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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Apr 13, 2015 |
signed chap.58 |
| Apr 01, 2015 |
delivered to governor |
| Mar 30, 2015 |
returned to assembly passed senate substituted for s2008b referred to finance delivered to senate passed assembly motion to amend lost motion to amend lost ordered to third reading rules cal.16 rules report cal.16 reported reported referred to rules |
| Mar 27, 2015 |
print number 3008b |
| Mar 27, 2015 |
amend (t) and recommit to ways and means print number 3008a |
| Mar 27, 2015 |
amend (t) and recommit to ways and means |
| Jan 21, 2015 |
referred to ways and means |
Assembly Bill A3008B
Signed By Governor2015-2016 Legislative Session
Enacts into law major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for the 2015-2016 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 30, 2015
aye (40)- Amedore
- Avella
- Bonacic
- Boyle
- Carlucci
- Croci
- DeFrancisco
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Golden
- Griffo
- Hannon
- Kennedy
- Klein
- LaValle
- Lanza
- Larkin
- Little
- Marcellino
- Marchione
- Martins
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Ranzenhofer
- Ritchie
- Robach
- Sampson
- Savino
- Serino
- Seward
- Skelos
- Valesky
- Venditto
- Young
nay (22)excused (1)
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Bill Amendments
2015-A3008 - Details
- See Senate Version of this Bill:
- S2008
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2015-A3008 - Summary
Relates to the effectiveness of motor vehicle transaction fees and certain costs relating to the department of motor vehicles; relates to fees for motor carriers; relates to mass transportation payments including Ontario county to the Rochester-Genesee Regional Transportation District; creates a transit assistance for capital investments fund
2015-A3008 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2008 A. 3008
S E N A T E - A S S E M B L Y
January 21, 2015
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend part U1 of chapter 62 of the laws of 2003 amending the
vehicle and traffic law and other laws relating to increasing certain
motor vehicle transaction fees, in relation to the effectiveness ther-
eof; and to amend chapter 84 of the laws of 2002, amending the state
finance law relating to the costs of the department of motor vehicles,
in relation to permanently authorizing payment of department of motor
vehicle costs from the dedicated highway and bridge trust fund (Part
A); to amend the infrastructure investment act, in relation to expand-
ing the definition of authorized state entity and increasing the
threshold amounts for projects utilizing design-build contracts (Part
B); to amend the transportation law, in relation to fees for motor
carriers; and to repeal certain provisions of such law relating there-
to (Part C); to amend chapter 413 of the laws of 1999, relating to
providing for mass transportation payments, in relation to including
Ontario county to the Rochester-Genesee Regional Transportation
District (Part D); to amend the state finance law, in relation to
creating a transit assistance for capital investments fund (Part E);
authorizing the department of transportation to defer reductions in
service payments for two years (Part F); to amend the public authori-
ties law, the highway law, and the public officers law, in relation to
authorizing shared services agreements between the department of
transportation and the New York state thruway authority (Part G); to
amend the vehicle and traffic law, in relation to overweight permits
(Part H); to amend the vehicle and traffic law, the criminal procedure
law and the transportation law, in relation to the issuance of commer-
cial learner's permits and the disqualification of commercial driver's
licenses and commercial learner's permits (Part I); to amend public
authorities law, in relation to decreasing state responsibility for
certain costs incurred by the New York state thruway authority (Part
J); to amend the public authorities law, in relation to toll
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12573-01-5
S. 2008 2 A. 3008
collection regulations; to amend the public officers law, in relation
to electronic toll collection data; to amend the vehicle and traffic
law, in relation to liability of vehicle owners for toll collection
violations; and to amend chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port
of New York authority, in relation to tolls and other charges (Part
K); to amend the public authorities law, in relation to procurements
by the New York city transit authority and the metropolitan transpor-
tation authority (Part L); to amend the New York state urban develop-
ment corporation act, in relation to extending certain provisions
relating to the empire state economic development fund (Part M); to
amend chapter 393 of the laws of 1994, amending the New York state
urban development corporation act, relating to the powers of the New
York state urban development corporation to make loans, in relation to
the effectiveness thereof (Part N); to authorize and direct the New
York state energy research and development authority to make a payment
to the general fund of up to $913,000 (Part O); to authorize the ener-
gy 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 conserva-
tion's climate change program, from an assessment on gas and electric
corporations (Part P); to amend the executive law, in relation to
extending certain provisions relating to the minority- and women-owned
business enterprise disparity study; and to amend chapter 261 of the
laws of 1988 amending the state finance law and other laws relating to
the New York infrastructure trust fund, in relation to the effective-
ness of article 15-A of the executive law (Part Q); to authorize the
department of health to finance certain activities with revenues
generated from an assessment on cable television companies (Part R);
to amend chapter 58 of the laws of 2012 amending the public authori-
ties law relating to authorizing the dormitory authority to enter into
certain design and construction management agreements, in relation to
extending certain authority of the dormitory authority of the state of
New York (Part S); to amend chapter 21 of the laws of 2003, amending
the executive law relating to permitting the secretary of state to
provide special handling for all documents filed or issued by the
division of corporations and to permit additional levels of such expe-
dited service, in relation to extending the expiration date thereof
(Part T); to amend the real property law, in relation to eliminating
certain fees charged for an apartment information vendor license (Part
U); to amend the agriculture and markets law, in relation to eliminat-
ing certain license fees (Part V); to amend part B of chapter 173 of
the laws of 2013 relating to the issuance of securitized restructuring
bonds to refinance the outstanding debt of the Long Island power
authority, in relation to the issuance of securitized restructuring
bonds to refinance outstanding debt of the Long Island power authority
(Part W); to amend the navigation law and the state finance law, in
relation to license fees and surcharges for the transfer of petroleum
between vessels, between facilities and vessels, and between facili-
ties, whether onshore or offshore (Part X); to amend the environmental
conservation law, in relation to operating permit program fees, state
air quality control fees and state pollutant discharge elimination
system program fees (Part Y); to amend the environmental conservation
law, in relation to eliminating the registration fee for water well
driller certification (Part Z); to amend the state finance law and the
S. 2008 3 A. 3008
environmental conservation law, in relation to establishing a habitat
conservation and access account; and to repeal certain provisions of
the state finance law relating thereto (Part AA); and to amend the
local finance law, in relation to establishing a ten year period of
probable usefulness for municipally owned omnibus or surface transit
motor vehicles (Part BB)
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 2015-2016
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through BB. 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. Section 13 of part U1 of chapter 62 of the laws of 2003
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section 1 of
part C of chapter 57 of the laws of 2014, is amended to read as follows:
S 13. This act shall take effect immediately; [provided however that
sections one through seven of this act, the amendments to subdivision 2
of section 205 of the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed on April 1,
2015;] provided [further,] however, that the amendments to subdivision 3
of section 205 of the tax law made by section eight of this act shall
expire and be deemed repealed on March 31, 2018; provided further,
however, that the provisions of section eleven of this act shall take
effect April 1, 2004 [and shall expire and be deemed repealed on April
1, 2015].
S 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, as amended by section 2 of part C of chapter 57 of the laws of
2014, is amended to read as follows:
S 2. This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2002[; provided further, however, that this act shall
expire and be deemed repealed on April 1, 2015].
S 3. This act shall take effect immediately.
PART B
Section 1. Paragraph (e) of subdivision 6 of section 2 of part F of
chapter 56 of the laws of 2011, constituting the infrastructure invest-
ment act, is amended to read as follows:
S. 2008 4 A. 3008
(e) assist the use of the most efficient and effective procurement and
project management for infrastructure projects in the transportation,
energy, environment, public facilities, PUBLIC BUILDING and economic
development sectors.
S 2. Paragraph (a) of section 3 of part F of chapter 56 of the laws of
2011, constituting the infrastructure investment act, is amended to read
as follows:
(a) "authorized state entity" shall mean [the New York state thruway
authority, the department of transportation, the office of parks, recre-
ation and historic preservation, the department of environmental conser-
vation and the New York state bridge authority] ANY STATE AGENCY AS SUCH
TERM IS DEFINED IN SECTION 160 OF THE STATE FINANCE LAW, ANY STATE
AUTHORITY AS SUCH TERM IS DEFINED IN SECTION 2 OF THE PUBLIC AUTHORITIES
LAW, THE CITY UNIVERSITY OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK,
AND ANY AND ALL AFFILIATES OR SUBSIDIARIES OF SUCH ENTITIES.
S 3. Section 4 of part F of chapter 56 of the laws of 2011, constitut-
ing the infrastructure investment act, is amended to read as follows:
S 4. Notwithstanding the provisions of section 38 of the highway law,
section 136-a of the state finance law, [section] SECTIONS 359, 1678,
1680 AND 1680-A of the public authorities law, [section] SECTIONS 407-A,
6281 AND 7210 of the education law, SECTIONS 8 AND 9 OF THE PUBLIC
BUILDINGS LAW, SECTION 11 OF CHAPTER 795 OF THE LAWS OF 1967, SECTIONS 8
AND 9 OF SECTION 1 OF CHAPTER 359 OF THE LAWS OF 1968 AS AMENDED,
SECTION 29 OF CHAPTER 337 OF THE LAWS OF 1972, SECTION 21 OF CHAPTER 464
OF THE LAWS OF 1972, and the provisions of any other law to the contra-
ry, and in conformity with the requirements of this act, an authorized
state entity may utilize the alternative delivery method referred to as
design-build contracts for capital projects related to the state's phys-
ical infrastructure, including, but not limited to, the state's high-
ways, bridges, BUILDINGS, dams, flood control projects, canals, and
parks, including, but not limited to, to repair damage caused by natural
disaster, to correct health and safety defects, to comply with federal
and state laws, standards, and regulations, to extend the useful life of
or replace the state's highways, bridges, BUILDINGS, dams, flood control
projects, canals, and parks or to improve or add to the state's high-
ways, bridges, BUILDINGS, dams, flood control projects, canals, and
parks; provided that for the contracts executed by [the department of
transportation, the office of parks, recreation and historic preserva-
tion, or the department of environmental conservation] ANY AUTHORIZED
STATE AGENCY, the total cost of each such project shall not be less than
[one million two hundred thousand dollars ($1,200,000)] FIVE MILLION
DOLLARS ($5,000,000).
S 4. Section 8 of part F of chapter 56 of the laws of 2011, constitut-
ing the infrastructure investment act, is amended to read as follows:
S 8. If otherwise applicable, capital projects undertaken by the
authorized state entity pursuant to this act shall be subject to section
135 of the state finance law and section 222 of the labor law; PROVIDED,
HOWEVER, THAT AN AUTHORIZED STATE ENTITY THAT REQUIRES THE CONTRACTOR TO
PREPARE SEPARATE SPECIFICATIONS IN ACCORDANCE WITH SECTION 135 OF THE
STATE FINANCE LAW SHALL BE DEEMED TO BE IN COMPLIANCE WITH PROVISIONS OF
SUCH LAW. FOR ALL CAPITAL PROJECTS USING A DESIGN-BUILD CONTRACT THAT
ARE ESTIMATED TO COST IN EXCESS OF $50 MILLION, A PROJECT LABOR AGREE-
MENT, AS DEFINED IN SECTION 222 OF THE LABOR LAW, SHALL BE INCLUDED IN
THE REQUEST FOR PROPOSALS FOR THE CAPITAL PROJECT UNLESS, BASED UPON A
FEASIBILITY STUDY EXAMINING THE POTENTIAL COST SAVING AND EFFICIENCIES
OF A PROJECT LABOR AGREEMENT, THE AUTHORIZED STATE ENTITY CANNOT DETER-
S. 2008 5 A. 3008
MINE THAT A PROJECT LABOR AGREEMENT WOULD RESULT IN LABOR COST SAVINGS
OF AT LEAST FIVE PERCENT AND THAT ITS INTEREST IN OBTAINING THE BEST
WORK AT THE LOWEST POSSIBLE PRICE, PREVENTING FAVORITISM, FRAUD AND
CORRUPTION, AND OTHER CONSIDERATIONS SUCH AS THE IMPACT OF DELAY, THE
POSSIBILITY OF COST SAVINGS ADVANTAGES, AND ANY HISTORY OF LABOR UNREST,
ARE BEST MET BY REQUIRING A PROJECT LABOR AGREEMENT.
S 5. Section 17 of part F of chapter 56 of the laws of 2011, consti-
tuting the infrastructure investment act, is amended to read as follows:
S 17. ANY CONTRACT AWARDED PURSUANT TO THIS ACT SHALL BE DEEMED TO BE
AWARDED PURSUANT TO A COMPETITIVE PROCUREMENT FOR PURPOSES OF PUBLIC
AUTHORITIES LAW SECTION 2879-A.
S 18. This act shall take effect immediately [and shall expire and be
deemed repealed 3 years after such date, provided that, projects with
requests for qualifications issued prior to such repeal shall be permit-
ted to continue under this act notwithstanding such repeal].
S 6. Notwithstanding the provisions of article 5 of the general
construction law, the provisions of part F of chapter 56 of the laws of
2011, as amended by sections one, two, three, four and five of this act,
are hereby revived and shall continue in full force and effect as such
provisions existed on December 8, 2014.
S 7. This act shall take effect immediately.
PART C
Section 1. Section 144 of the transportation law is REPEALED and a new
section 144 is added to read as follows:
S 144. FEES AND CHARGES. THE COMMISSIONER OR THE COMMISSIONER'S DESIG-
NEE SHALL CHARGE AND COLLECT THE FOLLOWING FEES:
1. ONE HUNDRED DOLLARS FOR THE INSPECTION OR RE-INSPECTION OF ALL
MOTOR VEHICLES TRANSPORTING PASSENGERS SUBJECT TO THE DEPARTMENT'S
INSPECTION REQUIREMENTS PURSUANT TO SECTION ONE HUNDRED FORTY OF THIS
ARTICLE AND THE COMMISSIONER'S REGULATIONS, EXCEPT SUCH MOTOR VEHICLES
OPERATED UNDER CONTRACT WITH A MUNICIPALITY TO PROVIDE STATEWIDE MASS
TRANSPORTATION OPERATING ASSISTANCE ELIGIBLE SERVICE OR MOTOR VEHICLES
USED PRIMARILY TO TRANSPORT PASSENGERS PURSUANT TO SUBPARAGRAPHS (I),
(III) AND (V) OF PARAGRAPH A OF SUBDIVISION TWO OF SECTION ONE HUNDRED
FORTY OF THIS ARTICLE. THE DEPARTMENT MAY DENY FUTURE INSPECTION OF ANY
MOTOR VEHICLE TRANSPORTING PASSENGERS SUBJECT TO THE DEPARTMENT'S
INSPECTION REQUIREMENTS AS WELL AS ISSUANCE OF A CERTIFICATE OF
INSPECTION, IF SUCH FEE IS NOT PAID WITHIN NINETY DAYS OF RECEIPT OF AN
INVOICE.
2. ALL FEES CHARGED AND COLLECTED BY THE COMMISSIONER UNDER SUBDIVI-
SION ONE OF THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE
DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW.
S 2. Subdivision 1 of section 153 of the transportation law is
REPEALED and subdivisions 2, 3, 4, 5, 6, 7, 8 and 9 are renumbered
subdivisions 1, 2, 3, 4, 5, 6, 7 and 8.
S 3. Subdivisions 1 and 6 of section 154 of the transportation law, as
added by chapter 635 of the laws of 1983, are amended to read as
follows:
1. The commissioner may issue a permanent certificate of public
convenience and necessity to operate as a common carrier of passengers
to an applicant with or without hearing, except as provided in subdivi-
sions two and seven of this section, but upon notice to all interested
parties. If any application for authority to operate a bus line through
S. 2008 6 A. 3008
a county, city, village or town or in or through a territory or district
served by a bus line or a public transportation authority created pursu-
ant to titles nine, eleven, eleven-A, eleven-B, eleven-C and eleven-D of
article five of the public authorities law is protested by any such
municipality, bus line, or public transportation authority, and hearing
on such application is requested then no permanent authority shall be
granted prior to a hearing held on such application. The commissioner
shall consider any reasonable conditions required of the applicant by
such municipality regarding routing and franchise requirements and, in
cities having a population of over one million persons the commissioner
shall adopt the intracity routing requirements to the proposed destina-
tion point or points that are established by any such city, provided
that such city furnishes the routing requirements to the commissioner
within sixty days of the filing of the application with the department.
In addition the commissioner shall adopt insurance requirements provided
for by any such city. Except for the routing and insurance requirements
in cities having a population of over one million persons, the commis-
sioner shall impose requirements on the applicant deemed to be reason-
able and in the public interest as a condition to any authority granted.
[Applications for a permanent certificate shall be accompanied by a
filing fee as prescribed in section one hundred forty-four of this chap-
ter.] The application for a permanent certificate shall be granted if
the commissioner finds that:
(a) the applicant is fit, willing and able to provide the transporta-
tion to be authorized by the certificate and to comply with this chapter
and the regulations of the commissioner; and
(b) the service proposed will be required by the present or future
public convenience and necessity.
6. Any person holding a permanent certificate to provide bus line
service shall not discontinue service on any route unless an application
is made to the commissioner and the commissioner approves such applica-
tion upon a finding that the public convenience and necessity no longer
requires such bus line service. [Applications for discontinuance shall
be accompanied by a filing fee as prescribed in section one hundred
forty-four of this chapter.]
S 4. Subdivision 1 of section 155 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A permanent permit to operate as a contract carrier of passengers
may be issued by the commissioner to an applicant with or without a
hearing, but upon notice to all interested parties, authorizing such
applicant to provide transportation as a contract carrier of passengers.
[Applications for a permanent permit shall be accompanied by a filing
fee as prescribed in section one hundred forty-four of this chapter.]
The application for a permanent permit shall be granted if the commis-
sioner finds that:
(a) the applicant is fit, willing and able to provide the transporta-
tion to be authorized by the permit and to comply with this chapter and
the regulations of the commissioner; and
(b) the proposed service is or will be consistent with the public
interest and the policy declared in section one hundred thirty-seven of
this chapter.
S 5. Subdivision 3 of section 156 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
3. Certificates or permits shall not be assigned or transferred, in
any manner, nor shall the right to operate under any certificate or
permit be leased without prior approval of the commissioner upon such
S. 2008 7 A. 3008
notice as the commissioner shall deem appropriate. The assignment,
transfer or lease of certificates or permits or the right to operate
under any certificate or permit, shall not be approved unless the
commissioner shall find that it is in the public interest to do so. All
applications for transfer or lease must be in such form as prescribed by
the commissioner [and be accompanied by a filing fee as prescribed in
section one hundred forty-four of this chapter].
S 6. Subdivision 1 of section 173 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A temporary certificate or permit to operate as a common or
contract carrier of property may be issued by the commissioner to a
qualified applicant with or without a hearing for the purpose of provid-
ing a service for which there is an immediate or urgent need from or to
a point or points or within a territory. Applications for temporary
authority shall contain such information as the commissioner by regu-
lation may prescribe [and shall be accompanied by a filing fee as
prescribed in section one hundred forty-four of this chapter].
S 7. Subdivision 1 of section 174 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A permanent certificate to operate as a common carrier of property
may be issued by the commissioner to a qualified applicant with or with-
out hearing, but upon notice to all interested parties, authorizing such
applicant to provide transportation as a common carrier of property.
Applications for a permanent certificate shall contain such information
as the commissioner by regulation may prescribe [and shall be accompa-
nied by a filing fee as prescribed in section one hundred forty-four of
this chapter]. The application for a permanent certificate shall be
granted if the commissioner finds that:
(a) the applicant is fit, willing and able to provide the transporta-
tion to be authorized by the certificate and to comply with this chapter
and the regulations of the commissioner; and
(b) that the service proposed will be required by the present or
future public convenience and necessity.
S 8. Subdivision 1 of section 175 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A permanent permit to operate as a contract carrier of property may
be issued by the commissioner to an applicant with or without hearing,
but upon notice to all interested parties authorizing such applicant to
provide transportation as a contract carrier of property. [Applications
for a permanent permit shall be accompanied by a filing fee as
prescribed in section one hundred forty-four of this chapter.] The
application for a permanent permit shall be granted if the commissioner
finds that:
(a) the applicant is fit, willing and able to provide the transporta-
tion to be authorized and to comply with this chapter and the regu-
lations of the commissioner; and
(b) the proposed service to the extent authorized will be consistent
with the public interest and the policy declared in section one hundred
thirty-seven of this chapter.
S 9. Subdivision 3 of section 177 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
3. Certificates or permits shall not be assigned, transferred or
leased in any manner nor shall the right to operate under any certif-
icate or permit be leased without prior approval of the commissioner,
upon such notice as the commissioner shall deem appropriate. The assign-
ment, transfer or lease of a certificate, or the right to operate under
S. 2008 8 A. 3008
any certificate, shall not be approved unless the commissioner shall
find that it is in the public interest to do so. All applications for
assignment, transfer or lease must be in such form as prescribed by the
commissioner [and shall be accompanied by a filing fee as prescribed in
section one hundred forty-four of this chapter].
S 10. Subdivision 1 of section 192 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A probationary certificate to operate as a common carrier of house-
hold goods by motor vehicle may be issued by the commissioner to a qual-
ified applicant after public notice and with or without hearing. The
application shall contain such information as the commissioner by regu-
lation shall prescribe [and the application shall be accompanied by a
filing fee as prescribed in section one hundred forty-four of this chap-
ter]. A probationary certificate shall:
(a) create no presumption that a corresponding permanent certificate
will be granted;
(b) confer no proprietary or property rights in the use of the high-
ways;
(c) be granted for a period not to exceed one year, which may be
renewed for an additional one year period by the commissioner; and
(d) be subject to any conditions deemed appropriate by the commission-
er to be in the public interest.
S 11. Subdivision 6 of section 193 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
6. Permanent certificates issued pursuant to subdivision one of this
section shall have no application fee. [Applications for permanent
certificates issued pursuant to subdivision four of this section shall
be accompanied by a filing fee as prescribed in section one hundred
forty-four of this chapter.]
S 12. Subdivision 3 of section 195 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
3. Permanent certificates shall not be assigned, transferred or leased
in any manner nor shall the right to operate under any such certificate
be leased without prior approval of the commissioner upon such notice as
the commissioner shall deem appropriate. The assignment, transfer or
lease of a permanent certificate, shall not be approved unless the
commissioner shall find that it is in the public interest to do so. All
applications for transfer or lease must be in such form as prescribed by
the commissioner [and shall be accompanied by a filing fee as prescribed
in section one hundred forty-four of this chapter].
S 13. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART D
Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
relating to providing for mass transportation payments, as amended by
section 1 of part L of chapter 59 of the laws of 2006, is amended to
read as follows:
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, payment of mass transportation operating assistance pursuant
to section 18-b of the transportation law shall be subject to the
provisions contained herein and the amounts made available therefor by
appropriation.
In establishing service and usage formulas for distribution of mass
transportation operating assistance, the commissioner of transportation
S. 2008 9 A. 3008
may combine and/or take into consideration those formulas used to
distribute mass transportation operating assistance payments authorized
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
To improve the predictability in the level of funding for those
systems receiving operating assistance payments under service and usage
formulas, the commissioner of transportation is authorized with the
approval of the director of the budget, to provide service payments
based on service and usage statistics of the preceding year.
In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching payments required to be made by a county to any such authority
shall be as follows:
Percentage of matching payment required to be provided:
Percentage
of Matching
Local Jurisdiction Payment
--------------------------------------------
In the Metropolitan Commuter
Transportation District:
New York City ................ 6.40
Dutchess ..................... 1.30
Nassau ....................... 39.60
Orange ....................... 0.50
Putnam ....................... 1.30
Rockland ..................... 0.10
Suffolk ...................... 25.70
Westchester .................. 25.10
In the Capital District Trans-
portation District:
Albany ....................... 56.10
Rensselaer ................... 23.30
Saratoga ..................... 4.10
Schenectady .................. 16.50
In the Central New York Re-
gional Transportation Dis-
trict:
Cayuga ....................... 5.11
Onondaga ..................... 75.83
Oswego ....................... 2.85
Oneida ....................... 16.21
In the Rochester-Genesee Re-
gional Transportation Dis-
trict:
Genesee ...................... [1.43] 1.36
Livingston ................... [0.94] .90
Monroe ....................... [94.58] 90.14
Wayne ........................ [1.03] .98
Wyoming ...................... [0.54] .51
Seneca ....................... [0.67] .64
Orleans ...................... [0.81] .77
ONTARIO ...................... 4.69
In the Niagara Frontier Trans-
S. 2008 10 A. 3008
portation District: Erie ......................... 89.20
Niagara ...................... 10.80
Notwithstanding any other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to other
public transportation systems in payment of state operating assistance
or such lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
Notwithstanding the reporting date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving mass trans-
portation operating assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and where payment
is not made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other basis as may be
agreed upon by the commissioner of transportation, the director of the
budget, and the chief executive officer of such city, county, Indian
tribe or intercity bus company.
The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has iden-
tified a problem related to system performance, the commissioner may
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the evaluation
process.
Payments shall be made contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget, which shall
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The chief executive
officer of each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition to informa-
tion required by section 18-b of the transportation law, such other
information as the commissioner of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
Counties, municipalities or Indian tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
the service payment formula shall be required to describe the proposed
S. 2008 11 A. 3008
method of distributing governmental operating aid and submit it one
month prior to the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
distribution of state aid. The commissioner of transportation shall only
approve alternate distribution methods which are consistent with the
transportation needs of the people to be served and ensure that the
system of private operators does not exceed established maximum service
payment limits. Copies of such approvals shall be submitted to the
chairpersons of the senate finance and assembly ways and means commit-
tees.
Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized to
continue to use prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of 1981. In
the event that actual revenue passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used as the basis of payment upon
approval by the commissioner of transportation. In such event, the
succeeding payment shall be adjusted to reflect the difference between
the actual and estimated total number of revenue passengers and vehicle,
nautical or car miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise specified by such commissioner. In the event that a public
transportation system ceases to participate in the program, operating
assistance due for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
Payments shall be contingent on compliance with audit requirements
determined by the commissioner of transportation.
In the event that an audit of a public transportation system or
private operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an over-
payment results from an audit of revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
ators in cases where more than a reasonable return based on equity or
operating revenues and expenses has resulted, the commissioner of trans-
portation, in addition to recovering the amount of state operating
assistance overpaid, shall also recover interest, as defined by the
department of taxation and finance, on the amount of the overpayment.
Notwithstanding any other law, rule or regulation to the contrary,
whenever the commissioner of transportation is notified by the comp-
troller that the amount of revenues available for payment from an
account is less than the total amount of money for which the public mass
transportation systems are eligible pursuant to the provisions of
section 88-a of the state finance law and any appropriations enacted for
these purposes, the commissioner of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law, payments
may be made in quarterly installments or in such other manner and at
such other times as the commissioner of transportation, with the
approval of the director of the budget may prescribe.
S. 2008 12 A. 3008
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, 2015.
PART E
Section 1. The state finance law is amended by adding a new section
99-w to read as follows:
S 99-W. TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL CAPITAL FUND TO BE KNOWN
AS THE "TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND."
2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT
ACCOUNT WITHIN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND:
METROPOLITAN TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS ACCOUNT
3. THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS 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 TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE RETAINED IN AND BECOME A PART OF SUCH FUND.
4. MONEYS IN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND
SHALL, FOLLOWING APPROPRIATION BY THE LEGISLATURE, BE UTILIZED FOR CAPI-
TAL PURPOSES, INCLUDING, BUT NOT LIMITED TO THE PLANNING AND DESIGN,
ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REPLACEMENT, IMPROVEMENT,
RECONDITIONING, REHABILITATION AND PRESERVATION OF MASS TRANSIT FACILI-
TIES, VEHICLES, RELATED EQUIPMENT AND ROLLING STOCK WITH AN AVERAGE
SERVICE LIFE OF NO LESS THAN FIVE YEARS.
5. MONEYS DEPOSITED INTO THE METROPOLITAN TRANSIT ASSISTANCE FOR CAPI-
TAL INVESTMENTS ACCOUNT SHALL BE AVAILABLE TO THE METROPOLITAN TRANSPOR-
TATION AUTHORITY (MTA) AND TO ALL OTHER PUBLIC TRANSPORTATION SYSTEMS
SERVING PRIMARILY WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION
DISTRICT, AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC
AUTHORITIES LAW, ELIGIBLE TO RECEIVE OPERATING ASSISTANCE UNDER THE
PROVISIONS OF SECTION EIGHTEEN-B OF THE TRANSPORTATION LAW CONSISTENT
WITH THE USES OUTLINED IN SUBDIVISION FOUR OF THIS SECTION.
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO CAPITAL ASSISTANCE
PAYMENT AUTHORIZED UNDER THIS SECTION MAY BE APPLIED TO OPERATING
EXPENSES.
7. ALL PAYMENTS OF MONEY FROM THE TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE MADE IN ACCORDANCE WITH A FORMULA TO BE ESTAB-
LISHED BY THE COMMISSIONER OF TRANSPORTATION WITH THE APPROVAL OF THE
DIRECTOR OF THE BUDGET.
8. ALL PAYMENTS OF MONEYS FROM THE TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE MADE ON THE AUDIT AND WARRANT OF THE COMP-
TROLLER.
S 2. This act shall take effect immediately.
PART F
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, the commissioner of transportation may approve the deferral of
any required reductions in service payments to unspecified public trans-
portation systems, pursuant to the hold-harmless provision of the State-
wide Mass Transportation Operating Assistance (STOA) program provided in
17 N.Y.C.R.R. 975.18, on an annual basis for a period of no more than
two years.
S. 2008 13 A. 3008
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, 2014.
PART G
Section 1. Section 351 of the public authorities law is amended by
adding a new subdivision 14 to read as follows:
14. THE TERM "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TRANSPORTATION.
S 2. The public authorities law is amended by adding two new sections
357-b and 357-c to read as follows:
S 357-B. SHARING EMPLOYEES, SERVICES AND RESOURCES. A SHARED SERVICES
AGREEMENT MAY BE EXECUTED BETWEEN THE AUTHORITY AND THE DEPARTMENT TO
SHARE EMPLOYEES, SERVICES OR RESOURCES AS DEEMED APPROPRIATE INCLUDING,
BUT NOT LIMITED TO, FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE
DEPARTMENT ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE
AUTHORITY, AND FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE AUTHOR-
ITY ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE DEPART-
MENT. SUCH AGREEMENT OR ANY PROJECT UNDERTAKEN PURSUANT TO SUCH AGREE-
MENT SHALL NOT BE DEEMED TO IMPAIR THE RIGHTS OF BONDHOLDERS AND MAY
PROVIDE FOR, BUT NOT BE LIMITED TO, THE MANAGEMENT, SUPERVISION AND
DIRECTION OF SUCH EMPLOYEES' PERFORMANCE OF SUCH SERVICES.
S 357-C. INDEMNIFICATION AND DEFENSE UNDER SHARED SERVICES AGREEMENT.
1. THE AUTHORITY SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF
THE DEPARTMENT, USING THE FORCES OF THE DEPARTMENT OF LAW PURSUANT TO
SECTION THREE HUNDRED SIXTY-TWO OF THIS TITLE IN ANY ACTION, PROCEEDING,
CLAIM, DEMAND OR THE PROSECUTION OF ANY APPEAL ARISING FROM OR OCCA-
SIONED BY THE ACTS OR OMISSIONS TO ACT IN THE PERFORMANCE OF THE FUNC-
TIONS OF THE AUTHORITY PURSUANT TO A SHARED SERVICES AGREEMENT.
2. DEFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE CONDI-
TIONED UPON THE FULL COOPERATION OF THE DEPARTMENT.
3. THE AUTHORITY SHALL INDEMNIFY AND HOLD HARMLESS ANY UNIT, ENTITY,
OFFICER OR EMPLOYEE OF THE DEPARTMENT IN THE AMOUNT OF ANY JUDGMENT
OBTAINED AGAINST THE DEPARTMENT OR IN THE AMOUNT OF ANY SETTLEMENT THE
DEPARTMENT ENTERS INTO WITH THE CONSENT OF THE AUTHORITY FOR ANY AND ALL
CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
OMISSIONS TO ACT OF THE AUTHORITY OR ITS SUBSIDIARIES PURSUANT TO A
SHARED SERVICES AGREEMENT; PROVIDED, HOWEVER, THAT THE ACT OR OMISSION
FROM WHICH SUCH JUDGMENT OR SETTLEMENT AROSE OCCURRED WHILE THE AUTHORI-
TY OR ITS SUBSIDIARIES WAS ACTING WITHIN THE SCOPE OF ITS FUNCTIONS
PURSUANT TO A SHARED SERVICES AGREEMENT. NO SUCH SETTLEMENT OF ANY SUCH
ACTION, PROCEEDING, CLAIM OR DEMAND SHALL BE MADE WITHOUT THE APPROVAL
OF THE BOARD OR ITS DESIGNEE.
4. ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFICER
OR EMPLOYEE OF THE AUTHORITY THAT ARISES PURSUANT TO ANY SHARED SERVICES
AGREEMENT SHALL NOT BE CONSTRUED IN ANY WAY TO IMPAIR, ALTER, LIMIT,
MODIFY, ABROGATE OR RESTRICT ANY IMMUNITY AVAILABLE TO OR CONFERRED UPON
ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF THE AUTHORITY, OR TO IMPAIR,
ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT ANY RIGHT TO DEFENSE AND
INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
AL STATUTORY OR COMMON LAW.
5. THIS SECTION SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF ANY
CLAIMANT TO GIVE NOTICE TO THE STATE AND THE AUTHORITY UNDER SECTION TEN
AND SECTION ELEVEN OF THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF
LAW.
S. 2008 14 A. 3008
6. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO IMPAIR,
ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER UNDER
ANY INSURANCE AGREEMENT.
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN EMPLOYED PURSUANT
TO A SHARED SERVICES AGREEMENT, EMPLOYEES OF THE AUTHORITY, AND ITS
SUBSIDIARIES AND THE DEPARTMENT SHALL BE DEEMED EMPLOYEES OF ALL SUCH
ENTITIES AND THE STATE FOR PURPOSES OF THE WORKERS' COMPENSATION LAW.
S 3. Section 10-a of the highway law is amended by adding a new subdi-
vision 13 to read as follows:
13. (A) THE STATE SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR EMPLOYEE
OF THE NEW YORK STATE THRUWAY AUTHORITY USING THE FORCES OF THE DEPART-
MENT OF LAW IN ANY ACTION, PROCEEDING, CLAIM, DEMAND OR THE PROSECUTION
OF ANY APPEAL ARISING FROM OR OCCASIONED BY THE ACTS OR OMISSIONS TO ACT
IN THE PERFORMANCE OF THE FUNCTIONS OF THE DEPARTMENT PURSUANT TO A
SHARED SERVICES AGREEMENT.
(B) DEFENSE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
CONDITIONED UPON THE FULL COOPERATION OF THE NEW YORK STATE THRUWAY
AUTHORITY.
(C) THE STATE SHALL INDEMNIFY AND HOLD HARMLESS ANY UNIT, ENTITY,
OFFICER OR EMPLOYEE OF THE NEW YORK STATE THRUWAY AUTHORITY IN THE
AMOUNT OF ANY JUDGMENT OBTAINED AGAINST THE NEW YORK STATE THRUWAY
AUTHORITY OR IN THE AMOUNT OF ANY SETTLEMENT THE NEW YORK STATE THRUWAY
AUTHORITY ENTERS INTO WITH THE CONSENT OF THE STATE FOR ANY AND ALL
CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
OMISSIONS TO ACT OF THE DEPARTMENT PURSUANT TO A SHARED SERVICES AGREE-
MENT, PROVIDED, HOWEVER, THAT THE ACT OR OMISSION FROM WHICH SUCH JUDG-
MENT OR SETTLEMENT AROSE OCCURRED WHILE THE DEPARTMENT WAS ACTING WITHIN
THE SCOPE OF ITS FUNCTIONS PURSUANT TO A SHARED SERVICES AGREEMENT. ANY
SUCH SETTLEMENT SHALL BE EXECUTED PURSUANT TO SECTION TWENTY-A OF THE
COURT OF CLAIMS ACT.
(D) ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFI-
CER OR EMPLOYEE OF THE DEPARTMENT PURSUANT TO ANY SHARED SERVICES AGREE-
MENT SHALL NOT BE CONSTRUED IN ANY WAY TO IMPAIR, ALTER, LIMIT, MODIFY,
ABROGATE OR RESTRICT ANY IMMUNITY AVAILABLE TO OR CONFERRED UPON ANY
UNIT, ENTITY, OFFICER OR EMPLOYEE OF THE DEPARTMENT, OR TO IMPAIR,
ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT ANY RIGHT TO DEFENSE AND
INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
AL STATUTORY OR COMMON LAW.
(E) THIS SUBDIVISION SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF ANY
CLAIMANT TO GIVE NOTICE TO THE STATE UNDER SECTIONS TEN AND ELEVEN OF
THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF LAW.
(F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO
IMPAIR, ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER
UNDER ANY INSURANCE AGREEMENT.
(G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EMPLOYEES OF THE THRU-
WAY AUTHORITY, ITS SUBSIDIARIES AND THE DEPARTMENT SHALL BE DEEMED
EMPLOYEES OF ALL SUCH ENTITIES AND THE STATE FOR PURPOSES OF THE WORK-
ERS' COMPENSATION LAW.
(H) ANY PAYMENT MADE PURSUANT TO THIS SUBDIVISION OR ANY MONIES PAID
FOR A CLAIM AGAINST OR SETTLEMENT WITH THE DEPARTMENT OR THE NEW YORK
STATE THRUWAY AUTHORITY PURSUANT TO THIS SECTION AND PURSUANT TO A
SHARED SERVICES AGREEMENT SHALL BE PAID FROM APPROPRIATIONS FOR PAYMENT
BY THE STATE PURSUANT TO THE COURT OF CLAIMS ACT.
S 4. Subdivision 1 of section 17 of the public officers law is amended
by adding a new paragraph (y) to read as follows:
S. 2008 15 A. 3008
(Y) FOR PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE
MEMBERS OF THE BOARD, OFFICERS AND EMPLOYEES OF THE NEW YORK STATE THRU-
WAY AUTHORITY OR ITS SUBSIDIARIES.
S 5. This act, being necessary for the prosperity of the state and its
inhabitants, shall be liberally construed to effect the purposes and
secure the beneficial intents hereof.
S 6. If any provision of any section of this act or the application
thereof to any person or circumstance shall be adjudged invalid by a
court of competent jurisdiction, such order or judgment shall be
confined in its operation to the controversy in which it was rendered,
and shall not affect or invalidate the remainder of any provision of any
section of this act or the application thereof to any other person or
circumstance and to this end the provisions of each section of this act
are hereby declared to be severable.
S 7. This act shall take effect immediately.
PART H
Section 1. Subdivision 15 of section 385 of the vehicle and traffic
law is amended by adding a new paragraph (l) to read as follows:
(L) WHEN AN ANNUAL PERMIT IS ISSUED, PURSUANT TO THIS SUBDIVISION, FOR
THE OPERATION OF A VEHICLE WITH A MAXIMUM GROSS WEIGHT IN EXCESS OF
EIGHTY THOUSAND POUNDS, SUCH PERMIT SHALL SERVE AS PROOF OF THE MAXIMUM
GROSS WEIGHT ALLOWED FOR SUCH VEHICLE NOTWITHSTANDING THE MAXIMUM GROSS
WEIGHT FOR SUCH VEHICLE AS STATED ON THE APPLICATION FOR REGISTRATION
PROVIDED THAT THE OPERATION OF SUCH VEHICLE IS IN COMPLIANCE WITH THE
TERMS OF THE ANNUAL PERMIT ISSUED AND ANY REQUIREMENTS OR CONDITIONS
APPLICABLE THERETO.
S 2. Paragraph (b) of schedule F of subdivision 7 of section 401 of
the vehicle and traffic law, as amended by chapter 55 of the laws of
1992, is amended to read as follows:
(b) As used in this schedule, the term "snow plow" shall not include
farm type tractors used exclusively for agricultural purposes, or for
snow plowing other than for hire, as defined in section one hundred
twenty-five of this chapter, when used for plowing or removing snow,
provided such plowing or snow removal is not done for hire.
No person shall operate or move, or cause or knowingly permit to be
operated or moved on any public highway in this state any auto truck,
agricultural truck or light delivery car, registered in this state,
having a combined weight of vehicle and load in excess of the maximum
gross weight for such vehicle as stated on the application for registra-
tion. Such maximum gross weight [cannot] SHALL NOT be more than the
weight permitted under section three hundred eighty-five of this chapter
or the weight permitted by the rules or regulations of the department of
transportation of any city not wholly included within one county or
under permits that may be issued pursuant to such section, rules or
regulations whichever is the least restrictive.
S 3. Paragraph b of subdivision 9 of section 401 of the vehicle and
traffic law, as amended by chapter 847 of the laws of 1968, is amended
to read as follows:
b. Where a vehicle registered under the provisions of subdivisions
seven or eight of this section on the basis of maximum gross weight
requires a corrected registration because of a load in excess of the
maximum load as certified in the application for registration, or the
registrant desires to register the vehicle at a lower gross maximum
weight, an application shall be made for correct registration; PROVIDED,
S. 2008 16 A. 3008
HOWEVER, THAT WHEN AN ANNUAL PERMIT IS ISSUED PURSUANT TO SUBDIVISION
FIFTEEN OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER FOR THE
OPERATION OF A VEHICLE WITH A MAXIMUM GROSS WEIGHT IN EXCESS OF EIGHTY
THOUSAND POUNDS, A CORRECTED REGISTRATION SHALL NOT BE REQUIRED PURSUANT
TO THIS PARAGRAPH. Upon the surrendering of the certificate of registra-
tion and the payment of a fee of two dollars together with the balance
of the annual fee for the correct registration over the fee as previous-
ly registered, such corrected registration may be issued. No return of
any part of the fee paid for the previous registration shall be made in
case of a reduction of maximum gross weight certified in the application
for a corrected registration.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART I
Section 1. Item 1 of clause (A) of subparagraph (ii) of paragraph (i)
of subdivision 1 of section 201 of the vehicle and traffic law, as
amended by section 1 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
(1) fifty-five years where the conviction and suspension or revocation
order relates to a conviction, suspension or revocation by the holder of
any driver's license when operating a commercial motor vehicle, as
defined in subdivision four of section five hundred one-a of this chap-
ter, or by the holder of a commercial driver's license OR COMMERCIAL
LEARNER'S PERMIT when operating any motor vehicle, who: has refused to
submit to a chemical test pursuant to section eleven hundred ninety-four
of this chapter or has been convicted of any of the following offenses:
any violation of subdivision ONE, two, TWO-A, three [or], four OR FOUR-A
of section eleven hundred ninety-two of this chapter, any violation of
subdivision one or two of section six hundred of this chapter, any felo-
ny involving the use of a motor vehicle, other than the use of a motor
vehicle in the commission of a felony involving manufacturing, distrib-
uting, dispensing a controlled substance; or the conviction, suspension
or revocation involves any of the following offenses while operating a
commercial motor vehicle: any violation of subdivision five or six of
section eleven hundred ninety-two of this chapter, driving a commercial
motor vehicle when as a result of prior violations committed while oper-
ating a commercial motor vehicle, the driver's commercial driver's
license OR COMMERCIAL LEARNER'S PERMIT is suspended or revoked, or has
been convicted of causing a fatality through the negligent operation of
a commercial motor vehicle, including but not limited to the crimes of
vehicular manslaughter and criminally negligent homicide as set forth in
article one hundred twenty-five of the penal law;
S 2. Subdivision 6 of section 501-a of the vehicle and traffic law, as
added by chapter 173 of the laws of 1990, is amended to read as follows:
6. Tank vehicle. Any commercial motor vehicle designed to transport
any liquid or gaseous material within [a]: (I) A tank that is either
permanently or temporarily attached to the vehicle or the chassis AND
HAS A RATED CAPACITY OF ONE THOUSAND GALLONS OR MORE; OR (II) MULTIPLE
TANKS EITHER PERMANENTLY OR TEMPORARILY ATTACHED OR SECURED, WHEN THE
AGGREGATE RATED CAPACITY OF THOSE TANKS IS ONE THOUSAND GALLONS OR MORE,
AS DETERMINED BY ADDING THE CAPACITY OF EACH INDIVIDUAL TANK WITH A
CAPACITY OF MORE THAN ONE HUNDRED NINETEEN GALLONS. [Such vehicles
include, but are not limited to, cargo and portable tanks, as defined in
49 CFR part 171. However, this definition does not include portable
S. 2008 17 A. 3008
tanks having a rated capacity under one thousand gallons.] PROVIDED,
HOWEVER, IF A COMMERCIAL MOTOR VEHICLE TRANSPORTS ONE OR MORE TANKS THAT
ARE MANIFESTED EITHER AS EMPTY OR AS RESIDUE AND THAT ARE ACTUALLY EMPTY
OR CONTAIN ONLY RESIDUE, THOSE TANKS SHALL NOT BE CONSIDERED IN DETER-
MINING WHETHER THE VEHICLE IS A TANK VEHICLE.
S 3. Paragraph (b) of subdivision 1 of section 503 of the vehicle and
traffic law, as amended by section 2 of part D of chapter 58 of the laws
of 2012, 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, A COMMERCIAL LEARNER'S PERMIT SHALL BE VALID FOR NO
MORE THAN ONE HUNDRED EIGHTY DAYS, EXCEPT THAT SUCH PERMIT MAY BE
RENEWED, IN THE COMMISSIONER'S DISCRETION, FOR AN ADDITIONAL ONE HUNDRED
EIGHTY DAYS. Provided, however, that a COMMERCIAL learner's permit
issued by the commissioner in connection with an application for a
commercial driver's license shall be cancelled within sixty days of the
holder's medical certification status becoming "not-certified" based
upon: (i) the expiration of the holder's medical certification or
medical variance documentation required by the federal motor carrier
safety improvement act of 1999 and Part 383.71(h) of title 49 of the
code of federal regulations; (ii) the holder's failure to submit such
medical certification or medical variance documentation at such inter-
vals as required by the federal motor carrier safety improvement act of
1999 and Part 383.71(h) of title 49 of the code of federal regulations
and in a manner prescribed by the commissioner; or (iii) the receipt by
the commissioner of information from the issuing medical examiner or the
federal motor carrier safety administration that a medical certification
or medical variance was issued in error or rescinded. The commissioner
shall, upon a holder's status becoming "not-certified", notify the hold-
er of such COMMERCIAL learner's permit issued in connection with a
commercial driver's license application by first class mail to the
address of such person on file with the department or at the current
address provided by the United States postal service of his or her
"not-certified" medical certification status and that the commercial
motor vehicle privileges of such COMMERCIAL learner's permit will be
cancelled unless he or she submits a current medical certificate and/or
medical variance in accordance with Part 383.71(h) of title 49 of the
code of federal regulations or changes his or her self-certification to
driving only in excepted [or intrastate] commerce in accordance with
Part 383.71(b)[(ii)(B), (C) or (D)](1) of title 49 of the code of feder-
al regulations.
S 4. Subdivision 6 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph o to read as follows:
O. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
WHERE REVOCATION IS MANDATORY PURSUANT TO SUBPARAGRAPH (III) OF PARA-
GRAPH A OF SUBDIVISION TWO OF THIS SECTION INVOLVING A VIOLATION OF
SECTION THREE HUNDRED NINETY-TWO OF THIS CHAPTER IN RELATION TO AN
APPLICATION FOR A COMMERCIAL DRIVER'S LICENSE OR A COMMERCIAL LEARNER'S
PERMIT, NO NEW COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL LEARNER'S
PERMIT SHALL BE ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER EXCEPT IN
THE DISCRETION OF THE COMMISSIONER.
S 5. Paragraph (b) of subdivision 3 of section 510-a of the vehicle
and traffic law, as amended by section 7 of part K of chapter 59 of the
S. 2008 18 A. 3008
laws of 2009, is amended, and two new subdivisions 9 and 10 are added to
read as follows:
(b) A commercial driver's license shall be suspended by the commis-
sioner for a period of one hundred twenty days where the holder is
convicted of three serious traffic violations as defined in subdivision
four of this section committed within a three year period, in separate
incidents whether such convictions occurred within or outside of this
state. [Such suspension shall take effect upon the termination of any
other suspension already in effect pursuant to paragraph (a) of this
subdivision or this paragraph.]
9. APPLICATION OF DISQUALIFICATIONS TO HOLDERS OF A COMMERCIAL
LEARNER'S PERMIT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY
PROVISION OF THIS CHAPTER RELATING TO THE REVOCATION, SUSPENSION, DOWN-
GRADING, DISQUALIFICATION OR CANCELLATION OF A COMMERCIAL DRIVER'S
LICENSE SHALL APPLY IN THE SAME MANNER TO A COMMERCIAL LEARNER'S PERMIT.
10. CONSECUTIVE DISQUALIFICATION PERIODS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, ANY SUSPENSION, REVOCATION OR DISQUALIFICATION APPLI-
CABLE TO THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL
LEARNER'S PERMIT THAT IS REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE
OF FEDERAL REGULATIONS AND BY THE PROVISIONS OF THIS CHAPTER SHALL TAKE
EFFECT UPON THE EXPIRATION OF THE MINIMUM PERIOD OF ANY OTHER SUSPEN-
SION, REVOCATION OR DISQUALIFICATION OF SUCH LICENSE OR PERMIT THAT IS
REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS
AND BY THE PROVISIONS OF THIS CHAPTER.
S 6. Paragraph (d) of subdivision 1 of section 514 of the vehicle and
traffic law, as added by section 7 of part CC of chapter 58 of the laws
of 2011, is amended to read as follows:
(d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of
this subdivision, upon a judgment of conviction for a violation of any
provisions of this chapter or of any local law, rule, ordinance or regu-
lation relating to traffic (except one related to parking, stopping or
standing), the court or the clerk thereof shall, within ninety-six hours
of the imposition of the sentence, file the certificate required by
paragraph (a) of this subdivision, if the person convicted: (i) is the
holder of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license
issued by another state; or (ii) does not hold a COMMERCIAL LEARNER'S
PERMIT OR A commercial driver's license, but has been issued a license
by another state and is convicted of a violation that was committed in a
commercial motor vehicle, as defined in subdivision four of section five
hundred one-a of this title.
S 7. Subdivisions 1 and 2 of section 514-a of the vehicle and traffic
law, as added by chapter 173 of the laws of 1990, are amended to read as
follows:
1. Each person who operates a commercial motor vehicle for a New York
state employer who is convicted of violating within or outside of this
state, in any type of motor vehicle, a state or local law relating to
motor vehicle traffic control (other than a parking violation), shall
notify his/her current employer of such conviction. [Any person who
holds a commercial driver's license issued by the commissioner who does
not operate a commercial motor vehicle for a New York state employer or
who operates a commercial motor vehicle while self-employed who is
convicted in any other state, the District of Columbia or a Canadian
province of violating any law relating to motor vehicle traffic control
(other than a parking violation) while operating a commercial motor
vehicle shall notify the commissioner of such conviction.] Such notifi-
cation must be made within thirty days after the date that the person
S. 2008 19 A. 3008
has been convicted except that if a person is a bus driver as defined in
section five hundred nine-a of this chapter, such notification must be
made within five days after the date the person has been convicted as
required by section five hundred nine-i of this chapter. The above
notification must be made in writing and contain the following informa-
tion: (a) driver's full name; (b) driver's license number; (c) date of
conviction; (d) the specific criminal or other offense(s), serious traf-
fic violation(s) of state or local law relating to motor vehicle traffic
control, for which the person was convicted and any suspension, revoca-
tion, cancellation of any driving privileges or disqualification from
operating a commercial motor vehicle which resulted from such
conviction(s); (e) indication whether the violation was in a commercial
motor vehicle; (f) location of offense; (g) court or tribunal in which
the conviction occurred; and (h) driver's signature.
2. Each person who operates a commercial motor vehicle for a New York
state employer who has a COMMERCIAL LEARNER'S PERMIT OR A driver's
license suspended, revoked, or canceled by the commissioner or by the
appropriate authorities of any other state, District of Columbia or
Canadian province, or who loses the right to operate a commercial motor
vehicle in any state or jurisdiction for any period, or who is disquali-
fied from operating a commercial motor vehicle for any period, shall
notify his/her current employer of such suspension, revocation, cancel-
lation, lost privilege, or disqualification.
S 8. Section 514-c of the vehicle and traffic law, as added by chapter
251 of the laws of 2007, is amended to read as follows:
S 514-c. Notification of non-resident commercial operator convictions.
Within ten days of the conviction of: (a) any holder of a COMMERCIAL
LEARNER'S PERMIT OR A commercial driver's license issued by another
state for any violation of state or local law regulating traffic, other
than a parking, stopping or standing violation, committed while operat-
ing a motor vehicle in this state; or
(b) any holder of a driver's license issued by another state for any
violation of state or local law regulating traffic, other than a park-
ing, stopping or standing violation, committed while operating a commer-
cial motor vehicle in this state, the commissioner shall provide notice
of such conviction to the state which issued such holder's COMMERCIAL
LEARNER'S PERMIT, commercial driver's license or driver's license.
S 9. Subdivision 9 of section 170.55 of the criminal procedure law, as
added by section 8 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
9. Notwithstanding any other provision of this section, a court may
not issue an order adjourning an action in contemplation of dismissal if
the offense is for a violation of the vehicle and traffic law related to
the operation of a motor vehicle (except one related to parking, stop-
ping or standing), or a violation of a local law, rule or ordinance
related to the operation of a motor vehicle (except one related to park-
ing, stopping or standing), if such offense was committed by the holder
of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license or was
committed in a commercial motor vehicle, as defined in subdivision four
of section five hundred one-a of the vehicle and traffic law.
S 10. Paragraph c of subdivision 2 of section 140 of the transporta-
tion law is amended by adding a new subparagraph (vii) to read as
follows:
(VII) NO PERSON, CORPORATION, LIMITED LIABILITY COMPANY OR BUSINESS
ENTITY, JOINT STOCK ASSOCIATION, PARTNERSHIP, OR ANY OFFICER OR AGENT
THEREOF, SHALL KNOWINGLY ALLOW, REQUIRE, PERMIT OR AUTHORIZE ANY PERSON
S. 2008 20 A. 3008
TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SECTION FIVE
HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW, DURING ANY PERIOD IN WHICH
THE OPERATOR:
(A) DOES NOT HAVE A VALID COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL
DRIVER'S LICENSE; OR
(B) DOES NOT HAVE A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S
LICENSE WITH THE PROPER CLASS OR ENDORSEMENTS; OR
(C) VIOLATES ANY RESTRICTION ON SUCH OPERATOR'S COMMERCIAL LEARNER'S
PERMIT OR COMMERCIAL DRIVER'S LICENSE; OR
(D) HAS A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S LICENSE
THAT IS SUSPENDED, REVOKED OR CANCELLED, OR SUCH OPERATOR HAS BEEN
OTHERWISE DISQUALIFIED BY THE COMMISSIONER OF MOTOR VEHICLES; OR
(E) HAS MORE THAN ONE COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIV-
ER'S LICENSE.
A VIOLATION OF THIS SUBPARAGRAPH SHALL BE PUNISHABLE BY A FINE OF NOT
LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS.
S 11. This act shall take effect July 8, 2015 and shall apply to
violations committed on or after such date, and shall apply to permits
issued on or after such date.
PART J
Section 1. Subdivision 2 of section 357-a of the public authorities
law, as added by section 1 of part E of chapter 58 of the laws of 2013,
is amended to read as follows:
2. The state shall be responsible for additional goods and services
provided by the authority equal to [twenty-four million] TWENTY-ONE
MILLION FIVE HUNDRED THOUSAND dollars in each calendar year. Such goods
and services shall be deemed to be costs to the state and not operating
costs of the authority. The authority and the director of the division
of the budget shall enter into an agreement identifying any such state
costs and determine reporting and other requirements related thereto.
Such agreement and any amendments thereto shall be transmitted by the
authority, within ten business days of the execution of such agreement
and amendments thereto, to the chair of the senate finance committee,
the chair of the assembly ways and means committee, the chair of the
senate transportation committee and the chair of the assembly transpor-
tation committee. By February first of each year, a report identifying
all state costs paid pursuant to such agreement in the preceding calen-
dar year will be transmitted by the authority to the director of the
budget, the chair of the senate finance committee, the chair of the
assembly ways and means committee, the chair of the senate transporta-
tion committee and the chair of the assembly transportation committee.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2015.
PART K
Section 1. Section 2985 of title 11 of article 9 of the public author-
ities law is designated title 11-A and such title is amended by adding a
new title heading to read as follows:
TOLL COLLECTIONS
S 2. Subdivision 1 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
1. Notwithstanding any other provision of law, every public authority
which operates a toll highway bridge and/or tunnel facility is hereby
S. 2008 21 A. 3008
authorized and empowered to impose monetary liability [on the owner of a
vehicle] for failure [of an operator thereof] to comply with the toll
collection regulations of such public authority in accordance with the
provisions of this section.
S 3. Subdivision 3 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
3. For purposes of this section, the term "owner" shall mean any
person, corporation, partnership, firm, agency, association, lessor or
organization who, [at the time of the violation] WHEN THE OBLIGATION TO
PAY THE TOLL IS INCURRED and with respect to the vehicle identified in
the notice of liability: (a) is the beneficial or equitable owner of
such vehicle; or (b) has title to such vehicle; or (c) is the registrant
or co-registrant of such vehicle which is registered with the department
of motor vehicles of this state or any other state, territory, district,
province, nation or other jurisdiction; or (d) subject to the limita-
tions set forth in subdivision ten of this section, uses such vehicle in
its vehicle renting and/or leasing business; and includes (e) a person
entitled to the use and possession of a vehicle subject to a security
interest in another person. For purposes of this section, the term
"photo-monitoring system" shall mean a vehicle sensor installed to work
in conjunction with a toll collection facility which automatically
produces one or more photographs, one or more microphotographs, a vide-
otape or other recorded images of each vehicle at the time it is used or
operated in [violation of toll collection regulations] OR UPON A TOLL
FACILITY. For purposes of this section, the term "toll collection regu-
lations" shall mean: those rules and regulations of a public authority
providing for and requiring the payment of tolls and/or charges
prescribed by such public authority for the use of bridges, tunnels or
highways under its jurisdiction or those rules and regulations of a
public authority making it unlawful to refuse to pay or to evade or to
attempt to evade the payment of all or part of any toll and/or charge
for the use of bridges, tunnels or highways under the jurisdiction of
such public authority. For purposes of this section, the term "vehicle"
shall mean every device in, upon or by which a person or property is or
may be transported or drawn upon a highway, except devices used exclu-
sively upon stationary rails or tracks.
S 4. Subdivision 4 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
4. A certificate, sworn to or affirmed by an agent of the public
authority which charged that the violation occurred, or a facsimile
thereof, based upon inspection of [photographs, microphotographs, vide-
otape or other recorded images] DATA OR IMAGES produced by [a photo-mon-
itoring] AN ELECTRONIC TOLL COLLECTION system OR OTHER RECORDS MAIN-
TAINED BY OR ON BEHALF OF THE PUBLIC AUTHORITY REGARDING TOLL VIOLATIONS
shall be prima facie evidence of the facts contained therein and shall
be admissible in any proceeding charging a violation of toll collection
regulations, provided that any [photographs, microphotographs, videotape
or other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing such
a violation shall be available for inspection and admission into
evidence in any proceeding to adjudicate the liability for such
violation.
S 5. Subdivision 5 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
5. An owner found liable for a violation of toll collection regu-
lations pursuant to this section shall for a first violation thereof be
liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND
S. 2008 22 A. 3008
FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
dollars or two times the toll evaded whichever is greater; for a second
violation thereof both within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] TWO hundred dollars or five times
the toll evaded whichever is greater; for a third or subsequent
violation thereof all within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred [fifty] dollars or
ten times the toll evaded whichever is greater.
S 6. Paragraphs (a), (b) and (d) of subdivision 7 of section 2985 of
the public authorities law, as added by chapter 379 of the laws of 1992,
are amended to read as follows:
(a) A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of toll
collection regulations. Such notice shall be mailed no later than [thir-
ty] ONE HUNDRED TWENTY days after the alleged violation. Personal deliv-
ery on the owner shall not be required. A manual or automatic record of
mailing prepared in the ordinary course of business shall be prima facie
evidence of the mailing of the notice.
(b) A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of toll
collection regulations pursuant to this section, the registration number
AND STATE OF REGISTRATION of the vehicle involved in such violation, the
[location where such violation took place, the date and time] LOCATIONS,
DATES AND TIMES of EACH USE OF THE FACILITY THAT FORMS THE BASIS OF such
violation, THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES,
and the identification number of the [photo-monitoring] ELECTRONIC TOLL
COLLECTION system which recorded the [violation] VEHICLE BEING USED OR
OPERATED ON THE TOLL FACILITY or other document locator number.
(d) The notice of liability shall be prepared and mailed by OR ON
BEHALF OF the public authority having jurisdiction over the toll facili-
ty where the violation of toll collection regulations occurred.
S 7. Subdivision 8 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
8. Adjudication of the liability imposed upon owners by this section
shall be by the entity having jurisdiction over violations of the rules
and regulations of the public authority serving the notice of liability
or where authorized by an administrative tribunal and all violations
shall be heard and determined in the county in which the violation is
alleged to have occurred, or in New York city and upon the consent of
both parties, in any county within New York city in which the public
authority operates or maintains a facility, and in the same manner as
charges of other regulatory violations of such public authority or
pursuant to the rules and regulations of such administrative tribunal as
the case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT ADJUDICATES
LIABILITY FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE ASSESSED
TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO THE MONETARY PENALTY
OWED, AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGU-
LATIONS WERE VIOLATED THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER
CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY.
S 8. Subdivision 10 of section 2985 of the public authorities law, as
amended by chapter 666 of the laws of 1993, is amended to read as
follows:
10. An owner who is a lessor of a vehicle to which a notice of
[liability] USE OF THE TOLL FACILITY BY SUCH VEHICLE was issued [pursu-
S. 2008 23 A. 3008
ant to subdivision seven of this section] shall not be liable for [the
violation] PAYMENT of the [toll collection regulation] TOLLS AND OTHER
CHARGES AND FEES provided that he or she sends to the public authority
[serving the notice of liability and to the court or other entity
having jurisdiction] OR ITS DULY AUTHORIZED AGENT FOR THIS PURPOSE a
copy of the rental, lease or other such contract document covering such
vehicle on the date of [the violation] USE OF THE TOLL FACILITY, with
the name and address of the lessee clearly legible, within thirty days
after receiving the [original] FIRST notice of [liability] USE OF THE
TOLL FACILITY BY SUCH VEHICLE. Failure to send such information within
such thirty day time period shall render the lessor liable for PAYMENT
OF the TOLLS AND OTHER CHARGES AND FEES AND ANY penalty prescribed by
this section. Where the lessor complies with the provisions of this
subdivision, the lessee of such vehicle on the date of such [violation]
USE OF THE TOLL FACILITY shall be deemed to be the owner of such vehicle
for purposes of this section and shall be [subject to liability for the
violation of toll collection regulations, provided that] LIABLE FOR
PAYMENT OF THE TOLLS AND OTHER CHARGES AND FEES, AND the public authori-
ty [mails a] OR ITS DULY AUTHORIZED AGENT FOR THIS PURPOSE SHALL SEND
ANY notice of liability to the lessee within [ten days after the court,
or other entity having jurisdiction, deems the lessee to be the owner]
ONE HUNDRED TWENTY DAYS AFTER THE VIOLATION IN ACCORDANCE WITH PARAGRAPH
(A) OF SUBDIVISION SEVEN OF THIS SECTION. FOR PURPOSES OF THIS SUBDIVI-
SION THE TERM "NOTICE OF USE OF THE TOLL FACILITY" SHALL MEAN A NOTICE
OF DELINQUENCY ISSUED PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION, OR
A NOTICE OF VIOLATION ISSUED PURSUANT TO SUBDIVISION SEVENTEEN OF THIS
SECTION, OR A TOLL INVOICE SEEKING TO COLLECT TOLLS AND OTHER CHARGES
ISSUED PURSUANT TO A TOLL COLLECTION REGULATION. For purposes of this
subdivision the term "lessor" shall mean any person, corporation, firm,
partnership, agency, association or organization engaged in the business
of renting or leasing vehicles to any lessee under a rental agreement,
lease or otherwise wherein the said lessee has the exclusive use of said
vehicle for any period of time. For purposes of this subdivision, the
term "lessee" shall mean any person, corporation, firm, partnership,
agency, association or organization that rents, leases or contracts for
the use of one or more vehicles and has exclusive use thereof for any
period of time.
S 9. Subdivision 11 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
11. Except as provided in subdivision ten of this section, if a person
receives a notice of liability pursuant to this section it shall be a
valid defense to an allegation of liability for a violation of toll
collection regulations that the individual who received the notice of
liability pursuant to this section was not the owner of the vehicle at
the time the [violation occurred] OBLIGATION FOR PAYMENT OF THE TOLL AND
OTHER CHARGES WAS INCURRED. If the owner liable for a violation of toll
collection regulations pursuant to this section was not the operator of
the vehicle at the time of the violation, the owner may maintain an
action for indemnification against the operator.
S 10. Subdivision 12 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
12. "Electronic toll collection system" shall mean a system of
collecting tolls or OTHER charges [which is capable of charging an
account holder the appropriate toll or charge by transmission of infor-
mation from an electronic device on a motor vehicle to the toll lane,
which information is used to charge the account the appropriate toll or
S. 2008 24 A. 3008
charge] USING ELECTRONIC DATA AND IMAGES. In adopting procedures for
the preparation and mailing of a notice of liability, the public author-
ity having jurisdiction over the toll facility shall adopt guidelines to
ensure adequate and timely notice to all electronic toll collection
system account holders to inform them when their accounts are delin-
quent. An owner who is an account holder under the electronic toll
collection system shall not be found liable for a violation of this
section unless such authority has first sent a notice of delinquency to
such account holder and the account holder was in fact delinquent at the
time of the violation.
S 11. Section 2985 of the public authorities law is amended by adding
four new subdivisions 15, 16, 17 and 18 to read as follows:
15. IN ADDITION TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED PURSU-
ANT TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGHWAY,
BRIDGE OR TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED TO IMPOSE
AN ADMINISTRATIVE FEE OR FEES ON AN OWNER, AN OPERATOR OR AN ACCOUNT
HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS.
16. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST
CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF
COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS
PREPARED IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE EVIDENCE
OF ELECTRONIC NOTICE.
17. IN ADOPTING PROCEDURES FOR THE PREPARATION AND SENDING OF A NOTICE
OF LIABILITY, THE PUBLIC AUTHORITY HAVING JURISDICTION OVER THE TOLL
FACILITY SHALL ADOPT GUIDELINES TO ENSURE ADEQUATE AND TIMELY NOTICE TO
OWNERS TO INFORM AN OWNER THAT THE OWNER'S VEHICLE HAS USED A TOLL
FACILITY WITHOUT PAYING THE TOLL IN VIOLATION OF THE RULES AND REGU-
LATIONS OF THE PUBLIC AUTHORITY. AN OWNER SHALL NOT BE FOUND LIABLE FOR
A VIOLATION OF THIS SECTION UNLESS SUCH AUTHORITY HAS FIRST SENT A
NOTICE OF VIOLATION TO SUCH OWNER.
18. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE
AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH AN
ADMINISTRATIVE TRIBUNAL TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL REGULATIONS
OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION
OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS-
DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME
TO TIME BE ESTABLISHED BY SUCH AUTHORITIES IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED IN
THE COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN THE
COUNTY IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL ADMIN-
ISTRATIVE OFFICES AND REGULATIONS MAY PROVIDE FOR THE CONDUCT OF HEAR-
INGS VIA VIDEOCONFERENCING.
S 12. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (o) to read as follows:
(O) ARE DATA OR IMAGES PRODUCED BY AN ELECTRONIC TOLL COLLECTION
SYSTEM UNDER AUTHORITY OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE
OF THE PUBLIC AUTHORITIES LAW.
S 13. Subdivision 4-d of section 510 of the vehicle and traffic law,
as added by chapter 379 of the laws of 1992, is amended to read as
follows:
4-d. Suspension of registration for failure to answer or pay penalties
with respect to certain violations. Upon the receipt of a notification,
IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSIONER, from a court
[or], an administrative tribunal, A PUBLIC AUTHORITY, OR ANY OTHER
S. 2008 25 A. 3008
PUBLIC ENTITY IMPOSING VIOLATIONS, that an owner of a motor vehicle
failed to appear on the return date or dates or a new subsequent
adjourned date or dates or failed to pay any penalty imposed by a court
or failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision or decisions, in response
to [five] THREE or more notices of liability or other process, issued
within an eighteen month period FROM ANY AND ALL JURISDICTIONS charging
such owner with a violation of toll collection regulations in accordance
with the provisions of section two thousand nine hundred eighty-five of
the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, AND THAT THE OWNER HAS BEEN GIVEN WRITTEN NOTICE THAT THE
COURT, ADMINISTRATIVE TRIBUNAL, PUBLIC AUTHORITY OR ANY OTHER PUBLIC
ENTITY IS SEEKING TO HAVE THE COMMISSIONER OR HIS OR HER AGENT TAKE
ACTION HEREUNDER, the commissioner or his OR HER agent shall suspend the
registration of the vehicle or vehicles involved in the violation or the
privilege of operation of any motor vehicle owned by the registrant.
Such suspension shall take effect no less than thirty days from the date
on which notice thereof is sent by the commissioner to the person whose
registration or privilege is suspended and shall remain in effect until
such registrant has appeared in response to such notices of liability or
has paid such penalty or in the case of an administrative tribunal, the
registrant has complied with the rules and regulations following the
entry of a final decision or decisions.
S 14. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 61 of the laws of 1989 and as renumbered by chapter
648 of the laws of 2006, is amended and a new subdivision 9 is added to
read as follows:
8. [The] EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS SECTION, THE
violation of this section shall be punishable by a fine of not less than
twenty-five nor more than two hundred dollars.
9. THE VIOLATION OF THIS SECTION ON A TOLL HIGHWAY, BRIDGE AND/OR
TUNNEL FACILITY SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE
HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS.
S 15. Subdivision 5-a of section 401 of the vehicle and traffic law is
amended by adding a new paragraph b-1 to read as follows:
B-1. IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL THER-
EOF THERE IS A CERTIFICATION, IN THE MANNER AND FORM PRESCRIBED BY THE
COMMISSIONER, FROM A COURT, AN ADMINISTRATIVE TRIBUNAL, A PUBLIC AUTHOR-
ITY OR ANY OTHER PUBLIC ENTITY IMPOSING VIOLATIONS, THAT THE REGISTRANT
OR HIS OR HER REPRESENTATIVE FAILED TO APPEAR ON THE RETURN DATE OR
DATES OR A NEW SUBSEQUENT ADJOURNED DATE OR DATES OR FAILED TO PAY ANY
PENALTY IMPOSED BY A COURT OR FAILED TO COMPLY WITH THE RULES AND REGU-
LATIONS OF AN ADMINISTRATIVE TRIBUNAL FOLLOWING ENTRY OF A FINAL DECI-
SION OR DECISIONS, IN RESPONSE TO THREE OR MORE NOTICES OF LIABILITY OR
OTHER PROCESS, ISSUED WITHIN AN EIGHTEEN MONTH PERIOD FROM ANY AND ALL
JURISDICTIONS CHARGING SUCH REGISTRANT WITH A VIOLATION OF TOLL
COLLECTION REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO
THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR
SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, AND THAT THE REGIS-
TRANT HAS BEEN GIVEN WRITTEN NOTICE THAT THE COURT, ADMINISTRATIVE
TRIBUNAL, PUBLIC AUTHORITY OR ANY OTHER PUBLIC ENTITY IS SEEKING TO HAVE
THE COMMISSIONER OR HIS OR HER AGENT TAKE ACTION HEREUNDER, THE COMMIS-
SIONER OR HIS OR HER AGENT SHALL DENY THE REGISTRATION OR RENEWAL APPLI-
CATION UNTIL THE APPLICANT PROVIDES PROOF FROM THE COURT OR ADMINISTRA-
S. 2008 26 A. 3008
TIVE TRIBUNAL WHEREIN THE CHARGES ARE PENDING THAT AN APPEARANCE OR
ANSWER HAS BEEN MADE OR IN THE CASE OF AN ADMINISTRATIVE TRIBUNAL THAT
HE OR SHE HAS COMPLIED WITH THE RULES AND REGULATIONS OF SAID TRIBUNAL
FOLLOWING ENTRY OF A FINAL DECISION. WHERE AN APPLICATION IS DENIED
PURSUANT TO THIS SECTION, THE COMMISSIONER MAY, IN HIS OR HER
DISCRETION, DENY A REGISTRATION OR RENEWAL APPLICATION TO ANY OTHER
PERSON FOR THE SAME VEHICLE AND MAY DENY A REGISTRATION OR RENEWAL
APPLICATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE
APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S
INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE THE
COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR
RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS SUBDIVI-
SION. SUCH DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE SUMMONSES
REMAIN UNANSWERED, OR IN THE CASE OF AN ADMINISTRATIVE TRIBUNAL, THE
REGISTRANT FAILS TO COMPLY WITH THE RULES AND REGULATIONS FOLLOWING
ENTRY OF A FINAL DECISION.
