S6258C-2011 Actions

• Mar 30, 2012: SIGNED CHAP.58
• Mar 30, 2012: DELIVERED TO GOVERNOR
• Mar 28, 2012: returned to senate
• Mar 28, 2012: passed assembly
• Mar 28, 2012: motion to amend lost
• Mar 28, 2012: ordered to third reading rules cal.24
• Mar 28, 2012: substituted for a9058d
• Mar 28, 2012: referred to ways and means
• Mar 28, 2012: DELIVERED TO ASSEMBLY
• Mar 28, 2012: PASSED SENATE
• Mar 28, 2012: ORDERED TO THIRD READING CAL.472
• Mar 25, 2012: PRINT NUMBER 6258D
• Mar 25, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• Mar 11, 2012: PRINT NUMBER 6258C
• Mar 11, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• Feb 17, 2012: PRINT NUMBER 6258B
• Feb 17, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• Feb 10, 2012: PRINT NUMBER 6258A
• Feb 10, 2012: AMEND AND RECOMMIT TO FINANCE
• Jan 17, 2012: REFERRED TO FINANCE

S6258C-2011 Votes

S6258C-2011 Memo

BILL NUMBER:S6258

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 2012-2013; 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 to amend chapter 60 of the
laws of 2011, authorizing funding
for the Consolidated Local Street and Highway Improvement
Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012
and amending
chapter 329 of the laws of 1991, amending the state finance
law and other
laws relating to the establishment of the dedicated highway and
bridge trust fund, in relation to the effectiveness thereof
(Part A);
to amend the highway law and the state finance law, in relation to
modifying the distribution of certain funds
(Part B);
to amend the transportation law, in relation to enacting a performance
based bus inspection program
(Part C);
to amend the
vehicle and traffic law,
in relation to commercial driver's
licenses and medical certifications; and to repeal paragraph (f)
of subdivision 3 of section 510-a of the vehicle and traffic law,
relating to commercial driver's licenses
(Part D);
to amend the public authorities law, in relation to notes, bonds and
other obligations of the metropolitan transportation authority,
Triborough bridge and tunnel authority and New York city
transit authority
(Part E);
to amend vehicle and traffic law
in relation
to establishing
an additional
retention rate for county clerks
acting as an agent of the
department of motor vehicles based
upon internet transactions
(Part F);
to amend the transportation law, the vehicle and traffic law, the
general municipal law, the environmental conservation law and the
executive law, in relation to federal revenue; and repealing section 214
of the transportation law relating thereto
(Part G);
to amend the environmental conservation law, in relation to the

regulation of various fish and wildlife licenses, permits and fees; and
repealing certain provisions of such law relating thereto
(Part H);
to amend the public service law, in relation to eliminating state
regulation of VoIP service in order to facilitate competition and ensure
consumers receive the maximum benefit of competition
(Part I);
to amend the environmental
conservation law, in relation to
hazardous waste program fees and
surcharges
(Part J);
to amend the state finance law and the public authorities law, in
relation to the sewage treatment and drinking water funds and the
water pollution control and drinking water revolving funds
(Part K);
to amend the agriculture and markets law, in relation to seed testing
(Part L);
to amend the agriculture and markets law, in relation to fees for
services
(Part M);
to amend the agriculture and markets law, in relation to food processing
license fees; and to repeal subdivision 4 of
section 128-a and subdivision
3 of section 133-a of the agriculture and markets law and section 90-b
of the state finance law relating to the commercial feed licensing fund
(Part N);
to authorize and direct the New York state energy research and
development authority to make a payment to the general fund of up to
$913,000
(Part O);
to authorize the New York state energy research and development
authority to finance a portion of its research, development and
demonstration and policy and planning programs from assessments on gas
and electric corporations
(Part P);
to amend chapter 35 of the laws of
1979,
relating
to appropriating funds to the New York state urban development
corporation for the acquisition and initial planning of convention and
exhibition center
facilities in New York county, in relation
to
additional powers of such
corporation
(Part Q);
to amend chapter 393 of the laws of 1994, amending the New York state
urban development corporation act, relating to the powers of the New
York state urban
development corporation to make loans, in relation to the
effectiveness thereof

(Part R);
to repeal subdivision 3 of section 16-m of the New York state urban
development corporation act, in relation to extending certain provisions
relating to the empire state economic development fund
(Part S);
to amend the New York state urban development corporation act, relating
to the powers of the New York state urban development corporation to
make grants
(Part T);
to amend the state finance law, in relation to the excelsior linked
deposit act
(Part U);
to authorize the department of health to finance certain activities with
revenues generated from an assessment on cable television companies
(Part V);
to amend the general business law and the real property law, in relation
to increasing the term of licensure and registration from two to four
years
(Part W);
to amend the racing, pari-mutuel
wagering and breeding law, in
relation to presenting
uncashed pari-mutuel
vouchers within a prescribed period of time
(Part X);
to amend the racing, pari-mutuel
wagering and breeding law and the
public officers law, in relation
to employment of officials at harness race
meetings
(Part Y);
to amend the
agriculture and markets law, in relation to authorizing the creation of
a dairy research and education order
(Part Z); and
to amend public authorities law, in relation to the recovery of state
governmental costs from public authorities and public benefit
corporations
(Part AA)

PURPOSE:

This bill contains provisions needed to implement the Transportation,
Economic Development and Environmental Conservation portions of the
2012-13 Executive Budget.

This memorandum describes Parts A through AA the bill which are
described wholly within the parts listed below.

Part A - Provide the annual authorization for the CHIPS and
Marchiselli programs.

Purpose:

This bill would authorize funding for the Consolidated Local Street
and Highway Improvement Program (CHIPS) and Marchiselli program for
State Fiscal Year 2012-13, and would extend, for one year, the
eligibility of certain highway work types for CHIPS reimbursement.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The CHIPS program is a local highway and bridge program that provides
State funds to local governments for the purpose of reimbursing local
government spending on construction, reconstruction, or improvement
of highways, bridges, highway-railroad crossings, and other local
facilities that are not part of the State highway system. The
Marchiselli program (also known as the Municipal Streets and Highways
Program) is a local highway program that provides municipalities with
State matching funds for local Federal Highway Aid projects. This
bill would authorize the CHIPS and Marchiselli Capital Aid Programs
to counties, cities, towns and villages for State Fiscal Year 2012-13
at approximately $363.1 million and $39.7 million, respectively.

In addition, the bill would extend the eligibility of certain highway
work types for CHIPS reimbursement through March 31, 2013. These work
types, which provide a cost effective way for local governments to
preserve highway infrastructure, were made eligible for CHIPS until
March 31, 2012 in the 2011-12 Enacted Budget.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, because annual authorization is required for these programs.

Effective Date:

This bill takes effect immediately.

Part B - Consolidate the Department of Transportation's Accident
Damage Account with the Dedicated Highway and Bridge Trust Fund.

Purpose:

This bill would consolidate the revenues and disbursements of the
Accident Damage Account with the Dedicated Highway and Bridge Trust
Fund.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This proposal would consolidate highway and bridge maintenance
activities funded by the non-statutory Accident Damage Account with
maintenance activities funded within the Dedicated Highway and Bridge

Trust Fund (Trust Fund). The remaining fund balance in the Accident
Damage account would be shifted to the Trust Fund. Revenues from
accident damage recoveries would also be deposited into the Trust
Fund, thereby improving the Fund's debt service coverage ratio, which
allows for the issuance of
additional Trust Fund bonds to finance transportation projects. The
Accident Damage account would be administratively eliminated by the
Department of Transportation.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget. The dedication of additional revenue would improve the annual
debt service coverage ratio of the Trust Fund and reduce General Fund
support for the Trust Fund by $5.9 million in 2012-13. This proposal
would also consolidate State highway repair and maintenance expenses
into a single fund by eliminating an administrative special revenue
fund.

Effective Date:

This bill takes effect April 1 , 2012.

Part C - Implement a performance-based bus inspection program.

Purpose:

This bill would implement a performance-based bus inspection program
to enhance safety and compliance and more efficiently utilize
Department of Transportation (DOT) staffing resources.

Statement in Support, Summary of Provisions. Existing Law,
and Prior Legislative History:

This proposal would modify the current semi-annual inspection process
to allow the Commissioner of Transportation to implement a
performance-based inspection program that would increase inspection
and compliance efforts for vehicle operators with the lowest
compliance rates while performing less frequent inspections for those
operators with the highest compliance rates. The net effect of the
proposal would be both increased public safety and less overtime
worked by State bus inspection staff.
Program details including compliance tiers would be developed and
promulgated through Department rules and regulations. Existing
Transportation Law requires the Department to inspect each passenger
bus every 6 months.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget and will lower expenses by approximately $665,000 in 2012-13
and at least $782,000 on an annualized basis.

Effective Date:

This bill takes effect April 1, 2012.

Part D - Conform the Vehicle and Traffic Law to federal requirements
governing operators of commercial motor vehicles and medical
certification requirements pertaining to such operators.

Purpose:

This bill would amend Vehicle and Traffic Law to bring New York State
into compliance with the Federal Motor Carrier Safety Improvement Act
of 1999 with respect to medical certifications for commercial
driver's license (CDL) holders.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The Federal Motor Carrier Safety Administration has notified the
Department of Motor Vehicles (DMV) that notwithstanding the enactment
of Chapter 58 of the Laws of 2011 , New York was still not in full
compliance with the Federal Motor Carrier Safety Improvement Act of
1999, because that chapter required the suspension rather than
downgrade of CDLs under certain circumstances. This proposal would
address existing deficiencies and thereby enable New York to retain
federal funding.

Effective January 30, 2012, new CDL applicants are required to
self-certify to DMV regarding the type of driving they will perform
and, if appropriate, that they are not subject to the federal
physical qualification rules. They also must submit a valid medical
certificate and, if applicable, a valid medical variance to DMV. In
addition, existing CDL holders are required to self-certify to DMV
regarding the type of driving they perform and, if appropriate, that
they are not subject to the federal physical qualification rules.
CDL-holders who are subject to the physical qualification requirements
will have to submit a valid medical certificate and, if applicable, a
valid medical variance to DMV.
Under the federal rules, DMV must "downgrade" not suspend a CDL if a
driver fails to provide the required self-certification and/or
medical certificate/variance to DMV. This legislation would give DMV
the authority to implement these federal mandates.

Budget Implications:

Failure to enact this legislation could result in the loss of $33
million in federal highway funds.

Effective Date:

Sections 1 through 4 of this bill take effect immediately; section 5
takes effect sixty days following enactment.

Part E - Raise the statutory limit on the amount of bonds, notes and
other obligations the MTA, the New York City Transit Authority
(NYCTA), and the Triborough Bridge and Tunnel Authority (TBTA) may
issue.

Purpose:

This bill would help fund the remaining three years of the 2010-2014
capital program plan of the Metropolitan Transportation Authority (MT
A), by raising the statutory limit $7 billion, from $34.877 billion
to $41.877 billion, for the amount of bonds, notes and other
obligations the MT A, the New York City Transit Authority (NYCTA),
and the Triborough Bridge and Tunnel Authority (TBTA) may issue.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The Capital Program Review Board (CPRB) approved MTA capital plan for
the period 2010 to 2014 includes approved full funding sources only
for the first two years of the capital program. MTA's January 2012
funding proposal to the CPRB for the three remaining years of the
2010-2014 MTA capital plan includes, among other funding sources,
the proposed issuance of additional bonds. notes or other
obligations. This bill would provide statutory bonding capacity
sufficient to allow (though not require) issuance of the full amount
of bonds, notes and other obligations of MTA. NYCTA, and TBTA
contemplated in MTA's proposed funding package for years 2012 - 2014
of the MTA capital program.

The State has historically raised the MTA's bond cap authorization to
coincide with the approval of the MTA's five-year capital programs.
The cap was last raised in 2010 from $28.9 billion to $34 billion to
ensure funding for the first two years of the MTA's 2010-14 capital
program. In 2006, the cap was raised from $16.5 billion to $28.9
billion to provide sufficient funding for the MTA's 2005-2009 capital
program. In 2000, the cap was raised from $6 billion to $16.5 billion
to provide sufficient funding for the MTA's 2000-2004 capital program.

Budget Implications:

Enactment of this bill is necessary to fund the remaining three years
of the MTA's 2010-14 capital program. While the issuance of
additional debt pursuant to this bill's raised limit would increase
the amount of debt service payable by MTA in the future, the MTA
anticipates that it would use funds currently budgeted as
pay-as-you-go funding to make debt service payments on the additional
debt. MTA expects to repay approximately $7.0 billion in existing
and planned principal over the 2012-2019 period through normal
amortization thereby maintaining a growing. but manageable debt level.

Effective Date:

This bill takes effect immediately.

Part F - Establish an additional retention rate for county clerks
acting as an agent of the Department of Motor Vehicles based upon
internet transactions.

Purpose:

This bill would provide that county clerks would retain a percentage
of motor vehicle fees collected as the result of internet
transactions.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Section 205 of the Vehicle and Traffic Law (VTL) provides that 51
county clerks act as agents of the Commissioner of Motor Vehicles.
These clerks register and title motor vehicles, issue drivers
licenses and perform other critical functions that are also performed
in the state-run motor vehicle offices. Currently, VTL �205(3)
provides that the clerks shall retain 12.7 percent of the gross
receipts collected in their offices.

In recent years, DMV's customers have dramatically increased the use
of the Internet.
For example, almost 30% of registration renewals are done via the
Internet. This serves two purposes: it reduces the number of
individuals who must wait on line in state and county offices and it
enhances customer service.

One result of the increased use of internet services is that county
clerks collect less revenue from motor vehicle transactions. This
proposal would assist the clerks by allowing clerks to retain a
percentage of internet revenue generated by transactions performed by
residents of a given county. Specifically, a clerk would retain 4
percent of fees above the baseline number collected via internet
transactions for calendar year 2011 in that county.

This bill would ameliorate the reduction in motor revenue incurred by
the clerks due to the rise in internet transactions. As technologies
develop, it is anticipated that the number and type of transactions
available through DMV's website will continue to expand. Providing
DMV's county clerk agents with a modest share of revenue derived from
internet transactions removes an artificial barrier to the clerks'
ability to support new technology based initiatives, and allows them
to share in the resulting savings and efficiencies.

Section 1 of this bill would provide that each county clerk shall
retain 4 percent of "enhanced internet and electronic partner
revenue" collected by the commissioner. The share of enhanced
internet and electronic partner revenue retained by each county clerk
would increase or decrease depending upon the amount of revenue

actually delivered to such county clerk during calendar years 2012
and 2013, but in no event would a county clerk's share of the
enhanced internet and electronic partner revenue be lower than 2.5
percent or higher than 6 percent. For purposes of this bill,
"enhanced internet and electronic partner revenue" means the amount
of gross receipts attributable to all transactions conducted on the
Internet by residents of such county and by
designated partners of the department on behalf of such residents for
the current calendar year that exceeds the amount of such revenue
collected by the Commissioner during calendar year 2011.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it will increase revenue to county clerks by $500k in
calendar years 2012 and 2013 and encourage county clerks to support
new State technology based initiatives.

Effective Date:

This bill takes effect April 1, 2012.

Part G - Ensures State compliance with Federal motor carrier
regulations issued by FMSCA and prevents the loss of half the State's
Federal MCSAP funding.

Purpose:

This bill would allow the State's highway safety programs to avoid
over $4 million of annual revenue losses by ensuring State compliance
with Federal Motor Carrier Safety Administration (FMCSA) rules.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

A Federal audit of New York State law has found several discrepancies
between Federal motor carrier safety rules and State law. This
proposal will bring State law into conformance and will allow the
State to avoid over $4 million in annual Federal revenue loss. Motor
Carrier Safety Assistance Program (MCSAP) grants are used to support
State motor carrier compliance reviews; conduct roadside inspections;
enforce violations noted in roadside inspections, and ensure that new
trucking firms pass a safety audit to receive permanent registration.

Sections 1 through 5 expand the variety of entities covered by the
State's law in accordance with Federal regulations (49 CFR 390.3).
Section 4 changes the period of time for which a commercial vehicle
may display an out-of-state or Canadian province certificate of
inspection from six months from the date issued to twelve months.
Section 6 expands coverage of hours of service rules for commercial
motor vehicle drivers to private carriers in accordance with 49 CFR
395.1(a). Section 7 subjects all motor buses operated by a public

authority within the jurisdictional area of such public authority to
the maximum driving and on-duty time rules for commercial motor
vehicle drivers in accordance with 49 CFR 395.5. Section 8 changes
record-keeping provisions in accordance with 49 CFR 395.8(k)(2).
Section 9 eliminates the exceptions to the hours of service rules
that conflict with the Federal hours of service rules in 49 CFR 395.1.

Section 10 deletes the definitions of hazard classes and provides that
the rules governing the transport of hazardous materials will be set
forth in the rules and regulations promulgated by the Department of
Transportation (these rules and regulations will comply with 49 CFR
171-173). Sections 11 through 16 are technical amendments that change
references of "interstate commerce commission" to "United States
department of transportation" to conform to Federal Motor Carrier
Safety Administration rules. Sections 17 through 20 are technical
amendments to conform other State laws to this proposal. This is a
new proposal.

Budget Implications:

This proposal would ensure State compliance with Federal highway
regulations, thereby avoiding Federal penalties and saving the State
$2.1 million in 2012-13 and $4.2 million annually thereafter.

Effective Date:

This bill takes effect April 1, 2012.

Part H - Eliminate certain tagging requirements, streamline various
fish and wildlife licenses, permits and associated fees and extend
the authority of the Department of Environmental Conservation to
collect fees for ocean quahogs taken from all certified waters.

Purpose:

This bill would eliminate certain tagging requirements, streamline
requirements with respect to various fish and wildlife licenses,
permits and associated fees, and extend the authority of the
Department of Environmental Conservation (DEC) to collect fees for
ocean. quahogs taken from all certified waters.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill would streamline DEC services allowing the agency to operate
more efficiently and provide services to the general public in the
most uncomplicated manner as possible while still preserving the
legislative intent of various statutes.

The provisions in this bill would amend the Environmental Conservation
Law (ECL) by:

o Eliminating the requirement for a license to collect or possess
birds' nests or eggs;
o Waiving the requirement for a DEC permit if a depredation permit
(issued to address wildlife or game bird nuisances) has been issued
by the U.S. Department of Interior;
o Adding muskrats to the list of nuisance animals that may be taken
without a permit;
o Exempting municipalities from the fee for a nuisance wildlife
control operator license;
o Eliminating the $5 fee on permits for the possession for use of a
firearm in or on a motor vehicle by a non-ambulatory person;
o Eliminating various tagging requirements;
o Increasing the length of the term from one to five years for
domestic game bird breeder's licenses, shooting preserve licenses and
domestic game animal breeder's licenses, while reducing the fee per
year for such licenses;
o Increasing the length of the term from two to five years for
falconry licenses, while reducing the fee per year for such licenses;
and
o Extending until April 1 ,2016, DEC's authority to collect
fifteen cents per bushel of surfclams and ten cents per bushel of
ocean quahogs.

Under existing law, ECL Article 11 requires, among other things, (i)
the tagging of various fish and wildlife and (ii) various licenses
and permits for the handling of fish and wildlife. ECL Article 13
provides that DEC, until April 1, 2010, shall be entitled to collect
fees on surfclams and ocean quahogs taken from certified waters.

Budget Implications:

Enactment of this bill is necessary to implement the 2013 Executive
Budget because it would result in reduced administrative effort and
streamline services. All of the fees addressed in this bill
collectively generate revenue of approximately $70,000 annually,
which are deposited into the Conservation Fund. Elimination of
certain fees and permits as well as adjustments to permit and license
terms, as required under the bill, would reduce overall revenue but
with a corresponding reduction in administrative workload.
Additionally, since 2006, DEC has collected between $45,000 and
$61,000 annually in fees for surfclams and ocean quahogs, which are
then deposited into the Surfclam/Ocean Quahog Account of the
Conservation Fund. These funds are used to conduct population surveys
and stock assessments on the surfclam/ocean quahog fishery.

Effective Date:

This bill takes effect immediately.

Part I - Clarify that the State does not regulate Voice over Internet
Protocol (VoIP) service, in order to facilitate competition for the
benefit of consumers and businesses alike.

Purpose:

This bill would clarify that the Public Service Commission and other
State agencies do not have authority to regulate rates or other terms
of service related to Voice over
Internet Protocol (VoIP) service. New York State consumer protections
would not be impacted by this bill.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill clarifies in State law the role of State agencies with
respect to regulating VoIP, a technology that allows customers to
make phone calls using a broadband internet connection instead of a
regular (or analog) phone line.

VoIP offers an economical and reliable alternative to traditional
networks for providing communication connections. This bill would
benefit rural residents and businesses by:
(i) making it less expensive for telecommunication companies to extend
broadband communication systems to rural areas; (ii) allowing remote
businesses to transform the way they do business; and (iii)
facilitating higher paying information age jobs. The bill would also
further promote competition among the different types of
communication services currently available in all areas of the State.

This bill does not affect the State's authority to enforce federal
requirements, to the extent applicable, with respect to 911
facilities, "Enhanced 911" fees, telecommunications relay service,
and federal Universal Service Fund fees. New York State's consumer
protection laws, including those barring unfair or deceptive trade
practices, continue to apply.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, because of the increased economic activity and investment
through expanded broadband deployment.

Effective Date:

This bill takes effect immediately.

Part J - Reduce costs on businesses by amending the formula for the
imposition of the fees on hazardous waste and hazardous wastewater to
incentivize the on site recycling of such waste.

Purpose:

This bill would amend the formula used in the Environmental
Conservation law (ECL), as previously amended in 2010, by exempting
from the fee requirement associated with the generation of hazardous

waste certain amounts of such waste that are recycled as a mechanism
to incentivize on-site recycling.

Statement in Support, Summary of Provisions. Existing Law, and
Prior Legislative History:

Existing law sets forth regulatory fees for the generation of
hazardous waste and hazardous wastewater. This bill would promote
on-site recovery and reuse and external sale of excess recovered
hazardous waste while still assessing the fee for hazardous waste and
hazardous wastewater on the amount of such materials actually
disposed of as a hazardous waste.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it will eliminate an unintended consequence of a 2010
ECL amendment.

Effective Date:

This bill takes effect immediately and shall apply to hazardous waste
program fee bills issued by the Department of Environmental
Conservation after January 1, 2012 for hazardous waste or hazardous
wastewater generated during calendar year 2011 or later.

Part K - Terminate unnecessary State Operating Fund support of the
Environmental Facilities Corporation with respect to the Clean Water
and Drinking Water State Revolving Funds.

Purpose:

This bill would eliminate State Operating Fund support of the
Environmental Facilities Corporation (EFC) with respect to the Clean
Water and Drinking Water State Revolving Funds, in a manner that
preserves (i) all existing channels of EFC's financial support of the
Departments of Environmental Conservation and Health, and (ii)
existing job levels at EFC. The bill would also eliminate duplicative
administrative functions at EFC and the Office of the State
Comptroller (OSC).

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

EFC - a financially self-sustaining authority - was established to
provide local governments with low cost financing associated with
constructing and maintaining drinking water and water pollution
control facilities. In general, EFC is funded by Federal
capitalization grants and State matching funds, loan repayments and
internally generated funds. The original purpose of the appropriation
at issue ($12 million) was to be a source of administrative cash flow
for EFC prior to EFC's receipt of similarly purposed Federal funds

from which reimbursement was provided by EFC back to the
State. Currently, EFC maintains two payroll systems, one through the
appropriation and another for its remaining off-budget employees.
EFC's on-budget appropriations have been used to meet a portion of
EFC's personal service (payroll) costs. All personal service payments
issued by OSC through this state appropriation are fully reimbursed
by EFC. Given its self-sustaining nature, EFC does not need support
from State Operating Funds.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, because it would result in reducing the overall size of State
Operating Funds by $12 million, while maintaining EFC's current
workforce levels, and eliminate the administrative burden associated
with EFC and OSC operating two separate payroll systems (one
off-budget and one on-budget).

Effective Date:

This bill takes effect immediately and shall be deemed to have been in
full force and effect on and after April 1, 2012.

Part L - Eliminate the mandate that the New York State Agricultural
Experiment Station be the exclusive seed testing entity in the State,
and allow testing to be conducted by the Department of Agriculture
and Markets or a qualified laboratory.

Purpose:

This bill would remove the current requirement that the New York State
Agricultural Experiment Station be the exclusive seed testing entity
in the State, and allow testing to be conducted by the Department of
Agriculture and Markets (Department) or a qualified laboratory.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Under existing law, the Department is required to submit seed samples
to the New York State Agricultural Experiment Station (NYSAES),
operated by Cornell University, for seed analysis and testing which
supports the Department's regulatory role and assures farmers,
homeowners and various businesses that the seed's quality is
consistent with its label. NYSAES can no longer accommodate the Seed
Testing Program. As such, this proposal would amend Agriculture and
Markets Law to allow seed testing to be performed by the Department
of Agriculture and Markets or a qualified laboratory. The Department
may be able to accommodate the seed testing responsibility when the
New York State Food and Metrology Laboratory is built and
operational, which is planned for
the Fall of 2012. In the interim, the Department would contract for
services with an alternative laboratory.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget as it would enable the Department to save $78,000 annually if
testing were performed by the Department or a qualified laboratory.
The 2011-12 Enacted Budget included $128,000 for the NYSAES.

Effective Date:

This bill takes effect immediately.

Part M - Provide the Department of Agriculture and Markets with more
comprehensive fee-for-service authority in order to recover normal
costs related to services provided to other states.

Purpose:

This bill authorizes the Commissioner of Agriculture and Markets
(Commissioner) to enter into contracts and cooperative agreements to
provide services of the Department of Agriculture and Markets
(Department) for a fee to governmental and educational entities when
it serves the public interest.

Statement in Support, Summary of Provisions, Existing Law.
and Prior Legislative History:

Under existing law, the Commissioner is authorized to enter into
contracts and cooperative agreements only to provide laboratory
services of the Department for a fee.
This bill will enable the Department to charge a fee for other
services that it currently performs. For example, this bill will
allow the Department to enter into contracts and cooperative
agreements with other states to conduct milk or food safety
inspections or assist with invasive species eradication and control
efforts, and charge the state for that service. Similarly, this bill
will allow the Department to conduct food safety training seminars at
educational facilities for a fee, which in turn will better enable
the regulated community to comply with food safety requirements.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it will allow the Department to recoup costs
associated with services it provides that are related to its core
mission.

Effective Date:

This bill takes effect immediately.

Part N - Redirect certain fees currently deposited to the Consumer
Food Account and the Commercial Feed Licensing Account to the General

Fund, as a result of the consolidation of these accounts into the
General Fund.

Purpose:

This bill would redirect certain fees currently deposited to the
Consumer Food Account and the Commercial Feed Licensing Account to
the General Fund, as a result of the consolidation of these accounts
into the General Fund.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Under existing law, food processing establishment license fees and
commercial feed tonnage and license fees are deposited into certain
Special Revenue Funds. In recent years, revenues from these fees have
not kept pace with the increasing costs of administering the
respective programs, resulting in a structural imbalance. This bill
would allow the respective license and tonnage fees collected by the
Department pursuant to Agriculture and Markets Law Article 8 and 20-C
to be deposited to the General Fund to offset the costs of inspection
and administration. This proposal, together with the shifting of
corresponding special revenue fund appropriations and costs to the
General Fund, would enable the Department to maintain existing levels
of food safety inspection and oversight.

This bill would also provide for a more efficient and less complicated
licensing renewal period schedule by replacing four food processing
license application periods with a rolling application schedule.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it provides a mechanism to allow the Department to
maintain existing levels of food safety inspection and oversight.

Effective Date:

This bill takes effect immediately.

Part 0 - 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.

Purpose:

This bill would 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
(NYSERDA).

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill would authorize and direct the Comptroller to receive for
deposit to the credit of the General Fund a payment of up to $913,000
from NYSERDA from unrestricted corporate funds. The $913,000 transfer
will help offset New York State's debt service requirements relating
to the Western New York Nuclear Service Center (West Valley).
Chapter 60 of the Laws of 2011 provided a similar one year
authorization.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-2013
Executive Budget because it authorizes the Comptroller to accept from
NYSERDA $913,000 in payments to the General Fund as provided in the
Financial Plan.

Effective Date:

This bill takes effect immediately.

Part P - 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's climate change program,
from an assessment on gas and electric corporations.

Purpose:

This bill would authorize the New York State Energy Research and
Development Authority (NYSERDA) to obtain revenue for certain
programs from a special assessment on gas corporations and electric
corporations.

Statement in Support Summary of Provisions, Existing Law,
and Prior Legislative History:

The bill would authorize NYSERDA to finance its research, development
and demonstration, and policy and planning programs, and to finance
the Department of Environmental Conservation's climate change
program, from a special assessment on gas corporations and electric
corporations. Section 18-a of the Public Service Law authorizes the
Department of Public Service to assess gas corporations and electric
corporations for expenses related to administering Public Service Law
programs. This is a special assessment, in addition to the section
18-a assessment, which has been proposed annually as an Article VII
provision, and a similar bill was last enacted as Part Q of Chapter
60 of the Laws of 2011. Without this authorization, NYSERDA and DEC
could not continue to implement necessary programs in the 2012-13
State Fiscal Year.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget because it authorizes the collection of assessments to fund
NYSERDA's research, development and demonstration, and policy and
planning programs and, as set forth in the appropriation, DEC's
climate change program. A $16.2 million appropriation is included in
NYSERDA's budget for these programs.

Effective Date:

This bill takes effect immediately.

Part Q - Amend the Jacob K. Javits Convention Center enabling
legislation to authorize the disposal of adjacent properties.

Purpose:

This bill would amend the law authorizing the construction, expansion
and renovation of the Jacob K. Javits Convention Center (Javits
Center) to permit the Convention Center Development Corporation
(CCDC), a subsidiary of the New York State Urban Development
Corporation, to dispose of real and personal property.

Summary of Provisions, Existing Law, Prior Legislative History,
and Statement in Support:

CCDC owns multiple parcels of land at and adjacent to the Javits
Center site that may not be incorporated into or required for the
continued use or expansion of the Javits Center.

The bill would enable the CCDC to dispose of any property it owns that
is determined to be unnecessary for current or future expansion plans
for the Javits Center and to
transfer the proceeds from any disposition of such property to the
State's General Fund.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, which proposes that proceeds from the sale of land adjacent
to the Javits Center will be transferred to the State's General Fund.

Effective Date:

This bill takes effect immediately.

Part R - Make permanent the general loan powers of the New York State
Urban Development Corporation.

Purpose:

This bill would make permanent the general loan powers of the New York
State Urban Development Corporation (UDC).

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Chapter 393 of the Laws of 1994 provides UDC with the general power to
make loans.
This authorization has been renewed annually and is currently set to
expire on July 1, 2012. The sunset date has been extended each year
since 1997.

Absent enactment of this bill, UDC will only be authorized to make
loans in connection with certain State-funded economic development
programs that have statutory loan authorization.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, which assumes that UDC will provide certain economic
development assistance through loans. Absent this legislation, the
UDC could not fund approved loans being made by the Metropolitan
Economic Revitalization Fund.

Effective Date:

This bill takes effect immediately.

Part S - Make permanent the Empire State Economic Development Fund.

Purpose:

This bill would make permanent the Empire State Economic Development
Fund (EDF), one of the State's primary economic development grant and
loan programs for job creation and job retention.

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

This bill would eliminate the section of the New York State Urban
Development Corporation Act (UDC Act) that provides for the
expiration of the EDF, thereby making the EDF permanent.

The EDF was created in 1996 with the adoption of Section 16-1 of the
UDC Act, L.1996, c.309, �105. The EDF is the only economic development
program that contains a sunset provision. Elimination of the sunset
provision would permit UDC to fulfill prior commitments made through
this program to businesses and other stakeholders throughout the
State without interruption.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, which assumes new EDF funding as well as the continuity of
previously authorized EDF funding.

Effective Date:

This bill takes effect immediately and will be deemed to have been in
full force and effect on and after April 1, 2009.

Part T - Provide general grant-making power for the New York State
Urban Development Corporation.

Purpose:

This bill would add grant-making to the general powers of the New York
State Urban Development Corporation (UDC).

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

Currently, UDC's ability to make grants derives solely from the
program-specific sections of the New York State Urban Development
Corporation Act. These individual
program sections typically include program-specific loan-making and
grant-making authority. To further support and clarify the statutory
activities of UDC, the corporation was given the legal authority to
make loans without program-specific authorization in 1994. UDC has
relied on this general loan-making power to make loans using
available funds that do not relate to a program contained within the
UDC Act, such as the Metropolitan Economic Revitalization Fund.

Enactment of this bill is necessary to allow UDC to similarly make
grants with available funds for programs that are authorized outside
the UDC Act. Inclusion in the UDC Act of general grant-making power
is a logical corollary to its general loan-making power and would
provide UDC with the necessary authority to structure financial
assistance to businesses and other entities.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-13 Executive
Budget, portions of which appropriate funding for purposes related to
programs authorized outside of the UDC Act.

Effective Date:

This bill takes effect immediately.

Part U - Provide a 3 percent linked loan savings for agricultural
businesses.

Purpose:

This bill would provide a 3 percent linked loan savings for
agricultural businesses.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The Linked Deposit Program helps New York State firms obtain
reduced-rate financing so they can undertake projects to improve
their competitiveness, market access and product development;
modernize their equipment; expand their facilities for productivity
growth; introduce new technologies; facilitate ownership transition;
and promote job creation and retention.

The Linked Deposit Program currently only provides for a 2 percent
reduction in interest rates for a 4 year period or a 3 percent
reduction for projects in a highly distressed area.
This bill would expand the Linked Deposit Program to ensure that
certain agricultural businesses will be eligible for a 3 percent
reduction in interest rates on linked deposit loans. Reduction of the
interest rate for agricultural businesses will benefit farms and
encourage growth in agriculture throughout the State.

Budget Implications:

Enactment of this bill is necessary to implement the 2013 Executive
Budget because it will stimulate growth in the agricultural sector
and create and retain jobs.

Effective Date:

This bill takes effect immediately.

Part V - Authorize the Department of Health to finance certain
activities with revenues generated from an assessment on cable
television companies.

Purpose:

This bill would authorize the Department of Health (DOH) to finance
public service education activities with revenues generated from an
assessment on cable television companies.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

The bill would authorize certain expenditures of DOH as eligible
expenses for cable television assessment revenue. Section 217 of the
Public Service Law authorizes the Department of Public Service (DPS)
to assess cable television companies for DPS costs associated with
the regulation of cable television companies. This annual Article VII
bill also makes DOH public service education expenses, charged to the

special revenue cable television account, eligible for this funding.
Chapter 60 of the Laws of 2011 provided similar authorization.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-2013
Executive Budget because it ensures the recovery of public service
education expenses incurred by DOH, as provided for in the Financial
Plan. A $454,000 appropriation is included in DOH's budget for these
activities.

Effective Date:

This bill takes effect immediately.

Part W - Extends the renewal period for certain disciplines licensed
by the Department of State.

Purpose:

This bill would increase the renewal term for security guards and real
estate salespersons and brokers from two to four years and
correspondingly doubles the associated fee.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

This bill would amend the General Business Law and the Real Property
Law to extend the term for certain disciplines licensed and regulated
by the Department of State. Each renewal fee would be doubled as a
result of the extended licensing term.

Budget Implications:

Enactment of this bill is necessary to implement the 2012-2013
Executive Budget as the State Financial Plan assumes approximately
$1.8 million in additional revenue from the implementation of its
provisions.

Effective Date

This bill takes effect immediately.

Part X - Make uncashed pari-mutuel vouchers subject to escheatment.

Purpose:

This bill would provide that all cash pari-mutuel vouchers must be
presented for payment before April 1st of the year following the
year of their purchase; if not presented, the funds will be paid to
the racing regulation account

Statement in Support, Summary of Provisions. Existing Law
and Prior Legislative History:

Uncashed pari-mutuel tickets are subject to escheatment if not
presented for payment by April 1st of the year following their year
of purchase. No provision in law is made for pari-mutuel vouchers
that are not presented for payment.

This bill would amend Sections 235, 301, 401, and 529 of the Racing,
Pari-Mutuel Wagering and Breeding Law to provide that all cash
pari-mutuel vouchers must be presented for payment before April 1st
of the year following the year of their purchase; if
not presented, the funds will be paid to the racing regulation account
established pursuant to Section 111 of the Racing, Pari-Mutuel
Wagering and Breeding Law.

Additionally, the bill would repeal existing subdivision a concerning
admission charges;
this quarterhorse racing provision was inadvertently not repealed with
corresponding thoroughbred and harness racing provisions (Chapter 211
of the Laws of 1999).

Budget Implications:

This bill would increase funds for the regulation of pari-mutuel horse
racing by an annualized value of $200,000.

Effective Date:

This bill takes effect immediately with authorization
for the promulgation of any rules necessary for timely implementation.

Part Y - Reduce Racing and Wagering Board employee costs.

Purpose:

This bill would authorize licensed harness racing
associations and corporations to appoint and employ the starter and
one of the officiating judges at parimutuel harness race meetings.

Statement in Support, Summary of Provisions, Existing Law
and Prior Legislative History:

This bill would more closely align the appointment and employment of
certain racing officials by the licensed track operator. One of the
three stewards as well as the starting-related employees at
thoroughbred race meetings are employed by the track operator.
Qualified and employable candidates should be readily available as
the corresponding positions would be abolished by the Racing and
Wagering Board. The abolition of positions would also alleviate the
so-called revolving door bar otherwise applicable pursuant to Public
Officers Law Section 73.8.

This bill would provide that the licensed harness racing associations
and corporations shall employ and appoint one associate judge and the
starter to serve at pari-mutuel harness race meetings.

Under current law, the Racing and Wagering Board designates and
employs all of the racing officials who supervise the conduct of live
pari-mutuel harness racing.

Budget Implications:

This bill would reduce the cost of racing regulation in the
approximate annualized amount of $829,000 based on salary, fringe
benefit and indirect costs at seven harness tracks.

Effective Date:

This bill takes effect ninety days after it becomes law.

