senate Bill S2810C

Signed By Governor
2011-2012 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 31, 2011 signed chap.60
Mar 30, 2011 delivered to governor
Mar 29, 2011 returned to senate
passed assembly
message of necessity - 3 day message
ordered to third reading rules cal.10
substituted for a4010c
referred to ways and means
delivered to assembly
passed senate
message of necessity
ordered to third reading cal.277
print number 2810c
amend (t) and recommit to finance
Mar 12, 2011 print number 2810b
amend (t) and recommit to finance
Feb 25, 2011 print number 2810a
amend (t) and recommit to finance
Feb 01, 2011 referred to finance

Votes

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Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S2810 - Bill Details

See Assembly Version of this Bill:
A4010C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2810 - Bill Texts

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

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BILL NUMBER:S2810

TITLE OF BILL:

An act
to authorize funding for the Consolidated Local Street and Highway
Improvement Program (CHIPS) and Marchiselli program for state fiscal
year 2011-2012 (Part A);
to amend chapter 279 of the laws of 1998 amending the transportation law
relating to enabling the commissioner of transportation to establish a
single audit pilot program, in relation to making such provisions
permanent (Part B);
to amend chapter 312 of the laws of 1994, amending the vehicle and
traffic law relating to suspensions of licenses pending prosecution of
certain alcohol-related charges, and authorizations for probationary and
conditional drivers' licenses, in
relation to the effectiveness thereof (Part C);
to amend chapter 533 of the laws of 1993, amending the vehicle and
traffic law and the correction law relating to suspension and revocation
of driver's licenses upon conviction of certain drug-related offenses,
in relation to the effectiveness thereof (Part D);
to amend chapter 569 of the laws of 1981, amending the vehicle and
traffic law relating to motor vehicle liability insurance, financial
security, criminal acts and penalties for non-compliance, in relation to
making provisions permanent; and
to amend chapter 781 of the laws
of 1983, amending the vehicle and traffic law and other laws relating to
motor vehicle liability insurance, financial security, criminal acts and
certain penalties for non-compliance, in relation to making
provisions permanent (Part E);
to amend the vehicle and traffic law and the criminal procedure law, in
relation to governing operators of commercial motor vehicles and federal
requirements for medical certification pertaining to such operators
(Part F);
to amend chapter 393 of the laws of 1994 amending the New York state
urban development corporation act, relating to the powers of the New
York state urban development corporation to make loans, in relation to
the effectiveness thereof (Part G);
to amend the state finance law, in relation to the excelsior linked
deposit act (Part H);
to amend part U of chapter 57 of the laws of 2005
amending the labor law and other laws implementing the state fiscal plan
for the 2005-2006 state fiscal year,
relating to New York
state higher education matching grant program for independent colleges,
in relation to the
effectiveness thereof (Part I);
to amend the public authorities law, in relation to the state
governmental cost recovery system;
and to repeal section 2975-a of such law
relating thereto (Part J);
to amend the executive law, in relation to the community services block
grant program; and to amend chapter 728 of the laws of 1982 and chapter
710 of the laws of 1983, amending the executive law relating to
community services block grant programs, in relation to the
effectiveness thereof (Part K);
to amend chapter 21 of the laws of 2003, amending the executive law


relating to permitting the secretary of state to provide special handling
for all documents filed or issued by the division of corporations and to
permit additional levels of such expedited service, in relation to the
effectiveness thereof (Part L);
to amend the public service law and the real property tax law, in
relation to repealing the Tug Hill commission and to repeal certain
provisions of the executive law and the public service law relating
thereto (Part M);
to amend the executive law, in relation to the salary of the chairperson
of the New York State athletic commission (Part N);
to amend
the executive law, the economic development law and the state
administrative procedure act, in relation to the removal of statutory
references to the governor's office of regulatory reform; and to repeal
subdivision 8 of section 202-b of the state administrative procedure
act, relating thereto (Part O);
to authorize and direct the New York state energy research and
development authority to make a payment to the general fund of up to
$913,000 (Part P);
to authorize the New York State Energy Research and Development
Authority to finance a portion of its research, development and
demonstration and policy and planning programs from assessments on gas
and electric corporations (Part Q);
to authorize the department of health to finance certain activities with
revenues generated from an assessment on cable television companies
(Part R);
to amend the environmental conservation law and chapter 67 of the laws
of 1992 amending the environmental conservation law relating to
pesticide product registration timetables and fees, in relation to
pesticide registration time frames and fees (Part S);
to amend the agriculture and markets law, authorizing the commissioner
of agriculture and markets to establish a competitive grants program
(Part T);
to amend the New York state urban development corporation act,
in relation
to the healthy food/communities initiative; to amend the agriculture and
markets law, in relation to authorizing the establishment of a revolving
loan fund; and to amend the agriculture and markets law, in relation to
state aid for farmers' markets (Part U);
to amend the state finance law, in relation to the "I Love NY waterways"
boating safety account; and to repeal
article 4-A of the navigation law, relating to
enforcement by counties (Part V);
to amend the state finance law, in relation to the transfer of tribal
compact revenue to the general fund and to the city of Niagara Falls
(Part W);
to amend the racing, pari-mutuel wagering and breeding law, in relation
to assessing a surcharge on purses (Part X);
to amend the general business law, in relation to increasing the term of
licensure and registration from two to four years (Part Y);
and to amend the real property tax law, the general municipal law, the
public officers law, the tax law, the abandoned property law and the
state finance law, in relation to establishing standards for electronic
real property tax administration, allowing the department of taxation
and finance to use electronic communication means to furnish tax notices
and other documents, mandatory electronic filing of tax documents, debit
cards issued for tax refunds, improving sales tax compliance and to


repeal certain provisions of the tax law and the administrative code
of the city of New York relating thereto (Part Z)

PURPOSE:

This bill contains provisions needed to implement the Transportation,
Economic Development and Environmental Conservation portions of the
2011-12 Executive Budget.

This memorandum describes Parts A through Z of the bill which are
described wholly within the parts listed below.

Part A - Provide the annual authorization for the Consolidated Local
Street and Highway Improvement Program (CHIPS) and Marchiselli
programs.

Purpose:

This bill authorizes funding for the Consolidated Local Street and
Highway Improvement Program (CHIPS) and Marchiselli Programs for
State Fiscal Year 2011-12.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

This bill authorizes the CHIPS and Marchiselli capital aid programs to
counties, cities, towns and villages for State Fiscal Year 2011-12 at
$363.1 million and $39.7 million, respectively.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget because annual authorization is required for these
programs.

Effective Date:

This bill takes effect immediately.

Part B - Permanently extend Department of Transportation Single Audit
Program.

Purpose:

This bill makes permanent the provisions of Transportation Law § 21,
which unifies and simplifies the audit process for State
transportation assistance to municipalities and public authorities by
aligning that process with the federal single audit.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Transportation Law § 21 applies to municipalities and public
authorities with annual State transportation assistance spending in
excess of $100,000 for programs administered by the New York State
Department of Transportation (DOT). In cases where such entity is


already required to perform a federal single audit under the Federal
Single Audit Act of 1984, the current law allows an independent
certified public accountant to conduct an audit of State funds
received by a municipality at the same time and in the same format as
they conduct the federal audit, thereby satisfying State audit
requirements and eliminating the need for examination by State
auditors.

DOT benefits from having audit information collected in a uniform,
simplified, and reliable manner. Since the inception of Section 21,
there has been a decrease in workload for DOT auditors, allowing more
time for audits of State-only programs and smaller programs. The
municipalities and authorities that receive State transportation
assistance benefit by performing both federal and State audits in a
unified and simplified manner.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget because the Department would incur approximately
$300,000 in additional annual auditing costs for these programs in
the absence of the single audit legislation.

Effective Date:

This bill takes effect immediately.

Part C - Permanently extend suspension of drivers' licenses for
certain alcohol related charges.

Purpose:

This bill prevents the State from losing vital transportation capital
grants from the Federal government, by conforming State law to
federal requirements regarding penalties for use of alcohol while
operating motor vehicles.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

This bill amends Section 7 of Chapter 312 of the Laws of 1994
(pertaining to Vehicle and Traffic Law) to avoid losing federal
highway assistance funding. This bill makes permanent the State's
conformance to federal law by removing the expiration date for the
statute that imposes a suspension of driving privileges upon those
charged with
driving while intoxicated. Failure to enact this legislation results
In non-compliance with Title 23 use. § 164. causing the Department of
Transportation a three percent annual loss of certain federal highway
funds (Surface Transportation Program, Interstate Maintenance, and
National Highway System).

These provisions have been extended repeatedly, most recently by Part
C of Chapter 59 of 2009, which extended the law until October 1,
2011 (after the end of the Federal fiscal year).

Budget Implications:


Enactment of this bill is necessary to implement the 2011-12 Executive
Budget because failure to do so would require the State to transfer
highway capital funds ($10.75 million in 2011-12 and $21.5 million
annually thereafter) to highway safety programs.

Effective Date:

This bill takes effect on April 1 ,2011.

Part 0 -_ Permanently extend suspension/revocation of drivers' licenses
for certain drug-related offenses.

Purpose:

This bill prevents the State from losing vital transportation capital
grants from the Federal government, by conforming State law to
federal requirements regarding penalties for use of drugs while
operating motor vehicles.

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

This bill amends Section 9 of Chapter 533 of the Laws of 1993
(pertaining to Vehicle and Traffic Law and Correction Law) to avoid
losing federal highway assistance funding.
This bill makes permanent the State's conformance to federal law by
removing the expiration date for the statute that imposes a
suspension of driving privileges upon those convicted of certain
drug-related crimes. Failure to enact this legislation would result
in non-compliance with Title 23 USC, § 159, causing a ten percent
annual loss of certain federal highway funds (surface Transportation
Program, Interstate Maintenance, and National Highway System).

These provisions have been extended repeatedly, most recently by Part
D of Chapter 59 of 2009, which extended the law until October 1,2011
(after the end of the Federal fiscal year).

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget because failure to do so would cost the State ten percent of
certain categories of federal highway capital funds ($35.8 million in
2011-12 and $71.6 million annually thereafter).

Effective Date:

This bill takes effect on April 1, 2011.

Part E - Make permanent provisions relating to the Motor Vehicle
Financial Security Act.

Purpose:

This bill makes permanent certain provisions relating to the Motor
Vehicle Financial Security Act. A portion of the proceeds from the
penalties assessed for lapsed insurance coverage are deposited in the
Department of Motor Vehicle's (DMV's) Compulsory Insurance Fund,


which supports DMV's efforts to ensure that motorists are properly
insured.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

This bill makes permanent the requirement that motorists maintain
vehicle insurance at all times as well as the related fines and
penalties for non compliance.

The mission of the Motor Vehicle Financial Security Act is to ensure
driver safety. The related fines and penalties allow DMV to
effectively administer the Program.

These provisions were most recently extended in 2009.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget to generate $24 million in revenue for 2011-12 and
thereafter.

Effective Date:

This bill takes effect June 30, 2011.

Part F - Conform the Vehicle and Traffic Law to Federal requirements,
governing operators of commercial motor vehicles and medical
certification requirements.

Purpose:

This bill conforms the Vehicle and Traffic Law (VTL) to federal
requirements governing operators of commercial motor vehicles and
medical certification requirements pertaining to such operators.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Recent amendments to New York State Law brought New York State largely
into compliance with the Motor Carrier Safety Improvement Act of 1999
(MCSIA) and the Commercial Motor Vehicle Safety Act of 1986 (CMVSA).
However, the Federal Motor Carrier Safety Administration (FMCSA)
conducted an audit in October of 2009 to assess New York's compliance
with federal law and found several areas of noncompliance.

In November of 2010, New York State received a Final Determination of
Substantial Noncompliance from the Federal Motor Carrier Safety
Administration (FMCSA) regarding New York's commercial driver license
(CDL) program. This bill addresses the deficiencies noted in the
audit and is necessary to avoid the loss of highway funding and the
potential for decertification. Failure to meet federal requirements
could result in the loss of $35 million in federal highway funds in
SFY 2011-12.

The federal audit found three deficiencies:


1. Although the Department of Motor Vehicles (DMV) retains the records
related to major disqualifying violations committed by CDL holders
for 55 years, DMV does not retain such records for the same time
period if the offense is committed by a non-CDL holder who operated a
commercial motor vehicle at the time of the offense. This bill
provides that major disqualifying violations committed in commercial
motor vehicles shall be retained for 55 years. (49 CFR §§384.225 and
384.231)

2. Vehicle and Traffic Law currently does not mandate court reporting
of traffic related convictions committed by out-of-state CDL holders
or by out-of-state nonCDL holders operating commercial motor vehicles
to DMV in a manner that would achieve compliance with federal law
that requires states to report such convictions to the out-of-state
licensees' home jurisdiction within 10 days. It is necessary for the
courts to transmit such convictions within 96 hours so that DMV has
sufficient time to complete the transfer of information to the home
jurisdiction. (49 CFR §384.209) This is consistent with the current
requirement for reporting convictions that result in action against a
driver's license. (VTL §514(1 )(b))

3. Criminal Procedure Law (CPL) §170.55, which addresses adjournment
in contemplation of dismissal, establishes a "masking" or "diversion"
program, which is prohibited by 49 CFR §384.226. To comply with this
determination, this bill prohibits a court from issuing such an
adjournment if the offense involves a traffic violation committed by
a CDL holder or is committed in a commercial motor vehicle.

In addition to the deficiencies outlined above, on May 21, 2010 the
FMCSA adopted 49 C.F.R. §391.41 to set forth the requirements to be
implemented by the states to insure that CDL holders are medically
qualified. This bill also implements the requirements of this
recently adopted federal rule.

The final federal rule regarding FMCSA's medical certification
requirements requires that a commercial driver's medical
certification information be linked directly to his or her CDL.
States have until January 30, 2012 to modify their systems and
processes to be in compliance with federal requirements. (49 C.F.R.
§383.73(a)(5)).

Starting on January 30, 2012, new COL applicants will be required to
self-certify to DMV regarding the type of driving they will perform
and, if appropriate, that they are not subject to the federal
physical qualification rules. Such applicants will also submit a
valid medical certificate and, if applicable, a valid medical
variance to DMV. Starting in 2012, existing CDL holders will be
required to self-certify to DMV regarding the type of driving they
perform and, if appropriate, that they are not subject to the federal
physical qualification rules. Those CDL holders who are subject to
the physical qualification requirements will have to submit a valid
medical certificate (and; if applicable, a valid medical variance) to
DMV. DMV in turn will be required to receive this data and post
required information onto a national databank of commercial driver
information. Under the federal rules, DMV must "downgrade" a CDL if a
driver fails to provide the required self-certification and/or
medical certificate/variance to DMV. The federal rules also require


that states impose -. at the very minimum - a 60-day suspension of a
CDL where a CDL-holder is found to have falsified information in
certain documents.

This bill gives DMV the needed authority to accomplish the mandated
downgrade via a suspension of the CDL, as well as provide for the
restoration of the CDL upon the submission of the required
documentation and upon the happening of certain other events. The
bill also grants DMV express authority to suspend a CDL upon DMV's
receipt of information from the issuer that a medical certificate or
variance was issued by mistake. The bill also provides fora one-year
CDL revocation for falsification of information, which is in keeping
with the one-year revocations currently mandated or authorized for
VTL section 392 violations. The bill also requires CDL-applicants to
submit a medical certificate to DMV and authorizes DMV to suspend a
CDL learner's permit if - after issuance of the permit - the medical
certificate expires.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget because failure to enact this legislation could
result in the loss of $35 million in federal highway funds.

Effective Date:

Bill sections 1 and 7 takes effect on the 60th day following
enactment, and bill sections 2,3,4,5 and 6 takes effect on January
30, 2012.

Part G - Make permanent the general loan powers of the New York State
Urban Development Corporation.

Purpose:

This bill makes permanent the general loan powers of the New York
State Urban Development Corporation (UDC).

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

Chapter 393 of the Laws of 1994 provides UDC with the general power to
make loans.
This authorization has been renewed annually and is currently set to
expire on July 1, 2011.

Several similar bills repealing the sunset provision have previously
been introduced, but such bills were not enacted. Provisions to
extend the sunset date have been enacted each year since 1997.

Absent enactment of this bill, UDC will only be authorized to make
loans in connection with certain State-funded economic development
programs that have statutory loan authorization.

Budget Implications:


Enactment of this bill is necessary to implement the 2011-2012
Executive Budget, which assumes that UDC will provide certain
economic development assistance through loans, rather than grants.
Absent this legislation, the UDC could not fund approved loans being
made. by the Metropolitan Economic Revitalization Fund.

Effective Date:

This bill takes effect immediately.

Part H - Modify the Linked Deposit Program to increase the lifetime
maximum per eligible business from $1 million to $2 million.

Purpose:

This bill increases the lifetime maximum of a linked deposit loan from
$1 million to $2 million and allows for a four year renewal of a
linked deposit loan.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

This bill amends State Finance Law § 217 to increase the lifetime
maximum of a linked deposit loan from $1 million to $2 million. In
addition, this bill adds a new State Finance Law § 220, which allows
for a four year renewal of a Linked Deposit loan.

The Linked Deposit Program helps New York State firms obtain
reduced-rate financing so they can undertake projects to improve
their competitiveness, market access and product development;
modernize their equipment; expand their facilities for productivity
growth; introduce new technologies; facilitate ownership transition;
and promote job creation and retention. Funding for the Linked
Deposit Program stands at $560 million, and currently has excess
capacity of $192 million. Moreover, 300 participants have reached the
lifetime maximum loan amount of $1 million. Increasing the lifetime
limit will expand utilization of the Program, and increase the amount
of funds available for New York's small businesses to grow and create
new jobs.

The risk that such added funding would be misused is minimal since all
projects must provide evidence of economic expansion, such as job
creation or development of a new facility. Additionally, allowing for
the renewal of a linked deposit loan for four additional years is
warranted, as borrowers have expressed interest in such an extension,
and the increased timeframe of the benefit should help companies to
create jobs and expand growth during these difficult economic times.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget, because increasing utilization of the Linked
Deposit Program will make more capital available to small businesses
in New York. Allowance of a four-year renewal on linked deposit loans
should assist companies in creating jobs and expand economic growth.

Effective Date:


This bill takes effect immediately.

Part 1 - Extend the New York State Higher Education Capital Matching
Grant Program.

Purpose:

This bill extends the New York State Higher Education Capital (HECap)
Matching Grant program for one additional year.

Statement in Support, Summary of Provisions Existing Law, and
Prior Legislative History:

The 2005-06 Enacted Budget authorized the creation of the $150 million
New York State HECap Matching Grant Program to support capital
projects at the State's various independent colleges. Projects are
selected through a formula-driven process and must have a three to
one (non-State to State) dollar match by eligible academic
institutions.
To date, 124 projects totaling nearly $127 million have been approved.

With the HECap Program set to expire on March 31, 2011, a one year
extender ensures that all funds are provided to the remaining
eligible academic institutions in a fair and equitable manner. Absent
this legislation, the remaining HECap funds cannot be approved.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget, which assumes the entire $150 million in the HECap program is
provided to eligible academic institutions.

Effective Date:

This bill takes effect immediately.

Part J - Clarify the State Governmental Cost Recovery System.

Purpose:

This bill amends the Public Authorities Law to increase the amount
that the State may recover from public benefit corporations for costs
incurred by the state.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Public benefit corporations use state resources for their activities.
Currently, the law only permits the state to recover up to 55 million
dollars in such costs. This bill provides
that the state may recover up to 60 million dollars from public
benefit corporations to recover those costs.

This bill also repeals Public Authorities Law § 2975-a, which
addresses prospective recovery of costs from IDA's.

Budget Implications:


Enactment of this bill is necessary to implement the 2011-12 Executive
Budget.

Effective Date:

This bill takes effect immediately.

Part K - Permanently establish the distribution formula for the
Community Services Block Grant Program.

Purpose:

This bill makes permanent the distribution formula for the Community
Services Block Grant Program.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

Section 150-i of the Executive Law in relation to the distribution
formula for the Federal Community Services Block Grant (CSBG) Program
expires on September 30, 2011.
Historically, this statute has been extended annually to authorize the
Department of State (DOS) to distribute Federal grant awards to
community action agencies. The formula is set in accordance with
federal law, and there is no purpose in allowing it to lapse every
year. Further, making this provision permanent would remove any
danger that federal aid could be endangered by its lapse.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget. DOS has administered the Community Services Block Grant
Program since 1982. The Department's authority to distribute CSBG
funds is predicated upon the receipt of funding from the Federal
government. The Department anticipates continued Federal funding for
the CSBG Program and the State Financial Plan assumes these funds
will be disbursed during the 2011-12 State Fiscal Year.

Effective Date:

This bill takes effect immediately.

Part L - Permanently establish the authority of the Secretary of State
to charge increased fees for expedited handling of documents.

Purpose:

This bill makes permanent provisions of law permitting the Secretary
of State to charge increased fees for the expedited handling of
documents issued by or requested from the Department's Division of
Corporations, and setting timeframes for the handling of such
documents. The increased fees for expedited handling are necessary to
reimburse the Department of State for increased administrative costs
associated with expedited handling.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:


The Executive Law currently authorizing the Secretary of State to
charge increased fees for expedited handling expires on March 31,
2011. Historically this statute has been extended annually to
coincide with the enactment of the Budget. An annual sunset of the
funding needed for a service provided by the Department of State to
the business community is inefficient.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget. The 2011-12 Executive Budget assumes that expedited handling
fees will be enacted since the costs associated with expedited
handling are greater than traditional requests.
Failure to enact this legislation will result in annual revenue losses
of approximately $3.5 million, forcing the Department to bear the
additional costs related to expedited services without supporting
revenues.

Effective Date:

This bill takes effect immediately.

Part M - Dissolve the Tug Hill Commission.

Purpose:

This bill removes all references to the Tug Hill Commission in State
law to facilitate the dissolution of the Commission as recommended in
the Executive Budget.

Statement in Support, Summary of Provision,. Existing Law, and
Prior Legislative History:

The Tug Hill Commission provides various forms of technical and other
assistance to local governments in the Tug Hill region of New York,
located between the Adirondacks and Lake Ontario. The Commission's
programs are not essential for maintaining vital State services
during this period of fiscal austerity, since the services it offers
can also be provided by the Department of State's Local Government
and Community Services Program. The annual expenses of the Commission
are supported through General Fund appropriation.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget as the State Financial Plan assumes $1.226 million
in recurring savings resulting from the dissolution of the Tug Hill
Commission.

Effective Date:

This bill takes effect immediately.

Part N - Eliminate the salary for the Chair of the State Athletic
Commission.

Purpose:


This bill amends the Executive Law to eliminate the statutorily
mandated salary of the Chair of the New York State Athletic
Commission. The Commission would continue to exist, but the Chair
position would no longer be funded.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

The State Athletic Commission regulates and supervises all activities
related to boxing and wrestling contests, matches and exhibitions
including granting licenses to applicants, enforcing rules and
regulations, and evaluating medical and safety standards to ensure
the health and safety of boxers and wrestlers. While the Commission
performs essential services on behalf of the State, it can do so
without a full-time salaried Chair. This bill achieves Financial Plan
savings by eliminating the statutorily mandated salary of the Chair
of the State Athletic Commission.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget as the State Financial Plan assumes $154,000 in
recurring savings resulting from not funding the State Athletic Chair
position.

Effective Date:

This bill takes effect immediately.

Part 0 - Eliminate statutory references to the Governor's Office of
Regulatory Reform.

Purpose:

This bill removes all statutory references to the Governor's Office of
Regulatory Reform (GORR) to facilitate the dissolution of the agency.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

The Governor's Office of Regulatory Reform, along with its mission and
powers, was established through Executive Order (EO 20 of 1995) and
is referenced in various provisions of State law. This bill removes
all statutory references to the Governor's Office of Regulatory
Reform to facilitate the agency's complete dissolution.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget as the State Financial Plan assumes approximately $1.5 million
in savings from the elimination of the Governor's Office of
Regulatory Reform.

Effective Date:

This bill takes effect immediately.


Part P - Authorize and direct the Comptroller to receive for deposit
to the credit of the General Fund a payment of up to $913,000 from
the New York State Energy Research and Development Authority.

Purpose:

This bill authorizes and directs the Comptroller to receive for
deposit to the credit of the General Fund a payment of up to $913,000
from the New York State Energy Research and Development Authority
(NYSERDA).

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

This bill authorizes and directs the Comptroller to receive for
deposit to the credit of the General Fund a payment of up to $913,000
from NYSERDA from unrestricted corporate funds. The $913,000 transfer
will help offset New York State's debt service requirements relating
to the Western New York Nuclear Service Center (West Valley).
Chapter 59 of the Laws of 2010 provided a similar one-year
authorization.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget because it authorizes the Comptroller to accept from
NYSERDA $913,000 in payments to the General Fund as provided in the
Financial Plan.

Effective Date:

This bill takes effect immediately.

Part Q - Authorize the New York State Energy Research and Development
Authority to finance a portion of its research, development and
demonstration, and policy and planning programs, and to finance the
Department of Environmental Conservation climate change program, from
assessments on gas and electric corporations.

Purpose:

This bill authorizes the New York State Energy Research and
Development Authority (NYSERDA) to obtain revenue for certain
programs from a special assessment on gas corporations and electric
corporations collected pursuant to section 18-a of the Public Service
Law.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

The bill authorizes NYSERDA to finance its research, development and
demonstration, and policy and planning programs, and to finance the
Department of Environmental Conservation's climate change program,
from a special assessment on gas corporations and electric
corporations. Section 18-a of the Public Service Law authorizes the
Department of Public Service to assess gas corporations and electric
corporations for expenses related to administering Public Service Law


programs. This is a special assessment, in addition to the section
18-a assessment, which has been proposed annually as an Article VII
provision, and a similar bill was last enacted as Part CC of Chapter
59 of the Laws of 2010. Without this authorization, NYSERDA and DEC
could not continue to implement necessary programs in the 2011-12
State Fiscal Year.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget because it authorizes the collection of assessments
to fund NYSERDA's research, development and demonstration, and policy
and planning programs and, as set forth in the appropriation, DEC's
climate change program. A $16.2 million appropriation is included in
NYSERDA's budget for these programs.

Effective Date

This bill takes effect immediately.

Part R - Authorize the Department of Health to finance certain
activities with revenues generated from an assessment on cable
television companies.

Purpose:

This bill authorizes the Department of Health (DOH) to finance public
service education activities with revenues generated from an
assessment on cable television companies.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

The bill authorizes certain expenditures of DOH as eligible expenses for
cable television assessment revenue. Section 217 of the Public
Service Law authorizes the Department of Public Service (DPS) to
assess cable television companies for DPS costs associated with the
regulation of cable television companies. This annual Article VII
bill also makes DOH public service education expenses, charged to the
special revenue cable television account, eligible for this funding.
Chapter 59 of the Laws of 2010 provided similar authorization.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget because it ensures the recovery of public service
education expenses incurred by DOH, as provided for in the Financial
Plan. A $454,000 appropriation is included in DOH's budget for these
activities.

Effective Date:

This bill takes effect immediately.

Part S - Make permanent the current time frames for review of
pesticide product registration applications and pesticide product
registration fees.


Purpose:

This bill makes permanent the current time frames for review of
pesticide product registration applications and pesticide product
registration fees.

Statement in Support, Summary of Provisions, Existing law, and
Prior Legislative History:

The current registration fees, which were established to fund the
expedited review process, are comparable to those of other states. If
this legislation is not enacted and the current fees reverted to $50,
a loss of approximately $7 million per year in revenue would result.
Failure to enact this legislation would also result in additional
reductions of Department of Environmental Conservation (DEC) staff
which review and approve pesticide product registration applications.

The bill amends Section 9 of Chapter 67 of the laws of 1992 to remove
the sunset date applicable to the Environmental Conservation law
(ECL) §33-0704, and make permanent the current time frames relating
to DEC's review of pesticide product registration applications.
Additionally, this bill amends ECL §33-0705 to make permanent the
current pesticide product registration fees.

These review time frames and fees were established in 1993 and
reauthorized in 1996, 1999, 2002, 2005, and most recently in 2008.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget because, absent this bill, there would be a loss of
approximately $7 million from the financial plan. The first $5
million in pesticide program fees is deposited in the Environmental
Protection Fund and the remaining fees are deposited in the
Environmental Regulatory Account. The 2009-10 revenue from all
pesticide program fees was $7.9 million, with $5 million deposited in
the Environmental Protection Fund and the remaining $2.9 million
deposited in the Environmental Regulatory Account.

Effective Date:

This bill takes effect immediately.

Part T - Authorize the Commissioner of Agriculture and Markets to
establish a competitive grants program to fund agricultural research,
marketing and education initiatives.

Purpose:

This bill authorizes the Commissioner of Agriculture and Markets
(Commissioner) to establish a competitive grants program to fund
research, marketing and education initiatives for the benefit of New
York's agricultural community.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:


Currently, there are various and diverse local agricultural assistance
programs that support the marketing, promotion, education and
research related to agricultural products. This bill would
restructure the allocation of moneys supporting such programs. By
creating such a program, this bill enables the Department of
Agriculture and Markets (Department) to focus on supporting
programs for a wide range of entities whose research, marketing and
educational activities have been the most successful in directly
benefiting New York's agricultural community.

Additionally, this bill makes technical amendments to existing law to
broaden eligibility for farmland viability grants, as well as to
remove the sixty thousand dollar grant award cap for food and
agriculture industry development (FAID) grant awards.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget and authorizes the Department to administer a competitive
grants program. This new $1.2 million competitive program will
replace $3.2 million in existing discrete agricultural programs.

Effective Date:

This bill takes effect immediately.

Part U - Implement key components of the Governor's "Share NY Food"
initiative.

Purpose:

This bill implements key components of the Governor's "Share NY Food"
initiative by providing the Department of Agriculture and Markets
(the Department) with increased ability to expand access to fresh,
nutritious New York farm products to communities Statewide.

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

This bill amends current law to clarify that farmers' markets are
eligible for funding through the Healthy Food/Healthy Communities
portion of the Upstate Agricultural Economic Development Fund, which
is administered by the Empire State Development Corporation (ESDC) in
consultation with the Department. These markets are important
vehicles for the delivery of locally-produced, nutritious foods in
communities across the State; as such, it is appropriate to clarify
the reach of the existing Healthy Food/Healthy Communities Program in
this respect.

Existing law does not specifically authorize the Department to
facilitate the creation of a revolving loan fund to support
agricultural programs - another key component of the "Share NY Food"
initiative. By authorizing the Department to create this revolving
loan fund, opportunities would be created to expand burgeoning and
innovative food outlets like Community Supported Agriculture (CSA)
operations, mobile vendors and other nontraditional markets. Such a
fund would help cover farmer costs and shares upfront, thereby


allowing subscribers to pay their CSA shares over the course of the
CSA season.

Finally, the Department currently administers grants to farmers'
markets for capital projects or promotional assistance; however, such
grants cannot be utilized toward the purchase of equipment - a key
element in the ability of these markets to offer wireless Electronic
Benefits Transfer (EBT) capabilities, which in turn increases access
to locally-grown, nutritious food to consumers all across the state.

Budget Implications:

While this bill does not have a direct State fiscal impact, it will
enable the Department to more effectively meet the goals of the
Governor's "Share NY Food" initiative.

Effective Date:

This bill takes effect immediately.

Part V - Repeal Article 4-A of the Navigation Law regarding
reimbursements paid to certain governmental entities.

Purpose:

This bill repeals Article 4-A of the Navigation law, to remove
provisions that require reimbursements to be paid to governmental
entities that voluntarily enforce the Navigation Law.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

The bill repeals Article 4-A of the Navigation Law to remove
provisions that require reimbursements to be paid to governmental
entities that voluntarily enforce the provisions of the Navigation
Law. This bill also makes corresponding changes to section 97-nn of
the State Finance Law.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget to achieve Financial Plan savings.

Effective Date:

This bill takes effect immediately and shall be deemed to have been in
full force and effect on April 1, 2011.

