S2810B-2011 Actions

• Mar 31, 2011: SIGNED CHAP.60
• Mar 30, 2011: DELIVERED TO GOVERNOR
• Mar 29, 2011: returned to senate
• Mar 29, 2011: passed assembly
• Mar 29, 2011: message of necessity - 3 day message
• Mar 29, 2011: ordered to third reading rules cal.10
• Mar 29, 2011: substituted for a4010c
• Mar 29, 2011: referred to ways and means
• Mar 29, 2011: DELIVERED TO ASSEMBLY
• Mar 29, 2011: PASSED SENATE
• Mar 29, 2011: MESSAGE OF NECESSITY
• Mar 29, 2011: ORDERED TO THIRD READING CAL.277
• Mar 29, 2011: PRINT NUMBER 2810C
• Mar 29, 2011: AMEND (T) AND RECOMMIT TO FINANCE
• Mar 12, 2011: PRINT NUMBER 2810B
• Mar 12, 2011: AMEND (T) AND RECOMMIT TO FINANCE
• Feb 25, 2011: PRINT NUMBER 2810A
• Feb 25, 2011: AMEND (T) AND RECOMMIT TO FINANCE
• Feb 1, 2011: REFERRED TO FINANCE

S2810B-2011 Memo

BILL NUMBER:S2810B

TITLE OF BILL:
An act
to authorize funding for the Consolidated Local Street and Highway
Improvement Program (CHIPS) and Marchiselli program for state fiscal
year 2011-2012 and to amend chapter 329 of the laws of 1991, amending
the state finance law and other laws relating to the establishment of the
dedicated highway and bridge trust fund; and providing for the repeal of
certain provisions upon expiration thereof (Part A);
to amend chapter 279 of the laws of 1998 amending the transportation law
relating to enabling the commissioner of transportation to establish a
single audit pilot program, in relation to making such provisions
permanent (Part B);
to amend chapter 312 of the laws of 1994, amending the vehicle and
traffic law relating to suspensions of licenses pending prosecution of
certain alcohol-related charges, and authorizations for probationary and
conditional drivers' licenses, in
relation to the effectiveness thereof (Part C);
to amend chapter 533 of the laws of 1993, amending the vehicle and
traffic law and the correction law relating to suspension and revocation
of driver's licenses upon conviction of certain drug-related offenses,
in relation to the effectiveness thereof (Part D);
to amend chapter 569 of the laws of 1981, amending the vehicle and
traffic law relating to motor vehicle liability insurance, financial
security, criminal acts and penalties for non-compliance, in relation to
making provisions permanent; and
to amend chapter 781 of the laws
of 1983, amending the vehicle and traffic law and other laws relating to
motor vehicle liability insurance, financial security, criminal acts and
certain penalties for non-compliance, in relation to making
provisions permanent (Part E);
to amend the vehicle and traffic law and the criminal procedure law, in
relation to governing operators of commercial motor vehicles and federal
requirements for medical certification pertaining to such operators
(Part F);
to amend chapter 393 of the laws of 1994 amending the New York state
urban development corporation act, relating to the powers of the New
York state urban development corporation to make loans, in relation to
the effectiveness thereof (Part G);
to amend the state finance law, in relation to the excelsior linked
deposit act (Part H);
to amend part U of chapter 57 of the laws of 2005
amending the labor law and other laws implementing the state fiscal plan
for the 2005-2006 state fiscal year,
relating to New York
state higher education matching grant program for independent colleges,
in relation to the
effectiveness thereof (Part I);
to amend the public authorities law, in relation to the state
governmental cost recovery system;
and to repeal section 2975-a of such law
relating thereto (Part J);
to amend the executive law, in relation to the community services block
grant program; and to amend chapter 728 of the laws of 1982 and chapter
710 of the laws of 1983, amending the executive law relating to
community services block grant programs, in relation to the


effectiveness thereof (Part K);
to amend chapter 21 of the laws of 2003, amending the executive law
relating to permitting the secretary of state to provide special handling
for all documents filed or issued by the division of corporations and to
permit additional levels of such expedited service, in relation to the
effectiveness thereof (Part L);
Intentionally omitted
(Part M);
Intentionally omitted (Part N);
to amend
the executive law, the economic development law and the state
administrative procedure act, in relation to the removal of statutory
references to the governor's office of regulatory reform; and to repeal
subdivision 8 of section 202-b of the state administrative procedure
act, relating thereto (Part O);
to authorize and direct the New York state energy research and
development authority to make a payment to the general fund of up to
$913,000 (Part P);
to authorize the New York State Energy Research and Development
Authority to finance a portion of its research, development and
demonstration and policy and planning programs from assessments on gas
and electric corporations (Part Q);
to authorize the department of health to finance certain activities with
revenues generated from an assessment on cable television companies
(Part R);
to amend the environmental conservation law and chapter 67 of the laws
of 1992 amending the environmental conservation law relating to
pesticide product registration timetables and fees, in relation to
pesticide registration time frames and fees (Part S);
Intentionally omitted (Part T);
to amend the New York state urban development corporation act,
in relation
to the healthy food/communities initiative; to amend the agriculture and
markets law, in relation to authorizing the establishment of a revolving
loan fund; and to amend the agriculture and markets law, in relation to
state aid for farmers' markets (Part U);
Intentionally omitted (Part V);
to amend the state finance law, in relation to the transfer of tribal
compact revenue to the general fund and to the city of Niagara Falls
(Part W);
Intentionally omitted (Part X);
to amend the general business law, in relation to increasing the term of
licensure and registration from two to four years (Part Y);
to amend the real property tax law, the general municipal law, the
public officers law, the tax law and the
administrative code of the city of New York,
in relation to establishing
standards for electronic
real property tax administration, allowing the department of taxation
and finance to use electronic communication means to furnish tax notices
and other documents, and mandatory
electronic filing of tax documents
(Part Z);
to amend the transportation law, in relation to airport improvement and
revitalization (Part AA);
to amend the transportation law, in relation to requiring sign
properties, in cities having a population of one million or more, to be


licensed by the department of transportation (Part BB);
to amend the environmental conservation law, in relation to the amount
of sulfur content that may be in heating oil and the effective date for
sulfur reductions (Part CC);
to amend the environmental conservation law,
in relation to bottle collection and recycling (Part DD);
directing the
power authority of the state of New York
to release requests for proposals
on certain natural gas powered generating facilities in and around New
York city (Part EE);
to amend the environmental conservation law, in
relation to establishing
a registration system for saltwater recreational fishing; and to repeal
part LL of chapter 59 of the laws of 2009 amending the environmental
conservation law, relating to recreational marine fishing licenses,
relating thereto (Part FF);
to amend the environmental conservation law, in relation to the use of
ultra low sulfur diesel fuel and best available technology by the state
(Part GG);
to amend the public authorities law, in relation to directing the
metropolitan transportation authority
to contract for the provision of an
independent forensic audit of such authority; and providing for the
repeal of such provisions upon the expiration thereof (Part HH); and
to amend the public service law, in relation to authority of the public
service commission over services of a telephone corporation or cable
television company (Part II)

SUMMARY:
Part A - Provide the annual authorization for the
Consolidated Local Street and Highway Improvement Program (CIDPS) and
Marchiselli programs.
The Senate concurs with the Executive's proposal to provide annual
authorization for the Consolidated Highway Improvement Program
(CHIPS) at $363.1 million and for the Marchiselli program at $39.7
million, for a total of $402.8 million. The Senate also concurs with
the Executive's proposal to permit CHIPS funding to be used for four
specific road resurfacing options until March 31, 2012.

Part B - Permanently extend Department of Transportation Single Audit
Program.
The Senate concurs with the Executive's proposal to make permanent the
Single Audit Program, which was first established in 1998.

Part C - Permanently extend suspension of drivers' licenses for
certain alcohol-related charges.
The Senate concurs with the Executive's proposal to make permanent
provisions of New York law that impose penalties required by Federal
law for driving while intoxicated.

Part D - Permanently extend suspension/revocation of drivers' licenses
for certain drug-related offenses.
The Senate concurs with the Executive's proposal to make permanent
provisions of New York law that impose penalties required by Federal
law for drug-related convictions.


Part E - Make permanent provisions relating to the Motor Vehicle
Financial Security Act.
The Senate concurs with the Executive's
proposal to make permanent certain provisions relating to the Motor
Vehicle Financial Security Act, which require motorists to maintain
vehicle insurance at all times as well as the related fines and
penalties for noncompliance.

Part F - Conform the Vehicle and Traffic Law to Federal requirements,
governing operators of commercial motor vehicles and medical
certification requirements.
The Senate concurs with the Executive's proposal to conform New York
law to Federal requirements governing commercial motor vehicle
operators and medical certification requirements pertaining to such
operators.

Part G - Make permanent the general loan powers of the New York State
Urban Development Corporation.
The Senate amends the Executive proposal to permanently authorize ESDC
to issue loans for economic development projects; extending this
authorization for one year.

Part H - Modify the Linked Deposit Program to increase the lifetime
maximum per eligible business from $1 million to $2 million.
The Senate concurs with the Executive's proposal to expand the state
linked deposit program to increase both the lifetime and individual
loan cap amount from $1 million to $2 million. The Assembly also
accepted the Executive's proposal.

Part I - Extend the New York State Higher Education Capital Matching
Grant Program.
The Senate concurs with the Executive's proposal to extend the HESC
matching grant program.

Part J - Clarify the State Governmental Cost Recovery System.
The Senate accepts the Executive's proposal to increase from $55
million to $60 million the cost recovery by the state from public
authorities. The Senate further accepted the Executive's proposal to
repeal such cost recovery from Industrial Development Agencies (the
IDA tax). The Senate separately has passed legislation which would
retroactively repeal the tax, and urges that this proposal be
expanded to encompass such a proposal.

Part K - Permanently establish the distribution formula for the
Community Services Block Grant Program.
The Senate concurs in the Executive proposal.

Part L - Permanently establish the authority of the Secretary of State
to charge increased fees for expedited handling of documents.
The Senate concurs in the Executive's proposal as allowing expedited
service for filing is a benefit to many users of the Secretary of
State's services.

Part M - Dissolve the Tug Hill Commission.
The Senate denies the Executive's proposal to dissolve the Tug Hill
Commission.


Part N - Eliminate the salary for the Chair of the State Athletic
Commission.
The Senate denies the Executive's proposal to eliminate the salary for
the Chair of the State Athletic Commission.

Part 0 - Eliminate statutory references to the Governor's Office of
Regulatory Reform.
The Senate amends the Executive's proposal to eliminate statutory
references to the Governor's Office of Regulatory Reform by allowing
the deletion of references, but precludes the ability to transfer
open positions from the Governor's Office of Regulatory Reform to the
Division of Budget.

Part P - Authorize and direct the Comptroller to receive for deposit
to the credit of the General Fund a payment of up to $913,000 from
the New York State Energy Research and Development Authority.
The Senate concurs with the Executive's proposal to transfer $913,000
from the Unrestricted Corporate Funds of the Authority to the General
Fund to offset New York State's debt service requirements related to
the Western New York Nuclear Service Center.

Part Q - Authorize the New York State Energy Research and Development
Authority to finance a portion of its research, development and
demonstration, and policy and planning programs, and to
finance the Department of Environmental Conservation climate change
program, from assessments on gas and electric corporations.
The Senate accepts the Executive's proposal to finance a portion of
the Authority's research, development and demonstration, and policy
and planning programs, and to finance the Department of Environmental
Conservation's Climate Change Program, through an annual assessment
on gas and electric corporations.

Part R - Authorize the Department of Health to finance certain
activities with revenues generated from an assessment on cable
television companies.
The Senate accepts the Executive's proposal to make the Department of
Health's public service education expenses eligible for funding from
the Department of Public Service's assessment on cable television
companies.

Part S - Make permanent the current time frames for review of
pesticide product registration applications and pesticide product
registration fees.
The Senate amends the Executive's proposal to make the current time
frames and fee structure for the review of pesticide product
registration applications permanent by instead extending the
registration fee for a period of three years beginning on July 1, 2011
and ending on July 1, 2014.

Part T - Authorize the Commissioner of Agriculture and Markets to
establish a competitive grants program to fund agricultural research,
marketing and education initiatives.
The Senate denies the Executive's proposal to authorize the
Commissioner of Agriculture and Markets to establish a competitive
grants program for agricultural research, marketing and education
initiatives.


Part U - Implement key components of the Governor's Share NY Food
initiative.
The Senate accepts the Executive's proposal to establish the "Share NY
Food" initiative that would utilize available funds from the Upstate
Agricultural Economic Development Fund, as well as federal funds, to
improve farmers' market functions and expand access to fresh produce
in underserved areas.

Part V - Repeal Article 4-A of the Navigation Law regarding
reimbursements paid to certain governmental entities.
The Senate denies the Executive proposal to eliminate reimbursements
paid to local governments that voluntarily implement various boating
enforcement and safety programs under Article 4-A of the Navigation
Law.

Part W - Facilitate an efficient transfer of Tribal State Compact
Revenue to the General Fund and make a technical correction to the
distribution of the local share of such revenues associated with the
Niagara Falls Casino.
The Senate concurs in the Executive's proposal to alter the local
distribution of casino revenues.

Part X - Establish a surcharge on purses at harness and thoroughbred
racetracks.
The Senate denies the Executive proposal to establish a surcharge on
purses on New York races.

Part Y - Extend the renewal period for certain disciplines licensed by
the Department of State.
The Senate concurs in the Executive proposal to increase the time
periods between licensure for certain disciplines.

Part Z - Authorize the Tax Modernization Project.
The Senate amends the Executive's proposal regarding Electronic Real
Property Tax Administration by allowing local governments the
discretion to opt into the program and requiring the commissioner of
taxation and finance to seek approval from the legislature for the
new parcel based e-government data system after submitting estimated
expenditures associated with the implementation and administration of
such a system.

* The Senate denies the Executive's proposal to mandate individuals to
e-file personal income tax returns if the individuals prepare their
taxes using tax preparation software.
* The Senate amends the Executive's proposal regarding tax preparer
e-file requirements to align with Federal law requiring tax preparers
to e-file when they prepare more than ten tax filings. The Senate
denies the Executive's proposal to increase fees on tax preparers for
violations of e-file requirements.
* The Senate accepts the Executive's proposal to permit the Department
of Taxation and Finance to use secure electronic means to deliver
documents to account holders who agree to receive electronic
communications.
* The Senate denies the Executive's proposal would allow the
Department of Taxation and Finance to require the use of a certified
sales tax transaction system for any sales tax vendor, who files


quarterly or monthly, that files their taxes incorrectly or does not
pay their full liability.
* The Senate denies the Executive's proposal concerning abandoned
property amendments for tax refund debit cards.

Part AA - Authorizes transfer of funds for airport improvement and
revitalization.
The Senate advances legislation to allow municipal and
private airports to receive, with the Division of the Budget's
approval, up to $4 million in unused, existing aviation funding. This
authority has been included in previous enacted budgets.

Part BB - Requires the licensure by the department of transportation
of sign properties in cities of one million or more.
The Senate
advances legislation to require that outdoor advertising in New York
City be licensed by the New York State Department of Transportation.
This would provide the State with $15 million in additional General
Fund revenues.

Part CC - Extends the date for reducing the amount of sulfur in
heating oil.
The Senate advances legislation to extend the timeframe
established by Chapter 203 of the Laws of 2010 for requiring that all
number two heating oil sold for use in residential, commercial, or
industrial heating within the State shall have a sulfur content no
greater than fifteen parts per million from July 1, 2012 to July
1, 2014.

Part DD - Alters state law with respect to bottle collection and
recycling.
The Senate advances legislation to mend the New York State
Returnable Container Act (Bottle Bill) to clarify and streamline the
responsibilities of deposit initiators, redemption centers and
dealers (retailers) in order to increase the accuracy of container
counts, and to make the operation of the bottle and can redemption
system less labor intensive and more cost effective; and replaces the
current "refund value account" and corresponding reporting mandates
with a less onerous system of accounting for both the Department of
Taxation and Finance and bottle initiators.

Part EE - Directs the power authority to release an RFP for certain
natural gas powered generating facilities in and around New York city.
The Senate advances legislation to direct the New York Power
Authority to issue a request for proposals to purchase from the
Authority one or more of its ten gas turbine electric generating
facilities with a nameplate capacity of less than 80 MW located in
and around the City of New York. By March 31, 2012, the Authority
would report to ,the Governor and the Legislature on the range of
solicited bids and the estimated amount of revenue that could be
collected from the sale of these facilities, however the Authority
would not be authorized to effectuate such sale until authorized by
law.

Part FF - Establishes a registration system for saltwater recreational
fishing and repeal licensing fees Marine Fishing License Repealer.


The Senate advances legislation to repeal Part LL of Chapter 59 of the
Laws of 2009, which established the recreational marine fishing
license; establishes a free registration system for saltwater
recreational fishing in compliance with the federal Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act; provides
reciprocity for anglers licensed or registered in adjacent states who
fish on New York's marine boundary waters; and refunds the amount
paid by any person who purchased a lifetime recreational marine
fishing license less the established fee for a single license season.

Part GG - Alters the requirements with respect to Ultra Low Sulfur
Diesel engines.
The Senate advances legislation to Extends the time
period of compliance for retrofitting heavy-duty diesel vehicles
owned by State agencies or public authorities, as well as
contractors, subcontractors and material suppliers who work on public
job sites, with best available retrofit technology pursuant to the
Diesel Emissions Reduction Act (DERA) of 2006 from December 31, 2010
to December 31, 2014.

Part HH - Directs the MTA to contract for an independent forensic
audit.
The Senate advances legislation to require the Metropolitan
Transit Authority to hire a certified public accounting firm within
60 days to conduct a forensic audit of the authority.

Part II - Clarifies the authority of the public service commission
with respect to voice over internet protocol.
The Senate advances
legislation to clarify that the Public Service Commission has
jurisdiction over telecommunications services, but the Commission
shall have no authority over any service, class of services or
technology offered or used by a telephone corporation or a cable
television company, such as Voice over Internet Protocol (VoIP) or
Internet Protocol (IP) - enabled services, that the Commission did
not actively regulate as of January 1, 2011; and provides that the
Commission shall not prohibit, require or otherwise direct any
entity's choice of technology for any purpose.

JUSTIFICATION:
This law enacts major components of legislation
necessary to implement the transportation, economic development and
environmental conservation budget for the 2011-2012 state fiscal plan.

EFFECTIVE DATE:
As laid out in the specific component parts.

