senate Bill S6258D

Signed by Governor

Enacts major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for 2012-2013

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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

  • 17 / Jan / 2012
    • REFERRED TO FINANCE
  • 10 / Feb / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 10 / Feb / 2012
    • PRINT NUMBER 6258A
  • 17 / Feb / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 17 / Feb / 2012
    • PRINT NUMBER 6258B
  • 11 / Mar / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 11 / Mar / 2012
    • PRINT NUMBER 6258C
  • 25 / Mar / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 25 / Mar / 2012
    • PRINT NUMBER 6258D
  • 28 / Mar / 2012
    • ORDERED TO THIRD READING CAL.472
  • 28 / Mar / 2012
    • PASSED SENATE
  • 28 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 28 / Mar / 2012
    • REFERRED TO WAYS AND MEANS
  • 28 / Mar / 2012
    • SUBSTITUTED FOR A9058D
  • 28 / Mar / 2012
    • ORDERED TO THIRD READING RULES CAL.24
  • 28 / Mar / 2012
    • MOTION TO AMEND LOST
  • 28 / Mar / 2012
    • PASSED ASSEMBLY
  • 28 / Mar / 2012
    • RETURNED TO SENATE
  • 30 / Mar / 2012
    • DELIVERED TO GOVERNOR
  • 30 / Mar / 2012
    • SIGNED CHAP.58

Summary

Authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2012-2013; relates to the establishment of the dedicated highway and bridge trust fund; authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012; relates to the effectiveness of the dedicated highway and bridge trust fund (Part A); modifies the distribution of certain highway funds (Part B); enacts a risk based bus inspection program (Part C); relates to commercial driver's licenses and medical certifications; repeals paragraph (f) of subdivision 3 of section 510-a of the vehicle and traffic law, relating to commercial driver's licenses (Part D); relates to notes, bonds and other obligations of the metropolitan transportation authority, Triborough bridge and tunnel authority and New York city transit authority (Part E); establishes an additional retention rate for county clerks acting as an agent of the department of motor vehicles based upon internet transactions (Part F); relates to federal revenue (Part G); relates to regulation of various fish and wildlife licenses, permits and fees; repeals certain provisions of such law relating thereto (Part H); relates to hazardous waste program fees and surcharges (Part J); relates to sewage treatment and drinking water funds and the water pollution control and drinking water revolving funds (Part K); relates to seed testing (Park L); relates to cost recovery for services (Part M); relates to food processing license fees; repeals subdivision 4 of section 128-a and subdivision 3 of section 133-a of the agriculture and markets law and section 90-b of the state finance law relating to the commercial feed licensing fund (Part N); authorizes and directs the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part O); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part P); relates to powers of the New York state urban development corporation to make loans (Part R); extends certain provisions relating to the empire state economic development fund (Part S); relates to excelsior linked deposit act (Part U); authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part V); relates to the employment of officials at harness race meetings and reimbursement by licensed racing corporations to the state racing and wagering board for the per diem cost of such employees (Part Y); relates to the recovery of state governmental costs from public authorities and public benefit corporations (Part AA); authorizes the dormitory authority to enter into certain design and construction management agreements; provides for the repeal of such provisions upon the expiration thereof (Part BB); relates to on-bill recovery mechanism for the "green jobs-green New York" program (Part DD); relates to the use of ultra low sulfur diesel fuel and best available technology by the State (Part EE); directs the commissioner of environmental conservation to create gift cards for hunting and fishing licenses (Part FF); enacts the western New York power proceeds allocation act; repeals chapter 436 of the laws of 2010, relating to authorizing unallocated expansion or replacement power to be allocated for western New York economic development fund benefits (Part GG); relates to infrastructure investment (Part HH); relates to regional off-track betting corporations and provides for the repeal of certain provisions upon expiration thereof (Part II).

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Bill Details

See Assembly Version of this Bill:
A9058D
Versions:
S6258
S6258A
S6258B
S6258C
S6258D
Legislative Cycle:
2011-2012
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6258--D                                            A. 9058--D

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

                            January 17, 2012
                               ___________

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

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

AN ACT to authorize funding for the Consolidated Local Street and  High-
  way  Improvement  Program  (CHIPS)  and  Marchiselli program for state
  fiscal year 2012-2013; to amend chapter  329  of  the  laws  of  1991,
  amending  the  state finance law and other laws relating to the estab-
  lishment of the dedicated highway and bridge trust fund; and to  amend
  chapter  60  of  the laws of 2011, authorizing funding for the Consol-
  idated Local  Street  and  Highway  Improvement  Program  (CHIPS)  and
  Marchiselli program for state fiscal year 2011-2012 and amending chap-
  ter  329 of the laws of 1991, amending the state finance law and other
  laws relating to the establishment of the dedicated highway and bridge
  trust fund, in relation to the  effectiveness  thereof  (Part  A);  to
  amend  the highway law and the state finance law, in relation to modi-
  fying the distribution of certain funds (Part B); to amend the  trans-
  portation  law,  in  relation  to enacting a risk-based bus inspection
  program (Part C); to amend the vehicle and traffic law, in relation to
  commercial driver's licenses and medical certifications; and to repeal
  paragraph (f) of subdivision 3 of section 510-a  of  the  vehicle  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12673-06-2

S. 6258--D                          2                         A. 9058--D

  traffic  law,  relating  to  commercial driver's licenses (Part D); to
  amend the public authorities law, in  relation  to  notes,  bonds  and
  other   obligations  of  the  metropolitan  transportation  authority,
  Triborough  bridge  and  tunnel  authority  and  New York city transit
  authority (Part E); to amend vehicle and traffic law  in  relation  to
  establishing  an additional retention rate for county clerks acting as
  an agent of the department of motor vehicles based upon internet tran-
  sactions (Part F); to amend the transportation law,  the  vehicle  and
  traffic law, the general municipal law, the environmental conservation
  law and the executive law, in relation to federal revenue (Part G); to
  amend  the  environmental  conservation  law, in relation to the regu-
  lation of various fish and wildlife licenses, permits  and  fees;  and
  repealing  certain  provisions  of such law relating thereto (Part H);
  intentionally omitted (Part I); to amend the  environmental  conserva-
  tion  law,  in relation to hazardous waste program fees and surcharges
  (Part J); to amend the state finance law and  the  public  authorities
  law,  in relation to the sewage treatment and drinking water funds and
  the water pollution control and drinking water revolving  funds  (Part
  K);  to  amend  the  agriculture  and markets law, in relation to seed
  testing (Part L);  to  amend  the  agriculture  and  markets  law,  in
  relation to cost recovery for services (Part M); to amend the agricul-
  ture and markets law, in relation to food processing license fees; and
  to  repeal subdivision 4 of section 128-a and subdivision 3 of section
  133-a of the agriculture and markets law and section 90-b of the state
  finance law relating to the commercial feed licensing fund  (Part  N);
  to  authorize and direct the New York state energy research and devel-
  opment authority to make a payment  to  the  general  fund  of  up  to
  $913,000 (Part O); to authorize the New York state energy research and
  development  authority  to finance a portion of its research, develop-
  ment and demonstration and policy and planning programs  from  assess-
  ments on gas and electric corporations (Part P); intentionally omitted
  (Part  Q);  to amend chapter 393 of the laws of 1994, amending the New
  York state urban development corporation act, relating to  the  powers
  of  the New York state urban development corporation to make loans, in
  relation to the effectiveness thereof (Part R); to amend the New  York
  state  urban  development  corporation  act,  in relation to extending
  certain provisions relating to the empire state  economic  development
  fund  (Part  S);  intentionally  omitted  (Part T); to amend the state
  finance law, in relation to the excelsior linked deposit act (Part U);
  to authorize the department of health to  finance  certain  activities
  with  revenues generated from an assessment on cable television compa-
  nies (Part V); intentionally omitted (Part W);  intentionally  omitted
  (Part  X);  to amend the racing, pari-mutuel wagering and breeding law
  in relation to employment of officials at harness  race  meetings  and
  reimbursement  by licensed racing corporations to the state racing and
  wagering board for the per diem  cost  of  such  employees  (Part  Y);
  intentionally  omitted  (Part Z); to amend the public authorities law,
  in relation to the recovery of state governmental  costs  from  public
  authorities  and  public  benefit corporations (Part AA); to amend the
  public authorities law,  in  relation  to  authorizing  the  dormitory
  authority  to  enter  into  certain design and construction management
  agreements; and providing for the repeal of such provisions  upon  the
  expiration  thereof  (Part  BB);  intentionally  omitted (Part CC); to
  amend the public  authorities  law  and  the  real  property  law,  in
  relation  to  the on-bill recovery mechanism for the "green jobs-green
  New York" program (Part DD); to amend the  environmental  conservation

S. 6258--D                          3                         A. 9058--D

  law,  in  relation to the use of ultra low sulfur diesel fuel and best
  available technology by the state (Part EE);  to  amend  the  environ-
  mental  conservation law, in relation to directing the commissioner of
  environmental  conservation to create gift cards for hunting and fish-
  ing licenses (Part FF); to amend the economic development law and  the
  public  authorities  law, in relation to enacting the western New York
  power proceeds allocation act; and to repeal chapter 436 of  the  laws
  of  2010, relating to authorizing unallocated expansion or replacement
  power to be allocated for western New York economic  development  fund
  benefits  (Part  GG);  to  amend the state finance law, in relation to
  infrastructure investment (Part HH); and to amend the racing, pari-mu-
  tuel wagering and breeding law,  in  relation  to  regional  off-track
  betting   corporations;  and  providing  for  the  repeal  of  certain
  provisions upon expiration thereof (Part II)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2012-2013
state fiscal year. Each component is  wholly  contained  within  a  Part
identified as Parts A through II. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. The sum of four hundred two million seven  hundred  ninety-
seven  thousand  dollars  ($402,797,000), or so much thereof as shall be
necessary, and in addition to amounts previously appropriated by law, is
hereby made available, in accordance with subdivision 1 of  section  380
of  the  public  authorities  law as amended, according to the following
schedule.  Payments pursuant to subdivision (a) of this section shall be
made available as moneys become available for  such  payments.  Payments
pursuant  to  subdivisions  (b)  and  (c)  of this section shall be made
available on the fifteenth day of June, September, December and March or
as soon thereafter as moneys become  available  for  such  payments.  No
moneys  of  the state in the state treasury or any of its funds shall be
available for payments pursuant to this section:
                                SCHEDULE
  (a) Thirty-nine million seven hundred thousand  dollars  ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the  laws  of  1991, as added by section 9 of chapter 330 of the laws of
1991, as amended. The department of transportation  shall  provide  such
information  to  the  municipalities as may be necessary to maintain the
federal tax exempt status of any  bonds,  notes,  or  other  obligations
issued  by  such  municipalities to provide for the non-federal share of
the cost of projects pursuant to chapter 330 of  the  laws  of  1991  or
section 80-b of the highway law.

S. 6258--D                          4                         A. 9058--D

  The  program  authorized  pursuant to section 15 of chapter 329 of the
laws of 1991, as added by section 9 of chapter 330 of the laws of  1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year        Amount
                    2012-13                  $39,700,000
  (b)   Three  hundred  four  million  three  hundred  thousand  dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of eligible costs of local  highway  and  bridge  projects  pursuant  to
sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
section 9 of chapter 330 of the  laws  of  1991,  as  amended.  For  the
purposes of computing allocations to municipalities, the amount distrib-
uted  pursuant to section 16 of chapter 329 of the laws of 1991 shall be
deemed to be $121,520,000.  The amount distributed pursuant  to  section
16-a  of  chapter  329  of  the  laws  of  1991  shall  be  deemed to be
$182,780,000.  Notwithstanding the provisions of any general or  special
law,  the  amounts  deemed  distributed in accordance with section 16 of
chapter 329 of the laws of 1991 shall be adjusted so that  such  amounts
will  not  be less than 83.807 percent of the "funding level" as defined
in subdivision 5 of section 10-c of the highway law for each such  muni-
cipality.  In  order  to achieve the objectives of section 16 of chapter
329 of the laws of 1991, to the extent necessary, the amounts in  excess
of  83.807 percent of the funding level to be deemed distributed to each
municipality under this subdivision shall be reduced  in  equal  propor-
tion.
  (c)  Fifty-eight  million  seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible  costs  of
local  highway  and  bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing  allocations
to  municipalities,  the  amount  distributed  pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be  $23,480,000.  The
amount  distributed  pursuant to section 16-a of chapter 329 of the laws
of  1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding   the
provisions of any general or special law, the amounts deemed distributed
in  accordance  with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 16.193 percent of
the "funding level" as defined in subdivision 5 of section 10-c  of  the
highway  law  for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991,  to  the  extent
necessary,  the amounts in excess of 16.193 percent of the funding level
to be deemed distributed to each  municipality  under  this  subdivision
shall  be  reduced  in equal proportion. To the extent that the total of
remaining payment allocations calculated herein varies from $58,797,000,
the payment amounts to each locality shall  be  adjusted  by  a  uniform
percentage so that the total payments equal $58,797,000.
  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991,  as  amended,  shall  additionally make payments for reimbursement
according to the following schedule:
                    State Fiscal Year        Amount
                    2012-13                  $363,097,000
  S 2. Subdivision (f) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as added by section

S. 6258--D                          5                         A. 9058--D

2 of part A of chapter 60 of the laws of 2011, is  amended  to  read  as
follows:
  (f)  For purposes of this section and section 10-c of the highway law,
[for projects completed on or before March 31, 2012] local  highway  and
bridge projects may also include the following work types: (1) microsur-
facing,  (2)  paver  placed surface treatment, (3) single course surface
treatment involving chip seals and oil and stone, and (4) double  course
surface  treatment  involving chip seals and oil and stone[, however, no
reimbursement shall be made for (1)  microsurfacing,  (2)  paver  placed
surface  treatment,  (3)  single course surface treatment involving chip
seals and oil and stone, and (4) double course surface treatment involv-
ing chip seals and oil and stone after March 31, 2012].    Reimbursement
for  projects  using  these  treatments may be made from the proceeds of
bonds, notes or other obligations issued by the New York  state  thruway
authority  pursuant  to  section  380  of  the public authorities law or
otherwise as determined by the director of the budget.
  S 3. Subdivision (f) of section 16-a of chapter 329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund,  as  added
by  section 3 of part A of chapter 60 of the laws of 2011, is amended to
read as follows:
  (f) For purposes of this section and section 10-c of the highway  law,
[for  projects  completed on or before March 31, 2012] local highway and
bridge projects may also include the following work types: (1) microsur-
facing, (2) paver placed surface treatment, (3)  single  course  surface
treatment  involving chip seals and oil and stone, and (4) double course
surface treatment involving chip seals and oil and stone[,  however,  no
reimbursement  shall  be  made  for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface  treatment  involving  chip
seals and oil and stone, and (4) double course surface treatment involv-
ing  chip  seals and oil and stone after March 31, 2012].  Reimbursement
for projects using these treatments may be made  from  the  proceeds  of
bonds,  notes  or other obligations issued by the New York state thruway
authority pursuant to section 380  of  the  public  authorities  law  or
otherwise as determined by the director of the budget.
  S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment  of  the  dedicated  highway  and  bridge trust fund, as amended by
section 4 of part A of chapter 60 of the laws of  2011,  is  amended  to
read as follows:
  (d) Any such service contract (i) shall provide that the obligation of
the  director  of  the budget or the state to fund or to pay the amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provisions in the  event  the
thruway  authority assigns or pledges service contract payments as secu-
rity for its bonds or notes, (ii) shall be deemed executory only to  the
extent  moneys  are available and that no liability shall be incurred by
the state beyond the moneys available for the  purpose,  and  that  such
obligation  is  subject  to annual appropriation by the legislature, and
(iii) shall provide that no funds  shall  be  made  available  from  the
proceeds  of  bonds  or notes issued pursuant to this chapter unless the
commissioner of transportation has certified  to  the  chairman  of  the
thruway  authority  that  such  funds  shall be used exclusively for the
purposes  authorized  by  subdivision  (a)  of  this   section,   and/or
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,

S. 6258--D                          6                         A. 9058--D

preliminary  engineering,  and  construction supervision and inspection,
where the service life of the project is at  least  ten  years  or  [for
projects  completed  on  or before March 31, 2012] where the project is:
(1)  microsurfacing,  (2)  paver  placed  surface  treatment, (3) single
course surface treatment involving chip seals and oil and stone and  (4)
double  course surface treatment involving chip seals and oil and stone,
and unless the director of the budget has certified to the  chairman  of
the  thruway  authority  that  a spending plan has been submitted by the
commissioner of transportation and has been approved by the director  of
the  budget. [No reimbursement shall be made for (1) microsurfacing, (2)
paver placed surface treatment,  (3)  single  course  surface  treatment
involving  chip  seals  and oil and stone, and (4) double course surface
treatment involving chip seals and oil and stone after March 31, 2012.]
  S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and  bridge  trust  fund,  as  amended  by
section  5  of  part  A of chapter 60 of the laws of 2011, is amended to
read as follows:
  (b) Each county, city, town and village shall certify to  the  commis-
sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
construction, reconstruction or improvement of local  highways,  bridges
and/or  highway-railroad  crossings, including right of way acquisition,
preliminary engineering, and  construction  supervision  and  inspection
where  the  service  life  of  the project is at least ten years or [for
projects completed on or before March 31, 2012] where  the  project  is:
(1)  microsurfacing,  (2)  paver  placed  surface  treatment, (3) single
course surface treatment involving chip seals and oil and stone and  (4)
double  course surface treatment involving chip seals and oil and stone.
[No reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface  treatment  involving  chip
seals and oil and stone, and (4) double course surface treatment involv-
ing  chip  seals  and  oil and stone after March 31, 2012.] Such certif-
ication shall include any such information as may be necessary to  main-
tain  the federal tax exempt status of bonds, notes or other obligations
issued by the New York state thruway authority pursuant to  section  380
of  the public authorities law. The commissioner of transportation shall
in writing request the municipalities to furnish such information as may
be necessary to comply with this section.
  S 6. Subdivision (b) of section 16-a of chapter 329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 6 of part A of chapter 60 of the laws of 2011, is amended  to
read as follows:
  (b)  Each  county, city, town and village shall certify to the commis-
sioner  of  transportation  that  amounts  to  be  reimbursed  are   for
construction,  reconstruction  or improvement of local highways, bridges
and/or highway-railroad crossings, including right of  way  acquisition,
preliminary  engineering,  and  construction  supervision and inspection
where the service life of the project is at  least  ten  years  or  [for
projects  completed  on  or before March 31, 2012] where the project is:
(1) microsurfacing, (2)  paver  placed  surface  treatment,  (3)  single
course  surface treatment involving chip seals and oil and stone and (4)
double course surface treatment involving chip seals and oil and  stone.
[No reimbursement shall be made for (1) microsurfacing, (2) paver placed
surface  treatment,  (3)  single course surface treatment involving chip
seals and oil and stone, and (4) double course surface treatment involv-

S. 6258--D                          7                         A. 9058--D

ing chip seals and oil and stone after March  31,  2012.]  Such  certif-
ication  shall include any such information as may be necessary to main-
tain the federal tax exempt status of bonds, notes or other  obligations
issued  by  the New York state thruway authority pursuant to section 380
of the public authorities law. The commissioner shall in writing request
the municipalities to furnish such information as may  be  necessary  to
comply with this section.
  S 7.  Section 7 of part A of chapter 60 of the laws of 2011, authoriz-
ing  funding  for  the Consolidated Local Street and Highway Improvement
Program (CHIPS) and Marchiselli program for state fiscal year  2011-2012
and amending chapter 329 of the laws of 1991, amending the state finance
law  and other laws relating to the establishment of the dedicated high-
way and bridge trust fund, is amended to read as follows:
  S 7. This act shall take effect immediately[; provided, however,  that
sections  two, three, four, five and six of this act shall expire and be
deemed repealed on April 1, 2012].
  S 8. This act shall take effect immediately.

                                 PART B

  Section 1. Section 326 of the highway law, as amended by chapter  1110
of the laws of 1971, is amended to read as follows:
  S 326. Penalties, how recovered. All penalties or forfeitures given in
this  chapter, and not otherwise specially provided for, shall be recov-
ered by the town superintendent, in the name of the town  in  which  the
offense shall be committed; and when recovered, shall be applied by them
in  improving  the highways and bridges in such town, except that if the
offense occurs on any highway included in the systems defined by section
three hundred forty-one of this chapter, such penalties  or  forfeitures
may  be  recovered  by  the  commissioner of transportation and where so
recovered shall be [paid to the state treasurer to  the  credit  of  the
fund  available for the maintenance and repair of state highways] DEPOS-
ITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND  PAYMENT
ACCOUNT  OF  THE  DEDICATED  HIGHWAY  AND  BRIDGE TRUST FUND ESTABLISHED
PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 2. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
finance law, as amended by section 2 of chapter 165 of the laws of 2008,
is amended to read as follows:
  (a)  The  special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway  and
bridge  trust  fund  pursuant  to the provisions of sections two hundred
five, two hundred  eighty-nine-e,  three  hundred  one-j,  five  hundred
fifteen  and  eleven  hundred  sixty-seven  of the tax law, section four
hundred one of the vehicle and traffic law, and  section  thirty-one  of
chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
fees, fines or penalties collected by the commissioner of transportation
pursuant  to  section  fifty-two,  SECTION THREE HUNDRED TWENTY-SIX, and
subdivisions five, eight and twelve of section eighty-eight of the high-
way law, subdivision fifteen of section three hundred eighty-five of the
vehicle and traffic law, section two of the chapter of the laws  of  two
thousand  three  that amended this paragraph, subdivision (d) of section
three hundred four-a, paragraph one of subdivision (a)  and  subdivision
(d)  of  section  three  hundred five, subdivision six-a of section four
hundred fifteen and subdivision (g) of section twenty-one hundred  twen-
ty-five of the vehicle and traffic law, section fifteen of this chapter,
excepting  moneys  deposited  with  the  state on account of betterments

S. 6258--D                          8                         A. 9058--D

performed pursuant to subdivision twenty-seven  or  subdivision  thirty-
five  of  section  ten of the highway law, (iii) any moneys collected by
the department of  transportation  for  services  provided  pursuant  to
agreements  entered into in accordance with section ninety-nine-r of the
general municipal law, and (iv) any other moneys collected  therefor  or
credited or transferred thereto from any other fund, account or source.
  S  3.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
finance law, as amended by section 3 of chapter 165 of the laws of 2008,
is amended to read as follows:
  (a) The special obligation reserve and payment account  shall  consist
(i)  of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions  of  sections  two  hundred
eighty-nine-e,  three  hundred  one-j,  five  hundred fifteen and eleven
hundred sixty-seven of the tax law, section  four  hundred  one  of  the
vehicle  and traffic law, and section thirty-one of chapter fifty-six of
the laws of nineteen hundred  ninety-three,  (ii)  all  fees,  fines  or
penalties  collected  by  the commissioner of transportation pursuant to
section fifty-two, SECTION THREE HUNDRED  TWENTY-SIX,  and  subdivisions
five,  eight  and  twelve  of  section  eighty-eight of the highway law,
subdivision fifteen of section three hundred eighty-five of the  vehicle
and  traffic  law,  section  fifteen  of  this chapter, excepting moneys
deposited with the state on account of betterments performed pursuant to
subdivision twenty-seven or subdivision thirty-five of  section  ten  of
the  highway law, (iii) any moneys collected by the department of trans-
portation for services provided pursuant to agreements entered  into  in
accordance  with section ninety-nine-r of the general municipal law, and
(iv) any other moneys collected  therefor  or  credited  or  transferred
thereto from any other fund, account or source.
  S  4.  This  act shall take effect immediately, and shall be deemed to
have been in full force and effect on  and  after  April  1,  2012;  and
provided, however, that the amendments to paragraph (a) of subdivision 3
of section 89-b of the state finance law made by section two of this act
shall  be  subject  to  the  expiration  and reversion of such paragraph
pursuant to section 13 of part U-1 of chapter 62 of the laws of 2003, as
amended, when upon such date the provisions of section three of this act
shall take effect.