S 16. The vehicle and traffic law is amended by adding a new section
518 to read as follows:
S 518. RECIPROCAL AGREEMENTS CONCERNING SUSPENSION OR DENIAL OF REGIS-
TRATION OF A MOTOR VEHICLE FOR VIOLATIONS OF TOLL COLLECTION REGU-
LATIONS. 1. THE COMMISSIONER MAY EXECUTE A RECIPROCAL COMPACT OR AGREE-
MENT REGARDING TOLL COLLECTION VIOLATIONS WITH THE MOTOR VEHICLE
ADMINISTRATOR OR OTHER AUTHORIZED OFFICIAL OF ANOTHER STATE NOT INCON-
SISTENT WITH THE PROVISIONS OF THIS CHAPTER. SUCH COMPACT OR AGREEMENT
SHALL PROVIDE THAT IF A REGISTRATION OF A MOTOR VEHICLE WOULD BE
SUSPENDED PURSUANT TO SUBDIVISION FOUR-D OF SECTION FIVE HUNDRED TEN OF
THIS ARTICLE, OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER
STATE, OR IF THE REGISTRATION OR RENEWAL OF A MOTOR VEHICLE WOULD BE
DENIED PURSUANT TO SUBDIVISION FIVE-A OF SECTION FOUR HUNDRED ONE OF
THIS CHAPTER, OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER
STATE, BECAUSE AN OWNER OF A MOTOR VEHICLE (A) FAILED TO APPEAR, (B)
FAILED TO PAY ANY PENALTY IMPOSED BY A COURT, OR (C) FAILED TO COMPLY
WITH THE RULES AND REGULATIONS OF AN ADMINISTRATIVE TRIBUNAL FOLLOWING
ENTRY OF A FINAL DECISION IN RESPONSE TO THREE OR MORE NOTICES OF
LIABILITY OF OTHER PROCESS ISSUED WITHIN AN EIGHTEEN-MONTH PERIOD IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS ONE THROUGH
SIXTEEN AND SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, OR WITH ANY COMPARA-
BLE LAW OR REGULATION OF ANOTHER STATE, THEN THE STATE ISSUING THE
REGISTRATION SHALL LIKEWISE SUSPEND THE REGISTRATION OR DENY THE REGIS-
TRATION OR RENEWAL, UNTIL SUCH REGISTRANT OR APPLICANT HAS APPEARED IN
RESPONSE TO SUCH NOTICES OF LIABILITY, OR HAS PAID SUCH PENALTY, OR, IN
THE CASE OF AN ADMINISTRATIVE TRIBUNAL, THE REGISTRANT OR APPLICANT HAS
COMPLIED WITH THE RULES AND REGULATIONS FOLLOWING THE ENTRY OF A FINAL
DECISION OR DECISIONS.
2. SUCH COMPACT OR AGREEMENT SHALL ALSO PROVIDE SUCH TERMS AND PROCE-
DURES AS ARE NECESSARY AND PROPER TO FACILITATE ITS ADMINISTRATION. ANY
SUCH COMPACT OR AGREEMENT SHALL SPECIFY THE VIOLATIONS SUBJECT TO THE
COMPACT OR AGREEMENT, AND SHALL INCLUDE A DETERMINATION OF COMPARABLE
VIOLATIONS IN EACH STATE IF ANY SUCH VIOLATIONS ARE OF A SUBSTANTIALLY
SIMILAR NATURE BUT ARE NOT DENOMINATED OR DESCRIBED IN PRECISELY THE
SAME WORDS IN EACH PARTY STATE.
3. THE WORD "STATE" WHEN USED IN THIS SECTION SHALL MEAN ANY STATE,
TERRITORY, A POSSESSION OF THE UNITED STATES, DISTRICT OF COLUMBIA OR
ANY PROVINCE OF CANADA.
S. 2008 27 A. 3008
S 17. Paragraph b of subdivision 2 of section 240 of the vehicle and
traffic law, as added by chapter 715 of the laws of 1972, is amended to
read as follows:
b. No charge may be established except upon proof by substantial
evidence; EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES
LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN
HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, NO CHARGE
MAY BE ESTABLISHED EXCEPT UPON PROOF BY PREPONDERANCE OF EVIDENCE AS
SUBMITTED.
S 18. Subdivision 10 of section 1209-a of the public authorities law,
as amended by chapter 379 of the laws of 1992, is amended to read as
follows:
10. Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER CHARGES
COLLECTED AND PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE OF THIS CHAPTER, ALL penalties collected pursuant to the
provisions of this section shall be paid to the authority to the credit
of a transit crime fund which the authority shall establish. Any sums in
this fund shall be used to pay for programs selected by the board of the
authority, in its discretion, to reduce the incidence of crimes and
infractions on transit facilities, or to improve the enforcement of laws
against such crimes and infractions. Such funds shall be in addition to
and not in substitution for any funds provided by the state or the city
of New York for such purposes.
S 19. Section 1209-a of the public authorities law is amended by
adding a new subdivision 11 to read as follows:
11. NOTICE. ANY NOTICE OR COMMUNICATION REQUIRED TO BE SENT PURSUANT
TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT
BY FIRST CLASS MAIL OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNI-
CATION.
S 20. Section 2 of chapter 774 of the laws of 1950, relating to agree-
ing with the state of New Jersey with respect to rules and regulations
governing traffic on vehicular crossings operated by the port of New
York authority, is amended to read as follows:
S 2. No traffic shall be permitted in or upon vehicular crossings
except upon the payment of such tolls and other charges as may from time
to time be prescribed by the port authority. It is hereby declared to be
unlawful for any person to refuse to pay, or to evade or to attempt to
evade the payment of such tolls or other charges. THE OBLIGATION TO PAY
SUCH TOLLS AND OTHER CHARGES IS INCURRED AT THE TIME OF ENTRY INTO OR
USE OF THE PARTICULAR VEHICULAR CROSSING.
S 21. Section 16-a of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of the laws of 1992, is
amended to read as follows:
S 16-a. Owner liability for failure of operator to comply with toll
collection regulations of the port authority. Notwithstanding any other
provision of law and in accordance with the provisions of [section]
SECTIONS 16-b AND 16-C of this act, an owner of a vehicle may be held
liable for failure of an operator thereof to comply with the toll
collection regulations of the port authority of New York and New Jersey
(hereinafter called port authority). The owner of a vehicle shall be
liable pursuant to this section if such vehicle was used or operated
with the permission of the owner, express or implied, in violation of
S. 2008 28 A. 3008
the toll collection regulations of the port authority, and such
violation is evidenced by information obtained from a photo-monitoring
system, provided, however, that no owner of a vehicle shall be liable
where the operator of such vehicle has been convicted of a violation of
those toll collection regulations for the same incident.
S 22. Section 16-b of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of the laws of 1992, subdi-
vision f as amended by chapter 666 of the laws of 1993, is amended to
read as follows:
S 16-b. Imposition of liability for failure of operator to comply with
toll collection regulations of the port authority. The liability set
forth in section 16-a of this act, shall be imposed upon an owner for a
violation by an operator of the toll collection regulations of the port
authority occurring within the territorial limits of the state of New
York in accordance with the following:
a. For the purposes of this section AND SECTIONS 16-A AND 16-C OF THIS
ACT, the term "owner" shall mean any person, corporation, partnership,
firm, agency, association, lessor, or organization who, [at the time of
the violation in any city in which a vehicle is operated] WHEN THE OBLI-
GATION TO PAY THE TOLL IS INCURRED: (i) is the beneficial or equitable
owner of such vehicle; or (ii) has title to such vehicle; or (iii) is
the registrant or co-registrant of such vehicle which is registered with
the department of motor vehicles of this state or any other state,
territory, district, province, nation or other jurisdiction; or (iv)
subject to the limitations set forth in subdivision f of this section,
uses such vehicle in its vehicle renting and/or leasing business; and
includes (v) a person entitled to the use and possession of a vehicle
subject to a security interest in another person. For the purposes of
this section, the term "operator" shall mean any person, corporation,
firm, partnership, agency, association, organization or lessee that uses
or operates a vehicle with or without the permission of the owner, and
an owner who operates his or her own vehicle. FOR PURPOSES OF THIS
SECTION AND SECTION 16-A OF THIS ACT, THE TERM "ELECTRONIC TOLL
COLLECTION SYSTEM" SHALL MEAN A SYSTEM FOR COLLECTING TOLLS OR OTHER
CHARGES USING ELECTRONIC DATA AND IMAGES. For purposes of this section,
the term "photo-monitoring system" shall mean a vehicle sensor installed
to work in conjunction with a toll collection facility which automat-
ically produces one or more photographs, one or more microphotographs, a
videotape, or other recorded images of each vehicle at the time it is
used or operated in [violation of the toll collection regulations of the
port authority] OR UPON VEHICULAR CROSSINGS OPERATED BY THE PORT AUTHOR-
ITY. For purposes of this section AND SECTIONS 16-A AND 16-C OF THIS
ACT, the term "toll collection regulations of the port authority" shall
refer to the traffic regulations for interstate vehicular crossings
operated by the port authority as set forth in this chapter and in chap-
ter 192 of the laws of New Jersey of 1950, and specifically that section
of the laws which prohibits traffic in or upon vehicular crossings oper-
ated by the port authority except upon the payment of such tolls and
other charges as may from time to time be prescribed by the port author-
ity and which further makes it unlawful for any person to refuse to pay,
or to evade or to attempt to evade the payment of such tolls or other
charges. For purposes of this section AND SECTION 16-A OF THIS ACT, the
term "vehicle" shall mean every device in, upon, or by which a person or
S. 2008 29 A. 3008
property is or may be transported or drawn upon a highway[, except
devices used exclusively upon stationary rails or tracks].
b. A certificate, sworn to or affirmed by an agent of the port author-
ity, or a facsimile thereof, based upon inspection of [photographs,
microphotographs, videotape or other recorded images] DATA OR IMAGES
produced by [a photo-monitoring system] ITS ELECTRONIC TOLL COLLECTION
SYSTEM OR OTHER RECORDS MAINTAINED BY OR ON BEHALF OF THE PORT AUTHORITY
REGARDING TOLL VIOLATIONS shall be prima facie evidence of the facts
contained therein and shall be admissible in any proceeding charging a
violation of toll collection regulations of the port authority, provided
that any [photographs, microphotographs, videotape or other recorded
images] SUCH DATA, IMAGES, OR RECORDS evidencing such a violation shall
be available for inspection and admission into evidence in any proceed-
ing to adjudicate the liability for such violation.
c. An imposition of liability pursuant to this section shall be based
upon a preponderance of evidence as submitted. An imposition of liabil-
ity pursuant to this section shall not be deemed a conviction of an
operator and shall not be made part of the motor vehicle operating
record, furnished pursuant to section 354 of the vehicle and traffic
law, of the person upon whom such liability is imposed nor shall it be
used for insurance purposes in the provision of motor vehicle insurance
coverage.
d. (i) A notice of liability shall be sent by first class mail OR,
WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION to each person
alleged to be liable [as an owner] for a violation pursuant to this
section of the toll collection regulations of the port authority. Such
notice shall be [mailed] SENT no later than [thirty] ONE HUNDRED TWENTY
days after the alleged violation. Personal delivery [on the owner] shall
not be required. A manual or automatic record of [mailing] SENDING THE
NOTICE prepared in the ordinary course of business shall be prima facie
evidence of the [mailing] SENDING of the notice.
(ii) A notice of liability shall contain the name and address of the
person alleged to be liable [as an owner] for a violation of the toll
collection regulations of the port authority pursuant to this section,
the registration number AND STATE OF REGISTRATION of the vehicle
involved in such violation, the [location where such violation took
place, the date and time] LOCATIONS, DATES AND TIMES OF EACH USE OF THE
VEHICULAR CROSSING THAT FORMS THE BASIS of such violation, THE AMOUNT OF
THE ASSESSED TOLLS AND OTHER CHARGES, and the identification number of
the [photo-monitoring system] ELECTRONIC TOLL COLLECTION SYSTEM which
recorded the [violation] USE or other document locator number.
(iii) The notice of liability shall contain information advising the
person charged of the manner and the time in which he may contest the
liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of liabil-
ity and that a default judgment may be entered thereon.
(iv) The notice of liability shall be prepared and [mailed] SENT by
the port authority or its duly authorized agent.
e. If an owner receives a notice of liability pursuant to this section
for any time period during which the vehicle was reported to the police
department as having been stolen, it shall be a valid defense to an
allegation of liability for a violation of the toll collection regu-
lations of the port authority that the vehicle had been reported to the
police as stolen prior to the time the violation occurred and had not
been recovered by such time. If an owner receives a notice of liability
S. 2008 30 A. 3008
pursuant to this section for any time period during which the vehicle
was stolen, but not as yet reported to the police as having been stolen,
it shall be a valid defense to an allegation of liability for a
violation of toll collection regulations of the port authority pursuant
to this section that the vehicle was reported as stolen within two hours
after discovery of the theft by the owner. For purposes of asserting the
defense provided by this subdivision, it shall be sufficient that a
certified copy of the police report on the stolen vehicle be sent by
first class mail to the court or other entity having jurisdiction.
f. An owner, as defined in subdivision a of this section, who is a
lessor of a vehicle to which a notice of [liability] USE OF THE VEHICU-
LAR CROSSING BY SUCH VEHICLE was issued [pursuant to subdivision d of
this section] shall not be liable [pursuant to this section] for [the
violation of the toll collection regulations of the port authority]
PAYMENT OF THE TOLLS AND OTHER CHARGES AND FEES provided that he or she
sends to the port authority [serving the notice of liability and to the
court or other entity having jurisdiction] OR ITS DULY AUTHORIZED AGENT
FOR THIS PURPOSE a copy of the rental, lease or other such contract
document covering such vehicle on the date of the [violation] USE OF THE
VEHICULAR CROSSING, with the name and address of the lessee clearly
legible, within thirty days after receiving from the port authority or
its duly authorized agent [the original] FOR THIS PURPOSE THE FIRST
notice of [liability] USE OF THE VEHICULAR CROSSING BY SUCH VEHICLE.
Failure to send such information within such thirty day time period
shall render the lessor liable for PAYMENT OF the TOLLS AND OTHER CHARG-
ES AND FEES AND ANY penalty prescribed by this section. Where the lessor
complies with the provisions of this subdivision, the lessee of such
vehicle on the date of such [violation] USE OF THE VEHICULAR CROSSING
shall be deemed to be the owner of such vehicle for purposes of this
section and shall be [subject to liability for the violation of toll
collection regulations of the port authority provided that] LIABLE FOR
PAYMENT OF THE TOLLS AND OTHER CHARGES AND FEES, AND the port authority
or its duly authorized agent [mails a] SHALL SEND ANY notice of liabil-
ity to the lessee within [ten days after the court, or other entity
having jurisdiction, deems the lessee to be the owner] ONE HUNDRED TWEN-
TY DAYS AFTER THE VIOLATION IN ACCORDANCE WITH SUBDIVISION D OF THIS
SECTION. FOR PURPOSES OF THIS SUBDIVISION THE TERM "NOTICE OF USE OF
THE VEHICULAR CROSSING" SHALL MEAN A NOTICE OF DELINQUENCY OR A NOTICE
OF VIOLATION ISSUED PURSUANT TO SUBDIVISION H OF THIS SECTION OR A TOLL
INVOICE SEEKING TO COLLECT TOLLS AND OTHER CHARGES ISSUED PURSUANT TO
TOLL COLLECTION REGULATIONS OF THE PORT AUTHORITY. For purposes of this
subdivision the term "lessor" shall mean any person, corporation, firm,
partnership, agency, association or organization engaged in the business
of renting or leasing vehicles to any lessee under a rental agreement,
lease or otherwise wherein the said lessee has the exclusive use of said
vehicle for any period of time. For the purposes of this subdivision,
the term "lessee" shall mean any person, corporation, firm, partnership,
agency, association or organization that rents, leases or contracts for
the use of one or more vehicles and has exclusive use thereof for any
period of time.
g. Except as provided in subdivision f of this section, if a person
receives a notice of liability pursuant to this section it shall be a
valid defense to an allegation of liability for a violation of toll
collection regulations of the port authority that the individual who
received the notice of liability pursuant to this section was not the
owner of the vehicle at the time the [violation] USE OF THE VEHICULAR
S. 2008 31 A. 3008
CROSSING occurred. If the owner liable for a violation of the toll
collection regulations of the port authority pursuant to this section
was not the operator of the vehicle at the time of the [violation] USE
OF THE VEHICULAR CROSSING, the owner may maintain an action for indemni-
fication against the operator. The operator of the vehicle may apply to
the court or other entity having jurisdiction to adjudicate the liabil-
ity imposed under this section to accept responsibility for the
violation and satisfactorily discharge all applicable tolls, charges,
FEES, and penalties related to the violation.
h. ["Electronic toll collection system" shall mean a system of
collecting tolls or charges which is capable of charging an account
holder the appropriate toll or charge by transmission of information
from an electronic device on a motor vehicle to the toll lane, which
information is used to charge the account the appropriate toll or
charge.] In adopting procedures for the preparation and [mailing] SEND-
ING of a notice of liability, the port authority or its duly authorized
agent shall adopt guidelines [to ensure] FOR SENDING BY FIRST CLASS MAIL
OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION, adequate and
timely notice to all electronic toll collection system account holders
to inform them when their accounts are delinquent AS WELL AS ADEQUATE
AND TIMELY NOTICE TO OWNERS TO INFORM AN OWNER THAT THE OWNER'S VEHICLE
HAS USED A VEHICULAR CROSSING WITHOUT PAYING THE TOLL IN VIOLATION OF
THE TOLL COLLECTION REGULATIONS OF THE PORT AUTHORITY. AN OWNER SHALL
NOT BE FOUND LIABLE FOR A VIOLATION OF THIS SECTION UNLESS SUCH AUTHORI-
TY OR ITS DULY AUTHORIZED AGENT HAS FIRST SENT A NOTICE OF VIOLATION TO
SUCH OWNER. An owner who is an account holder under the electronic toll
collection system shall not be found liable for a violation of this
section unless such authority has first sent a notice of delinquency to
such account holder and the account holder was in fact delinquent at the
time of the violation.
i. Nothing in this section shall be construed to limit the liability
of an operator of OR THE ACCOUNT HOLDER ASSOCIATED WITH a vehicle for
any violation of the toll collection regulations of the port authority.
Nothing in this section shall authorize or preclude the port authority
from excluding from any of its facilities, in its sole discretion, any
or all vehicles found liable under this section as well as other vehi-
cles owned or operated by the owner or operator of OR ACCOUNT HOLDER
ASSOCIATED WITH such vehicle.
j. Notwithstanding any other provision of law, all photographs, micro-
photographs, videotape or other recorded images prepared pursuant to
this section shall be for the exclusive use of the port authority in the
discharge of its duties under this section and shall not be open to the
public nor be used in any court in any action or proceeding pending
therein unless such action or proceeding relates to the imposition of or
indemnification for liability pursuant to this section. The port author-
ity or its duly authorized agent shall not sell, distribute or make
available in any way, the names and addresses of electronic toll
collection system account holders, or any information compiled from
transactions with such account holders, without such account holders'
consent to any entity that will use such information for any commercial
purpose provided that the foregoing restriction shall not be deemed to
preclude the exchange of such information between any entities with
jurisdiction over and or operating a toll highway bridge and/or tunnel
facility.
S 23. Section 16-c of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to rules and regu-
S. 2008 32 A. 3008
lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of the laws of 1992, is
amended to read as follows:
S 16-c. Adjudication of liability. Adjudication of the liability
imposed upon an owner by section 16-a of this act for a violation of the
toll collection regulations of the port authority occurring within the
territorial limits of the state of New York shall be in accordance with
the vehicle and traffic law of New York as set forth in sections 235,
236, 237, 239, 240, 241, 242, 401, 402, 510 and 1809 of such law, or by
such entity having jurisdiction over violations of the toll collection
regulations of the port authority occurring within the territorial
limits of the state of New York, provided that all violations shall be
heard and determined in the county in which [the violation is alleged to
have occurred, or by consent of both parties,] OBLIGATION FOR PAYMENT OF
THE TOLLS OR OTHER CHARGES WAS INCURRED, OR in any county in the state
of New York in which the port authority operates or maintains a facili-
ty. An owner found liable for a violation of toll collection regulations
pursuant to this section shall for a first violation thereof be liable
for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN
ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars
or two times the toll evaded whichever is greater; for a second
violation thereof both within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] TWO hundred dollars or five times
the toll evaded whichever is greater; for a third or subsequent
violation thereof all within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred [fifty] dollars or
ten times the toll evaded whichever is greater. THE FULL AMOUNT OF THE
ASSESSED TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF SUCH MONETARY
PENALTIES COLLECTED SHALL BE PAID TO THE PORT AUTHORITY; THE REMAINING
HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE RETAINED OR DISTRIB-
UTED BY THE TRIBUNAL OR ENTITY ADJUDICATING THE VIOLATION IN ACCORDANCE
WITH EXISTING LAW.
S 24. This act shall take effect on the one hundred twentieth day
after it shall have become a law.
PART L
Section 1. Subdivision 6 of section 1209 of the public authorities
law, as amended by chapter 98 of the laws of 2011, is amended to read as
follows:
6. The provisions of subdivisions one, two, three and four of this
section shall not be applicable to any procurement by the authority
commenced during the period from the effective date of this subdivision
until December thirty-first, nineteen hundred ninety-one or during the
period from December sixteenth, nineteen hundred ninety-three until June
thirtieth, two thousand [fifteen] NINETEEN; and the provisions of subdi-
visions seven, eight, nine, ten, eleven, twelve and thirteen of this
section shall only apply to procurements by the authority commenced
during such periods. The provisions of such subdivisions one, two, three
and four shall apply to procurements by the authority commenced during
the period from December thirty-first, nineteen hundred ninety-one until
December sixteenth, nineteen hundred ninety-three, and to procurements
by the authority commenced on and after July first, two thousand
[fifteen] NINETEEN. Notwithstanding the foregoing, the provisions of
S. 2008 33 A. 3008
such subdivisions one, two, three and four shall apply to (i) the award
of any contract of the authority if the bid documents for such contract
so provide and such bid documents are issued within sixty days of the
effective date of this subdivision or within sixty days of December
sixteenth, nineteen hundred ninety-three, or (ii) for a period of one
hundred eighty days after the effective date of this subdivision, or for
a period of one hundred eighty days after December sixteenth, nineteen
hundred ninety-three, the award of any contract for which an invitation
to bid, solicitation, request for proposal, or any similar document has
been issued by the authority prior to the effective date of this subdi-
vision or during the period from January first, nineteen hundred nine-
ty-two until December fifteenth, nineteen hundred ninety-three.
S 2. Subdivision 1 of section 1265-a of the public authorities law, as
amended by chapter 98 of the laws of 2011, is amended to read as
follows:
1. The provisions of this section shall only apply to procurements by
the authority commenced during the period from April first, nineteen
hundred eighty-seven until December thirty-first, nineteen hundred nine-
ty-one, and during the period from December sixteenth, nineteen hundred
ninety-three until June thirtieth, two thousand [fifteen] NINETEEN;
provided, however, that the provisions of this section shall not apply
to (i) the award of any contract of the authority if the bid documents
for such contract so provide and such bid documents are issued within
sixty days of the effective date of this section or within sixty days of
December sixteenth, nineteen hundred ninety-three, or (ii) for a period
of one hundred eighty days after the effective date of this section or
for a period of one hundred eighty days after December sixteenth, nine-
teen hundred ninety-three, the award of any contract for which an invi-
tation to bid, solicitation, request for proposal, or any similar docu-
ment has been issued by the authority prior to the effective date of
this section or during the period from January first, nineteen hundred
ninety-two until December sixteenth, nineteen hundred ninety-three.
S 3. This act shall take effect immediately.
PART M
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 Z of chapter 57 of the
laws of 2014, is amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2015] 2016.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2015.
PART N
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 AA of chapter 57 of the laws of 2014, 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, [2015] 2016, at which
time the provisions of subdivision 26 of section 5 of the New York state
S. 2008 34 A. 3008
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 July 1, 2015.
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, 2015.
PART P
Section 1. Expenditures of moneys by the energy research and develop-
ment authority for services and expenses of the energy research, devel-
opment and demonstration program, including grants, the energy policy
and planning program, and the Fuel NY program shall be subject to the
provisions of this section. Notwithstanding the provisions of subdivi-
sion 4-a of section 18-a of the public service law, all moneys committed
or expended in an amount not to exceed $19,700,000 shall be reimbursed
by assessment against gas corporations, as defined in subdivision 11 of
section 2 of the public service law and electric corporations as defined
in subdivision 13 of section 2 of the public service law, where such gas
corporations and electric corporations have gross revenues from intra-
state utility operations in excess of $500,000 in the preceding calendar
year, and the total amount which may be charged to any gas corporation
and any electric 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 2013. Such amounts shall be excluded from the general
assessment provisions of subdivision 2 of section 18-a of the public
service law. The chair of the public service commission shall bill such
gas and/or electric corporations for such amounts on or before August
10, 2015 and such amounts shall be paid to the energy research and
development authority on or before September 10, 2015. Upon receipt, the
energy research and development authority shall deposit such funds in
the energy research and development operating fund established pursuant
to section 1859 of the public authorities law. The energy research and
development authority is authorized and directed to: (1) transfer $1
million to the state general fund for services and expenses of the
department of environmental conservation and to transfer $691,000 to the
University of Rochester laboratory for laser energetics from the funds
received; and (2) commencing in 2016, provide to the chair of the public
service commission and the director of the budget, on or before August
first of each year, an itemized record, certified by the president and
chief executive officer of the authority, or his or her designee,
detailing any and all expenditures and commitments ascribable to moneys
received as a result of this assessment by the chair of the department
of public service pursuant to section 18-a of the public service law.
Any such amount not committed by such authority to contracts or other-
S. 2008 35 A. 3008
wise expended by the authority during the fiscal year shall be refunded
by such authority on a pro-rata basis to such gas and/or electric corpo-
rations, in a manner to be determined by 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, 2015.
PART Q
Section 1. Section 312-a of the executive law, as amended by chapter
175 of the laws of 2010, is amended to read as follows:
S 312-a. Study of minority and women-owned business enterprise
programs. 1. The director of the division of minority and women-owned
business development in the department of economic development is
authorized and directed to recommission a statewide disparity study
regarding the participation of minority and women-owned business enter-
prises in state contracts since the amendment of this article to be
delivered to the governor and legislature no later than February
fifteenth, two thousand [sixteen] SEVENTEEN. The study shall be
prepared by an entity independent of the department and selected through
a request for proposal process. The purpose of such study is:
(a) to determine whether there is a disparity between the number of
qualified minority and women-owned businesses ready, willing and able to
perform state contracts for commodities, services and construction, and
the number of such contractors actually engaged to perform such
contracts, and to determine what changes, if any, should be made to
state policies affecting minority and women-owned business enterprises;
and (b) to determine whether there is a disparity between the number of
qualified minorities and women ready, willing and able, with respect to
labor markets, qualifications and other relevant factors, to participate
in contractor employment, management level bodies, including boards of
directors, and as senior executive officers within contracting entities
and the number of such group members actually employed or affiliated
with state contractors in the aforementioned capacities, and to deter-
mine what changes, if any, should be made to state policies affecting
minority and women group populations with regard to state contractors'
employment and appointment practices relative to diverse group members.
Such study shall include, but not be limited to, an analysis of the
history of minority and women-owned business enterprise programs and
their effectiveness as a means of securing and ensuring participation by
minorities and women, and a disparity analysis by market area and region
of the state. Such study shall distinguish between minority males,
minority females and non-minority females in the statistical analysis.
2. The director of the division of minority and women-owned business
development is directed to transmit the disparity study to the governor
and the legislature not later than February fifteenth, two thousand
[sixteen] SEVENTEEN, and to post the study on the website of the depart-
ment of economic development.
S 2. The opening paragraph of subdivision (h) of section 121 of chap-
ter 261 of the laws of 1988, amending the state finance law and other
laws relating to the New York state infrastructure trust fund, as
amended by chapter 175 of the laws of 2010, is amended to read as
follows:
The provisions of section sixty-two through sixty-six of this act
shall expire on December thirty-first, two thousand [sixteen] SEVENTEEN,
except that:
S. 2008 36 A. 3008
S 3. This act shall take effect immediately; provided, however, that
the amendments to section 312-a of the executive law made by section one
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith.
PART R
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART S
Section 1. Section 2 of part BB of chapter 58 of the laws of 2012,
amending the public authorities law relating to authorizing the dormito-
ry authority to enter into certain design and construction management
agreements, as amended by section 1 of part W of chapter 57 of the laws
of 2014, is amended to read as follows:
S 2. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2015] 2017.
S 2. Within 90 days of the effective date of this act, the dormitory
authority of the state of New York shall provide a report providing
information regarding any project undertaken pursuant to a design and
construction management agreement, as authorized by part BB of chapter
58 of the laws of 2012, between the dormitory authority of the state of
New York and the department of environmental conservation and/or the
office of parks, recreation and historic preservation to the governor,
the temporary president of the senate and speaker of the assembly. Such
report shall include but not be limited to a description of each such
project, the project identification number of each such project, if
applicable, the projected date of completion, the status of the project,
the total cost or projected cost of each such project, and the location,
including the names of any county, town, village or city, where each
such project is located or proposed. In addition, such a report shall be
provided to the aforementioned parties by the first day of March of each
year that the authority to enter into such agreements pursuant to part
BB of chapter 58 of the laws of 2012 is in effect.
S 3. This act shall take effect immediately and shall be deemed to
have been in effect on and after April 1, 2015.
PART T
Section 1. Section 2 of chapter 21 of the laws of 2003, amending the
executive law relating to permitting the secretary of state to provide
special handling for all documents filed or issued by the division of
corporations and to permit additional levels of such expedited service,
as amended by section 1 of part N of chapter 57 of the laws of 2014, is
amended to read as follows:
S 2. This act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and shall expire March 31, [2015]
2016.
S. 2008 37 A. 3008
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2015.
PART U
Section 1. Subdivision 2 of section 446-b of the real property law, as
amended by chapter 61 of the laws of 1989, is amended to read as
follows:
2. The application for such license shall be filed in the office of
the secretary of state on such forms as the secretary may prescribe [and
shall be accompanied by a fee of four hundred dollars].
S 2. Subdivision 3 of section 446-b of the real property law, as added
by chapter 805 of the laws of 1980, is amended to read as follows:
3. When the apartment information vendor maintains more than one place
of business, he shall apply for [and the secretary shall issue] a
supplemental license for each branch office so maintained [upon payment
of a fee of two hundred fifty dollars for each supplemental license so
issued]. Supplemental licenses shall be conspicuously displayed in each
branch office. The display of an expired license by any person, firm,
partnership or corporation is a violation of the provisions of this
article.
S 3. Subdivision 5 of section 446-b of the real property law, as
amended by chapter 805 of the laws of 1980, is amended to read as
follows:
5. Any license granted under the provisions hereof may be renewed for
one year by the secretary upon application therefor by the holder, in
such form as the secretary may prescribe[, and payment of a two hundred
fifty dollar fee for such license]. The secretary may dispense with the
requirement for the filing of such statements as was contained in the
original application for license.
S 4. Subdivision 2 of section 446-d of the real property law, as
amended by chapter 805 of the laws of 1980, is amended to read as
follows:
2. The secretary shall be notified in writing at his OR HER office in
Albany of any change of a licensee's business address or name, and the
secretary shall issue a license for the unexpired term, upon return of
the original license [and the payment of a fee of twenty dollars]. A
licensee who fails to notify the secretary of any change in business
address or name within ten days shall forfeit his OR HER license.
S 5. This act shall take effect immediately.
PART V
Section 1. Section 219 of the agriculture and markets law, as amended
by chapter 122 of the laws of 1988, is amended to read as follows:
S 219. Application [and fee]. Application for license as a food
salvager[,] SHALL BE MADE upon a form prescribed by the commissioner[,
shall be made on or before June first in every other year for the
license period beginning July first following]. The applicant shall
satisfy the commissioner of his OR HER character and that he OR SHE has
adequate physical facilities for salvaging food and food products. If so
satisfied, the commissioner shall [upon receipt of the license fee]
issue to the applicant a [license which shall be] non-transferable
LICENSE, WHICH WILL EXPIRE ON THE THIRTIETH OF JUNE OF THE NEXT EVEN
NUMBERED YEAR FOLLOWING ITS ISSUANCE. [The biennial license fee shall be
one hundred dollars.] APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
S. 2008 38 A. 3008
PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY
THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
EXPIRATION OF THE EXISTING LICENSE. Where a person operates more than
one salvage warehouse a separate license is required for each location.
S 2. Section 231 of the agriculture and markets law, as amended by
section 7 of part I1 of chapter 62 of the laws of 2003, is amended to
read as follows:
S 231. Licenses, issuance of. No person or corporation shall maintain
or operate any refrigerated warehouse and/or locker plant unless
licensed by the commissioner. Application[,] SHALL BE MADE upon a form
prescribed by the commissioner[, shall be made on or before September
first of every other year for the license period beginning October first
following]. The applicant shall satisfy the commissioner of his or [its]
HER character, financial responsibility, and competency to operate a
refrigerated warehouse or locker plant. The commissioner, if so satis-
fied, shall[, upon receipt of the license fee or fees,] issue to the
applicant a license or licenses [to operate the refrigerated warehouse
or warehouses or locker plant or locker plants described in the applica-
tion until the first day of October] WHICH WILL EXPIRE ON THE THIRTIETH
OF SEPTEMBER of the NEXT ODD NUMBERED year following [the year in which
such license was issued] ITS ISSUANCE. [The biennial license fee shall
be two hundred dollars for each refrigerated warehouse. If a locker
plant is operated as part of a refrigerated warehouse and upon the same
premises, no additional license fee shall be required.] APPLICATION FOR
RENEWAL OF SUCH LICENSE OR LICENSES FOR A PERIOD OF TWO YEARS SHALL BE
MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND SUBMIT-
TED NO LATER THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING
LICENSE OR LICENSES.
S 3. Section 96-z-2 of the agriculture and markets law, as added by
chapter 391 of the laws of 1968, is amended to read as follows:
S 96-z-2. Application [and fees]. Application for a license to operate
a disposal plant or transportation service[,] SHALL BE MADE upon a form
prescribed by the commissioner[, shall be made on or before September
first in each year for the license year beginning October first follow-
ing]. The applicant shall satisfy the commissioner of his OR HER charac-
ter and that he OR SHE has adequate physical facilities for the opera-
tion of a disposal plant or transportation service. If so satisfied, the
commissioner shall [upon payment of the license fee] issue to the appli-
cant a NON-TRANSFERABLE license which [shall be non-transferable] WILL
EXPIRE ON THE THIRTIETH DAY OF SEPTEMBER OF THE NEXT EVEN NUMBERED YEAR
FOLLOWING ITS ISSUANCE. APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A FORM PRESCRIBED BY
THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
EXPIRATION OF THE EXISTING LICENSE. [The annual license fee for a
disposal plant shall be one hundred dollars, plus an inspection fee of
ten dollars for each vehicle. The annual license fee for a transporta-
tion service shall be twenty-five dollars, plus an inspection fee of ten
dollars for each vehicle.]
S 4. Section 128-a of the agriculture and markets law, as amended by
chapter 451 of the laws of 2008, subdivisions 4, 5, 6, 7, 8 and 9 as
renumbered by section 2 of part N of chapter 58 of the laws of 2012, is
amended to read as follows:
S 128-a. Licenses. 1. No person shall manufacture any commercial feed
in this state unless such person holds a license issued therefor by the
commissioner. [Notwithstanding the foregoing, a person, in operation on
or before the effective date of this section, who has filed an applica-
S. 2008 39 A. 3008
tion for an initial license under this section shall be authorized to
operate without such license until the commissioner grants or, after
notice and opportunity to be heard, declines to grant such license.]
Each application for a license shall be made on a form supplied by the
department and shall contain such information as may be required by the
department. A LICENSE ISSUED ON OR BEFORE THE THIRTIETH OF JUNE WILL
EXPIRE ON THE THIRTY-FIRST OF DECEMBER OF THE YEAR OF ITS ISSUANCE, AND
IF ISSUED BETWEEN JULY FIRST AND DECEMBER THIRTY-FIRST, WILL EXPIRE ON
THE THIRTY-FIRST DAY OF DECEMBER IN THE YEAR FOLLOWING ITS ISSUANCE.
Renewal applications shall be [submitted to] MADE ANNUALLY ON A FORM
PRESCRIBED BY the commissioner [at least] AND SUBMITTED NO LATER THAN
thirty days prior to the [commencement of the next license year] EXPIRA-
TION OF THE EXISTING LICENSE.
2. The commissioner may deny any application for a license or revoke
any license when granted, after written notice to the applicant and an
opportunity to be heard, when:
(a) any statement in the application or upon which it was issued is or
was false or misleading;
(b) facilities of the applicant are not maintained in a manner as
required by rules and regulations duly promulgated by the commissioner;
(c) the maintenance and operation of the establishment of the appli-
cant is such that the commercial feed produced therein is or may be
adulterated, misbranded, or not maintained in any manner as required by
this article;
(d) the applicant or licensee, or an officer, director, partner or
holder of ten per centum or more of the voting stock of the applicant or
licensee, has failed to comply with any of the provisions of this arti-
cle or rules and regulations promulgated pursuant thereto; or
(e) the applicant or licensee is a partnership or corporation and any
individual holding any position or interest or power of control therein
has previously been responsible in whole or in part for any act on
account of which an application for licensure may be denied or a license
revoked pursuant to the provisions of this article.
3. [Each application for an initial license shall be accompanied by a
non-refundable fee of one hundred dollars. The commissioner shall
prorate the license fee for any person applying for an initial license
after the commencement of the licensing period. Licenses shall be renew-
able annually thereafter, together with the payment of a non-refundable
fee of fifty dollars.
4.] Inspection in accordance with section one hundred thirty-five-a of
this article, the results of which establish compliance with the
provisions of this article, shall precede issuance of a license or
renewal thereof under this section.
[5.] 4. Upon validation by the commissioner, the application shall
become the license of the person.
[6.] 5. The commissioner shall provide a copy of the license to the
[person] LICENSEE. The commissioner shall also retain a copy of the
license.
[7.] 6. No licensee shall publish or advertise the sale of any commer-
cial feed unless the publication or advertisement is accompanied by such
licensee's license number. [Notwithstanding the foregoing, a person, in
operation on or before the effective date of this section, who has filed
an application for an initial license under this section may publish or
advertise the sale or availability of any commercial feed without the
publication or advertisement being accompanied by the person's license
S. 2008 40 A. 3008
number until the commissioner grants or, after notice and opportunity to
be heard, declines to grant such license.
8.] 7. Commercial feed licenses shall be conspicuously displayed on
the premises so that they may be readily seen by officers and employees
of the department.
[9.] 8. Notwithstanding the definition of commercial feed under subdi-
vision seven of section one hundred twenty-eight of this article, the
provisions of this section shall not apply to a person who conducts a
business of selling pet food and specialty pet food.
S 5. Section 142-ee of the agriculture and markets law, as amended by
chapter 251 of the laws of 1999, is amended to read as follows:
S 142-ee. License [and fee]. Each certificate filed pursuant to
section one hundred forty-two-dd OF THIS ARTICLE shall be accompanied by
an application, upon forms supplied by the commissioner, for a license
to supply such material under the brand name specified therein, and
there shall be transmitted therewith a copy of the label and of the
statement proposed to accompany such material in compliance with section
one hundred forty-two-cc[, together with a license fee of forty dollars
for each such brand] OF THIS ARTICLE. Such application shall incorpo-
rate by reference the data contained in the accompanying certificate for
the brand for which the license is sought. Upon compliance with the
provisions of this article, the applicant shall be issued a license for
the supplying of such qualifying brand of agricultural liming material,
which license shall expire on the thirty-first day of December of the
NEXT EVEN NUMBERED year following the year in which it is issued, but no
such license shall be issued for the supplying of any such material
which does not meet the minimum standards herein provided for, nor for
the supplying thereof under a brand descriptive designation or with a
label or accompanying statement which is or tends to be misleading or
deceptive as to quality, analysis or composition. APPLICATION FOR A
RENEWAL OF THE LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIAL-
LY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER
THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE. Any
such license so issued may be revoked by the commissioner, after notice
to the licensee by mail or otherwise and opportunity to be heard, when
it appears that any statement or representation upon which it is issued
is false or misleading. The action of the commissioner in refusing to
grant a license, or in revoking a license, shall be subject to review by
a proceeding under article seventy-eight of the civil practice law and
rules, but the decision of the commissioner shall be final unless within
thirty days from the date of the order embodying such action such
proceeding to review has been instituted.
Whenever a manufacturer, producer or distributor shall have been
licensed to supply a particular brand of material hereunder, no agent,
seller or retailer of such brand shall be required to file a certificate
or obtain a license for such brand during a period for which such
license is in effect, nor upon such goods which were acquired during a
period for which a license was in effect and remaining undistributed in
subsequent years.
S 6. Subdivision (a) of section 146 of the agriculture and markets
law, as amended by chapter 251 of the laws of 1999, is amended to read
as follows:
(a) No person shall distribute in this state any type of fertilizer
until a [biennial] license to distribute the same has been obtained from
the commissioner by the person whose labelling is applied to such ferti-
lizer upon payment of a one hundred fifty dollar fee. [All licenses
S. 2008 41 A. 3008
shall expire on a date to be set by the commissioner in regulations.]
THE INITIAL LICENSE ISSUED HEREUNDER SHALL EXPIRE ON DECEMBER
THIRTY-FIRST OF THE NEXT EVEN NUMBERED YEAR FOLLOWING THE YEAR IN WHICH
IT WAS ISSUED AND EACH RENEWAL OF THAT LICENSE SHALL BE FOR A TWO YEAR
PERIOD, ENDING ON DECEMBER THIRTY-FIRST. APPLICATION FOR A RENEWAL OF
SUCH LICENSE SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE
COMMISSIONER AND BE SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
EXPIRATION OF THE EXISTING LICENSE.
S 7. Section 147-b of the agriculture and markets law, as amended by
chapter 122 of the laws of 1988, is amended to read as follows:
S 147-b. License. No person shall sell, offer or expose for sale in
this state any soil or plant inoculant unless licensed as provided in
this section. Application for a license SHALL BE MADE upon a form
prescribed by the commissioner [shall be made biennially. The applica-
tion] AND shall include a statement as to whether the inoculant is
represented as effective for inoculating legumes or for some other
purpose, and, if represented as effective for the inoculation of
legumes, for which legume or legumes it is so represented. With the
application, the applicant shall present a representative sample of the
soil or plant inoculant described in the application. The commissioner,
if satisfied that the inoculant may be depended upon to produce an
effective inoculation for the purpose represented, shall issue to such
applicant a license for the sale of such inoculant, expiring on December
thirty-first of the NEXT EVEN NUMBERED year following [the year in which
it is issued] ITS ISSUANCE. [The applicant shall pay biennially, at the
time of presenting the application, to the commissioner for remittance
to the state treasury, a license fee of twenty dollars for each brand of
inoculants as defined in the rules and regulations adopted by the
commissioner as provided in this article.] APPLICATION FOR RENEWAL OF
SUCH LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A
FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY
DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE.
S 8. Paragraph (a) of subdivision 1 of section 248 of the agriculture
and markets law, as amended by chapter 490 of the laws of 2005, is
amended to read as follows:
(a) No person shall act as a dealer unless licensed as provided in
this article. Application shall be made upon such forms and at such
times as prescribed by the commissioner. Renewal applications shall be
submitted to the commissioner at least thirty days prior to the
[commencement of the next] EXPIRATION OF THE EXISTING license [year]. No
action will be taken on applications deemed incomplete by the commis-
sioner. The applicant shall furnish evidence of his or her good charac-
ter, financial statements, prepared and certified by a certified public
accountant when required by the commissioner, and evidence that he or
she has adequate physical facilities for receiving and handling farm
products or processing farm products if he or she is to act as a dealer.
The commissioner, if so satisfied, shall issue to such applicant, [upon
payment of twenty dollars, and] upon the filing of a bond or letter of
credit and upon payment of a fee to be deposited into the agricultural
producers security fund as hereinafter provided, a license entitling the
applicant to conduct the business of a dealer in farm products for a
period of one year. Notwithstanding any other provision of this section,
an applicant who intends to pay and a licensee who pays upon delivery
for purchases of farm products from producers, in cash, or cash equiv-
alent, including only certified or bank check, money order, electronic
funds transfer, or by debit card, shall be exempt from filing a bond or
S. 2008 42 A. 3008
letter of credit. In the event that a licensee who has been so exempted
from filing a bond or letter of credit fails to pay cash or a cash
equivalent upon delivery for any purchase of farm products from a
producer, such licensee shall file a bond or letter of credit as other-
wise required by this section with the commissioner no later than ten
business days from the date the commissioner notifies the licensee that
such bond or letter of credit is required.
S 9. Subdivision 5 of section 500 of the agriculture and markets law,
as amended by section 3 of part II of chapter 59 of the laws of 2009, is
amended to read as follows:
5. Licensure. No person shall maintain or operate a retail food store,
food service establishment or food warehouse unless such establishment
is licensed pursuant to the provisions of this article, provided, howev-
er, that establishments registered, permitted or licensed by the depart-
ment pursuant to other provisions of this chapter, under permit and
inspection by the state department of health or by a local health agency
which maintains a program certified and approved by the state commis-
sioner of health, or subject to inspection by the United States depart-
ment of agriculture pursuant to the federal meat, poultry or egg
inspection programs, shall be exempt from licensure under this article.
Application for licensure of a retail food store, food service estab-
lishment or food warehouse shall be made, upon a form prescribed by the
commissioner, on or before December first of every other year for the
registration period beginning January first following. Upon submission
of a completed application, together with the applicable licensing fee,
the commissioner shall ISSUE A license TO the retail food store, food
service establishment or food warehouse described in the application for
two years from the [applicable registration commencement period set
forth in this section] DATE OF ISSUANCE. The [licensing] LICENSE fee
shall be two hundred fifty dollars provided, however, that food ware-
houses shall pay a [licensing] LICENSE fee of four hundred dollars.
NOTWITHSTANDING THE PRECEDING SENTENCE, THE COMMISSIONER SHALL, UPON
SUBMISSION OF A COMPLETED APPLICATION FOR A NEW LICENSE BY AN APPLICANT
THAT IS A CHAIN STORE, AS DEFINED BY SUBDIVISION FIVE OF SECTION TWO
HUNDRED FIFTY-ONE-Z-TWO OF THIS CHAPTER, ISSUE SUCH LICENSE FOR A PERIOD
ENDING ON THE SAME DATE AS THE LICENSES OF THE OTHER CHAIN STORES THAT
ARE A PART OF THE SAME NETWORK.
S 10. This act shall take effect immediately.
PART W
Section 1. Legislative findings. The legislature hereby finds and
determines that the establishment of the utility debt securitization
authority under part B of chapter 173 of the laws of 2013 permitted the
issuance of securitized restructuring bonds on favorable terms which
resulted in lower aggregate distribution, transmission and transition
charges to Long Island ratepayers, compared to other available alterna-
tives, and the purposes of such act will be further advanced by amending
such act to permit the issuance of additional such bonds subject to a
limit on the outstanding principal amount thereof, including the poten-
tial issuance of such bonds by a newly created restructuring bond
issuer.
S 2. Subdivision 10 of section 2 of part B of chapter 173 of the laws
of 2013 relating to the issuance of securitized restructuring bonds to
refinance the outstanding debt of the Long Island power authority is
amended to read as follows:
S. 2008 43 A. 3008
10. "Restructuring bond issuer" means the corporate municipal instru-
mentality of the state created under PARAGRAPH A OR B OF SUBDIVISION ONE
OF section four of this act.
S 3. Subdivision 6 of section 3 of part B of chapter 173 of the laws
of 2013 relating to the issuance of securitized restructuring bonds to
refinance the outstanding debt of the Long Island power authority is
amended to read as follows:
6. Issuance of restructuring bonds. Within ninety days after receiving
notice of confirmation from the authority, the restructuring bond issuer
shall issue the restructuring bonds, in one or more series or tranches
and at one or more times, pursuant to the agreement to sell the restruc-
turing bonds. The restructuring bond issuer shall purchase the restruc-
turing property from the authority for a purchase price equal to the net
proceeds from the sale of the restructuring bonds less any amounts of
such proceeds required to fund or pay upfront financing costs. THE
AGGREGATE PRINCIPAL AMOUNT OF OUTSTANDING RESTRUCTURING BONDS AT ANY
TIME SHALL NOT EXCEED FOUR BILLION FIVE HUNDRED MILLION DOLLARS.
S 4. The section heading and subdivision 1 of section 4 of part B of
chapter 173 of the laws of 2013 relating to the issuance of securitized
restructuring bonds to refinance the outstanding debt of the Long Island
power authority is amended to read as follows:
Creation of restructuring bond [issuer] ISSUERS. 1. Creation of
restructuring bond [issuer] ISSUERS. (A) For the purpose of effectuat-
ing the purposes declared in section one of this act, there is hereby
created a special purpose corporate municipal instrumentality of the
state to be known as "utility debt securitization authority", which
shall be a body corporate and politic, a political subdivision of the
state, and a public benefit corporation, exercising essential govern-
mental and public powers for the good of the public. [The] SUCH restruc-
turing bond issuer shall not be created or organized, and its operations
shall not be conducted, for the purpose of making a profit. No part of
the revenues or assets of [the] SUCH restructuring bond issuer shall
inure to the benefit of or be distributable to its trustees or officers
or any other private persons, except as herein provided for actual
services rendered.
(B) FOR THE PURPOSE OF EFFECTUATING THE PURPOSES DECLARED IN SECTION
ONE OF THIS ACT, AND IN CONTEMPLATION OF SATISFACTION OF THE CONDITIONS
SET FORTH IN THE LAST SENTENCE OF THIS SUBDIVISION, THERE IS HEREBY
CREATED A SPECIAL PURPOSE CORPORATE MUNICIPAL INSTRUMENTALITY OF THE
STATE TO BE KNOWN AS "UTILITY DEBT SECURITIZATION AUTHORITY NO. 2",
WHICH SHALL BE A BODY CORPORATE AND POLITIC, A POLITICAL SUBDIVISION OF
THE STATE, AND A PUBLIC BENEFIT CORPORATION, EXERCISING ESSENTIAL
GOVERNMENTAL AND PUBLIC POWERS FOR THE GOOD OF THE PUBLIC. SUCH RESTRUC-
TURING BOND ISSUER SHALL NOT BE CREATED OR ORGANIZED, AND ITS OPERATIONS
SHALL NOT BE CONDUCTED, FOR THE PURPOSE OF MAKING A PROFIT. NO PART OF
THE REVENUES OR ASSETS OF SUCH RESTRUCTURING BOND ISSUER SHALL INURE TO
THE BENEFIT OF OR BE DISTRIBUTABLE TO ITS TRUSTEES OR OFFICERS OR ANY
OTHER PRIVATE PERSONS, EXCEPT AS HEREIN PROVIDED FOR ACTUAL SERVICES
RENDERED. SUCH RESTRUCTURING BOND ISSUER SHALL ISSUE NO RESTRUCTURING
BONDS UNLESS AND UNTIL THE AUTHORITY BY RESOLUTION SHALL HAVE FOUND AND
DETERMINED THAT ON THE BASIS OF THE DOCUMENTS AND OPINIONS PRESENTED TO
IT, THE TERMS OF SALE OF SUCH BONDS ARE, AT SUCH TIME, REASONABLY
EXPECTED TO BE MORE FAVORABLE THAN SUCH TERMS WOULD BE IF SUCH RESTRUC-
TURING BONDS WERE TO BE ISSUED BY THE RESTRUCTURING BOND ISSUER CREATED
BY PARAGRAPH (A) OF THIS SUBDIVISION.
S. 2008 44 A. 3008
S 5. Subparagraph (i) of paragraph (a) of subdivision 2 of section 4
of part B of chapter 173 of the laws of 2013 relating to the issuance of
securitized restructuring bonds to refinance the outstanding debt of the
Long Island power authority is amended to read as follows:
(i) issue the restructuring bonds contemplated by a restructuring cost
financing order, and use the proceeds thereof to purchase or acquire,
and to own, hold and use restructuring property or to pay or fund
upfront financing costs [provided, however, that the restructuring bond
issuer shall only issue and sell restructuring bonds once];
S 6. This act shall take effect immediately.
PART X
Section 1. Section 171 of the navigation law, as amended by chapter 35
of the laws of 1985, is amended to read as follows:
S 171. Purposes. It is the purpose of this article to ensure a clean
environment and healthy economy for the state by preventing the unregu-
lated discharge of petroleum which may result in damage to lands, waters
or natural resources of the state by authorizing the department of envi-
ronmental conservation to PREPARE FOR AND respond quickly to such
discharges and effect prompt cleanup and removal of such discharges,
giving first priority to minimizing environmental damage, and by provid-
ing for liability for damage sustained within the state as a result of
such discharges.
S 2. Subdivision 1 of section 172 of the navigation law, as added by
chapter 845 of the laws of 1977, is amended to read as follows:
1. "Administrator" means the [chief executive, within] PERSON DESIG-
NATED BY the [department] COMMISSIONER of [audit and control, of] ENVI-
RONMENTAL CONSERVATION TO ADMINISTER the New York environmental
protection and spill compensation fund;
S 3. Paragraphs (a), (b) and (d) of subdivision 4 of section 174 of
the navigation law, paragraph (a) as amended by section 1 of part E of
chapter 413 of the laws of 1999, paragraph (b) as amended by chapter 512
of the laws of 1986 and paragraph (d) as added by section 21 of part A
of chapter 58 of the laws of 1998, are amended to read as follows:
(a) The license fee shall be [one cent] NINE AND ONE-HALF CENTS per
barrel transferred [until the balance in such account established by
paragraph (a) of subdivision two of section one hundred seventy-nine of
this article equals or exceeds twenty-five million dollars], provided,
however, that the fee on any barrel, including any products derived
therefrom, subject to multiple transfer, shall be imposed only once at
the point of first transfer. In each fiscal year following any year in
which the balance of [such] THE account ESTABLISHED BY PARAGRAPH (A) OF
SUBDIVISION TWO OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE
equals or exceeds [twenty-five] FORTY million dollars, no license fee
shall be imposed unless (a) the current balance in such account is less
than [twenty] THIRTY-FIVE million dollars or (b) pending claims against
such account exceed fifty percent of the existing balance of such
account. [The provisions of the foregoing notwithstanding, should claims
paid from such account not exceed five million dollars within three
years after the license fee is first imposed, the license fee shall be
one cent per barrel transferred until the balance in such account equals
or exceeds eighteen million dollars, and thereafter shall not be imposed
unless: (1) the current balance in such account is less than fifteen
million dollars or (2) pending claims against such account exceed fifty
percent of the existing balance of such account.] In the event of either
S. 2008 45 A. 3008
such occurrence and upon certification thereof [by the state comp-
troller], the administrator shall within ten days of the date of such
certification reimpose the license fee, which shall take effect on the
first day of the month following such relevy. [In the event of a major
discharge or series of discharges resulting in claims against such
account exceeding the existing balance of such account, the license fee
shall be imposed at the rate of eight cents per barrel transferred until
the balance in such account equals pending claims against such account;
provided, however, that the] THE rate may be set at less than [eight]
NINE AND ONE-HALF cents per barrel transferred if the administrator
determines that the revenue produced by such lower rate shall be suffi-
cient to pay outstanding claims against such account within one year of
such imposition of the license fee. [Should such account exceed eighteen
million dollars or twenty-five million dollars, as herein provided, as a
result of interest, the administrator and the commissioner of environ-
mental conservation shall report to the legislature and the governor
concerning the options for the use of such interest.] The fee estab-
lished by this paragraph shall not be imposed upon any barrel which is
transferred to a land based facility but thereafter exported from this
state for use outside the state and is shipped to facilities outside the
state regardless of whether the delivery or sale of such petroleum
occurs in this state.
(b) The surcharge on the license fee shall be [two and one-half cents
per barrel for each barrel transferred on or after June first, nineteen
hundred eighty-five but before February first, nineteen hundred eighty-
eight. Such surcharge shall be three and one-half cents per barrel for
each barrel transferred on or after February first, nineteen hundred
eighty-eight, but before February first, nineteen hundred ninety. Such
surcharge shall be] four and one-quarter cents per barrel for each
barrel transferred on or after February first, nineteen hundred ninety.
(d) The surcharge established by paragraph (b) of this subdivision
shall be [one and one-half] THIRTEEN AND THREE QUARTERS cents per barrel
for any barrel that is transferred but thereafter exported from this
state for use outside the state as described by paragraph (a) of this
subdivision. TWELVE AND ONE-QUARTER CENTS OF SUCH SURCHARGE SHALL BE
CREDITED TO THE ACCOUNT ESTABLISHED BY PARAGRAPH (A) OF SUBDIVISION TWO
OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE.
S 4. Paragraph (a) of subdivision 2 of section 179 of the navigation
law, as amended by section 2 of part I of chapter 577 of the laws of
2004, is amended to read as follows:
(a) An account which shall be credited with all license fees and
penalties collected pursuant to paragraph (b) of subdivision one and
paragraph (a) of subdivision four of section one hundred seventy-four of
this article, THE PORTION OF THE SURCHARGE COLLECTED PURSUANT TO PARA-
GRAPH (D) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTY-FOUR OF
THIS SECTION, penalties collected pursuant to paragraph (b) of subdivi-
sion four of section one hundred seventy-four-a of this article, money
collected pursuant to section one hundred eighty-seven of this article,
all penalties collected pursuant to section one hundred ninety-two of
this article, and registration fees collected pursuant to subdivision
two of section 17-1009 of the environmental conservation law.
S 5. The opening paragraph and subdivisions 4 and 5 of section 180 of
the navigation law, the opening paragraph and subdivision 4 as added by
chapter 845 of the laws of 1977 and subdivision 5 as amended by chapter
35 of the laws of 1985, are amended to read as follows:
S. 2008 46 A. 3008
The [state comptroller] COMMISSIONER shall appoint and supervise an
administrator of the fund. The administrator shall be the chief execu-
tive of the fund and shall have the following powers and duties:
4. To certify the amount of claims and names of claimants [to the
state comptroller];
5. To disburse moneys from the fund for cleanup and removal costs
pursuant to a certification of claims [by the commissioner].
S 6. Subdivisions 7 and 9 of section 185 of the navigation law, as
added by chapter 672 of the laws of 1991, are amended to read as
follows:
7. Within sixty calendar days from the close of such hearing and after
due consideration of the written and oral statements and testimony and
arguments filed pursuant to this section, or on default in appearance on
said return day, the administrator shall make [his] A final determi-
nation on the validity or amount of the damage claims or claims for
cleanup and removal costs filed by the injured persons. The administra-
tor shall notify the claimant and, if known, the alleged discharger
thereof in writing by registered mail.
9. Upon a determination by the administrator that provides for an
award to the claimants, the administrator [shall certify the amount of
the award and the name of the claimant to the state comptroller, who]
shall pay the award from the fund. In any case in which a person respon-
sible for the discharge seeks judicial review, reasonable attorney's
fees and costs shall be awarded to the claimant if the determination of
the administrator is affirmed.
S 7. Subdivisions 1 and 2 of section 186 of the navigation law, as
amended by chapter 38 of the laws of 1985, subdivision 1 as separately
amended by chapter 35 of the laws of 1985, paragraph (c) of subdivision
2 as amended by chapter 672 of the laws of 1991 and paragraph (e) of
subdivision 2 as added by chapter 83 of the law of 1995, are amended to
read as follows:
1. (a) Moneys in the account established by paragraph (a) of subdivi-
sion two of section one hundred seventy-nine of this part shall be
disbursed by the administrator[, upon certification by the commission-
er,] for the purpose of costs incurred under section one hundred seven-
ty-six of this article.
(b) Moneys in the account established by paragraph (b) of subdivision
two of section one hundred seventy-nine of this part shall, within
forty-five days of the close of each license fee period, be deposited by
the administrator[,] in the hazardous waste remedial fund created pursu-
ant to section ninety-seven-b of the state finance law for expenditure
pursuant to such section[; provided, however, that the state comptroller
shall cause the administrator to reimburse the commissioner for the
reasonable costs of collecting the surcharge during those times when the
license fee is not imposed].
2. Moneys in the account established by paragraph (a) of subdivision
two of section one hundred seventy-nine of this part, AS MAY BE APPRO-
PRIATED BY THE LEGISLATURE, shall be disbursed by the administrator,
upon certification by him OR HER, for the following purposes:
(a) Damages as defined in section one hundred eighty-one of this arti-
cle;
(b) Such sums as may be necessary for research on the prevention and
the effects of spills of petroleum on the environment and on the devel-
opment AND TESTING of improved cleanup, CONTAINMENT and removal oper-
ations [as may be appropriated by the legislature; provided, however,
that such sums shall not exceed the amount of interest which is credited
S. 2008 47 A. 3008
to the account established by paragraph (a) of subdivision two of
section one hundred seventy-nine of this part];
(c) Such sums as may be necessary for the general administration of
the fund, equipment and personnel costs of the department [of environ-
mental conservation] and any other state agency related to the enforce-
ment of this article [as may be appropriated by the legislature];
(d) Such sums as may be [appropriated by the legislature] NECESSARY
for research and demonstration programs concerning the causes and abate-
ment of ocean pollution[; provided, however, that such sums shall not
exceed the amount of interest which is credited to the account estab-
lished by paragraph (a) of subdivision two of section one hundred seven-
ty-nine of this part].
(e) Such sums as may be necessary for the general administration,
equipment and personnel costs of the department [of environmental
conservation] related to the administration and enforcement of the
petroleum bulk storage program established pursuant to title ten of
article seventeen of the environmental conservation law.
(F) SUCH SUMS AS MAY BE NECESSARY FOR THE ACQUISITION AND MAINTENANCE
OF PETROLEUM SPILL PREVENTION, RESPONSE OR PERSONAL SAFETY EQUIPMENT AND
SUPPLIES AND TRAINING FOR STATE AND LOCAL GOVERNMENT ENTITIES, INCLUDING
EMERGENCY SERVICES AGENCIES AND PERSONNEL.
(G) SUCH SUMS AS MAY BE NECESSARY FOR PETROLEUM SPILL RESPONSE DRILLS
AND EXERCISES.
(H) SUCH SUMS AS MAY BE NECESSARY FOR IDENTIFICATION, MAPPING, AND
ANALYSIS OF POPULATIONS, ENVIRONMENTALLY SENSITIVE AREAS, AND RESOURCES
AT RISK FROM SPILLS OF PETROLEUM AND RELATED IMPACTS; AND THE DEVELOP-
MENT, IMPLEMENTATION, AND UPDATING OF CONTINGENCY PLANS, INCLUDING
GEOGRAPHIC RESPONSE PLANS, TO PROTECT THOSE POPULATIONS, SENSITIVE ENVI-
RONMENTS, AND RESOURCES IN THE EVENT OF A SPILL OF PETROLEUM OR RELATED
IMPACTS.
S 8. Section 191 of the navigation law, as amended by chapter 35 of
the laws of 1985, is amended to read as follows:
S 191. [Joint rules and regulations] RULES. The commissioner [and the
state comptroller are] IS authorized to adopt, amend, repeal, and
enforce such rules and regulations pursuant to the state administrative
procedure act[, as they] THAT THE COMMISSIONER may deem necessary to
accomplish the purposes of this article.
S 9. Section 192 of the navigation law, as added by chapter 845 of the
laws of 1977, is amended to read as follows:
S 192. Enforcement of article; penalties. Any person who knowingly
gives or causes to be given any false information as a part of, or in
response to, any claim made pursuant to this article for cleanup and
removal costs, direct or indirect damages resulting from a discharge, or
who otherwise violates any of the provisions of this article or any rule
promulgated thereunder or who fails to comply with any duty created by
this article shall be liable to a penalty of not more than twenty-five
thousand dollars for each offense. SUCH PENALTY MAY BE ASSESSED BY THE
COMMISSIONER AFTER A HEARING OR AN OPPORTUNITY TO BE HEARD OR in a court
of competent jurisdiction. If the violation is of a continuing nature
each day during which it continues shall constitute an additional, sepa-
rate and distinct offense.
S 10. Section 196 of the navigation law, as amended by chapter 35 of
the laws of 1985, is amended to read as follows:
S 196. Reports. The commissioner [and the administrator] shall make an
annual report to the legislature and the governor which shall describe
the quality and quantity of spills of petroleum, the costs and damages
S. 2008 48 A. 3008
paid by and recovered for the fund, and the economic and environmental
impact on the state as a result of the administration of this article.
S 11. Subdivision 6 of section 200 of the navigation law, such section
as renumbered by chapter 845 of the laws of 1977, is renumbered subdivi-
sion 7 and a new subdivision 6 is added to read as follows:
6. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION MAY, AFTER A HEARING
OR AN OPPORTUNITY TO BE HEARD, ASSESS A PENALTY OF UP TO TWENTY-FIVE
THOUSAND DOLLARS PER DAY FOR ANY VIOLATION OF OR A FAILURE TO COMPLY
WITH ANY PROVISION CONTAINED IN ARTICLE TWELVE OF THIS CHAPTER, OR ANY
LAWFUL NOTICE, ORDER OR REGULATION PRESCRIBED BY THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION UNDER SUCH PROVISION.
S 12. Subdivision 2 of section 97-b of the state finance law, as
amended by section 4 of part I of chapter 1 of the laws of 2003, is
amended to read as follows:
2. Such fund shall consist of all of the following:
(a) moneys appropriated for transfer to the fund's site investigation
and construction account; (b) all fines and other sums accumulated in
the fund prior to April first, nineteen hundred eighty-eight pursuant to
section 71-2725 of the environmental conservation law for deposit in the
fund's site investigation and construction account; (c) all moneys
collected or received by the department of taxation and finance pursuant
to section 27-0923 of the environmental conservation law for deposit in
the fund's industry fee transfer account; (d) all moneys paid into the
fund pursuant to section 72-0201 of the environmental conservation law
which shall be deposited in the fund's industry fee transfer account;
(e) all moneys paid into the fund pursuant to PARAGRAPH (B) OF SUBDIVI-
SION ONE OF section one hundred eighty-six of the navigation law which
shall be deposited in the fund's industry fee transfer account; (f) all
moneys paid into the fund by municipalities for repayment of landfill
closure loans made pursuant to title five of article fifty-two of the
environmental conservation law for deposit in the fund's site investi-
gation and construction account; (g) all monies recovered under sections
56-0503, 56-0505 and 56-0507 of the environmental conservation law into
the fund's environmental restoration project account; (h) all fees paid
into the fund pursuant to section 72-0403 of the environmental conserva-
tion law which shall be deposited in the fund's industry fee transfer
account; (i) payments received for all state costs incurred in negotiat-
ing and overseeing the implementation of brownfield site cleanup agree-
ments pursuant to title fourteen OF ARTICLE TWENTY-SEVEN of the environ-
mental conservation law shall be deposited in the hazardous waste
remediation oversight and assistance account; and (j) other moneys cred-
ited or transferred thereto from any other fund or source for deposit in
the fund's site investigation and construction account.
S 13. Continuation of rules and regulations pertaining to the adminis-
tration of the New York environmental protection and spill compensation
fund. Upon the transfer of the functions and powers possessed by the New
York state comptroller in regard to the administration of the New York
environmental protection and spill compensation fund pursuant to the
navigation law to the department of environmental conservation as
prescribed by this act, all rules, regulations, acts, orders, determi-
nations and decisions, pertaining to the functions transferred by this
act to the department of environmental conservation shall continue in
force and effect as rules, regulations, acts, determinations and deci-
sions of the department of environmental conservation, unless duly modi-
fied or repealed.
S. 2008 49 A. 3008
S 14. This act shall take effect immediately; provided, however, that
to allow for an orderly transition of work the department of environ-
mental conservation and the state comptroller may have until October 1,
2015 to transfer all functions associated with the administration of the
environmental protection and spill compensation fund as required by
sections two and five of this act; provided further that the increased
fees established pursuant to paragraphs (a) and (d) of subdivision 4 of
section 174 of the navigation law as amended by section three of this
act shall take effect on September 1, 2015 and shall apply to any barrel
that is transferred on and after such date.
PART Y
Section 1. The opening paragraph of subdivision 1 and subdivision 3 of
section 72-0303 of the environmental conservation law, the opening para-
graph of subdivision 1 as amended by section 1 of part BBB of chapter 59
of the laws of 2009 and subdivision 3 as amended by section 1 of part D
of chapter 413 of the laws of 1999, are amended to read as follows:
COMMENCING JANUARY FIRST, TWO THOUSAND FIFTEEN AND EVERY YEAR THERE-
AFTER, ALL SOURCES OF REGULATED AIR CONTAMINANTS IDENTIFIED PURSUANT TO
SUBDIVISION ONE OF SECTION 19-0311 OF THIS CHAPTER SHALL SUBMIT TO THE
DEPARTMENT AN ANNUAL BASE FEE OF TWO THOUSAND FIVE HUNDRED DOLLARS. THIS
BASE FEE SHALL BE IN ADDITION TO THE FEES LISTED BELOW. Commencing Janu-
ary first, nineteen hundred ninety-four and every year thereafter all
sources of regulated air contaminants identified pursuant to subdivision
one of section 19-0311 of this chapter shall submit to the department an
annual fee [of forty-five dollars per ton] NOT TO EXCEED THE PER TON
FEES DESCRIBED BELOW. THE PER TON FEE IS ASSESSED ON EACH TON OF EMIS-
SIONS up to seven thousand tons annually of each regulated air contam-
inant as follows: [forty-five] SIXTY dollars per ton for facilities
with total emissions less than one thousand tons annually; [fifty]
SEVENTY dollars per ton for facilities with total emissions of one thou-
sand or more but less than two thousand tons annually; [fifty-five]
EIGHTY dollars per ton for facilities with total emissions of two thou-
sand or more but less than five thousand tons annually; and [sixty-five]
NINETY dollars per ton for facilities with total emissions of five thou-
sand or more tons annually. Such fee shall be sufficient to support an
appropriation approved by the legislature for the direct and indirect
costs associated with the operating permit program established in
section 19-0311 of this chapter. Such fee shall be established by the
department and shall be calculated by dividing the amount of the current
year appropriation from the operating permit program account of the
clean air fund by the total tons of emissions of regulated air contam-
inants that are subject to the operating permit program fees from sourc-
es subject to the operating permit program pursuant to section 19-0311
of this chapter up to seven thousand tons annually of each regulated air
contaminant from each source; provided that, in making such calculation,
the department shall adjust their calculation to account for any deficit
or surplus in the operating permit program account of the clean air fund
established pursuant to section ninety-seven-oo of the state finance
law; any loan repayment from the mobile source account of the clean air
fund established pursuant to section ninety-seven-oo of the state
finance law; and the rate of collection by the department of the bills
issued for the fee for the prior year.
3. Effective January first, [nineteen hundred ninety-seven through
December thirty-first, nineteen hundred ninety-eight, and notwithstand-
S. 2008 50 A. 3008
ing the requirements of the state administrative procedure act, the cap
of twenty-five dollars per ton] TWO THOUSAND SIXTEEN AND ANNUALLY THERE-
AFTER, THE BASE FEES AND PER TON FEES LISTED IN SUBDIVISION ONE OF THIS
SECTION shall increase by the percentage, if any, by which the consumer
price index exceeds the consumer price index for the PRIOR calendar year
[nineteen hundred eighty-nine].
