senate Bill S2810C

Signed by Governor

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 01 / Feb / 2011
    • REFERRED TO FINANCE
  • 25 / Feb / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 25 / Feb / 2011
    • PRINT NUMBER 2810A
  • 12 / Mar / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 12 / Mar / 2011
    • PRINT NUMBER 2810B
  • 29 / Mar / 2011
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 29 / Mar / 2011
    • PRINT NUMBER 2810C
  • 29 / Mar / 2011
    • ORDERED TO THIRD READING CAL.277
  • 29 / Mar / 2011
    • MESSAGE OF NECESSITY
  • 29 / Mar / 2011
    • PASSED SENATE
  • 29 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 29 / Mar / 2011
    • REFERRED TO WAYS AND MEANS
  • 29 / Mar / 2011
    • SUBSTITUTED FOR A4010C
  • 29 / Mar / 2011
    • ORDERED TO THIRD READING RULES CAL.10
  • 29 / Mar / 2011
    • MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • 29 / Mar / 2011
    • PASSED ASSEMBLY
  • 29 / Mar / 2011
    • RETURNED TO SENATE
  • 30 / Mar / 2011
    • DELIVERED TO GOVERNOR
  • 31 / Mar / 2011
    • SIGNED CHAP.60

Summary

Authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012; extends or makes permanent various provisions of law; relates to the excelsior linked deposit act; relates to recovery of state governmental costs; relates to the community services block grant program; relates to the removal of statutory references to the governor's office of regulatory reform; authorizes and directs the New York state energy research and development authority to make a payment to the general fund of up to $913,000; authorizes the New York State Energy Research and Development Authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations; authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies; relates to pesticide registration time frames and fees; relates to the healthy food/communities initiative; authorizes the establishment of a revolving loan fund; relates to state aid for farmers' markets; relates to disbursements from the tribal-state compact revenue account to certain municipalities; increases the term of licensure and registration from two to four years; relates to saltwater recreational fishing registrations; relates to the use of ultra low sulfur diesel fuel and best available technology by the state; relates to the creation of the recharge New York power program; extends the expiration of the power for jobs program and the energy cost savings benefit programs; requires the New York state urban development corporation to submit a comprehensive financial plan to the director of the budget and establishes accounts and subaccounts within the treasury of such corporation; relates to the new markets tax credits.

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Bill Details

See Assembly Version of this Bill:
A4010C
Versions:
S2810
S2810A
S2810B
S2810C
Legislative Cycle:
2011-2012
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

Sponsor Memo

BILL NUMBER:S2810C

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


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


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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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


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

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2810--C                                            A. 4010--C

                      S E N A T E - A S S E M B L Y

                            February 1, 2011
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as  amended  and  recommitted to said committee -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted to said committee

AN  ACT to authorize funding for the Consolidated Local Street and High-
  way Improvement Program (CHIPS)  and  Marchiselli  program  for  state
  fiscal  year  2011-2012  and to amend chapter 329 of the laws of 1991,
  amending the state finance law and other laws relating to  the  estab-
  lishment of the dedicated highway and bridge trust fund; and providing
  for the repeal of certain provisions upon expiration thereof (Part A);
  to  amend  chapter 279 of the laws of 1998 amending the transportation
  law relating to enabling the commissioner of transportation to  estab-
  lish  a  single  audit  pilot  program,  in  relation  to  making such
  provisions permanent (Part B); to amend chapter 312  of  the  laws  of
  1994,  amending the vehicle and traffic law relating to suspensions of
  licenses pending prosecution of certain alcohol-related  charges,  and
  authorizations  for probationary and conditional drivers' licenses, in
  relation to the effectiveness thereof (Part C); to amend  chapter  533
  of  the  laws  of  1993,  amending the vehicle and traffic law and the
  correction law relating  to  suspension  and  revocation  of  driver's
  licenses upon conviction of certain drug-related offenses, in relation
  to  the  effectiveness  thereof  (Part D); to amend chapter 569 of the
  laws of 1981, amending the vehicle and traffic law relating  to  motor
  vehicle  liability  insurance,  financial  security, criminal acts and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12573-05-1

S. 2810--C                          2                         A. 4010--C

  penalties for non-compliance, in relation to making provisions  perma-
  nent; and to amend chapter 781 of the laws of 1983, amending the vehi-
  cle and traffic law and other laws relating to motor vehicle liability
  insurance, financial security, criminal acts and certain penalties for
  non-compliance,  in  relation to making provisions permanent (Part E);
  Intentionally omitted (Part F); to amend chapter 393 of  the  laws  of
  1994  amending  the  New York state urban development corporation act,
  relating to the powers of the New York state urban development  corpo-
  ration  to  make loans, in relation to the effectiveness thereof (Part
  G); to amend the state finance  law,  in  relation  to  the  excelsior
  linked deposit act (Part H); to amend part U of chapter 57 of the laws
  of  2005  amending the labor law and other laws implementing the state
  fiscal plan for the 2005-2006 state fiscal year, relating to New  York
  state   higher   education  matching  grant  program  for  independent
  colleges, in relation to the effectiveness thereof (Part I); to  amend
  the  public  authorities law, in relation to recovery of state govern-
  mental costs; and to repeal section 2975-a of such law relating there-
  to (Part J); to amend the executive law, in relation to the  community
  services  block grant program; and to amend chapter 728 of the laws of
  1982 and chapter 710 of the laws of 1983, amending the  executive  law
  relating  to  community  services block grant programs, in relation to
  the effectiveness thereof (Part K); to amend chapter 21 of the laws of
  2003, amending the executive law relating to permitting the  secretary
  of state to provide special handling for all documents filed or issued
  by  the  division  of  corporations and to permit additional levels of
  such expedited service, in relation to extending the  expiration  date
  thereof  (Part L); Intentionally omitted (Part M); Intentionally omit-
  ted (Part N); to amend the executive law, the economic development law
  and the state administrative procedure act, in relation to the removal
  of statutory references to the governor's office of regulatory reform;
  and to repeal subdivision 8 of section 202-b of the state  administra-
  tive procedure act, relating thereto (Part O); to authorize and direct
  the New York state energy research and development authority to make a
  payment  to  the general fund of up to $913,000 (Part P); to authorize
  the New York  State  Energy  Research  and  Development  Authority  to
  finance  a  portion of its research, development and demonstration and
  policy and planning programs from  assessments  on  gas  and  electric
  corporations  (Part  Q);  to  authorize  the  department  of health to
  finance certain activities with revenues generated from an  assessment
  on  cable  television  companies  (Part R); to amend the environmental
  conservation law and chapter 67 of the laws of 1992 amending the envi-
  ronmental conservation law relating to pesticide product  registration
  timetables and fees, in relation to pesticide registration time frames
  and  fees  (Part  S); Intentionally omitted (Part T); to amend the New
  York state urban development corporation act, in relation to the heal-
  thy food/communities initiative; to amend the agriculture and  markets
  law,  in relation to authorizing the establishment of a revolving loan
  fund; and to amend the agriculture and markets  law,  in  relation  to
  state  aid  for farmers' markets (Part U); Intentionally omitted (Part
  V); to amend the state finance law, in relation to disbursements  from
  the  tribal-state  compact  revenue account to certain municipalities;
  and providing for the repeal of certain provisions upon the expiration
  thereof (Part W); Intentionally omitted (Part X); to amend the general
  business law, in relation to increasing  the  term  of  licensure  and
  registration  from  two  to four years (Part Y); Intentionally omitted
  (Part Z); to amend the environmental conservation law, in relation  to

S. 2810--C                          3                         A. 4010--C

  saltwater  recreational  fishing  registrations; and providing for the
  repeal of such provisions upon expiration thereof (Part AA); to  amend
  the  environmental  conservation  law, in relation to the use of ultra
  low  sulfur  diesel  fuel  and  best available technology by the state
  (Part BB); to amend  the  economic  development  law  and  the  public
  authorities  law, in relation to the creation of the recharge New York
  power program; and to amend the economic development law,  the  public
  authorities law, the tax law, chapter 316 of the laws of 1997 amending
  the public authorities law and other laws relating to the provision of
  low  cost  power to foster statewide economic development, and chapter
  645 of the laws of 2006 amending  the  economic  development  law  and
  other  laws relating to reauthorizing the power authority of the state
  of New York to make contributions to the general fund, in relation  to
  extending  the expiration of the power for jobs program and the energy
  cost savings benefit program; to amend chapter  477  of  the  laws  of
  2009, amending the public authorities law relating to energy efficien-
  cy and clean energy initiatives of the power authority of the state of
  New  York,  in  relation  to  making  such provisions permanent and to
  repeal subdivision 16 of section 1005 of the  public  authorities  law
  relating to energy audits (Part CC); in relation to the New York state
  urban  development  corporation  submitting  a comprehensive financial
  plan to the director of the budget and the establishment  of  accounts
  and subaccounts within the treasury of such corporation; and providing
  for  the  repeal  of such provisions upon the expiration thereof (Part
  DD); and to amend the New York  state  urban  development  corporation
  act, in relation to the new markets tax credits; and providing for the
  repeal of such provision upon expiration thereof (Part EE)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

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

                                 PART A

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

S. 2810--C                          4                         A. 4010--C

moneys of the state in the state treasury or any of its funds  shall  be
available for payments pursuant to this section:
                                SCHEDULE
  (a)  Thirty-nine  million seven hundred thousand dollars ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the laws of 1991, as added by section 9 of chapter 330 of  the  laws  of
1991,  as  amended.  The department of transportation shall provide such
information to the municipalities as may be necessary  to  maintain  the
federal  tax  exempt  status  of  any bonds, notes, or other obligations
issued by such municipalities to provide for the  non-federal  share  of
the  cost  of  projects  pursuant  to chapter 330 of the laws of 1991 or
section 80-b of the highway law.
  The program authorized pursuant to section 15 of chapter  329  of  the
laws  of 1991, as added by section 9 of chapter 330 of the laws of 1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year        Amount
                    2011-12                  $39,700,000
  (b)  Three  hundred  four  million  three  hundred  thousand   dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of  eligible  costs  of  local  highway  and bridge projects pursuant to
sections 16 and 16-a of chapter 329 of the laws of  1991,  as  added  by
section  9  of  chapter  330  of  the  laws of 1991, as amended. For the
purposes of computing allocations to municipalities, the amount distrib-
uted pursuant to section 16 of chapter 329 of the laws of 1991 shall  be
deemed  to  be $121,520,000.  The amount distributed pursuant to section
16-a of chapter  329  of  the  laws  of  1991  shall  be  deemed  to  be
$182,780,000.   Notwithstanding the provisions of any general or special
law, the amounts deemed distributed in accordance  with  section  16  of
chapter  329  of the laws of 1991 shall be adjusted so that such amounts
will not be less than 83.807 percent of the "funding level"  as  defined
in  subdivision 5 of section 10-c of the highway law for each such muni-
cipality. In order to achieve the objectives of section  16  of  chapter
329  of the laws of 1991, to the extent necessary, the amounts in excess
of 83.807 percent of the funding level to be deemed distributed to  each
municipality  under  this  subdivision shall be reduced in equal propor-
tion.
  (c) Fifty-eight million seven hundred  ninety-seven  thousand  dollars
($58,797,000)  to  municipalities for reimbursement of eligible costs of
local highway and bridge projects pursuant to sections 16  and  16-a  of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the  laws of 1991, as amended. For the purposes of computing allocations
to municipalities, the amount distributed  pursuant  to  section  16  of
chapter  329  of the laws of 1991 shall be deemed to be $23,480,000. The
amount distributed pursuant to section 16-a of chapter 329 of  the  laws
of   1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding  the
provisions of any general or special law, the amounts deemed distributed
in accordance with section 16 of chapter 329 of the laws of  1991  shall
be adjusted so that such amounts will not be less than 16.193 percent of
the  "funding  level" as defined in subdivision 5 of section 10-c of the
highway law for each such municipality. In order to achieve  the  objec-
tives  of  section  16 of chapter 329 of the laws of 1991, to the extent
necessary, the amounts in excess of 16.193 percent of the funding  level
to  be  deemed  distributed  to each municipality under this subdivision
shall be reduced in equal proportion. To the extent that  the  total  of

S. 2810--C                          5                         A. 4010--C

remaining payment allocations calculated herein varies from $58,797,000,
the  payment  amounts  to  each  locality shall be adjusted by a uniform
percentage so that the total payments equal $58,797,000.
  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991,  as  amended,  shall  additionally make payments for reimbursement
according to the following schedule:
                    State Fiscal Year        Amount
                    2011-12                  $363,097,000
  S 2. Section 16 of chapter 329 of the laws of 1991, amending the state
finance law and other laws relating to the establishment  of  the  dedi-
cated highway and bridge trust fund, is amended by adding a new subdivi-
sion (f) to read as follows:
  (F)  FOR PURPOSES OF THIS SECTION AND SECTION 10-C OF THE HIGHWAY LAW,
FOR PROJECTS COMPLETED ON OR BEFORE MARCH 31,  2012  LOCAL  HIGHWAY  AND
BRIDGE PROJECTS MAY ALSO INCLUDE THE FOLLOWING WORK TYPES: (1) MICROSUR-
FACING,  (2)  PAVER  PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE
TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE  COURSE
SURFACE  TREATMENT  INVOLVING  CHIP SEALS AND OIL AND STONE, HOWEVER, NO
REIMBURSEMENT SHALL BE MADE FOR (1)  MICROSURFACING,  (2)  PAVER  PLACED
SURFACE  TREATMENT,  (3)  SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP
SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV-
ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. REIMBURSEMENT FOR
PROJECTS USING THESE TREATMENTS MAY BE MADE FROM THE PROCEEDS OF  BONDS,
NOTES OR OTHER OBLIGATIONS ISSUED BY THE NEW YORK STATE THRUWAY AUTHORI-
TY PURSUANT TO SECTION 380 OF THE PUBLIC AUTHORITIES LAW OR OTHERWISE AS
DETERMINED BY THE DIRECTOR OF THE BUDGET.
  S  3.  Section  16-a  of chapter 329 of the laws of 1991, amending the
state finance law and other laws relating to the  establishment  of  the
dedicated  highway  and  bridge  trust  fund, is amended by adding a new
subdivision (f) to read as follows:
  (F) FOR PURPOSES OF THIS SECTION AND SECTION 10-C OF THE HIGHWAY  LAW,
FOR  PROJECTS  COMPLETED  ON  OR BEFORE MARCH 31, 2012 LOCAL HIGHWAY AND
BRIDGE PROJECTS MAY ALSO INCLUDE THE FOLLOWING WORK TYPES: (1) MICROSUR-
FACING, (2) PAVER PLACED SURFACE TREATMENT, (3)  SINGLE  COURSE  SURFACE
TREATMENT  INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE
SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND  STONE,  HOWEVER,  NO
REIMBURSEMENT  SHALL  BE  MADE  FOR (1) MICROSURFACING, (2) PAVER PLACED
SURFACE TREATMENT, (3) SINGLE COURSE SURFACE  TREATMENT  INVOLVING  CHIP
SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV-
ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. REIMBURSEMENT FOR
PROJECTS  USING THESE TREATMENTS MAY BE MADE FROM THE PROCEEDS OF BONDS,
NOTES OR OTHER OBLIGATIONS ISSUED BY THE NEW YORK STATE THRUWAY AUTHORI-
TY PURSUANT TO SECTION 380 OF THE PUBLIC AUTHORITIES LAW OR OTHERWISE AS
DETERMINED BY THE DIRECTOR OF THE BUDGET.
  S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as amended by chap-
ter 432 of the laws of 1997, is amended to read as follows:
  (d) Any such service contract (i) shall provide that the obligation of
the director of the budget or the state to fund or to  pay  the  amounts
therein provided for shall not constitute a debt of the state within the
meaning  of  any constitutional or statutory provisions in the event the
thruway authority assigns or pledges service contract payments as  secu-
rity  for its bonds or notes, (ii) shall be deemed executory only to the
extent moneys are available and that no liability shall be  incurred  by

S. 2810--C                          6                         A. 4010--C

the  state  beyond  the  moneys available for the purpose, and that such
obligation is subject to annual appropriation by  the  legislature,  and
(iii)  shall  provide  that  no  funds  shall be made available from the
proceeds  of  bonds  or notes issued pursuant to this chapter unless the
commissioner of transportation has certified  to  the  chairman  of  the
thruway  authority  that  such  funds  shall be used exclusively for the
purposes  authorized  by  subdivision  (a)  of  this   section,   and/or
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,
preliminary  engineering,  and  construction supervision and inspection,
where the service life of the project is  at  least  ten  years  OR  FOR
PROJECTS  COMPLETED  ON  OR  BEFORE MARCH 31, 2012 WHERE THE PROJECT IS:
(1) MICROSURFACING, (2)  PAVER  PLACED  SURFACE  TREATMENT,  (3)  SINGLE
COURSE  SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AND (4)
DOUBLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND  STONE,
and  unless  the director of the budget has certified to the chairman of
the thruway authority that a spending plan has  been  submitted  by  the
commissioner  of transportation and has been approved by the director of
the budget. NO REIMBURSEMENT SHALL BE MADE FOR (1)  MICROSURFACING,  (2)
PAVER  PLACED  SURFACE  TREATMENT,  (3)  SINGLE COURSE SURFACE TREATMENT
INVOLVING CHIP SEALS AND OIL AND STONE, AND (4)  DOUBLE  COURSE  SURFACE
TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012.
  S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as added by chapter
330 of the laws of 1991, is amended to read as follows:
  (b)  Each  county, city, town and village shall certify to the commis-
sioner  of  transportation  that  amounts  to  be  reimbursed  are   for
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,
preliminary  engineering,  and  construction  supervision and inspection
where the service life of the project is  at  least  ten  years  OR  FOR
PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 WHERE THE PROJECT IS: (1)
MICROSURFACING,  (2)  PAVER  PLACED SURFACE TREATMENT, (3) SINGLE COURSE
SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AND (4)  DOUBLE
COURSE  SURFACE  TREATMENT  INVOLVING  CHIP SEALS AND OIL AND STONE.  NO
REIMBURSEMENT SHALL BE MADE FOR (1)  MICROSURFACING,  (2)  PAVER  PLACED
SURFACE  TREATMENT,  (3)  SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP
SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV-
ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31,  2012.    Such  certif-
ication  shall include any such information as may be necessary to main-
tain the federal tax exempt status of bonds, notes or other  obligations
issued  by  the New York state thruway authority pursuant to section 380
of the public authorities law. The commissioner of transportation  shall
in writing request the municipalities to furnish such information as may
be necessary to comply with this section.
  S  6.  Subdivision  (b)  of section 16-a of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment  of  the dedicated highway and bridge trust fund, as added
by chapter 330 of the laws of 1991, is amended to read as follows:
  (b) Each county, city, town and village shall certify to  the  commis-
sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
construction, reconstruction or improvement of local  highways,  bridges
and/or  highway-railroad  crossings, including right of way acquisition,
preliminary engineering, and  construction  supervision  and  inspection
where  the  service  life  of  the  project is at least ten years OR FOR

S. 2810--C                          7                         A. 4010--C

PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 WHERE THE PROJECT IS: (1)
MICROSURFACING, (2) PAVER PLACED SURFACE TREATMENT,  (3)  SINGLE  COURSE
SURFACE  TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AND (4) DOUBLE
COURSE  SURFACE  TREATMENT  INVOLVING  CHIP SEALS AND OIL AND STONE.  NO
REIMBURSEMENT SHALL BE MADE FOR (1)  MICROSURFACING,  (2)  PAVER  PLACED
SURFACE  TREATMENT,  (3)  SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP
SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV-
ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31,  2012.    Such  certif-
ication  shall include any such information as may be necessary to main-
tain the federal tax exempt status of bonds, notes or other  obligations
issued  by  the New York state thruway authority pursuant to section 380
of the public authorities law. The commissioner shall in writing request
the municipalities to furnish such information as may  be  necessary  to
comply with this section.
  S  7.  This act shall take effect immediately; provided, however, that
sections two, three, four, five and six of this act shall expire and  be
deemed repealed on April 1, 2012.