S2810B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2810--B
 I N  SENATE
 February 1, 2011
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
 the Constitution -- read twice and ordered printed, and  when  printed
 to  be  committed to the Committee on Finance -- committee discharged,
 bill amended, ordered reprinted as amended  and  recommitted  to  said
 committee  -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee
 

AN ACT to authorize funding for the Consolidated Local Street and  High
 way  Improvement  Program  (CHIPS)  and  Marchiselli program for state
 fiscal year 2011-2012 and to amend chapter 329 of the  laws  of  1991,
 amending  the  state finance law and other laws relating to the estab
 lishment of the dedicated highway and bridge trust fund; and providing
 for the repeal of certain provisions upon expiration thereof (Part A);
 to amend chapter 279 of the laws of 1998 amending  the  transportation
 law  relating to enabling the commissioner of transportation to estab
 lish a  single  audit  pilot  program,  in  relation  to  making  such
 provisions  permanent  (Part  B);  to amend chapter 312 of the laws of
 1994, amending the vehicle and traffic law relating to suspensions  of
 licenses  pending  prosecution of certain alcohol-related charges, and
 authorizations for probationary and conditional drivers' licenses,  in
 relation  to  the effectiveness thereof (Part C); to amend chapter 533
 of the laws of 1993, amending the vehicle  and  traffic  law  and  the
 correction  law  relating  to  suspension  and  revocation of driver's
 licenses upon conviction of certain drug-related offenses, in relation
 to the effectiveness thereof (Part D); to amend  chapter  569  of  the
 laws  of  1981, amending the vehicle and traffic law relating to motor
 vehicle liability insurance, financial  security,  criminal  acts  and
 penalties  for non-compliance, in relation to making provisions perma
 nent; and to amend chapter 781 of the laws of 1983, amending the vehi
 cle and traffic law and other laws relating to motor vehicle liability
 insurance, financial security, criminal acts and certain penalties for
 non-compliance, in relation to making provisions permanent  (Part  E);
 to  amend  the vehicle and traffic law and the criminal procedure law,
 in relation to governing operators of commercial  motor  vehicles  and
 federal  requirements  for  medical  certification  pertaining to such
 operators (Part F); to amend chapter 393 of the laws of 1994  amending
 the  New York state urban development corporation act, relating to the
 powers of the New York state urban  development  corporation  to  make
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD12573-04-1
 
       S. 2810--B                          2
 loans, in relation to the effectiveness thereof (Part G); to amend the
 state  finance  law,  in  relation to the excelsior linked deposit act
 (Part H); to amend part U of chapter 57 of the laws of  2005  amending
 the  labor  law  and other laws implementing the state fiscal plan for
 the 2005-2006 state fiscal year, relating to  New  York  state  higher
 education matching grant program for independent colleges, in relation
 to the effectiveness thereof (Part I); to amend the public authorities
 law,  in  relation to the state governmental cost recovery system; and
 to repeal section 2975-a of such law relating  thereto  (Part  J);  to
 amend  the  executive law, in relation to the community services block
 grant program; and to amend chapter 728 of the laws of 1982 and  chap
 ter  710  of  the laws of 1983, amending the executive law relating to
 community services block grant programs, in relation to the effective
 ness thereof (Part K); to amend chapter 21 of the laws of 2003, amend
 ing 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  the effectiveness thereof (Part L);
 Intentionally omitted (Part M); Intentionally  omitted  (Part  N);  to
 amend  the  executive  law, the economic development law and the state
 administrative procedure act, in relation to the removal of  statutory
 references  to  the  governor's  office  of  regulatory reform; and to
 repeal subdivision 8 of section  202-b  of  the  state  administrative
 procedure  act, relating thereto (Part O); to authorize and direct the
 New York state energy research and development  authority  to  make  a
 payment  to  the general fund of up to $913,000 (Part P); to authorize
 the New York  State  Energy  Research  and  Development  Authority  to
 finance  a  portion of its research, development and demonstration and
 policy and planning programs from  assessments  on  gas  and  electric
 corporations  (Part  Q);  to  authorize  the  department  of health to
 finance certain activities with revenues generated from an  assessment
 on  cable  television  companies  (Part R); to amend the environmental
 conservation law and chapter 67 of the laws of 1992 amending the envi
 ronmental conservation law relating to pesticide product  registration
 timetables and fees, in relation to pesticide registration time frames
 and  fees  (Part  S); Intentionally omitted (Part T); to amend the New
 York state urban development corporation act, in relation to the heal
 thy food/communities initiative; to amend the agriculture and  markets
 law,  in relation to authorizing the establishment of a revolving loan
 fund; and to amend the agriculture and markets  law,  in  relation  to
 state  aid  for farmers' markets (Part U); Intentionally omitted (Part
 V); to amend the state finance law, in relation  to  the  transfer  of
 tribal  compact revenue to the general fund and to the city of Niagara
 Falls (Part W); Intentionally omitted (Part X); to amend  the  general
 business  law,  in  relation  to  increasing the term of licensure and
 registration from two to four years (Part Y); to amend the real  prop
 erty  tax law, the general municipal law, the public officers law, the
 tax law and the administrative code  of  the  city  of  New  York,  in
 relation  to  establishing  standards for electronic real property tax
 administration, allowing the department of taxation and finance to use
 electronic communication means to furnish tax notices and other  docu
 ments,  and  mandatory electronic filing of tax documents (Part Z); to
 amend the transportation law, in relation to airport  improvement  and
 revitalization (Part AA); to amend the transportation law, in relation
 to  requiring  sign  properties,  in cities having a population of one
 million or more, to be licensed by the  department  of  transportation
 
       S. 2810--B                          3
 (Part BB); to amend the environmental conservation law, in relation to
 the amount of sulfur content that may be in heating oil and the effec
 tive  date for sulfur reductions (Part CC); to amend the environmental
 conservation law, in relation to bottle collection and recycling (Part
 DD); directing the power authority of the state of New York to release
 requests  for  proposals  on  certain  natural  gas powered generating
 facilities in and around New York city (Part EE); to amend  the  envi
 ronmental conservation law, in relation to establishing a registration
 system  for  saltwater  recreational fishing; and to repeal part LL of
 chapter 59 of the laws of 2009 amending the environmental conservation
 law, relating to recreational marine fishing licenses, relating there
 to (Part FF); to amend the environmental conservation law, in relation
 to the use of ultra low sulfur diesel fuel and best available technol
 ogy by the state (Part GG); to amend the public  authorities  law,  in
 relation  to  directing  the  metropolitan transportation authority to
 contract for the provision of an independent forensic  audit  of  such
 authority;  and  providing  for the repeal of such provisions upon the
 expiration thereof (Part HH); and to amend the public service law,  in
 relation  to  authority of the public service commission over services
 of a telephone corporation or cable television company (Part II)
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  This  act enacts into law major components of legislation
 which are necessary to implement the state fiscal plan for the 2011-2012
 state fiscal year. Each component is  wholly  contained  within  a  Part
 identified as Parts A through II. The effective date for each particular
 provision contained within such Part is set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ
 ing the effective date of the Part, which makes a reference to a section
 "of  this  act", when used in connection with that particular component,
 shall be deemed to mean and refer to the corresponding  section  of  the
 Part  in  which  it  is  found.

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

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

 SCHEDULE
 (a) Thirty-nine million seven hundred thousand  dollars  ($39,700,000)
 to municipalities for repayment of eligible costs of federal aid munici
 pal street and highway projects pursuant to section 15 of chapter 329 of
 the  laws  of  1991, as added by section 9 of chapter 330 of the laws of
 
       S. 2810--B                          4
 1991, as amended. The department of transportation  shall  provide  such
 information  to  the  municipalities as may be necessary to maintain the
 federal tax exempt status of any  bonds,  notes,  or  other  obligations
 issued  by  such  municipalities to provide for the non-federal share of
 the cost of projects pursuant to chapter 330 of  the  laws  of  1991  or
 section 80-b of the highway law.
 The  program  authorized  pursuant to section 15 of chapter 329 of the
 laws of 1991, as added by section 9 of chapter 330 of the laws of  1991,
 as amended, shall additionally make payments for reimbursement according
 to the following schedule:

 State Fiscal Year        Amount
 2011-12                  $39,700,000
 (b)   Three  hundred  four  million  three  hundred  thousand  dollars
 ($304,300,000) to counties, cities, towns and villages for reimbursement
 of eligible costs of local  highway  and  bridge  projects  pursuant  to
 sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
 section 9 of chapter 330 of the  laws  of  1991,  as  amended.  For  the
 purposes of computing allocations to municipalities, the amount distrib
 uted  pursuant to section 16 of chapter 329 of the laws of 1991 shall be
 deemed to be $121,520,000.  The amount distributed pursuant  to  section
 16-a  of  chapter  329  of  the  laws  of  1991  shall  be  deemed to be
 $182,780,000.  Notwithstanding the provisions of any general or  special
 law,  the  amounts  deemed  distributed in accordance with section 16 of
 chapter 329 of the laws of 1991 shall be adjusted so that  such  amounts
 will  not  be less than 83.807 percent of the "funding level" as defined
 in subdivision 5 of section 10-c of the highway law for each such  muni
 cipality.  In  order  to achieve the objectives of section 16 of chapter
 329 of the laws of 1991, to the extent necessary, the amounts in  excess
 of  83.807 percent of the funding level to be deemed distributed to each
 municipality under this subdivision shall be reduced  in  equal  propor
 tion.
 (c)  Fifty-eight  million  seven hundred ninety-seven thousand dollars
 ($58,797,000) to municipalities for reimbursement of eligible  costs  of
 local  highway  and  bridge projects pursuant to sections 16 and 16-a of
 chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
 the laws of 1991, as amended. For the purposes of computing  allocations
 to  municipalities,  the  amount  distributed  pursuant to section 16 of
 chapter 329 of the laws of 1991 shall be deemed to be  $23,480,000.  The
 amount  distributed  pursuant to section 16-a of chapter 329 of the laws
 of  1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding   the
 provisions of any general or special law, the amounts deemed distributed
 in  accordance  with section 16 of chapter 329 of the laws of 1991 shall
 be adjusted so that such amounts will not be less than 16.193 percent of
 the "funding level" as defined in subdivision 5 of section 10-c  of  the
 highway  law  for each such municipality. In order to achieve the objec
 tives of section 16 of chapter 329 of the laws of 1991,  to  the  extent
 necessary,  the amounts in excess of 16.193 percent of the funding level
 to be deemed distributed to each  municipality  under  this  subdivision
 shall  be  reduced  in equal proportion. To the extent that the total of
 remaining payment allocations calculated herein varies from $58,797,000,
 the payment amounts to each locality shall  be  adjusted  by  a  uniform
 percentage so that the total payments equal $58,797,000.
 The program authorized pursuant to sections 16 and 16-a of chapter 329
 of the laws of 1991, as added by section 9 of chapter 330 of the laws of
 1991,  as  amended,  shall  additionally make payments for reimbursement
 according to the following schedule:

 
       S. 2810--B                          5
 State Fiscal Year        Amount
 2011-12                  $363,097,000
 

S 2.

Section 16 of chapter 329 of the laws of 1991, amending the state
 finance  law  and  other laws relating to the establishment of the dedi
 cated highway and bridge trust fund, is amended by adding a new subdivi
 sion (f) to read as follows:

 (F) FOR PURPOSES OF THIS SECTION AND SECTION 10-C OF THE HIGHWAY  LAW,
 FOR  PROJECTS  COMPLETED  ON  OR BEFORE MARCH 31, 2012 LOCAL HIGHWAY AND
 BRIDGE PROJECTS MAY ALSO INCLUDE THE FOLLOWING WORK TYPES: (1) MICROSUR
 FACING, (2) PAVER PLACED SURFACE TREATMENT, (3)  SINGLE  COURSE  SURFACE
 TREATMENT  INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE
 SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND  STONE,  HOWEVER,  NO
 REIMBURSEMENT  SHALL  BE  MADE  FOR (1) MICROSURFACING, (2) PAVER PLACED
 SURFACE TREATMENT, (3) SINGLE COURSE SURFACE  TREATMENT  INVOLVING  CHIP
 SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV
 ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. REIMBURSEMENT FOR
 PROJECTS  USING THESE TREATMENTS MAY BE MADE FROM THE PROCEEDS OF BONDS,
 NOTES OR OTHER OBLIGATIONS ISSUED BY THE NEW YORK STATE THRUWAY AUTHORI
 TY PURSUANT TO SECTION 380 OF THE PUBLIC AUTHORITIES LAW OR OTHERWISE AS
 DETERMINED BY THE DIRECTOR OF THE BUDGET.
 

S 3.

Section 16-a of chapter 329 of the laws  of  1991,  amending  the
 state  finance  law  and other laws relating to the establishment of the
 dedicated highway and bridge trust fund, is  amended  by  adding  a  new
 subdivision (f) to read as follows:

 (F)  FOR PURPOSES OF THIS SECTION AND SECTION 10-C OF THE HIGHWAY LAW,
 FOR PROJECTS COMPLETED ON OR BEFORE MARCH 31,  2012  LOCAL  HIGHWAY  AND
 BRIDGE PROJECTS MAY ALSO INCLUDE THE FOLLOWING WORK TYPES: (1) MICROSUR
 FACING,  (2)  PAVER  PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE
 TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE  COURSE
 SURFACE  TREATMENT  INVOLVING  CHIP SEALS AND OIL AND STONE, HOWEVER, NO
 REIMBURSEMENT SHALL BE MADE FOR (1)  MICROSURFACING,  (2)  PAVER  PLACED
 SURFACE  TREATMENT,  (3)  SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP
 SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV
 ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. REIMBURSEMENT FOR
 PROJECTS USING THESE TREATMENTS MAY BE MADE FROM THE PROCEEDS OF  BONDS,
 NOTES OR OTHER OBLIGATIONS ISSUED BY THE NEW YORK STATE THRUWAY AUTHORI
 TY PURSUANT TO SECTION 380 OF THE PUBLIC AUTHORITIES LAW OR OTHERWISE AS
 DETERMINED BY THE DIRECTOR OF THE BUDGET.
 

S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
 amending the state finance law and other laws relating to the establish
 ment of the dedicated highway and bridge trust fund, as amended by chap
 ter 432 of the laws of 1997, is amended to read as follows:

 (d) Any such service contract (i) shall provide that the obligation of
 the  director  of  the budget or the state to fund or to pay the amounts
 therein provided for shall not constitute a debt of the state within the
 meaning of any constitutional or statutory provisions in the  event  the
 thruway  authority assigns or pledges service contract payments as secu
 rity for its bonds or notes, (ii) shall be deemed executory only to  the
 extent  moneys  are available and that no liability shall be incurred by
 the state beyond the moneys available for the  purpose,  and  that  such
 obligation  is  subject  to annual appropriation by the legislature, and
 (iii) shall provide that no funds  shall  be  made  available  from  the
 proceeds  of  bonds  or notes issued pursuant to this chapter unless the
 commissioner of transportation has certified  to  the  chairman  of  the
 thruway  authority  that  such  funds  shall be used exclusively for the
 purposes  authorized  by  subdivision  (a)  of  this   section,   and/or
 
       S. 2810--B                          6
 construction,  reconstruction  or improvement of local highways, bridges
 and/or highway-railroad crossings, including right of  way  acquisition,
 preliminary  engineering,  and  construction supervision and inspection,
 where  the  service  life  of  the  project is at least ten years OR FOR
 PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012  WHERE  THE  PROJECT  IS:

 (1)  MICROSURFACING,  (2)  PAVER  PLACED  SURFACE  TREATMENT, (3) SINGLE
 COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AND  (4)
 DOUBLE  COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE,
 and unless the director of the budget has certified to the  chairman  of
 the  thruway  authority  that  a spending plan has been submitted by the
 commissioner of transportation and has been approved by the director  of
 the  budget.  NO REIMBURSEMENT SHALL BE MADE FOR (1) MICROSURFACING, (2)
 PAVER PLACED SURFACE TREATMENT,  (3)  SINGLE  COURSE  SURFACE  TREATMENT
 INVOLVING  CHIP  SEALS  AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE
 TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012.
 

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

 (b) Each county, city, town and village shall certify to  the  commis
 sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
 construction, reconstruction or improvement of local  highways,  bridges
 and/or  highway-railroad  crossings, including right of way acquisition,
 preliminary engineering, and  construction  supervision  and  inspection
 where  the  service  life  of  the  project is at least ten years OR FOR
 PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 WHERE THE PROJECT IS: (1)
 MICROSURFACING, (2) PAVER PLACED SURFACE TREATMENT,  (3)  SINGLE  COURSE
 SURFACE  TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AND (4) DOUBLE
 COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL  AND  STONE.    NO
 REIMBURSEMENT  SHALL  BE  MADE  FOR (1) MICROSURFACING, (2) PAVER PLACED
 SURFACE TREATMENT, (3) SINGLE COURSE SURFACE  TREATMENT  INVOLVING  CHIP
 SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV
 ING  CHIP  SEALS  AND  OIL AND STONE AFTER MARCH 31, 2012.  Such certif
 ication shall include any such information as may be necessary to  main
 tain  the federal tax exempt status of bonds, notes or other obligations
 issued by the New York state thruway authority pursuant to  section  380
 of  the public authorities law. The commissioner of transportation shall
 in writing request the municipalities to furnish such information as may
 be necessary to comply with this section.
 

S 6. Subdivision (b) of section 16-a of chapter 329  of  the  laws  of
 1991,  amending  the  state  finance  law and other laws relating to the
 establishment of the dedicated highway and bridge trust fund,  as  added
 by chapter 330 of the laws of 1991, is amended to read as follows:

 (b)  Each  county, city, town and village shall certify to the commis
 sioner  of  transportation  that  amounts  to  be  reimbursed  are   for
 construction,  reconstruction  or improvement of local highways, bridges
 and/or highway-railroad crossings, including right of  way  acquisition,
 preliminary  engineering,  and  construction  supervision and inspection
 where the service life of the project is  at  least  ten  years  OR  FOR
 PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 WHERE THE PROJECT IS: (1)
 MICROSURFACING,  (2)  PAVER  PLACED SURFACE TREATMENT, (3) SINGLE COURSE
 SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AND (4)  DOUBLE
 COURSE  SURFACE  TREATMENT  INVOLVING  CHIP SEALS AND OIL AND STONE.  NO
 REIMBURSEMENT SHALL BE MADE FOR (1)  MICROSURFACING,  (2)  PAVER  PLACED
 SURFACE  TREATMENT,  (3)  SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP
 SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV
 
       S. 2810--B                          7
 ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31,  2012.    Such  certif
 ication  shall include any such information as may be necessary to main
 tain the federal tax exempt status of bonds, notes or other  obligations
 issued  by  the New York state thruway authority pursuant to section 380
 of the public authorities law. The commissioner shall in writing request
 the municipalities to furnish such information as may  be  necessary  to
 comply with this section.
 

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

Section  1.

Section 2 of chapter 279 of the laws of 1998, amending the
 transportation law relating to enabling the commissioner of  transporta
 tion  to establish a single audit pilot program, as amended by section 1
 of part E of chapter 59 of the laws of  2010,  is  amended  to  read  as
 follows:

 

S  2. This act shall take effect on December 31, 1998, except that the
 commissioner of transportation is immediately authorized  to  promulgate
 rules  and regulations necessary for the implementation of this act [and
 shall expire December 31, 2011 when upon such  date  the  provisions  of
 this act shall be deemed repealed].
 

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

Section 1. 

Section 7 of chapter 312 of the laws of 1994, amending the
 vehicle  and  traffic  law  relating  to suspensions of licenses pending
 prosecution of certain alcohol-related charges, and  authorizations  for
 probationary  and conditional drivers' licenses, as amended by section 1
 of part C of chapter 59 of the laws of  2009,  is  amended  to  read  as
 follows:

 

S  7.  This  act  shall take effect immediately; provided however that
 sections three, four, five and six of this act shall take effect on  the
 first  day  of  November next succeeding the date on which it shall have
 become a law and shall apply to offenses  committed  on  or  after  such
 date;  provided further, however, that the amendment to paragraph (c) of
 subdivision 2 of section 1193 of the vehicle and  traffic  law  made  by
 section two of this act shall take effect on the same date as such para
 graph  takes  effect pursuant to section 9 of chapter 533 of the laws of
 1993, as amended[, provided, further, that  the  provisions  of  section
 four  of this act shall remain in full force and effect until October 1,
 2011 when upon such date the provisions of such section shall be  deemed
 repealed  and the provisions of law amended by such section shall revert
 to and be read as if  the  provisions  of  such  section  had  not  been
 enacted].
 

S  2.  This  act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2011.
 PART D
 

Section 1.

Section 9 of chapter 533 of the laws of 1993, amending  the
 vehicle  and  traffic  law and the correction law relating to suspension
 and revocation of driver's licenses upon conviction of certain  drug-re
 
       S. 2810--B                          8
 lated  offenses,  as amended by section 1 of part D of chapter 59 of the
 laws of 2009, is amended to read as follows:

 

S  9. This act shall take effect September 30, 1993 and shall apply to
 convictions based on offenses which occurred on or after such date  [and
 shall  remain  in  full force and effect until October 1, 2011 when upon
 such date the provisions of this act shall be deemed  repealed  and  the
 provisions  of law amended by this act shall revert to and be read as if
 the provisions of this act had not been enacted].
 

S 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2011.
 PART E
 

Section 1.

Section 12 of chapter 569 of the laws of 1981, amending the
 vehicle  and  traffic law relating to motor vehicle liability insurance,
 financial security, criminal acts and penalties for  non-compliance,  as
 amended  by  section  1  of part J of chapter 59 of the laws of 2009, is
 amended to read as follows:

 

S 12. This act shall take effect on the first day of  September,  1982
 [and  the  amendments  made to the provisions of the vehicle and traffic
 law by sections one through nine of this act shall expire  on  June  30,
 2011  and  shall apply to the use and operation of motor vehicles during
 such period. Upon such expiration date the provisions of  such  sections
 of  such  law  shall revert to and be read as set out in law on the date
 immediately preceding the effective date of this act.  The  commissioner
 shall  widely  publicize the provisions of this act and take all actions
 necessary to prepare for  its  implementation  prior  to  the  effective
 date].
 

S 2.

Section 15 of chapter 781 of the laws of 1983, amending the vehi
 cle  and  traffic law and other laws relating to motor vehicle liability
 insurance, financial security, criminal acts and certain  penalties  for
 non-compliance,  as  amended by section 2 of part J of chapter 59 of the
 laws of 2009, is amended to read as follows:

 

S 15. This act shall take effect immediately except that sections  ten
 and eleven hereof shall NOT take effect [on June 30,  2011;  the  amend-
 ments  made  to  the  provisions  of the vehicle and traffic law and the
 insurance law by sections one through seven of  this  act  shall  expire
 June  30,  2011;  upon such date the provisions of such sections of such
 laws shall revert to and be read as set out in law  on  the  date  imme-
 diately  preceding  the  effective  date  of  this  act]  AND ARE HEREBY
 REPEALED.
 

