EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12373-02-9
S. 59--A 2 A. 159--A
the vehicle and traffic law and other laws relating to motor vehicle
liability insurance, financial security, criminal acts and certain
penalties for non-compliance, in relation to the effectiveness of
certain provisions (Part J); to amend the vehicle and traffic law and
the transportation law, in relation to the disqualifications of
commercial driver's license holders (Part K); to amend the vehicle and
traffic law, in relation to authorizing the department of motor vehi-
cles to charge certain entities a fee for course completion certif-
icates (Part L); Intentionally omitted (Part M); to amend the vehicle
and traffic law, in relation to the elimination of the written test
for a learner's permit and providing for the repeal of paragraph (g)
of subdivision 4 of section 502 of such law relating thereto (Part N);
to amend the state finance law, in relation to reporting requirements
for the dedicated highway and bridge trust fund; and to amend part Z
of chapter 62 of the laws of 2006 amending the state finance law
relating to the use of the dedicated highway and bridge trust fund, in
relation to certain financial reporting requirements (Part O); to
amend chapter 62 of the laws of 2003 amending the general business law
and other laws relating to implementing the state fiscal plan for the
2003-2004 state fiscal year, in relation to the effectiveness thereof
(Part P); to amend the agriculture and markets law, in relation to
increasing the penalty amounts for first, second and subsequent
violations (Part Q); to amend the executive law, in relation to the
community services block grant program and to amend chapter 728 of the
laws of 1982 and chapter 710 of the laws of 1983 amending the execu-
tive law relating to the community services block grant program, in
relation to extending such program for one year (Part R); to amend the
general business law, the executive law and the real property law, in
relation to increasing certain fees related to the licensure of disci-
plines regulated by the department of state; and to repeal certain
provisions of the executive law relating thereto (Part S); to amend
the tax law, in relation to real estate transfer tax revenue deposits
into the environmental protection fund (Part T); to authorize and
direct the New York state energy research and development authority to
make a payment to the general fund of up to $913,000 (Part U); to
amend the racing, pari-mutuel wagering and breeding law, in relation
to assessing a fee upon the entry of a horse in a New York state pari-
mutuel race (Part V); to amend the insurance law in relation to
increasing fines and penalties; authorizing the superintendent of
insurance to issue cease and desist orders; and increasing the length
of time that an insurance producer, consultant, or adjuster must wait
to obtain a license after revocation (Part W); to amend chapter 393 of
the laws of 1994, amending the New York state urban development corpo-
ration act relating to the powers of the New York state urban develop-
ment corporation to make loans, in relation to the effectiveness ther-
eof (Part X); to authorize the New York State Energy Research and
Development Authority to finance a portion of its research, develop-
ment and demonstration and policy and planning programs from assess-
ments on gas and electric corporations (Part Y); to require appropri-
ations in the executive budget to the New York Power Authority (Part
Z); to amend the public authorities law, in relation to authorizing
the battery park city authority to make contributions to the state
treasury (Part AA); authorizing the New York state urban development
corporation to make contributions to the state treasury (Part BB); to
amend the New York state urban development corporation act, in
relation to establishing the New York growth, achievement and invest-
S. 59--A 3 A. 159--A
ment strategy fund (Part CC); to authorize and direct the governor,
the temporary president of the senate and the speaker of the assembly
to develop a $300 million economic development capital spending
reduction plan (Part DD); to amend the New York state urban develop-
ment corporation act, in relation to the abolition of the department
of economic development and the New York state foundation for science,
technology and innovation and the transfer of functions thereof to the
New York state urban development corporation; and to repeal the
provisions of sections 10 and 50 of the economic development law and
sections 3151 and 3152 of the public authorities law relating thereto
(Part EE); to amend the public authorities law, in relation to state
cost recovery on the issuance of certain bonds (Part FF); to transfer
the functions, powers, duties, obligations and assets of the State
Northeastern Queens Nature and Historical Preserve Commission to the
office of parks, recreation and historic preservation; and to repeal
chapter 919 of the laws of 1973, relating to establishing the State
Northeastern Queens Nature and Historical Preserve (Part GG); to amend
the executive law, in relation to establishing the Hudson river valley
greenway program and transferring certain functions, powers, duties,
obligations and assets of the Hudson river valley greenway, the Hudson
river valley greenway communities council and the Hudson river valley
greenway heritage conservancy created under article 44 of the environ-
mental conservation law to the secretary of state and the department
of state; to amend the agriculture and markets law, the highway law
and the navigation law, in relation to such transfer; to repeal
section 97-n of the state finance law relating to the Hudson river
valley greenway fund; to repeal article 44 of the environmental
conservation law relating to the establishment of the Hudson river
valley greenway; and providing for the repeal of certain provisions
upon the expiration thereof (Part HH); to amend the agriculture and
markets law, in relation to increasing tonnage fees, and requiring the
licensure of seed labelers and distributors (Part II); to amend the
environmental conservation law, in relation to fees for the state
pollution discharge elimination system program (Part JJ); to amend the
environmental conservation law, in relation to establishing a trout
and salmon stamp (Part KK); to amend the environmental conservation
law and the state finance law, in relation to establishing a recre-
ational marine fishing license; and to repeal subdivision 6 of section
11-0707 of the environmental conservation law relating to the
exemption from having a fishing license in the marine district and on
the Hudson River, south of the Troy barrier dam (Part LL); to amend
the public service law, in relation to authorizing the public service
commission to forbear from applying telephone rate and financing
provisions; service of commission orders; renewal and amendments of
cable franchises; and shared meter conditions; and to repeal certain
provisions of such law relating thereto (Part MM); to amend the public
service law, in relation to financing the operations of the department
of public service, the public service commission, department support
and energy management services provided by other state agencies, to
increase the utility assessment cap and the minimum threshold for
collection thereunder, and to establish a state energy and utility
service conservation assessment and provide for the collection there-
of; to amend the state finance law in relation to authorizing the
aggregate purchases of energy for state agencies, institutions, public
authorities and public benefit corporations; and providing for the
repeal of certain provisions upon the expiration thereof (Part NN); to
S. 59--A 4 A. 159--A
amend the vehicle and traffic law, in relation to fines for certain
regulated businesses (Part OO); to amend the vehicle and traffic law,
in relation to suspension, termination and license application fees
(Part PP); to amend the state finance law, in relation to dedicating
the local share of revenue generated by the gaming facility located in
the city of Buffalo (Part QQ); to amend chapter 21 of the laws of 2003
amending the executive law, relating to permitting the secretary of
state to provide special handling for all documents filed or issued by
the division of corporations and to permit additional levels of such
expedited service, in relation to the effectiveness thereof (Part RR);
to amend the environmental conservation law, the economic development
law and the state finance law, in relation to including additional
beverage containers and providing for the return of unclaimed deposits
on beverage containers to the state for deposit into the environmental
protection fund; and to repeal certain provisions of the environmental
conservation law relating thereto (Part SS); to amend the parks,
recreation and historic preservation law, in relation to requiring
that a written determination by the commissioner of parks, recreation
and historic preservation be made prior to future sales of merchan-
dise, goods, commodities and food service items by the office of
parks, recreation and historic preservation (Part TT); to amend the
public authorities law, in relation to the assessment and reimburse-
ment of state expenditures (Part UU); to amend the tax law, in
relation to the imposition of fees on certain taxpayers, to prohibit
tax return preparers and software companies from charging separately
for electronic filing of New York tax documents, to require registra-
tion of tax return preparers with the New York state department of
taxation and finance; to amend the general business law, in relation
to administration of certain civil penalties; and to repeal paragraphs
1 and 2 of subsection (u) of section 685 of the tax law relating to
penalties imposed on certain tax return preparers (Part VV); and to
authorize annual cable television assessments to provide funds from
cable television assessment revenues to the department of health (Part
WW)
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 2009-2010
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through WW. 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 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. Section 2 of chapter 279 of the laws of 1998, amending the
transportation law relating to enabling the commissioner of transporta-
tion to establish a single audit pilot program, as amended by section 1
S. 59--A 5 A. 159--A
of part D of chapter 59 of the laws of 2008, is amended to read as
follows:
S 2. This act shall take effect on December 31, 1998, except that the
commissioner of transportation is immediately authorized to promulgate
rules and regulations necessary for the implementation of this act and
shall expire December 31, [2009] 2010 when upon such date the provisions
of this act shall be deemed repealed.
S 2. This act shall take effect immediately.
PART B
Section 1. The sum of two hundred ninety million five hundred fifty-
five thousand dollars ($290,555,000), or so much thereof as shall be
necessary, and in addition to amounts previously appropriated by law, is
hereby made available, in accordance with subdivision 1 of section 380
of the public authorities law as amended, according to the following
schedule. Payments pursuant to subdivision (a) of this section shall be
made available as moneys become available for such payments. Payments
pursuant to subdivisions (b) and (c) of this section shall be made
available on the fifteenth day of June, September, December and March or
as soon thereafter as moneys become available for such payments. No
moneys of the state in the state treasury or any of its funds shall be
available for payments pursuant to this section:
SCHEDULE
(a) Thirty-nine million seven hundred thousand dollars ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991, as amended. The department of transportation shall provide such
information to the municipalities as may be necessary to maintain the
federal tax exempt status of any bonds, notes, or other obligations
issued by such municipalities to provide for the non-federal share of
the cost of projects pursuant to chapter 330 of the laws of 1991 or
section 80-b of the highway law.
The program authorized pursuant to section 15 of chapter 329 of the
laws of 1991, as added by section 9 of chapter 330 of the laws of 1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
State Fiscal Year Amount
2009-10 $39,700,000
(b) One hundred ninety-two million fifty-eight thousand dollars
($192,058,000) to counties, cities, towns and villages for reimbursement
of eligible costs of local highway and bridge projects pursuant to
sections 16 and 16-a of chapter 329 of the laws of 1991, as added by
section 9 of chapter 330 of the laws of 1991, as amended. For the
purposes of computing allocations to municipalities, the amount distrib-
uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be
deemed to be $111,014,000. The amount distributed pursuant to section
16-a of chapter 329 of the laws of 1991 shall be deemed to be
$81,044,000. Notwithstanding the provisions of any general or special
law, the amounts deemed distributed in accordance with section 16 of
chapter 329 of the laws of 1991 shall be adjusted so that such amounts
will not be less than 76.561 percent of the "funding level" as defined
in subdivision 5 of section 10-c of the highway law for each such muni-
cipality. In order to achieve the objectives of section 16 of chapter
329 of the laws of 1991, to the extent necessary, the amounts in excess
S. 59--A 6 A. 159--A
of 76.561 percent of the funding level to be deemed distributed to each
municipality under this subdivision shall be reduced in equal propor-
tion.
(c) Fifty-eight million seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible costs of
local highway and bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing allocations
to municipalities, the amount distributed pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be $33,986,000. The
amount distributed pursuant to section 16-a of chapter 329 of the laws
of 1991 shall be deemed to be $24,811,000. Notwithstanding the
provisions of any general or special law, the amounts deemed distributed
in accordance with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 23.439 percent of
the "funding level" as defined in subdivision 5 of section 10-c of the
highway law for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991, to the extent
necessary, the amounts in excess of 23.439 percent of the funding level
to be deemed distributed to each municipality under this paragraph shall
be reduced in equal proportion. To the extent that the total of remain-
ing payment allocations calculated herein varies from $58,797,000, the
payment amounts to each locality shall be adjusted by a uniform percent-
age so that the total payments equal $58,797,000.
The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991, as amended, shall additionally make payments for reimbursement
according to the following schedule:
State Fiscal Year Amount
2009-10 $250,855,000
S 2. This act shall take effect immediately.
PART C
Section 1. Section 7 of chapter 312 of the laws of 1994, amending the
vehicle and traffic law relating to suspensions of licenses pending
prosecution of certain alcohol-related charges, and authorizations for
probationary and conditional driver's licenses, as amended by section 1
of part C of chapter 59 of the laws of 2007, is amended to read as
follows:
S 7. This act shall take effect immediately; provided however that
sections three, four, five and six of this act shall take effect on the
first day of November next succeeding the date on which it shall have
become a law and shall apply to offenses committed on or after such
date; provided further, however, that the amendment to paragraph (c) of
subdivision 2 of section 1193 of the vehicle and traffic law made by
section two of this act shall take effect on the same date as such para-
graph takes effect pursuant to section 9 of chapter 533 of the laws of
1993, as amended[, provided, further, that the provisions of section
four of this act shall remain in full force and effect until October 1,
2009 when upon such date the provisions of such section shall be deemed
repealed and the provisions of law amended by such section shall revert
to and be read as if the provisions of such section had not been
enacted].
S 2. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after March 1, 2009.
S. 59--A 7 A. 159--A
PART D
Section 1. Section 9 of chapter 533 of the laws of 1993, amending the
vehicle and traffic law and the correction law relating to suspension
and revocation of driver's licenses upon conviction of certain drug-re-
lated offenses, as amended by section 1 of part N of chapter 59 of the
laws of 2007, is amended to read as follows:
S 9. This act shall take effect September 30, 1993 and shall apply to
convictions based on offenses which occurred on or after such date [and
shall remain in full force and effect until October 1, 2009 when upon
such date the provisions of this act shall be deemed repealed and the
provisions of law amended by this act shall revert to and be read as if
the provisions of this act had not been enacted].
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART E
Section 1. 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-b of part A of chapter 63 of
the laws of 2005, 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, 2010].
S 2. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART F
Section 1. Paragraphs (b) and (c) of subdivision 2 of section 503 of
the vehicle and traffic law, as amended by chapter 55 of the laws of
1992, are amended to read as follows:
(b) Learner permit/license fee. (i) Upon passage of the knowledge test
required to obtain a learner's permit, the applicant for a commercial
driver's license shall be required to pay an additional fee of [seven]
NINE dollars and fifty cents for each six months or portion thereof of
the period of validity of a learner's permit or license which is or may
be issued as well as a fee of forty dollars for a road test which must
be passed before a license will be issued.
(ii) Upon passage of the knowledge test required to obtain a learner's
permit, the applicant for a class C license which does not have an H, P
or X endorsement or a class E license shall be required to pay [five]
SIX dollars AND TWENTY-FIVE CENTS for each six months or portion thereof
of the period of validity of a learner's permit or license which is or
may be issued, and an applicant for a class D, DJ, M or MJ license shall
be required to pay [two] THREE dollars and [fifty] TWENTY-FIVE cents for
each six months or portion thereof of the period of validity of a
learner's permit or license which is or may be issued. No additional fee
shall be required of any such applicant to take up to two road tests.
Such road test must be passed before a license will be issued.
(iii) If an applicant fails to pass the road test required for issu-
ance of a license in the number of times specified in subparagraph (i)
or (ii) of this paragraph, an additional fee of forty dollars will be
S. 59--A 8 A. 159--A
required for each additional test applied for in order to obtain a
commercial driver's license and an additional fee of ten dollars will be
required for up to two tests applied for in order to obtain any license
other than a commercial driver's license.
(IV) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE
DIFFERENCE BETWEEN THE ADDITIONAL FEES PROVIDED FOR IN THIS PARAGRAPH IN
EFFECT ON OR AFTER AUGUST FIRST, TWO THOUSAND NINE AND THE FEES IN
EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED TO THE CREDIT OF THE DEDI-
CATED HIGHWAY AND BRIDGE TRUST FUND.
(c) Renewal fee. Fees for renewal of a license issued by the commis-
sioner shall be as follows:
(i) For a commercial driver's license, [seven] NINE dollars and fifty
cents for each six months or portion thereof.
(ii) For a class C license which does not have an H, P or X endorse-
ment or a class E license, [five] SIX dollars AND TWENTY-FIVE CENTS for
each six months or portion thereof.
(iii) For a class D, DJ, M or MJ license, [two] THREE dollars and
[fifty] TWENTY-FIVE cents, for each six months or portion thereof.
(IV) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE
DIFFERENCE BETWEEN THE ADDITIONAL FEES PROVIDED FOR IN THIS PARAGRAPH IN
EFFECT ON OR AFTER AUGUST FIRST, TWO THOUSAND NINE AND THE FEES IN
EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED TO THE CREDIT OF THE DEDI-
CATED HIGHWAY AND BRIDGE TRUST FUND.
S 2. Paragraph (f) of subdivision 2 of section 503 of the vehicle and
traffic law, as amended by section 1-b of part A of chapter 63 of the
laws of 2005, is amended to read as follows:
(f) Photo image fee. In addition to any other fee prescribed herein, a
fee of [ten] TWELVE dollars AND FIFTY CENTS shall be charged for the
processing of each learner permit or license document requiring a photo
image. Of each such fee collected, five dollars shall be deposited to
the credit of the general fund and five dollars shall be deposited in
the dedicated highway and bridge trust fund established pursuant to
section eighty-nine-b of the state finance law and the dedicated mass
transportation fund established pursuant to section eighty-nine-c of the
state finance law and distributed according to the provisions of subdi-
vision (d) of section three hundred one-j of the tax law.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE
DIFFERENCE BETWEEN THE ADDITIONAL FEES PROVIDED FOR IN THIS PARAGRAPH IN
EFFECT ON OR AFTER AUGUST FIRST, TWO THOUSAND NINE AND THE FEES IN
EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED TO THE CREDIT OF THE DEDI-
CATED HIGHWAY AND BRIDGE TRUST FUND.
S 3. This act shall take effect August 1, 2009 and shall apply to
applications for new licenses and renewals of existing licenses expiring
on or after such date.
PART G
Section 1. Paragraph a of subdivision 6 of section 401 of the vehicle
and traffic law, as amended by section 74 of part A of chapter 56 of the
laws of 1998, is amended to read as follows:
a. The following fees shall be paid to the commissioner, or agent,
upon the registration or reregistration of a motor vehicle, including a
suburban, in accordance with the provisions of this article:
If such motor vehicle, fully equipped, weighs thirty-five hundred
pounds or less, [sixty-four and one-half] EIGHTY-ONE cents for each one
hundred pounds or major fraction thereof; if such motor vehicle, fully
S. 59--A 9 A. 159--A
equipped, weighs more than thirty-five hundred pounds, [sixty-four and
one-half] EIGHTY-ONE cents for each one hundred pounds up to thirty-five
hundred pounds, and [ninety-seven] ONE DOLLAR AND TWENTY-ONE cents for
each hundred pounds, or major fraction thereof, in excess of thirty-five
hundred pounds; provided, however, that the total fees for the registra-
tion or reregistration of any passenger motor vehicle propelled by elec-
tricity shall be [twelve dollars and ninety-four] SIXTEEN DOLLARS AND
EIGHTEEN cents, of a six, eight, or twelve cylinder motor vehicle not
less than [twelve dollars and ninety-four] SIXTEEN DOLLARS AND EIGHTEEN
cents, and of any other motor vehicle not less than [ten dollars and
thirty-five] TWELVE DOLLARS AND NINETY-FIVE cents; and provided further
that for motor vehicles described in subdivision seven of this section,
the fee for such registration shall be as therein prescribed. Provided
further, however, that the maximum registration fee under this paragraph
shall not exceed [fifty-six dollars and six] SEVENTY DOLLARS AND EIGHT
cents per registration year. For the purposes of this section a "subur-
ban" shall be a motor vehicle with a convertible or interchangeable body
or with removable seats, usable for both passenger and delivery
purposes, and including motor vehicles, commonly known as station or
depot wagons. The manufacturer's weight of motor vehicle shall be
accepted as the weight for the purpose of registration under this para-
graph.
S 2. Subdivision 2 of section 420 of the vehicle and traffic law, as
amended by chapter 190 of the laws of 1990, is amended to read as
follows:
2. Such seller or owner may, however, register another vehicle and use
said number plates thereon, if appropriate, upon making application for
such registration, paying a transfer fee of [seven] TEN dollars [and
seventy-five cents], and paying the proportional excess, if any, of the
annual fee for registering the second vehicle over the annual fee for
registering the first vehicle for each day or fraction thereof consti-
tuting the unexpired registration period. If the number plates of the
first vehicle are not appropriate for the second vehicle, the commis-
sioner or his or her agent shall, upon the surrender of such number
plates, furnish appropriate number plates.
S 3. Subdivision 21 of section 401 of the vehicle and traffic law is
amended by adding four new undesignated paragraphs to read as follows:
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE
DIFFERENCE BETWEEN THE REGISTRATION FEES PROVIDED FOR IN PARAGRAPH A OF
SUBDIVISION SIX OF THIS SECTION IN EFFECT ON OR AFTER AUGUST FIRST, TWO
THOUSAND NINE AND THE REGISTRATION FEES IN EFFECT PRIOR TO SUCH DATE
SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED HIGHWAY AND BRIDGE
TRUST FUND.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE
DIFFERENCE BETWEEN THE REGISTRATION FEES PROVIDED FOR IN SCHEDULES A, B,
C, D, E, F AND I OF SUBDIVISION SEVEN OF THIS SECTION AND IN SUBDIVI-
SIONS EIGHT AND THIRTEEN OF THIS SECTION IN EFFECT ON OR AFTER AUGUST
FIRST, TWO THOUSAND NINE AND THE REGISTRATION FEES IN EFFECT PRIOR TO
SUCH DATE SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED HIGHWAY AND
BRIDGE TRUST FUND.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS CHAPTER, THE
DIFFERENCE BETWEEN THE REGISTRATION FEES COLLECTED PURSUANT TO SCHEDULE
G OF SUBDIVISION SEVEN OF THIS SECTION ON AND AFTER AUGUST FIRST, TWO
THOUSAND NINE AND SUCH FEES COLLECTED IMMEDIATELY PRIOR TO SUCH DATE
SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED HIGHWAY AND BRIDGE
S. 59--A 10 A. 159--A
TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE
FINANCE LAW.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE REGIS-
TRATION FEES PROVIDED FOR IN SUBDIVISIONS TWO, SIX AND EIGHT OF SUBDIVI-
SION OF SECTION FOUR HUNDRED TWENTY OF THIS TITLE AND THE REGISTRATION
FEE PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION TWO
THOUSAND TWO HUNDRED SIXTY ONE OF THIS CHAPTER SHALL BE DEPOSITED PURSU-
ANT TO THE PROVISIONS OF THIS SUBDIVISION; PROVIDED, HOWEVER, THE
DIFFERENCE BETWEEN THE REGISTRATION FEES PROVIDED FOR IN SUBDIVISIONS
TWO, SIX AND EIGHT OF SECTION FOUR HUNDRED TWENTY OF THIS TITLE AND
PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION TWO THOUSAND TWO HUNDRED
SIXTY ONE OF THIS CHAPTER IN EFFECT ON OR AFTER AUGUST 1, 2009 AND THE
REGISTRATION FEES IN EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED TO THE
CREDIT OF THE DEDICATED BRIDGE AND HIGHWAY TRUST FUND.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, ELEVEN
DOLLARS AND FIFTY CENTS OF THE REGISTRATION FEES COLLECTED PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED TEN OF THIS
TITLE SHALL BE DEPOSITED PURSUANT TO THIS SUBDIVISION. THREE DOLLARS AND
FIFTY CENTS OF SUCH FEES COLLECTED IN RELATION TO APPLICATIONS FOR NEW
REGISTRATIONS AND RENEWALS OF EXISTING REGISTRATIONS EXPIRING ON OR
AFTER AUGUST 1, 2009 SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED
HIGHWAY AND BRIDGE TRUST FUND. TWO DOLLARS AND FIFTY CENTS OF SUCH
REGISTRATION FEES SHALL DEPOSITED INTO THE MOTORCYCLE SAFETY FUND ESTAB-
LISHED PURSUANT TO SECTION NINETY-TWO-G OF THE STATE FINANCE LAW.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE REGIS-
TRATION FEES PROVIDED FOR IN SUBDIVISIONS TWO, SIX AND EIGHT OF SECTION
FOUR HUNDRED TWENTY OF THIS TITLE SHALL BE DEPOSITED PURSUANT TO
PROVISIONS OF THIS SUBDIVISION; PROVIDED, HOWEVER, THE DIFFERENCE
BETWEEN THE REGISTRATION FEES PROVIDED FOR IN SUBDIVISIONS TWO, SIX AND
EIGHT OF SECTION FOUR HUNDRED TWENTY OF THIS TITLE IN EFFECT ON OR AFTER
AUGUST FIRST, TWO THOUSAND NINE AND THE REGISTRATION FEES IN EFFECT
PRIOR TO SUCH DATE SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED
BRIDGE AND HIGHWAY TRUST FUND.
S 4. Paragraphs (a) and (b) of subdivision 4 of section 2282 of the
vehicle and traffic law, as amended by chapter 402 of the laws of 1986,
are amended to read as follows:
(a) An annual fee of [ten] TWELVE dollars AND FIFTY CENTS for each
individual resident registration.
(b) An annual fee of [ten] TWELVE dollars AND FIFTY CENTS for each
individual nonresident registration.
S 5. Subdivision 3 of section 2251 of the vehicle and traffic law, as
amended by section 2 of part K-1 of chapter 62 of the laws of 2003, is
amended to read as follows:
3. Fees. The triennial fee for registration of a vessel shall be:
[eighteen] TWENTY-TWO dollars AND FIFTY CENTS and a vessel surcharge of
three dollars AND SEVENTY-FIVE CENTS, if less than sixteen feet in
length; [thirty-six] FORTY-FIVE dollars and a vessel surcharge of [ten]
TWELVE dollars AND FIFTY CENTS, if sixteen feet or over but less than
twenty-six feet in length; [sixty] SEVENTY-FIVE dollars and a vessel
surcharge of [fifteen] EIGHTEEN dollars AND SEVENTY-FIVE CENTS, if twen-
ty-six feet or over. All funds derived from the collection of the vessel
access surcharge pursuant to this subdivision are to be deposited in a
subaccount of the "I love NY waterways" [boating safety fund] VESSEL
ACCESS ACCOUNT established pursuant to section ninety-seven-nn of the
state finance law. The vessel access surcharge shall not be considered a
registration fee for purposes of section seventy-nine-b of the naviga-
S. 59--A 11 A. 159--A
tion law. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION,
THE DIFFERENCE BETWEEN THE VESSEL SURCHARGE PROVIDED FOR IN THIS SUBDI-
VISION IN EFFECT ON OR AFTER AUGUST FIRST, TWO THOUSAND NINE AND THE
VESSEL SURCHARGE IN EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED TO THE
CREDIT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND.
S 6. Schedule A of subdivision 7 of section 401 of the vehicle and
traffic law, as amended by chapter 55 of the laws of 1992, is amended to
read as follows:
A. Schedule for buses.
For each such vehicle having a seating capacity for passengers of five
passengers or less, and meeting the requirements of subdivisions twenty
and twenty-one, notwithstanding the capacity limitation of subdivision
twenty-one, of section three hundred seventy-five of this chapter, the
annual fee of [seventeen] TWENTY-ONE dollars and [twenty-five] FIFTY-SIX
cents.
For each such vehicle having a seating capacity for passengers of not
less than six passengers, nor more than seven passengers, and meeting
the requirements of subdivisions twenty and twenty-one, notwithstanding
the capacity limitation of subdivision twenty-one, of section three
hundred seventy-five of this chapter, the annual fee of [twenty-eight]
THIRTY-FIVE dollars and [eighteen] TWENTY-THREE cents.
For each such vehicle having a seating capacity for passengers of not
less than eight passengers, nor more than ten passengers, and meeting
the requirements of subdivisions twenty and twenty-one, notwithstanding
the capacity limitation of subdivision twenty-one, of section three
hundred seventy-five of this chapter, the annual fee of [thirty-five]
FORTY-THREE dollars and [eight] EIGHTY-FIVE cents.
For each such vehicle having a seating capacity for passengers of not
less than eleven passengers, nor more than fourteen passengers, and
meeting the requirements of subdivisions twenty and twenty-one, notwith-
standing the capacity limitation of subdivision twenty-one, of section
three hundred seventy-five of this chapter, the annual fee of [forty-
nine] SIXTY-ONE dollars and [forty-five] EIGHTY-ONE cents.
For each such vehicle having a seating capacity for passengers of not
less than fifteen passengers, nor more than twenty passengers, the annu-
al fee of [fifty-nine] SEVENTY-FOUR dollars and [eighty] SEVENTY-FIVE
cents.
For each such vehicle having a seating capacity for passengers of not
less than twenty-one passengers, nor more than twenty-two passengers,
the annual fee of [sixty-three] SEVENTY-NINE dollars and [twenty-five]
SIX cents.
For each such vehicle having a seating capacity for passengers of not
less than twenty-three passengers, nor more than twenty-six passengers,
the annual fee of [seventy] EIGHTY-EIGHT dollars and [seventy-three]
FORTY-ONE cents.
For each such vehicle having a seating capacity for passengers of not
less than twenty-seven passengers, nor more than thirty passengers, the
annual fee of [seventy-seven] NINETY-SEVEN dollars and [sixty-three]
FOUR cents.
For each such vehicle having a seating capacity for passengers in
excess of thirty passengers, the fee of [seventy-seven] NINETY-SEVEN
dollars and [sixty-three] FOUR cents, and the additional fee of two
dollars and [thirty] EIGHTY-EIGHT cents for each passenger (measured by
seating capacity) in excess of thirty passengers.
For the purposes of this schedule, the term "seating capacity for
passengers" shall exclude the driver.
S. 59--A 12 A. 159--A
The words "seating capacity for passengers", as used in this section,
shall mean seating capacity for adults. The commissioner shall have
authority to determine, for registration purposes, the manner of comput-
ing the seating capacity of any vehicle.
Provided, however, that in the case of a bus operated entirely by
electricity not generated by an engine contained therein the fees to be
paid upon registration or reregistration thereof shall be fifty per
centum in excess of the foregoing rates.
The foregoing schedules shall not apply to omnibuses operated pursuant
to a franchise or franchises over streets designated in said franchise
or franchises wholly within a city or cities, provided the holder of the
franchise or franchises pays for the same a percentage of its gross
earnings or gross receipts and for any such omnibus, without regard to
the seating capacity; nor shall the foregoing schedules apply to omni-
buses operated pursuant to a certificate of public convenience and
necessity granted under the transportation law and based upon the
consent of the local authorities of any city, town or village, other
than in the counties of Nassau, Suffolk and Westchester, as required by
the transportation corporations law or, in the county of Nassau, based
upon the consent of the board of supervisors of such county or of any
city or village therein, or of both such county and any city or village
therein or, in the counties of Suffolk and Westchester, based upon the
consent of the county board of legislators of such counties, as required
by chapter eight hundred seventy-nine of the laws of nineteen hundred
thirty-six, provided the holder of such local consent pays for the same
an annual fee to any such county, city, town or village, and for any
such omnibus, without regard to the seating capacity, the annual fee
shall be [ten] TWELVE dollars AND FIFTY CENTS. The foregoing schedules
shall not apply to trackless trolleys, but if such omnibus shall not be
operated in local transit service pursuant to a certificate of conven-
ience and necessity issued by the commissioner of transportation the
foregoing schedule of fees shall apply.
S 7. Paragraphs 1 and 2 of schedule B of subdivision 7 of section 401
of the vehicle and traffic law, as amended by chapter 55 of the laws of
1992, are amended to read as follows:
1. For each auto truck or light delivery car, the annual fee of [two]
THREE dollars and [eighty-eight] SIXTY cents for each five hundred
pounds maximum gross weight or fraction thereof, except that the annual
fee for such motor vehicle operated entirely by electricity not gener-
ated by an engine contained therein shall be [four] FIVE dollars and
[thirty-one] THIRTY-NINE cents for each five hundred pounds maximum
gross weight or fraction thereof, but in computing the weight of such an
electric vehicle the weight of electric batteries shall be excluded and
except also that the annual fee for each auto truck having a maximum
gross weight in excess of eighteen thousand pounds used exclusively in
the transportation of household goods (as defined by the commissioner of
transportation of this state or the interstate commerce commission) by a
carrier under authority of the commissioner of transportation of this
state or of the interstate commerce commission shall be [seven] NINE
dollars and [seventy-six] SEVENTY cents for each five hundred pounds
maximum gross weight or fraction thereof. Provided however, that no
motor vehicle registered pursuant to this paragraph may be charged a
registration fee in excess of that charged for a motor vehicle regis-
tered with a maximum gross weight of eighty thousand pounds.
2. For each tractor of any weight the annual fee of one dollar and
[twenty-one] FIFTY-ONE cents for each one hundred pounds, or major frac-
S. 59--A 13 A. 159--A
tion thereof, of maximum gross weight, except that the annual fee for
each tractor of any weight used exclusively in the transportation of
household goods (as defined by the commissioner of transportation of
this state or the interstate commerce commission) by a carrier under
authority of the commissioner of transportation of this state or of the
interstate commerce commission shall be [one dollar] TWO DOLLARS and
[seventy-three] SIXTEEN cents for each one hundred pounds, or major
fraction thereof, of maximum gross weight. Provided however, that no
motor vehicle registered pursuant to this paragraph may be charged a
registration fee in excess of that charged for a motor vehicle regis-
tered with a maximum gross weight of eighty thousand pounds.
S 8. Schedule C of subdivision 7 of section 401 of the vehicle and
traffic law, as amended by chapter 55 of the laws of 1992, is amended to
read as follows:
C. Schedule for taxicabs and livery. For each taxicab or livery having
a seating capacity for passengers, excluding the driver, of five persons
or less, the annual fee of [twenty-five] THIRTY-ONE dollars and [thirty]
SIXTY-THREE cents. For each such vehicle having a seating capacity for
passengers, excluding the driver, of not less than six persons, nor more
than seven persons, the annual fee of [forty-one] FIFTY-ONE dollars and
[forty] SEVENTY-FIVE cents. For each such vehicle having a seating
capacity for passengers, excluding the driver, of at least eight
persons, but not more than ten persons, the annual fee of [fifty-one]
SIXTY-FOUR dollars and [seventy-five] SIXTY-NINE cents. For each such
vehicle having a seating capacity for passengers, excluding the driver,
of at least eleven persons, but not more than fourteen persons, the
annual fee of [seventy-three] NINETY-TWO dollars [and sixty cents]. Any
registration issued pursuant to this schedule shall be revoked upon
receipt by the commissioner of a notice of revocation of any license or
permit necessary for the issuance of such registration from the local
authority which issued such license or permit, or upon receipt of
evidence by the commissioner that the registrant has been convicted of a
violation of any local law requiring the issuance of a license or permit
in order to engage in for-hire operation. Provided, however, that upon
surrender to the commissioner of any such revoked registration and
number plates and upon payment of the proper registration fee, a regis-
tration may be issued for the vehicle for which such registration has
been revoked pursuant to the provisions of subdivision six of this
section.
S 9. Paragraph 1 of schedule E of subdivision 7 of section 401 of the
vehicle and traffic law, as amended by chapter 55 of the laws of 1992,
is amended to read as follows:
1. For each agricultural truck, the annual fee of two dollars and [one
cent] FIFTY-ONE CENTS for each five hundred pounds maximum gross weight,
or fraction thereof.
S 10. Paragraph (a) of schedule F of subdivision 7 of section 401 of
the vehicle and traffic law, as amended by chapter 55 of the laws of
1992, is amended to read as follows:
(a) For each road roller, tractor crane, truck crane, power shovel,
road building machine, snow plow, road sweeper, sand spreader, well
driller, well servicing rig, feed processing machine, mobile car crusher
(whether self-propelled or a combination used exclusively as one unit),
earth mover, which shall mean a motor-driven vehicle in excess of eight
feet in width equipped with pneumatic tires designed and constructed for
moving or transporting earth and rock in connection with excavation and
grading work, and truck with small wheels used in a factory, warehouse
S. 59--A 14 A. 159--A
or railroad station, for each spreader or sprayer (generally meaning an
agricultural vehicle used to spread or spray agricultural chemicals,
agricultural lime and/or agricultural fertilizers) and fire vehicles, an
annual fee of [eleven] FOURTEEN dollars and [fifty] THIRTY-EIGHT cents;
provided, however, that the provisions of paragraph b of subdivision six
of this section relating to the exemption of certain motor vehicles from
the payment of registration fees thereon shall apply to the motor vehi-
cles specified in this schedule. A tractor-trailer combination designed
and used as a unit exclusively for the same purpose as a vehicle specif-
ically included in this schedule shall be considered as a single vehicle
and registered as a motor vehicle under this schedule rather than as a
tractor and trailer separately.
S 11. Paragraph 2 of schedule I of subdivision 7 of section 401 of the
vehicle and traffic law, as amended by chapter 55 of the laws of 1992,
is amended to read as follows:
2. For each rental vehicle of the passenger or suburban type having a
seating capacity for passengers, including the driver, of five persons
or less, the annual fee of [forty-two] FIFTY-THREE dollars and [fifty-
five] NINETEEN cents. For each such vehicle having a seating capacity
for passengers, including the driver, of not less than six persons, nor
more than seven persons, the annual fee of [fifty-nine] SEVENTY-FOUR
dollars and [eighty] SEVENTY-FIVE cents. For each such vehicle having a
seating capacity for passengers, including the driver, of at least eight
persons, but not more than ten persons, the annual fee of [sixty-nine]
EIGHTY-SIX dollars AND TWENTY-FIVE CENTS. For each such vehicle having
a seating capacity for passengers, including the driver, of at least
eleven persons, but not more than fifteen persons, the annual fee of
[ninety] ONE HUNDRED THIRTEEN dollars and [eighty-five] FIFTY-SIX cents.
S 12. Schedule K of subdivision 7 of section 401 of the vehicle and
traffic law, as added by chapter 621 of the laws of 1998, is amended to
read as follows:
K. Schedule for heavy duty vehicles: Notwithstanding any inconsistent
provision of this section, the registration fee for any vehicle
described in this paragraph shall be increased by up to [two] THREE and
[six-tenths] TWENTY-FIVE ONE HUNDREDTHS percent of such registration fee
in effect on [June] AUGUST first, [nineteen hundred ninety-eight] TWO
THOUSAND NINE, to fund the direct and indirect costs of the development
and implementation of a heavy duty emissions inspection program pursuant
to section 19-0320 of the environmental conservation law, including
planning, development of regulations and guidance, state implementation
plan development, personnel costs attributable to the program, and
enforcement costs. Such fee is authorized to be collected, commencing
June first, nineteen hundred ninety-nine, at the time of registration of
any vehicle required to be registered in New York having a gross vehicle
weight of greater than eight thousand five hundred pounds and powered by
diesel fuels except for those vehicles defined in section one hundred
one OF THIS CHAPTER, subparagraph two of paragraph E and subparagraph
(a) of paragraph F of this subdivision, and vehicles specified in subdi-
vision thirteen of this section, and farm type tractors and all terrain
type vehicles used exclusively for agricultural or mowing purposes, or
for snow plowing, other than for hire, farm equipment, including self-
propelled machines used exclusively in growing, harvesting or handling
farm produce, and self-propelled caterpillar or crawler-type equipment
while being operated on the contract site, and timber harvesting equip-
ment such as harvesters, wood chippers, forwarders, log skidders, and
other processing equipment used exclusively off highway for timber
S. 59--A 15 A. 159--A
harvesting and logging purposes. Notwithstanding any provision of law
to the contrary, any fee amount collected pursuant to this paragraph
shall be deposited in the clean air fund, to the credit of the mobile
source account, in accordance with the provisions of section ninety-sev-
en-oo of the state finance law. NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF THIS SCHEDULE, THE DIFFERENCE BETWEEN THE INCREASE OF THE
PERCENTAGE OF THE REGISTRATION FEES IN EFFECT ON OR AFTER AUGUST FIRST,
TWO THOUSAND NINE AND THE PERCENTAGE OF THE REGISTRATION FEES IN EFFECT
PRIOR TO SUCH DATE SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED
HIGHWAY AND BRIDGE TRUST FUND.
S 13. Paragraph a of subdivision 8 of section 401 of the vehicle and
traffic law, as amended by chapter 55 of the laws of 1992, is amended to
read as follows:
a. The provisions of this chapter in relation to registration books
and registration, certificates of registration, number plates, dupli-
cates of certificates and number plates, times of registration and
reregistration and the duration thereof, for motor vehicles, shall apply
also to trailers. The following fees shall be paid upon the registration
or reregistration of a trailer, other than a coach or house trailer or a
semitrailer, in accordance with the provisions of this article: The
annual fee of [four] FIVE dollars and [thirty-one] THIRTY-NINE cents for
each five hundred pounds or fraction thereof of maximum gross weight but
in no case shall the annual fee be less than [eleven] FOURTEEN dollars
and [fifty] THIRTY-EIGHT cents. The following fees shall be paid upon
the registration or reregistration of a coach or house trailer in
accordance with the provisions of this article: The annual fee of one
dollar and [thirty-eight] SEVENTY-THREE cents for each one hundred
pounds or major fraction thereof of unladen weight but in no case shall
the annual fee be less than [seventeen] TWENTY-ONE dollars and [twenty-
five] FIFTY-SEVEN cents. The following fees shall be paid upon the
registration or reregistration of a semitrailer in accordance with
provisions of this article: The annual fee of [twenty-three]
TWENTY-EIGHT dollars AND SEVENTY-FIVE CENTS. However, upon the request
of the applicant upon the registration or renewal of a registration of a
nineteen hundred eighty-nine or later model year semitrailer, such semi-
trailer may be registered for a period of not less than five and one-
half nor more than six and one-half years for a fee of [sixty-nine]
EIGHTY-SIX dollars AND TWENTY-FIVE CENTS. A semitrailer, used with any
device for converting it to a trailer, other than one being drawn by a
tractor semitrailer combination as part of a double tandem combination,
shall be registered as a trailer.
For the purposes of this paragraph, the unladen weight of a coach or
house trailer shall include the weight of any equipment permanently
attached to or installed in such trailer. Notwithstanding the foregoing
provisions and pursuant to regulations and limitations to be established
by the commissioner and upon payment of a fee of two dollars and thirty
cents therefor a temporary permit to move a coach or house trailer on
the public highways from one site to another shall be issued to the
owner thereof upon application therefor. Such application shall be made
in the manner prescribed by the commissioner.
S 14. Subdivisions 2 and 3 of section 405-c of the vehicle and traffic
law, as added by chapter 755 of the laws of 1987, are amended to read as
follows:
2. In addition to the registration fees provided in subdivision one of
this section, each applicant for such registration shall pay a fee of
two dollars AND FIFTY CENTS for each cab card, including a duplicate,
S. 59--A 16 A. 159--A
issued by the commissioner in accordance with such agreement. If a
number plate or plates is or are to be issued as a result of such appli-
cation, the applicant shall also pay any fee which would be required of
any applicant for registration of a similar type vehicle under section
four hundred one of this [chapter] TITLE for the issuance of a number
plate or plates.
3. The fee for a trip permit which allows operation of a vehicle with-
in this state shall be [fifteen] EIGHTEEN dollars AND SEVENTY-FIVE
CENTS.
S 15. The opening paragraph of section 401-a of the vehicle and traf-
fic law, as amended by chapter 289 of the laws of 1992, is amended to
read as follows:
The owner of a vehicle intended to be operated upon a public highway
or street only for the purpose of transporting the same to a jurisdic-
tion, within this state or to any other state, where the same is to be
registered, may file with the commissioner or any agent of the commis-
sioner an application for issuance of an in-transit permit for such
vehicle. The application shall be made on a form furnished by the
commissioner for such purpose and shall contain such information as the
commissioner shall require. If satisfied that the vehicle is to be oper-
ated as provided in this section, the commissioner shall upon payment of
a fee of [ten] TWELVE dollars AND FIFTY CENTS assign to such vehicle a
distinctive number and issue and deliver to the applicant an in-transit
permit, valid for a period of thirty days from the date of issuance, in
such form as the commissioner shall prescribe, indicating the extent to
which the vehicle covered by such permit may be operated on the public
highways and such vehicle may be operated only as so indicated.
S 16. Paragraph a of subdivision 5 of section 410 of the vehicle and
traffic law, as amended by chapter 435 of the laws of 1997, is amended
to read as follows:
a. The annual fee for registration or reregistration of a motorcycle
shall be eleven dollars and fifty cents. Beginning April first, nine-
teen hundred ninety-eight the annual fee for registration or reregistra-
tion of a motorcycle shall be [fourteen] SEVENTEEN dollars AND FIFTY
CENTS, of which two dollars and fifty cents shall be deposited into the
motorcycle safety fund established pursuant to section ninety-two-g of
the state finance law.
S 17. Subdivision 1 of section 411-a of the vehicle and traffic law,
as added by chapter 962 of the laws of 1981, is amended to read as
follows:
1. The commissioner may issue special number plates to applicants
therefor in the same manner as other number plates are issued pursuant
to this article. Such special number plates shall be issued only upon
payment of an annual service charge of [fifteen] EIGHTEEN dollars AND
SEVENTY-FIVE CENTS in addition to the regular fee prescribed by section
four hundred ten of this [chapter] ARTICLE. Application for special
number plates shall be made in accordance with regulations promulgated
by the commissioner with respect to issuance of such number plates.
S 18. Section 411-b of the vehicle and traffic law, as added by chap-
ter 30 of the laws of 1989, is amended to read as follows:
S 411-b. Registration fee schedule for historical motorcycles. For
each motorcycle which is owned and operated as an exhibition piece or
collectors item, and is used for participation in club activities,
exhibit, tours, parades, occasional transportation and similar uses, but
not used for general daily transportation, an annual fee of [twenty]
TWENTY-FIVE dollars. For purposes of this section, a historical motorcy-
S. 59--A 17 A. 159--A
cle shall mean any motorcycle manufactured more than twenty-five years
prior to the current calendar year, and any other model, year and type
motorcycle which has unique characteristics and which is determined by
the commissioner to be of historical, classic or exhibition value.
Registration plates for such motorcycles shall be of a type and design
approved by the commissioner, but shall be of a distinctive nature,
except that, with the approval of the commissioner, an owner of any such
motorcycle may utilize registration plates of this state with the date
of year corresponding to the model year date when the vehicle was manu-
factured, if the model year date registration plate is legible and serv-
iceable, as determined by the department, in lieu of the registration
plates otherwise required by this chapter. Such plates shall be used
only for the operation of the motorcycle listed on the registration
application and on other motorcycles which would qualify for registra-
tion under this schedule owned by persons other than the registrant for
the purpose of test driving by the registrant or his agent in antic-
ipation of possible purchase. No such registration will be issued unless
evidence of financial security, in a form prescribed by the commission-
er, is submitted which provides coverage for the motorcycle listed on
the registration application and for non-owned motorcycles being oper-
ated with such plates.
S 19. Paragraph (b) of subdivision 3 of section 2261 of the vehicle
and traffic law, as added by chapter 869 of the laws of 1976, is amended
to read as follows:
(b) The annual fee for the registration, renewal, reregistration or
amendment or duplicate of a registration of a limited use motorcycle
shall be [five] SIX dollars AND TWENTY-FIVE CENTS. Any such registra-
tion will commence and expire on dates to be determined by the commis-
sioner. A fee for a registration for periods of more or less than one
year shall not be prorated.
S 20. Paragraphs (a) and (b) of subdivision 4 of section 2222 of the
vehicle and traffic law, as amended by section 2 of part I of chapter 59
of the laws of 2004, are amended to read as follows:
(a) A fee of [ten] TWELVE dollars AND FIFTY CENTS for each individual
resident registration.
(b) A fee of [ten] TWELVE dollars AND FIFTY CENTS for each individual
nonresident registration.
S 21. Subparagraph A of paragraph e of subdivision 6 of section 401 of
the vehicle and traffic law, as added by chapter 793 of the laws of
1977, is amended to read as follows:
A. In addition to any other fee for registration required to be paid
pursuant to this article, the commissioner may require the payment of an
annual service charge of [five] SIX dollars AND TWENTY-FIVE CENTS upon
the issuance of a radio operator number plate which he, in his
discretion, is hereby authorized to do as provided by this paragraph.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE DIFFER-
ENCE BETWEEN THE REGISTRATION FEES PROVIDED FOR IN THIS PARAGRAPH IN
EFFECT ON OR AFTER AUGUST FIRST, TWO THOUSAND NINE AND THE REGISTRATION
FEES IN EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED TO THE CREDIT OF
THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND.
S 22. Subdivision 1 of section 404 of the vehicle and traffic law, as
amended by chapter 170 of the laws of 1994, is amended to read as
follows:
1. The commissioner may issue special number plates to applicants
therefor in the same manner as other number plates are issued pursuant
to this article. Such special number plates shall be issued only upon
S. 59--A 18 A. 159--A
payment of an annual service charge of [twenty-five] THIRTY-ONE dollars
AND TWENTY-FIVE CENTS in addition to the regular fee prescribed by
section four hundred one of this [chapter] ARTICLE. Application for
special number plates shall be made in accordance with regulations
promulgated by the commissioner with respect to issuance of such number
plates. Provided, however, in lieu of the annual fee specified herein,
the commissioner may establish specific categories of plates for which
an annual fee of not less than [fifteen] EIGHTEEN dollars AND
SEVENTY-FIVE CENTS nor more than [twenty-five] THIRTY-ONE dollars AND
TWENTY-FIVE CENTS may be charged subject to the approval of the director
of the division of the budget. NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF THIS SECTION, THE DIFFERENCE BETWEEN THE SPECIAL PLATES FEE
OR SERVICE CHARGE PROVIDED FOR IN THIS SUBDIVISION IN EFFECT ON OR AFTER
AUGUST FIRST, TWO THOUSAND NINE AND THE SPECIAL PLATES FEE OR SERVICE
CHARGE IN EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED TO THE CREDIT OF
THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND.
S 23. Subdivision 2 of section 404 of the vehicle and traffic law, as
separately amended by chapters 158 and 190 of the laws of 1990, is
amended to read as follows:
2. For purposes of this section, a special number plate shall be a
plate which contains not more than eight letters, numerals or any combi-
nation thereof and which is reserved by the commissioner for issuance in
accordance with the provisions of this section, or a plate reserved for
issuance in a series for vehicles owned by public officers, physicians,
visiting nurses, accredited representatives of the press or other
groups. In issuing special number plates the commissioner shall give
those applicants who held a special number plate at the time of the
enactment of this section the right to retain such special number plate
upon the payment of the annual service charge of [twenty-five]
THIRTY-ONE dollars AND TWENTY-FIVE CENTS. Provided, however, that such
right of retention shall apply only to the first renewal of the regis-
tration of such special number plate following the enactment of this
section. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION,
THE DIFFERENCE BETWEEN THE ANNUAL SERVICE CHARGE PROVIDED FOR IN THIS
SUBDIVISION IN EFFECT ON OR AFTER AUGUST FIRST, TWO THOUSAND NINE AND
THE ANNUAL SERVICE CHARGE IN EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSIT-
ED TO THE CREDIT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND.
S 24. Subdivision 2 of section 404-l of the vehicle and traffic law,
as amended by chapter 170 of the laws of 1994, is amended to read as
follows:
2. A distinctive plate issued pursuant to this section shall be issued
in the same manner as other number plates upon payment of the regular
registration fee prescribed by section four hundred one of this article
provided, however, that an additional annual service charge of [twenty-
five] THIRTY-ONE dollars AND TWENTY-FIVE CENTS shall be charged for such
plates, and provided that a further additional annual service charge of
[twenty-five] THIRTY-ONE dollars AND TWENTY-FIVE CENTS shall be charged
for any such plate containing specially requested numerals and/or
letters. Provided, however, in lieu of the annual fee specified herein,
the commissioner may establish specific categories of plates for which
an annual fee of not less than [fifteen] EIGHTEEN dollars AND
SEVENTY-FIVE CENTS nor more than [twenty-five] THIRTY-ONE dollars AND
TWENTY-FIVE CENTS may be charged subject to the approval of the director
of the division of the budget. NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF THIS SECTION, THE DIFFERENCE BETWEEN THE ANNUAL SERVICE
CHARGE OR FEE PROVIDED FOR IN THIS SUBDIVISION IN EFFECT ON OR AFTER
S. 59--A 19 A. 159--A
AUGUST FIRST, TWO THOUSAND NINE AND THE ANNUAL SERVICE CHARGE OR FEE IN
EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED TO THE CREDIT OF THE DEDI-
CATED HIGHWAY AND BRIDGE TRUST FUND.
S 25. Paragraph b of subdivision 3 of section 401 of the vehicle and
traffic law, as amended by chapter 548 of the laws of 1986, is amended
to read as follows:
b. During a registration period the commissioner may, upon application
by the owner of a registered motor vehicle and upon payment of a fee of
three dollars AND SEVENTY-FIVE CENTS, change the distinctive number
assigned to such motor vehicle and issue a new set of number plates
provided the original registration and number plates are surrendered.
S 26. Schedule G of subdivision 7 of section 401 of the vehicle and
traffic law, as amended by chapter 710 of the laws of 2004, is amended
to read as follows:
G. Schedule for historical motor vehicles. For each motor vehicle
which is owned and operated as an exhibition piece or collectors item,
and is used for participation in club activities, exhibit, tours,
parades, occasional transportation and similar uses, but not used for
general daily transportation, an annual fee of [twenty-three]
TWENTY-EIGHT dollars AND SEVENTY-FIVE CENTS. For purposes of this para-
graph, a historical motor vehicle shall mean any vehicle manufactured
more than twenty-five years prior to the current calendar year, and any
other model, year and type vehicle which has unique characteristics and
which is determined by the commissioner to be of historical, classic or
exhibition value. Registration plates for such vehicles shall be of a
type and design approved by the commissioner, but shall be of a distinc-
tive nature. Except that, with the approval of the commissioner, an
owner of any such vehicle may utilize registration plates issued in the
year corresponding to the model year date in which the vehicle was manu-
factured, if the registration plate is legible, durable, and servicea-
ble, of this state, and accurate in color, as determined by the depart-
ment. Nothing in this paragraph shall be construed to prohibit the use
of previously issued registration plates that have been restored, with-
out deviation from their original alphanumeric or pictorial content, to
such condition as otherwise satisfies all applicable requirements. Such
plates shall be used only for the operation of the motor vehicle listed
on the registration application and on other motor vehicles which would
qualify for registration under this schedule owned by persons other than
the registrant for the purpose of test driving by the registrant or his
or her agent in anticipation of possible purchase. No such registration
will be issued unless evidence of financial security, in a form
prescribed by the commissioner, is submitted which provides coverage for
the motor vehicle listed on the registration application and for non-
owned motor vehicles being operated with such plates.
S 27. Subdivisions 6 and 8 of section 420 of the vehicle and traffic
law, as amended by chapter 190 of the laws of 1990, are amended to read
as follows:
6. Provided, further, that the registration of a vehicle registered in
the names of two or more persons, as partners or otherwise, shall not
expire upon a change in ownership of the vehicle so long as any of the
persons named in such registration as owners of the vehicle is the owner
or part owner of the vehicle. However, when any change in the ownership
of such a vehicle occurs and the registration does not expire, the owner
or owners after such change shall forthwith file with the commissioner a
statement of the ownership of such vehicle in such form as the commis-
sioner shall require, together with a fee of [seven] TEN dollars [and
S. 59--A 20 A. 159--A
seventy-five cents], and the commissioner shall issue a new certificate
of registration.