                                 PART B

  Section  1. Section 2 of chapter 279 of the laws of 1998, amending the
transportation law relating to enabling the commissioner of  transporta-
tion  to establish a single audit pilot program, as amended by section 1
of part E of chapter 59 of the laws of  2010,  is  amended  to  read  as
follows:
  S  2. This act shall take effect on December 31, 1998, except that the
commissioner of transportation is immediately authorized  to  promulgate
rules  and regulations necessary for the implementation of this act [and
shall expire December 31, 2011 when upon such  date  the  provisions  of
this act shall be deemed repealed].
  S 2. This act shall take effect immediately.

                                 PART C

  Section 1.  Section 7 of chapter 312 of the laws of 1994, amending the
vehicle  and  traffic  law  relating  to suspensions of licenses pending
prosecution of certain alcohol-related charges, and  authorizations  for
probationary  and conditional drivers' licenses, as amended by section 1
of part C of chapter 59 of the laws of  2009,  is  amended  to  read  as
follows:
  S  7.  This  act  shall take effect immediately; provided however that
sections three, four, five and six of this act shall take effect on  the
first  day  of  November next succeeding the date on which it shall have
become a law and shall apply to offenses  committed  on  or  after  such
date;  provided further, however, that the amendment to paragraph (c) of
subdivision 2 of section 1193 of the vehicle and  traffic  law  made  by
section two of this act shall take effect on the same date as such para-
graph  takes  effect pursuant to section 9 of chapter 533 of the laws of
1993, as amended[, provided, further, that  the  provisions  of  section
four  of this act shall remain in full force and effect until October 1,
2011 when upon such date the provisions of such section shall be  deemed
repealed  and the provisions of law amended by such section shall revert
to and be read as if  the  provisions  of  such  section  had  not  been
enacted].
  S  2.  This  act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2011.

S. 2810--C                          8                         A. 4010--C

                                 PART D

  Section  1. Section 9 of chapter 533 of the laws of 1993, amending the
vehicle and traffic law and the correction law  relating  to  suspension
and  revocation of driver's licenses upon conviction of certain drug-re-
lated offenses, as amended by section 1 of part D of chapter 59  of  the
laws of 2009, is amended to read as follows:
  S  9. This act shall take effect September 30, 1993 and shall apply to
convictions based on offenses which occurred on or after such date  [and
shall  remain  in  full force and effect until October 1, 2011 when upon
such date the provisions of this act shall be deemed  repealed  and  the
provisions  of law amended by this act shall revert to and be read as if
the provisions of this act had not been enacted].
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART E

  Section 1. Section 12 of chapter 569 of the laws of 1981, amending the
vehicle  and  traffic law relating to motor vehicle liability insurance,
financial security, criminal acts and penalties for  non-compliance,  as
amended  by  section  1  of part J of chapter 59 of the laws of 2009, is
amended to read as follows:
  S 12. This act shall take effect on the first day of  September,  1982
[and  the  amendments  made to the provisions of the vehicle and traffic
law by sections one through nine of this act shall expire  on  June  30,
2011  and  shall apply to the use and operation of motor vehicles during
such period. Upon such expiration date the provisions of  such  sections
of  such  law  shall revert to and be read as set out in law on the date
immediately preceding the effective date of this act.  The  commissioner
shall  widely  publicize the provisions of this act and take all actions
necessary to prepare for  its  implementation  prior  to  the  effective
date].
  S 2. Section 15 of chapter 781 of the laws of 1983, amending the vehi-
cle  and  traffic law and other laws relating to motor vehicle liability
insurance, financial security, criminal acts and certain  penalties  for
non-compliance,  as  amended by section 2 of part J of chapter 59 of the
laws of 2009, is amended to read as follows:
  S 15. This act shall take effect immediately except that sections  ten
and eleven hereof shall NOT take effect [on June 30,  2011;  the  amend-
ments  made  to  the  provisions  of the vehicle and traffic law and the
insurance law by sections one through seven of  this  act  shall  expire
June  30,  2011;  upon such date the provisions of such sections of such
laws shall revert to and be read as set out in law  on  the  date  imme-
diately  preceding  the  effective  date  of  this  act]  AND ARE HEREBY
REPEALED.
  S 3. This act shall take effect immediately.

                                 PART F

  Intentionally omitted.

                                 PART G

  Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
New  York state urban development corporation act relating to the powers

S. 2810--C                          9                         A. 4010--C

of the New York state urban development corporation to  make  loans,  as
amended  by  section  1  of part P of chapter 59 of the laws of 2010, is
amended to read as follows:
  S  2.  This  act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2011]  2012,  at  which
time the provisions of subdivision 26 of section 5 of the New York state
urban  development  corporation  act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such  subdivision
as provided for herein shall be deemed to affect or impair in any manner
any  loan  made  pursuant  to the authority of such subdivision prior to
such expiration and repeal.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART H

  Section 1. Section 217 of the state finance law, as amended by chapter
291 of the laws of 2004, is amended to read as follows:
  S 217. Linked loans. Linked loans shall be made by lenders pursuant to
the  program  only  to  eligible  businesses in connection with eligible
projects. A linked loan shall be limited to a maximum  amount  of  [one]
TWO  million  dollars.  An  eligible  business may receive more than one
linked loan. During the life of  the  linked  loan  program,  the  total
amount  of  money  that a business can borrow from the linked program is
[one] TWO million dollars. The credit decision for making a linked  loan
shall  be  made  solely by the lender. Notwithstanding the length of the
term of a linked loan, the linked deposit relating to  the  linked  loan
shall be for a period of not more than four years.
  S  2.  The state finance law is amended by adding a new section 220 to
read as follows:
  S 220. RENEWAL OF LINKED DEPOSIT. A LENDER MAY, ON BEHALF OF A BORROW-
ER, APPLY TO THE COMMISSIONER  OF  ECONOMIC  DEVELOPMENT  TO  REQUEST  A
RENEWAL  OF  THE  LINKED  DEPOSIT  FOR AN ADDITIONAL FOUR YEAR PERIOD TO
CORRESPOND WITH A SECOND FOUR YEAR PERIOD OF A BORROWER'S  LINKED  LOAN.
THE  COMMISSIONER  MAY GRANT SUCH APPLICATION IF THE COMMISSIONER DETER-
MINES THAT THE BORROWER, DURING THE  SECOND  FOUR  YEAR  PERIOD  OF  THE
LINKED LOAN, WILL CREATE ADDITIONAL INDUSTRIAL MODERNIZATION BENEFITS OR
ADDITIONAL EXPORT TRADE BENEFITS OR ADDITIONAL JOBS. IF THE COMMISSIONER
OF  ECONOMIC DEVELOPMENT GRANTS SUCH APPLICATION, THE COMMISSIONER SHALL
NOTIFY THE AUTHORIZED DEPOSITOR WHO MADE THE  LINKED  DEPOSIT  THAT  THE
COMMISSIONER  HAS DETERMINED THAT THE APPLICATION SATISFIES THE REQUIRE-
MENTS OF THIS ARTICLE AND SHALL  REQUEST  THE  AUTHORIZED  DEPOSITOR  TO
CONTINUE  THE LINKED DEPOSIT WITH THE LENDER FOR AN ADDITIONAL FOUR YEAR
PERIOD IN ACCORDANCE WITH SECTION NINETY-EIGHT-A  OF  THIS  CHAPTER  AND
WITH  THE  AUTHORIZED  DEPOSITOR'S  ESTABLISHED  PROCEDURES. SUCH LINKED
DEPOSIT SHALL CONTINUE TO BE SECURED IN ACCORDANCE WITH  THE  PROVISIONS
OF  SECTION ONE HUNDRED FIVE OF THIS CHAPTER. THE FIXED INTEREST RATE ON
THE CONTINUED LINKED DEPOSIT SHALL BE THE LINKED DEPOSIT  INTEREST  RATE
IN  EFFECT  ON  THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT.
THE AUTHORIZED DEPOSITOR AND THE  LENDER  SHALL  ENTER  INTO  A  WRITTEN
DEPOSIT  AGREEMENT GOVERNING THE CONTINUATION OF THE LINKED DEPOSIT. THE
INTEREST RATE PAYABLE ON THE LINKED LOAN FOR THE SECOND FOUR YEAR PERIOD
SHALL BE, IN THE CASE OF A CERTIFIED BUSINESS IN AN ECONOMIC DEVELOPMENT
ZONE OR AN ELIGIBLE BUSINESS LOCATED IN AN ECONOMICALLY DISTRESSED  AREA
OR  FEDERAL  EMPOWERMENT  ZONE  OR  ENTERPRISE OR RENEWAL COMMUNITY OR A
MINORITY OR WOMEN-OWNED BUSINESS  ENTERPRISE,  THREE  PERCENTAGE  POINTS

S. 2810--C                         10                         A. 4010--C

BELOW  THE  INTEREST  RATE THE LENDER WOULD HAVE CHARGED FOR THE LOAN IN
EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT; OR IN
THE CASE OF A BUSINESS NOT LOCATED IN AN ECONOMIC  DEVELOPMENT  ZONE  OR
ECONOMICALLY  DISTRESSED  AREA OR FEDERAL EMPOWERMENT ZONE OR ENTERPRISE
OR RENEWAL COMMUNITY OR WHICH IS NOT A MINORITY OR WOMEN-OWNED  BUSINESS
ENTERPRISE,  TWO  PERCENTAGE  POINTS  BELOW THE INTEREST RATE THE LENDER
WOULD HAVE CHARGED FOR THE LOAN IN THE ABSENCE OF A  LINKED  DEPOSIT  IN
EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT.
  S 3. This act shall take effect immediately.

                                 PART I

  Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
implementing  the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital  matching  grant
program  for independent colleges, as amended by part M of chapter 59 of
the laws of 2010, is amended to read as follows:
  (a) The New York state higher education capital matching  grant  board
is  hereby  created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital  matching  grant  program  from  the
effective  date  of  this  section through March 31, [2011] 2012, or the
date on which the last of the funds  available  for  grants  under  this
section  shall  have  been  disbursed,  whichever  is earlier; provided,
however, that the termination of the existence of the  board  shall  not
[effect]  AFFECT  the  power and authority of the dormitory authority to
perform its obligations with respect  to  any  bonds,  notes,  or  other
indebtedness  issued  or  incurred pursuant to authority granted in this
section.
  S 2. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law and other laws implementing the state fiscal plan for the  2005-2006
state  fiscal year, relating to New York state higher education matching
grant program for independent colleges, as amended by section 3 of  part
M of chapter 59 of the laws of 2010, is amended to read as follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary,  and  subject  to  the provisions of chapter 59 of the laws of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er education capital matching grants, the  director  of  the  budget  is
authorized  in  any  state  fiscal  year commencing April 1, 2005 or any
state fiscal year thereafter for a period ending  on  March  31,  [2011]
2012,  to  enter into one or more service contracts, none of which shall
exceed 30 years in duration, with the  dormitory  authority,  upon  such
terms as the director of the budget and the dormitory authority agree.
  S  3. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005 amending the labor law and other laws  implement-
ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
to New York state higher education matching grant program for  independ-
ent  colleges,  as  amended  by section 4 of part M of chapter 59 of the
laws of 2010, is amended to read as follows:
  (b) Any eligible institution receiving a grant pursuant to this  arti-
cle shall report to the dormitory authority no later than June 1, [2011]
2012,  on  the use of funding received and its programmatic and economic

S. 2810--C                         11                         A. 4010--C

impact. The dormitory authority shall submit  a  report  no  later  than
November  1, [2011] 2012 to the board, the governor, the director of the
budget, the temporary president of the senate, and the  speaker  of  the
assembly  on the aggregate impact of the higher education capital match-
ing grant program. Such report shall provide information on the progress
and economic impact of such project.
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART J

  Section  1.  Paragraph  (b)  of  subdivision  2 of section 2975 of the
public authorities law, as amended by section 1 of part O of chapter  59
of the laws of 2008, is amended to read as follows:
  (b)  On  or before November first, two thousand three and on or before
November first of each year thereafter, the director of the budget shall
determine the amount owed under this  section  by  each  public  benefit
corporation.  The  director  of the budget may reduce, in whole or part,
the amount of such assessment if the payment thereof would necessitate a
state appropriation for  the  purpose,  or  would  otherwise  impose  an
extraordinary hardship upon the affected public benefit corporation. The
aggregate  amount  assessed under this section in any given state fiscal
year may not exceed [fifty-five million dollars] SIXTY MILLION DOLLARS.
  S 2.  Section 2975-a of the public authorities law is REPEALED.
  S 3. All monies paid by or on behalf  of  any  industrial  development
agency or authority as of the effective date of this act to reimburse to
New  York state an allocable share of state governmental costs attribut-
able to the provision of services to industrial development agencies  as
determined  pursuant  to  section  2975-a  of the public authorities law
shall be reimbursed to the paying  entity  within  ninety  days  of  the
effective date of this act.
  S  4.  This act shall take effect immediately provided however section
two of this act shall be deemed to have been in full force and effect on
and after April 1, 2009.

                                 PART K

  Section 1. Section 159-i of the executive law, as amended by section 1
of part Y of chapter 59 of the laws of  2010,  is  amended  to  read  as
follows:
  S  159-i. Distribution of funds. [For federal fiscal year two thousand
eleven at] AT least ninety percent of the community services block grant
funds received by the state shall be distributed pursuant to a  contract
by  the  secretary to eligible entities as defined in subdivision one of
section one hundred fifty-nine-e of this  article.  Each  such  eligible
entity  shall  receive  the  same proportion of community services block
grant funds as was the proportion of funds received in  the  immediately
preceding federal fiscal year under the federal community services block
grant  program  as compared to the total amount received by all eligible
entities in the state, under the federal community services block  grant
program.
  [For federal fiscal year two thousand eleven the] THE secretary shall,
pursuant to section one hundred fifty-nine-h of this article, retain not
more  than  five percent of the community services block grant funds for
administration at the state level.

S. 2810--C                         12                         A. 4010--C

  [For federal fiscal year two thousand eleven the] THE remainder of the
community services block grant funds received  by  the  state  shall  be
distributed  pursuant  to  a  contract by the secretary in the following
order of preference: a sum of up to  one-half  of  one  percent  of  the
community  services  block  grant  funds received by the state to Indian
tribes and tribal organizations as defined in this article, on the basis
of need; and to community  based  organizations.  Such  remainder  funds
received  by  eligible  entities will not be included in determining the
proportion of funds received by  any  such  entity  in  the  immediately
preceding federal fiscal year under the federal community services block
grant program.
  S 2. Section 5 of chapter 728 of the laws of 1982, amending the execu-
tive law relating to community services block grant programs, as amended
by  section 2 of part Y of chapter 59 of the laws of 2010, is amended to
read as follows:
  S 5. This act shall take effect immediately  provided,  however,  that
section  four  hereof  shall  take  effect  October 1, 1982 and provided
further, however, that the provisions of sections two, three and four of
this act shall be in full force and effect only until September 30, 1983
[and section one of this act shall be in full  force  and  effect  until
September  30,  2011,  provided, however, that the distribution of funds
pursuant to section 159-i of the executive law shall be limited  to  the
federal fiscal year expressly set forth in such section].
  S 3. Section 7 of chapter 710 of the laws of 1983, amending the execu-
tive law relating to community services block grant programs, as amended
by  section 3 of part Y of chapter 59 of the laws of 2010, is amended to
read as follows:
  S 7. This act shall take effect September 30, 1983 [and  shall  be  in
full  force  and  effect only until September 30, 2011 at which time the
amendments and additions made pursuant to the  provisions  of  this  act
shall be deemed to be repealed, provided, however, that the distribution
of funds pursuant to section 159-i of the executive law shall be limited
to the federal fiscal year expressly set forth in such section].
  S 4. This act shall take effect immediately.

                                 PART L

  Section  1.  Section 2 of chapter 21 of the laws of 2003, amending the
executive law relating to permitting the secretary of state  to  provide
special  handling  for  all documents filed or issued by the division of
corporations and to permit additional levels of such expedited  service,
as  amended by section 1 of part B of chapter 19 of the laws of 2010, is
amended to read as follows:
  S 2. This act shall take effect immediately,  provided  however,  that
section  one  of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and  shall  expire  March  31,  [2011]
2013.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2011.

                                 PART M

  Intentionally omitted.

                                 PART N

S. 2810--C                         13                         A. 4010--C

  Intentionally omitted.

                                 PART O

  Section  1.  Subdivision  3  of section 164-d of the executive law, as
added by chapter 65 of the laws of 2005, is amended to read as follows:
  3. The office for technology[, in  consultation  with  the  governor's
office  of regulatory reform,] shall promulgate rules and regulations to
implement the provisions of this section.  Such  rules  shall  at  least
provide  for  the prioritization and timing for making application forms
available on the internet.
  S 2. Subdivision 46 of section 100 of the economic development law, as
added by chapter 427 of the laws of 2008, is amended to read as follows:
  46. to prepare[, in cooperation with the governor's office of  regula-
tory  reform,] an annual summary for the small business community of the
key legislative, budgetary and regulatory changes impacting small  busi-
nesses. Agencies shall cooperate with the department [and the governor's
office  of  regulatory  reform]  in developing the annual summary.   The
annual summary shall be written in  plain  language  and  shall  provide
specific contact information within the appropriate agency for inquiries
regarding  implementation  and  compliance.  The annual summary shall be
posted on the department website on or before September  first  of  each
year.
  S 3. Section 102-a of the state administrative procedure act, as added
by chapter 419 of the laws of 2007, is amended to read as follows:
  S 102-a.  Small  business regulation guides. For each rule or group of
related rules which significantly impact a substantial number  of  small
businesses,  the agency which adopted the rule shall post on its website
one or more guides explaining the actions a small business may  take  to
comply  with  such  rule or group of rules if the agency determines[, in
conjunction with the governor's office of regulatory reform,] that  such
guide or guides will assist small businesses in complying with the rule,
and  shall  designate  each such posting as a "small business regulation
guide". The guide shall explain the actions a small business may take to
comply with a rule or group of rules. The  agency  shall,  in  its  sole
discretion,  taking  into account the subject matter of the rule and the
language of relevant statutes, ensure that the guide  is  written  using
sufficiently  plain  language  that  it  is  likely  to be understood by
affected small businesses. Agencies shall cooperate with [the governor's
office of regulatory reform and] other state agencies in developing such
guides. [The governor's office of regulatory reform  shall  oversee  and
coordinate  the  preparation of such small business regulation guides by
agencies.]
  S 4. Subparagraph (iii) of paragraph (b) of subdivision 9  of  section
202  of  the state administrative procedure act, as added by chapter 230
of the laws of 2006, is amended to read as follows:
  (iii) The secretary of  state  shall  provide  that  the  direct  link
between  the  electronic  copy  of the state register and the electronic
mail address provided by an agency [shall also deliver to the governor's
office of regulatory reform a copy of all comments submitted].
  S 5. Subdivision 8 of section 202-b of the state administrative proce-
dure act is REPEALED.
  S 6. Paragraph (d) of subdivision 1 of  section  202-d  of  the  state
administrative  procedure  act,  as  added by chapter 193 of the laws of
2008, is amended to read as follows:

S. 2810--C                         14                         A. 4010--C

  (d) An agency shall identify each rule  described  in  its  regulatory
agenda for which a regulatory flexibility analysis or a rural area flex-
ibility  analysis  may be required, and shall provide outreach as appro-
priate to potentially affected small businesses, local  governments  and
public  and  private interests in rural areas. Such outreach may include
solicitation of input from potentially affected  parties  through  elec-
tronic  means or through any of the activities listed in subdivision six
of section two hundred  two-b  and  subdivision  seven  of  section  two
hundred two-bb of this article. [In addition, the agency shall provide a
copy  of  the description of each rule subject to the provisions of this
paragraph to the governor's office of regulatory reform,  which  may  in
its discretion include the description and additional information on the
rule  in  the  quarterly  report issued pursuant to subdivision eight of
section two hundred two-b of this article.]
  S 7. This act shall take effect immediately; provided, that the amend-
ment to paragraph (d) of subdivision 1 of section  202-d  of  the  state
administrative  procedure  act made by section six of this act shall not
affect the expiration of such paragraph and shall be  deemed  to  expire
therewith.

