EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12373-03-9
S. 59--B 2 A. 159--B
ing the vehicle and traffic law relating to motor vehicle liability
insurance, financial security, criminal acts and penalties for non-
compliance, in relation to the effectiveness of certain provisions; to
amend chapter 781 of the laws of 1983, amending the vehicle and traf-
fic law and other laws relating to motor vehicle liability insurance,
financial security, criminal acts and certain penalties for non-com-
pliance, 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 vehicles to charge certain enti-
ties a fee for course completion certificates (Part L); Intentionally
omitted (Part M); Intentionally omitted (Part N); to amend the state
finance law, in relation to reporting requirements for the dedicated
highway and bridge trust fund (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; to amend chapter 728 of the laws of 1982 and chapter 710 of
the laws of 1983, amending the executive law relating to community
services block grant programs, in relation to the effectiveness there-
of; and to repeal subdivision 1 of section 159-e of the executive law
relating thereto (Part R); Intentionally omitted (Part S); to amend
the tax law and the state finance 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 a fee for the start of a horse in New
York state pari-mutuel races (Part V); Intentionally omitted (Part W);
to amend the New York state urban development corporation act relating
to the powers of the New York state urban development corporation to
make loans, in relation to the effectiveness thereof (Part X); to
authorize the New York State Energy Research and Development Authority
to finance a portion of its research, development and demonstration
and policy and planning programs from assessments on gas and electric
corporations (Part Y); to require appropriations 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 Governors Island Preservation and Education
Corporation (Part BB); Intentionally omitted (Part CC); Intentionally
omitted (Part DD); Intentionally omitted (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); Intentionally omitted
(Part HH); to amend the agriculture and markets law, in relation to
increasing tonnage fees (Part II); to amend the environmental conser-
S. 59--B 3 A. 159--B
vation law, in relation to fees for the state pollution discharge
elimination system program (Part JJ); to amend the environmental
conservation law, in relation to fees for hunting, fishing and trap-
ping licenses (Part KK); to amend the environmental conservation law,
in relation to establishing a recreational marine fishing license and
sets fees for such license; to review the allocations and expenditures
of the department of environmental conservation related to the marine
resources account; 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); Intentionally omitted
(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
temporary state energy and utility service conservation assessment and
provide for the collection thereof; and providing for the repeal of
certain provisions upon the expiration thereof (Part NN); to amend the
vehicle and traffic law, in relation to increasing the penalties for
violations by official inspection stations, motor vehicle repair
shops, manufacturers, transporters and dealers (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; and allocating moneys
appropriated to the city of Niagara Falls for road improvement
projects (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 expe-
dited service, in relation to the effectiveness thereof (Part RR); to
amend the environmental conservation law and the economic development
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 histor-
ic preservation law, in relation to requiring that a written determi-
nation by the commissioner of parks, recreation and historic preserva-
tion be made prior to future sales of merchandise, 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 reimbursement of state expenditures
(Part UU); to amend the tax law, in relation to bad checks and failed
electronic fund withdrawal fees; in relation to the registration of
tax return preparers; creates a taskforce to address issues in the
regulation of tax return preparers and commercial tax return prepar-
ers; to amend the general business law, in relation to refund antic-
ipation loans and refund anticipation checks and the consumer bill of
rights regarding taxpayers; and to repeal paragraphs 1 and 2 of
subsection (u) of section 685 of the tax law (Part VV); to authorize
annual cable television assessments to provide funds from cable tele-
vision assessment revenues to the department of health (Part WW); to
amend the urban development corporation act, in relation to establish-
ing the healthy food / healthy communities initiative (Part XX); to
S. 59--B 4 A. 159--B
amend the environmental conservation law, in relation to fees for
pesticide applicators, registration and application (Part YY); to
amend the environmental conservation law, in relation to fees for
mined land reclamation (Part ZZ); to amend the environmental conserva-
tion law, in relation to wetland permit application fees (Part AAA);
to amend the environmental conservation law, in relation to operating
permit program fees (Part BBB); to amend the environmental conserva-
tion law, in relation to water withdrawal reporting (Part CCC); to
amend the environmental conservation law, in relation to requiring a
mandatory surcharge for offenses (Part DDD); and in relation to the
New York state urban development corporation submitting a comprehen-
sive financial plan to the director of the budget and the establish-
ment of accounts and subaccounts within the treasury of such corpo-
ration; and providing for the repeal of such provisions upon the
expiration thereof (Part EEE)
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 EEE. The effective date for each partic-
ular provision contained within such Part is set forth in the last
section of such Part. Any provision in any section contained within a
Part, including the effective date of the Part, which makes a reference
to a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.
PART A
Section 1. Section 2 of chapter 279 of the laws of 1998, amending the
transportation law relating to enabling the commissioner of transporta-
tion to establish a single audit pilot program, as amended by section 1
of part 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 four hundred two million seven hundred ninety-
seven thousand dollars ($402,797,000), or so much thereof as shall be
necessary, and in addition to amounts previously appropriated by law, is
hereby made available, in accordance with subdivision 1 of section 380
of the public authorities law as amended, according to the following
schedule. Payments pursuant to subdivision (a) of this section shall be
made available as moneys become available for such payments. Payments
pursuant to subdivisions (b) and (c) of this section shall be made
S. 59--B 5 A. 159--B
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) Three hundred four million three hundred thousand dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of eligible costs of local highway and bridge projects pursuant to
sections 16 and 16-a of chapter 329 of the laws of 1991, as added by
section 9 of chapter 330 of the laws of 1991, as amended. For the
purposes of computing allocations to municipalities, the amount distrib-
uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be
deemed to be $121,520,000. The amount distributed pursuant to section
16-a of chapter 329 of the laws of 1991 shall be deemed to be
$182,780,000. Notwithstanding the provisions of any general or special
law, the amounts deemed distributed in accordance with section 16 of
chapter 329 of the laws of 1991 shall be adjusted so that such amounts
will not be less than 83.807 percent of the "funding level" as defined
in subdivision 5 of section 10-c of the highway law for each such muni-
cipality. In order to achieve the objectives of section 16 of chapter
329 of the laws of 1991, to the extent necessary, the amounts in excess
of 83.807 percent of the funding level to be deemed distributed to each
municipality under this subdivision shall be reduced in equal propor-
tion.
(c) Fifty-eight million seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible costs of
local highway and bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing allocations
to municipalities, the amount distributed pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be $23,480,000. The
amount distributed pursuant to section 16-a of chapter 329 of the laws
of 1991 shall be deemed to be $35,317,000. Notwithstanding the
provisions of any general or special law, the amounts deemed distributed
in accordance with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 16.193 percent of
the "funding level" as defined in subdivision 5 of section 10-c of the
highway law for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991, to the extent
necessary, the amounts in excess of 16.193 percent of the funding level
S. 59--B 6 A. 159--B
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 $363,097,000
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] 2011 when upon such date the provisions of such section shall be
deemed repealed and the provisions of law amended by such section shall
revert to and be read as if the provisions of such section had not been
enacted.
S 2. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2009.
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] 2011 when
upon such date the provisions of this act shall be deemed repealed and
the provisions of law amended by this act shall revert to and be read as
if the provisions of this act had not been enacted.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009.
PART E
S. 59--B 7 A. 159--B
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] 2015.
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 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
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 COLLECTED BETWEEN THE FEES SET FORTH IN THIS PARAGRAPH IN
EFFECT ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND NINE AND THE FEES SET
FORTH IN THIS PARAGRAPH IN EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED
TO THE CREDIT OF THE DEDICATED 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.
S. 59--B 8 A. 159--B
(IV) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE
DIFFERENCE COLLECTED BETWEEN THE FEES SET FORTH IN THIS PARAGRAPH IN
EFFECT ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND NINE AND THE FEES SET
FORTH IN THIS PARAGRAPH IN EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED
TO THE CREDIT OF THE DEDICATED 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 COLLECTED BETWEEN THE FEES SET FORTH IN THIS PARAGRAPH IN
EFFECT ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND NINE AND THE FEES SET
FORTH IN THIS PARAGRAPH IN EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED
TO THE CREDIT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND.
S 3. This act shall take effect September 1, 2009 and shall apply to
licenses issued and renewed on and 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
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
S. 59--B 9 A. 159--B
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 twelve new undesignated paragraphs to read as follows:
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE
DIFFERENCE COLLECTED BETWEEN THE REGISTRATION FEES SET FORTH IN PARA-
GRAPH A OF SUBDIVISION SIX OF THIS SECTION IN EFFECT ON AND AFTER
SEPTEMBER FIRST, TWO THOUSAND NINE AND THE REGISTRATION FEES SET FORTH
IN SUCH PARAGRAPH 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 COLLECTED BETWEEN THE REGISTRATION FEES SET FORTH IN SCHEDULE
A OF SUBDIVISION SEVEN OF THIS SECTION IN EFFECT ON AND AFTER SEPTEMBER
FIRST, TWO THOUSAND NINE AND THE REGISTRATION FEES SET FORTH IN SUCH
SCHEDULE 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 COLLECTED BETWEEN THE REGISTRATION FEES SET FORTH IN SCHEDULE
B OF SUBDIVISION SEVEN OF THIS SECTION IN EFFECT ON AND AFTER SEPTEMBER
FIRST, TWO THOUSAND NINE AND THE REGISTRATION FEES SET FORTH IN SUCH
SCHEDULE 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 COLLECTED BETWEEN THE REGISTRATION FEES SET FORTH IN SCHEDULE
C OF SUBDIVISION SEVEN OF THIS SECTION IN EFFECT ON AND AFTER SEPTEMBER
FIRST, TWO THOUSAND NINE AND THE REGISTRATION FEES SET FORTH IN SUCH
SCHEDULE 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 COLLECTED BETWEEN THE REGISTRATION FEES SET FORTH IN SCHEDULE
E OF SUBDIVISION SEVEN OF THIS SECTION IN EFFECT ON AND AFTER SEPTEMBER
FIRST, TWO THOUSAND NINE AND THE REGISTRATION FEES SET FORTH IN SUCH
SCHEDULE 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 COLLECTED BETWEEN THE REGISTRATION FEES SET FORTH IN SCHEDULE
F OF SUBDIVISION SEVEN OF THIS SECTION IN EFFECT ON AND AFTER SEPTEMBER
FIRST, TWO THOUSAND NINE AND THE REGISTRATION FEES SET FORTH IN SUCH
SCHEDULE 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 COLLECTED BETWEEN THE REGISTRATION FEES SET FORTH IN SCHEDULE
S. 59--B 10 A. 159--B
G OF SUBDIVISION SEVEN OF THIS SECTION IN EFFECT ON AND AFTER SEPTEMBER
FIRST, TWO THOUSAND NINE AND THE REGISTRATION FEES SET FORTH IN SUCH
SCHEDULE 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 COLLECTED BETWEEN THE REGISTRATION FEES SET FORTH IN SCHEDULE
I OF SUBDIVISION SEVEN OF THIS SECTION IN EFFECT ON AND AFTER SEPTEMBER
FIRST, TWO THOUSAND NINE AND THE REGISTRATION FEES SET FORTH IN SUCH
SCHEDULE 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 COLLECTED BETWEEN THE REGISTRATION FEES SET FORTH IN SUBDIVI-
SION EIGHT OF THIS SECTION IN EFFECT ON AND AFTER SEPTEMBER FIRST, TWO
THOUSAND NINE AND THE REGISTRATION FEES SET FORTH IN SUCH SUBDIVISION IN
EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED TO THE CREDIT OF THE DEDI-
CATED HIGHWAY AND BRIDGE TRUST FUND.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE REGIS-
TRATION FEES COLLECTED PURSUANT TO SUBDIVISIONS TWO, SIX AND EIGHT OF
SECTION FOUR HUNDRED TWENTY OF THIS TITLE SHALL BE DEPOSITED PURSUANT TO
THE PROVISIONS OF THIS SUBDIVISION; PROVIDED, HOWEVER, THE DIFFERENCE
COLLECTED BETWEEN THE REGISTRATION FEES SET FORTH IN SUCH SUBDIVISIONS
TWO, SIX AND EIGHT IN EFFECT ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND
NINE AND THE REGISTRATION FEES SET FORTH IN SUCH SUBDIVISIONS 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 REGIS-
TRATION FEES COLLECTED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF
SECTION TWENTY-TWO HUNDRED SIXTY-ONE OF THIS CHAPTER SHALL BE DEPOSITED
PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION; PROVIDED, HOWEVER, THE
DIFFERENCE COLLECTED BETWEEN THE REGISTRATION FEES SET FORTH IN PARA-
GRAPH (B) OF SUBDIVISION THREE OF SECTION TWENTY-TWO HUNDRED SIXTY-ONE
OF THIS CHAPTER IN EFFECT ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND
NINE AND THE REGISTRATION FEES SET FORTH IN SUCH PARAGRAPH 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, 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 AND
AFTER SEPTEMBER FIRST, TWO THOUSAND NINE SHALL BE DEPOSITED TO THE CRED-
IT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND. TWO DOLLARS AND FIFTY
CENTS OF SUCH REGISTRATION FEES SHALL BE DEPOSITED INTO THE MOTORCYCLE
SAFETY FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-G OF THE STATE
FINANCE LAW.
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.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE DIFFER-
ENCE COLLECTED BETWEEN THE FEES SET FORTH IN PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION IN EFFECT ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND
S. 59--B 11 A. 159--B
NINE AND THE FEES SET FORTH IN SUCH PARAGRAPHS IN EFFECT PRIOR TO SUCH
DATE SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED HIGHWAY AND
BRIDGE TRUST FUND.
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-
tion law.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE DIFFER-
ENCE COLLECTED BETWEEN THE FEES SET FORTH IN THIS SUBDIVISION IN EFFECT
ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND NINE AND THE FEES SET FORTH
IN THIS SUBDIVISION 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 COLLECTED BETWEEN
THE VESSEL SURCHARGE SET FORTH IN THIS SUBDIVISION IN EFFECT ON AND
AFTER SEPTEMBER FIRST, TWO THOUSAND NINE AND THE VESSEL SURCHARGE SET
FORTH IN THIS SUBDIVISION IN EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSIT-
ED 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
S. 59--B 12 A. 159--B
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.
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-
S. 59--B 13 A. 159--B
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-
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
S. 59--B 14 A. 159--B
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
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. 59--B 15 A. 159--B
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] SEPTEMBER 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
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 SECTION, THE DIFFERENCE COLLECTED BETWEEN THE INCREASE
OF THE PERCENTAGE OF THE REGISTRATION FEES SET FORTH IN THIS SCHEDULE IN
EFFECT ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND NINE AND THE PERCENT-
AGE OF THE REGISTRATION FEES SET FORTH IN THIS SCHEDULE 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
S. 59--B 16 A. 159--B
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 and a new
subdivision 4 is added 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,
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.
4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE
DIFFERENCE COLLECTED BETWEEN THE FEES SET FORTH IN SUBDIVISIONS TWO AND
THREE OF THIS SECTION IN EFFECT ON AND AFTER SEPTEMBER FIRST, TWO THOU-
SAND NINE AND THE FEES SET FORTH IN SUCH SUBDIVISIONS IN EFFECT PRIOR TO
SUCH DATE SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED HIGHWAY AND
BRIDGE TRUST FUND.
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
S. 59--B 17 A. 159--B
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.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE DIFFER-
ENCE COLLECTED BETWEEN THE FEES SET FORTH IN THIS PARAGRAPH IN EFFECT ON
AND AFTER SEPTEMBER FIRST, TWO THOUSAND NINE AND THE FEES SET FORTH IN
THIS PARAGRAPH IN EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED TO THE
CREDIT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND.
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.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE DIFFER-
ENCE COLLECTED BETWEEN THE SERVICE CHARGE SET FORTH IN THIS SUBDIVISION
IN EFFECT ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND NINE AND THE
SERVICE CHARGE SET FORTH IN THIS SUBDIVISION IN EFFECT PRIOR TO SUCH
DATE SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED HIGHWAY AND
BRIDGE TRUST FUND.
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-
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-
S. 59--B 18 A. 159--B
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. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF
THIS SECTION, THE DIFFERENCE COLLECTED BETWEEN THE FEES SET FORTH IN
THIS SECTION IN EFFECT ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND NINE
AND THE FEES SET FORTH IN THIS SECTION IN EFFECT PRIOR TO SUCH DATE
SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED HIGHWAY AND BRIDGE
TRUST FUND.
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. 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 COLLECTED BETWEEN THE REGISTRATION FEES SET FORTH IN THIS PARAGRAPH
IN EFFECT ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND NINE AND THE REGIS-
TRATION FEES SET FORTH IN THIS PARAGRAPH IN EFFECT PRIOR TO SUCH DATE
SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED HIGHWAY AND BRIDGE
TRUST FUND.
S 21. 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
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
S. 59--B 19 A. 159--B
PROVISION OF THIS SECTION, THE DIFFERENCE COLLECTED BETWEEN THE SPECIAL
PLATES FEE OR SERVICE CHARGE SET FORTH IN THIS SUBDIVISION IN EFFECT ON
AND AFTER SEPTEMBER FIRST, TWO THOUSAND NINE AND THE SPECIAL PLATES FEE
OR SERVICE CHARGE SET FORTH IN THIS SUBDIVISION IN EFFECT PRIOR TO SUCH
DATE SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED HIGHWAY AND
BRIDGE TRUST FUND.
S 22. 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 COLLECTED BETWEEN THE ANNUAL SERVICE CHARGE SET FORTH IN
THIS SUBDIVISION IN EFFECT ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND
NINE AND THE ANNUAL SERVICE CHARGE SET FORTH IN THIS SUBDIVISION IN
EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED TO THE CREDIT OF THE DEDI-
CATED HIGHWAY AND BRIDGE TRUST FUND.
S 23. 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 COLLECTED BETWEEN THE ANNUAL
SERVICE CHARGE OR FEE SET FORTH IN THIS SUBDIVISION IN EFFECT ON AND
AFTER SEPTEMBER FIRST, TWO THOUSAND NINE AND THE ANNUAL SERVICE CHARGE
OR FEE SET FORTH IN THIS SUBDIVISION IN EFFECT PRIOR TO SUCH DATE SHALL
BE DEPOSITED TO THE CREDIT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST
FUND.
S 24. 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
S. 59--B 20 A. 159--B
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.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE DIFFER-
ENCE COLLECTED BETWEEN THE FEES SET FORTH IN THIS SUBDIVISION IN EFFECT
ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND NINE AND THE FEES SET FORTH
IN THIS SUBDIVISION IN EFFECT PRIOR TO SUCH DATE SHALL BE DEPOSITED TO
THE CREDIT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND.
S 25. 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 26. 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
seventy-five cents], and the commissioner shall issue a new certificate
of registration.
S. 59--B 21 A. 159--B
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 27. This act shall take effect September 1, 2009; provided, howev-
er, that sections one, four through thirteen, sixteen, eighteen, nine-
teen and twenty-five of this act shall apply to registrations issued or
renewed on and after such date; provided, further, that section two of
this act shall apply to registrations transferred on and after such
date; provided, further, that section fourteen of this act shall apply
to cab cards and trip permits issued on and after such date; provided,
further, that section fifteen of this act shall apply to in-transit
permits issued on and after such date; provided, further, that sections
seventeen and twenty-one through twenty-four of this act shall apply to
license plates issued or renewed on and after such date; and provided,
further, that section twenty-six of this act shall apply to registra-
tions transferred and changes in ownership occurring on and 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,
S. 59--B 22 A. 159--B
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-
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 EIGHTY 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
S. 59--B 23 A. 159--B
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 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 April 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. Subdivision 5 of section 502 of the vehicle and traffic law is
amended by adding a new paragraph (b) to read as follows:
(B) THE COMMISSIONER SHALL, WITH RESPECT TO THE ISSUANCE OF A HAZARD-
OUS MATERIALS ENDORSEMENT, COMPLY WITH THE REQUIREMENTS IMPOSED UPON
STATES PURSUANT TO SECTIONS 383.141 AND 1572.13 OF TITLE 49 OF THE CODE
OF FEDERAL REGULATIONS.
S 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and
traffic law, as amended by chapter 81 of the laws of 1995, is amended to
read as follows:
(a) A license issued pursuant to subdivision five of this section
shall be valid until the expiration date contained thereon, unless such
license is suspended, revoked or cancelled. Such license may be renewed
by submission of an application for renewal, the fee prescribed by law,
proofs of prior licensing, fitness and acceptable vision prescribed by
the commissioner, the applicant's social security number, and if
required by the commissioner a photo image of the applicant in such
numbers and form as the commissioner shall prescribe. In addition, an
applicant for renewal of a license containing a hazardous material
endorsement shall pass an examination to retain such endorsement. THE
COMMISSIONER SHALL, WITH RESPECT TO THE RENEWAL OF A HAZARDOUS MATERIALS
ENDORSEMENT, COMPLY WITH THE REQUIREMENTS IMPOSED UPON STATES BY
SECTIONS 383.141 AND 1572.13 OF TITLE 49 OF THE CODE OF FEDERAL REGU-
LATIONS. A renewal of such license shall be issued by the commissioner
upon approval of such application, except that no such license shall be
issued if its issuance would be inconsistent with the provisions of
section five hundred sixteen of this [chapter] TITLE, and except that
the commissioner may refuse to renew such license if the applicant is
the holder of a currently valid or renewable license to drive issued by
another state or foreign country unless the applicant surrenders such
license.
S. 59--B 24 A. 159--B
S 4. 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-
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 5. 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,
S. 59--B 25 A. 159--B
THE TERM "EMERGENCY OPERATION" SHALL INCLUDE RETURNING FROM EMERGENCY
SERVICE.
S 6. 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
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 7. 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.
S. 59--B 26 A. 159--B
(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 8. 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-
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 9. 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 OR CLAUSE (I) OR (II) OF SUBPARAGRAPH
FIVE OF PARAGRAPH (B) OR CLAUSE B OF SUBPARAGRAPH THREE OF PARAGRAPH (E)
OF SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE, OR CLAUSE C
OF SUBPARAGRAPH ONE OF PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION ELEV-
EN HUNDRED NINETY-FOUR OF THIS CHAPTER, the privilege of such person to
operate a commercial motor vehicle and/or to obtain a commercial driv-
er'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, OR CLAUSE (I) OR (II) OF SUBPARAGRAPH FIVE OF PARAGRAPH
(B) OR CLAUSE B OF SUBPARAGRAPH THREE OF PARAGRAPH (E) OF SUBDIVISION
TWO OF SECTION ELEVEN HUNDRED NINETY-THREE, OR CLAUSE C OF SUBPARAGRAPH
ONE OF PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINE-
TY-FOUR OF THIS 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 10. 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:
S. 59--B 27 A. 159--B
(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].
(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.