                                 PART C

  Section 1. Subdivision 3 of section 140 of the transportation law,  as
added by chapter 635 of the laws of 1983, is amended to read as follows:
  3.  No  motor  vehicle  [carrying]  DESIGNED  TO  CARRY passengers, as
described in subdivision two of this section, shall be  operated  within
the  state  unless  it carries prominently displayed thereon the name of
the operator and certificate evidencing an inspection in accordance with
the rules and regulations of the commissioner within  a  period  of  six
months  last  preceding.  The  commissioner may, by order, rule or regu-
lation, exempt from the requirements of this subdivision, vehicles which
are not  operated  exclusively  in  transportation  services  for  which
inspection  is  required,  provided  that  written evidence of the names
otherwise subject  to  prominent  display  and  such  a  certificate  of
inspection  are  at  all  times  carried within such vehicles to be made
available for examination upon proper demand,  while  the  vehicles  are
operated  in such service.  IN ADDITION, THE COMMISSIONER MAY, BY ORDER,
RULE OR REGULATION, ESTABLISH A RISK-BASED  INSPECTION  PROGRAM  WHEREBY
OPERATORS  WHOSE INSPECTION PERFORMANCE FAILS TO MEET PERFORMANCE STAND-

S. 6258--D                          9                         A. 9058--D

ARDS ESTABLISHED BY THE COMMISSIONER SHALL BE SUBJECT  TO  COMPREHENSIVE
SAFETY REVIEWS AND/OR ADDITIONAL INSPECTIONS.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART D

  Section 1. Subdivision 1 of section 502 of  the  vehicle  and  traffic
law,  as  amended  by  section 2 of part CC of chapter 58 of the laws of
2011, is amended to read as follows:
  1. Application for license. Application for a driver's  license  shall
be  made to the commissioner. The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking of a photo image or images of the applicant  in  accordance  with
rules  and  regulations prescribed by the commissioner. In addition, the
commissioner also shall require that the applicant provide  his  or  her
social  security number and provide space on the application so that the
applicant may register in the New York  state  organ  and  tissue  donor
registry under section forty-three hundred ten of the public health law.
In  addition,  an  applicant  for a commercial driver's license who will
operate a commercial motor vehicle in interstate commerce shall  certify
that such applicant meets the requirements to operate a commercial motor
vehicle,  as  set forth in public law 99-570, title XII, and title 49 of
the code of federal regulations, and all regulations promulgated by  the
United  States secretary of transportation under the hazardous materials
transportation act. In addition, an applicant for a commercial  driver's
license shall submit a medical certificate at such intervals as required
by  the  federal  motor  carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of  federal  regulations  relating  to
medical  certification  and  in a manner prescribed by the commissioner.
For purposes of this section and sections five hundred three [and], five
hundred ten-a, AND FIVE HUNDRED TEN-AA of this title, the  [term]  TERMS
"medical  certificate"  AND  "MEDICAL  CERTIFICATION"  shall mean a form
substantially in compliance with the form set forth in Part 391.43(h) of
title 49 of the code of federal regulations. Upon a  determination  that
the  holder  of  a commercial driver's license has made any false state-
ment, with respect to the application for such license, the commissioner
shall revoke such license.
  S 2. Paragraph (b) of subdivision 1 of section 503 of the vehicle  and
traffic  law,  as  amended  by section 3 of part CC of chapter 58 of the
laws of 2011, is amended to read as follows:
  (b) An application for a license shall be valid for a period  of  time
specified  by regulation of the commissioner not to exceed five years. A
learner's permit shall be valid from its issuance until  the  expiration
of  the  application  for  a  driver's  license for which it was issued.
Provided, however, that [if the medical certificate submitted in accord-
ance with the requirements of the federal motor carrier safety  improve-
ment  act  of 1999 and Part 383.71(h) of title 49 of the code of federal
regulations by an applicant for a commercial driver's  license  expires,
any]  A learner's permit [that may have been] issued by the commissioner
in connection with  [the]  AN  application  FOR  A  COMMERCIAL  DRIVER'S
LICENSE shall be [suspended] CANCELLED WITHIN SIXTY DAYS OF THE HOLDER'S
MEDICAL  CERTIFICATION  STATUS  BECOMING "NOT-CERTIFIED" BASED UPON: (I)
THE EXPIRATION OF THE HOLDER'S MEDICAL CERTIFICATION OR MEDICAL VARIANCE

S. 6258--D                         10                         A. 9058--D

DOCUMENTATION REQUIRED BY THE FEDERAL MOTOR CARRIER  SAFETY  IMPROVEMENT
ACT  OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGU-
LATIONS; (II) THE HOLDER'S FAILURE TO SUBMIT SUCH MEDICAL  CERTIFICATION
OR  MEDICAL  VARIANCE DOCUMENTATION AT SUCH INTERVALS AS REQUIRED BY THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART  383.71(H)
OF  TITLE  49  OF  THE  CODE  OF  FEDERAL  REGULATIONS  AND  IN A MANNER
PRESCRIBED BY THE COMMISSIONER; OR (III) THE RECEIPT BY THE COMMISSIONER
OF INFORMATION FROM THE ISSUING MEDICAL EXAMINER OR  THE  FEDERAL  MOTOR
CARRIER  SAFETY  ADMINISTRATION  THAT A MEDICAL CERTIFICATION OR MEDICAL
VARIANCE WAS ISSUED IN ERROR OR RESCINDED. THE COMMISSIONER SHALL,  UPON
A  HOLDER'S  STATUS  BECOMING "NOT-CERTIFIED", NOTIFY THE HOLDER OF SUCH
LEARNER'S PERMIT ISSUED IN CONNECTION WITH A COMMERCIAL DRIVER'S LICENSE
APPLICATION BY FIRST CLASS MAIL TO THE ADDRESS OF SUCH  PERSON  ON  FILE
WITH  THE  DEPARTMENT  OR  AT THE CURRENT ADDRESS PROVIDED BY THE UNITED
STATES POSTAL SERVICE OF HIS  OR  HER  "NOT-CERTIFIED"  MEDICAL  CERTIF-
ICATION  STATUS AND THAT THE COMMERCIAL MOTOR VEHICLE PRIVILEGES OF SUCH
LEARNER'S PERMIT WILL BE CANCELLED UNLESS HE OR SHE  SUBMITS  A  CURRENT
MEDICAL  CERTIFICATE  AND/OR  MEDICAL  VARIANCE  IN ACCORDANCE WITH PART
383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS OR CHANGES  HIS
OR  HER  SELF-CERTIFICATION  TO  DRIVING  ONLY IN EXCEPTED OR INTRASTATE
COMMERCE IN ACCORDANCE WITH PART 383.71(B)(II)(B), (C) OR (D)  OF  TITLE
49 OF THE CODE OF FEDERAL REGULATIONS.
  S  3.  Paragraph  (f) of subdivision 3 of section 510-a of the vehicle
and traffic law is REPEALED.
  S 4. The vehicle and traffic law is amended by adding  a  new  section
510-aa to read as follows:
  S  510-AA.  DOWNGRADE  OF  COMMERCIAL  DRIVER'S LICENSES. A COMMERCIAL
DRIVER'S LICENSE  SHALL  BE  DOWNGRADED  TO  A  NON-COMMERCIAL  DRIVER'S
LICENSE  BY  THE  COMMISSIONER WITHIN SIXTY DAYS OF THE HOLDER'S MEDICAL
CERTIFICATION STATUS BECOMING "NOT-CERTIFIED" BASED UPON THE  EXPIRATION
OF  THE HOLDER'S MEDICAL CERTIFICATION OR MEDICAL VARIANCE DOCUMENTATION
REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS,  OR  UPON
THE  HOLDER'S  FAILURE  TO  SUBMIT SUCH MEDICAL CERTIFICATION OR MEDICAL
VARIANCE DOCUMENTATION AT SUCH INTERVALS  AS  REQUIRED  BY  THE  FEDERAL
MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART 383.71(H) OF TITLE
49  OF THE CODE OF FEDERAL REGULATIONS AND IN A MANNER PRESCRIBED BY THE
COMMISSIONER. A COMMERCIAL DRIVER'S LICENSE SHALL ALSO BE DOWNGRADED  TO
A  NON-COMMERCIAL DRIVER'S LICENSE BY THE COMMISSIONER WITHIN SIXTY DAYS
OF THE HOLDER'S MEDICAL CERTIFICATION  STATUS  BECOMING  "NOT-CERTIFIED"
BASED  UPON  RECEIPT OF INFORMATION FROM THE ISSUING MEDICAL EXAMINER OR
THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION THAT A  MEDICAL  CERTIF-
ICATION OR MEDICAL VARIANCE WAS ISSUED IN ERROR OR RESCINDED. SUCH DOWN-
GRADE SHALL BE TERMINATED, AND THE COMMERCIAL DRIVER'S LICENSE RESTORED,
UPON:  (1) THE HOLDER'S SUBMISSION OF THE REQUIRED VALID MEDICAL EXAMIN-
ER'S CERTIFICATE OR MEDICAL VARIANCE DOCUMENTATION; OR (2) THE  HOLDER'S
SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR VEHICLE OPER-
ATION HE OR SHE ENGAGES, OR EXPECTS TO ENGAGE IN, AND THAT THE HOLDER IS
THEREFORE  NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND PART  383.71(H)
OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.  THE COMMISSIONER SHALL,
UPON  A  HOLDER'S  STATUS BECOMING "NOT-CERTIFIED", NOTIFY THE HOLDER OF
SUCH COMMERCIAL DRIVER'S LICENSE BY FIRST CLASS MAIL TO THE  ADDRESS  OF
SUCH  PERSON  ON  FILE  WITH  THE  DEPARTMENT  OR AT THE CURRENT ADDRESS
PROVIDED BY THE UNITED STATES POSTAL SERVICE OF HIS OR  HER  "NOT-CERTI-
FIED"  MEDICAL CERTIFICATION STATUS AND THAT HIS OR HER COMMERCIAL DRIV-

S. 6258--D                         11                         A. 9058--D

ER'S LICENSE WILL BE DOWNGRADED TO  A  NON-COMMERCIAL  DRIVER'S  LICENSE
UNLESS  HE  OR  SHE SUBMITS A CURRENT MEDICAL CERTIFICATE AND/OR MEDICAL
VARIANCE IN ACCORDANCE WITH PART 383.71(H) OF TITLE 49 OF  THE  CODE  OF
FEDERAL  REGULATIONS OR CHANGES HIS OR HER SELF-CERTIFICATION TO DRIVING
ONLY  IN  EXCEPTED  OR  INTRASTATE  COMMERCE  IN  ACCORDANCE  WITH  PART
383.71(B)(II)(B),  (C)  OR  (D) OF TITLE 49 OF THE CODE OF FEDERAL REGU-
LATIONS.
  S 5. Section 509 of the vehicle and traffic law is amended by adding a
new subdivision 7-a to read as follows:
  7-A. NO PERSON SHALL OPERATE A COMMERCIAL MOTOR VEHICLE WHILE  KNOWING
OR  HAVING  REASON TO KNOW THAT HE OR SHE IS NOT MEDICALLY CERTIFIED, AS
REQUIRED, IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER  SAFETY  IMPROVE-
MENT  ACT  OF 1999 AND PART 383.71(H) OF TITLE 49 OF THE CODE OF FEDERAL
REGULATIONS.
  S 6. This act shall take effect immediately; provided,  however,  that
section  five of this act shall take effect on the sixtieth day after it
shall have become a law.

                                 PART E

  Section 1. Subdivision 12 of section 1269 of  the  public  authorities
law,  as  amended  by  section 1 of part NN of chapter 59 of the laws of
2010, is amended to read as follows:
  12. The aggregate principal amount of  bonds,  notes  or  other  obli-
gations  issued after the first day of January, nineteen hundred ninety-
three by the authority, the Triborough bridge and tunnel  authority  and
the  New York city transit authority to fund projects contained in capi-
tal program plans approved pursuant to  section  twelve  hundred  sixty-
nine-b  of  this [article] TITLE for the period nineteen hundred ninety-
two  through  two  thousand  fourteen  shall  not  exceed  [thirty-four]
THIRTY-SEVEN  billion  [eight  hundred seventy-seven] TWO HUNDRED ELEVEN
million dollars PRIOR TO JANUARY ONE, TWO THOUSAND THIRTEEN;  SHALL  NOT
EXCEED  THIRTY-NINE  BILLION  FIVE  HUNDRED  FORTY-FOUR MILLION PRIOR TO
JANUARY ONE, TWO THOUSAND  FOURTEEN;  AND  SHALL  NOT  EXCEED  FORTY-ONE
BILLION  EIGHT  HUNDRED  SEVENTY-SEVEN  MILLION DOLLARS THEREAFTER. Such
aggregate principal amount of bonds, notes or other obligations  or  the
expenditure  thereof shall not be subject to any limitation contained in
any other provision of law on the principal amount of  bonds,  notes  or
other  obligations or the expenditure thereof applicable to the authori-
ty, the Triborough bridge and tunnel authority  or  the  New  York  city
transit authority. The aggregate limitation established by this subdivi-
sion  shall  not  include  (i)  obligations  issued to refund, redeem or
otherwise repay, including by purchase or tender,  obligations  thereto-
fore issued either by the issuer of such refunding obligations or by the
authority,  the New York city transit authority or the Triborough bridge
and tunnel authority, (ii) obligations issued to fund any  debt  service
or other reserve funds for such obligations, (iii) obligations issued or
incurred  to fund the costs of issuance, the payment of amounts required
under bond and note facilities, federal  or  other  governmental  loans,
security  or credit arrangements or other agreements related thereto and
the payment of other financing and related costs  associated  with  such
obligations,  (iv)  an  amount equal to any original issue discount from
the principal amount of such obligations or to fund  capitalized  inter-
est, (v) obligations incurred pursuant to section twelve hundred seven-m
of  this  article,  (vi) obligations incurred to fund the acquisition of
certain buses for the New York city transit authority as identified in a

S. 6258--D                         12                         A. 9058--D

capital program plan approved pursuant to  chapter  fifty-three  of  the
laws  of  nineteen  hundred  ninety-two,  (vii)  obligations incurred in
connection with the leasing, selling or transferring of  equipment,  and
(viii)  bond anticipation notes or other obligations payable solely from
the proceeds of other bonds, notes or other obligations which  would  be
included  in  the  aggregate  principal  amount  specified  in the first
sentence of this subdivision, whether or  not  additionally  secured  by
revenues  of  the  authority, or any of its subsidiary corporations, New
York city transit authority, or any of its subsidiary  corporations,  or
Triborough bridge and tunnel authority.
  S 2. This act shall take effect immediately.

                                 PART F

  Section  1.  Section  205 of the vehicle and traffic law is amended by
adding a new subdivision 3-a to read as follows:
  3-A. IN ADDITION TO THE FEES RETAINED PURSUANT TO SUBDIVISION THREE OF
THIS SECTION, EACH COUNTY CLERK ACTING AS THE AGENT OF THE  COMMISSIONER
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL RETAIN FOUR PERCENT OF
"ENHANCED  INTERNET  AND  ELECTRONIC  PARTNER  REVENUE" COLLECTED BY THE
COMMISSIONER. FOR THE PURPOSES OF THIS SUBDIVISION,  "ENHANCED  INTERNET
AND  ELECTRONIC PARTNER REVENUE" SHALL MEAN THE AMOUNT OF GROSS RECEIPTS
ATTRIBUTABLE TO ALL TRANSACTIONS CONDUCTED ON THE INTERNET BY  RESIDENTS
OF SUCH COUNTY AND BY DESIGNATED PARTNERS OF THE DEPARTMENT ON BEHALF OF
SUCH  RESIDENTS FOR THE CURRENT CALENDAR YEAR THAT EXCEEDS THE AMOUNT OF
SUCH REVENUE COLLECTED BY THE  COMMISSIONER  DURING  CALENDAR  YEAR  TWO
THOUSAND  ELEVEN.    THE  COMMISSIONER  SHALL  CERTIFY THE AMOUNTS TO BE
RETAINED BY EACH COUNTY CLERK PURSUANT TO  THIS  SUBDIVISION.  PROVIDED,
HOWEVER,  THAT IF THE AGGREGATE AMOUNT OF FEES RETAINED BY COUNTY CLERKS
PURSUANT TO THIS SUBDIVISION IN CALENDAR YEARS TWO THOUSAND  TWELVE  AND
TWO THOUSAND THIRTEEN COMBINED EXCEEDS EIGHTY-EIGHT MILLION FIVE HUNDRED
THOUSAND  DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER
SHALL BE REDUCED TO A PERCENTAGE THAT, IF APPLIED TO THE FEES  COLLECTED
DURING  CALENDAR  YEARS  TWO  THOUSAND  TWELVE AND TWO THOUSAND THIRTEEN
COMBINED, WOULD HAVE RESULTED IN AN AGGREGATE RETENTION OF  EIGHTY-EIGHT
MILLION  FIVE HUNDRED THOUSAND DOLLARS OR 2.5 PERCENT OF ENHANCED INTER-
NET AND ELECTRONIC PARTNER REVENUE, WHICHEVER IS HIGHER. IF  THE  AGGRE-
GATE  AMOUNT OF FEES RETAINED BY COUNTY CLERKS PURSUANT TO THIS SUBDIVI-
SION IN CALENDAR YEARS TWO THOUSAND TWELVE  AND  TWO  THOUSAND  THIRTEEN
COMBINED  IS  LESS  THAN  EIGHTY-EIGHT  MILLION  FIVE  HUNDRED  THOUSAND
DOLLARS, THEN THE PERCENTAGE OF FEES TO BE RETAINED THEREAFTER SHALL  BE
INCREASED  TO A PERCENTAGE THAT, IF APPLIED TO THE FEES COLLECTED DURING
CALENDAR YEARS TWO THOUSAND TWELVE AND TWO THOUSAND  THIRTEEN  COMBINED,
WOULD  HAVE  RESULTED  IN AN AGGREGATE RETENTION OF EIGHTY-EIGHT MILLION
FIVE HUNDRED THOUSAND DOLLARS, OR SIX PERCENT OF ENHANCED  INTERNET  AND
ELECTRONIC PARTNER REVENUE, WHICHEVER IS LESS. ON AND AFTER APRIL FIRST,
TWO  THOUSAND  SIXTEEN,  THE PERCENT OF ENHANCED INTERNET AND ELECTRONIC
PARTNER REVENUE TO BE RETAINED BY COUNTY CLERKS SHALL BE THE AVERAGE  OF
THE  ANNUAL  PERCENTAGES  THAT  WERE  IN EFFECT BETWEEN APRIL FIRST, TWO
THOUSAND TWELVE AND MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
  S 2. This act shall take effect April 1, 2012.

                                 PART G

  Section 1.  Section 2 of the transportation law is amended  by  adding
three new subdivisions 4-a, 23-a and 23-b to read as follows:

S. 6258--D                         13                         A. 9058--D

  4-A.  "COMMERCIAL  MOTOR  VEHICLE"  MEANS  ANY SELF-PROPELLED OR TOWED
MOTOR VEHICLE USED ON A HIGHWAY IN INTRASTATE,  INTERSTATE  OR  INTERNA-
TIONAL COMMERCE TO TRANSPORT PASSENGERS OR PROPERTY WHEN THE VEHICLE (A)
HAS  A  GROSS  VEHICLE  WEIGHT RATING OR GROSS COMBINATION WEIGHT OF TEN
THOUSAND ONE POUNDS OR MORE, WHICHEVER IS GREATER; OR (B) IS DESIGNED OR
USED  TO  TRANSPORT  MORE THAN EIGHT PASSENGERS INCLUDING THE DRIVER FOR
COMPENSATION; OR (C) IS DESIGNED OR USED TO TRANSPORT MORE THAN  FIFTEEN
PASSENGERS  INCLUDING THE DRIVER AND IS NOT USED TO TRANSPORT PASSENGERS
FOR COMPENSATION; OR (D) IS USED IN TRANSPORTING MATERIAL FOUND  BY  THE
UNITED  STATES SECRETARY OF TRANSPORTATION TO BE HAZARDOUS UNDER SECTION
5103 OF TITLE 49 OF THE UNITED STATES CODE AND TRANSPORTED IN A QUANTITY
REQUIRING PLACARDING UNDER  REGULATIONS  PRESCRIBED  BY  SUCH  SECRETARY
UNDER  SUBTITLE  B,  CHAPTER  I, SUBCHAPTER C OF TITLE 49 OF THE CODE OF
FEDERAL REGULATIONS.
  23-A. "PRIVATE CARRIER OF PASSENGER BY MOTOR VEHICLE" MEANS ANY PERSON
THAT TRANSPORTS PASSENGERS BY COMMERCIAL MOTOR VEHICLE WHICH IS PROVIDED
IN THE FURTHERANCE OF A COMMERCIAL  ENTERPRISE  AND  WHICH  IS  NOT  FOR
COMPENSATION AND IS NOT AVAILABLE TO THE PUBLIC AT LARGE, IN INTRASTATE,
INTERSTATE OR INTERNATIONAL COMMERCE.
  23-B.  "PRIVATE MOTOR CARRIER" MEANS ANY PERSON WHO PROVIDES TRANSPOR-
TATION OF PROPERTY OR PASSENGERS BY COMMERCIAL MOTOR VEHICLE FOR A BUSI-
NESS PURPOSE AND IS NOT A COMMON OR CONTRACT CARRIER  OF  PASSENGERS  OR
PROPERTY BY MOTOR VEHICLE.
  S  2. Section 140 of the transportation law is amended by adding a new
subdivision 10 to read as follows:
  10. FOR PURPOSES OF THIS SECTION, THE TERMS "EMPLOYEE" AND  "EMPLOYER"
SHALL  HAVE THE SAME MEANINGS AS SUCH TERMS ARE DEFINED BY SECTION 390.5
OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AS SUCH REGULATIONS  ARE
AMENDED FROM TIME TO TIME.
  S 3.  Subdivision 1 of section 140 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  1.  Every  common  [and], contract AND PRIVATE carrier of passenger by
motor vehicle  INVOLVED  IN  INTERSTATE,  INTRASTATE,  OR  INTERNATIONAL
COMMERCE  DOMICILED  IN  NEW YORK shall furnish and provide with respect
thereto such service and facilities as shall be safe and  adequate.  Any
such  carrier  shall  give immediate notice to the commissioner of every
accident to which it shall, in the course of its operations, have been a
party.
  S 4. Subparagraph (ii) of paragraph a of subdivision 2 of section  140
of  the  transportation  law,  as  amended by chapter 602 of the laws of
1985, is amended to read as follows:
  (ii) All MOTOR CARRIERS, PRIVATE MOTOR CARRIERS, EMPLOYEES AND COMMER-
CIAL motor vehicles [operated pursuant to or requiring a certificate  or
permit  for the transportation of passengers or property from the inter-
state commerce commission or the commissioner] THAT  TRANSPORT  PROPERTY
OR PASSENGERS IN INTRASTATE, INTERSTATE, OR INTERNATIONAL COMMERCE.
  S  5. Paragraphs b and c of subdivision 2 of section 140 of the trans-
portation law, paragraph b as amended by chapter 173 of the laws of 1990
and paragraph c as amended by chapter 602  of  the  laws  of  1985,  are
amended to read as follows:
  b.  [In addition to those vehicles operated pursuant to or requiring a
certificate or a permit for the  transportation  of  property  from  the
interstate  commerce  commission  or  the  commissioner  as set forth in
subparagraph (ii) of paragraph a of this subdivision,  the  commissioner
shall have the power to adopt rules and regulations governing the safety

S. 6258--D                         14                         A. 9058--D

of  operation of other motor vehicles operated for the commercial trans-
portation of property.
  c.]  The  department shall have the power to examine vehicles, facili-
ties and records subject to the provisions of this subdivision,  at  any
time and place where they are found, to ascertain whether such rules and
regulations  are  being obeyed. The rules and regulations of the commis-
sioner shall provide for the inspection of all such vehicles, FACILITIES
AND RECORDS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, at such peri-
ods and at such  manner  as  the  commissioner  may  direct,  and,  when
adopted, shall have the full force and effect of law.
  S 6. Paragraph d of subdivision 2 of section 140 of the transportation
law is relettered paragraph c and subparagraph (i) of such paragraph, as
added by chapter 173 of the laws of 1990, is amended to read as follows:
  (i)  No  MOTOR  CARRIER, PRIVATE MOTOR CARRIER, EMPLOYEE OR COMMERCIAL
motor vehicle [operated pursuant to or  requiring  a  certificate  or  a
permit  for  the transportation of property from the interstate commerce
commission or the commissioner and no motor  vehicle  operated  for  the
commercial  transportation  of  property]  THAT  TRANSPORTS  PROPERTY OR
PASSENGERS IN INTRASTATE, INTERSTATE, OR  INTERNATIONAL  COMMERCE  shall
[be  operated]  OPERATE  in  this  state unless [it] SUCH MOTOR CARRIER,
PRIVATE MOTOR CARRIER,  EMPLOYEE  OR  COMMERCIAL  MOTOR  VEHICLE  is  in
compliance with the department's safety rules and regulations.
  S  7.  Subdivisions  4 and 5 of section 140 of the transportation law,
subdivision 4 as added by chapter 635 of the laws of 1983  and  subdivi-
sion  5  as  amended  by chapter 731 of the laws of 1988, are amended to
read as follows:
  4. Each motor vehicle  engaged  in  the  interstate  OR  INTERNATIONAL
transportation  of passengers operated within the state shall be subject
to subdivision three of this section as to the display of  the  name  of
the  operator  thereof,  and of such certificate of inspection as to the
safety of its appliances, equipment and  mechanical  operation,  as  the
commissioner  may,  by rules and regulations require. In respect to such
motor vehicle, the commissioner may, in lieu of  a  certificate  of  the
commissioner,  authorize  the  display  of  a  certificate of inspection
issued within a period of [six] TWELVE months last preceding, by a regu-
latory body of another state, or a province  of  Canada,  having  safety
standards  determined  by the commissioner not to be substantially lower
than those prescribed by the commissioner. The rules and regulations  to
be  adopted  under  this  subdivision  shall  insofar  as practicable be
uniform and the provisions of the vehicle and  traffic  law  so  far  as
applicable  and not in conflict with the provisions of this subdivision,
shall continue to apply to all such motor vehicles.
  5. No motor vehicle with  a  seating  capacity  of  more  than  eleven
passengers  manufactured  after  December thirty-first, nineteen hundred
seventy-five, used in the business of transporting school  children  for
hire  or  used  for  the transportation of school children, owned and/or
operated by school districts or by any public or private school shall be
operated within the state, unless each seat,  other  than  the  driver's
seat,  on  such  vehicle is equipped with a padded back at least twenty-
eight inches in height of a  type  and  specification  approved  by  the
commissioner.  Any  person  who operates a motor vehicle in violation of
the requirement for such seat backs shall  be  guilty  of  a  violation,
punishable  by  a fine not exceeding one hundred dollars. The provisions
of this subdivision shall not apply to any bus used for the  transporta-
tion  of  pupils,  teachers  and  other  persons acting in a supervisory
capacity to and from school activities and which bus does not receive or