                                 PART P

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby  authorized  and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the  New  York  state
energy research and development authority.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART Q

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

S. 2810--C                         15                         A. 4010--C

ments  and  expenditures by such authority from any source for the oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART R

  Section 1. Notwithstanding any other law, rule or  regulation  to  the
contrary,  expenses of the department of health public service education
program incurred pursuant to appropriations from  the  cable  television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART S

  Section 1. Section 9 of chapter 67 of the laws of 1992,  amending  the
environmental  conservation  law relating to pesticide product registra-
tion timetables and fees, as amended by section 1 of part FF of  chapter
59 of the laws of 2008, is amended to read as follows:
  S  9. This act shall take effect April 1, 1992 provided, however, that
section [3] THREE of this act shall take effect July 1, 1993  and  shall
expire and be deemed repealed on July 1, [2011]2014.
  S  2.  Section    33-0705  of  the  environmental conservation law, as
amended by section 2 of part FF of chapter  59  of  the  laws  of  2008,
subdivisions a and b as amended by section 5 of part YY of chapter 59 of
the laws of 2009, is amended to read as follows:
S 33-0705. Fee for registration.
  The applicant for registration shall pay a fee as follows:
  a.  On  or  before  July  1, [2011] 2014, six hundred dollars for each
pesticide proposed to be registered, provided  that  the  applicant  has
submitted  to  the  department proof in the form of a federal income tax
return for the previous year showing gross  annual  sales,  for  federal
income  tax  purposes, of three million five hundred thousand dollars or
less;
  b. On or before July 1, [2011] 2014, for all others, six hundred twen-
ty dollars for each pesticide proposed to be registered;
  c. After July  1,  [2011]  2014,  fifty  dollars  for  each  pesticide
proposed to be registered.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART T

  Intentionally omitted.

                                 PART U

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

S. 2810--C                         16                         A. 4010--C

  (i)  An  eligible  food  market applicant may be a for-profit business
enterprise (including a corporation,  limited  liability  company,  sole
proprietor,  cooperative  or  partnership),  [a  nonprofit organization]
NOT-FOR-PROFIT CORPORATION, AGRICULTURAL COOPERATIVE CORPORATION, PUBLIC
BENEFIT CORPORATION, MUNICIPAL CORPORATION, REGIONAL MARKET FACILITY, or
a food cooperative.
  S  2.  Section  16  of  the  agriculture and markets law is amended by
adding new subdivision  46 to read as follows:
  46. WITHIN THE AMOUNT OF MONIES APPROPRIATED OR OTHERWISE MADE  AVAIL-
ABLE  THEREFOR,  ESTABLISH,  ADMINISTER  AND OPERATE, OR PROVIDE FOR THE
ADMINISTRATION AND OPERATION OF, A PROGRAM, WHICH MAY INCLUDE ESTABLISH-
MENT OF A REVOLVING LOAN FUND, TO ASSIST IN THE DEVELOPMENT, IMPLEMENTA-
TION AND OPERATION OF AGRICULTURAL PROGRAMS.
  S 3. Section 260 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 9 to read as follows:
  9.  "FOOD DESERT" SHALL MEAN AN AREA WITH LIMITED ACCESS TO AFFORDABLE
AND NUTRITIOUS FOOD, PARTICULARLY SUCH  AN  AREA  THAT  IS  COMPOSED  OF
PREDOMINATELY LOWER-INCOME NEIGHBORHOODS AND COMMUNITIES.
  S  4. Subdivision 1 of section 262 of the agriculture and markets law,
as amended by chapter 612 of the laws of  2006,  and  paragraph  (b)  as
amended  by  chapter  126  of  the  laws  of 2007, is amended to read as
follows:
  1. There is hereby created within the department a program  of  grants
for  the  purpose of providing state assistance for farmer's markets. In
administering such program, the commissioner, to  the  extent  feasible,
shall  ensure  an  equitable  distribution  of awards to rural areas and
other areas of the state.  State assistance provided  pursuant  to  this
section may be awarded for:
  (a)  the construction, reconstruction, improvement, expansion or reha-
bilitation of farmers' markets. Grants provided pursuant to  this  para-
graph  shall  not  exceed the lesser of fifty percent of project cost or
fifty thousand dollars per project in any fiscal year.
  (b) the purpose of providing promotional support for farmer's markets.
Grants provided pursuant to this paragraph shall not exceed  the  lesser
of  fifty  percent of project cost or [five] SEVEN thousand FIVE HUNDRED
dollars per applicant in any fiscal year.
  (C) EQUIPMENT COSTS ASSOCIATED WITH IMPROVING  FARMERS'  MARKET  FUNC-
TIONS, INCLUDING BUT NOT LIMITED TO EXPANDING ACCESS TO ELECTRONIC BENE-
FIT  TRANSFER  TECHNOLOGY FOR FARMERS' MARKETS AND OTHER NON-TRADITIONAL
FOOD ACCESS POINTS IN FOOD DESERTS IN THE STATE.
  S 5. This act shall take effect immediately.

                                 PART V

  Intentionally omitted.

                                 PART W

  Section 1. Subdivision 3 of section 99-h of the state finance law,  as
amended  by  section  1 of part QQ of chapter 59 of the laws of 2009, is
amended to read as follows:
  3. Moneys of the account, following [appropriation] THE SEGREGATION OF
APPROPRIATIONS ENACTED  by  the  legislature,  shall  be  available  for
purposes including but not limited to: (a) reimbursements or payments to
municipal  governments  that  host  tribal casinos pursuant to a tribal-
state compact for costs incurred in connection with services provided to

S. 2810--C                         17                         A. 4010--C

such casinos or arising as a result thereof,  for  economic  development
opportunities  and  job  expansion  programs authorized by the executive
law; provided, however, that for any gaming facility located in the city
of  Buffalo,  the city of Buffalo shall receive a minimum of twenty-five
percent of the negotiated percentage of the  net  drop  from  electronic
gaming  devices the state receives pursuant to the compact, and provided
further that for any gaming facility located  in  the  city  of  Niagara
Falls, county of Niagara a minimum of twenty-five percent of the negoti-
ated percentage of the net drop from electronic gaming devices the state
receives pursuant to the compact shall be distributed in accordance with
subdivision  four  of  this  section,  and provided further that for any
gaming facility located in the county or counties of Cattaraugus,  Chau-
tauqua  or  Allegany, the municipal governments of the state hosting the
facility shall collectively receive a minimum of twenty-five percent  of
the negotiated percentage of the net drop from electronic gaming devices
the  state  receives  pursuant to the compact; and provided further that
pursuant to chapter five hundred ninety of  the  laws  of  two  thousand
four,  a  minimum of twenty-five percent of the revenues received by the
state pursuant to the state's compact with the St.  Regis  Mohawk  tribe
shall  be  made  available to the counties of Franklin and St. Lawrence,
and affected towns in such counties. Each such county and  its  affected
towns  shall  receive  fifty percent of the moneys made available by the
state; and (b) support and services of treatment  programs  for  persons
suffering from gambling addictions. Moneys not [appropriated] SEGREGATED
for  such  purposes  shall  be  transferred  to the general fund for the
support of government during the fiscal year in which they are received.
  S 2.  Paragraph (a) of subdivision 4 of  section  99-h  of  the  state
finance  law,  as  amended  by section 2 of part QQ of chapter 59 of the
laws of 2009, is amended to read as follows:
  (a) Monies which are appropriated and received each year by the  state
as a portion of the negotiated percentage of the net drop from electron-
ic  gaming  devices the state receives in relation to the operation of a
gaming facility in the city of Niagara Falls, county  of  Niagara  which
subdivision  three  of  this section requires to be a minimum of twenty-
five percent, shall be budgeted and disbursed by  the  city  of  Niagara
Falls in the following manner:
  (i)  [seventy-five]  SEVENTY-THREE  AND  ONE-HALF percent of the total
annual amount received shall be available for expenditure by the city of
Niagara Falls for such public purposes as are determined, by  the  city,
to be necessary and desirable to accommodate and enhance economic devel-
opment,  neighborhood  revitalization,  public  health  and  safety, and
infrastructure improvement in the city,  shall  be  deposited  into  the
tribal  revenue  account of the city and any and all interest and income
derived from the deposit and investment of such monies shall be deposit-
ed into the general operating fund of the city; PROVIDED  HOWEVER,  THAT
ANY  AMOUNT ALLOCATED TO THE NIAGARA FALLS UNDERGROUND RAILROAD HERITAGE
COMMISSION, TO THE EXTENT THAT ITS SHARE PURSUANT TO THE FORMULA  ESTAB-
LISHED IN CLAUSE FIVE OF SUBPARAGRAPH (II) OF THIS PARAGRAPH EXCEEDS ONE
PERCENT,  SUCH  AMOUNTS SHALL BE DISTRIBUTED FROM THE FUNDS AVAILABLE TO
THE CITY FOR ITS PUBLIC PURPOSES PURSUANT TO THIS PARAGRAPH; and
  (ii) the remaining [twenty-five] TWENTY-SIX AND  ONE-HALF  percent  of
the  total  annual  amount  received  shall be allocated for the city of
Niagara Falls to be available for expenditure in the following manner:
  (1) within thirty-five days upon receipt of such funds by  such  city,
five  and  one-half  percent of the total annual amount received in each
year, not to exceed seven hundred fifty thousand dollars annually, shall

S. 2810--C                         18                         A. 4010--C

be transferred to Niagara Falls memorial medical center to be  used  for
capital construction projects; and
  (2)  within  thirty-five days upon receipt of such funds by such city,
five and one-half percent of the total annual amount  received  in  each
year, not to exceed seven hundred fifty thousand dollars annually, shall
be  transferred  to  the  Niagara Falls city school district for capital
construction projects; and
  (3) within thirty-five days upon receipt of such funds by  such  city,
[six]  SEVEN  percent  in  each year shall be transferred to the Niagara
tourism and convention center  corporation  for  marketing  and  tourism
promotion  in the county of Niagara including the city of Niagara Falls;
and
  (4) an amount equal to the lesser of  one  million  dollars  or  seven
percent  of  the  total  amount in each year shall be transferred to the
city of Niagara Falls and held in an escrow account  maintained  by  the
city of Niagara Falls and, if additional funding has been secured by the
Niagara  frontier  transportation authority to finance construction of a
new terminal at Niagara Falls, such  amount  held  in  escrow  shall  be
transferred  to  the  Niagara frontier transportation authority for such
purpose provided however that if such additional funding  has  not  been
secured  or  construction of a new terminal has not commenced within two
years of the date which such monies were received by the city of Niagara
Falls such amounts held in escrow by the city of Niagara Falls shall  be
distributed pursuant to subparagraph (iii) of this paragraph; and
  (5)  within  thirty-five days upon receipt of such funds by such city,
one percent or three hundred fifty thousand dollars, whichever is great-
er, of the total annual amount received in each  year  shall  be  trans-
ferred  to  the  Niagara Falls Underground Railroad Heritage Commission,
established pursuant to article forty-three of the parks, recreation and
historic preservation law to be used for, but not limited  to,  develop-
ment,  capital  improvements, acquisition of real property, and acquisi-
tion of personal property within  the  heritage  area  in  the  city  of
Niagara Falls as established pursuant to the commission; PROVIDED IN THE
EVENT  THE  DISTRIBUTION  AVAILABLE  PURSUANT TO THIS CLAUSE EXCEEDS ONE
PERCENT, IT SHALL BE DISTRIBUTED FROM THE MONEYS AVAILABLE  PURSUANT  TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH; and
  (iii)  all  other  monies  appropriated  or  received for distribution
pursuant to this subdivision after the transfer  of  money  pursuant  to
this  subparagraph  and  subparagraphs (i) and (ii) of this paragraph in
each year shall be allocated to the city of Niagara  Falls  for  infras-
tructure and road improvement projects.
  S 3. This act shall take effect immediately; provided that:
  (a)  the  amendments  to  subdivision  3  of section 99-h of the state
finance law made by section one of this act shall expire and  be  deemed
repealed March 31, 2013; and
  (b)  the  amendments to paragraph (a) of subdivision 4 of section 99-h
of the state finance law made by section  two  of  this  act  shall  not
affect  the  expiration  of  such  section and shall be deemed to expire
therewith.

                                 PART X

  Intentionally omitted.

                                 PART Y

S. 2810--C                         19                         A. 4010--C

  Section 1. Subdivisions 1 and 6 of section 408 of the general business
law, as added by chapter 509 of the laws of 1992, are amended to read as
follows:
  1.  All  licenses shall expire [two] FOUR years from the date of issu-
ance.
  6. Any license, which has not been suspended or revoked, may, upon the
payment of the renewal fee, be renewed for additional periods  of  [two]
FOUR  years  from its application, without further examination, upon the
filing of an application for such renewal, on a form to be prescribed by
the secretary.
  S 2. Subdivisions 1, 2 and 7 of section 409 of  the  general  business
law,  subdivision  1  as  amended by chapter 341 of the laws of 1998 and
subdivisions 2 and 7 as added by chapter 509 of the laws  of  1992,  are
amended to read as follows:
  1.  The  non-refundable fee for an application for a license to engage
in the practice of nail specialty, waxing, natural hair styling, esthet-
ics or cosmetology, shall be [twenty] FORTY dollars  initially  and  for
each  renewal  thereof  the fee shall be [twenty] FORTY dollars; the fee
for a temporary license and each renewal shall be ten dollars.
  2. The fee for an appearance enhancement  business  license  shall  be
[thirty]  SIXTY  dollars  initially  and [thirty] SIXTY dollars for each
renewal thereof.
  7. The fees herein set forth shall be those for  licenses  issued  for
the license period of [two] FOUR years.
  S  3. Subdivisions 2 and 4 of section 437 of the general business law,
subdivision 2 as amended by chapter 497 of the laws of 1985 and subdivi-
sion 4 as added by chapter 801 of the laws of 1946 and as renumbered  by
chapter 263 of the laws of 1949, are amended to read as follows:
  2. A certificate of registration as an apprentice shall be for a peri-
od of [two] FOUR years.
  4.  A  certificate of registration expiring in any year, which has not
been revoked, may, upon payment of the fee prescribed by  this  article,
be  renewed  for  additional  periods of [two] FOUR years upon filing an
application therefor and the certificate mentioned in subdivision two on
condition, however, that no certificate of registration  may  be  issued
after  one  renewal, unless the applicant for such certificate of regis-
tration has complied with all the provisions of this article relating to
apprentices.
  S 4. Subdivisions 1 and 4 of section 439 of the general business  law,
subdivision 1 as amended by chapter 497 of the laws of 1985 and subdivi-
sion  4  as  amended  by chapter 243 of the laws of 1999, are amended to
read as follows:
  1. All licenses, except temporary licenses, shall be for a  period  of
[two] FOUR years.
  4.  Any  license or certificate, except a temporary license, which has
not been suspended or revoked, may, upon the payment of the renewal  fee
prescribed  by  this article, be renewed for additional periods of [two]
FOUR years from its expiration, without further  examination,  upon  the
filing  of  any application for such renewal, on a form to be prescribed
by the secretary of state, accompanied by the  certificate  required  by
paragraph  (c)  and  the certificate of completion required by paragraph
(e-1) of subdivision one of section four  hundred  thirty-four  of  this
article.
  S 5. Subdivisions 1, 2, 4 and 8 of section 440 of the general business
law,  as  amended by chapter 61 of the laws of 1989, are amended to read
as follows:

S. 2810--C                         20                         A. 4010--C

  1. The fee for a license to engage in the practice of barbering  shall
be  [twenty] FORTY dollars and for each renewal thereof the fee shall be
[twenty] FORTY dollars.
  2.  The  fee  for a license to conduct a barber shop shall be [thirty]
SIXTY dollars and for each renewal thereof the  fee  shall  be  [thirty]
SIXTY dollars.
  4.  The fee for the registration or the renewal of the registration of
an apprentice shall be [ten] TWENTY dollars.
  8. The fees hereinabove set forth shall be those for  licenses  issued
for  the  license  period  of  [two]  FOUR  years.   Notwithstanding the
provisions of subdivision one of section  four  hundred  thirty-nine  of
this  article,  after [January first, nineteen hundred eighty-six] APRIL
FIRST, TWO THOUSAND ELEVEN, the secretary of state  shall  assign  stag-
gered expiration dates for outstanding licenses that have been previous-
ly  renewed  [on  June  thirtieth  of each year] and such licenses shall
thereafter expire  [two]  FOUR  years  from  the  assigned  date  unless
renewed.  [If  the  assigned date results in a term that exceeds twenty-
four months, the applicant shall pay an additional  prorated  adjustment
together  with  the  regular  renewal fee.] The secretary of state shall
assign dates to existing licenses in a manner which shall  result  in  a
term of not less than [two] FOUR years.
  S 6. This act shall take effect immediately.

                                 PART Z

  Intentionally omitted.

                                 PART AA

  Section  1.  Section 13-0355 of the environmental conservation law, as
added by section 6 of part LL of chapter 59 of  the  laws  of  2009,  is
amended to read as follows:
S 13-0355. Recreational marine fishing [license] REGISTRATION.
  1.  Definitions of [licenses] REGISTRATIONS; privileges. [a.] A recre-
ational marine fishing [license] REGISTRATION entitles the holder who is
sixteen years of age or older to take fish from the waters of the marine
and coastal district and to take migratory fish  of  the  sea  from  all
waters  of the state, except as provided in sections 13-0333 and 13-0335
of this title. A recreational marine fishing [license]  REGISTRATION  is
effective  for a [license] REGISTRATION year beginning January first and
ending December thirty-first.
  [b. A seven-day recreational marine fishing license
 entitles the holder to exercise the privileges of a recreational marine
fishing license  for  the  seven  consecutive  days  specified  in  such
license.
  c.  A  one-day recreational marine fishing license entitles the holder
to exercise the privileges of a recreational marine fishing  license  on
the day specified on such license.]
  2.  General  provisions.  a.  The  privileges of a recreational marine
fishing [license] REGISTRATION may be exercised only at  the  times  and
places,  and  in the manner and to the extent, permitted by the fish and
wildlife law and applicable regulations of the department.
  b. Recreational marine fishing [licenses] REGISTRATIONS are not trans-
ferable. No person shall  alter,  change,  lend  to  another  person  or
attempt  to  transfer  to another person any recreational marine fishing
[license] REGISTRATION.