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

Purpose:

This bill facilitates a more efficient transfer of the State share of
Native American casino revenue to the General Fund and make a


technical correction to the distribution of local share moneys
associated with the Niagara Falls Casino.

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

Chapter 383 of the Laws of 2001 provided that the State share a
portion of any revenues received from the Native American casinos
with the municipal governments that host these facilities and
transfer any remaining revenues to the General Fund.
Payments received by the State from Native American casinos generally
reflect lagged and/or partial-year payments. Current law assumes that
the basis for General Fund transfers of the State share of such
moneys is dependent on annual receipt of casino revenues. Since these
payments do not flow to the State on that basis, the transfer of
these funds to the State's General Fund can be significantly delayed.

This bill amends Section 99-h of State Finance Law to facilitate a
more efficient transfer of the State share of Native American Casino
revenue to the General Fund.
Additionally, this bill makes a technical correction to the
distribution of Niagara Falls Casino tribal compact moneys associated
with the Niagara Falls Underground Railroad Heritage Commission.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-2012
Executive Budget as the State Financial Plan assumes the transfer of
money from the Tribal State Compact Revenue Account to the General
Fund.

Effective Date:

This bill becomes effective immediately.

Part X - Establish a surcharge on purses at harness and thoroughbred
racetracks.

Purpose:

This bill establishes a 2.75 percent surcharge on purses at harness
and thoroughbred tracks.

Statement in Support, Summary of Provisions, Existing Law and
Prior Legislative History:

Overall declines in the racing industry handle have impaired the
Racing and Wagering Board's ability to fully support the costs of the
regulation of horse racing from resources currently dedicated to
these activities. This bill amends the Racing, Pari-Mutuel Wagering
and Breeding Law to impose a surcharge on purses at harness and
thoroughbred racetracks. Receipts from the surcharge will support the
Racing and Wagering Board's oversight and regulation of horse racing.

Budget Implications:


Enactment of this bill is necessary to implement the 2011-12 Executive
Budget which assumes approximately $7.6 million in additional
revenues needed to support the Racing and Wagering Board's regulation
of the State's horse racing industry.

Effective Date:

This bill takes effect immediately.

Part Y - Extend the renewal period for certain disciplines licensed by
the Department of State.

Purpose:

This bill increases the renewal term for appearance enhancement
disciplines and barbers from two to four years and doubles the
associated fee.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:

This bill amends the General Business Law to extend the term for
certain disciplines licensed and regulated by the Department of
State. Each renewal fee would. be doubled as a result of the extended
licensing term.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget as the State Financial Plan assumes approximately $2.25
million in additional revenue from the implementation of its
provisions.

Effective Date:

This bill takes effect immediately.

Part Z - Authorize the Tax Modernization Project.

Purpose:

This bill: (a) reduces the cost of real property tax administration by
enabling notices, filings and other transactions to be completed
electronically; (b) creates efficiencies and reduces mailing costs by
allowing the Department of Taxation and Finance to use electronic
means to deliver documents it is required to mail, when authorized by
the mail recipient; (c) improves administration of the Tax
Department's electronic filing and payment requirements to create
further efficiencies and cost savings, and to increase tax
collections due to higher compliance resulting from electronic
e-filing; (d) clarifies, for abandoned property purposes, which
dormancy period would apply to debit cards issued on behalf of the
State of New York for tax refunds if those debit cards are never
activated; and (e) enacts measures to improve sales tax compliance.

Statement in Support, Summary of Provisions, Existing Law, and
Prior Legislative History:


a. Electronic Real Property Tax Administration

This bill will modernize and reduce the cost of real property tax
administration by laying the groundwork for a comprehensive system of
paperless transactions. Specifically, it gives the Commissioner of
Taxation and Finance the authority to establish standards allowing
for: (1) electronic filing and/or transmission of all documents,
including exemption applications and petitions for administrative
review of assessments, and (2) a paperless tax collection system,
with property tax bills issued electronically, taxes paid
electronically, and receipts issued electronically. Though the bill
also makes it possible for taxpayer notices, tax bills and receipts
to be distributed electronically, no taxpayer will be required to
accept electronic communications if he or she does not affirmatively
elect to do so.

In order to promote greater accountability and disclosure, the bill
also requires local assessment inventories to be maintained
electronically and final assessment rolls to be of the locality, or
the county in which the locality is located, effective with
assessment rolls based on taxable status dates occurring on and after
March 1,2012. It also authorizes the Department of Taxation and
Finance to establish a centralized data base for all local assessment
records, and to develop web-based software for assessment management,
to be made available to all assessing units.

For the most part, the existing laws governing real property tax
administration (some of which date back to the Colonial Era), do not
permit notifications, filings or other transactions to be done
electronically. The few statutes that currently accommodate modern
technology do so in a flawed, incomplete and/or haphazard way.

For example, the new Real Property Tax Law § 955 (3-a) (added by the
L.2010 ch.365) ostensibly allows property tax receipts to be
furnished electronically with the taxpayer's consent. However, it
applies only when the payments are made to cities, towns or villages,
not to counties or school districts, and only when the payments are
made through escrow accounts, not when the payments made by the
taxpayer directly. It also presents the paradox that, while property
tax receipts may now be furnished to taxpayers electronically in at
least some cases, property tax bills still may not be.

Another example of a well-intentioned but problematic statute in this
area is Real Property Tax Law § 925-c, which in conjunction with
section 5-b of the General Municipal Law allows property taxes to be
paid over the internet via the municipal website. That statute has
been construed to preclude using the services of a third party vendor
for this purpose, though that is common business practice.

As a result of these and other statutory limitations, the public
interest in an efficient, understandable property tax system is often
thwarted. This bill will bring about an orderly transition to the
electronic era.

b. Electronic State Tax Administration


Advances in technology have made electronic delivery of documents a
reliable, cost effective and efficient means of communicating with an
addressee that has already established an electronic relationship
with the sender. Delivery of confidential information through
electronic communications is widely accepted and embraced in
conducting both personal and business activities 00 a broad scale.
For example, financial service institutions use secure mechanisms to
inform businesses and individuals of account balances and financial
transactions, issue account statements and deliver tax reporting
documents required by law. Many taxpayers and tax professionals have
already established secure online services accounts with the
Department, through which they conduct transactions such as e-filing
and e-paying tax obligations and fees. These account holders provide
the Department with an e-mail address, and are capable of receiving
communications from the Department via electronic means; This
proposal would permit the Department to use secure electronic means
to deliver documents to account holders who agree to receive
electronic communications, notwithstanding statutory requirements
specifying use of postal mail, certified mail, or registered m
ail. The Department's electronic communication with an account holder
will be governed by existing tax secrecy requirements. For example,
any communication involving confidential tax information will be
conducted through the account holder's secure online account with the
Department. The Department's electronic systems are capable of
producing records that may be offered, if necessary, to show that a
particular document was delivered to an online services account
holder at a particular date and time.

The bill adds a new Tax Law § 35, which would enable the Department,
when authorized by an online services account holder, to use
electronic means of communication to furnish any document it is
required to mail per law or regulation. It provides that if the
Department furnishes such document in accordance with this section,
Department records of such transaction shall constitute appropriate
and sufficient proof of delivery thereof and be admissible in any
action or proceeding.

c. Electronic Filing Mandates

Currently, the Tax Law requires electronic filing in two separate
sections of the law Section 658(g)(1 0) for tax preparers of personal
income tax (PIT) returns and Section 29 for all other preparers and
business self-filers. There are also penalty provisions that apply
directly to those provisions, and there are corresponding provisions
in the Administrative Code of the City of New York. This bill makes
improvements to the administration of the Tax Department's electronic
filing and payment mandates by consolidating all preparer and
self-filer requirements and penalties into one section of the Tax
Law, an amended Section 29, and extending e-filing requirements for
PIT filers who use tax software to prepare their PIT returns. It also
imposes appropriate penalties for failure to comply with the
mandates. The bill repeals sections of the Tax Law and the
Administrative Code of the City of New York that would no longer be
necessary.

Consolidating the e-file and e-pay mandates into one section of the
Tax Law will make the requirements more readily understandable and


eliminate confusion among self-filers and practitioners concerning
differences between the two current sections. The bill also makes
consistent the terminology used in connection with the mandates,
For example, section 29 currently refers to "authorized tax documents"
while section 658(g)(10) refers to "authorized returns". The new bill
adopts the term "authorized tax documents" for both. To produce
efficiencies and cost savings to the State, the threshold for the
preparer e-file mandate would be reduced from preparation of 100 tax
documents to preparation of any tax document. Requiring preparers and
self-filers that use tax preparation software to e-file recognizes that
if a person uses tax software to prepare return(s), s/he is capable
of e-filing. The threshold reduction for preparers is also consistent
with federal government actions, as the Internal Revenue Service
reduced its threshold for the 2012 filing season.

In preserving the provision that only preparers and taxpayers that use
tax software must e-file, this bill ensures that taxpayers subject to
this requirement are already familiar with the technology and have
the knowledge, ability and wherewithal to e-file.
Importantly, a new provision in the Tax Law passed during the previous
budget year, which provides that no separate charge will be imposed
for e-filing of a NYS return, means that such e-filing will result in
no additional financial burden.

This bill increases the preparer penalties for failure to e-file from
$50 per occurrence to $500 for the first tax document and $1,000 for
each subsequent tax document that is not e-filed. This would bring
the penalties for failure to e-file in line with other existing
penalties, like the penalty imposed for charging a separate fee for
NYS e-file.
Individual PIT taxpayers would be subject to a $50 penalty for failure
to e-file and all other taxpayers would be subject to a $100 penalty
for failure to e-file all taxes except PIT. Amended section 29(e)(2)
will also subject all taxpayers to a failure to file penalty if they
were required to e-file and failed to do so, except in regard to PIT.

The bill also amends Tax Law § 658 to extend the due date for the
filing fee return for limited liability companies from the 30th day
after the end of the taxable year to the 60th day. Both software
developers and tax preparers have difficulty meeting the present due
date for this return, which is typically at the end of January. A
change in this due date is consistent with the intent of this bill to
convert paper returns to e-filed returns.

This bill will produce cost savings to the State immediately, since
e-filing and e-payment of taxes creates cost and tax administration
efficiencies that will benefit both the State and taxpayers. A
taxpayer's use of e-file and e-pay reduces the number of errors that
may be associated with the filing of a paper return. With e-file, an
error can be immediately detected, and the taxpayer prompted to
correct and resubmit his or her return. Also with e-file, the
taxpayer gets an official acknowledgement that his or her return was
received. Moreover,e-filed tax returns are processed quicker than
paper, potentially resulting in faster refunds. In addition, the more
taxpayers that e-file and e-pay,
the more cost savings the State will realize, since


administrative cost savings accrue with every tax document e-filed
with the Department.

This bill will also generate additional personal income and sales tax
revenue due to its positive impacts on voluntary tax compliance.
Greater usage of professionally and electronically prepared and filed
returns will ensure more accurate and timely tax liability reporting.

d. Abandoned Property Amendments for Tax Refund Debit Cards

The Department is considering debit cards as a future method for the
payment of personal income tax refunds. This bill would clarify that
those debit cards that are not activated within one year from the
date of issuance will be treated in the same manner as unpaid checks
or drafts issued by the State. The New York State Abandoned Property
Law requires various organizations such as banks, corporations,
insurance companies, and courts to annually review their records and
transfer accounts that have reached certain dormancy thresholds to
the State Comptroller, who serves as custodian of the abandoned
property funds until they can be returned to their rightful owners.

Current Abandoned Property Law specifies a five-year dormancy period
for inactive bank accounts and a one-year dormancy period for unpaid
checks or drafts issued by the State. The law does not address
whether debit cards that are never activated would be treated as a
type of inactive bank account or as an unpaid check or draft issued
by the State. Therefore, it is not clear which dormancy period would
apply.

This bill clarifies that debit cards issued for tax refund purposes
that are never activated will be treated like unpaid checks or drafts
issued by the State and will therefore be subject to the one-year
dormancy period provided for by Abandoned Property Law § 1315 and
State Finance Law § 102. Accordingly, any debit card issued on behalf
of the State for the purpose of paying a tax refund that is not
activated within one year from the date of issuance will be deemed
abandoned property and paid to the State Comptroller. If the debit
card is activated within the one-year period, the debit card funds
will be treated as an ordinary bank account and thus will be subject
to the five year dormancy period generally applicable to bank accounts.

e. Improving Sales Tax Compliance

This bill amends Tax Law § 1135 to allow the use of modern technology
to improve sales tax compliance. Specifically, this amendment
authorizes the Commissioner to require a "person required to collect
tax" (ie., a sales tax vendor) who fails to collect, truthfully
account for, or pay over sales tax moneys, or to file returns as
required by law, and whose total tax due for the four most recent
quarterly periods for which data is available exceeds $3,000, to use
a certified system to capture information about its transactions
(including the subject of the transaction, price, date, time, and
sales tax collected, if any), calculate the tax on each sale,
determine the amount of tax the vendor must remit with his or her
return, and maintain the required documentation for each
sale. The Department would certify the accuracy of the system. A
vendor that uses a certified system would not be held liable for


errors made by the system or for the system's failure to maintain the
required documentation. This provision would improve the accuracy of
a vendor's returns and tax calculations. and enhance the reliability
of their records.

This bill also amends Tax Law § 1136 to allow the Commissioner to
require sales tax vendors that file returns on a quarterly basis to
file on part-quarterly (monthly) basis, when the Commissioner deems
it necessary to protect sales tax revenue. For example, this allows
the Department to obtain returns and payment of trust tax moneys
collected by the vendor more frequently in situations where there is
a risk that the vendor would not be able to pay the tax due on the
due date of the quarterly return.

Budget Implications:

Enactment of this bill is necessary to implement the 2011-12 Executive
Budget because it would generate $200 million of additional tax
revenue and $25 million of administrative savings.

Effective Date:

This bill takes effect immediately and sections 13 through 17 apply to
tax documents filed on or after the 60th day after this act becomes a
law.

The provisions of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

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

    S. 2810                                                  A. 4010

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

                            February 1, 2011
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT to authorize funding for the Consolidated Local Street and High-
  way Improvement Program (CHIPS)  and  Marchiselli  program  for  state
  fiscal  year  2011-2012  (Part A); to amend chapter 279 of the laws of
  1998 amending the transportation law relating to enabling the  commis-
  sioner of transportation to establish a single audit pilot program, in
  relation  to making such provisions permanent (Part B); to amend chap-
  ter 312 of the laws of 1994, amending  the  vehicle  and  traffic  law
  relating  to  suspensions  of  licenses pending prosecution of certain
  alcohol-related  charges,  and  authorizations  for  probationary  and
  conditional drivers' licenses, in relation to the effectiveness there-
  of  (Part  C);  to amend chapter 533 of the laws of 1993, amending the
  vehicle and traffic law and the correction law relating to  suspension
  and  revocation  of driver's licenses upon conviction of certain drug-
  related offenses, in relation to the effectiveness thereof  (Part  D);
  to  amend  chapter  569  of the laws of 1981, amending the vehicle and
  traffic law relating to motor vehicle liability  insurance,  financial
  security,  criminal acts and penalties for non-compliance, in relation
  to making provisions permanent; and to amend chapter 781 of  the  laws
  of  1983, amending the vehicle and traffic law and other laws relating
  to motor vehicle liability  insurance,  financial  security,  criminal
  acts  and  certain penalties for non-compliance, in relation to making
  provisions permanent (Part E); to amend the vehicle  and  traffic  law
  and  the criminal procedure law, in relation to governing operators of
  commercial motor vehicles and federal requirements for medical certif-
  ication pertaining to such operators (Part F); to amend chapter 393 of
  the laws of 1994 amending the New York state urban development  corpo-
  ration  act, relating to the powers of the New York state urban devel-
  opment corporation to make loans, in  relation  to  the  effectiveness
  thereof  (Part  G); to amend the state finance law, in relation to the
  excelsior linked deposit act (Part H); to amend part U of  chapter  57

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12573-01-1

S. 2810                             2                            A. 4010

  of the laws of 2005 amending the labor law and other laws implementing
  the state fiscal plan for the 2005-2006 state fiscal year, relating to
  New York state higher education matching grant program for independent
  colleges,  in relation to the effectiveness thereof (Part I); to amend
  the public authorities law, in relation to the state governmental cost
  recovery system; and to repeal section 2975-a  of  such  law  relating
  thereto  (Part  J);  to  amend  the  executive law, in relation to the
  community services block grant program; and to amend  chapter  728  of
  the  laws  of  1982  and chapter 710 of the laws of 1983, amending the
  executive law relating to community services block grant programs,  in
  relation to the effectiveness thereof (Part K); to amend chapter 21 of
  the  laws  of  2003, amending the executive law relating to permitting
  the secretary of state to provide special handling for  all  documents
  filed  or  issued  by the division of corporations and to permit addi-
  tional levels of such expedited service, in relation to the effective-
  ness thereof (Part L); to amend the public service law  and  the  real
  property tax law, in relation to repealing the Tug Hill commission and
  to  repeal  certain  provisions  of  the  executive law and the public
  service law relating thereto (Part M); to amend the executive law,  in
  relation  to  the  salary  of  the  chairperson  of the New York State
  athletic commission (Part N); to amend the executive law, the economic
  development  law  and  the  state  administrative  procedure  act,  in
  relation  to  the  removal  of  statutory references to the governor's
  office of regulatory reform; and to repeal subdivision  8  of  section
  202-b  of  the  state  administrative  procedure act, relating thereto
  (Part O); to authorize and direct the New York state  energy  research
  and  development authority to make a payment to the general fund of up
  to $913,000 (Part P); to authorize the New York State Energy  Research
  and Development Authority to finance a portion of its research, devel-
  opment and demonstration and policy and planning programs from assess-
  ments  on  gas  and  electric  corporations (Part Q); to authorize the
  department of health  to  finance  certain  activities  with  revenues
  generated  from  an assessment on cable television companies (Part R);
  to amend the environmental conservation law and chapter 67 of the laws
  of 1992 amending the environmental conservation law relating to pesti-
  cide product registration timetables and fees, in relation  to  pesti-
  cide registration time frames and fees (Part S); to amend the agricul-
  ture  and markets law, authorizing the commissioner of agriculture and
  markets to establish a competitive grants program (Part T);  to  amend
  the  New  York state urban development corporation act, in relation to
  the healthy food/communities initiative; to amend the agriculture  and
  markets law, in relation to authorizing the establishment of a revolv-
  ing  loan  fund;  and  to  amend  the  agriculture and markets law, in
  relation to state aid for farmers' markets  (Part  U);  to  amend  the
  state  finance  law,  in relation to the "I Love NY waterways" boating
  safety account; and to repeal  article  4-A  of  the  navigation  law,
  relating  to  enforcement  by  counties  (Part  V); to amend the state
  finance law, in relation to the transfer of tribal compact revenue  to
  the  general  fund and to the city of Niagara Falls (Part W); to amend
  the racing, pari-mutuel wagering and  breeding  law,  in  relation  to
  assessing  a  surcharge on purses (Part X); to amend the general busi-
  ness law, in relation to increasing the term of licensure  and  regis-
  tration from two to four years (Part Y); and to amend the real proper-
  ty  tax  law,  the general municipal law, the public officers law, the
  tax law, the abandoned property law and  the  state  finance  law,  in
  relation  to  establishing  standards for electronic real property tax

S. 2810                             3                            A. 4010

  administration, allowing the department of taxation and finance to use
  electronic communication means to furnish tax notices and other  docu-
  ments,  mandatory  electronic  filing  of  tax  documents, debit cards
  issued  for  tax refunds, improving sales tax compliance and to repeal
  certain provisions of the tax law and the administrative code  of  the
  city of New York relating thereto (Part Z)

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

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

                                 PART A

  Section 1. The sum of four hundred two million seven  hundred  ninety-
seven  thousand  dollars  ($402,797,000), or so much thereof as shall be
necessary, and in addition to amounts previously appropriated by law, is
hereby made available, in accordance with subdivision 1 of  section  380
of  the  public  authorities  law as amended, according to the following
schedule.  Payments pursuant to subdivision (a) of this section shall be
made available as moneys become available for  such  payments.  Payments
pursuant  to  subdivisions  (b)  and  (c)  of this section shall be made
available on the fifteenth day of June, September, December and March or
as soon thereafter as moneys become  available  for  such  payments.  No
moneys  of  the state in the state treasury or any of its funds shall be
available for payments pursuant to this section:
                                SCHEDULE
  (a) Thirty-nine million seven hundred thousand  dollars  ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the  laws  of  1991, as added by section 9 of chapter 330 of the laws of
1991, as amended. The department of transportation  shall  provide  such
information  to  the  municipalities as may be necessary to maintain the
federal tax exempt status of any  bonds,  notes,  or  other  obligations
issued  by  such  municipalities to provide for the non-federal share of
the cost of projects pursuant to chapter 330 of  the  laws  of  1991  or
section 80-b of the highway law.
  The  program  authorized  pursuant to section 15 of chapter 329 of the
laws of 1991, as added by section 9 of chapter 330 of the laws of  1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year        Amount
                    2011-12                  $39,700,000
  (b)   Three  hundred  four  million  three  hundred  thousand  dollars
($304,300,000) to counties, cities, towns and villages for reimbursement

S. 2810                             4                            A. 4010

of eligible costs of local  highway  and  bridge  projects  pursuant  to
sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
section 9 of chapter 330 of the  laws  of  1991,  as  amended.  For  the
purposes of computing allocations to municipalities, the amount distrib-
uted  pursuant to section 16 of chapter 329 of the laws of 1991 shall be
deemed to be $121,520,000.  The amount distributed pursuant  to  section
16-a  of  chapter  329  of  the  laws  of  1991  shall  be  deemed to be
$182,780,000.  Notwithstanding the provisions of any general or  special
law,  the  amounts  deemed  distributed in accordance with section 16 of
chapter 329 of the laws of 1991 shall be adjusted so that  such  amounts
will  not  be less than 83.807 percent of the "funding level" as defined
in subdivision 5 of section 10-c of the highway law for each such  muni-
cipality.  In  order  to achieve the objectives of section 16 of chapter
329 of the laws of 1991, to the extent necessary, the amounts in  excess
of  83.807 percent of the funding level to be deemed distributed to each
municipality under this subdivision shall be reduced  in  equal  propor-
tion.
  (c)  Fifty-eight  million  seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible  costs  of
local  highway  and  bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing  allocations
to  municipalities,  the  amount  distributed  pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be  $23,480,000.  The
amount  distributed  pursuant to section 16-a of chapter 329 of the laws
of  1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding   the
provisions of any general or special law, the amounts deemed distributed
in  accordance  with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 16.193 percent of
the "funding level" as defined in subdivision 5 of section 10-c  of  the
highway  law  for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991,  to  the  extent
necessary,  the amounts in excess of 16.193 percent of the funding level
to be deemed distributed to each  municipality  under  this  subdivision
shall  be  reduced  in equal proportion. To the extent that the total of
remaining payment allocations calculated herein varies from $58,797,000,
the payment amounts to each locality shall  be  adjusted  by  a  uniform
percentage so that the total payments equal $58,797,000.
  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991,  as  amended,  shall  additionally make payments for reimbursement
according to the following schedule:
                    State Fiscal Year        Amount
                    2011-12                  $363,097,000
  S 2. This act shall take effect immediately.

                                 PART B

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

S. 2810                             5                            A. 4010

shall  expire  December  31,  2011 when upon such date the provisions of
this act shall be deemed repealed].
  S 2. This act shall take effect immediately.

                                 PART C

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

                                 PART D

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

                                 PART E

  Section 1. Section 12 of chapter 569 of the laws of 1981, amending the
vehicle and traffic law relating to motor vehicle  liability  insurance,
financial  security,  criminal acts and penalties for non-compliance, as
amended by section 1 of part J of chapter 59 of the  laws  of  2009,  is
amended to read as follows:
  S  12.  This act shall take effect on the first day of September, 1982
[and the amendments made to the provisions of the  vehicle  and  traffic
law  by  sections  one through nine of this act shall expire on June 30,
2011 and shall apply to the use and operation of motor  vehicles  during

S. 2810                             6                            A. 4010

such  period.  Upon such expiration date the provisions of such sections
of such law shall revert to and be read as set out in law  on  the  date
immediately  preceding  the effective date of this act. The commissioner
shall  widely  publicize the provisions of this act and take all actions
necessary to prepare for  its  implementation  prior  to  the  effective
date].
  S 2. Section 15 of chapter 781 of the laws of 1983, amending the vehi-
cle  and  traffic law and other laws relating to motor vehicle liability
insurance, financial security, criminal acts and certain  penalties  for
non-compliance,  as  amended by section 2 of part J of chapter 59 of the
laws of 2009, is amended to read as follows:
  S 15. This act shall take effect  immediately  [except  that  sections
ten and eleven hereof shall take effect on June 30, 2011; the amendments
made  to the provisions of the vehicle and traffic law and the insurance
law by sections one through seven of this  act  shall  expire  June  30,
2011;  upon such date the provisions of such sections of such laws shall
revert to and be read as set out in law on the date immediately  preced-
ing the effective date of this act].
  S 3. This act shall take effect immediately.

                                 PART F

  Section 1. Item 1 of clause (A) of subparagraph ii of paragraph (i) of
subdivision  1 of section 201 of the vehicle and traffic law, as amended
by section 2 of part E of chapter 60 of the laws of 2005, is amended  to
read as follows:
  (1) fifty-five years where the conviction and suspension or revocation
order relates to a conviction, suspension or revocation by the holder OF
ANY  DRIVER'S  LICENSE  WHEN  OPERATING  A  COMMERCIAL MOTOR VEHICLE, AS
DEFINED IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED ONE-A OF THIS  CHAP-
TER, OR BY THE HOLDER of a commercial driver's license who, when operat-
ing any motor vehicle, has refused to submit to a chemical test pursuant
to  section  eleven  hundred  ninety-four  of  this chapter, or has been
convicted of any of the following offenses  while  operating  any  motor
vehicle:  any  violation  of  subdivision  two, three or four of section
eleven hundred ninety-two of this chapter, any violation of  subdivision
one  or two of section six hundred of this chapter, any felony involving
the use of a motor vehicle, other than the use of a motor vehicle in the
commission of a felony involving manufacturing, distributing, dispensing
a controlled substance; or  the  conviction,  suspension  or  revocation
involves  any  of  the  following  offenses while operating a commercial
motor vehicle: any violation of subdivision five or six of section elev-
en hundred ninety-two of this chapter, driving a commercial motor  vehi-
cle  when  as  a  result of prior violations committed while operating a
commercial motor vehicle, the driver's commercial  driver's  license  is
suspended  or  revoked,  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  and  criminally
negligent  homicide  as  set forth in article one hundred twenty-five of
the penal law;
  S 2. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
amended  by  chapter  639  of  the  laws  of 2006, is amended to read as
follows:
  1. Application for license.  Application for a driver's license  shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-

S. 2810                             7                            A. 4010

ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking  of  a  photo image or images of the applicant in accordance with
rules  and  regulations prescribed by the commissioner. In addition, the
commissioner also shall require that the applicant provide  his  or  her
social  security number and provide space on the application so that the
applicant may register in the New York  state  organ  and  tissue  donor
registry under section forty-three hundred ten of the public health law.
In  addition,  an  applicant  for a commercial driver's license who will
operate a commercial motor vehicle in interstate commerce shall  certify
that such applicant meets the requirements to operate a commercial motor
vehicle,  as  set forth in public law 99-570, title XII, and title 49 of
the code of federal regulations, and all regulations promulgated by  the
United  States secretary of transportation under the hazardous materials
transportation act. IN ADDITION, AN APPLICANT FOR A COMMERCIAL  DRIVER'S
LICENSE SHALL SUBMIT MEDICAL CERTIFICATION AT SUCH INTERVALS AS REQUIRED
BY  THE  FEDERAL  MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND REGU-
LATIONS ADOPTED PURSUANT THERETO RELATING TO MEDICAL  CERTIFICATION  AND
IN  A  MANNER  PRESCRIBED BY THE COMMISSIONER. Upon a determination that
the holder of a commercial driver's license has made  any  false  state-
ment, with respect to the application for such license, the commissioner
shall revoke such license.
  S  3. Paragraph (b) of subdivision 1 of section 503 of the vehicle and
traffic law, as amended by chapter 435 of the laws of 1997,  is  amended
to read as follows:
  (b)  An  application for a license shall be valid for a period of time
specified by regulation of the commissioner not to exceed five years.  A
learner's  permit  shall be valid from its issuance until the expiration
of the application for a driver's  license  for  which  it  was  issued.
PROVIDED,  HOWEVER,  THAT  IF  THE  MEDICAL  CERTIFICATION  SUBMITTED IN
ACCORDANCE WITH THE REQUIREMENTS OF THE  FEDERAL  MOTOR  CARRIER  SAFETY
IMPROVEMENT  ACT OF 1999 AND REGULATIONS ADOPTED PURSUANT THERETO RELAT-
ING TO MEDICAL CERTIFICATION BY AN APPLICANT FOR A  COMMERCIAL  DRIVER'S
LICENSE  EXPIRES,  ANY LEARNER'S PERMIT THAT MAY HAVE BEEN ISSUED BY THE
COMMISSIONER IN CONNECTION WITH THE APPLICATION SHALL BE SUSPENDED.
  S 4. Subdivision 1 of section 510-a of the vehicle and traffic law, as
amended by section 13 of part E of chapter 60 of the laws  of  2005,  is
amended to read as follows:
  1.   Revocation. A commercial driver's license shall be revoked by the
commissioner whenever the holder is convicted within or outside of  this
state  (a)  of  a  felony  involving the use of a motor vehicle except a
felony as described in paragraph (b) of this subdivision; (b) of a felo-
ny involving manufacturing, distributing or dispensing a drug as defined
in section one hundred fourteen-a of this chapter or possession  of  any
such  drug  with intent to manufacture, distribute or dispense such drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or two of section six hundred  of  this  chapter;  (d)  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; (e) [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;  OR  (F)  THE
COMMISSIONER  DETERMINES  THAT  THE  HOLDER  FALSIFIED  INFORMATION: (I)
REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND

S. 2810                             8                            A. 4010

REGULATIONS ADOPTED PURSUANT THERETO  RELATING  TO  COMMERCIAL  DRIVER'S
LICENSE  DOCUMENT  IN  AN APPLICATION FOR A COMMERCIAL DRIVER'S LICENSE;
(II) REQUIRED BY THE FEDERAL MOTOR CARRIER  SAFETY  IMPROVEMENT  ACT  OF
1999  AND  REGULATIONS  ADOPTED  PURSUANT  THERETO  RELATING  TO INITIAL
COMMERCIAL DRIVER'S LICENSE  OR  EXISTING  COMMERCIAL  DRIVER'S  LICENSE
HOLDER'S  SELF-CERTIFICATION IN ANY OF THE SELF-CERTIFICATIONS REGARDING
THE TYPE OF DRIVING ENGAGED OR TO BE ENGAGED IN BY THE HOLDER OR REGARD-
ING THE NON-APPLICABILITY OF THE PHYSICAL QUALIFICATION REQUIREMENTS  OF
THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND REGULATIONS
ADOPTED  PURSUANT  THERETO  RELATING TO QUALIFICATIONS OF DRIVERS TO THE
HOLDER; OR (III) REQUIRED BY THE FEDERAL MOTOR CARRIER  SAFETY  IMPROVE-
MENT  ACT  OF  1999 AND REGULATIONS ADOPTED PURSUANT THERETO RELATING TO
COMMERCIAL DRIVER'S LICENSE REQUIREMENTS IN ANY MEDICAL CERTIFICATION.
  FOR PURPOSES OF PARAGRAPH (F) OF THIS  SUBDIVISION  THE  TERM  FALSIFY
SHALL INCLUDE ADDING OR INSERTING FALSE INFORMATION ON A WRITTEN INSTRU-
MENT,  FALSELY MAKING, COMPLETING, OR ALTERING A WRITTEN INSTRUMENT, AND
CAUSING A FALSE WRITTEN INSTRUMENT OR A  WRITTEN  INSTRUMENT  CONTAINING
FALSE INFORMATION TO BE MADE.
  S  5.  Paragraph  (a) of subdivision 2 of section 510-a of the vehicle
and traffic law, as amended by section 6 of part K of chapter 59 of  the
laws of 2009, is 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) OR (F) 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  FOR REVOCATIONS PURSUANT TO PARAGRAPH (A), (C), (D) OR (E)
OF SUBDIVISION ONE OF THIS SECTION, 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.
  S 6. Subdivision 3 of section 510-a of the vehicle and traffic law  is
amended by adding a new paragraph (f) to read as follows:
  (F)  A  COMMERCIAL  DRIVER'S LICENSE SHALL BE SUSPENDED BY THE COMMIS-
SIONER UPON THE HOLDER'S FAILURE  TO  SUBMIT  MEDICAL  CERTIFICATION  OR
MEDICAL VARIANCE DOCUMENTATION, AT SUCH INTERVALS AS ARE REQUIRED BY THE
FEDERAL  MOTOR  CARRIER  SAFETY  IMPROVEMENT ACT OF 1999 AND REGULATIONS
ADOPTED  PURSUANT  THERETO  RELATING  TO  COMMERCIAL  DRIVER'S   LICENSE
REQUIREMENTS  AND  IN A MANNER PRESCRIBED BY THE COMMISSIONER. A COMMER-
CIAL DRIVER'S LICENSE SHALL ALSO BE SUSPENDED BY THE  COMMISSIONER  UPON
RECEIPT  OF INFORMATION FROM THE ISSUING MEDICAL EXAMINER OR THE FEDERAL
MOTOR CARRIER SAFETY ADMINISTRATION  THAT  A  MEDICAL  CERTIFICATION  OR
MEDICAL  VARIANCE  WAS  ISSUED IN ERROR. SUCH SUSPENSION SHALL BE TERMI-
NATED UPON: (I) THE HOLDER'S SUBMISSION OF THE  REQUIRED  VALID  MEDICAL

