senate Bill S6357D

Signed by Governor

Enacts into law major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for the 2014-2015 state fiscal year

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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

  • 21 / Jan / 2014
    • REFERRED TO FINANCE
  • 12 / Feb / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 12 / Feb / 2014
    • PRINT NUMBER 6357A
  • 21 / Feb / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 21 / Feb / 2014
    • PRINT NUMBER 6357B
  • 14 / Mar / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 14 / Mar / 2014
    • PRINT NUMBER 6357C
  • 28 / Mar / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 28 / Mar / 2014
    • PRINT NUMBER 6357D
  • 31 / Mar / 2014
    • ORDERED TO THIRD READING CAL.374
  • 31 / Mar / 2014
    • PASSED SENATE
  • 31 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 31 / Mar / 2014
    • REFERRED TO WAYS AND MEANS
  • 31 / Mar / 2014
    • SUBSTITUTED FOR A8557D
  • 31 / Mar / 2014
    • ORDERED TO THIRD READING RULES CAL.32
  • 31 / Mar / 2014
    • PASSED ASSEMBLY
  • 31 / Mar / 2014
    • RETURNED TO SENATE
  • 31 / Mar / 2014
    • DELIVERED TO GOVERNOR
  • 31 / Mar / 2014
    • SIGNED CHAP.57

Summary

Enacts into law major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for the 2014-2015 state fiscal year; amends the highway law and 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, in relation to the consolidated local street and highway improvement program (CHIPS), suburban highway improvement program (SHIPS), multi-modal and Marchiselli programs; repeals certain provisions of chapter 329 of the laws of 1991 relating thereto (Part A); amends part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof; amends chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, in relation to permanently authorizing payment of department of motor vehicle costs from the dedicated highway and bridge trust fund; amends the transportation law, in relation to disposition of revenues; amends the highway law, in relation to disposition of fees charged in connection with outdoor advertising on highways; amends the state finance law, in relation to the dedication of revenues and the costs of rail and truck regulation (Part C); amends chapter 751 of the laws of 2005, amending the insurance law and the vehicle and traffic law, relating to establishing the accident prevention course internet technology pilot program, in relation to the effectiveness thereof (Part E); amends the environmental conservation law, in relation to pesticide registration time frames and fees; amends chapter 67 of the laws of 1992, amending the environmental conservation law relating to pesticide product registration timetables and fees, in relation to the effectiveness thereof (Part H); 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 K); 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 L); amends the public authorities law, in relation to a grant program for power transfer switches on gas stations located within one-half mile from a strategic upstate highway (Part M); amends chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part N); amends the business corporation law and the not-for-profit corporation law, in relation to the transmission of incorporation certificates to county clerks (Part O); amends the executive law, in relation to the national registry fee (Part P); authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part Q); amends the public service law, in relation to transfers of cable franchises and providing for the repeal of such provisions upon expiration thereof (Part R); amends the public service law, in relation to the temporary state energy and utility service conservation assessment (Part S); amends the insurance law, in relation to the licensing of agents of authorized title insurance corporations; repeals certain provisions of the insurance law relating thereto (Part V); amends chapter 58 of the laws of 2012 amending the public authorities law relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to extending certain authority of the dormitory authority of the state of New York (Part W); amends chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormitory authority of the state of New York relative to the establishment of subsidiaries for certain purposes, in relation to the effectiveness thereof (Part X); amends the public health law, in relation to fees in connection with certain health care facility financings; repeals section 2976-a of the public authorities law relating thereto (Part Y); amends the New York state urban development corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part Z); amends 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 AA); amends the agriculture and markets law, in relation to voluntary cattle health programs (Part BB); enacts the "Rockland Bergen Flood Mitigation act" and creates the Rockland Bergen Flood Mitigation Task Force; provides for the repeal of such provisions upon expiration thereof (Part CC); amends the environmental conservation law, in relation to retrofit technology for diesel-fueled vehicles (Part DD); directs the department of public service and the New York state energy research and development authority to review existing energy efficiency programs (Part EE); amends the state finance law, in relation to authorizing and directing the comptroller to transfer funds from the general fund for deposit into the public transportation system operating assistance account (Part FF); amends chapter 495 of the laws of 2004 amending the insurance law and the public health law relating to the New York state health insurance continuation assistance demonstration project, in relation to the effectiveness of such provisions (Part GG).

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Bill Details

See Assembly Version of this Bill:
A8557D
Versions:
S6357
S6357A
S6357B
S6357C
S6357D
Legislative Cycle:
2013-2014
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. 6357--D                                            A. 8557--D

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

                            January 21, 2014
                               ___________

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 amend the highway law and to amend chapter 329 of the laws  of
  1991,  amending  the  state finance law and other laws relating to the
  establishment of the dedicated  highway  and  bridge  trust  fund,  in
  relation  to  the  consolidated  local  street and highway improvement
  program (CHIPS), suburban highway improvement program (SHIPS),  multi-
  modal  and  Marchiselli  programs; and to repeal certain provisions of
  chapter 329 of the laws of 1991  relating  thereto  (Part  A);  inten-
  tionally  omitted (Part B); to amend part U1 of chapter 62 of the laws
  of 2003 amending the vehicle and traffic law and other  laws  relating
  to  increasing  certain motor vehicle transaction fees, in relation to
  the effectiveness thereof; to amend chapter 84 of the  laws  of  2002,
  amending the state finance law relating to the costs of the department
  of  motor  vehicles, in relation to permanently authorizing payment of
  department of motor vehicle  costs  from  the  dedicated  highway  and
  bridge  trust  fund;  to  amend the transportation law, in relation to
  disposition of revenues; to amend the  highway  law,  in  relation  to
  disposition  of fees charged in connection with outdoor advertising on

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12673-06-4

S. 6357--D                          2                         A. 8557--D

  highways; and to amend the state finance law, in relation to the dedi-
  cation of revenues and the costs of rail and  truck  regulation  (Part
  C);  intentionally  omitted (Part D); to amend chapter 751 of the laws
  of  2005,  amending the insurance law and the vehicle and traffic law,
  relating to establishing the accident prevention course internet tech-
  nology pilot program, in relation to the effectiveness  thereof  (Part
  E); intentionally omitted (Part F); intentionally omitted (Part G); to
  amend  the  environmental  conservation  law, in relation to pesticide
  registration time frames and fees; and to amend chapter 67 of the laws
  of 1992 amending the environmental conservation law relating to pesti-
  cide product registration timetables and  fees,  in  relation  to  the
  effectiveness thereof (Part H); intentionally omitted (Part I); inten-
  tionally  omitted  (Part  J);  to  authorize the New York state energy
  research and  development  authority  to  finance  a  portion  of  its
  research,  development  and  demonstration  and  policy  and  planning
  programs from assessments on gas and electric corporations  (Part  K);
  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 L); to amend the public authorities law, in relation to
  a  grant  program  for power transfer switches on gas stations located
  within one-half mile from a strategic upstate  highway  (Part  M);  to
  amend  chapter  21  of  the  laws  of 2003, amending the executive law
  relating to permitting the  secretary  of  state  to  provide  special
  handling  for  all documents filed or issued by the division of corpo-
  rations and to permit additional levels of such expedited service,  in
  relation  to  extending the expiration date thereof (Part N); to amend
  the business corporation law and the not-for-profit  corporation  law,
  in relation to the transmission of incorporation certificates to coun-
  ty  clerks  (Part  O);  to amend the executive law, in relation to the
  national registry fee (Part P); to authorize the department of  health
  to  finance certain activities with revenues generated from an assess-
  ment on cable television companies  (Part  Q);  to  amend  the  public
  service  law, in relation to transfers of cable franchises and provid-
  ing for the repeal of such provisions upon  expiration  thereof  (Part
  R);  to  amend  the  public  service law, in relation to the temporary
  state energy and utility service  conservation  assessment  (Part  S);
  intentionally  omitted  (Part  T);  intentionally omitted (Part U); to
  amend the insurance law, in relation to the  licensing  of  agents  of
  authorized   title  insurance  corporations;  and  to  repeal  certain
  provisions of the insurance law relating thereto (Part  V);  to  amend
  chapter  58  of  the  laws of 2012 amending the public authorities law
  relating to authorizing the dormitory authority to enter into  certain
  design  and construction management agreements, in relation to extend-
  ing certain authority of the dormitory authority of the state  of  New
  York  (Part W); to amend chapter 584 of the laws of 2011, amending the
  public authorities law relating to the powers and duties of the dormi-
  tory authority of the state of New York relative to the  establishment
  of subsidiaries for certain purposes, in relation to the effectiveness
  thereof  (Part X); to amend the public health law, in relation to fees
  in connection with certain health care  facility  financings;  and  to
  repeal  section  2976-a of the public authorities law relating thereto
  (Part Y); 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 Z); 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

S. 6357--D                          3                         A. 8557--D

  development  corporation  to make loans, in relation to the effective-
  ness thereof (Part AA); to amend the agriculture and markets  law,  in
  relation  to  voluntary cattle health programs (Part BB); enacting the
  "Rockland  Bergen  Flood  Mitigation  act"  and  creating the Rockland
  Bergen Flood Mitigation Task Force; and providing for  the  repeal  of
  such  provisions upon expiration thereof (Part CC); to amend the envi-
  ronmental conservation law, in relation  to  retrofit  technology  for
  diesel-fueled  vehicles  (Part DD); to direct the department of public
  service and the New York state energy research and development author-
  ity to review existing energy efficiency programs (Part EE); to  amend
  the  state  finance  law, in relation to authorizing and directing the
  comptroller to transfer funds from the general fund for  deposit  into
  the  public  transportation  system operating assistance account (Part
  FF); and to amend chapter 495 of the laws of 2004 amending the  insur-
  ance  law  and  the  public  health law relating to the New York state
  health insurance continuation  assistance  demonstration  project,  in
  relation to the effectiveness of such provisions (Part GG)

  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 2014-2015
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through GG. 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. Subdivision (d) of section 11 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 4 of part A of chapter 58 of the laws of 2012, 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 SHALL PROVIDE 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  legisla-
ture, 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] DIRECTOR OF THE BUDGET 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

S. 6357--D                          4                         A. 8557--D

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  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 involv-
ing 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.
  S 2. Subdivision (g) of section 15 of chapter 329 of the laws of 1991,
as added by section 9 of chapter 330 of the laws of 1991,  is  REPEALED,
and  subdivision  (f)  of section 15 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
9 of chapter 330 of the laws of 1991, is amended to read as follows:
  (f) The commissioner of transportation shall certify to the [New  York
state  thruway  authority]  DIRECTOR  OF  THE BUDGET AND THE COMPTROLLER
amounts eligible for repayments as specified herein. Such  certification
shall  include  any such information as may be necessary to maintain 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.
  S  3.  Subdivision 1 of section 80-b of the highway law, as amended by
chapter 161 of the laws of 2008, is amended to read as follows:
  1. In connection with the undertaking of any  project  for  which  the
commissioner  is  authorized  to  use  moneys  of the federal government
pursuant to the provisions of subdivision thirty-four-a of  section  ten
and  section eighty of this chapter to assure the effective discharge of
state responsibilities with respect to regional transportation needs, on
highways, roads, streets, bicycle paths or pedestrian paths that are not
on the state highway system, the commissioner shall submit such  project
to  the governing body or bodies of the affected municipality or munici-
palities together with estimates  of  costs  thereof.  If  such  project
includes a municipal project, as that term is defined in accordance with
article  thirteen  of  the  transportation  law, the state share of such
municipal project shall also be included. If  such  project  includes  a
project  affecting  a  highway, road, street, bicycle path or pedestrian
path not on the state highway system, the state share shall be equal  to
eighty  percent of the difference between the total project cost and the
federal assistance, provided, however, the commissioner may increase the
state share to an amount equal to one hundred percent of the  difference
between  the  total  project  cost  and  the federal assistance where he
determines that the need for  the  project  results  substantially  from
actions undertaken pursuant to section ten of this chapter.  [Except for
individual  projects  where  the  non-federal share of a federally aided
municipal project is less than five thousand dollars, no state or  local
shares  of municipal streets and highways projects shall be payable from
the non-fiduciary funds of the capital projects budget  of  the  depart-
ment.] No such project shall proceed without the approval of the govern-
ing  body of a municipality. Such governing body may request the commis-
sioner to undertake the provision of such project. If  the  commissioner
agrees  to  such  undertaking  he  shall notify the local governing body
which shall appropriate sufficient moneys to pay the estimated amount of
the municipal share. Such moneys shall be deposited with the state comp-
troller who is authorized  to  receive  and  accept  the  same  for  the

S. 6357--D                          5                         A. 8557--D

purposes  of  such  project,  subject to the draft or requisition of the
commissioner. When the work of such  project  has  been  completed,  the
commissioner  shall render to the governing body of such municipality an
itemized statement showing in full (a) the amount of money that has been
deposited  by  such municipality with the state comptroller as hereinbe-
fore provided, and (b) all disbursements made pursuant to  this  section
for  such project. Any surplus moneys shall be paid to such municipality
on the warrant of the comptroller on vouchers therefor approved  by  the
commissioner. When the work of such project has been completed and it is
determined  by  the commissioner that the amount of the cost to be borne
by the municipality is in excess of the amount deposited by such munici-
pality with the state comptroller, the commissioner  shall  then  notify
the municipality of the deficiency of funds. The municipality shall then
within ninety days of the receipt of such notice, pay such amount to the
state comptroller. For purposes of this section, the term "municipality"
shall  include a city, county, town, village or two or more of the fore-
going acting jointly.
  S 4. Subdivision (e) 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 a dedicated highway and bridge trust fund, as added by section 9
of chapter 330 of the laws of 1991, is REPEALED.
  S 5. Subdivision (e) 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 a dedicated highway and bridge trust fund, as added  by
section 9 of chapter 330 of the laws of 1991, is REPEALED.
  S  6.  Paragraph  (a)  of subdivision 5 of section 10-f of the highway
law, as added by chapter 725 of the laws of 1993, is amended to read  as
follows:
  (a)  Funding  of  municipal projects will be made upon the application
for funding of prior expenditures in a format prescribed by the  commis-
sioner.  [Funding  of qualifying municipal project expenditures shall be
made from the proceeds of  bonds,  notes  or  other  obligations  issued
pursuant to section three hundred eighty of the public authorities law.]
Such funding of state projects may be pursuant to agreements between the
commissioner  and  the  New York state thruway authority and may be from
the proceeds of bonds, notes or other  obligations  issued  pursuant  to
section three hundred eighty-five of the public authorities law.
  S  7.  Paragraph  (a)  of subdivision 5 of section 10-g of the highway
law, as added by chapter 725 of the laws of 1993, is amended to read  as
follows:
  (a)  Funding  of  municipal projects will be made upon the application
for funding of prior expenditures in a format prescribed by the  commis-
sioner.  [Funding  of qualifying municipal project expenditures shall be
made from the proceeds of  bonds,  notes  or  other  obligations  issued
pursuant to section three hundred eighty of the public authorities law.]
Such funding of state projects may be pursuant to agreements between the
commissioner  and  the  New York state thruway authority and may be from
the proceeds of bonds, notes or other  obligations  issued  pursuant  to
section three hundred eighty-five of the public authorities law.
  S 8. This act shall take effect immediately.