8. The owner of a registered motor vehicle, motorcycle or trailer may
transfer the registration and, if appropriate, the number plates thereof
to another vehicle owned by him or her upon making application for such
transfer, paying a transfer fee of [seven] TEN dollars [and seventy-five
cents], and paying the proportionate excess, if any, of the annual fee
for registering the second vehicle over the annual fee for registering
the first vehicle for each day or fraction thereof constituting the
unexpired registration period, provided, however, that the registration
and number plates for the second vehicle, if such vehicle is registered
in this state, are either surrendered to the commissioner or transferred
to another vehicle as provided herein. If the number plates of the first
vehicle are not appropriate for the second vehicle, the commissioner or
his or her agent shall, upon the surrender of such number plates,
furnish appropriate number plates. Whenever a total fee for reregistra-
tion prescribed in this section shall amount to a fee other than a whole
dollar amount, the fee required to be paid shall be rounded to the near-
est twenty-five cents.
S 28. This act shall take effect August 1, 2009; provided, however,
that sections one through fourteen of this act and section twenty-four
of this act shall apply to applications for new registrations and
renewals of existing registrations required to be registered on or after
such date; provided, further, that section sixteen of this act shall
apply to applications for in-transit permits on or after such date.
PART H
Section 1. Paragraph a of subdivision 3 of section 401 of the vehicle
and traffic law, as amended by section 1 of part B of chapter 62 of the
laws of 2003, is amended to read as follows:
a. Upon filing of such application and the payment of the fee herein-
after provided, the commissioner shall assign to such motor vehicle a
distinctive number and, without expense to the applicant, issue and
deliver in such manner as the commissioner may select to the owner a
certificate of registration, in such form as the commissioner shall
prescribe, and two number plates at a place within the state of New York
named by the applicant in his OR HER application. A number plate, with-
in the meaning of this chapter, may, in the discretion of the commis-
sioner, be a plate of a permanent nature, treated with reflectorized
material according to specifications prescribed by the commissioner, and
with a date tag attached to such plate or to the vehicle as prescribed
by regulations of the commissioner indicating the validity of the plate
during a certain period and the issuance of such a number plate with
such date tag to a person possessing such a number plate shall be deemed
the issuance of a number plate. An additional fee, not to exceed
[fifteen] TWENTY-FIVE dollars, shall be paid to the commissioner whenev-
er a set of reflectorized number plates is issued for any vehicle for
which a registration fee is normally charged except that, with respect
to any number plate which is specifically requested by the applicant,
such fee shall be paid to the commissioner upon approval of such
request. In the event of the loss, mutilation or destruction of any
certificate of registration, any number plate or set of number plates
whether with or without a date tag or tags, or any date tag or set of
date tags provided for in this article, the owner of a registered motor
vehicle may file such statement and proof of the facts as the commis-
S. 59--A 21 A. 159--A
sioner shall require, with a fee of three dollars, in the office of the
commissioner, or, unless and until the commissioner shall otherwise
direct, in the office of the agent who issued the certificate, plate,
plates, tag or tags and the commissioner or his OR HER agent, as the
case may be, shall issue a duplicate or substitute. It shall be the duty
of every owner holding a certificate of registration to notify the
commissioner in writing of any change of residence of such person within
ten days after such change occurs, and to inscribe on such certificate,
in the place provided by the commissioner, a record of such change of
residence.
S 2. This act shall take effect on April 1, 2010 and shall apply to
applications for new registrations and renewals of existing registra-
tions of any vehicle required to be registered on or after such date.
PART I
Section 1. Subdivision 2 of section 1809 of the vehicle and traffic
law, as amended by section 3 of part M of chapter 62 of the laws of
2003, is amended to read as follows:
2. Where a person is convicted of two or more such crimes or traffic
infractions committed through a single act or omission, or through an
act or omission which in itself constituted one of the crimes or traffic
infractions and also was a material element of the other, the court or
administrative tribunal shall impose a crime victim assistance fee and a
mandatory surcharge mandated by subdivision one of this section for each
such conviction[; provided however, that in no event shall the total
amount of such crime victim assistance fees and mandatory surcharges
imposed pursuant to paragraph (a) or (c) of subdivision one of this
section exceed one hundred dollars].
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subdivision
2 of section 1809 of the vehicle and traffic law made by section one of
this act shall not affect the expiration of such subdivision and shall
be deemed to expire therewith.
PART J
Section 1. Section 12 of chapter 569 of the laws of 1981, amending the
vehicle and traffic law relating to motor vehicle liability insurance,
financial security, criminal acts and penalties for non-compliance, as
amended by section 1 of part I of chapter 59 of the laws of 2007, is
amended to read as follows:
S 12. This act shall take effect on the first day of September, 1982
and the amendments made to the provisions of the vehicle and traffic law
by sections one through nine of this act shall expire on June 30, [2009]
2011 and shall apply to the use and operation of motor vehicles during
such period. Upon such expiration date the provisions of such sections
of such law shall revert to and be read as set out in law on the date
immediately preceding the effective date of this act. The commissioner
shall widely publicize the provisions of this act and take all actions
necessary to prepare for its implementation prior to the effective date.
S 2. Section 15 of chapter 781 of the laws of 1983, amending the vehi-
cle and traffic law and other laws relating to motor vehicle liability
insurance, financial security, criminal acts and certain penalties for
non-compliance, as amended by section 2 of part I of chapter 59 of the
laws of 2007, is amended to read as follows:
S. 59--A 22 A. 159--A
S 15. This act shall take effect immediately except that sections ten
and eleven hereof shall take effect on June 30, [2009] 2011; the amend-
ments made to the provisions of the vehicle and traffic law and the
insurance law by sections one through seven of this act shall expire
June 30, [2009] 2011; upon such date the provisions of such sections of
such laws shall revert to and be read as set out in law on the date
immediately preceding the effective date of this act.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART K
Section 1. Item 2 of clause (A) of subparagraph (ii) of paragraph (i)
of subdivision 1 of section 201 of the vehicle and traffic law, as
amended by chapter 251 of the laws of 2007, is amended to read as
follows:
(2) fifteen years for violating an out of service order as provided
for in the rules and regulations of the department of [motor vehicles]
TRANSPORTATION while operating a commercial motor vehicle.
S 2. Subparagraph (ii) of paragraph (b) of subdivision 2 of section
501 of the vehicle and traffic law, as amended by section 3 of part E of
chapter 60 of the laws of 2005, is amended to read as follows:
(ii) H endorsement. Shall be required to transport hazardous materials
as defined in section one hundred three of the hazardous materials
transportation act, public law 93-633, title I, when the vehicle trans-
porting such materials is required to be placarded under the hazardous
materials regulation, 49 CFR part 172, subpart F or is transporting any
quantity of material listed as a select agent or toxin in 42 CFR part
73. An applicant for a commercial driver's license in this state who
wishes to transport hazardous materials must obtain a New York state
hazardous materials endorsement even if such applicant holds a valid
hazardous materials endorsement issued by another state. A farm vehicle
shall be exempt from the requirement for such endorsement when trans-
porting hazardous materials within one hundred fifty miles of the
person's farm. However, a separate non-commercial endorsement shall be
required for such exempted transportation. In order to obtain such
endorsement, the license holder must submit fingerprints for purposes of
a criminal history record check pursuant to subdivision six of this
section. IN ADDITION TO THE PROVISIONS OF THIS SUBPARAGRAPH, NO PERSON
SHALL BE ISSUED A HAZARDOUS MATERIALS ENDORSEMENT IF SUCH PERSON DOES
NOT MEET THE QUALIFICATIONS FOR ISSUANCE OF SUCH ENDORSEMENT SET FORTH
IN SECTIONS 383.71(A)(9) AND 383.141 AND PART 1572 OF TITLE 49 OF THE
CODE OF FEDERAL REGULATIONS.
S 3. Subparagraph (i) of paragraph (d) of subdivision 2 of section 501
of the vehicle and traffic law, as amended by section 6 of part E of
chapter 60 of the laws of 2005, is amended to read as follows:
(i) Notwithstanding the foregoing provisions of this subdivision, a
motor vehicle or combination of vehicles, other than a motorcycle, that
is a military vehicle operated by a member of the armed forces, or a
police or fire vehicle during its use in an emergency operation, as
defined in section one hundred fourteen-b of this chapter, or a vehicle
owned and identified as being owned by the state, a political subdivi-
sion thereof, an ambulance service as defined in subdivision two of
section three thousand one of the public health law or a voluntary ambu-
lance service as defined in subdivision three of such section and used
to provide emergency medical service as defined in section three thou-
S. 59--A 23 A. 159--A
sand one of the public health law may be operated with any class license
other than a class DJ, M or MJ license. For the purposes of this para-
graph the term "member of the armed forces" shall include active duty
military personnel; members of the reserve components of the armed forc-
es; members of the national guard on active duty, including personnel on
full time active guard duty, personnel on part-time national guard
training, and national guard military technicians (civilians who are
required to wear military uniforms); and active duty United States coast
guard personnel. The term shall not include United States reserve tech-
nicians. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED FOUR-
TEEN-B OF THIS CHAPTER, FOR THE PURPOSES OF THIS SUBPARAGRAPH, THE TERM
EMERGENCY OPERATION SHALL INCLUDE RETURNING FROM EMERGENCY SERVICE.
S 4. Paragraph (b) of subdivision 4 of section 501-a of the vehicle
and traffic law, as amended by chapter 251 of the laws of 2007, is
amended to read as follows:
(b) However, a commercial motor vehicle shall not include: (i) a
personal use vehicle or a farm vehicle or a combination of such vehi-
cles; (ii) any motor vehicle or combination of motor vehicles operated
by a member of the armed forces for military purposes; (iii) a police or
fire vehicle or a vehicle during its use in an emergency operation, as
defined in section one hundred fourteen-b of this chapter, owned and
identified as being owned by the state, a political subdivision thereof,
an ambulance service as defined in subdivision two of section three
thousand one of the public health law or a voluntary ambulance service
as defined in subdivision three of such section and used to provide
emergency medical service as defined in section three thousand one of
the public health law or combination of such vehicles; or (iv) a vehicle
or combination of vehicles which is designed and primarily used for
purposes other than the transportation of persons or property and which
is operated on a public highway only occasionally for the purpose of
being transported to a construction or off-highway site at which its
primary purpose is to be performed except as may otherwise be specif-
ically provided by regulation of the commissioner. For the purposes of
this paragraph, the term "member of the armed forces" shall include
active duty military personnel; members of the reserve components of the
armed forces; members of the national guard on active duty, including
personnel on full time active guard duty, personnel on part-time
national guard training, and national guard military technicians (civil-
ians who are required to wear military uniforms); and active duty United
States coast guard personnel. The term shall not include United States
reserve technicians. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE
HUNDRED FOURTEEN-B OF THIS CHAPTER, FOR THE PURPOSES OF THIS PARAGRAPH,
THE TERM EMERGENCY OPERATION SHALL INCLUDE RETURNING FROM EMERGENCY
SERVICE.
S 5. Paragraphs (a) and (b) of subdivision 2 of section 510-a of the
vehicle and traffic law, as amended by section 2 of part J of chapter 59
of the laws of 2006, are amended to read as follows:
(a) Except as otherwise provided in paragraph (b) of this subdivision,
where revocation of a commercial driver's license is mandatory pursuant
to paragraph (a), (C), (d) or (e) of subdivision one of this section no
new commercial driver's license shall be issued for at least one year
nor thereafter except in the discretion of the commissioner, except that
if such person has previously been found to have refused a chemical test
pursuant to section eleven hundred ninety-four of this chapter or has a
prior conviction of any of the following offenses: any violation of
section eleven hundred ninety-two of this chapter, any violation of
S. 59--A 24 A. 159--A
subdivision one or two of section six hundred of this chapter, or any
felony involving the use of a motor vehicle pursuant to paragraph (a) of
subdivision one of this section, or has been convicted of operating a
commercial motor vehicle when, as a result of prior violations committed
while operating a commercial motor vehicle, the driver's commercial
driver's license is revoked, suspended, or canceled, or the driver is
disqualified from operating a commercial motor vehicle, or has been
convicted of causing a fatality through the negligent operation of a
commercial motor vehicle, including but not limited to the crimes of
vehicular manslaughter or criminally negligent homicide, then such
commercial driver's license revocation shall be permanent.
(b) Where revocation is mandatory pursuant to paragraph (a), (C), (d)
or (e) of subdivision one of this section and the commercial motor vehi-
cle was transporting hazardous materials, no new commercial driver's
license shall be issued for at least three years nor thereafter except
in the discretion of the commissioner, except that if such person has
previously been found to have refused a chemical test pursuant to
section eleven hundred ninety-four of this chapter or has a prior
conviction of any of the following offenses: any violation of section
eleven hundred ninety-two of this chapter, any violation of subdivision
one or two of section six hundred of this chapter, or any felony involv-
ing the use of a motor vehicle pursuant to paragraph (a) of subdivision
one of this section, or been convicted of operating a commercial motor
vehicle when, as a result of prior violations committed while operating
a commercial motor vehicle the driver's commercial driver's license is
revoked, suspended, or canceled, or the driver is disqualified from
operating a commercial motor vehicle, or has been convicted of causing a
fatality through the negligent operation of a commercial motor vehicle,
including but not limited to the crimes of vehicular manslaughter or
criminally negligent homicide, then such commercial driver's license
revocation shall be permanent.
S 6. Paragraphs (a) and (b) of subdivision 3 of section 510-a of the
vehicle and traffic law, paragraph (a) as added by chapter 173 of the
laws of 1990 and paragraph (b) as amended by chapter 251 of the laws of
2007, are amended to read as follows:
(a) A commercial driver's license shall be suspended by the commis-
sioner for a period of sixty days where the holder is convicted[, during
any three year period,] of two serious traffic violations as defined in
subdivision four of this section COMMITTED WITHIN A THREE YEAR PERIOD,
in separate incidents whether such convictions occurred within or
outside of this state.
(b) A commercial driver's license shall be suspended by the commis-
sioner for a period of one hundred twenty days where the holder is
convicted[, during any three year period,] of three serious traffic
violations as defined in subdivision four of this section COMMITTED
WITHIN A THREE YEAR PERIOD, in separate incidents whether such
convictions occurred within or outside of this state. Such suspension
shall take effect upon the termination of any other suspension already
in effect pursuant to paragraph (a) of this subdivision or this para-
graph.
S 7. Subparagraphs (i) and (ii) of paragraph (d) of subdivision 3 of
section 510-a of the vehicle and traffic law, as amended by chapter 569
of the laws of 2002, are amended to read as follows:
(i) for a period of [ninety] ONE HUNDRED EIGHTY days where the holder
was found to have operated a commercial motor vehicle designed or used
to transport property as defined in subparagraphs (i) and (ii) of para-
S. 59--A 25 A. 159--A
graph (a) of subdivision four of section five hundred one-a of this
title, in violation of an out-of-service order as provided for in the
rules and regulations of the department of transportation whether such
violation was committed within this state or was the same or a similar
violation involving an out-of-service order committed outside of this
state;
(ii) for a period of [one year] TWO YEARS if, during any ten-year
period, the holder is found to have committed two such violations not
arising from the same incident whether such violations were committed
within or outside of the state;
S 8. Subdivision 6 of section 510-a of the vehicle and traffic law, as
added by chapter 173 of the laws of 1990, is amended to read as follows:
6. Application of section to persons not holding a commercial driver's
license. Whenever a person who is not the holder of a commercial driv-
er's license issued by the commissioner is convicted of a violation
ARISING OUT OF THE OPERATION OF A COMMERCIAL MOTOR VEHICLE which would
require the mandatory revocation or suspension of a commercial driver's
license pursuant to this [section] CHAPTER, the privilege of such person
to operate a commercial motor vehicle and/or to obtain a commercial
driver's license issued by the commissioner will be suspended or revoked
for the same periods of time and subject to the same conditions provided
in this [section] CHAPTER which would be applicable to the holder of a
commercial driver's license and in addition, the driver's license or
privilege of operating a motor vehicle by such person shall be suspended
or revoked for the same periods of time for which the privilege of oper-
ating a commercial motor vehicle or the privilege to obtain a commercial
driver's license are suspended or revoked.
S 9. Subparagraphs (v) and (vi) of paragraph d of subdivision 2 of
section 140 of the transportation law, subparagraph (v) as amended by
section 2 of part K of chapter 412 of the laws of 1999 and subparagraph
(vi) as added by chapter 173 of the laws of 1990, are amended to read as
follows:
(v) (a) [Operation of any motor vehicle after it has been placed out-
of-service] A DRIVER WHO IS CONVICTED OF VIOLATING AN OUT-OF-SERVICE
ORDER as provided for in the department's safety rules and regulations
shall [constitute] BE GUILTY OF a [misdemeanor and] TRAFFIC INFRACTION
WHICH shall be punishable by a fine of not less than [one] TWO thousand
FIVE HUNDRED dollars nor more than [two] FOUR thousand [five hundred]
dollars[, or by imprisonment for not more than ninety days, or by both
such fine and imprisonment] upon the first offense, and [upon being
found guilty of a second or subsequent offense within eighteen months]
by a fine of not less than [two] FIVE thousand [five hundred] dollars
nor more than [five] SIX thousand dollars [or by imprisonment for not
more than one hundred eighty days or by both such fine and imprisonment]
UPON BEING FOUND GUILTY OF A SECOND OR SUBSEQUENT OFFENSE.
(b) No person, corporation, limited liability company or business
entity, joint stock association, partnership, or any officer or agent
thereof, shall knowingly allow, require, permit or authorize any person
to operate a commercial motor vehicle as defined by section five hundred
one-a of the vehicle and traffic law during any period in which such
person [or], such commercial motor vehicle, OR SUCH MOTOR CARRIER OPERA-
TION has been placed out of service as provided for in the department's
safety rules and regulations and shall be subject to a fine of not less
than two thousand [five] SEVEN hundred FIFTY dollars and not more than
[ten] TWENTY-FIVE thousand dollars for any violation thereof.
S. 59--A 26 A. 159--A
(C) NO PERSON, CORPORATION, LIMITED LIABILITY COMPANY OR BUSINESS
ENTITY, JOINT STOCK ASSOCIATION, PARTNERSHIP, OR ANY OFFICER OR AGENT
THEREOF, SHALL KNOWINGLY ALLOW, REQUIRE, PERMIT OR AUTHORIZE ANY PERSON
TO OPERATE A COMMERCIAL MOTOR VEHICLE AS DEFINED IN SECTION FIVE HUNDRED
ONE-A OF THE VEHICLE AND TRAFFIC LAW IN VIOLATION OF ANY FEDERAL, STATE
OR LOCAL LAWS OR REGULATIONS RELATED TO HIGHWAY-RAILROAD GRADE CROSSINGS
OR IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-ONE OR ELEVEN HUNDRED
SEVENTY-SIX OF THE VEHICLE AND TRAFFIC LAW AND, UPON CONVICTION THEREOF,
SHALL BE SUBJECT TO A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS FOR ANY
VIOLATION THEREOF.
(vi) If any person, corporation, company, association, joint stock
association, partnership, person or any officer or agent thereof, does
not appear in response to an appearance ticket or the court's direction,
or pay any fine imposed BY THE COURT OR A CIVIL PENALTY IMPOSED PURSUANT
TO THE PROVISIONS OF SECTION ONE HUNDRED FORTY-FIVE OF THIS ARTICLE, the
commissioner of motor vehicles shall have the power to suspend the
registration or privilege of operation of any vehicle operated or
alleged to have been operated in violation of the department's safety
rules and regulations.
S 10. This act shall take effect immediately, provided however,
sections seven and nine of this act shall take effect on the sixtieth
day after it shall have become a law.
PART L
Section 1. Subdivision 4 of section 502 of the vehicle and traffic law
is amended by adding a new paragraph (h) to read as follows:
(H) COURSE COMPLETION CERTIFICATE FEE. THE FEE FOR A COURSE
COMPLETION CERTIFICATE PROVIDED BY THE DEPARTMENT TO AN ENTITY THAT IS
APPROVED BY THE COMMISSIONER TO OFFER THE PRE-LICENSING COURSE, REQUIRED
BY THIS SUBDIVISION, FOR ISSUANCE BY SUCH ENTITY TO STUDENTS UPON THEIR
COMPLETION OF SUCH PRE-LICENSING COURSE SHALL BE ONE DOLLAR. SUCH FEE
SHALL BE PAID BY SUCH ENTITY AND SHALL NOT BE CHARGED TO A PERSON WHO
TAKES THE COURSE IN ANY MANNER.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART M
Intentionally omitted.
PART N
Section 1. Subdivision 3 of section 502 of the vehicle and traffic
law, as amended by chapter 692 of the laws of 1985, is amended to read
as follows:
3. Application for learner's permit. An application for a learner's
permit shall be included in the application for a license. A learner's
permit shall be issued in such form as the commissioner shall determine
but shall not be issued unless the applicant has successfully passed the
vision test required by this section [and the test set forth in para-
graph (a) of subdivision four of this section with respect to laws
relating to traffic and ability to read and comprehend traffic signs and
symbols] and has satisfactorily completed any course required pursuant
to paragraph (a) of subdivision four of this section OR A DRIVER EDUCA-
TION COURSE APPROVED BY THE STATE EDUCATION DEPARTMENT AND THE COMMIS-
S. 59--A 27 A. 159--A
SIONER IN A HIGH SCHOOL OR COLLEGE WITHIN THE SIX MONTHS PRECEDING THE
APPLICATION FOR SUCH PERMIT. Upon acceptance of an application for a
learner's permit the commissioner shall provide the applicant with a
driver's manual which includes but is not limited to the laws relating
to traffic, the laws relating to and physiological effects of driving
while ability impaired and driving while intoxicated, explanations of
traffic signs and symbols and such other matters as the commissioner may
prescribe.
S 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
of the vehicle and traffic law, as amended by chapter 585 of the laws of
2002, is amended to read as follows:
(i) Upon submission of an application for a driver's license, the
applicant shall be required [to take and pass a test, or submit evidence
of passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while intoxicat-
ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
ty" awareness as defined by the commissioner, the ability to read and
comprehend traffic signs and symbols and such other matters as the
commissioner may prescribe, and] to satisfactorily complete a course
prescribed by the commissioner of not less than four hours and not more
than five hours, consisting of classroom driver training and highway
safety instruction or the equivalent thereof OR A DRIVER EDUCATION
COURSE APPROVED BY THE STATE EDUCATION DEPARTMENT AND THE COMMISSIONER
IN A HIGH SCHOOL OR COLLEGE. [Such test shall include at least seven
written questions concerning the effects of consumption of alcohol or
drugs on the ability of a person to operate a motor vehicle and the
legal and financial consequences resulting from violations of section
eleven hundred ninety-two of this chapter, prohibiting the operation of
a motor vehicle while under the influence of alcohol or drugs. Such test
shall include one or more written questions concerning the devastating
effects of "Road Rage" on the ability of a person to operate a motor
vehicle and the legal and financial consequences resulting from assault-
ing, threatening or interfering with the lawful conduct of another
person legally using the roadway. Such test shall include one or more
questions concerning the potential dangers to persons and equipment
resulting from the unsafe operation of a motor vehicle in a work zone.
Such test shall be administered by the commissioner.] THE COMMISSIONER
MAY PRESCRIBE BY REGULATION THAT ANY PERSON WHO ENROLLS IN THE PRE-LI-
CENSING COURSE, REQUIRED BY THIS PARAGRAPH, OR A DRIVER EDUCATION COURSE
APPROVED BY THE STATE EDUCATION DEPARTMENT AND THE COMMISSIONER IN A
HIGH SCHOOL OR COLLEGE MUST COMPLETE A WRITTEN TEST PRIOR TO RECEIVING A
COURSE COMPLETION CERTIFICATE. The commissioner shall cause the appli-
cant to take a vision test and a test for color blindness. Upon passage
of the vision test, the application may be accepted and the application
fee shall be payable. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SECTION, AN APPLICANT FOR A COMMERCIAL DRIVER'S LICENSE, AS DEFINED IN
SUBDIVISION ONE OF SECTION FIVE HUNDRED ONE-A OF THIS ARTICLE, MUST PASS
A WRITTEN TEST, THE FORM AND CONTENT OF WHICH IS PRESCRIBED BY THE
COMMISSIONER, UNLESS SUCH APPLICANT IS THE HOLDER OF A VALID OR RENEWA-
BLE COMMERCIAL DRIVER'S LICENSE ISSUED BY ANOTHER JURISDICTION.
S 3. Paragraph (g) of subdivision 4 of section 502 of the vehicle and
traffic law is REPEALED.
S 4. Paragraph (a) of subdivision 2 of section 503 of the vehicle and
traffic law, as amended by chapter 55 of the laws of 1992, is amended to
read as follows:
S. 59--A 28 A. 159--A
(a) Initial application fee. The fee required for the initiation of
the licensing process by a person who does not hold a valid or renewable
license issued by the commissioner shall be ten dollars.
(i) [If application is made for any license other than a commercial
driver's license, such fee shall enable the applicant to take the know-
ledge test required for issuance of a learner's permit and driver's
license no more than twice.
(ii) (A)] If application is made for a commercial driver's license,
such fee shall enable the applicant to take the knowledge test required
for issuance of a learner's permit and driver's license once and also
take any knowledge test or tests required for any endorsement or
endorsements applied for which are taken at the same time.
[(B)] (II) The knowledge tests for such learner's permit, driver's
license or endorsements shall be available in both the English and Span-
ish language versions.
(iii) If an applicant FOR A COMMERCIAL DRIVER'S LICENSE fails [to
pass] the knowledge test required for issuance of a learner's permit [in
the number of times specified in subparagraph (i) or (ii) of this para-
graph] OR ANY ENDORSEMENT OR ENDORSEMENTS, a new application fee shall
be required.
S 5. Subparagraph (ii) of paragraph (b) of subdivision 2 of section
503 of the vehicle and traffic law, as amended by chapter 55 of the laws
of 1992, is amended to read as follows:
(ii) Upon [passage of the knowledge test required to obtain a
learner's permit] COMPLETION OF THE PRE-LICENSING COURSE REQUIRED PURSU-
ANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION FIVE HUNDRED TWO OF
THIS ARTICLE OR A DRIVER EDUCATION COURSE APPROVED BY THE STATE EDUCA-
TION DEPARTMENT AND THE COMMISSIONER IN A HIGH SCHOOL OR COLLEGE, the
applicant for a class C license which does not have an H, P or X
endorsement or a class E license shall be required to pay five dollars
for each six months or portion thereof of the period of validity of a
learner's permit or license which is or may be issued, and an applicant
for a class D, DJ, M or MJ license shall be required to pay two dollars
and fifty cents for each six months or portion thereof of the period of
validity of a learner's permit or license which is or may be issued. No
additional fee shall be required of any such applicant to take up to two
road tests. Such road test must be passed before a license will be
issued.
S 6. This act shall take effect on the ninetieth day after it shall
have become a law.
PART O
Section 1. Paragraph (e) of subdivision 3 of section 22-c of the state
finance law, as added by section 1 of part Z of chapter 62 of the laws
of 2006, subparagraph (vi) as amended by section 1 of part Q of chapter
61 of the laws of 2006, is amended to read as follows:
(e) A comprehensive financial report and plan for the dedicated high-
way and bridge trust fund established by section eighty-nine-b of this
chapter, which shall be submitted to the comptroller at the same time as
the plan is submitted to the legislature, and which shall include the
following information pertaining to the dedicated highway and bridge
trust fund separately stated for the last completed fiscal year, [the
completed quarters of] the current fiscal year and the next five fiscal
years UNLESS ANOTHER REPORT OR SUBMISSION DATE IS REQUIRED BY THIS
SECTION:
S. 59--A 29 A. 159--A
(i) a detailed description of all actual and projected revenues of the
dedicated highway and bridge trust fund, separately stating the amount
received or expected to be received from bond proceeds, and the amounts,
separately identified, received or expected to be received from taxes,
fees, transfers, or other sources;
(ii) a detailed description of [actual or proposed appropriations and
reappropriations from the dedicated highway and bridge trust fund, and
the] actual or planned disbursements [pursuant to such appropriations
and reappropriations] AND TRANSFERS FROM THE DEDICATED HIGHWAY AND
BRIDGE TRUST FUND, separately stating in the aggregate the amounts
[appropriated, reappropriated, and] disbursed OR TRANSFERRED OR PLANNED
TO BE DISBURSED OR TRANSFERRED for (A) debt service costs, (B) capital
project costs, (C) state operations costs, (D) costs of contracts for
engineering and similar or related services related to capital project
costs and state operations, and (E) the costs of state employees to
provide similar services on projects for which service contracts are not
expected to be used, and further separately stating the amounts of such
[debt service,] capital project and state operations costs [appropri-
ated, reappropriated, and] disbursed OR PLANNED TO BE DISBURSED for
personal service and non-personal service costs;
(iii) a detailed description of each capital project supported by the
dedicated highway and bridge trust fund for the completed prior year,
and the capital projects anticipated or available to be performed in
whole or in part in the next year including the information required by
paragraph (d) of this subdivision [together with the probable life of
the work as determined in accordance with section sixty-one of this
chapter]. SUCH DETAILED DESCRIPTION OF PROJECTS FUNDED OR TO BE FUNDED
BY THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND SHALL BE DEEMED SATISFIED
BY PROVIDING TO THE STATE COMPTROLLER THOSE REPORTS ON SUCH PROGRAMS AND
PROJECTS AS SHALL BE AGREED UPON BY THE GOVERNOR, THE MAJORITY LEADER OF
THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORTS SHALL BE
DELIVERED TO THE STATE COMPTROLLER IN SUCH FORM, AND AT SUCH TIMES, AS
REQUIRED BY SUCH AGREEMENT;
(iv) [for prior periods,] the bond coverage ratio on [a biennial] AN
ANNUAL basis, including the formula used to compute such ratio and the
source of that formula;
(v) an explanation of any deficit projected for the end of any fiscal
year covered by the plan stating whether the projected deficit is
expected to be caused by an imbalance between projected revenues and
projected expenditures, or by the timing of payments within a fiscal
year, or by other causes;
(vi) A DETAILED DESCRIPTION OF ACTUAL OR PROPOSED APPROPRIATIONS AND
REAPPROPRIATIONS FROM THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND, AND
THE ACTUAL OR PLANNED DISBURSEMENTS PURSUANT TO SUCH APPROPRIATIONS AND
REAPPROPRIATIONS;
(VII) an explanation of any actions proposed to be taken to achieve
increased opportunity for meaningful participation in the performance of
state contracts by minority and women-owned business enterprises in
accordance with article fifteen-A of the executive law, including a
compliance report to be submitted by July first of each year commencing
with the two thousand five--two thousand six fiscal year and for each
subsequent year thereafter that includes: all the items of information
required in accordance with regulations promulgated by the director of
the division of minority and women's business development in the depart-
ment of economic development under article fifteen-A of the executive
law; goals for participation by certified minority or women-owned busi-
S. 59--A 30 A. 159--A
ness enterprises for such fiscal year; and a description of the types of
expenditures, projects or contracts; and
[(vii)] (VIII) such other information as shall be necessary to present
a full and accurate description of the financial position of the dedi-
cated highway and bridge trust fund.
S 2. Subdivision 2 of section 24 of the state finance law, as amended
by section 3 of part Z of chapter 62 of the laws of 2006, is amended to
read as follows:
2. (a) On or after January first, nineteen hundred eighty-four, no
budget bill submitted by the governor may include any proposed appropri-
ation or reappropriation for any capital project which is not included
in the capital plan presented as part of the budget submitted pursuant
to section twenty-two of this article. Each proposed appropriation or
reappropriation for a capital project shall bear the capital plan
project reference number or numbers to which it shall pertain, and shall
be classified into the same category as the associated capital project
or projects have been classified in such capital plan. Reappropriations
of appropriations effective for fiscal years beginning prior to April
first, nineteen hundred eighty-four may be presented by the categories
of appropriation contained in the bill originally enacting such appro-
priation.
(b) On or after January first, two thousand [seven] TEN, any budget
bill submitted by the governor containing a proposed appropriation [or
reappropriation] from the dedicated highway and bridge trust fund shall
be itemized to show the following information for each such appropri-
ation [or reappropriation]:
(i) each amount appropriated [or reappropriated] from the dedicated
highway and bridge trust fund for capital purposes;
(ii) [the amount of each such appropriation or reappropriation to be
financed by pay-as-you-go moneys, as defined in paragraph (c) of subdi-
vision one of section twenty-two-c of this article;
(iii)] the amount of each such appropriation [or reappropriation] to
be used for personal service expenses; AND
[(iv)] (III) the amount of each such appropriation [or reappropri-
ation] to be used for non-personal service expenses[; and
(v) the citation of the statutory provision authorizing the use of the
dedicated highway and bridge trust fund for such capital project or
other purpose].
S 3. Subdivision 6 of section 89-b of the state finance law, as
amended by section 4 of part Z of chapter 62 of the laws of 2006, is
amended to read as follows:
6. All payments of moneys from the dedicated highway and bridge trust
fund shall be made on audit and warrant of the comptroller. Not later
than [ten] TWENTY days after the end of each calendar quarter, the comp-
troller shall submit to the director of the budget and the chairpersons
of the fiscal committees of the legislature a report showing the amount
of receipts identified as bond proceeds and the amounts, separately
identified, received from taxes, fees, transfers, or other sources, and
the amounts disbursed from the dedicated highway and bridge trust fund
for state operations, capital projects and transfers to other funds.
[Not later than thirty days after receiving such report, the director of
the budget shall submit to the comptroller and the chairpersons of the
fiscal committees of the legislature a detailed report identifying the
amount of the previous quarter's disbursements that will be financed
with state or public authority bond proceeds, taxes, fees, transfers, or
other available sources.]
S. 59--A 31 A. 159--A
S 4. This act shall take effect immediately.
PART P
Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003
amending the general business law and other laws relating to implement-
ing the state fiscal plan for the 2003-2004 state fiscal year, as
amended by section 1-b of part A of chapter 63 of the laws of 2005, is
amended to read as follows:
S 13. This act shall take effect immediately[; provided however that
sections one through nine of this act shall expire and be deemed
repealed on March 31, 2010; 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, 2010].
S 2. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART Q
Section 1. Section 39 of the agriculture and markets law, as amended
by chapter 189 of the laws of 2008, is amended to read as follows:
S 39. Penalties for violation of chapter or other laws. Every person
violating any of the provisions of this chapter, or of any other law the
enforcement of which is within the jurisdiction of the department shall,
except where other penalties are hereinafter prescribed, be subject to a
penalty in the sum of not more than [three hundred] ONE THOUSAND dollars
for the first violation, nor more than [six hundred] TWO THOUSAND
dollars for the second and each subsequent violation and provided
further, however, that for a violation of subdivision thirteen or
fifteen of section two hundred of this chapter, the minimum penalty
shall be five hundred dollars and the maximum penalty shall be one thou-
sand dollars and that for the second and subsequent offenses such person
may also be subject to an administrative order suspending the manufac-
ture and/or sale of such confectionery for a period of time up to three
months for each such violation. When such violation consists of the
manufacture or production of any prohibited article, each day during
which or any part of which such manufacture or production is carried on
or continued, shall be deemed a separate violation. When the violation
consists of the sale, or the offering or exposing for sale or exchange
of any prohibited article or substance, the sale of each one of several
packages shall constitute a separate violation, and each day on which
any such article or substance is offered or exposed for sale or exchange
shall constitute a separate violation. If the sale be of milk and it be
in cans, bottles or containers of any kind and if the milk in any one of
such containers be adulterated, it shall be deemed a violation whether
such vendor be selling all the milk in all of his containers to one
person or not. When the use of any such article or substance is prohib-
ited, each day during which or any part of which such article or
substance is so used or furnished for use, shall constitute a separate
violation, and the furnishing of the same for use to each person to whom
the same may be furnished shall constitute a separate violation. When
the storage of any article is prohibited beyond a certain period, each
day during which or any part of which any article is so stored beyond
the period provided for by this chapter, shall constitute a separate
violation. A right of action for the recovery of, or a liability for,
penalties incurred as provided in this chapter, or in any other law the
S. 59--A 32 A. 159--A
enforcement of which is within the jurisdiction of the department, may
be released, settled or compromised before the matter is referred to the
attorney general as provided in section forty-four of this article, and
thereafter may be released, settled or compromised by the attorney
general, either before or after an action is brought to recover such
penalties.
S 2. Section 40 of the agriculture and markets law, as amended by
chapter 55 of the laws of 1992, is amended to read as follows:
S 40. Penalty for violation of rule or order. [1.] Every person,
association or corporation and all agents, officers and employees there-
of, shall obey every order made as provided in this chapter, so long as
such order shall be in force. A person, association or corporation who
shall fail by himself, itself or through his or its agents, officers and
employees, to obey any order of the commissioner, or who shall violate
any rule of the department shall be subject to a penalty not exceeding
the sum of [two hundred] ONE THOUSAND dollars for each and every first
offense, and a penalty not exceeding the sum of [four hundred] TWO THOU-
SAND dollars for a second and each subsequent offense. Every violation
of such order, or of the rules of the department, shall be a separate
and distinct offense, and in case of a continuing violation, every day's
continuance thereof shall be a separate and distinct offense.
S 3. This act shall take effect immediately.
PART R
Section 1. Section 159-i of the executive law, as amended by section
1 of part R of chapter 59 of the laws of 2008, is amended to read as
follows:
S 159-i. Distribution of funds. For federal fiscal year two thousand
[nine] TEN at least ninety percent of the community services block grant
funds received by the state shall be distributed pursuant to a contract
by the secretary to grantees as defined in subdivision one of section
one hundred fifty-nine-e of this article. Each such grantee shall
receive the same proportion of community services block grant funds as
was the proportion of funds received in federal fiscal year nineteen
hundred eighty-one by such grantee under the federal community services
administration program account numbers 01 and 05 pursuant to section two
hundred twenty-one of title II and for migrant and seasonal farm worker
organizations pursuant to section two hundred twenty-two of title II of
the economic opportunity act of 1964, as amended, as compared to the
total amount received by all grantees in the state, under the federal
community services administration program account numbers 01 and 05
pursuant to section two hundred twenty-one of title II and for migrant
and seasonal farm worker organizations pursuant to section two hundred
twenty-two of title II of such act in federal fiscal year nineteen
hundred eighty-one.
For federal fiscal year two thousand [nine] TEN the secretary shall,
pursuant to section one hundred fifty-nine-h of this article, retain not
more than five percent of the community services block grant funds for
administration at the state level.
For federal fiscal year two thousand [nine] TEN the remainder of the
community services block grant funds received by the state shall be
distributed pursuant to a contract by the secretary in the following
order of preference: a sum of up to one-half of one percent of the
community services block grant funds received by the state to Indian
tribes and tribal organizations as defined in this article, on the basis
S. 59--A 33 A. 159--A
of need; community action agencies established in federal fiscal year
nineteen hundred eighty-three; counties which do not have a community
action agency in existence and seek to establish an organization which
is consistent with the objectives of an eligible entity; limited purpose
agencies which had received funding during federal fiscal year nineteen
hundred eighty-one under section two hundred twenty-one, section two
hundred twenty-two(a)(4) or section two hundred thirty-two of title II
of the economic opportunity act of 1964, as amended; and community based
organizations.
S 2. Section 5 of chapter 728 of the laws of 1982, amending the execu-
tive law relating to the community services block grant program, as
amended by section 2 of part R of chapter 59 of the laws of 2008, is
amended to read as follows:
S 5. This act shall take effect immediately provided, however, that
section four hereof shall take effect October 1, 1982 and provided
further, however, that the provisions of sections two, three and four of
this act shall be in full force and effect only until September 30, 1983
and section one of this act shall be in full force and effect until
September 30, [2009] 2010, provided, however, that the distribution of
funds pursuant to section 159-i of the executive law shall be limited to
the federal fiscal year expressly set forth in such section.
S 3. Section 7 of chapter 710 of the laws of 1983, amending the execu-
tive law relating to the community services block grant program, as
amended by section 3 of part R of chapter 59 of the laws of 2008, is
amended to read as follows:
S 7. This act shall take effect September 30, 1983 and shall be in
full force and effect only until September 30, [2009] 2010 at which time
the amendments and additions made pursuant to the provisions of this act
shall be deemed to be repealed, provided, however, that the distribution
of funds pursuant to section 159-i of the executive law shall be limited
to the federal fiscal year expressly set forth in such section.
S 4. This act shall take effect September 30, 2009; provided, however,
that the amendments to section 159-i of the executive law made by
section one of this act shall not affect the expiration of such section
as provided in section 5 of chapter 728 of the laws of 1982, as amended,
and section 7 of chapter 710 of the laws of 1983, as amended, and shall
be deemed to expire therewith.
PART S
Section 1. Subdivision 3 of section 409 of the general business law,
as amended by section 9 of part B of chapter 411 of the laws of 1999, is
amended to read as follows:
3. The secretary shall receive a non-refundable examination fee of
[fifteen] SEVENTY-FIVE dollars from each person who takes a written OR
PRACTICAL examination pursuant to this article. Fees collected pursuant
to this article shall be deposited to the credit of the business and
licensing services account established pursuant to the provisions of
section ninety-seven-y of the state finance law.
S 2. Subdivision 5 of section 69-o of the general business law, as
amended by chapter 575 of the laws of 1993, is amended to read as
follows:
5. There shall be an examination fee of [fifteen] SEVENTY-FIVE
dollars.
S. 59--A 34 A. 159--A
S 3. Subdivision 2 of section 69-r of the general business law, as
amended by chapter 575 of the laws of 1993, is amended to read as
follows:
2. The fee for taking an examination under this article shall be
[fifteen] SEVENTY-FIVE dollars; provided, however, that if the applicant
qualifies for a license as the result of such examination, the fee paid
for the privilege of taking such examination shall be included in the
license fee for the license issued to him thereon.
S 4. Paragraph b of subdivision 1 of section 160-f of the executive
law, as amended by chapter 397 of the laws of 1991, is amended to read
as follows:
b. An examination fee of [fifty dollars] SUCH REASONABLE AMOUNT AS THE
SECRETARY OF STATE SHALL PRESCRIBE.
S 5. Subdivision 3 of section 440 of the general business law, as
amended by chapter 61 of the laws of 1989, is amended to read as
follows:
3. The fee for taking a written or practical examination under this
article shall be [fifteen] SEVENTY-FIVE dollars.
S 6. Subdivision 1 of section 797 of the general business law, as
added by chapter 599 of the laws of 1998, is amended to read as follows:
1. a nonrefundable fee of [fifty] SEVENTY-FIVE dollars from each
person who takes the required examination or any component thereof
pursuant to this article;
S 7. Subdivision 2 of section 444-f of the real property law, as
amended by chapter 225 of the laws of 2005, is amended to read as
follows:
2. The secretary shall collect a fee of two hundred fifty dollars for
the first application for a license and the license as a home inspector.
The secretary shall collect a fee of one hundred dollars to renew a home
inspector license. The secretary shall collect an examination fee of
[fifty] SEVENTY-FIVE dollars. All fees and any fines imposed by the
secretary pursuant to this article shall be deposited in the business
and licensing services account established pursuant to section ninety-
seven-y of the state finance law.
S 8. Paragraph (c) of subdivision 1 of section 74 of the general busi-
ness law, as amended by chapter 562 of the laws of 2000, is amended to
read as follows:
(c) The secretary of state shall receive a non-refundable examination
fee of [fifteen] SEVENTY-FIVE dollars from each person who takes an
examination to qualify for application for licensure pursuant to this
article. Fees paid to the department of state pursuant to this article
shall be deposited in the business and licensing services account estab-
lished pursuant to section ninety-seven-y of the state finance law.
S 9. Subdivision 12 of section 131 of the executive law is REPEALED
and a new subdivision 12 is added to read as follows:
12. THE SECRETARY OF STATE SHALL RECEIVE A NON-REFUNDABLE EXAMINATION
FEE OF SEVENTY-FIVE DOLLARS FROM EACH PERSON WHO TAKES AN EXAMINATION TO
QUALIFY FOR APPLICATION FOR A COMMISSION AS A NOTARY PUBLIC PURSUANT TO
THIS ARTICLE.
S 10. Subdivision 1-A of section 441-b of the real property law, as
amended by section 12 of part B of chapter 411 of the laws of 1999, is
amended to read as follows:
1-A. The fee for a person to take an examination offered by the secre-
tary of state pursuant to this article shall be [fifteen dollars] SEVEN-
TY-FIVE DOLLARS FOR REAL ESTATE SALESPERSONS AND ONE HUNDRED TWENTY-FIVE
DOLLARS FOR REAL ESTATE BROKERS AND ASSOCIATE BROKERS. Fees collected by
S. 59--A 35 A. 159--A
the department of state pursuant to this article shall be deposited to
the credit of the business and licensing services account established
pursuant to section ninety-seven-y of the state finance law.
S 11. This act shall take effect immediately.
PART T
Section 1. Section 1421 of the tax law, as amended by chapter 258 of
the laws of 2007, is amended to read as follows:
S 1421. Deposit and dispositions of revenues. From the taxes, interest
and penalties attributable to the tax imposed pursuant to section four-
teen hundred two of this article, the amount of thirty-three and one-
half million dollars shall be deposited by the comptroller in the envi-
ronmental protection fund established pursuant to section ninety-two-s
of the state finance law for the fiscal year beginning April first,
nineteen hundred ninety-five; the amount of eighty-seven million dollars
shall be deposited in such fund for the fiscal years beginning April
first, nineteen hundred ninety-six and nineteen hundred ninety-seven;
the amount of one hundred twelve million dollars shall be deposited in
such fund for the fiscal years beginning April first, nineteen hundred
ninety-eight, nineteen hundred ninety-nine, two thousand, two thousand
one, two thousand two, two thousand three, two thousand four and two
thousand five; the amount of one hundred thirty-seven million dollars
shall be deposited in such fund for the fiscal year beginning April
first, two thousand six; the amount of two hundred twelve million
dollars shall be deposited in such fund for the fiscal year beginning
April first, two thousand seven; the amount of two hundred thirty-seven
million dollars shall be deposited in such fund for the fiscal year
beginning April first, two thousand eight; and the amount of [two
hundred eighty-seven] EIGHTY million dollars shall be deposited in such
fund for the fiscal year beginning April first, two thousand nine and
for each fiscal year thereafter; provided however that at the direction
of the director of the budget, an additional amount of up to twenty-five
million dollars may be deposited in such fund for the fiscal year begin-
ning April first, two thousand seven and ending March thirty-first, two
thousand eight, for disposition as provided under such section. On or
before June twelfth, nineteen hundred ninety-five and on or before the
twelfth day of each month thereafter (excepting the first and second
months of each fiscal year), the comptroller shall deposit into such
fund from the taxes, interest and penalties collected pursuant to such
section fourteen hundred two of this article which have been deposited
and remain to the comptroller's credit in the banks, banking houses or
trust companies referred to in section one hundred seventy-one-a of this
chapter at the close of business on the last day of the preceding month,
an amount equal to one-tenth of the annual amount required to be depos-
ited in such fund pursuant to this section for the fiscal year in which
such deposit is required to be made. In the event such amount of taxes,
interest and penalties so remaining to the comptroller's credit is less
than the amount required to be deposited in such fund by the comp-
troller, an amount equal to the shortfall shall be deposited in such
fund by the comptroller with subsequent deposits, as soon as the revenue
is available. Beginning April first, nineteen hundred ninety-seven, the
comptroller shall transfer monthly to the clean water/clean air fund
established pursuant to section ninety-seven-bbb of the state finance
law, all moneys remaining from such taxes, interest and penalties
S. 59--A 36 A. 159--A
collected that are not required for deposit in the environmental
protection fund.
S 2. This act shall take effect immediately.
PART U
Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the New York state
energy research and development authority.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART V
Section 1. The racing, pari-mutuel wagering and breeding law is
amended by adding a new section 112 to read as follows:
S 112. FEE FOR THE ENTRY OF A HORSE IN NEW YORK STATE PARI-MUTUEL
RACES. 1. IN ORDER TO PROVIDE SUPPLEMENTAL FUNDING TO SUPPORT THE OPER-
ATIONS OF THE STATE RACING AND WAGERING BOARD, A FEE IN THE AMOUNT OF
TEN DOLLARS PER HORSE ENTERED IN A PARI-MUTUEL RACE IN NEW YORK STATE
SHALL BE ASSESSED AND PAID. THE STATE RACING AND WAGERING BOARD SHALL,
AS A CONDITION OF RACING, REQUIRE ANY CORPORATION AUTHORIZED UNDER THIS
CHAPTER TO CONDUCT PARI-MUTUEL BETTING AT A RACE MEETING OR RACES RUN
THEREAT, TO REQUIRE THAT EACH OWNER RACING A HORSE SHALL HAVE PLACED ON
DEPOSIT AT THE TIME OF ENTRY WITH THE HORSEMEN'S BOOKKEEPER OR SIMILAR
OFFICE OF SUCH CORPORATION THE REQUIRED FEE IN THE AMOUNT OF TEN DOLLARS
PER HORSE ENTERED IN A PARI-MUTUEL RACE. ALL AMOUNTS COLLECTED BY THE
HORSEMEN'S BOOKKEEPER OR SIMILAR OFFICE OF SUCH CORPORATIONS SHALL BE
PAID TO THE RACING AND WAGERING BOARD BY SUCH CORPORATIONS ON THE FIRST
BUSINESS DAY OF EACH MONTH AND SHALL INCLUDE ALL FEES FOR THE IMMEDIATE
PRIOR MONTH. PAYMENT SHALL BE ACCOMPANIED BY A REPORT, UNDER OATH, SHOW-
ING SUCH INFORMATION AS THE BOARD MAY REQUIRE. A PENALTY OF FIVE
PERCENT, AND INTEREST AT THE RATE OF ONE PERCENT PER MONTH FROM THE DATE
THE REPORT IS REQUIRED TO BE FILED TO THE DATE OF THE PAYMENT OF THE
FEE, SHALL BE PAYABLE IN CASE ANY FEE IMPOSED BY THIS SUBDIVISION IS NOT
PAID WHEN DUE. IF THE BOARD DETERMINES THAT ANY FEES RECEIVED BY IT
UNDER THIS SUBDIVISION WERE PAID IN ERROR, THE BOARD MAY CAUSE THE SAME
TO BE REFUNDED WITHOUT INTEREST OUT OF ANY MONIES COLLECTED HEREUNDER,
PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE BOARD WITHIN ONE YEAR
FROM THE TIME THE ERRONEOUS PAYMENT IS MADE.
2. THE BOARD OR ITS DULY AUTHORIZED REPRESENTATIVES SHALL HAVE THE
POWER TO EXAMINE OR CAUSE TO BE EXAMINED THE BOOKS AND RECORDS OF SUCH
CORPORATIONS REQUIRED TO PAY OVER THE FEE IMPOSED BY THIS SUBDIVISION
FOR THE PURPOSE OF EXAMINING AND CHECKING THE SAME AND ASCERTAINING
WHETHER THE PROPER AMOUNT OR AMOUNTS DUE ARE BEING PAID. IF IN THE OPIN-
ION OF THE BOARD, AFTER SUCH EXAMINATION, ANY SUCH REPORT IS INCORRECT,
THE BOARD IS AUTHORIZED TO ISSUE AN ASSESSMENT FIXING THE CORRECT AMOUNT
OF SUCH FEE. SUCH ASSESSMENTS MAY BE ISSUED WITHIN THREE YEARS FROM THE
FILING OF ANY REPORT. ANY SUCH ASSESSMENT SHALL BE FINAL AND CONCLUSIVE
UNLESS AN APPLICATION FOR A HEARING IS FILED BY THE REPORTING ENTITY
WITHIN THIRTY DAYS OF THE ASSESSMENT. THE ACTION OF THE BOARD IN MAKING
SUCH FINAL ASSESSMENT SHALL BE REVIEWABLE IN THE SUPREME COURT IN THE
MANNER PROVIDED BY AND SUBJECT TO THE PROVISIONS OF ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
S. 59--A 37 A. 159--A
3. THE RACING AND WAGERING BOARD SHALL PAY INTO THE RACING REGULATION
ACCOUNT, UNDER THE JOINT CUSTODY OF THE COMPTROLLER AND THE BOARD, THE
TOTAL AMOUNT OF THE FEES COLLECTED PURSUANT TO THIS SUBDIVISION. WITH
THE APPROVAL OF THE DIRECTOR OF THE BUDGET, MONIES TO BE UTILIZED TO PAY
THE COSTS AND EXPENSES OF THE OPERATIONS OF THE STATE RACING AND WAGER-
ING BOARD SHALL BE PAID OUT OF SUCH ACCOUNT ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS, CERTIFIED AND APPROVED BY THE DIRECTOR OF
THE DIVISION OF THE BUDGET OR HIS OR HER DULY DESIGNATED OFFICIAL.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
PART W
Section 1. Paragraph 1 of subsection (c) of section 109 of the insur-
ance law is amended to read as follows:
(1) If the superintendent finds after notice and hearing that any
authorized insurer, representative of [such] THE insurer, licensed
insurance agent, licensed insurance broker [or], licensed adjuster, OR
ANY OTHER PERSON OR ENTITY LICENSED, CERTIFIED, REGISTERED, OR AUTHOR-
IZED PURSUANT TO THIS CHAPTER, has wilfully violated the provisions of
this chapter[, he] OR ANY REGULATION PROMULGATED THEREUNDER, THEN THE
SUPERINTENDENT may order [such insurer, representative, agent, broker,
or adjuster, as the case may be,] THE PERSON OR ENTITY, EXCEPT FOR THOSE
PERSONS OR ENTITIES LICENSED PURSUANT TO ARTICLES TWENTY-ONE OR
SIXTY-EIGHT OF THIS CHAPTER, to pay to the people of this state a penal-
ty in a sum not exceeding [five hundred] TEN THOUSAND dollars for each
[such] offense. THE SUPERINTENDENT MAY ORDER ANY PERSON OR ENTITY
LICENSED PURSUANT TO ARTICLES TWENTY-ONE OR SIXTY-EIGHT OF THIS CHAPTER
TO PAY TO THE PEOPLE OF THIS STATE A PENALTY IN A SUM NOT EXCEEDING TWO
THOUSAND FIVE HUNDRED DOLLARS FOR EACH OFFENSE.