S. 6258--D                         15                         A. 9058--D

discharge passengers on or along the public highways on regularly sched-
uled routes and which is being operated pursuant to [a permit or certif-
icate of public convenience and necessity] FOR-HIRE OPERATING  AUTHORITY
issued  by  the  commissioner or by the [interstate commerce commission]
UNITED STATES DEPARTMENT OF TRANSPORTATION. School buses manufactured or
assembled prior to April first, nineteen hundred seventy-seven  may  not
be  used  to  transport  pupils,  teachers and other persons acting in a
supervisory capacity to and from school activities.
  S 8.  The closing paragraph of section 151 of the transportation  law,
as  added  by  chapter  635  of  the laws of 1983, is amended to read as
follows:
  For the purposes of this article, the term "sedan" or "sedans" as used
herein shall  include  private  passenger  automobiles  [larger  than  a
conventional  sedan  and  commonly  known as a limousine], but shall not
include [vans or buses] COMMERCIAL MOTOR VEHICLES WITH A SEATING CAPACI-
TY OF ELEVEN PERSONS OR MORE INCLUDING THE DRIVER.
  S 9. Section 210 of the transportation law, as amended by chapter  488
of the laws of 1979, is amended to read as follows:
  S 210. Application  of this article. The term "motor truck" as used in
this article shall be deemed to mean and include  any  COMMERCIAL  motor
vehicle  held  and  used  for  the  transportation  of  goods, wares and
merchandise for hire or for a business purpose,  [including  such  motor
vehicles commonly known as an auto truck or light delivery car] PURSUANT
TO  THE RULES AND REGULATIONS OF THE COMMISSIONER.  The term "motor bus"
as used in this article shall be deemed to mean and include any  COMMER-
CIAL  motor  vehicle  held and used for the transportation of passengers
for hire OR FOR A BUSINESS PURPOSE, PURSUANT  TO  THE  RULES  AND  REGU-
LATIONS OF THE COMMISSIONER.
  S  10.    Section 211 of the transportation law, as amended by chapter
475 of the laws of 1996, is amended to read as follows:
  S 211. General provisions.  No driver of a motor truck  or  motor  bus
shall  drive such vehicle or be on duty for any period of time in excess
of that authorized pursuant  to  regulation  of  the  commissioner.  The
commissioner  is  hereby  authorized to promulgate rules and regulations
governing the hours of service of drivers  of  motor  trucks  and  motor
buses.  Such rules and regulations shall be no less protective of public
safety than the rules and regulations promulgated by the federal govern-
ment with respect to hours of labor of operation  of  motor  trucks  and
motor  buses,  provided,  however,  that with regard to drivers of motor
buses [operated exclusively in a town or county or] operated by a public
transportation authority operating exclusively within its jurisdictional
area, the rules and regulations of the commissioner shall  provide  that
no driver of such motor buses shall drive more than twelve hours follow-
ing  eight  consecutive hours off duty and no driver of such motor buses
shall drive for any period after having been on duty for  fifteen  hours
following  eight  consecutive  hours  off  duty and every driver of such
motor buses shall have at least twenty-four consecutive hours  off  duty
in  every  period of seven consecutive days and in no event shall such a
driver be on duty for more than seventy-five  hours  in  any  period  of
seven consecutive days.
  S  11.  Section 212 of the transportation law, as added by chapter 342
of the laws of 1974, subdivision a as amended by chapter 843 of the laws
of 1980, is amended to read as follows:
  S 212. Records. [a.] Every driver of a motor truck or motor bus  shall
keep  and carry on the vehicle records showing the day and hour when and
the place where he went and was released  from  duty,  whether  in  this

S. 6258--D                         16                         A. 9058--D

state  or  outside  of  this state. The commissioner shall prescribe the
form of such records and may require such other information to be  shown
thereon  as  he shall deem advisable to insure the proper enforcement of
this  article.  Such records shall be exhibited to the commissioner, his
representatives, or to any peace officer, acting pursuant to his special
duties or police officer who shall demand to see the same and  shall  be
held  available for further inspection for a period of sixty days within
the state of New York in an office designated by the owner.  Failure  to
produce  such  records  upon  demand  shall be presumptive evidence of a
violation of this article relating to keeping such records. In any pros-
ecution for the violation of any of the provisions of this article  such
records shall be prima facie evidence of the truth of the contents ther-
eof.
  [b.  The  provisions of this article with reference to the carrying of
records on the vehicle shall not apply to the operation of a  motor  bus
or  motor  buses operated on fixed schedules, but this shall not relieve
any corporation, company, association, joint-stock association, partner-
ship or person engaged in the operation of a motor bus or motor buses on
fixed schedules from the necessity of keeping such  records  and  having
them available in an office within the state of New York.]
  S  12.  Section 214 of the transportation law, as added by chapter 342
of the laws of 1974, subdivision b as amended by chapter 367 of the laws
of 1983 and subdivision d as amended by chapter 302 of the laws of 2005,
is amended to read as follows:
  S 214. Exemptions. a. The [provisions of this article shall not  apply
in  case  of  accident  or act of God, nor when there is delay which was
caused by the elements, or a cause not known to the driver or  owner  or
to  his  or  its  officers in charge of such operations at the time that
such driver left the place where he last went  on  duty  prior  to  such
delays.
  b.  The requirement in this article that every driver of a motor truck
or motor bus shall keep and carry on the vehicle records showing the day
and hour when, and the place where he went or was  released  from  duty,
shall  not  apply to any driver who drives wholly within a radius of one
hundred miles of the garage or terminal at which he  reports  for  work,
provided,  however,  that  such  records  shall  be kept at his place of
employment.
  c. The] COMMISSIONER SHALL ADOPT RULES  AND  REGULATIONS  ESTABLISHING
WHEN  THE  PROVISIONS  OF  THIS ARTICLE SHALL NOT APPLY, WHICH RULES AND
REGULATIONS SHALL CONFORM, AS APPLICABLE, TO PARAGRAPHS (B) THROUGH  (R)
OF  SECTION 395.1 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS AS SUCH
REGULATIONS MAY BE AMENDED FROM TIME TO TIME.
  B. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION A  OF  THIS  SECTION,
THE  provisions  of  this article shall not apply to the [operation of a
motor truck or motor bus while being  operated  exclusively  in  a  city
and/or  incorporated  village, nor to the] operation of a motor truck IN
INTRASTATE COMMERCE owned by a farmer and  operated  by  himself  or  an
employee  when  used  in  the  hauling  of farm, dairy, or horticultural
products and farm supplies for himself or his farm neighbors to  market,
creamery,  or  place  of  storage[, nor to the operation of wrecking and
towing cars], nor to the [operation of  federal  military  vehicles,  by
members  of the army or air national guard, or by federally paid employ-
ees of the army or air national guard.
  d. The provisions of this article shall not apply nor shall  hours  of
service  accrue  to incidental drivers engaged in the actual restoration
or preservation of electric, water,  telephone,  gas  or  steam  service

S. 6258--D                         17                         A. 9058--D

during  an emergency. For a corporation providing electric, water, tele-
phone, gas or steam service to avail itself of the exemption provided by
this subdivision such electric, water, telephone, gas  or  steam  corpo-
ration  shall  have  filed  with the department a plan setting forth the
procedures such corporation shall follow in emergencies to  assure  that
no  incidental  driver shall drive if such driver has not had sufficient
rest necessary to maintain his or  her  ability  to  safely  drive.  The
exemption  provided by this subdivision shall not apply to an incidental
driver unless such incidental driver is engaged in the  actual  restora-
tion or preservation of electric, water, telephone, gas or steam service
during an emergency or such incidental driver shall have had a period of
rest consisting of at least eight consecutive hours off duty immediately
upon the conclusion of such incidental driver's engagement in the actual
restoration  or preservation of electric, water, telephone, gas or steam
service during the emergency. If an  emergency  extends  for  more  than
twenty-four  hours,  the electric, water, telephone, gas or steam corpo-
ration availing itself of the terms of this subdivision shall notify the
department, in writing, that an emergency exists and the expected  dura-
tion of the emergency. For the purposes of this subdivision, the follow-
ing terms shall have the following meanings:
  (1)  "Emergency"  is hereby declared to be any unplanned power outage,
interruption of service or the imminent risk of such  outage  or  inter-
ruption  of  service to electric, water, telephone, gas or steam service
or to transmission or distribution lines, pipes or other related facili-
ties or any circumstance under which the public safety is at risk;
  (2) "Incidental driver" means an employee, contractor or  contractor's
employee  of  an  electric,  water,  telephone, gas or steam corporation
whose primary employment by, or contractual agreement with, such  corpo-
ration  is  not as a driver of a motor vehicle but who drives only as an
incidental part of his or her employment or contractual agreement; and
  (3) "Interruption of service" shall mean a loss of service for a peri-
od of time defined in regulation by the department of public service for
electric service (as set forth in paragraph (a) of section 97.1 of title
sixteen of the official compilation of codes, rules and  regulations  of
the state of New York) and shall, for purposes of this section, apply to
electric,  water, telephone, natural gas and steam service] OPERATION OF
TOW TRUCKS IN  INTRASTATE  COMMERCE  WHILE  RESPONDING  TO  REQUESTS  TO
PROVIDE  ROADSIDE  SERVICE  OR TO REMOVE WRECKED, DISABLED, ABANDONED OR
ILLEGALLY PARKED MOTOR VEHICLES.
  C. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY NOR SHALL  HOURS  OF
SERVICE ACCRUE TO A DRIVER OF A UTILITY SERVICE VEHICLE. FOR PURPOSES OF
THIS ARTICLE, UTILITY SERVICE VEHICLE MEANS ANY MOTOR TRUCK:
  (1)  USED  IN  THE FURTHERANCE OF REPAIRING, MAINTAINING, OR OPERATING
ANY STRUCTURES OR ANY OTHER PHYSICAL FACILITIES NECESSARY FOR THE DELIV-
ERY OF PUBLIC UTILITY SERVICES, INCLUDING THE  FURNISHING  OF  ELECTRIC,
GAS  OR  STEAM SERVICE, WATER, SANITARY SEWER, TELEPHONE, AND TELEVISION
CABLE OR COMMUNITY ANTENNA SERVICE;
  (2) WHILE ENGAGED IN ANY ACTIVITY NECESSARILY RELATED TO THE  ULTIMATE
DELIVERY  OF SUCH PUBLIC UTILITY SERVICES TO CONSUMERS, INCLUDING TRAVEL
OR MOVEMENT TO, FROM, UPON, OR BETWEEN ACTIVITY SITES  (INCLUDING  OCCA-
SIONAL  TRAVEL  OR MOVEMENT OUTSIDE THE SERVICE AREA NECESSITATED BY ANY
UTILITY EMERGENCY AS DETERMINED BY THE UTILITY PROVIDER); AND
  (3) EXCEPT FOR ANY OCCASIONAL EMERGENCY USE, OPERATED PRIMARILY WITHIN
THE SERVICE AREA OF A UTILITY'S SUBSCRIBERS OR CONSUMERS, WITHOUT REGARD
TO WHETHER THE VEHICLE IS OWNED, LEASED, OR RENTED BY THE UTILITY.

S. 6258--D                         18                         A. 9058--D

  S 13. Paragraph (a) of subdivision 1 of section 14-f of the  transpor-
tation law, as added by chapter 963 of the laws of 1981, subparagraphs 7
and  8 as amended and subparagraphs 9, 10 and 11 as added by chapter 186
of the laws of 1987, subparagraph  9  as  amended  by  chapter  180  and
subparagraph  12  as  amended by chapter 190 of the laws of 1989 and the
second undesignated paragraph as amended by chapter 402 of the  laws  of
1993, is amended to read as follows:
  (a) Have the power to make rules and regulations governing transporta-
tion of hazardous materials, which shall mean a substance or material in
a  quantity  and  form which may pose an unreasonable risk to health and
safety or property when transported in commerce, by all modes AS DEFINED
BY THE RULES AND REGULATIONS OF THE DEPARTMENT. [For  purposes  of  this
section, the term "hazardous materials" shall include the following:
  (1) "Irritating material" which shall mean a liquid or solid substance
which  upon contact with fire or when exposed to air gives off dangerous
or intensely irritating fumes such as  benzylcyande,  chloracetophenone,
diphenylaminechlorarsine,  and  diphenyl  chlorarsine, but not including
any poisonous material, Class A;
  (2) "Poison A" which shall mean those poisonous gases  or  liquids  of
such  nature  that  a  small  amount  of the gas, liquid or vapor of the
liquid, when in contact with air is  dangerous  to  life.    This  class
includes   the   following:  bromacetone,  cyanogen,  cyanogen  chloride
containing less than 0.9 percent water, diphosgene,  ethyldichlorarsine,
hydrocyanic  acid,  methyldichlorarsine,  nitrogen peroxide (tetroxide),
phosgene  (diphosgene),  nitrogen  tetroxide  -  nitric  oxide  mixtures
containing up to 33.2 percent weight nitric oxide;
  (3)  "Poison  B"  which  shall  mean those substances, liquid or solid
(including pastes and semi-solids), other than Class A poisons or  irri-
tating  materials,  which  are known to be so toxic as to be a hazard to
health;
  (4) "Corrosive materials" which shall mean those acids, alkaline caus-
tic liquids and other corrosive liquids or solids which when in  contact
with  living tissue, will cause severe damage of such tissue by chemical
action; or in the case of leakage, will  materially  damage  or  destroy
other  freight  by  chemical action; or are liable to cause fire when in
contact with organic matter or with certain chemicals that cause visible
destruction or irreversible alteration in human skin tissue at the  site
of contact;
  (5)  "Oxidizing materials" which shall mean those substances such as a
chlorate, permanganate, peroxide, or a nitrate, that yields oxygen read-
ily to stimulate the combustion of organic matter;
  (6) "Flammable solids" which shall mean any solid material, other than
one designated an explosive, as further defined in this  section,  which
under  conditions  incident to transportation, cause fires through fric-
tion, through  absorption  of  moisture,  through  spontaneous  chemical
changes, or as a result of retained heat from the manufacturing or proc-
essing.    Included  in  this  class  are  spontaneously combustible and
water-reactive materials;
  (7) "Flammable liquids" which shall mean any liquid, except any liquid
meeting the definition of subparagraph nine, ten or eleven of this para-
graph, which gives off flammable  vapors  below  a  temperature  of  one
hundred degrees Fahrenheit;
  (8)  "Radioactive materials" which shall mean irradiated nuclear reac-
tor fuel and the waste by-products  of  reprocessed  irradiated  nuclear
reactor  fuel  and  any  other material or combination of materials that
spontaneously emits ionizing radiation which the commissioner of  trans-

S. 6258--D                         19                         A. 9058--D

portation  determines  by  regulation  to  present significant potential
threat to public health and safety;
  (9)  "Liquefied  compressed  gas"  which  shall  mean  a gas liquefied
through compression and under charged pressure is partially liquid at  a
temperature of seventy degrees Fahrenheit;
  (9)  "Regulated  medical  waste" which shall be defined as provided in
subdivision one of section 27-1501  of  the  environmental  conservation
law.
  (10)  "Cryogenic liquid" which shall mean a refrigerated liquefied gas
having a boiling point colder than  minus  one  hundred  thirty  degrees
Fahrenheit (minus ninety degrees centigrade) at one atmosphere absolute;
  (11)  "Flammable  compressed  gas"  which  shall  mean any material or
mixture having in the container an  absolute  pressure  exceeding  forty
p.s.i.  at seventy degrees Fahrenheit, or, regardless of the pressure at
seventy degrees Fahrenheit, having an absolute  pressure  exceeding  one
hundred  four  p.s.i.  at  one hundred thirty degrees Fahrenheit, or any
liquid flammable material having a vapor pressure exceeding forty p.s.i.
absolute at one hundred degrees Fahrenheit as determined  by  ASTM  test
D-323, if any one of the following occurs:
  (i) either a mixture of thirteen percent or less, (by volume) with air
forms  a flammable mixture or the flammable range with air is wider than
twelve percent regardless of the lower  limit.  These  limits  shall  be
determined at atmospheric temperature and pressure;
  (ii) using the bureau of explosives, association of American railroads
flame projection apparatus, the flame projects more than eighteen inches
beyond  the ignition source with valve open fully, or, the flame flashes
back and burns at the valve with any degree of valve opening;
  (iii) using the bureau of explosives, association  of  American  rail-
roads open drum apparatus, there is any significant propagation of flame
away from the ignition source;
  (iv) using the bureau of explosives, association of American railroads
close drum apparatus, there is any explosion of the vapor-air mixture in
the drum; and
  (12)  Other  identical  or similar substances which shall from time to
time be identified by the commissioner of transportation  by  rules  and
regulations  promulgated  pursuant  to  this  section as being hazardous
materials, provided, however, that this section shall not apply  to  the
regular  military  or naval forces of the United States; nor to the duly
authorized militia of any state or territory thereof; nor to the  police
or  fire  departments  of this state, or of its counties, cities, towns,
villages, agencies or instrumentalities, providing the same  are  acting
within their official capacity and in the performance of their duties.]
  Such rules and regulations shall be no less protective of public safe-
ty  than the rules and regulations promulgated by the federal government
with respect to the transportation of  hazardous  materials.  The  regu-
lations  shall set forth the criteria for identifying and listing, and a
list of hazardous materials subject to this section as may be amended by
the commissioner of  transportation  from  time  to  time  in  a  manner
consistent  with  the  state administrative procedure act and consistent
with [this section] THOSE SUBSTANCES AND  MATERIALS  DESIGNATED  BY  THE
UNITED  STATES  SECRETARY  OF  TRANSPORTATION AS HAZARDOUS UNDER SECTION
5103 OF TITLE 49 OF THE UNITED STATES CODE AS AMENDED FROM TIME TO TIME,
INCLUDING THOSE DESIGNATED AS HAZARDOUS IN THE HAZARDOUS MATERIALS TABLE
SET FORTH IN SECTION 172.101 AND MATERIALS THAT MEET THE DEFINING CRITE-
RIA FOR HAZARD CLASSES AND DIVISIONS IN PART  173  OF  SUBCHAPTER  C  OF
TITLE  49  OF  THE  CODE  OF FEDERAL REGULATIONS AS AMENDED FROM TIME TO

S. 6258--D                         20                         A. 9058--D

TIME. Such regulations shall  include  specifications  for  marking  and
placarding  of  vehicles  transporting  hazardous  materials  as will be
applied pursuant to paragraph (a) of subdivision three of this  section.
The  regulations  promulgated  hereunder  shall  include  notice  that a
violation of the rules and regulations is subject to a fine or a  period
of  imprisonment,  and  the  rules  and  regulations shall set forth the
penalty provisions  contained  in  subdivision  four  of  this  section.
Provided,  however,  that  all local laws or ordinances, except those of
cities having a population of one million or more, regulating the trans-
portation of flammable liquids in trucks, trailers or semi-trailers, are
hereby superseded and without force and hereafter no such local  law  or
ordinance shall be adopted to regulate or control the equipment or means
of transporting flammable liquids in trucks, trailers or semi-trailers.
  For  the purposes of this section, a "vehicle" shall mean every device
in which property may be transported upon a highway, stationary rails or
tracks, or on the navigable waterways of the state.
  S 14. Subdivision 3 of section 14-g  of  the  transportation  law,  as
amended  by  chapter  921  of  the  laws  of 1983, is amended to read as
follows:
  3. For the purposes of this section, the term "intercity bus passenger
service" shall mean transportation provided to the public on  a  regular
and  continuing  basis  by  a person, firm, or corporation authorized to
transport passengers in interstate commerce by the [interstate  commerce
commission]  UNITED STATES DEPARTMENT OF TRANSPORTATION or in intrastate
commerce by the state department of  transportation  that  is  primarily
intended  to  satisfy  longer distance travel demand between cities, and
villages and unincorporated urban places that have a population  of  two
thousand  five hundred or more. Such term does not include services that
are primarily local or commuter oriented in nature.
  S 15. Subdivisions 1-a, 1-b and 2 of section 18 of the  transportation
law,  as amended by chapter 199 of the laws of 1987, are amended to read
as follows:
  1-a. The department of transportation is hereby designated  the  offi-
cial  state agency to receive all notifications from the [federal inter-
state commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or
any other federal or state agency in regard to discontinuance of service
or railroad property abandonment proceedings, including notification  of
applications from railroad companies for any such purposes.
  1-b. The department of transportation shall promptly inform in writing
all  interested  state  agencies,  transportation authorities, and every
county, city, town and village in which such property is located and the
appropriate entity designated by the governor pursuant to  title  IV  of
the  federal  intergovernmental  cooperation  act  of  nineteen  hundred
sixty-eight and the federal office of  management  and  budget  circular
A-98 of (a) the issuance of any certificate from the [federal interstate
commerce commission] UNITED STATES DEPARTMENT OF TRANSPORTATION or other
federal  or  state agency authorizing discontinuance of railroad service
or abandonment of railroad  transportation  property,  (b)  approval  of
discontinuance  of service or a determination of abandonment of railroad
transportation property pursuant to this section, and (c) the receipt of
an application to release a preferential acquisition right  to  railroad
transportation property pursuant to this section.
  2.  For  the  purposes of this section, property shall be deemed to be
abandoned for railroad transportation purposes (a) when, where  required
by law, a certificate of abandonment of the railroad line situate there-
on has been issued by the [interstate commerce commission] UNITED STATES

S. 6258--D                         21                         A. 9058--D

DEPARTMENT  OF  TRANSPORTATION  and/or any other federal or state agency
having jurisdiction thereof; or (b) when such a certificate of  abandon-
ment is not so required and the use of such property for railroad trans-
portation  purposes has been discontinued with the intent not to resume.
Intent not to resume may be inferred from circumstances. Non-use of  the
property  for railroad transportation purposes for two consecutive years
shall create a presumption of abandonment.   When use of  such  property
for  railroad  transportation  purposes  has  been discontinued and upon
request of the property owner or his own motion, the commissioner  shall
undertake  an investigation thereof, which may include consultation with
the [interstate commerce commission] UNITED STATES DEPARTMENT OF  TRANS-
PORTATION, and shall render a determination as to whether or not (a) the
property  owner  has  definite  plans  for  the use of such property for
purposes ordinarily associated with the safe and normal operation  of  a
railroad  or  associated  transportation  purposes;  (b)  such  property
continues to be suitable for such railroad transportation purposes;  and
(c)  such  property is necessary, either presently or in the future, for
such railroad transportation purposes.  Such property shall be deemed to
be abandoned for railroad transportation purposes  if  the  commissioner
shall  determine  that  (a) the property owner has no definite plans for
the use of such property for purposes  ordinarily  associated  with  the
safe  and  normal  operation  of a railroad or associated transportation
purposes; or (b) such property is no longer suitable for  such  railroad
transportation  purposes; and (c) such property is not necessary, either
presently or in the future, for such railroad  transportation  purposes.
The  commissioner  shall  render  such  determination within ninety days
after the commencement of  such  investigation  and  such  determination
shall  be conclusive except that if the property is determined not to be
so abandoned such determination shall not preclude the undertaking of  a
subsequent  investigation  concerning  the same property. Sales of aban-
doned railroad transportation property for  continued  or  resumed  rail
transportation use may be exempted at the commissioner's discretion from
the  preferential  right of acquisition. This section shall not apply to
the subsequent resale of  property  lawfully  acquired  subject  to  the
provisions  of  this  section as then applicable, except when the subse-
quent sale involves property previously exempted from  this  section  by
the commissioner.
  S 16. Section 98 of the transportation law, as added by chapter 267 of
the laws of 1970, is amended to read as follows:
  S 98. Tariff  schedules;  publication. Every common carrier shall file
with the commissioner and shall print and keep open to public inspection
schedules showing the rates, fares and charges for the transportation of
passengers and property within the state between  each  point  upon  its
route  and  all  other  points  thereon; and between each point upon its
route and all points upon every route leased, operated or controlled  by
it;  and between each point on its route or upon any route leased, oper-
ated or controlled by it and all points upon  the  route  of  any  other
common  carrier, whenever a through route and joint rate shall have been
established or ordered between any two such points.  If  no  joint  rate
over  a through route has been established, the several carriers in such
through route shall file, print and keep open to public  inspection,  as
aforesaid,  the  separately established rates, fares and charges applied
to the through transportation. The schedules printed as aforesaid  shall
plainly  state  the places between which property and passengers will be
carried, and shall also contain  the  classification  of  passengers  or
property in force, and shall also state separately all terminal charges,

