of  the  transportation  law; (d) the traffic infraction
 defined under section three hundred ninety-seven-a of  the  vehicle  and
 traffic  law and the traffic infraction defined under subdivision (g) of
 section eleven hundred eighty of the vehicle and traffic  law;  (e)  any
 misdemeanor or felony; or (f) any offense that is part of the same crim
 inal  transaction, as that term is defined in subdivision two of section
 40.10 of the criminal procedure law, as a violation of  subdivision  one
 of  section  eleven hundred ninety-two of the vehicle and traffic law, a
 violation of subdivision five of section eleven  hundred  ninety-two  of
 the vehicle and traffic law, a violation of paragraph (b) of subdivision
 four  of  section  fourteen-f  of the transportation law, a violation of
 clause (b) of subparagraph (iii) of paragraph d of  subdivision  two  of
 section  one  hundred  forty  of  the transportation law, a violation of
 section three hundred ninety-seven-a of the vehicle and traffic  law,  a
 violation  of  subdivision  (g)  of section eleven hundred eighty of the
 vehicle and traffic law or any misdemeanor or felony.
 

S 22. Subdivision 1 of section 27-1321 of the environmental  conserva
 tion  law,  as  added  by chapter 915 of the laws of 1983, is amended to
 read as follows:

 1. Notwithstanding any other provision of law  to  the  contrary,  any
 person  who  is,  by professional training or experience and attainment,
 qualified to analyze and interpret matters pertaining to the  treatment,
 storage,  disposal,  or  transport  of  hazardous materials or hazardous
 wastes, and who voluntarily and without expectation of monetary  compen
 sation  provides  assistance  or  advice in mitigating the effects of an
 accidental or threatened discharge of any hazardous materials or hazard
 ous wastes, or in preventing, cleaning up,  or  disposing  of  any  such
 discharge,  shall  not be subject to a penalty or to civil liability for
 damages or injuries alleged to have been  sustained  by  any  person  or
 entity  by reason of an act or omission in the giving of such assistance
 or advice. For the purposes of this section, the term "hazardous materi
 als" shall have the same meaning [given] AS that  term  [in  subdivision
 one  of]  IS  DEFINED  IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
 TRANSPORTATION PURSUANT TO section fourteen-f of the transportation law,
 and the term "hazardous wastes" shall mean those  wastes  identified  or
 listed  pursuant  to  section  27-0903 of this article and any rules and
 regulations promulgated thereunder.
 
       A. 9058--C                         24
 

S 23. Subdivision 1 of section 156-a of the executive law, as  amended
 by  section  1 of part D of chapter 1 of the laws of 2004, is amended to
 read as follows:

 1.  The  state  fire  administrator  shall[, in his or her discretion,
 consult with the fire fighting and code enforcement personnel  standards
 and  education  commission  established  pursuant to section one hundred
 fifty-nine-a of this article,  to]  establish  a  specialized  hazardous
 materials  emergency response training program for individuals responsi
 ble  for  providing  emergency  response  recovery  following  incidents
 involving  hazardous  materials  as  SUCH TERM IS defined in [accordance
 with] REGULATIONS PROMULGATED  BY  THE  COMMISSIONER  OF  TRANSPORTATION
 PURSUANT TO section fourteen-f of the transportation law. The state fire
 administrator  shall  inform  all fire companies, municipal corporations
 and districts, including agencies and departments thereof and all  fire
 fighters,  both  paid  and volunteer, and related officers and employees
 and police officers  of  the  implementation  and  availability  of  the
 hazardous  materials  emergency  response  training  program  and shall,
 subject to the availability of an appropriation, conduct  such  training
 with  sufficient  frequency  to  assure  adequate  response to incidents
 involving hazardous  materials  and  protection  of  responders  in  all
 geographic areas of the state.
 

S  24.  This act shall take effect immediately; provided, however that
 the amendments to subdivision 2 of section 371 of the general  municipal
 law, made by section twenty-one of this act shall not affect the expira
 tion of such section and shall be deemed to expire therewith.
 PART H
 

Section  1.  Subdivisions  1  and 2 of section 11-0515 of the environ
 mental conservation law, as amended by chapter 528 of the laws of  1986,
 are amended to read as follows:

 1.  The  department may issue to any person a license revocable at its
 pleasure to collect or possess fish, wildlife, shellfish, crustacea,  OR
 aquatic  insects,  birds' nests or eggs for propagation, banding, scien
 tific or exhibition purposes.  The  department  in  its  discretion  may
 require  an  applicant  to  pay a license fee of ten dollars, [to submit
 written testimonials from two well-known persons] and to file a bond  of
 two hundred dollars to be approved by the department that he OR SHE will
 not  violate  any  provisions  of this article. Each licensee shall file
 with the department [on or before February 1] a  report  [of  his  oper-
 ations  during  the preceding calendar year] CONTAINING SUCH INFORMATION
 AS THE DEPARTMENT MAY REQUIRE. Such license shall  be  [effective  until
 revoked] IN FORCE FOR ONE YEAR ONLY AND SHALL NOT BE TRANSFERABLE.
 2.  The  department may also issue a license revocable at its pleasure
 to possess and sell protected fish, wildlife,  shellfish,  crustacea  or
 aquatic insects for propagation, scientific or exhibition purposes.  The
 department  in  its discretion may require a license fee of ten dollars.
 Such license shall be in force for one year only and shall not be trans
 ferable. Each licensee shall [make] FILE WITH THE  DEPARTMENT  a  report
 [of  his  or her operations at the expiration of the license] CONTAINING
 SUCH INFORMATION AS THE DEPARTMENT MAY REQUIRE. Fish, wildlife,  shellf
 ish,  crustacea or aquatic insects lawfully possessed under this section
 may be sold at any time by the licensee for propagation,  scientific  or
 exhibition purposes only.
 
       A. 9058--C                         25
 

S  2.  Subdivision 1 of section 11-0521 of the environmental conserva
 tion law, as amended by chapter 600 of the laws of 1993, is  amended  to
 read as follows:

 1.  The  department may direct any environmental conservation officer,
 or issue a permit to any person, to take any wildlife at any time  when
 ever it becomes a nuisance, destructive to public or private property or
 a threat to public health or welfare, provided, however, that where such
 wildlife  is a bear, no such permit shall be issued except upon proof of
 damage to such property or threat to public health or  safety  presented
 to  the  department. Upon presentation of such proof, the department may
 issue a permit authorizing the use of trained tracking dogs pursuant  to
 section  11-0928  of this article, and, if the department has determined
 that no other alternative is feasible, a separate  permit  to  take  the
 bear.  Wildlife  so  taken  shall  be  disposed of as the department may
 direct.  ANY PERSON, AGENCY, CORPORATION OR MUNICIPALITY WHO  OBTAINS  A
 MIGRATORY BIRD DEPREDATION PERMIT OR ORDER ISSUED BY THE FEDERAL DEPART
 MENT  OF  THE INTERIOR PURSUANT TO 50 C.F.R. 13 AND 50 C.F.R. 21, AS MAY
 BE AMENDED FROM TIME TO TIME, SHALL NOT BE REQUIRED TO OBTAIN  A  PERMIT
 FROM THE DEPARTMENT TO CONDUCT THE AUTHORIZED ACTIVITIES.
 

S  3.  Subdivisions  6  and  9 of section 11-0523 of the environmental
 conservation law, subdivision 6 as added by chapter 911 of the  laws  of
 1990  and  subdivision  9 as amended by chapter 114 of the laws of 1981,
 are amended to read as follows:

 6. Raccoons, MUSKRATS, coyotes or fox injuring private property may be
 taken by the owner, occupant or lessee thereof, or an employee or family
 member of such owner, occupant or lessee, at any time in any manner.
 9. Varying hares, cottontail rabbits,  skunks,  black,  grey  and  fox
 squirrels,  raccoons,  MUSKRATS,  opossums  or weasels taken pursuant to
 this section in the closed season  or  in  a  manner  not  permitted  by
 section 11-0901 shall be immediately buried or cremated. No person shall
 possess or traffic in such skunks or raccoons or the pelts thereof or in
 such varying hares or cottontail rabbits or the flesh thereof.
 

S  4.  Subdivision 4 of section 11-0524 of the environmental conserva
 tion law, as added by chapter 265 of the laws of  2002,  is  amended  to
 read as follows:

 4.  The  fee for a nuisance wildlife control operator license shall be
 fifty dollars paid annually to be deposited  in  the  conservation  fund
 established  pursuant  to section eighty-three of the state finance law,
 PROVIDED, HOWEVER, THAT A MUNICIPALITY SHALL NOT BE SUBJECT TO THIS FEE.
 

S 5. Subdivisions 3 and 4 of  section  11-0927  of  the  environmental
 conservation law, are amended to read as follows:

 3. Wild game shall not be taken by shooting or otherwise killed in the
 course  of  a field trial. Other game on which a field trial may be held
 as provided in this section may be taken by shooting in the course of  a
 field  trial, except a field trial held on a licensed dog training area,
 provided a license for such shooting has been procured from the  depart
 ment. Game so taken shall be immediately [tagged for identification with
 seals,  to  be supplied to the licensee] IDENTIFIED ON FORMS PROVIDED by
 the department [at the price of five cents each, and  such  seals  shall
 not be removed] until the game is finally prepared for consumption.
 4.  Game  so [tagged] IDENTIFIED may be possessed, transported, bought
 and sold at any time, without limitation by section 11-0917.
 

S 6. Subdivision 2 of section 11-0931 of the  environmental  conserva
 tion  law,  as amended by chapter 483 of the laws of 2010, is amended to
 read as follows:

 
       A. 9058--C                         26
 2. No firearm or crossbow except a pistol or revolver shall be carried
 or possessed in or on a motor vehicle  unless  it  is  unloaded,  for  a
 firearm  in  both  the  chamber  and  the magazine, except that a loaded
 firearm which may be legally used for taking migratory game birds may be
 carried  or possessed in a motorboat while being legally used in hunting
 migratory game birds, and no person except a law enforcement officer  in
 the  performance  of  his  official duties shall, while in or on a motor
 vehicle, use a jacklight, spotlight or other artificial light upon lands
 inhabited by deer if he is in possession or is accompanied by  a  person
 who is in possession, at the time of such use, of a longbow, crossbow or
 a  firearm  of any kind except a pistol or revolver, unless such longbow
 is unstrung or such firearm  or  crossbow  is  taken  down  or  securely
 fastened  in  a case or locked in the trunk of the vehicle. For purposes
 of this subdivision, motor vehicle shall mean  every  vehicle  or  other
 device  operated  by  any power other than muscle power, and which shall
 include but not be limited to automobiles,  trucks,  motorcycles,  trac
 tors,  trailers  and  motorboats, snowmobiles and snowtravelers, whether
 operated on or off public highways. Notwithstanding  the  provisions  of
 this subdivision, the department may issue a permit to any person who is
 non-ambulatory,  except  with  the use of a mechanized aid, to possess a
 loaded firearm in or on a motor vehicle  as  defined  in  this  section,
 subject to such restrictions as the department may deem necessary in the
 interest  of public safety[, and for a fee of five dollars].  Nothing in
 this section permits the possession of a pistol or a  revolver  contrary
 to the penal law.
 

S  7.  Subdivision 2 of section 11-0931 of the environmental conserva
 tion law, as amended by section 50 of part F of chapter 82 of  the  laws
 of 2002, is amended to read as follows:

 2.  No  firearm  except  a  pistol  or  revolver  shall  be carried or
 possessed in or on a motor vehicle unless it is  unloaded  in  both  the
 chamber  and  the  magazine,  except  that a loaded firearm which may be
 legally used for taking migratory game birds may be carried or possessed
 in a motorboat while being legally used in hunting migratory game birds,
 and no person except a law enforcement officer in the performance of his
 official duties shall, while in or on a motor vehicle, use a  jacklight,
 spotlight  or  other artificial light upon lands inhabited by deer if he
 is in possession or is accompanied by a person who is in possession,  at
 the  time  of  such use, of a longbow, crossbow or a firearm of any kind
 except a pistol or revolver, unless such longbow  is  unstrung  or  such
 firearm  is  taken  down or securely fastened in a case or locked in the
 trunk of the vehicle. For purposes of this  subdivision,  motor  vehicle
 shall  mean  every  vehicle  or other device operated by any power other
 than muscle power, and which shall include but not be limited to automo
 biles, trucks, motorcycles, tractors, trailers and  motorboats,  snowmo
 biles  and  snowtravelers,  whether  operated on or off public highways.
 Notwithstanding the provisions of this subdivision, the  department  may
 issue  a permit to any person who is non-ambulatory, except with the use
 of a mechanized aid, to possess a loaded firearm in or on a motor  vehi
 cle  as  defined  in  this  section, subject to such restrictions as the
 department may deem necessary in the interest of public safety[, and for
 a fee of five dollars]. Nothing in this section permits  the  possession
 of a pistol or a revolver contrary to the penal law.
 

S 8.

Section 11-1003 of the environmental conservation law, as amended
 by section 51 of part F of chapter 82 of the laws of 2002, is amended to
 read as follows:

 

S 11-1003. Falconry license.
 
       A. 9058--C                         27
 Any  resident  of  this  state  may  be issued a falconry license. The
 department shall prescribe and furnish forms for  application  for  such
 license.  The  fee  for  the  license  shall  be [twenty] FORTY dollars.
 Falconry licenses shall expire on December 31 every [second] FIFTH  year
 and  shall be renewable at the discretion of the department.  A falconry
 license shall authorize the  licensee  to  obtain,  buy,  sell,  barter,
 possess  and  train  raptors  for  falconry  and  to engage in falconry,
 provided that no game shall be taken or killed  except  during  an  open
 season  therefor,  and  further  provided  that such licensee shall also
 possess a license pursuant to this chapter which authorizes  the  holder
 to  hunt  wildlife.    Any  non-resident, who legally possesses a raptor
 where he or she resides and who may legally engage in falconry where  he
 or  she  resides,  may engage in falconry in New York without a falconry
 license provided he  or  she  possesses  a  valid  non-resident  hunting
 license.
 

S  9. 

Section 11-1721 of the environmental conservation law, subdivi
 sion 2 as amended by chapter 528 of the laws of 1986, is amended to read
 as follows:

 

S 11-1721. [Tagging] IDENTIFICATION of carcasses and parts thereof.
 1. The provisions of this section apply to carcasses and parts thereof
 of
 a. domestic game killed on the premises of the holder  of  a  domestic
 game bird breeder's license PURSUANT TO SECTION 11-1901 OF THIS ARTICLE,
 domestic  game  animal  breeder's license PURSUANT TO SECTION 11-1905 OF
 THIS ARTICLE or shooting preserve license PURSUANT TO SECTION 11-1903 OF
 THIS ARTICLE;
 b. [domestic game raised outside the state on the premises of a holder
 of a certificate under section 11-1715, subdivision 1;
 c. foreign game imported from outside the United States;
 d. wild deer (other than white-tailed deer), moose, elk,  caribou  and
 antelope,  coming  from  outside the state, imported pursuant to section
 11-1711;
 e.] bear possessed under license pursuant to section 11-0515  OF  THIS
 ARTICLE  or  outside  the state under a license similar in principle and
 killed for food purposes[, and bought and sold for  such  purpose  under
 permit from the department pursuant to section 11-1713];
 [f.] C. trout, black bass, lake trout, landlocked salmon, muskellunge,
 pike,  pickerel  and walleye taken from fishing preserve waters licensed
 pursuant to section 11-1913 OF THIS ARTICLE.
 2. All such [game] CARCASSES AND PARTS shall  be  [tagged]  IDENTIFIED
 with  a  [tag  or  seal,  which  shall be supplied] FORM PROVIDED by the
 department [for a fee of five cents for each tag or  seal.  The  tag  or
 seal shall be affixed to each game bird, and in the case of foreign game
 shall  be  affixed  to the breast skin, and to the flesh of each quarter
 and loin of other game, and shall remain so affixed until  the  game  is
 finally  prepared for consumption.  Trout, black bass, lake trout, land-
 locked salmon, muskellunge, pike, pickerel and walleye taken from  fish-
 ing preserve waters licensed pursuant to section 11-1913 shall be tagged
 as prescribed by the department, with a seal, which shall be supplied by
 the department for a fee of five cents for each seal].
 3.  [Domestic game killed in this state] CARCASSES AND PARTS shall not
 be possessed unless [tagged] ACCOMPANIED  BY  A  FORM  PROVIDED  BY  THE
 DEPARTMENT  as  required  by  this  section. [Foreign game imported from
 outside the United States and domestic and wild game coming from outside
 the state shall be tagged before it is brought into the state  or  imme-
 diately upon its receipt within this state by the consignee.
 