S. 2810--C                         21                         A. 4010--C

  c. A [license] REGISTRATION issued in lieu  of  a  lost  or  destroyed
[license]  REGISTRATION is void if it is obtained: (i) by fraud; or (ii)
by a person who is not authorized to hold it or who makes a false state-
ment in applying for it.
  d.  No  [license]  REGISTRATION  authorizes the holder (a) to trespass
upon private lands or waters or to interfere with property belonging  to
another  person;  (b) to take fish or wildlife on an Indian reservation;
(c) to enter upon, or to take or disturb fish or  wildlife  upon,  state
lands  or  waters  posted  by the department except in accordance with a
written permit from the department or an order adopted  by  the  depart-
ment;  (d) to take any fish or wildlife in any area closed to the taking
of fish or wildlife, or  to  take  any  species  of  fish,  wildlife  or
protected insect in an area closed to the taking of such species.
  3. Failure to carry [license] REGISTRATION.  a. The holder of a recre-
ational marine fishing [license] REGISTRATION shall:
  (i)  at  all  times  have  such [license] REGISTRATION on the holder's
person while exercising any privilege of  that  [license]  REGISTRATION;
and
  (ii) shall exhibit such [license] REGISTRATION on demand to any police
officer,  peace  officer, or owner, lessee or other person in control of
the lands or waters or the designees of the owner, lessee or  person  in
control of the lands or waters on which the [license] REGISTRATION hold-
er is present and is exercising the privileges thereof.
  b.  Failure  to have a recreational marine fishing [license] REGISTRA-
TION on one's person while exercising any privilege  of  that  [license]
REGISTRATION is presumptive evidence that such person is fishing without
holding the [license] REGISTRATION required by this section.
  4.  Fees.  [Each]  NO  applicant  for  a  recreational  marine fishing
[license] REGISTRATION shall [pay to the issuing officer a fee according
to the license issued and the residence or other  qualification  of  the
applicant, as follows:
  a.  In  the  case  of persons who have been residents of the state for
thirty days or more immediately preceding the date of application or who
are enrolled in a full-time course at a college or university within the
state and who are in residence in the state for the school year, Indians
residing off reservations in the state and members of the United  States
armed  forces  in  active  service stationed in this state regardless of
place of residence at the time of entry into service:
     License                              Fee
     (1) Recreational marine fishing    $10.00
     (2) Seven-day recreational marine
     fishing                            $ 8.00
     (3) One-day recreational marine
     fishing                             $ 4.00
  b. In the case of a non-resident and persons resident in the state for
less than thirty days, other than persons who are enrolled  in  a  full-
time  course  at a college or university within the state and who are in
residence in the state for the school year  and  those  members  of  the
United  States armed forces as to whom fees are specified in paragraph a
of this subdivision:
     License                              Fee
     (1) Recreational marine fishing    $15.00
     (2) Seven-day recreational marine
     fishing                            $10.00
     (3) One-day recreational marine
     fishing                            $ 5.00

S. 2810--C                         22                         A. 4010--C

  c. A person eligible for any free license pursuant to subdivision 2 of
section 11-0715 of this chapter shall be eligible for a free recreation-
al marine fishing license.
  d.  License  issuing  officers  may  retain  5.5  percent of the gross
proceeds from the sale of all recreational marine fishing  licenses]  BE
REQUIRED TO PAY A FEE FOR SUCH REGISTRATION.
  5. Exemption from requirement of recreational marine fishing [license]
REGISTRATION.  a.    Minors under the age of sixteen may take fish as if
they held a recreational marine fishing [license] REGISTRATION.
  b. Recreational fishing passengers on a marine  and  coastal  district
party  or  charter  boat  licensed  AND  REGISTERED  pursuant to section
13-0336 of this title may take fish  as  if  they  held  a  recreational
marine fishing [license] REGISTRATION.
  6.  Recreational  marine fishing [licenses] REGISTRATION data. a.  The
department is authorized to collect  data  on  holders  of  recreational
marine  fishing [licenses] REGISTRATIONS, which shall include but not be
limited to, a [licensee's] REGISTRANT'S name, address and date of birth.
  b. [License] REGISTRATION holder data collected by the  department  or
available  to  the  department  shall  be  confidential and shall not be
disclosed except as required to comply with section 401(g) of the Magnu-
son-Stevens fisheries management and conservation act (16 U.S.C.  1881),
as  may be amended from time to time, or by court order, except that the
department may release or make public any statistics in an aggregate  or
summary  form which does not make it possible to identify any person who
submits such data. The department may prescribe such procedures  as  may
be necessary to preserve such confidentiality.
  7.  Reciprocity  in  boundary  waters. If persons holding recreational
marine fishing [licenses] REGISTRATIONS issued under the New  York  fish
and  wildlife  law  are  not  required to have licenses OR REGISTRATIONS
issued by a state named in paragraph a, b or c of this subdivision  when
fishing  in  that part of the waters, specified in such paragraph, which
lies within that state then, in such case, a person  holding  a  similar
license OR REGISTRATION issued by such state may, without a recreational
marine fishing [license] REGISTRATION issued under the New York fish and
wildlife  law,  take  fish  as provided in this title, from that part of
such waters specified in paragraph a, b or c of this  subdivision  which
lies within this state:
  a.  License OR REGISTRATION issued by Connecticut: those parts of Long
Island Sound lying between New York and Connecticut.
  b. License OR REGISTRATION issued by New Jersey: those  parts  of  New
York  Harbor,  Hudson River, Kill Van Kull, Arthur Kill, Raritan Bay and
Atlantic Ocean lying between New York and New Jersey.
  c. License OR REGISTRATION issued by Rhode Island: those parts of Long
Island Sound, Block Island Sound and Atlantic Ocean  lying  between  New
York and Rhode Island.
  S  2.  Subdivision 1 of section 11-0702 of the environmental conserva-
tion law, as amended by chapter 507 of the laws of 2010, is  amended  to
read as follows:
  1.  There  are hereby created the following lifetime hunting, fishing,
trapping, archery and muzzle-loading licenses and fees therefor  subject
to  the  same  privileges  and  obligations  of  a comparable short term
license:

             Licenses                               Fees
      a. Lifetime sportsman
     license and turkey

S. 2810--C                         23                         A. 4010--C

     permit. If purchased,
     for a  child four years
     of age or younger                              $380.00

      for a child age five through
     eleven years of age                            $535.00

      for a person age twelve through
     sixty-nine years of age                        $765.00

      for a person age seventy
      and over.                                     $65.00

      b. Lifetime small and
     big game license.                              $535.00

      c. Lifetime fishing
     license for a person age
     sixty-nine or younger.                         $460.00

      d. Lifetime fishing license
     for a person age seventy
     and over.                                      $ 65.00

      e. Lifetime trapping
     license.                                       $395.00

      f. Lifetime archery
     stamp.                                         $235.00

      g. Lifetime muzzle-
     loading stamp.                                 $235.00

      [h. Lifetime recreational
     marine fishing license.                        $150.00

      i. Lifetime combination fishing
     and recreational marine fishing
     license.                                       $450.00]

      j. For transfer to a person pursuant
     to section 11-0704 of this title                $50.00

  The holder of a lifetime small and big game license or fishing license
may,  at  any time, convert such license to a lifetime sportsman license
and turkey permit for an additional fee equal to the existing  differen-
tial.
  S  3.  Subdivision 1 of section 11-0713 of the environmental conserva-
tion law, as amended by section 4 of part LL of chapter 59 of  the  laws
of 2009, is amended to read as follows:
  1. a. All licenses, stamps, tags, buttons, permits, REGISTRATIONS, and
permit  applications authorized by this title or section 13-0355 of this
chapter, and any additional  privileges  authorized  by  the  department
shall be issued by:
  (1)  clerks  of  a  county, town or city, except a city having a popu-
lation of one million or more, although such clerks may request authori-

S. 2810--C                         24                         A. 4010--C

zation from the department to cease issuing such licenses  OR  REGISTRA-
TIONS,
  (2)  clerks  of  a  village  having more than one thousand inhabitants
according to the last preceding federal census, or of  a  village  in  a
county  of less than five hundred thousand inhabitants, adjoining a city
of over one million inhabitants, both according to such census, although
such clerks may request authorization from the department to cease issu-
ing such licenses OR REGISTRATIONS, and
  (3) license issuing officers as may be appointed by the  commissioner.
Applicants for designation as license issuing officers shall be over the
age  of  eighteen years and shall meet such other requirements of eligi-
bility, including posting bond, as  the  department  may  by  regulation
specify. Such issuing officers shall be entitled to receive and keep the
same  fees for issuing licenses and stamps that are specified in section
11-0715 of this title for issuing clerks [and section  13-0355  of  this
chapter], and shall file reports and remit license fees to the appropri-
ate  regional  environmental  conservation  officer or the department as
required by regulation.
  b. Special antlerless deer licenses shall be issued by the  department
as provided in subdivision 6 of section 11-0903 of this article.
  c.  One-day  fishing licenses [and one-day recreational marine fishing
licenses] may be issued by any person who has never been convicted of or
pleaded guilty to a misdemeanor under this chapter within the past three
years, and has not been convicted of a crime under any other  law.  Such
licenses  shall  be  issued  to any such person following payment of the
applicable license fee for each license. One-day fishing  licenses  [and
one-day recreational marine fishing licenses] may be sold by the initial
purchaser  for  no more than the applicable license fee, plus one dollar
for the person selling such license. In the case of misuse or  fraud  in
handling  the  fishing licenses, the department shall have the authority
to revoke the privilege to buy and sell the licenses.
  S 4. Subdivision 1 of section 13-0336 of the  environmental  conserva-
tion  law,  as amended by section 5 of part LL of chapter 59 of the laws
of 2009, is amended to read as follows:
  1. No owner or operator of a party boat or charter  boat  shall  carry
recreational  fishing  passengers  in the marine and coastal district or
land fish taken outside the territorial  waters  of  the  state  without
holding  a party or charter boat license issued by the department for an
annual fee of two hundred fifty dollars and a recreational marine  fish-
ing  [license]  REGISTRATION issued by the department [for an annual fee
of four hundred dollars]. Such [licenses] LICENSE AND REGISTRATION shall
be issued only to persons domiciled in the state or  in  a  state  which
affords  reciprocal fishing privileges to persons domiciled in New York.
Such [licenses] LICENSE AND  REGISTRATION  shall  be  available  on  the
vessel  at  all times. For purposes of this subdivision, party boats and
charter boats are vessels used to carry passengers for  hire  wherein  a
fee is charged, either directly or indirectly, for the purpose of taking
or attempting to take marine fish for recreational purposes.
  S  5. Paragraphs (c), (d), and (e) of subdivision 2 of section 13-0503
of the environmental conservation law, paragraphs (c) and (d)  as  added
and  paragraph  (e)  as amended by section 7 of part LL of chapter 59 of
the laws of 2009, are amended to read as follows:
  (c) review the allocations and expenditures of the department  related
to  the marine resources account. To assist the board in its review, the
department shall by September first of each year make available  to  the
board,  the  governor and the legislature current and anticipated income

S. 2810--C                         25                         A. 4010--C

and expenditures for the account, including planned expenditures by time
and activity code for the next fiscal year; AND
  (d)  consult with marine fish and wildlife interests and render annual
reports to the commissioner on fiscal needs and make recommendations  on
expenditures and how such needs shall be met[; and
  (e)  make  recommendations  regarding  the maximum fees for the recre-
ational marine fishing licenses identified in section  13-0355  of  this
article.    In recommending such fees, the board shall consider economic
indicators, the general financial condition of the saltwater recreation-
al fishing industry and the status  of  the  marine  resources  account,
including  the viability of the marine resources program, as it may deem
appropriate].
  S 6. Any person who holds a recreational marine  fishing  license  for
the  2011  calendar year shall be deemed to have satisfied the registra-
tion requirements of sections 13-0355 and 13-0336 of  the  environmental
conservation law for the calendar year 2011.
  S  7.  Any  person who holds a lifetime combination fishing and recre-
ational marine fishing  license  shall  be  issued  a  lifetime  fishing
license  without  paying the additional ten dollars that would otherwise
be charged for the lifetime fishing license.
  S 8. Any person who purchased a lifetime recreational  marine  fishing
license shall be entitled to a refund from the state fish and game trust
account.  All refunds must be provided by December 31, 2011.
  S  9.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, 2013.

                                 PART BB

  Section 1. Subdivision 3  of  section  19-0323  of  the  environmental
conservation  law,  as  added  by  chapter  629  of the laws of 2006, is
amended to read as follows:
  3. Any diesel powered heavy duty vehicle that is owned by, operated by
or on behalf of, or leased by a state  agency  and  state  and  regional
public  authority with more than half of its governing body appointed by
the governor shall utilize the best available  retrofit  technology  for
reducing  the  emission of pollutants. The commissioner shall promulgate
regulations  for  the  implementation  of  this  subdivision  specifying
[procedures for compliance according to the following schedule:
  a. Not less than 33% of the vehicles covered by this subdivision shall
have best available retrofit technology on or before December 31, 2008.
  b. Not less than 66% of the vehicles covered by this subdivision shall
have best available retrofit technology on or before December 31, 2009.
  c.  All] THAT ALL vehicles covered by this subdivision shall have best
available retrofit technology on or before December 31, [2010] 2012.
  S 2. This act shall take effect immediately.

                                 PART CC

  Section 1. Short title. This act shall be known and may  be  cited  as
the "recharge New York power program act."
  S  2.  The economic development law is amended by adding a new section
188-a to read as follows:
  S 188-A. RECHARGE NEW YORK POWER PROGRAM.   (A) DEFINITIONS.  FOR  THE
PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:

S. 2810--C                         26                         A. 4010--C

  (1) "APPLICABLE CRITERIA" SHALL MEAN THE CRITERIA SPECIFIED IN  SUBDI-
VISION (C) OF THIS SECTION.
  (2)  "AUTHORITY"  SHALL  MEAN  THE POWER AUTHORITY OF THE STATE OF NEW
YORK.
  (3) "RECHARGE NEW YORK POWER ALLOCATION" OR "ALLOCATION" SHALL MEAN AN
ALLOCATION OF RECHARGE NEW YORK POWER BY  THE  POWER  AUTHORITY  OF  THE
STATE  OF  NEW  YORK PURSUANT TO SECTION ONE THOUSAND FIVE OF THE PUBLIC
AUTHORITIES LAW TO AN ELIGIBLE APPLICANT RECOMMENDED  BY  THE  NEW  YORK
STATE  ECONOMIC  DEVELOPMENT  POWER  ALLOCATION BOARD IN ACCORDANCE WITH
THIS SECTION.
  (4) "ELIGIBLE APPLICANT" SHALL MEAN  AN  ELIGIBLE  BUSINESS,  ELIGIBLE
SMALL  BUSINESS,  OR  ELIGIBLE  NOT-FOR-PROFIT CORPORATION AS DEFINED IN
THIS SECTION, PROVIDED HOWEVER, THAT AN  ELIGIBLE  APPLICANT  SHALL  NOT
INCLUDE  RETAIL  BUSINESSES  AS DEFINED BY THE BOARD, INCLUDING, WITHOUT
LIMITATION, SPORTS VENUES, GAMING  OR  ENTERTAINMENT-RELATED  ESTABLISH-
MENTS OR PLACES OF OVERNIGHT ACCOMMODATION.
  (5)   "ELIGIBLE   BUSINESS"   SHALL  MEAN  A  BUSINESS  OTHER  THAN  A
NOT-FOR-PROFIT CORPORATION WHICH NORMALLY UTILIZES A MINIMUM PEAK  ELEC-
TRIC DEMAND IN EXCESS OF FOUR HUNDRED KILOWATTS.
  (6)  "ELIGIBLE  NOT-FOR-PROFIT  CORPORATION"  SHALL MEAN A CORPORATION
DEFINED IN SUBDIVISION FIVE OF PARAGRAPH (A) OF SECTION ONE HUNDRED  TWO
OF THE NOT-FOR-PROFIT CORPORATION LAW.
  (7)  "ELIGIBLE SMALL BUSINESS" SHALL MEAN A BUSINESS OTHER THAN A NOT-
FOR-PROFIT CORPORATION WHICH NORMALLY UTILIZES A MINIMUM  PEAK  ELECTRIC
DEMAND EQUAL TO OR LESS THAN FOUR HUNDRED KILOWATTS.
  (8)  "RECHARGE NEW YORK POWER" SHALL MEAN AND CONSIST OF EQUAL AMOUNTS
OF (I) FOUR HUNDRED FIFTY-FIVE MEGAWATTS  OF  FIRM  HYDROELECTRIC  POWER
FROM  THE  NIAGARA AND SAINT LAWRENCE HYDROELECTRIC PROJECTS TO BE WITH-
DRAWN FROM UTILITY CORPORATIONS THAT, PRIOR TO  THE  EFFECTIVE  DATE  OF
THIS SECTION, PURCHASED SUCH POWER FOR THE BENEFIT OF THEIR DOMESTIC AND
RURAL  CONSUMERS  ("RECHARGE  NEW  YORK  HYDROPOWER"),  AND  (II)  POWER
PROCURED BY THE AUTHORITY THROUGH  A  COMPETITIVE  PROCUREMENT  PROCESS,
AUTHORITY  SOURCES  (OTHER THAN THE NIAGARA AND SAINT LAWRENCE PROJECTS)
OR THROUGH AN ALTERNATE  METHOD  ("RECHARGE  NEW  YORK  MARKET  POWER");
PROVIDED,  HOWEVER,  THAT  IF  SUCH RECHARGE NEW YORK MARKET POWER COMES
FROM AUTHORITY SOURCES, THE USE OF  THAT  POWER  SHALL  NOT  REDUCE  THE
AVAILABILITY OF, OR CAUSE AN INCREASE IN THE PRICE OF, POWER PROVIDED BY
THE AUTHORITY FOR ANY OTHER PROGRAM AUTHORIZED IN THIS ARTICLE OR PURSU-
ANT TO ANY OTHER STATUTE.
  (B)  APPLICATIONS  FOR  RECHARGE  NEW YORK POWER ALLOCATIONS.  (1) THE
BOARD MAY SOLICIT APPLICATIONS FOR RECHARGE NEW YORK  POWER  ALLOCATIONS
UNDER  THE PROGRAM CREATED BY THIS SECTION BY PUBLIC NOTICE BEGINNING NO
LATER THAN FEBRUARY FIRST, TWO THOUSAND TWELVE.  SUCH NOTICE MAY INCLUDE
NEWSPAPER ADVERTISEMENTS, PRESS RELEASES,  WEBSITE  POSTINGS,  PAPER  OR
ELECTRONIC  MAILING, AND/OR SUCH OTHER FORM OF NOTICE AS THE BOARD FINDS
APPROPRIATE IN CONSULTATION WITH THE AUTHORITY.
  (2) APPLICATIONS FOR RECHARGE NEW YORK POWER ALLOCATIONS SHALL  BE  IN
THE  FORM  AND CONTAIN SUCH INFORMATION, EXHIBITS AND SUPPORTING DATA AS
THE BOARD PRESCRIBES IN CONSULTATION WITH THE AUTHORITY. A COPY OF  EACH
APPLICATION  RECEIVED  SHALL  BE MADE AVAILABLE FOR REVIEW BY EACH BOARD
MEMBER, AND A COPY SHALL BE PROVIDED TO THE AUTHORITY.
  (3) AN APPLICANT WHO IS A RECIPIENT OF  A  HYDROELECTRIC  POWER  ALLO-
CATION  OR  BENEFITS  SUPPORTED BY THE SALE OF HYDROELECTRIC POWER UNDER
ANOTHER PROGRAM ADMINISTERED IN WHOLE OR PART BY THE AUTHORITY SHALL  BE
ELIGIBLE  TO  APPLY  FOR AN ALLOCATION UNDER THE RECHARGE NEW YORK POWER
PROGRAM ONLY IF IT IS IN SUBSTANTIAL  COMPLIANCE  WITH  ITS  CONTRACTUAL

