Authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012; extends or makes permanent various provisions of law; relates to the excelsior linked deposit act; relates to recovery of state governmental costs; relates to the community services block grant program; relates to the removal of statutory references to the governor's office of regulatory reform; authorizes and directs the New York state energy research and development authority to make a payment to the general fund of up to $913,000; authorizes the New York State Energy Research and Development Authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations; authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies; relates to pesticide registration time frames and fees; relates to the healthy food/communities initiative; authorizes the establishment of a revolving loan fund; relates to state aid for farmers' markets; relates to disbursements from the tribal-state compact revenue account to certain municipalities; increases the term of licensure and registration from two to four years; relates to saltwater recreational fishing registrations; relates to the use of ultra low sulfur diesel fuel and best available technology by the state; relates to the creation of the recharge New York power program; extends the expiration of the power for jobs program and the energy cost savings benefit programs; requires the New York state urban development corporation to submit a comprehensive financial plan to the director of the budget and establishes accounts and subaccounts within the treasury of such corporation; relates to the new markets tax credits.
S2810C-2011 Actions
- Mar 31, 2011: SIGNED CHAP.60
- Mar 30, 2011: DELIVERED TO GOVERNOR
- Mar 29, 2011: returned to senate
- Mar 29, 2011: passed assembly
- Mar 29, 2011: message of necessity - 3 day message
- Mar 29, 2011: ordered to third reading rules cal.10
- Mar 29, 2011: substituted for a4010c
- Mar 29, 2011: referred to ways and means
- Mar 29, 2011: DELIVERED TO ASSEMBLY
- Mar 29, 2011: PASSED SENATE
- Mar 29, 2011: MESSAGE OF NECESSITY
- Mar 29, 2011: ORDERED TO THIRD READING CAL.277
- Mar 29, 2011: PRINT NUMBER 2810C
- Mar 29, 2011: AMEND (T) AND RECOMMIT TO FINANCE
- Mar 12, 2011: PRINT NUMBER 2810B
- Mar 12, 2011: AMEND (T) AND RECOMMIT TO FINANCE
- Feb 25, 2011: PRINT NUMBER 2810A
- Feb 25, 2011: AMEND (T) AND RECOMMIT TO FINANCE
- Feb 1, 2011: REFERRED TO FINANCE
S2810C-2011 Meetings
Finance: Mar 30, 2011S2810C-2011 Calendars
Floor Calendar: Mar 29, 2011S2810C-2011 Votes
VOTE: COMMITTEE VOTE:
- Finance
- Mar 29, 2011
Ayes (32): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Dilan, Gianaris, Kruger, Montgomery, Oppenheimer, Parker, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins
Ayes W/R (1): Duane
Nays (1): Diaz
VOTE: FLOOR VOTE:
- Mar 29, 2011
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (2): Diaz, Duane
Absent (1): Perkins
S2810C-2011 Memo
BILL NUMBER:S2810C TITLE OF BILL: An act to authorize funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012 and to amend 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; and providing for the repeal of certain provisions upon expiration thereof (Part A); to amend chapter 279 of the laws of 1998 amending the transportation law relating to enabling the commissioner of transportation to establish a single audit pilot program, in relation to making such provisions permanent (Part B); to amend chapter 312 of the laws of 1994, amending the vehicle and traffic law relating to suspensions of licenses pending prosecution of certain alcohol-related charges, and authorizations for probationary and conditional drivers' licenses, in relation to the effectiveness thereof (Part C); to amend chapter 533 of the laws of 1993, amending the vehicle and traffic law and the correction law relating to suspension and revocation of driver's licenses upon conviction of certain drug-related offenses, in relation to the effectiveness thereof (Part D); to amend chapter 569 of the laws of 1981, amending the vehicle and traffic law relating to motor vehicle liability insurance, financial security, criminal acts and penalties for non-compliance, in relation to making provisions permanent; and to amend chapter 781 of the laws of 1983, amending the vehicle and traffic law and other laws relating to motor vehicle liability insurance, financial security, criminal acts and certain penalties for non-compliance, in relation to making provisions permanent (Part E); Intentionally omitted (Part F); 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 G); to amend the state finance law, in relation to the excelsior linked deposit act (Part H); to amend part U of chapter 57 of the laws of 2005 amending the labor law and other laws implementing the state fiscal plan for the 2005-2006 state fiscal year, relating to New York state higher education matching grant program for independent colleges, in relation to the effectiveness thereof (Part I); to amend the public authorities law, in relation to recovery of state governmental costs; and to repeal section 2975-a of such law relating thereto (Part J); to amend the executive law, in relation to the community services block grant program; and to amend chapter 728 of the laws of 1982 and chapter 710 of the laws of 1983, amending the executive law relating to community services block grant programs, in relation to the effectiveness thereof (Part K); to amend chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part L); Intentionally omitted (Part M); Intentionally omitted (Part N); to amend the executive law, the economic development law and the state administrative procedure act, in relation to the removal of statutory references to the governor's office of regulatory reform; and to repeal subdivision 8 of section 202-b of the state administrative procedure act, relating thereto (Part O); to authorize and direct the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part P); to authorize the New York State Energy Research and Development Authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part Q); to authorize the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part R); to amend the environmental conservation law and chapter 67 of the laws of 1992 amending the environmental conservation law relating to pesticide product registration timetables and fees, in relation to pesticide registration time frames and fees (Part S); Intentionally omitted (Part T); to amend the New York state urban development corporation act, in relation to the healthy food/communities initiative; to amend the agriculture and markets law, in relation to authorizing the establishment of a revolving loan fund; and to amend the agriculture and markets law, in relation to state aid for farmers' markets (Part U); Intentionally omitted (Part V); to amend the state finance law, in relation to disbursements from the tribal-state compact revenue account to certain municipalities; and providing for the repeal of certain provisions upon the expiration thereof (Part W); Intentionally omitted (Part X); to amend the general business law, in relation to increasing the term of licensure and registration from two to four years (Part Y); Intentionally omitted (Part Z); to amend the environmental conservation law, in relation to saltwater recreational fishing registrations; and providing for the repeal of such provisions upon expiration thereof (Part AA); to amend the environmental conservation law, in relation to the use of ultra low sulfur diesel fuel and best available technology by the state (Part BB); to amend the economic development law and the public authorities law, in relation to the creation of the recharge New York power program; and to amend the economic development law, the public authorities law, the tax law, chapter 316 of the laws of 1997 amending the public authorities law and other laws relating to the provision of low cost power to foster statewide economic development, and chapter 645 of the laws of 2006 amending the economic development law and other laws relating to reauthorizing the power authority of the state of New York to make contributions to the general fund, in relation to extending the expiration of the power for jobs program and the energy cost savings benefit program; to amend chapter 477 of the laws of 2009, amending the public authorities law relating to energy efficiency and clean energy initiatives of the power authority of the state of New York, in relation to making such provisions permanent and to repeal subdivision 16 of section 1005 of the public authorities law relating to energy audits (Part CC); in relation to the New York state urban development corporation submitting a comprehensive financial plan to the director of the budget and the establishment of accounts and subaccounts within the treasury of such corporation; and providing for the repeal of such provisions upon the expiration thereof (Part DD); and to amend the New York state urban development corporation act, in relation to the new markets tax credits; and providing for the repeal of such provision upon expiration thereof (Part EE) PURPOSE: To allow for the consolidation of certain state entities. SUMMARY: Part A - Provide the annual authorization for the Consolidated Local Street and Highway Improvement Program (CIDPS) and Marchiselli programs. The Legislature concurs with the Executive's proposal to provide annual authorization for the Consolidated Highway Improvement Program (CHIPS) at $363.1 million and for the Marchiselli program at $39.7 million, for a total of $402.8 million. The Senate also concurs with the Executive's proposal to permit CHIPS funding to be used for four specific road resurfacing options until March 31, 2012. Part B - Permanently extend Department of Transportation Single Audit Program. The Legislature concurs with the Executive's proposal to make permanent the Single Audit Program, which was first established in 1998. Part C - Permanently extend suspension of drivers' licenses for certain alcohol-related charges. The Legislature concurs with the Executive's proposal to make permanent provisions of New York law that impose penalties required by Federal law for driving while intoxicated. Part D - Permanently extend suspension/revocation of drivers' licenses for certain drug-related offenses. The Legislature concurs with the Executive's proposal to make permanent provisions of New York law that impose penalties required by Federal law for drug-related convictions. Part E - Make permanent provisions relating to the Motor Vehicle Financial Security Act. The Senate concurs with the Executive's proposal to make permanent certain provisions relating to the Motor Vehicle Financial Security Act, which require motorists to maintain vehicle insurance at all times as well as the related fines and penalties for noncompliance. Part F - Conform the Vehicle and Traffic Law to Federal requirements, governing operators of commercial motor vehicles and medical certification requirements. This was intentionally omitted from the TED bill. Part G - Make permanent the general loan powers of the New York State Urban Development Corporation. The Legislature amends the Executive proposal to authorize ESDC to issue loans for economic development projects extending this authorization for two years. Part H - The Legislature accepts the Executive's proposal to increase the lifetime maximum per eligible business from $1 million to $2 million. It also increases the individual loan cap amount from $1 million to $2 million. Part I - Extend the New York State Higher Education Capital Matching Grant Program. The Legislature concurs with the Executive's proposal to extend the HESC matching grant program. Part J - Clarify the State Governmental Cost Recovery System. The Legislature accepts the Executive's proposal to increase from $55 million to $60 million the cost recovery by the state from public authorities. The Senate further accepted the Executive's proposal to repeal such cost recovery from Industrial Development Agencies (the IDA tax). The Senate separately has passed legislation which would retroactively repeal the tax, and urges that this proposal be expanded to encompass such a proposal. Part K - Permanently establish the distribution formula for the Community Services Block Grant Program. The Legislature concurs with the Executive proposal. Part L - Permanently establish the authority of the Secretary of State to charge increased fees for expedited handling of documents. The Legislature extended the ability for two years, rather than make this provision permanent. Part M - Dissolve the Tug Hill Commission. The Senate denies the Executive's proposal to dissolve the Tug Hill Commission. Part N - Eliminate the salary for the Chair of the State Athletic Commission. The Legislature rejects the Executive's proposal to eliminate the salary for the Chair of the State Athletic Commission. Part 0 - Eliminate statutory references to the Governor's Office of Regulatory Reform. The Legislature accepts the Executive's proposal to eliminate statutory references to the Governor's Office of Regulatory Reform by allowing the deletion of references. Part P - Authorize and direct the Comptroller to receive for deposit to the credit of the General Fund a payment of up to $913,000 from the New York State Energy Research and Development Authority. The Legislature concurs with the Executive's proposal to transfer $913,000 from the Unrestricted Corporate Funds of the Authority to the General Fund to offset New York State's debt service requirements related to the Western New York Nuclear Service Center. Part Q - Authorize the New York State Energy Research and Development Authority to finance a portion of its research, development and demonstration, and policy and planning programs, and to finance the Department of Environmental Conservation climate change program, from assessments on gas and electric corporations. The Legislature accepts the Executive's proposal to finance a portion of the Authority's research, development and demonstration, and policy and planning programs, and to finance the Department of Environmental Conservation's Climate Change Program, through an annual assessment on gas and electric corporations. Part R - Authorize the Department of Health to finance certain activities with revenues generated from an assessment on cable television companies. The Legislature accepts the Executive's proposal to make the Department of Health's public service education expenses eligible for funding from the Department of Public Service's assessment on cable television companies. Part S - Make permanent the current time frames for review of pesticide product registration applications and pesticide product registration fees. The Legislature modifies the Executive's proposal to make the current time frames and fee structure for the review of pesticide product registration applications permanent by instead extending the registration fee for a period of three years beginning on July 1, 2011 and ending on July 1, 2014. Part T - Authorize the Commissioner of Agriculture and Markets to establish a competitive grants program to fund agricultural research, marketing and education initiatives. The Legislature rejects the Executive's proposal to authorize the Commissioner of Agriculture and Markets to establish a competitive grants program for agricultural research, marketing and education initiatives, and this provision is intentionally omitted from the bill. Part U - Implement key components of the Governor's Share NY Food initiative. The Legislature accepts the Executive's proposal to establish the "Share NY Food" initiative that would utilize available funds from the Upstate Agricultural Economic Development Fund, as well as federal funds, to improve farmers' market functions and expand access to fresh produce in underserved areas. Part V - Repeal Article 4-A of the Navigation Law regarding reimbursements paid to certain governmental entities. The Legislature rejects the Executive proposal to eliminate reimbursements paid to local governments that voluntarily implement various boating enforcement and safety programs under Article 4-A of the Navigation Law, and intentionally omits this provision from the TED Article VII bill. Part W - Facilitate an efficient transfer of Tribal State Compact Revenue to the General Fund and make a technical correction to the distribution of the local share of such revenues associated with the Niagara Falls Casino to ensure that the formula is balanced. Part X - Establish a surcharge on purses at harness and thoroughbred racetracks. The Legislature denies the Executive proposal to establish a surcharge on purses on New Yolk races. This is intentionally omitted from the Executive's TED Article VII bill. Part Y - Extend the renewal period for certain disciplines licensed by the Department of State. The Legislature concurs with the Executive proposal to increase the time periods between licensure for certain disciplines. Part Z - Authorize the Tax Modernization Project. This proposal is intentionally omitted from TED Article VII bill. Part AA - Repeal Part LL of Chapter 59 of the Laws of 2009, which established the recreational marine fishing license; establishes a free registration system for saltwater recreational fishing in compliance with the federal Magnuson-Stevens Fishery Conservation and Management Reauthorization Act; provides reciprocity for anglers licensed or registered in adjacent states who fish on New York's marine boundary waters; and refunds the amount paid by any person who purchased a lifetime recreational marine fishing license less the established fee for a single license season. Part BB - Alters the requirements with respect to Ultra Low Sulfur Diesel engines. The Legislature extends the time period of compliance for retrofitting heavy-duty diesel vehicles owned by State agencies or public authorities, as well as contractors, subcontractors and material suppliers who work on public job sites, with best available retrofit technology pursuant to the Diesel Emissions Reduction Act (DERA) of 2006 from December 31, 2010 to December 31, 2012. Part CC - Creates a new permanent, 910 megawatt (MW), Recharge New York power program administered by the Power Authority of the State of New Yolk (NYPA) and the Economic Development Power Allocation Board (EDPAB) to foster job creation and retention in New York State. The new program would consist of a combination of NYPA hydropower and competitively purchased market power for allocation to eligible businesses and other entities located in the State. It would include reallocation of the hydroelectric power currently used by domestic and rural customers as well as ensure mitigation for cost impacts to these ratepayers. EFFECTIVE DATE: This act shall take effect immediately and shall expire and be deemed repealed 5 years after such effective date. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through EE of this act shall be as specifically set forth in the last section of such Parts.
S2810C-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2810--C A. 4010--C
SENATE - ASSEMBLY
February 1, 2011
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- 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 recommitted 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 2011-2012 and 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 providing
for the repeal of certain provisions upon expiration thereof (Part A);
to amend chapter 279 of the laws of 1998 amending the transportation
law relating to enabling the commissioner of transportation to estab-
lish a single audit pilot program, in relation to making such
provisions permanent (Part B); to amend chapter 312 of the laws of
1994, amending the vehicle and traffic law relating to suspensions of
licenses pending prosecution of certain alcohol-related charges, and
authorizations for probationary and conditional drivers' licenses, in
relation to the effectiveness thereof (Part C); to amend chapter 533
of the laws of 1993, amending the vehicle and traffic law and the
correction law relating to suspension and revocation of driver's
licenses upon conviction of certain drug-related offenses, in relation
to the effectiveness thereof (Part D); to amend chapter 569 of the
laws of 1981, amending the vehicle and traffic law relating to motor
vehicle liability insurance, financial security, criminal acts and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12573-05-1
S. 2810--C 2 A. 4010--C
penalties for non-compliance, in relation to making provisions perma-
nent; and to amend chapter 781 of the laws of 1983, amending the vehi-
cle and traffic law and other laws relating to motor vehicle liability
insurance, financial security, criminal acts and certain penalties for
non-compliance, in relation to making provisions permanent (Part E);
Intentionally omitted (Part F); 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 corpo-
ration to make loans, in relation to the effectiveness thereof (Part
G); to amend the state finance law, in relation to the excelsior
linked deposit act (Part H); to amend part U of chapter 57 of the laws
of 2005 amending the labor law and other laws implementing the state
fiscal plan for the 2005-2006 state fiscal year, relating to New York
state higher education matching grant program for independent
colleges, in relation to the effectiveness thereof (Part I); to amend
the public authorities law, in relation to recovery of state govern-
mental costs; and to repeal section 2975-a of such law relating there-
to (Part J); to amend the executive law, in relation to the community
services block grant program; and to amend chapter 728 of the laws of
1982 and chapter 710 of the laws of 1983, amending the executive law
relating to community services block grant programs, in relation to
the effectiveness thereof (Part K); to amend chapter 21 of the laws of
2003, amending the executive law relating to permitting the secretary
of state to provide special handling for all documents filed or issued
by the division of corporations and to permit additional levels of
such expedited service, in relation to extending the expiration date
thereof (Part L); Intentionally omitted (Part M); Intentionally omit-
ted (Part N); to amend the executive law, the economic development law
and the state administrative procedure act, in relation to the removal
of statutory references to the governor's office of regulatory reform;
and to repeal subdivision 8 of section 202-b of the state administra-
tive procedure act, relating thereto (Part O); to authorize and direct
the New York state energy research and development authority to make a
payment to the general fund of up to $913,000 (Part P); to authorize
the New York State Energy Research and Development Authority to
finance a portion of its research, development and demonstration and
policy and planning programs from assessments on gas and electric
corporations (Part Q); to authorize the department of health to
finance certain activities with revenues generated from an assessment
on cable television companies (Part R); to amend the environmental
conservation law and chapter 67 of the laws of 1992 amending the envi-
ronmental conservation law relating to pesticide product registration
timetables and fees, in relation to pesticide registration time frames
and fees (Part S); Intentionally omitted (Part T); to amend the New
York state urban development corporation act, in relation to the heal-
thy food/communities initiative; to amend the agriculture and markets
law, in relation to authorizing the establishment of a revolving loan
fund; and to amend the agriculture and markets law, in relation to
state aid for farmers' markets (Part U); Intentionally omitted (Part
V); to amend the state finance law, in relation to disbursements from
the tribal-state compact revenue account to certain municipalities;
and providing for the repeal of certain provisions upon the expiration
thereof (Part W); Intentionally omitted (Part X); to amend the general
business law, in relation to increasing the term of licensure and
registration from two to four years (Part Y); Intentionally omitted
(Part Z); to amend the environmental conservation law, in relation to
S. 2810--C 3 A. 4010--C
saltwater recreational fishing registrations; and providing for the
repeal of such provisions upon expiration thereof (Part AA); to amend
the environmental conservation law, in relation to the use of ultra
low sulfur diesel fuel and best available technology by the state
(Part BB); to amend the economic development law and the public
authorities law, in relation to the creation of the recharge New York
power program; and to amend the economic development law, the public
authorities law, the tax law, chapter 316 of the laws of 1997 amending
the public authorities law and other laws relating to the provision of
low cost power to foster statewide economic development, and chapter
645 of the laws of 2006 amending the economic development law and
other laws relating to reauthorizing the power authority of the state
of New York to make contributions to the general fund, in relation to
extending the expiration of the power for jobs program and the energy
cost savings benefit program; to amend chapter 477 of the laws of
2009, amending the public authorities law relating to energy efficien-
cy and clean energy initiatives of the power authority of the state of
New York, in relation to making such provisions permanent and to
repeal subdivision 16 of section 1005 of the public authorities law
relating to energy audits (Part CC); in relation to the New York state
urban development corporation submitting a comprehensive financial
plan to the director of the budget and the establishment of accounts
and subaccounts within the treasury of such corporation; and providing
for the repeal of such provisions upon the expiration thereof (Part
DD); and to amend the New York state urban development corporation
act, in relation to the new markets tax credits; and providing for the
repeal of such provision upon expiration thereof (Part EE)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through EE. 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
S. 2810--C 4 A. 4010--C
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
2011-12 $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
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
S. 2810--C 5 A. 4010--C
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
2011-12 $363,097,000
S 2. Section 16 of chapter 329 of the laws of 1991, amending the state
finance law and other laws relating to the establishment of the dedi-
cated highway and bridge trust fund, is amended by adding a new subdivi-
sion (f) 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 LOCAL HIGHWAY AND
BRIDGE PROJECTS MAY ALSO INCLUDE THE FOLLOWING WORK TYPES: (1) MICROSUR-
FACING, (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, HOWEVER, 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. 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 AUTHORI-
TY PURSUANT TO SECTION 380 OF THE PUBLIC AUTHORITIES LAW OR OTHERWISE AS
DETERMINED BY THE DIRECTOR OF THE BUDGET.