[a.] The consumer price index for any calendar year is the average of
the consumer price index for all urban consumers published by the United
States department of labor, as of the close of the twelve-month period
ending on August thirty-first of each calendar year.
[b. The revision of the consumer price index for the calendar year
nineteen hundred eighty-nine shall be used in the event the department
of labor revises its method of determining the consumer price index.]
S 2. Section 72-0302 of the environmental conservation law, as amended
by chapter 608 of the laws of 1993, the opening paragraph of subdivision
1 and the closing paragraph as amended by chapter 432 of the laws of
1997, paragraph e as amended and paragraphs f and g of subdivision 1 as
relettered by chapter 170 of the laws of 1994, is amended to read as
follows:
S 72-0302. State air quality control fees.
1. All persons, except those required to pay a fee under section
72-0303 of this [article] TITLE, who are required to obtain a permit,
[certificate] REGISTRATION or approval pursuant to the state air quality
control program shall submit to the department a [per emission point]
fee in an amount established as follows:
a. [$11,000.00] $2,500.00 for a stationary [combustion installation
having a maximum operating heat input equal to or greater than fifty
million British thermal units per hour as stated on the most recent
application for a permit to construct or application for a certificate
to operate and which emits or has the potential to emit equal to or
greater than any one of the following:
(i) one hundred tons per year of oxides of nitrogen, or if located in
a severe ozone nonattainment area, twenty-five tons per year; or
(ii) one hundred tons per year of sulfur dioxide; or
(iii) one hundred tons per year of particulates] SOURCE SUBJECT TO A
STATE FACILITY PERMIT.
b. [$2,000.00] $250.00 for [all] A stationary [combustion installa-
tions which are not included under paragraph a of this subdivision and
which have a maximum operating heat input greater than fifty million
British thermal units per hour as stated on the most recent application
for a certificate to operate] SOURCE SUBJECT TO A MINOR FACILITY REGIS-
TRATION FROM THE DEPARTMENT.
c. [$100.00] $2,500.00 for a [stationary combustion installation
having a maximum operating heat input less than fifty million British
thermal units per hour as stated on the most recent application for a
certificate to operate] FACILITY WITH ANY OTHER OPERATING APPROVAL.
[d. $2,000.00 for a process air contamination source for an annual
emission rate equal to or greater than twenty-five tons per year of any
one of the following: sulfur dioxide, nitrogen dioxide, total particu-
lates, carbon monoxide, total volatile organic compounds and other
specific air contaminants. The annual emission rate shall be the actual
annual emission rate as stated on the most recent application for a
permit to construct or application for a certificate to operate. In the
event that hours of operation have not been specified on the applica-
tions then maximum possible hours of operation (8760 hours) will be used
to calculate actual annual emissions.
S. 2008 51 A. 3008
e. $160.00 for a process air contamination source, except a gasoline
dispencing site, for an annual emission rate less than twenty-five tons
per year of any one of the following: sulfur dioxide, nitrogen dioxide,
total particulates, carbon monoxide, total volatile organic compounds
and other specific air contaminants. The annual emission rate shall be
the actual annual emission rate as applied for on the most recent appli-
cation for a permit to construct or application for a certificate to
operate. In the event that hours of operation have not been specified on
the applications then maximum possible hours of operation (8760 hours)
will be used to calculate actual annual emissions.
f. $2,000.00 for an incinerator capable of charging two thousand
pounds of refuse per hour or greater. The charging capacity will be
established in accordance with the application for the most recent
permit to construct or application for a certificate to operate the
incinerator source and will be calculated on an emission point basis.
g. $160.00 for an incinerator with a maximum design charge rate of
less than two thousand pounds of refuse per hour. The charging capacity
will be established in accordance with the application for the most
recent permit to construct or application for a certificate to operate
the incinerator source and will be calculated on an emission point
basis.]
Provided, however, that where a city or county is delegated the
authority to administer the state air quality control program, or any
portion thereof, pursuant to paragraph p of subdivision two of section
3-0301 of this chapter and such city or county collects a fee in
connection with the issuance of a permit, [certificate] REGISTRATION, or
approval for a [combustion installation, incinerator or process air
contamination] STATIONARY source SUBJECT TO A STATE FACILITY PERMIT,
MINOR FACILITY REGISTRATION OR OTHER OPERATING APPROVAL, no additional
liability for fees under this section shall accrue for the [particular
combustion installation, incinerator or process air contamination]
source that is subject to the delegation.
2. NOTWITHSTANDING THE REQUIREMENTS OF THE STATE ADMINISTRATIVE PROCE-
DURE ACT, BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN AND ANNUALLY
THEREAFTER, THE FEES LISTED IN SUBDIVISION ONE OF THIS SECTION SHALL
INCREASE BY THE PERCENTAGE, IF ANY, BY WHICH THE CONSUMER PRICE INDEX
EXCEEDS THE CONSUMER PRICE INDEX FOR THE PRIOR CALENDAR YEAR. THE
CONSUMER PRICE INDEX FOR ANY CALENDAR YEAR IS THE AVERAGE OF THE CONSUM-
ER PRICE INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE UNITED STATES
DEPARTMENT OF LABOR, AS OF THE CLOSE OF THE TWELVE-MONTH PERIOD ENDING
ON AUGUST THIRTY-FIRST OF EACH CALENDAR YEAR. SUCH CALCULATIONS AND FEES
SHALL BE ESTABLISHED AS A RULE BY PUBLICATION IN THE ENVIRONMENTAL
NOTICE BULLETIN NO LATER THAN THIRTY DAYS AFTER THE BUDGET BILLS MAKING
APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT ARE ENACTED OR JULY FIRST,
WHICHEVER IS LATER, OF THE YEAR SUCH FEE WILL BE EFFECTIVE.
S 3. Subdivisions a, b, c, d, e, f, g, h, i, j, k, l, m, n, q and t of
section 72-0602 of the environmental conservation law, paragraphs a, b,
c, d, e, f, g, h, q and t as amended by section 1 of part JJ of chapter
59 of the laws of 2009, subdivision i as amended by section 1 of part T1
of chapter 62 of the laws of 2003, and subdivisions j, k, l, m and n as
amended by chapter 62 of the laws of 1989, are amended to read as
follows:
a. [$300.00] $375.00 for any P/C/I facilities having a permit to
discharge or discharging at an average daily rate of less than 100,000
gallons;
S. 2008 52 A. 3008
b. [$600.00] $750.00 for P/C/I facilities having a permit to discharge
or discharging at an average daily rate of 100,000 gallons or more;
c. [$600.00] $750.00 for industrial facilities having a permit to
discharge or discharging at an average daily rate of less than 10,000
gallons;
d. [$2,000.00] $2,300.00 for industrial facilities having a permit to
discharge or discharging at an average daily rate of between 10,000
gallons and 99,999 gallons;
e. [$6,000.00] $7,250.00 for industrial facilities having a permit to
discharge or discharging at an average daily rate of between 100,000
gallons and 499,999 gallons;
f. [$20,000.00] $25,000.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of between 500,000
and 999,999 gallons;
g. [$30,000.00] $37,000.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of between
1,000,000 and 9,999,999 gallons;
h. [$50,000.00] $58,000.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of 10,000,000
gallons or more;
i. [$50,000.00] $58,000.00 for any power plant;
j. [$375.00] $450.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of less than 200,000
gallons;
k. [$1,875.00] $2,000.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of between 200,000 and
999,999 gallons;
l. [$7,500.00] $8,000.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of between 1,000,000
and 4,999,999 gallons;
m. [$15,000.00] $15,500.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of between 5,000,000
and 39,999,999 gallons;
n. [$37,500.00] $38,500.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of 40,000,000 gallons
or more;
q. [$100.00] $125.00 per acre disturbed plus [$600.00] $700.00 per
future impervious acre for any facility, not owned or managed by a local
government or a state department, agency, or authority, discharging or
authorized to discharge pursuant to a SPDES permit for stormwater
discharges from construction activity. For the purposes of this subdivi-
sion, acres disturbed are acres subject to clearing, grading, or exca-
vating subject to SPDES permitting and future impervious acres are acres
that will be newly paved or roofed during construction;
t. [$100.00] $150.00 for any facility, other than a municipal separate
storm sewer as defined by 40 CFR S122.26 (b) (8), discharging or author-
ized to discharge pursuant to a general permit unless a specific fee is
imposed pursuant to subdivisions a through s of this section for such
discharge or authorization to discharge.
S 4. Section 72-0602 of the environmental conservation law is amended
by adding a new closing paragraph to read as follows:
NOTWITHSTANDING THE PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE
ACT, BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN AND ANNUALLY THERE-
AFTER, THE FEES LISTED ABOVE SHALL INCREASE BY THE PERCENTAGE, IF ANY,
BY WHICH THE CONSUMER PRICE INDEX EXCEEDS THE CONSUMER PRICE INDEX FOR
THE PRIOR CALENDAR YEAR. THE CONSUMER PRICE INDEX FOR ANY CALENDAR YEAR
S. 2008 53 A. 3008
IS THE AVERAGE OF THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS
PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR, AS OF THE CLOSE OF
THE TWELVE-MONTH PERIOD ENDING ON AUGUST THIRTY-FIRST OF EACH CALENDAR
YEAR. SUCH CALCULATIONS AND FEES SHALL BE ESTABLISHED AS A RULE BY
PUBLICATION IN THE ENVIRONMENTAL NOTICE BULLETIN NO LATER THAN THIRTY
DAYS AFTER THE BUDGET BILLS MAKING APPROPRIATIONS FOR THE SUPPORT OF
GOVERNMENT ARE ENACTED OR JULY FIRST, WHICHEVER IS LATER, OF THE YEAR
SUCH FEE WILL BE EFFECTIVE.
S 5. This act shall take effect immediately and shall apply to all
bills issued on and after January 1, 2015.
PART Z
Section 1. Subdivision 3 of section 15-1525 of the environmental
conservation law, as amended by section 2 of part F of chapter 59 of the
laws of 2006, is amended to read as follows:
3. The certificate of registration shall require that, before the
commencement of drilling of any well or wells, the water well driller
shall file a preliminary notice with the department; it shall also
provide that upon the completion of the drilling of any water well or
water wells, a completion report be filed with the department, giving
the log of the well, the size and depth thereof, the capacity of the
pump or pumps attached or to be attached thereto, and such other infor-
mation pertaining to the withdrawal of water and operation of such water
well or water wells as the department by its rules and regulations may
require. The water well driller shall provide a copy of such completion
report to the water well owner. The number of the certificate of regis-
tration must be displayed on the well drilling machinery of the regis-
trant. The certificate of registration shall also contain a notice to
the certificate holder that the business activities authorized by such
certificate are subject to the provisions of article thirty-six-A of the
general business law. [The fee for such certificate of registration
shall be ten dollars annually.] The commissioner shall promulgate a
water well completion report form which shall be utilized by all water
well drillers in satisfying the requirements of this section and any
other provision of state or local law which requires the submission of a
water well completion report or water well log.
S 2. This act shall take effect immediately.
PART AA
Section 1. Paragraph 4 of subdivision (a) of section 83 of the state
finance law, as amended by chapter 512 of the laws of 1994, is amended
to read as follows:
4. (i) There is hereby created a special account within the conserva-
tion fund to be known as the state fish and game trust account to
consist of all moneys received by the state from the sale of lifetime
hunting, fishing, trapping, archery and muzzle-loading licenses pursuant
to section 11-0702 of the environmental conservation law. The state
comptroller shall invest the moneys in such account in securities as
defined by section ninety-eight-a of this article, EXCEPT AS PROVIDED IN
SUBPARAGRAPH (III) OF THIS PARAGRAPH. Any income earned by the invest-
ment of such moneys, except income transferred to the conservation fund
pursuant to subparagraph (iii) of this paragraph, shall be added to and
become a part of, and shall be used for the purposes of such account.
S. 2008 54 A. 3008
(ii) The state comptroller shall provide an annual report of the trust
account which lists the amount of the principal, THE PRINCIPAL TRANS-
FERRED TO THE HABITAT CONSERVATION AND ACCESS ACCOUNT PURSUANT TO
SUBPARAGRAPH (III) OF THIS PARAGRAPH, the earned income, the earned
income accrued to the principal, and the earned income transferred to
the conservation fund pursuant to subparagraph (iii) of this paragraph
not later than April tenth of each year for the state fiscal year ending
the immediately preceding March thirty-first. A copy of such report
shall be transmitted, forthwith, to the director of the division of the
budget, the chairman of the senate finance committee, the chairman of
the assembly ways and means committee, the commissioner of the depart-
ment of environmental conservation and each of the eleven members of the
conservation fund advisory [council] BOARD, created pursuant to section
[seven hundred] 11-0327 of the [executive] ENVIRONMENTAL CONSERVATION
law.
(iii) Earned income from the sale of all lifetime licenses, except
income earned on the proceeds of the sale of a lifetime license during
the period from sale of such license until April first of the year
following one full year of deposit of the proceeds of the sale of such
lifetime license, shall be available for deposit within the conservation
fund pursuant to paragraph one of this subdivision in an amount equal to
the cost of the appropriate annual license. The earned income which
exceeds the current cost of each annual license comparable to the life-
time license, shall be added to the trust account as principal. The
earned income from lifetime licenses issued to persons who are under the
legal age to implement such licenses shall be added to the trust account
as principal until such person becomes of legal age to hunt, fish or
trap. BEGINNING APRIL FIRST, TWO THOUSAND FIFTEEN, UP TO ONE MILLION
FIVE HUNDRED THOUSAND DOLLARS ANNUALLY FROM THE STATE FISH AND GAME
TRUST ACCOUNT SHALL BE AVAILABLE FOR DEPOSIT WITHIN THE HABITAT CONSER-
VATION AND ACCESS ACCOUNT ESTABLISHED PURSUANT TO SECTION EIGHTY-THREE-A
OF THIS ARTICLE.
S 2. Subdivision (h) of section 83 of the state finance law is
REPEALED.
S 3. The state finance law is amended by adding a new section 83-a to
read as follows:
S 83-A. HABITAT CONSERVATION AND ACCESS ACCOUNT. (A) THERE IS HEREBY
CREATED AN ACCOUNT WITHIN THE MISCELLANEOUS CAPITAL PROJECTS FUND, THE
HABITAT CONSERVATION AND ACCESS ACCOUNT. THE HABITAT CONSERVATION AND
ACCESS ACCOUNT SHALL CONSIST OF ALL MONEYS FROM FUNDS OF THE STATE FISH
AND GAME TRUST ACCOUNT AUTHORIZED TO BE DEPOSITED PURSUANT TO SUBPARA-
GRAPH (III) OF PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
OF THIS ARTICLE RECEIVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
FROM THE SALE OF LIFETIME LICENSES FOR HUNTING, TRAPPING, AND FISHING,
AND ALL MONEYS, REVENUES AND INTEREST THEREON RECEIVED AS A RESULT OF
THE APPLICATION OF SUBDIVISION SEVENTEEN OF SECTION 11-0305 OF THE ENVI-
RONMENTAL CONSERVATION LAW AUTHORIZING THE ISSUANCE AND SALE OF VOLUN-
TARY HABITAT STAMPS, OTHER THAN THE AMOUNT RETAINED BY THE ISSUING AGENT
OR OFFICER. THE HABITAT CONSERVATION AND ACCESS ACCOUNT SHALL BE
SUBJECT TO THE SAME RESTRICTIONS AND PROTECTIONS AS THE CONSERVATION
FUND.
(B) THESE MONEYS, AFTER APPROPRIATION BY THE LEGISLATURE, AND WITHIN
THE AMOUNTS SET FORTH AND FOR THE SEVERAL PURPOSES SPECIFIED, SHALL BE
AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE CAPI-
TAL EXPENSES ASSOCIATED WITH MANAGEMENT, PROTECTION, AND RESTORATION OF
S. 2008 55 A. 3008
FISH AND WILDLIFE HABITATS, AND IMPROVEMENT AND DEVELOPMENT OF PUBLIC
ACCESS FOR FISH AND WILDLIFE RELATED RECREATION.
(C) ALL PAYMENTS MADE FROM THE HABITAT CONSERVATION AND ACCESS ACCOUNT
SHALL BE MADE BY THE DEPARTMENT OF TAXATION AND FINANCE AFTER AUDIT AND
UPON WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION. AFTER APPROPRIATIONS MADE AVAILABLE FROM
THE HABITAT CONSERVATION AND ACCESS ACCOUNT SHALL CEASE TO HAVE FORCE
AND EFFECT, ANY BALANCES REMAINING UNEXPENDED AND NOT REQUIRED TO MEET
THE PROPER AND NECESSARY EXPENSES OF THE DIVISION OF FISH AND WILDLIFE
SHALL REVERT TO THE STATE FISH AND GAME TRUST ACCOUNT ESTABLISHED PURSU-
ANT TO PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE OF THIS
ARTICLE.
(D) NO FUNDS MAY BE TRANSFERRED OR USED IN ANY WAY WHICH WOULD RESULT
IN THE LOSS OF ELIGIBILITY FOR FEDERAL BENEFITS OR FEDERAL FUNDS PURSU-
ANT TO FEDERAL LAW, RULE, OR REGULATION AS ASSENTED TO IN CHAPTER SIX
HUNDRED EIGHTY-THREE OF THE LAWS OF NINETEEN HUNDRED THIRTY-EIGHT AND
CHAPTER SEVEN HUNDRED OF THE LAWS OF NINETEEN HUNDRED FIFTY-ONE.
S 4. Subdivision 17 of section 11-0305 of the environmental conserva-
tion law, as added by section 3 of part F of chapter 82 of the laws of
2002, is amended to read as follows:
17. To prepare or cause to be prepared voluntary habitat stamps and
furnish such stamps annually to license issuing agents and officers for
sale and issuance in the same manner as licenses and other types of
stamps. The department shall, by rule, establish the fee for the habitat
stamp which shall [not exceed] BE NO LESS THAN five dollars plus an
additional amount for the issuing agent or officer. The purchase of a
stamp is voluntary and a stamp need not be possessed in order to take
fish or wildlife.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015; provided,
however, that all funds in the habitat account of the conservation fund,
established pursuant to subdivision (h) of section 83 of the state
finance law, on the effective date of this act shall be transferred to
the habitat conservation and access account established pursuant to
section 83-a of the state finance law as added by section three of this
act.
PART BB
Section 1. Paragraph a of section 11.00 of the local finance law is
amended by adding a new subdivision 29-a to read as follows:
29-A. TRANSIT MOTOR VEHICLES. THE PURCHASE OF MUNICIPALLY OWNED OMNI-
BUS OR SIMILAR SURFACE TRANSIT MOTOR VEHICLES, TEN YEARS.
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-
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 BB of this act shall be
as specifically set forth in the last section of such Parts.
2015-A3008A - Details
- See Senate Version of this Bill:
- S2008
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2015-A3008A - Summary
Relates to the effectiveness of motor vehicle transaction fees and certain costs relating to the department of motor vehicles; relates to fees for motor carriers; relates to mass transportation payments including Ontario county to the Rochester-Genesee Regional Transportation District; creates a transit assistance for capital investments fund
2015-A3008A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2008--A A. 3008--A
S E N A T E - A S S E M B L Y
January 21, 2015
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend part U1 of chapter 62 of the laws of 2003 amending the
vehicle and traffic law and other laws relating to increasing certain
motor vehicle transaction fees, in relation to the effectiveness ther-
eof; and to amend chapter 84 of the laws of 2002, amending the state
finance law relating to the costs of the department of motor vehicles,
in relation to permanently authorizing payment of department of motor
vehicle costs from the dedicated highway and bridge trust fund (Part
A); to amend the infrastructure investment act, in relation to expand-
ing the definition of authorized state entity and increasing the
threshold amounts for projects utilizing design-build contracts (Part
B); to amend the transportation law, in relation to fees for motor
carriers; and to repeal certain provisions of such law relating there-
to (Part C); to amend chapter 413 of the laws of 1999, relating to
providing for mass transportation payments, in relation to including
Ontario county to the Rochester-Genesee Regional Transportation
District (Part D); to amend the state finance law, in relation to
creating a transit assistance for capital investments fund (Part E);
authorizing the department of transportation to defer reductions in
service payments for two years (Part F); to amend the public authori-
ties law, the highway law, and the public officers law, in relation to
authorizing shared services agreements between the department of
transportation and the New York state thruway authority (Part G); to
amend the vehicle and traffic law, in relation to overweight permits
(Part H); to amend the vehicle and traffic law, the criminal procedure
law and the transportation law, in relation to the issuance of commer-
cial learner's permits and the disqualification of commercial driver's
licenses and commercial learner's permits (Part I); to amend public
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12573-02-5
S. 2008--A 2 A. 3008--A
authorities law, in relation to decreasing state responsibility for
certain costs incurred by the New York state thruway authority (Part
J); to amend the public authorities law, in relation to toll
collection regulations; to amend the public officers law, in relation
to electronic toll collection data; to amend the vehicle and traffic
law, in relation to liability of vehicle owners for toll collection
violations; and to amend chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port
of New York authority, in relation to tolls and other charges (Part
K); to amend the public authorities law, in relation to procurements
by the New York city transit authority and the metropolitan transpor-
tation authority (Part L); to amend the New York state urban develop-
ment corporation act, in relation to extending certain provisions
relating to the empire state economic development fund (Part M); to
amend chapter 393 of the laws of 1994, amending the New York state
urban development corporation act, relating to the powers of the New
York state urban development corporation to make loans, in relation to
the effectiveness thereof (Part N); to authorize and direct the New
York state energy research and development authority to make a payment
to the general fund of up to $913,000 (Part O); to authorize the ener-
gy 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 conserva-
tion's climate change program, from an assessment on gas and electric
corporations (Part P); to amend the executive law, in relation to
extending certain provisions relating to the minority- and women-owned
business enterprise disparity study; and to amend chapter 261 of the
laws of 1988 amending the state finance law and other laws relating to
the New York infrastructure trust fund, in relation to the effective-
ness of article 15-A of the executive law (Part Q); to authorize the
department of health to finance certain activities with revenues
generated from an assessment on cable television companies (Part R);
to amend chapter 58 of the laws of 2012 amending the public authori-
ties law relating to authorizing the dormitory authority to enter into
certain design and construction management agreements, in relation to
extending certain authority of the dormitory authority of the state of
New York (Part S); to amend chapter 21 of the laws of 2003, amending
the executive law relating to permitting the secretary of state to
provide special handling for all documents filed or issued by the
division of corporations and to permit additional levels of such expe-
dited service, in relation to extending the expiration date thereof
(Part T); to amend the real property law, in relation to eliminating
certain fees charged for an apartment information vendor license (Part
U); to amend the agriculture and markets law, in relation to eliminat-
ing certain license fees (Part V); to amend part B of chapter 173 of
the laws of 2013 relating to the issuance of securitized restructuring
bonds to refinance the outstanding debt of the Long Island power
authority, in relation to the issuance of securitized restructuring
bonds to refinance outstanding debt of the Long Island power authority
(Part W); to amend the navigation law and the state finance law, in
relation to license fees and surcharges for the transfer of petroleum
between vessels, between facilities and vessels, and between facili-
ties, whether onshore or offshore (Part X); to amend the environmental
conservation law, in relation to operating permit program fees, state
air quality control fees and state pollutant discharge elimination
S. 2008--A 3 A. 3008--A
system program fees (Part Y); to amend the environmental conservation
law, in relation to eliminating the registration fee for water well
driller certification (Part Z); to amend the state finance law and the
environmental conservation law, in relation to establishing a habitat
conservation and access account; and to repeal certain provisions of
the state finance law relating thereto (Part AA); to amend the local
finance law, in relation to establishing a ten year period of probable
usefulness for municipally owned omnibus or surface transit motor
vehicles (Part BB); and to amend the vehicle and traffic law, in
relation to directing the city of Buffalo to adjudicate traffic
infractions; and in relation to certain penalties and forfeited secu-
rity collected by the city of Buffalo and granting a traffic
violations agency certain powers; to amend the general municipal law,
in relation to establishing the Buffalo traffic violations agency; to
amend the state finance law, in relation to the justice court fund; to
amend the criminal procedure law, in relation to a trial by judicial
hearing officer; and requires the executive director of the Buffalo
traffic violations agency to annually issue a report on the progress,
development and operations of such agency (Part CC)
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 2015-2016
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through CC. 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. Section 13 of part U1 of chapter 62 of the laws of 2003
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section 1 of
part C of chapter 57 of the laws of 2014, is amended to read as follows:
S 13. This act shall take effect immediately; [provided however that
sections one through seven of this act, the amendments to subdivision 2
of section 205 of the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed on April 1,
2015;] provided [further,] however, that the amendments to subdivision 3
of section 205 of the tax law made by section eight of this act shall
expire and be deemed repealed on March 31, 2018; provided further,
however, that the provisions of section eleven of this act shall take
effect April 1, 2004 [and shall expire and be deemed repealed on April
1, 2015].
S 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, as amended by section 2 of part C of chapter 57 of the laws of
2014, is amended to read as follows:
S. 2008--A 4 A. 3008--A
S 2. This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2002[; provided further, however, that this act shall
expire and be deemed repealed on April 1, 2015].
S 3. This act shall take effect immediately.
PART B
Section 1. Paragraph (e) of subdivision 6 of section 2 of part F of
chapter 56 of the laws of 2011, constituting the infrastructure invest-
ment act, is amended to read as follows:
(e) assist the use of the most efficient and effective procurement and
project management for infrastructure projects in the transportation,
energy, environment, public facilities, PUBLIC BUILDING and economic
development sectors.
S 2. Paragraph (a) of section 3 of part F of chapter 56 of the laws of
2011, constituting the infrastructure investment act, is amended to read
as follows:
(a) "authorized state entity" shall mean [the New York state thruway
authority, the department of transportation, the office of parks, recre-
ation and historic preservation, the department of environmental conser-
vation and the New York state bridge authority] ANY STATE AGENCY AS SUCH
TERM IS DEFINED IN SECTION 160 OF THE STATE FINANCE LAW, ANY STATE
AUTHORITY AS SUCH TERM IS DEFINED IN SECTION 2 OF THE PUBLIC AUTHORITIES
LAW, THE CITY UNIVERSITY OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK,
AND ANY AND ALL AFFILIATES OR SUBSIDIARIES OF SUCH ENTITIES.
S 3. Section 4 of part F of chapter 56 of the laws of 2011, constitut-
ing the infrastructure investment act, is amended to read as follows:
S 4. Notwithstanding the provisions of section 38 of the highway law,
section 136-a of the state finance law, [section] SECTIONS 359, 1678,
1680 AND 1680-A of the public authorities law, [section] SECTIONS 407-A,
6281 AND 7210 of the education law, SECTIONS 8 AND 9 OF THE PUBLIC
BUILDINGS LAW, SECTION 11 OF CHAPTER 795 OF THE LAWS OF 1967, SECTIONS 8
AND 9 OF SECTION 1 OF CHAPTER 359 OF THE LAWS OF 1968 AS AMENDED,
SECTION 29 OF CHAPTER 337 OF THE LAWS OF 1972, SECTION 21 OF CHAPTER 464
OF THE LAWS OF 1972, and the provisions of any other law to the contra-
ry, and in conformity with the requirements of this act, an authorized
state entity may utilize the alternative delivery method referred to as
design-build contracts for capital projects related to the state's phys-
ical infrastructure, including, but not limited to, the state's high-
ways, bridges, BUILDINGS, dams, flood control projects, canals, and
parks, including, but not limited to, to repair damage caused by natural
disaster, to correct health and safety defects, to comply with federal
and state laws, standards, and regulations, to extend the useful life of
or replace the state's highways, bridges, BUILDINGS, dams, flood control
projects, canals, and parks or to improve or add to the state's high-
ways, bridges, BUILDINGS, dams, flood control projects, canals, and
parks; provided that for the contracts executed by [the department of
transportation, the office of parks, recreation and historic preserva-
tion, or the department of environmental conservation] ANY AUTHORIZED
STATE AGENCY, the total cost of each such project shall not be less than
[one million two hundred thousand dollars ($1,200,000)] FIVE MILLION
DOLLARS ($5,000,000).
S 4. Section 8 of part F of chapter 56 of the laws of 2011, constitut-
ing the infrastructure investment act, is amended to read as follows:
S. 2008--A 5 A. 3008--A
S 8. If otherwise applicable, capital projects undertaken by the
authorized state entity pursuant to this act shall be subject to section
135 of the state finance law and section 222 of the labor law; PROVIDED,
HOWEVER, THAT AN AUTHORIZED STATE ENTITY THAT REQUIRES THE CONTRACTOR TO
PREPARE SEPARATE SPECIFICATIONS IN ACCORDANCE WITH SECTION 135 OF THE
STATE FINANCE LAW SHALL BE DEEMED TO BE IN COMPLIANCE WITH PROVISIONS OF
SUCH LAW. FOR ALL CAPITAL PROJECTS USING A DESIGN-BUILD CONTRACT THAT
ARE ESTIMATED TO COST IN EXCESS OF $50 MILLION, A PROJECT LABOR AGREE-
MENT, AS DEFINED IN SECTION 222 OF THE LABOR LAW, SHALL BE INCLUDED IN
THE REQUEST FOR PROPOSALS FOR THE CAPITAL PROJECT UNLESS, BASED UPON A
FEASIBILITY STUDY EXAMINING THE POTENTIAL COST SAVING AND EFFICIENCIES
OF A PROJECT LABOR AGREEMENT, THE AUTHORIZED STATE ENTITY CANNOT DETER-
MINE THAT A PROJECT LABOR AGREEMENT WOULD RESULT IN LABOR COST SAVINGS
OF AT LEAST FIVE PERCENT AND THAT ITS INTEREST IN OBTAINING THE BEST
WORK AT THE LOWEST POSSIBLE PRICE, PREVENTING FAVORITISM, FRAUD AND
CORRUPTION, AND OTHER CONSIDERATIONS SUCH AS THE IMPACT OF DELAY, THE
POSSIBILITY OF COST SAVINGS ADVANTAGES, AND ANY HISTORY OF LABOR UNREST,
ARE BEST MET BY REQUIRING A PROJECT LABOR AGREEMENT.
S 5. Section 17 of part F of chapter 56 of the laws of 2011, consti-
tuting the infrastructure investment act, is amended to read as follows:
S 17. ANY CONTRACT AWARDED PURSUANT TO THIS ACT SHALL BE DEEMED TO BE
AWARDED PURSUANT TO A COMPETITIVE PROCUREMENT FOR PURPOSES OF PUBLIC
AUTHORITIES LAW SECTION 2879-A.
S 18. This act shall take effect immediately [and shall expire and be
deemed repealed 3 years after such date, provided that, projects with
requests for qualifications issued prior to such repeal shall be permit-
ted to continue under this act notwithstanding such repeal].
S 6. Notwithstanding the provisions of article 5 of the general
construction law, the provisions of part F of chapter 56 of the laws of
2011, as amended by sections one, two, three, four and five of this act,
are hereby revived and shall continue in full force and effect as such
provisions existed on December 8, 2014.
S 7. This act shall take effect immediately.
PART C
Section 1. Section 144 of the transportation law is REPEALED and a new
section 144 is added to read as follows:
S 144. FEES AND CHARGES. THE COMMISSIONER OR THE COMMISSIONER'S DESIG-
NEE SHALL CHARGE AND COLLECT THE FOLLOWING FEES:
1. ONE HUNDRED DOLLARS FOR THE INSPECTION OR RE-INSPECTION OF ALL
MOTOR VEHICLES TRANSPORTING PASSENGERS SUBJECT TO THE DEPARTMENT'S
INSPECTION REQUIREMENTS PURSUANT TO SECTION ONE HUNDRED FORTY OF THIS
ARTICLE AND THE COMMISSIONER'S REGULATIONS, EXCEPT SUCH MOTOR VEHICLES
OPERATED UNDER CONTRACT WITH A MUNICIPALITY TO PROVIDE STATEWIDE MASS
TRANSPORTATION OPERATING ASSISTANCE ELIGIBLE SERVICE OR MOTOR VEHICLES
USED PRIMARILY TO TRANSPORT PASSENGERS PURSUANT TO SUBPARAGRAPHS (I),
(III) AND (V) OF PARAGRAPH A OF SUBDIVISION TWO OF SECTION ONE HUNDRED
FORTY OF THIS ARTICLE. THE DEPARTMENT MAY DENY FUTURE INSPECTION OF ANY
MOTOR VEHICLE TRANSPORTING PASSENGERS SUBJECT TO THE DEPARTMENT'S
INSPECTION REQUIREMENTS AS WELL AS ISSUANCE OF A CERTIFICATE OF
INSPECTION, IF SUCH FEE IS NOT PAID WITHIN NINETY DAYS OF RECEIPT OF AN
INVOICE.
2. ALL FEES CHARGED AND COLLECTED BY THE COMMISSIONER UNDER SUBDIVI-
SION ONE OF THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE
S. 2008--A 6 A. 3008--A
DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW.
S 2. Subdivision 1 of section 153 of the transportation law is
REPEALED and subdivisions 2, 3, 4, 5, 6, 7, 8 and 9 are renumbered
subdivisions 1, 2, 3, 4, 5, 6, 7 and 8.
S 2-a. Subdivisions 1, 6 and 7 of section 153 of the transportation
law, as added by chapter 635 of the laws of 1983 and as renumbered by
section two of this act, are amended to read as follows:
1. A temporary certificate of public convenience and necessity to
operate as a common carrier of passengers may be issued by the commis-
sioner after public notice and with or without hearing, except as
provided in [paragraphs six and eight] SUBDIVISIONS FIVE AND SEVEN of
this section, to an applicant upon a finding that the applicant is fit,
willing and able to perform a service for which there is an immediate or
urgent need. Such a temporary certificate of public convenience and
necessity may also be issued on the commissioner's own motion for the
purpose of experiment or demonstration when the commissioner is of the
opinion that such action is required by the public interest.
6. Notwithstanding any other provision of law, on any application for
temporary authority to operate a bus line originating or terminating in
any city, the commissioner shall, in addition to the requirements speci-
fied in subdivision [two] ONE of this section, also consider and evalu-
ate the application and any objections to the application in accordance
with the following criteria:
(a) The adequacy of the existing mass transit and mass transportation
facilities to meet the transportation needs of any particular segment of
the general public for the proposed service; and
(b) The impact that the proposed operation may have on any existing
mass transit or mass transportation facilities.
7. If any application to operate a van service originating or termi-
nating within a city is protested by the governing body of such city, a
bus line operating in said city or a public transportation authority
created pursuant to titles nine, eleven, eleven-A, eleven-B, eleven-C
and eleven-D of article five of the public authorities law whose terri-
tory or district includes said city, and a hearing is requested, such
hearing shall be held. Based on the evidence submitted at such hearing
the commissioner shall, in addition to the requirements specified in
subdivision [two] ONE hereof, consider and evaluate the application and
the objections to the application in accordance with the following
criteria:
(a) The adequacy of the existing mass transit and mass transportation
facilities to meet the transportation needs of any particular segment of
the general public for the proposed service; and
(b) The impact that the proposed operation may have on any existing
mass transit or mass transportation facilities.
S 3. Subdivisions 1 and 6 of section 154 of the transportation law, as
added by chapter 635 of the laws of 1983, are amended to read as
follows:
1. The commissioner may issue a permanent certificate of public
convenience and necessity to operate as a common carrier of passengers
to an applicant with or without hearing, except as provided in subdivi-
sions two and seven of this section, but upon notice to all interested
parties. If any application for authority to operate a bus line through
a county, city, village or town or in or through a territory or district
served by a bus line or a public transportation authority created pursu-
ant to titles nine, eleven, eleven-A, eleven-B, eleven-C and eleven-D of
S. 2008--A 7 A. 3008--A
article five of the public authorities law is protested by any such
municipality, bus line, or public transportation authority, and hearing
on such application is requested then no permanent authority shall be
granted prior to a hearing held on such application. The commissioner
shall consider any reasonable conditions required of the applicant by
such municipality regarding routing and franchise requirements and, in
cities having a population of over one million persons the commissioner
shall adopt the intracity routing requirements to the proposed destina-
tion point or points that are established by any such city, provided
that such city furnishes the routing requirements to the commissioner
within sixty days of the filing of the application with the department.
In addition the commissioner shall adopt insurance requirements provided
for by any such city. Except for the routing and insurance requirements
in cities having a population of over one million persons, the commis-
sioner shall impose requirements on the applicant deemed to be reason-
able and in the public interest as a condition to any authority granted.
[Applications for a permanent certificate shall be accompanied by a
filing fee as prescribed in section one hundred forty-four of this chap-
ter.] The application for a permanent certificate shall be granted if
the commissioner finds that:
(a) the applicant is fit, willing and able to provide the transporta-
tion to be authorized by the certificate and to comply with this chapter
and the regulations of the commissioner; and
(b) the service proposed will be required by the present or future
public convenience and necessity.
6. Any person holding a permanent certificate to provide bus line
service shall not discontinue service on any route unless an application
is made to the commissioner and the commissioner approves such applica-
tion upon a finding that the public convenience and necessity no longer
requires such bus line service. [Applications for discontinuance shall
be accompanied by a filing fee as prescribed in section one hundred
forty-four of this chapter.]
S 4. Subdivision 1 of section 155 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A permanent permit to operate as a contract carrier of passengers
may be issued by the commissioner to an applicant with or without a
hearing, but upon notice to all interested parties, authorizing such
applicant to provide transportation as a contract carrier of passengers.
[Applications for a permanent permit shall be accompanied by a filing
fee as prescribed in section one hundred forty-four of this chapter.]
The application for a permanent permit shall be granted if the commis-
sioner finds that:
(a) the applicant is fit, willing and able to provide the transporta-
tion to be authorized by the permit and to comply with this chapter and
the regulations of the commissioner; and
(b) the proposed service is or will be consistent with the public
interest and the policy declared in section one hundred thirty-seven of
this chapter.
S 5. Subdivision 3 of section 156 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
3. Certificates or permits shall not be assigned or transferred, in
any manner, nor shall the right to operate under any certificate or
permit be leased without prior approval of the commissioner upon such
notice as the commissioner shall deem appropriate. The assignment,
transfer or lease of certificates or permits or the right to operate
under any certificate or permit, shall not be approved unless the
S. 2008--A 8 A. 3008--A
commissioner shall find that it is in the public interest to do so. All
applications for transfer or lease must be in such form as prescribed by
the commissioner [and be accompanied by a filing fee as prescribed in
section one hundred forty-four of this chapter].
S 6. Subdivision 1 of section 173 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A temporary certificate or permit to operate as a common or
contract carrier of property may be issued by the commissioner to a
qualified applicant with or without a hearing for the purpose of provid-
ing a service for which there is an immediate or urgent need from or to
a point or points or within a territory. Applications for temporary
authority shall contain such information as the commissioner by regu-
lation may prescribe [and shall be accompanied by a filing fee as
prescribed in section one hundred forty-four of this chapter].
S 7. Subdivision 1 of section 174 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A permanent certificate to operate as a common carrier of property
may be issued by the commissioner to a qualified applicant with or with-
out hearing, but upon notice to all interested parties, authorizing such
applicant to provide transportation as a common carrier of property.
Applications for a permanent certificate shall contain such information
as the commissioner by regulation may prescribe [and shall be accompa-
nied by a filing fee as prescribed in section one hundred forty-four of
this chapter]. The application for a permanent certificate shall be
granted if the commissioner finds that:
(a) the applicant is fit, willing and able to provide the transporta-
tion to be authorized by the certificate and to comply with this chapter
and the regulations of the commissioner; and
(b) that the service proposed will be required by the present or
future public convenience and necessity.
S 8. Subdivision 1 of section 175 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A permanent permit to operate as a contract carrier of property may
be issued by the commissioner to an applicant with or without hearing,
but upon notice to all interested parties authorizing such applicant to
provide transportation as a contract carrier of property. [Applications
for a permanent permit shall be accompanied by a filing fee as
prescribed in section one hundred forty-four of this chapter.] The
application for a permanent permit shall be granted if the commissioner
finds that:
(a) the applicant is fit, willing and able to provide the transporta-
tion to be authorized and to comply with this chapter and the regu-
lations of the commissioner; and
(b) the proposed service to the extent authorized will be consistent
with the public interest and the policy declared in section one hundred
thirty-seven of this chapter.
S 9. Subdivision 3 of section 177 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
3. Certificates or permits shall not be assigned, transferred or
leased in any manner nor shall the right to operate under any certif-
icate or permit be leased without prior approval of the commissioner,
upon such notice as the commissioner shall deem appropriate. The assign-
ment, transfer or lease of a certificate, or the right to operate under
any certificate, shall not be approved unless the commissioner shall
find that it is in the public interest to do so. All applications for
assignment, transfer or lease must be in such form as prescribed by the
S. 2008--A 9 A. 3008--A
commissioner [and shall be accompanied by a filing fee as prescribed in
section one hundred forty-four of this chapter].
S 10. Subdivision 1 of section 192 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A probationary certificate to operate as a common carrier of house-
hold goods by motor vehicle may be issued by the commissioner to a qual-
ified applicant after public notice and with or without hearing. The
application shall contain such information as the commissioner by regu-
lation shall prescribe [and the application shall be accompanied by a
filing fee as prescribed in section one hundred forty-four of this chap-
ter]. A probationary certificate shall:
(a) create no presumption that a corresponding permanent certificate
will be granted;
(b) confer no proprietary or property rights in the use of the high-
ways;
(c) be granted for a period not to exceed one year, which may be
renewed for an additional one year period by the commissioner; and
(d) be subject to any conditions deemed appropriate by the commission-
er to be in the public interest.
S 11. Subdivision 6 of section 193 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
6. Permanent certificates issued pursuant to subdivision one of this
section shall have no application fee. [Applications for permanent
certificates issued pursuant to subdivision four of this section shall
be accompanied by a filing fee as prescribed in section one hundred
forty-four of this chapter.]
S 12. Subdivision 3 of section 195 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
3. Permanent certificates shall not be assigned, transferred or leased
in any manner nor shall the right to operate under any such certificate
be leased without prior approval of the commissioner upon such notice as
the commissioner shall deem appropriate. The assignment, transfer or
lease of a permanent certificate, shall not be approved unless the
commissioner shall find that it is in the public interest to do so. All
applications for transfer or lease must be in such form as prescribed by
the commissioner [and shall be accompanied by a filing fee as prescribed
in section one hundred forty-four of this chapter].
S 13. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART D
Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
relating to providing for mass transportation payments, as amended by
section 1 of part L of chapter 59 of the laws of 2006, is amended to
read as follows:
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, payment of mass transportation operating assistance pursuant
to section 18-b of the transportation law shall be subject to the
provisions contained herein and the amounts made available therefor by
appropriation.
In establishing service and usage formulas for distribution of mass
transportation operating assistance, the commissioner of transportation
may combine and/or take into consideration those formulas used to
distribute mass transportation operating assistance payments authorized
S. 2008--A 10 A. 3008--A
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
To improve the predictability in the level of funding for those
systems receiving operating assistance payments under service and usage
formulas, the commissioner of transportation is authorized with the
approval of the director of the budget, to provide service payments
based on service and usage statistics of the preceding year.
In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching payments required to be made by a county to any such authority
shall be as follows:
Percentage of matching payment required to be provided:
Percentage
of Matching
Local Jurisdiction Payment
--------------------------------------------
In the Metropolitan Commuter
Transportation District:
New York City ................ 6.40
Dutchess ..................... 1.30
Nassau ....................... 39.60
Orange ....................... 0.50
Putnam ....................... 1.30
Rockland ..................... 0.10
Suffolk ...................... 25.70
Westchester .................. 25.10
In the Capital District Trans-
portation District:
Albany ....................... 56.10
Rensselaer ................... 23.30
Saratoga ..................... 4.10
Schenectady .................. 16.50
In the Central New York Re-
gional Transportation Dis-
trict:
Cayuga ....................... 5.11
Onondaga ..................... 75.83
Oswego ....................... 2.85
Oneida ....................... 16.21
In the Rochester-Genesee Re-
gional Transportation Dis-
trict:
Genesee ...................... [1.43] 1.36
Livingston ................... [0.94] .90
Monroe ....................... [94.58] 90.14
Wayne ........................ [1.03] .98
Wyoming ...................... [0.54] .51
Seneca ....................... [0.67] .64
Orleans ...................... [0.81] .77
ONTARIO ...................... 4.69
In the Niagara Frontier Trans-
portation District: Erie ......................... 89.20
Niagara ...................... 10.80
S. 2008--A 11 A. 3008--A
Notwithstanding any other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to other
public transportation systems in payment of state operating assistance
or such lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
Notwithstanding the reporting date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving mass trans-
portation operating assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and where payment
is not made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other basis as may be
agreed upon by the commissioner of transportation, the director of the
budget, and the chief executive officer of such city, county, Indian
tribe or intercity bus company.
The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has iden-
tified a problem related to system performance, the commissioner may
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the evaluation
process.
Payments shall be made contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget, which shall
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The chief executive
officer of each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition to informa-
tion required by section 18-b of the transportation law, such other
information as the commissioner of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
Counties, municipalities or Indian tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
the service payment formula shall be required to describe the proposed
method of distributing governmental operating aid and submit it one
month prior to the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
S. 2008--A 12 A. 3008--A
distribution of state aid. The commissioner of transportation shall only
approve alternate distribution methods which are consistent with the
transportation needs of the people to be served and ensure that the
system of private operators does not exceed established maximum service
payment limits. Copies of such approvals shall be submitted to the
chairpersons of the senate finance and assembly ways and means commit-
tees.
Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized to
continue to use prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of 1981. In
the event that actual revenue passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used as the basis of payment upon
approval by the commissioner of transportation. In such event, the
succeeding payment shall be adjusted to reflect the difference between
the actual and estimated total number of revenue passengers and vehicle,
nautical or car miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise specified by such commissioner. In the event that a public
transportation system ceases to participate in the program, operating
assistance due for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
Payments shall be contingent on compliance with audit requirements
determined by the commissioner of transportation.
In the event that an audit of a public transportation system or
private operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an over-
payment results from an audit of revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
ators in cases where more than a reasonable return based on equity or
operating revenues and expenses has resulted, the commissioner of trans-
portation, in addition to recovering the amount of state operating
assistance overpaid, shall also recover interest, as defined by the
department of taxation and finance, on the amount of the overpayment.
Notwithstanding any other law, rule or regulation to the contrary,
whenever the commissioner of transportation is notified by the comp-
troller that the amount of revenues available for payment from an
account is less than the total amount of money for which the public mass
transportation systems are eligible pursuant to the provisions of
section 88-a of the state finance law and any appropriations enacted for
these purposes, the commissioner of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law, payments
may be made in quarterly installments or in such other manner and at
such other times as the commissioner of transportation, with the
approval of the director of the budget may prescribe.
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, 2015.
S. 2008--A 13 A. 3008--A
PART E
Section 1. The state finance law is amended by adding a new section
99-w to read as follows:
S 99-W. TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL CAPITAL FUND TO BE KNOWN
AS THE "TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND."
2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT
ACCOUNT WITHIN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND:
METROPOLITAN TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS ACCOUNT
3. THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS 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 TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE RETAINED IN AND BECOME A PART OF SUCH FUND.
4. MONEYS IN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND
SHALL, FOLLOWING APPROPRIATION BY THE LEGISLATURE, BE UTILIZED FOR CAPI-
TAL PURPOSES, INCLUDING, BUT NOT LIMITED TO THE PLANNING AND DESIGN,
ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REPLACEMENT, IMPROVEMENT,
RECONDITIONING, REHABILITATION AND PRESERVATION OF MASS TRANSIT FACILI-
TIES, VEHICLES, RELATED EQUIPMENT AND ROLLING STOCK WITH AN AVERAGE
SERVICE LIFE OF NO LESS THAN FIVE YEARS.
5. MONEYS DEPOSITED INTO THE METROPOLITAN TRANSIT ASSISTANCE FOR CAPI-
TAL INVESTMENTS ACCOUNT SHALL BE AVAILABLE TO THE METROPOLITAN TRANSPOR-
TATION AUTHORITY (MTA) AND TO ALL OTHER PUBLIC TRANSPORTATION SYSTEMS
SERVING PRIMARILY WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION
DISTRICT, AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC
AUTHORITIES LAW, ELIGIBLE TO RECEIVE OPERATING ASSISTANCE UNDER THE
PROVISIONS OF SECTION EIGHTEEN-B OF THE TRANSPORTATION LAW CONSISTENT
WITH THE USES OUTLINED IN SUBDIVISION FOUR OF THIS SECTION.
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO CAPITAL ASSISTANCE
PAYMENT AUTHORIZED UNDER THIS SECTION MAY BE APPLIED TO OPERATING
EXPENSES.
7. ALL PAYMENTS OF MONEY FROM THE TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE MADE IN ACCORDANCE WITH A FORMULA TO BE ESTAB-
LISHED BY THE COMMISSIONER OF TRANSPORTATION WITH THE APPROVAL OF THE
DIRECTOR OF THE BUDGET.
8. ALL PAYMENTS OF MONEYS FROM THE TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE MADE ON THE AUDIT AND WARRANT OF THE COMP-
TROLLER.
S 2. This act shall take effect immediately.
PART F
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, the commissioner of transportation may approve the deferral of
any required reductions in service payments to unspecified public trans-
portation systems, pursuant to the hold-harmless provision of the State-
wide Mass Transportation Operating Assistance (STOA) program provided in
17 N.Y.C.R.R. 975.18, on an annual basis for a period of no more than
two years.
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, 2014.
PART G
S. 2008--A 14 A. 3008--A
Section 1. Section 351 of the public authorities law is amended by
adding a new subdivision 14 to read as follows:
14. THE TERM "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TRANSPORTATION.
S 2. The public authorities law is amended by adding two new sections
357-b and 357-c to read as follows:
S 357-B. SHARING EMPLOYEES, SERVICES AND RESOURCES. A SHARED SERVICES
AGREEMENT MAY BE EXECUTED BETWEEN THE AUTHORITY AND THE DEPARTMENT TO
SHARE EMPLOYEES, SERVICES OR RESOURCES AS DEEMED APPROPRIATE INCLUDING,
BUT NOT LIMITED TO, FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE
DEPARTMENT ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE
AUTHORITY, AND FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE AUTHOR-
ITY ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE DEPART-
MENT. SUCH AGREEMENT OR ANY PROJECT UNDERTAKEN PURSUANT TO SUCH AGREE-
MENT SHALL NOT BE DEEMED TO IMPAIR THE RIGHTS OF BONDHOLDERS AND MAY
PROVIDE FOR, BUT NOT BE LIMITED TO, THE MANAGEMENT, SUPERVISION AND
DIRECTION OF SUCH EMPLOYEES' PERFORMANCE OF SUCH SERVICES.
S 357-C. INDEMNIFICATION AND DEFENSE UNDER SHARED SERVICES AGREEMENT.
1. THE AUTHORITY SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF
THE DEPARTMENT, USING THE FORCES OF THE DEPARTMENT OF LAW PURSUANT TO
SECTION THREE HUNDRED SIXTY-TWO OF THIS TITLE IN ANY ACTION, PROCEEDING,
CLAIM, DEMAND OR THE PROSECUTION OF ANY APPEAL ARISING FROM OR OCCA-
SIONED BY THE ACTS OR OMISSIONS TO ACT IN THE PERFORMANCE OF THE FUNC-
TIONS OF THE AUTHORITY PURSUANT TO A SHARED SERVICES AGREEMENT.
2. DEFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE CONDI-
TIONED UPON THE FULL COOPERATION OF THE DEPARTMENT.
3. THE AUTHORITY SHALL INDEMNIFY AND HOLD HARMLESS ANY UNIT, ENTITY,
OFFICER OR EMPLOYEE OF THE DEPARTMENT IN THE AMOUNT OF ANY JUDGMENT
OBTAINED AGAINST THE DEPARTMENT OR IN THE AMOUNT OF ANY SETTLEMENT THE
DEPARTMENT ENTERS INTO WITH THE CONSENT OF THE AUTHORITY FOR ANY AND ALL
CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
OMISSIONS TO ACT OF THE AUTHORITY OR ITS SUBSIDIARIES PURSUANT TO A
SHARED SERVICES AGREEMENT; PROVIDED, HOWEVER, THAT THE ACT OR OMISSION
FROM WHICH SUCH JUDGMENT OR SETTLEMENT AROSE OCCURRED WHILE THE AUTHORI-
TY OR ITS SUBSIDIARIES WAS ACTING WITHIN THE SCOPE OF ITS FUNCTIONS
PURSUANT TO A SHARED SERVICES AGREEMENT. NO SUCH SETTLEMENT OF ANY SUCH
ACTION, PROCEEDING, CLAIM OR DEMAND SHALL BE MADE WITHOUT THE APPROVAL
OF THE BOARD OR ITS DESIGNEE.
4. ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFICER
OR EMPLOYEE OF THE AUTHORITY THAT ARISES PURSUANT TO ANY SHARED SERVICES
AGREEMENT SHALL NOT BE CONSTRUED IN ANY WAY TO IMPAIR, ALTER, LIMIT,
MODIFY, ABROGATE OR RESTRICT ANY IMMUNITY AVAILABLE TO OR CONFERRED UPON
ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF THE AUTHORITY, OR TO IMPAIR,
ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT ANY RIGHT TO DEFENSE AND
INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
AL STATUTORY OR COMMON LAW.
5. THIS SECTION SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF ANY
CLAIMANT TO GIVE NOTICE TO THE STATE AND THE AUTHORITY UNDER SECTION TEN
AND SECTION ELEVEN OF THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF
LAW.
6. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO IMPAIR,
ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER UNDER
ANY INSURANCE AGREEMENT.
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN EMPLOYED PURSUANT
TO A SHARED SERVICES AGREEMENT, EMPLOYEES OF THE AUTHORITY, AND ITS
S. 2008--A 15 A. 3008--A
SUBSIDIARIES AND THE DEPARTMENT SHALL BE DEEMED EMPLOYEES OF ALL SUCH
ENTITIES AND THE STATE FOR PURPOSES OF THE WORKERS' COMPENSATION LAW.
S 3. Section 10-a of the highway law is amended by adding a new subdi-
vision 13 to read as follows:
13. (A) THE STATE SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR EMPLOYEE
OF THE NEW YORK STATE THRUWAY AUTHORITY USING THE FORCES OF THE DEPART-
MENT OF LAW IN ANY ACTION, PROCEEDING, CLAIM, DEMAND OR THE PROSECUTION
OF ANY APPEAL ARISING FROM OR OCCASIONED BY THE ACTS OR OMISSIONS TO ACT
IN THE PERFORMANCE OF THE FUNCTIONS OF THE DEPARTMENT PURSUANT TO A
SHARED SERVICES AGREEMENT.
(B) DEFENSE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
CONDITIONED UPON THE FULL COOPERATION OF THE NEW YORK STATE THRUWAY
AUTHORITY.
(C) THE STATE SHALL INDEMNIFY AND HOLD HARMLESS ANY UNIT, ENTITY,
OFFICER OR EMPLOYEE OF THE NEW YORK STATE THRUWAY AUTHORITY IN THE
AMOUNT OF ANY JUDGMENT OBTAINED AGAINST THE NEW YORK STATE THRUWAY
AUTHORITY OR IN THE AMOUNT OF ANY SETTLEMENT THE NEW YORK STATE THRUWAY
AUTHORITY ENTERS INTO WITH THE CONSENT OF THE STATE FOR ANY AND ALL
CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
OMISSIONS TO ACT OF THE DEPARTMENT PURSUANT TO A SHARED SERVICES AGREE-
MENT, PROVIDED, HOWEVER, THAT THE ACT OR OMISSION FROM WHICH SUCH JUDG-
MENT OR SETTLEMENT AROSE OCCURRED WHILE THE DEPARTMENT WAS ACTING WITHIN
THE SCOPE OF ITS FUNCTIONS PURSUANT TO A SHARED SERVICES AGREEMENT. ANY
SUCH SETTLEMENT SHALL BE EXECUTED PURSUANT TO SECTION TWENTY-A OF THE
COURT OF CLAIMS ACT.
(D) ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFI-
CER OR EMPLOYEE OF THE DEPARTMENT PURSUANT TO ANY SHARED SERVICES AGREE-
MENT SHALL NOT BE CONSTRUED IN ANY WAY TO IMPAIR, ALTER, LIMIT, MODIFY,
ABROGATE OR RESTRICT ANY IMMUNITY AVAILABLE TO OR CONFERRED UPON ANY
UNIT, ENTITY, OFFICER OR EMPLOYEE OF THE DEPARTMENT, OR TO IMPAIR,
ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT ANY RIGHT TO DEFENSE AND
INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
AL STATUTORY OR COMMON LAW.
(E) THIS SUBDIVISION SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF ANY
CLAIMANT TO GIVE NOTICE TO THE STATE UNDER SECTIONS TEN AND ELEVEN OF
THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF LAW.
(F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO
IMPAIR, ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER
UNDER ANY INSURANCE AGREEMENT.
(G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EMPLOYEES OF THE THRU-
WAY AUTHORITY, ITS SUBSIDIARIES AND THE DEPARTMENT SHALL BE DEEMED
EMPLOYEES OF ALL SUCH ENTITIES AND THE STATE FOR PURPOSES OF THE WORK-
ERS' COMPENSATION LAW.
(H) ANY PAYMENT MADE PURSUANT TO THIS SUBDIVISION OR ANY MONIES PAID
FOR A CLAIM AGAINST OR SETTLEMENT WITH THE DEPARTMENT OR THE NEW YORK
STATE THRUWAY AUTHORITY PURSUANT TO THIS SECTION AND PURSUANT TO A
SHARED SERVICES AGREEMENT SHALL BE PAID FROM APPROPRIATIONS FOR PAYMENT
BY THE STATE PURSUANT TO THE COURT OF CLAIMS ACT.
S 4. Subdivision 1 of section 17 of the public officers law is amended
by adding a new paragraph (y) to read as follows:
(Y) FOR PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE
MEMBERS OF THE BOARD, OFFICERS AND EMPLOYEES OF THE NEW YORK STATE THRU-
WAY AUTHORITY OR ITS SUBSIDIARIES.
S. 2008--A 16 A. 3008--A
S 5. This act, being necessary for the prosperity of the state and its
inhabitants, shall be liberally construed to effect the purposes and
secure the beneficial intents hereof.
S 6. If any provision of any section of this act or the application
thereof to any person or circumstance shall be adjudged invalid by a
court of competent jurisdiction, such order or judgment shall be
confined in its operation to the controversy in which it was rendered,
and shall not affect or invalidate the remainder of any provision of any
section of this act or the application thereof to any other person or
circumstance and to this end the provisions of each section of this act
are hereby declared to be severable.
S 7. This act shall take effect immediately.
PART H
Section 1. Subdivision 15 of section 385 of the vehicle and traffic
law is amended by adding a new paragraph (l) to read as follows:
(L) WHEN AN ANNUAL PERMIT IS ISSUED, PURSUANT TO THIS SUBDIVISION, FOR
THE OPERATION OF A VEHICLE WITH A MAXIMUM GROSS WEIGHT IN EXCESS OF
EIGHTY THOUSAND POUNDS, SUCH PERMIT SHALL SERVE AS PROOF OF THE MAXIMUM
GROSS WEIGHT ALLOWED FOR SUCH VEHICLE NOTWITHSTANDING THE MAXIMUM GROSS
WEIGHT FOR SUCH VEHICLE AS STATED ON THE APPLICATION FOR REGISTRATION
PROVIDED THAT THE OPERATION OF SUCH VEHICLE IS IN COMPLIANCE WITH THE
TERMS OF THE ANNUAL PERMIT ISSUED AND ANY REQUIREMENTS OR CONDITIONS
APPLICABLE THERETO.
S 2. Paragraph (b) of schedule F of subdivision 7 of section 401 of
the vehicle and traffic law, as amended by chapter 55 of the laws of
1992, is amended to read as follows:
(b) As used in this schedule, the term "snow plow" shall not include
farm type tractors used exclusively for agricultural purposes, or for
snow plowing other than for hire, as defined in section one hundred
twenty-five of this chapter, when used for plowing or removing snow,
provided such plowing or snow removal is not done for hire.
No person shall operate or move, or cause or knowingly permit to be
operated or moved on any public highway in this state any auto truck,
agricultural truck or light delivery car, registered in this state,
having a combined weight of vehicle and load in excess of the maximum
gross weight for such vehicle as stated on the application for registra-
tion. Such maximum gross weight [cannot] SHALL NOT be more than the
weight permitted under section three hundred eighty-five of this chapter
or the weight permitted by the rules or regulations of the department of
transportation of any city not wholly included within one county or
under permits that may be issued pursuant to such section, rules or
regulations whichever is the least restrictive.
S 3. Paragraph b of subdivision 9 of section 401 of the vehicle and
traffic law, as amended by chapter 847 of the laws of 1968, is amended
to read as follows:
b. Where a vehicle registered under the provisions of subdivisions
seven or eight of this section on the basis of maximum gross weight
requires a corrected registration because of a load in excess of the
maximum load as certified in the application for registration, or the
registrant desires to register the vehicle at a lower gross maximum
weight, an application shall be made for correct registration; PROVIDED,
HOWEVER, THAT WHEN AN ANNUAL PERMIT IS ISSUED PURSUANT TO SUBDIVISION
FIFTEEN OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER FOR THE
OPERATION OF A VEHICLE WITH A MAXIMUM GROSS WEIGHT IN EXCESS OF EIGHTY
S. 2008--A 17 A. 3008--A
THOUSAND POUNDS, A CORRECTED REGISTRATION SHALL NOT BE REQUIRED PURSUANT
TO THIS PARAGRAPH. Upon the surrendering of the certificate of registra-
tion and the payment of a fee of two dollars together with the balance
of the annual fee for the correct registration over the fee as previous-
ly registered, such corrected registration may be issued. No return of
any part of the fee paid for the previous registration shall be made in
case of a reduction of maximum gross weight certified in the application
for a corrected registration.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART I
Section 1. Item 1 of clause (A) of subparagraph (ii) of paragraph (i)
of subdivision 1 of section 201 of the vehicle and traffic law, as
amended by section 1 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
(1) fifty-five years where the conviction and suspension or revocation
order relates to a conviction, suspension or revocation by the holder of
any driver's license when operating a commercial motor vehicle, as
defined in subdivision four of section five hundred one-a of this chap-
ter, or by the holder of a commercial driver's license OR COMMERCIAL
LEARNER'S PERMIT when operating any motor vehicle, who: has refused to
submit to a chemical test pursuant to section eleven hundred ninety-four
of this chapter or has been convicted of any of the following offenses:
any violation of subdivision ONE, two, TWO-A, three [or], four OR FOUR-A
of section eleven hundred ninety-two of this chapter, any violation of
subdivision one or two of section six hundred of this chapter, any felo-
ny involving the use of a motor vehicle, other than the use of a motor
vehicle in the commission of a felony involving manufacturing, distrib-
uting, dispensing a controlled substance; or the conviction, suspension
or revocation involves any of the following offenses while operating a
commercial motor vehicle: any violation of subdivision five or six of
section eleven hundred ninety-two of this chapter, driving a commercial
motor vehicle when as a result of prior violations committed while oper-
ating a commercial motor vehicle, the driver's commercial driver's
license OR COMMERCIAL LEARNER'S PERMIT is suspended or revoked, or has
been convicted of causing a fatality through the negligent operation of
a commercial motor vehicle, including but not limited to the crimes of
vehicular manslaughter and criminally negligent homicide as set forth in
article one hundred twenty-five of the penal law;
S 2. Subdivision 6 of section 501-a of the vehicle and traffic law, as
added by chapter 173 of the laws of 1990, is amended to read as follows:
6. Tank vehicle. Any commercial motor vehicle designed to transport
any liquid or gaseous material within [a]: (I) A tank that is either
permanently or temporarily attached to the vehicle or the chassis AND
HAS A RATED CAPACITY OF ONE THOUSAND GALLONS OR MORE; OR (II) MULTIPLE
TANKS EITHER PERMANENTLY OR TEMPORARILY ATTACHED OR SECURED, WHEN THE
AGGREGATE RATED CAPACITY OF THOSE TANKS IS ONE THOUSAND GALLONS OR MORE,
AS DETERMINED BY ADDING THE CAPACITY OF EACH INDIVIDUAL TANK WITH A
CAPACITY OF MORE THAN ONE HUNDRED NINETEEN GALLONS. [Such vehicles
include, but are not limited to, cargo and portable tanks, as defined in
49 CFR part 171. However, this definition does not include portable
tanks having a rated capacity under one thousand gallons.] PROVIDED,
HOWEVER, IF A COMMERCIAL MOTOR VEHICLE TRANSPORTS ONE OR MORE TANKS THAT
ARE MANIFESTED EITHER AS EMPTY OR AS RESIDUE AND THAT ARE ACTUALLY EMPTY
S. 2008--A 18 A. 3008--A
OR CONTAIN ONLY RESIDUE, THOSE TANKS SHALL NOT BE CONSIDERED IN DETER-
MINING WHETHER THE VEHICLE IS A TANK VEHICLE.
S 3. Paragraph (b) of subdivision 1 of section 503 of the vehicle and
traffic law, as amended by section 2 of part D of chapter 58 of the laws
of 2012, 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, A COMMERCIAL LEARNER'S PERMIT SHALL BE VALID FOR NO
MORE THAN ONE HUNDRED EIGHTY DAYS, EXCEPT THAT SUCH PERMIT MAY BE
RENEWED, IN THE COMMISSIONER'S DISCRETION, FOR AN ADDITIONAL ONE HUNDRED
EIGHTY DAYS. Provided, however, that a COMMERCIAL learner's permit
issued by the commissioner in connection with an application for a
commercial driver's license shall be cancelled within sixty days of the
holder's medical certification status becoming "not-certified" based
upon: (i) the expiration of the holder's medical certification or
medical variance documentation required by the federal motor carrier
safety improvement act of 1999 and Part 383.71(h) of title 49 of the
code of federal regulations; (ii) the holder's failure to submit such
medical certification or medical variance documentation at such inter-
vals as required by the federal motor carrier safety improvement act of
1999 and Part 383.71(h) of title 49 of the code of federal regulations
and in a manner prescribed by the commissioner; or (iii) the receipt by
the commissioner of information from the issuing medical examiner or the
federal motor carrier safety administration that a medical certification
or medical variance was issued in error or rescinded. The commissioner
shall, upon a holder's status becoming "not-certified", notify the hold-
er of such COMMERCIAL learner's permit issued in connection with a
commercial driver's license application by first class mail to the
address of such person on file with the department or at the current
address provided by the United States postal service of his or her
"not-certified" medical certification status and that the commercial
motor vehicle privileges of such COMMERCIAL learner's permit will be
cancelled unless he or she submits a current medical certificate and/or
medical variance in accordance with Part 383.71(h) of title 49 of the
code of federal regulations or changes his or her self-certification to
driving only in excepted [or intrastate] commerce in accordance with
Part 383.71(b)[(ii)(B), (C) or (D)](1) of title 49 of the code of feder-
al regulations.
S 4. Subdivision 6 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph o to read as follows:
O. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
WHERE REVOCATION IS MANDATORY PURSUANT TO SUBPARAGRAPH (III) OF PARA-
GRAPH A OF SUBDIVISION TWO OF THIS SECTION INVOLVING A VIOLATION OF
SECTION THREE HUNDRED NINETY-TWO OF THIS CHAPTER IN RELATION TO AN
APPLICATION FOR A COMMERCIAL DRIVER'S LICENSE OR A COMMERCIAL LEARNER'S
PERMIT, NO NEW COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL LEARNER'S
PERMIT SHALL BE ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER EXCEPT IN
THE DISCRETION OF THE COMMISSIONER.
S 5. Paragraph (b) of subdivision 3 of section 510-a of the vehicle
and traffic law, as amended by section 7 of part K of chapter 59 of the
laws of 2009, is amended, and two new subdivisions 9 and 10 are added to
read as follows:
(b) A commercial driver's license shall be suspended by the commis-
sioner for a period of one hundred twenty days where the holder is
S. 2008--A 19 A. 3008--A
convicted of three serious traffic violations as defined in subdivision
four of this section committed within a three year period, in separate
incidents whether such convictions occurred within or outside of this
state. [Such suspension shall take effect upon the termination of any
other suspension already in effect pursuant to paragraph (a) of this
subdivision or this paragraph.]
9. APPLICATION OF DISQUALIFICATIONS TO HOLDERS OF A COMMERCIAL
LEARNER'S PERMIT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY
PROVISION OF THIS CHAPTER RELATING TO THE REVOCATION, SUSPENSION, DOWN-
GRADING, DISQUALIFICATION OR CANCELLATION OF A COMMERCIAL DRIVER'S
LICENSE SHALL APPLY IN THE SAME MANNER TO A COMMERCIAL LEARNER'S PERMIT.
10. CONSECUTIVE DISQUALIFICATION PERIODS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, ANY SUSPENSION, REVOCATION OR DISQUALIFICATION APPLI-
CABLE TO THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL
LEARNER'S PERMIT THAT IS REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE
OF FEDERAL REGULATIONS AND BY THE PROVISIONS OF THIS CHAPTER SHALL TAKE
EFFECT UPON THE EXPIRATION OF THE MINIMUM PERIOD OF ANY OTHER SUSPEN-
SION, REVOCATION OR DISQUALIFICATION OF SUCH LICENSE OR PERMIT THAT IS
REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS
AND BY THE PROVISIONS OF THIS CHAPTER.
S 6. Paragraph (d) of subdivision 1 of section 514 of the vehicle and
traffic law, as added by section 7 of part CC of chapter 58 of the laws
of 2011, is amended to read as follows:
(d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of
this subdivision, upon a judgment of conviction for a violation of any
provisions of this chapter or of any local law, rule, ordinance or regu-
lation relating to traffic (except one related to parking, stopping or
standing), the court or the clerk thereof shall, within ninety-six hours
of the imposition of the sentence, file the certificate required by
paragraph (a) of this subdivision, if the person convicted: (i) is the
holder of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license
issued by another state; or (ii) does not hold a COMMERCIAL LEARNER'S
PERMIT OR A commercial driver's license, but has been issued a license
by another state and is convicted of a violation that was committed in a
commercial motor vehicle, as defined in subdivision four of section five
hundred one-a of this title.
S 7. Subdivisions 1 and 2 of section 514-a of the vehicle and traffic
law, as added by chapter 173 of the laws of 1990, are amended to read as
follows:
1. Each person who operates a commercial motor vehicle for a New York
state employer who is convicted of violating within or outside of this
state, in any type of motor vehicle, a state or local law relating to
motor vehicle traffic control (other than a parking violation), shall
notify his/her current employer of such conviction. [Any person who
holds a commercial driver's license issued by the commissioner who does
not operate a commercial motor vehicle for a New York state employer or
who operates a commercial motor vehicle while self-employed who is
convicted in any other state, the District of Columbia or a Canadian
province of violating any law relating to motor vehicle traffic control
(other than a parking violation) while operating a commercial motor
vehicle shall notify the commissioner of such conviction.] Such notifi-
cation must be made within thirty days after the date that the person
has been convicted except that if a person is a bus driver as defined in
section five hundred nine-a of this chapter, such notification must be
made within five days after the date the person has been convicted as
required by section five hundred nine-i of this chapter. The above
S. 2008--A 20 A. 3008--A
notification must be made in writing and contain the following informa-
tion: (a) driver's full name; (b) driver's license number; (c) date of
conviction; (d) the specific criminal or other offense(s), serious traf-
fic violation(s) of state or local law relating to motor vehicle traffic
control, for which the person was convicted and any suspension, revoca-
tion, cancellation of any driving privileges or disqualification from
operating a commercial motor vehicle which resulted from such
conviction(s); (e) indication whether the violation was in a commercial
motor vehicle; (f) location of offense; (g) court or tribunal in which
the conviction occurred; and (h) driver's signature.
2. Each person who operates a commercial motor vehicle for a New York
state employer who has a COMMERCIAL LEARNER'S PERMIT OR A driver's
license suspended, revoked, or canceled by the commissioner or by the
appropriate authorities of any other state, District of Columbia or
Canadian province, or who loses the right to operate a commercial motor
vehicle in any state or jurisdiction for any period, or who is disquali-
fied from operating a commercial motor vehicle for any period, shall
notify his/her current employer of such suspension, revocation, cancel-
lation, lost privilege, or disqualification.