(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 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 11. This act shall take effect immediately; provided, however, that
sections six, seven, and nine of this act shall apply only to violations
occurring on or after such effective date; and provided, further, that
sections eight and ten of this act shall take effect on the sixtieth day
after it shall have become a law and shall apply only to violations
occurring on or after such effective date.
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
S. 59--B 28 A. 159--B
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
Intentionally omitted.
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:
(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;
(iv) for prior periods,] (F) FOR THE PRECEDING FOUR FISCAL YEARS AND
THE CURRENT FISCAL YEAR, the bond coverage ratio on [a biennial] AN
S. 59--B 29 A. 159--B
ANNUAL basis, including the formula used to compute such ratio and the
source of that formula[;].
[(v) an] (G) AN explanation of any deficit projected for the end of
any fiscal year covered by the plan stating whether the projected defi-
cit 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) an] (H) A DETAILED DESCRIPTION OF ACTUAL OR PROPOSED APPROPRI-
ATIONS AND REAPPROPRIATIONS FROM THE DEDICATED HIGHWAY AND BRIDGE TRUST
FUND, AND THE ACTUAL OR PLANNED DISBURSEMENTS PURSUANT TO SUCH APPROPRI-
ATIONS AND REAPPROPRIATIONS.
(I) 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-
ness enterprises for such fiscal year; and a description of the types of
expenditures, projects or contracts[; and].
[(vii) such] (J) SUCH other information as shall be necessary to pres-
ent a full and accurate description of the financial position of the
dedicated 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
S. 59--B 30 A. 159--B
[(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 4. Section 89-b of the state finance law is amended by adding four
new subdivisions 8, 9, 10 and 11 to read as follows:
8. THE STATE COMPTROLLER SHALL AT THE COMMENCEMENT OF EACH MONTH
CERTIFY TO THE DIRECTOR OF THE BUDGET, THE CHAIRPERSONS OF THE SENATE
FINANCE AND ASSEMBLY WAYS AND MEANS COMMITTEES, THE COMMISSIONER OF
TRANSPORTATION, AND THE CHAIRMAN OF THE THRUWAY AUTHORITY THE AMOUNT
DISBURSED FROM THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND IN THE
PRECEDING MONTH, THE AMOUNTS REIMBURSED BY THE THRUWAY AUTHORITY, THE
REVENUES RECEIVED IN THE FUND, AND THE UNREIMBURSED DISBURSEMENTS, IN
ACCORDANCE WITH SECTION TEN-E OF THE HIGHWAY LAW.
9. NOT LATER THAN SIXTY DAYS AFTER THE END OF THE STATE FISCAL YEAR,
THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE TO THE STATE COMPTROLLER,
THE CHAIRPERSONS OF THE SENATE FINANCE AND ASSEMBLY WAYS AND MEANS
COMMITTEES AND THE DIVISION OF THE BUDGET, A DETAILED DESCRIPTION OF
EACH CAPITAL PROJECT LET DURING THE COMPLETED PRIOR YEAR THAT IS FUNDED
FULLY OR PARTIALLY FROM THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND.
SUCH DESCRIPTION SHALL INCLUDE A PROJECT IDENTIFICATION NUMBER, A
DESCRIPTION OF THE PROJECT IN LESS THAN THIRTY WORDS, THE WORK TYPE, THE
ESTIMATED TOTAL COST OF THE PROJECT AND THE PROBABLE LIFE OF EACH SUCH
PROJECT.
10. NOT LATER THAN MARCH FIRST OF EACH STATE FISCAL YEAR, THE DEPART-
MENT OF TRANSPORTATION SHALL PROVIDE TO THE STATE COMPTROLLER, THE
CHAIRPERSONS OF THE SENATE FINANCE AND ASSEMBLY WAYS AND MEANS COMMIT-
TEES AND THE DIVISION OF THE BUDGET, A DETAILED DESCRIPTION OF EACH
CAPITAL PROJECT ANTICIPATED OR AVAILABLE TO BE LET IN THE NEXT FISCAL
YEAR THAT IS PLANNED TO BE FUNDED FULLY OR PARTIALLY FROM THE DEDICATED
HIGHWAY AND BRIDGE TRUST FUND. SUCH DESCRIPTION SHALL INCLUDE A PROJECT
IDENTIFICATION NUMBER, A DESCRIPTION OF THE PROJECT IN LESS THAN THIRTY
WORDS, THE WORK TYPE, THE ESTIMATED TOTAL COST OF THE PROJECT AND THE
PROBABLE LIFE OF EACH SUCH PROJECT.
11. THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE TO THE STATE COMP-
TROLLER AND THE CHAIRPERSONS OF THE SENATE FINANCE AND ASSEMBLY WAYS AND
MEANS COMMITTEES, NOT LATER THAN FOURTEEN DAYS SUBSEQUENT TO REIMBURSE-
S. 59--B 31 A. 159--B
MENT FROM BOND PROCEEDS TO THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND,
A COOPERATIVE AGREEMENT SCHEDULE OF ALL PROJECTS SO REIMBURSED. SUCH
SCHEDULE SHALL INCLUDE, BUT NOT BE LIMITED TO, AN IDENTIFYING PROJECT
NUMBER, THE WORK TYPE, PROJECT DESCRIPTION, COUNTY, TOTAL COST, PERCENT-
AGE OF FEDERAL FUNDING, LETTING DATE, SCHEDULED COMPLETION DATE, LIFE TO
DATE DEDICATED HIGHWAY AND BRIDGE TRUST FUND DISBURSEMENTS, PRIOR AMOUNT
OF THRUWAY AUTHORITY BOND PROCEEDS REIMBURSEMENT, THE AMOUNT OF THE
CURRENT REIMBURSEMENT, AND THE PROBABLE LIFE OF EACH SUCH PROJECT.
S 5. 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] 2015; 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] 2015.
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 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] SIX HUNDRED dollars
for the first violation, nor more than [six hundred] ONE THOUSAND TWO
HUNDRED 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
S. 59--B 32 A. 159--B
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
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] FOUR HUNDRED dollars for each and every first
offense, and a penalty not exceeding the sum of [four hundred] EIGHT
HUNDRED 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. Subdivision 1 of section 159-e of the executive law is
REPEALED.
S 2. Subdivision 2 of section 159-e of the executive law, as amended
by chapter 710 of the laws of 1983, is renumbered subdivision 1 and
amended to read as follows:
1. "Eligible entity" shall mean any organization [which was]
(A) officially designated as a community action agency or a community
action program under the provisions of section two hundred ten of the
economic opportunity act of 1964 for fiscal year 1981, unless such
community action agency or a community action program lost its desig-
nation under section two hundred ten of such act as a result of a fail-
ure to comply with the provisions of such act; OR
(B) DESIGNATED BY THE PROCESS DESCRIBED IN SECTION ONE HUNDRED FIFTY-
NINE-M OF THIS ARTICLE (INCLUDING AN ORGANIZATION SERVING MIGRANT OR
SEASONAL FARMWORKERS THAT IS SO DESCRIBED OR DESIGNATED).
Such eligible entity shall have a TRIPARTITE BOARD AS ITS governing
board [which is constituted so as to assure that one-third of the
members of the board are elected public officials, currently holding
office, or their representatives, to be selected by the chief elected
officials of the state or local government or combination thereof, who
possess the authority to designate an eligible entity pursuant to this
article, except that if the number of elected officials reasonably
S. 59--B 33 A. 159--B
available and willing to serve is less than one-third of the membership
of the board, membership on the board of appointive public officials may
be counted in meeting such one-third requirements. At least one-third of
the members are persons chosen in accordance with any democratic
selection procedure which assures maximum feasible participation of poor
persons residing in the area to be served by the eligible entity; and
the remainder of the members are representatives of interest groups and
private organizations within the community to be served, including but
not limited to social service agencies, educational institutions, busi-
ness, industrial, labor and religious organizations] WHICH FULLY PARTIC-
IPATES IN THE DEVELOPMENT, PLANNING, IMPLEMENTATION, AND EVALUATION OF
THE PROGRAM TO SERVE LOW-INCOME COMMUNITIES AND THROUGH WHICH THE ENTITY
SHALL ADMINISTER THE COMMUNITY SERVICES BLOCK GRANT PROGRAM. HOWEVER,
SUCH ELIGIBLE ENTITIES WHICH ARE PUBLIC ORGANIZATIONS SHALL HAVE EITHER
A TRIPARTITE BOARD OR ANOTHER MECHANISM SPECIFIED BY THE STATE TO ASSURE
DECISION MAKING AND PARTICIPATION BY LOW-INCOME INDIVIDUALS IN THE
DEVELOPMENT, PLANNING, IMPLEMENTATION, AND EVALUATION OF PROGRAMS FUNDED
UNDER THIS ARTICLE.
S 3. Section 159-e of the executive law is amended by adding a new
subdivision 2 to read as follows:
2. "TRIPARTITE BOARD" SHALL MEAN
(A) THE GOVERNING BOARD OF A PRIVATE NONPROFIT ENTITY SELECTED BY THE
ENTITY AND COMPOSED SO AS TO ASSURE THAT
(1) ONE-THIRD OF THE MEMBERS OF THE BOARD ARE ELECTED PUBLIC OFFI-
CIALS, HOLDING OFFICE ON THE DATE OF SELECTION, OR THEIR REPRESEN-
TATIVES, EXCEPT THAT IF THE NUMBER OF SUCH ELECTED OFFICIALS REASONABLY
AVAILABLE AND WILLING TO SERVE ON THE BOARD IS LESS THAN ONE-THIRD OF
THE MEMBERSHIP OF THE BOARD, MEMBERSHIP ON THE BOARD OF APPOINTIVE
PUBLIC OFFICIALS OR THEIR REPRESENTATIVES MAY BE COUNTED IN MEETING SUCH
ONE-THIRD REQUIREMENT;
(2) (A) NOT FEWER THAN ONE-THIRD OF THE MEMBERS ARE PERSONS CHOSEN IN
ACCORDANCE WITH DEMOCRATIC SELECTION PROCEDURES ADEQUATE TO ASSURE THAT
THESE MEMBERS ARE REPRESENTATIVE OF LOW-INCOME INDIVIDUALS AND FAMILIES
IN THE NEIGHBORHOOD SERVED; AND
(B) EACH REPRESENTATIVE OF LOW-INCOME INDIVIDUALS AND FAMILIES
SELECTED TO REPRESENT A SPECIFIC NEIGHBORHOOD WITHIN A COMMUNITY UNDER
CLAUSE (A) OF THIS SUBPARAGRAPH RESIDES IN THE NEIGHBORHOOD REPRESENTED
BY THE MEMBER; AND
(3) THE REMAINDER OF THE MEMBERS ARE OFFICIALS OR MEMBERS OF BUSINESS,
INDUSTRY, LABOR, RELIGIOUS, LAW ENFORCEMENT, EDUCATION, OR OTHER MAJOR
GROUPS AND INTERESTS IN THE COMMUNITY SERVED; OR
(B) THE GOVERNING BOARD OF A PUBLIC ORGANIZATION, WHICH SHALL HAVE
MEMBERS SELECTED BY THE ORGANIZATION AND SHALL BE COMPOSED SO AS TO
ASSURE THAT NOT FEWER THAN ONE-THIRD OF THE MEMBERS ARE PERSONS CHOSEN
IN ACCORDANCE WITH DEMOCRATIC SELECTION PROCEDURES ADEQUATE TO ASSURE
THAT THESE MEMBERS
(1) ARE REPRESENTATIVE OF LOW-INCOME INDIVIDUALS AND FAMILIES IN THE
NEIGHBORHOOD SERVED;
(2) RESIDE IN THE NEIGHBORHOOD SERVED; AND
(3) ARE ABLE TO PARTICIPATE ACTIVELY IN THE DEVELOPMENT, PLANNING,
IMPLEMENTATION, AND EVALUATION OF PROGRAMS FUNDED UNDER THIS ARTICLE.
S 4. 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
S. 59--B 34 A. 159--B
by the secretary to [grantees] ELIGIBLE ENTITIES as defined in subdivi-
sion one of section one hundred fifty-nine-e of this article. Each such
[grantee] ELIGIBLE ENTITY shall receive the same proportion of community
services block grant funds as was the proportion of funds received in
THE IMMEDIATELY PRECEDING federal fiscal year [nineteen hundred eighty-
one by such grantee] under the federal community services [adminis-
tration] BLOCK GRANT 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] ELIGIBLE ENTI-
TIES in the state, under the federal community services [administration]
BLOCK GRANT 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
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 TO community
based organizations. SUCH REMAINDER FUNDS RECEIVED BY ELIGIBLE ENTITIES
WILL NOT BE INCLUDED IN DETERMINING THE PROPORTION OF FUNDS RECEIVED BY
ANY SUCH ENTITY IN THE IMMEDIATELY PRECEDING FEDERAL FISCAL YEAR UNDER
THE FEDERAL COMMUNITY SERVICES BLOCK GRANT PROGRAM.
S 5. Section 159-l of the executive law, as added by chapter 710 of
the laws of 1983, is renumbered section 159-n and amended and two new
sections 159-l and 159-m are added to read as follows:
S 159-L. DECERTIFICATION AND REDUCTION OF ENTITY SHARES. 1. ANY ELIGI-
BLE ENTITY THAT RECEIVED FUNDING IN THE PREVIOUS FEDERAL FISCAL YEAR
THROUGH A COMMUNITY SERVICES BLOCK GRANT MADE UNDER THIS ARTICLE SHALL
NOT HAVE ITS FUNDING TERMINATED UNDER THIS ARTICLE OR REDUCED BELOW THE
PROPORTIONAL SHARE OF FUNDING THE ENTITY RECEIVED IN THE IMMEDIATELY
PRECEDING FEDERAL FISCAL YEAR, AS DETERMINED PURSUANT TO SECTION ONE
HUNDRED FIFTY-NINE-I OF THIS ARTICLE, UNLESS, AFTER PROVIDING NOTICE AND
AN OPPORTUNITY FOR A HEARING ON THE RECORD, THE STATE DETERMINES THAT
CAUSE EXISTS FOR SUCH TERMINATION OR SUCH REDUCTION, SUBJECT TO REVIEW
BY THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES. FOR PURPOSES OF MAKING A DETERMINATION THAT CAUSE EXISTS FOR:
(A) A FUNDING REDUCTION, THE TERM "CAUSE" SHALL INCLUDE
(1) A STATEWIDE REDISTRIBUTION OF FUNDS PROVIDED THROUGH A COMMUNITY
SERVICES BLOCK GRANT UNDER THIS ARTICLE TO RESPOND TO
S. 59--B 35 A. 159--B
(A) THE RESULTS OF THE MOST RECENTLY AVAILABLE CENSUS OR OTHER APPRO-
PRIATE DATA;
(B) THE DESIGNATION OF A NEW ELIGIBLE ENTITY; OR
(C) SEVERE ECONOMIC DISLOCATION; AND
(2) THE FAILURE OF AN ELIGIBLE ENTITY TO COMPLY WITH THE TERMS OF AN
AGREEMENT OR A STATE PLAN, OR TO MEET A STATE REQUIREMENT, AS DESCRIBED
IN THIS SECTION; OR
(B) A TERMINATION, THE TERM "CAUSE" INCLUDES THE FAILURE OF AN ELIGI-
BLE ENTITY TO COMPLY WITH THE TERMS OF AN AGREEMENT OR A STATE PLAN, OR
TO MEET A STATE REQUIREMENT, AS DESCRIBED IN THIS SECTION.
2. IF THE STATE DETERMINES, ON THE BASIS OF A FINAL DECISION IN A
REVIEW PURSUANT TO THIS ARTICLE, THAT AN ELIGIBLE ENTITY FAILS TO COMPLY
WITH THE TERMS OF AN AGREEMENT OR THE STATE PLAN TO PROVIDE SERVICES
UNDER THIS ARTICLE OR TO MEET APPROPRIATE STANDARDS, GOALS, AND OTHER
REQUIREMENTS ESTABLISHED BY THE STATE (INCLUDING PERFORMANCE OBJEC-
TIVES), THE STATE SHALL:
(A) INFORM THE ENTITY OF THE DEFICIENCY TO BE CORRECTED;
(B) REQUIRE THE ENTITY TO CORRECT THE DEFICIENCY;
(C) (1) OFFER TRAINING AND TECHNICAL ASSISTANCE, IF APPROPRIATE, TO
HELP CORRECT THE DEFICIENCY, AND PREPARE AND SUBMIT TO THE SECRETARY OF
THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES A REPORT STAT-
ING THE REASONS FOR THE DETERMINATION; OR
(2) IF THE STATE DETERMINES THAT SUCH TRAINING AND TECHNICAL ASSIST-
ANCE ARE NOT APPROPRIATE, IT SHALL PREPARE AND SUBMIT TO THE SECRETARY
OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES A REPORT
STATING THE REASONS FOR THE DETERMINATION;
(D) (1) AT THE DISCRETION OF THE STATE (TAKING INTO ACCOUNT THE SERI-
OUSNESS OF THE DEFICIENCY AND THE TIME REASONABLY REQUIRED TO CORRECT
THE DEFICIENCY), ALLOW THE ENTITY TO DEVELOP AND IMPLEMENT AND SUBMIT TO
THE STATE, WITHIN SIXTY DAYS AFTER BEING INFORMED OF THE DEFICIENCY, A
QUALITY IMPROVEMENT PLAN TO CORRECT SUCH DEFICIENCY WITHIN A REASONABLE
PERIOD OF TIME, AS DETERMINED BY THE STATE; AND
(2) NOT LATER THAN THIRTY DAYS AFTER RECEIVING FROM AN ELIGIBLE ENTITY
A PROPOSED QUALITY IMPROVEMENT PLAN PURSUANT TO SUBPARAGRAPH ONE OF THIS
PARAGRAPH, EITHER APPROVE SUCH PROPOSED PLAN OR SPECIFY THE REASONS WHY
THE PROPOSED PLAN CANNOT BE APPROVED; AND
(E) AFTER PROVIDING ADEQUATE NOTICE AND AN OPPORTUNITY FOR A HEARING,
INITIATE PROCEEDINGS TO TERMINATE THE DESIGNATION OF OR REDUCE THE FUND-
ING UNDER THIS ARTICLE OF THE ELIGIBLE ENTITY UNLESS THE ENTITY CORRECTS
THE DEFICIENCY.
3. A DETERMINATION TO TERMINATE THE DESIGNATION OR REDUCE THE FUNDING
OF AN ELIGIBLE ENTITY PURSUANT TO SUBDIVISION TWO OF THIS SECTION IS
REVIEWABLE BY THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH
AND HUMAN SERVICES, PURSUANT TO THE PROCESSES SET FORTH IN THE FEDERAL
COMMUNITY SERVICES BLOCK GRANT ACT OF 1981, AS AMENDED.
S 159-M. DESIGNATION AND REDESIGNATION OF ELIGIBLE ENTITIES IN
UNSERVED AREAS. 1. QUALIFIED ORGANIZATION IN OR NEAR AREA. (A) IN
GENERAL. IF ANY GEOGRAPHIC AREA OF THE STATE IS NOT, OR CEASES TO BE,
SERVED BY AN ELIGIBLE ENTITY UNDER THIS ARTICLE, AND IF THE GOVERNOR
DECIDES TO SERVE SUCH AREA, THE GOVERNOR MAY SOLICIT APPLICATIONS FROM,
AND DESIGNATE AS AN ELIGIBLE ENTITY
(1) A PRIVATE NONPROFIT ORGANIZATION (WHICH MAY INCLUDE AN ELIGIBLE
ENTITY) THAT IS GEOGRAPHICALLY LOCATED IN THE UNSERVED AREA, THAT IS
CAPABLE OF PROVIDING A BROAD RANGE OF SERVICES DESIGNED TO ELIMINATE
POVERTY AND FOSTER SELF-SUFFICIENCY, AND THAT MEETS THE REQUIREMENTS OF
THIS ARTICLE; AND
S. 59--B 36 A. 159--B
(2) A PRIVATE NONPROFIT ELIGIBLE ENTITY THAT IS GEOGRAPHICALLY LOCATED
IN AN AREA CONTIGUOUS TO OR WITHIN REASONABLE PROXIMITY OF THE UNSERVED
AREA AND THAT IS ALREADY PROVIDING RELATED SERVICES IN THE UNSERVED
AREA.
(B) REQUIREMENT. IN ORDER TO SERVE AS THE ELIGIBLE ENTITY FOR THE
AREA, AN ENTITY DESCRIBED IN SUBPARAGRAPH TWO OF PARAGRAPH (A) OF THIS
SUBDIVISION SHALL AGREE TO ADD ADDITIONAL MEMBERS TO THE BOARD OF THE
ENTITY TO ENSURE ADEQUATE REPRESENTATION
(1) IN EACH OF THE THREE REQUIRED CATEGORIES DESCRIBED IN PARAGRAPH
(A) OF SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-NINE-E OF THIS ARTI-
CLE, BY MEMBERS THAT RESIDE IN THE COMMUNITY COMPRISED BY THE UNSERVED
AREA; AND
(2) IN THE CATEGORY DESCRIBED IN SUBPARAGRAPH TWO OF PARAGRAPH (A) OF
SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-NINE-E OF THIS ARTICLE, BY
MEMBERS THAT RESIDE IN THE NEIGHBORHOOD TO BE SERVED.
2. SPECIAL CONSIDERATION. IN DESIGNATING AN ELIGIBLE ENTITY UNDER
SUBDIVISION ONE OF THIS SECTION, THE GOVERNOR SHALL GRANT THE DESIG-
NATION TO AN ORGANIZATION OF DEMONSTRATED EFFECTIVENESS IN MEETING THE
GOALS AND PURPOSES OF THIS ARTICLE AND MAY GIVE PRIORITY, IN GRANTING
THE DESIGNATION, TO ELIGIBLE ENTITIES THAT ARE PROVIDING RELATED
SERVICES IN THE UNSERVED AREA, CONSISTENT WITH THE NEEDS IDENTIFIED BY A
COMMUNITY-NEEDS ASSESSMENT.
3. NO QUALIFIED ORGANIZATION IN OR NEAR AREA. IF NO PRIVATE, NONPROFIT
ORGANIZATION IS IDENTIFIED OR DETERMINED TO BE QUALIFIED UNDER SUBDIVI-
SION ONE OF THIS SECTION TO SERVE THE UNSERVED AREA AS AN ELIGIBLE ENTI-
TY THE GOVERNOR MAY DESIGNATE AN APPROPRIATE POLITICAL SUBDIVISION OF
THE STATE TO SERVE AS AN ELIGIBLE ENTITY FOR THE AREA. IN ORDER TO SERVE
AS THE ELIGIBLE ENTITY FOR THAT AREA, THE POLITICAL SUBDIVISION SHALL
HAVE A TRIPARTITE BOARD OR OTHER MECHANISM AS REQUIRED IN SECTION ONE
HUNDRED FIFTY-NINE-E OF THIS ARTICLE.