S 3. 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, is amended by adding a new
subdivision (f) 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 LOCAL HIGHWAY AND
BRIDGE PROJECTS MAY ALSO INCLUDE THE FOLLOWING WORK TYPES: (1) MICROSUR-
FACING, (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, HOWEVER, 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. 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 AUTHORI-
TY PURSUANT TO SECTION 380 OF THE PUBLIC AUTHORITIES 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 chap-
ter 432 of the laws of 1997, 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
S. 2810--C 6 A. 4010--C
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 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.
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 added by chapter
330 of the laws of 1991, 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 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. Such certif-
ication shall include any such information as may be necessary to main-
tain the federal tax exempt status of bonds, notes or other obligations
issued by the New York state thruway authority pursuant to section 380
of the public authorities law. The commissioner of transportation 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 added
by chapter 330 of the laws of 1991, 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
S. 2810--C 7 A. 4010--C
PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 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. Such certif-
ication shall include any such information as may be necessary to main-
tain the federal tax exempt status of bonds, notes or other obligations
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. 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.
PART B
Section 1. Section 2 of chapter 279 of the laws of 1998, amending the
transportation law relating to enabling the commissioner of transporta-
tion to establish a single audit pilot program, as amended by section 1
of part E of chapter 59 of the laws of 2010, is amended to read as
follows:
S 2. This act shall take effect on December 31, 1998, except that the
commissioner of transportation is immediately authorized to promulgate
rules and regulations necessary for the implementation of this act [and
shall expire December 31, 2011 when upon such date the provisions of
this act shall be deemed repealed].
S 2. This act shall take effect immediately.
PART C
Section 1. Section 7 of chapter 312 of the laws of 1994, amending the
vehicle and traffic law relating to suspensions of licenses pending
prosecution of certain alcohol-related charges, and authorizations for
probationary and conditional drivers' licenses, as amended by section 1
of part C of chapter 59 of the laws of 2009, is amended to read as
follows:
S 7. This act shall take effect immediately; provided however that
sections three, four, five and six of this act shall take effect on the
first day of November next succeeding the date on which it shall have
become a law and shall apply to offenses committed on or after such
date; provided further, however, that the amendment to paragraph (c) of
subdivision 2 of section 1193 of the vehicle and traffic law made by
section two of this act shall take effect on the same date as such para-
graph takes effect pursuant to section 9 of chapter 533 of the laws of
1993, as amended[, provided, further, that the provisions of section
four of this act shall remain in full force and effect until October 1,
2011 when upon such date the provisions of such section shall be deemed
repealed and the provisions of law amended by such section shall revert
to and be read as if the provisions of such section had not been
enacted].
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, 2011.
S. 2810--C 8 A. 4010--C
PART D
Section 1. Section 9 of chapter 533 of the laws of 1993, amending the
vehicle and traffic law and the correction law relating to suspension
and revocation of driver's licenses upon conviction of certain drug-re-
lated offenses, as amended by section 1 of part D of chapter 59 of the
laws of 2009, is amended to read as follows:
S 9. This act shall take effect September 30, 1993 and shall apply to
convictions based on offenses which occurred on or after such date [and
shall remain in full force and effect until October 1, 2011 when upon
such date the provisions of this act shall be deemed repealed and the
provisions of law amended by this act shall revert to and be read as if
the provisions of this act had not been enacted].
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, 2011.
PART E
Section 1. Section 12 of chapter 569 of the laws of 1981, amending the
vehicle and traffic law relating to motor vehicle liability insurance,
financial security, criminal acts and penalties for non-compliance, as
amended by section 1 of part J of chapter 59 of the laws of 2009, is
amended to read as follows:
S 12. This act shall take effect on the first day of September, 1982
[and the amendments made to the provisions of the vehicle and traffic
law by sections one through nine of this act shall expire on June 30,
2011 and shall apply to the use and operation of motor vehicles during
such period. Upon such expiration date the provisions of such sections
of such law shall revert to and be read as set out in law on the date
immediately preceding the effective date of this act. The commissioner
shall widely publicize the provisions of this act and take all actions
necessary to prepare for its implementation prior to the effective
date].
S 2. Section 15 of chapter 781 of the laws of 1983, amending the vehi-
cle and traffic law and other laws relating to motor vehicle liability
insurance, financial security, criminal acts and certain penalties for
non-compliance, as amended by section 2 of part J of chapter 59 of the
laws of 2009, is amended to read as follows:
S 15. This act shall take effect immediately except that sections ten
and eleven hereof shall NOT take effect [on June 30, 2011; the amend-
ments made to the provisions of the vehicle and traffic law and the
insurance law by sections one through seven of this act shall expire
June 30, 2011; upon such date the provisions of such sections of such
laws shall revert to and be read as set out in law on the date imme-
diately preceding the effective date of this act] AND ARE HEREBY
REPEALED.
S 3. This act shall take effect immediately.
PART F
Intentionally omitted.
PART G
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
S. 2810--C 9 A. 4010--C
of the New York state urban development corporation to make loans, as
amended by section 1 of part P of chapter 59 of the laws of 2010, 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, [2011] 2012, 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, 2011.
PART H
Section 1. Section 217 of the state finance law, as amended by chapter
291 of the laws of 2004, is amended to read as follows:
S 217. Linked loans. Linked loans shall be made by lenders pursuant to
the program only to eligible businesses in connection with eligible
projects. A linked loan shall be limited to a maximum amount of [one]
TWO million dollars. An eligible business may receive more than one
linked loan. During the life of the linked loan program, the total
amount of money that a business can borrow from the linked program is
[one] TWO million dollars. The credit decision for making a linked loan
shall be made solely by the lender. Notwithstanding the length of the
term of a linked loan, the linked deposit relating to the linked loan
shall be for a period of not more than four years.
S 2. The state finance law is amended by adding a new section 220 to
read as follows:
S 220. RENEWAL OF LINKED DEPOSIT. A LENDER MAY, ON BEHALF OF A BORROW-
ER, APPLY TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT TO REQUEST A
RENEWAL OF THE LINKED DEPOSIT FOR AN ADDITIONAL FOUR YEAR PERIOD TO
CORRESPOND WITH A SECOND FOUR YEAR PERIOD OF A BORROWER'S LINKED LOAN.
THE COMMISSIONER MAY GRANT SUCH APPLICATION IF THE COMMISSIONER DETER-
MINES THAT THE BORROWER, DURING THE SECOND FOUR YEAR PERIOD OF THE
LINKED LOAN, WILL CREATE ADDITIONAL INDUSTRIAL MODERNIZATION BENEFITS OR
ADDITIONAL EXPORT TRADE BENEFITS OR ADDITIONAL JOBS. IF THE COMMISSIONER
OF ECONOMIC DEVELOPMENT GRANTS SUCH APPLICATION, THE COMMISSIONER SHALL
NOTIFY THE AUTHORIZED DEPOSITOR WHO MADE THE LINKED DEPOSIT THAT THE
COMMISSIONER HAS DETERMINED THAT THE APPLICATION SATISFIES THE REQUIRE-
MENTS OF THIS ARTICLE AND SHALL REQUEST THE AUTHORIZED DEPOSITOR TO
CONTINUE THE LINKED DEPOSIT WITH THE LENDER FOR AN ADDITIONAL FOUR YEAR
PERIOD IN ACCORDANCE WITH SECTION NINETY-EIGHT-A OF THIS CHAPTER AND
WITH THE AUTHORIZED DEPOSITOR'S ESTABLISHED PROCEDURES. SUCH LINKED
DEPOSIT SHALL CONTINUE TO BE SECURED IN ACCORDANCE WITH THE PROVISIONS
OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER. THE FIXED INTEREST RATE ON
THE CONTINUED LINKED DEPOSIT SHALL BE THE LINKED DEPOSIT INTEREST RATE
IN EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT.
THE AUTHORIZED DEPOSITOR AND THE LENDER SHALL ENTER INTO A WRITTEN
DEPOSIT AGREEMENT GOVERNING THE CONTINUATION OF THE LINKED DEPOSIT. THE
INTEREST RATE PAYABLE ON THE LINKED LOAN FOR THE SECOND FOUR YEAR PERIOD
SHALL BE, IN THE CASE OF A CERTIFIED BUSINESS IN AN ECONOMIC DEVELOPMENT
ZONE OR AN ELIGIBLE BUSINESS LOCATED IN AN ECONOMICALLY DISTRESSED AREA
OR FEDERAL EMPOWERMENT ZONE OR ENTERPRISE OR RENEWAL COMMUNITY OR A
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE, THREE PERCENTAGE POINTS
S. 2810--C 10 A. 4010--C
BELOW THE INTEREST RATE THE LENDER WOULD HAVE CHARGED FOR THE LOAN IN
EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT; OR IN
THE CASE OF A BUSINESS NOT LOCATED IN AN ECONOMIC DEVELOPMENT ZONE OR
ECONOMICALLY DISTRESSED AREA OR FEDERAL EMPOWERMENT ZONE OR ENTERPRISE
OR RENEWAL COMMUNITY OR WHICH IS NOT A MINORITY OR WOMEN-OWNED BUSINESS
ENTERPRISE, TWO PERCENTAGE POINTS BELOW THE INTEREST RATE THE LENDER
WOULD HAVE CHARGED FOR THE LOAN IN THE ABSENCE OF A LINKED DEPOSIT IN
EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT.
S 3. This act shall take effect immediately.
PART I
Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor law and other laws
implementing the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital matching grant
program for independent colleges, as amended by part M of chapter 59 of
the laws of 2010, is amended to read as follows:
(a) The New York state higher education capital matching grant board
is hereby created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital matching grant program from the
effective date of this section through March 31, [2011] 2012, or the
date on which the last of the funds available for grants under this
section shall have been disbursed, whichever is earlier; provided,
however, that the termination of the existence of the board shall not
[effect] AFFECT the power and authority of the dormitory authority to
perform its obligations with respect to any bonds, notes, or other
indebtedness issued or incurred pursuant to authority granted in this
section.
S 2. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law and other laws implementing the state fiscal plan for the 2005-2006
state fiscal year, relating to New York state higher education matching
grant program for independent colleges, as amended by section 3 of part
M of chapter 59 of the laws of 2010, is amended to read as follows:
(A) Notwithstanding the provision of any general or special law to the
contrary, and subject to the provisions of chapter 59 of the laws of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er education capital matching grants, the director of the budget is
authorized in any state fiscal year commencing April 1, 2005 or any
state fiscal year thereafter for a period ending on March 31, [2011]
2012, to enter into one or more service contracts, none of which shall
exceed 30 years in duration, with the dormitory authority, upon such
terms as the director of the budget and the dormitory authority agree.
S 3. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year, relating
to New York state higher education matching grant program for independ-
ent colleges, as amended by section 4 of part M of chapter 59 of the
laws of 2010, is amended to read as follows:
(b) Any eligible institution receiving a grant pursuant to this arti-
cle shall report to the dormitory authority no later than June 1, [2011]
2012, on the use of funding received and its programmatic and economic
S. 2810--C 11 A. 4010--C
impact. The dormitory authority shall submit a report no later than
November 1, [2011] 2012 to the board, the governor, the director of the
budget, the temporary president of the senate, and the speaker of the
assembly on the aggregate impact of the higher education capital match-
ing grant program. Such report shall provide information on the progress
and economic impact of such project.
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, 2011.
PART J
Section 1. Paragraph (b) of subdivision 2 of section 2975 of the
public authorities law, as amended by section 1 of part O of chapter 59
of the laws of 2008, 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 [fifty-five million dollars] SIXTY MILLION DOLLARS.
S 2. Section 2975-a of the public authorities law is REPEALED.
S 3. All monies paid by or on behalf of any industrial development
agency or authority as of the effective date of this act to reimburse to
New York state an allocable share of state governmental costs attribut-
able to the provision of services to industrial development agencies as
determined pursuant to section 2975-a of the public authorities law
shall be reimbursed to the paying entity within ninety days of the
effective date of this act.
S 4. This act shall take effect immediately provided however section
two of this act shall be deemed to have been in full force and effect on
and after April 1, 2009.
PART K
Section 1. Section 159-i of the executive law, as amended by section 1
of part Y of chapter 59 of the laws of 2010, is amended to read as
follows:
S 159-i. Distribution of funds. [For federal fiscal year two thousand
eleven at] AT least ninety percent of the community services block grant
funds received by the state shall be distributed pursuant to a contract
by the secretary to eligible entities as defined in subdivision one of
section one hundred fifty-nine-e of this article. Each such eligible
entity shall receive the same proportion of community services block
grant funds as was the proportion of funds received in the immediately
preceding federal fiscal year under the federal community services block
grant program as compared to the total amount received by all eligible
entities in the state, under the federal community services block grant
program.
[For federal fiscal year two thousand eleven the] THE secretary shall,
pursuant to section one hundred fifty-nine-h of this article, retain not
more than five percent of the community services block grant funds for
administration at the state level.
S. 2810--C 12 A. 4010--C
[For federal fiscal year two thousand eleven the] THE remainder of the
community services block grant funds received by the state shall be
distributed pursuant to a contract by the secretary in the following
order of preference: a sum of up to one-half of one percent of the
community services block grant funds received by the state to Indian
tribes and tribal organizations as defined in this article, on the basis
of need; and to community based organizations. Such remainder funds
received by eligible entities will not be included in determining the
proportion of funds received by any such entity in the immediately
preceding federal fiscal year under the federal community services block
grant program.
S 2. Section 5 of chapter 728 of the laws of 1982, amending the execu-
tive law relating to community services block grant programs, as amended
by section 2 of part Y of chapter 59 of the laws of 2010, is amended to
read as follows:
S 5. This act shall take effect immediately provided, however, that
section four hereof shall take effect October 1, 1982 and provided
further, however, that the provisions of sections two, three and four of
this act shall be in full force and effect only until September 30, 1983
[and section one of this act shall be in full force and effect until
September 30, 2011, provided, however, that the distribution of funds
pursuant to section 159-i of the executive law shall be limited to the
federal fiscal year expressly set forth in such section].
S 3. Section 7 of chapter 710 of the laws of 1983, amending the execu-
tive law relating to community services block grant programs, as amended
by section 3 of part Y of chapter 59 of the laws of 2010, is amended to
read as follows:
S 7. This act shall take effect September 30, 1983 [and shall be in
full force and effect only until September 30, 2011 at which time the
amendments and additions made pursuant to the provisions of this act
shall be deemed to be repealed, provided, however, that the distribution
of funds pursuant to section 159-i of the executive law shall be limited
to the federal fiscal year expressly set forth in such section].
S 4. This act shall take effect immediately.
PART L
Section 1. Section 2 of chapter 21 of the laws of 2003, amending the
executive law relating to permitting the secretary of state to provide
special handling for all documents filed or issued by the division of
corporations and to permit additional levels of such expedited service,
as amended by section 1 of part B of chapter 19 of the laws of 2010, is
amended to read as follows:
S 2. This act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and shall expire March 31, [2011]
2013.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2011.
PART M
Intentionally omitted.
PART N
S. 2810--C 13 A. 4010--C
Intentionally omitted.
PART O
Section 1. Subdivision 3 of section 164-d of the executive law, as
added by chapter 65 of the laws of 2005, is amended to read as follows:
3. The office for technology[, in consultation with the governor's
office of regulatory reform,] shall promulgate rules and regulations to
implement the provisions of this section. Such rules shall at least
provide for the prioritization and timing for making application forms
available on the internet.
S 2. Subdivision 46 of section 100 of the economic development law, as
added by chapter 427 of the laws of 2008, is amended to read as follows:
46. to prepare[, in cooperation with the governor's office of regula-
tory reform,] an annual summary for the small business community of the
key legislative, budgetary and regulatory changes impacting small busi-
nesses. Agencies shall cooperate with the department [and the governor's
office of regulatory reform] in developing the annual summary. The
annual summary shall be written in plain language and shall provide
specific contact information within the appropriate agency for inquiries
regarding implementation and compliance. The annual summary shall be
posted on the department website on or before September first of each
year.