Part Z - Enable the Commissioner of Agriculture and Markets to issue a
dairy research and education order to fund research for the purpose
of improving dairy industry production and increasing the efficiency
and profitability of the State's dairy industry.

Purpose:

This bill would enable the Commissioner of Agriculture and Markets to
issue a dairy research and education order to fund research for the
purpose of improving dairy industry production and increasing the
efficiency and profitability of the State's dairy industry.

Statement in Support, Summary of Provisions, Existing Law,
and Prior Legislative History:

Existing law provides for an industry-initiated and funded referendum
process to provide the Commissioner with approval to issue dairy
promotion orders associated with advertising and promotion of milk,
and post-production research to develop new and
improved dairy products. This bill would add another such referendum
process but for the purpose of funding farm level research and
education, with the goal of increasing the profitability of milk
production and the New York dairy industry in general.

The procedure established under the bill is similar to the statutory
procedures established with respect to dairy promotion orders, as
well as other promotion and research orders that are currently in
place for fruits and vegetables. Accordingly, the bill would
authorize the Commissioner, after due notice and opportunity for a
hearing, and subject to approval of fifty-one percent of milk
producers, to make and issue a dairy research and education order.
The bill would also specify requirements with respect to amending or
terminating any such research and education order, creating an
advisory committee, levying assessments against all milk producers

subject to the order, and providing for payments to institutions or
organizations engaged in research and/or educational activities that
would result in improved dairy production and farm profitability.

Budget Implications:

Enactment of this bill will ensure sufficient future funding to
support necessary dairy research and education once the order is
created, a process which may take a year to complete.

Effective Date:

This bill takes effect immediately.

Part AA - Increase cost recovery from public authorities to support
auditing and oversight work done by the Office of the State
Comptroller.

Purpose:

This bill would increase the amount of governmental costs assessed to
public authorities to support oversight.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Under current law, the State may assess public authorities up to $60
million to cover the costs of services provided to public
authorities. This bill would increase that amount to $62 million.

The Public Authorities Accountability Act of 2005 and the Public
Authorities Reform Act of 2009 increased transparency and
accountability of the State's public authorities and requires
enhanced oversight of authority activities. The increase in
assessments would support this oversight.

Budget Implications:

This bill is necessary to implement and balance the 2012-13 State
Budget by increasing the authority to collect revenues in an amount
commensurate with expected spending.

Effective Date:

This bill takes effect immediately.

The provisions of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

S6258C-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 6258--C
 I N  SENATE
 January 17, 2012
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article 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
 

AN ACT to authorize funding for the Consolidated Local Street and  High
 way  Improvement  Program  (CHIPS)  and  Marchiselli program for state
 fiscal year 2012-2013; to amend chapter  329  of  the  laws  of  1991,
 amending  the  state finance law and other laws relating to the estab
 lishment of the dedicated highway and bridge trust fund; and to  amend
 chapter  60  of  the laws of 2011, authorizing funding for the Consol
 idated Local  Street  and  Highway  Improvement  Program  (CHIPS)  and
 Marchiselli program for state fiscal year 2011-2012 and amending chap
 ter  329 of the laws of 1991, amending the state finance law and other
 laws relating to the establishment of the dedicated highway and bridge
 trust fund, in relation to the effectiveness thereof (Part A);  inten
 tionally  omitted  (Part  B); intentionally omitted (Part C); to amend
 the vehicle and  traffic  law,  in  relation  to  commercial  driver's
 licenses  and  medical  certifications; and to repeal paragraph (f) of
 subdivision 3 of section 510-a of the vehicle and traffic law,  relat
 ing  to  commercial  driver's licenses (Part D); intentionally omitted
 (Part E); to amend the vehicle and traffic law in relation  to  estab
 lishing  an  additional  retention rate for county clerks acting as an
 agent of the department of motor vehicles based upon  internet  trans
 actions  (Part  F);  to  amend the transportation law, the vehicle and
 traffic law, the general municipal law, the environmental conservation
 law and the executive law, in relation to federal revenue (Part G); to
 amend the environmental conservation law, in  relation  to  the  regu
 lation  of  various  fish and wildlife licenses, permits and fees; and
 repealing certain provisions of such law relating thereto (Part H); to
 amend the public service law, in relation to eliminating  state  regu
 lation  of  VoIP service in order to facilitate competition and ensure
 consumers receive the maximum benefit  of  competition  (Part  I);  to
 amend  the  environmental  conservation  law, in relation to hazardous
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD12673-05-2
 
       S. 6258--C                          2
 waste program fees and  surcharges  (Part  J);  intentionally  omitted
 (Part  K);  to  amend  the agriculture and markets law, in relation to
 seed testing (Part L); intentionally omitted (Part M);  to  amend  the
 agriculture  and  markets  law, in relation to food processing license
 fees; and to repeal subdivision 4 of section 128-a and  subdivision  3
 of  section  133-a of the agriculture and markets law and section 90-b
 of the state finance law relating to  the  commercial  feed  licensing
 fund  (Part  N);  to  authorize  and  direct the New York state energy
 research and development authority to make a payment  to  the  general
 fund of up to $913,000 (Part O); to authorize the New York state ener
 gy  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 P);
 intentionally omitted (Part Q); to amend chapter 393 of  the  laws  of
 1994,  amending  the New York state urban development corporation act,
 relating to the powers of the New York state urban development  corpo
 ration  to  make loans, in relation to the effectiveness thereof (Part
 R); to amend section 16-m of the  New  York  state  urban  development
 corporation   act,   in  relation  to  the  effectiveness  of  certain
 provisions relating to the  empire  state  economic  development  fund
 (Part  S);  intentionally omitted (Part T); to amend the state finance
 law, in relation to the excelsior linked  deposit  act  (Part  U);  to
 authorize  the department of health to finance certain activities with
 revenues generated from an assessment on  cable  television  companies
 (Part  V); intentionally omitted (Part W); intentionally omitted (Part
 X); intentionally omitted (Part Y); intentionally omitted (Part Z); to
 amend the public authorities law, in relation to the recovery of state
 governmental costs from public authorities and public  benefit  corpo
 rations  (Part  AA);  intentionally  omitted  (Part BB); intentionally
 omitted (Part CC); intentionally  omitted  (Part  DD);  to  amend  the
 transportation  law,  in  relation  to  establishing  regional  branch
 offices of the Department of Transportation in eleven  regions  across
 the state of New York (Part EE); to amend the vehicle and traffic law,
 in  relation  to  establishing  an  optional two-year registration for
 motorcycles (Part FF); to amend the state finance law, in relation  to
 establishing the bridge and road investment and dedicated fund guaran
 teed  enforcement "BRIDGE" reform act (Part GG); to amend section 9 of
 part AA of chapter 60 of the laws of 2011 amending  the  environmental
 conservation  law relating to saltwater recreational fishing registra
 tions, in relation to the effectiveness of such provisions (Part  HH);
 to amend the environmental conservation law and the state finance law,
 in relation to requiring retained deposits on unredeemed containers to
 be  deposited  into  the  environmental  protection fund (Part II); 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 JJ); to amend  the  state  finance  law,  in  relation  to
 requiring release of appropriated funds to specific regional transpor
 tation  authorities  (Part  KK);  to  amend the transportation law, in
 relation to establishing reporting requirements for the department  of
 transportation's capital projects including projects receiving funding
 pursuant to New York Works as appropriated in the New York State budg
 et  FY 2012-2013 (Part LL); to amend the executive law, in relation to
 expanding the minority and women-owned business enterprise program  to
 include  veteran-owned  business  enterprise  (Part  MM); to amend the
 economic development law and the public authorities law,  in  relation
 to  establishing the western New York power proceeds allocation board;
 
       S. 6258--C                          3
 and to repeal chapter 436 of the laws  of  2010  amending  the  public
 authorities  law and the economic development law, relating to author
 izing unallocated expansion or replacement power to be  allocated  for
 western  New  York economic development fund benefits relating thereto
 (Part NN); to amend the environmental conservation law, in relation to
 directing the commissioner of  environmental  conservation  to  create
 gift  cards  for hunting and fishing licenses (Part OO); to direct the
 commissioner  of  the  department  of  environmental  conservation  to
 promulgate  regulations  relating to the harvesting of downed trees on
 certain state lands (Part PP); to amend the racing, pari-mutuel wager
 ing and breeding law and the state finance law, in relation to the New
 York city off-track betting corporation and establishing the New  York
 city  off-track  betting  corporation  fund;  and  to  repeal  certain
 provisions of the racing, pari-mutuel wagering and breeding law relat
 ing thereto (Part QQ); to amend the racing, pari-mutuel  wagering  and
 breeding  law,  in  relation  to  authorizing  the  regional off-track
 betting corporations to file for bankruptcy (Part RR);  to  amend  the
 vehicle  and  traffic  law,  in relation to non-divisible load permits
 (Part SS); to amend the executive law, in  relation  to  enacting  the
 "improper  payments  reporting  and reduction act" (Part TT); to amend
 the environmental conservation law, in relation to the use of  reverse
 vending  machines  for  the  redemption  of  beverage  containers, the
 acceptance of returned beverage containers, reports submitted  to  the
 commissioner  of  taxation  and finance relating thereto, licensing of
 redemption centers and penalties relating to litter  and  solid  waste
 violations  (Part UU); to amend the environmental conservation law, in
 relation to sulfur reduction requirements (Part VV); to amend the  tax
 law, in relation to granting sales and compensating use tax exemptions
 for certain tangible personal property and services used in the opera
 tion  of  recreational  skiing  facilities  (Part  WW); to provide for
 eligibility of certain  electric  generating  facilities  for  partic
 ipation  in  the  brownfield  cleanup  program;  and providing for the
 repeal of such provisions upon expiration thereof (Part  XX);  and  to
 require  the  power  authority  to conduct an analysis of the economic
 viability of certain electric generating facilities (Part YY)
 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 2012-2013
 state fiscal year. Each component is  wholly  contained  within  a  Part
 identified as Parts A through YY. 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
 
       S. 6258--C                          4
 hereby made available, in accordance with subdivision 1 of  section  380
 of  the  public  authorities  law as amended, according to the following
 schedule.  Payments pursuant to subdivision (a) of this section shall be
 made  available  as  moneys become available for such payments. Payments
 pursuant to subdivisions (b) and (c)  of  this  section  shall  be  made
 available on the fifteenth day of June, September, December and March or
 as  soon  thereafter  as  moneys  become available for such payments. No
 moneys of the state in the state treasury or any of its funds  shall  be
 available for payments pursuant to this section:

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

 State Fiscal Year        Amount
 2012-13                  $39,700,000
 (b)  Three  hundred  four  million  three  hundred  thousand   dollars
 ($304,300,000) to counties, cities, towns and villages for reimbursement
 of  eligible  costs  of  local  highway  and bridge projects pursuant to
 sections 16 and 16-a of chapter 329 of the laws of  1991,  as  added  by
 section  9  of  chapter  330  of  the  laws of 1991, as amended. For the
 purposes of computing allocations to municipalities, the amount distrib
 uted pursuant to section 16 of chapter 329 of the laws of 1991 shall  be
 deemed  to  be $121,520,000.  The amount distributed pursuant to section
 16-a of chapter  329  of  the  laws  of  1991  shall  be  deemed  to  be
 $182,780,000.   Notwithstanding the provisions of any general or special
 law, the amounts deemed distributed in accordance  with  section  16  of
 chapter  329  of the laws of 1991 shall be adjusted so that such amounts
 will not be less than 83.807 percent of the "funding level"  as  defined
 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
 
       S. 6258--C                          5
 be adjusted so that such amounts will not be less than 16.193 percent of
 the  "funding  level" as defined in subdivision 5 of section 10-c of the
 highway law for each such municipality. In order to achieve  the  objec
 tives  of  section  16 of chapter 329 of the laws of 1991, to the extent
 necessary, the amounts in excess of 16.193 percent of the funding  level
 to  be  deemed  distributed  to each municipality under this subdivision
 shall be reduced in equal proportion. To the extent that  the  total  of
 remaining payment allocations calculated herein varies from $58,797,000,
 the  payment  amounts  to  each  locality shall be adjusted by a uniform
 percentage so that the total payments equal $58,797,000.
 The program authorized pursuant to sections 16 and 16-a of chapter 329
 of the laws of 1991, as added by section 9 of chapter 330 of the laws of
 1991, as amended, shall additionally  make  payments  for  reimbursement
 according to the following schedule:

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

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

 (f) For purposes of this section and section 10-c of the highway  law,
 [for  projects  completed on or before March 31, 2012] 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
 authority pursuant to section 380  of  the  public  authorities  law  or
 otherwise as determined by the director of the budget.
 

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

 (f)  For purposes of this section and section 10-c of the highway law,
 [for projects completed on or before March 31, 2012] 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
 authority  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
 
       S. 6258--C                          6
 ment of the dedicated highway and  bridge  trust  fund,  as  amended  by
 section  4  of  part  A of chapter 60 of the laws of 2011, is amended to
 read as follows:

 (d) Any such service contract (i) shall provide that the obligation of
 the  director  of  the budget or the state to fund or to pay the amounts
 therein provided for shall not constitute a debt of the state within the
 meaning of any constitutional or statutory provisions in the  event  the
 thruway  authority assigns or pledges service contract payments as secu
 rity for its bonds or notes, (ii) shall be deemed executory only to  the
 extent  moneys  are available and that no liability shall be incurred by
 the state beyond the moneys available for the  purpose,  and  that  such
 obligation  is  subject  to annual appropriation by the legislature, and
 (iii) shall provide that no funds  shall  be  made  available  from  the
 proceeds  of  bonds  or notes issued pursuant to this chapter unless the
 commissioner of transportation has certified  to  the  chairman  of  the
 thruway  authority  that  such  funds  shall be used exclusively for the
 purposes  authorized  by  subdivision  (a)  of  this   section,   and/or
 construction,  reconstruction  or improvement of local highways, bridges
 and/or highway-railroad crossings, including right of  way  acquisition,
 preliminary  engineering, and construction supervision and inspection[,]
 where the service life of the project is at least  ten  years,  or  [for
 projects  completed  on  or before March 31, 2012] 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 amended by
 section 5 of part A of chapter 60 of the laws of  2011,  is  amended  to
 read as follows:

 (b)  Each  county, city, town and village shall certify to the commis
 sioner  of  transportation  that  amounts  to  be  reimbursed  are   for
 construction,  reconstruction  or improvement of local highways, bridges
 and/or highway-railroad crossings, including right of  way  acquisition,
 preliminary  engineering,  and  construction  supervision and inspection
 where the service life of the project is at  least  ten  years  or  [for
 projects  completed  on  or before March 31, 2012] 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
 
       S. 6258--C                          7
 in writing request the municipalities to furnish such information as may
 be necessary to comply with this section.
 

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

 (b) Each county, city, town and village shall certify to  the  commis
 sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
 construction, reconstruction or improvement of local  highways,  bridges
 and/or  highway-railroad  crossings, including right of way acquisition,
 preliminary engineering, and  construction  supervision  and  inspection
 where  the  service  life  of  the project is at least ten years or [for
 projects completed on or before March 31, 2012] 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. 

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

 

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

S  8.  This act shall take effect immediately; provided, however, that
 the amendments to subdivisions (f) and (b) of section 16 of chapter  329
 of  the  laws of 1991 made by sections two and five of this act, respec
 tively, shall not affect the repeal of such subdivisions  and  shall  be
 deemed  repealed  therewith;  provided,  further, that the amendments to
 subdivisions (f) and (b) of section 16-a of chapter 329 of the  laws  of
 1991 made by sections three and six of this act, respectively, shall not
 affect  the  repeal  of  such  subdivisions and shall be deemed repealed
 therewith; and provided, further, that the amendments to subdivision (d)
 of section 11 of chapter 329 of the laws of 1991 made by section four of
 this act shall not affect the repeal of such subdivision  and  shall  be
 deemed repealed therewith.
 PART B
 Intentionally omitted
 PART C
 Intentionally omitted
 
       S. 6258--C                          8
 PART D
 

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

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

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

 (b)  An  application for a license shall be valid for a period of time
 specified by regulation of the commissioner not to exceed five years.  A
 learner's  permit  shall be valid from its issuance until the expiration
 of the application for a driver's  license  for  which  it  was  issued.
 Provided, however, that [if the medical certificate submitted in accord-
 ance  with the requirements of the federal motor carrier safety improve-
 ment act of 1999 and Part 383.71(h) of title 49 of the code  of  federal
 regulations  by  an applicant for a commercial driver's license expires,
 any] A learner's permit [that may have been] issued by the  commissioner
 in  connection  with  [the]  AN  application  FOR  A COMMERCIAL DRIVER'S
 LICENSE shall be [suspended] CANCELLED UPON: (I) THE EXPIRATION  OF  THE
 HOLDER'S   MEDICAL   CERTIFICATION  OR  MEDICAL  VARIANCE  DOCUMENTATION
 REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
 PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS; (II)  THE
 HOLDER'S  FAILURE  TO SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL VARI
 ANCE DOCUMENTATION WHEN REQUIRED TO DO SO BY THE COMMISSIONER; OR  (III)
 THE  RECEIPT BY THE COMMISSIONER OF INFORMATION FROM THE ISSUING MEDICAL
 
       S. 6258--C                          9
 EXAMINER OR THE FEDERAL  MOTOR  CARRIER  SAFETY  ADMINISTRATION  THAT  A
 MEDICAL CERTIFICATION OR MEDICAL VARIANCE WAS ISSUED IN ERROR.
 

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

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

 

S  510-AA.  DOWNGRADE  OF  COMMERCIAL  DRIVER'S LICENSES. A COMMERCIAL
 DRIVER'S LICENSE  SHALL  BE  DOWNGRADED  TO  A  NON-COMMERCIAL  DRIVER'S
 LICENSE  BY THE COMMISSIONER UPON THE EXPIRATION OF THE HOLDER'S MEDICAL
 CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION REQUIRED BY THE  FEDERAL
 MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE
 49  OF  THE CODE OF FEDERAL REGULATIONS, OR UPON THE HOLDER'S FAILURE TO
 SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION WHEN
 REQUIRED TO DO SO BY THE COMMISSIONER.  A  COMMERCIAL  DRIVER'S  LICENSE
 SHALL  ALSO  BE  DOWNGRADED  TO A NON-COMMERCIAL DRIVER'S LICENSE BY THE
 COMMISSIONER UPON RECEIPT OF INFORMATION FROM THE ISSUING MEDICAL  EXAM
 INER  OR  THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION THAT A MEDICAL
 CERTIFICATION OR MEDICAL VARIANCE WAS ISSUED IN  ERROR.  SUCH  DOWNGRADE
 SHALL BE TERMINATED, AND THE COMMERCIAL DRIVER'S LICENSE RESTORED, UPON:

 (1)  THE  HOLDER'S  SUBMISSION  OF THE REQUIRED VALID MEDICAL EXAMINER'S
 CERTIFICATE OR MEDICAL  VARIANCE  DOCUMENTATION;  OR  (2)  THE  HOLDER'S
 SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR VEHICLE OPER
 ATION HE OR SHE ENGAGES, OR EXPECTS TO ENGAGE IN, AND THAT THE HOLDER IS
 THEREFORE  NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE
 FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART  383.71(H)
 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
 

S 5.

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

 7-A.  NO  PERSON  SHALL  OPERATE  A  COMMERCIAL  MOTOR  VEHICLE UNLESS
 MEDICALLY CERTIFIED IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER  SAFETY
 IMPROVEMENT  ACT  OF  1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF
 FEDERAL REGULATIONS.
 

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

Section 1.

Section 205 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 3-a to read as follows:

 3-A. IN ADDITION TO THE FEES RETAINED PURSUANT TO SUBDIVISION THREE OF
 THIS  SECTION, EACH COUNTY CLERK ACTING AS THE AGENT OF THE COMMISSIONER
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL RETAIN FOUR PERCENT OF
 "ENHANCED INTERNET AND ELECTRONIC  PARTNER  REVENUE"  COLLECTED  BY  THE
 COMMISSIONER.  FOR  THE PURPOSES OF THIS SUBDIVISION, "ENHANCED INTERNET
 AND ELECTRONIC PARTNER REVENUE" SHALL MEAN THE AMOUNT OF GROSS  RECEIPTS
 ATTRIBUTABLE  TO ALL TRANSACTIONS CONDUCTED ON THE INTERNET BY RESIDENTS
 OF SUCH COUNTY AND BY DESIGNATED PARTNERS OF THE DEPARTMENT ON BEHALF OF
 SUCH RESIDENTS FOR THE CURRENT CALENDAR YEAR THAT EXCEEDS THE AMOUNT  OF
 SUCH  REVENUE  COLLECTED  BY  THE  COMMISSIONER DURING CALENDAR YEAR TWO
 THOUSAND ELEVEN.   THE COMMISSIONER SHALL  CERTIFY  THE  AMOUNTS  TO  BE
 RETAINED  BY  EACH  COUNTY CLERK PURSUANT TO THIS SUBDIVISION. PROVIDED,
 
       S. 6258--C                         10
 HOWEVER, THAT IF THE AGGREGATE AMOUNT OF FEES RETAINED BY COUNTY  CLERKS
 PURSUANT  TO  THIS SUBDIVISION IN CALENDAR YEARS TWO THOUSAND TWELVE AND
 TWO THOUSAND THIRTEEN COMBINED EXCEEDS EIGHTY-EIGHT MILLION FIVE HUNDRED
 THOUSAND  DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER
 SHALL BE REDUCED TO A PERCENTAGE THAT, IF APPLIED TO THE FEES  COLLECTED
 DURING  CALENDAR  YEARS  TWO  THOUSAND  TWELVE AND TWO THOUSAND THIRTEEN
 COMBINED, WOULD HAVE RESULTED IN AN AGGREGATE RETENTION OF  EIGHTY-EIGHT
 MILLION  FIVE HUNDRED THOUSAND DOLLARS OR 2.5 PERCENT OF ENHANCED INTER
 NET AND ELECTRONIC PARTNER REVENUE, WHICHEVER IS HIGHER. IF  THE  AGGRE
 GATE  AMOUNT OF FEES RETAINED BY COUNTY CLERKS PURSUANT TO THIS SUBDIVI
 SION IN CALENDAR YEARS TWO THOUSAND TWELVE  AND  TWO  THOUSAND  THIRTEEN
 COMBINED  IS  LESS  THAN  EIGHTY-EIGHT  MILLION  FIVE  HUNDRED  THOUSAND
 DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER SHALL  BE
 INCREASED  TO A PERCENTAGE THAT, IF APPLIED TO THE FEES COLLECTED DURING
 CALENDAR YEARS TWO THOUSAND TWELVE AND TWO THOUSAND  THIRTEEN  COMBINED,
 WOULD  HAVE  RESULTED  IN AN AGGREGATE RETENTION OF EIGHTY-EIGHT MILLION
 FIVE HUNDRED THOUSAND DOLLARS, OR SIX PERCENT OF ENHANCED  INTERNET  AND
 ELECTRONIC PARTNER REVENUE, WHICHEVER IS LESS. ON AND AFTER APRIL FIRST,
 TWO  THOUSAND  SIXTEEN,  THE PERCENT OF ENHANCED INTERNET AND ELECTRONIC
 PARTNER REVENUE TO BE RETAINED BY COUNTY CLERKS SHALL BE THE AVERAGE  OF
 THE  ANNUAL  PERCENTAGES  THAT  WERE  IN EFFECT BETWEEN APRIL FIRST, TWO
 THOUSAND TWELVE AND MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
 

S 2. This act shall take effect April 1, 2012.
 PART G
 

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

 1. Every [common and contract] FOR HIRE AND PRIVATE carrier of passen
 ger  by  motor  vehicle  INVOLVED IN INTERSTATE, INTRASTATE, OR INTERNA
 TIONAL COMMERCE DOMICILED IN NEW YORK shall  furnish  and  provide  with
 respect  thereto  such  service  and  facilities  as  shall  be safe and
 adequate. Any such carrier shall give immediate notice  to  the  commis
 sioner  of  every accident to which it shall, in the course of its oper
 ations, have been a party.
 

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

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

S  3. Paragraphs b and c of subdivision 2 of section 140 of the trans
 portation law, paragraph b as amended by chapter 173 of the laws of 1990
 and paragraph c as amended by chapter 602  of  the  laws  of  1985,  are
 amended to read as follows:

 b.  [In addition to those vehicles operated pursuant to or requiring a
 certificate or a permit for the  transportation  of  property  from  the
 interstate  commerce  commission  or  the  commissioner  as set forth in
 subparagraph (ii) of paragraph a of this subdivision,  the  commissioner
 shall have the power to adopt rules and regulations governing the safety
 of  operation of other motor vehicles operated for the commercial trans-
 portation of property.
 c.] The department shall have the power to examine  vehicles,  facili
 ties  and  records subject to the provisions of this subdivision, at any
 
       S. 6258--C                         11
 time and place where they are found, to ascertain whether such rules and
 regulations are being obeyed. The rules and regulations of  the  commis
 sioner shall provide for the inspection of all such vehicles, FACILITIES
 AND RECORDS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, at such peri
 ods  and  at  such  manner  as  the  commissioner  may direct, and, when
 adopted, shall have the full force and effect of law.
 

S 3-a. Paragraph d of subdivision 2 of section 140 of the  transporta
 tion  law  is  relettered paragraph c and subparagraph (i) of such para
 graph, as added by chapter 173 of the laws of 1990, is amended  to  read
 as follows:

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

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

 4.  Each  motor  vehicle  engaged  in  the interstate OR INTERNATIONAL
 transportation of passengers operated within the state shall be  subject
 to  subdivision  three  of this section as to the display of the name of
 the operator thereof, and of such certificate of inspection  as  to  the
 safety  of  its  appliances,  equipment and mechanical operation, as the
 commissioner may, by rules and regulations require. In respect  to  such
 motor  vehicle,  the  commissioner  may, in lieu of a certificate of the
 commissioner, authorize the  display  of  a  certificate  of  inspection
 issued within a period of [six] TWELVE months last preceding, by a regu
 latory  body  of  another  state, or a province of Canada, having safety
 standards determined by the commissioner not to be  substantially  lower
 than  those prescribed by the commissioner. The rules and regulations to
 be adopted under  this  subdivision  shall  insofar  as  practicable  be
 uniform  and  the  provisions  of  the vehicle and traffic law so far as
 applicable and not in conflict with the provisions of this  subdivision,
 shall continue to apply to all such motor vehicles.
 5.  No  motor  vehicle  with  a  seating  capacity of more than eleven
 passengers manufactured after December  thirty-first,  nineteen  hundred
 seventy-five,  used  in the business of transporting school children for
 hire or used for the transportation of  school  children,  owned  and/or
 operated by school districts or by any public or private school shall be
 operated  within  the  state,  unless each seat, other than the driver's
 seat, on such vehicle is equipped with a padded back  at  least  twenty
 eight  inches  in  height  of  a  type and specification approved by the
 commissioner. Any person who operates a motor vehicle  in  violation  of
 the  requirement  for  such  seat  backs shall be guilty of a violation,
 punishable by a fine not exceeding one hundred dollars.  The  provisions
 of  this subdivision shall not apply to any bus used for the transporta
 tion of pupils, teachers and  other  persons  acting  in  a  supervisory
 capacity to and from school activities and which bus does not receive or
 discharge passengers on or along the public highways on regularly sched
 uled routes and which is being operated pursuant to [a permit or certif-
 icate  of public convenience and necessity] FOR-HIRE OPERATING AUTHORITY
 issued by the commissioner or by the  [interstate  commerce  commission]
 
       S. 6258--C                         12
 UNITED STATES DEPARTMENT OF TRANSPORTATION. School buses manufactured or
 assembled  prior  to April first, nineteen hundred seventy-seven may not
 be used to transport pupils, teachers and  other  persons  acting  in  a
 supervisory capacity to and from school activities.
 

S  5.  The closing paragraph of section 151 of the transportation law,
 as added by chapter 635 of the laws of  1983,  is  amended  to  read  as
 follows:

 For the purposes of this article, the term "sedan" or "sedans" as used
 herein  shall  include  private  passenger  automobiles  [larger  than a
 conventional sedan and commonly known as a  limousine],  but  shall  not
 include  [vans  or  buses]  VEHICLES  WITH  A SEATING CAPACITY OF ELEVEN
 PERSONS OR MORE INCLUDING THE DRIVER.
 

S 6.

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

 

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

S 7. 

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

 

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

S 8.

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

 

S 212. Records. [a.] Every driver of a motor truck or motor bus  shall
 keep  and carry on the vehicle records showing the day and hour when and
 the place where he went and was released  from  duty,  whether  in  this
 state  or  outside  of  this state. The commissioner shall prescribe the
 form of such records and may require such other information to be  shown
 thereon  as  he shall deem advisable to insure the proper enforcement of
 this article. Such records shall be exhibited to the  commissioner,  his
 representatives, or to any peace officer, acting pursuant to his special
 
       S. 6258--C                         13
 duties  or  police officer who shall demand to see the same and shall be
 held available for further inspection for a period of sixty days  within
 the  state  of New York in an office designated by the owner. Failure to
 produce  such  records  upon  demand  shall be presumptive evidence of a
 violation of this article relating to keeping such records. In any pros
 ecution for the violation of any of the provisions of this article  such
 records shall be prima facie evidence of the truth of the contents ther
 eof.
 [b.  The  provisions of this article with reference to the carrying of
 records on the vehicle shall not apply to the operation of a  motor  bus
 or  motor  buses operated on fixed schedules, but this shall not relieve
 any corporation, company, association, joint-stock association, partner-
 ship or person engaged in the operation of a motor bus or motor buses on
 fixed schedules from the necessity of keeping such  records  and  having
 them available in an office within the state of New York.]
 

S 9.

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

 

S 214. Exemptions.  [a. The provisions of this article shall not apply
 in case of accident or act of God, nor when there  is  delay  which  was
 caused  by  the elements, or a cause not known to the driver or owner or
 to his or its officers in charge of such operations  at  the  time  that
 such  driver  left  the  place  where he last went on duty prior to such
 delays.
 b. The requirement in this article that every driver of a motor  truck
 or motor bus shall keep and carry on the vehicle records showing the day
 and  hour  when,  and the place where he went or was released from duty,
 shall not apply to any driver who drives wholly within a radius  of  one
 hundred  miles  of  the garage or terminal at which he reports for work,
 provided, however, that such records shall  be  kept  at  his  place  of
 employment.
 c.] The provisions of this article shall not apply to the operation of
 a  motor  truck  or motor bus while being operated exclusively in a city
 and/or incorporated village, nor to the operation of a  motor  truck  IN
 INTRASTATE  COMMERCE  owned  by  a  farmer and operated by himself or an
 employee when used in the  hauling  of  farm,  dairy,  or  horticultural
 products  and farm supplies for himself or his farm neighbors to market,
 creamery, or place of storage, nor to  the  operation  of  wrecking  and
 towing  cars[,  nor  to  the  operation of federal military vehicles, by
 members of the army or air national guard, or by federally paid  employ-
 ees  of  the army or air national guard] WHEN RESPONDING TO AN EMERGENCY
 AT THE REQUEST OF A FEDERAL, STATE, OR  LOCAL  POLICE  OFFICER  TO  MOVE
 WRECKED OR DISABLED MOTOR VEHICLES.
 [d.] The provisions of this article shall not apply nor shall hours of
 service  accrue to [incidental drivers engaged in the actual restoration
 or preservation of electric, water,  telephone,  gas  or  steam  service
 during  an emergency. For a corporation providing electric, water, tele-
 phone, gas or steam service to avail itself of the exemption provided by
 this subdivision such electric, water, telephone, gas  or  steam  corpo-
 ration  shall  have  filed  with the department a plan setting forth the
 procedures such corporation shall follow in emergencies to  assure  that
 no  incidental  driver shall drive if such driver has not had sufficient
 rest necessary to maintain his or  her  ability  to  safely  drive.  The
 exemption  provided by this subdivision shall not apply to an incidental
 driver unless such incidental driver is engaged in the  actual  restora-
 
       S. 6258--C                         14
 tion or preservation of electric, water, telephone, gas or steam service
 during an emergency or such incidental driver shall have had a period of
 rest consisting of at least eight consecutive hours off duty immediately
 upon the conclusion of such incidental driver's engagement in the actual
 restoration  or preservation of electric, water, telephone, gas or steam
 service during the emergency. If an  emergency  extends  for  more  than
 twenty-four  hours,  the electric, water, telephone, gas or steam corpo-
 ration availing itself of the terms of this subdivision shall notify the
 department, in writing, that an emergency exists and the expected  dura-
 tion of the emergency. For the purposes of this subdivision, the follow-
 ing terms shall have the following meanings:
 (1)  "Emergency"  is hereby declared to be any unplanned power outage,
 interruption of service or the imminent risk of such  outage  or  inter-
 ruption  of  service to electric, water, telephone, gas or steam service
 or to transmission or distribution lines, pipes or other related facili-
 ties or any circumstance under which the public safety is at risk;
 (2) "Incidental driver" means an employee, contractor or  contractor's
 employee  of  an  electric,  water,  telephone, gas or steam corporation
 whose primary employment by, or contractual agreement with, such  corpo-
 ration  is  not as a driver of a motor vehicle but who drives only as an
 incidental part of his or her employment or contractual agreement; and
 (3) "Interruption of service" shall mean a loss of service for a peri-
 od of time defined in regulation by the department of public service for
 electric service (as set forth in paragraph (a) of section 97.1 of title
 sixteen of the official compilation of codes, rules and  regulations  of
 the state of New York) and shall, for purposes of this section, apply to
 electric, water, telephone, natural gas and steam service] A DRIVER OF A
 UTILITY  SERVICE  VEHICLE. FOR PURPOSES OF THIS ARTICLE, UTILITY SERVICE
 VEHICLE MEANS ANY MOTOR TRUCK:

 (A) USED IN THE FURTHERANCE OF REPAIRING,  MAINTAINING,  OR  OPERATING
 ANY STRUCTURES OR ANY OTHER PHYSICAL FACILITIES NECESSARY FOR THE DELIV
 ERY  OF  PUBLIC  UTILITY SERVICES, INCLUDING THE FURNISHING OF ELECTRIC,
 GAS OR STEAM SERVICE, WATER, SANITARY SEWER, TELEPHONE,  AND  TELEVISION
 CABLE OR COMMUNITY ANTENNA SERVICE;
 (B)  WHILE ENGAGED IN ANY ACTIVITY NECESSARILY RELATED TO THE ULTIMATE
 DELIVERY OF SUCH PUBLIC UTILITY SERVICES TO CONSUMERS, INCLUDING  TRAVEL
 OR  MOVEMENT  TO, FROM, UPON, OR BETWEEN ACTIVITY SITES (INCLUDING OCCA
 SIONAL TRAVEL OR MOVEMENT OUTSIDE THE SERVICE AREA NECESSITATED  BY  ANY
 UTILITY EMERGENCY AS DETERMINED BY THE UTILITY PROVIDER); AND
 (C) EXCEPT FOR ANY OCCASIONAL EMERGENCY USE, OPERATED PRIMARILY WITHIN
 THE SERVICE AREA OF A UTILITY'S SUBSCRIBERS OR CONSUMERS, WITHOUT REGARD
 TO WHETHER THE VEHICLE IS OWNED, LEASED, OR RENTED BY THE UTILITY.
 

