Bill S2810C-2011

Enacts major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for 2011-2012

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.

Details

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

Votes

Memo

BILL NUMBER:S2810C

TITLE OF BILL: An act to authorize funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012 and to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund; and providing for the repeal of certain provisions upon expiration thereof (Part A); to amend chapter 279 of the laws of 1998 amending the transportation law relating to enabling the commissioner of transportation to establish a single audit pilot program, in relation to making such provisions permanent (Part B); to amend chapter 312 of the laws of 1994, amending the vehicle and traffic law relating to suspensions of licenses pending prosecution of certain alcohol-related charges, and authorizations for probationary and conditional drivers' licenses, in relation to the effectiveness thereof (Part C); to amend chapter 533 of the laws of 1993, amending the vehicle and traffic law and the correction law relating to suspension and revocation of driver's licenses upon conviction of certain drug-related offenses, in relation to the effectiveness thereof (Part D); to amend chapter 569 of the laws of 1981, amending the vehicle and traffic law relating to motor vehicle liability insurance, financial security, criminal acts and penalties for non-compliance, in relation to making provisions permanent; and to amend chapter 781 of the laws of 1983, amending the vehicle and traffic law and other laws relating to motor vehicle liability insurance, financial security, criminal acts and certain penalties for non-compliance, in relation to making provisions permanent (Part E); Intentionally omitted (Part F); to amend chapter 393 of the laws of 1994 amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, in relation to the effectiveness thereof (Part G); to amend the state finance law, in relation to the excelsior linked deposit act (Part H); to amend part U of chapter 57 of the laws of 2005 amending the labor law and other laws implementing the state fiscal plan for the 2005-2006 state fiscal year, relating to New York state higher education matching grant program for independent colleges, in relation to the effectiveness thereof (Part I); to amend the public authorities law, in relation to recovery of state governmental costs; and to repeal section 2975-a of such law relating thereto (Part J); to amend the executive law, in relation to the community services block grant program; and to amend chapter 728 of the laws of 1982 and chapter 710 of the laws of 1983, amending the executive law relating to community services block grant programs, in relation to the effectiveness thereof (Part K); to amend chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to

permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part L); Intentionally omitted (Part M); Intentionally omitted (Part N); to amend the executive law, the economic development law and the state administrative procedure act, in relation to the removal of statutory references to the governor's office of regulatory reform; and to repeal subdivision 8 of section 202-b of the state administrative procedure act, relating thereto (Part O); to authorize and direct the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part P); to authorize the New York State Energy Research and Development Authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part Q); to authorize the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part R); to amend the environmental conservation law and chapter 67 of the laws of 1992 amending the environmental conservation law relating to pesticide product registration timetables and fees, in relation to pesticide registration time frames and fees (Part S); Intentionally omitted (Part T); to amend the New York state urban development corporation act, in relation to the healthy food/communities initiative; to amend the agriculture and markets law, in relation to authorizing the establishment of a revolving loan fund; and to amend the agriculture and markets law, in relation to state aid for farmers' markets (Part U); Intentionally omitted (Part V); to amend the state finance law, in relation to disbursements from the tribal-state compact revenue account to certain municipalities; and providing for the repeal of certain provisions upon the expiration thereof (Part W); Intentionally omitted (Part X); to amend the general business law, in relation to increasing the term of licensure and registration from two to four years (Part Y); Intentionally omitted (Part Z); to amend the environmental conservation law, in relation to saltwater recreational fishing registrations; and providing for the repeal of such provisions upon expiration thereof (Part AA); to amend the environmental conservation law, in relation to the use of ultra low sulfur diesel fuel and best available technology by the state (Part BB); to amend the economic development law and the public authorities law, in relation to the creation of the recharge New York power program; and to amend the economic development law, the public authorities law, the tax law, chapter 316 of the laws of 1997 amending the public authorities law and other laws relating to the provision of low cost power to foster statewide economic development, and

chapter 645 of the laws of 2006 amending the economic development law and other laws relating to reauthorizing the power authority of the state of New York to make contributions to the general fund, in relation to extending the expiration of the power for jobs program and the energy cost savings benefit program; to amend chapter 477 of the laws of 2009, amending the public authorities law relating to energy efficiency and clean energy initiatives of the power authority of the state of New York, in relation to making such provisions permanent and to repeal subdivision 16 of section 1005 of the public authorities law relating to energy audits (Part CC); in relation to the New York state urban development corporation submitting a comprehensive financial plan to the director of the budget and the establishment of accounts and subaccounts within the treasury of such corporation; and providing for the repeal of such provisions upon the expiration thereof (Part DD); and to amend the New York state urban development corporation act, in relation to the new markets tax credits; and providing for the repeal of such provision upon expiration thereof (Part EE)

PURPOSE: To allow for the consolidation of certain state entities.

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

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

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

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

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

Part F - Conform the Vehicle and Traffic Law to Federal requirements, governing operators of commercial motor vehicles and medical certification requirements. This was intentionally omitted from the TED bill.

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

Part H - The Legislature accepts the Executive's proposal to increase the lifetime maximum per eligible business from $1 million to $2 million. It also increases the individual loan cap amount from $1 million to $2 million.

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

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

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

Part L - Permanently establish the authority of the Secretary of State to charge increased fees for expedited handling of documents. The Legislature extended the ability for two years, rather than make this provision permanent.

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

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

Part 0 - Eliminate statutory references to the Governor's Office of Regulatory Reform. The Legislature accepts the Executive's proposal to eliminate statutory references to the Governor's Office of Regulatory Reform by allowing the deletion of references.

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

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

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

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

Part T - Authorize the Commissioner of Agriculture and Markets to establish a competitive grants program to fund agricultural research, marketing and education initiatives. The Legislature rejects the Executive's proposal to authorize the Commissioner of Agriculture and Markets to establish a competitive grants program for agricultural research, marketing and education initiatives, and this provision is intentionally omitted from the bill.

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

Part V - Repeal Article 4-A of the Navigation Law regarding reimbursements paid to certain governmental entities. The Legislature rejects the Executive proposal to eliminate reimbursements paid to

local governments that voluntarily implement various boating enforcement and safety programs under Article 4-A of the Navigation Law, and intentionally omits this provision from the TED Article VII bill.

Part W - Facilitate an efficient transfer of Tribal State Compact Revenue to the General Fund and make a technical correction to the distribution of the local share of such revenues associated with the Niagara Falls Casino to ensure that the formula is balanced.

Part X - Establish a surcharge on purses at harness and thoroughbred racetracks. The Legislature denies the Executive proposal to establish a surcharge on purses on New Yolk races. This is intentionally omitted from the Executive's TED Article VII bill.

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

Part Z - Authorize the Tax Modernization Project. This proposal is intentionally omitted from TED Article VII bill.

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

Part BB - Alters the requirements with respect to Ultra Low Sulfur Diesel engines. The Legislature extends the time period of compliance for retrofitting heavy-duty diesel vehicles owned by State agencies or public authorities, as well as contractors, subcontractors and material suppliers who work on public job sites, with best available retrofit technology pursuant to the Diesel Emissions Reduction Act (DERA) of 2006 from December 31, 2010 to December 31, 2012.

Part CC - Creates a new permanent, 910 megawatt (MW), Recharge New York power program administered by the Power Authority of the State of New Yolk (NYPA) and the Economic Development Power Allocation Board (EDPAB) to foster job creation and retention in New York State. The new program would consist of a combination of NYPA hydropower and competitively purchased market power for allocation to eligible businesses and other entities located in the State. It would include reallocation of the hydroelectric power currently used by domestic and rural customers as well as ensure mitigation for cost impacts to these ratepayers.

EFFECTIVE DATE: This act shall take effect immediately and shall expire and be deemed repealed 5 years after such effective date. This act shall take effect immediately provided, however, that the