S 8. Section 514-c of the vehicle and traffic law, as added by chapter
251 of the laws of 2007, is amended to read as follows:
S 514-c. Notification of non-resident commercial operator convictions.
Within ten days of the conviction of: (a) any holder of a COMMERCIAL
LEARNER'S PERMIT OR A commercial driver's license issued by another
state for any violation of state or local law regulating traffic, other
than a parking, stopping or standing violation, committed while operat-
ing a motor vehicle in this state; or
(b) any holder of a driver's license issued by another state for any
violation of state or local law regulating traffic, other than a park-
ing, stopping or standing violation, committed while operating a commer-
cial motor vehicle in this state, the commissioner shall provide notice
of such conviction to the state which issued such holder's COMMERCIAL
LEARNER'S PERMIT, commercial driver's license or driver's license.
S 9. Subdivision 9 of section 170.55 of the criminal procedure law, as
added by section 8 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
9. Notwithstanding any other provision of this section, a court may
not issue an order adjourning an action in contemplation of dismissal if
the offense is for a violation of the vehicle and traffic law related to
the operation of a motor vehicle (except one related to parking, stop-
ping or standing), or a violation of a local law, rule or ordinance
related to the operation of a motor vehicle (except one related to park-
ing, stopping or standing), if such offense was committed by the holder
of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license or was
committed in a commercial motor vehicle, as defined in subdivision four
of section five hundred one-a of the vehicle and traffic law.
S 10. Paragraph c of subdivision 2 of section 140 of the transporta-
tion law is amended by adding a new subparagraph (vii) to read as
follows:
(VII) NO PERSON, CORPORATION, LIMITED LIABILITY COMPANY OR BUSINESS
ENTITY, JOINT STOCK ASSOCIATION, PARTNERSHIP, OR ANY OFFICER OR AGENT
THEREOF, SHALL KNOWINGLY ALLOW, REQUIRE, PERMIT OR AUTHORIZE ANY PERSON
TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SECTION FIVE
HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW, DURING ANY PERIOD IN WHICH
THE OPERATOR:
S. 2008--A 21 A. 3008--A
(A) DOES NOT HAVE A VALID COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL
DRIVER'S LICENSE; OR
(B) DOES NOT HAVE A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S
LICENSE WITH THE PROPER CLASS OR ENDORSEMENTS; OR
(C) VIOLATES ANY RESTRICTION ON SUCH OPERATOR'S COMMERCIAL LEARNER'S
PERMIT OR COMMERCIAL DRIVER'S LICENSE; OR
(D) HAS A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S LICENSE
THAT IS SUSPENDED, REVOKED OR CANCELLED, OR SUCH OPERATOR HAS BEEN
OTHERWISE DISQUALIFIED BY THE COMMISSIONER OF MOTOR VEHICLES; OR
(E) HAS MORE THAN ONE COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIV-
ER'S LICENSE.
A VIOLATION OF THIS SUBPARAGRAPH SHALL BE PUNISHABLE BY A FINE OF NOT
LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS.
S 11. This act shall take effect July 8, 2015 and shall apply to
violations committed on or after such date, and shall apply to permits
issued on or after such date.
PART J
Section 1. Subdivision 2 of section 357-a of the public authorities
law, as added by section 1 of part E of chapter 58 of the laws of 2013,
is amended to read as follows:
2. The state shall be responsible for additional goods and services
provided by the authority equal to [twenty-four million] TWENTY-ONE
MILLION FIVE HUNDRED THOUSAND dollars in each calendar year. Such goods
and services shall be deemed to be costs to the state and not operating
costs of the authority. The authority and the director of the division
of the budget shall enter into an agreement identifying any such state
costs and determine reporting and other requirements related thereto.
Such agreement and any amendments thereto shall be transmitted by the
authority, within ten business days of the execution of such agreement
and amendments thereto, to the chair of the senate finance committee,
the chair of the assembly ways and means committee, the chair of the
senate transportation committee and the chair of the assembly transpor-
tation committee. By February first of each year, a report identifying
all state costs paid pursuant to such agreement in the preceding calen-
dar year will be transmitted by the authority to the director of the
budget, the chair of the senate finance committee, the chair of the
assembly ways and means committee, the chair of the senate transporta-
tion committee and the chair of the assembly transportation committee.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2015.
PART K
Section 1. Section 2985 of title 11 of article 9 of the public author-
ities law is designated title 11-A and such title is amended by adding a
new title heading to read as follows:
TOLL COLLECTIONS
S 2. Subdivision 1 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
1. Notwithstanding any other provision of law, every public authority
which operates a toll highway bridge and/or tunnel facility is hereby
authorized and empowered to impose monetary liability [on the owner of a
vehicle] for failure [of an operator thereof] to comply with the toll
S. 2008--A 22 A. 3008--A
collection regulations of such public authority in accordance with the
provisions of this section.
S 3. Subdivision 3 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
3. For purposes of this section, the term "owner" shall mean any
person, corporation, partnership, firm, agency, association, lessor or
organization who, [at the time of the violation] WHEN THE OBLIGATION TO
PAY THE TOLL IS INCURRED and with respect to the vehicle identified in
the notice of liability: (a) is the beneficial or equitable owner of
such vehicle; or (b) has title to such vehicle; or (c) is the registrant
or co-registrant of such vehicle which is registered with the department
of motor vehicles of this state or any other state, territory, district,
province, nation or other jurisdiction; or (d) subject to the limita-
tions set forth in subdivision ten of this section, uses such vehicle in
its vehicle renting and/or leasing business; and includes (e) a person
entitled to the use and possession of a vehicle subject to a security
interest in another person. For purposes of this section, the term
"photo-monitoring system" shall mean a vehicle sensor installed to work
in conjunction with a toll collection facility which automatically
produces one or more photographs, one or more microphotographs, a vide-
otape or other recorded images of each vehicle at the time it is used or
operated in [violation of toll collection regulations] OR UPON A TOLL
FACILITY. For purposes of this section, the term "toll collection regu-
lations" shall mean: those rules and regulations of a public authority
providing for and requiring the payment of tolls and/or charges
prescribed by such public authority for the use of bridges, tunnels or
highways under its jurisdiction or those rules and regulations of a
public authority making it unlawful to refuse to pay or to evade or to
attempt to evade the payment of all or part of any toll and/or charge
for the use of bridges, tunnels or highways under the jurisdiction of
such public authority. For purposes of this section, the term "vehicle"
shall mean every device in, upon or by which a person or property is or
may be transported or drawn upon a highway, except devices used exclu-
sively upon stationary rails or tracks.
S 4. Subdivision 4 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
4. A certificate, sworn to or affirmed by an agent of the public
authority which charged that the violation occurred, or a facsimile
thereof, based upon inspection of [photographs, microphotographs, vide-
otape or other recorded images] DATA OR IMAGES produced by [a photo-mon-
itoring] AN ELECTRONIC TOLL COLLECTION system OR OTHER RECORDS MAIN-
TAINED BY OR ON BEHALF OF THE PUBLIC AUTHORITY REGARDING TOLL VIOLATIONS
shall be prima facie evidence of the facts contained therein and shall
be admissible in any proceeding charging a violation of toll collection
regulations, provided that any [photographs, microphotographs, videotape
or other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing such
a violation shall be available for inspection and admission into
evidence in any proceeding to adjudicate the liability for such
violation.
S 5. Subdivision 5 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
5. An owner found liable for a violation of toll collection regu-
lations pursuant to this section shall for a first violation thereof be
liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND
FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
dollars or two times the toll evaded whichever is greater; for a second
S. 2008--A 23 A. 3008--A
violation thereof both within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] TWO hundred dollars or five times
the toll evaded whichever is greater; for a third or subsequent
violation thereof all within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred [fifty] dollars or
ten times the toll evaded whichever is greater.
S 6. Paragraphs (a), (b) and (d) of subdivision 7 of section 2985 of
the public authorities law, as added by chapter 379 of the laws of 1992,
are amended to read as follows:
(a) A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of toll
collection regulations. Such notice shall be mailed no later than [thir-
ty] ONE HUNDRED TWENTY days after the alleged violation. Personal deliv-
ery on the owner shall not be required. A manual or automatic record of
mailing prepared in the ordinary course of business shall be prima facie
evidence of the mailing of the notice.
(b) A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of toll
collection regulations pursuant to this section, the registration number
AND STATE OF REGISTRATION of the vehicle involved in such violation, the
[location where such violation took place, the date and time] LOCATIONS,
DATES AND TIMES of EACH USE OF THE FACILITY THAT FORMS THE BASIS OF such
violation, THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES,
and the identification number of the [photo-monitoring] ELECTRONIC TOLL
COLLECTION system which recorded the [violation] VEHICLE BEING USED OR
OPERATED ON THE TOLL FACILITY or other document locator number.
(d) The notice of liability shall be prepared and mailed by OR ON
BEHALF OF the public authority having jurisdiction over the toll facili-
ty where the violation of toll collection regulations occurred.
S 7. Subdivision 8 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
8. Adjudication of the liability imposed upon owners by this section
shall be by the entity having jurisdiction over violations of the rules
and regulations of the public authority serving the notice of liability
or where authorized by an administrative tribunal and all violations
shall be heard and determined in the county in which the violation is
alleged to have occurred, or in New York city and upon the consent of
both parties, in any county within New York city in which the public
authority operates or maintains a facility, and in the same manner as
charges of other regulatory violations of such public authority or
pursuant to the rules and regulations of such administrative tribunal as
the case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT ADJUDICATES
LIABILITY FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE ASSESSED
TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO THE MONETARY PENALTY
OWED, AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGU-
LATIONS WERE VIOLATED THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER
CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY.
S 8. Subdivision 10 of section 2985 of the public authorities law, as
amended by chapter 666 of the laws of 1993, is amended to read as
follows:
10. An owner who is a lessor of a vehicle to which a notice of
[liability] USE OF THE TOLL FACILITY BY SUCH VEHICLE was issued [pursu-
ant to subdivision seven of this section] shall not be liable for [the
violation] PAYMENT of the [toll collection regulation] TOLLS AND OTHER
S. 2008--A 24 A. 3008--A
CHARGES AND FEES provided that he or she sends to the public authority
[serving the notice of liability and to the court or other entity
having jurisdiction] OR ITS DULY AUTHORIZED AGENT FOR THIS PURPOSE a
copy of the rental, lease or other such contract document covering such
vehicle on the date of [the violation] USE OF THE TOLL FACILITY, with
the name and address of the lessee clearly legible, within thirty days
after receiving the [original] FIRST notice of [liability] USE OF THE
TOLL FACILITY BY SUCH VEHICLE. Failure to send such information within
such thirty day time period shall render the lessor liable for PAYMENT
OF the TOLLS AND OTHER CHARGES AND FEES AND ANY penalty prescribed by
this section. Where the lessor complies with the provisions of this
subdivision, the lessee of such vehicle on the date of such [violation]
USE OF THE TOLL FACILITY shall be deemed to be the owner of such vehicle
for purposes of this section and shall be [subject to liability for the
violation of toll collection regulations, provided that] LIABLE FOR
PAYMENT OF THE TOLLS AND OTHER CHARGES AND FEES, AND the public authori-
ty [mails a] OR ITS DULY AUTHORIZED AGENT FOR THIS PURPOSE SHALL SEND
ANY notice of liability to the lessee within [ten days after the court,
or other entity having jurisdiction, deems the lessee to be the owner]
ONE HUNDRED TWENTY DAYS AFTER THE VIOLATION IN ACCORDANCE WITH PARAGRAPH
(A) OF SUBDIVISION SEVEN OF THIS SECTION. FOR PURPOSES OF THIS SUBDIVI-
SION THE TERM "NOTICE OF USE OF THE TOLL FACILITY" SHALL MEAN A NOTICE
OF DELINQUENCY ISSUED PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION, OR
A NOTICE OF VIOLATION ISSUED PURSUANT TO SUBDIVISION SEVENTEEN OF THIS
SECTION, OR A TOLL INVOICE SEEKING TO COLLECT TOLLS AND OTHER CHARGES
ISSUED PURSUANT TO A TOLL COLLECTION REGULATION. For purposes of this
subdivision the term "lessor" shall mean any person, corporation, firm,
partnership, agency, association or organization engaged in the business
of renting or leasing vehicles to any lessee under a rental agreement,
lease or otherwise wherein the said lessee has the exclusive use of said
vehicle for any period of time. For purposes of this subdivision, the
term "lessee" shall mean any person, corporation, firm, partnership,
agency, association or organization that rents, leases or contracts for
the use of one or more vehicles and has exclusive use thereof for any
period of time.
S 9. Subdivision 11 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
11. Except as provided in subdivision ten of this section, if a person
receives a notice of liability pursuant to this section it shall be a
valid defense to an allegation of liability for a violation of toll
collection regulations that the individual who received the notice of
liability pursuant to this section was not the owner of the vehicle at
the time the [violation occurred] OBLIGATION FOR PAYMENT OF THE TOLL AND
OTHER CHARGES WAS INCURRED. If the owner liable for a violation of toll
collection regulations pursuant to this section was not the operator of
the vehicle at the time of the violation, the owner may maintain an
action for indemnification against the operator.
S 10. Subdivision 12 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
12. "Electronic toll collection system" shall mean a system of
collecting tolls or OTHER charges [which is capable of charging an
account holder the appropriate toll or charge by transmission of infor-
mation from an electronic device on a motor vehicle to the toll lane,
which information is used to charge the account the appropriate toll or
charge] USING ELECTRONIC DATA AND IMAGES. In adopting procedures for
the preparation and mailing of a notice of liability, the public author-
S. 2008--A 25 A. 3008--A
ity having jurisdiction over the toll facility shall adopt guidelines to
ensure adequate and timely notice to all electronic toll collection
system account holders to inform them when their accounts are delin-
quent. An owner who is an account holder under the electronic toll
collection system shall not be found liable for a violation of this
section unless such authority has first sent a notice of delinquency to
such account holder and the account holder was in fact delinquent at the
time of the violation.
S 11. Section 2985 of the public authorities law is amended by adding
four new subdivisions 15, 16, 17 and 18 to read as follows:
15. IN ADDITION TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED PURSU-
ANT TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGHWAY,
BRIDGE OR TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED TO IMPOSE
AN ADMINISTRATIVE FEE OR FEES ON AN OWNER, AN OPERATOR OR AN ACCOUNT
HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS.
16. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST
CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF
COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS
PREPARED IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE EVIDENCE
OF ELECTRONIC NOTICE.
17. IN ADOPTING PROCEDURES FOR THE PREPARATION AND SENDING OF A NOTICE
OF LIABILITY, THE PUBLIC AUTHORITY HAVING JURISDICTION OVER THE TOLL
FACILITY SHALL ADOPT GUIDELINES TO ENSURE ADEQUATE AND TIMELY NOTICE TO
OWNERS TO INFORM AN OWNER THAT THE OWNER'S VEHICLE HAS USED A TOLL
FACILITY WITHOUT PAYING THE TOLL IN VIOLATION OF THE RULES AND REGU-
LATIONS OF THE PUBLIC AUTHORITY. AN OWNER SHALL NOT BE FOUND LIABLE FOR
A VIOLATION OF THIS SECTION UNLESS SUCH AUTHORITY HAS FIRST SENT A
NOTICE OF VIOLATION TO SUCH OWNER.
18. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE
AUTHORITY ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH AN
ADMINISTRATIVE TRIBUNAL TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL REGULATIONS
OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION
OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS-
DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME
TO TIME BE ESTABLISHED BY SUCH AUTHORITIES IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED IN
THE COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN THE
COUNTY IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL ADMIN-
ISTRATIVE OFFICES AND REGULATIONS MAY PROVIDE FOR THE CONDUCT OF HEAR-
INGS VIA VIDEOCONFERENCING.
S 12. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (o) to read as follows:
(O) ARE DATA OR IMAGES PRODUCED BY AN ELECTRONIC TOLL COLLECTION
SYSTEM UNDER AUTHORITY OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE
OF THE PUBLIC AUTHORITIES LAW.
S 13. Subdivision 4-d of section 510 of the vehicle and traffic law,
as added by chapter 379 of the laws of 1992, is amended to read as
follows:
4-d. Suspension of registration for failure to answer or pay penalties
with respect to certain violations. Upon the receipt of a notification,
IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSIONER, from a court
[or], an administrative tribunal, A PUBLIC AUTHORITY, OR ANY OTHER
PUBLIC ENTITY IMPOSING VIOLATIONS, that an owner of a motor vehicle
failed to appear on the return date or dates or a new subsequent
S. 2008--A 26 A. 3008--A
adjourned date or dates or failed to pay any penalty imposed by a court
or failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision or decisions, in response
to [five] THREE or more notices of liability or other process, issued
within an eighteen month period FROM ANY AND ALL JURISDICTIONS charging
such owner with a violation of toll collection regulations in accordance
with the provisions of section two thousand nine hundred eighty-five of
the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, AND THAT THE OWNER HAS BEEN GIVEN WRITTEN NOTICE THAT THE
COURT, ADMINISTRATIVE TRIBUNAL, PUBLIC AUTHORITY OR ANY OTHER PUBLIC
ENTITY IS SEEKING TO HAVE THE COMMISSIONER OR HIS OR HER AGENT TAKE
ACTION HEREUNDER, the commissioner or his OR HER agent shall suspend the
registration of the vehicle or vehicles involved in the violation or the
privilege of operation of any motor vehicle owned by the registrant.
Such suspension shall take effect no less than thirty days from the date
on which notice thereof is sent by the commissioner to the person whose
registration or privilege is suspended and shall remain in effect until
such registrant has appeared in response to such notices of liability or
has paid such penalty or in the case of an administrative tribunal, the
registrant has complied with the rules and regulations following the
entry of a final decision or decisions.
S 14. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 61 of the laws of 1989 and as renumbered by chapter
648 of the laws of 2006, is amended and a new subdivision 9 is added to
read as follows:
8. [The] EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS SECTION, THE
violation of this section shall be punishable by a fine of not less than
twenty-five nor more than two hundred dollars.
9. THE VIOLATION OF THIS SECTION ON A TOLL HIGHWAY, BRIDGE AND/OR
TUNNEL FACILITY SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE
HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS.
S 15. Subdivision 5-a of section 401 of the vehicle and traffic law is
amended by adding a new paragraph b-1 to read as follows:
B-1. IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL THER-
EOF THERE IS A CERTIFICATION, IN THE MANNER AND FORM PRESCRIBED BY THE
COMMISSIONER, FROM A COURT, AN ADMINISTRATIVE TRIBUNAL, A PUBLIC AUTHOR-
ITY OR ANY OTHER PUBLIC ENTITY IMPOSING VIOLATIONS, THAT THE REGISTRANT
OR HIS OR HER REPRESENTATIVE FAILED TO APPEAR ON THE RETURN DATE OR
DATES OR A NEW SUBSEQUENT ADJOURNED DATE OR DATES OR FAILED TO PAY ANY
PENALTY IMPOSED BY A COURT OR FAILED TO COMPLY WITH THE RULES AND REGU-
LATIONS OF AN ADMINISTRATIVE TRIBUNAL FOLLOWING ENTRY OF A FINAL DECI-
SION OR DECISIONS, IN RESPONSE TO THREE OR MORE NOTICES OF LIABILITY OR
OTHER PROCESS, ISSUED WITHIN AN EIGHTEEN MONTH PERIOD FROM ANY AND ALL
JURISDICTIONS CHARGING SUCH REGISTRANT WITH A VIOLATION OF TOLL
COLLECTION REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO
THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR
SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, AND THAT THE REGIS-
TRANT HAS BEEN GIVEN WRITTEN NOTICE THAT THE COURT, ADMINISTRATIVE
TRIBUNAL, PUBLIC AUTHORITY OR ANY OTHER PUBLIC ENTITY IS SEEKING TO HAVE
THE COMMISSIONER OR HIS OR HER AGENT TAKE ACTION HEREUNDER, THE COMMIS-
SIONER OR HIS OR HER AGENT SHALL DENY THE REGISTRATION OR RENEWAL APPLI-
CATION UNTIL THE APPLICANT PROVIDES PROOF FROM THE COURT OR ADMINISTRA-
TIVE TRIBUNAL WHEREIN THE CHARGES ARE PENDING THAT AN APPEARANCE OR
ANSWER HAS BEEN MADE OR IN THE CASE OF AN ADMINISTRATIVE TRIBUNAL THAT
S. 2008--A 27 A. 3008--A
HE OR SHE HAS COMPLIED WITH THE RULES AND REGULATIONS OF SAID TRIBUNAL
FOLLOWING ENTRY OF A FINAL DECISION. WHERE AN APPLICATION IS DENIED
PURSUANT TO THIS SECTION, THE COMMISSIONER MAY, IN HIS OR HER
DISCRETION, DENY A REGISTRATION OR RENEWAL APPLICATION TO ANY OTHER
PERSON FOR THE SAME VEHICLE AND MAY DENY A REGISTRATION OR RENEWAL
APPLICATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE
APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S
INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE THE
COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR
RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS SUBDIVI-
SION. SUCH DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE SUMMONSES
REMAIN UNANSWERED, OR IN THE CASE OF AN ADMINISTRATIVE TRIBUNAL, THE
REGISTRANT FAILS TO COMPLY WITH THE RULES AND REGULATIONS FOLLOWING
ENTRY OF A FINAL DECISION.
S 16. The vehicle and traffic law is amended by adding a new section
518 to read as follows:
S 518. RECIPROCAL AGREEMENTS CONCERNING SUSPENSION OR DENIAL OF REGIS-
TRATION OF A MOTOR VEHICLE FOR VIOLATIONS OF TOLL COLLECTION REGU-
LATIONS. 1. THE COMMISSIONER MAY EXECUTE A RECIPROCAL COMPACT OR AGREE-
MENT REGARDING TOLL COLLECTION VIOLATIONS WITH THE MOTOR VEHICLE
ADMINISTRATOR OR OTHER AUTHORIZED OFFICIAL OF ANOTHER STATE NOT INCON-
SISTENT WITH THE PROVISIONS OF THIS CHAPTER. SUCH COMPACT OR AGREEMENT
SHALL PROVIDE THAT IF A REGISTRATION OF A MOTOR VEHICLE WOULD BE
SUSPENDED PURSUANT TO SUBDIVISION FOUR-D OF SECTION FIVE HUNDRED TEN OF
THIS ARTICLE, OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER
STATE, OR IF THE REGISTRATION OR RENEWAL OF A MOTOR VEHICLE WOULD BE
DENIED PURSUANT TO SUBDIVISION FIVE-A OF SECTION FOUR HUNDRED ONE OF
THIS CHAPTER, OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER
STATE, BECAUSE AN OWNER OF A MOTOR VEHICLE (A) FAILED TO APPEAR, (B)
FAILED TO PAY ANY PENALTY IMPOSED BY A COURT, OR (C) FAILED TO COMPLY
WITH THE RULES AND REGULATIONS OF AN ADMINISTRATIVE TRIBUNAL FOLLOWING
ENTRY OF A FINAL DECISION IN RESPONSE TO THREE OR MORE NOTICES OF
LIABILITY OF OTHER PROCESS ISSUED WITHIN AN EIGHTEEN-MONTH PERIOD IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS ONE THROUGH
SIXTEEN AND SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, OR WITH ANY COMPARA-
BLE LAW OR REGULATION OF ANOTHER STATE, THEN THE STATE ISSUING THE
REGISTRATION SHALL LIKEWISE SUSPEND THE REGISTRATION OR DENY THE REGIS-
TRATION OR RENEWAL, UNTIL SUCH REGISTRANT OR APPLICANT HAS APPEARED IN
RESPONSE TO SUCH NOTICES OF LIABILITY, OR HAS PAID SUCH PENALTY, OR, IN
THE CASE OF AN ADMINISTRATIVE TRIBUNAL, THE REGISTRANT OR APPLICANT HAS
COMPLIED WITH THE RULES AND REGULATIONS FOLLOWING THE ENTRY OF A FINAL
DECISION OR DECISIONS.
2. SUCH COMPACT OR AGREEMENT SHALL ALSO PROVIDE SUCH TERMS AND PROCE-
DURES AS ARE NECESSARY AND PROPER TO FACILITATE ITS ADMINISTRATION. ANY
SUCH COMPACT OR AGREEMENT SHALL SPECIFY THE VIOLATIONS SUBJECT TO THE
COMPACT OR AGREEMENT, AND SHALL INCLUDE A DETERMINATION OF COMPARABLE
VIOLATIONS IN EACH STATE IF ANY SUCH VIOLATIONS ARE OF A SUBSTANTIALLY
SIMILAR NATURE BUT ARE NOT DENOMINATED OR DESCRIBED IN PRECISELY THE
SAME WORDS IN EACH PARTY STATE.
3. THE WORD "STATE" WHEN USED IN THIS SECTION SHALL MEAN ANY STATE,
TERRITORY, A POSSESSION OF THE UNITED STATES, DISTRICT OF COLUMBIA OR
ANY PROVINCE OF CANADA.
S. 2008--A 28 A. 3008--A
S 17. Paragraph b of subdivision 2 of section 240 of the vehicle and
traffic law, as added by chapter 715 of the laws of 1972, is amended to
read as follows:
b. No charge may be established except upon proof by substantial
evidence; EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES
LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN
HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, NO CHARGE
MAY BE ESTABLISHED EXCEPT UPON PROOF BY PREPONDERANCE OF EVIDENCE AS
SUBMITTED.
S 18. Subdivision 10 of section 1209-a of the public authorities law,
as amended by chapter 379 of the laws of 1992, is amended to read as
follows:
10. Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER CHARGES
COLLECTED AND PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE OF THIS CHAPTER, ALL penalties collected pursuant to the
provisions of this section shall be paid to the authority to the credit
of a transit crime fund which the authority shall establish. Any sums in
this fund shall be used to pay for programs selected by the board of the
authority, in its discretion, to reduce the incidence of crimes and
infractions on transit facilities, or to improve the enforcement of laws
against such crimes and infractions. Such funds shall be in addition to
and not in substitution for any funds provided by the state or the city
of New York for such purposes.
S 19. Section 1209-a of the public authorities law is amended by
adding a new subdivision 11 to read as follows:
11. NOTICE. ANY NOTICE OR COMMUNICATION REQUIRED TO BE SENT PURSUANT
TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT
BY FIRST CLASS MAIL OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNI-
CATION.
S 20. Section 2 of chapter 774 of the laws of 1950, relating to agree-
ing with the state of New Jersey with respect to rules and regulations
governing traffic on vehicular crossings operated by the port of New
York authority, is amended to read as follows:
S 2. No traffic shall be permitted in or upon vehicular crossings
except upon the payment of such tolls and other charges as may from time
to time be prescribed by the port authority. It is hereby declared to be
unlawful for any person to refuse to pay, or to evade or to attempt to
evade the payment of such tolls or other charges. THE OBLIGATION TO PAY
SUCH TOLLS AND OTHER CHARGES IS INCURRED AT THE TIME OF ENTRY INTO OR
USE OF THE PARTICULAR VEHICULAR CROSSING.
S 21. Section 16-a of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of the laws of 1992, is
amended to read as follows:
S 16-a. Owner liability for failure of operator to comply with toll
collection regulations of the port authority. Notwithstanding any other
provision of law and in accordance with the provisions of [section]
SECTIONS 16-b AND 16-C of this act, an owner of a vehicle may be held
liable for failure of an operator thereof to comply with the toll
collection regulations of the port authority of New York and New Jersey
(hereinafter called port authority). The owner of a vehicle shall be
liable pursuant to this section if such vehicle was used or operated
with the permission of the owner, express or implied, in violation of
S. 2008--A 29 A. 3008--A
the toll collection regulations of the port authority, and such
violation is evidenced by information obtained from a photo-monitoring
system, provided, however, that no owner of a vehicle shall be liable
where the operator of such vehicle has been convicted of a violation of
those toll collection regulations for the same incident.
S 22. Section 16-b of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of the laws of 1992, subdi-
vision f as amended by chapter 666 of the laws of 1993, is amended to
read as follows:
S 16-b. Imposition of liability for failure of operator to comply with
toll collection regulations of the port authority. The liability set
forth in section 16-a of this act, shall be imposed upon an owner for a
violation by an operator of the toll collection regulations of the port
authority occurring within the territorial limits of the state of New
York in accordance with the following:
a. For the purposes of this section AND SECTIONS 16-A AND 16-C OF THIS
ACT, the term "owner" shall mean any person, corporation, partnership,
firm, agency, association, lessor, or organization who, [at the time of
the violation in any city in which a vehicle is operated] WHEN THE OBLI-
GATION TO PAY THE TOLL IS INCURRED: (i) is the beneficial or equitable
owner of such vehicle; or (ii) has title to such vehicle; or (iii) is
the registrant or co-registrant of such vehicle which is registered with
the department of motor vehicles of this state or any other state,
territory, district, province, nation or other jurisdiction; or (iv)
subject to the limitations set forth in subdivision f of this section,
uses such vehicle in its vehicle renting and/or leasing business; and
includes (v) a person entitled to the use and possession of a vehicle
subject to a security interest in another person. For the purposes of
this section, the term "operator" shall mean any person, corporation,
firm, partnership, agency, association, organization or lessee that uses
or operates a vehicle with or without the permission of the owner, and
an owner who operates his or her own vehicle. FOR PURPOSES OF THIS
SECTION AND SECTION 16-A OF THIS ACT, THE TERM "ELECTRONIC TOLL
COLLECTION SYSTEM" SHALL MEAN A SYSTEM FOR COLLECTING TOLLS OR OTHER
CHARGES USING ELECTRONIC DATA AND IMAGES. For purposes of this section,
the term "photo-monitoring system" shall mean a vehicle sensor installed
to work in conjunction with a toll collection facility which automat-
ically produces one or more photographs, one or more microphotographs, a
videotape, or other recorded images of each vehicle at the time it is
used or operated in [violation of the toll collection regulations of the
port authority] OR UPON VEHICULAR CROSSINGS OPERATED BY THE PORT AUTHOR-
ITY. For purposes of this section AND SECTIONS 16-A AND 16-C OF THIS
ACT, the term "toll collection regulations of the port authority" shall
refer to the traffic regulations for interstate vehicular crossings
operated by the port authority as set forth in this chapter and in chap-
ter 192 of the laws of New Jersey of 1950, and specifically that section
of the laws which prohibits traffic in or upon vehicular crossings oper-
ated by the port authority except upon the payment of such tolls and
other charges as may from time to time be prescribed by the port author-
ity and which further makes it unlawful for any person to refuse to pay,
or to evade or to attempt to evade the payment of such tolls or other
charges. For purposes of this section AND SECTION 16-A OF THIS ACT, the
term "vehicle" shall mean every device in, upon, or by which a person or
S. 2008--A 30 A. 3008--A
property is or may be transported or drawn upon a highway[, except
devices used exclusively upon stationary rails or tracks].
b. A certificate, sworn to or affirmed by an agent of the port author-
ity, or a facsimile thereof, based upon inspection of [photographs,
microphotographs, videotape or other recorded images] DATA OR IMAGES
produced by [a photo-monitoring system] ITS ELECTRONIC TOLL COLLECTION
SYSTEM OR OTHER RECORDS MAINTAINED BY OR ON BEHALF OF THE PORT AUTHORITY
REGARDING TOLL VIOLATIONS shall be prima facie evidence of the facts
contained therein and shall be admissible in any proceeding charging a
violation of toll collection regulations of the port authority, provided
that any [photographs, microphotographs, videotape or other recorded
images] SUCH DATA, IMAGES, OR RECORDS evidencing such a violation shall
be available for inspection and admission into evidence in any proceed-
ing to adjudicate the liability for such violation.
c. An imposition of liability pursuant to this section shall be based
upon a preponderance of evidence as submitted. An imposition of liabil-
ity pursuant to this section shall not be deemed a conviction of an
operator and shall not be made part of the motor vehicle operating
record, furnished pursuant to section 354 of the vehicle and traffic
law, of the person upon whom such liability is imposed nor shall it be
used for insurance purposes in the provision of motor vehicle insurance
coverage.
d. (i) A notice of liability shall be sent by first class mail OR,
WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION to each person
alleged to be liable [as an owner] for a violation pursuant to this
section of the toll collection regulations of the port authority. Such
notice shall be [mailed] SENT no later than [thirty] ONE HUNDRED TWENTY
days after the alleged violation. Personal delivery [on the owner] shall
not be required. A manual or automatic record of [mailing] SENDING THE
NOTICE prepared in the ordinary course of business shall be prima facie
evidence of the [mailing] SENDING of the notice.
(ii) A notice of liability shall contain the name and address of the
person alleged to be liable [as an owner] for a violation of the toll
collection regulations of the port authority pursuant to this section,
the registration number AND STATE OF REGISTRATION of the vehicle
involved in such violation, the [location where such violation took
place, the date and time] LOCATIONS, DATES AND TIMES OF EACH USE OF THE
VEHICULAR CROSSING THAT FORMS THE BASIS of such violation, THE AMOUNT OF
THE ASSESSED TOLLS AND OTHER CHARGES, and the identification number of
the [photo-monitoring system] ELECTRONIC TOLL COLLECTION SYSTEM which
recorded the [violation] USE or other document locator number.
(iii) The notice of liability shall contain information advising the
person charged of the manner and the time in which he may contest the
liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of liabil-
ity and that a default judgment may be entered thereon.
(iv) The notice of liability shall be prepared and [mailed] SENT by
the port authority or its duly authorized agent.
e. If an owner receives a notice of liability pursuant to this section
for any time period during which the vehicle was reported to the police
department as having been stolen, it shall be a valid defense to an
allegation of liability for a violation of the toll collection regu-
lations of the port authority that the vehicle had been reported to the
police as stolen prior to the time the violation occurred and had not
been recovered by such time. If an owner receives a notice of liability
S. 2008--A 31 A. 3008--A
pursuant to this section for any time period during which the vehicle
was stolen, but not as yet reported to the police as having been stolen,
it shall be a valid defense to an allegation of liability for a
violation of toll collection regulations of the port authority pursuant
to this section that the vehicle was reported as stolen within two hours
after discovery of the theft by the owner. For purposes of asserting the
defense provided by this subdivision, it shall be sufficient that a
certified copy of the police report on the stolen vehicle be sent by
first class mail to the court or other entity having jurisdiction.
f. An owner, as defined in subdivision a of this section, who is a
lessor of a vehicle to which a notice of [liability] USE OF THE VEHICU-
LAR CROSSING BY SUCH VEHICLE was issued [pursuant to subdivision d of
this section] shall not be liable [pursuant to this section] for [the
violation of the toll collection regulations of the port authority]
PAYMENT OF THE TOLLS AND OTHER CHARGES AND FEES provided that he or she
sends to the port authority [serving the notice of liability and to the
court or other entity having jurisdiction] OR ITS DULY AUTHORIZED AGENT
FOR THIS PURPOSE a copy of the rental, lease or other such contract
document covering such vehicle on the date of the [violation] USE OF THE
VEHICULAR CROSSING, with the name and address of the lessee clearly
legible, within thirty days after receiving from the port authority or
its duly authorized agent [the original] FOR THIS PURPOSE THE FIRST
notice of [liability] USE OF THE VEHICULAR CROSSING BY SUCH VEHICLE.
Failure to send such information within such thirty day time period
shall render the lessor liable for PAYMENT OF the TOLLS AND OTHER CHARG-
ES AND FEES AND ANY penalty prescribed by this section. Where the lessor
complies with the provisions of this subdivision, the lessee of such
vehicle on the date of such [violation] USE OF THE VEHICULAR CROSSING
shall be deemed to be the owner of such vehicle for purposes of this
section and shall be [subject to liability for the violation of toll
collection regulations of the port authority provided that] LIABLE FOR
PAYMENT OF THE TOLLS AND OTHER CHARGES AND FEES, AND the port authority
or its duly authorized agent [mails a] SHALL SEND ANY notice of liabil-
ity to the lessee within [ten days after the court, or other entity
having jurisdiction, deems the lessee to be the owner] ONE HUNDRED TWEN-
TY DAYS AFTER THE VIOLATION IN ACCORDANCE WITH SUBDIVISION D OF THIS
SECTION. FOR PURPOSES OF THIS SUBDIVISION THE TERM "NOTICE OF USE OF
THE VEHICULAR CROSSING" SHALL MEAN A NOTICE OF DELINQUENCY OR A NOTICE
OF VIOLATION ISSUED PURSUANT TO SUBDIVISION H OF THIS SECTION OR A TOLL
INVOICE SEEKING TO COLLECT TOLLS AND OTHER CHARGES ISSUED PURSUANT TO
TOLL COLLECTION REGULATIONS OF THE PORT AUTHORITY. For purposes of this
subdivision the term "lessor" shall mean any person, corporation, firm,
partnership, agency, association or organization engaged in the business
of renting or leasing vehicles to any lessee under a rental agreement,
lease or otherwise wherein the said lessee has the exclusive use of said
vehicle for any period of time. For the purposes of this subdivision,
the term "lessee" shall mean any person, corporation, firm, partnership,
agency, association or organization that rents, leases or contracts for
the use of one or more vehicles and has exclusive use thereof for any
period of time.
g. Except as provided in subdivision f of this section, if a person
receives a notice of liability pursuant to this section it shall be a
valid defense to an allegation of liability for a violation of toll
collection regulations of the port authority that the individual who
received the notice of liability pursuant to this section was not the
owner of the vehicle at the time the [violation] USE OF THE VEHICULAR
S. 2008--A 32 A. 3008--A
CROSSING occurred. If the owner liable for a violation of the toll
collection regulations of the port authority pursuant to this section
was not the operator of the vehicle at the time of the [violation] USE
OF THE VEHICULAR CROSSING, the owner may maintain an action for indemni-
fication against the operator. The operator of the vehicle may apply to
the court or other entity having jurisdiction to adjudicate the liabil-
ity imposed under this section to accept responsibility for the
violation and satisfactorily discharge all applicable tolls, charges,
FEES, and penalties related to the violation.
h. ["Electronic toll collection system" shall mean a system of
collecting tolls or charges which is capable of charging an account
holder the appropriate toll or charge by transmission of information
from an electronic device on a motor vehicle to the toll lane, which
information is used to charge the account the appropriate toll or
charge.] In adopting procedures for the preparation and [mailing] SEND-
ING of a notice of liability, the port authority or its duly authorized
agent shall adopt guidelines [to ensure] FOR SENDING BY FIRST CLASS MAIL
OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION, adequate and
timely notice to all electronic toll collection system account holders
to inform them when their accounts are delinquent AS WELL AS ADEQUATE
AND TIMELY NOTICE TO OWNERS TO INFORM AN OWNER THAT THE OWNER'S VEHICLE
HAS USED A VEHICULAR CROSSING WITHOUT PAYING THE TOLL IN VIOLATION OF
THE TOLL COLLECTION REGULATIONS OF THE PORT AUTHORITY. AN OWNER SHALL
NOT BE FOUND LIABLE FOR A VIOLATION OF THIS SECTION UNLESS SUCH AUTHORI-
TY OR ITS DULY AUTHORIZED AGENT HAS FIRST SENT A NOTICE OF VIOLATION TO
SUCH OWNER. An owner who is an account holder under the electronic toll
collection system shall not be found liable for a violation of this
section unless such authority has first sent a notice of delinquency to
such account holder and the account holder was in fact delinquent at the
time of the violation.
i. Nothing in this section shall be construed to limit the liability
of an operator of OR THE ACCOUNT HOLDER ASSOCIATED WITH a vehicle for
any violation of the toll collection regulations of the port authority.
Nothing in this section shall authorize or preclude the port authority
from excluding from any of its facilities, in its sole discretion, any
or all vehicles found liable under this section as well as other vehi-
cles owned or operated by the owner or operator of OR ACCOUNT HOLDER
ASSOCIATED WITH such vehicle.
j. Notwithstanding any other provision of law, all photographs, micro-
photographs, videotape or other recorded images prepared pursuant to
this section shall be for the exclusive use of the port authority in the
discharge of its duties under this section and shall not be open to the
public nor be used in any court in any action or proceeding pending
therein unless such action or proceeding relates to the imposition of or
indemnification for liability pursuant to this section. The port author-
ity or its duly authorized agent shall not sell, distribute or make
available in any way, the names and addresses of electronic toll
collection system account holders, or any information compiled from
transactions with such account holders, without such account holders'
consent to any entity that will use such information for any commercial
purpose provided that the foregoing restriction shall not be deemed to
preclude the exchange of such information between any entities with
jurisdiction over and or operating a toll highway bridge and/or tunnel
facility.
S 23. Section 16-c of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to rules and regu-
S. 2008--A 33 A. 3008--A
lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of the laws of 1992, is
amended to read as follows:
S 16-c. Adjudication of liability. Adjudication of the liability
imposed upon an owner by section 16-a of this act for a violation of the
toll collection regulations of the port authority occurring within the
territorial limits of the state of New York shall be in accordance with
the vehicle and traffic law of New York as set forth in sections 235,
236, 237, 239, 240, 241, 242, 401, 402, 510 and 1809 of such law, or by
such entity having jurisdiction over violations of the toll collection
regulations of the port authority occurring within the territorial
limits of the state of New York, provided that all violations shall be
heard and determined in the county in which [the violation is alleged to
have occurred, or by consent of both parties,] OBLIGATION FOR PAYMENT OF
THE TOLLS OR OTHER CHARGES WAS INCURRED, OR in any county in the state
of New York in which the port authority operates or maintains a facili-
ty. An owner found liable for a violation of toll collection regulations
pursuant to this section shall for a first violation thereof be liable
for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN
ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars
or two times the toll evaded whichever is greater; for a second
violation thereof both within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] TWO hundred dollars or five times
the toll evaded whichever is greater; for a third or subsequent
violation thereof all within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred [fifty] dollars or
ten times the toll evaded whichever is greater. THE FULL AMOUNT OF THE
ASSESSED TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF SUCH MONETARY
PENALTIES COLLECTED SHALL BE PAID TO THE PORT AUTHORITY; THE REMAINING
HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE RETAINED OR DISTRIB-
UTED BY THE TRIBUNAL OR ENTITY ADJUDICATING THE VIOLATION IN ACCORDANCE
WITH EXISTING LAW.
S 24. This act shall take effect on the one hundred twentieth day
after it shall have become a law.
PART L
Section 1. Subdivision 6 of section 1209 of the public authorities
law, as amended by chapter 98 of the laws of 2011, is amended to read as
follows:
6. The provisions of subdivisions one, two, three and four of this
section shall not be applicable to any procurement by the authority
commenced during the period from the effective date of this subdivision
until December thirty-first, nineteen hundred ninety-one or during the
period from December sixteenth, nineteen hundred ninety-three until June
thirtieth, two thousand [fifteen] NINETEEN; and the provisions of subdi-
visions seven, eight, nine, ten, eleven, twelve and thirteen of this
section shall only apply to procurements by the authority commenced
during such periods. The provisions of such subdivisions one, two, three
and four shall apply to procurements by the authority commenced during
the period from December thirty-first, nineteen hundred ninety-one until
December sixteenth, nineteen hundred ninety-three, and to procurements
by the authority commenced on and after July first, two thousand
[fifteen] NINETEEN. Notwithstanding the foregoing, the provisions of
S. 2008--A 34 A. 3008--A
such subdivisions one, two, three and four shall apply to (i) the award
of any contract of the authority if the bid documents for such contract
so provide and such bid documents are issued within sixty days of the
effective date of this subdivision or within sixty days of December
sixteenth, nineteen hundred ninety-three, or (ii) for a period of one
hundred eighty days after the effective date of this subdivision, or for
a period of one hundred eighty days after December sixteenth, nineteen
hundred ninety-three, the award of any contract for which an invitation
to bid, solicitation, request for proposal, or any similar document has
been issued by the authority prior to the effective date of this subdi-
vision or during the period from January first, nineteen hundred nine-
ty-two until December fifteenth, nineteen hundred ninety-three.
S 2. Subdivision 1 of section 1265-a of the public authorities law, as
amended by chapter 98 of the laws of 2011, is amended to read as
follows:
1. The provisions of this section shall only apply to procurements by
the authority commenced during the period from April first, nineteen
hundred eighty-seven until December thirty-first, nineteen hundred nine-
ty-one, and during the period from December sixteenth, nineteen hundred
ninety-three until June thirtieth, two thousand [fifteen] NINETEEN;
provided, however, that the provisions of this section shall not apply
to (i) the award of any contract of the authority if the bid documents
for such contract so provide and such bid documents are issued within
sixty days of the effective date of this section or within sixty days of
December sixteenth, nineteen hundred ninety-three, or (ii) for a period
of one hundred eighty days after the effective date of this section or
for a period of one hundred eighty days after December sixteenth, nine-
teen hundred ninety-three, the award of any contract for which an invi-
tation to bid, solicitation, request for proposal, or any similar docu-
ment has been issued by the authority prior to the effective date of
this section or during the period from January first, nineteen hundred
ninety-two until December sixteenth, nineteen hundred ninety-three.
S 3. This act shall take effect immediately.
PART M
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 Z of chapter 57 of the
laws of 2014, is amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2015] 2016.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2015.
PART N
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 AA of chapter 57 of the laws of 2014, 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, [2015] 2016, at which
time the provisions of subdivision 26 of section 5 of the New York state
S. 2008--A 35 A. 3008--A
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 July 1, 2015.
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, 2015.
PART P
Section 1. Expenditures of moneys by the energy research and develop-
ment authority for services and expenses of the energy research, devel-
opment and demonstration program, including grants, the energy policy
and planning program, and the Fuel NY program shall be subject to the
provisions of this section. Notwithstanding the provisions of subdivi-
sion 4-a of section 18-a of the public service law, all moneys committed
or expended in an amount not to exceed $19,700,000 shall be reimbursed
by assessment against gas corporations, as defined in subdivision 11 of
section 2 of the public service law and electric corporations as defined
in subdivision 13 of section 2 of the public service law, where such gas
corporations and electric corporations have gross revenues from intra-
state utility operations in excess of $500,000 in the preceding calendar
year, and the total amount which may be charged to any gas corporation
and any electric 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 2013. Such amounts shall be excluded from the general
assessment provisions of subdivision 2 of section 18-a of the public
service law. The chair of the public service commission shall bill such
gas and/or electric corporations for such amounts on or before August
10, 2015 and such amounts shall be paid to the energy research and
development authority on or before September 10, 2015. Upon receipt, the
energy research and development authority shall deposit such funds in
the energy research and development operating fund established pursuant
to section 1859 of the public authorities law. The energy research and
development authority is authorized and directed to: (1) transfer $1
million to the state general fund for services and expenses of the
department of environmental conservation and to transfer $691,000 to the
University of Rochester laboratory for laser energetics from the funds
received; and (2) commencing in 2016, provide to the chair of the public
service commission and the director of the budget, on or before August
first of each year, an itemized record, certified by the president and
chief executive officer of the authority, or his or her designee,
detailing any and all expenditures and commitments ascribable to moneys
received as a result of this assessment by the chair of the department
of public service pursuant to section 18-a of the public service law.
Any such amount not committed by such authority to contracts or other-
S. 2008--A 36 A. 3008--A
wise expended by the authority during the fiscal year shall be refunded
by such authority on a pro-rata basis to such gas and/or electric corpo-
rations, in a manner to be determined by 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, 2015.
PART Q
Section 1. Section 312-a of the executive law, as amended by chapter
175 of the laws of 2010, is amended to read as follows:
S 312-a. Study of minority and women-owned business enterprise
programs. 1. The director of the division of minority and women-owned
business development in the department of economic development is
authorized and directed to recommission a statewide disparity study
regarding the participation of minority and women-owned business enter-
prises in state contracts since the amendment of this article to be
delivered to the governor and legislature no later than February
fifteenth, two thousand [sixteen] SEVENTEEN. The study shall be
prepared by an entity independent of the department and selected through
a request for proposal process. The purpose of such study is:
(a) to determine whether there is a disparity between the number of
qualified minority and women-owned businesses ready, willing and able to
perform state contracts for commodities, services and construction, and
the number of such contractors actually engaged to perform such
contracts, and to determine what changes, if any, should be made to
state policies affecting minority and women-owned business enterprises;
and (b) to determine whether there is a disparity between the number of
qualified minorities and women ready, willing and able, with respect to
labor markets, qualifications and other relevant factors, to participate
in contractor employment, management level bodies, including boards of
directors, and as senior executive officers within contracting entities
and the number of such group members actually employed or affiliated
with state contractors in the aforementioned capacities, and to deter-
mine what changes, if any, should be made to state policies affecting
minority and women group populations with regard to state contractors'
employment and appointment practices relative to diverse group members.
Such study shall include, but not be limited to, an analysis of the
history of minority and women-owned business enterprise programs and
their effectiveness as a means of securing and ensuring participation by
minorities and women, and a disparity analysis by market area and region
of the state. Such study shall distinguish between minority males,
minority females and non-minority females in the statistical analysis.
2. The director of the division of minority and women-owned business
development is directed to transmit the disparity study to the governor
and the legislature not later than February fifteenth, two thousand
[sixteen] SEVENTEEN, and to post the study on the website of the depart-
ment of economic development.
S 2. The opening paragraph of subdivision (h) of section 121 of chap-
ter 261 of the laws of 1988, amending the state finance law and other
laws relating to the New York state infrastructure trust fund, as
amended by chapter 175 of the laws of 2010, is amended to read as
follows:
The provisions of section sixty-two through sixty-six of this act
shall expire on December thirty-first, two thousand [sixteen] SEVENTEEN,
except that:
S. 2008--A 37 A. 3008--A
S 3. This act shall take effect immediately; provided, however, that
the amendments to section 312-a of the executive law made by section one
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith.
PART R
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART S
Section 1. Section 2 of part BB of chapter 58 of the laws of 2012,
amending the public authorities law relating to authorizing the dormito-
ry authority to enter into certain design and construction management
agreements, as amended by section 1 of part W of chapter 57 of the laws
of 2014, is amended to read as follows:
S 2. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2015] 2017.
S 2. Within 90 days of the effective date of this act, the dormitory
authority of the state of New York shall provide a report providing
information regarding any project undertaken pursuant to a design and
construction management agreement, as authorized by part BB of chapter
58 of the laws of 2012, between the dormitory authority of the state of
New York and the department of environmental conservation and/or the
office of parks, recreation and historic preservation to the governor,
the temporary president of the senate and speaker of the assembly. Such
report shall include but not be limited to a description of each such
project, the project identification number of each such project, if
applicable, the projected date of completion, the status of the project,
the total cost or projected cost of each such project, and the location,
including the names of any county, town, village or city, where each
such project is located or proposed. In addition, such a report shall be
provided to the aforementioned parties by the first day of March of each
year that the authority to enter into such agreements pursuant to part
BB of chapter 58 of the laws of 2012 is in effect.
S 3. This act shall take effect immediately and shall be deemed to
have been in effect on and after April 1, 2015.
PART T
Section 1. Section 2 of chapter 21 of the laws of 2003, amending the
executive law relating to permitting the secretary of state to provide
special handling for all documents filed or issued by the division of
corporations and to permit additional levels of such expedited service,
as amended by section 1 of part N of chapter 57 of the laws of 2014, is
amended to read as follows:
S 2. This act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and shall expire March 31, [2015]
2016.
S. 2008--A 38 A. 3008--A
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2015.
PART U
Section 1. Subdivision 2 of section 446-b of the real property law, as
amended by chapter 61 of the laws of 1989, is amended to read as
follows:
2. The application for such license shall be filed in the office of
the secretary of state on such forms as the secretary may prescribe [and
shall be accompanied by a fee of four hundred dollars].
S 2. Subdivision 3 of section 446-b of the real property law, as
amended by chapter 805 of the laws of 1980, is amended to read as
follows:
3. When the apartment information vendor maintains more than one place
of business, he shall apply for [and the secretary shall issue] a
supplemental license for each branch office so maintained [upon payment
of a fee of two hundred fifty dollars for each supplemental license so
issued]. Supplemental licenses shall be conspicuously displayed in each
branch office. The display of an expired license by any person, firm,
partnership or corporation is a violation of the provisions of this
article.
S 3. Subdivision 5 of section 446-b of the real property law, as
amended by chapter 805 of the laws of 1980, is amended to read as
follows:
5. Any license granted under the provisions hereof may be renewed for
one year by the secretary upon application therefor by the holder, in
such form as the secretary may prescribe[, and payment of a two hundred
fifty dollar fee for such license]. The secretary may dispense with the
requirement for the filing of such statements as was contained in the
original application for license.
S 4. Subdivision 2 of section 446-d of the real property law, as
amended by chapter 805 of the laws of 1980, is amended to read as
follows:
2. The secretary shall be notified in writing at his OR HER office in
Albany of any change of a licensee's business address or name, and the
secretary shall issue a license for the unexpired term, upon return of
the original license [and the payment of a fee of twenty dollars]. A
licensee who fails to notify the secretary of any change in business
address or name within ten days shall forfeit his OR HER license.
S 5. This act shall take effect immediately.
PART V
Section 1. Section 219 of the agriculture and markets law, as amended
by chapter 122 of the laws of 1988, is amended to read as follows:
S 219. Application [and fee]. Application for license as a food
salvager[,] SHALL BE MADE upon a form prescribed by the commissioner[,
shall be made on or before June first in every other year for the
license period beginning July first following]. The applicant shall
satisfy the commissioner of his OR HER character and that he OR SHE has
adequate physical facilities for salvaging food and food products. If so
satisfied, the commissioner shall [upon receipt of the license fee]
issue to the applicant a [license which shall be] non-transferable
LICENSE, WHICH WILL EXPIRE ON THE THIRTIETH OF JUNE OF THE NEXT EVEN
NUMBERED YEAR FOLLOWING ITS ISSUANCE. [The biennial license fee shall be
S. 2008--A 39 A. 3008--A
one hundred dollars.] APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY
THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
EXPIRATION OF THE EXISTING LICENSE. Where a person operates more than
one salvage warehouse a separate license is required for each location.
S 2. Section 231 of the agriculture and markets law, as amended by
section 7 of part I1 of chapter 62 of the laws of 2003, is amended to
read as follows:
S 231. Licenses, issuance of. No person or corporation shall maintain
or operate any refrigerated warehouse and/or locker plant unless
licensed by the commissioner. Application[,] SHALL BE MADE upon a form
prescribed by the commissioner[, shall be made on or before September
first of every other year for the license period beginning October first
following]. The applicant shall satisfy the commissioner of his or [its]
HER character, financial responsibility, and competency to operate a
refrigerated warehouse or locker plant. The commissioner, if so satis-
fied, shall[, upon receipt of the license fee or fees,] issue to the
applicant a license or licenses [to operate the refrigerated warehouse
or warehouses or locker plant or locker plants described in the applica-
tion until the first day of October] WHICH WILL EXPIRE ON THE THIRTIETH
OF SEPTEMBER of the NEXT ODD NUMBERED year following [the year in which
such license was issued] ITS ISSUANCE. [The biennial license fee shall
be two hundred dollars for each refrigerated warehouse. If a locker
plant is operated as part of a refrigerated warehouse and upon the same
premises, no additional license fee shall be required.] APPLICATION FOR
RENEWAL OF SUCH LICENSE OR LICENSES FOR A PERIOD OF TWO YEARS SHALL BE
MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND SUBMIT-
TED NO LATER THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING
LICENSE OR LICENSES.
S 3. Section 96-z-2 of the agriculture and markets law, as added by
chapter 391 of the laws of 1968, is amended to read as follows:
S 96-z-2. Application [and fees]. Application for a license to operate
a disposal plant or transportation service[,] SHALL BE MADE upon a form
prescribed by the commissioner[, shall be made on or before September
first in each year for the license year beginning October first follow-
ing]. The applicant shall satisfy the commissioner of his OR HER charac-
ter and that he OR SHE has adequate physical facilities for the opera-
tion of a disposal plant or transportation service. If so satisfied, the
commissioner shall [upon payment of the license fee] issue to the appli-
cant a NON-TRANSFERABLE license which [shall be non-transferable] WILL
EXPIRE ON THE THIRTIETH DAY OF SEPTEMBER OF THE NEXT EVEN NUMBERED YEAR
FOLLOWING ITS ISSUANCE. APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A FORM PRESCRIBED BY
THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
EXPIRATION OF THE EXISTING LICENSE. [The annual license fee for a
disposal plant shall be one hundred dollars, plus an inspection fee of
ten dollars for each vehicle. The annual license fee for a transporta-
tion service shall be twenty-five dollars, plus an inspection fee of ten
dollars for each vehicle.]
S 4. Section 128-a of the agriculture and markets law, as amended by
chapter 451 of the laws of 2008, subdivisions 4, 5, 6, 7, 8 and 9 as
renumbered by section 2 of part N of chapter 58 of the laws of 2012, is
amended to read as follows:
S 128-a. Licenses. 1. No person shall manufacture any commercial feed
in this state unless such person holds a license issued therefor by the
commissioner. [Notwithstanding the foregoing, a person, in operation on
S. 2008--A 40 A. 3008--A
or before the effective date of this section, who has filed an applica-
tion for an initial license under this section shall be authorized to
operate without such license until the commissioner grants or, after
notice and opportunity to be heard, declines to grant such license.]
Each application for a license shall be made on a form supplied by the
department and shall contain such information as may be required by the
department. A LICENSE ISSUED ON OR BEFORE THE THIRTIETH OF JUNE WILL
EXPIRE ON THE THIRTY-FIRST OF DECEMBER OF THE YEAR OF ITS ISSUANCE, AND
IF ISSUED BETWEEN JULY FIRST AND DECEMBER THIRTY-FIRST, WILL EXPIRE ON
THE THIRTY-FIRST DAY OF DECEMBER IN THE YEAR FOLLOWING ITS ISSUANCE.
Renewal applications shall be [submitted to] MADE ANNUALLY ON A FORM
PRESCRIBED BY the commissioner [at least] AND SUBMITTED NO LATER THAN
thirty days prior to the [commencement of the next license year] EXPIRA-
TION OF THE EXISTING LICENSE.
2. The commissioner may deny any application for a license or revoke
any license when granted, after written notice to the applicant and an
opportunity to be heard, when:
(a) any statement in the application or upon which it was issued is or
was false or misleading;
(b) facilities of the applicant are not maintained in a manner as
required by rules and regulations duly promulgated by the commissioner;
(c) the maintenance and operation of the establishment of the appli-
cant is such that the commercial feed produced therein is or may be
adulterated, misbranded, or not maintained in any manner as required by
this article;
(d) the applicant or licensee, or an officer, director, partner or
holder of ten per centum or more of the voting stock of the applicant or
licensee, has failed to comply with any of the provisions of this arti-
cle or rules and regulations promulgated pursuant thereto; or
(e) the applicant or licensee is a partnership or corporation and any
individual holding any position or interest or power of control therein
has previously been responsible in whole or in part for any act on
account of which an application for licensure may be denied or a license
revoked pursuant to the provisions of this article.
3. [Each application for an initial license shall be accompanied by a
non-refundable fee of one hundred dollars. The commissioner shall
prorate the license fee for any person applying for an initial license
after the commencement of the licensing period. Licenses shall be renew-
able annually thereafter, together with the payment of a non-refundable
fee of fifty dollars.
4.] Inspection in accordance with section one hundred thirty-five-a of
this article, the results of which establish compliance with the
provisions of this article, shall precede issuance of a license or
renewal thereof under this section.
[5.] 4. Upon validation by the commissioner, the application shall
become the license of the person.
[6.] 5. The commissioner shall provide a copy of the license to the
[person] LICENSEE. The commissioner shall also retain a copy of the
license.
[7.] 6. No licensee shall publish or advertise the sale of any commer-
cial feed unless the publication or advertisement is accompanied by such
licensee's license number. [Notwithstanding the foregoing, a person, in
operation on or before the effective date of this section, who has filed
an application for an initial license under this section may publish or
advertise the sale or availability of any commercial feed without the
publication or advertisement being accompanied by the person's license
S. 2008--A 41 A. 3008--A
number until the commissioner grants or, after notice and opportunity to
be heard, declines to grant such license.
8.] 7. Commercial feed licenses shall be conspicuously displayed on
the premises so that they may be readily seen by officers and employees
of the department.
[9.] 8. Notwithstanding the definition of commercial feed under subdi-
vision seven of section one hundred twenty-eight of this article, the
provisions of this section shall not apply to a person who conducts a
business of selling pet food and specialty pet food.
S 5. Section 142-ee of the agriculture and markets law, as amended by
chapter 251 of the laws of 1999, is amended to read as follows:
S 142-ee. License [and fee]. Each certificate filed pursuant to
section one hundred forty-two-dd OF THIS ARTICLE shall be accompanied by
an application, upon forms supplied by the commissioner, for a license
to supply such material under the brand name specified therein, and
there shall be transmitted therewith a copy of the label and of the
statement proposed to accompany such material in compliance with section
one hundred forty-two-cc[, together with a license fee of forty dollars
for each such brand] OF THIS ARTICLE. Such application shall incorpo-
rate by reference the data contained in the accompanying certificate for
the brand for which the license is sought. Upon compliance with the
provisions of this article, the applicant shall be issued a license for
the supplying of such qualifying brand of agricultural liming material,
which license shall expire on the thirty-first day of December of the
NEXT EVEN NUMBERED year following the year in which it is issued, but no
such license shall be issued for the supplying of any such material
which does not meet the minimum standards herein provided for, nor for
the supplying thereof under a brand descriptive designation or with a
label or accompanying statement which is or tends to be misleading or
deceptive as to quality, analysis or composition. APPLICATION FOR A
RENEWAL OF THE LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIAL-
LY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER
THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE. Any
such license so issued may be revoked by the commissioner, after notice
to the licensee by mail or otherwise and opportunity to be heard, when
it appears that any statement or representation upon which it is issued
is false or misleading. The action of the commissioner in refusing to
grant a license, or in revoking a license, shall be subject to review by
a proceeding under article seventy-eight of the civil practice law and
rules, but the decision of the commissioner shall be final unless within
thirty days from the date of the order embodying such action such
proceeding to review has been instituted.
Whenever a manufacturer, producer or distributor shall have been
licensed to supply a particular brand of material hereunder, no agent,
seller or retailer of such brand shall be required to file a certificate
or obtain a license for such brand during a period for which such
license is in effect, nor upon such goods which were acquired during a
period for which a license was in effect and remaining undistributed in
subsequent years.
S 6. Subdivision (a) of section 146 of the agriculture and markets
law, as amended by chapter 251 of the laws of 1999, is amended to read
as follows:
(a) No person shall distribute in this state any type of fertilizer
until a [biennial] license to distribute the same has been obtained from
the commissioner by the person whose labelling is applied to such ferti-
lizer upon payment of a one hundred fifty dollar fee. [All licenses
S. 2008--A 42 A. 3008--A
shall expire on a date to be set by the commissioner in regulations.]
THE INITIAL LICENSE ISSUED HEREUNDER SHALL EXPIRE ON DECEMBER
THIRTY-FIRST OF THE NEXT EVEN NUMBERED YEAR FOLLOWING THE YEAR IN WHICH
IT WAS ISSUED AND EACH RENEWAL OF THAT LICENSE SHALL BE FOR A TWO YEAR
PERIOD, ENDING ON DECEMBER THIRTY-FIRST. APPLICATION FOR A RENEWAL OF
SUCH LICENSE SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE
COMMISSIONER AND BE SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
EXPIRATION OF THE EXISTING LICENSE.
S 7. Section 147-b of the agriculture and markets law, as amended by
chapter 122 of the laws of 1988, is amended to read as follows:
S 147-b. License. No person shall sell, offer or expose for sale in
this state any soil or plant inoculant unless licensed as provided in
this section. Application for a license SHALL BE MADE upon a form
prescribed by the commissioner [shall be made biennially. The applica-
tion] AND shall include a statement as to whether the inoculant is
represented as effective for inoculating legumes or for some other
purpose, and, if represented as effective for the inoculation of
legumes, for which legume or legumes it is so represented. With the
application, the applicant shall present a representative sample of the
soil or plant inoculant described in the application. The commissioner,
if satisfied that the inoculant may be depended upon to produce an
effective inoculation for the purpose represented, shall issue to such
applicant a license for the sale of such inoculant, expiring on December
thirty-first of the NEXT EVEN NUMBERED year following [the year in which
it is issued] ITS ISSUANCE. [The applicant shall pay biennially, at the
time of presenting the application, to the commissioner for remittance
to the state treasury, a license fee of twenty dollars for each brand of
inoculants as defined in the rules and regulations adopted by the
commissioner as provided in this article.] APPLICATION FOR RENEWAL OF
SUCH LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A
FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY
DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE.
S 8. Paragraph (a) of subdivision 1 of section 248 of the agriculture
and markets law, as amended by chapter 490 of the laws of 2005, is
amended to read as follows:
(a) No person shall act as a dealer unless licensed as provided in
this article. Application shall be made upon such forms and at such
times as prescribed by the commissioner. Renewal applications shall be
submitted to the commissioner at least thirty days prior to the
[commencement of the next] EXPIRATION OF THE EXISTING license [year]. No
action will be taken on applications deemed incomplete by the commis-
sioner. The applicant shall furnish evidence of his or her good charac-
ter, financial statements, prepared and certified by a certified public
accountant when required by the commissioner, and evidence that he or
she has adequate physical facilities for receiving and handling farm
products or processing farm products if he or she is to act as a dealer.
The commissioner, if so satisfied, shall issue to such applicant, [upon
payment of twenty dollars, and] upon the filing of a bond or letter of
credit and upon payment of a fee to be deposited into the agricultural
producers security fund as hereinafter provided, a license entitling the
applicant to conduct the business of a dealer in farm products for a
period of one year. Notwithstanding any other provision of this section,
an applicant who intends to pay and a licensee who pays upon delivery
for purchases of farm products from producers, in cash, or cash equiv-
alent, including only certified or bank check, money order, electronic
funds transfer, or by debit card, shall be exempt from filing a bond or
S. 2008--A 43 A. 3008--A
letter of credit. In the event that a licensee who has been so exempted
from filing a bond or letter of credit fails to pay cash or a cash
equivalent upon delivery for any purchase of farm products from a
producer, such licensee shall file a bond or letter of credit as other-
wise required by this section with the commissioner no later than ten
business days from the date the commissioner notifies the licensee that
such bond or letter of credit is required.
S 9. Subdivision 5 of section 500 of the agriculture and markets law,
as amended by section 3 of part II of chapter 59 of the laws of 2009, is
amended to read as follows:
5. Licensure. No person shall maintain or operate a retail food store,
food service establishment or food warehouse unless such establishment
is licensed pursuant to the provisions of this article, provided, howev-
er, that establishments registered, permitted or licensed by the depart-
ment pursuant to other provisions of this chapter, under permit and
inspection by the state department of health or by a local health agency
which maintains a program certified and approved by the state commis-
sioner of health, or subject to inspection by the United States depart-
ment of agriculture pursuant to the federal meat, poultry or egg
inspection programs, shall be exempt from licensure under this article.
Application for licensure of a retail food store, food service estab-
lishment or food warehouse shall be made, upon a form prescribed by the
commissioner, on or before December first of every other year for the
registration period beginning January first following. Upon submission
of a completed application, together with the applicable licensing fee,
the commissioner shall ISSUE A license TO the retail food store, food
service establishment or food warehouse described in the application for
two years from the [applicable registration commencement period set
forth in this section] DATE OF ISSUANCE. The [licensing] LICENSE fee
shall be two hundred fifty dollars provided, however, that food ware-
houses shall pay a [licensing] LICENSE fee of four hundred dollars.
NOTWITHSTANDING THE PRECEDING SENTENCE, THE COMMISSIONER SHALL, UPON
SUBMISSION OF A COMPLETED APPLICATION FOR A NEW LICENSE BY AN APPLICANT
THAT IS A CHAIN STORE, AS DEFINED BY SUBDIVISION FIVE OF SECTION TWO
HUNDRED FIFTY-ONE-Z-TWO OF THIS CHAPTER, ISSUE SUCH LICENSE FOR A PERIOD
ENDING ON THE SAME DATE AS THE LICENSES OF THE OTHER CHAIN STORES THAT
ARE A PART OF THE SAME NETWORK.
S 10. Subdivision 1 of section 133-a of the agriculture and markets
law is amended by adding a new paragraph (c) to read as follows:
(C) NO FEE SHALL BE PAID BY ANY PERSON FOR ANY YEAR IN WHICH SUCH
PERSON DISTRIBUTED LESS THAN ONE HUNDRED TONS OF FEED INGREDIENTS AND
COMMERCIAL FEEDS IN THIS STATE.
S 11. This act shall take effect immediately.
PART W
Section 1. Legislative findings. The legislature hereby finds and
determines that the establishment of the utility debt securitization
authority under part B of chapter 173 of the laws of 2013 permitted the
issuance of securitized restructuring bonds on favorable terms which
resulted in lower aggregate distribution, transmission and transition
charges to Long Island ratepayers, compared to other available alterna-
tives, and the purposes of such act will be further advanced by amending
such act to permit the issuance of additional such bonds subject to a
limit on the outstanding principal amount thereof, including the poten-
S. 2008--A 44 A. 3008--A
tial issuance of such bonds by a newly created restructuring bond
issuer.
S 2. Subdivision 10 of section 2 of part B of chapter 173 of the laws
of 2013 relating to the issuance of securitized restructuring bonds to
refinance the outstanding debt of the Long Island power authority is
amended to read as follows:
10. "Restructuring bond issuer" means the corporate municipal instru-
mentality of the state created under PARAGRAPH A OR B OF SUBDIVISION ONE
OF section four of this act.
S 3. Subdivision 6 of section 3 of part B of chapter 173 of the laws
of 2013 relating to the issuance of securitized restructuring bonds to
refinance the outstanding debt of the Long Island power authority is
amended to read as follows:
6. Issuance of restructuring bonds. Within ninety days after receiving
notice of confirmation from the authority, the restructuring bond issuer
shall issue the restructuring bonds, in one or more series or tranches
and at one or more times, pursuant to the agreement to sell the restruc-
turing bonds. The restructuring bond issuer shall purchase the restruc-
turing property from the authority for a purchase price equal to the net
proceeds from the sale of the restructuring bonds less any amounts of
such proceeds required to fund or pay upfront financing costs. THE
AGGREGATE PRINCIPAL AMOUNT OF OUTSTANDING RESTRUCTURING BONDS AT ANY
TIME SHALL NOT EXCEED FOUR BILLION FIVE HUNDRED MILLION DOLLARS.
S 4. The section heading and subdivision 1 of section 4 of part B of
chapter 173 of the laws of 2013 relating to the issuance of securitized
restructuring bonds to refinance the outstanding debt of the Long Island
power authority is amended to read as follows:
Creation of restructuring bond [issuer] ISSUERS. 1. Creation of
restructuring bond [issuer] ISSUERS. (A) For the purpose of effectuat-
ing the purposes declared in section one of this act, there is hereby
created a special purpose corporate municipal instrumentality of the
state to be known as "utility debt securitization authority", which
shall be a body corporate and politic, a political subdivision of the
state, and a public benefit corporation, exercising essential govern-
mental and public powers for the good of the public. [The] SUCH restruc-
turing bond issuer shall not be created or organized, and its operations
shall not be conducted, for the purpose of making a profit. No part of
the revenues or assets of [the] SUCH restructuring bond issuer shall
inure to the benefit of or be distributable to its trustees or officers
or any other private persons, except as herein provided for actual
services rendered.