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

 (a) Have the power to make rules and regulations governing transporta
 tion of hazardous materials, which shall mean a substance or material in
 a quantity and form which may pose an unreasonable risk  to  health  and
 safety or property when transported in commerce, by all modes AS DEFINED
 BY  THE  RULES  AND REGULATIONS OF THE DEPARTMENT. [For purposes of this
 section, the term "hazardous materials" shall include the following:
 
       S. 6258--C                         15
 (1) "Irritating material" which shall mean a liquid or solid substance
 which upon contact with fire or when exposed to air gives off  dangerous
 or  intensely  irritating fumes such as benzylcyande, chloracetophenone,
 diphenylaminechlorarsine, and diphenyl chlorarsine,  but  not  including
 any poisonous material, Class A;
 (2)  "Poison  A"  which shall mean those poisonous gases or liquids of
 such nature that a small amount of the  gas,  liquid  or  vapor  of  the
 liquid,  when  in  contact  with  air is dangerous to life.   This class
 includes  the  following:  bromacetone,  cyanogen,   cyanogen   chloride
 containing  less than 0.9 percent water, diphosgene, ethyldichlorarsine,
 hydrocyanic acid, methyldichlorarsine,  nitrogen  peroxide  (tetroxide),
 phosgene  (diphosgene),  nitrogen  tetroxide  -  nitric  oxide  mixtures
 containing up to 33.2 percent weight nitric oxide;
 (3) "Poison B" which shall mean  those  substances,  liquid  or  solid
 (including  pastes and semi-solids), other than Class A poisons or irri-
 tating materials, which are known to be so toxic as to be  a  hazard  to
 health;
 (4) "Corrosive materials" which shall mean those acids, alkaline caus-
 tic  liquids and other corrosive liquids or solids which when in contact
 with living tissue, will cause severe damage of such tissue by  chemical
 action;  or  in  the  case of leakage, will materially damage or destroy
 other freight by chemical action; or are liable to cause  fire  when  in
 contact with organic matter or with certain chemicals that cause visible
 destruction  or irreversible alteration in human skin tissue at the site
 of contact;
 (5) "Oxidizing materials" which shall mean those substances such as  a
 chlorate, permanganate, peroxide, or a nitrate, that yields oxygen read-
 ily to stimulate the combustion of organic matter;
 (6) "Flammable solids" which shall mean any solid material, other than
 one  designated  an explosive, as further defined in this section, which
 under conditions incident to transportation, cause fires  through  fric-
 tion,  through  absorption  of  moisture,  through  spontaneous chemical
 changes, or as a result of retained heat from the manufacturing or proc-
 essing.   Included in  this  class  are  spontaneously  combustible  and
 water-reactive materials;
 (7) "Flammable liquids" which shall mean any liquid, except any liquid
 meeting the definition of subparagraph nine, ten or eleven of this para-
 graph,  which  gives  off  flammable  vapors  below a temperature of one
 hundred degrees Fahrenheit;
 (8) "Radioactive materials" which shall mean irradiated nuclear  reac-
 tor  fuel  and  the  waste by-products of reprocessed irradiated nuclear
 reactor fuel and any other material or  combination  of  materials  that
 spontaneously  emits ionizing radiation which the commissioner of trans-
 portation determines by  regulation  to  present  significant  potential
 threat to public health and safety;
 (9)  "Liquefied  compressed  gas"  which  shall  mean  a gas liquefied
 through compression and under charged pressure is partially liquid at  a
 temperature of seventy degrees Fahrenheit;
 (9)  "Regulated  medical  waste" which shall be defined as provided in
 subdivision one of section 27-1501  of  the  environmental  conservation
 law.
 (10)  "Cryogenic liquid" which shall mean a refrigerated liquefied gas
 having a boiling point colder than  minus  one  hundred  thirty  degrees
 Fahrenheit (minus ninety degrees centigrade) at one atmosphere absolute;
 (11)  "Flammable  compressed  gas"  which  shall  mean any material or
 mixture having in the container an  absolute  pressure  exceeding  forty
 
       S. 6258--C                         16
 p.s.i.  at seventy degrees Fahrenheit, or, regardless of the pressure at
 seventy degrees Fahrenheit, having an absolute  pressure  exceeding  one
 hundred  four  p.s.i.  at  one hundred thirty degrees Fahrenheit, or any
 liquid flammable material having a vapor pressure exceeding forty p.s.i.
 absolute  at  one  hundred degrees Fahrenheit as determined by ASTM test
 D-323, if any one of the following occurs:
 (i) either a mixture of thirteen percent or less, (by volume) with air
 forms a flammable mixture or the flammable range with air is wider  than
 twelve  percent  regardless  of  the  lower limit. These limits shall be
 determined at atmospheric temperature and pressure;
 (ii) using the bureau of explosives, association of American railroads
 flame projection apparatus, the flame projects more than eighteen inches
 beyond the ignition source with valve open fully, or, the flame  flashes
 back and burns at the valve with any degree of valve opening;
 (iii)  using  the  bureau of explosives, association of American rail-
 roads open drum apparatus, there is any significant propagation of flame
 away from the ignition source;
 (iv) using the bureau of explosives, association of American railroads
 close drum apparatus, there is any explosion of the vapor-air mixture in
 the drum; and
 (12) Other identical or similar substances which shall  from  time  to
 time  be  identified  by the commissioner of transportation by rules and
 regulations promulgated pursuant to  this  section  as  being  hazardous
 materials,  provided,  however, that this section shall not apply to the
 regular military or naval forces of the United States; nor to  the  duly
 authorized  militia of any state or territory thereof; nor to the police
 or fire departments of this state, or of its  counties,  cities,  towns,
 villages,  agencies  or instrumentalities, providing the same are acting
 within their official capacity and in the performance of their duties.
 Such rules and regulations shall be no less protective of public safe-
 ty than the rules and regulations promulgated by the federal  government
 with  respect  to  the  transportation of hazardous materials. The regu-
 lations shall set forth the criteria for identifying and listing, and  a
 list of hazardous materials subject to this section as may be amended by
 the  commissioner  of  transportation  from  time  to  time  in a manner
 consistent with the state administrative procedure  act  and  consistent
 with  this  section.  Such  regulations shall include specifications for
 marking and placarding of vehicles transporting hazardous  materials  as
 will  be  applied pursuant to paragraph (a) of subdivision three of this
 section. The regulations promulgated hereunder shall include notice that
 a violation of the rules and regulations is subject to a fine or a peri-
 od of imprisonment, and the rules and regulations shall  set  forth  the
 penalty  provisions  contained  in  subdivision  four  of  this section.
 Provided, however, that all local laws or ordinances,  except  those  of
 cities having a population of one million or more, regulating the trans-
 portation of flammable liquids in trucks, trailers or semi-trailers, are
 hereby  superseded  and without force and hereafter no such local law or
 ordinance shall be adopted to regulate or control the equipment or means
 of transporting flammable liquids in trucks, trailers or semi-trailers.
 For the purposes of this section, a "vehicle" shall mean every  device
 in which property may be transported upon a highway, stationary rails or
 tracks, or on the navigable waterways of the state.]
 

S  11.  Subdivision  3  of  section 14-g of the transportation law, as
 amended by chapter 921 of the laws  of  1983,  is  amended  to  read  as
 follows:

 
       S. 6258--C                         17
 3. For the purposes of this section, the term "intercity bus passenger
 service"  shall  mean transportation provided to the public on a regular
 and continuing basis by a person, firm,  or  corporation  authorized  to
 transport  passengers in interstate commerce by the [interstate commerce
 commission]  UNITED STATES DEPARTMENT OF TRANSPORTATION or in intrastate
 commerce by the state department of  transportation  that  is  primarily
 intended  to  satisfy  longer distance travel demand between cities, and
 villages and unincorporated urban places that have a population  of  two
 thousand  five hundred or more. Such term does not include services that
 are primarily local or commuter oriented in nature.
 

S 12. Subdivisions 1-a, 1-b and 2 of section 18 of the  transportation
 law,  as amended by chapter 199 of the laws of 1987, are amended to read
 as follows:

 1-a. The department of transportation is hereby designated  the  offi
 cial  state agency to receive all notifications from the [federal inter-
 state commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or
 any other federal or state agency in regard to discontinuance of service
 or railroad property abandonment proceedings, including notification  of
 applications from railroad companies for any such purposes.
 1-b. The department of transportation shall promptly inform in writing
 all  interested  state  agencies,  transportation authorities, and every
 county, city, town and village in which such property is located and the
 appropriate entity designated by the governor pursuant to  title  IV  of
 the  federal  intergovernmental  cooperation  act  of  nineteen  hundred
 sixty-eight and the federal office of  management  and  budget  circular
 A-98 of (a) the issuance of any certificate from the [federal interstate
 commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or other
 federal  or  state agency authorizing discontinuance of railroad service
 or abandonment of railroad  transportation  property,  (b)  approval  of
 discontinuance  of service or a determination of abandonment of railroad
 transportation property pursuant to this section, and (c) the receipt of
 an application to release a preferential acquisition right  to  railroad
 transportation property pursuant to this section.
 2.  For  the  purposes of this section, property shall be deemed to be
 abandoned for railroad transportation purposes (a) when, where  required
 by law, a certificate of abandonment of the railroad line situate there
 on has been issued by the [interstate commerce commission] UNITED STATES
 DEPARTMENT  OF  TRANSPORTATION  and/or any other federal or state agency
 having jurisdiction thereof; or (b) when such a certificate of  abandon
 ment is not so required and the use of such property for railroad trans
 portation  purposes has been discontinued with the intent not to resume.
 Intent not to resume may be inferred from circumstances. Non-use of  the
 property  for railroad transportation purposes for two consecutive years
 shall create a presumption of abandonment.   When use of  such  property
 for  railroad  transportation  purposes  has  been discontinued and upon
 request of the property owner or his own motion, the commissioner  shall
 undertake  an investigation thereof, which may include consultation with
 the [interstate commerce commission] UNITED STATES DEPARTMENT OF  TRANS
 PORTATION, and shall render a determination as to whether or not (a) the
 property  owner  has  definite  plans  for  the use of such property for
 purposes ordinarily associated with the safe and normal operation  of  a
 railroad  or  associated  transportation  purposes;  (b)  such  property
 continues to be suitable for such railroad transportation purposes;  and
 (c)  such  property is necessary, either presently or in the future, for
 such railroad transportation purposes.  Such property shall be deemed to
 be abandoned for railroad transportation purposes  if  the  commissioner
 
       S. 6258--C                         18
 shall  determine  that  (a) the property owner has no definite plans for
 the use of such property for purposes  ordinarily  associated  with  the
 safe  and  normal  operation  of a railroad or associated transportation
 purposes;  or  (b) such property is no longer suitable for such railroad
 transportation purposes; and (c) such property is not necessary,  either
 presently  or  in the future, for such railroad transportation purposes.
 The commissioner shall render  such  determination  within  ninety  days
 after  the  commencement  of  such  investigation and such determination
 shall be conclusive except that if the property is determined not to  be
 so  abandoned such determination shall not preclude the undertaking of a
 subsequent investigation concerning the same property.  Sales  of  aban
 doned  railroad  transportation  property  for continued or resumed rail
 transportation use may be exempted at the commissioner's discretion from
 the preferential right of acquisition. This section shall not  apply  to
 the  subsequent  resale  of  property  lawfully  acquired subject to the
 provisions of this section as then applicable, except  when  the  subse
 quent  sale  involves  property previously exempted from this section by
 the commissioner.
 

S 13.

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

 

S 98. Tariff schedules; publication. Every common carrier  shall  file
 with the commissioner and shall print and keep open to public inspection
 schedules showing the rates, fares and charges for the transportation of
 passengers  and  property  within  the state between each point upon its
 route and all other points thereon; and  between  each  point  upon  its
 route  and all points upon every route leased, operated or controlled by
 it; and between each point on its route or upon any route leased,  oper
 ated  or  controlled  by  it  and all points upon the route of any other
 common carrier, whenever a through route and joint rate shall have  been
 established  or  ordered  between  any two such points. If no joint rate
 over a through route has been established, the several carriers in  such
 through  route  shall file, print and keep open to public inspection, as
 aforesaid, the separately established rates, fares and  charges  applied
 to  the through transportation. The schedules printed as aforesaid shall
 plainly state the places between which property and passengers  will  be
 carried,  and  shall  also  contain  the classification of passengers or
 property in force, and shall also state separately all terminal charges,
 storage charges, icing charges, and all other charges which the  commis
 sioner may require to be stated, all privileges or facilities granted or
 allowed,  and  any  rules  or  regulations  which may in anywise change,
 affect or determine any part, or the aggregate of, such aforesaid rates,
 fares and charges, or the value of the service rendered to  the  passen
 ger,  shipper  or  consignee. Such schedules shall be plainly printed in
 large type, and a copy thereof shall be kept by every such carrier read
 ily accessible to and for convenient inspection by the public  in  every
 station  or  office  of  such  carrier  where passengers or property are
 respectively received for transportation, when such station or office is
 in charge of an agent, and in every station or office  of  such  carrier
 where  passenger tickets for transportation or tickets covering sleeping
 or parlor car or other train accommodation are sold or bills  of  lading
 or  receipts  for property are issued. All or any of such schedules kept
 as  aforesaid  shall  be  immediately  produced  by  such  carrier   for
 inspection  upon the demand of any person. A notice printed in bold type
 and stating that such schedules are on file with the agent and  open  to
 inspection  by any person and that the agent will assist any such person
 to determine from such schedules any transportation rates  or  fares  or
 
       S. 6258--C                         19
 rules  or  regulations  which  are  in force shall be kept posted by the
 carrier in two public and conspicuous places in every  such  station  or
 office.  The  form  of  every  such  schedule shall be prescribed by the
 commissioner and shall conform in the case of railroad company as nearly
 as  may  be to the form of schedule required by the [interstate commerce
 commission] UNITED STATES DEPARTMENT OF TRANSPORTATION under the act  of
 congress  entitled  "An  act  to  regulate  commerce," approved February
 fourth, eighteen hundred and eighty-seven and the acts amendatory there
 of and supplementary thereto. The commissioner shall  have  power,  from
 time  to  time,  in  his discretion, to determine and prescribe by order
 such changes in the form of such schedules as may  be  found  expedient,
 and to modify the requirements of this section in respect to publishing,
 posting  and  filing  of  schedules either in particular instances or by
 general order applicable to special or peculiar circumstances or  condi
 tions.
 

S  14. 

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

 

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

S  15. 

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

 

S 134. Duties of commissioner as to interstate  traffic.  The  commis
 sioner  may  investigate interstate freight or passenger rates or inter
 
       S. 6258--C                         20
 state freight or passenger service on railroads within  the  state,  and
 when  such  rates  are, in the opinion of the commissioner, excessive or
 discriminatory or are levied or laid in violation of the act of congress
 entitled  "An act to regulate commerce," approved February fourth, eigh
 teen hundred and eighty-seven,  and  the  acts  amendatory  thereof  and
 supplementary  thereto, or in conflict with the rulings, orders or regu
 lations of the [interstate commerce commission] UNITED STATES DEPARTMENT
 OF TRANSPORTATION, the commissioner may apply by petition to the [inter-
 state commerce commission] UNITED STATES  DEPARTMENT  OF  TRANSPORTATION
 for relief or may present to the [interstate commerce commission] UNITED
 STATES  DEPARTMENT  OF TRANSPORTATION all facts coming to his knowledge,
 as to violations of the rulings, orders, or regulations of that  commis
 sion  or  as  to violations of the said act to regulate commerce or acts
 amendatory thereof or supplementary thereto.
 

S 16. The opening paragraph of section 432 of the transportation  law,
 as  amended by chapter 385 of the laws of 1994 and as further amended by
 section 1 of part W of chapter 56 of the laws of  2010,  is  amended  to
 read as follows:

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

S  17.  The  opening paragraph of subdivision 1 of section 1690 of the
 vehicle and traffic law, as amended by chapter 420 of the laws of  2001,
 is amended to read as follows:

 Notwithstanding any other provision of law, where the trial of a traf
 fic  or  parking infraction is authorized or required to be tried before
 the Nassau county district court, and such traffic and  parking  infrac
 tion does not constitute a misdemeanor, felony, violation of subdivision
 one  of  section  eleven hundred ninety-two, subdivision five of section
 eleven hundred ninety-two,  section  three  hundred  ninety-seven-a,  or
 subdivision  (g)  of section eleven hundred eighty of this chapter, or a
 violation of paragraph (b) of subdivision four of section fourteen-f  or
 clause  (b)  of subparagraph (iii) of paragraph [d] C of subdivision two
 of section one hundred forty of the transportation law, or  any  offense
 that  is  part of the same criminal transaction, as that term is defined
 in subdivision two of section 40.10 of the criminal  procedure  law,  as
 such  a  misdemeanor,  felony,  violation  of subdivision one of section
 eleven hundred ninety-two, subdivision two  of  section  eleven  hundred
 ninety-two,  section  three hundred ninety-seven-a or subdivision (g) of
 section eleven hundred eighty of this chapter, or a violation  of  para
 graph  (b)  of  subdivision  four of section fourteen-f or clause (b) of
 subparagraph (iii) of paragraph d of  subdivision  two  of  section  one
 hundred forty of the transportation law, the administrative judge of the
 
       S. 6258--C                         21
 county  in which the trial court is located, may assign judicial hearing
 officers to conduct such a trial. Such judicial hearing  officers  shall
 be  village  court justices or retired judges either of which shall have
 at  least two years of experience conducting trials of traffic and park
 ing violations cases and shall be  admitted  to  practice  law  in  this
 state. Where such assignment is made, the judicial hearing officer shall
 entertain the case in the same manner as a court and shall:

 

S  18.  Subdivision  2 of section 371 of the general municipal law, as
 amended by chapter 19 of the  laws  of  2009,  is  amended  to  read  as
 follows:

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

S 19. Subdivision 1 of section 27-1321 of the environmental  conserva
 tion  law,  as  added  by chapter 915 of the laws of 1983, is amended to
 read as follows:

 1. Notwithstanding any other provision of law  to  the  contrary,  any
 person  who  is,  by professional training or experience and attainment,
 qualified to analyze and interpret matters pertaining to the  treatment,
 storage,  disposal,  or  transport  of  hazardous materials or hazardous
 wastes, and who voluntarily and without expectation of monetary  compen
 sation  provides  assistance  or  advice in mitigating the effects of an
 accidental or threatened discharge of any hazardous materials or hazard
 ous wastes, or in preventing, cleaning up,  or  disposing  of  any  such
 discharge,  shall  not be subject to a penalty or to civil liability for
 damages or injuries alleged to have been  sustained  by  any  person  or
 entity  by reason of an act or omission in the giving of such assistance
 or advice. For the purposes of this section, the term "hazardous materi
 als" shall have the same meaning [given] AS that  term  [in  subdivision
 
       S. 6258--C                         22
 one  of]  IS  DEFINED  IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
 TRANSPORTATION PURSUANT TO section fourteen-f of the transportation law,
 and the term "hazardous wastes" shall mean those  wastes  identified  or
 listed  pursuant  to  section  27-0903 of this article and any rules and
 regulations promulgated thereunder.
 

S 20. Subdivision 1 of section 156-a of the executive law, as  amended
 by  section  1 of part D of chapter 1 of the laws of 2004, is amended to
 read as follows:

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

S 21. This act shall take effect immediately; provided,  however  that
 the  amendments to subdivision 2 of section 371 of the general municipal
 law, made by section eighteen of this act shall not affect  the  expira
 tion of such section and shall be deemed to expire therewith.
 PART H
 

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

 1.  The  department may issue to any person a license revocable at its
 pleasure to collect or possess fish, wildlife, shellfish, crustacea,  OR
 aquatic  insects,  birds' nests or eggs for propagation, banding, scien
 tific or exhibition purposes.  The  department  in  its  discretion  may
 require  an  applicant  to  pay a license fee of ten dollars, [to submit
 written testimonials from two well-known persons] and to file a bond  of
 two hundred dollars to be approved by the department that he OR SHE will
 not  violate  any  provisions  of this article. Each licensee shall file
 with the department [on or before February 1] a  report  [of  his  oper-
 ations  during  the preceding calendar year] CONTAINING SUCH INFORMATION
 AS THE DEPARTMENT MAY REQUIRE. Such license shall  be  [effective  until
 revoked] IN FORCE FOR ONE YEAR ONLY AND SHALL NOT BE TRANSFERABLE.
 2.  The  department may also issue a license revocable at its pleasure
 to possess and sell protected fish, wildlife,  shellfish,  crustacea  or
 aquatic insects for propagation, scientific or exhibition purposes.  The
 department  in  its discretion may require a license fee of ten dollars.
 Such license shall be in force for one year only and shall not be trans
 ferable. Each licensee shall [make] FILE WITH THE  DEPARTMENT  a  report
 [of  his  or her operations at the expiration of the license] CONTAINING
 SUCH INFORMATION AS THE DEPARTMENT MAY REQUIRE. Fish, wildlife,  shellf
 
       S. 6258--C                         23
 ish,  crustacea or aquatic insects lawfully possessed under this section
 may be sold at any time by the licensee for propagation,  scientific  or
 exhibition purposes only.
 

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

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

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

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

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

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

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

 3. Wild game shall not be taken by shooting or otherwise killed in the
 course  of  a field trial. Other game on which a field trial may be held
 as provided in this section may be taken by shooting in the course of  a
 field  trial, except a field trial held on a licensed dog training area,
 provided a license for such shooting has been procured from the  depart
 ment. Game so taken shall be immediately [tagged for identification with
 seals,  to  be supplied to the licensee] IDENTIFIED ON FORMS PROVIDED by
 the department [at the price of five cents each, and  such  seals  shall
 not be removed] until the game is finally prepared for consumption.
 4.  Game  so [tagged] IDENTIFIED may be possessed, transported, bought
 and sold at any time, without limitation by section 11-0917.
 
       S. 6258--C                         24
 

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

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

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

 2.  No  firearm  except  a  pistol  or  revolver  shall  be carried or
 possessed in or on a motor vehicle unless it is  unloaded  in  both  the
 chamber  and  the  magazine,  except  that a loaded firearm which may be
 legally used for taking migratory game birds may be carried or possessed
 in a motorboat while being legally used in hunting migratory game birds,
 and no person except a law enforcement officer in the performance of his
 official duties shall, while in or on a motor vehicle, use a  jacklight,
 spotlight  or  other artificial light upon lands inhabited by deer if he
 is in possession or is accompanied by a person who is in possession,  at
 the  time  of  such use, of a longbow, crossbow or a firearm of any kind
 except a pistol or revolver, unless such longbow  is  unstrung  or  such
 firearm  is  taken  down or securely fastened in a case or locked in the
 trunk of the vehicle. For purposes of this  subdivision,  motor  vehicle
 shall  mean  every  vehicle  or other device operated by any power other
 than muscle power, and which shall include but not be limited to automo
 biles, trucks, motorcycles, tractors, trailers and  motorboats,  snowmo
 biles  and  snowtravelers,  whether  operated on or off public highways.
 Notwithstanding the provisions of this subdivision, the  department  may
 issue  a permit to any person who is non-ambulatory, except with the use
 of a mechanized aid, to possess a loaded firearm in or on a motor  vehi
 cle  as  defined  in  this  section, subject to such restrictions as the
 department may deem necessary in the interest of public safety[, and for
 a fee of five dollars]. Nothing in this section permits  the  possession
 of a pistol or a revolver contrary to the penal law.
 
       S. 6258--C                         25
 

S 8.

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

 

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

S  9. 

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

 

S 11-1721. [Tagging] IDENTIFICATION of carcasses and parts thereof.
 1. The provisions of this section apply to carcasses and parts thereof
 of
 a. domestic game killed on the premises of the holder  of  a  domestic
 game bird breeder's license PURSUANT TO SECTION 11-1901 OF THIS ARTICLE,
 domestic  game  animal  breeder's license PURSUANT TO SECTION 11-1905 OF
 THIS ARTICLE or shooting preserve license PURSUANT TO SECTION 11-1903 OF
 THIS ARTICLE;
 b. [domestic game raised outside the state on the premises of a holder
 of a certificate under section 11-1715, subdivision 1;
 c. foreign game imported from outside the United States;
 d. wild deer (other than white-tailed deer), moose, elk,  caribou  and
 antelope,  coming  from  outside the state, imported pursuant to section
 11-1711;
 e.] bear possessed  under  license  pursuant  to  section  11-0515  or
 outside  the  state  under a license similar in principle and killed for
 food purposes[, and bought and sold for such purpose under  permit  from
 the department pursuant to section 11-1713];
 [f.] C. trout, black bass, lake trout, landlocked salmon, muskellunge,
 pike,  pickerel  and walleye taken from fishing preserve waters licensed
 pursuant to section 11-1913.
 2. All such [game] CARCASSES AND PARTS shall  be  [tagged]  IDENTIFIED
 with  a  [tag  or  seal,  which  shall be supplied] FORM PROVIDED by the
 department [for a fee of five cents for each tag or  seal.  The  tag  or
 seal shall be affixed to each game bird, and in the case of foreign game
 shall  be  affixed  to the breast skin, and to the flesh of each quarter
 and loin of other game, and shall remain so affixed until  the  game  is
 finally  prepared for consumption.  Trout, black bass, lake trout, land-
 locked salmon, muskellunge, pike, pickerel and walleye taken from  fish-
 ing preserve waters licensed pursuant to section 11-1913 shall be tagged
 as prescribed by the department, with a seal, which shall be supplied by
 the department for a fee of five cents for each seal].
 3.  [Domestic game killed in this state] CARCASSES AND PARTS shall not
 be possessed unless [tagged] ACCOMPANIED  BY  A  FORM  PROVIDED  BY  THE
 
       S. 6258--C                         26
 DEPARTMENT  as  required  by  this  section. [Foreign game imported from
 outside the United States and domestic and wild game coming from outside
 the state shall be tagged before it is brought into the state  or  imme-
 diately upon its receipt within this state by the consignee.
 4.  No  person shall counterfeit any seal or tag issued by the depart-
 ment. No person shall attach such a  tag  to  game  which  is  not  game
 described in subdivision 1, nor attach to any game described in subdivi-
 sion  1  a  tag  or  seal  other  than the tag or seal prescribed by the
 department for the tagging of such game.]
 

S 10.

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

 

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

S 11.

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

 

S 11-1725. Shipment by carriers.
 1. Carriers may receive, and may transport, within and from within  to
 without  the  state,  carcasses  and parts thereof of game, described in
 subdivision 1 of section 11-1721[, tagged] AND IDENTIFIED as provided in
 that section, when they are also labeled as provided in this section.
 2. a. When received in this state by a carrier, or transported  within
 or from within to without the state by a carrier, every shipment of game
 required  by  section 11-1721 to be [tagged] IDENTIFIED, shall also have
 attached a card or label with the  following  data  plainly  printed  or
 written  thereon: names and addresses of consignor and consignee, number
 and kind of carcasses or parts thereof[, and that the same  is  (as  the
 case  may  be)  domestic  game,  imported foreign game, or game imported
 under permit (in the case of game imported pursuant to  section  11-1711
 or 11-1713)].
 b. If the consignor is the person who holds the game breeder's license
 or shooting preserve license[, or the certificate under section 11-1715,
 or  the  permit under section 11-1711 or 11-1713,] by authority of which
 such game (other than imported foreign game) is saleable, or if the game
 is imported foreign game shipped by a licensed game dealer, the card  or
 label  shall  also  state  the  name  and  address of the holder of such
 license, [certificate or permit] and the number of the license[, certif-
 icate or permit].
 3. No carrier or employee thereof shall, while engaged in  such  busi
 ness,  transport  as  owner  any  fish or game not lawfully saleable. No
 carrier or employee thereof shall knowingly receive or possess any  fish
 or game, whether packed or unpacked, for shipment for any person, unless
 (a)  if it is game or trout described in section 11-1721, it is [tagged]
 IDENTIFIED as required by that section, and (b) in any  case,  it  bears
 the  tag,  card,  IDENTIFICATION or label required by this section or by
 sections 11-0911, 11-0917, 11-1319 or 11-1913.
 
       S. 6258--C                         27
 

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

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

 a.  Class  A  license, [fifty] TWO HUNDRED dollars. This license shall
 allow the holder thereof to purchase, possess, propagate, transport  and
 sell domestic game birds, dead or alive, and their eggs.
 b.  Class B license, [ten] FORTY dollars. This license shall allow the
 holder thereof to purchase, possess and propagate  domestic  game  birds
 for  his  own  use. Birds may be killed for food or released to the wild
 for restocking. No live birds or their eggs or carcasses  may  be  sold,
 exchanged or given away.
 5.  Each  such  domestic duck, goose, brant and swan [before attaining
 the age of four weeks] shall be marked [by having the hind  toe  of  the
 right  foot  removed,  and no such duck, goose, brant or swan, over four
 weeks of age, may be possessed or sold without such mark] IN  ACCORDANCE
 WITH  REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY THE
 DEPARTMENT OF THE INTERIOR PURSUANT TO 50 C.F.R. 21 AS  MAY  BE  AMENDED
 FROM  TIME  TO  TIME. Birds so marked, which have escaped, may be recap
 tured by the licensee.  [Other  such  domestic  game  birds  which  have
 escaped  may  be  recaptured by the licensee provided they are marked as
 prescribed in the rules and  regulations  of  the  department.]  Escaped
 birds  may be recaptured only on the premises of the licensee. [However,
 removal of the hind toe of the right foot  shall  not  be  required  for
 captive  geese, brant and swans, which were adult birds on March 1, 1967
 and previously had been marked with a V-shaped mark on the  web  of  one
 foot.]
 8.  [a. The department shall supply tags, for which the licensee shall
 pay a fee of five cents each, which shall be affixed to the carcass of a
 domestic game bird and remain so  affixed  until  the  bird  is  finally
 prepared  for  consumption.  No  domestic  game  bird so killed shall be
 possessed without such tag, and only an authorized person shall have  in
 his possession such tags.
 b.  Notwithstanding  any provision in this section to the contrary, no
 untagged carcass may be removed from the premises except carcasses which
 are removed for the purpose of processing.  When  transporting  untagged
 carcasses  for  such processing, the bearer must have a statement signed
 by the licensee stating the number of carcasses  being  transported  and
 the  name and address of the processor. The bearer must also have in his
 possession tags equal  in  number  to  the  carcasses  transported.  The
 processor  or  bearer,  after  picking and dressing the carcasses, shall
 affix the tags, furnished by the licensee, to each carcass.
 c. The licensee shall keep records of the number of tags used, and  no
 tags  shall  be removed from the licensed premises except as provided in
 this subdivision. If a game bird breeder's license is not renewed on its
 expiration date, all unused tags and inventory shall be returned to  the
 nearest  regional office of the department not later than ten days after
 
       S. 6258--C                         28
 the expiration date of the license. There shall be no  refund  of  money
 for such returned tags, which shall be immediately invalidated.
 d.  The  tagging required by this subdivision shall constitute compli-
 ance with the tagging requirements  of  section  11-1721.  Carcasses  of
 domestic  game  birds,  tagged  as  provided in this subdivision, may be
 possessed, bought, sold, offered for sale and transported, to the extent
 permitted by sections 11-1719 and 11-1723.] DOMESTIC GAME BIRD CARCASSES
 AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY  SECTION  11-1721  OF  THIS
 ARTICLE.
 

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

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

 a.  Class  A  license,  [fifty] TWO HUNDRED dollars [for the first one
 hundred acres and five dollars for each additional one hundred acres  or
 portion  thereof  comprising the premises described in the application].
 This license shall allow the holder thereof to operate a commercial CLUB
 OR MEMBERSHIP shooting preserve WITH A MINIMUM OF ONE HUNDRED ACRES  and
 charge a daily fee for hunting or charge a fee for each bird killed or a
 combination  thereof. Birds may be killed by the licensee for his OR HER
 own use and may be sold dead or alive.
 b. [Class B license, twenty-five dollars for  the  first  one  hundred
 acres  and  two  dollars and fifty cents for each additional one hundred
 acres or portion thereof comprising the premises described in the appli-
 cation. This license shall allow the holder thereof to operate a nonpro-
 fit shooting  preserve  or  a  nonprofit  club  or  membership  shooting
 preserve  with use limited to members and guests. Birds may be killed by
 the licensee for his own use but  no  live  birds,  or  their  eggs,  or
 carcasses  may  be  sold  unless  the licensee holds a Class A game bird
 breeder's license.
 c.] Class [C] B license, [fifteen] SIXTY dollars [for  the  first  one
 hundred  acres  and two dollars for each additional one hundred acres or
 portion thereof comprising the premises described in  the  application].
 This  license  shall  allow  the  holder  thereof  to operate a shooting
 preserve with use restricted to the licensee,  his  OR  HER  family  and
 invitees,  provided  no fees are charged for the privilege of hunting or
 for birds shot. Birds may be killed by the licensee for his OR  HER  own
 use  but  no  live birds, or their eggs, or carcasses may be sold unless
 the licensee holds a Class A game bird breeder's license.
 
       S. 6258--C                         29
 3. The department may revoke the license of any licensee convicted  of
 a  violation  of  this section, and no license shall be issued to him OR
 HER for the ensuing two years. The licensee,  unless  he  OR  SHE  shall
 waive such right, shall have an opportunity to be heard. Notice of hear
 ing shall be given by mailing the same in writing to the licensee at the
 address  contained in his OR HER license. Attendance of witnesses may be
 compelled by subpoena.  Revocation shall be deemed an administrative act
 reviewable by the supreme court as such.
 7. Domestic game birds may not be killed, by shooting, on the premises
 specified in the application for the license, except under the following
 conditions:

 a. Birds [must be at least fourteen weeks of  age  before  liberation.
 Ducks,  geese,  brant and swans] shall be marked [by having had the hind
 toe of the right foot removed, except] as provided in subdivision  5  of
 section  11-1901[,  and  no  such  duck, goose, brant or swan, over four
 weeks of age, may be possessed, sold or killed by shooting without  such
 mark].  Birds  so  marked,  which have escaped, may be recaptured by the
 licensee. [Other such domestic game birds  which  have  escaped  may  be
 recaptured by the licensee provided they are marked as prescribed in the
 rules  and  regulations  of the department.] Escaped birds may be recap
 tured only on the premises of the licensee.
 [b. Before any shooting of domestic  game  birds  may  be  done  on  a
 licensed  shooting  preserve  the licensee must advise the department in
 writing of the numbers of each species of domestic  game  birds  reared,
 purchased  or otherwise acquired for liberation, and request and receive
 in writing a shooting authorization which shall  state  the  numbers  of
 each  species  of game bird that may be taken by shooting. The number of
 birds authorized to be taken by shooting shall not be less  than  eighty
 per cent of the number liberated.
 Shooting authorization shall be based on the actual number of birds on
 hand  or  on contract at the time of application for such authorization.
 If birds are purchased, the applicant  shall  submit  one  copy  of  the
 contract agreement signed by the purchaser and seller on forms furnished
 by  the  department.  The  contract  shall  state  the name, address and
 license number of the party from whom purchased as well as  the  numbers
 of birds purchased and the dates of delivery.
 c.]  B. Ducks, geese, brant and swans liberated under this section may
 be taken only under rules and regulations  made  by  the  department  OR
 ADOPTED BY THE FEDERAL DEPARTMENT OF THE INTERIOR.
 [d]  C.  On the premises described in the application for the license,
 the licensee may kill domestic game birds by shooting from  September  1
 through  [March  31] APRIL 15 and in any manner, other than by shooting,
 at any time, or any person may take domestic game birds by shooting from
 September 1 through [March 31] APRIL 15 with the consent of  the  licen
 see. [When an investigation made by the department in the month of March
 of  any  year  reveals  that during the current shooting preserve season
 reasonable opportunities were not  afforded  to  harvest  domestic  game
 birds  in  any  area  or  areas of the state because of abnormal weather
 conditions, the department shall have  power  to  extend  by  order  the
 shooting  preserve  season  in  such  area  or areas for a period not to
 exceed 15 days.]
 10. a. [The department shall supply tags, for which the licensee shall
 pay a fee of five cents each, which shall be  affixed  to  the  carcass]
 CARCASSES  AND  PARTS  of  [a] domestic game [bird and remain so affixed
 until the bird is finally  prepared  for  consumption]  BIRDS  SHALL  BE
 ACCOMPANIED  BY  A  FORM  PROVIDED BY THE DEPARTMENT PURSUANT TO SECTION
 
       S. 6258--C                         30
 11-1721 OF THIS ARTICLE.   No domestic game birds  so  killed  shall  be
 possessed  OR  TRANSPORTED  without such [tag] FORM.  Only an authorized
 person as provided in the rules and regulations of the department  shall
 have in his OR HER possession such [tags] FORM.
 b.  [Notwithstanding any provision in this section to the contrary, no
 untagged carcass may be removed from the premises except carcasses which
 are removed for processing. When  transporting  untagged  carcasses  for
 processing,  the  bearer  must  have  a statement signed by the licensee
 stating the number of carcasses transported and the name and address  of
 the processor. The bearer must also have in his possession tags equal in
 number  to  the  carcasses  transported.  The processor or bearer, after
 picking and dressing the carcasses, shall affix the tags,  furnished  by
 the licensee, to each carcass.
 c.  The  licensee  shall keep records of the number of tags used. If a
 shooting preserve license is not renewed on  its  expiration  date,  all
 unused  tags  on  inventory  shall  be  returned to the nearest regional
 office of the department not later than ten days  after  the  expiration
 date of the license. There shall be no refund of money for such returned
 tags, which shall be immediately invalidated.
 d.  The  tagging required by this subdivision shall constitute compli-
 ance with the tagging requirements  of  section  11-1721.  Carcasses  of
 domestic  game  birds,  tagged  as  provided in this subdivision, may be
 possessed and transported by all licensees under this section, and  they
 may  be  bought,  sold  and  offered for sale to the extent permitted by
 sections 11-1719 and 11-1723, except that no domestic duck, goose, brant
 or swan shall be bought, sold or killed by  shooting  unless  marked  as
 provided  in subdivision 7 of this section] DOMESTIC GAME BIRD CARCASSES
 AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY  SECTION  11-1721  OF  THIS
 ARTICLE.
 

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

 1.  The department may, in its discretion, issue to an owner or lessee
 of wholly enclosed lands or an entire  island  a  domestic  game  animal
 breeder's  license permitting him to possess and propagate domestic game
 animals provided such animals are confined and cared  for  according  to
 specifications  and  regulations  which  the department, by order, shall
 adopt. The license shall expire on March 31 [of each] EVERY FIFTH  year.
 The  department  shall  prescribe  and furnish forms for application for
 such license. Applicants shall pay, and the department shall be entitled
 to receive, fees in accordance with the type of license issued.
 a. Class A license, [fifty] TWO HUNDRED dollars.  This  license  shall
 allow  the holder thereof to purchase, possess, propagate, transport and
 sell domestic game animals dead or alive.
 b. Class B license, [ten] FORTY dollars. This license shall allow  the
 holder  thereof to purchase, possess and propagate domestic game animals
 for his own use. No animals may be sold, exchanged or given away  except
 that  portions  of the carcass may be given away provided they are pack
 aged and the package bears the name and license number of the licensee.
 6. [a. The department shall supply tags  for  Class  A  licenses,  for
 which the licensees shall pay five cents each, which shall be affixed to
 each quarter and loin of each carcass of domestic game animals killed by
 Class  A  licensees  and  remain  so  affixed  until the game is finally
 prepared for consumption. No domestic game animal  so  killed,  nor  any
 
       S. 6258--C                         31
 portion of the carcass thereof, shall be possessed without such tag, and
 no person shall sell such quarter or loin without such tag attached.
 b.  The  tagging required by this subdivision shall constitute compli-
 ance with the tagging requirements of section 11-1721. Loins or quarters
 of domestic game animals, killed by Class  A  licensees  and  tagged  as
 provided in this subdivision, may be possessed, bought, sold and offered
 for sale, and transported as provided in section 11-1723 and may be sold
 and  offered  for  sale  by  the  holder of a Class A license under this
 section without the  game  dealer's  license  provided  for  in  section
 11-1719.]  DOMESTIC  GAME ANIMAL CARCASSES AND PARTS SHALL BE IDENTIFIED
 AS REQUIRED BY SECTION 11-1721 OF THIS ARTICLE.
 

S 15.

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

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

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

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

S  17. Subdivision 3 of section 11-0103 of the environmental conserva
 tion law is amended to read as follows:

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

S 18. Subdivision 2 of section 11-1717 of the environmental  conserva
 tion law is amended to read as follows:

 2.  The  carcasses,  or  parts  thereof, of foreign game imported from
 outside the United States  may  be  bought  and  sold  [when  tagged  as
 
       S. 6258--C                         32
 required  in  section  11-1721,  subject  to  the  provisions of section
 11-1719 with respect to dealers' licenses].
 