       A. 9058--C                         28
 4.  No  person shall counterfeit any seal or tag issued by the depart-
 ment. No person shall attach such a  tag  to  game  which  is  not  game
 described in subdivision 1, nor attach to any game described in subdivi-
 sion  1  a  tag  or  seal  other  than the tag or seal prescribed by the
 department for the tagging of such game.]
 

S 10.

Section 11-1723 of the environmental conservation law is amended
 to read as follows:

 

S 11-1723. Sale of game and trout; transportation within the state.
 1.  a.  Except  as provided in paragraph b, game and trout required by
 section 11-1721 to be  [tagged,  when  so  tagged]  IDENTIFIED,  may  be
 possessed, bought and sold, and subject to section 11-1725 may be trans
 ported within and from within to without the state by any means.
 b.  No domestic duck, goose, brant or swan killed by shooting shall be
 bought or sold unless marked [by having had the hind toe  of  the  right
 foot removed as provided in subdivision 5 of section 11-1901] IN ACCORD
 ANCE WITH REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY
 THE  DEPARTMENT  OF  THE  INTERIOR  PURSUANT  TO  50 C.F.R. 21 AS MAY BE
 AMENDED FROM TIME TO TIME.    SUCH  INFORMATION  SHALL  BE  PROVIDED  BY
 DEPARTMENT  PRESS RELEASE AND ANY OTHER MEANS THAT THE DEPARTMENT DETER
 MINES TO BE APPROPRIATE AND EFFECTIVE, INCLUDING POSTING ON THE  DEPART
 MENT'S PUBLIC WEBSITE.
 2.  No  person  shall  sell  or  offer for sale any such game or trout
 unless it is so [tagged] IDENTIFIED.
 

S 11.

Section 11-1725 of the environmental conservation law is amended
 to read as follows:

 

S 11-1725. Shipment by carriers.
 1. Carriers may receive, and may transport, within and from within  to
 without  the  state,  carcasses  and parts thereof of game, described in
 subdivision 1 of section 11-1721[, tagged] AND IDENTIFIED as provided in
 that section, when they are also labeled as provided in this section.
 2. a. When received in this state by a carrier, or transported  within
 or from within to without the state by a carrier, every shipment of game
 required  by  section 11-1721 to be [tagged] IDENTIFIED, shall also have
 attached a card or label with the  following  data  plainly  printed  or
 written  thereon: names and addresses of consignor and consignee, number
 and kind of carcasses or parts thereof[, and that the same  is  (as  the
 case  may  be)  domestic  game,  imported foreign game, or game imported
 under permit (in the case of game imported pursuant to  section  11-1711
 or 11-1713)].
 b. If the consignor is the person who holds the game breeder's license
 or shooting preserve license[, or the certificate under section 11-1715,
 or  the  permit under section 11-1711 or 11-1713,] by authority of which
 such game (other than imported foreign game) is saleable, or if the game
 is imported foreign game shipped by a licensed game dealer, the card  or
 label  shall  also  state  the  name  and  address of the holder of such
 license, [certificate or permit] and the number of the license[, certif-
 icate or permit].
 3. No carrier or employee thereof shall, while engaged in  such  busi
 ness,  transport  as  owner  any  fish or game not lawfully saleable. No
 carrier or employee thereof shall knowingly receive or possess any  fish
 or game, whether packed or unpacked, for shipment for any person, unless
 (a)  if it is game or trout described in section 11-1721, it is [tagged]
 IDENTIFIED as required by that section, and (b) in any  case,  it  bears
 the  tag,  card,  IDENTIFICATION or label required by this section or by
 sections 11-0911, 11-0917, 11-1319 or 11-1913.
 
       A. 9058--C                         29
 

S 12. Subdivisions 1, 5 and 8 of section 11-1901 of the  environmental
 conservation  law,  paragraphs  a  and  b of subdivision 1 as amended by
 chapter 528 of the laws of 1986, are amended to read as follows:

 1.  The department may, in its discretion, issue to an owner or lessee
 of wholly enclosed lands, or an entire  island,  a  domestic  game  bird
 breeder's  license  permitting him to possess and propagate such species
 of domestic game birds as, in its opinion, he has facilities for  propa
 gating  on  the  licensed premises. The license shall expire on March 31
 [in each] EVERY FIFTH year. The department shall prescribe  and  furnish
 forms  for  application  for  such  license. Applicants shall pay to the
 department, and the  department  shall  be  entitled  to  receive,  fees
 according to the type of license so issued as follows:

 a.  Class  A  license, [fifty] TWO HUNDRED dollars. This license shall
 allow the holder thereof to purchase, possess, propagate, transport  and
 sell domestic game birds, dead or alive, and their eggs.
 b.  Class B license, [ten] FORTY dollars. This license shall allow the
 holder thereof to purchase, possess and propagate  domestic  game  birds
 for  his  own  use. Birds may be killed for food or released to the wild
 for restocking. No live birds or their eggs or carcasses  may  be  sold,
 exchanged or given away.
 5.  Each  such  domestic duck, goose, brant and swan [before attaining
 the age of four weeks] shall be marked [by having the hind  toe  of  the
 right  foot  removed,  and no such duck, goose, brant or swan, over four
 weeks of age, may be possessed or sold without such mark] IN  ACCORDANCE
 WITH  REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY THE
 DEPARTMENT OF THE INTERIOR PURSUANT TO 50 C.F.R. 21 AS  MAY  BE  AMENDED
 FROM  TIME  TO  TIME.   SUCH INFORMATION SHALL BE PROVIDED BY DEPARTMENT
 PRESS RELEASE AND ANY OTHER MEANS THAT THE DEPARTMENT DETERMINES  TO  BE
 APPROPRIATE  AND EFFECTIVE, INCLUDING POSTING ON THE DEPARTMENT'S PUBLIC
 WEBSITE.  Birds so marked, which have escaped, may be recaptured by  the
 licensee.  [Other  such  domestic  game  birds which have escaped may be
 recaptured by the licensee provided they are marked as prescribed in the
 rules and regulations of the department.] Escaped birds  may  be  recap
 tured  only  on  the  premises of the licensee. [However, removal of the
 hind toe of the right foot shall not  be  required  for  captive  geese,
 brant  and swans, which were adult birds on March 1, 1967 and previously
 had been marked with a V-shaped mark on the web of one foot.]
 8. [a. The department shall supply tags, for which the licensee  shall
 pay a fee of five cents each, which shall be affixed to the carcass of a
 domestic  game  bird  and  remain  so  affixed until the bird is finally
 prepared for consumption. No domestic  game  bird  so  killed  shall  be
 possessed  without such tag, and only an authorized person shall have in
 his possession such tags.
 b. Notwithstanding any provision in this section to the  contrary,  no
 untagged carcass may be removed from the premises except carcasses which
 are  removed  for  the purpose of processing. When transporting untagged
 carcasses for such processing, the bearer must have a  statement  signed
 by  the  licensee  stating the number of carcasses being transported and
 the name and address of the processor. The bearer must also have in  his
 possession  tags  equal  in  number  to  the  carcasses transported. The
 processor or bearer, after picking and  dressing  the  carcasses,  shall
 affix the tags, furnished by the licensee, to each carcass.
 c.  The licensee shall keep records of the number of tags used, and no
 tags shall be removed from the licensed premises except as  provided  in
 this subdivision. If a game bird breeder's license is not renewed on its
 expiration  date, all unused tags and inventory shall be returned to the
 
       A. 9058--C                         30
 nearest regional office of the department not later than ten days  after
 the  expiration  date  of the license. There shall be no refund of money
 for such returned tags, which shall be immediately invalidated.
 d.  The  tagging required by this subdivision shall constitute compli-
 ance with the tagging requirements  of  section  11-1721.  Carcasses  of
 domestic  game  birds,  tagged  as  provided in this subdivision, may be
 possessed, bought, sold, offered for sale and transported, to the extent
 permitted by sections 11-1719 and 11-1723.] DOMESTIC GAME BIRD CARCASSES
 AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY  SECTION  11-1721  OF  THIS
 ARTICLE.
 

S  13. Subdivisions 2, 4 and 6 of section 11-1903 of the environmental
 conservation law are REPEALED and subdivisions 1, 3, 7,  and  10,  para
 graph  c of subdivision 1 as amended by chapter 528 of the laws of 1986,
 subdivision 3 as amended by chapter 465 of the laws of 1976,  and  para
 graph  d  of subdivision 7 as amended by chapter 37 of the laws of 1978,
 are amended to read as follows:

 1. The department may, in its discretion, issue to an owner or  lessee
 of wholly enclosed lands or an entire island a shooting preserve license
 permitting  him  OR HER to purchase, possess, rear and transport, and to
 release and take  by  shooting  therein,  domestic  game  birds  legally
 possessed or acquired. No birds may be held for propagation after [March
 31]  APRIL  15  unless the owner or lessee also has a domestic game bird
 breeder's license as provided for in section 11-1901.  In  the  case  of
 leased  lands,  the  applicant shall furnish with his OR HER application
 evidence of a written lease executed by each lessor covering  the  prem
 ises  to  be  licensed.  The  license shall expire on [March 31 in each]
 APRIL 15 EVERY FIFTH year. The department shall  prescribe  and  furnish
 forms  for  application for such license.  Applicants shall pay, and the
 department shall be entitled to receive, fees according to the  type  of
 license issued as follows:

 a.  Class  A  license,  [fifty] TWO HUNDRED dollars [for the first one
 hundred acres and five dollars for each additional one hundred acres  or
 portion  thereof  comprising the premises described in the application].
 This license shall allow the holder thereof to operate a commercial CLUB
 OR MEMBERSHIP shooting preserve WITH A MINIMUM OF ONE HUNDRED ACRES  and
 charge a daily fee for hunting or charge a fee for each bird killed or a
 combination  thereof. Birds may be killed by the licensee for his OR HER
 own use and may be sold dead or alive.
 b. [Class B license, twenty-five dollars for  the  first  one  hundred
 acres  and  two  dollars and fifty cents for each additional one hundred
 acres or portion thereof comprising the premises described in the appli-
 cation. This license shall allow the holder thereof to operate a nonpro-
 fit shooting  preserve  or  a  nonprofit  club  or  membership  shooting
 preserve  with use limited to members and guests. Birds may be killed by
 the licensee for his own use but  no  live  birds,  or  their  eggs,  or
 carcasses  may  be  sold  unless  the licensee holds a Class A game bird
 breeder's license.
 c.] Class [C] B license, [fifteen] SIXTY dollars [for  the  first  one
 hundred  acres  and two dollars for each additional one hundred acres or
 portion thereof comprising the premises described in  the  application].
 This  license  shall  allow  the  holder  thereof  to operate a shooting
 preserve with use restricted to the licensee,  his  OR  HER  family  and
 invitees,  provided  no fees are charged for the privilege of hunting or
 for birds shot. Birds may be killed by the licensee for his OR  HER  own
 use  but  no  live birds, or their eggs, or carcasses may be sold unless
 the licensee holds a Class A game bird breeder's license.
 
       A. 9058--C                         31
 3. The department may revoke the license of any licensee convicted  of
 a  violation  of  this section, and no license shall be issued to him OR
 HER for the ensuing two years. The licensee,  unless  he  OR  SHE  shall
 waive such right, shall have an opportunity to be heard. Notice of hear
 ing shall be given by mailing the same in writing to the licensee at the
 address  contained in his OR HER license. Attendance of witnesses may be
 compelled by subpoena.  Revocation shall be deemed an administrative act
 reviewable by the supreme court as such.
 7. Domestic game birds may not be killed, by shooting, on the premises
 specified in the application for the license, except under the following
 conditions:

 a. Birds [must be at least fourteen weeks of  age  before  liberation.
 Ducks,  geese,  brant and swans] shall be marked [by having had the hind
 toe of the right foot removed, except] as provided in subdivision  5  of
 section  11-1901[,  and  no  such  duck, goose, brant or swan, over four
 weeks of age, may be possessed, sold or killed by shooting without  such
 mark].  Birds  so  marked,  which have escaped, may be recaptured by the
 licensee. [Other such domestic game birds  which  have  escaped  may  be
 recaptured by the licensee provided they are marked as prescribed in the
 rules  and  regulations  of the department.] Escaped birds may be recap
 tured only on the premises of the licensee.
 b. [Before any shooting of domestic  game  birds  may  be  done  on  a
 licensed  shooting  preserve  the licensee must advise the department in
 writing of the numbers of each species of domestic  game  birds  reared,
 purchased  or otherwise acquired for liberation, and request and receive
 in writing a shooting authorization which shall  state  the  numbers  of
 each  species  of game bird that may be taken by shooting. The number of
 birds authorized to be taken by shooting shall not be less  than  eighty
 per cent of the number liberated.
 Shooting authorization shall be based on the actual number of birds on
 hand  or  on contract at the time of application for such authorization.
 If birds are purchased, the applicant  shall  submit  one  copy  of  the
 contract agreement signed by the purchaser and seller on forms furnished
 by  the  department.  The  contract  shall  state  the name, address and
 license number of the party from whom purchased as well as  the  numbers
 of birds purchased and the dates of delivery.
 c.]  Ducks, geese, brant and swans liberated under this section may be
 taken only under rules and regulations made by the department OR ADOPTED
 BY THE FEDERAL DEPARTMENT OF THE INTERIOR; PROVIDED, HOWEVER,  THAT  ANY
 FEDERAL  REGULATIONS  SHALL  BE PROVIDED BY DEPARTMENT PRESS RELEASE AND
 ANY OTHER MEANS THAT THE DEPARTMENT DETERMINES  TO  BE  APPROPRIATE  AND
 EFFECTIVE, INCLUDING POSTING ON THE DEPARTMENT'S PUBLIC WEBSITE.
 [d]  C.  On the premises described in the application for the license,
 the licensee may kill domestic game birds by shooting from  September  1
 through  [March  31] APRIL 15 and in any manner, other than by shooting,
 at any time, or any person may take domestic game birds by shooting from
 September 1 through [March 31] APRIL 15 with the consent of  the  licen
 see. [When an investigation made by the department in the month of March
 of  any  year  reveals  that during the current shooting preserve season
 reasonable opportunities were not  afforded  to  harvest  domestic  game
 birds  in  any  area  or  areas of the state because of abnormal weather
 conditions, the department shall have  power  to  extend  by  order  the
 shooting  preserve  season  in  such  area  or areas for a period not to
 exceed 15 days.]
 10. a. [The department shall supply tags, for which the licensee shall
 pay a fee of five cents each, which shall be  affixed  to  the  carcass]
 
       A. 9058--C                         32
 CARCASSES  AND  PARTS  of  [a] domestic game [bird and remain so affixed
 until the bird is finally  prepared  for  consumption]  BIRDS  SHALL  BE
 ACCOMPANIED  BY  A  FORM  PROVIDED BY THE DEPARTMENT PURSUANT TO SECTION
 11-1721  OF  THIS  ARTICLE.    No domestic game birds so killed shall be
 possessed OR TRANSPORTED without such [tag] FORM.   Only  an  authorized
 person  as provided in the rules and regulations of the department shall
 have in his OR HER possession such [tags] FORM.
 b. [Notwithstanding any provision in this section to the contrary,  no
 untagged carcass may be removed from the premises except carcasses which
 are  removed  for  processing.  When transporting untagged carcasses for
 processing, the bearer must have a  statement  signed  by  the  licensee
 stating  the number of carcasses transported and the name and address of
 the processor. The bearer must also have in his possession tags equal in
 number to the carcasses transported.  The  processor  or  bearer,  after
 picking  and  dressing the carcasses, shall affix the tags, furnished by
 the licensee, to each carcass.
 c. The licensee shall keep records of the number of tags  used.  If  a
 shooting  preserve  license  is  not renewed on its expiration date, all
 unused tags on inventory shall  be  returned  to  the  nearest  regional
 office  of  the  department not later than ten days after the expiration
 date of the license. There shall be no refund of money for such returned
 tags, which shall be immediately invalidated.
 d. The tagging required by this subdivision shall  constitute  compli-
 ance  with  the  tagging  requirements  of section 11-1721. Carcasses of
 domestic game birds, tagged as provided  in  this  subdivision,  may  be
 possessed  and transported by all licensees under this section, and they
 may be bought, sold and offered for sale  to  the  extent  permitted  by
 sections 11-1719 and 11-1723, except that no domestic duck, goose, brant
 or  swan  shall  be  bought, sold or killed by shooting unless marked as
 provided in subdivision 7 of this section] DOMESTIC GAME BIRD  CARCASSES
 AND  PARTS  SHALL  BE  IDENTIFIED AS REQUIRED BY SECTION 11-1721 OF THIS
 ARTICLE.
 