S. 2810--C                         27                         A. 4010--C

COMMITMENTS MADE IN CONNECTION WITH SUCH OTHER PROGRAM, PROVIDED HOWEVER
THAT AN APPLICANT SHALL NOT RECEIVE A RECHARGE NEW YORK POWER ALLOCATION
AND  ANY OTHER AUTHORITY POWER PROGRAM BENEFITS WITH RESPECT TO THE SAME
QUANTITY OF ELECTRICITY CONSUMED AT A FACILITY.
  (4)  SUBJECT  TO  CONFIDENTIALITY  REQUIREMENTS,  UPON RECEIPT OF EACH
APPLICATION FROM THE BOARD, THE AUTHORITY SHALL PROMPTLY NOTIFY BY ELEC-
TRONIC MEANS, INCLUDING WEBSITE POSTINGS  AND  SUCH  OTHER  METHODS  THE
BOARD  DEEMS  APPROPRIATE IN CONSULTATION WITH THE AUTHORITY, THE GOVER-
NOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF  THE  ASSEMBLY,
THE  TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE  MINORITY LEADER OF THE
SENATE, AND EACH MEMBER OF THE STATE LEGISLATURE IN WHOSE  DISTRICT  ANY
PORTION OF THE FACILITY FOR WHICH AN ALLOCATION IS REQUESTED IS LOCATED.
SUCH  NOTICE  SHALL PROVIDE THE NAME AND A DESCRIPTION OF THE APPLICANT,
AND THE ADDRESS OF THE FACILITY FOR WHICH THE ALLOCATION  IS  REQUESTED.
THE AUTHORITY SHALL ALSO DEVELOP A LISTING WHICH CONTAINS THE NAME AND A
DESCRIPTION OF EACH APPLICANT, THE RECHARGE NEW YORK POWER PROGRAM ALLO-
CATION  SOUGHT  BY  EACH  APPLICANT, AND THE ADDRESS OF THE FACILITY FOR
WHICH THE APPLICANT REQUESTS THE ALLOCATION, AND SHALL MAKE THE  LISTING
AVAILABLE FOR PUBLIC REVIEW ON THE AUTHORITY'S WEBSITE.
  (C)  REVIEW  APPLICABLE  CRITERIA AND RECOMMENDATIONS.   (1) THE BOARD
SHALL REVIEW APPLICATIONS SUBMITTED UNDER THE RECHARGE  NEW  YORK  POWER
PROGRAM.  THE  BOARD  SHALL MAKE AN INITIAL DETERMINATION OF WHETHER THE
APPLICANT IS AN ELIGIBLE APPLICANT. IN THE CASE OF  AN  ELIGIBLE  APPLI-
CANT,  THE  BOARD  MAY  RECOMMEND TO THE AUTHORITY THAT AN ALLOCATION OF
RECHARGE NEW YORK POWER BE  AWARDED  TO  AN  APPLICANT  FOR  A  FACILITY
LOCATED IN THE STATE OF NEW YORK BASED ON CONSIDERATION OF THE FOLLOWING
CRITERIA  WHICH SHALL BE CONSIDERED IN THE AGGREGATE AND NO ONE OF WHICH
SHALL BE PRESUMPTIVELY DETERMINATIVE:
  (I) THE SIGNIFICANCE OF THE COST OF  ELECTRICITY  TO  THE  APPLICANT'S
OVERALL  COST OF DOING BUSINESS, AND THE IMPACT THAT A RECHARGE NEW YORK
POWER ALLOCATION WILL HAVE ON THE APPLICANT'S OPERATING COSTS;
  (II) THE EXTENT TO WHICH A RECHARGE NEW  YORK  POWER  ALLOCATION  WILL
RESULT IN NEW CAPITAL INVESTMENT IN THE STATE BY THE APPLICANT;
  (III)  THE  EXTENT  TO  WHICH  A RECHARGE NEW YORK POWER ALLOCATION IS
CONSISTENT WITH ANY REGIONAL ECONOMIC DEVELOPMENT COUNCIL STRATEGIES AND
PRIORITIES;
  (IV) THE TYPE AND COST OF BUILDINGS, EQUIPMENT AND  FACILITIES  TO  BE
CONSTRUCTED,  ENLARGED  OR INSTALLED IF THE APPLICANT WERE TO RECEIVE AN
ALLOCATION;
  (V) THE APPLICANT'S PAYROLL, SALARIES, BENEFITS AND NUMBER OF JOBS  AT
THE  FACILITY  FOR  WHICH  A  RECHARGE  NEW  YORK  POWER  ALLOCATION  IS
REQUESTED;
  (VI) THE NUMBER OF JOBS THAT WILL BE CREATED OR  RETAINED  WITHIN  THE
STATE  IN  RELATION TO THE REQUESTED RECHARGE NEW YORK POWER ALLOCATION,
AND THE EXTENT TO WHICH THE APPLICANT WILL AGREE TO COMMIT  TO  CREATING
OR  RETAINING  SUCH JOBS AS A CONDITION TO RECEIVING A RECHARGE NEW YORK
POWER ALLOCATION;
  (VII) WHETHER THE APPLICANT, DUE TO THE COST  OF  ELECTRICITY,  IS  AT
RISK  OF  CLOSING  OR  CURTAILING FACILITIES OR OPERATIONS IN THE STATE,
RELOCATING FACILITIES OR OPERATIONS  OUT  OF  THE  STATE,  OR  LOSING  A
SIGNIFICANT  NUMBER  OF  JOBS IN THE STATE, IN THE ABSENCE OF A RECHARGE
NEW YORK POWER ALLOCATION;
  (VIII) THE SIGNIFICANCE OF THE APPLICANT'S FACILITY THAT WOULD RECEIVE
THE RECHARGE NEW YORK POWER ALLOCATION TO THE ECONOMY  OF  THE  AREA  IN
WHICH SUCH FACILITY IS LOCATED;

S. 2810--C                         28                         A. 4010--C

  (IX)  THE  EXTENT  TO WHICH THE APPLICANT HAS INVESTED IN ENERGY EFFI-
CIENCY MEASURES, WILL AGREE TO PARTICIPATE IN OR PERFORM  ENERGY  AUDITS
OF  ITS  FACILITIES,  WILL  AGREE  TO  PARTICIPATE  IN ENERGY EFFICIENCY
PROGRAMS OF THE AUTHORITY, OR WILL COMMIT TO IMPLEMENT OR OTHERWISE MAKE
TANGIBLE  INVESTMENTS  IN  ENERGY  EFFICIENCY MEASURES AS A CONDITION TO
RECEIVING A RECHARGE NEW YORK POWER ALLOCATION;
  (X) WHETHER THE APPLICANT RECEIVES A HYDROELECTRIC POWER ALLOCATION OR
BENEFITS SUPPORTED BY THE SALE  OF  HYDROELECTRIC  POWER  UNDER  ANOTHER
PROGRAM ADMINISTERED IN WHOLE OR IN PART BY THE AUTHORITY;
  (XI)  THE  EXTENT  TO  WHICH A RECHARGE NEW YORK POWER ALLOCATION WILL
RESULT IN AN ADVANTAGE FOR AN APPLICANT IN RELATION TO  THE  APPLICANT'S
COMPETITORS WITHIN THE STATE; AND
  (XII)  IN  ADDITION  TO  THE  FOREGOING  CRITERIA,  IN  THE  CASE OF A
NOT-FOR-PROFIT CORPORATION,  WHETHER  THE  APPLICANT  PROVIDES  CRITICAL
SERVICES  OR  SUBSTANTIAL  BENEFITS  TO THE LOCAL COMMUNITY IN WHICH THE
FACILITY FOR WHICH THE ALLOCATION IS REQUESTED IS LOCATED.
  (2) A RECOMMENDATION  BY  THE  BOARD  THAT  THE  AUTHORITY  PROVIDE  A
RECHARGE  NEW  YORK  POWER  ALLOCATION  TO  AN  ELIGIBLE APPLICANT SHALL
INCLUDE, BUT NEED NOT BE LIMITED TO:
  (I) THE AMOUNT OF THE RECHARGE NEW YORK POWER ALLOCATION THE BOARD HAS
DETERMINED SHOULD BE AWARDED TO SUCH ELIGIBLE APPLICANT, PROVIDED HOWEV-
ER, THAT THE BOARD MAY RECOMMEND A RECHARGE NEW YORK POWER ALLOCATION IN
AN AMOUNT THAT IS LESS THAN THE AMOUNT REQUESTED BY SUCH APPLICANT;
  (II) AN EFFECTIVE INITIAL TERM OF THE ALLOCATION AND CONTRACT  BETWEEN
THE  ELIGIBLE  APPLICANT  AND THE AUTHORITY WHICH SHALL NOT EXCEED SEVEN
YEARS, PROVIDED HOWEVER  THAT  THE  TERM  OF  ANY  SUCH  ALLOCATION  AND
CONTRACT  SHALL  NOT  BECOME  EFFECTIVE  BEFORE JULY FIRST, TWO THOUSAND
TWELVE;
  (III) PROVISIONS FOR EFFECTIVE PERIODIC AUDITS OF THE RECIPIENT OF  AN
ALLOCATION  FOR  THE PURPOSE OF DETERMINING CONTRACT AND PROGRAM COMPLI-
ANCE, AND FOR THE PARTIAL OR COMPLETE WITHDRAWAL OF AN ALLOCATION IF THE
RECIPIENT FAILS TO MAINTAIN MUTUALLY AGREED UPON  COMMITMENTS,  RELATING
TO,  AMONG  OTHER  THINGS, EMPLOYMENT LEVELS, POWER UTILIZATION, CAPITAL
INVESTMENTS, AND/OR ENERGY EFFICIENCY MEASURES;
  (IV) A REQUIREMENT FOR AN AGREEMENT BY THE RECIPIENT OF AN  ALLOCATION
TO (A) UNDERTAKE AT ITS OWN EXPENSE AN ENERGY AUDIT OF ITS FACILITIES AT
WHICH  THE  ALLOCATION  IS CONSUMED AT LEAST ONCE DURING THE TERM OF THE
ALLOCATION BUT IN ANY  EVENT  NOT  LESS  THAN  ONCE  EVERY  FIVE  YEARS,
PROVIDED,  HOWEVER,  THAT  SUCH REQUIREMENT MAY BE WAIVED OR MODIFIED BY
THE AUTHORITY ON A SHOWING OF GOOD  CAUSE  BY  THE  RECIPIENT,  AND  (B)
PROVIDE  THE AUTHORITY WITH A COPY OF ANY SUCH AUDIT OR, AT THE AUTHORI-
TY'S OPTION, A REPORT DESCRIBING THE RESULTS OF SUCH AUDIT, AND  PROVIDE
DOCUMENTATION  REQUESTED BY THE AUTHORITY RELATING TO THE IMPLEMENTATION
OF ANY EFFICIENCY MEASURES AT THE FACILITIES; AND
  (V) A REQUIREMENT FOR AN AGREEMENT BY THE RECIPIENT OF  AN  ALLOCATION
TO  (A)  MAKE ITS FACILITIES AVAILABLE AT REASONABLE TIMES AND INTERVALS
FOR ENERGY AUDITS AND RELATED ASSESSMENTS THAT THE AUTHORITY DESIRES  TO
PERFORM,  IF ANY, AT THE AUTHORITY'S OWN EXPENSE, AND (B) PROVIDE INFOR-
MATION REQUESTED BY THE AUTHORITY OR ITS DESIGNEE IN SURVEYS,  QUESTION-
NAIRES  AND OTHER INFORMATION REQUESTS RELATING TO ENERGY EFFICIENCY AND
ENERGY-RELATED PROJECTS, PROGRAMS AND SERVICES.
  (3) THE BOARD'S  RECOMMENDATION  SHALL  REQUIRE  THAT  IF  THE  ACTUAL
METERED  LOAD  AT  THE FACILITY WHERE THE ALLOCATION IS UTILIZED IS LESS
THAN THE  ALLOCATION,  SUCH  ALLOCATION  WILL  BE  REDUCED  ACCORDINGLY,
PROVIDED  THAT,  UNDER  ITS  CONTRACT  WITH THE AUTHORITY, THE RECIPIENT
SHALL BE AFFORDED A REASONABLE PERIOD WITHIN WHICH TO FULLY UTILIZE  THE

S. 2810--C                         29                         A. 4010--C

ALLOCATION,  TAKING  INTO  ACCOUNT  CONSTRUCTION  SCHEDULES AND ECONOMIC
CONDITIONS. THE AUTHORITY SHALL REALLOCATE ANY WITHDRAWN OR RELINQUISHED
POWER FOR THE RECHARGE NEW YORK POWER PROGRAM CONSISTENT WITH  PARAGRAPH
FOUR OF THIS SUBDIVISION.
  (4) THE BOARD MAY BASE ITS RECOMMENDATION ON WHICH ELIGIBLE APPLICANTS
IT DETERMINES BEST MEET THE APPLICABLE CRITERIA; PROVIDED, HOWEVER, THAT
THE  BOARD  SHALL  DEDICATE  RECHARGE  NEW YORK POWER AS FOLLOWS: (I) AT
LEAST THREE HUNDRED FIFTY MEGAWATTS FOR USE AT FACILITIES LOCATED WITHIN
THE SERVICE TERRITORIES OF THE UTILITY CORPORATIONS THAT, PRIOR  TO  THE
EFFECTIVE  DATE  OF  THIS  SECTION, PURCHASED NIAGARA AND SAINT LAWRENCE
HYDROELECTRIC POWER FOR THE BENEFIT OF THEIR DOMESTIC AND RURAL  CONSUM-
ERS;  (II) AT LEAST TWO HUNDRED MEGAWATTS FOR THE PURPOSES OF ATTRACTING
NEW BUSINESS TO THE STATE, CREATING NEW BUSINESS WITHIN  THE  STATE,  OR
ENCOURAGING  THE EXPANSION OF EXISTING BUSINESSES WITHIN THE STATE, THAT
CREATE NEW JOBS OR LEVERAGE NEW CAPITAL INVESTMENT; AND (III) AN  AMOUNT
NOT  TO  EXCEED  ONE HUNDRED MEGAWATTS FOR ELIGIBLE SMALL BUSINESSES AND
ELIGIBLE NOT-FOR-PROFIT CORPORATIONS.
  (5) THE BOARD SHALL ISSUE A WRITTEN  STATEMENT  OF  ITS  FINDINGS  AND
CONCLUSIONS  WITH  RESPECT  TO EVERY APPLICATION AND THE REASONS FOR ITS
RECOMMENDATION TO THE AUTHORITY.
  (6) A RECOMMENDATION FOR A RECHARGE NEW YORK  POWER  ALLOCATION  SHALL
QUALIFY  AN APPLICANT TO ENTER INTO A CONTRACT WITH THE AUTHORITY PURSU-
ANT TO THE TERMS AND CONDITIONS OF THE RECOMMENDATION BY THE  BOARD  AND
ON SUCH OTHER TERMS AS THE AUTHORITY DETERMINES TO BE APPROPRIATE.
  (7)  THE  BOARD SHALL NOT RECOMMEND A TOTAL OF RECHARGE NEW YORK POWER
ALLOCATIONS IN EXCESS OF NINE HUNDRED TEN MEGAWATTS.
  (D) THE AUTHORITY SHALL WORK  COOPERATIVELY  WITH  THE  DEPARTMENT  OF
PUBLIC  SERVICE  TO  RECOMMEND  TO THE PUBLIC SERVICE COMMISSION REDUCED
RATES OR AN EQUIVALENT MECHANISM FOR  THE  DELIVERY  BY  UTILITY  CORPO-
RATIONS  OF RECHARGE NEW YORK POWER PROGRAM ALLOCATIONS. ANY SUCH RECOM-
MENDATION FOR REDUCED DELIVERY RATES SHALL BE AT SUCH LEVEL AS TO  ALLOW
THE  UTILITY  TO  (I) RECOVER THE INCREMENTAL COST OF PROVIDING DELIVERY
SERVICE TO SUCH CUSTOMERS, AND (II) CONTRIBUTE TO  THE  COMMON  DELIVERY
AND RELATED COSTS WHICH OTHERWISE WOULD BE BORNE BY OTHER CUSTOMERS.
  (E)  THE  AUTHORITY SHALL, AT A MINIMUM, REPORT QUARTERLY TO THE BOARD
ON THE AVAILABILITY OF  RECHARGE  NEW  YORK  POWER  FOR  THE  SUBSEQUENT
TWELVE-MONTH  PERIOD, THE AMOUNT OF SUCH POWER ALLOCATED AND OTHER RELE-
VANT INFORMATION.
  (F) AFTER AN AWARD OF A RECHARGE NEW YORK POWER ALLOCATION, THE  BOARD
SHALL  ACCEPT  REQUESTS  FROM RECIPIENTS WHO AT THE TIME OF SUCH REQUEST
ARE ELIGIBLE APPLICANTS WHO ARE IN SUBSTANTIAL COMPLIANCE WITH  CONTRAC-
TUAL  COMMITMENTS  MADE  IN  CONNECTION WITH THE RECHARGE NEW YORK POWER
PROGRAM FOR AN EXTENSION OF AN EXISTING ALLOCATION (I) DURING THE  TWEN-
TY-FOUR MONTH PERIOD IMMEDIATELY PRECEDING THE EXPIRATION OF THE TERM OF
THE  ALLOCATION,  OR  (II)  AT SUCH EARLIER TIME WITH THE CONSENT OF THE
AUTHORITY IN WRITING. REQUESTS FOR EXTENSIONS SHALL  BE  REVIEWED  USING
THE  CRITERIA  SET  FORTH  IN  PARAGRAPH  ONE OF SUBDIVISION (C) OF THIS
SECTION.
  (G) TRANSFERS OF RECHARGE NEW YORK POWER.  NOTWITHSTANDING  ANY  OTHER
APPROVAL  REQUIRED BY STATUTE, REGULATION OR CONTRACT, THE TRANSFER OF A
RECHARGE NEW YORK POWER  ALLOCATION  TO  A  DIFFERENT  RECIPIENT,  TO  A
DIFFERENT OWNER OR OPERATOR OF A FACILITY, OR TO A DIFFERENT FACILITY IS
PROHIBITED  UNLESS SPECIFICALLY APPROVED BY THE BOARD AS CONSISTENT WITH
THE CRITERIA AND REQUIREMENTS OF THIS SECTION. ANY TRANSFER THAT  OCCURS
WITHOUT  THE  BOARD'S  APPROVAL  SHALL  BE INVALID AND SUCH TRANSFER MAY