S. 2810                             9                            A. 4010

EXAMINER'S CERTIFICATE OR MEDICAL VARIANCE DOCUMENTATION; (II) THE HOLD-
ER'S  SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR VEHICLE
OPERATION HE OR SHE ENGAGES IN, OR EXPECTS TO ENGAGE IN,  AND  THAT  THE
HOLDER  IS NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT  OF  1999  AND  REGULATIONS
ADOPTED  PURSUANT THERETO RELATING TO DISQUALIFICATION OF DRIVERS; (III)
THE HOLDER'S SURRENDER OF HIS OR HER COMMERCIAL DRIVER'S LICENSE TO  THE
DEPARTMENT  OR  TO THE APPROPRIATE LICENSING AUTHORITY OF ANOTHER JURIS-
DICTION; OR (IV) THE HOLDER'S DOWNGRADE OF HIS OR HER  COMMERCIAL  DRIV-
ER'S LICENSE TO A NON-COMMERCIAL DRIVER'S LICENSE.
  S  7.  Subdivision  1 of section 514 of the vehicle and traffic law is
amended by adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A), (B) AND  (C)  OF
THIS  SUBDIVISION,  UPON A JUDGMENT OF CONVICTION FOR A VIOLATION OF ANY
PROVISIONS OF THIS CHAPTER OR OF ANY LOCAL LAW, RULE, ORDINANCE OR REGU-
LATION RELATING TO TRAFFIC, THE COURT OR THE CLERK THEREOF SHALL, WITHIN
NINETY-SIX HOURS OF THE IMPOSITION OF THE SENTENCE, FILE THE CERTIFICATE
REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION, IF THE PERSON  CONVICTED:
(I)  IS  THE  HOLDER  OF A COMMERCIAL DRIVER'S LICENSE ISSUED BY ANOTHER
STATE; OR (II) DOES NOT HOLD A COMMERCIAL DRIVER'S LICENSE, BUT HAS BEEN
ISSUED A LICENSE BY ANOTHER STATE AND IS CONVICTED OF A  VIOLATION  THAT
WAS  COMMITTED  IN A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION
FOUR OF SECTION FIVE HUNDRED ONE-A OF THIS TITLE.
  S 8. Section 170.55 of the criminal procedure law is amended by adding
a new subdivision 9 to read as follows:
  9. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  A  COURT  MAY
NOT ISSUE AN ORDER ADJOURNING AN ACTION IN CONTEMPLATION OF DISMISSAL IF
THE OFFENSE IS FOR A VIOLATION OF THE VEHICLE AND TRAFFIC LAW RELATED TO
THE OPERATION OF A MOTOR VEHICLE, OR A VIOLATION OF A LOCAL LAW, RULE OR
ORDINANCE  RELATED TO THE  OPERATION OF A MOTOR VEHICLE, IF SUCH OFFENSE
WAS COMMITTED BY THE HOLDER OF A  COMMERCIAL  DRIVER'S  LICENSE  OR  WAS
COMMITTED  IN A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION FOUR
OF SECTION FIVE HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW.
  S 9. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law; provided, however, that sections two, three, four,
five and six of this act shall take effect January 30,  2012,  provided,
however, that the addition, amendment and/or repeal of any rule or regu-
lation  necessary  for  the  implementation of this act on its effective
date are authorized and directed to be made and completed on  or  before
such effective date.

                                 PART G

  Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act relating to the  powers
of  the  New  York state urban development corporation to make loans, as
amended by section 1 of part P of chapter 59 of the  laws  of  2010,  is
amended to read as follows:
  S  2.  This act shall take effect immediately [provided, however, that
section one of this act shall expire on July 1, 2011, 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. 2810                            10                            A. 4010

  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART H

  Section 1. Section 217 of the state finance law, as amended by chapter
291 of the laws of 2004, is amended to read as follows:
  S 217. Linked loans. Linked loans shall be made by lenders pursuant to
the  program  only  to  eligible  businesses in connection with eligible
projects. A linked loan shall be limited to a maximum  amount  of  [one]
TWO  million  dollars.  An  eligible  business may receive more than one
linked loan. During the life of  the  linked  loan  program,  the  total
amount  of  money  that a business can borrow from the linked program is
[one] TWO million dollars. The credit decision for making a linked  loan
shall  be  made  solely by the lender. Notwithstanding the length of the
term of a linked loan, the linked deposit relating to  the  linked  loan
shall be for a period of not more than four years.
  S  2.  The state finance law is amended by adding a new section 220 to
read as follows:
  S 220. RENEWAL OF LINKED DEPOSIT. A LENDER MAY, ON BEHALF OF A BORROW-
ER, APPLY TO THE COMMISSIONER  OF  ECONOMIC  DEVELOPMENT  TO  REQUEST  A
RENEWAL  OF  THE  LINKED  DEPOSIT  FOR AN ADDITIONAL FOUR YEAR PERIOD TO
CORRESPOND WITH A SECOND FOUR YEAR PERIOD OF A BORROWER'S  LINKED  LOAN.
THE  COMMISSIONER  MAY GRANT SUCH APPLICATION IF THE COMMISSIONER DETER-
MINES THAT THE BORROWER, DURING THE  SECOND  FOUR  YEAR  PERIOD  OF  THE
LINKED LOAN, WILL CREATE ADDITIONAL INDUSTRIAL MODERNIZATION BENEFITS OR
ADDITIONAL EXPORT TRADE BENEFITS OR ADDITIONAL JOBS. IF THE COMMISSIONER
OF  ECONOMIC DEVELOPMENT GRANTS SUCH APPLICATION, THE COMMISSIONER SHALL
NOTIFY THE AUTHORIZED DEPOSITOR WHO MADE THE  LINKED  DEPOSIT  THAT  THE
COMMISSIONER  HAS DETERMINED THAT THE APPLICATION SATISFIES THE REQUIRE-
MENTS OF THIS ARTICLE AND SHALL  REQUEST  THE  AUTHORIZED  DEPOSITOR  TO
CONTINUE  THE LINKED DEPOSIT WITH THE LENDER FOR AN ADDITIONAL FOUR YEAR
PERIOD IN ACCORDANCE WITH SECTION NINETY-EIGHT-A  OF  THIS  CHAPTER  AND
WITH  THE  AUTHORIZED  DEPOSITOR'S  ESTABLISHED  PROCEDURES. SUCH LINKED
DEPOSIT SHALL CONTINUE TO BE SECURED IN ACCORDANCE WITH  THE  PROVISIONS
OF  SECTION ONE HUNDRED FIVE OF THIS CHAPTER. THE FIXED INTEREST RATE ON
THE CONTINUED LINKED DEPOSIT SHALL BE THE LINKED DEPOSIT  INTEREST  RATE
IN  EFFECT  ON  THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT.
THE AUTHORIZED DEPOSITOR AND THE  LENDER  SHALL  ENTER  INTO  A  WRITTEN
DEPOSIT  AGREEMENT GOVERNING THE CONTINUATION OF THE LINKED DEPOSIT. THE
INTEREST RATE PAYABLE ON THE LINKED LOAN FOR THE SECOND FOUR YEAR PERIOD
SHALL BE, IN THE CASE OF A CERTIFIED BUSINESS IN AN ECONOMIC DEVELOPMENT
ZONE OR AN ELIGIBLE BUSINESS LOCATED IN AN ECONOMICALLY DISTRESSED  AREA
OR  FEDERAL  EMPOWERMENT  ZONE  OR  ENTERPRISE OR RENEWAL COMMUNITY OR A
MINORITY OR WOMEN-OWNED BUSINESS  ENTERPRISE,  THREE  PERCENTAGE  POINTS
BELOW  THE  INTEREST  RATE THE LENDER WOULD HAVE CHARGED FOR THE LOAN IN
EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT; OR IN
THE CASE OF A BUSINESS NOT LOCATED IN AN ECONOMIC  DEVELOPMENT  ZONE  OR
ECONOMICALLY  DISTRESSED  AREA OR FEDERAL EMPOWERMENT ZONE OR ENTERPRISE
OR RENEWAL COMMUNITY OR WHICH IS NOT A MINORITY OR WOMEN-OWNED  BUSINESS
ENTERPRISE,  TWO  PERCENTAGE  POINTS  BELOW THE INTEREST RATE THE LENDER
WOULD HAVE CHARGED FOR THE LOAN IN THE ABSENCE OF A  LINKED  DEPOSIT  IN
EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT.
  S 3. This act shall take effect immediately.

                                 PART I

S. 2810                            11                            A. 4010

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

                                 PART J

S. 2810                            12                            A. 4010

  Section  1.  Paragraph  (b)  of  subdivision  2 of section 2975 of the
public authorities law, as amended by section 1 of part O of chapter  59
of the laws of 2008, is amended to read as follows:
  (b)  On  or before November first, two thousand three and on or before
November first of each year thereafter, the director of the budget shall
determine the amount owed under this  section  by  each  public  benefit
corporation.  The  director  of the budget may reduce, in whole or part,
the amount of such assessment if the payment thereof would necessitate a
state appropriation for  the  purpose,  or  would  otherwise  impose  an
extraordinary hardship upon the affected public benefit corporation. The
aggregate  amount  assessed under this section in any given state fiscal
year may not exceed [fifty-five million dollars] SIXTY MILLION DOLLARS.
  S 2.  Section 2975-a of the public authorities law is REPEALED.
  S 3. Notwithstanding any other provision of law, liabilities  incurred
on  or  before  March  31, 2011 pursuant to section 2975-a of the public
authorities law as repealed by section two of this act,  shall  continue
as  legal  liabilities of industrial development agencies or authorities
created pursuant to title one  of  article  eighteen-A  of  the  general
municipal law or any other provision of law.
  S 4. This act shall take effect immediately.

                                 PART K

  Section 1. Section 159-i of the executive law, as amended by section 1
of  part  Y  of  chapter  59  of the laws of 2010, is amended to read as
follows:
  S 159-i. Distribution of funds. [For federal fiscal year two  thousand
eleven at] AT least ninety percent of the community services block grant
funds  received by the state shall be distributed pursuant to a contract
by the secretary to eligible entities as defined in subdivision  one  of
section  one  hundred  fifty-nine-e  of this article. Each such eligible
entity shall receive the same proportion  of  community  services  block
grant  funds  as was the proportion of funds received in the immediately
preceding federal fiscal year under the federal community services block
grant program as compared to the total amount received by  all  eligible
entities  in the state, under the federal community services block grant
program.
  [For federal fiscal year two thousand eleven the] THE secretary shall,
pursuant to section one hundred fifty-nine-h of this article, retain not
more than five percent of the community services block grant  funds  for
administration at the state level.
  [For federal fiscal year two thousand eleven the] THE remainder of the
community  services  block  grant  funds  received by the state shall be
distributed pursuant to a contract by the  secretary  in  the  following
order  of  preference:  a  sum  of  up to one-half of one percent of the
community services block grant funds received by  the  state  to  Indian
tribes and tribal organizations as defined in this article, on the basis
of  need;  and  to  community  based organizations. Such remainder funds
received by eligible entities will not be included  in  determining  the
proportion  of  funds  received  by  any  such entity in the immediately
preceding federal fiscal year under the federal community services block
grant program.
  S 2. Section 5 of chapter 728 of the laws of 1982, amending the execu-
tive law relating to community services block grant programs, as amended
by section 2 of part Y of chapter 59 of the laws of 2010, is amended  to
read as follows:

S. 2810                            13                            A. 4010

  S  5.  This  act shall take effect immediately provided, however, that
section four hereof shall take  effect  October  1,  1982  and  provided
further, however, that the provisions of sections two, three and four of
this act shall be in full force and effect only until September 30, 1983
[and  section  one  of  this act shall be in full force and effect until
September 30, 2011, provided, however, that the  distribution  of  funds
pursuant  to  section 159-i of the executive law shall be limited to the
federal fiscal year expressly set forth in such section].
  S 3. Section 7 of chapter 710 of the laws of 1983, amending the execu-
tive law relating to community services block grant programs, as amended
by section 3 of part Y of chapter 59 of the laws of 2010, is amended  to
read as follows:
  S  7.  This  act shall take effect September 30, 1983 [and shall be in
full force and effect only until September 30, 2011 at  which  time  the
amendments  and  additions  made  pursuant to the provisions of this act
shall be deemed to be repealed, provided, however, that the distribution
of funds pursuant to section 159-i of the executive law shall be limited
to the federal fiscal year expressly set forth in such section].
  S 4. This act shall take effect immediately.

                                 PART L

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

                                 PART M

  Section 1. Article 37 of the executive law is REPEALED.
  S 2. Subparagraph iv of paragraph (a) of subdivision 2 of section  122
of  the public service law is REPEALED and subparagraph v, as relettered
by chapter 362 of the laws of 1987, is relettered subparagraph iv.
  S 3. Paragraph (g) of subdivision 1  of  section  124  of  the  public
service  law  is  REPEALED and paragraphs (h), (i), (j), (k) and (l), as
relettered by chapter 119 of the laws of 1978, are relettered paragraphs
(g), (h), (i), (j) and (k).
  S 4. Section 130 of the public service law, as amended by chapter  362
of  the  laws of 1987, the closing paragraph as amended by chapter 72 of
the laws of 2004, is amended to read as follows:
  S 130. Powers of municipalities and  state  agencies.  Notwithstanding
any  other provision of law, no state agency, municipality or any agency
thereof may require any approval, consent, permit, certificate or  other
condition  for  the  construction  or operation of a major facility with
respect to which an application for a  certificate  hereunder  has  been
issued,  other than those provided by otherwise applicable state law for
the protection of employees engaged in the construction and operation of
such facility, and provided that in the case of  a  municipality  or  an

S. 2810                            14                            A. 4010

agency  thereof,  such municipality has received notice of the filing of
the application therefor.
  [Neither  the  Tug Hill commission nor the] THE Adirondack park agency
shall NOT hold public hearings for a major utility transmission facility
with respect to which an application hereunder has been filed,  provided
that  such  [commission  or] agency has received notice of the filing of
such application.
  S 5. Section 533 of the real property tax law, as amended  by  chapter
225 of the laws of 2000, is amended to read as follows:
  S  533. Certain conservation easements created pursuant to title three
of article forty-nine of the environmental  conservation  law  hereafter
acquired  by the state within the Adirondack or Catskill parks, as those
areas are defined in such law and lands within the watershed of  Hemlock
and  Canadice  lakes  in  the towns of Livonia, Conesus, West Sparta and
Springwater in Livingston county, the towns of Canadice and Richmond  in
Ontario  county  and  the  town  of Wayland in Steuben county, and lands
within the APPROXIMATELY TWENTY-ONE HUNDRED SQUARE MILE Tug Hill region,
[as defined in article thirty-seven of the executive law] LYING  BETWEEN
LAKE ONTARIO, THE BLACK RIVER AND ONEIDA LAKE, shall be subject to taxa-
tion  for  all  purposes.  Any conservation easement created pursuant to
title three of article forty-nine of the environmental conservation  law
hereafter acquired by the state within the Adirondack or Catskill parks,
as those areas are defined in such law or acquired by the state on lands
within the watershed of Hemlock and Canadice lakes in the towns of Livo-
nia,  Conesus,  West  Sparta  and  Springwater in Livingston county, the
towns of Canadice and Richmond in Ontario county and the town of Wayland
in Steuben county, or acquired by the state on lands within the Tug Hill
region [as defined in article thirty-seven of the executive law],  shall
be  subject  to  taxation  for  all  purposes.  Any  common law easement
acquired on or before January first,  nineteen  hundred  ninety  by  the
state for conservation purposes within the Adirondack or Catskill parks,
as  those areas are defined in the environmental conservation law, shall
be subject to taxation for all purposes. The  value  of  such  interests
shall  be  equivalent  to  the change, if any, in the value of the lands
subject to the easement. The  procedures  set  forth  in  sections  five
hundred forty, five hundred forty-two, five hundred forty-three and five
hundred forty-four of this title shall govern the assessment and payment
of  taxes  thereon.  If the acquisition by or conveyance to the state of
any such easement is determined to be void by  any  court  of  competent
jurisdiction,  tax  payments on such easement paid by the state prior to
the date of such determination shall be retained by  the  recipient  and
shall be deemed to have been a grant-in-aid by the state.
  S 6. This act shall take effect immediately.

                                 PART N

  Section 1. Paragraph (e) of subdivision 1 of section 169 of the execu-
tive law, as separately amended by section 11 of part A-1 and section 10
of  part  O  of  chapter  56  of the laws of 2010, is amended to read as
follows:
  (e) [chairman of state athletic commission,]  chairman  and  executive
director  of consumer protection board, director of the office of victim
services, chairman of human rights appeal board, chairman of the  indus-
trial  board of appeals, chairman of the state commission of correction,
members of the board of parole, members of the state racing and wagering
board, member-chairman of unemployment insurance appeal board,  director

S. 2810                            15                            A. 4010

of  veterans'  affairs,  and  vice-chairman of the workers' compensation
board;
  S 2. This act shall take effect immediately.

                                 PART O

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

S. 2810                            16                            A. 4010

  S 6. Paragraph (d) of subdivision 1 of  section  202-d  of  the  state
administrative  procedure  act,  as  added by chapter 193 of the laws of
2008, is amended to read as follows:
  (d)  An  agency  shall  identify each rule described in its regulatory
agenda for which a regulatory flexibility analysis or a rural area flex-
ibility analysis may be required, and shall provide outreach  as  appro-
priate  to  potentially affected small businesses, local governments and
public and private interests in rural areas. Such outreach  may  include
solicitation  of  input  from potentially affected parties through elec-
tronic means or through any of the activities listed in subdivision  six
of  section  two  hundred  two-b  and  subdivision  seven of section two
hundred two-bb of this article. [In addition, the agency shall provide a
copy of the description of each rule subject to the provisions  of  this
paragraph  to  the  governor's office of regulatory reform, which may in
its discretion include the description and additional information on the
rule in the quarterly report issued pursuant  to  subdivision  eight  of
section two hundred two-b of this article.]
  S 7. This act shall take effect immediately; provided, that the amend-
ment  to  paragraph  (d)  of subdivision 1 of section 202-d of the state
administrative procedure act made by section six of this act  shall  not
affect  the  expiration  of such paragraph and shall be deemed to expire
therewith.

                                 PART P

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

                                 PART Q

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

S. 2810                            17                            A. 4010

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, 2011.

                                 PART R

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

                                 PART S

  Section  1.  Section 9 of chapter 67 of the laws of 1992, amending the
environmental conservation law relating to pesticide  product  registra-
tion  timetables and fees, as amended by section 1 of part FF of chapter
59 of the laws of 2008, is amended to read as follows:
  S 9. This act shall take effect April 1, 1992 provided, however,  that
section  [3] THREE of this act shall take effect July 1, 1993 [and shall
expire and be deemed repealed on July 1, 2011].
  S 2. Section   33-0705  of  the  environmental  conservation  law,  as
amended  by  section  2  of  part  FF of chapter 59 of the laws of 2008,
subdivisions a and b as amended by section 5 of part YY of chapter 59 of
the laws of 2009, is amended to read as follows:
S 33-0705. Fee for registration.
  The applicant for registration shall pay a fee as follows:
  a. [On or before July 1, 2011,  six]  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] FOR all others, six hundred twenty
dollars for each pesticide proposed to be registered[;
  c. After July 1, 2011, fifty dollars for each pesticide proposed to be
registered].
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART T

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 45 to read as follows:
  45. ISSUE REQUESTS FOR PROPOSALS  TO  IMPLEMENT  AGRICULTURAL  PROJECT
GRANTS  WITHIN  THE  LIMITS OF ANY APPROPRIATIONS THEREFOR; AND CONTRACT
FOR SERVICES TO CARRY OUT SUCH PROGRAM.

S. 2810                            18                            A. 4010

  A. THE COMMISSIONER MAY AWARD GRANTS, WITHIN  AVAILABLE  FUNDING,  FOR
THE  ESTABLISHMENT,  MAINTENANCE,  OR  EXPANSION  OF AGRICULTURAL INITI-
ATIVES, LOCAL UNIVERSITY PROGRAMS, FARM VIABILITY  INITIATIVES,  OR  FOR
OPERATING  ASSISTANCE FOR PROGRAMS OF REGIONAL OR STATEWIDE SIGNIFICANCE
RELATED  TO THE MARKETING, PROMOTION, EDUCATION AND RESEARCH OF AGRICUL-
TURAL  PRODUCTS  AND  BUSINESS  MANAGEMENT,  ENVIRONMENTAL   MANAGEMENT,
OUTREACH AND COUNSELING.
  B.  GRANTS  SHALL  BE AWARDED ON A COMPETITIVE BASIS THROUGH A REQUEST
FOR PROPOSAL PROCESS.  SUCH  GRANTS  SHALL  BE  AWARDED  FOR  WORTHWHILE
PROJECTS  THROUGHOUT THE STATE, TO THE EXTENT PRACTICABLE, SO THAT BROAD
GEOGRAPHIC REPRESENTATION IS ACHIEVED.
  C. THE COMMISSIONER IS HEREBY AUTHORIZED TO ESTABLISH  PROGRAM  GUIDE-
LINES  FOR  PROPOSAL  SUBMISSION PURSUANT TO THIS SECTION, INCLUDING BUT
NOT LIMITED TO: ELIGIBLE APPLICANTS; PROJECT ELIGIBILITY  AND  SELECTION
PROCESS;  PROJECT  PROPOSAL  FORMAT; ELIGIBLE COSTS; PROJECT IMPLEMENTA-
TION; AND REPORTING.
  S 2. Subdivision 7 of section 297 of the agriculture and markets  law,
as  added  by  chapter  269  of  the laws of 2000, is amended to read as
follows:
  7. Grant awards. Project grants for contractual services that  further
development of the state's food and agriculture industry as described in
this  article  shall be awarded on a competitive basis through a request
for proposal process.  Such  grants  shall  be  awarded  for  worthwhile
projects  throughout the state, to the extent practicable, so that broad
geographic representation is achieved. At  least  one  solicitation  for
project  proposals shall be held within each fiscal year in which appro-
priations are made for the food  and  agriculture  industry  development
program.  [Grant awards for an individual project shall not exceed sixty
thousand dollars within a single state fiscal year.]
  S 3. Paragraph b of subdivision 1 of section 329  of  the  agriculture
and markets law, as added by chapter 249 of the laws of 2004, is amended
to read as follows:
  b.  to  an  applicant,  other  than a county agricultural and farmland
protection board, for the development of a farmland viability plan or  a
portion  of  such  a plan, which shall assess overall farm profitability
and identify potential strategies for improved farm  profitability  such
as  farm  expansion,  value  added production, diversification, environ-
mental management, or marketing and promotional activities, [and] OR
  S 4. This act shall take effect immediately.

                                 PART U

  Section 1. Subparagraph (i) of paragraph c of subdivision 3 of section
16-s of section 1 of chapter 174 of the laws of 1968,  constituting  the
urban development corporation act, as amended by section 1 of part XX of
chapter 59 of the laws of 2009, is amended to read as follows:
  (i)  An  eligible  food  market applicant may be a for-profit business
enterprise (including a corporation,  limited  liability  company,  sole
proprietor,  cooperative  or  partnership),  [a  nonprofit organization]
NOT-FOR-PROFIT CORPORATION, AGRICULTURAL COOPERATIVE CORPORATION, PUBLIC
BENEFIT CORPORATION, MUNICIPAL CORPORATION, REGIONAL MARKET FACILITY, or
a food cooperative.
  S 2. Section 16 of the agriculture  and  markets  law  is  amended  by
adding new subdivision  46 to read as follows:
  46.  WITHIN THE AMOUNT OF MONIES APPROPRIATED OR OTHERWISE MADE AVAIL-
ABLE THEREFOR, ESTABLISH, ADMINISTER AND OPERATE,  OR  PROVIDE  FOR  THE

S. 2810                            19                            A. 4010

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

                                 PART V

  Section 1. Article 4-A of the navigation law is REPEALED.
  S  2.  Subdivision  3  of  section  97-nn of the state finance law, as
amended by chapter 524 of the laws  of  2008,  is  amended  to  read  as
follows:
  3.  The  "I love NY waterways" boating safety account shall consist of
the revenues required to be deposited  pursuant  to  the  provisions  of
sections  seventy-eight  and  two hundred one of the navigation law, and
all other moneys credited or transferred thereto from any other fund  or
source pursuant to law and shall be available for the administration and
enforcement  of  the boating safety program [including payments to coun-
ties for expenditures incurred in connection with such county's waterway
boating safety program pursuant to section seventy-nine-b of the naviga-
tion law,] including costs and expenses incidental and appurtenant ther-
eto.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART W

  Section  1. Subdivision 3 of section 99-h of the state finance law, as
amended by section 1 of part QQ of chapter 59 of the laws  of  2009,  is
amended to read as follows:

S. 2810                            20                            A. 4010

  3. Moneys of the account, following [appropriation] THE SEGREGATION OF
APPROPRIATIONS  ENACTED  by  the  legislature,  shall  be  available for
purposes including but not limited to: (a) reimbursements or payments to
municipal governments that host tribal casinos  pursuant  to  a  tribal-
state compact for costs incurred in connection with services provided to
such  casinos  or  arising as a result thereof, for economic development
opportunities and job expansion programs  authorized  by  the  executive
law; provided, however, that for any gaming facility located in the city
of  Buffalo,  the city of Buffalo shall receive a minimum of twenty-five
percent of the negotiated percentage of the  net  drop  from  electronic
gaming  devices the state receives pursuant to the compact, and provided
further that for any gaming facility located  in  the  city  of  Niagara
Falls, county of Niagara a minimum of twenty-five percent of the negoti-
ated percentage of the net drop from electronic gaming devices the state
receives pursuant to the compact shall be distributed in accordance with
subdivision  four  of  this  section,  and provided further that for any
gaming facility located in the county or counties of Cattaraugus,  Chau-
tauqua  or  Allegany, the municipal governments of the state hosting the
facility shall collectively receive a minimum of twenty-five percent  of
the negotiated percentage of the net drop from electronic gaming devices
the  state  receives  pursuant to the compact; and provided further that
pursuant to chapter five hundred ninety of  the  laws  of  two  thousand
four,  a  minimum of twenty-five percent of the revenues received by the
state pursuant to the state's compact with the St.  Regis  Mohawk  tribe
shall  be  made  available to the counties of Franklin and St. Lawrence,
and affected towns in such counties. Each such county and  its  affected
towns  shall  receive  fifty percent of the moneys made available by the
state; and (b) support and services of treatment  programs  for  persons
suffering from gambling addictions. Moneys not [appropriated] SEGREGATED
for  such  purposes  shall  be  transferred  to the general fund for the
support of government during the fiscal year in which they are received.
  S 2. Subdivision 3 of section  99-h  of  the  state  finance  law,  as
amended  by  section  1  of part V of chapter 59 of the laws of 2006, is
amended to read as follows:
  3. Moneys of the account, following [appropriation] THE SEGREGATION OF
APPROPRIATIONS ENACTED  by  the  legislature,  shall  be  available  for
purposes including but not limited to: (a) reimbursements or payments to
municipal  governments  that  host  tribal casinos pursuant to a tribal-
state compact for costs incurred in connection with services provided to
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 or Niagara, the municipal governments hosting the facili-
ty  shall  collectively  receive a minimum of twenty-five percent of the
negotiated percentage of the net drop from electronic gaming devices the
state receives pursuant to the compact and provided further that for any
gaming facility located in the county or counties of Cattaraugus,  Chau-
tauqua  or  Allegany, the municipal governments of the state hosting the
facility shall collectively receive a minimum of twenty-five percent  of
the negotiated percentage of the net drop from electronic gaming devices
the  state  receives  pursuant to the compact; and provided further that
pursuant to chapter five hundred ninety of  the  laws  of  two  thousand
four,  a  minimum of twenty-five percent of the revenues received by the
state pursuant to the state's compact with the St.  Regis  Mohawk  tribe
shall  be  made  available to the counties of Franklin and St. Lawrence,
and affected towns in such counties. Each such county and  its  affected

S. 2810                            21                            A. 4010

towns  shall  receive  fifty percent of the moneys made available by the
state; and (b) support and services of treatment  programs  for  persons
suffering from gambling addictions. Moneys not [appropriated] SEGREGATED
for  such  purposes  shall  be  transferred  to the general fund for the
support of government during the fiscal year in which they are received.
  S 3. Clause 5 of subparagraph (ii) of paragraph (a) of  subdivision  4
of  section  99-h  of  the state finance law, as amended by section 2 of
part QQ of chapter 59 of the  laws  of  2009,  is  amended  to  read  as
follows:
  (5)  within  thirty-five days upon receipt of such funds by such city,
one percent [or three  hundred  fifty  thousand  dollars,  whichever  is
greater,]  of  the  total  annual  amount  received in each year, NOT TO
EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS  ANNUALLY  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
  S 4. This act shall take effect immediately; provided that:
  (a)  the  amendments  to  subdivision  3  of section 99-h of the state
finance law made by section one of this act  shall  be  subject  to  the
expiration  and reversion of such section pursuant to section 2 of chap-
ter 747 of the laws of  2006,  as  amended,  when  upon  such  date  the
provisions of section two of this act shall take effect; and
  (b)  the  amendments to clause 5 of subparagraph (ii) of paragraph (a)
of subdivision 4 of section 99-h  of  the  state  finance  law  made  by
section  three  of  this  act  shall  not  affect the expiration of such
section and shall be deemed to expire therewith.

                                 PART X

  Section 1. The  racing,  pari-mutuel  wagering  and  breeding  law  is
amended by adding a new section 113 to read as follows:
  S  113.  SUPPLEMENTAL  REGULATORY  FEE. 1. IN ORDER TO PROVIDE SUPPLE-
MENTAL FUNDING TO SUPPORT THE OPERATIONS OF THE STATE RACING AND  WAGER-
ING  BOARD, 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  WITHHOLD
TWO AND THREE-QUARTERS PERCENT OF ALL PURSES. THE TOTAL AMOUNT COLLECTED
BASED  ON  PURSES IN RACES CONDUCTED DURING THE PRECEDING MONTH SHALL BE
PAID TO THE RACING AND WAGERING BOARD  ON  THE  FIFTEENTH  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
REQUIRED  AMOUNT  SHALL  BE  PAYABLE  IN CASE ANY AMOUNT 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 THEREFORE 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

S. 2810                            22                            A. 4010

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
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, ESTABLISHED
PURSUANT  TO  SECTION  NINETY-NINE-I OF THE STATE FINANCE LAW, UNDER THE
JOINT CUSTODY OF THE COMPTROLLER AND THE BOARD, THE TOTAL AMOUNT OF  THE
FEES  RECEIVED 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 immediately.