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

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 2 of part E of chapter 60 of the laws of 2005, 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 who, when operat
 ing any motor vehicle, has refused to submit to a chemical test pursuant
 to section eleven hundred ninety-four  of  this  chapter,  or  has  been
 
       S. 2810--B                          9
 convicted  of  any  of  the following offenses while operating any motor
 vehicle: any violation of subdivision two,  three  or  four  of  section
 eleven  hundred ninety-two of this chapter, any violation of subdivision
 one  or two of section six hundred of this chapter, any felony involving
 the use of a motor vehicle, other than the use of a motor vehicle in the
 commission of a felony involving manufacturing, distributing, 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 elev
 en hundred ninety-two of this chapter, driving a commercial motor  vehi
 cle  when  as  a  result of prior violations committed while operating a
 commercial motor vehicle, the driver's commercial  driver's  license  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 1 of section 502 of the vehicle and traffic  law,  as
 amended  by  chapter  639  of  the  laws  of 2006, is amended to read as
 follows:

 1. Application for license.  Application for a driver's license  shall
 be made to the commissioner.  The fee prescribed by law may be submitted
 with such application. The applicant shall furnish such proof of identi
 ty, age, and fitness as may be required by the commissioner. The commis
 sioner may also provide that the application procedure shall include the
 taking  of  a  photo image or images of the applicant in accordance with
 rules and regulations prescribed by the commissioner. In  addition,  the
 commissioner  also  shall  require that the applicant provide his or her
 social security number and provide space on the application so that  the
 applicant  may  register  in  the  New York state organ and tissue donor
 registry under section forty-three hundred ten of the public health law.
 In addition, an applicant for a commercial  driver's  license  who  will
 operate  a commercial motor vehicle in interstate commerce shall certify
 that such applicant meets the requirements to operate a commercial motor
 vehicle, as set forth in public law 99-570, title XII, and title  49  of
 the  code of federal regulations, and all regulations promulgated by the
 United States secretary of transportation under the hazardous  materials
 transportation  act. IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S
 LICENSE SHALL SUBMIT MEDICAL CERTIFICATION AT SUCH INTERVALS AS REQUIRED
 BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF  1999  AND  REGU
 LATIONS  ADOPTED  PURSUANT THERETO RELATING TO MEDICAL CERTIFICATION AND
 IN A MANNER PRESCRIBED BY THE COMMISSIONER. Upon  a  determination  that
 the  holder  of  a commercial driver's license has made any false state
 ment, with respect to the application for such license, the commissioner
 shall revoke such license.
 

S 3. Paragraph (b) of subdivision 1 of section 503 of the vehicle  and
 traffic  law,  as amended by chapter 435 of the laws of 1997, is amended
 to read as follows:

 (b) An application for a license shall be valid for a period  of  time
 specified  by regulation of the commissioner not to exceed five years. A
 learner's permit shall be valid from its issuance until  the  expiration
 of  the  application  for  a  driver's  license for which it was issued.
 PROVIDED, HOWEVER,  THAT  IF  THE  MEDICAL  CERTIFICATION  SUBMITTED  IN
 ACCORDANCE  WITH  THE  REQUIREMENTS  OF THE FEDERAL MOTOR CARRIER SAFETY
 IMPROVEMENT ACT OF 1999 AND REGULATIONS ADOPTED PURSUANT THERETO  RELAT
 ING  TO  MEDICAL CERTIFICATION BY AN APPLICANT FOR A COMMERCIAL DRIVER'S
 
       S. 2810--B                         10
 LICENSE EXPIRES, ANY LEARNER'S PERMIT THAT MAY HAVE BEEN ISSUED  BY  THE
 COMMISSIONER IN CONNECTION WITH THE APPLICATION SHALL BE SUSPENDED.
 

S 4. Subdivision 1 of section 510-a of the vehicle and traffic law, as
 amended  by  section  13 of part E of chapter 60 of the laws of 2005, is
 amended to read as follows:

 1.  Revocation. A commercial driver's license shall be revoked by  the
 commissioner  whenever the holder is convicted within or outside of this
 state (a) of a felony involving the use of  a  motor  vehicle  except  a
 felony as described in paragraph (b) of this subdivision; (b) of a felo
 ny involving manufacturing, distributing or dispensing a drug as defined
 in  section  one hundred fourteen-a of this chapter or possession of any
 such drug with intent to manufacture, distribute or dispense  such  drug
 in which a motor vehicle was used; (c) of a violation of subdivision one
 or  two  of  section  six  hundred  of  this chapter; (d) of operating a
 commercial motor vehicle when, as a result of prior violations committed
 while operating a commercial  motor  vehicle,  the  driver's  commercial
 driver's  license  is  revoked, suspended, or canceled, or the driver is
 disqualified from operating a commercial motor  vehicle;  (e)  [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  or  criminally  negligent  homicide; OR (F) THE
 COMMISSIONER DETERMINES  THAT  THE  HOLDER  FALSIFIED  INFORMATION:  (I)
 REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
 REGULATIONS  ADOPTED  PURSUANT  THERETO  RELATING TO COMMERCIAL DRIVER'S
 LICENSE DOCUMENT IN AN APPLICATION FOR A  COMMERCIAL  DRIVER'S  LICENSE;
 (II)  REQUIRED  BY  THE  FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF
 1999 AND  REGULATIONS  ADOPTED  PURSUANT  THERETO  RELATING  TO  INITIAL
 COMMERCIAL  DRIVER'S  LICENSE  OR  EXISTING  COMMERCIAL DRIVER'S LICENSE
 HOLDER'S SELF-CERTIFICATION IN ANY OF THE SELF-CERTIFICATIONS  REGARDING
 THE TYPE OF DRIVING ENGAGED OR TO BE ENGAGED IN BY THE HOLDER OR REGARD
 ING  THE NON-APPLICABILITY OF THE PHYSICAL QUALIFICATION REQUIREMENTS OF
 THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND REGULATIONS
 ADOPTED PURSUANT THERETO RELATING TO QUALIFICATIONS OF  DRIVERS  TO  THE
 HOLDER;  OR  (III) REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVE
 MENT ACT OF 1999 AND REGULATIONS ADOPTED PURSUANT  THERETO  RELATING  TO
 COMMERCIAL DRIVER'S LICENSE REQUIREMENTS IN ANY MEDICAL CERTIFICATION.
 FOR  PURPOSES  OF  PARAGRAPH  (F) OF THIS SUBDIVISION THE TERM FALSIFY
 SHALL INCLUDE ADDING OR INSERTING FALSE INFORMATION ON A WRITTEN INSTRU
 MENT, FALSELY MAKING, COMPLETING, OR ALTERING A WRITTEN INSTRUMENT,  AND
 CAUSING  A  FALSE  WRITTEN INSTRUMENT OR A WRITTEN INSTRUMENT CONTAINING
 FALSE INFORMATION TO BE MADE.
 

S 5. Paragraph (a) of subdivision 2 of section 510-a  of  the  vehicle
 and  traffic law, as amended by section 6 of part K of chapter 59 of the
 laws of 2009, is amended to read as follows:

 (a) Except as otherwise provided in paragraph (b) of this subdivision,
 where revocation of a commercial driver's license is mandatory  pursuant
 to  paragraph  (a), (c), (d) [or], (e) OR (F) of subdivision one of this
 section no new commercial driver's license shall be issued for at  least
 one  year  nor  thereafter except in the discretion of the commissioner,
 except that FOR REVOCATIONS PURSUANT TO PARAGRAPH (A), (C), (D)  OR  (E)
 OF  SUBDIVISION  ONE OF THIS SECTION, if such person has previously been
 found to have refused a chemical test pursuant to section eleven hundred
 ninety-four of this chapter or has a prior  conviction  of  any  of  the
 following  offenses:  any violation of section eleven hundred ninety-two
 of this chapter, any violation of subdivision one or two of section  six
 hundred  of  this  chapter,  or  any felony involving the use of a motor
 
       S. 2810--B                         11
 vehicle pursuant to paragraph (a) of subdivision one of this section, or
 has been convicted of operating a commercial motor vehicle  when,  as  a
 result  of prior violations committed while operating a commercial motor
 vehicle, the driver's commercial driver's license is revoked, suspended,
 or  canceled,  or the driver is disqualified from operating a commercial
 motor vehicle, 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 or criminally  negligent
 homicide,  then  such  commercial  driver's  license revocation shall be
 permanent.
 

S 6. Subdivision 3 of section 510-a of the vehicle and traffic law  is
 amended by adding a new paragraph (f) to read as follows:

 (F)  A  COMMERCIAL  DRIVER'S LICENSE SHALL BE SUSPENDED BY THE COMMIS
 SIONER UPON THE HOLDER'S FAILURE  TO  SUBMIT  MEDICAL  CERTIFICATION  OR
 MEDICAL VARIANCE DOCUMENTATION, AT SUCH INTERVALS AS ARE REQUIRED BY THE
 FEDERAL  MOTOR  CARRIER  SAFETY  IMPROVEMENT ACT OF 1999 AND REGULATIONS
 ADOPTED  PURSUANT  THERETO  RELATING  TO  COMMERCIAL  DRIVER'S   LICENSE
 REQUIREMENTS  AND  IN A MANNER PRESCRIBED BY THE COMMISSIONER. A COMMER
 CIAL DRIVER'S LICENSE SHALL ALSO BE SUSPENDED BY THE  COMMISSIONER  UPON
 RECEIPT  OF INFORMATION FROM THE ISSUING MEDICAL EXAMINER OR THE FEDERAL
 MOTOR CARRIER SAFETY ADMINISTRATION  THAT  A  MEDICAL  CERTIFICATION  OR
 MEDICAL  VARIANCE  WAS  ISSUED IN ERROR. SUCH SUSPENSION SHALL BE TERMI
 NATED UPON: (I) THE HOLDER'S SUBMISSION OF THE  REQUIRED  VALID  MEDICAL
 EXAMINER'S CERTIFICATE OR MEDICAL VARIANCE DOCUMENTATION; (II) THE HOLD
 ER'S  SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR VEHICLE
 OPERATION HE OR SHE ENGAGES IN, OR EXPECTS TO ENGAGE IN,  AND  THAT  THE
 HOLDER  IS NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE
 FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT  OF  1999  AND  REGULATIONS
 ADOPTED  PURSUANT THERETO RELATING TO DISQUALIFICATION OF DRIVERS; (III)
 THE HOLDER'S SURRENDER OF HIS OR HER COMMERCIAL DRIVER'S LICENSE TO  THE
 DEPARTMENT  OR  TO THE APPROPRIATE LICENSING AUTHORITY OF ANOTHER JURIS
 DICTION; OR (IV) THE HOLDER'S DOWNGRADE OF HIS OR HER  COMMERCIAL  DRIV
 ER'S LICENSE TO A NON-COMMERCIAL DRIVER'S LICENSE.
 

S  7.  Subdivision  1 of section 514 of the vehicle and traffic law is
 amended by adding a new paragraph (d) 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, 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 DRIVER'S LICENSE ISSUED BY ANOTHER
 STATE; OR (II) DOES NOT HOLD 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 8.

Section 170.55 of the criminal procedure law is amended by adding
 a new subdivision 9 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, OR A VIOLATION OF A LOCAL LAW, RULE OR
 ORDINANCE  RELATED TO THE  OPERATION OF A MOTOR VEHICLE, IF SUCH OFFENSE
 WAS COMMITTED BY THE HOLDER OF 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. 2810--B                         12
 

S 9. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law; provided, however, that sections two, three, four,
 five and six of this act shall take effect January 30,  2012,  provided,
 however, that the addition, amendment and/or repeal of any rule or regu
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized and directed to be made and completed on  or  before
 such effective date.
 PART G
 

Section  1.

Section 2 of chapter 393 of the laws of 1994, amending the
 New York state urban development corporation act relating to the  powers
 of  the  New  York state urban development corporation to make loans, as
 amended by section 1 of part P of chapter 59 of the  laws  of  2010,  is
 amended to read as follows:

 

S  2.  This  act shall take effect immediately provided, however, that
 section one of this act shall expire on July 1, [2011]  2012,  at  which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban  development  corporation  act shall be deemed repealed; provided,
 however, that neither the expiration nor the repeal of such  subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any  loan  made  pursuant  to the authority of such subdivision prior to
 such expiration and repeal.
 

S 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2011.
 PART H
 

Section 1.

Section 217 of the state finance law, as amended by chapter
 291 of the laws of 2004, is amended to read as follows:

 

S 217. Linked loans. Linked loans shall be made by lenders pursuant to
 the  program  only  to  eligible  businesses in connection with eligible
 projects. A linked loan shall be limited to a maximum  amount  of  [one]
 TWO  million  dollars.  An  eligible  business may receive more than one
 linked loan. During the life of  the  linked  loan  program,  the  total
 amount  of  money  that a business can borrow from the linked program is
 [one] TWO million dollars. The credit decision for making a linked  loan
 shall  be  made  solely by the lender. Notwithstanding the length of the
 term of a linked loan, the linked deposit relating to  the  linked  loan
 shall be for a period of not more than four years.
 

S  2.  The state finance law is amended by adding a new section 220 to
 read as follows:

 

S 220. RENEWAL OF LINKED DEPOSIT. A LENDER MAY, ON BEHALF OF A BORROW
 ER, APPLY TO THE COMMISSIONER  OF  ECONOMIC  DEVELOPMENT  TO  REQUEST  A
 RENEWAL  OF  THE  LINKED  DEPOSIT  FOR AN ADDITIONAL FOUR YEAR PERIOD TO
 CORRESPOND WITH A SECOND FOUR YEAR PERIOD OF A BORROWER'S  LINKED  LOAN.
 THE  COMMISSIONER  MAY GRANT SUCH APPLICATION IF THE COMMISSIONER DETER
 MINES THAT THE BORROWER, DURING THE  SECOND  FOUR  YEAR  PERIOD  OF  THE
 LINKED LOAN, WILL CREATE ADDITIONAL INDUSTRIAL MODERNIZATION BENEFITS OR
 ADDITIONAL EXPORT TRADE BENEFITS OR ADDITIONAL JOBS. IF THE COMMISSIONER
 OF  ECONOMIC DEVELOPMENT GRANTS SUCH APPLICATION, THE COMMISSIONER SHALL
 NOTIFY THE AUTHORIZED DEPOSITOR WHO MADE THE  LINKED  DEPOSIT  THAT  THE
 COMMISSIONER  HAS DETERMINED THAT THE APPLICATION SATISFIES THE REQUIRE
 MENTS OF THIS ARTICLE AND SHALL  REQUEST  THE  AUTHORIZED  DEPOSITOR  TO
 CONTINUE  THE LINKED DEPOSIT WITH THE LENDER FOR AN ADDITIONAL FOUR YEAR
 PERIOD IN ACCORDANCE WITH SECTION NINETY-EIGHT-A  OF  THIS  CHAPTER  AND
 
       S. 2810--B                         13
 WITH  THE  AUTHORIZED  DEPOSITOR'S  ESTABLISHED  PROCEDURES. SUCH LINKED
 DEPOSIT SHALL CONTINUE TO BE SECURED IN ACCORDANCE WITH  THE  PROVISIONS
 OF  SECTION ONE HUNDRED FIVE OF THIS CHAPTER. THE FIXED INTEREST RATE ON
 THE  CONTINUED  LINKED DEPOSIT SHALL BE THE LINKED DEPOSIT INTEREST RATE
 IN EFFECT ON THE FIRST DAY OF THE CONTINUATION OF  THE  LINKED  DEPOSIT.
 THE  AUTHORIZED  DEPOSITOR  AND  THE  LENDER  SHALL ENTER INTO A WRITTEN
 DEPOSIT AGREEMENT GOVERNING THE CONTINUATION OF THE LINKED DEPOSIT.  THE
 INTEREST RATE PAYABLE ON THE LINKED LOAN FOR THE SECOND FOUR YEAR PERIOD
 SHALL BE, IN THE CASE OF A CERTIFIED BUSINESS IN AN ECONOMIC DEVELOPMENT
 ZONE  OR AN ELIGIBLE BUSINESS LOCATED IN AN ECONOMICALLY DISTRESSED AREA
 OR FEDERAL EMPOWERMENT ZONE OR ENTERPRISE  OR  RENEWAL  COMMUNITY  OR  A
 MINORITY  OR  WOMEN-OWNED  BUSINESS  ENTERPRISE, THREE PERCENTAGE POINTS
 BELOW THE INTEREST RATE THE LENDER WOULD HAVE CHARGED FOR  THE  LOAN  IN
 EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT; OR IN
 THE  CASE  OF  A BUSINESS NOT LOCATED IN AN ECONOMIC DEVELOPMENT ZONE OR
 ECONOMICALLY DISTRESSED AREA OR FEDERAL EMPOWERMENT ZONE  OR  ENTERPRISE
 OR  RENEWAL COMMUNITY OR WHICH IS NOT A MINORITY OR WOMEN-OWNED BUSINESS
 ENTERPRISE, TWO PERCENTAGE POINTS BELOW THE  INTEREST  RATE  THE  LENDER
 WOULD  HAVE  CHARGED  FOR THE LOAN IN THE ABSENCE OF A LINKED DEPOSIT IN
 EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT.
 

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

Section 1. Paragraph (a) of subdivision 1 of section 1 of  part  U  of
 chapter  57  of  the  laws of 2005 amending the labor law and other laws
 implementing the state fiscal plan for the 2005-2006 state fiscal  year,
 relating  to  the New York state higher education capital matching grant
 program for independent colleges, as amended by part M of chapter 59  of
 the laws of 2010, is amended to read as follows:

 (a)  The  New York state higher education capital matching grant board
 is hereby created to have and exercise the powers, duties  and  preroga
 tives provided by the provisions of this section and any other provision
 of law. The board shall remain in existence during the period of the New
 York  state  higher  education  capital  matching grant program from the
 effective date of this section through March 31,  [2011]  2012,  or  the
 date  on  which  the  last  of the funds available for grants under this
 section shall have  been  disbursed,  whichever  is  earlier;  provided,
 however,  that  the  termination of the existence of the board shall not
 [effect] AFFECT the power and authority of the  dormitory  authority  to
 perform  its  obligations  with  respect  to  any bonds, notes, or other
 indebtedness issued or incurred pursuant to authority  granted  in  this
 section.
 

S 2. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
 section 1 of part U of chapter 57 of the laws of 2005 amending the labor
 law  and other laws implementing the state fiscal plan for the 2005-2006
 state fiscal year, relating to New York state higher education  matching
 grant  program for independent colleges, as amended by section 3 of part
 M of chapter 59 of the laws of 2010, is amended to read as follows:

 (A) Notwithstanding the provision of any general or special law to the
 contrary, and subject to the provisions of chapter 59  of  the  laws  of
 2000 and to the making of annual appropriations therefor by the legisla
 ture, in order to assist the dormitory authority in providing such high
 er  education  capital  matching  grants,  the director of the budget is
 authorized in any state fiscal year commencing  April  1,  2005  or  any
 state  fiscal  year  thereafter  for a period ending on March 31, [2011]
 
       S. 2810--B                         14
 2012, to enter into one or more service contracts, none of  which  shall
 exceed  30  years  in  duration, with the dormitory authority, upon such
 terms as the director of the budget and the dormitory authority agree.
 

S  3. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
 57 of the laws of 2005 amending the labor law and other laws  implement
 ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
 to New York state higher education matching grant program for  independ
 ent  colleges,  as  amended  by section 4 of part M of chapter 59 of the
 laws of 2010, is amended to read as follows:

 (b) Any eligible institution receiving a grant pursuant to this  arti
 cle shall report to the dormitory authority no later than June 1, [2011]
 2012,  on  the use of funding received and its programmatic and economic
 impact. The dormitory authority shall submit  a  report  no  later  than
 November  1, [2011] 2012 to the board, the governor, the director of the
 budget, the temporary president of the senate, and the  speaker  of  the
 assembly  on the aggregate impact of the higher education capital match
 ing grant program. Such report shall provide information on the progress
 and economic impact of such project.
 

S 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2011.
 PART J
 

Section  1.  Paragraph  (b)  of  subdivision  2 of section 2975 of the
 public authorities law, as amended by section 1 of part O of chapter  59
 of the laws of 2008, is amended to read as follows:

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

S 2. 

Section 2975-a of the public authorities law is REPEALED.
 

S 3. Notwithstanding any other provision of law, liabilities  incurred
 on  or  before  March  31, 2011 pursuant to section 2975-a of the public
 authorities law as repealed by section two of this act,  shall  continue
 as  legal  liabilities of industrial development agencies or authorities
 created pursuant to title one  of  article  eighteen-A  of  the  general
 municipal law or any other provision of law.
 

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

Section 1.