                                 PART B

                          Intentionally Omitted

S. 6357--D                          6                         A. 8557--D

                                 PART C

  Section  1.    Section 13 of part U1 of chapter 62 of the laws of 2003
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section  2  of
part B of chapter 58 of the laws of 2013, is amended to read as follows:
  S  13.  This  act shall take effect immediately; provided however that
sections one through seven of this act, the amendments to subdivision  2
of  section  205  of  the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed  on  [March
31]  APRIL  1,  2015;  provided further, however, that the amendments to
subdivision 3 of section 205 of the tax law made  by  section  eight  of
this act shall expire and be deemed repealed on March 31, 2018; provided
further,  however,  that  the  provisions  of section eleven of this act
shall take effect April 1, 2004 and shall expire and be deemed  repealed
on [March 31] APRIL 1, 2015.
  S  2.  Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department  of  motor
vehicles, as amended by section 1 of part E of chapter 59 of the laws of
2009, is amended to read as follows:
  S  2.  This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take  effect  imme-
diately and shall be deemed to have been in full force and effect on and
after  April  1,  2002;  provided  further, however, that this act shall
expire and be deemed repealed on [March 31] APRIL 1, 2015.
  S 3. Subdivision 4 of section 94 of the transportation law, as amended
by section 1 of part D of chapter 101 of the laws of 2001, is amended to
read as follows:
  4. All fees charged and collected by the commissioner hereunder  shall
be deposited [to the miscellaneous special revenue fund - transportation
regulation  account for the purposes established in this section] 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 FOR THE  PURPOSES  ESTAB-
LISHED IN THIS SECTION.
  S  4. Subdivision 4 of section 135 of the transportation law, as added
by chapter 166 of the laws of 1991, is amended to read as follows:
  4. All revenues collected pursuant to this section shall be  deposited
[to  the  miscellaneous  special  revenue  fund--rail  safety inspection
account] BY THE COMPTROLLER INTO  THE  SPECIAL  OBLIGATION  RESERVE  AND
PAYMENT  ACCOUNT  OF  THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE  FINANCE  LAW  for
the  purposes established in this section.  Fees will be based on reven-
ues from the preceding calendar year and shall be assessed on or  before
July first and are payable by September first of each year. On or before
January first of each year following assessment of fees pursuant to this
section,  the commissioner shall report to the railroad companies annual
costs associated with this assessment.
  S 5. Subdivision 5 of section 144 of the transportation law, as  added
by chapter 635 of the laws of 1983, is amended to read as follows:
  5.  For  furnishing  a  certification of any paper, record or official
document, one dollar. No fees shall be charged or collected  for  copies
of  papers,  records or official documents, furnished to public officers
for use in their official capacity, or for the  annual  reports  of  the
commissioner in the ordinary course of distribution, but the commission-
er  may  fix  reasonable charges for copies of papers, records, official

S. 6357--D                          7                         A. 8557--D

documents and other publications furnished or  issued  to  others  under
this  authority.  All  fees  charged  and  collected by the commissioner
[shall belong to the people of the state  and  shall  be  paid  monthly,
accompanied  by  a  detailed statement thereof, into the treasury of the
state to the credit of the general fund] PURSUANT TO THIS SECTION  SHALL
BE  DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND
PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE  TRUST  FUND  ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S  6. Section 145 of the transportation law is amended by adding a new
subdivision 8 to read as follows:
  8. ALL PENALTIES CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT TO
THIS SECTION SHALL BE DEPOSITED BY  THE  COMPTROLLER  INTO  THE  SPECIAL
OBLIGATION  RESERVE  AND  PAYMENT  ACCOUNT  OF THE DEDICATED HIGHWAY AND
BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION  EIGHT-NINE-B  OF  THE
STATE FINANCE LAW.
  S 7. Section 88 of the highway law is amended by adding a new subdivi-
sion 13 to read as follows:
  13.  ALL  FEES  COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SECTION
SHALL BE DEPOSITED  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  8.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
finance law, as amended by section 2 of part B of chapter 58 of the laws
of 2012, 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
highway 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  twenty-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 subdivi-
sion thirty-five of section ten of the highway law, AND  SECTIONS  NINE-
TY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY-FOUR AND ONE HUNDRED
FORTY-FIVE  OF THE TRANSPORTATION LAW, (iii) any moneys collected by the
department of transportation for services provided  pursuant  to  agree-
ments  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  9.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
finance law, as amended by section 3 of part B of chapter 58 of the laws
of 2012, 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

S. 6357--D                          8                         A. 8557--D

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, AND SECTIONS NINETY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE
HUNDRED FORTY-FOUR AND ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION  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 10. Paragraph a of subdivision  5  of  section  89-b  of  the  state
finance  law,  as  amended by section 60 of part HH of chapter 57 of the
laws of 2013, is amended to read as follows:
  a. Moneys in the  dedicated  highway  and  bridge  trust  fund  shall,
following  appropriation  by  the  legislature, be utilized for:  recon-
struction, replacement, reconditioning, restoration, rehabilitation  and
preservation  of  state, county, town, city and village roads, highways,
parkways, and bridges thereon,  to  restore  such  facilities  to  their
intended   functions;   construction,  reconstruction,  enhancement  and
improvement of state, county, town, city, and village  roads,  highways,
parkways, and bridges thereon, to address current and projected capacity
problems  including  costs  for  traffic mitigation activities; aviation
projects authorized pursuant to section fourteen-j of the transportation
law and for payments to the general debt service fund of  amounts  equal
to  amounts  required  for service contract payments related to aviation
projects as provided and authorized by section three hundred  eighty-six
of the public authorities law; programs to assist small and minority and
women-owned  firms  engaged  in  transportation  construction and recon-
struction projects, including  a  revolving  fund  for  working  capital
loans,  and  a  bonding  guarantee assistance program in accordance with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion of real property and interests therein required or expected  to  be
required in connection with such projects; preventive maintenance activ-
ities  necessary  to  ensure that highways, parkways and bridges meet or
exceed their optimum useful life; expenses of control of snow and ice on
state highways by the department of  transportation  including  but  not
limited  to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice  in  municipalities
pursuant  to  section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to  section
twelve  of  the  highway  law,  and for expenses of arterial maintenance
agreements with cities pursuant to section three hundred  forty-nine  of
the  highway  law;  personal  services, NONPERSONAL SERVICES, and fringe
benefit costs  of  the  department  of  transportation  for  bus  safety
inspection  activities,  RAIL  SAFETY  INSPECTION  ACTIVITIES, AND TRUCK
SAFETY INSPECTION ACTIVITIES; costs of the department of motor vehicles,

S. 6357--D                          9                         A. 8557--D

including but not limited to personal and nonpersonal services; costs of
engineering and administrative services of the department of transporta-
tion, including  but  not  limited  to  fringe  benefits;  the  contract
services  provided  by private firms in accordance with section fourteen
of the transportation law; personal services and  nonpersonal  services,
for  activities including but not limited to the preparation of designs,
plans, specifications and estimates; construction management and  super-
vision  activities;  costs  of appraisals, surveys, testing and environ-
mental  impact  statements  for  transportation  projects;  expenses  in
connection  with  buildings, equipment, materials and facilities used or
useful in connection with the  maintenance,  operation,  and  repair  of
highways,   parkways   and  bridges  thereon;  and  project  costs  for:
construction, reconstruction, improvement, reconditioning and  preserva-
tion  of rail freight facilities and intercity rail passenger facilities
and equipment; construction, reconstruction, improvement, reconditioning
and  preservation  of  state,  municipal  and  privately  owned   ports;
construction,  reconstruction, improvement, reconditioning and preserva-
tion of municipal airports; privately owned airports and aviation  capi-
tal  facilities, excluding airports operated by the state or operated by
a bi-state municipal corporate instrumentality for which federal funding
is not available provided the project is  consistent  with  an  approved
airport  layout  plan;  and  construction,  reconstruction, enhancement,
improvement, replacement,  reconditioning,  restoration,  rehabilitation
and  preservation  of state, county, town, city and village roads, high-
ways, parkways and bridges; and construction,  reconstruction,  improve-
ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
municipal and privately owned ferry lines for  transportation  purposes,
and  the  payment  of debt service required on any bonds, notes or other
obligations and  related  expenses  for  highway,  parkway,  bridge  and
project  costs  for: construction, reconstruction, improvement, recondi-
tioning and preservation of rail freight facilities and  intercity  rail
passenger   facilities   and  equipment;  construction,  reconstruction,
improvement, reconditioning and preservation  of  state,  municipal  and
privately owned ports; construction, reconstruction, improvement, recon-
ditioning  and  preservation  of  municipal  airports;  privately  owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate  instrumentality
for  which  federal  funding  is  not  available provided the project is
consistent with an approved airport layout  plan;  construction,  recon-
struction, enhancement, improvement, replacement, reconditioning, resto-
ration, rehabilitation and preservation of state, county, town, city and
village  roads, highways, parkways and bridges; and construction, recon-
struction, improvement, reconditioning and preservation of  fixed  ferry
facilities  of municipal and privately owned ferry lines for transporta-
tion purposes, purposes authorized on or after  the  effective  date  of
this  section.  Beginning with disbursements made on and after the first
day of April, nineteen hundred ninety-three, moneys in such  fund  shall
be  available  to  pay such costs or expenses made pursuant to appropri-
ations or reappropriations made during the state fiscal year which began
on the first of April, nineteen hundred ninety-two. Beginning the  first
day  of  April, nineteen hundred ninety-three, moneys in such fund shall
also be used for transfers to the general  debt  service  fund  and  the
revenue bond tax fund of amounts equal to that respectively required for
service  contract  and  financing  agreement  payments  as  provided and
authorized by section three hundred eighty  of  the  public  authorities
law,  section eleven of chapter three hundred twenty-nine of the laws of

S. 6357--D                         10                         A. 8557--D

nineteen hundred ninety-one, as amended, and sections sixty-eight-c  and
sixty-nine-o of this chapter.
  S  11.  Paragraph  a  of  subdivision  5  of section 89-b of the state
finance law, as amended by section 60-a of part HH of chapter 57 of  the
laws of 2013, is amended to read as follows:
  a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
following appropriation by the legislature, be  utilized  for:    recon-
struction,  replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village  roads,  highways,
parkways,  and  bridges  thereon,  to  restore  such facilities to their
intended  functions;  construction,  reconstruction,   enhancement   and
improvement  of  state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for  traffic  mitigation  activities;  aviation
projects authorized pursuant to section fourteen-j of the transportation
law  and  for payments to the general debt service fund of amounts equal
to amounts required for service contract payments  related  to  aviation
projects  as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged  in  transportation  construction  and  recon-
struction  projects,  including  a  revolving  fund  for working capital
loans, and a bonding guarantee assistance  program  in  accordance  with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion  of  real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and  bridges  meet  or
exceed their optimum useful life; expenses of control of snow and ice on
state  highways  by  the  department of transportation including but not
limited to personal services, nonpersonal services and fringe  benefits,
payment  of  emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses  of  control
of  snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and  for  expenses  of  arterial  maintenance
agreements  with  cities pursuant to section three hundred forty-nine of
the highway law; personal services,  NONPERSONAL  SERVICES,  and  fringe
benefit  costs  of  the  department  of  transportation  for  bus safety
inspection activities, RAIL  SAFETY  INSPECTION  ACTIVITIES,  AND  TRUCK
SAFETY  INSPECTION  ACTIVITIES;  costs of engineering and administrative
services of the department of transportation, including but not  limited
to  fringe  benefits; the contract services provided by private firms in
accordance with section fourteen of  the  transportation  law;  personal
services  and  nonpersonal  services,  for  activities including but not
limited to the preparation of designs, plans, specifications  and  esti-
mates;  construction  management  and  supervision  activities; costs of
appraisals, surveys, testing and  environmental  impact  statements  for
transportation  projects;  expenses in connection with buildings, equip-
ment, materials and facilities used or useful  in  connection  with  the
maintenance,  operation,  and  repair  of highways, parkways and bridges
thereon; and project costs for:  construction, reconstruction,  improve-
ment,  reconditioning  and  preservation  of rail freight facilities and
intercity rail passenger facilities and equipment; construction,  recon-
struction, improvement, reconditioning and preservation of state, munic-
ipal  and  privately owned ports; construction, reconstruction, improve-
ment, reconditioning and preservation of municipal  airports;  privately
owned airports and aviation capital facilities, excluding airports oper-

S. 6357--D                         11                         A. 8557--D

ated  by the state or operated by a bi-state municipal corporate instru-
mentality for which  federal  funding  is  not  available  provided  the
project  is  consistent  with  an  approved  airport  layout  plan;  and
construction,  reconstruction,  enhancement,  improvement,  replacement,
reconditioning, restoration, rehabilitation and preservation  of  state,
county,  town,  city  and village roads, highways, parkways and bridges;
and construction, reconstruction, improvement, reconditioning and  pres-
ervation  of  fixed  ferry  facilities  of municipal and privately owned
ferry lines for transportation purposes, and the payment of debt service
required on any bonds, notes or other obligations and  related  expenses
for highway, parkway, bridge and project costs for: construction, recon-
struction,  improvement, reconditioning and preservation of rail freight
facilities  and  intercity  rail  passenger  facilities  and  equipment;
construction,  reconstruction, improvement, reconditioning and preserva-
tion of state, municipal and privately owned ports; construction, recon-
struction, improvement, reconditioning  and  preservation  of  municipal
airports;  privately  owned  airports  and  aviation capital facilities,
excluding airports operated by the  state  or  operated  by  a  bi-state
municipal  corporate  instrumentality  for  which federal funding is not
available provided the project is consistent with  an  approved  airport
layout  plan;  construction,  reconstruction,  enhancement, improvement,
replacement, reconditioning, restoration, rehabilitation  and  preserva-
tion  of state, county, town, city and village roads, highways, parkways
and bridges; and construction, reconstruction, improvement, recondition-
ing and preservation of fixed ferry facilities of municipal and private-
ly owned ferry lines for transportation purposes, purposes authorized on
or after the effective date of this section.  Beginning  with  disburse-
ments  made  on and after the first day of April, nineteen hundred nine-
ty-three, moneys in such fund shall be available to pay  such  costs  or
expenses made pursuant to appropriations or reappropriations made during
the  state  fiscal  year  which  began  on  the first of April, nineteen
hundred ninety-two. Beginning the first day of April,  nineteen  hundred
ninety-three,  moneys  in  such fund shall also be used for transfers to
the general debt service fund and the revenue bond tax fund  of  amounts
equal  to  that respectively required for service contract and financing
agreement payments as provided and authorized by section  three  hundred
eighty  of  the  public authorities law, section eleven of chapter three
hundred twenty-nine of the  laws  of  nineteen  hundred  ninety-one,  as
amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
  S  12.    This  act  shall  take effect immediately, provided that the
amendments to paragraph (a) of subdivision 3  of  section  89-b  of  the
state  finance law made by section eight of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 13 of
part U1 of chapter 62 of the laws of 2003, as amended,  when  upon  such
date  the  provisions of section nine of this act shall take effect; and
provided further that the amendments to paragraph a of subdivision 5  of
section  89-b  of  the state finance law made by section ten of this act
shall be subject to the  expiration  and  reversion  of  such  paragraph
pursuant  to  section  2 of part B of chapter 84 of the laws of 2002, as
amended, when upon such date the provisions of section  eleven  of  this
act shall take effect.