S. 2810--C                         30                         A. 4010--C

SUBJECT THE TRANSFEROR TO REVOCATION OR MODIFICATION OF  ITS  ALLOCATION
AND CONTRACT.
  (H) (1) THE BOARD, IN CONSULTATION WITH THE AUTHORITY, SHALL SUBMIT TO
THE  GOVERNOR,  TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEM-
BLY, MINORITY LEADER OF THE SENATE AND MINORITY LEADER OF  THE  ASSEMBLY
AN  EVALUATION  OF  THE  EFFECTIVENESS  OF  THE  RECHARGE NEW YORK POWER
PROGRAM.   SUCH EVALUATION SHALL FOCUS ON  HOW  THE  PROGRAM  HAS  AIDED
RECIPIENTS OF POWER ALLOCATIONS, AND MAY INCLUDE RECOMMENDATIONS FOR HOW
THE  PROGRAM CAN BE MADE MORE EFFECTIVE, AND SHALL BE BASED, IN PART, ON
THE RELATIVE COSTS OF POWER FOR RECIPIENTS IN COMPARISON TO THE COST  OF
POWER  FOR NON-RECIPIENTS.  SUCH EVALUATION SHALL BE SUBMITTED BY DECEM-
BER THIRTY-FIRST, TWO THOUSAND  FIFTEEN  AND  BY  DECEMBER  THIRTY-FIRST
EVERY FIVE YEARS THEREAFTER.
  (2)  THE BOARD, WITH ASSISTANCE FROM THE AUTHORITY, SHALL MAINTAIN THE
NECESSARY RECORDS AND DATA  REQUIRED  TO  PERFORM  SUCH  EVALUATION  AND
RESPOND  TO  REQUESTS  FOR  INFORMATION  PURSUANT  TO ARTICLE SIX OF THE
PUBLIC OFFICERS LAW.
  S 3. Section 1005 of the public authorities law is amended by adding a
new subdivision 13-a to read as follows:
  13-A. RECHARGE NEW YORK POWER PROGRAM.  (A) NOTWITHSTANDING ANY  OTHER
PROVISION  OF  LAW  TO THE CONTRARY, BUT SUBJECT TO THE TERMS AND CONDI-
TIONS OF FEDERAL ENERGY REGULATORY  COMMISSION  LICENSES,  TO  ALLOCATE,
REALLOCATE OR EXTEND, DIRECTLY OR BY SALE FOR RESALE, UP TO NINE HUNDRED
TEN  MEGAWATTS OF RECHARGE NEW YORK POWER TO ELIGIBLE APPLICANTS LOCATED
WITHIN THE STATE OF NEW YORK UPON THE RECOMMENDATION  OF  THE  NEW  YORK
STATE  ECONOMIC  DEVELOPMENT  POWER ALLOCATION BOARD PURSUANT TO SECTION
ONE HUNDRED EIGHTY-EIGHT-A OF THE ECONOMIC DEVELOPMENT LAW.
  (B) RECHARGE NEW YORK POWER SHALL MEAN AND CONSIST OF EQUAL AMOUNTS OF
(1) FOUR HUNDRED FIFTY-FIVE MEGAWATTS OF FIRM HYDROELECTRIC  POWER  FROM
THE  NIAGARA  AND SAINT LAWRENCE HYDROELECTRIC PROJECTS TO BE WITHDRAWN,
AS OF THE EARLIEST DATE SUCH POWER  MAY  BE  WITHDRAWN  CONSISTENT  WITH
CONTRACTUAL  REQUIREMENTS,  FROM UTILITY CORPORATIONS THAT, PRIOR TO THE
EFFECTIVE DATE OF THIS SUBDIVISION, PURCHASED SUCH POWER FOR THE BENEFIT
OF THEIR DOMESTIC AND RURAL CONSUMERS ("RECHARGE NEW YORK  HYDROPOWER"),
AND  (2)  POWER  PROCURED  BY  THE  AUTHORITY  THROUGH MARKET SOURCES, A
COMPETITIVE PROCUREMENT PROCESS, OR AUTHORITY SOURCES  (OTHER  THAN  THE
NIAGARA  AND  SAINT  LAWRENCE  PROJECTS)  (COLLECTIVELY OR INDIVIDUALLY,
"RECHARGE NEW YORK MARKET  POWER");  PROVIDED,  HOWEVER,  THAT  IF  SUCH
RECHARGE  NEW YORK MARKET POWER COMES FROM AUTHORITY SOURCES, THE USE OF
THAT POWER SHALL NOT REDUCE THE AVAILABILITY OF, OR CAUSE AN INCREASE IN
THE PRICE OF, POWER PROVIDED BY THE  AUTHORITY  FOR  ANY  OTHER  PROGRAM
AUTHORIZED IN THIS ARTICLE OR PURSUANT TO ANY OTHER STATUTE.
  (C)  NOTWITHSTANDING  SECTION  ONE  THOUSAND NINE OF THIS TITLE OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY,  THE  AUTHORITY  IS  AUTHORIZED,
BEGINNING  JULY  FIRST, TWO THOUSAND TWELVE, TO MAKE AVAILABLE, CONTRACT
WITH AND SELL TO SUCH ELIGIBLE APPLICANTS  AS  ARE  RECOMMENDED  BY  THE
ECONOMIC DEVELOPMENT POWER ALLOCATION BOARD UP TO NINE HUNDRED TEN MEGA-
WATTS  OF  RECHARGE  NEW  YORK  POWER  FOR RECHARGE NEW YORK POWER ALLO-
CATIONS. A RECHARGE NEW YORK POWER ALLOCATION  SHALL  CONSIST  OF  EQUAL
PARTS OF RECHARGE NEW YORK HYDROPOWER AND RECHARGE NEW YORK MARKET POWER
AS  SUCH  TERMS  ARE  DEFINED  IN  PARAGRAPH  (B)  OF  THIS SUBDIVISION;
PROVIDED, HOWEVER, THAT PRIOR TO ENTERING INTO A CONTRACT WITH AN ELIGI-
BLE APPLICANT FOR THE SALE OF RECHARGE NEW YORK POWER, AND PRIOR TO  THE
PROVISION  OF  ELECTRIC  SERVICE RELATING TO THE RECHARGE NEW YORK POWER
ALLOCATION, THE AUTHORITY SHALL OFFER EACH ELIGIBLE APPLICANT THE OPTION
TO DECLINE TO PURCHASE THE RECHARGE NEW YORK MARKET POWER  COMPONENT  OF

S. 2810--C                         31                         A. 4010--C

SUCH  ALLOCATION.  IF  AN  ELIGIBLE  APPLICANT DECLINES TO PURCHASE SUCH
MARKET POWER FROM THE AUTHORITY, THE AUTHORITY SHALL HAVE  NO  RESPONSI-
BILITY FOR SUPPLYING SUCH MARKET POWER TO THE ELIGIBLE APPLICANT.
  S 4. Section 1005 of the public authorities law is amended by adding a
new subdivision 13-b to read as follows:
  13-B. RESIDENTIAL CONSUMER DISCOUNT PROGRAMS.  (A) RESIDENTIAL CONSUM-
ER  ELECTRICITY  COST  DISCOUNT.   NOTWITHSTANDING ANY PROVISION OF THIS
TITLE OR ARTICLE SIX OF THE ECONOMIC DEVELOPMENT LAW  TO  THE  CONTRARY,
THE  AUTHORITY  IS  AUTHORIZED,  AS DEEMED FEASIBLE AND ADVISABLE BY THE
TRUSTEES, TO USE REVENUES FROM THE SALE OF HYDROELECTRIC POWER, AND SUCH
OTHER FUNDS OF THE AUTHORITY AS DEEMED FEASIBLE  AND  ADVISABLE  BY  THE
TRUSTEES,  TO  FUND  MONTHLY PAYMENTS TO BE MADE FOR THE BENEFIT OF SUCH
CLASSES OF ELECTRICITY CONSUMERS AS ENJOYED THE  BENEFITS  OF  AUTHORITY
HYDROELECTRIC POWER WITHDRAWN PURSUANT TO SUBDIVISION THIRTEEN-A OF THIS
SECTION, FOR THE PURPOSE OF MITIGATING PRICE IMPACTS ASSOCIATED WITH THE
REALLOCATION  OF SUCH POWER IN THE MANNER DESCRIBED IN THIS SUBDIVISION.
SUCH MONTHLY PAYMENTS SHALL COMMENCE AFTER SUCH HYDROELECTRIC  POWER  IS
WITHDRAWN.   THE TOTAL ANNUAL AMOUNT OF MONTHLY PAYMENTS FOR EACH OF THE
THREE TWELVE MONTH PERIODS FOLLOWING WITHDRAWAL  OF  SUCH  HYRDOELECTRIC
POWER  SHALL  BE ONE HUNDRED MILLION DOLLARS. THE TOTAL ANNUAL AMOUNT OF
MONTHLY PAYMENTS FOR EACH OF THE TWO  SUBSEQUENT  TWELVE  MONTH  PERIODS
SHALL  BE SEVENTY MILLION DOLLARS AND FIFTY MILLION DOLLARS, RESPECTIVE-
LY.  THEREAFTER, THE TOTAL ANNUAL AMOUNT OF MONTHLY  PAYMENTS  FOR  EACH
TWELVE  MONTH  PERIOD SHALL BE THIRTY MILLION DOLLARS.  THE TOTAL AMOUNT
OF MONTHLY PAYMENTS SHALL BE APPORTIONED  BY  THE  AUTHORITY  AMONG  THE
UTILITY  CORPORATIONS THAT, PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, PURCHASED SUCH HYDROELECTRIC POWER FOR THE BENEFIT OF THEIR DOMES-
TIC AND RURAL CONSUMERS ACCORDING TO THE RELATIVE AMOUNTS OF SUCH  POWER
PURCHASED  BY  SUCH CORPORATIONS. THE MONTHLY PAYMENTS SHALL BE CREDITED
TO THE ELECTRICITY  BILLS  OF  SUCH  CORPORATIONS'  DOMESTIC  AND  RURAL
CONSUMERS  IN A MANNER TO BE DETERMINED BY THE PUBLIC SERVICE COMMISSION
OF THE STATE OF NEW YORK.   THE MONTHLY  CREDIT  PROVIDED  BY  ANY  SUCH
CORPORATION TO ANY ONE CONSUMER SHALL NOT EXCEED THE TOTAL MONTHLY ELEC-
TRIC UTILITY COST INCURRED BY SUCH CONSUMER.
  (B)  AGRICULTURAL  CONSUMER  ELECTRICITY COST DISCOUNT.  (1) BEGINNING
WITH THE SECOND TWELVE MONTH PERIOD AFTER SUCH  HYDROELECTRIC  POWER  IS
WITHDRAWN, UP TO EIGHT MILLION DOLLARS OF THE RESIDENTIAL CONSUMER ELEC-
TRICITY  COST  DISCOUNT ESTABLISHED BY PARAGRAPH (A) OF THIS SUBDIVISION
SHALL BE DEDICATED FOR MONTHLY PAYMENTS TO  AGRICULTURAL  PRODUCERS  WHO
RECEIVE  ELECTRIC  SERVICE AT THE RESIDENTIAL RATE.  THE TOTAL AMOUNT OF
MONTHLY PAYMENTS SHALL BE APPORTIONED BY THE AUTHORITY AMONG THE UTILITY
CORPORATIONS IN THE SAME MANNER AS THEY ARE APPORTIONED IN PARAGRAPH (A)
OF THIS SUBDIVISION. MONTHLY PAYMENTS SHALL BE CREDITED TO THE ELECTRIC-
ITY BILLS OF SUCH CORPORATIONS' AGRICULTURAL CONSUMERS IN A MANNER TO BE
DETERMINED BY THE PUBLIC SERVICE COMMISSION OF THE STATE  OF  NEW  YORK.
THE  COMBINED  MONTHLY CREDIT, UNDER THIS PARAGRAPH AND PARAGRAPH (A) OF
THIS SUBDIVISION, PROVIDED BY ANY SUCH CORPORATION TO ANY  ONE  CONSUMER
SHALL  NOT  EXCEED  THE  TOTAL MONTHLY ELECTRIC UTILITY COST INCURRED BY
SUCH CONSUMER.
  (2) THE AUTHORITY SHALL WORK  COOPERATIVELY  WITH  THE  DEPARTMENT  OF
PUBLIC  SERVICE  TO  EVALUATE THE AGRICULTURAL CONSUMER ELECTRICITY COST
DISCOUNT, WHICH SHALL INCLUDE AN ASSESSMENT OF THE BENEFITS  TO  RECIPI-
ENTS  COMPARED TO THE BENEFITS THE RECIPIENTS RECEIVED FROM THE AUTHORI-
TY'S HYDROELECTRIC POWER, WITHDRAWN PURSUANT TO  SUBDIVISION  THIRTEEN-A
OF  THIS SECTION, DURING THE TWELVE MONTH PERIOD ENDING DECEMBER THIRTY-

S. 2810--C                         32                         A. 4010--C

FIRST, TWO THOUSAND TEN, AND COMPARED TO  OTHER  AGRICULTURAL  CONSUMERS
THAT DID NOT CHOOSE TO RECEIVE THE DISCOUNT.
  (C)  ENERGY  EFFICIENCY  PROGRAM. (1) BEGINNING WITH THE WITHDRAWAL OF
SUCH HYDROELECTRIC POWER, THE AUTHORITY OR THE  NEW  YORK  STATE  ENERGY
RESEARCH  AND  DEVELOPMENT AUTHORITY, SHALL CONDUCT AN ENERGY EFFICIENCY
PROGRAM FOR FIVE YEARS TO PROVIDE ENERGY EFFICIENCY IMPROVEMENTS FOR THE
PURPOSE OF REDUCING ENERGY CONSUMPTION FOR DOMESTIC AND RURAL CONSUMERS.
SUCH ENERGY EFFICIENCY PROGRAM MAY BE  UNDERTAKEN  IN  COOPERATION  WITH
OTHER  ENERGY EFFICIENCY PROGRAMS OFFERED BY UTILITY CORPORATIONS, STATE
AGENCIES AND AUTHORITIES INCLUDING BUT NOT LIMITED TO THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; PROVIDED HOWEVER THAT  ENERGY
SAVINGS  ATTRIBUTABLE TO SUCH OTHER ENERGY EFFICIENCY PROGRAMS SHALL NOT
BE INCLUDED IN DETERMINING THE AMOUNT OF ENERGY SAVED  PURSUANT  TO  THE
PROGRAM ESTABLISHED BY THIS PARAGRAPH;
  (2)  THE  AUTHORITY OR THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY SHALL ANNUALLY POST ON THEIR WEBSITE A REPORT  EVALUATING
THE  ENERGY EFFICIENCY PROGRAM, INCLUDING BUT NOT LIMITED TO, THE NUMBER
OF DOMESTIC AND RURAL CONSUMERS WHO OPTED TO PARTICIPATE IN THE  PROGRAM
AND,  IF  PRACTICABLE,  THE  ESTIMATED  SAVINGS  THE  DOMESTIC AND RURAL
CONSUMERS RECEIVED BY PARTICIPATING IN THE ENERGY EFFICIENCY PROGRAM.
  S 5. Section 1005 of the public authorities law is amended by adding a
new subdivision 18 to read as follows:
  18. FOR THE PURPOSE OF FURNISHING THE STATE WITH  SYSTEMATIC  INFORMA-
TION  REGARDING  THE  STATUS  AND  THE  ACTIVITIES OF THE AUTHORITY, THE
AUTHORITY SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF  THE
SENATE,  SPEAKER  OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND
THE MINORITY LEADER OF THE ASSEMBLY, WITHIN NINETY DAYS AFTER THE END OF
ITS FISCAL YEAR, A COMPLETE AND DETAILED ANNUAL REPORT ON EACH  ECONOMIC
DEVELOPMENT  POWER  PROGRAM  IT  ADMINISTERS.  SUCH  ANNUAL REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
  A. THE NUMBER OF RECIPIENTS OF ECONOMIC POWER  PROGRAM  BENEFITS,  THE
ECONOMIC  REGION IN WHICH EACH RECIPIENT IS LOCATED, THE TYPE AND AMOUNT
OF ASSISTANCE PROVIDED, MEGAWATTS OF POWER AWARDED,  LENGTH  OF  CURRENT
CONTRACT, CURRENT CONTRACT COMPLIANCE STATUS, LAST AUDIT, NUMBER OF JOBS
RETAINED  AND/OR ADDED IN THE FISCAL YEAR, APPROXIMATE ENERGY EFFICIENCY
SAVINGS AND AMOUNT OF POWER  REALLOCATED  FROM  PREVIOUS  YEARS  DUE  TO
FORFEITED BENEFITS; AND
  B.  COST  TO  THE  AUTHORITY  TO  PROVIDE  ECONOMIC  DEVELOPMENT POWER
PROGRAMS DURING THE PREVIOUS FISCAL YEAR.
  S 6. Transitional electricity discount. Notwithstanding any  provision
of  title  1  of article 5 of the public authorities law or article 6 of
the economic development law to the contrary, with respect to applicants
who are in substantial compliance with all contractual  commitments  and
receiving  benefits  under the power for jobs, energy cost savings bene-
fit, economic development, high load factor  or  municipal  distribution
agency  programs,  but do not receive a recommendation from the New York
state economic development power allocation board  for  a  recharge  New
York power allocation pursuant to section 188-a of the economic develop-
ment  law,  such  board  shall recommend that the power authority of the
state of New York provide for a  transitional  electricity  discount  to
such applicants. The power authority of the state of New York is author-
ized,  as deemed feasible and advisable by the trustees, to provide such
transitional electricity discounts as recommended by the New York  state
economic  development power allocation board. The power authority of the
state of New York shall identify and advise such  board  whether  suffi-
cient funds are available for the funding of such transitional electric-

S. 2810--C                         33                         A. 4010--C

ity  discounts  through  June 30, 2016.   The amount of the transitional
electricity discount for the period July 1, 2012 through June  30,  2014
shall  be equivalent to 66 percent of the unit (per kilowatt-hour) value
of  the  savings  received  by the applicant under the power for jobs or
energy cost savings benefit programs during  the  12  months  ending  on
December  31,  2010. The amount of the transitional electricity discount
for the period July 1, 2014 through June 30, 2016 shall be equivalent to
33 percent of the unit (per kilowatt-hour) value of the savings received
by the applicant under the power for jobs or energy cost savings benefit
programs during the 12 months ending on December 31, 2010.
  S 7. Section 9 of chapter 316 of the laws of 1997 amending the  public
authorities  law  and  other  laws relating to the provision of low cost
power to foster statewide economic development, as  amended  by  chapter
311 of the laws of 2010, is amended to read as follows:
  S  9.  This  act shall take effect immediately and shall expire and be
deemed repealed [May 15, 2011] JUNE 30, 2012.
  S 8. Section 11 of chapter 645  of  the  laws  of  2006  amending  the
economic  development  law  and other laws relating to reauthorizing the
New York power authority to make contributions to the general  fund,  as
amended  by  chapter  311  of  the  laws  of 2010, is amended to read as
follows:
  S 11.  This act shall take effect immediately and shall be  deemed  to
have been in full force and effect on and after April 1, 2006; provided,
however,  that the amendments to section 183 of the economic development
law and subparagraph 2 of paragraph g of the  ninth  undesignated  para-
graph of section 1005 of the public authorities law made by sections two
and  six of this act shall not affect the expiration of such section and
subparagraph, respectively, and shall be  deemed  to  expire  therewith;
provided  further,  however,  that  the amendments to section 189 of the
economic development law and subdivision 9 of section 186-a of  the  tax
law  made  by  sections  three, four, five and ten of this act shall not
affect the repeal of such section  and  subdivision,  respectively,  and
shall  be  deemed  to  be repealed therewith; provided further, however,
that section seven of this act shall expire and be deemed repealed  [May
15, 2011] JUNE 30, 2012.
  S  9.  Paragraphs  2  and  4  of subdivision (h) of section 183 of the
economic development law, as amended by chapter 311 of the laws of 2010,
are amended to read as follows:
  2. During the period commencing on November first, two  thousand  five
and  ending  on [May fifteenth, two thousand eleven] JUNE THIRTIETH, TWO
THOUSAND TWELVE eligible businesses shall only include customers  served
under  the  power authority of the state of New York's high load factor,
economic development power and other business customers served by  poli-
tical  subdivisions  of  the  state  authorized  by law to engage in the
distribution of electric power that were authorized to be served by  the
authority from the authority's former James A. Fitzpatrick nuclear power
plant  as  of  the effective date of this subdivision whose power prices
may be subject to increase before [May fifteenth, two  thousand  eleven]
JUNE  THIRTIETH, TWO THOUSAND TWELVE.  Provided, however, that the total
amount of megawatts of replacement and preservation power which, due  to
the  extension of the energy cost savings benefits, are not relinquished
by or withdrawn from a recipient shall be deemed to be  relinquished  or
withdrawn  for  purposes of offering such megawatts by the authority for
reallocation pursuant to subdivision thirteen of  section  one  thousand
five of the public authorities law. Provided, further, that for any such
reallocation,  the authority shall maintain the same energy cost savings