S 3. Section 102-a of the state administrative procedure act, as added
by chapter 419 of the laws of 2007, is amended to read as follows:
S 102-a. Small business regulation guides. For each rule or group of
related rules which significantly impact a substantial number of small
businesses, the agency which adopted the rule shall post on its website
one or more guides explaining the actions a small business may take to
comply with such rule or group of rules if the agency determines[, in
conjunction with the governor's office of regulatory reform,] that such
guide or guides will assist small businesses in complying with the rule,
and shall designate each such posting as a "small business regulation
guide". The guide shall explain the actions a small business may take to
comply with a rule or group of rules. The agency shall, in its sole
discretion, taking into account the subject matter of the rule and the
language of relevant statutes, ensure that the guide is written using
sufficiently plain language that it is likely to be understood by
affected small businesses. Agencies shall cooperate with [the governor's
office of regulatory reform and] other state agencies in developing such
guides. [The governor's office of regulatory reform shall oversee and
coordinate the preparation of such small business regulation guides by
agencies.]
S 4. Subparagraph (iii) of paragraph (b) of subdivision 9 of section
202 of the state administrative procedure act, as added by chapter 230
of the laws of 2006, is amended to read as follows:
(iii) The secretary of state shall provide that the direct link
between the electronic copy of the state register and the electronic
mail address provided by an agency [shall also deliver to the governor's
office of regulatory reform a copy of all comments submitted].
S 5. Subdivision 8 of section 202-b of the state administrative proce-
dure act is REPEALED.
S 6. Paragraph (d) of subdivision 1 of section 202-d of the state
administrative procedure act, as added by chapter 193 of the laws of
2008, is amended to read as follows:
S. 2810--C 14 A. 4010--C
(d) An agency shall identify each rule described in its regulatory
agenda for which a regulatory flexibility analysis or a rural area flex-
ibility analysis may be required, and shall provide outreach as appro-
priate to potentially affected small businesses, local governments and
public and private interests in rural areas. Such outreach may include
solicitation of input from potentially affected parties through elec-
tronic means or through any of the activities listed in subdivision six
of section two hundred two-b and subdivision seven of section two
hundred two-bb of this article. [In addition, the agency shall provide a
copy of the description of each rule subject to the provisions of this
paragraph to the governor's office of regulatory reform, which may in
its discretion include the description and additional information on the
rule in the quarterly report issued pursuant to subdivision eight of
section two hundred two-b of this article.]
S 7. This act shall take effect immediately; provided, that the amend-
ment to paragraph (d) of subdivision 1 of section 202-d of the state
administrative procedure act made by section six of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith.
PART P
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, 2011.
PART Q
Section 1. Expenditures of moneys appropriated in a chapter of the
laws of 2011 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
2009. 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-
S. 2810--C 15 A. 4010--C
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, 2011.
PART R
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, 2011.
PART S
Section 1. Section 9 of chapter 67 of the laws of 1992, amending the
environmental conservation law relating to pesticide product registra-
tion timetables and fees, as amended by section 1 of part FF of chapter
59 of the laws of 2008, is amended to read as follows:
S 9. This act shall take effect April 1, 1992 provided, however, that
section [3] THREE of this act shall take effect July 1, 1993 and shall
expire and be deemed repealed on July 1, [2011]2014.
S 2. Section 33-0705 of the environmental conservation law, as
amended by section 2 of part FF of chapter 59 of the laws of 2008,
subdivisions a and b as amended by section 5 of part YY of chapter 59 of
the laws of 2009, is amended to read as follows:
S 33-0705. Fee for registration.
The applicant for registration shall pay a fee as follows:
a. On or before July 1, [2011] 2014, six hundred dollars for each
pesticide proposed to be registered, provided that the applicant has
submitted to the department proof in the form of a federal income tax
return for the previous year showing gross annual sales, for federal
income tax purposes, of three million five hundred thousand dollars or
less;
b. On or before July 1, [2011] 2014, for all others, six hundred twen-
ty dollars for each pesticide proposed to be registered;
c. After July 1, [2011] 2014, fifty dollars for each pesticide
proposed to be registered.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.
PART T
Intentionally omitted.
PART U
Section 1. Subparagraph (i) of paragraph c of subdivision 3 of section
16-s of section 1 of chapter 174 of the laws of 1968, constituting the
urban development corporation act, as amended by section 1 of part XX of
chapter 59 of the laws of 2009, is amended to read as follows:
S. 2810--C 16 A. 4010--C
(i) An eligible food market applicant may be a for-profit business
enterprise (including a corporation, limited liability company, sole
proprietor, cooperative or partnership), [a nonprofit organization]
NOT-FOR-PROFIT CORPORATION, AGRICULTURAL COOPERATIVE CORPORATION, PUBLIC
BENEFIT CORPORATION, MUNICIPAL CORPORATION, REGIONAL MARKET FACILITY, or
a food cooperative.
S 2. Section 16 of the agriculture and markets law is amended by
adding new subdivision 46 to read as follows:
46. WITHIN THE AMOUNT OF MONIES APPROPRIATED OR OTHERWISE MADE AVAIL-
ABLE THEREFOR, ESTABLISH, ADMINISTER AND OPERATE, OR PROVIDE FOR THE
ADMINISTRATION AND OPERATION OF, A PROGRAM, WHICH MAY INCLUDE ESTABLISH-
MENT OF A REVOLVING LOAN FUND, TO ASSIST IN THE DEVELOPMENT, IMPLEMENTA-
TION AND OPERATION OF AGRICULTURAL PROGRAMS.
S 3. Section 260 of the agriculture and markets law is amended by
adding a new subdivision 9 to read as follows:
9. "FOOD DESERT" SHALL MEAN AN AREA WITH LIMITED ACCESS TO AFFORDABLE
AND NUTRITIOUS FOOD, PARTICULARLY SUCH AN AREA THAT IS COMPOSED OF
PREDOMINATELY LOWER-INCOME NEIGHBORHOODS AND COMMUNITIES.
S 4. Subdivision 1 of section 262 of the agriculture and markets law,
as amended by chapter 612 of the laws of 2006, and paragraph (b) as
amended by chapter 126 of the laws of 2007, is amended to read as
follows:
1. There is hereby created within the department a program of grants
for the purpose of providing state assistance for farmer's markets. In
administering such program, the commissioner, to the extent feasible,
shall ensure an equitable distribution of awards to rural areas and
other areas of the state. State assistance provided pursuant to this
section may be awarded for:
(a) the construction, reconstruction, improvement, expansion or reha-
bilitation of farmers' markets. Grants provided pursuant to this para-
graph shall not exceed the lesser of fifty percent of project cost or
fifty thousand dollars per project in any fiscal year.
(b) the purpose of providing promotional support for farmer's markets.
Grants provided pursuant to this paragraph shall not exceed the lesser
of fifty percent of project cost or [five] SEVEN thousand FIVE HUNDRED
dollars per applicant in any fiscal year.
(C) EQUIPMENT COSTS ASSOCIATED WITH IMPROVING FARMERS' MARKET FUNC-
TIONS, INCLUDING BUT NOT LIMITED TO EXPANDING ACCESS TO ELECTRONIC BENE-
FIT TRANSFER TECHNOLOGY FOR FARMERS' MARKETS AND OTHER NON-TRADITIONAL
FOOD ACCESS POINTS IN FOOD DESERTS IN THE STATE.
S 5. This act shall take effect immediately.
PART V
Intentionally omitted.
PART W
Section 1. Subdivision 3 of section 99-h of the state finance law, as
amended by section 1 of part QQ of chapter 59 of the laws of 2009, is
amended to read as follows:
3. Moneys of the account, following [appropriation] THE SEGREGATION OF
APPROPRIATIONS ENACTED by the legislature, shall be available for
purposes including but not limited to: (a) reimbursements or payments to
municipal governments that host tribal casinos pursuant to a tribal-
state compact for costs incurred in connection with services provided to
S. 2810--C 17 A. 4010--C
such casinos or arising as a result thereof, for economic development
opportunities and job expansion programs authorized by the executive
law; provided, however, that for any gaming facility located in the city
of Buffalo, the city of Buffalo shall receive a minimum of twenty-five
percent of the negotiated percentage of the net drop from electronic
gaming devices the state receives pursuant to the compact, and provided
further that for any gaming facility located in the city of Niagara
Falls, county of Niagara a minimum of twenty-five percent of the negoti-
ated percentage of the net drop from electronic gaming devices the state
receives pursuant to the compact shall be distributed in accordance with
subdivision four of this section, and provided further that for any
gaming facility located in the county or counties of Cattaraugus, Chau-
tauqua or Allegany, the municipal governments of the state hosting the
facility shall collectively receive a minimum of twenty-five percent of
the negotiated percentage of the net drop from electronic gaming devices
the state receives pursuant to the compact; and provided further that
pursuant to chapter five hundred ninety of the laws of two thousand
four, a minimum of twenty-five percent of the revenues received by the
state pursuant to the state's compact with the St. Regis Mohawk tribe
shall be made available to the counties of Franklin and St. Lawrence,
and affected towns in such counties. Each such county and its affected
towns shall receive fifty percent of the moneys made available by the
state; and (b) support and services of treatment programs for persons
suffering from gambling addictions. Moneys not [appropriated] SEGREGATED
for such purposes shall be transferred to the general fund for the
support of government during the fiscal year in which they are received.
S 2. Paragraph (a) of subdivision 4 of section 99-h of the state
finance law, as amended by section 2 of part QQ of chapter 59 of the
laws of 2009, is amended to read as follows:
(a) Monies which are appropriated and received each year by the state
as a portion of the negotiated percentage of the net drop from electron-
ic gaming devices the state receives in relation to the operation of a
gaming facility in the city of Niagara Falls, county of Niagara which
subdivision three of this section requires to be a minimum of twenty-
five percent, shall be budgeted and disbursed by the city of Niagara
Falls in the following manner:
(i) [seventy-five] SEVENTY-THREE AND ONE-HALF percent of the total
annual amount received shall be available for expenditure by the city of
Niagara Falls for such public purposes as are determined, by the city,
to be necessary and desirable to accommodate and enhance economic devel-
opment, neighborhood revitalization, public health and safety, and
infrastructure improvement in the city, shall be deposited into the
tribal revenue account of the city and any and all interest and income
derived from the deposit and investment of such monies shall be deposit-
ed into the general operating fund of the city; PROVIDED HOWEVER, THAT
ANY AMOUNT ALLOCATED TO THE NIAGARA FALLS UNDERGROUND RAILROAD HERITAGE
COMMISSION, TO THE EXTENT THAT ITS SHARE PURSUANT TO THE FORMULA ESTAB-
LISHED IN CLAUSE FIVE OF SUBPARAGRAPH (II) OF THIS PARAGRAPH EXCEEDS ONE
PERCENT, SUCH AMOUNTS SHALL BE DISTRIBUTED FROM THE FUNDS AVAILABLE TO
THE CITY FOR ITS PUBLIC PURPOSES PURSUANT TO THIS PARAGRAPH; and
(ii) the remaining [twenty-five] TWENTY-SIX AND ONE-HALF percent of
the total annual amount received shall be allocated for the city of
Niagara Falls to be available for expenditure in the following manner:
(1) within thirty-five days upon receipt of such funds by such city,
five and one-half percent of the total annual amount received in each
year, not to exceed seven hundred fifty thousand dollars annually, shall
S. 2810--C 18 A. 4010--C
be transferred to Niagara Falls memorial medical center to be used for
capital construction projects; and
(2) within thirty-five days upon receipt of such funds by such city,
five and one-half percent of the total annual amount received in each
year, not to exceed seven hundred fifty thousand dollars annually, shall
be transferred to the Niagara Falls city school district for capital
construction projects; and
(3) within thirty-five days upon receipt of such funds by such city,
[six] SEVEN percent in each year shall be transferred to the Niagara
tourism and convention center corporation for marketing and tourism
promotion in the county of Niagara including the city of Niagara Falls;
and
(4) an amount equal to the lesser of one million dollars or seven
percent of the total amount in each year shall be transferred to the
city of Niagara Falls and held in an escrow account maintained by the
city of Niagara Falls and, if additional funding has been secured by the
Niagara frontier transportation authority to finance construction of a
new terminal at Niagara Falls, such amount held in escrow shall be
transferred to the Niagara frontier transportation authority for such
purpose provided however that if such additional funding has not been
secured or construction of a new terminal has not commenced within two
years of the date which such monies were received by the city of Niagara
Falls such amounts held in escrow by the city of Niagara Falls shall be
distributed pursuant to subparagraph (iii) of this paragraph; and
(5) within thirty-five days upon receipt of such funds by such city,
one percent or three hundred fifty thousand dollars, whichever is great-
er, of the total annual amount received in each year shall be trans-
ferred to the Niagara Falls Underground Railroad Heritage Commission,
established pursuant to article forty-three of the parks, recreation and
historic preservation law to be used for, but not limited to, develop-
ment, capital improvements, acquisition of real property, and acquisi-
tion of personal property within the heritage area in the city of
Niagara Falls as established pursuant to the commission; PROVIDED IN THE
EVENT THE DISTRIBUTION AVAILABLE PURSUANT TO THIS CLAUSE EXCEEDS ONE
PERCENT, IT SHALL BE DISTRIBUTED FROM THE MONEYS AVAILABLE PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH; and
(iii) all other monies appropriated or received for distribution
pursuant to this subdivision after the transfer of money pursuant to
this subparagraph and subparagraphs (i) and (ii) of this paragraph in
each year shall be allocated to the city of Niagara Falls for infras-
tructure and road improvement projects.
S 3. This act shall take effect immediately; provided that:
(a) the amendments to subdivision 3 of section 99-h of the state
finance law made by section one of this act shall expire and be deemed
repealed March 31, 2013; and
(b) the amendments to paragraph (a) of subdivision 4 of section 99-h
of the state finance law made by section two of this act shall not
affect the expiration of such section and shall be deemed to expire
therewith.
PART X
Intentionally omitted.
PART Y
S. 2810--C 19 A. 4010--C
Section 1. Subdivisions 1 and 6 of section 408 of the general business
law, as added by chapter 509 of the laws of 1992, are amended to read as
follows:
1. All licenses shall expire [two] FOUR years from the date of issu-
ance.
6. Any license, which has not been suspended or revoked, may, upon the
payment of the renewal fee, be renewed for additional periods of [two]
FOUR years from its application, without further examination, upon the
filing of an application for such renewal, on a form to be prescribed by
the secretary.
S 2. Subdivisions 1, 2 and 7 of section 409 of the general business
law, subdivision 1 as amended by chapter 341 of the laws of 1998 and
subdivisions 2 and 7 as added by chapter 509 of the laws of 1992, are
amended to read as follows:
1. The non-refundable fee for an application for a license to engage
in the practice of nail specialty, waxing, natural hair styling, esthet-
ics or cosmetology, shall be [twenty] FORTY dollars initially and for
each renewal thereof the fee shall be [twenty] FORTY dollars; the fee
for a temporary license and each renewal shall be ten dollars.
2. The fee for an appearance enhancement business license shall be
[thirty] SIXTY dollars initially and [thirty] SIXTY dollars for each
renewal thereof.
7. The fees herein set forth shall be those for licenses issued for
the license period of [two] FOUR years.
S 3. Subdivisions 2 and 4 of section 437 of the general business law,
subdivision 2 as amended by chapter 497 of the laws of 1985 and subdivi-
sion 4 as added by chapter 801 of the laws of 1946 and as renumbered by
chapter 263 of the laws of 1949, are amended to read as follows:
2. A certificate of registration as an apprentice shall be for a peri-
od of [two] FOUR years.
4. A certificate of registration expiring in any year, which has not
been revoked, may, upon payment of the fee prescribed by this article,
be renewed for additional periods of [two] FOUR years upon filing an
application therefor and the certificate mentioned in subdivision two on
condition, however, that no certificate of registration may be issued
after one renewal, unless the applicant for such certificate of regis-
tration has complied with all the provisions of this article relating to
apprentices.
S 4. Subdivisions 1 and 4 of section 439 of the general business law,
subdivision 1 as amended by chapter 497 of the laws of 1985 and subdivi-
sion 4 as amended by chapter 243 of the laws of 1999, are amended to
read as follows:
1. All licenses, except temporary licenses, shall be for a period of
[two] FOUR years.
4. Any license or certificate, except a temporary license, which has
not been suspended or revoked, may, upon the payment of the renewal fee
prescribed by this article, be renewed for additional periods of [two]
FOUR years from its expiration, without further examination, upon the
filing of any application for such renewal, on a form to be prescribed
by the secretary of state, accompanied by the certificate required by
paragraph (c) and the certificate of completion required by paragraph
(e-1) of subdivision one of section four hundred thirty-four of this
article.
S 5. Subdivisions 1, 2, 4 and 8 of section 440 of the general business
law, as amended by chapter 61 of the laws of 1989, are amended to read
as follows:
S. 2810--C 20 A. 4010--C
1. The fee for a license to engage in the practice of barbering shall
be [twenty] FORTY dollars and for each renewal thereof the fee shall be
[twenty] FORTY dollars.
2. The fee for a license to conduct a barber shop shall be [thirty]
SIXTY dollars and for each renewal thereof the fee shall be [thirty]
SIXTY dollars.
4. The fee for the registration or the renewal of the registration of
an apprentice shall be [ten] TWENTY dollars.
8. The fees hereinabove set forth shall be those for licenses issued
for the license period of [two] FOUR years. Notwithstanding the
provisions of subdivision one of section four hundred thirty-nine of
this article, after [January first, nineteen hundred eighty-six] APRIL
FIRST, TWO THOUSAND ELEVEN, the secretary of state shall assign stag-
gered expiration dates for outstanding licenses that have been previous-
ly renewed [on June thirtieth of each year] and such licenses shall
thereafter expire [two] FOUR years 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.
PART Z
Intentionally omitted.
PART AA
Section 1. Section 13-0355 of the environmental conservation law, as
added by section 6 of part LL of chapter 59 of the laws of 2009, is
amended to read as follows:
S 13-0355. Recreational marine fishing [license] REGISTRATION.
1. Definitions of [licenses] REGISTRATIONS; privileges. [a.] A recre-
ational marine fishing [license] REGISTRATION entitles the holder who is
sixteen years of age or older to take fish from the waters of the marine
and coastal district and to take migratory fish of the sea from all
waters of the state, except as provided in sections 13-0333 and 13-0335
of this title. A recreational marine fishing [license] REGISTRATION is
effective for a [license] REGISTRATION year beginning January first and
ending December thirty-first.