S. 6258--D                         22                         A. 9058--D

storage  charges, icing charges, and all other charges which the commis-
sioner may require to be stated, all privileges or facilities granted or
allowed, and any rules or  regulations  which  may  in  anywise  change,
affect or determine any part, or the aggregate of, such aforesaid rates,
fares  and  charges, or the value of the service rendered to the passen-
ger, shipper or consignee. Such schedules shall be  plainly  printed  in
large type, and a copy thereof shall be kept by every such carrier read-
ily  accessible  to and for convenient inspection by the public in every
station or office of such  carrier  where  passengers  or  property  are
respectively received for transportation, when such station or office is
in  charge  of  an agent, and in every station or office of such carrier
where passenger tickets for transportation or tickets covering  sleeping
or  parlor  car or other train accommodation are sold or bills of lading
or receipts for property are issued. All or any of such  schedules  kept
as   aforesaid  shall  be  immediately  produced  by  such  carrier  for
inspection upon the demand of any person. A notice printed in bold  type
and  stating  that such schedules are on file with the agent and open to
inspection by any person and that the agent will assist any such  person
to  determine  from  such schedules any transportation rates or fares or
rules or regulations which are in force shall  be  kept  posted  by  the
carrier  in  two  public and conspicuous places in every such station or
office. The form of every such  schedule  shall  be  prescribed  by  the
commissioner and shall conform in the case of railroad company as nearly
as  may  be to the form of schedule required by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION under the act  of
congress  entitled  "An  act  to  regulate  commerce," approved February
fourth, eighteen hundred and eighty-seven and the acts amendatory there-
of and supplementary thereto. The commissioner shall  have  power,  from
time  to  time,  in  his discretion, to determine and prescribe by order
such changes in the form of such schedules as may  be  found  expedient,
and to modify the requirements of this section in respect to publishing,
posting  and  filing  of  schedules either in particular instances or by
general order applicable to special or peculiar circumstances or  condi-
tions.
  S  17.  Section 126 of the transportation law, as added by chapter 267
of the laws of 1970, is amended to read as follows:
  S 126. Uniform system of accounts; access  to  accounts;  forfeitures.
The commissioner may, whenever he deems advisable, establish a system of
accounts  to  be used by common carriers which are subject to his super-
vision, or may classify the said carriers  and  prescribe  a  system  of
accounts  for  each  class,  and  may prescribe the manner in which such
accounts shall be kept. He may also  in  his  discretion  prescribe  the
forms  of  accounts,  records and memoranda to be kept by such carriers,
including the accounts, records and memoranda of the movement of traffic
as well as the receipts and expenditures of  moneys.  Notice  of  alter-
ations  by  the commissioner in the required method or form of keeping a
system of accounts shall be given to such persons  or  carriers  by  the
commissioner at least six months before the same are to take effect. The
system  of  accounts  established  by  the commissioner and the forms of
accounts, records and memoranda prescribed  by  him  as  provided  above
shall  conform  in the case of railroad companies as nearly as may be to
those from time to time established and prescribed  by  the  [interstate
commerce  commission]  UNITED  STATES DEPARTMENT OF TRANSPORTATION under
the provisions of the act of  congress  entitled  "An  act  to  regulate
commerce"  approved  February fourth, eighteen hundred eighty-seven, and
the acts amendatory thereof or supplementary thereto.  The  commissioner

S. 6258--D                         23                         A. 9058--D

shall  at  all  times have access to all accounts, records and memoranda
kept by common carriers and may designate any officers or  employees  of
the department who shall thereupon have authority under the order of the
commissioner  to  inspect  and examine any and all accounts, records and
memoranda kept by such carriers. The commissioner  may,  after  hearing,
prescribe by order the accounts in which particular outlays and receipts
shall be entered, charged or credited. At any such hearing the burden of
proof shall be on the common carrier to establish the correctness of the
accounts  in  which such outlays and receipts have been entered, and the
commissioner may suspend a charge or credit pending submission of  proof
by  such  carrier.    Where the commissioner has prescribed the forms of
accounts, records and memoranda to be kept by such carriers it shall  be
unlawful  for them to keep any other accounts, records or memoranda than
those so prescribed, or those prescribed by or under  authority  of  the
United States.
  S  18.  Section 134 of the transportation law, as added by chapter 267
of the laws of 1970, is amended to read as follows:
  S 134. Duties of commissioner as to interstate  traffic.  The  commis-
sioner  may  investigate interstate freight or passenger rates or inter-
state freight or passenger service on railroads within  the  state,  and
when  such  rates  are, in the opinion of the commissioner, excessive or
discriminatory or are levied or laid in violation of the act of congress
entitled "An act to regulate commerce," approved February fourth,  eigh-
teen  hundred  and  eighty-seven,  and  the  acts amendatory thereof and
supplementary thereto, or in conflict with the rulings, orders or  regu-
lations of the [interstate commerce commission] UNITED STATES DEPARTMENT
OF TRANSPORTATION, the commissioner may apply by petition to the [inter-
state  commerce  commission]  UNITED STATES DEPARTMENT OF TRANSPORTATION
for relief or may present to the [interstate commerce commission] UNITED
STATES DEPARTMENT OF TRANSPORTATION all facts coming to  his  knowledge,
as  to violations of the rulings, orders, or regulations of that commis-
sion or as to violations of the said act to regulate  commerce  or  acts
amendatory thereof or supplementary thereto.
  S  19. The opening paragraph of section 432 of the transportation law,
as amended by chapter 385 of the laws of 1994 and as further amended  by
section  1  of  part  W of chapter 56 of the laws of 2010, is amended to
read as follows:
  The level of railroad participation in  the  program  for  the  period
nineteen  hundred eighty-seven through nineteen hundred ninety-one shall
depend on the estimated tax abatement as computed by the commissioner of
taxation and finance pursuant to either subdivision (c) of section  four
hundred  eighty-nine-j or subdivision (c) of section four hundred eight-
y-nine-hh of the real property tax law. The nature of  railroad  partic-
ipation  in the program, as set forth below, shall be based on the rail-
road's economic or exemption factor under title two-A and title two-B of
article four of the real property tax law, as applicable, and the  rail-
road's  size  classification  as  determined by the [interstate commerce
commission] UNITED STATES DEPARTMENT OF TRANSPORTATION, based  on  rail-
road  system  gross  revenues.  Regardless of the level of their partic-
ipation, all railroads shall annually certify to the  commissioner  that
to the best of their knowledge and belief such railroads are in substan-
tial  compliance with the terms and conditions of any contracts they may
have with the department.
  S 20. The opening paragraph of subdivision 1 of section  1690  of  the
vehicle  and traffic law, as amended by chapter 420 of the laws of 2001,
is amended to read as follows:

S. 6258--D                         24                         A. 9058--D

  Notwithstanding any other provision of law, where the trial of a traf-
fic or parking infraction is authorized or required to be  tried  before
the  Nassau  county district court, and such traffic and parking infrac-
tion does not constitute a misdemeanor, felony, violation of subdivision
one  of  section  eleven hundred ninety-two, subdivision five of section
eleven hundred ninety-two,  section  three  hundred  ninety-seven-a,  or
subdivision  (g)  of section eleven hundred eighty of this chapter, or a
violation of paragraph (b) of subdivision four of section fourteen-f  or
clause  (b)  of subparagraph (iii) of paragraph [d] C of subdivision two
of section one hundred forty of the transportation law, or  any  offense
that  is  part of the same criminal transaction, as that term is defined
in subdivision two of section 40.10 of the criminal  procedure  law,  as
such  a  misdemeanor,  felony,  violation  of subdivision one of section
eleven hundred ninety-two, subdivision two  of  section  eleven  hundred
ninety-two,  section  three hundred ninety-seven-a or subdivision (g) of
section eleven hundred eighty of this chapter, or a violation  of  para-
graph  (b)  of  subdivision  four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph d of  subdivision  two  of  section  one
hundred forty of the transportation law, the administrative judge of the
county  in which the trial court is located, may assign judicial hearing
officers to conduct such a trial. Such judicial hearing  officers  shall
be  village  court justices or retired judges either of which shall have
at least two years of experience conducting trials of traffic and  park-
ing  violations  cases  and  shall  be  admitted to practice law in this
state. Where such assignment is made, the judicial hearing officer shall
entertain the case in the same manner as a court and shall:
  S 21. Subdivision 2 of section 371 of the general  municipal  law,  as
amended  by  chapter  19  of  the  laws  of  2009, is amended to read as
follows:
  2. The Nassau county traffic and parking violations agency, as  estab-
lished,  may be authorized to assist the Nassau county district court in
the disposition and administration of infractions of traffic and parking
laws, ordinances, rules and regulations and the liability of owners  for
violations  of  subdivision  (d) of section eleven hundred eleven of the
vehicle and traffic  law  in  accordance  with  section  eleven  hundred
eleven-b  of  such law, except that such agency shall not have jurisdic-
tion over (a) the traffic infraction defined under  subdivision  one  of
section  eleven  hundred  ninety-two of the vehicle and traffic law; (b)
the traffic infraction defined under subdivision five of section  eleven
hundred  ninety-two  of  the  vehicle and traffic law; (c) the violation
defined under paragraph (b) of subdivision four of section fourteen-f of
the transportation law and the violation defined  under  clause  (b)  of
subparagraph  (iii) of paragraph [d] C of subdivision two of section one
hundred forty of the transportation  law;  (d)  the  traffic  infraction
defined  under  section  three hundred ninety-seven-a of the vehicle and
traffic law and the traffic infraction defined under subdivision (g)  of
section  eleven  hundred  eighty of the vehicle and traffic law; (e) any
misdemeanor or felony; or (f) any offense that is part of the same crim-
inal transaction, as that term is defined in subdivision two of  section
40.10  of  the criminal procedure law, as a violation of subdivision one
of section eleven hundred ninety-two of the vehicle and traffic  law,  a
violation  of  subdivision  five of section eleven hundred ninety-two of
the vehicle and traffic law, a violation of paragraph (b) of subdivision
four of section fourteen-f of the transportation  law,  a  violation  of
clause  (b)  of  subparagraph (iii) of paragraph d of subdivision two of
section one hundred forty of the  transportation  law,  a  violation  of

S. 6258--D                         25                         A. 9058--D

section  three  hundred ninety-seven-a of the vehicle and traffic law, a
violation of subdivision (g) of section eleven  hundred  eighty  of  the
vehicle and traffic law or any misdemeanor or felony.
  S  22. Subdivision 1 of section 27-1321 of the environmental conserva-
tion law, as added by chapter 915 of the laws of  1983,  is  amended  to
read as follows:
  1.  Notwithstanding  any  other  provision of law to the contrary, any
person who is, by professional training or  experience  and  attainment,
qualified  to analyze and interpret matters pertaining to the treatment,
storage, disposal, or transport  of  hazardous  materials  or  hazardous
wastes,  and who voluntarily and without expectation of monetary compen-
sation provides assistance or advice in mitigating  the  effects  of  an
accidental or threatened discharge of any hazardous materials or hazard-
ous  wastes,  or  in  preventing,  cleaning up, or disposing of any such
discharge, shall not be subject to a penalty or to civil  liability  for
damages  or  injuries  alleged  to  have been sustained by any person or
entity by reason of an act or omission in the giving of such  assistance
or advice. For the purposes of this section, the term "hazardous materi-
als"  shall  have  the same meaning [given] AS that term [in subdivision
one of] IS DEFINED IN REGULATIONS PROMULGATED  BY  THE  COMMISSIONER  OF
TRANSPORTATION PURSUANT TO section fourteen-f of the transportation law,
and  the  term  "hazardous wastes" shall mean those wastes identified or
listed pursuant to section 27-0903 of this article  and  any  rules  and
regulations promulgated thereunder.
  S  23. Subdivision 1 of section 156-a of the executive law, as amended
by section 1 of part D of chapter 1 of the laws of 2004, is  amended  to
read as follows:
  1.  The  state  fire  administrator  shall[, in his or her discretion,
consult with the fire fighting and code enforcement personnel  standards
and  education  commission  established  pursuant to section one hundred
fifty-nine-a of this article,  to]  establish  a  specialized  hazardous
materials  emergency response training program for individuals responsi-
ble  for  providing  emergency  response  recovery  following  incidents
involving  hazardous  materials  as  SUCH TERM IS defined in [accordance
with] REGULATIONS PROMULGATED  BY  THE  COMMISSIONER  OF  TRANSPORTATION
PURSUANT TO section fourteen-f of the transportation law. The state fire
administrator  shall  inform  all fire companies, municipal corporations
and districts, including agencies and departments thereof and all  fire-
fighters,  both  paid  and volunteer, and related officers and employees
and police officers  of  the  implementation  and  availability  of  the
hazardous  materials  emergency  response  training  program  and shall,
subject to the availability of an appropriation, conduct  such  training
with  sufficient  frequency  to  assure  adequate  response to incidents
involving hazardous  materials  and  protection  of  responders  in  all
geographic areas of the state.
  S  24.  This act shall take effect immediately; provided, however that
the amendments to subdivision 2 of section 371 of the general  municipal
law, made by section twenty-one of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith.

                                 PART H

  Section  1.  Subdivisions  1  and 2 of section 11-0515 of the environ-
mental conservation law, as amended by chapter 528 of the laws of  1986,
are amended to read as follows:

S. 6258--D                         26                         A. 9058--D

  1.  The  department may issue to any person a license revocable at its
pleasure to collect or possess fish, wildlife, shellfish, crustacea,  OR
aquatic  insects,  birds' nests or eggs for propagation, banding, scien-
tific or exhibition purposes.  The  department  in  its  discretion  may
require  an  applicant  to  pay a license fee of ten dollars, [to submit
written testimonials from two well-known persons] and to file a bond  of
two hundred dollars to be approved by the department that he OR SHE will
not  violate  any  provisions  of this article. Each licensee shall file
with the department [on or before February 1] a  report  [of  his  oper-
ations  during  the preceding calendar year] CONTAINING SUCH INFORMATION
AS THE DEPARTMENT MAY REQUIRE. Such license shall  be  [effective  until
revoked] IN FORCE FOR ONE YEAR ONLY AND SHALL NOT BE TRANSFERABLE.
  2.  The  department may also issue a license revocable at its pleasure
to possess and sell protected fish, wildlife,  shellfish,  crustacea  or
aquatic insects for propagation, scientific or exhibition purposes.  The
department  in  its discretion may require a license fee of ten dollars.
Such license shall be in force for one year only and shall not be trans-
ferable. Each licensee shall [make] FILE WITH THE  DEPARTMENT  a  report
[of  his  or her operations at the expiration of the license] CONTAINING
SUCH INFORMATION AS THE DEPARTMENT MAY REQUIRE. Fish, wildlife,  shellf-
ish,  crustacea or aquatic insects lawfully possessed under this section
may be sold at any time by the licensee for propagation,  scientific  or
exhibition purposes only.
  S  2.  Subdivision 1 of section 11-0521 of the environmental conserva-
tion law, as amended by chapter 600 of the laws of 1993, is  amended  to
read as follows:
  1.  The  department may direct any environmental conservation officer,
or issue a permit to any person, to take any wildlife at any time  when-
ever it becomes a nuisance, destructive to public or private property or
a threat to public health or welfare, provided, however, that where such
wildlife  is a bear, no such permit shall be issued except upon proof of
damage to such property or threat to public health or  safety  presented
to  the  department. Upon presentation of such proof, the department may
issue a permit authorizing the use of trained tracking dogs pursuant  to
section  11-0928  of this article, and, if the department has determined
that no other alternative is feasible, a separate  permit  to  take  the
bear.  Wildlife  so  taken  shall  be  disposed of as the department may
direct.  ANY PERSON, AGENCY, CORPORATION OR MUNICIPALITY WHO  OBTAINS  A
MIGRATORY BIRD DEPREDATION PERMIT OR ORDER ISSUED BY THE FEDERAL DEPART-
MENT  OF  THE INTERIOR PURSUANT TO 50 C.F.R. 13 AND 50 C.F.R. 21, AS MAY
BE AMENDED FROM TIME TO TIME, SHALL NOT BE REQUIRED TO OBTAIN  A  PERMIT
FROM THE DEPARTMENT TO CONDUCT THE AUTHORIZED ACTIVITIES.
  S  3.  Subdivisions  6  and  9 of section 11-0523 of the environmental
conservation law, subdivision 6 as added by chapter 911 of the  laws  of
1990  and  subdivision  9 as amended by chapter 114 of the laws of 1981,
are amended to read as follows:
  6. Raccoons, MUSKRATS, coyotes or fox injuring private property may be
taken by the owner, occupant or lessee thereof, or an employee or family
member of such owner, occupant or lessee, at any time in any manner.
  9. Varying hares, cottontail rabbits,  skunks,  black,  grey  and  fox
squirrels,  raccoons,  MUSKRATS,  opossums  or weasels taken pursuant to
this section in the closed season  or  in  a  manner  not  permitted  by
section 11-0901 shall be immediately buried or cremated. No person shall
possess or traffic in such skunks or raccoons or the pelts thereof or in
such varying hares or cottontail rabbits or the flesh thereof.

S. 6258--D                         27                         A. 9058--D

  S  4.  Subdivision 4 of section 11-0524 of the environmental conserva-
tion law, as added by chapter 265 of the laws of  2002,  is  amended  to
read as follows:
  4.  The  fee for a nuisance wildlife control operator license shall be
fifty dollars paid annually to be deposited  in  the  conservation  fund
established  pursuant  to section eighty-three of the state finance law,
PROVIDED, HOWEVER, THAT A MUNICIPALITY SHALL NOT BE SUBJECT TO THIS FEE.
  S 5. Subdivisions 3 and 4 of  section  11-0927  of  the  environmental
conservation law are amended to read as follows:
  3. Wild game shall not be taken by shooting or otherwise killed in the
course  of  a field trial. Other game on which a field trial may be held
as provided in this section may be taken by shooting in the course of  a
field  trial, except a field trial held on a licensed dog training area,
provided a license for such shooting has been procured from the  depart-
ment. Game so taken shall be immediately [tagged for identification with
seals,  to  be supplied to the licensee] IDENTIFIED ON FORMS PROVIDED by
the department [at the price of five cents each, and  such  seals  shall
not be removed] until the game is finally prepared for consumption.
  4.  Game  so [tagged] IDENTIFIED may be possessed, transported, bought
and sold at any time, without limitation  by  section  11-0917  OF  THIS
ARTICLE.
  S  6.  Subdivision 2 of section 11-0931 of the environmental conserva-
tion law, as amended by chapter 483 of the laws of 2010, is  amended  to
read as follows:
  2. No firearm or crossbow except a pistol or revolver shall be carried
or  possessed  in  or  on  a  motor vehicle unless it is unloaded, for a
firearm in both the chamber and  the  magazine,  except  that  a  loaded
firearm which may be legally used for taking migratory game birds may be
carried  or possessed in a motorboat while being legally used in hunting
migratory game birds, and no person except a law enforcement officer  in
the  performance  of  his  official duties shall, while in or on a motor
vehicle, use a jacklight, spotlight or other artificial light upon lands
inhabited by deer if he is in possession or is accompanied by  a  person
who is in possession, at the time of such use, of a longbow, crossbow or
a  firearm  of any kind except a pistol or revolver, unless such longbow
is unstrung or such firearm  or  crossbow  is  taken  down  or  securely
fastened  in  a case or locked in the trunk of the vehicle. For purposes
of this subdivision, motor vehicle shall mean  every  vehicle  or  other
device  operated  by  any power other than muscle power, and which shall
include but not be limited to automobiles,  trucks,  motorcycles,  trac-
tors,  trailers  and  motorboats, snowmobiles and snowtravelers, whether
operated on or off public highways. Notwithstanding  the  provisions  of
this subdivision, the department may issue a permit to any person who is
non-ambulatory,  except  with  the use of a mechanized aid, to possess a
loaded firearm in or on a motor vehicle  as  defined  in  this  section,
subject to such restrictions as the department may deem necessary in the
interest  of public safety[, and for a fee of five dollars].  Nothing in
this section permits the possession of a pistol or a  revolver  contrary
to the penal law.
  S  7.  Subdivision 2 of section 11-0931 of the environmental conserva-
tion law, as amended by section 50 of part F of chapter 82 of  the  laws
of 2002, is amended to read as follows:
  2.  No  firearm  except  a  pistol  or  revolver  shall  be carried or
possessed in or on a motor vehicle unless it is  unloaded  in  both  the
chamber  and  the  magazine,  except  that a loaded firearm which may be
legally used for taking migratory game birds may be carried or possessed

S. 6258--D                         28                         A. 9058--D

in a motorboat while being legally used in hunting migratory game birds,
and no person except a law enforcement officer in the performance of his
official duties shall, while in or on a motor vehicle, use a  jacklight,
spotlight  or  other artificial light upon lands inhabited by deer if he
is in possession or is accompanied by a person who is in possession,  at
the  time  of  such use, of a longbow, crossbow or a firearm of any kind
except a pistol or revolver, unless such longbow  is  unstrung  or  such
firearm  is  taken  down or securely fastened in a case or locked in the
trunk of the vehicle. For purposes of this  subdivision,  motor  vehicle
shall  mean  every  vehicle  or other device operated by any power other
than muscle power, and which shall include but not be limited to automo-
biles, trucks, motorcycles, tractors, trailers and  motorboats,  snowmo-
biles  and  snowtravelers,  whether  operated on or off public highways.
Notwithstanding the provisions of this subdivision, the  department  may
issue  a permit to any person who is non-ambulatory, except with the use
of a mechanized aid, to possess a loaded firearm in or on a motor  vehi-
cle  as  defined  in  this  section, subject to such restrictions as the
department may deem necessary in the interest of public safety[, and for
a fee of five dollars]. Nothing in this section permits  the  possession
of a pistol or a revolver contrary to the penal law.
  S 8. Section 11-1003 of the environmental conservation law, as amended
by section 51 of part F of chapter 82 of the laws of 2002, is amended to
read as follows:
S 11-1003. Falconry license.
  Any  resident  of  this  state  may  be issued a falconry license. The
department shall prescribe and furnish forms for  application  for  such
license.  The  fee  for  the  license  shall  be [twenty] FORTY dollars.
Falconry licenses shall expire on December 31 every [second] FIFTH  year
and  shall be renewable at the discretion of the department.  A falconry
license shall authorize the  licensee  to  obtain,  buy,  sell,  barter,
possess  and  train  raptors  for  falconry  and  to engage in falconry,
provided that no game shall be taken or killed  except  during  an  open
season  therefor,  and  further  provided  that such licensee shall also
possess a license pursuant to this chapter which authorizes  the  holder
to  hunt  wildlife.    Any  non-resident, who legally possesses a raptor
where he or she resides and who may legally engage in falconry where  he
or  she  resides,  may engage in falconry in New York without a falconry
license provided he  or  she  possesses  a  valid  non-resident  hunting
license.
  S  9.  Section 11-1721 of the environmental conservation law, subdivi-
sion 2 as amended by chapter 528 of the laws of 1986, is amended to read
as follows:
S 11-1721. [Tagging] IDENTIFICATION of carcasses and parts thereof.
  1. The provisions of this section apply to carcasses and parts thereof
of
  a. domestic game killed on the premises of the holder  of  a  domestic
game bird breeder's license PURSUANT TO SECTION 11-1901 OF THIS ARTICLE,
domestic  game  animal  breeder's license PURSUANT TO SECTION 11-1905 OF
THIS ARTICLE or shooting preserve license PURSUANT TO SECTION 11-1903 OF
THIS ARTICLE;
  b. [domestic game raised outside the state on the premises of a holder
of a certificate under section 11-1715, subdivision 1;
  c. foreign game imported from outside the United States;
  d. wild deer (other than white-tailed deer), moose, elk,  caribou  and
antelope,  coming  from  outside the state, imported pursuant to section
11-1711;

