Authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2012-2013; relates to the establishment of the dedicated highway and bridge trust fund; authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012; relates to the effectiveness of the dedicated highway and bridge trust fund (Part A); modifies the distribution of certain highway funds (Part B); enacts a risk based bus inspection program (Part C); relates to commercial driver's licenses and medical certifications; repeals paragraph (f) of subdivision 3 of section 510-a of the vehicle and traffic law, relating to commercial driver's licenses (Part D); relates to notes, bonds and other obligations of the metropolitan transportation authority, Triborough bridge and tunnel authority and New York city transit authority (Part E); establishes an additional retention rate for county clerks acting as an agent of the department of motor vehicles based upon internet transactions (Part F); relates to federal revenue (Part G); relates to regulation of various fish and wildlife licenses, permits and fees; repeals certain provisions of such law relating thereto (Part H); relates to hazardous waste program fees and surcharges (Part J); relates to sewage treatment and drinking water funds and the water pollution control and drinking water revolving funds (Part K); relates to seed testing (Park L); relates to cost recovery for services (Part M); relates to food processing license fees; repeals subdivision 4 of section 128-a and subdivision 3 of section 133-a of the agriculture and markets law and section 90-b of the state finance law relating to the commercial feed licensing fund (Part N); 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 (Part O); 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 (Part P); relates to powers of the New York state urban development corporation to make loans (Part R); extends certain provisions relating to the empire state economic development fund (Part S); relates to excelsior linked deposit act (Part U); authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part V); relates to the employment of officials at harness race meetings and reimbursement by licensed racing corporations to the state racing and wagering board for the per diem cost of such employees (Part Y); relates to the recovery of state governmental costs from public authorities and public benefit corporations (Part AA); authorizes the dormitory authority to enter into certain design and construction management agreements; provides for the repeal of such provisions upon the expiration thereof (Part BB); relates to on-bill recovery mechanism for the "green jobs-green New York" program (Part DD); relates to the use of ultra low sulfur diesel fuel and best available technology by the State (Part EE); directs the commissioner of environmental conservation to create gift cards for hunting and fishing licenses (Part FF); enacts the western New York power proceeds allocation act; repeals chapter 436 of the laws of 2010, relating to authorizing unallocated expansion or replacement power to be allocated for western New York economic development fund benefits (Part GG); relates to infrastructure investment (Part HH); relates to regional off-track betting corporations and provides for the repeal of certain provisions upon expiration thereof (Part II).
S6258D-2011 Actions
- Mar 30, 2012: SIGNED CHAP.58
- Mar 30, 2012: DELIVERED TO GOVERNOR
- Mar 28, 2012: returned to senate
- Mar 28, 2012: passed assembly
- Mar 28, 2012: motion to amend lost
- Mar 28, 2012: ordered to third reading rules cal.24
- Mar 28, 2012: substituted for a9058d
- Mar 28, 2012: referred to ways and means
- Mar 28, 2012: DELIVERED TO ASSEMBLY
- Mar 28, 2012: PASSED SENATE
- Mar 28, 2012: ORDERED TO THIRD READING CAL.472
- Mar 25, 2012: PRINT NUMBER 6258D
- Mar 25, 2012: AMEND (T) AND RECOMMIT TO FINANCE
- Mar 11, 2012: PRINT NUMBER 6258C
- Mar 11, 2012: AMEND (T) AND RECOMMIT TO FINANCE
- Feb 17, 2012: PRINT NUMBER 6258B
- Feb 17, 2012: AMEND (T) AND RECOMMIT TO FINANCE
- Feb 10, 2012: PRINT NUMBER 6258A
- Feb 10, 2012: AMEND AND RECOMMIT TO FINANCE
- Jan 17, 2012: REFERRED TO FINANCE
S6258D-2011 Meetings
Finance: Mar 29, 2012S6258D-2011 Calendars
Floor Calendar: Mar 28, 2012S6258D-2011 Votes
VOTE: COMMITTEE VOTE:
- Finance
- Mar 28, 2012
Ayes (31): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Dilan, Gianaris, Montgomery, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Nays (3): Diaz, Duane, Parker
Excused (1): Oppenheimer
VOTE: FLOOR VOTE:
- Mar 28, 2012
Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (2): Diaz, Duane
Excused (1): Oppenheimer
S6258D-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6258--D A. 9058--D
SENATE - ASSEMBLY
January 17, 2012
___________
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 -- 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 -- 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 2012-2013; to amend chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the estab-
lishment of the dedicated highway and bridge trust fund; and to amend
chapter 60 of the laws of 2011, authorizing funding for the Consol-
idated Local Street and Highway Improvement Program (CHIPS) and
Marchiselli program for state fiscal year 2011-2012 and amending chap-
ter 329 of the laws of 1991, amending the state finance law and other
laws relating to the establishment of the dedicated highway and bridge
trust fund, in relation to the effectiveness thereof (Part A); to
amend the highway law and the state finance law, in relation to modi-
fying the distribution of certain funds (Part B); to amend the trans-
portation law, in relation to enacting a risk-based bus inspection
program (Part C); to amend the vehicle and traffic law, in relation to
commercial driver's licenses and medical certifications; and to repeal
paragraph (f) of subdivision 3 of section 510-a of the vehicle and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12673-06-2
S. 6258--D 2 A. 9058--D
traffic law, relating to commercial driver's licenses (Part D); to
amend the public authorities law, in relation to notes, bonds and
other obligations of the metropolitan transportation authority,
Triborough bridge and tunnel authority and New York city transit
authority (Part E); to amend vehicle and traffic law in relation to
establishing an additional retention rate for county clerks acting as
an agent of the department of motor vehicles based upon internet tran-
sactions (Part F); to amend the transportation law, the vehicle and
traffic law, the general municipal law, the environmental conservation
law and the executive law, in relation to federal revenue (Part G); to
amend the environmental conservation law, in relation to the regu-
lation of various fish and wildlife licenses, permits and fees; and
repealing certain provisions of such law relating thereto (Part H);
intentionally omitted (Part I); to amend the environmental conserva-
tion law, in relation to hazardous waste program fees and surcharges
(Part J); to amend the state finance law and the public authorities
law, in relation to the sewage treatment and drinking water funds and
the water pollution control and drinking water revolving funds (Part
K); to amend the agriculture and markets law, in relation to seed
testing (Part L); to amend the agriculture and markets law, in
relation to cost recovery for services (Part M); to amend the agricul-
ture and markets law, in relation to food processing license fees; and
to repeal subdivision 4 of section 128-a and subdivision 3 of section
133-a of the agriculture and markets law and section 90-b of the state
finance law relating to the commercial feed licensing fund (Part N);
to authorize and direct the New York state energy research and devel-
opment authority to make a payment to the general fund of up to
$913,000 (Part O); to authorize the New York state energy research and
development authority to finance a portion of its research, develop-
ment and demonstration and policy and planning programs from assess-
ments on gas and electric corporations (Part P); intentionally omitted
(Part Q); to amend chapter 393 of the laws of 1994, amending the New
York state urban development corporation act, relating to the powers
of the New York state urban development corporation to make loans, in
relation to the effectiveness thereof (Part R); to amend the New York
state urban development corporation act, in relation to extending
certain provisions relating to the empire state economic development
fund (Part S); intentionally omitted (Part T); to amend the state
finance law, in relation to the excelsior linked deposit act (Part U);
to authorize the department of health to finance certain activities
with revenues generated from an assessment on cable television compa-
nies (Part V); intentionally omitted (Part W); intentionally omitted
(Part X); to amend the racing, pari-mutuel wagering and breeding law
in relation to employment of officials at harness race meetings and
reimbursement by licensed racing corporations to the state racing and
wagering board for the per diem cost of such employees (Part Y);
intentionally omitted (Part Z); to amend the public authorities law,
in relation to the recovery of state governmental costs from public
authorities and public benefit corporations (Part AA); to amend the
public authorities law, in relation to authorizing the dormitory
authority to enter into certain design and construction management
agreements; and providing for the repeal of such provisions upon the
expiration thereof (Part BB); intentionally omitted (Part CC); to
amend the public authorities law and the real property law, in
relation to the on-bill recovery mechanism for the "green jobs-green
New York" program (Part DD); to amend the environmental conservation
S. 6258--D 3 A. 9058--D
law, in relation to the use of ultra low sulfur diesel fuel and best
available technology by the state (Part EE); to amend the environ-
mental conservation law, in relation to directing the commissioner of
environmental conservation to create gift cards for hunting and fish-
ing licenses (Part FF); to amend the economic development law and the
public authorities law, in relation to enacting the western New York
power proceeds allocation act; and to repeal chapter 436 of the laws
of 2010, relating to authorizing unallocated expansion or replacement
power to be allocated for western New York economic development fund
benefits (Part GG); to amend the state finance law, in relation to
infrastructure investment (Part HH); and to amend the racing, pari-mu-
tuel wagering and breeding law, in relation to regional off-track
betting corporations; and providing for the repeal of certain
provisions upon expiration thereof (Part II)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2012-2013
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through II. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. The sum of four hundred two million seven hundred ninety-
seven thousand dollars ($402,797,000), or so much thereof as shall be
necessary, and in addition to amounts previously appropriated by law, is
hereby made available, in accordance with subdivision 1 of section 380
of the public authorities law as amended, according to the following
schedule. Payments pursuant to subdivision (a) of this section shall be
made available as moneys become available for such payments. Payments
pursuant to subdivisions (b) and (c) of this section shall be made
available on the fifteenth day of June, September, December and March or
as soon thereafter as moneys become available for such payments. No
moneys of the state in the state treasury or any of its funds shall be
available for payments pursuant to this section:
SCHEDULE
(a) Thirty-nine million seven hundred thousand dollars ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the laws of 1991, as added by section 9 of chapter 330 of the laws of
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.
S. 6258--D 4 A. 9058--D
The program authorized pursuant to section 15 of chapter 329 of the
laws of 1991, as added by section 9 of chapter 330 of the laws of 1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
State Fiscal Year Amount
2012-13 $39,700,000
(b) Three hundred four million three hundred thousand dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of eligible costs of local highway and bridge projects pursuant to
sections 16 and 16-a of chapter 329 of the laws of 1991, as added by
section 9 of chapter 330 of the laws of 1991, as amended. For the
purposes of computing allocations to municipalities, the amount distrib-
uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be
deemed to be $121,520,000. The amount distributed pursuant to section
16-a of chapter 329 of the laws of 1991 shall be deemed to be
$182,780,000. Notwithstanding the provisions of any general or special
law, the amounts deemed distributed in accordance with section 16 of
chapter 329 of the laws of 1991 shall be adjusted so that such amounts
will not be less than 83.807 percent of the "funding level" as defined
in subdivision 5 of section 10-c of the highway law for each such muni-
cipality. In order to achieve the objectives of section 16 of chapter
329 of the laws of 1991, to the extent necessary, the amounts in excess
of 83.807 percent of the funding level to be deemed distributed to each
municipality under this subdivision shall be reduced in equal propor-
tion.
(c) Fifty-eight million seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible costs of
local highway and bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing allocations
to municipalities, the amount distributed pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be $23,480,000. The
amount distributed pursuant to section 16-a of chapter 329 of the laws
of 1991 shall be deemed to be $35,317,000. Notwithstanding the
provisions of any general or special law, the amounts deemed distributed
in accordance with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 16.193 percent of
the "funding level" as defined in subdivision 5 of section 10-c of the
highway law for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991, to the extent
necessary, the amounts in excess of 16.193 percent of the funding level
to be deemed distributed to each municipality under this subdivision
shall be reduced in equal proportion. To the extent that the total of
remaining payment allocations calculated herein varies from $58,797,000,
the payment amounts to each locality shall be adjusted by a uniform
percentage so that the total payments equal $58,797,000.
The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991, as amended, shall additionally make payments for reimbursement
according to the following schedule:
State Fiscal Year Amount
2012-13 $363,097,000
S 2. Subdivision (f) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as added by section
S. 6258--D 5 A. 9058--D
2 of part A of chapter 60 of the laws of 2011, is amended to read as
follows:
(f) For purposes of this section and section 10-c of the highway law,
[for projects completed on or before March 31, 2012] local highway and
bridge projects may also include the following work types: (1) microsur-
facing, (2) paver placed surface treatment, (3) single course surface
treatment involving chip seals and oil and stone, and (4) double course
surface treatment involving chip seals and oil and stone[, however, no
reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface treatment involving chip
seals and oil and stone, and (4) double course surface treatment involv-
ing chip seals and oil and stone after March 31, 2012]. Reimbursement
for projects using these treatments may be made from the proceeds of
bonds, notes or other obligations issued by the New York state thruway
authority pursuant to section 380 of the public authorities law or
otherwise as determined by the director of the budget.
S 3. Subdivision (f) of section 16-a of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as added
by section 3 of part A of chapter 60 of the laws of 2011, is amended to
read as follows:
(f) For purposes of this section and section 10-c of the highway law,
[for projects completed on or before March 31, 2012] local highway and
bridge projects may also include the following work types: (1) microsur-
facing, (2) paver placed surface treatment, (3) single course surface
treatment involving chip seals and oil and stone, and (4) double course
surface treatment involving chip seals and oil and stone[, however, no
reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface treatment involving chip
seals and oil and stone, and (4) double course surface treatment involv-
ing chip seals and oil and stone after March 31, 2012]. Reimbursement
for projects using these treatments may be made from the proceeds of
bonds, notes or other obligations issued by the New York state thruway
authority pursuant to section 380 of the public authorities law or
otherwise as determined by the director of the budget.
S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as amended by
section 4 of part A of chapter 60 of the laws of 2011, is amended to
read as follows:
(d) Any such service contract (i) shall provide that the obligation of
the director of the budget or the state to fund or to pay the amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provisions in the event the
thruway authority assigns or pledges service contract payments as secu-
rity for its bonds or notes, (ii) shall be deemed executory only to the
extent moneys are available and that no liability shall be incurred by
the state beyond the moneys available for the purpose, and that such
obligation is subject to annual appropriation by the legislature, and
(iii) shall provide that no funds shall be made available from the
proceeds of bonds or notes issued pursuant to this chapter unless the
commissioner of transportation has certified to the chairman of the
thruway authority that such funds shall be used exclusively for the
purposes authorized by subdivision (a) of this section, and/or
construction, reconstruction or improvement of local highways, bridges
and/or highway-railroad crossings, including right of way acquisition,
S. 6258--D 6 A. 9058--D
preliminary engineering, and construction supervision and inspection,
where the service life of the project is at least ten years or [for
projects completed on or before March 31, 2012] where the project is:
(1) microsurfacing, (2) paver placed surface treatment, (3) single
course surface treatment involving chip seals and oil and stone and (4)
double course surface treatment involving chip seals and oil and stone,
and unless the director of the budget has certified to the chairman of
the thruway authority that a spending plan has been submitted by the
commissioner of transportation and has been approved by the director of
the budget. [No reimbursement shall be made for (1) microsurfacing, (2)
paver placed surface treatment, (3) single course surface treatment
involving chip seals and oil and stone, and (4) double course surface
treatment involving chip seals and oil and stone after March 31, 2012.]
S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as amended by
section 5 of part A of chapter 60 of the laws of 2011, is amended to
read as follows:
(b) Each county, city, town and village shall certify to the commis-
sioner of transportation that amounts to be reimbursed are for
construction, reconstruction or improvement of local highways, bridges
and/or highway-railroad crossings, including right of way acquisition,
preliminary engineering, and construction supervision and inspection
where the service life of the project is at least ten years or [for
projects completed on or before March 31, 2012] where the project is:
(1) microsurfacing, (2) paver placed surface treatment, (3) single
course surface treatment involving chip seals and oil and stone and (4)
double course surface treatment involving chip seals and oil and stone.
[No reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface treatment involving chip
seals and oil and stone, and (4) double course surface treatment involv-
ing chip seals and oil and stone after March 31, 2012.] Such certif-
ication shall include any such information as may be necessary to main-
tain the federal tax exempt status of bonds, notes or other obligations
issued by the New York state thruway authority pursuant to section 380
of the public authorities law. The commissioner of transportation shall
in writing request the municipalities to furnish such information as may
be necessary to comply with this section.
S 6. Subdivision (b) of section 16-a of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 6 of part A of chapter 60 of the laws of 2011, is amended to
read as follows:
(b) Each county, city, town and village shall certify to the commis-
sioner of transportation that amounts to be reimbursed are for
construction, reconstruction or improvement of local highways, bridges
and/or highway-railroad crossings, including right of way acquisition,
preliminary engineering, and construction supervision and inspection
where the service life of the project is at least ten years or [for
projects completed on or before March 31, 2012] where the project is:
(1) microsurfacing, (2) paver placed surface treatment, (3) single
course surface treatment involving chip seals and oil and stone and (4)
double course surface treatment involving chip seals and oil and stone.
[No reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface treatment involving chip
seals and oil and stone, and (4) double course surface treatment involv-
S. 6258--D 7 A. 9058--D
ing chip seals and oil and stone after March 31, 2012.] Such certif-
ication shall include any such information as may be necessary to main-
tain the federal tax exempt status of bonds, notes or other obligations
issued by the New York state thruway authority pursuant to section 380
of the public authorities law. The commissioner shall in writing request
the municipalities to furnish such information as may be necessary to
comply with this section.
S 7. Section 7 of part A of chapter 60 of the laws of 2011, authoriz-
ing funding for the Consolidated Local Street and Highway Improvement
Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012
and amending chapter 329 of the laws of 1991, amending the state finance
law and other laws relating to the establishment of the dedicated high-
way and bridge trust fund, is amended to read as follows:
S 7. This act shall take effect immediately[; provided, however, that
sections two, three, four, five and six of this act shall expire and be
deemed repealed on April 1, 2012].
S 8. This act shall take effect immediately.
PART B
Section 1. Section 326 of the highway law, as amended by chapter 1110
of the laws of 1971, is amended to read as follows:
S 326. Penalties, how recovered. All penalties or forfeitures given in
this chapter, and not otherwise specially provided for, shall be recov-
ered by the town superintendent, in the name of the town in which the
offense shall be committed; and when recovered, shall be applied by them
in improving the highways and bridges in such town, except that if the
offense occurs on any highway included in the systems defined by section
three hundred forty-one of this chapter, such penalties or forfeitures
may be recovered by the commissioner of transportation and where so
recovered shall be [paid to the state treasurer to the credit of the
fund available for the maintenance and repair of state highways] DEPOS-
ITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT
ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED
PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
S 2. Paragraph (a) of subdivision 3 of section 89-b of the state
finance law, as amended by section 2 of chapter 165 of the laws of 2008,
is amended to read as follows:
(a) The special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions of sections two hundred
five, two hundred eighty-nine-e, three hundred one-j, five hundred
fifteen and eleven hundred sixty-seven of the tax law, section four
hundred one of the vehicle and traffic law, and section thirty-one of
chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
fees, fines or penalties collected by the commissioner of transportation
pursuant to section fifty-two, SECTION THREE HUNDRED TWENTY-SIX, and
subdivisions five, eight and twelve of section eighty-eight of the high-
way law, subdivision fifteen of section three hundred eighty-five of the
vehicle and traffic law, section two of the chapter of the laws of two
thousand three that amended this paragraph, subdivision (d) of section
three hundred four-a, paragraph one of subdivision (a) and subdivision
(d) of section three hundred five, subdivision six-a of section four
hundred fifteen and subdivision (g) of section twenty-one hundred twen-
ty-five of the vehicle and traffic law, section fifteen of this chapter,
excepting moneys deposited with the state on account of betterments
S. 6258--D 8 A. 9058--D
performed pursuant to subdivision twenty-seven or subdivision thirty-
five of section ten of the highway law, (iii) any moneys collected by
the department of transportation for services provided pursuant to
agreements entered into in accordance with section ninety-nine-r of the
general municipal law, and (iv) any other moneys collected therefor or
credited or transferred thereto from any other fund, account or source.
S 3. Paragraph (a) of subdivision 3 of section 89-b of the state
finance law, as amended by section 3 of chapter 165 of the laws of 2008,
is amended to read as follows:
(a) The special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions of sections two hundred
eighty-nine-e, three hundred one-j, five hundred fifteen and eleven
hundred sixty-seven of the tax law, section four hundred one of the
vehicle and traffic law, and section thirty-one of chapter fifty-six of
the laws of nineteen hundred ninety-three, (ii) all fees, fines or
penalties collected by the commissioner of transportation pursuant to
section fifty-two, SECTION THREE HUNDRED TWENTY-SIX, and subdivisions
five, eight and twelve of section eighty-eight of the highway law,
subdivision fifteen of section three hundred eighty-five of the vehicle
and traffic law, section fifteen of this chapter, excepting moneys
deposited with the state on account of betterments performed pursuant to
subdivision twenty-seven or subdivision thirty-five of section ten of
the highway law, (iii) any moneys collected by the department of trans-
portation for services provided pursuant to agreements entered into in
accordance with section ninety-nine-r of the general municipal law, and
(iv) any other moneys collected therefor or credited or transferred
thereto from any other fund, account or source.
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, 2012; and
provided, however, that the amendments to paragraph (a) of subdivision 3
of section 89-b of the state finance law made by section two of this act
shall be subject to the expiration and reversion of such paragraph
pursuant to section 13 of part U-1 of chapter 62 of the laws of 2003, as
amended, when upon such date the provisions of section three of this act
shall take effect.
PART C
Section 1. Subdivision 3 of section 140 of the transportation law, as
added by chapter 635 of the laws of 1983, is amended to read as follows:
3. No motor vehicle [carrying] DESIGNED TO CARRY passengers, as
described in subdivision two of this section, shall be operated within
the state unless it carries prominently displayed thereon the name of
the operator and certificate evidencing an inspection in accordance with
the rules and regulations of the commissioner within a period of six
months last preceding. The commissioner may, by order, rule or regu-
lation, exempt from the requirements of this subdivision, vehicles which
are not operated exclusively in transportation services for which
inspection is required, provided that written evidence of the names
otherwise subject to prominent display and such a certificate of
inspection are at all times carried within such vehicles to be made
available for examination upon proper demand, while the vehicles are
operated in such service. IN ADDITION, THE COMMISSIONER MAY, BY ORDER,
RULE OR REGULATION, ESTABLISH A RISK-BASED INSPECTION PROGRAM WHEREBY
OPERATORS WHOSE INSPECTION PERFORMANCE FAILS TO MEET PERFORMANCE STAND-
S. 6258--D 9 A. 9058--D
ARDS ESTABLISHED BY THE COMMISSIONER SHALL BE SUBJECT TO COMPREHENSIVE
SAFETY REVIEWS AND/OR ADDITIONAL INSPECTIONS.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.