S 14. Subdivisions 1 and 6 of section  11-1905  of  the  environmental
 conservation  law,  the opening paragraph of subdivision 1 as amended by
 chapter 41 of the laws of 1973, paragraphs a and b of subdivision  1  as
 amended  by  chapter  528  of  the  laws of 1986, are amended to read as
 follows:

 1. The department may, in its discretion, issue to an owner or  lessee
 of  wholly  enclosed  lands  or  an entire island a domestic game animal
 breeder's license permitting him to possess and propagate domestic  game
 animals  provided  such  animals are confined and cared for according to
 specifications and regulations which the  department,  by  order,  shall
 adopt.  The license shall expire on March 31 [of each] EVERY FIFTH year.
 The department shall prescribe and furnish  forms  for  application  for
 such license. Applicants shall pay, and the department shall be entitled
 to receive, fees in accordance with the type of license issued.
 a.  Class  A  license, [fifty] TWO HUNDRED dollars. This license shall
 allow the holder thereof to purchase, possess, propagate, transport  and
 sell domestic game animals dead or alive.
 b.  Class B license, [ten] FORTY dollars. This license shall allow the
 holder thereof to purchase, possess and propagate domestic game  animals
 for  his own use. No animals may be sold, exchanged or given away except
 that portions of the carcass may be given away provided they  are  pack
 aged and the package bears the name and license number of the licensee.
 6.  [a.  The  department  shall  supply tags for Class A licenses, for
 which the licensees shall pay five cents each, which shall be affixed to
 
       A. 9058--C                         33
 each quarter and loin of each carcass of domestic game animals killed by
 Class A licensees and remain  so  affixed  until  the  game  is  finally
 prepared  for  consumption.  No  domestic game animal so killed, nor any
 portion of the carcass thereof, shall be possessed without such tag, and
 no person shall sell such quarter or loin without such tag attached.
 b.  The  tagging required by this subdivision shall constitute compli-
 ance with the tagging requirements of section 11-1721. Loins or quarters
 of domestic game animals, killed by Class  A  licensees  and  tagged  as
 provided in this subdivision, may be possessed, bought, sold and offered
 for sale, and transported as provided in section 11-1723 and may be sold
 and  offered  for  sale  by  the  holder of a Class A license under this
 section without the  game  dealer's  license  provided  for  in  section
 11-1719.]  DOMESTIC  GAME ANIMAL CARCASSES AND PARTS SHALL BE IDENTIFIED
 AS REQUIRED BY SECTION 11-1721 OF THIS ARTICLE.
 

S 15.

Section 11-1907 of the environmental conservation law is amended
 by adding a new subdivision 3 to read as follows:

 3. ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE DEPARTMENT  SHALL
 NOT ISSUE ANY NEW LICENSES PURSUANT TO THIS SECTION.
 

S 16. Subparagraph 4 of paragraph b of subdivision 2 and subdivision 6
 of section 11-1913 of the environmental conservation law, paragraph a of
 subdivision 6 as amended by chapter 528 of the laws of 1986, are amended
 to read as follows:

 (4)  specify the manner of [tagging] IDENTIFICATION OF fish taken from
 the licensed waters, and
 6. a. All trout, black bass, lake trout,  landlocked  salmon,  muskel
 lunge,  pike,  pickerel  and  walleye  taken  from  the licensed fishing
 preserve waters, shall  be  immediately  [tagged]  IDENTIFIED  ON  FORMS
 PROVIDED  BY  THE DEPARTMENT as prescribed in the license or by order of
 the department. [Such tags shall be furnished by the department and sold
 to the licensee at the cost of five cents per tag.]
 b. The [tag so affixed] IDENTIFICATION  FORM  shall  [not  be  removed
 from] ACCOMPANY the fish until the same is finally prepared for consump
 tion.
 c.  No  fish, required to be [tagged] IDENTIFIED as specified in para
 graph a of this subdivision, taken pursuant to  this  section  shall  be
 possessed  off  the  premises of the fishing preserve without such [tag]
 IDENTIFICATION FORM, and no person shall sell  such  fish  without  such
 [tag  attached,  except for scientific, exhibition or stocking purposes]
 IDENTIFICATION FORM.
 d. Fish taken from such fishing preserves and [tagged]  IDENTIFIED  as
 provided in this subdivision, may be possessed, bought, sold and offered
 for  sale, and transported without restriction. Fish raised or possessed
 under license issued under this section may be  sold  at  any  time  for
 scientific, exhibition, propagation or stocking purposes.
 

S 17. Subdivision 14 of section 13-0309 of the environmental conserva
 tion law, as amended by section 1 of part A of chapter 59 of the laws of
 2006, is amended to read as follows:

 14.  The  department,  until  April  first, two thousand [ten] SIXTEEN
 shall be entitled to collect fifteen cents per bushel of surf clams  and
 ten cents per bushel of ocean quahogs taken from all certified waters to
 be  deposited  in  the  surf  clam/ocean  quahog  account as provided in
 section eighty-three of the state finance law.
 

S 18. Subdivision 3 of section 11-0103 of the environmental  conserva
 tion law is amended to read as follows:

 3.  "Wild  game"  means  all  game,  except (a) domestic game bird and
 domestic game animal as defined  in  subdivision  4;  (b)  carcasses  of
 
       A. 9058--C                         34
 foreign  game  as  defined in section 11-1717, imported from outside the
 United States [and tagged as provided  in  section  11-1721];  (c)  game
 propagated  or  kept  alive in captivity as provided in section 11-1907;
 (d)  game imported alive pursuant to license of the department, or arti
 ficially propagated, until such game  is  liberated;  and  (e)  game  so
 imported  or  propagated when liberated for the purpose of a field trial
 and taken during the field trial for which it was liberated.
 

S 19. Subdivision 2 of section 11-1717 of the environmental  conserva
 tion law is amended to read as follows:

 2.  The  carcasses,  or  parts  thereof, of foreign game imported from
 outside the United States  may  be  bought  and  sold  [when  tagged  as
 required  in  section  11-1721,  subject  to  the  provisions of section
 11-1719 with respect to dealers' licenses].
 

S 20.

Section  11-0323  of  the  environmental  conservation  law,  as
 amended  by  chapter  84  of  the  laws  of  2010, is amended to read as
 follows:

 

S 11-0323. Publication of Fish and Wildlife Law.
 The department shall compile and index each year after the adjournment
 of the legislature the laws relating to fish and wildlife as amended  to
 date.  Copies  of  the  compilation shall be printed in pamphlet form of
 pocket size in the number for  which  the  legislature  may  appropriate
 funds.  The  department  shall  also prepare a syllabus of such laws and
 information informing migratory game bird hunters where they can  obtain
 information  regarding  open  seasons  and  bag limits and FEDERAL REGU
 LATIONS PURSUANT TO SECTIONS 11-1721 AND 11-1723. THE  DEPARTMENT  shall
 deliver  copies  to  county,  city,  town  and village clerks in numbers
 sufficient for the furnishing of one copy to each person to whom a hunt
 ing, trapping or fishing license is issued. Each such licensee shall  be
 entitled to one copy of such syllabus.
 

S  21. This act shall take effect immediately, except that if this act
 shall have become a law on or after April 1, 2012 this  act  shall  take
 effect  immediately  and  shall be deemed to have been in full force and
 effect on and after April 1,  2012;  provided  that  the  amendments  to
 subdivision  2  of section 11-0931 of the environmental conservation law
 made by section six of this act shall be subject to the  expiration  and
 reversion  of  such  subdivision  pursuant to chapter 483 of the laws of
 2010, as amended, when upon such date the provisions of section seven of
 this act shall take effect.
 PART I
 Intentionally Omitted
 PART J
 

Section 1. Paragraph f of subdivision 1  of  section  72-0402  of  the
 environmental  conservation  law,  as added by chapter 99 of the laws of
 2010, is amended to read as follows:

 f. In any case where a generator EITHER (I) recycles more than  ninety
 percent of the [amount] TOTAL TONS of hazardous waste or more than nine
 ty  percent  of the [amount] TOTAL TONS of hazardous wastewater WHICH it
 [produces in any] GENERATED DURING THAT calendar year, as  certified  to
 the commissioner, [upon which a fee is imposed pursuant to this section,
 any  such  fee  imposed  or to be imposed in such case] OR (II) RECYCLES
 MORE THAN FOUR THOUSAND TONS OF HAZARDOUS WASTE OR MORE THAN FOUR  THOU
 SAND  TONS  OF  HAZARDOUS WASTEWATER WHICH IT GENERATED IN THAT CALENDAR
 
       A. 9058--C                         35
 YEAR, AS CERTIFIED TO THE COMMISSIONER, THE FEE IMPOSED PURSUANT TO THIS
 SECTION shall be [determined] CALCULATED AND IMPOSED based upon the  net
 amount  of  hazardous  waste  or  THE NET AMOUNT OF hazardous wastewater
 generated[,  as  applicable,  which] THAT is not [so] recycled in [such]
 THAT calendar year, rather than  upon  the  gross  [amount]  AMOUNTS  of
 hazardous waste [or] AND hazardous wastewater generated in such calendar
 year.
 

S 2. This act shall take effect immediately and shall apply to hazard
 ous  waste  program  fee bills issued by the department of environmental
 conservation after January 1, 2012  for  hazardous  waste  or  hazardous
 wastewater generated during calendar year 2011 or later.
 PART K
 Intentionally Omitted
 PART L
 

Section 1.

Section 140 of the agriculture and markets law, as added by
 chapter 631 of the laws of 1955, subdivision 1 as amended by chapter 592
 of the laws of 2003, is amended to read as follows:

 

S 140. Samples;  publication  of results of tests. 1. The commissioner
 or his or her duly authorized  representatives  shall  take  samples  of
 seeds  [and  submit  them to the director of the New York state agricul-
 tural experiment station] for examination, analysis, and testing BY  THE
 DEPARTMENT. THE COMMISSIONER MAY CONTRACT WITH A QUALIFIED LABORATORY TO
 PERFORM SUCH EXAMINATION, ANALYSIS, AND TESTING. When the analysis of an
 official  sample  indicates that seed is mislabeled, the results of such
 analysis shall be provided to the person responsible for the labeling of
 the seed and, upon that person's request, made within  fifteen  days  of
 his  or  her  receipt  of  said  results, the commissioner or his or her
 authorized agent shall furnish such person with a portion of the  sample
 taken.
 2. [The director of the New York state agricultural experiment station
 shall  examine,  analyze,  or test, or cause to be examined, analyzed or
 tested such samples of seeds taken under the provisions of this  article
 as  shall  be submitted to him for that purpose by the commissioner, and
 shall report the results of such analysis, examination,  or  testing  to
 the  commissioner.  For  this  purpose  the  New York state agricultural
 experiment station may establish and maintain trial grounds and  a  seed
 laboratory  with  the  necessary  equipment,  and may employ experts and
 incur such expense as may be necessary to comply with  the  requirements
 of this article.
 3.]  From  time  to  time  the [New York state agricultural experiment
 station, in cooperation with the] department of agriculture and markets,
 shall make public the results of  examinations,  analyses,  trials,  and
 tests  of  any  sample  or samples so procured, together with such addi
 tional information as  circumstances  advise.  These  published  results
 shall be the property of the state of New York and shall not be used for
 advertising or regulatory purposes by any person or agency, governmental
 or otherwise without requested and granted permission of the commission
 er [of agriculture and markets].
 

S  2.   

Section 140-a of the agriculture and markets law, as added by
 chapter 631 of the laws of 1955, is amended to read as follows:

 

S 140-a. Provision for seed tests.  Any citizen of  this  state  shall
 have  the  privilege  of  submitting to the [New York state agricultural
 
       A. 9058--C                         36
 experiment station] DEPARTMENT samples of seeds for [test]  TESTING  and
 analysis subject to [such rules and regulations as may be adopted by the
 director  of said experiment station and approved by Cornell university]
 PAYMENT OF A FEE TO THE COMMISSIONER THAT SHALL, AT A MINIMUM, COVER THE
 FULL  COSTS OF THE SERVICES PROVIDED. ALL MONIES RECEIVED BY THE COMMIS
 SIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN AN ACCOUNT  WITHIN
 THE  MISCELLANEOUS  SPECIAL RECEIVE FUND AND SHALL BE USED TO DEFRAY THE
 EXPENSES INCIDENTAL TO CARRYING OUT  THE  SERVICES  AUTHORIZED  BY  THIS
 SECTION.
 

S 3. This act shall take effect immediately.
 PART M
 

Section 1.

Section 16 of the agriculture and markets law is amended by
 adding a new subdivision 25-d to read as follows:

 25-D. THE COMMISSIONER MAY ENTER INTO A CONTRACT OR COOPERATIVE AGREE
 MENT UNDER WHICH SERVICES RELATING TO FOOD SAFETY AND INSPECTION, ANIMAL
 HEALTH, INVASIVE SPECIES CONTROL, THE COLLECTION OF SAMPLES FOR RESEARCH
 STUDIES AND SIMILAR SERVICES RELATING TO THE DUTIES AND RESPONSIBILITIES
 OF  THE  DEPARTMENT  MAY  BE  MADE AVAILABLE TO FEDERAL AND OUT-OF-STATE
 ENTITIES WHEN, IN THE COMMISSIONER'S JUDGMENT, SUCH CONTRACT OR  COOPER
 ATIVE  AGREEMENT SHALL BE IN THE PUBLIC INTEREST AND SHALL NOT ADVERSELY
 AFFECT THE DEPARTMENT'S OBLIGATIONS UNDER THIS CHAPTER.  SUCH  CONTRACTS
 OR COOPERATIVE AGREEMENTS SHALL REQUIRE PAYMENT BY CONTRACTORS AND COOP
 ERATORS  OF, AT A MINIMUM, THE FULL COSTS OF THE SERVICES PROVIDED.  ALL
 MONEYS RECEIVED BY THE  COMMISSIONER  PURSUANT  TO  SUCH  CONTRACTS  AND
 AGREEMENTS  SHALL  BE  DEPOSITED  IN AN ACCOUNT WITHIN THE MISCELLANEOUS
 SPECIAL REVENUE FUND AND SHALL BE USED TO DEFRAY THE EXPENSES INCIDENTAL
 TO CARRYING OUT THE SERVICES AUTHORIZED BY THIS SUBDIVISION.
 