S. 6258--D                         29                         A. 9058--D

  e.] bear possessed under license pursuant to section 11-0515  OF  THIS
ARTICLE  or  outside  the state under a license similar in principle and
killed for food purposes[, and bought and sold for  such  purpose  under
permit from the department pursuant to section 11-1713];
  [f.] C. trout, black bass, lake trout, landlocked salmon, muskellunge,
pike,  pickerel  and walleye taken from fishing preserve waters licensed
pursuant to section 11-1913 OF THIS ARTICLE.
  2. All such [game] CARCASSES AND PARTS shall  be  [tagged]  IDENTIFIED
with  a  [tag  or  seal,  which  shall be supplied] FORM PROVIDED by the
department [for a fee of five cents for each tag or  seal.  The  tag  or
seal shall be affixed to each game bird, and in the case of foreign game
shall  be  affixed  to the breast skin, and to the flesh of each quarter
and loin of other game, and shall remain so affixed until  the  game  is
finally  prepared for consumption.  Trout, black bass, lake trout, land-
locked salmon, muskellunge, pike, pickerel and walleye taken from  fish-
ing preserve waters licensed pursuant to section 11-1913 shall be tagged
as prescribed by the department, with a seal, which shall be supplied by
the department for a fee of five cents for each seal].
  3.  [Domestic game killed in this state] CARCASSES AND PARTS shall not
be possessed unless [tagged] ACCOMPANIED  BY  A  FORM  PROVIDED  BY  THE
DEPARTMENT  as  required  by  this  section. [Foreign game imported from
outside the United States and domestic and wild game coming from outside
the state shall be tagged before it is brought into the state  or  imme-
diately upon its receipt within this state by the consignee.
  4.  No  person shall counterfeit any seal or tag issued by the depart-
ment. No person shall attach such a  tag  to  game  which  is  not  game
described in subdivision 1, nor attach to any game described in subdivi-
sion  1  a  tag  or  seal  other  than the tag or seal prescribed by the
department for the tagging of such game.]
  S 10. Section 11-1723 of the environmental conservation law is amended
to read as follows:
S 11-1723. Sale of game and trout; transportation within the state.
  1. a. Except as provided in paragraph b, game and  trout  required  by
section 11-1721 OF THIS TITLE to be [tagged, when so tagged] IDENTIFIED,
may  be  possessed,  bought  and sold, and subject to section 11-1725 OF
THIS TITLE may be transported within and  from  within  to  without  the
state by any means.
  b.  No domestic duck, goose, brant or swan killed by shooting shall be
bought or sold unless marked [by having had the hind toe  of  the  right
foot removed as provided in subdivision 5 of section 11-1901] IN ACCORD-
ANCE WITH REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY
THE  DEPARTMENT  OF  THE  INTERIOR  PURSUANT  TO  50 C.F.R. 21 AS MAY BE
AMENDED FROM TIME TO TIME.    SUCH  INFORMATION  SHALL  BE  PROVIDED  BY
DEPARTMENT  PRESS RELEASE AND ANY OTHER MEANS THAT THE DEPARTMENT DETER-
MINES TO BE APPROPRIATE AND EFFECTIVE, INCLUDING POSTING ON THE  DEPART-
MENT'S PUBLIC WEBSITE.
  2.  No  person  shall  sell  or  offer for sale any such game or trout
unless it is so [tagged] IDENTIFIED.
  S 11. Section 11-1725 of the environmental conservation law is amended
to read as follows:
S 11-1725. Shipment by carriers.
  1. Carriers may receive, and may transport, within and from within  to
without  the  state,  carcasses  and parts thereof of game, described in
subdivision 1 of section 11-1721[, tagged] AND IDENTIFIED as provided in
that section, when they are also labeled as provided in this section.

S. 6258--D                         30                         A. 9058--D

  2. a. When received in this state by a carrier, or transported  within
or from within to without the state by a carrier, every shipment of game
required  by  section 11-1721 to be [tagged] IDENTIFIED, shall also have
attached a card or label with the  following  data  plainly  printed  or
written  thereon: names and addresses of consignor and consignee, number
and kind of carcasses or parts thereof[, and that the same  is  (as  the
case  may  be)  domestic  game,  imported foreign game, or game imported
under permit (in the case of game imported pursuant to  section  11-1711
or 11-1713)].
  b. If the consignor is the person who holds the game breeder's license
or shooting preserve license[, or the certificate under section 11-1715,
or  the  permit under section 11-1711 or 11-1713,] by authority of which
such game (other than imported foreign game) is saleable, or if the game
is imported foreign game shipped by a licensed game dealer, the card  or
label  shall  also  state  the  name  and  address of the holder of such
license, [certificate or permit] and the number of the license[, certif-
icate or permit].
  3. No carrier or employee thereof shall, while engaged in  such  busi-
ness,  transport  as  owner  any  fish or game not lawfully saleable. No
carrier or employee thereof shall knowingly receive or possess any  fish
or game, whether packed or unpacked, for shipment for any person, unless
(a)  if  it is game or trout described in section 11-1721 OF THIS TITLE,
it is [tagged] IDENTIFIED as required by that section, and  (b)  in  any
case,  it  bears the tag, card, IDENTIFICATION or label required by this
section or by sections 11-0911, 11-0917,  11-1319  or  11-1913  OF  THIS
ARTICLE.
  S  12. Subdivisions 1, 5 and 8 of section 11-1901 of the environmental
conservation law, paragraphs a and b of  subdivision  1  as  amended  by
chapter 528 of the laws of 1986, are amended to read as follows:
  1.  The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands, or an entire  island,  a  domestic  game  bird
breeder's  license  permitting him to possess and propagate such species
of domestic game birds as, in its opinion, he has facilities for  propa-
gating  on  the  licensed premises. The license shall expire on March 31
[in each] EVERY FIFTH year. The department shall prescribe  and  furnish
forms  for  application  for  such  license. Applicants shall pay to the
department, and the  department  shall  be  entitled  to  receive,  fees
according to the type of license so issued as follows:
  a.  Class  A  license, [fifty] TWO HUNDRED dollars. This license shall
allow the holder thereof to purchase, possess, propagate, transport  and
sell domestic game birds, dead or alive, and their eggs.
  b.  Class B license, [ten] FORTY dollars. This license shall allow the
holder thereof to purchase, possess and propagate  domestic  game  birds
for  his  own  use. Birds may be killed for food or released to the wild
for restocking. No live birds or their eggs or carcasses  may  be  sold,
exchanged or given away.
  5.  Each  such  domestic duck, goose, brant and swan [before attaining
the age of four weeks] shall be marked [by having the hind  toe  of  the
right  foot  removed,  and no such duck, goose, brant or swan, over four
weeks of age, may be possessed or sold without such mark] IN  ACCORDANCE
WITH  REQUIREMENTS SET FORTH IN RULES AND REGULATIONS ESTABLISHED BY THE
DEPARTMENT OF THE INTERIOR PURSUANT TO 50 C.F.R. 21 AS  MAY  BE  AMENDED
FROM  TIME  TO  TIME.   SUCH INFORMATION SHALL BE PROVIDED BY DEPARTMENT
PRESS RELEASE AND ANY OTHER MEANS THAT THE DEPARTMENT DETERMINES  TO  BE
APPROPRIATE  AND EFFECTIVE, INCLUDING POSTING ON THE DEPARTMENT'S PUBLIC
WEBSITE.  Birds so marked, which have escaped, may be recaptured by  the

S. 6258--D                         31                         A. 9058--D

licensee.  [Other  such  domestic  game  birds which have escaped may be
recaptured by the licensee provided they are marked as prescribed in the
rules and regulations of the department.] Escaped birds  may  be  recap-
tured  only  on  the  premises of the licensee. [However, removal of the
hind toe of the right foot shall not  be  required  for  captive  geese,
brant  and swans, which were adult birds on March 1, 1967 and previously
had been marked with a V-shaped mark on the web of one foot.]
  8. [a. The department shall supply tags, for which the licensee  shall
pay a fee of five cents each, which shall be affixed to the carcass of a
domestic  game  bird  and  remain  so  affixed until the bird is finally
prepared for consumption. No domestic  game  bird  so  killed  shall  be
possessed  without such tag, and only an authorized person shall have in
his possession such tags.
  b. Notwithstanding any provision in this section to the  contrary,  no
untagged carcass may be removed from the premises except carcasses which
are  removed  for  the purpose of processing. When transporting untagged
carcasses for such processing, the bearer must have a  statement  signed
by  the  licensee  stating the number of carcasses being transported and
the name and address of the processor. The bearer must also have in  his
possession  tags  equal  in  number  to  the  carcasses transported. The
processor or bearer, after picking and  dressing  the  carcasses,  shall
affix the tags, furnished by the licensee, to each carcass.
  c.  The licensee shall keep records of the number of tags used, and no
tags shall be removed from the licensed premises except as  provided  in
this subdivision. If a game bird breeder's license is not renewed on its
expiration  date, all unused tags and inventory shall be returned to the
nearest regional office of the department not later than ten days  after
the  expiration  date  of the license. There shall be no refund of money
for such returned tags, which shall be immediately invalidated.
  d. The tagging required by this subdivision shall  constitute  compli-
ance  with  the  tagging  requirements  of section 11-1721. Carcasses of
domestic game birds, tagged as provided  in  this  subdivision,  may  be
possessed, bought, sold, offered for sale and transported, to the extent
permitted by sections 11-1719 and 11-1723.] DOMESTIC GAME BIRD CARCASSES
AND  PARTS  SHALL  BE  IDENTIFIED AS REQUIRED BY SECTION 11-1721 OF THIS
ARTICLE.
  S 13. Subdivisions 2, 4 and 6 of section 11-1903 of the  environmental
conservation law are REPEALED and subdivisions 1, 3, 7 and 10, paragraph
c of subdivision 1 as amended by chapter 528 of the laws of 1986, subdi-
vision  3  as amended by chapter 465 of the laws of 1976 and paragraph d
of subdivision 7 as amended by chapter 37  of  the  laws  of  1978,  are
amended to read as follows:
  1.  The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands or an entire island a shooting preserve license
permitting him OR HER to purchase, possess, rear and transport,  and  to
release  and  take  by  shooting  therein,  domestic  game birds legally
possessed or acquired. No birds may be held for propagation after [March
31] APRIL 15 unless the owner or lessee also has a  domestic  game  bird
breeder's  license as provided for in section 11-1901 OF THIS TITLE.  In
the case of leased lands, the applicant shall furnish with  his  OR  HER
application evidence of a written lease executed by each lessor covering
the  premises  to  be licensed. The license shall expire on [March 31 in
each] APRIL 15 EVERY FIFTH year.  The  department  shall  prescribe  and
furnish  forms  for application for such license.  Applicants shall pay,
and the department shall be entitled to receive, fees according  to  the
type of license issued as follows:

S. 6258--D                         32                         A. 9058--D

  a.  Class  A  license,  [fifty] TWO HUNDRED dollars [for the first one
hundred acres and five dollars for each additional one hundred acres  or
portion  thereof  comprising the premises described in the application].
This license shall allow the holder thereof to operate a commercial CLUB
OR  MEMBERSHIP shooting preserve WITH A MINIMUM OF ONE HUNDRED ACRES and
charge a daily fee for hunting or charge a fee for each bird killed or a
combination thereof. Birds may be killed by the licensee for his OR  HER
own use and may be sold dead or alive.
  b.  [Class  B  license,  twenty-five dollars for the first one hundred
acres and two dollars and fifty cents for each  additional  one  hundred
acres or portion thereof comprising the premises described in the appli-
cation. This license shall allow the holder thereof to operate a nonpro-
fit  shooting  preserve  or  a  nonprofit  club  or  membership shooting
preserve with use limited to members and guests. Birds may be killed  by
the  licensee  for  his  own  use  but  no live birds, or their eggs, or
carcasses may be sold unless the licensee holds  a  Class  A  game  bird
breeder's license.
  c.]  Class  [C]  B license, [fifteen] SIXTY dollars [for the first one
hundred acres and two dollars for each additional one hundred  acres  or
portion  thereof  comprising the premises described in the application].
This license shall allow  the  holder  thereof  to  operate  a  shooting
preserve  with  use  restricted  to  the licensee, his OR HER family and
invitees, provided no fees are charged for the privilege of  hunting  or
for  birds  shot. Birds may be killed by the licensee for his OR HER own
use but no live birds, or their eggs, or carcasses may  be  sold  unless
the licensee holds a Class A game bird breeder's license.
  3.  The department may revoke the license of any licensee convicted of
a violation of this section, and no license shall be issued  to  him  OR
HER  for  the  ensuing  two  years. The licensee, unless he OR SHE shall
waive such right, shall have an opportunity to be heard. Notice of hear-
ing shall be given by mailing the same in writing to the licensee at the
address contained in his OR HER license. Attendance of witnesses may  be
compelled by subpoena.  Revocation shall be deemed an administrative act
reviewable by the supreme court as such.
  7. Domestic game birds may not be killed, by shooting, on the premises
specified in the application for the license, except under the following
conditions:
  a.  Birds  [must  be at least fourteen weeks of age before liberation.
Ducks, geese, brant and swans] shall be marked [by having had  the  hind
toe  of  the right foot removed, except] as provided in subdivision 5 of
section 11-1901[, and no such duck, goose,  brant  or  swan,  over  four
weeks  of age, may be possessed, sold or killed by shooting without such
mark] OF THIS TITLE.  Birds so marked, which have escaped, may be recap-
tured by the licensee.  [Other  such  domestic  game  birds  which  have
escaped  may  be  recaptured by the licensee provided they are marked as
prescribed in the rules and  regulations  of  the  department.]  Escaped
birds may be recaptured only on the premises of the licensee.
  b.  [Before  any  shooting  of  domestic  game  birds may be done on a
licensed shooting preserve the licensee must advise  the  department  in
writing  of  the  numbers of each species of domestic game birds reared,
purchased or otherwise acquired for liberation, and request and  receive
in  writing  a  shooting  authorization which shall state the numbers of
each species of game bird that may be taken by shooting. The  number  of
birds  authorized  to be taken by shooting shall not be less than eighty
per cent of the number liberated.

S. 6258--D                         33                         A. 9058--D

  Shooting authorization shall be based on the actual number of birds on
hand or on contract at the time of application for  such  authorization.
If  birds  are  purchased,  the  applicant  shall submit one copy of the
contract agreement signed by the purchaser and seller on forms furnished
by  the  department.  The  contract  shall  state  the name, address and
license number of the party from whom purchased as well as  the  numbers
of birds purchased and the dates of delivery.
  c.]  Ducks, geese, brant and swans liberated under this section may be
taken only under rules and regulations made by the department OR ADOPTED
BY THE FEDERAL DEPARTMENT OF THE INTERIOR; PROVIDED, HOWEVER,  THAT  ANY
FEDERAL  REGULATIONS  SHALL  BE PROVIDED BY DEPARTMENT PRESS RELEASE AND
ANY OTHER MEANS THAT THE DEPARTMENT DETERMINES  TO  BE  APPROPRIATE  AND
EFFECTIVE, INCLUDING POSTING ON THE DEPARTMENT'S PUBLIC WEBSITE.
  [d]  C.  On the premises described in the application for the license,
the licensee may kill domestic game birds by shooting from  September  1
through  [March  31] APRIL 15 and in any manner, other than by shooting,
at any time, or any person may take domestic game birds by shooting from
September 1 through [March 31] APRIL 15 with the consent of  the  licen-
see. [When an investigation made by the department in the month of March
of  any  year  reveals  that during the current shooting preserve season
reasonable opportunities were not  afforded  to  harvest  domestic  game
birds  in  any  area  or  areas of the state because of abnormal weather
conditions, the department shall have  power  to  extend  by  order  the
shooting  preserve  season  in  such  area  or areas for a period not to
exceed 15 days.]
  10. a. [The department shall supply tags, for which the licensee shall
pay a fee of five cents each, which shall be  affixed  to  the  carcass]
CARCASSES  AND  PARTS  of  [a] domestic game [bird and remain so affixed
until the bird is finally  prepared  for  consumption]  BIRDS  SHALL  BE
ACCOMPANIED  BY  A  FORM  PROVIDED BY THE DEPARTMENT PURSUANT TO SECTION
11-1721 OF THIS ARTICLE.   No domestic game birds  so  killed  shall  be
possessed  OR  TRANSPORTED  without such [tag] FORM.  Only an authorized
person as provided in the rules and regulations of the department  shall
have in his OR HER possession such [tags] FORM.
  b.  [Notwithstanding any provision in this section to the contrary, no
untagged carcass may be removed from the premises except carcasses which
are removed for processing. When  transporting  untagged  carcasses  for
processing,  the  bearer  must  have  a statement signed by the licensee
stating the number of carcasses transported and the name and address  of
the processor. The bearer must also have in his possession tags equal in
number  to  the  carcasses  transported.  The processor or bearer, after
picking and dressing the carcasses, shall affix the tags,  furnished  by
the licensee, to each carcass.
  c.  The  licensee  shall keep records of the number of tags used. If a
shooting preserve license is not renewed on  its  expiration  date,  all
unused  tags  on  inventory  shall  be  returned to the nearest regional
office of the department not later than ten days  after  the  expiration
date of the license. There shall be no refund of money for such returned
tags, which shall be immediately invalidated.
  d.  The  tagging required by this subdivision shall constitute compli-
ance with the tagging requirements  of  section  11-1721.  Carcasses  of
domestic  game  birds,  tagged  as  provided in this subdivision, may be
possessed and transported by all licensees under this section, and  they
may  be  bought,  sold  and  offered for sale to the extent permitted by
sections 11-1719 and 11-1723, except that no domestic duck, goose, brant
or swan shall be bought, sold or killed by  shooting  unless  marked  as

S. 6258--D                         34                         A. 9058--D

provided  in subdivision 7 of this section] DOMESTIC GAME BIRD CARCASSES
AND PARTS SHALL BE IDENTIFIED AS REQUIRED BY  SECTION  11-1721  OF  THIS
ARTICLE.
  S  14.  Subdivisions  1  and 6 of section 11-1905 of the environmental
conservation law, the opening paragraph of subdivision 1 as  amended  by
chapter  41  of the laws of 1973 and paragraphs a and b of subdivision 1
as amended by chapter 528 of the laws of 1986, are amended  to  read  as
follows:
  1.  The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands or an entire  island  a  domestic  game  animal
breeder's  license permitting him to possess and propagate domestic game
animals provided such animals are confined and cared  for  according  to
specifications  and  regulations  which  the department, by order, shall
adopt. The license shall expire on March 31 [of each] EVERY FIFTH  year.
The  department  shall  prescribe  and furnish forms for application for
such license. Applicants shall pay, and the department shall be entitled
to receive, fees in accordance with the type of license issued.
  a. Class A license, [fifty] TWO HUNDRED dollars.  This  license  shall
allow  the holder thereof to purchase, possess, propagate, transport and
sell domestic game animals dead or alive.
  b. Class B license, [ten] FORTY dollars. This license shall allow  the
holder  thereof to purchase, possess and propagate domestic game animals
for his own use. No animals may be sold, exchanged or given away  except
that  portions  of the carcass may be given away provided they are pack-
aged and the package bears the name and license number of the licensee.
  6. [a. The department shall supply tags  for  Class  A  licenses,  for
which the licensees shall pay five cents each, which shall be affixed to
each quarter and loin of each carcass of domestic game animals killed by
Class  A  licensees  and  remain  so  affixed  until the game is finally
prepared for consumption. No domestic game animal  so  killed,  nor  any
portion of the carcass thereof, shall be possessed without such tag, and
no person shall sell such quarter or loin without such tag attached.
  b.  The  tagging required by this subdivision shall constitute compli-
ance with the tagging requirements of section 11-1721. Loins or quarters
of domestic game animals, killed by Class  A  licensees  and  tagged  as
provided in this subdivision, may be possessed, bought, sold and offered
for sale, and transported as provided in section 11-1723 and may be sold
and  offered  for  sale  by  the  holder of a Class A license under this
section without the  game  dealer's  license  provided  for  in  section
11-1719.]  DOMESTIC  GAME ANIMAL CARCASSES AND PARTS SHALL BE IDENTIFIED
AS REQUIRED BY SECTION 11-1721 OF THIS ARTICLE.
  S 15. Section 11-1907 of the environmental conservation law is amended
by adding a new subdivision 3 to read as follows:
  3. ON OR AFTER APRIL FIRST, TWO THOUSAND TWELVE, THE DEPARTMENT  SHALL
NOT ISSUE ANY NEW LICENSES PURSUANT TO THIS SECTION.
  S 16. Subparagraph 4 of paragraph b of subdivision 2 and subdivision 6
of section 11-1913 of the environmental conservation law, paragraph a of
subdivision 6 as amended by chapter 528 of the laws of 1986, are amended
to read as follows:
  (4)  specify the manner of [tagging] IDENTIFICATION OF fish taken from
the licensed waters, and
  6. a. All trout, black bass, lake trout,  landlocked  salmon,  muskel-
lunge,  pike,  pickerel  and  walleye  taken  from  the licensed fishing
preserve waters, shall  be  immediately  [tagged]  IDENTIFIED  ON  FORMS
PROVIDED  BY  THE DEPARTMENT as prescribed in the license or by order of

S. 6258--D                         35                         A. 9058--D

the department. [Such tags shall be furnished by the department and sold
to the licensee at the cost of five cents per tag.]
  b.  The  [tag  so  affixed]  IDENTIFICATION FORM shall [not be removed
from] ACCOMPANY the fish until the same is finally prepared for consump-
tion.
  c. No fish, required to be [tagged] IDENTIFIED as specified  in  para-
graph  a  of  this  subdivision, taken pursuant to this section shall be
possessed off the premises of the fishing preserve  without  such  [tag]
IDENTIFICATION  FORM,  and  no  person shall sell such fish without such
[tag attached, except for scientific, exhibition or  stocking  purposes]
IDENTIFICATION FORM.
  d.  Fish  taken from such fishing preserves and [tagged] IDENTIFIED as
provided in this subdivision, may be possessed, bought, sold and offered
for sale, and transported without restriction. Fish raised or  possessed
under  license  issued  under  this  section may be sold at any time for
scientific, exhibition, propagation or stocking purposes.
  S 17. Subdivision 3 of section 11-0103 of the environmental  conserva-
tion law is amended to read as follows:
  3.  "Wild  game"  means  all  game,  except (a) domestic game bird and
domestic game animal as defined  in  subdivision  4;  (b)  carcasses  of
foreign  game  as  defined in section 11-1717, imported from outside the
United States [and tagged as provided  in  section  11-1721];  (c)  game
propagated  or kept alive in captivity as provided in section 11-1907 OF
THIS ARTICLE; (d) game imported alive pursuant to license of the depart-
ment, or artificially propagated, until such game is liberated; and  (e)
game so imported or propagated when liberated for the purpose of a field
trial and taken during the field trial for which it was liberated.
  S  18. Subdivision 2 of section 11-1717 of the environmental conserva-
tion law is amended to read as follows:
  2. The carcasses, or parts thereof,  of  foreign  game  imported  from
outside  the  United  States  may  be  bought  and  sold [when tagged as
required in section  11-1721,  subject  to  the  provisions  of  section
11-1719 with respect to dealers' licenses].
  S  19.  Section  11-0323  of  the  environmental  conservation law, as
amended by chapter 84 of the  laws  of  2010,  is  amended  to  read  as
follows:
S 11-0323. Publication of Fish and Wildlife Law.
  The department shall compile and index each year after the adjournment
of  the legislature the laws relating to fish and wildlife as amended to
date. Copies of the compilation shall be printed  in  pamphlet  form  of
pocket  size  in  the  number  for which the legislature may appropriate
funds. The department shall also prepare a syllabus  of  such  laws  and
information  informing migratory game bird hunters where they can obtain
information regarding open seasons and  bag  limits  and  FEDERAL  REGU-
LATIONS  PURSUANT  TO  SECTIONS 11-1721 AND 11-1723 OF THIS ARTICLE. THE
DEPARTMENT shall deliver copies to county, city, town and village clerks
in numbers sufficient for the furnishing of one copy to each  person  to
whom  a hunting, trapping or fishing license is issued. Each such licen-
see shall be entitled to one copy of such syllabus.
  S 20. This act shall take effect immediately, except that if this  act
shall  have  become  a law on or after April 1, 2012 this act shall take
effect immediately and shall be deemed to have been in  full  force  and
effect  on  and  after  April  1,  2012; provided that the amendments to
subdivision 2 of section 11-0931 of the environmental  conservation  law
made  by  section six of this act shall be subject to the expiration and
reversion of such subdivision pursuant to chapter 483  of  the  laws  of

S. 6258--D                         36                         A. 9058--D

2010, as amended, when upon such date the provisions of section seven of
this act shall take effect.