PART D
Section 1. Subdivision 1 of section 502 of the vehicle and traffic
law, as amended by section 2 of part CC of chapter 58 of the laws of
2011, is amended to read as follows:
1. Application for license. Application for a driver's license shall
be made to the commissioner. The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking of a photo image or images of the applicant in accordance with
rules and regulations prescribed by the commissioner. In addition, the
commissioner also shall require that the applicant provide his or her
social security number and provide space on the application so that the
applicant may register in the New York state organ and tissue donor
registry under section forty-three hundred ten of the public health law.
In addition, an applicant for a commercial driver's license who will
operate a commercial motor vehicle in interstate commerce shall certify
that such applicant meets the requirements to operate a commercial motor
vehicle, as set forth in public law 99-570, title XII, and title 49 of
the code of federal regulations, and all regulations promulgated by the
United States secretary of transportation under the hazardous materials
transportation act. In addition, an applicant for a commercial driver's
license shall submit a medical certificate at such intervals as required
by the federal motor carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of federal regulations relating to
medical certification and in a manner prescribed by the commissioner.
For purposes of this section and sections five hundred three [and], five
hundred ten-a, AND FIVE HUNDRED TEN-AA of this title, the [term] TERMS
"medical certificate" AND "MEDICAL CERTIFICATION" shall mean a form
substantially in compliance with the form set forth in Part 391.43(h) of
title 49 of the code of federal regulations. Upon a determination that
the holder of a commercial driver's license has made any false state-
ment, with respect to the application for such license, the commissioner
shall revoke such license.
S 2. Paragraph (b) of subdivision 1 of section 503 of the vehicle and
traffic law, as amended by section 3 of part CC of chapter 58 of the
laws of 2011, is amended to read as follows:
(b) An application for a license shall be valid for a period of time
specified by regulation of the commissioner not to exceed five years. A
learner's permit shall be valid from its issuance until the expiration
of the application for a driver's license for which it was issued.
Provided, however, that [if the medical certificate submitted in accord-
ance with the requirements of the federal motor carrier safety improve-
ment act of 1999 and Part 383.71(h) of title 49 of the code of federal
regulations by an applicant for a commercial driver's license expires,
any] A learner's permit [that may have been] issued by the commissioner
in connection with [the] AN application FOR A COMMERCIAL DRIVER'S
LICENSE shall be [suspended] CANCELLED WITHIN SIXTY DAYS OF THE HOLDER'S
MEDICAL CERTIFICATION STATUS BECOMING "NOT-CERTIFIED" BASED UPON: (I)
THE EXPIRATION OF THE HOLDER'S MEDICAL CERTIFICATION OR MEDICAL VARIANCE
S. 6258--D 10 A. 9058--D
DOCUMENTATION REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT
ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGU-
LATIONS; (II) THE HOLDER'S FAILURE TO SUBMIT SUCH MEDICAL CERTIFICATION
OR MEDICAL VARIANCE DOCUMENTATION AT SUCH INTERVALS AS REQUIRED BY THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H)
OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS AND IN A MANNER
PRESCRIBED BY THE COMMISSIONER; OR (III) THE RECEIPT BY THE COMMISSIONER
OF INFORMATION FROM THE ISSUING MEDICAL EXAMINER OR THE FEDERAL MOTOR
CARRIER SAFETY ADMINISTRATION THAT A MEDICAL CERTIFICATION OR MEDICAL
VARIANCE WAS ISSUED IN ERROR OR RESCINDED. THE COMMISSIONER SHALL, UPON
A HOLDER'S STATUS BECOMING "NOT-CERTIFIED", NOTIFY THE HOLDER OF SUCH
LEARNER'S PERMIT ISSUED IN CONNECTION WITH A COMMERCIAL DRIVER'S LICENSE
APPLICATION BY FIRST CLASS MAIL TO THE ADDRESS OF SUCH PERSON ON FILE
WITH THE DEPARTMENT OR AT THE CURRENT ADDRESS PROVIDED BY THE UNITED
STATES POSTAL SERVICE OF HIS OR HER "NOT-CERTIFIED" MEDICAL CERTIF-
ICATION STATUS AND THAT THE COMMERCIAL MOTOR VEHICLE PRIVILEGES OF SUCH
LEARNER'S PERMIT WILL BE CANCELLED UNLESS HE OR SHE SUBMITS A CURRENT
MEDICAL CERTIFICATE AND/OR MEDICAL VARIANCE IN ACCORDANCE WITH PART
383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS OR CHANGES HIS
OR HER SELF-CERTIFICATION TO DRIVING ONLY IN EXCEPTED OR INTRASTATE
COMMERCE IN ACCORDANCE WITH PART 383.71(B)(II)(B), (C) OR (D) OF TITLE
49 OF THE CODE OF FEDERAL REGULATIONS.
S 3. Paragraph (f) of subdivision 3 of section 510-a of the vehicle
and traffic law is REPEALED.
S 4. The vehicle and traffic law is amended by adding a new section
510-aa to read as follows:
S 510-AA. DOWNGRADE OF COMMERCIAL DRIVER'S LICENSES. A COMMERCIAL
DRIVER'S LICENSE SHALL BE DOWNGRADED TO A NON-COMMERCIAL DRIVER'S
LICENSE BY THE COMMISSIONER WITHIN SIXTY DAYS OF THE HOLDER'S MEDICAL
CERTIFICATION STATUS BECOMING "NOT-CERTIFIED" BASED UPON THE EXPIRATION
OF THE HOLDER'S MEDICAL CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION
REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, OR UPON
THE HOLDER'S FAILURE TO SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL
VARIANCE DOCUMENTATION AT SUCH INTERVALS AS REQUIRED BY THE FEDERAL
MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE
49 OF THE CODE OF FEDERAL REGULATIONS AND IN A MANNER PRESCRIBED BY THE
COMMISSIONER. A COMMERCIAL DRIVER'S LICENSE SHALL ALSO BE DOWNGRADED TO
A NON-COMMERCIAL DRIVER'S LICENSE BY THE COMMISSIONER WITHIN SIXTY DAYS
OF THE HOLDER'S MEDICAL CERTIFICATION STATUS BECOMING "NOT-CERTIFIED"
BASED UPON RECEIPT OF INFORMATION FROM THE ISSUING MEDICAL EXAMINER OR
THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION THAT A MEDICAL CERTIF-
ICATION OR MEDICAL VARIANCE WAS ISSUED IN ERROR OR RESCINDED. SUCH DOWN-
GRADE SHALL BE TERMINATED, AND THE COMMERCIAL DRIVER'S LICENSE RESTORED,
UPON: (1) THE HOLDER'S SUBMISSION OF THE REQUIRED VALID MEDICAL EXAMIN-
ER'S CERTIFICATE OR MEDICAL VARIANCE DOCUMENTATION; OR (2) THE HOLDER'S
SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR VEHICLE OPER-
ATION HE OR SHE ENGAGES, OR EXPECTS TO ENGAGE IN, AND THAT THE HOLDER IS
THEREFORE NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H)
OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS. THE COMMISSIONER SHALL,
UPON A HOLDER'S STATUS BECOMING "NOT-CERTIFIED", NOTIFY THE HOLDER OF
SUCH COMMERCIAL DRIVER'S LICENSE BY FIRST CLASS MAIL TO THE ADDRESS OF
SUCH PERSON ON FILE WITH THE DEPARTMENT OR AT THE CURRENT ADDRESS
PROVIDED BY THE UNITED STATES POSTAL SERVICE OF HIS OR HER "NOT-CERTI-
FIED" MEDICAL CERTIFICATION STATUS AND THAT HIS OR HER COMMERCIAL DRIV-
S. 6258--D 11 A. 9058--D
ER'S LICENSE WILL BE DOWNGRADED TO A NON-COMMERCIAL DRIVER'S LICENSE
UNLESS HE OR SHE SUBMITS A CURRENT MEDICAL CERTIFICATE AND/OR MEDICAL
VARIANCE IN ACCORDANCE WITH PART 383.71(H) OF TITLE 49 OF THE CODE OF
FEDERAL REGULATIONS OR CHANGES HIS OR HER SELF-CERTIFICATION TO DRIVING
ONLY IN EXCEPTED OR INTRASTATE COMMERCE IN ACCORDANCE WITH PART
383.71(B)(II)(B), (C) OR (D) OF TITLE 49 OF THE CODE OF FEDERAL REGU-
LATIONS.
S 5. Section 509 of the vehicle and traffic law is amended by adding a
new subdivision 7-a to read as follows:
7-A. NO PERSON SHALL OPERATE A COMMERCIAL MOTOR VEHICLE WHILE KNOWING
OR HAVING REASON TO KNOW THAT HE OR SHE IS NOT MEDICALLY CERTIFIED, AS
REQUIRED, IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER SAFETY IMPROVE-
MENT ACT OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL
REGULATIONS.
S 6. This act shall take effect immediately; provided, however, that
section five of this act shall take effect on the sixtieth day after it
shall have become a law.
PART E
Section 1. Subdivision 12 of section 1269 of the public authorities
law, as amended by section 1 of part NN of chapter 59 of the laws of
2010, is amended to read as follows:
12. The aggregate principal amount of bonds, notes or other obli-
gations issued after the first day of January, nineteen hundred ninety-
three by the authority, the Triborough bridge and tunnel authority and
the New York city transit authority to fund projects contained in capi-
tal program plans approved pursuant to section twelve hundred sixty-
nine-b of this [article] TITLE for the period nineteen hundred ninety-
two through two thousand fourteen shall not exceed [thirty-four]
THIRTY-SEVEN billion [eight hundred seventy-seven] TWO HUNDRED ELEVEN
million dollars PRIOR TO JANUARY ONE, TWO THOUSAND THIRTEEN; SHALL NOT
EXCEED THIRTY-NINE BILLION FIVE HUNDRED FORTY-FOUR MILLION PRIOR TO
JANUARY ONE, TWO THOUSAND FOURTEEN; AND SHALL NOT EXCEED FORTY-ONE
BILLION EIGHT HUNDRED SEVENTY-SEVEN MILLION DOLLARS THEREAFTER. Such
aggregate principal amount of bonds, notes or other obligations or the
expenditure thereof shall not be subject to any limitation contained in
any other provision of law on the principal amount of bonds, notes or
other obligations or the expenditure thereof applicable to the authori-
ty, the Triborough bridge and tunnel authority or the New York city
transit authority. The aggregate limitation established by this subdivi-
sion shall not include (i) obligations issued to refund, redeem or
otherwise repay, including by purchase or tender, obligations thereto-
fore issued either by the issuer of such refunding obligations or by the
authority, the New York city transit authority or the Triborough bridge
and tunnel authority, (ii) obligations issued to fund any debt service
or other reserve funds for such obligations, (iii) obligations issued or
incurred to fund the costs of issuance, the payment of amounts required
under bond and note facilities, federal or other governmental loans,
security or credit arrangements or other agreements related thereto and
the payment of other financing and related costs associated with such
obligations, (iv) an amount equal to any original issue discount from
the principal amount of such obligations or to fund capitalized inter-
est, (v) obligations incurred pursuant to section twelve hundred seven-m
of this article, (vi) obligations incurred to fund the acquisition of
certain buses for the New York city transit authority as identified in a
S. 6258--D 12 A. 9058--D
capital program plan approved pursuant to chapter fifty-three of the
laws of nineteen hundred ninety-two, (vii) obligations incurred in
connection with the leasing, selling or transferring of equipment, and
(viii) bond anticipation notes or other obligations payable solely from
the proceeds of other bonds, notes or other obligations which would be
included in the aggregate principal amount specified in the first
sentence of this subdivision, whether or not additionally secured by
revenues of the authority, or any of its subsidiary corporations, New
York city transit authority, or any of its subsidiary corporations, or
Triborough bridge and tunnel authority.
S 2. This act shall take effect immediately.
PART F
Section 1. Section 205 of the vehicle and traffic law is amended by
adding a new subdivision 3-a to read as follows:
3-A. IN ADDITION TO THE FEES RETAINED PURSUANT TO SUBDIVISION THREE OF
THIS SECTION, EACH COUNTY CLERK ACTING AS THE AGENT OF THE COMMISSIONER
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL RETAIN FOUR PERCENT OF
"ENHANCED INTERNET AND ELECTRONIC PARTNER REVENUE" COLLECTED BY THE
COMMISSIONER. FOR THE PURPOSES OF THIS SUBDIVISION, "ENHANCED INTERNET
AND ELECTRONIC PARTNER REVENUE" SHALL MEAN THE AMOUNT OF GROSS RECEIPTS
ATTRIBUTABLE TO ALL TRANSACTIONS CONDUCTED ON THE INTERNET BY RESIDENTS
OF SUCH COUNTY AND BY DESIGNATED PARTNERS OF THE DEPARTMENT ON BEHALF OF
SUCH RESIDENTS FOR THE CURRENT CALENDAR YEAR THAT EXCEEDS THE AMOUNT OF
SUCH REVENUE COLLECTED BY THE COMMISSIONER DURING CALENDAR YEAR TWO
THOUSAND ELEVEN. THE COMMISSIONER SHALL CERTIFY THE AMOUNTS TO BE
RETAINED BY EACH COUNTY CLERK PURSUANT TO THIS SUBDIVISION. PROVIDED,
HOWEVER, THAT IF THE AGGREGATE AMOUNT OF FEES RETAINED BY COUNTY CLERKS
PURSUANT TO THIS SUBDIVISION IN CALENDAR YEARS TWO THOUSAND TWELVE AND
TWO THOUSAND THIRTEEN COMBINED EXCEEDS EIGHTY-EIGHT MILLION FIVE HUNDRED
THOUSAND DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER
SHALL BE REDUCED TO A PERCENTAGE THAT, IF APPLIED TO THE FEES COLLECTED
DURING CALENDAR YEARS TWO THOUSAND TWELVE AND TWO THOUSAND THIRTEEN
COMBINED, WOULD HAVE RESULTED IN AN AGGREGATE RETENTION OF EIGHTY-EIGHT
MILLION FIVE HUNDRED THOUSAND DOLLARS OR 2.5 PERCENT OF ENHANCED INTER-
NET AND ELECTRONIC PARTNER REVENUE, WHICHEVER IS HIGHER. IF THE AGGRE-
GATE AMOUNT OF FEES RETAINED BY COUNTY CLERKS PURSUANT TO THIS SUBDIVI-
SION IN CALENDAR YEARS TWO THOUSAND TWELVE AND TWO THOUSAND THIRTEEN
COMBINED IS LESS THAN EIGHTY-EIGHT MILLION FIVE HUNDRED THOUSAND
DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER SHALL BE
INCREASED TO A PERCENTAGE THAT, IF APPLIED TO THE FEES COLLECTED DURING
CALENDAR YEARS TWO THOUSAND TWELVE AND TWO THOUSAND THIRTEEN COMBINED,
WOULD HAVE RESULTED IN AN AGGREGATE RETENTION OF EIGHTY-EIGHT MILLION
FIVE HUNDRED THOUSAND DOLLARS, OR SIX PERCENT OF ENHANCED INTERNET AND
ELECTRONIC PARTNER REVENUE, WHICHEVER IS LESS. ON AND AFTER APRIL FIRST,
TWO THOUSAND SIXTEEN, THE PERCENT OF ENHANCED INTERNET AND ELECTRONIC
PARTNER REVENUE TO BE RETAINED BY COUNTY CLERKS SHALL BE THE AVERAGE OF
THE ANNUAL PERCENTAGES THAT WERE IN EFFECT BETWEEN APRIL FIRST, TWO
THOUSAND TWELVE AND MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
S 2. This act shall take effect April 1, 2012.
PART G
Section 1. Section 2 of the transportation law is amended by adding
three new subdivisions 4-a, 23-a and 23-b to read as follows:
S. 6258--D 13 A. 9058--D
4-A. "COMMERCIAL MOTOR VEHICLE" MEANS ANY SELF-PROPELLED OR TOWED
MOTOR VEHICLE USED ON A HIGHWAY IN INTRASTATE, INTERSTATE OR INTERNA-
TIONAL COMMERCE TO TRANSPORT PASSENGERS OR PROPERTY WHEN THE VEHICLE (A)
HAS A GROSS VEHICLE WEIGHT RATING OR GROSS COMBINATION WEIGHT OF TEN
THOUSAND ONE POUNDS OR MORE, WHICHEVER IS GREATER; OR (B) IS DESIGNED OR
USED TO TRANSPORT MORE THAN EIGHT PASSENGERS INCLUDING THE DRIVER FOR
COMPENSATION; OR (C) IS DESIGNED OR USED TO TRANSPORT MORE THAN FIFTEEN
PASSENGERS INCLUDING THE DRIVER AND IS NOT USED TO TRANSPORT PASSENGERS
FOR COMPENSATION; OR (D) IS USED IN TRANSPORTING MATERIAL FOUND BY THE
UNITED STATES SECRETARY OF TRANSPORTATION TO BE HAZARDOUS UNDER SECTION
5103 OF TITLE 49 OF THE UNITED STATES CODE AND TRANSPORTED IN A QUANTITY
REQUIRING PLACARDING UNDER REGULATIONS PRESCRIBED BY SUCH SECRETARY
UNDER SUBTITLE B, CHAPTER I, SUBCHAPTER C OF TITLE 49 OF THE CODE OF
FEDERAL REGULATIONS.
23-A. "PRIVATE CARRIER OF PASSENGER BY MOTOR VEHICLE" MEANS ANY PERSON
THAT TRANSPORTS PASSENGERS BY COMMERCIAL MOTOR VEHICLE WHICH IS PROVIDED
IN THE FURTHERANCE OF A COMMERCIAL ENTERPRISE AND WHICH IS NOT FOR
COMPENSATION AND IS NOT AVAILABLE TO THE PUBLIC AT LARGE, IN INTRASTATE,
INTERSTATE OR INTERNATIONAL COMMERCE.
23-B. "PRIVATE MOTOR CARRIER" MEANS ANY PERSON WHO PROVIDES TRANSPOR-
TATION OF PROPERTY OR PASSENGERS BY COMMERCIAL MOTOR VEHICLE FOR A BUSI-
NESS PURPOSE AND IS NOT A COMMON OR CONTRACT CARRIER OF PASSENGERS OR
PROPERTY BY MOTOR VEHICLE.
S 2. Section 140 of the transportation law is amended by adding a new
subdivision 10 to read as follows:
10. FOR PURPOSES OF THIS SECTION, THE TERMS "EMPLOYEE" AND "EMPLOYER"
SHALL HAVE THE SAME MEANINGS AS SUCH TERMS ARE DEFINED BY SECTION 390.5
OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AS SUCH REGULATIONS ARE
AMENDED FROM TIME TO TIME.
S 3. Subdivision 1 of section 140 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
1. Every common [and], contract AND PRIVATE carrier of passenger by
motor vehicle INVOLVED IN INTERSTATE, INTRASTATE, OR INTERNATIONAL
COMMERCE DOMICILED IN NEW YORK shall furnish and provide with respect
thereto such service and facilities as shall be safe and adequate. Any
such carrier shall give immediate notice to the commissioner of every
accident to which it shall, in the course of its operations, have been a
party.
S 4. Subparagraph (ii) of paragraph a of subdivision 2 of section 140
of the transportation law, as amended by chapter 602 of the laws of
1985, is amended to read as follows:
(ii) All MOTOR CARRIERS, PRIVATE MOTOR CARRIERS, EMPLOYEES AND COMMER-
CIAL motor vehicles [operated pursuant to or requiring a certificate or
permit for the transportation of passengers or property from the inter-
state commerce commission or the commissioner] THAT TRANSPORT PROPERTY
OR PASSENGERS IN INTRASTATE, INTERSTATE, OR INTERNATIONAL COMMERCE.
S 5. Paragraphs b and c of subdivision 2 of section 140 of the trans-
portation law, paragraph b as amended by chapter 173 of the laws of 1990
and paragraph c as amended by chapter 602 of the laws of 1985, are
amended to read as follows:
b. [In addition to those vehicles operated pursuant to or requiring a
certificate or a permit for the transportation of property from the
interstate commerce commission or the commissioner as set forth in
subparagraph (ii) of paragraph a of this subdivision, the commissioner
shall have the power to adopt rules and regulations governing the safety
S. 6258--D 14 A. 9058--D
of operation of other motor vehicles operated for the commercial trans-
portation of property.
c.] The department shall have the power to examine vehicles, facili-
ties and records subject to the provisions of this subdivision, at any
time and place where they are found, to ascertain whether such rules and
regulations are being obeyed. The rules and regulations of the commis-
sioner shall provide for the inspection of all such vehicles, FACILITIES
AND RECORDS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, at such peri-
ods and at such manner as the commissioner may direct, and, when
adopted, shall have the full force and effect of law.
S 6. Paragraph d of subdivision 2 of section 140 of the transportation
law is relettered paragraph c and subparagraph (i) of such paragraph, as
added by chapter 173 of the laws of 1990, is amended to read as follows:
(i) No MOTOR CARRIER, PRIVATE MOTOR CARRIER, EMPLOYEE OR COMMERCIAL
motor vehicle [operated pursuant to or requiring a certificate or a
permit for the transportation of property from the interstate commerce
commission or the commissioner and no motor vehicle operated for the
commercial transportation of property] THAT TRANSPORTS PROPERTY OR
PASSENGERS IN INTRASTATE, INTERSTATE, OR INTERNATIONAL COMMERCE shall
[be operated] OPERATE in this state unless [it] SUCH MOTOR CARRIER,
PRIVATE MOTOR CARRIER, EMPLOYEE OR COMMERCIAL MOTOR VEHICLE is in
compliance with the department's safety rules and regulations.
S 7. Subdivisions 4 and 5 of section 140 of the transportation law,
subdivision 4 as added by chapter 635 of the laws of 1983 and subdivi-
sion 5 as amended by chapter 731 of the laws of 1988, are amended to
read as follows:
4. Each motor vehicle engaged in the interstate OR INTERNATIONAL
transportation of passengers operated within the state shall be subject
to subdivision three of this section as to the display of the name of
the operator thereof, and of such certificate of inspection as to the
safety of its appliances, equipment and mechanical operation, as the
commissioner may, by rules and regulations require. In respect to such
motor vehicle, the commissioner may, in lieu of a certificate of the
commissioner, authorize the display of a certificate of inspection
issued within a period of [six] TWELVE months last preceding, by a regu-
latory body of another state, or a province of Canada, having safety
standards determined by the commissioner not to be substantially lower
than those prescribed by the commissioner. The rules and regulations to
be adopted under this subdivision shall insofar as practicable be
uniform and the provisions of the vehicle and traffic law so far as
applicable and not in conflict with the provisions of this subdivision,
shall continue to apply to all such motor vehicles.