(B) FOR THE PURPOSE OF EFFECTUATING THE PURPOSES DECLARED IN SECTION
ONE OF THIS ACT, AND IN CONTEMPLATION OF SATISFACTION OF THE CONDITIONS
SET FORTH IN THE LAST SENTENCE OF THIS SUBDIVISION, THERE IS HEREBY
CREATED A SPECIAL PURPOSE CORPORATE MUNICIPAL INSTRUMENTALITY OF THE
STATE TO BE KNOWN AS "UTILITY DEBT SECURITIZATION AUTHORITY NO. 2",
WHICH SHALL BE A BODY CORPORATE AND POLITIC, A POLITICAL SUBDIVISION OF
THE STATE, AND A PUBLIC BENEFIT CORPORATION, EXERCISING ESSENTIAL
GOVERNMENTAL AND PUBLIC POWERS FOR THE GOOD OF THE PUBLIC. SUCH RESTRUC-
TURING BOND ISSUER SHALL NOT BE CREATED OR ORGANIZED, AND ITS OPERATIONS
SHALL NOT BE CONDUCTED, FOR THE PURPOSE OF MAKING A PROFIT. NO PART OF
THE REVENUES OR ASSETS OF SUCH RESTRUCTURING BOND ISSUER SHALL INURE TO
THE BENEFIT OF OR BE DISTRIBUTABLE TO ITS TRUSTEES OR OFFICERS OR ANY
OTHER PRIVATE PERSONS, EXCEPT AS HEREIN PROVIDED FOR ACTUAL SERVICES
RENDERED. SUCH RESTRUCTURING BOND ISSUER SHALL ISSUE NO RESTRUCTURING
BONDS UNLESS AND UNTIL THE AUTHORITY BY RESOLUTION SHALL HAVE FOUND AND
S. 2008--A 45 A. 3008--A
DETERMINED THAT ON THE BASIS OF THE DOCUMENTS AND OPINIONS PRESENTED TO
IT, THE TERMS OF SALE OF SUCH BONDS ARE, AT SUCH TIME, REASONABLY
EXPECTED TO BE MORE FAVORABLE THAN SUCH TERMS WOULD BE IF SUCH RESTRUC-
TURING BONDS WERE TO BE ISSUED BY THE RESTRUCTURING BOND ISSUER CREATED
BY PARAGRAPH (A) OF THIS SUBDIVISION.
S 5. Subparagraph (i) of paragraph (a) of subdivision 2 of section 4
of part B of chapter 173 of the laws of 2013 relating to the issuance of
securitized restructuring bonds to refinance the outstanding debt of the
Long Island power authority is amended to read as follows:
(i) issue the restructuring bonds contemplated by a restructuring cost
financing order, and use the proceeds thereof to purchase or acquire,
and to own, hold and use restructuring property or to pay or fund
upfront financing costs [provided, however, that the restructuring bond
issuer shall only issue and sell restructuring bonds once];
S 6. This act shall take effect immediately.
PART X
Section 1. Section 171 of the navigation law, as amended by chapter 35
of the laws of 1985, is amended to read as follows:
S 171. Purposes. It is the purpose of this article to ensure a clean
environment and healthy economy for the state by preventing the unregu-
lated discharge of petroleum which may result in damage to lands, waters
or natural resources of the state by authorizing the department of envi-
ronmental conservation to PREPARE FOR AND respond quickly to such
discharges and effect prompt cleanup and removal of such discharges,
giving first priority to minimizing environmental damage, and by provid-
ing for liability for damage sustained within the state as a result of
such discharges.
S 2. Subdivision 1 of section 172 of the navigation law, as added by
chapter 845 of the laws of 1977, is amended to read as follows:
1. "Administrator" means the [chief executive, within] PERSON DESIG-
NATED BY the [department] COMMISSIONER of [audit and control, of] ENVI-
RONMENTAL CONSERVATION TO ADMINISTER the New York environmental
protection and spill compensation fund;
S 3. Paragraphs (a), (b) and (d) of subdivision 4 of section 174 of
the navigation law, paragraph (a) as amended by section 1 of part E of
chapter 413 of the laws of 1999, paragraph (b) as amended by chapter 512
of the laws of 1986 and paragraph (d) as added by section 21 of part A
of chapter 58 of the laws of 1998, are amended to read as follows:
(a) The license fee shall be [one cent] NINE AND ONE-HALF CENTS per
barrel transferred [until the balance in such account established by
paragraph (a) of subdivision two of section one hundred seventy-nine of
this article equals or exceeds twenty-five million dollars], provided,
however, that the fee on any barrel, including any products derived
therefrom, subject to multiple transfer, shall be imposed only once at
the point of first transfer. In each fiscal year following any year in
which the balance of [such] THE account ESTABLISHED BY PARAGRAPH (A) OF
SUBDIVISION TWO OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE
equals or exceeds [twenty-five] FORTY million dollars, no license fee
shall be imposed unless (a) the current balance in such account is less
than [twenty] THIRTY-FIVE million dollars or (b) pending claims against
such account exceed fifty percent of the existing balance of such
account. [The provisions of the foregoing notwithstanding, should claims
paid from such account not exceed five million dollars within three
years after the license fee is first imposed, the license fee shall be
S. 2008--A 46 A. 3008--A
one cent per barrel transferred until the balance in such account equals
or exceeds eighteen million dollars, and thereafter shall not be imposed
unless: (1) the current balance in such account is less than fifteen
million dollars or (2) pending claims against such account exceed fifty
percent of the existing balance of such account.] In the event of either
such occurrence and upon certification thereof [by the state comp-
troller], the administrator shall within ten days of the date of such
certification reimpose the license fee, which shall take effect on the
first day of the month following such relevy. [In the event of a major
discharge or series of discharges resulting in claims against such
account exceeding the existing balance of such account, the license fee
shall be imposed at the rate of eight cents per barrel transferred until
the balance in such account equals pending claims against such account;
provided, however, that the] THE rate may be set at less than [eight]
NINE AND ONE-HALF cents per barrel transferred if the administrator
determines that the revenue produced by such lower rate shall be suffi-
cient to pay outstanding claims against such account within one year of
such imposition of the license fee. [Should such account exceed eighteen
million dollars or twenty-five million dollars, as herein provided, as a
result of interest, the administrator and the commissioner of environ-
mental conservation shall report to the legislature and the governor
concerning the options for the use of such interest.] The fee estab-
lished by this paragraph shall not be imposed upon any barrel which is
transferred to a land based facility but thereafter exported from this
state for use outside the state and is shipped to facilities outside the
state regardless of whether the delivery or sale of such petroleum
occurs in this state.
(b) The surcharge on the license fee shall be [two and one-half cents
per barrel for each barrel transferred on or after June first, nineteen
hundred eighty-five but before February first, nineteen hundred eighty-
eight. Such surcharge shall be three and one-half cents per barrel for
each barrel transferred on or after February first, nineteen hundred
eighty-eight, but before February first, nineteen hundred ninety. Such
surcharge shall be] four and one-quarter cents per barrel for each
barrel transferred on or after February first, nineteen hundred ninety.
(d) The surcharge established by paragraph (b) of this subdivision
shall be [one and one-half] THIRTEEN AND THREE QUARTERS cents per barrel
for any barrel that is transferred but thereafter exported from this
state for use outside the state as described by paragraph (a) of this
subdivision. TWELVE AND ONE-QUARTER CENTS OF SUCH SURCHARGE SHALL BE
CREDITED TO THE ACCOUNT ESTABLISHED BY PARAGRAPH (A) OF SUBDIVISION TWO
OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE.
S 4. Paragraph (a) of subdivision 2 of section 179 of the navigation
law, as amended by section 2 of part I of chapter 577 of the laws of
2004, is amended to read as follows:
(a) An account which shall be credited with all license fees and
penalties collected pursuant to paragraph (b) of subdivision one and
paragraph (a) of subdivision four of section one hundred seventy-four of
this article, THE PORTION OF THE SURCHARGE COLLECTED PURSUANT TO PARA-
GRAPH (D) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTY-FOUR OF
THIS SECTION, penalties collected pursuant to paragraph (b) of subdivi-
sion four of section one hundred seventy-four-a of this article, money
collected pursuant to section one hundred eighty-seven of this article,
all penalties collected pursuant to section one hundred ninety-two of
this article, and registration fees collected pursuant to subdivision
two of section 17-1009 of the environmental conservation law.
S. 2008--A 47 A. 3008--A
S 5. The opening paragraph and subdivisions 4 and 5 of section 180 of
the navigation law, the opening paragraph and subdivision 4 as added by
chapter 845 of the laws of 1977 and subdivision 5 as amended by chapter
35 of the laws of 1985, are amended to read as follows:
The [state comptroller] COMMISSIONER shall appoint and supervise an
administrator of the fund. The administrator shall be the chief execu-
tive of the fund and shall have the following powers and duties:
4. To certify the amount of claims and names of claimants [to the
state comptroller];
5. To disburse moneys from the fund for cleanup and removal costs
pursuant to a certification of claims [by the commissioner].
S 6. Subdivisions 7 and 9 of section 185 of the navigation law, as
added by chapter 672 of the laws of 1991, are amended to read as
follows:
7. Within sixty calendar days from the close of such hearing and after
due consideration of the written and oral statements and testimony and
arguments filed pursuant to this section, or on default in appearance on
said return day, the administrator shall make [his] A final determi-
nation on the validity or amount of the damage claims or claims for
cleanup and removal costs filed by the injured persons. The administra-
tor shall notify the claimant and, if known, the alleged discharger
thereof in writing by registered mail.
9. Upon a determination by the administrator that provides for an
award to the claimants, the administrator [shall certify the amount of
the award and the name of the claimant to the state comptroller, who]
shall pay the award from the fund. In any case in which a person respon-
sible for the discharge seeks judicial review, reasonable attorney's
fees and costs shall be awarded to the claimant if the determination of
the administrator is affirmed.
S 7. Subdivisions 1 and 2 of section 186 of the navigation law, as
amended by chapter 38 of the laws of 1985, subdivision 1 as separately
amended by chapter 35 of the laws of 1985, paragraph (c) of subdivision
2 as amended by chapter 672 of the laws of 1991 and paragraph (e) of
subdivision 2 as added by chapter 83 of the law of 1995, are amended to
read as follows:
1. (a) Moneys in the account established by paragraph (a) of subdivi-
sion two of section one hundred seventy-nine of this part shall be
disbursed by the administrator[, upon certification by the commission-
er,] for the purpose of costs incurred under section one hundred seven-
ty-six of this article.
(b) Moneys in the account established by paragraph (b) of subdivision
two of section one hundred seventy-nine of this part shall, within
forty-five days of the close of each license fee period, be deposited by
the administrator[,] in the hazardous waste remedial fund created pursu-
ant to section ninety-seven-b of the state finance law for expenditure
pursuant to such section[; provided, however, that the state comptroller
shall cause the administrator to reimburse the commissioner for the
reasonable costs of collecting the surcharge during those times when the
license fee is not imposed].
2. Moneys in the account established by paragraph (a) of subdivision
two of section one hundred seventy-nine of this part, AS MAY BE APPRO-
PRIATED BY THE LEGISLATURE, shall be disbursed by the administrator,
upon certification by him OR HER, for the following purposes:
(a) Damages as defined in section one hundred eighty-one of this arti-
cle;
S. 2008--A 48 A. 3008--A
(b) Such sums as may be necessary for research on the prevention and
the effects of spills of petroleum on the environment and on the devel-
opment AND TESTING of improved cleanup, CONTAINMENT and removal oper-
ations [as may be appropriated by the legislature; provided, however,
that such sums shall not exceed the amount of interest which is credited
to the account established by paragraph (a) of subdivision two of
section one hundred seventy-nine of this part];
(c) Such sums as may be necessary for the general administration of
the fund, equipment and personnel costs of the department [of environ-
mental conservation] and any other state agency related to the enforce-
ment of this article [as may be appropriated by the legislature];
(d) Such sums as may be [appropriated by the legislature] NECESSARY
for research and demonstration programs concerning the causes and abate-
ment of ocean pollution[; provided, however, that such sums shall not
exceed the amount of interest which is credited to the account estab-
lished by paragraph (a) of subdivision two of section one hundred seven-
ty-nine of this part].
(e) Such sums as may be necessary for the general administration,
equipment and personnel costs of the department [of environmental
conservation] related to the administration and enforcement of the
petroleum bulk storage program established pursuant to title ten of
article seventeen of the environmental conservation law.
(F) SUCH SUMS AS MAY BE NECESSARY FOR THE ACQUISITION AND MAINTENANCE
OF PETROLEUM SPILL PREVENTION, RESPONSE OR PERSONAL SAFETY EQUIPMENT AND
SUPPLIES AND TRAINING FOR STATE AND LOCAL GOVERNMENT ENTITIES, INCLUDING
EMERGENCY SERVICES AGENCIES AND PERSONNEL.
(G) SUCH SUMS AS MAY BE NECESSARY FOR PETROLEUM SPILL RESPONSE DRILLS
AND EXERCISES.
(H) SUCH SUMS AS MAY BE NECESSARY FOR IDENTIFICATION, MAPPING, AND
ANALYSIS OF POPULATIONS, ENVIRONMENTALLY SENSITIVE AREAS, AND RESOURCES
AT RISK FROM SPILLS OF PETROLEUM AND RELATED IMPACTS; AND THE DEVELOP-
MENT, IMPLEMENTATION, AND UPDATING OF CONTINGENCY PLANS, INCLUDING
GEOGRAPHIC RESPONSE PLANS, TO PROTECT THOSE POPULATIONS, SENSITIVE ENVI-
RONMENTS, AND RESOURCES IN THE EVENT OF A SPILL OF PETROLEUM OR RELATED
IMPACTS.
S 8. Section 191 of the navigation law, as amended by chapter 35 of
the laws of 1985, is amended to read as follows:
S 191. [Joint rules and regulations] RULES. The commissioner [and the
state comptroller are] IS authorized to adopt, amend, repeal, and
enforce such rules and regulations pursuant to the state administrative
procedure act[, as they] THAT THE COMMISSIONER may deem necessary to
accomplish the purposes of this article.
S 9. Section 192 of the navigation law, as added by chapter 845 of the
laws of 1977, is amended to read as follows:
S 192. Enforcement of article; penalties. Any person who knowingly
gives or causes to be given any false information as a part of, or in
response to, any claim made pursuant to this article for cleanup and
removal costs, direct or indirect damages resulting from a discharge, or
who otherwise violates any of the provisions of this article or any rule
promulgated thereunder or who fails to comply with any duty created by
this article shall be liable to a penalty of not more than twenty-five
thousand dollars for each offense. SUCH PENALTY MAY BE ASSESSED BY THE
COMMISSIONER AFTER A HEARING OR AN OPPORTUNITY TO BE HEARD OR in a court
of competent jurisdiction. If the violation is of a continuing nature
each day during which it continues shall constitute an additional, sepa-
rate and distinct offense.
S. 2008--A 49 A. 3008--A
S 10. Section 196 of the navigation law, as amended by chapter 35 of
the laws of 1985, is amended to read as follows:
S 196. Reports. The commissioner [and the administrator] shall make an
annual report to the legislature and the governor which shall describe
the quality and quantity of spills of petroleum, the costs and damages
paid by and recovered for the fund, and the economic and environmental
impact on the state as a result of the administration of this article.
S 11. Subdivision 6 of section 200 of the navigation law, such section
as renumbered by chapter 845 of the laws of 1977, is renumbered subdivi-
sion 7 and a new subdivision 6 is added to read as follows:
6. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION MAY, AFTER A HEARING
OR AN OPPORTUNITY TO BE HEARD, ASSESS A PENALTY OF UP TO TWENTY-FIVE
THOUSAND DOLLARS PER DAY FOR ANY VIOLATION OF OR A FAILURE TO COMPLY
WITH ANY PROVISION CONTAINED IN ARTICLE TWELVE OF THIS CHAPTER, OR ANY
LAWFUL NOTICE, ORDER OR REGULATION PRESCRIBED BY THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION UNDER SUCH PROVISION.
S 12. Subdivision 2 of section 97-b of the state finance law, as
amended by section 4 of part I of chapter 1 of the laws of 2003, is
amended to read as follows:
2. Such fund shall consist of all of the following:
(a) moneys appropriated for transfer to the fund's site investigation
and construction account; (b) all fines and other sums accumulated in
the fund prior to April first, nineteen hundred eighty-eight pursuant to
section 71-2725 of the environmental conservation law for deposit in the
fund's site investigation and construction account; (c) all moneys
collected or received by the department of taxation and finance pursuant
to section 27-0923 of the environmental conservation law for deposit in
the fund's industry fee transfer account; (d) all moneys paid into the
fund pursuant to section 72-0201 of the environmental conservation law
which shall be deposited in the fund's industry fee transfer account;
(e) all moneys paid into the fund pursuant to PARAGRAPH (B) OF SUBDIVI-
SION ONE OF section one hundred eighty-six of the navigation law which
shall be deposited in the fund's industry fee transfer account; (f) all
moneys paid into the fund by municipalities for repayment of landfill
closure loans made pursuant to title five of article fifty-two of the
environmental conservation law for deposit in the fund's site investi-
gation and construction account; (g) all monies recovered under sections
56-0503, 56-0505 and 56-0507 of the environmental conservation law into
the fund's environmental restoration project account; (h) all fees paid
into the fund pursuant to section 72-0403 of the environmental conserva-
tion law which shall be deposited in the fund's industry fee transfer
account; (i) payments received for all state costs incurred in negotiat-
ing and overseeing the implementation of brownfield site cleanup agree-
ments pursuant to title fourteen OF ARTICLE TWENTY-SEVEN of the environ-
mental conservation law shall be deposited in the hazardous waste
remediation oversight and assistance account; and (j) other moneys cred-
ited or transferred thereto from any other fund or source for deposit in
the fund's site investigation and construction account.
S 13. Continuation of rules and regulations pertaining to the adminis-
tration of the New York environmental protection and spill compensation
fund. Upon the transfer of the functions and powers possessed by the New
York state comptroller in regard to the administration of the New York
environmental protection and spill compensation fund pursuant to the
navigation law to the department of environmental conservation as
prescribed by this act, all rules, regulations, acts, orders, determi-
nations and decisions, pertaining to the functions transferred by this
S. 2008--A 50 A. 3008--A
act to the department of environmental conservation shall continue in
force and effect as rules, regulations, acts, determinations and deci-
sions of the department of environmental conservation, unless duly modi-
fied or repealed.
S 14. This act shall take effect immediately; provided, however, that
to allow for an orderly transition of work the department of environ-
mental conservation and the state comptroller may have until October 1,
2015 to transfer all functions associated with the administration of the
environmental protection and spill compensation fund as required by
sections two and five of this act; provided further that the increased
fees established pursuant to paragraphs (a) and (d) of subdivision 4 of
section 174 of the navigation law as amended by section three of this
act shall take effect on September 1, 2015 and shall apply to any barrel
that is transferred on and after such date.
PART Y
Section 1. The opening paragraph of subdivision 1 and subdivision 3 of
section 72-0303 of the environmental conservation law, the opening para-
graph of subdivision 1 as amended by section 1 of part BBB of chapter 59
of the laws of 2009 and subdivision 3 as amended by section 1 of part D
of chapter 413 of the laws of 1999, are amended to read as follows:
COMMENCING JANUARY FIRST, TWO THOUSAND FIFTEEN AND EVERY YEAR THERE-
AFTER, ALL SOURCES OF REGULATED AIR CONTAMINANTS IDENTIFIED PURSUANT TO
SUBDIVISION ONE OF SECTION 19-0311 OF THIS CHAPTER SHALL SUBMIT TO THE
DEPARTMENT AN ANNUAL BASE FEE OF TWO THOUSAND FIVE HUNDRED DOLLARS. THIS
BASE FEE SHALL BE IN ADDITION TO THE FEES LISTED BELOW. Commencing Janu-
ary first, nineteen hundred ninety-four and every year thereafter all
sources of regulated air contaminants identified pursuant to subdivision
one of section 19-0311 of this chapter shall submit to the department an
annual fee [of forty-five dollars per ton] NOT TO EXCEED THE PER TON
FEES DESCRIBED BELOW. THE PER TON FEE IS ASSESSED ON EACH TON OF EMIS-
SIONS up to seven thousand tons annually of each regulated air contam-
inant as follows: [forty-five] SIXTY dollars per ton for facilities
with total emissions less than one thousand tons annually; [fifty]
SEVENTY dollars per ton for facilities with total emissions of one thou-
sand or more but less than two thousand tons annually; [fifty-five]
EIGHTY dollars per ton for facilities with total emissions of two thou-
sand or more but less than five thousand tons annually; and [sixty-five]
NINETY dollars per ton for facilities with total emissions of five thou-
sand or more tons annually. Such fee shall be sufficient to support an
appropriation approved by the legislature for the direct and indirect
costs associated with the operating permit program established in
section 19-0311 of this chapter. Such fee shall be established by the
department and shall be calculated by dividing the amount of the current
year appropriation from the operating permit program account of the
clean air fund by the total tons of emissions of regulated air contam-
inants that are subject to the operating permit program fees from sourc-
es subject to the operating permit program pursuant to section 19-0311
of this chapter up to seven thousand tons annually of each regulated air
contaminant from each source; provided that, in making such calculation,
the department shall adjust their calculation to account for any deficit
or surplus in the operating permit program account of the clean air fund
established pursuant to section ninety-seven-oo of the state finance
law; any loan repayment from the mobile source account of the clean air
fund established pursuant to section ninety-seven-oo of the state
S. 2008--A 51 A. 3008--A
finance law; and the rate of collection by the department of the bills
issued for the fee for the prior year.
3. Effective January first, [nineteen hundred ninety-seven through
December thirty-first, nineteen hundred ninety-eight, and notwithstand-
ing the requirements of the state administrative procedure act, the cap
of twenty-five dollars per ton] TWO THOUSAND SIXTEEN AND ANNUALLY THERE-
AFTER, THE BASE FEES AND PER TON FEES LISTED IN SUBDIVISION ONE OF THIS
SECTION shall increase by the percentage, if any, by which the consumer
price index exceeds the consumer price index for the PRIOR calendar year
[nineteen hundred eighty-nine].
[a.] The consumer price index for any calendar year is the average of
the consumer price index for all urban consumers published by the United
States department of labor, as of the close of the twelve-month period
ending on August thirty-first of each calendar year.
[b. The revision of the consumer price index for the calendar year
nineteen hundred eighty-nine shall be used in the event the department
of labor revises its method of determining the consumer price index.]
S 2. Section 72-0302 of the environmental conservation law, as amended
by chapter 608 of the laws of 1993, the opening paragraph of subdivision
1 and the closing paragraph as amended by chapter 432 of the laws of
1997, paragraph e as amended and paragraphs f and g of subdivision 1 as
relettered by chapter 170 of the laws of 1994, is amended to read as
follows:
S 72-0302. State air quality control fees.
1. All persons, except those required to pay a fee under section
72-0303 of this [article] TITLE, who are required to obtain a permit,
[certificate] REGISTRATION or approval pursuant to the state air quality
control program shall submit to the department a [per emission point]
fee in an amount established as follows:
a. [$11,000.00] $2,500.00 for a stationary [combustion installation
having a maximum operating heat input equal to or greater than fifty
million British thermal units per hour as stated on the most recent
application for a permit to construct or application for a certificate
to operate and which emits or has the potential to emit equal to or
greater than any one of the following:
(i) one hundred tons per year of oxides of nitrogen, or if located in
a severe ozone nonattainment area, twenty-five tons per year; or
(ii) one hundred tons per year of sulfur dioxide; or
(iii) one hundred tons per year of particulates] SOURCE SUBJECT TO A
STATE FACILITY PERMIT.
b. [$2,000.00] $250.00 for [all] A stationary [combustion installa-
tions which are not included under paragraph a of this subdivision and
which have a maximum operating heat input greater than fifty million
British thermal units per hour as stated on the most recent application
for a certificate to operate] SOURCE SUBJECT TO A MINOR FACILITY REGIS-
TRATION FROM THE DEPARTMENT.
c. [$100.00] $2,500.00 for a [stationary combustion installation
having a maximum operating heat input less than fifty million British
thermal units per hour as stated on the most recent application for a
certificate to operate] FACILITY WITH ANY OTHER OPERATING APPROVAL.
[d. $2,000.00 for a process air contamination source for an annual
emission rate equal to or greater than twenty-five tons per year of any
one of the following: sulfur dioxide, nitrogen dioxide, total particu-
lates, carbon monoxide, total volatile organic compounds and other
specific air contaminants. The annual emission rate shall be the actual
annual emission rate as stated on the most recent application for a
S. 2008--A 52 A. 3008--A
permit to construct or application for a certificate to operate. In the
event that hours of operation have not been specified on the applica-
tions then maximum possible hours of operation (8760 hours) will be used
to calculate actual annual emissions.
e. $160.00 for a process air contamination source, except a gasoline
dispencing site, for an annual emission rate less than twenty-five tons
per year of any one of the following: sulfur dioxide, nitrogen dioxide,
total particulates, carbon monoxide, total volatile organic compounds
and other specific air contaminants. The annual emission rate shall be
the actual annual emission rate as applied for on the most recent appli-
cation for a permit to construct or application for a certificate to
operate. In the event that hours of operation have not been specified on
the applications then maximum possible hours of operation (8760 hours)
will be used to calculate actual annual emissions.
f. $2,000.00 for an incinerator capable of charging two thousand
pounds of refuse per hour or greater. The charging capacity will be
established in accordance with the application for the most recent
permit to construct or application for a certificate to operate the
incinerator source and will be calculated on an emission point basis.
g. $160.00 for an incinerator with a maximum design charge rate of
less than two thousand pounds of refuse per hour. The charging capacity
will be established in accordance with the application for the most
recent permit to construct or application for a certificate to operate
the incinerator source and will be calculated on an emission point
basis.]
Provided, however, that where a city or county is delegated the
authority to administer the state air quality control program, or any
portion thereof, pursuant to paragraph p of subdivision two of section
3-0301 of this chapter and such city or county collects a fee in
connection with the issuance of a permit, [certificate] REGISTRATION, or
approval for a [combustion installation, incinerator or process air
contamination] STATIONARY source SUBJECT TO A STATE FACILITY PERMIT,
MINOR FACILITY REGISTRATION OR OTHER OPERATING APPROVAL, no additional
liability for fees under this section shall accrue for the [particular
combustion installation, incinerator or process air contamination]
source that is subject to the delegation.
2. NOTWITHSTANDING THE REQUIREMENTS OF THE STATE ADMINISTRATIVE PROCE-
DURE ACT, BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN AND ANNUALLY
THEREAFTER, THE FEES LISTED IN SUBDIVISION ONE OF THIS SECTION SHALL
INCREASE BY THE PERCENTAGE, IF ANY, BY WHICH THE CONSUMER PRICE INDEX
EXCEEDS THE CONSUMER PRICE INDEX FOR THE PRIOR CALENDAR YEAR. THE
CONSUMER PRICE INDEX FOR ANY CALENDAR YEAR IS THE AVERAGE OF THE CONSUM-
ER PRICE INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE UNITED STATES
DEPARTMENT OF LABOR, AS OF THE CLOSE OF THE TWELVE-MONTH PERIOD ENDING
ON AUGUST THIRTY-FIRST OF EACH CALENDAR YEAR. SUCH CALCULATIONS AND FEES
SHALL BE ESTABLISHED AS A RULE BY PUBLICATION IN THE ENVIRONMENTAL
NOTICE BULLETIN NO LATER THAN THIRTY DAYS AFTER THE BUDGET BILLS MAKING
APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT ARE ENACTED OR JULY FIRST,
WHICHEVER IS LATER, OF THE YEAR SUCH FEE WILL BE EFFECTIVE.
S 3. Subdivisions a, b, c, d, e, f, g, h, i, j, k, l, m, n, q and t of
section 72-0602 of the environmental conservation law, paragraphs a, b,
c, d, e, f, g, h, q and t as amended by section 1 of part JJ of chapter
59 of the laws of 2009, subdivision i as amended by section 1 of part T1
of chapter 62 of the laws of 2003, and subdivisions j, k, l, m and n as
amended by chapter 62 of the laws of 1989, are amended to read as
follows:
S. 2008--A 53 A. 3008--A
a. [$300.00] $375.00 for any P/C/I facilities having a permit to
discharge or discharging at an average daily rate of less than 100,000
gallons;
b. [$600.00] $750.00 for P/C/I facilities having a permit to discharge
or discharging at an average daily rate of 100,000 gallons or more;
c. [$600.00] $750.00 for industrial facilities having a permit to
discharge or discharging at an average daily rate of less than 10,000
gallons;
d. [$2,000.00] $2,300.00 for industrial facilities having a permit to
discharge or discharging at an average daily rate of between 10,000
gallons and 99,999 gallons;
e. [$6,000.00] $7,250.00 for industrial facilities having a permit to
discharge or discharging at an average daily rate of between 100,000
gallons and 499,999 gallons;
f. [$20,000.00] $25,000.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of between 500,000
and 999,999 gallons;
g. [$30,000.00] $37,000.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of between
1,000,000 and 9,999,999 gallons;
h. [$50,000.00] $58,000.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of 10,000,000
gallons or more;
i. [$50,000.00] $58,000.00 for any power plant;
j. [$375.00] $450.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of less than 200,000
gallons;
k. [$1,875.00] $2,000.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of between 200,000 and
999,999 gallons;
l. [$7,500.00] $8,000.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of between 1,000,000
and 4,999,999 gallons;
m. [$15,000.00] $15,500.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of between 5,000,000
and 39,999,999 gallons;
n. [$37,500.00] $38,500.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of 40,000,000 gallons
or more;
q. [$100.00] $125.00 per acre disturbed plus [$600.00] $700.00 per
future impervious acre for any facility, not owned or managed by a local
government or a state department, agency, or authority, discharging or
authorized to discharge pursuant to a SPDES permit for stormwater
discharges from construction activity. For the purposes of this subdivi-
sion, acres disturbed are acres subject to clearing, grading, or exca-
vating subject to SPDES permitting and future impervious acres are acres
that will be newly paved or roofed during construction;
t. [$100.00] $150.00 for any facility, other than a municipal separate
storm sewer as defined by 40 CFR S122.26 (b) (8), discharging or author-
ized to discharge pursuant to a general permit unless a specific fee is
imposed pursuant to subdivisions a through s of this section for such
discharge or authorization to discharge.
S 4. Section 72-0602 of the environmental conservation law is amended
by adding a new closing paragraph to read as follows:
NOTWITHSTANDING THE PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE
ACT, BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN AND ANNUALLY THERE-
S. 2008--A 54 A. 3008--A
AFTER, THE FEES LISTED ABOVE SHALL INCREASE BY THE PERCENTAGE, IF ANY,
BY WHICH THE CONSUMER PRICE INDEX EXCEEDS THE CONSUMER PRICE INDEX FOR
THE PRIOR CALENDAR YEAR. THE CONSUMER PRICE INDEX FOR ANY CALENDAR YEAR
IS THE AVERAGE OF THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS
PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR, AS OF THE CLOSE OF
THE TWELVE-MONTH PERIOD ENDING ON AUGUST THIRTY-FIRST OF EACH CALENDAR
YEAR. SUCH CALCULATIONS AND FEES SHALL BE ESTABLISHED AS A RULE BY
PUBLICATION IN THE ENVIRONMENTAL NOTICE BULLETIN NO LATER THAN THIRTY
DAYS AFTER THE BUDGET BILLS MAKING APPROPRIATIONS FOR THE SUPPORT OF
GOVERNMENT ARE ENACTED OR JULY FIRST, WHICHEVER IS LATER, OF THE YEAR
SUCH FEE WILL BE EFFECTIVE.
S 5. This act shall take effect immediately and shall apply to all
bills issued on and after January 1, 2015.
PART Z
Section 1. Subdivision 3 of section 15-1525 of the environmental
conservation law, as amended by section 2 of part F of chapter 59 of the
laws of 2006, is amended to read as follows:
3. The certificate of registration shall require that, before the
commencement of drilling of any well or wells, the water well driller
shall file a preliminary notice with the department; it shall also
provide that upon the completion of the drilling of any water well or
water wells, a completion report be filed with the department, giving
the log of the well, the size and depth thereof, the capacity of the
pump or pumps attached or to be attached thereto, and such other infor-
mation pertaining to the withdrawal of water and operation of such water
well or water wells as the department by its rules and regulations may
require. The water well driller shall provide a copy of such completion
report to the water well owner. The number of the certificate of regis-
tration must be displayed on the well drilling machinery of the regis-
trant. The certificate of registration shall also contain a notice to
the certificate holder that the business activities authorized by such
certificate are subject to the provisions of article thirty-six-A of the
general business law. [The fee for such certificate of registration
shall be ten dollars annually.] The commissioner shall promulgate a
water well completion report form which shall be utilized by all water
well drillers in satisfying the requirements of this section and any
other provision of state or local law which requires the submission of a
water well completion report or water well log.
S 2. This act shall take effect immediately.
PART AA
Section 1. Paragraph 4 of subdivision (a) of section 83 of the state
finance law, as amended by chapter 512 of the laws of 1994, is amended
to read as follows:
4. (i) There is hereby created a special account within the conserva-
tion fund to be known as the state fish and game trust account to
consist of all moneys received by the state from the sale of lifetime
hunting, fishing, trapping, archery and muzzle-loading licenses pursuant
to section 11-0702 of the environmental conservation law. The state
comptroller shall invest the moneys in such account in securities as
defined by section ninety-eight-a of this article, EXCEPT AS PROVIDED IN
SUBPARAGRAPH (III) OF THIS PARAGRAPH. Any income earned by the invest-
ment of such moneys, except income transferred to the conservation fund
S. 2008--A 55 A. 3008--A
pursuant to subparagraph (iii) of this paragraph, shall be added to and
become a part of, and shall be used for the purposes of such account.
(ii) The state comptroller shall provide an annual report of the trust
account which lists the amount of the principal, THE PRINCIPAL TRANS-
FERRED TO THE HABITAT CONSERVATION AND ACCESS ACCOUNT PURSUANT TO
SUBPARAGRAPH (III) OF THIS PARAGRAPH, the earned income, the earned
income accrued to the principal, and the earned income transferred to
the conservation fund pursuant to subparagraph (iii) of this paragraph
not later than April tenth of each year for the state fiscal year ending
the immediately preceding March thirty-first. A copy of such report
shall be transmitted, forthwith, to the director of the division of the
budget, the chairman of the senate finance committee, the chairman of
the assembly ways and means committee, the commissioner of the depart-
ment of environmental conservation and each of the eleven members of the
conservation fund advisory [council] BOARD, created pursuant to section
[seven hundred] 11-0327 of the [executive] ENVIRONMENTAL CONSERVATION
law.
(iii) Earned income from the sale of all lifetime licenses, except
income earned on the proceeds of the sale of a lifetime license during
the period from sale of such license until April first of the year
following one full year of deposit of the proceeds of the sale of such
lifetime license, shall be available for deposit within the conservation
fund pursuant to paragraph one of this subdivision in an amount equal to
the cost of the appropriate annual license. The earned income which
exceeds the current cost of each annual license comparable to the life-
time license, shall be added to the trust account as principal. The
earned income from lifetime licenses issued to persons who are under the
legal age to implement such licenses shall be added to the trust account
as principal until such person becomes of legal age to hunt, fish or
trap. BEGINNING APRIL FIRST, TWO THOUSAND FIFTEEN, UP TO ONE MILLION
FIVE HUNDRED THOUSAND DOLLARS ANNUALLY FROM THE STATE FISH AND GAME
TRUST ACCOUNT SHALL BE AVAILABLE FOR DEPOSIT WITHIN THE HABITAT CONSER-
VATION AND ACCESS ACCOUNT ESTABLISHED PURSUANT TO SECTION EIGHTY-THREE-A
OF THIS ARTICLE.
S 2. Subdivision (h) of section 83 of the state finance law is
REPEALED.
S 3. The state finance law is amended by adding a new section 83-a to
read as follows:
S 83-A. HABITAT CONSERVATION AND ACCESS ACCOUNT. (A) THERE IS HEREBY
CREATED AN ACCOUNT WITHIN THE MISCELLANEOUS CAPITAL PROJECTS FUND, THE
HABITAT CONSERVATION AND ACCESS ACCOUNT. THE HABITAT CONSERVATION AND
ACCESS ACCOUNT SHALL CONSIST OF ALL MONEYS FROM FUNDS OF THE STATE FISH
AND GAME TRUST ACCOUNT AUTHORIZED TO BE DEPOSITED PURSUANT TO SUBPARA-
GRAPH (III) OF PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
OF THIS ARTICLE RECEIVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
FROM THE SALE OF LIFETIME LICENSES FOR HUNTING, TRAPPING, AND FISHING,
AND ALL MONEYS, REVENUES AND INTEREST THEREON RECEIVED AS A RESULT OF
THE APPLICATION OF SUBDIVISION SEVENTEEN OF SECTION 11-0305 OF THE ENVI-
RONMENTAL CONSERVATION LAW AUTHORIZING THE ISSUANCE AND SALE OF VOLUN-
TARY HABITAT STAMPS, OTHER THAN THE AMOUNT RETAINED BY THE ISSUING AGENT
OR OFFICER. THE HABITAT CONSERVATION AND ACCESS ACCOUNT SHALL BE
SUBJECT TO THE SAME RESTRICTIONS AND PROTECTIONS AS THE CONSERVATION
FUND.
(B) THESE MONEYS, AFTER APPROPRIATION BY THE LEGISLATURE, AND WITHIN
THE AMOUNTS SET FORTH AND FOR THE SEVERAL PURPOSES SPECIFIED, SHALL BE
AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE CAPI-
S. 2008--A 56 A. 3008--A
TAL EXPENSES ASSOCIATED WITH MANAGEMENT, PROTECTION, AND RESTORATION OF
FISH AND WILDLIFE HABITATS, AND IMPROVEMENT AND DEVELOPMENT OF PUBLIC
ACCESS FOR FISH AND WILDLIFE RELATED RECREATION.
(C) ALL PAYMENTS MADE FROM THE HABITAT CONSERVATION AND ACCESS ACCOUNT
SHALL BE MADE BY THE DEPARTMENT OF TAXATION AND FINANCE AFTER AUDIT AND
UPON WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION. AFTER APPROPRIATIONS MADE AVAILABLE FROM
THE HABITAT CONSERVATION AND ACCESS ACCOUNT SHALL CEASE TO HAVE FORCE
AND EFFECT, ANY BALANCES REMAINING UNEXPENDED AND NOT REQUIRED TO MEET
THE PROPER AND NECESSARY EXPENSES OF THE DIVISION OF FISH AND WILDLIFE
SHALL REVERT TO THE STATE FISH AND GAME TRUST ACCOUNT ESTABLISHED PURSU-
ANT TO PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE OF THIS
ARTICLE.
(D) NO FUNDS MAY BE TRANSFERRED OR USED IN ANY WAY WHICH WOULD RESULT
IN THE LOSS OF ELIGIBILITY FOR FEDERAL BENEFITS OR FEDERAL FUNDS PURSU-
ANT TO FEDERAL LAW, RULE, OR REGULATION AS ASSENTED TO IN CHAPTER SIX
HUNDRED EIGHTY-THREE OF THE LAWS OF NINETEEN HUNDRED THIRTY-EIGHT AND
CHAPTER SEVEN HUNDRED OF THE LAWS OF NINETEEN HUNDRED FIFTY-ONE.
S 4. Subdivision 17 of section 11-0305 of the environmental conserva-
tion law, as added by section 3 of part F of chapter 82 of the laws of
2002, is amended to read as follows:
17. To prepare or cause to be prepared voluntary habitat stamps and
furnish such stamps annually to license issuing agents and officers for
sale and issuance in the same manner as licenses and other types of
stamps. The department shall, by rule, establish the fee for the habitat
stamp which shall [not exceed] BE NO LESS THAN five dollars plus an
additional amount for the issuing agent or officer. The purchase of a
stamp is voluntary and a stamp need not be possessed in order to take
fish or wildlife.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015; provided,
however, that all funds in the habitat account of the conservation fund,
established pursuant to subdivision (h) of section 83 of the state
finance law, on the effective date of this act shall be transferred to
the habitat conservation and access account established pursuant to
section 83-a of the state finance law as added by section three of this
act.
PART BB
Section 1. Paragraph a of section 11.00 of the local finance law is
amended by adding a new subdivision 29-a to read as follows:
29-A. TRANSIT MOTOR VEHICLES. THE PURCHASE OF MUNICIPALLY OWNED OMNI-
BUS OR SIMILAR SURFACE TRANSIT MOTOR VEHICLES, TEN YEARS.
S 2. This act shall take effect immediately.
PART CC
Section 1. Section 155 of the vehicle and traffic law, as amended by
chapter 628 of the laws of 2002, is amended to read as follows:
S 155. Traffic infraction. The violation of any provision of this
chapter, except articles forty-seven and forty-eight, or of any law,
ordinance, order, rule or regulation regulating traffic which is not
declared by this chapter or other law of this state to be a misdemeanor
or a felony. A traffic infraction is not a crime and the punishment
imposed therefor shall not be deemed for any purpose a penal or criminal
S. 2008--A 57 A. 3008--A
punishment and shall not affect or impair the credibility as a witness
or otherwise of any person convicted thereof. This definition shall be
retroactive and shall apply to all acts and violations heretofore
committed where such acts and violations would, if committed subsequent
to the taking effect of this section, be included within the meaning of
the term "traffic infraction" as herein defined. Except in those
portions of Suffolk county for which a district court has been estab-
lished, outside of cities having a population in excess of two hundred
thousand BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which administra-
tive tribunals have heretofore been established AND OUTSIDE OF CITIES
HAVING A POPULATION IN EXCESS OF ONE MILLION IN WHICH ADMINISTRATIVE
TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, courts and judicial officers
heretofore having jurisdiction over such violations shall continue to do
so and for such purpose such violations shall be deemed misdemeanors and
all provisions of law relating to misdemeanors except as provided in
section eighteen hundred five of this chapter and except as herein
otherwise expressly provided shall apply except that no jury trial shall
be allowed for traffic infractions. In those portions of Suffolk county
for which a district court has been established, and in cities having a
population in excess of two hundred thousand BUT LESS THAN TWO HUNDRED
TWENTY THOUSAND in which administrative tribunals have heretofore been
established AND IN CITIES HAVING A POPULATION IN EXCESS OF ONE MILLION
IN WHICH ADMINISTRATIVE TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, the
criminal courts of such cities or portions of Suffolk county in which a
district court has been established shall have jurisdiction to hear and
determine any complaint alleging a violation constituting a traffic
infraction, except that administrative tribunals heretofore established
in such cities or portions of Suffolk county in which a district court
has been established shall have jurisdiction to hear and determine any
charge of an offense which is a traffic infraction, except parking,
standing or stopping. In cities having a population in excess of two
hundred thousand in which administrative tribunals have heretofore been
established, and any such administrative tribunal established by the
city of Yonkers, the city of Peekskill, or the city of Syracuse, such
tribunals shall have jurisdiction to hear and determine any charge of an
offense which is a parking, standing or stopping violation. Any fine
imposed by an administrative tribunal shall be a civil penalty. For
purposes of arrest without a warrant, pursuant to article one hundred
forty of the criminal procedure law, a traffic infraction shall be
deemed an offense.
S 2. Subdivision 1 of section 225 of the vehicle and traffic law, as
amended by chapter 388 of the laws of 2012, is amended to read as
follows:
1. Notwithstanding any inconsistent provision of law, all violations
of this chapter or of a law, ordinance, order, rule or regulation relat-
ing to traffic, except parking, standing, stopping or pedestrian
offenses, which occur within a city having a population of two hundred
thousand or more BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which
administrative tribunals have heretofore been established, OR WITHIN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE
TRIBUNALS HAVE HERETOFORE, BEEN ESTABLISHED, and which are classified as
traffic infractions, may be heard and determined pursuant to the regu-
lations of the commissioner as provided in this article. Whenever a
crime and a traffic infraction arise out of the same transaction or
occurrence, a charge alleging both offenses may be made returnable
before the court having jurisdiction over the crime. Nothing herein
S. 2008--A 58 A. 3008--A
provided shall be construed to prevent a court, having jurisdiction over
a criminal charge relating to traffic or a traffic infraction, from
lawfully entering a judgment of conviction, whether or not based on a
plea of guilty, for any offense classified as a traffic infraction.
S 3. Subdivision 5 of section 227 of the vehicle and traffic law, as
amended by chapter 690 of the laws of 1996, is amended to read as
follows:
5. All penalties and forfeited security collected pursuant to the
provisions of this article shall be paid to the department of audit and
control to the credit of the justice court fund and shall be subject to
the applicable provisions of section eighteen hundred three of this
chapter. After such audit as shall reasonably be required by the comp-
troller, such penalties and forfeited security shall be paid quarterly
or, in the discretion of the comptroller, monthly, to the appropriate
jurisdiction in which the violation occurred in accordance with the
provisions of section ninety-nine-a of the state finance law, except
that the sum of four dollars for each violation occurring in such juris-
diction for which a complaint has been filed with the administrative
tribunal established pursuant to this article shall be retained by the
state. The amount distributed during the first three quarters to the
[cities] CITY of Rochester [and Buffalo] in any given fiscal year shall
not exceed seventy percent of the amount which will be otherwise paya-
ble. Provided, however, that if the full costs of administering this
article shall exceed the amounts received and retained by the state for
any period specified by the commissioner, then such additional sums as
shall be required to offset such costs shall be retained by the state
out of the penalties and forfeited security collected pursuant to this
article.
S 4. Section 370 of the general municipal law is amended by adding a
new subdivision 4 to read as follows:
4. THERE SHALL BE AN EXECUTIVE DEPARTMENT OF THE BUFFALO CITY GOVERN-
MENT KNOWN AS THE BUFFALO TRAFFIC VIOLATIONS AGENCY, WHICH SHALL OPERATE
UNDER THE DIRECTION AND CONTROL OF THE MAYOR.
S 5. Subdivision 2 of section 370-a of the general municipal law, as
amended by chapter 388 of the laws of 2012, is amended and a new subdi-
vision 1-a is added to read as follows:
1-A. "TRAFFIC VIOLATIONS AGENCY" SHALL MEAN AN EXECUTIVE DEPARTMENT OF
THE CITY OF BUFFALO ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION
THREE HUNDRED SEVENTY OF THIS ARTICLE TO ADMINISTER AND DISPOSE OF TRAF-
FIC INFRACTIONS AS AUTHORIZED PURSUANT TO THIS ARTICLE.
2. "Traffic prosecutor" shall mean an attorney duly admitted to prac-
tice law in the state of New York who, having been appointed and either
hired or retained pursuant to section three hundred seventy-four of this
article, has the responsibility of prosecuting any traffic and parking
infractions returnable before the Nassau county district court or the
Suffolk county district court OR ANY TRAFFIC INFRACTIONS RETURNABLE
BEFORE THE BUFFALO CITY COURT pursuant to the jurisdictional limitations
of section three hundred seventy-one of this article.
S 6. Section 371 of the general municipal law is amended by adding a
new subdivision 2-a to read as follows:
2-A. THE BUFFALO TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDIVI-
SION FOUR OF SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE, MAY BE
AUTHORIZED TO ASSIST THE BUFFALO CITY COURT IN THE DISPOSITION AND
ADMINISTRATION OF INFRACTIONS OF TRAFFIC LAWS, ORDINANCES, RULES AND
REGULATIONS EXCEPT THAT SUCH AGENCY SHALL NOT HAVE JURISDICTION OVER (A)
THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION ONE OF SECTION ELEVEN
S. 2008--A 59 A. 3008--A
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 SUBPAR-
AGRAPH (III) OF PARAGRAPH 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) TRAFFIC
INFRACTIONS CONSTITUTING PARKING, STANDING, STOPPING OR PEDESTRIAN
OFFENSES; (F) ANY MISDEMEANOR OR FELONY; OR (G) 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 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 C OF SUBDIVI-
SION 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 CONSTITUTING A PARKING, STOPPING, STANDING OR
PEDESTRIAN OFFENSE, A VIOLATION OF SUBDIVISION (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW OR ANY MISDEMEANOR OR
FELONY.
S 7. Section 371 of the general municipal law is amended by adding a
new subdivision 3-a to read as follows:
3-A. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
THE BUFFALO TRAFFIC VIOLATIONS AGENCY MAY BE PERMITTED TO ANSWER, WITHIN
A SPECIFIED TIME, AT THE TRAFFIC VIOLATIONS AGENCY EITHER IN PERSON OR
BY WRITTEN POWER OF ATTORNEY IN SUCH FORM AS MAY BE PRESCRIBED IN THE
ORDINANCE OR LOCAL LAW CREATING THE AGENCY, BY PAYING A PRESCRIBED FINE
AND, IN WRITING, WAIVING A HEARING IN COURT, PLEADING GUILTY TO THE
CHARGE OR A LESSER CHARGE AGREEABLE TO THE TRAFFIC PROSECUTOR AND THE
PERSON CHARGED WITH AN INFRACTION, AND AUTHORIZING THE PERSON IN CHARGE
OF THE AGENCY TO ENTER SUCH A PLEA AND ACCEPT PAYMENT OF SAID FINE.
ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY BY THE AGENCY
SHALL BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION, AND THE VIOLA-
TOR SHALL BE GIVEN A RECEIPT WHICH SO STATES. IF A PERSON CHARGED WITH A
TRAFFIC VIOLATION DOES NOT ANSWER AS HEREINBEFORE PRESCRIBED, WITHIN A
DESIGNATED TIME, THE AGENCY MAY CAUSE A COMPLAINT TO BE ENTERED AGAINST
HIM FORTHWITH AND A WARRANT TO BE ISSUED FOR HIS ARREST AND APPEARANCE
BEFORE THE COURT, SUCH SUMMONS TO BE PREDICATED UPON THE PERSONAL
SERVICE OF SAID SUMMONS UPON THE PERSON CHARGED WITH THE INFRACTION. ANY
PERSON WHO SHALL HAVE BEEN, WITHIN THE PRECEDING TWELVE MONTHS, GUILTY
OF THREE OR MORE VIOLATIONS, SHALL NOT BE PERMITTED TO APPEAR AND ANSWER
TO A SUBSEQUENT VIOLATION AT THE AGENCY, BUT MUST APPEAR IN COURT AT A
TIME SPECIFIED BY THE AGENCY. SUCH AGENCY SHALL NOT BE AUTHORIZED TO
DEPRIVE A PERSON OF HIS RIGHT TO COUNSEL OR TO PREVENT HIM FROM EXERCIS-
ING HIS RIGHT TO APPEAR IN COURT TO ANSWER TO, EXPLAIN, OR DEFEND ANY
CHARGE OF A VIOLATION OF ANY TRAFFIC LAW, ORDINANCE, RULE OR REGULATION.
S 8. Section 371 of the general municipal law is amended by adding a
new subdivision 4-a to read as follows:
4-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENAL-
TIES AND FORFEITURES COLLECTED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY
SHALL BE DISTRIBUTED AS PROVIDED IN SECTION EIGHTEEN HUNDRED THREE OF
S. 2008--A 60 A. 3008--A
THE VEHICLE AND TRAFFIC LAW. ALL FINES, PENALTIES AND FORFEITURES FOR
VIOLATIONS ADJUDICATED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY PURSUANT
TO SUBDIVISION TWO-A OF THIS SECTION EXCEPT AS PROVIDED IN SUBDIVISION
THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW, SHALL BE PAID
BY SUCH AGENCY TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE
MONTH FOLLOWING COLLECTION. EACH SUCH PAYMENT SHALL BE ACCOMPANIED BY A
TRUE AND COMPLETE REPORT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
SHALL PRESCRIBE.
S 9. The general municipal law is amended by adding a new section
374-a to read as follows:
S 374-A. TRAFFIC PROSECUTOR SELECTION AND OVERSIGHT. (A) THE EXECUTIVE
DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, APPOINTED PURSUANT TO
SUBDIVISION (B) OF THIS SECTION, SHALL SELECT AND MAY CONTRACT WITH OR
HIRE ONE OR MORE PERSONS WHO ARE ATTORNEYS, DULY ADMITTED TO THE PRAC-
TICE OF LAW IN NEW YORK STATE FOR THE PROSECUTION OF ANY TRAFFIC INFRAC-
TION, EXCEPT THOSE DESCRIBED IN PARAGRAPHS (A), (B), (C), (D), (E), (F)
AND (G) OF SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVENTY-ONE OF
THIS ARTICLE, TO BE HEARD, TRIED OR OTHERWISE DISPOSED OF BY THE BUFFALO
CITY COURT. SUCH PERSONS SHALL BE KNOWN AS "TRAFFIC PROSECUTORS", AS
THAT TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE.
TRAFFIC PROSECUTORS SHALL HAVE THE SAME POWER AS A DISTRICT ATTORNEY
WOULD OTHERWISE HAVE IN THE PROSECUTION OF ANY TRAFFIC INFRACTION WHICH
MAY, PURSUANT TO THE JURISDICTIONAL PROVISIONS OF SECTION THREE HUNDRED
SEVENTY-ONE OF THIS ARTICLE, BE PROSECUTED BEFORE THE BUFFALO CITY COURT
IF THE TRAFFIC VIOLATION OCCURRED IN THE CITY OF BUFFALO. THE EXECUTIVE
DIRECTOR SHALL GIVE ACTIVE CONSIDERATION TO REQUIRING THAT SUCH TRAFFIC
PROSECUTORS SERVE ON A FULL-TIME BASIS. TRAFFIC PROSECUTORS ARE PROHIB-
ITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A TRAFFIC PROSECUTOR
IN ANY PART OF THE BUFFALO CITY COURT ON ANY MATTER RELATING TO TRAFFIC
VIOLATIONS AND ARE FURTHER PROHIBITED FROM APPEARING IN ANY CAPACITY
OTHER THAN AS A TRAFFIC PROSECUTOR IN ANY OTHER COURT OR ADMINISTRATIVE
TRIBUNAL ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
(B) THE MAYOR OF THE CITY OF BUFFALO SHALL APPOINT A PERSON TO SERVE
AS THE EXECUTIVE DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY
SUBJECT TO THE CONFIRMATION OF THE COMMON COUNCIL OF THE CITY OF
BUFFALO. THE EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE OVERSIGHT
AND ADMINISTRATION OF THE AGENCY. THE EXECUTIVE DIRECTOR IS PROHIBITED
FROM APPEARING IN ANY CAPACITY IN ANY PART OF THE BUFFALO CITY COURT ON
ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND IS FURTHER PROHIBITED FROM
APPEARING IN ANY CAPACITY IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL
ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
(C) IT SHALL BE A MISDEMEANOR FOR THE EXECUTIVE DIRECTOR, ANY TRAFFIC
PROSECUTOR OR ANY JUDICIAL HEARING OFFICER ASSIGNED TO HEAR TRAFFIC
VIOLATIONS CASES PURSUANT TO SECTION SIXTEEN HUNDRED NINETY OF THE VEHI-
CLE AND TRAFFIC LAW TO ESTABLISH ANY QUOTA OF TRAFFIC VIOLATION
CONVICTIONS WHICH MUST BE OBTAINED BY ANY TRAFFIC PROSECUTOR OR JUDICIAL
HEARING OFFICER. NOTHING CONTAINED HEREIN SHALL PROHIBIT THE TAKING OF
ANY JOB ACTION AGAINST A TRAFFIC PROSECUTOR OR JUDICIAL HEARING OFFICER
FOR FAILURE TO SATISFACTORILY PERFORM SUCH PROSECUTOR'S OR OFFICER'S JOB
ASSIGNMENT EXCEPT THAT THE EMPLOYMENT PRODUCTIVITY OF SUCH PROSECUTOR OR
OFFICER SHALL NOT BE MEASURED BY THE ATTAINMENT OR NONATTAINMENT OF ANY
CONVICTION QUOTA. FOR THE PURPOSES OF THIS SECTION A CONVICTION QUOTA
SHALL MEAN A SPECIFIC NUMBER OF CONVICTIONS WHICH MUST BE OBTAINED WITH-
IN A SPECIFIC TIME PERIOD.
(D) PURSUANT TO ARTICLE 20 OF THE BUFFALO CITY CHARTER, THE CITY OF
BUFFALO MAY APPROPRIATE THOSE MONIES WHICH, IN ITS SOLE DISCRETION, ARE
S. 2008--A 61 A. 3008--A
NECESSARY FOR THE COMPENSATION OF THOSE PERSONS SELECTED TO SERVE AS
EXECUTIVE DIRECTOR AND TRAFFIC PROSECUTORS AND TO COVER ALL OTHER
EXPENSES ASSOCIATED WITH THE ADMINISTRATION OF THE BUFFALO TRAFFIC
VIOLATIONS AGENCY.
S 10. Subdivision 3 of section 99-a of the state finance law, as
amended by chapter 388 of the laws of 2012, is amended to read as
follows:
3. The comptroller is hereby authorized to implement alternative
procedures, including guidelines in conjunction therewith, relating to
the remittance of fines, penalties, forfeitures and other moneys by town
and village justice courts, and by the Nassau and Suffolk counties traf-
fic and parking violations agencies, AND BY THE CITY OF BUFFALO TRAFFIC
VIOLATIONS AGENCY, to the justice court fund and for the distribution of
such moneys by the justice court fund. Notwithstanding any law to the
contrary, the alternative procedures utilized may include:
a. electronic funds transfer;
b. remittance of funds by the justice court to the chief fiscal office
of the town or village, or, in the case of the Nassau and Suffolk coun-
ties traffic and parking violations agencies, to the county treasurer,
OR, IN THE CASE OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, TO THE CITY OF
BUFFALO COMPTROLLER, for distribution in accordance with instructions by
the comptroller; and/or
c. monthly, rather than quarterly, distribution of funds.
The comptroller may require such reporting and record keeping as he or
she deems necessary to ensure the proper distribution of moneys in
accordance with applicable laws. A justice court or the Nassau and
Suffolk counties traffic and parking violations agencies OR THE CITY OF
BUFFALO TRAFFIC VIOLATIONS AGENCY may utilize these procedures only when
permitted by the comptroller, and such permission, once given, may
subsequently be withdrawn by the comptroller on due notice.
S 11. Paragraph (c) of subdivision 4-a of section 510 of the vehicle
and traffic law, as added by section 10 of part J of chapter 62 of the
laws of 2003, is amended to read as follows:
(c) Upon receipt of notification from a traffic and parking violations
agency OR A TRAFFIC VIOLATIONS AGENCY of the failure of a person to
appear within sixty days of the return date or new subsequent adjourned
date, pursuant to an appearance ticket charging said person with a
violation of:
(i) any of the provisions of this chapter except one for parking,
stopping or standing and except those violations described in paragraphs
(a), (b), (d), (e) and (f) of subdivision two AND IN PARAGRAPHS (A),
(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
seventy-one of the general municipal law;
(ii) section five hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law;
(iii) section fourteen-f (except paragraph (b) of subdivision four of
section fourteen-f), two hundred eleven or two hundred twelve of the
transportation law; or
(iv) any lawful ordinance or regulation made by a local or public
authority relating to traffic (except one for parking, stopping or
standing) or the failure to pay a fine imposed for such a violation by a
traffic and parking violations agency OR A TRAFFIC VIOLATIONS AGENCY,
the commissioner or his or her agent may suspend the driver's license or
privileges of such person pending receipt of notice from the agency that
such person has appeared in response to such appearance ticket or has
paid such fine. Such suspension shall take effect no less than thirty
S. 2008--A 62 A. 3008--A
days from the day upon which notice thereof is sent by the commissioner
to the person whose driver's license or privileges are to be suspended.
Any suspension issued pursuant to this paragraph shall be subject to the
provisions of paragraph (j-1) of subdivision two of section five hundred
three of this chapter.
S 12. Paragraph (b) of subdivision 3 of section 514 of the vehicle and
traffic law, as amended by section 11 of part J of chapter 62 of the
laws of 2003, is amended to read as follows:
(b) Upon the failure of a person to appear or answer, within sixty
days of the return date or any subsequent adjourned date, or the failure
to pay a fine imposed by a traffic and parking violations agency OR A
TRAFFIC VIOLATIONS AGENCY pursuant to a summons charging him or her with
a violation of:
(1) any of the provisions of this chapter except one for parking,
stopping or standing and except those violations described in paragraphs
(a), (b), (d), (e) and (f) of subdivision two AND IN PARAGRAPHS (A),
(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
seventy-one of the general municipal law;
(2) section five hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law;
(3) section fourteen-f (except paragraph (b) of subdivision four of
section fourteen-f), two hundred eleven or two hundred twelve of the
transportation law; or
(4) any lawful ordinance or regulation made by a local or public
authority relating to traffic (except one for parking, stopping or
standing);
the clerk thereof shall within ten days certify that fact to the commis-
sioner, in the manner and form prescribed by the commissioner, who shall
record the same in his or her office. Thereafter and upon the appearance
of any such person in response to such summons or the receipt of the
fine by the agency, the traffic and parking violations agency, THE TRAF-
FIC VIOLATIONS AGENCY or the clerk thereof shall forthwith certify that
fact to the commissioner, in the manner and form prescribed by the
commissioner; provided, however, no such certification shall be made
unless the traffic and parking violations agency OR THE TRAFFIC
VIOLATIONS AGENCY has collected the termination of suspension fee
required to be paid pursuant to paragraph (j-1) of subdivision two of
section five hundred three of this chapter.
S 13. The article heading of article 44-A of the vehicle and traffic
law, as amended by chapter 388 of the laws of 2012, is amended to read
as follows:
AUTHORITY OF THE NASSAU AND SUFFOLK
COUNTY DISTRICT COURT AND BUFFALO CITY COURT
JUDICIAL HEARING OFFICERS
S 14. The section heading of section 1690 of the vehicle and traffic
law, as amended by chapter 388 of the laws of 2012, is amended to read
as follows:
Authority of the Nassau county and Suffolk county district court judi-
cial hearing officers AND THE CITY OF BUFFALO JUDICIAL HEARING OFFICERS.
S 15. Section 1690 of the vehicle and traffic law is amended by adding
two new subdivisions 1-a and 4-a to read as follows:
1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE TRIAL OF A
TRAFFIC INFRACTION IS AUTHORIZED OR REQUIRED TO BE TRIED BEFORE THE
BUFFALO CITY COURT, AND SUCH TRAFFIC INFRACTION DOES NOT CONSTITUTE A
MISDEMEANOR, FELONY, VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-TWO, SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
S. 2008--A 63 A. 3008--A
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 C OF SUBDIVISION TWO OF SECTION ONE
HUNDRED FORTY OF THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING,
STANDING OR PEDESTRIAN OFFENSE, 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 ELEV-
EN 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 OF SUBDIVISION TWO OF SECTION ONE HUNDRED FORTY OF
THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING, STANDING OR PEDESTRIAN
OFFENSE, THE ADMINISTRATIVE JUDGE OF THE EIGHTH JUDICIAL DISTRICT MAY
ASSIGN JUDICIAL HEARING OFFICERS TO CONDUCT SUCH A TRIAL. SUCH JUDICIAL
HEARING OFFICERS SHALL: (I) BE RESIDENTS OF THE CITY OF BUFFALO; AND
(II) BE VILLAGE OR TOWN COURT JUSTICES, CITY COURT JUDGES OR RETIRED
JUDGES OR JUSTICES ALL OF WHICH SHALL HAVE AT LEAST TWO YEARS OF EXPERI-
ENCE CONDUCTING TRIALS OF TRAFFIC VIOLATIONS CASES; AND (III) BE ADMIT-
TED TO PRACTICE LAW IN THIS STATE; AND (IV) BE SELECTED FROM A LIST OF
RECOMMENDATIONS OF THE MAYOR OF THE CITY OF BUFFALO PROVIDED THAT THE
MAYOR SHALL GIVE AT LEAST THREE RECOMMENDATIONS FOR EACH JUDICIAL HEAR-
ING OFFICER ASSIGNMENT. WHERE SUCH ASSIGNMENT IS MADE, THE JUDICIAL
HEARING OFFICER SHALL ENTERTAIN THE CASE IN THE SAME MANNER AS A COURT
AND SHALL:
(A) DETERMINE ALL QUESTIONS OF LAW;
(B) ACT AS THE EXCLUSIVE TRIER OF ALL ISSUES OF FACT;
(C) RENDER A VERDICT;
(D) IMPOSE SENTENCE; OR
(E) DISPOSE OF THE CASE IN ANY MANNER PROVIDED BY LAW.
4-A. JUDICIAL HEARING OFFICERS ARE PROHIBITED FROM APPEARING IN ANY
CAPACITY OTHER THAN AS A JUDICIAL HEARING OFFICER IN ANY PART OF BUFFALO
CITY COURT ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND ARE FURTHER
PROHIBITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A JUDICIAL HEAR-
ING OFFICER IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL ON ANY MATTER
RELATING TO TRAFFIC VIOLATIONS.
S 16. Subdivision 5 of section 350.20 of the criminal procedure law,
as amended by chapter 388 of the laws of 2012, is amended to read as
follows:
5. Notwithstanding the provisions of subdivision one of this section,
for all proceedings before the district court of Nassau county the
administrative judge of Nassau county may, and for all proceedings
before the district court of Suffolk county, the administrative judge of
Suffolk county may, without the consent of the parties, assign matters
involving traffic and parking infractions except those described in
paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
three hundred seventy-one of the general municipal law to a judicial
hearing officer in accordance with the provisions of section sixteen
hundred ninety of the vehicle and traffic law AND FOR ALL PROCEEDINGS
BEFORE THE BUFFALO CITY COURT THE ADMINISTRATIVE JUDGE OF THE EIGHTH
JUDICIAL DISTRICT MAY, WITHOUT THE CONSENT OF THE PARTIES, ASSIGN
MATTERS INVOLVING TRAFFIC INFRACTIONS EXCEPT THOSE DESCRIBED IN PARA-
GRAPHS (A), (B), (C), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A OF
SECTION THREE HUNDRED SEVENTY-ONE OF THE GENERAL MUNICIPAL LAW TO A
S. 2008--A 64 A. 3008--A
JUDICIAL HEARING OFFICER IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SIXTEEN HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
S 17. Pending actions and proceedings. (a) No proceeding involving a
charge of a traffic infraction pending at such time when an existing
administrative tribunal shall cease to exist shall be affected or abated
by the passage of this act or by anything herein contained or by the
cessation of the existence of any administrative tribunal. All such
proceedings are hereby transferred to the court of appropriate jurisdic-
tion in the city where such traffic infractions allegedly occurred.
(b)(i) The agency, department, office, or person charged with the
custody of the records of an existing administrative tribunal which is
about to cease existing under, or in connection with, this act shall
arrange for the transfer of the records of pending proceedings to the
court of appropriate jurisdiction to which the proceedings shall be
transferred. The presiding judge of such court shall enter an order
providing for adequate notice consistent with due process of law to
respondents in such pending proceedings regarding the transfer of such
proceedings.
(ii) In no event shall any difficulty or delay resulting from the
transfer process, not caused by the respondent, increase the penalty
required of the respondent appearing before the court due to a transfer
of the traffic infraction proceeding or otherwise prejudice such
respondent. Respondents before the court due to a transfer of the traf-
fic infraction proceeding from an administrative tribunal to the court
that fail to appear shall be permitted at least one adjournment before
the penalties and procedures pursuant to subdivision 3 of section 226 of
the vehicle and traffic law shall be available. The presiding judge of
such court shall enter an order providing for adequate notice consistent
with due process of law to respondents, including notice of the penal-
ties and procedures available pursuant to subdivision 3 of section 226
of the vehicle and traffic law.
S 18. The executive director of the Buffalo traffic violations agency
shall issue on an annual basis, beginning eighteen months following the
creation of the Buffalo traffic violations agency pursuant to city of
Buffalo local law, a report detailing the progress, development and
operations of the traffic violations agency. The report shall be
provided to the governor, the temporary president of the senate, the
speaker of the assembly, the mayor of Buffalo, the common council of
Buffalo, the presiding judge of the Buffalo city court and the Erie
county district attorney.
S 19. This act shall take effect on May 1, 2015; provided, however,
that effective immediately the city of Buffalo is authorized to enact a
local law establishing a traffic violations agency in the city of
Buffalo; provided, however, that the provisions of sections four and
five of this act shall take effect on the same date as the enactment of
such local law, herein authorized, establishing a traffic violations
agency; provided, further, that if established, such agency and the city
of Buffalo shall comply with all the provisions of law set forth in this
act; provided, however, that the amendments made to section 371 of the
general municipal law, made by sections six, seven and eight of this
act, shall not affect the expiration of such section and be deemed to
expire therewith; and provided, further, that the city of Buffalo shall
notify the legislative bill drafting commission upon the occurrence of
the enactment of the local law provided for in this section in order
that the commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
S. 2008--A 65 A. 3008--A
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through CC of this act shall be
as specifically set forth in the last section of such Parts.
2015-A3008B (ACTIVE) - Details
- See Senate Version of this Bill:
- S2008
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2015-A3008B (ACTIVE) - Summary
Relates to the effectiveness of motor vehicle transaction fees and certain costs relating to the department of motor vehicles; relates to fees for motor carriers; relates to mass transportation payments including Ontario county to the Rochester-Genesee Regional Transportation District; creates a transit assistance for capital investments fund
2015-A3008B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2008--B A. 3008--B
S E N A T E - A S S E M B L Y
January 21, 2015
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend part U1 of chapter 62 of the laws of 2003 amending the
vehicle and traffic law and other laws relating to increasing certain
motor vehicle transaction fees, in relation to the effectiveness ther-
eof; and to amend chapter 84 of the laws of 2002, amending the state
finance law relating to the costs of the department of motor vehicles,
in relation to extending the effectiveness thereof (Part A); inten-
tionally omitted (Part B); to amend the transportation law, in
relation to fees for motor carriers; and to repeal certain provisions
of such law relating thereto (Part C); to amend chapter 413 of the
laws of 1999, relating to providing for mass transportation payments,
in relation to including Ontario county to the Rochester-Genesee
Regional Transportation District (Part D); to amend the state finance
law, in relation to creating a transit assistance for capital invest-
ments fund (Part E); authorizing the department of transportation to
defer reductions in service payments for two years (Part F); to amend
the public authorities law, the highway law, and the public officers
law, in relation to authorizing shared services agreements between the
department of transportation and the New York state thruway authority
(Part G); intentionally omitted (Part H); to amend the vehicle and
traffic law, the criminal procedure law and the transportation law, in
relation to the issuance of commercial learner's permits and the
disqualification of commercial driver's licenses and commercial
learner's permits (Part I); to amend the public authorities law, in
relation to decreasing state responsibility for certain costs incurred
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12573-03-5
S. 2008--B 2 A. 3008--B
by the New York state thruway authority (Part J); intentionally omit-
ted (Part K); intentionally omitted (Part L); to amend the New York
state urban development corporation act, in relation to extending
certain provisions relating to the empire state economic development
fund (Part M); 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 N); to authorize
and direct the New York state energy research and development authori-
ty 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 demon-
stration and policy and planning programs, and to finance the depart-
ment of environmental conservation's climate change program, from an
assessment on gas and electric corporations (Part P); to amend the
executive law, in relation to extending certain provisions relating to
the minority- and women-owned business enterprise disparity study; and
to amend chapter 261 of the laws of 1988 amending the state finance
law and other laws relating to the New York infrastructure trust fund,
in relation to the effectiveness of article 15-A of the executive law
(Part Q); to authorize the department of health to finance certain
activities with revenues generated from an assessment on cable tele-
vision companies (Part R); to amend chapter 58 of the laws of 2012
amending the public authorities law relating to authorizing the dormi-
tory authority to enter into certain design and construction manage-
ment agreements, in relation to extending certain authority of the
dormitory authority of the state of New York (Part S); to amend chap-
ter 21 of the laws of 2003, amending the executive law relating to
permitting the secretary of state to provide special handling for all
documents filed or issued by the division of corporations and to
permit additional levels of such expedited service, in relation to
extending the expiration date thereof (Part T); to amend the real
property law, in relation to eliminating certain fees charged for an
apartment information vendor license (Part U); to amend the agricul-
ture and markets law, in relation to eliminating certain license fees
(Part V); to amend part B of chapter 173 of the laws of 2013 relating
to the issuance of securitized restructuring bonds to refinance the
outstanding debt of the Long Island power authority, in relation to
the issuance of securitized restructuring bonds to refinance outstand-
ing debt of the Long Island power authority; and to amend part A of
chapter 173 of the laws of 2013, amending the public service law, the
public authorities law, the executive law and the education law relat-
ing to the powers and duties of the department of public service and
the Long Island power authority, in relation to repowering (Part W);
to amend the navigation law and the state finance law, in relation to
license fees and surcharges for the transfer of petroleum between
vessels, between facilities and vessels, and between facilities,
whether onshore or offshore (Part X); to amend the environmental
conservation law, in relation to operating permit program fees, state
air quality control fees and state pollutant discharge elimination
system program fees (Part Y); intentionally omitted (Part Z); to amend
the state finance law and the environmental conservation law, in
relation to establishing a habitat conservation and access account;
and to repeal certain provisions of the state finance law relating
thereto (Part AA); to amend the local finance law, in relation to
establishing a ten year period of probable usefulness for municipally
S. 2008--B 3 A. 3008--B
owned omnibus or surface transit motor vehicles (Part BB); to amend
the vehicle and traffic law, in relation to directing the city of
Buffalo to adjudicate traffic infractions; and in relation to certain
penalties and forfeited security collected by the city of Buffalo and
granting a traffic violations agency certain powers; to amend the
general municipal law, in relation to establishing the Buffalo traffic
violations agency; to amend the state finance law, in relation to the
justice court fund; to amend the criminal procedure law, in relation
to a trial by judicial hearing officer; and requires the executive
director of the Buffalo traffic violations agency to annually issue a
report on the progress, development and operations of such agency
(Part CC); to amend part F of chapter 58 of the laws of 2013 amending
the environmental conservation law and the state finance law relating
to the "Cleaner, Greener NY Act of 2013", in relation to extending the
effectiveness thereof (Part DD); to amend the soil and water conserva-
tion districts law, in relation to a farm drain tile revolving loan
fund program (Part EE); to amend the New York state urban development
corporation act, in relation to eligible use of the beginning farmers
NY fund (Part FF); to amend chapter 495 of the laws of 2004 amending
the insurance law and the public health law relating to the New York
state health insurance continuation assistance demonstration project,
in relation to the effectiveness thereof (Part GG); relating to term
appointments for eligible, high-demand ITS positions without examina-
tion (Part HH); to amend the environmental conservation law, in
relation to retrofit technology for diesel-fueled vehicles (Part II);
to amend part D of chapter 111 of the laws of 2010 relating to the
recovery of exempt income by the office of mental health for community
residences and family-based treatment programs, in relation to the
effectiveness thereof (Part JJ); to amend the education law, in
relation to authorizing contracts for the provision of special educa-
tion and related services for certain patients hospitalized in hospi-
tals operated by the office of mental health; and to amend part M of
chapter 56 of the laws of 2012 amending the education law, relating to
authorizing contracts for the provision of special education and
related services for certain patients hospitalized in hospitals oper-
ated by the office of mental health, in relation to the effectiveness
thereof (Part KK); to amend part A of chapter 111 of the laws of 2010
amending the mental hygiene law relating to the receipt of federal and
state benefits received by individuals receiving care in facilities
operated by an office of the department of mental hygiene, in relation
to the effectiveness thereof (Part LL); to amend the social services
law, the executive law and the mental hygiene law, in relation to
providing professional services to individuals with developmental
disabilities in non-certified settings; in relation to the exemption
of the nurse practice act for direct care staff in non-certified
settings funded, authorized or approved by the office for people with
developmental disabilities; in relation to services and needs assess-
ments; and to repeal certain provisions of the mental hygiene law
relating thereto (Part MM); to amend the mental hygiene law, in
relation to clarifying the authority of the commissioners in the
department of mental hygiene to design and implement time-limited
demonstration programs; and providing for the repeal of such
provisions upon expiration thereof (Part NN); to amend the mental
hygiene law, in relation to eliminating the duplication of regulatory
efforts between the department of health and the office for people
with developmental disabilities associated with rates and fees
S. 2008--B 4 A. 3008--B
received by OPWDD providers; and to repeal certain provisions of such
law relating thereto (Part OO); in relation to establishing a trans-
portation assessment for people with developmental disabilities and
other populations (Part PP); relating to the office for people with
developmental disabilities omnibus reporting and providing for the
repeal of such provision upon expiration thereof (Part QQ); to amend
the public authorities law, in relation to semi-annual reports (Part
RR); and requiring the New York state energy research and development
authority to develop standards and/or criteria that will encourage and
increase issuance of loans to low-to-moderate income households for
qualified energy efficiency services (Part SS)
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 2015-2016
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through SS. 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. Section 13 of part U1 of chapter 62 of the laws of 2003
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section 1 of
part C of chapter 57 of the laws of 2014, is amended to read as follows:
S 13. This act shall take effect immediately; provided however that
sections one through seven of this act, the amendments to subdivision 2
of section 205 of the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed on April 1,
[2015] 2020; provided further, however, that the amendments to subdivi-
sion 3 of section 205 of the tax law made by section eight of this act
shall expire and be deemed repealed on March 31, 2018; provided further,
however, that the provisions of section eleven of this act shall take
effect April 1, 2004 and shall expire and be deemed repealed on April 1,
[2015] 2020.