                                 PART Y

  Section 1. Subdivisions 1 and 6 of section 408 of the general business
law, as added by chapter 509 of the laws of 1992, are amended to read as
follows:
  1. All licenses shall expire [two] FOUR years from the date  of  issu-
ance.
  6. Any license, which has not been suspended or revoked, may, upon the
payment  of  the renewal fee, be renewed for additional periods of [two]
FOUR years from its application, without further examination,  upon  the
filing of an application for such renewal, on a form to be prescribed by
the secretary.
  S  2.  Subdivisions  1, 2 and 7 of section 409 of the general business
law, subdivision 1 as amended by chapter 341 of the  laws  of  1998  and
subdivisions  2  and  7 as added by chapter 509 of the laws of 1992, are
amended to read as follows:
  1. The non-refundable fee for an application for a license  to  engage
in the practice of nail specialty, waxing, natural hair styling, esthet-
ics  or  cosmetology,  shall be [twenty] FORTY dollars initially and for
each renewal thereof the fee shall be [twenty] FORTY  dollars;  the  fee
for a temporary license and each renewal shall be ten dollars.
  2.  The  fee  for  an appearance enhancement business license shall be
[thirty] SIXTY dollars initially and [thirty]  SIXTY  dollars  for  each
renewal thereof.
  7.  The  fees  herein set forth shall be those for licenses issued for
the license period of [two] FOUR years.
  S 3. Subdivisions 2 and 4 of section 437 of the general business  law,
subdivision 2 as amended by chapter 497 of the laws of 1985 and subdivi-
sion  4 as added by chapter 801 of the laws of 1946 and as renumbered by
chapter 263 of the laws of 1949, are amended to read as follows:
  2. A certificate of registration as an apprentice shall be for a peri-
od of [two] FOUR years.
  4. A certificate of registration expiring in any year, which  has  not
been  revoked,  may, upon payment of the fee prescribed by this article,
be renewed for additional periods of [two] FOUR  years  upon  filing  an

S. 2810                            23                            A. 4010

application therefor and the certificate mentioned in subdivision two on
condition,  however,  that  no certificate of registration may be issued
after one renewal, unless the applicant for such certificate  of  regis-
tration has complied with all the provisions of this article relating to
apprentices.
  S  4. Subdivisions 1 and 4 of section 439 of the general business law,
subdivision 1 as amended by chapter 497 of the laws of 1985 and subdivi-
sion 4 as amended by chapter 243 of the laws of  1999,  are  amended  to
read as follows:
  1.  All  licenses, except temporary licenses, shall be for a period of
[two] FOUR years.
  4. Any license or certificate, except a temporary license,  which  has
not  been suspended or revoked, may, upon the payment of the renewal fee
prescribed by this article, be renewed for additional periods  of  [two]
FOUR  years  from  its expiration, without further examination, upon the
filing of any application for such renewal, on a form to  be  prescribed
by  the  secretary  of state, accompanied by the certificate required by
paragraph (c) and the certificate of completion  required  by  paragraph
(e-1)  of  subdivision  one  of section four hundred thirty-four of this
article.
  S 5. Subdivisions 1, 2, 4 and 8 of section 440 of the general business
law, as amended by chapter 61 of the laws of 1989, are amended  to  read
as follows:
  1.  The fee for a license to engage in the practice of barbering shall
be [twenty] FORTY dollars and for each renewal thereof the fee shall  be
[twenty] FORTY dollars.
  2.  The  fee  for a license to conduct a barber shop shall be [thirty]
SIXTY dollars and for each renewal thereof the  fee  shall  be  [thirty]
SIXTY dollars.
  4.  The fee for the registration or the renewal of the registration of
an apprentice shall be [ten] TWENTY dollars.
  8. The fees hereinabove set forth shall be those for  licenses  issued
for  the  license  period  of  [two]  FOUR  years.   Notwithstanding the
provisions of subdivision one of section  four  hundred  thirty-nine  of
this  article,  after [January first, nineteen hundred eighty-six] APRIL
FIRST, TWO THOUSAND ELEVEN, the secretary of state  shall  assign  stag-
gered expiration dates for outstanding licenses that have been previous-
ly  renewed  [on  June  thirtieth  of each year] and such licenses shall
thereafter expire  [two]  FOUR  years  from  the  assigned  date  unless
renewed.  [If  the  assigned date results in a term that exceeds twenty-
four months, the applicant shall pay an additional  prorated  adjustment
together  with  the  regular  renewal fee.] The secretary of state shall
assign dates to existing licenses in a manner which shall  result  in  a
term of not less than [two] FOUR years.
  S 6. This act shall take effect immediately.

                                 PART Z

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 104 to read as follows:
  S 104. ELECTRONIC REAL PROPERTY TAX ADMINISTRATION. 1.   NOTWITHSTAND-
ING  ANY  PROVISION  OF  LAW TO THE CONTRARY, THE COMMISSIONER IS HEREBY
AUTHORIZED TO ESTABLISH  STANDARDS  FOR  ELECTRONIC  REAL  PROPERTY  TAX
ADMINISTRATION  (E-RPT).  SUCH  STANDARDS  SHALL SET FORTH THE TERMS AND
CONDITIONS UNDER WHICH THE VARIOUS TASKS ASSOCIATED WITH  REAL  PROPERTY
TAX  ADMINISTRATION  MAY BE EXECUTED ELECTRONICALLY, DISPENSING WITH THE

S. 2810                            24                            A. 4010

NEED FOR PAPER DOCUMENTS. SUCH TASKS SHALL INCLUDE BUT  NOT  BE  LIMITED
TO:
  (A) THE FILING OF EXEMPTION APPLICATIONS;
  (B) THE FILING OF PETITIONS FOR ADMINISTRATIVE REVIEW OF ASSESSMENTS;
  (C) THE FILING OF PETITIONS FOR JUDICIAL REVIEW OF ASSESSMENTS;
  (D)  THE  FILING  OF  APPLICATIONS  FOR  ADMINISTRATIVE CORRECTIONS OF
ERRORS;
  (E) THE ISSUANCE OF STATEMENTS OF TAXES;
  (F) THE PAYMENT OF TAXES, SUBJECT TO THE PROVISIONS OF  SECTIONS  FIVE
AND FIVE-B OF THE GENERAL MUNICIPAL LAW;
  (G) THE PROVISION OF RECEIPTS FOR THE PAYMENT OF TAXES;
  (H)  THE  ISSUANCE  OF  TAXPAYER  NOTICES  REQUIRED  BY LAW, INCLUDING
SECTIONS FIVE HUNDRED EIGHT, FIVE HUNDRED TEN, FIVE HUNDRED TEN-A,  FIVE
HUNDRED  ELEVEN,  FIVE  HUNDRED TWENTY-FIVE AND FIVE HUNDRED FIFTY-ONE-A
THROUGH FIVE HUNDRED FIFTY-SIX-B OF THIS CHAPTER; AND
  (I) THE FURNISHING OF NOTICES  AND  CERTIFICATES  UNDER  THIS  CHAPTER
RELATING  TO  STATE  EQUALIZATION  RATES, RESIDENTIAL ASSESSMENT RATIOS,
SPECIAL FRANCHISE ASSESSMENTS, RAILROAD CEILINGS, TAXABLE  STATE  LANDS,
ADVISORY  APPRAISALS,  AND  THE  CERTIFICATION  OF  ASSESSORS AND COUNTY
DIRECTORS OR REAL PROPERTY TAX SERVICES.
  2. SUCH STANDARDS SHALL BE DEVELOPED  AFTER  CONSULTATION  WITH  LOCAL
GOVERNMENT  OFFICIALS, THE OFFICE OF COURT ADMINISTRATION AND THE OFFICE
OF THE STATE COMPTROLLER.
  3. (A) TAXPAYERS SHALL NOT BE OBLIGED TO ACCEPT NOTICES, STATEMENTS OF
TAXES, RECEIPTS FOR THE PAYMENT OF TAXES, OR OTHER  DOCUMENTS  ELECTRON-
ICALLY  UNLESS  THEY  HAVE SO ELECTED. TAXPAYERS WHO HAVE NOT SO ELECTED
SHALL BE SENT SUCH COMMUNICATIONS IN THE MANNER  OTHERWISE  PROVIDED  BY
LAW.
  (B)  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, ASSESSORS
AND OTHER MUNICIPAL OFFICIALS, SPECIAL  FRANCHISE  OWNERS  AND  RAILROAD
COMPANIES  SHALL BE OBLIGED TO ACCEPT AND RESPOND TO COMMUNICATIONS FROM
THE COMMISSIONER ELECTRONICALLY UNLESS HE, SHE OR IT  HAS  CERTIFIED  TO
THE  COMMISSIONER  THAT  HE, SHE OR IT IS INCAPABLE OF DOING SO DUE TO A
LACK OF THE NECESSARY HARDWARE OR SOFTWARE.
  (C) THE STANDARDS PRESCRIBED BY  THE  COMMISSIONER  PURSUANT  TO  THIS
SECTION  SHALL PROVIDE FOR THE COLLECTION OF ELECTRONIC CONTACT INFORMA-
TION, SUCH AS E-MAIL ADDRESSES AND/OR  SOCIAL  NETWORK  USERNAMES,  FROM
TAXPAYERS  WHO  HAVE  ELECTED  TO  RECEIVE  ELECTRONIC COMMUNICATIONS IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH  INFORMATION  SHALL
BE  EXEMPT FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH SECTION EIGHTY-NINE
OF THE PUBLIC OFFICERS LAW.
  4. WHEN A DOCUMENT HAS BEEN TRANSMITTED ELECTRONICALLY  IN  ACCORDANCE
WITH  THE  PROVISIONS  OF  THIS SECTION AND THE STANDARDS ADOPTED BY THE
COMMISSIONER HEREUNDER, IT SHALL BE DEEMED  TO  SATISFY  THE  APPLICABLE
LEGAL  REQUIREMENTS  TO THE SAME EXTENT AS IF IT HAD BEEN MAILED VIA THE
UNITED STATES POSTAL SERVICE.
  S 2. Subdivision 1 of section 500 of the real  property  tax  law,  as
amended  by  chapter  479  of  the  laws  of 2008, is amended to read as
follows:
  1. The assessors in each city and town shall maintain an inventory  of
all  the real property located therein including the names of the owners
thereof and complete an annual update thereto on or before the first day
of March. The physical characteristics of real property included in such
inventory shall constitute a public record and shall  be  available  for
public inspection and copying in accordance with paragraph (b) of subdi-
vision  two of section eighty-seven of the public officers law except as

S. 2810                            25                            A. 4010

provided in paragraphs (d) and (f) of subdivision two of section  eight-
y-seven  of  the  public  officers law. Disclosure of the inventory data
shall not be considered an unwarranted invasion of personal  privacy  as
defined in subdivision two of section eighty-nine of the public officers
law.    FOR  ASSESSMENT ROLLS WITH TAXABLE STATUS DATES OCCURRING ON AND
AFTER MARCH FIRST, TWO THOUSAND TWELVE, ALL SUCH RECORDS SHALL BE  MAIN-
TAINED ELECTRONICALLY, IN A FORMAT PRESCRIBED OR APPROVED BY THE COMMIS-
SIONER.
  S  3.  The  opening  paragraph  of  paragraph  (a) of subdivision 1 of
section 922 of the real property tax law, as amended  by  section  5  of
part  B  of  chapter  389  of  the  laws  of 1997, is amended to read as
follows:
  Upon receipt of the tax roll and warrant, the collecting officer shall
mail OR, SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED FOUR  OF  THIS
CHAPTER,  TRANSMIT  ELECTRONICALLY to each owner of real property at the
tax billing address listed thereon a statement  showing  the  amount  of
taxes due on the property. The statement must contain:
  S  4.  Subdivision  1  of section 925 of the real property tax law, as
separately amended by chapters 513 and 568  of  the  laws  of  2002,  is
amended to read as follows:
  1.  (A)  Notwithstanding any contrary provision of this chapter, or of
any general, special or local law, code or charter, if payment  for  the
amount  of  any  taxes on real property, accompanied by the statement of
such taxes, is enclosed in a postpaid wrapper properly addressed to  the
appropriate  collecting  officer  and  is  deposited in a post office or
official depository under the exclusive care and custody of  the  United
States  [post office] POSTAL SERVICE, such payment shall, upon delivery,
be deemed to have been made to such officer on the date  of  the  United
States postmark on such wrapper. If the postmark does not appear on such
wrapper  or  the  postmark  is illegible such payment shall be deemed to
have been made on the date of delivery to such  collecting  officer.  As
used in this section, "taxes on real property" includes special ad valo-
rem levies and special assessments.
  (B)  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT APPLY TO A PAYMENT
THAT HAS BEEN MADE ELECTRONICALLY PURSUANT  TO  SECTION  FIVE-B  OF  THE
GENERAL MUNICIPAL LAW, BUT SHALL APPLY TO A PAYMENT THAT HAS BEEN MAILED
VIA  THE  UNITED STATES POSTAL SERVICE BY A FINANCIAL INSTITUTION ACTING
PURSUANT TO INSTRUCTIONS GIVEN TO IT BY A TAXPAYER ELECTRONICALLY.
  S 5. Section 925-c of the real property tax law, as added  by  section
11  of  part  X of chapter 62 of the laws of 2003, is amended to read as
follows:
  S 925-c. Payment  of  real  property  taxes  via  the  internet.  [1.]
Notwithstanding any contrary provision of this chapter, or of any gener-
al, special or local law, code or charter, [if payment for the amount of
any  taxes on real property, accompanied by sufficient language to iden-
tify the property and tax levy,  is  received  via  the  internet,  such
payment  is  considered  received by the appropriate officer and paid by
the taxpayer at the time the internet transaction is completed and  sent
by the taxpayer.
  2.  Any  local  government  authorizing  the  payment of taxes via the
internet pursuant to section five-b of the general municipal  law  shall
provide  a confirmation page to the taxpayer following the completion of
the internet transaction.  Such  confirmation  page  shall  include,  at
least, the following:
  (a)  the  date the transaction was completed and sent by the taxpayer;
and

S. 2810                            26                            A. 4010

  (b) a notice to the taxpayer to print out and retain the  confirmation
page  as  his  or  her  receipt] REAL PROPERTY TAXES MAY BE PAID VIA THE
INTERNET UNDER THE TERMS AND CONDITIONS SET FORTH IN SECTION  FIVE-B  OF
THE GENERAL MUNICIPAL LAW.
  S  6.  Subdivisions  3 and 3-a of section 955 of the real property tax
law, subdivision 3 as amended by section 7 of part B of chapter  389  of
the laws of 1997 and subdivision 3-a as added by chapter 365 of the laws
of 2010, are amended to read as follows:
  3.  No  later than three weeks after a tax has been paid by a mortgage
investing institution pursuant to this  title,  the  collecting  officer
shall  deliver  [or], mail, OR, SUBJECT TO THE PROVISIONS OF SECTION ONE
HUNDRED FOUR OF THIS CHAPTER, TRANSMIT ELECTRONICALLY a receipt  to  the
mortgagor  for  whom the real property tax escrow account is maintained.
Each such receipt shall be in the same format as a statement  of  taxes,
except  that  the  word  "Paid" (or an equivalent word or words) and the
date of payment shall be clearly displayed thereon.    The  receipt  may
also  display,  if the collecting officer so elects, the name, title and
signature (or initials) of the collecting officer or of  the  authorized
subordinate who received the payment.
  [3-a.  (a)  The  collecting  officer shall deliver or mail the receipt
required under subdivision three  of  this  section  unless  a  taxpayer
requests  to  receive  such  receipt  electronically,  in which case the
collecting officer shall make an electronic  receipt  available  to  the
taxpayer.  The  collecting  officer  shall notify all taxpayers that any
availability of electronic receipts does not preclude  a  taxpayer  from
electing  to  receive a copy of his or her tax receipt in the mail or in
person.
  (b) The provisions of paragraph (a) of this  subdivision  shall  apply
only  to a city, town, or village which by local law provides that elec-
tronic availability of such receipts shall be  an  authorized  means  of
delivery.]
  S  7.  Subdivision  1  of section 986 of the real property tax law, as
amended by section 8 of part B of chapter 389 of the laws  of  1997,  is
amended to read as follows:
  1.  The  collecting officer shall upon request or by notice on the tax
bill of a person paying a  tax,  deliver  [or],  forward  by  mail,  OR,
SUBJECT  TO  THE PROVISIONS OF SECTION ONE HUNDRED FOUR OF THIS CHAPTER,
TRANSMIT ELECTRONICALLY a receipt to such person specifying the date  of
such  payment,  the name of such person, the description of the property
as shown on the tax roll, the name of the person to  whom  the  same  is
assessed,  the amount of such tax and the date of delivery to such offi-
cer of the tax roll on account of which such tax was paid,  except  that
the  collecting officer of the city of New York shall not be required to
give such a receipt unless payment of a tax is made in money  or  unless
the  person paying the tax makes a request therefor in writing.  Nothing
contained in this subdivision shall prevent the collecting officer  from
delivering  [or],  forwarding  by mail, OR TRANSMITTING ELECTRONICALLY a
receipt to any person paying a tax who does not request such  a  receipt
or  make a proper notation on the tax bill.  Provided, however, if a tax
is paid by a mortgage investing institution pursuant to title three-A of
this article, a receipt for each paid tax bill shall be delivered  [or],
mailed,  OR  TRANSMITTED ELECTRONICALLY to the mortgagor pursuant to the
provisions of section nine hundred fifty-five of this article.
  S 8. Subdivision 1 of section 1590 of the real property  tax  law,  as
amended by section 3 of part X of chapter 56 of the laws of 2010, and as

S. 2810                            27                            A. 4010

further  amended by subdivision (b) of section 1 of part W of chapter 56
of the laws of 2010, is amended to read as follows:
  1.  (A)  A  municipal  corporation,  other than a school district or a
village, which prepares assessment rolls by  means  of  electronic  data
processing,  shall  annually  submit  to the commissioner the data files
used in the preparation of each tentative and final assessment roll  and
summaries of the information from the final assessment roll including as
a  minimum  the number of parcels, the total assessed value thereof, and
the total taxable assessed value  thereof.  Such  information  shall  be
submitted  within  ten days of the time of filing the tentative or final
assessment roll, as provided for pursuant to section five hundred six or
five hundred sixteen of this chapter or such other law as may be  appli-
cable.
  (B)(I)  In  addition,  if the assessing unit maintains a website, then
within ten days of the filing of the tentative assessment roll, it shall
post a copy of such roll on its website, with a link thereto prominently
displayed on its home page, and shall not remove  the  same  before  the
final  assessment roll has been filed. In lieu of posting a copy of such
roll on its website, the assessing unit may cause such copy to be posted
on the website of the county in which it is located for the same  period
of  time as otherwise required by this subdivision, provided that a link
thereto shall be prominently displayed on the website of  the  assessing
unit.
  (II)  IF  THE ASSESSING UNIT DOES NOT MAINTAIN A WEBSITE, THEN, WITHIN
TEN DAYS OF THE FILING OF THE TENTATIVE ASSESSMENT ROLL, IT SHALL  CAUSE
A  COPY  OF SUCH ROLL TO BE POSTED ON THE WEBSITE OF THE COUNTY IN WHICH
IT IS LOCATED FOR THE SAME PERIOD OF TIME AS OTHERWISE REQUIRED BY  THIS
SUBDIVISION.
  (C)  WITHIN  TEN  DAYS OF THE FILING OF THE FINAL ASSESSMENT ROLL, THE
ASSESSING UNIT SHALL CAUSE A COPY OF SUCH FINAL ROLL TO BE POSTED EITHER
ON ITS OWN WEBSITE OR ON THE COUNTY'S WEBSITE, IN THE  SAME  MANNER  AND
SUBJECT  TO  THE  SAME  CONDITIONS  AS PROVIDED IN PARAGRAPH (B) OF THIS
SUBDIVISION.
  S 9. The real property tax law is amended by adding a new section 1591
to read as follows:
  S 1591. PARCEL-BASED E-GOVERNMENT DATA SYSTEM. 1. THE COMMISSIONER  IS
HEREBY  AUTHORIZED  TO  IMPLEMENT  A  PARCEL-BASED ELECTRONIC GOVERNMENT
(E-GOVERNMENT) SYSTEM AS PROVIDED HEREIN.
  2. THE SYSTEM SHALL COMPILE  ALL  ASSESSMENT-RELATED  DATA,  INCLUDING
ASSESSMENT  ROLLS,  INVENTORY,  AND  SALES  DATA. THE NECESSARY DATA AND
HARDWARE SERVERS SHALL RESIDE AT THE STATE, REGIONAL  OR  COUNTY  LEVEL,
AND  SHALL  BE  ACCESSED  THROUGH  APPROPRIATE COMMUNICATIONS SYSTEMS AS
DEFINED BY THE COMMISSIONER.
  3. THE SYSTEM SHALL, AT A MINIMUM: (A) MAKE AVAILABLE TO ALL ASSESSING
UNITS AND COUNTIES THE LATEST VERSION OF THE SOFTWARE DEVELOPED  BY  THE
COMMISSIONER  FOR  PROCESSING  ASSESSMENT  DATA,  PROVIDED THAT SOFTWARE
UPDATES SHALL BE INCORPORATED AS NEEDED THROUGH AN ELECTRONIC MEANS THAT
SHALL REQUIRE NO ACTION ON THE PART OF THE USER;
  (B) REDUCE OR ELIMINATE THE INEFFICIENCIES  AND  REDUNDANCIES  IN  THE
EXISTING  SYSTEM, SUCH AS BY ENABLING ASSESSORS TO FILE REPORTS WITH THE
COMMISSIONER ELECTRONICALLY;
  (C) BE A SECURE SYSTEM THAT IS ACCESSIBLE ONLY TO AUTHORIZED USERS  OF
GEOGRAPHICALLY   REFERENCED   PARCEL-LEVEL  INFORMATION,  PROVIDED  THAT
DIFFERENT CLASSES OF USERS SHALL BE GIVEN DIFFERENT LEVELS OF ACCESS, AS
DEFINED BY THE COMMISSIONER, LOCAL GOVERNMENTS SHALL  HAVE  UNRESTRICTED

S. 2810                            28                            A. 4010

ACCESS  TO  THE  DATA RELATING TO THE PROPERTY WITHIN THEIR BORDERS, AND
THE COMMISSIONER SHALL HAVE UNLIMITED ACCESS TO ALL DATA;
  (D) ENABLE ALL DATA QUERIES TO BE MADE IN A UNIFORM MANNER, REGARDLESS
OF WHERE THE DATA MAY RESIDE; AND
  (E) ENSURE THAT ALL DATA IS REGULARLY BACKED UP FOR SECURITY PURPOSES.
  4.  THE  COMMISSIONER  IS  AUTHORIZED TO ENTER INTO SERVICE AGREEMENTS
WITH LOCAL OFFICIALS TO ENSURE THAT THE SYSTEM MAINTAINS ITS FUNCTIONAL-
ITY AND THAT THE DATA THEREON IS KEPT CURRENT AND ACCESSIBLE.
  S 10. Section 5-b of the general municipal law, as added by section 10
of part X of chapter 62 of the laws of 2003, subdivision 1 as amended by
chapter 741 of the laws of 2005, is amended to read as follows:
  S 5-b. Collection of fines, civil penalties, rent, rates, taxes, fees,
charges and other amounts via the internet. 1. The  governing  board  of
any  local  government,  as  that term is defined in section ten of this
article, may, by local law, ordinance or resolution, determine  that  it
is in the public interest and authorize such local government to provide
for  the  acceptance  of  penalties, rents, rates, taxes, fees, charges,
revenue, financial obligations or other  amounts,  including  penalties,
special  assessments or interest via a municipal internet website OR THE
WEBSITE OF A THIRD-PARTY VENDOR  THAT  HAS  CONTRACTED  WITH  THE  LOCAL
GOVERNMENT  TO  RECEIVE SUCH PAYMENTS ON ITS BEHALF.  Submission via the
internet may not, however, be  required  as  the  sole  method  for  the
collection  of fines, civil penalties, rent, rates, taxes, fees, charges
and other amounts. Such payments shall be accepted via the internet in a
manner and condition defined by such local government. Any  method  used
to  receive  internet  payments  shall  comply with article three of the
state technology law and  any  rules  and  regulations  promulgated  and
guidelines  developed thereunder and, at a minimum must (a) authenticate
the identity of the sender; and (b) ensure the security of the  informa-
tion transmitted.
  2.  Any  local  government  authorizing  the  payment of taxes via the
internet shall provide OR DIRECT ITS VENDOR TO  PROVIDE  a  confirmation
page  to  the  taxpayer  following the completion of the internet trans-
action. Such confirmation page shall include, at least, the following:
  (a) the date the internet transaction was completed and  sent  by  the
taxpayer; [and]
  (b) THE AMOUNT PAID;
  (C) A UNIQUE CONFIRMATION NUMBER; AND
  (D)  a  notice  [to] ADVISING the taxpayer to print out and retain the
confirmation page as his or her receipt.
  3. Payments received via the internet shall be considered received  by
the  appropriate officer and paid by the taxpayer at the time the inter-
net transaction is completed and sent by the taxpayer.
  4. The underlying debt,  lien,  obligation,  bill,  account  or  other
amount  owed  to  the  local government for which payment by internet is
accepted by the local  government  shall  not  be  expunged,  cancelled,
released,  discharged or satisfied, and any receipt or other evidence of
payment shall be deemed conditional,  until  the  local  government  has
received final and unconditional payment of the full amount due.
  5.  The  governing board, in enacting a local law, ordinance or resol-
ution pursuant to this section, shall designate which of  its  officers,
charged with the duty of collecting or receiving moneys on behalf of the
local  government,  shall  be authorized to accept such payments via the
internet.
  6. THE STATE COMPTROLLER MAY ISSUE SUCH GUIDELINES AS HE OR SHE  DEEMS
APPROPRIATE GOVERNING THE USE OF THIRD PARTY VENDORS FOR THIS PURPOSE.

S. 2810                            29                            A. 4010

  S 11. Subdivision 2 of section 89 of the public officers law, as added
by  chapter 933 of the laws of 1977, subparagraph (iii) of paragraph (b)
and subparagraph (iii) of paragraph (c) as amended and subparagraph (iv)
of paragraph (c) as added by chapter 223 of the laws of  2008,  subpara-
graph (v) of paragraph (b) as amended and subparagraph (vi) of paragraph
(b)  as  added by chapter 545 of the laws of 1998, is amended to read as
follows:
  2. (a) The committee on public access to records may promulgate guide-
lines regarding  deletion  of  identifying  details  or  withholding  of
records  otherwise  available  under this article to prevent unwarranted
invasions of personal privacy. In the absence  of  such  guidelines,  an
agency may delete identifying details when it makes records available.
  (b)  An  unwarranted  invasion of personal privacy includes, but shall
not be limited to:
  i. disclosure of employment, medical or credit histories  or  personal
references of applicants for employment;
  ii. disclosure of items involving the medical or personal records of a
client or patient in a medical facility;
  iii.  sale  or  release  of lists of names and addresses if such lists
would be used for solicitation or fund-raising purposes;
  iv. disclosure of information of a  personal  nature  when  disclosure
would  result  in economic or personal hardship to the subject party and
such information is not relevant to the work of the agency requesting or
maintaining it; [or]
  v. disclosure of information of a personal nature reported  in  confi-
dence to an agency and not relevant to the ordinary work of such agency;
[or]
  vi.  information  of a personal nature contained in a workers' compen-
sation record, except as provided by section one hundred  ten-a  of  the
workers' compensation law; OR
  VII.  DISCLOSURE  OF ELECTRONIC CONTACT INFORMATION, SUCH AS AN E-MAIL
ADDRESS OR A SOCIAL NETWORK USERNAME, THAT HAS  BEEN  COLLECTED  FROM  A
TAXPAYER UNDER SECTION ONE HUNDRED FOUR OF THE REAL PROPERTY TAX LAW.
  (c) Unless otherwise provided by this article, disclosure shall not be
construed  to  constitute  an  unwarranted  invasion of personal privacy
pursuant to paragraphs (a) and (b) of this subdivision:
  i. when identifying details are deleted;
  ii. when the person to whom a record pertains consents in  writing  to
disclosure;
  iii. when upon presenting reasonable proof of identity, a person seeks
access to records pertaining to him or her; or
  iv.  when  a record or group of records relates to the right, title or
interest in real property, or relates to the inventory, status or  char-
acteristics  of  real  property,  in which case disclosure and providing
copies of such record or group of records shall not be deemed an  unwar-
ranted  invasion of personal privacy, PROVIDED THAT NOTHING HEREIN SHALL
BE CONSTRUED TO AUTHORIZE THE DISCLOSURE OF ELECTRONIC CONTACT  INFORMA-
TION,  SUCH  AS AN E-MAIL ADDRESS OR A SOCIAL NETWORK USERNAME, THAT HAS
BEEN COLLECTED FROM A TAXPAYER UNDER SECTION ONE  HUNDRED  FOUR  OF  THE
REAL PROPERTY TAX LAW.
  S  12.  The  tax  law is amended by adding a new section 35 to read as
follows:
  S 35. USE OF ELECTRONIC MEANS OF  COMMUNICATION.  NOTWITHSTANDING  ANY
OTHER PROVISION OF NEW YORK STATE LAW, WHERE THE DEPARTMENT HAS OBTAINED
AUTHORIZATION  OF AN ONLINE SERVICES ACCOUNT HOLDER, IN SUCH FORM AS MAY
BE PRESCRIBED BY THE COMMISSIONER, THE  DEPARTMENT  MAY  USE  ELECTRONIC

S. 2810                            30                            A. 4010

MEANS  OF  COMMUNICATION  TO FURNISH ANY DOCUMENT IT IS REQUIRED TO MAIL
PER LAW OR REGULATION. IF THE  DEPARTMENT  FURNISHES  SUCH  DOCUMENT  IN
ACCORDANCE  WITH  THIS  SECTION,  DEPARTMENT RECORDS OF SUCH TRANSACTION
SHALL  CONSTITUTE  APPROPRIATE  AND SUFFICIENT PROOF OF DELIVERY THEREOF
AND BE ADMISSIBLE IN ANY ACTION OR PROCEEDING.
  S 13. Section 29 of the tax law, as added by section 1 of part UU1  of
chapter  57  of the laws of 2008 and paragraph (1) of subdivision (e) as
amended by section 1 of part G of chapter 57 of the  laws  of  2010,  is
amended to read as follows:
  S  29.  Mandatory  electronic  filing and payment. (a) For purposes of
this section, the following terms have the specified meanings:
  (1) "Authorized tax document" means a tax document which  the  commis-
sioner has authorized to be filed electronically.
  (2) "Electronic" means computer technology.
  (3)  "Original tax document" means a tax document that is filed during
the calendar year for which that tax document is required  or  permitted
to be filed.
  (4)  "Tax"  means  any tax or other matter administered by the commis-
sioner pursuant  to  this  chapter  or  any  other  provision  of  law[;
provided,  however,  that  the  term  "tax"  does  not include the taxes
imposed by, or pursuant to the authority of, articles twenty-two,  thir-
ty, thirty-A or thirty-B of this chapter].
  (5) "Tax document" means a return, report or any other document relat-
ing to a tax or other matter administered by the commissioner.
  (6)  "Tax  return  preparer" means any person who prepares for compen-
sation, or who employs or engages one or more  persons  to  prepare  for
compensation, any authorized tax document. For purposes of this section,
the term "tax return preparer" also includes a payroll service.
  (7)  "Tax  software"  means any computer software program intended for
tax return preparation purposes. For purposes of this section, the  term
"tax  software"  includes, but is not limited to, an off-the-shelf soft-
ware program loaded onto a tax return preparer's or taxpayer's computer,
an online tax preparation application, or a tax preparation  application
hosted by the department.
  (b) If a tax return preparer [prepared more than one hundred] PREPARES
ANY  original  tax  [documents  during any calendar year beginning on or
after January first, two thousand  seven,  and  if,  in  any  succeeding
calendar  year  that tax return preparer prepares one or more authorized
tax documents] DOCUMENT using tax software, then[, for  that  succeeding
calendar  year  and  for each subsequent calendar year thereafter,] THAT
ORIGINAL TAX  DOCUMENT  AND  all  SUBSEQUENT  authorized  tax  documents
prepared  by  that  tax return preparer must be filed electronically, in
accordance with instructions prescribed by the commissioner.
  (c) If a taxpayer does not utilize a tax return preparer to prepare an
authorized tax document [during any calendar year beginning on or  after
January  first,  two thousand eight], but instead prepares that document
itself using tax software, then[, for that calendar year  and  for  each
subsequent  calendar  year  thereafter,]  all  authorized  tax documents
prepared by the taxpayer using tax  software  must  be  filed  electron-
ically, in accordance with instructions prescribed by the commissioner.
  (d)  [Any]  THE COMMISSIONER MAY REQUIRE tax liability or other amount
due shown on, or required to be paid with, an  authorized  tax  document
required  to  be filed electronically pursuant to subdivision (b) or (c)
of this section [must] TO be paid by  the  taxpayer  electronically,  in
accordance with instructions prescribed by the commissioner.