5. No motor vehicle with a seating capacity of more than eleven
passengers manufactured after December thirty-first, nineteen hundred
seventy-five, used in the business of transporting school children for
hire or used for the transportation of school children, owned and/or
operated by school districts or by any public or private school shall be
operated within the state, unless each seat, other than the driver's
seat, on such vehicle is equipped with a padded back at least twenty-
eight inches in height of a type and specification approved by the
commissioner. Any person who operates a motor vehicle in violation of
the requirement for such seat backs shall be guilty of a violation,
punishable by a fine not exceeding one hundred dollars. The provisions
of this subdivision shall not apply to any bus used for the transporta-
tion of pupils, teachers and other persons acting in a supervisory
capacity to and from school activities and which bus does not receive or
S. 6258--D 15 A. 9058--D
discharge passengers on or along the public highways on regularly sched-
uled routes and which is being operated pursuant to [a permit or certif-
icate of public convenience and necessity] FOR-HIRE OPERATING AUTHORITY
issued by the commissioner or by the [interstate commerce commission]
UNITED STATES DEPARTMENT OF TRANSPORTATION. School buses manufactured or
assembled prior to April first, nineteen hundred seventy-seven may not
be used to transport pupils, teachers and other persons acting in a
supervisory capacity to and from school activities.
S 8. The closing paragraph of section 151 of the transportation law,
as added by chapter 635 of the laws of 1983, is amended to read as
follows:
For the purposes of this article, the term "sedan" or "sedans" as used
herein shall include private passenger automobiles [larger than a
conventional sedan and commonly known as a limousine], but shall not
include [vans or buses] COMMERCIAL MOTOR VEHICLES WITH A SEATING CAPACI-
TY OF ELEVEN PERSONS OR MORE INCLUDING THE DRIVER.
S 9. Section 210 of the transportation law, as amended by chapter 488
of the laws of 1979, is amended to read as follows:
S 210. Application of this article. The term "motor truck" as used in
this article shall be deemed to mean and include any COMMERCIAL motor
vehicle held and used for the transportation of goods, wares and
merchandise for hire or for a business purpose, [including such motor
vehicles commonly known as an auto truck or light delivery car] PURSUANT
TO THE RULES AND REGULATIONS OF THE COMMISSIONER. The term "motor bus"
as used in this article shall be deemed to mean and include any COMMER-
CIAL motor vehicle held and used for the transportation of passengers
for hire OR FOR A BUSINESS PURPOSE, PURSUANT TO THE RULES AND REGU-
LATIONS OF THE COMMISSIONER.
S 10. Section 211 of the transportation law, as amended by chapter
475 of the laws of 1996, is amended to read as follows:
S 211. General provisions. No driver of a motor truck or motor bus
shall drive such vehicle or be on duty for any period of time in excess
of that authorized pursuant to regulation of the commissioner. The
commissioner is hereby authorized to promulgate rules and regulations
governing the hours of service of drivers of motor trucks and motor
buses. Such rules and regulations shall be no less protective of public
safety than the rules and regulations promulgated by the federal govern-
ment with respect to hours of labor of operation of motor trucks and
motor buses, provided, however, that with regard to drivers of motor
buses [operated exclusively in a town or county or] operated by a public
transportation authority operating exclusively within its jurisdictional
area, the rules and regulations of the commissioner shall provide that
no driver of such motor buses shall drive more than twelve hours follow-
ing eight consecutive hours off duty and no driver of such motor buses
shall drive for any period after having been on duty for fifteen hours
following eight consecutive hours off duty and every driver of such
motor buses shall have at least twenty-four consecutive hours off duty
in every period of seven consecutive days and in no event shall such a
driver be on duty for more than seventy-five hours in any period of
seven consecutive days.
S 11. Section 212 of the transportation law, as added by chapter 342
of the laws of 1974, subdivision a as amended by chapter 843 of the laws
of 1980, is amended to read as follows:
S 212. Records. [a.] Every driver of a motor truck or motor bus shall
keep and carry on the vehicle records showing the day and hour when and
the place where he went and was released from duty, whether in this
S. 6258--D 16 A. 9058--D
state or outside of this state. The commissioner shall prescribe the
form of such records and may require such other information to be shown
thereon as he shall deem advisable to insure the proper enforcement of
this article. Such records shall be exhibited to the commissioner, his
representatives, or to any peace officer, acting pursuant to his special
duties or police officer who shall demand to see the same and shall be
held available for further inspection for a period of sixty days within
the state of New York in an office designated by the owner. Failure to
produce such records upon demand shall be presumptive evidence of a
violation of this article relating to keeping such records. In any pros-
ecution for the violation of any of the provisions of this article such
records shall be prima facie evidence of the truth of the contents ther-
eof.
[b. The provisions of this article with reference to the carrying of
records on the vehicle shall not apply to the operation of a motor bus
or motor buses operated on fixed schedules, but this shall not relieve
any corporation, company, association, joint-stock association, partner-
ship or person engaged in the operation of a motor bus or motor buses on
fixed schedules from the necessity of keeping such records and having
them available in an office within the state of New York.]
S 12. Section 214 of the transportation law, as added by chapter 342
of the laws of 1974, subdivision b as amended by chapter 367 of the laws
of 1983 and subdivision d as amended by chapter 302 of the laws of 2005,
is amended to read as follows:
S 214. Exemptions. a. The [provisions of this article shall not apply
in case of accident or act of God, nor when there is delay which was
caused by the elements, or a cause not known to the driver or owner or
to his or its officers in charge of such operations at the time that
such driver left the place where he last went on duty prior to such
delays.
b. The requirement in this article that every driver of a motor truck
or motor bus shall keep and carry on the vehicle records showing the day
and hour when, and the place where he went or was released from duty,
shall not apply to any driver who drives wholly within a radius of one
hundred miles of the garage or terminal at which he reports for work,
provided, however, that such records shall be kept at his place of
employment.
c. The] COMMISSIONER SHALL ADOPT RULES AND REGULATIONS ESTABLISHING
WHEN THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY, WHICH RULES AND
REGULATIONS SHALL CONFORM, AS APPLICABLE, TO PARAGRAPHS (B) THROUGH (R)
OF SECTION 395.1 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS AS SUCH
REGULATIONS MAY BE AMENDED FROM TIME TO TIME.
B. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A OF THIS SECTION,
THE provisions of this article shall not apply to the [operation of a
motor truck or motor bus while being operated exclusively in a city
and/or incorporated village, nor to the] operation of a motor truck IN
INTRASTATE COMMERCE owned by a farmer and operated by himself or an
employee when used in the hauling of farm, dairy, or horticultural
products and farm supplies for himself or his farm neighbors to market,
creamery, or place of storage[, nor to the operation of wrecking and
towing cars], nor to the [operation of federal military vehicles, by
members of the army or air national guard, or by federally paid employ-
ees of the army or air national guard.
d. The provisions of this article shall not apply nor shall hours of
service accrue to incidental drivers engaged in the actual restoration
or preservation of electric, water, telephone, gas or steam service
S. 6258--D 17 A. 9058--D
during an emergency. For a corporation providing electric, water, tele-
phone, gas or steam service to avail itself of the exemption provided by
this subdivision such electric, water, telephone, gas or steam corpo-
ration shall have filed with the department a plan setting forth the
procedures such corporation shall follow in emergencies to assure that
no incidental driver shall drive if such driver has not had sufficient
rest necessary to maintain his or her ability to safely drive. The
exemption provided by this subdivision shall not apply to an incidental
driver unless such incidental driver is engaged in the actual restora-
tion or preservation of electric, water, telephone, gas or steam service
during an emergency or such incidental driver shall have had a period of
rest consisting of at least eight consecutive hours off duty immediately
upon the conclusion of such incidental driver's engagement in the actual
restoration or preservation of electric, water, telephone, gas or steam
service during the emergency. If an emergency extends for more than
twenty-four hours, the electric, water, telephone, gas or steam corpo-
ration availing itself of the terms of this subdivision shall notify the
department, in writing, that an emergency exists and the expected dura-
tion of the emergency. For the purposes of this subdivision, the follow-
ing terms shall have the following meanings:
(1) "Emergency" is hereby declared to be any unplanned power outage,
interruption of service or the imminent risk of such outage or inter-
ruption of service to electric, water, telephone, gas or steam service
or to transmission or distribution lines, pipes or other related facili-
ties or any circumstance under which the public safety is at risk;
(2) "Incidental driver" means an employee, contractor or contractor's
employee of an electric, water, telephone, gas or steam corporation
whose primary employment by, or contractual agreement with, such corpo-
ration is not as a driver of a motor vehicle but who drives only as an
incidental part of his or her employment or contractual agreement; and
(3) "Interruption of service" shall mean a loss of service for a peri-
od of time defined in regulation by the department of public service for
electric service (as set forth in paragraph (a) of section 97.1 of title
sixteen of the official compilation of codes, rules and regulations of
the state of New York) and shall, for purposes of this section, apply to
electric, water, telephone, natural gas and steam service] OPERATION OF
TOW TRUCKS IN INTRASTATE COMMERCE WHILE RESPONDING TO REQUESTS TO
PROVIDE ROADSIDE SERVICE OR TO REMOVE WRECKED, DISABLED, ABANDONED OR
ILLEGALLY PARKED MOTOR VEHICLES.
C. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY NOR SHALL HOURS OF
SERVICE ACCRUE TO A DRIVER OF A UTILITY SERVICE VEHICLE. FOR PURPOSES OF
THIS ARTICLE, UTILITY SERVICE VEHICLE MEANS ANY MOTOR TRUCK:
(1) USED IN THE FURTHERANCE OF REPAIRING, MAINTAINING, OR OPERATING
ANY STRUCTURES OR ANY OTHER PHYSICAL FACILITIES NECESSARY FOR THE DELIV-
ERY OF PUBLIC UTILITY SERVICES, INCLUDING THE FURNISHING OF ELECTRIC,
GAS OR STEAM SERVICE, WATER, SANITARY SEWER, TELEPHONE, AND TELEVISION
CABLE OR COMMUNITY ANTENNA SERVICE;
(2) WHILE ENGAGED IN ANY ACTIVITY NECESSARILY RELATED TO THE ULTIMATE
DELIVERY OF SUCH PUBLIC UTILITY SERVICES TO CONSUMERS, INCLUDING TRAVEL
OR MOVEMENT TO, FROM, UPON, OR BETWEEN ACTIVITY SITES (INCLUDING OCCA-
SIONAL TRAVEL OR MOVEMENT OUTSIDE THE SERVICE AREA NECESSITATED BY ANY
UTILITY EMERGENCY AS DETERMINED BY THE UTILITY PROVIDER); AND
(3) EXCEPT FOR ANY OCCASIONAL EMERGENCY USE, OPERATED PRIMARILY WITHIN
THE SERVICE AREA OF A UTILITY'S SUBSCRIBERS OR CONSUMERS, WITHOUT REGARD
TO WHETHER THE VEHICLE IS OWNED, LEASED, OR RENTED BY THE UTILITY.
S. 6258--D 18 A. 9058--D
S 13. Paragraph (a) of subdivision 1 of section 14-f of the transpor-
tation law, as added by chapter 963 of the laws of 1981, subparagraphs 7
and 8 as amended and subparagraphs 9, 10 and 11 as added by chapter 186
of the laws of 1987, subparagraph 9 as amended by chapter 180 and
subparagraph 12 as amended by chapter 190 of the laws of 1989 and the
second undesignated paragraph as amended by chapter 402 of the laws of
1993, is amended to read as follows:
(a) Have the power to make rules and regulations governing transporta-
tion of hazardous materials, which shall mean a substance or material in
a quantity and form which may pose an unreasonable risk to health and
safety or property when transported in commerce, by all modes AS DEFINED
BY THE RULES AND REGULATIONS OF THE DEPARTMENT. [For purposes of this
section, the term "hazardous materials" shall include the following:
(1) "Irritating material" which shall mean a liquid or solid substance
which upon contact with fire or when exposed to air gives off dangerous
or intensely irritating fumes such as benzylcyande, chloracetophenone,
diphenylaminechlorarsine, and diphenyl chlorarsine, but not including
any poisonous material, Class A;
(2) "Poison A" which shall mean those poisonous gases or liquids of
such nature that a small amount of the gas, liquid or vapor of the
liquid, when in contact with air is dangerous to life. This class
includes the following: bromacetone, cyanogen, cyanogen chloride
containing less than 0.9 percent water, diphosgene, ethyldichlorarsine,
hydrocyanic acid, methyldichlorarsine, nitrogen peroxide (tetroxide),
phosgene (diphosgene), nitrogen tetroxide - nitric oxide mixtures
containing up to 33.2 percent weight nitric oxide;
(3) "Poison B" which shall mean those substances, liquid or solid
(including pastes and semi-solids), other than Class A poisons or irri-
tating materials, which are known to be so toxic as to be a hazard to
health;
(4) "Corrosive materials" which shall mean those acids, alkaline caus-
tic liquids and other corrosive liquids or solids which when in contact
with living tissue, will cause severe damage of such tissue by chemical
action; or in the case of leakage, will materially damage or destroy
other freight by chemical action; or are liable to cause fire when in
contact with organic matter or with certain chemicals that cause visible
destruction or irreversible alteration in human skin tissue at the site
of contact;
(5) "Oxidizing materials" which shall mean those substances such as a
chlorate, permanganate, peroxide, or a nitrate, that yields oxygen read-
ily to stimulate the combustion of organic matter;
(6) "Flammable solids" which shall mean any solid material, other than
one designated an explosive, as further defined in this section, which
under conditions incident to transportation, cause fires through fric-
tion, through absorption of moisture, through spontaneous chemical
changes, or as a result of retained heat from the manufacturing or proc-
essing. Included in this class are spontaneously combustible and
water-reactive materials;
(7) "Flammable liquids" which shall mean any liquid, except any liquid
meeting the definition of subparagraph nine, ten or eleven of this para-
graph, which gives off flammable vapors below a temperature of one
hundred degrees Fahrenheit;
(8) "Radioactive materials" which shall mean irradiated nuclear reac-
tor fuel and the waste by-products of reprocessed irradiated nuclear
reactor fuel and any other material or combination of materials that
spontaneously emits ionizing radiation which the commissioner of trans-
S. 6258--D 19 A. 9058--D
portation determines by regulation to present significant potential
threat to public health and safety;
(9) "Liquefied compressed gas" which shall mean a gas liquefied
through compression and under charged pressure is partially liquid at a
temperature of seventy degrees Fahrenheit;
(9) "Regulated medical waste" which shall be defined as provided in
subdivision one of section 27-1501 of the environmental conservation
law.
(10) "Cryogenic liquid" which shall mean a refrigerated liquefied gas
having a boiling point colder than minus one hundred thirty degrees
Fahrenheit (minus ninety degrees centigrade) at one atmosphere absolute;
(11) "Flammable compressed gas" which shall mean any material or
mixture having in the container an absolute pressure exceeding forty
p.s.i. at seventy degrees Fahrenheit, or, regardless of the pressure at
seventy degrees Fahrenheit, having an absolute pressure exceeding one
hundred four p.s.i. at one hundred thirty degrees Fahrenheit, or any
liquid flammable material having a vapor pressure exceeding forty p.s.i.
absolute at one hundred degrees Fahrenheit as determined by ASTM test
D-323, if any one of the following occurs:
(i) either a mixture of thirteen percent or less, (by volume) with air
forms a flammable mixture or the flammable range with air is wider than
twelve percent regardless of the lower limit. These limits shall be
determined at atmospheric temperature and pressure;
(ii) using the bureau of explosives, association of American railroads
flame projection apparatus, the flame projects more than eighteen inches
beyond the ignition source with valve open fully, or, the flame flashes
back and burns at the valve with any degree of valve opening;
(iii) using the bureau of explosives, association of American rail-
roads open drum apparatus, there is any significant propagation of flame
away from the ignition source;
(iv) using the bureau of explosives, association of American railroads
close drum apparatus, there is any explosion of the vapor-air mixture in
the drum; and
(12) Other identical or similar substances which shall from time to
time be identified by the commissioner of transportation by rules and
regulations promulgated pursuant to this section as being hazardous
materials, provided, however, that this section shall not apply to the
regular military or naval forces of the United States; nor to the duly
authorized militia of any state or territory thereof; nor to the police
or fire departments of this state, or of its counties, cities, towns,
villages, agencies or instrumentalities, providing the same are acting
within their official capacity and in the performance of their duties.]
Such rules and regulations shall be no less protective of public safe-
ty than the rules and regulations promulgated by the federal government
with respect to the transportation of hazardous materials. The regu-
lations shall set forth the criteria for identifying and listing, and a
list of hazardous materials subject to this section as may be amended by
the commissioner of transportation from time to time in a manner
consistent with the state administrative procedure act and consistent
with [this section] THOSE SUBSTANCES AND MATERIALS DESIGNATED BY THE
UNITED STATES SECRETARY OF TRANSPORTATION AS HAZARDOUS UNDER SECTION
5103 OF TITLE 49 OF THE UNITED STATES CODE AS AMENDED FROM TIME TO TIME,
INCLUDING THOSE DESIGNATED AS HAZARDOUS IN THE HAZARDOUS MATERIALS TABLE
SET FORTH IN SECTION 172.101 AND MATERIALS THAT MEET THE DEFINING CRITE-
RIA FOR HAZARD CLASSES AND DIVISIONS IN PART 173 OF SUBCHAPTER C OF
TITLE 49 OF THE CODE OF FEDERAL REGULATIONS AS AMENDED FROM TIME TO
S. 6258--D 20 A. 9058--D
TIME. Such regulations shall include specifications for marking and
placarding of vehicles transporting hazardous materials as will be
applied pursuant to paragraph (a) of subdivision three of this section.
The regulations promulgated hereunder shall include notice that a
violation of the rules and regulations is subject to a fine or a period
of imprisonment, and the rules and regulations shall set forth the
penalty provisions contained in subdivision four of this section.
Provided, however, that all local laws or ordinances, except those of
cities having a population of one million or more, regulating the trans-
portation of flammable liquids in trucks, trailers or semi-trailers, are
hereby superseded and without force and hereafter no such local law or
ordinance shall be adopted to regulate or control the equipment or means
of transporting flammable liquids in trucks, trailers or semi-trailers.
For the purposes of this section, a "vehicle" shall mean every device
in which property may be transported upon a highway, stationary rails or
tracks, or on the navigable waterways of the state.
S 14. Subdivision 3 of section 14-g of the transportation law, as
amended by chapter 921 of the laws of 1983, is amended to read as
follows:
3. For the purposes of this section, the term "intercity bus passenger
service" shall mean transportation provided to the public on a regular
and continuing basis by a person, firm, or corporation authorized to
transport passengers in interstate commerce by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or in intrastate
commerce by the state department of transportation that is primarily
intended to satisfy longer distance travel demand between cities, and
villages and unincorporated urban places that have a population of two
thousand five hundred or more. Such term does not include services that
are primarily local or commuter oriented in nature.
S 15. Subdivisions 1-a, 1-b and 2 of section 18 of the transportation
law, as amended by chapter 199 of the laws of 1987, are amended to read
as follows:
1-a. The department of transportation is hereby designated the offi-
cial state agency to receive all notifications from the [federal inter-
state commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or
any other federal or state agency in regard to discontinuance of service
or railroad property abandonment proceedings, including notification of
applications from railroad companies for any such purposes.
1-b. The department of transportation shall promptly inform in writing
all interested state agencies, transportation authorities, and every
county, city, town and village in which such property is located and the
appropriate entity designated by the governor pursuant to title IV of
the federal intergovernmental cooperation act of nineteen hundred
sixty-eight and the federal office of management and budget circular
A-98 of (a) the issuance of any certificate from the [federal interstate
commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or other
federal or state agency authorizing discontinuance of railroad service
or abandonment of railroad transportation property, (b) approval of
discontinuance of service or a determination of abandonment of railroad
transportation property pursuant to this section, and (c) the receipt of
an application to release a preferential acquisition right to railroad
transportation property pursuant to this section.
2. For the purposes of this section, property shall be deemed to be
abandoned for railroad transportation purposes (a) when, where required
by law, a certificate of abandonment of the railroad line situate there-
on has been issued by the [interstate commerce commission] UNITED STATES
S. 6258--D 21 A. 9058--D
DEPARTMENT OF TRANSPORTATION and/or any other federal or state agency
having jurisdiction thereof; or (b) when such a certificate of abandon-
ment is not so required and the use of such property for railroad trans-
portation purposes has been discontinued with the intent not to resume.
Intent not to resume may be inferred from circumstances. Non-use of the
property for railroad transportation purposes for two consecutive years
shall create a presumption of abandonment. When use of such property
for railroad transportation purposes has been discontinued and upon
request of the property owner or his own motion, the commissioner shall
undertake an investigation thereof, which may include consultation with
the [interstate commerce commission] UNITED STATES DEPARTMENT OF TRANS-
PORTATION, and shall render a determination as to whether or not (a) the
property owner has definite plans for the use of such property for
purposes ordinarily associated with the safe and normal operation of a
railroad or associated transportation purposes; (b) such property
continues to be suitable for such railroad transportation purposes; and
(c) such property is necessary, either presently or in the future, for
such railroad transportation purposes. Such property shall be deemed to
be abandoned for railroad transportation purposes if the commissioner
shall determine that (a) the property owner has no definite plans for
the use of such property for purposes ordinarily associated with the
safe and normal operation of a railroad or associated transportation
purposes; or (b) such property is no longer suitable for such railroad
transportation purposes; and (c) such property is not necessary, either
presently or in the future, for such railroad transportation purposes.
The commissioner shall render such determination within ninety days
after the commencement of such investigation and such determination
shall be conclusive except that if the property is determined not to be
so abandoned such determination shall not preclude the undertaking of a
subsequent investigation concerning the same property. Sales of aban-
doned railroad transportation property for continued or resumed rail
transportation use may be exempted at the commissioner's discretion from
the preferential right of acquisition. This section shall not apply to
the subsequent resale of property lawfully acquired subject to the
provisions of this section as then applicable, except when the subse-
quent sale involves property previously exempted from this section by
the commissioner.