S 159-n. Report of the secretary. The secretary of state shall report
to the governor and the legislature by [January] MARCH fifteenth of each
year on the administration of the community services block grant
program. The report shall include, but not be limited to, the results of
the monitoring and evaluation of recipients of funds under the program
and any recommendation for changes which the secretary of state deems
necessary for the effective administration of the program.
S 6. Section 5 of chapter 728 of the laws of 1982, amending the execu-
tive law relating to community services block grant programs, as amended
by section 2 of part 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 7. Section 7 of chapter 710 of the laws of 1983, amending the execu-
tive law relating to community services block grant programs, as amended
by section 3 of part 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
S. 59--B 37 A. 159--B
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 8. This act shall take effect immediately; provided, however, the
amendments to section 159-e of the executive law made by section three
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 shall
be deemed to expire therewith; provided, further, that the amendments to
sections 159-e and 159-i of the executive law made by sections two and
four of this act shall not affect the expiration of such sections 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; provided, further, that the addition of
sections 159-l and 159-m to article 6-D of the executive law, made by
section five of this act shall not affect the expiration of such article
as provided in section 5 of chapter 728 of the laws of 1982, as amended,
and such sections shall be deemed to expire therewith; and provided,
further, that the amendments to section 159-n of the executive law made
by section five of this act shall not affect the repeal of such section
as provided in section 7 of chapter 710 of the laws of 1983, as amended,
and shall be deemed repealed therewith.
PART S
Intentionally omitted.
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 million dollars shall be deposited in such fund for
the fiscal year beginning April first, two thousand nine] THE AMOUNT OF
ONE HUNDRED NINETY-NINE MILLION THREE HUNDRED THOUSAND DOLLARS SHALL BE
DEPOSITED IN SUCH FUND FOR FOUR FISCAL YEARS 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
S. 59--B 38 A. 159--B
amount of up to twenty-five million dollars may be deposited in such
fund for the fiscal year beginning 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 comp-
troller shall deposit into such fund from the taxes, interest and penal-
ties 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 deposited 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 comptroller, an amount equal to the
shortfall shall be deposited in such fund by the comptroller with subse-
quent 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 collected that are not required
for deposit in the environmental protection fund.
S 2. 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, ALL MONEYS REQUIRED TO BE
DEPOSITED PURSUANT TO ARTICLE THIRTY-THREE OF THE ENVIRONMENTAL CONSER-
VATION LAW, ALL FEES COLLECTED PURSUANT TO SUBDIVISION EIGHT OF SECTION
70-0117 OF THE ENVIRONMENTAL CONSERVATION LAW, AS ADDED BY A CHAPTER OF
THE LAWS OF TWO THOUSAND NINE, ALL MONEYS COLLECTED PURSUANT TO TITLE
THIRTY-THREE OF ARTICLE FIFTEEN OF THE ENVIRONMENTAL CONSERVATION LAW,
AS ADDED BY A CHAPTER OF THE LAWS OF TWO THOUSAND NINE and all other
moneys credited or transferred thereto from any other fund or source
S. 59--B 39 A. 159--B
pursuant to law. All such revenue shall be initially deposited into the
environmental protection fund, for application as provided in subdivi-
sion five of this section.
S 3. 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 April 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 START 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 SHALL BE ASSESSED AND PAID UPON EVERY HORSE ENTERED IN A
PARI-MUTUEL RACE IN NEW YORK STATE THAT ACTUALLY STARTS IN THE RACE.
SUCH FEE SHALL BE REFUNDED TO THE OWNER OR CREDITED TO THE OWNER'S
ACCOUNT IN THE EVENT THE HORSE DOES NOT ACTUALLY START IN THE RACE. 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. UNLESS REFUNDED OR CREDITED, THE TOTAL FEE AMOUNT
COLLECTED DURING THE PRECEDING MONTH BY THE HORSEMEN'S BOOKKEEPER OR
SIMILAR OFFICE OF SUCH CORPORATION SHALL BE PAID TO THE RACING AND
WAGERING BOARD ON THE FIRST BUSINESS DAY OF EACH MONTH. PAYMENT SHALL BE
ACCOMPANIED BY A REPORT, UNDER OATH, SHOWING 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 SECTION FOR
THE PURPOSE OF EXAMINING AND CHECKING THE SAME AND ASCERTAINING WHETHER
THE PROPER AMOUNT OR AMOUNTS DUE ARE BEING PAID. IF IN THE OPINION 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
S. 59--B 40 A. 159--B
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.
3. THE 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 SECTION. WITH THE APPROVAL OF THE DIREC-
TOR OF THE BUDGET, MONIES TO BE UTILIZED TO PAY THE COSTS AND EXPENSES
OF THE OPERATIONS OF THE STATE RACING AND WAGERING 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
Intentionally omitted.
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] 2010, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 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
S. 59--B 41 A. 159--B
provisions of subdivision 2 of section 18-a of the public service law,
but shall be billed and paid in the manner set forth in such subdivision
and upon receipt shall be paid to the state comptroller for deposit in
the state treasury for credit to the miscellaneous special revenue fund.
The director of the budget shall not issue a certificate of approval
with respect to the commitment and expenditure of moneys hereby appro-
priated until the chair of such authority shall have submitted, and the
director of the budget shall have approved, a comprehensive financial
plan encompassing all moneys available to and all anticipated commit-
ments and expenditures by such authority from any source for the oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 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
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 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
S. 59--B 42 A. 159--B
NOTES ISSUED TO REFUND OUTSTANDING BONDS AND NOTES ISSUED PURSUANT TO
THIS SECTION.
S 3. This act shall take effect April 1, 2009.
PART BB
Section 1. Notwithstanding any provisions of law to the contrary, the
New York state urban development corporation is authorized to contribute
up to seven million dollars to the Governors Island Preservation and
Education Corporation, from excess receipts which are authorized to be
paid to the urban development corporation under certain provisions of
the public authorities control board resolutions, 04-UD-838A and 06-UD-
900.
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 CC
Intentionally omitted.
PART DD
Intentionally omitted.
PART EE
Intentionally omitted.
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 31, 2009.
PART GG
S. 59--B 43 A. 159--B
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 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
Intentionally omitted.
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[;
S. 59--B 44 A. 159--B
(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:
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. This act shall take effect immediately.
S. 59--B 45 A. 159--B
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 and a new
subdivision s is added 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;
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] S 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 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 April 1, 2009.
PART KK
S. 59--B 46 A. 159--B
Section 1. Subdivision 5 of section 11-0701 of the environmental
conservation law is amended by adding a new paragraph c to read as
follows:
C. A COMBINED RESIDENT FISHING, SMALL AND BIG GAME, MUZZLE-LOADING
STAMP AND TRAPPING LICENSE, HEREINAFTER IN THIS ARTICLE REFERRED TO AS A
RESIDENT TRAPPER SUPER-SPORTSMAN LICENSE, ENTITLES THE HOLDER TO THE
PRIVILEGES THE HOLDER WOULD HAVE IF THE HOLDER HELD SEPARATELY A FISHING
LICENSE, A SMALL AND BIG GAME LICENSE, A MUZZLE-LOADING STAMP, A TRAP-
PING LICENSE, AND A TURKEY PERMIT.
S 2. Subdivision 1 of section 11-0702 of the environmental conserva-
tion law, as amended by section 18 of part F of chapter 82 of the laws
of 2002, is amended to read as follows:
1. There are hereby created the following lifetime hunting, fishing,
trapping, archery and muzzle-loading licenses and fees therefor subject
to the same privileges and obligations of a comparable short term
license:
Licenses Fees
a. Lifetime sportsman
license and turkey
permit. If purchased,
for a child four years
of age or younger [$300.00] $380.00
for a child age five through
eleven years of age [$420.00] $535.00
for a person age twelve through
[sixty-four] SIXTY-NINE
years of age [$600.00] $765.00
for a person age [sixty-five] SEVENTY
and over. [$ 50.00] $65.00
b. Lifetime small and
big game license. [$350.00] $535.00
c. Lifetime fishing
license FOR A PERSON AGE
SIXTY-NINE OR YOUNGER. [$350.00] $460.00
d. LIFETIME FISHING LICENSE
FOR A PERSON AGE SEVENTY AND OVER. $ 65.00
E. Lifetime trapping
license. [$300.00] $395.00
[e.] F. Lifetime archery
stamp. [$180.00] $235.00
[f.] G. Lifetime muzzle-
loading stamp. [$180.00] $235.00
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
S. 59--B 47 A. 159--B
and turkey permit for an additional fee equal to the existing differen-
tial.
S 3. Subdivision 2 of section 11-0715 of the environmental conserva-
tion law, as amended by chapter 418 of the laws of 2004, is 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, 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 thirty 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; A RESIDENT OF THE
STATE WHO IS 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 great-
er 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]
SEVENTY is entitled to receive a sportsman license at the cost of [five]
TEN dollars as a license fee.
A RESIDENT IN THE STATE FOR A PERIOD OF THIRTY DAYS IMMEDIATELY PRIOR
TO THE DATE OF APPLICATION WHO HAS ATTAINED THE AGE OF SEVENTY IS ENTI-
TLED TO RECEIVE A FISHING LICENSE, AND A TRAPPING LICENSE, AT A COST OF
FIVE DOLLARS FOR EACH LICENSE.
A RESIDENT IN THE STATE FOR A PERIOD OF THIRTY DAYS IMMEDIATELY PRIOR
TO THE DATE OF APPLICATION WHO HAS ATTAINED THE AGE OF SEVENTY IS ENTI-
TLED TO RECEIVE FREE OF CHARGE A BOWHUNTING STAMP AND A MUZZLE-LOADING
STAMP.
S 4. Subdivision 3 of section 11-0715 of the environmental conserva-
tion law, as amended by chapter 344 of the laws of 2008, is amended to
read as follows:
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 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
S. 59--B 48 A. 159--B
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] $88.00
(2) TRAPPER SUPER-SPORTSMAN $88.00
(3) Sportsman [$37.00] $47.00
[(3)] (4) Small and big game [$19.00] $29.00
[(4)] (5) Fishing [$19.00] $29.00
[(5)] (6) Trapping [$16.00] $21.00
[(6)] (7) Small game [$16.00] $26.00
[(7)] (8) Junior trapping $ 6.00
[(8)] (9) Muzzle-loading stamp [$16.00] $21.00
[(9)] (10) Bowhunting stamp [$16.00] $21.00
[(10)] (11) Turkey permit [$ 5.00] $10.00
[(11)] (12) Seven-day fishing [$12.00] $15.00
[(12)] (13) Conservation legacy [$76.00] $96.00
(14) ONE-DAY 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) Big game [$110.00] $140.00
(2) Small game [$ 55.00] $85.00
(3) Fishing [$ 40.00] $70.00
(4) Seven-day fishing [$ 25.00] $35.00
(5) Trapping [$255.00] $310.00
(6) Super-sportsman [$250.00] $280.00
(7) Bowhunting [$110.00] $140.00
(8) Muzzle-loading [$110.00] $140.00
(9) Bear tag [$ 30.00] $50.00
(10) Turkey permit [$ 30.00] $50.00
(11) ONE-DAY FISHING $15.00
c. In all cases:
(1) Certificates in lieu of lost license or stamp
or tag $ 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
(6) Conservation patron license $12.00
S 5. Subdivision 4 of section 11-0715 of the environmental conserva-
tion law, as amended by section 31 of part F of chapter 82 of the laws
of 2002, is amended to read as follows:
4. A person, resident in the state for at least thirty days immediate-
ly prior to the date of application, who has been honorably discharged
from service in the armed forces of the United States and certified as
having a forty percent or greater service-connected disability is enti-
tled to receive all licenses, stamps, tags, buttons, and permits author-
ized by this title for which he or she is eligible, except turkey
permits, renewable each year for a five dollar fee.
S. 59--B 49 A. 159--B
S 6. Subdivision 7 of section 11-0913 of the environmental conserva-
tion law, as amended by section 48 of part F of chapter 82 of the laws
of 2002, is amended to read as follows:
7. The department shall charge and receive a fee of ten dollars for
the application and the processing of such permit or permits. Applicants
who are successful in the computerized selection shall receive the
permit or permits free of any additional charge. The application fee
shall be non-refundable. The department may waive the application fee
for holders of a LIFETIME SPORTSMAN LICENSE EXISTING AS OF OCTOBER
FIRST, TWO THOUSAND NINE, junior archery[, sportsman] LICENSE, resident
super-sportsman[, conservation legacy or non-resident super-sportsman]
license, OR JUNIOR HUNTING LICENSE.
S 7. This act shall take effect October 1, 2009. Effective immediate-
ly, the addition, amendment, and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made on or before such 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
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 1 of section 11-0702 of the environmental conserva-
tion law, as amended by section 18 of part F of chapter 82 of the laws
of 2002, is amended to read as follows:
1. There are hereby created the following lifetime hunting, fishing,
trapping, archery and muzzle-loading licenses and fees therefor subject
to the same privileges and obligations of a comparable short term
license:
Licenses Fees
a. Lifetime sportsman
license and turkey
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
S. 59--B 50 A. 159--B
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 RECREATIONAL
MARINE FISHING LICENSE. $150.00
H. LIFETIME COMBINATION FISHING
AND RECREATIONAL MARINE FISHING
LICENSE. $450.00
The holder of a lifetime small and big game license or fishing license
may, at any time, convert such license to a lifetime sportsman license
and turkey permit for an additional fee equal to the existing differen-
tial.
S 3. Subdivision 6 of section 11-0707 of the environmental conserva-
tion law is REPEALED.
S 4. 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, ALTHOUGH SUCH CLERKS MAY REQUEST AUTHORI-
ZATION FROM THE DEPARTMENT TO CEASE ISSUING SUCH LICENSES,
(2) clerks of a village having more than one thousand inhabitants
according to the last preceding federal census, or of a village in a
county of less than five hundred thousand inhabitants, adjoining a city
of over one million inhabitants, both according to such census, ALTHOUGH
SUCH CLERKS MAY REQUEST AUTHORIZATION FROM THE DEPARTMENT TO CEASE ISSU-
ING SUCH LICENSES, and
S. 59--B 51 A. 159--B
(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] TITLE for issuing clerks
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 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 THE DEPART-
MENT 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 5. Subdivision 1 of section 13-0336 of the environmental conserva-
tion law, as added by chapter 263 of the laws of 1997, is amended to
read as follows:
1. No owner or operator of a party boat or charter boat shall carry
recreational fishing passengers in the marine and coastal district or
land fish taken outside the territorial waters of the state without
holding a party or charter boat license issued by the department for an
annual fee of two hundred fifty dollars AND A RECREATIONAL MARINE FISH-
ING LICENSE ISSUED BY THE DEPARTMENT FOR AN ANNUAL FEE OF FOUR HUNDRED
DOLLARS. Such [license] LICENSES shall be issued only to persons domi-
ciled in the state or in a state which affords reciprocal fishing privi-
leges to persons domiciled in New York. Such [license] LICENSES shall
be available on the vessel at all times. For purposes of this subdivi-
sion, party boats and charter boats are vessels used to carry passengers
for hire wherein a fee is charged, either directly or indirectly, for
the purpose of taking or attempting to take marine fish for recreational
purposes.
S 6. The environmental conservation law is amended by adding a new
section 13-0355 to read as follows:
S 13-0355. RECREATIONAL MARINE FISHING LICENSE.
S. 59--B 52 A. 159--B
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 JANUARY
FIRST AND ENDING DECEMBER THIRTY-FIRST.
B. A SEVEN-DAY RECREATIONAL MARINE FISHING LICENSE ENTITLES THE HOLDER
TO EXERCISE THE PRIVILEGES OF A RECREATIONAL MARINE FISHING LICENSE FOR
THE SEVEN CONSECUTIVE DAYS SPECIFIED IN SUCH LICENSE.
C. A ONE-DAY RECREATIONAL MARINE FISHING LICENSE ENTITLES THE HOLDER
TO EXERCISE THE PRIVILEGES OF A RECREATIONAL MARINE FISHING LICENSE ON
THE DAY SPECIFIED ON SUCH LICENSE.
2. GENERAL PROVISIONS. A. THE PRIVILEGES OF A RECREATIONAL MARINE
FISHING LICENSE 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.
D. NO LICENSE AUTHORIZES THE HOLDER (A) TO TRESPASS UPON PRIVATE
LANDS OR WATERS OR TO INTERFERE WITH PROPERTY BELONGING TO ANOTHER
PERSON; (B) TO TAKE FISH OR WILDLIFE ON AN INDIAN RESERVATION; (C) TO
ENTER UPON, OR TO TAKE OR DISTURB FISH OR WILDLIFE UPON, STATE LANDS OR
WATERS POSTED BY THE DEPARTMENT EXCEPT IN ACCORDANCE WITH A WRITTEN
PERMIT FROM THE DEPARTMENT OR AN ORDER ADOPTED BY THE DEPARTMENT; (D) TO
TAKE ANY FISH OR WILDLIFE IN ANY AREA CLOSED TO THE TAKING OF FISH OR
WILDLIFE, OR TO TAKE ANY SPECIES OF FISH, WILDLIFE OR PROTECTED INSECT
IN AN AREA CLOSED TO THE TAKING OF SUCH SPECIES.
3. FAILURE TO CARRY LICENSE. 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
(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 OR THE DESIGNEES OF THE OWNER, LESSEE OR PERSON IN CONTROL OF THE
LANDS OR WATERS ON WHICH THE LICENSE HOLDER IS PRESENT AND 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 HOLDING THE LICENSE
REQUIRED BY THIS SECTION.
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:
S. 59--B 53 A. 159--B
LICENSE FEE
(1) RECREATIONAL MARINE FISHING $10.00
(2) SEVEN-DAY RECREATIONAL MARINE
FISHING $8.00
(3) ONE-DAY RECREATIONAL MARINE
FISHING $ 4.00
B. IN THE CASE OF A NON-RESIDENT AND PERSONS RESIDENT IN THE STATE FOR
LESS THAN THIRTY DAYS, OTHER THAN PERSONS WHO ARE ENROLLED IN A
FULL-TIME COURSE AT A COLLEGE OR UNIVERSITY WITHIN THE STATE AND WHO ARE
IN RESIDENCE IN THE STATE FOR THE SCHOOL YEAR AND THOSE MEMBERS OF THE
UNITED STATES ARMED FORCES AS TO WHOM FEES ARE SPECIFIED IN PARAGRAPH A
OF THIS SUBDIVISION:
LICENSE FEE
(1) RECREATIONAL MARINE FISHING $15.00
(2) SEVEN-DAY RECREATIONAL MARINE
FISHING $10.00
(3) ONE-DAY RECREATIONAL MARINE
FISHING $ 5.00
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.
A. MINORS UNDER THE AGE OF SIXTEEN MAY TAKE FISH AS IF THEY HELD A
RECREATIONAL MARINE FISHING LICENSE.
B. RECREATIONAL FISHING PASSENGERS ON A MARINE AND COASTAL DISTRICT
PARTY OR CHARTER BOAT LICENSED PURSUANT TO SECTION 13-0336 OF THIS TITLE
MAY TAKE FISH AS IF THEY HELD A RECREATIONAL 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
NOT MAKE IT POSSIBLE TO IDENTIFY ANY PERSON WHO SUBMITS SUCH DATA. THE
DEPARTMENT MAY PRESCRIBE SUCH PROCEDURES AS MAY BE NECESSARY TO PRESERVE
SUCH CONFIDENTIALITY.
7. RECIPROCITY IN BOUNDARY WATERS. IF PERSONS HOLDING RECREATIONAL
MARINE FISHING LICENSES ISSUED UNDER THE NEW YORK FISH AND WILDLIFE LAW
ARE NOT REQUIRED TO HAVE LICENSES ISSUED BY A STATE NAMED IN PARAGRAPH
A, B OR C OF THIS SUBDIVISION WHEN FISHING IN THAT PART OF THE WATERS,
SPECIFIED IN SUCH PARAGRAPH, WHICH LIES WITHIN THAT STATE THEN, IN SUCH
CASE, A PERSON HOLDING A SIMILAR LICENSE ISSUED BY SUCH STATE MAY, WITH-
OUT A RECREATIONAL MARINE FISHING LICENSE ISSUED UNDER THE NEW YORK FISH
AND WILDLIFE LAW, TAKE FISH AS PROVIDED IN THIS TITLE, FROM THAT PART OF
SUCH WATERS SPECIFIED IN PARAGRAPH A, B OR C OF THIS SUBDIVISION WHICH
LIES WITHIN THIS STATE:
A. LICENSE ISSUED BY CONNECTICUT: THOSE PARTS OF LONG ISLAND SOUND
LYING BETWEEN NEW YORK AND CONNECTICUT.
S. 59--B 54 A. 159--B
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 7. Subdivision 2 of section 13-0503 of the environmental conserva-
tion law, as amended by chapter 263 of the laws of 2007, is amended to
read as follows:
2. The board shall have the power and duty to: (A) receive and review,
and to approve or deny, applications from eligible recipients for grants
from the marine and coastal district of New York conservation, educa-
tion, and research fund, created pursuant to section ninety-five-c of
the state finance law, for conservation, research, and education
projects relating to such marine and coastal district. Approval of any
such proposed project may be granted only by unanimous vote of all three
members of the board. In the event a member of the board is unable to
vote, the alternate for such member may vote in his or her place[. The
board shall have the power to];
(B) make by-laws for the management of its affairs and to do all
things necessary or convenient to carry out the powers expressly given
in this title;
(C) REVIEW THE ALLOCATIONS AND EXPENDITURES OF THE DEPARTMENT RELATED
TO THE MARINE RESOURCES ACCOUNT. TO ASSIST THE BOARD IN ITS REVIEW, THE
DEPARTMENT SHALL BY SEPTEMBER FIRST OF EACH YEAR MAKE AVAILABLE TO THE
BOARD, THE GOVERNOR AND THE LEGISLATURE CURRENT AND ANTICIPATED INCOME
AND EXPENDITURES FOR THE ACCOUNT, INCLUDING PLANNED EXPENDITURES BY TIME
AND ACTIVITY CODE FOR THE NEXT FISCAL YEAR;
(D) CONSULT WITH MARINE FISH AND WILDLIFE INTERESTS AND RENDER ANNUAL
REPORTS TO THE COMMISSIONER ON FISCAL NEEDS AND MAKE RECOMMENDATIONS ON
EXPENDITURES AND HOW SUCH NEEDS SHALL BE MET; AND
(E) MAKE RECOMMENDATIONS REGARDING THE MAXIMUM FEES FOR THE RECRE-
ATIONAL MARINE FISHING LICENSES IDENTIFIED IN SECTION 13-0355 OF THIS
ARTICLE. IN RECOMMENDING SUCH FEES, THE BOARD SHALL CONSIDER ECONOMIC
INDICATORS, THE GENERAL FINANCIAL CONDITION OF THE SALTWATER RECREATION-
AL FISHING INDUSTRY AND THE STATUS OF THE MARINE RESOURCES ACCOUNT,
INCLUDING THE VIABILITY OF THE MARINE RESOURCES PROGRAM, AS IT MAY DEEM
APPROPRIATE.