S 2. Subsection (b) of section 304 of the insurance law, as amended by
chapter 635 of the laws of 1996, is amended to read as follows:
(b) The person conducting such hearing shall have power to administer
oaths, examine and cross-examine witnesses and receive documentary
evidence, and shall report his OR HER findings, orally or in writing, to
the superintendent with or without recommendation. [Such] THE report,
if adopted by the superintendent or by [his] THE SUPERINTENDENT'S
authority may be the basis of any determination made by the superinten-
dent or by [his] THE SUPERINTENDENT'S authority. One hundred twenty days
after the effective date of a determination of liability for a civil
penalty pursuant to [section four hundred three, two thousand one
hundred two or two thousand one hundred thirty-three of] this chapter,
[such] THE determination of liability for a civil penalty may be entered
as a judgment and enforced, without court proceedings, in the same
manner as the enforcement of a money judgment in civil actions in any
court of competent jurisdiction or any other place provided for the
entry of civil judgment within the state of New York.
S 3. Section 304 of the insurance law is amended by adding a new
subsection (f) to read as follows:
(F) THE SUPERINTENDENT MAY IMPOSE A PENALTY AFTER NOTICE AND A HEARING
WHENEVER ANY PROVISION OF THIS CHAPTER SETS FORTH A CIVIL PENALTY.
S 4. Paragraph 4 of subsection (a) of section 307 of the insurance law
is amended to read as follows:
(4) Every insurer and every fraternal benefit society [which] THAT is
authorized to do an insurance business in this state, and every pension
fund, retirement system or state fund [which] THAT is required by any
S. 59--A 38 A. 159--A
law of this state to report to the superintendent, [which] THAT willful-
ly fails to file an annual statement as required in this section, or
willfully fails to reply within thirty days to a written inquiry by the
superintendent in connection therewith, shall, in addition to other
penalties provided by this chapter, be subject, upon due notice and
opportunity to be heard, to a penalty of up to [two hundred fifty] ONE
THOUSAND dollars per day of delay[, not to exceed twenty-five thousand
dollars in the aggregate,] for each such failure.
S 5. Subsection (a) of section 308 of the insurance law, as amended by
chapter 11 of the laws of 2008, is amended to read as follows:
(a) The superintendent may also address to any health maintenance
organization, any authorized insurer or rate service organization, or
officers thereof, any inquiry in relation to its transactions or condi-
tion or any matter connected therewith. Every corporation or person so
addressed shall reply in writing to [such] THE inquiry promptly and
truthfully, and [such] THE reply shall be, if required by the super-
intendent, subscribed by [such] THE individual, or by [such] THE officer
or officers of a corporation, as [he] THE INDIVIDUAL shall designate,
and affirmed by them as true under the penalties of perjury. In the
event any corporation or person does not provide a good faith response
to an inquiry from the superintendent pursuant to this section [relating
to accident insurance, health insurance, accident and health insurance
or health maintenance organization coverage], within a time period spec-
ified by the superintendent of not less than fifteen business days, the
superintendent is authorized to levy a civil penalty, after notice and
hearing, against such corporation or person not to exceed [five hundred]
ONE THOUSAND dollars per day for each day beyond the date specified by
the superintendent for response[, but in no event shall such penalty
exceed seven thousand five hundred dollars].
S 6. Section 317 of the insurance law, as amended by chapter 509 of
the laws of 1998, is amended to read as follows:
S 317. Compliance with reporting requirements of the financial securi-
ty act. Insurers licensed to write personal injury liability insurance
in connection with the ownership, maintenance or use of motor vehicles,
as authorized pursuant to paragraph thirteen of subsection (a) of
section one thousand one hundred thirteen of this chapter, shall fully
comply with the reporting requirements of article six of the vehicle and
traffic law. In the event that an insurer fails to timely and properly
report any of the information required by [such] THE article or the
regulations of the commissioner of motor vehicles promulgated there-
under, the superintendent, upon notice and an opportunity to be heard,
is authorized to impose a fine on [such] THE insurer in an amount not to
exceed [five hundred] ONE THOUSAND dollars for each failure to timely
and properly report. In the event of a persistent and willful violation
of the reporting requirements, the superintendent, upon notice and an
opportunity to be heard, is authorized to impose a fine on [such] THE
insurer, in an amount not to exceed [five] TEN thousand dollars per day
for each day [such] THAT THE violation continues.
S 7. Subsection (a) of section 1102 of the insurance law is amended to
read as follows:
(a) No person, firm, association, corporation or joint-stock company
shall do an insurance business in this state unless authorized by a
license in force pursuant to the provisions of this chapter, or exempted
by the provisions of this chapter from such requirement. Any person,
firm, association, corporation or joint-stock company [which] THAT tran-
sacts any insurance business in this state while not authorized to do so
S. 59--A 39 A. 159--A
by a license issued and in force pursuant to this chapter, or exempted
by this chapter from the requirement of having such license, shall, in
addition to any other penalty provided by law, forfeit to the people of
this state [the] A sum [of one] NOT EXCEEDING TEN thousand dollars for
the first violation and [two] TWENTY-FIVE thousand [five hundred]
dollars for each subsequent violation.
S 8. Paragraph 4 of subsection (a) of section 1510 of the insurance
law, as amended by chapter 805 of the laws of 1984, is amended to read
as follows:
(4) direct that, in addition to any other penalty provided by law,
such person forfeit to the people of this state a sum not exceeding five
[hundred] THOUSAND dollars for a first violation and [two] TWELVE thou-
sand five hundred dollars for any subsequent violation. An additional
sum not exceeding [two] TWELVE thousand five hundred dollars shall be
imposed for each month during which any such violation shall continue.
S 9. Paragraph 2 of subsection (a) of section 2102 of the insurance
law is amended to read as follows:
(2) Any person, firm, association or corporation who or [which] THAT
acts [as a reinsurance intermediary] WITHOUT A LICENSE in violation of
paragraph one [hereof] OF THIS SUBSECTION, OR OF SUBSECTION (B) OR (C)
OF THIS SECTION, shall, in addition to other penalties prescribed by
law, be subject to a penalty not to exceed [five] TEN thousand dollars
for each transaction.
S 10. Paragraph 9 of subsection (a) of section 2110 of the insurance
law, as amended by chapter 687 of the laws of 2003, is amended to read
as follows:
(9) had an insurance producer license, or its equivalent, denied,
suspended or revoked in any other [state, province, district or territo-
ry] JURISDICTION;
S 11. Paragraph 1 of subsection (e) of section 2110 of the insurance
law, as amended by chapter 687 of the laws of 2003, is amended to read
as follows:
(1) No individual, corporation, firm or association whose license as
an insurance producer or other licensee subject to subsection (a) of
this section has been revoked, and no firm or association of which
[such] THE individual is a member, and no corporation of which [such]
THE individual is an officer or director, shall be entitled to obtain
any license under the provisions of this chapter for a period of [one
year] THREE YEARS after [such] THE revocation, or, if [such] THE revo-
cation [be] IS judicially reviewed, for [one year] THREE YEARS after the
final determination thereof affirming the action of the superintendent
in revoking [such] THE license.
S 12. Subsection (g) of section 2117 of the insurance law is amended
to read as follows:
(g) Any person, firm, association or corporation violating any
provision of this section shall, in addition to any other penalty
provided by law, forfeit to the people of the state [the] A sum [of five
hundred] NOT EXCEEDING TEN THOUSAND dollars for the first offense, and
[an additional sum of five hundred] TEN THOUSAND dollars for each [month
during which any such person, firm, association or corporation shall
continue to act in violation of this section] SUBSEQUENT OFFENSE.
S 13. Subsection (a) of section 2127 of the insurance law is amended
to read as follows:
(a) The superintendent, in lieu of revoking or suspending the license
of a licensee in accordance with the provisions of this article, may in
any one proceeding by order, require the licensee to pay to the people
S. 59--A 40 A. 159--A
of this state a penalty in a sum not exceeding TWO THOUSAND five hundred
dollars for each offense, and a penalty in a sum not exceeding [twenty-
five hundred] FIVE THOUSAND dollars in the aggregate for all offenses.
S 14. Subsection (c) of section 2320 of the insurance law is amended
to read as follows:
(c) If the superintendent, after notice and hearing, finds that any
insurer, rate service organization or other person has violated the
applicable provisions of this article, [he] THE SUPERINTENDENT shall
order the payment of a penalty. The issuance, procurement or negotiation
of a single policy of insurance shall be deemed a separate offense. A
penalty not to exceed [one] FIVE thousand dollars may be imposed for
each such offense. A further penalty not to exceed [two] TEN thousand
[five hundred] dollars may be imposed for each offense in which the
superintendent finds that there was a knowing violation, provided that a
[minumum] MINIMUM penalty of at least [twenty-five] FIFTY thousand
dollars shall be imposed regardless of the number of [such] knowing
offenses.
S 15. Subsection (e) of section 2321 of the insurance law is amended
to read as follows:
(e) Any person, association, corporation or rate service organization
wilfully violating the applicable provisions of this article shall, in
addition to any other penalty provided by law, be liable to the people
of this state for a penalty in an amount not less than [twenty-five] ONE
HUNDRED dollars nor more than [one] FIVE thousand dollars for each
offense. If the superintendent finds after notice and hearing, that any
authorized insurer, licensed agent or licensed insurance broker has
wilfully violated any of the provisions of this article, [he] THE SUPER-
INTENDENT may, in lieu of any other penalty provided by law, order the
insurer, agent or broker, as the case may be, to pay to the people of
this state a penalty in the sum of one [hundred] THOUSAND dollars, for
each offense, and the failure of any [such] person to pay the penalty
within thirty days after the making of the order, unless the order is
suspended by a court of competent jurisdiction, shall constitute a
violation of the provisions of this chapter. Within the meaning of this
subsection, the issuance, procurement or negotiation of each policy of
insurance, by an insurer, agent or broker, as the case may be, in will-
ful violation of the provisions of this article shall be deemed a sepa-
rate offense.
S 16. Subsection (f) of section 2324 of the insurance law is amended
to read as follows:
(f) Any person or corporation violating the provisions of this section
shall, in addition to all other penalties provided by law, pay to the
people of this state as a penalty [the] A sum [of] NOT EXCEEDING five
[hundred] THOUSAND dollars for each [such] violation.
S 17. Subsection (b) of section 2402 of the insurance law, as amended
by chapter 631 of the laws of 2007, is amended to read as follows:
(b) "Defined violation" means the commission by a person of an act
prohibited by[: section one thousand two hundred fourteen, one thousand
two hundred seventeen, one thousand two hundred twenty, one thousand
three hundred thirteen, subparagraph (B) of paragraph two of subsection
(i) of section one thousand three hundred twenty-two, subparagraph (B)
of paragraph two of subsection (i) of section one thousand three hundred
twenty-four, two thousand one hundred twenty-two, two thousand one
hundred twenty-three, subsection (p) of section two thousand three
hundred thirteen, section two thousand three hundred twenty-four, two
thousand five hundred two, two thousand five hundred three, two thousand
S. 59--A 41 A. 159--A
five hundred four, two thousand six hundred one, two thousand six
hundred two, two thousand six hundred three, two thousand six hundred
four, two thousand six hundred six, two thousand seven hundred three,
three thousand one hundred nine, three thousand two hundred
twenty-four-a, three thousand four hundred twenty-nine, three thousand
four hundred thirty-three, paragraph seven of subsection (e) of section
three thousand four hundred twenty-six, four thousand two hundred twen-
ty-four, four thousand two hundred twenty-five or four thousand two
hundred twenty-six of] this chapter[;] or BY ANY REGULATION PROMULGATED
THEREUNDER, OR section 135.60, 135.65, 175.05, 175.45, or 190.20, or
article one hundred five of the penal law.
S 18. Section 2404 of the insurance law, as amended by chapter 666 of
the laws of 1997, is amended to read as follows:
S 2404. Power of superintendent. The superintendent is empowered to
examine and investigate into the affairs of any person in order to
determine whether the person has violated or is violating section two
thousand four hundred three of this article. In the event any person
does not provide a good faith response to a request for information from
the superintendent, within a time period specified by the superintendent
of not less than fifteen business days, [as part of an examination or
investigation initiated by the superintendent pursuant to this section
relating to accident insurance, health insurance, accident and health
insurance or health maintenance organization coverage,] the superinten-
dent is authorized, after notice and hearing, to levy a civil penalty
against [such] THE person in an amount not to exceed [five hundred] ONE
THOUSAND dollars per day for each day beyond the date specified by the
superintendent for response[, but in no event shall such penalty exceed
ten thousand dollars. In the event the superintendent levies five sepa-
rate civil penalties against any one person within five years for fail-
ure to comply with this section, the superintendent is authorized, after
notice and hearing, to levy an additional civil penalty against such
person in an amount not to exceed fifty thousand dollars. The super-
intendent is also authorized to levy additional civil penalties not to
exceed fifty thousand dollars, after notice and hearing, against such
person for every five subsequent violations of this section within a
five year period]. Any person licensed pursuant to article twenty-one of
this chapter may surrender such license in lieu of payment of any civil
penalty imposed by the superintendent pursuant to this section.
S 19. Section 2406 of the insurance law, subsection (a) as amended by
chapter 666 of the laws of 1997, is amended to read as follows:
S 2406. Procedure after report; defined violation. (a) If the hearing
was on a charge of a defined violation, THEN the superintendent shall
make an order on [his] THE SUPERINTENDENT'S report and serve a copy of
the findings and order upon the person charged with the violation and
any intervenor. If the superintendent finds that the person complained
of has engaged in a defined violation, THEN the order shall require the
person to cease and desist from engaging in [such] THE defined
violation. [Furthermore, if the superintendent finds, after notice and
hearing, that the person complained of has engaged in an act prohibited
by section three thousand two hundred twenty-four-a of this chapter, the
superintendent is authorized to levy a civil penalty against such person
in an amount up to five hundred dollars per day for each day beyond the
date that a bill or claim was to be processed in accordance with section
three thousand two hundred twenty-four-a of this chapter, but in no
event shall such penalty exceed five thousand dollars.]
S. 59--A 42 A. 159--A
(B) (1) THE SUPERINTENDENT MAY ISSUE AN EMERGENCY CEASE AND DESIST
ORDER UNDER THIS SECTION WITHOUT PRIOR NOTICE AND HEARING IF THE SUPER-
INTENDENT FINDS THAT A PERSON IS ENGAGING IN UNLICENSED ACTIVITIES OR IN
CONDUCT THAT CREATES AN IMMEDIATE DANGER TO THE PUBLIC SAFETY, OR IS
CAUSING, OR IS REASONABLY EXPECTED TO CAUSE, SIGNIFICANT, IMMINENT, AND
IRREPARABLE PUBLIC INJURY.
(2) AN EMERGENCY CEASE AND DESIST ORDER UNDER THIS SECTION IS EFFEC-
TIVE IMMEDIATELY, AND WILL CONTINUE IN FULL FORCE AND EFFECT UNTIL
FURTHER ORDER BY THE SUPERINTENDENT, OR UNLESS STAYED BY THE SUPERINTEN-
DENT OR BY A COURT OF COMPETENT JURISDICTION.
(3) UPON ISSUANCE OF AN EMERGENCY CEASE AND DESIST ORDER UNDER THIS
SECTION, THE SUPERINTENDENT SHALL SERVE ON THE PERSON AFFECTED BY THE
ORDER, BY REGISTERED OR CERTIFIED MAIL TO THE PERSON'S LAST KNOWN
ADDRESS, AN ORDER THAT SETS FORTH A STATEMENT OF THE CHARGES AND A
NOTICE OF HEARING. THE SUPERINTENDENT SHALL HOLD THE HEARING WITHIN TEN
DAYS OF THE EFFECTIVE DATE OF THE EMERGENCY ORDER, UNLESS ALL PARTIES
AGREE UPON A LATER TIME.
(4) AT THE HEARING, THE SUPERINTENDENT SHALL AFFIRM, MODIFY, OR SET
ASIDE, IN WHOLE OR IN PART, THE EMERGENCY CEASE AND DESIST ORDER, AND
MAY COMBINE AND EMPLOY ANY OTHER ENFORCEMENT OR PENALTY PROVISIONS
AVAILABLE TO THE SUPERINTENDENT TO ARRIVE AT A FINAL ORDER.
(5) THE SUPERINTENDENT'S ORDER AFTER HEARING IS A FINAL ORDER IN ALL
RESPECTS.
[(b)] (C) Until a proceeding for judicial review has been commenced,
or the time to commence the proceeding has expired, the superintendent
may, upon notice and in the manner [he] THAT THE SUPERINTENDENT deems
proper, modify or set aside all or part of any order issued by [him] THE
SUPERINTENDENT under this section.
[(c)] (D) If a proceeding for judicial review has not been commenced
within the time allowed, the superintendent may, after notice and oppor-
tunity for hearing, modify or set aside, all or part, of any order
issued by [him] THE SUPERINTENDENT under this section, whenever in [his]
THE SUPERINTENDENT'S opinion changed conditions of fact or law or the
public interest require.
[(d)] (E) A cease and desist order issued under this section is final
upon the expiration of the time allowed for commencing a proceeding for
judicial review if no proceeding has been commenced within such time, or
upon the final decision of the court affirming the order or dismissing
the proceeding.
[(e)] (F) Any person who violates a cease and desist order issued by
the superintendent under this section after it has become final, and
while it is in effect, shall be liable to the people of this state for a
penalty in an amount not to exceed [five] TEN thousand dollars for each
violation. In determining the amount of the penalty, the question of
whether the violation was wilful shall be taken into consideration.
Nothing herein shall limit a court in enforcing its own orders.
S 20. Section 2605 of the insurance law is amended to read as follows:
S 2605. Penalty for violating workers' compensation law. The super-
intendent may impose a penalty not to exceed [twenty-five hundred] TEN
THOUSAND dollars upon any insurer required to be licensed under the
provisions of this chapter, if, after notice to and a hearing of [such]
THE insurer, [he] THE SUPERINTENDENT finds [it] THAT THE INSURER has
unreasonably failed to comply with the workers' compensation law.
S 21. Subsection (j) of section 2615 of the insurance law, as added by
chapter 497 of the laws of 1996 and renumbered by chapter 246 of the
laws of 2005, is amended to read as follows:
S. 59--A 43 A. 159--A
(j) If the superintendent determines after notice and a hearing that
an authorized insurer or a person acting on behalf of an authorized
insurer has violated this section, then the superintendent shall levy a
fine OF up to five thousand dollars. [Also, any authorized insurer or
person acting on behalf of an authorized insurer who violates the
provisions of this section shall be subject to the provisions of article
twenty-four of this chapter. Violations of this section shall also be
subject to the provisions of section one hundred nine of this chapter,
except paragraph one of subsection (c) of such section.]
S 22. Subsection (k) of section 3216 of the insurance law, as amended
by chapter 13 of the laws of 2002, is amended to read as follows:
(k) Any person, partnership or corporation willfully violating any
provision of this section, regulation or order of the superintendent
made in accordance with this section, shall forfeit to the people of the
state a sum not to exceed [one hundred] FIVE THOUSAND dollars for each
[such] violation. The superintendent may also suspend or revoke the
license of an insurer or agent or broker for any [such] willful
violation.
S 23. Section 3224-a of the insurance law is amended by adding a new
subsection (g) to read as follows:
(G) IF THE SUPERINTENDENT FINDS, AFTER NOTICE AND HEARING, THAT THE
PERSON COMPLAINED OF HAS ENGAGED IN AN ACT PROHIBITED BY THIS SECTION,
THEN THE SUPERINTENDENT IS AUTHORIZED TO LEVY A CIVIL PENALTY AGAINST
THE PERSON IN AN AMOUNT UP TO ONE THOUSAND DOLLARS PER DAY FOR EACH DAY
BEYOND THE DATE THAT A BILL OR CLAIM WAS TO BE PROCESSED IN ACCORDANCE
WITH THIS SECTION.
S 24. Subsection (n) of section 3411 of the insurance law is amended
to read as follows:
(n) If the superintendent, after notice and hearing, finds that any
insurer or its authorized representative has violated any provision of
this section, [he] THE SUPERINTENDENT shall order the payment of a
penalty, not to exceed [five hundred] FIVE THOUSAND dollars for each
[such] offense. Each issuance, procurement or negotiation of a policy of
insurance in violation of this section shall be a separate offense.
S 25. Subsection (i) of section 3427 of the insurance law, as amended
by chapter 111 of the laws of 1995, is amended to read as follows:
(i) If a lessor, creditor or assignee charges the lessee or debtor for
the waiver of the gap amount, the lessor or creditor, or, in the absence
of a waiver by the creditor or lessor, the assignee, as part of the
waiver offer, shall provide the lessee or debtor with a notice specify-
ing the name of the insurer that has issued the lessor or creditor gap
insurance policy, the cost of the lessor or creditor gap insurance
coverage, and the charge for the waiver. Any person having been found,
after notice and hearing, to have wilfully violated this subsection
shall be liable to the people of this state for a civil penalty in a sum
not exceeding [five hundred] ONE THOUSAND dollars for each violation.
S 26. Section 4224 of the insurance law is amended by adding a new
subsection (f) to read as follows:
(F) ANY PERSON OR CORPORATION VIOLATING THE PROVISIONS OF THIS SECTION
SHALL, IN ADDITION TO ALL OTHER PENALTIES PROVIDED BY LAW, PAY TO THE
PEOPLE OF THIS STATE AS A PENALTY A SUM NOT EXCEEDING FIVE THOUSAND
DOLLARS FOR EACH VIOLATION.
S 27. Subparagraph (B) of paragraph 5 of subsection (f) of section
4228 of the insurance law, as added by chapter 616 of the laws of 1997,
is amended to read as follows:
S. 59--A 44 A. 159--A
(B) In addition to the actions set forth in the preceding subpara-
graph, and upon finding that a company's actions constitute a willful
violation of the provisions of subsection (d) of this section, the
superintendent is authorized to impose a fine on the company in an
amount not to exceed the lesser of [one] TEN thousand dollars per
violation or three times the amount of any overpayments that are found
to constitute a willful violation.
S 28. Subsection (b) of section 4241 of the insurance law is amended
to read as follows:
(b) If the superintendent finds after notice and hearing, that any
authorized insurer, representative of such insurer, licensed insurance
agent or licensed insurance broker has wilfully violated the provisions
of subsection (d) hereof or this article relating to such filings, [he]
THEN THE SUPERINTENDENT may, in lieu of any other penalty provided by
law, order such insurer, or person to pay to the people of this state a
penalty not exceeding [one] FIVE thousand dollars for each [such]
offense.
S 29. Subsection (e) of section 4413 of the insurance law is amended
to read as follows:
(e) The superintendent may impose a penalty of not to exceed [twenty-
five hundred] FIVE THOUSAND dollars upon any trustee or other officer,
agent or employee of any employee welfare fund subject to this article
or may remove [such] THE trustee, officer, agent or employee from office
or employment, or both [such] penalty and removal, if after notice and a
hearing [he] THE SUPERINTENDENT shall find that [he] THE TRUSTEE, OFFI-
CER, AGENT OR EMPLOYEE has wilfully failed to comply with the require-
ments of this article.
S 30. Subsection (e) of section 4504 of the insurance law is amended
to read as follows:
(e) If the superintendent finds after notice and hearing, that any
authorized society has wilfully violated any of the foregoing provisions
of this section relating to the filing of amendments to its charter,
constitution, and by-laws, [he] THE SUPERINTENDENT may, in lieu of any
other penalty provided by law, order [such] THE society to pay to the
people of this state a penalty in a sum not exceeding [five hundred] TEN
THOUSAND dollars for each [such] offense, and failure of any [such]
society to pay [such] THE penalty within thirty days after the making of
[such] THE order, unless [such] THE order is suspended by an order of a
court of competent jurisdiction, shall constitute a violation of the
provisions of this chapter.
S 31. Subsection (a) of section 4523 of the insurance law is amended
to read as follows:
(a) Any person, firm, association or corporation who or [which] THAT
shall solicit a member or members for, or in any way assist in procuring
a member or members for, or collect payments or dues for or in
connection with the membership of, any fraternal benefit society [which]
THAT is not licensed to do business in this state and [which] THAT is
not exempted under the provisions of section four thousand five hundred
twenty-two of this article, shall be guilty of a misdemeanor, and in
addition, [such] THE person, firm, association or corporation shall be
liable to a penalty of one [hundred] THOUSAND dollars for each person so
solicited or so procured to become a member in [such] THE unauthorized
society, and may in addition to either of the foregoing, be enjoined
from doing any [such] unlawful acts, in the manner specified in section
three hundred twenty-seven of this chapter.
S 32. Section 5224 of the insurance law is amended to read as follows:
S. 59--A 45 A. 159--A
S 5224. Penalty for false statements. Any person and any agent or
employee of a person, who knowingly files with the corporation any docu-
ment required under this article[, which] THAT is false or contains any
material misstatement of fact, shall be guilty of a misdemeanor and upon
conviction [therof] THEREOF shall be subject to a fine of not less than
[five hundred] ONE THOUSAND dollars, nor more than [twenty-five hundred]
FIVE THOUSAND dollars, or imprisonment for not more than thirty days.
S 33. Subsection (d) of section 6409 of the insurance law is amended
to read as follows:
(d) No title insurance corporation or any other person acting for or
on behalf of it, shall make any rebate of any portion of the fee, premi-
um or charge made, or pay or give to any applicant for insurance, or to
any person, firm, or corporation acting as agent, representative, attor-
ney, or employee of the owner, lessee, mortgagee or the prospective
owner, lessee, or mortgagee of the real property or any interest there-
in, either directly or indirectly, any commission, any part of its fees
or charges, or any other consideration or valuable thing, as an induce-
ment for, or as compensation for, any title insurance business. Any
person or entity who accepts or receives [such] a commission or rebate
shall be subject to a penalty equal to the greater of [one] FIVE thou-
sand dollars or five times the amount thereof.
S 34. Subsection (a) of section 7711 of the insurance law, as added by
chapter 802 of the laws of 1985, is amended to read as follows:
(a) The superintendent may suspend or revoke, after notice and hear-
ing, the certificate of authority to transact insurance in this state of
any member insurer [which] THAT fails to pay an assessment when due or
fails to comply with the plan of operation. As an alternative, the
superintendent may levy a penalty to be paid to the people of this
state, after notice and hearing, on any member insurer [which] THAT
fails to pay an assessment when due. [Such] THE penalty shall not exceed
five percent of the unpaid assessment per month, [but no penalty] AND
shall NOT be less than one [hundred] THOUSAND dollars per month.
S 35. Subparagraph (A) of paragraph 1 of subsection (b) of section
9109 of the insurance law is amended to read as follows:
(A) not less than [one] FIVE hundred nor more than five [hundred]
THOUSAND dollars for each and every failure to file a report or state-
ment within the time prescribed;
S 36. This act shall take effect immediately, provided that:
a. the amendments to section 317 of the insurance law made by section
six of this act shall not affect the expiration of such section and
shall be deemed repealed therewith; and
b. the amendments to section 2320 of the insurance law made by section
fourteen of this act shall expire on the same date as such section
expires and shall not affect the expiration of such section.
PART X
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 W of chapter 59 of the laws of 2008, 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, 2009, 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,
S. 59--A 46 A. 159--A
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, 2009.
PART Y
Section 1. Expenditures of moneys appropriated in a chapter of the
laws of 2009 to the energy research and development authority from the
special revenue 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, energy research and planning account under the research,
development and demonstration and policy and planning programs for
services and expenses for the research, development and demonstration
and policy and planning programs 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
2007. 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 March 1, 2009.
PART Z
Section 1. Notwithstanding any other provision of law, the Governor
shall include an appropriation in a budget bill for each state fiscal
year that reflects the value of the assets transferred from the power
authority of the state of New York to the state of New York pursuant to
a memorandum of understanding between the power authority of the state
of New York and the state of New York relating to the transfer to the
state of New York of assets aggregating $318,000,000 presently held in
certain accounts of the power authority of the state of New York. The
state comptroller shall encumber the amount so appropriated before the
end of the fiscal year for which such appropriation is made. If for any
of the fiscal years commencing during the period from April 1, 2009
S. 59--A 47 A. 159--A
until such time as the assets have been returned by the state of New
York to the power authority of the state of New York the Governor fails
to submit a budget bill containing an appropriation of such amount, such
amount appropriated to and encumbered during the preceding fiscal year
shall be payable to the authority on the last day of June of such year.
S 2. This act shall take effect immediately.
PART AA
Section 1. Subdivisions 2, 3 and 4 of section 1975 of the public
authorities law are renumbered subdivisions 3, 4 and 5, and a new subdi-
vision 2 is added to read as follows:
2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
IS HEREBY AUTHORIZED TO CONTRIBUTE TWENTY MILLION DOLLARS TO THE STATE
TREASURY TO THE CREDIT OF THE GENERAL FUND.
S 2. Subdivision 1 of section 1977-a of the public authorities law is
amended by adding a new paragraph (e) to read as follows:
(E) ADDITIONAL AUTHORIZATIONS. FOR THE PURPOSE OF FINANCING CAPITAL
COSTS OF THE STATE, THE AUTHORITY MAY, IN ADDITION TO THE AUTHORIZATIONS
CONTAINED ELSEWHERE IN THIS TITLE, BORROW MONEY BY ISSUING BONDS OR
NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING TWO HUNDRED FIFTY
MILLION DOLLARS PLUS A PRINCIPAL AMOUNT OF BONDS OR NOTES ISSUED (I) TO
FUND ANY RELATED DEBT SERVICE RESERVE FUND, (II) TO PROVIDE CAPITALIZED
INTEREST, AND (III) TO PROVIDE FOR FEES AND OTHER CHARGES AND EXPENSES
INCLUDING ANY UNDERWRITERS' DISCOUNTS, RELATED TO THE ISSUANCE OF SUCH
BONDS OR NOTES, ALL AS DETERMINED BY THE AUTHORITY, EXCLUDING BONDS AND
NOTES ISSUED TO REFUND OUTSTANDING BONDS AND NOTES ISSUED PURSUANT TO
THIS SECTION.
S 3. This act shall take effect March 1, 2009.
PART BB
Section 1. Notwithstanding any provisions of law to the contrary, the
New York state urban development corporation is authorized to make
contributions to the state treasury to the credit of the general fund of
any excess receipts which are authorized to be paid to the urban devel-
opment corporation under certain provisions of the public authorities
control board resolutions, 04-UD-838A and 06-UD-900. Pursuant to a plan
approved by the director of the division of budget, the urban develop-
ment corporation shall also remit any additional payments received on or
after March 1, 2009 and which are authorized to be paid to the urban
development corporation under certain provisions of the public authori-
ties control board resolutions, 04-UD-838A and 06-UD-900, to the state
treasury to the credit of the general fund.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART CC
Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development corporation act, is amended by
adding a new section 16-t to read as follows:
S 16-T. THE NEW YORK GROWTH, ACHIEVEMENT AND INVESTMENT STRATEGY
FUND. 1. THE NEW YORK GROWTH, ACHIEVEMENT AND INVESTMENT STRATEGY FUND
IS HEREBY CREATED. THE CORPORATION IS AUTHORIZED, WITHIN AVAILABLE
APPROPRIATIONS, TO PROVIDE FINANCIAL, TECHNICAL OR OTHER ASSISTANCE FROM
S. 59--A 48 A. 159--A
SUCH FUND FOR THE FOLLOWING: LOANS, LOAN GUARANTEES AND GRANTS INCLUDING
INTEREST SUBSIDY GRANTS TO ANY ELIGIBLE BUSINESS EXPANSION OR ATTRACTION
PROJECT ASSOCIATED WITH THE CREATION OF NET NEW, PERMANENT, FULL-TIME
PRIVATE SECTOR JOBS IN NEW YORK STATE. ELIGIBLE FIRMS MAY INCLUDE, BUT
ARE NOT LIMITED TO, THOSE IN INDUSTRIES CATEGORIZED AS MANUFACTURING,
FINANCIAL SERVICES, AGRIBUSINESS, HIGH TECHNOLOGY AND BIOTECHNOLOGY.
LOANS, LOAN GUARANTEES AND INTEREST SUBSIDY GRANTS MAY BE USED TO
FINANCE NEW CONSTRUCTION, RENOVATION OR LEASEHOLD IMPROVEMENTS AND THE
ACQUISITION OF LAND, BUILDINGS, MACHINERY AND EQUIPMENT. THE PROCEEDS
OF SUCH LOANS, LOAN GUARANTEES AND INTEREST SUBSIDY GRANTS MAY ALSO BE
USED TO FINANCE WORKING CAPITAL.
2. APPLICATIONS FOR ASSISTANCE PURSUANT TO THIS SECTION SHALL BE
REVIEWED AND EVALUATED PURSUANT TO ELIGIBILITY REQUIREMENTS AND CRITERIA
SET FORTH IN RULES AND REGULATIONS PROMULGATED BY THE CORPORATION.
3. FINANCIAL ASSISTANCE SHALL BE DETERMINED PURSUANT TO CRITERIA SET
FORTH IN RULES AND REGULATIONS PROMULGATED BY THE CORPORATION.
4. APPROVAL OF PROJECT APPLICATIONS SHALL BE MADE ONLY UPON A DETERMI-
NATION BY THE CORPORATION: (A) THAT THE PROPOSED PROJECT WOULD PROMOTE
THE ECONOMIC HEALTH OF NEW YORK STATE BY FACILITATING THE CREATION OR
RETENTION OF JOBS; (B) THAT THE PROJECT WOULD BE UNLIKELY TO TAKE PLACE
IN NEW YORK STATE WITHOUT THE REQUESTED ASSISTANCE; (C) THAT THE PROJECT
IS REASONABLY LIKELY TO ACCOMPLISH ITS STATED OBJECTIVES AND THAT THE
LIKELY BENEFITS OF THE PROJECT EXCEED COSTS; AND (D) THAT, SHOULD THE
PROJECT ONLY INCLUDE THE RETENTION OF JOBS, IT SHALL BE DEMONSTRATED
UPON CERTIFICATION THAT WITHOUT FINANCIAL ASSISTANCE, THE JOBS WOULD
OTHERWISE LOCATE OUTSIDE OF THE STATE OF NEW YORK.
5. THE CORPORATION SHALL SUBMIT A REPORT TO THE DIRECTOR OF THE BUDG-
ET, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEM-
BLY ON THE INVESTMENTS AND ACCOMPLISHMENTS OF THE NEW YORK GROWTH,
ACHIEVEMENT AND INVESTMENT STRATEGY FUND. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO, INFORMATION ON THE NUMBER OF JOBS CREATED AND
RETAINED, LEVELS OF PRIVATE SECTOR INVESTMENT, ECONOMIC BENEFIT TO THE
STATE AND LOCAL ECONOMIES AND TYPES OF INDUSTRIES INVESTED IN. SUCH
REPORT SHALL BE SUBMITTED BY JULY FIRST, TWO THOUSAND TEN AND JULY FIRST
EVERY YEAR THEREAFTER.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART DD
Section 1. Notwithstanding any provision of law to the contrary, the
New York state urban development corporation, the dormitory authority of
the state of New York, and any other department, agency or public
authority shall not be authorized to approve funding by its board of
directors or by other similar administrative action pursuant to the
following capital appropriations:
$425,000,000 authorized by chapter 55 of the laws of 1997 to all state
agencies for payment of costs related to the community enhancement
facilities assistance projects established pursuant to chapter 432 of
the laws of 1997;
$50,000,000 authorized by chapter 55 of the laws of 2000 to the urban
development corporation for payment of costs related to economic devel-
opment projects in the downtown Buffalo, the Buffalo inner harbor area,
or surrounding environs;
S. 59--A 49 A. 159--A
$225,000,000 authorized by chapter 55 of the laws of 2000 to all state
agencies for payment of costs related to the strategic investment
program;
$1,200,000,000 authorized by chapter 55 of the laws of 2002 for
payment of costs related to economic development projects established
pursuant to chapter 84 of the laws of 2002;
$250,000,000 authorized by chapter 55 of the laws of 2004 for payment
of costs related to economic development projects established pursuant
to chapter 84 of the laws of 2002;
$350,000,000 authorized by chapter 3 of the laws of 2004 for the New
York state economic development program;
$90,000,000 authorized by chapter 62 of the laws of 2005 for regional
development;
$250,000,000 authorized by chapter 62 of the laws of 2005 for technol-
ogy and development;
$75,000,000 authorized by chapter 162 of the laws of 2005 for the New
York state economic development program;
capital appropriations of $603,050,000 authorized by chapter 108 of
the laws of 2006 to the urban development corporation for economic
development/other projects;
$269,500,000 authorized by chapter 108 of the laws of 2006 to the
dormitory authority or the urban development corporation for economic
development projects;
$201,500,000 authorized by chapter 108 of the laws of 2006 to the
urban development corporation for university development projects;
$143,000,000 authorized by chapter 108 of the laws of 2006 to the
urban development corporation for cultural facilities projects;
capital appropriations totaling $60,000,000 authorized by chapter 108
of the laws of 2006 to the urban development corporation for
energy/environmental projects;
$20,000,000 authorized by chapter 108 of the laws of 2006 to the urban
development corporation for a competitive solicitation for construction
of a pilot cellulosic ethanol refinery;
$74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture for a new stadium in Queens county;
$74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture improvements to construct a new parking facility at a new stadium
in Bronx county;
capital disbursements of up to $500,000,000 from an appropriation
authorized by chapter 108 of the laws of 2006 to the urban development
corporation for development of a semiconductor manufacturing facility,
and up to $150,000,000 from an appropriation authorized by chapter 108
of the laws of 2006 to the urban development corporation for research
and development activities of a semiconductor manufacturer;
$300,000,000 from an appropriation to the urban development corpo-
ration authorized by chapter 108 of the laws of 2006 for community revi-
talization projects;
$15,000,000 from any capital appropriation or reappropriation author-
ized by chapter 55 of the laws of 2007 for the Roosevelt Island Operat-
ing Corporation aerial tramway;
$20,000,000 from any capital appropriation or reappropriation author-
ized by chapter 55 of the laws of 2007 for Governor's Island;
S. 59--A 50 A. 159--A
$7,500,000 from any capital appropriation or reappropriation author-
ized by chapter 55 of the laws of 2007 for Harriman research and tech-
nology park;
$7,950,000 from any capital appropriation or reappropriation author-
ized by chapter 55 of the laws of 2007 for USA Niagara;
$300,000,000 from any capital appropriation or reappropriation author-
ized by a chapter of the laws of 2007 for the development and/or expan-
sion of an international computer chip research and development center;
$50,000,000 authorized by a chapter of the laws of 2008 to the urban
development corporation for services and expenses related to the invest-
ment opportunity fund;
$140,000,000 authorized by a chapter of the laws of 2008 to the urban
development corporation for services and expenses related to economic
development and community development initiatives;
$35,000,000 authorized by a chapter of the laws of 2008 to the urban
development corporation for services and expenses related to downstate
regional projects;
$145,000,000 authorized by a chapter of the laws of 2008 to the urban
development corporation for services and expenses related to upstate
city-by-city projects;
$35,000,000 authorized by a chapter of the laws of 2008 to the urban
development corporation for services and expenses related to the down-
state revitalization projects;
$120,000,000 authorized by a chapter of the laws of 2008 to the urban
development corporation for services and expenses related to the upstate
regional blueprint fund;
$40,000,000 authorized by a chapter of the laws of 2008 to the urban
development corporation for services and expenses related to the upstate
agricultural economic development fund;
$350,000,000 authorized by a chapter of the laws of 2008 to the urban
development corporation for services and expenses related to the New
York state capital assistance program; and
$350,000,000 authorized by a chapter of the laws of 2008 to the urban
development corporation for services and expenses related to the New
York state economic development assistance program;
until the governor, the temporary president of the senate and the speak-
er of the assembly execute a capital spending reduction and strategic
re-investment plan; provided, however, that such plan must achieve
reductions in capital authorizations from the programs listed in this
section in an amount equal to or exceeding $375 million, of which (a) no
more than $200 million shall be reprogrammed for initiatives that will
facilitate the creation or retention of jobs; (b) no more than $50
million shall be reprogrammed for the development of a semiconductor
packaging facility; and (c) no more than $25 million shall be repro-
grammed for the purchase of machinery and equipment at Albany nanotech.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART EE
Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development corporation act, is amended by
adding a new section 44 to read as follows:
S 44. ABOLITION OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE NEW
YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION. 1.
ECONOMIC DEVELOPMENT EFFICIENCY. IN ORDER TO PROMOTE ECONOMIC DEVELOP-
S. 59--A 51 A. 159--A
MENT EFFICIENCY IN THE STATE, THE TRANSFER OF THE DEPARTMENT OF ECONOMIC
DEVELOPMENT AND THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY
AND INNOVATION TO THE CORPORATION IS HEREBY AUTHORIZED.
2. TRANSFER OF POWERS OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. THE
FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES
OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AS ESTABLISHED PURSUANT TO
THE ECONOMIC DEVELOPMENT LAW, THE GENERAL MUNICIPAL LAW, THE ENVIRON-
MENTAL CONSERVATION LAW, THE EXECUTIVE LAW, THE STATE FINANCE LAW, THE
TAX LAW AND CHAPTER 110 OF THE LAWS OF 2008 SHALL BE TRANSFERRED AND
ASSIGNED TO, AND ASSUMED BY AND DEVOLVED UPON THE CORPORATION. NOTWITH-
STANDING THE FOREGOING, ANY PROGRAMS SPECIFIED IN LAW TO BE ADMINISTERED
BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL BE ADMINISTERED BY THE
CORPORATION ONLY TO THE EXTENT OF AVAILABLE APPROPRIATIONS.
3. ABOLITION OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. UPON THE
TRANSFER PURSUANT TO SUBDIVISION 2 OF THIS SECTION OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DEPART-
MENT OF ECONOMIC DEVELOPMENT, AS ESTABLISHED PURSUANT TO THE ECONOMIC
DEVELOPMENT LAW, THE GENERAL MUNICIPAL LAW, THE ENVIRONMENTAL CONSERVA-
TION LAW, THE EXECUTIVE LAW, THE STATE FINANCE LAW, THE TAX LAW AND
CHAPTER 110 OF THE LAWS OF 2008, THE DEPARTMENT OF ECONOMIC DEVELOPMENT
SHALL BE ABOLISHED.
4. CONTINUITY OF AUTHORITY OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
EXCEPT AS HEREIN OTHERWISE PROVIDED, UPON THE TRANSFER PURSUANT TO
SUBDIVISION 2 OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY
AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DEPARTMENT OF ECONOMIC
DEVELOPMENT AS ESTABLISHED PURSUANT TO THE ECONOMIC DEVELOPMENT LAW, THE
GENERAL MUNICIPAL LAW, THE ENVIRONMENTAL CONSERVATION LAW, THE EXECUTIVE
LAW, THE STATE FINANCE LAW, THE TAX LAW AND CHAPTER 110 OF THE LAWS OF
2008 TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION 2 OF THIS SECTION
FOR THE PURPOSE OF SUCCESSION OF ALL FUNCTIONS, POWERS, DUTIES AND OBLI-
GATIONS OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CORPORATION SHALL
BE DEEMED AND BE HELD TO CONSTITUTE THE CONTINUATION OF SUCH AUTHORITY
AND NOT A DIFFERENT AGENCY OR AUTHORITY.
5. TRANSFER OF RECORDS OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. UPON
THE TRANSFER PURSUANT TO SUBDIVISION 2 OF THIS SECTION OF THE FUNCTIONS
AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE
DEPARTMENT OF ECONOMIC DEVELOPMENT AS ESTABLISHED PURSUANT TO THE
ECONOMIC DEVELOPMENT LAW, THE GENERAL MUNICIPAL LAW, THE ENVIRONMENTAL
CONSERVATION LAW, THE EXECUTIVE LAW, THE STATE FINANCE LAW, THE TAX LAW
AND CHAPTER 110 OF THE LAWS OF 2008 TO THE CORPORATION AS PRESCRIBED BY
SUBDIVISION 2 OF THIS SECTION, ALL BOOKS, PAPERS, RECORDS AND PROPERTY
PERTAINING TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL BE TRANS-
FERRED TO AND MAINTAINED BY THE CORPORATION.
6. COMPLETION OF UNFINISHED BUSINESS OF THE DEPARTMENT OF ECONOMIC
DEVELOPMENT. UPON THE TRANSFER PURSUANT TO SUBDIVISION 2 OF THIS SECTION
OF THE FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND
DUTIES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AS ESTABLISHED PURSUANT
TO THE ECONOMIC DEVELOPMENT LAW, THE GENERAL MUNICIPAL LAW, THE ENVIRON-
MENTAL CONSERVATION LAW, THE EXECUTIVE LAW, THE STATE FINANCE LAW, THE
TAX LAW AND CHAPTER 110 OF THE LAWS OF 2008 TO THE CORPORATION AS
PRESCRIBED BY SUBDIVISION 2 OF THIS SECTION, ANY BUSINESS OR OTHER
MATTER UNDERTAKEN OR COMMENCED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT
PERTAINING TO OR CONNECTED WITH THE FUNCTIONS, POWERS, OBLIGATIONS AND
DUTIES SO TRANSFERRED AND ASSIGNED TO THE CORPORATION MAY BE CONDUCTED
OR COMPLETED BY THE CORPORATION.
S. 59--A 52 A. 159--A
7. TERMS OCCURRING IN LAWS, CONTRACTS OR OTHER DOCUMENTS. UPON THE
TRANSFER PURSUANT TO SUBDIVISION 2 OF THIS SECTION OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DEPART-
MENT OF ECONOMIC DEVELOPMENT AS ESTABLISHED PURSUANT TO THE ECONOMIC
DEVELOPMENT LAW, THE GENERAL MUNICIPAL LAW, THE ENVIRONMENTAL CONSERVA-
TION LAW, THE EXECUTIVE LAW, THE STATE FINANCE LAW, THE TAX LAW AND
CHAPTER 110 OF THE LAWS OF 2008 AS PRESCRIBED BY SUBDIVISION 2 OF THIS
SECTION, WHENEVER THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE COMMIS-
SIONER THEREOF, THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES OF WHICH
ARE TRANSFERRED TO THE CORPORATION ARE REFERRED TO OR DESIGNATED IN ANY
LAW, CONTRACT OR DOCUMENT PERTAINING TO THE FUNCTIONS, POWERS, OBLI-
GATIONS AND DUTIES TRANSFERRED AND ASSIGNED PURSUANT TO THIS TITLE, SUCH
REFERENCE OR DESIGNATION SHALL BE DEEMED TO REFER TO THE CORPORATION AND
ITS PRESIDENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL RIGHTS AND
BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION
OF CIVIL SERVICE AND COLLECTIVE BARGAINING OF ALL EMPLOYEES AFFECTED BY
THE TRANSFER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO THE CORPO-
RATION, SHALL BE PRESERVED AND PROTECTED UNDER THE TRANSFER, AND ALL
TRANSFERRED EMPLOYEES SHALL BE CONSIDERED FOR ALL PURPOSES OF ARTICLE
FOURTEEN OF THE CIVIL SERVICE LAW PUBLIC EMPLOYEES AND EMPLOYEES WHO ARE
TRANSFERRED SHALL REMAIN IN THE SAME COLLECTIVE BARGAINING UNIT.
8. EXISTING RIGHTS AND REMEDIES PRESERVED. UPON THE TRANSFER PURSUANT
TO SUBDIVISION 2 OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED
BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DEPARTMENT OF ECONOMIC
DEVELOPMENT AS ESTABLISHED PURSUANT TO THE ECONOMIC DEVELOPMENT LAW, THE
GENERAL MUNICIPAL LAW, THE ENVIRONMENTAL CONSERVATION LAW, THE EXECUTIVE
LAW, THE STATE FINANCE LAW, THE TAX LAW AND CHAPTER 110 OF THE LAWS OF
2008 TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION 2 OF THIS SECTION,
NO EXISTING RIGHT OR REMEDY OF THE STATE, INCLUDING THE DEPARTMENT OF
ECONOMIC DEVELOPMENT, SHALL BE LOST, IMPAIRED OR AFFECTED BY REASON OF
THIS TITLE.
9. PENDING ACTIONS AND PROCEEDINGS. UPON THE TRANSFER PURSUANT TO
SUBDIVISION 2 OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY
AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DEPARTMENT OF ECONOMIC
DEVELOPMENT AS ESTABLISHED PURSUANT TO THE ECONOMIC DEVELOPMENT LAW, THE
GENERAL MUNICIPAL LAW, THE ENVIRONMENTAL CONSERVATION LAW, THE EXECUTIVE
LAW, THE STATE FINANCE LAW, THE TAX LAW AND CHAPTER 110 OF THE LAWS OF
2008 TRANSFER TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION 2 OF THIS
SECTION, NO ACTION OR PROCEEDING PENDING ON THE EFFECTIVE DATE OF THIS
SECTION, BROUGHT BY OR AGAINST THE DEPARTMENT OF ECONOMIC DEVELOPMENT OR
COMMISSIONER THEREOF SHALL BE AFFECTED BY ANY PROVISION OF THIS SECTION,
BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN THE NAME OF THE CORPO-
RATION. IN ALL SUCH ACTIONS AND PROCEEDINGS, THE CORPORATION, UPON
APPLICATION TO THE COURT, SHALL BE SUBSTITUTED AS A PARTY.
10. CONTINUATION OF RULES AND REGULATIONS. UPON THE TRANSFER PURSUANT
TO SUBDIVISION 2 OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED
BY AND ALL THE OBLIGATIONS AND DUTIES OF THE DEPARTMENT OF ECONOMIC
DEVELOPMENT AS ESTABLISHED PURSUANT TO THE ECONOMIC DEVELOPMENT LAW, THE
GENERAL MUNICIPAL LAW, THE ENVIRONMENTAL CONSERVATION LAW, THE EXECUTIVE
LAW, THE STATE FINANCE LAW, THE TAX LAW AND CHAPTER 110 OF THE LAWS OF
2008, TRANSFER TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION 2 OF THIS
SECTION, ALL RULES, REGULATIONS, ACTS, DETERMINATIONS AND DECISIONS OF
THE DEPARTMENT OF ECONOMIC DEVELOPMENT, PERTAINING TO THE FUNCTIONS
TRANSFERRED AND ASSIGNED BY THIS SECTION TO THE CORPORATION IN FORCE AT
THE TIME OF SUCH TRANSFER, ASSIGNMENT, ASSUMPTION OR DEVOLUTION SHALL
S. 59--A 53 A. 159--A
CONTINUE IN FORCE AND EFFECT AS RULES, REGULATIONS, ACTS, DETERMINATIONS
AND DECISIONS OF THE CORPORATION UNTIL DULY MODIFIED OR REPEALED.
11. TRANSFER OF APPROPRIATION. TRANSFER OF APPROPRIATIONS HERETOFORE
MADE TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT. UPON THE TRANSFER PURSU-
ANT TO SUBDIVISION 2 OF THIS SECTION OF THE FUNCTIONS AND POWERS
POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DEPARTMENT OF
ECONOMIC DEVELOPMENT AS ESTABLISHED PURSUANT TO THE ECONOMIC DEVELOPMENT
LAW, THE GENERAL MUNICIPAL LAW, THE ENVIRONMENTAL CONSERVATION LAW, THE
EXECUTIVE LAW, THE STATE FINANCE LAW, THE TAX LAW AND CHAPTER 110 OF THE
LAWS OF 2008 TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION 2 OF THIS
SECTION, ALL APPROPRIATIONS AND REAPPROPRIATIONS WHICH SHALL HAVE BEEN
MADE AVAILABLE AS OF THE DATE OF SUCH TRANSFER TO THE DEPARTMENT OF
ECONOMIC DEVELOPMENT OR SEGREGATED PURSUANT TO LAW, TO THE EXTENT OF
REMAINING UNEXPENDED OR UNENCUMBERED BALANCES THEREOF, WHETHER ALLOCATED
OR UNALLOCATED AND WHETHER OBLIGATED OR UNOBLIGATED, SHALL BE TRANS-
FERRED TO AND MADE AVAILABLE FOR USE AND EXPENDITURE BY THE CORPORATION
AND SHALL BE PAYABLE ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMIS-
SIONER OF TAXATION AND FINANCE, ON AUDIT AND WARRANT OF THE COMPTROLLER.
PAYMENTS OF LIABILITIES FOR EXPENSES OF PERSONAL SERVICES, MAINTENANCE
AND OPERATION WHICH SHALL HAVE BEEN INCURRED AS OF THE DATE OF SUCH
TRANSFER BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND FOR LIABILITIES
INCURRED AND TO BE INCURRED IN COMPLETING ITS AFFAIRS SHALL ALSO BE MADE
ON VOUCHERS CERTIFIED OR APPROVED BY THE PRESIDENT OF THE CORPORATION,
ON AUDIT AND WARRANT OF THE COMPTROLLER.
12. TRANSFER OF POWERS OF THE NEW YORK STATE FOUNDATION FOR SCIENCE,
TECHNOLOGY AND INNOVATION. THE FUNCTIONS AND POWERS POSSESSED BY AND ALL
OF THE OBLIGATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION, EXCEPT AS OTHERWISE HEREIN PROVIDED,
AS ESTABLISHED PURSUANT TO ARTICLE TEN-A OF THE PUBLIC AUTHORITIES LAW
AND ARTICLE TEN-B OF THE EXECUTIVE LAW SHALL BE TRANSFERRED AND ASSIGNED
TO, AND ASSUMED BY AND DEVOLVED UPON THE CORPORATION.
13. ABOLITION OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY
AND INNOVATION. UPON THE TRANSFER PURSUANT TO SUBDIVISION 12 OF THIS
SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY THE NEW YORK STATE
FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AND ALL OF THE OBLI-
GATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECH-
NOLOGY AND INNOVATION, AS ESTABLISHED PURSUANT TO ARTICLE TEN-A OF THE
PUBLIC AUTHORITIES LAW AND ARTICLE TEN-B OF THE EXECUTIVE LAW, THE NEW
YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION SHALL BE
ABOLISHED.
14. CONTINUITY OF AUTHORITY. EXCEPT AS HEREIN OTHERWISE PROVIDED, UPON
THE TRANSFER PURSUANT TO SUBDIVISION 12 OF THIS SECTION OF THE FUNCTIONS
AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW
YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTAB-
LISHED PURSUANT TO THE EXECUTIVE LAW AND THE PUBLIC AUTHORITIES LAW TO
THE CORPORATION AS PRESCRIBED BY SUBDIVISION 12 OF THIS SECTION FOR THE
PURPOSE OF SUCCESSION OF ALL FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS
OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION,
THE CORPORATION SHALL BE DEEMED AND BE HELD TO CONSTITUTE THE CONTINUA-
TION OF SUCH AUTHORITY AND NOT A DIFFERENT AGENCY OR AUTHORITY.
15. TRANSFER OF RECORDS OF THE NEW YORK STATE FOUNDATION FOR SCIENCE,
TECHNOLOGY AND INNOVATION. UPON THE TRANSFER PURSUANT TO SUBDIVISION 12
OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE
OBLIGATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION FOR SCIENCE,
TECHNOLOGY AND INNOVATION AS ESTABLISHED PURSUANT TO THE EXECUTIVE LAW
AND THE PUBLIC AUTHORITIES LAW TO THE CORPORATION AS PRESCRIBED BY
S. 59--A 54 A. 159--A
SUBDIVISION 12 OF THIS SECTION, ALL BOOKS, PAPERS, RECORDS AND PROPERTY
PERTAINING TO THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND
INNOVATION SHALL BE TRANSFERRED TO AND MAINTAINED BY THE CORPORATION.