[b. A seven-day recreational marine fishing license
entitles the holder to exercise the privileges of a recreational marine
fishing license for the seven consecutive days specified in such
license.
c. A one-day recreational marine fishing license entitles the holder
to exercise the privileges of a recreational marine fishing license on
the day specified on such license.]
2. General provisions. a. The privileges of a recreational marine
fishing [license] REGISTRATION may be exercised only at the times and
places, and in the manner and to the extent, permitted by the fish and
wildlife law and applicable regulations of the department.
b. Recreational marine fishing [licenses] REGISTRATIONS are not trans-
ferable. No person shall alter, change, lend to another person or
attempt to transfer to another person any recreational marine fishing
[license] REGISTRATION.
S. 2810--C 21 A. 4010--C
c. A [license] REGISTRATION issued in lieu of a lost or destroyed
[license] REGISTRATION is void if it is obtained: (i) by fraud; or (ii)
by a person who is not authorized to hold it or who makes a false state-
ment in applying for it.
d. No [license] REGISTRATION authorizes the holder (a) to trespass
upon private lands or waters or to interfere with property belonging to
another person; (b) to take fish or wildlife on an Indian reservation;
(c) to enter upon, or to take or disturb fish or wildlife upon, state
lands or waters posted by the department except in accordance with a
written permit from the department or an order adopted by the depart-
ment; (d) to take any fish or wildlife in any area closed to the taking
of fish or wildlife, or to take any species of fish, wildlife or
protected insect in an area closed to the taking of such species.
3. Failure to carry [license] REGISTRATION. a. The holder of a recre-
ational marine fishing [license] REGISTRATION shall:
(i) at all times have such [license] REGISTRATION on the holder's
person while exercising any privilege of that [license] REGISTRATION;
and
(ii) shall exhibit such [license] REGISTRATION on demand to any police
officer, peace officer, or owner, lessee or other person in control of
the lands or waters or the designees of the owner, lessee or person in
control of the lands or waters on which the [license] REGISTRATION hold-
er is present and is exercising the privileges thereof.
b. Failure to have a recreational marine fishing [license] REGISTRA-
TION on one's person while exercising any privilege of that [license]
REGISTRATION is presumptive evidence that such person is fishing without
holding the [license] REGISTRATION required by this section.
4. Fees. [Each] NO applicant for a recreational marine fishing
[license] REGISTRATION shall [pay to the issuing officer a fee according
to the license issued and the residence or other qualification of the
applicant, as follows:
a. In the case of persons who have been residents of the state for
thirty days or more immediately preceding the date of application or who
are enrolled in a full-time course at a college or university within the
state and who are in residence in the state for the school year, Indians
residing off reservations in the state and members of the United States
armed forces in active service stationed in this state regardless of
place of residence at the time of entry into service:
License Fee
(1) Recreational marine fishing $10.00
(2) Seven-day recreational marine
fishing $ 8.00
(3) One-day recreational marine
fishing $ 4.00
b. In the case of a non-resident and persons resident in the state for
less than thirty days, other than persons who are enrolled in a full-
time course at a college or university within the state and who are in
residence in the state for the school year and those members of the
United States armed forces as to whom fees are specified in paragraph a
of this subdivision:
License Fee
(1) Recreational marine fishing $15.00
(2) Seven-day recreational marine
fishing $10.00
(3) One-day recreational marine
fishing $ 5.00
S. 2810--C 22 A. 4010--C
c. A person eligible for any free license pursuant to subdivision 2 of
section 11-0715 of this chapter shall be eligible for a free recreation-
al marine fishing license.
d. License issuing officers may retain 5.5 percent of the gross
proceeds from the sale of all recreational marine fishing licenses] BE
REQUIRED TO PAY A FEE FOR SUCH REGISTRATION.
5. Exemption from requirement of recreational marine fishing [license]
REGISTRATION. a. Minors under the age of sixteen may take fish as if
they held a recreational marine fishing [license] REGISTRATION.
b. Recreational fishing passengers on a marine and coastal district
party or charter boat licensed AND REGISTERED pursuant to section
13-0336 of this title may take fish as if they held a recreational
marine fishing [license] REGISTRATION.
6. Recreational marine fishing [licenses] REGISTRATION data. a. The
department is authorized to collect data on holders of recreational
marine fishing [licenses] REGISTRATIONS, which shall include but not be
limited to, a [licensee's] REGISTRANT'S name, address and date of birth.
b. [License] REGISTRATION holder data collected by the department or
available to the department shall be confidential and shall not be
disclosed except as required to comply with section 401(g) of the Magnu-
son-Stevens fisheries management and conservation act (16 U.S.C. 1881),
as may be amended from time to time, or by court order, except that the
department may release or make public any statistics in an aggregate or
summary form which does not make it possible to identify any person who
submits such data. The department may prescribe such procedures as may
be necessary to preserve such confidentiality.
7. Reciprocity in boundary waters. If persons holding recreational
marine fishing [licenses] REGISTRATIONS issued under the New York fish
and wildlife law are not required to have licenses OR REGISTRATIONS
issued by a state named in paragraph a, b or c of this subdivision when
fishing in that part of the waters, specified in such paragraph, which
lies within that state then, in such case, a person holding a similar
license OR REGISTRATION issued by such state may, without a recreational
marine fishing [license] REGISTRATION issued under the New York fish and
wildlife law, take fish as provided in this title, from that part of
such waters specified in paragraph a, b or c of this subdivision which
lies within this state:
a. License OR REGISTRATION issued by Connecticut: those parts of Long
Island Sound lying between New York and Connecticut.
b. License OR REGISTRATION issued by New Jersey: those parts of New
York Harbor, Hudson River, Kill Van Kull, Arthur Kill, Raritan Bay and
Atlantic Ocean lying between New York and New Jersey.
c. License OR REGISTRATION issued by Rhode Island: those parts of Long
Island Sound, Block Island Sound and Atlantic Ocean lying between New
York and Rhode Island.
S 2. Subdivision 1 of section 11-0702 of the environmental conserva-
tion law, as amended by chapter 507 of the laws of 2010, is amended to
read as follows:
1. There are hereby created the following lifetime hunting, fishing,
trapping, archery and muzzle-loading licenses and fees therefor subject
to the same privileges and obligations of a comparable short term
license:
Licenses Fees
a. Lifetime sportsman
license and turkey
S. 2810--C 23 A. 4010--C
permit. If purchased,
for a child four years
of age or younger $380.00
for a child age five through
eleven years of age $535.00
for a person age twelve through
sixty-nine years of age $765.00
for a person age seventy
and over. $65.00
b. Lifetime small and
big game license. $535.00
c. Lifetime fishing
license for a person age
sixty-nine or younger. $460.00
d. Lifetime fishing license
for a person age seventy
and over. $ 65.00
e. Lifetime trapping
license. $395.00
f. Lifetime archery
stamp. $235.00
g. Lifetime muzzle-
loading stamp. $235.00
[h. Lifetime recreational
marine fishing license. $150.00
i. Lifetime combination fishing
and recreational marine fishing
license. $450.00]
j. For transfer to a person pursuant
to section 11-0704 of this title $50.00
The holder of a lifetime small and big game license or fishing license
may, at any time, convert such license to a lifetime sportsman license
and turkey permit for an additional fee equal to the existing differen-
tial.
S 3. Subdivision 1 of section 11-0713 of the environmental conserva-
tion law, as amended by section 4 of part LL of chapter 59 of the laws
of 2009, is amended to read as follows:
1. a. All licenses, stamps, tags, buttons, permits, REGISTRATIONS, and
permit applications authorized by this title or section 13-0355 of this
chapter, and any additional privileges authorized by the department
shall be issued by:
(1) clerks of a county, town or city, except a city having a popu-
lation of one million or more, although such clerks may request authori-
S. 2810--C 24 A. 4010--C
zation from the department to cease issuing such licenses OR REGISTRA-
TIONS,
(2) clerks of a village having more than one thousand inhabitants
according to the last preceding federal census, or of a village in a
county of less than five hundred thousand inhabitants, adjoining a city
of over one million inhabitants, both according to such census, although
such clerks may request authorization from the department to cease issu-
ing such licenses OR REGISTRATIONS, and
(3) license issuing officers as may be appointed by the commissioner.
Applicants for designation as license issuing officers shall be over the
age of eighteen years and shall meet such other requirements of eligi-
bility, including posting bond, as the department may by regulation
specify. Such issuing officers shall be entitled to receive and keep the
same fees for issuing licenses and stamps that are specified in section
11-0715 of this title for issuing clerks [and section 13-0355 of this
chapter], and shall file reports and remit license fees to the appropri-
ate regional environmental conservation officer or the department as
required by regulation.
b. Special antlerless deer licenses shall be issued by the department
as provided in subdivision 6 of section 11-0903 of this article.
c. One-day fishing licenses [and one-day recreational marine fishing
licenses] may be issued by any person who has never been convicted of or
pleaded guilty to a misdemeanor under this chapter within the past three
years, and has not been convicted of a crime under any other law. Such
licenses shall be issued to any such person following payment of the
applicable license fee for each license. One-day fishing licenses [and
one-day recreational marine fishing licenses] may be sold by the initial
purchaser for no more than the applicable license fee, plus one dollar
for the person selling such license. In the case of misuse or fraud in
handling the fishing licenses, the department shall have the authority
to revoke the privilege to buy and sell the licenses.
S 4. Subdivision 1 of section 13-0336 of the environmental conserva-
tion law, as amended by section 5 of part LL of chapter 59 of the laws
of 2009, is amended to read as follows:
1. No owner or operator of a party boat or charter boat shall carry
recreational fishing passengers in the marine and coastal district or
land fish taken outside the territorial waters of the state without
holding a party or charter boat license issued by the department for an
annual fee of two hundred fifty dollars and a recreational marine fish-
ing [license] REGISTRATION issued by the department [for an annual fee
of four hundred dollars]. Such [licenses] LICENSE AND REGISTRATION shall
be issued only to persons domiciled in the state or in a state which
affords reciprocal fishing privileges to persons domiciled in New York.
Such [licenses] LICENSE AND REGISTRATION shall be available on the
vessel at all times. For purposes of this subdivision, party boats and
charter boats are vessels used to carry passengers for hire wherein a
fee is charged, either directly or indirectly, for the purpose of taking
or attempting to take marine fish for recreational purposes.
S 5. Paragraphs (c), (d), and (e) of subdivision 2 of section 13-0503
of the environmental conservation law, paragraphs (c) and (d) as added
and paragraph (e) as amended by section 7 of part LL of chapter 59 of
the laws of 2009, are amended to read as follows:
(c) review the allocations and expenditures of the department related
to the marine resources account. To assist the board in its review, the
department shall by September first of each year make available to the
board, the governor and the legislature current and anticipated income
S. 2810--C 25 A. 4010--C
and expenditures for the account, including planned expenditures by time
and activity code for the next fiscal year; AND
(d) consult with marine fish and wildlife interests and render annual
reports to the commissioner on fiscal needs and make recommendations on
expenditures and how such needs shall be met[; and
(e) make recommendations regarding the maximum fees for the recre-
ational marine fishing licenses identified in section 13-0355 of this
article. In recommending such fees, the board shall consider economic
indicators, the general financial condition of the saltwater recreation-
al fishing industry and the status of the marine resources account,
including the viability of the marine resources program, as it may deem
appropriate].
S 6. Any person who holds a recreational marine fishing license for
the 2011 calendar year shall be deemed to have satisfied the registra-
tion requirements of sections 13-0355 and 13-0336 of the environmental
conservation law for the calendar year 2011.
S 7. Any person who holds a lifetime combination fishing and recre-
ational marine fishing license shall be issued a lifetime fishing
license without paying the additional ten dollars that would otherwise
be charged for the lifetime fishing license.
S 8. Any person who purchased a lifetime recreational marine fishing
license shall be entitled to a refund from the state fish and game trust
account. All refunds must be provided by December 31, 2011.
S 9. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2013.
PART BB
Section 1. Subdivision 3 of section 19-0323 of the environmental
conservation law, as added by chapter 629 of the laws of 2006, is
amended to read as follows:
3. Any diesel powered heavy duty vehicle that is owned by, operated by
or on behalf of, or leased by a state agency and state and regional
public authority with more than half of its governing body appointed by
the governor shall utilize the best available retrofit technology for
reducing the emission of pollutants. The commissioner shall promulgate
regulations for the implementation of this subdivision specifying
[procedures for compliance according to the following schedule:
a. Not less than 33% of the vehicles covered by this subdivision shall
have best available retrofit technology on or before December 31, 2008.
b. Not less than 66% of the vehicles covered by this subdivision shall
have best available retrofit technology on or before December 31, 2009.
c. All] THAT ALL vehicles covered by this subdivision shall have best
available retrofit technology on or before December 31, [2010] 2012.
S 2. This act shall take effect immediately.
PART CC
Section 1. Short title. This act shall be known and may be cited as
the "recharge New York power program act."
S 2. The economic development law is amended by adding a new section
188-a to read as follows:
S 188-A. RECHARGE NEW YORK POWER PROGRAM. (A) DEFINITIONS. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
S. 2810--C 26 A. 4010--C
(1) "APPLICABLE CRITERIA" SHALL MEAN THE CRITERIA SPECIFIED IN SUBDI-
VISION (C) OF THIS SECTION.
(2) "AUTHORITY" SHALL MEAN THE POWER AUTHORITY OF THE STATE OF NEW
YORK.
(3) "RECHARGE NEW YORK POWER ALLOCATION" OR "ALLOCATION" SHALL MEAN AN
ALLOCATION OF RECHARGE NEW YORK POWER BY THE POWER AUTHORITY OF THE
STATE OF NEW YORK PURSUANT TO SECTION ONE THOUSAND FIVE OF THE PUBLIC
AUTHORITIES LAW TO AN ELIGIBLE APPLICANT RECOMMENDED BY THE NEW YORK
STATE ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD IN ACCORDANCE WITH
THIS SECTION.
(4) "ELIGIBLE APPLICANT" SHALL MEAN AN ELIGIBLE BUSINESS, ELIGIBLE
SMALL BUSINESS, OR ELIGIBLE NOT-FOR-PROFIT CORPORATION AS DEFINED IN
THIS SECTION, PROVIDED HOWEVER, THAT AN ELIGIBLE APPLICANT SHALL NOT
INCLUDE RETAIL BUSINESSES AS DEFINED BY THE BOARD, INCLUDING, WITHOUT
LIMITATION, SPORTS VENUES, GAMING OR ENTERTAINMENT-RELATED ESTABLISH-
MENTS OR PLACES OF OVERNIGHT ACCOMMODATION.
(5) "ELIGIBLE BUSINESS" SHALL MEAN A BUSINESS OTHER THAN A
NOT-FOR-PROFIT CORPORATION WHICH NORMALLY UTILIZES A MINIMUM PEAK ELEC-
TRIC DEMAND IN EXCESS OF FOUR HUNDRED KILOWATTS.
(6) "ELIGIBLE NOT-FOR-PROFIT CORPORATION" SHALL MEAN A CORPORATION
DEFINED IN SUBDIVISION FIVE OF PARAGRAPH (A) OF SECTION ONE HUNDRED TWO
OF THE NOT-FOR-PROFIT CORPORATION LAW.
(7) "ELIGIBLE SMALL BUSINESS" SHALL MEAN A BUSINESS OTHER THAN A NOT-
FOR-PROFIT CORPORATION WHICH NORMALLY UTILIZES A MINIMUM PEAK ELECTRIC
DEMAND EQUAL TO OR LESS THAN FOUR HUNDRED KILOWATTS.
(8) "RECHARGE NEW YORK POWER" SHALL MEAN AND CONSIST OF EQUAL AMOUNTS
OF (I) FOUR HUNDRED FIFTY-FIVE MEGAWATTS OF FIRM HYDROELECTRIC POWER
FROM THE NIAGARA AND SAINT LAWRENCE HYDROELECTRIC PROJECTS TO BE WITH-
DRAWN FROM UTILITY CORPORATIONS THAT, PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION, PURCHASED SUCH POWER FOR THE BENEFIT OF THEIR DOMESTIC AND
RURAL CONSUMERS ("RECHARGE NEW YORK HYDROPOWER"), AND (II) POWER
PROCURED BY THE AUTHORITY THROUGH A COMPETITIVE PROCUREMENT PROCESS,
AUTHORITY SOURCES (OTHER THAN THE NIAGARA AND SAINT LAWRENCE PROJECTS)
OR THROUGH AN ALTERNATE METHOD ("RECHARGE NEW YORK MARKET POWER");
PROVIDED, HOWEVER, THAT IF SUCH RECHARGE NEW YORK MARKET POWER COMES
FROM AUTHORITY SOURCES, THE USE OF THAT POWER SHALL NOT REDUCE THE
AVAILABILITY OF, OR CAUSE AN INCREASE IN THE PRICE OF, POWER PROVIDED BY
THE AUTHORITY FOR ANY OTHER PROGRAM AUTHORIZED IN THIS ARTICLE OR PURSU-
ANT TO ANY OTHER STATUTE.
(B) APPLICATIONS FOR RECHARGE NEW YORK POWER ALLOCATIONS. (1) THE
BOARD MAY SOLICIT APPLICATIONS FOR RECHARGE NEW YORK POWER ALLOCATIONS
UNDER THE PROGRAM CREATED BY THIS SECTION BY PUBLIC NOTICE BEGINNING NO
LATER THAN FEBRUARY FIRST, TWO THOUSAND TWELVE. SUCH NOTICE MAY INCLUDE
NEWSPAPER ADVERTISEMENTS, PRESS RELEASES, WEBSITE POSTINGS, PAPER OR
ELECTRONIC MAILING, AND/OR SUCH OTHER FORM OF NOTICE AS THE BOARD FINDS
APPROPRIATE IN CONSULTATION WITH THE AUTHORITY.
(2) APPLICATIONS FOR RECHARGE NEW YORK POWER ALLOCATIONS SHALL BE IN
THE FORM AND CONTAIN SUCH INFORMATION, EXHIBITS AND SUPPORTING DATA AS
THE BOARD PRESCRIBES IN CONSULTATION WITH THE AUTHORITY. A COPY OF EACH
APPLICATION RECEIVED SHALL BE MADE AVAILABLE FOR REVIEW BY EACH BOARD
MEMBER, AND A COPY SHALL BE PROVIDED TO THE AUTHORITY.