S. 2810--C                         34                         A. 4010--C

benefit level for all eligible businesses using any available  authority
resources  as  deemed feasible and advisable by the trustees pursuant to
section seven of part U of chapter fifty-nine of the laws of  two  thou-
sand six.
  4.  Applications  for  an  energy cost savings benefit shall be in the
form and contain such information, exhibits and supporting data  as  the
board  may  prescribe.  The board shall review the applications received
and shall determine the applications which best meet the criteria estab-
lished for the benefits pursuant to this subdivision and it shall recom-
mend such applications to the power authority of the state of  New  York
with such terms and conditions as it deems appropriate; provided, howev-
er,  that  for  energy  cost  savings benefits granted on or after [June
thirtieth, two thousand nine] MAY FIFTEENTH, TWO THOUSAND ELEVEN through
[May fifteenth,  two  thousand  eleven]  JUNE  THIRTIETH,  TWO  THOUSAND
TWELVE, the board shall expedite the awarding of such benefits and shall
defer the review of compliance with such criteria until after the appli-
cant  has  been  awarded  an energy cost savings benefit. Such terms and
conditions shall include reasonable provisions providing for the partial
or complete withdrawal of the energy cost savings benefit in  the  event
the  recipient  fails  to maintain mutually agreed upon commitments that
may include, but are not  limited  to,  levels  of  employment,  capital
investment  and  power  utilization.  Recommendation  for approval of an
energy cost savings benefit shall qualify an  applicant  to  receive  an
energy cost savings benefit from the power authority of the state of New
York pursuant to the terms and conditions of the recommendation.
  S  10.  The  opening  paragraph  of  paragraph 5 of subdivision (a) of
section 189 of the economic development law, as amended by  chapter  311
of the laws of 2010, is amended to read as follows:
  "Power   for  jobs  electricity  savings  reimbursements"  shall  mean
payments made by the power authority of the state of New York as  recom-
mended  by  the board to recipients of allocations of power under phases
four and five of the power for jobs program for a period of  time  until
November  thirtieth,  two thousand four, subsequent to the expiration of
their phase four or five power for jobs contract provided  however  that
any  power  for  jobs  recipient  may  choose  to receive an electricity
savings reimbursement as a substitute for a contract extension  for  the
period  from  the  date  the  recipient's  contract expires through [May
fifteenth] JUNE THIRTIETH, two thousand [eleven]  TWELVE.    The  "basic
reimbursement"  is  an amount that when credited against the recipient's
actual "unit cost of electricity" during a quarter (meaning the cost for
commodity and delivery per kilowatt-hour for the quantity of electricity
purchased and delivered under the power for jobs program during a  simi-
lar period in the final year of the recipient's contract), results in an
effective unit cost of electricity during the quarter equal to the aver-
age  unit  cost of electricity such recipient paid during the final year
of the contract for power allocated under phase  four  or  five  of  the
power  for jobs program, PROVIDED HOWEVER THAT NOTWITHSTANDING THE FORE-
GOING, FOR THE PERIOD JULY FIRST, TWO THOUSAND ELEVEN THROUGH JUNE THIR-
TIETH, TWO THOUSAND TWELVE, THE BASIC REIMBURSEMENT SHALL BE  AN  AMOUNT
SUCH  THAT  THE  RECIPIENT RECEIVES UNIT (PER KILOWATT-HOUR) ELECTRICITY
SAVINGS EQUIVALENT TO THE  AVERAGE  UNIT  ELECTRICITY  SAVINGS  RECEIVED
DURING  THE  TWELVE MONTHS ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND
TEN.
  S 11. Subdivisions (f) and (l) of section 189 of the economic develop-
ment law, as amended by chapter 311 of the laws of 2010, are amended  to
read as follows:

S. 2810--C                         35                         A. 4010--C

  (f)  Eligibility.  The  board  shall  recommend applications for allo-
cations of power under the power for jobs program to or for the  use  of
businesses  which  normally  utilize  a  minimum peak electric demand in
excess of four hundred kilowatts; provided,  however,  that  up  to  one
hundred  megawatts  of power available for allocation during the initial
three phases of the power for jobs program may be recommended for  allo-
cations  to  not-for-profit  corporations  and to small businesses; and,
provided, further that up to seventy-five megawatts of  power  available
for allocation during the fourth phase of the program may be recommended
for  allocations to not-for-profit corporations and to small businesses.
The board may require small businesses that normally utilize  a  minimum
peak  electric  demand  of  less than one hundred kilowatts to aggregate
their electric demand in amounts of no less than one hundred  kilowatts,
for  the  purposes  of applying to the board for an allocation of power.
The board shall recommend allocations of the  additional  three  hundred
megawatts  available  during the fourth phase of the program to any such
eligible applicant, including any recipient of  power  allocated  during
the first phase of the program. The board shall recommend allocations of
the  additional  one hundred eighty-three megawatts available during the
fifth phase of the program to  any  eligible  applicant,  including  any
recipient  of  power allocated during the second and third phases of the
program; provided, however, that the term of contracts  for  allocations
under the fifth phase of the program shall in no case extend beyond [May
fifteenth,  two  thousand  eleven]  JUNE THIRTIETH, TWO THOUSAND TWELVE.
Notwithstanding any provision of law to the contrary,  and,  in  partic-
ular,  the  provisions of this chapter concerning the terms of contracts
for allocations under the power for  jobs  program,  the  terms  of  any
contract  with  a  recipient  of  power allocated under phase two of the
power for jobs program that has expired or will expire on or before  the
thirty-first  day  of  August,  two thousand two, may be extended by the
power authority of the state of New York for  an  additional  period  of
three  months  effective  on  the  date  of such expiration, pending the
filing and approval of an application by such  recipient  for  an  allo-
cation  under  the  fifth  phase  of  the  program.  The term of any new
contract with such recipient under the fifth phase of the program  shall
be deemed to include any three month contract extension made pursuant to
this subdivision and the termination date of any such new contract under
phase  five  shall  be  no later than if such new contract had commenced
upon the expiration of the recipient's original phase two contract.  The
terms  of  any  contract with a recipient of power allocated under phase
four and/or phase five of the power for jobs program that has expired or
will expire on or before the thirty-first day of December, two  thousand
five,  may  be  extended by the power authority of the state of New York
from a date beginning no earlier than the first  day  of  December,  two
thousand four and extending through [May fifteenth, two thousand eleven]
JUNE THIRTIETH, TWO THOUSAND TWELVE.
  (l)  The board shall solicit and review applications for the power for
jobs electricity savings reimbursements  and  contract  extensions  from
recipients  of  power for jobs allocations under phases four and five of
the program for the award of such reimbursements and/or contract  exten-
sions.  The  board  may  prescribe  a simplified form and content for an
application for such reimbursements or extensions. An applicant shall be
eligible for such reimbursements and/or extensions  only  if  it  is  in
compliance  with  and  agrees  to continue to meet the job retention and
creation commitments set forth in its prior power for jobs contract,  or
such other commitments as the board deems reasonable; provided, however,

S. 2810--C                         36                         A. 4010--C

that  for  the  power  for  jobs  electricity savings reimbursements and
contract extensions granted on or after [June  thirtieth,  two  thousand
nine]  MAY  FIFTEENTH,  TWO  THOUSAND ELEVEN through [May fifteenth, two
thousand  eleven]  JUNE  THIRTIETH, TWO THOUSAND TWELVE, the board shall
expedite the awarding of such reimbursements and/or extensions and shall
defer the review of compliance with such  commitments  until  after  the
applicant  has  been  awarded  a  power  for  jobs  electricity  savings
reimbursement and/or contract extension. The  board  shall  review  such
applications  and  make  recommendations  for  the  award:  1.  of  such
reimbursements through the power authority of the state of New York  for
a  period of time up to November thirtieth, two thousand four, and 2. of
such contract extensions or reimbursements as applied for by the recipi-
ent for a period of time beginning December first, two thousand four and
ending [May fifteenth, two thousand eleven] JUNE THIRTIETH, TWO THOUSAND
TWELVE.  At no time shall a recipient receive both a  reimbursement  and
extension  after  December first, two thousand four. The power authority
of the state of New York  shall  receive  notification  from  the  board
regarding the award of power for jobs electricity savings reimbursements
and/or contract extensions.
  S  12.  Subdivision  9  of section 186-a of the tax law, as amended by
chapter 217 of the laws of 2009, is amended to read as follows:
  9. Notwithstanding any other provision of this chapter  or  any  other
law  to  the contrary, for taxable periods nineteen hundred ninety-seven
through and including two  thousand  [ten]  TWELVE,  any  utility  which
delivers  power  under  the  power  for  jobs program, as established by
section one hundred eighty-nine of the economic development  law,  shall
be  allowed  a  credit,  subject to the limitations thereon contained in
this subdivision, against the tax imposed under this  section  equal  to
net  lost  revenues from the delivery of power under such power for jobs
program. Net lost revenues means the "net receipts"  less  "net  utility
revenue"  from such delivery of power. For purposes of this subdivision,
"net receipts" shall mean the amount that the utility would have  other-
wise  received from customers receiving power pursuant to allocations by
the New York  state  economic  development  power  allocation  board  in
accordance with section one hundred eighty-nine of the economic develop-
ment  law, or from customers whose allocation has been transferred to an
energy service company, or from energy service companies to  which  such
allocation  has  been  transferred, pursuant to its tariff supervised by
the public  service  commission  for  substantially  comparable  service
otherwise  applicable  to  such customers or energy service companies in
the absence of such  designation,  less  the  utility's  annual  average
incremental  short-term  variable  and  capacity costs of providing such
power in the absence of such purchase. For the purposes of this subdivi-
sion, "net utility revenue" shall mean the revenues the utility actually
receives in accordance with such section one  hundred  eighty-nine  from
such  customers so designated by the New York state economic development
power allocation board or  from  customers  whose  allocation  has  been
transferred  to  an  energy  service company, or from the energy service
companies to which a power for jobs  allocation  has  been  transferred,
less  the  utility's  cost  of  such power under such program. Provided,
however, that any credit under this section  shall  be  used  only  with
respect  to  the  same  taxable  year during which such credit arose and
shall not be capable of being carried forward or backward to  any  other
taxable  period.  Nor shall any credit be allowed to any utility for the
total amount of power, expressed in kilowatt  hours,  purchased  by  the
customers  of  such utility under such program during the taxable period

S. 2810--C                         37                         A. 4010--C

that exceeds the prorated "baseline energy use" by all customers of that
utility purchasing power under such program during the  taxable  period.
"Baseline energy use" with respect to each customer shall mean the larg-
est  amount of kilowatt hours of energy used by such customer during any
twelve consecutive month period occurring during  the  preceding  thirty
months  immediately  preceding  the  New York state economic development
power allocation board's recommendation of such customer's  application,
prorated  to  reflect the length of time of the customer's participation
in such program during the taxable period.  Provided  further,  however,
that  in  accordance with subdivision (k) of section one hundred eighty-
nine of the economic development law no tax credit  shall  be  available
for  any  revenue  losses  when a utility has declined to purchase power
allocated for sale under such program. No electric corporation shall  be
allowed  the  tax  credit  authorized by this subdivision until it shall
file a certificate from the department of public service for the  period
covered  by the return verifying that the calculation of such tax credit
complies with this subdivision and the department of public service  has
approved  such certificate and forwarded a copy of such approved certif-
icate to the commissioner or any amended certificate resulting from  the
need for correction. The credit allowed by this subdivision shall not be
applicable  in  calculating  any  other  tax imposed or authorized to be
imposed by this chapter or any other law, and  the  amount  of  the  tax
surcharge imposed under section one hundred eighty-six-c of this article
shall  be  calculated  and payable as if the credit provided for by this
subdivision were not allowed.
  S 13. Subparagraph 2 of paragraph g of the  ninth  undesignated  para-
graph of section 1005 of the public authorities law, as amended by chap-
ter 217 of the laws of 2009, is amended to read as follows:
  2. The authority, as deemed feasible and advisable by the trustees, is
authorized  to  make  payments to recipients of the power for jobs elec-
tricity savings reimbursements and additional annual voluntary  contrib-
utions  into  the state treasury to the credit of the general fund.  The
authority shall make such contributions to the state treasury  no  later
than  ninety  days  after the end of the calendar year in which a credit
under subdivision nine of section one hundred eighty-six-a  of  the  tax
law  is  available:  (a)  for  the additional three hundred megawatts of
power under the fourth phase  of  the  program  provided  under  chapter
sixty-three  of  the  laws of two thousand and under the fifth phase for
the additional one hundred eighty-three megawatts provided under chapter
two hundred twenty-six of the laws of two thousand two; and (b) for  any
extension  of any contract for allocations under the fourth phase of the
program and under the fifth phase of the program. Payments for any elec-
tricity savings reimbursement under section one hundred  eighty-nine  of
the  economic  development  law  shall be made pursuant to such section.
Such annual contributions shall be equal to fifty percent of  the  total
amount  of such credits available each year to all local distributors of
electricity. In addition, such authorization for contribution  in  state
fiscal  year  two thousand two--two thousand three shall be equal to the
total amount of credit available in two thousand one  and  two  thousand
two;  and  such  authorization for contribution in state fiscal year two
thousand three--two thousand four shall be equal to the total amount  of
credit  available  in  two  thousand  three;  under  subdivision nine of
section one hundred eighty-six-a of the tax law under the  fourth  phase
of the program for the additional three hundred megawatts provided under
chapter  sixty-three  of  the  laws  of two thousand and under the fifth
phase for the additional one  hundred  eighty-three  megawatts  provided

S. 2810--C                         38                         A. 4010--C

under chapter two hundred twenty-six of the laws of two thousand two. In
state  fiscal year two thousand four--two thousand five, such authorized
annual contribution shall be equal to one hundred percent of  the  total
amount  of such credits available each year to all local distributors of
electricity. Such authorization for contribution in state  fiscal  years
two  thousand  four  and  two  thousand five shall be equal to the total
amount of credit available in two thousand four and two  thousand  five;
under  subdivision  nine  of section one hundred eighty-six-a of the tax
law under the fourth phase of  the  program  for  the  additional  three
hundred  megawatts provided under chapter sixty-three of the laws of two
thousand and under the fifth phase for the additional one hundred eight-
y-three megawatts provided under chapter two hundred twenty-six  of  the
laws  of  two thousand two. In addition, such authorization for contrib-
ution for any extension of any contract for allocations under the fourth
phase of the program and under the fifth phase of the  program  in  each
state  fiscal  year  shall  be  equal  to  the total amount of credit or
reimbursement available in state  fiscal  year  two  thousand  four--two
thousand five, state fiscal year two thousand five--two thousand six and
two  thousand six--two thousand seven. Additionally, notwithstanding any
other section of law, the authority is authorized to make a contribution
in an amount related to total amounts of credit  received  under  phases
one,  two,  three,  four  and  five of the program. In no case shall the
contribution for state fiscal year two thousand five--two  thousand  six
be  less  than  seventy-five million dollars. The contribution for state
fiscal year two thousand six--two thousand seven shall  be  one  hundred
million  dollars.  The  contribution  for state fiscal year two thousand
seven--two thousand eight shall be thirty million dollars. The  contrib-
ution  for state fiscal year two thousand eight--two thousand nine shall
be twenty-five million dollars. The contribution for state  fiscal  year
two thousand nine--two thousand ten shall be twelve million five hundred
thousand  dollars.  THE  CONTRIBUTION FOR STATE FISCAL YEAR TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SHALL BE SEVEN AND  ONE-HALF  MILLION  DOLLARS.
THE CONTRIBUTION FOR STATE FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE  SHALL  BE  SIX MILLION DOLLARS. The department of public service
shall estimate the payment due by the end of the calendar year in  which
the credit is available. In no case shall the amount of the total annual
contributions  for  the  years  during  which delivery and sale of power
associated with all power for jobs phases  and  any  extensions  thereof
takes  place  exceed  the  aggregate  total  of four hundred [sixty-one]
SEVENTY-FIVE million [five hundred thousand] dollars.
  S 14. The opening paragraph of subdivision 5 of section  1005  of  the
public  authorities  law, as amended by chapter 294 of the laws of 1968,
is amended to read as follows:
  To develop, maintain, manage and operate those parts  of  the  Niagara
and  Saint  Lawrence hydroelectric projects owned or controlled by it in
such manner as to give effect to the policy  hereby  declared  (and  all
plans  and  acts,  and all contracts for the use, sale, transmission and
distribution of the power generated by such projects, shall be  made  in
the  light of, consistent with and subject to this policy), namely, that
such projects shall be in all respects for  the  aid,  improvement,  and
benefit  of  commerce  and  navigation  in,  through, along and past the
Niagara river, the Saint Lawrence river  and  the  international  rapids
section  thereof,  and  that  in the development of hydro-electric power
therefrom such projects shall be considered primarily as for the benefit
of the people of the state as a whole [and particularly the domestic and
rural consumers to whom the power can economically  be  made  available,

S. 2810--C                         39                         A. 4010--C

and  accordingly  that  sale to and use by industry shall be a secondary
purpose, to be utilized principally to secure a sufficiently  high  load
factor  and  revenue  returns  to  permit  domestic and rural use at the
lowest  possible  rates  and  in  such  manner as to encourage increased
domestic and rural use of electricity]. In furtherance  of  this  policy
and to secure a wider distribution of such power and use of the greatest
value  to  the general public of the state, the authority shall in addi-
tion to other methods which it may find advantageous make  provision  so
that  municipalities  and other political sub-divisions of the state now
or hereafter authorized by law to engage in the distribution of electric
power may secure a reasonable share  of  the  power  generated  by  such
projects,  and  shall sell the same or cause the same to be sold to such
municipalities and political subdivisions at prices representing cost of
generation, plus capital and operating charges,  plus  a  fair  cost  of
transmission,  all  as determined by the trustees, and subject to condi-
tions which shall assure the resale of such power [to domestic and rural
consumers] at the lowest possible  price,  provided,  however,  that  in
disposing  of hydro-electric power pursuant to and in furtherance of the
aforementioned policy and purposes, appropriate provision  may  also  be
made to allocate a reasonable share of project power to agencies created
or  designated  by  other  states  and authorized to resell the power to
users under the same terms and conditions as power is disposed of in New
York state. To that end, the authority may provide in  any  contract  or
contracts  which it may make for the sale, transmission and distribution
of the power  that  the  purchaser,  transmitter  or  distributor  shall
construct, maintain and operate, on such terms as the authority may deem
proper,  such  connecting  lines as may be necessary for transmission of
the power from main transmission lines to such municipalities  or  poli-
tical subdivisions.
  S 15. Subdivision 16 of section 1005 of the public authorities law, as
added by chapter 217 of the laws of 2009, is REPEALED.
  S 16. Subdivision 16 of section 1005 of the public authorities law, as
added  by chapter 477 of the laws of 2009, is renumbered subdivision 17,
and paragraph (a) of such subdivision is amended to read as follows:
  (a) As deemed feasible and advisable by the trustees, to  finance  and
design, develop, construct, implement, provide and administer energy-re-
lated  projects,  programs  and  services  for any public entity and any
recipient of the economic development power, expansion  power,  replace-
ment  power,  preservation  power,  high  load  factor  power, municipal
distribution agency power, [and the] power for jobs,  AND  RECHARGE  NEW
YORK  POWER  programs administered by the authority. In establishing and
providing  high  performance  and  sustainable  building  programs   and
services  authorized by this subdivision, the authority is authorized to
consult standards, guidelines, rating systems,  and/or  criteria  estab-
lished  or  adopted by other organizations, including but not limited to
the United States green building council under its leadership in  energy
and  environmental  design  (LEED)  programs,  the green building initi-
ative's green globes rating system, and the American National  Standards
Institute.  The  source  of  any  financing and/or loans provided by the
authority for the purposes of this subdivision may be  the  proceeds  of
notes  issued pursuant to section one thousand nine-a of this title, the
proceeds of bonds issued pursuant to section one thousand  ten  of  this
title, or any other available authority funds.
  S  17.  Section  2  of  chapter  477 of the laws of 2009, amending the
public authorities law relating to energy efficiency  and  clean  energy

S. 2810--C                         40                         A. 4010--C

initiatives  of the power authority of the state of New York, is amended
to read as follows:
  S  2.  This  act shall take effect immediately [and shall expire three
years after it shall have become a law; provided  that  such  expiration
shall not affect the validity of any energy services contract authorized
by this act and entered into prior to its expiration].
  S  18.  The  opening paragraph of subdivision 6 of section 1005 of the
public authorities law, as amended by chapter 294 of the laws  of  1968,
is amended to read as follows:
  To  develop,  maintain, manage and operate its projects other than the
Niagara and Saint Lawrence hydroelectric projects so as (i)  to  provide
an  adequate  supply of energy for optimum utilization of its hydroelec-
tric projects, (ii) to attract and expand  high  load  factor  industry,
(iii)  to provide for the additional needs of its municipal electric and
rural electric cooperative customers, (IV) TO PROVIDE A SUPPLY OF  POWER
AND  ENERGY  FOR  USE IN THE RECHARGE NEW YORK POWER PROGRAM AS RECHARGE
NEW YORK MARKET POWER, and  [(iv)]  (V)  to  assist  in  maintaining  an
adequate, dependable electric power supply for the state.
  S  19. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included therewith.
  S 20. This act shall take effect immediately; provided that:
  a.  the amendments to section 183 of the economic development law made
by section nine of this act shall not  affect  the  expiration  of  such
section and shall be deemed to expire therewith;
  b.  the amendments to section 189 of the economic development law made
by sections ten and eleven of this act shall not affect  the  repeal  of
such section and shall be deemed repealed therewith;
  c.  the  amendments  to  subdivision 9 of section 186-a of the tax law
made by section twelve of this act shall not affect the repeal  of  such
subdivision and shall be deemed repealed therewith; and
  d. the amendments to subparagraph 2 of paragraph g of the 9th undesig-
nated  paragraph  of  section 1005 of the public authorities law made by
section thirteen of this act shall not affect  the  expiration  of  such
subparagraph and shall be deemed to expire therewith.