                                 PART D

                          Intentionally Omitted

S. 6357--D                         12                         A. 8557--D

                                 PART E

  Section 1.  Section 5 of chapter 751 of the laws of 2005, amending the
insurance  law and the vehicle and traffic law, relating to establishing
the accident prevention course internet  technology  pilot  program,  is
amended to read as follows:
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed [five
years  after  the date that the accident prevention course internet, and
other technology pilot program is established  and  implemented  by  the
commissioner  of  motor vehicles pursuant to article 12-C of the vehicle
and traffic law, as added by section three of this act]  MAY  31,  2019;
provided  that  any  rules  and  regulations  necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date[; and provided, further, that the
commissioner of motor vehicles shall notify the legislative bill  draft-
ing  commission  of  the  date  he or she establishes and implements the
accident prevention course internet technology pilot program pursuant to
article 12-C of the vehicle and traffic law, as added by  section  three
of  this act, in order that such commission may maintain an accurate and
timely effective data base of the official text of the laws of the state
of New York in furtherance of effecting the provisions of section 44  of
the legislative law and section 70-b of the public officers law].
  S 2. This act shall take effect immediately.

                                 PART F

                          Intentionally Omitted

                                 PART G

                          Intentionally Omitted

                                 PART H

  Section  1.  Section 33-0705 of the environmental conservation law, as
amended by section 2 of part S of chapter 60 of the  laws  of  2011,  is
amended to read as follows:
S 33-0705. Fee for registration.
  The applicant for registration shall pay a fee as follows:
  a.  On  or  before  July  1, [2014] 2017, six hundred dollars for each
pesticide proposed to be registered, provided  that  the  applicant  has
submitted  to  the  department proof in the form of a federal income tax
return for the previous year showing gross  annual  sales,  for  federal
income  tax  purposes, of three million five hundred thousand dollars or
less;
  b. On or before July 1, [2014] 2017, for all others, six hundred twen-
ty dollars for each pesticide proposed to be registered;
  c. After July  1,  [2014]  2017,  fifty  dollars  for  each  pesticide
proposed to be registered.
  S  2.  Section 9 of chapter 67 of the laws of 1992, amending the envi-
ronmental conservation law relating to  pesticide  product  registration
timetables  and fees, as amended by section 1 of part S of chapter 60 of
the laws of 2011, is amended to read as follows:

S. 6357--D                         13                         A. 8557--D

  S 9. This act shall take effect April 1, 1992 provided, however,  that
section  three  of  this  act  shall  take effect July 1, 1993 and shall
expire and be deemed repealed on July 1, [2014] 2017.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.

                                 PART I

                          Intentionally Omitted

                                 PART J

                          Intentionally Omitted

                                 PART K

  Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
laws of 2014 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
2012.  Such  amounts  shall  be  excluded  from  the  general assessment
provisions of subdivision 2 of section 18-a of the public  service  law,
but shall be billed and paid in the manner set forth in such subdivision
and  upon  receipt shall be paid to the state comptroller for deposit in
the state treasury for credit to the miscellaneous special revenue fund.
The director of the budget shall not issue  a  certificate  of  approval
with  respect  to the commitment and expenditure of moneys hereby appro-
priated until the chair of such authority shall have submitted, and  the
director  of  the  budget shall have approved, a comprehensive financial
plan encompassing all moneys available to and  all  anticipated  commit-
ments  and  expenditures by such authority from any source for the oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2014.

                                 PART L

  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. 6357--D                         14                         A. 8557--D

  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, 2014.

                                 PART M

  Section  1.  Subdivision  20 of section 1854 of the public authorities
law, as added by section 3 of part S of chapter 58 of the laws of  2013,
is amended to read as follows:
  20. To administer a program, using funds provided for such purpose, to
provide  a  grant  based  on standards and guidelines established by the
authority for costs as follows:
  (a) for each retail outlet that is in operation  before  April  first,
two  thousand  fourteen  and is subject to the requirements of paragraph
(a) of subdivision three of section  one  hundred  ninety-two-h  of  the
agriculture and markets law:
  (i)  no  greater  than  ten  thousand dollars required to prewire such
retail outlet with an appropriate transfer switch for using an alternate
generated power source as defined in section one hundred ninety-two-h of
the agriculture and markets law; or
  (ii) no greater than thirteen thousand  dollars  required  to  prewire
such  retail  outlet  with  an  appropriate transfer switch for using an
alternate generated power source as defined in section one hundred nine-
ty-two-h of the agriculture and markets  law  and  purchase  such  power
source to be permanently affixed at the site.
  (b)  for  each  retail outlet that is in operation before April first,
two thousand fourteen and is subject to the  requirements  of  paragraph
(b)  of  subdivision  three  of  section one hundred ninety-two-h of the
agriculture and markets  law,  no  greater  than  ten  thousand  dollars
required  to:  (i) prewire an existing retail outlet with an appropriate
transfer switch for using an alternate generated power source as defined
in section one hundred ninety-two-h of the agriculture and markets  law;
and/or  (ii) purchase such power source to be permanently affixed at the
site.
  (c) to the extent funds are available, for retail outlets that  become
operational  on or after April first, two thousand fourteen, or to which
subdivision two of section one hundred ninety-two-h of  the  agriculture
and  markets  law  becomes  applicable  after the effective date of this
subdivision, which  grants  shall  otherwise  be  subject  to  the  same
amounts,  purposes  and  restrictions  as paragraphs (a) and (b) of this
subdivision.
  (D) TO THE EXTENT FUNDS ARE AVAILABLE, FOR RETAIL OUTLETS THAT  VOLUN-
TARILY APPLY BEFORE APRIL FIRST, TWO THOUSAND FIFTEEN AND ARE LOCATED ON
A STRATEGIC UPSTATE HIGHWAY AS DEFINED IN PARAGRAPH (E) OF THIS SUBDIVI-
SION  OR WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A
STRATEGIC UPSTATE HIGHWAY, IN SUCH AMOUNTS AND FOR SUCH PURPOSES AS  SET
FORTH  IN  SUBPARAGRAPHS  (I) AND (II) OF PARAGRAPH (A) OF THIS SUBDIVI-
SION.
  (E) "STRATEGIC UPSTATE HIGHWAY" MEANS THE FOLLOWING:
  (I) I-87 BEGINNING AT THE ROCKLAND-ORANGE COUNTY LINE THENCE NORTHERLY
PASSING THROUGH OR IN THE VICINITY OF ALBANY TO  THE  INTERSECTION  WITH
I-90, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE THRUWAY;
THENCE CONTINUING NORTHERLY TO THE NEW YORK-CANADA BORDER;
  (II)  I-90 BEGINNING AT I-87 IN THE VICINITY OF ALBANY THENCE WESTERLY
PASSING THROUGH OR IN THE  VICINITY  OF  SCHENECTADY,  UTICA,  SYRACUSE,
ROCHESTER,  AND  BUFFALO;  THENCE  CONTINUING  SOUTHWESTERLY  TO THE NEW

S. 6357--D                         15                         A. 8557--D

YORK-PENNSYLVANIA BORDER, THE FOREGOING ROUTE BEING A PORTION OF THE NEW
YORK STATE THRUWAY;
  (III) THE BERKSHIRE SECTION OF THE NEW YORK STATE THRUWAY BEGINNING AT
I-87  THENCE  EASTERLY  TO  THE INTERSECTION WITH I-90 AND CONTINUING ON
I-90 TO THE NEW YORK-MASSACHUSETTS BORDER;
  (IV) I-84 BEGINNING AT THE NEW YORK-NEW JERSEY BORDER THENCE  EASTERLY
PASSING  THROUGH OR IN THE VICINITY OF NEWBURGH, THENCE CONTINUING EAST-
ERLY AND SOUTHEASTERLY TO THE NEW YORK-CONNECTICUT BORDER;
  (V) I-88 BEGINNING AT  I-81  IN  THE  VICINITY  OF  BINGHAMTON  THENCE
NORTHEASTERLY TO I-90 IN THE VICINITY OF SCHENECTADY;
  (VI) I-86/STATE ROUTE 17 BEGINNING AT I-87 IN THE VICINITY OF WOODBURY
THENCE  WESTERLY AND NORTHWESTERLY PASSING THROUGH OR IN THE VICINITY OF
BINGHAMTON, ELMIRA, AND JAMESTOWN, CONTINUING TO THE NEW YORK-PENNSYLVA-
NIA BORDER;
  (VII) I-81 BEGINNING AT THE NEW YORK-PENNSYLVANIA BORDER THENCE NORTH-
ERLY PASSING THROUGH OR IN  THE  VICINITY  OF  SYRACUSE  AND  WATERTOWN,
CONTINUING TO THE NEW YORK-CANADA BORDER;
  (VIII)  I-390  BEGINNING  AT  I-86  IN  THE  VICINITY  OF AVOCA THENCE
NORTHWESTERLY AND NORTHERLY TO I-490 IN THE VICINITY OF ROCHESTER; AND
  (IX) I-190 BEGINNING AT  I-90  IN  THE  VICINITY  OF  BUFFALO,  THENCE
WESTERLY,  NORTHWESTERLY,  AND  NORTHERLY  THROUGH BUFFALO, ACROSS GRAND
ISLAND, THE FOREGOING ROUTE BEING A PORTION OF THE NEW YORK STATE  THRU-
WAY, AND THENCE GENERALLY WESTERLY TO THE UNITED STATES-CANADA BORDER IN
THE VICINITY OF LEWISTON.
  The  authority  may  offer any funds provided for such purpose and not
expended to retail outlets that are not [required  to  comply  with  the
requirements  of  subdivision two of section one hundred ninety-two-h of
the agriculture and markets law] INCLUDED IN PARAGRAPHS (A) THROUGH  (D)
OF  THIS  SUBDIVISION  but  that VOLUNTARILY seek to participate in such
program.
  S 2. This act shall take effect immediately.

                                 PART N

  Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
executive  law  relating to permitting the secretary of state to provide
special handling for all documents filed or issued by  the  division  of
corporations  and to permit additional levels of such expedited service,
as amended by section 1 of part P of chapter 58 of the laws of 2013,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full  force  and
effect  on  and  after  April  1, 2003 and shall expire March 31, [2014]
2015.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2014.

                                 PART O

  Section  1.  Paragraph  (g) of section 104 of the business corporation
law, as amended by chapter 375 of the laws of 1998, is amended  to  read
as follows:
  (g)  The  department shall make, certify and transmit ELECTRONICALLY a
copy of each such instrument to the clerk of the  county  in  which  the
office  of  the  domestic or foreign corporation is or is to be located.
The county clerk shall file and index such copy.

S. 6357--D                         16                         A. 8557--D

  S 2.  Paragraph (g) of section 104 of the  not-for-profit  corporation
law,  as  amended by chapter 375 of the laws of 1998, is amended to read
as follows:
  (g)   The department shall make, certify and transmit ELECTRONICALLY a
copy of each such instrument to the clerk of the  county  in  which  the
office  of  the  domestic or foreign corporation is or is to be located.
The county clerk shall file and index such copy.
  S 3. This act shall take effect immediately.

                                 PART P

  Section 1. Subdivision 2 of section 160-f of  the  executive  law,  as
amended  by  chapter  397  of  the  laws  of 1991, is amended to read as
follows:
  2. Notwithstanding any other law, the department may transmit an annu-
al registry fee [of not more than twenty-five dollars]  AS  SET  BY  THE
FEDERAL  APPRAISAL  SUBCOMMITTEE  IN  ACCORDANCE  WITH  12  U.S.C.  3338
(A)(4)(A)  from  such  individuals  who  perform  or  seek  to   perform
appraisals in federally related transactions and to transmit a roster of
such  individuals to the Appraisal Subcommittee of the Federal Financial
Institutions Examination Council as required by Title XI of  the  Finan-
cial Institutions Reform, Recovery, and Enforcement Act of 1989.
  S 2. This act shall take effect immediately.

                                 PART Q

  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, 2014.

                                 PART R

  Section  1. Subdivision 3 of section 222 of the public service law, as
added by chapter 83 of the laws of 1995, is amended to read as follows:
  3. (A) The commission shall approve the  application  FOR  RENEWAL  OR
AMENDMENT  OF  A  FRANCHISE  unless  it  finds  that the applicant[, the
proposed transferee] or the cable television system does not conform  to
the  standards established in the regulations promulgated by the commis-
sion pursuant to section two hundred fifteen of  this  article  or  that
approval  would  be  in  violation  of  law,  any regulation or standard
promulgated by the commission or the public interest, provided  however,
that  a  failure  to  conform  to the standards established in the regu-
lations promulgated by the commission shall not preclude approval of any
such application if the commission finds that such approval would  serve
the public interest.
  (B) THE COMMISSION SHALL NOT APPROVE THE APPLICATION FOR A TRANSFER OF
A  FRANCHISE,  ANY  TRANSFER OF CONTROL OF A FRANCHISE OR CERTIFICATE OF
CONFIRMATION, OR OF FACILITIES CONSTITUTING A SIGNIFICANT  PART  OF  ANY
CABLE  TELEVISION  SYSTEM  UNLESS  THE  APPLICANT  DEMONSTRATES THAT THE
PROPOSED TRANSFEREE AND THE CABLE TELEVISION SYSTEM CONFORM TO THE STAN-
DARDS ESTABLISHED IN  THE  REGULATIONS  PROMULGATED  BY  THE  COMMISSION
PURSUANT  TO  SECTION TWO HUNDRED FIFTEEN OF THIS ARTICLE, THAT APPROVAL

S. 6357--D                         17                         A. 8557--D

WOULD NOT BE BE IN VIOLATION OF  LAW,  OR  ANY  REGULATION  OR  STANDARD
PROMULGATED BY THE COMMISSION, AND THAT THE TRANSFER IS OTHERWISE IN THE
PUBLIC  INTEREST;  PROVIDED,  HOWEVER,  THAT A FAILURE TO CONFORM TO THE
STANDARDS  ESTABLISHED  IN THE REGULATIONS PROMULGATED BY THE COMMISSION
SHALL NOT PRECLUDE APPROVAL OF ANY SUCH APPLICATION  IF  THE  COMMISSION
FINDS THAT SUCH APPROVAL WOULD SERVE THE PUBLIC INTEREST.
  S  2.  This  act  shall take effect immediately and shall apply to any
application pending before the public service commission  on  such  date
and shall expire and be deemed repealed April 1, 2017.