16. COMPLETION OF UNFINISHED BUSINESS OF THE NEW YORK STATE FOUNDATION
FOR SCIENCE, TECHNOLOGY AND INNOVATION. UPON THE TRANSFER PURSUANT TO
SUBDIVISION 12 OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY
AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION
FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTABLISHED PURSUANT TO THE
EXECUTIVE LAW AND THE PUBLIC AUTHORITIES LAW TO THE CORPORATION AS
PRESCRIBED BY SUBDIVISION 12 OF THIS SECTION, ANY BUSINESS OR OTHER
MATTER UNDERTAKEN OR COMMENCED BY THE NEW YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION PERTAINING TO OR CONNECTED WITH THE
FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES SO TRANSFERRED AND ASSIGNED TO
THE CORPORATION MAY BE CONDUCTED OR COMPLETED BY THE CORPORATION.
17. TERMS OCCURRING IN LAWS, CONTRACTS OR OTHER DOCUMENTS. UPON THE
TRANSFER PURSUANT TO SUBDIVISION 12 OF THIS SECTION OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW
YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTAB-
LISHED PURSUANT TO THE EXECUTIVE LAW AND THE PUBLIC AUTHORITIES LAW AS
PRESCRIBED BY SUBDIVISION 12 OF THIS SECTION, WHENEVER THE NEW YORK
STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION AND THE EXECU-
TIVE DIRECTOR THEREOF, THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES OF
WHICH ARE TRANSFERRED TO THE CORPORATION ARE REFERRED TO OR DESIGNATED
IN ANY LAW, CONTRACT OR DOCUMENT PERTAINING TO THE FUNCTIONS, POWERS,
OBLIGATIONS AND DUTIES TRANSFERRED AND ASSIGNED PURSUANT TO THIS TITLE,
SUCH REFERENCE OR DESIGNATION SHALL BE DEEMED TO REFER TO THE CORPO-
RATION AND ITS PRESIDENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL
RIGHTS AND BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND
PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING OF ALL EMPLOYEES
AFFECTED BY THE TRANSFER OF THE NEW YORK STATE FOUNDATION FOR SCIENCE,
TECHNOLOGY AND INNOVATION TO THE CORPORATION, SHALL BE PRESERVED AND
PROTECTED UNDER THE TRANSFER, AND ALL TRANSFERRED EMPLOYEES SHALL BE
PRESERVED AND PROTECTED UNDER THE TRANSFER, AND ALL TRANSFERRED EMPLOY-
EES SHALL BE CONSIDERED FOR ALL PURPOSES OF ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW PUBLIC EMPLOYEES AND EMPLOYEES WHO ARE TRANSFERRED
SHALL REMAIN IN THE SAME COLLECTIVE BARGAINING UNIT AND ANY NEWLY
CREATED POSITIONS SHALL BE ASSIGNED TO THE APPROPRIATE COLLECTIVE
BARGAINING UNIT.
18. EXISTING RIGHTS AND REMEDIES PRESERVED. UPON THE TRANSFER PURSUANT
TO SUBDIVISION 12 OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED
BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW YORK STATE FOUNDA-
TION FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTABLISHED PURSUANT TO
THE EXECUTIVE LAW AND THE PUBLIC AUTHORITIES LAW TO THE CORPORATION AS
PRESCRIBED BY SUBDIVISION 12 OF THIS SECTION, NO EXISTING RIGHT OR REME-
DY OF THE STATE, INCLUDING THE NEW YORK STATE FOUNDATION FOR SCIENCE,
TECHNOLOGY AND INNOVATION, SHALL BE LOST, IMPAIRED OR AFFECTED BY REASON
OF THIS SECTION.
19. PENDING ACTIONS AND PROCEEDINGS. UPON THE TRANSFER PURSUANT TO
SUBDIVISION 12 OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED BY
AND ALL OF THE OBLIGATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION
FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTABLISHED PURSUANT TO THE
EXECUTIVE LAW AND THE PUBLIC AUTHORITIES LAW TRANSFER TO THE CORPORATION
AS PRESCRIBED BY SUBDIVISION 12 OF THIS SECTION, NO ACTION OR PROCEEDING
PENDING ON THE EFFECTIVE DATE OF THIS SECTION, BROUGHT BY OR AGAINST THE
NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION OR
EXECUTIVE DIRECTOR THEREOF SHALL BE AFFECTED BY ANY PROVISION OF THIS
S. 59--A 55 A. 159--A
SECTION, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN THE NAME OF THE
CORPORATION. IN ALL SUCH ACTIONS AND PROCEEDINGS, THE CORPORATION, UPON
APPLICATION TO THE COURT, SHALL BE SUBSTITUTED AS A PARTY.
20. CONTINUATION OF RULES AND REGULATIONS. UPON THE TRANSFER PURSUANT
TO SUBDIVISION 12 OF THIS SECTION OF THE FUNCTIONS AND POWERS POSSESSED
BY AND ALL THE OBLIGATIONS AND DUTIES OF THE NEW YORK STATE FOUNDATION
FOR SCIENCE, TECHNOLOGY AND INNOVATION AS ESTABLISHED PURSUANT TO THE
EXECUTIVE LAW AND THE PUBLIC AUTHORITIES LAW TRANSFER TO THE CORPORATION
AS PRESCRIBED BY SUBDIVISION 12 OF THIS SECTION, ALL RULES, REGULATIONS,
ACTS, DETERMINATIONS AND DECISIONS OF THE NEW YORK STATE FOUNDATION FOR
SCIENCE, TECHNOLOGY AND INNOVATION, PERTAINING TO THE FUNCTIONS TRANS-
FERRED AND ASSIGNED BY THIS SECTION TO THE CORPORATION IN FORCE AT THE
TIME OF SUCH TRANSFER, ASSIGNMENT, ASSUMPTION OR DEVOLUTION SHALL
CONTINUE IN FORCE AND EFFECT AS RULES, REGULATIONS, ACTS, DETERMINATIONS
AND DECISIONS OF THE CORPORATION UNTIL DULY MODIFIED OR REPEALED.
21. TRANSFER OF APPROPRIATION. TRANSFER OF APPROPRIATIONS HERETOFORE
MADE TO THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNO-
VATION. UPON THE TRANSFER PURSUANT TO SUBDIVISION 12 OF THIS SECTION OF
THE FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND
DUTIES OF THE NEW YORK STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND
INNOVATION AS ESTABLISHED PURSUANT TO THE EXECUTIVE LAW AND THE PUBLIC
AUTHORITIES LAW TO THE CORPORATION AS PRESCRIBED BY SUBDIVISION 12 OF
THIS SECTION, ALL APPROPRIATIONS AND REAPPROPRIATIONS WHICH SHALL HAVE
BEEN MADE AVAILABLE AS OF THE DATE OF SUCH TRANSFER TO THE NEW YORK
STATE FOUNDATION FOR SCIENCE, TECHNOLOGY AND INNOVATION OR SEGREGATED
PURSUANT TO LAW, TO THE EXTENT OF REMAINING UNEXPENDED OR UNENCUMBERED
BALANCES THEREOF, WHETHER ALLOCATED OR UNALLOCATED AND WHETHER OBLIGATED
OR UNOBLIGATED, SHALL BE TRANSFERRED TO AND MADE AVAILABLE FOR USE AND
EXPENDITURE BY THE CORPORATION AND SHALL BE PAYABLE ON VOUCHERS CERTI-
FIED OR APPROVED BY THE COMMISSIONER OF TAXATION AND FINANCE, ON AUDIT
AND WARRANT OF THE COMPTROLLER. PAYMENTS OF LIABILITIES FOR EXPENSES OF
PERSONAL SERVICES, MAINTENANCE AND OPERATION WHICH SHALL HAVE BEEN
INCURRED AS OF THE DATE OF SUCH TRANSFER BY THE NEW YORK STATE FOUNDA-
TION FOR SCIENCE, TECHNOLOGY AND INNOVATION, AND FOR LIABILITIES
INCURRED AND TO BE INCURRED IN COMPLETING ITS AFFAIRS SHALL ALSO BE MADE
ON VOUCHERS CERTIFIED OR APPROVED BY THE PRESIDENT OF THE CORPORATION,
ON AUDIT AND WARRANT OF THE COMPTROLLER.
22. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, OR SUBDIVISION
OF THIS SECTION 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, OR SUBDIVISION THEREOF DIRECTLY INVOLVED IN THE
CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
S 2. Section 10 of the economic development law is REPEALED.
S 3. Section 50 of the economic development law is REPEALED.
S 4. Section 3151 of the public authorities law is REPEALED.
S 5. Section 3152 of the public authorities law is REPEALED.
S 6. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009; provided
that the provisions of sections two and three of this act shall take
effect upon the transfer of the functions and powers of the department
of economic development to the urban development corporation as provided
in section one of this act; and the provisions of sections four and five
of this act shall take effect upon the transfer of the functions and
powers of the New York state foundation for science, technology and
S. 59--A 56 A. 159--A
innovation to the urban development corporation as provided in section
one of this act.
PART FF
Section 1. Subdivision 2 of section 2976 of the public authorities
law, as amended by section 1 of part X of chapter 85 of the laws of
2002, is amended to read as follows:
2. The bond issuance charge shall be computed by multiplying the prin-
cipal amount of bonds issued by the percentage set forth in the schedule
below, provided that: (a) the charge applicable to the principal amount
of single family mortgage revenue bonds shall be seven one-hundredths of
one percent; (b) the issuance of bonds shall not include the remarketing
of bonds; and (c) the issuance of bonds shall not include the current
refunding of short term bonds, notes or other obligations for which the
bond issuance charge provided by this section has been paid, provided
that such current refunding (i) occurs within one year from the issuance
of the refunded obligations, or (ii) is part of a program created by a
single indenture or bond resolution that provides for the periodic issu-
ance and refunding of short term obligations.
SCHEDULE
Principal Amount of Bonds Issued Percentage Charge
a. $1,000,000 or less [.14%] .168%
b. $1,000,001 to $5,000,000 [.28%] .336%
c. $5,000,001 to $10,000,000 [.42%] .504%
d. $10,000,001 to $20,000,000 [.56%] .672%
e. More than $20,000,000 [.70%] .84%
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART GG
Section 1. Notwithstanding any provision of law to the contrary, all
functions, powers, duties, obligations and assets of the State North-
eastern Queens Nature and Historical Preserve Commission, as established
by chapter 919 of the laws of 1973, are transferred and assigned to, and
assumed by, the office of parks, recreation and historic preservation.
S 2. All books, papers, records and property of the State Northeastern
Queens Nature and Historical Preserve Commission are transferred and
assigned to, and assumed and devolved upon, the office of parks, recre-
ation and historic preservation.
S 3. Any business or other matter undertaken or commenced by the State
Northeastern Queens Nature and Historical Preserve Commission relating
to the functions, powers, duties and obligations of such commission and
pending on the effective date of this act, may be conducted and
completed by the office of parks, recreation and historic preservation
in the same manner and under the same terms and conditions and with the
same effect as if conducted by the State Northeastern Queens Nature and
Historical Preserve Commission.
S 4. All rules, regulations, acts, determinations and decisions of the
State Northeastern Queens Nature and Historical Preserve Commission with
respect to the functions, powers, duties and obligations of such commis-
sion in force and effect on the effective date of this act shall contin-
ue in force and effect as rules, regulations, acts, determinations and
decisions of the office of parks, recreation and historic preservation
until amended or revised by such office.
S. 59--A 57 A. 159--A
S 5. Whenever the functions, powers, duties and obligations relating
to the State Northeastern Queens Nature and Historical Preserve Commis-
sion are referred to or designated in any law, contract or document,
such reference or designation shall be deemed to refer to the appropri-
ate functions, powers, duties and obligations of the office of parks,
recreation and historic preservation.
S 6. No existing right or remedy of any character shall be lost,
impaired or affected by reason of this act.
S 7. Chapter 919 of the laws of 1973, relating to establishing the
State Northeastern Queens Nature and Historical Preserve, is REPEALED.
S 8. This act shall take effect immediately.
PART HH
Section 1. Legislative findings and declaration. The Hudson valley
region plays a role of prime importance to the economy, the history and
the character of New York. In 1991, the legislature established the
Hudson river valley greenway program to further the protection of
natural and cultural resources, the conservation and management of
renewable natural resources, regional planning, economic development,
public access and heritage education. Since the inception of the Hudson
river valley greenway, new challenges and important issues have arisen
that can be addressed through government action, including smart growth,
water quality, sea level rise, and climate change. The department of
state's local waterfront revitalization program has evolved to address
these and other issues through progressive new plans and planning
approaches that will help communities respond to these challenges. In
view of the changing dynamics in the Hudson river valley, and the
resources and expertise of the department of state, a transfer of the
functions, powers, duties, obligations and assets of the Hudson river
valley greenway, Hudson river valley greenway communities council and
Hudson river valley greenway heritage conservancy to the department of
state will allow New York state to more efficiently and effectively
advance the greenway program, assuring that the character and values
that make the region a vibrant place to live and work continue to be
protected.
S 2. The executive law is amended by adding a new article 42-A to read
as follows:
ARTICLE 42-A
HUDSON RIVER VALLEY GREENWAY
SECTION 925. DEFINITIONS.
927. POWERS AND DUTIES OF THE SECRETARY.
929. STATE AGENCY CONSISTENCY.
931. HUDSON RIVER VALLEY GEOGRAPHIC INFORMATION SYSTEMS.
933. GREENWAY COMPACT.
935. GREENWAY CONSERVANCY.
937. GREENWAY TRAIL.
939. PLANS DEVELOPED UNDER ARTICLE FORTY-FOUR OF THE ENVIRON-
MENTAL CONSERVATION LAW.
S 925. DEFINITIONS. UNLESS OTHERWISE SPECIFIED WITHIN THIS ARTICLE, AS
USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
1. "CHIEF ELECTED OFFICIAL OF A COUNTY" MEANS THE COUNTY EXECUTIVE OR,
IF THERE IS NONE, THE CHAIR OF THE BOARD OF SUPERVISORS OR, IF THERE IS
NEITHER, ANY OTHER OFFICERS POSSESSING SIMILAR POWERS AND DUTIES.
S. 59--A 58 A. 159--A
2. "COMPACT" OR "GREENWAY COMPACT" MEANS A REGIONAL PLAN FOR THE OVER-
ALL GREENWAY AREA ADOPTED PURSUANT TO SECTION NINE HUNDRED THIRTY-THREE
OF THIS ARTICLE.
3. "COUNTRYSIDE" MEANS THE CITIES, TOWNS AND VILLAGES WITHIN THE
GREENWAY WHICH DO NOT BORDER THE HUDSON RIVER.
4. "FUND" MEANS THE HUDSON RIVER VALLEY GREENWAY FUND ESTABLISHED IN
SECTION NINETY-SEVEN-N OF THE STATE FINANCE LAW.
5. "GREENWAY CRITERIA" MEANS NATURAL AND CULTURAL RESOURCE PROTECTION,
REGIONAL SUSTAINABLE DEVELOPMENT PLANNING, ECONOMIC DEVELOPMENT, PUBLIC
ACCESS, HERITAGE ENVIRONMENTAL EDUCATION AND SMART GROWTH, IDENTIFIED AS
THE BASIS FOR ATTAINING THE GOAL OF A HUDSON RIVER VALLEY GREENWAY AND
SMART GROWTH.
6. "GREENWAY" OR "HUDSON RIVER VALLEY GREENWAY" MEANS THE COUNTIES,
INCLUDING ALL CITIES, TOWNS AND VILLAGES THEREIN, OF WESTCHESTER, ROCK-
LAND, ORANGE, PUTNAM, DUTCHESS, ULSTER, COLUMBIA, GREENE, ALBANY, RENS-
SELAER, SARATOGA AND WASHINGTON; PROVIDED THE GREENWAY SHALL NOT INCLUDE
ANY AREA OF GREENE AND ULSTER COUNTIES WITHIN THE CATSKILL PARK AS
DEFINED IN SUBDIVISION TWO OF SECTION 9-0101 OF THE ENVIRONMENTAL
CONSERVATION LAW. IN ADDITION, IN THE CITY OF NEW YORK THE GREENWAY
SHALL INCLUDE THE AREAS OF BRONX AND NEW YORK COUNTIES THAT ARE BOTH
ADJACENT TO THE HUDSON RIVER AND INCLUDED AS OF THE EFFECTIVE DATE OF
THIS SECTION WITHIN THE BOUNDARIES OF SUCH CITY'S WATERFRONT REVITALIZA-
TION PROGRAM PREPARED PURSUANT TO ARTICLE FORTY-TWO OF THIS CHAPTER.
7. "GREENWAY TRAIL" OR "TRAIL" MEANS THE TRAIL ESTABLISHED PURSUANT TO
SECTION NINE HUNDRED THIRTY-SEVEN OF THIS ARTICLE.
8. "PARTICIPATING COMMUNITY" MEANS A COUNTY, CITY, TOWN OR VILLAGE
WHICH HAS ADOPTED THE REGIONAL PLAN FOR ITS DISTRICT PURSUANT TO SECTION
NINE HUNDRED THIRTY-THREE OF THIS ARTICLE.
9. "RIVERSIDE" MEANS THE CITIES, TOWNS AND VILLAGES WITHIN THE GREEN-
WAY WHICH BORDER THE HUDSON RIVER AND SHALL INCLUDE THE CITY OF NEW
YORK, WITH RESPECT TO AREAS OF BRONX AND NEW YORK COUNTIES DESIGNATED IN
SUBDIVISION SIX OF THIS SECTION.
10. "SECRETARY" MEANS THE SECRETARY OF STATE OF THE STATE OF NEW YORK.
11. "SMART GROWTH" MEANS DEVELOPMENT THAT PRIORITIZES THE USE OF
EXISTING INFRASTRUCTURE, PARTICULARLY IN DEVELOPED AREAS, PROTECTION OF
OPEN SPACE, PROTECTION OF NATURAL RESOURCES AND AVOIDANCE OF SPRAWL.
12. "CONSERVANCY" OR "GREENWAY CONSERVANCY" MEANS THE GREENWAY CONSER-
VANCY, A PUBLIC BENEFIT CORPORATION, REESTABLISHED PURSUANT TO SECTION
NINE HUNDRED THIRTY-FIVE OF THIS ARTICLE.
S 927. POWERS AND DUTIES OF THE SECRETARY. THE SECRETARY SHALL HAVE
THE POWER:
1. TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY
OR CONVENIENT FOR THE EXERCISE OF THE SECRETARY'S POWERS AND FUNCTIONS
UNDER THIS ARTICLE.
2. TO CONTRACT FOR AND TO ACCEPT ASSISTANCE, INCLUDING BUT NOT LIMITED
TO GIFTS, GRANTS, OR LOANS OF FUNDS OR PERSONAL PROPERTY FROM THE FEDER-
AL GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR FROM ANY
AGENCY OR INSTRUMENTALITY OF THE STATE, OR FROM ANY OTHER PUBLIC OR
PRIVATE SOURCE AND TO COMPLY, SUBJECT TO THE PROVISIONS OF THIS ARTICLE,
WITH THE TERMS AND CONDITIONS THEREOF. NOTWITHSTANDING THE PROVISION OF
SECTION ELEVEN OF THE STATE FINANCE LAW, THE SECRETARY MAY ACCEPT GIFTS,
GRANTS, DEVISES AND BEQUESTS, WHETHER CONDITIONAL OR UNCONDITIONAL
PROVIDING THAT ANY GIFTS, GRANTS, DEVISES AND BEQUESTS BE CONSISTENT
WITH GREENWAY CRITERIA.
3. TO CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE.
S. 59--A 59 A. 159--A
4. TO CONDUCT SCIENTIFIC, ENVIRONMENTAL, ECONOMIC, TOURISM AND
CULTURAL STUDIES THAT ARE GERMANE TO THE GREENWAY CRITERIA AND COMPRE-
HENSIVE INVENTORIES OF THE NATURAL, SCENIC, HISTORIC, CULTURAL AND
RECREATIONAL RESOURCES OF THE HUDSON RIVER VALLEY, OR TO CONTRACT FOR
SUCH STUDIES AND SERVICES.
5. TO PREPARE PLANS TO ADVANCE THE SIX GREENWAY CRITERIA.
6. TO REVIEW AND COMMENT AS AN INTERESTED AGENCY DURING THE ENVIRON-
MENTAL REVIEW PROCESS PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL
CONSERVATION LAW ON PROPOSED ACTIONS WITHIN THE GREENWAY, AND UPON THE
FILING OF A DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR ANY SUCH ACTION TO
REQUIRE THE LEAD AGENCY TO CONDUCT A HEARING UNDER ARTICLE EIGHT OF THE
ENVIRONMENTAL CONSERVATION LAW.
7. TO REVIEW AND COMMENT ON CAPITAL AND LONG RANGE PLANS OF STATE
AGENCIES AS THEY AFFECT THE CRITERIA, OBJECTIVES AND PLANS OF THE GREEN-
WAY.
8. TO REVIEW AND COMMENT ON ACTIONS PURSUANT TO SECTION SEVENTY-FIVE
OF THE PUBLIC LANDS LAW WITHIN THE GREENWAY FOR THEIR CONSISTENCY WITH
THE PUBLIC'S RIGHT AND INTEREST IN LAND UNDER WATER FOR THE PURPOSES OF
NAVIGATION AND COMMERCE, FISHING, BATHING, NATURAL RESOURCE CONSERVA-
TION, RECREATION AND ACCESS TO THE WATERS AND LANDS UNDER WATER OF THE
STATE.
9. TO DESIGNATE AND DEVELOP MODEL GREENWAY PROJECTS TO DEMONSTRATE THE
IMPLEMENTATION OF GREENWAY PLANNING AND MAKE CONTRACTS FOR ASSISTANCE TO
MUNICIPALITIES AND NONPROFIT ENTITIES WITHIN THE GREENWAY THEREFOR.
10. TO DESIGNATE MULTI-COUNTY PLANNING DISTRICTS OR SUBREGIONS BASED
ON ENVIRONMENTAL, ECONOMIC AND SOCIAL FACTORS LINKING COUNTIES, CITIES,
TOWNS AND VILLAGES AND THE RECOMMENDATIONS OF MUNICIPAL OFFICIALS FROM
SUCH COUNTIES AND THEIR POLITICAL SUBDIVISIONS FOR THE PURPOSE OF DEVEL-
OPMENT OF THE GREENWAY COMPACT, PROVIDED THAT THE AREAS OF BRONX AND NEW
YORK COUNTIES DESIGNATED IN SUBDIVISION SIX OF SECTION NINE HUNDRED
TWENTY-FIVE OF THIS ARTICLE SHALL BE DEEMED TO BE A MULTI-COUNTY PLAN-
NING DISTRICT AND REGION AND SHALL NOT BE LINKED WITH ANY OTHER COUNTY,
CITY, TOWN OR VILLAGE IN A MULTI-COUNTY PLANNING DISTRICT OR REGION.
11. TO ENCOURAGE INDIVIDUALS, CORPORATIONS, ASSOCIATIONS AND PUBLIC
ENTITIES TO PROTECT AND PRESERVE THE UNIQUE RESOURCES OF THE GREENWAY
AND MAKE GRANTS TO MUNICIPALITIES AND NONPROFIT ENTITIES WITHIN THE
GREENWAY THEREFOR.
12. TO MAKE AVAILABLE OR TO CAUSE TO MAKE AVAILABLE DISPUTE RESOLUTION
SERVICES FOR CONFLICTS OVER LAND USE REGULATION BETWEEN UNITS OF GOVERN-
MENT AND/OR BETWEEN INTERESTS INCLUDING DEVELOPMENT, CONSERVATION AND
NEIGHBORHOOD INTERESTS UPON REQUEST OF ALL PARTIES IN DISPUTE.
13. TO ORGANIZE AND MEET WITH A COMMITTEE OF COUNTY PLANNERS WITHIN
THE GREENWAY REGARDING REGIONAL PROJECTS AND THE PROVISION OF PLANNING
SERVICES.
14. TO EXERCISE AND PERFORM SUCH OTHER POWERS AND DUTIES AS SHALL HAVE
BEEN OR MAY BE FROM TIME TO TIME CONFERRED BY LAW.
15. TO SUE ON CAUSES OF ACTION CONSISTENT WITH THE PURPOSES AND ITS
RESPONSIBILITIES UNDER THIS ARTICLE AND WITH RESPECT TO CONTRACTS TO
WHICH THE SECRETARY IS A PARTY ARISING WITHIN THE BOUNDARIES OF THE
GREENWAY; AND TO BE SUED.
16. TO ACQUIRE, IN THE NAME OF THE STATE, INTERESTS OR RIGHTS IN REAL
PROPERTY INCLUDING TITLE BY GIFT OR DEVISE ANYWHERE WITHIN THE GREENWAY,
OR BY PURCHASE SOLELY FOR THE PURPOSES OF A RIVERSIDE PARK OR DEVELOP-
MENT OF THE GREENWAY TRAIL, OR BY EASEMENT FOR THE CONSERVATION, MANAGE-
MENT AND PRESERVATION OF OPEN SPACE CHARACTERIZED BY NATURAL SCENIC
BEAUTY, HERITAGE, NATURAL RESOURCE VALUES OR CONDITIONS ENHANCING
S. 59--A 60 A. 159--A
REGIONAL QUALITIES OF THE HUDSON RIVER VALLEY PROVIDED, HOWEVER, THAT
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TRANSFERS OF SUCH INTERESTS
OR RIGHTS IN REAL PROPERTY MAY BE MADE TO MUNICIPALITIES OR NOT-FOR-PRO-
FIT CORPORATIONS WHICH CONTRACT TO HOLD SUCH PROPERTY FOR THE BENEFICIAL
ENJOYMENT OF THE PEOPLE OF THE STATE AND IN NO EVENT SHALL SUCH LAND BE
SOLD BY ANY SUCH MUNICIPALITY OR NOT-FOR-PROFIT CORPORATION EXCEPT FOR
PURPOSES CONSISTENT WITH THE BENEFICIAL ENJOYMENT OF THE PEOPLE OF THE
STATE.
17. TO CREATE COMMITTEES AND APPOINT MEMBERS THERETO TO ASSIST AND
ADVISE THE SECRETARY IN CARRYING OUT HIS OR HER FUNCTIONS, POWERS AND
DUTIES PURSUANT TO THIS ARTICLE AND IN COORDINATING THE ACTIVITIES OF
THE SECRETARY WITH STATE AND LOCAL AGENCIES FUNCTIONING WITHIN THE
HUDSON RIVER VALLEY.
18. TO INTERVENE IN PROCEEDINGS BEFORE FEDERAL AND STATE AGENCIES ON
MATTERS AFFECTING THE HUDSON RIVER VALLEY.
19. TO ENCOURAGE AND ASSIST IN THE CREATION OF SPECIAL LOCAL IMPROVE-
MENT DISTRICTS CONSISTENT WITH THE PURPOSES OF THIS ARTICLE.
20. TO IDENTIFY LAND AND WATER AREAS IN THE HUDSON RIVER VALLEY THAT
ARE SUITABLE FOR DESIGNATION AS SCENIC AREAS, DEVELOP RESOURCE MANAGE-
MENT PLANS FOR SUCH SCENIC AREAS, AND PROVIDE SUPPORT FOR UTILIZATION OF
SCENIC IMPACT PROJECT REVIEW GUIDELINES FOR PROJECTS OR ACTIONS WITHIN
SUCH AREA.
21. TO HELP TO ADVANCE, GUIDE AND COORDINATE ON A PRIORITY BASIS THE
ACQUISITION OF LAND AND WATER AREAS POSSESSED OF SCENIC, NATURAL,
HISTORICAL, RECREATIONAL OR CULTURAL SIGNIFICANCE, FOR THE PURPOSE OF
PRESERVING OR ENHANCING SUCH AREAS; AND TO DO SO IN COOPERATION WITH
APPROPRIATE PUBLIC AND PRIVATE AGENCIES.
22. TO PROVIDE LOCAL GOVERNMENTS AND THE PRIVATE SECTOR WITH IMPROVED
LIAISON, INTERPRETATION AND FOCUS RELATIVE TO A VARIETY OF STATE AND
FEDERAL PROGRAMS WHICH BEAR ON THE HUDSON RIVER VALLEY AND ITS SHORE-
LANDS, INCLUDING COASTAL MANAGEMENT; BASIN LEVEL B STUDY; WILD, SCENIC
AND RECREATIONAL RIVERS; HERITAGE AREAS; SCENIC BYWAYS; FISHERIES
MANAGEMENT; ESTUARINE SANCTUARIES; AREAS OF NATIONAL CONCERN; HISTORIC
PRESERVATION; TOURISM AND OUTDOOR RECREATION; AND GRANTS-IN-AID.
23. TO HELP DEVELOP AND IMPLEMENT PLANS AT THE STATE, COUNTY AND LOCAL
LEVELS FOR RESOURCE PROTECTION, RENEWABLE NATURAL RESOURCE MANAGEMENT,
SEA LEVEL RISE, CLIMATE CHANGE, AND ENHANCEMENT IN SCENIC HIGHWAY CORRI-
DORS IN ACCORDANCE WITH THE GREENWAY CRITERIA.
24. TO PREPARE A WORK PLAN OF INTENDED PROJECTS AND ACTIVITIES IN THE
GREENWAY, PERIODICALLY REPORT TO THE GOVERNOR AND THE LEGISLATURE ON THE
CONDUCT OF ITS ACTIVITIES, MAKE SUCH REPORTS AVAILABLE TO THE PUBLIC,
AND ESTABLISH A PROCESS TO RECEIVE PUBLIC COMMENTS ON SUCH REPORTS AND
ON SUGGESTIONS FOR PROPOSED PROJECTS AND ACTIVITIES IN THE GREENWAY.
25. TO PROMOTE THE GREENWAY AS A SINGLE, TOURISM DESTINATION SITE IN
CONJUNCTION WITH THE DESIGNATION AND DEVELOPMENT OF THE GREENWAY TRAIL.
26. TO ASSIST IN THE PRESERVATION OF FARMLANDS WITHIN THE GREENWAY FOR
CONTINUED AGRICULTURAL USE.
27. NOTWITHSTANDING ANY OTHER SECTION OF LAW, THE SECRETARY MAY EXER-
CISE ITS POWERS UNDER THIS ARTICLE WITHIN THE COUNTY OF NEW YORK ONLY
FOR THE PURPOSES OF DESIGNATING, DEVELOPING, OR CAUSING TO BE DEVELOPED
A TRAIL PURSUANT TO SECTION NINE HUNDRED THIRTY-FIVE OF THIS ARTICLE.
FOR THE PURPOSES OF THIS SUBDIVISION, "TRAIL" MEANS A LINEAR CORRIDOR OR
PATHWAY, WALKWAY OR BIKEWAY USED SOLELY FOR PUBLIC TRANSPORTATION AND
RECREATION. THE SECRETARY SHALL NOT DEVELOP, CONSTRUCT OR CAUSE TO BE
DEVELOPED OR CONSTRUCTED ANY LANDFILL, PIER OR STRUCTURE OVER WATER
LOCATED WEST OF THE EXISTING BULKHEAD OR SHORELINE; NOR SHALL THE SECRE-
S. 59--A 61 A. 159--A
TARY DEVELOP, CONSTRUCT OR CAUSE TO BE DEVELOPED OR CONSTRUCTED ANY
COMMERCIAL OR RESIDENTIAL USES ON ANY TRAIL DEVELOPED PURSUANT TO THIS
SUBDIVISION.
28. WITHIN THE AMOUNT OF APPROPRIATIONS EXPRESSLY THEREFOR, TO
PURCHASE THE MAXIMUM INSURANCE COVERAGE PRACTICABLE AND AFFORDABLE FROM
REVENUES IN THE FUND, TO BE EFFECTIVE UPON THE ADOPTION BY A COMMUNITY
OF A REGIONAL SUSTAINABLE DEVELOPMENT PLAN, FROM ANY DULY AUTHORIZED
INSURER IN THIS STATE, AGAINST ANY LIABILITY OF ANY PARTICIPATING COMMU-
NITY OR ITS AGENTS THAT MAY RESULT FROM ITS ACQUISITION OF LAND,
CONSISTENT WITH ITS REGIONAL SUSTAINABLE DEVELOPMENT PLAN, OR THE
ADOPTION OR IMPLEMENTATION OF ANY LAND USE CONTROL INCLUDING, BUT NOT
LIMITED TO, A ZONING LAW OR ORDINANCE; PROVIDED, HOWEVER, SUCH INSURANCE
SHALL NOT APPLY TO ANY SUCH CLAIM THAT RESULTS FROM THE INTENTIONAL
WRONGDOING, RECKLESSNESS, GROSS NEGLIGENCE OR AN UNLAWFUL DISCRIMINATORY
PRACTICE AS PROVIDED IN SUBDIVISIONS TWO, TWO-A, THREE-B, FOUR, PARA-
GRAPHS (A) AND (B) OF SUBDIVISION FIVE AND SUBDIVISIONS SIX, SEVEN,
FOURTEEN AND EIGHTEEN OF SECTION TWO HUNDRED NINETY-SIX OF THIS CHAPTER
AND 42 U.S.C. SS 1981, 1983 BY SUCH COMMUNITY OR ITS AGENTS. EXCEPT WITH
RESPECT TO NEW YORK CITY, THE SECRETARY SHALL PURCHASE SUCH INSURANCE
AND BEGIN COVERAGE UPON THE ADOPTION BY A COMMUNITY OF A REGIONAL
SUSTAINABLE DEVELOPMENT PLAN, AND MAINTAIN SUCH INSURANCE FOR ALL
PARTICIPATING COMMUNITIES. NOTHING IN THIS SUBDIVISION SHALL REQUIRE THE
SECRETARY TO PURCHASE OR PROVIDE COVERAGE FOR NEW YORK CITY.
29. TO TAKE ANY ACTIONS NECESSARY TO CARRY OUT THE FUNCTIONS, POWERS
AND DUTIES IMPOSED BY THIS ARTICLE.
30. TO PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THIS ARTICLE,
INCLUDING FOR PURPOSES OF MAINTAINING AND UPDATING THE COMPACT PRODUCED
PURSUANT TO SECTION NINE HUNDRED THIRTY-THREE OF THIS ARTICLE.
S 929. STATE AGENCY CONSISTENCY. 1. THE SECRETARY, IN CARRYING OUT
HIS OR HER FUNCTIONS AND RESPONSIBILITIES UNDER THIS ARTICLE, SHALL
CONSULT WITH, COOPERATE WITH, AND, TO THE MAXIMUM EXTENT PRACTICABLE,
COORDINATE HIS OR HER ACTIVITIES WITH OTHER INTERESTED STATE AGENCIES.
2. AFTER THE COMPACT IS IN EFFECT, ANY STATE AGENCY CONDUCTING, FUND-
ING OR APPROVING ACTIVITIES DIRECTLY AFFECTING GREENWAY RESOURCES SHALL,
TO THE FULLEST EXTENT PRACTICABLE, CONSULT WITH, COOPERATE WITH, AND
COORDINATE ITS ACTIVITIES WITH THE SECRETARY AND THE APPROPRIATE PARTIC-
IPATING COMMUNITY. ANY SUCH STATE AGENCY SHALL CONDUCT OR SUPPORT SUCH
ACTIVITIES IN A MANNER WHICH IS, TO THE MAXIMUM EXTENT PRACTICABLE,
CONSISTENT WITH THE COMPACT IN ADDITION TO REQUIREMENTS OF OTHER LAWS,
INCLUDING THOSE OF ARTICLE FORTY-TWO OF THIS CHAPTER. THE COMPACT SHALL
BE INCORPORATED AS PART OF THE REVIEWS OF ACTIONS PURSUANT TO THE STATE
ENVIRONMENTAL QUALITY REVIEW ACT AS PROVIDED IN ARTICLE EIGHT OF THE
ENVIRONMENTAL CONSERVATION LAW AND THE NEW YORK STATE HISTORIC PRESERVA-
TION ACT OF 1980. FOR PURPOSES OF SECTION 8-0113 OF THE ENVIRONMENTAL
CONSERVATION LAW, THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION SHALL
INCORPORATE CONSIDERATION OF THE GREENWAY INTO RULES AND REGULATIONS
ADOPTED PURSUANT TO SUCH SECTION.
3. NOTHING IN THIS ARTICLE SHALL PREEMPT THE AUTHORITY AND RESPONSI-
BILITIES OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO
ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW.
S 931. HUDSON RIVER VALLEY GEOGRAPHIC INFORMATION SYSTEMS. THE SECRE-
TARY SHALL CONTINUE, UPDATE AND MAINTAIN THE HUDSON RIVER VALLEY
GEOGRAPHIC INFORMATION SYSTEM AND MAKE AVAILABLE INFORMATION THEREFROM
TO COUNTIES, CITIES, TOWNS AND VILLAGES WITHIN THE GREENWAY. THE SECRE-
TARY MAY CHARGE A FEE FOR SUCH INFORMATION TO COVER THE COST OF PROVID-
ING THE INFORMATION.
S. 59--A 62 A. 159--A
S 933. GREENWAY COMPACT. 1. THE SECRETARY SHALL GUIDE AND SUPPORT A
COOPERATIVE DEVELOPMENT PLANNING PROCESS TO ESTABLISH A VOLUNTARY
REGIONAL COMPACT AMONG THE COUNTIES, CITIES, TOWNS AND VILLAGES OF THE
GREENWAY TO FURTHER THE RECOMMENDED CRITERIA OF NATURAL AND CULTURAL
RESOURCE PROTECTION, CONSERVATION AND MANAGEMENT OF RENEWABLE NATURAL
RESOURCES, SUSTAINABLE PLANNING, ECONOMIC DEVELOPMENT, PUBLIC ACCESS AND
HERITAGE EDUCATION AND SMART GROWTH.
2. THE SECRETARY SHALL OFFER TECHNICAL ASSISTANCE TO COMMUNITIES IN
THE GREENWAY IN COMPREHENSIVELY PLANNING FOR AND ATTAINING THE GOAL OF
ESTABLISHING AND HAVING MAXIMUM EFFECTIVE IMPLEMENTATION OF LOCAL PLAN-
NING AND ZONING THROUGH NATURAL AND CULTURAL RESOURCES INVENTORIES, THE
ADOPTION OF A COMPREHENSIVE ZONING ORDINANCE OR LOCAL LAW, COMPREHENSIVE
PLAN, SITE PLAN AND SUBDIVISION PLAT REVIEW CONSISTENT WITH THE GREENWAY
CRITERIA. THE SECRETARY SHALL ALSO ENCOURAGE THE USE OF CLUSTER SUBDIVI-
SION, LOCAL HISTORIC PRESERVATION REGULATIONS, TRANSFER OF DEVELOPMENT
RIGHTS, CONSERVATION EASEMENTS, DESIGNATION OF CRITICAL ENVIRONMENTAL
AREAS AND OTHER ZONING TECHNIQUES WHERE APPROPRIATE TO ATTAIN LOCAL
PLANNING AND ENVIRONMENTAL OBJECTIVES AND PARTICIPATION IN THE COASTAL
MANAGEMENT PROGRAM AND THE STATE SYSTEM OF HERITAGE AREAS. THE SECRETARY
MAY ENTER INTO CONTRACTS NOT TO EXCEED FIFTY PERCENT OF PROJECT COST
WITH COMMUNITIES IN THE GREENWAY AND IN CONSULTATION WITH APPROPRIATE
STATE AGENCIES FOR PURPOSES OF ADMINISTRATING GRANTS PURSUANT TO THIS
SUBDIVISION INCLUDING, BUT NOT LIMITED TO, GRANTS TO CONDUCT NATURAL AND
CULTURAL RESOURCES INVENTORIES, PREPARE OR UPDATE A COMPREHENSIVE PLAN,
A ZONING LOCAL LAW OR ORDINANCE, A TRANSFER OF DEVELOPMENT RIGHTS LOCAL
LAW OR ORDINANCE, A LOCAL GOVERNMENT WATERFRONT REVITALIZATION PROGRAM,
A HERITAGE AREA FEASIBILITY STUDY OR MANAGEMENT PLAN OR A TOURISM DEVEL-
OPMENT FEASIBILITY STUDY OR PLAN. ANY COMMUNITY WHICH RECEIVES A GRANT
PURSUANT TO THIS SUBDIVISION MAY, AT THE DISCRETION OF THE SECRETARY,
CONTRIBUTE ITS FIFTY PERCENT OF THE PROJECT COST IN THE FORM OF AN
IN-KIND OR OTHER NON-MONETARY CONTRIBUTION AS APPROVED BY THE SECRETARY.
3. THE SECRETARY SHALL PERIODICALLY CONVENE MEETINGS OF THE CHIEF
ELECTED OFFICIALS OF COUNTIES, CITIES, TOWNS AND VILLAGES OR THEIR
DESIGNATED REPRESENTATIVES FOR EACH OF THE SUBREGIONAL DISTRICTS DESIG-
NATED BY THE SECRETARY. SUCH OFFICIALS IN EACH DISTRICT SHALL ORGANIZE
TO PREPARE, OR CAUSE TO BE PREPARED PURSUANT TO SCHEDULES ESTABLISHED BY
THE SECRETARY A COMPREHENSIVE REGIONAL SUSTAINABLE DEVELOPMENT PLAN FOR
THEIR DISTRICT TO BE SUBMITTED TO THE SECRETARY. THE SECRETARY SHALL
OFFER TECHNICAL ASSISTANCE IN PREPARATION OF SUCH PLANS AND AMENDMENTS
THEREOF. WITHIN FUNDS AVAILABLE THEREFOR, THE SECRETARY SHALL GRANT
FUNDS TO MEET THE COST OF EACH REGIONAL SUSTAINABLE DEVELOPMENT PLAN AND
AMENDMENTS THEREOF. EACH SUCH REGIONAL SUSTAINABLE DEVELOPMENT PLAN
SHALL ADDRESS THE GREENWAY CRITERIA AND THE OBJECTIVES ADOPTED BY THE
SECRETARY BY PROVISIONS INCLUDING, BUT NOT LIMITED TO, IDENTIFYING
DEVELOPMENTS OF REGIONAL IMPACT AND AREAS OF REGIONAL CONCERN INCLUDING,
BUT NOT LIMITED TO IDENTIFYING NECESSARY PUBLIC FACILITIES AND INFRAS-
TRUCTURE CONSISTENT WITH SUCH CRITERIA AND OBJECTIVES AND PROVIDING FOR
THE VOLUNTARY ADOPTION BY ACTION OF A LOCAL LEGISLATIVE BODY AND IMPLE-
MENTATION OF RELEVANT PROVISIONS BY EACH PARTICIPATING COUNTY, CITY,
TOWN AND VILLAGE. THE SECRETARY SHALL REVIEW EACH REGIONAL SUSTAINABLE
DEVELOPMENT PLAN FOR ITS CONSISTENCY WITH THE GREENWAY CRITERIA AND
OBJECTIVES AND TO ASSURE THAT THE REGIONAL SUSTAINABLE DEVELOPMENT PLANS
CONFORM TO ESTABLISH AN OVERALL GREENWAY COMPACT. UPON FINDING SUCH
CONSISTENCY AND CONFORMANCE, THE SECRETARY SHALL APPROVE THE REGIONAL
SUSTAINABLE DEVELOPMENT PLAN AND, UPON APPROVING ALL THE REGIONAL
SUSTAINABLE DEVELOPMENT PLANS, SHALL PRODUCE AN OVERALL GREENWAY PLAN TO
S. 59--A 63 A. 159--A
BE KNOWN AS THE COMPACT. IF THE LOCAL OFFICIALS IN ANY DISTRICT FAIL TO
PRODUCE A REGIONAL SUSTAINABLE DEVELOPMENT PLAN FOR THEIR DISTRICT OR
SUBMIT SUCH PLAN WHICH THE SECRETARY CANNOT APPROVE, THE SECRETARY MAY
PREPARE OR CAUSE TO BE PREPARED A REGIONAL SUSTAINABLE DEVELOPMENT PLAN
WHICH CITIES, TOWNS AND VILLAGES IN SUCH DISTRICT MAY VOLUNTARILY ADOPT
BY LOCAL LAW TO BECOME PARTICIPATING COMMUNITIES. THE SECRETARY'S
ACTIONS SHALL NOT BE INCONSISTENT WITH THE REQUIREMENTS OF ARTICLE
FORTY-TWO OF THIS CHAPTER IN APPROVING ANY REGIONAL SUSTAINABLE DEVELOP-
MENT PLAN.
4. UPON APPROVAL BY THE SECRETARY OF A REGIONAL SUSTAINABLE DEVELOP-
MENT PLAN, EACH COUNTY, CITY, TOWN OR VILLAGE WITHIN THE DISTRICT FOR
WHICH THE PLAN WAS PREPARED AND THAT ADOPTED THE PLAN BY ITS LOCAL
LEGISLATIVE BODY SHALL BECOME A PARTICIPATING COMMUNITY IN THE GREENWAY
COMPACT BY ADOPTING THE REGIONAL SUSTAINABLE DEVELOPMENT PLAN AS
PROVIDED IN SUCH PLAN.
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE MAYOR OF
THE CITY OF NEW YORK MAY SUBMIT THOSE PORTIONS OF SUCH CITY'S WATERFRONT
REVITALIZATION PROGRAM, PREPARED PURSUANT TO ARTICLE FORTY-TWO OF THIS
CHAPTER AND ADOPTED THROUGH THE PROCESS FOR THE ADOPTION AND AMENDMENT
OF PLANS CONTAINED IN THE CHARTER OF SUCH CITY, AS SUCH PROGRAM APPLIES
TO AREAS WITHIN THE GREENWAY, AS THE REGIONAL SUSTAINABLE DEVELOPMENT
PLAN FOR THE REGION COMPRISED OF THE AREAS OF BRONX AND NEW YORK COUN-
TIES DESCRIBED IN SUBDIVISION SIX OF SECTION NINE HUNDRED TWENTY-FIVE OF
THIS ARTICLE. THE MAYOR OF SUCH CITY MAY SUBMIT AMENDMENTS TO SUCH
REGIONAL SUSTAINABLE DEVELOPMENT PLAN ADOPTED THROUGH THE PROCESS FOR
THE ADOPTION AND AMENDMENT OF PLANS CONTAINED IN THE CHARTER OF SUCH
CITY. ANY SUCH PLAN OR AMENDMENT THEREOF SUBMITTED PURSUANT TO THIS
SUBDIVISION SHALL BE DEEMED TO HAVE BEEN APPROVED PURSUANT TO THIS
SECTION AND, UPON SUBMISSION OF SUCH PLAN, THE AREAS OF THE CITY OF NEW
YORK DESIGNATED IN SUBDIVISION SIX OF SECTION NINE HUNDRED TWENTY-FIVE
OF THIS ARTICLE AND WHICH ARE ALSO INCLUDED WITHIN SUCH PLAN SHALL BE
DEEMED TO BE A PARTICIPATING COMMUNITY AND, UNLESS OTHERWISE SPECIFIED,
THE MAYOR OF SUCH CITY SHALL EXERCISE THE AUTHORITY GRANTED TO SUCH
PARTICIPATING COMMUNITY. SOLELY FOR PURPOSES OF THIS SUBDIVISION THE
PLAN SUBMITTED BY THE CITY OF NEW YORK PURSUANT TO THIS SECTION AND ANY
AMENDMENTS THERETO SHALL NOT BE DEEMED A GENERIC ENVIRONMENTAL IMPACT
STATEMENT OR REGIONAL SUSTAINABLE DEVELOPMENT PLAN.
6. NOTHING CONTAINED IN THIS ARTICLE SHALL BE DEEMED TO AFFECT, IMPAIR
OR SUPERSEDE THE PROVISIONS OF ANY CITY CHARTER, LOCAL LAW, RULE OR
OTHER LOCAL REQUIREMENTS AND PROCEDURES HERETOFORE OR HEREAFTER ADOPTED,
INCLUDING, BUT NOT LIMITED TO, ANY SUCH PROVISIONS RELATING TO THE
ZONING AND USE OF LAND.
7. A REGIONAL SUSTAINABLE DEVELOPMENT PLAN PREPARED CONSISTENT WITH
THE PROCEDURES OF SECTION 8-0109 OF THE ENVIRONMENTAL CONSERVATION LAW
RELATING TO THE PREPARATION AND CONTENTS OF AN ENVIRONMENTAL IMPACT
STATEMENT SHALL BE CONSIDERED A GENERIC ENVIRONMENTAL IMPACT STATEMENT.
ACTIONS PROPOSED IN CONFORMANCE WITH THE CONDITIONS AND THRESHOLDS
ESTABLISHED IN SUCH REGIONAL SUSTAINABLE DEVELOPMENT PLAN WILL REQUIRE
NO FURTHER COMPLIANCE WITH ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVA-
TION LAW.
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY STATE AGENCY MAY
PROVIDE IN IMPLEMENTING A RANKING SYSTEM FOR ALLOCATING FUNDS FOR
INFRASTRUCTURE, LAND ACQUISITION OR PARK ASSISTANCE PROJECTS A PREFER-
ENCE NOT TO EXCEED THE EQUIVALENT OF AN ADVANTAGE OF FIVE PERCENT FOR
SUCH PROJECTS WHICH ARE IDENTIFIED IN A REGIONAL SUSTAINABLE DEVELOPMENT
PLAN APPROVED PURSUANT TO THIS SECTION.
S. 59--A 64 A. 159--A
9. FOR EACH SUCH PARTICIPATING COMMUNITY THERE SHALL BE INDEMNITY FROM
THE STATE IN THE EVENT OF LEGAL ACTIONS BROUGHT AGAINST THE COMMUNITY OR
ITS AGENTS THAT MAY RESULT FROM THE COMMUNITY'S ACQUISITION OF LAND
CONSISTENT WITH ITS REGIONAL SUSTAINABLE DEVELOPMENT PLAN OR THE
ADOPTION OR IMPLEMENTATION OF ANY LAND USE CONTROL INCLUDING, BUT NOT
LIMITED TO, A ZONING LAW OR ORDINANCE. SUCH INDEMNITY SHALL NOT APPLY TO
THE COUNTIES OF NEW YORK AND BRONX FOR SUCH LEGAL ACTIONS BROUGHT AS A
RESULT OF NEW YORK CITY'S ADOPTION OF A REGIONAL SUSTAINABLE DEVELOPMENT
PLAN OR AMENDMENTS THERETO PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
SUCH INDEMNITY SHALL APPLY TO THE EXTENT THAT ANY SUCH CLAIM EXCEEDS THE
INSURANCE COVERAGE OBTAINED BY THE SECRETARY PURSUANT TO THIS ARTICLE;
PROVIDED, HOWEVER, SUCH INDEMNITY SHALL NOT APPLY TO ANY SUCH CLAIM THAT
RESULTS FROM INTENTIONAL WRONGDOING, RECKLESSNESS, GROSS NEGLIGENCE OR
AN UNLAWFUL DISCRIMINATORY PRACTICE AS PROVIDED IN SUBDIVISIONS TWO,
TWO-A, THREE-B, FOUR, PARAGRAPHS (A) AND (B) OF SUBDIVISION FIVE AND
SUBDIVISIONS SIX, SEVEN, FOURTEEN AND EIGHTEEN OF SECTION TWO HUNDRED
NINETY-SIX OF THIS CHAPTER AND 42 U.S.C. SS 1981, 1983 BY SUCH COMMUNITY
OR ITS AGENTS. IN ANY CLAIM AGAINST A PARTICIPATING COMMUNITY OF UNLAW-
FUL DISCRIMINATORY PRACTICE, THE ATTORNEY GENERAL SHALL NOT REPRESENT
THE DEFENDANT OR DEFENDANTS; PROVIDED, HOWEVER, THAT IF THE PLAINTIFF IS
NOT THE PREVAILING PARTY, THE DEFENDANT OR DEFENDANTS SHALL BE REIM-
BURSED BY THE STATE FOR ALL REASONABLE ATTORNEYS' FEES AND LITIGATION
EXPENSES INCURRED IN THE DEFENSE OF THE ACTION.
10. IN ADDITION TO ANY OTHER FUNDS AVAILABLE FROM THE STATE, PARTIC-
IPATING COMMUNITIES AND NONPROFIT ENTITIES DESIGNATED BY SUCH COMMUNI-
TIES SHALL BE ELIGIBLE FOR CAPITAL, PROGRAM AND PLANNING MATCHING GRANTS
FROM THE SECRETARY TO THE EXTENT APPROPRIATIONS HAVE BEEN MADE THEREFOR,
INCLUDING, BUT NOT LIMITED TO GRANTS FOR MUNICIPAL HISTORIC PRESERVATION
PROJECTS TO ACQUIRE, RESTORE OR REHABILITATE PROPERTY LISTED ON THE
STATE OR NATIONAL REGISTERS OF HISTORIC PLACES OR FOR EDUCATIONAL
PROGRAMS RELATED TO SUCH HISTORIC PLACES, MUNICIPAL PARK PROJECTS FOR
THE ACQUISITION, DEVELOPMENT OR IMPROVEMENT OF RECREATIONAL FACILITIES
OR THE ACQUISITION OF LAND FOR OPEN SPACE CONSERVATION AND MANAGEMENT OF
RENEWABLE NATURAL RESOURCES AND NATURAL RESOURCE PROTECTION INCLUDING
THE PRESERVATION OF ENDANGERED SPECIES AND THEIR NATURAL COMMUNITIES,
WATERFRONT REVITALIZATION PROJECTS TO ACQUIRE LAND FOR PUBLIC ACCESS TO
THE HUDSON RIVER OR TO PROTECT RIVER RESOURCES OR TO CLEAR WATERFRONT
SITES FOR PUBLIC OR PRIVATE WATER DEPENDENT USES OR TO DEVELOP, IMPROVE
OR REHABILITATE WATER DEPENDENT OR WATERFRONT FACILITIES INCLUDING
WHARFS AND PIERS, CONSISTENT WITH A LOCAL WATERFRONT REVITALIZATION
PROGRAM, HERITAGE AREA PROJECTS FOR PLANNING, PROGRAM, ACQUISITION OR
DEVELOPMENT CONSISTENT WITH THE PURPOSES OF ARTICLE THIRTY-FIVE OF THE
PARKS, RECREATION AND HISTORIC PRESERVATION LAW, TOURISM MARKETING
PROJECTS, DEVELOPMENT AND COMMERCIAL REVITALIZATION AND COMMUNITY DEVEL-
OPMENT PROGRAMS AND PROJECTS, NATURAL RESOURCES INVENTORIES, AGRICULTURE
PRESERVATION PROJECTS AND PUBLIC AND PRIVATE INFRASTRUCTURE IMPROVEMENT
RELATED TO THE DEVELOPMENT OF THE GREENWAY TRAIL. THE STATE SHARE OF THE
COST OF SUCH PROJECTS SHALL NOT EXCEED FIFTY PERCENT OF THE TOTAL
PROJECT COST. THE SECRETARY SHALL ENTER INTO CONTRACTS WITH PARTICIPAT-
ING COMMUNITIES AND IN CONSULTATION WITH APPROPRIATE STATE AGENCIES FOR
THE PURPOSE OF ADMINISTERING THESE GRANTS.