S  19. This act shall take effect immediately, except that if this act
 shall have become a law on or after April 1, 2012 this  act  shall  take
 effect  immediately  and  shall be deemed to have been in full force and
 effect on and after April 1,  2012;  provided  that  the  amendments  to
 subdivision  2  of section 11-0931 of the environmental conservation law
 made by section six of this act shall be subject to the  expiration  and
 reversion  of  such  subdivision  pursuant to chapter 483 of the laws of
 2010, as amended, when upon such date the provisions of section seven of
 this act shall take effect.
 PART I
 

Section 1.

Section 2 of the public service law is amended by adding  a
 new subdivision 28 to read as follows:

 28.  THE TERM "VOICE-OVER-INTERNET PROTOCOL SERVICE" OR "VOIP SERVICE"
 WHEN USED IN THIS CHAPTER, SHALL MEAN  ANY  SERVICE  THAT:  (A)  ENABLES
 REAL-TIME  TWO-WAY VOICE COMMUNICATIONS THAT ORIGINATE FROM OR TERMINATE
 TO THE USER'S LOCATION USING INTERNET PROTOCOL OR ANY  SUCCESSOR  PROTO
 COL;  (B)  USES A BROADBAND CONNECTION FROM THE USER'S LOCATION; AND (C)
 PERMITS USERS GENERALLY TO RECEIVE CALLS THAT ORIGINATE  ON  THE  PUBLIC
 SWITCHED TELEPHONE NETWORK AND TO TERMINATE CALLS TO THE PUBLIC SWITCHED
 TELEPHONE NETWORK.
 

S  2.  Paragraph d of subdivision 1 of section 5 of the public service
 law, as amended by chapter 155 of the laws of 1970, is amended  to  read
 as follows:

 d. To every telephone line which lies wholly within the state and that
 part  within  the  state  of New York of every telephone line which lies
 partly within and partly without the state and to the persons or  corpo
 rations  owning, leasing or operating any such telephone line.  NOTWITH
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NEITHER THE COMMIS
 SION, THE DEPARTMENT OF PUBLIC SERVICE,  NOR  ANY  OTHER  DEPARTMENT  OR
 AGENCY  OF  THIS STATE, OR ANY POLITICAL SUBDIVISION THEREOF, SHALL HAVE
 AUTHORITY TO REGULATE THE ENTRY, RATES OR  OTHER  TERMS  OF  SERVICE  OF
 VOICE-OVER-INTERNET  PROTOCOL SERVICE.   PROVIDED, HOWEVER, THAT NOTHING
 IN THIS PARAGRAPH SHALL AFFECT THE AUTHORITY OF THE STATE OR  ITS  AGEN
 CIES  TO  ENFORCE  SUCH REQUIREMENTS AS ARE OTHERWISE EXPRESSLY PROVIDED
 FOR BY FEDERAL LAW, INCLUDING, BUT NOT LIMITED  TO,  CONNECTION  TO  911
 FACILITIES,  THE  COLLECTION  OF  ENHANCED  911 FEES, TELECOMMUNICATIONS
 RELAY  SERVICE  FEES,  OR  FEDERAL  UNIVERSAL  SERVICE  FUND   FEES   ON
 VOICE-OVER-INTERNET  PROTOCOL  SERVICES THAT MAY BE DETERMINED TO APPLY,
 OR BE CONSTRUED TO (1) MODIFY  OR  AFFECT  THE  RIGHTS,  OBLIGATIONS  OR
 AUTHORITY OF ANY ENTITY, INCLUDING BUT NOT LIMITED TO THE PUBLIC SERVICE
 COMMISSION,  TO  ACT PURSUANT TO, OR ENFORCE THE PROVISIONS OF 47 U.S.C.
 251, 47 U.S.C. 252, ANY APPLICABLE TARIFF, OR ANY STATE LAW, RULE, REGU
 LATION OR ORDER RELATED TO WHOLESALE  RIGHTS,  DUTIES  AND  OBLIGATIONS,
 INCLUDING THE RIGHTS, DUTIES, AND OBLIGATIONS OF LOCAL EXCHANGE CARRIERS
 TO  INTERCONNECT  AND  EXCHANGE  VOICE TRAFFIC; (2) MODIFY OR AFFECT THE
 AUTHORITY OF THE PUBLIC SERVICE COMMISSION TO IMPLEMENT, CARRY OUT,  AND
 ENFORCE  SUCH  PROVISIONS, RIGHTS, DUTIES, OBLIGATIONS OR TARIFF THROUGH
 ARBITRATION PROCEEDINGS OR OTHER AVAILABLE MECHANISMS AND PROCEDURES; OR
 (3) AFFECT THE PAYMENT OF SWITCHED NETWORK ACCESS RATES OR OTHER  INTER
 CARRIER  COMPENSATION  RATES,  AS  APPLICABLE.   NOTHING HEREIN SHALL BE
 CONSTRUED TO AFFECT THE APPLICATION OR ENFORCEMENT OF OTHER STATUTES  OR
 REGULATIONS  THAT  APPLY  GENERALLY  TO  THE  CONDUCT OF BUSINESS IN THE
 
       S. 6258--C                         33
 STATE, INCLUDING CONSUMER PROTECTION, TAXATION OR  UNFAIR  OR  DECEPTIVE
 TRADE PRACTICES RULES OF GENERAL APPLICABILITY.
 

S 3. Subdivision 1 of section 90 of the public service law, as amended
 by chapter 414 of the laws of 1981, is amended to read as follows:

 1.  [The]  EXCEPT  AS  PROVIDED  IN  PARAGRAPH D OF SUBDIVISION ONE OF
 SECTION FIVE OF THIS CHAPTER, THE provisions of this article shall apply
 to communication by telegraph or telephone between one point and another
 within the state of New York and  to  every  telegraph  corporation  and
 telephone corporation.
 

S 4. This act shall take effect immediately.
 PART J
 

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

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

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

Section 1.

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

 

S 140. Samples;  publication  of results of tests. 1. The commissioner
 or his or her duly authorized  representatives  shall  take  samples  of
 seeds  [and  submit  them to the director of the New York state agricul-
 tural experiment station] for examination, analysis, and testing BY  THE
 DEPARTMENT. THE COMMISSIONER MAY CONTRACT WITH A QUALIFIED LABORATORY TO
 PERFORM SUCH EXAMINATION, ANALYSIS, AND TESTING. When the analysis of an
 official  sample  indicates that seed is mislabeled, the results of such
 analysis shall be provided to the person responsible for the labeling of
 the seed and, upon that person's request, made within  fifteen  days  of
 his  or  her  receipt  of  said  results, the commissioner or his or her
 
       S. 6258--C                         34
 authorized agent shall furnish such person with a portion of the  sample
 taken.
 2. [The director of the New York state agricultural experiment station
 shall  examine,  analyze,  or test, or cause to be examined, analyzed or
 tested such samples of seeds taken under the provisions of this  article
 as  shall  be submitted to him for that purpose by the commissioner, and
 shall report the results of such analysis, examination,  or  testing  to
 the  commissioner.  For  this  purpose  the  New York state agricultural
 experiment station may establish and maintain trial grounds and  a  seed
 laboratory  with  the  necessary  equipment,  and may employ experts and
 incur such expense as may be necessary to comply with  the  requirements
 of this article.
 3.]  From  time  to  time  the [New York state agricultural experiment
 station, in cooperation with the] department of agriculture and markets,
 shall make public the results of  examinations,  analyses,  trials,  and
 tests  of  any  sample  or samples so procured, together with such addi
 tional information as  circumstances  advise.  These  published  results
 shall be the property of the state of New York and shall not be used for
 advertising or regulatory purposes by any person or agency, governmental
 or otherwise without requested and granted permission of the commission
 er [of agriculture and markets].
 

S  2.   

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

 

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

S 3. This act shall take effect immediately.
 PART M
 Intentionally omitted
 PART N
 

Section 1.

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

 

S  251-z-3. Licenses; fees. No person shall maintain or operate a food
 processing establishment unless licensed biennially by the commissioner.
 Application for a license to operate  a  food  processing  establishment
 shall be made, upon a form prescribed by the commissioner[, on or before
 the  fifteenth  of  the month preceding the applicable license period as
 herein prescribed. The license period shall begin February fifteenth for
 applicants who apply for a license between February  fifteenth  and  May
 fourteenth, May fifteenth for applicants who apply for a license between
 May fifteenth and August fourteenth, August fifteenth for applicants who
 apply  for  a  license between August fifteenth and November fourteenth,
 
       S. 6258--C                         35
 and November fifteenth for applicants who apply for  a  license  between
 November  fifteenth and February fourteenth]. RENEWAL APPLICATIONS SHALL
 BE SUBMITTED TO THE COMMISSIONER AT  LEAST  THIRTY  DAYS  PRIOR  TO  THE
 COMMENCEMENT OF THE NEXT LICENSE PERIOD.
 The  applicant  shall  furnish  evidence of his or her good character,
 experience and competency, that the establishment has  adequate  facili
 ties and equipment for the business to be conducted, that the establish
 ment  is  such  that  the cleanliness of the premises can be maintained,
 that the product produced therein will not become  adulterated  and,  if
 the applicant is a retail food store, that the applicant has an individ
 ual in a position of management or control who has completed an approved
 food safety education program pursuant to section two hundred fifty-one
 z-twelve of this article. The commissioner, if so satisfied, shall issue
 to  the  applicant,  upon  payment  of  the  license fee of four hundred
 dollars,  a  license  to  operate  the  food  processing   establishment
 described  in  the  application.  However, the license fee shall be nine
 hundred dollars for a food processing establishment  determined  by  the
 commissioner,  pursuant to duly promulgated regulations, to require more
 intensive regulatory  oversight  due  to  the  volume  of  the  products
 produced,  the  potentially  hazardous nature of the product produced or
 the multiple number of processing operations conducted in the establish
 ment. The license application for retail food stores shall  be  accompa
 nied  by  documentation  in  a  form  approved by the commissioner which
 demonstrates that the food safety education program requirement has been
 met. The license shall take effect on the date of issuance and  continue
 [until  the  last day of the applicable license period set forth in this
 section] FOR TWO YEARS FROM SUCH DATE.
 [Notwithstanding any other provision  of  law  to  the  contrary,  the
 commissioner  is  hereby  authorized  and  directed to deposit all money
 received pursuant to this section in an account within the miscellaneous
 special revenue fund.]
 

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

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

S 4.

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

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

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

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

Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
 laws of 2012 to the energy research and development authority, under the
 research, development and demonstration program, from the special reven
 ue  funds - other/state operations, miscellaneous special revenue fund
 339, energy research and planning account, and special revenue  funds
 other/aid to localities, miscellaneous special revenue fund - 339, ener
 
       S. 6258--C                         36
 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
 2010.  Such  amounts  shall  be  excluded  from  the  general assessment
 provisions of subdivision 2 of section 18-a of the public  service  law,
 but shall be billed and paid in the manner set forth in such subdivision
 and  upon  receipt shall be paid to the state comptroller for deposit in
 the state treasury for credit to the miscellaneous special revenue fund.
 The director of the budget shall not issue  a  certificate  of  approval
 with  respect  to the commitment and expenditure of moneys hereby appro
 priated until the chair of such authority shall have submitted, and  the
 director  of  the  budget shall have approved, a comprehensive financial
 plan encompassing all moneys available to and  all  anticipated  commit
 ments  and  expenditures by such authority from any source for the oper
 ations of such authority. Copies of the approved comprehensive financial
 plan shall be immediately submitted by the director of the budget to the
 chairs and secretaries of the legislative fiscal committees.
 

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

Section  1.

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

 

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

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

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

 3. The provisions of this section shall  expire,  notwithstanding  any
 inconsistent provision of subdivision 4 of section 469 of chapter 309 of
 
       S. 6258--C                         37
 the  laws  of  1996  or  of any other law, [upon the effective date of a
 chapter of the laws of 2009 which appropriates funds for  the  principal
 support  of  the  urban  development corporation for the 2009-2010 state
 fiscal year] ON APRIL 1, 2013.
 

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

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

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

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

 (a) a manufacturing firm OR AGRICULTURAL BUSINESS which  employs  five
 hundred or fewer employees within the state on a full-time basis; or
 (b)  for manufacturing, AGRICULTURAL and service firms, projects which
 involve the preparation of strategic plans  for  improving  productivity
 and  competitiveness;  the  introduction  of  modern equipment and/or an
 expansion of facilities as part of a modernization plan;  the  introduc
 tion  of  advanced  technologies  to  improve  productivity and quality;
 improvements in production processes and operations, INCLUDING  AGRICUL
 
       S. 6258--C                         38
 TURAL  OPERATIONS;  introduction  of computerized information, reporting
 and control systems; reorganization or improvement of work place systems
 and  the  introduction  of  total  quality  and  employee  participation
 programs;  development  and introduction of new products; identification
 and development of new markets, including entry  into  foreign  markets;
 financial  restructuring  for  purposes of enabling modernization activ
 ities; buyouts of viable companies by employees or local owners residing
 in the state; and the provision of working capital for other  moderniza
 tion  activities  that will improve the competitiveness and productivity
 of a firm and result in the creation or retention of jobs; or
 

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

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

S  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2012.
 PART W
 Intentionally Omitted
 PART X
 Intentionally omitted
 PART Y
 Intentionally omitted
 PART Z
 Intentionally omitted
 PART AA
 

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

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

S 2. This act shall take effect immediately.
 PART BB
 Intentionally omitted
 
       S. 6258--C                         39
 PART CC
 Intentionally omitted
 PART DD
 Intentionally omitted
 PART EE
 

Section 1.

Section 12 of the transportation law, as amended by chapter
 5 of the laws of 1998, is amended to read as follows:

 

S 12. Offices  of  the department. The principal office of the depart
 ment of transportation shall  be  in  the  county  of  Albany.  [Branch]
 REGIONAL BRANCH offices [may] SHALL be established and maintained by the
 department  in  [such  places as the commissioner may determine, and for
 which] ELEVEN REGIONS ACROSS THE STATE,  IN  ACCORDANCE  WITH  appropri
 ations  [are]  made by the legislature, IN THE FOLLOWING AREAS: REGION 1
 (CAPITAL DISTRICT) IN THE COUNTY OF ALBANY, REGION 2 (MOHAWK VALLEY)  IN
 THE  CITY OF UTICA, REGION 3 (CENTRAL NEW YORK) IN THE CITY OF SYRACUSE,
 REGION 4 (GENESEE VALLEY) IN THE CITY OF ROCHESTER,  REGION  5  (WESTERN
 NEW  YORK)  IN  THE CITY OF BUFFALO, REGION 6 (SOUTHERN TIER/CENTRAL NEW
 YORK) IN THE CITY OF HORNELL, REGION 7 (NORTH COUNTRY) IN  THE  CITY  OF
 WATERTOWN,  REGION 8 (HUDSON VALLEY) IN THE CITY OF POUGHKEEPSIE, REGION
 9 (SOUTHERN TIER) IN THE CITY OF BINGHAMTON, REGION 10 (LONG ISLAND)  IN
 THE  HAMLET  OF  HAUPPAUGE, AND REGION 11 (NEW YORK CITY) IN THE CITY OF
 NEW YORK.
 

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

Section 1. Subdivision 4 of section 410 of  the  vehicle  and  traffic
 law,  as  amended by chapter 137 of the laws of 1989, is amended to read
 as follows:

 4. Times for registration and reregistration. Registration applied for
 and certificates issued under any application shall  expire  on  a  date
 determined  by  the  commissioner. Registration shall be renewed period
 ically in the same manner and upon payment of the  same  annual  fee  as
 provided  in this section for registration, to take effect and to expire
 on dates to be determined by the commissioner, PROVIDED THAT MOTORCYCLES
 MAY BE REGISTERED FOR A PERIOD OF EITHER ONE YEAR OR TWO  YEARS  AT  THE
 OPTION  OF  THE  REGISTRANT WITH THE FEE FOR A TWO-YEAR REGISTRATION NOT
 MORE THAN DOUBLE THE FEE FOR A ONE-YEAR REGISTRATION.  Provided,  howev
 er, that the commissioner shall have authority to fix the length of time
 for  which  any  such  vehicle  which is registered without fee shall be
 registered. Provided further, however, that renewal  of  a  registration
 may be used preceding the expiration date of such registration including
 such expiration date.
 

S 2. Subdivision 2 of section 405-g of the vehicle and traffic law, as
 added by chapter 755 of the laws of 1987, is amended to read as follows:

 2. Any fee paid directly to the commissioner for the registration of a
 vehicle  OR  MOTORCYCLE  for  operation  within  this  state  under  the
 provisions of this article which is to be paid  into  the  general  fund
 pursuant  to  section  four  hundred  five-f  of  this  article shall be
 refunded, less the sum of five dollars, provided that  the  commissioner
 is  satisfied  that  the  registration  has not been used and all number
 
       S. 6258--C                         40
 plates, cab cards, and other documents  have  been  surrendered  to  the
 commissioner  within  two  months after the date the fee was paid or the
 beginning of the registration period  for  which  the  registration  was
 issued, whichever comes later and application therefor is filed with the
 commissioner  within  the period of validity for which such registration
 was issued.
 

S 3. Subdivision 3 of section 405-g of the vehicle and traffic law, as
 added by chapter 755 of the laws of 1987, is amended to read as follows:

 3. Any fee paid to any other jurisdiction on behalf of this state  for
 operation  of a vehicle OR A MOTORCYCLE within this state which has been
 forwarded to the commissioner by that  jurisdiction  shall  be  refunded
 less  the  sum of five dollars provided the jurisdiction which collected
 the fee has refunded to the applicant any fee collected by  that  juris
 diction  on  its behalf and any number plate, cab card or other document
 affecting operation in this state has been surrendered to such jurisdic
 tion and the commissioner is satisfied that any such plate, cab card  or
 other  document  has  not been used within this state and an application
 for refund is made within the period of validity for which  such  regis
 tration was issued.
 

S  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 PART GG
 

Section 1. Short title. This act shall be known and may  be  cited  as
 the  "bridge  and road investment and dedicated fund guaranteed enforce
 ment (BRIDGE) reform act".
 

S 2. Paragraph a of subdivision 5 of section 89-b of the state finance
 law, as amended by section 1 of part B of chapter  84  of  the  laws  of
 2002, is amended to read as follows:

 a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
 following appropriation by the legislature, be  utilized  for:    recon
 struction,  replacement, reconditioning, restoration, rehabilitation and
 preservation of state, county, town, city and village  roads,  highways,
 parkways,  and  bridges  thereon,  to  restore  such facilities to their
 intended  functions;  construction,  reconstruction,   enhancement   and
 improvement  of  state, county, town, city, and village roads, highways,
 parkways, and bridges thereon, to address current and projected capacity
 problems including costs for  traffic  mitigation  activities;  aviation
 projects authorized pursuant to section fourteen-j of the transportation
 law  and  for payments to the general debt service fund of amounts equal
 to amounts required for service contract payments  related  to  aviation
 projects  as provided and authorized by section three hundred eighty-six
 of the public authorities law; programs to assist small and minority and
 women-owned firms engaged  in  transportation  construction  and  recon
 struction  projects,  including  a  revolving  fund  for working capital
 loans, and a bonding guarantee assistance  program  in  accordance  with
 provisions of this chapter; matching federal grants or apportionments to
 the state for highway, parkway and bridge capital projects; the acquisi
 tion  of  real property and interests therein required or expected to be
 required in connection with such projects; preventive maintenance activ
 ities necessary to ensure that highways, parkways and  bridges  meet  or
 exceed  their  optimum useful life; [expenses of control of snow and ice
 on state highways by the department of transportation including but  not
 limited  to personal services, nonpersonal services and fringe benefits,
 payment of emergency aid for control of snow and ice  in  municipalities
 
       S. 6258--C                         41
 pursuant  to  section fifty-five of the highway law, expenses of control
 of snow and ice on state highways by municipalities pursuant to  section
 twelve  of  the  highway  law,  and for expenses of arterial maintenance
 agreements  with  cities pursuant to section three hundred forty-nine of
 the highway law;] personal services and  fringe  benefit  costs  of  the
 department  of  transportation  for  bus  safety  inspection activities;
 [costs of the department of motor vehicles, including but not limited to
 personal and nonpersonal services;] costs of engineering and administra
 tive services of the department of  transportation,  including  but  not
 limited  to  fringe  benefits; the contract services provided by private
 firms in accordance with section fourteen  of  the  transportation  law;
 personal services and nonpersonal services, for activities including but
 not  limited  to  the  preparation of designs, plans, specifications and
 estimates; construction management and supervision activities; costs  of
 appraisals,  surveys,  testing  and  environmental impact statements for
 transportation projects; expenses in connection with  buildings,  equip
 ment,  materials  and  facilities  used or useful in connection with the
 maintenance, operation, and repair of  highways,  parkways  and  bridges
 thereon;  and  project costs for: construction, reconstruction, improve
 ment, reconditioning and preservation of  rail  freight  facilities  and
 intercity  rail passenger facilities and equipment; construction, recon
 struction, improvement, reconditioning and preservation of state, munic
 ipal and privately owned ports; construction,  reconstruction,  improve
 ment,  reconditioning  and preservation of municipal airports; privately
 owned airports and aviation capital facilities, excluding airports oper
 ated by the state or operated by a bi-state municipal corporate  instru
 mentality  for  which  federal  funding  is  not  available provided the
 project  is  consistent  with  an  approved  airport  layout  plan;  and
 construction,  reconstruction,  enhancement,  improvement,  replacement,
 reconditioning, restoration, rehabilitation and preservation  of  state,
 county,  town,  city  and village roads, highways, parkways and bridges;
 and construction, reconstruction, improvement, reconditioning and  pres
 ervation  of  fixed  ferry  facilities  of municipal and privately owned
 ferry lines for transportation purposes, and the payment of debt service
 required on any bonds, notes or other obligations and  related  expenses
 for highway, parkway, bridge and project costs for: construction, recon
 struction,  improvement, reconditioning and preservation of rail freight
 facilities  and  intercity  rail  passenger  facilities  and  equipment;
 construction,  reconstruction, improvement, reconditioning and preserva
 tion of state, municipal and privately owned ports; construction, recon
 struction, improvement, reconditioning  and  preservation  of  municipal
 airports;  privately  owned  airports  and  aviation capital facilities,
 excluding airports operated by the  state  or  operated  by  a  bi-state
 municipal  corporate  instrumentality  for  which federal funding is not
 available provided the project is consistent with  an  approved  airport
 layout  plan;  construction,  reconstruction,  enhancement, improvement,
 replacement, reconditioning, restoration, rehabilitation  and  preserva
 tion  of state, county, town, city and village roads, highways, parkways
 and bridges; and construction, reconstruction, improvement, recondition
 ing and preservation of fixed ferry facilities of municipal and private
 ly owned ferry lines for transportation purposes, purposes authorized on
 or after the effective date of this section.  Beginning  with  disburse
 ments  made  on and after the first day of April, nineteen hundred nine
 ty-three, moneys in such fund shall be available to pay  such  costs  or
 expenses made pursuant to appropriations or reappropriations made during
 the  state  fiscal  year  which  began  on  the first of April, nineteen
 
       S. 6258--C                         42
 hundred ninety-two. Beginning the first day of April,  nineteen  hundred
 ninety-three, moneys in such fund shall also be used for payments to the
 general  debt  service  fund  of  amounts  equal to amounts required for
 service  contract  payments  as provided and authorized by section three
 hundred eighty of the public authorities law and by  section  eleven  of
 chapter  three hundred twenty-nine of the laws of nineteen hundred nine
 ty-one, as amended.
 

S 3. Paragraph a of subdivision 5 of section 89-b of the state finance
 law, as amended by section 1 of part D of chapter 151  of  the  laws  of
 2001, is amended to read as follows:

 a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
 following appropriation by the legislature, be  utilized  for:    recon
 struction,  replacement, reconditioning, restoration, rehabilitation and
 preservation of state, county, town, city and village  roads,  highways,
 parkways,  and  bridges  thereon,  to  restore  such facilities to their
 intended  functions;  construction,  reconstruction,   enhancement   and
 improvement  of  state, county, town, city, and village roads, highways,
 parkways, and bridges thereon, to address current and projected capacity
 problems including costs for  traffic  mitigation  activities;  aviation
 projects authorized pursuant to section fourteen-j of the transportation
 law  and  for payments to the general debt service fund of amounts equal
 to amounts required for service contract payments  related  to  aviation
 projects  as provided and authorized by section three hundred eighty-six
 of the public authorities law; programs to assist small and minority and
 women-owned firms engaged  in  transportation  construction  and  recon
 struction  projects,  including  a  revolving  fund  for working capital
 loans, and a bonding guarantee assistance  program  in  accordance  with
 provisions of this chapter; matching federal grants or apportionments to
 the state for highway, parkway and bridge capital projects; the acquisi
 tion  of  real property and interests therein required or expected to be
 required in connection with such projects; preventive maintenance activ
 ities necessary to ensure that highways, parkways and  bridges  meet  or
 exceed  their  optimum useful life; [expenses of control of snow and ice
 on state highways by the department of transportation including but  not
 limited  to personal services, nonpersonal services and fringe benefits,
 payment of emergency aid for control of snow and ice  in  municipalities
 pursuant  to  section fifty-five of the highway law, expenses of control
 of snow and ice on state highways by municipalities pursuant to  section
 twelve  of  the  highway  law,  and for expenses of arterial maintenance
 agreements with cities pursuant to section three hundred  forty-nine  of
 the  highway  law;]  personal  services  and fringe benefit costs of the
 department of transportation for bus safety inspection activities; costs
 of engineering and administrative services of the department  of  trans
 portation,  including  but  not limited to fringe benefits; the contract
 services provided by private firms in accordance with  section  fourteen
 of  the  transportation law; personal services and nonpersonal services,
 for activities including but not limited to the preparation of  designs,
 plans,  specifications and estimates; construction management and super
 vision activities; costs of appraisals, surveys,  testing  and  environ
 mental  impact  statements  for  transportation  projects;  expenses  in
 connection with buildings, equipment, materials and facilities  used  or
 useful  in  connection  with  the  maintenance, operation, and repair of
 highways,  parkways  and  bridges  thereon;  and  project   costs   for:

 construction,  reconstruction, improvement, reconditioning and preserva
 tion of rail freight facilities and intercity rail passenger  facilities
 and equipment; construction, reconstruction, improvement, reconditioning
 
       S. 6258--C                         43
 and   preservation  of  state,  municipal  and  privately  owned  ports;
 construction, reconstruction, improvement, reconditioning and  preserva
 tion  of municipal airports; privately owned airports and aviation capi
 tal  facilities, excluding airports operated by the state or operated by
 a bi-state municipal corporate instrumentality for which federal funding
 is not available provided the project is  consistent  with  an  approved
 airport  layout  plan;  and  construction,  reconstruction, enhancement,
 improvement, replacement,  reconditioning,  restoration,  rehabilitation
 and  preservation  of state, county, town, city and village roads, high
 ways, parkways and bridges; and construction,  reconstruction,  improve
 ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
 municipal and privately owned ferry lines for  transportation  purposes,
 and  the  payment  of debt service required on any bonds, notes or other
 obligations and  related  expenses  for  highway,  parkway,  bridge  and
 project  costs  for: construction, reconstruction, improvement, recondi
 tioning and preservation of rail freight facilities and  intercity  rail
 passenger   facilities   and  equipment;  construction,  reconstruction,
 improvement, reconditioning and preservation  of  state,  municipal  and
 privately owned ports; construction, reconstruction, improvement, recon
 ditioning  and  preservation  of  municipal  airports;  privately  owned
 airports and aviation capital facilities, excluding airports operated by
 the state or operated by a bi-state municipal corporate  instrumentality
 for  which  federal  funding  is  not  available provided the project is
 consistent with an approved airport layout  plan;  construction,  recon
 struction, enhancement, improvement, replacement, reconditioning, resto
 ration, rehabilitation and preservation of state, county, town, city and
 village  roads, highways, parkways and bridges; and construction, recon
 struction, improvement, reconditioning and preservation of  fixed  ferry
 facilities  of municipal and privately owned ferry lines for transporta
 tion purposes, purposes authorized on or after  the  effective  date  of
 this  section.  Beginning with disbursements made on and after the first
 day of April, nineteen hundred ninety-three, moneys in such  fund  shall
 be  available  to  pay such costs or expenses made pursuant to appropri
 ations or reappropriations made during the state fiscal year which began
 on the first of April, nineteen hundred ninety-two. Beginning the  first
 day  of  April, nineteen hundred ninety-three, moneys in such fund shall
 also be used for payments to the general debt service  fund  of  amounts
 equal  to amounts required for service contract payments as provided and
 authorized by section three hundred eighty of the public authorities law
 and by section eleven of chapter three hundred twenty-nine of  the  laws
 of nineteen hundred ninety-one, as amended.
 

S 4. Subdivision 5 of section 89-b of the state finance law is amended
 by adding two new paragraphs c and d to read as follows:

 C.  MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
 BY  THE  LEGISLATURE  FOR  EXPENSES  OF CONTROL OF SNOW AND ICE ON STATE
 HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING BUT  NOT  LIMITED
 TO  PERSONAL SERVICES, NONPERSONAL SERVICES AND FRINGE BENEFITS, PAYMENT
 OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNICIPALITIES  PURSUANT
 TO  SECTION  FIFTY-FIVE  OF THE HIGHWAY LAW, EXPENSES OF CONTROL OF SNOW
 AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT TO  SECTION  TWELVE
 OF  THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAINTENANCE AGREEMENTS
 WITH CITIES PURSUANT TO SECTION THREE HUNDRED FORTY-NINE OF THE  HIGHWAY
 LAW SHALL NOT EXCEED:

 (I)  $252  MILLION FOR FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND
 FOURTEEN;
 
       S. 6258--C                         44
 (II) $189 MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO  THOUSAND
 FIFTEEN;
 (III)  $126 MILLION FOR FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND
 SIXTEEN; AND
 (IV) $63 MILLION FOR FISCAL YEAR TWO  THOUSAND  SIXTEEN--TWO  THOUSAND
 SEVENTEEN.
 (V)  FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN AND
 FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
 AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR EXPENSES OF CONTROL OF  SNOW
 AND  ICE ON STATE HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING
 BUT NOT LIMITED TO PERSONAL SERVICES, NONPERSONAL  SERVICES  AND  FRINGE
 BENEFITS,  PAYMENT OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNI
 CIPALITIES PURSUANT TO SECTION FIFTY-FIVE OF THE HIGHWAY  LAW,  EXPENSES
 OF  CONTROL OF SNOW AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT
 TO SECTION TWELVE OF THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAIN
 TENANCE AGREEMENTS WITH CITIES PURSUANT TO SECTION THREE HUNDRED  FORTY
 NINE OF THE HIGHWAY LAW.
 D.  MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
 BY THE LEGISLATURE FOR  COSTS  OF  THE  DEPARTMENT  OF  MOTOR  VEHICLES,
 INCLUDING BUT NOT LIMITED TO PERSONAL AND NONPERSONAL SERVICES SHALL NOT
 EXCEED:

 (I)  $156  MILLION FOR FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND
 FOURTEEN;
 (II) $117 MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO  THOUSAND
 FIFTEEN;
 (III)  $78  MILLION FOR FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND
 SIXTEEN; AND
 (IV) $39 MILLION FOR FISCAL YEAR TWO  THOUSAND  SIXTEEN--TWO  THOUSAND
 SEVENTEEN.
 (V)  FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN AND
 FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
 AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR COSTS OF THE  DEPARTMENT  OF
 MOTOR  VEHICLES,  INCLUDING  BUT NOT LIMITED TO PERSONAL AND NONPERSONAL
 SERVICES.
 

S 5. This act shall take effect immediately, provided that the  amend
 ments  to  paragraph  a  of  subdivision  5 of section 89-b of the state
 finance law made by section two of this act  shall  be  subject  to  the
 expiration and reversion of such paragraph pursuant to section 2 of part
 B of chapter 84 of the laws of 2002, as amended, when upon such date the
 provisions of section three of this act shall take effect.
 PART HH
 

Section  1. 

Section  9  of  part AA of chapter 60 of the laws of 2011
 amending the environmental conservation law relating to saltwater recre
 ational fishing registrations is amended to read as follows:

 

S 9. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, [2013] 2015.
 

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

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

 
       S. 6258--C                         45
 5.  [All]  A.  THE  monies  collected or received by the department of
 taxation and finance pursuant to this title shall be  deposited  to  the
 credit of the comptroller with such responsible banks, banking houses or
 trust  companies  as may be designated by the comptroller. Such deposits
 shall be kept separate and apart from all other moneys in the possession
 of the comptroller. The comptroller shall require adequate security from
 all  such  depositories. Of the total revenue collected, the comptroller
 shall retain the amount determined by the commissioner of  taxation  and
 finance  to  be  necessary for refunds out of which the comptroller must
 pay any refunds to which a deposit  initiator  may  be  entitled.  After
 reserving  the amount to pay refunds, the comptroller must, by the tenth
 day of each month, pay into the state treasury  to  the  credit  of  the
 general  fund  OR  INTO THE ENVIRONMENTAL PROTECTION FUND, IN ACCORDANCE
 WITH THE SCHEDULE LISTED BELOW, the revenue deposited under this  subdi
 vision  during  the  preceding calendar month and remaining to the comp
 troller's credit on the last day of that preceding month. THE PORTION OF
 THE REVENUE TO BE DEPOSITED INTO THE ENVIRONMENTAL PROTECTION FUND AFTER
 THE AMOUNT TO PAY REFUNDS HAS BEEN RESERVED SHALL BE:

 (I) TWENTY MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO  THOUSAND
 THIRTEEN-TWO THOUSAND FOURTEEN;
 (II)  FORTY MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
 FOURTEEN-TWO THOUSAND FIFTEEN;
 (III) SIXTY MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
 FIFTEEN-TWO THOUSAND SIXTEEN;
 (IV) EIGHTY MILLION DOLLARS OF THE REVENUE IN FISCAL YEAR TWO THOUSAND
 SIXTEEN-TWO THOUSAND SEVENTEEN;
 (V) ONE HUNDRED MILLION DOLLARS IN FISCAL YEAR TWO THOUSAND SEVENTEEN
 TWO THOUSAND EIGHTEEN; AND
 (VI) ONE HUNDRED FOURTEEN MILLION DOLLARS IN FISCAL YEAR TWO  THOUSAND
 EIGHTEEN-TWO THOUSAND NINETEEN AND EVERY YEAR THEREAFTER.
 B.  THE  MONIES ALLOCATED TO THE ENVIRONMENTAL PROTECTION FUND BY THIS
 SUBDIVISION SHALL BE IN ADDITION TO ANY OTHER MONEY ALLOCATED OR  APPRO
 PRIATED TO THE FUND.
 

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

 3.  Such  fund shall consist of the amount of revenue collected within
 the state from the amount of revenue, interest and  penalties  deposited
 pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
 amount of fees and penalties received from easements or leases  pursuant
 to  subdivision fourteen of section seventy-five of the public lands law
 and the money received as annual service  charges  pursuant  to  section
 four  hundred four-l of the vehicle and traffic law, all moneys required
 to be deposited therein from the contingency reserve  fund  pursuant  to
 section  two  hundred  ninety-four of chapter fifty-seven of the laws of
 nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
 pursuant  to  section thirteen of chapter six hundred ten of the laws of
 nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
 section  54-0511 of the environmental conservation law, all moneys to be
 deposited from the Northville settlement pursuant to section one hundred
 twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
 hundred  ninety-six,  provided  however,  that such moneys shall only be
 used for the cost of the purchase of private lands in the core  area  of
 the  central  Suffolk  pine barrens pursuant to a consent order with the
 Northville industries signed on  October  thirteenth,  nineteen  hundred
 ninety-four  and  the related resource restoration and replacement plan,
 
       S. 6258--C                         46
 the amount of penalties required to  be  deposited  therein  by  section
 71-2724 of the environmental conservation law, all moneys required to be
 deposited  pursuant to article thirty-three of the environmental conser
 vation  law, all fees collected pursuant to subdivision eight of section
 70-0117 of the environmental conservation law[, as added by a chapter of
 the laws of two thousand nine], all moneys collected pursuant  to  title
 thirty-three  of article fifteen of the environmental conservation law[,
 as added by a chapter of the laws of  two  thousand  nine],  ALL  MONEYS
 REQUIRED  TO  BE  DEPOSITED  PURSUANT TO SECTION 27-1012 OF THE ENVIRON
 MENTAL CONSERVATION LAW and all other  moneys  credited  or  transferred
 thereto  from any other fund or source pursuant to law. All such revenue
 shall be initially deposited into the environmental protection fund, for
 application as provided in subdivision five of this section.
 

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

Section 1. Subdivision 3  of  section  19-0323  of  the  environmental
 conservation  law,  as  amended by section 1 of part BB of chapter 60 of
 the laws of 2011 and the closing paragraph 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 that
 all vehicles covered by  this  subdivision  shall  have  best  available
 retrofit technology on or before December 31, [2012] 2015.
 This  subdivision shall not apply to any vehicle subject to a lease or
 public works contract entered into or renewed  prior  to  the  effective
 date of this section.
 