                                 PART S

  Section  1.  Paragraph  (b)  of  subdivision  6 of section 18-a of the
public service law, as amended by section 2 of part A of chapter 173  of
the laws of 2013, is amended to read as follows:
  (b)  The  temporary  state  energy  and  utility  service conservation
assessment shall be based upon the following percentum  of  the  utility
entity's  gross operating revenues derived from intrastate utility oper-
ations in the last preceding calendar year, minus the  amount,  if  any,
that  such  utility  entity is assessed pursuant to subdivisions one and
two of this section for the corresponding state fiscal year period:  (1)
two percentum for the state fiscal year beginning April first, two thou-
sand thirteen [and]; (2) 1.63 PERCENTUM FOR the state fiscal year begin-
ning April first, two thousand fourteen; [(2)  one  and  three-quarters]
(3)  1.00 percentum for the state fiscal year beginning April first, two
thousand fifteen; and [(3) one and one-half] (4) .73 percentum  for  the
state  fiscal  year  beginning  April first, two thousand sixteen.  With
respect to the temporary state energy and utility  service  conservation
assessment  to  be paid for the state fiscal year beginning April first,
two thousand seventeen and notwithstanding clause (i) of  paragraph  (d)
of  this  subdivision, on or before March tenth, two thousand seventeen,
utility entities shall make a payment equal to one-half of  the  assess-
ment  paid  by  such  entities  pursuant to this paragraph for the state
fiscal year beginning on April first, two  thousand  sixteen;  PROVIDED,
FURTHER  THAT  SUCH  ASSESSMENT  FOR  STATE  FISCAL YEAR BEGINNING APRIL
FIRST, TWO THOUSAND SEVENTEEN SHALL NOT BE  REFLECTED  IN  A  CUSTOMER'S
RATE  AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN.  With respect
to the Long Island power authority, the temporary state energy and util-
ity service conservation assessment shall be based  upon  the  following
percentum  of  such  authority's  gross  operating revenues derived from
intrastate utility operations in the last preceding calendar year, minus
the amount, if any, that such authority is assessed pursuant to subdivi-
sions one-a and two of this section for the corresponding  state  fiscal
year period: (1) one percentum for the state fiscal year beginning April
first,  two  thousand  thirteen  [and] ; (2) .84 PERCENTUM FOR the state
fiscal year beginning April first, two thousand  fourteen;  [(2)  three-
quarters  of  one] (3) .50 percentum for the state fiscal year beginning
April first, two thousand fifteen; and [(3) one-half] (4) .34  percentum
for  the  state fiscal year beginning April first, two thousand sixteen;
provided, however, that should the amount assessed by the department for
costs and expenses pursuant to such subdivisions equal  or  exceed  such
authority's  temporary  state  energy  and  utility service conservation
assessment for a particular fiscal year, the amount  to  be  paid  under
this  subdivision  by such authority shall be zero.  With respect to the
temporary state energy and utility service conservation assessment to be
paid for the state fiscal  year  beginning  April  first,  two  thousand

S. 6357--D                         18                         A. 8557--D

seventeen and notwithstanding clause (i) of paragraph (d) of this subdi-
vision,  on  or  before  March  tenth,  two thousand seventeen, the Long
Island power authority shall make a payment equal  to  one-half  of  the
assessment  it  paid for the state fiscal year beginning on April first,
two thousand sixteen; PROVIDED, FURTHER THAT SUCH ASSESSMENT  FOR  STATE
FISCAL  YEAR  BEGINNING APRIL FIRST, TWO THOUSAND SEVENTEEN SHALL NOT BE
REFLECTED IN A CUSTOMER'S RATE AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
SEVENTEEN.  No corporation or person subject to the jurisdiction of  the
commission  only  with  respect to safety, or the power authority of the
state of New York, shall be subject to the temporary  state  energy  and
utility service conservation assessment provided for under this subdivi-
sion.  Utility  entities  whose gross operating revenues from intrastate
utility operations are five hundred thousand  dollars  or  less  in  the
preceding  calendar  year  shall  not  be subject to the temporary state
energy and utility service conservation assessment. The  minimum  tempo-
rary  state  energy  and  utility  service conservation assessment to be
billed to any utility entity whose gross revenues from intrastate utili-
ty operations are in excess of five  hundred  thousand  dollars  in  the
preceding calendar year shall be two hundred dollars.
  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, 2014; provided,
however, that the amendments to subdivision 6 of  section  18-a  of  the
public  service law made by section one of this act shall not affect the
repeal of such subdivision and shall be deemed to be repealed therewith.

                                 PART T

                          Intentionally Omitted

                                 PART U

                          Intentionally Omitted

                                 PART V

  Section 1.  The opening paragraph of subsection (k) of section 2101 of
the insurance law, as added by chapter 687  of  the  laws  of  2003,  is
amended to read as follows:
  In  this article, "insurance producer" means an insurance agent, TITLE
INSURANCE AGENT,  insurance  broker,  reinsurance  intermediary,  excess
lines broker, or any other person required to be licensed under the laws
of  this  state to sell, solicit or negotiate insurance. Such term shall
not include:
  S 2. Paragraph 4 of subsection (k) of section 2101  of  the  insurance
law  is REPEALED and paragraphs 5, 6, 7, 8, 9, 10, 11, and 12 are renum-
bered paragraphs 4, 5, 6, 7, 8, 9, 10, and 11.
  S 3. Section 2101 of the insurance law is  amended  by  adding  a  new
subsection (y) to read as follows:
  (Y)(1)  IN  THIS CHAPTER, "TITLE INSURANCE AGENT" MEANS ANY AUTHORIZED
OR ACKNOWLEDGED AGENT OF A TITLE INSURANCE CORPORATION, AND ANY SUBAGENT
OR OTHER REPRESENTATIVE OF SUCH AN AGENT, WHO OR WHICH  FOR  COMMISSION,
COMPENSATION,  OR  ANY OTHER THING OF VALUE, PERFORMS THE FOLLOWING ACTS
IN CONJUNCTION WITH THE ISSUANCE OF A TITLE INSURANCE POLICY:
  (A) SELLS, OR NEGOTIATES THE SALE OF A TITLE INSURANCE POLICY;

S. 6357--D                         19                         A. 8557--D

  (B) EVALUATES THE INSURABILITY OF TITLE, BASED UPON THE PERFORMANCE OR
REVIEW OF A TITLE SEARCH; AND
  (C) PERFORMS ONE OR MORE OF THE FOLLOWING FUNCTIONS:
  (I) COLLECTS, REMITS OR DISBURSES TITLE INSURANCE PREMIUMS, ESCROWS OR
OTHER RELATED FUNDS;
  (II)  PREPARES, AMENDS, MARKS UP OR DELIVERS A TITLE INSURANCE COMMIT-
MENT OR CERTIFICATE OF TITLE FOR THE PURPOSE OF THE ISSUANCE OF A  TITLE
INSURANCE POLICY BY A TITLE INSURANCE CORPORATION;
  (III)  PREPARES, AMENDS OR DELIVERS A TITLE INSURANCE POLICY ON BEHALF
OF A TITLE INSURANCE CORPORATION; OR
  (IV) NEGOTIATES THE CLEARANCE OF TITLE EXCEPTIONS, IN CONNECTION  WITH
THE ISSUANCE OF A TITLE INSURANCE POLICY.
  (2)  SUCH  TERM  SHALL  NOT  INCLUDE  ANY  REGULAR SALARIED OFFICER OR
EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR OF  A  LICENSED
TITLE  INSURANCE  AGENT,  WHO  DOES  NOT  RECEIVE  A COMMISSION OR OTHER
COMPENSATION FOR SERVICES, WHICH COMMISSION  OR  OTHER  COMPENSATION  IS
DIRECTLY DEPENDENT UPON THE AMOUNT OF TITLE INSURANCE BUSINESS DONE.
  S  4. Subsection (a) of section 2109 of the insurance law, paragraph 3
as amended by chapter 687 of the laws of 2003, is  amended  to  read  as
follows:
  (a)  The  superintendent  may  issue  a  temporary  insurance  agent's
LICENSE, TITLE INSURANCE AGENT'S LICENSE or insurance broker's  license,
or  both  AN  INSURANCE  AGENT'S AND INSURANCE BROKER'S LICENSE, without
requiring the applicant to pass a written examination or to satisfy  the
requirements  of subsection (c) of section two thousand one hundred four
of this article except as to age, in the case of a license issued pursu-
ant to paragraph two [hereof]  OF  THIS  SUBSECTION,  in  the  following
cases:
  (1)  in the case of the death of a person who at the time of his death
was a licensed accident and health insurance agent under subsection  (a)
of  section  two  thousand one hundred three of this article, a licensed
insurance agent OR LICENSED TITLE INSURANCE AGENT under  subsection  (b)
of such section or a licensed insurance broker:
  (A)  to  the  executor or administrator of the estate of such deceased
agent or broker;
  (B) to a surviving next of kin of such deceased agent or broker, where
no administrator of his estate has been appointed and  no  executor  has
qualified under his duly probated will;
  (C) to the surviving member or members of a firm or association, which
at  the  time  of  the  death  of a member was such a licensed insurance
agent, LICENSED TITLE INSURANCE AGENT or licensed insurance broker; or
  (D) to an officer or director of a corporation upon the death  of  the
only  officer  or director who was qualified as a sub-licensee or to the
executor or administrator of the estate  of  such  deceased  officer  or
director;
  (2)  to any person who may be designated by a person licensed pursuant
to this chapter as an insurance  agent,  TITLE  INSURANCE  AGENT  or  an
insurance  broker,  or both AN INSURANCE AGENT AND INSURANCE BROKER, and
who is absent because of service in any branch of the  armed  forces  of
the  United  States, including a partnership or corporation [which] THAT
is licensed pursuant to this chapter as an insurance agent, TITLE INSUR-
ANCE AGENT or as an insurance broker, or both  AN  INSURANCE  AGENT  AND
INSURANCE BROKER, in a case where the sub-licensee or all sub-licensees,
if  more than one, named in the license or licenses issued to such part-
nership or corporation is or are absent because of service in any branch
of the armed forces of the United States; and

S. 6357--D                         20                         A. 8557--D

  (3) to the next of kin of a person who has become totally disabled and
prevented from pursuing any of the duties of his or her occupation,  and
who at the commencement of his or her disability was a licensed accident
and  health insurance agent under subsection (a) of section two thousand
one  hundred  three  of  this  article, a licensed insurance agent under
subsection (b) of such section, A LICENSED TITLE INSURANCE  AGENT  or  a
licensed insurance broker.
  S 5. Subsection (c) of section 2109 of the insurance law is amended to
read as follows:
  (c)  Such  license  or  licenses shall authorize the person or persons
named therein to renew the business of the deceased, absent or  disabled
INSURANCE  agent, TITLE INSURANCE AGENT, or INSURANCE broker, or both AN
INSURANCE AGENT AND INSURANCE BROKER, as the case may be, or of the firm
or, in the case of a license issued pursuant to paragraph one  or  three
of  subsection (a) [hereof] OF THIS SECTION, the association whose busi-
ness is being continued thereunder, each such agent[,] OR broker[,  firm
or  association]  being  referred to in this section as "original licen-
see", expiring during the period in  which  such  temporary  license  or
licenses  are  in  force,  to  collect  premiums  due and payable to the
original licensee or, in the case of a license issued pursuant to  para-
graph  one  of  subsection  (a)  [hereof] OF THIS SECTION, to his OR HER
estate, and to perform such other acts as an insurance  agent,  A  TITLE
INSURANCE  AGENT or [as] an insurance broker, or both AN INSURANCE AGENT
OR INSURANCE BROKER, as the case  may  be,  as  are  incidental  to  the
continuance of the insurance business of such original licensee.
  S  6.  Section  2109  of  the insurance law is amended by adding a new
subsection (h) to read as follows:
  (H) (1) IN THE CASE OF A PERSON SEEKING A TEMPORARY LICENSE TO ACT  AS
A  TITLE INSURANCE AGENT PURSUANT TO SUBSECTION (A) OF THIS SECTION, THE
SUPERINTENDENT MAY ISSUE A LICENSE FOR A TERM NOT TO EXCEED ONE  HUNDRED
EIGHTY DAYS TO SUCH PERSON PROVIDED THE PERSON:
  (A)  DEMONSTRATES  TO  THE  SATISFACTION  OF THE SUPERINTENDENT THAT A
TITLE INSURANCE CORPORATION IS WILLING TO APPOINT HIM OR HER;
  (B) SUBMITS TO THE NEXT AVAILABLE TITLE INSURANCE  AGENT  EXAMINATION;
AND
  (C)  DEMONSTRATES TO THE SATISFACTION OF THE SUPERINTENDENT THAT HE OR
SHE IS QUALIFIED, COMPETENT, EXPERIENCED AND TRUSTWORTHY  TO  ACT  AS  A
TITLE INSURANCE AGENT.
  (2)  ANY PERSON ISSUED A LICENSE PURSUANT TO THIS SUBSECTION SHALL, BY
VIRTUE OF SUCH LICENSE, BE AUTHORIZED TO SOLICIT, NEGOTIATE OR SELL  NEW
POLICIES OF TITLE INSURANCE.
  S  7.  Subsections  (a), (c), and (d) of section 2112 of the insurance
law, subsection (a) as amended by chapter  540  of  the  laws  of  1996,
subsection  (c)  as  amended  by  chapter  647  of  the laws of 1992 and
subsection (d) as amended by chapter  687  of  the  laws  of  2003,  are
amended to read as follows:
  (a)  Every  insurer,  fraternal  benefit society or health maintenance
organization doing business in this state shall file  a  certificate  of
appointment in such form as the superintendent may prescribe in order to
appoint  insurance  agents  OR,  IN THE CASE OF A TITLE INSURANCE CORPO-
RATION, TITLE INSURANCE AGENTS, to  represent  such  insurer,  fraternal
benefit society or health maintenance organization.
  (c)  Certificates of appointment shall be valid until [(i)] (1) termi-
nated by the appointing insurer OR TITLE INSURANCE AGENT after a  termi-
nation  in accordance with the provisions of the agency contract; [(ii)]