S 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, as amended by section 2 of part C of chapter 57 of the laws of
2014, is amended to read as follows:
S 2. This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2002; provided further, however, that this act shall
expire and be deemed repealed on April 1, [2015] 2020.
S 3. This act shall take effect immediately.
PART B
S. 2008--B 5 A. 3008--B
Intentionally Omitted
PART C
Section 1. Section 144 of the transportation law is REPEALED.
S 2. Subdivision 1 of section 153 of the transportation law is
REPEALED and subdivisions 2, 3, 4, 5, 6, 7, 8 and 9 are renumbered
subdivisions 1, 2, 3, 4, 5, 6, 7 and 8.
S 2-a. Subdivisions 1, 6 and 7 of section 153 of the transportation
law, as added by chapter 635 of the laws of 1983 and as renumbered by
section two of this act, are amended to read as follows:
1. A temporary certificate of public convenience and necessity to
operate as a common carrier of passengers may be issued by the commis-
sioner after public notice and with or without hearing, except as
provided in [paragraphs six and eight] SUBDIVISIONS FIVE AND SEVEN of
this section, to an applicant upon a finding that the applicant is fit,
willing and able to perform a service for which there is an immediate or
urgent need. Such a temporary certificate of public convenience and
necessity may also be issued on the commissioner's own motion for the
purpose of experiment or demonstration when the commissioner is of the
opinion that such action is required by the public interest.
6. Notwithstanding any other provision of law, on any application for
temporary authority to operate a bus line originating or terminating in
any city, the commissioner shall, in addition to the requirements speci-
fied in subdivision [two] ONE of this section, also consider and evalu-
ate the application and any objections to the application in accordance
with the following criteria:
(a) The adequacy of the existing mass transit and mass transportation
facilities to meet the transportation needs of any particular segment of
the general public for the proposed service; and
(b) The impact that the proposed operation may have on any existing
mass transit or mass transportation facilities.
7. If any application to operate a van service originating or termi-
nating within a city is protested by the governing body of such city, a
bus line operating in said city or a public transportation authority
created pursuant to titles nine, eleven, eleven-A, eleven-B, eleven-C
and eleven-D of article five of the public authorities law whose terri-
tory or district includes said city, and a hearing is requested, such
hearing shall be held. Based on the evidence submitted at such hearing
the commissioner shall, in addition to the requirements specified in
subdivision [two] ONE hereof, consider and evaluate the application and
the objections to the application in accordance with the following
criteria:
(a) The adequacy of the existing mass transit and mass transportation
facilities to meet the transportation needs of any particular segment of
the general public for the proposed service; and
(b) The impact that the proposed operation may have on any existing
mass transit or mass transportation facilities.
S 3. Subdivisions 1 and 6 of section 154 of the transportation law, as
added by chapter 635 of the laws of 1983, are amended to read as
follows:
1. The commissioner may issue a permanent certificate of public
convenience and necessity to operate as a common carrier of passengers
to an applicant with or without hearing, except as provided in subdivi-
sions two and seven of this section, but upon notice to all interested
S. 2008--B 6 A. 3008--B
parties. If any application for authority to operate a bus line through
a county, city, village or town or in or through a territory or district
served by a bus line or a public transportation authority created pursu-
ant to titles nine, eleven, eleven-A, eleven-B, eleven-C and eleven-D of
article five of the public authorities law is protested by any such
municipality, bus line, or public transportation authority, and hearing
on such application is requested then no permanent authority shall be
granted prior to a hearing held on such application. The commissioner
shall consider any reasonable conditions required of the applicant by
such municipality regarding routing and franchise requirements and, in
cities having a population of over one million persons the commissioner
shall adopt the intracity routing requirements to the proposed destina-
tion point or points that are established by any such city, provided
that such city furnishes the routing requirements to the commissioner
within sixty days of the filing of the application with the department.
In addition the commissioner shall adopt insurance requirements provided
for by any such city. Except for the routing and insurance requirements
in cities having a population of over one million persons, the commis-
sioner shall impose requirements on the applicant deemed to be reason-
able and in the public interest as a condition to any authority granted.
[Applications for a permanent certificate shall be accompanied by a
filing fee as prescribed in section one hundred forty-four of this chap-
ter.] The application for a permanent certificate shall be granted if
the commissioner finds that:
(a) the applicant is fit, willing and able to provide the transporta-
tion to be authorized by the certificate and to comply with this chapter
and the regulations of the commissioner; and
(b) the service proposed will be required by the present or future
public convenience and necessity.
6. Any person holding a permanent certificate to provide bus line
service shall not discontinue service on any route unless an application
is made to the commissioner and the commissioner approves such applica-
tion upon a finding that the public convenience and necessity no longer
requires such bus line service. [Applications for discontinuance shall
be accompanied by a filing fee as prescribed in section one hundred
forty-four of this chapter.]
S 4. Subdivision 1 of section 155 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A permanent permit to operate as a contract carrier of passengers
may be issued by the commissioner to an applicant with or without a
hearing, but upon notice to all interested parties, authorizing such
applicant to provide transportation as a contract carrier of passengers.
[Applications for a permanent permit shall be accompanied by a filing
fee as prescribed in section one hundred forty-four of this chapter.]
The application for a permanent permit shall be granted if the commis-
sioner finds that:
(a) the applicant is fit, willing and able to provide the transporta-
tion to be authorized by the permit and to comply with this chapter and
the regulations of the commissioner; and
(b) the proposed service is or will be consistent with the public
interest and the policy declared in section one hundred thirty-seven of
this chapter.
S 5. Subdivision 3 of section 156 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
3. Certificates or permits shall not be assigned or transferred, in
any manner, nor shall the right to operate under any certificate or
S. 2008--B 7 A. 3008--B
permit be leased without prior approval of the commissioner upon such
notice as the commissioner shall deem appropriate. The assignment,
transfer or lease of certificates or permits or the right to operate
under any certificate or permit, shall not be approved unless the
commissioner shall find that it is in the public interest to do so. All
applications for transfer or lease must be in such form as prescribed by
the commissioner [and be accompanied by a filing fee as prescribed in
section one hundred forty-four of this chapter].
S 6. Subdivision 1 of section 173 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A temporary certificate or permit to operate as a common or
contract carrier of property may be issued by the commissioner to a
qualified applicant with or without a hearing for the purpose of provid-
ing a service for which there is an immediate or urgent need from or to
a point or points or within a territory. Applications for temporary
authority shall contain such information as the commissioner by regu-
lation may prescribe [and shall be accompanied by a filing fee as
prescribed in section one hundred forty-four of this chapter].
S 7. Subdivision 1 of section 174 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A permanent certificate to operate as a common carrier of property
may be issued by the commissioner to a qualified applicant with or with-
out hearing, but upon notice to all interested parties, authorizing such
applicant to provide transportation as a common carrier of property.
Applications for a permanent certificate shall contain such information
as the commissioner by regulation may prescribe [and shall be accompa-
nied by a filing fee as prescribed in section one hundred forty-four of
this chapter]. The application for a permanent certificate shall be
granted if the commissioner finds that:
(a) the applicant is fit, willing and able to provide the transporta-
tion to be authorized by the certificate and to comply with this chapter
and the regulations of the commissioner; and
(b) that the service proposed will be required by the present or
future public convenience and necessity.
S 8. Subdivision 1 of section 175 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A permanent permit to operate as a contract carrier of property may
be issued by the commissioner to an applicant with or without hearing,
but upon notice to all interested parties authorizing such applicant to
provide transportation as a contract carrier of property. [Applications
for a permanent permit shall be accompanied by a filing fee as
prescribed in section one hundred forty-four of this chapter.] The
application for a permanent permit shall be granted if the commissioner
finds that:
(a) the applicant is fit, willing and able to provide the transporta-
tion to be authorized and to comply with this chapter and the regu-
lations of the commissioner; and
(b) the proposed service to the extent authorized will be consistent
with the public interest and the policy declared in section one hundred
thirty-seven of this chapter.
S 9. Subdivision 3 of section 177 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
3. Certificates or permits shall not be assigned, transferred or
leased in any manner nor shall the right to operate under any certif-
icate or permit be leased without prior approval of the commissioner,
upon such notice as the commissioner shall deem appropriate. The assign-
S. 2008--B 8 A. 3008--B
ment, transfer or lease of a certificate, or the right to operate under
any certificate, shall not be approved unless the commissioner shall
find that it is in the public interest to do so. All applications for
assignment, transfer or lease must be in such form as prescribed by the
commissioner [and shall be accompanied by a filing fee as prescribed in
section one hundred forty-four of this chapter].
S 10. Subdivision 1 of section 192 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. A probationary certificate to operate as a common carrier of house-
hold goods by motor vehicle may be issued by the commissioner to a qual-
ified applicant after public notice and with or without hearing. The
application shall contain such information as the commissioner by regu-
lation shall prescribe [and the application shall be accompanied by a
filing fee as prescribed in section one hundred forty-four of this chap-
ter]. A probationary certificate shall:
(a) create no presumption that a corresponding permanent certificate
will be granted;
(b) confer no proprietary or property rights in the use of the high-
ways;
(c) be granted for a period not to exceed one year, which may be
renewed for an additional one year period by the commissioner; and
(d) be subject to any conditions deemed appropriate by the commission-
er to be in the public interest.
S 11. Subdivision 6 of section 193 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
6. Permanent certificates issued pursuant to subdivision one of this
section shall have no application fee. [Applications for permanent
certificates issued pursuant to subdivision four of this section shall
be accompanied by a filing fee as prescribed in section one hundred
forty-four of this chapter.]
S 12. Subdivision 3 of section 195 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
3. Permanent certificates shall not be assigned, transferred or leased
in any manner nor shall the right to operate under any such certificate
be leased without prior approval of the commissioner upon such notice as
the commissioner shall deem appropriate. The assignment, transfer or
lease of a permanent certificate, shall not be approved unless the
commissioner shall find that it is in the public interest to do so. All
applications for transfer or lease must be in such form as prescribed by
the commissioner [and shall be accompanied by a filing fee as prescribed
in section one hundred forty-four of this chapter].
S 13. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART D
Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
relating to providing for mass transportation payments, as amended by
section 1 of part L of chapter 59 of the laws of 2006, is amended to
read as follows:
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, payment of mass transportation operating assistance pursuant
to section 18-b of the transportation law shall be subject to the
provisions contained herein and the amounts made available therefor by
appropriation.
S. 2008--B 9 A. 3008--B
In establishing service and usage formulas for distribution of mass
transportation operating assistance, the commissioner of transportation
may combine and/or take into consideration those formulas used to
distribute mass transportation operating assistance payments authorized
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
To improve the predictability in the level of funding for those
systems receiving operating assistance payments under service and usage
formulas, the commissioner of transportation is authorized with the
approval of the director of the budget, to provide service payments
based on service and usage statistics of the preceding year.
In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching payments required to be made by a county to any such authority
shall be as follows:
Percentage of matching payment required to be provided:
Percentage
of Matching
Local Jurisdiction Payment
--------------------------------------------
In the Metropolitan Commuter
Transportation District:
New York City ................ 6.40
Dutchess ..................... 1.30
Nassau ....................... 39.60
Orange ....................... 0.50
Putnam ....................... 1.30
Rockland ..................... 0.10
Suffolk ...................... 25.70
Westchester .................. 25.10
In the Capital District Trans-
portation District:
Albany ....................... 56.10
Rensselaer ................... 23.30
Saratoga ..................... 4.10
Schenectady .................. 16.50
In the Central New York Re-
gional Transportation Dis-
trict:
Cayuga ....................... 5.11
Onondaga ..................... 75.83
Oswego ....................... 2.85
Oneida ....................... 16.21
In the Rochester-Genesee Re-
gional Transportation Dis-
trict:
Genesee ...................... [1.43] 1.36
Livingston ................... [0.94] .90
Monroe ....................... [94.58] 90.14
Wayne ........................ [1.03] .98
Wyoming ...................... [0.54] .51
Seneca ....................... [0.67] .64
S. 2008--B 10 A. 3008--B
Orleans ...................... [0.81] .77
ONTARIO ...................... 4.69
In the Niagara Frontier Trans-
portation District: Erie ......................... 89.20
Niagara ...................... 10.80
Notwithstanding any other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to other
public transportation systems in payment of state operating assistance
or such lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
Notwithstanding the reporting date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving mass trans-
portation operating assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and where payment
is not made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other basis as may be
agreed upon by the commissioner of transportation, the director of the
budget, and the chief executive officer of such city, county, Indian
tribe or intercity bus company.
The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has iden-
tified a problem related to system performance, the commissioner may
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the evaluation
process.
Payments shall be made contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget, which shall
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The chief executive
officer of each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition to informa-
tion required by section 18-b of the transportation law, such other
information as the commissioner of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
S. 2008--B 11 A. 3008--B
Counties, municipalities or Indian tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
the service payment formula shall be required to describe the proposed
method of distributing governmental operating aid and submit it one
month prior to the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
distribution of state aid. The commissioner of transportation shall only
approve alternate distribution methods which are consistent with the
transportation needs of the people to be served and ensure that the
system of private operators does not exceed established maximum service
payment limits. Copies of such approvals shall be submitted to the
chairpersons of the senate finance and assembly ways and means commit-
tees.
Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized to
continue to use prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of 1981. In
the event that actual revenue passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used as the basis of payment upon
approval by the commissioner of transportation. In such event, the
succeeding payment shall be adjusted to reflect the difference between
the actual and estimated total number of revenue passengers and vehicle,
nautical or car miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise specified by such commissioner. In the event that a public
transportation system ceases to participate in the program, operating
assistance due for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
Payments shall be contingent on compliance with audit requirements
determined by the commissioner of transportation.
In the event that an audit of a public transportation system or
private operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an over-
payment results from an audit of revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
ators in cases where more than a reasonable return based on equity or
operating revenues and expenses has resulted, the commissioner of trans-
portation, in addition to recovering the amount of state operating
assistance overpaid, shall also recover interest, as defined by the
department of taxation and finance, on the amount of the overpayment.
Notwithstanding any other law, rule or regulation to the contrary,
whenever the commissioner of transportation is notified by the comp-
troller that the amount of revenues available for payment from an
account is less than the total amount of money for which the public mass
transportation systems are eligible pursuant to the provisions of
section 88-a of the state finance law and any appropriations enacted for
these purposes, the commissioner of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law, payments
S. 2008--B 12 A. 3008--B
may be made in quarterly installments or in such other manner and at
such other times as the commissioner of transportation, with the
approval of the director of the budget may prescribe.
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, 2015.
PART E
Section 1. The state finance law is amended by adding a new section
99-w to read as follows:
S 99-W. TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL CAPITAL FUND TO BE KNOWN
AS THE "TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND."
2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT
ACCOUNT WITHIN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND:
METROPOLITAN TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS ACCOUNT
3. THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS 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 TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE RETAINED IN AND BECOME A PART OF SUCH FUND.
4. MONEYS IN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND
SHALL, FOLLOWING APPROPRIATION BY THE LEGISLATURE, BE UTILIZED FOR CAPI-
TAL PURPOSES, INCLUDING, BUT NOT LIMITED TO THE PLANNING AND DESIGN,
ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REPLACEMENT, IMPROVEMENT,
RECONDITIONING, REHABILITATION AND PRESERVATION OF MASS TRANSIT FACILI-
TIES, VEHICLES, RELATED EQUIPMENT AND ROLLING STOCK WITH AN AVERAGE
SERVICE LIFE OF NO LESS THAN FIVE YEARS.
5. MONEYS DEPOSITED INTO THE METROPOLITAN TRANSIT ASSISTANCE FOR CAPI-
TAL INVESTMENTS ACCOUNT SHALL BE AVAILABLE TO THE METROPOLITAN TRANSPOR-
TATION AUTHORITY (MTA) AND TO ALL OTHER PUBLIC TRANSPORTATION SYSTEMS
SERVING PRIMARILY WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION
DISTRICT, AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC
AUTHORITIES LAW, ELIGIBLE TO RECEIVE OPERATING ASSISTANCE UNDER THE
PROVISIONS OF SECTION EIGHTEEN-B OF THE TRANSPORTATION LAW CONSISTENT
WITH THE USES OUTLINED IN SUBDIVISION FOUR OF THIS SECTION.
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO CAPITAL ASSISTANCE
PAYMENT AUTHORIZED UNDER THIS SECTION MAY BE APPLIED TO OPERATING
EXPENSES.
7. ALL PAYMENTS OF MONEY FROM THE TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE MADE IN ACCORDANCE WITH A FORMULA TO BE ESTAB-
LISHED BY THE COMMISSIONER OF TRANSPORTATION WITH THE APPROVAL OF THE
DIRECTOR OF THE BUDGET.
8. ALL PAYMENTS OF MONEYS FROM THE TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE MADE ON THE AUDIT AND WARRANT OF THE COMP-
TROLLER.
S 2. This act shall take effect immediately.
PART F
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, the commissioner of transportation may approve the deferral of
any required reductions in service payments to unspecified public trans-
portation systems, pursuant to the hold-harmless provision of the State-
wide Mass Transportation Operating Assistance (STOA) program provided in
S. 2008--B 13 A. 3008--B
17 N.Y.C.R.R. 975.18, on an annual basis for a period of no more than
two years.
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, 2014.
PART G
Section 1. Section 351 of the public authorities law is amended by
adding a new subdivision 14 to read as follows:
14. THE TERM "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TRANSPORTATION.
S 2. The public authorities law is amended by adding two new sections
357-b and 357-c to read as follows:
S 357-B. SHARING EMPLOYEES, SERVICES AND RESOURCES. A SHARED SERVICES
AGREEMENT MAY BE EXECUTED BETWEEN THE AUTHORITY AND THE DEPARTMENT ONLY
FOR AN EMERGENCY SITUATION OR EXTREME WEATHER CONDITIONS, TO SHARE
EMPLOYEES, SERVICES OR RESOURCES AS DEEMED APPROPRIATE INCLUDING, BUT
NOT LIMITED TO, FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE
DEPARTMENT ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE
AUTHORITY, AND FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE AUTHOR-
ITY ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE DEPART-
MENT. SUCH AGREEMENT OR ANY PROJECT UNDERTAKEN PURSUANT TO SUCH AGREE-
MENT SHALL NOT BE DEEMED TO IMPAIR THE RIGHTS OF BONDHOLDERS AND MAY
PROVIDE FOR, BUT NOT BE LIMITED TO, THE MANAGEMENT, SUPERVISION AND
DIRECTION OF SUCH EMPLOYEES' PERFORMANCE OF SUCH SERVICES. SUCH AGREE-
MENT SHALL PROVIDE THAT THE TERM SHALL NOT BE LONGER THAN TEN DAYS. ALL
SHARED EMPLOYEES SHALL REMAIN EMPLOYEES OF THEIR RESPECTIVE EMPLOYERS
AND ALL APPLICABLE COLLECTIVELY BARGAINED AGREEMENTS SHALL REMAIN IN
EFFECT FOR THE ENTIRE LENGTH OF THE SHARED SERVICE AGREEMENT. FURTHER,
SUCH SHARED SERVICES AGREEMENT SHALL NOT AMEND, REPEAL OR REPLACE THE
TERMS OF ANY AGREEMENT THAT IS COLLECTIVELY NEGOTIATED BETWEEN AN
EMPLOYER AND AN EMPLOYEE ORGANIZATION, INCLUDING AN AGREEMENT OR INTER-
EST ARBITRATION AWARD MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL
SERVICE LAW.
S 357-C. INDEMNIFICATION AND DEFENSE UNDER SHARED SERVICES AGREEMENT.
1. THE AUTHORITY SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF
THE DEPARTMENT, USING THE FORCES OF THE DEPARTMENT OF LAW PURSUANT TO
SECTION THREE HUNDRED SIXTY-TWO OF THIS TITLE IN ANY ACTION, PROCEEDING,
CLAIM, DEMAND OR THE PROSECUTION OF ANY APPEAL ARISING FROM OR OCCA-
SIONED BY THE ACTS OR OMISSIONS TO ACT IN THE PERFORMANCE OF THE FUNC-
TIONS OF THE AUTHORITY PURSUANT TO A SHARED SERVICES AGREEMENT.
2. DEFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE CONDI-
TIONED UPON THE FULL COOPERATION OF THE DEPARTMENT.
3. THE AUTHORITY SHALL INDEMNIFY AND HOLD HARMLESS ANY UNIT, ENTITY,
OFFICER OR EMPLOYEE OF THE DEPARTMENT IN THE AMOUNT OF ANY JUDGMENT
OBTAINED AGAINST THE DEPARTMENT OR IN THE AMOUNT OF ANY SETTLEMENT THE
DEPARTMENT ENTERS INTO WITH THE CONSENT OF THE AUTHORITY FOR ANY AND ALL
CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
OMISSIONS TO ACT OF THE AUTHORITY OR ITS SUBSIDIARIES PURSUANT TO A
SHARED SERVICES AGREEMENT; PROVIDED, HOWEVER, THAT THE ACT OR OMISSION
FROM WHICH SUCH JUDGMENT OR SETTLEMENT AROSE OCCURRED WHILE THE AUTHORI-
TY OR ITS SUBSIDIARIES WAS ACTING WITHIN THE SCOPE OF ITS FUNCTIONS
PURSUANT TO A SHARED SERVICES AGREEMENT. NO SUCH SETTLEMENT OF ANY SUCH
ACTION, PROCEEDING, CLAIM OR DEMAND SHALL BE MADE WITHOUT THE APPROVAL
OF THE BOARD OR ITS DESIGNEE.
4. ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFICER
OR EMPLOYEE OF THE AUTHORITY THAT ARISES PURSUANT TO ANY SHARED SERVICES
S. 2008--B 14 A. 3008--B
AGREEMENT SHALL NOT BE CONSTRUED IN ANY WAY TO IMPAIR, ALTER, LIMIT,
MODIFY, ABROGATE OR RESTRICT ANY IMMUNITY AVAILABLE TO OR CONFERRED UPON
ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF THE AUTHORITY, OR TO IMPAIR,
ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT ANY RIGHT TO DEFENSE AND
INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
AL STATUTORY OR COMMON LAW.
5. THIS SECTION SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF ANY
CLAIMANT TO GIVE NOTICE TO THE STATE AND THE AUTHORITY UNDER SECTION TEN
AND SECTION ELEVEN OF THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF
LAW PROVIDED, HOWEVER, THAT NOTICE SERVED UPON THE STATE OR THE AUTHORI-
TY SHALL BE VALID NOTICE ON BOTH PARTIES TO THE AGREEMENT, WHEN SUCH
CLAIM ARISES OUT OF SUCH AGREEMENT. THE STATE AND AUTHORITY SHALL NOTIFY
EACH OTHER WHEN THEY RECEIVE A NOTICE OF CLAIM, NOTICE OF INTENTION TO
MAKE A CLAIM OR A CLAIM ARISING OUT OF SUCH AGREEMENT.
6. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO IMPAIR,
ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER UNDER
ANY INSURANCE AGREEMENT.
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN EMPLOYED PURSUANT
TO A SHARED SERVICES AGREEMENT, EMPLOYEES OF THE AUTHORITY, AND ITS
SUBSIDIARIES AND THE DEPARTMENT SHALL BE DEEMED EMPLOYEES OF ALL SUCH
ENTITIES AND THE STATE FOR PURPOSES OF THE WORKERS' COMPENSATION LAW.
S 3. Section 10-a of the highway law is amended by adding a new subdi-
vision 13 to read as follows:
13. (A) THE STATE SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR EMPLOYEE
OF THE NEW YORK STATE THRUWAY AUTHORITY USING THE FORCES OF THE DEPART-
MENT OF LAW IN ANY ACTION, PROCEEDING, CLAIM, DEMAND OR THE PROSECUTION
OF ANY APPEAL ARISING FROM OR OCCASIONED BY THE ACTS OR OMISSIONS TO ACT
IN THE PERFORMANCE OF THE FUNCTIONS OF THE DEPARTMENT PURSUANT TO A
SHARED SERVICES AGREEMENT.
(B) DEFENSE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
CONDITIONED UPON THE FULL COOPERATION OF THE NEW YORK STATE THRUWAY
AUTHORITY.
(C) THE STATE SHALL INDEMNIFY AND HOLD HARMLESS ANY UNIT, ENTITY,
OFFICER OR EMPLOYEE OF THE NEW YORK STATE THRUWAY AUTHORITY IN THE
AMOUNT OF ANY JUDGMENT OBTAINED AGAINST THE NEW YORK STATE THRUWAY
AUTHORITY OR IN THE AMOUNT OF ANY SETTLEMENT THE NEW YORK STATE THRUWAY
AUTHORITY ENTERS INTO WITH THE CONSENT OF THE STATE FOR ANY AND ALL
CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
OMISSIONS TO ACT OF THE DEPARTMENT PURSUANT TO A SHARED SERVICES AGREE-
MENT, PROVIDED, HOWEVER, THAT THE ACT OR OMISSION FROM WHICH SUCH JUDG-
MENT OR SETTLEMENT AROSE OCCURRED WHILE THE DEPARTMENT WAS ACTING WITHIN
THE SCOPE OF ITS FUNCTIONS PURSUANT TO A SHARED SERVICES AGREEMENT. ANY
SUCH SETTLEMENT SHALL BE EXECUTED PURSUANT TO SECTION TWENTY-A OF THE
COURT OF CLAIMS ACT.
(D) ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFI-
CER OR EMPLOYEE OF THE DEPARTMENT PURSUANT TO ANY SHARED SERVICES AGREE-
MENT SHALL NOT BE CONSTRUED IN ANY WAY TO IMPAIR, ALTER, LIMIT, MODIFY,
ABROGATE OR RESTRICT ANY IMMUNITY AVAILABLE TO OR CONFERRED UPON ANY
UNIT, ENTITY, OFFICER OR EMPLOYEE OF THE DEPARTMENT, OR TO IMPAIR,
ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT ANY RIGHT TO DEFENSE AND
INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
AL STATUTORY OR COMMON LAW.
(E) THIS SUBDIVISION SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF ANY
CLAIMANT TO GIVE NOTICE TO THE STATE UNDER SECTIONS TEN AND ELEVEN OF
S. 2008--B 15 A. 3008--B
THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF LAW PROVIDED, HOWEVER,
THAT NOTICE SERVED UPON THE STATE OR THE AUTHORITY SHALL BE VALID NOTICE
ON BOTH PARTIES TO THE AGREEMENT, WHEN SUCH CLAIM ARISES OUT OF SUCH
AGREEMENT. THE STATE AND AUTHORITY SHALL NOTIFY EACH OTHER WHEN THEY
RECEIVE A NOTICE OF CLAIM, NOTICE OF INTENTION TO MAKE A CLAIM OR A
CLAIM ARISING OUT OF SUCH AGREEMENT.
(F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO
IMPAIR, ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER
UNDER ANY INSURANCE AGREEMENT.
(G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EMPLOYEES OF THE THRU-
WAY AUTHORITY, ITS SUBSIDIARIES AND THE DEPARTMENT SHALL BE DEEMED
EMPLOYEES OF ALL SUCH ENTITIES AND THE STATE FOR PURPOSES OF THE WORK-
ERS' COMPENSATION LAW.
(H) ANY PAYMENT MADE PURSUANT TO THIS SUBDIVISION OR ANY MONIES PAID
FOR A CLAIM AGAINST OR SETTLEMENT WITH THE DEPARTMENT OR THE NEW YORK
STATE THRUWAY AUTHORITY PURSUANT TO THIS SECTION AND PURSUANT TO A
SHARED SERVICES AGREEMENT SHALL BE PAID FROM APPROPRIATIONS FOR PAYMENT
BY THE STATE PURSUANT TO THE COURT OF CLAIMS ACT.
S 4. Subdivision 1 of section 17 of the public officers law is amended
by adding a new paragraph (y) to read as follows:
(Y) FOR PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE
MEMBERS OF THE BOARD, OFFICERS AND EMPLOYEES OF THE NEW YORK STATE THRU-
WAY AUTHORITY OR ITS SUBSIDIARIES.
S 5. This act, being necessary for the prosperity of the state and its
inhabitants, shall be liberally construed to effect the purposes and
secure the beneficial intents hereof.
S 6. If any provision of any section of this act or the application
thereof to any person or circumstance shall be adjudged invalid by a
court of competent jurisdiction, such order or judgment shall be
confined in its operation to the controversy in which it was rendered,
and shall not affect or invalidate the remainder of any provision of any
section of this act or the application thereof to any other person or
circumstance and to this end the provisions of each section of this act
are hereby declared to be severable.
S 7. This act shall take effect immediately.
PART H
Intentionally Omitted
PART I
Section 1. Item 1 of clause (A) of subparagraph (ii) of paragraph (i)
of subdivision 1 of section 201 of the vehicle and traffic law, as
amended by section 1 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
(1) fifty-five years where the conviction and suspension or revocation
order relates to a conviction, suspension or revocation by the holder of
any driver's license when operating a commercial motor vehicle, as
defined in subdivision four of section five hundred one-a of this chap-
ter, or by the holder of a commercial driver's license OR COMMERCIAL
LEARNER'S PERMIT when operating any motor vehicle, who: has refused to
submit to a chemical test pursuant to section eleven hundred ninety-four
of this chapter or has been convicted of any of the following offenses:
any violation of subdivision two, TWO-A, three [or], four OR FOUR-A of
S. 2008--B 16 A. 3008--B
section eleven hundred ninety-two of this chapter, any violation of
subdivision one or two of section six hundred of this chapter, any felo-
ny involving the use of a motor vehicle, other than the use of a motor
vehicle in the commission of a felony involving manufacturing, distrib-
uting, dispensing a controlled substance; or the conviction, suspension
or revocation involves any of the following offenses while operating a
commercial motor vehicle: any violation of subdivision five or six of
section eleven hundred ninety-two of this chapter, driving a commercial
motor vehicle when as a result of prior violations committed while oper-
ating a commercial motor vehicle, the driver's commercial driver's
license OR COMMERCIAL LEARNER'S PERMIT is suspended or revoked, or has
been convicted of causing a fatality through the negligent operation of
a commercial motor vehicle, including but not limited to the crimes of
vehicular manslaughter and criminally negligent homicide as set forth in
article one hundred twenty-five of the penal law;
S 2. Subdivision 6 of section 501-a of the vehicle and traffic law,
as added by chapter 173 of the laws of 1990, is amended to read as
follows:
6. Tank vehicle. Any commercial motor vehicle designed to transport
any liquid or gaseous material within a tank OR TANKS HAVING AN INDIVID-
UAL RATED CAPACITY OF MORE THAN ONE HUNDRED NINETEEN GALLONS AND AN
AGGREGATE RATED CAPACITY OF ONE THOUSAND GALLONS OR MORE that is either
permanently or temporarily attached to the vehicle or the chassis. [Such
vehicles include, but are not limited to, cargo and portable tanks, as
defined in 49 CFR part 171. However, this definition does not include
portable tanks having a rated capacity under one thousand gallons.] SUCH
TERM SHALL NOT INCLUDE A COMMERCIAL MOTOR VEHICLE TRANSPORTING AN EMPTY
STORAGE CONTAINER TANK, NOT DESIGNED FOR TRANSPORTATION, WITH A RATED
CAPACITY OF ONE THOUSAND GALLONS OR MORE THAT IS TEMPORARILY ATTACHED TO
A FLATBED TRAILER.
S 3. Paragraph (b) of subdivision 1 of section 503 of the vehicle and
traffic law, as amended by section 2 of part D of chapter 58 of the laws
of 2012, 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, A COMMERCIAL LEARNER'S PERMIT SHALL BE VALID FOR NO
MORE THAN ONE HUNDRED EIGHTY DAYS, EXCEPT THAT SUCH PERMIT MAY BE
RENEWED, IN THE COMMISSIONER'S DISCRETION, FOR AN ADDITIONAL ONE HUNDRED
EIGHTY DAYS. Provided, however, that a COMMERCIAL learner's permit
issued by the commissioner in connection with an application for a
commercial driver's license shall be cancelled within sixty days of the
holder's medical certification status becoming "not-certified" based
upon: (i) the expiration of the holder's medical certification or
medical variance documentation required by the federal motor carrier
safety improvement act of 1999 and Part 383.71(h) of title 49 of the
code of federal regulations; (ii) the holder's failure to submit such
medical certification or medical variance documentation at such inter-
vals as required by the federal motor carrier safety improvement act of
1999 and Part 383.71(h) of title 49 of the code of federal regulations
and in a manner prescribed by the commissioner; or (iii) the receipt by
the commissioner of information from the issuing medical examiner or the
federal motor carrier safety administration that a medical certification
or medical variance was issued in error or rescinded. The commissioner
shall, upon a holder's status becoming "not-certified", notify the hold-
S. 2008--B 17 A. 3008--B
er of such COMMERCIAL learner's permit issued in connection with a
commercial driver's license application by first class mail to the
address of such person on file with the department or at the current
address provided by the United States postal service of his or her
"not-certified" medical certification status and that the commercial
motor vehicle privileges of such COMMERCIAL learner's permit will be
cancelled unless he or she submits a current medical certificate and/or
medical variance in accordance with Part 383.71(h) of title 49 of the
code of federal regulations or changes his or her self-certification to
driving only in excepted or intrastate commerce in accordance with Part
383.71(b)[(ii)(B), (C) or (D)](1) (II), (III) OR (IV) of title 49 of the
code of federal regulations.
S 4. Subdivision 6 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph o to read as follows:
O. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
WHERE REVOCATION IS MANDATORY PURSUANT TO SUBPARAGRAPH (III) OF PARA-
GRAPH A OF SUBDIVISION TWO OF THIS SECTION INVOLVING A VIOLATION OF
SECTION THREE HUNDRED NINETY-TWO OF THIS CHAPTER IN RELATION TO AN
APPLICATION FOR THE COMMERCIAL DRIVER'S LICENSE OR THE COMMERCIAL
LEARNER'S PERMIT BEING REVOKED, NO NEW COMMERCIAL DRIVER'S LICENSE OR
COMMERCIAL LEARNER'S PERMIT SHALL BE ISSUED FOR AT LEAST ONE YEAR, NOR
THEREAFTER EXCEPT IN THE DISCRETION OF THE COMMISSIONER.
S 5. Paragraph (b) of subdivision 3 of section 510-a of the vehicle
and traffic law, as amended by section 7 of part K of chapter 59 of the
laws of 2009, is amended, and two new subdivisions 9 and 10 are added to
read as follows:
(b) A commercial driver's license shall be suspended by the commis-
sioner for a period of one hundred twenty days where the holder is
convicted of three serious traffic violations as defined in subdivision
four of this section committed within a three year period, in separate
incidents whether such convictions occurred within or outside of this
state. [Such suspension shall take effect upon the termination of any
other suspension already in effect pursuant to paragraph (a) of this
subdivision or this paragraph.]
9. APPLICATION OF DISQUALIFICATIONS TO HOLDERS OF A COMMERCIAL
LEARNER'S PERMIT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY
PROVISION OF THIS CHAPTER RELATING TO THE REVOCATION, SUSPENSION, DOWN-
GRADING, DISQUALIFICATION OR CANCELLATION OF A COMMERCIAL DRIVER'S
LICENSE SHALL APPLY IN THE SAME MANNER TO A COMMERCIAL LEARNER'S PERMIT.
10. CONSECUTIVE DISQUALIFICATION PERIODS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, WHENEVER A SUSPENSION, REVOCATION OR DISQUALIFICATION
APPLICABLE TO A COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL LEARNER'S
PERMIT IS REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF FEDERAL
REGULATIONS AND THEREBY IMPOSED PURSUANT TO THIS SECTION OR PARAGRAPH B
OR C OF SUBDIVISION SIX OF SECTION FIVE HUNDRED TEN OR SECTION ELEVEN
HUNDRED NINETY-THREE OR ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER, SUCH
SUSPENSION, REVOCATION OR DISQUALIFICATION SHALL TAKE EFFECT UPON THE
EXPIRATION OF THE MINIMUM PERIOD OF A SUSPENSION, REVOCATION OR DISQUAL-
IFICATION REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF FEDERAL
REGULATIONS AND THEREBY IMPOSED PURSUANT TO THIS SECTION OR PARAGRAPH B
OR C OF SUBDIVISION SIX OF SECTION FIVE HUNDRED TEN OR SECTION ELEVEN
HUNDRED NINETY-THREE OR ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER WHICH
IS CURRENTLY IN EFFECT FOR SUCH LICENSE OR PERMIT AND AROSE FROM A SEPA-
RATE INCIDENT. PROVIDED, HOWEVER, THAT THE TERM OR TERMS OF ANY OTHER
SUSPENSION, REVOCATION OR DISQUALIFICATION APPLICABLE TO A COMMERCIAL
DRIVER'S LICENSE OR COMMERCIAL LEARNER'S PERMIT SHALL RUN CONCURRENTLY
S. 2008--B 18 A. 3008--B
IF: (A) SUCH SUSPENSION, REVOCATION OR DISQUALIFICATION IS NOT REQUIRED
BY PART 383.51 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS; OR (B)
SUCH SUSPENSION, REVOCATION OR DISQUALIFICATION AROSE FROM THE SAME
INCIDENT.
S 6. Paragraph (d) of subdivision 1 of section 514 of the vehicle and
traffic law, as added by section 7 of part CC of chapter 58 of the laws
of 2011, is amended to read as follows:
(d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of
this subdivision, upon a judgment of conviction for a violation of any
provisions of this chapter or of any local law, rule, ordinance or regu-
lation relating to traffic (except one related to parking, stopping or
standing), the court or the clerk thereof shall, within ninety-six hours
of the imposition of the sentence, file the certificate required by
paragraph (a) of this subdivision, if the person convicted: (i) is the
holder of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license
issued by another state; or (ii) does not hold a COMMERCIAL LEARNER'S
PERMIT OR A commercial driver's license, but has been issued a license
by another state and is convicted of a violation that was committed in a
commercial motor vehicle, as defined in subdivision four of section five
hundred one-a of this title.
S 7. Subdivisions 1 and 2 of section 514-a of the vehicle and traffic
law, as added by chapter 173 of the laws of 1990, are amended to read as
follows:
1. Each person who operates a commercial motor vehicle for a New York
state employer who is convicted of violating within or outside of this
state, in any type of motor vehicle, a state or local law relating to
motor vehicle traffic control (other than a parking violation), shall
notify his/her current employer of such conviction. Any person who holds
a commercial driver's license issued by the commissioner who does not
operate a commercial motor vehicle for a New York state employer or who
operates a commercial motor vehicle while self-employed who is convicted
in any other state WHICH HAS BEEN DECERTIFIED IN ACCORDANCE WITH PART
384.405 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS AND NOTICE OF
SUCH DECERTIFICATION HAS BEEN PUBLISHED IN THE FEDERAL REGISTER PURSUANT
TO PART 384.409 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, the
District of Columbia or a Canadian province of violating any law relat-
ing to motor vehicle traffic control (other than a parking violation)
while operating a commercial motor vehicle shall notify the commissioner
of such conviction. Such notification must be made within thirty days
after the date that the person has been convicted except that if a
person is a bus driver as defined in section five hundred nine-a of this
chapter, such notification must be made within five days after the date
the person has been convicted as required by section five hundred nine-i
of this chapter. The above notification must be made in writing and
contain the following information: (a) driver's full name; (b) driver's
license number; (c) date of conviction; (d) the specific criminal or
other offense(s), serious traffic violation(s) of state or local law
relating to motor vehicle traffic control, for which the person was
convicted and any suspension, revocation, cancellation of any driving
privileges or disqualification from operating a commercial motor vehicle
which resulted from such conviction(s); (e) indication whether the
violation was in a commercial motor vehicle; (f) location of offense;
(g) court or tribunal in which the conviction occurred; and (h) driver's
signature.
2. Each person who operates a commercial motor vehicle for a New York
state employer who has a COMMERCIAL LEARNER'S PERMIT OR A COMMERCIAL
S. 2008--B 19 A. 3008--B
driver's license suspended, revoked, or canceled by the commissioner or
by the appropriate authorities of any other state, District of Columbia
or Canadian province, or who loses the right to operate a commercial
motor vehicle in any state or jurisdiction for any period, or who is
disqualified from operating a commercial motor vehicle for any period,
shall notify his/her current employer of such suspension, revocation,
cancellation, lost privilege, or disqualification.
S 8. Section 514-c of the vehicle and traffic law, as added by chapter
251 of the laws of 2007, is amended to read as follows:
S 514-c. Notification of non-resident commercial operator convictions.
Within ten days of the conviction of: (a) any holder of a COMMERCIAL
LEARNER'S PERMIT OR A commercial driver's license issued by another
state for any violation of state or local law regulating traffic, other
than a parking, stopping or standing violation, committed while operat-
ing a motor vehicle in this state; or
(b) any holder of a driver's license issued by another state for any
violation of state or local law regulating traffic, other than a park-
ing, stopping or standing violation, committed while operating a commer-
cial motor vehicle in this state, the commissioner shall provide notice
of such conviction to the state which issued such holder's COMMERCIAL
LEARNER'S PERMIT, commercial driver's license or driver's license.
S 9. Subdivision 9 of section 170.55 of the criminal procedure law, as
added by section 8 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
9. Notwithstanding any other provision of this section, a court may
not issue an order adjourning an action in contemplation of dismissal if
the offense is for a violation of the vehicle and traffic law related to
the operation of a motor vehicle (except one related to parking, stop-
ping or standing), or a violation of a local law, rule or ordinance
related to the operation of a motor vehicle (except one related to park-
ing, stopping or standing), if such offense was committed by the holder
of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license or was
committed in a commercial motor vehicle, as defined in subdivision four
of section five hundred one-a of the vehicle and traffic law.
S 10. Paragraph c of subdivision 2 of section 140 of the transporta-
tion law is amended by adding a new subparagraph (vii) to read as
follows:
(VII) NO PERSON, CORPORATION, LIMITED LIABILITY COMPANY OR BUSINESS
ENTITY, JOINT STOCK ASSOCIATION, PARTNERSHIP, OR ANY OFFICER OR AGENT
THEREOF, SHALL KNOWINGLY ALLOW, REQUIRE, PERMIT OR AUTHORIZE ANY PERSON
TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SECTION FIVE
HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW, DURING ANY PERIOD IN WHICH
THE OPERATOR:
(A) DOES NOT HAVE A VALID COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL
DRIVER'S LICENSE; OR
(B) DOES NOT HAVE A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S
LICENSE WITH THE PROPER CLASS OR ENDORSEMENTS; OR
(C) VIOLATES ANY RESTRICTION ON SUCH OPERATOR'S COMMERCIAL LEARNER'S
PERMIT OR COMMERCIAL DRIVER'S LICENSE; OR
(D) HAS A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S LICENSE
THAT IS SUSPENDED, REVOKED OR CANCELLED, OR SUCH OPERATOR HAS BEEN
OTHERWISE DISQUALIFIED BY THE COMMISSIONER OF MOTOR VEHICLES; OR
(E) HAS MORE THAN ONE COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIV-
ER'S LICENSE.
A VIOLATION OF THIS SUBPARAGRAPH SHALL BE PUNISHABLE BY A FINE OF NOT
LESS THAN TWO HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS.
S. 2008--B 20 A. 3008--B
S 11. This act shall take effect July 8, 2015 and shall apply to
violations committed on or after such date, and shall apply to permits
issued on or after such date.
PART J
Section 1. Subdivision 2 of section 357-a of the public authorities
law, as added by section 1 of part E of chapter 58 of the laws of 2013,
is amended to read as follows:
2. The state shall be responsible for additional goods and services
provided by the authority equal to [twenty-four million] TWENTY-ONE
MILLION FIVE HUNDRED THOUSAND dollars in each calendar year. Such goods
and services shall be deemed to be costs to the state and not operating
costs of the authority. The authority and the director of the division
of the budget shall enter into an agreement identifying any such state
costs and determine reporting and other requirements related thereto.
Such agreement and any amendments thereto shall be transmitted by the
authority, within ten business days of the execution of such agreement
and amendments thereto, to the chair of the senate finance committee,
the chair of the assembly ways and means committee, the chair of the
senate transportation committee and the chair of the assembly transpor-
tation committee. By February first of each year, a report identifying
all state costs paid pursuant to such agreement in the preceding calen-
dar year will be transmitted by the authority to the director of the
budget, the chair of the senate finance committee, the chair of the
assembly ways and means committee, the chair of the senate transporta-
tion committee and the chair of the assembly transportation committee.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2015.
PART K
Intentionally Omitted
PART L
Intentionally Omitted
PART M
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 Z of chapter 57 of the
laws of 2014, is amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2015] 2016.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2015.
PART N
Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
S. 2008--B 21 A. 3008--B
of the New York state urban development corporation to make loans, as
amended by section 1 of part AA of chapter 57 of the laws of 2014, 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, [2015] 2016, 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 July 1, 2015.
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, 2015.
PART P
Section 1. Expenditures of moneys by the New York state energy
research and development authority for services and expenses of the
energy research, development and demonstration program, including
grants, the energy policy and planning program, and the Fuel NY program
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 in an amount not to exceed $19,700,000
shall be reimbursed by assessment against gas corporations, as defined
in subdivision 11 of section 2 of the public service law and electric
corporations as defined in subdivision 13 of section 2 of the public
service law, where such gas corporations and electric corporations have
gross revenues from intrastate utility operations in excess of $500,000
in the preceding calendar year, and the total amount which may be
charged to any gas corporation and any electric 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 2013. Such amounts shall
be excluded from the general assessment provisions of subdivision 2 of
section 18-a of the public service law. The chair of the public service
commission shall bill such gas and/or electric corporations for such
amounts on or before August 10, 2015 and such amounts shall be paid to
the New York state energy research and development authority on or
before September 10, 2015. Upon receipt, the New York state energy
research and development authority shall deposit such funds in the ener-
gy research and development operating fund established pursuant to
section 1859 of the public authorities law. The New York state energy
research and development authority is authorized and directed to: (1)
transfer $1 million to the state general fund for services and expenses
of the department of environmental conservation and to transfer $750,000
to the University of Rochester laboratory for laser energetics from the
funds received; (2) the authority shall not commit for any expenditure,
S. 2008--B 22 A. 3008--B
any moneys derived from the assessment provided for in this section,
until the chair of such authority shall have submitted, and the director
of the budget shall have approved, a comprehensive financial plan encom-
passing all moneys available to and all anticipated commitments and
expenditures by such authority from any source for the operations of
such authority. Copies of the approved comprehensive financial plan
shall be immediately submitted by the chair to the chairs and secre-
taries of the legislative fiscal committees; and (3) commencing in 2016,
provide to the chair of the public service commission and the director
of the budget and the chairs and secretaries of the legislative fiscal
committees, on or before August first of each year, an itemized record,
certified by the president and chief executive officer of the authority,
or his or her designee, detailing any and all expenditures and commit-
ments ascribable to moneys received as a result of this assessment by
the chair of the department of public service pursuant to section 18-a
of the public service law. This itemized record shall include an item-
ized breakdown of the programs being funded by this section and the
amount committed to each program. Any such amount not committed by such
authority to contracts or otherwise expended by the authority during the
fiscal year shall be refunded by such authority on a pro-rata basis to
such gas and/or electric corporations, in a manner to be determined by
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, 2015.
PART Q
Section 1. Section 312-a of the executive law, as amended by chapter
175 of the laws of 2010, is amended to read as follows:
S 312-a. Study of minority and women-owned business enterprise
programs. 1. The director of the division of minority and women-owned
business development in the department of economic development is
authorized and directed to recommission a statewide disparity study
regarding the participation of minority and women-owned business enter-
prises in state contracts since the amendment of this article to be
delivered to the governor and legislature no later than [February]
AUGUST fifteenth, two thousand sixteen. The study shall be prepared by
an entity independent of the department and selected through a request
for proposal process. The purpose of such study is:
(a) to determine whether there is a disparity between the number of
qualified minority and women-owned businesses ready, willing and able to
perform state contracts for commodities, services and construction, and
the number of such contractors actually engaged to perform such
contracts, and to determine what changes, if any, should be made to
state policies affecting minority and women-owned business enterprises;
and (b) to determine whether there is a disparity between the number of
qualified minorities and women ready, willing and able, with respect to
labor markets, qualifications and other relevant factors, to participate
in contractor employment, management level bodies, including boards of
directors, and as senior executive officers within contracting entities
and the number of such group members actually employed or affiliated
with state contractors in the aforementioned capacities, and to deter-
mine what changes, if any, should be made to state policies affecting
minority and women group populations with regard to state contractors'
employment and appointment practices relative to diverse group members.
Such study shall include, but not be limited to, an analysis of the
S. 2008--B 23 A. 3008--B
history of minority and women-owned business enterprise programs and
their effectiveness as a means of securing and ensuring participation by
minorities and women, and a disparity analysis by market area and region
of the state. Such study shall distinguish between minority males,
minority females and non-minority females in the statistical analysis.
2. The director of the division of minority and women-owned business
development is directed to transmit the disparity study to the governor
and the legislature not later than [February] AUGUST fifteenth, two
thousand sixteen, and to post the study on the website of the department
of economic development.
S 2. The opening paragraph of subdivision (h) of section 121 of chap-
ter 261 of the laws of 1988, amending the state finance law and other
laws relating to the New York state infrastructure trust fund, as
amended by chapter 175 of the laws of 2010, is amended to read as
follows:
The provisions of section sixty-two through sixty-six of this act
shall expire on December thirty-first, two thousand [sixteen] SEVENTEEN,
except that:
S 3. This act shall take effect immediately; provided, however, that
the amendments to section 312-a of the executive law made by section one
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith.
PART R
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART S
Section 1. Section 2 of part BB of chapter 58 of the laws of 2012,
amending the public authorities law relating to authorizing the dormito-
ry authority to enter into certain design and construction management
agreements, as amended by section 1 of part W of chapter 57 of the laws
of 2014, is amended to read as follows:
S 2. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2015] 2017.
S 2. Within 90 days of the effective date of this act, the dormitory
authority of the state of New York shall provide a report providing
information regarding any project undertaken pursuant to a design and
construction management agreement, as authorized by part BB of chapter
58 of the laws of 2012, between the dormitory authority of the state of
New York and the department of environmental conservation and/or the
office of parks, recreation and historic preservation to the governor,
the temporary president of the senate and speaker of the assembly. Such
report shall include but not be limited to a description of each such
project, the project identification number of each such project, if
applicable, the projected date of completion, the status of the project,
the total cost or projected cost of each such project, and the location,
including the names of any county, town, village or city, where each
such project is located or proposed. In addition, such a report shall be
S. 2008--B 24 A. 3008--B
provided to the aforementioned parties by the first day of March of each
year that the authority to enter into such agreements pursuant to part
BB of chapter 58 of the laws of 2012 is in effect.
S 3. This act shall take effect immediately and shall be deemed to
have been in effect on and after April 1, 2015.
PART T
Section 1. Section 2 of chapter 21 of the laws of 2003, amending the
executive law relating to permitting the secretary of state to provide
special handling for all documents filed or issued by the division of
corporations and to permit additional levels of such expedited service,
as amended by section 1 of part N of chapter 57 of the laws of 2014, is
amended to read as follows:
S 2. This act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and shall expire March 31, [2015]
2016.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2015.
PART U
Section 1. Subdivision 2 of section 446-b of the real property law, as
amended by chapter 61 of the laws of 1989, is amended to read as
follows:
2. The application for such license shall be filed in the office of
the secretary of state on such forms as the secretary may prescribe [and
shall be accompanied by a fee of four hundred dollars].
S 2. Subdivision 3 of section 446-b of the real property law, as
amended by chapter 805 of the laws of 1980, is amended to read as
follows:
3. When the apartment information vendor maintains more than one place
of business, he shall apply for [and the secretary shall issue] a
supplemental license for each branch office so maintained [upon payment
of a fee of two hundred fifty dollars for each supplemental license so
issued]. Supplemental licenses shall be conspicuously displayed in each
branch office. The display of an expired license by any person, firm,
partnership or corporation is a violation of the provisions of this
article.
S 3. Subdivision 5 of section 446-b of the real property law, as
amended by chapter 805 of the laws of 1980, is amended to read as
follows:
5. Any license granted under the provisions hereof may be renewed for
one year by the secretary upon application therefor by the holder, in
such form as the secretary may prescribe[, and payment of a two hundred
fifty dollar fee for such license]. The secretary may dispense with the
requirement for the filing of such statements as was contained in the
original application for license.
S 4. Subdivision 2 of section 446-d of the real property law, as
amended by chapter 805 of the laws of 1980, is amended to read as
follows:
2. The secretary shall be notified in writing at his OR HER office in
Albany of any change of a licensee's business address or name, and the
secretary shall issue a license for the unexpired term, upon return of
the original license [and the payment of a fee of twenty dollars]. A
S. 2008--B 25 A. 3008--B
licensee who fails to notify the secretary of any change in business
address or name within ten days shall forfeit his OR HER license.
S 5. This act shall take effect immediately.
PART V
Section 1. Section 219 of the agriculture and markets law, as amended
by chapter 122 of the laws of 1988, is amended to read as follows:
S 219. Application [and fee]. Application for license as a food
salvager[,] SHALL BE MADE upon a form prescribed by the commissioner[,
shall be made on or before June first in every other year for the
license period beginning July first following]. The applicant shall
satisfy the commissioner of his OR HER character and that he OR SHE has
adequate physical facilities for salvaging food and food products. If so
satisfied, the commissioner shall [upon receipt of the license fee]
issue to the applicant a [license which shall be] non-transferable
LICENSE, WHICH WILL EXPIRE ON THE THIRTIETH OF JUNE OF THE NEXT EVEN
NUMBERED YEAR FOLLOWING ITS ISSUANCE. [The biennial license fee shall be
one hundred dollars.] APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY
THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
EXPIRATION OF THE EXISTING LICENSE. Where a person operates more than
one salvage warehouse a separate license is required for each location.
S 2. Section 231 of the agriculture and markets law, as amended by
section 7 of part I1 of chapter 62 of the laws of 2003, is amended to
read as follows:
S 231. Licenses, issuance of. No person or corporation shall maintain
or operate any refrigerated warehouse and/or locker plant unless
licensed by the commissioner. Application[,] SHALL BE MADE upon a form
prescribed by the commissioner[, shall be made on or before September
first of every other year for the license period beginning October first
following]. The applicant shall satisfy the commissioner of his or [its]
HER character, financial responsibility, and competency to operate a
refrigerated warehouse or locker plant. The commissioner, if so satis-
fied, shall[, upon receipt of the license fee or fees,] issue to the
applicant a license or licenses [to operate the refrigerated warehouse
or warehouses or locker plant or locker plants described in the applica-
tion until the first day of October] WHICH WILL EXPIRE ON THE THIRTIETH
OF SEPTEMBER of the NEXT ODD NUMBERED year following [the year in which
such license was issued] ITS ISSUANCE. [The biennial license fee shall
be two hundred dollars for each refrigerated warehouse. If a locker
plant is operated as part of a refrigerated warehouse and upon the same
premises, no additional license fee shall be required.] APPLICATION FOR
RENEWAL OF SUCH LICENSE OR LICENSES FOR A PERIOD OF TWO YEARS SHALL BE
MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND SUBMIT-
TED NO LATER THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING
LICENSE OR LICENSES.
S 3. Section 96-z-2 of the agriculture and markets law, as added by
chapter 391 of the laws of 1968, is amended to read as follows:
S 96-z-2. Application [and fees]. Application for a license to operate
a disposal plant or transportation service[,] SHALL BE MADE upon a form
prescribed by the commissioner[, shall be made on or before September
first in each year for the license year beginning October first follow-
ing]. The applicant shall satisfy the commissioner of his OR HER charac-
ter and that he OR SHE has adequate physical facilities for the opera-
tion of a disposal plant or transportation service. If so satisfied, the
S. 2008--B 26 A. 3008--B
commissioner shall [upon payment of the license fee] issue to the appli-
cant a NON-TRANSFERABLE license which [shall be non-transferable] WILL
EXPIRE ON THE THIRTIETH DAY OF SEPTEMBER OF THE NEXT EVEN NUMBERED YEAR
FOLLOWING ITS ISSUANCE. APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A FORM PRESCRIBED BY
THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
EXPIRATION OF THE EXISTING LICENSE. [The annual license fee for a
disposal plant shall be one hundred dollars, plus an inspection fee of
ten dollars for each vehicle. The annual license fee for a transporta-
tion service shall be twenty-five dollars, plus an inspection fee of ten
dollars for each vehicle.]
S 4. Section 128-a of the agriculture and markets law, as amended by
chapter 451 of the laws of 2008, subdivisions 4, 5, 6, 7, 8 and 9 as
renumbered by section 2 of part N of chapter 58 of the laws of 2012, is
amended to read as follows:
S 128-a. Licenses. 1. No person shall manufacture any commercial feed
in this state unless such person holds a license issued therefor by the
commissioner. [Notwithstanding the foregoing, a person, in operation on
or before the effective date of this section, who has filed an applica-
tion for an initial license under this section shall be authorized to
operate without such license until the commissioner grants or, after
notice and opportunity to be heard, declines to grant such license.]
Each application for a license shall be made on a form supplied by the
department and shall contain such information as may be required by the
department. A LICENSE ISSUED ON OR BEFORE THE THIRTIETH OF JUNE WILL
EXPIRE ON THE THIRTY-FIRST OF DECEMBER OF THE YEAR OF ITS ISSUANCE, AND
IF ISSUED BETWEEN JULY FIRST AND DECEMBER THIRTY-FIRST, WILL EXPIRE ON
THE THIRTY-FIRST DAY OF DECEMBER IN THE YEAR FOLLOWING ITS ISSUANCE.
Renewal applications shall be [submitted to] MADE ANNUALLY ON A FORM
PRESCRIBED BY the commissioner [at least] AND SUBMITTED NO LATER THAN
thirty days prior to the [commencement of the next license year] EXPIRA-
TION OF THE EXISTING LICENSE.
2. The commissioner may deny any application for a license or revoke
any license when granted, after written notice to the applicant and an
opportunity to be heard, when:
(a) any statement in the application or upon which it was issued is or
was false or misleading;
(b) facilities of the applicant are not maintained in a manner as
required by rules and regulations duly promulgated by the commissioner;
(c) the maintenance and operation of the establishment of the appli-
cant is such that the commercial feed produced therein is or may be
adulterated, misbranded, or not maintained in any manner as required by
this article;
(d) the applicant or licensee, or an officer, director, partner or
holder of ten per centum or more of the voting stock of the applicant or
licensee, has failed to comply with any of the provisions of this arti-
cle or rules and regulations promulgated pursuant thereto; or
(e) the applicant or licensee is a partnership or corporation and any
individual holding any position or interest or power of control therein
has previously been responsible in whole or in part for any act on
account of which an application for licensure may be denied or a license
revoked pursuant to the provisions of this article.
3. [Each application for an initial license shall be accompanied by a
non-refundable fee of one hundred dollars. The commissioner shall
prorate the license fee for any person applying for an initial license
after the commencement of the licensing period. Licenses shall be renew-
S. 2008--B 27 A. 3008--B
able annually thereafter, together with the payment of a non-refundable
fee of fifty dollars.
4.] Inspection in accordance with section one hundred thirty-five-a of
this article, the results of which establish compliance with the
provisions of this article, shall precede issuance of a license or
renewal thereof under this section.
[5.] 4. Upon validation by the commissioner, the application shall
become the license of the person.
[6.] 5. The commissioner shall provide a copy of the license to the
[person] LICENSEE. The commissioner shall also retain a copy of the
license.
[7.] 6. No licensee shall publish or advertise the sale of any commer-
cial feed unless the publication or advertisement is accompanied by such
licensee's license number. [Notwithstanding the foregoing, a person, in
operation on or before the effective date of this section, who has filed
an application for an initial license under this section may publish or
advertise the sale or availability of any commercial feed without the
publication or advertisement being accompanied by the person's license
number until the commissioner grants or, after notice and opportunity to
be heard, declines to grant such license.
8.] 7. Commercial feed licenses shall be conspicuously displayed on
the premises so that they may be readily seen by officers and employees
of the department.
[9.] 8. Notwithstanding the definition of commercial feed under subdi-
vision seven of section one hundred twenty-eight of this article, the
provisions of this section shall not apply to a person who conducts a
business of selling pet food and specialty pet food.
S 5. Section 142-ee of the agriculture and markets law, as amended by
chapter 251 of the laws of 1999, is amended to read as follows:
S 142-ee. License [and fee]. Each certificate filed pursuant to
section one hundred forty-two-dd OF THIS ARTICLE shall be accompanied by
an application, upon forms supplied by the commissioner, for a license
to supply such material under the brand name specified therein, and
there shall be transmitted therewith a copy of the label and of the
statement proposed to accompany such material in compliance with section
one hundred forty-two-cc[, together with a license fee of forty dollars
for each such brand] OF THIS ARTICLE. Such application shall incorpo-
rate by reference the data contained in the accompanying certificate for
the brand for which the license is sought. Upon compliance with the
provisions of this article, the applicant shall be issued a license for
the supplying of such qualifying brand of agricultural liming material,
which license shall expire on the thirty-first day of December of the
NEXT EVEN NUMBERED year following the year in which it is issued, but no
such license shall be issued for the supplying of any such material
which does not meet the minimum standards herein provided for, nor for
the supplying thereof under a brand descriptive designation or with a
label or accompanying statement which is or tends to be misleading or
deceptive as to quality, analysis or composition. APPLICATION FOR A
RENEWAL OF THE LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIAL-
LY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER
THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE. Any
such license so issued may be revoked by the commissioner, after notice
to the licensee by mail or otherwise and opportunity to be heard, when
it appears that any statement or representation upon which it is issued
is false or misleading. The action of the commissioner in refusing to
grant a license, or in revoking a license, shall be subject to review by
S. 2008--B 28 A. 3008--B
a proceeding under article seventy-eight of the civil practice law and
rules, but the decision of the commissioner shall be final unless within
thirty days from the date of the order embodying such action such
proceeding to review has been instituted.
Whenever a manufacturer, producer or distributor shall have been
licensed to supply a particular brand of material hereunder, no agent,
seller or retailer of such brand shall be required to file a certificate
or obtain a license for such brand during a period for which such
license is in effect, nor upon such goods which were acquired during a
period for which a license was in effect and remaining undistributed in
subsequent years.
S 6. Subdivision (a) of section 146 of the agriculture and markets
law, as amended by chapter 251 of the laws of 1999, is amended to read
as follows:
(a) No person shall distribute in this state any type of fertilizer
until a [biennial] license to distribute the same has been obtained from
the commissioner by the person whose labelling is applied to such ferti-
lizer upon payment of a one hundred fifty dollar fee. [All licenses
shall expire on a date to be set by the commissioner in regulations.]
THE INITIAL LICENSE ISSUED HEREUNDER SHALL EXPIRE ON DECEMBER THIRTY-
FIRST OF THE NEXT EVEN NUMBERED YEAR FOLLOWING THE YEAR IN WHICH IT WAS
ISSUED AND EACH RENEWAL OF THAT LICENSE SHALL BE FOR A TWO YEAR PERIOD,
ENDING ON DECEMBER THIRTY-FIRST. APPLICATION FOR A RENEWAL OF SUCH
LICENSE SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE COMMIS-
SIONER AND BE SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE EXPIRA-
TION OF THE EXISTING LICENSE.
S 7. Section 147-b of the agriculture and markets law, as amended by
chapter 122 of the laws of 1988, is amended to read as follows:
S 147-b. License. No person shall sell, offer or expose for sale in
this state any soil or plant inoculant unless licensed as provided in
this section. Application for a license SHALL BE MADE upon a form
prescribed by the commissioner [shall be made biennially. The applica-
tion] AND shall include a statement as to whether the inoculant is
represented as effective for inoculating legumes or for some other
purpose, and, if represented as effective for the inoculation of
legumes, for which legume or legumes it is so represented. With the
application, the applicant shall present a representative sample of the
soil or plant inoculant described in the application. The commissioner,
if satisfied that the inoculant may be depended upon to produce an
effective inoculation for the purpose represented, shall issue to such
applicant a license for the sale of such inoculant, expiring on December
thirty-first of the NEXT EVEN NUMBERED year following [the year in which
it is issued] ITS ISSUANCE. [The applicant shall pay biennially, at the
time of presenting the application, to the commissioner for remittance
to the state treasury, a license fee of twenty dollars for each brand of
inoculants as defined in the rules and regulations adopted by the
commissioner as provided in this article.] APPLICATION FOR RENEWAL OF
SUCH LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A
FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY
DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE.
S 8. Paragraph (a) of subdivision 1 of section 248 of the agriculture
and markets law, as amended by chapter 490 of the laws of 2005, is
amended to read as follows:
(a) No person shall act as a dealer unless licensed as provided in
this article. Application shall be made upon such forms and at such
times as prescribed by the commissioner. Renewal applications shall be
S. 2008--B 29 A. 3008--B
submitted to the commissioner at least thirty days prior to the
[commencement of the next] EXPIRATION OF THE EXISTING license [year]. No
action will be taken on applications deemed incomplete by the commis-
sioner. The applicant shall furnish evidence of his or her good charac-
ter, financial statements, prepared and certified by a certified public
accountant when required by the commissioner, and evidence that he or
she has adequate physical facilities for receiving and handling farm
products or processing farm products if he or she is to act as a dealer.
The commissioner, if so satisfied, shall issue to such applicant, [upon
payment of twenty dollars, and] upon the filing of a bond or letter of
credit and upon payment of a fee to be deposited into the agricultural
producers security fund as hereinafter provided, a license entitling the
applicant to conduct the business of a dealer in farm products for a
period of one year. Notwithstanding any other provision of this section,
an applicant who intends to pay and a licensee who pays upon delivery
for purchases of farm products from producers, in cash, or cash equiv-
alent, including only certified or bank check, money order, electronic
funds transfer, or by debit card, shall be exempt from filing a bond or
letter of credit. In the event that a licensee who has been so exempted
from filing a bond or letter of credit fails to pay cash or a cash
equivalent upon delivery for any purchase of farm products from a
producer, such licensee shall file a bond or letter of credit as other-
wise required by this section with the commissioner no later than ten
business days from the date the commissioner notifies the licensee that
such bond or letter of credit is required.
S 9. Subdivision 5 of section 500 of the agriculture and markets law,
as amended by section 3 of part II of chapter 59 of the laws of 2009, is
amended to read as follows:
5. Licensure. No person shall maintain or operate a retail food store,
food service establishment or food warehouse unless such establishment
is licensed pursuant to the provisions of this article, provided, howev-
er, that establishments registered, permitted or licensed by the depart-
ment pursuant to other provisions of this chapter, under permit and
inspection by the state department of health or by a local health agency
which maintains a program certified and approved by the state commis-
sioner of health, or subject to inspection by the United States depart-
ment of agriculture pursuant to the federal meat, poultry or egg
inspection programs, shall be exempt from licensure under this article.
Application for licensure of a retail food store, food service estab-
lishment or food warehouse shall be made, upon a form prescribed by the
commissioner, on or before December first of every other year for the
registration period beginning January first following. Upon submission
of a completed application, together with the applicable licensing fee,
the commissioner shall ISSUE A license TO the retail food store, food
service establishment or food warehouse described in the application for
two years from the [applicable registration commencement period set
forth in this section] DATE OF ISSUANCE. The [licensing] LICENSE fee
shall be two hundred fifty dollars provided, however, that food ware-
houses shall pay a [licensing] LICENSE fee of four hundred dollars.
NOTWITHSTANDING THE PRECEDING SENTENCE, THE COMMISSIONER SHALL, UPON
SUBMISSION OF A COMPLETED APPLICATION FOR A NEW LICENSE BY AN APPLICANT
THAT IS A CHAIN STORE, AS DEFINED BY SUBDIVISION FIVE OF SECTION TWO
HUNDRED FIFTY-ONE-Z-TWO OF THIS CHAPTER, ISSUE SUCH LICENSE FOR A PERIOD
ENDING ON THE SAME DATE AS THE LICENSES OF THE OTHER CHAIN STORES THAT
ARE A PART OF THE SAME NETWORK.
S. 2008--B 30 A. 3008--B
S 10. Subdivision 1 of section 133-a of the agriculture and markets
law is amended by adding a new paragraph (c) to read as follows:
(C) NO FEE SHALL BE PAID BY ANY PERSON FOR ANY YEAR IN WHICH SUCH
PERSON DISTRIBUTED LESS THAN ONE HUNDRED TONS OF FEED INGREDIENTS AND
COMMERCIAL FEEDS IN THIS STATE.