                                 PART DD

  Section  1.  The  New  York  state urban development corporation shall
submit for approval to the director of the budget a comprehensive finan-
cial plan for the corporation and  its  subsidiaries  for  expenditures,
regardless  of  source, including but not limited to those from the debt
service account, the excess debt service account, the housing repair and
modernization fund account, the interest income account, and the econom-
ic development income account, in such detail as  the  director  of  the
budget may require. The director of the budget shall file copies of such
financial  plan with the senate finance committee, the assembly ways and
means committee and the department of audit and control  in  both  paper
and electronic format.

S. 2810--C                         41                         A. 4010--C

  S  2. 1. Notwithstanding any provision of law to the contrary, the New
York state urban development corporation shall  establish  accounts  and
subaccounts  within the treasury of such corporation which shall reflect
and consist of all funds made available  to  such  corporation,  at  any
time,  from  any  sources for its corporate purposes. Such account shall
consist of, but not be limited to, the following:
  (i) general and administrative accounts, which shall  consist  of  all
funds made available for the operational expenses of such corporation;
  (ii)  general and administrative accounts of certain subsidiary corpo-
rations, which shall consist of all funds made available for the  opera-
tional  expenses  of  the  mortgage  loan enforcement and administration
corporation and  the  42nd  street  development  project,  incorporated,
provided,  however, that such subsidiary shall be established as a sepa-
rate account;
  (iii) debt service account, which shall  consist  of  all  funds  made
available  for  debt  service  payments on the outstanding general obli-
gations of the corporation where the original issue  of  such  bonds  or
notes  was  prior  to  April  1,  1976, and including any refinancing or
renewal of such bonds and notes, provided such account shall not, in any
manner, reduce any debt service reserve fund below  a  level  agreed  to
pursuant  to  a  statute,  covenant or other contract between the corpo-
ration and such bondholders or noteholders;
  (iv) excess debt service account, which shall  consist  of  all  funds
made  available from the net savings achieved as a result of the refund-
ing of the corporation's general purpose bonds  authorized  pursuant  to
resolution number 96-ud-526 of the public authorities control board. Net
savings  shall  be  determined  by  the  difference  between annual debt
service payments which would have been required pursuant to the refunded
bonds and the annual debt service payments for the corporation's  corpo-
rate purpose bonds issued to accomplish such refunding;
  (v) housing repair and modernization fund account, which shall consist
of  funds  made available from the excess debt service account to assist
in maintaining the residential and commercial portfolios of  the  corpo-
ration as determined by the chairman of the corporation or his designee;
  (vi) buildout account, which shall consist of all funds made available
for the payment of expenses associated with final settlements on remain-
ing issues of construction costs and mortgage amounts on residential and
nonresidential projects financed by the corporation;
  (vii)  project  repair  account, which shall consist of all funds made
available for the maintenance, servicing or repairing of  real  property
in  the residential, industrial and commercial portfolios of such corpo-
rations;
  (viii) economic development income account, which shall consist of all
payments, including payments to compensate for any funds, time or  other
costs provided by the corporation in relation to nonresidential projects
and all other reimbursable corporate service income from economic devel-
opment  projects and payments which are provided to such corporation for
purposes of repayment of funds in  respect  to  any  contract  or  other
agreements entered into by the corporation which are attributable to any
economic development project of the corporation, provided, however, that
such  account  shall not include funds representing repayments which are
to be returned to the  development  of  such  project  pursuant  to  any
contract or other agreement entered into by the corporation;
  (ix)  economic  development  program and project accounts, which shall
consist of all funds made available for  specific  economic  development
programs  and  projects excluding any program or project authorized by a

S. 2810--C                         42                         A. 4010--C

resolution or other action of the corporation prior to  April  1,  1976,
and  excluding  any  residential  project,  provided, however, that each
specified program and project shall be established as a separate account
unless otherwise authorized pursuant to an appropriation;
  (x) new communities and community support account, which shall consist
of  all funds made available for, and all income received from the Audu-
bon and Radisson communities;
  (xi) Roosevelt  Island  operating  corporation  account,  which  shall
consist  of  all  funds made available for, and all income received from
the Roosevelt Island community;
  (xii) interest income account,  which  shall  consist  of  all  moneys
earned  by the corporation from investment of any funds available in the
accounts and subaccounts within the treasury of the corporation; and
  (xiii) mortgage servicing fee account,  which  shall  consist  of  all
funds made available to the mortgage loan enforcement and administration
corporation  for  the  payment  of  fees  to the housing special revenue
account of the miscellaneous special revenue fund  associated  with  the
provision  of  mortgage  servicing activities by the division of housing
and community renewal.
  2. The amounts deposited in any such account may be interchanged  with
any  other  account  for  purposes  of investment and may be commingled,
provided, however, that such interchange may not  increase  or  decrease
any  account,  other  than  the  debt  service account, and the interest
income account, by more than five percent in the aggregate in the entire
period of any fiscal year of the corporation. Provided further, that  in
addition  to  any other specific exception provided for in this section,
the following exemptions to the above interchange provision shall  apply
for  the  purposes  of  the  debt  service  account, the interest income
account, the project repair account, the mortgage servicing fee account,
the general and administrative account of the mortgage loan  enforcement
and  administration  corporation,  excess  debt service account, housing
repair and modernization fund account, Roosevelt Island operating corpo-
ration account and the economic development income account:
  (i) Interchange from the debt service account  to  any  other  account
shall be unlimited, but all such transfers from the debt service account
shall  be  repaid  quarterly to such account on or before June 30, 2011,
September 30, 2011, December 31, 2011 and March 31,  2012,  except  for:
(A)  $30,762,000  which shall be transferred to the general and adminis-
trative account from the debt service account during  the  state  fiscal
year  commencing April 1, 2011, and such amount of $30,762,000 shall not
be repaid to the debt service account; (B)  $2,000,000  which  shall  be
transferred to the general and administrative account of the 42nd street
development  project, incorporated and which shall be repaid pursuant to
a repayment agreement as set out in paragraph (vi) of this subdivision.
  (ii) Interchange from the excess debt service account shall be  unlim-
ited,  but all such transfers from the excess debt service account shall
be repaid quarterly to such account on or before June 30, 2011,  Septem-
ber 30, 2011, December 31, 2011, and March 31, 2012, except for:  (A) an
amount  sufficient  to  fund  the  housing repair and modernization fund
account to assist in maintaining the residential and commercial  portfo-
lios of the corporation as determined by the chairman of the corporation
or  his  designee; (B) an amount necessary to invest in the job develop-
ment authority, as certified by the chairman of  the  authority  or  his
designee, to provide funds in order to pay lawful debts of the authority
provided  that  the corporation shall not make any payment or investment
for the benefit of the authority unless and until it  has  independently

S. 2810--C                         43                         A. 4010--C

verified  that the authority does not have sufficient funds available to
pay its lawfully incurred  debts  and  obligations,  and  with  any  net
savings  which  remain  and are available; (C) all remaining balances of
funds  contained in the excess debt service account shall be remitted to
the credit of the state of New York general fund not  later  than  March
31, 2011.
  (iii)  Interchange from the interest income account, other than to the
general and administrative account of the mortgage loan enforcement  and
administration corporation, may be unlimited.
  (iv) Interchange to the project repair account from any account may be
unlimited,  and the corporation shall transfer up to $10,000,000 to such
account from any account during the  fiscal  year  commencing  April  1,
2011, and such amount up to $10,000,000 shall not be repaid.
  (v)  Interchange between the general and administrative account of the
mortgage loan enforcement and administration corporation and  any  other
account  shall  comply with the provisions specified herein, except that
up to $1,700,000 shall be transferred  to  such  subsidiary  corporation
during  the  fiscal  year  commencing  April 1, 2011 and any such amount
shall not be repaid.
  (vi) An advance up to $2,000,000 may be made  from  the  debt  service
account  to  the  general  and administrative account of the 42nd street
development project, incorporated, provided, however, that  before  such
advance  is  made the New York state urban development corporation shall
enter into an agreement with the director of the  budget  providing  for
repayment  of  such  advance. Subject to the approval of the director of
the budget, and notification of the chairs  of  the  assembly  ways  and
means  and  the  senate  finance committees in both paper and electronic
format, the corporation is hereby authorized to expend revenues  of  the
project  for  services and expenses of the corporation. The total amount
expended by the 42nd street development project, incorporated shall  not
exceed  $2,000,000  and any unexpended project revenues shall be used to
reduce the total advance provided to the project from the  debt  service
account.
  (vii)  Interchange  from  the  debt  service  account  to the mortgage
servicing fee account of the  mortgage  loan  enforcement  and  adminis-
tration  corporation  shall comply with the provisions specified herein,
except that up to $2,838,000  shall  be  transferred  to  such  mortgage
servicing  fee  account  during the fiscal year commencing April 1, 2011
and such amount shall not be repaid. Prior  to  the  allocation  of  any
moneys  from  the  debt  service  account to the 42nd street development
project, incorporated, and the mortgage loan  enforcement  and  adminis-
tration  corporation  for the fiscal year commencing April 1, 2011, each
corporation shall submit for approval to the director of the  budget,  a
comprehensive  financial plan for each corporation for such fiscal year,
in such detail as the director of the budget shall require in both paper
and electronic format. The financial plan  shall  be  submitted  to  the
budget  director  on  or before May 15, 2011. A report for each plan and
any plan update, if necessary, shall be submitted to the director of the
budget on or before August 15, 2011, November 15, 2011 and February  15,
2012. Each such report shall provide the actual revenue and expenditures
for  the preceding quarters ending June 30, 2011, September 30, 2011 and
December 31, 2011, in such detail as the director of  the  budget  shall
require.  Further,  any  plan  update shall revise, where necessary, the
revenue and expenditure plan for each corporation for the  remainder  of
the  fiscal  year  beginning  April  1, 2011. No transfer to the general
administrative account of the  corporation  shall  occur  prior  to  the

S. 2810--C                         44                         A. 4010--C

approval  of  the  financial  plan  and  unless  in  compliance with the
approved financial plan.
  The  director of the budget shall file copies of such financial plans,
quarterly reports and any plan updates with the department of audit  and
control and the senate finance committee and the assembly ways and means
committee  in  both paper and electronic format. Interchange made to the
debt service account shall not be repaid if such  payment  would  reduce
any  debt  service or debt service reserve requirements below any amount
required pursuant to a covenant, contract or other agreements  with  the
bondholders  and noteholders. No payments or deposits shall be made from
any debt service reserve fund established pursuant to the provisions  of
section  20  of  the New York state urban development corporation act to
any account of the corporation other than the debt service account;  and
such payment or deposit shall only occur if deemed necessary to meet the
payments specified in the debt service account described herein.
  Provided  further,  (a) that such investment shall be made pursuant to
the provisions of subdivision 22 of section 5  of  the  New  York  state
urban  development  corporation  act;  (b) that such investment shall be
made in a fashion which shall enable the corporation to timely meet  its
obligations; (c) that such investment shall be specified in each account
in  respect to the amount contributed, and that upon termination of such
investment each account shall be reimbursed. Such account and subaccount
shall be included in  detailed  quarterly  reports  of  the  corporation
commencing  with the quarterly report for the period immediately preced-
ing April 1, 2011 which set forth  the  status  of  all  such  accounts,
including for each account and subaccount the amount in such accounts at
the  beginning  of such quarter (from and including the entire period of
the first day of the operative calendar  year),  the  payments  of  such
accounts,  the  payments  from  such  accounts  and  the  amount in such
accounts at the close of such quarter (to and including the entire peri-
od of the last day of the operative calendar year). Such detailed  quar-
terly report shall be prepared and submitted within 30 days of the close
of each fiscal quarter of the corporation to the director of the budget,
and  the  chair  of  the  senate  finance committee and the chair of the
assembly ways and means committee in both paper and  electronic  format.
Such  accounts and subaccounts shall be detailed in the annual report of
the corporation.
  No disbursements or payments shall be made from the economic  develop-
ment income account or the interest income account except upon a request
for  the  transfer of such funds to the director of the budget who shall
file such request and approval thereof with the department of audit  and
control  and  copies  thereof  with the senate finance committee and the
assembly ways and means committee in both paper and  electronic  format,
except  that  such  prior  approval  shall not be required in respect to
repayments to the state. Any amounts in any debt service reserve  funds,
any  inconsistent  provisions of law notwithstanding, established by the
corporation pursuant to the provisions of section 20  of  the  New  York
state  urban  development  corporation  act,  which would not reduce the
amount of such fund or funds to less than  (1)  the  maximum  amount  of
principal  and  interest  maturing  and  becoming due in 2011 or (2) any
amount required pursuant to a covenant, contract or other agreement with
bondholders and noteholders shall be paid  by  the  corporation  to  the
state  comptroller  for deposit to the credit of the general fund of the
state on or before March 1, 2012.   In the event  that  the  corporation
shall fail to make such payment, the comptroller shall withhold from any
appropriations otherwise available to the corporation, the amount suffi-

S. 2810--C                         45                         A. 4010--C

cient  to pay to the general fund the amounts required to be paid by the
corporation pursuant to the foregoing provisions. The state  comptroller
shall create accounts for each item of appropriation.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on  and  after  April  1,  2011;  and
provided  further that sections one and two of this act shall expire and
be deemed repealed March 31, 2012.

                                 PART EE

  Section 1. Subdivision 1 of section 12 of section 1 of chapter 174  of
the  laws  of  1968  constituting  the  New York state urban development
corporation act is amended by adding a  new  undesignated  paragraph  to
read as follows:
  THE EMPIRE STATE NEW MARKET CORPORATION, A COMMUNITY DEVELOPMENT ENTI-
TY  CERTIFIED  BY THE UNITED STATES DEPARTMENT OF THE TREASURY COMMUNITY
DEVELOPMENT FINANCIAL INSTITUTIONS FUND AND A  CORPORATE  SUBSIDIARY  OF
THE  CORPORATION,  BY RESOLUTION, MAY DIRECT ANY OF ITS DIRECTORS, OFFI-
CERS, OR EMPLOYEES TO  FORM  LIMITED  LIABILITY  COMPANIES  PURSUANT  TO
SECTION 203 OF THE LIMITED LIABILITY COMPANY LAW FOR THE SOLE PURPOSE OF
CERTIFYING  AND  PERFORMING AS COMMUNITY DEVELOPMENT ENTITIES THAT WOULD
BE ELIGIBLE TO RECEIVE AN  ALLOCATION  OF  TAX  CREDITS  UNDER  THE  NEW
MARKETS  TAX CREDIT PROGRAM.  NO LIMITED LIABILITY COMPANY FORMED PURSU-
ANT TO THIS SECTION SHALL MERGE OR CONSOLIDATE.  EACH LIMITED  LIABILITY
COMPANY  SHALL ACT SOLELY IN RELATION TO PROJECTS SELECTED BY THE CORPO-
RATION, OR A CORPORATE  SUBSIDIARY  OF  THE  CORPORATION.  EACH  LIMITED
LIABILITY  COMPANY  SHALL  BE  EMPOWERED TO RECEIVE AN ALLOCATION OF TAX
CREDITS FROM A FEDERAL ALLOCATION TO THE  CORPORATION,  OR  A  CORPORATE
SUBSIDIARY  OF THE CORPORATION, UNDER THE NEW MARKETS TAX CREDIT PROGRAM
AND TO DO ANY OTHER ACT OR THINGS INCIDENTAL TO OR  CONNECTED  WITH  THE
FOREGOING  PURPOSES  OR  IN ADVANCEMENT THEREOF.   THE CORPORATION, OR A
CORPORATE SUBSIDIARY OF THE CORPORATION, SHALL BE THE MANAGING MEMBER OF
EACH LIMITED LIABILITY COMPANY CREATED BY THE CORPORATION. IN  DETERMIN-
ING  WHICH PROJECTS TO ALLOCATE TAX CREDITS TO UNDER THE NEW MARKETS TAX
CREDIT PROGRAM, THE CORPORATION SHALL PRIORITIZE PROJECTS  DEMONSTRATING
ONE OR MORE OF THE FOLLOWING GOALS OR BENEFITS:  (A) CREATING OR RETAIN-
ING  JOBS  IN  LOW  INCOME  COMMUNITIES; (B) INCREASING THE PROVISION OF
GOODS AND SERVICES FOR LOW INCOME COMMUNITY RESIDENTS WHICH WOULD OTHER-
WISE NOT BE AVAILABLE AT THE  SAME  PRICE  OR  QUALITY;  (C)  SUPPORTING
MINORITY AND WOMEN-OWNED OR CONTROLLED BUSINESSES; (D) EXPANDING HOUSING
OPPORTUNITIES  FOR LOW INCOME COMMUNITY PERSONS; (E) SUPPORTING ENVIRON-
MENTALLY SUSTAINABLE OUTCOMES; AND (F) SUPPORTING EFFORTS THAT OTHERWISE
BENEFIT LOW INCOME COMMUNITY RESIDENTS BY LEVERAGING FURTHER  INVESTMENT
IN  THEIR COMMUNITIES.  PROVIDED FURTHER, SUCH PROJECTS SHALL BE LIMITED
TO PROJECTS THAT WOULD BE AUTHORIZED UNDER THIS ACT AND SHALL BE SUBJECT
TO APPROVAL BY THE BOARD OF THE  URBAN  DEVELOPMENT  CORPORATION.    THE
CORPORATION  SHALL  PUBLISH  INFORMATION  REGARDING  THE PROCESS USED TO
SELECT PROJECTS TO RECEIVE THE NEW MARKETS TAX  CREDITS  AND  PROVIDE  A
COPY TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEM-
BLY,  THE  MINORITY  LEADER OF THE SENATE AND THE MINORITY LEADER OF THE
ASSEMBLY. THE CORPORATION SHALL STRIVE FOR  REGIONAL  DIVERSITY  IN  THE
ALLOCATION OF TAX CREDITS UNDER THE NEW MARKETS TAX CREDIT PROGRAM.  THE
CORPORATION  SHALL  INCLUDE  IN THE INFORMATION REQUIRED TO BE SUBMITTED
ANNUALLY IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION 1  OF  SECTION
2800  OF  THE  PUBLIC  AUTHORITIES  LAW INFORMATION REGARDING ASSISTANCE
PROVIDED BY IT OR ITS  SUBSIDIARY  UNDER  THE  NEW  MARKETS  TAX  CREDIT

S. 2810--C                         46                         A. 4010--C

PROGRAM,  AND  SHALL  PROVIDE  FINANCIAL INFORMATION WITH RESPECT TO ANY
SUBSIDIARY ADMINISTERING THE  PROGRAM  IN  THE  CORPORATION'S  FINANCIAL
REPORTS, INCLUDING ITS CERTIFIED AUDITED FINANCIAL STATEMENTS.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed 5 years after such effective date.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through EE of this act shall be
as specifically set forth in the last section of such Parts.

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