applicable effective date of Parts A through EE of this act shall be as specifically set forth in the last section of such Parts.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 2810--C A. 4010--C S E N A T E - A S S E M B L Y February 1, 2011 ___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to authorize funding for the Consolidated Local Street and High- way Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012 and to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the estab- lishment of the dedicated highway and bridge trust fund; and providing for the repeal of certain provisions upon expiration thereof (Part A); to amend chapter 279 of the laws of 1998 amending the transportation law relating to enabling the commissioner of transportation to estab- lish a single audit pilot program, in relation to making such provisions permanent (Part B); to amend chapter 312 of the laws of 1994, amending the vehicle and traffic law relating to suspensions of licenses pending prosecution of certain alcohol-related charges, and authorizations for probationary and conditional drivers' licenses, in relation to the effectiveness thereof (Part C); to amend chapter 533 of the laws of 1993, amending the vehicle and traffic law and the correction law relating to suspension and revocation of driver's licenses upon conviction of certain drug-related offenses, in relation to the effectiveness thereof (Part D); to amend chapter 569 of the laws of 1981, amending the vehicle and traffic law relating to motor vehicle liability insurance, financial security, criminal acts and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12573-05-1 S. 2810--C 2 A. 4010--C penalties for non-compliance, in relation to making provisions perma- nent; and to amend chapter 781 of the laws of 1983, amending the vehi- cle and traffic law and other laws relating to motor vehicle liability insurance, financial security, criminal acts and certain penalties for non-compliance, in relation to making provisions permanent (Part E); Intentionally omitted (Part F); to amend chapter 393 of the laws of 1994 amending the New York state urban development corporation act, relating to the powers of the New York state urban development corpo- ration to make loans, in relation to the effectiveness thereof (Part G); to amend the state finance law, in relation to the excelsior linked deposit act (Part H); to amend part U of chapter 57 of the laws of 2005 amending the labor law and other laws implementing the state fiscal plan for the 2005-2006 state fiscal year, relating to New York state higher education matching grant program for independent colleges, in relation to the effectiveness thereof (Part I); to amend the public authorities law, in relation to recovery of state govern- mental costs; and to repeal section 2975-a of such law relating there- to (Part J); to amend the executive law, in relation to the community services block grant program; and to amend chapter 728 of the laws of 1982 and chapter 710 of the laws of 1983, amending the executive law relating to community services block grant programs, in relation to the effectiveness thereof (Part K); to amend chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part L); Intentionally omitted (Part M); Intentionally omit- ted (Part N); to amend the executive law, the economic development law and the state administrative procedure act, in relation to the removal of statutory references to the governor's office of regulatory reform; and to repeal subdivision 8 of section 202-b of the state administra- tive procedure act, relating thereto (Part O); to authorize and direct the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part P); to authorize the New York State Energy Research and Development Authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part Q); to authorize the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part R); to amend the environmental conservation law and chapter 67 of the laws of 1992 amending the envi- ronmental conservation law relating to pesticide product registration timetables and fees, in relation to pesticide registration time frames and fees (Part S); Intentionally omitted (Part T); to amend the New York state urban development corporation act, in relation to the heal- thy food/communities initiative; to amend the agriculture and markets law, in relation to authorizing the establishment of a revolving loan fund; and to amend the agriculture and markets law, in relation to state aid for farmers' markets (Part U); Intentionally omitted (Part V); to amend the state finance law, in relation to disbursements from the tribal-state compact revenue account to certain municipalities; and providing for the repeal of certain provisions upon the expiration thereof (Part W); Intentionally omitted (Part X); to amend the general business law, in relation to increasing the term of licensure and registration from two to four years (Part Y); Intentionally omitted (Part Z); to amend the environmental conservation law, in relation to S. 2810--C 3 A. 4010--C saltwater recreational fishing registrations; and providing for the repeal of such provisions upon expiration thereof (Part AA); to amend the environmental conservation law, in relation to the use of ultra low sulfur diesel fuel and best available technology by the state (Part BB); to amend the economic development law and the public authorities law, in relation to the creation of the recharge New York power program; and to amend the economic development law, the public authorities law, the tax law, chapter 316 of the laws of 1997 amending the public authorities law and other laws relating to the provision of low cost power to foster statewide economic development, and chapter 645 of the laws of 2006 amending the economic development law and other laws relating to reauthorizing the power authority of the state of New York to make contributions to the general fund, in relation to extending the expiration of the power for jobs program and the energy cost savings benefit program; to amend chapter 477 of the laws of 2009, amending the public authorities law relating to energy efficien- cy and clean energy initiatives of the power authority of the state of New York, in relation to making such provisions permanent and to repeal subdivision 16 of section 1005 of the public authorities law relating to energy audits (Part CC); in relation to the New York state urban development corporation submitting a comprehensive financial plan to the director of the budget and the establishment of accounts and subaccounts within the treasury of such corporation; and providing for the repeal of such provisions upon the expiration thereof (Part DD); and to amend the New York state urban development corporation act, in relation to the new markets tax credits; and providing for the repeal of such provision upon expiration thereof (Part EE) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2011-2012 state fiscal year. Each component is wholly contained within a Part identified as Parts A through EE. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. The sum of four hundred two million seven hundred ninety- seven thousand dollars ($402,797,000), or so much thereof as shall be necessary, and in addition to amounts previously appropriated by law, is hereby made available, in accordance with subdivision 1 of section 380 of the public authorities law as amended, according to the following schedule. Payments pursuant to subdivision (a) of this section shall be made available as moneys become available for such payments. Payments pursuant to subdivisions (b) and (c) of this section shall be made available on the fifteenth day of June, September, December and March or as soon thereafter as moneys become available for such payments. No
moneys of the state in the state treasury or any of its funds shall be available for payments pursuant to this section: SCHEDULE (a) Thirty-nine million seven hundred thousand dollars ($39,700,000) to municipalities for repayment of eligible costs of federal aid munici- pal street and highway projects pursuant to section 15 of chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of the laws of 1991, as amended. The department of transportation shall provide such information to the municipalities as may be necessary to maintain the federal tax exempt status of any bonds, notes, or other obligations issued by such municipalities to provide for the non-federal share of the cost of projects pursuant to chapter 330 of the laws of 1991 or section 80-b of the highway law. The program authorized pursuant to section 15 of chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of the laws of 1991, as amended, shall additionally make payments for reimbursement according to the following schedule: State Fiscal Year Amount 2011-12 $39,700,000 (b) Three hundred four million three hundred thousand dollars ($304,300,000) to counties, cities, towns and villages for reimbursement of eligible costs of local highway and bridge projects pursuant to sections 16 and 16-a of chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of the laws of 1991, as amended. For the purposes of computing allocations to municipalities, the amount distrib- uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be deemed to be $121,520,000. The amount distributed pursuant to section 16-a of chapter 329 of the laws of 1991 shall be deemed to be $182,780,000. Notwithstanding the provisions of any general or special law, the amounts deemed distributed in accordance with section 16 of chapter 329 of the laws of 1991 shall be adjusted so that such amounts will not be less than 83.807 percent of the "funding level" as defined in subdivision 5 of section 10-c of the highway law for each such muni- cipality. In order to achieve the objectives of section 16 of chapter 329 of the laws of 1991, to the extent necessary, the amounts in excess of 83.807 percent of the funding level to be deemed distributed to each municipality under this subdivision shall be reduced in equal propor- tion. (c) Fifty-eight million seven hundred ninety-seven thousand dollars ($58,797,000) to municipalities for reimbursement of eligible costs of local highway and bridge projects pursuant to sections 16 and 16-a of chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of the laws of 1991, as amended. For the purposes of computing allocations to municipalities, the amount distributed pursuant to section 16 of chapter 329 of the laws of 1991 shall be deemed to be $23,480,000. The amount distributed pursuant to section 16-a of chapter 329 of the laws of 1991 shall be deemed to be $35,317,000. Notwithstanding the provisions of any general or special law, the amounts deemed distributed in accordance with section 16 of chapter 329 of the laws of 1991 shall be adjusted so that such amounts will not be less than 16.193 percent of the "funding level" as defined in subdivision 5 of section 10-c of the highway law for each such municipality. In order to achieve the objec- tives of section 16 of chapter 329 of the laws of 1991, to the extent necessary, the amounts in excess of 16.193 percent of the funding level to be deemed distributed to each municipality under this subdivision shall be reduced in equal proportion. To the extent that the total of
remaining payment allocations calculated herein varies from $58,797,000, the payment amounts to each locality shall be adjusted by a uniform percentage so that the total payments equal $58,797,000. The program authorized pursuant to sections 16 and 16-a of chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of the laws of 1991, as amended, shall additionally make payments for reimbursement according to the following schedule: State Fiscal Year Amount 2011-12 $363,097,000 S 2. Section 16 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedi- cated highway and bridge trust fund, is amended by adding a new subdivi- sion (f) to read as follows: (F) FOR PURPOSES OF THIS SECTION AND SECTION 10-C OF THE HIGHWAY LAW, FOR PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 LOCAL HIGHWAY AND BRIDGE PROJECTS MAY ALSO INCLUDE THE FOLLOWING WORK TYPES: (1) MICROSUR- FACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, HOWEVER, NO REIMBURSEMENT SHALL BE MADE FOR (1) MICROSURFACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV- ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. REIMBURSEMENT FOR PROJECTS USING THESE TREATMENTS MAY BE MADE FROM THE PROCEEDS OF BONDS, NOTES OR OTHER OBLIGATIONS ISSUED BY THE NEW YORK STATE THRUWAY AUTHORI- TY PURSUANT TO SECTION 380 OF THE PUBLIC AUTHORITIES LAW OR OTHERWISE AS DETERMINED BY THE DIRECTOR OF THE BUDGET. S 3. Section 16-a of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, is amended by adding a new subdivision (f) to read as follows: (F) FOR PURPOSES OF THIS SECTION AND SECTION 10-C OF THE HIGHWAY LAW, FOR PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 LOCAL HIGHWAY AND BRIDGE PROJECTS MAY ALSO INCLUDE THE FOLLOWING WORK TYPES: (1) MICROSUR- FACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, HOWEVER, NO REIMBURSEMENT SHALL BE MADE FOR (1) MICROSURFACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV- ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. REIMBURSEMENT FOR PROJECTS USING THESE TREATMENTS MAY BE MADE FROM THE PROCEEDS OF BONDS, NOTES OR OTHER OBLIGATIONS ISSUED BY THE NEW YORK STATE THRUWAY AUTHORI- TY PURSUANT TO SECTION 380 OF THE PUBLIC AUTHORITIES LAW OR OTHERWISE AS DETERMINED BY THE DIRECTOR OF THE BUDGET. S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establish- ment of the dedicated highway and bridge trust fund, as amended by chap- ter 432 of the laws of 1997, is amended to read as follows: (d) Any such service contract (i) shall provide that the obligation of the director of the budget or the state to fund or to pay the amounts therein provided for shall not constitute a debt of the state within the meaning of any constitutional or statutory provisions in the event the thruway authority assigns or pledges service contract payments as secu- rity for its bonds or notes, (ii) shall be deemed executory only to the extent moneys are available and that no liability shall be incurred by
the state beyond the moneys available for the purpose, and that such obligation is subject to annual appropriation by the legislature, and (iii) shall provide that no funds shall be made available from the proceeds of bonds or notes issued pursuant to this chapter unless the commissioner of transportation has certified to the chairman of the thruway authority that such funds shall be used exclusively for the purposes authorized by subdivision (a) of this section, and/or construction, reconstruction or improvement of local highways, bridges and/or highway-railroad crossings, including right of way acquisition, preliminary engineering, and construction supervision and inspection, where the service life of the project is at least ten years OR FOR PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 WHERE THE PROJECT IS: (1) MICROSURFACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, and unless the director of the budget has certified to the chairman of the thruway authority that a spending plan has been submitted by the commissioner of transportation and has been approved by the director of the budget. NO REIMBURSEMENT SHALL BE MADE FOR (1) MICROSURFACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establish- ment of the dedicated highway and bridge trust fund, as added by chapter 330 of the laws of 1991, is amended to read as follows: (b) Each county, city, town and village shall certify to the commis- sioner of transportation that amounts to be reimbursed are for construction, reconstruction or improvement of local highways, bridges and/or highway-railroad crossings, including right of way acquisition, preliminary engineering, and construction supervision and inspection where the service life of the project is at least ten years OR FOR PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 WHERE THE PROJECT IS: (1) MICROSURFACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE. NO REIMBURSEMENT SHALL BE MADE FOR (1) MICROSURFACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV- ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. Such certif- ication shall include any such information as may be necessary to main- tain the federal tax exempt status of bonds, notes or other obligations issued by the New York state thruway authority pursuant to section 380 of the public authorities law. The commissioner of transportation shall in writing request the municipalities to furnish such information as may be necessary to comply with this section. S 6. Subdivision (b) of section 16-a of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, as added by chapter 330 of the laws of 1991, is amended to read as follows: (b) Each county, city, town and village shall certify to the commis- sioner of transportation that amounts to be reimbursed are for construction, reconstruction or improvement of local highways, bridges and/or highway-railroad crossings, including right of way acquisition, preliminary engineering, and construction supervision and inspection where the service life of the project is at least ten years OR FOR
PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 WHERE THE PROJECT IS: (1) MICROSURFACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE. NO REIMBURSEMENT SHALL BE MADE FOR (1) MICROSURFACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV- ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. Such certif- ication shall include any such information as may be necessary to main- tain the federal tax exempt status of bonds, notes or other obligations issued by the New York state thruway authority pursuant to section 380 of the public authorities law. The commissioner shall in writing request the municipalities to furnish such information as may be necessary to comply with this section. S 7. This act shall take effect immediately; provided, however, that sections two, three, four, five and six of this act shall expire and be deemed repealed on April 1, 2012. PART B Section 1. Section 2 of chapter 279 of the laws of 1998, amending the transportation law relating to enabling the commissioner of transporta- tion to establish a single audit pilot program, as amended by section 1 of part E of chapter 59 of the laws of 2010, is amended to read as follows: S 2. This act shall take effect on December 31, 1998, except that the commissioner of transportation is immediately authorized to promulgate rules and regulations necessary for the implementation of this act [and shall expire December 31, 2011 when upon such date the provisions of this act shall be deemed repealed]. S 2. This act shall take effect immediately. PART C Section 1. Section 7 of chapter 312 of the laws of 1994, amending the vehicle and traffic law relating to suspensions of licenses pending prosecution of certain alcohol-related charges, and authorizations for probationary and conditional drivers' licenses, as amended by section 1 of part C of chapter 59 of the laws of 2009, is amended to read as follows: S 7. This act shall take effect immediately; provided however that sections three, four, five and six of this act shall take effect on the first day of November next succeeding the date on which it shall have become a law and shall apply to offenses committed on or after such date; provided further, however, that the amendment to paragraph (c) of subdivision 2 of section 1193 of the vehicle and traffic law made by section two of this act shall take effect on the same date as such para- graph takes effect pursuant to section 9 of chapter 533 of the laws of 1993, as amended[, provided, further, that the provisions of section four of this act shall remain in full force and effect until October 1, 2011 when upon such date the provisions of such section shall be deemed repealed and the provisions of law amended by such section shall revert to and be read as if the provisions of such section had not been enacted]. S 2. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2011.