S  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after December 31, 2012.
 PART KK
 

Section 1. Subdivision 2 of section 89-c of the state finance law,  as
 added by chapter 329 of the laws of 1991, is amended to read as follows:

 2.  (A)  The dedicated mass transportation trust fund shall consist of
 all moneys collected therefor or credited or  transferred  thereto  from
 any  other  fund,  account or source. Any interest received by the comp
 troller on moneys on deposit in the dedicated mass transportation  trust
 fund shall be retained in and become a part of such fund.
 (B)  AMOUNTS  APPROPRIATED  TO THE DEPARTMENT OF TRANSPORTATION IN THE
 NEW YORK STATE BUDGET FY TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN FROM
 THE DEDICATED MASS TRANSPORTATION TRUST FUND,  ESTABLISHED  PURSUANT  TO
 THIS  SECTION  FOR  PAYMENT  TO THE FOLLOWING PUBLIC AUTHORITIES MUST BE
 DISBURSED BY THE DIRECTOR OF THE BUDGET, IN ACCORDANCE WITH  THE  TRADI
 TIONAL  SERVICE  AND  USAGE  FORMULA  ESTABLISHED BY THE COMMISSIONER OF
 TRANSPORTATION WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, NO LATER
 THAN DECEMBER FIRST, TWO THOUSAND TWELVE: NIAGARA  FRONTIER  TRANSPORTA
 TION   AUTHORITY   ESTABLISHED   PURSUANT   TO  SECTION  TWELVE  HUNDRED
 NINETY-NINE-C OF THE PUBLIC AUTHORITIES LAW, ROCHESTER-GENESEE  REGIONAL
 TRANSPORTATION  AUTHORITY ESTABLISHED PURSUANT TO SECTION TWELVE HUNDRED
 NINETY-NINE-DD OF THE PUBLIC AUTHORITIES LAW, CAPITAL DISTRICT TRANSPOR
 
       S. 6258--C                         47
 TATION AUTHORITY ESTABLISHED PURSUANT TO SECTION THIRTEEN HUNDRED  THREE
 OF THE PUBLIC AUTHORITIES LAW, AND CENTRAL NEW YORK REGIONAL TRANSPORTA
 TION  AUTHORITY ESTABLISHED PURSUANT TO SECTION THIRTEEN HUNDRED TWENTY
 EIGHT OF THE PUBLIC AUTHORITIES LAW.
 

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

Section 1.

Section 14 of the transportation law is amended by adding a
 new subdivision 36 to read as follows:

 36. TO ISSUE THE FOLLOWING REPORTS TO KEEP THE GOVERNOR, THE TEMPORARY
 PRESIDENT  OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF
 THE TRANSPORTATION  AND  FISCAL  COMMITTEES  OF  THE  LEGISLATURE  FULLY
 INFORMED  ON  THE  PROGRESS  OF  DELIVERING  OF ANY CAPITAL PROJECTS, AS
 DEFINED IN SUBDIVISION TWO-A OF SECTION TWO OF THE  STATE  FINANCE  LAW,
 INCLUDING  PROJECTS RECEIVING FUNDS PURSUANT TO NEW YORK WORKS AS APPRO
 PRIATED IN THE NEW YORK STATE BUDGET FY 2012-2013:

 (A) (1) THE DEPARTMENT SHALL ANNUALLY  PROVIDE,  ON  OR  BEFORE  MARCH
 FIRST, A REPORT ON DETAILS OF ALL OF THE DEPARTMENT'S STATE SYSTEM CAPI
 TAL  PROJECTS  AND LOCAL SYSTEM CAPITAL PROJECTS, AS DEFINED IN SUBDIVI
 SION TWO-A OF SECTION TWO OF THE STATE FINANCE LAW,  INCLUDING  PROJECTS
 RECEIVING  FUNDS  PURSUANT  TO NEW YORK WORKS AS APPROPRIATED IN THE NEW
 YORK STATE BUDGET FY 2012-2013 INCLUDING, BUT NOT LIMITED TO,
 (I) THE PAYMENT OF CAPITAL COSTS, INCLUDING ACQUISITION OF REAL  PROP
 ERTY, ENGINEERING SERVICES, AND PAYMENT OF LIABILITIES INCURRED RELATING
 TO  THE  CONSTRUCTION AND IMPROVEMENT OF STATE AND LOCAL HIGHWAYS, PARK
 WAYS, BRIDGES, THE NEW YORK STATE THRUWAY, INDIAN RESERVATION ROADS, AND
 FACILITIES FOR WHICH THE RESPONSIBILITY IS VESTED WITH  THE  DEPARTMENT,
 INCLUDING WORK APPURTENANT AND ANCILLARY THERETO;
 (II)  PROJECT  COSTS  FOR CONSTRUCTION, RECONSTRUCTION, RECONDITIONING
 AND PRESERVATION, AND THE ACQUISITION OF PROPERTY;
 (III) PERSONAL SERVICES, FRINGE BENEFITS,  NONPERSONAL  SERVICES,  AND
 CONTRACT SERVICES PROVIDED BY PRIVATE FIRMS FOR ACTIVITIES INCLUDING BUT
 NOT  LIMITED  TO  THE  PREPARATION OF DESIGNS, PLANS, SPECIFICATIONS AND
 ESTIMATES;
 (IV) CONSTRUCTION MANAGEMENT AND SUPERVISION;
 (V) APPRAISALS, SURVEYS, TESTING, AND ENVIRONMENTAL IMPACT STATEMENTS;
 AND
 (VI) CONTRACTUAL ARRANGEMENTS WITH  OTHER  STATE  ENTITIES  AND  LOCAL
 ENTITIES.
 (2)  THE REPORT SHALL PROVIDE THE FOLLOWING INFORMATION ON PROJECTS BY
 EACH OF THE ELEVEN REGIONAL BRANCH OFFICES OF THE DEPARTMENT:

 (I) THE CONDITION OF STATE HIGHWAY PAVEMENTS;
 (II) THE CONDITION OF STATE BRIDGES;
 (III) CONDITION GOALS FOR STATE HIGHWAYS AND BRIDGES AT THE END OF ANY
 STATE SYSTEM CAPITAL  PROJECT  AND  LOCAL  SYSTEM  CAPITAL  PROJECT,  AS
 DEFINED  IN  SUBDIVISION  TWO-A OF SECTION TWO OF THE STATE FINANCE LAW,
 INCLUDING PROJECTS RECEIVING FUNDS PURSUANT TO NEW YORK WORKS AS  APPRO
 PRIATED IN THE NEW YORK STATE BUDGET FY 2012-2013;
 (IV) AN EXPLANATION OF ANY CHANGE TO SUCH CONDITION GOALS; AND
 (V) A SUMMARY OF THE PROPOSED PROGRAM BY TYPE OF WORK AND FUND SOURCE.
 (3)  THIS  REPORT  SHALL  BE  SUPPLEMENTED  BY THE ANNUAL REPORTING ON
 PREVENTIVE MAINTENANCE REQUIRED UNDER SECTION TEN-D OF THE HIGHWAY LAW.
 (B) THE DEPARTMENT  SHALL  PROVIDE  QUARTERLY  UPDATES,  WHICH  DETAIL
 PROJECTS  BY  EACH  OF THE ELEVEN REGIONAL BRANCH OFFICES OF THE DEPART
 MENT, ON THE FOLLOWING INFORMATION:

 
       S. 6258--C                         48
 (1) THE CURRENT LETTING PROGRAM;
 (2)  OBLIGATION  OF REBUILD AND RENEW NEW YORK TRANSPORTATION BOND ACT
 OF 2005 FUNDS AND STATE DEDICATED FUNDS; AND
 (3) OBLIGATION OF FUNDS FOR ENGINEERING SERVICES.
 (C) THE DEPARTMENT SHALL ISSUE A REPORT SEMI-ANNUALLY BY  MARCH  FIRST
 AND NOVEMBER FIRST WHICH DETAILS PROJECTS BY EACH OF THE ELEVEN REGIONAL
 BRANCH  OFFICES OF THE DEPARTMENT THAT ARE EXPECTED TO BE ADVERTISED FOR
 PUBLIC BID IN THE SUBSEQUENT SIX-MONTH PERIOD. THIS REPORT SHALL INCLUDE
 A PROJECT DESCRIPTION, PROPOSED MONTH OF LETTING, A PROJECT  IDENTIFICA
 TION  NUMBER,  AND  AN  INDICATOR  OF PROJECT SIZE. THE DEPARTMENT SHALL
 ISSUE BY JULY FIRST OF EACH YEAR A REPORT PROVIDING ACTUAL LETTING DATES
 AND CONTRACT AMOUNTS FOR EACH PROJECT LET  IN  THE  PRIOR  STATE  FISCAL
 YEAR.
 (D)  THE  DEPARTMENT SHALL PROVIDE BI-MONTHLY ELECTRONIC REPORTS WHICH
 DETAIL, BY EACH OF THE ELEVEN REGIONAL BRANCH OFFICES OF THE DEPARTMENT,
 THE STATUS OF EACH CAPITAL PROJECT, AS DEFINED IN SUBDIVISION  TWO-A  OF
 SECTION TWO OF THE STATE FINANCE LAW, INCLUDING PROJECTS RECEIVING FUNDS
 PURSUANT  TO NEW YORK WORKS AS APPROPRIATED IN THE NEW YORK STATE BUDGET
 FY 2012-2013, UNTIL THE AWARD OF A CONSTRUCTION CONTRACT.  THE  REPORTS,
 WHICH  SHALL  BEGIN  APRIL  FIRST, TWO THOUSAND TWELVE, WILL PROVIDE FOR
 EACH PROJECT:

 (1) COST ESTIMATES AND FUNDING SOURCES;
 (2) SCHEDULE FOR PHASES OF WORK INCLUDING SCOPING,  PRELIMINARY  ENGI
 NEERING, RIGHT-OF-WAY, FINAL DESIGN, AND CONSTRUCTION; AND
 (3) THE PROJECT LOCATION AND DESCRIPTION.
 (E)  (1) FOR STATE PROCESS PROJECTS SCHEDULED TO OBLIGATE CONSTRUCTION
 FUNDS UNDER NEW YORK AS APPROPRIATED IN THE NEW  YORK  STATE  BUDGET  FY
 2012-2013,  THE  DEPARTMENT  SHALL  PROVIDE SEMI-ANNUALLY BY EACH OF THE
 ELEVEN REGIONAL BRANCH OFFICES  OF  THE  DEPARTMENT,  A  LIST  OF  THOSE
 PROJECTS  THAT  HAVE EXPERIENCED "MAJOR SCHEDULE CHANGES" OR "MAJOR COST
 CHANGES" IN LETTING SCHEDULE AND/OR CONSTRUCTION COST SINCE  THE  EFFEC
 TIVE DATE OF THIS SUBDIVISION.
 (2) THE REPORT SHALL INCLUDE FOR EACH PROJECT:

 (I) PROJECT IDENTIFICATION NUMBER/DESCRIPTION;
 (II) ORIGINAL AND REVISED CONSTRUCTION COST ESTIMATES;
 (III) CHANGES IN CONSTRUCTION COST AFTER CONTRACT AWARD;
 (IV) ORIGINAL AND REVISED LETTING DATES; AND
 (V) A DETAILED EXPLANATION OF WHY THE CHANGES OCCURRED.
 (3)  FOR PURPOSES OF THIS SECTION, THE TERM "MAJOR SCHEDULE CHANGE" IS
 DEFINED AS A TWELVE-MONTH OR MORE DELAY IN THE  LETTING  DATE,  AND  THE
 TERM  "MAJOR  COST  CHANGES"  IS  DEFINED  AS A GREATER THAN TWENTY-FIVE
 PERCENT CHANGE FOR PROJECTS IN EXCESS OF FIFTEEN MILLION DOLLARS.
 (F) ON OR BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWELVE,  THE
 COMMISSIONER  SHALL  SUBMIT  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
 THE SENATE, AND THE SPEAKER OF THE ASSEMBLY A SPECIAL ADDITIONAL ASSESS
 MENT REPORT OF THE CONDITION OF THE STATE HIGHWAY AND BRIDGE SYSTEM  AND
 THE  GOALS  OF THE DEPARTMENT'S CAPITAL PROJECTS, AS DEFINED IN SUBDIVI
 SION TWO-A OF SECTION TWO OF THE STATE FINANCE LAW, AS WELL AS NEW  YORK
 WORKS  FOLLOWING  THE  DATE  OF  SUCH REPORT. SUCH REPORT SHALL DESCRIBE
 PROGRESS ON THE MEASUREMENT OF THE STATE  HIGHWAY  SYSTEM  IN  TERMS  OF
 MOBILITY  AND  RELIABILITY,  SAFETY,  ENVIRONMENTAL CONDITIONS, ECONOMIC
 SUSTAINABILITY, AND SECURITY. IT  SHALL  INCLUDE  A  DISCUSSION  ON  THE
 EFFORTS THE DEPARTMENT HAS TAKEN TO IMPROVE THE OPERATION OF THE SYSTEM.
 IT  SHALL  IDENTIFY CORRIDORS OF STATEWIDE SIGNIFICANCE AND THEIR CONDI
 TION. SUCH REPORT SHALL DESCRIBE THE ASSET MANAGEMENT SYSTEM THE DEPART
 MENT IS UTILIZING TO MANAGE THE STATE HIGHWAY  AND  BRIDGE  SYSTEM,  AND
 
       S. 6258--C                         49
 MEASUREMENTS  FOR  EVALUATING SYSTEM PERFORMANCE. SUCH REPORT SHALL ALSO
 RECOGNIZE THE IMPORTANCE OF ADDRESSING THE MOST URGENT REGIONAL NEEDS AS
 DETERMINED BY  SUCH  MEASUREMENTS  AND  EVALUATION.  SUCH  REPORT  SHALL
 INCLUDE A SECTION ON PEDESTRIAN AND BICYCLE SAFETY, INCLUDING AN ASSESS
 MENT  OF THE ADEQUACY OF DATA AND RECOMMENDATIONS ON ACTIONS AND INVEST
 MENTS THAT SHOULD BE UNDERTAKEN TO IMPROVE THE SAFETY OF PEDESTRIANS AND
 BICYCLISTS UTILIZING THE TRANSPORTATION SYSTEM IN NEW YORK STATE.  NOTH
 ING  CONTAINED  HEREIN  SHALL BE DEEMED TO SUPERSEDE ANY OTHER REPORTING
 REQUIREMENTS OTHERWISE IMPOSED UPON THE  DEPARTMENT  BY  LAW,  RULE,  OR
 REGULATION.
 

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

Section 1. Subdivision 1 of section 310 of the executive law, as added
 by chapter 261 of the laws of 1988, is amended to read as follows:

 1.  "Certified  business" shall mean a business verified as a minority
 [or women-owned], WOMEN OR VETERAN-OWNED business enterprise pursuant to
 section three hundred fourteen of this article.
 

S 2.

Section 310 of the executive law is amended  by  adding  two  new
 subdivisions 23 and 24 to read as follows:

 23.  "VETERAN"  SHALL MEAN A RESIDENT OF THIS STATE, WHO HAS SERVED ON
 ACTIVE DUTY IN THE UNITED STATES ARMY, NAVY, AIR  FORCE,  MARINE  CORPS,
 COAST GUARD AND/OR RESERVES THEREOF, AND/OR THE ARMY NATIONAL GUARD, AIR
 NATIONAL  GUARD,  NEW  YORK GUARD AND/OR THE NEW YORK NAVAL MILITIA, AND
 WHO IS CURRENTLY IN SERVICE, OR HAS BEEN RELEASED FROM SUCH  SERVICE  BY
 HONORABLE  DISCHARGE,  OR WHO HAS BEEN FURLOUGHED TO THE RESERVE AND WHO
 SERVED IN A WAR, ARMED CONFLICT AND/OR OTHER HOSTILITIES.
 24. "VETERAN-OWNED BUSINESS ENTERPRISE" SHALL MEAN A  BUSINESS  ENTER
 PRISE,  INCLUDING  A  SOLE  PROPRIETORSHIP,  PARTNERSHIP, CORPORATION OR
 LIMITED LIABILITY COMPANY THAT IS:

 (A) AT LEAST FIFTY-ONE PERCENT OWNED BY A VETERAN;
 (B) AN ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP IS REAL, SUBSTANTIAL
 AND CONTINUING;
 (C) AN ENTERPRISE IN WHICH SUCH VETERAN OWNERSHIP  HAS  AND  EXERCISES
 THE AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-TO-DAY BUSINESS DECISIONS
 OF THE ENTERPRISE;
 (D)  AN  ENTERPRISE  AUTHORIZED TO DO BUSINESS IN THIS STATE AND INDE
 PENDENTLY OWNED AND OPERATED;
 (E) AN ENTERPRISE OWNED BY AN INDIVIDUAL OR INDIVIDUALS, WHOSE  OWNER
 SHIP,  CONTROL  AND  OPERATION ARE RELIED UPON FOR CERTIFICATION, WITH A
 PERSONAL NET WORTH THAT DOES NOT EXCEED THREE MILLION FIVE HUNDRED THOU
 SAND DOLLARS, AS ADJUSTED ANNUALLY ON THE FIRST OF JANUARY FOR INFLATION
 ACCORDING TO THE CONSUMER PRICE INDEX OF THE PREVIOUS YEAR; AND
 (F) AN ENTERPRISE THAT IS A SMALL  BUSINESS  PURSUANT  TO  SUBDIVISION
 TWENTY OF THIS SECTION.
 

S  3.  Subdivision 1 and paragraph (a) of subdivision 3 of section 311
 of the executive law, subdivision 1 as amended by chapter 55 of the laws
 of 1992 and paragraph (a) of subdivision 3 as added by  chapter  261  of
 the laws of 1988, are amended to read as follows:

 1.  The head of the division of minority and women's business develop
 ment shall be the director who shall be appointed by  the  governor  and
 hold office at the pleasure of the commissioner. It shall be the duty of
 the  director  of the division of minority and women's business develop
 ment to assist the governor in the  formulation  and  implementation  of
 
       S. 6258--C                         50
 laws  and  policies  relating  to  minority [and women-owned], WOMEN AND
 VETERAN-OWNED business enterprises.
 (a)  to  encourage and assist contracting agencies in their efforts to
 increase participation by minority [and women-owned], WOMEN  AND  VETER
 AN-OWNED  business enterprises on state contracts and subcontracts so as
 to facilitate the award of a fair share of such contracts to them;
 

S 4.

Section 313 of the executive law  is  amended  by  adding  a  new
 subdivision 1-c to read as follows:

 1-C.  THE DIRECTOR SHALL ESTABLISH GOALS AND REQUIREMENTS FOR AGENCIES
 AND CONTRACTORS. EACH AGENCY SHALL STRUCTURE PROCUREMENT PROCEDURES  FOR
 CONTRACTS  MADE  DIRECTLY OR INDIRECTLY TO VETERAN-OWNED BUSINESS ENTER
 PRISES IN ACCORDANCE WITH SUCH  GOALS  AND  REQUIREMENTS.  THE  DIRECTOR
 SHALL PROMULGATE RULES AND REGULATIONS PURSUANT TO THE GOALS ESTABLISHED
 THAT   PROVIDE   MEASURES   AND  PROCEDURES  TO  ENSURE  THAT  CERTIFIED
 VETERAN-OWNED BUSINESSES SHALL BE  GIVEN  THE  OPPORTUNITY  FOR  MAXIMUM
 FEASIBLE  PARTICIPATION  IN  THE  PERFORMANCE  OF STATE CONTRACTS AND TO
 ASSIST IN THE AGENCY'S IDENTIFICATION OF THOSE STATE CONTRACTS FOR WHICH
 VETERAN-OWNED CERTIFIED BUSINESSES MAY BEST BID TO ACTIVELY AND AFFIRMA
 TIVELY PROMOTE AND ASSIST THEIR  PARTICIPATION  IN  THE  PERFORMANCE  OF
 STATE  CONTRACTS  SO  AS  TO  FACILITATE THE AGENCY'S ACHIEVEMENT OF THE
 MAXIMUM FEASIBLE PORTION OF THE GOALS FOR STATE CONTRACTS TO SUCH  BUSI
 NESSES.
 

S  5.  Paragraphs  (a), (b), (d), (e), (f), (g) and (h) of subdivision
 2-a of section 313 of the executive law, as added by chapter 175 of  the
 laws of 2010, are amended to read as follows:

 (a) provide for the certification and decertification of minority [and
 women-owned], WOMEN AND VETERAN-OWNED business enterprises for all agen
 cies through a single process that meets applicable requirements;
 (b) require that each contract solicitation document accompanying each
 solicitation   set   forth   the   expected   degree  of  minority  [and
 women-owned], WOMEN AND VETERAN-OWNED business enterprise  participation
 based, in part, on:

 (i)  the  potential  subcontract  opportunities available in the prime
 procurement contract; and
 (ii) the availability, as contained within  the  study,  of  certified
 minority [and women-owned], WOMEN AND VETERAN-OWNED business enterprises
 to respond competitively to the potential subcontract opportunities;
 (d)  allow  a  contractor  that  is  a  certified minority-owned [or],
 women-owned, OR VETERAN-OWNED business enterprise to  use  the  work  it
 performs  to meet requirements for use of certified minority-owned [or],
 women-owned, OR VETERAN-OWNED business enterprises as subcontractors;
 (e) provide for joint ventures, which a bidder may count toward  meet
 ing  its  minority  [and  women-owned], WOMEN AND VETERAN-OWNED business
 enterprise participation;
 (f) consistent with subdivision  six  of  this  section,  provide  for
 circumstances  under  which  an  agency  may  waive  obligations  of the
 contractor  relating  to   minority   [and   women-owned],   WOMEN   AND
 VETERAN-OWNED business enterprise participation;
 (g)  require  that  an  agency verify that minority [and women-owned],
 WOMEN AND VETERAN-OWNED business enterprises listed in a successful  bid
 are actually participating to the extent listed in the project for which
 the bid was submitted;
 (h)  provide  for  the  collection  of statistical data by each agency
 concerning actual minority [and women-owned],  WOMEN  AND  VETERAN-OWNED
 business enterprise participation; and
 
       S. 6258--C                         51
 

S  6.  Paragraph  (a) of subdivision 5 of section 313 of the executive
 law, as amended by chapter 175 of the laws of 2010, is amended  to  read
 as follows:

 (a)  Contracting  agencies  shall administer the rules and regulations
 promulgated by the director in a good faith effort to meet  the  maximum
 feasible  portion of the agency's goals adopted pursuant to this article
 and the regulations of the director. Such rules and  regulations:  shall
 require a contractor to submit a utilization plan after bids are opened,
 when  bids  are  required,  but  prior to the award of a state contract;
 shall require the contracting agency  to  review  the  utilization  plan
 submitted  by  the  contractor  and to post the utilization plan and any
 waivers of compliance issued pursuant to subdivision six of this section
 on the website of the contracting agency within a reasonable  period  of
 time as established by the director; shall require the contracting agen
 cy to notify the contractor in writing within a period of time specified
 by  the  director  as  to any deficiencies contained in the contractor's
 utilization plan; shall require remedy thereof within a period  of  time
 specified  by the director; shall require the contractor to submit peri
 odic compliance reports relating to the operation and implementation  of
 any  utilization  plan;  shall not allow any automatic waivers but shall
 allow a contractor to apply for a partial or total waiver of the minori
 ty  [and  women-owned],  WOMEN  AND  VETERAN-OWNED  business  enterprise
 participation  requirements  pursuant  to  subdivisions six and seven of
 this section; shall allow a contractor to  file  a  complaint  with  the
 director  pursuant  to  subdivision eight of this section in the event a
 contracting agency has failed or refused to issue a waiver of the minor
 ity [and  women-owned],  WOMEN  AND  VETERAN-OWNED  business  enterprise
 participation  requirements or has denied such request for a waiver; and
 shall allow a contracting agency to file a complaint with  the  director
 pursuant  to  subdivision nine of this section in the event a contractor
 is failing or has failed to comply with the minority [and  women-owned],
 WOMEN  AND  VETERAN-OWNED business enterprise participation requirements
 set forth in the state contract where no waiver has been granted.
 

S 7. Subdivisions 6, 7 and 9 of section 313 of the executive  law,  as
 amended  by  chapter  175  of  the  laws  of 2010 are amended to read as
 follows:

 6. Where it appears that a  contractor  cannot,  after  a  good  faith
 effort,   comply   with   the  minority  [and  women-owned],  WOMEN  AND
 VETERAN-OWNED business enterprise participation requirements  set  forth
 in a particular state contract, a contractor may file a written applica
 tion with the contracting agency requesting a partial or total waiver of
 such  requirements  setting  forth  the  reasons  for  such contractor's
 inability to meet any or all of the participation requirements  together
 with  an  explanation  of  the  efforts  undertaken by the contractor to
 obtain the required minority [and women-owned], WOMEN AND  VETERAN-OWNED
 business  enterprise  participation.  In  implementing the provisions of
 this section, the contracting agency shall consider the number and types
 of minority [and women-owned], WOMEN AND VETERAN-OWNED  business  enter
 prises  located  in  the  region  in  which  the state contract is to be
 performed, the total dollar value of the state contract,  the  scope  of
 work  to  be  performed and the project size and term. If, based on such
 considerations, the contracting agency determines there is not a reason
 able availability of contractors on the list of  certified  business  to
 furnish  services for the project, it shall issue a waiver of compliance
 to the contractor. In making such determination, the contracting  agency
 shall  first  consider  the  availability  of other business enterprises
 
       S. 6258--C                         52
 located in the region and shall thereafter consider the financial abili
 ty of minority [and women-owned],  WOMEN  AND  VETERAN-OWNED  businesses
 located  outside  the region in which the contract is to be performed to
 perform the state contract.
 7.  For  purposes  of  determining a contractor's good faith effort to
 comply with the requirements of this section or  to  be  entitled  to  a
 waiver therefrom the contracting agency shall consider:

 (a)  whether  the  contractor  has  advertised  in general circulation
 media, trade association publications, and minority-focus and  women-fo
 cus  media and, in such event, (i) whether or not certified minority [or
 women-owned], WOMEN OR VETERAN-OWNED businesses which have been solicit
 ed by the contractor exhibited interest in submitting  proposals  for  a
 particular project by attending a pre-bid conference; and
 (ii)  whether  certified  businesses  which have been solicited by the
 contractor have responded in a timely fashion to the contractor's solic
 itations for timely competitive bid quotations prior to the  contracting
 agency's bid date; and
 (b)  whether there has been written notification to appropriate certi
 fied businesses that appear in the  directory  of  certified  businesses
 prepared pursuant to paragraph (f) of subdivision three of section three
 hundred eleven of this article; and
 (c) whether the contractor can reasonably structure the amount of work
 to  be  performed under subcontracts in order to increase the likelihood
 of participation by certified businesses.
 9. If, after the review of a contractor's minority [and women  owned],
 WOMEN AND VETERAN-OWNED business utilization plan or review of a period
 ic  compliance  report  and  after  such contractor has been afforded an
 opportunity to respond to a notice of deficiency issued by the contract
 ing agency in connection therewith, it  appears  that  a  contractor  is
 failing or refusing to comply with the minority [and women-owned], WOMEN
 OR VETERAN-OWNED business participation requirements as set forth in the
 state  contract  and  where  no  waiver  from such requirements has been
 granted, the contracting agency may file a written  complaint  with  the
 director  pursuant  to  section  three  hundred  sixteen of this article
 setting forth the facts and circumstances giving rise to the contracting
 agency's complaint together with a demand for relief.   The  contracting
 agency  shall  serve  a  copy  of  such complaint upon the contractor by
 personal service or by certified mail,  return  receipt  requested.  The
 contractor shall be afforded an opportunity to respond to such complaint
 in writing.
 

S  8.  Subdivision  2 of section 314 of the executive law, as added by
 chapter 261 of the laws of 1988, is amended to read as follows:

 2. For the purposes of this article, the office shall  be  responsible
 for  verifying  businesses  as  being owned, operated, and controlled by
 minority group members [or], women OR VETERANS and for  certifying  such
 verified businesses. The director shall prepare a directory of certified
 businesses  for  use by contracting agencies and contractors in carrying
 out the provisions of this  article.  The  director  shall  periodically
 update the directory.
 

S  9.  Subdivisions 3, 4, 5 and 7 of section 315 of the executive law,
 subdivision 3 as amended and subdivisions 4, 5 and 7 as added by chapter
 175 of the laws of 2010, are amended to read as follows:

 3. Each contracting agency shall report to the director  with  respect
 to activities undertaken to promote employment of minority group members
 [and],  women  AND  VETERANS  and  promote and increase participation by
 certified businesses with respect to state contracts  and  subcontracts.
 
       S. 6258--C                         53
 Such  reports  shall  be submitted periodically, but not less frequently
 than annually, as required by  the  director,  and  shall  include  such
 information  as  is  necessary for the director to determine whether the
 contracting  agency  and  contractor  have complied with the purposes of
 this article, including, without limitation, a summary of all waivers of
 the requirements of subdivisions six and seven of section three  hundred
 thirteen  of  this  article allowed by the contracting agency during the
 period covered by the report, including a description of  the  basis  of
 the  waiver request and the rationale for granting any such waiver. Each
 agency shall also include in such annual report whether or  not  it  has
 been  required  to prepare a remedial plan, and, if so, the plan and the
 extent to which the agency has complied with each element of the plan.
 4. The division of minority and  women's  business  development  shall
 issue  an  annual  report  which: (a) summarizes the report submitted by
 each contracting agency pursuant to subdivision three of  this  section;
 (b) contains such comparative or other information as the director deems
 appropriate,  including  but  not  limited  to  goals compared to actual
 participation of minority [and  women-owned],  WOMEN  AND  VETERAN-OWNED
 business enterprises in state contracting, to evaluate the effectiveness
 of  the activities undertaken by each such contracting agency to promote
 increased participation by certified minority [or women-owned], WOMEN OR
 VETERAN-OWNED businesses with respect to  state  contracts  and  subcon
 tracts;  (c)  contains  a  summary of all waivers of the requirements of
 subdivisions six and seven of section three  hundred  thirteen  of  this
 article  allowed by each contracting agency during the period covered by
 the report, including a description of the basis of the  waiver  request
 and the contracting agency's rationale for granting any such waiver; (d)
 describes  any efforts to create a database or other information storage
 and retrieval system containing information relevant to contracting with
 minority [and women-owned],  WOMEN  AND  VETERAN-OWNED  business  enter
 prises;  and  (e)  contains  a  summary  of  (i)  all  determinations of
 violations of this article by a contractor or a contracting agency  made
 during the period covered by the annual report pursuant to section three
 hundred  sixteen-a  of this article and (ii) the penalties or sanctions,
 if any, assessed in connection with such determinations and the  ration
 ale  for  such penalties or sanctions. Copies of the annual report shall
 be provided to the commissioner,  the  governor,  the  comptroller,  the
 temporary  president  of  the  senate,  the speaker of the assembly, the
 minority leader of the senate, the minority leader of the  assembly  and
 shall  also  be  made  widely  available  to the public via, among other
 things, publication on a website maintained by the division of  minority
 and women's business development.
 5.  Each agency shall include in its annual report to the governor and
 legislature pursuant to section one hundred sixty-four of the  executive
 law  its  annual  goals  for contracts with minority-owned [and], women
 owned, AND VETERAN-OWNED business  enterprises,  the  number  of  actual
 contracts issued to minority-owned [and], women-owned, AND VETERAN-OWNED
 business  enterprises;  and a summary of all waivers of the requirements
 of subdivisions six and seven of section three hundred thirteen of  this
 article  allowed  by  the  reporting  agency  during the preceding year,
 including a description of the basis  of  the  waiver  request  and  the
 rationale  for  granting  such waiver. Each agency shall also include in
 such annual report whether or not it has  been  required  to  prepare  a
 remedial  plan,  and, if so, the plan and the extent to which the agency
 has complied with each element of the plan.
 
       S. 6258--C                         54
 7.  If it is determined by the director that any agency has failed  to
 act  in  good  faith  to implement the remedial action plan, pursuant to
 subdivision six of this section within  one  year,  the  director  shall
 provide written notice of such a finding, which shall be publicly avail
 able, and direct implementation of remedial actions to:

 (a) assure that sufficient and effective solicitation efforts to women
 [and  minority-owned],  MINORITY  AND VETERAN-OWNED business enterprises
 are being made by said agency;
 (b) divide contract requirements,  when  economically  feasible,  into
 quantities  that  will  expand the participation of women [and minority-
 owned], MINORITY AND VETERAN-OWNED business enterprises;
 (c) eliminate extended experience or capitalization requirements, when
 programmatically and economically feasible,  that  will  expand  partic
 ipation  by women [and minority-owned], MINORITY AND VETERAN-OWNED busi
 ness enterprises;
 (d) identify specific proposed contracts as particularly attractive or
 appropriate for participation by women  [and  minority-owned],  MINORITY
 AND  VETERAN-OWNED  business  enterprises  with  such  identification to
 result from and be coupled with the efforts of paragraphs (a), (b),  and
 (c) of this subdivision; and
 (e)  upon  a finding by the director that an agency has failed to take
 affirmative measures to implement the remedial plan and to follow any of
 the remedial actions set forth by the director, and in  the  absence  of
 any  objective  progress towards the agency's goals, require some or all
 of the agency's procurement, for a specified period of time,  be  placed
 under the direction and control of another agency or agencies.
 

S  10. 

Section 316 of the executive law, as amended by chapter 175 of
 the laws of 2010, is amended to read as follows:

 

S 316. Enforcement. Upon receipt by the director of a complaint  by  a
 contracting  agency  that  a contractor has violated the provisions of a
 state contract which have been included to comply with the provisions of
 this article or of a contractor that a contracting agency  has  violated
 such provisions or has failed or refused to issue a waiver where one has
 been  applied  for  pursuant to subdivision six of section three hundred
 thirteen of this article or has denied such  application,  the  director
 shall  attempt  to  resolve the matter giving rise to such complaint. If
 efforts to resolve such matter to the satisfaction of  all  parties  are
 unsuccessful, the director shall refer the matter, within thirty days of
 the  receipt  of the complaint, to the division's hearing officers. Upon
 conclusion of the administrative  hearing,  the  hearing  officer  shall
 submit  to  the  director  his  or  her  decision  regarding the alleged
 violation of the contract and recommendations regarding  the  imposition
 of  sanctions,  fines  or  penalties.  The  director, within ten days of
 receipt of the decision, shall file a determination of such  matter  and
 shall cause a copy of such determination along with a copy of this arti
 cle to be served upon the contractor by personal service or by certified
 mail return receipt requested. The decision of the hearing officer shall
 be  final  and  may  only  be vacated or modified as provided in article
 seventy-eight of the civil practice law and rules  upon  an  application
 made  within the time provided by such article. The determination of the
 director as to the imposition of any fines, sanctions or penalties shall
 be reviewable pursuant to article seventy-eight of  the  civil  practice
 law and rules. The penalties imposed for any violation which is premised
 upon  either  a  fraudulent  or  intentional  misrepresentation  by  the
 contractor or the contractor's willful and intentional disregard of  the
 minority   [and  women-owned],  WOMEN  AND  VETERAN-OWNED  participation
 
       S. 6258--C                         55
 requirement included in the contract may include  a  determination  that
 the  contractor  shall  be ineligible to submit a bid to any contracting
 agency or be awarded any such contract for a period not  to  exceed  one
 year  following the final determination; provided however, if a contrac
 tor has previously been determined to be  ineligible  to  submit  a  bid
 pursuant  to  this  section,  the  penalties  imposed for any subsequent
 violation, if such violation occurs  within  five  years  of  the  first
 violation,  may  include  a  determination  that the contractor shall be
 ineligible to submit a bid to any contracting agency or be  awarded  any
 such  contract for a period not to exceed five years following the final
 determination. The division of minority and women's business development
 shall maintain a website listing all contractors that have  been  deemed
 ineligible  to  submit a bid pursuant to this section and the date after
 which each contractor shall once again become eligible to submit bids.
 

S 11.

Section 316-a of the executive law, as added by chapter  175  of
 the laws of 2010, is amended to read as follows:

 

S  316-a.  Prohibitions  in  contracts;  violations. Every contracting
 agency shall include  a  provision  in  its  state  contracts  expressly
 providing  that  any contractor who willfully and intentionally fails to
 comply with the minority  [and  women-owned],  WOMEN  AND  VETERAN-OWNED
 participation  requirements  of  this article as set forth in such state
 contract shall be liable to the contracting  agency  for  liquidated  or
 other  appropriate damages and shall provide for other appropriate reme
 dies on account of such breach. A  contracting  agency  that  elects  to
 proceed  against a contractor for breach of contract as provided in this
 section shall be precluded from seeking enforcement pursuant to  section
 three  hundred  sixteen  of  this  article;  provided  however, that the
 contracting agency shall include a summary of  all  enforcement  actions
 undertaken  pursuant  to  this  section  in  its annual report submitted
 pursuant to subdivision three of section three hundred fifteen  of  this
 article.
 

S 12. This act shall take effect immediately, provided that the amend
 ments to article 15-A of the executive law, made by sections one through
 eleven  of this act, shall not affect the expiration of such article and
 shall expire therewith.
 PART NN
 

Section 1. Short title.  This act shall be known as the  "western  New
 York power proceeds allocation act".
 

S  2.  The economic development law is amended by adding a new article
 6-A to read as follows:

 ARTICLE 6-A
 WESTERN NEW YORK POWER PROCEEDS ALLOCATION ACT
 SECTION 189-A. DEFINITIONS.
 189-B. THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD.
 189-C. GENERAL POWERS AND DUTIES OF THE BOARD.
 189-D. RULES AND REGULATIONS.
 