11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PARTICIPATING COMMUNI-
TIES SHALL BE ELIGIBLE TO TAKE PART IN AND RECEIVE GRANTS AND LOANS FROM
THE URBAN DEVELOPMENT CORPORATION'S URBAN AND COMMUNITY DEVELOPMENT
PROGRAM AND REGIONAL ECONOMIC DEVELOPMENT PROGRAM.
S. 59--A 65 A. 159--A
12. THE SECRETARY MAY, AFTER HOLDING A PUBLIC HEARING IN THE APPROPRI-
ATE DISTRICT, WITHDRAW ITS APPROVAL OF A REGIONAL SUSTAINABLE DEVELOP-
MENT PLAN WHERE IT FINDS THAT THERE HAS BEEN A SIGNIFICANT FAILURE TO
IMPLEMENT SUCH PLAN BY A MAJORITY OF THE PARTICIPATING COUNTIES, CITIES,
TOWNS AND VILLAGES WITHIN THE DISTRICT. WHEN APPROVAL HAS BEEN WITHDRAWN
FROM A REGIONAL SUSTAINABLE DEVELOPMENT PLAN, THE COMMUNITIES THEREIN
MAY NOT HAVE THE BENEFITS OF PARTICIPATING COMMUNITIES PURSUANT TO
SUBDIVISIONS SEVEN THROUGH TEN OF THIS SECTION. THE SECRETARY SHALL
REPORT SUCH WITHDRAWAL OF APPROVAL TO THE GOVERNOR AND THE LEGISLATURE
STATING THE REASONS FOR SUCH ACTION CONSISTENT WITH SUBDIVISIONS ONE
THROUGH EIGHT OF THIS SECTION.
S 935. GREENWAY HERITAGE CONSERVANCY. 1. IT IS HEREBY FOUND, DETER-
MINED AND DECLARED THAT THE REESTABLISHMENT OF THE GREENWAY HERITAGE
CONSERVANCY AND THE CARRYING OUT OF ITS CORPORATE PURPOSES IS IN ALL
RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE OF NEW YORK, FOR THE
PRESERVATION AND ENHANCEMENT OF THE NATURAL AND HISTORIC RESOURCES OF
THE HUDSON RIVER VALLEY AND IN FURTHERANCE OF THEIR WELFARE AND PROSPER-
ITY, AND IS A PUBLIC PURPOSE, IN THAT THE CONSERVANCY WILL BE PERFORMING
AN ESSENTIAL GOVERNMENTAL FUNCTION IN THE EXERCISE OF THE POWERS
CONFERRED UPON IT BY THIS ARTICLE. THE CONSERVANCY SHALL NOT BE REQUIRED
TO PAY TAXES OR ASSESSMENTS UPON ANY OF THE REAL PROPERTY INTERESTS OR
RIGHTS ACQUIRED BY IT OR UNDER ITS JURISDICTION OR CONTROL, OR UPON ITS
ACTIVITIES IN THE OPERATION AND MAINTENANCE OF SUCH PROPERTY INTERESTS
OR RIGHTS OR USE OF ANY MONEYS, REVENUES OR OTHER INCOME RECEIVED BY THE
CONSERVANCY. ALL CONTRIBUTIONS OF REAL OR PERSONAL PROPERTY INTERESTS OR
RIGHTS MADE TO THE CONSERVANCY WHETHER BY GIFT, DEVISE OR BEQUEST SHALL
TO THE EXTENT DEDUCTIBLE FOR FEDERAL INCOME TAX PURPOSES, BE DEDUCTIBLE
FOR PURPOSES OF THE TAX LAW TO THE EXTENT PROVIDED THEREIN.
2. THE GREENWAY CONSERVANCY FOR THE HUDSON RIVER VALLEY IS HEREBY
REESTABLISHED IN THE EXECUTIVE DEPARTMENT TO BE THE GREENWAY CONSERVAN-
CY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPO-
RATION.
3. THE MEMBERSHIP OF THE CONSERVANCY SHALL CONSIST OF THE SECRETARY OF
STATE, WHO SHALL ALSO SERVE AS ITS CHAIRPERSON, THE COMMISSIONER OF
PARKS, RECREATION AND HISTORIC PRESERVATION AND ONE ADDITIONAL MEMBER TO
BE APPOINTED BY THE CHAIR OF THE GREENWAY HERITAGE CONSERVANCY WHO SHALL
SERVE AT THE PLEASURE OF SUCH CHAIR. THE POWERS OF THE CONSERVANCY SHALL
BE VESTED IN AND EXERCISED BY NO LESS THAN TWO OF THE MEMBERS THEREOF
THEN IN OFFICE. THE CONSERVANCY MAY DELEGATE TO ONE OR MORE OF ITS
MEMBERS, OR ITS OFFICERS, AGENTS AND EMPLOYEES, SUCH DUTIES AND POWERS
AS IT MAY DEEM PROPER.
4. NO OFFICER OR MEMBER OF THE CONSERVANCY SHALL RECEIVE ANY ADDI-
TIONAL COMPENSATION, EITHER DIRECT OR INDIRECT, OTHER THAN REIMBURSEMENT
FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF HIS
DUTIES, BY REASON OF HIS SERVING AS A MEMBER, DIRECTOR, OR TRUSTEE OF
THE CONSERVANCY.
5. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, GENERAL,
SPECIAL OR LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE, OR OF ANY CIVIL
DIVISION THEREOF, OR ANY PUBLIC BENEFIT CORPORATION, SHALL BE DEEMED TO
HAVE FORFEITED OR SHALL FORFEIT HIS OFFICE OR EMPLOYMENT BY REASON OF
HIS ACCEPTANCE OF MEMBERSHIP ON THE CONSERVANCY CREATED BY THIS SECTION.
6. THE CONSERVANCY SHALL HAVE THE POWER TO:
(A) TO SUE ON CAUSES OF ACTION CONSISTENT WITH THE PURPOSES AND ITS
RESPONSIBILITIES UNDER THIS ARTICLE AND WITH RESPECT TO CONTRACTS TO
WHICH IT IS A PARTY, BUT NOT FOR GENERAL ENFORCEMENT OF STATE OR LOCAL
ENVIRONMENTAL OR PLANNING LAWS, PROVIDED THAT THE RIGHT TO SUE, OTHER
S. 59--A 66 A. 159--A
THAN WITH RESPECT TO CONTRACTS, TO WHICH IT IS A PARTY, SHALL BE LIMITED
TO CAUSES OF ACTION ARISING WITHIN THE BOUNDARIES OF THE GREENWAY; AND
TO BE SUED;
(B) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
MENT AND MAKE RULES AND REGULATIONS GOVERNING THE USE OF ITS PROPERTY
AND FACILITIES;
(C) TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY
OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS
ARTICLE;
(D) ACQUIRE, HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY FOR ITS
CORPORATE PURPOSES;
(E) TO CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
(F) TO CONTRACT FOR AND TO ACCEPT ASSISTANCE, INCLUDING BUT NOT LIMIT-
ED TO GIFTS, GRANTS OR LOANS OF FUNDS OR OF PROPERTY FROM THE FEDERAL
GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR FROM ANY AGENCY
OR INSTRUMENTALITY OF THE STATE, OR FROM ANY OTHER PUBLIC OR PRIVATE
SOURCE AND TO COMPLY, SUBJECT TO THE PROVISIONS OF THIS ARTICLE, WITH
THE TERMS AND CONDITIONS THEREOF, SUBJECT TO THE APPLICABLE GENERAL
POLICIES OF THE DIRECTOR OF THE BUDGET;
(G) TO CONTINUE THE EXISTING SUBSIDIARY NONPROFIT CORPORATION AND
CREATE COMMITTEES AND APPOINT MEMBERS THERETO TO ASSIST AND ADVISE THE
CONSERVANCY IN CARRYING OUT ITS FUNCTIONS, POWERS AND DUTIES AND IN
COORDINATING THE ACTIVITIES OF THE CONSERVANCY WITH STATE AND LOCAL
AGENCIES FUNCTIONING WITHIN THE HUDSON RIVER VALLEY;
(H) TO SUBMIT TITLE TO ALL INTERESTS OR RIGHTS IN REAL PROPERTY
PROPOSED TO BE ACQUIRED BY THE CONSERVANCY FOR EXAMINATION AND APPROVAL
BY THE ATTORNEY GENERAL OF THE STATE WHO SHALL ALSO FURNISH ANY AND ALL
NECESSARY LEGAL SERVICES AND ADVICE REQUIRED TO ASSIST THE CONSERVANCY
IN ACCOMPLISHING ITS CORPORATE PURPOSES; AND
(I) TO EXERCISE AND PERFORM SUCH OTHER POWERS AND DUTIES AS SHALL HAVE
BEEN OR MAY BE FROM TIME TO TIME CONVEYED OR IMPOSED BY LAW.
7. THE CONSERVANCY SHALL ENCOURAGE INDIVIDUALS, CORPORATIONS, ASSOCI-
ATIONS, ORGANIZATIONS AND PUBLIC AGENCIES TO PRESERVE AND ENHANCE THE
NATURAL SCENIC BEAUTY AND HERITAGE OF THE HUDSON RIVER VALLEY AND THE
LANDS, WATER, EXEMPLARY NATURAL COMMUNITIES, HISTORIC, AESTHETIC AND
CULTURAL RESOURCES OF THE HUDSON RIVER VALLEY, AS WELL AS MANAGE AND
CONSERVE THE FISH, WILDLIFE AND ENDANGERED PLANT AND ANIMAL SPECIES, AND
TO INCREASE PUBLIC ACCESS TO THE WATERS OF THE HUDSON RIVER, AND MAY AND
MAKE GRANTS TO MUNICIPALITIES AND NON-PROFIT ENTITIES WITHIN THE GREEN-
WAY THEREFOR.
8. THE CONSERVANCY SHALL PROVIDE TECHNICAL ASSISTANCE TO COUNTY AND
LOCAL OFFICIALS, LANDOWNERS AND INTERESTED ORGANIZATIONS TO FURTHER THE
PROTECTION, PRESERVATION AND ENHANCEMENT OF THE UNIQUE RESOURCES OF THE
GREENWAY.
9. THE CONSERVANCY MAY DO ANY AND ALL THINGS NECESSARY OR CONVENIENT
TO CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY THIS ARTICLE
INCLUDING, BUT NOT LIMITED, TO CONTRACTING WITH THE SECRETARY OF STATE
TO ADMINISTER ANY OF THE PROVISIONS OF THIS ARTICLE.
10. THE DEPARTMENT OF STATE AND ALL OTHER STATE OFFICERS, DEPARTMENTS,
BOARDS, DIVISIONS, COMMISSIONS, PUBLIC AUTHORITIES AND PUBLIC BENEFIT
CORPORATIONS MAY RENDER SUCH SERVICES TO THE CORPORATION WITHIN THEIR
RESPECTIVE FUNCTIONS AS MAY BE REQUESTED BY THE CONSERVANCY.
S 937. GREENWAY TRAIL. 1. THE CONSERVANCY SHALL DESIGNATE AND DEVELOP
OR CAUSE TO BE DEVELOPED A TRAIL OR PATHWAY SYSTEM CONSISTENT WITH THE
GREENWAY CRITERIA CONNECTING THE CITY OF NEW YORK FROM THE SOUTHERNMOST
BOUNDARY OF THE AREA DESIGNATED AS THE GREENWAY TO THE ERIE CANAL LOCK
S. 59--A 67 A. 159--A
TWO PARK IN THE TOWN OF WATERFORD, SARATOGA COUNTY TO BE KNOWN AS THE
HUDSON RIVER VALLEY GREENWAY TRAIL. TO THE FULLEST EXTENT PRACTICABLE,
THE TRAIL SHALL:
A. BE LOCATED WITH DIRECT PHYSICAL OR, IF NOT PHYSICAL, VISUAL ACCESS
TO THE HUDSON RIVER;
B. BE PLANNED FOR BOTH SIDES OF THE HUDSON RIVER;
C. HAVE SEGMENTS THAT CAN BE RESTRICTED TO NON-MOTORIZED USE;
D. UTILIZE EXISTING HERITAGE TRAILS, BIKEWAYS, SCENIC HIGHWAYS, RAIL-
ROAD RIGHTS OF WAY AND ESPLANADES AND MAKE CONNECTIONS WITH OTHER TRAILS
INCLUDING TRAILS ALONG TRIBUTARIES OF THE HUDSON RIVER;
E. HIGHLIGHT AND LINK EXISTING PARKS, HERITAGE AREAS AND HISTORIC
SITES;
F. PROVIDE FOR INTERPRETIVE SIGNAGE AND OPPORTUNITIES TO EXPERIENCE
THE UNIQUE NATURAL AND CULTURAL HERITAGE OF THE VALLEY;
G. REFLECT THE NATURAL AND CULTURAL DIVERSITY;
H. INVOLVE STATE AND LOCAL AGENCIES AND PRIVATE ORGANIZATIONS IN THE
PLANNING, DEVELOPMENT AND MAINTENANCE OF THE TRAIL OF THE GREENWAY;
I. USE THE SERVICES OF LOCAL SCHOOL DISTRICTS AND THE YOUTH CONSERVA-
TION CORPS TO PARTICIPATE IN TRAIL DEVELOPMENT AND MAINTENANCE;
J. HAVE SEGMENT MANAGEMENT PLANS PREPARED FOR EACH SEGMENT OF THE
TRAIL TO ASSURE UNIFORM MAINTENANCE AND UPKEEP; AND
K. HAVE CONNECTIONS TO PATHWAYS THAT HIGHLIGHT THE CHARACTER AND
RESOURCES OF THE COUNTRYSIDE COMMUNITIES.
2. THE GREENWAY TRAIL TO THE EXTENT PRACTICABLE SHALL BE COMPLETED ON
OR BEFORE JUNE FIRST, TWO THOUSAND FIFTEEN.
3. THE CONSERVANCY, THE DEPARTMENT OF STATE, THE OFFICE OF PARKS,
RECREATION AND HISTORIC PRESERVATION, THE DEPARTMENT OF TRANSPORTATION,
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE OFFICE OF GENERAL
SERVICES ARE HEREBY AUTHORIZED AND DIRECTED TO SUPPORT AND ASSIST IN THE
PLANNING AND DEVELOPMENT OF THE TRAIL.
S 939. PLANS DEVELOPED UNDER ARTICLE FORTY-FOUR OF THE ENVIRONMENTAL
CONSERVATION LAW. ALL PLANS PREPARED BY PARTICIPATING COMMUNITIES AND
COUNTIES, INCLUDING REGIONAL AND COMPACT PLANS, UNDER ARTICLE FORTY-FOUR
OF THE ENVIRONMENTAL CONSERVATION LAW SHALL HAVE THE SAME FORCE, VALIDI-
TY AND EFFECT AS IF THEY WERE PREPARED UNDER THIS ARTICLE.
S 3. Subdivisions 2 and 3 of section 285-b of the agriculture and
markets law, as amended by section 2 of part Z of chapter 383 of the
laws of 2001, are amended to read as follows:
2. The advisory council, in consultation with the [Hudson river valley
greenway communities council] SECRETARY OF STATE, the upstate New York
tourism council and the downstate New York tourism council, may recom-
mend programs and promotional activities designed to preserve and
enhance Hudson valley region tourism and agricultural open space,
address issues affecting the viability of agriculture including real
property tax policies and promote greater agricultural marketing and
promotional opportunities for the region's agricultural producers to the
department.
3. From time to time, but at least every two years, the advisory coun-
cil shall issue a report evaluating such programs and promotional activ-
ities to be transmitted to the commissioner, the [chairperson of the
Hudson river valley greenway communities council] SECRETARY OF STATE,
the chairperson of the upstate New York tourism council, and the chair-
person of the downstate New York tourism council and, upon request, any
other interested party. The advisory council shall also do all other
things necessary and proper for the completion of a feasibility study of
developing a tour of the Hudson valley to be known as "The Hudson Valley
S. 59--A 68 A. 159--A
Ag Trail" to highlight the unique and significant agricultural and
natural resources of the Hudson valley region.
S 4. Subdivision 2 of section 285-b of the agriculture and markets
law, as amended by chapter 571 of the laws of 2008, is amended to read
as follows:
2. The advisory council, in consultation with the [Hudson river valley
greenway communities council] SECRETARY OF STATE, the upstate New York
tourism council, and the downstate New York tourism council, may recom-
mend programs and promotional activities designed to preserve and
enhance Hudson valley region tourism and agricultural open space,
address issues affecting the viability of agriculture, including real
property tax policies and municipal land use issues, and promote greater
agricultural marketing and promotional opportunities for the region's
agricultural producers to the department.
S 5. Subdivision 1 of section 349-cc of the highway law, as amended by
chapter 399 of the laws of 2005, is amended to read as follows:
1. An advisory board of state agencies with responsibilities related
to the designation and management of scenic byways and not-for-profit
organizations related to the promotion and development of scenic byways
is hereby formed to advise and assist the department in the operation of
its scenic byways program. The advisory board shall consist of one
member appointed by the temporary president of the senate, one member
appointed by the speaker of the assembly, the secretary of state, and
the commissioners of the department of agriculture and markets, the
[department of economic development] URBAN DEVELOPMENT CORPORATION, and
the department of environmental conservation, and the office of parks,
recreation and historic preservation or their duly designated represen-
tatives. The commissioner shall appoint as members of the advisory board
the chief executive officer, or his or her duly authorized represen-
tative, of not-for-profit organizations related to the promotion and
development of a scenic byway designated pursuant to this article, three
representatives of organizations concerned with the preservation of
scenic qualities, the motoring public and tourism development and
members or representatives of the upstate New York tourism council and
of the downstate New York tourism council. The commissioner, or his or
her duly designated representative, shall serve as chair. Members of the
advisory board shall receive no pay, but shall be eligible to receive
actual and necessary expenses from their respective agencies, or for the
expenses of representatives of organizations related to the promotion
and development of a scenic byway, the preservation of scenic qualities,
the motoring public and tourism development, from the department. The
advisory board shall consult with the Adirondack Park Agency regarding
scenic byways within the Adirondack Park. The advisory board shall also
consult with the [Hudson River Valley Communities Council] SECRETARY OF
STATE regarding scenic byways within the Hudson River Valley Greenway as
defined in article [forty-four of the environmental conservation law]
FORTY-TWO-A OF THE EXECUTIVE LAW. The advisory board shall consult with
the Niagara River Greenway Commission regarding scenic byways within the
Niagara River Greenway as defined in article thirty-nine of the parks,
recreation and historic preservation law. The advisory board shall
consult with the upstate New York tourism council regarding scenic
byways in the upstate New York region, and with the downstate New York
tourism council regarding scenic byways in the downstate New York
region.
S 6. Subdivision 5 of section 46-a of the navigation law, as amended
by chapter 225 of the laws of 1995, is amended to read as follows:
S. 59--A 69 A. 159--A
(5) The local legislative body of any city, town or village which is a
participating community as defined in [subdivision ten of section
44-0103 of the environmental conservation law] SUBDIVISION EIGHT OF
SECTION NINE HUNDRED TWENTY-FIVE OF THE EXECUTIVE LAW may adopt, amend
and enforce local laws, rules and regulations not inconsistent with the
laws of this state or the United States or with the Hudson river valley
greenway compact, with respect to the restriction and regulation of the
manner of construction and location of boathouses, moorings and docks in
any waters within or bounding the respective municipality to a distance
of fifteen hundred feet from the shoreline. Nothing in this subdivision
or in article [forty-four of the environmental conservation law] FORTY-
TWO-A OF THE EXECUTIVE LAW or in the Hudson river valley greenway
compact produced pursuant to such article, shall be deemed to affect,
impair or supersede the provisions of any charter, local law, rule or
other local requirements and procedures heretofore or hereafter adopted
by such participating community, including, but not limited to, any such
provisions relating to the zoning and use of land or any waters within
or bounding such participating community to a distance of fifteen
hundred feet from the shoreline.
S 7. Transfer of appropriations. As approved by the director of the
budget, appropriations made to the Hudson river valley greenway or the
Hudson river valley greenway communities council, to the extent of
remaining unexpended balances, shall be transferred by the comptroller
to and made available for use by the secretary of state for the payment
of liabilities heretofore incurred by the Hudson river valley greenway
or the Hudson river valley greenway communities council. Payments for
liabilities for expenses of personal service, maintenance and operation
heretofore incurred by the Hudson river valley greenway or the Hudson
river valley greenway communities council and for liabilities incurred
and to be incurred shall be made on vouchers or certificates approved by
the director of administration and management of the department of state
on audit and warrant of the comptroller.
S 8. Transfer of assets and liabilities. All assets and liabilities of
the Hudson river valley greenway and the Hudson river valley greenway
communities council, are hereby transferred and assigned to, assumed by
and devolved upon the department of state.
S 9. Transfer of records. All books, papers, records and property of
the Hudson river valley greenway and the Hudson river valley greenway
communities council are transferred and assigned to the department of
state.
S 10. Completion of unfinished business. Any business or other matter
undertaken or commenced by the Hudson river valley greenway and the
Hudson river valley greenway communities council and pending on the
effective date of this act may be conducted and completed by the depart-
ment of state, and/or the secretary of state, as appropriate, in the
same manner and under the same terms and conditions and with the same
effect as if conducted by the Hudson river valley greenway or the Hudson
river valley greenway communities council, as appropriate.
S 11. Continuity of authority. For the purpose of succession to all
functions, powers, duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the department of
state, and/or the secretary of state, as appropriate, shall be deemed
and held to constitute the continuation of the Hudson river valley
greenway and the Hudson river valley greenway communities council
pertaining to the powers and functions herein transferred.
S. 59--A 70 A. 159--A
S 12. Terms occurring in laws, contracts and documents. Whenever the
Hudson river valley greenway or the Hudson river valley greenway commu-
nities council or the chairman or the executive director thereof, is
referred to or designated in laws, contracts or documents, the depart-
ment of state or the secretary of state, as appropriate, shall be
substituted.
S 13. Transfer of employees. Upon the transfer of the functions,
powers, duties, obligations and assets of the Hudson river valley green-
way and the Hudson river valley greenway communities council to the
secretary of state and the department of state pursuant to this act,
employees transferred therefrom to the department of state, if any, as
determined by the director of the budget in consultation with the secre-
tary of state, shall be transferred in accordance with the provisions of
section 70 of the civil service law without further examination or qual-
ification and shall retain their respective civil service classifica-
tions and status.
S 14. Existing rights and remedies provided. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
this act.
S 15. Pending actions and proceedings. No action pending at the time
this act takes effect, brought by or against the Hudson river valley
greenway or the Hudson river valley greenway communities council or the
chairman or executive director thereof, shall be affected by any
provision of this act, but the same may be prosecuted or defended in the
name of the secretary of state or department of state as appropriate,
and the proper party shall, upon application to the court, be substi-
tuted as a party.
S 16. Continuation of rules and regulations. All rules, regulations,
acts, determinations and decisions of the Hudson river valley greenway
and the Hudson river valley greenway communities council pertaining to
the functions herein transferred and assigned, in force at the time of
such transfer, assignment, assumption or devolution shall continue in
force and effect as rules, regulations, acts, determinations and deci-
sions of the secretary of state in accordance with the context therefor,
until duly modified or abrogated by the secretary of state.
S 17. Severability clause. If any clause, sentence, paragraph, section
or part of this act shall be adjudged by a court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair, or invali-
date the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
S 18. Subdivisions four and five of section 97-n of the state finance
law, as added by chapter 748 of the laws of 1991, are amended to read as
follows:
4. Moneys of such fund shall be available for appropriation and allo-
cation only to the [Hudson river valley greenway communities council]
DEPARTMENT OF STATE and the greenway [heritage] conservancy [of the
Hudson river valley] for the purposes of carrying out the provisions of
article [forty-four] FORTY-TWO-A of the [environmental conservation]
EXECUTIVE law.
5. The moneys of the fund shall be paid out on the audit and warrant
of the comptroller on vouchers certified or approved by the [chairman of
the Hudson river valley greenway communities council] SECRETARY OF STATE
or his OR HER duly designated representative from the greenway communi-
S. 59--A 71 A. 159--A
ties council account and by the [chairman] CHAIR of the greenway [herit-
age] conservancy from the greenway heritage conservancy account.
S 19. Article 44 of the environmental conservation law is REPEALED.
S 20. This act shall take effect on March 1, 2009, provided, however,
that subdivision 9 of section 933 of the executive law added by section
two of this act shall expire and be deemed repealed on December 31,
2012; and provided further that section four of this act shall take
effect on the same date and in the same manner as chapter 571 of the
laws of 2008 takes effect.
PART II
Section 1. Subdivision 1 of section 133-a of the agriculture and
markets law, as amended by chapter 233 of the laws of 1996, is amended
to read as follows:
1. Any person who distributes in this state any feed ingredient or
commercial feed, except a pet food or specialty pet food, shall pay to
the commissioner a tonnage fee at the rate of [five] TEN cents per ton
for each ingredient or feed distributed, subject to the following:
(a) No fee shall be paid on a feed ingredient or commercial feed if
payment has been made for the particular ingredient or feed by a previ-
ous distributor;
(b) No fee shall be paid on a customer-formula feed if the tonnage fee
has been paid on the commercial feeds which are used as ingredients
therein[;
(c) No fee shall be paid by persons distributing less than one hundred
tons per year of any feed ingredient or commercial feed in this state].
S 2. The second undesignated paragraph of section 251-z-3 of the agri-
culture and markets law, as amended by chapter 80 of the laws of 2006,
is amended to read as follows:
The applicant shall furnish evidence of his or her good character,
experience and competency, that the establishment has adequate facili-
ties and equipment for the business to be conducted, that the establish-
ment is such that the cleanliness of the premises can be maintained,
that the product produced therein will not become adulterated and, if
the applicant is a retail food store, that the applicant has an individ-
ual in a position of management or control who has completed an approved
food safety education program pursuant to section two hundred fifty-one-
z-twelve of this article. The commissioner, if so satisfied, shall issue
to the applicant, upon payment of the license fee of [two] FOUR hundred
dollars, a license to operate the food processing establishment
described in the application. HOWEVER, THE LICENSE FEE SHALL BE NINE
HUNDRED DOLLARS FOR A FOOD PROCESSING ESTABLISHMENT DETERMINED BY THE
COMMISSIONER, PURSUANT TO DULY PROMULGATED REGULATIONS, TO REQUIRE MORE
INTENSIVE REGULATORY OVERSIGHT DUE TO THE VOLUME OF THE PRODUCTS
PRODUCED, THE POTENTIALLY HAZARDOUS NATURE OF THE PRODUCT PRODUCED OR
THE MULTIPLE NUMBER OF PROCESSING OPERATIONS CONDUCTED IN THE ESTABLISH-
MENT. The license application for retail food stores shall be accompa-
nied by documentation in a form approved by the commissioner which
demonstrates that the food safety education program requirement has been
met. The license shall take effect on the date of issuance and continue
until the last day of the applicable license period set forth in this
section.
S 3. Subdivision 5 of section 500 of the agriculture and markets law,
as added by section 8 of part I1 of chapter 62 of the laws of 2003, is
amended to read as follows:
S. 59--A 72 A. 159--A
5. Licensure. No person shall maintain or operate a retail food store,
food service establishment or food warehouse unless such establishment
is licensed pursuant to the provisions of this article, provided, howev-
er, that establishments registered, permitted or licensed by the depart-
ment pursuant to other provisions of this chapter, under permit and
inspection by the state department of health or by a local health agency
which maintains a program certified and approved by the state commis-
sioner of health, or subject to inspection by the United States depart-
ment of agriculture pursuant to the federal meat, poultry or egg
inspection programs, shall be exempt from licensure under this article.
Application for licensure of a retail food store, food service estab-
lishment or food warehouse shall be made, upon a form prescribed by the
commissioner, on or before December first of every other year for the
registration period beginning January first following. Upon submission
of a completed application, together with the applicable licensing fee,
the commissioner shall license the retail food store, food service
establishment or food warehouse described in the application for two
years from the applicable registration commencement period set forth in
this section. The licensing fee shall be [one hundred] TWO HUNDRED FIFTY
dollars provided, however, that food warehouses shall pay a licensing
fee of [two] FOUR hundred dollars. [The commissioner shall prorate the
licensing fee for any person licensed after the commencement of the
licensing period.]
S 4. The agriculture and markets law is amended by adding three new
sections 137-b, 137-c, and 142-a to read as follows:
S 137-B. LICENSING. A. NO PERSON WHOSE LABEL IS APPLIED TO ANY KIND
OR VARIETY OF SEED SHALL SELL OR OFFER FOR SALE SUCH SEED IN THE STATE
WITHOUT FIRST RECEIVING FROM THE COMMISSIONER A LICENSE TO CONDUCT SUCH
ACTIVITY. NO PERSON SHALL SELL OR OFFER FOR SALE ANY KIND OR VARIETY OF
SEED FOR RESALE IN THE STATE WITHOUT FIRST RECEIVING A LICENSE FROM THE
COMMISSIONER TO CONDUCT SUCH ACTIVITY, PROVIDED HOWEVER, THAT A LICENSE
SHALL NOT BE REQUIRED IF THE LABELER OF SUCH SEED IS LICENSED PURSUANT
TO THIS SECTION. APPLICATION FOR A LICENSE, UPON A FORM PRESCRIBED BY
THE COMMISSIONER, SHALL BE MADE ON OR BEFORE JULY FIRST FOR THE LICENSE
YEAR BEGINNING THE FOLLOWING AUGUST FIRST, AND BIENNIALLY THEREAFTER,
AND SHALL BE ACCOMPANIED BY A BIENNIAL LICENSE FEE OF ONE HUNDRED
DOLLARS.
B. THE COMMISSIONER IS AUTHORIZED AND EMPOWERED TO SUSPEND OR REVOKE
ANY LICENSE ISSUED PURSUANT TO THIS ARTICLE, OR TO REFUSE TO GRANT OR
RENEW ANY LICENSE UPON FINDING, AFTER NOTICE AND OPPORTUNITY FOR HEAR-
ING, THAT:
1. THE LICENSEE OR APPLICANT HAS USED FRAUDULENT OR DECEPTIVE PRAC-
TICES IN THE EVASION OR ATTEMPTED EVASION OF THE PROVISIONS OF THIS
ARTICLE OR OF ANY RULES OR REGULATIONS PROMULGATED HEREUNDER;
2. INFORMATION FURNISHED IN THE LICENSE APPLICATION IS FALSE OR
MISLEADING;
3. INFORMATION FURNISHED IN CONNECTION WITH THE SALE OF SEEDS COVERED
BY THIS ARTICLE IS MISLEADING OR DECEPTIVE OR TENDS TO MISLEAD OR
DECEIVE AS TO THE QUALITY OF SUCH SEEDS, OR THE CONSTITUENTS OR MATERI-
ALS OF WHICH SUCH SEEDS ARE COMPOSED;
4. THE COMMISSIONER HAS DETERMINED THAT THE LICENSEE OR APPLICANT HAS
FAILED TO PAY THE FEES SET FORTH IN THIS SECTION AND SECTION ONE HUNDRED
THIRTY-SEVEN-C OF THIS ARTICLE; OR
5. THE LICENSEE OR APPLICANT HAS VIOLATED ANY PROVISIONS OF THIS CHAP-
TER.
S. 59--A 73 A. 159--A
S 137-C. REPORTS AND FEES. A. EACH LICENSEE SHALL PROVIDE THE COMMIS-
SIONER WITH A REPORT OF THE VOLUME OF SALES OF SEEDS SOLD IN THIS STATE
TO PERSONS NOT REQUIRED TO BE LICENSED UNDER THIS ARTICLE. THE LICENSEE
SHALL PAY TO THE COMMISSIONER A FEE OF TWENTY-FIVE CENTS PER ONE HUNDRED
DOLLARS OF GROSS ANNUAL DOLLAR VOLUME SALES. THE REPORT AND FEE SHALL BE
REMITTED ON OR BEFORE SEPTEMBER FIRST OF EACH YEAR. THE FEE SHALL BE
CALCULATED BASED UPON SALES IN NEW YORK DURING THE CALENDAR YEAR IMME-
DIATELY PRECEDING.
B. INFORMATION FURNISHED TO THE DEPARTMENT UNDER THIS SECTION SHALL BE
EXEMPT FROM DISCLOSURE TO THE EXTENT AUTHORIZED BY ARTICLE SIX OF THE
PUBLIC OFFICERS LAW.
C. THE LICENSEE SHALL MAKE SUCH REPORTS AS THE COMMISSIONER MAY
REQUIRE.
S 142-A. MISCELLANEOUS SPECIAL REVENUE FUND ACCOUNT. NOTWITHSTANDING
ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL FEES COLLECTED PURSUANT
TO THIS ARTICLE SHALL BE DEPOSITED IN AN ACCOUNT WITHIN THE MISCELLA-
NEOUS SPECIAL REVENUE FUND.
S 5. This act shall take effect immediately; provided however, that
section four of this act shall take effect on the sixtieth day after it
shall have become law; and any rule or regulation necessary for the
implementation of the provisions of section four of this act on its
effective date may be promulgated on or before such effective date.
PART JJ
Section 1. Subdivisions a, b, c, d, e, f, g, h, q and r of section
72-0602 of the environmental conservation law, subdivisions a and b as
amended by chapter 62 of the laws of 1989, subdivisions c, d, e, f, g
and h as amended by section 1 of part T1 of chapter 62 of the laws of
2003 and subdivision q as added and subdivision r as amended by section
1 of part Q of chapter 59 of the laws of 2004, are amended to read as
follows:
a. [$100.00] $300.00 for any P/C/I facilities having a permit to
discharge or discharging at an average daily rate of less than 100,000
gallons;
b. [$200.00] $600.00 for P/C/I facilities having a permit to discharge
or discharging at an average daily rate of 100,000 gallons or more;
c. [$475.00] $600.00 for industrial facilities having a permit to
discharge or discharging at an average daily rate of less than 10,000
gallons;
d. [$1,575.00] $2,000.00 for industrial facilities having a permit to
discharge or discharging at an average daily rate of between 10,000
gallons and 99,999 gallons;
e. [$4,750.00] $6,000.00 for industrial facilities having a permit to
discharge or discharging at an average daily rate of between 100,000
gallons and 499,999 gallons;
f. [$15,750.00] $20,000.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of between 500,000
and 999,999 gallons;
g. [$23,500.00] $30,000.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of between
1,000,000 and 9,999,999 gallons;
h. [$47,000.00] $50,000.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of 10,000,000
gallons or more;
S. 59--A 74 A. 159--A
q. [$50.00] $100.00 per acre disturbed plus [$300.00] $600.00 per
future impervious acre for any facility, not owned or managed by a local
government or a state department, agency, or authority, discharging or
authorized to discharge pursuant to a SPDES permit for stormwater
discharges from construction activity. For the purposes of this subdivi-
sion, acres disturbed are acres subject to clearing, grading, or exca-
vating subject to SPDES permitting and future impervious acres are acres
that will be newly paved or roofed during construction;
r. $50.00 FOR A MEDIUM CONCENTRATED ANIMAL FEEDING OPERATION DISCHARG-
ING OR AUTHORIZED TO DISCHARGE PURSUANT TO A GENERAL PERMIT;
S. $50.00 FOR A LARGE CONCENTRATED ANIMAL FEEDING OPERATION DISCHARG-
ING OR AUTHORIZED TO DISCHARGE PURSUANT TO A GENERAL PERMIT;
T. [$50.00] $100.00 for any facility, other than a municipal separate
storm sewer as defined by 40 CFR S122.26 (b) (8), discharging or author-
ized to discharge pursuant to a general permit[;] unless a [higher]
SPECIFIC fee is imposed pursuant to subdivisions a through q of this
section for such discharge or authorization to discharge, provided that
the department may by regulation, establish a general permit fee lower
than the permit fee imposed pursuant to subdivisions a through [q] S of
this section.
S 2. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART KK
Section 1. Subdivision 4 of section 11-0701 of the environmental
conservation law, as amended by chapter 470 of the laws of 1994, is
amended to read as follows:
4. A fishing license entitles the holder to take fish, EXCEPT TROUT
AND SALMON (TROUT, LAKE TROUT, LANDLOCKED SALMON, AND PACIFIC SALMON),
by angling, spearing, hooking, longbow and tipups, to take frogs by
spearing, catching with the hands or by use of a club or hook, and to
take bait fish for personal use, as provided in titles 9 and 13.
S 2. Subdivision 16 of section 11-0701 of the environmental conserva-
tion law, as added by section 17 of part F of chapter 82 of the laws of
2002, is amended to read as follows:
16. A conservation legacy license entitles the holder to fish, EXCEPT
FOR TROUT AND SALMON (TROUT, LAKE TROUT, LANDLOCKED SALMON, AND PACIFIC
SALMON), hunt wildlife, hunt big game with a longbow and a muzzle-load-
ing firearm during special seasons therefor, hunt turkey, enjoy the
benefits of a voluntary habitat stamp and receive the "New York State
Conservationist" magazine as if the holder of such license held sepa-
rately a resident super-sportsman license, a voluntary habitat stamp and
a subscription to the "New York State Conservationist" magazine.
S 3. Section 11-0701 of the environmental conservation law is amended
by adding a new subdivision 18 to read as follows:
18. A TROUT AND SALMON STAMP, WHEN ACCOMPANIED BY A LICENSE THAT
AUTHORIZES THE HOLDER TO FISH, ENTITLES THE HOLDER TO TAKE TROUT AND
SALMON.
S 4. Subdivisions 1 and 2 of section 11-0702 of the environmental
conservation law, as amended by section 18 of part F of chapter 82 of
the laws of 2002, are amended to read as follows:
1. There are hereby created the following lifetime hunting, fishing,
trapping, archery and muzzle-loading licenses and fees therefor subject
to the same privileges and obligations of a comparable short term
license:
S. 59--A 75 A. 159--A
Licenses Fees
a. Lifetime sportsman
license and turkey
permit. If purchased,
for a child four years
of age or younger $300.00
for a child age five through
eleven years of age $420.00
for a person age twelve through
sixty-four years of age $600.00
for a person age sixty-five
and over. $ 50.00
b. Lifetime small and
big game license. $350.00
c. Lifetime fishing
license. $350.00
d. Lifetime trapping
license. $300.00
e. Lifetime archery
stamp. $180.00
f. Lifetime muzzle-
loading stamp. $180.00
G. LIFETIME TROUT AND
SALMON STAMP. $110.00
The holder of a lifetime small and big game license or fishing license
may, at any time, convert such license to a lifetime sportsman license
and turkey permit for an additional fee equal to the existing differen-
tial.
2. Legal residency within the state of New York shall be a prerequi-
site for persons to obtain, or have obtained for them, any lifetime
licenses included within this section. Lifetime licenses so obtained
shall continue to be valid for use within the state by the person to
whom the lifetime license was issued, regardless of a change in residen-
cy of that lifetime license holder. Holders of lifetime licenses which
include lifetime big game privileges who become non-residents of the
state may continue to obtain resident bowhunting and muzzle-loading
stamps, including lifetime archery and muzzle-loading stamps. Holders of
lifetime licenses which include bowhunting and muzzle-loading privileges
who become non-residents of the state may continue to obtain resident
big game privileges, including lifetime sportsman or small and big game
licenses. An annual turkey permit will be granted at no additional fee
as an additional privilege of all existing lifetime sportsman licenses.
A LIFETIME TROUT AND SALMON STAMP WILL BE GRANTED AT NO ADDITIONAL FEE
AS AN ADDITIONAL PRIVILEGE OF ALL LIFETIME SPORTSMAN LICENSES AND LIFE-
TIME FISHING LICENSES EXISTING AS OF OCTOBER FIRST, TWO THOUSAND NINE.
Possession of lifetime licenses is nontransferable.
S. 59--A 76 A. 159--A
S 5. Subdivision 4 of section 11-0703 of the environmental conserva-
tion law is amended by adding a new paragraph f to read as follows:
F. ONLY PERSONS WHO POSSESS A RESIDENT OR NON-RESIDENT LICENSE THAT
ENTITLES THE HOLDER TO FISH ARE ELIGIBLE FOR A TROUT AND SALMON STAMP.
S 6. Subdivisions 2 and 3 of section 11-0715 of the environmental
conservation law, subdivision 2 as amended by chapter 418 of the laws of
2004, and subdivision 3 as amended by chapter 344 of the laws of 2008,
are amended to read as follows:
2. A resident in the state for thirty days immediately prior to the
date of application who has attained the age of seventy is entitled to
receive all licenses, stamps, tags, buttons, and permits authorized by
this title for which he or she is eligible, except turkey permits,
renewable each year for a five dollar fee; a member of the Shinnecock
tribe or the Poospatuck tribe or a member of the six nations, residing
on any reservation wholly or partly within the state, is entitled to
receive free of charge a fishing license, a small and big game license,
a sportsman license, a muzzle-loading stamp, a trapping license, A TROUT
AND SALMON STAMP, and a bow hunting stamp; a resident of the state who
is a member of the United States armed forces in active service who is
not stationed within the state and has not been herein longer than thir-
ty days on leave or furlough, is entitled to receive free of charge a
fishing license, a small and big game license, and a trapping license;
an active member of the organized militia of the state of New York as
defined by section one of the military law, or the reserve components of
the armed forces of the United States, and excluding members of the
inactive national guard and individual ready reserve, is entitled to
receive free of charge a fishing license, a small and big game license,
and a trapping license; and a resident who is blind is entitled to
receive a fishing license free of charge. For the purposes of this
subdivision a person is blind only if either: (a) his or her central
visual acuity does not exceed 20/200 in the better eye with correcting
lenses, or (b) his or her visual acuity is greater than 20/200 but is
accompanied by a limitation of the field of vision such that the widest
diameter of the visual field subtends an angle no greater than 20
degrees.
A resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of sixty-five is
entitled to receive a sportsman license at the cost of five dollars as a
license fee.
3. Each applicant for a license, permit or stamp shall pay to the
issuing officer a fee, according to the license, permit or stamp issued
and the residence or other qualification of the applicant.
a. In the case of persons who have been residents of the state for
[more than] thirty days OR MORE immediately preceding the date of appli-
cation or who are enrolled in a full-time course at a college or univer-
sity within the state and who are in residence in the state for the
school year, Indians residing off reservations in the state and members
of the United States armed forces in active service stationed in this
state regardless of place of residence at the time of entry into
service:
License Fee
(1) Super-sportsman $68.00
(2) Sportsman $37.00
(3) Small and big game $19.00
(4) Fishing $19.00
(5) Trapping $16.00
S. 59--A 77 A. 159--A
(6) Small game $16.00
(7) Junior trapping $ 6.00
(8) Muzzle-loading stamp $16.00
(9) Bowhunting stamp $16.00
(10) Turkey permit $ 5.00
(11) Seven-day fishing $12.00
(12) Conservation legacy $76.00
(13) TROUT AND SALMON STAMP $10.00
b. In the case of a non-resident and persons resident in the state for
less than thirty days, other than persons who are enrolled in a full-
time course at a college or university within the state and who are in
residence in the state for the school year and those members of the
United States armed forces as to whom fees are specified in paragraph a
of this subdivision:
License Fee
(1) Big game $110.00
(2) Small game $ 55.00
(3) Fishing $ 40.00
(4) Seven-day fishing $ 25.00
(5) Trapping $255.00
(6) Super-sportsman $250.00
(7) Bowhunting $110.00
(8) Muzzle-loading $110.00
(9) Bear tag $ 30.00
(10) Turkey permit $ 30.00
(11) TROUT AND SALMON STAMP $ 10.00
c. In all cases:
(1) Certificates in lieu of
lost license or stamp $ 5.00
(2) Duplicate for lost or destroyed
permit, button or tag $10.00
(3) Junior hunting license $ 5.00
(4) Junior archery license $ 9.00
(5) One-day fishing license [$15.00] $5.00
(6) Conservation patron license $12.00
S 7. This act shall take effect October 1, 2009; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.
PART LL
Section 1. Subdivisions 4 and 16 of section 11-0701 of the environ-
mental conservation law, subdivision 4 as amended by chapter 470 of the
laws of 1994, and subdivision 16 as added by section 17 of part F of
chapter 82 of the laws of 2002, are amended to read as follows:
4. A fishing license entitles the holder to take fish by angling,
spearing, hooking, longbow and tipups, to take frogs by spearing, catch-
ing with the hands or by use of a club or hook, and to take bait fish
for personal use, as provided in titles 9 and 13 OF THIS ARTICLE, EXCEPT
THAT SUCH LICENSE SHALL NOT ENTITLE THE HOLDER TO TAKE MIGRATORY FISH OF
THE SEA OR TO TAKE FISH FROM THE WATERS OF THE MARINE DISTRICT.
16. A conservation legacy license entitles the holder to fish, EXCEPT
FOR MIGRATORY FISH OF THE SEA OR FROM THE WATERS OF THE MARINE DISTRICT,
hunt wildlife, hunt big game with a longbow and a muzzle-loading firearm
S. 59--A 78 A. 159--A
during special seasons therefor, hunt turkey, enjoy the benefits of a
voluntary habitat stamp and receive the "New York State Conservationist"
magazine as if the holder of such license held separately a resident
super-sportsman license, a voluntary habitat stamp and a subscription to
the "New York State Conservationist" magazine.
S 2. Subdivision 6 of section 11-0707 of the environmental conserva-
tion law is REPEALED.
S 3. Subdivisions 1 and 5 of section 11-0713 of the environmental
conservation law, paragraph a of subdivision 1 as amended by section 4
of part D of chapter 61 of the laws of 2000, paragraph b of subdivision
1 as relettered by chapter 470 of the laws of 1994, paragraph d of
subdivision 1 as amended by chapter 108 of the laws of 1995 and subdivi-
sion 5 as added by chapter 316 of the laws of 1996 and as renumbered by
section 5 of part D of chapter 61 of the laws of 2000, are amended to
read as follows:
1. a. All licenses, stamps, tags, buttons, permits, and permit appli-
cations authorized by this title OR SECTION 13-0355 OF THIS CHAPTER, and
any additional privileges authorized by the department shall be issued
by[:
(1) clerks of a county, town or city, except a city having a popu-
lation of one million or more,
(2) clerks of a village having more than one thousand inhabitants
according to the last preceding federal census, or of a village in a
county of less than five hundred thousand inhabitants, adjoining a city
of over one million inhabitants, both according to such census, and
(3) License] LICENSE issuing officers as may be appointed by the
commissioner. Applicants for designation as license issuing officers
shall be over the age of eighteen years and shall meet such other
requirements of eligibility, including posting bond, as the department
may by regulation specify. Such issuing officers shall be entitled to
receive and keep the same fees for issuing licenses and stamps that are
specified in section 11-0715 of this [article for issuing clerks] TITLE
AND SECTION 13-0355 OF THIS CHAPTER, and shall file reports and remit
license fees to the appropriate regional environmental conservation
officer or the department as required by regulation.
b. Special antlerless deer licenses shall be issued by the department
as provided in subdivision 6 of section 11-0903 OF THIS ARTICLE.
[d.] C. One-day fishing licenses AND ONE-DAY RECREATIONAL MARINE FISH-
ING LICENSES may be issued by any person who has never been convicted of
or pleaded guilty to a misdemeanor under this chapter within the past
three years, and has not been convicted of a crime under any other law.
[One-day fishing] SUCH licenses shall be issued to any such person
following payment of [ten dollars] THE APPLICABLE LICENSE FEE for each
license. One-day fishing licenses AND ONE-DAY RECREATIONAL MARINE FISH-
ING LICENSES may be sold by the initial purchaser for no more than [ten
dollars as a] THE APPLICABLE license fee [and], PLUS one dollar for the
person selling such license. In the case of misuse or fraud in handling
the fishing licenses, the department shall have the authority to revoke
the privilege to buy and sell the licenses.
5. The commissioner [shall] MAY establish a toll-free telephone number
or a dedicated number for use to purchase sporting licenses by credit
card purchasers. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS
CHAPTER, THE COMMISSIONER MAY AUTHORIZE THE SALE OF LICENSES VIA THE
INTERNET, TELEPHONE OR MAIL AND ESTABLISH PROCEDURES THEREFOR, AND MAY,
THROUGH BULK SALES OR OTHERWISE, FURNISH LICENSES FOR RETAIL SALE TO
OUTDOOR AND RECREATIONAL OUTLETS AND NOT-FOR-PROFIT ORGANIZATIONS, AND
S. 59--A 79 A. 159--A
THE DEPARTMENT MAY SELL LICENSES AT DEPARTMENT FACILITIES. EXCEPT AS
PROVIDED IN SUBDIVISION 1 OF THIS SECTION, A LICENSE SOLD AT RETAIL
SHALL NOT BE SOLD FOR A PRICE WHICH EXCEEDS THE FEE FOR SUCH LICENSE
ESTABLISHED IN THE FISH AND WILDLIFE LAW.
S 4. Paragraph (a) of subdivision 4 of section 13-0350 of the environ-
mental conservation law, as amended by chapter 365 of the laws of 1994,
is amended to read as follows:
(a) To review the allocations and expenditures of the department for
the care, management, protection and enlargement of marine resources and
report to the commissioner by January first of each year. THE REPORT
SHALL INCLUDE RECOMMENDED MAXIMUM FEES FOR THE RECREATIONAL MARINE FISH-
ING LICENSES IDENTIFIED IN SECTION 13-0355 OF THIS TITLE. IN RECOMMEND-
ING SUCH FEES, THE COUNCIL SHALL CONSIDER ECONOMIC INDICATORS, THE
GENERAL FINANCIAL CONDITION OF THE SALTWATER RECREATIONAL FISHING INDUS-
TRY AND THE STATUS OF THE CONSERVATION FUND, INCLUDING THE VIABILITY OF
THE MARINE RESOURCES PROGRAM, AS IT MAY DEEM APPROPRIATE. THE COUNCIL
SHALL, BY SEPTEMBER FIRST OF EACH YEAR, SUBMIT THE PORTION OF SUCH
REPORT RELATED TO RECREATIONAL MARINE FISHING LICENSE FEES TO THE
CONSERVATION FUND ADVISORY BOARD ESTABLISHED PURSUANT TO SECTION 11-0327
OF THIS CHAPTER. The commissioner shall, by February first of each year,
submit such report, in its entirety, to the governor, the legislature
and interested individuals and organizations. Such report shall include
the findings of the advisory council regarding such allocations and
expenditures, including expenditures and appropriations from the conser-
vation fund and the extent to which such expenditures and appropriations
are consistent with the requirements of state law.
S 5. The environmental conservation law is amended by adding a new
section 13-0355 to read as follows:
S 13-0355. RECREATIONAL MARINE FISHING LICENSE.
1. DEFINITIONS OF LICENSES; PRIVILEGES. A. A RECREATIONAL MARINE
FISHING LICENSE ENTITLES THE HOLDER WHO IS SIXTEEN YEARS OF AGE OR OLDER
TO TAKE FISH FROM THE WATERS OF THE MARINE AND COASTAL DISTRICT AND TO
TAKE MIGRATORY FISH OF THE SEA FROM ALL WATERS OF THE STATE, EXCEPT AS
PROVIDED IN SECTIONS 13-0333 AND 13-0335 OF THIS TITLE. A RECREATIONAL
MARINE FISHING LICENSE IS EFFECTIVE FOR A LICENSE YEAR BEGINNING OCTOBER
FIRST AND ENDING SEPTEMBER THIRTIETH.
B. A SEVEN-DAY RECREATIONAL MARINE FISHING LICENSE ENTITLES THE HOLDER
TO EXERCISE THE PRIVILEGES OF A RECREATIONAL MARINE FISHING LICENSE FOR
THE SEVEN CONSECUTIVE DAYS SPECIFIED IN SUCH LICENSE.
C. A ONE-DAY RECREATIONAL MARINE FISHING LICENSE ENTITLES THE HOLDER
TO EXERCISE THE PRIVILEGES OF A RECREATIONAL MARINE FISHING LICENSE ON
THE DAY SPECIFIED ON SUCH LICENSE.
2. GENERAL PROVISIONS. A. THE PRIVILEGES OF A RECREATIONAL MARINE
FISHING LICENSE MAY BE EXERCISED ONLY AT THE TIMES AND PLACES, AND IN
THE MANNER AND TO THE EXTENT, PERMITTED BY THE FISH AND WILDLIFE LAW AND
APPLICABLE REGULATIONS OF THE DEPARTMENT.
B. RECREATIONAL MARINE FISHING LICENSES ARE NOT TRANSFERABLE. NO
PERSON SHALL ALTER, CHANGE, LEND TO ANOTHER PERSON OR ATTEMPT TO TRANS-
FER TO ANOTHER PERSON ANY RECREATIONAL MARINE FISHING LICENSE.
C. A LICENSE ISSUED IN LIEU OF A LOST OR DESTROYED LICENSE IS VOID IF
IT IS OBTAINED: (I) BY FRAUD; OR (II) BY A PERSON WHO IS NOT AUTHORIZED
TO HOLD IT OR WHO MAKES A FALSE STATEMENT IN APPLYING FOR IT.
3. FAILURE TO CARRY LICENSE. A. THE HOLDER OF A RECREATIONAL MARINE
FISHING LICENSE SHALL:
(I) AT ALL TIMES HAVE SUCH LICENSE ON THE HOLDER'S PERSON WHILE EXER-
CISING ANY PRIVILEGE OF THAT LICENSE; AND
S. 59--A 80 A. 159--A
(II) SHALL EXHIBIT SUCH LICENSE ON DEMAND TO ANY POLICE OFFICER, PEACE
OFFICER, OR OWNER, LESSEE OR OTHER PERSON IN CONTROL OF THE LANDS OR
WATERS ON WHICH THE LICENSE HOLDER IS EXERCISING THE PRIVILEGES THEREOF.
B. FAILURE TO HAVE A RECREATIONAL MARINE FISHING LICENSE ON ONE'S
PERSON WHILE EXERCISING ANY PRIVILEGE OF THAT LICENSE IS PRESUMPTIVE
EVIDENCE THAT SUCH PERSON IS FISHING WITHOUT A LICENSE.