Section 159-i of the executive law, as amended by section 1
 of  part  Y  of  chapter  59  of the laws of 2010, is amended to read as
 follows:

 

S 159-i. Distribution of funds. [For federal fiscal year two  thousand
 eleven at] AT least ninety percent of the community services block grant
 funds  received by the state shall be distributed pursuant to a contract
 by the secretary to eligible entities as defined in subdivision  one  of
 section  one  hundred  fifty-nine-e  of this article. Each such eligible
 entity shall receive the same proportion  of  community  services  block
 grant  funds  as was the proportion of funds received in the immediately
 
       S. 2810--B                         15
 preceding federal fiscal year under the federal community services block
 grant program as compared to the total amount received by  all  eligible
 entities  in the state, under the federal community services block grant
 program.
 [For federal fiscal year two thousand eleven the] THE secretary shall,
 pursuant to section one hundred fifty-nine-h of this article, retain not
 more  than  five percent of the community services block grant funds for
 administration at the state level.
 [For federal fiscal year two thousand eleven the] THE remainder of the
 community services block grant funds received  by  the  state  shall  be
 distributed  pursuant  to  a  contract by the secretary in the following
 order of preference: a sum of up to  one-half  of  one  percent  of  the
 community  services  block  grant  funds received by the state to Indian
 tribes and tribal organizations as defined in this article, on the basis
 of need; and to community  based  organizations.  Such  remainder  funds
 received  by  eligible  entities will not be included in determining the
 proportion of funds received by  any  such  entity  in  the  immediately
 preceding federal fiscal year under the federal community services block
 grant program.
 

S 2.

Section 5 of chapter 728 of the laws of 1982, amending the execu
 tive law relating to community services block grant programs, as amended
 by  section 2 of part Y of chapter 59 of the laws of 2010, is amended to
 read as follows:

 

S 5. This act shall take effect immediately  provided,  however,  that
 section  four  hereof  shall  take  effect  October 1, 1982 and provided
 further, however, that the provisions of sections two, three and four of
 this act shall be in full force and effect only until September 30, 1983
 [and section one of this act shall be in full  force  and  effect  until
 September  30,  2011,  provided, however, that the distribution of funds
 pursuant to section 159-i of the executive law shall be limited  to  the
 federal fiscal year expressly set forth in such section].
 

S 3.

Section 7 of chapter 710 of the laws of 1983, amending the execu
 tive law relating to community services block grant programs, as amended
 by  section 3 of part Y of chapter 59 of the laws of 2010, is amended to
 read as follows:

 

S 7. This act shall take effect September 30, 1983 [and  shall  be  in
 full  force  and  effect only until September 30, 2011 at which time the
 amendments and additions made pursuant to the  provisions  of  this  act
 shall be deemed to be repealed, provided, however, that the distribution
 of funds pursuant to section 159-i of the executive law shall be limited
 to the federal fiscal year expressly set forth in such section].
 

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

Section  1. 

Section 2 of chapter 21 of the laws of 2003, amending the
 executive law relating to permitting the secretary of state  to  provide
 special  handling  for  all documents filed or issued by the division of
 corporations and to permit additional levels of such expedited  service,
 as  amended by section 1 of part B of chapter 19 of the laws of 2010, is
 amended to read as follows:

 

S 2. This act shall take effect immediately[, provided  however,  that
 section  one  of this act shall be deemed to have been in full force and
 effect on and after April 1, 2003 and shall expire March 31, 2011].
 

S 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after March 31, 2011.
 
       S. 2810--B                         16
 PART M
 Intentionally omitted.
 PART N
 Intentionally omitted.
 PART O
 

Section  1.  Subdivision  3  of section 164-d of the executive law, as
 added by chapter 65 of the laws of 2005, is amended to read as follows:

 3. The office for technology[, in  consultation  with  the  governor's
 office  of regulatory reform,] shall promulgate rules and regulations to
 implement the provisions of this section.  Such  rules  shall  at  least
 provide  for  the prioritization and timing for making application forms
 available on the internet.
 

S 2. Subdivision 46 of section 100 of the economic development law, as
 added by chapter 427 of the laws of 2008, is amended to read as follows:

 46. to prepare[, in cooperation with the governor's office of  regula-
 tory  reform,] an annual summary for the small business community of the
 key legislative, budgetary and regulatory changes impacting small  busi
 nesses. Agencies shall cooperate with the department [and the governor's
 office  of  regulatory  reform]  in developing the annual summary.   The
 annual summary shall be written in  plain  language  and  shall  provide
 specific contact information within the appropriate agency for inquiries
 regarding  implementation  and  compliance.  The annual summary shall be
 posted on the department website on or before September  first  of  each
 year.
 

S 3.

Section 102-a of the state administrative procedure act, as added
 by chapter 419 of the laws of 2007, is amended to read as follows:

 

S 102-a.  Small  business regulation guides. For each rule or group of
 related rules which significantly impact a substantial number  of  small
 businesses,  the agency which adopted the rule shall post on its website
 one or more guides explaining the actions a small business may  take  to
 comply  with  such  rule or group of rules if the agency determines[, in
 conjunction with the governor's office of regulatory reform,] that  such
 guide or guides will assist small businesses in complying with the rule,
 and  shall  designate  each such posting as a "small business regulation
 guide". The guide shall explain the actions a small business may take to
 comply with a rule or group of rules. The  agency  shall,  in  its  sole
 discretion,  taking  into account the subject matter of the rule and the
 language of relevant statutes, ensure that the guide  is  written  using
 sufficiently  plain  language  that  it  is  likely  to be understood by
 affected small businesses. Agencies shall cooperate with [the governor's
 office of regulatory reform and] other state agencies in developing such
 guides. [The governor's office of regulatory reform  shall  oversee  and
 coordinate  the  preparation of such small business regulation guides by
 agencies.]
 

S 4. Subparagraph (iii) of paragraph (b) of subdivision 9  of  section
 202  of  the state administrative procedure act, as added by chapter 230
 of the laws of 2006, is amended to read as follows:

 (iii) The secretary of  state  shall  provide  that  the  direct  link
 between  the  electronic  copy  of the state register and the electronic
 mail address provided by an agency [shall also deliver to the governor's
 office of regulatory reform a copy of all comments submitted].
 
       S. 2810--B                         17
 

S 5. Subdivision 8 of section 202-b of the state administrative proce
 dure act is REPEALED.
 

S  6.  Paragraph  (d)  of  subdivision 1 of section 202-d of the state
 administrative procedure act, as added by chapter 193  of  the  laws  of
 2008, is amended to read as follows:

 (d)  An  agency  shall  identify each rule described in its regulatory
 agenda for which a regulatory flexibility analysis or a rural area flex
 ibility analysis may be required, and shall provide outreach  as  appro
 priate  to  potentially affected small businesses, local governments and
 public and private interests in rural areas. Such outreach  may  include
 solicitation  of  input  from potentially affected parties through elec
 tronic means or through any of the activities listed in subdivision  six
 of  section  two  hundred  two-b  and  subdivision  seven of section two
 hundred two-bb of this article. [In addition, the agency shall provide a
 copy of the description of each rule subject to the provisions  of  this
 paragraph  to  the  governor's office of regulatory reform, which may in
 its discretion include the description and additional information on the
 rule in the quarterly report issued pursuant  to  subdivision  eight  of
 section two hundred two-b of this article.]
 

S  6-a.  Every  director, counsel, or other staff position established
 pursuant to the creation, continued management or function of the gover
 nor's office of regulatory reform shall be abolished. All aforementioned
 positions shall not be transferred, reassigned or otherwise moved to the
 New York state division of the budget or any other  administrative  unit
 of  state  government, including, but not limited to, any agency, board,
 bureau, commission, department,  division,  institution,  office,  state
 public authority, state task force, or other body.
 

S 7. This act shall take effect immediately; provided, that the amend
 ment  to  paragraph  (d)  of subdivision 1 of section 202-d of the state
 administrative procedure act made by section six of this act  shall  not
 affect  the  expiration  of such paragraph and shall be deemed to expire
 therewith.
 PART P
 

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

S 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2011.
 PART Q
 

Section  1.  Expenditures  of  moneys appropriated in a chapter of the
 laws of 2011 to the energy research and development authority, under the
 research, development and demonstration program, from the special reven
 ue funds - other/state operations, miscellaneous special revenue fund
 339,  energy  research and planning account, and special revenue funds
 other/aid to localities, miscellaneous special revenue fund - 339, ener
 gy research and planning account shall be subject to the  provisions  of
 this  section.  Notwithstanding  the  provisions  of  subdivision 4-a of
 section 18-a of the public service law, all moneys committed or expended
 shall be reimbursed by assessment against gas corporations and  electric
 corporations  as defined in section 2 of the public service law, and the
 total amount which may be charged to any gas corporation and  any  elec
 
       S. 2810--B                         18
 tric  corporation  shall not exceed one cent per one thousand cubic feet
 of gas sold and .010 cent per kilowatt-hour of electricity sold by  such
 corporations  in  their  intrastate  utility operations in calendar year
 2009.  Such  amounts  shall  be  excluded  from  the  general assessment
 provisions of subdivision 2 of section 18-a of the public  service  law,
 but shall be billed and paid in the manner set forth in such subdivision
 and  upon  receipt shall be paid to the state comptroller for deposit in
 the state treasury for credit to the miscellaneous special revenue fund.
 The director of the budget shall not issue  a  certificate  of  approval
 with  respect  to the commitment and expenditure of moneys hereby appro
 priated until the chair of such authority shall have submitted, and  the
 director  of  the  budget shall have approved, a comprehensive financial
 plan encompassing all moneys available to and  all  anticipated  commit
 ments  and  expenditures by such authority from any source for the oper
 ations of such authority. Copies of the approved comprehensive financial
 plan shall be immediately submitted by the director of the budget to the
 chairs and secretaries of the legislative fiscal committees.
 

S 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2011.
 PART R
 

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

S 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2011.
 PART S
 

Section  1. 

Section 9 of chapter 67 of the laws of 1992, amending the
 environmental conservation law relating to pesticide  product  registra
 tion  timetables and fees, as amended by section 1 of part FF of chapter
 59 of the laws of 2008, is amended to read as follows:

 

S 9. This act shall take effect April 1, 1992 provided, however,  that
 section  [3]  THREE of this act shall take effect July 1, 1993 and shall
 expire and be deemed repealed on July 1, [2011] 2014.
 

S 2.

Section   33-0705  of  the  environmental  conservation  law,  as
 amended  by  section  2  of  part  FF of chapter 59 of the laws of 2008,
 subdivisions a and b as amended by section 5 of part YY of chapter 59 of
 the laws of 2009, is amended to read as follows:

 

S 33-0705. Fee for registration.
 The applicant for registration shall pay a fee as follows:

 a. On or before July 1, [2011] 2014,  six  hundred  dollars  for  each
 pesticide  proposed  to  be  registered, provided that the applicant has
 submitted to the department proof in the form of a  federal  income  tax
 return  for  the  previous  year showing gross annual sales, for federal
 income tax purposes, of three million five hundred thousand  dollars  or
 less;
 b. On or before July 1, [2011] 2014, for all others, six hundred twen
 ty dollars for each pesticide proposed to be registered;
 c.  After  July  1,  [2011]  2014,  fifty  dollars  for each pesticide
 proposed to be registered.
 
       S. 2810--B                         19
 

S 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2011.
 PART T
 Intentionally omitted.
 PART U
 

Section 1. Subparagraph (i) of paragraph c of subdivision 3 of section
 16-s  of  section 1 of chapter 174 of the laws of 1968, constituting the
 urban development corporation act, as amended by section 1 of part XX of
 chapter 59 of the laws of 2009, is amended to read as follows:

 (i) An eligible food market applicant may  be  a  for-profit  business
 enterprise  (including  a  corporation,  limited liability company, sole
 proprietor, cooperative  or  partnership),  [a  nonprofit  organization]
 NOT-FOR-PROFIT CORPORATION, AGRICULTURAL COOPERATIVE CORPORATION, PUBLIC
 BENEFIT CORPORATION, MUNICIPAL CORPORATION, REGIONAL MARKET FACILITY, or
 a food cooperative.
 

S  2. 

Section  16  of  the  agriculture and markets law is amended by
 adding new subdivision  46 to read as follows:

 46. WITHIN THE AMOUNT OF MONIES APPROPRIATED OR OTHERWISE MADE  AVAIL
 ABLE  THEREFOR,  ESTABLISH,  ADMINISTER  AND OPERATE, OR PROVIDE FOR THE
 ADMINISTRATION AND OPERATION OF, A PROGRAM, WHICH MAY INCLUDE ESTABLISH
 MENT OF A REVOLVING LOAN FUND, TO ASSIST IN THE DEVELOPMENT, IMPLEMENTA
 TION AND OPERATION OF AGRICULTURAL PROGRAMS.
 

S 3.

Section 260 of the agriculture and  markets  law  is  amended  by
 adding a new subdivision 9 to read as follows:

 9.  "FOOD DESERT" SHALL MEAN AN AREA WITH LIMITED ACCESS TO AFFORDABLE
 AND NUTRITIOUS FOOD, PARTICULARLY SUCH  AN  AREA  THAT  IS  COMPOSED  OF
 PREDOMINATELY LOWER-INCOME NEIGHBORHOODS AND COMMUNITIES.
 

S  4. Subdivision 1 of section 262 of the agriculture and markets law,
 as amended by chapter 612 of the laws of  2006,  and  paragraph  (b)  as
 amended  by  chapter  126  of  the  laws  of 2007, is amended to read as
 follows:

 1. There is hereby created within the department a program  of  grants
 for  the  purpose of providing state assistance for farmer's markets. In
 administering such program, the commissioner, to  the  extent  feasible,
 shall  ensure  an  equitable  distribution  of awards to rural areas and
 other areas of the state.  State assistance provided  pursuant  to  this
 section may be awarded for:

 (a)  the construction, reconstruction, improvement, expansion or reha
 bilitation of farmers' markets. Grants provided pursuant to  this  para
 graph  shall  not  exceed the lesser of fifty percent of project cost or
 fifty thousand dollars per project in any fiscal year.
 (b) the purpose of providing promotional support for farmer's markets.
 Grants provided pursuant to this paragraph shall not exceed  the  lesser
 of  fifty  percent of project cost or [five] SEVEN thousand FIVE HUNDRED
 dollars per applicant in any fiscal year.
 (C) EQUIPMENT COSTS ASSOCIATED WITH IMPROVING  FARMERS'  MARKET  FUNC
 TIONS, INCLUDING BUT NOT LIMITED TO EXPANDING ACCESS TO ELECTRONIC BENE
 FIT  TRANSFER  TECHNOLOGY FOR FARMERS' MARKETS AND OTHER NON-TRADITIONAL
 FOOD ACCESS POINTS IN FOOD DESERTS IN THE STATE.
 

S 5. This act shall take effect immediately.
 PART V
 
       S. 2810--B                         20
 Intentionally omitted.
 PART W
 

Section  1. Subdivision 3 of section 99-h of the state finance law, as
 amended by section 1 of part QQ of chapter 59 of the laws  of  2009,  is
 amended to read as follows:

 3. Moneys of the account, following [appropriation] THE SEGREGATION OF
 APPROPRIATIONS  ENACTED  by  the  legislature,  shall  be  available for
 purposes including but not limited to: (a) reimbursements or payments to
 municipal governments that host tribal casinos  pursuant  to  a  tribal
 state compact for costs incurred in connection with services provided to
 such  casinos  or  arising as a result thereof, for economic development
 opportunities and job expansion programs  authorized  by  the  executive
 law; provided, however, that for any gaming facility located in the city
 of  Buffalo,  the city of Buffalo shall receive a minimum of twenty-five
 percent of the negotiated percentage of the  net  drop  from  electronic
 gaming  devices the state receives pursuant to the compact, and provided
 further that for any gaming facility located  in  the  city  of  Niagara
 Falls, county of Niagara a minimum of twenty-five percent of the negoti
 ated percentage of the net drop from electronic gaming devices the state
 receives pursuant to the compact shall be distributed in accordance with
 subdivision  four  of  this  section,  and provided further that for any
 gaming facility located in the county or counties of Cattaraugus,  Chau
 tauqua  or  Allegany, the municipal governments of the state hosting the
 facility shall collectively receive a minimum of twenty-five percent  of
 the negotiated percentage of the net drop from electronic gaming devices
 the  state  receives  pursuant to the compact; and provided further that
 pursuant to chapter five hundred ninety of  the  laws  of  two  thousand
 four,  a  minimum of twenty-five percent of the revenues received by the
 state pursuant to the state's compact with the St.  Regis  Mohawk  tribe
 shall  be  made  available to the counties of Franklin and St. Lawrence,
 and affected towns in such counties. Each such county and  its  affected
 towns  shall  receive  fifty percent of the moneys made available by the
 state; and (b) support and services of treatment  programs  for  persons
 suffering from gambling addictions. Moneys not [appropriated] SEGREGATED
 for  such  purposes  shall  be  transferred  to the general fund for the
 support of government during the fiscal year in which they are received.
 

S 2. Subdivision 3 of section  99-h  of  the  state  finance  law,  as
 amended  by  section  1  of part V of chapter 59 of the laws of 2006, is
 amended to read as follows:

 3. Moneys of the account, following [appropriation] THE SEGREGATION OF
 APPROPRIATIONS ENACTED  by  the  legislature,  shall  be  available  for
 purposes including but not limited to: (a) reimbursements or payments to
 municipal  governments  that  host  tribal casinos pursuant to a tribal
 state compact for costs incurred in connection with services provided to
 such casinos or arising as a result thereof,  for  economic  development
 opportunities  and  job  expansion  programs authorized by the executive
 law; provided, however, that for any  gaming  facility  located  in  the
 county of Erie or Niagara, the municipal governments hosting the facili
 ty  shall  collectively  receive a minimum of twenty-five percent of the
 negotiated percentage of the net drop from electronic gaming devices the
 state receives pursuant to the compact and provided further that for any
 gaming facility located in the county or counties of Cattaraugus,  Chau
 tauqua  or  Allegany, the municipal governments of the state hosting the
 facility shall collectively receive a minimum of twenty-five percent  of
 
       S. 2810--B                         21
 the negotiated percentage of the net drop from electronic gaming devices
 the  state  receives  pursuant to the compact; and provided further that
 pursuant to chapter five hundred ninety of  the  laws  of  two  thousand
 four,  a  minimum of twenty-five percent of the revenues received by the
 state pursuant to the state's compact with the St.  Regis  Mohawk  tribe
 shall  be  made  available to the counties of Franklin and St. Lawrence,
 and affected towns in such counties. Each such county and  its  affected
 towns  shall  receive  fifty percent of the moneys made available by the
 state; and (b) support and services of treatment  programs  for  persons
 suffering from gambling addictions. Moneys not [appropriated] SEGREGATED
 for  such  purposes  shall  be  transferred  to the general fund for the
 support of government during the fiscal year in which they are received.
 

S 3. Clause 5 of subparagraph (ii) of paragraph (a) of  subdivision  4
 of  section  99-h  of  the state finance law, as amended by section 2 of
 part QQ of chapter 59 of the  laws  of  2009,  is  amended  to  read  as
 follows:

 (5)  within  thirty-five days upon receipt of such funds by such city,
 one percent [or three  hundred  fifty  thousand  dollars,  whichever  is
 greater,]  of  the  total  annual  amount  received in each year, NOT TO
 EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS  ANNUALLY  shall  be  trans
 ferred  to  the  Niagara Falls Underground Railroad Heritage Commission,
 established pursuant to article forty-three of the parks, recreation and
 historic preservation law to be used for, but not limited  to,  develop
 ment,  capital  improvements, acquisition of real property, and acquisi
 tion of personal property within  the  heritage  area  in  the  city  of
 Niagara Falls as established pursuant to the commission; and
 

S 4. This act shall take effect immediately; provided that:

 (a)  the  amendments  to  subdivision  3  of section 99-h of the state
 finance law made by section one of this act  shall  be  subject  to  the
 expiration  and reversion of such section pursuant to section 2 of chap
 ter 747 of the laws of  2006,  as  amended,  when  upon  such  date  the
 provisions of section two of this act shall take effect; and
 (b)  the  amendments to clause 5 of subparagraph (ii) of paragraph (a)
 of subdivision 4 of section 99-h  of  the  state  finance  law  made  by
 section  three  of  this  act  shall  not  affect the expiration of such
 section and shall be deemed to expire therewith.
 PART X
 Intentionally omitted.
 PART Y
 

Section 1. Subdivisions 1 and 6 of section 408 of the general business
 law, as added by chapter 509 of the laws of 1992, are amended to read as
 follows:

 1. All licenses shall expire [two] FOUR years from the date  of  issu
 ance.
 6. Any license, which has not been suspended or revoked, may, upon the
 payment  of  the renewal fee, be renewed for additional periods of [two]
 FOUR years from its application, without further examination,  upon  the
 filing of an application for such renewal, on a form to be prescribed by
 the secretary.
 

S  2.  Subdivisions  1, 2 and 7 of section 409 of the general business
 law, subdivision 1 as amended by chapter 341 of the  laws  of  1998  and
 
       S. 2810--B                         22
 subdivisions  2  and  7 as added by chapter 509 of the laws of 1992, are
 amended to read as follows:

 1.  The  non-refundable fee for an application for a license to engage
 in the practice of nail specialty, waxing, natural hair styling, esthet
 ics or cosmetology, shall be [twenty] FORTY dollars  initially  and  for
 each  renewal  thereof  the fee shall be [twenty] FORTY dollars; the fee
 for a temporary license and each renewal shall be ten dollars.
 2. The fee for an appearance enhancement  business  license  shall  be
 [thirty]  SIXTY  dollars  initially  and [thirty] SIXTY dollars for each
 renewal thereof.
 7. The fees herein set forth shall be those for  licenses  issued  for
 the license period of [two] FOUR years.
 