                                 PART I
                          Intentionally omitted

                                 PART J

  Section  1.  Paragraph  f  of  subdivision 1 of section 72-0402 of the
environmental conservation law, as added by chapter 99 of  the  laws  of
2010, is amended to read as follows:
  f.  In any case where a generator EITHER (I) recycles more than ninety
percent of the [amount] TOTAL TONS of hazardous waste or more than nine-
ty percent of the [amount] TOTAL TONS of hazardous wastewater  WHICH  it
[produces  in  any] GENERATED DURING THAT calendar year, as certified to
the commissioner, [upon which a fee is imposed pursuant to this section,
any such fee imposed or to be imposed in such  case]  OR  (II)  RECYCLES
MORE  THAN FOUR THOUSAND TONS OF HAZARDOUS WASTE OR MORE THAN FOUR THOU-
SAND TONS OF HAZARDOUS WASTEWATER WHICH IT GENERATED  IN  THAT  CALENDAR
YEAR, AS CERTIFIED TO THE COMMISSIONER, THE FEE IMPOSED PURSUANT TO THIS
SECTION  shall be [determined] CALCULATED AND IMPOSED based upon the net
amount of hazardous waste or THE  NET  AMOUNT  OF  hazardous  wastewater
generated[,  as  applicable,  which] THAT is not [so] recycled in [such]
THAT calendar year, rather than  upon  the  gross  [amount]  AMOUNTS  of
hazardous waste [or] AND hazardous wastewater generated in such calendar
year.
  S 2. This act shall take effect immediately and shall apply to hazard-
ous  waste  program  fee bills issued by the department of environmental
conservation after January 1, 2012  for  hazardous  waste  or  hazardous
wastewater generated during calendar year 2011 or later.

                                 PART K

  Section  1.  Subdivisions 2 and 4 of section 97-1 of the state finance
law, as added by chapter 565 of the laws of 1989, are amended to read as
follows:
  2. The sewage treatment program  management  and  administration  fund
[shall]  MAY consist of (a) all moneys transferred to the state from the
water pollution  control  revolving  fund  pursuant  to  section  twelve
hundred  eighty-five-j  of  the  public  authorities  law,  (b) all OR A
PORTION OF moneys made available to New York state for the  purposes  of
administering  and  managing  financial  assistance  provided to munici-
palities from the water pollution control revolving fund pursuant to the
Federal Water Pollution Control Act, and (c) all other  moneys  credited
or  transferred  thereto  from any other fund or source pursuant to law.
Notwithstanding the foregoing, no money reserved for  planning  pursuant
to  section  six hundred four (b) of the Federal Water Pollution Control
Act shall be deposited in the sewage treatment  program  management  and
administration fund.
  4.  Moneys  in  such fund, following appropriation by the legislature,
[shall] MAY be used, for the purpose of paying all costs of the  depart-
ment  of  environmental  conservation  and  New York state environmental
facilities corporation for management and administration of  the  sewage
treatment  program  established  by section 17-1909 of the environmental
conservation law and of  the  water  pollution  control  revolving  fund

S. 6258--D                         37                         A. 9058--D

established  by  section  twelve  hundred  eighty-five-j  of  the public
authorities law.
  S  2. Subdivisions 2 and 4 of section 97-ddd of the state finance law,
as added by chapter 432 of the laws of 1997,  are  amended  to  read  as
follows:
  2.  The  drinking  water  program  management  and administration fund
[shall] MAY consist of (a) all moneys transferred to the state from  the
drinking  water revolving fund pursuant to section twelve hundred eight-
y-five-m of the public authorities law, (b) all OR A PORTION  OF  moneys
made  available  to  New  York  state  for purposes of administering and
managing financial assistance provided to recipients from  the  drinking
water  revolving  fund  pursuant to the Federal Safe Drinking Water Act,
and (c) all other moneys credited or transferred thereto from any  other
fund or source pursuant to law.
  4.  Moneys  in  the  fund, following appropriation by the legislature,
[shall] MAY be used, for the purpose of paying all costs of the  depart-
ment  of  health and New York state environmental facilities corporation
for management and administration of the drinking water  program  estab-
lished  by  title four of article eleven of the public health law and of
the drinking water revolving fund established by section twelve  hundred
eighty-five-m of the public authorities law.
  S  3. Subdivisions 5 and 7 of section 1285-j of the public authorities
law, subdivision 5 as amended by chapter 134 of the  laws  of  2007  and
subdivision  7  as added by chapter 565 of the laws of 1989, are amended
to read as follows:
  5. The corporation [shall] MAY make payments to the  sewage  treatment
program  management  and administration fund in accordance with subdivi-
sion seven of this section to reimburse such fund for expenditures  made
pursuant  to  appropriation  to  pay the cost of the corporation and the
department of environmental conservation for administering and  managing
the  water  pollution  control  revolving  fund  program  established in
section ninety-seven-l of the state finance law, for  such  costs.  Such
reimbursement  shall  be  made from (a) available investment earnings on
all amounts in the water pollution control revolving fund excluding  all
amounts in the fund which are the subject of allocations or other finan-
cial  assistance  to  a  municipality;  and (b) payments received from a
municipality for such purpose pursuant to a project financing  agreement
or  loan  agreement; and (c) if the sources of revenue described in this
paragraph and paragraphs (a) and (b) of  this  subdivision  are  or  are
anticipated  to  be  insufficient,  then  from  the  proceeds of federal
capitalization grants, awards or assistance appropriated to the fund for
administration and management of such program.
  Notwithstanding the foregoing, if the sources of revenues described in
paragraphs (a), (b) and (c) of this subdivision are at any time insuffi-
cient to make a reimbursement to the state pursuant to this  subdivision
when  due,  the corporation shall make such reimbursement from any other
available amounts in the water pollution control revolving fund, exclud-
ing all amounts that are the subject of allocations, provided, that  the
amounts  paid from fund sources other than those described in paragraphs
(a), (b) and (c) of this subdivision shall be reimbursed upon a determi-
nation by the director of the budget that future revenues obtained  from
sources described in paragraphs (a), (b) and (c) of this subdivision are
in excess of the amounts reasonably needed to make future reimbursements
pursuant to this subdivision.
  7.  The  corporation  [shall]  MAY  transfer  to  the sewage treatment
program management  and  administration  fund  established  pursuant  to

S. 6258--D                         38                         A. 9058--D

section  ninety-seven-l of the state finance law no less frequently than
semi-monthly amounts from the fund sufficient to  reimburse  the  sewage
treatment  program management and administration fund in accordance with
the provisions of subdivision five of this section.
  S 4. Subdivision 7 of section 1285-m of the public authorities law, as
added by chapter 413 of the laws of 1996, is amended to read as follows:
  7.  The corporation [shall] MAY transfer to the state on such schedule
as the corporation and the department of health shall agree amounts from
the fund to reimburse the state in accordance  with  the  provisions  of
subdivision five of this section.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART L

  Section 1. Section 140 of the agriculture and markets law, as added by
chapter 631 of the laws of 1955, subdivision 1 as amended by chapter 592
of the laws of 2003, is amended to read as follows:
  S 140. Samples; publication of results of tests. 1.  The  commissioner
or  his  or  her  duly  authorized representatives shall take samples of
seeds [and submit them to the director of the New  York  state  agricul-
tural  experiment station] for examination, analysis, and testing BY THE
DEPARTMENT. THE COMMISSIONER MAY CONTRACT WITH A QUALIFIED LABORATORY TO
PERFORM SUCH EXAMINATION, ANALYSIS, AND TESTING. When the analysis of an
official sample indicates that seed is mislabeled, the results  of  such
analysis shall be provided to the person responsible for the labeling of
the  seed  and,  upon that person's request, made within fifteen days of
his or her receipt of said results,  the  commissioner  or  his  or  her
authorized  agent shall furnish such person with a portion of the sample
taken.
  2. [The director of the New York state agricultural experiment station
shall examine, analyze, or test, or cause to be  examined,  analyzed  or
tested  such samples of seeds taken under the provisions of this article
as shall be submitted to him for that purpose by the  commissioner,  and
shall  report  the  results of such analysis, examination, or testing to
the commissioner. For this  purpose  the  New  York  state  agricultural
experiment  station  may establish and maintain trial grounds and a seed
laboratory with the necessary equipment,  and  may  employ  experts  and
incur  such  expense as may be necessary to comply with the requirements
of this article.
  3.] From time to time the  [New  York  state  agricultural  experiment
station, in cooperation with the] department of agriculture and markets,
shall  make  public  the  results of examinations, analyses, trials, and
tests of any sample or samples so procured,  together  with  such  addi-
tional  information  as  circumstances  advise.  These published results
shall be the property of the state of New York and shall not be used for
advertising or regulatory purposes by any person or agency, governmental
or otherwise without requested and granted permission of the commission-
er [of agriculture and markets].
  S 2.  Section 140-a of the agriculture and markets law,  as  added  by
chapter 631 of the laws of 1955, is amended to read as follows:
  S 140-a. Provision  for  seed tests.   Any citizen of this state shall
have the privilege of submitting to the  [New  York  state  agricultural
experiment  station]  DEPARTMENT samples of seeds for [test] TESTING and
analysis subject to [such rules and regulations as may be adopted by the
director of said experiment station and approved by Cornell  university]

S. 6258--D                         39                         A. 9058--D

PAYMENT OF A FEE TO THE COMMISSIONER THAT SHALL, AT A MINIMUM, COVER THE
FULL  COSTS OF THE SERVICES PROVIDED. ALL MONIES RECEIVED BY THE COMMIS-
SIONER PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN AN ACCOUNT  WITHIN
THE  MISCELLANEOUS  SPECIAL RECEIVE FUND AND SHALL BE USED TO DEFRAY THE
EXPENSES INCIDENTAL TO CARRYING OUT  THE  SERVICES  AUTHORIZED  BY  THIS
SECTION.
  S 3. This act shall take effect immediately.

                                 PART M

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 25-d to read as follows:
  25-D. THE COMMISSIONER MAY ENTER INTO A CONTRACT OR COOPERATIVE AGREE-
MENT UNDER WHICH SERVICES RELATING TO FOOD SAFETY AND INSPECTION, ANIMAL
HEALTH, INVASIVE SPECIES CONTROL, THE COLLECTION OF SAMPLES FOR RESEARCH
STUDIES AND SIMILAR SERVICES RELATING TO THE DUTIES AND RESPONSIBILITIES
OF THE DEPARTMENT MAY BE MADE AVAILABLE TO FEDERAL ENTITIES, EDUCATIONAL
ENTITIES  LOCATED OUTSIDE OF THE STATE, AND STATE AND LOCAL GOVERNMENTAL
ENTITIES LOCATED OUTSIDE OF THE STATE, WHEN, IN THE COMMISSIONER'S JUDG-
MENT, SUCH CONTRACT OR COOPERATIVE AGREEMENT  SHALL  BE  IN  THE  PUBLIC
INTEREST  AND  SHALL  NOT  ADVERSELY AFFECT THE DEPARTMENT'S OBLIGATIONS
UNDER THIS CHAPTER.  SUCH  CONTRACTS  OR  COOPERATIVE  AGREEMENTS  SHALL
REQUIRE  PAYMENT  BY  CONTRACTORS  AND COOPERATORS OF, AT A MINIMUM, THE
FULL COSTS OF THE SERVICES PROVIDED.  ALL MONEYS RECEIVED BY THE COMMIS-
SIONER PURSUANT TO SUCH CONTRACTS AND AGREEMENTS SHALL BE  DEPOSITED  IN
AN  ACCOUNT  WITHIN  THE MISCELLANEOUS SPECIAL REVENUE FUND AND SHALL BE
USED TO DEFRAY THE EXPENSES INCIDENTAL  TO  CARRYING  OUT  THE  SERVICES
AUTHORIZED BY THIS SUBDIVISION.
  S 2. This act shall take effect immediately.

                                 PART N

  Section  1.  Section  251-z-3  of  the agriculture and markets law, as
amended by chapter 307 of the laws  of  2004,  the  second  undesignated
paragraph  as  amended by section 2 of part II of chapter 59 of the laws
of 2009, is amended to read as follows:
  S 251-z-3. Licenses; fees. No person shall maintain or operate a  food
processing establishment unless licensed biennially by the commissioner.
Application  for  a  license  to operate a food processing establishment
shall be made, upon a form prescribed by the commissioner[, on or before
the fifteenth of the month preceding the applicable  license  period  as
herein prescribed. The license period shall begin February fifteenth for
applicants  who  apply  for a license between February fifteenth and May
fourteenth, May fifteenth for applicants who apply for a license between
May fifteenth and August fourteenth, August fifteenth for applicants who
apply for a license between August fifteenth  and  November  fourteenth,
and  November  fifteenth  for applicants who apply for a license between
November fifteenth and February fourteenth]. RENEWAL APPLICATIONS  SHALL
BE  SUBMITTED  TO  THE  COMMISSIONER  AT  LEAST THIRTY DAYS PRIOR TO THE
COMMENCEMENT OF THE NEXT LICENSE PERIOD.
  The applicant shall furnish evidence of his  or  her  good  character,
experience  and  competency, that the establishment has adequate facili-
ties and equipment for the business to be conducted, that the establish-
ment is such that the cleanliness of the  premises  can  be  maintained,
that  the  product  produced therein will not become adulterated and, if
the applicant is a retail food store, that the applicant has an individ-

S. 6258--D                         40                         A. 9058--D

ual in a position of management or control who has completed an approved
food safety education program pursuant to section two hundred fifty-one-
z-twelve of this article. The commissioner, if so satisfied, shall issue
to  the  applicant,  upon  payment  of  the  license fee of four hundred
dollars,  a  license  to  operate  the  food  processing   establishment
described  in  the  application.  However, the license fee shall be nine
hundred dollars for a food processing establishment  determined  by  the
commissioner,  pursuant to duly promulgated regulations, to require more
intensive regulatory  oversight  due  to  the  volume  of  the  products
produced,  the  potentially  hazardous nature of the product produced or
the multiple number of processing operations conducted in the establish-
ment. The license application for retail food stores shall  be  accompa-
nied  by  documentation  in  a  form  approved by the commissioner which
demonstrates that the food safety education program requirement has been
met. The license shall take effect on the date of issuance and  continue
[until  the  last day of the applicable license period set forth in this
section] FOR TWO YEARS FROM SUCH DATE.
  [Notwithstanding any other provision  of  law  to  the  contrary,  the
commissioner  is  hereby  authorized  and  directed to deposit all money
received pursuant to this section in an account within the miscellaneous
special revenue fund.]
  S 2. Subdivision 4 of section 128-a of the agriculture and markets law
is REPEALED and subdivisions 5, 6, 7, 8, 9 and 10 are renumbered  subdi-
visions 4, 5, 6, 7, 8 and 9.
  S 3. Subdivision 3 of section 133-a of the agriculture and markets law
is REPEALED.
  S 4. Section 90-b of the state finance law is REPEALED.
  S 5. This act shall take effect immediately.

                                 PART O

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby  authorized  and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the  New  York  state
energy research and development authority.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART P

  Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
laws of 2012 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue  funds - other/state operations, miscellaneous special revenue fund -
339, energy research and planning account, and special revenue  funds  -
other/aid to localities, miscellaneous special revenue fund - 339, ener-
gy  research  and planning account shall be subject to the provisions of
this section. Notwithstanding  the  provisions  of  subdivision  4-a  of
section 18-a of the public service law, all moneys committed or expended
shall  be reimbursed by assessment against gas corporations and electric
corporations as defined in section 2 of the public service law, and  the
total  amount  which may be charged to any gas corporation and any elec-
tric corporation shall not exceed one cent per one thousand  cubic  feet
of  gas sold and .010 cent per kilowatt-hour of electricity sold by such
corporations in their intrastate utility  operations  in  calendar  year
2010.  Such  amounts  shall  be  excluded  from  the  general assessment

S. 6258--D                         41                         A. 9058--D

provisions of subdivision 2 of section 18-a of the public  service  law,
but shall be billed and paid in the manner set forth in such subdivision
and  upon  receipt shall be paid to the state comptroller for deposit in
the state treasury for credit to the miscellaneous special revenue fund.
The  director  of  the  budget shall not issue a certificate of approval
with respect to the commitment and expenditure of moneys  hereby  appro-
priated  until the chair of such authority shall have submitted, and the
director of the budget shall have approved,  a  comprehensive  financial
plan  encompassing  all  moneys available to and all anticipated commit-
ments and expenditures by such authority from any source for  the  oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.

                                 PART Q
                          Intentionally omitted

                                 PART R

  Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
New York state urban development corporation act, relating to the powers
of  the  New  York state urban development corporation to make loans, as
amended by section 1 of part G of chapter 60 of the  laws  of  2011,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2012]  2013,  at  which
time the provisions of subdivision 26 of section 5 of the New York state
urban  development  corporation  act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such  subdivision
as provided for herein shall be deemed to affect or impair in any manner
any  loan  made  pursuant  to the authority of such subdivision prior to
such expiration and repeal.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART S

  Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968, constituting the New York state  urban  development
corporation act, as amended by section 1 of part KK of chapter 59 of the
laws of 2008, is amended to read as follows:
  3.  The  provisions  of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, [upon  the  effective  date  of  a
chapter  of  the laws of 2009 which appropriates funds for the principal
support of the urban development corporation  for  the  2009-2010  state
fiscal year] ON JULY 1, 2013.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009.

                                 PART T
                          Intentionally Omitted

S. 6258--D                         42                         A. 9058--D

                                 PART U

  Section  1.  Subdivision 1 of section 218 of the state finance law, as
amended by chapter 424 of the laws  of  2009,  is  amended  to  read  as
follows:
  1.  Linked  loans  made  to certified businesses in empire zones or to
eligible businesses in highly distressed areas or to eligible businesses
that are defined in paragraph (b-1) of subdivision eleven of section two
hundred thirteen of this article that are located in a renewal community
or defined in paragraph (b-2) of such subdivision that are located in an
empowerment zone or defined in paragraph (b-3) of such subdivision  that
are  located  in  an  enterprise  community,  respectively  for eligible
projects defined in paragraph (c) of subdivision twelve of  section  two
hundred thirteen of this article or to minority- or women-owned business
enterprises for an eligible project defined in paragraph (e) of subdivi-
sion  twelve  of  section  two  hundred thirteen of this article or to a
defense industry manufacturer for a project defined in paragraph (d)  of
subdivision twelve of section two hundred thirteen of this article OR TO
AN  ELIGIBLE BUSINESS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ELEVEN OF
SECTION TWO HUNDRED THIRTEEN OF  THIS  ARTICLE  THAT  PRODUCES  PRODUCTS
DEFINED  IN SUBDIVISION TWO OF SECTION THREE HUNDRED ONE OF THE AGRICUL-
TURE AND MARKETS LAW FOR AN ELIGIBLE PROJECT AS DEFINED IN PARAGRAPH (B)
OF SUBDIVISION TWELVE OF SECTION TWO HUNDRED THIRTEEN  OF  THIS  ARTICLE
shall  bear  interest  at  a fixed rate equal to three percentage points
below the fixed interest rate the lender would have charged for the loan
in the absence of a linked deposit based on its usual  credit  consider-
ations.    All  other  linked  loans shall bear interest at a fixed rate
equal to two percentage points below the fixed interest rate the  lender
would have charged for the loan in the absence of a linked deposit based
on its usual credit considerations. Lenders shall certify to the commis-
sioner  of  economic development that the rate to be charged on a linked
loan is two percentage points or three percentage points,  as  the  case
may  be,  below  the interest rate the lender would have charged for the
loan in the absence of a linked deposit.
  S 2.  Paragraph (a) of subdivision 11 and paragraph (b) of subdivision
12 of section 213 of the state finance law, as added by chapter  705  of
the laws of 1993, are amended to read as follows:
  (a)  a  manufacturing firm OR AGRICULTURAL BUSINESS which employs five
hundred or fewer employees within the state on a full-time basis; or
  (b) for manufacturing, AGRICULTURAL and service firms, projects  which
involve  the  preparation  of strategic plans for improving productivity
and competitiveness; the introduction  of  modern  equipment  and/or  an
expansion  of  facilities as part of a modernization plan; the introduc-
tion of advanced  technologies  to  improve  productivity  and  quality;
improvements  in production processes and operations, INCLUDING AGRICUL-
TURAL OPERATIONS; introduction of  computerized  information,  reporting
and control systems; reorganization or improvement of work place systems
and  the  introduction  of  total  quality  and  employee  participation
programs; development and introduction of new  products;  identification
and  development  of  new markets, including entry into foreign markets;
financial restructuring for purposes of  enabling  modernization  activ-
ities; buyouts of viable companies by employees or local owners residing
in  the state; and the provision of working capital for other moderniza-
tion activities that will improve the competitiveness  and  productivity
of a firm and result in the creation or retention of jobs; or
  S 3. This act shall take effect immediately.

S. 6258--D                         43                         A. 9058--D

                                 PART V

  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, expenses of the department of health public service  education
program  incurred  pursuant  to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2012.

                                 PART W
                          Intentionally Omitted

                                 PART X
                          Intentionally omitted

                                 PART Y

  Section  1. Section 308 of the racing, pari-mutuel wagering and breed-
ing law is amended to read as follows:
  S 308. Officials at harness horse race meetings.  1.  At  all  harness
race meetings licensed by the state racing and wagering board in accord-
ance  with  the  provisions  of  sections two hundred twenty-two through
seven hundred five of this chapter qualified judges and  starters  shall
be  designated  by  the  state racing and wagering board. Such officials
shall enforce the rules and regulations of the state racing and wagering
board and shall render regular written reports  of  the  activities  and
conduct of such race meetings to the state racing and wagering board.
  2.  THE  LICENSED RACING CORPORATIONS SHALL REIMBURSE THE STATE RACING
AND WAGERING BOARD FOR THE PER DIEM COST TO  THE  BOARD  TO  EMPLOY  ONE
ASSOCIATE  JUDGE  AND THE STARTER TO SERVE AT HARNESS RACE MEETINGS. THE
BOARD SHALL NOTIFY SUCH LICENSED RACING CORPORATIONS  OF  THE  PER  DIEM
COST  OF  THE  ASSOCIATE JUDGE AND THE STARTER PRIOR TO THE BEGINNING OF
EACH MONTH. PAYMENT OF THE REIMBURSEMENT REQUIRED BY THIS SECTION  SHALL
BE  MADE  TO  THE BOARD BY EACH ENTITY REQUIRED TO MAKE SUCH PAYMENTS ON
THE LAST BUSINESS DAY OF EACH  MONTH  AND  SHALL  COVER  ALL  THE  COSTS
INCURRED  DURING  THAT  MONTH. A PENALTY OF FIVE PERCENT OF PAYMENT DUE,
AND INTEREST AT THE RATE OF ONE PERCENT PER MONTH CALCULATED  FROM  SUCH
LAST  DAY  OF EACH MONTH TO THE DATE OF THE PAYMENT OF THE PER DIEM COST
SHALL BE PAYABLE IN CASE ANY PER DIEM COST IMPOSED BY  THIS  SUBDIVISION
IS  NOT  PAID WHEN DUE. THE BOARD SHALL PROMULGATE RULES AND REGULATIONS
TO ENSURE THE PROPER REIMBURSEMENT OF SUCH COSTS.
  3. THE BOARD SHALL PAY INTO THE RACING REGULATION ACCOUNT, AS  DEFINED
IN  SECTION  NINETY-NINE-I  OF  THE  STATE  FINANCE LAW, UNDER THE JOINT
CUSTODY OF THE COMPTROLLER AND  THE  BOARD,  THE  TOTAL  AMOUNT  OF  THE
REIMBURSEMENTS  COLLECTED PURSUANT TO THIS SECTION. WITH THE APPROVAL OF
THE DIRECTOR OF THE  BUDGET,  MONIES  UTILIZED  TO  PAY  THE  COSTS  AND
EXPENSES  OF  THE  OPERATIONS  OF  THE  BOARD  SHALL BE PAID OUT OF SUCH
ACCOUNT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS,  CERTI-
FIED  AND  APPROVED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET OR HIS
OR HER DULY DESIGNATED OFFICIAL.
  4. ANY ASSOCIATE JUDGE AND STARTER WHOSE PER DIEM COSTS ARE REIMBURSED
BY A LICENSED RACING CORPORATION SHALL REMAIN  EMPLOYEES  OF  THE  STATE
RACING AND WAGERING BOARD AND SHALL RETAIN ALL THE RIGHTS AND PRIVILEGES

S. 6258--D                         44                         A. 9058--D

OF  THEIR CURRENT CIVIL SERVICE JURISDICTIONAL CLASSIFICATION AND STATUS
AND COLLECTIVE BARGAINING UNIT REPRESENTATION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART Z
                          Intentionally omitted

                                 PART AA

  Section 1. Paragraph (b) of subdivision  2  of  section  2975  of  the
public  authorities law, as amended by section 1 of part J of chapter 60
of the laws of 2011, is amended to read as follows:
  (b) On or before November first, two thousand three and on  or  before
November first of each year thereafter, the director of the budget shall
determine  the  amount  owed  under  this section by each public benefit
corporation. The director of the budget may reduce, in  whole  or  part,
the amount of such assessment if the payment thereof would necessitate a
state  appropriation  for  the  purpose,  or  would  otherwise impose an
extraordinary hardship upon the affected public benefit corporation. The
aggregate amount assessed under this section in any given  state  fiscal
year may not exceed [sixty] SIXTY-FIVE million dollars.
  S 2. This act shall take effect immediately.