4. FEES. EACH APPLICANT FOR A RECREATIONAL MARINE FISHING LICENSE
SHALL PAY TO THE ISSUING OFFICER A FEE ACCORDING TO THE LICENSE ISSUED
AND THE RESIDENCE OR OTHER QUALIFICATION OF THE APPLICANT, AS FOLLOWS:
A. IN THE CASE OF PERSONS WHO HAVE BEEN RESIDENTS OF THE STATE FOR
THIRTY DAYS OR MORE IMMEDIATELY PRECEDING THE DATE OF APPLICATION OR WHO
ARE ENROLLED IN A FULL-TIME COURSE AT A COLLEGE OR UNIVERSITY WITHIN THE
STATE AND WHO ARE IN RESIDENCE IN THE STATE FOR THE SCHOOL YEAR, INDIANS
RESIDING OFF RESERVATIONS IN THE STATE AND MEMBERS OF THE UNITED STATES
ARMED FORCES IN ACTIVE SERVICE STATIONED IN THIS STATE REGARDLESS OF
PLACE OF RESIDENCE AT THE TIME OF ENTRY INTO SERVICE:
LICENSE FEE
(1) RECREATIONAL MARINE FISHING $19.00
(2) SEVEN-DAY RECREATIONAL MARINE
FISHING $12.00
(3) ONE-DAY RECREATIONAL MARINE
FISHING $ 5.00
B. IN THE CASE OF A NON-RESIDENT AND PERSONS RESIDENT IN THE STATE FOR
LESS THAN THIRTY DAYS, OTHER THAN PERSONS WHO ARE ENROLLED IN A
FULL-TIME COURSE AT A COLLEGE OR UNIVERSITY WITHIN THE STATE AND WHO ARE
IN RESIDENCE IN THE STATE FOR THE SCHOOL YEAR AND THOSE MEMBERS OF THE
UNITED STATES ARMED FORCES AS TO WHOM FEES ARE SPECIFIED IN PARAGRAPH A
OF THIS SUBDIVISION:
LICENSE FEE
(1) RECREATIONAL MARINE FISHING $40.00
(2) SEVEN-DAY RECREATIONAL MARINE
FISHING $25.00
(3) ONE-DAY RECREATIONAL MARINE
FISHING $ 5.00
C. A PERSON ELIGIBLE FOR ANY FREE LICENSE PURSUANT TO SUBDIVISION 2 OF
SECTION 11-0715 OF THIS CHAPTER SHALL BE ELIGIBLE FOR A FREE RECREATION-
AL MARINE FISHING LICENSE.
D. LICENSE ISSUING OFFICERS MAY RETAIN 5.5 PERCENT OF THE GROSS
PROCEEDS FROM THE SALE OF ALL RECREATIONAL MARINE FISHING LICENSES.
5. EXEMPTION FROM REQUIREMENT OF RECREATIONAL MARINE FISHING LICENSE.
MINORS UNDER THE AGE OF SIXTEEN MAY TAKE FISH AS IF THEY HELD A RECRE-
ATIONAL MARINE FISHING LICENSE.
6. RECREATIONAL MARINE FISHING LICENSE DATA. A. THE DEPARTMENT IS
AUTHORIZED TO COLLECT DATA ON HOLDERS OF RECREATIONAL MARINE FISHING
LICENSES, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, A LICENSEE'S NAME,
ADDRESS AND DATE OF BIRTH.
B. LICENSE HOLDER DATA COLLECTED BY THE DEPARTMENT OR AVAILABLE TO THE
DEPARTMENT SHALL BE CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT AS
REQUIRED TO COMPLY WITH SECTION 401(G) OF THE MAGNUSON-STEVENS FISHERIES
MANAGEMENT AND CONSERVATION ACT (16 U.S.C. 1881), AS MAY BE AMENDED FROM
TIME TO TIME, OR BY COURT ORDER, EXCEPT THAT THE DEPARTMENT MAY RELEASE
OR MAKE PUBLIC ANY STATISTICS IN AN AGGREGATE OR SUMMARY FORM WHICH DOES
MAKE IT POSSIBLE TO IDENTIFY ANY PERSON WHO SUBMITS SUCH DATA. THE
DEPARTMENT MAY PRESCRIBE SUCH PROCEDURES AS MAY BE NECESSARY TO PRESERVE
SUCH CONFIDENTIALITY.
S. 59--A 81 A. 159--A
7. RECIPROCITY IN BOUNDARY WATERS. IF PERSONS HOLDING RECREATIONAL
MARINE FISHING LICENSES ISSUED UNDER THE FISH AND WILDLIFE LAW ARE NOT
REQUIRED TO HAVE SIMILAR LICENSES ISSUED BY A STATE NAMED IN PARAGRAPH
A, B OR C OF THIS SUBDIVISION WHEN FISHING IN THOSE WATERS SPECIFIED IN
SUCH PARAGRAPH, THEN, IN SUCH CASE, A PERSON HOLDING SUCH SIMILAR
LICENSE ISSUED BY SUCH STATE MAY, WITHOUT A RECREATIONAL MARINE FISHING
LICENSE ISSUED UNDER THE FISH AND WILDLIFE LAW, TAKE FISH AS PROVIDED IN
THIS TITLE, FROM THAT PART OF SUCH WATERS SPECIFIED IN PARAGRAPH A, B OR
C OF THIS SUBDIVISION WHICH LIES WITHIN THIS STATE:
A. LICENSE ISSUED BY CONNECTICUT: THOSE PARTS OF LONG ISLAND SOUND
LYING BETWEEN NEW YORK AND CONNECTICUT.
B. LICENSE ISSUED BY NEW JERSEY: THOSE PARTS OF NEW YORK HARBOR,
HUDSON RIVER, KILL VAN KULL, ARTHUR KILL, RARITAN BAY AND ATLANTIC OCEAN
LYING BETWEEN NEW YORK AND NEW JERSEY.
C. LICENSE ISSUED BY RHODE ISLAND: THOSE PARTS OF LONG ISLAND SOUND,
BLOCK ISLAND SOUND AND ATLANTIC OCEAN LYING BETWEEN NEW YORK AND RHODE
ISLAND.
S 6. Paragraph 1 of subdivision (a) of section 83 of the state finance
law, as amended by chapter 512 of the laws of 1994, is amended to read
as follows:
1. The conservation fund shall consist of all moneys belonging to the
state received by the department of environmental conservation from the
sale of licenses for hunting, for trapping, and for fishing, all moneys
received in actions for penalties under articles eleven and thirteen of
the environmental conservation law and subdivision two of section
71-1929 of the environmental conservation law, or upon the settlement or
compromise thereof, all fines for violation of any of the provisions of
articles eleven and thirteen of the environmental conservation law, all
moneys arising out of the operation of real property under the jurisdic-
tion of the division of fish [and], wildlife AND MARINE RESOURCES in the
department of environmental conservation heretofore or hereafter
acquired by the state of New York, and from any concessions thereon and
from any leases thereof, including moneys received from the sale thereof
when authorized by law, all moneys received from leases or rentals of
shellfish grounds in the marine and coastal district, all moneys from
gifts for fish and wildlife management pursuant to section six hundred
twenty-five of the tax law, moneys received by the department of envi-
ronmental conservation from the sale of limited edition prints of fish
and wildlife paintings, as authorized by paragraph t of subdivision two
of section 3-0301 of the environmental conservation law, all moneys
received from the reimbursement provided for in paragraph b of subdivi-
sion seven of section 8-0109 of the environmental conservation law, and
all other moneys arising out of the application of any provisions of
articles eleven and thirteen of the environmental conservation law.
These moneys, after appropriation by the legislature, and within the
amounts set forth and for the several purposes specified, shall be
available to the department of environmental conservation for the care,
management, protection and enlargement of the fish, game and shell fish
resources of the state and for the promotion of public fishing and
shooting. In the accomplishment of these objects the moneys made avail-
able hereunder shall be devoted to the purchase or acquisition of lands,
lands under water, waters, or rights therein as required, to payment for
personal service, for maintenance and operation, and for new
construction and permanent betterments, and to all other proper expenses
of the department of environmental conservation in the administration
S. 59--A 82 A. 159--A
and enforcement of the provisions of articles eleven and thirteen of the
environmental conservation law.
S 7. Subparagraph (i) of paragraph 3 of subdivision (a) of section 83
of the state finance law, as amended by chapter 512 of the laws of 1994,
is amended to read as follows:
(i) Moneys arising out of the application of article thirteen of the
environmental conservation law, EXCEPT MONEYS BELONGING TO THE STATE
RECEIVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FROM THE SALE
OF RECREATIONAL MARINE FISHING LICENSES PURSUANT TO SECTION 13-0355 OF
THE ENVIRONMENTAL CONSERVATION LAW, shall be deposited in a special
account within the conservation fund, to be known as the marine
resources account, and shall be available to the department of environ-
mental conservation, after appropriation, for the care, management,
protection and enlargement of marine fish and shellfish resources.
S 8. This act shall take effect October 1, 2009; provided, however,
that effective immediately, any regulations necessary for the timely
implementation of this act on its effective date are authorized to be
promulgated before such date.
PART MM
Section 1. Section 5 of the public service law is amended by adding a
new subdivision 7 to read as follows:
7. (A) THE COMMISSION MAY, AFTER NOTICE AND HEARING, FORBEAR FROM
APPLYING THE PROVISIONS OF SUBDIVISION TWO OF SECTION NINETY-ONE AND
SECTION NINETY-TWO, NINETY-NINE, ONE HUNDRED, ONE HUNDRED ONE OR ONE
HUNDRED ONE-A OF THIS CHAPTER TO A TELEPHONE CORPORATION, TELEPHONE
SERVICE, OR CLASS OF TELEPHONE CORPORATIONS OR TELEPHONE SERVICES AS
DEFINED IN COMMISSION REGULATIONS, IN ANY GEOGRAPHIC MARKET UPON A
DETERMINATION THAT:
(I) APPLICATION OF A PROVISION IS NOT NECESSARY TO ENSURE JUST AND
REASONABLE RATES AND CHARGES AND RATES THAT ARE NOT UNJUSTLY OR UNREA-
SONABLY DISCRIMINATORY;
(II) APPLICATION OF A PROVISION IS NOT NECESSARY FOR PROTECTION OF
CONSUMERS; AND
(III) FORBEARANCE FROM APPLYING A PROVISION IS CONSISTENT WITH THE
PUBLIC INTEREST, INCLUDING, BUT NOT LIMITED TO, PROMOTION OF COMPETITIVE
MARKET CONDITIONS AND COMPETITION AMONG PROVIDERS OF TELEPHONE SERVICES.
(B) ANY TELEPHONE CORPORATION OR SUCH CLASS OF TELEPHONE CORPORATIONS
MAY PETITION THE COMMISSION FOR EXERCISE OF THE AUTHORITY GRANTED UNDER
THIS SUBDIVISION.
S 2. Subdivision 1 of section 23 of the public service law, as amended
by chapter 310 of the laws of 1974, is amended to read as follows:
1. Every order of the commission shall be served upon every person or
corporation to be affected thereby, either by personal delivery of a
copy thereof; or BY ELECTRONIC MAIL, WITH THE CONSENT OF THE PERSON OR
CORPORATION AFFECTED THEREBY; OR by mailing a copy thereof, in a sealed
package with postage prepaid, to the person to be affected thereby or,
in the case of a corporation, to any officer or agent thereof upon whom
a summons may be served in accordance with the provisions of the civil
practice law and rules. The commission shall provide, upon request, a
certified copy thereof or a copy thereof bearing the seal of the commis-
sion. Within a time specified in the order of the commission every
person and corporation upon whom it is served must if so required in the
order notify the commission, in writing, whether the terms of the order
are accepted and will be obeyed and in the case of a corporation such
S. 59--A 83 A. 159--A
notification shall be signed and acknowledged by a person or officer
duly authorized by the corporation to execute such acceptance and agree-
ment. Every order of the commission shall take effect at a time therein
specified and shall continue in force either for a period which may be
designated therein or until changed or abrogated by the commission,
unless such order be unauthorized by this chapter or any other act or be
in violation of a provision of the constitution of the state or of the
United States.
S 3. Paragraph (d) of subdivision 5 of section 52 of the public
service law, as added by chapter 186 of the laws of 1995, is amended to
read as follows:
(d) when such determination follows a customer complaint regarding a
shared meter condition or a utility discovery of a shared meter condi-
tion that is not in response to an owner's request for a utility
inspection for a shared meter condition, with respect to utility service
billed after December first, nineteen hundred ninety-six, the utility
shall comply with the provisions of paragraphs (a), (b) and (c) of this
subdivision, and further bill the owner and refund to the shared meter
customer an estimated amount of charges for twelve months of all service
measured by the shared meter; provided, however, that this paragraph
shall not apply to a shared meter condition if (1) service measured
through the shared meter is minimal under commission rules adopted
pursuant to subdivision eight of this section, OR (2) THE BUILDING
CONTAINS NO MORE THAN THREE DWELLING UNITS. An owner so billed may
petition the commission or its designee for a determination that the
amount of such bill is excessive and that such bill and refund be
adjusted accordingly; provided, however, neither the adjusted bill nor
the adjusted refund shall be less than twenty-five percent of the total
amount of the original bill. The commission is authorized to make such a
determination and adjustment if it finds that a bill and refund of
twelve months' charges is unduly burdensome and unfair. In making such
determination the commission or its designee shall consider the total
amount of the bill and refund in relation to the shared area charges
over such twelve month period and any other equitable factors estab-
lished by the commission; and
S 4. Section 52 of the public service law is amended by adding a new
subdivision 13 to read as follows:
13. TWO-FAMILY DWELLINGS. WHERE SERVICE TO A TWO-FAMILY DWELLING IS
NOT SEPARATELY METERED, THE UTILITY SHALL NOT ACCEPT AN APPLICATION BY
AN OCCUPANT WHO IS NOT THE OWNER OF THE DWELLING TO HOLD THE ACCOUNT FOR
SERVICE TO THE ENTIRE DWELLING.
S 5. Paragraph (a) of subdivision 3 of section 34 of the public
service law, as added by chapter 713 of the laws of 1981, is amended to
read as follows:
(a) EXCEPT AS PROVIDED IN SUBDIVISION THIRTEEN OF SECTION FIFTY-TWO OF
THIS ARTICLE, that any occupant may prevent termination of service if
such occupant applies for and is eligible for such service;
S 6. Section 221 of the public service law, as added by chapter 83 of
the laws of 1995, is amended to read as follows:
S 221. Certificate of confirmation. 1. Except as provided in this
section, no person shall exercise a franchise, and no such franchise
shall be effective, [until the commission has confirmed such franchise.
A person wishing to exercise a franchise shall file with the commission
an application for a certificate of confirmation in such form and
containing such information and supportive documentation as the commis-
sion may require. The application shall be accompanied by proof of
S. 59--A 84 A. 159--A
service thereof upon the franchisor and by such fee as the commission
may set] UNLESS A COPY OF SUCH FRANCHISE HAS BEEN APPROVED BY THE MUNI-
CIPALITY, AND PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF
MUNICIPAL APPROVAL. SUCH FRANCHISE SHALL BE SUBJECT, AT A MINIMUM, TO
THE FRANCHISING STANDARDS SET FORTH IN THIS ARTICLE AND THE RULES AND
REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION.
2. A FRANCHISE SHALL BE DEEMED CONFIRMED FORTY-FIVE DAYS AFTER THE
FRANCHISE IS FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS
THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY
PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND
WRITTEN ORDER.
3. The commission may hold a public hearing on any application for a
certificate of confirmation if it determines that such a hearing is in
the public interest. The commission shall fix the time and place for
such a hearing and cause notice thereof to be given to the applicant,
the chief executive officer of the municipality issuing the franchise
and such other persons as the commission may deem appropriate. Testimony
may be taken and evidence received at such a hearing pursuant to such
rules and procedures as the commission may establish.
[3. The commission shall issue a] 4. A certificate of confirmation of
the franchise [unless it finds that (a) the applicant, (b) the proposed
cable television system, or (c) the proposed franchise does not conform
to the standards established in the regulations promulgated by the
commission pursuant to subdivision two of section two hundred fifteen,
or that operation of the proposed cable television system by the appli-
cant under the proposed cable television system by the applicant under
the proposed franchise would be in violation of law, any regulation or
standard promulgated by the commission or the public interest] SHALL BE
DEEMED CONFIRMED FORTY-FIVE DAYS AFTER THE FRANCHISE IS FILED PURSUANT
TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMISSION, OR ITS DESIG-
NEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTER-
EST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN ORDER.
[4.] 5. The commission may issue a certificate of confirmation contin-
gent upon compliance with standards, terms or conditions set by the
commission which it determines would not have been met by the applicant,
system or franchise as proposed.
[5.] 6. In the event the commission refuses to issue a certificate of
confirmation, it shall set forth in writing the reasons for its deci-
sion.
[6. Any cable television company which, pursuant to any existing fran-
chise, (i) was lawfully engaged in actual operations for (ii) had
commenced substantial construction (as such term is defined by the
commission) of a cable television system on January first, nineteen
hundred seventy-two may continue to exercise said franchise pursuant to
the terms thereof, provided such company files with the commission, on
or before July first, nineteen hundred seventy-three an application in
such form and containing such information and supporting documentation
as the commission may require. The commission shall issue a certificate
of confirmation to such a cable television company valid for five years
without further proceedings, which certificate may be renewed by the
commission on application for five year terms pursuant to the provisions
of section two hundred twenty-two.
7. Notwithstanding any other provisions of this article, any cable
television company engaged in actual and lawful nonfranchised cable
television operations on April first, nineteen hundred seventy-three,
that applied for a certificate of confirmation on or before September
S. 59--A 85 A. 159--A
first, nineteen hundred seventy-four and received a certificate, valid
for a five year period, may continue to operate within the limits of the
area in which it was actually rendering service on April first, nineteen
hundred seventy-three, as determined by the commission. Such a certif-
icate of confirmation may be renewed by the commission on application
for five year terms pursuant to the provisions of section two hundred
twenty-two of this article. Any such company which failed to file an
application pursuant to this section on or before September first, nine-
teen hundred seventy-four, shall thereafter be prohibited from continu-
ing operation of a nonfranchised cable television system, provided
however, that the commission may authorize such continued nonfranchised
operation in extraordinary circumstances for such periods as the commis-
sion may deem appropriate.
8. Nothing in this section shall be deemed to validate a franchise not
granted in accordance with law or affect any claims in litigation on
January first, nineteen hundred seventy-three. No confirmation under
this section shall preclude invalidation of any franchise illegally
obtained.
9.] 7. Confirmation by the commission and duties performed by the
commission with respect to its regulation of cable television providers
under this article shall not be deemed to constitute "supervision of the
state department of public service" for the purpose of the meaning of
such phrase as it is used in describing those utilities which are
subject to tax on a gross income basis under section one hundred eight-
y-six-a of the tax law or pursuant to section twenty-b of the general
city law and subdivision one of section [five hundred thirty] 5-530 of
the village law.
S 7. Section 222 of the public service law is REPEALED and a new
section 222 is added to read as follows:
S 222. RENEWAL OR AMENDMENT OF FRANCHISES. 1. EXCEPT AS PROVIDED IN
THIS SECTION, NO PERSON SHALL RENEW OR AMEND A FRANCHISE RENEWAL, AND NO
SUCH RENEWAL OR AMENDMENT SHALL BE EFFECTIVE, UNLESS A COPY OF SUCH
RENEWAL OR AMENDMENT HAS BEEN APPROVED BY THE MUNICIPALITY, AND PROPERLY
FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF MUNICIPAL APPROVAL. SUCH
RENEWAL OR AMENDMENT SHALL BE SUBJECT, AT A MINIMUM, TO THE FRANCHISING
STANDARDS SET FORTH IN THIS ARTICLE AND THE RULES AND REGULATIONS
PROMULGATED THEREUNDER BY THE COMMISSION.
2. RENEWALS AND AMENDMENTS SHALL BE DEEMED GRANTED FORTY-FIVE DAYS
AFTER THE RENEWAL OR AMENDMENT IS FILED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION UNLESS THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN
SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMIS-
SION'S REVIEW AND WRITTEN ORDER.
S 8. The public service law is amended by adding a new section 222-a
to read as follows:
S 222-A. TRANSFER OF FRANCHISES. 1. NO TRANSFER OF ANY FRANCHISE, OR
ANY TRANSFER OF CONTROL OF A FRANCHISE OR CERTIFICATE OF CONFIRMATION OR
OF FACILITIES CONSTITUTING A SIGNIFICANT PART OF ANY CABLE TELEVISION
SYSTEM SHALL BE EFFECTIVE WITHOUT THE PRIOR APPROVAL OF THE COMMISSION.
SUCH APPROVAL SHALL BE REQUIRED IN ADDITION TO ANY MUNICIPAL APPROVAL
REQUIRED UNDER THE FRANCHISE OR BY LAW. FOR THE PURPOSES OF THIS
SECTION, A MERGER OR CONSOLIDATION OF TWO OR MORE CABLE TELEVISION
COMPANIES SHALL BE DEEMED TO BE A TRANSFER OF THE FRANCHISES OR CERTIF-
ICATES GRANTED TO SUCH COMPANIES.
2. A PERSON WISHING TO TRANSFER A FRANCHISE, OR TO TRANSFER CONTROL OF
A FRANCHISE OR OF A SUBSTANTIAL PART OF THE FACILITIES THEREOF SHALL
FILE WITH THE COMMISSION AN APPLICATION FOR APPROVAL OF SUCH CHANGE, IN
S. 59--A 86 A. 159--A
SUCH FORM AND CONTAINING SUCH INFORMATION AND SUPPORTING DOCUMENTS AS
THE COMMISSION MAY REQUIRE. THE APPLICATION SHALL BE ACCOMPANIED BY
PROOF OF SERVICE THEREOF UPON THE FRANCHISOR, IF ANY, AND BY SUCH FEE AS
THE COMMISSION MAY SET. THE COMMISSION MAY HOLD A PUBLIC HEARING ON ANY
SUCH APPLICATION.
3. THE COMMISSION SHALL APPROVE THE APPLICATION UNLESS IT FINDS THAT
THE APPLICANT, THE PROPOSED TRANSFEREE OR THE CABLE TELEVISION SYSTEM
DOES NOT CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMUL-
GATED BY THE COMMISSION PURSUANT TO THIS ARTICLE OR THAT APPROVAL WOULD
BE IN VIOLATION OF LAW OR A REGULATION OR STANDARD PROMULGATED BY THE
COMMISSION, OR WOULD NOT SERVE 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.
4. THE COMMISSION MAY APPROVE THE APPLICATION CONTINGENT UPON COMPLI-
ANCE WITH STANDARDS, TERMS OR CONDITIONS SET BY THE COMMISSION WHICH IT
DETERMINES WOULD NOT HAVE BEEN MET BY THE PROPOSED TRANSFER OF A FRAN-
CHISE.
5. IN THE EVENT THE COMMISSION REFUSES TO APPROVE THE APPLICATION, IT
SHALL SET FORTH IN WRITING THE REASONS FOR ITS DECISION.
6. APPROVAL OF A TRANSFER OF A FRANCHISE UNDER THIS SECTION SHALL NOT
PRECLUDE INVALIDATION OF A FRANCHISE ILLEGALLY OBTAINED.
S 9. This act shall take effect immediately; provided, however, that
sections six, seven and eight of this act shall apply to franchises
filed on or after such effective date.
PART NN
Section 1. The section heading and subdivisions 1 and 2 of section
18-a of the public service law, the section heading as amended by chap-
ter 446 of the laws of 1972, subdivision 1 as amended by chapter 83 of
the laws of 1995, subdivision 2 as amended by chapter 15 of the laws of
1983, and paragraph (d) of subdivision 2 as amended by section 1 of part
H1 of chapter 62 of the laws of 2003, are amended to read as follows:
[Cost] COSTS and expenses of the commission and department AND OTHER
STATE AGENCIES THAT PROVIDE SUPPORT SERVICES TO THE COMMISSION AND
DEPARTMENT AND UTILITY MANAGEMENT SERVICES FOR THE STATE; STATE UTILITY
SERVICE EXPENSES; and the assessment [thereof] OF SUCH COSTS AND
EXPENSES. 1. All costs and expenses of the department and commission
(HEREINAFTER, "DEPARTMENT EXPENSES") shall be paid pursuant to appropri-
ation [in the first instance from the state treasury,] on the certif-
ication of the chairman of the department and upon the audit and warrant
of the comptroller. AN ADDITIONAL AMOUNT EQUAL TO THE SUM OF: (A) TWEN-
TY PERCENTUM OF THE DEPARTMENT EXPENSES, REPRESENTING THE DIRECT AND
INDIRECT COSTS AND EXPENSES OF OTHER STATE AGENCIES WHICH ARE INCURRED
FOR THE PURPOSES OF ADMINISTERING, FACILITATING OR SUPPORTING (I) POLI-
CIES AND PROGRAMS INTENDED TO REGULATE OR OVERSEE THE OPERATIONS OF
UTILITY COMPANIES UNDER THE COMMISSION'S JURISDICTION, AND (II) RATEMAK-
ING BY THE COMMISSION AND THE DEPARTMENT (HEREINAFTER, "DEPARTMENT
SUPPORT EXPENSES"); (B) THE DIRECT AND INDIRECT COSTS OF STATE AGENCIES
WHICH ARE INCURRED FOR PURPOSES OF STATE ENERGY PLANNING, PROCUREMENT,
MONITORING, MANAGEMENT, DISTRIBUTION AND EFFICIENCY ACTIVITIES AND
SERVICES (HEREINAFTER, "ENERGY MANAGEMENT EXPENSES"); AND (C) THE COSTS
AND EXPENSES OF UTILITY SERVICES FOR THE STATE (HEREINAFTER, "STATE
UTILITY SERVICE EXPENSES"), SHALL BE CERTIFIED BY THE DIRECTOR OF THE
S. 59--A 87 A. 159--A
BUDGET IN CONSULTATION WITH THE CHAIRMAN. The state treasury shall be
reimbursed [therefore] FOR ALL SUCH DEPARTMENT EXPENSES, DEPARTMENT
SUPPORT EXPENSES, ENERGY MANAGEMENT EXPENSES AND STATE UTILITY SERVICE
EXPENSES by payments to be made thereto from all moneys collected pursu-
ant to this chapter. The total of such costs and expenses shall be borne
by the public utility companies (including for the purposes of this
section municipalities other than municipalities as defined in section
eighty-nine-l of this chapter), corporations (including the power
authority of the state of New York), and persons subject to the commis-
sion's regulation, INCLUDING FOR PURPOSES OF THIS SECTION ENTITIES
DEEMED ELIGIBLE BY THE DEPARTMENT TO SELL ELECTRICITY AND/OR NATURAL GAS
TO END-USE CUSTOMERS, to be assessed in the manner provided in subdivi-
sions two, three and four of this section and section two hundred seven-
teen of this chapter.
2. (a) The chairman of the department shall estimate prior to the
start of each state fiscal year the total costs and expenses, including
the compensation and expenses of the commission and the department,
their officers, agents and employees, and including the cost of retire-
ment contributions, social security, health and dental insurance, survi-
vor's benefits, workers' compensation, unemployment insurance and other
fringe benefits required to be paid by the state for the personnel of
the commission and the department, and including all other items of
maintenance and operation expenses, and all other direct and indirect
costs. Based on such [estimate] ESTIMATES, the chairman shall determine
the amount to be paid by each assessed public utility company and a bill
shall be rendered [therefor] to each such public utility company.
(b) The bill for each public utility company shall be rendered on or
before February first preceding each FISCAL year, and shall be for the
amount equal to the product of the aforesaid estimated [costs and]
DEPARTMENT expenses [of conducting the department's and commission's
total operations during], AND THE DEPARTMENT SUPPORT EXPENSES, ENERGY
MANAGEMENT EXPENSES AND STATE UTILITY SERVICE EXPENSES FOR the fiscal
year for which billing is being made multiplied by the proportion which
compares:
(1) the gross operating revenues, over and above [twenty-five] FIVE
HUNDRED thousand dollars, for that utility company derived from intra-
state utility operations in the last preceding calendar year, or other
twelve month period as determined by the chairman, to:
(2) the total of the gross operating revenues, derived from intrastate
utility operations for all utility companies in the state which revenues
are included under subparagraph (1) of [paragraph (b) of] this [subdivi-
sion] PARAGRAPH.
(c) The minimum assessment for any utility company whose gross reven-
ues from intrastate utility operations are in excess of [twenty-five]
FIVE HUNDRED thousand dollars in the preceding calendar year shall be
[ten] TWO HUNDRED dollars.
(d) The amount of such bill for fiscal years beginning on or after
April first, nineteen hundred eighty-three so rendered shall be paid by
such public utility company to the department on or before April first;
provided, however, that a utility company may elect to make partial
payments for such [costs and] DEPARTMENT EXPENSES, DEPARTMENT SUPPORT
EXPENSES, ENERGY MANAGEMENT EXPENSES AND STATE UTILITY SERVICE expenses
on March tenth of the preceding fiscal year and on September tenth of
such fiscal year. [Provided further, however, that for the fiscal year
beginning April two thousand three payment will be due March tenth, two
thousand three at twenty-five percentum; June tenth, two thousand three
S. 59--A 88 A. 159--A
at twenty-five percentum; and September tenth, two thousand three at
fifty percentum. Thereafter, each] EACH such partial payment shall be a
sum equal to fifty percentum of the estimate of [costs and] DEPARTMENT
EXPENSES, DEPARTMENT SUPPORT EXPENSES, ENERGY MANAGEMENT EXPENSES AND
STATE UTILITY SERVICE expenses to be assessed against such utility
company under the provisions of this subdivision and shall not be less
than [ten] TWO HUNDRED dollars.
(e) During the course of any state fiscal year, the chairman may
increase or decrease the estimate of [costs and] DEPARTMENT expenses [of
the department and the commission] , DEPARTMENT SUPPORT EXPENSES, ENERGY
MANAGEMENT EXPENSES AND STATE UTILITY SERVICE EXPENSES AND TO REFLECT
THE BUDGET ENACTED FOR THE FISCAL YEAR AND THE ACTUAL REPORTED REVENUES.
In such case, revised bills shall be sent to each public utility company
[which has elected to make partial payments], and such increase or
decrease shall be equally apportioned against the remaining payments for
such fiscal year.
(f) On or before October tenth of each year, the chairman [shall] MAY
compute [the actual costs and expenses of the department and the commis-
sion] ADJUSTMENTS OR OTHER CORRECTIONS AS NEEDED for the preceding state
fiscal year and, [after deducting the amounts recovered pursuant to
subdivisions three and four of this section, shall] MAY, on or before
October twentieth, send to each public utility company affected thereby
a statement setting forth the amount due and payable by, or the amount
standing to the credit of, such public utility company. Any amount owing
by any public utility company shall be paid not later than thirty days
following the date such statement is received. Any such amount standing
to the credit of any public utility company shall be refunded by the
commission [or, at the option of such utility company, shall be applied
as a credit against any succeeding payment due].
(g) The total amount which may be charged to any public utility compa-
ny under authority of this subdivision for any state fiscal year shall
not exceed [one-third of] one per centum of such public utility compa-
ny's gross operating revenues derived from intrastate utility operations
in the last preceding calendar year, or other twelve month period as
determined by the chairman; provided, however, that no corporation or
person that is 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 general assessment provided for under this
subdivision.
S 2. Subdivision 4-a of section 18-a of the public service law, as
amended by chapter 46 of the laws of 1983, is renumbered subdivision
4-b.
S 3. Section 18-a of the public service law is amended by adding a new
subdivision 6 to read as follows:
6.(A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND
SUBJECT TO THE EXCEPTIONS PROVIDED FOR IN PARAGRAPH (B) OF THIS SUBDIVI-
SION, FOR STATE FISCAL YEARS BEGINNING ON APRIL FIRST, TWO THOUSAND
NINE, AN ANNUAL ASSESSMENT (HEREINAFTER "STATE ENERGY AND UTILITY
SERVICE CONSERVATION ASSESSMENT") IS HEREBY IMPOSED ON PUBLIC UTILITY
COMPANIES (INCLUDING FOR THE PURPOSES OF THIS SUBDIVISION MUNICIPALITIES
OTHER THAN MUNICIPALITIES AS DEFINED IN SECTION EIGHTY-NINE-L OF THIS
CHAPTER), CORPORATIONS (INCLUDING FOR PURPOSES OF THIS SUBDIVISION THE
LONG ISLAND POWER AUTHORITY), AND PERSONS SUBJECT TO THE COMMISSION'S
REGULATION, INCLUDING ENTITIES DEEMED ELIGIBLE BY THE DEPARTMENT TO SELL
ELECTRICITY AND/OR NATURAL GAS TO END-USE CUSTOMERS (HEREINAFTER SUCH
PUBLIC UTILITY COMPANIES, CORPORATIONS, AND PERSONS ARE REFERRED TO
S. 59--A 89 A. 159--A
COLLECTIVELY AS THE "UTILITY ENTITIES"), TO ENCOURAGE THE CONSERVATION
OF ENERGY AND OTHER RESOURCES PROVIDED THROUGH UTILITY ENTITIES TO BE
ASSESSED IN THE MANNER PROVIDED IN THIS SUBDIVISION.
(B) THE STATE ENERGY AND UTILITY SERVICE CONSERVATION ASSESSMENT SHALL
BE EQUAL TO TWO PERCENTUM OF THE UTILITY ENTITY'S GROSS OPERATING REVEN-
UES DERIVED FROM INTRASTATE UTILITY OPERATIONS 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. WITH RESPECT TO THE LONG ISLAND
POWER AUTHORITY, THE STATE ENERGY AND UTILITY SERVICE CONSERVATION
ASSESSMENT SHALL BE EQUAL TO ONE PERCENTUM OF SUCH AUTHORITY'S GROSS
OPERATING REVENUES DERIVED FROM INTRASTATE UTILITY OPERATIONS IN THE
LAST PRECEDING CALENDAR YEAR. 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 STATE ENERGY
AND UTILITY SERVICE CONSERVATION ASSESSMENT PROVIDED FOR UNDER THIS
SUBDIVISION. UTILITY ENTITIES WHOSE GROSS OPERATING REVENUES FROM INTRA-
STATE UTILITY OPERATIONS ARE FIVE HUNDRED THOUSAND DOLLARS OR LESS IN
THE PRECEDING CALENDAR YEAR SHALL NOT BE SUBJECT TO THE STATE ENERGY AND
UTILITY SERVICE CONSERVATION ASSESSMENT. THE MINIMUM STATE ENERGY AND
UTILITY SERVICE CONSERVATION ASSESSMENT TO BE BILLED TO ANY UTILITY
ENTITY WHOSE GROSS REVENUES FROM INTRASTATE UTILITY OPERATIONS ARE IN
EXCESS OF FIVE HUNDRED THOUSAND DOLLARS IN THE PRECEDING CALENDAR YEAR
SHALL BE TWO HUNDRED DOLLARS.
(C) THE CHAIRMAN OF THE DEPARTMENT SHALL DETERMINE PRIOR TO THE START
OF EACH STATE FISCAL YEAR THE AMOUNT OF THE STATE ENERGY AND UTILITY
SERVICE CONSERVATION ASSESSMENT FOR UTILITY ENTITIES FOR THE FISCAL
YEAR. BASED ON THAT DETERMINATION, A BILL SHALL BE RENDERED FOR EACH
UTILITY ENTITY ON OR BEFORE FEBRUARY FIRST PRECEDING EACH STATE FISCAL
YEAR FOR THE AMOUNT AS SET FORTH IN PARAGRAPH B OF THIS SUBDIVISION.
(D) EACH UTILITY ENTITY MUST PAY THE BILL RENDERED TO IT PURSUANT TO
PARAGRAPH (C) OF THIS SUBDIVISION AS FOLLOWS:
(I) THE AMOUNT OF SUCH BILL SHALL BE PAID BY SUCH PUBLIC UTILITY
COMPANY TO THE DEPARTMENT ON OR BEFORE APRIL FIRST; PROVIDED, HOWEVER,
THAT A UTILITY COMPANY MAY ELECT TO MAKE PARTIAL PAYMENTS FOR SUCH COSTS
AND EXPENSES ON MARCH TENTH OF THE PRECEDING FISCAL YEAR AND ON SEPTEM-
BER TENTH OF SUCH FISCAL YEAR. EACH SUCH PARTIAL PAYMENT SHALL BE A SUM
EQUAL TO FIFTY PERCENTUM OF THE ESTIMATE OF COSTS AND EXPENSES TO BE
ASSESSED AGAINST SUCH UTILITY COMPANY UNDER THE PROVISIONS OF THIS
SUBDIVISION AND SHALL NOT BE LESS THAN TWO HUNDRED DOLLARS.
(II) DURING THE COURSE OF ANY STATE FISCAL YEAR, THE CHAIRMAN MAY
ADJUST THE AMOUNT OF THE BILLS AS APPROPRIATE TO REFLECT, AMONG OTHER
THINGS, THE ACTUAL REPORTED REVENUES. IN SUCH CASE, REVISED BILLS SHALL
BE SENT TO EACH UTILITY ENTITY SUBJECT TO THE PROVISIONS OF THIS SUBDI-
VISION, AND SUCH INCREASE OR DECREASE SHALL BE EQUALLY APPORTIONED
AGAINST THE REMAINING PAYMENTS FOR SUCH FISCAL YEAR;
(E) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL STATE
ENERGY AND UTILITY SERVICE CONSERVATION ASSESSMENT MONIES COLLECTED AND
RECEIVED BY THE DEPARTMENT SHALL BE DEPOSITED TO THE CREDIT OF THE COMP-
TROLLER WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES OR TRUST COMPANIES
AS MAY BE DESIGNATED BY THE COMPTROLLER. SUCH DEPOSITS SHALL BE KEPT
SEPARATE AND APART FROM ALL OTHER MONIES IN THE POSSESSION OF THE COMP-
TROLLER. THE COMPTROLLER SHALL REQUIRE ADEQUATE SECURITY FROM ALL SUCH
DEPOSITORIES. OF THE TOTAL AMOUNT COLLECTED, THE COMPTROLLER SHALL
RETAIN THE AMOUNT DETERMINED BY THE CHAIRMAN TO BE NECESSARY FOR REFUND
OF OVERPAYMENTS OUT OF WHICH THE COMPTROLLER MUST PAY ANY REFUNDS TO
S. 59--A 90 A. 159--A
WHICH A UTILITY ENTITY MAY BE ENTITLED PURSUANT TO PARAGRAPH (F) OF THIS
SUBDIVISION. AFTER RESERVING THE AMOUNT TO PAY REFUNDS, THE COMPTROLLER
SHALL, ON OR BEFORE THE TENTH DAY OF EACH MONTH, OR MORE FREQUENTLY AS
HE OR SHE MAY DEEM APPROPRIATE, PAY ALL STATE ENERGY AND UTILITY SERVICE
CONSERVATION ASSESSMENT MONIES COLLECTED AND RECEIVED UNDER THIS SUBDI-
VISION AND REMAINING TO THE COMPTROLLER'S CREDIT INTO THE STATE GENERAL
FUND.
(F) ON OR BEFORE OCTOBER TENTH OF EACH YEAR, THE CHAIRMAN MAY COMPUTE
ADJUSTMENTS OR OTHER CORRECTIONS AS NEEDED FOR THE PRECEDING STATE
FISCAL YEAR AND, SHALL, ON OR BEFORE OCTOBER TWENTIETH, SEND TO EACH
UTILITY ENTITY AFFECTED THEREBY, A STATEMENT SETTING FORTH THE AMOUNT
DUE AND PAYABLE BY, OR THE AMOUNT STANDING TO THE CREDIT OF, SUCH UTILI-
TY ENTITY. ANY AMOUNT OWING BY ANY UTILITY ENTITY SHALL BE PAID NOT
LATER THAN THIRTY DAYS FOLLOWING THE DATE SUCH STATEMENT IS RECEIVED.
ANY SUCH AMOUNT STANDING TO THE CREDIT OF ANY UTILITY ENTITY SHALL BE
REFUNDED BY THE CHAIRMAN.
(G) THE CHAIRMAN IS AUTHORIZED TO COORDINATE THE IMPLEMENTATION OF
THIS SUBDIVISION WITH THE OTHER SUBDIVISIONS OF THIS SECTION, INCLUDING
FOR PURPOSES OF, BUT NOT LIMITED TO, BILLING AND COLLECTION OF THE
ASSESSMENTS PROVIDED FOR UNDER THIS SECTION.
(H) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE STATE
ENERGY AND UTILITY SERVICE CONSERVATION ASSESSMENT PROVIDED FOR UNDER
THIS SUBDIVISION SHALL BE CHARGED AGAINST AND BE PAID BY THE UTILITY
ENTITY AND SHALL BE ADDED AS A SEPARATE ITEM TO BILLS RENDERED BY THE
UTILITY ENTITY TO CUSTOMERS OR OTHERS, AND SHALL CONSTITUTE A PART OF
THE OPERATING COSTS OF SUCH UTILITY ENTITY AND CALLED THE "STATE ENERGY
AND UTILITY SERVICE CONSERVATION ASSESSMENT".
S 4. Subdivisions 3, 4 and 5 of section 97-g of the state finance law,
subdivision 3 as amended by section 45 of part K of chapter 81 of the
laws of 2002, subdivision 4 as amended by chapter 577 of the laws of
1988 and subdivision 5 as added by chapter 710 of the laws of 1964, are
amended to read as follows:
3. Moneys of the fund shall be available to the commissioner of gener-
al services for the purchase of food, supplies and equipment for [state
institutions and other] state agencies, and for the purpose of furnish-
ing or providing centralized services to or for [state institutions and
other] state agencies; PROVIDED FURTHER THAT SUCH MONEYS SHALL BE AVAIL-
ABLE TO THE COMMISSIONER OF GENERAL SERVICES FOR PURPOSES PURSUANT TO
ITEMS (D) AND (F) OF SUBDIVISION FOUR OF THIS SECTION TO OR FOR PUBLIC
BENEFIT CORPORATIONS AND PUBLIC AUTHORITIES AND FOR PURPOSES PURSUANT TO
ITEM (I) OF SUBDIVISION FOUR OF THIS SECTION TO OR FOR PUBLIC EMPLOYEES
AND VISITORS, AND FOR PURPOSES PURSUANT TO ITEMS (J) AND (K) OF SUBDIVI-
SION FOUR OF THIS SECTION TO OR FOR ELIGIBLE RECIPIENTS. Beginning the
first day of April, two thousand two, moneys in such fund shall also be
transferred by the state comptroller to the revenue bond tax fund
account of the general debt service fund in amounts equal to those
required for payments to authorized issuers for revenue bonds issued
pursuant to article five-C of this chapter for the purpose of lease
purchases and installment purchases by or for state agencies and insti-
tutions for personal or real property purposes.
4. The term "centralized services" as used in this section shall mean
and include only (a) communications services, (b) mail, messenger and
reproduction services, (c) computer services, (d) [gasoline] FUEL and
automotive services, (e) renovation and maintenance services, (f)
purchases of electricity, RENEWABLE ENERGY, RENEWABLE ENERGY CREDITS OR
ATTRIBUTES, ENERGY-RELATED OR RESOURCE CONSERVATION PROJECTS, PROGRAMS
S. 59--A 91 A. 159--A
AND SERVICES (INCLUDING, BUT NOT LIMITED TO PROCUREMENT, PLANNING AND
MANAGEMENT SERVICES) from the power authority of the state of New York
AND OTHER SUPPLIERS, (g) real property management services, (h) building
design and construction services, (i) parking services TO PUBLIC EMPLOY-
EES AND VISITORS, (j) distribution of United States department of agri-
culture donated foods to eligible recipients, pursuant to all applicable
statutes and regulations, (k) distribution of federal surplus property
donations to all eligible recipients, pursuant to applicable statutes
and regulations and (l) payments and related services for lease
purchases and installment purchases by or for state agencies [and insti-
tutions] for personal property purposes financed through the issuance of
certificates of participation. The services defined in items (a)
[through (h)], (B), (C), (E), (G), (H) AND (L) of this subdivision
[shall] MAY be provided to state agencies [and institutions only]. THE
SERVICES DEFINED IN ITEMS (D) AND (F) OF THIS SUBDIVISION MAY BE
PROVIDED TO STATE AGENCIES, PUBLIC AUTHORITIES OR PUBLIC BENEFIT CORPO-
RATIONS. THE SERVICES DEFINED IN ITEM (I) OF THIS SUBDIVISION MAY BE
PROVIDED TO PUBLIC EMPLOYEES AND VISITORS. THE SERVICES PROVIDED IN
ITEMS (J) AND (K) OF THIS SUBDIVISION MAY BE PROVIDED TO ELIGIBLE RECIP-
IENTS AS DETERMINED BY THE COMMISSIONER OF GENERAL SERVICES RELATIVE TO
THE TYPE OF SERVICE PROVIDED. THE TERMS "PUBLIC AUTHORITIES" AND "PUBLIC
BENEFIT CORPORATIONS" AS USED IN THIS SECTION SHALL MEAN AND INCLUDE
ONLY THOSE PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPORATIONS THE HEADS
OF WHICH ARE APPOINTED BY THE GOVERNOR OR WHERE THE MAJORITY OF THE
BOARD MEMBERS ARE APPOINTED BY THE GOVERNOR OR SERVE AS MEMBERS BY
VIRTUE OF HOLDING A CIVIL OFFICE OF THE STATE. ALL STATE AGENCIES,
PUBLIC AUTHORITIES OR PUBLIC BENEFIT CORPORATIONS ARE HEREBY AUTHORIZED
TO ENTER INTO AND DO ALL THINGS NECESSARY TO PERFORM A CONTRACT OR OTHER
AGREEMENT WITH THE COMMISSIONER OF GENERAL SERVICES FOR SUCH CENTRALIZED
SERVICES.
5. The amount expended from such fund for the [above-stated] purposes
SET FORTH IN THIS SECTION shall be charged against the state [institu-
tion or] agency receiving such food, supplies, equipment and services OR
PUBLIC BENEFIT CORPORATIONS OR PUBLIC AUTHORITIES RECEIVING SUCH FUEL,
AUTOMOTIVE SERVICES, ELECTRICITY OR GREEN ATTRIBUTES, OR EFFICIENCY AND
RESOURCE CONSERVATION SERVICES, OR PUBLIC EMPLOYEES AND VISITORS FOR
PARKING, OR ELIGIBLE RECIPIENTS FOR DONATED FOODS OR FEDERAL SURPLUS
PROPERTY, and all payments received therefor shall be credited to such
fund.
S 5. This act shall take effect immediately; provided, however, that
section three of this act shall take effect March 1, 2009 and shall
expire and be deemed repealed March 31, 2012; and provided, further,
that if section three of this act shall become law after March 1, 2009,
it shall take effect immediately and be deemed to have been in full
force and effect on and after March 1, 2009.
PART OO
Section 1. Subdivision (h) of section 303 of the vehicle and traffic
law, as amended by chapter 608 of the laws of 1993, is amended to read
as follows:
(h) The commissioner, or any person duly deputized, in addition to or
in lieu of revoking or suspending a license to operate an official
inspection station or a certificate to inspect vehicles, may by order
require the licensee or certified inspector to pay to the people of this
state a penalty in a sum OF not [exceeding] LESS THAN three hundred and
S. 59--A 92 A. 159--A
fifty dollars NOR MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS for each
violation THAT IS A FIRST INCIDENT; A SUM OF NOT LESS THAN FIVE HUNDRED
DOLLARS NOR MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH
VIOLATION THAT IS A SECOND INCIDENT, BOTH OF WHICH INCIDENTS WERE
COMMITTED WITHIN A TEN YEAR PERIOD; A SUM OF NOT LESS THAN ONE THOUSAND
DOLLARS NOR MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH
VIOLATION THAT IS A THIRD OR SUBSEQUENT INCIDENT ALL OF WHICH INCIDENTS
WERE COMMITTED WITHIN A TEN YEAR PERIOD, and upon the failure of such
licensee to pay such penalty within twenty days after the mailing of
such order, postage prepaid, registered or certified, and addressed to
the last known place of business of such licensee or certified inspec-
tor, unless such order is stayed by a court of competent jurisdiction or
in accordance with the provisions of Article three-A of this chapter,
the commissioner may revoke the license of such licensee or the certif-
icate of such certified inspector or may suspend the same for such peri-
od as may be determined. Civil penalties assessed under this subdivi-
sion shall be paid to the commissioner for deposit into the state
treasury, and unpaid civil penalties may be recovered by the commission-
er in a civil action in the name of the commissioner. In addition, as an
alternative to such civil action and provided that no proceeding for
judicial review shall then be pending and the time for initiation of
such proceeding shall have expired, the commissioner may file with the
county clerk of the county in which the registrant is located or the
certified inspector resides a final order of the commissioner containing
the amount of the penalty assessed. The filing of such final order shall
have the full force and effect of a judgment duly docketed in the office
of such clerk and may be enforced in the same manner and with the same
effect as that provided by law in respect to executions issued against
property upon judgments of a court of record.
S 2. Paragraph (b) of subdivision 2 of section 398-e of the vehicle
and traffic law, as added by chapter 634 of the laws of 1980, is amended
to read as follows:
(b) Such penalty shall be in a sum OF not [exceeding] LESS THAN three
hundred fifty dollars NOR MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS
for each violation THAT IS A FIRST INCIDENT; A SUM OF NOT LESS THAN FIVE
HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH
VIOLATION THAT IS A SECOND INCIDENT, BOTH OF WHICH INCIDENTS WERE
COMMITTED WITHIN A TEN YEAR PERIOD; A SUM OF NOT LESS THAN ONE THOUSAND
DOLLARS NOR MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH
VIOLATION THAT IS A THIRD OR SUBSEQUENT INCIDENT ALL OF WHICH INCIDENTS
WERE COMMITTED WITHIN A TEN YEAR PERIOD, except that if a finding of
financial loss has been made pursuant to subdivision three of this
section, the amount of such penalty may be increased by the amount of
financial loss so found.
S 3. Subdivision 12 of section 415 of the vehicle and traffic law, as
amended by chapter 7 of the laws of 2000, is amended to read as follows:
12. The commissioner, or any person deputized by him, in addition to
or in lieu of revoking or suspending the certificate of registration of
a registrant in accordance with the provisions of this article, may in
any one proceeding by order require the registrant to pay to the people
of this state a penalty in a sum OF not [exceeding] LESS THAN THREE
HUNDRED FIFTY DOLLARS NOR MORE THAN one thousand FIVE HUNDRED dollars
for each violation THAT IS A FIRST INCIDENT; A SUM OF NOT LESS THAN FIVE
HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH
VIOLATION THAT IS A SECOND INCIDENT, BOTH OF WHICH INCIDENTS WERE
COMMITTED WITHIN A TEN YEAR PERIOD; A SUM OF NOT LESS THAN ONE THOUSAND
S. 59--A 93 A. 159--A
DOLLARS NOR MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH
VIOLATION THAT IS A THIRD OR SUBSEQUENT INCIDENT ALL OF WHICH INCIDENTS
WERE COMMITTED WITHIN A TEN YEAR PERIOD, except that if a finding of
financial loss has been made pursuant to subdivision fourteen of this
section, the amount of such penalty may be increased by the amount of
financial loss so found, and upon the failure of such registrant to pay
such penalty within twenty days after the mailing of such order, postage
prepaid, registered or certified, and addressed to the last known place
of business of such registrant, unless such order is stayed by an order
of a court of competent jurisdiction, the commissioner may revoke the
certificate of registration of such registrant or may suspend the same
for such period as he may determine. Civil penalties assessed under this
subdivision shall be paid to the commissioner for deposit into the state
treasury, and unpaid civil penalties may be recovered by the commission-
er in a civil action in the name of the commissioner.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART PP
Section 1. Paragraph (h) of subdivision 2 of section 503 of the vehi-
cle and traffic law, as amended by chapter 196 of the laws of 1996, is
amended to read as follows:
(h) An applicant whose driver's license has been revoked pursuant to
(i) section five hundred ten of this title, (ii) section eleven hundred
ninety-three of this chapter, and (iii) section eleven hundred ninety-
four of this chapter, shall, upon application for issuance of a driver's
license, pay to the commissioner a fee of [fifty] ONE HUNDRED dollars[;
provided, however, when the basis for the revocation is a finding of
driving after having consumed alcohol pursuant to the provisions of
section eleven hundred ninety-two-a of this chapter, the fee to be paid
to the commissioner shall be one hundred dollars]. Such fee is not
refundable and shall not be returned to the applicant regardless of the
action the commissioner may take on such person's application for rein-
statement of such driving license. Such fee shall be in addition to any
other fees presently levied but shall not apply to an applicant whose
driver's license was revoked for failure to pass a reexamination or to
an applicant who has been issued a conditional or restricted use license
under the provisions of article twenty-one-A or thirty-one of this chap-
ter.
S 2. Paragraph (j) of subdivision 2 of section 503 of the vehicle and
traffic law, as amended by chapter 196 of the laws of 1996, is amended
to read as follows:
(j) Whenever a license issued pursuant to this article, or a privilege
of operating a motor vehicle or of obtaining such a license, has been
suspended, such suspension shall remain in effect until a termination of
a suspension fee of [twenty-five] FIFTY dollars is paid to the commis-
sioner; provided, however, when the basis for the suspension is a find-
ing of driving after having consumed alcohol pursuant to the provisions
of section eleven hundred ninety-two-a of this chapter, the fee to be
paid to the commissioner shall be [one] TWO hundred dollars. The
provisions of this paragraph shall not apply to a temporary suspension
pending a hearing, prosecution or investigation, nor to an indefinite
suspension which is issued because of the failure of the person
suspended to perform an act, which suspension will be terminated by the
performance of the act.
S. 59--A 94 A. 159--A
S 3. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section
503 of the vehicle and traffic law, as added by section 8 of part J of
chapter 62 of the laws of 2003, is amended to read as follows:
(i) When a license issued pursuant to this article, or a privilege of
operating a motor vehicle or of obtaining such a license, has been
suspended based upon a failure to answer an appearance ticket or a
summons or failure to pay a fine, penalty or mandatory surcharge, pursu-
ant to subdivision three of section two hundred twenty-six, subdivision
four of section two hundred twenty-seven, subdivision four-a of section
five hundred ten or subdivision five-a of section eighteen hundred nine
of this chapter, such suspension shall remain in effect until a termi-
nation of a suspension fee of [thirty-five] SEVENTY dollars is paid to
the court or tribunal that initiated the suspension of such license or
privilege. In no event may the aggregate of the fees imposed by an indi-
vidual court pursuant to this paragraph for the termination of all
suspensions that may be terminated as a result of a person's answers,
appearances or payments made in such cases pending before such individ-
ual court exceed [two] FOUR hundred dollars. For the purposes of this
paragraph, the various locations of the administrative tribunal estab-
lished under article two-A of this chapter shall be considered an indi-
vidual court.