S. 6357--D                         21                         A. 8557--D

(2) the license is  suspended  or  revoked  by  the  superintendent;  or
[(iii)] (3) the license expires and is not renewed.
  (d)  Every  insurer,  fraternal  benefit society or health maintenance
organization or insurance producer or the authorized  representative  of
the  insurer, fraternal benefit society, health maintenance organization
or insurance producer doing business in this state  shall,  upon  termi-
nation  of the certificate of appointment as set forth in subsection (a)
of this section  of  any  insurance  agent,  OR  TITLE  INSURANCE  AGENT
licensed  in this state, or upon termination for cause for activities as
set forth in subsection (a) of section two thousand one hundred  ten  of
this  article,  of  the  certificate of appointment, of employment, of a
contract or other insurance business  relationship  with  any  insurance
producer,  file  with the superintendent within thirty days a statement,
in such form as the superintendent may prescribe, of the facts  relative
to  such  termination for cause. The insurer, fraternal benefit society,
health maintenance organization, insurance producer  or  the  authorized
representative of the insurer, fraternal benefit society, health mainte-
nance  organization  or insurance producer shall provide, within fifteen
days after notification has been sent to the superintendent, a  copy  of
the statement filed with the superintendent to the insurance producer at
his,  or her or its last known address by certified mail, return receipt
requested, postage prepaid or by overnight delivery using  a  nationally
recognized  carrier.    Every statement made pursuant to this subsection
shall be deemed a privileged communication.
  S 8. The insurance law is amended by adding a new section 2113 to read
as follows:
  S 2113. TITLE INSURANCE AGENT COMMISSIONS; DISCLOSURE. (A) NO  INSURER
DOING BUSINESS IN THIS STATE, AND NO AGENT OR OTHER REPRESENTATIVE THER-
EOF, SHALL PAY ANY COMMISSION OR OTHER COMPENSATION TO ANY PERSON, FIRM,
ASSOCIATION OR CORPORATION FOR ACTING AS A TITLE INSURANCE AGENT IN THIS
STATE, EXCEPT TO A LICENSED TITLE INSURANCE AGENT.
  (B)  AT  THE  TIME  OF  THE APPLICATION, A TITLE INSURANCE AGENT SHALL
PROVIDE TO EVERY APPLICANT FOR INSURANCE, A WRITTEN GOOD FAITH  ESTIMATE
OF THE PREMIUM ON THE POLICY OR POLICIES TO BE ISSUED AND A BREAKDOWN OF
THE  AMOUNT  OF  ALL  FEES AND SERVICE COSTS, INCLUDING ALL FILING FEES,
RECORDING CHARGES, AND CLOSING COSTS, AND ANY OTHER ANCILLARY OR DISCRE-
TIONARY CHARGES TO BE INCURRED, AND THE  AMOUNT  OF  ANY  COMMISSION  OR
OTHER  COMPENSATION  TO  BE  PAID  TO  SUCH AGENT BY THE TITLE INSURANCE
CORPORATION. IF NO TITLE INSURANCE AGENT IS UTILIZED, THE TITLE  INSURER
SHALL  PROVIDE  THE  DISCLOSURES.  IF THE APPLICANT IS REPRESENTED BY AN
ATTORNEY, THE WRITTEN GOOD FAITH  ESTIMATE  SHALL  BE  PROVIDED  TO  THE
ATTORNEY.
  (C)  NOTHING  IN  THIS CHAPTER SHALL BE DEEMED TO OR BE CONSTRUED IN A
MANNER TO AUTHORIZE OR PERMIT ANY ACTIVITY OR PRACTICE, WITH RESPECT  TO
THE  BUSINESS  OF  TITLE  INSURANCE,  THAT IS PROHIBITED BY SECTION FOUR
HUNDRED EIGHTY-FOUR OR FOUR HUNDRED NINETY-FIVE OF THE JUDICIARY LAW, OR
OTHERWISE PROHIBITED BY LAW, INCLUDING THE UNAUTHORIZED PRACTICE OF LAW.
  (D) EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION, NO PERSON OR
ENTITY WHO ACTS AS AN AGENT, REPRESENTATIVE, ATTORNEY,  OR  EMPLOYEE  OF
THE OWNER, LESSEE, OR MORTGAGEE, OR OF THE PROSPECTIVE OWNER, LESSEE, OR
MORTGAGEE  OF THE REAL PROPERTY OR ANY INTEREST THEREIN AND WHO OR WHOSE
SPOUSE ALSO IS A MEMBER, EMPLOYEE, OR  DIRECTOR  OF  A  TITLE  INSURANCE
AGENT,  OWNS ANY INTEREST IN A TITLE INSURANCE AGENT, OR IS A SUBSIDIARY
OR AFFILIATE OF ANY TITLE INSURANCE AGENT, SHALL REFER AN APPLICANT  FOR
INSURANCE  TO SUCH AGENT, AND NO SUCH TITLE INSURANCE AGENT SHALL ACCEPT
ANY SUCH REFERRAL OF TITLE INSURANCE BUSINESS, UNLESS  THE  REFERRAL  IS

S. 6357--D                         22                         A. 8557--D

MADE  IN  ACCORDANCE WITH SECTION SIX THOUSAND FOUR HUNDRED NINE OF THIS
CHAPTER AND SUCH PERSON OR ENTITY, AT THE TIME  OF  MAKING  A  REFERRAL,
PROVIDES,  AT  A MINIMUM, THE FOLLOWING WRITTEN DISCLOSURE TO THE APPLI-
CANT:
  (1)  THE  NATURE  OF THE RELATIONSHIP BETWEEN THE PERSON OR ENTITY AND
THE TITLE INSURANCE AGENT;
  (2) THAT THE APPLICANT IS NOT REQUIRED TO  USE  THE  SERVICES  OF  THE
TITLE  INSURANCE  AGENT  OR THE TITLE INSURANCE CORPORATION TO WHICH THE
APPLICANT IS BEING REFERRED;
  (3) THAT ANY MONEY OR OTHER THING OF VALUE DIRECTLY OR INDIRECTLY PAID
BY THE TITLE INSURANCE AGENT  OR  TITLE  INSURANCE  CORPORATION  TO  THE
PERSON  OR  ENTITY IS BASED ON THE PERSON OR ENTITY'S FINANCIAL INTEREST
IN THE TITLE INSURANCE AGENT, AND IS NOT RELATED TO THE AMOUNT OF  TITLE
INSURANCE  BUSINESS  THE  PERSON OR ENTITY REFERS TO THE TITLE INSURANCE
AGENT;
  (4) THAT THE PERSON OR ENTITY IS NOT REQUIRED  TO  REFER  A  SPECIFIED
AMOUNT OF TITLE INSURANCE BUSINESS TO THE TITLE INSURANCE AGENCY;
  (5)  THE  AMOUNT  OR VALUE OF ANY COMPENSATION OR OTHER THING OF VALUE
THAT THE PERSON OR ENTITY EXPECTS TO  RECEIVE  IN  CONNECTION  WITH  THE
SERVICES TO BE PROVIDED BY THE TITLE INSURANCE AGENT OR THE TITLE INSUR-
ANCE CORPORATION TO WHICH THE PARTY IS BEING REFERRED; AND
  (6)  ANY  RELEVANT  DISCLOSURES  REQUIRED  BY  THE FEDERAL REAL ESTATE
SETTLEMENT PROCEDURES ACT OF 1974, AS AMENDED.
  (E) FOR THE PURPOSES OF THIS CHAPTER, AN ATTORNEY OR HIS  OR  HER  LAW
FIRM  MAY  REPRESENT  A  CLIENT  IN A MATTER AND MAY ALSO ACT AS A TITLE
INSURANCE AGENT IN SUCH MATTER SUBJECT TO APPLICABLE LAW.
  (F) WHERE A LICENSED ATTORNEY REPRESENTS AN APPLICANT IN A REAL ESTATE
TRANSACTION AND THE APPLICANT ALSO RETAINS THE  ATTORNEY  AS  THE  TITLE
INSURANCE  AGENT, THE ATTORNEY SHALL NOT BE REQUIRED TO MAKE THE WRITTEN
DISCLOSURE REQUIRED BY SUBSECTION  (D)  OF  THIS  SECTION  PROVIDED  THE
ATTORNEY  ADVISES  THE CLIENT THAT THE CLIENT IS NOT REQUIRED TO USE THE
ATTORNEY AS THE TITLE INSURANCE AGENT.
  (G) AS USED IN THIS  SECTION,  "APPLICANT"  MEANS  THE  PERSON,  FIRM,
LIMITED  LIABILITY  COMPANY  OR CORPORATION FOR WHOM THE PURCHASE OF THE
PROPERTY THAT IS THE SUBJECT OF THE TITLE INSURANCE POLICY  IS  FINANCED
OR  TO  WHOM  A  MORTGAGE LOAN IS MADE OR WHO OWNS THE PROPERTY, OR TO A
PERSON WHO IS AN ATTORNEY-IN-FACT FOR SUCH PERSON.
  (H) THE SUPERINTENDENT SHALL PROMULGATE  REGULATIONS  TO  ENFORCE  THE
DISCLOSURE  REQUIREMENTS OF SUBDIVISION (D) OF THIS SECTION AND IN DOING
SO SHALL CONSIDER THE RELEVANT STANDARDS  OF  THE  FEDERAL  REAL  ESTATE
SETTLEMENT PROCEDURES ACT OF 1974, AS AMENDED.
  S  9.  The  section  heading  of section 2119 of the insurance law, as
amended by chapter 499 of the  laws  of  2009,  is  amended  and  a  new
subsection (f) is added to read as follows:
  Insurance agents, brokers, consultants, [and] life settlement brokers,
AND  TITLE  INSURANCE  AGENTS; written contract for compensation; excess
charges prohibited.
  (F) NO TITLE INSURANCE AGENT MAY  RECEIVE  ANY  COMPENSATION  OR  FEE,
DIRECT  OR  INDIRECT,  FOR  OR  ON  ACCOUNT  OF  SERVICES  PERFORMED  IN
CONNECTION WITH THE ISSUANCE OF A TITLE INSURANCE  POLICY,  UNLESS  SUCH
COMPENSATION  IS: (1) FOR ANCILLARY SERVICES NOT ENCOMPASSED IN THE RATE
OF PREMIUM APPROVED BY THE SUPERINTENDENT; AND (2) BASED UPON A  WRITTEN
MEMORANDUM  SIGNED BY THE PARTY TO BE CHARGED, AND SPECIFYING OR CLEARLY
DEFINING THE AMOUNT OR EXTENT OF SUCH COMPENSATION  TO  BE  CHARGED  FOR
EACH  ANCILLARY  SERVICE  AS  WELL  AS THE TOTAL AMOUNT OR EXTENT OF THE
COMPENSATION TO BE CHARGED. A COPY OF EVERY  SUCH  MEMORANDUM  SHALL  BE

S. 6357--D                         23                         A. 8557--D

RETAINED  BY  THE  LICENSEE  FOR  NOT  LESS  THAN THREE YEARS AFTER SUCH
SERVICES HAVE BEEN FULLY PERFORMED. FOR  PURPOSES  OF  THIS  SUBSECTION,
LEGAL  SERVICES  PERFORMED  BY A NEW YORK STATE LICENSED ATTORNEY WHO IS
ALSO  ENGAGED  AS A TITLE INSURANCE AGENT SHALL NOT BE CONSIDERED ANCIL-
LARY SERVICES.
  S 10. The section heading and subsections (a) and (c) of section  2120
of the insurance law are amended to read as follows:
  Fiduciary capacity of insurance agents, TITLE INSURANCE AGENTS, insur-
ance  brokers and reinsurance intermediaries. (a) Every insurance agent,
TITLE INSURANCE AGENT, and [every] insurance broker acting  as  such  in
this  state  shall  be responsible in a fiduciary capacity for all funds
received or collected as insurance agent or insurance broker, and  shall
not,  without  the  express consent of his, HER or its principal, mingle
any such funds with his, HER or its own funds or with funds held by him,
HER or it in any other capacity.
  (c) This section shall not require any  such  INSURANCE  agent,  TITLE
INSURANCE  AGENT,  INSURANCE broker or reinsurance intermediary to main-
tain a separate bank deposit for the funds of each  such  principal,  if
and  as long as the funds so held for each such principal are reasonably
ascertainable from the books of  account  and  records  of  such  agent,
broker or reinsurance intermediary, as the case may be.
  S  11.  The  section heading and subsection (a) of section 2122 of the
insurance law are amended to read as follows:
  Advertising by insurance [agents and brokers] PRODUCERS.  (a)  (1)  No
insurance  [agent  or  insurance broker] PRODUCER shall make or issue in
this state any advertisement, sign, pamphlet, circular,  card  or  other
public  announcement purporting to make known the financial condition of
any insurer, unless the  same  shall  conform  to  the  requirements  of
section one thousand three hundred thirteen of this chapter.
  (2)  No  insurance [agent, insurance broker] PRODUCER or other person,
shall, by any advertisement or public announcement in this  state,  call
attention to any unauthorized insurer or insurers.
  S  12.  Subsections  (a) and (b) of section 2128 of the insurance law,
subsection (b) as further amended by section 104 of part A of chapter 62
of the laws of 2011, are amended to read as follows:
  (a) Notwithstanding the provisions  of  sections  two  thousand  three
hundred  twenty-four  and  four thousand two hundred twenty-four of this
chapter, no [insurance agent, insurance  broker,  insurance  consultant,
excess  line  broker,  reinsurance  intermediary  or insurance adjuster]
LICENSEE SUBJECT TO THIS ARTICLE shall receive any commissions  or  fees
or  shares  thereof in connection with insurance coverages placed for or
insurance services rendered to the state, its agencies and  departments,
public  benefit  corporations,  municipalities  and  other  governmental
subdivisions in this state,  unless  such  [insurance  agent,  insurance
broker,  insurance  consultant, excess line broker, reinsurance interme-
diary or insurance adjuster] LICENSEE actually placed  insurance  cover-
ages on behalf of or rendered insurance services to the state, its agen-
cies  and  departments,  public benefit corporations, municipalities and
other governmental subdivisions in this state.
  (b)  The  superintendent  shall,  by  regulation,  require  [insurance
agents,  insurance  brokers, insurance consultants, excess line brokers,
reinsurance intermediaries and insurance adjusters] LICENSEES SUBJECT TO
THIS ARTICLE to file disclosure statements with the department of finan-
cial services and the most senior  official  of  the  governmental  unit
involved,  with  respect to any insurance coverages placed for or insur-
ance services rendered to  the  state,  its  agencies  and  departments,