PART D Section 1. Section 9 of chapter 533 of the laws of 1993, amending the vehicle and traffic law and the correction law relating to suspension and revocation of driver's licenses upon conviction of certain drug-re- lated offenses, as amended by section 1 of part D of chapter 59 of the laws of 2009, is amended to read as follows: S 9. This act shall take effect September 30, 1993 and shall apply to convictions based on offenses which occurred on or after such date [and shall remain in full force and effect until October 1, 2011 when upon such date the provisions of this act shall be deemed repealed and the provisions of law amended by this act shall revert to and be read as if the provisions of this act had not been enacted]. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. PART E Section 1. Section 12 of chapter 569 of the laws of 1981, amending the vehicle and traffic law relating to motor vehicle liability insurance, financial security, criminal acts and penalties for non-compliance, as amended by section 1 of part J of chapter 59 of the laws of 2009, is amended to read as follows: S 12. This act shall take effect on the first day of September, 1982 [and the amendments made to the provisions of the vehicle and traffic law by sections one through nine of this act shall expire on June 30, 2011 and shall apply to the use and operation of motor vehicles during such period. Upon such expiration date the provisions of such sections of such law shall revert to and be read as set out in law on the date immediately preceding the effective date of this act. The commissioner shall widely publicize the provisions of this act and take all actions necessary to prepare for its implementation prior to the effective date]. S 2. Section 15 of chapter 781 of the laws of 1983, amending the vehi- cle and traffic law and other laws relating to motor vehicle liability insurance, financial security, criminal acts and certain penalties for non-compliance, as amended by section 2 of part J of chapter 59 of the laws of 2009, is amended to read as follows: S 15. This act shall take effect immediately except that sections ten and eleven hereof shall NOT take effect [on June 30, 2011; the amend- ments made to the provisions of the vehicle and traffic law and the insurance law by sections one through seven of this act shall expire June 30, 2011; upon such date the provisions of such sections of such laws shall revert to and be read as set out in law on the date imme- diately preceding the effective date of this act] AND ARE HEREBY REPEALED. S 3. This act shall take effect immediately. PART F Intentionally omitted. PART G Section 1. Section 2 of chapter 393 of the laws of 1994, amending the New York state urban development corporation act relating to the powers
of the New York state urban development corporation to make loans, as amended by section 1 of part P of chapter 59 of the laws of 2010, is amended to read as follows: S 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2011] 2012, at which time the provisions of subdivision 26 of section 5 of the New York state urban development corporation act shall be deemed repealed; provided, however, that neither the expiration nor the repeal of such subdivision as provided for herein shall be deemed to affect or impair in any manner any loan made pursuant to the authority of such subdivision prior to such expiration and repeal. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. PART H Section 1. Section 217 of the state finance law, as amended by chapter 291 of the laws of 2004, is amended to read as follows: S 217. Linked loans. Linked loans shall be made by lenders pursuant to the program only to eligible businesses in connection with eligible projects. A linked loan shall be limited to a maximum amount of [one] TWO million dollars. An eligible business may receive more than one linked loan. During the life of the linked loan program, the total amount of money that a business can borrow from the linked program is [one] TWO million dollars. The credit decision for making a linked loan shall be made solely by the lender. Notwithstanding the length of the term of a linked loan, the linked deposit relating to the linked loan shall be for a period of not more than four years. S 2. The state finance law is amended by adding a new section 220 to read as follows: S 220. RENEWAL OF LINKED DEPOSIT. A LENDER MAY, ON BEHALF OF A BORROW- ER, APPLY TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT TO REQUEST A RENEWAL OF THE LINKED DEPOSIT FOR AN ADDITIONAL FOUR YEAR PERIOD TO CORRESPOND WITH A SECOND FOUR YEAR PERIOD OF A BORROWER'S LINKED LOAN. THE COMMISSIONER MAY GRANT SUCH APPLICATION IF THE COMMISSIONER DETER- MINES THAT THE BORROWER, DURING THE SECOND FOUR YEAR PERIOD OF THE LINKED LOAN, WILL CREATE ADDITIONAL INDUSTRIAL MODERNIZATION BENEFITS OR ADDITIONAL EXPORT TRADE BENEFITS OR ADDITIONAL JOBS. IF THE COMMISSIONER OF ECONOMIC DEVELOPMENT GRANTS SUCH APPLICATION, THE COMMISSIONER SHALL NOTIFY THE AUTHORIZED DEPOSITOR WHO MADE THE LINKED DEPOSIT THAT THE COMMISSIONER HAS DETERMINED THAT THE APPLICATION SATISFIES THE REQUIRE- MENTS OF THIS ARTICLE AND SHALL REQUEST THE AUTHORIZED DEPOSITOR TO CONTINUE THE LINKED DEPOSIT WITH THE LENDER FOR AN ADDITIONAL FOUR YEAR PERIOD IN ACCORDANCE WITH SECTION NINETY-EIGHT-A OF THIS CHAPTER AND WITH THE AUTHORIZED DEPOSITOR'S ESTABLISHED PROCEDURES. SUCH LINKED DEPOSIT SHALL CONTINUE TO BE SECURED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER. THE FIXED INTEREST RATE ON THE CONTINUED LINKED DEPOSIT SHALL BE THE LINKED DEPOSIT INTEREST RATE IN EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT. THE AUTHORIZED DEPOSITOR AND THE LENDER SHALL ENTER INTO A WRITTEN DEPOSIT AGREEMENT GOVERNING THE CONTINUATION OF THE LINKED DEPOSIT. THE INTEREST RATE PAYABLE ON THE LINKED LOAN FOR THE SECOND FOUR YEAR PERIOD SHALL BE, IN THE CASE OF A CERTIFIED BUSINESS IN AN ECONOMIC DEVELOPMENT ZONE OR AN ELIGIBLE BUSINESS LOCATED IN AN ECONOMICALLY DISTRESSED AREA OR FEDERAL EMPOWERMENT ZONE OR ENTERPRISE OR RENEWAL COMMUNITY OR A MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE, THREE PERCENTAGE POINTS
BELOW THE INTEREST RATE THE LENDER WOULD HAVE CHARGED FOR THE LOAN IN EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT; OR IN THE CASE OF A BUSINESS NOT LOCATED IN AN ECONOMIC DEVELOPMENT ZONE OR ECONOMICALLY DISTRESSED AREA OR FEDERAL EMPOWERMENT ZONE OR ENTERPRISE OR RENEWAL COMMUNITY OR WHICH IS NOT A MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE, TWO PERCENTAGE POINTS BELOW THE INTEREST RATE THE LENDER WOULD HAVE CHARGED FOR THE LOAN IN THE ABSENCE OF A LINKED DEPOSIT IN EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT. S 3. This act shall take effect immediately. PART I Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of chapter 57 of the laws of 2005 amending the labor law and other laws implementing the state fiscal plan for the 2005-2006 state fiscal year, relating to the New York state higher education capital matching grant program for independent colleges, as amended by part M of chapter 59 of the laws of 2010, is amended to read as follows: (a) The New York state higher education capital matching grant board is hereby created to have and exercise the powers, duties and preroga- tives provided by the provisions of this section and any other provision of law. The board shall remain in existence during the period of the New York state higher education capital matching grant program from the effective date of this section through March 31, [2011] 2012, or the date on which the last of the funds available for grants under this section shall have been disbursed, whichever is earlier; provided, however, that the termination of the existence of the board shall not [effect] AFFECT the power and authority of the dormitory authority to perform its obligations with respect to any bonds, notes, or other indebtedness issued or incurred pursuant to authority granted in this section. S 2. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of section 1 of part U of chapter 57 of the laws of 2005 amending the labor law and other laws implementing the state fiscal plan for the 2005-2006 state fiscal year, relating to New York state higher education matching grant program for independent colleges, as amended by section 3 of part M of chapter 59 of the laws of 2010, is amended to read as follows: (A) Notwithstanding the provision of any general or special law to the contrary, and subject to the provisions of chapter 59 of the laws of 2000 and to the making of annual appropriations therefor by the legisla- ture, in order to assist the dormitory authority in providing such high- er education capital matching grants, the director of the budget is authorized in any state fiscal year commencing April 1, 2005 or any state fiscal year thereafter for a period ending on March 31, [2011] 2012, to enter into one or more service contracts, none of which shall exceed 30 years in duration, with the dormitory authority, upon such terms as the director of the budget and the dormitory authority agree. S 3. Paragraph (b) of subdivision 7 of section 1 of part U of chapter 57 of the laws of 2005 amending the labor law and other laws implement- ing the state fiscal plan for the 2005-2006 state fiscal year, relating to New York state higher education matching grant program for independ- ent colleges, as amended by section 4 of part M of chapter 59 of the laws of 2010, is amended to read as follows: (b) Any eligible institution receiving a grant pursuant to this arti- cle shall report to the dormitory authority no later than June 1, [2011] 2012, on the use of funding received and its programmatic and economic
impact. The dormitory authority shall submit a report no later than November 1, [2011] 2012 to the board, the governor, the director of the budget, the temporary president of the senate, and the speaker of the assembly on the aggregate impact of the higher education capital match- ing grant program. Such report shall provide information on the progress and economic impact of such project. S 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. PART J Section 1. Paragraph (b) of subdivision 2 of section 2975 of the public authorities law, as amended by section 1 of part O of chapter 59 of the laws of 2008, is amended to read as follows: (b) On or before November first, two thousand three and on or before November first of each year thereafter, the director of the budget shall determine the amount owed under this section by each public benefit corporation. The director of the budget may reduce, in whole or part, the amount of such assessment if the payment thereof would necessitate a state appropriation for the purpose, or would otherwise impose an extraordinary hardship upon the affected public benefit corporation. The aggregate amount assessed under this section in any given state fiscal year may not exceed [fifty-five million dollars] SIXTY MILLION DOLLARS. S 2. Section 2975-a of the public authorities law is REPEALED. S 3. All monies paid by or on behalf of any industrial development agency or authority as of the effective date of this act to reimburse to New York state an allocable share of state governmental costs attribut- able to the provision of services to industrial development agencies as determined pursuant to section 2975-a of the public authorities law shall be reimbursed to the paying entity within ninety days of the effective date of this act. S 4. This act shall take effect immediately provided however section two of this act shall be deemed to have been in full force and effect on and after April 1, 2009. PART K Section 1. Section 159-i of the executive law, as amended by section 1 of part Y of chapter 59 of the laws of 2010, is amended to read as follows: S 159-i. Distribution of funds. [For federal fiscal year two thousand eleven at] AT least ninety percent of the community services block grant funds received by the state shall be distributed pursuant to a contract by the secretary to eligible entities as defined in subdivision one of section one hundred fifty-nine-e of this article. Each such eligible entity shall receive the same proportion of community services block grant funds as was the proportion of funds received in the immediately preceding federal fiscal year under the federal community services block grant program as compared to the total amount received by all eligible entities in the state, under the federal community services block grant program. [For federal fiscal year two thousand eleven the] THE secretary shall, pursuant to section one hundred fifty-nine-h of this article, retain not more than five percent of the community services block grant funds for administration at the state level.
[For federal fiscal year two thousand eleven the] THE remainder of the community services block grant funds received by the state shall be distributed pursuant to a contract by the secretary in the following order of preference: a sum of up to one-half of one percent of the community services block grant funds received by the state to Indian tribes and tribal organizations as defined in this article, on the basis of need; and to community based organizations. Such remainder funds received by eligible entities will not be included in determining the proportion of funds received by any such entity in the immediately preceding federal fiscal year under the federal community services block grant program. S 2. Section 5 of chapter 728 of the laws of 1982, amending the execu- tive law relating to community services block grant programs, as amended by section 2 of part Y of chapter 59 of the laws of 2010, is amended to read as follows: S 5. This act shall take effect immediately provided, however, that section four hereof shall take effect October 1, 1982 and provided further, however, that the provisions of sections two, three and four of this act shall be in full force and effect only until September 30, 1983 [and section one of this act shall be in full force and effect until September 30, 2011, provided, however, that the distribution of funds pursuant to section 159-i of the executive law shall be limited to the federal fiscal year expressly set forth in such section]. S 3. Section 7 of chapter 710 of the laws of 1983, amending the execu- tive law relating to community services block grant programs, as amended by section 3 of part Y of chapter 59 of the laws of 2010, is amended to read as follows: S 7. This act shall take effect September 30, 1983 [and shall be in full force and effect only until September 30, 2011 at which time the amendments and additions made pursuant to the provisions of this act shall be deemed to be repealed, provided, however, that the distribution of funds pursuant to section 159-i of the executive law shall be limited to the federal fiscal year expressly set forth in such section]. S 4. This act shall take effect immediately. PART L Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part B of chapter 19 of the laws of 2010, is amended to read as follows: S 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 and shall expire March 31, [2011] 2013. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2011. PART M Intentionally omitted. PART N
Intentionally omitted. PART O Section 1. Subdivision 3 of section 164-d of the executive law, as added by chapter 65 of the laws of 2005, is amended to read as follows: 3. The office for technology[, in consultation with the governor's office of regulatory reform,] shall promulgate rules and regulations to implement the provisions of this section. Such rules shall at least provide for the prioritization and timing for making application forms available on the internet. S 2. Subdivision 46 of section 100 of the economic development law, as added by chapter 427 of the laws of 2008, is amended to read as follows: 46. to prepare[, in cooperation with the governor's office of regula- tory reform,] an annual summary for the small business community of the key legislative, budgetary and regulatory changes impacting small busi- nesses. Agencies shall cooperate with the department [and the governor's office of regulatory reform] in developing the annual summary. The annual summary shall be written in plain language and shall provide specific contact information within the appropriate agency for inquiries regarding implementation and compliance. The annual summary shall be posted on the department website on or before September first of each year. S 3. Section 102-a of the state administrative procedure act, as added by chapter 419 of the laws of 2007, is amended to read as follows: S 102-a. Small business regulation guides. For each rule or group of related rules which significantly impact a substantial number of small businesses, the agency which adopted the rule shall post on its website one or more guides explaining the actions a small business may take to comply with such rule or group of rules if the agency determines[, in conjunction with the governor's office of regulatory reform,] that such guide or guides will assist small businesses in complying with the rule, and shall designate each such posting as a "small business regulation guide". The guide shall explain the actions a small business may take to comply with a rule or group of rules. The agency shall, in its sole discretion, taking into account the subject matter of the rule and the language of relevant statutes, ensure that the guide is written using sufficiently plain language that it is likely to be understood by affected small businesses. Agencies shall cooperate with [the governor's office of regulatory reform and] other state agencies in developing such guides. [The governor's office of regulatory reform shall oversee and coordinate the preparation of such small business regulation guides by agencies.] S 4. Subparagraph (iii) of paragraph (b) of subdivision 9 of section 202 of the state administrative procedure act, as added by chapter 230 of the laws of 2006, is amended to read as follows: (iii) The secretary of state shall provide that the direct link between the electronic copy of the state register and the electronic mail address provided by an agency [shall also deliver to the governor's office of regulatory reform a copy of all comments submitted]. S 5. Subdivision 8 of section 202-b of the state administrative proce- dure act is REPEALED. S 6. Paragraph (d) of subdivision 1 of section 202-d of the state administrative procedure act, as added by chapter 193 of the laws of 2008, is amended to read as follows:
(d) An agency shall identify each rule described in its regulatory agenda for which a regulatory flexibility analysis or a rural area flex- ibility analysis may be required, and shall provide outreach as appro- priate to potentially affected small businesses, local governments and public and private interests in rural areas. Such outreach may include solicitation of input from potentially affected parties through elec- tronic means or through any of the activities listed in subdivision six of section two hundred two-b and subdivision seven of section two hundred two-bb of this article. [In addition, the agency shall provide a copy of the description of each rule subject to the provisions of this paragraph to the governor's office of regulatory reform, which may in its discretion include the description and additional information on the rule in the quarterly report issued pursuant to subdivision eight of section two hundred two-b of this article.] S 7. This act shall take effect immediately; provided, that the amend- ment to paragraph (d) of subdivision 1 of section 202-d of the state administrative procedure act made by section six of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith. PART P Section 1. Notwithstanding any law to the contrary, the comptroller is hereby authorized and directed to receive for deposit to the credit of the general fund the amount of up to $913,000 from the New York state energy research and development authority. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. PART Q Section 1. Expenditures of moneys appropriated in a chapter of the laws of 2011 to the energy research and development authority, under the research, development and demonstration program, from the special reven- ue funds - other/state operations, miscellaneous special revenue fund - 339, energy research and planning account, and special revenue funds - other/aid to localities, miscellaneous special revenue fund - 339, ener- gy research and planning account shall be subject to the provisions of this section. Notwithstanding the provisions of subdivision 4-a of section 18-a of the public service law, all moneys committed or expended shall be reimbursed by assessment against gas corporations and electric corporations as defined in section 2 of the public service law, and the total amount which may be charged to any gas corporation and any elec- tric corporation shall not exceed one cent per one thousand cubic feet of gas sold and .010 cent per kilowatt-hour of electricity sold by such corporations in their intrastate utility operations in calendar year 2009. Such amounts shall be excluded from the general assessment provisions of subdivision 2 of section 18-a of the public service law, but shall be billed and paid in the manner set forth in such subdivision and upon receipt shall be paid to the state comptroller for deposit in the state treasury for credit to the miscellaneous special revenue fund. The director of the budget shall not issue a certificate of approval with respect to the commitment and expenditure of moneys hereby appro- priated until the chair of such authority shall have submitted, and the director of the budget shall have approved, a comprehensive financial plan encompassing all moneys available to and all anticipated commit-