S. 2810                            31                            A. 4010

  (e)  Failure  to  electronically file or electronically pay.  (1) If a
tax return preparer is required to file authorized tax  documents  elec-
tronically pursuant to subdivision (b) of this section, and that prepar-
er  fails  to  file  one or more of those documents electronically, then
that  preparer  will  be  subject  to  a penalty of [fifty] FIVE HUNDRED
dollars for [each] THE FIRST failure to electronically file  an  author-
ized  tax document, AND ONE THOUSAND DOLLARS FOR EACH SUCCEEDING FAILURE
TO ELECTRONICALLY FILE AN AUTHORIZED TAX DOCUMENT, unless  it  is  shown
that  the  failure  is  due  to  reasonable cause and not due to willful
neglect.
  (2) If a taxpayer is required to ELECTRONICALLY  FILE  ANY  AUTHORIZED
TAX  DOCUMENTS  OR  electronically pay any tax liability or other amount
due shown on, or required to be paid with, an  authorized  tax  document
required  to  be filed electronically pursuant to subdivision (b) or (c)
of this section, and that taxpayer fails to ELECTRONICALLY FILE  ONE  OR
MORE  OF  THOSE TAX DOCUMENTS OR electronically pay one or more of those
liabilities or other amounts due, then that taxpayer will be subject  to
a  penalty  of  fifty  dollars for each INDIVIDUAL TAXPAYER'S failure to
ELECTRONICALLY FILE AN AUTHORIZED TAX DOCUMENT REQUIRED BY  OR  PURSUANT
TO  THE AUTHORITY OF ARTICLE TWENTY-TWO, THIRTY, THIRTY-A OR THIRTY-B OF
THIS CHAPTER OR electronically pay ANY PERSONAL INCOME TAX IMPOSED BY OR
PURSUANT TO THE AUTHORITY OF ANY OF  THOSE  ARTICLES,  AND  ONE  HUNDRED
DOLLARS FOR EACH FAILURE TO ELECTRONICALLY FILE ANY OTHER AUTHORIZED TAX
DOCUMENT  OR  ELECTRONICALLY  PAY ANY OTHER TAX, UNLESS IT IS SHOWN THAT
THE FAILURE IS DUE TO REASONABLE CAUSE AND NOT DUE TO  WILLFUL  NEGLECT.
IN  ADDITION,  ANY TAXPAYER THAT FAILS TO ELECTRONICALLY FILE AN AUTHOR-
IZED TAX DOCUMENT FOR ANY TAX OTHER  THAN  AN  INDIVIDUAL  TAXPAYER  WHO
FAILS  TO  FILE  AN  AUTHORIZED TAX DOCUMENT FOR ANY PERSONAL INCOME TAX
IMPOSED BY OR PURSUANT TO THE AUTHORITY OF ARTICLE  TWENTY-TWO,  THIRTY,
THIRTY-A  OR  THIRTY-B  WILL BE SUBJECT TO THE PENALTY IMPOSED UNDER THE
APPLICABLE ARTICLE FOR THE FAILURE TO FILE A RETURN OR REPORT, WHETHER A
PAPER RETURN OR REPORT HAS BEEN FILED OR NOT.
  (3) 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 the tax to which the electronic transaction relates.  However,
if  the electronic transaction relates to another matter administered by
the commissioner, then the [penally] PENALTY will be assessed, collected
and paid in the same manner as prescribed  by  article  twenty-seven  of
this chapter.
  (4)  IF A TAXPAYER OR TAX RETURN PREPARER FAILS TO ELECTRONICALLY FILE
AN AUTHORIZED TAX DOCUMENT WHEN REQUIRED TO DO SO PURSUANT  TO  SUBDIVI-
SION  (B)  OR (C) OF THIS SECTION, THE TAXPAYER SHALL NOT BE ELIGIBLE TO
RECEIVE INTEREST ON ANY OVERPAYMENT IN ACCORDANCE WITH  THE  OVERPAYMENT
PROVISIONS OF THIS CHAPTER UNTIL SUCH DOCUMENT IS FILED ELECTRONICALLY.
  (f)  The  provisions  of sections nine and ten of this chapter are not
affected by this section and will remain in full force and effect.
  (g) The commissioner  is  authorized  to  promulgate  any  regulations
necessary to implement this section.
  S  14. Paragraph 10 of subsection (g) of section 658 of the tax law is
REPEALED.
  S 15. Paragraph 10 of subdivision (g) of section 11-1758 of the admin-
istrative code of the city of New York is REPEALED.
  S 16. Paragraph 5 of subsection (u) of section 685 of the tax  law  is
REPEALED.
  S  17. Paragraph 5 of subdivision (t) of section 11-1785 of the admin-
istrative code of the city of New York is REPEALED.

S. 2810                            32                            A. 4010

  S 18. Subparagraph (A) of paragraph 3 of subsection (c) of section 658
of the tax law, as amended by section 1 of part H-1 of chapter 57 of the
laws of 2009, is amended to read as follows:
  (A)  Every  subchapter  K  limited  liability  company,  every limited
liability company that is a disregarded entity for  federal  income  tax
purposes,  and  every  partnership which has any income derived from New
York sources, determined in accordance  with  the  applicable  rules  of
section  six  hundred  thirty-one  of  this  article as in the case of a
nonresident individual, shall, within [thirty] SIXTY days after the last
day of the taxable year, make a payment of a filing fee. The  amount  of
the filing fee is the amount set forth in subparagraph (B) of this para-
graph.  The  minimum filing fee is twenty-five dollars for taxable years
beginning in two thousand eight and thereafter. Limited liability compa-
nies that are disregarded entities for federal income tax purposes  must
pay  a  filing fee of twenty-five dollars for taxable years beginning on
or after January first, two thousand eight.
  S 19. Subdivision 4 of section 1315 of the abandoned property law,  as
amended  by  section  2 of part II of chapter 57 of the laws of 2010, is
amended to read as follows:
  4. Any amount representing an unpaid check  or  draft  issued  by  the
state  of  New York which shall have remained unpaid after one year from
the date of issuance OR A DEBIT CARD ISSUED ON BEHALF OF  THE  STATE  OF
NEW  YORK  FOR  THE  PURPOSE OF PAYING A TAX REFUND WHICH SHALL NOT HAVE
BEEN ACTIVATED FOR ONE YEAR FROM THE DATE OF ISSUANCE in accordance with
section one hundred two of the state finance law shall be  deemed  aban-
doned property and shall be paid to the state comptroller.
  S 20. Section 102 of the state finance law, as amended by section 7 of
part P of chapter 62 of the laws of 2003, is amended to read as follows:
  S 102. Amounts of unpaid checks, DRAFTS OR DEBIT CARDS to be paid into
abandoned  property fund.   Upon audit and statement of the comptroller,
the amounts of all checks or drafts on bank accounts of any funds of the
state, AND THE AMOUNTS OF ALL DEBIT CARDS ISSUED ON BEHALF OF THE  STATE
FOR  THE  PURPOSE OF PAYING A TAX REFUND which checks or drafts have not
been paid OR WHICH DEBIT CARDS HAVE NOT BEEN ACTIVATED and  which  shall
have  been  outstanding for more than one year from the respective dates
thereof, shall be paid into the  abandoned  property  fund  pursuant  to
subdivision  four  of  section one thousand three hundred fifteen of the
abandoned property law. The proper disbursing officers or agents of such
funds shall notify the bank or banks on which such checks  [or],  drafts
OR  DEBIT  CARDS  were  drawn not to pay OR PERMIT THE ACTIVATION OF the
same. The comptroller shall keep a  record  of  all  such  checks  [or],
drafts  OR DEBIT CARDS and upon presentation to him by the lawful holder
of any such check [or], draft OR DEBIT CARD at any time, the  amount  of
which shall thus have been paid into the state treasury to the credit of
the  general  fund,  the  comptroller,  to the extent appropriations are
available, shall issue a new check [or], draft OR ELECTRONIC PAYMENT  to
the payee upon submission of proof satisfactory to the comptroller as to
the  legitimacy  of  the  claim  and, if insufficient appropriations are
available, shall include in his next request for appropriations  by  the
legislature  the  amount  or  amounts of any such checks [or], drafts OR
DEBIT CARDS so presented to him, for  the  purpose  of  payment  without
interest to the lawful holder or holders thereof.
  S  21.  Subdivision  (a)  of section 1135 of the tax law is amended by
adding a new paragraph 3 to read as follows:
  (3) (I) FOR THE PURPOSES OF THE PROPER ADMINISTRATION OF THIS  ARTICLE
AND  TO  ENSURE  THE COLLECTION AND PAYMENT OVER OF THE TAXES IMPOSED BY

S. 2810                            33                            A. 4010

THIS ARTICLE AND PURSUANT TO THE AUTHORITY  OF  ARTICLE  TWENTY-NINE  OF
THIS  CHAPTER,  THE  COMMISSIONER  IS  AUTHORIZED  TO REQUIRE ANY PERSON
REQUIRED TO COLLECT TAX WHO FAILS TO COLLECT,  TRUTHFULLY  ACCOUNT  FOR,
PAY  OVER  TAX,  OR FILE RETURNS OF THE TAX AS REQUIRED BY THIS ARTICLE,
AND WHOSE TOTAL TAX DUE FOR THE FOUR MOST RECENT QUARTERLY  PERIODS  FOR
WHICH  DATA IS AVAILABLE EXCEEDS THREE THOUSAND DOLLARS, TO USE A SYSTEM
(CONSISTING OF EQUIPMENT, SOFTWARE,  SERVICES  OR  SOME  COMBINATION  OF
THESE)  CERTIFIED  BY  THE  COMMISSIONER  THAT: (A) CAPTURES INFORMATION
INCLUDING THE SUBJECT OF THE TRANSACTION, THE AMOUNT CHARGED,  THE  TIME
AND  DATE  OF THE TRANSACTION, AND THE AMOUNT OF SALES TAX COLLECTED, IF
ANY; (B) CALCULATES THE TAXES IMPOSED BY THIS ARTICLE OR PURSUANT TO THE
AUTHORITY OF ARTICLE TWENTY-NINE OF THIS CHAPTER ON EACH TRANSACTION FOR
WHICH SUCH PERSON IS REQUIRED TO COLLECT AND PAY OVER  TAX;  (C)  DETER-
MINES  THE  AMOUNT  OF  SUCH  TAXES  REQUIRED  TO  BE REMITTED WITH SUCH
PERSON'S RETURN; (D) DOCUMENTS EACH EXEMPT  TRANSACTION  AND  ASSOCIATES
ANY  REQUIRED  EXEMPTION  CERTIFICATE  OR  OTHER  DOCUMENTATION WITH THE
EXEMPT TRANSACTION; AND (E) MAINTAINS THE RECORDS REQUIRED FOR EACH SUCH
TRANSACTION IN ACCORDANCE WITH THIS SECTION AND ANY OTHER REQUIREMENT OF
THIS CHAPTER. SUCH PERSON SHALL BE REQUIRED TO PROCESS ALL OF ITS SALES,
RENTS OR OCCUPANCIES USING SUCH SYSTEM.
  (II) A PERSON REQUIRED TO COLLECT TAX THAT USES A SYSTEM DESCRIBED  IN
SUBPARAGRAPH (I) OF THIS PARAGRAPH THAT IS CERTIFIED BY THE COMMISSIONER
SHALL  BE  RELIEVED  OF  LIABILITY  FOR: (A) INCORRECTLY CALCULATING THE
AMOUNT OF TAX DUE ON ANY TRANSACTION OR THE AMOUNT REQUIRED TO BE REMIT-
TED WITH SUCH PERSON'S RETURN WITH RESPECT TO ANY SUCH TRANSACTION PROC-
ESSED THROUGH SUCH SYSTEM THAT OCCURS AS A RESULT OF AN ERROR CAUSED  BY
SUCH  SYSTEM, PROVIDED SUCH PERSON COLLECTS THE AMOUNT OF TAX CALCULATED
BY THE SYSTEM FOR EACH SALE AND REMITS THE TAX THE SYSTEM DETERMINES  IS
REQUIRED  TO  BE REMITTED WITH SUCH PERSON'S RETURN; AND (B) THE FAILURE
OF SUCH SYSTEM TO  ACCURATELY  MAINTAIN  THE  DOCUMENTATION  OR  RECORDS
REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  (III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, NOTH-
ING  IN  THIS  PARAGRAPH  OR  ANY  OTHER PROVISION OF THIS CHAPTER SHALL
AFFECT THE LIABILITY OF A PERSON REQUIRED TO COLLECT  TAX  FOR  THE  TAX
IMPOSED,  COLLECTED  OR  REQUIRED  TO BE COLLECTED UNDER THIS ARTICLE OR
PURSUANT TO THE AUTHORITY OF ARTICLE TWENTY-NINE OF THIS CHAPTER.
  S 22. Paragraph 1 of subdivision (a) of section 1136 of the  tax  law,
as  amended  by  chapter  2  of  the laws of 1995, is amended to read as
follows:
  (1) Every  person  required  to  register  with  the  commissioner  as
provided  in section eleven hundred thirty-four OF THIS PART whose taxa-
ble receipts, amusement charges and rents total less than three  hundred
thousand dollars, or in the case of any such person who is a distributor
whose  sales  of  automotive  fuel  total less than one hundred thousand
gallons, in every quarter of the preceding  four  quarters,  shall  only
file  a return quarterly with the commissioner.  PROVIDED, HOWEVER, THAT
IF THE COMMISSIONER IN THE EXERCISE OF HIS OR HER  DISCRETION  DEEMS  IT
NECESSARY  TO PROTECT THE REVENUES TO BE OBTAINED UNDER THIS ARTICLE, HE
OR SHE MAY GIVE NOTICE REQUIRING SUCH PERSON, IN ADDITION  TO  FILING  A
QUARTERLY  RETURN, TO FILE EITHER SHORT-FORM OR LONG-FORM PART QUARTERLY
RETURNS, AS SPECIFIED IN SUCH NOTICE.
  S 23. This act shall take effect immediately; provided, however,  that
sections  thirteen, fourteen, fifteen, sixteen and seventeen of this act
shall apply to tax documents filed or required to be filed on  or  after
the sixtieth day after this act shall become a law.

S. 2810                            34                            A. 4010

  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 Z of this act shall  be
as specifically set forth in the last section of such Parts.

S2810A - Bill Details

See Assembly Version of this Bill:
A4010C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2810A - Bill Texts

view summary

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

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

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

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

                            February 1, 2011
                               ___________

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

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

AN  ACT to authorize funding for the Consolidated Local Street and High-
  way Improvement Program (CHIPS)  and  Marchiselli  program  for  state
  fiscal  year  2011-2012  and to amend chapter 329 of the laws of 1991,
  amending the state finance law and other laws relating to  the  estab-
  lishment of the dedicated highway and bridge trust fund; and providing
  for the repeal of certain provisions upon expiration thereof (Part A);
  to  amend  chapter 279 of the laws of 1998 amending the transportation
  law relating to enabling the commissioner of transportation to  estab-
  lish  a  single  audit  pilot  program,  in  relation  to  making such
  provisions permanent (Part B); to amend chapter 312  of  the  laws  of
  1994,  amending the vehicle and traffic law relating to suspensions of
  licenses pending prosecution of certain alcohol-related  charges,  and
  authorizations  for probationary and conditional drivers' licenses, in
  relation to the effectiveness thereof (Part C); to amend  chapter  533
  of  the  laws  of  1993,  amending the vehicle and traffic law and the
  correction law relating  to  suspension  and  revocation  of  driver's
  licenses upon conviction of certain drug-related offenses, in relation
  to  the  effectiveness  thereof  (Part D); to amend chapter 569 of the
  laws of 1981, amending the vehicle and traffic law relating  to  motor
  vehicle  liability  insurance,  financial  security, criminal acts and
  penalties for non-compliance, in relation to making provisions  perma-
  nent; and to amend chapter 781 of the laws of 1983, amending the vehi-
  cle and traffic law and other laws relating to motor vehicle liability
  insurance, financial security, criminal acts and certain penalties for
  non-compliance,  in  relation to making provisions permanent (Part E);
  to amend the vehicle and traffic law and the criminal  procedure  law,
  in  relation  to  governing operators of commercial motor vehicles and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12573-02-1

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

  federal requirements for  medical  certification  pertaining  to  such
  operators  (Part F); to amend chapter 393 of the laws of 1994 amending
  the New York state urban development corporation act, relating to  the
  powers  of  the  New  York state urban development corporation to make
  loans, in relation to the effectiveness thereof (Part G); to amend the
  state finance law, in relation to the  excelsior  linked  deposit  act
  (Part  H);  to amend part U of chapter 57 of the laws of 2005 amending
  the labor law and other laws implementing the state  fiscal  plan  for
  the  2005-2006  state  fiscal  year, relating to New York state higher
  education matching grant program for independent colleges, in relation
  to the effectiveness thereof (Part I); to amend the public authorities
  law, in relation to the state governmental cost recovery  system;  and
  to  repeal  section  2975-a  of such law relating thereto (Part J); to
  amend the executive law, in relation to the community  services  block
  grant  program; and to amend chapter 728 of the laws of 1982 and chap-
  ter 710 of the laws of 1983, amending the executive  law  relating  to
  community services block grant programs, in relation to the effective-
  ness thereof (Part K); to amend chapter 21 of the laws of 2003, amend-
  ing 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  L);  to
  amend  the  public  service  law  and  the  real  property tax law, in
  relation to repealing the Tug Hill commission and  to  repeal  certain
  provisions  of  the  executive law and the public service law relating
  thereto (Part M); to amend the executive law, in relation to the sala-
  ry of the chairperson of the New York State athletic commission  (Part
  N);  to  amend the executive law, the economic development law and the
  state administrative procedure act, in  relation  to  the  removal  of
  statutory  references  to  the governor's office of regulatory reform;
  and to repeal subdivision 8 of section 202-b of the state  administra-
  tive procedure act, relating thereto (Part O); to authorize and direct
  the New York state energy research and development authority to make a
  payment  to  the general fund of up to $913,000 (Part P); to authorize
  the New York  State  Energy  Research  and  Development  Authority  to
  finance  a  portion of its research, development and demonstration and
  policy and planning programs from  assessments  on  gas  and  electric
  corporations  (Part  Q);  to  authorize  the  department  of health to
  finance certain activities with revenues generated from an  assessment
  on  cable  television  companies  (Part R); to amend the environmental
  conservation law and chapter 67 of the laws of 1992 amending the envi-
  ronmental conservation law relating to pesticide product  registration
  timetables and fees, in relation to pesticide registration time frames
  and fees (Part S); to amend the agriculture and markets law, authoriz-
  ing the commissioner of agriculture and markets to establish a compet-
  itive  grants  program  (Part  T);  to  amend the New York state urban
  development   corporation   act,   in   relation   to   the    healthy
  food/communities initiative; to amend the agriculture and markets law,
  in relation to authorizing the establishment of a revolving loan fund;
  and to amend the agriculture and markets law, in relation to state aid
  for  farmers'  markets  (Part  U);  to amend the state finance law, in
  relation to the "I Love NY waterways" boating safety account;  and  to
  repeal  article  4-A of the navigation law, relating to enforcement by
  counties (Part V); to amend the state finance law, in relation to  the
  transfer of tribal compact revenue to the general fund and to the city
  of  Niagara  Falls (Part W); to amend the racing, pari-mutuel wagering

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

  and breeding law, in relation to assessing a surcharge on purses (Part
  X); to amend the general business law, in relation to  increasing  the
  term  of  licensure  and registration from two to four years (Part Y);
  and to amend the real property tax law, the general municipal law, the
  public  officers  law, the tax law, the abandoned property law and the
  state finance law, in relation to establishing standards for electron-
  ic real property tax administration, allowing the department of  taxa-
  tion  and finance to use electronic communication means to furnish tax
  notices and other documents, mandatory electronic filing of tax  docu-
  ments, debit cards issued for tax refunds, improving sales tax compli-
  ance  and to repeal certain provisions of the tax law and the adminis-
  trative code of the city of New York relating thereto (Part Z)

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

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

                                 PART A

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

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

as amended, shall additionally make payments for reimbursement according
to the following schedule:
                    State Fiscal Year        Amount
                    2011-12                  $39,700,000
  (b)   Three  hundred  four  million  three  hundred  thousand  dollars
($304,300,000) to counties, cities, towns and villages for reimbursement
of eligible costs of local  highway  and  bridge  projects  pursuant  to
sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
section 9 of chapter 330 of the  laws  of  1991,  as  amended.  For  the
purposes of computing allocations to municipalities, the amount distrib-
uted  pursuant to section 16 of chapter 329 of the laws of 1991 shall be
deemed to be $121,520,000.  The amount distributed pursuant  to  section
16-a  of  chapter  329  of  the  laws  of  1991  shall  be  deemed to be
$182,780,000.  Notwithstanding the provisions of any general or  special
law,  the  amounts  deemed  distributed in accordance with section 16 of
chapter 329 of the laws of 1991 shall be adjusted so that  such  amounts
will  not  be less than 83.807 percent of the "funding level" as defined
in subdivision 5 of section 10-c of the highway law for each such  muni-
cipality.  In  order  to achieve the objectives of section 16 of chapter
329 of the laws of 1991, to the extent necessary, the amounts in  excess
of  83.807 percent of the funding level to be deemed distributed to each
municipality under this subdivision shall be reduced  in  equal  propor-
tion.
  (c)  Fifty-eight  million  seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible  costs  of
local  highway  and  bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing  allocations
to  municipalities,  the  amount  distributed  pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be  $23,480,000.  The
amount  distributed  pursuant to section 16-a of chapter 329 of the laws
of  1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding   the
provisions of any general or special law, the amounts deemed distributed
in  accordance  with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 16.193 percent of
the "funding level" as defined in subdivision 5 of section 10-c  of  the
highway  law  for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991,  to  the  extent
necessary,  the amounts in excess of 16.193 percent of the funding level
to be deemed distributed to each  municipality  under  this  subdivision
shall  be  reduced  in equal proportion. To the extent that the total of
remaining payment allocations calculated herein varies from $58,797,000,
the payment amounts to each locality shall  be  adjusted  by  a  uniform
percentage so that the total payments equal $58,797,000.
  The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991,  as  amended,  shall  additionally make payments for reimbursement
according to the following schedule:
                    State Fiscal Year        Amount
                    2011-12                  $363,097,000
  S 2. Section 16 of chapter 329 of the laws of 1991, amending the state
finance law and other laws relating to the establishment  of  the  dedi-
cated highway and bridge trust fund, is amended by adding a new subdivi-
sion (f) to read as follows:
  (F)  FOR PURPOSES OF THIS SECTION AND SECTION 10-C OF THE HIGHWAY LAW,
FOR PROJECTS COMPLETED ON OR BEFORE MARCH 31,  2012  LOCAL  HIGHWAY  AND

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

BRIDGE PROJECTS MAY ALSO INCLUDE THE FOLLOWING WORK TYPES: (1) MICROSUR-
FACING,  (2)  PAVER  PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE
TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE  COURSE
SURFACE  TREATMENT  INVOLVING  CHIP SEALS AND OIL AND STONE, HOWEVER, NO
REIMBURSEMENT SHALL BE MADE FOR (1)  MICROSURFACING,  (2)  PAVER  PLACED
SURFACE  TREATMENT,  (3)  SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP
SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV-
ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. REIMBURSEMENT FOR
PROJECTS USING THESE TREATMENTS MAY BE MADE FROM THE PROCEEDS OF  BONDS,
NOTES OR OTHER OBLIGATIONS ISSUED BY THE NEW YORK STATE THRUWAY AUTHORI-
TY PURSUANT TO SECTION 380 OF THE PUBLIC AUTHORITIES LAW OR OTHERWISE AS
DETERMINED BY THE DIRECTOR OF THE BUDGET.
  S  3.  Section  16-a  of chapter 329 of the laws of 1991, amending the
state finance law and other laws relating to the  establishment  of  the
dedicated  highway  and  bridge  trust  fund, is amended by adding a new
subdivision (f) to read as follows:
  (F) FOR PURPOSES OF THIS SECTION AND SECTION 10-C OF THE HIGHWAY  LAW,
FOR  PROJECTS  COMPLETED  ON  OR BEFORE MARCH 31, 2012 LOCAL HIGHWAY AND
BRIDGE PROJECTS MAY ALSO INCLUDE THE FOLLOWING WORK TYPES: (1) MICROSUR-
FACING, (2) PAVER PLACED SURFACE TREATMENT, (3)  SINGLE  COURSE  SURFACE
TREATMENT  INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE
SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND  STONE,  HOWEVER,  NO
REIMBURSEMENT  SHALL  BE  MADE  FOR (1) MICROSURFACING, (2) PAVER PLACED
SURFACE TREATMENT, (3) SINGLE COURSE SURFACE  TREATMENT  INVOLVING  CHIP
SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV-
ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. REIMBURSEMENT FOR
PROJECTS  USING THESE TREATMENTS MAY BE MADE FROM THE PROCEEDS OF BONDS,
NOTES OR OTHER OBLIGATIONS ISSUED BY THE NEW YORK STATE THRUWAY AUTHORI-
TY PURSUANT TO SECTION 380 OF THE PUBLIC AUTHORITIES LAW OR OTHERWISE AS
DETERMINED BY THE DIRECTOR OF THE BUDGET.
  S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as amended by chap-
ter 432 of the laws of 1997, is amended to read as follows:
  (d) Any such service contract (i) shall provide that the obligation of
the director of the budget or the state to fund or to  pay  the  amounts
therein provided for shall not constitute a debt of the state within the
meaning  of  any constitutional or statutory provisions in the event the
thruway authority assigns or pledges service contract payments as  secu-
rity  for its bonds or notes, (ii) shall be deemed executory only to the
extent moneys are available and that no liability shall be  incurred  by
the  state  beyond  the  moneys available for the purpose, and that such
obligation is subject to annual appropriation by  the  legislature,  and
(iii)  shall  provide  that  no  funds  shall be made available from the
proceeds of bonds or notes issued pursuant to this  chapter  unless  the
commissioner  of  transportation  has  certified  to the chairman of the
thruway authority that such funds shall  be  used  exclusively  for  the
purposes   authorized   by  subdivision  (a)  of  this  section,  and/or
construction, reconstruction or improvement of local  highways,  bridges
and/or  highway-railroad  crossings, including right of way acquisition,
preliminary engineering, and construction  supervision  and  inspection,
where  the  service  life  of  the  project is at least ten years OR FOR
PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012  WHERE  THE  PROJECT  IS:
(1)  MICROSURFACING,  (2)  PAVER  PLACED  SURFACE  TREATMENT, (3) SINGLE
COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AND  (4)
DOUBLE  COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE,

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

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

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

  S  7.  This act shall take effect immediately; provided, however, that
sections two, three, four, five and six of this act shall expire and  be
deemed repealed on April 1, 2012.

                                 PART B

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

                                 PART C

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

                                 PART D

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

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

  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART E

  Section 1. Section 12 of chapter 569 of the laws of 1981, amending the
vehicle  and  traffic law relating to motor vehicle liability insurance,
financial security, criminal acts and penalties for  non-compliance,  as
amended  by  section  1  of part J of chapter 59 of the laws of 2009, is
amended to read as follows:
  S 12. This act shall take effect on the first day of  September,  1982
[and  the  amendments  made to the provisions of the vehicle and traffic
law by sections one through nine of this act shall expire  on  June  30,
2011  and  shall apply to the use and operation of motor vehicles during
such period. Upon such expiration date the provisions of  such  sections
of  such  law  shall revert to and be read as set out in law on the date
immediately preceding the effective date of this act.  The  commissioner
shall  widely  publicize the provisions of this act and take all actions
necessary to prepare for  its  implementation  prior  to  the  effective
date].
  S 2. Section 15 of chapter 781 of the laws of 1983, amending the vehi-
cle  and  traffic law and other laws relating to motor vehicle liability
insurance, financial security, criminal acts and certain  penalties  for
non-compliance,  as  amended by section 2 of part J of chapter 59 of the
laws of 2009, is amended to read as follows:
  S 15. This act shall take effect  immediately  [except  that  sections
ten and eleven hereof shall take effect on June 30, 2011; the amendments
made  to the provisions of the vehicle and traffic law and the insurance
law by sections one through seven of this  act  shall  expire  June  30,
2011;  upon such date the provisions of such sections of such laws shall
revert to and be read as set out in law on the date immediately  preced-
ing the effective date of this act].
  S 3. This act shall take effect immediately.