S  3. Subdivisions 2 and 4 of section 437 of the general business law,
 subdivision 2 as amended by chapter 497 of the laws of 1985 and subdivi
 sion 4 as added by chapter 801 of the laws of 1946 and as renumbered  by
 chapter 263 of the laws of 1949, are amended to read as follows:

 2. A certificate of registration as an apprentice shall be for a peri
 od of [two] FOUR years.
 4.  A  certificate of registration expiring in any year, which has not
 been revoked, may, upon payment of the fee prescribed by  this  article,
 be  renewed  for  additional  periods of [two] FOUR years upon filing an
 application therefor and the certificate mentioned in subdivision two on
 condition, however, that no certificate of registration  may  be  issued
 after  one  renewal, unless the applicant for such certificate of regis
 tration has complied with all the provisions of this article relating to
 apprentices.
 

S 4. Subdivisions 1 and 4 of section 439 of the general business  law,
 subdivision 1 as amended by chapter 497 of the laws of 1985 and subdivi
 sion  4  as  amended  by chapter 243 of the laws of 1999, are amended to
 read as follows:

 1. All licenses, except temporary licenses, shall be for a  period  of
 [two] FOUR years.
 4.  Any  license or certificate, except a temporary license, which has
 not been suspended or revoked, may, upon the payment of the renewal  fee
 prescribed  by  this article, be renewed for additional periods of [two]
 FOUR years from its expiration, without further  examination,  upon  the
 filing  of  any application for such renewal, on a form to be prescribed
 by the secretary of state, accompanied by the  certificate  required  by
 paragraph  (c)  and  the certificate of completion required by paragraph
 (e-1) of subdivision one of section four  hundred  thirty-four  of  this
 article.
 

S 5. Subdivisions 1, 2, 4 and 8 of section 440 of the general business
 law,  as  amended by chapter 61 of the laws of 1989, are amended to read
 as follows:

 1. The fee for a license to engage in the practice of barbering  shall
 be  [twenty] FORTY dollars and for each renewal thereof the fee shall be
 [twenty] FORTY dollars.
 2. The fee for a license to conduct a barber shop  shall  be  [thirty]
 SIXTY  dollars  and  for  each renewal thereof the fee shall be [thirty]
 SIXTY dollars.
 4. The fee for the registration or the renewal of the registration  of
 an apprentice shall be [ten] TWENTY dollars.
 8.  The  fees hereinabove set forth shall be those for licenses issued
 for the license  period  of  [two]  FOUR  years.    Notwithstanding  the
 provisions  of  subdivision  one  of section four hundred thirty-nine of
 this article, after [January first, nineteen hundred  eighty-six]  APRIL
 
       S. 2810--B                         23
 FIRST,  TWO  THOUSAND  ELEVEN, the secretary of state shall assign stag
 gered expiration dates for outstanding licenses that have been previous
 ly renewed [on June thirtieth of each  year]  and  such  licenses  shall
 thereafter  expire  [two]  FOUR  years  from  the  assigned  date unless
 renewed. [If the assigned date results in a term  that  exceeds  twenty-
 four  months,  the applicant shall pay an additional prorated adjustment
 together with the regular renewal fee.] The  secretary  of  state  shall
 assign  dates  to  existing licenses in a manner which shall result in a
 term of not less than [two] FOUR years.
 

S 6. This act shall take effect immediately.
 PART Z
 

Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 104 to read as follows:

 

S  104. ELECTRONIC REAL PROPERTY TAX ADMINISTRATION. 1.  NOTWITHSTAND
 ING ANY PROVISION OF LAW TO THE CONTRARY,  THE  COMMISSIONER  IS  HEREBY
 AUTHORIZED  TO  ESTABLISH  STANDARDS  FOR  ELECTRONIC  REAL PROPERTY TAX
 ADMINISTRATION (E-RPT). SUCH STANDARDS SHALL SET  FORTH  THE  TERMS  AND
 CONDITIONS  UNDER  WHICH THE VARIOUS TASKS ASSOCIATED WITH REAL PROPERTY
 TAX ADMINISTRATION MAY BE EXECUTED ELECTRONICALLY, DISPENSING  WITH  THE
 NEED  FOR  PAPER  DOCUMENTS. SUCH TASKS SHALL INCLUDE BUT NOT BE LIMITED
 TO:

 (A) THE FILING OF EXEMPTION APPLICATIONS;
 (B) THE FILING OF PETITIONS FOR ADMINISTRATIVE REVIEW OF ASSESSMENTS;
 (C) THE FILING OF PETITIONS FOR JUDICIAL REVIEW OF ASSESSMENTS;
 (D) THE FILING  OF  APPLICATIONS  FOR  ADMINISTRATIVE  CORRECTIONS  OF
 ERRORS;
 (E) THE ISSUANCE OF STATEMENTS OF TAXES;
 (F)  THE  PAYMENT OF TAXES, SUBJECT TO THE PROVISIONS OF SECTIONS FIVE
 AND FIVE-B OF THE GENERAL MUNICIPAL LAW;
 (G) THE PROVISION OF RECEIPTS FOR THE PAYMENT OF TAXES;
 (H) THE ISSUANCE  OF  TAXPAYER  NOTICES  REQUIRED  BY  LAW,  INCLUDING
 SECTIONS  FIVE HUNDRED EIGHT, FIVE HUNDRED TEN, FIVE HUNDRED TEN-A, FIVE
 HUNDRED ELEVEN, FIVE HUNDRED TWENTY-FIVE AND  FIVE  HUNDRED  FIFTY-ONE-A
 THROUGH FIVE HUNDRED FIFTY-SIX-B OF THIS CHAPTER; AND
 (I)  THE  FURNISHING  OF  NOTICES  AND CERTIFICATES UNDER THIS CHAPTER
 RELATING TO STATE EQUALIZATION  RATES,  RESIDENTIAL  ASSESSMENT  RATIOS,
 SPECIAL  FRANCHISE  ASSESSMENTS, RAILROAD CEILINGS, TAXABLE STATE LANDS,
 ADVISORY APPRAISALS, AND  THE  CERTIFICATION  OF  ASSESSORS  AND  COUNTY
 DIRECTORS OR REAL PROPERTY TAX SERVICES.
 2.  SUCH  STANDARDS  SHALL  BE DEVELOPED AFTER CONSULTATION WITH LOCAL
 GOVERNMENT OFFICIALS, THE OFFICE OF COURT ADMINISTRATION AND THE  OFFICE
 OF THE STATE COMPTROLLER.
 3. (A) TAXPAYERS SHALL NOT BE OBLIGED TO ACCEPT NOTICES, STATEMENTS OF
 TAXES,  RECEIPTS  FOR THE PAYMENT OF TAXES, OR OTHER DOCUMENTS ELECTRON
 ICALLY UNLESS THEY HAVE SO ELECTED. TAXPAYERS WHO HAVE  NOT  SO  ELECTED
 SHALL  BE  SENT  SUCH COMMUNICATIONS IN THE MANNER OTHERWISE PROVIDED BY
 LAW.
 (B) THE GOVERNING BOARD OF ANY LOCAL GOVERNMENT  MAY,  BY  LOCAL  LAW,
 ORDINANCE OR RESOLUTION, DETERMINE THAT IT IS IN THE PUBLIC INTEREST AND
 AUTHORIZE  SUCH LOCAL GOVERNMENT TO PROVIDE FOR ELECTRONIC REAL PROPERTY
 TAX ADMINISTRATION.  UPON  AUTHORIZATION  SUCH  LOCAL  GOVERNMENT  SHALL
 COMPLY WITH REGULATIONS AND PROCEDURES SET FORTH BY THE COMMISSIONER.
 (C)  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, ASSESSORS
 AND OTHER MUNICIPAL OFFICIALS, SPECIAL  FRANCHISE  OWNERS  AND  RAILROAD
 
       S. 2810--B                         24
 COMPANIES  SHALL BE OBLIGED, UPON THEIR OPTION, TO ACCEPT AND RESPOND TO
 COMMUNICATIONS FROM THE COMMISSIONER ELECTRONICALLY.
 (D)  THE  STANDARDS  PRESCRIBED  BY  THE COMMISSIONER PURSUANT TO THIS
 SECTION SHALL PROVIDE FOR THE COLLECTION OF ELECTRONIC CONTACT  INFORMA
 TION,  SUCH  AS  E-MAIL  ADDRESSES AND/OR SOCIAL NETWORK USERNAMES, FROM
 TAXPAYERS WHO HAVE  ELECTED  TO  RECEIVE  ELECTRONIC  COMMUNICATIONS  IN
 ACCORDANCE  WITH  THE PROVISIONS OF THIS SECTION. SUCH INFORMATION SHALL
 BE EXEMPT FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH SECTION  EIGHTY-NINE
 OF THE PUBLIC OFFICERS LAW.
 4.  WHEN  A DOCUMENT HAS BEEN TRANSMITTED ELECTRONICALLY IN ACCORDANCE
 WITH THE PROVISIONS OF THIS SECTION AND THE  STANDARDS  ADOPTED  BY  THE
 COMMISSIONER  HEREUNDER,  IT  SHALL  BE DEEMED TO SATISFY THE APPLICABLE
 LEGAL REQUIREMENTS TO THE SAME EXTENT AS IF IT HAD BEEN MAILED  VIA  THE
 UNITED STATES POSTAL SERVICE.
 

S  2.  Subdivision  1  of section 500 of the real property tax law, as
 amended by chapter 479 of the laws  of  2008,  is  amended  to  read  as
 follows:

 1.  The assessors in each city and town shall maintain an inventory of
 all the real property located therein including the names of the  owners
 thereof and complete an annual update thereto on or before the first day
 of March. The physical characteristics of real property included in such
 inventory  shall  constitute  a public record and shall be available for
 public inspection and copying in accordance with paragraph (b) of subdi
 vision two of section eighty-seven of the public officers law except  as
 provided  in paragraphs (d) and (f) of subdivision two of section eight
 y-seven of the public officers law. Disclosure  of  the  inventory  data
 shall  not  be considered an unwarranted invasion of personal privacy as
 defined in subdivision two of section eighty-nine of the public officers
 law.  FOR ASSESSMENT ROLLS WITH TAXABLE STATUS DATES  OCCURRING  ON  AND
 AFTER  MARCH  FIRST,  TWO THOUSAND TWELVE, ALL SUCH RECORDS MAY BE MAIN
 TAINED  ELECTRONICALLY,  AT  LOCAL  GOVERNMENT  OPTION,  IN   A   FORMAT
 PRESCRIBED OR APPROVED BY THE COMMISSIONER.
 

S  3.  The  opening  paragraph  of  paragraph  (a) of subdivision 1 of
 section 922 of the real property tax law, as amended  by  section  5  of
 part  B  of  chapter  389  of  the  laws  of 1997, is amended to read as
 follows:

 Upon receipt of the tax roll and warrant, the collecting officer shall
 mail OR, SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED FOUR  OF  THIS
 CHAPTER,  TRANSMIT  ELECTRONICALLY to each owner of real property at the
 tax billing address listed thereon a statement  showing  the  amount  of
 taxes due on the property. The statement must contain:

 

S  4.  Subdivision  1  of section 925 of the real property tax law, as
 separately amended by chapters 513 and 568  of  the  laws  of  2002,  is
 amended to read as follows:

 1.  (A)  Notwithstanding any contrary provision of this chapter, or of
 any general, special or local law, code or charter, if payment  for  the
 amount  of  any  taxes on real property, accompanied by the statement of
 such taxes, is enclosed in a postpaid wrapper properly addressed to  the
 appropriate  collecting  officer  and  is  deposited in a post office or
 official depository under the exclusive care and custody of  the  United
 States  [post office] POSTAL SERVICE, such payment shall, upon delivery,
 be deemed to have been made to such officer on the date  of  the  United
 States postmark on such wrapper. If the postmark does not appear on such
 wrapper  or  the  postmark  is illegible such payment shall be deemed to
 have been made on the date of delivery to such  collecting  officer.  As
 
       S. 2810--B                         25
 used in this section, "taxes on real property" includes special ad valo
 rem levies and special assessments.
 (B)  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT APPLY TO A PAYMENT
 THAT HAS BEEN MADE ELECTRONICALLY PURSUANT  TO  SECTION  FIVE-B  OF  THE
 GENERAL MUNICIPAL LAW, BUT SHALL APPLY TO A PAYMENT THAT HAS BEEN MAILED
 VIA  THE  UNITED STATES POSTAL SERVICE BY A FINANCIAL INSTITUTION ACTING
 PURSUANT TO INSTRUCTIONS GIVEN TO IT BY A TAXPAYER ELECTRONICALLY.
 

S 5.

Section 925-c of the real property tax law, as added  by  section
 11  of  part  X of chapter 62 of the laws of 2003, is amended to read as
 follows:

 

S 925-c. Payment  of  real  property  taxes  via  the  internet.  [1.]
 Notwithstanding any contrary provision of this chapter, or of any gener
 al[,]  OR  special  [or local] law, [code or charter, if payment for the
 amount of any taxes on real property, accompanied by sufficient language
 to identify the property and tax levy, is  received  via  the  internet,
 such  payment is considered received by the appropriate officer and paid
 by the taxpayer at the time the internet transaction  is  completed  and
 sent by the taxpayer.
 2.  Any  local  government  authorizing  the  payment of taxes via the
 internet pursuant to section five-b of the general municipal  law  shall
 provide  a confirmation page to the taxpayer following the completion of
 the internet transaction.  Such  confirmation  page  shall  include,  at
 least, the following:
 (a)  the  date the transaction was completed and sent by the taxpayer;
 and
 (b) a notice to the taxpayer to print out and retain the  confirmation
 page  as  his  or  her  receipt] REAL PROPERTY TAXES MAY BE PAID VIA THE
 INTERNET UNDER THE TERMS AND CONDITIONS SET FORTH IN SECTION  FIVE-B  OF
 THE GENERAL MUNICIPAL LAW.
 

S  6.  Subdivisions  3 and 3-a of section 955 of the real property tax
 law, subdivision 3 as amended by section 7 of part B of chapter  389  of
 the laws of 1997 and subdivision 3-a as added by chapter 365 of the laws
 of 2010, are amended to read as follows:

 3.  No  later than three weeks after a tax has been paid by a mortgage
 investing institution pursuant to this  title,  the  collecting  officer
 shall  deliver  [or], mail, OR, SUBJECT TO THE PROVISIONS OF SECTION ONE
 HUNDRED FOUR OF THIS CHAPTER, TRANSMIT ELECTRONICALLY a receipt  to  the
 mortgagor  for  whom the real property tax escrow account is maintained.
 Each such receipt shall be in the same format as a statement  of  taxes,
 except  that  the  word  "Paid" (or an equivalent word or words) and the
 date of payment shall be clearly displayed thereon.    The  receipt  may
 also  display,  if the collecting officer so elects, the name, title and
 signature (or initials) of the collecting officer or of  the  authorized
 subordinate who received the payment.
 [3-a.  (a)  The  collecting  officer shall deliver or mail the receipt
 required under subdivision three  of  this  section  unless  a  taxpayer
 requests  to  receive  such  receipt  electronically,  in which case the
 collecting officer shall make an electronic  receipt  available  to  the
 taxpayer.  The  collecting  officer  shall notify all taxpayers that any
 availability of electronic receipts does not preclude  a  taxpayer  from
 electing  to  receive a copy of his or her tax receipt in the mail or in
 person.
 (b) The provisions of paragraph (a) of this  subdivision  shall  apply
 only  to a city, town, or village which by local law provides that elec-
 tronic availability of such receipts shall be  an  authorized  means  of
 delivery.]
 
       S. 2810--B                         26
 

S  7.  Subdivision  1  of section 986 of the real property tax law, as
 amended by section 8 of part B of chapter 389 of the laws  of  1997,  is
 amended to read as follows:

 1.  The  collecting officer shall upon request or by notice on the tax
 bill of a person paying a  tax,  deliver  [or],  forward  by  mail,  OR,
 SUBJECT  TO  THE PROVISIONS OF SECTION ONE HUNDRED FOUR OF THIS CHAPTER,
 TRANSMIT ELECTRONICALLY a receipt to such person specifying the date  of
 such  payment,  the name of such person, the description of the property
 as shown on the tax roll, the name of the person to  whom  the  same  is
 assessed,  the amount of such tax and the date of delivery to such offi
 cer of the tax roll on account of which such tax was paid,  except  that
 the  collecting officer of the city of New York shall not be required to
 give such a receipt unless payment of a tax is made in money  or  unless
 the  person paying the tax makes a request therefor in writing.  Nothing
 contained in this subdivision shall prevent the collecting officer  from
 delivering  [or],  forwarding  by mail, OR TRANSMITTING ELECTRONICALLY a
 receipt to any person paying a tax who does not request such  a  receipt
 or  make a proper notation on the tax bill.  Provided, however, if a tax
 is paid by a mortgage investing institution pursuant to title three-A of
 this article, a receipt for each paid tax bill shall be delivered  [or],
 mailed,  OR  TRANSMITTED ELECTRONICALLY to the mortgagor pursuant to the
 provisions of section nine hundred fifty-five of this article.
 

S 8. Subdivision 1 of section 1590 of the real property  tax  law,  as
 amended by section 3 of part X of chapter 56 of the laws of 2010, and as
 further  amended by subdivision (b) of section 1 of part W of chapter 56
 of the laws of 2010, is amended to read as follows:

 1. (A) A municipal corporation, other than  a  school  district  or  a
 village,  which  prepares  assessment  rolls by means of electronic data
 processing, shall annually submit to the  commissioner  the  data  files
 used  in the preparation of each tentative and final assessment roll and
 summaries of the information from the final assessment roll including as
 a minimum the number of parcels, the total assessed value  thereof,  and
 the  total  taxable  assessed  value  thereof. Such information shall be
 submitted within ten days of the time of filing the tentative  or  final
 assessment roll, as provided for pursuant to section five hundred six or
 five  hundred sixteen of this chapter or such other law as may be appli
 cable.
 (B)(I) In addition, if the assessing unit maintains  a  website,  then
 within ten days of the filing of the tentative assessment roll, it shall
 post a copy of such roll on its website, with a link thereto prominently
 displayed  on  its  home  page, and shall not remove the same before the
 final assessment roll has been filed. In lieu of posting a copy of  such
 roll on its website, the assessing unit may cause such copy to be posted
 on  the website of the county in which it is located for the same period
 of time as otherwise required by this subdivision, provided that a  link
 thereto  shall  be prominently displayed on the website of the assessing
 unit.
 (II) IF THE ASSESSING UNIT DOES NOT MAINTAIN A WEBSITE,  THEN,  WITHIN
 TEN  DAYS OF THE FILING OF THE TENTATIVE ASSESSMENT ROLL, IT SHALL CAUSE
 A COPY OF SUCH ROLL TO BE POSTED ON THE WEBSITE OF THE COUNTY  IN  WHICH
 IT  IS LOCATED FOR THE SAME PERIOD OF TIME AS OTHERWISE REQUIRED BY THIS
 SUBDIVISION.
 (C) WITHIN TEN DAYS OF THE FILING OF THE FINAL  ASSESSMENT  ROLL,  THE
 ASSESSING UNIT SHALL CAUSE A COPY OF SUCH FINAL ROLL TO BE POSTED EITHER
 ON  ITS  OWN  WEBSITE OR ON THE COUNTY'S WEBSITE, IN THE SAME MANNER AND
 
       S. 2810--B                         27
 SUBJECT TO THE SAME CONDITIONS AS PROVIDED  IN  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION.
 