S 16. Section 98 of the transportation law, as added by chapter 267 of
the laws of 1970, is amended to read as follows:
S 98. Tariff schedules; publication. Every common carrier shall file
with the commissioner and shall print and keep open to public inspection
schedules showing the rates, fares and charges for the transportation of
passengers and property within the state between each point upon its
route and all other points thereon; and between each point upon its
route and all points upon every route leased, operated or controlled by
it; and between each point on its route or upon any route leased, oper-
ated or controlled by it and all points upon the route of any other
common carrier, whenever a through route and joint rate shall have been
established or ordered between any two such points. If no joint rate
over a through route has been established, the several carriers in such
through route shall file, print and keep open to public inspection, as
aforesaid, the separately established rates, fares and charges applied
to the through transportation. The schedules printed as aforesaid shall
plainly state the places between which property and passengers will be
carried, and shall also contain the classification of passengers or
property in force, and shall also state separately all terminal charges,
S. 6258--D 22 A. 9058--D
storage charges, icing charges, and all other charges which the commis-
sioner may require to be stated, all privileges or facilities granted or
allowed, and any rules or regulations which may in anywise change,
affect or determine any part, or the aggregate of, such aforesaid rates,
fares and charges, or the value of the service rendered to the passen-
ger, shipper or consignee. Such schedules shall be plainly printed in
large type, and a copy thereof shall be kept by every such carrier read-
ily accessible to and for convenient inspection by the public in every
station or office of such carrier where passengers or property are
respectively received for transportation, when such station or office is
in charge of an agent, and in every station or office of such carrier
where passenger tickets for transportation or tickets covering sleeping
or parlor car or other train accommodation are sold or bills of lading
or receipts for property are issued. All or any of such schedules kept
as aforesaid shall be immediately produced by such carrier for
inspection upon the demand of any person. A notice printed in bold type
and stating that such schedules are on file with the agent and open to
inspection by any person and that the agent will assist any such person
to determine from such schedules any transportation rates or fares or
rules or regulations which are in force shall be kept posted by the
carrier in two public and conspicuous places in every such station or
office. The form of every such schedule shall be prescribed by the
commissioner and shall conform in the case of railroad company as nearly
as may be to the form of schedule required by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION under the act of
congress entitled "An act to regulate commerce," approved February
fourth, eighteen hundred and eighty-seven and the acts amendatory there-
of and supplementary thereto. The commissioner shall have power, from
time to time, in his discretion, to determine and prescribe by order
such changes in the form of such schedules as may be found expedient,
and to modify the requirements of this section in respect to publishing,
posting and filing of schedules either in particular instances or by
general order applicable to special or peculiar circumstances or condi-
tions.
S 17. Section 126 of the transportation law, as added by chapter 267
of the laws of 1970, is amended to read as follows:
S 126. Uniform system of accounts; access to accounts; forfeitures.
The commissioner may, whenever he deems advisable, establish a system of
accounts to be used by common carriers which are subject to his super-
vision, or may classify the said carriers and prescribe a system of
accounts for each class, and may prescribe the manner in which such
accounts shall be kept. He may also in his discretion prescribe the
forms of accounts, records and memoranda to be kept by such carriers,
including the accounts, records and memoranda of the movement of traffic
as well as the receipts and expenditures of moneys. Notice of alter-
ations by the commissioner in the required method or form of keeping a
system of accounts shall be given to such persons or carriers by the
commissioner at least six months before the same are to take effect. The
system of accounts established by the commissioner and the forms of
accounts, records and memoranda prescribed by him as provided above
shall conform in the case of railroad companies as nearly as may be to
those from time to time established and prescribed by the [interstate
commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION under
the provisions of the act of congress entitled "An act to regulate
commerce" approved February fourth, eighteen hundred eighty-seven, and
the acts amendatory thereof or supplementary thereto. The commissioner
S. 6258--D 23 A. 9058--D
shall at all times have access to all accounts, records and memoranda
kept by common carriers and may designate any officers or employees of
the department who shall thereupon have authority under the order of the
commissioner to inspect and examine any and all accounts, records and
memoranda kept by such carriers. The commissioner may, after hearing,
prescribe by order the accounts in which particular outlays and receipts
shall be entered, charged or credited. At any such hearing the burden of
proof shall be on the common carrier to establish the correctness of the
accounts in which such outlays and receipts have been entered, and the
commissioner may suspend a charge or credit pending submission of proof
by such carrier. Where the commissioner has prescribed the forms of
accounts, records and memoranda to be kept by such carriers it shall be
unlawful for them to keep any other accounts, records or memoranda than
those so prescribed, or those prescribed by or under authority of the
United States.
S 18. Section 134 of the transportation law, as added by chapter 267
of the laws of 1970, is amended to read as follows:
S 134. Duties of commissioner as to interstate traffic. The commis-
sioner may investigate interstate freight or passenger rates or inter-
state freight or passenger service on railroads within the state, and
when such rates are, in the opinion of the commissioner, excessive or
discriminatory or are levied or laid in violation of the act of congress
entitled "An act to regulate commerce," approved February fourth, eigh-
teen hundred and eighty-seven, and the acts amendatory thereof and
supplementary thereto, or in conflict with the rulings, orders or regu-
lations of the [interstate commerce commission] UNITED STATES DEPARTMENT
OF TRANSPORTATION, the commissioner may apply by petition to the [inter-
state commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION
for relief or may present to the [interstate commerce commission] UNITED
STATES DEPARTMENT OF TRANSPORTATION all facts coming to his knowledge,
as to violations of the rulings, orders, or regulations of that commis-
sion or as to violations of the said act to regulate commerce or acts
amendatory thereof or supplementary thereto.
S 19. The opening paragraph of section 432 of the transportation law,
as amended by chapter 385 of the laws of 1994 and as further amended by
section 1 of part W of chapter 56 of the laws of 2010, is amended to
read as follows:
The level of railroad participation in the program for the period
nineteen hundred eighty-seven through nineteen hundred ninety-one shall
depend on the estimated tax abatement as computed by the commissioner of
taxation and finance pursuant to either subdivision (c) of section four
hundred eighty-nine-j or subdivision (c) of section four hundred eight-
y-nine-hh of the real property tax law. The nature of railroad partic-
ipation in the program, as set forth below, shall be based on the rail-
road's economic or exemption factor under title two-A and title two-B of
article four of the real property tax law, as applicable, and the rail-
road's size classification as determined by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION, based on rail-
road system gross revenues. Regardless of the level of their partic-
ipation, all railroads shall annually certify to the commissioner that
to the best of their knowledge and belief such railroads are in substan-
tial compliance with the terms and conditions of any contracts they may
have with the department.
S 20. The opening paragraph of subdivision 1 of section 1690 of the
vehicle and traffic law, as amended by chapter 420 of the laws of 2001,
is amended to read as follows:
S. 6258--D 24 A. 9058--D
Notwithstanding any other provision of law, where the trial of a traf-
fic or parking infraction is authorized or required to be tried before
the Nassau county district court, and such traffic and parking infrac-
tion does not constitute a misdemeanor, felony, violation of subdivision
one of section eleven hundred ninety-two, subdivision five of section
eleven hundred ninety-two, section three hundred ninety-seven-a, or
subdivision (g) of section eleven hundred eighty of this chapter, or a
violation of paragraph (b) of subdivision four of section fourteen-f or
clause (b) of subparagraph (iii) of paragraph [d] C of subdivision two
of section one hundred forty of the transportation law, or any offense
that is part of the same criminal transaction, as that term is defined
in subdivision two of section 40.10 of the criminal procedure law, as
such a misdemeanor, felony, violation of subdivision one of section
eleven hundred ninety-two, subdivision two of section eleven hundred
ninety-two, section three hundred ninety-seven-a or subdivision (g) of
section eleven hundred eighty of this chapter, or a violation of para-
graph (b) of subdivision four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph d of subdivision two of section one
hundred forty of the transportation law, the administrative judge of the
county in which the trial court is located, may assign judicial hearing
officers to conduct such a trial. Such judicial hearing officers shall
be village court justices or retired judges either of which shall have
at least two years of experience conducting trials of traffic and park-
ing violations cases and shall be admitted to practice law in this
state. Where such assignment is made, the judicial hearing officer shall
entertain the case in the same manner as a court and shall:
S 21. Subdivision 2 of section 371 of the general municipal law, as
amended by chapter 19 of the laws of 2009, is amended to read as
follows:
2. The Nassau county traffic and parking violations agency, as estab-
lished, may be authorized to assist the Nassau county district court in
the disposition and administration of infractions of traffic and parking
laws, ordinances, rules and regulations and the liability of owners for
violations of subdivision (d) of section eleven hundred eleven of the
vehicle and traffic law in accordance with section eleven hundred
eleven-b of such law, except that such agency shall not have jurisdic-
tion over (a) the traffic infraction defined under subdivision one of
section eleven hundred ninety-two of the vehicle and traffic law; (b)
the traffic infraction defined under subdivision five of section eleven
hundred ninety-two of the vehicle and traffic law; (c) the violation
defined under paragraph (b) of subdivision four of section fourteen-f of
the transportation law and the violation defined under clause (b) of
subparagraph (iii) of paragraph [d] C of subdivision two of section one
hundred forty of the transportation law; (d) the traffic infraction
defined under section three hundred ninety-seven-a of the vehicle and
traffic law and the traffic infraction defined under subdivision (g) of
section eleven hundred eighty of the vehicle and traffic law; (e) any
misdemeanor or felony; or (f) any offense that is part of the same crim-
inal transaction, as that term is defined in subdivision two of section
40.10 of the criminal procedure law, as a violation of subdivision one
of section eleven hundred ninety-two of the vehicle and traffic law, a
violation of subdivision five of section eleven hundred ninety-two of
the vehicle and traffic law, a violation of paragraph (b) of subdivision
four of section fourteen-f of the transportation law, a violation of
clause (b) of subparagraph (iii) of paragraph d of subdivision two of
section one hundred forty of the transportation law, a violation of
S. 6258--D 25 A. 9058--D
section three hundred ninety-seven-a of the vehicle and traffic law, a
violation of subdivision (g) of section eleven hundred eighty of the
vehicle and traffic law or any misdemeanor or felony.
S 22. Subdivision 1 of section 27-1321 of the environmental conserva-
tion law, as added by chapter 915 of the laws of 1983, is amended to
read as follows:
1. Notwithstanding any other provision of law to the contrary, any
person who is, by professional training or experience and attainment,
qualified to analyze and interpret matters pertaining to the treatment,
storage, disposal, or transport of hazardous materials or hazardous
wastes, and who voluntarily and without expectation of monetary compen-
sation provides assistance or advice in mitigating the effects of an
accidental or threatened discharge of any hazardous materials or hazard-
ous wastes, or in preventing, cleaning up, or disposing of any such
discharge, shall not be subject to a penalty or to civil liability for
damages or injuries alleged to have been sustained by any person or
entity by reason of an act or omission in the giving of such assistance
or advice. For the purposes of this section, the term "hazardous materi-
als" shall have the same meaning [given] AS that term [in subdivision
one of] IS DEFINED IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF
TRANSPORTATION PURSUANT TO section fourteen-f of the transportation law,
and the term "hazardous wastes" shall mean those wastes identified or
listed pursuant to section 27-0903 of this article and any rules and
regulations promulgated thereunder.
S 23. Subdivision 1 of section 156-a of the executive law, as amended
by section 1 of part D of chapter 1 of the laws of 2004, is amended to
read as follows:
1. The state fire administrator shall[, in his or her discretion,
consult with the fire fighting and code enforcement personnel standards
and education commission established pursuant to section one hundred
fifty-nine-a of this article, to] establish a specialized hazardous
materials emergency response training program for individuals responsi-
ble for providing emergency response recovery following incidents
involving hazardous materials as SUCH TERM IS defined in [accordance
with] REGULATIONS PROMULGATED BY THE COMMISSIONER OF TRANSPORTATION
PURSUANT TO section fourteen-f of the transportation law. The state fire
administrator shall inform all fire companies, municipal corporations
and districts, including agencies and departments thereof and all fire-
fighters, both paid and volunteer, and related officers and employees
and police officers of the implementation and availability of the
hazardous materials emergency response training program and shall,
subject to the availability of an appropriation, conduct such training
with sufficient frequency to assure adequate response to incidents
involving hazardous materials and protection of responders in all
geographic areas of the state.
S 24. This act shall take effect immediately; provided, however that
the amendments to subdivision 2 of section 371 of the general municipal
law, made by section twenty-one of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith.
PART H
Section 1. Subdivisions 1 and 2 of section 11-0515 of the environ-
mental conservation law, as amended by chapter 528 of the laws of 1986,
are amended to read as follows:
S. 6258--D 26 A. 9058--D
1. The department may issue to any person a license revocable at its
pleasure to collect or possess fish, wildlife, shellfish, crustacea, OR
aquatic insects, birds' nests or eggs for propagation, banding, scien-
tific or exhibition purposes. The department in its discretion may
require an applicant to pay a license fee of ten dollars, [to submit
written testimonials from two well-known persons] and to file a bond of
two hundred dollars to be approved by the department that he OR SHE will
not violate any provisions of this article. Each licensee shall file
with the department [on or before February 1] a report [of his oper-
ations during the preceding calendar year] CONTAINING SUCH INFORMATION
AS THE DEPARTMENT MAY REQUIRE. Such license shall be [effective until
revoked] IN FORCE FOR ONE YEAR ONLY AND SHALL NOT BE TRANSFERABLE.
2. The department may also issue a license revocable at its pleasure
to possess and sell protected fish, wildlife, shellfish, crustacea or
aquatic insects for propagation, scientific or exhibition purposes. The
department in its discretion may require a license fee of ten dollars.
Such license shall be in force for one year only and shall not be trans-
ferable. Each licensee shall [make] FILE WITH THE DEPARTMENT a report
[of his or her operations at the expiration of the license] CONTAINING
SUCH INFORMATION AS THE DEPARTMENT MAY REQUIRE. Fish, wildlife, shellf-
ish, crustacea or aquatic insects lawfully possessed under this section
may be sold at any time by the licensee for propagation, scientific or
exhibition purposes only.
S 2. Subdivision 1 of section 11-0521 of the environmental conserva-
tion law, as amended by chapter 600 of the laws of 1993, is amended to
read as follows:
1. The department may direct any environmental conservation officer,
or issue a permit to any person, to take any wildlife at any time when-
ever it becomes a nuisance, destructive to public or private property or
a threat to public health or welfare, provided, however, that where such
wildlife is a bear, no such permit shall be issued except upon proof of
damage to such property or threat to public health or safety presented
to the department. Upon presentation of such proof, the department may
issue a permit authorizing the use of trained tracking dogs pursuant to
section 11-0928 of this article, and, if the department has determined
that no other alternative is feasible, a separate permit to take the
bear. Wildlife so taken shall be disposed of as the department may
direct. ANY PERSON, AGENCY, CORPORATION OR MUNICIPALITY WHO OBTAINS A
MIGRATORY BIRD DEPREDATION PERMIT OR ORDER ISSUED BY THE FEDERAL DEPART-
MENT OF THE INTERIOR PURSUANT TO 50 C.F.R. 13 AND 50 C.F.R. 21, AS MAY
BE AMENDED FROM TIME TO TIME, SHALL NOT BE REQUIRED TO OBTAIN A PERMIT
FROM THE DEPARTMENT TO CONDUCT THE AUTHORIZED ACTIVITIES.
S 3. Subdivisions 6 and 9 of section 11-0523 of the environmental
conservation law, subdivision 6 as added by chapter 911 of the laws of
1990 and subdivision 9 as amended by chapter 114 of the laws of 1981,
are amended to read as follows:
6. Raccoons, MUSKRATS, coyotes or fox injuring private property may be
taken by the owner, occupant or lessee thereof, or an employee or family
member of such owner, occupant or lessee, at any time in any manner.
9. Varying hares, cottontail rabbits, skunks, black, grey and fox
squirrels, raccoons, MUSKRATS, opossums or weasels taken pursuant to
this section in the closed season or in a manner not permitted by
section 11-0901 shall be immediately buried or cremated. No person shall
possess or traffic in such skunks or raccoons or the pelts thereof or in
such varying hares or cottontail rabbits or the flesh thereof.
S. 6258--D 27 A. 9058--D
S 4. Subdivision 4 of section 11-0524 of the environmental conserva-
tion law, as added by chapter 265 of the laws of 2002, is amended to
read as follows:
4. The fee for a nuisance wildlife control operator license shall be
fifty dollars paid annually to be deposited in the conservation fund
established pursuant to section eighty-three of the state finance law,
PROVIDED, HOWEVER, THAT A MUNICIPALITY SHALL NOT BE SUBJECT TO THIS FEE.
S 5. Subdivisions 3 and 4 of section 11-0927 of the environmental
conservation law are amended to read as follows:
3. Wild game shall not be taken by shooting or otherwise killed in the
course of a field trial. Other game on which a field trial may be held
as provided in this section may be taken by shooting in the course of a
field trial, except a field trial held on a licensed dog training area,
provided a license for such shooting has been procured from the depart-
ment. Game so taken shall be immediately [tagged for identification with
seals, to be supplied to the licensee] IDENTIFIED ON FORMS PROVIDED by
the department [at the price of five cents each, and such seals shall
not be removed] until the game is finally prepared for consumption.
4. Game so [tagged] IDENTIFIED may be possessed, transported, bought
and sold at any time, without limitation by section 11-0917 OF THIS
ARTICLE.
S 6. Subdivision 2 of section 11-0931 of the environmental conserva-
tion law, as amended by chapter 483 of the laws of 2010, is amended to
read as follows:
2. No firearm or crossbow except a pistol or revolver shall be carried
or possessed in or on a motor vehicle unless it is unloaded, for a
firearm in both the chamber and the magazine, except that a loaded
firearm which may be legally used for taking migratory game birds may be
carried or possessed in a motorboat while being legally used in hunting
migratory game birds, and no person except a law enforcement officer in
the performance of his official duties shall, while in or on a motor
vehicle, use a jacklight, spotlight or other artificial light upon lands
inhabited by deer if he is in possession or is accompanied by a person
who is in possession, at the time of such use, of a longbow, crossbow or
a firearm of any kind except a pistol or revolver, unless such longbow
is unstrung or such firearm or crossbow is taken down or securely
fastened in a case or locked in the trunk of the vehicle. For purposes
of this subdivision, motor vehicle shall mean every vehicle or other
device operated by any power other than muscle power, and which shall
include but not be limited to automobiles, trucks, motorcycles, trac-
tors, trailers and motorboats, snowmobiles and snowtravelers, whether
operated on or off public highways. Notwithstanding the provisions of
this subdivision, the department may issue a permit to any person who is
non-ambulatory, except with the use of a mechanized aid, to possess a
loaded firearm in or on a motor vehicle as defined in this section,
subject to such restrictions as the department may deem necessary in the
interest of public safety[, and for a fee of five dollars]. Nothing in
this section permits the possession of a pistol or a revolver contrary
to the penal law.
S 7. Subdivision 2 of section 11-0931 of the environmental conserva-
tion law, as amended by section 50 of part F of chapter 82 of the laws
of 2002, is amended to read as follows:
2. No firearm except a pistol or revolver shall be carried or
possessed in or on a motor vehicle unless it is unloaded in both the
chamber and the magazine, except that a loaded firearm which may be
legally used for taking migratory game birds may be carried or possessed
S. 6258--D 28 A. 9058--D
in a motorboat while being legally used in hunting migratory game birds,
and no person except a law enforcement officer in the performance of his
official duties shall, while in or on a motor vehicle, use a jacklight,
spotlight or other artificial light upon lands inhabited by deer if he
is in possession or is accompanied by a person who is in possession, at
the time of such use, of a longbow, crossbow or a firearm of any kind
except a pistol or revolver, unless such longbow is unstrung or such
firearm is taken down or securely fastened in a case or locked in the
trunk of the vehicle. For purposes of this subdivision, motor vehicle
shall mean every vehicle or other device operated by any power other
than muscle power, and which shall include but not be limited to automo-
biles, trucks, motorcycles, tractors, trailers and motorboats, snowmo-
biles and snowtravelers, whether operated on or off public highways.
Notwithstanding the provisions of this subdivision, the department may
issue a permit to any person who is non-ambulatory, except with the use
of a mechanized aid, to possess a loaded firearm in or on a motor vehi-
cle as defined in this section, subject to such restrictions as the
department may deem necessary in the interest of public safety[, and for
a fee of five dollars]. Nothing in this section permits the possession
of a pistol or a revolver contrary to the penal law.
S 8. Section 11-1003 of the environmental conservation law, as amended
by section 51 of part F of chapter 82 of the laws of 2002, is amended to
read as follows:
S 11-1003. Falconry license.
Any resident of this state may be issued a falconry license. The
department shall prescribe and furnish forms for application for such
license. The fee for the license shall be [twenty] FORTY dollars.
Falconry licenses shall expire on December 31 every [second] FIFTH year
and shall be renewable at the discretion of the department. A falconry
license shall authorize the licensee to obtain, buy, sell, barter,
possess and train raptors for falconry and to engage in falconry,
provided that no game shall be taken or killed except during an open
season therefor, and further provided that such licensee shall also
possess a license pursuant to this chapter which authorizes the holder
to hunt wildlife. Any non-resident, who legally possesses a raptor
where he or she resides and who may legally engage in falconry where he
or she resides, may engage in falconry in New York without a falconry
license provided he or she possesses a valid non-resident hunting
license.
S 9. Section 11-1721 of the environmental conservation law, subdivi-
sion 2 as amended by chapter 528 of the laws of 1986, is amended to read
as follows:
S 11-1721. [Tagging] IDENTIFICATION of carcasses and parts thereof.