                                 PART F

  Section 1. Item 1 of clause (A) of subparagraph ii of paragraph (i) of
subdivision  1 of section 201 of the vehicle and traffic law, as amended
by section 2 of part E of chapter 60 of the laws of 2005, is amended  to
read as follows:
  (1) fifty-five years where the conviction and suspension or revocation
order relates to a conviction, suspension or revocation by the holder OF
ANY  DRIVER'S  LICENSE  WHEN  OPERATING  A  COMMERCIAL MOTOR VEHICLE, AS
DEFINED IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED ONE-A OF THIS  CHAP-
TER, OR BY THE HOLDER of a commercial driver's license who, when operat-
ing any motor vehicle, has refused to submit to a chemical test pursuant
to  section  eleven  hundred  ninety-four  of  this chapter, or has been
convicted of any of the following offenses  while  operating  any  motor
vehicle:  any  violation  of  subdivision  two, three or four of section
eleven hundred ninety-two of this chapter, any violation of  subdivision
one  or two of section six hundred of this chapter, any felony involving
the use of a motor vehicle, other than the use of a motor vehicle in the
commission of a felony involving manufacturing, distributing, dispensing
a controlled substance; or  the  conviction,  suspension  or  revocation
involves  any  of  the  following  offenses while operating a commercial
motor vehicle: any violation of subdivision five or six of section elev-

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

en hundred ninety-two of this chapter, driving a commercial motor  vehi-
cle  when  as  a  result of prior violations committed while operating a
commercial motor vehicle, the driver's commercial  driver's  license  is
suspended  or  revoked,  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  and  criminally
negligent  homicide  as  set forth in article one hundred twenty-five of
the penal law;
  S 2. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
amended  by  chapter  639  of  the  laws  of 2006, is amended to read as
follows:
  1. Application for license.  Application for a driver's license  shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking  of  a  photo image or images of the applicant in accordance with
rules and regulations prescribed by the commissioner. In  addition,  the
commissioner  also  shall  require that the applicant provide his or her
social security number and provide space on the application so that  the
applicant  may  register  in  the  New York state organ and tissue donor
registry under section forty-three hundred ten of the public health law.
In addition, an applicant for a commercial  driver's  license  who  will
operate  a commercial motor vehicle in interstate commerce shall certify
that such applicant meets the requirements to operate a commercial motor
vehicle, as set forth in public law 99-570, title XII, and title  49  of
the  code of federal regulations, and all regulations promulgated by the
United States secretary of transportation under the hazardous  materials
transportation  act. IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S
LICENSE SHALL SUBMIT MEDICAL CERTIFICATION AT SUCH INTERVALS AS REQUIRED
BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF  1999  AND  REGU-
LATIONS  ADOPTED  PURSUANT THERETO RELATING TO MEDICAL CERTIFICATION AND
IN A MANNER PRESCRIBED BY THE COMMISSIONER. Upon  a  determination  that
the  holder  of  a commercial driver's license has made any false state-
ment, with respect to the application for such license, the commissioner
shall revoke such license.
  S 3. Paragraph (b) of subdivision 1 of section 503 of the vehicle  and
traffic  law,  as amended by chapter 435 of the laws of 1997, is amended
to read as follows:
  (b) An application for a license shall be valid for a period  of  time
specified  by regulation of the commissioner not to exceed five years. A
learner's permit shall be valid from its issuance until  the  expiration
of  the  application  for  a  driver's  license for which it was issued.
PROVIDED, HOWEVER,  THAT  IF  THE  MEDICAL  CERTIFICATION  SUBMITTED  IN
ACCORDANCE  WITH  THE  REQUIREMENTS  OF THE FEDERAL MOTOR CARRIER SAFETY
IMPROVEMENT ACT OF 1999 AND REGULATIONS ADOPTED PURSUANT THERETO  RELAT-
ING  TO  MEDICAL CERTIFICATION BY AN APPLICANT FOR A COMMERCIAL DRIVER'S
LICENSE EXPIRES, ANY LEARNER'S PERMIT THAT MAY HAVE BEEN ISSUED  BY  THE
COMMISSIONER IN CONNECTION WITH THE APPLICATION SHALL BE SUSPENDED.
  S 4. Subdivision 1 of section 510-a of the vehicle and traffic law, as
amended  by  section  13 of part E of chapter 60 of the laws of 2005, is
amended to read as follows:
  1.  Revocation. A commercial driver's license shall be revoked by  the
commissioner  whenever the holder is convicted within or outside of this
state (a) of a felony involving the use of  a  motor  vehicle  except  a
felony as described in paragraph (b) of this subdivision; (b) of a felo-

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

ny involving manufacturing, distributing or dispensing a drug as defined
in  section  one hundred fourteen-a of this chapter or possession of any
such drug with intent to manufacture, distribute or dispense  such  drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or  two  of  section  six  hundred  of  this chapter; (d) 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;  (e)  [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; OR (F) THE
COMMISSIONER DETERMINES  THAT  THE  HOLDER  FALSIFIED  INFORMATION:  (I)
REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
REGULATIONS  ADOPTED  PURSUANT  THERETO  RELATING TO COMMERCIAL DRIVER'S
LICENSE DOCUMENT IN AN APPLICATION FOR A  COMMERCIAL  DRIVER'S  LICENSE;
(II)  REQUIRED  BY  THE  FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF
1999 AND  REGULATIONS  ADOPTED  PURSUANT  THERETO  RELATING  TO  INITIAL
COMMERCIAL  DRIVER'S  LICENSE  OR  EXISTING  COMMERCIAL DRIVER'S LICENSE
HOLDER'S SELF-CERTIFICATION IN ANY OF THE SELF-CERTIFICATIONS  REGARDING
THE TYPE OF DRIVING ENGAGED OR TO BE ENGAGED IN BY THE HOLDER OR REGARD-
ING  THE NON-APPLICABILITY OF THE PHYSICAL QUALIFICATION REQUIREMENTS OF
THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND REGULATIONS
ADOPTED PURSUANT THERETO RELATING TO QUALIFICATIONS OF  DRIVERS  TO  THE
HOLDER;  OR  (III) REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVE-
MENT ACT OF 1999 AND REGULATIONS ADOPTED PURSUANT  THERETO  RELATING  TO
COMMERCIAL DRIVER'S LICENSE REQUIREMENTS IN ANY MEDICAL CERTIFICATION.
  FOR  PURPOSES  OF  PARAGRAPH  (F) OF THIS SUBDIVISION THE TERM FALSIFY
SHALL INCLUDE ADDING OR INSERTING FALSE INFORMATION ON A WRITTEN INSTRU-
MENT, FALSELY MAKING, COMPLETING, OR ALTERING A WRITTEN INSTRUMENT,  AND
CAUSING  A  FALSE  WRITTEN INSTRUMENT OR A WRITTEN INSTRUMENT CONTAINING
FALSE INFORMATION TO BE MADE.
  S 5. Paragraph (a) of subdivision 2 of section 510-a  of  the  vehicle
and  traffic law, as amended by section 6 of part K of chapter 59 of the
laws of 2009, is 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) OR (F) 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 FOR REVOCATIONS PURSUANT TO PARAGRAPH (A), (C), (D)  OR  (E)
OF  SUBDIVISION  ONE OF THIS SECTION, 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

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

homicide, then such commercial  driver's  license  revocation  shall  be
permanent.
  S  6. Subdivision 3 of section 510-a of the vehicle and traffic law is
amended by adding a new paragraph (f) to read as follows:
  (F) A COMMERCIAL DRIVER'S LICENSE SHALL BE SUSPENDED  BY  THE  COMMIS-
SIONER  UPON  THE  HOLDER'S  FAILURE  TO SUBMIT MEDICAL CERTIFICATION OR
MEDICAL VARIANCE DOCUMENTATION, AT SUCH INTERVALS AS ARE REQUIRED BY THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT  OF  1999  AND  REGULATIONS
ADOPTED   PURSUANT  THERETO  RELATING  TO  COMMERCIAL  DRIVER'S  LICENSE
REQUIREMENTS AND IN A MANNER PRESCRIBED BY THE COMMISSIONER.  A  COMMER-
CIAL  DRIVER'S  LICENSE SHALL ALSO BE SUSPENDED BY THE COMMISSIONER UPON
RECEIPT OF INFORMATION FROM THE ISSUING MEDICAL EXAMINER OR THE  FEDERAL
MOTOR  CARRIER  SAFETY  ADMINISTRATION  THAT  A MEDICAL CERTIFICATION OR
MEDICAL VARIANCE WAS ISSUED IN ERROR. SUCH SUSPENSION  SHALL  BE  TERMI-
NATED  UPON:  (I)  THE HOLDER'S SUBMISSION OF THE REQUIRED VALID MEDICAL
EXAMINER'S CERTIFICATE OR MEDICAL VARIANCE DOCUMENTATION; (II) THE HOLD-
ER'S SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR  VEHICLE
OPERATION  HE  OR  SHE ENGAGES IN, OR EXPECTS TO ENGAGE IN, AND THAT THE
HOLDER IS NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF  THE
FEDERAL  MOTOR  CARRIER  SAFETY  IMPROVEMENT ACT OF 1999 AND REGULATIONS
ADOPTED PURSUANT THERETO RELATING TO DISQUALIFICATION OF DRIVERS;  (III)
THE  HOLDER'S SURRENDER OF HIS OR HER COMMERCIAL DRIVER'S LICENSE TO THE
DEPARTMENT OR TO THE APPROPRIATE LICENSING AUTHORITY OF  ANOTHER  JURIS-
DICTION;  OR  (IV) THE HOLDER'S DOWNGRADE OF HIS OR HER COMMERCIAL DRIV-
ER'S LICENSE TO A NON-COMMERCIAL DRIVER'S LICENSE.
  S 7. Subdivision 1 of section 514 of the vehicle and  traffic  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A), (B) AND (C) OF
THIS SUBDIVISION, UPON A JUDGMENT OF CONVICTION FOR A VIOLATION  OF  ANY
PROVISIONS OF THIS CHAPTER OR OF ANY LOCAL LAW, RULE, ORDINANCE OR REGU-
LATION RELATING TO TRAFFIC, THE COURT OR THE CLERK THEREOF SHALL, WITHIN
NINETY-SIX HOURS OF THE IMPOSITION OF THE SENTENCE, FILE THE CERTIFICATE
REQUIRED  BY PARAGRAPH (A) OF THIS SUBDIVISION, IF THE PERSON CONVICTED:
(I) IS THE HOLDER OF A COMMERCIAL DRIVER'S  LICENSE  ISSUED  BY  ANOTHER
STATE; OR (II) DOES NOT HOLD A COMMERCIAL DRIVER'S LICENSE, BUT HAS BEEN
ISSUED  A  LICENSE BY ANOTHER STATE AND IS CONVICTED OF A VIOLATION THAT
WAS COMMITTED IN A COMMERCIAL MOTOR VEHICLE, AS DEFINED  IN  SUBDIVISION
FOUR OF SECTION FIVE HUNDRED ONE-A OF THIS TITLE.
  S 8. Section 170.55 of the criminal procedure law is amended by adding
a new subdivision 9 to read as follows:
  9.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS SECTION, A COURT MAY
NOT ISSUE AN ORDER ADJOURNING AN ACTION IN CONTEMPLATION OF DISMISSAL IF
THE OFFENSE IS FOR A VIOLATION OF THE VEHICLE AND TRAFFIC LAW RELATED TO
THE OPERATION OF A MOTOR VEHICLE, OR A VIOLATION OF A LOCAL LAW, RULE OR
ORDINANCE RELATED TO THE  OPERATION OF A MOTOR VEHICLE, IF SUCH  OFFENSE
WAS  COMMITTED  BY  THE  HOLDER  OF A COMMERCIAL DRIVER'S LICENSE OR WAS
COMMITTED IN A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION  FOUR
OF SECTION FIVE HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW.
  S  9.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however, that sections  two,  three,  four,
five  and  six of this act shall take effect January 30, 2012, provided,
however, that the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this  act  on  its  effective
date  are  authorized and directed to be made and completed on or before
such effective date.

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

                                 PART G

  Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act relating to the  powers
of  the  New  York state urban development corporation to make loans, as
amended by section 1 of part P of chapter 59 of the  laws  of  2010,  is
amended to read as follows:
  S  2.  This act shall take effect immediately [provided, however, that
section one of this act shall expire on July 1, 2011, at which time  the
provisions  of  subdivision  26 of section 5 of the New York state urban
development corporation act shall be deemed repealed; provided, however,
that neither the expiration  nor  the  repeal  of  such  subdivision  as
provided  for  herein  shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of  such  subdivision  prior  to
such expiration and repeal].
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART H

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

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

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

                                 PART I

  Section 1. Paragraph (a) of subdivision 1 of section 1 of  part  U  of
chapter  57  of  the  laws of 2005 amending the labor law and other laws
implementing the state fiscal plan for the 2005-2006 state fiscal  year,
relating  to  the New York state higher education capital matching grant
program for independent colleges, as amended by part M of chapter 59  of
the laws of 2010, is amended to read as follows:
  (a)  The  New York state higher education capital matching grant board
is hereby created to have and exercise the powers, duties  and  preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York  state  higher  education  capital  matching grant program from the
effective date of this section through March 31,  [2011]  2012,  or  the
date  on  which  the  last  of the funds available for grants under this
section shall have  been  disbursed,  whichever  is  earlier;  provided,
however,  that  the  termination of the existence of the board shall not
[effect] AFFECT the power and authority of the  dormitory  authority  to
perform  its  obligations  with  respect  to  any bonds, notes, or other
indebtedness issued or incurred pursuant to authority  granted  in  this
section.
  S 2. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law  and other laws implementing the state fiscal plan for the 2005-2006
state fiscal year, relating to New York state higher education  matching
grant  program for independent colleges, as amended by section 3 of part
M of chapter 59 of the laws of 2010, is amended to read as follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary, and subject to the provisions of chapter 59  of  the  laws  of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er  education  capital  matching  grants,  the director of the budget is
authorized in any state fiscal year commencing  April  1,  2005  or  any
state  fiscal  year  thereafter  for a period ending on March 31, [2011]
2012, to enter into one or more service contracts, none of  which  shall
exceed  30  years  in  duration, with the dormitory authority, upon such
terms as the director of the budget and the dormitory authority agree.
  S 3. Paragraph (b) of subdivision 7 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  New York state higher education matching grant program for independ-

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

ent colleges, as amended by section 4 of part M of  chapter  59  of  the
laws of 2010, is amended to read as follows:
  (b)  Any eligible institution receiving a grant pursuant to this arti-
cle shall report to the dormitory authority no later than June 1, [2011]
2012, on the use of funding received and its programmatic  and  economic
impact.  The  dormitory  authority  shall  submit a report no later than
November 1, [2011] 2012 to the board, the governor, the director of  the
budget,  the  temporary  president of the senate, and the speaker of the
assembly on the aggregate impact of the higher education capital  match-
ing grant program. Such report shall provide information on the progress
and economic impact of such project.
  S  4.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART J

  Section 1. Paragraph (b) of subdivision  2  of  section  2975  of  the
public  authorities law, as amended by section 1 of part O of chapter 59
of the laws of 2008, is amended to read as follows:
  (b) On or before November first, two thousand three and on  or  before
November first of each year thereafter, the director of the budget shall
determine  the  amount  owed  under  this section by each public benefit
corporation. The director of the budget may reduce, in  whole  or  part,
the amount of such assessment if the payment thereof would necessitate a
state  appropriation  for  the  purpose,  or  would  otherwise impose an
extraordinary hardship upon the affected public benefit corporation. The
aggregate amount assessed under this section in any given  state  fiscal
year may not exceed [fifty-five million dollars] SIXTY MILLION DOLLARS.
  S 2.  Section 2975-a of the public authorities law is REPEALED.
  S  3. Notwithstanding any other provision of law, liabilities incurred
on or before March 31, 2011 pursuant to section  2975-a  of  the  public
authorities  law  as repealed by section two of this act, shall continue
as legal liabilities of industrial development agencies  or  authorities
created  pursuant  to  title  one  of  article eighteen-A of the general
municipal law or any other provision of law.
  S 4. This act shall take effect immediately.

                                 PART K

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

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

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

                                 PART L

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

                                 PART M

  Section 1. Article 37 of the executive law is REPEALED.

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  S 2. Subparagraph iv of paragraph (a) of subdivision 2 of section  122
of  the public service law is REPEALED and subparagraph v, as relettered
by chapter 362 of the laws of 1987, is relettered subparagraph iv.
  S  3.  Paragraph  (g)  of  subdivision  1 of section 124 of the public
service law is REPEALED and paragraphs (h), (i), (j), (k)  and  (l),  as
relettered by chapter 119 of the laws of 1978, are relettered paragraphs
(g), (h), (i), (j) and (k).
  S  4. Section 130 of the public service law, as amended by chapter 362
of the laws of 1987, the closing paragraph as amended by chapter  72  of
the laws of 2004, is amended to read as follows:
  S 130. Powers  of  municipalities  and state agencies. Notwithstanding
any other provision of law, no state agency, municipality or any  agency
thereof  may require any approval, consent, permit, certificate or other
condition for the construction or operation of  a  major  facility  with
respect  to  which  an  application for a certificate hereunder has been
issued, other than those provided by otherwise applicable state law  for
the protection of employees engaged in the construction and operation of
such  facility,  and  provided  that in the case of a municipality or an
agency thereof, such municipality has received notice of the  filing  of
the application therefor.
  [Neither  the  Tug Hill commission nor the] THE Adirondack park agency
shall NOT hold public hearings for a major utility transmission facility
with respect to which an application hereunder has been filed,  provided
that  such  [commission  or] agency has received notice of the filing of
such application.
  S 5. Section 533 of the real property tax law, as amended  by  chapter
225 of the laws of 2000, is amended to read as follows:
  S  533. Certain conservation easements created pursuant to title three
of article forty-nine of the environmental  conservation  law  hereafter
acquired  by the state within the Adirondack or Catskill parks, as those
areas are defined in such law and lands within the watershed of  Hemlock
and  Canadice  lakes  in  the towns of Livonia, Conesus, West Sparta and
Springwater in Livingston county, the towns of Canadice and Richmond  in
Ontario  county  and  the  town  of Wayland in Steuben county, and lands
within the APPROXIMATELY TWENTY-ONE HUNDRED SQUARE MILE Tug Hill region,
[as defined in article thirty-seven of the executive law] LYING  BETWEEN
LAKE ONTARIO, THE BLACK RIVER AND ONEIDA LAKE, shall be subject to taxa-
tion  for  all  purposes.  Any conservation easement created pursuant to
title three of article forty-nine of the environmental conservation  law
hereafter acquired by the state within the Adirondack or Catskill parks,
as those areas are defined in such law or acquired by the state on lands
within the watershed of Hemlock and Canadice lakes in the towns of Livo-
nia,  Conesus,  West  Sparta  and  Springwater in Livingston county, the
towns of Canadice and Richmond in Ontario county and the town of Wayland
in Steuben county, or acquired by the state on lands within the Tug Hill
region [as defined in article thirty-seven of the executive law],  shall
be  subject  to  taxation  for  all  purposes.  Any  common law easement
acquired on or before January first,  nineteen  hundred  ninety  by  the
state for conservation purposes within the Adirondack or Catskill parks,
as  those areas are defined in the environmental conservation law, shall
be subject to taxation for all purposes. The  value  of  such  interests
shall  be  equivalent  to  the change, if any, in the value of the lands
subject to the easement. The  procedures  set  forth  in  sections  five
hundred forty, five hundred forty-two, five hundred forty-three and five
hundred forty-four of this title shall govern the assessment and payment
of  taxes  thereon.  If the acquisition by or conveyance to the state of

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

any such easement is determined to be void by  any  court  of  competent
jurisdiction,  tax  payments on such easement paid by the state prior to
the date of such determination shall be retained by  the  recipient  and
shall be deemed to have been a grant-in-aid by the state.
  S 6. This act shall take effect immediately.

                                 PART N

  Section 1. Paragraph (e) of subdivision 1 of section 169 of the execu-
tive law, as separately amended by section 11 of part A-1 and section 10
of  part  O  of  chapter  56  of the laws of 2010, is amended to read as
follows:
  (e) [chairman of state athletic commission,]  chairman  and  executive
director  of consumer protection board, director of the office of victim
services, chairman of human rights appeal board, chairman of the  indus-
trial  board of appeals, chairman of the state commission of correction,
members of the board of parole, members of the state racing and wagering
board, member-chairman of unemployment insurance appeal board,  director
of  veterans'  affairs,  and  vice-chairman of the workers' compensation
board;
  S 2. This act shall take effect immediately.

                                 PART O

  Section 1. Subdivision 3 of section 164-d of  the  executive  law,  as
added by chapter 65 of the laws of 2005, is amended to read as follows:
  3.  The  office  for  technology[, in consultation with the governor's
office of regulatory reform,] shall promulgate rules and regulations  to
implement  the  provisions  of  this  section. Such rules shall at least
provide for the prioritization and timing for making  application  forms
available on the internet.
  S 2. Subdivision 46 of section 100 of the economic development law, as
added by chapter 427 of the laws of 2008, is amended to read as follows:
  46.  to prepare[, in cooperation with the governor's office of regula-
tory reform,] an annual summary for the small business community of  the
key  legislative, budgetary and regulatory changes impacting small busi-
nesses. Agencies shall cooperate with the department [and the governor's
office of regulatory reform] in developing  the  annual  summary.    The
annual  summary  shall  be  written  in plain language and shall provide
specific contact information within the appropriate agency for inquiries
regarding implementation and compliance. The  annual  summary  shall  be
posted  on  the  department website on or before September first of each
year.
  S 3. Section 102-a of the state administrative procedure act, as added
by chapter 419 of the laws of 2007, is amended to read as follows:
  S 102-a. Small business regulation guides. For each rule or  group  of
related  rules  which significantly impact a substantial number of small
businesses, the agency which adopted the rule shall post on its  website
one  or  more guides explaining the actions a small business may take to
comply with such rule or group of rules if the  agency  determines[,  in
conjunction  with the governor's office of regulatory reform,] that such
guide or guides will assist small businesses in complying with the rule,
and shall designate each such posting as a  "small  business  regulation
guide". The guide shall explain the actions a small business may take to
comply  with  a  rule  or  group of rules. The agency shall, in its sole
discretion, taking into account the subject matter of the rule  and  the

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

language  of  relevant  statutes, ensure that the guide is written using
sufficiently plain language that  it  is  likely  to  be  understood  by
affected small businesses. Agencies shall cooperate with [the governor's
office of regulatory reform and] other state agencies in developing such
guides.  [The  governor's  office of regulatory reform shall oversee and
coordinate the preparation of such small business regulation  guides  by
agencies.]
  S  4.  Subparagraph (iii) of paragraph (b) of subdivision 9 of section
202 of the state administrative procedure act, as added by  chapter  230
of the laws of 2006, is amended to read as follows:
  (iii)  The  secretary  of  state  shall  provide  that the direct link
between the electronic copy of the state  register  and  the  electronic
mail address provided by an agency [shall also deliver to the governor's
office of regulatory reform a copy of all comments submitted].
  S 5. Subdivision 8 of section 202-b of the state administrative proce-
dure act is REPEALED.
  S  6.  Paragraph  (d)  of  subdivision 1 of section 202-d of the state
administrative procedure act, as added by chapter 193  of  the  laws  of
2008, is amended to read as follows:
  (d)  An  agency  shall  identify each rule described in its regulatory
agenda for which a regulatory flexibility analysis or a rural area flex-
ibility analysis may be required, and shall provide outreach  as  appro-
priate  to  potentially affected small businesses, local governments and
public and private interests in rural areas. Such outreach  may  include
solicitation  of  input  from potentially affected parties through elec-
tronic means or through any of the activities listed in subdivision  six
of  section  two  hundred  two-b  and  subdivision  seven of section two
hundred two-bb of this article. [In addition, the agency shall provide a
copy of the description of each rule subject to the provisions  of  this
paragraph  to  the  governor's office of regulatory reform, which may in
its discretion include the description and additional information on the
rule in the quarterly report issued pursuant  to  subdivision  eight  of
section two hundred two-b of this article.]
  S 7. This act shall take effect immediately; provided, that the amend-
ment  to  paragraph  (d)  of subdivision 1 of section 202-d of the state
administrative procedure act made by section six of this act  shall  not
affect  the  expiration  of such paragraph and shall be deemed to expire
therewith.

                                 PART P

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

                                 PART Q

  Section  1.  Expenditures  of  moneys appropriated in a chapter of the
laws of 2011 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue funds - other/state operations, miscellaneous special revenue fund  -
339,  energy  research and planning account, and special revenue funds -
other/aid to localities, miscellaneous special revenue fund - 339, ener-

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

gy research and planning account shall be subject to the  provisions  of
this  section.  Notwithstanding  the  provisions  of  subdivision 4-a of
section 18-a of the public service law, all moneys committed or expended
shall  be reimbursed by assessment against gas corporations and electric
corporations as defined in section 2 of the public service law, and  the
total  amount  which may be charged to any gas corporation and any elec-
tric corporation shall not exceed one cent per one thousand  cubic  feet
of  gas sold and .010 cent per kilowatt-hour of electricity sold by such
corporations in their intrastate utility  operations  in  calendar  year
2009.  Such  amounts  shall  be  excluded  from  the  general assessment
provisions of subdivision 2 of section 18-a of the public  service  law,
but shall be billed and paid in the manner set forth in such subdivision
and  upon  receipt shall be paid to the state comptroller for deposit in
the state treasury for credit to the miscellaneous special revenue fund.
The director of the budget shall not issue  a  certificate  of  approval
with  respect  to the commitment and expenditure of moneys hereby appro-
priated until the chair of such authority shall have submitted, and  the
director  of  the  budget shall have approved, a comprehensive financial
plan encompassing all moneys available to and  all  anticipated  commit-
ments  and  expenditures by such authority from any source for the oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART R

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

                                 PART S

  Section  1.  Section 9 of chapter 67 of the laws of 1992, amending the
environmental conservation law relating to pesticide  product  registra-
tion  timetables and fees, as amended by section 1 of part FF of chapter
59 of the laws of 2008, is amended to read as follows:
  S 9. This act shall take effect April 1, 1992 provided, however,  that
section  [3] THREE of this act shall take effect July 1, 1993 [and shall
expire and be deemed repealed on July 1, 2011].
  S 2. Section   33-0705  of  the  environmental  conservation  law,  as
amended  by  section  2  of  part  FF of chapter 59 of the laws of 2008,
subdivisions a and b as amended by section 5 of part YY of chapter 59 of
the laws of 2009, is amended to read as follows:
S 33-0705. Fee for registration.
  The applicant for registration shall pay a fee as follows:
  a. [On or before July 1, 2011,  six]  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

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

income tax purposes, of three million five hundred thousand  dollars  or
less;
  b. [On or before July 1, 2011, for] FOR all others, six hundred twenty
dollars for each pesticide proposed to be registered[;
  c. After July 1, 2011, fifty dollars for each pesticide proposed to be
registered].
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART T

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 45 to read as follows:
  45. ISSUE REQUESTS FOR PROPOSALS  TO  IMPLEMENT  AGRICULTURAL  PROJECT
GRANTS  WITHIN  THE  LIMITS OF ANY APPROPRIATIONS THEREFOR; AND CONTRACT
FOR SERVICES TO CARRY OUT SUCH PROGRAM.
  A. THE COMMISSIONER MAY AWARD GRANTS, WITHIN  AVAILABLE  FUNDING,  FOR
THE  ESTABLISHMENT,  MAINTENANCE,  OR  EXPANSION  OF AGRICULTURAL INITI-
ATIVES, LOCAL UNIVERSITY PROGRAMS, FARM VIABILITY  INITIATIVES,  OR  FOR
OPERATING  ASSISTANCE FOR PROGRAMS OF REGIONAL OR STATEWIDE SIGNIFICANCE
RELATED TO THE MARKETING, PROMOTION, EDUCATION AND RESEARCH OF  AGRICUL-
TURAL   PRODUCTS  AND  BUSINESS  MANAGEMENT,  ENVIRONMENTAL  MANAGEMENT,
OUTREACH AND COUNSELING.
  B. GRANTS SHALL BE AWARDED ON A COMPETITIVE BASIS  THROUGH  A  REQUEST
FOR  PROPOSAL  PROCESS.  SUCH  GRANTS  SHALL  BE  AWARDED FOR WORTHWHILE
PROJECTS THROUGHOUT THE STATE, TO THE EXTENT PRACTICABLE, SO THAT  BROAD
GEOGRAPHIC REPRESENTATION IS ACHIEVED.
  C.  THE  COMMISSIONER IS HEREBY AUTHORIZED TO ESTABLISH PROGRAM GUIDE-
LINES FOR PROPOSAL SUBMISSION PURSUANT TO THIS  SECTION,  INCLUDING  BUT
NOT  LIMITED  TO: ELIGIBLE APPLICANTS; PROJECT ELIGIBILITY AND SELECTION
PROCESS; PROJECT PROPOSAL FORMAT; ELIGIBLE  COSTS;  PROJECT  IMPLEMENTA-
TION; AND REPORTING.
  S  2. Subdivision 7 of section 297 of the agriculture and markets law,
as added by chapter 269 of the laws of  2000,  is  amended  to  read  as
follows:
  7.  Grant awards. Project grants for contractual services that further
development of the state's food and agriculture industry as described in
this article shall be awarded on a competitive basis through  a  request
for  proposal  process.  Such  grants  shall  be  awarded for worthwhile
projects throughout the state, to the extent practicable, so that  broad
geographic  representation  is  achieved.  At least one solicitation for
project proposals shall be held within each fiscal year in which  appro-
priations  are  made  for  the food and agriculture industry development
program. [Grant awards for an individual project shall not exceed  sixty
thousand dollars within a single state fiscal year.]
  S  3.  Paragraph  b of subdivision 1 of section 329 of the agriculture
and markets law, as added by chapter 249 of the laws of 2004, is amended
to read as follows:
  b. to an applicant, other than  a  county  agricultural  and  farmland
protection  board, for the development of a farmland viability plan or a
portion of such a plan, which shall assess  overall  farm  profitability
and  identify  potential strategies for improved farm profitability such
as farm expansion, value  added  production,  diversification,  environ-
mental management, or marketing and promotional activities, [and] OR
  S 4. This act shall take effect immediately.

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

                                 PART U

  Section 1. Subparagraph (i) of paragraph c of subdivision 3 of section
16-s  of  section 1 of chapter 174 of the laws of 1968, constituting the
urban development corporation act, as amended by section 1 of part XX of
chapter 59 of the laws of 2009, is amended to read as follows:
  (i) An eligible food market applicant may  be  a  for-profit  business
enterprise  (including  a  corporation,  limited liability company, sole
proprietor, cooperative  or  partnership),  [a  nonprofit  organization]
NOT-FOR-PROFIT CORPORATION, AGRICULTURAL COOPERATIVE CORPORATION, PUBLIC
BENEFIT CORPORATION, MUNICIPAL CORPORATION, REGIONAL MARKET FACILITY, or
a food cooperative.
  S  2.  Section  16  of  the  agriculture and markets law is amended by
adding new subdivision  46 to read as follows:
  46. WITHIN THE AMOUNT OF MONIES APPROPRIATED OR OTHERWISE MADE  AVAIL-
ABLE  THEREFOR,  ESTABLISH,  ADMINISTER  AND OPERATE, OR PROVIDE FOR THE
ADMINISTRATION AND OPERATION OF, A PROGRAM, WHICH MAY INCLUDE ESTABLISH-
MENT OF A REVOLVING LOAN FUND, TO ASSIST IN THE DEVELOPMENT, IMPLEMENTA-
TION AND OPERATION OF AGRICULTURAL PROGRAMS.
  S 3. Section 260 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 9 to read as follows:
  9.  "FOOD DESERT" SHALL MEAN AN AREA WITH LIMITED ACCESS TO AFFORDABLE
AND NUTRITIOUS FOOD, PARTICULARLY SUCH  AN  AREA  THAT  IS  COMPOSED  OF
PREDOMINATELY LOWER-INCOME NEIGHBORHOODS AND COMMUNITIES.
  S  4. Subdivision 1 of section 262 of the agriculture and markets law,
as amended by chapter 612 of the laws of  2006,  and  paragraph  (b)  as
amended  by  chapter  126  of  the  laws  of 2007, is amended to read as
follows:
  1. There is hereby created within the department a program  of  grants
for  the  purpose of providing state assistance for farmer's markets. In
administering such program, the commissioner, to  the  extent  feasible,
shall  ensure  an  equitable  distribution  of awards to rural areas and
other areas of the state.  State assistance provided  pursuant  to  this
section may be awarded for:
  (a)  the construction, reconstruction, improvement, expansion or reha-
bilitation of farmers' markets. Grants provided pursuant to  this  para-
graph  shall  not  exceed the lesser of fifty percent of project cost or
fifty thousand dollars per project in any fiscal year.
  (b) the purpose of providing promotional support for farmer's markets.
Grants provided pursuant to this paragraph shall not exceed  the  lesser
of  fifty  percent of project cost or [five] SEVEN thousand FIVE HUNDRED
dollars per applicant in any fiscal year.
  (C) EQUIPMENT COSTS ASSOCIATED WITH IMPROVING  FARMERS'  MARKET  FUNC-
TIONS, INCLUDING BUT NOT LIMITED TO EXPANDING ACCESS TO ELECTRONIC BENE-
FIT  TRANSFER  TECHNOLOGY FOR FARMERS' MARKETS AND OTHER NON-TRADITIONAL
FOOD ACCESS POINTS IN FOOD DESERTS IN THE STATE.
  S 5. This act shall take effect immediately.