S 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
Intentionally omitted.
PART NN
Section 1. Legislative findings. The legislature finds that the nature
of the work of the department of public service has become increasingly
complex. The public service commission has instituted proceedings with
statewide environmental and economic implications in addition to its
core ratemaking and consumer protection responsibilities for the elec-
tric, natural gas, water, steam and telephone industries. The current
amount of the cap set forth in section 18-a of the public service law,
S. 59--B 55 A. 159--B
established in 1972, may no longer be adequate to meet the responsibil-
ities of the department and related costs of other state agencies and
authorities that are and will continue to be supported through this
assessment. Increasing the assessment cap will allow the department, the
commission and other agencies to continue their oversight of the state's
utilities and the development of important environmental and efficiency
policies and programs relating to, among other things, energy efficiency
and renewable energy.
The legislature further finds that while the commission applies a
traditional regulatory approach to electric, gas, steam and water utili-
ties, recent changes in the telecommunications industry have impacted
the commission's regulatory oversight. New York's landline telephone
companies are subject to significant levels of competition from provid-
ers exempt from New York's regulatory structure. To address the chal-
lenges posed by such competition, the commission has, within statutory
parameters, streamlined its regulatory oversight to provide flexibility
while maintaining consumer protections. As a result of these changes,
the regulatory focus has narrowed, allowing a shift of department
resources to oversight of other jurisdictional industries.
The legislature also finds that the challenges facing the state's
energy and water utilities have increased. The commission's traditional
focus on utilities' rates and the quality of utility service has
expanded to include issues related to the role of energy service compa-
nies in retail markets and utility efficiencies, the development of the
state's renewable resources and new utility-related issues posed at the
federal level. These events have expanded the level of resources
required to regulate and oversee entities regulated by the commission.
S 2. The section heading and subdivisions 1 and 2 of section 18-a of
the public service law, the section heading as amended by chapter 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 the
assessment [thereof] OF SUCH COSTS AND EXPENSES. 1. All costs and
expenses of the department and commission shall be paid pursuant to
appropriation [in the first instance from the state treasury,] on the
certification of the chairman of the department and upon the audit and
warrant of the comptroller. The state treasury shall be reimbursed
therefore by payments to be made thereto from all moneys collected
pursuant 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
commission's regulation, to be assessed in the manner provided in subdi-
visions two, three and four of this section and section two hundred
seventeen 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
S. 59--B 56 A. 159--B
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
expenses of conducting the department's and commission's total oper-
ations during 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)] ONE of [paragraph (b) of] this
[subdivision] PARAGRAPH.
FOR THE PURPOSES OF CALCULATING THE COMMODITY COST COMPONENT OF ITS
GROSS OPERATING REVENUE, WHERE THE UTILITY DELIVERS TO END-USE CUSTOMERS
ELECTRICITY AND/OR NATURAL GAS COMMODITIES THAT ARE SOLD TO SUCH CUSTOM-
ERS BY A THIRD PARTY, SUCH UTILITY SHALL INCLUDE IN ITS REVENUES AN
ESTIMATE OF THE SALES REVENUE FOR THE ELECTRIC AND/OR NATURAL GAS
COMMODITIES THAT IT DELIVERS, INCLUDING ALL SUCH COMMODITIES SOLD TO
END-USE CUSTOMERS BY THIRD PARTIES, IN SUCH MANNER AS TO ASSURE THAT ALL
END-USE DELIVERY CUSTOMERS, REGARDLESS OF THE ENTITY FROM WHICH THEY
PURCHASE THEIR ELECTRIC AND/OR NATURAL GAS COMMODITIES, BEAR A FAIR AND
PROPORTIONATE SHARE OF THE ASSESSMENT IMPOSED HEREIN, AS THE COMMISSION
MAY DETERMINE.
(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 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 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 expenses to be assessed against such utili-
ty 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 expenses [of the depart-
ment and the commission]. 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
compute the actual costs and expenses of the department and the commis-
sion AND ADJUSTMENTS OR OTHER CORRECTIONS AS NEEDED for the preceding
S. 59--B 57 A. 159--B
state fiscal year and, after deducting the amounts recovered pursuant to
subdivisions three and four of this section, shall, on or before October
twentieth, send to each public utility company affected thereby a state-
ment 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 follow-
ing 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.
NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, FOR
TELEPHONE CORPORATIONS AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION
TWO OF THIS ARTICLE, THE TOTAL AMOUNT WHICH MAY BE CHARGED SUCH CORPO-
RATIONS FOR DEPARTMENT EXPENSES UNDER THE AUTHORITY OF SUBDIVISION ONE
OF THIS SECTION FOR ANY STATE FISCAL YEAR SHALL NOT EXCEED ONE-THIRD OF
ONE PERCENTUM OF SUCH CORPORATION'S GROSS OPERATING REVENUE, OVER AND
ABOVE FIVE HUNDRED THOUSAND DOLLARS, DERIVED FROM INTRASTATE UTILITY
OPERATIONS IN THE LAST PRECEDING CALENDAR YEAR, OR OTHER TWELVE MONTH
PERIOD AS DETERMINED BY THE CHAIRMAN.
S 3. 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 4. 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 THE STATE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND
NINE AND FOUR STATE FISCAL YEARS THEREAFTER, A TEMPORARY ANNUAL ASSESS-
MENT (HEREINAFTER "TEMPORARY STATE ENERGY AND UTILITY SERVICE CONSERVA-
TION ASSESSMENT") IS HEREBY IMPOSED ON PUBLIC UTILITY COMPANIES (INCLUD-
ING 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
(HEREINAFTER SUCH PUBLIC UTILITY COMPANIES, CORPORATIONS, AND PERSONS
ARE REFERRED TO 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;
PROVIDED, HOWEVER, THAT SUCH ASSESSMENT SHALL NOT BE IMPOSED UPON TELE-
PHONE CORPORATIONS AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION TWO OF
THIS ARTICLE.
(B) THE TEMPORARY STATE ENERGY AND UTILITY SERVICE CONSERVATION
ASSESSMENT SHALL BE EQUAL TO TWO PERCENTUM OF THE UTILITY ENTITY'S GROSS
OPERATING REVENUES DERIVED FROM INTRASTATE UTILITY OPERATIONS IN THE
LAST PRECEDING CALENDAR YEAR, MINUS THE AMOUNT, IF ANY, THAT SUCH UTILI-
TY ENTITY IS ASSESSED PURSUANT TO SUBDIVISIONS ONE AND TWO OF THIS
S. 59--B 58 A. 159--B
SECTION FOR THE CORRESPONDING STATE FISCAL YEAR PERIOD. WITH RESPECT TO
THE LONG ISLAND POWER AUTHORITY, THE TEMPORARY 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 TEMPORARY STATE ENERGY AND UTILITY SERVICE CONSERVATION
ASSESSMENT PROVIDED FOR UNDER THIS SUBDIVISION. UTILITY ENTITIES WHOSE
GROSS OPERATING REVENUES FROM INTRASTATE UTILITY OPERATIONS ARE FIVE
HUNDRED THOUSAND DOLLARS OR LESS IN THE PRECEDING CALENDAR YEAR SHALL
NOT BE SUBJECT TO THE TEMPORARY STATE ENERGY AND UTILITY SERVICE CONSER-
VATION ASSESSMENT. THE MINIMUM TEMPORARY 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 TEMPORARY 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 SUBDI-
VISION.
(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) FOR THE PURPOSES OF CALCULATING THE COMMODITY COST COMPONENT OF
ITS GROSS OPERATING REVENUE, WHERE THE UTILITY DELIVERS TO END-USE
CUSTOMERS ELECTRICITY AND/OR NATURAL GAS COMMODITIES THAT ARE SOLD TO
SUCH CUSTOMERS BY A THIRD PARTY, SUCH UTILITY SHALL INCLUDE IN ITS
REVENUES AN ESTIMATE OF THE SALES REVENUE FOR THE ELECTRIC AND/OR
NATURAL GAS COMMODITIES THAT IT DELIVERS, INCLUDING ALL SUCH COMMODITIES
SOLD TO END-USE CUSTOMERS BY THIRD PARTIES, IN SUCH MANNER AS TO ASSURE
THAT ALL END-USE DELIVERY CUSTOMERS, REGARDLESS OF THE ENTITY FROM WHICH
THEY PURCHASE THEIR ELECTRIC AND/OR NATURAL GAS COMMODITIES, BEAR A FAIR
AND PROPORTIONATE SHARE OF THE ASSESSMENT IMPOSED HEREIN, AS THE COMMIS-
SION MAY DETERMINE.
(F) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL TEMPO-
RARY STATE ENERGY AND UTILITY SERVICE CONSERVATION ASSESSMENT MONIES
COLLECTED AND RECEIVED BY THE DEPARTMENT SHALL BE DEPOSITED TO THE CRED-
IT OF THE COMPTROLLER WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES OR
TRUST COMPANIES AS MAY BE DESIGNATED BY THE COMPTROLLER. SUCH DEPOSITS
S. 59--B 59 A. 159--B
SHALL BE KEPT SEPARATE AND APART FROM ALL OTHER MONIES IN THE POSSESSION
OF THE COMPTROLLER. 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 WHICH A UTILITY ENTITY MAY BE ENTITLED PURSUANT TO PARAGRAPH (G) OF
THIS SUBDIVISION. AFTER RESERVING THE AMOUNT TO PAY REFUNDS, THE COMP-
TROLLER SHALL, ON OR BEFORE THE TENTH DAY OF EACH MONTH, OR MORE
FREQUENTLY AS HE OR SHE MAY DEEM APPROPRIATE, PAY ALL TEMPORARY STATE
ENERGY AND UTILITY SERVICE CONSERVATION ASSESSMENT MONIES COLLECTED AND
RECEIVED UNDER THIS SUBDIVISION AND REMAINING TO THE COMPTROLLER'S CRED-
IT INTO THE STATE GENERAL FUND.
(G) 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.
(H) 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.
S 5. The department of taxation and finance, in consultation with the
department of public service, is hereby authorized and directed to
conduct a study of assessments, fees, and tax rates, and associated
policies of the state of New York, relating to the telecommunications
industry including, but not limited to the cable, satellite and wireless
industries of the state. The results of the study shall be set forth in
a written report made to the governor, the temporary president of the
senate, the speaker of the assembly, the minority leader of the senate
and the minority leader of the assembly on or before October 1, 2009.
S 6. This act shall take effect immediately; provided, however, that
subdivision 6 of section 18-a of the public service law, as added by
section four of this act shall take effect April 1, 2009 and shall
expire and be deemed repealed March 31, 2014; and provided, further,
that if section four of this act shall become law after April 1, 2009,
it shall take effect immediately and shall be deemed to have been in
full force and effect on and after April 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] FOR A FIRST VIOLATION a sum not exceeding [three]
SEVEN hundred and fifty dollars for each violation FOUND TO HAVE BEEN
COMMITTED; AND FOR A SECOND OR SUBSEQUENT VIOLATION NOT ARISING OUT OF
THE SAME INCIDENT BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF THIRTY
MONTHS, A SUM OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION
S. 59--B 60 A. 159--B
FOUND TO HAVE BEEN COMMITTED; PROVIDED, HOWEVER, THE PENALTY FOR EACH
AND ANY VIOLATION OF PARAGRAPH THREE OF SUBDIVISION (E) OF THIS SECTION
FOUND TO HAVE BEEN COMMITTED SHALL BE NO LESS THAN THREE HUNDRED AND
FIFTY DOLLARS AND NO MORE THAN ONE THOUSAND DOLLARS, and upon the fail-
ure 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 certi-
fied inspector, 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 certificate of such certified inspector or may suspend the same
for such period as may be determined. 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
commissioner in a civil action in the name of the commissioner. In addi-
tion, 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 commis-
sioner 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 amended by chapter 634 of the laws of 1980, is
amended to read as follows:
(b) Such penalty FOR A FIRST VIOLATION shall be in a sum not exceeding
[three] SEVEN hundred fifty dollars for each violation FOUND TO HAVE
BEEN COMMITTED, AND FOR A SECOND OR SUBSEQUENT VIOLATION NOT ARISING OUT
OF THE SAME INCIDENT BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF
THIRTY MONTHS, BE IN A SUM OF NOT MORE THAN ONE THOUSAND DOLLARS FOR
EACH VIOLATION FOUND TO HAVE BEEN COMMITTED; PROVIDED, HOWEVER, THE
PENALTY FOR EACH AND ANY VIOLATION OF PARAGRAPH (G) OF SUBDIVISION ONE
OF THIS SECTION FOUND TO HAVE BEEN COMMITTED SHALL BE NO LESS THAN THREE
HUNDRED AND FIFTY DOLLARS AND NO MORE THAN ONE THOUSAND DOLLARS, except
that if a finding of financial loss has been made pursuant to subdivi-
sion 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] FOR A FIRST VIOLATION a sum not exceeding
one thousand dollars for each violation FOUND TO HAVE BEEN COMMITTED;
AND FOR A SECOND OR SUBSEQUENT VIOLATION NOT ARISING OUT OF THE SAME
INCIDENT BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF THIRTY MONTHS,
A SUM OF NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH
VIOLATION FOUND TO HAVE BEEN COMMITTED; PROVIDED, HOWEVER, THE PENALTY
FOR EACH AND ANY VIOLATION OF PARAGRAPH C OF SUBDIVISION NINE OF THIS
SECTION FOUND TO HAVE BEEN COMMITTED SHALL BE NO LESS THAN THREE HUNDRED
AND FIFTY DOLLARS AND NO MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS,
except that if a finding of financial loss has been made pursuant to
S. 59--B 61 A. 159--B
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 commissioner 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 and shall apply only to violations occurring on and
after such date.
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]. 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 hundred dollars. The provisions of
this paragraph shall not apply to a temporary suspension pending a hear-
ing, 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 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:
S. 59--B 62 A. 159--B
(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 OF 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 such effective date, and
provided that sections two and three of this act shall apply only to
suspensions issued on or after such effective 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
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
S. 59--B 63 A. 159--B
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. Subdivision 4 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:
4. (a) Monies which are appropriated and received each year by the
state as a portion of the negotiated percentage of the net drop from
electronic gaming devices the state receives in relation to the opera-
tion of a gaming facility in the city of Niagara Falls, county of
Niagara which subdivision three of this section requires to be a minimum
of twenty-five percent, shall be budgeted and disbursed by the city of
Niagara Falls [and the county of Niagara] in the following manner:
(i) seventy-five percent of the total annual amount received shall be
available for expenditure by the city of Niagara Falls for such public
purposes as are determined, by the city, to be necessary and desirable
to accommodate and enhance economic development, neighborhood revitali-
zation, public health and safety, and infrastructure improvement in the
city, shall be deposited into the tribal revenue account of the city and
any and all interest and income derived from the deposit and investment
of such monies shall be deposited into the general operating fund of the
city; and
(ii) the remaining twenty-five percent of the total annual amount
received shall be allocated for the [county] CITY of Niagara FALLS to be
available for expenditure in the following manner:
(1) within thirty-five days upon receipt of such funds by such city,
five and one-half percent of the total annual amount received in each
year, not to exceed seven hundred fifty thousand dollars annually, shall
be transferred [to the county treasurer for disbursement, within five
business days of receipt by the county treasurer,] to Niagara Falls
memorial medical center to be used for capital construction projects;
and
(2) within thirty-five days upon receipt of such funds by such city,
five and one-half percent of the total annual amount received in each
year, not to exceed seven hundred fifty thousand dollars annually, shall
be transferred to the Niagara Falls city school district for capital
construction projects; and
(3) within thirty-five days upon receipt of such funds by such city,
[seven] SIX percent in each year shall be transferred to the Niagara
tourism and convention center corporation for marketing and tourism
promotion in the county of Niagara including the city of Niagara Falls;
and
(4) an amount equal to the lesser of one million dollars or seven
percent of the total amount in each year shall be transferred to the
CITY OF Niagara [county industrial development agency] FALLS and held in
an escrow account maintained by the CITY OF Niagara [county industrial
development agency] FALLS and, if additional funding has been secured by
the Niagara frontier transportation authority to finance construction of
S. 59--B 64 A. 159--B
a new terminal at Niagara Falls, such amount held in escrow shall be
transferred to the Niagara frontier transportation authority for such
purpose provided however that if such additional funding has not been
secured or construction of a new terminal has not commenced within two
years of the date which such monies were received by the CITY OF Niagara
[county industrial development agency] FALLS such amounts held in escrow
by the CITY OF Niagara [county industrial development agency] FALLS
shall be distributed pursuant to subparagraph (iii) of this paragraph;
and
(5) WITHIN THIRTY-FIVE DAYS UPON RECEIPT OF SUCH FUNDS BY SUCH CITY,
ONE PERCENT OR THREE HUNDRED FIFTY THOUSAND DOLLARS, WHICHEVER IS GREAT-
ER, OF THE TOTAL ANNUAL AMOUNT RECEIVED IN EACH YEAR SHALL BE TRANS-
FERRED TO THE NIAGARA FALLS UNDERGROUND RAILROAD HERITAGE COMMISSION,
ESTABLISHED PURSUANT TO ARTICLE FORTY-THREE OF THE PARKS, RECREATION AND
HISTORIC PRESERVATION LAW TO BE USED FOR, BUT NOT LIMITED TO, DEVELOP-
MENT, CAPITAL IMPROVEMENTS, ACQUISITION OF REAL PROPERTY, AND ACQUISI-
TION OF PERSONAL PROPERTY WITHIN THE HERITAGE AREA IN THE CITY OF
NIAGARA FALLS AS ESTABLISHED PURSUANT TO THE COMMISSION; AND
(iii) all other monies appropriated or received for distribution
pursuant to this subdivision after the transfer of money pursuant to
this subparagraph and subparagraphs (i) and (ii) of this paragraph in
each year shall be allocated to the [county of Niagara for economic
development including but not limited to: marketing, tourism and devel-
opment to facilitate private investment and private sector job creation
in the county of Niagara including the] city of Niagara Falls FOR
INFRASTRUCTURE AND ROAD IMPROVEMENT PROJECTS.
(b) On or before the first of April, each entity receiving moneys
pursuant to subparagraphs (i), (ii) and (iii) of paragraph (a) of this
subdivision, shall annually submit a report to the governor, temporary
president of the senate, speaker of the assembly, [the Niagara county
manager,] mayor of the city of Niagara Falls and leader of the city
council of the city of Niagara Falls. Each such report shall include an
accounting of all moneys received by such entity pursuant to paragraph
(a) of this subdivision and the expenditure of any such moneys.
(c) Notwithstanding any other provision of law to the contrary, fail-
ure by the city of Niagara Falls to disburse funds as such city is
required pursuant to clauses one, two, three and four of subparagraph
(ii) of paragraph (a) of this subdivision within thirty-five days of the
actual receipt of the funds or the submission of the subentity expendi-
ture report due by April first of each year, which ever is later, shall
result in an additional payment by the city of Niagara Falls of one-half
percent per week not to exceed eighteen percent of the amount which was
to have been disbursed pursuant to such [subparagraphs] CLAUSES. Any
such additional payment required to be made by the city shall be
disbursed from the city's seventy-five percent share described in
subparagraph (i) of paragraph (a) of this subdivision.
(d) [Notwithstanding any other provision of law to the contrary, fail-
ure by the county of Niagara to disburse funds as such county is
required pursuant to clause one of subparagraph (ii) of paragraph (a) of
this subdivision within five business days of the actual receipt of the
funds or the submission of the subentity expenditure report due by April
first of each year, which ever is later, shall result in an additional
payment by the county of Niagara of one-half percent per week not to
exceed eighteen percent of the amount which was to have been disbursed
pursuant to such subparagraphs. Any such additional payment required to
S. 59--B 65 A. 159--B
be made by the county shall be disbursed from the county's share
described in subparagraph (iii) of paragraph (a) of this subdivision.
(e)] In the event that any monies to be distributed pursuant to claus-
es one, three and four of subparagraph (ii) of paragraph (a) of this
subdivision cannot, for any reason, be received or utilized, such monies
shall be distributed to THE CITY OF Niagara [county] FALLS for economic
development projects within such [county] CITY.
[(f) In the event that any monies to be distributed pursuant to clause
two of subparagraph (ii) of paragraph (a) of this subdivision cannot for
any reason, be received or utilized, such monies shall be distributed to
the city of Niagara Falls for economic development projects within such
city.]
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2009; provided
further, that the amendments to subdivisions 3 and 4 of section 99-h of
the state finance law made by sections one and two 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 31, 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--B 66 A. 159--B
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. "WATER" MEANS ANY BEVERAGE IDENTIFIED THROUGH
THE USE OF LETTERS, WORDS OR SYMBOLS ON ITS PRODUCT LABEL AS A TYPE OF
WATER, INCLUDING ANY FLAVORED WATER OR NUTRITIONALLY ENHANCED WATER,
PROVIDED, HOWEVER, THAT "WATER" DOES NOT INCLUDE ANY BEVERAGE IDENTIFIED
AS A TYPE OF WATER TO WHICH A SUGAR HAS BEEN ADDED.
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 and 13 are added to read
as follows:
2-A. "BOTTLER" MEANS A PERSON, FIRM OR CORPORATION WHO:
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.
S. 59--B 67 A. 159--B
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 ENCOD-
ING 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 EAN AND
OTHER CODES THAT MAY BE USED TO IDENTIFY A PRODUCT.
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:
1. (A) 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.
(B) BEGINNING MARCH FIRST, TWO THOUSAND TEN, A DEALER WHOSE PLACE OF
BUSINESS IS PART OF A CHAIN ENGAGED IN THE SAME GENERAL FIELD OF BUSI-
NESS WHICH OPERATES TEN OR MORE UNITS IN THIS STATE UNDER COMMON OWNER-
SHIP AND WHOSE BUSINESS EXCEEDS: (I) FORTY THOUSAND SQUARE FEET BUT IS
LESS THAN SIXTY THOUSAND SQUARE FEET SHALL INSTALL AND MAINTAIN AT LEAST
THREE REVERSE VENDING MACHINES AT THE DEALER'S PLACE OF BUSINESS; (II)
SIXTY THOUSAND SQUARE FEET BUT IS LESS THAN EIGHTY-FIVE THOUSAND SQUARE
FEET SHALL INSTALL AND MAINTAIN AT LEAST FOUR REVERSE VENDING MACHINES
AT THE DEALER'S PLACE OF BUSINESS; OR (III) EIGHTY-FIVE THOUSAND SQUARE
FEET SHALL INSTALL AND MAINTAIN AT LEAST EIGHT REVERSE VENDING MACHINES
AT THE DEALER'S PLACE OF BUSINESS; PROVIDED, HOWEVER, THAT THE REQUIRE-
MENTS OF THIS PARAGRAPH TO INSTALL AND MAINTAIN REVERSE VENDING MACHINES
SHALL NOT APPLY TO A DEALER THAT SELLS ONLY REFRIGERATED BEVERAGE
CONTAINERS OF TWENTY OUNCES OR LESS WHERE EACH BEVERAGE CONTAINER IS
SOLD AS AN INDIVIDUAL CONTAINER THAT IS NOT CONNECTED TO OR PACKAGED
WITH ANY OTHER BEVERAGE CONTAINER.