(3) AN APPLICANT WHO IS A RECIPIENT OF A HYDROELECTRIC POWER ALLO-
CATION OR BENEFITS SUPPORTED BY THE SALE OF HYDROELECTRIC POWER UNDER
ANOTHER PROGRAM ADMINISTERED IN WHOLE OR PART BY THE AUTHORITY SHALL BE
ELIGIBLE TO APPLY FOR AN ALLOCATION UNDER THE RECHARGE NEW YORK POWER
PROGRAM ONLY IF IT IS IN SUBSTANTIAL COMPLIANCE WITH ITS CONTRACTUAL
S. 2810--C 27 A. 4010--C
COMMITMENTS MADE IN CONNECTION WITH SUCH OTHER PROGRAM, PROVIDED HOWEVER
THAT AN APPLICANT SHALL NOT RECEIVE A RECHARGE NEW YORK POWER ALLOCATION
AND ANY OTHER AUTHORITY POWER PROGRAM BENEFITS WITH RESPECT TO THE SAME
QUANTITY OF ELECTRICITY CONSUMED AT A FACILITY.
(4) SUBJECT TO CONFIDENTIALITY REQUIREMENTS, UPON RECEIPT OF EACH
APPLICATION FROM THE BOARD, THE AUTHORITY SHALL PROMPTLY NOTIFY BY ELEC-
TRONIC MEANS, INCLUDING WEBSITE POSTINGS AND SUCH OTHER METHODS THE
BOARD DEEMS APPROPRIATE IN CONSULTATION WITH THE AUTHORITY, THE GOVER-
NOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY,
THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE
SENATE, AND EACH MEMBER OF THE STATE LEGISLATURE IN WHOSE DISTRICT ANY
PORTION OF THE FACILITY FOR WHICH AN ALLOCATION IS REQUESTED IS LOCATED.
SUCH NOTICE SHALL PROVIDE THE NAME AND A DESCRIPTION OF THE APPLICANT,
AND THE ADDRESS OF THE FACILITY FOR WHICH THE ALLOCATION IS REQUESTED.
THE AUTHORITY SHALL ALSO DEVELOP A LISTING WHICH CONTAINS THE NAME AND A
DESCRIPTION OF EACH APPLICANT, THE RECHARGE NEW YORK POWER PROGRAM ALLO-
CATION SOUGHT BY EACH APPLICANT, AND THE ADDRESS OF THE FACILITY FOR
WHICH THE APPLICANT REQUESTS THE ALLOCATION, AND SHALL MAKE THE LISTING
AVAILABLE FOR PUBLIC REVIEW ON THE AUTHORITY'S WEBSITE.
(C) REVIEW APPLICABLE CRITERIA AND RECOMMENDATIONS. (1) THE BOARD
SHALL REVIEW APPLICATIONS SUBMITTED UNDER THE RECHARGE NEW YORK POWER
PROGRAM. THE BOARD SHALL MAKE AN INITIAL DETERMINATION OF WHETHER THE
APPLICANT IS AN ELIGIBLE APPLICANT. IN THE CASE OF AN ELIGIBLE APPLI-
CANT, THE BOARD MAY RECOMMEND TO THE AUTHORITY THAT AN ALLOCATION OF
RECHARGE NEW YORK POWER BE AWARDED TO AN APPLICANT FOR A FACILITY
LOCATED IN THE STATE OF NEW YORK BASED ON CONSIDERATION OF THE FOLLOWING
CRITERIA WHICH SHALL BE CONSIDERED IN THE AGGREGATE AND NO ONE OF WHICH
SHALL BE PRESUMPTIVELY DETERMINATIVE:
(I) THE SIGNIFICANCE OF THE COST OF ELECTRICITY TO THE APPLICANT'S
OVERALL COST OF DOING BUSINESS, AND THE IMPACT THAT A RECHARGE NEW YORK
POWER ALLOCATION WILL HAVE ON THE APPLICANT'S OPERATING COSTS;
(II) THE EXTENT TO WHICH A RECHARGE NEW YORK POWER ALLOCATION WILL
RESULT IN NEW CAPITAL INVESTMENT IN THE STATE BY THE APPLICANT;
(III) THE EXTENT TO WHICH A RECHARGE NEW YORK POWER ALLOCATION IS
CONSISTENT WITH ANY REGIONAL ECONOMIC DEVELOPMENT COUNCIL STRATEGIES AND
PRIORITIES;
(IV) THE TYPE AND COST OF BUILDINGS, EQUIPMENT AND FACILITIES TO BE
CONSTRUCTED, ENLARGED OR INSTALLED IF THE APPLICANT WERE TO RECEIVE AN
ALLOCATION;
(V) THE APPLICANT'S PAYROLL, SALARIES, BENEFITS AND NUMBER OF JOBS AT
THE FACILITY FOR WHICH A RECHARGE NEW YORK POWER ALLOCATION IS
REQUESTED;
(VI) THE NUMBER OF JOBS THAT WILL BE CREATED OR RETAINED WITHIN THE
STATE IN RELATION TO THE REQUESTED RECHARGE NEW YORK POWER ALLOCATION,
AND THE EXTENT TO WHICH THE APPLICANT WILL AGREE TO COMMIT TO CREATING
OR RETAINING SUCH JOBS AS A CONDITION TO RECEIVING A RECHARGE NEW YORK
POWER ALLOCATION;
(VII) WHETHER THE APPLICANT, DUE TO THE COST OF ELECTRICITY, IS AT
RISK OF CLOSING OR CURTAILING FACILITIES OR OPERATIONS IN THE STATE,
RELOCATING FACILITIES OR OPERATIONS OUT OF THE STATE, OR LOSING A
SIGNIFICANT NUMBER OF JOBS IN THE STATE, IN THE ABSENCE OF A RECHARGE
NEW YORK POWER ALLOCATION;
(VIII) THE SIGNIFICANCE OF THE APPLICANT'S FACILITY THAT WOULD RECEIVE
THE RECHARGE NEW YORK POWER ALLOCATION TO THE ECONOMY OF THE AREA IN
WHICH SUCH FACILITY IS LOCATED;
S. 2810--C 28 A. 4010--C
(IX) THE EXTENT TO WHICH THE APPLICANT HAS INVESTED IN ENERGY EFFI-
CIENCY MEASURES, WILL AGREE TO PARTICIPATE IN OR PERFORM ENERGY AUDITS
OF ITS FACILITIES, WILL AGREE TO PARTICIPATE IN ENERGY EFFICIENCY
PROGRAMS OF THE AUTHORITY, OR WILL COMMIT TO IMPLEMENT OR OTHERWISE MAKE
TANGIBLE INVESTMENTS IN ENERGY EFFICIENCY MEASURES AS A CONDITION TO
RECEIVING A RECHARGE NEW YORK POWER ALLOCATION;
(X) WHETHER THE APPLICANT RECEIVES A HYDROELECTRIC POWER ALLOCATION OR
BENEFITS SUPPORTED BY THE SALE OF HYDROELECTRIC POWER UNDER ANOTHER
PROGRAM ADMINISTERED IN WHOLE OR IN PART BY THE AUTHORITY;
(XI) THE EXTENT TO WHICH A RECHARGE NEW YORK POWER ALLOCATION WILL
RESULT IN AN ADVANTAGE FOR AN APPLICANT IN RELATION TO THE APPLICANT'S
COMPETITORS WITHIN THE STATE; AND
(XII) IN ADDITION TO THE FOREGOING CRITERIA, IN THE CASE OF A
NOT-FOR-PROFIT CORPORATION, WHETHER THE APPLICANT PROVIDES CRITICAL
SERVICES OR SUBSTANTIAL BENEFITS TO THE LOCAL COMMUNITY IN WHICH THE
FACILITY FOR WHICH THE ALLOCATION IS REQUESTED IS LOCATED.
(2) A RECOMMENDATION BY THE BOARD THAT THE AUTHORITY PROVIDE A
RECHARGE NEW YORK POWER ALLOCATION TO AN ELIGIBLE APPLICANT SHALL
INCLUDE, BUT NEED NOT BE LIMITED TO:
(I) THE AMOUNT OF THE RECHARGE NEW YORK POWER ALLOCATION THE BOARD HAS
DETERMINED SHOULD BE AWARDED TO SUCH ELIGIBLE APPLICANT, PROVIDED HOWEV-
ER, THAT THE BOARD MAY RECOMMEND A RECHARGE NEW YORK POWER ALLOCATION IN
AN AMOUNT THAT IS LESS THAN THE AMOUNT REQUESTED BY SUCH APPLICANT;
(II) AN EFFECTIVE INITIAL TERM OF THE ALLOCATION AND CONTRACT BETWEEN
THE ELIGIBLE APPLICANT AND THE AUTHORITY WHICH SHALL NOT EXCEED SEVEN
YEARS, PROVIDED HOWEVER THAT THE TERM OF ANY SUCH ALLOCATION AND
CONTRACT SHALL NOT BECOME EFFECTIVE BEFORE JULY FIRST, TWO THOUSAND
TWELVE;
(III) PROVISIONS FOR EFFECTIVE PERIODIC AUDITS OF THE RECIPIENT OF AN
ALLOCATION FOR THE PURPOSE OF DETERMINING CONTRACT AND PROGRAM COMPLI-
ANCE, AND FOR THE PARTIAL OR COMPLETE WITHDRAWAL OF AN ALLOCATION IF THE
RECIPIENT FAILS TO MAINTAIN MUTUALLY AGREED UPON COMMITMENTS, RELATING
TO, AMONG OTHER THINGS, EMPLOYMENT LEVELS, POWER UTILIZATION, CAPITAL
INVESTMENTS, AND/OR ENERGY EFFICIENCY MEASURES;
(IV) A REQUIREMENT FOR AN AGREEMENT BY THE RECIPIENT OF AN ALLOCATION
TO (A) UNDERTAKE AT ITS OWN EXPENSE AN ENERGY AUDIT OF ITS FACILITIES AT
WHICH THE ALLOCATION IS CONSUMED AT LEAST ONCE DURING THE TERM OF THE
ALLOCATION BUT IN ANY EVENT NOT LESS THAN ONCE EVERY FIVE YEARS,
PROVIDED, HOWEVER, THAT SUCH REQUIREMENT MAY BE WAIVED OR MODIFIED BY
THE AUTHORITY ON A SHOWING OF GOOD CAUSE BY THE RECIPIENT, AND (B)
PROVIDE THE AUTHORITY WITH A COPY OF ANY SUCH AUDIT OR, AT THE AUTHORI-
TY'S OPTION, A REPORT DESCRIBING THE RESULTS OF SUCH AUDIT, AND PROVIDE
DOCUMENTATION REQUESTED BY THE AUTHORITY RELATING TO THE IMPLEMENTATION
OF ANY EFFICIENCY MEASURES AT THE FACILITIES; AND
(V) A REQUIREMENT FOR AN AGREEMENT BY THE RECIPIENT OF AN ALLOCATION
TO (A) MAKE ITS FACILITIES AVAILABLE AT REASONABLE TIMES AND INTERVALS
FOR ENERGY AUDITS AND RELATED ASSESSMENTS THAT THE AUTHORITY DESIRES TO
PERFORM, IF ANY, AT THE AUTHORITY'S OWN EXPENSE, AND (B) PROVIDE INFOR-
MATION REQUESTED BY THE AUTHORITY OR ITS DESIGNEE IN SURVEYS, QUESTION-
NAIRES AND OTHER INFORMATION REQUESTS RELATING TO ENERGY EFFICIENCY AND
ENERGY-RELATED PROJECTS, PROGRAMS AND SERVICES.
(3) THE BOARD'S RECOMMENDATION SHALL REQUIRE THAT IF THE ACTUAL
METERED LOAD AT THE FACILITY WHERE THE ALLOCATION IS UTILIZED IS LESS
THAN THE ALLOCATION, SUCH ALLOCATION WILL BE REDUCED ACCORDINGLY,
PROVIDED THAT, UNDER ITS CONTRACT WITH THE AUTHORITY, THE RECIPIENT
SHALL BE AFFORDED A REASONABLE PERIOD WITHIN WHICH TO FULLY UTILIZE THE
S. 2810--C 29 A. 4010--C
ALLOCATION, TAKING INTO ACCOUNT CONSTRUCTION SCHEDULES AND ECONOMIC
CONDITIONS. THE AUTHORITY SHALL REALLOCATE ANY WITHDRAWN OR RELINQUISHED
POWER FOR THE RECHARGE NEW YORK POWER PROGRAM CONSISTENT WITH PARAGRAPH
FOUR OF THIS SUBDIVISION.
(4) THE BOARD MAY BASE ITS RECOMMENDATION ON WHICH ELIGIBLE APPLICANTS
IT DETERMINES BEST MEET THE APPLICABLE CRITERIA; PROVIDED, HOWEVER, THAT
THE BOARD SHALL DEDICATE RECHARGE NEW YORK POWER AS FOLLOWS: (I) AT
LEAST THREE HUNDRED FIFTY MEGAWATTS FOR USE AT FACILITIES LOCATED WITHIN
THE SERVICE TERRITORIES OF THE UTILITY CORPORATIONS THAT, PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION, PURCHASED NIAGARA AND SAINT LAWRENCE
HYDROELECTRIC POWER FOR THE BENEFIT OF THEIR DOMESTIC AND RURAL CONSUM-
ERS; (II) AT LEAST TWO HUNDRED MEGAWATTS FOR THE PURPOSES OF ATTRACTING
NEW BUSINESS TO THE STATE, CREATING NEW BUSINESS WITHIN THE STATE, OR
ENCOURAGING THE EXPANSION OF EXISTING BUSINESSES WITHIN THE STATE, THAT
CREATE NEW JOBS OR LEVERAGE NEW CAPITAL INVESTMENT; AND (III) AN AMOUNT
NOT TO EXCEED ONE HUNDRED MEGAWATTS FOR ELIGIBLE SMALL BUSINESSES AND
ELIGIBLE NOT-FOR-PROFIT CORPORATIONS.
(5) THE BOARD SHALL ISSUE A WRITTEN STATEMENT OF ITS FINDINGS AND
CONCLUSIONS WITH RESPECT TO EVERY APPLICATION AND THE REASONS FOR ITS
RECOMMENDATION TO THE AUTHORITY.
(6) A RECOMMENDATION FOR A RECHARGE NEW YORK POWER ALLOCATION SHALL
QUALIFY AN APPLICANT TO ENTER INTO A CONTRACT WITH THE AUTHORITY PURSU-
ANT TO THE TERMS AND CONDITIONS OF THE RECOMMENDATION BY THE BOARD AND
ON SUCH OTHER TERMS AS THE AUTHORITY DETERMINES TO BE APPROPRIATE.
(7) THE BOARD SHALL NOT RECOMMEND A TOTAL OF RECHARGE NEW YORK POWER
ALLOCATIONS IN EXCESS OF NINE HUNDRED TEN MEGAWATTS.
(D) THE AUTHORITY SHALL WORK COOPERATIVELY WITH THE DEPARTMENT OF
PUBLIC SERVICE TO RECOMMEND TO THE PUBLIC SERVICE COMMISSION REDUCED
RATES OR AN EQUIVALENT MECHANISM FOR THE DELIVERY BY UTILITY CORPO-
RATIONS OF RECHARGE NEW YORK POWER PROGRAM ALLOCATIONS. ANY SUCH RECOM-
MENDATION FOR REDUCED DELIVERY RATES SHALL BE AT SUCH LEVEL AS TO ALLOW
THE UTILITY TO (I) RECOVER THE INCREMENTAL COST OF PROVIDING DELIVERY
SERVICE TO SUCH CUSTOMERS, AND (II) CONTRIBUTE TO THE COMMON DELIVERY
AND RELATED COSTS WHICH OTHERWISE WOULD BE BORNE BY OTHER CUSTOMERS.
(E) THE AUTHORITY SHALL, AT A MINIMUM, REPORT QUARTERLY TO THE BOARD
ON THE AVAILABILITY OF RECHARGE NEW YORK POWER FOR THE SUBSEQUENT
TWELVE-MONTH PERIOD, THE AMOUNT OF SUCH POWER ALLOCATED AND OTHER RELE-
VANT INFORMATION.
(F) AFTER AN AWARD OF A RECHARGE NEW YORK POWER ALLOCATION, THE BOARD
SHALL ACCEPT REQUESTS FROM RECIPIENTS WHO AT THE TIME OF SUCH REQUEST
ARE ELIGIBLE APPLICANTS WHO ARE IN SUBSTANTIAL COMPLIANCE WITH CONTRAC-
TUAL COMMITMENTS MADE IN CONNECTION WITH THE RECHARGE NEW YORK POWER
PROGRAM FOR AN EXTENSION OF AN EXISTING ALLOCATION (I) DURING THE TWEN-
TY-FOUR MONTH PERIOD IMMEDIATELY PRECEDING THE EXPIRATION OF THE TERM OF
THE ALLOCATION, OR (II) AT SUCH EARLIER TIME WITH THE CONSENT OF THE
AUTHORITY IN WRITING. REQUESTS FOR EXTENSIONS SHALL BE REVIEWED USING
THE CRITERIA SET FORTH IN PARAGRAPH ONE OF SUBDIVISION (C) OF THIS
SECTION.
(G) TRANSFERS OF RECHARGE NEW YORK POWER. NOTWITHSTANDING ANY OTHER
APPROVAL REQUIRED BY STATUTE, REGULATION OR CONTRACT, THE TRANSFER OF A
RECHARGE NEW YORK POWER ALLOCATION TO A DIFFERENT RECIPIENT, TO A
DIFFERENT OWNER OR OPERATOR OF A FACILITY, OR TO A DIFFERENT FACILITY IS
PROHIBITED UNLESS SPECIFICALLY APPROVED BY THE BOARD AS CONSISTENT WITH
THE CRITERIA AND REQUIREMENTS OF THIS SECTION. ANY TRANSFER THAT OCCURS
WITHOUT THE BOARD'S APPROVAL SHALL BE INVALID AND SUCH TRANSFER MAY
S. 2810--C 30 A. 4010--C
SUBJECT THE TRANSFEROR TO REVOCATION OR MODIFICATION OF ITS ALLOCATION
AND CONTRACT.