1. The provisions of this section apply to carcasses and parts thereof
of
a. domestic game killed on the premises of the holder of a domestic
game bird breeder's license PURSUANT TO SECTION 11-1901 OF THIS ARTICLE,
domestic game animal breeder's license PURSUANT TO SECTION 11-1905 OF
THIS ARTICLE or shooting preserve license PURSUANT TO SECTION 11-1903 OF
THIS ARTICLE;
b. [domestic game raised outside the state on the premises of a holder
of a certificate under section 11-1715, subdivision 1;
c. foreign game imported from outside the United States;
d. wild deer (other than white-tailed deer), moose, elk, caribou and
antelope, coming from outside the state, imported pursuant to section
11-1711;
S. 6258--D 29 A. 9058--D
e.] bear possessed under license pursuant to section 11-0515 OF THIS
ARTICLE or outside the state under a license similar in principle and
killed for food purposes[, and bought and sold for such purpose under
permit from the department pursuant to section 11-1713];
[f.] C. trout, black bass, lake trout, landlocked salmon, muskellunge,
pike, pickerel and walleye taken from fishing preserve waters licensed
pursuant to section 11-1913 OF THIS ARTICLE.
2. All such [game] CARCASSES AND PARTS shall be [tagged] IDENTIFIED
with a [tag or seal, which shall be supplied] FORM PROVIDED by the
department [for a fee of five cents for each tag or seal. The tag or
seal shall be affixed to each game bird, and in the case of foreign game
shall be affixed to the breast skin, and to the flesh of each quarter
and loin of other game, and shall remain so affixed until the game is
finally prepared for consumption. Trout, black bass, lake trout, land-
locked salmon, muskellunge, pike, pickerel and walleye taken from fish-
ing preserve waters licensed pursuant to section 11-1913 shall be tagged
as prescribed by the department, with a seal, which shall be supplied by
the department for a fee of five cents for each seal].
3. [Domestic game killed in this state] CARCASSES AND PARTS shall not
be possessed unless [tagged] ACCOMPANIED BY A FORM PROVIDED BY THE
DEPARTMENT as required by this section. [Foreign game imported from
outside the United States and domestic and wild game coming from outside
the state shall be tagged before it is brought into the state or imme-
diately upon its receipt within this state by the consignee.
4. No person shall counterfeit any seal or tag issued by the depart-
ment. No person shall attach such a tag to game which is not game
described in subdivision 1, nor attach to any game described in subdivi-
sion 1 a tag or seal other than the tag or seal prescribed by the
department for the tagging of such game.]
S 10. Section 11-1723 of the environmental conservation law is amended
to read as follows:
S 11-1723. Sale of game and trout; transportation within the state.
1. a. Except as provided in paragraph b, game and trout required by
section 11-1721 OF THIS TITLE to be [tagged, when so tagged] IDENTIFIED,
may be possessed, bought and sold, and subject to section 11-1725 OF
THIS TITLE may be transported within and from within to without the
state by any means.
b. No domestic duck, goose, brant or swan killed by shooting shall be
bought or sold unless marked [by having had the hind toe of the right
foot removed as provided in subdivision 5 of section 11-1901] IN ACCORD-
ANCE WITH REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY
THE DEPARTMENT OF THE INTERIOR PURSUANT TO 50 C.F.R. 21 AS MAY BE
AMENDED FROM TIME TO TIME. SUCH INFORMATION SHALL BE PROVIDED BY
DEPARTMENT PRESS RELEASE AND ANY OTHER MEANS THAT THE DEPARTMENT DETER-
MINES TO BE APPROPRIATE AND EFFECTIVE, INCLUDING POSTING ON THE DEPART-
MENT'S PUBLIC WEBSITE.
2. No person shall sell or offer for sale any such game or trout
unless it is so [tagged] IDENTIFIED.
S 11. Section 11-1725 of the environmental conservation law is amended
to read as follows:
S 11-1725. Shipment by carriers.
1. Carriers may receive, and may transport, within and from within to
without the state, carcasses and parts thereof of game, described in
subdivision 1 of section 11-1721[, tagged] AND IDENTIFIED as provided in
that section, when they are also labeled as provided in this section.
S. 6258--D 30 A. 9058--D
2. a. When received in this state by a carrier, or transported within
or from within to without the state by a carrier, every shipment of game
required by section 11-1721 to be [tagged] IDENTIFIED, shall also have
attached a card or label with the following data plainly printed or
written thereon: names and addresses of consignor and consignee, number
and kind of carcasses or parts thereof[, and that the same is (as the
case may be) domestic game, imported foreign game, or game imported
under permit (in the case of game imported pursuant to section 11-1711
or 11-1713)].
b. If the consignor is the person who holds the game breeder's license
or shooting preserve license[, or the certificate under section 11-1715,
or the permit under section 11-1711 or 11-1713,] by authority of which
such game (other than imported foreign game) is saleable, or if the game
is imported foreign game shipped by a licensed game dealer, the card or
label shall also state the name and address of the holder of such
license, [certificate or permit] and the number of the license[, certif-
icate or permit].
3. No carrier or employee thereof shall, while engaged in such busi-
ness, transport as owner any fish or game not lawfully saleable. No
carrier or employee thereof shall knowingly receive or possess any fish
or game, whether packed or unpacked, for shipment for any person, unless
(a) if it is game or trout described in section 11-1721 OF THIS TITLE,
it is [tagged] IDENTIFIED as required by that section, and (b) in any
case, it bears the tag, card, IDENTIFICATION or label required by this
section or by sections 11-0911, 11-0917, 11-1319 or 11-1913 OF THIS
ARTICLE.
S 12. Subdivisions 1, 5 and 8 of section 11-1901 of the environmental
conservation law, paragraphs a and b of subdivision 1 as amended by
chapter 528 of the laws of 1986, are amended to read as follows:
1. The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands, or an entire island, a domestic game bird
breeder's license permitting him to possess and propagate such species
of domestic game birds as, in its opinion, he has facilities for propa-
gating on the licensed premises. The license shall expire on March 31
[in each] EVERY FIFTH year. The department shall prescribe and furnish
forms for application for such license. Applicants shall pay to the
department, and the department shall be entitled to receive, fees
according to the type of license so issued as follows:
a. Class A license, [fifty] TWO HUNDRED dollars. This license shall
allow the holder thereof to purchase, possess, propagate, transport and
sell domestic game birds, dead or alive, and their eggs.
b. Class B license, [ten] FORTY dollars. This license shall allow the
holder thereof to purchase, possess and propagate domestic game birds
for his own use. Birds may be killed for food or released to the wild
for restocking. No live birds or their eggs or carcasses may be sold,
exchanged or given away.
5. Each such domestic duck, goose, brant and swan [before attaining
the age of four weeks] shall be marked [by having the hind toe of the
right foot removed, and no such duck, goose, brant or swan, over four
weeks of age, may be possessed or sold without such mark] IN ACCORDANCE
WITH REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY THE
DEPARTMENT OF THE INTERIOR PURSUANT TO 50 C.F.R. 21 AS MAY BE AMENDED
FROM TIME TO TIME. SUCH INFORMATION SHALL BE PROVIDED BY DEPARTMENT
PRESS RELEASE AND ANY OTHER MEANS THAT THE DEPARTMENT DETERMINES TO BE
APPROPRIATE AND EFFECTIVE, INCLUDING POSTING ON THE DEPARTMENT'S PUBLIC
WEBSITE. Birds so marked, which have escaped, may be recaptured by the
S. 6258--D 31 A. 9058--D
licensee. [Other such domestic game birds which have escaped may be
recaptured by the licensee provided they are marked as prescribed in the
rules and regulations of the department.] Escaped birds may be recap-
tured only on the premises of the licensee. [However, removal of the
hind toe of the right foot shall not be required for captive geese,
brant and swans, which were adult birds on March 1, 1967 and previously
had been marked with a V-shaped mark on the web of one foot.]
8. [a. The department shall supply tags, for which the licensee shall
pay a fee of five cents each, which shall be affixed to the carcass of a
domestic game bird and remain so affixed until the bird is finally
prepared for consumption. No domestic game bird so killed shall be
possessed without such tag, and only an authorized person shall have in
his possession such tags.
b. Notwithstanding any provision in this section to the contrary, no
untagged carcass may be removed from the premises except carcasses which
are removed for the purpose of processing. When transporting untagged
carcasses for such processing, the bearer must have a statement signed
by the licensee stating the number of carcasses being transported and
the name and address of the processor. The bearer must also have in his
possession tags equal in number to the carcasses transported. The
processor or bearer, after picking and dressing the carcasses, shall
affix the tags, furnished by the licensee, to each carcass.
c. The licensee shall keep records of the number of tags used, and no
tags shall be removed from the licensed premises except as provided in
this subdivision. If a game bird breeder's license is not renewed on its
expiration date, all unused tags and inventory shall be returned to the
nearest regional office of the department not later than ten days after
the expiration date of the license. There shall be no refund of money
for such returned tags, which shall be immediately invalidated.
d. The tagging required by this subdivision shall constitute compli-
ance with the tagging requirements of section 11-1721. Carcasses of
domestic game birds, tagged as provided in this subdivision, may be
possessed, bought, sold, offered for sale and transported, to the extent
permitted by sections 11-1719 and 11-1723.] DOMESTIC GAME BIRD CARCASSES
AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY SECTION 11-1721 OF THIS
ARTICLE.
S 13. Subdivisions 2, 4 and 6 of section 11-1903 of the environmental
conservation law are REPEALED and subdivisions 1, 3, 7 and 10, paragraph
c of subdivision 1 as amended by chapter 528 of the laws of 1986, subdi-
vision 3 as amended by chapter 465 of the laws of 1976 and paragraph d
of subdivision 7 as amended by chapter 37 of the laws of 1978, are
amended to read as follows:
1. The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands or an entire island a shooting preserve license
permitting him OR HER to purchase, possess, rear and transport, and to
release and take by shooting therein, domestic game birds legally
possessed or acquired. No birds may be held for propagation after [March
31] APRIL 15 unless the owner or lessee also has a domestic game bird
breeder's license as provided for in section 11-1901 OF THIS TITLE. In
the case of leased lands, the applicant shall furnish with his OR HER
application evidence of a written lease executed by each lessor covering
the premises to be licensed. The license shall expire on [March 31 in
each] APRIL 15 EVERY FIFTH year. The department shall prescribe and
furnish forms for application for such license. Applicants shall pay,
and the department shall be entitled to receive, fees according to the
type of license issued as follows:
S. 6258--D 32 A. 9058--D
a. Class A license, [fifty] TWO HUNDRED dollars [for the first one
hundred acres and five dollars for each additional one hundred acres or
portion thereof comprising the premises described in the application].
This license shall allow the holder thereof to operate a commercial CLUB
OR MEMBERSHIP shooting preserve WITH A MINIMUM OF ONE HUNDRED ACRES and
charge a daily fee for hunting or charge a fee for each bird killed or a
combination thereof. Birds may be killed by the licensee for his OR HER
own use and may be sold dead or alive.
b. [Class B license, twenty-five dollars for the first one hundred
acres and two dollars and fifty cents for each additional one hundred
acres or portion thereof comprising the premises described in the appli-
cation. This license shall allow the holder thereof to operate a nonpro-
fit shooting preserve or a nonprofit club or membership shooting
preserve with use limited to members and guests. Birds may be killed by
the licensee for his own use but no live birds, or their eggs, or
carcasses may be sold unless the licensee holds a Class A game bird
breeder's license.
c.] Class [C] B license, [fifteen] SIXTY dollars [for the first one
hundred acres and two dollars for each additional one hundred acres or
portion thereof comprising the premises described in the application].
This license shall allow the holder thereof to operate a shooting
preserve with use restricted to the licensee, his OR HER family and
invitees, provided no fees are charged for the privilege of hunting or
for birds shot. Birds may be killed by the licensee for his OR HER own
use but no live birds, or their eggs, or carcasses may be sold unless
the licensee holds a Class A game bird breeder's license.
3. The department may revoke the license of any licensee convicted of
a violation of this section, and no license shall be issued to him OR
HER for the ensuing two years. The licensee, unless he OR SHE shall
waive such right, shall have an opportunity to be heard. Notice of hear-
ing shall be given by mailing the same in writing to the licensee at the
address contained in his OR HER license. Attendance of witnesses may be
compelled by subpoena. Revocation shall be deemed an administrative act
reviewable by the supreme court as such.
7. Domestic game birds may not be killed, by shooting, on the premises
specified in the application for the license, except under the following
conditions:
a. Birds [must be at least fourteen weeks of age before liberation.
Ducks, geese, brant and swans] shall be marked [by having had the hind
toe of the right foot removed, except] as provided in subdivision 5 of
section 11-1901[, and no such duck, goose, brant or swan, over four
weeks of age, may be possessed, sold or killed by shooting without such
mark] OF THIS TITLE. Birds so marked, which have escaped, may be recap-
tured by the licensee. [Other such domestic game birds which have
escaped may be recaptured by the licensee provided they are marked as
prescribed in the rules and regulations of the department.] Escaped
birds may be recaptured only on the premises of the licensee.
b. [Before any shooting of domestic game birds may be done on a
licensed shooting preserve the licensee must advise the department in
writing of the numbers of each species of domestic game birds reared,
purchased or otherwise acquired for liberation, and request and receive
in writing a shooting authorization which shall state the numbers of
each species of game bird that may be taken by shooting. The number of
birds authorized to be taken by shooting shall not be less than eighty
per cent of the number liberated.
S. 6258--D 33 A. 9058--D
Shooting authorization shall be based on the actual number of birds on
hand or on contract at the time of application for such authorization.
If birds are purchased, the applicant shall submit one copy of the
contract agreement signed by the purchaser and seller on forms furnished
by the department. The contract shall state the name, address and
license number of the party from whom purchased as well as the numbers
of birds purchased and the dates of delivery.
c.] Ducks, geese, brant and swans liberated under this section may be
taken only under rules and regulations made by the department OR ADOPTED
BY THE FEDERAL DEPARTMENT OF THE INTERIOR; PROVIDED, HOWEVER, THAT ANY
FEDERAL REGULATIONS SHALL BE PROVIDED BY DEPARTMENT PRESS RELEASE AND
ANY OTHER MEANS THAT THE DEPARTMENT DETERMINES TO BE APPROPRIATE AND
EFFECTIVE, INCLUDING POSTING ON THE DEPARTMENT'S PUBLIC WEBSITE.
[d] C. On the premises described in the application for the license,
the licensee may kill domestic game birds by shooting from September 1
through [March 31] APRIL 15 and in any manner, other than by shooting,
at any time, or any person may take domestic game birds by shooting from
September 1 through [March 31] APRIL 15 with the consent of the licen-
see. [When an investigation made by the department in the month of March
of any year reveals that during the current shooting preserve season
reasonable opportunities were not afforded to harvest domestic game
birds in any area or areas of the state because of abnormal weather
conditions, the department shall have power to extend by order the
shooting preserve season in such area or areas for a period not to
exceed 15 days.]
10. a. [The department shall supply tags, for which the licensee shall
pay a fee of five cents each, which shall be affixed to the carcass]
CARCASSES AND PARTS of [a] domestic game [bird and remain so affixed
until the bird is finally prepared for consumption] BIRDS SHALL BE
ACCOMPANIED BY A FORM PROVIDED BY THE DEPARTMENT PURSUANT TO SECTION
11-1721 OF THIS ARTICLE. No domestic game birds so killed shall be
possessed OR TRANSPORTED without such [tag] FORM. Only an authorized
person as provided in the rules and regulations of the department shall
have in his OR HER possession such [tags] FORM.
b. [Notwithstanding any provision in this section to the contrary, no
untagged carcass may be removed from the premises except carcasses which
are removed for processing. When transporting untagged carcasses for
processing, the bearer must have a statement signed by the licensee
stating the number of carcasses transported and the name and address of
the processor. The bearer must also have in his possession tags equal in
number to the carcasses transported. The processor or bearer, after
picking and dressing the carcasses, shall affix the tags, furnished by
the licensee, to each carcass.
c. The licensee shall keep records of the number of tags used. If a
shooting preserve license is not renewed on its expiration date, all
unused tags on inventory shall be returned to the nearest regional
office of the department not later than ten days after the expiration
date of the license. There shall be no refund of money for such returned
tags, which shall be immediately invalidated.
d. The tagging required by this subdivision shall constitute compli-
ance with the tagging requirements of section 11-1721. Carcasses of
domestic game birds, tagged as provided in this subdivision, may be
possessed and transported by all licensees under this section, and they
may be bought, sold and offered for sale to the extent permitted by
sections 11-1719 and 11-1723, except that no domestic duck, goose, brant
or swan shall be bought, sold or killed by shooting unless marked as
S. 6258--D 34 A. 9058--D
provided in subdivision 7 of this section] DOMESTIC GAME BIRD CARCASSES
AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY SECTION 11-1721 OF THIS
ARTICLE.
S 14. Subdivisions 1 and 6 of section 11-1905 of the environmental
conservation law, the opening paragraph of subdivision 1 as amended by
chapter 41 of the laws of 1973 and paragraphs a and b of subdivision 1
as amended by chapter 528 of the laws of 1986, are amended to read as
follows:
1. The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands or an entire island a domestic game animal
breeder's license permitting him to possess and propagate domestic game
animals provided such animals are confined and cared for according to
specifications and regulations which the department, by order, shall
adopt. The license shall expire on March 31 [of each] EVERY FIFTH year.
The department shall prescribe and furnish forms for application for
such license. Applicants shall pay, and the department shall be entitled
to receive, fees in accordance with the type of license issued.
a. Class A license, [fifty] TWO HUNDRED dollars. This license shall
allow the holder thereof to purchase, possess, propagate, transport and
sell domestic game animals dead or alive.
b. Class B license, [ten] FORTY dollars. This license shall allow the
holder thereof to purchase, possess and propagate domestic game animals
for his own use. No animals may be sold, exchanged or given away except
that portions of the carcass may be given away provided they are pack-
aged and the package bears the name and license number of the licensee.
6. [a. The department shall supply tags for Class A licenses, for
which the licensees shall pay five cents each, which shall be affixed to
each quarter and loin of each carcass of domestic game animals killed by
Class A licensees and remain so affixed until the game is finally
prepared for consumption. No domestic game animal so killed, nor any
portion of the carcass thereof, shall be possessed without such tag, and
no person shall sell such quarter or loin without such tag attached.
b. The tagging required by this subdivision shall constitute compli-
ance with the tagging requirements of section 11-1721. Loins or quarters
of domestic game animals, killed by Class A licensees and tagged as
provided in this subdivision, may be possessed, bought, sold and offered
for sale, and transported as provided in section 11-1723 and may be sold
and offered for sale by the holder of a Class A license under this
section without the game dealer's license provided for in section
11-1719.] DOMESTIC GAME ANIMAL CARCASSES AND PARTS SHALL BE IDENTIFIED
AS REQUIRED BY SECTION 11-1721 OF THIS ARTICLE.
S 15. Section 11-1907 of the environmental conservation law is amended
by adding a new subdivision 3 to read as follows:
3. ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE DEPARTMENT SHALL
NOT ISSUE ANY NEW LICENSES PURSUANT TO THIS SECTION.
S 16. Subparagraph 4 of paragraph b of subdivision 2 and subdivision 6
of section 11-1913 of the environmental conservation law, paragraph a of
subdivision 6 as amended by chapter 528 of the laws of 1986, are amended
to read as follows:
(4) specify the manner of [tagging] IDENTIFICATION OF fish taken from
the licensed waters, and
6. a. All trout, black bass, lake trout, landlocked salmon, muskel-
lunge, pike, pickerel and walleye taken from the licensed fishing
preserve waters, shall be immediately [tagged] IDENTIFIED ON FORMS
PROVIDED BY THE DEPARTMENT as prescribed in the license or by order of
S. 6258--D 35 A. 9058--D
the department. [Such tags shall be furnished by the department and sold
to the licensee at the cost of five cents per tag.]
b. The [tag so affixed] IDENTIFICATION FORM shall [not be removed
from] ACCOMPANY the fish until the same is finally prepared for consump-
tion.
c. No fish, required to be [tagged] IDENTIFIED as specified in para-
graph a of this subdivision, taken pursuant to this section shall be
possessed off the premises of the fishing preserve without such [tag]
IDENTIFICATION FORM, and no person shall sell such fish without such
[tag attached, except for scientific, exhibition or stocking purposes]
IDENTIFICATION FORM.
d. Fish taken from such fishing preserves and [tagged] IDENTIFIED as
provided in this subdivision, may be possessed, bought, sold and offered
for sale, and transported without restriction. Fish raised or possessed
under license issued under this section may be sold at any time for
scientific, exhibition, propagation or stocking purposes.
S 17. Subdivision 3 of section 11-0103 of the environmental conserva-
tion law is amended to read as follows:
3. "Wild game" means all game, except (a) domestic game bird and
domestic game animal as defined in subdivision 4; (b) carcasses of
foreign game as defined in section 11-1717, imported from outside the
United States [and tagged as provided in section 11-1721]; (c) game
propagated or kept alive in captivity as provided in section 11-1907 OF
THIS ARTICLE; (d) game imported alive pursuant to license of the depart-
ment, or artificially propagated, until such game is liberated; and (e)
game so imported or propagated when liberated for the purpose of a field
trial and taken during the field trial for which it was liberated.
S 18. Subdivision 2 of section 11-1717 of the environmental conserva-
tion law is amended to read as follows:
2. The carcasses, or parts thereof, of foreign game imported from
outside the United States may be bought and sold [when tagged as
required in section 11-1721, subject to the provisions of section
11-1719 with respect to dealers' licenses].
S 19. Section 11-0323 of the environmental conservation law, as
amended by chapter 84 of the laws of 2010, is amended to read as
follows:
S 11-0323. Publication of Fish and Wildlife Law.
The department shall compile and index each year after the adjournment
of the legislature the laws relating to fish and wildlife as amended to
date. Copies of the compilation shall be printed in pamphlet form of
pocket size in the number for which the legislature may appropriate
funds. The department shall also prepare a syllabus of such laws and
information informing migratory game bird hunters where they can obtain
information regarding open seasons and bag limits and FEDERAL REGU-
LATIONS PURSUANT TO SECTIONS 11-1721 AND 11-1723 OF THIS ARTICLE. THE
DEPARTMENT shall deliver copies to county, city, town and village clerks
in numbers sufficient for the furnishing of one copy to each person to
whom a hunting, trapping or fishing license is issued. Each such licen-
see shall be entitled to one copy of such syllabus.
S 20. This act shall take effect immediately, except that if this act
shall have become a law on or after April 1, 2012 this act shall take
effect immediately and shall be deemed to have been in full force and
effect on and after April 1, 2012; provided that the amendments to
subdivision 2 of section 11-0931 of the environmental conservation law
made by section six of this act shall be subject to the expiration and
reversion of such subdivision pursuant to chapter 483 of the laws of
S. 6258--D 36 A. 9058--D
2010, as amended, when upon such date the provisions of section seven of
this act shall take effect.