S. 59--B 68 A. 159--B
(C) A DEALER TO WHICH PARAGRAPH (B) OF THIS SUBDIVISION DOES NOT APPLY
AND WHOSE PLACE OF BUSINESS IS AT LEAST FORTY THOUSAND SQUARE FEET WHICH
DOES NOT UTILIZE REVERSE VENDING MACHINES TO PROCESS EMPTY BEVERAGE
CONTAINERS FOR REDEMPTION SHALL: (I) ESTABLISH AND MAINTAIN A DEDICATED
AREA WITHIN SUCH BUSINESS TO ACCEPT BEVERAGE CONTAINERS FOR REDEMPTION;
(II) ADEQUATELY STAFF SUCH AREA TO FACILITATE EFFICIENT ACCEPTANCE AND
PROCESSING OF SUCH CONTAINERS DURING BUSINESS HOURS; AND (III) 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 BEVERAGE CONTAINERS
BY SUCH DEALERS.
(D) FOR THE PURPOSES OF THIS SUBDIVISION 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, THE NEW YORK STATE
DEPARTMENT OF AGRICULTURE AND MARKETS, THE NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE, THE NEW YORK STATE ATTORNEY GENERAL AND/OR BY YOUR
LOCAL GOVERNMENT."
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, 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
S. 59--B 69 A. 159--B
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; AND
(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; AND
(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 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, AND SHALL PAY THE DEALER OR OPERATOR OF A REDEMPTION
CENTER THE REFUND VALUE OF EACH SUCH BEVERAGE CONTAINER AS ESTABLISHED
BY SECTION 27-1005 OF THIS TITLE. A DEPOSIT INITIATOR SHALL ACCEPT AND
REDEEM ALL SUCH EMPTY BEVERAGE CONTAINERS FROM A DEALER OR REDEMPTION
CENTER WITHOUT LIMITATION 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 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 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 CONTAINERS FOR TRANSPORT BACK TO THE DEPOSIT
INITIATOR OR ITS DESIGNEE. PAYMENT OF THE HANDLING FEE MAY NOT BE CONDI-
TIONED 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
S. 59--B 70 A. 159--B
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 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
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
S. 59--B 71 A. 159--B
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. 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 MONIES IN
THE POSSESSION OF THE DEPOSIT INITIATOR. THE COMMISSIONER OF TAXATION
AND FINANCE MAY SPECIFY A SYSTEM OF ACCOUNTS AND RECORDS TO BE MAIN-
TAINED WITH RESPECT TO ACCOUNTS ESTABLISHED UNDER THIS SUBDIVISION.
2. PAYMENTS OF REFUND VALUES PURSUANT TO SECTION 27-1007 OF THIS TITLE
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;
S. 59--B 72 A. 159--B
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.
4. A. QUARTERLY PAYMENTS. AN AMOUNT EQUAL TO EIGHTY PERCENT OF 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. THE COMMISSIONER OF TAXATION AND FINANCE MAY
REQUIRE THAT THE PAYMENTS BE MADE ELECTRONICALLY. THE REMAINING TWENTY
PERCENT OF THE BALANCE OUTSTANDING AT THE CLOSE OF EACH QUARTER SHALL BE
THE MONIES OF THE DEPOSIT INITIATOR AND MAY BE WITHDRAWN FROM SUCH
ACCOUNT BY THE DEPOSIT INITIATOR. 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. A DEPOSIT INITIATOR MUST APPLY FOR A REFUND NO LATER THAN
TWELVE MONTHS AFTER THE DUE DATE FOR FILING THE QUARTERLY REPORT FOR THE
QUARTERLY PERIOD FOR WHICH THE REFUND CLAIM IS MADE. NO INTEREST SHALL
BE PAYABLE FOR ANY REFUND PAID PURSUANT TO THIS PARAGRAPH.
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 EIGHTY PERCENT OF ALL AMOUNTS REMAINING IN THE REFUND VALUE ACCOUNT
AS OF THE CLOSE OF THE DEPOSIT INITIATOR'S LAST DAY OF BUSINESS. THE
COMMISSIONER OF TAXATION AND FINANCE MAY REQUIRE THAT THE PAYMENTS BE
MADE ELECTRONICALLY. THE DEPOSIT INITIATOR SHALL INDICATE 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 INITI-
ATOR PAYS OUT MORE IN REFUND VALUES THAN IT COLLECTS IN SUCH FINAL QUAR-
TERLY PERIOD, 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.
5. ALL MONIES COLLECTED OR RECEIVED BY THE DEPARTMENT OF TAXATION AND
FINANCE PURSUANT TO THIS TITLE SHALL BE DEPOSITED TO THE CREDIT OF THE
COMPTROLLER WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES OR TRUST COMPA-
NIES AS MAY BE DESIGNATED BY THE COMPTROLLER. 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 INITIATOR MAY BE ENTITLED. AFTER RESERVING
S. 59--B 73 A. 159--B
THE AMOUNT TO PAY REFUNDS, THE COMPTROLLER MUST, BY THE TENTH DAY OF
EACH MONTH, PAY INTO THE STATE TREASURY TO THE CREDIT OF THE GENERAL
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.
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 BEFORE
APRIL FIRST, TWO THOUSAND NINE, MUST APPLY BY JUNE FIRST, TWO THOUSAND
NINE TO THE COMMISSIONER OF TAXATION AND FINANCE FOR REGISTRATION AS A
DEPOSIT INITIATOR. ANY PERSON WHO BECOMES A DEPOSIT INITIATOR ON OR
AFTER APRIL FIRST, TWO THOUSAND NINE SHALL APPLY FOR REGISTRATION PRIOR
TO COLLECTING 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 ADMINISTRATION OF THIS TITLE. THE COMMISSIONER OF TAXATION AND
FINANCE MAY REQUIRE THAT APPLICATIONS FOR REGISTRATION MUST BE SUBMITTED
ELECTRONICALLY. THE COMMISSIONER OF TAXATION AND FINANCE SHALL ELEC-
TRONICALLY 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 CERTIF-
ICATE. A REGISTRATION 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 OF TAXATION AND FINANCE. THE COMMISSIONER OF TAXATION
AND FINANCE SHALL FURNISH TO THE COMMISSIONER A COMPLETE LIST OF REGIS-
TERED DEPOSIT INITIATORS AND SHALL CONTINUALLY UPDATE SUCH LIST AS
WARRANTED. THE COMMISSIONER SHALL SHARE ANY INFORMATION WITH THE COMMIS-
SIONER 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 HE OR SHE HAS DETERMINED OR HAS BEEN INFORMED BY THE
COMMISSIONER THAT ANY OF THE PROVISIONS OF THIS TITLE OR RULES AND REGU-
LATIONS 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-
S. 59--B 74 A. 159--B
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 DEPOSIT INITIATOR, BOTTLER, DISTRIBUTOR,
DEALER OR REDEMPTION CENTER AS SUCH COMMISSIONER MAY DEEM APPROPRIATE
FOR THE ADMINISTRATION OF THIS SECTION. SUCH COMMISSIONER MAY MAKE EXAM-
INATIONS, 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
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".
S. 59--B 75 A. 159--B
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.
12. BEGINNING ON JUNE FIRST, TWO THOUSAND NINE EACH DEPOSIT INITIATOR
SHALL REGISTER THE CONTAINER LABEL OF ANY BEVERAGE OFFERED FOR SALE IN
THE STATE ON WHICH IT INITIATES A DEPOSIT. ANY SUCH REGISTERED CONTAINER
LABEL SHALL BEAR A UNIVERSAL PRODUCT CODE. SUCH UNIVERSAL PRODUCT CODE
SHALL BE NEW YORK STATE SPECIFIC, IN ORDER TO IDENTIFY THE BEVERAGE
CONTAINER AS OFFERED FOR SALE EXCLUSIVELY IN NEW YORK STATE, AND AS A
MEANS OF PREVENTING ILLEGAL REDEMPTION OF BEVERAGE CONTAINERS PURCHASED
OUT-OF-STATE. REGISTRATION MUST BE ON FORMS AS PRESCRIBED BY THE
DEPARTMENT AND MUST INCLUDE THE UNIVERSAL PRODUCT CODE FOR EACH COMBINA-
TION OF BEVERAGE AND CONTAINER MANUFACTURED. THE COMMISSIONER MAY
REQUIRE THAT SUCH FORMS BE FILED ELECTRONICALLY. THE DEPOSIT INITIATOR
SHALL RENEW A LABEL REGISTRATION WHENEVER THAT LABEL IS REVISED BY
ALTERING THE UNIVERSAL PRODUCT CODE OR WHENEVER THE CONTAINER ON WHICH
IT APPEARS IS CHANGED IN SIZE, COMPOSITION OR GLASS COLOR.
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 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
S. 59--B 76 A. 159--B
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, and an additional 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, 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 WILLFULLY TENDERS TO A DEALER, DISTRIBUTOR, REDEMP-
TION CENTER OR DEPOSIT INITIATOR MORE THAN FORTY-EIGHT EMPTY BEVERAGE
CONTAINERS FOR WHICH SUCH PERSON KNOWS OR SHOULD REASONABLY KNOW THAT NO
DEPOSIT WAS 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." ANY CIVIL PENALTY MAY BE ASSESSED
FOLLOWING A HEARING OR OPPORTUNITY TO BE HEARD.
5. THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE
DEPARTMENT OF TAXATION AND FINANCE AND THE ATTORNEY GENERAL ARE HEREBY
AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS TITLE. IN ADDITION, THE
PROVISIONS OF SECTION 27-1005 OF THIS TITLE AND SUBDIVISIONS ONE, TWO,
THREE, FOUR, FIVE, TEN AND ELEVEN OF SECTION 27-1007 OF THIS TITLE MAY
BE ENFORCED BY A COUNTY, CITY, TOWN OR VILLAGE AND THE LOCAL LEGISLATIVE
BODY THEREOF MAY ADOPT LOCAL LAWS, ORDINANCES OR REGULATIONS CONSISTENT
WITH THIS TITLE PROVIDING FOR THE ENFORCEMENT OF SUCH PROVISIONS.
S. 59--B 77 A. 159--B
S 12. The environmental conservation law is amended by adding a new
section 27-1016 to read as follows:
S 27-1016. PUBLIC EDUCATION.
THE COMMISSIONER SHALL ESTABLISH A PUBLIC EDUCATION PROGRAM TO DISSEM-
INATE INFORMATION REGARDING IMPLEMENTATION OF THIS TITLE. SUCH INFORMA-
TION 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; PUBLICATION OF INFORMATION SPECIFYING THE PROCEDURES
NECESSARY TO ESTABLISH A REDEMPTION CENTER AS PROVIDED IN SECTION
27-1013 OF THIS TITLE, INCLUDING INFORMATION REGARDING FINANCIAL ASSIST-
ANCE AVAILABLE FOR THE ESTABLISHMENT OF REDEMPTION CENTERS AS PROVIDED
IN SECTION 27-1018 OF THIS TITLE; PUBLICATION OF INFORMATION DELINEATING
THE RELEVANT RIGHTS AND RESPONSIBILITIES OF DEPOSIT INITIATORS, DISTRIB-
UTORS, DEALERS, REDEMPTION CENTERS AND REDEEMERS UNDER THE PROVISIONS OF
THIS TITLE; PUBLICATION 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. 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, BUSINESSES AND NOT-FOR-PROFIT
ORGANIZATIONS LOCATED IN THE STATE FOR THE COST OF REVERSE VENDING
MACHINES LOCATED OR TO BE LOCATED IN THE STATE. SUCH STATE ASSISTANCE
PAYMENTS SHALL NOT EXCEED FIFTY PERCENT OF THE COSTS OF EQUIPMENT,
AND/OR THE ACQUISITION AND/OR REHABILITATION OF REAL PROPERTY OR STRUC-
TURES LOCATED OR TO BE LOCATED IN THE STATE RELATED TO THE COLLECTING,
SORTING, AND PACKAGING OF EMPTY BEVERAGE CONTAINERS SUBJECT TO THE
PROVISIONS OF THIS TITLE. SUCH PAYMENTS MAY 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 AND BUSINESSES SHALL MEAN A DEALER,
DISTRIBUTOR OR REDEMPTION CENTER AS DEFINED IN THIS TITLE THAT EMPLOYS
LESS THAN FIFTY EMPLOYEES.
S 14. 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:
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.
S. 59--B 78 A. 159--B
THE TERM "ELIGIBLE PROJECT" SHALL ALSO INCLUDE ACTIONS TAKEN BY OR ON
BEHALF OF A BUSINESS TO SUPPORT COSTS OF EQUIPMENT, AND/OR THE ACQUISI-
TION AND/OR REHABILITATION OF REAL PROPERTY OR STRUCTURES LOCATED OR TO
BE LOCATED IN THE STATE RELATED TO THE COLLECTING, SORTING, AND PACKAG-
ING OF EMPTY BEVERAGE CONTAINERS AS SUCH TERMS ARE DEFINED IN TITLE TEN
OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW. SUCH
ACTIONS SHALL BE ELIGIBLE FOR STATE ASSISTANCE PAYMENTS UNDER THE BEVER-
AGE CONTAINER ASSISTANCE PROGRAM PURSUANT TO SECTION 27-1018 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 15. Subdivisions 1 and 4 of section 54-0701 of the environmental
conservation law, subdivision 1 as amended by chapter 146 of the laws of
2000, subdivision 4 as added by chapter 610 of the laws of 1993, are
amended to read as follows:
1. "Cost" means the capital cost of a municipal recycling project
including engineering and architectural services, surveys, plans and
specifications; consultant and legal services; lands acquired pursuant
to the conditions set forth in section 54-0709 of this title, and other
direct capital expenses incident to such a project, less any federal
assistance or other assistance received or to be received. "Cost" shall
also include the capital, planning and promotional costs associated with
waste reduction projects, the costs related to household hazardous waste
collection and disposal programs, and the costs related to planning,
educational and promotional activities associated with a recyclables
recovery program. "COST" SHALL ALSO INCLUDE BEVERAGE CONTAINER ASSIST-
ANCE PROGRAM GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT ORGANIZATIONS
PURSUANT TO SECTION 27-1018 OF THIS CHAPTER. Provided, however, "cost"
shall exclude any cost incurred prior to April first, nineteen hundred
ninety-three, and shall further exclude costs related to planning,
educational and promotional activities associated with a recyclables
recovery program incurred prior to April first, two thousand.
4. "Recycling project" means recyclables recovery equipment, source
separation equipment, a recyclables recovery program or any combination
thereof required by a recyclables recovery program AND THE REIMBURSEMENT
TO MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS, AS SUCH TERMS ARE
DEFINED IN SECTION 54-0101 OF THIS ARTICLE, FOR THE COST OF A REDEMPTION
CENTER AS DEFINED IN SECTION 27-1003 OF THIS CHAPTER.
S 16. This act shall take effect immediately, provided however, that:
1. sections two and three of this act shall take effect April 1, 2009;
2. sections four, five, six, seven, nine, and eleven of this act shall
take effect June 1, 2009; and
3. section eight of this act shall take effect on April 1, 2009 except
that 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 April 1, 2009, shall
first apply to the period beginning on April 15, 2009 and ending May 31,
2009, and with respect to all other beverage containers shall first
apply to the period beginning on June 1, 2009 and ending August 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-
S. 59--B 79 A. 159--B
mental conservation law, as added by section four of this act until June
1, 2009. However, no refunds shall be paid to a deposit initiator
pursuant to paragraph b of subdivision 4 of section 27-1012 of the envi-
ronmental conservation law, as added by section eight of this act prior
to March 1, 2010.
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.
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. 59--B 80 A. 159--B
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 VV
Section 1. 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 2. 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 SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR A SIMI-
LAR 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 FOR COMPENSATION IN THE PRECEDING
CALENDAR YEAR AND WILL PREPARE AT LEAST ONE RETURN FOR COMPENSATION
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) "CREDITOR" MEANS ANY PERSON WHO MAKES A REFUND ANTICIPATION LOAN
OR WHO TAKES AN ASSIGNMENT OF A REFUND ANTICIPATION LOAN.
(6) "FACILITATOR" MEANS A PERSON WHO INDIVIDUALLY OR IN CONJUNCTION OR
COOPERATION WITH ANOTHER PERSON: (A) SOLICITS THE EXECUTION OF, PROC-
ESSES, RECEIVES, OR ACCEPTS AN APPLICATION OR AGREEMENT FOR A REFUND
ANTICIPATION LOAN OR REFUND ANTICIPATION CHECK, (B) SERVES OR COLLECTS
UPON A REFUND ANTICIPATION LOAN OR REFUND ANTICIPATION CHECK; OR (C) IN
ANY OTHER MANNER FACILITATES THE MAKING OF A REFUND ANTICIPATION LOAN OR
REFUND ANTICIPATION CHECK. THIS TERM EXCLUDES ANY EMPLOYEES OF A FACILI-
TATOR WHO PROVIDE ONLY CLERICAL OR OTHER COMPARABLE SUPPORT SERVICES TO
SUCH FACILITATOR.
S. 59--B 81 A. 159--B
(7) "ELECTRONIC" MEANS COMPUTER TECHNOLOGY.
(8) "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.
(9) "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.
(10) "REFUND ANTICIPATION CHECK" MEANS A CHECK, STORED VALUE CARD, OR
OTHER PAYMENT MECHANISM WHICH: (A) REPRESENTS THE PROCEEDS OF A TAX
REFUND; (B) WAS ISSUED BY A DEPOSITORY INSTITUTION OR OTHER PERSON THAT
RECEIVED A DIRECT DEPOSIT OF THE TAX REFUND OR TAX CREDITS; AND (C) A
FEE OR OTHER CONSIDERATION IS PAID FOR SUCH PAYMENT MECHANISM.
(11) "REFUND ANTICIPATION LOAN" MEANS A LOAN THAT IS SECURED BY OR
THAT THE CREDITOR ARRANGES TO BE REPAID DIRECTLY OR INDIRECTLY FROM THE
PROCEEDS OF AN INCOME TAX REFUND OR TAX CREDITS. A REFUND ANTICIPATION
LOAN ALSO INCLUDES ANY SALE, ASSIGNMENT, OR PURCHASE OF TAX REFUND AT A
DISCOUNT OR FOR A FEE, WHETHER OR NOT THE AMOUNT IS REQUIRED TO BE
REPAID TO THE BUYER OR ASSIGNEE IF THE INTERNAL REVENUE SERVICE OR THE
DEPARTMENT DENIES OR REDUCES THE AMOUNT OF THE TAX REFUND.
(12) "RETURN" MEANS A RETURN OR REPORT RELATING TO A TAX ADMINISTERED
BY THE COMMISSIONER.
(13) "TAX" MEANS ANY TAX, FEE, SPECIAL ASSESSMENT OR OTHER IMPOSITION
ADMINISTERED BY THE COMMISSIONER.
(14) "TAX RETURN PREPARER" MEANS AN INDIVIDUAL WHO PREPARES A SUBSTAN-
TIAL PORTION OF ANY RETURN FOR COMPENSATION. ENROLLED AGENTS OR EMPLOY-
EES OF A TAX RETURN PREPARER OR A COMMERCIAL TAX RETURN PREPARATION
BUSINESS WHO PREPARE RETURNS FOR CLIENTS OF THAT PREPARER OR PREPARATION
BUSINESS, 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 ATTORNEYS, PUBLIC
ACCOUNTANTS, AND CERTIFIED PUBLIC ACCOUNTANTS, WHO ARE REGISTERED WITH
OR LICENSED BY THE STATE, AND EMPLOYEES PREPARING RETURNS UNDER THE
SUPERVISION OF SUCH ATTORNEYS, PUBLIC ACCOUNTANTS, AND CERTIFIED PUBLIC
ACCOUNTANTS. ALSO EXCLUDED ARE VOLUNTEER TAX PREPARERS, EMPLOYEES OF A
BUSINESS OR PARTNERS IN A PARTNERSHIP WHOSE JOB RESPONSIBILITIES INCLUDE
PREPARATION OF ONLY THE BUSINESS' OR PARTNERSHIP'S RETURNS, AND EMPLOY-
EES OF A TAX RETURN PREPARER OR A COMMERCIAL TAX RETURN PREPARATION
BUSINESS WHO PROVIDES ONLY CLERICAL OR OTHER COMPARABLE SERVICES.
(B)(1) EACH TAX RETURN PREPARER, WHO WILL PREPARE AT LEAST ONE RETURN
IN A CALENDAR YEAR, AND EACH FACILITATOR, WHO WILL FACILITATE THE MAKING
OF A REFUND ANTICIPATION LOAN OR REFUND ANTICIPATION CHECK, MUST REGIS-
TER 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 AND FACILITATOR WILL BE ISSUED A TAX PREPARER OR FACILITATOR
REGISTRATION CERTIFICATE. IF AN INDIVIDUAL ACTS AS BOTH A TAX RETURN
PREPARER AND A FACILITATOR, ONE REGISTRATION CERTIFICATE SHALL INDICATE
BOTH ACTIVITIES.
(B) IN ACCORDANCE WITH INSTRUCTIONS PRESCRIBED BY THE COMMISSIONER,
EACH TAX RETURN PREPARER AND FACILITATOR WILL ALSO BE ASSIGNED A UNIQUE
IDENTIFICATION NUMBER BY THE DEPARTMENT, WHICH MUST BE USED BY THE TAX
RETURN PREPARER AND FACILITATOR ON EACH RETURN WHICH THE TAX RETURN
PREPARER IS REQUIRED TO SIGN AND EACH REFUND ANTICIPATION LOAN AND
REFUND ANTICIPATION CHECK THE FACILITATOR IS REQUIRED TO SIGN.