S 189-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOWING
 TERMS  SHALL  HAVE  THE FOLLOWING MEANINGS:  1. "AUTHORITY" IS THE POWER
 AUTHORITY OF THE STATE OF NEW YORK.
 2. "BOARD" IS THE WESTERN NEW YORK  POWER  PROCEEDS  ALLOCATION  BOARD
 CREATED BY THIS ARTICLE.
 3.  "BENEFITS"  OR "FUND BENEFITS" ARE PAYMENTS TO APPLICANTS SELECTED
 IN ORDER TO FUND ELIGIBLE PROJECTS WITH MONIES DERIVED FROM NET EARNINGS
 
       S. 6258--C                         56
 THAT HAVE BEEN DEPOSITED INTO THE WESTERN NEW YORK ECONOMIC  DEVELOPMENT
 FUND.
 4.  "ELIGIBLE  PROJECTS"  ARE  ECONOMIC  DEVELOPMENT PROJECTS THAT ARE
 LOCATED WITHIN A THIRTY-MILE RADIUS OF THE NIAGARA POWER PROJECT LOCATED
 IN LEWISTON, NEW YORK THAT WILL SUPPORT THE GROWTH OF BUSINESSES IN  THE
 STATE  AND  THEREBY  LEAD TO THE CREATION OR MAINTENANCE OF JOBS AND TAX
 REVENUES FOR THE STATE.  ELIGIBLE PROJECTS MAY INCLUDE  CAPITAL  INVEST
 MENTS  IN  PLANT AND EQUIPMENT, AND ASSOCIATED BUILDINGS AND INFRASTRUC
 TURE (COLLECTIVELY, "INFRASTRUCTURE") OWNED BY  AN  APPLICANT  FOR  FUND
 BENEFITS,  INCLUDING  TRANSPORTATION  PROJECTS  UNDER STATE OR FEDERALLY
 APPROVED PLANS; THE  ACQUISITION  OF  LAND  NEEDED  FOR  INFRASTRUCTURE;
 RESEARCH AND DEVELOPMENT WHERE THE RESULTS OF SUCH RESEARCH AND DEVELOP
 MENT  WILL  DIRECTLY  BENEFIT  NEW  YORK  STATE; SUPPORT FOR TOURISM AND
 MARKETING AND ADVERTISING EFFORTS FOR WESTERN NEW YORK STATE TOURISM AND
 BUSINESS AND FOR OTHER SIMILAR USES AND ACTIVITIES;  AND  ENERGY-RELATED
 PROJECTS.    ELIGIBLE PROJECTS DO NOT INCLUDE, AND FUND BENEFITS MAY NOT
 BE USED FOR, PUBLIC INTEREST  ADVERTISING  OR  ADVOCACY;  LOBBYING;  THE
 SUPPORT OR OPPOSITION OF ANY CANDIDATE FOR PUBLIC OFFICE; THE SUPPORT OR
 OPPOSITION  TO ANY PUBLIC ISSUE; LEGAL FEES RELATED TO LITIGATION OF ANY
 KIND; EXPENSES RELATED TO ADMINISTRATIVE  PROCEEDINGS  BEFORE  STATE  OR
 LOCAL  AGENCIES;  RETAIL  BUSINESSES  AS DEFINED BY THE BOARD, INCLUDING
 WITHOUT LIMITATION, SPORTS VENUES, GAMING  AND  GAMBLING  OR  ENTERTAIN
 MENT-RELATED  ESTABLISHMENTS, RESIDENTIAL PROPERTIES, OR PLACES OF OVER
 NIGHT ACCOMMODATION; OR FOR SIMILAR USES OR ACTIVITIES.
 5. "ENERGY-RELATED PROJECTS, PROGRAMS AND  SERVICES"  SHALL  HAVE  THE
 SAME  MEANING  AS  SUCH TERM IS DEFINED IN SUBPARAGRAPH TWO OF PARAGRAPH
 (B) OF SUBDIVISION SEVENTEEN OF SECTION ONE THOUSAND FIVE OF THE  PUBLIC
 AUTHORITIES LAW.
 6.  "EXPANSION  POWER"  IS  THE  TWO  HUNDRED  FIFTY MEGAWATTS OF FIRM
 NIAGARA PROJECT HYDROELECTRIC POWER AND "REPLACEMENT POWER" IS THE  FOUR
 HUNDRED FORTY-FIVE MEGAWATTS OF FIRM NIAGARA PROJECT HYDROELECTRIC POWER
 AS  SUCH  TERMS ARE DEFINED IN SUBDIVISION THIRTEEN OF SECTION ONE THOU
 SAND FIVE OF THE PUBLIC AUTHORITIES LAW. FOR PURPOSES OF  THIS  SECTION,
 EXPANSION AND REPLACEMENT POWER INCLUDES THE ENERGY ASSOCIATED WITH SUCH
 POWER.    NOTWITHSTANDING  ANY  LAW,  RULE, REGULATION, OR POLICY TO THE
 CONTRARY, AS OF THE FIRST DAY OF JULY,  TWO  THOUSAND  TWELVE  THE  TERM
 REPLACEMENT  POWER  AS  USED  IN THIS ARTICLE INCLUDES A CERTAIN SEVENTY
 MEGAWATTS OF POWER THAT IS REFERRED TO IN SECTION ONE THOUSAND  FIVE  OF
 THE PUBLIC AUTHORITIES LAW.
 7.  "NET EARNINGS" IS THE AGGREGATE EXCESS OF REVENUES RECEIVED BY THE
 POWER AUTHORITY OF THE STATE OF NEW YORK FROM THE SALE OF EXPANSION  AND
 REPLACEMENT  POWER  AND  ENERGY PRODUCED AT THE NIAGARA PROJECT THAT WAS
 SOLD IN THE WHOLESALE ENERGY MARKET OVER WHAT REVENUES WOULD  HAVE  BEEN
 RECEIVED HAD SUCH ENERGY BEEN SOLD ON A FIRM BASIS TO AN ELIGIBLE EXPAN
 SION  OR  REPLACEMENT  POWER  CUSTOMER  UNDER  THE  APPLICABLE TARIFF OR
 CONTRACT.
 8. "WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND" OR "FUND" IS A FUND OF
 THE AUTHORITY INTO WHICH ALL NET EARNINGS ARE DEPOSITED BY THE AUTHORITY
 AND FROM WHICH ALLOCATIONS OF FUND BENEFITS TO ELIGIBLE PROJECTS MAY  BE
 MADE.
 

S  189-B.  THE  WESTERN  NEW  YORK POWER PROCEEDS ALLOCATION BOARD. 1.
 THERE IS HEREBY CREATED THE WESTERN NEW YORK POWER  PROCEEDS  ALLOCATION
 BOARD,  WHICH SHALL POSSESS THE POWERS AND DUTIES HEREIN SPECIFIED.  THE
 BOARD SHALL CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVER
 NOR AS FOLLOWS:  ONE OF WHOM SHALL BE APPOINTED UPON THE  RECOMMENDATION
 OF  THE  TEMPORARY  PRESIDENT  OF THE SENATE AND SHALL RESIDE WITHIN THE
 
       S. 6258--C                         57
 THIRTY MILE RADIUS OF THE NIAGARA POWER PROJECT AND ONE OF WHOM SHALL BE
 APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER  OF  THE  ASSEMBLY  AND
 SHALL RESIDE WITHIN THE THIRTY MILE RADIUS OF THE NIAGARA POWER PROJECT.
 AT  LEAST ONE ADDITIONAL MEMBER SHALL ALSO RESIDE WITHIN THE THIRTY MILE
 RADIUS OF THE NIAGARA POWER PROJECT.   THE GOVERNOR  SHALL  DESIGNATE  A
 CHAIR FROM AMONGST THE BOARD'S MEMBERS.
 2.  EACH  MEMBER SHALL SERVE A TERM OF FIVE YEARS OR UNTIL A SUCCESSOR
 SHALL HAVE BEEN NAMED AND  QUALIFIED.  MEMBERS  MAY  BE  REAPPOINTED  TO
 SUCCESSIVE TERMS.
 3.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THREE
 MEMBERS SHALL CONSTITUTE A QUORUM FOR THE  PURPOSES  OF  ORGANIZING  THE
 BOARD  AND  CONDUCTING  THE BUSINESS THEREOF; AND NO ACTION OF THE BOARD
 MAY BE TAKEN EXCEPT UPON AN AFFIRMATIVE VOTE OF AT LEAST THREE-FIFTHS OF
 THE FULL BOARD MEMBERSHIP AT ANY MEETING AT WHICH AT LEAST THREE MEMBERS
 ARE PRESENT OR PARTICIPATING BY  VIDEOCONFERENCING.    VIDEOCONFERENCING
 MAY BE USED FOR ATTENDANCE AND PARTICIPATION BY MEMBERS OF THE BOARD. IF
 VIDEOCONFERENCING  IS  USED,  THE BOARD SHALL PROVIDE AN OPPORTUNITY FOR
 THE PUBLIC TO ATTEND, LISTEN AND OBSERVE AT ANY SITE AT WHICH  A  MEMBER
 PARTICIPATES. THE PUBLIC NOTICE FOR THE MEETING SHALL IDENTIFY, IF PRAC
 TICABLE, ALL LOCATIONS WHERE A MEMBER WILL PARTICIPATE IN THE MEETING BY
 VIDEOCONFERENCE  AND SHALL STATE THAT THE PUBLIC HAS THE RIGHT TO ATTEND
 THE MEETING AT ANY SUCH LOCATION.
 4. MEMBERS OF THE BOARD, EXCEPT THOSE THAT ARE EMPLOYEES  OR  OFFICERS
 OF THE STATE, ITS AUTHORITIES OR AGENCIES, SHALL NOT RECEIVE A SALARY OR
 OTHER  COMPENSATION,  BUT  SHALL  BE  ALLOWED  THE  NECESSARY AND ACTUAL
 EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES UNDER THIS ARTICLE.
 

S 189-C. GENERAL POWERS AND DUTIES OF THE BOARD. 1.  THE  BOARD  SHALL
 ADOPT RULES AND REGULATIONS RELATING TO THE ACTIVITIES OF THE BOARD.
 2.  THE BOARD SHALL ADOPT RULES AND REGULATIONS AND ESTABLISH A PROCE
 DURE FOR REVIEWING APPLICATIONS FOR AN ALLOCATION OF FUND BENEFITS  THAT
 SHALL  INCLUDE  A  REVIEW  OF APPLICATIONS NO LESS FREQUENTLY THAN TWICE
 EACH YEAR.   THE BOARD, OR A  MEMBER  DESIGNATED  BY  THE  BOARD,  SHALL
 RECEIVE  ALL  APPLICATIONS  FROM,  OR  ON BEHALF OF, APPLICANTS FOR FUND
 BENEFITS. APPLICATIONS SHALL BE IN A FORM AND CONTAIN SUCH  INFORMATION,
 DATA  AND EXHIBITS AS THE BOARD, IN CONSULTATION WITH THE AUTHORITY, MAY
 PRESCRIBE.
 3.  THE BOARD MAY REQUEST FROM THE AUTHORITY AND  THE  CORPORATION  AN
 ANALYSIS  OF  ALL  SUCH  APPLICATIONS ALONG WITH ANY RECOMMENDATIONS. IN
 ADDITION, THE BOARD MAY REQUEST, IN WHICH CASE AND THE AUTHORITY AND THE
 CORPORATION SHALL SUPPLY, SUCH ADDITIONAL INFORMATION AS  IS  REASONABLY
 NECESSARY FOR THE BOARD TO PERFORM ITS DUTIES.
 4.  IN  EVALUATING APPLICATIONS FOR FUND BENEFITS, THE BOARD SHALL USE
 THE CRITERIA FOR ELIGIBILITY FOR EXPANSION, REPLACEMENT AND PRESERVATION
 POWER, AND FOR REVITALIZATION OF INDUSTRY, PROVIDED IN SECTION ONE THOU
 SAND FIVE OF THE PUBLIC AUTHORITIES LAW. IN ADDITION,  THE  BOARD  SHALL
 CONSIDER  THE  EXTENT  TO  WHICH AN AWARD OF FUND BENEFITS IS CONSISTENT
 WITH ANY REGIONAL ECONOMIC DEVELOPMENT COUNCIL  STRATEGIES  AND  PRIORI
 TIES.  THE  BOARD  SHALL  ISSUE  A WRITTEN STATEMENT OF ITS FINDINGS AND
 CONCLUSIONS FOR EACH APPLICATION REVIEWED.
 5. THE BOARD SHALL RECOMMEND TO THE CORPORATION THE ALLOCATION OF FUND
 BENEFITS TO ELIGIBLE PROJECTS THAT THE  BOARD  BELIEVES  BEST  MEET  THE
 APPLICABLE  CRITERIA IN SUBDIVISION FOUR OF THIS SECTION.  THE BOARD MAY
 INCLUDE WITHIN ITS RECOMMENDATIONS SUCH TERMS AND CONDITIONS AS IT DEEMS
 APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, REASONABLE PROVISION FOR THE
 ALLOCATION OF FUND BENEFITS OVER TIME AS THE  APPLICANT  ACHIEVES  MILE
 STONES TOWARDS PROJECT COMPLETION, THE PARTIAL OR COMPLETE WITHDRAWAL OR
 
       S. 6258--C                         58
 RETURN  OF  FUND  BENEFITS  WHERE THE RECIPIENT HAS FAILED TO ACHIEVE OR
 MAINTAIN MUTUALLY AGREED UPON  COMMITMENTS,  OR  SUCH  OTHER  TERMS  AND
 CONDITIONS AS THE BOARD DEEMS ADVISABLE.
 6.  A  RECOMMENDATION  BY THE BOARD THAT AN APPLICANT RECEIVE AN ALLO
 CATION OF FUND BENEFITS SHALL BE A PREREQUISITE  TO  AN  AWARD  OF  FUND
 BENEFITS  BY  THE AUTHORITY.  THE AUTHORITY SHALL AWARD FUND BENEFITS TO
 AN APPLICANT UPON A RECOMMENDATION OF THE BOARD, PROVIDED  HOWEVER  THAT
 UPON  A SHOWING OF GOOD CAUSE, THE AUTHORITY SHALL HAVE DISCRETION AS TO
 WHETHER TO ADOPT THE BOARD'S RECOMMENDATION, OR TO AWARD BENEFITS  IN  A
 DIFFERENT  AMOUNT  AND  ON  DIFFERENT  TERMS  AND  CONDITIONS THAN THOSE
 CONTAINED IN THE RECOMMENDATION OF THE BOARD.
 7. UPON MAKING AN ALLOCATION OF FUND  BENEFITS,  THE  AUTHORITY  SHALL
 INCLUDE  WITHIN  THE  AGREEMENT  PROVIDING  FOR THE TERMS AND CONDITIONS
 APPLICABLE TO SUCH ALLOCATION ALL TERMS  AND  CONDITIONS  THE  AUTHORITY
 DEEMS  APPROPRIATE,  TAKING INTO ACCOUNT THE RECOMMENDATIONS MADE BY THE
 BOARD.
 

S 189-D. RULES AND REGULATIONS. THE AUTHORITY IS HEREBY AUTHORIZED  TO
 PROMULGATE  RULES  AND  REGULATIONS  AS  ARE  NECESSARY  TO  FULFILL THE
 PURPOSES OF THIS ARTICLE.
 

S 3.

Section 1005 of the public authorities law is amended  by  adding
 five new subdivisions 19, 20, 21, 22 and 23 to read as follows:

 19.  TO  COOPERATE WITH THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION
 BOARD AND PROVIDE THE BOARD WITH SUCH INFORMATION AND ASSISTANCE AS  THE
 BOARD  REASONABLY REQUESTS INCLUDING REASONABLE STAFF SERVICES, ACCOUNT
 ING, CLERICAL AND SECRETARIAL ASSISTANCE, OFFICE  SPACE,  AND  EQUIPMENT
 REASONABLY  REQUESTED  BY THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION
 BOARD TO FULFILL ITS DUTIES.
 20. TO ESTABLISH AN ACCOUNT TO  BE  KNOWN  AS  THE  WESTERN  NEW  YORK
 ECONOMIC  DEVELOPMENT  FUND,  WHICH  SHALL  CONSIST OF "NET EARNINGS" AS
 DEFINED IN ARTICLE SIX-A OF THE ECONOMIC DEVELOPMENT LAW. SUCH  EARNINGS
 SHALL  BE DEPOSITED NO LESS FREQUENTLY THAN QUARTERLY. THE FIRST PAYMENT
 INTO THE FUND SHALL BE MADE NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION, AND SHALL INCLUDE ALL SUCH NET EARNINGS ACCRUED  SINCE  THE
 EFFECTIVE  DATE  OF  CHAPTER  FOUR HUNDRED THIRTY-SIX OF THE LAWS OF TWO
 THOUSAND TEN. AT LEAST FIFTEEN PERCENT OF SUCH FINDS SHALL BE  DEDICATED
 TOWARDS  ELIGIBLE  PROJECTS  WHICH ARE ENERGY-RELATED PROJECTS, PROGRAMS
 AND SERVICES AS SUCH TERM IS DEFINED IN SUBPARAGRAPH  TWO  OF  PARAGRAPH
 (B)  OF  SUBDIVISION  SEVENTEEN  OF THIS SECTION. IN ADDITION TO FUNDING
 ELIGIBLE PROJECTS, AS DEFINED IN ARTICLE SIX-A OF THE ECONOMIC  DEVELOP
 MENT  LAW,  THE  AUTHORITY MAY USE WESTERN NEW YORK ECONOMIC DEVELOPMENT
 FUND MONIES TO COVER REASONABLE COSTS  AND  EXPENSES  OF  THE  AUTHORITY
 RELATED TO THE MANAGEMENT AND ADMINISTRATION OF SUCH FUND.
 21. THE AUTHORITY MAY, IN ITS DISCRETION, CONSULT WITH THE WESTERN NEW
 YORK POWER PROCEEDS ALLOCATION BOARD IN THE APPLICATION PROCESS RELATING
 TO THE ALLOCATION OF EXPANSION POWER AND REPLACEMENT POWER.
 22. THE AUTHORITY SHALL ESTABLISH PROCESSES FOR APPLICATION REVIEW AND
 ALLOCATION  OF  FUND  BENEFITS PROVIDED IN ARTICLE SIX-A OF THE ECONOMIC
 DEVELOPMENT LAW.
 23. THE AUTHORITY SHALL INCLUDE IN THE ANNUAL REPORT PREPARED PURSUANT
 TO SUBDIVISION EIGHTEEN OF THIS SECTION, AN ACCOUNTING FOR  THE  SUBJECT
 YEAR  THAT  PROVIDES  (A)  THE AMOUNT OF EXPANSION POWER AND REPLACEMENT
 POWER SOLD INTO THE WHOLESALE MARKET BY THE AUTHORITY, AND (B)  THE  NET
 EARNINGS,  AS  SUCH TERM IS DEFINED IN SECTION ONE HUNDRED EIGHTY-NINE-A
 OF THE ECONOMIC DEVELOPMENT LAW, PAID INTO THE WESTERN NEW YORK ECONOMIC
 DEVELOPMENT FUND.
 
       S. 6258--C                         59
 

S 4. Chapter 436 of the laws of 2010 amending the  public  authorities
 law  and  the  economic development law, relating to authorizing unallo
 cated expansion or replacement power to be  allocated  for  western  New
 York economic development fund benefits is REPEALED.
 

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

Section  1.  The environmental conservation law is amended by adding a
 new section 11-0706 to read as follows:

 

S 11-0706. GIFT CARDS FOR HUNTING AND FISHING LICENSES.
 1. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  ESTABLISH
 ING  GIFT CARDS FOR THE LICENSES AND STAMPS SET FORTH IN SECTION 11-0701
 OF THIS TITLE.
 2. FOR THE PURPOSES OF THIS TITLE, THE TERM "GIFT CARD" SHALL  MEAN  A
 RESTRICTED  MONETARY  EQUIVALENT  OR  VOUCHER THAT, WHEN REDEEMED BY THE
 HOLDER, ENTITLES SUCH PERSON TO A VALID LICENSE OR STAMP AS SET FORTH IN
 SECTION 11-0701 OF THIS TITLE.
 

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

Section 1. No later than July 1, 2012, the commissioner of the depart
 ment of environmental conservation shall prepare a plan and issue  draft
 regulations  to  expedite  the marking and harvesting of downed trees on
 state lands outside of the areas of the  forest  preserves  for  use  as
 timber  products.  The  goal of such regulations will be to maximize the
 long-term health and sustainability of these wooded areas, while  assur
 ing  that  the  state is adequately compensated for such harvesting, and
 that the non-permitted taking of timber is more effectively discouraged.
 Such regulations shall be finalized and put in place no later than Janu
 ary 1, 2013.
 

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

Section 1. Subdivision 9 of section 602  of  the  racing,  pari-mutuel
 wagering  and  breeding  law,  as  amended by chapter 115 of the laws of
 2008, is amended and a new subdivision 15 is added to read as follows:

 9. "Cost of corporation's functions." All costs and expenses  incurred
 by  the  corporation in connection with the performance of the functions
 of the corporation, including, but not limited to, operating expenses of
 the corporation, the cost of acquiring, constructing or equipping branch
 offices and other facilities  and  premises  of  the  corporation,  [and
 interest  and  principal  on  bonds,]  notes or other obligations of the
 corporation issued to finance the acquisition, construction or equipment
 of such offices, facilities or premises.
 15. "VENDOR OPERATOR." THE VENDOR OPERATOR SHALL BE SELECTED  PURSUANT
 TO  THE  PROVISIONS SET FORTH IN SECTION SIX HUNDRED TWENTY-FIVE OF THIS
 ARTICLE AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATION AND OPERATION OF
 THE CORPORATION.
 

S 2.

Section 603 of the racing, pari-mutuel wagering and breeding law,
 as amended by chapter 115 of the laws of 2008, is  amended  to  read  as
 follows:

 

S  603.  New York city off-track betting corporation. 1. A corporation
 to be known as the "New York  city  off-track  betting  corporation"  is
 
       S. 6258--C                         60
 hereby  created.  Such corporation shall be a body corporate and politic
 constituting a public benefit corporation. It  shall  be  [administered]
 OVERSEEN  by a board of directors consisting of five members, who may be
 public officers, appointed by the governor for fixed terms as hereinaft
 er provided, one of whom shall be appointed on the recommendation of the
 temporary president of the senate, and one of whom shall be appointed on
 the recommendation of the speaker of the assembly.
 2.  THE TERMS OF ALL DIRECTORS SERVING A TERM THAT ENCOMPASSED JANUARY
 TWENTY-FIFTH, TWO THOUSAND TWELVE, SHALL BE DEEMED TO HAVE  EXPIRED  AND
 NEW  DIRECTORS  SHALL  BE  APPOINTED.  Of  the  directors,  one shall be
 appointed for a term  ending  on  December  thirty-first,  two  thousand
 [nine] TWELVE, one for a term ending on December thirty-first, two thou
 sand [ten] THIRTEEN, one for a term ending on December thirty-first, two
 thousand  [twelve]  FOURTEEN,  and  the  two  directors appointed on the
 recommendation of the temporary president of the senate and the  speaker
 of  the  assembly, for a term ending December thirty-first, two thousand
 [fourteen] SIXTEEN.  Upon the expiration of such  terms,  the  terms  of
 office  of  their  successors  shall  be  six years. Vacancies occurring
 otherwise than by expiration of term shall be filled for  the  unexpired
 term.
 3. The governor shall designate one of the directors to be chairman of
 the  board  of directors and may at his pleasure, change his designation
 of any such director to be chairman.
 4. Each director shall continue to serve  until  the  appointment  and
 qualification of his successor.
 5.  The  directors  shall be removable for cause by the governor, upon
 charges and after a hearing.
 6. The [powers] OVERSIGHT of the corporation shall be  vested  in  and
 exercised  by  the  board  at a meeting duly held at a time fixed by any
 by-law adopted by the board, or at any duly adjourned  meeting  of  such
 meeting  or  at  any  meeting  held upon reasonable notice to all of the
 directors, or upon written waiver thereof, and a majority of  the  whole
 number  of  directors  shall constitute a quorum[; provided that neither
 the business nor the powers of the corporation shall  be  transacted  or
 exercised  except  pursuant to the favorable vote of at least a majority
 of the directors present at a meeting at which a quorum  is  in  attend-
 ance].
 7.  The  board may delegate to one or more of the directors, officers,
 agents or employees of the corporation such powers and duties as it  may
 deem proper.
 8.  The  directors  shall be reimbursed for their actual and necessary
 expenses incurred in the performance of their official duties.
 9. The directors may engage in outside employment or in  a  profession
 or  business  EXCEPT  AS  AN EXECUTIVE OR LEGISLATIVE EMPLOYEE OR unless
 otherwise prohibited from doing so by virtue of holding  another  public
 office  subject to the provisions of section seventy-three of the public
 officers law.
 10. The board shall hold an annual meeting.
 11. The fiscal year of the corporation shall be the same as  [that  of
 the  city,  provided,  however,  that  the corporation shall have a nine
 month fiscal year from July first,  two  thousand  eight  through  March
 thirty-first,  two thousand nine, and then the fiscal year of the corpo-
 ration shall be the same as] the state.
 12. THE CORPORATION WILL BE ADMINISTERED BY THE  VENDOR  OPERATOR  AND
 THE POWERS OF THE CORPORATION SHALL BE VESTED IN THE VENDOR OPERATOR.
 
       S. 6258--C                         61
 

S  3.

Section 617 of the racing, pari-mutuel wagering and breeding law
 is amended to read as follows:

 

S  617.  Exemption  from taxation. [1.] The moneys and property of the
 corporation and any property under its jurisdiction, control  or  super
 vision,  and  all  of its activities and operations shall be exempt from
 taxation.
 [2. The state covenants with the purchasers of and with all subsequent
 holders and transferees of bonds and notes  issued  by  the  corporation
 pursuant  to  this  article,  in  consideration of the acceptance of and
 payment for the said bonds and notes, that the said bonds and notes  and
 the  income  therefrom, and all moneys, funds and revenue pledged to pay
 or secure the payment of such bonds and notes shall at all time be  free
 from taxation, except for estate and gift taxes and taxes on transfers.]
 

S  4.  The opening paragraph of section 621 of the racing, pari-mutuel
 wagering and breeding law, as amended by chapter  115  of  the  laws  of
 2008, is amended to read as follows:

 Within one hundred twenty days after the end of the fiscal year of the
 corporation, the [directors thereof] VENDOR OPERATOR shall submit to the
 governor,  the  legislature, the racing and wagering board and the state
 comptroller a complete and detailed report setting forth:

 

S 5. The racing, pari-mutuel wagering and breeding law is  amended  by
 adding a new section 625 to read as follows:

 

S  625. SELECTION OF VENDOR OPERATOR. 1. THE NEW YORK STATE RACING AND
 WAGERING BOARD SHALL SUBMIT, WITHIN THIRTY DAYS AFTER  THESE  PROVISIONS
 BECOME  LAW,  A  REQUEST  FOR  PROPOSALS  FROM  QUALIFYING  ENTITIES  AS
 DESCRIBED HEREIN FOR THE PURPOSE OF THE  ADMINISTRATING  OF  THE  CORPO
 RATION. THE ENTITY CHOSEN TO ADMINISTER THE CORPORATION SHALL ENTER INTO
 A  CONTRACT WITH THE STATE FOR A TERM OF TEN YEARS, WHICH MAY BE RENEWED
 SUBJECT TO THE APPROVAL OF THE STATE RACING AND WAGERING BOARD  AND  THE
 APPROVAL OF THE NEW YORK CITY OFF-TRACK BETTING BOARD OF DIRECTORS.
 2.  ELIGIBLE  ENTITIES  SHALL  CONSIST OF INDIVIDUALS, PARTNERSHIPS OR
 CORPORATIONS, PUBLIC OR PRIVATE, WHICH ARE REQUIRED  AS  PART  OF  THEIR
 PROPOSAL  TO  SUBMIT AT LEAST ONE BUSINESS PLAN FOR THE RE-ESTABLISHMENT
 AND CONTINUATION OF A PROFITABLE CORPORATION. IN AWARDING THE  CONTRACT,
 THE STATE RACING AND WAGERING BOARD MUST CONSIDER THE FOLLOWING CRITERIA
 WITH  RESPECT  TO  EACH APPLICANT: ITS EXPERIENCE IN MANAGING SUCCESSFUL
 BUSINESS ENTERPRISES, ITS EXPERIENCE IN THE RACING INDUSTRY, ITS EXPERI
 ENCE IN THE PARI-MUTUEL AND/OR OFF-TRACK BETTING INDUSTRIES, ITS EXPERI
 ENCE IN THE ENTERTAINMENT INDUSTRY,  THE  FEASIBILITY  OF  ITS  PROPOSED
 BUSINESS  PLAN  OR  PLANS, AND ITS COMMITMENT TO USE ITS BEST EFFORTS TO
 SUPPORT THE VIABILITY OF OFF-TRACK BETTING IN THE CITY OF  NEW  YORK  AS
 WELL AS THE RACING INDUSTRY THROUGHOUT THE STATE.
 3.  ALL  BUSINESS PLANS SUBMITTED BY AN ENTITY MUST INCLUDE PROVISIONS
 FOR PRIORITY FOR CONSIDERATION FOR EMPLOYMENT BY ANY FORMER EMPLOYEE  OF
 THE  CORPORATION  WHOSE  EMPLOYMENT  TERMINATED OTHER THAN FOR CAUSE, BY
 RETIREMENT, OR WITH A SEVERANCE AWARD. SUCH PLANS MUST ALSO PROVIDE  FOR
 REPRESENTATION OF OFF-TRACK BETTING BRANCH OFFICES, OR AN EQUIVALENT, IN
 ALL  OF  THE BOROUGHS OF THE CITY OF NEW YORK, WITH PREFERENCE GIVEN FOR
 BUSINESS PLANS THAT HAVE AT LEAST THREE FACILITIES IN EACH  BOROUGH  AND
 THAT  MAINTAIN  THE SAME RATIO OF ACCESS TO OFF-TRACK BETTING FACILITIES
 AS WAS PREVIOUSLY PROVIDED BY THE CORPORATION PRIOR TO  DECEMBER  FIRST,
 TWO THOUSAND TEN.
 4.  THE STATE RACING AND WAGERING BOARD SHALL MAKE PUBLIC ITS PRELIMI
 NARY SELECTION OF THE VENDOR OPERATOR NO LATER THAN THREE  MONTHS  AFTER
 THE SUBMISSION OF THE REQUEST FOR PROPOSALS, AND ALLOW FOR TWO WEEKS FOR
 PUBLIC  COMMENT. THE FINAL SELECTION AND THE CONTRACT BETWEEN THE VENDOR
 
       S. 6258--C                         62
 AND THE STATE MUST BE FINALIZED WITHIN THIRTY DAYS  OF  THE  PRELIMINARY
 SELECTION,  BUT  NO  SOONER  THAN THE END OF THE TWO WEEK PUBLIC COMMENT
 PERIOD.
 5.  THE  SELECTION OF VENDOR MAY BE REVOKED AND CANCELLED BY THE STATE
 RACING AND WAGERING BOARD FOR A MATERIAL BREACH OF  CONTRACT  OR  FOR  A
 VIOLATION OF THE RULES OF THE STATE RACING AND WAGERING BOARD OR IF SUCH
 VENDOR  OR  ITS  OFFICERS  OR  DIRECTORS  SHALL  KNOWINGLY  VIOLATE  THE
 PROVISIONS OF THIS CHAPTER OR OF THE PENAL LAW. THE ACTION OF THE  STATE
 RACING  AND WAGERING BOARD IN REVOKING THE SELECTION SHALL BE REVIEWABLE
 IN THE SUPREME COURT IN THE  MANNER  PROVIDED  BY  AND  SUBJECT  TO  THE
 PROVISIONS OF ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
 6.  FOR  CONTRACTS  IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS, ENTERED
 INTO BY THE VENDOR FOR THE PROCUREMENT OF GOODS OR SERVICES,  THE  BOARD
 MAY  REVIEW  THE  CHARACTER  AND FITNESS OF THE ENTITY OR ITS PRINCIPALS
 ENTERING INTO CONTRACTS WITH THE VENDOR.
 

S 6. Clause (E) of subparagraph 5 and clause (F) of subparagraph 6  of
 paragraph  b of subdivision 1 of section 1016 of the racing, pari-mutuel
 wagering and breeding law, as amended by chapter 18 of the laws of 2008,
 are amended to read as follows:

 (E) On days when a franchised corporation is  not  conducting  a  race
 meeting  and  when  a licensed harness track is neither accepting wagers
 nor displaying the signal from an in-state thoroughbred  corporation  or
 association or an out-of-state thoroughbred track:

 (i)  Such licensed regional harness track shall receive in lieu of any
 other payments on wagers placed at off-track betting facilities  outside
 the special betting district on races conducted by an in-state thorough
 bred  racing  corporation,  [two  and  eight-tenths] ONE AND FOUR-TENTHS
 percent on regular and multiple bets during a regional meeting and  [one
 and nine-tenths] NINETY-FIVE HUNDREDTHS percent of such bets if there is
 no  regional  meeting  and  [four  and eight-tenths] TWO AND FOUR-TENTHS
 percent on exotic bets on days on which there is a regional meeting  and
 [three  and  four-tenths]  ONE  AND SEVEN-TENTHS percent of such bets if
 there is no regional meeting.
 (ii) Such licensed regional harness track shall receive [one and  one-
 half]  SEVENTY-FIVE  HUNDREDTHS  per  centum on total regional handle on
 races conducted at out-of-state or out-of-country thoroughbred tracks.
 (iii) In those regions in  which  there  is  more  than  one  licensed
 regional  harness  track,  if no track is accepting wagers or displaying
 the live simulcast signal from the out-of-state  track,  the  total  sum
 shall  be divided among the tracks in proportion to the ratio the wagers
 placed on races conducted by each track bears to the corporation's total
 in-region harness handle. If one or more tracks are accepting wagers  or
 displaying  the live simulcast signal, the total amount shall be divided
 among those tracks not accepting  wagers  or  displaying  the  simulcast
 signal for an out-of-state track or in-state thoroughbred corporation or
 association.
 (F)  Of  the sums retained by a licensed harness facility, [fifty] ONE
 HUNDRED percent shall be used exclusively for purses  awarded  in  races
 conducted  by  such  licensed  facility [and the remaining fifty percent
 shall be retained by such licensed facility for  its  general  purposes,
 provided,  however,  that  in  a  harness  special  betting district the
 portion of the sums retained by a licensed harness facility to  be  used
 for  purses or the methodology for calculating the amount to be used for
 purses may be specified in a written contract between a  harness  racing
 association  or  corporation  and  its representative horsemen's associ-
 ation].
 
       S. 6258--C                         63
 

S 7.

Section 1017 of the racing,  pari-mutuel  wagering  and  breeding
 law, as amended by chapter 18 of the laws of 2008, is amended to read as
 follows:

 

S  1017.  Out-of-state  or out-of-country races. 1. Licensed simulcast
 facilities may accept wagers and display the signal of  out-of-state  or
 out-of-country  thoroughbred tracks after 7Labor P.M. in accordance with
 the provisions of this section.  Such  simulcasting  may  include  mixed
 meetings  if  such meetings are integral to such racing programs and all
 such wagering on such races shall be construed to be thoroughbred races.
 For  facilities  located  within  the  special  betting  district,  such
 approval  shall  also be required from a thoroughbred racing corporation
 during the period a racing program is being  conducted  at  such  track.
 Such  approval shall not be required on any day such thoroughbred racing
 corporation is also accepting an out-of-state or  out-of-country  signal
 and  wager, as authorized by this section. The provisions of section one
 thousand sixteen of this article shall be applicable to the  conduct  of
 such  simulcasting and the provisions of clauses (A) and (B) of subpara
 graph four of paragraph b of subdivision one  of  section  one  thousand
 sixteen  of  this  article  shall  apply to those facilities licensed in
 accordance with sections one thousand eight and  one  thousand  nine  of
 this  article  and the provisions of clauses (A) and (B) of subparagraph
 six of paragraph b of subdivision one of section one thousand sixteen of
 this article shall apply to those facilities licensed in accordance with
 section one thousand seven of this article, when such provisions are  in
 full  force  and effect pursuant to such section. Provided, however, the
 provisions of section one thousand fourteen of  this  article  shall  be
 applicable to the conduct of such simulcasting, when such provisions are
 in full force and effect pursuant to such section.
 2.  a.  Maintenance of effort. Any off-track betting corporation which
 engages in accepting wagers on the simulcasts of thoroughbred races from
 out-of-state or out-of-country as permitted  under  subdivision  one  of
 this  section shall submit to the board, for its approval, a schedule of
 payments to be made in any year or portion thereof, that such  off-track
 corporation  engages in nighttime thoroughbred simulcasting. In order to
 be approved by the board, the payment schedule shall be identical to the
 actual payments and distributions of such payments to [tracks and] purs
 es made by such off-track corporation  pursuant  to  the  provisions  of
 section  one  thousand fifteen of this article during the year two thou
 sand two, as derived from out-of-state  harness  races  displayed  after
 6:00  P.M.  If  approved  by the board, such scheduled payments shall be
 made from revenues derived from any simulcasting conducted  pursuant  to
 this section and section one thousand fifteen of this article.
 b.  Additional payments. During each calendar year, to the extent, and
 at such time in the event,  that  aggregate  statewide  wagering  handle
 after  7Labor P.M. on out-of-state and out-of-country thoroughbred races
 exceeds one hundred million dollars, each off-track betting  corporation
 conducting  such simulcasting shall pay to its regional harness track or
 tracks, an amount equal to [two] ONE percent of its proportionate  share
 of  such  excess  handle.  In  any  region  where  there are two or more
 regional harness tracks, such two percent shall be  divided  between  or
 among  the  tracks  in a proportion equal to the proportion of handle on
 live harness races conducted at such tracks during the preceding  calen
 dar year. [Fifty percent of the] THE sum received by each track pursuant
 to  this  paragraph  shall  be  used  exclusively for increasing purses,
 stakes and prizes at that regional harness track.
 
       S. 6258--C                         64
 

S 8. Subdivision 2 of section 529 of the racing, pari-mutuel  wagering
 and breeding law is amended to read as follows:

 2.  [Ninety-five  percent  of  the  balance  of such account remaining
 unclaimed as of the last day of February of such year shall be  paid  to
 the state tax commission by March fifteenth. On or before April tenth of
 each  year  the  balance of such account and any other unclaimed amounts
 received in the course of conducting off-track betting shall be paid  by
 such  corporation to the state tax commission. A penalty of five percent
 and interest at the rate of one percent per month from the due  date  to
 the  date  of  payment  of  the unclaimed balance due March fifteenth or
 April tenth, as the case may be, shall be payable in case  such  balance
 is  not  paid  when  due.  Such  amounts,  interest  and  penalties when
 collected by the state tax commission shall be deposited into the gener-
 al fund of the state treasury] ON APRIL FIRST OF EACH YEAR,  THE  AMOUNT
 OF  TICKETS  REMAINING  UNCLAIMED  FROM  THE  PRIOR YEAR MAY BE USED FOR
 CORPORATE PURPOSES.
 