(H) (1) THE BOARD, IN CONSULTATION WITH THE AUTHORITY, SHALL SUBMIT TO
THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEM-
BLY, MINORITY LEADER OF THE SENATE AND MINORITY LEADER OF THE ASSEMBLY
AN EVALUATION OF THE EFFECTIVENESS OF THE RECHARGE NEW YORK POWER
PROGRAM. SUCH EVALUATION SHALL FOCUS ON HOW THE PROGRAM HAS AIDED
RECIPIENTS OF POWER ALLOCATIONS, AND MAY INCLUDE RECOMMENDATIONS FOR HOW
THE PROGRAM CAN BE MADE MORE EFFECTIVE, AND SHALL BE BASED, IN PART, ON
THE RELATIVE COSTS OF POWER FOR RECIPIENTS IN COMPARISON TO THE COST OF
POWER FOR NON-RECIPIENTS. SUCH EVALUATION SHALL BE SUBMITTED BY DECEM-
BER THIRTY-FIRST, TWO THOUSAND FIFTEEN AND BY DECEMBER THIRTY-FIRST
EVERY FIVE YEARS THEREAFTER.
(2) THE BOARD, WITH ASSISTANCE FROM THE AUTHORITY, SHALL MAINTAIN THE
NECESSARY RECORDS AND DATA REQUIRED TO PERFORM SUCH EVALUATION AND
RESPOND TO REQUESTS FOR INFORMATION PURSUANT TO ARTICLE SIX OF THE
PUBLIC OFFICERS LAW.
S 3. Section 1005 of the public authorities law is amended by adding a
new subdivision 13-a to read as follows:
13-A. RECHARGE NEW YORK POWER PROGRAM. (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, BUT SUBJECT TO THE TERMS AND CONDI-
TIONS OF FEDERAL ENERGY REGULATORY COMMISSION LICENSES, TO ALLOCATE,
REALLOCATE OR EXTEND, DIRECTLY OR BY SALE FOR RESALE, UP TO NINE HUNDRED
TEN MEGAWATTS OF RECHARGE NEW YORK POWER TO ELIGIBLE APPLICANTS LOCATED
WITHIN THE STATE OF NEW YORK UPON THE RECOMMENDATION OF THE NEW YORK
STATE ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD PURSUANT TO SECTION
ONE HUNDRED EIGHTY-EIGHT-A OF THE ECONOMIC DEVELOPMENT LAW.
(B) RECHARGE NEW YORK POWER SHALL MEAN AND CONSIST OF EQUAL AMOUNTS OF
(1) FOUR HUNDRED FIFTY-FIVE MEGAWATTS OF FIRM HYDROELECTRIC POWER FROM
THE NIAGARA AND SAINT LAWRENCE HYDROELECTRIC PROJECTS TO BE WITHDRAWN,
AS OF THE EARLIEST DATE SUCH POWER MAY BE WITHDRAWN CONSISTENT WITH
CONTRACTUAL REQUIREMENTS, FROM UTILITY CORPORATIONS THAT, PRIOR TO THE
EFFECTIVE DATE OF THIS SUBDIVISION, PURCHASED SUCH POWER FOR THE BENEFIT
OF THEIR DOMESTIC AND RURAL CONSUMERS ("RECHARGE NEW YORK HYDROPOWER"),
AND (2) POWER PROCURED BY THE AUTHORITY THROUGH MARKET SOURCES, A
COMPETITIVE PROCUREMENT PROCESS, OR AUTHORITY SOURCES (OTHER THAN THE
NIAGARA AND SAINT LAWRENCE PROJECTS) (COLLECTIVELY OR INDIVIDUALLY,
"RECHARGE NEW YORK MARKET POWER"); PROVIDED, HOWEVER, THAT IF SUCH
RECHARGE NEW YORK MARKET POWER COMES FROM AUTHORITY SOURCES, THE USE OF
THAT POWER SHALL NOT REDUCE THE AVAILABILITY OF, OR CAUSE AN INCREASE IN
THE PRICE OF, POWER PROVIDED BY THE AUTHORITY FOR ANY OTHER PROGRAM
AUTHORIZED IN THIS ARTICLE OR PURSUANT TO ANY OTHER STATUTE.
(C) NOTWITHSTANDING SECTION ONE THOUSAND NINE OF THIS TITLE OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY IS AUTHORIZED,
BEGINNING JULY FIRST, TWO THOUSAND TWELVE, TO MAKE AVAILABLE, CONTRACT
WITH AND SELL TO SUCH ELIGIBLE APPLICANTS AS ARE RECOMMENDED BY THE
ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD UP TO NINE HUNDRED TEN MEGA-
WATTS OF RECHARGE NEW YORK POWER FOR RECHARGE NEW YORK POWER ALLO-
CATIONS. A RECHARGE NEW YORK POWER ALLOCATION SHALL CONSIST OF EQUAL
PARTS OF RECHARGE NEW YORK HYDROPOWER AND RECHARGE NEW YORK MARKET POWER
AS SUCH TERMS ARE DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION;
PROVIDED, HOWEVER, THAT PRIOR TO ENTERING INTO A CONTRACT WITH AN ELIGI-
BLE APPLICANT FOR THE SALE OF RECHARGE NEW YORK POWER, AND PRIOR TO THE
PROVISION OF ELECTRIC SERVICE RELATING TO THE RECHARGE NEW YORK POWER
ALLOCATION, THE AUTHORITY SHALL OFFER EACH ELIGIBLE APPLICANT THE OPTION
TO DECLINE TO PURCHASE THE RECHARGE NEW YORK MARKET POWER COMPONENT OF
S. 2810--C 31 A. 4010--C
SUCH ALLOCATION. IF AN ELIGIBLE APPLICANT DECLINES TO PURCHASE SUCH
MARKET POWER FROM THE AUTHORITY, THE AUTHORITY SHALL HAVE NO RESPONSI-
BILITY FOR SUPPLYING SUCH MARKET POWER TO THE ELIGIBLE APPLICANT.
S 4. Section 1005 of the public authorities law is amended by adding a
new subdivision 13-b to read as follows:
13-B. RESIDENTIAL CONSUMER DISCOUNT PROGRAMS. (A) RESIDENTIAL CONSUM-
ER ELECTRICITY COST DISCOUNT. NOTWITHSTANDING ANY PROVISION OF THIS
TITLE OR ARTICLE SIX OF THE ECONOMIC DEVELOPMENT LAW TO THE CONTRARY,
THE AUTHORITY IS AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE BY THE
TRUSTEES, TO USE REVENUES FROM THE SALE OF HYDROELECTRIC POWER, AND SUCH
OTHER FUNDS OF THE AUTHORITY AS DEEMED FEASIBLE AND ADVISABLE BY THE
TRUSTEES, TO FUND MONTHLY PAYMENTS TO BE MADE FOR THE BENEFIT OF SUCH
CLASSES OF ELECTRICITY CONSUMERS AS ENJOYED THE BENEFITS OF AUTHORITY
HYDROELECTRIC POWER WITHDRAWN PURSUANT TO SUBDIVISION THIRTEEN-A OF THIS
SECTION, FOR THE PURPOSE OF MITIGATING PRICE IMPACTS ASSOCIATED WITH THE
REALLOCATION OF SUCH POWER IN THE MANNER DESCRIBED IN THIS SUBDIVISION.
SUCH MONTHLY PAYMENTS SHALL COMMENCE AFTER SUCH HYDROELECTRIC POWER IS
WITHDRAWN. THE TOTAL ANNUAL AMOUNT OF MONTHLY PAYMENTS FOR EACH OF THE
THREE TWELVE MONTH PERIODS FOLLOWING WITHDRAWAL OF SUCH HYRDOELECTRIC
POWER SHALL BE ONE HUNDRED MILLION DOLLARS. THE TOTAL ANNUAL AMOUNT OF
MONTHLY PAYMENTS FOR EACH OF THE TWO SUBSEQUENT TWELVE MONTH PERIODS
SHALL BE SEVENTY MILLION DOLLARS AND FIFTY MILLION DOLLARS, RESPECTIVE-
LY. THEREAFTER, THE TOTAL ANNUAL AMOUNT OF MONTHLY PAYMENTS FOR EACH
TWELVE MONTH PERIOD SHALL BE THIRTY MILLION DOLLARS. THE TOTAL AMOUNT
OF MONTHLY PAYMENTS SHALL BE APPORTIONED BY THE AUTHORITY AMONG THE
UTILITY CORPORATIONS THAT, PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, PURCHASED SUCH HYDROELECTRIC POWER FOR THE BENEFIT OF THEIR DOMES-
TIC AND RURAL CONSUMERS ACCORDING TO THE RELATIVE AMOUNTS OF SUCH POWER
PURCHASED BY SUCH CORPORATIONS. THE MONTHLY PAYMENTS SHALL BE CREDITED
TO THE ELECTRICITY BILLS OF SUCH CORPORATIONS' DOMESTIC AND RURAL
CONSUMERS IN A MANNER TO BE DETERMINED BY THE PUBLIC SERVICE COMMISSION
OF THE STATE OF NEW YORK. THE MONTHLY CREDIT PROVIDED BY ANY SUCH
CORPORATION TO ANY ONE CONSUMER SHALL NOT EXCEED THE TOTAL MONTHLY ELEC-
TRIC UTILITY COST INCURRED BY SUCH CONSUMER.
(B) AGRICULTURAL CONSUMER ELECTRICITY COST DISCOUNT. (1) BEGINNING
WITH THE SECOND TWELVE MONTH PERIOD AFTER SUCH HYDROELECTRIC POWER IS
WITHDRAWN, UP TO EIGHT MILLION DOLLARS OF THE RESIDENTIAL CONSUMER ELEC-
TRICITY COST DISCOUNT ESTABLISHED BY PARAGRAPH (A) OF THIS SUBDIVISION
SHALL BE DEDICATED FOR MONTHLY PAYMENTS TO AGRICULTURAL PRODUCERS WHO
RECEIVE ELECTRIC SERVICE AT THE RESIDENTIAL RATE. THE TOTAL AMOUNT OF
MONTHLY PAYMENTS SHALL BE APPORTIONED BY THE AUTHORITY AMONG THE UTILITY
CORPORATIONS IN THE SAME MANNER AS THEY ARE APPORTIONED IN PARAGRAPH (A)
OF THIS SUBDIVISION. MONTHLY PAYMENTS SHALL BE CREDITED TO THE ELECTRIC-
ITY BILLS OF SUCH CORPORATIONS' AGRICULTURAL CONSUMERS IN A MANNER TO BE
DETERMINED BY THE PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK.
THE COMBINED MONTHLY CREDIT, UNDER THIS PARAGRAPH AND PARAGRAPH (A) OF
THIS SUBDIVISION, PROVIDED BY ANY SUCH CORPORATION TO ANY ONE CONSUMER
SHALL NOT EXCEED THE TOTAL MONTHLY ELECTRIC UTILITY COST INCURRED BY
SUCH CONSUMER.
(2) THE AUTHORITY SHALL WORK COOPERATIVELY WITH THE DEPARTMENT OF
PUBLIC SERVICE TO EVALUATE THE AGRICULTURAL CONSUMER ELECTRICITY COST
DISCOUNT, WHICH SHALL INCLUDE AN ASSESSMENT OF THE BENEFITS TO RECIPI-
ENTS COMPARED TO THE BENEFITS THE RECIPIENTS RECEIVED FROM THE AUTHORI-
TY'S HYDROELECTRIC POWER, WITHDRAWN PURSUANT TO SUBDIVISION THIRTEEN-A
OF THIS SECTION, DURING THE TWELVE MONTH PERIOD ENDING DECEMBER THIRTY-
S. 2810--C 32 A. 4010--C
FIRST, TWO THOUSAND TEN, AND COMPARED TO OTHER AGRICULTURAL CONSUMERS
THAT DID NOT CHOOSE TO RECEIVE THE DISCOUNT.
(C) ENERGY EFFICIENCY PROGRAM. (1) BEGINNING WITH THE WITHDRAWAL OF
SUCH HYDROELECTRIC POWER, THE AUTHORITY OR THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, SHALL CONDUCT AN ENERGY EFFICIENCY
PROGRAM FOR FIVE YEARS TO PROVIDE ENERGY EFFICIENCY IMPROVEMENTS FOR THE
PURPOSE OF REDUCING ENERGY CONSUMPTION FOR DOMESTIC AND RURAL CONSUMERS.
SUCH ENERGY EFFICIENCY PROGRAM MAY BE UNDERTAKEN IN COOPERATION WITH
OTHER ENERGY EFFICIENCY PROGRAMS OFFERED BY UTILITY CORPORATIONS, STATE
AGENCIES AND AUTHORITIES INCLUDING BUT NOT LIMITED TO THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; PROVIDED HOWEVER THAT ENERGY
SAVINGS ATTRIBUTABLE TO SUCH OTHER ENERGY EFFICIENCY PROGRAMS SHALL NOT
BE INCLUDED IN DETERMINING THE AMOUNT OF ENERGY SAVED PURSUANT TO THE
PROGRAM ESTABLISHED BY THIS PARAGRAPH;
(2) THE AUTHORITY OR THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY SHALL ANNUALLY POST ON THEIR WEBSITE A REPORT EVALUATING
THE ENERGY EFFICIENCY PROGRAM, INCLUDING BUT NOT LIMITED TO, THE NUMBER
OF DOMESTIC AND RURAL CONSUMERS WHO OPTED TO PARTICIPATE IN THE PROGRAM
AND, IF PRACTICABLE, THE ESTIMATED SAVINGS THE DOMESTIC AND RURAL
CONSUMERS RECEIVED BY PARTICIPATING IN THE ENERGY EFFICIENCY PROGRAM.
S 5. Section 1005 of the public authorities law is amended by adding a
new subdivision 18 to read as follows:
18. FOR THE PURPOSE OF FURNISHING THE STATE WITH SYSTEMATIC INFORMA-
TION REGARDING THE STATUS AND THE ACTIVITIES OF THE AUTHORITY, THE
AUTHORITY SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND
THE MINORITY LEADER OF THE ASSEMBLY, WITHIN NINETY DAYS AFTER THE END OF
ITS FISCAL YEAR, A COMPLETE AND DETAILED ANNUAL REPORT ON EACH ECONOMIC
DEVELOPMENT POWER PROGRAM IT ADMINISTERS. SUCH ANNUAL REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
A. THE NUMBER OF RECIPIENTS OF ECONOMIC POWER PROGRAM BENEFITS, THE
ECONOMIC REGION IN WHICH EACH RECIPIENT IS LOCATED, THE TYPE AND AMOUNT
OF ASSISTANCE PROVIDED, MEGAWATTS OF POWER AWARDED, LENGTH OF CURRENT
CONTRACT, CURRENT CONTRACT COMPLIANCE STATUS, LAST AUDIT, NUMBER OF JOBS
RETAINED AND/OR ADDED IN THE FISCAL YEAR, APPROXIMATE ENERGY EFFICIENCY
SAVINGS AND AMOUNT OF POWER REALLOCATED FROM PREVIOUS YEARS DUE TO
FORFEITED BENEFITS; AND
B. COST TO THE AUTHORITY TO PROVIDE ECONOMIC DEVELOPMENT POWER
PROGRAMS DURING THE PREVIOUS FISCAL YEAR.
S 6. Transitional electricity discount. Notwithstanding any provision
of title 1 of article 5 of the public authorities law or article 6 of
the economic development law to the contrary, with respect to applicants
who are in substantial compliance with all contractual commitments and
receiving benefits under the power for jobs, energy cost savings bene-
fit, economic development, high load factor or municipal distribution
agency programs, but do not receive a recommendation from the New York
state economic development power allocation board for a recharge New
York power allocation pursuant to section 188-a of the economic develop-
ment law, such board shall recommend that the power authority of the
state of New York provide for a transitional electricity discount to
such applicants. The power authority of the state of New York is author-
ized, as deemed feasible and advisable by the trustees, to provide such
transitional electricity discounts as recommended by the New York state
economic development power allocation board. The power authority of the
state of New York shall identify and advise such board whether suffi-
cient funds are available for the funding of such transitional electric-
S. 2810--C 33 A. 4010--C
ity discounts through June 30, 2016. The amount of the transitional
electricity discount for the period July 1, 2012 through June 30, 2014
shall be equivalent to 66 percent of the unit (per kilowatt-hour) value
of the savings received by the applicant under the power for jobs or
energy cost savings benefit programs during the 12 months ending on
December 31, 2010. The amount of the transitional electricity discount
for the period July 1, 2014 through June 30, 2016 shall be equivalent to
33 percent of the unit (per kilowatt-hour) value of the savings received
by the applicant under the power for jobs or energy cost savings benefit
programs during the 12 months ending on December 31, 2010.
S 7. Section 9 of chapter 316 of the laws of 1997 amending the public
authorities law and other laws relating to the provision of low cost
power to foster statewide economic development, as amended by chapter
311 of the laws of 2010, is amended to read as follows:
S 9. This act shall take effect immediately and shall expire and be
deemed repealed [May 15, 2011] JUNE 30, 2012.
S 8. Section 11 of chapter 645 of the laws of 2006 amending the
economic development law and other laws relating to reauthorizing the
New York power authority to make contributions to the general fund, as
amended by chapter 311 of the laws of 2010, is amended to read as
follows:
S 11. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2006; provided,
however, that the amendments to section 183 of the economic development
law and subparagraph 2 of paragraph g of the ninth undesignated para-
graph of section 1005 of the public authorities law made by sections two
and six of this act shall not affect the expiration of such section and
subparagraph, respectively, and shall be deemed to expire therewith;
provided further, however, that the amendments to section 189 of the
economic development law and subdivision 9 of section 186-a of the tax
law made by sections three, four, five and ten of this act shall not
affect the repeal of such section and subdivision, respectively, and
shall be deemed to be repealed therewith; provided further, however,
that section seven of this act shall expire and be deemed repealed [May
15, 2011] JUNE 30, 2012.
S 9. Paragraphs 2 and 4 of subdivision (h) of section 183 of the
economic development law, as amended by chapter 311 of the laws of 2010,
are amended to read as follows:
2. During the period commencing on November first, two thousand five
and ending on [May fifteenth, two thousand eleven] JUNE THIRTIETH, TWO
THOUSAND TWELVE eligible businesses shall only include customers served
under the power authority of the state of New York's high load factor,
economic development power and other business customers served by poli-
tical subdivisions of the state authorized by law to engage in the
distribution of electric power that were authorized to be served by the
authority from the authority's former James A. Fitzpatrick nuclear power
plant as of the effective date of this subdivision whose power prices
may be subject to increase before [May fifteenth, two thousand eleven]
JUNE THIRTIETH, TWO THOUSAND TWELVE. Provided, however, that the total
amount of megawatts of replacement and preservation power which, due to
the extension of the energy cost savings benefits, are not relinquished
by or withdrawn from a recipient shall be deemed to be relinquished or
withdrawn for purposes of offering such megawatts by the authority for
reallocation pursuant to subdivision thirteen of section one thousand
five of the public authorities law. Provided, further, that for any such
reallocation, the authority shall maintain the same energy cost savings
S. 2810--C 34 A. 4010--C
benefit level for all eligible businesses using any available authority
resources as deemed feasible and advisable by the trustees pursuant to
section seven of part U of chapter fifty-nine of the laws of two thou-
sand six.