S 9. The real property tax law is amended by adding a new section 1591
 to read as follows:

 

S  1591. PARCEL-BASED E-GOVERNMENT DATA SYSTEM. 1. THE COMMISSIONER IS
 HEREBY AUTHORIZED TO  IMPLEMENT  A  PARCEL-BASED  ELECTRONIC  GOVERNMENT
 (E-GOVERNMENT) SYSTEM AS PROVIDED HEREIN; PROVIDED HOWEVER THAT PRIOR TO
 THE  IMPLEMENTATION OF SUCH A PARCEL-BASED E-GOVERNMENT DATA SYSTEM, THE
 COMMISSIONER SHALL SUBMIT TO THE LEGISLATURE A PLAN THAT  SHALL  INCLUDE
 AND DOCUMENT ALL ESTIMATED NECESSARY COSTS ASSOCIATED WITH THE IMPLEMEN
 TATION AND ADMINISTRATION OF SUCH A SYSTEM. LEGISLATIVE APPROVAL OF THIS
 PLAN SHALL BE REQUIRED BEFORE ANY STATE FUNDS ARE USED FOR THE IMPLEMEN
 TATION  AND  ADMINISTRATION  OF  SUCH  A  PARCEL-BASED E-GOVERNMENT DATA
 SYSTEM.
 2. THE SYSTEM SHALL COMPILE  ALL  ASSESSMENT-RELATED  DATA,  INCLUDING
 ASSESSMENT ROLLS, INVENTORY, AND SALES DATA.
 3. THE SYSTEM SHALL, AT A MINIMUM: (A) MAKE AVAILABLE TO ALL ASSESSING
 UNITS  AND  COUNTIES THE LATEST VERSION OF THE SOFTWARE DEVELOPED BY THE
 COMMISSIONER FOR PROCESSING  ASSESSMENT  DATA,  PROVIDED  THAT  SOFTWARE
 UPDATES SHALL BE INCORPORATED AS NEEDED THROUGH AN ELECTRONIC MEANS THAT
 SHALL REQUIRE NO ACTION ON THE PART OF THE USER;
 (B)  REDUCE  OR  ELIMINATE  THE INEFFICIENCIES AND REDUNDANCIES IN THE
 EXISTING SYSTEM, SUCH AS BY ENABLING ASSESSORS TO FILE REPORTS WITH  THE
 COMMISSIONER ELECTRONICALLY;
 (C)  BE A SECURE SYSTEM THAT IS ACCESSIBLE ONLY TO AUTHORIZED USERS OF
 GEOGRAPHICALLY  REFERENCED  PARCEL-LEVEL  INFORMATION,   PROVIDED   THAT
 DIFFERENT CLASSES OF USERS SHALL BE GIVEN DIFFERENT LEVELS OF ACCESS, AS
 DEFINED  BY  THE COMMISSIONER, LOCAL GOVERNMENTS SHALL HAVE UNRESTRICTED
 ACCESS TO THE DATA RELATING TO THE PROPERTY WITHIN  THEIR  BORDERS,  AND
 THE COMMISSIONER SHALL HAVE UNLIMITED ACCESS TO ALL DATA;
 (D) ENABLE ALL DATA QUERIES TO BE MADE IN A UNIFORM MANNER, REGARDLESS
 OF WHERE THE DATA MAY RESIDE; AND
 (E) ENSURE THAT ALL DATA IS REGULARLY BACKED UP FOR SECURITY PURPOSES.
 4.  THE  COMMISSIONER  IS  AUTHORIZED TO ENTER INTO SERVICE AGREEMENTS
 WITH LOCAL OFFICIALS TO ENSURE THAT THE SYSTEM MAINTAINS ITS FUNCTIONAL
 ITY AND THAT THE DATA THEREON IS KEPT CURRENT AND ACCESSIBLE.
 

S 10.

Section 5-b of the general municipal law, as added by section 10
 of part X of chapter 62 of the laws of 2003, subdivision 1 as amended by
 chapter 741 of the laws of 2005, is amended to read as follows:

 

S 5-b. Collection of fines, civil penalties, rent, rates, taxes, fees,
 charges and other amounts via the internet. 1. The  governing  board  of
 any  local  government,  as  that term is defined in section ten of this
 article, may, by local law, ordinance or resolution, determine  that  it
 is in the public interest and authorize such local government to provide
 for  the  acceptance  of  penalties, rents, rates, taxes, fees, charges,
 revenue, financial obligations or other  amounts,  including  penalties,
 special  assessments or interest via a municipal internet website OR THE
 WEBSITE OF A THIRD-PARTY VENDOR  THAT  HAS  CONTRACTED  WITH  THE  LOCAL
 GOVERNMENT  TO  RECEIVE SUCH PAYMENTS ON ITS BEHALF.  Submission via the
 internet may not, however, be  required  as  the  sole  method  for  the
 collection  of fines, civil penalties, rent, rates, taxes, fees, charges
 and other amounts. Such payments shall be accepted via the internet in a
 manner and condition defined by such local government. Any  method  used
 to  receive  internet  payments  shall  comply with article three of the
 state technology law and  any  rules  and  regulations  promulgated  and
 guidelines  developed thereunder and, at a minimum must (a) authenticate
 
       S. 2810--B                         28
 the identity of the sender; and (b) ensure the security of the  informa
 tion transmitted.
 2.  Any  local  government  authorizing  the  payment of taxes via the
 internet shall provide OR DIRECT ITS VENDOR TO  PROVIDE  a  confirmation
 page  to  the  taxpayer  following the completion of the internet trans
 action. Such confirmation page shall include, at least, the following:

 (a) the date the internet transaction was completed and  sent  by  the
 taxpayer; [and]
 (b) THE AMOUNT PAID;
 (C) A UNIQUE CONFIRMATION NUMBER; AND
 (D)  a  notice  [to] ADVISING the taxpayer to print out and retain the
 confirmation page as his or her receipt.
 3. Payments received via the internet shall be considered received  by
 the  appropriate officer and paid by the taxpayer at the time the inter
 net transaction is completed and sent by the taxpayer.
 4. The underlying debt,  lien,  obligation,  bill,  account  or  other
 amount  owed  to  the  local government for which payment by internet is
 accepted by the local  government  shall  not  be  expunged,  cancelled,
 released,  discharged or satisfied, and any receipt or other evidence of
 payment shall be deemed conditional,  until  the  local  government  has
 received final and unconditional payment of the full amount due.
 5.  The  governing board, in enacting a local law, ordinance or resol
 ution pursuant to this section, shall designate which of  its  officers,
 charged with the duty of collecting or receiving moneys on behalf of the
 local  government,  shall  be authorized to accept such payments via the
 internet.
 6. THE STATE COMPTROLLER MAY ISSUE SUCH GUIDELINES AS HE OR SHE  DEEMS
 APPROPRIATE GOVERNING THE USE OF THIRD PARTY VENDORS FOR THIS PURPOSE.
 

S 11. Subdivision 2 of section 89 of the public officers law, as added
 by  chapter 933 of the laws of 1977, subparagraph (iii) of paragraph (b)
 and subparagraph (iii) of paragraph (c) as amended and subparagraph (iv)
 of paragraph (c) as added by chapter 223 of the laws of  2008,  subpara
 graph (v) of paragraph (b) as amended and subparagraph (vi) of paragraph
 (b)  as  added by chapter 545 of the laws of 1998, is amended to read as
 follows:

 2. (a) The committee on public access to records may promulgate guide
 lines regarding  deletion  of  identifying  details  or  withholding  of
 records  otherwise  available  under this article to prevent unwarranted
 invasions of personal privacy. In the absence  of  such  guidelines,  an
 agency may delete identifying details when it makes records available.
 (b)  An  unwarranted  invasion of personal privacy includes, but shall
 not be limited to:

 i. disclosure of employment, medical or credit histories  or  personal
 references of applicants for employment;
 ii. disclosure of items involving the medical or personal records of a
 client or patient in a medical facility;
 iii.  sale  or  release  of lists of names and addresses if such lists
 would be used for solicitation or fund-raising purposes;
 iv. disclosure of information of a  personal  nature  when  disclosure
 would  result  in economic or personal hardship to the subject party and
 such information is not relevant to the work of the agency requesting or
 maintaining it; [or]
 v. disclosure of information of a personal nature reported  in  confi
 dence to an agency and not relevant to the ordinary work of such agency;
 [or]
 
       S. 2810--B                         29
 vi.  information  of a personal nature contained in a workers' compen
 sation record, except as provided by section one hundred  ten-a  of  the
 workers' compensation law; OR
 VII.  DISCLOSURE  OF ELECTRONIC CONTACT INFORMATION, SUCH AS AN E-MAIL
 ADDRESS OR A SOCIAL NETWORK USERNAME, THAT HAS  BEEN  COLLECTED  FROM  A
 TAXPAYER UNDER SECTION ONE HUNDRED FOUR OF THE REAL PROPERTY TAX LAW.
 (c) Unless otherwise provided by this article, disclosure shall not be
 construed  to  constitute  an  unwarranted  invasion of personal privacy
 pursuant to paragraphs (a) and (b) of this subdivision:

 i. when identifying details are deleted;
 ii. when the person to whom a record pertains consents in  writing  to
 disclosure;
 iii. when upon presenting reasonable proof of identity, a person seeks
 access to records pertaining to him or her; or
 iv.  when  a record or group of records relates to the right, title or
 interest in real property, or relates to the inventory, status or  char
 acteristics  of  real  property,  in which case disclosure and providing
 copies of such record or group of records shall not be deemed an  unwar
 ranted  invasion of personal privacy, PROVIDED THAT NOTHING HEREIN SHALL
 BE CONSTRUED TO AUTHORIZE THE DISCLOSURE OF ELECTRONIC CONTACT  INFORMA
 TION,  SUCH  AS AN E-MAIL ADDRESS OR A SOCIAL NETWORK USERNAME, THAT HAS
 BEEN COLLECTED FROM A TAXPAYER UNDER SECTION ONE  HUNDRED  FOUR  OF  THE
 REAL PROPERTY TAX LAW.
 

S  12.  The  tax  law is amended by adding a new section 35 to read as
 follows:

 

S 35. USE OF ELECTRONIC MEANS OF  COMMUNICATION.  NOTWITHSTANDING  ANY
 OTHER PROVISION OF NEW YORK STATE LAW, WHERE THE DEPARTMENT HAS OBTAINED
 AUTHORIZATION  OF AN ONLINE SERVICES ACCOUNT HOLDER, IN SUCH FORM AS MAY
 BE PRESCRIBED BY THE COMMISSIONER, THE  DEPARTMENT  MAY  USE  ELECTRONIC
 MEANS  OF  COMMUNICATION  TO FURNISH ANY DOCUMENT IT IS REQUIRED TO MAIL
 PER LAW OR REGULATION. IF THE  DEPARTMENT  FURNISHES  SUCH  DOCUMENT  IN
 ACCORDANCE  WITH  THIS  SECTION,  DEPARTMENT RECORDS OF SUCH TRANSACTION
 SHALL CONSTITUTE APPROPRIATE AND SUFFICIENT PROOF  OF  DELIVERY  THEREOF
 AND BE ADMISSIBLE IN ANY ACTION OR PROCEEDING.
 

S  13.  Subdivision  (b)  of  section  29  of the tax law, as added by
 section 1 of part UU1 of chapter 57 of the laws of 2008, is  amended  to
 read as follows:

 (b)(I)  If  a  tax  return  preparer  prepared  more  than one hundred
 original tax documents during any calendar year beginning  on  or  after
 January  first,  two  thousand seven, and if, in any succeeding calendar
 year that tax return preparer prepares one or more authorized tax  docu
 ments  using  tax  software, then, for that succeeding calendar year and
 for each subsequent calendar year thereafter, all authorized  tax  docu
 ments prepared by that tax return preparer must be filed electronically,
 in accordance with instructions prescribed by the commissioner.
 (II)  IF  A  TAX  RETURN  PREPARER PREPARED MORE THAN TEN ORIGINAL TAX
 DOCUMENTS DURING ANY CALENDAR YEAR BEGINNING ON OR AFTER JANUARY  FIRST,
 TWO  THOUSAND  ELEVEN,  AND IF, IN ANY SUCCEEDING CALENDAR YEAR THAT TAX
 RETURN PREPARER PREPARES ONE OR MORE AUTHORIZED TAX DOCUMENTS USING  TAX
 SOFTWARE,  THEN,  FOR  THAT SUCCEEDING CALENDAR YEAR AND FOR EACH SUBSE
 QUENT CALENDAR YEAR THEREAFTER, ALL AUTHORIZED TAX DOCUMENTS PREPARED BY
 THAT TAX RETURN PREPARER MUST BE  FILED  ELECTRONICALLY,  IN  ACCORDANCE
 WITH INSTRUCTIONS PRESCRIBED BY THE COMMISSIONER.
 

S  14.  Subparagraph  (A) of paragraph 10 of subsection (g) of section
 658 of the tax law is amended by adding a new clause (iii)  to  read  as
 follows:

 
       S. 2810--B                         30
 (III) IF A TAX RETURN PREPARER PREPARED MORE THAN TEN ORIGINAL RETURNS
 DURING  ANY CALENDAR YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU
 SAND ELEVEN, AND IF, IN ANY SUCCEEDING CALENDAR  YEAR  SUCH  TAX  RETURN
 PREPARER  PREPARES  ONE  OR  MORE AUTHORIZED RETURNS USING TAX SOFTWARE,
 THEN, FOR SUCH SUCCEEDING CALENDAR YEAR AND FOR EACH SUBSEQUENT CALENDAR
 YEAR  THEREAFTER,  ALL  AUTHORIZED  RETURNS  PREPARED BY SUCH TAX RETURN
 PREPARER SHALL BE FILED ELECTRONICALLY, IN ACCORDANCE WITH  INSTRUCTIONS
 PRESCRIBED BY THE COMMISSIONER.
 

S  15.  Subparagraph (A) of paragraph 10 of subdivision (g) of section
 11-1758 of the administrative code of the city of New York is amended by
 adding a new clause (iii) to read as follows:

 (III) IF A TAX RETURN PREPARER PREPARED MORE THAN TEN ORIGINAL RETURNS
 DURING ANY CALENDAR YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO  THOU
 SAND  ELEVEN,  AND  IF,  IN ANY SUCCEEDING CALENDAR YEAR SUCH TAX RETURN
 PREPARER PREPARES ONE OR MORE AUTHORIZED  RETURNS  USING  TAX  SOFTWARE,
 THEN, FOR SUCH SUCCEEDING CALENDAR YEAR AND FOR EACH SUBSEQUENT CALENDAR
 YEAR  THEREAFTER,  ALL  AUTHORIZED  RETURNS  PREPARED BY SUCH TAX RETURN
 PREPARER SHALL BE FILED ELECTRONICALLY, IN ACCORDANCE WITH  INSTRUCTIONS
 PRESCRIBED BY THE COMMISSIONER OF TAXATION AND FINANCE.
 

S 16. Subparagraph (A) of paragraph 3 of subsection (c) of section 658
 of the tax law, as amended by section 1 of part H-1 of chapter 57 of the
 laws of 2009, is amended to read as follows:

 (A)  Every  subchapter  K  limited  liability  company,  every limited
 liability company that is a disregarded entity for  federal  income  tax
 purposes,  and  every  partnership which has any income derived from New
 York sources, determined in accordance  with  the  applicable  rules  of
 section  six  hundred  thirty-one  of  this  article as in the case of a
 nonresident individual, shall, within [thirty] SIXTY days after the last
 day of the taxable year, make a payment of a filing fee. The  amount  of
 the filing fee is the amount set forth in subparagraph (B) of this para
 graph.  The  minimum filing fee is twenty-five dollars for taxable years
 beginning in two thousand eight and thereafter. Limited liability compa
 nies that are disregarded entities for federal income tax purposes  must
 pay  a  filing fee of twenty-five dollars for taxable years beginning on
 or after January first, two thousand eight.
 

S 17. This act shall take effect immediately.
 PART AA
 

Section 1. Subdivision 2 of section 14-1 of the transportation law  is
 amended by adding a new paragraph (j) to read as follows:

 (J)  ANY  FUNDS  APPROPRIATED FOR STATE AID TO MUNICIPAL CORPORATIONS,
 PRIVATE AIRPORTS AS AUTHORIZED BY SECTION FOURTEEN-H OF THIS ARTICLE AND
 FOR PAYMENT OF THE COST OF PROJECTS AT STEWART AND REPUBLIC AIRPORTS MAY
 ALSO BE UTILIZED  FOR  GRANTS  TO  MUNICIPAL  CORPORATIONS  AND  PRIVATE
 AIRPORTS  FOR THE COST OF PROJECTS AUTHORIZED BY THIS SECTION, INCLUDING
 THE ACQUISITION OF REAL PROPERTY AND LIABILITIES INCURRED PRIOR TO APRIL
 FIRST, TWO THOUSAND ELEVEN; PROVIDED, HOWEVER, THAT FUNDS AVAILABLE  FOR
 THIS  PURPOSE  SHALL NOT EXCEED THE AMOUNT BY WHICH FOUR MILLION DOLLARS
 EXCEEDS THE SUM OF THE AMOUNT IN STATE FISCAL YEAR TWO THOUSAND  ELEVEN
 -TWO  THOUSAND  TWELVE NECESSARY FOR THE STATE SHARE OF FEDERAL PROJECTS
 PROVIDED PURSUANT TO SECTION FOURTEEN-H OF THIS ARTICLE AND  THE  AMOUNT
 IN  SUCH STATE FISCAL YEAR REQUIRED FOR PAYMENT OF THE COSTS OF PROJECTS
 AT STEWART AND REPUBLIC AIRPORTS, UPON CERTIFICATION BY THE COMMISSIONER
 AT THE END OF THE CALENDAR YEAR.
 

S 2. This act shall take effect immediately.
 
       S. 2810--B                         31
 PART BB
 

Section  1.  The transportation law is amended by adding a new section
 23 to read as follows:

 

S 23. SIGN PROPERTY LICENSING; CERTAIN CITIES.  1.  AS  USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL MEAN:

 (A) "CITY" MEANS A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
 (B) "MAINTAIN" MEANS THE MAINTENANCE OF A SIGN PROPERTY INCLUDING, BUT
 NOT LIMITED TO, THE INSTALLATION, MAINTENANCE AND REMOVAL OF ON-PREMISES
 AND OFF-PREMISES ADVERTISING COPY ON A SIGN PROPERTY.
 (C)  "SIGN  PROPERTY" MEANS AND INCLUDES BILLBOARDS, BULLETINS, WALLS
 CAPES, OR ANY OTHER LARGE FORMAT STATIC OR DIGITAL SIGN.
 2. NO OUTDOOR ADVERTISING COMPANY SHALL MAINTAIN A SIGN PROPERTY IN  A
 CITY  UNLESS THE DEPARTMENT HAS ISSUED AN OUTDOOR ADVERTISING LICENSE TO
 THE COMPANY FOR EACH SUCH PROPERTY MAINTAINED. FURTHERMORE, THE  MAINTE
 NANCE  OF  A SIGN PROPERTY IN A CITY SHALL ONLY BE AUTHORIZED DURING THE
 TERM OF THE OUTDOOR ADVERTISING LICENSE ISSUED THEREFOR. NO  CITY  SHALL
 IMPOSE  ANY  ADDITIONAL  LICENSING REQUIREMENT FOR SIGN PROPERTIES OTHER
 THAN THOSE CONTAINED IN THIS SECTION, AND THE PROVISIONS OF THIS SECTION
 SHALL PREEMPT AND SUPERSEDE ANY LOCAL LAW, CODE OR ORDINANCE.
 3. AN OUTDOOR ADVERTISING LICENSE MAY BE ISSUED FOR  A  SIGN  PROPERTY
 UPON THE APPLICATION OF THE OUTDOOR ADVERTISING COMPANY SUBMITTED TO THE
 DEPARTMENT.  THE  APPLICATION  SHALL  BE  IN  SUCH FORM AND INCLUDE SUCH
 INFORMATION AS THE DEPARTMENT SHALL DETERMINE. IN  ADDITION,  EACH  SUCH
 APPLICATION SHALL BE SUBMITTED WITH THE APPROPRIATE ANNUAL LICENSING FEE
 AS FOLLOWS:

 (A) FOR STATIC SIGN FACES:

 (I)  WITH  A SURFACE AREA OF LESS THAN TWO HUNDRED TWENTY SQUARE FEET:

 THREE DOLLARS AND FIFTY CENTS PER SQUARE FOOT OF SURFACE AREA;
 (II) WITH A SURFACE AREA OF TWO HUNDRED TWENTY OR  MORE  SQUARE  FEET,
 BUT  LESS  THAN  SIX  HUNDRED SEVENTY-TWO SQUARE FEET: THREE DOLLARS AND
 SEVENTY-FIVE CENTS PER SQUARE FOOT OF SURFACE AREA;
 (III) WITH A SURFACE AREA OF SIX HUNDRED SEVENTY-TWO  OR  MORE  SQUARE
 FEET,  BUT  NOT  MORE  THAN  ONE  THOUSAND ONE HUNDRED SQUARE FEET: FOUR
 DOLLARS PER SQUARE FOOT OF SURFACE AREA;
 (IV) WITH A SURFACE AREA OF MORE THAN ONE THOUSAND ONE HUNDRED  SQUARE
 FEET:  FOUR  DOLLARS  AND  TWENTY-FIVE  CENTS PER SQUARE FOOT OF SURFACE
 AREA; OR
 (B) FOR DIGITAL SIGN FACES: EIGHT DOLLARS AND FIFTY CENTS  PER  SQUARE
 FOOT OF SURFACE AREA; AND
 (C) AN ADDITIONAL FEE OF ONE HUNDRED DOLLARS FOR EACH LATE APPLICATION
 FOR  AN  OUTDOOR  ADVERTISING LICENSE OR RENEWAL THEREOF, IF ACCEPTED BY
 THE DEPARTMENT.
 4. UPON RECEIPT OF AN APPLICATION AND THE APPROPRIATE FEE PURSUANT  TO
 THIS  SECTION,  THE DEPARTMENT SHALL MARK SUCH APPLICATION WITH THE DATE
 AND TIME THE APPLICATION WAS  RECEIVED.  THE  DEPARTMENT  SHALL  MAKE  A
 DETERMINATION  OF WHETHER TO APPROVE OR DENY EACH APPLICATION WITHIN ONE
 HUNDRED EIGHTY DAYS OF THE  RECEIPT  THEREOF.  ANY  DETERMINATION  WHICH
 EXCEEDS SUCH PERIOD OF TIME SHALL BE DEEMED AN APPROVAL.
 5.  IN  THE EVENT OF THE LOSS, MUTILATION OR DESTRUCTION OF AN OUTDOOR
 ADVERTISING LICENSE, UPON THE FILING OF A STATEMENT  OF  THE  HOLDER  OF
 SUCH  LICENSE,  PROOF  OF SUCH FACTS AS THE DEPARTMENT MAY REQUIRE AND A
 FEE OF FIFTY DOLLARS, THE DEPARTMENT SHALL ISSUE A DUPLICATE OR  SUBSTI
 TUTE LICENSE.
 6.  ANY  OUTDOOR  ADVERTISING  COMPANY  WHICH UTILIZES A SIGN PROPERTY
 WHICH WAS ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS  SECTION  PURSUANT
 
       S. 2810--B                         32
 TO ANY PERMITS ISSUED BY THE DEPARTMENT OF BUILDINGS OF A CITY, SHALL BE
 ENTITLED  TO THE ISSUANCE OF A LICENSE PURSUANT TO THIS SECTION FOR SUCH
 SIGN PROPERTY AS A MATTER OF RIGHT AND RENEWALS  THEREOF  IN  ACCORDANCE
 WITH THIS SECTION. FURTHERMORE, DURING THE PENDENCY OF THE DETERMINATION
 BY  THE  DEPARTMENT UPON AN APPLICATION FOR A LICENSE RELATING TO A SIGN
 PROPERTY IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS  SECTION,  THE
 OUTDOOR ADVERTISING COMPANY MAINTAINING SUCH SIGN PROPERTY SHALL CONTIN
 UE TO MAINTAIN THE SIGN PROPERTY.
 