                                 PART V

  Section 1. Article 4-A of the navigation law is REPEALED.
  S 2. Subdivision 3 of section 97-nn  of  the  state  finance  law,  as
amended  by  chapter  524  of  the  laws  of 2008, is amended to read as
follows:
  3. The "I love NY waterways" boating safety account shall  consist  of
the  revenues  required  to  be  deposited pursuant to the provisions of

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

sections seventy-eight and two hundred one of the  navigation  law,  and
all  other moneys credited or transferred thereto from any other fund or
source pursuant to law and shall be available for the administration and
enforcement  of  the boating safety program [including payments to coun-
ties for expenditures incurred in connection with such county's waterway
boating safety program pursuant to section seventy-nine-b of the naviga-
tion law,] including costs and expenses incidental and appurtenant ther-
eto.
  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART W

  Section  1. Subdivision 3 of section 99-h of the state finance law, as
amended by section 1 of part QQ of chapter 59 of the laws  of  2009,  is
amended to read as follows:
  3. Moneys of the account, following [appropriation] THE SEGREGATION OF
APPROPRIATIONS  ENACTED  by  the  legislature,  shall  be  available for
purposes including but not limited to: (a) reimbursements or payments to
municipal governments that host tribal casinos  pursuant  to  a  tribal-
state compact for costs incurred in connection with services provided to
such  casinos  or  arising as a result thereof, for economic development
opportunities and job expansion programs  authorized  by  the  executive
law; provided, however, that for any gaming facility located in the city
of  Buffalo,  the city of Buffalo shall receive a minimum of twenty-five
percent of the negotiated percentage of the  net  drop  from  electronic
gaming  devices the state receives pursuant to the compact, and provided
further that for any gaming facility located  in  the  city  of  Niagara
Falls, county of Niagara a minimum of twenty-five percent of the negoti-
ated percentage of the net drop from electronic gaming devices the state
receives pursuant to the compact shall be distributed in accordance with
subdivision  four  of  this  section,  and provided further that for any
gaming facility located in the county or counties of Cattaraugus,  Chau-
tauqua  or  Allegany, the municipal governments of the state hosting the
facility shall collectively receive a minimum of twenty-five percent  of
the negotiated percentage of the net drop from electronic gaming devices
the  state  receives  pursuant to the compact; and provided further that
pursuant to chapter five hundred ninety of  the  laws  of  two  thousand
four,  a  minimum of twenty-five percent of the revenues received by the
state pursuant to the state's compact with the St.  Regis  Mohawk  tribe
shall  be  made  available to the counties of Franklin and St. Lawrence,
and affected towns in such counties. Each such county and  its  affected
towns  shall  receive  fifty percent of the moneys made available by the
state; and (b) support and services of treatment  programs  for  persons
suffering from gambling addictions. Moneys not [appropriated] SEGREGATED
for  such  purposes  shall  be  transferred  to the general fund for the
support of government during the fiscal year in which they are received.
  S 2. Subdivision 3 of section  99-h  of  the  state  finance  law,  as
amended  by  section  1  of part V of chapter 59 of the laws of 2006, is
amended to read as follows:
  3. Moneys of the account, following [appropriation] THE SEGREGATION OF
APPROPRIATIONS ENACTED  by  the  legislature,  shall  be  available  for
purposes including but not limited to: (a) reimbursements or payments to
municipal  governments  that  host  tribal casinos pursuant to a tribal-
state compact for costs incurred in connection with services provided to
such casinos or arising as a result thereof,  for  economic  development

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

opportunities  and  job  expansion  programs authorized by the executive
law; provided, however, that for any  gaming  facility  located  in  the
county of Erie or Niagara, the municipal governments hosting the facili-
ty  shall  collectively  receive a minimum of twenty-five percent of the
negotiated percentage of the net drop from electronic gaming devices the
state receives pursuant to the compact and provided further that for any
gaming facility located in the county or counties of Cattaraugus,  Chau-
tauqua  or  Allegany, the municipal governments of the state hosting the
facility shall collectively receive a minimum of twenty-five percent  of
the negotiated percentage of the net drop from electronic gaming devices
the  state  receives  pursuant to the compact; and provided further that
pursuant to chapter five hundred ninety of  the  laws  of  two  thousand
four,  a  minimum of twenty-five percent of the revenues received by the
state pursuant to the state's compact with the St.  Regis  Mohawk  tribe
shall  be  made  available to the counties of Franklin and St. Lawrence,
and affected towns in such counties. Each such county and  its  affected
towns  shall  receive  fifty percent of the moneys made available by the
state; and (b) support and services of treatment  programs  for  persons
suffering from gambling addictions. Moneys not [appropriated] SEGREGATED
for  such  purposes  shall  be  transferred  to the general fund for the
support of government during the fiscal year in which they are received.
  S 3. Clause 5 of subparagraph (ii) of paragraph (a) of  subdivision  4
of  section  99-h  of  the state finance law, as amended by section 2 of
part QQ of chapter 59 of the  laws  of  2009,  is  amended  to  read  as
follows:
  (5)  within  thirty-five days upon receipt of such funds by such city,
one percent [or three  hundred  fifty  thousand  dollars,  whichever  is
greater,]  of  the  total  annual  amount  received in each year, NOT TO
EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS  ANNUALLY  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
  S 4. This act shall take effect immediately; provided that:
  (a)  the  amendments  to  subdivision  3  of section 99-h of the state
finance law made by section one of this act  shall  be  subject  to  the
expiration  and reversion of such section pursuant to section 2 of chap-
ter 747 of the laws of  2006,  as  amended,  when  upon  such  date  the
provisions of section two of this act shall take effect; and
  (b)  the  amendments to clause 5 of subparagraph (ii) of paragraph (a)
of subdivision 4 of section 99-h  of  the  state  finance  law  made  by
section  three  of  this  act  shall  not  affect the expiration of such
section and shall be deemed to expire therewith.

                                 PART X

  Section 1. The  racing,  pari-mutuel  wagering  and  breeding  law  is
amended by adding a new section 113 to read as follows:
  S  113.  SUPPLEMENTAL  REGULATORY  FEE. 1. IN ORDER TO PROVIDE SUPPLE-
MENTAL FUNDING TO SUPPORT THE OPERATIONS OF THE STATE RACING AND  WAGER-
ING  BOARD, 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  WITHHOLD
TWO AND THREE-QUARTERS PERCENT OF ALL PURSES. THE TOTAL AMOUNT COLLECTED

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

BASED  ON  PURSES IN RACES CONDUCTED DURING THE PRECEDING MONTH SHALL BE
PAID TO THE RACING AND WAGERING BOARD  ON  THE  FIFTEENTH  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
REQUIRED AMOUNT SHALL BE PAYABLE IN CASE  ANY  AMOUNT  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 THEREFORE 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
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, ESTABLISHED
PURSUANT  TO  SECTION  NINETY-NINE-I OF THE STATE FINANCE LAW, UNDER THE
JOINT CUSTODY OF THE COMPTROLLER AND THE BOARD, THE TOTAL AMOUNT OF  THE
FEES  RECEIVED 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 immediately.

                                 PART Y

  Section 1. Subdivisions 1 and 6 of section 408 of the general business
law, as added by chapter 509 of the laws of 1992, are amended to read as
follows:
  1. All licenses shall expire [two] FOUR years from the date  of  issu-
ance.
  6. Any license, which has not been suspended or revoked, may, upon the
payment  of  the renewal fee, be renewed for additional periods of [two]
FOUR years from its application, without further examination,  upon  the
filing of an application for such renewal, on a form to be prescribed by
the secretary.
  S  2.  Subdivisions  1, 2 and 7 of section 409 of the general business
law, subdivision 1 as amended by chapter 341 of the  laws  of  1998  and
subdivisions  2  and  7 as added by chapter 509 of the laws of 1992, are
amended to read as follows:
  1. The non-refundable fee for an application for a license  to  engage
in the practice of nail specialty, waxing, natural hair styling, esthet-
ics  or  cosmetology,  shall be [twenty] FORTY dollars initially and for

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

each renewal thereof the fee shall be [twenty] FORTY  dollars;  the  fee
for a temporary license and each renewal shall be ten dollars.
  2.  The  fee  for  an appearance enhancement business license shall be
[thirty] SIXTY dollars initially and [thirty]  SIXTY  dollars  for  each
renewal thereof.
  7.  The  fees  herein set forth shall be those for licenses issued for
the license period of [two] FOUR years.
  S 3. Subdivisions 2 and 4 of section 437 of the general business  law,
subdivision 2 as amended by chapter 497 of the laws of 1985 and subdivi-
sion  4 as added by chapter 801 of the laws of 1946 and as renumbered by
chapter 263 of the laws of 1949, are amended to read as follows:
  2. A certificate of registration as an apprentice shall be for a peri-
od of [two] FOUR years.
  4. A certificate of registration expiring in any year, which  has  not
been  revoked,  may, upon payment of the fee prescribed by this article,
be renewed for additional periods of [two] FOUR  years  upon  filing  an
application therefor and the certificate mentioned in subdivision two on
condition,  however,  that  no certificate of registration may be issued
after one renewal, unless the applicant for such certificate  of  regis-
tration has complied with all the provisions of this article relating to
apprentices.
  S  4. Subdivisions 1 and 4 of section 439 of the general business law,
subdivision 1 as amended by chapter 497 of the laws of 1985 and subdivi-
sion 4 as amended by chapter 243 of the laws of  1999,  are  amended  to
read as follows:
  1.  All  licenses, except temporary licenses, shall be for a period of
[two] FOUR years.
  4. Any license or certificate, except a temporary license,  which  has
not  been suspended or revoked, may, upon the payment of the renewal fee
prescribed by this article, be renewed for additional periods  of  [two]
FOUR  years  from  its expiration, without further examination, upon the
filing of any application for such renewal, on a form to  be  prescribed
by  the  secretary  of state, accompanied by the certificate required by
paragraph (c) and the certificate of completion  required  by  paragraph
(e-1)  of  subdivision  one  of section four hundred thirty-four of this
article.
  S 5. Subdivisions 1, 2, 4 and 8 of section 440 of the general business
law, as amended by chapter 61 of the laws of 1989, are amended  to  read
as follows:
  1.  The fee for a license to engage in the practice of barbering shall
be [twenty] FORTY dollars and for each renewal thereof the fee shall  be
[twenty] FORTY dollars.
  2.  The  fee  for a license to conduct a barber shop shall be [thirty]
SIXTY dollars and for each renewal thereof the  fee  shall  be  [thirty]
SIXTY dollars.
  4.  The fee for the registration or the renewal of the registration of
an apprentice shall be [ten] TWENTY dollars.
  8. The fees hereinabove set forth shall be those for  licenses  issued
for  the  license  period  of  [two]  FOUR  years.   Notwithstanding the
provisions of subdivision one of section  four  hundred  thirty-nine  of
this  article,  after [January first, nineteen hundred eighty-six] APRIL
FIRST, TWO THOUSAND ELEVEN, the secretary of state  shall  assign  stag-
gered expiration dates for outstanding licenses that have been previous-
ly  renewed  [on  June  thirtieth  of each year] and such licenses shall
thereafter expire  [two]  FOUR  years  from  the  assigned  date  unless
renewed.  [If  the  assigned date results in a term that exceeds twenty-

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

four months, the applicant shall pay an additional  prorated  adjustment
together  with  the  regular  renewal fee.] The secretary of state shall
assign dates to existing licenses in a manner which shall  result  in  a
term of not less than [two] FOUR years.
  S 6. This act shall take effect immediately.

                                 PART Z

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 104 to read as follows:
  S 104. ELECTRONIC REAL PROPERTY TAX ADMINISTRATION. 1.   NOTWITHSTAND-
ING  ANY  PROVISION  OF  LAW TO THE CONTRARY, THE COMMISSIONER IS HEREBY
AUTHORIZED TO ESTABLISH  STANDARDS  FOR  ELECTRONIC  REAL  PROPERTY  TAX
ADMINISTRATION  (E-RPT).  SUCH  STANDARDS  SHALL SET FORTH THE TERMS AND
CONDITIONS UNDER WHICH THE VARIOUS TASKS ASSOCIATED WITH  REAL  PROPERTY
TAX  ADMINISTRATION  MAY BE EXECUTED ELECTRONICALLY, DISPENSING WITH THE
NEED FOR PAPER DOCUMENTS. SUCH TASKS SHALL INCLUDE BUT  NOT  BE  LIMITED
TO:
  (A) THE FILING OF EXEMPTION APPLICATIONS;
  (B) THE FILING OF PETITIONS FOR ADMINISTRATIVE REVIEW OF ASSESSMENTS;
  (C) THE FILING OF PETITIONS FOR JUDICIAL REVIEW OF ASSESSMENTS;
  (D)  THE  FILING  OF  APPLICATIONS  FOR  ADMINISTRATIVE CORRECTIONS OF
ERRORS;
  (E) THE ISSUANCE OF STATEMENTS OF TAXES;
  (F) THE PAYMENT OF TAXES, SUBJECT TO THE PROVISIONS OF  SECTIONS  FIVE
AND FIVE-B OF THE GENERAL MUNICIPAL LAW;
  (G) THE PROVISION OF RECEIPTS FOR THE PAYMENT OF TAXES;
  (H)  THE  ISSUANCE  OF  TAXPAYER  NOTICES  REQUIRED  BY LAW, INCLUDING
SECTIONS FIVE HUNDRED EIGHT, FIVE HUNDRED TEN, FIVE HUNDRED TEN-A,  FIVE
HUNDRED  ELEVEN,  FIVE  HUNDRED TWENTY-FIVE AND FIVE HUNDRED FIFTY-ONE-A
THROUGH FIVE HUNDRED FIFTY-SIX-B OF THIS CHAPTER; AND
  (I) THE FURNISHING OF NOTICES  AND  CERTIFICATES  UNDER  THIS  CHAPTER
RELATING  TO  STATE  EQUALIZATION  RATES, RESIDENTIAL ASSESSMENT RATIOS,
SPECIAL FRANCHISE ASSESSMENTS, RAILROAD CEILINGS, TAXABLE  STATE  LANDS,
ADVISORY  APPRAISALS,  AND  THE  CERTIFICATION  OF  ASSESSORS AND COUNTY
DIRECTORS OR REAL PROPERTY TAX SERVICES.
  2. SUCH STANDARDS SHALL BE DEVELOPED  AFTER  CONSULTATION  WITH  LOCAL
GOVERNMENT  OFFICIALS, THE OFFICE OF COURT ADMINISTRATION AND THE OFFICE
OF THE STATE COMPTROLLER.
  3. (A) TAXPAYERS SHALL NOT BE OBLIGED TO ACCEPT NOTICES, STATEMENTS OF
TAXES, RECEIPTS FOR THE PAYMENT OF TAXES, OR OTHER  DOCUMENTS  ELECTRON-
ICALLY  UNLESS  THEY  HAVE SO ELECTED. TAXPAYERS WHO HAVE NOT SO ELECTED
SHALL BE SENT SUCH COMMUNICATIONS IN THE MANNER  OTHERWISE  PROVIDED  BY
LAW.
  (B)  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, ASSESSORS
AND OTHER MUNICIPAL OFFICIALS, SPECIAL  FRANCHISE  OWNERS  AND  RAILROAD
COMPANIES  SHALL BE OBLIGED TO ACCEPT AND RESPOND TO COMMUNICATIONS FROM
THE COMMISSIONER ELECTRONICALLY UNLESS HE, SHE OR IT  HAS  CERTIFIED  TO
THE  COMMISSIONER  THAT  HE, SHE OR IT IS INCAPABLE OF DOING SO DUE TO A
LACK OF THE NECESSARY HARDWARE OR SOFTWARE.
  (C) THE STANDARDS PRESCRIBED BY  THE  COMMISSIONER  PURSUANT  TO  THIS
SECTION  SHALL PROVIDE FOR THE COLLECTION OF ELECTRONIC CONTACT INFORMA-
TION, SUCH AS E-MAIL ADDRESSES AND/OR  SOCIAL  NETWORK  USERNAMES,  FROM
TAXPAYERS  WHO  HAVE  ELECTED  TO  RECEIVE  ELECTRONIC COMMUNICATIONS IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH  INFORMATION  SHALL

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

BE  EXEMPT FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH SECTION EIGHTY-NINE
OF THE PUBLIC OFFICERS LAW.
  4.  WHEN  A DOCUMENT HAS BEEN TRANSMITTED ELECTRONICALLY IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION AND THE  STANDARDS  ADOPTED  BY  THE
COMMISSIONER  HEREUNDER,  IT  SHALL  BE DEEMED TO SATISFY THE APPLICABLE
LEGAL REQUIREMENTS TO THE SAME EXTENT AS IF IT HAD BEEN MAILED  VIA  THE
UNITED STATES POSTAL SERVICE.
  S  2.  Subdivision  1  of section 500 of the real property tax law, as
amended by chapter 479 of the laws  of  2008,  is  amended  to  read  as
follows:
  1.  The assessors in each city and town shall maintain an inventory of
all the real property located therein including the names of the  owners
thereof and complete an annual update thereto on or before the first day
of March. The physical characteristics of real property included in such
inventory  shall  constitute  a public record and shall be available for
public inspection and copying in accordance with paragraph (b) of subdi-
vision two of section eighty-seven of the public officers law except  as
provided  in paragraphs (d) and (f) of subdivision two of section eight-
y-seven of the public officers law. Disclosure  of  the  inventory  data
shall  not  be considered an unwarranted invasion of personal privacy as
defined in subdivision two of section eighty-nine of the public officers
law.  FOR ASSESSMENT ROLLS WITH TAXABLE STATUS DATES  OCCURRING  ON  AND
AFTER  MARCH FIRST, TWO THOUSAND TWELVE, ALL SUCH RECORDS SHALL BE MAIN-
TAINED ELECTRONICALLY, IN A FORMAT PRESCRIBED OR APPROVED BY THE COMMIS-
SIONER.
  S 3. The opening paragraph  of  paragraph  (a)  of  subdivision  1  of
section  922  of  the  real property tax law, as amended by section 5 of
part B of chapter 389 of the  laws  of  1997,  is  amended  to  read  as
follows:
  Upon receipt of the tax roll and warrant, the collecting officer shall
mail  OR,  SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED FOUR OF THIS
CHAPTER, TRANSMIT ELECTRONICALLY to each owner of real property  at  the
tax  billing  address  listed  thereon a statement showing the amount of
taxes due on the property. The statement must contain:
  S 4. Subdivision 1 of section 925 of the real  property  tax  law,  as
separately  amended  by  chapters  513  and  568 of the laws of 2002, is
amended to read as follows:
  1. (A) Notwithstanding any contrary provision of this chapter,  or  of
any  general,  special or local law, code or charter, if payment for the
amount of any taxes on real property, accompanied by  the  statement  of
such  taxes, is enclosed in a postpaid wrapper properly addressed to the
appropriate collecting officer and is deposited  in  a  post  office  or
official  depository  under the exclusive care and custody of the United
States [post office] POSTAL SERVICE, such payment shall, upon  delivery,
be  deemed  to  have been made to such officer on the date of the United
States postmark on such wrapper. If the postmark does not appear on such
wrapper or the postmark is illegible such payment  shall  be  deemed  to
have  been  made  on the date of delivery to such collecting officer. As
used in this section, "taxes on real property" includes special ad valo-
rem levies and special assessments.
  (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY  TO  A  PAYMENT
THAT  HAS  BEEN  MADE  ELECTRONICALLY  PURSUANT TO SECTION FIVE-B OF THE
GENERAL MUNICIPAL LAW, BUT SHALL APPLY TO A PAYMENT THAT HAS BEEN MAILED
VIA THE UNITED STATES POSTAL SERVICE BY A FINANCIAL  INSTITUTION  ACTING
PURSUANT TO INSTRUCTIONS GIVEN TO IT BY A TAXPAYER ELECTRONICALLY.

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

  S  5.  Section 925-c of the real property tax law, as added by section
11 of part X of chapter 62 of the laws of 2003, is amended  to  read  as
follows:
  S  925-c.  Payment  of  real  property  taxes  via  the internet. [1.]
Notwithstanding any contrary provision of this chapter, or of any gener-
al, special or local law, code or charter, [if payment for the amount of
any taxes on real property, accompanied by sufficient language to  iden-
tify  the  property  and  tax  levy,  is received via the internet, such
payment is considered received by the appropriate officer  and  paid  by
the  taxpayer at the time the internet transaction is completed and sent
by the taxpayer.
  2. Any local government authorizing  the  payment  of  taxes  via  the
internet  pursuant  to section five-b of the general municipal law shall
provide a confirmation page to the taxpayer following the completion  of
the  internet  transaction.  Such  confirmation  page  shall include, at
least, the following:
  (a) the date the transaction was completed and sent by  the  taxpayer;
and
  (b)  a notice to the taxpayer to print out and retain the confirmation
page as his or her receipt] REAL PROPERTY TAXES  MAY  BE  PAID  VIA  THE
INTERNET  UNDER  THE TERMS AND CONDITIONS SET FORTH IN SECTION FIVE-B OF
THE GENERAL MUNICIPAL LAW.
  S 6. Subdivisions 3 and 3-a of section 955 of the  real  property  tax
law,  subdivision  3 as amended by section 7 of part B of chapter 389 of
the laws of 1997 and subdivision 3-a as added by chapter 365 of the laws
of 2010, are amended to read as follows:
  3. No later than three weeks after a tax has been paid by  a  mortgage
investing  institution  pursuant  to  this title, the collecting officer
shall deliver [or], mail, OR, SUBJECT TO THE PROVISIONS OF  SECTION  ONE
HUNDRED  FOUR  OF THIS CHAPTER, TRANSMIT ELECTRONICALLY a receipt to the
mortgagor for whom the real property tax escrow account  is  maintained.
Each  such  receipt shall be in the same format as a statement of taxes,
except that the word "Paid" (or an equivalent word  or  words)  and  the
date  of  payment  shall  be clearly displayed thereon.  The receipt may
also display, if the collecting officer so elects, the name,  title  and
signature  (or  initials) of the collecting officer or of the authorized
subordinate who received the payment.
  [3-a. (a) The collecting officer shall deliver  or  mail  the  receipt
required  under  subdivision  three  of  this  section unless a taxpayer
requests to receive such  receipt  electronically,  in  which  case  the
collecting  officer  shall  make  an electronic receipt available to the
taxpayer. The collecting officer shall notify  all  taxpayers  that  any
availability  of  electronic  receipts does not preclude a taxpayer from
electing to receive a copy of his or her tax receipt in the mail  or  in
person.
  (b)  The  provisions  of paragraph (a) of this subdivision shall apply
only to a city, town, or village which by local law provides that  elec-
tronic  availability  of  such  receipts shall be an authorized means of
delivery.]
  S 7. Subdivision 1 of section 986 of the real  property  tax  law,  as
amended  by  section  8 of part B of chapter 389 of the laws of 1997, is
amended to read as follows:
  1. The collecting officer shall upon request or by notice on  the  tax
bill  of  a  person  paying  a  tax,  deliver [or], forward by mail, OR,
SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED FOUR OF  THIS  CHAPTER,
TRANSMIT  ELECTRONICALLY a receipt to such person specifying the date of

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

such payment, the name of such person, the description of  the  property
as  shown  on  the  tax roll, the name of the person to whom the same is
assessed, the amount of such tax and the date of delivery to such  offi-
cer  of  the tax roll on account of which such tax was paid, except that
the collecting officer of the city of New York shall not be required  to
give  such  a receipt unless payment of a tax is made in money or unless
the person paying the tax makes a request therefor in writing.   Nothing
contained  in this subdivision shall prevent the collecting officer from
delivering [or], forwarding by mail, OR  TRANSMITTING  ELECTRONICALLY  a
receipt  to  any person paying a tax who does not request such a receipt
or make a proper notation on the tax bill.  Provided, however, if a  tax
is paid by a mortgage investing institution pursuant to title three-A of
this  article, a receipt for each paid tax bill shall be delivered [or],
mailed, OR TRANSMITTED ELECTRONICALLY to the mortgagor pursuant  to  the
provisions of section nine hundred fifty-five of this article.
  S  8.  Subdivision  1 of section 1590 of the real property tax law, as
amended by section 3 of part X of chapter 56 of the laws of 2010, and as
further amended by subdivision (b) of section 1 of part W of chapter  56
of the laws of 2010, is amended to read as follows:
  1.  (A)  A  municipal  corporation,  other than a school district or a
village, which prepares assessment rolls by  means  of  electronic  data
processing,  shall  annually  submit  to the commissioner the data files
used in the preparation of each tentative and final assessment roll  and
summaries of the information from the final assessment roll including as
a  minimum  the number of parcels, the total assessed value thereof, and
the total taxable assessed value  thereof.  Such  information  shall  be
submitted  within  ten days of the time of filing the tentative or final
assessment roll, as provided for pursuant to section five hundred six or
five hundred sixteen of this chapter or such other law as may be  appli-
cable.
  (B)(I)  In  addition,  if the assessing unit maintains a website, then
within ten days of the filing of the tentative assessment roll, it shall
post a copy of such roll on its website, with a link thereto prominently
displayed on its home page, and shall not remove  the  same  before  the
final  assessment roll has been filed. In lieu of posting a copy of such
roll on its website, the assessing unit may cause such copy to be posted
on the website of the county in which it is located for the same  period
of  time as otherwise required by this subdivision, provided that a link
thereto shall be prominently displayed on the website of  the  assessing
unit.
  (II)  IF  THE ASSESSING UNIT DOES NOT MAINTAIN A WEBSITE, THEN, WITHIN
TEN DAYS OF THE FILING OF THE TENTATIVE ASSESSMENT ROLL, IT SHALL  CAUSE
A  COPY  OF SUCH ROLL TO BE POSTED ON THE WEBSITE OF THE COUNTY IN WHICH
IT IS LOCATED FOR THE SAME PERIOD OF TIME AS OTHERWISE REQUIRED BY  THIS
SUBDIVISION.
  (C)  WITHIN  TEN  DAYS OF THE FILING OF THE FINAL ASSESSMENT ROLL, THE
ASSESSING UNIT SHALL CAUSE A COPY OF SUCH FINAL ROLL TO BE POSTED EITHER
ON ITS OWN WEBSITE OR ON THE COUNTY'S WEBSITE, IN THE  SAME  MANNER  AND
SUBJECT  TO  THE  SAME  CONDITIONS  AS PROVIDED IN PARAGRAPH (B) OF THIS
SUBDIVISION.
  S 9. The real property tax law is amended by adding a new section 1591
to read as follows:
  S 1591. PARCEL-BASED E-GOVERNMENT DATA SYSTEM. 1. THE COMMISSIONER  IS
HEREBY  AUTHORIZED  TO  IMPLEMENT  A  PARCEL-BASED ELECTRONIC GOVERNMENT
(E-GOVERNMENT) SYSTEM AS PROVIDED HEREIN.

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  2. THE SYSTEM SHALL COMPILE  ALL  ASSESSMENT-RELATED  DATA,  INCLUDING
ASSESSMENT  ROLLS,  INVENTORY,  AND  SALES  DATA. THE NECESSARY DATA AND
HARDWARE SERVERS SHALL RESIDE AT THE STATE, REGIONAL  OR  COUNTY  LEVEL,
AND  SHALL  BE  ACCESSED  THROUGH  APPROPRIATE COMMUNICATIONS SYSTEMS AS
DEFINED BY THE COMMISSIONER.
  3. THE SYSTEM SHALL, AT A MINIMUM: (A) MAKE AVAILABLE TO ALL ASSESSING
UNITS  AND  COUNTIES THE LATEST VERSION OF THE SOFTWARE DEVELOPED BY THE
COMMISSIONER FOR PROCESSING  ASSESSMENT  DATA,  PROVIDED  THAT  SOFTWARE
UPDATES SHALL BE INCORPORATED AS NEEDED THROUGH AN ELECTRONIC MEANS THAT
SHALL REQUIRE NO ACTION ON THE PART OF THE USER;
  (B)  REDUCE  OR  ELIMINATE  THE INEFFICIENCIES AND REDUNDANCIES IN THE
EXISTING SYSTEM, SUCH AS BY ENABLING ASSESSORS TO FILE REPORTS WITH  THE
COMMISSIONER ELECTRONICALLY;
  (C)  BE A SECURE SYSTEM THAT IS ACCESSIBLE ONLY TO AUTHORIZED USERS OF
GEOGRAPHICALLY  REFERENCED  PARCEL-LEVEL  INFORMATION,   PROVIDED   THAT
DIFFERENT CLASSES OF USERS SHALL BE GIVEN DIFFERENT LEVELS OF ACCESS, AS
DEFINED  BY  THE COMMISSIONER, LOCAL GOVERNMENTS SHALL HAVE UNRESTRICTED
ACCESS TO THE DATA RELATING TO THE PROPERTY WITHIN  THEIR  BORDERS,  AND
THE COMMISSIONER SHALL HAVE UNLIMITED ACCESS TO ALL DATA;
  (D) ENABLE ALL DATA QUERIES TO BE MADE IN A UNIFORM MANNER, REGARDLESS
OF WHERE THE DATA MAY RESIDE; AND
  (E) ENSURE THAT ALL DATA IS REGULARLY BACKED UP FOR SECURITY PURPOSES.
  4.  THE  COMMISSIONER  IS  AUTHORIZED TO ENTER INTO SERVICE AGREEMENTS
WITH LOCAL OFFICIALS TO ENSURE THAT THE SYSTEM MAINTAINS ITS FUNCTIONAL-
ITY AND THAT THE DATA THEREON IS KEPT CURRENT AND ACCESSIBLE.
  S 10. Section 5-b of the general municipal law, as added by section 10
of part X of chapter 62 of the laws of 2003, subdivision 1 as amended by
chapter 741 of the laws of 2005, is amended to read as follows:
  S 5-b. Collection of fines, civil penalties, rent, rates, taxes, fees,
charges and other amounts via the internet. 1. The  governing  board  of
any  local  government,  as  that term is defined in section ten of this
article, may, by local law, ordinance or resolution, determine  that  it
is in the public interest and authorize such local government to provide
for  the  acceptance  of  penalties, rents, rates, taxes, fees, charges,
revenue, financial obligations or other  amounts,  including  penalties,
special  assessments or interest via a municipal internet website OR THE
WEBSITE OF A THIRD-PARTY VENDOR  THAT  HAS  CONTRACTED  WITH  THE  LOCAL
GOVERNMENT  TO  RECEIVE SUCH PAYMENTS ON ITS BEHALF.  Submission via the
internet may not, however, be  required  as  the  sole  method  for  the
collection  of fines, civil penalties, rent, rates, taxes, fees, charges
and other amounts. Such payments shall be accepted via the internet in a
manner and condition defined by such local government. Any  method  used
to  receive  internet  payments  shall  comply with article three of the
state technology law and  any  rules  and  regulations  promulgated  and
guidelines  developed thereunder and, at a minimum must (a) authenticate
the identity of the sender; and (b) ensure the security of the  informa-
tion transmitted.
  2.  Any  local  government  authorizing  the  payment of taxes via the
internet shall provide OR DIRECT ITS VENDOR TO  PROVIDE  a  confirmation
page  to  the  taxpayer  following the completion of the internet trans-
action. Such confirmation page shall include, at least, the following:
  (a) the date the internet transaction was completed and  sent  by  the
taxpayer; [and]
  (b) THE AMOUNT PAID;
  (C) A UNIQUE CONFIRMATION NUMBER; AND