ments and expenditures by such authority from any source for the oper- ations of such authority. Copies of the approved comprehensive financial plan shall be immediately submitted by the director of the budget to the chairs and secretaries of the legislative fiscal committees. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. PART R Section 1. Notwithstanding any other law, rule or regulation to the contrary, expenses of the department of health public service education program incurred pursuant to appropriations from the cable television account of the state miscellaneous special revenue funds shall be deemed expenses of the department of public service. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. PART S Section 1. Section 9 of chapter 67 of the laws of 1992, amending the environmental conservation law relating to pesticide product registra- tion timetables and fees, as amended by section 1 of part FF of chapter 59 of the laws of 2008, is amended to read as follows: S 9. This act shall take effect April 1, 1992 provided, however, that section [3] THREE of this act shall take effect July 1, 1993 and shall expire and be deemed repealed on July 1, [2011]2014. S 2. Section 33-0705 of the environmental conservation law, as amended by section 2 of part FF of chapter 59 of the laws of 2008, subdivisions a and b as amended by section 5 of part YY of chapter 59 of the laws of 2009, is amended to read as follows: S 33-0705. Fee for registration. The applicant for registration shall pay a fee as follows: a. On or before July 1, [2011] 2014, six hundred dollars for each pesticide proposed to be registered, provided that the applicant has submitted to the department proof in the form of a federal income tax return for the previous year showing gross annual sales, for federal income tax purposes, of three million five hundred thousand dollars or less; b. On or before July 1, [2011] 2014, for all others, six hundred twen- ty dollars for each pesticide proposed to be registered; c. After July 1, [2011] 2014, fifty dollars for each pesticide proposed to be registered. S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. PART T Intentionally omitted. PART U Section 1. Subparagraph (i) of paragraph c of subdivision 3 of section 16-s of section 1 of chapter 174 of the laws of 1968, constituting the urban development corporation act, as amended by section 1 of part XX of chapter 59 of the laws of 2009, is amended to read as follows:
(i) An eligible food market applicant may be a for-profit business enterprise (including a corporation, limited liability company, sole proprietor, cooperative or partnership), [a nonprofit organization] NOT-FOR-PROFIT CORPORATION, AGRICULTURAL COOPERATIVE CORPORATION, PUBLIC BENEFIT CORPORATION, MUNICIPAL CORPORATION, REGIONAL MARKET FACILITY, or a food cooperative. S 2. Section 16 of the agriculture and markets law is amended by adding new subdivision 46 to read as follows: 46. WITHIN THE AMOUNT OF MONIES APPROPRIATED OR OTHERWISE MADE AVAIL- ABLE THEREFOR, ESTABLISH, ADMINISTER AND OPERATE, OR PROVIDE FOR THE ADMINISTRATION AND OPERATION OF, A PROGRAM, WHICH MAY INCLUDE ESTABLISH- MENT OF A REVOLVING LOAN FUND, TO ASSIST IN THE DEVELOPMENT, IMPLEMENTA- TION AND OPERATION OF AGRICULTURAL PROGRAMS. S 3. Section 260 of the agriculture and markets law is amended by adding a new subdivision 9 to read as follows: 9. "FOOD DESERT" SHALL MEAN AN AREA WITH LIMITED ACCESS TO AFFORDABLE AND NUTRITIOUS FOOD, PARTICULARLY SUCH AN AREA THAT IS COMPOSED OF PREDOMINATELY LOWER-INCOME NEIGHBORHOODS AND COMMUNITIES. S 4. Subdivision 1 of section 262 of the agriculture and markets law, as amended by chapter 612 of the laws of 2006, and paragraph (b) as amended by chapter 126 of the laws of 2007, is amended to read as follows: 1. There is hereby created within the department a program of grants for the purpose of providing state assistance for farmer's markets. In administering such program, the commissioner, to the extent feasible, shall ensure an equitable distribution of awards to rural areas and other areas of the state. State assistance provided pursuant to this section may be awarded for: (a) the construction, reconstruction, improvement, expansion or reha- bilitation of farmers' markets. Grants provided pursuant to this para- graph shall not exceed the lesser of fifty percent of project cost or fifty thousand dollars per project in any fiscal year. (b) the purpose of providing promotional support for farmer's markets. Grants provided pursuant to this paragraph shall not exceed the lesser of fifty percent of project cost or [five] SEVEN thousand FIVE HUNDRED dollars per applicant in any fiscal year. (C) EQUIPMENT COSTS ASSOCIATED WITH IMPROVING FARMERS' MARKET FUNC- TIONS, INCLUDING BUT NOT LIMITED TO EXPANDING ACCESS TO ELECTRONIC BENE- FIT TRANSFER TECHNOLOGY FOR FARMERS' MARKETS AND OTHER NON-TRADITIONAL FOOD ACCESS POINTS IN FOOD DESERTS IN THE STATE. S 5. This act shall take effect immediately. PART V Intentionally omitted. PART W Section 1. Subdivision 3 of section 99-h of the state finance law, as amended by section 1 of part QQ of chapter 59 of the laws of 2009, is amended to read as follows: 3. Moneys of the account, following [appropriation] THE SEGREGATION OF APPROPRIATIONS ENACTED by the legislature, shall be available for purposes including but not limited to: (a) reimbursements or payments to municipal governments that host tribal casinos pursuant to a tribal- state compact for costs incurred in connection with services provided to
such casinos or arising as a result thereof, for economic development opportunities and job expansion programs authorized by the executive law; provided, however, that for any gaming facility located in the city of Buffalo, the city of Buffalo shall receive a minimum of twenty-five percent of the negotiated percentage of the net drop from electronic gaming devices the state receives pursuant to the compact, and provided further that for any gaming facility located in the city of Niagara Falls, county of Niagara a minimum of twenty-five percent of the negoti- ated percentage of the net drop from electronic gaming devices the state receives pursuant to the compact shall be distributed in accordance with subdivision four of this section, and provided further that for any gaming facility located in the county or counties of Cattaraugus, Chau- tauqua or Allegany, the municipal governments of the state hosting the facility shall collectively receive a minimum of twenty-five percent of the negotiated percentage of the net drop from electronic gaming devices the state receives pursuant to the compact; and provided further that pursuant to chapter five hundred ninety of the laws of two thousand four, a minimum of twenty-five percent of the revenues received by the state pursuant to the state's compact with the St. Regis Mohawk tribe shall be made available to the counties of Franklin and St. Lawrence, and affected towns in such counties. Each such county and its affected towns shall receive fifty percent of the moneys made available by the state; and (b) support and services of treatment programs for persons suffering from gambling addictions. Moneys not [appropriated] SEGREGATED for such purposes shall be transferred to the general fund for the support of government during the fiscal year in which they are received. S 2. Paragraph (a) of subdivision 4 of section 99-h of the state finance law, as amended by section 2 of part QQ of chapter 59 of the laws of 2009, is amended to read as follows: (a) Monies which are appropriated and received each year by the state as a portion of the negotiated percentage of the net drop from electron- ic gaming devices the state receives in relation to the operation of a gaming facility in the city of Niagara Falls, county of Niagara which subdivision three of this section requires to be a minimum of twenty- five percent, shall be budgeted and disbursed by the city of Niagara Falls in the following manner: (i) [seventy-five] SEVENTY-THREE AND ONE-HALF percent of the total annual amount received shall be available for expenditure by the city of Niagara Falls for such public purposes as are determined, by the city, to be necessary and desirable to accommodate and enhance economic devel- opment, neighborhood revitalization, public health and safety, and infrastructure improvement in the city, shall be deposited into the tribal revenue account of the city and any and all interest and income derived from the deposit and investment of such monies shall be deposit- ed into the general operating fund of the city; PROVIDED HOWEVER, THAT ANY AMOUNT ALLOCATED TO THE NIAGARA FALLS UNDERGROUND RAILROAD HERITAGE COMMISSION, TO THE EXTENT THAT ITS SHARE PURSUANT TO THE FORMULA ESTAB- LISHED IN CLAUSE FIVE OF SUBPARAGRAPH (II) OF THIS PARAGRAPH EXCEEDS ONE PERCENT, SUCH AMOUNTS SHALL BE DISTRIBUTED FROM THE FUNDS AVAILABLE TO THE CITY FOR ITS PUBLIC PURPOSES PURSUANT TO THIS PARAGRAPH; and (ii) the remaining [twenty-five] TWENTY-SIX AND ONE-HALF percent of the total annual amount received shall be allocated for the city of Niagara Falls to be available for expenditure in the following manner: (1) within thirty-five days upon receipt of such funds by such city, five and one-half percent of the total annual amount received in each year, not to exceed seven hundred fifty thousand dollars annually, shall
be transferred to Niagara Falls memorial medical center to be used for capital construction projects; and (2) within thirty-five days upon receipt of such funds by such city, five and one-half percent of the total annual amount received in each year, not to exceed seven hundred fifty thousand dollars annually, shall be transferred to the Niagara Falls city school district for capital construction projects; and (3) within thirty-five days upon receipt of such funds by such city, [six] SEVEN percent in each year shall be transferred to the Niagara tourism and convention center corporation for marketing and tourism promotion in the county of Niagara including the city of Niagara Falls; and (4) an amount equal to the lesser of one million dollars or seven percent of the total amount in each year shall be transferred to the city of Niagara Falls and held in an escrow account maintained by the city of Niagara Falls and, if additional funding has been secured by the Niagara frontier transportation authority to finance construction of a new terminal at Niagara Falls, such amount held in escrow shall be transferred to the Niagara frontier transportation authority for such purpose provided however that if such additional funding has not been secured or construction of a new terminal has not commenced within two years of the date which such monies were received by the city of Niagara Falls such amounts held in escrow by the city of Niagara Falls shall be distributed pursuant to subparagraph (iii) of this paragraph; and (5) within thirty-five days upon receipt of such funds by such city, one percent or three hundred fifty thousand dollars, whichever is great- er, of the total annual amount received in each year shall be trans- ferred to the Niagara Falls Underground Railroad Heritage Commission, established pursuant to article forty-three of the parks, recreation and historic preservation law to be used for, but not limited to, develop- ment, capital improvements, acquisition of real property, and acquisi- tion of personal property within the heritage area in the city of Niagara Falls as established pursuant to the commission; PROVIDED IN THE EVENT THE DISTRIBUTION AVAILABLE PURSUANT TO THIS CLAUSE EXCEEDS ONE PERCENT, IT SHALL BE DISTRIBUTED FROM THE MONEYS AVAILABLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH; and (iii) all other monies appropriated or received for distribution pursuant to this subdivision after the transfer of money pursuant to this subparagraph and subparagraphs (i) and (ii) of this paragraph in each year shall be allocated to the city of Niagara Falls for infras- tructure and road improvement projects. S 3. This act shall take effect immediately; provided that: (a) the amendments to subdivision 3 of section 99-h of the state finance law made by section one of this act shall expire and be deemed repealed March 31, 2013; and (b) the amendments to paragraph (a) of subdivision 4 of section 99-h of the state finance law made by section two of this act shall not affect the expiration of such section and shall be deemed to expire therewith. PART X Intentionally omitted. PART Y
Section 1. Subdivisions 1 and 6 of section 408 of the general business law, as added by chapter 509 of the laws of 1992, are amended to read as follows: 1. All licenses shall expire [two] FOUR years from the date of issu- ance. 6. Any license, which has not been suspended or revoked, may, upon the payment of the renewal fee, be renewed for additional periods of [two] FOUR years from its application, without further examination, upon the filing of an application for such renewal, on a form to be prescribed by the secretary. S 2. Subdivisions 1, 2 and 7 of section 409 of the general business law, subdivision 1 as amended by chapter 341 of the laws of 1998 and subdivisions 2 and 7 as added by chapter 509 of the laws of 1992, are amended to read as follows: 1. The non-refundable fee for an application for a license to engage in the practice of nail specialty, waxing, natural hair styling, esthet- ics or cosmetology, shall be [twenty] FORTY dollars initially and for each renewal thereof the fee shall be [twenty] FORTY dollars; the fee for a temporary license and each renewal shall be ten dollars. 2. The fee for an appearance enhancement business license shall be [thirty] SIXTY dollars initially and [thirty] SIXTY dollars for each renewal thereof. 7. The fees herein set forth shall be those for licenses issued for the license period of [two] FOUR years. S 3. Subdivisions 2 and 4 of section 437 of the general business law, subdivision 2 as amended by chapter 497 of the laws of 1985 and subdivi- sion 4 as added by chapter 801 of the laws of 1946 and as renumbered by chapter 263 of the laws of 1949, are amended to read as follows: 2. A certificate of registration as an apprentice shall be for a peri- od of [two] FOUR years. 4. A certificate of registration expiring in any year, which has not been revoked, may, upon payment of the fee prescribed by this article, be renewed for additional periods of [two] FOUR years upon filing an application therefor and the certificate mentioned in subdivision two on condition, however, that no certificate of registration may be issued after one renewal, unless the applicant for such certificate of regis- tration has complied with all the provisions of this article relating to apprentices. S 4. Subdivisions 1 and 4 of section 439 of the general business law, subdivision 1 as amended by chapter 497 of the laws of 1985 and subdivi- sion 4 as amended by chapter 243 of the laws of 1999, are amended to read as follows: 1. All licenses, except temporary licenses, shall be for a period of [two] FOUR years. 4. Any license or certificate, except a temporary license, which has not been suspended or revoked, may, upon the payment of the renewal fee prescribed by this article, be renewed for additional periods of [two] FOUR years from its expiration, without further examination, upon the filing of any application for such renewal, on a form to be prescribed by the secretary of state, accompanied by the certificate required by paragraph (c) and the certificate of completion required by paragraph (e-1) of subdivision one of section four hundred thirty-four of this article. S 5. Subdivisions 1, 2, 4 and 8 of section 440 of the general business law, as amended by chapter 61 of the laws of 1989, are amended to read as follows:
1. The fee for a license to engage in the practice of barbering shall be [twenty] FORTY dollars and for each renewal thereof the fee shall be [twenty] FORTY dollars. 2. The fee for a license to conduct a barber shop shall be [thirty] SIXTY dollars and for each renewal thereof the fee shall be [thirty] SIXTY dollars. 4. The fee for the registration or the renewal of the registration of an apprentice shall be [ten] TWENTY dollars. 8. The fees hereinabove set forth shall be those for licenses issued for the license period of [two] FOUR years. Notwithstanding the provisions of subdivision one of section four hundred thirty-nine of this article, after [January first, nineteen hundred eighty-six] APRIL FIRST, TWO THOUSAND ELEVEN, the secretary of state shall assign stag- gered expiration dates for outstanding licenses that have been previous- ly renewed [on June thirtieth of each year] and such licenses shall thereafter expire [two] FOUR years from the assigned date unless renewed. [If the assigned date results in a term that exceeds twenty- four months, the applicant shall pay an additional prorated adjustment together with the regular renewal fee.] The secretary of state shall assign dates to existing licenses in a manner which shall result in a term of not less than [two] FOUR years. S 6. This act shall take effect immediately. PART Z Intentionally omitted. PART AA Section 1. Section 13-0355 of the environmental conservation law, as added by section 6 of part LL of chapter 59 of the laws of 2009, is amended to read as follows: S 13-0355. Recreational marine fishing [license] REGISTRATION. 1. Definitions of [licenses] REGISTRATIONS; privileges. [a.] A recre- ational marine fishing [license] REGISTRATION entitles the holder who is sixteen years of age or older to take fish from the waters of the marine and coastal district and to take migratory fish of the sea from all waters of the state, except as provided in sections 13-0333 and 13-0335 of this title. A recreational marine fishing [license] REGISTRATION is effective for a [license] REGISTRATION year beginning January first and ending December thirty-first. [b. A seven-day recreational marine fishing license entitles the holder to exercise the privileges of a recreational marine fishing license for the seven consecutive days specified in such license. c. A one-day recreational marine fishing license entitles the holder to exercise the privileges of a recreational marine fishing license on the day specified on such license.] 2. General provisions. a. The privileges of a recreational marine fishing [license] REGISTRATION may be exercised only at the times and places, and in the manner and to the extent, permitted by the fish and wildlife law and applicable regulations of the department. b. Recreational marine fishing [licenses] REGISTRATIONS are not trans- ferable. No person shall alter, change, lend to another person or attempt to transfer to another person any recreational marine fishing [license] REGISTRATION.
c. A [license] REGISTRATION issued in lieu of a lost or destroyed [license] REGISTRATION is void if it is obtained: (i) by fraud; or (ii) by a person who is not authorized to hold it or who makes a false state- ment in applying for it. d. No [license] REGISTRATION authorizes the holder (a) to trespass upon private lands or waters or to interfere with property belonging to another person; (b) to take fish or wildlife on an Indian reservation; (c) to enter upon, or to take or disturb fish or wildlife upon, state lands or waters posted by the department except in accordance with a written permit from the department or an order adopted by the depart- ment; (d) to take any fish or wildlife in any area closed to the taking of fish or wildlife, or to take any species of fish, wildlife or protected insect in an area closed to the taking of such species. 3. Failure to carry [license] REGISTRATION. a. The holder of a recre- ational marine fishing [license] REGISTRATION shall: (i) at all times have such [license] REGISTRATION on the holder's person while exercising any privilege of that [license] REGISTRATION; and (ii) shall exhibit such [license] REGISTRATION on demand to any police officer, peace officer, or owner, lessee or other person in control of the lands or waters or the designees of the owner, lessee or person in control of the lands or waters on which the [license] REGISTRATION hold- er is present and is exercising the privileges thereof. b. Failure to have a recreational marine fishing [license] REGISTRA- TION on one's person while exercising any privilege of that [license] REGISTRATION is presumptive evidence that such person is fishing without holding the [license] REGISTRATION required by this section. 4. Fees. [Each] NO applicant for a recreational marine fishing [license] REGISTRATION shall [pay to the issuing officer a fee according to the license issued and the residence or other qualification of the applicant, as follows: a. In the case of persons who have been residents of the state for thirty days or more immediately preceding the date of application or who are enrolled in a full-time course at a college or university within the state and who are in residence in the state for the school year, Indians residing off reservations in the state and members of the United States armed forces in active service stationed in this state regardless of place of residence at the time of entry into service: License Fee (1) Recreational marine fishing $10.00 (2) Seven-day recreational marine fishing $ 8.00 (3) One-day recreational marine fishing $ 4.00 b. In the case of a non-resident and persons resident in the state for less than thirty days, other than persons who are enrolled in a full- time course at a college or university within the state and who are in residence in the state for the school year and those members of the United States armed forces as to whom fees are specified in paragraph a of this subdivision: License Fee (1) Recreational marine fishing $15.00 (2) Seven-day recreational marine fishing $10.00 (3) One-day recreational marine fishing $ 5.00