S. 6357--D                         24                         A. 8557--D

public  benefit  corporations,  municipalities  and  other  governmental
subdivisions in this state, EXCEPT THAT NEITHER A TITLE INSURANCE CORPO-
RATION NOR A TITLE INSURANCE AGENT SHALL BE REQUIRED TO FILE  A  DISCLO-
SURE  STATEMENT  IF  AN INDUSTRIAL DEVELOPMENT AGENCY, STATE OF NEW YORK
MORTGAGE AGENCY OR ITS SUCCESSOR, OR ANY SIMILAR TYPE OF ENTITY, IS  THE
NAMED  INSURED  UNDER  THE POLICY AND IS A MORTGAGEE WITH RESPECT TO THE
PROPERTY INSURED.
  S 13. Subsections (a) and (b) of section 2132 of the insurance law, as
amended by chapter 499 of the laws of  2009,  are  amended  to  read  as
follows:
  (a)  This  section  shall  apply  to resident and non-resident persons
licensed pursuant to this article with respect to:
  (1) life insurance, annuity contracts, variable annuity contracts  and
variable life insurance;
  (2) sickness, accident and health insurance;
  (3) all lines of property and casualty insurance; [and]
  (4) life settlements[.]; AND
  (5) TITLE INSURANCE.
  (b) This section shall not apply to:
  (1)  those  persons  holding  licenses for which an examination is not
required by the laws of this state;
  (2) any limited licensees or any other licensees as the superintendent
may exempt subject  to  any  continuing  education  requirements  deemed
appropriate by the superintendent; [or]
  (3)  for  purposes  of  the continuing education requirements for life
settlements, an insurance producer with a life line of authority who  is
acting  as a life settlement broker pursuant to section two thousand one
hundred thirty-seven of this article; OR
  (4) FOR PURPOSES OF A  TITLE  INSURANCE  AGENT  LICENSE,  AN  ATTORNEY
LICENSED  TO  PRACTICE LAW IN THIS STATE, PROVIDED THAT SUCH ATTORNEY IS
IN GOOD STANDING WITH THE NEW YORK STATE OFFICE OF COURT ADMINISTRATION.
  S 14. The insurance law is amended by adding a  new  section  2139  to
read as follows:
  S 2139. TITLE INSURANCE AGENTS; LICENSING.  (A) THE SUPERINTENDENT MAY
ISSUE A LICENSE TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION THAT HAS
COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING THE LICENSEE
TO  ACT  AS  A  TITLE  INSURANCE AGENT OF ANY AUTHORIZED TITLE INSURANCE
CORPORATION.
  (B) ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION  SHALL  AUTHORIZE
ONLY THE MEMBERS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT
INDIVIDUALLY  AS TITLE INSURANCE AGENTS THEREUNDER, AND ANY SUCH LICENSE
ISSUED TO A CORPORATION SHALL AUTHORIZE ONLY THE OFFICERS AND  DIRECTORS
THEREOF,  NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS
TITLE INSURANCE AGENTS THEREUNDER. EVERY SUB-LICENSEE  ACTING  AS  TITLE
INSURANCE AGENT PURSUANT TO SUCH A LICENSE SHALL BE AUTHORIZED SO TO ACT
ONLY  IN THE NAME OF THE LICENSEE.  AT LEAST ONE DESIGNATED SUB-LICENSEE
MUST HAVE A FINANCIAL OR OTHER BENEFICIAL INTEREST IN THE LICENSEE.
  (C) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER  THIS  SECTION  AND
EVERY  PROPOSED  LICENSEE SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE
TIME OF THE ISSUANCE OF SUCH LICENSE.
  (D) BEFORE ANY ORIGINAL TITLE INSURANCE  AGENT'S  LICENSE  IS  ISSUED,
THERE  SHALL  BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA-
TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS  AND  SUPPLEMENTS
THERETO,  ALONG  WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR
OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND  CONTAIN-
ING INFORMATION THE SUPERINTENDENT PRESCRIBES.

S. 6357--D                         25                         A. 8557--D

  (E)  THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF
EVERY INDIVIDUAL APPLICANT AND OF EVERY PROPOSED  SUB-LICENSEE  FOR  THE
TITLE  INSURANCE  AGENT  LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A
PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF
THE  SUPERINTENDENT.  THE  EXAMINATION  SHALL  BE HELD AT SUCH TIMES AND
PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO  TIME  DETERMINE.  EVERY
INDIVIDUAL  APPLYING  TO TAKE ANY WRITTEN EXAMINATION SHALL, AT THE TIME
OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF
THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER  CONTRACT
TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS
THE  ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING
EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM  TIME  TO  TIME.  AN
EXAMINATION  FEE  REPRESENTS  AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE
REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH  EXAMINA-
TION,  THE  RESULT  OF  ANY  PREVIOUS  WRITTEN EXAMINATION, GIVEN BY THE
SUPERINTENDENT, WHICH IN THE SUPERINTENDENT'S JUDGMENT, IS EQUIVALENT TO
THE EXAMINATION FOR WHICH IT IS SUBSTITUTED.
  (F) EVERY INDIVIDUAL SEEKING TO QUALIFY  TO  OBTAIN  A  LICENSE  UNDER
SUBSECTION  (B)  OF  THIS  SECTION SHALL BE REQUIRED TO PASS THE TYPE OR
TYPES OF EXAMINATION PRESCRIBED BY  THE  SUPERINTENDENT.  AN  INDIVIDUAL
SHALL  NOT  BE DEEMED QUALIFIED TO TAKE THE EXAMINATION UNLESS THE INDI-
VIDUAL HAS SUCCESSFULLY COMPLETED A COURSE OR COURSES,  APPROVED  AS  TO
METHOD  AND  CONTENT BY THE SUPERINTENDENT, COVERING THE TITLE INSURANCE
BUSINESS AND REQUIRING NOT LESS THAN TWENTY HOURS OF CLASSROOM  WORK  OR
THE  EQUIVALENT  IN  CORRESPONDENCE  WORK  OR  SIMILAR INSTRUCTION. SUCH
COURSE OR COURSES SHALL HAVE BEEN GIVEN BY AN  INSTITUTION  MEETING  THE
STANDARDS  PRESCRIBED BY SUBPARAGRAPH (A) OF PARAGRAPH ONE OF SUBSECTION
(C) OF SECTION TWO THOUSAND ONE HUNDRED FOUR OF THIS ARTICLE.
  (G) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING  EDUCATION  SHALL  BE
REQUIRED OF ANY:
  (1)  APPLICANT  WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE
YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND WHO DEMONSTRATES TO
THE SATISFACTION OF  THE  SUPERINTENDENT  THAT  SUCH  APPLICANT  OR  ITS
PROSPECTIVE   SUB-LICENSEE  HAS,  WITHOUT  INTERRUPTION,  REGULARLY  AND
CONTINUOUSLY PERFORMED THE FUNCTIONS OF A TITLE INSURANCE  AGENT  FOR  A
PERIOD  OF  AT LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING OF SUCH
APPLICATION AND IS COMPETENT AND TRUSTWORTHY TO ACT AS A TITLE INSURANCE
AGENT;
  (2) APPLICANT WHO HAS PASSED THE  WRITTEN  EXAMINATION  GIVEN  BY  THE
SUPERINTENDENT FOR A TITLE INSURANCE AGENT'S LICENSE AND WAS LICENSED AS
SUCH, OR OF AN APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE AGENT BUT
DID  NOT PASS SUCH AN EXAMINATION, PROVIDED THE APPLICANT APPLIES WITHIN
TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S  LICENSE;
OR
  (3)  APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE AGENT,
WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE PROVIDED
THAT SUCH ATTORNEY IS IN GOOD STANDING WITH THE NEW YORK STATE OFFICE OF
COURT ADMINISTRATION.
  (H) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO  AN  APPLICANT  A  TITLE
INSURANCE  AGENT'S  LICENSE  IF,  IN  THE SUPERINTENDENT'S JUDGMENT, THE
PROPOSED LICENSEE OR ANY SUB-LICENSEE:
  (1) IS NOT TRUSTWORTHY AND COMPETENT TO ACT AS SUCH AGENT;
  (2) HAS GIVEN CAUSE  FOR  THE  REVOCATION  OR  SUSPENSION  OF  SUCH  A
LICENSE; OR
  (3)  HAS  FAILED  TO  COMPLY WITH ANY PREREQUISITE FOR THE ISSUANCE OF
SUCH LICENSE.

S. 6357--D                         26                         A. 8557--D

  (I) (1)  EVERY  LICENSE  ISSUED  TO  A  BUSINESS  ENTITY  PURSUANT  TO
SUBSECTION  (A)  OF  THIS  SECTION  SHALL  EXPIRE  ON  JUNE THIRTIETH OF
ODD-NUMBERED YEARS.
  (2) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR
SHALL  EXPIRE  ON  THE  INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR.
LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL  EXPIRE
ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR.
  (3) EVERY LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR
MONTHS  UPON  THE  FILING  OF  AN  APPLICATION  IN  CONFORMITY WITH THIS
SUBSECTION.
  (4) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR  UPON
APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF.
  (5)  ANY  LICENSE  SHALL  BE  CONSIDERED  IN  GOOD STANDING WITHIN THE
LICENSE TERM UNLESS:
  (A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS  ARTI-
CLE; OR
  (B)  IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS
TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING
DURING THE TERM.
  (6) BEFORE THE RENEWAL OF ANY TITLE INSURANCE AGENT'S LICENSE SHALL BE
ISSUED, THE LICENSEE SHALL HAVE:
  (A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR  FORMS,  AND
SUPPLEMENTS  THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN-
DENT MAY PRESCRIBE; AND
  (B) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION.
  (7) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
THE SUPERINTENDENT BEFORE THE  EXPIRATION  OF  SUCH  LICENSE,  THEN  THE
LICENSE  SOUGHT  TO  BE  RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT
EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE  RENEWAL  LICENSE
APPLIED  FOR  OR  UNTIL  FIVE  DAYS  AFTER THE SUPERINTENDENT SHALL HAVE
REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL  HAVE  GIVEN  NOTICE  OF
SUCH  REFUSAL TO THE APPLICANT AND TO EACH PROPOSED SUB-LICENSEE. BEFORE
REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF  FAILURE  TO
PASS  A  WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLI-
CANT OF THE SUPERINTENDENT'S INTENTION TO  DO  SO  AND  SHALL  GIVE  THE
APPLICANT A HEARING.
  (8)  THE  SUPERINTENDENT  MAY,  IN ISSUING A RENEWAL LICENSE, DISPENSE
WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN-
SEE OR SUB-LICENSEE WHO, BY REASON OF  BEING  ENGAGED  IN  ANY  MILITARY
SERVICE  FOR  THE  UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION
FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF
SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE,  BY
SOME  PERSON OR PERSONS WHO IN HIS OR HER JUDGMENT HAVE KNOWLEDGE OF THE
FACTS AND WHO MAKE AFFIDAVIT  SHOWING  SUCH  MILITARY  SERVICE  AND  THE
INABILITY OF SUCH TITLE INSURANCE AGENT TO MAKE PERSONAL APPLICATION.
  (9)  AN  INDIVIDUAL  LICENSEE  OR SUB-LICENSEE WHO IS UNABLE TO COMPLY
WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING  CIRCUMSTANCES,
SUCH  AS  A  LONG-TERM  MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH
PROCEDURES, IN SUCH FORM AS  THE  SUPERINTENDENT  SHALL  PRESCRIBE.  THE
LICENSEE  OR  SUB-LICENSEE  MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION
REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO  COMPLY
WITH RENEWAL PROCEDURES.
  (10)  AN  APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH
THE SUPERINTENDENT NOT LESS THAN  SIXTY  DAYS  PRIOR  TO  THE  DATE  THE
LICENSE  EXPIRES  OR  THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF
TEN DOLLARS FOR LATE FILING.

S. 6357--D                         27                         A. 8557--D

  (11) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO  SERVED  AS  A
MEMBER  OF  THE  ARMED  FORCES OF THE UNITED STATES AT ANY TIME, AND WHO
SHALL  HAVE  BEEN  DISCHARGED  THEREFROM  UNDER  CONDITIONS  OTHER  THAN
DISHONORABLE,  IN  A  CURRENT  LICENSING PERIOD FOR THE DURATION OF SUCH
PERIOD.
  (12)  EXCEPT  WHERE  A  CORPORATION, ASSOCIATION OR FIRM LICENSED AS A
TITLE INSURANCE AGENT IS APPLYING TO ADD A SUB-LICENSEE OR THE  DATE  OF
THE EXPIRATION OF THE LICENSE IS CHANGED, THERE SHALL BE NO FEE REQUIRED
FOR THE ISSUANCE OF AN AMENDED LICENSE.
  (13) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT-
LY  IN-FORCE  LICENSE  THAT  HAS  BEEN  LOST  OR  DESTROYED. BEFORE SUCH
REPLACEMENT LICENSE SHALL BE ISSUED, THERE  SHALL  BE  ON  FILE  IN  THE
OFFICE  OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT
LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT  THE  ORIGINAL  LICENSE
HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS.
  (J)  THE  SUPERINTENDENT  MAY  REFUSE  TO  ISSUE  A LICENSE OR RENEWAL
LICENSE, AS THE CASE MAY BE, TO  ANY  APPLICANT  IF  THE  SUPERINTENDENT
FINDS THAT THE APPLICANT HAS BEEN OR WILL BE:
  (1)  RECEIVING  ANY  BENEFIT  OR ADVANTAGE IN VIOLATION OF SECTION SIX
THOUSAND FOUR HUNDRED NINE OF THIS CHAPTER; OR
  (2) ACTING IN A MANNER INCONSISTENT WITH:
  (A) REGULATIONS BY THE SUPERINTENDENT WHICH ARE PROMULGATED IN ACCORD-
ANCE WITH THE RELEVANT PROVISIONS OF THE FEDERAL REAL ESTATE  SETTLEMENT
PROCEDURES ACT OF 1974, AS AMENDED; OR
  (B) SECTION TWENTY-ONE HUNDRED THIRTEEN OF THIS ARTICLE.
  (K)  FOR THE PURPOSES OF THIS CHAPTER, ANY PERSON OR ENTITY PERFORMING
ANY ACTIVITY RELATED TO THE PROCUREMENT OR ISSUANCE OF A TITLE INSURANCE
POLICY, AS THE RESULT OF AN AUTHORIZATION OR  REQUEST  FROM  A  LICENSED
TITLE  AGENT  OR  TITLE  INSURANCE  CORPORATION, SHALL BE PRESUMED TO BE
ACTING UNDER THE AUTHORITY OF SUCH LICENSED  AGENT  OR  TITLE  INSURANCE
CORPORATION,  FOR  THE PURPOSE OF PERFORMING SUCH ACTIVITY SO AUTHORIZED
OR REQUESTED.
  S 15. Section 2314 of the insurance law is amended to read as follows:
  S 2314. Charging  of  rates.  No  authorized  insurer  shall,  and  no
licensed insurance agent, NO TITLE INSURANCE AGENT, no employee or other
representative  of  an  authorized  insurer,  and  no licensed insurance
broker shall knowingly, charge or demand a rate  or  receive  a  premium
[which]  THAT  departs  from  the  rates, rating plans, classifications,
schedules, rules and standards in effect on behalf of  the  insurer,  or
shall  issue or make any policy or contract involving a violation there-
of.
  S 16. Subsection (a) of section 107 of the insurance law is amended by
adding a new paragraph 54 to read as follows:
  (54) "TITLE INSURANCE AGENT" SHALL BE DEEMED TO HAVE THE SAME  MEANING
AS  PARAGRAPH  ONE OF SUBSECTION (Y) OF SECTION TWO THOUSAND ONE HUNDRED
ONE OF THIS CHAPTER.
  S 17. Section 6409 of the insurance law, subsection (c)  as  added  by
chapter 955 of the laws of 1984, is amended to read as follows:
  S  6409.  Filing  of  policy  forms;  rates;  classification of risks;
commissions and rebates prohibited. (a) No title insurance policy  shall
be  issued  or  delivered in this state, unless [and until a copy of the
form thereof shall have] IT HAS been filed with the superintendent  [for
his  information]  IN  ACCORDANCE  WITH  ARTICLE  TWENTY-THREE  OF  THIS
CHAPTER.
  (b) [Every title insurance corporation shall file with the superinten-
dent its rate manual, if any, its basic schedule of  rates  and  classi-