S 4. Paragraph (j-1) of subdivision 2 of section 503 of the vehicle
and traffic law is amended by adding a new subparagraph (iv) to read as
follows:
(IV) NOTWITHSTANDING ANY OTHER PROVISION IN THIS PARAGRAPH, FIFTY
PERCENT OF ALL FEES COLLECTED PURSUANT TO THIS PARAGRAPH SHALL BE DEPOS-
ITED TO THE CREDIT OF THE GENERAL FUND.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law, provided that section one of this act shall only
apply to revocations issued on or after that date, and provided that
sections two and three of this act shall apply only to suspensions
issued on or after such date.
PART QQ
Section 1. Subdivision 3 of section 99-h of the state finance law, as
amended by chapter 747 of the laws of 2006, is amended to read as
follows:
3. Moneys of the account, following appropriation by the legislature,
shall be available for purposes including but not limited to: (a)
reimbursements or payments to municipal governments that host tribal
casinos pursuant to a tribal-state compact for costs incurred in
connection with services provided to such casinos or arising as a result
thereof, for economic development opportunities and job expansion
programs authorized by the executive law; provided, however, that for
any gaming facility located in the [county of Erie] CITY OF BUFFALO, the
[municipal governments hosting the facility] CITY OF BUFFALO shall
[collectively] receive a minimum of twenty-five percent of the negoti-
ated percentage of the net drop from electronic gaming devices the state
receives pursuant to the compact, and provided further that for any
gaming facility located in the city of Niagara Falls, county of Niagara
a minimum of twenty-five percent of the negotiated percentage of the net
drop from electronic gaming devices the state receives pursuant to the
compact shall be distributed in accordance with subdivision four of this
section, and provided further that for any gaming facility located in
the county or counties of Cattaraugus, Chautauqua or Allegany, the
S. 59--A 95 A. 159--A
municipal governments of the state hosting the facility shall collec-
tively receive a minimum of twenty-five percent of the negotiated
percentage of the net drop from electronic gaming devices the state
receives pursuant to the compact; and provided further that pursuant to
chapter five hundred ninety of the laws of two thousand four, a minimum
of twenty-five percent of the revenues received by the state pursuant to
the state's compact with the St. Regis Mohawk tribe shall be made avail-
able to the counties of Franklin and St. Lawrence, and affected towns in
such counties. Each such county and its affected towns shall receive
fifty percent of the moneys made available by the state; and (b) support
and services of treatment programs for persons suffering from gambling
addictions. Moneys not appropriated for such purposes shall be trans-
ferred to the general fund for the support of government during the
fiscal year in which they are received.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009; provided,
however that the amendments to subdivision 3 of section 99-h of the
state finance law made by section one of this act shall not affect the
expiration of such section and shall be deemed to expire therewith.
PART RR
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 Q of chapter 59 of the laws of 2008, 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, [2009]
2010.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART SS
Section 1. Section 27-1001 of the environmental conservation law, as
added by chapter 200 of the laws of 1982, is amended to read as follows:
S 27-1001. Legislative findings.
The legislature hereby finds that litter composed of discarded [soft-
drink, beer and ale bottles and cans] BEVERAGE CONTAINERS is a growing
problem of state concern and a direct threat to the health and safety of
the citizens of this state. Discarded beverage [bottles and cans]
CONTAINERS create a hazard to vehicular traffic, a source of physical
injury to pedestrians[,] AND farm animals [and], A HAZARD TO FARM AND
OTHER machinery and an unsightly accumulation of litter which must be
disposed of at increasing public expense. Beverage [bottles and cans]
CONTAINERS also create an unnecessary addition to the state's and muni-
cipalities' already overburdened solid waste and refuse disposal
systems. Unsegregated disposal of such [bottles and cans] CONTAINERS
creates an impediment to the efficient operation of resource recovery
plants. Further, the legislature finds that the uninhibited discard of
beverage containers constitutes a waste of both mineral and energy
resources. The legislature hereby finds that requiring a deposit on all
beverage containers, along with certain other facilitating measures,
S. 59--A 96 A. 159--A
will provide a necessary incentive for the economically efficient and
environmentally benign collection and recycling of such containers.
S 2. Subdivisions 1 and 2 of section 27-1003 of the environmental
conservation law, subdivision 1 as amended by chapter 778 of the laws of
1988 and subdivision 2 as amended by chapter 546 of the laws of 1986,
are amended to read as follows:
1. "Beverage" means [carbonated soft drinks, mineral water, soda
water, beer, other malt beverages and a wine product as defined in
subdivision thirty-six-a of section three of the alcoholic beverage
control law. "Malt beverages" means any beverage obtained by the alco-
holic fermentation or infusion or decoction of barley, malt, hops, or
other wholesome grain or cereal and water including, but not limited to
ale, stout or malt liquor.] ALL CARBONATED AND NON-CARBONATED DRINKS IN
LIQUID FORM AND INTENDED FOR INTERNAL HUMAN CONSUMPTION. THE TERM
"BEVERAGE" SHALL NOT INCLUDE:
A. MILK AND DAIRY DERIVED PRODUCTS. "MILK" MEANS WHOLE MILK, SKIM
MILK, LOW-FAT MILK, CREAM, CULTURED MILK, YOGURT OR ANY COMBINATION OF
THOSE PRODUCTS. THE TERM "DAIRY DERIVED PRODUCTS" INCLUDES ANY PRODUCT
OF WHICH MORE THAN FIFTY PERCENT OF THE INGREDIENTS ARE MILK, MILK FAT,
CULTURED MILK OR YOGURT;
B. RICE MILK, SOY MILK, NUT MILK OR OTHER MILK SUBSTITUTE;
C. INFANT FORMULA;
D. ALCOHOLIC BEVERAGES OTHER THAN BEER, OTHER MALT BEVERAGES AND WINE
PRODUCTS AS DEFINED IN SUBDIVISION THIRTY-SIX-A OF SECTION THREE OF THE
ALCOHOLIC BEVERAGE CONTROL LAW. "MALT BEVERAGES" MEANS ANY BEVERAGE
OBTAINED BY THE ALCOHOLIC FERMENTATION OR INFUSION OR DECOCTION OF
BARLEY, MALT, HOPS, OR OTHER WHOLESOME GRAIN OR CEREAL AND WATER INCLUD-
ING, BUT NOT LIMITED TO ALE, STOUT OR MALT LIQUOR;
E. A LIQUID THAT IS A SYRUP, IN A CONCENTRATED FORM, OR TYPICALLY
ADDED AT LESS THAN FIVE PERCENT AS A MINOR FLAVORING INGREDIENT IN FOOD
OR DRINK, SUCH AS EXTRACTS, COOKING ADDITIVES, SAUCES OR CONDIMENTS;
F. A LIQUID THAT IS A MEDICAL PRESCRIPTION OR OVER-THE-COUNTER DRUG
REGULATED BY THE FOOD AND DRUG ADMINISTRATION AND CONSUMED FOR MEDICINAL
PURPOSES ONLY;
G. A LIQUID THAT IS (I) A DIETARY SUPPLEMENT AS DEFINED BY THE FOOD
AND DRUG ADMINISTRATION EXCEPT ONE THAT IS DESIGNED, MARKETED AND/OR
INTENDED TO BE CONSUMED AS A BEVERAGE SUCH AS A SPORTS OR HYDRATION
DRINK, OR (II) DESIGNED, MARKETED AND/OR INTENDED TO BE CONSUMED AS A
MEAL OR MEAL SUBSTITUTE AS PART OF A WEIGHT LOSS PROGRAM, SUCH AS A DIET
SHAKE;
H. PRODUCTS WHICH TRADITIONALLY ARE FROZEN AT THE TIME OF SALE;
I. PRODUCTS DESIGNED TO BE CONSUMED IN A FROZEN STATE;
J. INSTANT DRINK POWDERS; AND
K. SEAFOOD, MEAT OR VEGETABLE BROTHS, OR SOUPS.
2. "Beverage container" means the individual, separate, sealed glass,
metal, aluminum, steel or plastic bottle, can or jar used for containing
LESS THAN one gallon or [3.8] 3.78 liters [or less] at the time of sale
OR OFFER FOR SALE of a beverage intended for use or consumption in this
state. Beverage containers sold or OFFERED FOR SALE OR distributed
aboard aircraft or ships shall be considered as intended for use or
consumption outside this state.
S 3. Subdivisions 6 and 9 of section 27-1003 of the environmental
conservation law, as added by chapter 200 of the laws of 1982, are
amended and four new subdivisions 2-a, 5-a, 12 13 and 14 are added to
read as follows:
2-A. "BOTTLER" MEANS A PERSON, FIRM OR CORPORATION WHO:
S. 59--A 97 A. 159--A
A. BOTTLES, CANS OR OTHERWISE PACKAGES BEVERAGES IN BEVERAGE CONTAIN-
ERS EXCEPT THAT IF SUCH PACKAGING IS FOR A DISTRIBUTOR HAVING THE RIGHT
TO BOTTLE, CAN OR OTHERWISE PACKAGE THE SAME BRAND OF BEVERAGE, THEN
SUCH DISTRIBUTOR SHALL BE THE BOTTLER; OR
B. IMPORTS FILLED BEVERAGE CONTAINERS INTO THE UNITED STATES.
5-A. A "DEPOSIT INITIATOR" FOR EACH BEVERAGE CONTAINER FOR WHICH A
REFUND VALUE IS ESTABLISHED UNDER SECTION 27-1005 OF THIS TITLE MEANS:
A. THE BOTTLER OF THE BEVERAGE IN SUCH CONTAINER;
B. THE DISTRIBUTOR OF SUCH CONTAINER IF SUCH DISTRIBUTOR'S PURCHASE OF
SUCH CONTAINER WAS NOT, DIRECTLY OR INDIRECTLY, FROM A REGISTERED DEPOS-
IT INITIATOR;
C. A DEALER OF SUCH CONTAINER WHO SELLS OR OFFERS FOR SALE SUCH
CONTAINER IN THIS STATE, WHOSE PURCHASE OF SUCH CONTAINER WAS NOT,
DIRECTLY OR INDIRECTLY, FROM A REGISTERED DEPOSIT INITIATOR; OR
D. AN AGENT ACTING ON BEHALF OF A REGISTERED DEPOSIT INITIATOR.
6. "Distributor" means any person, firm or corporation which
[bottles, cans or otherwise fills or packages beverage containers, or
which] engages in the sale OR OFFER FOR SALE of [such] BEVERAGES IN
BEVERAGE containers to a dealer.
9. "Redemption center" means any [establishment offering to pay the
refund value of a beverage container] PERSON OFFERING TO PAY THE REFUND
VALUE OF AN EMPTY BEVERAGE CONTAINER TO A REDEEMER, OR ANY PERSON WHO
CONTRACTS WITH ONE OR MORE DEALERS OR DISTRIBUTORS TO COLLECT, SORT AND
OBTAIN THE REFUND VALUE AND HANDLING FEE OF EMPTY BEVERAGE CONTAINERS
FOR, OR ON BEHALF OF, SUCH DEALER OR DISTRIBUTOR under the provisions of
section 27-1013 of this title.
12. "REVERSE VENDING MACHINE" MEANS AN AUTOMATED DEVICE THAT USES A
LASER SCANNER, MICROPROCESSOR, OR OTHER TECHNOLOGY TO ACCURATELY RECOG-
NIZE THE UNIVERSAL PRODUCT CODE (UPC) ON CONTAINERS TO DETERMINE IF THE
CONTAINER IS REDEEMABLE AND ACCUMULATES INFORMATION REGARDING CONTAINERS
REDEEMED, INCLUDING THE NUMBER OF SUCH CONTAINERS REDEEMED, THEREBY
ENABLING THE REVERSE VENDING MACHINE TO ACCEPT CONTAINERS FROM REDEEMERS
AND TO ISSUE A SCRIP OR RECEIPT FOR THEIR REFUND VALUE.
13. "UNIVERSAL PRODUCT CODE OR UPC CODE" MEANS A STANDARD FOR ENCODING
A SET OF LINES AND SPACES THAT CAN BE SCANNED AND INTERPRETED INTO
NUMBERS TO IDENTIFY A PRODUCT. UNIVERSAL PRODUCT CODE MAY ALSO MEAN ANY
ACCEPTED INDUSTRY BARCODE WHICH REPLACES THE UPC CODE INCLUDING BUT NOT
LIMITED TO UNIVERSAL PRODUCT CODE (UPC), EAN AND OTHER CODES THAT MAY BE
USED TO IDENTIFY A PRODUCT.
14. "REFILLABLE BEVERAGE CONTAINER" MEANS ANY BEVERAGE CONTAINER WHICH
IS SO CONSTRUCTED AND DESIGNED THAT IT IS STRUCTURALLY CAPABLE OF BEING
REFILLED A MINIMUM OF FIVE TIMES AND RESOLD BY A BOTTLER, DEPOSIT INITI-
ATOR OR DISTRIBUTOR AND WHICH IS INTENDED TO BE RETURNED FOR THE PURPOSE
OF REFILLING AND RESALE.
S 4. Sections 27-1005 and 27-1007 of the environmental conservation
law are REPEALED and two new sections 27-1005 and 27-1007 are added to
read as follows:
S 27-1005. REFUND VALUE.
NO PERSON SHALL SELL OR OFFER FOR SALE A BEVERAGE CONTAINER IN THIS
STATE UNLESS THE DEPOSIT ON SUCH BEVERAGE CONTAINER IS OR HAS BEEN
COLLECTED BY A REGISTERED DEPOSIT INITIATOR AND UNLESS SUCH CONTAINER
HAS A REFUND VALUE OF NOT LESS THAN FIVE CENTS WHICH IS CLEARLY INDI-
CATED THEREON AS PROVIDED IN SECTION 27-1011 OF THIS TITLE.
S 27-1007. MANDATORY ACCEPTANCE.
EXCEPT AS PROVIDED IN SECTION 27-1009 OF THIS TITLE:
S. 59--A 98 A. 159--A
1. A DEALER SHALL ACCEPT AT HIS OR HER PLACE OF BUSINESS FROM A
REDEEMER ANY EMPTY BEVERAGE CONTAINERS OF THE DESIGN, SHAPE, SIZE,
COLOR, COMPOSITION AND BRAND SOLD OR OFFERED FOR SALE BY THE DEALER, AND
SHALL PAY TO THE REDEEMER THE REFUND VALUE OF EACH SUCH BEVERAGE
CONTAINER AS ESTABLISHED IN SECTION 27-1005 OF THIS TITLE. REDEMPTIONS
OF REFUND VALUE MUST BE IN LEGAL TENDER, OR A SCRIP OR RECEIPT FROM A
REVERSE VENDING MACHINE, PROVIDED THAT THE SCRIP OR RECEIPT CAN BE
EXCHANGED FOR LEGAL TENDER FOR A PERIOD OF NOT LESS THAN SIXTY DAYS
WITHOUT REQUIRING THE PURCHASE OF OTHER GOODS. THE USE OR PRESENCE OF A
REVERSE VENDING MACHINE SHALL NOT RELIEVE A DEALER OF ANY OBLIGATIONS
IMPOSED PURSUANT TO THIS SECTION. IF A DEALER UTILIZES A REVERSE VEND-
ING MACHINE TO REDEEM CONTAINERS, THE DEALER SHALL PROVIDE REDEMPTION OF
BEVERAGE CONTAINERS WHEN THE REVERSE VENDING MACHINE IS FULL, BROKEN,
UNDER REPAIR OR DOES NOT ACCEPT A TYPE OF BEVERAGE CONTAINER SOLD OR
OFFERED FOR SALE BY SUCH DEALER AND MAY NOT LIMIT THE HOURS OR DAYS OF
REDEMPTION EXCEPT AS PROVIDED BY SUBDIVISION THREE OF THIS SECTION. A
DEALER WHOSE PLACE OF BUSINESS IS AT LEAST FIFTY THOUSAND SQUARE FEET
WHICH DOES NOT UTILIZE REVERSE VENDING MACHINES TO PROCESS EMPTY BEVER-
AGE CONTAINERS FOR REDEMPTION SHALL: (A) ESTABLISH AND MAINTAIN A DEDI-
CATED AREA WITHIN SUCH BUSINESS TO ACCEPT BEVERAGE CONTAINERS FOR
REDEMPTION; (B) ADEQUATELY STAFF SUCH AREA TO FACILITATE EFFICIENT
ACCEPTANCE AND PROCESSING OF SUCH CONTAINERS DURING BUSINESS HOURS; AND
(C) POST ONE OR MORE CONSPICUOUS SIGNS CONFORMING TO THE SIZE AND COLOR
REQUIREMENTS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION AT EACH PUBLIC
ENTRANCE TO THE BUSINESS WHICH DESCRIBES WHERE IN THE BUSINESS THE
REDEMPTION AREA IS LOCATED. THE COMMISSIONER MAY ESTABLISH IN RULES AND
REGULATIONS ADDITIONAL STANDARDS FOR THE EFFICIENT PROCESSING OF BEVER-
AGE CONTAINERS BY SUCH DEALERS. ON ANY DAY THAT A DEALER IS OPEN FOR
LESS THAN TWENTY-FOUR HOURS, THE DEALER MAY RESTRICT OR REFUSE THE
PAYMENT OF REFUND VALUES DURING THE FIRST AND LAST HOUR THE DEALER IS
OPEN FOR BUSINESS.
2. A DEALER SHALL POST A CONSPICUOUS SIGN, AT THE POINT OF SALE THAT
STATES:
"NEW YORK BOTTLE BILL OF RIGHTS
STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE
CONTAINERS OF THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE
YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
ACT:
THE RIGHT TO RETURN YOUR EMPTIES FOR REFUND TO ANY DEALER WHO SELLS
THE SAME BRAND, TYPE AND SIZE, WHETHER YOU BOUGHT THE BEVERAGE FROM THE
DEALER OR NOT. IT IS ILLEGAL TO RETURN CONTAINERS FOR REFUND THAT YOU
DID NOT PAY A DEPOSIT ON IN NEW YORK STATE.
THE RIGHT TO GET YOUR DEPOSIT REFUND IN CASH, WITHOUT PROOF OF
PURCHASE.
THE RIGHT TO RETURN YOUR EMPTIES ANY DAY, ANY HOUR, EXCEPT FOR THE
FIRST AND LAST HOUR OF THE DEALER'S BUSINESS DAY (EMPTY CONTAINERS MAY
BE REDEEMED AT ANY TIME IN 24-HOUR STORES).
THE RIGHT TO RETURN YOUR CONTAINERS IF THEY ARE EMPTY AND INTACT.
WASHING CONTAINERS IS NOT REQUIRED BY LAW, BUT IS STRONGLY RECOMMENDED
TO MAINTAIN SANITARY CONDITIONS.
THE NEW YORK STATE RETURNABLE CONTAINER ACT CAN BE ENFORCED BY THE NEW
YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC), THE NEW
YORK STATE DEPARTMENT OF TAXATION AND FINANCE, THE NEW YORK STATE ATTOR-
NEY GENERAL AND/OR BY YOUR LOCAL GOVERNMENT."
S. 59--A 99 A. 159--A
SUCH SIGN MUST BE NO LESS THAN EIGHT INCHES BY TEN INCHES IN SIZE AND
HAVE LETTERING A MINIMUM OF ONE QUARTER INCH HIGH, AND OF A COLOR WHICH
CONTRASTS WITH THE BACKGROUND. THE DEPARTMENT SHALL MAINTAIN A TOLL
FREE TELEPHONE NUMBER FOR A "BOTTLE BILL COMPLAINT LINE" THAT SHALL BE
AVAILABLE FROM 9:00 A.M. TO 5:00 P.M. EACH BUSINESS DAY TO RECEIVE
REPORTS OF VIOLATIONS OF THIS TITLE. THE TELEPHONE NUMBER SHALL BE LIST-
ED ON ANY SIGN REQUIRED BY THIS SECTION.
3. ON OR AFTER JUNE FIRST, TWO THOUSAND NINE, IN A CITY WITH A POPU-
LATION GREATER THAN ONE MILLION, A DEALER MAY LIMIT THE NUMBER OF EMPTY
BEVERAGE CONTAINERS TO BE ACCEPTED FOR REDEMPTION AT THE DEALER'S PLACE
OF BUSINESS TO NO LESS THAN SEVENTY-TWO CONTAINERS PER VISIT, PER
REDEEMER, PER DAY, PROVIDED THAT:
(A) THE DEALER HAS A WRITTEN AGREEMENT WITH A REDEMPTION CENTER, BE IT
EITHER AT A FIXED PHYSICAL LOCATION WITHIN THE SAME COUNTY AND WITHIN
ONE-HALF MILE OF THE DEALER'S PLACE OF BUSINESS, OR A MOBILE REDEMPTION
CENTER, OPERATED BY A REDEMPTION CENTER, THAT IS LOCATED WITHIN
ONE-QUARTER MILE OF THE DEALER'S PLACE OF BUSINESS. THE REDEMPTION
CENTER MUST HAVE A WRITTEN AGREEMENT WITH THE DEALER TO ACCEPT CONTAIN-
ERS ON BEHALF OF THE DEALER; AND THE REDEMPTION CENTER'S HOURS OF OPERA-
TION MUST COVER AT LEAST 9:00 A.M. THROUGH 7:00 P.M. DAILY OR IN THE
CASE OF A MOBILE REDEMPTION CENTER, THE HOURS OF OPERATION MUST COVER AT
LEAST FOUR CONSECUTIVE HOURS BETWEEN 8:00 A.M. AND 8:00 P.M. DAILY. THE
DEALER MUST POST A CONSPICUOUS, PERMANENT SIGN, MEETING THE SIZE AND
COLOR SPECIFICATIONS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, OPEN
TO PUBLIC VIEW, IDENTIFYING THE LOCATION AND HOURS OF OPERATION OF THE
AFFILIATED REDEMPTION CENTER OR MOBILE REDEMPTION CENTER; OR
(B) THE DEALER PROVIDES, AT A MINIMUM, A CONSECUTIVE TWO HOUR PERIOD
BETWEEN 7:00 A.M. AND 7:00 P.M. DAILY WHEREBY THE DEALER WILL ACCEPT UP
TO TWO HUNDRED FORTY CONTAINERS, PER REDEEMER, PER DAY, AND POSTS A
CONSPICUOUS, PERMANENT SIGN, MEETING THE SIZE AND COLOR SPECIFICATIONS
SET FORTH IN SUBDIVISION TWO OF THIS SECTION, OPEN TO PUBLIC VIEW, IDEN-
TIFYING THOSE HOURS. THE DEALER MAY NOT CHANGE THE HOURS OF REDEMPTION
WITHOUT FIRST POSTING A THIRTY DAY NOTICE; OR
(C) THE DEALER'S PRIMARY BUSINESS IS THE SALE OF FOOD OR BEVERAGES FOR
CONSUMPTION OFF-PREMISES, AND THE DEALER'S PLACE OF BUSINESS IS LESS
THAN TEN THOUSAND SQUARE FEET IN SIZE.
4. A DEPOSIT INITIATOR OR DISTRIBUTOR SHALL ACCEPT FROM A DEALER OR
OPERATOR OF A REDEMPTION CENTER ANY EMPTY BEVERAGE CONTAINER OF THE
DESIGN, SHAPE, SIZE, COLOR, COMPOSITION AND BRAND SOLD OR OFFERED FOR
SALE BY THE DEPOSIT INITIATOR OR DISTRIBUTOR, AND SHALL PAY THE DEALER
OR OPERATOR OF A REDEMPTION CENTER THE REFUND VALUE OF EACH SUCH BEVER-
AGE CONTAINER AS ESTABLISHED BY SECTION 27-1005 OF THIS TITLE. A DEPOS-
IT INITIATOR OR DISTRIBUTOR SHALL ACCEPT AND REDEEM ALL SUCH EMPTY
BEVERAGE CONTAINERS FROM A DEALER OR REDEMPTION CENTER WITHOUT LIMITA-
TION ON QUANTITY.
5. A DEPOSIT INITIATOR'S OR DISTRIBUTOR'S FAILURE TO PICK UP EMPTY
BEVERAGE CONTAINERS, INCLUDING CONTAINERS PROCESSED IN A REVERSE VENDING
MACHINE, FROM A REDEMPTION CENTER, DEALER OR THE OPERATOR OF A REVERSE
VENDING MACHINE, SHALL BE A VIOLATION OF THIS TITLE.
6. IN ADDITION TO THE REFUND VALUE OF A BEVERAGE CONTAINER AS ESTAB-
LISHED BY SECTION 27-1005 OF THIS TITLE, A DEPOSIT INITIATOR OR DISTRIB-
UTOR SHALL PAY TO ANY DEALER, OR OPERATOR OF A REDEMPTION CENTER A
HANDLING FEE OF THREE AND ONE-HALF CENTS FOR EACH BEVERAGE CONTAINER
ACCEPTED BY THE DEPOSIT INITIATOR OR DISTRIBUTOR FROM SUCH DEALER OR
OPERATOR OF A REDEMPTION CENTER. PAYMENT OF THE HANDLING FEE SHALL BE
AS COMPENSATION FOR COLLECTING, SORTING AND PACKAGING OF EMPTY BEVERAGE
S. 59--A 100 A. 159--A
CONTAINERS FOR TRANSPORT BACK TO THE DEPOSIT INITIATOR OR ITS DESIGNEE.
PAYMENT OF THE HANDLING FEE MAY NOT BE CONDITIONED ON THE PURCHASE OF
ANY GOODS OR SERVICES, NOR MAY SUCH PAYMENT BE MADE OUT OF THE REFUND
VALUE ACCOUNT ESTABLISHED PURSUANT TO SECTION 27-1012 OF THIS TITLE. A
DISTRIBUTOR WHO DOES NOT INITIATE DEPOSITS ON A TYPE OF BEVERAGE
CONTAINER IS CONSIDERED A DEALER ONLY FOR THE PURPOSE OF RECEIVING A
HANDLING FEE FROM A DEPOSIT INITIATOR.
7. A DEPOSIT INITIATOR ON A BRAND SHALL ACCEPT FROM A DISTRIBUTOR WHO
DOES NOT INITIATE DEPOSITS ON THAT BRAND ANY EMPTY BEVERAGE CONTAINERS
OF THAT BRAND ACCEPTED BY THE DISTRIBUTOR FROM A DEALER OR OPERATOR OF A
REDEMPTION CENTER AND SHALL REIMBURSE THE DISTRIBUTOR THE REFUND VALUE
OF EACH SUCH BEVERAGE CONTAINER, AS ESTABLISHED BY SECTION 27-1005 OF
THIS TITLE. IN ADDITION, THE DEPOSIT INITIATOR SHALL REIMBURSE SUCH
DISTRIBUTOR FOR EACH SUCH BEVERAGE CONTAINER THE HANDLING FEE ESTAB-
LISHED UNDER SUBDIVISION SIX OF THIS SECTION. WITHOUT LIMITING THE
RIGHTS OF THE DEPARTMENT OR ANY PERSON, FIRM OR CORPORATION UNDER THIS
SUBDIVISION OR ANY OTHER PROVISION OF THIS SECTION, A DISTRIBUTOR SHALL
HAVE A CIVIL RIGHT OF ACTION TO ENFORCE THIS SUBDIVISION, INCLUDING,
UPON THREE DAYS NOTICE, THE RIGHT TO APPLY FOR TEMPORARY AND PRELIMINARY
INJUNCTIVE RELIEF AGAINST CONTINUING VIOLATIONS, AND UNTIL ARRANGEMENTS
FOR COLLECTION AND RETURN OF EMPTY CONTAINERS OR REIMBURSEMENT OF SUCH
DISTRIBUTOR FOR SUCH DEPOSITS AND HANDLING FEES ARE MADE.
8. IT SHALL BE THE RESPONSIBILITY OF THE DEPOSIT INITIATOR OR
DISTRIBUTOR TO PROVIDE TO A DEALER OR REDEMPTION CENTER A SUFFICIENT
NUMBER OF BAGS, CARTONS, OR OTHER SUITABLE CONTAINERS, AT NO COST, FOR
THE PACKAGING, HANDLING AND PICKUP OF EMPTY BEVERAGE CONTAINERS THAT ARE
NOT REDEEMED THROUGH A REVERSE VENDING MACHINE. THE BAGS, CARTONS, OR
CONTAINERS MUST BE PROVIDED BY THE DEPOSIT INITIATOR OR DISTRIBUTOR ON A
SCHEDULE THAT ALLOWS THE DEALER OR REDEMPTION CENTER SUFFICIENT TIME TO
SORT THE EMPTY BEVERAGE CONTAINERS PRIOR TO PICK UP BY THE DEPOSIT
INITIATOR OR DISTRIBUTOR. IN ADDITION:
(A) WHEN PICKING UP EMPTY BEVERAGE CONTAINERS, A DEPOSIT INITIATOR OR
DISTRIBUTOR SHALL NOT REQUIRE A DEALER OR REDEMPTION CENTER TO LOAD
THEIR OWN BAGS, CARTONS OR CONTAINERS ONTO OR INTO THE DEPOSIT INITI-
ATOR'S OR DISTRIBUTOR'S VEHICLE OR VEHICLES OR PROVIDE THE STAFF OR
EQUIPMENT NEEDED TO DO SO.
(B) A DEPOSIT INITIATOR OR DISTRIBUTOR SHALL NOT REQUIRE EMPTY
CONTAINERS TO BE COUNTED AT A LOCATION OTHER THAN THE REDEMPTION CENTER
OR DEALER'S PLACE OF BUSINESS. THE DEALER OR REDEMPTION CENTER SHALL
HAVE THE RIGHT TO BE PRESENT AT THE COUNT.
(C) A DEPOSIT INITIATOR OR DISTRIBUTOR SHALL PICK UP EMPTY BEVERAGE
CONTAINERS FROM THE DEALER OR REDEMPTION CENTER AT REASONABLE TIMES AND
INTERVALS AS DETERMINED IN RULES OR REGULATIONS PROMULGATED BY THE
DEPARTMENT.
9. NO PERSON SHALL RETURN OR ASSIST ANOTHER TO RETURN TO A DEALER OR
REDEMPTION CENTER AN EMPTY BEVERAGE CONTAINER FOR ITS REFUND VALUE IF
SUCH CONTAINER HAD PREVIOUSLY BEEN ACCEPTED FOR REDEMPTION BY A DEALER,
REDEMPTION CENTER, OR DEPOSIT INITIATOR WHO INITIATES DEPOSITS ON BEVER-
AGE CONTAINERS OF THE SAME BRAND.
10. A REDEEMER, DEALER, DISTRIBUTOR OR REDEMPTION CENTER SHALL NOT
KNOWINGLY RETURN FOR REFUND OR ACCEPT AND REDEEM AN EMPTY BEVERAGE
CONTAINER ON WHICH A DEPOSIT WAS NEVER PAID IN NEW YORK STATE.
11. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF SECTION
27-1009 OF THIS TITLE, A DEPOSIT INITIATOR OR DISTRIBUTOR SHALL ACCEPT
AND REDEEM BEVERAGE CONTAINERS AS PROVIDED IN THIS TITLE, IF THE DEALER
S. 59--A 101 A. 159--A
OR OPERATOR OF A REDEMPTION CENTER SHALL HAVE ACCEPTED AND PAID THE
REFUND VALUE OF SUCH BEVERAGE CONTAINERS.
S 5. Section 27-1009 of the environmental conservation law, as added
by chapter 200 of the laws of 1982, is amended to read as follows:
S 27-1009. Refusal of acceptance.
1. A dealer or operator of a redemption center may refuse to accept
from a redeemer, and a [distributor] DEPOSIT INITIATOR OR DISTRIBUTOR
may refuse to accept from a dealer or operator of a redemption center
any empty beverage container which does not state thereon a refund value
as established by section 27-1005 and provided by section 27-1011 of
this title.
2. A dealer or operator of a redemption center may also refuse to
accept any broken bottle, corroded or dismembered can, or any beverage
container which contains a significant amount of foreign material, as
determined in rules and regulations to be promulgated by the commission-
er. [Notwithstanding the provisions of this subdivision, a distributor
shall accept beverage containers as provided in subdivision two of
section 27-1007 of this title, if the dealer shall have accepted and
paid the refund value of such beverage containers.]
S 6. Subdivision 2 of section 27-1011 of the environmental conserva-
tion law is REPEALED.
S 7. Subdivisions 3 and 4 of section 27-1011 of the environmental
conservation law, subdivision 3 as amended by chapter 834 of the laws of
1984 and subdivision 4 as amended by chapter 149 of the laws of 1983,
are amended to read as follows:
[3.] 2. No DEPOSIT INITIATOR, distributor or dealer shall sell or
offer for sale, at wholesale or retail in this state, any metal beverage
container designed and constructed with a part of the container which is
detachable in opening the container unless such detachable part will
decompose by photodegradation or biodegradation.
[4.] 3. No DEPOSIT INITIATOR, distributor or dealer shall sell or
offer for sale in this state beverage containers connected to each other
by a separate holding device constructed of plastic which does not
decompose by photodegradation or biodegradation.
S 8. The environmental conservation law is amended by adding a new
section 27-1012 to read as follows:
S 27-1012. DEPOSIT AND DISPOSITION OF REFUND VALUES; REGISTRATION;
REPORTS.
1. EACH DEPOSIT INITIATOR SHALL DEPOSIT IN A REFUND VALUE ACCOUNT AN
AMOUNT EQUAL TO THE REFUND VALUE INITIATED UNDER SECTION 27-1005 OF THIS
TITLE WHICH IS RECEIVED WITH RESPECT TO EACH BEVERAGE CONTAINER SOLD BY
SUCH DEPOSIT INITIATOR, EXCEPT FOR THOSE REFUND VALUES RECEIVED FOR
REFILLABLE BEVERAGE CONTAINERS. SUCH DEPOSIT INITIATOR SHALL HOLD THE
AMOUNTS IN THE REFUND VALUE ACCOUNT IN TRUST FOR THE STATE. A REFUND
VALUE ACCOUNT SHALL BE AN INTEREST-BEARING ACCOUNT ESTABLISHED IN A
BANKING INSTITUTION LOCATED IN THIS STATE, THE DEPOSITS IN WHICH ARE
INSURED BY AN AGENCY OF THE FEDERAL GOVERNMENT. DEPOSITS OF SUCH AMOUNTS
INTO THE REFUND VALUE ACCOUNT SHALL BE MADE NOT LESS FREQUENTLY THAN
EVERY FIVE BUSINESS DAYS. ALL INTEREST, DIVIDENDS AND RETURNS EARNED ON
THE REFUND VALUE ACCOUNT SHALL BE PAID DIRECTLY INTO SAID ACCOUNT. THE
MONIES IN SUCH ACCOUNTS SHALL BE KEPT SEPARATE AND APART FROM ALL OTHER
MONEYS IN THE POSSESSION OF THE DEPOSIT INITIATOR. THE COMMISSIONER OF
TAXATION AND FINANCE MAY SPECIFY A SYSTEM OF ACCOUNTS AND RECORDS TO BE
MAINTAINED WITH RESPECT TO ACCOUNTS ESTABLISHED UNDER THIS SUBDIVISION.
2. PAYMENTS OF REFUND VALUES PURSUANT TO SECTION 27-1007 OF THIS
TITLE, EXCEPT FOR PAYMENTS OF REFUND VALUES ON REFILLABLE BEVERAGE
S. 59--A 102 A. 159--A
CONTAINERS SHALL BE PAID FROM EACH DEPOSIT INITIATOR'S REFUND VALUE
ACCOUNT. NO OTHER PAYMENT OR WITHDRAWAL FROM SUCH ACCOUNT MAY BE MADE
EXCEPT AS PRESCRIBED BY THIS SECTION.
3. EACH DEPOSIT INITIATOR SHALL FILE QUARTERLY REPORTS WITH THE
COMMISSIONER OF TAXATION AND FINANCE ON A FORM AND IN THE MANNER
PRESCRIBED BY SUCH COMMISSIONER. THE COMMISSIONER OF TAXATION AND
FINANCE MAY REQUIRE SUCH REPORTS TO BE FILED ELECTRONICALLY. THE QUAR-
TERLY REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE FILED FOR THE QUAR-
TERLY PERIODS ENDING ON THE LAST DAY OF MAY, AUGUST, NOVEMBER AND FEBRU-
ARY OF EACH YEAR, AND EACH SUCH REPORT SHALL BE FILED WITHIN TWENTY DAYS
AFTER THE END OF THE QUARTERLY PERIOD COVERED THEREBY. EACH SUCH REPORT
SHALL INCLUDE ALL INFORMATION SUCH COMMISSIONER SHALL DETERMINE APPRO-
PRIATE INCLUDING BUT NOT LIMITED TO THE FOLLOWING INFORMATION:
A. THE BALANCE IN THE REFUND VALUE ACCOUNT AT THE BEGINNING OF THE
QUARTER FOR WHICH THE REPORT IS PREPARED;
B. ALL SUCH DEPOSITS CREDITED TO THE REFUND VALUE ACCOUNT AND ALL
INTEREST, DIVIDENDS OR RETURNS RECEIVED ON SUCH ACCOUNT, DURING SUCH
QUARTER;
C. ALL WITHDRAWALS FROM THE REFUND VALUE ACCOUNT DURING SUCH QUARTER,
INCLUDING ALL REIMBURSEMENTS PAID PURSUANT TO SUBDIVISION TWO OF THIS
SECTION, ALL SERVICE CHARGES ON THE ACCOUNT, AND ALL PAYMENTS MADE
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION; AND
D. THE BALANCE IN THE REFUND VALUE ACCOUNT AT THE CLOSE OF SUCH QUAR-
TER.
SUCH REPORT SHALL NOT INCLUDE ANY INFORMATION PERTAINING TO REFILLABLE
BEVERAGE CONTAINERS.
4. A. QUARTERLY PAYMENTS. AN AMOUNT EQUAL TO THE BALANCE OUTSTANDING
IN THE REFUND VALUE ACCOUNT AT THE CLOSE OF EACH QUARTER SHALL BE PAID
TO THE COMMISSIONER OF TAXATION AND FINANCE AT THE TIME THE REPORT
PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION IS REQUIRED TO BE
FILED. IF THE PROVISIONS OF THIS SECTION WITH RESPECT TO SUCH ACCOUNT
HAVE NOT BEEN FULLY COMPLIED WITH, EACH DEPOSIT INITIATOR SHALL PAY TO
SUCH COMMISSIONER AT SUCH TIME, IN LIEU OF THE AMOUNT DESCRIBED IN THE
PRECEDING SENTENCE, AN AMOUNT EQUAL TO THE BALANCE WHICH WOULD HAVE BEEN
OUTSTANDING ON SUCH DATE HAD SUCH PROVISIONS BEEN FULLY COMPLIED WITH.
THE COMMISSIONER OF TAXATION AND FINANCE MAY REQUIRE THAT THE PAYMENTS
BE MADE ELECTRONICALLY.
B. REFUND VALUE ACCOUNT SHORTFALL. IN THE EVENT A DEPOSIT INITIATOR
PAYS OUT MORE IN REFUND VALUES THAN IT COLLECTS IN DEPOSITS OF REFUND
VALUES DURING THE COURSE OF A QUARTERLY PERIOD AS DESCRIBED IN SUBDIVI-
SION THREE OF THIS SECTION, THE DEPOSIT INITIATOR MAY APPLY TO THE
COMMISSIONER OF TAXATION AND FINANCE FOR A REFUND OF THE AMOUNT OF SUCH
EXCESS PAYMENT OF REFUND VALUES FROM SOURCES OTHER THAN THE REFUND VALUE
ACCOUNT, IN THE MANNER AS PROVIDED BY THE COMMISSIONER OF TAXATION AND
FINANCE.
C. FINAL REPORT. A DEPOSIT INITIATOR WHO CEASES TO DO BUSINESS IN THIS
STATE AS A DEPOSIT INITIATOR SHALL FILE A FINAL REPORT AND REMIT PAYMENT
OF ALL AMOUNTS IN THE REFUND VALUE ACCOUNT AS OF THE CLOSE OF THE DEPOS-
IT INITIATOR'S LAST DAY OF BUSINESS. THE COMMISSIONER MAY REQUIRE THAT
THE PAYMENTS BE MADE ELECTRONICALLY. THE DEPOSIT INITIATOR SHALL INDI-
CATE ON THE REPORT THAT IT IS A "FINAL REPORT". THE FINAL REPORT IS DUE
TO BE FILED WITH PAYMENT TWENTY DAYS AFTER THE CLOSE OF THE QUARTERLY
PERIOD IN WHICH THE DEPOSIT INITIATOR CEASES TO DO BUSINESS. IN THE
EVENT THE DEPOSIT INITIATOR PAYS OUT MORE IN REFUND VALUES THAN IT
COLLECTS IN SUCH FINAL QUARTERLY PERIOD, THE DEPOSIT INITIATOR MAY APPLY
TO THE COMMISSIONER OF TAXATION AND FINANCE FOR A REFUND OF THE AMOUNT
S. 59--A 103 A. 159--A
OF SUCH EXCESS PAYMENT OF REFUND VALUES FROM SOURCES OTHER THAN THE
REFUND VALUE ACCOUNT, IN THE MANNER AS PROVIDED BY THE COMMISSIONER OF
TAXATION AND FINANCE.
5. ALL MONEYS COLLECTED OR RECEIVED BY THE DEPARTMENT OF TAXATION AND
FINANCE PURSUANT TO THIS TITLE, AFTER DEDUCTION OF THE AMOUNT THE
COMMISSIONER OF TAXATION AND FINANCE DETERMINES IS NECESSARY TO COVER
REASONABLE COSTS INCURRED BY THE DEPARTMENT OF TAXATION AND FINANCE TO
IMPLEMENT, ADMINISTER AND ENFORCE THE PROVISIONS OF THIS TITLE, SHALL BE
DEPOSITED TO THE CREDIT OF THE COMPTROLLER WITH SUCH RESPONSIBLE BANKS,
BANKING HOUSES OR TRUST COMPANIES AS MAY BE DESIGNATED BY THE COMP-
TROLLER. SUCH DEPOSITS SHALL BE KEPT SEPARATE AND APART FROM ALL OTHER
MONEYS IN THE POSSESSION OF THE COMPTROLLER. THE COMPTROLLER SHALL
REQUIRE ADEQUATE SECURITY FROM ALL SUCH DEPOSITORIES. OF THE TOTAL
REVENUE COLLECTED, THE COMPTROLLER SHALL RETAIN THE AMOUNT DETERMINED BY
THE COMMISSIONER OF TAXATION AND FINANCE TO BE NECESSARY FOR REFUNDS OUT
OF WHICH THE COMPTROLLER MUST PAY ANY REFUNDS TO WHICH A DEPOSIT INITI-
ATOR MAY BE ENTITLED. AFTER RESERVING THE AMOUNT TO PAY REFUNDS, THE
COMPTROLLER MUST, BY THE TENTH DAY OF EACH MONTH, PAY INTO THE ENVIRON-
MENTAL PROTECTION FUND THE REVENUE DEPOSITED UNDER THIS SUBDIVISION
DURING THE PRECEDING CALENDAR MONTH AND REMAINING TO THE COMPTROLLER'S
CREDIT ON THE LAST DAY OF THAT PRECEDING MONTH.
5-A. EACH DEPOSIT INITIATOR WHO INITIATES DEPOSITS ON REFILLABLE
BEVERAGE CONTAINERS SHALL FILE AN ANNUAL REPORT WITH THE COMMISSIONER ON
A FORM AND IN THE MANNER PRESCRIBED BY THE COMMISSIONER. THE COMMISSION-
ER MAY REQUIRE SUCH REPORT BE FILED ELECTRONICALLY. SUCH REPORT SHALL
INCLUDE ALL INFORMATION THE COMMISSIONER SHALL DETERMINE APPROPRIATE
PERTAINING TO DEPOSITS FOR REFILLABLE BEVERAGE CONTAINERS, INCLUDING BUT
NOT LIMITED TO: TOTAL DEPOSITS INITIATED; TOTAL DEPOSITS REDEEMED; AND
ALL UNCLAIMED DEPOSITS RETAINED BY SUCH DEPOSIT INITIATOR.
6. THE COMMISSIONER AND THE COMMISSIONER OF TAXATION AND FINANCE SHALL
PROMULGATE, AND SHALL CONSULT EACH OTHER IN PROMULGATING, SUCH RULES AND
REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS
TITLE. THE COMMISSIONER AND THE COMMISSIONER OF TAXATION AND FINANCE
SHALL PROVIDE ALL NECESSARY AID AND ASSISTANCE TO EACH OTHER, INCLUDING
THE SHARING OF ANY INFORMATION THAT IS NECESSARY TO THEIR RESPECTIVE
ADMINISTRATION AND ENFORCEMENT RESPONSIBILITIES PURSUANT TO THE
PROVISIONS OF THIS TITLE.
7. A. ANY PERSON WHO IS A DEPOSIT INITIATOR UNDER THIS TITLE ON MARCH
FIRST, TWO THOUSAND NINE, MUST APPLY BY MAY FIRST, TWO THOUSAND NINE TO
THE COMMISSIONER OF TAXATION AND FINANCE FOR REGISTRATION AS A DEPOSIT
INITIATOR. ANY PERSON WHO BECOMES A DEPOSIT INITIATOR AFTER MARCH
FIRST, TWO THOUSAND NINE SHALL APPLY FOR REGISTRATION PRIOR TO COLLECT-
ING ANY DEPOSITS AS SUCH A DEPOSIT INITIATOR. SUCH APPLICATION SHALL BE
IN A FORM PRESCRIBED BY THE COMMISSIONER OF TAXATION AND FINANCE AND
SHALL REQUIRE SUCH INFORMATION DEEMED TO BE NECESSARY FOR PROPER ADMIN-
ISTRATION OF THIS TITLE. THE COMMISSIONER OF TAXATION AND FINANCE MAY
REQUIRE THAT APPLICATIONS FOR REGISTRATION MUST BE SUBMITTED ELECTRON-
ICALLY. THE COMMISSIONER OF TAXATION AND FINANCE SHALL ELECTRONICALLY
ISSUE A DEPOSIT INITIATOR REGISTRATION CERTIFICATE IN A FORM PRESCRIBED
BY THE COMMISSIONER OF TAXATION AND FINANCE WITHIN FIFTEEN DAYS OF
RECEIPT OF SUCH APPLICATION OR MAY TAKE AN ADDITIONAL TEN DAYS IF THE
COMMISSIONER OF TAXATION AND FINANCE DEEMS IT NECESSARY TO CONSULT WITH
THE COMMISSIONER BEFORE ISSUING SUCH REGISTRATION CERTIFICATE. A REGIS-
TRATION CERTIFICATE ISSUED PURSUANT TO THIS SUBDIVISION MAY BE ISSUED
FOR A SPECIFIED TERM OF NOT LESS THAN THREE YEARS AND SHALL BE SUBJECT
TO RENEWAL IN ACCORDANCE WITH PROCEDURES SPECIFIED BY THE COMMISSIONER
S. 59--A 104 A. 159--A
OF TAXATION AND FINANCE. THE COMMISSIONER OF TAXATION AND FINANCE SHALL
FURNISH TO THE COMMISSIONER A COMPLETE LIST OF REGISTERED DEPOSIT INITI-
ATORS AND SHALL CONTINUALLY UPDATE SUCH LIST AS WARRANTED. THE COMMIS-
SIONER SHALL SHARE ANY INFORMATION WITH THE COMMISSIONER OF TAXATION AND
FINANCE THAT IS NECESSARY FOR THE ADMINISTRATION OF THIS SUBDIVISION.
B. THE COMMISSIONER OF TAXATION AND FINANCE SHALL HAVE THE AUTHORITY
TO REVOKE OR REFUSE TO RENEW ANY REGISTRATION ISSUED PURSUANT TO THIS
SUBDIVISION WHEN IT HAS BEEN DETERMINED BY THE COMMISSIONER OF TAXATION
AND FINANCE OR SUCH COMMISSIONER HAS BEEN INFORMED BY THE COMMISSIONER
THAT ANY OF THE PROVISIONS OF THIS TITLE OR RULES AND REGULATIONS
PROMULGATED THEREUNDER HAVE BEEN VIOLATED. SUCH VIOLATIONS SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FAILURE TO FILE QUARTERLY REPORTS,
THE FAILURE TO MAKE PAYMENTS PURSUANT TO THIS SUBDIVISION, THE PROVIDING
OF FALSE OR FRAUDULENT INFORMATION TO EITHER THE DEPARTMENT OF TAXATION
AND FINANCE OR THE DEPARTMENT, OR KNOWINGLY AIDING OR ABETTING ANOTHER
PERSON IN VIOLATING ANY OF THE PROVISIONS OF THIS TITLE. A NOTICE OF
PROPOSED REVOCATION OR NON-RENEWAL SHALL BE GIVEN TO THE DEPOSIT INITI-
ATOR IN THE MANNER PRESCRIBED FOR A NOTICE OF DEFICIENCY OF TAX AND ALL
THE PROVISIONS APPLICABLE TO A NOTICE OF DEFICIENCY UNDER ARTICLE TWEN-
TY-SEVEN OF THE TAX LAW SHALL APPLY TO A NOTICE ISSUED PURSUANT TO THIS
PARAGRAPH, INSOFAR AS SUCH PROVISIONS CAN BE MADE APPLICABLE TO A NOTICE
AUTHORIZED BY THIS PARAGRAPH, WITH SUCH MODIFICATIONS AS MAY BE NECES-
SARY IN ORDER TO ADAPT THE LANGUAGE OF SUCH PROVISIONS TO THE NOTICE
AUTHORIZED BY THIS PARAGRAPH. ALL SUCH NOTICES ISSUED BY THE COMMISSION-
ER OF TAXATION AND FINANCE PURSUANT TO THIS PARAGRAPH SHALL CONTAIN A
STATEMENT ADVISING THE DEPOSIT INITIATOR THAT THE REVOCATION OR NON-RE-
NEWAL OF REGISTRATION MAY BE CHALLENGED THROUGH A HEARING PROCESS AND
THE PETITION FOR SUCH A CHALLENGE MUST BE FILED WITH THE COMMISSIONER OF
TAXATION AND FINANCE WITHIN NINETY DAYS AFTER SUCH NOTICE IS ISSUED. A
DEPOSIT INITIATOR WHOSE REGISTRATION HAS BEEN SO REVOKED OR NOT RENEWED
SHALL CEASE TO DO BUSINESS AS A DEPOSIT INITIATOR IN THIS STATE, UNTIL
THIS TITLE HAS BEEN COMPLIED WITH AND A NEW REGISTRATION HAS BEEN
ISSUED. ANY DEPOSIT INITIATOR WHOSE REGISTRATION HAS BEEN SO REVOKED MAY
NOT APPLY FOR REGISTRATION FOR TWO YEARS FROM THE DATE SUCH REVOCATION
TAKES EFFECT.
8. THE COMMISSIONER OF TAXATION AND FINANCE MAY REQUIRE THE MAINTE-
NANCE OF SUCH ACCOUNTS, RECORDS OR DOCUMENTS RELATING TO THE SALE OF
BEVERAGE CONTAINERS, BY ANY BOTTLER, DISTRIBUTOR, DEALER OR REDEMPTION
CENTER AS SUCH COMMISSIONER MAY DEEM APPROPRIATE FOR THE ADMINISTRATION
OF THIS SECTION. SUCH COMMISSIONER MAY MAKE EXAMINATIONS, INCLUDING THE
CONDUCT OF FACILITY INSPECTIONS DURING REGULAR BUSINESS HOURS, WITH
RESPECT TO THE ACCOUNTS, RECORDS OR DOCUMENTS REQUIRED TO BE MAINTAINED
UNDER THIS SUBDIVISION. SUCH ACCOUNTS, RECORDS AND DOCUMENTS SHALL BE
PRESERVED FOR A PERIOD OF THREE YEARS, EXCEPT THAT SUCH COMMISSIONER MAY
CONSENT TO THEIR DESTRUCTION WITHIN THAT PERIOD OR MAY REQUIRE THAT THEY
BE KEPT LONGER. SUCH ACCOUNTS, RECORDS AND DOCUMENTS MAY BE KEPT WITHIN
THE MEANING OF THIS SUBDIVISION WHEN REPRODUCED BY ANY PHOTOGRAPHIC,
PHOTOSTATIC, MICROFILM, MICRO-CARD, MINIATURE PHOTOGRAPHIC OR OTHER
PROCESS WHICH ACTUALLY REPRODUCES THE ORIGINAL ACCOUNTS, RECORDS OR
DOCUMENTS.
9. A. ANY PERSON REQUIRED TO BE REGISTERED UNDER THIS SECTION WHO,
WITHOUT BEING SO REGISTERED, SELLS OR OFFERS FOR SALE BEVERAGE CONTAIN-
ERS IN THIS STATE, IN ADDITION TO ANY OTHER PENALTY IMPOSED BY THIS
TITLE, SHALL BE SUBJECT TO A PENALTY TO BE ASSESSED BY THE COMMISSIONER
OF TAXATION AND FINANCE IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS
FOR THE FIRST DAY ON WHICH SUCH SALES OR OFFERS FOR SALE ARE MADE, PLUS
S. 59--A 105 A. 159--A
AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT DAY ON
WHICH SUCH SALES OR OFFERS FOR SALE ARE MADE, NOT TO EXCEED TWENTY-FIVE
THOUSAND DOLLARS IN THE AGGREGATE.
B. ANY DEPOSIT INITIATOR WHO FAILS TO MAINTAIN ACCOUNTS OR RECORDS
PURSUANT TO THIS SECTION, UNLESS IT IS SHOWN THAT SUCH FAILURE WAS DUE
TO REASONABLE CAUSE AND NOT DUE TO NEGLIGENCE OR WILLFUL NEGLECT, IN
ADDITION TO ANY OTHER PENALTY IMPOSED BY THIS TITLE, SHALL BE SUBJECT TO
A PENALTY TO BE ASSESSED BY THE COMMISSIONER OF TAXATION AND FINANCE OF
NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH QUARTER DURING WHICH SUCH
FAILURE OCCURRED, AND AN ADDITIONAL PENALTY OF NOT MORE THAN ONE THOU-
SAND DOLLARS FOR EACH QUARTER SUCH FAILURE CONTINUES.
10. THE PROVISIONS OF ARTICLE TWENTY-SEVEN OF THE TAX LAW SHALL APPLY
TO THE PROVISIONS OF THIS TITLE FOR WHICH THE COMMISSIONER OF TAXATION
AND FINANCE IS RESPONSIBLE, INCLUDING COLLECTION OF REFUND VALUE
AMOUNTS, IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE
LANGUAGE OF SUCH ARTICLE HAD BEEN INCORPORATED IN FULL INTO THIS SECTION
EXCEPT TO THE EXTENT THAT ANY PROVISION OF SUCH ARTICLE IS EITHER INCON-
SISTENT WITH A PROVISION OF THIS SECTION OR IS NOT RELEVANT TO THIS
SECTION AS DETERMINED BY THE COMMISSIONER OF TAXATION AND FINANCE.