S. 59--B 82 A. 159--B
(C) IF A TAX RETURN PREPARER OR FACILITATOR IS AN EMPLOYEE OR PROSPEC-
TIVE EMPLOYEE OF A TAX RETURN PREPARER, A COMMERCIAL TAX RETURN PREPARA-
TION BUSINESS, OR A FACILITATOR, THE TAX RETURN PREPARER, COMMERCIAL TAX
RETURN PREPARATION BUSINESS OR FACILITATOR MUST ENSURE THAT THE EMPLOYEE
OR PROSPECTIVE EMPLOYEE IS PROPERLY REGISTERED WITH THE DEPARTMENT AND
POSSESSES A VALID TAX PREPARER OR FACILITATOR REGISTRATION CERTIFICATE.
IF AN INDIVIDUAL ACTS AS BOTH A TAX RETURN PREPARER AND A FACILITATOR
ONE REGISTRATION CERTIFICATE SHALL INDICATE BOTH ACTIVITIES.
(3) EACH REGISTERED TAX RETURN PREPARER AND FACILITATOR MUST ELECTRON-
ICALLY RE-REGISTER WITH THE DEPARTMENT ANNUALLY, IN ACCORDANCE WITH
INSTRUCTIONS PRESCRIBED BY THE COMMISSIONER. IF, AT ANY TIME DURING THE
YEAR FOLLOWING REGISTRATION OR RE-REGISTRATION, AS APPLICABLE, ANY
INFORMATION PROVIDED BY THE TAX RETURN PREPARER OR FACILITATOR UPON
REGISTRATION OR RE-REGISTRATION IS NO LONGER CORRECT, THE TAX RETURN
PREPARER OR FACILITATOR MUST UPDATE HIS OR HER INFORMATION 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 OR FACILITATOR REGISTRATION CERTIF-
ICATE TO PROVIDE TAX PREPARATION SERVICES OR REFUND ANTICIPATION LOAN
SERVICES IS NOT, AND MUST NOT BE ADVERTISED AS, AN ENDORSEMENT BY THE
DEPARTMENT OF THE TAX RETURN PREPARER OR THE FACILITATOR, OR HIS OR HER
QUALIFICATIONS OR THE SERVICES RENDERED BY HIM OR HER.
(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) A TAX RETURN PREPARER OR FACILITATOR SHALL NOT: (A) CHARGE OR
IMPOSE ANY FEE, CHARGE OR OTHER CONSIDERATION IN THE MAKING OR FACILI-
TATING OF A REFUND ANTICIPATION LOAN OR REFUND ANTICIPATION CHECK APART
FROM THE FEE CHARGED BY THE CREDITOR OR BANK THAT PROVIDED THE LOAN OR
CHECK;
(B) ENGAGE IN UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN THE FACILITAT-
ING OF A REFUND ANTICIPATION CHECK OR A REFUND ANTICIPATION LOAN,
INCLUDING MAKING ANY ORAL STATEMENTS CONTRADICTING ANY OF THE INFORMA-
TION REQUIRED TO BE DISCLOSED UNDER THE TAXPAYER BILL OF RIGHTS AS SET
FORTH IN SECTIONS THREE HUNDRED SEVENTY-ONE THROUGH THREE HUNDRED SEVEN-
TY-THREE OF THE GENERAL BUSINESS LAW;
S. 59--B 83 A. 159--B
(C) DIRECTLY OR INDIRECTLY ARRANGE FOR A THIRD PARTY TO CHARGE ANY
INTEREST, FEE OR CHARGE RELATED TO A REFUND ANTICIPATION LOAN OR REFUND
ANTICIPATION CHECK;
(D) INCLUDE ANY OF THE FOLLOWING PROVISIONS IN ANY DOCUMENTS PROVIDED
OR SIGNED TO OBTAIN A REFUND ANTICIPATION LOAN OR REFUND ANTICIPATION
CHECK, INCLUDING THE LOAN APPLICATION OR AGREEMENT: (I) A HOLD HARMLESS
CLAUSE; (II) A CONFESSION OF JUDGMENT CLAUSE; (III) A WAIVER OF THE
RIGHT TO A JURY TRIAL; (IV) ANY ASSIGNMENT OF OR ORDER FOR PAYMENT OF
WAGES OR OTHER COMPENSATION FOR SERVICES; (V) A WAIVER OF ANY PROVISION
OF THE TAXPAYER BILL OF RIGHTS, AS SET FORTH IN SECTIONS THREE HUNDRED
SEVENTY-ONE THROUGH THREE HUNDRED SEVENTY-THREE OF THE GENERAL BUSINESS
LAW; OR (VI) A WAIVER OF THE RIGHT TO INJUNCTIVE, DECLARATORY, OTHER
EQUITABLE RELIEF, OR RELIEF ON A CLASSWIDE BASIS. ANY AFOREMENTIONED
WAIVERS SHALL BE DEEMED NULL, VOID AND OF NO EFFECT;
(E) TAKE OR ARRANGE FOR A CREDITOR TO TAKE A SECURITY INTEREST IN ANY
PROPERTY INTEREST OF THE TAXPAYER OTHER THAN THE PROCEEDS OF THE TAX
REFUND TO SECURE PAYMENT OF A REFUND ANTICIPATION LOAN;
(F) DIRECTLY OR INDIRECTLY, INDIVIDUALLY OR IN CONJUNCTION OR COOPER-
ATION WITH ANOTHER PERSON, ENGAGE IN THE COLLECTION OF AN OUTSTANDING OR
DELINQUENT REFUND ANTICIPATION LOAN FOR ANY CREDITOR OR ASSIGNEE;
(G) REFER, FACILITATE, SOLICIT CONSUMERS OR CONDUCT BUSINESS ON BEHALF
OF, IN CONJUNCTION WITH OR ON THE SAME PREMISES AS A THIRD PARTY ENGAGED
IN CHECK CASHING FOR A FEE;
(H) MAKE A MISREPRESENTATION OF FACT IN OBTAINING OR ATTEMPTING TO
OBTAIN A REGISTRATION; OR
(I) ENGAGE IN ANY OTHER ACTION PROHIBITED BY RULES PROMULGATED BY THE
COMMISSIONER.
(2) IF A TAX RETURN PREPARER VIOLATES ANY ONE OF THE PROVISIONS
PROVIDED FOR IN THIS SUBDIVISION, THEN THE TAX RETURN PREPARER MUST PAY
A PENALTY OF FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION, IN ADDITION
TO ANY OTHER PENALTIES PROVIDED FOR IN THIS SECTION.
(G) (1) IF A TAX RETURN PREPARER OR FACILITATOR IS REQUIRED TO REGIS-
TER 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 OF FACILITATOR MUST PAY A PENALTY OF TWO HUNDRED FIFTY DOLLARS.
PROVIDED, HOWEVER, THAT IF THE TAX RETURN PREPARER OR FACILITATOR
COMPLIES WITH THE REGISTRATION REQUIREMENTS OF THIS SECTION WITHIN NINE-
TY 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 OR FACILITATOR CONTINUES TO FAIL TO REGISTER OR RE-RE-
GISTER AFTER THE NINETY CALENDAR DAY PERIOD, THE TAX RETURN PREPARER OR
FACILITATOR 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 OR FACILITATOR.
(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 ONE OF SUBDIVISION (C) OF THIS SECTION, WITHIN
NINETY CALENDAR DAYS AFTER NOTIFICATION OF THE ASSESSMENT OF THIS PENAL-
S. 59--B 84 A. 159--B
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, OR A FACILITA-
TOR FAILS TO SIGN HIS OR HER NAME TO ANY REFUND ANTICIPATION LOAN OR
REFUND ANTICIPATION CHECK FACILITATION DOCUMENTATION, THEN THE TAX
RETURN PREPARER OR FACILITATOR MUST PAY A PENALTY IN THE AMOUNT OF TWO
HUNDRED FIFTY DOLLARS FOR EACH FAILURE TO SO SIGN. PROVIDED, HOWEVER,
THAT THIS PENALTY CAN BE WAIVED ONLY FOR GOOD CAUSE SHOWN BY THE TAX
RETURN PREPARER OR FACILITATOR.
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, OR ON ANY FACILITATOR WITH RESPECT TO ANY REFUND
ANTICIPATION LOAN OR REFUND ANTICIPATION CHECK FACILITATION DOCUMENTA-
TION COMPLETED DURING ANY CALENDAR YEAR BY THE FACILITATOR MUST NOT
EXCEED TEN THOUSAND DOLLARS. PROVIDED, HOWEVER, THAT IF A TAX RETURN
PREPARER OR FACILITATOR 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 OR AGAIN FAILS
TO SIGN HIS OR HER NAME ON ANY REFUND ANTICIPATION LOAN OR REFUND ANTIC-
IPATION CHECK FACILITATION DOCUMENTATION 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 OR A FACILITATOR FAILS TO INCLUDE THE
UNIQUE IDENTIFICATION NUMBER ASSIGNED BY THE DEPARTMENT PURSUANT TO
SUBPARAGRAPH (B) OF PARAGRAPH TWO OF SUBDIVISION (B) OF THIS SECTION ON
ANY RETURN, OR ANY RETURN ANTICIPATION LOAN OR RETURN ANTICIPATION CHECK
FACILITATION DOCUMENTATION THAT REQUIRES HIS OR HER SIGNATURE, THEN THE
TAX RETURN PREPARER OR FACILITATOR MUST PAY A PENALTY OF ONE HUNDRED
DOLLARS FOR EACH FAILURE TO INCLUDE HIS OR HER UNIQUE IDENTIFICATION
NUMBER. PROVIDED, HOWEVER, THAT THIS PENALTY CAN BE WAIVED ONLY FOR GOOD
CAUSE SHOWN BY THE TAX RETURN PREPARER OR FACILITATOR. THE MAXIMUM
PENALTY IMPOSED UNDER THIS PARAGRAPH ON ANY TAX RETURN PREPARER OR FACI-
LITATOR 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 OR FACILITATOR HAS BEEN PENALIZED UNDER THIS PARA-
GRAPH FOR A PRECEDING CALENDAR YEAR AND AGAIN FAILS TO INCLUDE THE
UNIQUE IDENTIFICATION 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, FACILITATOR OR A COMMERCIAL TAX RETURN
PREPARATION BUSINESS EMPLOYS AN INDIVIDUAL TO PREPARE TAX RETURNS WHO IS
NOT REGISTERED WITH THE DEPARTMENT AND DOES NOT POSSESS A VALID TAX
PREPARER OR FACILITATOR REGISTRATION CERTIFICATE, THEN THE TAX RETURN
PREPARER, FACILITATOR 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 AND FACILITATORS WITH THE DEPART-
S. 59--B 85 A. 159--B
MENT, PAYMENT OF THE REGISTRATION FEE IF REQUIRED BY COMMERCIAL TAX
RETURN PREPARERS, THE SIGNING OF RETURNS AND USE OF THE UNIQUE IDENTIFI-
CATION NUMBERS ASSIGNED BY THE DEPARTMENT UPON REGISTRATION. OTHER
PROVISIONS OF THIS CHAPTER OR ANY OTHER PROVISION OF LAW PRESCRIBING
ADDITIONAL REQUIREMENTS APPLICABLE TO TAX RETURN PREPARERS OR FACILITA-
TORS 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 3. Paragraphs 1 and 2 of subsection (u) of section 685 of the tax
law are REPEALED.
S 4. 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; examining issues and abuses involving refund
anticipation loans and checks and considering any other matters the task
force determines to be necessary or appropriate. The report required by
this section will be submitted to the commissioner of taxation and
finance, the governor, the speaker of the assembly and the temporary
president of the senate 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 5. Section 371 of the general business law, as added by chapter 432
of the laws of 2008, is amended to read as follows:
S 371. Definitions. For the purposes of this article:
(a) "FACILITATOR" MEANS A PERSON WHO INDIVIDUALLY OR IN CONJUNCTION OR
COOPERATION WITH ANOTHER PERSON: (I) SOLICITS THE EXECUTION OF, PROC-
ESSES, RECEIVES, OR ACCEPTS AN APPLICATION OR AGREEMENT FOR A REFUND
ANTICIPATION LOAN OR REFUND ANTICIPATION CHECK; (II) SERVES OR COLLECTS
UPON A REFUND ANTICIPATION LOAN OR REFUND ANTICIPATION CHECK; OR (III)
IN ANY OTHER MANNER THAT FACILITATES THE MAKING OF A REFUND ANTICIPATION
LOAN OR REFUND ANTICIPATION CHECK. THIS TERM EXCLUDES ANY EMPLOYEES OF A
FACILITATOR WHO PROVIDE ONLY CLERICAL OR OTHER COMPARABLE SUPPORT
SERVICES TO SUCH FACILITATOR.
(B) "Tax preparer" or "preparer" means a person, partnership, corpo-
ration or other business entity, that in exchange for consideration
advises or assists or offers to advise or assist in the preparation of
income tax returns for another.
[(b)] (C) "REFUND ANTICIPATION CHECK" MEANS A CHECK, STORED VALUE
CARD, OR OTHER PAYMENT MECHANISM: (I) REPRESENTING THE PROCEEDS OF A TAX
REFUND; (II) WHICH WAS ISSUED BY A DEPOSITORY INSTITUTION OR OTHER
PERSON THAT RECEIVED A DIRECT DEPOSIT OF THE TAX REFUND OR TAX CREDITS;
AND (III) FOR WHICH A FEE OR OTHER CONSIDERATION HAS BEEN PAID FOR SUCH
PAYMENT MECHANISM.
(D) "Refund anticipation loan" means [any loan a taxpayer may receive
against his or her anticipated income tax refund.
(c)] A LOAN THAT IS SECURED BY OR THAT THE CREDITOR ARRANGES TO BE
REPAID DIRECTLY OR INDIRECTLY FROM THE PROCEEDS OF AN INCOME TAX REFUND
OR TAX CREDITS. A REFUND ANTICIPATION LOAN ALSO INCLUDES ANY SALE,
S. 59--B 86 A. 159--B
ASSIGNMENT, OR PURCHASE OF TAX REFUND AT A DISCOUNT OR FOR A FEE, WHETH-
ER OR NOT THE AMOUNT IS REQUIRED TO BE REPAID TO THE BUYER OR ASSIGNEE
IF THE INTERNAL REVENUE SERVICE OR THE DEPARTMENT DENIES OR REDUCES THE
AMOUNT OF THE TAX REFUND.
(E) "Department" means the department of taxation and finance.
S 6. Section 372 of the general business law, as added by chapter 432
of the laws of 2008, is amended to read as follows:
S 372. Consumer bill of rights regarding tax preparers. (a) A tax
preparer shall provide his or her customers with a receipt containing an
address and phone number at which the preparer can be contacted through-
out the year.
(b) The department shall, in accordance with regulations promulgated
by the commissioner of taxation and finance, produce and make available
to taxpayers and tax preparers an informational flier regarding consum-
ers' rights and laws concerning tax preparers to be called a "consumer
bill of rights regarding tax preparers". THE DEPARTMENT SHALL CONSULT
WITH THE STATE CONSUMER PROTECTION BOARD TO ENHANCE DISTRIBUTION OF
FLIERS TO CONSUMERS. The flier shall also be made available on the
[department's] DEPARTMENT AND THE STATE CONSUMER PROTECTION BOARD'S
internet site, and shall contain information including, but not limited
to, the following:
(1) postings required by state and federal laws, such as price posting
and posting of qualifications;
(2) explanations of some of the commonly offered services and industry
jargon, such as preparation of short and long federal forms, refund,
electronic filing, express mail, direct deposit, REFUND ANTICIPATION
CHECK, refund anticipation loan, quick, instant, rapid, fast, fee, and
interest;
(3) basic information on what a tax preparer is and is not required to
do for a consumer, such as the preparer's responsibility to sign a
return, that a tax preparer may not be required to accompany a consumer
to an audit but the company may have a voluntary policy to accompany
consumers to audits; and
(4) the telephone numbers of the department for information and
complaints.
The flier shall be in a form which is easily reproducible by photocopy
machine.
(c) THE DEPARTMENT SHALL COORDINATE ITS RESPONSE TO CONSUMER TAX
PREPARER COMPLAINTS WITH THE STATE CONSUMER PROTECTION BOARD, PURSUANT
TO SUBDIVISION (B) OF SECTION FIVE HUNDRED FIFTY-THREE OF THE EXECUTIVE
LAW, AS THE DEPARTMENT DEEMS APPROPRIATE.
(D) A copy of the consumer bill of rights regarding tax preparers
shall be provided to individuals or businesses on request to the depart-
ment, and shall be sent by the department no later than October
fifteenth of each year to each tax preparer who has been found to be in
violation of this subdivision or any other provision of this section
within the previous calendar year. Each tax preparer subject to this
section shall obtain a current consumer's bill of rights regarding tax
preparers from the department and shall reproduce it so that it is clear
and legible. As of January first of each year, each tax preparer shall
give to each customer, free of charge, a current, legible copy of the
consumer's bill of rights regarding tax preparers prior to any
discussion with the customer. Each such tax preparer shall also verbally
direct the consumer to review the consumer bill of rights regarding tax
preparers and shall answer any questions the consumer may have about its
contents.
S. 59--B 87 A. 159--B
[(d)] (E) (1) Any tax preparer who advertises the availability of a
refund anticipation loan OR REFUND ANTICIPATION CHECK may not directly
or indirectly represent such a loan as a refund. Any advertisement which
mentions a refund anticipation loan must state conspicuously that it is
a loan and that a fee or interest will be charged by the lending insti-
tution. The advertisement must also disclose the name of the lending
institution.
(2) (I) Before any taxpayer enters into a refund anticipation loan,
the tax preparer facilitating such loan shall provide the following
disclosure to the taxpayer in writing in at least fourteen-point type:
"YOU ARE NOT REQUIRED TO ENTER INTO THIS REFUND ANTICIPATION LOAN
AGREEMENT MERELY BECAUSE YOU HAVE RECEIVED THIS INFORMATION.
IF YOU DO SIGN A CONTRACT FOR A REFUND ANTICIPATION LOAN, YOU WILL BE
TAKING OUT A LOAN. YOU WILL BE RESPONSIBLE FOR REPAYMENT OF THE ENTIRE
LOAN AMOUNT AND ALL RELATED COSTS AND FEES, REGARDLESS OF HOW MUCH MONEY
YOU ACTUALLY RECEIVE IN YOUR TAX REFUND. IF YOUR REFUND IS DELAYED, YOU
MAY HAVE TO PAY ADDITIONAL COSTS.
IF YOU DO NOT TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU ARE ELIGIBLE
TO RECEIVE A GROSS TAX REFUND OF APPROXIMATELY $(insert amount).
IF YOU DO TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU WILL BE RESPON-
SIBLE TO PAY $(insert amount) IN FEES FOR THE LOAN. AFTER THESE FEES ARE
PAID, YOU WILL RECEIVE APPROXIMATELY $ (insert amount) AS YOUR LOAN.
THE ESTIMATED ANNUAL PERCENTAGE RATE OF YOUR REFUND ANTICIPATION LOAN
IS (insert amount)%. THIS IS BASED ON THE ACTUAL AMOUNT OF TIME YOU WILL
BE LENT MONEY THROUGH THIS REFUND ANTICIPATION LOAN.
IF YOU DO TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU CAN EXPECT TO
RECEIVE YOUR LOAN WITHIN APPROXIMATELY TWO BUSINESS DAYS OF (insert
date).
IF YOU DO NOT TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU CAN STILL
RECEIVE YOUR TAX REFUND QUICKLY. IF YOU FILE YOUR TAX RETURN ELECTRON-
ICALLY AND RECEIVE YOUR TAX REFUND THROUGH THE MAIL, YOU CAN EXPECT TO
RECEIVE YOUR REFUND WITHIN APPROXIMATELY TWO BUSINESS DAYS OF (insert
date). IF YOU FILE YOUR TAX RETURN ELECTRONICALLY AND HAVE YOUR TAX
REFUND DIRECTLY DEPOSITED INTO A BANK ACCOUNT, YOU CAN EXPECT TO RECEIVE
YOUR REFUND WITHIN APPROXIMATELY TWO BUSINESS DAYS OF (insert date)."
(II) BEFORE ANY TAXPAYER ENTERS INTO AN AGREEMENT TO RECEIVE A REFUND
ANTICIPATION CHECK, THE TAX PREPARER FACILITATING THE AGREEMENT SHALL
PROVIDE THE FOLLOWING DISCLOSURE TO THE TAXPAYER IN WRITING IN AT LEAST
FOURTEEN-POINT TYPE:
"YOU ARE NOT REQUIRED TO ENTER INTO THIS REFUND ANTICIPATION CHECK
AGREEMENT MERELY BECAUSE YOU HAVE RECEIVED THIS INFORMATION. IF YOU DO
TAKE OUT THIS REFUND ANTICIPATION CHECK, YOU WILL BE RESPONSIBLE TO PAY
$(INSERT AMOUNT) IN FEES FOR THE CHECK TO BE ISSUED BY (INSERT NAME OF
ISSUER OF REFUND ANTICIPATION CHECK). YOU CAN AVOID THIS FEE AND STILL
RECEIVE YOUR REFUND IN THE SAME AMOUNT OF TIME BY HAVING YOUR REFUND
DIRECTLY DEPOSITED INTO YOUR OWN BANK ACCOUNT. YOU CAN ALSO WAIT FOR THE
FEDERAL OR STATE REFUND TO BE MAILED TO YOU.
IF YOU DO ENTER INTO THIS REFUND ANTICIPATION CHECK AGREEMENT, YOU CAN
EXPECT TO RECEIVE YOUR CHECK BY APPROXIMATELY TWO BUSINESS DAYS OF
(INSERT DATE).
IF YOU DO NOT ENTER INTO THIS REFUND ANTICIPATION CHECK AGREEMENT, YOU
CAN STILL RECEIVE YOUR TAX REFUND QUICKLY. IF YOU FILE YOUR TAX RETURN
ELECTRONICALLY AND RECEIVE YOUR TAX REFUND THROUGH THE MAIL, YOU CAN
EXPECT TO RECEIVE YOUR REFUND WITHIN APPROXIMATELY TWO BUSINESS DAYS OF
(INSERT DATE). IF YOU FILE YOUR TAX RETURN ELECTRONICALLY AND HAVE YOUR
TAX REFUND DIRECTLY DEPOSITED INTO A BANK ACCOUNT, YOU CAN EXPECT TO
S. 59--B 88 A. 159--B
RECEIVE YOUR REFUND WITHIN APPROXIMATELY TWO BUSINESS DAYS OF (INSERT
DATE)."
(III) It shall be the obligation of the tax preparer to complete the
required [disclosure] DISCLOSURES accurately with all relevant informa-
tion for each taxpayer and to ensure that the completed disclosure form
is signed by the taxpayer before he or she enters into a refund antic-
ipation loan OR A REFUND ANTICIPATION CHECK, WITH A COPY OF THE SAME
PROVIDED TO THE TAXPAYER. THE NAME AND THE UNIQUE IDENTIFICATION NUMBER
OF THE TAX RETURN PREPARER (AND FACILITATOR, IF DIFFERENT) ASSIGNED
PURSUANT TO SECTION THIRTY-TWO OF THE TAX LAW MUST BE INCLUDED ON THE
DISCLOSURE FORM PROVIDED TO THE TAXPAYER.