c. A person eligible for any free license pursuant to subdivision 2 of section 11-0715 of this chapter shall be eligible for a free recreation- al marine fishing license. d. License issuing officers may retain 5.5 percent of the gross proceeds from the sale of all recreational marine fishing licenses]
BE REQUIRED TO PAY A FEE FOR SUCH REGISTRATION. 5. Exemption from requirement of recreational marine fishing [license] REGISTRATION. a. Minors under the age of sixteen may take fish as if they held a recreational marine fishing [license] REGISTRATION. b. Recreational fishing passengers on a marine and coastal district party or charter boat licensed AND REGISTERED pursuant to section 13-0336 of this title may take fish as if they held a recreational marine fishing [license] REGISTRATION. 6. Recreational marine fishing [licenses] REGISTRATION data. a. The department is authorized to collect data on holders of recreational marine fishing [licenses] REGISTRATIONS, which shall include but not be limited to, a [licensee's] REGISTRANT'S name, address and date of birth. b. [License] REGISTRATION holder data collected by the department or available to the department shall be confidential and shall not be disclosed except as required to comply with section 401(g) of the Magnu- son-Stevens fisheries management and conservation act (16 U.S.C. 1881), as may be amended from time to time, or by court order, except that the department may release or make public any statistics in an aggregate or summary form which does not make it possible to identify any person who submits such data. The department may prescribe such procedures as may be necessary to preserve such confidentiality. 7. Reciprocity in boundary waters. If persons holding recreational marine fishing [licenses] REGISTRATIONS issued under the New York fish and wildlife law are not required to have licenses OR REGISTRATIONS issued by a state named in paragraph a, b or c of this subdivision when fishing in that part of the waters, specified in such paragraph, which lies within that state then, in such case, a person holding a similar license OR REGISTRATION issued by such state may, without a recreational marine fishing [license] REGISTRATION issued under the New York fish and wildlife law, take fish as provided in this title, from that part of such waters specified in paragraph a, b or c of this subdivision which lies within this state: a. License OR REGISTRATION issued by Connecticut: those parts of Long Island Sound lying between New York and Connecticut. b. License OR REGISTRATION issued by New Jersey: those parts of New York Harbor, Hudson River, Kill Van Kull, Arthur Kill, Raritan Bay and Atlantic Ocean lying between New York and New Jersey. c. License OR REGISTRATION issued by Rhode Island: those parts of Long Island Sound, Block Island Sound and Atlantic Ocean lying between New York and Rhode Island. S 2. Subdivision 1 of section 11-0702 of the environmental conserva- tion law, as amended by chapter 507 of the laws of 2010, is amended to read as follows: 1. There are hereby created the following lifetime hunting, fishing, trapping, archery and muzzle-loading licenses and fees therefor subject to the same privileges and obligations of a comparable short term license: Licenses Fees a. Lifetime sportsman license and turkey
permit. If purchased, for a child four years of age or younger $380.00 for a child age five through eleven years of age $535.00 for a person age twelve through sixty-nine years of age $765.00 for a person age seventy and over. $65.00 b. Lifetime small and big game license. $535.00 c. Lifetime fishing license for a person age sixty-nine or younger. $460.00 d. Lifetime fishing license for a person age seventy and over. $ 65.00 e. Lifetime trapping license. $395.00 f. Lifetime archery stamp. $235.00 g. Lifetime muzzle- loading stamp. $235.00 [h. Lifetime recreational marine fishing license. $150.00 i. Lifetime combination fishing and recreational marine fishing license. $450.00] j. For transfer to a person pursuant to section 11-0704 of this title $50.00 The holder of a lifetime small and big game license or fishing license may, at any time, convert such license to a lifetime sportsman license and turkey permit for an additional fee equal to the existing differen- tial. S 3. Subdivision 1 of section 11-0713 of the environmental conserva- tion law, as amended by section 4 of part LL of chapter 59 of the laws of 2009, is amended to read as follows: 1. a. All licenses, stamps, tags, buttons, permits, REGISTRATIONS, and permit applications authorized by this title or section 13-0355 of this chapter, and any additional privileges authorized by the department shall be issued by: (1) clerks of a county, town or city, except a city having a popu- lation of one million or more, although such clerks may request authori-
zation from the department to cease issuing such licenses OR REGISTRA- TIONS, (2) clerks of a village having more than one thousand inhabitants according to the last preceding federal census, or of a village in a county of less than five hundred thousand inhabitants, adjoining a city of over one million inhabitants, both according to such census, although such clerks may request authorization from the department to cease issu- ing such licenses OR REGISTRATIONS, and (3) license issuing officers as may be appointed by the commissioner. Applicants for designation as license issuing officers shall be over the age of eighteen years and shall meet such other requirements of eligi- bility, including posting bond, as the department may by regulation specify. Such issuing officers shall be entitled to receive and keep the same fees for issuing licenses and stamps that are specified in section 11-0715 of this title for issuing clerks [and section 13-0355 of this chapter], and shall file reports and remit license fees to the appropri- ate regional environmental conservation officer or the department as required by regulation. b. Special antlerless deer licenses shall be issued by the department as provided in subdivision 6 of section 11-0903 of this article. c. One-day fishing licenses [and one-day recreational marine fishing licenses] may be issued by any person who has never been convicted of or pleaded guilty to a misdemeanor under this chapter within the past three years, and has not been convicted of a crime under any other law. Such licenses shall be issued to any such person following payment of the applicable license fee for each license. One-day fishing licenses [and one-day recreational marine fishing licenses] may be sold by the initial purchaser for no more than the applicable license fee, plus one dollar for the person selling such license. In the case of misuse or fraud in handling the fishing licenses, the department shall have the authority to revoke the privilege to buy and sell the licenses. S 4. Subdivision 1 of section 13-0336 of the environmental conserva- tion law, as amended by section 5 of part LL of chapter 59 of the laws of 2009, is amended to read as follows: 1. No owner or operator of a party boat or charter boat shall carry recreational fishing passengers in the marine and coastal district or land fish taken outside the territorial waters of the state without holding a party or charter boat license issued by the department for an annual fee of two hundred fifty dollars and a recreational marine fish- ing [license] REGISTRATION issued by the department [for an annual fee of four hundred dollars]. Such [licenses] LICENSE AND REGISTRATION shall be issued only to persons domiciled in the state or in a state which affords reciprocal fishing privileges to persons domiciled in New York. Such [licenses] LICENSE AND REGISTRATION shall be available on the vessel at all times. For purposes of this subdivision, party boats and charter boats are vessels used to carry passengers for hire wherein a fee is charged, either directly or indirectly, for the purpose of taking or attempting to take marine fish for recreational purposes. S 5. Paragraphs (c), (d), and (e) of subdivision 2 of section 13-0503 of the environmental conservation law, paragraphs (c) and (d) as added and paragraph (e) as amended by section 7 of part LL of chapter 59 of the laws of 2009, are amended to read as follows: (c) review the allocations and expenditures of the department related to the marine resources account. To assist the board in its review, the department shall by September first of each year make available to the board, the governor and the legislature current and anticipated income
and expenditures for the account, including planned expenditures by time and activity code for the next fiscal year; AND (d) consult with marine fish and wildlife interests and render annual reports to the commissioner on fiscal needs and make recommendations on expenditures and how such needs shall be met[; and (e) make recommendations regarding the maximum fees for the recre- ational marine fishing licenses identified in section 13-0355 of this article. In recommending such fees, the board shall consider economic indicators, the general financial condition of the saltwater recreation- al fishing industry and the status of the marine resources account, including the viability of the marine resources program, as it may deem appropriate]. S 6. Any person who holds a recreational marine fishing license for the 2011 calendar year shall be deemed to have satisfied the registra- tion requirements of sections 13-0355 and 13-0336 of the environmental conservation law for the calendar year 2011. S 7. Any person who holds a lifetime combination fishing and recre- ational marine fishing license shall be issued a lifetime fishing license without paying the additional ten dollars that would otherwise be charged for the lifetime fishing license. S 8. Any person who purchased a lifetime recreational marine fishing license shall be entitled to a refund from the state fish and game trust account. All refunds must be provided by December 31, 2011. S 9. This act shall take effect immediately and shall expire and be deemed repealed December 31, 2013. PART BB Section 1. Subdivision 3 of section 19-0323 of the environmental conservation law, as added by chapter 629 of the laws of 2006, is amended to read as follows: 3. Any diesel powered heavy duty vehicle that is owned by, operated by or on behalf of, or leased by a state agency and state and regional public authority with more than half of its governing body appointed by the governor shall utilize the best available retrofit technology for reducing the emission of pollutants. The commissioner shall promulgate regulations for the implementation of this subdivision specifying [procedures for compliance according to the following schedule: a. Not less than 33% of the vehicles covered by this subdivision shall have best available retrofit technology on or before December 31, 2008. b. Not less than 66% of the vehicles covered by this subdivision shall have best available retrofit technology on or before December 31, 2009. c. All] THAT ALL vehicles covered by this subdivision shall have best available retrofit technology on or before December 31, [2010] 2012. S 2. This act shall take effect immediately. PART CC Section 1. Short title. This act shall be known and may be cited as the "recharge New York power program act." S 2. The economic development law is amended by adding a new section 188-a to read as follows: S 188-A. RECHARGE NEW YORK POWER PROGRAM. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(1) "APPLICABLE CRITERIA" SHALL MEAN THE CRITERIA SPECIFIED IN SUBDI- VISION (C) OF THIS SECTION. (2) "AUTHORITY" SHALL MEAN THE POWER AUTHORITY OF THE STATE OF NEW YORK. (3) "RECHARGE NEW YORK POWER ALLOCATION" OR "ALLOCATION" SHALL MEAN AN ALLOCATION OF RECHARGE NEW YORK POWER BY THE POWER AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW TO AN ELIGIBLE APPLICANT RECOMMENDED BY THE NEW YORK STATE ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD IN ACCORDANCE WITH THIS SECTION. (4) "ELIGIBLE APPLICANT" SHALL MEAN AN ELIGIBLE BUSINESS, ELIGIBLE SMALL BUSINESS, OR ELIGIBLE NOT-FOR-PROFIT CORPORATION AS DEFINED IN THIS SECTION, PROVIDED HOWEVER, THAT AN ELIGIBLE APPLICANT SHALL NOT INCLUDE RETAIL BUSINESSES AS DEFINED BY THE BOARD, INCLUDING, WITHOUT LIMITATION, SPORTS VENUES, GAMING OR ENTERTAINMENT-RELATED ESTABLISH- MENTS OR PLACES OF OVERNIGHT ACCOMMODATION. (5) "ELIGIBLE BUSINESS" SHALL MEAN A BUSINESS OTHER THAN A NOT-FOR-PROFIT CORPORATION WHICH NORMALLY UTILIZES A MINIMUM PEAK ELEC- TRIC DEMAND IN EXCESS OF FOUR HUNDRED KILOWATTS. (6) "ELIGIBLE NOT-FOR-PROFIT CORPORATION" SHALL MEAN A CORPORATION DEFINED IN SUBDIVISION FIVE OF PARAGRAPH (A) OF SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW. (7) "ELIGIBLE SMALL BUSINESS" SHALL MEAN A BUSINESS OTHER THAN A NOT- FOR-PROFIT CORPORATION WHICH NORMALLY UTILIZES A MINIMUM PEAK ELECTRIC DEMAND EQUAL TO OR LESS THAN FOUR HUNDRED KILOWATTS. (8) "RECHARGE NEW YORK POWER" SHALL MEAN AND CONSIST OF EQUAL AMOUNTS OF (I) FOUR HUNDRED FIFTY-FIVE MEGAWATTS OF FIRM HYDROELECTRIC POWER FROM THE NIAGARA AND SAINT LAWRENCE HYDROELECTRIC PROJECTS TO BE WITH- DRAWN FROM UTILITY CORPORATIONS THAT, PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, PURCHASED SUCH POWER FOR THE BENEFIT OF THEIR DOMESTIC AND RURAL CONSUMERS ("RECHARGE NEW YORK HYDROPOWER"), AND (II) POWER PROCURED BY THE AUTHORITY THROUGH A COMPETITIVE PROCUREMENT PROCESS, AUTHORITY SOURCES (OTHER THAN THE NIAGARA AND SAINT LAWRENCE PROJECTS) OR THROUGH AN ALTERNATE METHOD ("RECHARGE NEW YORK MARKET POWER"); PROVIDED, HOWEVER, THAT IF SUCH RECHARGE NEW YORK MARKET POWER COMES FROM AUTHORITY SOURCES, THE USE OF THAT POWER SHALL NOT REDUCE THE AVAILABILITY OF, OR CAUSE AN INCREASE IN THE PRICE OF, POWER PROVIDED BY THE AUTHORITY FOR ANY OTHER PROGRAM AUTHORIZED IN THIS ARTICLE OR PURSU- ANT TO ANY OTHER STATUTE. (B) APPLICATIONS FOR RECHARGE NEW YORK POWER ALLOCATIONS. (1) THE BOARD MAY SOLICIT APPLICATIONS FOR RECHARGE NEW YORK POWER ALLOCATIONS UNDER THE PROGRAM CREATED BY THIS SECTION BY PUBLIC NOTICE BEGINNING NO LATER THAN FEBRUARY FIRST, TWO THOUSAND TWELVE. SUCH NOTICE MAY INCLUDE NEWSPAPER ADVERTISEMENTS, PRESS RELEASES, WEBSITE POSTINGS, PAPER OR ELECTRONIC MAILING, AND/OR SUCH OTHER FORM OF NOTICE AS THE BOARD FINDS APPROPRIATE IN CONSULTATION WITH THE AUTHORITY. (2) APPLICATIONS FOR RECHARGE NEW YORK POWER ALLOCATIONS SHALL BE IN THE FORM AND CONTAIN SUCH INFORMATION, EXHIBITS AND SUPPORTING DATA AS THE BOARD PRESCRIBES IN CONSULTATION WITH THE AUTHORITY. A COPY OF EACH APPLICATION RECEIVED SHALL BE MADE AVAILABLE FOR REVIEW BY EACH BOARD MEMBER, AND A COPY SHALL BE PROVIDED TO THE AUTHORITY. (3) AN APPLICANT WHO IS A RECIPIENT OF A HYDROELECTRIC POWER ALLO- CATION OR BENEFITS SUPPORTED BY THE SALE OF HYDROELECTRIC POWER UNDER ANOTHER PROGRAM ADMINISTERED IN WHOLE OR PART BY THE AUTHORITY SHALL BE ELIGIBLE TO APPLY FOR AN ALLOCATION UNDER THE RECHARGE NEW YORK POWER PROGRAM ONLY IF IT IS IN SUBSTANTIAL COMPLIANCE WITH ITS CONTRACTUAL
COMMITMENTS MADE IN CONNECTION WITH SUCH OTHER PROGRAM, PROVIDED HOWEVER THAT AN APPLICANT SHALL NOT RECEIVE A RECHARGE NEW YORK POWER ALLOCATION AND ANY OTHER AUTHORITY POWER PROGRAM BENEFITS WITH RESPECT TO THE SAME QUANTITY OF ELECTRICITY CONSUMED AT A FACILITY. (4) SUBJECT TO CONFIDENTIALITY REQUIREMENTS, UPON RECEIPT OF EACH APPLICATION FROM THE BOARD, THE AUTHORITY SHALL PROMPTLY NOTIFY BY ELEC- TRONIC MEANS, INCLUDING WEBSITE POSTINGS AND SUCH OTHER METHODS THE BOARD DEEMS APPROPRIATE IN CONSULTATION WITH THE AUTHORITY, THE GOVER- NOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, AND EACH MEMBER OF THE STATE LEGISLATURE IN WHOSE DISTRICT ANY PORTION OF THE FACILITY FOR WHICH AN ALLOCATION IS REQUESTED IS LOCATED. SUCH NOTICE SHALL PROVIDE THE NAME AND A DESCRIPTION OF THE APPLICANT, AND THE ADDRESS OF THE FACILITY FOR WHICH THE ALLOCATION IS REQUESTED. THE AUTHORITY SHALL ALSO DEVELOP A LISTING WHICH CONTAINS THE NAME AND A DESCRIPTION OF EACH APPLICANT, THE RECHARGE NEW YORK POWER PROGRAM ALLO- CATION SOUGHT BY EACH APPLICANT, AND THE ADDRESS OF THE FACILITY FOR WHICH THE APPLICANT REQUESTS THE ALLOCATION, AND SHALL MAKE THE LISTING AVAILABLE FOR PUBLIC REVIEW ON THE AUTHORITY'S WEBSITE. (C) REVIEW APPLICABLE CRITERIA AND RECOMMENDATIONS. (1) THE BOARD SHALL REVIEW APPLICATIONS SUBMITTED UNDER THE RECHARGE NEW YORK POWER PROGRAM. THE BOARD SHALL MAKE AN INITIAL DETERMINATION OF WHETHER THE APPLICANT IS AN ELIGIBLE APPLICANT. IN THE CASE OF AN ELIGIBLE APPLI- CANT, THE BOARD MAY RECOMMEND TO THE AUTHORITY THAT AN ALLOCATION OF RECHARGE NEW YORK POWER BE AWARDED TO AN APPLICANT FOR A FACILITY LOCATED IN THE STATE OF NEW YORK BASED ON CONSIDERATION OF THE FOLLOWING CRITERIA WHICH SHALL BE CONSIDERED IN THE AGGREGATE AND NO ONE OF WHICH SHALL BE PRESUMPTIVELY DETERMINATIVE: (I) THE SIGNIFICANCE OF THE COST OF ELECTRICITY TO THE APPLICANT'S OVERALL COST OF DOING BUSINESS, AND THE IMPACT THAT A RECHARGE NEW YORK POWER ALLOCATION WILL HAVE ON THE APPLICANT'S OPERATING COSTS; (II) THE EXTENT TO WHICH A RECHARGE NEW YORK POWER ALLOCATION WILL RESULT IN NEW CAPITAL INVESTMENT IN THE STATE BY THE APPLICANT; (III) THE EXTENT TO WHICH A RECHARGE NEW YORK POWER ALLOCATION IS CONSISTENT WITH ANY REGIONAL ECONOMIC DEVELOPMENT COUNCIL STRATEGIES AND PRIORITIES; (IV) THE TYPE AND COST OF BUILDINGS, EQUIPMENT AND FACILITIES TO BE CONSTRUCTED, ENLARGED OR INSTALLED IF THE APPLICANT WERE TO RECEIVE AN ALLOCATION; (V) THE APPLICANT'S PAYROLL, SALARIES, BENEFITS AND NUMBER OF JOBS AT THE FACILITY FOR WHICH A RECHARGE NEW YORK POWER ALLOCATION IS REQUESTED; (VI) THE NUMBER OF JOBS THAT WILL BE CREATED OR RETAINED WITHIN THE STATE IN RELATION TO THE REQUESTED RECHARGE NEW YORK POWER ALLOCATION, AND THE EXTENT TO WHICH THE APPLICANT WILL AGREE TO COMMIT TO CREATING OR RETAINING SUCH JOBS AS A CONDITION TO RECEIVING A RECHARGE NEW YORK POWER ALLOCATION; (VII) WHETHER THE APPLICANT, DUE TO THE COST OF ELECTRICITY, IS AT RISK OF CLOSING OR CURTAILING FACILITIES OR OPERATIONS IN THE STATE, RELOCATING FACILITIES OR OPERATIONS OUT OF THE STATE, OR LOSING A SIGNIFICANT NUMBER OF JOBS IN THE STATE, IN THE ABSENCE OF A RECHARGE NEW YORK POWER ALLOCATION; (VIII) THE SIGNIFICANCE OF THE APPLICANT'S FACILITY THAT WOULD RECEIVE THE RECHARGE NEW YORK POWER ALLOCATION TO THE ECONOMY OF THE AREA IN WHICH SUCH FACILITY IS LOCATED;
(IX) THE EXTENT TO WHICH THE APPLICANT HAS INVESTED IN ENERGY EFFI- CIENCY MEASURES, WILL AGREE TO PARTICIPATE IN OR PERFORM ENERGY AUDITS OF ITS FACILITIES, WILL AGREE TO PARTICIPATE IN ENERGY EFFICIENCY PROGRAMS OF THE AUTHORITY, OR WILL COMMIT TO IMPLEMENT OR OTHERWISE MAKE TANGIBLE INVESTMENTS IN ENERGY EFFICIENCY MEASURES AS A CONDITION TO RECEIVING A RECHARGE NEW YORK POWER ALLOCATION; (X) WHETHER THE APPLICANT RECEIVES A HYDROELECTRIC POWER ALLOCATION OR BENEFITS SUPPORTED BY THE SALE OF HYDROELECTRIC POWER UNDER ANOTHER PROGRAM ADMINISTERED IN WHOLE OR IN PART BY THE AUTHORITY; (XI) THE EXTENT TO WHICH A RECHARGE NEW YORK POWER ALLOCATION WILL RESULT IN AN ADVANTAGE FOR AN APPLICANT IN RELATION TO THE APPLICANT'S COMPETITORS WITHIN THE STATE; AND (XII) IN ADDITION TO THE FOREGOING CRITERIA, IN THE CASE OF A NOT-FOR-PROFIT CORPORATION, WHETHER THE APPLICANT PROVIDES CRITICAL SERVICES OR SUBSTANTIAL BENEFITS TO THE LOCAL COMMUNITY IN WHICH THE FACILITY FOR WHICH THE ALLOCATION IS REQUESTED IS LOCATED. (2) A RECOMMENDATION BY THE BOARD THAT THE AUTHORITY PROVIDE A RECHARGE NEW YORK POWER ALLOCATION TO AN ELIGIBLE APPLICANT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO: (I) THE AMOUNT OF THE RECHARGE NEW YORK POWER ALLOCATION THE BOARD HAS DETERMINED SHOULD BE AWARDED TO SUCH ELIGIBLE APPLICANT, PROVIDED HOWEV- ER, THAT THE BOARD MAY RECOMMEND A RECHARGE NEW YORK POWER ALLOCATION IN AN AMOUNT THAT IS LESS THAN THE AMOUNT REQUESTED BY SUCH APPLICANT; (II) AN EFFECTIVE INITIAL TERM OF THE ALLOCATION AND CONTRACT BETWEEN THE ELIGIBLE APPLICANT AND THE AUTHORITY WHICH SHALL NOT EXCEED SEVEN YEARS, PROVIDED HOWEVER THAT THE TERM OF ANY SUCH ALLOCATION AND CONTRACT SHALL NOT BECOME EFFECTIVE BEFORE JULY FIRST, TWO THOUSAND TWELVE; (III) PROVISIONS FOR EFFECTIVE PERIODIC AUDITS OF THE RECIPIENT OF AN ALLOCATION FOR THE PURPOSE OF DETERMINING CONTRACT AND PROGRAM COMPLI- ANCE, AND FOR THE PARTIAL OR COMPLETE WITHDRAWAL OF AN ALLOCATION IF THE RECIPIENT FAILS TO MAINTAIN MUTUALLY AGREED UPON COMMITMENTS, RELATING TO, AMONG OTHER THINGS, EMPLOYMENT LEVELS, POWER UTILIZATION, CAPITAL INVESTMENTS, AND/OR ENERGY EFFICIENCY MEASURES; (IV) A REQUIREMENT FOR AN AGREEMENT BY THE RECIPIENT OF AN ALLOCATION TO (A) UNDERTAKE AT ITS OWN EXPENSE AN ENERGY AUDIT OF ITS FACILITIES AT WHICH THE ALLOCATION IS CONSUMED AT LEAST ONCE DURING THE TERM OF THE ALLOCATION BUT IN ANY EVENT NOT LESS THAN ONCE EVERY FIVE YEARS, PROVIDED, HOWEVER, THAT SUCH REQUIREMENT MAY BE WAIVED OR MODIFIED BY THE AUTHORITY ON A SHOWING OF GOOD CAUSE BY THE RECIPIENT, AND (B) PROVIDE THE AUTHORITY WITH A COPY OF ANY SUCH AUDIT OR, AT THE AUTHORI- TY'S OPTION, A REPORT DESCRIBING THE RESULTS OF SUCH AUDIT, AND PROVIDE DOCUMENTATION REQUESTED BY THE AUTHORITY RELATING TO THE IMPLEMENTATION OF ANY EFFICIENCY MEASURES AT THE FACILITIES; AND (V) A REQUIREMENT FOR AN AGREEMENT BY THE RECIPIENT OF AN ALLOCATION TO (A) MAKE ITS FACILITIES AVAILABLE AT REASONABLE TIMES AND INTERVALS FOR ENERGY AUDITS AND RELATED ASSESSMENTS THAT THE AUTHORITY DESIRES TO PERFORM, IF ANY, AT THE AUTHORITY'S OWN EXPENSE, AND (B) PROVIDE INFOR- MATION REQUESTED BY THE AUTHORITY OR ITS DESIGNEE IN SURVEYS, QUESTION- NAIRES AND OTHER INFORMATION REQUESTS RELATING TO ENERGY EFFICIENCY AND ENERGY-RELATED PROJECTS, PROGRAMS AND SERVICES. (3) THE BOARD'S RECOMMENDATION SHALL REQUIRE THAT IF THE ACTUAL METERED LOAD AT THE FACILITY WHERE THE ALLOCATION IS UTILIZED IS LESS THAN THE ALLOCATION, SUCH ALLOCATION WILL BE REDUCED ACCORDINGLY, PROVIDED THAT, UNDER ITS CONTRACT WITH THE AUTHORITY, THE RECIPIENT SHALL BE AFFORDED A REASONABLE PERIOD WITHIN WHICH TO FULLY UTILIZE THE