4. Applications for an energy cost savings benefit shall be in the
form and contain such information, exhibits and supporting data as the
board may prescribe. The board shall review the applications received
and shall determine the applications which best meet the criteria estab-
lished for the benefits pursuant to this subdivision and it shall recom-
mend such applications to the power authority of the state of New York
with such terms and conditions as it deems appropriate; provided, howev-
er, that for energy cost savings benefits granted on or after [June
thirtieth, two thousand nine] MAY FIFTEENTH, TWO THOUSAND ELEVEN through
[May fifteenth, two thousand eleven] JUNE THIRTIETH, TWO THOUSAND
TWELVE, the board shall expedite the awarding of such benefits and shall
defer the review of compliance with such criteria until after the appli-
cant has been awarded an energy cost savings benefit. Such terms and
conditions shall include reasonable provisions providing for the partial
or complete withdrawal of the energy cost savings benefit in the event
the recipient fails to maintain mutually agreed upon commitments that
may include, but are not limited to, levels of employment, capital
investment and power utilization. Recommendation for approval of an
energy cost savings benefit shall qualify an applicant to receive an
energy cost savings benefit from the power authority of the state of New
York pursuant to the terms and conditions of the recommendation.
S 10. The opening paragraph of paragraph 5 of subdivision (a) of
section 189 of the economic development law, as amended by chapter 311
of the laws of 2010, is amended to read as follows:
"Power for jobs electricity savings reimbursements" shall mean
payments made by the power authority of the state of New York as recom-
mended by the board to recipients of allocations of power under phases
four and five of the power for jobs program for a period of time until
November thirtieth, two thousand four, subsequent to the expiration of
their phase four or five power for jobs contract provided however that
any power for jobs recipient may choose to receive an electricity
savings reimbursement as a substitute for a contract extension for the
period from the date the recipient's contract expires through [May
fifteenth] JUNE THIRTIETH, two thousand [eleven] TWELVE. The "basic
reimbursement" is an amount that when credited against the recipient's
actual "unit cost of electricity" during a quarter (meaning the cost for
commodity and delivery per kilowatt-hour for the quantity of electricity
purchased and delivered under the power for jobs program during a simi-
lar period in the final year of the recipient's contract), results in an
effective unit cost of electricity during the quarter equal to the aver-
age unit cost of electricity such recipient paid during the final year
of the contract for power allocated under phase four or five of the
power for jobs program, PROVIDED HOWEVER THAT NOTWITHSTANDING THE FORE-
GOING, FOR THE PERIOD JULY FIRST, TWO THOUSAND ELEVEN THROUGH JUNE THIR-
TIETH, TWO THOUSAND TWELVE, THE BASIC REIMBURSEMENT SHALL BE AN AMOUNT
SUCH THAT THE RECIPIENT RECEIVES UNIT (PER KILOWATT-HOUR) ELECTRICITY
SAVINGS EQUIVALENT TO THE AVERAGE UNIT ELECTRICITY SAVINGS RECEIVED
DURING THE TWELVE MONTHS ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND
TEN.
S 11. Subdivisions (f) and (l) of section 189 of the economic develop-
ment law, as amended by chapter 311 of the laws of 2010, are amended to
read as follows:
S. 2810--C 35 A. 4010--C
(f) Eligibility. The board shall recommend applications for allo-
cations of power under the power for jobs program to or for the use of
businesses which normally utilize a minimum peak electric demand in
excess of four hundred kilowatts; provided, however, that up to one
hundred megawatts of power available for allocation during the initial
three phases of the power for jobs program may be recommended for allo-
cations to not-for-profit corporations and to small businesses; and,
provided, further that up to seventy-five megawatts of power available
for allocation during the fourth phase of the program may be recommended
for allocations to not-for-profit corporations and to small businesses.
The board may require small businesses that normally utilize a minimum
peak electric demand of less than one hundred kilowatts to aggregate
their electric demand in amounts of no less than one hundred kilowatts,
for the purposes of applying to the board for an allocation of power.
The board shall recommend allocations of the additional three hundred
megawatts available during the fourth phase of the program to any such
eligible applicant, including any recipient of power allocated during
the first phase of the program. The board shall recommend allocations of
the additional one hundred eighty-three megawatts available during the
fifth phase of the program to any eligible applicant, including any
recipient of power allocated during the second and third phases of the
program; provided, however, that the term of contracts for allocations
under the fifth phase of the program shall in no case extend beyond [May
fifteenth, two thousand eleven] JUNE THIRTIETH, TWO THOUSAND TWELVE.
Notwithstanding any provision of law to the contrary, and, in partic-
ular, the provisions of this chapter concerning the terms of contracts
for allocations under the power for jobs program, the terms of any
contract with a recipient of power allocated under phase two of the
power for jobs program that has expired or will expire on or before the
thirty-first day of August, two thousand two, may be extended by the
power authority of the state of New York for an additional period of
three months effective on the date of such expiration, pending the
filing and approval of an application by such recipient for an allo-
cation under the fifth phase of the program. The term of any new
contract with such recipient under the fifth phase of the program shall
be deemed to include any three month contract extension made pursuant to
this subdivision and the termination date of any such new contract under
phase five shall be no later than if such new contract had commenced
upon the expiration of the recipient's original phase two contract. The
terms of any contract with a recipient of power allocated under phase
four and/or phase five of the power for jobs program that has expired or
will expire on or before the thirty-first day of December, two thousand
five, may be extended by the power authority of the state of New York
from a date beginning no earlier than the first day of December, two
thousand four and extending through [May fifteenth, two thousand eleven]
JUNE THIRTIETH, TWO THOUSAND TWELVE.
(l) The board shall solicit and review applications for the power for
jobs electricity savings reimbursements and contract extensions from
recipients of power for jobs allocations under phases four and five of
the program for the award of such reimbursements and/or contract exten-
sions. The board may prescribe a simplified form and content for an
application for such reimbursements or extensions. An applicant shall be
eligible for such reimbursements and/or extensions only if it is in
compliance with and agrees to continue to meet the job retention and
creation commitments set forth in its prior power for jobs contract, or
such other commitments as the board deems reasonable; provided, however,
S. 2810--C 36 A. 4010--C
that for the power for jobs electricity savings reimbursements and
contract extensions granted on or after [June thirtieth, two thousand
nine] MAY FIFTEENTH, TWO THOUSAND ELEVEN through [May fifteenth, two
thousand eleven] JUNE THIRTIETH, TWO THOUSAND TWELVE, the board shall
expedite the awarding of such reimbursements and/or extensions and shall
defer the review of compliance with such commitments until after the
applicant has been awarded a power for jobs electricity savings
reimbursement and/or contract extension. The board shall review such
applications and make recommendations for the award: 1. of such
reimbursements through the power authority of the state of New York for
a period of time up to November thirtieth, two thousand four, and 2. of
such contract extensions or reimbursements as applied for by the recipi-
ent for a period of time beginning December first, two thousand four and
ending [May fifteenth, two thousand eleven] JUNE THIRTIETH, TWO THOUSAND
TWELVE. At no time shall a recipient receive both a reimbursement and
extension after December first, two thousand four. The power authority
of the state of New York shall receive notification from the board
regarding the award of power for jobs electricity savings reimbursements
and/or contract extensions.
S 12. Subdivision 9 of section 186-a of the tax law, as amended by
chapter 217 of the laws of 2009, is amended to read as follows:
9. Notwithstanding any other provision of this chapter or any other
law to the contrary, for taxable periods nineteen hundred ninety-seven
through and including two thousand [ten] TWELVE, any utility which
delivers power under the power for jobs program, as established by
section one hundred eighty-nine of the economic development law, shall
be allowed a credit, subject to the limitations thereon contained in
this subdivision, against the tax imposed under this section equal to
net lost revenues from the delivery of power under such power for jobs
program. Net lost revenues means the "net receipts" less "net utility
revenue" from such delivery of power. For purposes of this subdivision,
"net receipts" shall mean the amount that the utility would have other-
wise received from customers receiving power pursuant to allocations by
the New York state economic development power allocation board in
accordance with section one hundred eighty-nine of the economic develop-
ment law, or from customers whose allocation has been transferred to an
energy service company, or from energy service companies to which such
allocation has been transferred, pursuant to its tariff supervised by
the public service commission for substantially comparable service
otherwise applicable to such customers or energy service companies in
the absence of such designation, less the utility's annual average
incremental short-term variable and capacity costs of providing such
power in the absence of such purchase. For the purposes of this subdivi-
sion, "net utility revenue" shall mean the revenues the utility actually
receives in accordance with such section one hundred eighty-nine from
such customers so designated by the New York state economic development
power allocation board or from customers whose allocation has been
transferred to an energy service company, or from the energy service
companies to which a power for jobs allocation has been transferred,
less the utility's cost of such power under such program. Provided,
however, that any credit under this section shall be used only with
respect to the same taxable year during which such credit arose and
shall not be capable of being carried forward or backward to any other
taxable period. Nor shall any credit be allowed to any utility for the
total amount of power, expressed in kilowatt hours, purchased by the
customers of such utility under such program during the taxable period
S. 2810--C 37 A. 4010--C
that exceeds the prorated "baseline energy use" by all customers of that
utility purchasing power under such program during the taxable period.
"Baseline energy use" with respect to each customer shall mean the larg-
est amount of kilowatt hours of energy used by such customer during any
twelve consecutive month period occurring during the preceding thirty
months immediately preceding the New York state economic development
power allocation board's recommendation of such customer's application,
prorated to reflect the length of time of the customer's participation
in such program during the taxable period. Provided further, however,
that in accordance with subdivision (k) of section one hundred eighty-
nine of the economic development law no tax credit shall be available
for any revenue losses when a utility has declined to purchase power
allocated for sale under such program. No electric corporation shall be
allowed the tax credit authorized by this subdivision until it shall
file a certificate from the department of public service for the period
covered by the return verifying that the calculation of such tax credit
complies with this subdivision and the department of public service has
approved such certificate and forwarded a copy of such approved certif-
icate to the commissioner or any amended certificate resulting from the
need for correction. The credit allowed by this subdivision shall not be
applicable in calculating any other tax imposed or authorized to be
imposed by this chapter or any other law, and the amount of the tax
surcharge imposed under section one hundred eighty-six-c of this article
shall be calculated and payable as if the credit provided for by this
subdivision were not allowed.
S 13. Subparagraph 2 of paragraph g of the ninth undesignated para-
graph of section 1005 of the public authorities law, as amended by chap-
ter 217 of the laws of 2009, is amended to read as follows:
2. The authority, as deemed feasible and advisable by the trustees, is
authorized to make payments to recipients of the power for jobs elec-
tricity savings reimbursements and additional annual voluntary contrib-
utions into the state treasury to the credit of the general fund. The
authority shall make such contributions to the state treasury no later
than ninety days after the end of the calendar year in which a credit
under subdivision nine of section one hundred eighty-six-a of the tax
law is available: (a) for the additional three hundred megawatts of
power under the fourth phase of the program provided under chapter
sixty-three of the laws of two thousand and under the fifth phase for
the additional one hundred eighty-three megawatts provided under chapter
two hundred twenty-six of the laws of two thousand two; and (b) for any
extension of any contract for allocations under the fourth phase of the
program and under the fifth phase of the program. Payments for any elec-
tricity savings reimbursement under section one hundred eighty-nine of
the economic development law shall be made pursuant to such section.
Such annual contributions shall be equal to fifty percent of the total
amount of such credits available each year to all local distributors of
electricity. In addition, such authorization for contribution in state
fiscal year two thousand two--two thousand three shall be equal to the
total amount of credit available in two thousand one and two thousand
two; and such authorization for contribution in state fiscal year two
thousand three--two thousand four shall be equal to the total amount of
credit available in two thousand three; under subdivision nine of
section one hundred eighty-six-a of the tax law under the fourth phase
of the program for the additional three hundred megawatts provided under
chapter sixty-three of the laws of two thousand and under the fifth
phase for the additional one hundred eighty-three megawatts provided
S. 2810--C 38 A. 4010--C
under chapter two hundred twenty-six of the laws of two thousand two. In
state fiscal year two thousand four--two thousand five, such authorized
annual contribution shall be equal to one hundred percent of the total
amount of such credits available each year to all local distributors of
electricity. Such authorization for contribution in state fiscal years
two thousand four and two thousand five shall be equal to the total
amount of credit available in two thousand four and two thousand five;
under subdivision nine of section one hundred eighty-six-a of the tax
law under the fourth phase of the program for the additional three
hundred megawatts provided under chapter sixty-three of the laws of two
thousand and under the fifth phase for the additional one hundred eight-
y-three megawatts provided under chapter two hundred twenty-six of the
laws of two thousand two. In addition, such authorization for contrib-
ution for any extension of any contract for allocations under the fourth
phase of the program and under the fifth phase of the program in each
state fiscal year shall be equal to the total amount of credit or
reimbursement available in state fiscal year two thousand four--two
thousand five, state fiscal year two thousand five--two thousand six and
two thousand six--two thousand seven. Additionally, notwithstanding any
other section of law, the authority is authorized to make a contribution
in an amount related to total amounts of credit received under phases
one, two, three, four and five of the program. In no case shall the
contribution for state fiscal year two thousand five--two thousand six
be less than seventy-five million dollars. The contribution for state
fiscal year two thousand six--two thousand seven shall be one hundred
million dollars. The contribution for state fiscal year two thousand
seven--two thousand eight shall be thirty million dollars. The contrib-
ution for state fiscal year two thousand eight--two thousand nine shall
be twenty-five million dollars. The contribution for state fiscal year
two thousand nine--two thousand ten shall be twelve million five hundred
thousand dollars. THE CONTRIBUTION FOR STATE FISCAL YEAR TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SHALL BE SEVEN AND ONE-HALF MILLION DOLLARS.
THE CONTRIBUTION FOR STATE FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SHALL BE SIX MILLION DOLLARS. The department of public service
shall estimate the payment due by the end of the calendar year in which
the credit is available. In no case shall the amount of the total annual
contributions for the years during which delivery and sale of power
associated with all power for jobs phases and any extensions thereof
takes place exceed the aggregate total of four hundred [sixty-one]
SEVENTY-FIVE million [five hundred thousand] dollars.
S 14. The opening paragraph of subdivision 5 of section 1005 of the
public authorities law, as amended by chapter 294 of the laws of 1968,
is amended to read as follows:
To develop, maintain, manage and operate those parts of the Niagara
and Saint Lawrence hydroelectric projects owned or controlled by it in
such manner as to give effect to the policy hereby declared (and all
plans and acts, and all contracts for the use, sale, transmission and
distribution of the power generated by such projects, shall be made in
the light of, consistent with and subject to this policy), namely, that
such projects shall be in all respects for the aid, improvement, and
benefit of commerce and navigation in, through, along and past the
Niagara river, the Saint Lawrence river and the international rapids
section thereof, and that in the development of hydro-electric power
therefrom such projects shall be considered primarily as for the benefit
of the people of the state as a whole [and particularly the domestic and
rural consumers to whom the power can economically be made available,
S. 2810--C 39 A. 4010--C
and accordingly that sale to and use by industry shall be a secondary
purpose, to be utilized principally to secure a sufficiently high load
factor and revenue returns to permit domestic and rural use at the
lowest possible rates and in such manner as to encourage increased
domestic and rural use of electricity]. In furtherance of this policy
and to secure a wider distribution of such power and use of the greatest
value to the general public of the state, the authority shall in addi-
tion to other methods which it may find advantageous make provision so
that municipalities and other political sub-divisions of the state now
or hereafter authorized by law to engage in the distribution of electric
power may secure a reasonable share of the power generated by such
projects, and shall sell the same or cause the same to be sold to such
municipalities and political subdivisions at prices representing cost of
generation, plus capital and operating charges, plus a fair cost of
transmission, all as determined by the trustees, and subject to condi-
tions which shall assure the resale of such power [to domestic and rural
consumers] at the lowest possible price, provided, however, that in
disposing of hydro-electric power pursuant to and in furtherance of the
aforementioned policy and purposes, appropriate provision may also be
made to allocate a reasonable share of project power to agencies created
or designated by other states and authorized to resell the power to
users under the same terms and conditions as power is disposed of in New
York state. To that end, the authority may provide in any contract or
contracts which it may make for the sale, transmission and distribution
of the power that the purchaser, transmitter or distributor shall
construct, maintain and operate, on such terms as the authority may deem
proper, such connecting lines as may be necessary for transmission of
the power from main transmission lines to such municipalities or poli-
tical subdivisions.
S 15. Subdivision 16 of section 1005 of the public authorities law, as
added by chapter 217 of the laws of 2009, is REPEALED.
S 16. Subdivision 16 of section 1005 of the public authorities law, as
added by chapter 477 of the laws of 2009, is renumbered subdivision 17,
and paragraph (a) of such subdivision is amended to read as follows:
(a) As deemed feasible and advisable by the trustees, to finance and
design, develop, construct, implement, provide and administer energy-re-
lated projects, programs and services for any public entity and any
recipient of the economic development power, expansion power, replace-
ment power, preservation power, high load factor power, municipal
distribution agency power, [and the] power for jobs, AND RECHARGE NEW
YORK POWER programs administered by the authority. In establishing and
providing high performance and sustainable building programs and
services authorized by this subdivision, the authority is authorized to
consult standards, guidelines, rating systems, and/or criteria estab-
lished or adopted by other organizations, including but not limited to
the United States green building council under its leadership in energy
and environmental design (LEED) programs, the green building initi-
ative's green globes rating system, and the American National Standards
Institute. The source of any financing and/or loans provided by the
authority for the purposes of this subdivision may be the proceeds of
notes issued pursuant to section one thousand nine-a of this title, the
proceeds of bonds issued pursuant to section one thousand ten of this
title, or any other available authority funds.
S 17. Section 2 of chapter 477 of the laws of 2009, amending the
public authorities law relating to energy efficiency and clean energy
S. 2810--C 40 A. 4010--C
initiatives of the power authority of the state of New York, is amended
to read as follows:
S 2. This act shall take effect immediately [and shall expire three
years after it shall have become a law; provided that such expiration
shall not affect the validity of any energy services contract authorized
by this act and entered into prior to its expiration].