                                 PART BB

  Section  1.  Section  1678 of the public authorities law is amended by
adding two new subdivisions 26 and 27 to read as follows:
  26. TO ENTER INTO A DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT  WITH
THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, PURSUANT TO WHICH ONE OR
MORE FACILITIES ARE TO BE DESIGNED, CONSTRUCTED, RECONSTRUCTED, REHABIL-
ITATED, IMPROVED, FURNISHED OR EQUIPPED FOR SUCH  DEPARTMENT.  ANY  SUCH
DESIGN  AND  CONSTRUCTION  MANAGEMENT AGREEMENT ENTERED INTO PURSUANT TO
THIS SUBDIVISION SHALL PROVIDE FOR THE FOLLOWING: THE  SCOPE  OF  DESIGN
AND  CONSTRUCTION  MANAGEMENT  SERVICES TO BE PROVIDED BY THE AUTHORITY,
THE MANNER IN WHICH THOSE SERVICES WILL BE  PROVIDED,  THE  FEES  TO  BE
CHARGED  BY  THE AUTHORITY AND THE SOURCES OF FUNDS FOR THE PROJECTS. NO
DESIGN-BUILD CONTRACT AS DEFINED IN CHAPTER FIFTY-SIX OF THE LAWS OF TWO
THOUSAND ELEVEN SHALL BE AWARDED PURSUANT TO THIS SUBDIVISION.
  27. TO ENTER INTO A DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT  WITH
THE  OFFICE  OF PARKS, RECREATION AND HISTORIC PRESERVATION, PURSUANT TO
WHICH ONE OR MORE FACILITIES ARE TO  BE  DESIGNED,  CONSTRUCTED,  RECON-
STRUCTED,  REHABILITATED,  IMPROVED,  FURNISHED  OR  EQUIPPED  FOR  SUCH
OFFICE. ANY SUCH DESIGN AND CONSTRUCTION  MANAGEMENT  AGREEMENT  ENTERED
INTO  PURSUANT  TO THIS SUBDIVISION SHALL PROVIDE FOR THE FOLLOWING: THE
SCOPE OF DESIGN AND CONSTRUCTION MANAGEMENT SERVICES TO BE  PROVIDED  BY
THE  AUTHORITY, THE MANNER IN WHICH THOSE SERVICES WILL BE PROVIDED, THE
FEES TO BE CHARGED BY THE AUTHORITY AND THE SOURCES  OF  FUNDS  FOR  THE
PROJECTS.  NO  DESIGN-BUILD  CONTRACT AS DEFINED IN CHAPTER FIFTY-SIX OF
THE LAWS OF TWO THOUSAND ELEVEN SHALL BE AWARDED PURSUANT TO THIS SUBDI-
VISION.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed April 1, 2013.

S. 6258--D                         45                         A. 9058--D

                                 PART CC
                          Intentionally omitted

                                 PART DD

  Section  1.  Subdivision  4  of section 1896 of the public authorities
law, as added by chapter 388 of the laws of 2011, is amended and  a  new
subdivision 5 is added to read as follows:
  4.  [(a)]  Qualified  energy  efficiency  services  [repaid through an
on-bill recovery mechanism] THAT HAVE BEEN PAID FOR IN WHOLE OR IN  PART
WITH  THE  PROCEEDS  OF  A  LOAN  UNDER THIS TITLE shall be considered a
special energy project pursuant to section eighteen hundred fifty-one of
this article. [The  New  York  state  energy  research  and  development
authority  shall  secure every loan issued for such services that are to
be repaid through an on-bill recovery mechanism with a mortgage upon the
real property that is improved by such services. Such mortgage shall  be
recorded  pursuant to section two hundred ninety-one-d of the real prop-
erty law.
  (b) All terms and provisions of a green jobs-green New  York  mortgage
pursuant  to  this  subdivision  shall be subject and subordinate to the
lien of any mortgage or mortgages on such property.  When  a  subsequent
purchaser  of  the  property is granted a mortgage, the green jobs-green
New York mortgage shall be subordinate to the terms of that mortgage.
  (c) The mortgagee shall not retain any right  to  enforce  payment  or
foreclose upon the property.]
  5.  (A)  FOR EACH LOAN ISSUED FOR QUALIFIED ENERGY EFFICIENCY SERVICES
THAT IS TO BE REPAID THROUGH AN ON-BILL RECOVERY MECHANISM, THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL  RECORD,  PURSUANT
TO ARTICLE NINE OF THE REAL PROPERTY LAW, IN THE OFFICE OF THE APPROPRI-
ATE  RECORDING  OFFICER,  A  DECLARATION  WITH  RESPECT  TO THE PROPERTY
IMPROVED BY SUCH SERVICES OF THE EXISTENCE OF THE LOAN AND  STATING  THE
TOTAL  AMOUNT  OF  THE  LOAN, THE TERM OF THE LOAN, AND THAT THE LOAN IS
BEING REPAID THROUGH A CHARGE ON AN ELECTRIC  OR  GAS  METER  ASSOCIATED
WITH  THE PROPERTY. THE DECLARATION SHALL FURTHER STATE THAT IT IS BEING
FILED PURSUANT TO THIS SECTION AND, UNLESS FULLY SATISFIED PRIOR TO SALE
OR TRANSFER OF THE PROPERTY, THE LOAN  REPAYMENT  UTILITY  METER  CHARGE
SHALL  SURVIVE CHANGES IN OWNERSHIP, TENANCY, OR METER ACCOUNT RESPONSI-
BILITY AND, UNTIL FULLY SATISFIED, SHALL CONSTITUTE  THE  OBLIGATION  OF
THE PERSON RESPONSIBLE FOR THE METER ACCOUNT. SUCH DECLARATION SHALL NOT
CONSTITUTE A MORTGAGE AND SHALL NOT CREATE ANY SECURITY INTEREST OR LIEN
ON THE PROPERTY. UPON SATISFACTION OF THE LOAN, THE AUTHORITY SHALL FILE
A DECLARATION OF REPAYMENT PURSUANT TO ARTICLE NINE OF THE REAL PROPERTY
LAW.
  (B)  THE  RECORDING OFFICER SHALL RECORD SUCH DECLARATIONS IN THE SAME
BOOK, PROVIDED UNDER SECTION THREE HUNDRED FIFTEEN OF THE REAL  PROPERTY
LAW, IN WHICH SUCH RECORDING OFFICER RECORDS DEEDS.
  S 2. The real property law is amended by adding a new section 291-j to
read as follows:
  S  291-J.  RECORDING  OF  DECLARATIONS  BY  THE  NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY.  PURSUANT  TO  SUBDIVISION  FIVE  OF
SECTION  EIGHTEEN  HUNDRED NINETY-SIX OF THE PUBLIC AUTHORITIES LAW, THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL RECORD OR
CAUSE TO BE RECORDED, IN THE OFFICE OF THE APPROPRIATE  RECORDING  OFFI-
CER, A DECLARATION EVIDENCING THE EXISTENCE OF A LOAN AS DESCRIBED THER-
EIN  AND,  UPON  SATISFACTION  OF SUCH LOAN, SUCH AUTHORITY SHALL FILE A

S. 6258--D                         46                         A. 9058--D

DECLARATION OF REPAYMENT AND FULL SATISFACTION  OF  THE  LOAN  REPAYMENT
UTILITY  METER  CHARGE. THE RECORDING OFFICER SHALL RECORD SUCH DECLARA-
TIONS IN THE SAME BOOK, PROVIDED UNDER SECTION THREE HUNDRED FIFTEEN  OF
THE REAL PROPERTY LAW, IN WHICH SUCH RECORDING OFFICER RECORDS DEEDS.
  S 3. This act shall take effect immediately.

                                 PART EE

  Section  1.  Subdivision  3  of  section  19-0323 of the environmental
conservation law, as amended by section 1 of part BB of  chapter  60  of
the  laws  of  2011 and the closing paragraph as added by chapter 629 of
the laws of 2006, is amended to read as follows:
  3. Any diesel powered heavy duty vehicle that is owned by, operated by
or on behalf of, or leased by a state  agency  and  state  and  regional
public  authority with more than half of its governing body appointed by
the governor shall utilize the best available  retrofit  technology  for
reducing  the  emission of pollutants. The commissioner shall promulgate
regulations for the implementation of this subdivision  specifying  that
all  vehicles  covered  by  this  subdivision  shall have best available
retrofit technology on or before December 31, [2012] 2013.
  This subdivision shall not apply to any vehicle subject to a lease  or
public  works  contract  entered  into or renewed prior to the effective
date of this section.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after December 31, 2012.

                                 PART FF

  Section  1.  The environmental conservation law is amended by adding a
new section 11-0706 to read as follows:
S 11-0706. GIFT CARDS FOR HUNTING AND FISHING LICENSES.
  1. THE COMMISSIONER IS AUTHORIZED TO  ESTABLISH  GIFT  CARDS  FOR  THE
LICENSES AND STAMPS SET FORTH IN SECTION 11-0701 OF THIS TITLE.
  2.  FOR  THE PURPOSES OF THIS TITLE, THE TERM "GIFT CARD" SHALL MEAN A
RESTRICTED MONETARY EQUIVALENT OR VOUCHER THAT,  WHEN  REDEEMED  BY  THE
HOLDER, ENTITLES SUCH PERSON TO A VALID LICENSE OR STAMP AS SET FORTH IN
SECTION 11-0701 OF THIS TITLE.
  S 2. This act shall take effect immediately.

                                 PART GG

  Section  1.  Short  title. This act shall be known and may be cited as
the "western New York power proceeds allocation act".
  S 2. The economic development law is amended by adding a  new  article
6-A to read as follows:
                                ARTICLE 6-A
             WESTERN NEW YORK POWER PROCEEDS ALLOCATION ACT
SECTION 189-A. DEFINITIONS.
        189-B. THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION BOARD.
        189-C. GENERAL POWERS AND DUTIES OF THE BOARD.
        189-D. RULES AND REGULATIONS.
  S  189-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "AUTHORITY" IS THE POWER AUTHORITY OF THE STATE OF NEW YORK.
  2. "BOARD" IS THE WESTERN NEW YORK  POWER  PROCEEDS  ALLOCATION  BOARD
CREATED BY THIS ARTICLE.

S. 6258--D                         47                         A. 9058--D

  3.  "BENEFITS"  OR "FUND BENEFITS" ARE PAYMENTS TO ELIGIBLE APPLICANTS
SELECTED BY THE AUTHORITY FOR THE PURPOSE OF FUNDING  ELIGIBLE  PROJECTS
WITH  MONIES DERIVED FROM NET EARNINGS THAT HAVE BEEN DEPOSITED INTO THE
WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND.
  4.   "ELIGIBLE  APPLICANT"  MEANS  A  PRIVATE  BUSINESS,  INCLUDING  A
NOT-FOR-PROFIT CORPORATION.
  5. "ELIGIBLE PROJECTS" ARE ECONOMIC DEVELOPMENT PROJECTS  BY  ELIGIBLE
APPLICANTS  THAT  ARE  PHYSICALLY  LOCATED  WITHIN THE STATE OF NEW YORK
WITHIN A THIRTY MILE RADIUS OF THE  NIAGARA  POWER  PROJECT  LOCATED  IN
LEWISTON, NEW YORK THAT WILL SUPPORT THE GROWTH OF BUSINESS IN THE STATE
AND THEREBY LEAD TO THE CREATION OR MAINTENANCE OF JOBS AND TAX REVENUES
FOR THE STATE AND LOCAL GOVERNMENTS. ELIGIBLE PROJECTS MAY INCLUDE CAPI-
TAL  INVESTMENTS  IN BUILDINGS, EQUIPMENT, AND ASSOCIATED INFRASTRUCTURE
(COLLECTIVELY, "INFRASTRUCTURE") OWNED BY AN ELIGIBLE APPLICANT FOR FUND
BENEFITS; TRANSPORTATION PROJECTS  UNDER  STATE  OR  FEDERALLY  APPROVED
PLANS;  THE  ACQUISITION OF LAND NEEDED FOR INFRASTRUCTURE; RESEARCH AND
DEVELOPMENT WHERE THE RESULTS OF  SUCH  RESEARCH  AND  DEVELOPMENT  WILL
DIRECTLY  BENEFIT  NEW YORK STATE; SUPPORT FOR TOURISM AND MARKETING AND
ADVERTISING EFFORTS FOR WESTERN NEW YORK STATE TOURISM AND BUSINESS; AND
ENERGY-RELATED PROJECTS.   ELIGIBLE PROJECTS DO NOT  INCLUDE,  AND  FUND
BENEFITS  MAY  NOT BE USED FOR, PUBLIC INTEREST ADVERTISING OR ADVOCACY;
LOBBYING; THE SUPPORT OR OPPOSITION OF ANY CANDIDATE FOR PUBLIC  OFFICE;
THE  SUPPORT  OR  OPPOSITION  TO ANY PUBLIC ISSUE; LEGAL FEES RELATED TO
LITIGATION OF ANY KIND; EXPENSES RELATED TO  ADMINISTRATIVE  PROCEEDINGS
BEFORE  STATE  OR LOCAL AGENCIES; OR RETAIL BUSINESSES AS DEFINED BY THE
BOARD, INCLUDING WITHOUT LIMITATION, SPORTS VENUES, GAMING AND  GAMBLING
OR  ENTERTAINMENT-RELATED  ESTABLISHMENTS,  RESIDENTIAL  PROPERTIES,  OR
PLACES OF OVERNIGHT ACCOMMODATION.
  6. "ENERGY-RELATED PROJECTS, PROGRAMS AND  SERVICES"  SHALL  HAVE  THE
SAME  MEANING  AS  SUCH TERM IS DEFINED IN SUBPARAGRAPH TWO OF PARAGRAPH
(B) OF SUBDIVISION SEVENTEEN OF SECTION ONE THOUSAND FIVE OF THE  PUBLIC
AUTHORITIES LAW.
  7.  "EXPANSION  POWER"  IS  THE  TWO  HUNDRED  FIFTY MEGAWATTS OF FIRM
NIAGARA PROJECT HYDROELECTRIC POWER AND "REPLACEMENT POWER" IS THE  FOUR
HUNDRED FORTY-FIVE MEGAWATTS OF FIRM NIAGARA PROJECT HYDROELECTRIC POWER
AS  SUCH  TERMS ARE DEFINED IN SUBDIVISION THIRTEEN OF SECTION ONE THOU-
SAND FIVE OF THE PUBLIC AUTHORITIES LAW. FOR PURPOSES OF  THIS  ARTICLE,
"EXPANSION  AND REPLACEMENT POWER" MEANS THE ENERGY ASSOCIATED WITH SUCH
POWER. NOTWITHSTANDING ANY LAW,  RULE,  REGULATION,  OR  POLICY  TO  THE
CONTRARY,  AS  OF  THE  FIRST DAY OF JULY, TWO THOUSAND TWELVE, THE TERM
REPLACEMENT POWER AS USED IN THIS ARTICLE  INCLUDES  A  CERTAIN  SEVENTY
MEGAWATTS  OF  POWER  THAT  IS  REFERRED  TO  IN SUBDIVISION THIRTEEN OF
SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW.
  8. "NET EARNINGS" IS THE AGGREGATE EXCESS OF REVENUES RECEIVED BY  THE
POWER  AUTHORITY OF THE STATE OF NEW YORK FROM THE SALE OF EXPANSION AND
REPLACEMENT POWER AND ENERGY PRODUCED AT THE NIAGARA  PROJECT  THAT  WAS
SOLD  IN  THE WHOLESALE ENERGY MARKET OVER WHAT REVENUES WOULD HAVE BEEN
RECEIVED HAD SUCH ENERGY BEEN SOLD ON A FIRM BASIS TO AN ELIGIBLE EXPAN-
SION OR REPLACEMENT  POWER  CUSTOMER  UNDER  THE  APPLICABLE  TARIFF  OR
CONTRACT.
  9. "WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND" OR "FUND" IS A FUND OF
THE AUTHORITY INTO WHICH ALL NET EARNINGS ARE DEPOSITED BY THE AUTHORITY
IN  ACCORDANCE  WITH  SUBDIVISION TWENTY OF SECTION ONE THOUSAND FIVE OF
THE PUBLIC AUTHORITIES LAW AND FROM WHICH ALLOCATIONS OF  FUND  BENEFITS
TO ELIGIBLE PROJECTS MAY BE MADE.

S. 6258--D                         48                         A. 9058--D

  S  189-B.  THE  WESTERN  NEW  YORK POWER PROCEEDS ALLOCATION BOARD. 1.
THERE IS HEREBY CREATED THE WESTERN NEW YORK POWER  PROCEEDS  ALLOCATION
BOARD,  WHICH  SHALL POSSESS THE POWERS AND DUTIES HEREIN SPECIFIED. THE
BOARD SHALL CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVER-
NOR  AS  FOLLOWS: ONE OF WHOM SHALL BE APPOINTED UPON THE RECOMMENDATION
OF THE TEMPORARY PRESIDENT OF THE SENATE AND  SHALL  RESIDE  WITHIN  THE
THIRTY  MILE  RADIUS  OF THE NIAGARA POWER PROJECT, ONE OF WHOM SHALL BE
APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER  OF  THE  ASSEMBLY  AND
SHALL RESIDE WITHIN THE THIRTY MILE RADIUS OF THE NIAGARA POWER PROJECT,
AND  AT  LEAST  ONE  ADDITIONAL  MEMBER WHO SHALL ALSO RESIDE WITHIN THE
THIRTY MILE RADIUS OF THE NIAGARA  POWER  PROJECT.  THE  GOVERNOR  SHALL
DESIGNATE A CHAIR FROM AMONGST THE BOARD'S MEMBERS.
  2.  EACH  MEMBER SHALL SERVE A TERM OF FIVE YEARS OR UNTIL A SUCCESSOR
SHALL HAVE BEEN NAMED AND  QUALIFIED.  MEMBERS  MAY  BE  REAPPOINTED  TO
SUCCESSIVE TERMS.
  3.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THREE
MEMBERS SHALL CONSTITUTE A QUORUM FOR THE  PURPOSES  OF  ORGANIZING  THE
BOARD AND CONDUCTING THE BUSINESS THEREOF. NO ACTION OF THE BOARD MAY BE
TAKEN  EXCEPT  UPON  AN AFFIRMATIVE VOTE OF AT LEAST THREE-FIFTHS OF THE
FULL BOARD MEMBERSHIP AT ANY MEETING AT WHICH AT LEAST THREE MEMBERS ARE
PRESENT OR PARTICIPATING BY VIDEOCONFERENCING. VIDEOCONFERENCING MAY  BE
USED FOR ATTENDANCE AND PARTICIPATION BY MEMBERS OF THE BOARD. IF VIDEO-
CONFERENCING  IS  USED,  THE  BOARD SHALL PROVIDE AN OPPORTUNITY FOR THE
PUBLIC TO ATTEND, LISTEN AND OBSERVE AT  ANY  SITE  AT  WHICH  A  MEMBER
PARTICIPATES. THE PUBLIC NOTICE FOR THE MEETING SHALL IDENTIFY, IF PRAC-
TICABLE, ALL LOCATIONS WHERE A MEMBER WILL PARTICIPATE IN THE MEETING BY
VIDEOCONFERENCE  AND SHALL STATE THAT THE PUBLIC HAS THE RIGHT TO ATTEND
THE MEETING AT ANY SUCH LOCATION.
  4. MEMBERS OF THE BOARD, EXCEPT THOSE THAT ARE EMPLOYEES  OR  OFFICERS
OF THE STATE, ITS AUTHORITIES OR AGENCIES, SHALL NOT RECEIVE A SALARY OR
OTHER  COMPENSATION,  BUT  SHALL  BE  ALLOWED  THE  NECESSARY AND ACTUAL
EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES UNDER THIS ARTICLE.
  S 189-C. GENERAL POWERS AND DUTIES OF THE BOARD. 1.  THE  BOARD  SHALL
ESTABLISH  PROCEDURES  AND  GUIDELINES RELATING TO THE ACTIVITIES OF THE
BOARD.
  2. THE BOARD SHALL ESTABLISH PROCEDURES THROUGH  WRITTEN  POLICIES  OR
STANDARDS  FOR REVIEWING APPLICATIONS FOR AN ALLOCATION OF FUND BENEFITS
THAT SHALL INCLUDE A REVIEW OF  APPLICATIONS  NO  LESS  FREQUENTLY  THAN
TWICE  EACH  YEAR. THE BOARD, OR A MEMBER DESIGNATED BY THE BOARD, SHALL
RECEIVE ALL APPLICATIONS FROM, OR ON BEHALF OF, ELIGIBLE APPLICANTS  FOR
FUND BENEFITS. APPLICATIONS SHALL BE IN A FORM AND CONTAIN SUCH INFORMA-
TION,  DATA AND EXHIBITS AS THE BOARD, IN CONSULTATION WITH THE AUTHORI-
TY, MAY PRESCRIBE.
  3. THE BOARD MAY REQUEST FROM THE AUTHORITY AN ANALYSIS OF ANY  APPLI-
CATION  ALONG WITH ANY RECOMMENDATIONS. IN ADDITION, THE AUTHORITY SHALL
SUPPLY ANY SUCH ADDITIONAL INFORMATION AS IS  REASONABLY  NECESSARY  FOR
THE BOARD TO PERFORM ITS DUTIES.
  4.  IN  REVIEWING  APPLICATIONS FOR FUND BENEFITS, THE BOARD SHALL USE
THE CRITERIA FOR ELIGIBILITY FOR EXPANSION, REPLACEMENT AND PRESERVATION
POWER AND FOR REVITALIZATION OF INDUSTRY  AS  PROVIDED  IN  SECTION  ONE
THOUSAND  FIVE  OF  THE  PUBLIC  AUTHORITIES LAW. IN ADDITION, THE BOARD
SHALL CONSIDER THE EXTENT TO WHICH AN AWARD OF FUND BENEFITS IS CONSIST-
ENT WITH ANY REGIONAL ECONOMIC DEVELOPMENT COUNCIL STRATEGIES AND PRIOR-
ITIES HAVING RESPONSIBILITY FOR THE REGION IN WHICH THE ELIGIBLE PROJECT
IS LOCATED. THE BOARD SHALL ISSUE A WRITTEN STATEMENT  OF  ITS  FINDINGS
AND RECOMMENDATIONS FOR EACH APPLICATION REVIEWED.