[(e)] (F)(1) IF A TAXPAYER APPLIES FOR A REFUND ANTICIPATION LOAN, THE
FACILITATOR MUST ALSO ORALLY INFORM THE TAXPAYER IN THE LANGUAGE PRIMA-
RILY USED FOR ORAL COMMUNICATIONS BETWEEN THE FACILITATOR AND TAXPAYER:
(I) THAT THE PRODUCT IS A LOAN THAT ONLY LASTS ONE TO TWO WEEKS;
(II) IF THE TAX REFUND IS LESS THAN EXPECTED, THE TAXPAYER IS LIABLE
FOR THE FULL AMOUNT OF THE LOAN AND MUST REPAY ANY DIFFERENCE;
(III) IF THE REFUND IS DELAYED FOR ANY REASON, THERE MAY BE ADDITIONAL
COSTS, SUCH AS ADDITIONAL INTEREST, THAT THE TAXPAYER WILL HAVE TO PAY;
(IV) THE AMOUNT OF THE REFUND ANTICIPATION LOAN FEE; AND
(V) THE REFUND ANTICIPATION LOAN INTEREST RATE.
(2) IF A TAXPAYER APPLIES FOR A REFUND ANTICIPATION CHECK, THE FACILI-
TATOR MUST ALSO ORALLY INFORM THE TAXPAYER IN THE LANGUAGE PRIMARILY
USED FOR ORAL COMMUNICATIONS BETWEEN THE FACILITATOR AND TAXPAYER:
(I) THE AMOUNT OF THE REFUND ANTICIPATION CHECK FEE; AND
(II) THAT THE TAXPAYER CAN RECEIVE A REFUND IN THE SAME AMOUNT OF TIME
WITHOUT A FEE IF THE TAX RETURN IS FILED ELECTRONICALLY, AND THE CONSUM-
ER CHOOSES DIRECT DEPOSIT TO THEIR OWN PERSONAL BANK ACCOUNT.
(G) 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.
[(f)] (H) Apart from subdivision [(d)] (E) of this section and the
accompanying penalties as listed in subdivision [(e)] (F) of this
section, the provisions of this section shall not apply to:
(1) an officer or employee of a corporation or business enterprise
who, in his or her capacity as such, advises or assists in the prepara-
tion of income tax returns relating to such corporation or business
enterprise;
(2) an attorney at law who advises or assists in the preparation of
income tax returns in the practice of law and the employees thereof;
(3) a fiduciary and the employees thereof who advise or assist in the
preparation of income tax returns on behalf of the fiduciary estate, the
testator, trustee, grantor or beneficiaries thereof;
(4) a certified public accountant licensed pursuant to the education
law or licensed by one or more of the states or jurisdictions of the
United States, and the employees thereof;
(5) a public accountant licensed pursuant to the education law and the
employees thereof;
S. 59--B 89 A. 159--B
(6) an employee of a governmental unit, agency or instrumentality who
advises or assists in the preparation of income tax returns in the
performance of his or her official duties; or
(7) 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.
S 7. This act shall take effect immediately, provided, however, that
section one 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 two of this act shall apply to tax return preparers filing
personal income tax returns on or after December 31, 2009 and to tax
return preparers who do not prepare income tax returns on or after
December 31, 2010; and sections five and six 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 April 1, 2009.
PART XX
Section 1. Section 16-s of section 1 of chapter 174 of the laws of
1968 constituting the New York state urban development corporation act,
as added by section 2 of part QQ of chapter 57 of the laws of 2008, is
amended to read as follows:
S 16-s. The upstate agricultural economic development fund AND HEALTHY
FOOD / HEALTHY COMMUNITIES INITIATIVE. 1. The upstate agricultural
economic development fund AND HEALTHY FOOD / HEALTHY COMMUNITIES INITI-
ATIVE is hereby created. The corporation is authorized, within available
appropriations, to provide financial assistance in the form of loans,
grants or contracts for services, to eligible entities as set forth in
this subdivision to support the upstate revitalization fund to reduce
the cost of financing the construction, expansion or renovation of agri-
cultural economic development projects, to reduce the cost of agricul-
tural inputs or to support activities related to the retention of exist-
ing farmers or the recruitment of new farmers AND TO INCREASE THE NUMBER
OF FOOD MARKETS PROVIDING AFFORDABLE AND NUTRITIOUS FOODS IN UNDERSERVED
AREAS.
2. Not-for-profit corporations, agricultural cooperative corporations,
public benefit corporations, municipalities and educational institutions
serving rural areas shall be eligible to apply for support under this
subdivision for the following activities:
(a) Support for local efforts to identify new agricultural economic
development opportunities, and to organize industry-wide collaborative
efforts designed to develop growth strategies for the agricultural
industry.
(b) Support for local or regional activities designed to provide busi-
ness development and financial packaging assistance to new and expanding
agricultural economic development projects.
S. 59--B 90 A. 159--B
(c) Development and delivery of programs to promote the retention of
existing farmers and to attract new farmers.
(d) Feasibility studies to determine the projected local, national
and/or international demand for the proposed crop or product to be
financed pursuant to this section and the suitability of the land and
climate for such production.
(e) Support for land acquisition and/or the construction, acquisition
or expansion of buildings, machinery and equipment associated with a
project.
(f) Loans can be provided by the corporation to agricultural cooper-
ative corporations, not-for-profit corporations and public benefit
corporations for the purpose of providing low cost financing from such
entities to projects for purposes described in this subdivision.
(g) Such projects shall be consistent with the environmental
protection goals of the state.
[2.] 3. COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, AS DEFINED BY
PARAGRAPH (A) OF SUBDIVISION 2 OF SECTION SIXTEEN-O OF THIS ACT, SHALL
BE ELIGIBLE TO APPLY FOR DESIGNATION UNDER THIS SUBDIVISION TO PERFORM
THE DUTIES OF A PROGRAM ADMINISTRATOR FOR THE HEALTHY FOOD / HEALTHY
COMMUNITIES INITIATIVE.
(A) PROGRAM ADMINISTRATORS WILL BE REQUIRED TO ENTER INTO A CONTRACT
WITH THE CORPORATION FOR THE FOLLOWING RESPONSIBILITIES:
(I) RAISE MATCHING CAPITAL TO LEVERAGE STATE FUNDS WITHIN THREE YEARS
OF SIGNING A CONTRACT WITH THE CORPORATION;
(II) REPORT, AT LEAST ANNUALLY, ON THE SOURCES AND AMOUNTS OF FUNDS
RAISED;
(III) DEVELOP UNDERWRITING CRITERIA; AND
(IV) PROCESS LOANS AND GRANTS FOR FOOD MARKETS.
(B) ADMINISTRATIVE COSTS OF PROGRAM ADMINISTRATORS WILL BE REIMBURSA-
BLE AS SET FORTH IN EITHER RULES AND REGULATIONS ISSUED IN ACCORDANCE
WITH PARAGRAPH (D) OF SUBDIVISION 5 OF THIS SECTION OR IN A REQUEST FOR
PROPOSAL.
(C) ELIGIBLE FOOD MARKETS ARE ANY ENTITIES IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH. ELIGIBLE FOOD MARKETS MUST DEMONSTRATE THAT THEIR PROPOSED
PROJECT WILL BENEFIT AN UNDERSERVED AREA, AS DEFINED IN SUBPARAGRAPH
(II) OF THIS PARAGRAPH.
(I) AN ELIGIBLE FOOD MARKET APPLICANT MAY BE A FOR-PROFIT BUSINESS
ENTERPRISE (INCLUDING A CORPORATION, LIMITED LIABILITY COMPANY, SOLE
PROPRIETOR, COOPERATIVE OR PARTNERSHIP), A NONPROFIT ORGANIZATION OR A
FOOD COOPERATIVE.
(II) AN UNDERSERVED AREA IS DEFINED AS A LOW- OR MODERATE-INCOME
CENSUS TRACT, AN AREA OF BELOW AVERAGE SUPERMARKET DENSITY OR AN AREA
HAVING A SUPERMARKET CUSTOMER BASE WITH MORE THAN 50 PERCENT LIVING IN A
LOW-INCOME CENSUS TRACT.
(III) ELIGIBLE USES FOR FUNDS FROM STATE GRANTS AND LOANS TO FOOD
MARKETS INCLUDE:
(A) PRE-DEVELOPMENT COSTS FOR PROJECT FEASIBILITY, INCLUDING PROFES-
SIONAL FEES, MARKET STUDIES AND APPRAISALS;
(B) LAND ASSEMBLY, INCLUDING DEMOLITION AND ENVIRONMENTAL REMEDIATION;
(C) SITE DEVELOPMENT;
(D) INFRASTRUCTURE IMPROVEMENTS, INCLUDING RENOVATION, NEW
CONSTRUCTION OR ADAPTIVE REUSE; AND
(E) EQUIPMENT PURCHASES.
(D) THE PROGRAM ADMINISTRATOR SHALL REVIEW, AND IF APPROPRIATE
APPROVE, APPLICATIONS BY FOOD MARKETS. THE PROGRAM ADMINISTRATOR SHALL
REVIEW APPLICATIONS EVERY OTHER MONTH FOR AS LONG AS FUNDS REMAIN AVAIL-
S. 59--B 91 A. 159--B
ABLE IN THE LOAN POOL. THE PROGRAM ADMINISTRATOR SHALL REVIEW EACH
APPLICATION TO DETERMINE WHETHER THE PROPOSED PROJECT IS FINANCIALLY
VIABLE AND DEMONSTRATES ALL OF THE FOLLOWING:
(I) MAKES A POSITIVE IMPACT ON THE LOCAL ECONOMY;
(II) INCREASES REVENUES TO THE STATE, THE HOST MUNICIPALITY, OR THE
MARKET REGION OR CREATES A NEW AGRICULTURAL ECONOMIC DEVELOPMENT OPPOR-
TUNITY;
(III) ADHERENCE TO SOUND LAND USE PRINCIPLES;
(IV) PROMOTES COMMUNITY DEVELOPMENT BY WORKING IN CONJUNCTION WITH
OTHER PROGRAMS;
(V) INCORPORATES ENERGY EFFICIENCY AND GREEN BUILDING PRINCIPLES; AND
(VI) TO THE MAXIMUM EXTENT PRACTICABLE, PROVIDES HEALTHY, NUTRITIOUS
FOOD GROWN BY SUSTAINABLE AGRICULTURAL PRACTICES.
4. Applications for assistance pursuant to this section, EXCEPT FOR
THE HEALTHY FOODS / HEALTHY COMMUNITIES INITIATIVE, shall be reviewed
and evaluated pursuant to eligibility requirements and criteria set
forth in rules and regulations promulgated by the upstate chairman, in
consultation with the commissioner of the department of agriculture and
markets, and subject to approval by the board of directors of the
upstate empire state development corporation. Approval of project appli-
cations shall be made by the upstate chairman, in consultation with the
commissioner of the department of agriculture and markets, subject to
approval by the board of directors of the upstate empire state develop-
ment corporation.
[3.] 5. APPLICATIONS TO BE THE PROGRAM ADMINISTRATOR FOR THE HEALTHY
FOOD / HEALTHY COMMUNITIES INITIATIVE SHALL BE REVIEWED AND EVALUATED
PURSUANT TO ELIGIBILITY REQUIREMENTS AND CRITERIA WHICH MAY BE SET FORTH
IN EITHER RULES AND REGULATIONS, A REQUEST FOR PROPOSAL OR AN APPLICA-
TION.
(A) APPLICATIONS SHALL IDENTIFY AT LEAST ONE FOOD ACCESS, HEALTH OR
COMMUNITY DEVELOPMENT ORGANIZATION WHO WILL WORK WITH THE PROGRAM ADMIN-
ISTRATOR APPLICANT TO:
(I) ANALYZE MARKET OPPORTUNITIES IN UNDERSERVED AREAS;
(II) RECRUIT FOOD MARKET OPERATORS AND DEVELOPERS;
(III) PRE-QUALIFY FOOD MARKET APPLICATIONS ON NON-FINANCIAL CRITERIA;
AND
(IV) PROVIDE TECHNICAL ASSISTANCE WITH REGARD TO OPERATING GROCERY
STORES IN LOW-INCOME COMMUNITIES.
(B) ADMINISTRATIVE COSTS OF THE FOOD ACCESS, HEALTH OR COMMUNITY
DEVELOPMENT ORGANIZATION WILL BE REIMBURSABLE AS SET FORTH IN RULES AND
REGULATIONS ISSUED IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDIVISION
OR IN A REQUEST FOR PROPOSAL.
(C) APPROVAL OF AT LEAST ONE PROGRAM ADMINISTRATOR SHALL BE MADE BY
THE UPSTATE CHAIRMAN, IN CONSULTATION WITH THE COMMISSIONER OF THE
DEPARTMENT OF AGRICULTURE AND MARKETS, SUBJECT TO APPROVAL BY THE BOARD
OF DIRECTORS OF THE UPSTATE EMPIRE STATE DEVELOPMENT CORPORATION.
(D) AT HIS OR HER DISCRETION, THE UPSTATE CHAIRMAN OF THE CORPORATION
MAY PROMULGATE RULES AND REGULATIONS, IN CONSULTATION WITH THE COMMIS-
SIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND SUBJECT TO
APPROVAL BY THE BOARD OF DIRECTORS OF THE UPSTATE EMPIRE STATE DEVELOP-
MENT CORPORATION FOR THE IMPLEMENTATION OF THIS SECTION.
6. The corporation, IN CONSULTATION WITH THE COMMISSIONER OF THE
DEPARTMENT OF AGRICULTURE AND MARKETS, shall submit a report to the
director of the budget, the temporary president of the senate, the
speaker of the assembly, the minority leader of the senate and the
minority leader of the assembly on the investments and accomplishments
S. 59--B 92 A. 159--B
of the upstate agricultural economic development 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 1, 2009 and July
first every year thereafter.
[4.] 7. The corporation, IN CONSULTATION WITH THE COMMISSIONER OF THE
DEPARTMENT OF AGRICULTURE AND MARKETS, shall submit a report to the
director of the budget, the temporary president of the senate, the
speaker of the assembly, the minority leader of the senate and the
minority leader of the assembly evaluating the economic and social bene-
fits of the upstate agricultural economic development fund. Such evalu-
ation shall be prepared by an entity or entities independent of the
corporation which shall be selected through a request for proposal proc-
ess. Such evaluation shall be submitted by October 1, 2009 and October
first every year thereafter.
[5.] 8. The corporation is hereby authorized to promulgate rules and
regulations in accordance with the state administrative procedure act as
are necessary to fulfill the purposes of this section.
[6.] 9. The provisions of section [10] TEN and subdivision 2 of
section [16] SIXTEEN of [the urban development corporation] THIS act
shall not apply to assistance provided under this section.
S 2. This act shall take effect immediately.
PART YY
Section 1. Paragraph b of subdivision 4 of section 15-0313 of the
environmental conservation law, as amended by chapter 261 of the laws of
1990, is amended to read as follows:
b. Such rules and regulations may specify the pesticides and chemicals
and quantities and concentrations thereof which may be directly applied
or used, which specified chemicals and pesticides shall be selected with
maximum protection of life, health and property as criteria for their
selection, and shall also provide for giving reasonable notice to
persons likely to be adversely affected by such use of chemicals and may
require consent of persons who may reasonably be expected to suffer
substantial damage or injury thereby prior to the issuance of any permit
for such use. A fee of [fifty] ONE HUNDRED dollars shall accompany each
permit.
S 2. Subdivision 2 of section 33-0901 of the environmental conserva-
tion law, as amended by section 3 of part B of chapter 82 of the laws of
2002, is amended to read as follows:
2. Any person desiring such a permit shall file an application
containing such information required by the commissioner and in a form
prescribed by the commissioner. The commissioner shall examine the
application and shall issue or refuse to issue the permit requested
therein. The commissioner shall impose whatever restrictions or condi-
tions on the permit he deems appropriate in order to fully protect the
public interest. Such a permit shall not be valid for more than two
years as determined by the commissioner. A separate permit is required
for each location in the state, and a fee for each location in the state
of [three] SIX hundred dollars is required.
S 3. Section 33-0911 of the environmental conservation law, as amended
by section 6 of part B of chapter 82 of the laws of 2002, subdivision 2
as amended by section 2 of part U of chapter 59 of the laws of 2004, is
amended to read as follows:
S. 59--B 93 A. 159--B
S 33-0911. Certification and registration fees.
1. Every applicant for pesticide applicator certification shall pay an
examination fee of [fifty] ONE HUNDRED dollars for each examination.
2. a. Except as provided in paragraph b of this subdivision, fees for
pesticide applicator certification shall be [two] FOUR hundred [twenty-
five] FIFTY dollars for commercial pesticide applicator certification in
one individual category, [seventy-five] ONE HUNDRED FIFTY dollars for
each additional category and [seventy-five] ONE HUNDRED FIFTY dollars
for each additional sub-category chosen. For private applicators a fee
of twenty-five dollars for the initial certified private applicator and
five dollars for subsequent applicators on the same farm or business
shall be charged at the time of initial certification, renewal of
certification or recertification.
b. Fees for pesticide applicator certification for a commercial pesti-
cide applicator with only subcategory 3A-ornamentals, shade trees and
turf or only subcategory 3B-turf shall be [one] TWO hundred dollars.
3. Pesticide businesses shall pay a registration fee of [four] NINE
hundred [fifty] dollars. When the applicant regularly maintains or oper-
ates more than one business address a fee may be required for each of
the applicant's business addresses in the state. Any agency which is a
state agency, municipal corporation, public authority, or college shall
be exempt from any fee for registration.
S 4. Section 33-0304 of the environmental conservation law, as amended
by chapter 60 of the laws of 1993, is amended to read as follows:
S 33-0304. Fees.
All fees collected pursuant to this article shall be deposited into
the environmental conservation special revenue fund to the credit of the
environmental regulatory account; PROVIDED, HOWEVER, THAT THE FIRST FIVE
MILLION DOLLARS COLLECTED PURSUANT TO THIS ARTICLE SHALL BE DEPOSITED
INTO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION
NINETY-TWO-S OF THE STATE FINANCE LAW.
S 5. Subdivisions a and b of section 33-0705 of the environmental
conservation law, as amended by section 2 of part FF of chapter 59 of
the laws of 2008, are amended to read as follows:
a. On or before July 1, 2011, [three] SIX hundred dollars for each
pesticide proposed to be registered, provided that the applicant has
submitted to the department proof in the form of a federal income tax
return for the previous year showing gross annual sales, for federal
income tax purposes, of three million five hundred thousand dollars or
less;
b. On or before July 1, 2011, for all others, [three] SIX hundred
[ten] TWENTY dollars for each pesticide proposed to be registered;
S 6. Subdivision 5 of section 33-0922 of the environmental conserva-
tion law, as amended by chapter 345 of the laws of 2008, is amended to
read as follows:
5. When engaged in the commercial application of aquatic antifouling
paints, an aquatic antifouling paint application business shall ensure
that such aquatic antifouling paints are only applied by an employee who
is a certified commercial pesticide applicator or technician certified
in the application of aquatic antifouling paint or an aquatic antifoul-
ing paint applicator, or a person who is a certified commercial pesti-
cide applicator or technician certified in the application of aquatic
antifouling paint or an aquatic antifouling paint applicator employed by
another registered business with which such business has contracted to
apply aquatic antifouling paints; provided, however, that until [Decem-
ber thirty-first, two thousand eight,] SUCH TIME AS AUTHORIZATION FOR
S. 59--B 94 A. 159--B
PESTICIDE APPLICATION BY PESTICIDE APPRENTICES IS REPEALED, aquatic
antifouling paint REGISTERED AS A GENERAL USE PESTICIDE may be applied
by a commercial pesticide apprentice who is AT LEAST SEVENTEEN YEARS OF
AGE AND employed by such business (a) working under the direct super-
vision of a certified commercial pesticide applicator, or (b) working
under the supervision of a certified pesticide technician qualified in
aquatic antifouling paints, if such application is otherwise done in
compliance with the rules and regulations of the department, AND WHO,
DURING THE HANDLING AND APPLICATION OF SUCH PAINT, UTILIZES APPROPRIATE
SAFETY EQUIPMENT INCLUDING BUT NOT LIMITED TO A RESPIRATOR, EYE
PROTECTION AND SKIN PROTECTION.
S 7. 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 ZZ
Section 1. Subdivisions 5 and 6 of section 72-1003 of the environ-
mental conservation law, as amended by section 1 of part O1 of chapter
62 of the laws of 2003, are amended to read as follows:
5. [two] FOUR thousand dollars for affected land of an acreage greater
than twenty acres and equal to or less than thirty acres; or
6. [four thousand dollars] EIGHT THOUSAND DOLLARS for affected land of
an acreage greater than thirty acres.
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 AAA
Section 1. Section 70-0117 of the environmental conservation law is
amended by adding a new subdivision 8 to read as follows:
8. (A) ALL PERSONS REQUIRED TO OBTAIN A PERMIT FROM THE DEPARTMENT
PURSUANT TO SECTION 24-0701 OF THIS CHAPTER SHALL SUBMIT TO THE DEPART-
MENT AN APPLICATION FEE IN AN AMOUNT NOT TO EXCEED THE FOLLOWING:
(I) FIFTY DOLLARS PER APPLICATION FOR A PERMIT FOR A MINOR PROJECT AS
DEFINED IN THIS ARTICLE OR MODIFICATION TO ANY EXISTING PERMIT ISSUED
PURSUANT TO SECTION 24-0701 OF THIS CHAPTER;
(II) FIFTY DOLLARS PER APPLICATION FOR A PERMIT FOR A RESIDENTIAL
PROJECT DEFINED AS ASSOCIATED WITH ONE SINGLE FAMILY DWELLING AND
CUSTOMARY APPURTENANCES THERETO;
(III) ONE HUNDRED DOLLARS PER APPLICATION FOR MULTIPLE FAMILY DWELLING
AND CUSTOMARY APPURTENANCES THERETO;
(IV) TWO HUNDRED DOLLARS PER APPLICATION FOR A PERMIT FOR ANY OTHER
PROJECT AS DEFINED IN THIS ARTICLE.
(B) ALL PERSONS REQUIRED TO OBTAIN A PERMIT FROM THE DEPARTMENT PURSU-
ANT TO SECTION 25-0402 OF THIS CHAPTER SHALL SUBMIT TO THE DEPARTMENT AN
APPLICATION FEE IN AN AMOUNT NOT TO EXCEED THE FOLLOWING:
(I) TWO HUNDRED DOLLARS PER APPLICATION FOR A PERMIT FOR A MINOR
PROJECT AS DEFINED IN THIS ARTICLE OR MODIFICATION TO ANY EXISTING
PERMIT ISSUED PURSUANT TO SECTION 25-0402 OF THIS CHAPTER;
(II) NINE HUNDRED DOLLARS PER APPLICATION FOR A PERMIT FOR A PROJECT
AS DEFINED IN THIS ARTICLE.