S 18. The opening paragraph of subdivision 6 of section 1005 of the
public authorities law, as amended by chapter 294 of the laws of 1968,
is amended to read as follows:
To develop, maintain, manage and operate its projects other than the
Niagara and Saint Lawrence hydroelectric projects so as (i) to provide
an adequate supply of energy for optimum utilization of its hydroelec-
tric projects, (ii) to attract and expand high load factor industry,
(iii) to provide for the additional needs of its municipal electric and
rural electric cooperative customers, (IV) TO PROVIDE A SUPPLY OF POWER
AND ENERGY FOR USE IN THE RECHARGE NEW YORK POWER PROGRAM AS RECHARGE
NEW YORK MARKET POWER, and [(iv)] (V) to assist in maintaining an
adequate, dependable electric power supply for the state.
S 19. Severability clause. If any clause, sentence, paragraph, subdi-
vision, 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 therewith.
S 20. This act shall take effect immediately; provided that:
a. the amendments to section 183 of the economic development law made
by section nine of this act shall not affect the expiration of such
section and shall be deemed to expire therewith;
b. the amendments to section 189 of the economic development law made
by sections ten and eleven of this act shall not affect the repeal of
such section and shall be deemed repealed therewith;
c. the amendments to subdivision 9 of section 186-a of the tax law
made by section twelve of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith; and
d. the amendments to subparagraph 2 of paragraph g of the 9th undesig-
nated paragraph of section 1005 of the public authorities law made by
section thirteen of this act shall not affect the expiration of such
subparagraph and shall be deemed to expire therewith.
PART DD
Section 1. The New York state urban development corporation shall
submit for approval to the director of the budget a comprehensive finan-
cial plan for the corporation and its subsidiaries for expenditures,
regardless of source, including but not limited to those from the debt
service account, the excess debt service account, the housing repair and
modernization fund account, the interest income account, and the econom-
ic development income account, in such detail as the director of the
budget may require. The director of the budget shall file copies of such
financial plan with the senate finance committee, the assembly ways and
means committee and the department of audit and control in both paper
and electronic format.
S. 2810--C 41 A. 4010--C
S 2. 1. Notwithstanding any provision of law to the contrary, the New
York state urban development corporation shall establish accounts and
subaccounts within the treasury of such corporation which shall reflect
and consist of all funds made available to such corporation, at any
time, from any sources for its corporate purposes. Such account shall
consist of, but not be limited to, the following:
(i) general and administrative accounts, which shall consist of all
funds made available for the operational expenses of such corporation;
(ii) general and administrative accounts of certain subsidiary corpo-
rations, which shall consist of all funds made available for the opera-
tional expenses of the mortgage loan enforcement and administration
corporation and the 42nd street development project, incorporated,
provided, however, that such subsidiary shall be established as a sepa-
rate account;
(iii) debt service account, which shall consist of all funds made
available for debt service payments on the outstanding general obli-
gations of the corporation where the original issue of such bonds or
notes was prior to April 1, 1976, and including any refinancing or
renewal of such bonds and notes, provided such account shall not, in any
manner, reduce any debt service reserve fund below a level agreed to
pursuant to a statute, covenant or other contract between the corpo-
ration and such bondholders or noteholders;
(iv) excess debt service account, which shall consist of all funds
made available from the net savings achieved as a result of the refund-
ing of the corporation's general purpose bonds authorized pursuant to
resolution number 96-ud-526 of the public authorities control board. Net
savings shall be determined by the difference between annual debt
service payments which would have been required pursuant to the refunded
bonds and the annual debt service payments for the corporation's corpo-
rate purpose bonds issued to accomplish such refunding;
(v) housing repair and modernization fund account, which shall consist
of funds made available from the excess debt service account to assist
in maintaining the residential and commercial portfolios of the corpo-
ration as determined by the chairman of the corporation or his designee;
(vi) buildout account, which shall consist of all funds made available
for the payment of expenses associated with final settlements on remain-
ing issues of construction costs and mortgage amounts on residential and
nonresidential projects financed by the corporation;
(vii) project repair account, which shall consist of all funds made
available for the maintenance, servicing or repairing of real property
in the residential, industrial and commercial portfolios of such corpo-
rations;
(viii) economic development income account, which shall consist of all
payments, including payments to compensate for any funds, time or other
costs provided by the corporation in relation to nonresidential projects
and all other reimbursable corporate service income from economic devel-
opment projects and payments which are provided to such corporation for
purposes of repayment of funds in respect to any contract or other
agreements entered into by the corporation which are attributable to any
economic development project of the corporation, provided, however, that
such account shall not include funds representing repayments which are
to be returned to the development of such project pursuant to any
contract or other agreement entered into by the corporation;
(ix) economic development program and project accounts, which shall
consist of all funds made available for specific economic development
programs and projects excluding any program or project authorized by a
S. 2810--C 42 A. 4010--C
resolution or other action of the corporation prior to April 1, 1976,
and excluding any residential project, provided, however, that each
specified program and project shall be established as a separate account
unless otherwise authorized pursuant to an appropriation;
(x) new communities and community support account, which shall consist
of all funds made available for, and all income received from the Audu-
bon and Radisson communities;
(xi) Roosevelt Island operating corporation account, which shall
consist of all funds made available for, and all income received from
the Roosevelt Island community;
(xii) interest income account, which shall consist of all moneys
earned by the corporation from investment of any funds available in the
accounts and subaccounts within the treasury of the corporation; and
(xiii) mortgage servicing fee account, which shall consist of all
funds made available to the mortgage loan enforcement and administration
corporation for the payment of fees to the housing special revenue
account of the miscellaneous special revenue fund associated with the
provision of mortgage servicing activities by the division of housing
and community renewal.
2. The amounts deposited in any such account may be interchanged with
any other account for purposes of investment and may be commingled,
provided, however, that such interchange may not increase or decrease
any account, other than the debt service account, and the interest
income account, by more than five percent in the aggregate in the entire
period of any fiscal year of the corporation. Provided further, that in
addition to any other specific exception provided for in this section,
the following exemptions to the above interchange provision shall apply
for the purposes of the debt service account, the interest income
account, the project repair account, the mortgage servicing fee account,
the general and administrative account of the mortgage loan enforcement
and administration corporation, excess debt service account, housing
repair and modernization fund account, Roosevelt Island operating corpo-
ration account and the economic development income account:
(i) Interchange from the debt service account to any other account
shall be unlimited, but all such transfers from the debt service account
shall be repaid quarterly to such account on or before June 30, 2011,
September 30, 2011, December 31, 2011 and March 31, 2012, except for:
(A) $30,762,000 which shall be transferred to the general and adminis-
trative account from the debt service account during the state fiscal
year commencing April 1, 2011, and such amount of $30,762,000 shall not
be repaid to the debt service account; (B) $2,000,000 which shall be
transferred to the general and administrative account of the 42nd street
development project, incorporated and which shall be repaid pursuant to
a repayment agreement as set out in paragraph (vi) of this subdivision.
(ii) Interchange from the excess debt service account shall be unlim-
ited, but all such transfers from the excess debt service account shall
be repaid quarterly to such account on or before June 30, 2011, Septem-
ber 30, 2011, December 31, 2011, and March 31, 2012, except for: (A) an
amount sufficient to fund the housing repair and modernization fund
account to assist in maintaining the residential and commercial portfo-
lios of the corporation as determined by the chairman of the corporation
or his designee; (B) an amount necessary to invest in the job develop-
ment authority, as certified by the chairman of the authority or his
designee, to provide funds in order to pay lawful debts of the authority
provided that the corporation shall not make any payment or investment
for the benefit of the authority unless and until it has independently
S. 2810--C 43 A. 4010--C
verified that the authority does not have sufficient funds available to
pay its lawfully incurred debts and obligations, and with any net
savings which remain and are available; (C) all remaining balances of
funds contained in the excess debt service account shall be remitted to
the credit of the state of New York general fund not later than March
31, 2011.
(iii) Interchange from the interest income account, other than to the
general and administrative account of the mortgage loan enforcement and
administration corporation, may be unlimited.
(iv) Interchange to the project repair account from any account may be
unlimited, and the corporation shall transfer up to $10,000,000 to such
account from any account during the fiscal year commencing April 1,
2011, and such amount up to $10,000,000 shall not be repaid.
(v) Interchange between the general and administrative account of the
mortgage loan enforcement and administration corporation and any other
account shall comply with the provisions specified herein, except that
up to $1,700,000 shall be transferred to such subsidiary corporation
during the fiscal year commencing April 1, 2011 and any such amount
shall not be repaid.
(vi) An advance up to $2,000,000 may be made from the debt service
account to the general and administrative account of the 42nd street
development project, incorporated, provided, however, that before such
advance is made the New York state urban development corporation shall
enter into an agreement with the director of the budget providing for
repayment of such advance. Subject to the approval of the director of
the budget, and notification of the chairs of the assembly ways and
means and the senate finance committees in both paper and electronic
format, the corporation is hereby authorized to expend revenues of the
project for services and expenses of the corporation. The total amount
expended by the 42nd street development project, incorporated shall not
exceed $2,000,000 and any unexpended project revenues shall be used to
reduce the total advance provided to the project from the debt service
account.
(vii) Interchange from the debt service account to the mortgage
servicing fee account of the mortgage loan enforcement and adminis-
tration corporation shall comply with the provisions specified herein,
except that up to $2,838,000 shall be transferred to such mortgage
servicing fee account during the fiscal year commencing April 1, 2011
and such amount shall not be repaid. Prior to the allocation of any
moneys from the debt service account to the 42nd street development
project, incorporated, and the mortgage loan enforcement and adminis-
tration corporation for the fiscal year commencing April 1, 2011, each
corporation shall submit for approval to the director of the budget, a
comprehensive financial plan for each corporation for such fiscal year,
in such detail as the director of the budget shall require in both paper
and electronic format. The financial plan shall be submitted to the
budget director on or before May 15, 2011. A report for each plan and
any plan update, if necessary, shall be submitted to the director of the
budget on or before August 15, 2011, November 15, 2011 and February 15,
2012. Each such report shall provide the actual revenue and expenditures
for the preceding quarters ending June 30, 2011, September 30, 2011 and
December 31, 2011, in such detail as the director of the budget shall
require. Further, any plan update shall revise, where necessary, the
revenue and expenditure plan for each corporation for the remainder of
the fiscal year beginning April 1, 2011. No transfer to the general
administrative account of the corporation shall occur prior to the
S. 2810--C 44 A. 4010--C
approval of the financial plan and unless in compliance with the
approved financial plan.
The director of the budget shall file copies of such financial plans,
quarterly reports and any plan updates with the department of audit and
control and the senate finance committee and the assembly ways and means
committee in both paper and electronic format. Interchange made to the
debt service account shall not be repaid if such payment would reduce
any debt service or debt service reserve requirements below any amount
required pursuant to a covenant, contract or other agreements with the
bondholders and noteholders. No payments or deposits shall be made from
any debt service reserve fund established pursuant to the provisions of
section 20 of the New York state urban development corporation act to
any account of the corporation other than the debt service account; and
such payment or deposit shall only occur if deemed necessary to meet the
payments specified in the debt service account described herein.
Provided further, (a) that such investment shall be made pursuant to
the provisions of subdivision 22 of section 5 of the New York state
urban development corporation act; (b) that such investment shall be
made in a fashion which shall enable the corporation to timely meet its
obligations; (c) that such investment shall be specified in each account
in respect to the amount contributed, and that upon termination of such
investment each account shall be reimbursed. Such account and subaccount
shall be included in detailed quarterly reports of the corporation
commencing with the quarterly report for the period immediately preced-
ing April 1, 2011 which set forth the status of all such accounts,
including for each account and subaccount the amount in such accounts at
the beginning of such quarter (from and including the entire period of
the first day of the operative calendar year), the payments of such
accounts, the payments from such accounts and the amount in such
accounts at the close of such quarter (to and including the entire peri-
od of the last day of the operative calendar year). Such detailed quar-
terly report shall be prepared and submitted within 30 days of the close
of each fiscal quarter of the corporation to the director of the budget,
and the chair of the senate finance committee and the chair of the
assembly ways and means committee in both paper and electronic format.
Such accounts and subaccounts shall be detailed in the annual report of
the corporation.
No disbursements or payments shall be made from the economic develop-
ment income account or the interest income account except upon a request
for the transfer of such funds to the director of the budget who shall
file such request and approval thereof with the department of audit and
control and copies thereof with the senate finance committee and the
assembly ways and means committee in both paper and electronic format,
except that such prior approval shall not be required in respect to
repayments to the state. Any amounts in any debt service reserve funds,
any inconsistent provisions of law notwithstanding, established by the
corporation pursuant to the provisions of section 20 of the New York
state urban development corporation act, which would not reduce the
amount of such fund or funds to less than (1) the maximum amount of
principal and interest maturing and becoming due in 2011 or (2) any
amount required pursuant to a covenant, contract or other agreement with
bondholders and noteholders shall be paid by the corporation to the
state comptroller for deposit to the credit of the general fund of the
state on or before March 1, 2012. In the event that the corporation
shall fail to make such payment, the comptroller shall withhold from any
appropriations otherwise available to the corporation, the amount suffi-
S. 2810--C 45 A. 4010--C
cient to pay to the general fund the amounts required to be paid by the
corporation pursuant to the foregoing provisions. The state comptroller
shall create accounts for each item of appropriation.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011; and
provided further that sections one and two of this act shall expire and
be deemed repealed March 31, 2012.
PART EE
Section 1. Subdivision 1 of section 12 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 undesignated paragraph to
read as follows:
THE EMPIRE STATE NEW MARKET CORPORATION, A COMMUNITY DEVELOPMENT ENTI-
TY CERTIFIED BY THE UNITED STATES DEPARTMENT OF THE TREASURY COMMUNITY
DEVELOPMENT FINANCIAL INSTITUTIONS FUND AND A CORPORATE SUBSIDIARY OF
THE CORPORATION, BY RESOLUTION, MAY DIRECT ANY OF ITS DIRECTORS, OFFI-
CERS, OR EMPLOYEES TO FORM LIMITED LIABILITY COMPANIES PURSUANT TO
SECTION 203 OF THE LIMITED LIABILITY COMPANY LAW FOR THE SOLE PURPOSE OF
CERTIFYING AND PERFORMING AS COMMUNITY DEVELOPMENT ENTITIES THAT WOULD
BE ELIGIBLE TO RECEIVE AN ALLOCATION OF TAX CREDITS UNDER THE NEW
MARKETS TAX CREDIT PROGRAM. NO LIMITED LIABILITY COMPANY FORMED PURSU-
ANT TO THIS SECTION SHALL MERGE OR CONSOLIDATE. EACH LIMITED LIABILITY
COMPANY SHALL ACT SOLELY IN RELATION TO PROJECTS SELECTED BY THE CORPO-
RATION, OR A CORPORATE SUBSIDIARY OF THE CORPORATION. EACH LIMITED
LIABILITY COMPANY SHALL BE EMPOWERED TO RECEIVE AN ALLOCATION OF TAX
CREDITS FROM A FEDERAL ALLOCATION TO THE CORPORATION, OR A CORPORATE
SUBSIDIARY OF THE CORPORATION, UNDER THE NEW MARKETS TAX CREDIT PROGRAM
AND TO DO ANY OTHER ACT OR THINGS INCIDENTAL TO OR CONNECTED WITH THE
FOREGOING PURPOSES OR IN ADVANCEMENT THEREOF. THE CORPORATION, OR A
CORPORATE SUBSIDIARY OF THE CORPORATION, SHALL BE THE MANAGING MEMBER OF
EACH LIMITED LIABILITY COMPANY CREATED BY THE CORPORATION. IN DETERMIN-
ING WHICH PROJECTS TO ALLOCATE TAX CREDITS TO UNDER THE NEW MARKETS TAX
CREDIT PROGRAM, THE CORPORATION SHALL PRIORITIZE PROJECTS DEMONSTRATING
ONE OR MORE OF THE FOLLOWING GOALS OR BENEFITS: (A) CREATING OR RETAIN-
ING JOBS IN LOW INCOME COMMUNITIES; (B) INCREASING THE PROVISION OF
GOODS AND SERVICES FOR LOW INCOME COMMUNITY RESIDENTS WHICH WOULD OTHER-
WISE NOT BE AVAILABLE AT THE SAME PRICE OR QUALITY; (C) SUPPORTING
MINORITY AND WOMEN-OWNED OR CONTROLLED BUSINESSES; (D) EXPANDING HOUSING
OPPORTUNITIES FOR LOW INCOME COMMUNITY PERSONS; (E) SUPPORTING ENVIRON-
MENTALLY SUSTAINABLE OUTCOMES; AND (F) SUPPORTING EFFORTS THAT OTHERWISE
BENEFIT LOW INCOME COMMUNITY RESIDENTS BY LEVERAGING FURTHER INVESTMENT
IN THEIR COMMUNITIES. PROVIDED FURTHER, SUCH PROJECTS SHALL BE LIMITED
TO PROJECTS THAT WOULD BE AUTHORIZED UNDER THIS ACT AND SHALL BE SUBJECT
TO APPROVAL BY THE BOARD OF THE URBAN DEVELOPMENT CORPORATION. THE
CORPORATION SHALL PUBLISH INFORMATION REGARDING THE PROCESS USED TO
SELECT PROJECTS TO RECEIVE THE NEW MARKETS TAX CREDITS AND PROVIDE A
COPY TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEM-
BLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE
ASSEMBLY. THE CORPORATION SHALL STRIVE FOR REGIONAL DIVERSITY IN THE
ALLOCATION OF TAX CREDITS UNDER THE NEW MARKETS TAX CREDIT PROGRAM. THE
CORPORATION SHALL INCLUDE IN THE INFORMATION REQUIRED TO BE SUBMITTED
ANNUALLY IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION 1 OF SECTION
2800 OF THE PUBLIC AUTHORITIES LAW INFORMATION REGARDING ASSISTANCE
PROVIDED BY IT OR ITS SUBSIDIARY UNDER THE NEW MARKETS TAX CREDIT
S. 2810--C 46 A. 4010--C
PROGRAM, AND SHALL PROVIDE FINANCIAL INFORMATION WITH RESPECT TO ANY
SUBSIDIARY ADMINISTERING THE PROGRAM IN THE CORPORATION'S FINANCIAL
REPORTS, INCLUDING ITS CERTIFIED AUDITED FINANCIAL STATEMENTS.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed 5 years after such effective date.
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 EE of this act shall be
as specifically set forth in the last section of such Parts.
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