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

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

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

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

Section 1. Subdivisions 5, 6, 7 and 8 of section 27-1007 of the  envi
 ronmental  conservation law, as added by section 4 of part SS of chapter
 59 of the laws of 2009, are amended and a new subdivision 12 is added to
 read as follows:

 5. A deposit initiator's or distributor's failure  to  pick  up  empty
 beverage  containers[, including containers processed in a reverse vend-
 ing machine,] from a redemption center, dealer  or  the  operator  of  a
 reverse vending machine, shall be a violation of this title.
 6.  In  addition to the refund value of a beverage container as estab
 lished by section 27-1005 of this title, a deposit initiator  shall  pay
 to any dealer or operator of a redemption center a handling fee of three
 and  one-half  cents for each beverage container accepted by the deposit
 initiator from such dealer or operator of a redemption center.   Payment
 of  the  handling  fee shall be as compensation for collecting, sorting,
 SEPARATING PLASTIC CONTAINERS FROM GLASS AND SEPARATING GLASS CONTAINERS
 BY COLOR, and packaging of empty beverage containers for transport  back
 to  the  deposit  initiator or its designee. Payment of the handling fee
 may not be conditioned on the purchase of any goods  or  services[,  nor
 may  such  payment  be  made out of the refund value account established
 pursuant to section 27-1012 of this title]. A distributor who  does  not
 initiate deposits on a type of beverage container is considered a dealer
 only  for  the purpose of receiving a handling fee from a deposit initi
 ator.
 7. A deposit initiator on a brand shall accept from a distributor  who
 does  not  initiate deposits on that brand any empty beverage containers
 of that brand accepted by the distributor from a dealer or operator of a
 redemption center and shall reimburse the distributor the  refund  value
 of  each  such  beverage container, as established by section 27-1005 of
 this title. In addition, the  deposit  initiator  shall  reimburse  such
 distributor  for  each  such  beverage container the handling fee estab
 lished under subdivision six of  this  section.  [Without  limiting  the
 rights  of  the department or any person, firm or corporation under this
 
       S. 2810--B                         33
 subdivision or any other provision of this section, a distributor  shall
 have  a  civil  right  of action to enforce this subdivision, including,
 upon three days notice, the right to apply for temporary and preliminary
 injunctive  relief against continuing violations, and until arrangements
 for collection and return of empty containers or reimbursement  of  such
 distributor for such deposits and handling fees are made.]
 8.  [It  shall  be  the  responsibility  of  the  deposit initiator or
 distributor to provide to a dealer or  redemption  center  a  sufficient
 number  of  bags, cartons, or other suitable containers, at no cost, for
 the packaging, handling and pickup of empty beverage containers that are
 not redeemed through a reverse vending machine. The  bags,  cartons,  or
 containers must be provided by the deposit initiator or distributor on a
 schedule  that allows the dealer or redemption center sufficient time to
 sort the empty beverage containers prior  to  pick  up  by  the  deposit
 initiator or distributor. In addition:]
 (a) [When picking up empty beverage containers, a deposit initiator or
 distributor  shall  not  require  a  dealer or redemption center to load
 their own bags, cartons or containers onto or into  the  deposit  initi-
 ator's  or  distributor's  vehicle  or  vehicles or provide the staff or
 equipment needed to do so.
 (b)] A deposit initiator or distributor [shall not] MAY require  empty
 containers  to be counted at a location other than the redemption center
 or dealer's place of business. The dealer  or  redemption  center  shall
 have the right to be present at the count.
 [(c)]  (B)  A  deposit  initiator  or  distributor shall pick up empty
 beverage containers from the dealer or redemption center  at  reasonable
 times and intervals as determined in rules or regulations promulgated by
 the department.
 12.  NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION TO THE CONTRA
 RY, WITH RESPECT TO EMPTY  BEVERAGE  CONTAINERS  OF  BEVERAGES  SOLD  OR
 CONSUMED  ON-PREMISES  OR  AT  OUTDOOR  OR INDOOR GATHERINGS, FUNCTIONS,
 OCCASIONS OR EVENTS, NO HANDLING FEE SHALL BE PAYABLE TO  ANY  DISTRIBU
 TOR, DEALER OR OPERATOR OF A REDEMPTION CENTER.
 

S  2. 

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

 

S 27-1012. [Deposit  and  disposition]  DISPOSITION  of  refund  values;
 registration; reports.
 1.  [Each deposit initiator shall deposit in a refund value account an
 amount equal to the refund value initiated under section 27-1005 of this
 title which is received with respect to each beverage container sold  by
 such deposit initiator. Such deposit initiator shall hold the amounts in
 the  refund value account in trust for the state. A refund value account
 shall be an interest-bearing account established in a  banking  institu-
 tion  located  in  this  state,  the deposits in which are insured by an
 agency of the federal government. Deposits  of  such  amounts  into  the
 refund  value  account shall be made not less frequently than every five
 business days. All interest, dividends and returns earned on the  refund
 value  account  shall  be paid directly into said account. The monies in
 such accounts shall be kept separate and apart from all other monies  in
 the  possession  of  the deposit initiator. The commissioner of taxation
 and finance may specify a system of accounts and  records  to  be  main-
 tained with respect to accounts established under this subdivision.
 2. Payments of refund values pursuant to section 27-1007 of this title
 shall  be  paid  from  each deposit initiator's refund value account. No
 
       S. 2810--B                         34
 other payment or withdrawal from such account  may  be  made  except  as
 prescribed by this section.
 3.]  Each  deposit  initiator  shall  file  quarterly reports with the
 commissioner of taxation and  finance  on  a  form  and  in  the  manner
 prescribed  by  such  commissioner.  The  commissioner  of  taxation and
 finance may require such reports to be filed electronically.  The  quar
 terly  reports required by this subdivision shall be filed for the quar
 terly periods ending on the last day of May, August, November and Febru
 ary of each year, and each such report shall be filed within twenty days
 after the end of the quarterly period covered thereby. Each such  report
 shall  include  all information such commissioner shall determine appro
 priate including but not limited to the following information:

 a. [the balance in the refund value account at the  beginning  of  the
 quarter for which the report is prepared;
 b.  all  such  deposits  credited  to the refund value account and all
 interest, dividends or returns received on  such  account,  during  such
 quarter;
 c.  all withdrawals from the refund value account during such quarter,
 including all reimbursements paid pursuant to subdivision  two  of  this
 section,  all  service  charges  on  the  account, and all payments made
 pursuant to subdivision four of this section; and
 d. the balance in the refund value account at the close of such  quar-
 ter.]  THE  NUMBER OF CONTAINERS REQUIRED TO HAVE A REFUND VALUE SOLD BY
 THE DEPOSIT INITIATOR DURING THE QUARTERLY PERIOD;
 B. THE NUMBER OF CONTAINERS THAT WERE REDEEMED BY THE  DEPOSIT  INITI
 ATOR DURING THE QUARTERLY PERIOD;
 C. THE NUMBER OF CONTAINERS THAT WERE UNREDEEMED BY THE DEPOSIT INITI
 ATOR DURING THE QUARTERLY PERIOD; AND
 D.  THE  AMOUNTS  PAID  TO  ANY  DISTRIBUTOR,  DEALER OR OPERATOR OF A
 REDEMPTION CENTER FOR HANDLING FEES DURING THE QUARTER.
 [4.] 2. a. Quarterly payments. [An] PAYMENTS OF REFUND VALUES PURSUANT
 TO SECTION 27-1007 OF THIS TITLE, IN AN amount equal to  eighty  percent
 of  the  [balance  outstanding  in  the refund value account] UNREDEEMED
 DEPOSITS HELD BY A DEPOSIT INITIATOR at the close of each quarter  shall
 be  paid  to  the  commissioner  of taxation and finance at the time the
 report provided for in  subdivision  [three]  ONE  of  this  section  is
 required  to  be  filed.  The  commissioner  of taxation and finance may
 require that the payments be made electronically. The  remaining  twenty
 percent of the balance outstanding at the close of each quarter shall be
 the  monies  of  the  deposit  initiator [and may be withdrawn from such
 account by the deposit initiator]. If the  provisions  of  this  section
 with  respect  to  such  account have not been fully complied with, each
 deposit initiator shall pay to such commissioner at such time,  in  lieu
 of  the  amount  described in the preceding sentence, an amount equal to
 the balance which would have been outstanding  on  such  date  had  such
 provisions  been  fully  complied with. The commissioner of taxation and
 finance may require that the payments be made electronically.
 b. [Refund value account shortfall] OVER REDEMPTION.  In the  event  a
 deposit  initiator  pays  out  more in refund values than it collects in
 deposits of refund values during the course of  a  quarterly  period  as
 described in subdivision [three] ONE of this section, the deposit initi
 ator  may apply to the commissioner of taxation and finance for a refund
 of the amount of such excess payment  of  refund  values  [from  sources
 other  than  the refund value account], in the manner as provided by the
 commissioner of taxation and finance. A deposit initiator must apply for
 a refund no later than twelve months after the due date for  filing  the
 
       S. 2810--B                         35
 quarterly  report for the quarterly period for which the refund claim is
 made. No interest shall be payable for any refund paid pursuant to  this
 paragraph.
 c. Final report. A deposit initiator who ceases to do business in this
 state as a deposit initiator shall file a final report and remit payment
 of eighty percent of all [amounts remaining in the refund value account]
 REFUND  VALUES  HELD  BY  THE  DEPOSIT  INITIATOR as of the close of the
 deposit initiator's last day of business. The commissioner  of  taxation
 and  finance  may  require that the payments be made electronically. The
 deposit initiator shall indicate on the  report  that  it  is  a  "final
 report".  The  final  report is due to be filed with payment twenty days
 after the close of the quarterly period in which the  deposit  initiator
 ceases  to do business. In the event the deposit initiator pays out more
 in refund values than it collects in such final  quarterly  period,  the
 deposit  initiator may apply to the commissioner of taxation and finance
 for a refund of the amount of such excess payment of refund values [from
 sources other than the refund value account,] in the manner as  provided
 by the commissioner of taxation and finance.
 [5.] 3. All monies collected or received by the department of taxation
 and  finance  pursuant to this title shall be deposited to the credit of
 the comptroller with such responsible banks,  banking  houses  or  trust
 companies  as  may be designated by the comptroller. Such deposits shall
 be kept separate and apart from all other moneys in  the  possession  of
 the  comptroller.  The  comptroller shall require adequate security from
 all such depositories. Of the total revenue collected,  the  comptroller
 shall  retain  the amount determined by the commissioner of taxation and
 finance to be necessary for refunds out of which  the  comptroller  must
 pay  any  refunds  to  which  a deposit initiator may be entitled. After
 reserving the amount to pay refunds, the comptroller must, by the  tenth
 day  of  each  month,  pay  into the state treasury to the credit of the
 general fund the revenue deposited under  this  subdivision  during  the
 preceding  calendar  month  and remaining to the comptroller's credit on
 the last day of that preceding month.
 [6.] 4. The commissioner and the commissioner of taxation and  finance
 shall  promulgate,  and  shall  consult each other in promulgating, such
 rules and regulations as may be necessary to effectuate the purposes  of
 this  title.  The  commissioner  and  the  commissioner  of taxation and
 finance shall provide all necessary aid and assistance  to  each  other,
 including  the  sharing  of  any  information that is necessary to their
 respective administration and enforcement responsibilities  pursuant  to
 the provisions of this title.
 [7.  a.]  5.  Any  person  who is a deposit initiator under this title
 before April first, two thousand nine, must apply  by  June  first,  two
 thousand  nine to the commissioner of taxation and finance for registra
 tion as a deposit initiator. Any person who becomes a deposit  initiator
 on  or after April first, two thousand nine shall apply for registration
 prior to collecting any deposits  as  such  a  deposit  initiator.  Such
 application  shall  be in a form prescribed by the commissioner of taxa
 tion and finance and shall require such information deemed to be  neces
 sary  for proper administration of this title. The commissioner of taxa
 tion and finance may require that applications for registration must  be
 submitted electronically. The commissioner of taxation and finance shall
 electronically  issue  a deposit initiator registration certificate in a
 form prescribed by the  commissioner  of  taxation  and  finance  within
 fifteen  days  of  receipt of such application or may take an additional
 ten days if the commissioner of taxation and finance deems it  necessary
 
       S. 2810--B                         36
 to  consult  with  the  commissioner  before  issuing  such registration
 certificate. A registration certificate issued pursuant to this subdivi
 sion may be issued for a specified term of not less than three years and
 shall  be  subject to renewal in accordance with procedures specified by
 the commissioner of taxation and finance. The commissioner  of  taxation
 and  finance shall furnish to the commissioner a complete list of regis
 tered deposit initiators and  shall  continually  update  such  list  as
 warranted. The commissioner shall share any information with the commis
 sioner  of taxation and finance that is necessary for the administration
 of this subdivision.
 [b. The commissioner of taxation and finance shall have the  authority
 to  revoke  or  refuse to renew any registration issued pursuant to this
 subdivision when he or she has determined or has been  informed  by  the
 commissioner that any of the provisions of this title or rules and regu-
 lations promulgated thereunder have been violated. Such violations shall
 include,  but  not be limited to, the failure to file quarterly reports,
 the failure to make payments pursuant to this subdivision, the providing
 of false or fraudulent information to either the department of  taxation
 and  finance  or the department, or knowingly aiding or abetting another
 person in violating any of the provisions of this  title.  A  notice  of
 proposed  revocation or non-renewal shall be given to the deposit initi-
 ator in the manner prescribed for a notice of deficiency of tax and  all
 the  provisions applicable to a notice of deficiency under article twen-
 ty-seven of the tax law shall apply to a notice issued pursuant to  this
 paragraph, insofar as such provisions can be made applicable to a notice
 authorized  by  this paragraph, with such modifications as may be neces-
 sary in order to adapt the language of such  provisions  to  the  notice
 authorized by this paragraph. All such notices issued by the commission-
 er  of  taxation  and finance pursuant to this paragraph shall contain a
 statement advising the deposit initiator that the revocation or  non-re-
 newal  of  registration  may be challenged through a hearing process and
 the petition for such a challenge must be filed with the commissioner of
 taxation and finance within ninety days after such notice is  issued.  A
 deposit  initiator whose registration has been so revoked or not renewed
 shall cease to do business as a deposit initiator in this  state,  until
 this  title  has  been  complied  with  and  a new registration has been
 issued. Any deposit initiator whose registration has been so revoked may
 not apply for registration for two years from the date  such  revocation
 takes effect.
 8.]  6. The commissioner of taxation and finance may require the main
 tenance of such [accounts,] records or documents relating to the sale of
 beverage containers, by any  deposit  initiator,  bottler,  distributor,
 dealer  or  redemption  center as such commissioner may deem appropriate
 for the administration of this section. Such commissioner may make exam
 inations, including the conduct of facility inspections  during  regular
 business  hours,  with  respect  to the [accounts,] records or documents
 required to be  maintained  under  this  subdivision.  Such  [accounts,]
 records  and  documents  shall be preserved for a period of three years,
 except that such commissioner may consent to  their  destruction  within
 that  period  or  may require that they be kept longer. Such [accounts,]
 records and documents may be kept within the meaning of this subdivision
 when reproduced by any photographic, photostatic, microfilm, micro-card,
 miniature photographic or other process which  actually  reproduces  the
 original [accounts,] records or documents.
 [9.]  7.  a.  Any  person required to be registered under this section
 who, without being so registered, sells  or  offers  for  sale  beverage
 
       S. 2810--B                         37
 containers  in  this  state, in addition to any other penalty imposed by
 this title, shall be subject to a penalty to be assessed by the  commis
 sioner  of  taxation and finance in an amount not to exceed five hundred
 dollars  for  the  first  day on which such sales or offers for sale are
 made, plus an amount not to exceed five hundred dollars for each  subse
 quent day on which such sales or offers for sale are made, not to exceed
 twenty-five thousand dollars in the aggregate.
 b.  Any  deposit initiator who fails to maintain [accounts or] records
 pursuant to this section, unless it is shown that such failure  was  due
 to  reasonable  cause  and  not due to negligence or willful neglect, in
 addition to any other penalty imposed by this title, shall be subject to
 a penalty to be assessed by the commissioner of taxation and finance  of
 not  more  than  one thousand dollars for each quarter during which such
 failure occurred, and an additional penalty of not more than  one  thou
 sand dollars for each quarter such failure continues.
 [10.]  8.  The provisions of article twenty-seven of the tax law shall
 apply to the provisions of this title  for  which  the  commissioner  of
 taxation  and  finance  is  responsible[, including collection of refund
 value amounts,] in the same manner and with the same force and effect as
 if the language of such article had been incorporated in full into  this
 section  except  to  the  extent  that  any provision of such article is
 either inconsistent with a provision of this section or is not  relevant
 to  this  section  as  determined  by  the  commissioner of taxation and
 finance. [Furthermore, for purposes of applying the provisions of  arti-
 cle  twenty-seven  of  the  tax  law,  where the terms "tax" and "taxes"
 appear in such article, such terms shall be construed  to  mean  "refund
 value" or "balance in the refund value account".
 11.]  9. If any deposit initiator fails or refuses to file a report or
 furnish any information requested in writing by the department of  taxa
 tion  and  finance  or  the  department,  the department of taxation and
 finance with the assistance of the department may, from any  information
 in  its  possession, make an estimate of the deficiency and collect such
 deficiency from such deposit initiator.
 [12.] 10. Beginning on June first, two  thousand  [nine  each  deposit
 initiator]  TEN  ALL  SUPPLIERS  AND  MANUFACTURES  shall  register  the
 container label of any beverage offered for sale in the state  on  which
 it initiates a deposit. Any such registered container label shall bear a
 universal  product  code. [Such universal product code shall be New York
 state specific, in order to identify the beverage container  as  offered
 for  sale  exclusively  in  New York state, and as a means of preventing
 illegal  redemption  of  beverage  containers  purchased  out-of-state.]
 Registration  must  be on forms as prescribed by the department and must
 include the universal product code for each combination of beverage  and
 container  manufactured. The commissioner may require that such forms be
 filed electronically. The deposit initiator shall renew a  label  regis
 tration whenever that label is revised by altering the universal product
 code  or  whenever the container on which it appears is changed in size,
 composition or glass color.
 