ALLOCATION, TAKING INTO ACCOUNT CONSTRUCTION SCHEDULES AND ECONOMIC CONDITIONS. THE AUTHORITY SHALL REALLOCATE ANY WITHDRAWN OR RELINQUISHED POWER FOR THE RECHARGE NEW YORK POWER PROGRAM CONSISTENT WITH PARAGRAPH FOUR OF THIS SUBDIVISION. (4) THE BOARD MAY BASE ITS RECOMMENDATION ON WHICH ELIGIBLE APPLICANTS IT DETERMINES BEST MEET THE APPLICABLE CRITERIA; PROVIDED, HOWEVER, THAT THE BOARD SHALL DEDICATE RECHARGE NEW YORK POWER AS FOLLOWS: (I) AT LEAST THREE HUNDRED FIFTY MEGAWATTS FOR USE AT FACILITIES LOCATED WITHIN THE SERVICE TERRITORIES OF THE UTILITY CORPORATIONS THAT, PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, PURCHASED NIAGARA AND SAINT LAWRENCE HYDROELECTRIC POWER FOR THE BENEFIT OF THEIR DOMESTIC AND RURAL CONSUM- ERS; (II) AT LEAST TWO HUNDRED MEGAWATTS FOR THE PURPOSES OF ATTRACTING NEW BUSINESS TO THE STATE, CREATING NEW BUSINESS WITHIN THE STATE, OR ENCOURAGING THE EXPANSION OF EXISTING BUSINESSES WITHIN THE STATE, THAT CREATE NEW JOBS OR LEVERAGE NEW CAPITAL INVESTMENT; AND (III) AN AMOUNT NOT TO EXCEED ONE HUNDRED MEGAWATTS FOR ELIGIBLE SMALL BUSINESSES AND ELIGIBLE NOT-FOR-PROFIT CORPORATIONS. (5) THE BOARD SHALL ISSUE A WRITTEN STATEMENT OF ITS FINDINGS AND CONCLUSIONS WITH RESPECT TO EVERY APPLICATION AND THE REASONS FOR ITS RECOMMENDATION TO THE AUTHORITY. (6) A RECOMMENDATION FOR A RECHARGE NEW YORK POWER ALLOCATION SHALL QUALIFY AN APPLICANT TO ENTER INTO A CONTRACT WITH THE AUTHORITY PURSU- ANT TO THE TERMS AND CONDITIONS OF THE RECOMMENDATION BY THE BOARD AND ON SUCH OTHER TERMS AS THE AUTHORITY DETERMINES TO BE APPROPRIATE. (7) THE BOARD SHALL NOT RECOMMEND A TOTAL OF RECHARGE NEW YORK POWER ALLOCATIONS IN EXCESS OF NINE HUNDRED TEN MEGAWATTS. (D) THE AUTHORITY SHALL WORK COOPERATIVELY WITH THE DEPARTMENT OF PUBLIC SERVICE TO RECOMMEND TO THE PUBLIC SERVICE COMMISSION REDUCED RATES OR AN EQUIVALENT MECHANISM FOR THE DELIVERY BY UTILITY CORPO- RATIONS OF RECHARGE NEW YORK POWER PROGRAM ALLOCATIONS. ANY SUCH RECOM- MENDATION FOR REDUCED DELIVERY RATES SHALL BE AT SUCH LEVEL AS TO ALLOW THE UTILITY TO (I) RECOVER THE INCREMENTAL COST OF PROVIDING DELIVERY SERVICE TO SUCH CUSTOMERS, AND (II) CONTRIBUTE TO THE COMMON DELIVERY AND RELATED COSTS WHICH OTHERWISE WOULD BE BORNE BY OTHER CUSTOMERS. (E) THE AUTHORITY SHALL, AT A MINIMUM, REPORT QUARTERLY TO THE BOARD ON THE AVAILABILITY OF RECHARGE NEW YORK POWER FOR THE SUBSEQUENT TWELVE-MONTH PERIOD, THE AMOUNT OF SUCH POWER ALLOCATED AND OTHER RELE- VANT INFORMATION. (F) AFTER AN AWARD OF A RECHARGE NEW YORK POWER ALLOCATION, THE BOARD SHALL ACCEPT REQUESTS FROM RECIPIENTS WHO AT THE TIME OF SUCH REQUEST ARE ELIGIBLE APPLICANTS WHO ARE IN SUBSTANTIAL COMPLIANCE WITH CONTRAC- TUAL COMMITMENTS MADE IN CONNECTION WITH THE RECHARGE NEW YORK POWER PROGRAM FOR AN EXTENSION OF AN EXISTING ALLOCATION (I) DURING THE TWEN- TY-FOUR MONTH PERIOD IMMEDIATELY PRECEDING THE EXPIRATION OF THE TERM OF THE ALLOCATION, OR (II) AT SUCH EARLIER TIME WITH THE CONSENT OF THE AUTHORITY IN WRITING. REQUESTS FOR EXTENSIONS SHALL BE REVIEWED USING THE CRITERIA SET FORTH IN PARAGRAPH ONE OF SUBDIVISION (C) OF THIS SECTION. (G) TRANSFERS OF RECHARGE NEW YORK POWER. NOTWITHSTANDING ANY OTHER APPROVAL REQUIRED BY STATUTE, REGULATION OR CONTRACT, THE TRANSFER OF A RECHARGE NEW YORK POWER ALLOCATION TO A DIFFERENT RECIPIENT, TO A DIFFERENT OWNER OR OPERATOR OF A FACILITY, OR TO A DIFFERENT FACILITY IS PROHIBITED UNLESS SPECIFICALLY APPROVED BY THE BOARD AS CONSISTENT WITH THE CRITERIA AND REQUIREMENTS OF THIS SECTION. ANY TRANSFER THAT OCCURS WITHOUT THE BOARD'S APPROVAL SHALL BE INVALID AND SUCH TRANSFER MAY
SUBJECT THE TRANSFEROR TO REVOCATION OR MODIFICATION OF ITS ALLOCATION AND CONTRACT. (H) (1) THE BOARD, IN CONSULTATION WITH THE AUTHORITY, SHALL SUBMIT TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEM- BLY, MINORITY LEADER OF THE SENATE AND MINORITY LEADER OF THE ASSEMBLY AN EVALUATION OF THE EFFECTIVENESS OF THE RECHARGE NEW YORK POWER PROGRAM. SUCH EVALUATION SHALL FOCUS ON HOW THE PROGRAM HAS AIDED RECIPIENTS OF POWER ALLOCATIONS, AND MAY INCLUDE RECOMMENDATIONS FOR HOW THE PROGRAM CAN BE MADE MORE EFFECTIVE, AND SHALL BE BASED, IN PART, ON THE RELATIVE COSTS OF POWER FOR RECIPIENTS IN COMPARISON TO THE COST OF POWER FOR NON-RECIPIENTS. SUCH EVALUATION SHALL BE SUBMITTED BY DECEM- BER THIRTY-FIRST, TWO THOUSAND FIFTEEN AND BY DECEMBER THIRTY-FIRST EVERY FIVE YEARS THEREAFTER. (2) THE BOARD, WITH ASSISTANCE FROM THE AUTHORITY, SHALL MAINTAIN THE NECESSARY RECORDS AND DATA REQUIRED TO PERFORM SUCH EVALUATION AND RESPOND TO REQUESTS FOR INFORMATION PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. S 3. Section 1005 of the public authorities law is amended by adding a new subdivision 13-a to read as follows: 13-A. RECHARGE NEW YORK POWER PROGRAM. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, BUT SUBJECT TO THE TERMS AND CONDI- TIONS OF FEDERAL ENERGY REGULATORY COMMISSION LICENSES, TO ALLOCATE, REALLOCATE OR EXTEND, DIRECTLY OR BY SALE FOR RESALE, UP TO NINE HUNDRED TEN MEGAWATTS OF RECHARGE NEW YORK POWER TO ELIGIBLE APPLICANTS LOCATED WITHIN THE STATE OF NEW YORK UPON THE RECOMMENDATION OF THE NEW YORK STATE ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD PURSUANT TO SECTION ONE HUNDRED EIGHTY-EIGHT-A OF THE ECONOMIC DEVELOPMENT LAW. (B) RECHARGE NEW YORK POWER SHALL MEAN AND CONSIST OF EQUAL AMOUNTS OF (1) FOUR HUNDRED FIFTY-FIVE MEGAWATTS OF FIRM HYDROELECTRIC POWER FROM THE NIAGARA AND SAINT LAWRENCE HYDROELECTRIC PROJECTS TO BE WITHDRAWN, AS OF THE EARLIEST DATE SUCH POWER MAY BE WITHDRAWN CONSISTENT WITH CONTRACTUAL REQUIREMENTS, FROM UTILITY CORPORATIONS THAT, PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION, PURCHASED SUCH POWER FOR THE BENEFIT OF THEIR DOMESTIC AND RURAL CONSUMERS ("RECHARGE NEW YORK HYDROPOWER"), AND (2) POWER PROCURED BY THE AUTHORITY THROUGH MARKET SOURCES, A COMPETITIVE PROCUREMENT PROCESS, OR AUTHORITY SOURCES (OTHER THAN THE NIAGARA AND SAINT LAWRENCE PROJECTS) (COLLECTIVELY OR INDIVIDUALLY, "RECHARGE NEW YORK MARKET POWER"); PROVIDED, HOWEVER, THAT IF SUCH RECHARGE NEW YORK MARKET POWER COMES FROM AUTHORITY SOURCES, THE USE OF THAT POWER SHALL NOT REDUCE THE AVAILABILITY OF, OR CAUSE AN INCREASE IN THE PRICE OF, POWER PROVIDED BY THE AUTHORITY FOR ANY OTHER PROGRAM AUTHORIZED IN THIS ARTICLE OR PURSUANT TO ANY OTHER STATUTE. (C) NOTWITHSTANDING SECTION ONE THOUSAND NINE OF THIS TITLE OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY IS AUTHORIZED, BEGINNING JULY FIRST, TWO THOUSAND TWELVE, TO MAKE AVAILABLE, CONTRACT WITH AND SELL TO SUCH ELIGIBLE APPLICANTS AS ARE RECOMMENDED BY THE ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD UP TO NINE HUNDRED TEN MEGA- WATTS OF RECHARGE NEW YORK POWER FOR RECHARGE NEW YORK POWER ALLO- CATIONS. A RECHARGE NEW YORK POWER ALLOCATION SHALL CONSIST OF EQUAL PARTS OF RECHARGE NEW YORK HYDROPOWER AND RECHARGE NEW YORK MARKET POWER AS SUCH TERMS ARE DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION; PROVIDED, HOWEVER, THAT PRIOR TO ENTERING INTO A CONTRACT WITH AN ELIGI- BLE APPLICANT FOR THE SALE OF RECHARGE NEW YORK POWER, AND PRIOR TO THE PROVISION OF ELECTRIC SERVICE RELATING TO THE RECHARGE NEW YORK POWER ALLOCATION, THE AUTHORITY SHALL OFFER EACH ELIGIBLE APPLICANT THE OPTION TO DECLINE TO PURCHASE THE RECHARGE NEW YORK MARKET POWER COMPONENT OF
SUCH ALLOCATION. IF AN ELIGIBLE APPLICANT DECLINES TO PURCHASE SUCH MARKET POWER FROM THE AUTHORITY, THE AUTHORITY SHALL HAVE NO RESPONSI- BILITY FOR SUPPLYING SUCH MARKET POWER TO THE ELIGIBLE APPLICANT. S 4. Section 1005 of the public authorities law is amended by adding a new subdivision 13-b to read as follows: 13-B. RESIDENTIAL CONSUMER DISCOUNT PROGRAMS. (A) RESIDENTIAL CONSUM- ER ELECTRICITY COST DISCOUNT. NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR ARTICLE SIX OF THE ECONOMIC DEVELOPMENT LAW TO THE CONTRARY, THE AUTHORITY IS AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO USE REVENUES FROM THE SALE OF HYDROELECTRIC POWER, AND SUCH OTHER FUNDS OF THE AUTHORITY AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO FUND MONTHLY PAYMENTS TO BE MADE FOR THE BENEFIT OF SUCH CLASSES OF ELECTRICITY CONSUMERS AS ENJOYED THE BENEFITS OF AUTHORITY HYDROELECTRIC POWER WITHDRAWN PURSUANT TO SUBDIVISION THIRTEEN-A OF THIS SECTION, FOR THE PURPOSE OF MITIGATING PRICE IMPACTS ASSOCIATED WITH THE REALLOCATION OF SUCH POWER IN THE MANNER DESCRIBED IN THIS SUBDIVISION. SUCH MONTHLY PAYMENTS SHALL COMMENCE AFTER SUCH HYDROELECTRIC POWER IS WITHDRAWN. THE TOTAL ANNUAL AMOUNT OF MONTHLY PAYMENTS FOR EACH OF THE THREE TWELVE MONTH PERIODS FOLLOWING WITHDRAWAL OF SUCH HYRDOELECTRIC POWER SHALL BE ONE HUNDRED MILLION DOLLARS. THE TOTAL ANNUAL AMOUNT OF MONTHLY PAYMENTS FOR EACH OF THE TWO SUBSEQUENT TWELVE MONTH PERIODS SHALL BE SEVENTY MILLION DOLLARS AND FIFTY MILLION DOLLARS, RESPECTIVE- LY. THEREAFTER, THE TOTAL ANNUAL AMOUNT OF MONTHLY PAYMENTS FOR EACH TWELVE MONTH PERIOD SHALL BE THIRTY MILLION DOLLARS. THE TOTAL AMOUNT OF MONTHLY PAYMENTS SHALL BE APPORTIONED BY THE AUTHORITY AMONG THE UTILITY CORPORATIONS THAT, PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVI- SION, PURCHASED SUCH HYDROELECTRIC POWER FOR THE BENEFIT OF THEIR DOMES- TIC AND RURAL CONSUMERS ACCORDING TO THE RELATIVE AMOUNTS OF SUCH POWER PURCHASED BY SUCH CORPORATIONS. THE MONTHLY PAYMENTS SHALL BE CREDITED TO THE ELECTRICITY BILLS OF SUCH CORPORATIONS' DOMESTIC AND RURAL CONSUMERS IN A MANNER TO BE DETERMINED BY THE PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK. THE MONTHLY CREDIT PROVIDED BY ANY SUCH CORPORATION TO ANY ONE CONSUMER SHALL NOT EXCEED THE TOTAL MONTHLY ELEC- TRIC UTILITY COST INCURRED BY SUCH CONSUMER. (B) AGRICULTURAL CONSUMER ELECTRICITY COST DISCOUNT. (1) BEGINNING WITH THE SECOND TWELVE MONTH PERIOD AFTER SUCH HYDROELECTRIC POWER IS WITHDRAWN, UP TO EIGHT MILLION DOLLARS OF THE RESIDENTIAL CONSUMER ELEC- TRICITY COST DISCOUNT ESTABLISHED BY PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE DEDICATED FOR MONTHLY PAYMENTS TO AGRICULTURAL PRODUCERS WHO RECEIVE ELECTRIC SERVICE AT THE RESIDENTIAL RATE. THE TOTAL AMOUNT OF MONTHLY PAYMENTS SHALL BE APPORTIONED BY THE AUTHORITY AMONG THE UTILITY CORPORATIONS IN THE SAME MANNER AS THEY ARE APPORTIONED IN PARAGRAPH (A) OF THIS SUBDIVISION. MONTHLY PAYMENTS SHALL BE CREDITED TO THE ELECTRIC- ITY BILLS OF SUCH CORPORATIONS' AGRICULTURAL CONSUMERS IN A MANNER TO BE DETERMINED BY THE PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK. THE COMBINED MONTHLY CREDIT, UNDER THIS PARAGRAPH AND PARAGRAPH (A) OF THIS SUBDIVISION, PROVIDED BY ANY SUCH CORPORATION TO ANY ONE CONSUMER SHALL NOT EXCEED THE TOTAL MONTHLY ELECTRIC UTILITY COST INCURRED BY SUCH CONSUMER. (2) THE AUTHORITY SHALL WORK COOPERATIVELY WITH THE DEPARTMENT OF PUBLIC SERVICE TO EVALUATE THE AGRICULTURAL CONSUMER ELECTRICITY COST DISCOUNT, WHICH SHALL INCLUDE AN ASSESSMENT OF THE BENEFITS TO RECIPI- ENTS COMPARED TO THE BENEFITS THE RECIPIENTS RECEIVED FROM THE AUTHORI- TY'S HYDROELECTRIC POWER, WITHDRAWN PURSUANT TO SUBDIVISION THIRTEEN-A OF THIS SECTION, DURING THE TWELVE MONTH PERIOD ENDING DECEMBER THIRTY-
FIRST, TWO THOUSAND TEN, AND COMPARED TO OTHER AGRICULTURAL CONSUMERS THAT DID NOT CHOOSE TO RECEIVE THE DISCOUNT. (C) ENERGY EFFICIENCY PROGRAM. (1) BEGINNING WITH THE WITHDRAWAL OF SUCH HYDROELECTRIC POWER, THE AUTHORITY OR THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL CONDUCT AN ENERGY EFFICIENCY PROGRAM FOR FIVE YEARS TO PROVIDE ENERGY EFFICIENCY IMPROVEMENTS FOR THE PURPOSE OF REDUCING ENERGY CONSUMPTION FOR DOMESTIC AND RURAL CONSUMERS. SUCH ENERGY EFFICIENCY PROGRAM MAY BE UNDERTAKEN IN COOPERATION WITH OTHER ENERGY EFFICIENCY PROGRAMS OFFERED BY UTILITY CORPORATIONS, STATE AGENCIES AND AUTHORITIES INCLUDING BUT NOT LIMITED TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; PROVIDED HOWEVER THAT ENERGY SAVINGS ATTRIBUTABLE TO SUCH OTHER ENERGY EFFICIENCY PROGRAMS SHALL NOT BE INCLUDED IN DETERMINING THE AMOUNT OF ENERGY SAVED PURSUANT TO THE PROGRAM ESTABLISHED BY THIS PARAGRAPH; (2) THE AUTHORITY OR THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP- MENT AUTHORITY SHALL ANNUALLY POST ON THEIR WEBSITE A REPORT EVALUATING THE ENERGY EFFICIENCY PROGRAM, INCLUDING BUT NOT LIMITED TO, THE NUMBER OF DOMESTIC AND RURAL CONSUMERS WHO OPTED TO PARTICIPATE IN THE PROGRAM AND, IF PRACTICABLE, THE ESTIMATED SAVINGS THE DOMESTIC AND RURAL CONSUMERS RECEIVED BY PARTICIPATING IN THE ENERGY EFFICIENCY PROGRAM. S 5. Section 1005 of the public authorities law is amended by adding a new subdivision 18 to read as follows: 18. FOR THE PURPOSE OF FURNISHING THE STATE WITH SYSTEMATIC INFORMA- TION REGARDING THE STATUS AND THE ACTIVITIES OF THE AUTHORITY, THE AUTHORITY SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, WITHIN NINETY DAYS AFTER THE END OF ITS FISCAL YEAR, A COMPLETE AND DETAILED ANNUAL REPORT ON EACH ECONOMIC DEVELOPMENT POWER PROGRAM IT ADMINISTERS. SUCH ANNUAL REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION: A. THE NUMBER OF RECIPIENTS OF ECONOMIC POWER PROGRAM BENEFITS, THE ECONOMIC REGION IN WHICH EACH RECIPIENT IS LOCATED, THE TYPE AND AMOUNT OF ASSISTANCE PROVIDED, MEGAWATTS OF POWER AWARDED, LENGTH OF CURRENT CONTRACT, CURRENT CONTRACT COMPLIANCE STATUS, LAST AUDIT, NUMBER OF JOBS RETAINED AND/OR ADDED IN THE FISCAL YEAR, APPROXIMATE ENERGY EFFICIENCY SAVINGS AND AMOUNT OF POWER REALLOCATED FROM PREVIOUS YEARS DUE TO FORFEITED BENEFITS; AND B. COST TO THE AUTHORITY TO PROVIDE ECONOMIC DEVELOPMENT POWER PROGRAMS DURING THE PREVIOUS FISCAL YEAR. S 6. Transitional electricity discount. Notwithstanding any provision of title 1 of article 5 of the public authorities law or article 6 of the economic development law to the contrary, with respect to applicants who are in substantial compliance with all contractual commitments and receiving benefits under the power for jobs, energy cost savings bene- fit, economic development, high load factor or municipal distribution agency programs, but do not receive a recommendation from the New York state economic development power allocation board for a recharge New York power allocation pursuant to section 188-a of the economic develop- ment law, such board shall recommend that the power authority of the state of New York provide for a transitional electricity discount to such applicants. The power authority of the state of New York is author- ized, as deemed feasible and advisable by the trustees, to provide such transitional electricity discounts as recommended by the New York state economic development power allocation board. The power authority of the state of New York shall identify and advise such board whether suffi- cient funds are available for the funding of such transitional electric-
ity discounts through June 30, 2016. The amount of the transitional electricity discount for the period July 1, 2012 through June 30, 2014 shall be equivalent to 66 percent of the unit (per kilowatt-hour) value of the savings received by the applicant under the power for jobs or energy cost savings benefit programs during the 12 months ending on December 31, 2010. The amount of the transitional electricity discount for the period July 1, 2014 through June 30, 2016 shall be equivalent to 33 percent of the unit (per kilowatt-hour) value of the savings received by the applicant under the power for jobs or energy cost savings benefit programs during the 12 months ending on December 31, 2010. S 7. Section 9 of chapter 316 of the laws of 1997 amending the public authorities law and other laws relating to the provision of low cost power to foster statewide economic development, as amended by chapter 311 of the laws of 2010, is amended to read as follows: S 9. This act shall take effect immediately and shall expire and be deemed repealed [May 15, 2011] JUNE 30, 2012. S 8. Section 11 of chapter 645 of the laws of 2006 amending the economic development law and other laws relating to reauthorizing the New York power authority to make contributions to the general fund, as amended by chapter 311 of the laws of 2010, is amended to read as follows: S 11. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2006; provided, however, that the amendments to section 183 of the economic development law and subparagraph 2 of paragraph g of the ninth undesignated para- graph of section 1005 of the public authorities law made by sections two and six of this act shall not affect the expiration of such section and subparagraph, respectively, and shall be deemed to expire therewith; provided further, however, that the amendments to section 189 of the economic development law and subdivision 9 of section 186-a of the tax law made by sections three, four, five and ten of this act shall not affect the repeal of such section and subdivision, respectively, and shall be deemed to be repealed therewith; provided further, however, that section seven of this act shall expire and be deemed repealed [May 15, 2011] JUNE 30, 2012. S 9. Paragraphs 2 and 4 of subdivision (h) of section 183 of the economic development law, as amended by chapter 311 of the laws of 2010, are amended to read as follows: 2. During the period commencing on November first, two thousand five and ending on [May fifteenth, two thousand eleven] JUNE THIRTIETH, TWO THOUSAND TWELVE eligible businesses shall only include customers served under the power authority of the state of New York's high load factor, economic development power and other business customers served by poli- tical subdivisions of the state authorized by law to engage in the distribution of electric power that were authorized to be served by the authority from the authority's former James A. Fitzpatrick nuclear power plant as of the effective date of this subdivision whose power prices may be subject to increase before [May fifteenth, two thousand eleven] JUNE THIRTIETH, TWO THOUSAND TWELVE. Provided, however, that the total amount of megawatts of replacement and preservation power which, due to the extension of the energy cost savings benefits, are not relinquished by or withdrawn from a recipient shall be deemed to be relinquished or withdrawn for purposes of offering such megawatts by the authority for reallocation pursuant to subdivision thirteen of section one thousand five of the public authorities law. Provided, further, that for any such reallocation, the authority shall maintain the same energy cost savings
benefit level for all eligible businesses using any available authority resources as deemed feasible and advisable by the trustees pursuant to section seven of part U of chapter fifty-nine of the laws of two thou- sand six. 4. Applications for an energy cost savings benefit shall be in the form and contain such information, exhibits and supporting data as the board may prescribe. The board shall review the applications received and shall determine the applications which best meet the criteria estab- lished for the benefits pursuant to this subdivision and it shall recom- mend such applications to the power authority of the state of New York with such terms and conditions as it deems appropriate; provided, howev- er, that for energy cost savings benefits granted on or after [June thirtieth, two thousand nine] MAY FIFTEENTH, TWO THOUSAND ELEVEN through [May fifteenth, two thousand eleven] JUNE THIRTIETH, TWO THOUSAND TWELVE, the board shall expedite the awarding of such benefits and shall defer the review of compliance with such criteria until after the appli- cant has been awarded an energy cost savings benefit. Such terms and conditions shall include reasonable provisions providing for the partial or complete withdrawal of the energy cost savings benefit in the event the recipient fails to maintain mutually agreed upon commitments that may include, but are not limited to, levels of employment, capital investment and power utilization. Recommendation for approval of an energy cost savings benefit shall qualify an applicant to receive an energy cost savings benefit from the power authority of the state of New York pursuant to the terms and conditions of the recommendation. S 10. The opening paragraph of paragraph 5 of subdivision (a) of section 189 of the economic development law, as amended by chapter 311 of the laws of 2010, is amended to read as follows: "Power for jobs electricity savings reimbursements" shall mean payments made by the power authority of the state of New York as recom- mended by the board to recipients of allocations of power under phases four and five of the power for jobs program for a period of time until November thirtieth, two thousand four, subsequent to the expiration of their phase four or five power for jobs contract provided however that any power for jobs recipient may choose to receive an electricity savings reimbursement as a substitute for a contract extension for the period from the date the recipient's contract expires through [May fifteenth] JUNE THIRTIETH, two thousand [eleven] TWELVE. The "basic reimbursement" is an amount that when credited against the recipient's actual "unit cost of electricity" during a quarter (meaning the cost for commodity and delivery per kilowatt-hour for the quantity of electricity purchased and delivered under the power for jobs program during a simi- lar period in the final year of the recipient's contract), results in an effective unit cost of electricity during the quarter equal to the aver- age unit cost of electricity such recipient paid during the final year of the contract for power allocated under phase four or five of the power for jobs program, PROVIDED HOWEVER THAT NOTWITHSTANDING THE FORE- GOING, FOR THE PERIOD JULY FIRST, TWO THOUSAND ELEVEN THROUGH JUNE THIR- TIETH, TWO THOUSAND TWELVE, THE BASIC REIMBURSEMENT SHALL BE AN AMOUNT SUCH THAT THE RECIPIENT RECEIVES UNIT (PER KILOWATT-HOUR) ELECTRICITY SAVINGS EQUIVALENT TO THE AVERAGE UNIT ELECTRICITY SAVINGS RECEIVED DURING THE TWELVE MONTHS ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TEN. S 11. Subdivisions (f) and (l) of section 189 of the economic develop- ment law, as amended by chapter 311 of the laws of 2010, are amended to read as follows:
(f) Eligibility. The board shall recommend applications for allo- cations of power under the power for jobs program to or for the use of businesses which normally utilize a minimum peak electric demand in excess of four hundred kilowatts; provided, however, that up to one hundred megawatts of power available for allocation during the initial three phases of the power for jobs program may be recommended for allo- cations to not-for-profit corporations and to small businesses; and, provided, further that up to seventy-five megawatts of power available for allocation during the fourth phase of the program may be recommended for allocations to not-for-profit corporations and to small businesses. The board may require small businesses that normally utilize a minimum peak electric demand of less than one hundred kilowatts to aggregate their electric demand in amounts of no less than one hundred kilowatts, for the purposes of applying to the board for an allocation of power. The board shall recommend allocations of the additional three hundred megawatts available during the fourth phase of the program to any such eligible applicant, including any recipient of power allocated during the first phase of the program. The board shall recommend allocations of the additional one hundred eighty-three megawatts available during the fifth phase of the program to any eligible applicant, including any recipient of power allocated during the second and third phases of the program; provided, however, that the term of contracts for allocations under the fifth phase of the program shall in no case extend beyond [May fifteenth, two thousand eleven] JUNE THIRTIETH, TWO THOUSAND TWELVE. Notwithstanding any provision of law to the contrary, and, in partic- ular, the provisions of this chapter concerning the terms of contracts for allocations under the power for jobs program, the terms of any contract with a recipient of power allocated under phase two of the power for jobs program that has expired or will expire on or before the thirty-first day of August, two thousand two, may be extended by the power authority of the state of New York for an additional period of three months effective on the date of such expiration, pending the filing and approval of an application by such recipient for an allo- cation under the fifth phase of the program. The term of any new contract with such recipient under the fifth phase of the program shall be deemed to include any three month contract extension made pursuant to this subdivision and the termination date of any such new contract under phase five shall be no later than if such new contract had commenced upon the expiration of the recipient's original phase two contract. The terms of any contract with a recipient of power allocated under phase four and/or phase five of the power for jobs program that has expired or will expire on or before the thirty-first day of December, two thousand five, may be extended by the power authority of the state of New York from a date beginning no earlier than the first day of December, two thousand four and extending through [May fifteenth, two thousand eleven] JUNE THIRTIETH, TWO THOUSAND TWELVE. (l) The board shall solicit and review applications for the power for jobs electricity savings reimbursements and contract extensions from recipients of power for jobs allocations under phases four and five of the program for the award of such reimbursements and/or contract exten- sions. The board may prescribe a simplified form and content for an application for such reimbursements or extensions. An applicant shall be eligible for such reimbursements and/or extensions only if it is in compliance with and agrees to continue to meet the job retention and creation commitments set forth in its prior power for jobs contract, or such other commitments as the board deems reasonable; provided, however,
that for the power for jobs electricity savings reimbursements and contract extensions granted on or after [June thirtieth, two thousand nine] MAY FIFTEENTH, TWO THOUSAND ELEVEN through [May fifteenth, two thousand eleven] JUNE THIRTIETH, TWO THOUSAND TWELVE, the board shall expedite the awarding of such reimbursements and/or extensions and shall defer the review of compliance with such commitments until after the applicant has been awarded a power for jobs electricity savings reimbursement and/or contract extension. The board shall review such applications and make recommendations for the award: 1. of such reimbursements through the power authority of the state of New York for a period of time up to November thirtieth, two thousand four, and 2. of such contract extensions or reimbursements as applied for by the recipi- ent for a period of time beginning December first, two thousand four and ending [May fifteenth, two thousand eleven] JUNE THIRTIETH, TWO THOUSAND TWELVE. At no time shall a recipient receive both a reimbursement and extension after December first, two thousand four. The power authority of the state of New York shall receive notification from the board regarding the award of power for jobs electricity savings reimbursements and/or contract extensions. S 12. Subdivision 9 of section 186-a of the tax law, as amended by chapter 217 of the laws of 2009, is amended to read as follows: 9. Notwithstanding any other provision of this chapter or any other law to the contrary, for taxable periods nineteen hundred ninety-seven through and including two thousand [ten] TWELVE, any utility which delivers power under the power for jobs program, as established by section one hundred eighty-nine of the economic development law, shall be allowed a credit, subject to the limitations thereon contained in this subdivision, against the tax imposed under this section equal to net lost revenues from the delivery of power under such power for jobs program. Net lost revenues means the "net receipts" less "net utility revenue" from such delivery of power. For purposes of this subdivision, "net receipts" shall mean the amount that the utility would have other- wise received from customers receiving power pursuant to allocations by the New York state economic development power allocation board in accordance with section one hundred eighty-nine of the economic develop- ment law, or from customers whose allocation has been transferred to an energy service company, or from energy service companies to which such allocation has been transferred, pursuant to its tariff supervised by the public service commission for substantially comparable service otherwise applicable to such customers or energy service companies in the absence of such designation, less the utility's annual average incremental short-term variable and capacity costs of providing such power in the absence of such purchase. For the purposes of this subdivi- sion, "net utility revenue" shall mean the revenues the utility actually receives in accordance with such section one hundred eighty-nine from such customers so designated by the New York state economic development power allocation board or from customers whose allocation has been transferred to an energy service company, or from the energy service companies to which a power for jobs allocation has been transferred, less the utility's cost of such power under such program. Provided, however, that any credit under this section shall be used only with respect to the same taxable year during which such credit arose and shall not be capable of being carried forward or backward to any other taxable period. Nor shall any credit be allowed to any utility for the total amount of power, expressed in kilowatt hours, purchased by the customers of such utility under such program during the taxable period
that exceeds the prorated "baseline energy use" by all customers of that utility purchasing power under such program during the taxable period. "Baseline energy use" with respect to each customer shall mean the larg- est amount of kilowatt hours of energy used by such customer during any twelve consecutive month period occurring during the preceding thirty months immediately preceding the New York state economic development power allocation board's recommendation of such customer's application, prorated to reflect the length of time of the customer's participation in such program during the taxable period. Provided further, however, that in accordance with subdivision (k) of section one hundred eighty- nine of the economic development law no tax credit shall be available for any revenue losses when a utility has declined to purchase power allocated for sale under such program. No electric corporation shall be allowed the tax credit authorized by this subdivision until it shall file a certificate from the department of public service for the period covered by the return verifying that the calculation of such tax credit complies with this subdivision and the department of public service has approved such certificate and forwarded a copy of such approved certif- icate to the commissioner or any amended certificate resulting from the need for correction. The credit allowed by this subdivision shall not be applicable in calculating any other tax imposed or authorized to be imposed by this chapter or any other law, and the amount of the tax surcharge imposed under section one hundred eighty-six-c of this article shall be calculated and payable as if the credit provided for by this subdivision were not allowed. S 13. Subparagraph 2 of paragraph g of the ninth undesignated para- graph of section 1005 of the public authorities law, as amended by chap- ter 217 of the laws of 2009, is amended to read as follows: 2. The authority, as deemed feasible and advisable by the trustees, is authorized to make payments to recipients of the power for jobs elec- tricity savings reimbursements and additional annual voluntary contrib- utions into the state treasury to the credit of the general fund. The authority shall make such contributions to the state treasury no later than ninety days after the end of the calendar year in which a credit under subdivision nine of section one hundred eighty-six-a of the tax law is available: (a) for the additional three hundred megawatts of power under the fourth phase of the program provided under chapter sixty-three of the laws of two thousand and under the fifth phase for the additional one hundred eighty-three megawatts provided under chapter two hundred twenty-six of the laws of two thousand two; and (b) for any extension of any contract for allocations under the fourth phase of the program and under the fifth phase of the program. Payments for any elec- tricity savings reimbursement under section one hundred eighty-nine of the economic development law shall be made pursuant to such section. Such annual contributions shall be equal to fifty percent of the total amount of such credits available each year to all local distributors of electricity. In addition, such authorization for contribution in state fiscal year two thousand two--two thousand three shall be equal to the total amount of credit available in two thousand one and two thousand two; and such authorization for contribution in state fiscal year two thousand three--two thousand four shall be equal to the total amount of credit available in two thousand three; under subdivision nine of section one hundred eighty-six-a of the tax law under the fourth phase of the program for the additional three hundred megawatts provided under chapter sixty-three of the laws of two thousand and under the fifth phase for the additional one hundred eighty-three megawatts provided
under chapter two hundred twenty-six of the laws of two thousand two. In state fiscal year two thousand four--two thousand five, such authorized annual contribution shall be equal to one hundred percent of the total amount of such credits available each year to all local distributors of electricity. Such authorization for contribution in state fiscal years two thousand four and two thousand five shall be equal to the total amount of credit available in two thousand four and two thousand five; under subdivision nine of section one hundred eighty-six-a of the tax law under the fourth phase of the program for the additional three hundred megawatts provided under chapter sixty-three of the laws of two thousand and under the fifth phase for the additional one hundred eight- y-three megawatts provided under chapter two hundred twenty-six of the laws of two thousand two. In addition, such authorization for contrib- ution for any extension of any contract for allocations under the fourth phase of the program and under the fifth phase of the program in each state fiscal year shall be equal to the total amount of credit or reimbursement available in state fiscal year two thousand four--two thousand five, state fiscal year two thousand five--two thousand six and two thousand six--two thousand seven. Additionally, notwithstanding any other section of law, the authority is authorized to make a contribution in an amount related to total amounts of credit received under phases one, two, three, four and five of the program. In no case shall the contribution for state fiscal year two thousand five--two thousand six be less than seventy-five million dollars. The contribution for state fiscal year two thousand six--two thousand seven shall be one hundred million dollars. The contribution for state fiscal year two thousand seven--two thousand eight shall be thirty million dollars. The contrib- ution for state fiscal year two thousand eight--two thousand nine shall be twenty-five million dollars. The contribution for state fiscal year two thousand nine--two thousand ten shall be twelve million five hundred thousand dollars. THE CONTRIBUTION FOR STATE FISCAL YEAR TWO THOUSAND TEN--TWO THOUSAND ELEVEN SHALL BE SEVEN AND ONE-HALF MILLION DOLLARS. THE CONTRIBUTION FOR STATE FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SHALL BE SIX MILLION DOLLARS. The department of public service shall estimate the payment due by the end of the calendar year in which the credit is available. In no case shall the amount of the total annual contributions for the years during which delivery and sale of power associated with all power for jobs phases and any extensions thereof takes place exceed the aggregate total of four hundred [sixty-one] SEVENTY-FIVE million [five hundred thousand] dollars. S 14. The opening paragraph of subdivision 5 of section 1005 of the public authorities law, as amended by chapter 294 of the laws of 1968, is amended to read as follows: To develop, maintain, manage and operate those parts of the Niagara and Saint Lawrence hydroelectric projects owned or controlled by it in such manner as to give effect to the policy hereby declared (and all plans and acts, and all contracts for the use, sale, transmission and distribution of the power generated by such projects, shall be made in the light of, consistent with and subject to this policy), namely, that such projects shall be in all respects for the aid, improvement, and benefit of commerce and navigation in, through, along and past the Niagara river, the Saint Lawrence river and the international rapids section thereof, and that in the development of hydro-electric power therefrom such projects shall be considered primarily as for the benefit of the people of the state as a whole [and particularly the domestic and rural consumers to whom the power can economically be made available,
and accordingly that sale to and use by industry shall be a secondary purpose, to be utilized principally to secure a sufficiently high load factor and revenue returns to permit domestic and rural use at the lowest possible rates and in such manner as to encourage increased domestic and rural use of electricity]
. In furtherance of this policy and to secure a wider distribution of such power and use of the greatest value to the general public of the state, the authority shall in addi- tion to other methods which it may find advantageous make provision so that municipalities and other political sub-divisions of the state now or hereafter authorized by law to engage in the distribution of electric power may secure a reasonable share of the power generated by such projects, and shall sell the same or cause the same to be sold to such municipalities and political subdivisions at prices representing cost of generation, plus capital and operating charges, plus a fair cost of transmission, all as determined by the trustees, and subject to condi- tions which shall assure the resale of such power [to domestic and rural consumers] at the lowest possible price, provided, however, that in disposing of hydro-electric power pursuant to and in furtherance of the aforementioned policy and purposes, appropriate provision may also be made to allocate a reasonable share of project power to agencies created or designated by other states and authorized to resell the power to users under the same terms and conditions as power is disposed of in New York state. To that end, the authority may provide in any contract or contracts which it may make for the sale, transmission and distribution of the power that the purchaser, transmitter or distributor shall construct, maintain and operate, on such terms as the authority may deem proper, such connecting lines as may be necessary for transmission of the power from main transmission lines to such municipalities or poli- tical subdivisions. S 15. Subdivision 16 of section 1005 of the public authorities law, as added by chapter 217 of the laws of 2009, is REPEALED. S 16. Subdivision 16 of section 1005 of the public authorities law, as added by chapter 477 of the laws of 2009, is renumbered subdivision 17, and paragraph (a) of such subdivision is amended to read as follows: (a) As deemed feasible and advisable by the trustees, to finance and design, develop, construct, implement, provide and administer energy-re- lated projects, programs and services for any public entity and any recipient of the economic development power, expansion power, replace- ment power, preservation power, high load factor power, municipal distribution agency power, [and the] power for jobs, AND RECHARGE NEW YORK POWER programs administered by the authority. In establishing and providing high performance and sustainable building programs and services authorized by this subdivision, the authority is authorized to consult standards, guidelines, rating systems, and/or criteria estab- lished or adopted by other organizations, including but not limited to the United States green building council under its leadership in energy and environmental design (LEED) programs, the green building initi- ative's green globes rating system, and the American National Standards Institute. The source of any financing and/or loans provided by the authority for the purposes of this subdivision may be the proceeds of notes issued pursuant to section one thousand nine-a of this title, the proceeds of bonds issued pursuant to section one thousand ten of this title, or any other available authority funds. S 17. Section 2 of chapter 477 of the laws of 2009, amending the public authorities law relating to energy efficiency and clean energy