(C) ALL FEES COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE DEPOSITED
INTO THE ENVIRONMENTAL PROTECTION FUND PURSUANT TO SECTION NINETY-TWO-S
OF THE STATE FINANCE LAW.
S 2. This act shall take effect April 1, 2009.
S. 59--B 95 A. 159--B
PART BBB
Section 1. The opening paragraph of subdivision 1 of section 72-0303
of the environmental conservation law, as amended by section 1 of part D
of chapter 413 of the laws of 1999, is amended to read as follows:
Commencing January first, nineteen hundred ninety-four and every year
thereafter all sources of regulated air contaminants identified pursuant
to subdivision one of section 19-0311 of this chapter shall submit to
the department [a] AN ANNUAL fee [not to exceed] OF forty-five dollars
per ton up to [six] SEVEN thousand tons annually of each regulated air
contaminant AS FOLLOWS: FORTY-FIVE DOLLARS PER TON FOR FACILITIES WITH
TOTAL EMISSIONS LESS THAN ONE THOUSAND TONS ANNUALLY; FIFTY DOLLARS PER
TON FOR FACILITIES WITH TOTAL EMISSIONS OF ONE THOUSAND OR MORE BUT LESS
THAN TWO THOUSAND TONS ANNUALLY; FIFTY-FIVE DOLLARS PER TON FOR FACILI-
TIES WITH TOTAL EMISSIONS OF TWO THOUSAND OR MORE BUT LESS THAN FIVE
THOUSAND TONS ANNUALLY; AND SIXTY-FIVE DOLLARS PER TON FOR FACILITIES
WITH TOTAL EMISSIONS OF FIVE THOUSAND OR MORE TONS ANNUALLY. Such fee
shall be sufficient to support an appropriation approved by the legisla-
ture for the direct and indirect costs associated with the operating
permit program established in section 19-0311 of this chapter. Such fee
shall be established by the department and shall be calculated by divid-
ing the amount of the current year appropriation from the operating
permit program account of the clean air fund by the total tons of emis-
sions of regulated air contaminants that are subject to the operating
permit program fees from sources subject to the operating permit program
pursuant to section 19-0311 of this chapter up to [six] SEVEN thousand
tons annually of each regulated air contaminant from each source;
provided that, in making such calculation, the department shall adjust
their calculation to account for any deficit or surplus in the operating
permit program account of the clean air fund established pursuant to
section ninety-seven-oo of the state finance law; any loan repayment
from the mobile source account of the clean air fund established pursu-
ant to section ninety-seven-oo of the state finance law; and the rate of
collection by the department of the bills issued for the fee for the
prior year.
S 2. This act shall take effect June 1, 2009.
PART CCC
Section 1. Article 15 of the environmental conservation law is amended
by adding a new title 33 to read as follows:
TITLE 33
WATER WITHDRAWAL REPORTING
SECTION 15-3301. WATER WITHDRAWAL REPORTING.
S 15-3301. WATER WITHDRAWAL REPORTING.
1. ANY PERSON WHO WITHDRAWS OR IS OPERATING ANY SYSTEM OR METHOD OF
WITHDRAWAL THAT HAS THE CAPACITY TO WITHDRAW MORE THAN 100,000 GALLONS
OF GROUNDWATER OR SURFACE WATER PER DAY AT A SINGLE TRACT OF LAND, WATER
SOURCE OR PLACE OF BUSINESS SHALL FILE A REPORT WITH THE DEPARTMENT.
SUCH REPORT SHALL BE FILED ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND TEN
AND EVERY FEBRUARY FIRST THEREAFTER. ANY REPORT FILED IN TWO THOUSAND
TEN SHALL BE BASED ON THOSE CALENDAR MONTHS COMMENCING AFTER THE EFFEC-
TIVE DATE OF THIS SECTION. THE REPORT SHALL BE MADE ON A FORM AND
CONTAIN SUCH INFORMATION AS MAY BE PRESCRIBED BY THE DEPARTMENT AND
SHALL BE BASED ON THE WATER WITHDRAWALS FOR THE PREVIOUS CALENDAR YEAR,
AND SHALL INCLUDE BUT NOT BE LIMITED TO:
S. 59--B 96 A. 159--B
(A) THE WATER SOURCE, THE LOCATION OF THE WATER SOURCE AND THE SOURCE
CAPACITY IF KNOWN;
(B) THE AMOUNT OF WATER WITHDRAWN FOR THE REPORTING PERIOD, INCLUDING
THE AVERAGE OR PEAK WITHDRAWALS FOR INTERVALS SPECIFIED BY THE DEPART-
MENT;
(C) A DESCRIPTION OF THE USE OF THE WATER WITHDRAWN; AND
(D) ESTIMATED AMOUNTS OF WATER TO BE RETURNED, IF ANY, THE LOCATIONS
OF SUCH RETURNS AND THE METHOD OF SUCH RETURNS.
2. THE FOLLOWING WATER WITHDRAWALS ARE EXEMPT FROM THE REPORTING
REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION:
(A) A WITHDRAWAL FOR EMERGENCY FIRE SUPPRESSION OR OTHER PUBLIC EMER-
GENCY PURPOSES;
(B) A WITHDRAWAL REPORTED TO THE DEPARTMENT UNDER ANY PROGRAM THAT
REQUIRES THE REPORTING OF SUBSTANTIALLY SIMILAR DATA, INCLUDING WITH-
DRAWALS REGULATED PURSUANT TO THE SUSQUEHANNA RIVER BASIN COMPACT, THE
DELAWARE RIVER BASIN COMPACT, THE GREAT LAKES-ST. LAWRENCE RIVER BASIN
WATER RESOURCES COMPACT, PUBLIC WATER SUPPLY PERMITS, PERMITS FOR LONG
ISLAND WATER WELLS AND PERMITS ISSUED PURSUANT TO SECTION 15-1505 OF
THIS ARTICLE. THE DEPARTMENT SHALL RECORD SUCH WITHDRAWALS WITH THE
INFORMATION FROM WATER WITHDRAWALS REPORTED UNDER THIS PARAGRAPH;
(C) CLOSED LOOP, STANDING COLUMN, OR SIMILAR NON-EXTRACTIVE GEOTHERMAL
HEAT PUMPS; AND
(D) RECLAIMED WASTEWATER WITHDRAWN FOR REUSE.
3. ALL PERSONS REQUIRED TO MAKE A REPORT UNDER THIS TITLE, EXCEPT FOR
WITHDRAWALS FOR AN AGRICULTURAL PURPOSE AND FOR A PUBLIC WATER SUPPLY
PURPOSE, SHALL SUBMIT TO THE DEPARTMENT A FEE WITH SUCH REPORT IN AN
AMOUNT OF FIFTY DOLLARS. FOR THE PURPOSE OF THIS SUBDIVISION, "AGRICUL-
TURAL PURPOSE" MEANS THE PRACTICE OF FARMING FOR CROPS, PLANTS, VINES
AND TREES, AND THE KEEPING, GRAZING, OR FEEDING OF LIVESTOCK FOR SALE OF
LIVESTOCK OR LIVESTOCK PRODUCTS; AND "PUBLIC WATER SUPPLY PURPOSE" SHALL
MEAN WATER USE BY A PUBLIC WATER SUPPLY SYSTEM.
4. REVENUE RECEIVED FROM THE REPORTING FEES SHALL BE DEPOSITED TO THE
CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO
SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
S 2. This act shall take effect April 1, 2009.
PART DDD
Section 1. The environmental conservation law is amended by adding a
new section 71-0213 to read as follows:
S 71-0213. MANDATORY SURCHARGE.
1. WHENEVER PROCEEDINGS RESULT IN A CONVICTION FOR AN OFFENSE UNDER
THIS CHAPTER THERE SHALL BE LEVIED, IN ADDITION TO ANY SENTENCE REQUIRED
OR PERMITTED BY LAW, THE FOLLOWING MANDATORY SURCHARGES: (A) IN THE
AMOUNT OF TWENTY-FIVE DOLLARS FOR VIOLATIONS OF SPORTFISHING REGULATIONS
SET FORTH IN 6 NYCRR 10; (B) IN THE AMOUNT OF SEVENTY-FIVE DOLLARS FOR
ALL OTHER OFFENSES UNDER THIS CHAPTER PROVIDED, HOWEVER, THAT
CONVICTIONS FOR OFFENSES UNDER ARTICLES SEVENTEEN, NINETEEN OR
TWENTY-SEVEN OF THIS CHAPTER SHALL BE SUBJECT TO A MANDATORY SURCHARGE
EQUAL TO THE GREATER OF SEVENTY-FIVE DOLLARS OR SIX PERCENT OF ANY
PENALTY OR FINE IMPOSED. THE MANDATORY SURCHARGE SHALL BE PAID TO THE
CLERK OF THE COURT WHO SHALL REMIT SUCH MANDATORY SURCHARGE TO THE STATE
COMPTROLLER PROVIDED, HOWEVER, THAT IN CASES WHERE THE CONVICTION WAS
RENDERED BY A TOWN OR A VILLAGE JUSTICE COURT, THE CLERK OF SUCH COURT
SHALL PAY TWENTY-FIVE DOLLARS OF SUCH SURCHARGE TO THE CHIEF FISCAL
OFFICER OF THE TOWN OR VILLAGE IN THE CASE OF SURCHARGES RESULTING FROM
S. 59--B 97 A. 159--B
PARAGRAPH (B) OF THIS SUBDIVISION AND TEN DOLLARS IN THE CASE OF
SURCHARGES RESULTING FROM PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL
PAY THE REMAINING AMOUNTS OF SUCH MANDATORY SURCHARGES TO THE STATE
COMPTROLLER IN THE SAME MANNER AS PROVIDED IN SECTION 71-0211 OF THIS
ARTICLE. THE COMPTROLLER SHALL PAY SUCH MONIES INTO THE STATE TREASURY
TO THE CREDIT OF THE GENERAL FUND.
2. ANY PERSON WHO HAS PAID A MANDATORY SURCHARGE UNDER THE AUTHORITY
OF THIS SECTION WHICH IS ULTIMATELY DETERMINED NOT TO BE REQUIRED BY
THIS SECTION SHALL BE ENTITLED TO A REFUND OF SUCH MANDATORY SURCHARGE
UPON APPLICATION TO THE STATE COMPTROLLER. THE STATE COMPTROLLER SHALL
REQUIRE SUCH PROOF AS IS NECESSARY TO DETERMINE WHETHER A REFUND IS
REQUIRED BY LAW.
S 2. This act shall take effect immediately, provided, however the
provisions of this act shall only apply to offenses committed on or
after April 1, 2009.
PART EEE
Section 1. The New York state urban development corporation shall
submit for approval to the director of the budget a comprehensive finan-
cial plan for the corporation and its subsidiaries for expenditures,
regardless of source, including but not limited to those from the debt
service account, the excess debt service account, the housing repair and
modernization fund account, the interest income account, and the econom-
ic development income account, in such detail as the director of the
budget may require. The director of the budget shall file copies of such
financial plan with the senate finance committee, the assembly ways and
means committee and the department of audit and control in both paper
and electronic format.
S 2. 1. Notwithstanding any provision of law to the contrary, the New
York state urban development corporation shall establish accounts and
subaccounts within the treasury of such corporation which shall reflect
and consist of all funds made available to such corporation, at any
time, from any sources for its corporate purposes. Such account shall
consist of, but not be limited to, the following:
(i) general and administrative accounts, which shall consist of all
funds made available for the operational expenses of such corporation;
(ii) general and administrative accounts of certain subsidiary corpo-
rations, which shall consist of all funds made available for the opera-
tional expenses of the mortgage loan enforcement and administration
corporation and the 42nd street development project, incorporated,
provided, however, that such subsidiary shall be established as a sepa-
rate account;
(iii) debt service account, which shall consist of all funds made
available for debt service payments on the outstanding general obli-
gations of the corporation where the original issue of such bonds or
notes was prior to April 1, 1976, and including any refinancing or
renewal of such bonds and notes, provided such account shall not, in any
manner, reduce any debt service reserve fund below a level agreed to
pursuant to a statute, covenant or other contract between the corpo-
ration and such bondholders or noteholders;
(iv) excess debt service account, which shall consist of all funds
made available from the net savings achieved as a result of the refund-
ing of the corporation's general purpose bonds authorized pursuant to
resolution number 96-ud-526 of the public authorities control board. Net
savings shall be determined by the difference between annual debt
S. 59--B 98 A. 159--B
service payments which would have been required pursuant to the refunded
bonds and the annual debt service payments for the corporation's corpo-
rate purpose bonds issued to accomplish such refunding;
(v) housing repair and modernization fund account, which shall consist
of funds made available from the excess debt service account to assist
in maintaining the residential and commercial portfolios of the corpo-
ration as determined by the chairman of the corporation or his designee;
(vi) buildout account, which shall consist of all funds made available
for the payment of expenses associated with final settlements on remain-
ing issues of construction costs and mortgage amounts on residential and
nonresidential projects financed by the corporation;
(vii) project repair account, which shall consist of all funds made
available for the maintenance, servicing or repairing of real property
in the residential, industrial and commercial portfolios of such corpo-
rations;
(viii) economic development income account, which shall consist of all
payments, including payments to compensate for any funds, time or other
costs provided by the corporation in relation to nonresidential projects
and all other reimbursable corporate service income from economic devel-
opment projects and payments which are provided to such corporation for
purposes of repayment of funds in respect to any contract or other
agreements entered into by the corporation which are attributable to any
economic development project of the corporation, provided, however, that
such account shall not include funds representing repayments which are
to be returned to the development of such project pursuant to any
contract or other agreement entered into by the corporation;
(ix) economic development program and project accounts, which shall
consist of all funds made available for specific economic development
programs and projects excluding any program or project authorized by a
resolution or other action of the corporation prior to April 1, 1976,
and excluding any residential project, provided, however, that each
specified program and project shall be established as a separate account
unless otherwise authorized pursuant to an appropriation;
(x) new communities and community support account, which shall consist
of all funds made available for, and all income received from the Audu-
bon and Radisson communities;
(xi) Roosevelt Island operating corporation account, which shall
consist of all funds made available for, and all income received from
the Roosevelt Island community;
(xii) interest income account, which shall consist of all moneys
earned by the corporation from investment of any funds available in the
accounts and subaccounts within the treasury of the corporation; and
(xiii) mortgage servicing fee account, which shall consist of all
funds made available to the mortgage loan enforcement and administration
corporation for the payment of fees to the housing special revenue
account of the miscellaneous special revenue fund associated with the
provision of mortgage servicing activities by the division of housing
and community renewal.
2. The amounts deposited in any such account may be interchanged with
any other account for purposes of investment and may be commingled,
provided, however, that such interchange may not increase or decrease
any account, other than the debt service account, and the interest
income account, by more than five percent in the aggregate in the entire
period of any fiscal year of the corporation. Provided further, that in
addition to any other specific exception provided for in this section,
the following exemptions to the above interchange provision shall apply
S. 59--B 99 A. 159--B
for the purposes of the debt service account, the interest income
account, the project repair account, the mortgage servicing fee account,
the general and administrative account of the mortgage loan enforcement
and administration corporation, excess debt service account, housing
repair and modernization fund account, Roosevelt Island operating corpo-
ration account and the economic development income account:
(i) Interchange from the debt service account to any other account
shall be unlimited, but all such transfers from the debt service account
shall be repaid quarterly to such account on or before June 30, 2009,
September 30, 2009, December 31, 2009 and March 31, 2010, except for:
(A) $30,762,000 which shall be transferred to the general and adminis-
trative account from the debt service account during the state fiscal
year commencing April 1, 2009, and such amount of $30,762,000 shall not
be repaid to the debt service account; (B) $2,000,000 which shall be
transferred to the general and administrative account of the 42nd street
development project, incorporated and which shall be repaid pursuant to
a repayment agreement as set out in paragraph (vi) of this subdivision.
(ii) Interchange from the excess debt service account shall be unlim-
ited, but all such transfers from the excess debt service account shall
be repaid quarterly to such account on or before June 30, 2009, Septem-
ber 30, 2009, December 31, 2009, and March 31, 2010, except for: (A) an
amount sufficient to fund the housing repair and modernization fund
account to assist in maintaining the residential and commercial portfo-
lios of the corporation as determined by the chairman of the corporation
or his designee; (B) an amount necessary to invest in the job develop-
ment authority, as certified by the chairman of the authority or his
designee, to provide funds in order to pay lawful debts of the authority
provided that the corporation shall not make any payment or investment
for the benefit of the authority unless and until it has independently
verified that the authority does not have sufficient funds available to
pay its lawfully incurred debts and obligations, and with any net
savings which remain and are available; (C) all remaining balances of
funds contained in the excess debt service account shall be remitted to
the credit of the state of New York general fund not later than March
31, 2009.
(iii) Interchange from the interest income account, other than to the
general and administrative account of the mortgage loan enforcement and
administration corporation, may be unlimited.
(iv) Interchange to the project repair account from any account may be
unlimited, and the corporation shall transfer up to $10,000,000 to such
account from any account during the fiscal year commencing April 1,
2009, and such amount up to $10,000,000 shall not be repaid.
(v) Interchange between the general and administrative account of the
mortgage loan enforcement and administration corporation and any other
account shall comply with the provisions specified herein, except that
up to $1,700,000 shall be transferred to such subsidiary corporation
during the fiscal year commencing April 1, 2009 and any such amount
shall not be repaid.
(vi) An advance up to $2,000,000 may be made from the debt service
account to the general and administrative account of the 42nd street
development project, incorporated, provided, however, that before such
advance is made the New York state urban development corporation shall
enter into an agreement with the director of the budget providing for
repayment of such advance. Subject to the approval of the director of
the budget, and notification of the chairs of the assembly ways and
means and the senate finance committees in both paper and electronic
S. 59--B 100 A. 159--B
format, the corporation is hereby authorized to expend revenues of the
project for services and expenses of the corporation. The total amount
expended by the 42nd street development project, incorporated shall not
exceed $2,000,000 and any unexpended project revenues shall be used to
reduce the total advance provided to the project from the debt service
account.
(vii) Interchange from the debt service account to the mortgage
servicing fee account of the mortgage loan enforcement and adminis-
tration corporation shall comply with the provisions specified herein,
except that up to $2,838,000 shall be transferred to such mortgage
servicing fee account during the fiscal year commencing April 1, 2009
and such amount shall not be repaid. Prior to the allocation of any
moneys from the debt service account to the 42nd street development
project, incorporated, and the mortgage loan enforcement and adminis-
tration corporation for the fiscal year commencing April 1, 2009, each
corporation shall submit for approval to the director of the budget, a
comprehensive financial plan for each corporation for such fiscal year,
in such detail as the director of the budget shall require in both paper
and electronic format. The financial plan shall be submitted to the
budget director on or before May 15, 2009. A report for each plan and
any plan update, if necessary, shall be submitted to the director of the
budget on or before August 15, 2009, November 15, 2009 and February 15,
2010. Each such report shall provide the actual revenue and expenditures
for the preceding quarters ending June 30, 2009, September 30, 2009 and
December 31, 2009, in such detail as the director of the budget shall
require. Further, any plan update shall revise, where necessary, the
revenue and expenditure plan for each corporation for the remainder of
the fiscal year beginning April 1, 2009. No transfer to the general
administrative account of the corporation shall occur prior to the
approval of the financial plan and unless in compliance with the
approved financial plan.
The director of the budget shall file copies of such financial plans,
quarterly reports and any plan updates with the department of audit and
control and the senate finance committee and the assembly ways and means
committee in both paper and electronic format. Interchange made to the
debt service account shall not be repaid if such payment would reduce
any debt service or debt service reserve requirements below any amount
required pursuant to a covenant, contract or other agreements with the
bondholders and noteholders. No payments or deposits shall be made from
any debt service reserve fund established pursuant to the provisions of
section 20 of the New York state urban development corporation act to
any account of the corporation other than the debt service account; and
such payment or deposit shall only occur if deemed necessary to meet the
payments specified in the debt service account described herein.
Provided further, (a) that such investment shall be made pursuant to
the provisions of subdivision 22 of section 5 of the New York state
urban development corporation act; (b) that such investment shall be
made in a fashion which shall enable the corporation to timely meet its
obligations; (c) that such investment shall be specified in each account
in respect to the amount contributed, and that upon termination of such
investment each account shall be reimbursed. Such account and subaccount
shall be included in detailed quarterly reports of the corporation
commencing with the quarterly report for the period immediately preced-
ing April 1, 2009 which set forth the status of all such accounts,
including for each account and subaccount the amount in such accounts at
the beginning of such quarter (from and including the entire period of
S. 59--B 101 A. 159--B
the first day of the operative calendar year), the payments of such
accounts, the payments from such accounts and the amount in such
accounts at the close of such quarter (to and including the entire peri-
od of the last day of the operative calendar year). Such detailed quar-
terly report shall be prepared and submitted within 30 days of the close
of each fiscal quarter of the corporation to the director of the budget,
and the chair of the senate finance committee and the chair of the
assembly ways and means committee in both paper and electronic format.
Such accounts and subaccounts shall be detailed in the annual report of
the corporation.
No disbursements or payments shall be made from the economic develop-
ment income account or the interest income account except upon a request
for the transfer of such funds to the director of the budget who shall
file such request and approval thereof with the department of audit and
control and copies thereof with the senate finance committee and the
assembly ways and means committee in both paper and electronic format,
except that such prior approval shall not be required in respect to
repayments to the state. Any amounts in any debt service reserve funds,
any inconsistent provisions of law notwithstanding, established by the
corporation pursuant to the provisions of section 20 of the New York
state urban development corporation act, which would not reduce the
amount of such fund or funds to less than (1) the maximum amount of
principal and interest maturing and becoming due in 2009 or (2) any
amount required pursuant to a covenant, contract or other agreement with
bondholders and noteholders shall be paid by the corporation to the
state comptroller for deposit to the credit of the general fund of the
state on or before March 1, 2010. In the event that the corporation
shall fail to make such payment, the comptroller shall withhold from any
appropriations otherwise available to the corporation, the amount suffi-
cient to pay to the general fund the amounts required to be paid by the
corporation pursuant to the foregoing provisions. The state comptroller
shall create accounts for each item of appropriation.
S 3. This act shall take effect April 1, 2009; 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, 2009; and provided further that sections one and two of
this act shall expire and be deemed repealed March 31, 2010.
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 EEE of this act shall
be as specifically set forth in the last section of such Parts.