S 9. Subdivision 7 of section 532 of the racing, pari-mutuel  wagering
 and  breeding  law,  as  added  by  chapter  115 of the laws of 2008, is
 amended to read as follows:

 7. Notwithstanding any other provision of this section,  any  payments
 otherwise  payable  to  a city with a population of one million or more,
 pursuant to this section, [other than payments pursuant to subparagraphs
 (i) and (iii) of paragraph b of subdivision three of this section, shall
 be payable to the corporation and shall be available for  its  corporate
 purposes] SHALL PAY REMAINING AMOUNTS TO THE COMPTROLLER OF THE STATE OF
 NEW  YORK FOR DEPOSIT IN THE NEW YORK CITY OFF-TRACK BETTING CORPORATION
 FUND.
 

S 10. Subdivision 2 of section 610 of the racing, pari-mutuel wagering
 and breeding law, as amended by chapter 115 of  the  laws  of  2008,  is
 amended to read as follows:

 2.  All moneys due the city pursuant to article five-A of this chapter
 shall be paid to the  New  York  city  [comptroller]  OFF-TRACK  BETTING
 CORPORATION FUND.
 

S 11. Subdivision 6 of section 527 of the racing, pari-mutuel wagering
 and  breeding  law,  as  amended  by chapter 115 of the laws of 2008, is
 amended to read as follows:

 6. The net amount remaining to each regional corporation after payment
 of taxes and distributions pursuant to this section and after payment of
 operating expenses and principal and interest on any obligations  shall,
 in  the  case  of  the  New  York city off-track betting corporation, be
 retained by the corporation, and in the case of  other  regional  corpo
 rations  shall  accrue and be payable to participating counties pursuant
 to section five hundred sixteen of this chapter; provided, however, that
 the [New York city off-track betting corporation] VENDOR OPERATOR, after
 payment of all current taxes and distributions shall use such net amount
 to pay all [liabilities] OPERATING EXPENSES of such corporation  [as  of
 the  effective  date  of  the  chapter of the laws of two thousand eight
 which amended this subdivision], and at such time as  all  [liabilities]
 OPERATING  EXPENSES  have  been paid, such [corporation] VENDOR OPERATOR
 shall pay ANY remaining amounts to the comptroller of the state  of  New
 York  for  deposit  in  the  [general  fund  of the state] NEW YORK CITY
 OFF-TRACK BETTING CORPORATION FUND.
 

S 12. The racing, pari-mutuel wagering and breeding law is amended  by
 adding a new section 626 to read as follows:

 

S  626. VENDOR OPERATOR FEE. AS CONSIDERATION FOR THE OPERATION OF THE
 CORPORATION, THE COMPTROLLER SHALL PAY A VENDOR FEE IN EXCHANGE FOR  THE
 
       S. 6258--C                         65
 DAILY OPERATIONS AND CAPITALIZATION OF A NEW YORK CITY OFF-TRACK BETTING
 OPERATION  TO  BE  PAID AS FOLLOWS:   IF THE ANNUAL DEPOSIT INTO THE NEW
 YORK CITY OFF-TRACK BETTING  CORPORATION  FUND  IS  LESS  THAN  TWO  AND
 ONE-HALF  MILLION DOLLARS, THE VENDOR OPERATOR SHALL RECEIVE ONE HUNDRED
 PERCENT OF THE ANNUAL DEPOSITS; IF THE ANNUAL DEPOSIT INTO THE NEW  YORK
 CITY  OFF-TRACK  BETTING  CORPORATION  FUND IS LESS THAN OR EQUAL TO TEN
 MILLION DOLLARS, THE VENDOR OPERATOR SHALL  BE  PAID  TWO  AND  ONE-HALF
 MILLION  DOLLARS AND THE REMAINING FUNDS SHALL BE DEPOSITED TO THE STATE
 GENERAL FUND; IF THE ANNUAL DEPOSIT IS MORE THAN  TEN  MILLION  DOLLARS,
 THE VENDOR OPERATOR SHALL BE PAID TWENTY-FIVE PERCENT OF THE TOTAL ANNU
 AL  DEPOSITS  AND  THE  REMAINING  FUNDS SHALL BE DEPOSITED TO THE STATE
 GENERAL FUND.
 

S 13. The state finance law is amended by adding a new section 97-llll
 to read as follows:

 

S 97-LLLL. NEW YORK CITY OFF-TRACK BETTING CORPORATION FUND. 1.  THERE
 IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER, A SPECIAL  FUND
 TO BE KNOWN AS THE "NEW YORK CITY OFF-TRACK BETTING CORPORATION FUND".
 2.  SUCH FUND SHALL CONSIST OF ALL MONIES RECEIVED BY THE STATE PURSU
 ANT TO SUBDIVISIONS ONE AND SIX OF SECTION FIVE HUNDRED TWENTY-SEVEN AND
 SUBDIVISION SEVEN OF SECTION FIVE  HUNDRED  THIRTY-TWO  OF  THE  RACING,
 PARI-MUTUEL  WAGERING  AND  BREEDING  LAW.  ANY  INTEREST  EARNED BY THE
 INVESTMENT OF MONEYS IN SUCH FUND SHALL BE ADDED TO SUCH FUND, BECOME  A
 PART OF SUCH FUND, AND BE USED FOR THE PURPOSE OF SUCH FUND.
 3.  MONEYS  OF  THE  NEW  YORK CITY OFF-TRACK BETTING CORPORATION FUND
 SHALL BE MADE AVAILABLE TO THE COMPTROLLER FOR THE PURPOSE OF PAYING THE
 NEW YORK CITY OFF-TRACK BETTING VENDOR OPERATOR FEE DISTRIBUTED  ACCORD
 ING  TO SECTION SIX HUNDRED TWENTY-SIX OF THE RACING, PARI-MUTUEL WAGER
 ING AND BREEDING LAW; ALL REMAINING MONEY SHALL BE  DISBURSED  INTO  THE
 STATE GENERAL FUND.
 

S  14. The racing, pari-mutuel wagering and breeding law is amended by
 adding a new section 113 to read as follows:

 

S 113. TELEPHONE AND INTERNET WAGERING. THE STATE RACING AND  WAGERING
 BOARD SHALL DETERMINE WHETHER ELIMINATING OR REGULATING THE AUTHORITY OF
 OUT-OF-STATE  ENTITIES TO ACCEPT TELEPHONE AND/OR INTERNET WAGERING FROM
 NEW YORK STATE RESIDENTS PLACED  WHILE  IN  NEW  YORK  STATE,  WOULD  BE
 CONSISTENT  WITH  THE  OBJECTIVES  OF  OFF-TRACK  PARI-MUTUEL BETTING AS
 DEFINED IN SECTION FIVE HUNDRED EIGHTEEN OF  THIS  CHAPTER,  AND  IF  SO
 DETERMINED,  THE  STATE  RACING  AND WAGERING BOARD SHALL ESTABLISH SUCH
 GENERAL  REGULATIONS  TO  ELIMINATE  OR   REGULATE   THE   PRACTICE   OF
 OUT-OF-STATE ENTITIES OF ACCEPTING SUCH WAGERS.
 

S  15.  Subdivisions 4 and 5 of section 610 of the racing, pari-mutuel
 wagering and breeding law are REPEALED.
 

S 16.

Section 611 of the racing, pari-mutuel wagering and breeding law
 is REPEALED.
 

S 17.

Section 612 of the racing, pari-mutuel wagering and breeding law
 is REPEALED.
 

S 18.

Section 613 of the racing, pari-mutuel wagering and breeding law
 is REPEALED.
 

S 19.

Section 614 of the racing, pari-mutuel wagering and breeding law
 is REPEALED.
 

S 20.

Section 616 of the racing, pari-mutuel wagering and breeding law
 is REPEALED.
 

S 21.

Section 620 of the racing, pari-mutuel wagering and breeding law
 is REPEALED.
 

S 22. This act shall take effect immediately.
 
       S. 6258--C                         66
 PART RR
 

Section  1.  The  racing,  pari-mutuel  wagering  and  breeding law is
 amended by adding a new section 503-a to read as follows:

 

S 503-A.  ADDITIONAL POWERS OF THE REGIONAL OFF-TRACK  BETTING  CORPO
 RATIONS.  IN  ADDITION  TO THE POWERS ENUMERATED IN SECTION FIVE HUNDRED
 THREE OF THIS ARTICLE, REGIONAL OFF-TRACK BETTING CORPORATIONS ARE HERE
 BY AUTHORIZED AND MAY FILE ANY PETITION WITH ANY UNITED STATES  DISTRICT
 COURT  OR  COURT OF BANKRUPTCY UNDER ANY PROVISION OF LAWS OF THE UNITED
 STATES FOR THE COMPOSITION  OR  ADJUSTMENT  OF  MUNICIPAL  INDEBTEDNESS,
 PROVIDED  SUCH  CORPORATION  IS  AUTHORIZED BY A RESOLUTION ADOPTED BY A
 MAJORITY OF THE PARTICIPATING COUNTIES TO SUCH REGION, OR, FOR A  CORPO
 RATION  WHOLLY  CONTAINED  WITHIN ONE COUNTY, BY A RESOLUTION ADOPTED BY
 SUCH COUNTY.
 

S 2. Notwithstanding any other provision of law or regulation  to  the
 contrary,  all funds in a capital acquisition fund, established pursuant
 to section 509-a of the racing, pari-mutuel wagering  and  breeding  law
 containing  less  than  two  million dollars as of the effective date of
 this chapter shall be available to a regional off-track  betting  corpo
 ration for any corporate purpose.
 

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

Section 1. Paragraph (d) of subdivision 15 of section 385 of the vehi
 cle  and traffic law, as amended by section 3 of part C of chapter 59 of
 the laws of 2004, is amended to read as follows:

 (d) (I) Except during storms, floods, fires or other  public  emergen
 cies, no such permit may be issued to include a towing operation involv
 ing  more than two vehicles except three vehicle combinations consisting
 of a tractor, semitrailer and trailer or  a  tractor  and  two  trailers
 within  legal weight and width limits proceeding to or from any qualify
 ing highway or access highway. Every such permit may designate the route
 to be traversed and contain any other restrictions or conditions  deemed
 necessary  by  the issuing authority. Every such permit shall be carried
 on the vehicle to which it refers and shall be open to the inspection of
 any peace officer, acting pursuant to  his  special  duties,  or  police
 officer,  or  any  other  officer or employee authorized to enforce this
 section. All permits issued shall be revocable by the authority  issuing
 them  at the discretion of the authority without a hearing or the neces
 sity of showing cause. Except for  a  vehicle  having  a  maximum  gross
 weight  not  exceeding eighty thousand pounds without regard to any axle
 weight limitation set forth herein or the maximum  gross  weight  estab
 lished  by the formula commonly referred to as the bridge formula as set
 forth in subdivision ten of this section and except for state or munici
 pally-owned single vehicles engaged in snow and ice control  operations,
 or  designed or fitted for snow and ice control operations while engaged
 in other public works operations on public highways which do not  exceed
 the  weight limits contained in subdivision seventeen-a of this section,
 no permit shall be issued to allow operation or movement of any  vehicle
 or  combination  of vehicles whose weight exceeds the limitations other
 wise prescribed in this section  other  than  an  annual  permit  issued
 pursuant  to  paragraph (f) of this subdivision except upon a finding by
 the department of transportation or the appropriate  authority,  as  the
 case may be, that the load proposed is of one piece or item or otherwise
 cannot  be  separated  into units of less weight provided, however, that
 
       S. 6258--C                         67
 any such permit issued upon such finding shall  not  be  valid  for  the
 operation  or  movement  of  such vehicles on any state or other highway
 within any city not wholly included within one county EXCEPT AS PROVIDED
 IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
 (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA
 GRAPH AND PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION  TO  THE  CONTRARY,
 THE DEPARTMENT OF TRANSPORTATION MAY ISSUE SUCH PERMIT FOR THE OPERATION
 OR  MOVEMENT  OF  ANY  VEHICLE  OR COMBINATION OF VEHICLES ON ANY OF THE
 FOLLOWING PORTIONS OF STATE OR OTHER HIGHWAYS WITHIN ANY CITY NOT WHOLLY
 INCLUDED WITHIN ONE COUNTY, AND SUCH VEHICLES OR COMBINATION OF VEHICLES
 MAY OPERATE OR MOVE ON SUCH PORTIONS, AND ONLY ON SUCH PORTIONS, OF SUCH
 STATE OR OTHER HIGHWAYS WITHIN SUCH CITY WITHOUT A PERMIT ISSUED BY  THE
 DEPARTMENT  OF  TRANSPORTATION  OF SUCH CITY: THAT PORTION OF INTERSTATE
 NINETY-FIVE BETWEEN THE BRONX-WESTCHESTER COUNTY LINE AND INTERSTATE SIX
 HUNDRED NINETY-FIVE, THAT PORTION OF INTERSTATE SIX HUNDRED  NINETY-FIVE
 BETWEEN  INTERSTATE  NINETY-FIVE AND INTERSTATE TWO HUNDRED NINETY-FIVE,
 THAT PORTION OF INTERSTATE TWO HUNDRED  NINETY-FIVE  BETWEEN  INTERSTATE
 SIX  HUNDRED  NINETY-FIVE  AND  INTERSTATE FOUR HUNDRED NINETY-FIVE, AND
 THAT PORTION OF INTERSTATE FOUR HUNDRED NINETY-FIVE  BETWEEN  INTERSTATE
 TWO HUNDRED NINETY-FIVE AND THE QUEENS-NASSAU COUNTY BORDER. SUCH PERMIT
 SHALL  BE  ISSUED  BY  THE DEPARTMENT OF TRANSPORTATION ONLY UPON: (1) A
 FINDING BY SUCH DEPARTMENT THAT THE LOAD PROPOSED IS  OF  ONE  PIECE  OR
 ITEM OR OTHERWISE CANNOT BE SEPARATED INTO UNITS OF LESS WEIGHT; (2) THE
 APPROVAL OF SUCH CITY; AND (3) WITH RESPECT TO BRIDGES AND HIGHWAYS OVER
 WHICH  ANY  AUTHORITY  HAS JURISDICTION, THE APPROVAL OF SUCH AUTHORITY.
 ANY SUCH VEHICLE OR COMBINATION OF VEHICLES OPERATING PURSUANT  TO  SUCH
 PERMIT SHALL NOT EXIT THE AFOREMENTIONED HIGHWAYS UNDER ITS OWN POWER IN
 ANY SUCH CITY NOT WHOLLY INCLUDED WITHIN ONE COUNTY.
 [Bulk]  (III)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, BULK milk may be
 considered one piece or item.
 

S 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 PART TT
 

Section 1. The executive law is amended by adding a new article 4-B to
 read as follows:

 ARTICLE 4-B
 IMPROPER PAYMENTS REPORTING AND REDUCTION ACT
 SECTION 56.   SHORT TITLE.
 56-A. DEFINITIONS.
 57.   IDENTIFICATION OF SUSCEPTIBLE PROGRAMS AND ACTIVITIES.
 57-A. ESTIMATION OF IMPROPER PAYMENTS.
 57-B. REPORTS ON ACTIONS TO REDUCE IMPROPER PAYMENTS.
 58.   IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP.
 59.   APPLICATION OF ARTICLE.
 

S 56. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
 "IMPROPER PAYMENTS REPORTING AND REDUCTION ACT".
 

S  56-A.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL MEAN:

 1. "AGENCY" MEANS ANY EXECUTIVE BRANCH AGENCY,  DEPARTMENT,  DIVISION,
 OFFICE, BOARD, COMMISSION, PUBLIC AUTHORITY (OTHER THAN A MULTI-STATE OR
 MULTI-NATIONAL  AUTHORITY) OR PUBLIC BENEFIT CORPORATION, WITH AN ANNUAL
 BUDGET OF AT  LEAST  TWENTY  MILLION  DOLLARS,  THE  HEAD  OF  WHICH  IS
 APPOINTED BY THE GOVERNOR.
 
       S. 6258--C                         68
 2. "IMPROPER PAYMENT" MEANS ANY PAYMENT THAT SHOULD NOT HAVE BEEN MADE
 OR  THAT  WAS  MADE  IN  AN INCORRECT AMOUNT, INCLUDING OVERPAYMENTS AND
 UNDERPAYMENTS, WHETHER UNDER STATUTORY, CONTRACTUAL,  ADMINISTRATIVE  OR
 OTHER  LEGALLY APPLICABLE REQUIREMENTS. SUCH TERM SHALL INCLUDE, BUT NOT
 BE  LIMITED  TO, ANY PAYMENT TO AN INELIGIBLE RECIPIENT, ANY PAYMENT FOR
 AN INELIGIBLE SERVICE, ANY DUPLICATE PAYMENT, PAYMENTS FOR SERVICES  NOT
 RECEIVED AND ANY PAYMENT THAT DOES NOT ACCOUNT FOR CREDIT FOR APPLICABLE
 DISCOUNTS.
 3.  "PAYMENT"  MEANS  ANY  PAYMENT,  INCLUDING A COMMITMENT FOR FUTURE
 PAYMENT, THAT IS MADE BY AN AGENCY, A STATE  CONTRACTOR,  OR  A  GOVERN
 MENTAL  OR OTHER ORGANIZATION ADMINISTERING A STATE PROGRAM OR ACTIVITY,
 AND WHICH DERIVED FROM STATE FUNDS OR OTHER  STATE  RESOURCES,  OR  THAT
 WILL BE REIMBURSED FROM STATE FUNDS OR OTHER STATE RESOURCES.
 

S  57. IDENTIFICATION OF SUSCEPTIBLE PROGRAMS AND ACTIVITIES. THE HEAD
 OF EACH AGENCY SHALL, IN ACCORDANCE WITH GUIDELINES PROMULGATED PURSUANT
 TO SECTION FIFTY-EIGHT OF THIS ARTICLE, ANNUALLY REVIEW ALL PROGRAMS AND
 ACTIVITIES THAT IT ADMINISTERS,  AND  IDENTIFY  ALL  SUCH  PROGRAMS  AND
 ACTIVITIES THAT MAY BE SUSCEPTIBLE TO IMPROPER PAYMENTS.
 

S  57-A. ESTIMATION OF IMPROPER PAYMENTS. WITH RESPECT TO EACH PROGRAM
 AND ACTIVITY IDENTIFIED IN SECTION FIFTY-SEVEN OF THIS ARTICLE, THE HEAD
 OF THE AGENCY SHALL:

 1. ESTIMATE THE ANNUAL AMOUNT OF IMPROPER PAYMENTS; AND
 2. REPORT SUCH ESTIMATE TO THE PUBLIC, AND THE CHAIRS  OF  THE  SENATE
 FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE ON OR BEFORE
 JANUARY  FIRST  OF  THE SUCCEEDING CALENDAR YEAR, AND SHALL BE POSTED ON
 THE AGENCY'S INTERNET WEBSITE AND ANY OTHER WEBSITE ESTABLISHED PURSUANT
 TO SECTION FIFTY-EIGHT OF THIS ARTICLE.
 ALL AGENCIES SHALL USE THE SAME METHOD OF REPORTING, AS PRESCRIBED  BY
 SECTION FIFTY-EIGHT OF THIS ARTICLE.
 

S  57-B.  REPORTS ON ACTIONS TO REDUCE IMPROPER PAYMENTS. WITH RESPECT
 TO ANY PROGRAM  OR  ACTIVITY  OF  AN  AGENCY  WITH  IDENTIFIED  IMPROPER
 PAYMENTS  PURSUANT  TO  SECTION FIFTY-SEVEN OF THIS ARTICLE, THE HEAD OF
 THE  AGENCY  SHALL  INCLUDE  WITH  THE  ESTIMATE  PURSUANT  TO   SECTION
 FIFTY-SEVEN-A  OF  THIS  ARTICLE  A REPORT ON WHAT ACTIONS THE AGENCY IS
 TAKING TO REDUCE THE IMPROPER PAYMENTS, INCLUDING:

 1. A DISCUSSION OF THE CAUSES OF  THE  IMPROPER  PAYMENTS  IDENTIFIED,
 ACTIONS  TAKEN TO CORRECT THOSE CAUSES, AND RESULTS OF THE ACTIONS TAKEN
 TO ADDRESS THOSE CAUSES;
 2. A STATEMENT OF WHETHER THE AGENCY HAS THE INFORMATION  SYSTEMS  AND
 OTHER  INFRASTRUCTURE  IT  NEEDS IN ORDER TO REDUCE IMPROPER PAYMENTS TO
 MINIMAL COST-EFFECTIVE LEVELS;
 3. IF THE AGENCY DOES NOT HAVE  SUCH  SYSTEMS  AND  INFRASTRUCTURE,  A
 DESCRIPTION  OF  THE  RESOURCES  THE  AGENCY HAS REQUESTED IN ITS BUDGET
 SUBMISSION TO OBTAIN THE NECESSARY INFORMATION SYSTEMS  AND  INFRASTRUC
 TURE; AND
 4.  A  DESCRIPTION  OF  THE  STEPS THE AGENCY HAS TAKEN TO ENSURE THAT
 AGENCY MANAGERS (INCLUDING THE AGENCY HEAD)  ARE  HELD  ACCOUNTABLE  FOR
 REDUCING IMPROPER PAYMENTS.
 

S  58.  IMPROPER  PAYMENT  ESTIMATE  GUIDANCE GROUP. 1. THERE SHALL BE
 ESTABLISHED, WITHIN THE EXECUTIVE BRANCH, THE IMPROPER PAYMENT  ESTIMATE
 GUIDANCE  GROUP.  SUCH  GROUP  SHALL  BE COMPOSED OF THE DIRECTOR OF THE
 BUDGET WHO SHALL CHAIR THE  GROUP,  THE  STATE  INSPECTOR  GENERAL,  THE
 INSPECTOR  GENERAL  OF THE METROPOLITAN TRANSPORTATION AUTHORITY AND THE
 WELFARE INSPECTOR GENERAL.
 2. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS  ARTI
 CLE,  THE  IMPROPER  PAYMENT  ESTIMATE GUIDANCE GROUP SHALL MEET AND, IN
 
       S. 6258--C                         69
 CONSULTATION WITH THE STATE COMPTROLLER, PRESCRIBE  GUIDELINES  FOR  THE
 IMPLEMENTATION  OF  THE  PROVISIONS  OF THIS ARTICLE. ALL AGENCIES SHALL
 COOPERATE WITH SUCH GROUP TO ASSIST IT AS NECESSARY IN  THE  DEVELOPMENT
 AND PROMULGATION OF GUIDELINES. THE GUIDELINES SHALL INCLUDE, BUT NOT BE
 LIMITED TO:

 A.  THE MANNER IN WHICH AGENCIES SHALL REVIEW PROGRAMS AND ACTIVITIES,
 AND IDENTIFY THOSE WHICH ARE SUSCEPTIBLE TO IMPROPER PAYMENTS;
 B. THE MANNER IN WHICH AGENCIES SHALL  CALCULATE  STATISTICALLY  VALID
 ESTIMATES  OF  THE  ANNUAL  AMOUNT  OF IMPROPER PAYMENTS IN PROGRAMS AND
 ACTIVITIES;
 C. THE MANNER IN  WHICH  AGENCIES  SHALL  IMPLEMENT  PLANS  TO  REDUCE
 IMPROPER PAYMENTS; AND
 D.  THE  MANNER IN WHICH AGENCIES SHALL REPORT ESTIMATES OF THE ANNUAL
 AMOUNT OF IMPROPER PAYMENTS IN PROGRAMS AND ACTIVITIES, AND PROGRESS  IN
 REDUCING THEM.
 3.  THE IMPROPER PAYMENT ESTIMATE GUIDANCE GROUP SHALL THEREAFTER MEET
 AT ANY TIME AT THE CALL OF EITHER THE DIRECTOR  OF  THE  BUDGET  OR  THE
 STATE  COMPTROLLER;  PROVIDED  THAT  SUCH GROUP SHALL MEET NO FEWER THAN
 ONCE EVERY FOUR YEARS TO REVIEW THE GUIDELINES.
 

S 59.  APPLICATION OF ARTICLE. THE PROVISIONS OF THIS ARTICLE SHALL:

 1. APPLY TO THE ADMINISTRATION OF PROGRAMS AND IMPROPER PAYMENTS  MADE
 IN  STATE  FISCAL YEARS COMMENCING ON OR AFTER APRIL FIRST, TWO THOUSAND
 THIRTEEN; AND
 2. REQUIRE THE  INCLUSION  OF  THE  ESTIMATES,  REPORTED  PURSUANT  TO
 SECTION  FIFTY-SEVEN-A OF THIS ARTICLE, IN THE AGENCY BUDGET SUBMISSIONS
 FOR STATE FISCAL YEARS COMMENCING ON OR AFTER APRIL FIRST, TWO  THOUSAND
 FOURTEEN.
 

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

Section  1.  Subdivision  12  of  section 27-1003 of the environmental
 conservation law, as added by section 3 of part SS of chapter 59 of  the
 laws of 2009, is amended to read as follows:

 12.  "Reverse vending machine" means an automated device, CERTIFIED AS
 TO ACCURACY BY AN INDEPENDENT THIRD PARTY OR IN ACCORDANCE  WITH  STAND
 ARDS  PROMULGATED BY THE COMMISSIONER, that uses a laser scanner, micro
 processor, or other technology to  accurately  recognize  the  universal
 product  code  (UPC)  on  containers  to  determine  if the container is
 redeemable and accumulates information  regarding  containers  redeemed,
 including  the  number of such containers redeemed, thereby enabling the
 reverse vending machine to accept containers from redeemers and to issue
 a scrip or receipt for their refund value.
 

S 2.

Section 27-1007 of the environmental conservation law,  as  added
 by section 4 of part SS of chapter 59 of the laws of 2009, paragraph (b)
 of  subdivision  1  as  amended  by  chapter 459 of the laws of 2011, is
 amended to read as follows:

 

S 27-1007. Mandatory acceptance.
 Except as provided in section 27-1009 of this title:

 1. (a) A dealer shall accept at his or her place of  business  from  a
 redeemer  any  empty  beverage  containers  of  the design, shape, size,
 color, composition and brand sold or offered for sale by the dealer, and
 shall pay to the  redeemer  the  refund  value  of  each  such  beverage
 container  as  established in section 27-1005 of this title. Redemptions
 of refund value must be in legal tender, or a scrip or  receipt  from  a
 reverse  vending  machine PROVIDED THAT SUCH REVERSE VENDING MACHINE HAS
 
       S. 6258--C                         70
 BEEN CERTIFIED AS TO ACCURACY AS REQUIRED BY THIS SECTION, AND, provided
 that the scrip or receipt can be exchanged for legal tender for a period
 of not less than sixty days without  requiring  the  purchase  of  other
 goods.  The  use  or  presence  of  a  reverse vending machine shall not
 relieve a dealer of any obligations imposed pursuant to this section. If
 a dealer utilizes a reverse vending machine to redeem  containers,  ONLY
 MACHINES  CERTIFIED  AS TO ACCURACY AS OUTLINED IN THIS SECTION SHALL BE
 UTILIZED AND the dealer shall provide redemption of beverage  containers
 when  the  reverse vending machine is full, broken, under repair or does
 not accept a type of beverage container sold or offered for sale by such
 dealer and may not limit the hours  or  days  of  redemption  except  as
 provided by subdivision three of this section.
 (b)  Beginning  March first, two thousand ten, a dealer whose place of
 business is part of a chain engaged in the same general field  of  busi
 ness  which operates ten or more units in this state under common owner
 ship and whose business has at least: (i) forty thousand but  less  than
 sixty  thousand  square  feet  devoted to the display of merchandise for
 sale to the public shall install and maintain at least two reverse vend
 ing machines at the dealer's place of business; (ii) sixty thousand  but
 less  than  eighty-five  thousand  square feet devoted to the display of
 merchandise for sale to the public shall install and maintain  at  least
 three  reverse  vending  machines  at the dealer's place of business; or
 (iii) eighty-five  thousand  square  feet  devoted  to  the  display  of
 merchandise  for  sale to the public shall install and maintain at least
 four reverse vending machines at the dealer's  place  of  business.  The
 requirements  of THIS paragraph [(b) of this subdivision] to install and
 maintain reverse vending machines shall not apply to a dealer that:  (i)
 sells  only  beverage  containers  of  twenty  ounces or less where such
 beverage containers are packaged in  quantities  fewer  than  six;  (ii)
 sells  beverage  containers and devotes no more than five percent of its
 floor space to the display and sale of consumer commodities, as  defined
 in section two hundred fourteen-h of the agriculture and markets law; or
 (iii)  obtains  a  waiver  from  the commissioner authorizing dealers to
 provide consumers with an alternative technology that: (A) determines if
 the container is redeemable, (B) provides protections against fraud THAT
 MAY BE VERIFIED BY THE DEPARTMENT OR AN INDEPENDENT THIRD PARTY  through
 a system that validates each container redeemed by reading the universal
 product  code and, except with respect to refillable containers, renders
 the  container  unredeemable,  (C)  accumulates  information   regarding
 containers  redeemed,  and (D) issues legal tender, or a scrip, receipt,
 or other form of credit for the refund value, that can be exchanged  for
 legal  tender for a period of not less than sixty days without requiring
 the purchase of other  goods.  Notwithstanding  the  foregoing,  if  the
 alternative  technology  does  not allow consumers to immediately obtain
 the refund value of the redeemed container, a dealer shall be  permitted
 to deploy such alternative technology only if it also offers an alterna
 tive  that  allows consumers to conveniently and immediately obtain such
 refund value through a reverse  vending  machine  or  other  alternative
 method.
 (c) A dealer to which paragraph (b) of this subdivision does not apply
 and whose place of business is at least forty thousand square feet which
 does  not  utilize  reverse  vending  machines to process empty beverage
 containers for redemption shall: (i) establish and maintain a  dedicated
 area  within such business to accept beverage containers for redemption;
 (ii) adequately staff such area to facilitate efficient  acceptance  and
 processing  of such containers during business hours; and (iii) post one
 
       S. 6258--C                         71
 or more conspicuous signs conforming to the size and color  requirements
 described  in subdivision two of this section at each public entrance to
 the business which describes where in the business the  redemption  area
 is  located.  The  commissioner  may  establish in rules and regulations
 RELATED TO FRAUD PREVENTION AND additional standards for  the  efficient
 processing of beverage containers by such dealers.
 (d)  For  the purposes of this subdivision on any day that a dealer is
 open for less than twenty-four hours, the dealer may restrict or  refuse
 the  payment  of refund values during the first and last hour the dealer
 is open for business.
 2. A dealer shall post a conspicuous sign, at the point of sale,  that
 states:

 "NEW YORK BOTTLE BILL OF RIGHTS
 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
 THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
 YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
 ACT:

 THE RIGHT to return your empties for refund to any  dealer  who  sells
 the  same brand, type and size, whether you bought the beverage from the
 dealer or not. It is illegal to return containers for  refund  that  you
 did not pay a deposit on in New York state.
 THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
 purchase.
 THE RIGHT to return your empties any day, any  hour,  except  for  the
 first  and  last hour of the dealer's business day (empty containers may
 be redeemed at any time in 24-hour stores).
 THE RIGHT to return your containers if  they  are  empty  and  intact.
 Washing  containers  is not required by law, but is strongly recommended
 to maintain sanitary conditions.
 The New York state returnable container act can be enforced by the New
 York state department of environmental conservation, the New York  state
 department  of agriculture and markets, the New York state department of
 taxation and finance, the New York state attorney general and/or by your
 local government."
 Such sign must be no less than eight inches by ten inches in size  and
 have  lettering a minimum of one quarter inch high, and of a color which
 contrasts with the background. The department shall maintain a toll free
 telephone number for a "bottle bill complaint line" that shall be avail
 able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
 violations of this title. The telephone number shall be  listed  on  any
 sign required by this section.
 3.  On  or after June first, two thousand nine, a dealer may limit the
 number of empty beverage containers to be accepted for redemption at the
 dealer's place of business to no less than  seventy-two  containers  per
 visit, per redeemer, per day, provided that:

 (a) The dealer has a written agreement with a redemption center, be it
 either  at  a  fixed physical location within the same county and within
 one-half mile of the dealer's place of business, or a mobile  redemption
 center,  operated  by  a  redemption center, that is located within one
 quarter mile of the dealer's place of business.  The  redemption  center
 must  have  a  written agreement with the dealer to accept containers on
 behalf of the dealer; and the redemption  center's  hours  of  operation
 must  cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of
 a mobile redemption center, the hours of operation must cover  at  least
 
       S. 6258--C                         72
 four consecutive hours between 8:00 a.m. and 8:00 p.m.  daily. The deal
 er  must  post a conspicuous, permanent sign, meeting the size and color
 specifications set forth in subdivision two of  this  section,  open  to
 public  view,  identifying  the  location  and hours of operation of the
 affiliated redemption center or mobile redemption center; and
 (b) The dealer provides, at a minimum, a consecutive two  hour  period
 between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
 to two hundred forty containers, per redeemer,  per  day,  and  posts  a
 conspicuous,  permanent  sign, meeting the size and color specifications
 set forth in subdivision two of this section, open to public view, iden
 tifying those hours. The dealer may not change the hours  of  redemption
 without first posting a thirty day notice; and
 (c) The dealer's primary business is the sale of food or beverages for
 consumption  off-premises,  and  the  dealer's place of business is less
 than ten thousand square feet in size.
 4. A deposit initiator shall accept from a dealer  or  operator  of  a
 redemption  center  any  empty  beverage container of the design, shape,
 size, color, composition and brand sold  or  offered  for  sale  by  the
 deposit  initiator,  PROVIDED  SUCH  CONTAINERS  ARE  PROPERLY SORTED AS
 PROVIDED IN SUBDIVISION SIX OF THIS SECTION AND UNDER SECTION 27-1013 OF
 THIS TITLE and shall pay the dealer or operator of a  redemption  center
 the  refund  value  of  each  such  beverage container as established by
 section 27-1005 of this title. A  deposit  initiator  shall  accept  and
 redeem  all  such  empty beverage containers from a dealer or redemption
 center without limitation on quantity.
 5. A deposit initiator's or distributor's failure  to  pick  up  empty
 beverage  containers[, including containers processed in a reverse vend-
 ing machine,] from a redemption center, dealer  or  the  operator  of  a
 reverse vending machine, shall be a violation of this title.
 6.  In  addition to the refund value of a beverage container as estab
 lished by section 27-1005 of this title, a deposit initiator  shall  pay
 to any dealer or operator of a redemption center a handling fee of three
 and  one-half  cents for each beverage container accepted by the deposit
 initiator from such dealer or operator of a redemption center.   Payment
 of  the  handling  fee  shall be as compensation for collecting, sorting
 ACCORDING TO MATERIAL, and packaging of empty  beverage  containers  for
 transport  back to the deposit initiator or its designee. Payment of the
 handling fee may not be conditioned on the  purchase  of  any  goods  or
 services[,  nor may such payment be made out of the refund value account
 established pursuant to section 27-1012 of this  title].  A  distributor
 who  does  not  initiate  deposits  on  a  type of beverage container is
 considered a dealer only for the purpose of  receiving  a  handling  fee
 from a deposit initiator.
 6-A.    THE  COMMISSIONER  IS HEREBY EMPOWERED TO PROMULGATE RULES AND
 REGULATIONS GOVERNING PERIODIC CERTIFICATION OF THE ACCURACY OF  REVERSE
 VENDING  MACHINES  WHICH SHALL INCLUDE A RECONCILIATION OF THE AMOUNT OF
 SCRAP MATERIALS COLLECTED AND THE AMOUNT OF CONTAINERS  REDEEMED.    THE
 COMMISSIONER  IS ALSO AUTHORIZED TO INVESTIGATE THE FURTHER USE OF SCRAP
 MATERIALS FOR THE CREATION AND EXPANSION OF  NEW  YORK  BUSINESSES  THAT
 EMPLOY  INNOVATIVE  TECHNIQUES  FOR  THE  REUSE  OF  SUCH MATERIALS.   A
 DISTRIBUTOR WHO DOES  NOT  INITIATE  DEPOSITS  ON  A  TYPE  OF  BEVERAGE
 CONTAINER  IS  CONSIDERED  A  DEALER ONLY FOR THE PURPOSE OF RECEIVING A
 HANDLING FEE FROM A DEPOSIT INITIATOR.
 7. A deposit initiator on a brand shall accept from a distributor  who
 does  not  initiate deposits on that brand any empty beverage containers
 of that brand accepted by the distributor from a dealer or operator of a
 
       S. 6258--C                         73
 redemption center and shall reimburse the distributor the  refund  value
 of  each  such  beverage container, as established by section 27-1005 of
 this title. In addition, the  deposit  initiator  shall  reimburse  such
 distributor  for  each  such  beverage container the handling fee estab
 lished under subdivision six of  this  section.  [Without  limiting  the
 rights  of  the department or any person, firm or corporation under this
 subdivision or any other provision of this section, a distributor  shall
 have  a  civil  right  of action to enforce this subdivision, including,
 upon three days notice, the right to apply for temporary and preliminary
 injunctive relief against continuing violations, and until  arrangements
 for  collection  and return of empty containers or reimbursement of such
 distributor for such deposits and handling fees are made.]
 8. It shall be the responsibility of the deposit initiator or distrib
 utor to provide to a dealer or redemption center a sufficient number  of
 bags, cartons, or other suitable containers, at no cost, for the packag
 ing,  handling  and  pickup  of  empty  beverage containers that are not
 redeemed through a  reverse  vending  machine.  The  bags,  cartons,  or
 containers must be provided by the deposit initiator or distributor on a
 schedule  that allows the dealer or redemption center sufficient time to
 sort the empty beverage containers prior  to  pick  up  by  the  deposit
 initiator or distributor. In addition:

 (a)  When picking up empty beverage containers, a deposit initiator or
 distributor shall not require a dealer  or  redemption  center  to  load
 their  own  bags,  cartons or containers onto or into the deposit initi
 ator's or distributor's vehicle or vehicles  or  provide  the  staff  or
 equipment  needed  to  do  so,  HOWEVER,  WHERE  PALLETS OR SKIDS, BAGS,
 CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
 SIMILAR EQUIPMENT, A DEPOSIT INITIATOR  OR  DISTRIBUTOR  MAY  REQUIRE  A
 DEALER  OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS USING A FORKLIFT
 OR SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION CENTER AT  NO
 COST.
 (b)  A  deposit initiator or distributor [shall not] MAY require empty
 containers to be counted at a location other than the redemption  center
 or  dealer's  place  of  business. The dealer or redemption center shall
 have the right to be present at the count.
 (c) A deposit initiator or distributor shall pick  up  empty  beverage
 containers  from the dealer or redemption center at reasonable times and
 intervals THAT SHALL ALSO TAKE INTO ACCOUNT A MINIMUM VOLUME OF CONTAIN
 ERS NECESSARY FOR SUCH A PICK UP as determined in rules  or  regulations
 promulgated  by  the  department  OR  ON  A SCHEDULE MEETING THE MINIMUM
 REQUIREMENTS OF SUCH REGULATIONS AND AGREED TO BY  THE  DISTRIBUTOR  AND
 THE REDEMPTION CENTER.
 9.   No person shall return or assist another to return to a dealer or
 redemption center an empty beverage container for its  refund  value  if
 such  container had previously been accepted for redemption by a dealer,
 redemption center, or deposit initiator who initiates deposits on bever
 age containers of the same brand.
 10.  A redeemer, dealer, distributor or redemption  center  shall  not
 knowingly  redeem  an  empty  beverage  container on which a deposit was
 never paid in New York state.
 [11. Notwithstanding the provisions  of  subdivision  two  of  section
 27-1009  of  this title, a deposit initiator or distributor shall accept
 and redeem beverage containers as provided in this title, if the  dealer
 or  operator  of  a  redemption  center shall have accepted and paid the
 refund value of such beverage containers.]
 