S. 6357--D                         28                         A. 8557--D

fication  of  risks,  its  rating  plan and rules in connection with the
writing or issuance of policies of title insurance and shall  thereafter
likewise  file any changes therein. After any such filing no such corpo-
ration  shall,  in  connection  with the writing or issuance of any such
policy, deviate from the rates, classifications of risks and rules  last
filed  by  it,  either  by  making any reduction in rates without having
filed the same as herein provided, or by way of any  discriminations  in
favor  of  or  against  any  insured.  The superintendent shall have the
powers specified in article twenty-three of this chapter  applicable  to
title insurers.] TITLE INSURANCE RATES AND RATE FILINGS SHALL BE SUBJECT
TO ARTICLE TWENTY-THREE OF THIS CHAPTER.
  (c)  Notwithstanding  any other provision of this article, every title
insurance [company] CORPORATION shall [be  required  to]  offer,  at  or
prior to title closing, an optional policy form [which will insure] THAT
INSURES the title of owner-occupied real property used predominantly for
residential  purposes [which] THAT consists of not more than four dwell-
ing units for an amount equal to the market value of the property at the
time a loss is discovered. Such policy form shall  be  filed  with,  AND
APPROVED  BY,  the  superintendent  [pursuant  to subsection (a) of this
section] IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER.  Rates
for  such  coverage  shall be filed AND APPROVED pursuant to [subsection
(b) of this section] ARTICLE TWENTY-THREE OF THIS CHAPTER.
  (d) No title insurance corporation,  TITLE  INSURANCE  AGENT,  or  any
other  person acting for or on behalf of [it] THE TITLE INSURANCE CORPO-
RATION OR TITLE INSURANCE AGENT, shall OFFER OR make, DIRECTLY OR  INDI-
RECTLY, any rebate of any portion of the fee, premium or charge made, or
pay or give to any applicant [for insurance], or to any person, firm, or
corporation  acting  as  agent, representative, attorney, or employee of
the owner, lessee, mortgagee or the prospective owner, lessee, or  mort-
gagee [or the prospective owner, lessee, or mortgagee] of the real prop-
erty or any interest therein, either directly or indirectly, any commis-
sion,  any  part  of  its fees or charges, or any other consideration or
valuable thing, as an inducement for, or as compensation for, any  title
insurance  business,  NOR  SHALL  ANY APPLICANT, OR ANY PERSON, FIRM, OR
CORPORATION ACTING AS AGENT, REPRESENTATIVE, ATTORNEY,  OR  EMPLOYEE  OF
THE  OWNER,  LESSEE,  MORTGAGEE  OR OF THE PROSPECTIVE OWNER, LESSEE, OR
MORTGAGEE OF THE REAL PROPERTY OR ANYONE HAVING  ANY  INTEREST  IN  REAL
PROPERTY  KNOWINGLY  RECEIVE, DIRECTLY OR INDIRECTLY, ANY SUCH REBATE OR
OTHER CONSIDERATION OR  VALUABLE  THING.    Any  person  or  entity  who
[accepts  or receives such a commission or rebate] VIOLATES THIS SECTION
shall be subject to a penalty [equal to  the  greater  of  one  thousand
dollars  or five times the amount thereof] OF (1) FIVE THOUSAND DOLLARS;
OR (2) UP TO TEN TIMES THE AMOUNT OF ANY COMPENSATION OR REBATE RECEIVED
OR PAID IN THE CASE OF A TITLE INSURANCE CORPORATION OR TITLE  INSURANCE
AGENT;  OR (3) UP TO FIVE TIMES THE AMOUNT OF ANY COMPENSATION OR REBATE
RECEIVED OR PAID; OR (4) IN THE CASE OF AN APPLICANT FOR TITLE INSURANCE
THAT COVERS REAL PROPERTY USED PREDOMINANTLY FOR  RESIDENTIAL  PURPOSES,
AND  WHICH  CONSISTS  OF  NOT  MORE THAN FOUR DWELLING UNITS, OTHER THAN
HOTELS AND MOTELS, AN AMOUNT NOT TO EXCEED THE  COMPENSATION  OR  REBATE
RECEIVED  OR  PAID,  WHEN SUCH APPLICANT KNEW THAT IT WAS A VIOLATION TO
RECEIVE SUCH REBATE, OR OTHER CONSIDERATION OR VALUABLE THING; PROVIDED,
HOWEVER, IF SUCH APPLICANT DID NOT KNOW  THAT  IT  WAS  A  VIOLATION  TO
RECEIVE SUCH REBATE, OR OTHER CONSIDERATION OR VALUABLE THING, HE OR SHE
SHALL NOT BE ASSESSED A PENALTY UNDER THIS SUBDIVISION.
  (e)  Premium  rates  for  coverage  shall  fully reflect the foregoing
prohibitions of subsection (d) [hereof] OF THIS SECTION.

S. 6357--D                         29                         A. 8557--D

  S 18. This act shall take effect on  the  one  hundred  eightieth  day
after  it  shall  have  become  a law, provided, however, that effective
immediately:
  (1)  the  addition,  amendment,  or  repeal  of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized  and  directed  to  be  made  and completed on or before such
effective date;
  (2) the superintendent of financial services shall promulgate applica-
tion forms for persons, firms, associations, and corporations seeking to
obtain a license as a title insurance agent; and
  (3) each person, firm, association, or corporation that has  filed  an
application for a license as a title insurance agent, on or before Janu-
ary  1,  2015  or  within  90 days after the superintendent of financial
services has promulgated application forms pursuant to this act,  which-
ever  date  is  later, may act as such licensee without a license issued
pursuant to section 2139 of the insurance law, as added by section four-
teen of this act, until the superintendent  of  financial  services  has
made  a final determination on the application for such license filed by
such person, firm, association, or corporation.

                                 PART W

  Section 1. Section 2 of part BB of chapter 58 of  the  laws  of  2012,
amending the public authorities law relating to authorizing the dormito-
ry  authority  to  enter into certain design and construction management
agreements, as amended by section 1 of part I of chapter 58 of the  laws
of 2013, is amended to read as follows:
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed April 1, [2014] 2015.
  S 2. Within 90 days of the effective date of this act,  the  dormitory
authority  of  the  state  of  New York shall provide a report providing
information regarding any project undertaken pursuant to  a  design  and
construction  management  agreement, as authorized by part BB of chapter
58 of the laws of 2012, between the dormitory authority of the state  of
New  York  and  the  department of environmental conservation and/or the
office of parks, recreation and historic preservation to  the  governor,
the  temporary president of the senate and speaker of the assembly. Such
report shall include but not be limited to a description  of  each  such
project,  the  project  identification  number  of each such project, if
applicable, the projected date of completion, the status of the project,
the total cost or projected cost of each such project, and the location,
including the names of any county, town, village  or  city,  where  each
such project is located or proposed. In addition, such a report shall be
provided to the aforementioned parties by the first day of March of each
year  that  the authority to enter into such agreements pursuant to part
BB of chapter 58 of the laws of 2012 is in effect.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in effect on and after April 1, 2014.

                                 PART X

  Section  1. Section 2 of chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the dormito-
ry authority of the state of New York relative to the  establishment  of
subsidiaries for certain purposes, as amended by section 28 of part D of
chapter 56 of the laws of 2012, is amended to read as follows:

S. 6357--D                         30                         A. 8557--D

  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2014] 2016; provided however, that the expi-
ration of this act shall not impair  or  otherwise  affect  any  of  the
powers,  duties,  responsibilities,  functions, rights or liabilities of
any  subsidiary  duly  created  pursuant  to  subdivision twenty-five of
section 1678 of the public authorities law prior to such expiration.
  S 2. This act shall take effect immediately.

                                 PART Y

  Section 1. Section 2976-a of the public authorities law is REPEALED.
  S 2. Section 2868 of the public health law, as amended by section 43-a
of part B of chapter 58 of the laws of  2008,  is  amended  to  read  as
follows:
  S 2868. Fees and charges. The commissioner may by regulation establish
and charge to any nursing home company, for the period of occupancy date
to mortgage discharge, a fee for inspection, regulation, supervision and
audit  not  to annually exceed two-tenths of one percent of the mortgage
loan to recover the departmental costs in performing these functions  IN
RELATION  TO  ANY  NURSING HOME PROJECT FINANCED OR REFINANCED BY A LOAN
MADE UNDER THIS ARTICLE PRIOR TO APRIL  FIRST,  TWO  THOUSAND  FOURTEEN.
NOTWITHSTANDING  THE  FOREGOING, NO SUCH FEE SHALL BE CHARGED OR PAYABLE
PURSUANT TO THIS SECTION WITH RESPECT TO A NURSING HOME PROJECT FINANCED
OR REFINANCED WITH BONDS ISSUED ON OR AFTER APRIL  FIRST,  TWO  THOUSAND
FOURTEEN.
  S 3. Section 2881 of the public health law, as amended by section 43-b
of  part  B  of  chapter  58  of the laws of 2008, is amended to read as
follows:
  S 2881. Fees and charges. The commissioner may, by regulation,  estab-
lish  and  charge  to  eligible borrowers, for the period from occupancy
date to mortgage discharge, a fee  for  inspection,  regulation,  super-
vision and audit not to annually exceed two-tenths of one percent of the
mortgage  loan  to  recover  the  departmental costs in performing these
functions IN RELATION TO ANY HOSPITAL PROJECT FINANCED OR REFINANCED  BY
A  LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND FOUR-
TEEN.  NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL  BE  CHARGED  OR
PAYABLE  PURSUANT  TO  THIS  SECTION  WITH RESPECT TO A HOSPITAL PROJECT
FINANCED OR REFINANCED WITH BONDS ISSUED ON OR AFTER  APRIL  FIRST,  TWO
THOUSAND FOURTEEN.
  S 4. This act shall take effect immediately.

                                 PART Z

  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  chapter  81  of the laws of 2013, 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, on July 1, [2014] 2015.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2014.

                                 PART AA

S. 6357--D                         31                         A. 8557--D

  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 H of chapter 58 of the  laws  of  2013,  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, [2014]  2015,  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, 2014.

                                 PART BB

  Section 1. Subdivision 41 of section 16 of the agriculture and markets
law,  as  amended by chapter 361 of the laws of 2003, is amended to read
as follows:
  41. (A) Establish and maintain New York state domestic  animal  health
assurance  programs,  voluntary,  on-farm, integrated disease prevention
programs, directed at improving animal health and promoting a  safe  and
wholesome  food supply. Such programs may include but are not limited to
the New York state cattle and horse health assurance programs. To  carry
out  such programs, the department may contract with public, private and
academic entities and shall encourage such entities to seek federal  and
private sources of funds for such programs.
  (B)  ANY PROPRIETARY FARM PROTOCOL, ANIMAL OR HERD TESTING INFORMATION
AND/OR PRODUCER HERD  DATA  MAINTAINED  IN  CONFIDENCE  AND  VOLUNTARILY
PROVIDED  BY  AN  OWNER  OR  OPERATOR  OF A FARM OPERATION AS DEFINED IN
SECTION THREE HUNDRED ONE OF THIS CHAPTER TO PARTICIPATE IN A  VOLUNTARY
CATTLE  HEALTH PROGRAM ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL BE
EXEMPT FROM PUBLIC DISCLOSURE. THE SUBMISSION OF ANY SUCH INFORMATION OR
RECORDS BY THE OWNER OR OPERATOR OF A FARM OPERATION DOES NOT CONSTITUTE
A WAIVER OF ANY APPLICABLE PRIVILEGE  OR  PROTECTION  UNDER  FEDERAL  OR
STATE LAW.
  (C) THE EXEMPTION DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION SHALL
NOT APPLY TO: (1) INFORMATION COLLECTED OR CREATED AS PART OF A FEDERAL,
STATE,  OR LOCAL HEALTH AGENCY INVESTIGATION OR OFFICIAL ACTION TAKEN IN
CONNECTION WITH A PUBLIC HEALTH RISK; AND (2) RECORDS THAT DO NOT  IDEN-
TIFY  AND  CANNOT  BE  USED TO DISCERN THE IDENTITY OF ANY PARTICIPATING
FARM.
  S 2. This act  shall  take  effect  immediately  and  shall  apply  to
requests for disclosures made after the effective date of this act.

