Authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012; extends or makes permanent various provisions of law; relates to the excelsior linked deposit act; relates to recovery of state governmental costs; relates to the community services block grant program; relates to the removal of statutory references to the governor's office of regulatory reform; authorizes and directs the New York state energy research and development authority to make a payment to the general fund of up to $913,000; authorizes the New York State Energy Research and Development Authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations; authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies; relates to pesticide registration time frames and fees; relates to the healthy food/communities initiative; authorizes the establishment of a revolving loan fund; relates to state aid for farmers' markets; relates to disbursements from the tribal-state compact revenue account to certain municipalities; increases the term of licensure and registration from two to four years; relates to saltwater recreational fishing registrations; relates to the use of ultra low sulfur diesel fuel and best available technology by the state; relates to the creation of the recharge New York power program; extends the expiration of the power for jobs program and the energy cost savings benefit programs; requires the New York state urban development corporation to submit a comprehensive financial plan to the director of the budget and establishes accounts and subaccounts within the treasury of such corporation; relates to the new markets tax credits.
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 Votes
VOTE: COMMITTEE VOTE:
- Finance
- Mar 29, 2011
Ayes (32): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Dilan, Gianaris, Kruger, Montgomery, Oppenheimer, Parker, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins
Ayes W/R (1): Duane
Nays (1): Diaz
VOTE: FLOOR VOTE:
- Mar 29, 2011
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (2): Diaz, Duane
Absent (1): Perkins
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.
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