S 11. This act shall take effect immediately.
PART W
Section 1. Legislative findings. The legislature hereby finds and
determines that the establishment of the utility debt securitization
authority under part B of chapter 173 of the laws of 2013 permitted the
issuance of securitized restructuring bonds on favorable terms which
resulted in lower aggregate distribution, transmission and transition
charges to Long Island ratepayers, compared to other available alterna-
tives, and the purposes of such act will be further advanced by amending
such act to permit the issuance of additional such bonds subject to a
limit on the outstanding principal amount thereof, including the poten-
tial issuance of such bonds by a newly created restructuring bond
issuer.
S 2. Subdivision 10 of section 2 of part B of chapter 173 of the laws
of 2013 relating to the issuance of securitized restructuring bonds to
refinance the outstanding debt of the Long Island power authority is
amended to read as follows:
10. "Restructuring bond issuer" means the corporate municipal instru-
mentality of the state created under PARAGRAPH (A) OR (B) OF SUBDIVISION
ONE OF section four of this act.
S 2-a. Subdivision 11 of section 2 of part B of chapter 173 of the
laws of 2013 relating to the issuance of securitized restructuring bonds
to refinance the outstanding debt of the Long Island power authority is
amended to read as follows:
11. "Restructuring bonds" means bonds or other evidences of indebt-
edness that are issued pursuant to an indenture or other agreement of
the restructuring bond issuer under a restructuring cost financing order
(a) the proceeds of which are used, directly or indirectly, to recover,
finance, or refinance approved restructuring costs, (b) that are direct-
ly or indirectly secured by, or payable from, restructuring property,
[and] (c) that have a term no longer than thirty years AND (D) THAT HAVE
A FINAL SCHEDULED MATURITY DATE NO LATER THAN THE FINAL SCHEDULED MATU-
RITY DATE OF THE AUTHORITY BONDS PURCHASED, REDEEMED OR DEFEASED WITH
THE PROCEEDS OF SUCH RESTRUCTURING BONDS.
S 3. The section heading and subdivision 1 of section 4 of part B of
chapter 173 of the laws of 2013 relating to the issuance of securitized
restructuring bonds to refinance the outstanding debt of the Long Island
power authority is amended to read as follows:
Creation of restructuring bond [issuer] ISSUERS. 1. Creation of
restructuring bond [issuer] ISSUERS. (A) For the purpose of effectuat-
ing the purposes declared in section one of this act, there is hereby
created a special purpose corporate municipal instrumentality of the
state to be known as "utility debt securitization authority", which
shall be a body corporate and politic, a political subdivision of the
state, and a public benefit corporation, exercising essential govern-
mental and public powers for the good of the public. [The] SUCH restruc-
turing bond issuer shall not be created or organized, and its operations
shall not be conducted, for the purpose of making a profit. No part of
the revenues or assets of [the] SUCH restructuring bond issuer shall
S. 2008--B 31 A. 3008--B
inure to the benefit of or be distributable to its trustees or officers
or any other private persons, except as herein provided for actual
services rendered. THE AGGREGATE PRINCIPAL AMOUNT OF RESTRUCTURING
BONDS AUTHORIZED TO BE ISSUED BY RESTRUCTURING BOND ISSUERS CREATED
PURSUANT TO THIS ACT SHALL NOT EXCEED FOUR BILLION FIVE HUNDRED MILLION
DOLLARS.
(B) FOR THE PURPOSE OF EFFECTUATING THE PURPOSES DECLARED IN SECTION
ONE OF THIS ACT, AND IN CONTEMPLATION OF SATISFACTION OF THE CONDITIONS
SET FORTH IN THE LAST SENTENCE OF THIS PARAGRAPH, THERE IS HEREBY
CREATED A SPECIAL PURPOSE CORPORATE MUNICIPAL INSTRUMENTALITY OF THE
STATE TO BE KNOWN AS "UTILITY DEBT SECURITIZATION AUTHORITY NO. 2",
WHICH SHALL BE A BODY CORPORATE AND POLITIC, A POLITICAL SUBDIVISION OF
THE STATE, AND A PUBLIC BENEFIT CORPORATION, EXERCISING ESSENTIAL
GOVERNMENTAL AND PUBLIC POWERS FOR THE GOOD OF THE PUBLIC. SUCH RESTRUC-
TURING BOND ISSUER SHALL NOT BE CREATED OR ORGANIZED, AND ITS OPERATIONS
SHALL NOT BE CONDUCTED, FOR THE PURPOSE OF MAKING A PROFIT. NO PART OF
THE REVENUES OR ASSETS OF SUCH RESTRUCTURING BOND ISSUER SHALL INURE TO
THE BENEFIT OF OR BE DISTRIBUTABLE TO ITS TRUSTEES OR OFFICERS OR ANY
OTHER PRIVATE PERSONS, EXCEPT AS HEREIN PROVIDED FOR ACTUAL SERVICES
RENDERED. SUCH RESTRUCTURING BOND ISSUER SHALL ISSUE NO RESTRUCTURING
BONDS UNLESS AND UNTIL THE AUTHORITY BY RESOLUTION SHALL HAVE FOUND AND
DETERMINED THAT ON THE BASIS OF THE DOCUMENTS AND OPINIONS PRESENTED TO
IT, THE TERMS OF SALE OF SUCH BONDS ARE, AT SUCH TIME, REASONABLY
EXPECTED TO BE MORE FAVORABLE THAN SUCH TERMS WOULD BE IF SUCH RESTRUC-
TURING BONDS WERE TO BE ISSUED BY THE RESTRUCTURING BOND ISSUER CREATED
BY PARAGRAPH (A) OF THIS SUBDIVISION.
(C) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF THE AUTHORITY
BY SUCH RESOLUTION PASSED IN THE LAST SENTENCE OF PARAGRAPH (B) OF THIS
SUBDIVISION, CREATES THE RESTRUCTURING BOND ISSUER CREATED BY PARAGRAPH
(B) OF THIS SUBDIVISION, THE LEGISLATURE SHALL HAVE TWO ADDITIONAL
APPOINTEES ON SUCH RESTRUCTURING BOND ISSUER'S BOARD, ONE OF WHOM SHALL
BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE OF WHOM
SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, THESE TWO APPOINTEES
ARE IN ADDITION TO THE THREE TRUSTEES APPOINTED BY THE GOVERNOR IN
SUBDIVISION FOUR OF THIS SECTION. THE APPOINTEE OF THE TEMPORARY PRESI-
DENT OF THE SENATE SHALL SERVE AN INITIAL TERM OF THREE YEARS; THE
APPOINTEE OF THE SPEAKER OF THE ASSEMBLY SHALL SERVE AN INITIAL TERM OF
SIX YEARS. THEIR SUCCESSOR SHALL SERVE FOR TERMS OF SIX YEARS EACH. THE
APPOINTING OFFICER MAY REMOVE ANY TRUSTEE FOR INEFFICIENCY, NEGLECT OF
DUTY OR MISCONDUCT IN OFFICE AFTER GIVING HIM OR HER A COPY OF THE
CHARGES AGAINST HIM OR HER AND AN OPPORTUNITY TO BE HEARD, IN PERSON OR
BY COUNSEL, IN HIS OR HER DEFENSE, UPON NOT LESS THAN TEN DAYS NOTICE.
IF ANY TRUSTEE SHALL BE SO REMOVED, THE APPOINTING OFFICER SHALL FILE IN
THE OFFICE OF THE DEPARTMENT OF STATE A COMPLETE STATEMENT OF THE CHARG-
ES MADE AGAINST SUCH TRUSTEE AND HIS OR HER FINDINGS THEREON, TOGETHER
WITH A COMPLETE RECORD OF THE PROCEEDINGS. TRUSTEES APPOINTED PURSUANT
TO THIS PARAGRAPH SHALL BE SUBJECT TO PARAGRAPHS (B), (C), (D), (E), (G)
AND (H) OF SUBDIVISION FOUR OF THIS SECTION.
S 4. Subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision
2 of section 4 of part B of chapter 173 of the laws of 2013 relating to
the issuance of securitized restructuring bonds to refinance the
outstanding debt of the Long Island power authority are amended and a
new subparagraph (iv) is added to read as follows:
(i) issue the restructuring bonds contemplated by a restructuring cost
financing order, and use the proceeds thereof to purchase or acquire,
and to own, hold and use restructuring property or to pay or fund
S. 2008--B 32 A. 3008--B
upfront financing costs provided, however, that the restructuring bond
issuer shall [only] NOT issue [and sell] restructuring bonds [once] FOR
THE PURPOSE OF REFUNDING OTHER RESTRUCTURING BOND;
(ii) contract for servicing of restructuring property and restructur-
ing bonds and for administrative services; [and]
(iii) pledge the restructuring property to secure the restructuring
bonds and the payment of ongoing financing costs, all pursuant to
section seven of this act[.]; AND
(IV) ONLY ISSUE RESTRUCTURING BONDS OF WHICH THE FINAL SCHEDULED MATU-
RITY DATE OF ANY SERIES OF RESTRUCTURING BONDS SHALL BE NO LATER THAN
THE FINAL SCHEDULED MATURITY DATE OF THE AUTHORITY BONDS TO BE
PURCHASED, REDEEMED OR DEFEASED WITH THE PROCEEDS OF SUCH RESTRUCTURING
BONDS.
S 5. Section 16 of part A of chapter 173 of the laws of 2013, amending
the public service law, the public authorities law, the executive law
and the education law relating to the powers and duties of the depart-
ment of public service and the Long Island power authority, is amended
to read as follows:
S 16. Repowering. THE LONG ISLAND POWER AUTHORITY, IN COOPERATION WITH
ITS SERVICE PROVIDER, AS DEFINED UNDER SECTION 3-B OF THE PUBLIC SERVICE
LAW, AND THE OWNER OF THE LEGACY LILCO POWER GENERATING FACILITIES WILL
PERFORM AN ENGINEERING, ENVIRONMENTAL PERMITTING AND COST FEASIBILITY
ANALYSIS AND STUDY OF REPOWERING THE PORT JEFFERSON POWER STATION
LOCATED IN THE TOWN OF BROOKHAVEN IN THE COUNTY OF SUFFOLK, THE E.F.
BARRETT POWER STATION LOCATED IN THE TOWN OF HEMPSTEAD IN THE COUNTY OF
NASSAU, AND THE NORTHPORT POWER STATION LOCATED IN THE VILLAGE OF NORTH-
PORT IN THE COUNTY OF SUFFOLK. SUCH STUDY WILL FOCUS ON REPOWERING
UTILIZING GREATER EFFICIENCY AND ENVIRONMENTALLY FRIENDLY TECHNOLOGIES,
AND SHALL HAVE BEEN COMMENCED NO LATER THAN OCTOBER 1, 2015 FOR THE
POWER STATIONS IN THE TOWN OF BROOKHAVEN AND THE TOWN OF HEMPSTEAD, AND
NO LATER THAN OCTOBER 1, 2018 FOR THE POWER STATION IN THE VILLAGE OF
NORTHPORT. THESE ANALYSES SHALL BE COMPLETED AND PRESENTED TO THE BOARD
OF THE LONG ISLAND POWER AUTHORITY AND THE LONG ISLAND BRANCH OF THE
DEPARTMENT OF PUBLIC SERVICE NO LATER THAN EIGHTEEN MONTHS AFTER THE
ANALYSIS COMMENCEMENT DATE. If after the Long Island power authority, or
its successor, determines, in accordance with the FEASIBILITY DETERMI-
NATIONS RESULTING FROM THE STUDIES AND ANALYSES AUTHORIZED UNDER THIS
SECTION, AND IN ACCORDANCE WITH THE terms and conditions contained in
the amended and restated power supply agreement ("A&R PSA"), dated Octo-
ber 10, 2012, between the authority and the owner of the legacy LILCO
power generating facilities, that repowering any such generating facili-
ty is in the best interests of its ratepayers and will enhance the
authority's ability to provide a more efficient, reliable and economical
supply of electric energy in its service territory, consistent with the
goal of improving environmental quality, the authority will exercise its
rights under the A&R PSA related to repowering ANY such facility OR
FACILITIES, and shall enter into an agreement related to payments in
lieu-of-taxes for a term commensurate with any power purchase agreement
entered into related to such repowered facility, consistent with other
such agreements related to generating facilities under contract to the
authority in the service territory.
S 6. This act shall take effect immediately.
PART X
S. 2008--B 33 A. 3008--B
Section 1. Paragraphs (a), (b) and (d) of subdivision 4 of section
174 of the navigation law, paragraph (a) as amended by section 1 of part
E of chapter 413 of the laws of 1999, paragraph (b) as amended by chap-
ter 512 of the laws of 1986 and paragraph (d) as added by section 21 of
part A of chapter 58 of the laws of 1998, are amended to read as
follows:
(a) The license fee shall be [one cent] NINE AND ONE-HALF CENTS per
barrel transferred [until the balance in such account established by
paragraph (a) of subdivision two of section one hundred seventy-nine of
this article equals or exceeds twenty-five million dollars], provided,
however, that the fee on any barrel, including any products derived
therefrom, subject to multiple transfer, shall be imposed only once at
the point of first transfer. PROVIDED FURTHER, THE LICENSE FEE FOR
MAJOR FACILITIES THAT (I) TRANSFER BARRELS FOR THEIR OWN USE, AND (II)
DO NOT SELL OR TRANSFER THE PRODUCT SUBJECT TO SUCH LICENSE FEE, SHALL
BE EIGHT CENTS. In each fiscal year following any year in which the
balance of [such] THE account ESTABLISHED BY PARAGRAPH (A) OF SUBDIVI-
SION TWO OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE equals or
exceeds [twenty-five] FORTY million dollars, no license fee shall be
imposed unless (a) the current balance in such account is less than
[twenty] THIRTY-FIVE million dollars or (b) pending claims against such
account exceed fifty percent of the existing balance of such account.
[The provisions of the foregoing notwithstanding, should claims paid
from such account not exceed five million dollars within three years
after the license fee is first imposed, the license fee shall be one
cent per barrel transferred until the balance in such account equals or
exceeds eighteen million dollars, and thereafter shall not be imposed
unless: (1) the current balance in such account is less than fifteen
million dollars or (2) pending claims against such account exceed fifty
percent of the existing balance of such account.] In the event of either
such occurrence and upon certification thereof by the state comptroller,
the administrator shall within ten days of the date of such certif-
ication reimpose the license fee, which shall take effect on the first
day of the month following such relevy. [In the event of a major
discharge or series of discharges resulting in claims against such
account exceeding the existing balance of such account, the license fee
shall be imposed at the rate of eight cents per barrel transferred until
the balance in such account equals pending claims against such account;
provided, however, that the] THE rate may be set at less than [eight]
NINE AND ONE-HALF cents per barrel transferred if the administrator
determines that the revenue produced by such lower rate shall be suffi-
cient to pay outstanding claims against such account within one year of
such imposition of the license fee. Should such account exceed [eighteen
million dollars or twenty-five] FORTY million dollars, [as herein
provided,] as a result of interest, the administrator and the commis-
sioner of environmental conservation shall report to the legislature and
the governor concerning the options for the use of such interest. The
fee established by this paragraph shall not be imposed upon any barrel
which is transferred to a land based facility but thereafter exported
from this state for use outside the state and is shipped to facilities
outside the state regardless of whether the delivery or sale of such
petroleum occurs in this state.
(b) The surcharge on the license fee shall be [two and one-half cents
per barrel for each barrel transferred on or after June first, nineteen
hundred eighty-five but before February first, nineteen hundred eighty-
eight. Such surcharge shall be three and one-half cents per barrel for
S. 2008--B 34 A. 3008--B
each barrel transferred on or after February first, nineteen hundred
eighty-eight, but before February first, nineteen hundred ninety. Such
surcharge shall be] four and one-quarter cents per barrel for each
barrel transferred on or after February first, nineteen hundred ninety.
(d) The surcharge established by paragraph (b) of this subdivision
shall be [one and one-half] THIRTEEN AND THREE QUARTERS cents per barrel
for any barrel that is transferred but thereafter exported from this
state for use outside the state as described by paragraph (a) of this
subdivision. TWELVE AND ONE-QUARTER CENTS OF SUCH SURCHARGE SHALL BE
CREDITED TO THE ACCOUNT ESTABLISHED BY PARAGRAPH (A) OF SUBDIVISION TWO
OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE.
S 2. Paragraph (a) of subdivision 2 of section 179 of the navigation
law, as amended by section 2 of part I of chapter 577 of the laws of
2004, is amended to read as follows:
(a) An account which shall be credited with all license fees and
penalties collected pursuant to paragraph (b) of subdivision one and
paragraph (a) of subdivision four of section one hundred seventy-four of
this article, THE PORTION OF THE SURCHARGE COLLECTED PURSUANT TO PARA-
GRAPH (D) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTY-FOUR OF
THIS ARTICLE, penalties collected pursuant to paragraph (b) of subdivi-
sion four of section one hundred seventy-four-a of this article, money
collected pursuant to section one hundred eighty-seven of this article,
all penalties collected pursuant to section one hundred ninety-two of
this article, and registration fees collected pursuant to subdivision
two of section 17-1009 of the environmental conservation law.
S 3. Subdivision 7 of section 185 of the navigation law, as added by
chapter 672 of the laws of 1991, is amended to read as follows:
7. Within sixty calendar days from the close of such hearing and after
due consideration of the written and oral statements and testimony and
arguments filed pursuant to this section, or on default in appearance on
said return day, the administrator shall make [his] A final determi-
nation on the validity or amount of the damage claims or claims for
cleanup and removal costs filed by the injured persons. The administra-
tor shall notify the claimant and, if known, the alleged discharger
thereof in writing by registered mail.
S 4. Paragraph a of subdivision 1 and subdivisions 3 and 4 of section
186 of the navigation law, paragraph a of subdivision 1 as separately
amended by chapters 35 and 38 of the laws of 1985 and subdivisions 3 and
4 as amended by chapter 38 of the laws of 1985, are amended to read as
follows:
(a) Moneys in the account established by paragraph (a) of subdivision
two of section one hundred seventy-nine of this part shall be disbursed
by the administrator, upon certification by the commissioner, for the
purpose of costs incurred under section one hundred seventy-six of this
article. (I) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO
THOUSAND SIXTEEN, UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS PER
YEAR SHALL BE APPROPRIATED TO THE DEPARTMENT FOR USE ONLY FOR THE OIL
SPILL PREVENTION AND TRAINING PURPOSES AUTHORIZED IN SUBDIVISION THREE
OF THIS SECTION.
3. MONEYS APPROPRIATED TO THE DEPARTMENT PURSUANT TO SUBPARAGRAPH (I)
OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, UP TO TWO MILLION
ONE HUNDRED THOUSAND DOLLARS, SHALL BE DISBURSED ONLY FOR THE FOLLOWING
PURPOSES:
(A) SUCH SUMS AS MAY BE NECESSARY FOR THE ACQUISITION AND MAINTENANCE
OF PETROLEUM SPILL PREVENTION, RESPONSE OR PERSONAL SAFETY EQUIPMENT AND
S. 2008--B 35 A. 3008--B
SUPPLIES AND TRAINING FOR STATE AND LOCAL GOVERNMENT ENTITIES, INCLUDING
EMERGENCY SERVICES AGENCIES AND PERSONNEL.
(B) SUCH SUMS AS MAY BE NECESSARY FOR PETROLEUM SPILL RESPONSE DRILLS
AND EXERCISES.
(C) SUCH SUMS AS MAY BE NECESSARY FOR IDENTIFICATION, MAPPING, AND
ANALYSIS OF POPULATIONS, ENVIRONMENTALLY SENSITIVE AREAS, AND RESOURCES
AT RISK FROM SPILLS OF PETROLEUM AND RELATED IMPACTS; AND THE DEVELOP-
MENT, IMPLEMENTATION, AND UPDATING OF CONTINGENCY PLANS, INCLUDING
GEOGRAPHIC RESPONSE PLANS, TO PROTECT THOSE POPULATIONS, SENSITIVE ENVI-
RONMENTS, AND RESOURCES IN THE EVENT OF A SPILL OF PETROLEUM OR RELATED
IMPACTS.
(D) SPENDING PURSUANT TO THIS SUBDIVISION SHALL BE INCLUDED IN THE
ANNUAL REPORT REQUIRED BY SECTION ONE HUNDRED NINETY-SIX OF THIS ARTI-
CLE.
4. Moneys shall be disbursed from the fund only for the purposes set
forth in subdivisions one [and], two AND THREE of this section.
[4.] 5. The state comptroller may invest and reinvest any moneys in
said fund in obligations in which the comptroller is authorized to
invest pursuant to the provisions of section ninety-eight-a of the state
finance law. Any income or interest derived from such investment shall
be included in the fund.
S 5. Subdivision 2 of section 97-b of the state finance law, as
amended by section 4 of part I of chapter 1 of the laws of 2003, is
amended to read as follows:
2. Such fund shall consist of all of the following:
(a) moneys appropriated for transfer to the fund's site investigation
and construction account; (b) all fines and other sums accumulated in
the fund prior to April first, nineteen hundred eighty-eight pursuant to
section 71-2725 of the environmental conservation law for deposit in the
fund's site investigation and construction account; (c) all moneys
collected or received by the department of taxation and finance pursuant
to section 27-0923 of the environmental conservation law for deposit in
the fund's industry fee transfer account; (d) all moneys paid into the
fund pursuant to section 72-0201 of the environmental conservation law
which shall be deposited in the fund's industry fee transfer account;
(e) all moneys paid into the fund pursuant to PARAGRAPH (B) OF SUBDIVI-
SION ONE OF section one hundred eighty-six of the navigation law which
shall be deposited in the fund's industry fee transfer account; [(f) all
moneys paid into the fund by municipalities for repayment of landfill
closure loans made pursuant to title five of article fifty-two of the
environmental conservation law for deposit in the fund's site investi-
gation and construction account; (g)] (F) all monies recovered under
sections 56-0503, 56-0505 and 56-0507 of the environmental conservation
law into the fund's environmental restoration project account; [(h)] (G)
all fees paid into the fund pursuant to section [72-0403] 72-0402 of the
environmental conservation law which shall be deposited in the fund's
industry fee transfer account; [(i)] (H) payments received for all state
costs incurred in negotiating and overseeing the implementation of
brownfield site cleanup agreements pursuant to title fourteen OF ARTICLE
TWENTY-SEVEN of the environmental conservation law shall be deposited in
the hazardous waste remediation oversight and assistance account; and
[(j)] (I) other moneys credited or transferred thereto from any other
fund or source for deposit in the fund's site investigation and
construction account.
S 6. Section 196 of the navigation law, as amended by chapter 35 of
the laws of 1985, is amended to read as follows:
S. 2008--B 36 A. 3008--B
S 196. Reports. The commissioner and the administrator shall make an
annual report to the legislature and the governor which shall describe
the quality and quantity of spills of petroleum, the costs and damages
paid by and recovered for the fund, AND MONEYS SPENT PURSUANT TO SUBDI-
VISION THREE OF SECTION ONE HUNDRED EIGHTY-SIX OF THIS ARTICLE INCLUDING
AMOUNTS SPENT FOR OIL SPILL PREVENTION AND TRAINING ACTIVITIES
CONDUCTED, AND EQUIPMENT PURCHASED, and the economic and environmental
impact on the state as a result of the administration of this article.
S 7. This act shall take effect immediately, provided however, the
increased fees authorized in section one of this act shall take effect
September 1, 2015 and shall apply to any barrel that is transferred on
and after such date.
PART Y
Section 1. The opening paragraph of subdivision 1 of section 72-0303
of the environmental conservation law, as amended by section 1 of part
BBB of chapter 59 of the laws of 2009, is amended to read as follows:
COMMENCING JANUARY FIRST, TWO THOUSAND FIFTEEN AND EVERY YEAR THERE-
AFTER, ALL SOURCES OF REGULATED AIR CONTAMINANTS IDENTIFIED PURSUANT TO
SUBDIVISION ONE OF SECTION 19-0311 OF THIS CHAPTER SHALL SUBMIT TO THE
DEPARTMENT AN ANNUAL BASE FEE OF TWO THOUSAND FIVE HUNDRED DOLLARS. THIS
BASE FEE SHALL BE IN ADDITION TO THE FEES LISTED BELOW. Commencing Janu-
ary first, nineteen hundred ninety-four and every year thereafter all
sources of regulated air contaminants identified pursuant to subdivision
one of section 19-0311 of this chapter shall submit to the department an
annual fee [of forty-five dollars per ton] NOT TO EXCEED THE PER TON
FEES DESCRIBED BELOW. THE PER TON FEE IS ASSESSED ON EACH TON OF EMIS-
SIONS up to seven thousand tons annually of each regulated air contam-
inant as follows: [forty-five] SIXTY dollars per ton for facilities
with total emissions less than one thousand tons annually; [fifty]
SEVENTY dollars per ton for facilities with total emissions of one thou-
sand or more but less than two thousand tons annually; [fifty-five]
EIGHTY dollars per ton for facilities with total emissions of two thou-
sand or more but less than five thousand tons annually; and [sixty-five]
NINETY dollars per ton for facilities with total emissions of five thou-
sand or more tons annually. Such fee shall be sufficient to support an
appropriation approved by the legislature for the direct and indirect
costs associated with the operating permit program established in
section 19-0311 of this chapter. Such fee shall be established by the
department and shall be calculated by dividing the amount of the current
year appropriation from the operating permit program account of the
clean air fund by the total tons of emissions of regulated air contam-
inants that are subject to the operating permit program fees from sourc-
es subject to the operating permit program pursuant to section 19-0311
of this chapter up to seven thousand tons annually of each regulated air
contaminant from each source; provided that, in making such calculation,
the department shall adjust their calculation to account for any deficit
or surplus in the operating permit program account of the clean air fund
established pursuant to section ninety-seven-oo of the state finance
law; any loan repayment from the mobile source account of the clean air
fund established pursuant to section ninety-seven-oo of the state
finance law; and the rate of collection by the department of the bills
issued for the fee for the prior year.
S 2. Intentionally omitted.
S. 2008--B 37 A. 3008--B
S 3. Subdivisions a, b, c, d, e, f, g, h, i, j, k, l, m, n, q and t of
section 72-0602 of the environmental conservation law, paragraphs a, b,
c, d, e, f, g, h, q and t as amended by section 1 of part JJ of chapter
59 of the laws of 2009, subdivision i as amended by section 1 of part T1
of chapter 62 of the laws of 2003, and subdivisions j, k, l, m and n as
amended by chapter 62 of the laws of 1989, are amended to read as
follows:
a. [$300.00] $330.00 for any P/C/I facilities having a permit to
discharge or discharging at an average daily rate of less than 100,000
gallons;
b. [$600.00] $675.00 for P/C/I facilities having a permit to discharge
or discharging at an average daily rate of 100,000 gallons or more;
c. [$600.00] $675.00 for industrial facilities having a permit to
discharge or discharging at an average daily rate of less than 10,000
gallons;
d. [$2,000.00] $2,300.00 for industrial facilities having a permit to
discharge or discharging at an average daily rate of between 10,000
gallons and 99,999 gallons;
e. [$6,000.00] $6,700.00 for industrial facilities having a permit to
discharge or discharging at an average daily rate of between 100,000
gallons and 499,999 gallons;
f. [$20,000.00] $22,500.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of between 500,000
and 999,999 gallons;
g. [$30,000.00] $33,500.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of between
1,000,000 and 9,999,999 gallons;
h. [$50,000.00] $56,000.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of 10,000,000
gallons or more;
i. [$50,000.00] $56,000.00 for any power plant;
j. [$375.00] $425.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of less than 200,000
gallons;
k. [$1,875.00] $2,000.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of between 200,000 and
999,999 gallons;
l. [$7,500.00] $8,000.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of between 1,000,000
and 4,999,999 gallons;
m. [$15,000.00] $15,500.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of between 5,000,000
and 39,999,999 gallons;
n. [$37,500.00] $38,500.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of 40,000,000 gallons
or more;
q. [$100.00] $110.00 per acre disturbed plus [$600.00] $675.00 per
future impervious acre for any facility, not owned or managed by a local
government or a state department, agency, or authority, discharging or
authorized to discharge pursuant to a SPDES permit for stormwater
discharges from construction activity. For the purposes of this subdivi-
sion, acres disturbed are acres subject to clearing, grading, or exca-
vating subject to SPDES permitting and future impervious acres are acres
that will be newly paved or roofed during construction;
t. [$100.00] $110.00 for any facility, other than a municipal separate
storm sewer as defined by 40 CFR S122.26 (b) (8), discharging or author-
S. 2008--B 38 A. 3008--B
ized to discharge pursuant to a general permit unless a specific fee is
imposed pursuant to subdivisions a through s of this section for such
discharge or authorization to discharge.
S 4. Intentionally omitted.
S 5. This act shall take effect immediately and shall apply to all
bills issued on and after January 1, 2015.
PART Z
Intentionally Omitted
PART AA
Section 1. Paragraph 4 of subdivision (a) of section 83 of the state
finance law, as amended by chapter 512 of the laws of 1994, is amended
to read as follows:
4. (i) There is hereby created a special account within the conserva-
tion fund to be known as the state fish and game trust account to
consist of all moneys received by the state from the sale of lifetime
hunting, fishing, AND trapping LICENSES, AND LIFETIME archery and
muzzle-loading [licenses] PRIVILEGES pursuant to section 11-0702 of the
environmental conservation law EXCEPT THOSE MONEYS DEPOSITED IN THE
HABITAT CONSERVATION AND ACCESS ACCOUNT PURSUANT TO SECTION EIGHTY-
THREE-A OF THIS CHAPTER. The state comptroller shall invest the moneys
in such account in securities as defined by section ninety-eight-a of
this article. Any income earned by the investment of such moneys,
except income transferred to the conservation fund pursuant to subpara-
graph (iii) of this paragraph, shall be added to and become a part of,
and shall be used for the purposes of such account.
(ii) The state comptroller shall provide an annual report of the trust
account which lists the amount of the principal, the earned income, the
earned income accrued to the principal, and the earned income trans-
ferred to the conservation fund pursuant to subparagraph (iii) of this
paragraph not later than April tenth of each year for the state fiscal
year ending the immediately preceding March thirty-first. A copy of such
report shall be transmitted, forthwith, to the director of the division
of the budget, the chairman of the senate finance committee, the chair-
man of the assembly ways and means committee, the commissioner of the
department of environmental conservation and each of the eleven members
of the conservation fund advisory [council] BOARD, created pursuant to
section [seven hundred] 11-0327 of the [executive] ENVIRONMENTAL CONSER-
VATION law.
(iii) Earned income from the sale of all lifetime licenses AND PRIVI-
LEGES, except income earned on the proceeds of the sale of a lifetime
license OR PRIVILEGE during the period from sale of such license OR
PRIVILEGE until April first of the year following one full year of
deposit of the proceeds of the sale of such lifetime license OR PRIVI-
LEGE, shall be available for deposit within the conservation fund pursu-
ant to paragraph one of this subdivision in an amount equal to the cost
of the appropriate annual license OR PRIVILEGE. The earned income which
exceeds the current cost of each annual license OR PRIVILEGE comparable
to the lifetime license OR PRIVILEGE, shall be added to the trust
account as principal. The earned income from lifetime licenses OR PRIVI-
LEGES issued to persons who are under the legal age to implement such
S. 2008--B 39 A. 3008--B
licenses OR PRIVILEGES shall be added to the trust account as principal
until such person becomes of legal age to hunt, fish or trap.
S 2. Subdivision (h) of section 83 of the state finance law is
REPEALED.
S 3. The state finance law is amended by adding a new section 83-a to
read as follows:
S 83-A. HABITAT CONSERVATION AND ACCESS ACCOUNT. (A) THERE IS HEREBY
CREATED AN ACCOUNT WITHIN THE MISCELLANEOUS CAPITAL PROJECTS FUND, THE
HABITAT CONSERVATION AND ACCESS ACCOUNT. THE HABITAT CONSERVATION AND
ACCESS ACCOUNT SHALL CONSIST OF UP TO ONE MILLION FIVE HUNDRED THOUSAND
DOLLARS ANNUALLY FROM MONEYS RECEIVED BY THE STATE FROM THE SALE OF
LIFETIME LICENSES FOR HUNTING, TRAPPING, AND FISHING, AND LIFETIME PRIV-
ILEGES FOR ARCHERY AND MUZZLE-LOADING PURSUANT TO SECTION 11-0702 OF THE
ENVIRONMENTAL CONSERVATION LAW AND ALL MONEYS, REVENUES AND INTEREST
THEREON RECEIVED AS A RESULT OF THE APPLICATION OF SUBDIVISION SEVENTEEN
OF SECTION 11-0305 OF THE ENVIRONMENTAL CONSERVATION LAW AUTHORIZING THE
ISSUANCE AND SALE OF VOLUNTARY HABITAT STAMPS, OTHER THAN THE AMOUNT
RETAINED BY THE ISSUING AGENT OR OFFICER. THE HABITAT CONSERVATION AND
ACCESS ACCOUNT SHALL BE SUBJECT TO THE SAME RESTRICTIONS AND PROTECTIONS
AS THE CONSERVATION FUND.
(B) THESE MONEYS, AFTER APPROPRIATION BY THE LEGISLATURE, AND WITHIN
THE AMOUNTS SET FORTH AND FOR THE SEVERAL PURPOSES SPECIFIED, SHALL BE
AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE CAPI-
TAL EXPENSES ASSOCIATED WITH MANAGEMENT, PROTECTION, AND RESTORATION OF
FISH AND WILDLIFE HABITATS, AND IMPROVEMENT AND DEVELOPMENT OF PUBLIC
ACCESS FOR FISH AND WILDLIFE RELATED RECREATION.
(C) ALL PAYMENTS MADE FROM THE HABITAT CONSERVATION AND ACCESS ACCOUNT
SHALL BE MADE BY THE DEPARTMENT OF TAXATION AND FINANCE AFTER AUDIT AND
UPON WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION. AFTER APPROPRIATIONS MADE AVAILABLE FROM
THE HABITAT CONSERVATION AND ACCESS ACCOUNT SHALL CEASE TO HAVE FORCE
AND EFFECT, ANY BALANCES REMAINING UNEXPENDED AND NOT REQUIRED TO MEET
THE PROPER AND NECESSARY EXPENSES OF THE DIVISION OF FISH AND WILDLIFE
SHALL REVERT TO THE STATE FISH AND GAME TRUST ACCOUNT ESTABLISHED PURSU-
ANT TO PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE OF THIS
ARTICLE.
(D) NO FUNDS MAY BE TRANSFERRED OR USED IN ANY WAY WHICH WOULD RESULT
IN THE LOSS OF ELIGIBILITY FOR FEDERAL BENEFITS OR FEDERAL FUNDS PURSU-
ANT TO FEDERAL LAW, RULE, OR REGULATION AS ASSENTED TO IN CHAPTER SIX
HUNDRED EIGHTY-THREE OF THE LAWS OF NINETEEN HUNDRED THIRTY-EIGHT AND
CHAPTER SEVEN HUNDRED OF THE LAWS OF NINETEEN HUNDRED FIFTY-ONE.
S 4. Subdivision 17 of section 11-0305 of the environmental conserva-
tion law, as added by section 3 of part F of chapter 82 of the laws of
2002, is amended to read as follows:
17. To prepare or cause to be prepared voluntary habitat stamps and
furnish such stamps annually to license issuing agents and officers for
sale and issuance in the same manner as licenses and other types of
stamps. The department shall, by rule, establish the fee for the habitat
stamp which shall [not exceed] BE NO LESS THAN five dollars plus an
additional amount for the issuing agent or officer. The purchase of a
stamp is voluntary and a stamp need not be possessed in order to take
fish or wildlife.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015; provided,
however, that all funds in the habitat account of the conservation fund,
established pursuant to subdivision (h) of section 83 of the state
S. 2008--B 40 A. 3008--B
finance law, on the effective date of this act shall be transferred to
the habitat conservation and access account established pursuant to
section 83-a of the state finance law as added by section three of this
act.
PART BB
Section 1. Paragraph a of section 11.00 of the local finance law is
amended by adding a new subdivision 29-a to read as follows:
29-A. TRANSIT MOTOR VEHICLES. THE PURCHASE OF MUNICIPALLY OWNED OMNI-
BUS OR SIMILAR SURFACE TRANSIT MOTOR VEHICLES, TEN YEARS.
S 2. This act shall take effect immediately.
PART CC
Section 1. Section 155 of the vehicle and traffic law, as amended by
chapter 628 of the laws of 2002, is amended to read as follows:
S 155. Traffic infraction. The violation of any provision of this
chapter, except articles forty-seven and forty-eight, or of any law,
ordinance, order, rule or regulation regulating traffic which is not
declared by this chapter or other law of this state to be a misdemeanor
or a felony. A traffic infraction is not a crime and the punishment
imposed therefor shall not be deemed for any purpose a penal or criminal
punishment and shall not affect or impair the credibility as a witness
or otherwise of any person convicted thereof. This definition shall be
retroactive and shall apply to all acts and violations heretofore
committed where such acts and violations would, if committed subsequent
to the taking effect of this section, be included within the meaning of
the term "traffic infraction" as herein defined. Except in those
portions of Suffolk county for which a district court has been estab-
lished, outside of cities having a population in excess of two hundred
thousand BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which administra-
tive tribunals have heretofore been established AND OUTSIDE OF CITIES
HAVING A POPULATION IN EXCESS OF ONE MILLION IN WHICH ADMINISTRATIVE
TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, courts and judicial officers
heretofore having jurisdiction over such violations shall continue to do
so and for such purpose such violations shall be deemed misdemeanors and
all provisions of law relating to misdemeanors except as provided in
section eighteen hundred five of this chapter and except as herein
otherwise expressly provided shall apply except that no jury trial shall
be allowed for traffic infractions. In those portions of Suffolk county
for which a district court has been established, and in cities having a
population in excess of two hundred thousand BUT LESS THAN TWO HUNDRED
TWENTY THOUSAND in which administrative tribunals have heretofore been
established AND IN CITIES HAVING A POPULATION IN EXCESS OF ONE MILLION
IN WHICH ADMINISTRATIVE TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, the
criminal courts of such cities or portions of Suffolk county in which a
district court has been established shall have jurisdiction to hear and
determine any complaint alleging a violation constituting a traffic
infraction, except that administrative tribunals heretofore established
in such cities or portions of Suffolk county in which a district court
has been established shall have jurisdiction to hear and determine any
charge of an offense which is a traffic infraction, except parking,
standing or stopping. In cities having a population in excess of two
hundred thousand in which administrative tribunals have heretofore been
established, and any such administrative tribunal established by the
S. 2008--B 41 A. 3008--B
city of Yonkers, the city of Peekskill, or the city of Syracuse, such
tribunals shall have jurisdiction to hear and determine any charge of an
offense which is a parking, standing or stopping violation. Any fine
imposed by an administrative tribunal shall be a civil penalty. For
purposes of arrest without a warrant, pursuant to article one hundred
forty of the criminal procedure law, a traffic infraction shall be
deemed an offense.
S 2. Subdivision 1 of section 225 of the vehicle and traffic law, as
amended by chapter 388 of the laws of 2012, is amended to read as
follows:
1. Notwithstanding any inconsistent provision of law, all violations
of this chapter or of a law, ordinance, order, rule or regulation relat-
ing to traffic, except parking, standing, stopping or pedestrian
offenses, which occur within a city having a population of two hundred
thousand or more BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which
administrative tribunals have heretofore been established, OR WITHIN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE
TRIBUNALS HAVE HERETOFORE, BEEN ESTABLISHED, and which are classified as
traffic infractions, may be heard and determined pursuant to the regu-
lations of the commissioner as provided in this article. Whenever a
crime and a traffic infraction arise out of the same transaction or
occurrence, a charge alleging both offenses may be made returnable
before the court having jurisdiction over the crime. Nothing herein
provided shall be construed to prevent a court, having jurisdiction over
a criminal charge relating to traffic or a traffic infraction, from
lawfully entering a judgment of conviction, whether or not based on a
plea of guilty, for any offense classified as a traffic infraction.
S 3. Subdivision 5 of section 227 of the vehicle and traffic law, as
amended by chapter 690 of the laws of 1996, is amended to read as
follows:
5. All penalties and forfeited security collected pursuant to the
provisions of this article shall be paid to the department of audit and
control to the credit of the justice court fund and shall be subject to
the applicable provisions of section eighteen hundred three of this
chapter. After such audit as shall reasonably be required by the comp-
troller, such penalties and forfeited security shall be paid quarterly
or, in the discretion of the comptroller, monthly, to the appropriate
jurisdiction in which the violation occurred in accordance with the
provisions of section ninety-nine-a of the state finance law, except
that the sum of four dollars for each violation occurring in such juris-
diction for which a complaint has been filed with the administrative
tribunal established pursuant to this article shall be retained by the
state. The amount distributed during the first three quarters to the
[cities] CITY of Rochester [and Buffalo] in any given fiscal year shall
not exceed seventy percent of the amount which will be otherwise paya-
ble. Provided, however, that if the full costs of administering this
article shall exceed the amounts received and retained by the state for
any period specified by the commissioner, then such additional sums as
shall be required to offset such costs shall be retained by the state
out of the penalties and forfeited security collected pursuant to this
article.
S 4. Section 370 of the general municipal law is amended by adding a
new subdivision 4 to read as follows:
4. THERE SHALL BE AN EXECUTIVE DEPARTMENT OF THE BUFFALO CITY GOVERN-
MENT KNOWN AS THE BUFFALO TRAFFIC VIOLATIONS AGENCY, WHICH SHALL OPERATE
UNDER THE DIRECTION AND CONTROL OF THE MAYOR.
S. 2008--B 42 A. 3008--B
S 5. Subdivision 2 of section 370-a of the general municipal law, as
amended by chapter 388 of the laws of 2012, is amended and a new subdi-
vision 1-a is added to read as follows:
1-A. "TRAFFIC VIOLATIONS AGENCY" SHALL MEAN AN EXECUTIVE DEPARTMENT OF
THE CITY OF BUFFALO ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION
THREE HUNDRED SEVENTY OF THIS ARTICLE TO ADMINISTER AND DISPOSE OF TRAF-
FIC INFRACTIONS AS AUTHORIZED PURSUANT TO THIS ARTICLE.
2. "Traffic prosecutor" shall mean an attorney duly admitted to prac-
tice law in the state of New York who, having been appointed and either
hired or retained pursuant to section three hundred seventy-four of this
article, has the responsibility of prosecuting any traffic and parking
infractions returnable before the Nassau county district court or the
Suffolk county district court OR ANY TRAFFIC INFRACTIONS RETURNABLE
BEFORE THE BUFFALO CITY COURT pursuant to the jurisdictional limitations
of section three hundred seventy-one of this article.
S 6. Section 371 of the general municipal law is amended by adding a
new subdivision 2-a to read as follows:
2-A. THE BUFFALO TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDIVI-
SION FOUR OF SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE, MAY BE
AUTHORIZED TO ASSIST THE BUFFALO CITY COURT IN THE DISPOSITION AND
ADMINISTRATION OF INFRACTIONS OF TRAFFIC LAWS, ORDINANCES, RULES AND
REGULATIONS EXCEPT THAT SUCH AGENCY SHALL NOT HAVE JURISDICTION 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 SUBPAR-
AGRAPH (III) OF PARAGRAPH 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) TRAFFIC
INFRACTIONS CONSTITUTING PARKING, STANDING, STOPPING OR PEDESTRIAN
OFFENSES; (F) ANY MISDEMEANOR OR FELONY; OR (G) 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 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 C OF SUBDIVI-
SION 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 CONSTITUTING A PARKING, STOPPING, STANDING OR
PEDESTRIAN OFFENSE, A VIOLATION OF SUBDIVISION (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW OR ANY MISDEMEANOR OR
FELONY.
S 7. Section 371 of the general municipal law is amended by adding a
new subdivision 3-a to read as follows:
3-A. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
THE BUFFALO TRAFFIC VIOLATIONS AGENCY MAY BE PERMITTED TO ANSWER, WITHIN
A SPECIFIED TIME, AT THE TRAFFIC VIOLATIONS AGENCY EITHER IN PERSON OR
BY WRITTEN POWER OF ATTORNEY IN SUCH FORM AS MAY BE PRESCRIBED IN THE
ORDINANCE OR LOCAL LAW CREATING THE AGENCY, BY PAYING A PRESCRIBED FINE
AND, IN WRITING, WAIVING A HEARING IN COURT, PLEADING GUILTY TO THE
S. 2008--B 43 A. 3008--B
CHARGE OR A LESSER CHARGE AGREEABLE TO THE TRAFFIC PROSECUTOR AND THE
PERSON CHARGED WITH AN INFRACTION, AND AUTHORIZING THE PERSON IN CHARGE
OF THE AGENCY TO ENTER SUCH A PLEA AND ACCEPT PAYMENT OF SAID FINE.
ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY BY THE AGENCY
SHALL BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION, AND THE VIOLA-
TOR SHALL BE GIVEN A RECEIPT WHICH SO STATES. IF A PERSON CHARGED WITH A
TRAFFIC VIOLATION DOES NOT ANSWER AS HEREINBEFORE PRESCRIBED, WITHIN A
DESIGNATED TIME, THE AGENCY MAY CAUSE A COMPLAINT TO BE ENTERED AGAINST
HIM FORTHWITH AND A WARRANT TO BE ISSUED FOR HIS ARREST AND APPEARANCE
BEFORE THE COURT, SUCH SUMMONS TO BE PREDICATED UPON THE PERSONAL
SERVICE OF SAID SUMMONS UPON THE PERSON CHARGED WITH THE INFRACTION. ANY
PERSON WHO SHALL HAVE BEEN, WITHIN THE PRECEDING TWELVE MONTHS, GUILTY
OF THREE OR MORE VIOLATIONS, SHALL NOT BE PERMITTED TO APPEAR AND ANSWER
TO A SUBSEQUENT VIOLATION AT THE AGENCY, BUT MUST APPEAR IN COURT AT A
TIME SPECIFIED BY THE AGENCY. SUCH AGENCY SHALL NOT BE AUTHORIZED TO
DEPRIVE A PERSON OF HIS RIGHT TO COUNSEL OR TO PREVENT HIM FROM EXERCIS-
ING HIS RIGHT TO APPEAR IN COURT TO ANSWER TO, EXPLAIN, OR DEFEND ANY
CHARGE OF A VIOLATION OF ANY TRAFFIC LAW, ORDINANCE, RULE OR REGULATION.
S 8. Section 371 of the general municipal law is amended by adding a
new subdivision 4-a to read as follows:
4-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENAL-
TIES AND FORFEITURES COLLECTED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY
SHALL BE DISTRIBUTED AS PROVIDED IN SECTION EIGHTEEN HUNDRED THREE OF
THE VEHICLE AND TRAFFIC LAW. ALL FINES, PENALTIES AND FORFEITURES FOR
VIOLATIONS ADJUDICATED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY PURSUANT
TO SUBDIVISION TWO-A OF THIS SECTION EXCEPT AS PROVIDED IN SUBDIVISION
THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW, SHALL BE PAID
BY SUCH AGENCY TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE
MONTH FOLLOWING COLLECTION. EACH SUCH PAYMENT SHALL BE ACCOMPANIED BY A
TRUE AND COMPLETE REPORT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
SHALL PRESCRIBE.
S 9. The general municipal law is amended by adding a new section
374-a to read as follows:
S 374-A. TRAFFIC PROSECUTOR SELECTION AND OVERSIGHT. (A) THE EXECUTIVE
DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, APPOINTED PURSUANT TO
SUBDIVISION (B) OF THIS SECTION, SHALL SELECT AND MAY CONTRACT WITH OR
HIRE ONE OR MORE PERSONS WHO ARE ATTORNEYS, DULY ADMITTED TO THE PRAC-
TICE OF LAW IN NEW YORK STATE FOR THE PROSECUTION OF ANY TRAFFIC INFRAC-
TION, EXCEPT THOSE DESCRIBED IN PARAGRAPHS (A), (B), (C), (D), (E), (F)
AND (G) OF SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVENTY-ONE OF
THIS ARTICLE, TO BE HEARD, TRIED OR OTHERWISE DISPOSED OF BY THE BUFFALO
CITY COURT. SUCH PERSONS SHALL BE KNOWN AS "TRAFFIC PROSECUTORS", AS
THAT TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE.
TRAFFIC PROSECUTORS SHALL HAVE THE SAME POWER AS A DISTRICT ATTORNEY
WOULD OTHERWISE HAVE IN THE PROSECUTION OF ANY TRAFFIC INFRACTION WHICH
MAY, PURSUANT TO THE JURISDICTIONAL PROVISIONS OF SECTION THREE HUNDRED
SEVENTY-ONE OF THIS ARTICLE, BE PROSECUTED BEFORE THE BUFFALO CITY COURT
IF THE TRAFFIC VIOLATION OCCURRED IN THE CITY OF BUFFALO. THE EXECUTIVE
DIRECTOR SHALL GIVE ACTIVE CONSIDERATION TO REQUIRING THAT SUCH TRAFFIC
PROSECUTORS SERVE ON A FULL-TIME BASIS. TRAFFIC PROSECUTORS ARE PROHIB-
ITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A TRAFFIC PROSECUTOR
IN ANY PART OF THE BUFFALO CITY COURT ON ANY MATTER RELATING TO TRAFFIC
VIOLATIONS AND ARE FURTHER PROHIBITED FROM APPEARING IN ANY CAPACITY
OTHER THAN AS A TRAFFIC PROSECUTOR IN ANY OTHER COURT OR ADMINISTRATIVE
TRIBUNAL ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
S. 2008--B 44 A. 3008--B
(B) THE MAYOR OF THE CITY OF BUFFALO SHALL APPOINT A PERSON TO SERVE
AS THE EXECUTIVE DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY
SUBJECT TO THE CONFIRMATION OF THE COMMON COUNCIL OF THE CITY OF
BUFFALO. THE EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE OVERSIGHT
AND ADMINISTRATION OF THE AGENCY. THE EXECUTIVE DIRECTOR IS PROHIBITED
FROM APPEARING IN ANY CAPACITY IN ANY PART OF THE BUFFALO CITY COURT ON
ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND IS FURTHER PROHIBITED FROM
APPEARING IN ANY CAPACITY IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL
ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
(C) IT SHALL BE A MISDEMEANOR FOR THE EXECUTIVE DIRECTOR, ANY TRAFFIC
PROSECUTOR OR ANY JUDICIAL HEARING OFFICER ASSIGNED TO HEAR TRAFFIC
VIOLATIONS CASES PURSUANT TO SECTION SIXTEEN HUNDRED NINETY OF THE VEHI-
CLE AND TRAFFIC LAW TO ESTABLISH ANY QUOTA OF TRAFFIC VIOLATION
CONVICTIONS WHICH MUST BE OBTAINED BY ANY TRAFFIC PROSECUTOR OR JUDICIAL
HEARING OFFICER. NOTHING CONTAINED HEREIN SHALL PROHIBIT THE TAKING OF
ANY JOB ACTION AGAINST A TRAFFIC PROSECUTOR OR JUDICIAL HEARING OFFICER
FOR FAILURE TO SATISFACTORILY PERFORM SUCH PROSECUTOR'S OR OFFICER'S JOB
ASSIGNMENT EXCEPT THAT THE EMPLOYMENT PRODUCTIVITY OF SUCH PROSECUTOR OR
OFFICER SHALL NOT BE MEASURED BY THE ATTAINMENT OR NONATTAINMENT OF ANY
CONVICTION QUOTA. FOR THE PURPOSES OF THIS SECTION A CONVICTION QUOTA
SHALL MEAN A SPECIFIC NUMBER OF CONVICTIONS WHICH MUST BE OBTAINED WITH-
IN A SPECIFIC TIME PERIOD.
(D) PURSUANT TO ARTICLE 20 OF THE BUFFALO CITY CHARTER, THE CITY OF
BUFFALO MAY APPROPRIATE THOSE MONIES WHICH, IN ITS SOLE DISCRETION, ARE
NECESSARY FOR THE COMPENSATION OF THOSE PERSONS SELECTED TO SERVE AS
EXECUTIVE DIRECTOR AND TRAFFIC PROSECUTORS AND TO COVER ALL OTHER
EXPENSES ASSOCIATED WITH THE ADMINISTRATION OF THE BUFFALO TRAFFIC
VIOLATIONS AGENCY.
S 10. Subdivision 3 of section 99-a of the state finance law, as
amended by chapter 388 of the laws of 2012, is amended to read as
follows:
3. The comptroller is hereby authorized to implement alternative
procedures, including guidelines in conjunction therewith, relating to
the remittance of fines, penalties, forfeitures and other moneys by town
and village justice courts, and by the Nassau and Suffolk counties traf-
fic and parking violations agencies, AND BY THE CITY OF BUFFALO TRAFFIC
VIOLATIONS AGENCY, to the justice court fund and for the distribution of
such moneys by the justice court fund. Notwithstanding any law to the
contrary, the alternative procedures utilized may include:
a. electronic funds transfer;
b. remittance of funds by the justice court to the chief fiscal office
of the town or village, or, in the case of the Nassau and Suffolk coun-
ties traffic and parking violations agencies, to the county treasurer,
OR, IN THE CASE OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, TO THE CITY OF
BUFFALO COMPTROLLER, for distribution in accordance with instructions by
the comptroller; and/or
c. monthly, rather than quarterly, distribution of funds.
The comptroller may require such reporting and record keeping as he or
she deems necessary to ensure the proper distribution of moneys in
accordance with applicable laws. A justice court or the Nassau and
Suffolk counties traffic and parking violations agencies OR THE CITY OF
BUFFALO TRAFFIC VIOLATIONS AGENCY may utilize these procedures only when
permitted by the comptroller, and such permission, once given, may
subsequently be withdrawn by the comptroller on due notice.
S. 2008--B 45 A. 3008--B
S 11. Paragraph (c) of subdivision 4-a of section 510 of the vehicle
and traffic law, as added by section 10 of part J of chapter 62 of the
laws of 2003, is amended to read as follows:
(c) Upon receipt of notification from a traffic and parking violations
agency OR A TRAFFIC VIOLATIONS AGENCY of the failure of a person to
appear within sixty days of the return date or new subsequent adjourned
date, pursuant to an appearance ticket charging said person with a
violation of:
(i) any of the provisions of this chapter except one for parking,
stopping or standing and except those violations described in paragraphs
(a), (b), (d), (e) and (f) of subdivision two AND IN PARAGRAPHS (A),
(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
seventy-one of the general municipal law;
(ii) section five hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law;
(iii) section fourteen-f (except paragraph (b) of subdivision four of
section fourteen-f), two hundred eleven or two hundred twelve of the
transportation law; or
(iv) any lawful ordinance or regulation made by a local or public
authority relating to traffic (except one for parking, stopping or
standing) or the failure to pay a fine imposed for such a violation by a
traffic and parking violations agency OR A TRAFFIC VIOLATIONS AGENCY,
the commissioner or his or her agent may suspend the driver's license or
privileges of such person pending receipt of notice from the agency that
such person has appeared in response to such appearance ticket or has
paid such fine. Such suspension shall take effect no less than thirty
days from the day upon which notice thereof is sent by the commissioner
to the person whose driver's license or privileges are to be suspended.
Any suspension issued pursuant to this paragraph shall be subject to the
provisions of paragraph (j-1) of subdivision two of section five hundred
three of this chapter.
S 12. Paragraph (b) of subdivision 3 of section 514 of the vehicle and
traffic law, as amended by section 11 of part J of chapter 62 of the
laws of 2003, is amended to read as follows:
(b) Upon the failure of a person to appear or answer, within sixty
days of the return date or any subsequent adjourned date, or the failure
to pay a fine imposed by a traffic and parking violations agency OR A
TRAFFIC VIOLATIONS AGENCY pursuant to a summons charging him or her with
a violation of:
(1) any of the provisions of this chapter except one for parking,
stopping or standing and except those violations described in paragraphs
(a), (b), (d), (e) and (f) of subdivision two AND IN PARAGRAPHS (A),
(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
seventy-one of the general municipal law;
(2) section five hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law;
(3) section fourteen-f (except paragraph (b) of subdivision four of
section fourteen-f), two hundred eleven or two hundred twelve of the
transportation law; or
(4) any lawful ordinance or regulation made by a local or public
authority relating to traffic (except one for parking, stopping or
standing);
the clerk thereof shall within ten days certify that fact to the commis-
sioner, in the manner and form prescribed by the commissioner, who shall
record the same in his or her office. Thereafter and upon the appearance
of any such person in response to such summons or the receipt of the
S. 2008--B 46 A. 3008--B
fine by the agency, the traffic and parking violations agency, THE TRAF-
FIC VIOLATIONS AGENCY or the clerk thereof shall forthwith certify that
fact to the commissioner, in the manner and form prescribed by the
commissioner; provided, however, no such certification shall be made
unless the traffic and parking violations agency OR THE TRAFFIC
VIOLATIONS AGENCY has collected the termination of suspension fee
required to be paid pursuant to paragraph (j-1) of subdivision two of
section five hundred three of this chapter.
S 13. The article heading of article 44-A of the vehicle and traffic
law, as amended by chapter 388 of the laws of 2012, is amended to read
as follows:
AUTHORITY OF THE NASSAU AND SUFFOLK
COUNTY DISTRICT COURT AND BUFFALO CITY COURT
JUDICIAL HEARING OFFICERS
S 14. The section heading of section 1690 of the vehicle and traffic
law, as amended by chapter 388 of the laws of 2012, is amended to read
as follows:
Authority of the Nassau county and Suffolk county district court judi-
cial hearing officers AND THE CITY OF BUFFALO JUDICIAL HEARING OFFICERS.
S 15. Section 1690 of the vehicle and traffic law is amended by adding
two new subdivisions 1-a and 4-a to read as follows:
1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE TRIAL OF A
TRAFFIC INFRACTION IS AUTHORIZED OR REQUIRED TO BE TRIED BEFORE THE
BUFFALO CITY COURT, AND SUCH TRAFFIC INFRACTION 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 C OF SUBDIVISION TWO OF SECTION ONE HUNDRED FORTY OF
THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING, STANDING OR PEDESTRIAN
OFFENSE, 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 CRIM-
INAL PROCEDURE LAW, AS SUCH A MISDEMEANOR, FELONY, VIOLATION OF SUBDIVI-
SION 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 PARAGRAPH (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, OR ANY PARKING,
STOPPING, STANDING OR PEDESTRIAN OFFENSE, THE ADMINISTRATIVE JUDGE OF
THE EIGHTH JUDICIAL DISTRICT MAY ASSIGN JUDICIAL HEARING OFFICERS TO
CONDUCT SUCH A TRIAL. SUCH JUDICIAL HEARING OFFICERS SHALL: (I) BE RESI-
DENTS OF THE CITY OF BUFFALO; AND (II) BE VILLAGE OR TOWN COURT
JUSTICES, CITY COURT JUDGES OR RETIRED JUDGES OR JUSTICES ALL OF WHICH
SHALL HAVE AT LEAST TWO YEARS OF EXPERIENCE CONDUCTING TRIALS OF TRAFFIC
VIOLATIONS CASES; AND (III) BE ADMITTED TO PRACTICE LAW IN THIS STATE;
AND (IV) BE SELECTED FROM A LIST OF RECOMMENDATIONS OF THE MAYOR OF THE
CITY OF BUFFALO PROVIDED THAT THE MAYOR SHALL GIVE AT LEAST THREE RECOM-
MENDATIONS FOR EACH JUDICIAL HEARING OFFICER ASSIGNMENT. WHERE SUCH
ASSIGNMENT IS MADE, THE JUDICIAL HEARING OFFICER SHALL ENTERTAIN THE
CASE IN THE SAME MANNER AS A COURT AND SHALL:
(A) DETERMINE ALL QUESTIONS OF LAW;
(B) ACT AS THE EXCLUSIVE TRIER OF ALL ISSUES OF FACT;
(C) RENDER A VERDICT;
(D) IMPOSE SENTENCE; OR
S. 2008--B 47 A. 3008--B
(E) DISPOSE OF THE CASE IN ANY MANNER PROVIDED BY LAW.
4-A. JUDICIAL HEARING OFFICERS ARE PROHIBITED FROM APPEARING IN ANY
CAPACITY OTHER THAN AS A JUDICIAL HEARING OFFICER IN ANY PART OF BUFFALO
CITY COURT ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND ARE FURTHER
PROHIBITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A JUDICIAL HEAR-
ING OFFICER IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL ON ANY MATTER
RELATING TO TRAFFIC VIOLATIONS.
S 16. Subdivision 5 of section 350.20 of the criminal procedure law,
as amended by chapter 388 of the laws of 2012, is amended to read as
follows:
5. Notwithstanding the provisions of subdivision one of this section,
for all proceedings before the district court of Nassau county the
administrative judge of Nassau county may, and for all proceedings
before the district court of Suffolk county, the administrative judge of
Suffolk county may, without the consent of the parties, assign matters
involving traffic and parking infractions except those described in
paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
three hundred seventy-one of the general municipal law to a judicial
hearing officer in accordance with the provisions of section sixteen
hundred ninety of the vehicle and traffic law AND FOR ALL PROCEEDINGS
BEFORE THE BUFFALO CITY COURT THE ADMINISTRATIVE JUDGE OF THE EIGHTH
JUDICIAL DISTRICT MAY, WITHOUT THE CONSENT OF THE PARTIES, ASSIGN
MATTERS INVOLVING TRAFFIC INFRACTIONS EXCEPT THOSE DESCRIBED IN PARA-
GRAPHS (A), (B), (C), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A OF
SECTION THREE HUNDRED SEVENTY-ONE OF THE GENERAL MUNICIPAL LAW TO A
JUDICIAL HEARING OFFICER IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SIXTEEN HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
S 17. Pending actions and proceedings. (a) No proceeding involving a
charge of a traffic infraction pending at such time when an existing
administrative tribunal shall cease to exist shall be affected or abated
by the passage of this act or by anything herein contained or by the
cessation of the existence of any administrative tribunal. All such
proceedings are hereby transferred to the court of appropriate jurisdic-
tion in the city where such traffic infractions allegedly occurred.
(b)(i) The agency, department, office, or person charged with the
custody of the records of an existing administrative tribunal which is
about to cease existing under, or in connection with, this act shall
arrange for the transfer of the records of pending proceedings to the
court of appropriate jurisdiction to which the proceedings shall be
transferred. The presiding judge of such court shall enter an order
providing for adequate notice consistent with due process of law to
respondents in such pending proceedings regarding the transfer of such
proceedings.
(ii) In no event shall any difficulty or delay resulting from the
transfer process, not caused by the respondent, increase the penalty
required of the respondent appearing before the court due to a transfer
of the traffic infraction proceeding or otherwise prejudice such
respondent. Respondents before the court due to a transfer of the traf-
fic infraction proceeding from an administrative tribunal to the court
that fail to appear shall be permitted at least one adjournment before
the penalties and procedures pursuant to subdivision 3 of section 226 of
the vehicle and traffic law shall be available. The presiding judge of
such court shall enter an order providing for adequate notice consistent
with due process of law to respondents, including notice of the penal-
ties and procedures available pursuant to subdivision 3 of section 226
of the vehicle and traffic law.
S. 2008--B 48 A. 3008--B
S 18. The executive director of the Buffalo traffic violations agency
shall issue on an annual basis, beginning eighteen months following the
creation of the Buffalo traffic violations agency pursuant to city of
Buffalo local law, a report detailing the progress, development and
operations of the traffic violations agency. The report shall be
provided to the governor, the temporary president of the senate, the
speaker of the assembly, the mayor of Buffalo, the common council of
Buffalo, the presiding judge of the Buffalo city court and the Erie
county district attorney.
S 19. This act shall take effect on May 1, 2015; provided, however,
that effective immediately the city of Buffalo is authorized to enact a
local law establishing a traffic violations agency in the city of
Buffalo; provided, however, that the provisions of sections four and
five of this act shall take effect on the same date as the enactment of
such local law, herein authorized, establishing a traffic violations
agency; provided, further, that if established, such agency and the city
of Buffalo shall comply with all the provisions of law set forth in this
act; provided, however, that the amendments made to section 371 of the
general municipal law, made by sections six, seven and eight of this
act, shall not affect the expiration of such section and be deemed to
expire therewith; and provided, further, that the city of Buffalo shall
notify the legislative bill drafting commission upon the occurrence of
the enactment of the local law provided for in this section in order
that the commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.
PART DD
Section 1. Section 12 of part F of chapter 58 of the laws of 2013
amending the environmental conservation law and the state finance law
relating to the "Cleaner, Greener NY Act of 2013", is amended to read as
follows:
S 12. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013; provided,
however, that the amendments to subdivision 5-a of section 27-1015 of
the environmental conservation law, as added by section nine of this
act, shall expire and be deemed repealed on April 1, [2015] 2017.
S 2. This act shall take effect immediately.
PART EE
Section 1. The soil and water conservation districts law is amended by
adding a new section 4-a to read as follows:
S 4-A. FARM DRAIN TILE REVOLVING LOAN PROGRAM. (1) DEFINITIONS. (A)
"FARM DRAIN TILE PROJECT." A SPECIFIC WORK OR IMPROVEMENT THAT IS UNDER-
TAKEN BY AN AGRICULTURAL PRODUCER FOR THE CONSTRUCTION OR IMPROVEMENT OF
DRAIN TILE FOR THE PURPOSE OF ENHANCING FARM FIELDS.
(B) "LOCAL LOAN ADMINISTRATOR." A FARM CREDIT BUREAU OR MEMBER OF THE
FARM CREDIT SYSTEM OR A BANKING INSTITUTION OR NON-GOVERNMENTAL ORGAN-
IZATION WITH A DEMONSTRATED ABILITY TO PROVIDE FINANCIAL ASSISTANCE AND
SERVICE TO AGRICULTURAL RURAL AREAS, THAT HAVE ENTERED INTO A MASTER
SERVICING AGREEMENT PRESCRIBED PURSUANT TO SUBDIVISION TWO OF THIS
SECTION.
S. 2008--B 49 A. 3008--B
(2) MASTER SERVICING AGREEMENT. (A) THE STATE SOIL AND WATER CONSERVA-
TION COMMITTEE ("COMMITTEE") IS HEREBY AUTHORIZED TO USE THE MONIES HELD
IN THE FARM DRAIN TILE REVOLVING LOAN FUND TO MAKE ADVANCES TO A LOCAL
LOAN ADMINISTRATOR THAT HAS ENTERED INTO A WRITTEN MASTER SERVICING
AGREEMENT PRESCRIBED BY THE COMMITTEE PURSUANT TO PARAGRAPH (B) OF THIS
SUBDIVISION.
(B) THE COMMITTEE, IN CONSULTATION WITH THE COMPTROLLER, SHALL
PRESCRIBE A MASTER SERVICING AGREEMENT TO BE EXECUTED BY THE COMMITTEE
AND LOCAL LOAN ADMINISTRATORS. SUCH AGREEMENT SHALL PROVIDE THAT: (I)
ANY ADVANCES MADE TO A LOCAL LOAN ADMINISTRATOR SHALL BE USED SOLELY FOR
THE PURPOSE OF PROVIDING LOANS TO AGRICULTURAL PRODUCERS FOR UNDERTAKING
FARM DRAIN TILE PROJECTS; (II) THE TOTAL AMOUNT OF LOANS MADE TO ANY
SINGLE AGRICULTURAL PRODUCER SHALL NOT EXCEED FIFTY THOUSAND DOLLARS PER
ANNUM; (III) THE TERM OF ANY LOAN SHALL NOT EXCEED TEN YEARS AND EQUAL
PAYMENTS OF PRINCIPAL PAYABLE NO LESS FREQUENTLY THAN ANNUALLY SHALL BE
REQUIRED TO BE MADE ON SUCH LOAN DURING THE TERM SUCH LOAN IS OUTSTAND-
ING WHICH PAYMENTS WILL LIQUIDATE THE ENTIRE PRINCIPAL BALANCE OF THE
LOAN OVER ITS TERM; (IV) THE LOCAL LOAN ADMINISTRATOR IS REQUIRED TO PAY
TO THE COMMITTEE FOR DEPOSIT INTO THE FARM DRAIN TILE REVOLVING LOAN
FUND ALL REPAYMENTS INCLUDING INTEREST, IF ANY, RECEIVED FROM ANY AGRI-
CULTURAL PRODUCERS ON ACCOUNT OF SUCH LOAN, EXCEPT FOR THAT PORTION
PERMITTED TO BE RETAINED BY THE LOCAL LOAN ADMINISTRATOR AS A FEE PURSU-
ANT TO THE MASTER SERVICING AGREEMENT. THE MASTER SERVICING AGREEMENT
SHALL ALSO SET FORTH: (I) THE FORM OF ANY NOTE AND SECURITY AGREEMENT TO
BE EXECUTED BY THE AGRICULTURAL PRODUCER IN CONNECTION WITH ANY LOAN;
(II) THE RATE OF INTEREST, IF ANY, TO BE CHARGED ON ANY LOAN; (III) THE
AMOUNT OF ANY FEE TO BE RETAINED BY THE LOCAL LOAN ADMINISTRATOR FOR
SERVICING ANY LOAN; (IV) THE FORM OF APPLICATION REQUIRED TO BE
COMPLETED BY AN AGRICULTURAL PRODUCER FOR ANY LOAN; (V) THE FORM OF
REQUISITION AND CERTIFICATION TO BE REQUIRED FROM A LOCAL LOAN ADMINIS-
TRATOR TO OBTAIN AN ADVANCE OF FUNDS FROM THE COMMITTEE; (VI) ANY OTHER
CONDITIONS TO BE IMPOSED UPON AN AGRICULTURAL PRODUCER AS A CONDITION OF
RECEIVING A LOAN; (VII) THE RESPONSIBILITIES TO BE PERFORMED BY THE
LOCAL LOAN ADMINISTRATOR IN CONNECTION WITH REVIEWING, APPROVING AND
SERVICING THE LOAN AND THE CIRCUMSTANCES UNDER WHICH THE COMMITTEE MAY
TERMINATE A MASTER SERVICING AGREEMENT; (VIII) CONDITIONS NECESSARY TO
INSURE PROMPT CLOSING ON LOANS FOR WHICH FUNDS ARE ADVANCED, INCLUDING
PAYMENT OF INTEREST OF FUNDS FROM THE TIME ADVANCED UNTIL UTILIZED; AND
(IX) SUCH OTHER REQUIREMENTS AS THE COMMITTEE MAY FROM TIME TO TIME
ESTABLISH BY RULES AND REGULATIONS CONSISTENT WITH THE PURPOSES OF THIS
SECTION.
(3) (A) THE COMMITTEE SHALL, SUBJECT TO THE AVAILABILITY OF FUNDS AS
APPROPRIATED BY THE LEGISLATURE, ADVANCE FROM THE FARM DRAIN TILE
REVOLVING LOAN FUND TO A LOCAL LOAN ADMINISTRATOR THE AMOUNT OF FUNDS
REQUESTED IN ANY REQUISITION WITHIN FIFTEEN BUSINESS DAYS AFTER RECEIPT
OF ALL OF THE FOLLOWING: A COMPLETED REQUISITION FOR AN ADVANCE OF
FUNDS; COPIES OF ANY APPLICATIONS AND ANY SUPPORTING DOCUMENTATION TO
WHICH SUCH REQUISITION PERTAINS; AND A CERTIFICATION FROM THE LOCAL LOAN
ADMINISTRATOR WITH RESPECT TO SUCH REQUISITION IN ADDITION TO ANY OTHER
REPRESENTATION AND STATEMENT REQUIRED BY THE COMMITTEE. THE CERTIF-
ICATION FROM THE LOCAL LOAN ADMINISTRATOR SHALL STATE THAT: (I) THE LOAN
ADMINISTRATOR HAS PERFORMED ITS RESPONSIBILITIES IN CONNECTION WITH
REVIEW AND APPROVAL OF APPLICATIONS TO WHICH SUCH REQUISITION PERTAINS,
(II) TO THE BEST OF THE LOCAL LOAN ADMINISTRATOR'S KNOWLEDGE THE LOANS,
TO WHICH THE ADVANCES PERTAIN, COMPLY WITH THE MASTER SERVICING AGREE-
MENT AND THE PROVISIONS OF THIS SECTION, AND (III) THE BORROWERS HAVE
S. 2008--B 50 A. 3008--B
DEMONSTRATED THEIR ABILITY TO MAKE THE REPAYMENTS REQUIRED UNDER THE
LOAN. IN THE EVENT THAT FUNDS ARE NOT AVAILABLE OR THE COMMITTEE DETER-
MINES THAT THE REQUISITION, APPLICATION OR CERTIFICATION IS DEFECTIVE,
IT SHALL SO NOTIFY THE LOCAL LOAN ADMINISTRATOR WITHIN FIFTEEN BUSINESS
DAYS AFTER RECEIPT OF THE REQUISITION.