PART I
Intentionally omitted
PART J
Section 1. Paragraph f of subdivision 1 of section 72-0402 of the
environmental conservation law, as added by chapter 99 of the laws of
2010, is amended to read as follows:
f. In any case where a generator EITHER (I) recycles more than ninety
percent of the [amount] TOTAL TONS of hazardous waste or more than nine-
ty percent of the [amount] TOTAL TONS of hazardous wastewater WHICH it
[produces in any] GENERATED DURING THAT calendar year, as certified to
the commissioner, [upon which a fee is imposed pursuant to this section,
any such fee imposed or to be imposed in such case] OR (II) RECYCLES
MORE THAN FOUR THOUSAND TONS OF HAZARDOUS WASTE OR MORE THAN FOUR THOU-
SAND TONS OF HAZARDOUS WASTEWATER WHICH IT GENERATED IN THAT CALENDAR
YEAR, AS CERTIFIED TO THE COMMISSIONER, THE FEE IMPOSED PURSUANT TO THIS
SECTION shall be [determined] CALCULATED AND IMPOSED based upon the net
amount of hazardous waste or THE NET AMOUNT OF hazardous wastewater
generated[, as applicable, which] THAT is not [so] recycled in [such]
THAT calendar year, rather than upon the gross [amount] AMOUNTS of
hazardous waste [or] AND hazardous wastewater generated in such calendar
year.
S 2. This act shall take effect immediately and shall apply to hazard-
ous waste program fee bills issued by the department of environmental
conservation after January 1, 2012 for hazardous waste or hazardous
wastewater generated during calendar year 2011 or later.
PART K
Section 1. Subdivisions 2 and 4 of section 97-1 of the state finance
law, as added by chapter 565 of the laws of 1989, are amended to read as
follows:
2. The sewage treatment program management and administration fund
[shall] MAY consist of (a) all moneys transferred to the state from the
water pollution control revolving fund pursuant to section twelve
hundred eighty-five-j of the public authorities law, (b) all OR A
PORTION OF moneys made available to New York state for the purposes of
administering and managing financial assistance provided to munici-
palities from the water pollution control revolving fund pursuant to the
Federal Water Pollution Control Act, and (c) all other moneys credited
or transferred thereto from any other fund or source pursuant to law.
Notwithstanding the foregoing, no money reserved for planning pursuant
to section six hundred four (b) of the Federal Water Pollution Control
Act shall be deposited in the sewage treatment program management and
administration fund.
4. Moneys in such fund, following appropriation by the legislature,
[shall] MAY be used, for the purpose of paying all costs of the depart-
ment of environmental conservation and New York state environmental
facilities corporation for management and administration of the sewage
treatment program established by section 17-1909 of the environmental
conservation law and of the water pollution control revolving fund
S. 6258--D 37 A. 9058--D
established by section twelve hundred eighty-five-j of the public
authorities law.
S 2. Subdivisions 2 and 4 of section 97-ddd of the state finance law,
as added by chapter 432 of the laws of 1997, are amended to read as
follows:
2. The drinking water program management and administration fund
[shall] MAY consist of (a) all moneys transferred to the state from the
drinking water revolving fund pursuant to section twelve hundred eight-
y-five-m of the public authorities law, (b) all OR A PORTION OF moneys
made available to New York state for purposes of administering and
managing financial assistance provided to recipients from the drinking
water revolving fund pursuant to the Federal Safe Drinking Water Act,
and (c) all other moneys credited or transferred thereto from any other
fund or source pursuant to law.
4. Moneys in the fund, following appropriation by the legislature,
[shall] MAY be used, for the purpose of paying all costs of the depart-
ment of health and New York state environmental facilities corporation
for management and administration of the drinking water program estab-
lished by title four of article eleven of the public health law and of
the drinking water revolving fund established by section twelve hundred
eighty-five-m of the public authorities law.
S 3. Subdivisions 5 and 7 of section 1285-j of the public authorities
law, subdivision 5 as amended by chapter 134 of the laws of 2007 and
subdivision 7 as added by chapter 565 of the laws of 1989, are amended
to read as follows:
5. The corporation [shall] MAY make payments to the sewage treatment
program management and administration fund in accordance with subdivi-
sion seven of this section to reimburse such fund for expenditures made
pursuant to appropriation to pay the cost of the corporation and the
department of environmental conservation for administering and managing
the water pollution control revolving fund program established in
section ninety-seven-l of the state finance law, for such costs. Such
reimbursement shall be made from (a) available investment earnings on
all amounts in the water pollution control revolving fund excluding all
amounts in the fund which are the subject of allocations or other finan-
cial assistance to a municipality; and (b) payments received from a
municipality for such purpose pursuant to a project financing agreement
or loan agreement; and (c) if the sources of revenue described in this
paragraph and paragraphs (a) and (b) of this subdivision are or are
anticipated to be insufficient, then from the proceeds of federal
capitalization grants, awards or assistance appropriated to the fund for
administration and management of such program.
Notwithstanding the foregoing, if the sources of revenues described in
paragraphs (a), (b) and (c) of this subdivision are at any time insuffi-
cient to make a reimbursement to the state pursuant to this subdivision
when due, the corporation shall make such reimbursement from any other
available amounts in the water pollution control revolving fund, exclud-
ing all amounts that are the subject of allocations, provided, that the
amounts paid from fund sources other than those described in paragraphs
(a), (b) and (c) of this subdivision shall be reimbursed upon a determi-
nation by the director of the budget that future revenues obtained from
sources described in paragraphs (a), (b) and (c) of this subdivision are
in excess of the amounts reasonably needed to make future reimbursements
pursuant to this subdivision.
7. The corporation [shall] MAY transfer to the sewage treatment
program management and administration fund established pursuant to
S. 6258--D 38 A. 9058--D
section ninety-seven-l of the state finance law no less frequently than
semi-monthly amounts from the fund sufficient to reimburse the sewage
treatment program management and administration fund in accordance with
the provisions of subdivision five of this section.
S 4. Subdivision 7 of section 1285-m of the public authorities law, as
added by chapter 413 of the laws of 1996, is amended to read as follows:
7. The corporation [shall] MAY transfer to the state on such schedule
as the corporation and the department of health shall agree amounts from
the fund to reimburse the state in accordance with the provisions of
subdivision five of this section.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.
PART L
Section 1. Section 140 of the agriculture and markets law, as added by
chapter 631 of the laws of 1955, subdivision 1 as amended by chapter 592
of the laws of 2003, is amended to read as follows:
S 140. Samples; publication of results of tests. 1. The commissioner
or his or her duly authorized representatives shall take samples of
seeds [and submit them to the director of the New York state agricul-
tural experiment station] for examination, analysis, and testing BY THE
DEPARTMENT. THE COMMISSIONER MAY CONTRACT WITH A QUALIFIED LABORATORY TO
PERFORM SUCH EXAMINATION, ANALYSIS, AND TESTING. When the analysis of an
official sample indicates that seed is mislabeled, the results of such
analysis shall be provided to the person responsible for the labeling of
the seed and, upon that person's request, made within fifteen days of
his or her receipt of said results, the commissioner or his or her
authorized agent shall furnish such person with a portion of the sample
taken.
2. [The director of the New York state agricultural experiment station
shall examine, analyze, or test, or cause to be examined, analyzed or
tested such samples of seeds taken under the provisions of this article
as shall be submitted to him for that purpose by the commissioner, and
shall report the results of such analysis, examination, or testing to
the commissioner. For this purpose the New York state agricultural
experiment station may establish and maintain trial grounds and a seed
laboratory with the necessary equipment, and may employ experts and
incur such expense as may be necessary to comply with the requirements
of this article.
3.] From time to time the [New York state agricultural experiment
station, in cooperation with the] department of agriculture and markets,
shall make public the results of examinations, analyses, trials, and
tests of any sample or samples so procured, together with such addi-
tional information as circumstances advise. These published results
shall be the property of the state of New York and shall not be used for
advertising or regulatory purposes by any person or agency, governmental
or otherwise without requested and granted permission of the commission-
er [of agriculture and markets].
S 2. Section 140-a of the agriculture and markets law, as added by
chapter 631 of the laws of 1955, is amended to read as follows:
S 140-a. Provision for seed tests. Any citizen of this state shall
have the privilege of submitting to the [New York state agricultural
experiment station] DEPARTMENT samples of seeds for [test] TESTING and
analysis subject to [such rules and regulations as may be adopted by the
director of said experiment station and approved by Cornell university]
S. 6258--D 39 A. 9058--D
PAYMENT OF A FEE TO THE COMMISSIONER THAT SHALL, AT A MINIMUM, COVER THE
FULL COSTS OF THE SERVICES PROVIDED. ALL MONIES RECEIVED BY THE COMMIS-
SIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN AN ACCOUNT WITHIN
THE MISCELLANEOUS SPECIAL RECEIVE FUND AND SHALL BE USED TO DEFRAY THE
EXPENSES INCIDENTAL TO CARRYING OUT THE SERVICES AUTHORIZED BY THIS
SECTION.
S 3. This act shall take effect immediately.
PART M
Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 25-d to read as follows:
25-D. THE COMMISSIONER MAY ENTER INTO A CONTRACT OR COOPERATIVE AGREE-
MENT UNDER WHICH SERVICES RELATING TO FOOD SAFETY AND INSPECTION, ANIMAL
HEALTH, INVASIVE SPECIES CONTROL, THE COLLECTION OF SAMPLES FOR RESEARCH
STUDIES AND SIMILAR SERVICES RELATING TO THE DUTIES AND RESPONSIBILITIES
OF THE DEPARTMENT MAY BE MADE AVAILABLE TO FEDERAL ENTITIES, EDUCATIONAL
ENTITIES LOCATED OUTSIDE OF THE STATE, AND STATE AND LOCAL GOVERNMENTAL
ENTITIES LOCATED OUTSIDE OF THE STATE, WHEN, IN THE COMMISSIONER'S JUDG-
MENT, SUCH CONTRACT OR COOPERATIVE AGREEMENT SHALL BE IN THE PUBLIC
INTEREST AND SHALL NOT ADVERSELY AFFECT THE DEPARTMENT'S OBLIGATIONS
UNDER THIS CHAPTER. SUCH CONTRACTS OR COOPERATIVE AGREEMENTS SHALL
REQUIRE PAYMENT BY CONTRACTORS AND COOPERATORS OF, AT A MINIMUM, THE
FULL COSTS OF THE SERVICES PROVIDED. ALL MONEYS RECEIVED BY THE COMMIS-
SIONER PURSUANT TO SUCH CONTRACTS AND AGREEMENTS SHALL BE DEPOSITED IN
AN ACCOUNT WITHIN THE MISCELLANEOUS SPECIAL REVENUE FUND AND SHALL BE
USED TO DEFRAY THE EXPENSES INCIDENTAL TO CARRYING OUT THE SERVICES
AUTHORIZED BY THIS SUBDIVISION.
S 2. This act shall take effect immediately.
PART N
Section 1. Section 251-z-3 of the agriculture and markets law, as
amended by chapter 307 of the laws of 2004, the second undesignated
paragraph as amended by section 2 of part II of chapter 59 of the laws
of 2009, is amended to read as follows:
S 251-z-3. Licenses; fees. No person shall maintain or operate a food
processing establishment unless licensed biennially by the commissioner.
Application for a license to operate a food processing establishment
shall be made, upon a form prescribed by the commissioner[, on or before
the fifteenth of the month preceding the applicable license period as
herein prescribed. The license period shall begin February fifteenth for
applicants who apply for a license between February fifteenth and May
fourteenth, May fifteenth for applicants who apply for a license between
May fifteenth and August fourteenth, August fifteenth for applicants who
apply for a license between August fifteenth and November fourteenth,
and November fifteenth for applicants who apply for a license between
November fifteenth and February fourteenth]. RENEWAL APPLICATIONS SHALL
BE SUBMITTED TO THE COMMISSIONER AT LEAST THIRTY DAYS PRIOR TO THE
COMMENCEMENT OF THE NEXT LICENSE PERIOD.
The applicant shall furnish evidence of his or her good character,
experience and competency, that the establishment has adequate facili-
ties and equipment for the business to be conducted, that the establish-
ment is such that the cleanliness of the premises can be maintained,
that the product produced therein will not become adulterated and, if
the applicant is a retail food store, that the applicant has an individ-
S. 6258--D 40 A. 9058--D
ual in a position of management or control who has completed an approved
food safety education program pursuant to section two hundred fifty-one-
z-twelve of this article. The commissioner, if so satisfied, shall issue
to the applicant, upon payment of the license fee of four hundred
dollars, a license to operate the food processing establishment
described in the application. However, the license fee shall be nine
hundred dollars for a food processing establishment determined by the
commissioner, pursuant to duly promulgated regulations, to require more
intensive regulatory oversight due to the volume of the products
produced, the potentially hazardous nature of the product produced or
the multiple number of processing operations conducted in the establish-
ment. The license application for retail food stores shall be accompa-
nied by documentation in a form approved by the commissioner which
demonstrates that the food safety education program requirement has been
met. The license shall take effect on the date of issuance and continue
[until the last day of the applicable license period set forth in this
section] FOR TWO YEARS FROM SUCH DATE.
[Notwithstanding any other provision of law to the contrary, the
commissioner is hereby authorized and directed to deposit all money
received pursuant to this section in an account within the miscellaneous
special revenue fund.]
S 2. Subdivision 4 of section 128-a of the agriculture and markets law
is REPEALED and subdivisions 5, 6, 7, 8, 9 and 10 are renumbered subdi-
visions 4, 5, 6, 7, 8 and 9.
S 3. Subdivision 3 of section 133-a of the agriculture and markets law
is REPEALED.
S 4. Section 90-b of the state finance law is REPEALED.
S 5. This act shall take effect immediately.
PART O
Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the New York state
energy research and development authority.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.
PART P
Section 1. Expenditures of moneys appropriated in a chapter of the
laws of 2012 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue funds - other/state operations, miscellaneous special revenue fund -
339, energy research and planning account, and special revenue funds -
other/aid to localities, miscellaneous special revenue fund - 339, ener-
gy research and planning account shall be subject to the provisions of
this section. Notwithstanding the provisions of subdivision 4-a of
section 18-a of the public service law, all moneys committed or expended
shall be reimbursed by assessment against gas corporations and electric
corporations as defined in section 2 of the public service law, and the
total amount which may be charged to any gas corporation and any elec-
tric corporation shall not exceed one cent per one thousand cubic feet
of gas sold and .010 cent per kilowatt-hour of electricity sold by such
corporations in their intrastate utility operations in calendar year
2010. Such amounts shall be excluded from the general assessment
S. 6258--D 41 A. 9058--D
provisions of subdivision 2 of section 18-a of the public service law,
but shall be billed and paid in the manner set forth in such subdivision
and upon receipt shall be paid to the state comptroller for deposit in
the state treasury for credit to the miscellaneous special revenue fund.
The director of the budget shall not issue a certificate of approval
with respect to the commitment and expenditure of moneys hereby appro-
priated until the chair of such authority shall have submitted, and the
director of the budget shall have approved, a comprehensive financial
plan encompassing all moneys available to and all anticipated commit-
ments and expenditures by such authority from any source for the oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.
PART Q
Intentionally omitted
PART R
Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to make loans, as
amended by section 1 of part G of chapter 60 of the laws of 2011, is
amended to read as follows:
S 2. This act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2012] 2013, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.
PART S
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968, constituting the New York state urban development
corporation act, as amended by section 1 of part KK of chapter 59 of the
laws of 2008, is amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, [upon the effective date of a
chapter of the laws of 2009 which appropriates funds for the principal
support of the urban development corporation for the 2009-2010 state
fiscal year] ON JULY 1, 2013.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009.
PART T
Intentionally Omitted
S. 6258--D 42 A. 9058--D
PART U
Section 1. Subdivision 1 of section 218 of the state finance law, as
amended by chapter 424 of the laws of 2009, is amended to read as
follows:
1. Linked loans made to certified businesses in empire zones or to
eligible businesses in highly distressed areas or to eligible businesses
that are defined in paragraph (b-1) of subdivision eleven of section two
hundred thirteen of this article that are located in a renewal community
or defined in paragraph (b-2) of such subdivision that are located in an
empowerment zone or defined in paragraph (b-3) of such subdivision that
are located in an enterprise community, respectively for eligible
projects defined in paragraph (c) of subdivision twelve of section two
hundred thirteen of this article or to minority- or women-owned business
enterprises for an eligible project defined in paragraph (e) of subdivi-
sion twelve of section two hundred thirteen of this article or to a
defense industry manufacturer for a project defined in paragraph (d) of
subdivision twelve of section two hundred thirteen of this article OR TO
AN ELIGIBLE BUSINESS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ELEVEN OF
SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE THAT PRODUCES PRODUCTS
DEFINED IN SUBDIVISION TWO OF SECTION THREE HUNDRED ONE OF THE AGRICUL-
TURE AND MARKETS LAW FOR AN ELIGIBLE PROJECT AS DEFINED IN PARAGRAPH (B)
OF SUBDIVISION TWELVE OF SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE
shall bear interest at a fixed rate equal to three percentage points
below the fixed interest rate the lender would have charged for the loan
in the absence of a linked deposit based on its usual credit consider-
ations. All other linked loans shall bear interest at a fixed rate
equal to two percentage points below the fixed interest rate the lender
would have charged for the loan in the absence of a linked deposit based
on its usual credit considerations. Lenders shall certify to the commis-
sioner of economic development that the rate to be charged on a linked
loan is two percentage points or three percentage points, as the case
may be, below the interest rate the lender would have charged for the
loan in the absence of a linked deposit.
S 2. Paragraph (a) of subdivision 11 and paragraph (b) of subdivision
12 of section 213 of the state finance law, as added by chapter 705 of
the laws of 1993, are amended to read as follows:
(a) a manufacturing firm OR AGRICULTURAL BUSINESS which employs five
hundred or fewer employees within the state on a full-time basis; or
(b) for manufacturing, AGRICULTURAL and service firms, projects which
involve the preparation of strategic plans for improving productivity
and competitiveness; the introduction of modern equipment and/or an
expansion of facilities as part of a modernization plan; the introduc-
tion of advanced technologies to improve productivity and quality;
improvements in production processes and operations, INCLUDING AGRICUL-
TURAL OPERATIONS; introduction of computerized information, reporting
and control systems; reorganization or improvement of work place systems
and the introduction of total quality and employee participation
programs; development and introduction of new products; identification
and development of new markets, including entry into foreign markets;
financial restructuring for purposes of enabling modernization activ-
ities; buyouts of viable companies by employees or local owners residing
in the state; and the provision of working capital for other moderniza-
tion activities that will improve the competitiveness and productivity
of a firm and result in the creation or retention of jobs; or
S 3. This act shall take effect immediately.
S. 6258--D 43 A. 9058--D
PART V
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.
PART W
Intentionally Omitted
PART X
Intentionally omitted
PART Y
Section 1. Section 308 of the racing, pari-mutuel wagering and breed-
ing law is amended to read as follows:
S 308. Officials at harness horse race meetings. 1. At all harness
race meetings licensed by the state racing and wagering board in accord-
ance with the provisions of sections two hundred twenty-two through
seven hundred five of this chapter qualified judges and starters shall
be designated by the state racing and wagering board. Such officials
shall enforce the rules and regulations of the state racing and wagering
board and shall render regular written reports of the activities and
conduct of such race meetings to the state racing and wagering board.
2. THE LICENSED RACING CORPORATIONS SHALL REIMBURSE THE STATE RACING
AND WAGERING BOARD FOR THE PER DIEM COST TO THE BOARD TO EMPLOY ONE
ASSOCIATE JUDGE AND THE STARTER TO SERVE AT HARNESS RACE MEETINGS. THE
BOARD SHALL NOTIFY SUCH LICENSED RACING CORPORATIONS OF THE PER DIEM
COST OF THE ASSOCIATE JUDGE AND THE STARTER PRIOR TO THE BEGINNING OF
EACH MONTH. PAYMENT OF THE REIMBURSEMENT REQUIRED BY THIS SECTION SHALL
BE MADE TO THE BOARD BY EACH ENTITY REQUIRED TO MAKE SUCH PAYMENTS ON
THE LAST BUSINESS DAY OF EACH MONTH AND SHALL COVER ALL THE COSTS
INCURRED DURING THAT MONTH. A PENALTY OF FIVE PERCENT OF PAYMENT DUE,
AND INTEREST AT THE RATE OF ONE PERCENT PER MONTH CALCULATED FROM SUCH
LAST DAY OF EACH MONTH TO THE DATE OF THE PAYMENT OF THE PER DIEM COST
SHALL BE PAYABLE IN CASE ANY PER DIEM COST IMPOSED BY THIS SUBDIVISION
IS NOT PAID WHEN DUE. THE BOARD SHALL PROMULGATE RULES AND REGULATIONS
TO ENSURE THE PROPER REIMBURSEMENT OF SUCH COSTS.
3. THE BOARD SHALL PAY INTO THE RACING REGULATION ACCOUNT, AS DEFINED
IN SECTION NINETY-NINE-I OF THE STATE FINANCE LAW, UNDER THE JOINT
CUSTODY OF THE COMPTROLLER AND THE BOARD, THE TOTAL AMOUNT OF THE
REIMBURSEMENTS COLLECTED PURSUANT TO THIS SECTION. WITH THE APPROVAL OF
THE DIRECTOR OF THE BUDGET, MONIES UTILIZED TO PAY THE COSTS AND
EXPENSES OF THE OPERATIONS OF THE BOARD SHALL BE PAID OUT OF SUCH
ACCOUNT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS, CERTI-
FIED AND APPROVED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET OR HIS
OR HER DULY DESIGNATED OFFICIAL.
4. ANY ASSOCIATE JUDGE AND STARTER WHOSE PER DIEM COSTS ARE REIMBURSED
BY A LICENSED RACING CORPORATION SHALL REMAIN EMPLOYEES OF THE STATE
RACING AND WAGERING BOARD AND SHALL RETAIN ALL THE RIGHTS AND PRIVILEGES
S. 6258--D 44 A. 9058--D
OF THEIR CURRENT CIVIL SERVICE JURISDICTIONAL CLASSIFICATION AND STATUS
AND COLLECTIVE BARGAINING UNIT REPRESENTATION.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART Z
Intentionally omitted
PART AA
Section 1. Paragraph (b) of subdivision 2 of section 2975 of the
public authorities law, as amended by section 1 of part J of chapter 60
of the laws of 2011, is amended to read as follows:
(b) On or before November first, two thousand three and on or before
November first of each year thereafter, the director of the budget shall
determine the amount owed under this section by each public benefit
corporation. The director of the budget may reduce, in whole or part,
the amount of such assessment if the payment thereof would necessitate a
state appropriation for the purpose, or would otherwise impose an
extraordinary hardship upon the affected public benefit corporation. The
aggregate amount assessed under this section in any given state fiscal
year may not exceed [sixty] SIXTY-FIVE million dollars.