S 2. This act shall take effect immediately.
 PART N
 

Section 1.

Section 251-z-3 of the  agriculture  and  markets  law,  as
 amended  by  chapter  307  of  the laws of 2004, the second undesignated
 paragraph as amended by section 2 of part II of chapter 59 of  the  laws
 of 2009, is amended to read as follows:

 

S  251-z-3. Licenses; fees. No person shall maintain or operate a food
 processing establishment unless licensed biennially by the commissioner.
 Application for a license to operate  a  food  processing  establishment
 shall be made, upon a form prescribed by the commissioner[, on or before
 the  fifteenth  of  the month preceding the applicable license period as
 herein prescribed. The license period shall begin February fifteenth for
 applicants who apply for a license between February  fifteenth  and  May
 fourteenth, May fifteenth for applicants who apply for a license between
 May fifteenth and August fourteenth, August fifteenth for applicants who
 apply  for  a  license between August fifteenth and November fourteenth,
 and November fifteenth for applicants who apply for  a  license  between
 November  fifteenth and February fourteenth]. RENEWAL APPLICATIONS SHALL
 BE SUBMITTED TO THE COMMISSIONER AT  LEAST  THIRTY  DAYS  PRIOR  TO  THE
 COMMENCEMENT OF THE NEXT LICENSE PERIOD.
 The  applicant  shall  furnish  evidence of his or her good character,
 experience and competency, that the establishment has  adequate  facili
 ties and equipment for the business to be conducted, that the establish
 ment  is  such  that  the cleanliness of the premises can be maintained,
 that the product produced therein will not become  adulterated  and,  if
 
       A. 9058--C                         37
 the applicant is a retail food store, that the applicant has an individ
 ual in a position of management or control who has completed an approved
 food safety education program pursuant to section two hundred fifty-one
 z-twelve of this article. The commissioner, if so satisfied, shall issue
 to  the  applicant,  upon  payment  of  the  license fee of four hundred
 dollars,  a  license  to  operate  the  food  processing   establishment
 described  in  the  application.  However, the license fee shall be nine
 hundred dollars for a food processing establishment  determined  by  the
 commissioner,  pursuant to duly promulgated regulations, to require more
 intensive regulatory  oversight  due  to  the  volume  of  the  products
 produced,  the  potentially  hazardous nature of the product produced or
 the multiple number of processing operations conducted in the establish
 ment. The license application for retail food stores shall  be  accompa
 nied  by  documentation  in  a  form  approved by the commissioner which
 demonstrates that the food safety education program requirement has been
 met. The license shall take effect on the date of issuance and  continue
 [until  the  last day of the applicable license period set forth in this
 section] FOR TWO YEARS FROM SUCH DATE.
 [Notwithstanding any other provision  of  law  to  the  contrary,  the
 commissioner  is  hereby  authorized  and  directed to deposit all money
 received pursuant to this section in an account within the miscellaneous
 special revenue fund.]
 

S 2. Subdivision 4 of section 128-a of the agriculture and markets law
 is REPEALED and subdivisions 5, 6, 7, 8, 9 and 10 are renumbered  subdi
 visions 4, 5, 6, 7, 8 and 9.
 

S 3. Subdivision 3 of section 133-a of the agriculture and markets law
 is REPEALED.
 

S 4.

Section 90-b of the state finance law is REPEALED.
 

S 5. This act shall take effect immediately.
 PART O
 

Section 1. Notwithstanding any law to the contrary, the comptroller is
 hereby  authorized  and directed to receive for deposit to the credit of
 the general fund the amount of up to $913,000 from the  New  York  state
 energy research and development authority.
 

S  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2012.
 PART P
 

Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
 laws of 2012 to the energy research and development authority, under the
 research, development and demonstration program, from the special reven
 ue  funds - other/state operations, miscellaneous special revenue fund
 339, energy research and planning account, and special revenue  funds
 other/aid to localities, miscellaneous special revenue fund - 339, ener
 gy  research  and planning account shall be subject to the provisions of
 this section. Notwithstanding  the  provisions  of  subdivision  4-a  of
 section 18-a of the public service law, all moneys committed or expended
 shall  be reimbursed by assessment against gas corporations and electric
 corporations as defined in section 2 of the public service law, and  the
 total  amount  which may be charged to any gas corporation and any elec
 tric corporation shall not exceed one cent per one thousand  cubic  feet
 of  gas sold and .010 cent per kilowatt-hour of electricity sold by such
 corporations in their intrastate utility  operations  in  calendar  year
 
       A. 9058--C                         38
 2010.  Such  amounts  shall  be  excluded  from  the  general assessment
 provisions of subdivision 2 of section 18-a of the public  service  law,
 but shall be billed and paid in the manner set forth in such subdivision
 and  upon  receipt shall be paid to the state comptroller for deposit in
 the state treasury for credit to the miscellaneous special revenue fund.
 The director of the budget shall not issue  a  certificate  of  approval
 with  respect  to the commitment and expenditure of moneys hereby appro
 priated until the chair of such authority shall have submitted, and  the
 director  of  the  budget shall have approved, a comprehensive financial
 plan encompassing all moneys available to and  all  anticipated  commit
 ments  and  expenditures by such authority from any source for the oper
 ations of such authority. Copies of the approved comprehensive financial
 plan shall be immediately submitted by the director of the budget to the
 chairs and secretaries of the legislative fiscal committees.
 

S 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2012.
 PART Q
 Intentionally omitted
 PART R
 

Section  1.

Section 2 of chapter 393 of the laws of 1994, amending the
 New York state urban development corporation act, relating to the powers
 of the New York state urban development corporation to  make  loans,  as
 amended  by  section  1  of part G of chapter 60 of the laws of 2011, is
 amended to read as follows:

 

S 2. This act shall take effect immediately  provided,  however,  that
 section  one  of  this act shall expire on July 1, [2012] 2013, at which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban development corporation act shall be  deemed  repealed;  provided,
 however,  that neither the expiration nor the repeal of such subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any loan made pursuant to the authority of  such  subdivision  prior  to
 such expiration and repeal.
 

S  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2012.
 PART S
 

Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
 of  the  laws of 1968, constituting the New York state urban development
 corporation act, as amended by section 1 of part KK of chapter 59 of the
 laws of 2008, is amended to read as follows:

 3. The provisions of this section shall  expire,  notwithstanding  any
 inconsistent provision of subdivision 4 of section 469 of chapter 309 of
 the  laws  of  1996  or  of any other law, [upon the effective date of a
 chapter of the laws of 2009 which appropriates funds for  the  principal
 support  of  the  urban  development corporation for the 2009-2010 state
 fiscal year] ON APRIL 1, 2013.
 

S 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2009.
 PART T
 Intentionally omitted
 
       A. 9058--C                         39
 PART U
 

Section  1.  Subdivision 1 of section 218 of the state finance law, as
 amended by chapter 424 of the laws  of  2009,  is  amended  to  read  as
 follows:

 1.  Linked  loans  made  to certified businesses in empire zones or to
 eligible businesses in highly distressed areas or to eligible businesses
 that are defined in paragraph (b-1) of subdivision eleven of section two
 hundred thirteen of this article that are located in a renewal community
 or defined in paragraph (b-2) of such subdivision that are located in an
 empowerment zone or defined in paragraph (b-3) of such subdivision  that
 are  located  in  an  enterprise  community,  respectively  for eligible
 projects defined in paragraph (c) of subdivision twelve of  section  two
 hundred thirteen of this article or to minority- or women-owned business
 enterprises for an eligible project defined in paragraph (e) of subdivi
 sion  twelve  of  section  two  hundred thirteen of this article or to a
 defense industry manufacturer for a project defined in paragraph (d)  of
 subdivision twelve of section two hundred thirteen of this article OR TO
 AN  ELIGIBLE BUSINESS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ELEVEN OF
 SECTION TWO HUNDRED THIRTEEN OF  THIS  ARTICLE  THAT  PRODUCES  PRODUCTS
 DEFINED  IN SUBDIVISION TWO OF SECTION THREE HUNDRED ONE OF THE AGRICUL
 TURE AND MARKETS LAW FOR AN ELIGIBLE PROJECT AS DEFINED IN PARAGRAPH (B)
 OF SUBDIVISION TWELVE OF SECTION TWO HUNDRED THIRTEEN  OF  THIS  ARTICLE
 shall  bear  interest  at  a fixed rate equal to three percentage points
 below the fixed interest rate the lender would have charged for the loan
 in the absence of a linked deposit based on its usual  credit  consider
 ations.    All  other  linked  loans shall bear interest at a fixed rate
 equal to two percentage points below the fixed interest rate the  lender
 would have charged for the loan in the absence of a linked deposit based
 on its usual credit considerations. Lenders shall certify to the commis
 sioner  of  economic development that the rate to be charged on a linked
 loan is two percentage points or three percentage points,  as  the  case
 may  be,  below  the interest rate the lender would have charged for the
 loan in the absence of a linked deposit.
 

S 2.  Paragraph (a) of subdivision 11 and paragraph (b) of subdivision
 12 of section 213 of the state finance law, as added by chapter  705  of
 the laws of 1993, are amended to read as follows:

 (a)  a  manufacturing firm OR AGRICULTURAL BUSINESS which employs five
 hundred or fewer employees within the state on a full-time basis; or
 (b) for manufacturing, AGRICULTURAL and service firms, projects  which
 involve  the  preparation  of strategic plans for improving productivity
 and competitiveness; the introduction  of  modern  equipment  and/or  an
 expansion  of  facilities as part of a modernization plan; the introduc
 tion of advanced  technologies  to  improve  productivity  and  quality;
 improvements  in production processes and operations, INCLUDING AGRICUL
 TURAL OPERATIONS; introduction of  computerized  information,  reporting
 and control systems; reorganization or improvement of work place systems
 and  the  introduction  of  total  quality  and  employee  participation
 programs; development and introduction of new  products;  identification
 and  development  of  new markets, including entry into foreign markets;
 financial restructuring for purposes of  enabling  modernization  activ
 ities; buyouts of viable companies by employees or local owners residing
 in  the state; and the provision of working capital for other moderniza
 tion activities that will improve the competitiveness  and  productivity
 of a firm and result in the creation or retention of jobs; or
 

S 3. This act shall take effect immediately.
 
       A. 9058--C                         40
 PART V
 

Section  1.  Notwithstanding  any other law, rule or regulation to the
 contrary, expenses of the department of health public service  education
 program  incurred  pursuant  to appropriations from the cable television
 account of the state miscellaneous special revenue funds shall be deemed
 expenses of the department of public service.
 

S 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2012.
 PART W
 

Section 1. Subdivision 10 of section 89-h of the general business law,
 as  amended  by  chapter  699 of the laws of 2004, is amended to read as
 follows:

 10. Fees: pay (a) a fee of [thirty-six] SEVENTY-TWO dollars for  proc
 essing  of  the  application, investigation of the applicant and for the
 initial [biennial] FOUR YEAR registration period.  Such  fees  shall  be
 deposited  to  the credit of the business and licensing services account
 established pursuant to the provisions of section ninety-seven-y of  the
 state  finance  law;  and  (b)  a fee pursuant to subdivision eight-a of
 section eight hundred thirty-seven of the executive law, and  amendments
 thereto,  for  the  cost of the division's full search and retain proce
 dures, and a fee as determined by the federal  bureau  of  investigation
 for  the  cost of its fingerprint search procedures, which fees shall be
 remitted by the department to the division and federal bureau of  inves
 tigation; and
 

S  2.  Subdivision  1  of section 89-m of the general business law, as
 added by chapter 336 of the laws of 1992, is amended to read as follows:

 1. Registration cards shall expire [two] FOUR years from the  date  of
 issuance  or  last  renewal  as the case may be. Not less than sixty nor
 more than ninety days prior to the expiration  date  of  a  registration
 card,  the  department  shall  mail to each registrant at his last known
 address, notice of renewal and a registration renewal form. Registration
 cards shall not be renewed unless not more  than  sixty  nor  less  than
 thirty  days  prior to the expiration date of the registration card, the
 holder submits to the department, a registration renewal form  sworn  to
 or  affirmed  by the holder under the penalty of perjury together with a
 [biennial] renewal fee in the  amount  of  [twenty-five]  FIFTY  dollars
 payable  to  the department and a certificate certifying that the holder
 has satisfactorily completed the  required  annual  in-service  training
 courses as prescribed by the commissioner pursuant to subdivision one of
 section  eight  hundred  forty-one-c  of  the  executive law. Unless the
 department determines the existence  of  facts  which  would  constitute
 cause  for  denial,  revocation  or  suspension of the registration card
 pursuant to this article, it shall renew the registration  card.  Denial
 of renewal hereunder shall be reviewable by an administrative hearing as
 set  forth  in  section  seventy-nine of this chapter. The [twenty-five]
 FIFTY dollar [biennial] renewal fee collected by the department shall be
 deposited to the licensing  examinations  services  account  established
 pursuant  to  the  provisions of section 97-aa of the state finance law.
 Notice that a registration card has expired  or  has  not  been  renewed
 pursuant  to  this section shall be given by the secretary to the holder
 of such registration card and to the security  guard  company  by  which
 such holder was employed at the time of such expiration or non-renewal.
 
       A. 9058--C                         41
 

S  3.  Subdivision 2 and paragraph (a) of subdivision 3 of section 441
 of the real property law, subdivision 2 as amended by chapter 81 of  the
 laws  of  1995  and paragraph (a) of subdivision 3 as amended by chapter
 474 of the laws of 2007, are amended to read as follows:

 2.  Renewals.  Any  license  granted under the provision hereof may be
 renewed by the department upon application therefor by the holder there
 of, in such form as the department may prescribe and conforming  to  the
 requirements  of  section  3-503  of  the  general  obligations law, and
 payment of the fee for such license. In case of application for  renewal
 of  license,  the  department  may dispense with the requirement of such
 statements as it deems unnecessary in view of  those  contained  in  the
 original  application for license but may not dispense with the require
 ments of section 3-503 of the general obligations law. A renewal  period
 within  the meaning of this act is considered as being a period of [two]
 FOUR years from the date of expiration of a previously  issued  license.
 The  department  shall  require  any  applicant,  who does not apply for
 renewal of license within such period, to qualify by passing the written
 examination as provided herein, and may require any licensee who has not
 yet passed the written examination, and who cannot reasonably  prove  to
 the  satisfaction  of  the  department,  that he can meet the competency
 requirements, to pass  the  written  examination  before  a  renewal  of
 license shall be granted; provided, however, that a person who failed or
 was unable to renew his license by reason of his induction or enlistment
 in  the  armed forces of the United States shall not be required to take
 or pass such examination.
 (a) No renewal license shall be issued any licensee under this article
 for any license period  commencing  [November  first,  nineteen  hundred
 ninety-five]  APRIL  FIRST,  TWO THOUSAND SEVENTEEN unless such licensee
 shall have within the [two] FOUR year period immediately preceding  such
 renewal  attended  at  least  [twenty-two and one-half] FORTY-FIVE hours
 which shall include at least [three] SIX hours of instruction pertaining
 to fair housing and/or discrimination in the  sale  or  rental  of  real
 property  or  an  interest in real property and successfully completed a
 continuing education real estate  course  or  courses  approved  by  the
 secretary of state as to method, content and supervision, which approval
 may be withdrawn if in the opinion of the secretary of state such course
 or  courses  are  not being conducted properly as to method, content and
 supervision.  APPLICANTS WITH A LICENSE EXPIRING PRIOR TO  APRIL  FIRST,
 TWO  THOUSAND FIFTEEN, SHALL HAVE WITHIN THE TWO YEAR PERIOD IMMEDIATELY
 PRECEDING SUCH RENEWAL ATTENDED AT LEAST TWENTY-TWO AND  ONE-HALF  HOURS
 WHICH  SHALL  INCLUDE  AT LEAST THREE HOURS OF INSTRUCTION PERTAINING TO
 FAIR HOUSING AND/OR DISCRIMINATION IN THE SALE OR RENTAL OF REAL PROPER
 TY OR AN INTEREST IN REAL PROPERTY AND SUCCESSFULLY COMPLETED A CONTINU
 ING EDUCATION REAL ESTATE COURSE OR COURSES APPROVED BY THE SECRETARY OF
 STATE AS TO METHOD, CONTENT AND SUPERVISION, WHICH APPROVAL MAY BE WITH
 DRAWN IF IN THE OPINION OF THE SECRETARY OF STATE SUCH COURSE OR COURSES
 ARE NOT BEING CONDUCTED PROPERLY AS TO METHOD, CONTENT AND  SUPERVISION.
 The  licensee  shall  provide  an affidavit, in a form acceptable to the
 department of state, establishing the nature of the continuing education
 acquired and shall provide such further proof as required by the depart
 ment of state. The provisions of this paragraph shall not apply  to  any
 licensed  real estate broker who is engaged full time in the real estate
 business and who has been licensed under  this  article  prior  to  July
 first,  two  thousand eight for at least fifteen consecutive years imme
 diately preceding such renewal.
 