       S. 6258--C                         74
 11.  NO PERSON SHALL TAMPER WITH A REVERSE VENDING MACHINE  TO  ELICIT
 DEPOSIT  MONIES  WHEN  NO VALID, REDEEMABLE CONTAINER HAS BEEN PLACED IN
 SUCH REVERSE  VENDING  MACHINE.  RETAILERS  AND  DEALERS  THAT  MAINTAIN
 REVERSE  VENDING MACHINES ON THEIR PREMISES MUST TAKE REASONABLE PRECAU
 TIONS  TO PREVENT SUCH TAMPERING TO OCCUR INCLUDING, BUT NOT LIMITED TO,
 INSTALLATION OF SURVEILLANCE  CAMERAS  AND  APPROPRIATE  LIGHTING  WHERE
 REVERSE VENDING MACHINES ARE LOCATED.
 

S 3.

Section 27-1009 of the environmental conservation law, as amended
 by section 5 of part SS of chapter 59 of the laws of 2009, is amended to
 read as follows:

 

S 27-1009. Refusal of acceptance.
 1.  A  dealer or operator of a redemption center [may] SHALL refuse to
 accept from a redeemer, and a deposit  initiator  or  distributor  [may]
 SHALL  refuse to accept from a dealer or operator of a redemption center
 any empty beverage container which does not state thereon a refund value
 as established by section 27-1005 and provided  by  section  27-1011  of
 this title.
 2.  A  dealer [or], operator of a redemption center [may], DISTRIBUTOR
 OR DEPOSIT INITIATOR SHALL also refuse to  accept  any  [broken  bottle,
 corroded  or]  dismembered  [can,]  CONTAINER  or any beverage container
 which [contains a significant amount of foreign material,] IS  OTHERWISE
 SO  ALTERED  THAT  IT IS RENDERED UNREADABLE, as determined in rules and
 regulations to be promulgated by the commissioner.  NOTWITHSTANDING  THE
 FOREGOING,  CONTAINERS PROCESSED THROUGH REVERSE VENDING MACHINES CERTI
 FIED AS TO ACCURACY AS PROVIDED  IN  THIS  TITLE  AND  AUTHORIZED  BY  A
 DISTRIBUTOR  OR DEPOSIT INITIATOR, AS DOCUMENTED THROUGH REVERSE VENDING
 MACHINE RECONCILIATION STATEMENTS  OR  OTHER  REASONABLE  DOCUMENTATION,
 SHALL BE REQUIRED TO BE ACCEPTED BY A DISTRIBUTOR OR DEPOSIT INITIATOR.
 3.  A DEALER, OPERATOR OF A REDEMPTION CENTER, DISTRIBUTOR, OR DEPOSIT
 INITIATOR MAY REFUSE TO ACCEPT  ANY  BROKEN  BOTTLE,  CORRODED  BEVERAGE
 CONTAINER, OR ANY BEVERAGE CONTAINER WHICH CONTAINS A SIGNIFICANT AMOUNT
 OF  FOREIGN MATERIAL, AS DETERMINED IN RULES AND REGULATIONS PROMULGATED
 BY THE COMMISSIONER.
 

S 4.

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

 

S 27-1012. [Deposit  and  disposition]  DISPOSITION  of  refund  values;
 registration; reports.
 1. [Each deposit initiator shall deposit in a refund value account  an
 amount equal to the refund value initiated under section 27-1005 of this
 title  which is received with respect to each beverage container sold by
 such deposit initiator. Such deposit initiator shall hold the amounts in
 the refund value account in trust for the state. A refund value  account
 shall  be  an interest-bearing account established in a banking institu-
 tion located in this state, the deposits in  which  are  insured  by  an
 agency  of  the  federal  government.  Deposits of such amounts into the
 refund value account shall be made not less frequently than  every  five
 business  days. All interest, dividends and returns earned on the refund
 value account shall be paid directly into said account.  The  monies  in
 such  accounts shall be kept separate and apart from all other monies in
 the possession of the deposit initiator. The  commissioner  of  taxation
 and  finance  may  specify  a system of accounts and records to be main-
 tained with respect to accounts established under this subdivision.
 2. Payments of refund values pursuant to section 27-1007 of this title
 shall be paid from each deposit initiator's  refund  value  account.  No
 
       S. 6258--C                         75
 other  payment  or  withdrawal  from  such account may be made except as
 prescribed by this section.
 3.]  Each  deposit  initiator  shall  file  quarterly reports with the
 commissioner of taxation and  finance  on  a  form  and  in  the  manner
 prescribed  by  such  commissioner.  The  commissioner  of  taxation and
 finance may require such reports to be filed electronically.  The  quar
 terly  reports required by this subdivision shall be filed for the quar
 terly periods ending on the last day of May, August, November and Febru
 ary of each year, and each such report shall be filed within twenty days
 after the end of the quarterly period covered thereby. Each such  report
 shall  include  all information such commissioner shall determine appro
 priate including but not limited to the following information:

 a. [the balance in the refund value account at the  beginning  of  the
 quarter for which the report is prepared;
 b.  all  such  deposits  credited  to the refund value account and all
 interest, dividends or returns received on  such  account,  during  such
 quarter;
 c.  all withdrawals from the refund value account during such quarter,
 including all reimbursements paid pursuant to subdivision  two  of  this
 section,  all  service  charges  on  the  account, and all payments made
 pursuant to subdivision four of this section; and
 d. the balance in the refund value account at the close of such  quar-
 ter.
 4.]  THE  NUMBER OF CONTAINERS REQUIRED TO HAVE A REFUND VALUE SOLD BY
 THE DEPOSIT INITIATOR DURING THE QUARTERLY PERIOD;
 B. THE NUMBER OF CONTAINERS THAT WERE REDEEMED BY THE  DEPOSIT  INITI
 ATOR DURING THE QUARTERLY PERIOD;
 C. THE NUMBER OF CONTAINERS THAT WERE UNREDEEMED BY THE DEPOSIT INITI
 ATOR DURING THE QUARTERLY PERIOD; AND
 D.  THE  AMOUNTS  PAID  TO  ANY  DISTRIBUTOR,  DEALER OR OPERATOR OF A
 REDEMPTION CENTER FOR HANDLING FEES DURING THE QUARTER.
 2. a. Quarterly payments. [An] PAYMENTS OF REFUND VALUES  PURSUANT  TO
 SECTION  27-1007  OF THIS TITLE, IN AN amount equal to eighty percent of
 the [balance outstanding in the refund value account] UNREDEEMED  DEPOS
 ITS  HELD  BY  A DEPOSIT INITIATOR at the close of each quarter shall be
 paid to the commissioner of taxation and finance at the time the  report
 provided  for  in subdivision [three] ONE of this section is required to
 be filed. The commissioner of taxation and finance may require that  the
 payments  be  made  electronically.  The remaining twenty percent of the
 balance outstanding at the close of each quarter shall be the monies  of
 the  deposit  initiator  [and  may be withdrawn from such account by the
 deposit initiator]. If the provisions of this section  with  respect  to
 such  account  have not been fully complied with, each deposit initiator
 shall pay to such commissioner at such  time,  in  lieu  of  the  amount
 described  in  the  preceding  sentence,  an amount equal to the balance
 which would have been outstanding on such date had such provisions  been
 fully  complied  with.  The  commissioner  of  taxation  and finance may
 require that the payments be made electronically.
 b. [Refund value account shortfall] OVER REDEMPTION.  In the  event  a
 deposit  initiator  pays  out  more in refund values than it collects in
 deposits of refund values during the course of  a  quarterly  period  as
 described in subdivision [three] ONE of this section, the deposit initi
 ator  may apply to the commissioner of taxation and finance for a refund
 of the amount of such excess payment  of  refund  values  [from  sources
 other  than  the refund value account], in the manner as provided by the
 commissioner of taxation and finance. A deposit initiator must apply for
 
       S. 6258--C                         76
 a refund no later than twelve months after the due date for  filing  the
 quarterly  report for the quarterly period for which the refund claim is
 made. No interest shall be payable for any refund paid pursuant to  this
 paragraph.
 c. Final report. A deposit initiator who ceases to do business in this
 state as a deposit initiator shall file a final report and remit payment
 of eighty percent of all [amounts remaining in the refund value account]
 REFUND  VALUES  HELD  BY  THE  DEPOSIT  INITIATOR as of the close of the
 deposit initiator's last day of business. The commissioner  of  taxation
 and  finance  may  require that the payments be made electronically. The
 deposit initiator shall indicate on the  report  that  it  is  a  "final
 report".  The  final  report is due to be filed with payment twenty days
 after the close of the quarterly period in which the  deposit  initiator
 ceases  to do business. In the event the deposit initiator pays out more
 in refund values than it collects in such final  quarterly  period,  the
 deposit  initiator may apply to the commissioner of taxation and finance
 for a refund of the amount of such excess payment of refund values [from
 sources other than the refund value account,] in the manner as  provided
 by the commissioner of taxation and finance.
 [5.] 3. All monies collected or received by the department of taxation
 and  finance  pursuant to this title shall be deposited to the credit of
 the comptroller with such responsible banks,  banking  houses  or  trust
 companies  as  may be designated by the comptroller. Such deposits shall
 be kept separate and apart from all other moneys in  the  possession  of
 the  comptroller.  The  comptroller shall require adequate security from
 all such depositories. Of the total revenue collected,  the  comptroller
 shall  retain  the amount determined by the commissioner of taxation and
 finance to be necessary for refunds out of which  the  comptroller  must
 pay  any  refunds  to  which  a deposit initiator may be entitled. After
 reserving the amount to pay refunds, the comptroller must, by the  tenth
 day  of  each  month,  pay  into the state treasury to the credit of the
 general fund the revenue deposited under  this  subdivision  during  the
 preceding  calendar  month  and remaining to the comptroller's credit on
 the last day of that preceding month.
 [6.] 4. The commissioner and the commissioner of taxation and  finance
 shall  promulgate,  and  shall  consult each other in promulgating, such
 rules and regulations as may be necessary to effectuate the purposes  of
 this  title.  The  commissioner  and  the  commissioner  of taxation and
 finance shall provide all necessary aid and assistance  to  each  other,
 including  the  sharing  of  any  information that is necessary to their
 respective administration and enforcement responsibilities  pursuant  to
 the provisions of this title.
 [7.  a.]  5.  Any  person  who is a deposit initiator under this title
 before April first, two thousand nine, must apply  by  June  first,  two
 thousand  nine to the commissioner of taxation and finance for registra
 tion as a deposit initiator. Any person who becomes a deposit  initiator
 on  or after April first, two thousand nine shall apply for registration
 prior to collecting any deposits  as  such  a  deposit  initiator.  Such
 application  shall  be in a form prescribed by the commissioner of taxa
 tion and finance and shall require such information deemed to be  neces
 sary  for proper administration of this title. The commissioner of taxa
 tion and finance may require that applications for registration must  be
 submitted electronically. The commissioner of taxation and finance shall
 electronically  issue  a deposit initiator registration certificate in a
 form prescribed by the  commissioner  of  taxation  and  finance  within
 fifteen  days  of  receipt of such application or may take an additional
 
       S. 6258--C                         77
 ten days if the commissioner of taxation and finance deems it  necessary
 to  consult  with  the  commissioner  before  issuing  such registration
 certificate. A registration certificate issued pursuant to this subdivi
 sion may be issued for a specified term of not less than three years and
 shall  be  subject to renewal in accordance with procedures specified by
 the commissioner of taxation and finance. The commissioner  of  taxation
 and  finance shall furnish to the commissioner a complete list of regis
 tered deposit initiators and  shall  continually  update  such  list  as
 warranted. The commissioner shall share any information with the commis
 sioner  of taxation and finance that is necessary for the administration
 of this subdivision.
 [b. The commissioner of taxation and finance shall have the  authority
 to  revoke  or  refuse to renew any registration issued pursuant to this
 subdivision when he or she has determined or has been  informed  by  the
 commissioner that any of the provisions of this title or rules and regu-
 lations promulgated thereunder have been violated. Such violations shall
 include,  but  not be limited to, the failure to file quarterly reports,
 the failure to make payments pursuant to this subdivision, the providing
 of false or fraudulent information to either the department of  taxation
 and  finance  or the department, or knowingly aiding or abetting another
 person in violating any of the provisions of this  title.  A  notice  of
 proposed  revocation or non-renewal shall be given to the deposit initi-
 ator in the manner prescribed for a notice of deficiency of tax and  all
 the  provisions applicable to a notice of deficiency under article twen-
 ty-seven of the tax law shall apply to a notice issued pursuant to  this
 paragraph, insofar as such provisions can be made applicable to a notice
 authorized  by  this paragraph, with such modifications as may be neces-
 sary in order to adapt the language of such  provisions  to  the  notice
 authorized by this paragraph. All such notices issued by the commission-
 er  of  taxation  and finance pursuant to this paragraph shall contain a
 statement advising the deposit initiator that the revocation or  non-re-
 newal  of  registration  may be challenged through a hearing process and
 the petition for such a challenge must be filed with the commissioner of
 taxation and finance within ninety days after such notice is  issued.  A
 deposit  initiator whose registration has been so revoked or not renewed
 shall cease to do business as a deposit initiator in this  state,  until
 this  title  has  been  complied  with  and  a new registration has been
 issued. Any deposit initiator whose registration has been so revoked may
 not apply for registration for two years from the date  such  revocation
 takes effect.
 8.]  6. The commissioner of taxation and finance may require the main
 tenance of such [accounts,] records or documents relating to the sale of
 beverage containers, by any  deposit  initiator,  bottler,  distributor,
 dealer  or  redemption  center as such commissioner may deem appropriate
 for the administration of this section. Such commissioner may make exam
 inations, including the conduct of facility inspections  during  regular
 business  hours,  with  respect  to the [accounts,] records or documents
 required to be  maintained  under  this  subdivision.  Such  [accounts,]
 records  and  documents  shall be preserved for a period of three years,
 except that such commissioner may consent to  their  destruction  within
 that  period  or  may require that they be kept longer. Such [accounts,]
 records and documents may be kept within the meaning of this subdivision
 when reproduced by any photographic, photostatic, microfilm, micro-card,
 miniature photographic or other process which  actually  reproduces  the
 original [accounts,] records or documents.
 
       S. 6258--C                         78
 [9.]  7.  a.  Any  person required to be registered under this section
 who, without being so registered, sells  or  offers  for  sale  beverage
 containers  in  this  state, in addition to any other penalty imposed by
 this title, shall be subject to a penalty to be assessed by the  commis
 sioner  of  taxation and finance in an amount not to exceed five hundred
 dollars for the first day on which such sales or  offers  for  sale  are
 made,  plus an amount not to exceed five hundred dollars for each subse
 quent day on which such sales or offers for sale are made, not to exceed
 twenty-five thousand dollars in the aggregate.
 b. Any deposit initiator who fails to maintain [accounts  or]  records
 pursuant  to  this section, unless it is shown that such failure was due
 to reasonable cause and not due to negligence  or  willful  neglect,  in
 addition to any other penalty imposed by this title, shall be subject to
 a  penalty to be assessed by the commissioner of taxation and finance of
 not more than one thousand dollars for each quarter  during  which  such
 failure  occurred,  and an additional penalty of not more than one thou
 sand dollars for each quarter such failure continues.
 [10.] 8. The provisions of article twenty-seven of the tax  law  shall
 apply  to  the  provisions  of  this title for which the commissioner of
 taxation and finance is responsible[,  including  collection  of  refund
 value amounts,] in the same manner and with the same force and effect as
 if  the language of such article had been incorporated in full into this
 section except to the extent that  any  provision  of  such  article  is
 either  inconsistent with a provision of this section or is not relevant
 to this section as  determined  by  the  commissioner  of  taxation  and
 finance.  [Furthermore, for purposes of applying the provisions of arti-
 cle twenty-seven of the tax law,  where  the  terms  "tax"  and  "taxes"
 appear  in  such  article, such terms shall be construed to mean "refund
 value" or "balance in the refund value account".
 11.] 9. If any deposit initiator fails or refuses to file a report  or
 furnish  any information requested in writing by the department of taxa
 tion and finance or the  department,  the  department  of  taxation  and
 finance  with the assistance of the department may, from any information
 in its possession, make an estimate of the deficiency and  collect  such
 deficiency from such deposit initiator.
 [12.]  10.  Beginning  on  June first, two thousand [nine each deposit
 initiator] TWELVE ALL SUPPLIERS AND  MANUFACTURERS  shall  register  the
 container  label  of any beverage offered for sale in the state on which
 it initiates a deposit. Any such registered container label shall bear a
 universal product code. [Such universal product code shall be  New  York
 state  specific,  in order to identify the beverage container as offered
 for sale exclusively in New York state, and as  a  means  of  preventing
 illegal  redemption  of  beverage containers purchased out-of-state.] IN
 ADDITION, A DEPOSIT INITIATOR MAY AFFIX  A  UNIVERSAL  PRODUCT  CODE  OR
 OTHER  DISTINCTIVE MARKING THAT IS NEW YORK STATE SPECIFIC AS A MEANS OF
 PREVENTING ILLEGAL REDEMPTION OF BEVERAGE CONTAINERS  PURCHASED  OUT  OF
 STATE. Registration must be on forms as prescribed by the department and
 must include the universal product code for each combination of beverage
 and container manufactured. The commissioner may require that such forms
 be  filed  electronically.  The  deposit  initiator  shall renew a label
 registration whenever that label is revised by  altering  the  universal
 product code or whenever the container on which it appears is changed in
 size, composition or glass color.
 

S 5.

Section 27-1013 of the environmental conservation law, as amended
 by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
 read as follows:

 
       S. 6258--C                         79
 

S 27-1013. Redemption centers.
 The  commissioner  is  hereby  empowered to promulgate rules and regu
 lations governing (1) THE LICENSING OF REDEMPTION CENTER  INCLUDING  BUT
 NOT  LIMITED  TO THE PAYMENT OF A LICENSE FEE, CONDITIONS FOR GRANTING A
 LICENSE, GROUNDS FOR REVOCATION OF A LICENSE AND  THE  PROCESS  FOR  THE
 REVOCATION  OF  A  LICENSE;  (2)  the circumstances in which dealers and
 distributors, individually or collectively, are required to  accept  the
 return  of  empty  beverage containers, and make payment therefor; [(2)]
 (3) the sorting of the containers which a deposit initiator or distribu
 tor may require of dealers and redemption centers  PROVIDED  THAT  AT  A
 MINIMUM, SUCH CONTAINERS ARE SORTED ACCORDING TO MATERIAL; [(3)] (4) the
 collection  of  returned  beverage  containers  by deposit initiators or
 distributors, including the party to whom such expense is to be charged,
 the frequency of such pick ups THAT SHALL ALSO ALLOW A SCHEDULE  MEETING
 THE  MINIMUM  REQUIREMENTS  OF  SUCH  REGULATIONS  AND  AGREED TO BY THE
 DISTRIBUTOR AND THE REDEMPTION CENTER AND  THAT  SHALL  ALSO  TAKE  INTO
 ACCOUNT  A MINIMUM VOLUME OF CONTAINERS NECESSARY FOR SUCH A PICK UP and
 the payment for refunds and handling fees thereon; [(4)] (5)  the  right
 of  dealers  to restrict or limit the number of containers redeemed, the
 rules for redemption at the dealers' place of business, and the  redemp
 tion  of containers from a beverage for which sales have been discontin
 ued, and to issue permits to persons, firms or corporations which estab
 lish redemption centers, subject to applicable provisions of  local  and
 state  laws,  at  which  redeemers and dealers may return empty beverage
 containers and receive payment of the  refund  value  of  such  beverage
 containers; (6) A SPECIFIC IDENTIFICATION SYSTEM WHICH SHALL BE ASSIGNED
 TO  EACH  REDEMPTION  CENTER,  PROVIDED  THAT  SUCH  IDENTIFYING CODE OR
 NUMBER, ALONG WITH THE NUMBER OF CONTAINERS CONTAINED THEREIN, SHALL  BE
 AFFIXED  TO ANY BOX OR BAG PROFFERED BY A REDEMPTION CENTER TO A DEPOSIT
 INITIATOR FOR REDEMPTION IN A MANNER MANDATED BY THE  COMMISSIONER;  AND
 (7) MOBILE REDEMPTION CENTERS IN ORDER TO INSURE THAT TO THE BEST EXTENT
 PRACTICABLE  CONTAINERS  ARE  NOT  PROFFERED FOR REDEMPTION TO A DEPOSIT
 INITIATOR OUTSIDE OF THE GEOGRAPHIC AREA WHERE  SUCH  DEPOSIT  INITIATOR
 SELLS  CONTAINERS  AND INITIATES DEPOSITS, PROVIDED THAT FOR PURPOSES OF
 THIS SECTION, IN NO CASE MAY A MOBILE REDEMPTION CENTER REDEEM  CONTAIN
 ERS OUTSIDE OF THE COUNTY WHERE SUCH CONTAINERS WERE REDEEMED.  No deal
 er or distributor, as defined in section 27-1003 of this title, shall be
 required  to  obtain a permit to operate a redemption center at the same
 location as the dealer's or distributor's place of  business.  Operators
 of  such redemption centers shall receive payment of the refund value of
 each beverage  container  from  the  appropriate  deposit  initiator  or
 distributor as provided under section 27-1007 of this title.
 

S 6.

Section 27-1015 of the environmental conservation law, as amended
 by  section  11 of part SS of chapter 59 of the laws of 2009, is amended
 to read as follows:

 

S 27-1015. Violations.
 1. [A violation of this title, except as otherwise  provided  in  this
 section  and  section 27-1012 of this title, shall be a public nuisance.
 In addition, except] CIVIL AND ADMINISTRATIVE SANCTIONS. A.   EXCEPT  as
 otherwise  provided  in  this section and section 27-1012 of this title,
 any  person  who  [shall  violate]  VIOLATES  any  [provision]  OF   THE
 PROVISIONS  of, OR FAILS TO PERFORM A DUTY IMPOSED BY THIS TITLE, OR ANY
 RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM  OR  CONDI
 TION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL
 DETERMINATION  OR  ORDER OF THE COMMISSIONER MADE PURSUANT TO this title
 shall be liable to the state of New York for a civil penalty of not more
 
       S. 6258--C                         80
 than five hundred dollars, and an additional civil penalty of  not  more
 than  five hundred dollars for each day during which each such violation
 continues. Any civil penalty may be assessed BY THE COMMISSIONER follow
 ing  a  hearing or opportunity to be heard OR BY THE COURT IN ANY ACTION
 OR PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER. IN  ADDITION,
 SUCH  PERSON  MAY  BY  SIMILAR  PROCESS BE ENJOINED FROM CONTINUING SUCH
 VIOLATION AND ANY PERMIT OR REGISTRATION ISSUED TO SUCH  PERSON  MAY  BE
 REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION DENIED.
 [2.  Any] B. IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF
 TAXATION AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS  TITLE,  ANY
 distributor  or  deposit  initiator  who  violates any provision of this
 title, [except as provided in section 27-1012 of this title,]  OR  FAILS
 TO  PERFORM  A  DUTY  IMPOSED  BY  THIS TITLE, OR ANY RULE OR REGULATION
 PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY  REGISTRA
 TION  OR  PERMIT  ISSUED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR
 ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE shall be liable to
 the state of New York for a civil penalty of not more than one  thousand
 dollars  FOR EACH VIOLATION, and an additional civil penalty of not more
 than one thousand dollars for each day during which each such  violation
 continues. Any civil penalty may be assessed BY THE COMMISSIONER follow
 ing  a hearing or opportunity to be heard, OR BY THE COURT IN ANY ACTION
 OR PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER. IN  ADDITION,
 SUCH DEPOSIT INITIATOR OR DISTRIBUTOR MAY BY SIMILAR PROCESS BE ENJOINED
 FROM  CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRATION ISSUED TO
 SUCH PERSON MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION
 DENIED.
 [3.] 2. CRIMINAL SANCTIONS. A. ANY  PERSON  WHO,  HAVING  ANY  OF  THE
 CULPABLE  MENTAL  STATES  DEFINED  IN  SECTION  15.05  OF THE PENAL LAW,
 VIOLATES ANY PROVISION OF OR WHO FAILS TO PERFORM ANY  DUTY  IMPOSED  BY
 THIS  TITLE,  OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR
 ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER  MADE  PURSUANT  TO
 THIS TITLE SHALL BE GUILTY OF A VIOLATION AND, UPON CONVICTION, SHALL BE
 PUNISHED  BY  A  FINE  OF  NOT  MORE  THAN FIVE HUNDRED DOLLARS FOR EACH
 VIOLATION; EACH DAY ON WHICH SUCH VIOLATION OCCURS  SHALL  CONSTITUTE  A
 SEPARATE  VIOLATION;  AND  FOR  EACH  SUCH VIOLATION THE PERSON SHALL BE
 SUBJECT, UPON CONVICTION, TO IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS
 OR TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, OR TO BOTH IMPRISON
 MENT AND FINE.
 B. IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF  TAXATION
 AND  FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, ANY DISTRIBU
 TOR OR DEPOSIT INITIATOR WHO, HAVING ANY OF THE CULPABLE  MENTAL  STATES
 DEFINED  IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY PROVISION OF OR
 WHO FAILS TO PERFORM ANY DUTY IMPOSED BY THIS  TITLE,  OR  ANY  RULE  OR
 REGULATION  PROMULGATED  PURSUANT THERETO, OR ANY FINAL DETERMINATION OR
 ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF
 A VIOLATION AND, UPON CONVICTION, SHALL BE PUNISHED BY  A  FINE  OF  NOT
 MORE  THAN  ONE  THOUSAND  DOLLARS FOR EACH VIOLATION; EACH DAY ON WHICH
 SUCH VIOLATION OCCURS SHALL CONSTITUTE A  SEPARATE  VIOLATION;  AND  FOR
 EACH  SUCH  VIOLATION  THE  PERSON SHALL BE SUBJECT, UPON CONVICTION, TO
 IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR TO A  FINE  OF  NOT  MORE
 THAN ONE THOUSAND DOLLARS, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINE.
 C.  It shall be unlawful for [a distributor or deposit initiator,] ANY
 PERSON, acting alone or aided by another, to return any  empty  beverage
 container to a dealer or redemption center for its refund value if [the]
 A distributor or deposit initiator had previously accepted such beverage
 container from any dealer or operator of a redemption center, OR IF SUCH
 
       S. 6258--C                         81
 CONTAINER  WAS  PREVIOUSLY  ACCEPTED  BY  A  REVERSE  VENDING MACHINE. A
 violation of this [subdivision] PARAGRAPH shall be a misdemeanor punish
 able by a fine of not less than five hundred dollars nor more  than  one
 thousand  dollars  and  an amount equal to two times the amount of money
 received as a result of such violation, OR  IMPRISONMENT  FOR  NOT  MORE
 THAN ONE YEAR, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINES.
 D.  IN  ADDITION  TO  ANY  OTHER  PENALTY  PROVIDED BY THIS TITLE, ANY
 DISTRIBUTOR  OR  DEPOSIT  INITIATOR,  WHO  KNOWINGLY  OR   INTENTIONALLY
 VIOLATES  ANY  PROVISION  OF  OR  FAILS  TO  PERFORM ANY DUTY IMPOSED BY
 SECTION 27-1012 OF THIS TITLE, OR ANY  RULE  OR  REGULATION  PROMULGATED
 PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSION
 ER  MADE  PURSUANT  TO  THIS TITLE SHALL BE GUILTY OF A MISDEMEANOR AND,
 UPON CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN ONE  THOU
 SAND  DOLLARS PER DAY OF VIOLATION, OR BY IMPRISONMENT FOR NOT MORE THAN
 ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT.
 [4.] 3. UNLAWFUL REDEMPTION. Any person who [willfully] tenders  to  a
 dealer,  distributor,  redemption  center or deposit initiator more than
 forty-eight empty beverage containers for which  such  person  knows  or
 should reasonably know that no deposit was paid in New York state may be
 assessed  [by  the  department]  a  civil  penalty  of up to one hundred
 dollars for each container or up to  twenty-five  thousand  dollars  for
 each  such tender of containers. At each location where a person tenders
 containers for redemption, dealers and redemption centers must conspicu
 ously display a sign in letters that are at least  one  inch  in  height
 with the following information: "WARNING:  Persons tendering for redemp
 tion  containers  on which a deposit was never paid in this state may be
 subject to a civil penalty of up to one hundred dollars per container or
 up to twenty-five thousand dollars for each such tender of  containers."
 Any  civil penalty may be assessed BY THE COMMISSIONER following a hear
 ing or opportunity to be heard,  OR  BY  THE  COURT  IN  ANY  ACTION  OR
 PROCEEDING  PURSUANT  TO  SECTION  71-2727 OF THIS CHAPTER. IN ADDITION,
 SUCH PERSON MAY BY SIMILAR PROCESS  BE  ENJOINED  FROM  CONTINUING  SUCH
 VIOLATION  AND  ANY  PERMIT OR REGISTRATION ISSUED TO SUCH PERSON MAY BE
 REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION DENIED.
 [5.] 4. ENFORCEMENT. A. The department, the department of  agriculture
 and  markets,  the  department  of taxation and finance and the attorney
 general are hereby authorized to enforce the provisions of  this  title.
 In  addition, the provisions of section 27-1005 of this title and subdi
 visions one, two, three, four, five[,] AND ten [and eleven]  of  section
 27-1007 of this title may be enforced by a county, city, town or village
 and  the local legislative body thereof may adopt local laws, ordinances
 or regulations consistent with this title providing for the  enforcement
 of such provisions.
 B.  IN  ADDITION, WITHOUT LIMITING THE RIGHT OF THE DEPARTMENT, OR ANY
 PERSON,  FIRM  OR  CORPORATION  UNDER  THIS  SUBDIVISION  OR  ANY  OTHER
 PROVISION  OF  THIS SECTION, A DEALER, OWNER OR OPERATOR OF A REDEMPTION
 CENTER, DISTRIBUTOR, OR DEPOSIT INITIATOR SHALL HAVE A  CIVIL  RIGHT  OF
 ACTION  TO  ENFORCE  THE PROVISIONS OF SECTION 27-1009 OF THIS TITLE AND
 SUBDIVISIONS FOUR, FIVE, SIX AND EIGHT OF SECTION 27-1007 OF THIS TITLE.
 

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

Section 1. Subdivision 1  of  section  19-0325  of  the  environmental
 conservation  law,  as  added  by  chapter  203  of the laws of 2010, is
 amended to read as follows:

 
       S. 6258--C                         82
 (1) On or after July first, two thousand [twelve] FIFTEEN, all  number
 two  heating  oil sold for use in residential, commercial, or industrial
 heating within the state shall not have a sulfur  content  greater  than
 fifteen parts per million.
 

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

Section  1.  Subdivision (a) of section 1115 of the tax law is amended
 by adding a new paragraph 44 to read as follows:

 (44) ENERGY EFFICIENT TANGIBLE PERSONAL PROPERTY  OF  WHATEVER  NATURE
 FOR  USE  OR CONSUMPTION DIRECTLY AND EXCLUSIVELY: (I) IN THE PRODUCTION
 OF SNOW; (II) IN THE UPHILL TRANSPORTATION OF SKIERS; OR  (III)  IN  THE
 GROOMING  AND  MAINTENANCE OF SNOW BY ANY PERSON ENGAGED IN THE BUSINESS
 OF OPERATING A RECREATIONAL FACILITY FOR SKIING.
 

S 2.

Section 1115 of the tax law is amended by adding a  new  subdivi
 sion (hh) to read as follows:

 (HH)  FUEL,  GAS, ELECTRICITY AND REFRIGERATION, AND GAS, ELECTRIC AND
 REFRIGERATION SERVICE OF WHATEVER NATURE FOR USE OR CONSUMPTION DIRECTLY
 AND EXCLUSIVELY IN THE PRODUCTION OF SNOW BY ANY PERSON ENGAGED  IN  THE
 BUSINESS  OF  OPERATING  A  RECREATIONAL  FACILITY  FOR SKIING, SHALL BE
 EXEMPT FROM THE TAXES IMPOSED UNDER SUBDIVISIONS (A) AND (B) OF  SECTION
 ELEVEN  HUNDRED  FIVE AND THE COMPENSATING USE TAX IMPOSED UNDER SECTION
 ELEVEN HUNDRED TEN OF THIS ARTICLE.
 

S 3. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.
 PART XX
 

Section  1.  (a) Notwithstanding any other provision of law or rule or
 regulation to the contrary an electric generating  facility  located  in
 the county of Nassau, Suffolk or the Rockaway Peninsula of the county of
 Queens  and  that is listed as a site for a potential repowering project
 or retirement option, as considered on  page  twenty-nine  of  the  Long
 Island  Power Authority electric resource plan of 2010-2020, and includ
 ing the decommissioned nuclear power plant site in the town of Shoreham,
 shall be deemed to be a site eligible for participation  in  the  brown
 field cleanup program, as defined in subdivision 2 of section 27-1405 of
 the  environmental  conservation law, notwithstanding any limitations on
 participation listed in paragraphs (a) through (e) of such  subdivision,
 if  such electric generating facility site is intended to be redeveloped
 as a qualifying repowering or an  otherwise  new  or  expanded  electric
 generating facility as provided by subdivision (b) of this section.
 (b)  An  electric  generating  facility shall be deemed utilized for a
 qualifying repowering or an otherwise new or expanded electric  generat
 ing facility if it:

 (i)  is  designed and intended to operate at an electricity production
 efficiency level of at least 48 percent;
 (ii) will be capable of producing at least 600 mega watts of  electric
 generating capacity running at least 7000 hours per year;
 (iii)  will be able to achieve a 2 parts per million limit for nitrous
 oxide emissions using lowest achievable emission rate technologies;
 (iv) will utilize lowest  achievable  emission  rate  technologies  if
 feasible,  or,  at  a  minimum,  best available control technologies for
 carbon monoxide and sulfur dioxide emission levels;
 
       S. 6258--C                         83
 (v) will fully incorporate existing power generating structures within
 a repowering power electric generating facility, or will safely demolish
 and remove from such site the existing operating or decommissioned elec
 tric generating facility or facilities on such site prior to  the  issu
 ance of such certificate of completion; and
 (vi) will have been issued such certificate of completion on such site
 no  later  than  March 31, 2017, if such existing facility or facilities
 are scheduled to be, or are, decommissioned, or currently or proposed to
 be operated only under conditions determined to meet the criteria of  an
 emergency operator as declared by the New York independent system opera
 tor;  and  will place in service the new electric generating facility or
 facilities related to such site no later than March 31,  2020;  provided
 that  such  date  limitations regarding the issuance of a certificate of
 completion or placed in service date  shall  not  apply  to  the  former
 Shoreham  nuclear  power  plant site or any other facility or facilities
 not scheduled to be, or are, decommissioned, or currently or proposed to
 be operated only under conditions determined to meet the criteria of  an
 emergency operator as declared by the New York independent system opera
 tor  listed  as a repowering or retirement option on page twenty-nine of
 the  Long  Island  Power  Authority  adopted  electric   resource   plan
 2010-2020.
 (c) An electric generating facility which has satisfied the conditions
 of  subdivision (b) of this section and has been issued a certificate of
 completion pursuant to section 27-1419 of the environmental conservation
 law, shall be deemed to be (i) a site used primarily  for  manufacturing
 activities,  as  that phrase is defined in subparagraph (B) of paragraph
 (3-a) of subdivision (a) of section 21 of the tax law; and (ii) an envi
 ronmental zone, as defined  by  paragraph  (6)  of  subdivision  (b)  of
 section 21 and paragraph (5) of subdivision (a) of section 22 of the tax
 law.
 

S  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed on April 1, 2030.
 PART YY
 

Section 1. Within 90 days, the power authority of  the  state  of  New
 York shall conduct an analysis of the current economic viability of load
 producing  electric  generating facilities in the counties of Chautauqua
 and Niagara, and as deemed feasible and advisable by the board of  trus
 tees, taking full consideration of the requirements and viability of the
 entire  power  generating  system  needs  of  the state of New York with
 special consideration of the ratepayers and  taxpayers  in  Western  New
 York, recommend entering into a purchase power agreement with the owners
 and  operators  of such facilities. Such power purchase agreements shall
 be designed to maintain said facilities power production capacities at a
 rate sufficient to ensure at least three years worth of no less  than  a
 level  of  operating income necessary to allow said facilities to remain
 open and functioning and fully staffed at at  least  ninety  percent  of
 current employment levels, payrolls and benefits.
 

S 2. This act shall take effect immediately.
 

S 2. Severability clause. If any clause, sentence, paragraph, subdivi
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg
 
       S. 6258--C                         84
 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 YY of this act shall be
 as specifically set forth in the last section of such Parts.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!