                                 PART CC

  Section  1.  This act shall be known and may be cited as the "Rockland
Bergen Flood Mitigation act".
  S 2. The legislature finds and declares that the states  of  New  York
and  New  Jersey and their respective citizens share a common concern to
protect their personal safety and property  through  the  identification
and  remediation  of  potential  flood hazards along the tributaries and
watersheds of the Hackensack River, Mahwah River, Ramapo  River,  Saddle

S. 6357--D                         32                         A. 8557--D

River, and Sparkill Brook/Creek that cross the interstate border region.
The identification and remediation of potential flood hazards requires a
bi-state   comprehensive   approach.   A  bi-state  comprehensive  flood
prevention  approach  will also help ensure the preservation and mainte-
nance of the environmentally beneficial impacts of the  tributaries  and
watersheds  of  the Hackensack River, Mahwah River, Ramapo River, Saddle
River, and Sparkill Brook/Creek. A bi-state approach will encourage open
space  and  recreational  opportunities  along   the   tributaries   and
watersheds  of  the Hackensack River, Mahwah River, Ramapo River, Saddle
River, and Sparkill Brook/Creek.  The  legislature  further  finds  that
there  has  been  a  long  history  of cooperation among state and local
governmental entities and various private organizations and  individuals
in  the  vicinity  of  the  tributaries and watersheds of the Hackensack
River,  Mahwah  River,  Ramapo  River,  Saddle   River,   and   Sparkill
Brook/Creek.
  The  legislature  therefore determines that there is a need to endorse
and formalize that bi-state cooperative effort to identify and remediate
potential flood hazards and to protect the natural,  scenic  and  recre-
ational  opportunities  of the tributaries and watersheds of the Hacken-
sack River, Mahwah River,  Ramapo  River,  Saddle  River,  and  Sparkill
Brook/Creek.  The  legislature further determines that the creation of a
bi-state task force is an appropriate means  to  accomplish  these  very
important goals.
  S 3. As used in this act, "Bi-state region" shall mean the tributaries
and  watersheds  of  the  Hackensack  River, Mahwah River, Ramapo River,
Saddle River, and Sparkill Brook/Creek, within the counties of  Rockland
in  New  York  and  Bergen in New Jersey. "Resident voter" shall mean an
individual registered to vote within the county of Rockland in New  York
or the county of Bergen, Essex, or Hudson in New Jersey.
  S  4.  a. There is hereby created the Rockland Bergen Flood Mitigation
Task Force, which shall be  comprised  of  twelve  voting  members.  Six
members  shall  be  from New York and shall be appointed as follows: one
each, by the governor, the temporary president of the senate, the speak-
er of the assembly, the minority leader of the senate and  the  minority
leader  of the assembly, of New York, and of the county executive of the
county of Rockland in New York, all of whom shall be resident voters  of
the  county  of Rockland, New York. Six members shall be from New Jersey
and shall be appointed as follows: one each, by the governor, the tempo-
rary president of the senate, the speaker of the assembly, the  minority
leader  of  the  senate, and the minority leader of the assembly, of New
Jersey, and the county executive of the county of Bergen in New  Jersey,
all  of  whom shall be resident voters from either the county of Bergen,
Essex, or Hudson. Additionally, the task force shall include three  non-
voting  members,  as  follows:  the  commissioner  of the New York state
department of environmental conservation or a designee thereof who shall
serve ex-officio; the commissioner of the New Jersey department of envi-
ronmental protection or a designee thereof who shall  serve  ex-officio;
and a representative of United Water Inc. or its successor.
  b.  Vacancies  in  the  appointed positions on the task force shall be
filled in the same manner as the original appointments were made.
  c. Members of the task  force  shall  serve  voluntarily  and  without
compensation.
  d.  Members of the task force shall serve at the pleasure of the rele-
vant appointing authority.
  S 5. a. The task force shall organize as soon as  may  be  practicable
after  the appointment of its members, and shall select two co-chairper-

S. 6357--D                         33                         A. 8557--D

sons from its members, one from each state, and a secretary who need not
be a member.
  b.  The task force shall meet regularly as it may determine.  Meetings
of the task force shall be at such times and places as the  co-chairper-
sons of the task force deem appropriate, but to the maximum extent prac-
ticable  and  feasible,  shall  be  rotated between the two states on an
alternating basis. Meetings held in New Jersey shall be subject  to  the
provisions  and  requirements  of the "Senator Byron M. Baer Open Public
Meetings Act," P.L. 1975, c. 231 (C.10:4-6 et seq.).  Meetings  held  in
New  York  shall  be  subject to the provisions and requirements of that
state's open meetings law, article 7 of the  public  officers  law.  The
task force shall also meet at the call of either co-chairperson.
  c. A majority of the voting membership of the task force shall consti-
tute  a quorum for the transaction of task force business. Action may be
taken and motions and resolutions adopted by the task force at any meet-
ing thereof by the affirmative vote of seven members of the task force.
  d. The task force may request assistance, and  the  services  of,  any
municipalities  that are within the bi-state watershed region, as it may
require and as may be made available to it for the purpose  of  carrying
out  its  duties  under  this  act.  Nothing  in  this  section shall be
construed to require assistance from any municipality in New York or New
Jersey.
  S 6. The duties of the task force shall be to:
  a. assess present  and  projected  development,  land  use,  and  land
management  practices  and  patterns,  and identify actual and potential
flood hazards, around the bi-state region, and determine the effects  of
those  practices  and patterns, threats, and problems upon the property,
public safety, and natural, and recreational resources of  the  bi-state
region;
  b.  develop  recommended  regulations,  procedures, policies, planning
strategies, and model  ordinances  and  resolutions  pertaining  to  the
protection,  preservation,  maintenance,  management, and enhancement of
the bi-state region which would  be  implemented  as  appropriate  on  a
voluntary basis by those municipalities within the bi-state region;
  c.  coordinate  communication  of  stream  cleanup,  maintenance,  and
protection efforts undertaken, for the benefit of the bi-state region by
municipalities within the bi-state region;
  d. coordinate with all municipalities within the bi-state region;
  e. recommend appropriate state legislation and  administrative  action
pertaining to the protection, preservation, maintenance, management, and
enhancement of the bi-state region;
  f.  advocate for federal, state, or private funding of stream cleanup,
maintenance, protection projects, flood prevention  projects  and  flood
hazard remediation for the bi-state region;
  g.  identify  existing  and  projected  flood  hazards in the bi-state
region; and
  h. recommend, propose and coordinate a bi-state comprehensive plan  to
remediate existing and projected flood hazards in the bi-state region.
  S  7. The task force shall, within 24 months of the date it organizes,
prepare a report on its activities, and submit  it,  together  with  any
recommendations  for  legislation,  administrative  action, or action by
local governments, to the governors and legislatures of  the  states  of
New Jersey and New York.
  S  8.  This  act  shall take effect upon the enactment into law by the
state of New Jersey of legislation having substantially  similar  effect
with this act, but if the state of New Jersey shall have already enacted

S. 6357--D                         34                         A. 8557--D

such  legislation,  this  act  shall  take  effect immediately and shall
expire and be deemed repealed on June 30, 2016; provided that the  Rock-
land  Bergen bi-state river task force shall notify the legislative bill
drafting  commission  upon the occurrence of the enactment of the legis-
lation provided for in this act  in  order  that  the  legislative  bill
drafting  commission  may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effecting the provisions of section 44 of the legislative  law
and section 70-b of the public officers law.

                                 PART DD

  Section  1.  Subdivisions  3  and 5 of section 19-0323 of the environ-
mental conservation law, as amended by section 1 of part U of chapter 58
of the laws of 2013, are 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, [2014] 2015.
  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.
  5. In addition to any waiver which may be issued pursuant to  subdivi-
sion  four  of  this  section,  the department shall issue a waiver to a
state agency, a state or regional public authority, or a person  operat-
ing  any  diesel-powered heavy duty vehicle on behalf of a state agency,
state or regional public authority, upon a request in a form  acceptable
to  the department for a waiver from the provisions of subdivision three
of this section for a vehicle engine provided that such  vehicle  engine
will  cease  to be used in the state on or before December thirty-first,
two thousand [fourteen] SIXTEEN.   Any waiver issued  pursuant  to  this
subdivision shall expire when a state agency, a state or regional public
authority,  or  a person operating any diesel-powered heavy duty vehicle
on behalf of a state agency, state or regional public  authority  ceases
to use the engine in the state but not later than December thirty-first,
two thousand [fourteen] SIXTEEN.
  S  2.  Subdivision 7 of section 19-0323 of the environmental conserva-
tion law, as added by chapter 629 of the laws of 2006, and as renumbered
by section 1 of part C of chapter 59 of the laws of 2010, is amended  to
read as follows:
  7. On or before January 1, 2008 and every year thereafter, the commis-
sioner  shall report to the governor and legislature on the use of ultra
low sulfur diesel fuel [and the use of the best available retrofit tech-
nology as required under this section]. ON OR BEFORE JANUARY 1, 2016 AND
EVERY YEAR THEREAFTER, THE COMMISSIONER SHALL INCLUDE IN THE  REPORT  TO
THE  GOVERNOR  AND  LEGISLATURE  THE  USE OF THE BEST AVAILABLE RETROFIT
TECHNOLOGY AS REQUIRED UNDER THIS SECTION. The information contained  in
this  report shall include, but not be limited to, for each state agency
and public authority covered by this section: (a) the  total  number  of
diesel  fuel-powered motor vehicles owned or operated by such agency and
authority; (b) the number of such motor vehicles that  were  powered  by
ultra  low  sulfur diesel fuel; (c) the total number of diesel fuel-pow-

S. 6357--D                         35                         A. 8557--D

ered motor vehicles owned or  operated  by  such  agency  and  authority
having  a gross vehicle weight rating of more than 8,500 pounds; (d) the
number of such motor vehicles that utilized the best available  retrofit
technology,  including  a  breakdown by motor vehicle model, engine year
and the type of technology used for each vehicle; (e) the number of such
motor vehicles that are equipped with an engine certified to the  appli-
cable  2007  United  States environmental protection agency standard for
particulate matter as set forth in section 86.007-11 of title 40 of  the
code  of federal regulations or to any subsequent United States environ-
mental protection agency standard for  particulate  matter  that  is  at
least  as stringent; and (f) all waivers, findings, and renewals of such
findings, which, for each waiver, shall include, but not be limited  to,
the  quantity  of  diesel fuel needed to power diesel fuel-powered motor
vehicles owned or operated by such agency and authority; specific infor-
mation concerning the availability of ultra low sulfur diesel fuel.
  S 3. This act shall take effect immediately.

                                 PART EE

  Section 1. Legislative intent. The legislature recognizes the environ-
mental health and energy benefits of increasing the efficiency of  resi-
dential  heating and cooling systems, and converting to cleaner fuel and
more efficient heating and cooling systems that can reduce emissions  of
carbon  and  particulate matter that is two and one-half microns or less
in width (commonly referred to as PM  2.5  emissions).  The  legislature
also  recognizes  the  need  to  use funds from public purpose programs,
including those administered by the New York state energy  research  and
development  authority  and  utilities,  in  order  to provide financial
assistance to building owners seeking to install and improve heating and
cooling retrofits. The legislature  finds  that  no  less  than  fifteen
million  dollars  is required to assist residential building owners with
the installation of cleaner, more efficient heating and cooling technol-
ogies.
  S 2. The department of public service and the New  York  state  energy
research  and  development  authority shall review existing energy effi-
ciency programs administered  by  utilities  and/or  such  authority  to
determine  the extent to which funding or financing support is available
to assist installing any improvement to a heating or cooling  system  in
residential and multi-family buildings which will increase efficiency by
at  least  ten  percent over the equipment currently installed or reduce
fuel usage  by  at  least  ten  percent  over  the  equipment  currently
installed,  and  lead  to  a  significant reduction in carbon emissions.
Such improvements shall include, but are not limited to,  the  installa-
tion  of  a  high efficiency boiler or furnace, an improvement to and/or
replacement of a burner in a boiler, and  any  other  improvement  to  a
heating  system.  Such review shall determine whether the existing effi-
ciency programs would provide support for the replacement or improvement
of boilers regulated by the New York city  department  of  environmental
protection.
  S  3.  The  department  of  public  service  and New York state energy
research and development authority shall report  the  findings  of  such
review  to  the  governor  and  to the legislature no later than 45 days
after the effective date of this act.
  S 4. This act shall take effect immediately.

                                 PART FF

S. 6357--D                         36                         A. 8557--D

  Section 1. Subdivision 5 of section 88-a of the state finance  law  is
amended by adding a new paragraph (c) to read as follows:
  (C) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE COMPTROLLER IS HEREBY
AUTHORIZED  AND  DIRECTED  TO TRANSFER FROM THE GENERAL FUND FOR DEPOSIT
INTO THE PUBLIC TRANSPORTATION SYSTEM OPERATING ASSISTANCE ACCOUNT, UPON
REQUEST OF THE DIRECTOR OF THE BUDGET, ON OR BEFORE  MARCH  31  OF  EACH
YEAR, AN AMOUNT EQUAL TO THE FOLLOWING:
  (I) FOR THE STATE FISCAL YEAR ENDING MARCH 31, 2015, TWO MILLION EIGHT
HUNDRED EIGHT THOUSAND NINETY-SIX DOLLARS;
  (II)  IN  EACH  SUCCEEDING STATE FISCAL YEAR, THE TRANSFER SHALL EQUAL
THE PRODUCT OF THE DOLLAR AMOUNT IN (I)  AND  ONE  PLUS  THE  SALES  TAX
GROWTH  FACTOR.  FOR  THE  PURPOSES  OF THIS SUBPARAGRAPH, THE SALES TAX
GROWTH FACTOR IS THE PERCENTAGE, IF ANY, BY WHICH THE  AGGREGATE  AMOUNT
OF SALES AND COMPENSATING USE TAXES IMPOSED PURSUANT TO THE AUTHORITY OF
SUBPART  B  OF  PART  I OF ARTICLE TWENTY-NINE OF THE TAX LAW, EXCLUDING
SUCH SALES AND COMPENSATING USE TAXES COLLECTED IN THE  TWELVE  COUNTIES
THAT  COMPRISE THE METROPOLITAN TRANSPORTATION COMMUTER DISTRICT CREATED
AND ESTABLISHED PURSUANT TO SECTION  TWELVE  HUNDRED  SIXTY-TWO  OF  THE
PUBLIC  AUTHORITIES  LAW, FOR THE TWELVE MONTH PERIOD ENDING ON DECEMBER
THIRTY-FIRST OF THE IMMEDIATELY  PRECEDING  CALENDAR  YEAR  EXCEEDS  THE
AGGREGATE AMOUNT OF SUCH SALES AND COMPENSATING USE TAXES FOR THE TWELVE
MONTH  PERIOD ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN. IN
NO YEAR WILL THE AMOUNT OF THE DEPOSIT AUTHORIZED UNDER THIS SECTION  BE
LESS THAN THE AMOUNT MADE IN THE PRIOR YEAR.
  S 2. This act shall take effect immediately.

                                 PART GG

  Section 1.  Section 4 of chapter 495 of the laws of 2004, amending the
insurance  law  and the public health law relating to the New York state
health  insurance  continuation  assistance  demonstration  project,  as
amended  by  section  25 of part C of chapter 59 of the laws of 2011, is
amended to read as follows:
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law;  provided,  however, that this act shall remain in
effect until July 1, [2014] 2015 when upon such date the  provisions  of
this  act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance  retroac-
tive to July 1, 2004.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the applicable effective date of Parts A through GG of this act shall be
as specifically set forth in the last section of such Parts.

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