(B) THE COMMITTEE SHALL ESTABLISH CRITERIA FOR PRIORITIZING LOAN
APPLICATIONS IN THE EVENT THAT THE REQUISITIONS SUBMITTED TO THE COMMIT-
TEE BY ONE OR MORE LOCAL LOAN ADMINISTRATORS EXCEED THE AMOUNT THEN
AVAILABLE FOR THE PURPOSES OF THIS SECTION. IN DETERMINING PRIORITY, THE
COMMITTEE SHALL TAKE INTO ACCOUNT: (I) WHETHER THE FARM DRAIN TILE
PROJECT TO WHICH THE APPLICATION PERTAINS IS THE MOST COST EFFECTIVE
APPROACH TO ENABLE THE AGRICULTURAL PRODUCER TO CONSTRUCT OR IMPROVE
FARM DRAIN TILE ON THE FARM; (II) WHETHER THE AGRICULTURAL PRODUCER
MAKING APPLICATION LACKS THE FINANCIAL RESOURCES TO UNDERTAKE THE FARM
DRAIN TILE PROJECT WITHOUT OBTAINING A LOAN PURSUANT TO THIS SECTION;
AND (III) SUCH OTHER FACTORS AS THE COMMITTEE DEEMS RELEVANT. IN APPLY-
ING THE CRITERIA TO BE UTILIZED FOR PRIORITIZING LOANS, THE COMMITTEE
SHALL BE ENTITLED TO RELY ON THE INFORMATION CONTAINED IN THE COPIES OF
THE APPLICATIONS SUBMITTED WITH THE REQUISITION.
(4) EXAMINATION BY COMPTROLLER. THE COMPTROLLER, OR HIS OR HER LEGALLY
AUTHORIZED REPRESENTATIVE, IS HEREBY AUTHORIZED AND EMPOWERED FROM TIME
TO TIME TO EXAMINE THE BOOKS AND ACCOUNTS OF THE COMMITTEE RELATING TO
THE FARM DRAIN TILE FUND, AND FROM TIME TO TIME, TO EXAMINE THE BOOKS
AND ACCOUNTS OF ANY LOCAL LOAN ADMINISTRATOR WHICH HAS RECEIVED ADVANCES
FROM SUCH FUND PURSUANT TO THIS SECTION, BUT ONLY INSOFAR AS THOSE BOOKS
AND ACCOUNTS RELATE TO SUCH ADVANCES AND TO THE LOCAL LOAN ADMINISTRA-
TOR'S COMPLIANCE WITH THE MASTER SERVICING AGREEMENT ENTERED INTO PURSU-
ANT TO THIS SECTION.
(5) ESTABLISHMENT OF FUND. (A) THERE IS HEREBY CREATED AND ESTABLISHED
IN THE COMMITTEE A REVOLVING LOAN FUND TO BE KNOWN AS THE "FARM DRAIN
TILE REVOLVING LOAN FUND."
(B) THERE SHALL BE PAID INTO SUCH FARM DRAIN TILE REVOLVING LOAN FUND
(I) ANY MONEYS APPROPRIATED AND MADE AVAILABLE BY THE STATE FOR THE
PURPOSES OF SUCH FUND, (II) NOTWITHSTANDING THE PROVISIONS OF THE STATE
FINANCE LAW OR ANY OTHER PROVISION OF LAW, ANY MONEYS WHICH THE COMMIT-
TEE SHALL RECEIVE IN REPAYMENT OF ADVANCES MADE FROM SUCH FUND, AND
(III) ANY OTHER MONEYS WHICH MAY BE MADE AVAILABLE TO THE COMMITTEE FOR
THE PURPOSE OF SUCH FUND FROM ANY OTHER SOURCE OR SOURCES.
(C) ALL MONEYS PAID INTO THE FUND FROM REPAYMENTS OF LOANS AUTHORIZED
BY SUBDIVISION THREE OF THIS SECTION SHALL CONTINUE TO BE MADE AVAILABLE
FOR THE PURPOSE OF PROVIDING LOANS PURSUANT TO SUCH SUBDIVISION.
(D) ANY MONEYS HELD IN SUCH FARM DRAIN TILE REVOLVING LOAN FUND NOT
REQUIRED FOR IMMEDIATE DISBURSEMENT MAY BE INVESTED, AT THE DISCRETION
OF THE COMMITTEE, IN OBLIGATIONS OF THE STATE OR THE UNITED STATES
GOVERNMENT OR OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUAR-
ANTEED BY THE STATE OR THE UNITED STATES GOVERNMENT. ANY INCOME OR
INTEREST EARNED BY, OR INCREMENT TO, SUCH FARM DRAIN TILE REVOLVING LOAN
FUND SHALL BE ADDED TO THE MONEYS HELD IN SUCH FUND FOR THE PURPOSES
HEREIN PROVIDED.
(6) RULES AND REGULATIONS. THE COMMITTEE IS EMPOWERED TO PROMULGATE
SUCH RULES AND REGULATIONS AND TO PRESCRIBE SUCH FORMS AS IT SHALL DEEM
NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
S 2. Subject to appropriation, "five hundred thousand dollars"
($500,000) shall be allocated from the farm drain tile revolving loan
fund for loans pursuant to subdivision 3 of section 4-a of the soil and
water conservation districts law.
S. 2008--B 51 A. 3008--B
S 3. This act shall take effect immediately provided, however, that
the provisions of subdivision 3 of section 4-a of the soil and water
conservation districts law as added by section one of this act shall
apply to requisitions which are submitted commencing one hundred twenty
days after the effective date of this act.
PART FF
Section 1. Section 16-w of section 1 of chapter 174 of the laws of
1968, constituting the New York state urban development corporation act,
as added by section 1 of part Z of chapter 55 of the laws of 2014, is
amended to read as follows:
S 16-w. Beginning farmers NY fund. 1. The beginning farmers NY fund is
hereby created. The purpose of the beginning farmers NY fund is to make
grants to eligible applicants, to support beginning farmers and encour-
age them to consider farming as a career, resulting in the growth of
agribusiness within the state and the concomitant tax revenues for the
state.
2. The corporation shall consult with the department of agriculture
and markets in order to establish such criteria governing the award of
grants as authorized herein, as the corporation and such department deem
necessary. Such criteria shall include, but not be limited to:
(a) farmers who have not produced an "agricultural product" as defined
[in] BY SECTION THREE HUNDRED TWENTY-EIGHT OF the agriculture and
markets law, for more than ten consecutive years, and who will mate-
rially and substantially participate in the production of an agricul-
tural product within a region of the state.
[(b) farmers who demonstrate innovative agricultural techniques
including, but not limited to, organic farming and specialty crops.
(c)] (B) farms of one hundred fifty acres or less.
3. APPROPRIATIONS TO THE BEGINNING FARMERS NY FUND MAY BE USED FOR THE
FOLLOWING PURPOSES:
(A) TO ASSIST FARMERS IN DEMONSTRATING INNOVATIVE AGRICULTURAL TECH-
NIQUES INCLUDING, BUT NOT LIMITED TO, ORGANIC FARMING AND SPECIALTY
CROPS.
(B) CAPITAL GRANTS IN ACCORDANCE WITH A BUSINESS PLAN TO IMPROVE FARM
PROFITABILITY. UPON COMPLETION OF SUCH BUSINESS PLAN, RECIPIENTS SHALL
BE ELIGIBLE FOR CAPITAL GRANTS TO ENHANCE THE PROFITABILITY OF FARMING
OPERATIONS. SUCH GRANTS MAY BE USED FOR PURPOSES INCLUDING, BUT NOT
LIMITED TO, THE PURCHASE OF MACHINERY OR THE CONSTRUCTION OR IMPROVEMENT
OF PHYSICAL STRUCTURES. ANY CAPITAL GRANT SHALL BE ISSUED WITH A ONE-TO-
ONE MATCH BETWEEN THE STATE AND RECIPIENT.
[3] 4. The corporation shall establish a competitive process for the
evaluation of applicants for the beginning farmers NY fund. When award-
ing funds pursuant to this section, the corporation shall ensure that
applicants meet the criteria and requirements determined by the corpo-
ration pursuant to this section.
[4] 5. The beginning farmers NY fund shall not invest an amount in any
single beneficiary that exceeds fifty thousand dollars, subject to any
exceptions to be established by guidelines of the corporation.
[5] 6. Notwithstanding any provision of law to the contrary, the
corporation may establish a program fund for program use and pay into
such fund any eligible funds available to the corporation from any
source, including moneys appropriated by the state.
[6] 7. The corporation shall submit a report annually on December
thirty-first to the director of the budget, the temporary president of
S. 2008--B 52 A. 3008--B
the senate, the speaker of the assembly, the minority leader of the
senate and the minority leader of the assembly detailing (a) the total
amount of funds committed to each applicant; (b) the location of each
applicant; and (c) such other information as the corporation deems
necessary.
[7] 8. The corporation is hereby authorized to establish guidelines
for the administration of the program, including application procedures
and disbursement terms, and to provide for the repayment of funds
received by the beneficiary if the beneficiary leaves New York state or
otherwise ceases farming activity within a period of time to be estab-
lished by the corporation.
S 2. This act shall take effect immediately.
PART GG
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part GG of chapter 57 of the laws of 2014, is
amended to read as follows:
S 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2015] 2016 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
S 2. This act shall take effect immediately.
PART HH
Section 1. (a) Notwithstanding any provision of law to the contrary,
the civil service department may re-classify the person employed in an
exempt or non-competitive class position of special office assistant by
the division of budget or director of wagering systems by the gaming
commission or research scientist by the department of health or critical
infrastructure analyst by the division of homeland security and emergen-
cy services immediately prior to being transferred to the office of
information technology services pursuant to subdivision 2 of section 70
of the civil service law to align with the duties and responsibilities
of their positions upon transfer. Permanent employees whose positions
are subsequently re-classified to align with the duties and responsibil-
ities of their positions upon being transferred to the office of infor-
mation technology services pursuant to subdivision 2 of section 70 of
the civil service law shall hold such positions without further examina-
tion or qualification.
(b) No employee whose position is re-classified pursuant to this
section shall suffer a reduction in basic salary as a result of such
re-classification and shall continue to receive, at a minimum, the sala-
ry that such employee received while employed at their prior agency.
S 2. This act shall take effect immediately.
PART II
Section 1. Subdivisions 3 and 5 of section 19-0323 of the environ-
mental conservation law, as amended by section 1 of part DD of chapter
57 of the laws of 2014, are amended to read as follows:
S. 2008--B 53 A. 3008--B
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, [2015] 2016.
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.
5. In addition to any waiver which may be issued pursuant to subdivi-
sion four of this section, the department shall issue a waiver to a
state agency, a state or regional public authority, or a person operat-
ing any diesel-powered heavy duty vehicle on behalf of a state agency,
state or regional public authority, upon a request in a form acceptable
to the department for a waiver from the provisions of subdivision three
of this section for a vehicle engine provided that such vehicle engine
will cease to be used in the state on or before December thirty-first,
two thousand [sixteen] SEVENTEEN. Any waiver issued pursuant to this
subdivision shall expire when a state agency, a state or regional public
authority, or a person operating any diesel-powered heavy duty vehicle
on behalf of a state agency, state or regional public authority ceases
to use the engine in the state but not later than December thirty-first,
two thousand [sixteen] SEVENTEEN.
S 2. Subdivision 7 of section 19-0323 of the environmental conserva-
tion law, as amended by section 2 of part DD of chapter 57 of the laws
of 2014, is amended to read as follows:
7. On or before January 1, 2008 and every year thereafter, the commis-
sioner shall report to the governor and legislature on the use of ultra
low sulfur diesel fuel. On or before January 1, [2016] 2017 and every
year thereafter, the commissioner shall include in the report to the
governor and legislature the use of the best available retrofit technol-
ogy as required under this section. The information contained in this
report shall include, but not be limited to, for each state agency and
public authority covered by this section: (a) the total number of diesel
fuel-powered motor vehicles owned or operated by such agency and author-
ity; (b) the number of such motor vehicles that were powered by ultra
low sulfur diesel fuel; (c) the total number of diesel fuel-powered
motor vehicles owned or operated by such agency and authority having a
gross vehicle weight rating of more than 8,500 pounds; (d) the number of
such motor vehicles that utilized the best available retrofit technolo-
gy, including a breakdown by motor vehicle model, engine year and the
type of technology used for each vehicle; (e) the number of such motor
vehicles that are equipped with an engine certified to the applicable
2007 United States environmental protection agency standard for particu-
late matter as set forth in section 86.007-11 of title 40 of the code of
federal regulations or to any subsequent United States environmental
protection agency standard for particulate matter that is at least as
stringent; and (f) all waivers, findings, and renewals of such findings,
which, for each waiver, shall include, but not be limited to, the quan-
tity of diesel fuel needed to power diesel fuel-powered motor vehicles
owned or operated by such agency and authority; specific information
concerning the availability of ultra low sulfur diesel fuel.
S 3. This act shall take effect immediately.
S. 2008--B 54 A. 3008--B
PART JJ
Section 1. Section 1 of part D of chapter 111 of the laws of 2010
relating to the recovery of exempt income by the office of mental health
for community residences and family-based treatment programs as amended
by section 1 of part C of chapter 58 of the laws of 2014, is amended to
read as follows:
Section 1. The office of mental health is authorized to recover fund-
ing from community residences and family-based treatment providers
licensed by the office of mental health, consistent with contractual
obligations of such providers, and notwithstanding any other inconsist-
ent provision of law to the contrary, in an amount equal to 50 percent
of the income received by such providers which exceeds the fixed amount
of annual Medicaid revenue limitations, as established by the commis-
sioner of mental health. Recovery of such excess income shall be for the
following fiscal periods: for programs in counties located outside of
the city of New York, the applicable fiscal periods shall be January 1,
2003 through December 31, 2009 and January 1, 2011 through December 31,
[2015] 2016; and for programs located within the city of New York, the
applicable fiscal periods shall be July 1, 2003 through June 30, 2010
and July 1, 2011 through June 30, [2015] 2016.
S 2. This act shall take effect immediately.
PART KK
Section 1. Subparagraph 9 of paragraph h of subdivision 4 of section
1950 of the education law, as added by section 1 of part M of chapter 56
of the laws of 2012, is amended to read as follows:
(9) To enter into contracts with the commissioner of the office of
mental health, to provide special education [and], related services AND
ANY ALTERNATIVE EDUCATION PROGRAMS APPROVED BY THE COMMISSIONER PURSUANT
TO REGULATIONS PROMULGATED UNDER SECTION ONE HUNDRED TWELVE OF THIS
CHAPTER WHERE THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES PROVIDES
ALTERNATIVE EDUCATION PROGRAMS TO COMPONENT SCHOOL DISTRICTS, in accord-
ance with subdivision six-b of section thirty-two hundred two of this
chapter to patients hospitalized in hospitals operated by the office of
mental health who are between the ages of five and twenty-one who have
not received a high school diploma. Any such proposed contract shall be
subject to the review by the commissioner and his [and] OR her determi-
nation that it is an approved cooperative educational service. Services
provided pursuant to such contracts shall be provided at cost and
approved by the commissioner of the office of mental health and the
director of the division of the budget, and the board of cooperative
educational services shall not be authorized to charge any costs
incurred in providing such services to its component school districts.
S 2. Subdivision 6-b of section 3202 of the education law, as added by
section 2 of part M of chapter 56 of the laws of 2012, is amended to
read as follows:
6-b. The commissioner of mental health may meet his or her obligations
under section 33.11 of the mental hygiene law by contracting pursuant to
this subdivision for educational services for children between the ages
of five and twenty-one who do not hold a high school diploma and who are
hospitalized in hospitals operated by the office of mental health with
the trustees or board of education of any school district for educa-
tional services or with a board of cooperative educational services for
the provision of special education [and], related services AND ANY
S. 2008--B 55 A. 3008--B
ALTERNATIVE EDUCATION PROGRAMS APPROVED BY THE COMMISSIONER PURSUANT TO
REGULATIONS PROMULGATED UNDER SECTION ONE HUNDRED TWELVE OF THIS CHAPTER
WHERE THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES PROVIDES ALTERNATIVE
EDUCATION PROGRAMS TO COMPONENT SCHOOL DISTRICTS to such children in
accordance with their individualized education programs. The costs of
such education shall not be a charge upon a school district pursuant to
section 33.11 of the mental hygiene law.
(1) The [education department] COMMISSIONER OF MENTAL HEALTH shall
reimburse the school district or board of cooperative educational
services providing educational services pursuant to this subdivision for
the full cost of all services pursuant to the terms of such contract.
(2) The commissioner of mental health, with the approval of the direc-
tor of the division of the budget, shall be authorized to transfer fund-
ing to [the commissioner of education to the extent necessary to reim-
burse] school districts and boards of cooperative educational services
for services and educational programming provided under such contracts.
(3) Notwithstanding any provision of law to the contrary, nothing in
this subdivision or subparagraph nine of paragraph h of subdivision four
of section nineteen hundred fifty of this chapter shall be construed as
requiring participation by any local school district or board of cooper-
ative educational services.
S 3. The commissioner of mental health, in consultation with the
commissioner of education, shall submit to the governor, and to the
temporary president of the senate and the speaker of the assembly, a
report and recommendations by December 15, 2015 and annually thereafter,
on the number of children hospitalized in hospitals operated by the
office of mental health who received educational services from school
districts and boards of cooperative educational services pursuant to the
provisions of this act in the most recent school year and the projected
number to be served in the subsequent school year, the services provided
to these children, and the actual or projected cost of such services.
Such report shall also provide detailed proposals regarding whether
additional actions should be taken to ensure that children hospitalized
in hospitals operated by the office of mental health continue to receive
education programming and services as required by state and federal law.
S 4. Section 4 of part M of chapter 56 of the laws of 2012 amending
the education law, relating to authorizing contracts for the provision
of special education and related services for certain patients hospital-
ized in hospitals operated by the office of mental health, is amended to
read as follows:
S 4. This act shall take effect July 1, 2012 and shall expire June 30,
[2015] 2018, when upon such date the provisions of this act shall be
deemed repealed.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015, provided,
however, that:
a. The amendments to subparagraph 9 of paragraph h of subdivision 4 of
section 1950 of the education law made by section one of this act shall
not affect the repeal of such subparagraph and shall be deemed repealed
therewith; and
b. The amendments to subdivision 6-b of section 3202 of the education
law made by section two of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.
PART LL
S. 2008--B 56 A. 3008--B
Section 1. Section 3 of part A of chapter 111 of the laws of 2010
amending the mental hygiene law relating to the receipt of federal and
state benefits received by individuals receiving care in facilities
operated by an office of the department of mental hygiene, as amended by
section 1 of part B of chapter 58 of the laws of 2014, is amended to
read as follows:
S 3. This act shall take effect immediately; and shall expire and be
deemed repealed June 30, [2015] 2018.
S 2. This act shall take effect immediately.
PART MM
Section 1. Section 366 of the social services law is amended by adding
a new subdivision 7-a to read as follows:
7-A. A. THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMIS-
SIONER OF DEVELOPMENTAL DISABILITIES SHALL APPLY FOR A HOME AND COMMUNI-
TY-BASED WAIVER, PURSUANT TO SUBDIVISION (C) OF SECTION NINETEEN HUNDRED
FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, IN ORDER TO PROVIDE HOME AND
COMMUNITY-BASED SERVICES FOR A POPULATION OF PERSONS WITH DEVELOPMENTAL
DISABILITIES, AS SUCH TERM IS DEFINED IN SECTION 1.03 OF THE MENTAL
HYGIENE LAW.
B. PERSONS ELIGIBLE FOR PARTICIPATION IN THE WAIVER PROGRAM SHALL:
(I) HAVE A DEVELOPMENTAL DISABILITY AS SUCH TERM IS DEFINED IN SUBDI-
VISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW;
(II) MEET THE LEVEL OF CARE CRITERIA PROVIDED BY AN INTERMEDIATE CARE
FACILITY FOR THE DEVELOPMENTALLY DISABLED;
(III) BE ELIGIBLE FOR MEDICAID;
(IV) LIVE AT HOME OR IN AN INDIVIDUALIZED RESIDENTIAL ALTERNATIVE,
COMMUNITY RESIDENCE OR FAMILY CARE HOME, OPERATED OR LICENSED BY THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES;
(V) BE CAPABLE OF BEING CARED FOR IN THE COMMUNITY IF PROVIDED WITH
SUCH SERVICES AS RESPITE, HOME ADAPTATION, OR OTHER HOME AND COMMUNITY-
BASED SERVICES, OTHER THAN ROOM AND BOARD, AS MAY BE APPROVED BY THE
SECRETARY OF THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES, IN
ADDITION TO OTHER SERVICES PROVIDED UNDER THIS TITLE, AS DETERMINED BY
THE ASSESSMENT REQUIRED BY PARAGRAPH C OF THIS SUBDIVISION;
(VI) HAVE A DEMONSTRATED NEED FOR HOME AND COMMUNITY BASED WAIVER
SERVICES; AND
(VII) MEET SUCH OTHER CRITERIA AS MAY BE ESTABLISHED BY THE COMMIS-
SIONER OF HEALTH AND THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES, AS
MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS SUBDIVISION.
C. THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES SHALL ASSESS THE
ELIGIBILITY OF PERSONS ENROLLED, OR SEEKING TO ENROLL, IN THE WAIVER
PROGRAM. THE ASSESSMENT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, AN
EVALUATION OF THE HEALTH, PSYCHO-SOCIAL, DEVELOPMENTAL, HABILITATION AND
ENVIRONMENTAL NEEDS OF THE PERSON AND SHALL SERVE AS THE BASIS FOR THE
DEVELOPMENT AND PROVISION OF AN APPROPRIATE PERSON CENTERED PLAN OF CARE
FOR SUCH PERSON.
D. THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL UNDER-
TAKE OR ARRANGE FOR THE DEVELOPMENT OF A WRITTEN PERSON CENTERED PLAN OF
CARE FOR EACH PERSON ENROLLED IN THE WAIVER. SUCH PERSON CENTERED PLAN
OF CARE SHALL DESCRIBE THE PROVISION OF HOME AND COMMUNITY BASED WAIVER
SERVICES CONSISTENT WITH THE ASSESSMENT FOR EACH PERSON.
E. THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL REVIEW
THE PERSON CENTERED PLAN OF CARE AND AUTHORIZE THOSE HOME AND COMMUNITY
BASED SERVICES TO BE INCLUDED IN THE PERSON CENTERED PLAN OF CARE,
S. 2008--B 57 A. 3008--B
TAKING INTO ACCOUNT THE PERSON'S ASSESSED NEEDS, VALUED OUTCOMES AND
AVAILABLE RESOURCES.
F. THE COMMISSIONERS OF DEVELOPMENTAL DISABILITIES AND HEALTH SHALL
DETERMINE QUALITY STANDARDS FOR ORGANIZATIONS PROVIDING SERVICES UNDER
SUCH WAIVER AND SHALL AUTHORIZE ORGANIZATIONS THAT MEET SUCH STANDARDS
TO PROVIDE SUCH SERVICES.
G. THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES OR HEALTH MAY
PROMULGATE RULES AND REGULATIONS AS NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS SECTION.
H. THIS SUBDIVISION SHALL BE EFFECTIVE ONLY IF, AND AS LONG AS, FEDER-
AL FINANCIAL PARTICIPATION IS AVAILABLE FOR EXPENDITURES INCURRED UNDER
THIS SUBDIVISION.
S 2. Paragraph (a) of subdivision 4 of section 488 of the social
services law, as added by section 1 of part B of chapter 501 of the laws
of 2012, is amended to read as follows:
(a) a facility or program in which services are provided and which is
operated, licensed or certified by the office of mental health, the
office for people with developmental disabilities or the office of alco-
holism and substance abuse services, including but not limited to
psychiatric centers, inpatient psychiatric units of a general hospital,
developmental centers, intermediate care facilities, community resi-
dences, group homes and family care homes, provided, however, that such
term shall not include a secure treatment facility as defined in section
10.03 of the mental hygiene law, SERVICES DEFINED IN SUBPARAGRAPH FOUR
OF SUBDIVISION (A) OF SECTION 16.03 OF THE MENTAL HYGIENE LAW, or
services provided in programs or facilities that are operated by the
office of mental health and located in state correctional facilities
under the jurisdiction of the department of corrections and community
supervision;
S 3. Subdivision 2 of section 550 of the executive law, as added by
section 3 of part A of chapter 501 of the laws of 2012, is amended to
read as follows:
2. "Mental hygiene facility" shall mean a facility as defined in
subdivision six of section 1.03 of the mental hygiene law and facilities
for the operation of which an operating certificate is required pursuant
to article sixteen or thirty-one of the mental hygiene law and including
family care homes. "Mental hygiene facility" also means a secure treat-
ment facility as defined by article ten of the mental hygiene law. THIS
TERM SHALL NOT INCLUDE SERVICES DEFINED IN SUBPARAGRAPH FOUR OF SUBDIVI-
SION (A) OF SECTION 16.03 OF THE MENTAL HYGIENE LAW.
S 4. Subdivisions 3, 4, 5 and 22 of section 1.03 of the mental hygiene
law, subdivision 3 as amended by chapter 223 of the laws of 1992, subdi-
vision 4 as added by chapter 978 of the laws of 1977, subdivision 5 as
amended by chapter 75 of the laws of 2006, and subdivision 22 as amended
by chapter 255 of the laws of 2002, are amended to read as follows:
3. "Mental disability" means mental illness, [mental retardation]
INTELLECTUAL DISABILITY, developmental disability, alcoholism, substance
dependence, or chemical dependence. [A mentally disabled person is one
who has a mental disability.]
4. "Services for [the mentally disabled] PERSONS WITH A MENTAL DISA-
BILITY" means examination, diagnosis, care, treatment, rehabilitation,
SUPPORTS, HABILITATION or training of the mentally disabled.
5. "Provider of services" means an individual, association, corpo-
ration, partnership, limited liability company, or public or private
agency, other than an agency or department of the state, which provides
services for [the mentally disabled] PERSONS WITH A MENTAL DISABILITY.
S. 2008--B 58 A. 3008--B
It shall not include any part of a hospital as defined in article twen-
ty-eight of the public health law which is not being operated for the
purpose of providing services for the mentally disabled. No provider of
services shall be subject to the regulation or control of the department
or one of its offices except as such regulation or control is provided
for by other provisions of this chapter.
22. "Developmental disability" means a disability of a person which:
(a) (1) is attributable to [mental retardation] INTELLECTUAL DISABILI-
TY, cerebral palsy, epilepsy, neurological impairment, familial dysauto-
nomia or autism;
(2) is attributable to any other condition of a person found to be
closely related to [mental retardation] INTELLECTUAL DISABILITY because
such condition results in similar impairment of general intellectual
functioning or adaptive behavior to that of [mentally retarded] INTEL-
LECTUALLY DISABLED persons or requires treatment and services similar to
those required for such person; or
(3) is attributable to dyslexia resulting from a disability described
in subparagraph [(1)] ONE or [(2)] TWO of this paragraph;
(b) originates before such person attains age twenty-two;
(c) has continued or can be expected to continue indefinitely; and
(d) constitutes a substantial handicap to such person's ability to
function normally in society.
S 5. Intentionally omitted.
S 6. Subdivision (a) of section 16.03 of the mental hygiene law is
amended by adding a new paragraph 4 to read as follows:
(4) THE PROVISION OF HOME AND COMMUNITY BASED SERVICES APPROVED UNDER
A WAIVER PROGRAM AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION NINE-
TEEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT AND SUBDIVISIONS
SEVEN AND SEVEN-A OF SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL
SERVICES LAW, PROVIDED THAT AN OPERATING CERTIFICATE ISSUED PURSUANT TO
THIS PARAGRAPH SHALL ONLY AUTHORIZE SERVICES IN A HOME OR COMMUNITY
SETTING.
S 7. Section 16.03 of the mental hygiene law is amended by adding a
new subdivision (f) to read as follows:
(F) ANY PROVIDER OF SERVICES THAT HOLDS AN OPERATING CERTIFICATE
PURSUANT TO PARAGRAPH FOUR OF SUBDIVISION (A) OF THIS SECTION, SHALL BE
AUTHORIZED TO EMPLOY OR CONTRACT WITH PERSONS LICENSED TO PRACTICE NURS-
ING PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCATION LAW;
EMPLOY OR CONTRACT WITH EXEMPT INDIVIDUALS AUTHORIZED TO PERFORM TASKS
PURSUANT TO SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION ONE OF
SECTION SIXTY-NINE HUNDRED EIGHT OF THE EDUCATION LAW; OR CONTRACT WITH
ENTITIES LEGALLY AUTHORIZED TO EMPLOY PERSONS LICENSED TO PRACTICE NURS-
ING PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCATION LAW OR
EXEMPT INDIVIDUALS AUTHORIZED TO PERFORM TASKS PURSUANT TO SUBPARAGRAPH
(V) OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION SIXTY-NINE HUNDRED
EIGHT OF THE EDUCATION LAW; PROVIDED THAT SUCH EXEMPT INDIVIDUALS SHALL
ONLY BE AUTHORIZED TO PROVIDE THOSE TASKS DELEGATED PURSUANT TO SUBPARA-
GRAPH (V) OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION SIXTY-NINE
HUNDRED EIGHT OF THE EDUCATION LAW.
S 8. Subdivision (a), paragraphs 2, 3, and 6 of subdivision (c), para-
graphs 1 and 4 of subdivision (d), subdivision (e), and subdivision (i)
of section 16.05 of the mental hygiene law, subdivision (a), paragraphs
2, 3, and 6 of subdivision (c), paragraphs 1 and 4 of subdivision (d)
and subdivision (e) as added by chapter 786 of the laws of 1983, para-
graph 6 of subdivision (c) and paragraph 4 of subdivision (d) as renum-
S. 2008--B 59 A. 3008--B
bered by chapter 618 of the laws of 1990, and subdivision (i) as amended
by chapter 37 of the laws of 2011, are amended to read as follows:
(a)(1) Application for an operating certificate shall be made upon
forms prescribed by the commissioner.
(2) Application shall be made by the person or entity responsible for
operation of the facility OR PROVIDER OF SERVICES AS DESCRIBED IN SUBDI-
VISION FOUR OF SECTION 16.03 OF THIS ARTICLE. Applications shall be in
writing, shall be verified and shall contain such information as
required by the commissioner.
(2) The character, competence and standing in the community of the
person or entity responsible for operating the facility OR PROVIDING
SERVICES;
(3) The financial resources of the proposed facility OR PROVIDER OF
SERVICES and its sources of future revenues;
(6) In the case of residential facilities, that arrangements have been
made with other providers of services for the provision of health,
habilitation, day treatment, education, sheltered workshop, transporta-
tion or other services as may be necessary to meet the needs of
[clients] INDIVIDUALS who will reside in the facility; and
(1) the financial resources of the proposed facility OR PROVIDER OF
SERVICES and its sources of future revenues;
(4) in the case of residential facilities, that arrangements have been
made with other providers of services for the provision of health,
habilitation, day treatment, education, sheltered workshop, transporta-
tion or other services as may be necessary to meet the needs of
[clients] INDIVIDUALS who will reside in the facility; and
(e) The commissioner may disapprove an application for an operating
certificate, may authorize fewer services than applied for, and may
place limitations or conditions on the operating certificate including,
but not limited to compliance with a time limited plan of correction of
any deficiency which does not threaten the health or well-being of any
[client] INDIVIDUALS. In such cases the applicant shall be given an
opportunity to be heard, at a public hearing if requested by the appli-
cant.
(i) In the event that the holder of an operating certificate for a
residential facility issued by the commissioner pursuant to this article
wishes to cease the operation or conduct of any of the activities, as
defined in paragraph one OR FOUR of subdivision (a) of section 16.03 of
this article, for which such certificate has been issued or to cease
operation of any one or more of facilities for which such certificate
has been issued; wishes to transfer ownership, possession or operation
of the premises and facilities upon which such activities are being
conducted or to transfer ownership, possession or operation of any one
or more of the premises or facilities for which such certificate has
been issued; or elects not to apply to the commissioner for re-certifi-
cation upon the expiration of any current period of certification, it
shall be the duty of such certificate holder to give to the commissioner
written notice of such intention not less than sixty days prior to the
intended effective date of such transaction. Such notice shall set forth
a detailed plan which makes provision for the safe and orderly transfer
of each person with a developmental disability served by such certif-
icate holder pursuant to such certificate into a program of services
appropriate to such person's on-going needs and/or for the continuous
provision of a lawfully operated program of such activities and services
at the premises and facilities to be conveyed by the certificate holder.
Such certificate holder shall not cease to provide any such services to
S. 2008--B 60 A. 3008--B
any such person with a developmental disability under any of the circum-
stances described in this section until the notice and plan required
hereby are received, reviewed and approved by the commissioner. For the
purposes of this paragraph, the requirement of prior notice and contin-
uous provision of programs and services by the certificate holder shall
not apply to those situations and changes in circumstances directly
affecting the certificate holder that are not reasonably foreseeable at
the time of occurrence, including, but not limited to, death or other
sudden incapacitating disability or infirmity. Written notice shall be
given to the commissioner as soon as reasonably possible thereafter in
the manner set forth within this subdivision.
S 8-a. Subdivision (c) of section 16.05 of the mental hygiene law is
amended by adding a new paragraph 6-a to read as follows:
(6-A) IN THE CASE OF A PROVIDER OF SERVICES SEEKING TO PROVIDE NURS-
ING TASKS BY NON-LICENSED PERSONS AUTHORIZED TO PROVIDE SUCH TASKS
PURSUANT TO SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION ONE OF
SECTION SIXTY-NINE HUNDRED EIGHT OF THE EDUCATION LAW, THAT SUCH PROVID-
ER WILL PROVIDE SERVICES AND PERFORM TASKS IN A SAFE AND COMPETENT
MANNER AND WILL FULLY COMPLY WITH THE REQUIREMENTS OF SUCH SUBPARAGRAPH
AND ANY MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE AND THE STATE
EDUCATION DEPARTMENT PURSUANT TO SUCH SUBPARAGRAPH. ANY OPERATING
CERTIFICATE SUBJECT TO THIS PARAGRAPH SHALL SPECIFY THAT THE PROVIDER OF
SERVICES IS AUTHORIZED TO PROVIDE THESE NURSING SERVICES.
S 9. Paragraph 1 of subdivision (a) of section 16.09 of the mental
hygiene law, as added by chapter 786 of the laws of 1983, is amended to
read as follows:
(1) "Facility" is limited to a facility in which services are offered
for which an operating certificate is required by this article. For the
purposes of this section facility shall include family care homes BUT
SHALL NOT INCLUDE THE PROVISION OF SERVICES, AS DEFINED IN PARAGRAPH
FOUR OF SUBDIVISION (A) OF SECTION 16.03 OF THIS ARTICLE, OUTSIDE OF A
FACILITY.
S 10. The section heading and subdivision (a) of section 16.11 of the
mental hygiene law are REPEALED and a new section heading and subdivi-
sion (a) are added to read as follows:
OVERSIGHT OF FACILITIES AND SERVICES. (A) THE COMMISSIONER SHALL
PROVIDE FOR THE OVERSIGHT OF FACILITIES AND PROVIDERS OF SERVICES HOLD-
ING OPERATING CERTIFICATES PURSUANT TO SECTION 16.03 OF THIS ARTICLE AND
SHALL PROVIDE FOR THE ANNUAL REVIEW OF SUCH FACILITIES AND PROVIDERS IN
IMPLEMENTING THE REQUIREMENTS OF THE OFFICE AND IN PROVIDING QUALITY
CARE AND PERSON CENTERED AND COMMUNITY BASED SERVICES.
(1) THE REVIEW OF FACILITIES ISSUED AN OPERATING CERTIFICATE PURSUANT
TO THIS ARTICLE SHALL INCLUDE PERIODIC VISITATION AND REVIEW OF EACH
FACILITY. REVIEWS SHALL BE MADE AS FREQUENTLY AS THE COMMISSIONER MAY
DEEM NECESSARY BUT IN ANY EVENT SUCH INSPECTIONS SHALL BE MADE ON AT
LEAST TWO OCCASIONS DURING EACH CALENDAR YEAR WHICH SHALL BE WITHOUT
PRIOR NOTICE, PROVIDED, HOWEVER, THAT WHERE, IN THE DISCRETION OF THE
COMMISSIONER, AN OPERATING CERTIFICATE HAS BEEN ISSUED TO A PROGRAM WITH
A HISTORY OF COMPLIANCE AND A RECORD OF PROVIDING A HIGH QUALITY OF
CARE, THE PERIODIC INSPECTION AND VISITATION REQUIRED BY THIS SUBDIVI-
SION SHALL BE MADE AT LEAST ONCE DURING EACH CALENDAR YEAR PROVIDED SUCH
VISIT SHALL BE WITHOUT PRIOR NOTICE. AREAS OF REVIEW SHALL INCLUDE, BUT
NOT BE LIMITED TO, A REVIEW OF A FACILITY'S: PHYSICAL PLANT, FIRE SAFETY
PROCEDURES, HEALTH CARE, PROTECTIVE OVERSIGHT, ABUSE AND NEGLECT
PREVENTION, AND REPORTING PROCEDURES.
S. 2008--B 61 A. 3008--B
(2) THE REVIEW OF PROVIDERS OF SERVICES, AS DEFINED IN PARAGRAPH FOUR
OF SUBDIVISION (A) OF SECTION 16.03 OF THIS ARTICLE, SHALL ENSURE THAT
THE PROVIDER OF SERVICES COMPLIES WITH ALL THE REQUIREMENTS OF THE
APPLICABLE FEDERAL HOME AND COMMUNITY BASED SERVICES WAIVER PROGRAM AND
APPLICABLE FEDERAL REGULATION, SUBDIVISIONS SEVEN AND SEVEN-A OF SECTION
THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW AND RULES AND REGU-
LATIONS ADOPTED BY THE COMMISSIONER.
S 11. Subdivisions (b), (c), (d), and (e) of section 16.11 of the
mental hygiene law, subdivision (b) as amended by chapter 37 of the laws
of 2011, and subdivisions (c), (d) and (e) as added by chapter 786 of
the laws of 1983, are amended to read as follows:
(b) The commissioner shall have the power to conduct investigations
into the operations of any PROVIDER OF SERVICE, person or entity which
holds an operating certificate issued by the office, into the operation
of any facility, SERVICE or program issued an operating certificate by
the office and into the operations, related to the provision of services
regulated by this chapter, of any person or entity providing a residence
for one or more unrelated persons with developmental disabilities.
(c) In conducting [an inspection] A REVIEW or investigation, the
commissioner or his OR HER authorized representative shall have the
power to inspect facilities, conduct interviews of clients, interview
personnel, examine and copy all records, including financial and medical
records of the facility OR PROVIDER OF SERVICES, and obtain such other
information as may be required in order to carry out his OR HER respon-
sibilities under this chapter.
(d) In conducting any [inspection] REVIEW or investigation under this
chapter, the commissioner or his OR HER authorized representative is
empowered to subpoena witnesses, compel their attendance, administer
oaths to witnesses, examine witnesses under oath, and require the
production of any books or papers deemed relevant to the investigation,
inspection, or hearing. A subpoena issued under this section shall be
regulated by the civil practice law and rules.
(e) The supreme court may enjoin persons or entities subject to
[inspection] REVIEW or investigation pursuant to this article to cooper-
ate with the commissioner and to allow the commissioner access to
PROVIDERS OF SERVICES, facilities, records, clients and personnel as
necessary to enable the commissioner to conduct the [inspection] REVIEW
or investigation.
S 12. Section 16.17 of the mental hygiene law, as added by chapter 786
of the laws of 1983, subdivision (a) and paragraph 2 and subparagraph b
of paragraph 1 of subdivision (b) as amended and subparagraph d of para-
graph 1 of subdivision (b) as relettered by chapter 169 of the laws of
1992, subdivision (b) as amended by chapter 856 of the laws of 1985, the
opening paragraph and subparagraph c of paragraph 1 of subdivision (b)
as amended by chapter 37 of the laws of 2011, subparagraph d of para-
graph 1 of subdivision (b) as added by chapter 618 of the laws of 1990,
paragraph 4 of subdivision (b) as amended by chapter 168 of the laws of
2010, paragraph 1 of subdivision (f) as amended by chapter 601 of the
laws of 2007, subdivision (g) as amended by chapter 24 of the laws of
2007, and subdivision (h) as amended by chapter 306 of the laws of 1995,
is amended to read as follows:
S 16.17 Suspension, revocation, or limitation of an operating certif-
icate.
(a) The commissioner may revoke, suspend, or limit an operating
certificate or impose the penalties described in subparagraph a, b, c or
d of paragraph one of subdivision (b) or in subdivision (g) of this
S. 2008--B 62 A. 3008--B
section upon a determination that the holder of the certificate has
failed to comply with the terms of its operating certificate or with the
provisions of any applicable statute, rule or regulation. The holder of
the certificate shall be given notice and an opportunity to be heard
prior to any such determination except that no such notice and opportu-
nity to be heard shall be necessary prior to an emergency suspension or
limitation of the facility's OR PROVIDER OF SERVICES' operating certif-
icate imposed pursuant to paragraph one of subdivision (b) of this
section, nor shall such notice and opportunity to be heard be necessary
should the commissioner, in his OR HER discretion, decide to issue sepa-
rate operating certificates to each facility OR PROVIDER OF SERVICES
formerly included under the services authorized by one operating certif-
icate to the provider of services.
(b) (1) An operating certificate may be temporarily suspended or
limited without a prior hearing for a period not in excess of sixty days
upon written notice to the facility OR PROVIDER OF SERVICES following a
finding by the office for people with developmental disabilities that a
[client's] INDIVIDUAL'S health or safety is in imminent danger. Upon
such finding and notice, the power of the commissioner temporarily to
suspend or limit an operating certificate shall include, but shall not
be limited to, the power to:
a. Prohibit or limit the placement of new [clients] INDIVIDUALS in the
facility OR SERVICES;
b. Remove or cause to be removed some or all of the [clients] INDIVID-
UALS in the facility OR SERVICES;
c. Suspend or limit or cause to be suspended or limited the payment of
any governmental funds to the facility OR PROVIDER OF SERVICES provided
that such action shall not in any way jeopardize the health, safety and
welfare of any person with a developmental disability in such program or
facility OR SERVICES;
d. Prohibit or limit the placement of new [clients] INDIVIDUALS,
remove or cause to be removed some or all [clients] INDIVIDUALS, or
suspend or limit or cause to be suspended or limited the payment of any
governmental funds, in or to any one or more of the facilities OR
PROVIDER OF SERVICES authorized pursuant to an operating certificate
[issued to a provider of services].
(2) At any time subsequent to the suspension or limitation of any
operating certificate pursuant to paragraph one of this subdivision
where said suspension or limitation is the result of correctable phys-
ical plant, staffing or program deficiencies, the facility OR PROVIDER
OF SERVICES may request the office to [reinspect] REVIEW the facility OR
PROVIDER OF SERVICES to redetermine whether a physical plant, staffing
or program deficiency continues to exist. After the receipt of such a
request, the office shall [reinspect] REVIEW the facility OR PROVIDER OF
SERVICES within ten days and in the event that the previously found
physical plant, staffing or program deficiency has been corrected, the
suspension or limitation shall be withdrawn. If the physical plant,
staffing or program deficiency has not been corrected, the commissioner
shall not thereafter be required to [reinspect] REVIEW the facility OR
PROVIDER OF SERVICES during the emergency period of suspension or limi-
tation.
(3) During the sixty day suspension or limitation period provided for
in paragraph one of this subdivision the commissioner shall determine
whether to reinstate or remove the limitations on the facility's OR
PROVIDER OF SERVICES' operating certificate or to revoke, suspend or
limit the operating certificate pursuant to subdivision (a) of this
S. 2008--B 63 A. 3008--B
section. Should the commissioner choose to revoke, suspend or limit the
operating certificate, then the emergency suspension or limitation
provided for in this subdivision shall remain in effect pending the
outcome of an administrative hearing on the revocation, suspension or
limitation.
(4) The facility operator OR PROVIDER OF SERVICES, within ten days of
the date when the emergency suspension or limitation pursuant to para-
graph one of this subdivision is first imposed, may request an evidenti-
ary hearing to contest the validity of the emergency suspension or limi-
tation. Such an evidentiary hearing shall commence within ten days of
the facility operator's OR PROVIDER'S request and no request for an
adjournment shall be granted without the concurrence of the facility
operator OR PROVIDER OF SERVICE, office for people with developmental
disabilities, and the hearing officer. The evidentiary hearing shall be
limited to those violations of federal and state law and regulations
that existed at the time of the emergency suspension or limitation and
which gave rise to the emergency suspension or limitation. The emergency
suspension or limitation shall be upheld upon a determination that the
office for people with developmental disabilities had reasonable cause
to believe that a [client's] INDIVIDUAL'S health or safety was in immi-
nent danger. A record of such hearing shall be made available to the
facility operator OR PROVIDER OF SERVICE upon request. Should the
commissioner determine to revoke, suspend or limit [the facility's] AN
operating certificate pursuant to subdivision (a) of this section, no
administrative hearing on that action shall commence prior to the
conclusion of the evidentiary hearing. The commissioner shall issue a
ruling within ten days after the receipt of the hearing officer's
report.
(c) When the holder of an operating certificate shall request an
opportunity to be heard, the commissioner shall fix a time and place for
the hearing. A copy of the charges, together with the notice of the time
and place of the hearing, shall be served in person or mailed by regis-
tered or certified mail to the facility OR PROVIDER OF SERVICES at least
ten days before the date fixed for the hearing. The facility OR PROVIDER
OF SERVICES shall file with the office, not less than three days prior
to the hearing, a written answer to the charges.
(d) (1) When a hearing must be afforded pursuant to this section or
other provisions of this article, the commissioner, acting as hearing
officer, or any person designated by him OR HER as hearing officer,
shall have power to:
a. administer oaths and affirmations;
b. issue subpoenas, which shall be regulated by the civil practice law
and rules;
c. take testimony; or
d. control the conduct of the hearing.
(2) The rules of evidence observed by courts need not be observed
except that the rules of privilege recognized by law shall be respected.
Irrelevant or unduly repetitious evidence may be excluded.
(3) All parties shall have the right of counsel and be afforded an
opportunity to present evidence and cross-examine witnesses.
(4) If evidence at the hearing relates to the identity, condition, or
clinical record of [a client] AN INDIVIDUAL, the hearing officer may
exclude all persons from the room except parties to the proceeding,
their counsel and the witness. The record of such proceeding shall not
be available to anyone outside the office, other than a party to the
proceeding or his counsel, except by order of a court of record.
S. 2008--B 64 A. 3008--B
(5) The commissioner may establish regulations to govern the hearing
procedure and the process of determination of the proceeding.
(6) The commissioner shall issue a ruling within ten days after the
termination of the hearing or, if a hearing officer has been designated,
within ten days from the hearing officer's report.
(e) All orders or determinations hereunder shall be subject to review
as provided in article seventy-eight of the civil practice law and
rules.
(f) (1) Except as provided in paragraph two of this subdivision,
anything contained in this section to the contrary notwithstanding, an
operating certificate of a facility OR PROVIDER OF SERVICE shall be
revoked upon a finding by the office that any individual, member of a
partnership or shareholder of a corporation to whom or to which an oper-
ating certificate has been issued, has been convicted of a class A, B or
C felony or a felony related in any way to any activity or program
subject to the regulations, supervision, or administration of the office
or of the office of temporary and disability assistance, the department
of health, or another office of the department of mental hygiene, or in
violation of the public officers law in a court of competent jurisdic-
tion of the state, or in a court in another jurisdiction for an act
which would have been a class A, B or C felony in this state or a felony
in any way related to any activity or program which would be subject to
the regulations, supervision, or administration of the office or of the
office of temporary and disability assistance, the department of health,
or another office of the department of mental hygiene, or for an act
which would be in violation of the public officers law. The commissioner
shall not revoke or limit the operating certificate of any facility OR
PROVIDER OF SERVICE, solely because of the conviction, whether in the
courts of this state or in the courts of another jurisdiction, more than
ten years prior to the effective date of such revocation or limitation,
of any person of a felony, or what would amount to a felony if committed
within the state, unless the commissioner makes a determination that
such conviction was related to an activity or program subject to the
regulations, supervision, and administration of the office or of the
office of temporary and disability assistance, the department of health,
or another office of the department of mental hygiene, or in violation
of the public officers law.
(2) In the event one or more members of a partnership or shareholders
of a corporation shall have been convicted of a felony as described in
paragraph one of this subdivision, the commissioner shall, in addition
to his OR HER other powers, limit the existing operating certificate of
such partnership or corporation so that it shall apply only to the
remaining partner or shareholders, as the case may be, provided that
every such convicted person immediately and completely ceases and with-
draws from participation in the management and operation of the facility
OR PROVIDER OF SERVICES and further provided that a change of ownership
or transfer of stock is completed without delay, and provided that such
partnership or corporation shall immediately reapply for a certificate
of operation pursuant to subdivision (a) of section 16.05 of this arti-
cle.
(g) The commissioner may impose a fine upon a finding that the holder
of the certificate has failed to comply with the terms of the operating
certificate or with the provisions of any applicable statute, rule or
regulation. The maximum amount of such fine shall be one thousand
dollars per day or fifteen thousand dollars per violation.
S. 2008--B 65 A. 3008--B
Such penalty may be recovered by an action brought by the commissioner
in any court of competent jurisdiction.
Such penalty may be released or compromised by the commissioner before
the matter has been referred to the attorney general. Any such penalty
may be released or compromised and any action commenced to recover the
same may be settled or discontinued by the attorney general with the
consent of the commissioner.
(h) Where a proceeding has been brought pursuant to section 16.27 of
this article, and a receiver appointed pursuant thereto, the commission-
er may assume operation of the facility subject to such receivership,
upon termination of such receivership, and upon showing to the court
having jurisdiction over such receivership that no voluntary associ-
ation, not-for-profit corporation or other appropriate provider is will-
ing to assume operation of the facility subject to receivership and is
capable of meeting the requirements of this article; provided that the
commissioner notifies the chairman of the assembly ways and means
committee, the chairman of the senate finance committee and the director
of the budget of his intention to assume operation of such facility upon
service of the order to show cause upon the owner or operator of the
facility, pursuant to subdivision (b) of section 16.27 of this article.
S 13. Paragraph 5 of subdivision (a) of section 16.29 of the mental
hygiene law, as amended by section 9 of part C of chapter 501 of the
laws of 2012, is amended to read as follows:
(5) removing a service recipient when it is determined that there is a
risk to such person if he or she continues to remain in a facility OR
SERVICE PROGRAM; and
S 14. Paragraph (ii) of subdivision (c) of section 16.29 of the mental
hygiene law, as amended by section 9 of part C of chapter 501 of the
laws of 2012, is amended to read as follows:
(ii) development and implementation of a plan of prevention and reme-
diation, in the event an investigation of a report of an alleged report-
able incident exists and such reportable incident may be attributed in
whole or in part to noncompliance by the facility OR PROVIDER OF
SERVICES with the provisions of this chapter or regulations of the
office applicable to the operation of such facility OR PROVIDER OF
SERVICES. Any plan of prevention and remediation required to be devel-
oped pursuant to this subdivision by a facility supervised by the office
shall be submitted to and approved by such office in accordance with
time limits established by regulations of such office. Implementation of
the plan shall be monitored by such office. In reviewing the continued
qualifications of a residential facility OR PROVIDER OF SERVICES or
program for an operating certificate, the office shall evaluate such
facility's OR PROVIDER OF SERVICE'S compliance with plans of prevention
and remediation developed and implemented pursuant to this subdivision.
S 14-a. Section 366 of the social services law is amended by adding a
new subdivision 7-b to read as follows:
7-B. SERVICES AND NEEDS ASSESSMENT. THE ASSESSMENT COMPLETED PURSUANT
TO SUBDIVISION SEVEN-A OF THIS SECTION SHALL BE BASED UPON A VALID AND
RELIABLE ASSESSMENT TOOL. THE ASSESSMENT SHALL ALSO INCLUDE AN EVALU-
ATION OF THE INDIVIDUAL'S HOME ENVIRONMENT, INCLUDING BUT NOT LIMITED
TO, THE ABILITY OF FAMILY AND/OR CAREGIVERS TO PROVIDE SUPPORTS OUTSIDE
OF THOSE WITHIN THE WAIVER, INCLUDING BUT NOT LIMITED TO, ACTIVITIES OF
DAILY LIVING.
S 15. This act shall take effect immediately.
PART NN
S. 2008--B 66 A. 3008--B
Section 1. Subdivision (a) of section 41.35 of the mental hygiene law,
as amended by chapter 658 of the laws of 1977, is amended to read as
follows:
(a) The commissioners of the offices in the department shall cause to
be developed plans for three or more time-limited demonstration
programs, the purpose of which shall be to test and evaluate new methods
or arrangements for organizing, financing, staffing and providing
services for the mentally disabled in order to determine the desirabil-
ity of such methods or arrangements. Subject to regulations established
by the commissioners and notwithstanding SECTION ONE HUNDRED SIXTY-THREE
OF THE STATE FINANCE LAW AND SECTION ONE HUNDRED FORTY-TWO OF THE
ECONOMIC DEVELOPMENT LAW, OR any other provision of law, such programs
may include but shall not be limited to comprehensive organizational
structures to serve all mentally disabled persons within the purview of
a local governmental unit, innovative financing and staffing arrange-
ments and specific programs to serve the mentally disabled. Such demon-
stration programs shall be consistent with established statewide goals
and objectives and local comprehensive plans, shall be developed in
conjunction with the local comprehensive planning process, and shall be
submitted to the single agent jointly designated by the commissioners of
the department for review and approval by the commissioner or commis-
sioners having jurisdiction of the services.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed March 31, 2018.
PART OO
Section 1. Subdivisions (a), (b), (c), (d), (e), (f), (g), (h), (i),
(j), (k), (l), (m) and (o) of section 41.36 of the mental hygiene law
are REPEALED.
S 2. Subdivision (n) of section 41.36 of the mental hygiene law, as
amended by chapter 525 of the laws of 1985, is amended to read as
follows:
[(n)] The commissioner OF DEVELOPMENTAL DISABILITIES shall establish a
procedure, subject to the approval of the state comptroller, whereby
payments in addition to the [client's] personal allowance OF AN INDIVID-
UAL LIVING IN A COMMUNITY RESIDENTIAL FACILITY may be made to providers
of services for one or more of the following needs of [clients] INDIVID-
UALS residing in such facilities, limited to two hundred fifty dollars
per [client] INDIVIDUAL per year and paid semi-annually in the manner
specified by such procedures:
[1.] (A) Replacement of necessary clothing;
[2.] (B) Personal requirements and incidental needs of [clients] INDI-
VIDUALS RESIDING IN THE FACILITY;
[3.] (C) Recreational and cultural activities of [clients] INDIVIDUALS
RESIDING IN THE FACILITY. Such payments may be made from monies appro-
priated to the office for this purpose. Such payments shall be audited
by the office pursuant to an audit plan approved by the comptroller.
S 3. Section 43.02 of the mental hygiene law, as amended by chapter
168 of the laws of 2010, is amended to read as follows:
S 43.02 Rates or methods of payment for services at facilities subject
to licensure or certification by the office of mental health,
the office for people with developmental disabilities or the
office of alcoholism and substance abuse services.
(a) Notwithstanding any inconsistent provision of law, payment made by
government agencies pursuant to title eleven of article five of the
S. 2008--B 67 A. 3008--B
social services law for services provided by any facility licensed by
the office of mental health pursuant to article thirty-one of this chap-
ter [or licensed or operated by the office for people with developmental
disabilities pursuant to article sixteen of this chapter] or certified
by the office of alcoholism and substance abuse services pursuant to
this chapter to provide inpatient chemical dependence services, as
defined in section 1.03 of this chapter, shall be at rates or fees
certified by the commissioner of the respective office and approved by
the director of the division of the budget, provided, however, the
commissioner of mental health shall annually certify such rates or fees
which may vary for distinct geographical areas of the state and,
provided, further, that rates or fees for service for inpatient psychi-
atric services or inpatient chemical dependence services, at hospitals
otherwise licensed pursuant to article twenty-eight of the public health
law shall be established in accordance with section two thousand eight
hundred seven of the public health law AND, PROVIDED, FURTHER, THAT
RATES OR FEES FOR SERVICES PROVIDED BY ANY FACILITY OR PROGRAM LICENSED,
OPERATED OR APPROVED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
BILITIES, SHALL BE CERTIFIED BY THE COMMISSIONER OF HEALTH; PROVIDED,
HOWEVER, THAT SUCH METHODOLOGIES SHALL BE SUBJECT TO APPROVAL BY THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND SHALL TAKE INTO
ACCOUNT THE POLICIES AND GOALS OF SUCH OFFICE.
(b) Operators of facilities licensed by the office of mental health
pursuant to article thirty-one of this chapter, licensed by the office
for people with developmental disabilities pursuant to article sixteen
of this chapter or certified by the office of alcoholism and substance
abuse services pursuant to this chapter to provide inpatient chemical
dependence services shall provide to the commissioner of the respective
office such financial, statistical and program information as the
commissioner may determine to be necessary. The commissioner of the
appropriate office shall have the power to conduct on-site audits of
books and records of such facilities.
(c) The commissioner of the office of mental health, the commissioner
of the office for people with developmental disabilities and the commis-
sioner of the office of alcoholism and substance abuse services shall
adopt rules and regulations to effectuate the provisions of this
section. Such rules and regulations shall include, but not be limited
to, provisions relating to:
(i) the establishment of a uniform statewide system of reports and
audits relating to the quality of care provided, facility utilization
and costs of providing services; such a uniform statewide system may
provide for appropriate variation in the application of the system to
different classes or subclasses of facilities licensed by the office of
mental health pursuant to article thirty-one of this chapter or licensed
or operated by the office for people with developmental disabilities
pursuant to article sixteen of this chapter, or certified by the office
of alcoholism and substance abuse services pursuant to this chapter to
provide inpatient chemical dependence services; and
(ii) methodologies used in the establishment of the schedules of rates
or fees pursuant to this section PROVIDED, HOWEVER, THAT THE COMMISSION-
ER OF HEALTH SHALL ADOPT RULES AND REGULATIONS INCLUDING METHODOLOGIES
DEVELOPED BY HIM OR HER FOR SERVICES PROVIDED BY ANY FACILITY OR PROGRAM
LICENSED, OPERATED OR APPROVED BY THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES; PROVIDED, HOWEVER, THAT SUCH RULES AND REGULATIONS
SHALL BE SUBJECT TO THE APPROVAL OF THE OFFICE FOR PEOPLE WITH DEVELOP-
S. 2008--B 68 A. 3008--B
MENTAL DISABILITIES AND SHALL TAKE INTO ACCOUNT THE POLICIES AND GOALS
OF SUCH OFFICE.
S 4. This act shall take effect immediately.
PART PP
Section 1. Transportation assessment for people with developmental
disabilities and other populations.
(a) The Office for People With Developmental Disabilities is author-
ized to contract with one or more entities, such entities shall be not-
for-profit entities to the extent possible, to conduct an assessment of
the mobility and transportation needs of persons with disabilities and
other special populations including but not limited to those receiving
behavioral health services.
(b) The assessment shall include, but not be limited to: the identifi-
cation of locally based transportation providers and transportation
systems equipped to participate in a possible pilot demonstration
program; considerations regarding the availability of public transporta-
tion, public safety concerns, and duplication of services; reporting
requirements for cost savings and evaluation of whether specialized care
needs are being met; recommendations for the implementation of shared
software to enable entities to track services, manage costs among
providers, consolidate routes and provide a registry identifying partic-
ipating clients and any specialized care needs that must be met in order
to effectively provide transportation; recommendations for rate adjust-
ments or reimbursement changes; and identification of any legal, statu-
tory or regulatory, and funding barriers.
(c) Following the assessment, the contractor shall develop recommenda-
tions regarding a pilot demonstration program to coordinate medical and
non-medical transportation services, maximize funding sources, enhance
community integration and any other related tasks.
(d) During the assessment process and in developing its recommenda-
tions, the contractor shall consult with the office, department of
transportation, department of health, office for the aging, office of
mental health, office of alcoholism and substance abuse services, and
stakeholders including consumer groups, transportation service providers
and transportation systems operators.
(e) The contractor shall report on its assessment and recommendations
regarding the creation of a transportation pilot demonstration program
pursuant to subdivision (a) of this section to the governor, the tempo-
rary president of the senate and the speaker of the assembly no later
than December 31, 2016. Any transportation pilot demonstration program
resulting from the assessment authorized pursuant to this section shall
be subject to legislative approval.
S 2. This act shall take effect immediately.
PART QQ
Section 1. Residential registration list. (a) The office for people
with developmental disabilities shall issue a report as a result of its
statewide review of individuals with developmental disabilities current-
ly on the residential registration list, including information regarding
services currently provided to such individuals, and any available
regional information on priority placement approaches and housing needs
for such individuals. The report shall include an update as to the
progress the office has made in meeting the following transformational
S. 2008--B 69 A. 3008--B
housing goals as it relates to the individuals with developmental disa-
bilities currently on the residential registration list:
(1) expanding housing alternatives;
(2) increasing access to rental housing;
(3) building understanding and awareness of housing options for inde-
pendent living among people with developmental disabilities, families,
public and private organizations, developers and direct support profes-
sionals;
(4) assisting with the creation of a sustainable living environment
through funding for home modifications, down payment assistance and home
repairs; and
(5) providing recommendations that can improve housing alternatives.
(b) Using data collected during the statewide review required by this
section, the commissioner of the office for people with developmental
disabilities, in consultation with state agencies, local governmental
units, stakeholders, including individuals with developmental disabili-
ties, parents and guardians of individuals with developmental disabili-
ties, advocates and providers of services for individuals with develop-
mental disabilities, and others as determined appropriate by such
commissioner, shall establish a plan to increase housing alternatives
for such individuals. To the extent possible, the plan shall also
address the housing needs of individuals not currently on the residen-
tial registration list. The plan shall advance the five transformational
housing goals listed in this section.
(c) The report including the plan shall be made available to the
temporary president of the senate and the speaker of the assembly and
posted on the website of the office, no later than February 15, 2016.
S 2. Development of a plan to provide choice of work settings for
individuals with developmental disabilities. (a) The office for people
with developmental disabilities shall develop a plan to assist individ-
uals currently working in sheltered workshop programs to transition to
integrated community work settings, which must be submitted to the
governor, the temporary president of the senate, and the speaker of the
assembly by February 15, 2016.
(b) Such plan shall solicit and analyze input from stakeholders of
sheltered workshops, including, but not limited to, individuals current-
ly working in sheltered workshops, providers of workshops, families, and
guardians. The plan shall:
(1) include outreach and education to individuals with developmental
disabilities and their families or guardians throughout the transition
process;
(2) set forth a detailed analysis of options available to meet the
needs and goals of those individuals who currently cannot or choose not
to transition to integrated community work settings;
(3) maximize the ability of an individual to participate in meaningful
community-based activities as part of the individual's person-centered
plan; and
(4) provide for ongoing review of employment goals for each individual
as part of the person-centered planning process.
S 3. Transformation panel. (a) The commissioner of the office for
people with developmental disabilities shall establish a transformation
panel for the purpose of developing a transformation plan which will
include recommendations and strategies for maintaining the fiscal
viability of service and support delivery system for persons with devel-
opmental disabilities and include strategies that will enable the office
S. 2008--B 70 A. 3008--B
to comply with federal and state service delivery requirements and
provide appropriate levels of care.
(b) The panel shall be comprised of the commissioner of the office for
people with developmental disabilities or his or her designee; organiza-
tions or associations which represent the interests of persons with
disabilities, which may include providers of services, consumer repre-
sentatives, advocacy groups, persons with developmental disabilities or
their parents or guardians; and at the discretion of such commissioner
any other individual, entity, or state agency able to support the panel
in completing its tasks described under this section. The panel shall
collaborate with local governmental units.
(c) Panel members shall receive no compensation for their services as
members of the workgroup, but may be reimbursed for actual and necessary
expenses incurred in the performance of their duties.
(d) Transformation plan. The panel shall assist in the development of
a transformation plan by the commissioner of the office for people with
developmental disabilities, as well as make recommendations for the
execution of such plan. The plan will include but not be limited to an
analysis of the following:
(1) increasing and supporting access to self-directed models of care;
(2) enhancing opportunities for individuals to access community inte-
grated housing;
(3) increasing integrated employment opportunities; and
(4) examining the program design and fiscal model for managed care to
appropriately address the needs of individuals with disabilities.
(e) The commissioner of the office for people with developmental disa-
bilities shall publish and submit a report to the governor, the tempo-
rary president of the senate, and the speaker of the assembly by Febru-
ary 15, 2016. The office shall post such report on its official
website. The report shall include a summary of recommendations and stra-
tegies developed by the panel including any policy, rule, or regulation
change and estimated dates and timeframe to implement any recommendation
or strategy.
S 4. Office for people with developmental disabilities monthly
reports. (a) The commissioner of the office for people with develop-
mental disabilities shall provide monthly status reports to the chairs
of the senate and assembly fiscal committees. Such report shall include
but not be limited to:
(1) current developmental center census by facility;
(2) the number of admissions and discharges to developmental centers
in the prior month;
(3) an explanation of any significant developmental center census
reductions; and
(4) community services provided to individuals leaving developmental
centers, including services provided to individuals with complex needs
as well as the number of individuals receiving community services from
state and from not-for-profit providers.
(b) Such report shall not contain any information made confidential
under federal and/or state law.
S 5. The front door process. (a) The commissioner of the office for
people with developmental disabilities shall make available on the
office website, information regarding the front door process, including
the approach for determining priority residential placements and the
process for individuals to seek access to services.
(b) No later than February 15, 2016, the commissioner of the office
for people with developmental disabilities shall report on the extent to
S. 2008--B 71 A. 3008--B
which the front door policy, as it has been implemented, has improved
community education and available service options, connected individual
needs to available services, and enhanced opportunities for self-direc-
tion.
S 6. This act shall take effect immediately and shall be subject to
appropriations made specifically available for this purpose; provided,
however that this act shall expire and be deemed repealed April 1, 2016.
PART RR
Section 1. Section 1867 of the public authorities law is amended by
adding a new subdivision 7 to read as follows:
7. (A) THE AUTHORITY SHALL SUBMIT TO THE GOVERNOR, THE CHAIR OF THE
SENATE FINANCE COMMITTEE, AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE, AND PUBLISH ON THE AUTHORITY'S PUBLIC WEBSITE A SEMI-ANNUAL
REPORT FOR THE TIME PERIOD ENDING MARCH THIRTY-FIRST NO LATER THAN JUNE
FIRST AND FOR THE TIME PERIOD ENDING SEPTEMBER THIRTIETH NO LATER THAN
DECEMBER FIRST OF EACH YEAR DETAILING THE AUTHORITY'S ACTIVITIES FOR THE
PREVIOUS SIX MONTH REPORTING PERIOD.
(B) THE SEMI-ANNUAL REPORT REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION SHALL INCLUDE INFORMATION WITH RESPECT TO ALL PROCEEDS
COLLECTED AND ADMINISTERED BY THE AUTHORITY PURSUANT TO AN ORDER OF THE
PUBLIC SERVICE COMMISSION, INCLUDING ASSESSMENTS, FEES, TAXES, TRANS-
FERS, CORPORATE INCOME OR SURCHARGES IMPOSED ON ENERGY CONSUMERS OR
POWER GENERATORS. THE SEMI-ANNUAL REPORT SHALL INCLUDE, AT A MINIMUM,
THE FOLLOWING:
1. TOTAL REVENUES COLLECTED BY THE AUTHORITY IN THE REPORTING PERIOD;
2. A LIST OF REQUESTS FOR PROPOSALS, PROGRAM OPPORTUNITY NOTICES, OR
SIMILAR SOLICITATIONS, THAT HAVE BEEN ISSUED IN THE REPORTING PERIOD;
3. A DESCRIPTION OF THE CRITERIA AND STANDARDS UTILIZED FOR AWARDING A
REQUEST FOR PROPOSAL, A PROGRAM OPPORTUNITY NOTICE, OR SIMILAR SOLICITA-
TION;
4. A REGIONAL REPORT ON ALL PROJECTS SELECTED FOR FUNDING BY THE
AUTHORITY DURING THE REPORTING PERIOD, INCLUDING THE COUNTY AND UTILITY
SERVICE TERRITORY IN WHICH THE PROJECT IS LOCATED, AND THE TOTAL VALUE
OF THESE PROJECTS STATEWIDE AND BY REGION;
5. ALL DISBURSEMENTS OR EXPENDITURES OF REVENUES PURSUANT TO A REQUEST
FOR PROPOSAL, A PROGRAM OPPORTUNITY NOTICE, OR SIMILAR SOLICITATION; AND
6. A LIST OF ALL CONTRACTS EXECUTED AND COMPLETED DURING THE REPORTING
PERIOD INCLUDING A DESCRIPTION OF EACH PROJECT.
(C) THE PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE AUTHORITY SHALL
PROVIDE NOTICE TO THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE CHAIR-
MAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE OF ANY REPORT THAT IS MORE THAN SIXTY DAYS
DELINQUENT. SHOULD THE AUTHORITY BE DELINQUENT IN SUBMITTING ITS REPORT
BY MORE THAN ONE HUNDRED EIGHTY DAYS, THE PRESIDENT AND CHIEF EXECUTIVE
OFFICER SHALL PROVIDE NOTICE OF SUCH DELINQUENCY TO THE DIRECTOR OF THE
DIVISION OF THE BUDGET, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE,
THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, AND THE STATE
COMPTROLLER.
(D) REPORTING REQUIREMENTS. THE INFORMATION FOR THE REPORT REQUIRED
UNDER THIS SUBDIVISION SHALL BE CURRENT TO WITHIN SIXTY DAYS OF THE
ACTUAL RELEASE OF THE REPORT.
S 2. This act shall take effect immediately; provided, however, the
first semi-annual report required by this act shall be submitted by the
S. 2008--B 72 A. 3008--B
New York state energy research and development authority on December 1,
2015.
PART SS
Section 1. 1. No later than six months following the effective date of
this act, the New York state energy and research and development author-
ity ("authority") shall develop standards and/or criteria that will
encourage and increase participation of and issuance of loans to low-to-
moderate income households statewide for qualified energy efficiency
services under the green jobs - green New York program. For purposes of
this section, "low-to-moderate income households" shall be defined as
households with an income less than or equal to eighty percent of the
area median income.
2. No later than thirty days following the effective date of this act,
the authority shall convene a working group to develop the standards
and/or criteria required pursuant to subdivision one of this section.
The working group shall include individual representatives of the const-
ituency-based organizations as defined in subdivision 3 of section 1891
of the public authorities law. The authority shall consult with and
solicit information and recommendations from the working group as to how
to increase participation and issuance of loans to low-to-moderate
income households seeking qualified energy efficiency services including
services described in paragraph (n) of subdivision 12 of section 1891 of
the public authorities law.
3. No later than six months following the effective date of this act,
the authority shall report the results of consultations with and solic-
itations of the working group to the governor, the senate majority lead-
er and the speaker of the assembly.
4. The authority shall continue to offer financing, pursuant to
section 1896 of the public authorities law, through the green jobs -
green New York program for qualified energy efficiency services to all
classes and types of persons and entities which were eligible to apply
for the program prior to January 1, 2015 through March 31, 2016.
5. No later than thirty days following the effective date of this act,
the authority shall provide a report to the executive, temporary presi-
dent of the senate, speaker of the assembly, the chair of the senate
committee on energy and telecommunications and the chair of the assemble
committee on energy regarding the financial status of the green jobs -
green New York program. The report required under this subdivision shall
detail the current fund balance, total expenditures, and encumbered and
committed funds since the program's inception.
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-
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 SS of this act shall be
as specifically set forth in the last section of such Parts.
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