       A. 9058--C                         42
 

S 4. Subdivisions 2 and 7 of section 441-a of the real  property  law,
 subdivision 2 as amended by chapter 324 of the laws of 1998 and subdivi
 sion  7  as  amended  by chapter 497 of the laws of 1985, are amended to
 read as follows:

 2.  Terms.  A  license issued or reissued under the provisions of this
 article shall entitle  the  person,  co-partnership,  limited  liability
 company or corporation to act as a real estate broker, or, if the appli
 cation  is for a real estate salesman's license, to act as a real estate
 salesman in this state [up to and  including  the  thirty-first  day  of
 October  of  the  year  in which the license by its terms expires] FOR A
 PERIOD OF FOUR YEARS FOLLOWING THE ISSUANCE OF SAID LICENSE.
 7. License term. From and after the date when this  subdivision  shall
 take  effect,  the  term for which a license shall be issued or reissued
 under this article shall be a period of [two] FOUR years.
 

S 5. Subdivision 1 of section 441-b  of  the  real  property  law,  as
 amended  by  chapter  324  of  the  laws  of 1998, is amended to read as
 follows:

 1. The fee for a license issued or reissued under  the  provisions  of
 this  article  entitling  a  person,  co-partnership,  limited liability
 company or corporation to act as a real  estate  broker  shall  be  [one
 hundred  fifty]  THREE  HUNDRED dollars. The fee for a license issued or
 reissued under the provisions of this article entitling a person to  act
 as  a  real  estate  salesman  shall  be  [fifty]  ONE  HUNDRED dollars.
 Notwithstanding the provisions of  subdivision  seven  of  section  four
 hundred  forty-one-a  of  this  article,  after  January first, nineteen
 hundred eighty-six, the secretary of state shall assign staggered  expi
 ration  dates for outstanding licenses that have been previously renewed
 on October thirty-first of each  year  from  the  assigned  date  unless
 renewed.  [If  the  assigned date results in a term that exceeds twenty-
 four months, the applicant shall pay an additional  prorated  adjustment
 together  with  the  regular  renewal fee.] The secretary of state shall
 assign dates to existing licenses in a manner which shall  result  in  a
 term of not less than [two] FOUR years.
 

S  6.  This act shall take effect immediately; provided, however, that
 sections three, four and five of this act shall  take  effect  April  1,
 2013.
 PART X
 Intentionally Omitted
 PART Y
 

Section  1.

Section 308 of the racing, pari-mutuel wagering and breed
 ing law is amended to read as follows:

 

S 308. Officials at harness horse race meetings.  At all harness  race
 meetings  licensed  by the state racing and wagering board in accordance
 with the provisions of sections two  hundred  twenty-two  through  seven
 hundred  five  of  this  chapter  qualified judges and [starters] RACING
 OFFICIALS shall be designated by the state racing  and  wagering  board.
 THE  LICENSED  RACING  ASSOCIATIONS  AND  CORPORATIONS  SHALL EMPLOY AND
 APPOINT ONE ASSOCIATE JUDGE AND THE STARTER TO  SERVE  AT  HARNESS  RACE
 MEETINGS,  SUBJECT  TO WRITTEN APPROVAL OF THE STATE RACING AND WAGERING
 BOARD BEFORE ENTERING UPON THE DISCHARGE OF THEIR DUTIES. Such officials
 shall enforce the rules and regulations of the state racing and wagering
 board and shall render regular written reports  of  the  activities  and
 
       A. 9058--C                         43
 conduct  of  such  race meetings to the state racing and wagering board,
 PROVIDED HOWEVER, THAT THE JUDGES AND STARTERS EMPLOYED  BY  THE  RACING
 ASSOCIATION  OR  CORPORATION SHALL NOT HAVE THE POWER TO IMPOSE FINES OR
 ISSUE SUSPENSIONS OF OCCUPATIONAL RACING LICENSES.
 

S 2. Subdivision 8 of section 73 of the public officers law is amended
 by adding a new paragraph (j) to read as follows:

 (J)  THE  PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF
 THIS SUBDIVISION SHALL NOT APPLY TO ANY PERSON AS A RESULT OF HIS OR HER
 EMPLOYMENT BY THE NEW YORK STATE RACING AND WAGERING BOARD IN THE  CIVIL
 SERVICE  TITLE OF STARTER OR ASSOCIATE JUDGE WHOSE EMPLOYMENT WAS TERMI
 NATED WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH AS A
 RESULT OF THE ABOLITION OF HIS OR HER POSITION.
 

S 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 PART Z
 

Section 1.  The agriculture and markets law is amended by adding a new
 article 21-A to read as follows:

 ARTICLE 21-A
 DAIRY RESEARCH AND EDUCATION
 SECTION 258-S. LEGISLATIVE DECLARATION.
 258-T. DEFINITIONS.
 258-U. POWERS AND DUTIES OF THE COMMISSIONER.
 258-V. RULES AND REGULATIONS; ENFORCEMENT.
 

S  258-S.    LEGISLATIVE  DECLARATION.  IT IS HEREBY DECLARED THAT THE
 DAIRY INDUSTRY IS OF VITAL SIGNIFICANCE TO THE STATE'S  ECONOMY,  SOCIAL
 FABRIC,  AND  WELFARE  OF  

THE PEOPLE OF THIS STATE, AND THAT RESEARCH,
 EDUCATION AND DEVELOPMENT ASSOCIATED WITH DAIRY PRODUCTION IS IMPERATIVE
 TO ENSURE THAT THE STATE'S DAIRY FARMS AND INDUSTRY  REMAIN  COMPETITIVE
 AND  PROFITABLE.  IT  IS THEREFORE DECLARED TO BE THE LEGISLATIVE INTENT
 AND POLICY OF THE STATE:

 1. TO ENABLE MILK PRODUCERS AND OTHERS IN THE DAIRY INDUSTRY, WITH THE
 AID OF THE STATE, TO MORE ECONOMICALLY AND EFFECTIVELY PRODUCE MILK  AND
 DAIRY PRODUCTS,
 2.  TO  PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW, IMPROVED
 OR INNOVATIVE DAIRY INDUSTRY PRODUCTION PRACTICES, AND TO PROMOTE  THEIR
 USE, AND
 3. TO IMPROVE THE ECONOMIC STRENGTH, FARM PROFITABILITY AND WELL-BEING
 OF  THE  MILK  PRODUCERS  OF THIS STATE THROUGH APPLIED RESEARCH, FARMER
 EDUCATION AND TRAINING.
 

S 258-T. DEFINITIONS. 1. "ADVISORY BOARD" MEANS THE PERSONS  APPOINTED
 BY THE COMMISSIONER FROM NOMINATIONS FROM PRODUCERS AS HEREIN DEFINED TO
 ASSIST  THE COMMISSIONER IN ADMINISTERING A DAIRY RESEARCH AND EDUCATION
 ORDER.
 2. "AREA" MEANS THE ENTIRE GEOGRAPHIC AREA OF THE STATE OF NEW YORK.
 3. "COMMISSIONER" MEANS THE COMMISSIONER OF AGRICULTURE AND MARKETS OF
 THE STATE OF NEW YORK.
 4. "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE  OF
 MILK  PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER
 STATE, HAVING AGREEMENTS WITH ITS PRODUCER MEMBERS  TO  MARKET,  BARGAIN
 FOR  OR  SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE
 OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED  BY  ITS
 MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER
 ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP.
 5. "DAIRY PRODUCTS" MEANS MILK AND PRODUCTS DERIVED THEREFROM.
 
       A. 9058--C                         44
 6.  "DAIRY  RESEARCH AND EDUCATION ORDER" MEANS AN ORDER ISSUED BY THE
 COMMISSIONER, PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
 7 "MILK" MEANS COW'S MILK.
 8. "MILK DEALER" MEANS ANY PERSON WHO PURCHASES OR HANDLES OR RECEIVES
 OR  SELLS MILK, INCLUDING INDIVIDUALS, PARTNERSHIPS, CORPORATIONS, COOP
 ERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE ASSOCIATIONS.
 9. "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO  IS  ENGAGED  IN  THE
 PRODUCTION OF MILK FOR COMMERCIAL USE.
 

S  258-U. POWERS AND DUTIES OF THE COMMISSIONER. 1. IN ORDER TO EFFEC
 TUATE THE DECLARED POLICY OF THIS ARTICLE, THE COMMISSIONER  MAY,  AFTER
 DUE  NOTICE AND OPPORTUNITY FOR HEARING, MAKE AND ISSUE A DAIRY RESEARCH
 AND EDUCATION ORDER.
 2. SUCH ORDER SHALL BE ISSUED AND AMENDED OR TERMINATED IN  ACCORDANCE
 WITH THE FOLLOWING PROCEDURES:

 (A)  BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT MUST BE APPROVED BY
 FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK VOTING IN  THE  REFERENDUM
 FOR  THE  AREA  TO BE REGULATED BY SUCH ORDER. SUCH REFERENDUM SHALL NOT
 CONSTITUTE VALID APPROVAL  UNLESS  FIFTY-ONE  PER  CENTUM  OF  ALL  MILK
 PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM. PRODUCERS
 MAY  VOTE  BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPERATIVES IN ACCORD
 ANCE WITH THE FOLLOWING PROCEDURES:

 (I) COOPERATIVES MAY SUBMIT WRITTEN APPROVAL OF SUCH  ORDER  WITHIN  A
 PERIOD  OF NINETY DAYS AFTER THE COMMISSIONER HAS ANNOUNCED A REFERENDUM
 ON A PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND CERTIFIED  TO
 THE COMMISSIONER AS MEMBERS OF SUCH COOPERATIVE, PROVIDED, HOWEVER, THAT
 ANY  COOPERATIVE  BEFORE  SUBMITTING SUCH WRITTEN APPROVAL SHALL GIVE AT
 LEAST THIRTY DAYS PRIOR WRITTEN NOTICE  TO  EACH  PRODUCER  WHO  IS  ITS
 MEMBER,  OF  THE  INTENTION  OF THE COOPERATIVE TO APPROVE SUCH PROPOSED
 ORDER, AND FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT  INTEND  TO
 APPROVE  SUCH  PROPOSED  ORDER, IT SHALL LIKEWISE GIVE WRITTEN NOTICE TO
 EACH SUCH PRODUCER WHO IS ITS MEMBER, OF ITS INTENTION NOT TO APPROVE OF
 SUCH PROPOSED ORDER.
 (II) IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED REGARDING
 A PROPOSED ORDER, THE COMMISSIONER SHALL NOTIFY ALL MILK PRODUCERS  THAT
 AN  ORDER  IS  BEING  CONSIDERED  AND  THAT  EACH  PRODUCER MAY REGISTER
 APPROVAL OR DISAPPROVAL WITH THE COMMISSIONER EITHER DIRECTLY OR THROUGH
 THE PRODUCER'S COOPERATIVE.
 (III) ANY PRODUCER MAY OBTAIN A BALLOT FROM THE COMMISSIONER IN  ORDER
 TO  REGISTER  HIS  OR  HER  OWN  APPROVAL OR DISAPPROVAL OF THE PROPOSED
 ORDER.   INDIVIDUAL BALLOTS SHALL BE  CONSIDERED  CONFIDENTIAL  AND  NOT
 SUBJECT  TO  PUBLIC DISCLOSURE, EXCEPT SUCH BALLOTS SHALL NOT BE CONSID
 ERED CONFIDENTIAL AS DEEMED NECESSARY BY THE COMMISSIONER  TO  IMPLEMENT
 THE PURPOSES OF THIS ARTICLE.
 (IV) A PRODUCER WHO IS A MEMBER OF A COOPERATIVE THAT HAS NOTIFIED THE
 PRODUCER  OF  ITS  INTENT TO APPROVE OR NOT TO APPROVE A PROPOSED ORDER,
 AND WHO OBTAINS A BALLOT AND WITH  SUCH  BALLOT  EXPRESSES  APPROVAL  OR
 DISAPPROVAL  OF  THE PROPOSED ORDER, SHALL NOTIFY THE COMMISSIONER AS TO
 THE NAME OF THE COOPERATIVE OF WHICH THE PRODUCER IS A MEMBER,  AND  THE
 COMMISSIONER  SHALL  REMOVE SUCH PRODUCER'S NAME FROM THE LIST CERTIFIED
 BY SUCH COOPERATIVE.
 (V) THE COMMISSIONER MAY APPOINT A REFERENDUM  ADVISORY  COMMITTEE  TO
 ASSIST AND ADVISE IN THE CONDUCT OF THE REFERENDUM. SUCH COMMITTEE SHALL
 REVIEW  REFERENDUM  PROCEDURES  AND THE TABULATION OF RESULTS, AND SHALL
 ADVISE THE COMMISSIONER OF ITS FINDINGS. THE FINAL CERTIFICATION OF  THE
 REFERENDUM  RESULTS  SHALL  BE  MADE  BY THE COMMISSIONER. THE COMMITTEE
 SHALL CONSIST OF NOT LESS THAN THREE MEMBERS,  NONE  OF  WHOM  SHALL  BE
 
       A. 9058--C                         45
 PERSONS  DIRECTLY  AFFECTED BY THE PROPOSED DAIRY RESEARCH AND EDUCATION
 ORDER. TWO MEMBERS SHALL BE REPRESENTATIVES OF  GENERAL  FARM  ORGANIZA
 TIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE PROPOSED ORDER. THE MEMBERS
 OF  THE  COMMITTEE  SHALL  NOT RECEIVE A SALARY BUT SHALL BE ENTITLED TO
 ACTUAL AND REASONABLE EXPENSES INCURRED  IN  THE  PERFORMANCE  OF  THEIR
 DUTIES.
 3.  THE  COMMISSIONER  SHALL  ADMINISTER  AND  ENFORCE  ANY SUCH DAIRY
 RESEARCH AND EDUCATION ORDER WHILE IT IS IN EFFECT, TO:

 (A) ENCOURAGE THE STABILITY AND CONTINUED GROWTH OF THE  DAIRY  INDUS
 TRY,
 (B)  PROVIDE  FOR  RESEARCH AND EDUCATION PROGRAMS DESIGNED TO IMPROVE
 MILK PRODUCTION AND FARM PROFITABILITY,
 (C) CARRY OUT, IN OTHER WAYS, THE DECLARED POLICY AND INTENT  OF  THIS
 ARTICLE.
 4.  THE  COMMISSIONER  MAY, AND UPON WRITTEN PETITION OF NOT LESS THAN
 TWENTY-FIVE PER CENTUM OF THE PRODUCERS IN THE AREA, EITHER AS  INDIVID
 UALS  OR  THROUGH  COOPERATIVE  REPRESENTATION,  SHALL CALL A HEARING TO
 CONSIDER AMENDING OR TERMINATING SUCH ORDER, AND ANY SUCH  AMENDMENT  OR
 TERMINATION  SHALL  BE  EFFECTIVE  ONLY  UPON  APPROVAL OF FIFTY-ONE PER
 CENTUM OF THE PRODUCERS OF MILK FOR THE AREA REGULATED PARTICIPATING  IN
 A  REFERENDUM  VOTE  AS  PROVIDED  PURSUANT  TO  SUBDIVISION TWO OF THIS
 SECTION.
 5. THE COMMISSIONER SHALL PREPARE A BUDGET FOR THE ADMINISTRATION  AND
 OPERATING  COSTS  AND  EXPENSES  ASSOCIATED  WITH ANY DAIRY RESEARCH AND
 EDUCATION ORDER ISSUED PURSUANT TO THIS ARTICLE.
 6. ANY DAIRY RESEARCH AND EDUCATION ORDER ISSUED BY  THE  COMMISSIONER
 PURSUANT TO THIS ARTICLE MAY CONTAIN ANY OR ALL OF THE FOLLOWING:

 (A) PROVISIONS FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS SUBJECT
 TO  THE ORDER FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS AND PAYING
 THE COSTS OF ADMINISTERING AND ENFORCING SUCH ORDER. IN ORDER TO COLLECT
 ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH MILK  DEALER  WHO
 RECEIVES  MILK  FROM  PRODUCERS  TO DEDUCT THE AMOUNT OF ASSESSMENT FROM
 MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIVERED. THE RATE OF
 SUCH ASSESSMENT SHALL NOT EXCEED ONE-TENTH OF ONE PERCENT  PER  HUNDRED
 WEIGHT OF THE AVERAGE STATISTICAL UNIFORM PRICE FOR THE NORTHEAST FEDER
 AL  MILK  MARKETING  ORDER, OR ANY SUCCESSOR THERETO, AT ONONDAGA COUNTY
 FOR THE PRECEDING YEAR. NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION
 TWO  OF THIS SECTION, THE COMMISSIONER, UPON WRITTEN PETITION OF NO LESS
 THAN TWENTY-FIVE PERCENT OF PRODUCERS IN THE AREA, EITHER AS INDIVIDUALS
 OR THROUGH COOPERATIVE REPRESENTATION, MAY CALL A HEARING FOR  THE  SOLE
 PURPOSE  OF  CONSIDERING ESTABLISHING A NEW RATE OF ASSESSMENT HEREUNDER
 AND MAY SUBMIT A PROPOSED CHANGE  IN  THE  RATE  OF  ASSESSMENT  TO  THE
 PRODUCERS  FOR  ACCEPTANCE  OR REJECTION WITHOUT OTHERWISE AFFECTING THE
 ORDER. THE PRODUCERS IN THE AREA MAY VOTE ON THE PROPOSED RATE EITHER AS
 INDIVIDUALS OR THOROUGH COOPERATIVE REPRESENTATION.
 (B) PROVISIONS FOR PAYMENTS TO INSTITUTIONS OR  ORGANIZATIONS  ENGAGED
 IN  RESEARCH  LEADING  TO THE DEVELOPMENT OF NEW, INNOVATIVE OR IMPROVED
 PRACTICES OR METHODS FOR DAIRY PRODUCTION AND FARM PROFITABILITY.
 (C) PROVISIONS FOR PAYMENTS TO INSTITUTIONS OR  ORGANIZATIONS  ENGAGED
 IN  EDUCATIONAL  ACTIVITIES  TO  PROMOTE  THE  USE OF NEW, INNOVATIVE OR
 IMPROVED PRACTICES OR METHODS FOR DAIRY PRODUCTION AND FARM  PROFITABIL
 ITY.
 (D)  PROVISIONS  FOR  COLLABORATION WITH PRO DAIRY AND OTHER ORGANIZA
 TIONS AND PROGRAMS THAT SUPPORT AND PROMOTE NEW YORK'S DAIRY INDUSTRY.
 
       A. 9058--C                         46
 (E) PROVISIONS FOR REQUIRING RECORDS TO BE  KEPT  AND  REPORTS  TO  BE
 FILED  BY  MILK DEALERS WITH RESPECT TO MILK RECEIVED FROM PRODUCERS AND
 WITH RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS.
 (F)  PROVISIONS  FOR  THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS
 FOR THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS.
 (G) PROVISIONS FOR AN ADVISORY BOARD AS HEREINAFTER INDICATED.
 (H) SUCH OTHER PROVISIONS  AS  MAY  BE  NECESSARY  TO  EFFECTUATE  THE
 DECLARED POLICES OF THIS ARTICLE.
 7. THE COMMISSIONER MAY TEMPORARILY SUSPEND THE OPERATION OF AN EFFEC
 TIVE  DAIRY  RESEARCH AND EDUCATION ORDER FOR A CONTINUING PERIOD OF NOT
 LONGER THAN ONE YEAR, IF THE PURPOSES OF THIS ARTICLE ARE DEEMED  UNNEC
 ESSARY DURING SUCH YEAR.
 8.  PRIOR  TO  THE  ISSUANCE,  AMENDMENT  OR  TERMINATION OF ANY DAIRY
 RESEARCH AND EDUCATION ORDER, THE COMMISSIONER MAY REQUIRE THE PETITION
 ERS FOR SUCH ISSUANCE, AMENDMENT OR TERMINATION TO DEPOSIT WITH  HIM  OR
 HER  SUCH  AMOUNT AS HE OR SHE MAY DEEM NECESSARY TO DEFRAY THE EXPENSES
 OF PREPARING AND MAKING EFFECTIVE, AMENDING OR  TERMINATING  THE  ORDER.
 SUCH FUNDS SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE COMMISSION
 ER IN THE SAME MANNER AS OTHER MONEYS RECEIVED BY THE COMMISSIONER UNDER
 THIS  ARTICLE  AND, IN THE EVENT THE APPLICATION FOR ADOPTION, AMENDMENT
 OR TERMINATION OF A RESEARCH AND EDUCATION ORDER IS APPROVED IN A REFER
 ENDUM, THE COMMISSIONER SHALL REIMBURSE ANY SUCH APPLICANT IN THE AMOUNT
 OF ANY SUCH DEPOSIT FROM  ANY  UNEXPENDED  MONIES  COLLECTED  UNDER  THE
 RESEARCH ORDER AFFECTED BY SUCH REFERENDUM.
 9.  ANY  MONEYS COLLECTED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE
 SHALL NOT BE DEEMED STATE FUNDS AND SHALL BE  DEPOSITED  IN  A  BANK  OR
 OTHER  DEPOSITORY IN THIS STATE, APPROVED BY THE COMMISSIONER, AND SHALL
 BE DISBURSED  BY  THE  COMMISSIONER  ONLY  FOR  THE  NECESSARY  EXPENSES
 INCURRED  BY  THE COMMISSIONER WITH RESPECT TO THE ORDER, ALL IN ACCORD
 ANCE WITH THE RULES  AND  REGULATIONS  OF  THE  COMMISSIONER.  ALL  SUCH
 EXPENDITURES  SHALL  BE  AUDITED BY THE STATE COMPTROLLER OR A CERTIFIED
 PUBLIC ACCOUNTANT AT LEAST EVERY TWO YEARS AND  WITHIN  FORTY-FIVE  DAYS
 AFTER  THE  COMPLETION THEREOF THE STATE COMPTROLLER OR CERTIFIED PUBLIC
 ACCOUNTANT SHALL GIVE A COPY THEREOF TO THE COMMISSIONER AND  THE  ADVI
 SORY  BOARD. ANY MONEYS REMAINING IN SUCH FUND MAY, IN THE DISCRETION OF
 THE COMMISSIONER, BE REFUNDED AT THE CLOSE OF ANY  FISCAL  YEAR  UPON  A
 PRO-RATA  BASIS  TO  ALL  PERSONS  FROM  WHOM ASSESSMENTS THEREFORE WERE
 COLLECTED OR, WHENEVER THE COMMISSIONER FINDS THAT SUCH  MONEYS  MAY  BE
 NECESSARY  TO  DEFRAY  THE COST OF OPERATING SUCH RESEARCH AND EDUCATION
 ORDER IN A SUCCEEDING FISCAL YEAR, THE COMMISSIONER MAY CARRY  OVER  ALL
 OR  ANY  PORTION OF SUCH MONEYS INTO THE NEXT SUCH SUCCEEDING YEAR. UPON
 THE TERMINATION BY THE COMMISSIONER OF ANY DAIRY RESEARCH AND  EDUCATION
 ORDER,  ALL  MONEYS  REMAINING  AND  NOT REQUIRED BY THE COMMISSIONER TO
 DEFRAY THE EXPENSES OF  OPERATING  SUCH  DAIRY  RESEARCH  AND  EDUCATION
 ORDER,  SHALL  BE  REFUNDED BY THE COMMISSIONER UPON A PRO-RATA BASIS TO
 ALL PERSONS FROM WHOM ASSESSMENTS THEREFORE  WERE  COLLECTED;  PROVIDED,
 HOWEVER,  THAT  IF THE COMMISSIONER FINDS THAT THE AMOUNTS SO REFUNDABLE
 ARE SO SMALL AS TO MAKE IMPRACTICABLE THE COMPUTATION AND  REFUNDING  OF
 SUCH  REFUNDS,  THE  COMMISSIONER  MAY  USE  SUCH  MONEYS  TO DEFRAY THE
 EXPENSES  INCURRED  IN  THE  FORMULATION,  ISSUANCE,  ADMINISTRATION  OR
 ENFORCEMENT OF ANY SUBSEQUENT RESEARCH ORDER.
 10.  ADVISORY BOARD. (A) ANY DAIRY RESEARCH AND EDUCATION ORDER ISSUED
 PURSUANT TO THIS ARTICLE SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVI
 SORY BOARD TO ADVISE AND ASSIST THE COMMISSIONER IN  THE  ADMINISTRATION
 OF  SUCH  ORDER. THIS BOARD SHALL CONSIST OF NOT LESS THAN FIVE MEMBERS.
 AT LEAST THREE MEMBERS SHALL REPRESENT DAIRY  COOPERATIVES,  ONE  MEMBER
 
       A. 9058--C                         47
 SHALL  REPRESENT A GENERAL FARM ORGANIZATION, AND ONE MEMBER SHALL BE AN
 AT-LARGE PRODUCER REPRESENTATIVE. MEMBERS SHALL SERVE  THREE-YEAR  TERMS
 AND SHALL BE APPOINTED BY THE COMMISSIONER FROM NOMINATIONS SUBMITTED BY
 PRODUCERS  LOCATED  IN  THE AREA TO WHICH THE ORDER APPLIES. THE COMMIS
 SIONER SHALL MAKE EVERY EFFORT TO  ENSURE  THAT  THERE  IS  GEOGRAPHICAL
 REPRESENTATION  FROM  THE  MAJOR  DAIRY  PRODUCING REGIONS OF THE STATE.
 NOMINATING PROCEDURES, QUALIFICATIONS, REPRESENTATION AND  SIZE  OF  THE
 ADVISORY BOARD SHALL BE PRESCRIBED IN THE ORDER.
 (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE
 ENTITLED  TO  ACTUAL  AND  REASONABLE EXPENSES INCURRED WHILE PERFORMING
 DUTIES AS AUTHORIZED IN THIS SECTION.
 (C) THE DUTIES AND RESPONSIBILITIES OF THE  ADVISORY  BOARD  SHALL  BE
 PRESCRIBED  BY  THE  COMMISSIONER  IN  THE  DAIRY RESEARCH AND EDUCATION
 ORDER, AND MAY INCLUDE ALL OR ANY OF THE FOLLOWING DUTIES AND  RESPONSI
 BILITIES:

 (1) RECOMMENDING TO THE COMMISSIONER OF ADMINISTRATIVE RULES AND REGU
 LATIONS RELATING TO THE ORDER.
 (2)  RECOMMENDING  TO THE COMMISSIONER SUCH AMENDMENTS TO THE ORDER AS
 DEEMED ADVISABLE.
 (3) PREPARING AND SUBMITTING TO THE COMMISSIONER AN  ESTIMATED  BUDGET
 REQUIRED FOR THE PROPER OPERATION OF THE ORDER.
 (4)   REVIEWING,  EVALUATING  AND  RECOMMENDING  TO  THE  COMMISSIONER
 RESEARCH AND EDUCATION ACTIVITIES  FOR  FUNDING  THAT  ARE  DESIGNED  TO
 IMPROVE MILK PRODUCTION AND FARM PROFITABILITY.
 (5)  IDENTIFYING AND RECOMMENDING OPPORTUNITIES FOR COLLABORATION WITH
 PRO DAIRY AND OTHER PROGRAMS AND ORGANIZATIONS THAT SUPPORT AND  PROMOTE
 NEW YORK'S DAIRY INDUSTRY TO PREVENT DUPLICATION OF EFFORT AND ENSURE AN
 EFFICIENT ALLOCATION OF RESOURCES.
 (6)  RECOMMENDING  TO THE COMMISSIONER METHODS FOR ASSESSING PRODUCERS
 AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
 (7) ASSISTING THE COMMISSIONER  IN  THE  COLLECTION  AND  ASSEMBLY  OF
 INFORMATION  AND  DATA  NECESSARY  FOR  THE PROPER ADMINISTRATION OF THE
 ORDER.
 (8) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE  ORDER
 AS THE COMMISSIONER SHALL DESIGNATE.
 

S  258-V.  RULES AND REGULATIONS; ENFORCEMENT. 1. THE COMMISSIONER MAY
 MAKE AND PROMULGATE SUCH RULES AND REGULATIONS AS MAY  BE  NECESSARY  TO
 EFFECTUATE  THE PROVISIONS AND INTENT OF THIS ARTICLE AND TO ENFORCE THE
 PROVISION OF ANY DAIRY RESEARCH AND EDUCATION ORDER, ALL OF WHICH  SHALL
 HAVE THE FORCE AND EFFECT OF LAW.
 2.  THE  COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS
 MAY APPEAR NECESSARY TO ENFORCE COMPLIANCE WITH ANY  PROVISION  OF  THIS
 ARTICLE,  OR  ANY  RULE  OR REGULATION, OR RESEARCH AND EDUCATION ORDER,
 COMMITTED TO HIS OR HER ADMINISTRATION, AND IN  ADDITION  TO  ANY  OTHER
 REMEDY  UNDER  ARTICLE THREE OF THIS CHAPTER OR OTHERWISE, MAY APPLY FOR
 RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT
 BEING COMPELLED TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT  LAW  DOES
 NOT  EXIST.  SUCH  APPLICATION  MAY  BE MADE TO THE SUPREME COURT IN ANY
 DISTRICT OR COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND  RULES,  OR
 TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
 

S 2. This act shall take effect immediately.
 PART AA
 
       A. 9058--C                         48
 

Section  1.  Paragraph  (b)  of  subdivision  2 of section 2975 of the
 public authorities law, as amended by section 1 of part J of chapter  60
 of the laws of 2011, is amended to read as follows:

 (b)  On  or before November first, two thousand three and on or before
 November first of each year thereafter, the director of the budget shall
 determine the amount owed under this  section  by  each  public  benefit
 corporation.  The  director  of the budget may reduce, in whole or part,
 the amount of such assessment if the payment thereof would necessitate a
 state appropriation for  the  purpose,  or  would  otherwise  impose  an
 extraordinary hardship upon the affected public benefit corporation. The
 aggregate  amount  assessed under this section in any given state fiscal
 year may not exceed [sixty] SIXTY-FIVE million dollars.
 