S 2. This act shall take effect immediately.
PART BB
Section 1. Section 1678 of the public authorities law is amended by
adding two new subdivisions 26 and 27 to read as follows:
26. TO ENTER INTO A DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT WITH
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, PURSUANT TO WHICH ONE OR
MORE FACILITIES ARE TO BE DESIGNED, CONSTRUCTED, RECONSTRUCTED, REHABIL-
ITATED, IMPROVED, FURNISHED OR EQUIPPED FOR SUCH DEPARTMENT. ANY SUCH
DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT ENTERED INTO PURSUANT TO
THIS SUBDIVISION SHALL PROVIDE FOR THE FOLLOWING: THE SCOPE OF DESIGN
AND CONSTRUCTION MANAGEMENT SERVICES TO BE PROVIDED BY THE AUTHORITY,
THE MANNER IN WHICH THOSE SERVICES WILL BE PROVIDED, THE FEES TO BE
CHARGED BY THE AUTHORITY AND THE SOURCES OF FUNDS FOR THE PROJECTS. NO
DESIGN-BUILD CONTRACT AS DEFINED IN CHAPTER FIFTY-SIX OF THE LAWS OF TWO
THOUSAND ELEVEN SHALL BE AWARDED PURSUANT TO THIS SUBDIVISION.
27. TO ENTER INTO A DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT WITH
THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, PURSUANT TO
WHICH ONE OR MORE FACILITIES ARE TO BE DESIGNED, CONSTRUCTED, RECON-
STRUCTED, REHABILITATED, IMPROVED, FURNISHED OR EQUIPPED FOR SUCH
OFFICE. ANY SUCH DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT ENTERED
INTO PURSUANT TO THIS SUBDIVISION SHALL PROVIDE FOR THE FOLLOWING: THE
SCOPE OF DESIGN AND CONSTRUCTION MANAGEMENT SERVICES TO BE PROVIDED BY
THE AUTHORITY, THE MANNER IN WHICH THOSE SERVICES WILL BE PROVIDED, THE
FEES TO BE CHARGED BY THE AUTHORITY AND THE SOURCES OF FUNDS FOR THE
PROJECTS. NO DESIGN-BUILD CONTRACT AS DEFINED IN CHAPTER FIFTY-SIX OF
THE LAWS OF TWO THOUSAND ELEVEN SHALL BE AWARDED PURSUANT TO THIS SUBDI-
VISION.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed April 1, 2013.
S. 6258--D 45 A. 9058--D
PART CC
Intentionally omitted
PART DD
Section 1. Subdivision 4 of section 1896 of the public authorities
law, as added by chapter 388 of the laws of 2011, is amended and a new
subdivision 5 is added to read as follows:
4. [(a)] Qualified energy efficiency services [repaid through an
on-bill recovery mechanism] THAT HAVE BEEN PAID FOR IN WHOLE OR IN PART
WITH THE PROCEEDS OF A LOAN UNDER THIS TITLE shall be considered a
special energy project pursuant to section eighteen hundred fifty-one of
this article. [The New York state energy research and development
authority shall secure every loan issued for such services that are to
be repaid through an on-bill recovery mechanism with a mortgage upon the
real property that is improved by such services. Such mortgage shall be
recorded pursuant to section two hundred ninety-one-d of the real prop-
erty law.
(b) All terms and provisions of a green jobs-green New York mortgage
pursuant to this subdivision shall be subject and subordinate to the
lien of any mortgage or mortgages on such property. When a subsequent
purchaser of the property is granted a mortgage, the green jobs-green
New York mortgage shall be subordinate to the terms of that mortgage.
(c) The mortgagee shall not retain any right to enforce payment or
foreclose upon the property.]
5. (A) FOR EACH LOAN ISSUED FOR QUALIFIED ENERGY EFFICIENCY SERVICES
THAT IS TO BE REPAID THROUGH AN ON-BILL RECOVERY MECHANISM, THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL RECORD, PURSUANT
TO ARTICLE NINE OF THE REAL PROPERTY LAW, IN THE OFFICE OF THE APPROPRI-
ATE RECORDING OFFICER, A DECLARATION WITH RESPECT TO THE PROPERTY
IMPROVED BY SUCH SERVICES OF THE EXISTENCE OF THE LOAN AND STATING THE
TOTAL AMOUNT OF THE LOAN, THE TERM OF THE LOAN, AND THAT THE LOAN IS
BEING REPAID THROUGH A CHARGE ON AN ELECTRIC OR GAS METER ASSOCIATED
WITH THE PROPERTY. THE DECLARATION SHALL FURTHER STATE THAT IT IS BEING
FILED PURSUANT TO THIS SECTION AND, UNLESS FULLY SATISFIED PRIOR TO SALE
OR TRANSFER OF THE PROPERTY, THE LOAN REPAYMENT UTILITY METER CHARGE
SHALL SURVIVE CHANGES IN OWNERSHIP, TENANCY, OR METER ACCOUNT RESPONSI-
BILITY AND, UNTIL FULLY SATISFIED, SHALL CONSTITUTE THE OBLIGATION OF
THE PERSON RESPONSIBLE FOR THE METER ACCOUNT. SUCH DECLARATION SHALL NOT
CONSTITUTE A MORTGAGE AND SHALL NOT CREATE ANY SECURITY INTEREST OR LIEN
ON THE PROPERTY. UPON SATISFACTION OF THE LOAN, THE AUTHORITY SHALL FILE
A DECLARATION OF REPAYMENT PURSUANT TO ARTICLE NINE OF THE REAL PROPERTY
LAW.
(B) THE RECORDING OFFICER SHALL RECORD SUCH DECLARATIONS IN THE SAME
BOOK, PROVIDED UNDER SECTION THREE HUNDRED FIFTEEN OF THE REAL PROPERTY
LAW, IN WHICH SUCH RECORDING OFFICER RECORDS DEEDS.
S 2. The real property law is amended by adding a new section 291-j to
read as follows:
S 291-J. RECORDING OF DECLARATIONS BY THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY. PURSUANT TO SUBDIVISION FIVE OF
SECTION EIGHTEEN HUNDRED NINETY-SIX OF THE PUBLIC AUTHORITIES LAW, THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL RECORD OR
CAUSE TO BE RECORDED, IN THE OFFICE OF THE APPROPRIATE RECORDING OFFI-
CER, A DECLARATION EVIDENCING THE EXISTENCE OF A LOAN AS DESCRIBED THER-
EIN AND, UPON SATISFACTION OF SUCH LOAN, SUCH AUTHORITY SHALL FILE A
S. 6258--D 46 A. 9058--D
DECLARATION OF REPAYMENT AND FULL SATISFACTION OF THE LOAN REPAYMENT
UTILITY METER CHARGE. THE RECORDING OFFICER SHALL RECORD SUCH DECLARA-
TIONS IN THE SAME BOOK, PROVIDED UNDER SECTION THREE HUNDRED FIFTEEN OF
THE REAL PROPERTY LAW, IN WHICH SUCH RECORDING OFFICER RECORDS DEEDS.
S 3. This act shall take effect immediately.
PART EE
Section 1. Subdivision 3 of section 19-0323 of the environmental
conservation law, as amended by section 1 of part BB of chapter 60 of
the laws of 2011 and the closing paragraph as added by chapter 629 of
the laws of 2006, is amended to read as follows:
3. Any diesel powered heavy duty vehicle that is owned by, operated by
or on behalf of, or leased by a state agency and state and regional
public authority with more than half of its governing body appointed by
the governor shall utilize the best available retrofit technology for
reducing the emission of pollutants. The commissioner shall promulgate
regulations for the implementation of this subdivision specifying that
all vehicles covered by this subdivision shall have best available
retrofit technology on or before December 31, [2012] 2013.
This subdivision shall not apply to any vehicle subject to a lease or
public works contract entered into or renewed prior to the effective
date of this section.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after December 31, 2012.
PART FF
Section 1. The environmental conservation law is amended by adding a
new section 11-0706 to read as follows:
S 11-0706. GIFT CARDS FOR HUNTING AND FISHING LICENSES.
1. THE COMMISSIONER IS AUTHORIZED TO ESTABLISH GIFT CARDS FOR THE
LICENSES AND STAMPS SET FORTH IN SECTION 11-0701 OF THIS TITLE.
2. FOR THE PURPOSES OF THIS TITLE, THE TERM "GIFT CARD" SHALL MEAN A
RESTRICTED MONETARY EQUIVALENT OR VOUCHER THAT, WHEN REDEEMED BY THE
HOLDER, ENTITLES SUCH PERSON TO A VALID LICENSE OR STAMP AS SET FORTH IN
SECTION 11-0701 OF THIS TITLE.
S 2. This act shall take effect immediately.
PART GG
Section 1. Short title. This act shall be known and may be cited as
the "western New York power proceeds allocation act".
S 2. The economic development law is amended by adding a new article
6-A to read as follows:
ARTICLE 6-A
WESTERN NEW YORK POWER PROCEEDS ALLOCATION ACT
SECTION 189-A. DEFINITIONS.
189-B. THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD.
189-C. GENERAL POWERS AND DUTIES OF THE BOARD.
189-D. RULES AND REGULATIONS.
S 189-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "AUTHORITY" IS THE POWER AUTHORITY OF THE STATE OF NEW YORK.
2. "BOARD" IS THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD
CREATED BY THIS ARTICLE.
S. 6258--D 47 A. 9058--D
3. "BENEFITS" OR "FUND BENEFITS" ARE PAYMENTS TO ELIGIBLE APPLICANTS
SELECTED BY THE AUTHORITY FOR THE PURPOSE OF FUNDING ELIGIBLE PROJECTS
WITH MONIES DERIVED FROM NET EARNINGS THAT HAVE BEEN DEPOSITED INTO THE
WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND.
4. "ELIGIBLE APPLICANT" MEANS A PRIVATE BUSINESS, INCLUDING A
NOT-FOR-PROFIT CORPORATION.
5. "ELIGIBLE PROJECTS" ARE ECONOMIC DEVELOPMENT PROJECTS BY ELIGIBLE
APPLICANTS THAT ARE PHYSICALLY LOCATED WITHIN THE STATE OF NEW YORK
WITHIN A THIRTY MILE RADIUS OF THE NIAGARA POWER PROJECT LOCATED IN
LEWISTON, NEW YORK THAT WILL SUPPORT THE GROWTH OF BUSINESS IN THE STATE
AND THEREBY LEAD TO THE CREATION OR MAINTENANCE OF JOBS AND TAX REVENUES
FOR THE STATE AND LOCAL GOVERNMENTS. ELIGIBLE PROJECTS MAY INCLUDE CAPI-
TAL INVESTMENTS IN BUILDINGS, EQUIPMENT, AND ASSOCIATED INFRASTRUCTURE
(COLLECTIVELY, "INFRASTRUCTURE") OWNED BY AN ELIGIBLE APPLICANT FOR FUND
BENEFITS; TRANSPORTATION PROJECTS UNDER STATE OR FEDERALLY APPROVED
PLANS; THE ACQUISITION OF LAND NEEDED FOR INFRASTRUCTURE; RESEARCH AND
DEVELOPMENT WHERE THE RESULTS OF SUCH RESEARCH AND DEVELOPMENT WILL
DIRECTLY BENEFIT NEW YORK STATE; SUPPORT FOR TOURISM AND MARKETING AND
ADVERTISING EFFORTS FOR WESTERN NEW YORK STATE TOURISM AND BUSINESS; AND
ENERGY-RELATED PROJECTS. ELIGIBLE PROJECTS DO NOT INCLUDE, AND FUND
BENEFITS MAY NOT BE USED FOR, PUBLIC INTEREST ADVERTISING OR ADVOCACY;
LOBBYING; THE SUPPORT OR OPPOSITION OF ANY CANDIDATE FOR PUBLIC OFFICE;
THE SUPPORT OR OPPOSITION TO ANY PUBLIC ISSUE; LEGAL FEES RELATED TO
LITIGATION OF ANY KIND; EXPENSES RELATED TO ADMINISTRATIVE PROCEEDINGS
BEFORE STATE OR LOCAL AGENCIES; OR RETAIL BUSINESSES AS DEFINED BY THE
BOARD, INCLUDING WITHOUT LIMITATION, SPORTS VENUES, GAMING AND GAMBLING
OR ENTERTAINMENT-RELATED ESTABLISHMENTS, RESIDENTIAL PROPERTIES, OR
PLACES OF OVERNIGHT ACCOMMODATION.
6. "ENERGY-RELATED PROJECTS, PROGRAMS AND SERVICES" SHALL HAVE THE
SAME MEANING AS SUCH TERM IS DEFINED IN SUBPARAGRAPH TWO OF PARAGRAPH
(B) OF SUBDIVISION SEVENTEEN OF SECTION ONE THOUSAND FIVE OF THE PUBLIC
AUTHORITIES LAW.
7. "EXPANSION POWER" IS THE TWO HUNDRED FIFTY MEGAWATTS OF FIRM
NIAGARA PROJECT HYDROELECTRIC POWER AND "REPLACEMENT POWER" IS THE FOUR
HUNDRED FORTY-FIVE MEGAWATTS OF FIRM NIAGARA PROJECT HYDROELECTRIC POWER
AS SUCH TERMS ARE DEFINED IN SUBDIVISION THIRTEEN OF SECTION ONE THOU-
SAND FIVE OF THE PUBLIC AUTHORITIES LAW. FOR PURPOSES OF THIS ARTICLE,
"EXPANSION AND REPLACEMENT POWER" MEANS THE ENERGY ASSOCIATED WITH SUCH
POWER. NOTWITHSTANDING ANY LAW, RULE, REGULATION, OR POLICY TO THE
CONTRARY, AS OF THE FIRST DAY OF JULY, TWO THOUSAND TWELVE, THE TERM
REPLACEMENT POWER AS USED IN THIS ARTICLE INCLUDES A CERTAIN SEVENTY
MEGAWATTS OF POWER THAT IS REFERRED TO IN SUBDIVISION THIRTEEN OF
SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW.
8. "NET EARNINGS" IS THE AGGREGATE EXCESS OF REVENUES RECEIVED BY THE
POWER AUTHORITY OF THE STATE OF NEW YORK FROM THE SALE OF EXPANSION AND
REPLACEMENT POWER AND ENERGY PRODUCED AT THE NIAGARA PROJECT THAT WAS
SOLD IN THE WHOLESALE ENERGY MARKET OVER WHAT REVENUES WOULD HAVE BEEN
RECEIVED HAD SUCH ENERGY BEEN SOLD ON A FIRM BASIS TO AN ELIGIBLE EXPAN-
SION OR REPLACEMENT POWER CUSTOMER UNDER THE APPLICABLE TARIFF OR
CONTRACT.
9. "WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND" OR "FUND" IS A FUND OF
THE AUTHORITY INTO WHICH ALL NET EARNINGS ARE DEPOSITED BY THE AUTHORITY
IN ACCORDANCE WITH SUBDIVISION TWENTY OF SECTION ONE THOUSAND FIVE OF
THE PUBLIC AUTHORITIES LAW AND FROM WHICH ALLOCATIONS OF FUND BENEFITS
TO ELIGIBLE PROJECTS MAY BE MADE.
S. 6258--D 48 A. 9058--D
S 189-B. THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD. 1.
THERE IS HEREBY CREATED THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD, WHICH SHALL POSSESS THE POWERS AND DUTIES HEREIN SPECIFIED. THE
BOARD SHALL CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVER-
NOR AS FOLLOWS: ONE OF WHOM SHALL BE APPOINTED UPON THE RECOMMENDATION
OF THE TEMPORARY PRESIDENT OF THE SENATE AND SHALL RESIDE WITHIN THE
THIRTY MILE RADIUS OF THE NIAGARA POWER PROJECT, ONE OF WHOM SHALL BE
APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY AND
SHALL RESIDE WITHIN THE THIRTY MILE RADIUS OF THE NIAGARA POWER PROJECT,
AND AT LEAST ONE ADDITIONAL MEMBER WHO SHALL ALSO RESIDE WITHIN THE
THIRTY MILE RADIUS OF THE NIAGARA POWER PROJECT. THE GOVERNOR SHALL
DESIGNATE A CHAIR FROM AMONGST THE BOARD'S MEMBERS.
2. EACH MEMBER SHALL SERVE A TERM OF FIVE YEARS OR UNTIL A SUCCESSOR
SHALL HAVE BEEN NAMED AND QUALIFIED. MEMBERS MAY BE REAPPOINTED TO
SUCCESSIVE TERMS.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THREE
MEMBERS SHALL CONSTITUTE A QUORUM FOR THE PURPOSES OF ORGANIZING THE
BOARD AND CONDUCTING THE BUSINESS THEREOF. NO ACTION OF THE BOARD MAY BE
TAKEN EXCEPT UPON AN AFFIRMATIVE VOTE OF AT LEAST THREE-FIFTHS OF THE
FULL BOARD MEMBERSHIP AT ANY MEETING AT WHICH AT LEAST THREE MEMBERS ARE
PRESENT OR PARTICIPATING BY VIDEOCONFERENCING. VIDEOCONFERENCING MAY BE
USED FOR ATTENDANCE AND PARTICIPATION BY MEMBERS OF THE BOARD. IF VIDEO-
CONFERENCING IS USED, THE BOARD SHALL PROVIDE AN OPPORTUNITY FOR THE
PUBLIC TO ATTEND, LISTEN AND OBSERVE AT ANY SITE AT WHICH A MEMBER
PARTICIPATES. THE PUBLIC NOTICE FOR THE MEETING SHALL IDENTIFY, IF PRAC-
TICABLE, ALL LOCATIONS WHERE A MEMBER WILL PARTICIPATE IN THE MEETING BY
VIDEOCONFERENCE AND SHALL STATE THAT THE PUBLIC HAS THE RIGHT TO ATTEND
THE MEETING AT ANY SUCH LOCATION.
4. MEMBERS OF THE BOARD, EXCEPT THOSE THAT ARE EMPLOYEES OR OFFICERS
OF THE STATE, ITS AUTHORITIES OR AGENCIES, SHALL NOT RECEIVE A SALARY OR
OTHER COMPENSATION, BUT SHALL BE ALLOWED THE NECESSARY AND ACTUAL
EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES UNDER THIS ARTICLE.
S 189-C. GENERAL POWERS AND DUTIES OF THE BOARD. 1. THE BOARD SHALL
ESTABLISH PROCEDURES AND GUIDELINES RELATING TO THE ACTIVITIES OF THE
BOARD.
2. THE BOARD SHALL ESTABLISH PROCEDURES THROUGH WRITTEN POLICIES OR
STANDARDS FOR REVIEWING APPLICATIONS FOR AN ALLOCATION OF FUND BENEFITS
THAT SHALL INCLUDE A REVIEW OF APPLICATIONS NO LESS FREQUENTLY THAN
TWICE EACH YEAR. THE BOARD, OR A MEMBER DESIGNATED BY THE BOARD, SHALL
RECEIVE ALL APPLICATIONS FROM, OR ON BEHALF OF, ELIGIBLE APPLICANTS FOR
FUND BENEFITS. APPLICATIONS SHALL BE IN A FORM AND CONTAIN SUCH INFORMA-
TION, DATA AND EXHIBITS AS THE BOARD, IN CONSULTATION WITH THE AUTHORI-
TY, MAY PRESCRIBE.
3. THE BOARD MAY REQUEST FROM THE AUTHORITY AN ANALYSIS OF ANY APPLI-
CATION ALONG WITH ANY RECOMMENDATIONS. IN ADDITION, THE AUTHORITY SHALL
SUPPLY ANY SUCH ADDITIONAL INFORMATION AS IS REASONABLY NECESSARY FOR
THE BOARD TO PERFORM ITS DUTIES.
4. IN REVIEWING APPLICATIONS FOR FUND BENEFITS, THE BOARD SHALL USE
THE CRITERIA FOR ELIGIBILITY FOR EXPANSION, REPLACEMENT AND PRESERVATION
POWER AND FOR REVITALIZATION OF INDUSTRY AS PROVIDED IN SECTION ONE
THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW. IN ADDITION, THE BOARD
SHALL CONSIDER THE EXTENT TO WHICH AN AWARD OF FUND BENEFITS IS CONSIST-
ENT WITH ANY REGIONAL ECONOMIC DEVELOPMENT COUNCIL STRATEGIES AND PRIOR-
ITIES HAVING RESPONSIBILITY FOR THE REGION IN WHICH THE ELIGIBLE PROJECT
IS LOCATED. THE BOARD SHALL ISSUE A WRITTEN STATEMENT OF ITS FINDINGS
AND RECOMMENDATIONS FOR EACH APPLICATION REVIEWED.
S. 6258--D 49 A. 9058--D
5. THE BOARD SHALL RECOMMEND TO THE AUTHORITY THE ALLOCATION OF FUND
BENEFITS TO ELIGIBLE PROJECTS THAT THE BOARD FINDS ARE CONSISTENT WITH
THE APPLICABLE CRITERIA IN SUBDIVISION FOUR OF THIS SECTION. THE BOARD
MAY INCLUDE WITHIN ITS RECOMMENDATIONS SUCH RECOMMENDED TERMS AND CONDI-
TIONS AS IT DEEMS APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, REASONABLE
PROVISION FOR THE ALLOCATION OF FUND BENEFITS OVER TIME AS THE ELIGIBLE
APPLICANT ACHIEVES MILESTONES TOWARDS PROJECT COMPLETION, THE PARTIAL OR
COMPLETE WITHDRAWAL OR RETURN OF FUND BENEFITS WHERE THE RECIPIENT HAS
FAILED TO ACHIEVE OR MAINTAIN MUTUALLY AGREED UPON COMMITMENTS, OR SUCH
OTHER TERMS AND CONDITIONS AS THE BOARD DEEMS ADVISABLE. THE BOARD SHALL
NOT RECOMMEND AN ALLOCATION OF FUND BENEFITS PRIOR TO ESTABLISHING
PROCEDURES FOR REVIEWING APPLICATIONS PURSUANT TO SUBDIVISION TWO OF
THIS SECTION.