S. 6258--D                         49                         A. 9058--D

  5.  THE  BOARD SHALL RECOMMEND TO THE AUTHORITY THE ALLOCATION OF FUND
BENEFITS TO ELIGIBLE PROJECTS THAT THE BOARD FINDS ARE  CONSISTENT  WITH
THE  APPLICABLE  CRITERIA IN SUBDIVISION FOUR OF THIS SECTION. THE BOARD
MAY INCLUDE WITHIN ITS RECOMMENDATIONS SUCH RECOMMENDED TERMS AND CONDI-
TIONS AS IT DEEMS APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, REASONABLE
PROVISION  FOR THE ALLOCATION OF FUND BENEFITS OVER TIME AS THE ELIGIBLE
APPLICANT ACHIEVES MILESTONES TOWARDS PROJECT COMPLETION, THE PARTIAL OR
COMPLETE WITHDRAWAL OR RETURN OF FUND BENEFITS WHERE THE  RECIPIENT  HAS
FAILED  TO ACHIEVE OR MAINTAIN MUTUALLY AGREED UPON COMMITMENTS, OR SUCH
OTHER TERMS AND CONDITIONS AS THE BOARD DEEMS ADVISABLE. THE BOARD SHALL
NOT RECOMMEND AN ALLOCATION  OF  FUND  BENEFITS  PRIOR  TO  ESTABLISHING
PROCEDURES  FOR  REVIEWING  APPLICATIONS  PURSUANT TO SUBDIVISION TWO OF
THIS SECTION.
  6. A RECOMMENDATION BY THE BOARD THAT AN ELIGIBLE APPLICANT RECEIVE AN
ALLOCATION OF FUND BENEFITS SHALL BE A PREREQUISITE TO AN AWARD OF  FUND
BENEFITS BY THE AUTHORITY. THE AUTHORITY SHALL AWARD FUND BENEFITS TO AN
APPLICANT  UPON  A  RECOMMENDATION OF THE BOARD; PROVIDED, HOWEVER, THAT
UPON A SHOWING OF GOOD CAUSE, THE AUTHORITY SHALL HAVE DISCRETION AS  TO
WHETHER  TO  ADOPT THE BOARD'S RECOMMENDATION, OR TO AWARD BENEFITS IN A
DIFFERENT AMOUNT  OR  ON  DIFFERENT  TERMS  AND  CONDITIONS  THAN  THOSE
CONTAINED IN THE RECOMMENDATION OF THE BOARD.  ALLOCATIONS OF FUND BENE-
FITS  SHALL  ONLY  BE  MADE  ON THE BASIS OF NET EARNINGS THAT HAVE BEEN
DEPOSITED IN THE WESTERN NEW YORK ECONOMIC DEVELOPMENT FUND. NO AWARD OF
FUND BENEFITS SHALL ENCUMBER FUTURE NET EARNINGS OR  NET  EARNINGS  THAT
HAVE  BEEN  RECEIVED  BUT NOT DEPOSITED IN THE WESTERN NEW YORK ECONOMIC
DEVELOPMENT FUND.
  7. UPON MAKING AN ALLOCATION OF FUND  BENEFITS,  THE  AUTHORITY  SHALL
INCLUDE  WITHIN  THE  AGREEMENT  PROVIDING  FOR THE TERMS AND CONDITIONS
APPLICABLE TO SUCH ALLOCATION ALL TERMS  AND  CONDITIONS  THE  AUTHORITY
DEEMS  APPROPRIATE,  TAKING INTO ACCOUNT THE RECOMMENDATIONS MADE BY THE
BOARD.
  S 189-D. RULES AND REGULATIONS. THE AUTHORITY IS HEREBY AUTHORIZED  TO
PROMULGATE  SUCH  RULES AND REGULATIONS AS IT DEEMS NECESSARY TO FULFILL
THE PURPOSES OF THIS ARTICLE.
  S 3. Section 1005 of the public authorities law is amended  by  adding
five new subdivisions 19, 20, 21, 22 and 23 to read as follows:
  19.  TO  COOPERATE WITH THE WESTERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD AND PROVIDE THE BOARD WITH SUCH INFORMATION AND ASSISTANCE AS  THE
BOARD REASONABLY REQUESTS, INCLUDING REASONABLE STAFF SERVICES, ACCOUNT-
ING,  CLERICAL  AND  SECRETARIAL ASSISTANCE, OFFICE SPACE, AND EQUIPMENT
REASONABLY REQUESTED BY THE WESTERN NEW YORK POWER  PROCEEDS  ALLOCATION
BOARD TO FULFILL ITS DUTIES.
  20.  TO  ESTABLISH  AN  ACCOUNT  TO  BE  KNOWN AS THE WESTERN NEW YORK
ECONOMIC DEVELOPMENT FUND, WHICH SHALL  CONSIST  OF  "NET  EARNINGS"  AS
DEFINED  IN  ARTICLE SIX-A OF THE ECONOMIC DEVELOPMENT LAW, DEPOSITED IN
SUCH AMOUNTS AS DETERMINED TO BE FEASIBLE AND ADVISABLE BY THE TRUSTEES.
SUCH EARNINGS SHALL BE DEPOSITED NO LESS FREQUENTLY THAN QUARTERLY.  THE
FIRST  DEPOSIT  INTO THE FUND SHALL BE MADE NINETY DAYS AFTER THE EFFEC-
TIVE DATE OF THIS SUBDIVISION, AND SHALL INCLUDE ALL SUCH  NET  EARNINGS
ACCRUED  SINCE  THE EFFECTIVE DATE OF CHAPTER FOUR HUNDRED THIRTY-SIX OF
THE LAWS OF TWO THOUSAND TEN. AT LEAST FIFTEEN  PERCENT  OF  SUCH  FUNDS
SHALL  BE  DEDICATED  TOWARDS ELIGIBLE PROJECTS WHICH ARE ENERGY-RELATED
PROJECTS, PROGRAMS AND SERVICES AS SUCH TERM IS DEFINED IN  SUBPARAGRAPH
TWO OF PARAGRAPH (B) OF SUBDIVISION SEVENTEEN OF THIS SECTION.  IN ADDI-
TION  TO  FUNDING  ELIGIBLE PROJECTS, AS DEFINED IN ARTICLE SIX-A OF THE
ECONOMIC DEVELOPMENT LAW, THE AUTHORITY MAY USE WESTERN NEW YORK ECONOM-

S. 6258--D                         50                         A. 9058--D

IC DEVELOPMENT FUND MONIES TO COVER REASONABLE COSTS AND EXPENSES OF THE
AUTHORITY RELATED TO THE MANAGEMENT AND ADMINISTRATION  OF  THE  WESTERN
NEW  YORK  POWER PROCEEDS ALLOCATION PROGRAM CREATED BY ARTICLE SIX-A OF
THE ECONOMIC DEVELOPMENT LAW.
  21. THE AUTHORITY MAY, IN ITS DISCRETION, CONSULT WITH THE WESTERN NEW
YORK POWER PROCEEDS ALLOCATION BOARD IN THE APPLICATION PROCESS RELATING
TO THE ALLOCATION OF EXPANSION POWER AND REPLACEMENT POWER.
  22. THE AUTHORITY SHALL ESTABLISH PROCESSES FOR APPLICATION REVIEW AND
ALLOCATION OF FUND BENEFITS PROVIDED FOR IN ARTICLE SIX-A OF THE ECONOM-
IC DEVELOPMENT LAW.
  23. THE AUTHORITY SHALL INCLUDE IN THE ANNUAL REPORT PREPARED PURSUANT
TO  SUBDIVISION  EIGHTEEN OF THIS SECTION, AN ACCOUNTING FOR THE SUBJECT
YEAR THAT PROVIDES (A) THE AMOUNT OF  EXPANSION  POWER  AND  REPLACEMENT
POWER  SOLD  INTO THE WHOLESALE MARKET BY THE AUTHORITY, AND (B) THE NET
EARNINGS, AS SUCH TERM IS DEFINED IN SECTION ONE  HUNDRED  EIGHTY-NINE-A
OF THE ECONOMIC DEVELOPMENT LAW, PAID INTO THE WESTERN NEW YORK ECONOMIC
DEVELOPMENT FUND.
  S  4.  Chapter 436 of the laws of 2010 amending the public authorities
law and the economic development law, relating  to  authorizing  unallo-
cated  expansion  or  replacement  power to be allocated for western New
York economic development fund benefits, is REPEALED.
  S 5. This act shall take effect immediately.

                                 PART HH

  Section 1. The state finance law is amended by adding  a  new  article
5-E to read as follows:
                               ARTICLE 5-E
                        INFRASTRUCTURE INVESTMENT
SECTION 69-I. THE NEW YORK WORKS TASK FORCE.
        69-J. THE NEW YORK WORKS TASK FORCE; GOVERNANCE.
        69-K. THE NEW YORK WORKS TASK FORCE; EXECUTIVE DIRECTOR, EMPLOY-
                EES.
        69-L. THE NEW YORK WORKS TASK FORCE; CODE OF CONDUCT.
  S  69-I.  THE NEW YORK WORKS TASK FORCE.  1. THERE SHALL BE A NEW YORK
WORKS TASK FORCE THAT WILL ADVISE ON COORDINATING THE CAPITAL  PLANS  OF
NEW YORK STATE AGENCIES AND AUTHORITIES, INCLUDING LEVERAGING AND ACCEL-
ERATING  FUNDING STREAMS AND FINANCING MECHANISMS TO ENHANCE INFRASTRUC-
TURE INVESTMENT THROUGHOUT NEW YORK STATE.
  2. THE NEW YORK WORKS TASK FORCE SHALL:
  (A) DEVELOP A COORDINATED  CAPITAL  INFRASTRUCTURE  PLAN  AMONG  STATE
AGENCIES  AND  AUTHORITIES.  THE  PLAN  SHALL FOCUS ON THE EFFICIENT AND
ACCELERATED DEPLOYMENT OF  RESOURCES  TO  MEET  REGIONAL  AND  STATEWIDE
INFRASTRUCTURE  NEEDS AND SHALL CONSIDER THE EXTENT TO WHICH THE PLAN IS
CONSISTENT WITH THE REGIONAL ECONOMIC DEVELOPMENT  PLANS  DESIGNATED  BY
THE CHAIR OF THE URBAN DEVELOPMENT CORPORATION;
  (B)  RECOMMEND  PRIORITIZATION  OF CAPITAL INFRASTRUCTURE PROJECTS AND
THE ALLOCATION OF CAPITAL RESOURCES;
  (C) MAKE RECOMMENDATIONS ON  FACILITATING  THE  EXPEDITING  OF  PERMIT
APPROVALS,  REGULATORY  APPROVALS,  AND OTHER STATE ACTIONS NECESSARY TO
ADVANCE PRIORITY INFRASTRUCTURE PROJECTS;
  (D) RECOMMEND FINANCING OPTIONS FOR INFRASTRUCTURE PROJECTS  INCLUDING
BUT  NOT  LIMITED  TO  STATE  SUPPORTED  DEBT, FEDERAL FUNDING AND OTHER
FINANCE VEHICLES; AND
  (E) ADVISE STATE AGENCIES AND AUTHORITIES ON THE  USE  OF  METHODS  OF
PROCUREMENT AND CONTRACTING.

S. 6258--D                         51                         A. 9058--D

  3.  THE  DEPARTMENT OF TRANSPORTATION SHALL PROVIDE A TWO-YEAR CAPITAL
PLAN FOR THE YEARS TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN AND  TWO
THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN TO THE NEW YORK WORKS TASK FORCE
FOR  ITS  ADVICE  AND RECOMMENDATIONS TO COORDINATE AND ADDRESS REGIONAL
TRANSPORTATION NEEDS.
  4.  THE  NEW  YORK  WORKS  TASK  FORCE SHALL PRODUCE AN INFRASTRUCTURE
REPORT INCLUDING THE CAPITAL PLAN SUBMITTED TO IT PURSUANT  TO  SUBDIVI-
SION  THREE  OF THIS SECTION TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY,  MINORITY  LEADER  OF  THE  SENATE  AND
MINORITY LEADER OF THE ASSEMBLY ANNUALLY ON SEPTEMBER FIRST.
  S  69-J.  THE  NEW YORK WORKS TASK FORCE; GOVERNANCE.  1. THE NEW YORK
WORKS TASK FORCE SHALL CONSIST OF FIFTEEN MEMBERS, EACH OF WHOM SHALL BE
APPOINTED BY THE GOVERNOR AND TWO OF WHOM SHALL BE APPOINTED UPON RECOM-
MENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE, TWO OF WHOM SHALL BE
APPOINTED UPON RECOMMENDATION OF THE SPEAKER OF  THE  ASSEMBLY,  ONE  OF
WHOM  SHALL  BE APPOINTED UPON THE RECOMMENDATION OF THE MINORITY LEADER
OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED UPON THE RECOMMENDATION
OF THE MINORITY LEADER OF THE ASSEMBLY. AT  LEAST  ONE  OF  THE  MEMBERS
APPOINTED  BY  THE GOVERNOR SHALL REPRESENT ORGANIZED LABOR. THE MEMBERS
APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE MINORITY LEADER
OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY SHALL BE  NON-VOT-
ING  MEMBERS.  EACH  PERSON  APPOINTED  TO THE NEW YORK WORKS TASK FORCE
SHALL HAVE PROFESSIONAL EXPERIENCE IN ANY ONE OR MORE OF  THE  FOLLOWING
AREAS:   (A)  THE  DEVELOPMENT,  CONSTRUCTION,  OWNERSHIP,  MAINTENANCE,
MANAGEMENT OR FINANCE OF INFRASTRUCTURE ASSETS; (B) ECONOMIC DEVELOPMENT
OR PROJECT DEVELOPMENT OR FINANCE; OR (C) LABOR RELATIONS.
  2. THE NEW YORK WORKS TASK FORCE  SHALL  ESTABLISH  AN  IMPLEMENTATION
COUNCIL  COMPRISED  OF:  THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE
COMMISSIONERS OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT, THE  DEPARTMENT
OF  TRANSPORTATION,  THE  OFFICE  OF GENERAL SERVICES, THE DEPARTMENT OF
LABOR, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND  THE  OFFICE  OF
PARKS, RECREATION AND HISTORIC PRESERVATION, THE SECRETARY OF STATE, THE
CHANCELLORS  OF THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY
OF NEW YORK, THE PRESIDENT AND CHIEF EXECUTIVE OFFICER OF  THE  ENVIRON-
MENTAL FACILITIES CORPORATION, AND THE EXECUTIVE DIRECTORS OF THE DORMI-
TORY  AUTHORITY  OF THE STATE OF NEW YORK, THE NEW YORK POWER AUTHORITY,
THE LONG ISLAND POWER AUTHORITY, THE NEW YORK STATE ENERGY RESEARCH  AND
DEVELOPMENT  AUTHORITY,  THE NEW YORK STATE BRIDGE AUTHORITY, THE METRO-
POLITAN TRANSPORTATION AUTHORITY, THE NEW YORK STATE  THRUWAY  AUTHORITY
AND THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE DIRECTOR OF STATE
OPERATIONS  AND  SUCH  OTHER MEMBERS AS THE NEW YORK WORKS TASK FORCE OR
THE GOVERNOR MAY DETERMINE SHALL FACILITATE THE PURPOSES OF THE NEW YORK
WORKS TASK FORCE.  EACH MEMBER OF THE IMPLEMENTATION COUNCIL MAY  DESIG-
NATE  AN  INDIVIDUAL  TO  ATTEND  AND PARTICIPATE IN NEW YORK WORKS TASK
FORCE MEETINGS AND DELIBERATIONS ON HIS OR HER BEHALF.
  3. UPON RECOMMENDATION OF  THE  NOMINATING  PARTY,  THE  GOVERNOR  MAY
REPLACE ANY MEMBER IN ACCORDANCE WITH THE PROVISION CONTAINED HEREIN FOR
THE  APPOINTMENT  OF  MEMBERS. VACANCIES OCCURRING IN THE NEW YORK WORKS
TASK FORCE SHALL BE FILLED  BY  USING  THE  SAME  APPOINTMENT  PROCEDURE
ESTABLISHED HEREIN.
  4.  NO  OFFICER OR EMPLOYEE OF THE STATE, OF ANY POLITICAL SUBDIVISION
OF THE STATE, OF ANY GOVERNMENTAL ENTITY OPERATING ANY PUBLIC SCHOOL  OR
COLLEGE  OR  OF  ANY  OTHER  PUBLIC AGENCY OR INSTRUMENTALITY OR UNIT OF
GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWERS UNDER  THE  LAWS  OF  THE
STATE,  SHALL  FORFEIT SUCH OFFICE OR EMPLOYMENT BY REASON OF ACCEPTANCE
OF APPOINTMENT AS A MEMBER OF THE NEW YORK WORKS TASK FORCE;  NOR  SHALL

S. 6258--D                         52                         A. 9058--D

SERVICE  AS  SUCH  MEMBER, REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT OF
THE NEW YORK WORKS TASK FORCE BE DEEMED INCOMPATIBLE OR IN CONFLICT WITH
SUCH OFFICE OR EMPLOYMENT.
  5. NEW YORK WORKS TASK FORCE MEMBERS SHALL RECEIVE NO REMUNERATION FOR
THEIR  SERVICES AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECES-
SARY EXPENSES INCURRED IN THE  PERFORMANCE  OF  THEIR  DUTIES  PROVIDED,
HOWEVER,  THAT  SUCH MEMBERS ARE NOT, AT THE SAME TIME SUCH EXPENSES ARE
INCURRED, PUBLIC EMPLOYEES OTHERWISE ENTITLED TO SUCH REIMBURSEMENT.
  6. THE NEW YORK WORKS TASK FORCE MAY  CREATE  SUCH  COMMITTEES  AS  IT
DEEMS  NECESSARY.  THE  FIRST  MEETING  OF THE NEW YORK WORKS TASK FORCE
SHALL BE HELD  WITHIN  THIRTY  DAYS  AFTER  ALL  MEMBERS  ARE  INITIALLY
APPOINTED.  AT THE FIRST MEETING OF THE NEW YORK WORKS TASK FORCE AND AT
THE FIRST MEETING IN EACH SUBSEQUENT YEAR, THE NEW YORK WORKS TASK FORCE
SHALL ELECT FROM AMONG ITS MEMBERS A CHAIR  AND  A  SECRETARY  AND  SUCH
OTHER OFFICERS AS IT SHALL DEEM NECESSARY. THE NEW YORK WORKS TASK FORCE
OR  ANY COMMITTEE THEREOF MAY HOLD MEETINGS BY ELECTRONIC MEANS CONSIST-
ENT WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
  S 69-K. THE NEW YORK WORKS TASK FORCE; EXECUTIVE DIRECTOR,  EMPLOYEES.
THE GOVERNOR MAY DESIGNATE AN INDIVIDUAL TO ACT AS EXECUTIVE DIRECTOR OF
THE  NEW  YORK  WORKS  TASK  FORCE AND MAY ASSIGN FROM TIME TO TIME SUCH
OTHER EMPLOYEES AS THE NEW YORK WORKS TASK FORCE MAY REQUIRE.
  S 69-L. THE NEW YORK WORKS TASK FORCE; CODE OF CONDUCT. THE  NEW  YORK
WORKS  TASK  FORCE  SHALL  ESTABLISH  A  CODE OF CONDUCT CONSISTENT WITH
SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW AND WHICH  SHALL,  AMONG
OTHER  THINGS,  ADDRESS  POTENTIAL CONFLICTS OF INTEREST AND PROVIDE FOR
PERIODS OF DISQUALIFICATION, CONSISTENT WITH  THOSE  PERIODS  PRESCRIBED
UNDER  SECTION  SEVENTY-THREE  OF  THE PUBLIC OFFICERS LAW, DURING WHICH
MEMBERS OF THE NEW YORK WORKS TASK  FORCE  MAY  NOT  ENGAGE  IN  CERTAIN
ACTIVITIES RELATED TO MATTERS BEFORE IT.
  S 2. This act shall take effect immediately.

                                 PART II

  Section  1.  The  racing,  pari-mutuel  wagering  and  breeding law is
amended by adding a new section 911 to read as follows:
  S 911. ADVANCE DEPOSIT WAGERING. THE RACING AND WAGERING  BOARD  SHALL
STUDY  THE  IMPACT  OF  ADVANCE  DEPOSIT  WAGERING  ON  HORSE RACING AND
PARI-MUTUEL HANDLE IN NEW YORK STATE. THE STUDY SHALL INCLUDE BUT NOT BE
LIMITED TO THE IMPACT OF OUT-OF-STATE ENTITIES ACCEPTING WAGERS FROM NEW
YORK STATE RESIDENTS, THE ANNUAL DOLLAR AMOUNT WAGERED BY NEW YORK STATE
RESIDENTS THROUGH OUT-OF-STATE ADVANCE DEPOSIT  WAGERING  ACCOUNTS,  THE
NUMBER  OF  OUT-OF-STATE  ADVANCE  DEPOSIT WAGERING ACCOUNTS HELD BY NEW
YORK STATE RESIDENTS, AND INFORMATION CONCERNING NEW  YORK  STATE  RESI-
DENTS  WHO  UTILIZE  OUT-OF-STATE  ADVANCE  DEPOSIT  WAGERING  ACCOUNTS,
INCLUDING, BUT NOT LIMITED TO, RESIDENCY. THE RACING AND WAGERING  BOARD
SHALL SUBMIT THE STUDY, TOGETHER WITH ANY RECOMMENDATIONS, TO THE GOVER-
NOR  AND  LEGISLATURE  NO  LATER  THAN SEPTEMBER FIFTEENTH, TWO THOUSAND
TWELVE.
  S 2. The racing, pari-mutuel wagering and breeding law is  amended  by
adding a new section 503-a to read as follows:
  S  503-A.  ADDITIONAL  POWERS OF THE REGIONAL OFF-TRACK BETTING CORPO-
RATIONS. 1. IN ADDITION TO THE POWERS ENUMERATED IN SECTION FIVE HUNDRED
THREE OF THIS ARTICLE, FINANCIALLY INSOLVENT REGIONAL OFF-TRACK  BETTING
CORPORATIONS, AS DETERMINED BY THE RACING AND WAGERING BOARD UPON REVIEW
OF  CERTIFIED  FINANCIAL  STATEMENTS, ARE HEREBY AUTHORIZED AND MAY FILE
ANY PETITION WITH ANY UNITED STATES DISTRICT COURT OR COURT OF BANKRUPT-

S. 6258--D                         53                         A. 9058--D

CY UNDER ANY PROVISION OF LAWS OF THE UNITED STATES FOR THE  COMPOSITION
OR  ADJUSTMENT  OF  MUNICIPAL INDEBTEDNESS, PROVIDED SUCH CORPORATION IS
AUTHORIZED BY A RESOLUTION ADOPTED BY A MAJORITY  OF  THE  PARTICIPATING
COUNTIES  TO  SUCH REGION, OR, FOR A CORPORATION WHOLLY CONTAINED WITHIN
ONE COUNTY, BY A RESOLUTION ADOPTED BY SUCH COUNTY.   THE PROVISIONS  OF
THIS  SUBDIVISION  SHALL  NOT  APPLY  TO  THE SUFFOLK REGIONAL OFF-TRACK
BETTING CORPORATION UNTIL APRIL FIRST, TWO THOUSAND FOURTEEN.
  2. NOTWITHSTANDING  SUBDIVISION  ONE  OF  THIS  SECTION,  THE  SUFFOLK
REGIONAL OFF-TRACK BETTING CORPORATION IS HEREBY AUTHORIZED AND MAY FILE
ANY PETITION WITH ANY UNITED STATES DISTRICT COURT OR COURT OF BANKRUPT-
CY  UNDER ANY PROVISION OF LAWS OF THE UNITED STATES FOR THE COMPOSITION
OR ADJUSTMENT OF MUNICIPAL INDEBTEDNESS.
  S 3. Notwithstanding any other provision of law or regulation  to  the
contrary, all monies in a capital acquisition fund, established pursuant
to  section  509-a of the racing, pari-mutuel wagering and breeding law,
containing less than two and one-half million dollars as of  the  effec-
tive date of this act shall be available to a regional off-track betting
corporation for any corporate purpose.
  A  regional  off-track betting corporation that chooses to utilize its
capital acquisition fund for corporate purposes shall do so by providing
written notification to the racing and wagering board at  least  fifteen
days  in  advance  of  its  decision  to  utilize  monies  for corporate
purposes. During such time that a regional off-track betting corporation
uses its monies for corporate purposes, it shall not  be  authorized  to
impose the supplemental one per centum surcharge established by subdivi-
sion 3-a of section 532 of the racing, pari-mutuel wagering and breeding
law.
  A regional off-track betting corporation may use its monies for corpo-
rate purposes until all monies in its capital acquisition fund have been
exhausted  or until such time that the corporation elects to discontinue
such corporate use and has notified the racing  and  wagering  board  in
writing  of  its  decision.  The  supplemental  one per centum surcharge
established by subdivision 3-a of section 532 of the racing, pari-mutuel
wagering and breeding law shall only be reinstated one  year  following:
(i) the regional corporation's written notification of discontinuance to
the  racing and wagering board; or (ii) one year following exhaustion of
the capital acquisition fund. Once the supplemental surcharge  has  been
reimposed,  the  capital  acquisition  fund  shall  only be used for the
purposes enumerated within section  509-a  of  the  racing,  pari-mutuel
wagering and breeding law.
  S  4.  This act shall take effect immediately, provided, however, that
the provisions of subdivision two of section five hundred three-a of the
racing, pari-mutuel wagering and breeding law, as added by  section  two
of  this  act,  shall  expire  April  1,  2014  when  upon such date the
provisions of such subdivision shall be deemed repealed.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.

S. 6258--D                         54                         A. 9058--D

  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through II of this act shall be
as specifically set forth in the last section of such Parts.

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