S 2. This act shall take effect immediately.
 PART BB
 Intentionally Omitted
 PART CC
 Intentionally Omitted
 PART DD
 

Section 1. Subdivision 4 of section 1896  of  the  public  authorities
 law,  as  added by chapter 388 of the laws of 2011, is amended and a new
 subdivision 5 is added to read as follows:

 4. [(a)] Qualified  energy  efficiency  services  [repaid  through  an
 on-bill  recovery mechanism] THAT HAVE BEEN PAID FOR IN WHOLE OR IN PART
 WITH THE PROCEEDS OF A LOAN UNDER  THIS  TITLE  shall  be  considered  a
 special energy project pursuant to section eighteen hundred fifty-one of
 this  article.  [The  New  York  state  energy  research and development
 authority shall secure every loan issued for such services that  are  to
 be repaid through an on-bill recovery mechanism with a mortgage upon the
 real  property that is improved by such services. Such mortgage shall be
 recorded pursuant to section two hundred ninety-one-d of the real  prop-
 erty law.
 (b)  All  terms and provisions of a green jobs-green New York mortgage
 pursuant to this subdivision shall be subject  and  subordinate  to  the
 lien  of  any  mortgage or mortgages on such property. When a subsequent
 purchaser of the property is granted a mortgage,  the  green  jobs-green
 New York mortgage shall be subordinate to the terms of that mortgage.
 (c)  The  mortgagee  shall  not retain any right to enforce payment or
 foreclose upon the property.]
 5. (A) FOR EACH LOAN ISSUED FOR QUALIFIED ENERGY  EFFICIENCY  SERVICES
 THAT IS TO BE REPAID THROUGH AN ON-BILL RECOVERY MECHANISM, THE NEW YORK
 STATE  ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY SHALL RECORD, PURSUANT
 TO ARTICLE NINE OF THE REAL PROPERTY LAW, IN THE OFFICE OF THE APPROPRI
 ATE RECORDING OFFICER,  A  DECLARATION  WITH  RESPECT  TO  THE  PROPERTY
 IMPROVED  BY  SUCH SERVICES OF THE EXISTENCE OF THE LOAN AND STATING THE
 TOTAL AMOUNT OF THE LOAN, THE TERM OF THE LOAN, AND  THAT  THE  LOAN  IS
 BEING  REPAID  THROUGH  A  CHARGE ON AN ELECTRIC OR GAS METER ASSOCIATED
 WITH THE PROPERTY. THE DECLARATION SHALL FURTHER STATE THAT IT IS  BEING
 FILED PURSUANT TO THIS SECTION AND, UNLESS FULLY SATISFIED PRIOR TO SALE
 OR  TRANSFER  OF  THE  PROPERTY, THE LOAN REPAYMENT UTILITY METER CHARGE
 
       A. 9058--C                         49
 SHALL SURVIVE CHANGES IN OWNERSHIP, TENANCY, OR METER ACCOUNT  RESPONSI
 BILITY  AND,  UNTIL  FULLY SATISFIED, SHALL CONSTITUTE THE OBLIGATION OF
 THE PERSON RESPONSIBLE FOR THE METER ACCOUNT. SUCH DECLARATION SHALL NOT
 CONSTITUTE A MORTGAGE AND SHALL NOT CREATE ANY SECURITY INTEREST OR LIEN
 ON THE PROPERTY. UPON SATISFACTION OF THE LOAN, THE AUTHORITY SHALL FILE
 A DECLARATION OF REPAYMENT PURSUANT TO ARTICLE NINE OF THE REAL PROPERTY
 LAW.
 (B)  THE  RECORDING OFFICER SHALL RECORD SUCH DECLARATIONS IN THE SAME
 BOOK, PROVIDED UNDER SECTION THREE HUNDRED FIFTEEN OF THE REAL  PROPERTY
 LAW, IN WHICH SUCH RECORDING OFFICER RECORDS DEEDS.
 

S 2. The real property law is amended by adding a new section 291-j to
 read as follows:

 

S  291-J.  RECORDING  OF  DECLARATIONS  BY  THE  NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY.  PURSUANT  TO  SUBDIVISION  FIVE  OF
 SECTION  EIGHTEEN  HUNDRED NINETY-SIX OF THE PUBLIC AUTHORITIES LAW, THE
 NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL RECORD OR
 CAUSE TO BE RECORDED, IN THE OFFICE OF THE APPROPRIATE  RECORDING  OFFI
 CER, A DECLARATION EVIDENCING THE EXISTENCE OF A LOAN AS DESCRIBED THER
 EIN  AND,  UPON  SATISFACTION  OF SUCH LOAN, SUCH AUTHORITY SHALL FILE A
 DECLARATION OF REPAYMENT AND FULL SATISFACTION  OF  THE  LOAN  REPAYMENT
 UTILITY  METER  CHARGE. THE RECORDING OFFICER SHALL RECORD SUCH DECLARA
 TIONS IN THE SAME BOOK, PROVIDED UNDER SECTION THREE HUNDRED FIFTEEN  OF
 THE REAL PROPERTY LAW, IN WHICH SUCH RECORDING OFFICER RECORDS DEEDS.
 

S 3. This act shall take effect immediately.
 PART EE
 

Section  1.  Subdivision  5  of  section  27-1012 of the environmental
 conservation law, as added by section 8 of part SS of chapter 59 of  the
 laws of 2009, is amended to read as follows:

 5.  [All]  A.  THE  monies  collected or received by the department of
 taxation and finance pursuant to this title shall be  deposited  to  the
 credit of the comptroller with such responsible banks, banking houses or
 trust  companies  as may be designated by the comptroller. Such deposits
 shall be kept separate and apart from all other moneys in the possession
 of the comptroller. The comptroller shall require adequate security from
 all such depositories. Of the total revenue collected,  the  comptroller
 shall  retain  the amount determined by the commissioner of taxation and
 finance to be necessary for refunds out of which  the  comptroller  must
 pay  any  refunds  to  which  a deposit initiator may be entitled. After
 reserving the amount to pay refunds, the comptroller must, by the  tenth
 day  of  each  month,  pay  into the state treasury to the credit of the
 general fund OR INTO THE ENVIRONMENTAL PROTECTION  FUND,  IN  ACCORDANCE
 WITH  THE SCHEDULE LISTED BELOW, the revenue deposited under this subdi
 vision during the preceding calendar month and remaining  to  the  comp
 troller's credit on the last day of that preceding month. THE PORTION OF
 THE REVENUE TO BE DEPOSITED INTO THE ENVIRONMENTAL PROTECTION FUND AFTER
 THE AMOUNT TO PAY REFUNDS HAS BEEN RESERVED SHALL BE:

 (I)  TWENTY-FIVE  PERCENT  OF  THE REVENUE IN FISCAL YEAR TWO THOUSAND
 THIRTEEN-TWO THOUSAND FOURTEEN;
 (II) FIFTY PERCENT OF THE REVENUE IN FISCAL YEAR  TWO  THOUSAND  FOUR
 TEEN-TWO THOUSAND FIFTEEN;
 (III)  SEVENTY-FIVE PERCENT OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
 FIFTEEN-TWO THOUSAND SIXTEEN; AND
 (IV) ONE HUNDRED PERCENT OF THE REVENUE IN FISCAL  YEAR  TWO  THOUSAND
 SIXTEEN-TWO THOUSAND SEVENTEEN AND EVERY YEAR THEREAFTER.
 
       A. 9058--C                         50
 B.  THE  MONIES ALLOCATED TO THE ENVIRONMENTAL PROTECTION FUND BY THIS
 SUBDIVISION SHALL BE IN ADDITION TO ANY OTHER MONEY ALLOCATED OR  APPRO
 PRIATED TO THE FUND AND SHALL NOT REDUCE ANY APPROPRIATIONS TO THE FUND.
 

S  2. Subdivision 3 of section 92-s of the state finance law, as added
 by section 2 of part T of chapter 59 of the laws of 2009, is amended  to
 read as follows:

 3.  Such  fund shall consist of the amount of revenue collected within
 the state from the amount of revenue, interest and  penalties  deposited
 pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
 amount of fees and penalties received from easements or leases  pursuant
 to  subdivision fourteen of section seventy-five of the public lands law
 and the money received as annual service  charges  pursuant  to  section
 four  hundred four-l of the vehicle and traffic law, all moneys required
 to be deposited therein from the contingency reserve  fund  pursuant  to
 section  two  hundred  ninety-four of chapter fifty-seven of the laws of
 nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
 pursuant  to  section thirteen of chapter six hundred ten of the laws of
 nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
 section  54-0511 of the environmental conservation law, all moneys to be
 deposited from the Northville settlement pursuant to section one hundred
 twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
 hundred  ninety-six,  provided  however,  that such moneys shall only be
 used for the cost of the purchase of private lands in the core  area  of
 the  central  Suffolk  pine barrens pursuant to a consent order with the
 Northville industries signed on  October  thirteenth,  nineteen  hundred
 ninety-four  and  the related resource restoration and replacement plan,
 the amount of penalties required to  be  deposited  therein  by  section
 71-2724 of the environmental conservation law, all moneys required to be
 deposited  pursuant to article thirty-three of the environmental conser
 vation law, all fees collected pursuant to subdivision eight of  section
 70-0117 of the environmental conservation law[, as added by a chapter of
 the  laws  of two thousand nine], all moneys collected pursuant to title
 thirty-three of article fifteen of the environmental conservation  law[,
 as  added  by  a  chapter  of the laws of two thousand nine], ALL MONEYS
 REQUIRED TO BE DEPOSITED PURSUANT TO SECTION  27-1012  OF  THE  ENVIRON
 MENTAL  CONSERVATION  LAW  and  all other moneys credited or transferred
 thereto from any other fund or source pursuant to law. All such  revenue
 shall be initially deposited into the environmental protection fund, for
 application as provided in subdivision five of this section.
 

S 3. This act shall take effect immediately.
 PART FF
 

Section  1.  Appropriations available to the department of transporta
 tion for management and administration purposes through a chapter of the
 laws of 2012 shall fund  all  eleven  existing  regional  department  of
 transportation  offices; provided, however, that sixty days prior to any
 merger or consolidation of any such offices, the commissioner of  trans
 portation  shall  submit  a plan for any such merger or consolidation to
 the chairman of the senate finance committee and  the  chairman  of  the
 assembly  ways  and  means  committee  detailing  the proposed merger or
 consolidation, and the effects on workforce, and any cost  savings  that
 would be achieved.
 

S 2. This act shall take effect immediately.
 PART GG
 
       A. 9058--C                         51
 

Section  1. The purpose of this legislation is to inform the people of
 the state of New York of any and all  potential  public  health  impacts
 posed  by  the  extraction  of natural gas using horizontal drilling and
 high-volume hydraulic fracturing and to provide  an  analysis  of  those
 impacts.  Such  analysis  and information shall help facilitate informed
 decisions regarding actions to be taken with respect to such  activities
 in the state.
 

S  2.  Pursuant to appropriation, a school of public health within the
 state university of New York shall conduct a comprehensive health impact
 assessment following a model recommended  by  the  centers  for  disease
 control  and  prevention to examine potential public health impacts that
 could be caused by the extraction of natural gas using horizontal drill
 ing and high-volume hydraulic fracturing. For the purposes of this  act,
 health  impact  assessment shall mean a combination of procedures, meth
 ods, and tools by which a policy, program, or project may be  judged  as
 to its potential effects on the health of a population, and the distrib
 ution of those effects within the population.
 

S  3.  Prior  to  the  commencement  of such assessment, the school of
 public health conducting such assessment shall prepare a  scoping  docu
 ment that will establish the parameters of the health impact assessment.
 The  scoping  document shall include the analyses contained in this act,
 as well as any other potential analyses to be conducted,  and  shall  be
 subject to public review, comment and revision.
 

S  4.  Such  health impact assessment of the extraction of natural gas
 using horizontal drilling and  high-volume  hydraulic  fracturing  shall
 include, at a minimum, the following analyses:

 (a)  Identification and assessment of the magnitude, nature and extent
 of potential localized and statewide health impacts  utilizing  multiple
 methods  and  information  derived  from  a combination of public health
 tools including risk assessment, scientific literature,  and  population
 analysis;
 (b)   Identification   and  assessment  of  disparate  community-level
 impacts;
 (c) Estimated costs of any health impacts to the state, local  govern
 ments,  health  insurers,  employers  and the state's public and private
 health care systems as a whole;
 (d) Recommendations for any mitigation of potential health impacts and
 the methods and evidence used to arrive at such recommendations; and
 (e) A long-term plan for monitoring, evaluating, tracking and mitigat
 ing potential health impacts.
 

S 5. A draft of such health impact assessment shall  be  released  for
 public  review  and comment. The school of public health conducting such
 assessment shall conduct a minimum of two public hearings regarding  the
 findings  of  the  draft health impact assessment and allow at least one
 hundred eighty days for the public to submit comments.  Upon the closing
 of the public comment period, such school of public health  shall  cate
 gorize, review and respond to all public comments. If substantive chang
 es  to  the  health  impact  assessment  are  made as a result of public
 comments, such school of public health shall issue a revised draft. Such
 revised draft shall similarly be subject to public comment  and  review,
 in compliance with the parameters set out for the initial draft.
 

S  6.  After  responding to all public comments as required by section
 five of this act, and upon completion of the health  impact  assessment,
 such  school  of  public health shall submit the completed health impact
 assessment to the New York state department of health. The department of
 
       A. 9058--C                         52
 health shall make such health impact assessment available to the  public
 and deliver copies to the legislature and the governor for review.
 

S 7. This act shall take effect immediately.
 PART HH
 

Section  1. Regional Economic Development Councils shall be subject to
 the open meetings law pursuant to article 7 of the public officers  law.
 In addition, proposals submitted through the consolidated funding appli
 cation  process  for  review  by  Regional Economic Development Councils
 shall be subject to the Freedom of Information Act pursuant to article 6
 of the public officers law.  Provided, however that any personal  infor
 mation  as  defined  by article 6 of the public officers law and any tax
 information revealed shall not be available for disclosure or inspection
 under the state freedom of information law.
 Each Regional Economic Development Council shall  provide  information
 to  the  chairman of the New York State Urban Development Corporation as
 he or she may require regarding the  consolidated  funding  applications
 that  have  been  submitted  and  the  status of such applications. Such
 information shall be made accessible to the general public  through  the
 publication on the website of each respective Regional Economic Develop
 ment Council.
 The chairman of the New York State Urban Development Corporation shall
 provide  a  report that includes a list of consolidated funding applica
 tions pending review and consolidated funding applications approved on a
 biannual basis commencing September  1,  2012.  The  report  shall  also
 include,  but  is  not  limited to, the following: the proposed new jobs
 that would be created and retained; the actual net new jobs created  and
 retained;  industry  participation; the actual value of matching capital
 investments; the participation of  minority-  and  women-owned  business
 enterprises;  the  total  economic impact of the projects; and the total
 value of state supported incentives.  This report shall be made accessi
 ble to the general public through the publication on  the  Empire  State
 Development Corporation's website.
 