6. A RECOMMENDATION BY THE BOARD THAT AN ELIGIBLE APPLICANT RECEIVE AN
ALLOCATION OF FUND BENEFITS SHALL BE A PREREQUISITE TO AN AWARD OF FUND
BENEFITS BY THE AUTHORITY. THE AUTHORITY SHALL AWARD FUND BENEFITS TO AN
APPLICANT UPON A RECOMMENDATION OF THE BOARD; PROVIDED, HOWEVER, THAT
UPON A SHOWING OF GOOD CAUSE, THE AUTHORITY SHALL HAVE DISCRETION AS TO
WHETHER TO ADOPT THE BOARD'S RECOMMENDATION, OR TO AWARD BENEFITS IN A
DIFFERENT AMOUNT OR ON DIFFERENT TERMS AND CONDITIONS THAN THOSE
CONTAINED IN THE RECOMMENDATION OF THE BOARD. ALLOCATIONS OF FUND BENE-
FITS SHALL ONLY BE MADE ON THE BASIS OF NET EARNINGS THAT HAVE BEEN
DEPOSITED IN THE WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND. NO AWARD OF
FUND BENEFITS SHALL ENCUMBER FUTURE NET EARNINGS OR NET EARNINGS THAT
HAVE BEEN RECEIVED BUT NOT DEPOSITED IN THE WESTERN NEW YORK ECONOMIC
DEVELOPMENT FUND.
7. UPON MAKING AN ALLOCATION OF FUND BENEFITS, THE AUTHORITY SHALL
INCLUDE WITHIN THE AGREEMENT PROVIDING FOR THE TERMS AND CONDITIONS
APPLICABLE TO SUCH ALLOCATION ALL TERMS AND CONDITIONS THE AUTHORITY
DEEMS APPROPRIATE, TAKING INTO ACCOUNT THE RECOMMENDATIONS MADE BY THE
BOARD.
S 189-D. RULES AND REGULATIONS. THE AUTHORITY IS HEREBY AUTHORIZED TO
PROMULGATE SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY TO FULFILL
THE PURPOSES OF THIS ARTICLE.
S 3. Section 1005 of the public authorities law is amended by adding
five new subdivisions 19, 20, 21, 22 and 23 to read as follows:
19. TO COOPERATE WITH THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD AND PROVIDE THE BOARD WITH SUCH INFORMATION AND ASSISTANCE AS THE
BOARD REASONABLY REQUESTS, INCLUDING REASONABLE STAFF SERVICES, ACCOUNT-
ING, CLERICAL AND SECRETARIAL ASSISTANCE, OFFICE SPACE, AND EQUIPMENT
REASONABLY REQUESTED BY THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD TO FULFILL ITS DUTIES.
20. TO ESTABLISH AN ACCOUNT TO BE KNOWN AS THE WESTERN NEW YORK
ECONOMIC DEVELOPMENT FUND, WHICH SHALL CONSIST OF "NET EARNINGS" AS
DEFINED IN ARTICLE SIX-A OF THE ECONOMIC DEVELOPMENT LAW, DEPOSITED IN
SUCH AMOUNTS AS DETERMINED TO BE FEASIBLE AND ADVISABLE BY THE TRUSTEES.
SUCH EARNINGS SHALL BE DEPOSITED NO LESS FREQUENTLY THAN QUARTERLY. THE
FIRST DEPOSIT INTO THE FUND SHALL BE MADE NINETY DAYS AFTER THE EFFEC-
TIVE DATE OF THIS SUBDIVISION, AND SHALL INCLUDE ALL SUCH NET EARNINGS
ACCRUED SINCE THE EFFECTIVE DATE OF CHAPTER FOUR HUNDRED THIRTY-SIX OF
THE LAWS OF TWO THOUSAND TEN. AT LEAST FIFTEEN PERCENT OF SUCH FUNDS
SHALL BE DEDICATED TOWARDS ELIGIBLE PROJECTS WHICH ARE ENERGY-RELATED
PROJECTS, PROGRAMS AND SERVICES AS SUCH TERM IS DEFINED IN SUBPARAGRAPH
TWO OF PARAGRAPH (B) OF SUBDIVISION SEVENTEEN OF THIS SECTION. IN ADDI-
TION TO FUNDING ELIGIBLE PROJECTS, AS DEFINED IN ARTICLE SIX-A OF THE
ECONOMIC DEVELOPMENT LAW, THE AUTHORITY MAY USE WESTERN NEW YORK ECONOM-
S. 6258--D 50 A. 9058--D
IC DEVELOPMENT FUND MONIES TO COVER REASONABLE COSTS AND EXPENSES OF THE
AUTHORITY RELATED TO THE MANAGEMENT AND ADMINISTRATION OF THE WESTERN
NEW YORK POWER PROCEEDS ALLOCATION PROGRAM CREATED BY ARTICLE SIX-A OF
THE ECONOMIC DEVELOPMENT LAW.
21. THE AUTHORITY MAY, IN ITS DISCRETION, CONSULT WITH THE WESTERN NEW
YORK POWER PROCEEDS ALLOCATION BOARD IN THE APPLICATION PROCESS RELATING
TO THE ALLOCATION OF EXPANSION POWER AND REPLACEMENT POWER.
22. THE AUTHORITY SHALL ESTABLISH PROCESSES FOR APPLICATION REVIEW AND
ALLOCATION OF FUND BENEFITS PROVIDED FOR IN ARTICLE SIX-A OF THE ECONOM-
IC DEVELOPMENT LAW.
23. THE AUTHORITY SHALL INCLUDE IN THE ANNUAL REPORT PREPARED PURSUANT
TO SUBDIVISION EIGHTEEN OF THIS SECTION, AN ACCOUNTING FOR THE SUBJECT
YEAR THAT PROVIDES (A) THE AMOUNT OF EXPANSION POWER AND REPLACEMENT
POWER SOLD INTO THE WHOLESALE MARKET BY THE AUTHORITY, AND (B) THE NET
EARNINGS, AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED EIGHTY-NINE-A
OF THE ECONOMIC DEVELOPMENT LAW, PAID INTO THE WESTERN NEW YORK ECONOMIC
DEVELOPMENT FUND.
S 4. Chapter 436 of the laws of 2010 amending the public authorities
law and the economic development law, relating to authorizing unallo-
cated expansion or replacement power to be allocated for western New
York economic development fund benefits, is REPEALED.
S 5. This act shall take effect immediately.
PART HH
Section 1. The state finance law is amended by adding a new article
5-E to read as follows:
ARTICLE 5-E
INFRASTRUCTURE INVESTMENT
SECTION 69-I. THE NEW YORK WORKS TASK FORCE.
69-J. THE NEW YORK WORKS TASK FORCE; GOVERNANCE.
69-K. THE NEW YORK WORKS TASK FORCE; EXECUTIVE DIRECTOR, EMPLOY-
EES.
69-L. THE NEW YORK WORKS TASK FORCE; CODE OF CONDUCT.
S 69-I. THE NEW YORK WORKS TASK FORCE. 1. THERE SHALL BE A NEW YORK
WORKS TASK FORCE THAT WILL ADVISE ON COORDINATING THE CAPITAL PLANS OF
NEW YORK STATE AGENCIES AND AUTHORITIES, INCLUDING LEVERAGING AND ACCEL-
ERATING FUNDING STREAMS AND FINANCING MECHANISMS TO ENHANCE INFRASTRUC-
TURE INVESTMENT THROUGHOUT NEW YORK STATE.
2. THE NEW YORK WORKS TASK FORCE SHALL:
(A) DEVELOP A COORDINATED CAPITAL INFRASTRUCTURE PLAN AMONG STATE
AGENCIES AND AUTHORITIES. THE PLAN SHALL FOCUS ON THE EFFICIENT AND
ACCELERATED DEPLOYMENT OF RESOURCES TO MEET REGIONAL AND STATEWIDE
INFRASTRUCTURE NEEDS AND SHALL CONSIDER THE EXTENT TO WHICH THE PLAN IS
CONSISTENT WITH THE REGIONAL ECONOMIC DEVELOPMENT PLANS DESIGNATED BY
THE CHAIR OF THE URBAN DEVELOPMENT CORPORATION;
(B) RECOMMEND PRIORITIZATION OF CAPITAL INFRASTRUCTURE PROJECTS AND
THE ALLOCATION OF CAPITAL RESOURCES;
(C) MAKE RECOMMENDATIONS ON FACILITATING THE EXPEDITING OF PERMIT
APPROVALS, REGULATORY APPROVALS, AND OTHER STATE ACTIONS NECESSARY TO
ADVANCE PRIORITY INFRASTRUCTURE PROJECTS;
(D) RECOMMEND FINANCING OPTIONS FOR INFRASTRUCTURE PROJECTS INCLUDING
BUT NOT LIMITED TO STATE SUPPORTED DEBT, FEDERAL FUNDING AND OTHER
FINANCE VEHICLES; AND
(E) ADVISE STATE AGENCIES AND AUTHORITIES ON THE USE OF METHODS OF
PROCUREMENT AND CONTRACTING.
S. 6258--D 51 A. 9058--D
3. THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE A TWO-YEAR CAPITAL
PLAN FOR THE YEARS TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND TWO
THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN TO THE NEW YORK WORKS TASK FORCE
FOR ITS ADVICE AND RECOMMENDATIONS TO COORDINATE AND ADDRESS REGIONAL
TRANSPORTATION NEEDS.
4. THE NEW YORK WORKS TASK FORCE SHALL PRODUCE AN INFRASTRUCTURE
REPORT INCLUDING THE CAPITAL PLAN SUBMITTED TO IT PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, MINORITY LEADER OF THE SENATE AND
MINORITY LEADER OF THE ASSEMBLY ANNUALLY ON SEPTEMBER FIRST.
S 69-J. THE NEW YORK WORKS TASK FORCE; GOVERNANCE. 1. THE NEW YORK
WORKS TASK FORCE SHALL CONSIST OF FIFTEEN MEMBERS, EACH OF WHOM SHALL BE
APPOINTED BY THE GOVERNOR AND TWO OF WHOM SHALL BE APPOINTED UPON RECOM-
MENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE, TWO OF WHOM SHALL BE
APPOINTED UPON RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, ONE OF
WHOM SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE MINORITY LEADER
OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED UPON THE RECOMMENDATION
OF THE MINORITY LEADER OF THE ASSEMBLY. AT LEAST ONE OF THE MEMBERS
APPOINTED BY THE GOVERNOR SHALL REPRESENT ORGANIZED LABOR. THE MEMBERS
APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE MINORITY LEADER
OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY SHALL BE NON-VOT-
ING MEMBERS. EACH PERSON APPOINTED TO THE NEW YORK WORKS TASK FORCE
SHALL HAVE PROFESSIONAL EXPERIENCE IN ANY ONE OR MORE OF THE FOLLOWING
AREAS: (A) THE DEVELOPMENT, CONSTRUCTION, OWNERSHIP, MAINTENANCE,
MANAGEMENT OR FINANCE OF INFRASTRUCTURE ASSETS; (B) ECONOMIC DEVELOPMENT
OR PROJECT DEVELOPMENT OR FINANCE; OR (C) LABOR RELATIONS.
2. THE NEW YORK WORKS TASK FORCE SHALL ESTABLISH AN IMPLEMENTATION
COUNCIL COMPRISED OF: THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE
COMMISSIONERS OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT, THE DEPARTMENT
OF TRANSPORTATION, THE OFFICE OF GENERAL SERVICES, THE DEPARTMENT OF
LABOR, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE OFFICE OF
PARKS, RECREATION AND HISTORIC PRESERVATION, THE SECRETARY OF STATE, THE
CHANCELLORS OF THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY
OF NEW YORK, THE PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE ENVIRON-
MENTAL FACILITIES CORPORATION, AND THE EXECUTIVE DIRECTORS OF THE DORMI-
TORY AUTHORITY OF THE STATE OF NEW YORK, THE NEW YORK POWER AUTHORITY,
THE LONG ISLAND POWER AUTHORITY, THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY, THE NEW YORK STATE BRIDGE AUTHORITY, THE METRO-
POLITAN TRANSPORTATION AUTHORITY, THE NEW YORK STATE THRUWAY AUTHORITY
AND THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE DIRECTOR OF STATE
OPERATIONS AND SUCH OTHER MEMBERS AS THE NEW YORK WORKS TASK FORCE OR
THE GOVERNOR MAY DETERMINE SHALL FACILITATE THE PURPOSES OF THE NEW YORK
WORKS TASK FORCE. EACH MEMBER OF THE IMPLEMENTATION COUNCIL MAY DESIG-
NATE AN INDIVIDUAL TO ATTEND AND PARTICIPATE IN NEW YORK WORKS TASK
FORCE MEETINGS AND DELIBERATIONS ON HIS OR HER BEHALF.
3. UPON RECOMMENDATION OF THE NOMINATING PARTY, THE GOVERNOR MAY
REPLACE ANY MEMBER IN ACCORDANCE WITH THE PROVISION CONTAINED HEREIN FOR
THE APPOINTMENT OF MEMBERS. VACANCIES OCCURRING IN THE NEW YORK WORKS
TASK FORCE SHALL BE FILLED BY USING THE SAME APPOINTMENT PROCEDURE
ESTABLISHED HEREIN.
4. NO OFFICER OR EMPLOYEE OF THE STATE, OF ANY POLITICAL SUBDIVISION
OF THE STATE, OF ANY GOVERNMENTAL ENTITY OPERATING ANY PUBLIC SCHOOL OR
COLLEGE OR OF ANY OTHER PUBLIC AGENCY OR INSTRUMENTALITY OR UNIT OF
GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWERS UNDER THE LAWS OF THE
STATE, SHALL FORFEIT SUCH OFFICE OR EMPLOYMENT BY REASON OF ACCEPTANCE
OF APPOINTMENT AS A MEMBER OF THE NEW YORK WORKS TASK FORCE; NOR SHALL
S. 6258--D 52 A. 9058--D
SERVICE AS SUCH MEMBER, REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT OF
THE NEW YORK WORKS TASK FORCE BE DEEMED INCOMPATIBLE OR IN CONFLICT WITH
SUCH OFFICE OR EMPLOYMENT.
5. NEW YORK WORKS TASK FORCE MEMBERS SHALL RECEIVE NO REMUNERATION FOR
THEIR SERVICES AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PROVIDED,
HOWEVER, THAT SUCH MEMBERS ARE NOT, AT THE SAME TIME SUCH EXPENSES ARE
INCURRED, PUBLIC EMPLOYEES OTHERWISE ENTITLED TO SUCH REIMBURSEMENT.
6. THE NEW YORK WORKS TASK FORCE MAY CREATE SUCH COMMITTEES AS IT
DEEMS NECESSARY. THE FIRST MEETING OF THE NEW YORK WORKS TASK FORCE
SHALL BE HELD WITHIN THIRTY DAYS AFTER ALL MEMBERS ARE INITIALLY
APPOINTED. AT THE FIRST MEETING OF THE NEW YORK WORKS TASK FORCE AND AT
THE FIRST MEETING IN EACH SUBSEQUENT YEAR, THE NEW YORK WORKS TASK FORCE
SHALL ELECT FROM AMONG ITS MEMBERS A CHAIR AND A SECRETARY AND SUCH
OTHER OFFICERS AS IT SHALL DEEM NECESSARY. THE NEW YORK WORKS TASK FORCE
OR ANY COMMITTEE THEREOF MAY HOLD MEETINGS BY ELECTRONIC MEANS CONSIST-
ENT WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
S 69-K. THE NEW YORK WORKS TASK FORCE; EXECUTIVE DIRECTOR, EMPLOYEES.
THE GOVERNOR MAY DESIGNATE AN INDIVIDUAL TO ACT AS EXECUTIVE DIRECTOR OF
THE NEW YORK WORKS TASK FORCE AND MAY ASSIGN FROM TIME TO TIME SUCH
OTHER EMPLOYEES AS THE NEW YORK WORKS TASK FORCE MAY REQUIRE.
S 69-L. THE NEW YORK WORKS TASK FORCE; CODE OF CONDUCT. THE NEW YORK
WORKS TASK FORCE SHALL ESTABLISH A CODE OF CONDUCT CONSISTENT WITH
SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW AND WHICH SHALL, AMONG
OTHER THINGS, ADDRESS POTENTIAL CONFLICTS OF INTEREST AND PROVIDE FOR
PERIODS OF DISQUALIFICATION, CONSISTENT WITH THOSE PERIODS PRESCRIBED
UNDER SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW, DURING WHICH
MEMBERS OF THE NEW YORK WORKS TASK FORCE MAY NOT ENGAGE IN CERTAIN
ACTIVITIES RELATED TO MATTERS BEFORE IT.
S 2. This act shall take effect immediately.
PART II
Section 1. The racing, pari-mutuel wagering and breeding law is
amended by adding a new section 911 to read as follows:
S 911. ADVANCE DEPOSIT WAGERING. THE RACING AND WAGERING BOARD SHALL
STUDY THE IMPACT OF ADVANCE DEPOSIT WAGERING ON HORSE RACING AND
PARI-MUTUEL HANDLE IN NEW YORK STATE. THE STUDY SHALL INCLUDE BUT NOT BE
LIMITED TO THE IMPACT OF OUT-OF-STATE ENTITIES ACCEPTING WAGERS FROM NEW
YORK STATE RESIDENTS, THE ANNUAL DOLLAR AMOUNT WAGERED BY NEW YORK STATE
RESIDENTS THROUGH OUT-OF-STATE ADVANCE DEPOSIT WAGERING ACCOUNTS, THE
NUMBER OF OUT-OF-STATE ADVANCE DEPOSIT WAGERING ACCOUNTS HELD BY NEW
YORK STATE RESIDENTS, AND INFORMATION CONCERNING NEW YORK STATE RESI-
DENTS WHO UTILIZE OUT-OF-STATE ADVANCE DEPOSIT WAGERING ACCOUNTS,
INCLUDING, BUT NOT LIMITED TO, RESIDENCY. THE RACING AND WAGERING BOARD
SHALL SUBMIT THE STUDY, TOGETHER WITH ANY RECOMMENDATIONS, TO THE GOVER-
NOR AND LEGISLATURE NO LATER THAN SEPTEMBER FIFTEENTH, TWO THOUSAND
TWELVE.
S 2. The racing, pari-mutuel wagering and breeding law is amended by
adding a new section 503-a to read as follows:
S 503-A. ADDITIONAL POWERS OF THE REGIONAL OFF-TRACK BETTING CORPO-
RATIONS. 1. IN ADDITION TO THE POWERS ENUMERATED IN SECTION FIVE HUNDRED
THREE OF THIS ARTICLE, FINANCIALLY INSOLVENT REGIONAL OFF-TRACK BETTING
CORPORATIONS, AS DETERMINED BY THE RACING AND WAGERING BOARD UPON REVIEW
OF CERTIFIED FINANCIAL STATEMENTS, ARE HEREBY AUTHORIZED AND MAY FILE
ANY PETITION WITH ANY UNITED STATES DISTRICT COURT OR COURT OF BANKRUPT-
S. 6258--D 53 A. 9058--D
CY UNDER ANY PROVISION OF LAWS OF THE UNITED STATES FOR THE COMPOSITION
OR ADJUSTMENT OF MUNICIPAL INDEBTEDNESS, PROVIDED SUCH CORPORATION IS
AUTHORIZED BY A RESOLUTION ADOPTED BY A MAJORITY OF THE PARTICIPATING
COUNTIES TO SUCH REGION, OR, FOR A CORPORATION WHOLLY CONTAINED WITHIN
ONE COUNTY, BY A RESOLUTION ADOPTED BY SUCH COUNTY. THE PROVISIONS OF
THIS SUBDIVISION SHALL NOT APPLY TO THE SUFFOLK REGIONAL OFF-TRACK
BETTING CORPORATION UNTIL APRIL FIRST, TWO THOUSAND FOURTEEN.
2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE SUFFOLK
REGIONAL OFF-TRACK BETTING CORPORATION IS HEREBY AUTHORIZED AND MAY FILE
ANY PETITION WITH ANY UNITED STATES DISTRICT COURT OR COURT OF BANKRUPT-
CY UNDER ANY PROVISION OF LAWS OF THE UNITED STATES FOR THE COMPOSITION
OR ADJUSTMENT OF MUNICIPAL INDEBTEDNESS.
S 3. Notwithstanding any other provision of law or regulation to the
contrary, all monies in a capital acquisition fund, established pursuant
to section 509-a of the racing, pari-mutuel wagering and breeding law,
containing less than two and one-half million dollars as of the effec-
tive date of this act shall be available to a regional off-track betting
corporation for any corporate purpose.
A regional off-track betting corporation that chooses to utilize its
capital acquisition fund for corporate purposes shall do so by providing
written notification to the racing and wagering board at least fifteen
days in advance of its decision to utilize monies for corporate
purposes. During such time that a regional off-track betting corporation
uses its monies for corporate purposes, it shall not be authorized to
impose the supplemental one per centum surcharge established by subdivi-
sion 3-a of section 532 of the racing, pari-mutuel wagering and breeding
law.
A regional off-track betting corporation may use its monies for corpo-
rate purposes until all monies in its capital acquisition fund have been
exhausted or until such time that the corporation elects to discontinue
such corporate use and has notified the racing and wagering board in
writing of its decision. The supplemental one per centum surcharge
established by subdivision 3-a of section 532 of the racing, pari-mutuel
wagering and breeding law shall only be reinstated one year following:
(i) the regional corporation's written notification of discontinuance to
the racing and wagering board; or (ii) one year following exhaustion of
the capital acquisition fund. Once the supplemental surcharge has been
reimposed, the capital acquisition fund shall only be used for the
purposes enumerated within section 509-a of the racing, pari-mutuel
wagering and breeding law.
S 4. This act shall take effect immediately, provided, however, that
the provisions of subdivision two of section five hundred three-a of the
racing, pari-mutuel wagering and breeding law, as added by section two
of this act, shall expire April 1, 2014 when upon such date the
provisions of such subdivision shall be deemed repealed.
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. 6258--D 54 A. 9058--D
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through II of this act shall be
as specifically set forth in the last section of such Parts.
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.
Permissions beyond the scope of this license are available at http://www.nysenate.gov/copyright-policy.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that links to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.
Discuss!
blog comments powered by Disqus