S 3. This act shall take effect on the forty-fifth day after it  shall
 have become a law.
 PART EE
 

Section  1.  (a)  The  power  authority of the state of New York shall
 within 90 days of the effective date of this act, issue  a  request  for
 proposals  to  purchase  from  the  authority one or more of the ten gas
 
       S. 2810--B                         38
 turbine electric generating facilities with a nameplate capacity of less
 than 80 megawatts each, owned by the authority as of the effective  date
 of this act and located in and around the city of New York. Such request
 for  proposals  to  sell  such generators shall be put out for bid for a
 maximum of 90 days and shall include the following sites and  generating
 facilities:

 (1)  Two units at Harlem river yard plant, located in the Harlem River
 Yards, at E. 132nd street, Bronx, New York 10454;
 (2) Two units at Vernon Boulevard,  located  at  41-98,  42-02,  42-16
 Vernon boulevard, Long Island City, Queens, New York 11101;
 (3)  Two  units  at  the Hell Gate plant, located at Locust Avenue, E.
 132nd street to E. 134th street, Bronx, New York 10454;
 (4) Two units at the Windsor  Terrace  power  plant,  located  at  3rd
 avenue and 23rd street, Brooklyn, New York 11232;
 (5)  One unit at Pouch terminal; located at 1 Edgewater street, Staten
 Island, New York 10305; and
 (6) One unit at North First avenue and River street, located at  47-79
 River street, Brooklyn, New York 11211.
 (b)  The  authority shall issue such request to determine, among other
 things the likely value to New York state for the sale of such  generat
 ing  facilities.  The  authority shall, within 30 days of the end of the
 solicitation period, report on the range of solicited bids to the gover
 nor, the temporary president of the senate and the speaker of the assem
 bly, subject to all appropriate and applicable confidentiality  require
 ments with respect to individual bids and information contained therein.
 (c)  On  or before March 31, 2012, the authority is required to make a
 report to the governor, the temporary president of the  senate  and  the
 speaker  of  the  assembly  as  to  the  amount of revenue that could be
 collected by the authority from the sale of facilities pursuant to  this
 section.  The authority may not effectuate such sale until authorized by
 law.
 

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

Section  1.  Part  LL  of chapter 59 of the laws of 2009, amending the
 environmental conservation law relating to recreational  marine  fishing
 licenses, is REPEALED.
 

S  2.  The environmental conservation law is amended by a adding a new
 section 13-0355 to read as follows:

 

S 13-0355. SALTWATER RECREATIONAL FISHING REGISTRY.
 1. DEFINITIONS OF  REGISTRATION;  PRIVILEGES.  REGISTRATION  WITH  THE
 SALTWATER  RECREATIONAL  FISHING  REGISTRY ENTITLES THE PERSON SO REGIS
 TERED WHO IS SIXTEEN YEARS OF AGE OR OLDER TO TAKE FISH FROM THE  WATERS
 OF THE MARINE AND COASTAL DISTRICT AND TO TAKE MIGRATORY FISH OF THE SEA
 FROM ALL WATERS OF THE STATE, EXCEPT AS PROVIDED IN SECTIONS 13-0333 AND
 13-0335 OF THIS TITLE.
 2. SALTWATER RECREATIONAL FISHING REGISTRY ESTABLISHED. A. THE COMMIS
 SIONER SHALL ADMINISTER AND MAINTAIN A REGISTRY OF PERSONS WHO ENGAGE IN
 SALTWATER  RECREATIONAL  FISHING. THE COMMISSIONER MAY DESIGNATE BY RULE
 THE METHODS OF FISHING OR THE SALTWATER AREAS FOR WHICH REGISTRATION  IS
 REQUIRED  UNDER  THIS  SECTION.  THE  REGISTRY  SHALL  CONTAIN THE NAME,
 ADDRESS, DATE OF BIRTH AND TELEPHONE NUMBER FOR EACH PERSON REGISTERED.
 B. EACH PERSON REGISTERED SHALL BE ASSIGNED  A  UNIQUE  IDENTIFICATION
 NUMBER.    SUCH  UNIQUE  IDENTIFICATION NUMBER SHALL CONTAIN AN EMBEDDED
 YEAR CODE, TO BE DETERMINED BY THE COMMISSIONER, DISCRETELY  DESIGNATING
 
       S. 2810--B                         39
 THE  YEAR  OF REGISTRATION OR RENEWAL OF REGISTRATION, TO ENSURE COMPLI
 ANCE WITH ANNUAL RENEWAL REQUIREMENTS PURSUANT TO PARAGRAPH A OF  SUBDI
 VISION THREE OF THIS SECTION.
 3.  REGISTRY  PROCEDURES.  A.   AN INDIVIDUAL'S SALTWATER RECREATIONAL
 FISHING REGISTRATION SHALL EXPIRE AT THE END OF EACH CALENDAR YEAR,  AND
 MAY BE RENEWED FOR EACH SUBSEQUENT CALENDAR YEAR PURSUANT TO PARAGRAPH C
 OF THIS SUBDIVISION.
 B. A PERSON MAY  INITIALLY REGISTER TO ENGAGE IN SALTWATER RECREATION
 AL FISHING:

 (I)  BY  APPEARING  BEFORE A REGISTRATION AGENT, AS ESTABLISHED BY THE
 COMMISSIONER; OR
 (II) THROUGH A PUBLICLY ACCESSIBLE ONLINE REGISTRATION SYSTEM  ON  THE
 DEPARTMENT WEBSITE; OR
 (III)  THROUGH  A  PUBLICLY  ACCESSIBLE TELEPHONIC REGISTRATION SYSTEM
 OPERATED BY THE DEPARTMENT. THE COMMISSIONER SHALL ESTABLISH A TOLL-FREE
 TELEPHONE NUMBER OR A DEDICATED NUMBER FOR USE TO REGISTER  PURSUANT  TO
 THIS SECTION.
 C. A PERSON MAY RENEW HIS OR HER REGISTRATION UNDER THIS SECTION:

 (I)  BY  APPEARING  BEFORE A REGISTRATION AGENT, AS ESTABLISHED BY THE
 COMMISSIONER; OR
 (II) THROUGH A PUBLICLY ACCESSIBLE ONLINE REGISTRATION SYSTEM  ON  THE
 DEPARTMENT WEBSITE; OR
 (III)  THROUGH  A  PUBLICLY  ACCESSIBLE TELEPHONIC REGISTRATION SYSTEM
 OPERATED BY THE DEPARTMENT. THE COMMISSIONER SHALL ESTABLISH A TOLL-FREE
 TELEPHONE NUMBER OR A DEDICATED NUMBER FOR USE TO RENEW REGISTRATIONS ON
 THE REGISTRY.
 D. A PERSON PURCHASING A FISHING LICENSE UNDER SECTION 11-0701 OF THIS
 CHAPTER SHALL BE ASKED IF THE PERSON INTENDS TO FISH  IN  SALTWATER  FOR
 THE  CALENDAR YEAR. IF THE PERSON ANSWERS IN THE AFFIRMATIVE, THE PERSON
 SHALL BE INFORMED OF THE REQUIREMENTS UNDER THIS SECTION.
 4. UNIQUE IDENTIFICATION NUMBER REQUIRED. A.  EACH  PERSON  REGISTERED
 SHALL  AT ALL TIMES HAVE THEIR UNIQUE IDENTIFICATION NUMBER ON THE HOLD
 ER'S PERSON WHILE EXERCISING ANY PRIVILEGE OF THE REGISTRATION.
 B. FAILURE TO HAVE A UNIQUE  IDENTIFICATION  NUMBER  ON  ONE'S  PERSON
 WHILE  EXERCISING  ANY    PRIVILEGE  OF  THE REGISTRATION IS PRESUMPTIVE
 EVIDENCE THAT  SUCH  PERSON  IS  FISHING  WITHOUT  BEING  REGISTERED  AS
 REQUIRED BY THIS SECTION.
 5.  FEES. A FEE FOR REGISTERING ON THE REGISTRY MAY NOT BE ESTABLISHED
 OR LEVIED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A  PERSON  REGIS
 TERING  THROUGH  AN  ONLINE OR TELEPHONIC REGISTRATION SYSTEM MAY NOT BE
 CHARGED A FEE FOR REGISTERING.
 6. EXEMPTION FROM REQUIREMENT OF SALTWATER RECREATIONAL FISHING REGIS
 TRATION. A. MINORS UNDER THE AGE OF SIXTEEN MAY TAKE  FISH  AS  IF  THEY
 WERE REGISTERED WITH THE SALTWATER RECREATIONAL FISHING REGISTRY.
 B.  RECREATIONAL  FISHING  PASSENGERS ON A MARINE AND COASTAL DISTRICT
 PARTY OR CHARTER BOAT LICENSED PURSUANT TO SECTION 13-0336 OF THIS TITLE
 MAY TAKE FISH AS IF THEY HELD A RECREATIONAL MARINE FISHING LICENSE.
 7. FEDERAL REGISTRATION  REQUIREMENTS.  A.  THE  REGISTRY  ESTABLISHED
 PURSUANT  TO THIS SECTION SHALL COMPLY WITH THE PROVISIONS OF THE REGIS
 TRY PROGRAM TO BE ESTABLISHED PURSUANT TO THE  MAGNUSON-STEVENS  FISHERY
 CONSERVATION  AND  MANAGEMENT  REAUTHORIZATION ACT, 16 U.S.C. SS 1801 ET
 SEQ.
 B. UPON ESTABLISHMENT OF THE REGISTRY PURSUANT TO  THIS  SECTION,  THE
 COMMISSIONER SHALL APPLY TO THE NATIONAL MARINE FISHERIES SERVICE OF THE
 NATIONAL  OCEANIC  AND  ATMOSPHERIC  ADMINISTRATION  FOR  EXEMPTED STATE
 DESIGNATION FROM THE FEDERAL REGISTRATION REQUIREMENTS.
 
       S. 2810--B                         40
 8. RECIPROCITY IN BOUNDARY WATERS. IF PERSONS REGISTERED  PURSUANT  TO
 THIS  SECTION  IN  THE  SALTWATER  RECREATIONAL FISHING REGISTRY ARE NOT
 REQUIRED TO HAVE LICENSES ISSUED BY A STATE NAMED IN PARAGRAPH A, B OR C
 OF THIS SUBDIVISION WHEN FISHING IN THAT PART OF THE  WATERS,  SPECIFIED
 IN  SUCH  PARAGRAPH,  WHICH LIES WITHIN THAT STATE THEN, IN SUCH CASE, A
 PERSON SIMILARLY REGISTERED OR LICENSED BY SUCH STATE MAY, WITHOUT BEING
 REGISTERED PURSUANT TO THIS SECTION IN THE SALTWATER RECREATIONAL  FISH
 ING  REGISTRY,  TAKE  FISH  AS PROVIDED IN THIS TITLE, FROM THAT PART OF
 SUCH WATERS SPECIFIED IN PARAGRAPH A, B OR C OF THIS  SUBDIVISION  WHICH
 LIES WITHIN THIS STATE:

 A. LICENSE ISSUED BY CONNECTICUT: THOSE PARTS OF THE LONG ISLAND SOUND
 LYING BETWEEN NEW YORK AND CONNECTICUT.
 B.  LICENSE  ISSUED  BY  NEW  JERSEY:  THOSE PARTS OF NEW YORK HARBOR,
 HUDSON RIVER, KILL VAN KULL, ARTHUR KILL, RARITAN BAY AND ATLANTIC OCEAN
 LYING BETWEEN NEW YORK AND NEW JERSEY.
 C. LICENSE ISSUED BY RHODE ISLAND: THOSE  PARTS  OF  THE  LONG  ISLAND
 SOUND,  BLOCK ISLAND SOUND AND ATLANTIC OCEAN LYING BETWEEN NEW YORK AND
 RHODE ISLAND.
 

S 3. Any person who purchased a lifetime recreational  marine  fishing
 license shall be refunded the amount of the fee he or she paid in excess
 of a single season license.
 

S 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law, provided, however, that effective immediate
 ly,  any regulations necessary for the timely implementation of this act
 on its effective date are authorized to be promulgated before such date.
 PART GG
 

Section 1.

Section 19-0323 of the environmental conservation  law,  as
 added  by  chapter  629  of the laws of 2006, subdivision 5 as added and
 subdivisions 6, 7 and 8 as renumbered by section 1 of part C of  chapter
 59 of the laws of 2010, is amended to read as follows:

 

S 19-0323.  Use of ultra low sulfur diesel fuel and best available tech
 nology by the state.
 1. As used in this section, the terms:

 a. "Ultra low sulfur diesel fuel"  means  diesel  fuel  having  sulfur
 content of 0.0015 per cent of sulfur or less.
 b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle
 powered by diesel fuel and having a gross vehicle weight of greater than
 8,500  pounds,  except that those vehicles defined in section 101 of the
 vehicle and traffic law, paragraph 2 of schedule E and paragraph (a)  of
 schedule  F  of  subdivision  7 of section 401 of such law, and vehicles
 specified in subdivision 13 of section 401 of such law,  and  farm  type
 tractors and all terrain type vehicles used exclusively for agricultural
 or  mowing  purposes,  or  for  snow  plowing, other than for hire, farm
 equipment, including self-propelled machines used exclusively  in  grow
 ing, harvesting or handling farm produce, and self-propelled caterpillar
 or crawler-type equipment while being operated on the contract site, and
 timber  harvesting equipment such as harvesters, wood chippers, forward
 ers, log skidders, and other processing equipment used  exclusively  off
 highway  for timber harvesting and logging purposes, shall not be deemed
 heavy duty vehicles for purposes of this section.  This term  shall  not
 include  vehicles  that are specially equipped for emergency response by
 the department, office of emergency management, sheriff's office of  the
 department of finance, police department or fire department.
 
       S. 2810--B                         41
 c.  "Best available retrofit technology" means technology, verified by
 the United States environmental protection agency for reducing the emis
 sion of pollutants that achieves reductions in particulate matter  emis
 sions  at  the  highest classification level for diesel emission control
 strategies  that is applicable to the particular engine and application.
 Such technology shall also, at a reasonable cost, achieve  the  greatest
 reduction  in  emissions  of  nitrogen oxides at such particulate matter
 reduction level and shall in no event result in a net  increase  in  the
 emissions of either particulate matter or nitrogen oxides.
 d.  "Reasonable cost" means that such technology does not cost greater
 than 30 percent more than other technology applicable to the  particular
 engine  and  application that falls within the same classification level
 for diesel emission control strategies, as set forth in paragraph  c  of
 this  subdivision,  when  considering  the cost of the strategies, them
 selves, and the cost of installation.
 2. 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 shall be powered by ultra low sulfur diesel fuel.
 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 proce
 dures for compliance according to the following schedule:

 a.  [Not  less  than  33%  of the vehicles covered by this subdivision
 shall have best available retrofit technology on or before December  31,
 2008.
 b.]  Not  less  than  66%  of the vehicles covered by this subdivision
 shall have best available retrofit technology on or before December  31,
 [2009] 2012.
 [c.]  B.  All  vehicles  covered  by  this subdivision shall have best
 available retrofit technology on or before December 31, [2010] 2014.
 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.
 4. In addition to other provisions for regulations  in  this  section,
 the commissioner shall promulgate regulations as necessary and appropri
 ate to carry out the provisions of this act including but not limited to
 provision  for waivers upon written finding by the commissioner that (a)
 best available retrofit technology for reducing the emissions of  pollu
 tants  as required by subdivision 3 of this section is not available for
 a particular vehicle or class of vehicles and (b) that ultra low  sulfur
 diesel fuel is not available.
 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 thirteen. 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
 
       S. 2810--B                         42
 engine  in the state but not later than December thirty-first, two thou
 sand [thirteen] FOURTEEN.
 6. This section shall not apply where federal law or funding precludes
 the state from imposing the requirements of this section.
 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 and the use of the best available retrofit  tech
 nology 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.
 8. The department shall, to the extent  practicable,  coordinate  with
 regions  which  have  proposed or adopted heavy duty emission inspection
 programs to promote regional consistency in such programs.
 

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

Section 1. The public authorities law  is  amended  by  adding  a  new
 section 1265-c to read as follows:

 

S  1265-C.  INDEPENDENT  FORENSIC  AUDIT. 1. NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, THE AUTHORITY SHALL, WITHIN SIXTY DAYS OF  THE  EFFEC
 TIVE  DATE  OF THIS SECTION, CONTRACT WITH A CERTIFIED PUBLIC ACCOUNTING
 FIRM FOR THE PROVISION OF AN INDEPENDENT, COMPREHENSIVE, FORENSIC  AUDIT
 OF  THE  AUTHORITY.  SUCH  AUDIT  SHALL  BE PERFORMED IN ACCORDANCE WITH
 GENERALLY ACCEPTED GOVERNMENT AUDITING STANDARDS. SUCH  AUDIT  SHALL  BE
 INDEPENDENT OF AND IN ADDITION TO THE INDEPENDENT AUDIT OF THE AUTHORITY
 CONDUCTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER.
 2.  THE  CERTIFIED  INDEPENDENT  PUBLIC  ACCOUNTING FIRM PROVIDING THE
 AUTHORITY'S INDEPENDENT, COMPREHENSIVE, FORENSIC AUDIT SHALL BE  PROHIB
 ITED  IN  PROVIDING  AUDIT  SERVICES IF THE LEAD (OR COORDINATING) AUDIT
 PARTNER (HAVING PRIMARY RESPONSIBILITY FOR  THE  AUDIT),  OR  THE  AUDIT
 PARTNER  RESPONSIBLE  FOR  REVIEWING  THE  AUDIT,  HAS  PERFORMED  AUDIT
 SERVICES FOR THE AUTHORITY WITHIN ANY OF THE TEN PREVIOUS  FISCAL  YEARS
 OF THE AUTHORITY.
 3.  THE  CERTIFIED  INDEPENDENT  ACCOUNTING  FIRM PERFORMING THE AUDIT
 PURSUANT TO THIS SECTION SHALL BE PROHIBITED FROM PERFORMING ANY NON-AU
 DIT SERVICES FOR THE AUTHORITY CONTEMPORANEOUSLY WITH THE AUDIT.
 
       S. 2810--B                         43
 4. IT  SHALL  BE  PROHIBITED  FOR  THE  CERTIFIED  INDEPENDENT  PUBLIC
 ACCOUNTING  FIRM  TO  PERFORM FOR THE AUTHORITY ANY AUDIT SERVICE IF THE
 CHIEF EXECUTIVE OFFICER, COMPTROLLER,  CHIEF  FINANCIAL  OFFICER,  CHIEF
 ACCOUNTING OFFICER OR ANY OTHER PERSON SERVING IN AN EQUIVALENT POSITION
 IN  THE  AUTHORITY WAS AN EMPLOYEE, CONSULTANT OR INDEPENDENT CONTRACTOR
 OF THAT CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM AND PARTICIPATED IN
 ANY CAPACITY IN THE AUDIT OF THE AUTHORITY AT ANY TIME IN THE PAST.
 5. THE CERTIFIED INDEPENDENT  PUBLIC  ACCOUNTING  FIRM  CONTRACTED  TO
 PERFORM  THE  INDEPENDENT COMPREHENSIVE, FORENSIC AUDIT OF THE AUTHORITY
 SHALL, ON OR BEFORE JANUARY FIRST, TWO  THOUSAND  THIRTEEN,  REPORT  ITS
 FINDINGS,  CONCLUSIONS  AND  RECOMMENDATIONS  TO THE GOVERNOR, THE STATE
 COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF  THE
 ASSEMBLY,  THE  CHAIR  AND RANKING MINORITY MEMBER OF THE SENATE FINANCE
 COMMITTEE, THE CHAIR AND RANKING MINORITY MEMBER OF  THE  ASSEMBLY  WAYS
 AND  MEANS  COMMITTEE,  THE  CHAIRS  AND RANKING MINORITY MEMBERS OF THE
 SENATE  AND  THE  ASSEMBLY  CORPORATIONS,  AUTHORITIES  AND  COMMISSIONS
 COMMITTEES,  AND  THE  CHAIRS AND RANKING MINORITY MEMBERS OF THE SENATE
 AND THE ASSEMBLY TRANSPORTATION COMMITTEES.
 

S 2. This act shall take effect immediately, and shall expire  and  be
 deemed repealed January 2, 2013.
 PART II
 

Section  1.

Section 5 of the public service law is amended by adding a
 new subdivision 7 to read as follows:

 7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  COMMISSION  SHALL
 HAVE  NO  AUTHORITY  OVER  ANY  SERVICE, CLASS OF SERVICES OR TECHNOLOGY
 OFFERED OR USED BY A TELEPHONE CORPORATION AS DEFINED IN SECTION TWO  OF
 THIS  ARTICLE OR BY A CABLE TELEVISION COMPANY AS DEFINED IN SECTION TWO
 HUNDRED TWELVE OF THIS CHAPTER THAT IT DID NOT ACTIVELY REGULATE  AS  OF
 JANUARY FIRST, TWO THOUSAND ELEVEN. THE COMMISSION SHALL HAVE NO AUTHOR
 ITY  TO  PROHIBIT,  REQUIRE  OR  OTHERWISE DIRECT ANY ENTITY'S CHOICE OF
 TECHNOLOGY FOR ANY PURPOSE.
 

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 II of this act shall be
 as specifically set forth in the last section of such Parts.

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

Discuss!