FURTHERMORE, FOR PURPOSES OF APPLYING THE PROVISIONS OF ARTICLE TWENTY-
SEVEN OF THE TAX LAW, WHERE THE TERMS "TAX" AND "TAXES" APPEAR IN SUCH
ARTICLE, SUCH TERMS SHALL BE CONSTRUED TO MEAN "REFUND VALUE" OR
"BALANCE IN THE REFUND VALUE ACCOUNT".
11. IF ANY DEPOSIT INITIATOR FAILS OR REFUSES TO FILE A REPORT OR
FURNISH ANY INFORMATION REQUESTED IN WRITING BY THE DEPARTMENT OF TAXA-
TION AND FINANCE OR THE DEPARTMENT, THE DEPARTMENT OF TAXATION AND
FINANCE WITH THE ASSISTANCE OF THE DEPARTMENT MAY, FROM ANY INFORMATION
IN ITS POSSESSION, MAKE AN ESTIMATE OF THE DEFICIENCY AND COLLECT SUCH
DEFICIENCY FROM SUCH DEPOSIT INITIATOR.
S 9. Section 27-1013 of the environmental conservation law, as amended
by chapter 149 of the laws of 1983, is amended to read as follows:
S 27-1013. Redemption centers.
The commissioner is hereby empowered to promulgate rules and regu-
lations governing (1) the circumstances in which dealers and distribu-
tors, individually or collectively, are required to accept the return of
empty beverage containers, and make payment therefor; (2) the sorting of
the containers which a DEPOSIT INITIATOR OR distributor may require of
dealers and redemption centers; (3) the [pick up] COLLECTION of returned
beverage containers by DEPOSIT INITIATORS OR distributors, including the
party to whom such expense is to be charged, the frequency of such pick
ups and the payment for refunds and handling fees thereon; (4) the right
of dealers to restrict or limit the number of containers redeemed, the
rules for redemption at the dealers' place of business, and the redemp-
tion of containers from a beverage for which sales have been discontin-
ued, and to issue permits to persons, firms or corporations which estab-
lish redemption centers, subject to applicable provisions of local and
state laws, at which redeemers and dealers may return empty beverage
containers and receive payment of the refund value of such beverage
containers. No dealer or distributor, as defined in section 27-1003 OF
THIS TITLE, shall be required to obtain a permit to operate a redemption
center at the same location as the dealer's or distributor's place of
business. Operators of such redemption centers shall receive payment of
the refund value of each beverage container from the appropriate
[manufacturer] DEPOSIT INITIATOR or distributor as provided under
[sections] SECTION 27-1007 [and 27-1009] of this title.
S. 59--A 106 A. 159--A
S 10. Section 27-1014 of the environmental conservation law, as added
by chapter 149 of the laws of 1983, is amended to read as follows:
S 27-1014. [Limitation on] AUTHORITY TO PROMULGATE rules and regu-
lations.
In addition to the authority of the commissioner, under sections
27-1009 and 27-1013 of this title, the commissioner shall [only have the
power to promulgate rules and regulations governing the initiation of
deposits, sale of beverages in containers through vending machines and
for on-premises consumption, record keeping, refunding for refillable
beverage containers, embossing, imprinting or labeling of refund values
and enforcement of the provisions of this section and sections 27-1009
and 27-1013 of this title] HAVE THE POWER TO PROMULGATE RULES AND REGU-
LATIONS necessary and appropriate [to] FOR the [implementation] ADMINIS-
TRATION of this title.
S 11. Section 27-1015 of the environmental conservation law, as added
by chapter 200 of the laws of 1982, subdivision 1 as designated and
subdivision 2 as added by chapter 149 of the laws of 1983, is amended to
read as follows:
S 27-1015. Violations.
1. A violation of this title, EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION AND SECTION 27-1012 OF THIS TITLE, shall be a public nuisance.
In addition, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION AND SECTION
27-1012 OF THIS TITLE, any person who shall violate any provision of
this title shall be liable TO THE STATE OF NEW YORK for a civil penalty
of not more than five hundred dollars FOR EACH VIOLATION, and an addi-
tional civil penalty of not more than five hundred dollars for each day
during which each such violation continues. Any civil penalty may be
assessed following a hearing or opportunity to be heard.
2. ANY DISTRIBUTOR OR DEPOSIT INITIATOR WHO VIOLATES ANY PROVISION OF
THIS TITLE, EXCEPT AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, SHALL
BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE THAN
ONE THOUSAND DOLLARS FOR EACH VIOLATION, AND AN ADDITIONAL CIVIL PENALTY
OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH DAY DURING WHICH EACH
SUCH VIOLATION CONTINUES. ANY CIVIL PENALTY MAY BE ASSESSED FOLLOWING A
HEARING OR OPPORTUNITY TO BE HEARD.
3. It shall be unlawful for a distributor OR DEPOSIT INITIATOR, acting
alone or aided by another, to return ANY empty beverage [containers]
CONTAINER to a dealer or redemption center for [their] ITS refund value
if the distributor OR DEPOSIT INITIATOR had previously accepted such
beverage [containers] CONTAINER from any dealer or operator of a redemp-
tion center. A violation of this subdivision shall be a misdemeanor
punishable by a fine of not less than five hundred dollars nor more than
one thousand dollars and an amount equal to two times the amount of
money received as a result of such violation.
4. ANY PERSON WHO WILFULLY TENDERS TO A DEALER, DISTRIBUTOR, REDEMP-
TION CENTER OR DEPOSIT INITIATOR MORE THAN FORTY-EIGHT EMPTY BEVERAGE
CONTAINERS ON WHICH A DEPOSIT WAS NEVER PAID IN NEW YORK STATE MAY BE
ASSESSED BY THE DEPARTMENT A CIVIL PENALTY OF UP TO ONE HUNDRED DOLLARS
FOR EACH CONTAINER OR UP TO TWENTY-FIVE THOUSAND DOLLARS FOR EACH SUCH
TENDER OF CONTAINERS. AT EACH LOCATION WHERE A PERSON TENDERS CONTAINERS
FOR REDEMPTION, DEALERS AND REDEMPTION CENTERS MUST CONSPICUOUSLY
DISPLAY A SIGN IN LETTERS THAT ARE AT LEAST ONE INCH IN HEIGHT WITH THE
FOLLOWING INFORMATION: "WARNING: PERSONS TENDERING FOR REDEMPTION
CONTAINERS ON WHICH A DEPOSIT WAS NEVER PAID IN THIS STATE MAY BE
SUBJECT TO A CIVIL PENALTY OF UP TO ONE HUNDRED DOLLARS PER CONTAINER OR
UP TO TWENTY-FIVE THOUSAND DOLLARS FOR EACH SUCH TENDER OF CONTAINERS."
S. 59--A 107 A. 159--A
ANY CIVIL PENALTY MAY BE ASSESSED FOLLOWING A HEARING OR OPPORTUNITY TO
BE HEARD.
5. THE DEPARTMENT, THE DEPARTMENT OF TAXATION AND FINANCE AND THE
ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS
TITLE. IN ADDITION, THE COMMISSIONER MAY, CONSISTENT WITH PARAGRAPH P
OF SUBDIVISION 2 OF SECTION 3-0301 OF THIS CHAPTER, DELEGATE TO LOCAL
GOVERNMENTS AND ENVIRONMENTAL AGENCIES THEREOF APPROPRIATE FUNCTIONS OF
THE DEPARTMENT UNDER THIS TITLE TO ASSIST THE DEPARTMENT IN IMPLEMENTING
AND MONITORING COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE.
S 12. The environmental conservation law is amended by adding a new
section 27-1016 to read as follows:
S 27-1016. PUBLIC EDUCATION.
WITHIN THE LIMITS OF APPROPRIATIONS THEREFOR, THE COMMISSIONER SHALL
ESTABLISH A PUBLIC EDUCATION PROGRAM TO DISSEMINATE INFORMATION REGARD-
ING IMPLEMENTATION OF THIS TITLE. SUCH INFORMATION SHALL INCLUDE, BUT
NOT BE LIMITED TO, PUBLICATION OF THE NEW YORK BOTTLE BILL OF RIGHTS AS
SPECIFIED IN SUBDIVISION TWO OF SECTION 27-1007 OF THIS TITLE; PUBLICA-
TION OF INFORMATION SPECIFYING THE PROCEDURES NECESSARY TO ESTABLISH A
REDEMPTION CENTER AS PROVIDED IN SECTION 27-1013 OF THIS TITLE, INCLUD-
ING INFORMATION REGARDING FINANCIAL ASSISTANCE AVAILABLE FOR THE ESTAB-
LISHMENT OF REDEMPTION CENTERS AS PROVIDED IN SECTION 27-1018 OF THIS
TITLE; PUBLICATION OF INFORMATION DELINEATING THE RELEVANT RIGHTS AND
RESPONSIBILITIES OF DEPOSIT INITIATORS, DISTRIBUTORS, DEALERS, REDEMP-
TION CENTERS AND REDEEMERS UNDER THE PROVISIONS OF THIS TITLE; PUBLICA-
TION OF INFORMATION REGARDING THE REQUIREMENT THAT DEPOSIT INITIATORS
REGISTER WITH THE DEPARTMENT OF TAXATION AND FINANCE; AND PUBLICATION OF
INFORMATION ON THE GENERAL BENEFITS OF RECYCLING.
S 13. Section 27-1017 of the environmental conservation law, as added
by chapter 200 of the laws of 1982, is amended to read as follows:
S 27-1017. Local beverage container laws.
The provisions of this title shall not be construed so as to limit in
any way the authority [of] political subdivisions of the state HAD to
enact, implement and enforce local beverage container control laws prior
to but not after the effective date of [this title] THE NEW YORK STATE
RETURNABLE CONTAINER ACT. NOTHING IN THIS SECTION SHALL LIMIT THE
AUTHORITY OF POLITICAL SUBDIVISIONS OF THE STATE TO ENFORCE THE
PROVISIONS OF THIS TITLE THAT PERTAIN TO THE OBLIGATIONS AND RESPONSI-
BILITIES OF SUCH POLITICAL SUBDIVISION.
S 14. The environmental conservation law is amended by adding a new
section 27-1018 to read as follows:
S 27-1018. BEVERAGE CONTAINER ASSISTANCE PROGRAM.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WITHIN THE
LIMITS OF APPROPRIATIONS THEREFOR, THE COMMISSIONER SHALL MAKE STATE
ASSISTANCE PAYMENTS TO MUNICIPALITIES AND NOT-FOR-PROFIT ORGANIZATIONS
FOR THE COST OF REVERSE VENDING MACHINES AND GRANTS NOT TO EXCEED FIFTY
PERCENT OF THE COSTS OF EQUIPMENT, AND/OR THE ACQUISITION AND/OR REHA-
BILITATION OF REAL PROPERTY OR STRUCTURES RELATED TO THE COLLECTING,
SORTING, AND PACKAGING OF EMPTY BEVERAGE CONTAINERS SUBJECT TO THE
PROVISIONS OF THIS TITLE. SUCH PAYMENTS SHALL INCLUDE COSTS RELATED TO
THE ESTABLISHMENT OF REDEMPTION CENTERS, INCLUDING MOBILE REDEMPTION
CENTERS. FOR THE PURPOSES OF THIS SECTION, MUNICIPALITIES AND
NOT-FOR-PROFIT ORGANIZATIONS SHALL HAVE THE MEANING AS DEFINED IN
SECTION 54-0101 OF THIS CHAPTER.
S 15. Paragraph h of subdivision 1 of section 261 of the economic
development law, as amended by chapter 471 of the laws of 1998, is
amended to read as follows:
S. 59--A 108 A. 159--A
h. "Eligible project" shall mean actions taken by or on behalf of a
New York business involving the acquisition, construction, alteration,
repair or improvement of a building, fixtures, machinery or equipment,
provided that such project results in:
(i) source reduction or material substitution, provided that the
substitution of one hazardous substance, product or nonproduct output
for another does not result in the creation of a new risk,
(ii) in-process recycling,
(iii) recycling or reuse of non-hazardous solid wastes,
(iv) increased energy efficiency,
(v) conservation of the use of water or other natural resources
improvements in process economics,
(vi) elimination of the purchase of materials, the production of which
for the use of said firm would result in more waste or resource consump-
tion, or
(vii) other practices or technologies that reduce the use of hazardous
materials or otherwise improve air or water quality.
THE TERM "ELIGIBLE PROJECT" SHALL ALSO INCLUDE ACTIONS TAKEN BY OR ON
BEHALF OF A NEW YORK BUSINESS TO SUPPORT COSTS OF EQUIPMENT, AND/OR THE
ACQUISITION AND/OR REHABILITATION OF REAL PROPERTY OR STRUCTURES RELATED
TO THE COLLECTING, SORTING, AND PACKAGING OF EMPTY BEVERAGE CONTAINERS
AS SUCH TERMS ARE DEFINED IN TITLE TEN OF ARTICLE TWENTY-SEVEN OF THE
ENVIRONMENTAL CONSERVATION LAW.
The term "eligible project" shall not include end of pipe pollution
control technologies or practices where such controls or practices are
designed primarily to achieve compliance with the environmental conser-
vation law or regulations promulgated pursuant thereto, or energy recov-
ery or incineration, or out-of-process recycling or reuse of hazardous
waste or hazardous substances.
S 16. Subdivision 3 of section 92-s of the state finance law, as
amended by chapter 145 of the laws of 2004, is amended to read as
follows:
3. Such fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one of the tax law, the
amount of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service charges pursuant to section
four hundred four-l of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three, all moneys required to be deposited
pursuant to section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments of loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three hundred nine of the laws of nineteen
hundred ninety-six, provided however, that such moneys shall only be
used for the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent order with the
Northville industries signed on October thirteenth, nineteen hundred
ninety-four and the related resource restoration and replacement plan,
the amount of penalties required to be deposited therein by section
71-2724 of the environmental conservation law, THE AMOUNT OF REVENUE,
INTEREST AND PENALTIES RELATED TO UNCLAIMED DEPOSITS ON BEVERAGE
CONTAINERS DEPOSITED PURSUANT TO TITLE TEN OF ARTICLE TWENTY-SEVEN OF
S. 59--A 109 A. 159--A
THE ENVIRONMENTAL CONSERVATION LAW and all other moneys credited or
transferred thereto from any other fund or source pursuant to law. All
such revenue shall be initially deposited into the environmental
protection fund, for application as provided in subdivision five of this
section.
S 17. This act shall take effect immediately, provided however, that:
1. sections two, three and eight of this act shall take effect March
1, 2009;
2. sections four, five, six, seven, nine, eleven and thirteen of this
act shall take effect May 1, 2009; and
3. the requirements to make deposits, file reports and make with-
drawals and payments under section 27-1012 of the environmental conser-
vation law, as added by section eight of this act, with respect to
containers defined as beverage containers prior to March 1, 2009, shall
first apply to the period beginning on March 1, 2009 and ending May 31,
2009, and with respect to all other beverage containers shall first
apply to the period beginning on May 1, 2009 and ending May 31, 2009,
provided that such other beverage containers will not be required to
have a refund value as required under section 27-1005 of the environ-
mental conservation law until May 1, 2009. However, no refunds shall be
paid prior to the due date for reports beginning on September 1, 2009.
PART TT
Section 1. Section 3.09 of the parks, recreation and historic preser-
vation law is amended by adding a new subdivision 19-a to read as
follows:
19-A. PRIOR TO OFFERING FOR SALE TO THE PUBLIC ANY MERCHANDISE, GOODS,
COMMODITIES OR FOOD SERVICE AT PARKS, RECREATION FACILITIES, HISTORIC
SITES OR OTHER FACILITIES UNDER THE JURISDICTION OF THE OFFICE, MAKE A
WRITTEN FINDING THAT THE PRIVATE SECTOR IS UNABLE OR UNWILLING TO
PROVIDE SUCH MERCHANDISE, GOODS, COMMODITIES OR FOOD SERVICE UNDER
AGREEMENT WITH THE OFFICE AND UNDER SUCH TERMS AND CONDITIONS AS THE
COMMISSIONER DETERMINES ARE FAIR AND REASONABLE TO THE STATE AND NECES-
SARY TO SERVE THE PUBLIC INTEREST. ANY PROCEEDS REALIZED FROM THE SALE
OF SUCH MERCHANDISE, GOODS, COMMODITIES OR FOOD SERVICE SHALL BE DEPOS-
ITED IN THE PATRON SERVICES ACCOUNT OF THE MISCELLANEOUS SPECIAL REVENUE
FUND AND SHALL BE USED BY THE OFFICE TO DEFRAY THE COST OF OPERATING AND
MAINTAINING SUCH PARKS, RECREATION FACILITIES AND HISTORIC SITES.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
PART UU
Section 1. The public authorities law is amended by adding a new
section 2975-a to read as follows:
S 2975-A. RECOVERY OF STATE GOVERNMENTAL COSTS FROM INDUSTRIAL DEVEL-
OPMENT AGENCIES. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, INDUSTRIAL DEVELOPMENT AGENCIES OR AUTHORITIES CREATED PURSU-
ANT TO TITLE ONE OF ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW OR
ANY OTHER PROVISION OF LAW SHALL REIMBURSE TO NEW YORK STATE AN ALLOCA-
BLE SHARE OF STATE GOVERNMENTAL COSTS ATTRIBUTABLE TO THE PROVISION OF
SERVICES TO INDUSTRIAL DEVELOPMENT AGENCIES, AS DETERMINED HEREIN. THE
PAYMENT OF SUCH COSTS BY INDUSTRIAL DEVELOPMENT AGENCIES OR AUTHORITIES
IS A VALID AND PROPER PURPOSE FOR WHICH AVAILABLE AGENCY OR AUTHORITY
FUNDS MAY BE APPLIED.
S. 59--A 110 A. 159--A
2. ON NOVEMBER FIRST OF EACH YEAR, THE DIRECTOR OF THE BUDGET SHALL
DETERMINE THE AMOUNT OWED UNDER THIS SECTION BY EACH INDUSTRIAL DEVELOP-
MENT AGENCY OR AUTHORITY. THE AGGREGATE AMOUNT ASSESSED UNDER THIS
SECTION IN ANY GIVEN STATE FISCAL YEAR MAY NOT EXCEED FIVE MILLION
DOLLARS.
3. THE STATE TREASURER SHALL IMPOSE AND COLLECT SUCH ASSESSMENTS,
WHICH SHALL BE PAID NO LATER THAN MARCH THIRTY-FIRST FOLLOWING THE IMPO-
SITION OF THE ASSESSMENTS, AND PAY THE SAME INTO THE STATE TREASURY TO
THE CREDIT OF THE GENERAL FUND.
4. ON OR BEFORE JUNE FIRST, TWO THOUSAND NINE, AND ANNUALLY ON OR
BEFORE JUNE FIRST, THE DIRECTOR OF THE BUDGET SHALL REPORT TO THE
RESPECTIVE CHAIRPERSONS OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND
SENATE FINANCE COMMITTEE THE AMOUNT OF COST RECOVERY OBTAINED PURSUANT
TO THIS TITLE FOR THE STATE FISCAL YEAR ENDING ON THE PRECEDING MARCH
THIRTY-FIRST.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2009.
PART VV
Section 1. Subdivision (a) of section 3010 of the tax law, as added by
chapter 770 of the laws of 1992, is amended to read as follows:
(a) (1) Authorization of agreements. The commissioner is authorized to
enter into written agreements with any taxpayer under which such taxpay-
er is allowed to satisfy liability for payment of any tax (including any
interest, penalty or addition to tax) in installment payments if the
commissioner determines that such agreement will facilitate collection
of such liability.
(2) A TAXPAYER ENTERING INTO AN INSTALLMENT PAYMENT AGREEMENT PURSUANT
TO PARAGRAPH ONE OF THIS SUBDIVISION MUST PAY A FEE TO THE COMMISSIONER
OF SEVENTY-FIVE DOLLARS. IF THE INSTALLMENT PAYMENT AGREEMENT COVERS
MORE THAN ONE TAX TYPE, THE FEE WILL ALSO BE SEVENTY-FIVE DOLLARS.
(3) THE FEE IMPOSED PURSUANT TO PARAGRAPH TWO OF THIS SUBDIVISION MUST
BE PAID UPON NOTICE AND DEMAND, AND WILL BE ASSESSED, COLLECTED AND PAID
IN THE SAME MANNER AS THE TAX TO WHICH THE AGREEMENT RELATES. IF THE
INSTALLMENT PAYMENT AGREEMENT COVERS MORE THAN ONE TAX TYPE, THE FEE
MUST BE PAID UPON NOTICE AND DEMAND, AND WILL BE ASSESSED, COLLECTED AND
PAID IN THE SAME MANNER AS THE TAX FOR WHICH THE TAXPAYER HAS THE LARG-
EST LIABILITY.
(4) ALL FEES COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVI-
SION MUST BE DEPOSITED MONTHLY, TO THE CREDIT OF THE GENERAL FUND OF THE
STATE. THE COMMISSIONER WILL MAINTAIN A SYSTEM OF ACCOUNTS SHOWING THE
AMOUNT OF MONEY COLLECTED FROM THE FEE IMPOSED BY PARAGRAPH TWO OF THIS
SUBDIVISION.
S 2. Subdivision (c) of section 3010 of the tax law is relettered
subdivision (d), and a new subdivision (c) is added to read as follows:
(C) (1) IF THE COMMISSIONER HAS TERMINATED, ALTERED OR MODIFIED A
TAXPAYER'S INSTALLMENT PAYMENT AGREEMENT PURSUANT TO PARAGRAPH TWO,
THREE OR FOUR OF SUBDIVISION (B) OF THIS SECTION, AND THE COMMISSIONER
AND THE TAXPAYER AGREE TO THE ALTERATION OR MODIFICATION, OR TO REIN-
STATEMENT OF THE AGREEMENT, AS THE CASE MAY BE, THE TAXPAYER MUST PAY A
FEE TO THE COMMISSIONER OF SEVENTY-FIVE DOLLARS. IF THE ALTERED, MODI-
FIED OR REINSTATED INSTALLMENT PAYMENT AGREEMENT, AS APPLICABLE, COVERS
MORE THAN ONE TAX TYPE, THE FEE WILL ALSO BE SEVENTY-FIVE DOLLARS.
(2) THE FEE IMPOSED PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION MUST
BE PAID UPON NOTICE AND DEMAND, AND WILL BE ASSESSED, COLLECTED AND PAID
S. 59--A 111 A. 159--A
IN THE SAME MANNER AS THE TAX TO WHICH THE AGREEMENT RELATES. IF THE
ALTERED, MODIFIED OR REINSTATED INSTALLMENT PAYMENT AGREEMENT, AS APPLI-
CABLE, COVERS MORE THAN ONE TAX TYPE, THE FEE MUST BE PAID UPON NOTICE
AND DEMAND, AND WILL BE ASSESSED, COLLECTED AND PAID IN THE SAME MANNER
AS THE TAX FOR WHICH THE TAXPAYER HAS THE LARGEST LIABILITY.
(3) ALL FEES COLLECTED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVI-
SION MUST BE DEPOSITED MONTHLY, TO THE CREDIT OF THE GENERAL FUND OF THE
STATE. THE COMMISSIONER WILL MAINTAIN A SYSTEM OF ACCOUNTS SHOWING THE
AMOUNT OF MONEY COLLECTED FROM THE FEE IMPOSED BY PARAGRAPH ONE OF THIS
SUBDIVISION.
S 3. The tax law is amended by adding a new section 30 to read as
follows:
S 30. BAD CHECK OR FAILED ELECTRONIC FUNDS WITHDRAWAL FEE. IF, IN
PAYMENT OF ANY AMOUNT DUE UNDER A TAX, FEE, SPECIAL ASSESSMENT OR OTHER
IMPOSITION ADMINISTERED BY THE COMMISSIONER, A PERSON TENDERS A CHECK OR
MONEY ORDER TO THE DEPARTMENT, OR THE DEPARTMENT, WITH THE CONSENT OF A
PERSON, ORIGINATES AN ELECTRONIC FUNDS WITHDRAWAL AGAINST THE DESIGNATED
BANK ACCOUNT, AND THE CHECK, MONEY ORDER OR ELECTRONIC FUNDS WITHDRAWAL,
AS APPLICABLE, IS RETURNED WITHOUT PAYMENT, THE PERSON MUST PAY A FEE TO
THE COMMISSIONER OF FIFTY DOLLARS; PROVIDED, HOWEVER, THAT IN THE CASE
OF AN ELECTRONIC FUNDS WITHDRAWAL, THE FEE WILL NOT BE PAID IF THE
REASON FOR RETURN OF THE PAYMENT IS ATTRIBUTABLE TO ERROR OF THE DEPART-
MENT OR ITS ORIGINATING DEPOSITORY FINANCIAL INSTITUTION. THE FEE MUST
BE PAID UPON NOTICE AND DEMAND, AND WILL BE ASSESSED, COLLECTED AND PAID
IN THE SAME MANNER AS THE TAX, FEE, SPECIAL ASSESSMENT OR OTHER IMPOSI-
TION TO WHICH THE PAYMENT RELATES. ALL FEES COLLECTED BY THE COMMISSION-
ER PURSUANT TO THIS SUBDIVISION MUST BE DEPOSITED MONTHLY, TO THE CREDIT
OF THE GENERAL FUND OF THE STATE. THE COMMISSIONER WILL MAINTAIN A
SYSTEM OF ACCOUNTS SHOWING THE AMOUNT OF MONEY COLLECTED FROM THE FEE
IMPOSED BY THIS SECTION.
S 4. Paragraph 10 of subsection (g) of section 658 of the tax law, as
added by section 1 of part Q of chapter 61 of the laws of 2005, is
amended to read as follows:
(10) Mandatory electronic filing by certain tax return preparers;
IMPOSITION OF FEE FOR PAPER FILING. (A)(i) If a tax return preparer
prepared more than two hundred original returns during the calendar year
beginning on January first, two thousand five, and if, in the calendar
year beginning on January first, two thousand six, such tax return
preparer prepares one or more authorized returns using tax software,
then, for such calendar year two thousand six and for each subsequent
calendar year thereafter, all authorized returns prepared by such tax
return preparer shall be filed electronically, in accordance with
instructions prescribed by the commissioner.
(ii) If a tax return preparer prepared more than one hundred original
[returns] TAX DOCUMENTS during any calendar year beginning on or after
January first, two thousand [six] NINE, and if, in any succeeding calen-
dar year such tax return preparer prepares one or more authorized
[returns] TAX DOCUMENTS using tax software, then, for such succeeding
calendar year and for each subsequent calendar year thereafter, all
authorized [returns] TAX DOCUMENTS prepared by such tax return preparer
[shall] MUST be filed electronically, in accordance with instructions
prescribed by the commissioner.
(B) (I) IF AN INDIVIDUAL HAS NEW YORK ADJUSTED GROSS INCOME FOR A
TAXABLE YEAR IN EXCESS OF FIFTEEN THOUSAND DOLLARS, OR A HUSBAND AND
WIFE FILING JOINTLY HAVE NEW YORK ADJUSTED GROSS INCOME IN EXCESS OF
THIRTY THOUSAND DOLLARS FOR A TAXABLE YEAR, AND THE INDIVIDUAL OR
S. 59--A 112 A. 159--A
HUSBAND AND WIFE, AS THE CASE MAY BE, FAILS TO FILE ANY AUTHORIZED TAX
DOCUMENT FOR THE TAXABLE YEAR ELECTRONICALLY USING TAX SOFTWARE, THEN
THE INDIVIDUAL OR HUSBAND AND WIFE, AS THE CASE MAY BE, MUST PAY A PAPER
FILING FEE TO THE COMMISSIONER OF TEN DOLLARS FOR EACH AUTHORIZED TAX
DOCUMENT NOT FILED ELECTRONICALLY.
(II) IF AN INDIVIDUAL OR A HUSBAND AND WIFE, AS THE CASE MAY BE,
DESCRIBED IN CLAUSE (I) OF THIS SUBPARAGRAPH FAIL TO FILE AN AUTHORIZED
TAX DOCUMENT ELECTRONICALLY USING TAX SOFTWARE, AND THE AUTHORIZED TAX
DOCUMENT SHOWS TAX DUE, THEN THE PAPER FILING FEE IMPOSED PURSUANT TO
CLAUSE (I) OF THIS SUBPARAGRAPH MUST BE ADDED TO THE TAX DUE. IF AN
INDIVIDUAL OR A HUSBAND AND WIFE, AS THE CASE MAY BE, DESCRIBED IN
CLAUSE (I) OF THIS SUBPARAGRAPH, FAIL TO FILE AN AUTHORIZED TAX DOCUMENT
ELECTRONICALLY USING TAX SOFTWARE, AND THE AUTHORIZED TAX DOCUMENT SHOWS
AN OVERPAYMENT, THEN THE PAPER FILING FEE IMPOSED PURSUANT TO CLAUSE (I)
OF THIS SUBPARAGRAPH MUST BE SUBTRACTED FROM THE OVERPAYMENT, FOLLOWING
CREDIT OR OFFSET OF THE OVERPAYMENT AS SPECIFIED IN SUBSECTION (A) OF
SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, IF APPLICABLE.
(C) For purposes of this paragraph:
(i) "Electronic" means computer technology[; provided, however, that
the commissioner may, in instructions, provide that use of barcode tech-
nology will also satisfy the mandatory electronic filing requirements of
this section].
(ii) "Authorized [return] TAX DOCUMENT" means [any] A return OR ANY
OTHER DOCUMENT required OR PERMITTED TO BE FILED under this article OR
PURSUANT TO THE AUTHORITY OF ARTICLE THIRTY, THIRTY-A OR THIRTY-B OF
THIS CHAPTER which the commissioner has authorized to be filed electron-
ically.
(iii) "Original [return] TAX DOCUMENT" means a [return] TAX DOCUMENT
required under this article that is filed, without regard to extensions,
during the calendar year for which [that return] SUCH TAX DOCUMENT is
required OR PERMITTED to be filed.
(iv) "Tax software" means any computer software program intended for
tax return preparation purposes. FOR PURPOSES OF THIS SECTION, THE TERM
"TAX SOFTWARE" INCLUDES, BUT IS NOT LIMITED TO, AN OFF-THE-SHELF SOFT-
WARE PROGRAM LOADED ONTO A TAX RETURN PREPARER'S OR TAXPAYER'S COMPUTER,
AN ONLINE TAX PREPARATION, OR A TAX PREPARATION APPLICATION HOSTED BY
THE DEPARTMENT.
(V) "TAX" MEANS A TAX IMPOSED PURSUANT TO THIS ARTICLE, OR PURSUANT TO
THE AUTHORITY OF ARTICLE THIRTY, THIRTY-A OR THIRTY-B OF THIS CHAPTER,
WHICH IS ADMINISTERED BY THE COMMISSIONER.
(VI) "TAX DOCUMENT" MEANS A RETURN, REPORT OR ANY OTHER DOCUMENT
REQUIRED OR PERMITTED TO BE FILED UNDER THIS ARTICLE, OR PURSUANT TO THE
AUTHORITY OF ARTICLE THIRTY, THIRTY-A OR THIRTY-B OF THIS CHAPTER.
S 5. The tax law is amended by adding a new section 31 to read as
follows:
S 31. TAX RETURN PREPARERS AND SOFTWARE COMPANIES NOT TO CHARGE SEPA-
RATELY FOR NEW YORK E-FILE SERVICES. (A) FOR PURPOSES OF THIS SECTION,
THE FOLLOWING TERMS HAVE THE SPECIFIED MEANINGS:
(1) "AUTHORIZED TAX DOCUMENT" MEANS A TAX DOCUMENT WHICH THE COMMIS-
SIONER HAS AUTHORIZED TO BE FILED ELECTRONICALLY.
(2) "ELECTRONIC" MEANS COMPUTER TECHNOLOGY.
(3) "SOFTWARE COMPANY" MEANS A DEVELOPER OF TAX SOFTWARE.
(4) "TAX" MEANS ANY TAX OR OTHER MATTER ADMINISTERED BY THE COMMIS-
SIONER PURSUANT TO THIS CHAPTER OR ANY OTHER PROVISION OF LAW.
(5) "TAX DOCUMENT" MEANS A RETURN, REPORT OR ANY OTHER DOCUMENT RELAT-
ING TO A TAX OR OTHER MATTER ADMINISTERED BY THE COMMISSIONER.
S. 59--A 113 A. 159--A
(6) "TAX RETURN PREPARER" MEANS ANY PERSON WHO PREPARES FOR COMPEN-
SATION, OR WHO EMPLOYS OR ENGAGES ONE OR MORE PERSONS TO PREPARE FOR
COMPENSATION, ANY AUTHORIZED TAX DOCUMENT. FOR PURPOSES OF THIS SECTION,
THE TERM "TAX RETURN PREPARER" ALSO INCLUDES A PAYROLL SERVICE.
(7) "TAX SOFTWARE" MEANS ANY COMPUTER SOFTWARE PROGRAM INTENDED FOR
TAX RETURN PREPARATION PURPOSES. FOR PURPOSES OF THIS SECTION, THE TERM
"TAX SOFTWARE" INCLUDES, BUT IS NOT LIMITED TO, AN OFF-THE-SHELF SOFT-
WARE PROGRAM LOADED ONTO A TAX RETURN PREPARER'S OR TAXPAYER'S COMPUTER,
OR AN ONLINE TAX PREPARATION APPLICATION.
(B) IT IS UNLAWFUL FOR A TAX RETURN PREPARER OR A SOFTWARE COMPANY TO
CHARGE A SEPARATE FEE FOR THE ELECTRONIC FILING OF AUTHORIZED TAX DOCU-
MENTS. IT IS ALSO UNLAWFUL FOR A SOFTWARE COMPANY TO OFFER A VERSION OF
ITS TAX SOFTWARE THAT CHARGES A SEPARATE FEE FOR THE ELECTRONIC FILING
OF AUTHORIZED TAX DOCUMENTS AND ONE VERSION OF THE SAME TAX SOFTWARE
THAT DOES NOT.
(C) ANY TAX RETURN PREPARER OR SOFTWARE COMPANY VIOLATING THIS SECTION
WILL BE LIABLE FOR A CIVIL PENALTY OF FIVE HUNDRED DOLLARS FOR THE FIRST
VIOLATION AND ONE THOUSAND DOLLARS FOR EACH SUCCEEDING VIOLATION. THE
CIVIL PENALTIES IMPOSED BY THIS SECTION MUST BE PAID TO THE COMMISSIONER
UPON NOTICE AND DEMAND, AND WILL BE ASSESSED, COLLECTED AND PAID IN THE
SAME MANNER AS TAXES UNDER ARTICLE TWENTY-SEVEN OF THIS CHAPTER.
S 6. The tax law is amended by adding a new section 32 to read as
follows:
S 32. REGISTRATION OF TAX RETURN PREPARERS. (A) FOR PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS HAVE THE SPECIFIED MEANINGS:
(1) "ATTORNEY" MEANS AN ATTORNEY ADMITTED TO PRACTICE LAW IN NEW YORK
STATE OR ONE OR MORE OF THE OTHER STATES OR JURISDICTIONS OF THE UNITED
STATES.
(2) "CERTIFIED PUBLIC ACCOUNTANT" MEANS AN ACCOUNTANT LICENSED PURSU-
ANT TO SECTION SEVEN THOUSAND FOUR HUNDRED FOUR OF THE EDUCATION LAW OR
A SIMILAR LAW OF ONE OR MORE OF THE OTHER STATES OR JURISDICTIONS OF THE
UNITED STATES.
(3) "COMMERCIAL TAX RETURN PREPARER" MEANS A TAX RETURN PREPARER WHO:
(A) PREPARED TEN OR MORE RETURNS IN THE PRECEDING CALENDAR YEAR AND WILL
PREPARE AT LEAST ONE RETURN DURING THE CURRENT CALENDAR YEAR; OR (B)
PREPARED FEWER THAN TEN RETURNS IN THE PRECEDING CALENDAR YEAR BUT WILL
PREPARE TEN OR MORE RETURNS FOR THE CURRENT CALENDAR YEAR.
(4) "COMMERCIAL TAX RETURN PREPARATION BUSINESS" MEANS AN ENTITY THAT
EMPLOYS INDIVIDUALS WHO PREPARE TAX RETURNS AND THAT MEETS THE THRESH-
OLDS DESCRIBED IN PARAGRAPH THREE OF THIS SUBDIVISION.
(5) "ELECTRONIC" MEANS COMPUTER TECHNOLOGY.
(6) "ENROLLED AGENT" MEANS AN AGENT ENROLLED TO PRACTICE BEFORE THE
INTERNAL REVENUE SERVICE PURSUANT TO SECTION 10.4 OF SUBPART A OF PART
TEN OF TITLE THIRTY-ONE OF THE CODE OF FEDERAL REGULATIONS.
(7) "PUBLIC ACCOUNTANT" MEANS AN ACCOUNTANT LICENSED PURSUANT TO
SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW OR A SIMILAR LAW
OF ONE OR MORE OF THE OTHER STATES OR JURISDICTIONS OF THE UNITED
STATES.
(8) "RETURN" MEANS A RETURN OR REPORT RELATING TO A TAX ADMINISTERED
BY THE COMMISSIONER.
(9) "TAX" MEANS ANY TAX, FEE, SPECIAL ASSESSMENT OR OTHER IMPOSITION
ADMINISTERED BY THE COMMISSIONER.
(10) "TAX RETURN PREPARER" MEANS AN INDIVIDUAL WHO PREPARES A SUBSTAN-
TIAL PORTION OF ANY RETURN FOR COMPENSATION. THIS INCLUDES, BUT IS NOT
LIMITED TO, ATTORNEYS, PUBLIC ACCOUNTANTS, CERTIFIED PUBLIC ACCOUNTANTS,
AND ENROLLED AGENTS PREPARING ANY RETURN FOR COMPENSATION. EMPLOYEES OF
S. 59--A 114 A. 159--A
A TAX RETURN PREPARER OR A COMMERCIAL TAX RETURN PREPARATION BUSINESS
WHO PREPARE RETURNS FOR CLIENTS OF THAT PREPARER OR PREPARATION BUSI-
NESS, AS APPLICABLE, AND PARTNERS WHO PREPARE RETURNS FOR CLIENTS OF A
PARTNERSHIP ENGAGED IN A COMMERCIAL TAX RETURN PREPARATION BUSINESS, ARE
ALL "TAX RETURN PREPARERS" FOR PURPOSES OF THIS SECTION. EXCLUDED FROM
THE DEFINITION OF "TAX RETURN PREPARER" ARE VOLUNTEER TAX PREPARERS,
EMPLOYEES OF A BUSINESS OR PARTNERS IN A PARTNERSHIP WHOSE JOB RESPONSI-
BILITIES INCLUDE PREPARATION OF ONLY THE BUSINESS' OR PARTNERSHIP'S
RETURNS, AND EMPLOYEES OF A TAX RETURN PREPARER OR A COMMERCIAL TAX
RETURN PREPARATION BUSINESS WHO PROVIDE CLERICAL OR OTHER COMPARABLE
SERVICES.
(B)(1) EACH TAX RETURN PREPARER WHO WILL PREPARE AT LEAST ONE RETURN
IN A CALENDAR YEAR MUST REGISTER ELECTRONICALLY WITH THE DEPARTMENT FOR
THAT CALENDAR YEAR, IN ACCORDANCE WITH INSTRUCTIONS PRESCRIBED BY THE
COMMISSIONER.
(2)(A) UPON COMPLETION OF THE REGISTRATION PROCESS, EACH TAX RETURN
PREPARER WILL BE ISSUED A TAX PREPARER REGISTRATION CERTIFICATE.
(B) EACH TAX RETURN PREPARER WILL ALSO BE ASSIGNED A UNIQUE IDENTIFI-
CATION NUMBER BY THE DEPARTMENT, WHICH MUST BE USED BY THE TAX RETURN
PREPARER ON EACH RETURN WHICH THE TAX RETURN PREPARER IS REQUIRED TO
SIGN.
(C) IF A TAX RETURN PREPARER IS AN EMPLOYEE OR PROSPECTIVE EMPLOYEE OF
A TAX RETURN PREPARER OR A COMMERCIAL TAX RETURN PREPARATION BUSINESS,
AS APPLICABLE, THE TAX RETURN PREPARER OR COMMERCIAL TAX RETURN PREPARA-
TION BUSINESS MUST ENSURE THAT THE EMPLOYEE OR PROSPECTIVE EMPLOYEE, AS
APPLICABLE, IS PROPERLY REGISTERED WITH THE DEPARTMENT AND POSSESSES A
VALID TAX PREPARER REGISTRATION CERTIFICATE.
(3) EACH REGISTERED TAX RETURN PREPARER MUST ELECTRONICALLY RE-REGIS-
TER WITH THE DEPARTMENT ANNUALLY, IN ACCORDANCE WITH INSTRUCTIONS
PRESCRIBED BY THE COMMISSIONER. IF, AT ANY TIME DURING THE YEAR FOLLOW-
ING REGISTRATION OR RE-REGISTRATION, AS APPLICABLE, ANY INFORMATION
PROVIDED BY THE TAX RETURN PREPARER UPON REGISTRATION OR RE-REGISTRATION
IS NO LONGER CORRECT, THE TAX RETURN PREPARER MUST UPDATE HIS/HER INFOR-
MATION IN ACCORDANCE WITH INSTRUCTIONS PRESCRIBED BY THE COMMISSIONER.
(4) EACH TAX RETURN PREPARER PREPARING ANY RETURN MUST SIGN THE DOCU-
MENT AND INCLUDE THE UNIQUE IDENTIFICATION NUMBER SPECIFIED IN PARAGRAPH
TWO OF THIS SUBDIVISION, IN ACCORDANCE WITH INSTRUCTIONS PRESCRIBED BY
THE COMMISSIONER.
(C)(1) EACH COMMERCIAL TAX RETURN PREPARER MUST ELECTRONICALLY PAY AN
ANNUAL FEE OF ONE HUNDRED DOLLARS TO THE DEPARTMENT, IN ACCORDANCE WITH
INSTRUCTIONS PRESCRIBED BY THE COMMISSIONER. REGISTRATION OF A COMMER-
CIAL TAX RETURN PREPARER IS NOT COMPLETE UNTIL PAYMENT OF THE FEE IS
MADE.
(2) ALL FEES RECEIVED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVI-
SION, REDUCED BY THOSE AMOUNTS THE COMMISSIONER DETERMINES ARE NECESSARY
TO COVER ADMINISTRATIVE COSTS TO ADMINISTER THE REGISTRATION PROGRAM
PRESCRIBED BY THIS SECTION AND THE COSTS OF ANY REIMBURSEMENTS TO
COMMERCIAL TAX RETURN PREPARERS THAT MAY BE REQUIRED DUE TO DUPLICATIVE
FEE PAYMENTS UNDER THIS SUBDIVISION, MUST BE DEPOSITED MONTHLY TO THE
CREDIT OF THE GENERAL FUND OF THE STATE. THE COMMISSIONER WILL MAINTAIN
A SYSTEM OF ACCOUNTS SHOWING THE AMOUNT OF MONEY COLLECTED AND DISBURSED
FROM THE FEE IMPOSED BY THIS SUBDIVISION.
(D) THE ISSUANCE OF A TAX PREPARER REGISTRATION CERTIFICATE TO PROVIDE
TAX PREPARATION SERVICES IS NOT, AND MUST NOT BE ADVERTISED AS, AN
ENDORSEMENT BY THE DEPARTMENT OF THE TAX RETURN PREPARER, HIS OR HER
QUALIFICATIONS OR THE SERVICES RENDERED BY HIM OR HER.
S. 59--A 115 A. 159--A
(E) A TAX RETURN PREPARER WHO HAS NOT REGISTERED WITH THE DEPARTMENT,
OR A COMMERCIAL TAX RETURN PREPARER WHO HAS NOT PAID THE REQUIRED REGIS-
TRATION FEE, WILL NOT BE ALLOWED TO REPRESENT HIS OR HER CLIENTS BEFORE
THE DIVISION OF TAXATION OR THE DIVISION OF TAX APPEALS. THIS SANCTION
IS IN ADDITION TO ANY PENALTIES WHICH MAY BE IMPOSED PURSUANT TO SUBDI-
VISION (F) OF THIS SECTION.
(F)(1) IF A TAX RETURN PREPARER IS REQUIRED TO REGISTER OR RE-REGISTER
WITH THE DEPARTMENT PURSUANT TO PARAGRAPH ONE OR THREE OF SUBDIVISION
(B) OF THIS SECTION, AS APPLICABLE, AND FAILS TO DO SO IN ACCORDANCE
WITH THE TERMS OF THIS SECTION, THEN THE TAX RETURN PREPARER MUST PAY A
PENALTY OF TWO HUNDRED FIFTY DOLLARS. PROVIDED, HOWEVER, THAT IF THE TAX
RETURN PREPARER COMPLIES WITH THE REGISTRATION REQUIREMENTS OF THIS
SECTION WITHIN NINETY CALENDAR DAYS AFTER NOTIFICATION OF ASSESSMENT OF
THIS PENALTY IS SENT BY THE DEPARTMENT, THEN THIS PENALTY MUST BE
ABATED. IF THE TAX RETURN PREPARER CONTINUES TO FAIL TO REGISTER OR
RE-REGISTER AFTER THE NINETY CALENDAR DAY PERIOD, THE TAX RETURN PREPAR-
ER MUST PAY AN ADDITIONAL PENALTY OF FIVE HUNDRED DOLLARS IF THE FAILURE
IS FOR NOT MORE THAN ONE MONTH, WITH AN ADDITIONAL FIVE HUNDRED DOLLARS
FOR EACH ADDITIONAL MONTH OR FRACTION THEREOF DURING WHICH THE FAILURE
CONTINUES. ONCE THE NINETY CALENDAR DAYS SPECIFIED IN THIS PARAGRAPH
HAVE EXPIRED, THE PENALTY CAN BE WAIVED ONLY FOR GOOD CAUSE SHOWN BY THE
TAX RETURN PREPARER.
(2) IF A COMMERCIAL TAX RETURN PREPARER FAILS TO PAY THE FEE AS
REQUIRED IN PARAGRAPH ONE OF SUBDIVISION (C) OF THIS SECTION, FOR A
CALENDAR YEAR, THEN THE COMMERCIAL TAX RETURN PREPARER MUST PAY A PENAL-
TY OF FIFTY DOLLARS FOR EACH RETURN THE COMMERCIAL TAX RETURN PREPARER
HAS FILED WITH THE DEPARTMENT IN THAT CALENDAR YEAR. PROVIDED HOWEVER,
THAT IF THE COMMERCIAL TAX RETURN PREPARER COMPLIES WITH THE PAYMENT
REQUIREMENTS OF PARAGRAPH 1 OF SUBDIVISION (C) OF THIS SECTION, WITHIN
NINETY CALENDAR DAYS AFTER NOTIFICATION OF THE ASSESSMENT OF THIS PENAL-
TY IS SENT BY THE DEPARTMENT, THEN THIS PENALTY MUST BE ABATED. THE
MAXIMUM PENALTY THAT MAY BE IMPOSED UNDER THIS PARAGRAPH ON ANY COMMER-
CIAL TAX RETURN PREPARER DURING ANY CALENDAR YEAR MUST NOT EXCEED FIVE
THOUSAND DOLLARS. ONCE THE NINETY CALENDAR DAYS SPECIFIED IN THIS PARA-
GRAPH HAVE EXPIRED, THE PENALTY CAN BE WAIVED ONLY FOR GOOD CAUSE SHOWN
BY THE COMMERCIAL TAX RETURN PREPARER.
(3) IF A TAX RETURN PREPARER FAILS TO SIGN HIS OR HER NAME TO ANY
RETURN THAT REQUIRES THE TAX RETURN PREPARER'S SIGNATURE, THEN THE TAX
RETURN PREPARER MUST PAY A PENALTY IN THE AMOUNT OF TWO HUNDRED FIFTY
DOLLARS FOR EACH FAILURE TO SO SIGN. PROVIDED, HOWEVER, THAT THIS PENAL-
TY CAN BE WAIVED ONLY FOR GOOD CAUSE SHOWN BY THE TAX RETURN PREPARER.
THE MAXIMUM PENALTY IMPOSED UNDER THIS PARAGRAPH ON ANY TAX RETURN
PREPARER WITH RESPECT TO RETURNS FILED DURING ANY CALENDAR YEAR BY THE
TAX RETURN PREPARER MUST NOT EXCEED TEN THOUSAND DOLLARS. PROVIDED,
HOWEVER, THAT IF A TAX RETURN PREPARER HAS BEEN PENALIZED UNDER THIS
PARAGRAPH FOR A PRECEDING CALENDAR YEAR AND AGAIN FAILS TO SIGN HIS OR
HER NAME ON ANY RETURN THAT REQUIRES THE TAX RETURN PREPARER'S SIGNATURE
DURING A SUBSEQUENT CALENDAR YEAR, THEN THE PENALTY UNDER THIS PARAGRAPH
FOR EACH FAILURE WILL BE FIVE HUNDRED DOLLARS, AND NO ANNUAL CAP WILL
APPLY.
(4) IF A TAX RETURN PREPARER FAILS TO INCLUDE THE UNIQUE IDENTIFYING
NUMBER ASSIGNED BY THE DEPARTMENT PURSUANT TO SUBPARAGRAPH (B) OF PARA-
GRAPH TWO OF SUBDIVISION (B) OF THIS SECTION ON ANY RETURN THAT REQUIRES
HIS OR HER SIGNATURE, THEN THE TAX RETURN PREPARER MUST PAY A PENALTY OF
ONE HUNDRED DOLLARS FOR EACH FAILURE TO INCLUDE HIS OR HER UNIQUE IDEN-
TIFYING NUMBER. PROVIDED, HOWEVER, THAT THIS PENALTY CAN BE WAIVED ONLY
S. 59--A 116 A. 159--A
FOR GOOD CAUSE SHOWN BY THE TAX RETURN PREPARER. THE MAXIMUM PENALTY
IMPOSED UNDER THIS PARAGRAPH ON ANY TAX RETURN PREPARER WITH RESPECT TO
RETURNS FILED DURING ANY CALENDAR YEAR MUST NOT EXCEED TWO THOUSAND FIVE
HUNDRED DOLLARS; PROVIDED, HOWEVER, THAT IF A TAX RETURN PREPARER HAS
BEEN PENALIZED UNDER THIS PARAGRAPH FOR A PRECEDING CALENDAR YEAR AND
AGAIN FAILS TO INCLUDE THE UNIQUE IDENTIFYING NUMBER ON ONE OR MORE
RETURNS DURING A SUBSEQUENT CALENDAR YEAR, THEN THE PENALTY UNDER THIS
PARAGRAPH FOR EACH FAILURE WILL BE TWO HUNDRED FIFTY DOLLARS, AND NO
ANNUAL CAP WILL APPLY.
(5) IF A TAX RETURN PREPARER OR A COMMERCIAL TAX RETURN PREPARATION
BUSINESS EMPLOYS AN INDIVIDUAL TO PREPARE TAX RETURNS WHO IS NOT REGIS-
TERED WITH THE DEPARTMENT AND DOES NOT POSSESS A VALID TAX PREPARER
REGISTRATION CERTIFICATE, THEN THE TAX RETURN PREPARER, OR COMMERCIAL
TAX RETURN PREPARATION BUSINESS, AS APPLICABLE, WILL BE SUBJECT TO A
PENALTY OF FIVE HUNDRED DOLLARS PER OCCURRENCE. THIS PENALTY CAN BE
WAIVED ONLY FOR GOOD CAUSE SHOWN.
(6) THE PENALTIES PROVIDED FOR BY THIS SUBDIVISION MUST BE PAID UPON
NOTICE AND DEMAND AND WILL BE ASSESSED, COLLECTED AND PAID IN THE SAME
MANNER AS TAXES UNDER ARTICLE TWENTY-SEVEN OF THIS CHAPTER.
(G) THE PROVISIONS OF THIS SECTION WILL APPLY EXCLUSIVELY TO THE
REGISTRATION OF TAX RETURN PREPARERS WITH THE DEPARTMENT, PAYMENT OF THE
REGISTRATION FEE IF REQUIRED BY COMMERCIAL TAX RETURN PREPARERS, THE
SIGNING OF RETURNS AND USE OF THE UNIQUE IDENTIFICATION NUMBERS ASSIGNED
BY THE DEPARTMENT UPON REGISTRATION. OTHER PROVISIONS OF THIS CHAPTER OR
ANY OTHER PROVISION OF LAW PRESCRIBING ADDITIONAL REQUIREMENTS APPLICA-
BLE TO TAX RETURN PREPARERS WILL NOT BE AFFECTED BY THE PROVISIONS OF
THIS SECTION EXCEPT AS SET FORTH EXPRESSLY HEREIN, AND WILL REMAIN IN
FULL FORCE AND EFFECT.
S 7. Paragraphs 1 and 2 of subsection (u) of section 685 of the tax
law are REPEALED.
S 8. Subdivision (e) of section 372 of the general business law, as
added by chapter 432 of the laws of 2008, is amended to read as follows:
(e) Any person, partnership, corporation or other business entity who
violates any provision of this section or any of the regulations promul-
gated pursuant to this section shall be liable for a civil penalty of
not less than two hundred fifty dollars nor more than five hundred
dollars for the first violation and for each succeeding violation a
civil penalty of not less than five hundred dollars nor more than seven
hundred fifty dollars. THE PENALTIES PROVIDED FOR BY THIS SUBDIVISION
MUST BE PAID UPON NOTICE AND DEMAND AND WILL BE ASSESSED, COLLECTED AND
PAID IN THE SAME MANNER AS TAXES UNDER ARTICLE TWENTY-SEVEN OF THE TAX
LAW.
S 9. The commissioner of taxation and finance shall convene a task
force consisting of representatives from the department of taxation and
finance, the state education department, the department of state, the
consumer protection board, the banking department, the office of tempo-
rary and disability assistance, the New York state bar, the New York
state association of certified public accountants, enrolled agents with
the internal revenue service, and other representatives of the tax
return preparation industry in order to prepare a report addressing the
following issues: determining the appropriate scope of the program for
regulating tax return preparers and commercial tax return preparers;
setting appropriate qualifications, including, but not limited to, mini-
mum educational qualifications and continuing educational requirements
for tax return preparers; and considering any other matters the task
force determines to be necessary or appropriate. The report required by
S. 59--A 117 A. 159--A
this section will be submitted to the commissioner of taxation and
finance and the governor, no later than March 31, 2012. The commissioner
of taxation and finance may promulgate regulations to implement any of
the recommendations made by the task force.
S 10. This act will take effect immediately, provided, however, that
section four of this act shall apply to authorized tax documents
required to be filed for tax years beginning on or after January 1,
2009, and section six of this act shall apply to tax return preparers
filing returns on or after December 31, 2009; and section eight of this
act shall take effect on the same date as chapter 432 of the laws of
2008, takes effect.
PART WW
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 March 1, 2009.
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 WW of this act shall be
as specifically set forth in the last section of such Parts.