S  2.  Back  to  Work  NY.  The back to work NY jobs program is hereby
 established for the purpose of  assisting  persons  who  have  exhausted
 unemployment benefits to re-enter the workforce.
 1.  Definitions. For the purposes of this section, the following terms
 shall have the following meanings:

 (a)  "Participant"  shall  mean  an  unemployed  individual  who   has
 exhausted  his  or  her  benefits  under  the Federal-State Unemployment
 Compensation Program. Additional eligibility requirements may be adopted
 by the department of labor and the  urban  development  corporation  for
 participation  in  the workforce re-entry training program. In the event
 that an individual is not eligible for extended benefits  under  section
 601  of the labor law, such individual would be deemed to have exhausted
 all benefits otherwise available, for the  purposes  of  eligibility  to
 participate in this program.
 (b)  "Small  business" shall mean a business deemed to be one which is
 resident in this state, independently owned and operated,  not  dominant
 in its field, and employs one hundred or less persons.
 2. The department of labor, in consultation with the urban development
 corporation,  shall  establish  the  back  to work NY jobs program which
 shall consist of two components, a workforce re-entry training component
 and an internship component.
 
       A. 9058--C                         53
 (a) Workforce re-entry training. The department  and  the  corporation
 shall establish a workforce re-entry training program for participants.
 i.  The  workforce re-entry training program shall assist participants
 with skills assessment, career readiness, and job coaching. However,  at
 no  time  shall  workforce re-entry training exceed twenty-five days for
 each participant.
 ii. The department and the corporation may determine it appropriate to
 refer participants to additional  courses  and/or  training  to  improve
 their prospective employment opportunities which may include courses in:

 science,  technology,  engineering, and math (STEM); healthcare training
 or instruction in a skilled trade; and job fields that are in demand  as
 determined  by the commissioner of the department of labor. Participants
 enrolled in such additional courses and/or training shall not be  eligi
 ble for a stipend pursuant to subparagraph iv of this paragraph.
 iii.  The department of labor, in consultation with the urban develop
 ment corporation, shall develop an  application  process  for  potential
 participants, which may include online submissions.
 iv. Participants of the program shall receive a stipend for such work
 force  re-entry  training.  The  department of labor shall determine the
 eligibility and the amount of the stipend for those individuals accepted
 into the program.
 (b) Workforce re-entry internship. The department of labor, in consul
 tation with the urban development corporation, shall develop an  intern
 ship program component for participants.
 i.  The department and the corporation shall develop partnerships with
 small businesses as defined by paragraph (b) of subdivision one of  this
 section for the placement of participants. However, at no time shall the
 internship  program  component exceed four hundred twenty hours for each
 participant which must be completed within twelve weeks.
 ii. Only participants who successfully complete the workforce re-entry
 training component of the back to work NY jobs  program  as  defined  by
 subdivision  two  of  this  section shall be eligible for the internship
 component.
 iii.  Participants of the internship program shall receive a  stipend.
 The  department  of labor shall determine the eligibility and the amount
 of such stipend for those individuals accepted into the program.
 3. Program implementation. The back to work NY jobs program  shall  be
 implemented  in workforce investment areas, as defined in federal public
 law 105-220, selected by the department of labor and the urban  develop
 ment corporation.
 4. Rules and regulations. The chairman of the urban development corpo
 ration and the commissioner of the department of labor shall adopt rules
 and regulations to effectuate the purposes of this section.
 5.  Reporting  requirements.  The  department  of  labor and the urban
 development corporation shall issue an annual report, beginning April 1,
 2013, to the governor and the legislature that shall analyze the  effec
 tiveness  of  the  program. The report shall include for each respective
 workforce investment area, but not be limited to, the  following:    (a)
 the  number  of individuals who gain employment through the program; (b)
 recommendations to improve the program outcome in the  future;  and  (c)
 the number of small businesses participating within the program.
 

S  3. 

Section  16-t  of  section 1 of chapter 174 of the laws of 1968
 constituting the New York State urban  development  corporation  act  is
 amended by adding a new subdivision 3-a to read as follows:

 3-A.  (A) FUNDS APPROPRIATED TO THE SMALL BUSINESS REVOLVING LOAN FUND
 ON OR AFTER APRIL 1, 2012 SHALL BE USED FOR THE PURPOSES  SET  FORTH  IN
 
       A. 9058--C                         54
 THIS SECTION NOTWITHSTANDING THE LIMITATIONS SET FORTH IN SECTIONS SEVEN
 THROUGH TEN OF THIS ACT.
 (B)  SUCH FUNDS MAY BE USED FOR PROGRAM LOANS TARGETED AND MARKETED TO
 PROVIDE SHORT-TERM  FINANCING  TO  MINORITY-  AND  WOMEN-OWNED  BUSINESS
 ENTERPRISES   AND  SMALL  BUSINESSES  PERFORMING  CONTRACTS  TO  PROVIDE
 CONSTRUCTION, OR PROFESSIONAL SERVICES FOR STATE  PROCUREMENT  PURPOSES.
 SUCH LOANS SHALL BE USED TO UNDERWRITE THE COST OF LABOR, MATERIALS, AND
 EQUIPMENT  DIRECTLY  ASSOCIATED  WITH  THE  CONTRACT BEING FINANCED. THE
 PROGRAM FUNDS AMOUNT USED BY THE LENDING ORGANIZATION TO FUND A  PROGRAM
 APPLICANT  LOAN  SHALL  NOT BE MORE THAN EIGHTY PERCENT OF THE PRINCIPAL
 AMOUNT OF SUCH LOAN. THE PROGRAM FUNDS AMOUNT USED BY THE LENDING ORGAN
 IZATION TO FUND A PROGRAM APPLICANT LOAN SHALL NOT BE GREATER THAN  FIVE
 HUNDRED THOUSAND DOLLARS.
 

S  4.

Section 410 of the economic development law is amended by adding
 a new subdivision 3-a to read as follows:

 3-A. (A) THE DEPARTMENT IS AUTHORIZED AND DIRECTED TO ISSUE A  REQUEST
 FOR PROPOSAL PROCESS TO SUPPORT THE DEVELOPMENT OF A PARTNERSHIP PROGRAM
 BETWEEN THE CENTERS OF EXCELLENCE PROGRAM AND COMMUNITY COLLEGES LOCATED
 WITHIN  THE  RESPECTIVE  CENTER  OF  EXCELLENCE'S REGION. THE DEPARTMENT
 SHALL, THROUGH THE REQUEST FOR PROPOSAL  PROCESS,  DEVELOP  PARTNERSHIPS
 FOR THE FOLLOWING PURPOSES:

 (I)  TO  ENCOURAGE CURRICULUM ALIGNMENT TO PROMOTE THE STREAMLINING OF
 EDUCATIONAL REQUIREMENTS FOR ECONOMIC DEVELOPMENT NEEDS ASSOCIATED  WITH
 THE RESPECTIVE REGIONAL INSTITUTION AND BUSINESS;
 (II)  TO CREATE AN INTERNSHIP PROGRAM BETWEEN THE CENTER OF EXCELLENCE
 AND THE RESPECTIVE COMMUNITY COLLEGE IN AN EFFORT TO BOOST HIGH TECHNOL
 OGY TRAINING FOR PROSPECTIVE EMPLOYEES LOCATED  WITHIN  THE  REGION  AND
 STUDENTS MATRICULATED AT THE COMMUNITY COLLEGE;
 (III) TO ATTRACT, THROUGH A COLLABORATION BETWEEN THE CENTER OF EXCEL
 LENCE  AND  THE  COMMUNITY  COLLEGE,  HIGH QUALITY RESEARCH AND TEACHING
 STAFF TO PREPARE STUDENTS FOR  ADVANCED  EDUCATION  IN  HIGH  TECHNOLOGY
 AND/OR EMPLOYMENT IN THE HIGH TECHNOLOGY INDUSTRIES; AND
 (IV)  TO  ENCOURAGE  HIGH  TECHNOLOGY INDUSTRY CLUSTERS, AS DEFINED BY
 SECTION FIVE OF THE URBAN DEVELOPMENT CORPORATION ACT,  BY  BUILDING  ON
 EXISTING  REGIONAL  ECONOMIC DEVELOPMENT INFRASTRUCTURE AND OTHER AVAIL
 ABLE RESOURCES IN THE REGION.
 (B) THE COMMISSIONER SHALL ISSUE A REPORT BEGINNING ON JUNE THIRTIETH,
 TWO THOUSAND THIRTEEN TO THE EXECUTIVE AND THE LEGISLATURE AND  ANNUALLY
 THEREAFTER.  THE  REPORT SHALL ANALYZE THE EFFECTIVENESS OF THE PROGRAM.
 THE REPORT SHALL INCLUDE: (I) THE NUMBER OF INDIVIDUALS WHO GAIN EMPLOY
 MENT THROUGH THE PROGRAM; (II) RECOMMENDATIONS TO IMPROVE THE  PROGRAM'S
 OUTCOME  IN  THE  FUTURE;  AND  (III)  THE NUMBER OF SMALL BUSINESSES IN
 PARTICIPATION.
 

S 5.  The department of labor, in cooperation with the  department  of
 economic  development, is authorized and directed to issue a request for
 proposal process for the purposes of an employment opportunity  and  job
 development  program.  The  program may be operated by such entities as,
 but not  limited  to,  community  colleges,  entrepreneurial  assistance
 programs  as  created  by  article 9 of the economic development law, as
 well as other qualifying entities for the following purposes:

 (a) coordinate employment events for hard to fill positions with small
 businesses, science, technology, engineering, and  math  (STEM)  related
 companies, startup and early stage technology companies; and
 (b)  advertise  and organize employment events, collect information on
 job openings, receive resumes, and  coordinate  job  interviews  at  the
 events.
 
       A. 9058--C                         55
 

S  6.   

Section  3102-b  of  the public authorities law is amended by
 adding a new subdivision 5-a to read as follows:

 5-A.  (A)  THE  DEPARTMENT  OF  ECONOMIC DEVELOPMENT IS AUTHORIZED AND
 DIRECTED TO ISSUE A REQUEST FOR PROPOSAL PROCESS TO SUPPORT THE DEVELOP
 MENT OF A PARTNERSHIP PROGRAM BETWEEN THE CENTERS FOR ADVANCED TECHNOLO
 GY AND COMMUNITY COLLEGES  LOCATED  WITHIN  THE  RESPECTIVE  CENTER  FOR
 ADVANCED  TECHNOLOGY'S REGION. THE DEPARTMENT SHALL, THROUGH THE REQUEST
 FOR PROPOSAL PROCESS, DEVELOP PARTNERSHIPS FOR THE FOLLOWING PURPOSES:

 (I) TO ENCOURAGE CURRICULUM ALIGNMENT TO PROMOTE THE  STREAMLINING  OF
 EDUCATIONAL  REQUIREMENTS FOR ECONOMIC DEVELOPMENT NEEDS ASSOCIATED WITH
 THE RESPECTIVE REGIONAL INSTITUTIONS AND BUSINESSES;
 (II) TO CREATE AN INTERNSHIP PROGRAM BETWEEN THE CENTER  FOR  ADVANCED
 TECHNOLOGY  AND  THE  RESPECTIVE COMMUNITY COLLEGE IN AN EFFORT TO BOOST
 HIGH TECHNOLOGY TRAINING FOR PROSPECTIVE EMPLOYEES  LOCATED  WITHIN  THE
 REGION AND STUDENTS MATRICULATED AT THE COMMUNITY COLLEGE;
 (III)  TO  ATTRACT,  THROUGH  A  COLLABORATION  BETWEEN THE CENTER FOR
 ADVANCED TECHNOLOGY AND THE COMMUNITY COLLEGE, HIGH QUALITY RESEARCH AND
 TEACHING STAFF TO PREPARE STUDENTS FOR ADVANCED EDUCATION IN HIGH  TECH
 NOLOGY AND/OR EMPLOYMENT IN THE HIGH TECHNOLOGY INDUSTRIES; AND
 (IV)  TO  ENCOURAGE  HIGH  TECHNOLOGY INDUSTRY CLUSTERS, AS DEFINED BY
 SECTION FIVE OF THE URBAN DEVELOPMENT CORPORATION ACT,  BY  BUILDING  ON
 EXISTING  REGIONAL  ECONOMIC DEVELOPMENT INFRASTRUCTURE AND OTHER AVAIL
 ABLE RESOURCES IN THE REGION.
 (B) THE COMMISSIONER SHALL ISSUE A REPORT BEGINNING ON JUNE THIRTIETH,
 TWO THOUSAND THIRTEEN TO THE EXECUTIVE AND THE LEGISLATURE AND  ANNUALLY
 THEREAFTER.  THE  REPORT SHALL ANALYZE THE EFFECTIVENESS OF THE PROGRAM.
 THE REPORT SHALL INCLUDE: (I) THE NUMBER OF INDIVIDUALS WHO GAIN EMPLOY
 MENT THROUGH THE PROGRAM; (II) RECOMMENDATIONS TO IMPROVE THE  PROGRAM'S
 OUTCOME  IN  THE  FUTURE;  AND  (III)  THE NUMBER OF SMALL BUSINESSES IN
 PARTICIPATION.
 

S 7. This act shall take effect immediately;  provided,  however  that
 section  two of this act shall take effect on the ninetieth day after it
 shall have become a law and shall remain in full force and effect  until
 April  1, 2015 when upon such date the provisions of section two of this
 act shall expire and be deemed repealed; provided, further, that  effec
 tive  immediately,  the addition, amendment and/or repeal of any rule or
 regulation necessary for the implementation of this act on its effective
 date are authorized and directed to be made and completed on  or  before
 such date.
 PART II
 

Section  1.  New  York dairy task force. Legislative intent. In recent
 years, New York's dairy industry has seen tremendous  and  unprecedented
 growth,  especially  with  regard to dairy processing. The influx of new
 businesses and the expansion of existing businesses promises  to  be  an
 important  driver  of  economic  growth in upstate New York. In order to
 accommodate the processors' increased demand for milk,  New  York  dairy
 farmers  will  have  to  increase their dairy herds in a short period of
 time, which poses  unique  challenges  to  the  industry.  To  encourage
 economic  growth  and  promote  the  viability  of  the  dairy industry,
 increasing the state's milk production must be a priority, and New  York
 state  must  provide  leadership  in  developing a comprehensive plan to
 achieve such a goal.
 

S 2. The commissioner of agriculture and markets shall  establish  the
 New  York  dairy  task  force to develop a comprehensive plan that would
 
       A. 9058--C                         56
 include recommendations to increase New  York's  dairy  supply  to  meet
 demand  and  to  support New York's dairy economy. The membership of the
 task force shall include two members from each of  the  following  enti
 ties,  upon  recommendation  by  the  commissioner  of  agriculture  and
 markets: representatives  from  New  York's  dairy  industry;  including
 producers,  milk processors, and cooperatives; agricultural leaders; and
 academic experts. The membership shall also include one  appointee  each
 by  the  speaker  of  the  assembly,  temporary president of the senate,
 minority leader of the assembly, minority  leader  of  the  senate,  the
 commissioner  of  agriculture and markets, and the Empire State Develop
 ment Corporation. Such task force shall report annually, no  later  than
 December fifteenth, to the governor, the assembly, and the senate on the
 status  of  New  York's  dairy  industry,  milk supply, industry trends,
 future supply needs, and its findings and recommendations.  The  commis
 sioner of agriculture and markets shall have the authority to promulgate
 rules  and  regulations  necessary to supplement and give full force and
 effect to this act.
 

S 3. This act shall take effect immediately.
 

S 2. Severability clause. If any clause, sentence, paragraph, subdivi
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
 

S  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through II of this act shall be
 as specifically set forth in the last section of such Parts.

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