initiatives of the power authority of the state of New York, is amended to read as follows: S 2. This act shall take effect immediately [and shall expire three years after it shall have become a law; provided that such expiration shall not affect the validity of any energy services contract authorized by this act and entered into prior to its expiration]. S 18. The opening paragraph of subdivision 6 of section 1005 of the public authorities law, as amended by chapter 294 of the laws of 1968, is amended to read as follows: To develop, maintain, manage and operate its projects other than the Niagara and Saint Lawrence hydroelectric projects so as (i) to provide an adequate supply of energy for optimum utilization of its hydroelec- tric projects, (ii) to attract and expand high load factor industry, (iii) to provide for the additional needs of its municipal electric and rural electric cooperative customers, (IV) TO PROVIDE A SUPPLY OF POWER AND ENERGY FOR USE IN THE RECHARGE NEW YORK POWER PROGRAM AS RECHARGE NEW YORK MARKET POWER, and [(iv)] (V) to assist in maintaining an adequate, dependable electric power supply for the state. S 19. Severability clause. If any clause, sentence, paragraph, subdi- vision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included therewith. S 20. This act shall take effect immediately; provided that: a. the amendments to section 183 of the economic development law made by section nine of this act shall not affect the expiration of such section and shall be deemed to expire therewith; b. the amendments to section 189 of the economic development law made by sections ten and eleven of this act shall not affect the repeal of such section and shall be deemed repealed therewith; c. the amendments to subdivision 9 of section 186-a of the tax law made by section twelve of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith; and d. the amendments to subparagraph 2 of paragraph g of the 9th undesig- nated paragraph of section 1005 of the public authorities law made by section thirteen of this act shall not affect the expiration of such subparagraph and shall be deemed to expire therewith. PART DD Section 1. The New York state urban development corporation shall submit for approval to the director of the budget a comprehensive finan- cial plan for the corporation and its subsidiaries for expenditures, regardless of source, including but not limited to those from the debt service account, the excess debt service account, the housing repair and modernization fund account, the interest income account, and the econom- ic development income account, in such detail as the director of the budget may require. The director of the budget shall file copies of such financial plan with the senate finance committee, the assembly ways and means committee and the department of audit and control in both paper and electronic format.
S 2. 1. Notwithstanding any provision of law to the contrary, the New York state urban development corporation shall establish accounts and subaccounts within the treasury of such corporation which shall reflect and consist of all funds made available to such corporation, at any time, from any sources for its corporate purposes. Such account shall consist of, but not be limited to, the following: (i) general and administrative accounts, which shall consist of all funds made available for the operational expenses of such corporation; (ii) general and administrative accounts of certain subsidiary corpo- rations, which shall consist of all funds made available for the opera- tional expenses of the mortgage loan enforcement and administration corporation and the 42nd street development project, incorporated, provided, however, that such subsidiary shall be established as a sepa- rate account; (iii) debt service account, which shall consist of all funds made available for debt service payments on the outstanding general obli- gations of the corporation where the original issue of such bonds or notes was prior to April 1, 1976, and including any refinancing or renewal of such bonds and notes, provided such account shall not, in any manner, reduce any debt service reserve fund below a level agreed to pursuant to a statute, covenant or other contract between the corpo- ration and such bondholders or noteholders; (iv) excess debt service account, which shall consist of all funds made available from the net savings achieved as a result of the refund- ing of the corporation's general purpose bonds authorized pursuant to resolution number 96-ud-526 of the public authorities control board. Net savings shall be determined by the difference between annual debt service payments which would have been required pursuant to the refunded bonds and the annual debt service payments for the corporation's corpo- rate purpose bonds issued to accomplish such refunding; (v) housing repair and modernization fund account, which shall consist of funds made available from the excess debt service account to assist in maintaining the residential and commercial portfolios of the corpo- ration as determined by the chairman of the corporation or his designee; (vi) buildout account, which shall consist of all funds made available for the payment of expenses associated with final settlements on remain- ing issues of construction costs and mortgage amounts on residential and nonresidential projects financed by the corporation; (vii) project repair account, which shall consist of all funds made available for the maintenance, servicing or repairing of real property in the residential, industrial and commercial portfolios of such corpo- rations; (viii) economic development income account, which shall consist of all payments, including payments to compensate for any funds, time or other costs provided by the corporation in relation to nonresidential projects and all other reimbursable corporate service income from economic devel- opment projects and payments which are provided to such corporation for purposes of repayment of funds in respect to any contract or other agreements entered into by the corporation which are attributable to any economic development project of the corporation, provided, however, that such account shall not include funds representing repayments which are to be returned to the development of such project pursuant to any contract or other agreement entered into by the corporation; (ix) economic development program and project accounts, which shall consist of all funds made available for specific economic development programs and projects excluding any program or project authorized by a
resolution or other action of the corporation prior to April 1, 1976, and excluding any residential project, provided, however, that each specified program and project shall be established as a separate account unless otherwise authorized pursuant to an appropriation; (x) new communities and community support account, which shall consist of all funds made available for, and all income received from the Audu- bon and Radisson communities; (xi) Roosevelt Island operating corporation account, which shall consist of all funds made available for, and all income received from the Roosevelt Island community; (xii) interest income account, which shall consist of all moneys earned by the corporation from investment of any funds available in the accounts and subaccounts within the treasury of the corporation; and (xiii) mortgage servicing fee account, which shall consist of all funds made available to the mortgage loan enforcement and administration corporation for the payment of fees to the housing special revenue account of the miscellaneous special revenue fund associated with the provision of mortgage servicing activities by the division of housing and community renewal. 2. The amounts deposited in any such account may be interchanged with any other account for purposes of investment and may be commingled, provided, however, that such interchange may not increase or decrease any account, other than the debt service account, and the interest income account, by more than five percent in the aggregate in the entire period of any fiscal year of the corporation. Provided further, that in addition to any other specific exception provided for in this section, the following exemptions to the above interchange provision shall apply for the purposes of the debt service account, the interest income account, the project repair account, the mortgage servicing fee account, the general and administrative account of the mortgage loan enforcement and administration corporation, excess debt service account, housing repair and modernization fund account, Roosevelt Island operating corpo- ration account and the economic development income account: (i) Interchange from the debt service account to any other account shall be unlimited, but all such transfers from the debt service account shall be repaid quarterly to such account on or before June 30, 2011, September 30, 2011, December 31, 2011 and March 31, 2012, except for: (A) $30,762,000 which shall be transferred to the general and adminis- trative account from the debt service account during the state fiscal year commencing April 1, 2011, and such amount of $30,762,000 shall not be repaid to the debt service account; (B) $2,000,000 which shall be transferred to the general and administrative account of the 42nd street development project, incorporated and which shall be repaid pursuant to a repayment agreement as set out in paragraph (vi) of this subdivision. (ii) Interchange from the excess debt service account shall be unlim- ited, but all such transfers from the excess debt service account shall be repaid quarterly to such account on or before June 30, 2011, Septem- ber 30, 2011, December 31, 2011, and March 31, 2012, except for: (A) an amount sufficient to fund the housing repair and modernization fund account to assist in maintaining the residential and commercial portfo- lios of the corporation as determined by the chairman of the corporation or his designee; (B) an amount necessary to invest in the job develop- ment authority, as certified by the chairman of the authority or his designee, to provide funds in order to pay lawful debts of the authority provided that the corporation shall not make any payment or investment for the benefit of the authority unless and until it has independently
verified that the authority does not have sufficient funds available to pay its lawfully incurred debts and obligations, and with any net savings which remain and are available; (C) all remaining balances of funds contained in the excess debt service account shall be remitted to the credit of the state of New York general fund not later than March 31, 2011. (iii) Interchange from the interest income account, other than to the general and administrative account of the mortgage loan enforcement and administration corporation, may be unlimited. (iv) Interchange to the project repair account from any account may be unlimited, and the corporation shall transfer up to $10,000,000 to such account from any account during the fiscal year commencing April 1, 2011, and such amount up to $10,000,000 shall not be repaid. (v) Interchange between the general and administrative account of the mortgage loan enforcement and administration corporation and any other account shall comply with the provisions specified herein, except that up to $1,700,000 shall be transferred to such subsidiary corporation during the fiscal year commencing April 1, 2011 and any such amount shall not be repaid. (vi) An advance up to $2,000,000 may be made from the debt service account to the general and administrative account of the 42nd street development project, incorporated, provided, however, that before such advance is made the New York state urban development corporation shall enter into an agreement with the director of the budget providing for repayment of such advance. Subject to the approval of the director of the budget, and notification of the chairs of the assembly ways and means and the senate finance committees in both paper and electronic format, the corporation is hereby authorized to expend revenues of the project for services and expenses of the corporation. The total amount expended by the 42nd street development project, incorporated shall not exceed $2,000,000 and any unexpended project revenues shall be used to reduce the total advance provided to the project from the debt service account. (vii) Interchange from the debt service account to the mortgage servicing fee account of the mortgage loan enforcement and adminis- tration corporation shall comply with the provisions specified herein, except that up to $2,838,000 shall be transferred to such mortgage servicing fee account during the fiscal year commencing April 1, 2011 and such amount shall not be repaid. Prior to the allocation of any moneys from the debt service account to the 42nd street development project, incorporated, and the mortgage loan enforcement and adminis- tration corporation for the fiscal year commencing April 1, 2011, each corporation shall submit for approval to the director of the budget, a comprehensive financial plan for each corporation for such fiscal year, in such detail as the director of the budget shall require in both paper and electronic format. The financial plan shall be submitted to the budget director on or before May 15, 2011. A report for each plan and any plan update, if necessary, shall be submitted to the director of the budget on or before August 15, 2011, November 15, 2011 and February 15, 2012. Each such report shall provide the actual revenue and expenditures for the preceding quarters ending June 30, 2011, September 30, 2011 and December 31, 2011, in such detail as the director of the budget shall require. Further, any plan update shall revise, where necessary, the revenue and expenditure plan for each corporation for the remainder of the fiscal year beginning April 1, 2011. No transfer to the general administrative account of the corporation shall occur prior to the
approval of the financial plan and unless in compliance with the approved financial plan. The director of the budget shall file copies of such financial plans, quarterly reports and any plan updates with the department of audit and control and the senate finance committee and the assembly ways and means committee in both paper and electronic format. Interchange made to the debt service account shall not be repaid if such payment would reduce any debt service or debt service reserve requirements below any amount required pursuant to a covenant, contract or other agreements with the bondholders and noteholders. No payments or deposits shall be made from any debt service reserve fund established pursuant to the provisions of section 20 of the New York state urban development corporation act to any account of the corporation other than the debt service account; and such payment or deposit shall only occur if deemed necessary to meet the payments specified in the debt service account described herein. Provided further, (a) that such investment shall be made pursuant to the provisions of subdivision 22 of section 5 of the New York state urban development corporation act; (b) that such investment shall be made in a fashion which shall enable the corporation to timely meet its obligations; (c) that such investment shall be specified in each account in respect to the amount contributed, and that upon termination of such investment each account shall be reimbursed. Such account and subaccount shall be included in detailed quarterly reports of the corporation commencing with the quarterly report for the period immediately preced- ing April 1, 2011 which set forth the status of all such accounts, including for each account and subaccount the amount in such accounts at the beginning of such quarter (from and including the entire period of the first day of the operative calendar year), the payments of such accounts, the payments from such accounts and the amount in such accounts at the close of such quarter (to and including the entire peri- od of the last day of the operative calendar year). Such detailed quar- terly report shall be prepared and submitted within 30 days of the close of each fiscal quarter of the corporation to the director of the budget, and the chair of the senate finance committee and the chair of the assembly ways and means committee in both paper and electronic format. Such accounts and subaccounts shall be detailed in the annual report of the corporation. No disbursements or payments shall be made from the economic develop- ment income account or the interest income account except upon a request for the transfer of such funds to the director of the budget who shall file such request and approval thereof with the department of audit and control and copies thereof with the senate finance committee and the assembly ways and means committee in both paper and electronic format, except that such prior approval shall not be required in respect to repayments to the state. Any amounts in any debt service reserve funds, any inconsistent provisions of law notwithstanding, established by the corporation pursuant to the provisions of section 20 of the New York state urban development corporation act, which would not reduce the amount of such fund or funds to less than (1) the maximum amount of principal and interest maturing and becoming due in 2011 or (2) any amount required pursuant to a covenant, contract or other agreement with bondholders and noteholders shall be paid by the corporation to the state comptroller for deposit to the credit of the general fund of the state on or before March 1, 2012. In the event that the corporation shall fail to make such payment, the comptroller shall withhold from any appropriations otherwise available to the corporation, the amount suffi-
cient to pay to the general fund the amounts required to be paid by the corporation pursuant to the foregoing provisions. The state comptroller shall create accounts for each item of appropriation. S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011; and provided further that sections one and two of this act shall expire and be deemed repealed March 31, 2012. PART EE Section 1. Subdivision 1 of section 12 of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act is amended by adding a new undesignated paragraph to read as follows: THE EMPIRE STATE NEW MARKET CORPORATION, A COMMUNITY DEVELOPMENT ENTI- TY CERTIFIED BY THE UNITED STATES DEPARTMENT OF THE TREASURY COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND AND A CORPORATE SUBSIDIARY OF THE CORPORATION, BY RESOLUTION, MAY DIRECT ANY OF ITS DIRECTORS, OFFI- CERS, OR EMPLOYEES TO FORM LIMITED LIABILITY COMPANIES PURSUANT TO SECTION 203 OF THE LIMITED LIABILITY COMPANY LAW FOR THE SOLE PURPOSE OF CERTIFYING AND PERFORMING AS COMMUNITY DEVELOPMENT ENTITIES THAT WOULD BE ELIGIBLE TO RECEIVE AN ALLOCATION OF TAX CREDITS UNDER THE NEW MARKETS TAX CREDIT PROGRAM. NO LIMITED LIABILITY COMPANY FORMED PURSU- ANT TO THIS SECTION SHALL MERGE OR CONSOLIDATE. EACH LIMITED LIABILITY COMPANY SHALL ACT SOLELY IN RELATION TO PROJECTS SELECTED BY THE CORPO- RATION, OR A CORPORATE SUBSIDIARY OF THE CORPORATION. EACH LIMITED LIABILITY COMPANY SHALL BE EMPOWERED TO RECEIVE AN ALLOCATION OF TAX CREDITS FROM A FEDERAL ALLOCATION TO THE CORPORATION, OR A CORPORATE SUBSIDIARY OF THE CORPORATION, UNDER THE NEW MARKETS TAX CREDIT PROGRAM AND TO DO ANY OTHER ACT OR THINGS INCIDENTAL TO OR CONNECTED WITH THE FOREGOING PURPOSES OR IN ADVANCEMENT THEREOF. THE CORPORATION, OR A CORPORATE SUBSIDIARY OF THE CORPORATION, SHALL BE THE MANAGING MEMBER OF EACH LIMITED LIABILITY COMPANY CREATED BY THE CORPORATION. IN DETERMIN- ING WHICH PROJECTS TO ALLOCATE TAX CREDITS TO UNDER THE NEW MARKETS TAX CREDIT PROGRAM, THE CORPORATION SHALL PRIORITIZE PROJECTS DEMONSTRATING ONE OR MORE OF THE FOLLOWING GOALS OR BENEFITS: (A) CREATING OR RETAIN- ING JOBS IN LOW INCOME COMMUNITIES; (B) INCREASING THE PROVISION OF GOODS AND SERVICES FOR LOW INCOME COMMUNITY RESIDENTS WHICH WOULD OTHER- WISE NOT BE AVAILABLE AT THE SAME PRICE OR QUALITY; (C) SUPPORTING MINORITY AND WOMEN-OWNED OR CONTROLLED BUSINESSES; (D) EXPANDING HOUSING OPPORTUNITIES FOR LOW INCOME COMMUNITY PERSONS; (E) SUPPORTING ENVIRON- MENTALLY SUSTAINABLE OUTCOMES; AND (F) SUPPORTING EFFORTS THAT OTHERWISE BENEFIT LOW INCOME COMMUNITY RESIDENTS BY LEVERAGING FURTHER INVESTMENT IN THEIR COMMUNITIES. PROVIDED FURTHER, SUCH PROJECTS SHALL BE LIMITED TO PROJECTS THAT WOULD BE AUTHORIZED UNDER THIS ACT AND SHALL BE SUBJECT TO APPROVAL BY THE BOARD OF THE URBAN DEVELOPMENT CORPORATION. THE CORPORATION SHALL PUBLISH INFORMATION REGARDING THE PROCESS USED TO SELECT PROJECTS TO RECEIVE THE NEW MARKETS TAX CREDITS AND PROVIDE A COPY TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEM- BLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY. THE CORPORATION SHALL STRIVE FOR REGIONAL DIVERSITY IN THE ALLOCATION OF TAX CREDITS UNDER THE NEW MARKETS TAX CREDIT PROGRAM. THE CORPORATION SHALL INCLUDE IN THE INFORMATION REQUIRED TO BE SUBMITTED ANNUALLY IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION 1 OF SECTION 2800 OF THE PUBLIC AUTHORITIES LAW INFORMATION REGARDING ASSISTANCE PROVIDED BY IT OR ITS SUBSIDIARY UNDER THE NEW MARKETS TAX CREDIT
PROGRAM, AND SHALL PROVIDE FINANCIAL INFORMATION WITH RESPECT TO ANY SUBSIDIARY ADMINISTERING THE PROGRAM IN THE CORPORATION'S FINANCIAL REPORTS, INCLUDING ITS CERTIFIED AUDITED FINANCIAL STATEMENTS. S 2. This act shall take effect immediately and shall expire and be deemed repealed 5 years after such effective date. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through EE of this act shall be as specifically set forth in the last section of such Parts.

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