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

  (D)  a  notice  [to] ADVISING the taxpayer to print out and retain the
confirmation page as his or her receipt.
  3.  Payments received via the internet shall be considered received by
the appropriate officer and paid by the taxpayer at the time the  inter-
net transaction is completed and sent by the taxpayer.
  4.  The  underlying  debt,  lien,  obligation,  bill, account or other
amount owed to the local government for which  payment  by  internet  is
accepted  by  the  local  government  shall  not be expunged, cancelled,
released, discharged or satisfied, and any receipt or other evidence  of
payment  shall  be  deemed  conditional,  until the local government has
received final and unconditional payment of the full amount due.
  5. The governing board, in enacting a local law, ordinance  or  resol-
ution  pursuant  to this section, shall designate which of its officers,
charged with the duty of collecting or receiving moneys on behalf of the
local government, shall be authorized to accept such  payments  via  the
internet.
  6.  THE STATE COMPTROLLER MAY ISSUE SUCH GUIDELINES AS HE OR SHE DEEMS
APPROPRIATE GOVERNING THE USE OF THIRD PARTY VENDORS FOR THIS PURPOSE.
  S 11. Subdivision 2 of section 89 of the public officers law, as added
by chapter 933 of the laws of 1977, subparagraph (iii) of paragraph  (b)
and subparagraph (iii) of paragraph (c) as amended and subparagraph (iv)
of  paragraph  (c) as added by chapter 223 of the laws of 2008, subpara-
graph (v) of paragraph (b) as amended and subparagraph (vi) of paragraph
(b) as added by chapter 545 of the laws of 1998, is amended to  read  as
follows:
  2. (a) The committee on public access to records may promulgate guide-
lines  regarding  deletion  of  identifying  details  or  withholding of
records otherwise available under this article  to  prevent  unwarranted
invasions  of  personal  privacy.  In the absence of such guidelines, an
agency may delete identifying details when it makes records available.
  (b) An unwarranted invasion of personal privacy  includes,  but  shall
not be limited to:
  i.  disclosure  of employment, medical or credit histories or personal
references of applicants for employment;
  ii. disclosure of items involving the medical or personal records of a
client or patient in a medical facility;
  iii. sale or release of lists of names and  addresses  if  such  lists
would be used for solicitation or fund-raising purposes;
  iv.  disclosure  of  information  of a personal nature when disclosure
would result in economic or personal hardship to the subject  party  and
such information is not relevant to the work of the agency requesting or
maintaining it; [or]
  v.  disclosure  of information of a personal nature reported in confi-
dence to an agency and not relevant to the ordinary work of such agency;
[or]
  vi. information of a personal nature contained in a  workers'  compen-
sation  record,  except  as provided by section one hundred ten-a of the
workers' compensation law; OR
  VII. DISCLOSURE OF ELECTRONIC CONTACT INFORMATION, SUCH AS  AN  E-MAIL
ADDRESS  OR  A  SOCIAL  NETWORK USERNAME, THAT HAS BEEN COLLECTED FROM A
TAXPAYER UNDER SECTION ONE HUNDRED FOUR OF THE REAL PROPERTY TAX LAW.
  (c) Unless otherwise provided by this article, disclosure shall not be
construed to constitute an  unwarranted  invasion  of  personal  privacy
pursuant to paragraphs (a) and (b) of this subdivision:
  i. when identifying details are deleted;

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

  ii.  when  the person to whom a record pertains consents in writing to
disclosure;
  iii. when upon presenting reasonable proof of identity, a person seeks
access to records pertaining to him or her; or
  iv.  when  a record or group of records relates to the right, title or
interest in real property, or relates to the inventory, status or  char-
acteristics  of  real  property,  in which case disclosure and providing
copies of such record or group of records shall not be deemed an  unwar-
ranted  invasion of personal privacy, PROVIDED THAT NOTHING HEREIN SHALL
BE CONSTRUED TO AUTHORIZE THE DISCLOSURE OF ELECTRONIC CONTACT  INFORMA-
TION,  SUCH  AS AN E-MAIL ADDRESS OR A SOCIAL NETWORK USERNAME, THAT HAS
BEEN COLLECTED FROM A TAXPAYER UNDER SECTION ONE  HUNDRED  FOUR  OF  THE
REAL PROPERTY TAX LAW.
  S  12.  The  tax  law is amended by adding a new section 35 to read as
follows:
  S 35. USE OF ELECTRONIC MEANS OF  COMMUNICATION.  NOTWITHSTANDING  ANY
OTHER PROVISION OF NEW YORK STATE LAW, WHERE THE DEPARTMENT HAS OBTAINED
AUTHORIZATION  OF AN ONLINE SERVICES ACCOUNT HOLDER, IN SUCH FORM AS MAY
BE PRESCRIBED BY THE COMMISSIONER, THE  DEPARTMENT  MAY  USE  ELECTRONIC
MEANS  OF  COMMUNICATION  TO FURNISH ANY DOCUMENT IT IS REQUIRED TO MAIL
PER LAW OR REGULATION. IF THE  DEPARTMENT  FURNISHES  SUCH  DOCUMENT  IN
ACCORDANCE  WITH  THIS  SECTION,  DEPARTMENT RECORDS OF SUCH TRANSACTION
SHALL CONSTITUTE APPROPRIATE AND SUFFICIENT PROOF  OF  DELIVERY  THEREOF
AND BE ADMISSIBLE IN ANY ACTION OR PROCEEDING.
  S  13. Section 29 of the tax law, as added by section 1 of part UU1 of
chapter 57 of the laws of 2008 and paragraph (1) of subdivision  (e)  as
amended  by  section  1  of part G of chapter 57 of the laws of 2010, is
amended to read as follows:
  S 29. Mandatory electronic filing and payment.  (a)  For  purposes  of
this section, the following terms have the specified meanings:
  (1)  "Authorized  tax document" means a tax document which the commis-
sioner has authorized to be filed electronically.
  (2) "Electronic" means computer technology.
  (3) "Original tax document" means a tax document that is filed  during
the  calendar  year for which that tax document is required or permitted
to be filed.
  (4) "Tax" means any tax or other matter administered  by  the  commis-
sioner  pursuant  to  this  chapter  or  any  other  provision  of law[;
provided, however, that the  term  "tax"  does  not  include  the  taxes
imposed  by, or pursuant to the authority of, articles twenty-two, thir-
ty, thirty-A or thirty-B of this chapter].
  (5) "Tax document" means a return, report or any other document relat-
ing to a tax or other matter administered by the commissioner.
  (6) "Tax return preparer" means any person who  prepares  for  compen-
sation,  or  who  employs  or engages one or more persons to prepare for
compensation, any authorized tax document. For purposes of this section,
the term "tax return preparer" also includes a payroll service.
  (7) "Tax software" means any computer software  program  intended  for
tax  return preparation purposes. For purposes of this section, the term
"tax software" includes, but is not limited to, an  off-the-shelf  soft-
ware program loaded onto a tax return preparer's or taxpayer's computer,
an  online tax preparation application, or a tax preparation application
hosted by the department.
  (b) If a tax return preparer [prepared more than one hundred] PREPARES
ANY original tax [documents during any calendar  year  beginning  on  or
after  January  first,  two  thousand  seven,  and if, in any succeeding

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

calendar year that tax return preparer prepares one or  more  authorized
tax  documents]  DOCUMENT using tax software, then[, for that succeeding
calendar year and for each subsequent calendar  year  thereafter,]  THAT
ORIGINAL  TAX  DOCUMENT  AND  all  SUBSEQUENT  authorized  tax documents
prepared by that tax return preparer must be  filed  electronically,  in
accordance with instructions prescribed by the commissioner.
  (c) If a taxpayer does not utilize a tax return preparer to prepare an
authorized  tax document [during any calendar year beginning on or after
January first, two thousand eight], but instead prepares  that  document
itself  using  tax  software, then[, for that calendar year and for each
subsequent calendar  year  thereafter,]  all  authorized  tax  documents
prepared  by  the  taxpayer  using  tax software must be filed electron-
ically, in accordance with instructions prescribed by the commissioner.
  (d) [Any] THE COMMISSIONER MAY REQUIRE tax liability or  other  amount
due  shown  on,  or required to be paid with, an authorized tax document
required to be filed electronically pursuant to subdivision (b)  or  (c)
of  this  section  [must]  TO be paid by the taxpayer electronically, in
accordance with instructions prescribed by the commissioner.
  (e) Failure to electronically file or electronically pay.   (1)  If  a
tax  return  preparer is required to file authorized tax documents elec-
tronically pursuant to subdivision (b) of this section, and that prepar-
er fails to file one or more of  those  documents  electronically,  then
that  preparer  will  be  subject  to  a penalty of [fifty] FIVE HUNDRED
dollars for [each] THE FIRST failure to electronically file  an  author-
ized  tax document, AND ONE THOUSAND DOLLARS FOR EACH SUCCEEDING FAILURE
TO ELECTRONICALLY FILE AN AUTHORIZED TAX DOCUMENT, unless  it  is  shown
that  the  failure  is  due  to  reasonable cause and not due to willful
neglect.
  (2) If a taxpayer is required to ELECTRONICALLY  FILE  ANY  AUTHORIZED
TAX  DOCUMENTS  OR  electronically pay any tax liability or other amount
due shown on, or required to be paid with, an  authorized  tax  document
required  to  be filed electronically pursuant to subdivision (b) or (c)
of this section, and that taxpayer fails to ELECTRONICALLY FILE  ONE  OR
MORE  OF  THOSE TAX DOCUMENTS OR electronically pay one or more of those
liabilities or other amounts due, then that taxpayer will be subject  to
a  penalty  of  fifty  dollars for each INDIVIDUAL TAXPAYER'S failure to
ELECTRONICALLY FILE AN AUTHORIZED TAX DOCUMENT REQUIRED BY  OR  PURSUANT
TO  THE AUTHORITY OF ARTICLE TWENTY-TWO, THIRTY, THIRTY-A OR THIRTY-B OF
THIS CHAPTER OR electronically pay ANY PERSONAL INCOME TAX IMPOSED BY OR
PURSUANT TO THE AUTHORITY OF ANY OF  THOSE  ARTICLES,  AND  ONE  HUNDRED
DOLLARS FOR EACH FAILURE TO ELECTRONICALLY FILE ANY OTHER AUTHORIZED TAX
DOCUMENT  OR  ELECTRONICALLY  PAY ANY OTHER TAX, UNLESS IT IS SHOWN THAT
THE FAILURE IS DUE TO REASONABLE CAUSE AND NOT DUE TO  WILLFUL  NEGLECT.
IN  ADDITION,  ANY TAXPAYER THAT FAILS TO ELECTRONICALLY FILE AN AUTHOR-
IZED TAX DOCUMENT FOR ANY TAX OTHER  THAN  AN  INDIVIDUAL  TAXPAYER  WHO
FAILS  TO  FILE  AN  AUTHORIZED TAX DOCUMENT FOR ANY PERSONAL INCOME TAX
IMPOSED BY OR PURSUANT TO THE AUTHORITY OF ARTICLE  TWENTY-TWO,  THIRTY,
THIRTY-A  OR  THIRTY-B  WILL BE SUBJECT TO THE PENALTY IMPOSED UNDER THE
APPLICABLE ARTICLE FOR THE FAILURE TO FILE A RETURN OR REPORT, WHETHER A
PAPER RETURN OR REPORT HAS BEEN FILED OR NOT.
  (3) 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 the tax to which the electronic transaction relates.  However,
if  the electronic transaction relates to another matter administered by
the commissioner, then the [penally] PENALTY will be assessed, collected

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

and paid in the same manner as prescribed  by  article  twenty-seven  of
this chapter.
  (4)  IF A TAXPAYER OR TAX RETURN PREPARER FAILS TO ELECTRONICALLY FILE
AN AUTHORIZED TAX DOCUMENT WHEN REQUIRED TO DO SO PURSUANT  TO  SUBDIVI-
SION  (B)  OR (C) OF THIS SECTION, THE TAXPAYER SHALL NOT BE ELIGIBLE TO
RECEIVE INTEREST ON ANY OVERPAYMENT IN ACCORDANCE WITH  THE  OVERPAYMENT
PROVISIONS OF THIS CHAPTER UNTIL SUCH DOCUMENT IS FILED ELECTRONICALLY.
  (f)  The  provisions  of sections nine and ten of this chapter are not
affected by this section and will remain in full force and effect.
  (g) The commissioner  is  authorized  to  promulgate  any  regulations
necessary to implement this section.
  S  14. Paragraph 10 of subsection (g) of section 658 of the tax law is
REPEALED.
  S 15. Paragraph 10 of subdivision (g) of section 11-1758 of the admin-
istrative code of the city of New York is REPEALED.
  S 16. Paragraph 5 of subsection (u) of section 685 of the tax  law  is
REPEALED.
  S  17. Paragraph 5 of subdivision (t) of section 11-1785 of the admin-
istrative code of the city of New York is REPEALED.
  S 18. Subparagraph (A) of paragraph 3 of subsection (c) of section 658
of the tax law, as amended by section 1 of part H-1 of chapter 57 of the
laws of 2009, is amended to read as follows:
  (A) Every  subchapter  K  limited  liability  company,  every  limited
liability  company  that  is a disregarded entity for federal income tax
purposes, and every partnership which has any income  derived  from  New
York  sources,  determined  in  accordance  with the applicable rules of
section six hundred thirty-one of this article  as  in  the  case  of  a
nonresident individual, shall, within [thirty] SIXTY days after the last
day  of  the taxable year, make a payment of a filing fee. The amount of
the filing fee is the amount set forth in subparagraph (B) of this para-
graph. The minimum filing fee is twenty-five dollars for  taxable  years
beginning in two thousand eight and thereafter. Limited liability compa-
nies  that are disregarded entities for federal income tax purposes must
pay a filing fee of twenty-five dollars for taxable years  beginning  on
or after January first, two thousand eight.
  S  19. Subdivision 4 of section 1315 of the abandoned property law, as
amended by section 2 of part II of chapter 57 of the laws  of  2010,  is
amended to read as follows:
  4.  Any  amount  representing  an  unpaid check or draft issued by the
state of New York which shall have remained unpaid after one  year  from
the  date  of  issuance OR A DEBIT CARD ISSUED ON BEHALF OF THE STATE OF
NEW YORK FOR THE PURPOSE OF PAYING A TAX REFUND  WHICH  SHALL  NOT  HAVE
BEEN ACTIVATED FOR ONE YEAR FROM THE DATE OF ISSUANCE in accordance with
section  one  hundred two of the state finance law shall be deemed aban-
doned property and shall be paid to the state comptroller.
  S 20. Section 102 of the state finance law, as amended by section 7 of
part P of chapter 62 of the laws of 2003, is amended to read as follows:
  S 102. Amounts of unpaid checks, DRAFTS OR DEBIT CARDS to be paid into
abandoned property fund.  Upon audit and statement of  the  comptroller,
the amounts of all checks or drafts on bank accounts of any funds of the
state,  AND THE AMOUNTS OF ALL DEBIT CARDS ISSUED ON BEHALF OF THE STATE
FOR THE PURPOSE OF PAYING A TAX REFUND which checks or drafts  have  not
been  paid  OR WHICH DEBIT CARDS HAVE NOT BEEN ACTIVATED and which shall
have been outstanding for more than one year from the  respective  dates
thereof,  shall  be  paid  into  the abandoned property fund pursuant to
subdivision four of section one thousand three hundred  fifteen  of  the

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

abandoned property law. The proper disbursing officers or agents of such
funds  shall  notify the bank or banks on which such checks [or], drafts
OR DEBIT CARDS were drawn not to pay OR PERMIT  THE  ACTIVATION  OF  the
same.  The  comptroller  shall  keep  a  record of all such checks [or],
drafts OR DEBIT CARDS and upon presentation to him by the lawful  holder
of  any  such check [or], draft OR DEBIT CARD at any time, the amount of
which shall thus have been paid into the state treasury to the credit of
the general fund, the comptroller,  to  the  extent  appropriations  are
available,  shall issue a new check [or], draft OR ELECTRONIC PAYMENT to
the payee upon submission of proof satisfactory to the comptroller as to
the legitimacy of the claim  and,  if  insufficient  appropriations  are
available,  shall  include in his next request for appropriations by the
legislature the amount or amounts of any such  checks  [or],  drafts  OR
DEBIT  CARDS  so  presented  to  him, for the purpose of payment without
interest to the lawful holder or holders thereof.
  S 21. Subdivision (a) of section 1135 of the tax  law  is  amended  by
adding a new paragraph 3 to read as follows:
  (3)  (I) FOR THE PURPOSES OF THE PROPER ADMINISTRATION OF THIS ARTICLE
AND TO ENSURE THE COLLECTION AND PAYMENT OVER OF THE  TAXES  IMPOSED  BY
THIS  ARTICLE  AND  PURSUANT  TO THE AUTHORITY OF ARTICLE TWENTY-NINE OF
THIS CHAPTER, THE COMMISSIONER  IS  AUTHORIZED  TO  REQUIRE  ANY  PERSON
REQUIRED  TO  COLLECT  TAX WHO FAILS TO COLLECT, TRUTHFULLY ACCOUNT FOR,
PAY OVER TAX, OR FILE RETURNS OF THE TAX AS REQUIRED  BY  THIS  ARTICLE,
AND  WHOSE  TOTAL TAX DUE FOR THE FOUR MOST RECENT QUARTERLY PERIODS FOR
WHICH DATA IS AVAILABLE EXCEEDS THREE THOUSAND DOLLARS, TO USE A  SYSTEM
(CONSISTING  OF  EQUIPMENT,  SOFTWARE,  SERVICES  OR SOME COMBINATION OF
THESE) CERTIFIED BY THE  COMMISSIONER  THAT:  (A)  CAPTURES  INFORMATION
INCLUDING  THE  SUBJECT OF THE TRANSACTION, THE AMOUNT CHARGED, THE TIME
AND DATE OF THE TRANSACTION, AND THE AMOUNT OF SALES TAX  COLLECTED,  IF
ANY; (B) CALCULATES THE TAXES IMPOSED BY THIS ARTICLE OR PURSUANT TO THE
AUTHORITY OF ARTICLE TWENTY-NINE OF THIS CHAPTER ON EACH TRANSACTION FOR
WHICH  SUCH  PERSON  IS REQUIRED TO COLLECT AND PAY OVER TAX; (C) DETER-
MINES THE AMOUNT OF  SUCH  TAXES  REQUIRED  TO  BE  REMITTED  WITH  SUCH
PERSON'S  RETURN;  (D)  DOCUMENTS EACH EXEMPT TRANSACTION AND ASSOCIATES
ANY REQUIRED EXEMPTION  CERTIFICATE  OR  OTHER  DOCUMENTATION  WITH  THE
EXEMPT TRANSACTION; AND (E) MAINTAINS THE RECORDS REQUIRED FOR EACH SUCH
TRANSACTION IN ACCORDANCE WITH THIS SECTION AND ANY OTHER REQUIREMENT OF
THIS CHAPTER. SUCH PERSON SHALL BE REQUIRED TO PROCESS ALL OF ITS SALES,
RENTS OR OCCUPANCIES USING SUCH SYSTEM.
  (II)  A PERSON REQUIRED TO COLLECT TAX THAT USES A SYSTEM DESCRIBED IN
SUBPARAGRAPH (I) OF THIS PARAGRAPH THAT IS CERTIFIED BY THE COMMISSIONER
SHALL BE RELIEVED OF LIABILITY  FOR:  (A)  INCORRECTLY  CALCULATING  THE
AMOUNT OF TAX DUE ON ANY TRANSACTION OR THE AMOUNT REQUIRED TO BE REMIT-
TED WITH SUCH PERSON'S RETURN WITH RESPECT TO ANY SUCH TRANSACTION PROC-
ESSED  THROUGH SUCH SYSTEM THAT OCCURS AS A RESULT OF AN ERROR CAUSED BY
SUCH SYSTEM, PROVIDED SUCH PERSON COLLECTS THE AMOUNT OF TAX  CALCULATED
BY  THE SYSTEM FOR EACH SALE AND REMITS THE TAX THE SYSTEM DETERMINES IS
REQUIRED TO BE REMITTED WITH SUCH PERSON'S RETURN; AND (B)  THE  FAILURE
OF  SUCH  SYSTEM  TO  ACCURATELY  MAINTAIN  THE DOCUMENTATION OR RECORDS
REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  (III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, NOTH-
ING IN THIS PARAGRAPH OR ANY  OTHER  PROVISION  OF  THIS  CHAPTER  SHALL
AFFECT  THE  LIABILITY  OF  A PERSON REQUIRED TO COLLECT TAX FOR THE TAX
IMPOSED, COLLECTED OR REQUIRED TO BE COLLECTED  UNDER  THIS  ARTICLE  OR
PURSUANT TO THE AUTHORITY OF ARTICLE TWENTY-NINE OF THIS CHAPTER.

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

  S  22.  Paragraph 1 of subdivision (a) of section 1136 of the tax law,
as amended by chapter 2 of the laws of  1995,  is  amended  to  read  as
follows:
  (1)  Every  person  required  to  register  with  the  commissioner as
provided in section eleven hundred thirty-four OF THIS PART whose  taxa-
ble  receipts, amusement charges and rents total less than three hundred
thousand dollars, or in the case of any such person who is a distributor
whose sales of automotive fuel total  less  than  one  hundred  thousand
gallons,  in  every  quarter  of the preceding four quarters, shall only
file a return quarterly with the commissioner.  PROVIDED, HOWEVER,  THAT
IF  THE  COMMISSIONER  IN THE EXERCISE OF HIS OR HER DISCRETION DEEMS IT
NECESSARY TO PROTECT THE REVENUES TO BE OBTAINED UNDER THIS ARTICLE,  HE
OR  SHE  MAY  GIVE NOTICE REQUIRING SUCH PERSON, IN ADDITION TO FILING A
QUARTERLY RETURN, TO FILE EITHER SHORT-FORM OR LONG-FORM PART  QUARTERLY
RETURNS, AS SPECIFIED IN SUCH NOTICE.
  S  23. This act shall take effect immediately; provided, however, that
sections thirteen, fourteen, fifteen, sixteen and seventeen of this  act
shall  apply  to tax documents filed or required to be filed on or after
the sixtieth day after this act shall become a law.
  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 Z of this act shall  be
as specifically set forth in the last section of such Parts.

S2810B - Bill Details

See Assembly Version of this Bill:
A4010C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2810B - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2810B

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


effectiveness thereof (Part K);
to amend chapter 21 of the laws of 2003, amending the executive law
relating to permitting the secretary of state to provide special handling
for all documents filed or issued by the division of corporations and to
permit additional levels of such expedited service, in relation to the
effectiveness thereof (Part L);
Intentionally omitted
(Part M);
Intentionally omitted (Part N);
to amend
the executive law, the economic development law and the state
administrative procedure act, in relation to the removal of statutory
references to the governor's office of regulatory reform; and to repeal
subdivision 8 of section 202-b of the state administrative procedure
act, relating thereto (Part O);
to authorize and direct the New York state energy research and
development authority to make a payment to the general fund of up to
$913,000 (Part P);
to authorize the New York State Energy Research and Development
Authority to finance a portion of its research, development and
demonstration and policy and planning programs from assessments on gas
and electric corporations (Part Q);
to authorize the department of health to finance certain activities with
revenues generated from an assessment on cable television companies
(Part R);
to amend the environmental conservation law and chapter 67 of the laws
of 1992 amending the environmental conservation law relating to
pesticide product registration timetables and fees, in relation to
pesticide registration time frames and fees (Part S);
Intentionally omitted (Part T);
to amend the New York state urban development corporation act,
in relation
to the healthy food/communities initiative; to amend the agriculture and
markets law, in relation to authorizing the establishment of a revolving
loan fund; and to amend the agriculture and markets law, in relation to
state aid for farmers' markets (Part U);
Intentionally omitted (Part V);
to amend the state finance law, in relation to the transfer of tribal
compact revenue to the general fund and to the city of Niagara Falls
(Part W);
Intentionally omitted (Part X);
to amend the general business law, in relation to increasing the term of
licensure and registration from two to four years (Part Y);
to amend the real property tax law, the general municipal law, the
public officers law, the tax law and the
administrative code of the city of New York,
in relation to establishing
standards for electronic
real property tax administration, allowing the department of taxation
and finance to use electronic communication means to furnish tax notices
and other documents, and mandatory
electronic filing of tax documents
(Part Z);
to amend the transportation law, in relation to airport improvement and
revitalization (Part AA);
to amend the transportation law, in relation to requiring sign
properties, in cities having a population of one million or more, to be


licensed by the department of transportation (Part BB);
to amend the environmental conservation law, in relation to the amount
of sulfur content that may be in heating oil and the effective date for
sulfur reductions (Part CC);
to amend the environmental conservation law,
in relation to bottle collection and recycling (Part DD);
directing the
power authority of the state of New York
to release requests for proposals
on certain natural gas powered generating facilities in and around New
York city (Part EE);
to amend the environmental conservation law, in
relation to establishing
a registration system for saltwater recreational fishing; and to repeal
part LL of chapter 59 of the laws of 2009 amending the environmental
conservation law, relating to recreational marine fishing licenses,
relating thereto (Part FF);
to amend the environmental conservation law, in relation to the use of
ultra low sulfur diesel fuel and best available technology by the state
(Part GG);
to amend the public authorities law, in relation to directing the
metropolitan transportation authority
to contract for the provision of an
independent forensic audit of such authority; and providing for the
repeal of such provisions upon the expiration thereof (Part HH); and
to amend the public service law, in relation to authority of the public
service commission over services of a telephone corporation or cable
television company (Part II)

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

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

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

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


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

Part F - Conform the Vehicle and Traffic Law to Federal requirements,
governing operators of commercial motor vehicles and medical
certification requirements.
The Senate concurs with the Executive's proposal to conform New York
law to Federal requirements governing commercial motor vehicle
operators and medical certification requirements pertaining to such
operators.

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

Part H - Modify the Linked Deposit Program to increase the lifetime
maximum per eligible business from $1 million to $2 million.
The Senate concurs with the Executive's proposal to expand the state
linked deposit program to increase both the lifetime and individual
loan cap amount from $1 million to $2 million. The Assembly also
accepted the Executive's proposal.

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

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

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

Part L - Permanently establish the authority of the Secretary of State
to charge increased fees for expedited handling of documents.
The Senate concurs in the Executive's proposal as allowing expedited
service for filing is a benefit to many users of the Secretary of
State's services.

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


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

Part 0 - Eliminate statutory references to the Governor's Office of
Regulatory Reform.
The Senate amends the Executive's proposal to eliminate statutory
references to the Governor's Office of Regulatory Reform by allowing
the deletion of references, but precludes the ability to transfer
open positions from the Governor's Office of Regulatory Reform to the
Division of Budget.

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

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

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

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

Part T - Authorize the Commissioner of Agriculture and Markets to
establish a competitive grants program to fund agricultural research,
marketing and education initiatives.
The Senate denies the Executive's proposal to authorize the
Commissioner of Agriculture and Markets to establish a competitive
grants program for agricultural research, marketing and education
initiatives.


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

Part V - Repeal Article 4-A of the Navigation Law regarding
reimbursements paid to certain governmental entities.
The Senate denies the Executive proposal to eliminate reimbursements
paid to local governments that voluntarily implement various boating
enforcement and safety programs under Article 4-A of the Navigation
Law.

Part W - Facilitate an efficient transfer of Tribal State Compact
Revenue to the General Fund and make a technical correction to the
distribution of the local share of such revenues associated with the
Niagara Falls Casino.
The Senate concurs in the Executive's proposal to alter the local
distribution of casino revenues.

Part X - Establish a surcharge on purses at harness and thoroughbred
racetracks.
The Senate denies the Executive proposal to establish a surcharge on
purses on New York races.

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

Part Z - Authorize the Tax Modernization Project.
The Senate amends the Executive's proposal regarding Electronic Real
Property Tax Administration by allowing local governments the
discretion to opt into the program and requiring the commissioner of
taxation and finance to seek approval from the legislature for the
new parcel based e-government data system after submitting estimated
expenditures associated with the implementation and administration of
such a system.

* The Senate denies the Executive's proposal to mandate individuals to
e-file personal income tax returns if the individuals prepare their
taxes using tax preparation software.
* The Senate amends the Executive's proposal regarding tax preparer
e-file requirements to align with Federal law requiring tax preparers
to e-file when they prepare more than ten tax filings. The Senate
denies the Executive's proposal to increase fees on tax preparers for
violations of e-file requirements.
* The Senate accepts the Executive's proposal to permit the Department
of Taxation and Finance to use secure electronic means to deliver
documents to account holders who agree to receive electronic
communications.
* The Senate denies the Executive's proposal would allow the
Department of Taxation and Finance to require the use of a certified
sales tax transaction system for any sales tax vendor, who files


quarterly or monthly, that files their taxes incorrectly or does not
pay their full liability.
* The Senate denies the Executive's proposal concerning abandoned
property amendments for tax refund debit cards.

Part AA - Authorizes transfer of funds for airport improvement and
revitalization.
The Senate advances legislation to allow municipal and
private airports to receive, with the Division of the Budget's
approval, up to $4 million in unused, existing aviation funding. This
authority has been included in previous enacted budgets.

Part BB - Requires the licensure by the department of transportation
of sign properties in cities of one million or more.
The Senate
advances legislation to require that outdoor advertising in New York
City be licensed by the New York State Department of Transportation.
This would provide the State with $15 million in additional General
Fund revenues.

Part CC - Extends the date for reducing the amount of sulfur in
heating oil.
The Senate advances legislation to extend the timeframe
established by Chapter 203 of the Laws of 2010 for requiring that all
number two heating oil sold for use in residential, commercial, or
industrial heating within the State shall have a sulfur content no
greater than fifteen parts per million from July 1, 2012 to July
1, 2014.

Part DD - Alters state law with respect to bottle collection and
recycling.
The Senate advances legislation to mend the New York State
Returnable Container Act (Bottle Bill) to clarify and streamline the
responsibilities of deposit initiators, redemption centers and
dealers (retailers) in order to increase the accuracy of container
counts, and to make the operation of the bottle and can redemption
system less labor intensive and more cost effective; and replaces the
current "refund value account" and corresponding reporting mandates
with a less onerous system of accounting for both the Department of
Taxation and Finance and bottle initiators.

Part EE - Directs the power authority to release an RFP for certain
natural gas powered generating facilities in and around New York city.
The Senate advances legislation to direct the New York Power
Authority to issue a request for proposals to purchase from the
Authority one or more of its ten gas turbine electric generating
facilities with a nameplate capacity of less than 80 MW located in
and around the City of New York. By March 31, 2012, the Authority
would report to ,the Governor and the Legislature on the range of
solicited bids and the estimated amount of revenue that could be
collected from the sale of these facilities, however the Authority
would not be authorized to effectuate such sale until authorized by
law.

Part FF - Establishes a registration system for saltwater recreational
fishing and repeal licensing fees Marine Fishing License Repealer.


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

Part GG - Alters the requirements with respect to Ultra Low Sulfur
Diesel engines.
The Senate advances legislation to Extends the time
period of compliance for retrofitting heavy-duty diesel vehicles
owned by State agencies or public authorities, as well as
contractors, subcontractors and material suppliers who work on public
job sites, with best available retrofit technology pursuant to the
Diesel Emissions Reduction Act (DERA) of 2006 from December 31, 2010
to December 31, 2014.

Part HH - Directs the MTA to contract for an independent forensic
audit.
The Senate advances legislation to require the Metropolitan
Transit Authority to hire a certified public accounting firm within
60 days to conduct a forensic audit of the authority.

Part II - Clarifies the authority of the public service commission
with respect to voice over internet protocol.
The Senate advances
legislation to clarify that the Public Service Commission has
jurisdiction over telecommunications services, but the Commission
shall have no authority over any service, class of services or
technology offered or used by a telephone corporation or a cable
television company, such as Voice over Internet Protocol (VoIP) or
Internet Protocol (IP) - enabled services, that the Commission did
not actively regulate as of January 1, 2011; and provides that the
Commission shall not prohibit, require or otherwise direct any
entity's choice of technology for any purpose.

JUSTIFICATION:
This law enacts major components of legislation
necessary to implement the transportation, economic development and
environmental conservation budget for the 2011-2012 state fiscal plan.

EFFECTIVE DATE:
As laid out in the specific component parts.

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

                                 2810--B

                            I N  S E N A T E

                            February 1, 2011
                               ___________

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

AN ACT to authorize funding for the Consolidated Local Street and  High-
  way  Improvement  Program  (CHIPS)  and  Marchiselli program for state
  fiscal year 2011-2012 and to amend chapter 329 of the  laws  of  1991,
  amending  the  state finance law and other laws relating to the estab-
  lishment of the dedicated highway and bridge trust fund; and providing
  for the repeal of certain provisions upon expiration thereof (Part A);
  to amend chapter 279 of the laws of 1998 amending  the  transportation
  law  relating to enabling the commissioner of transportation to estab-
  lish a  single  audit  pilot  program,  in  relation  to  making  such
  provisions  permanent  (Part  B);  to amend chapter 312 of the laws of
  1994, amending the vehicle and traffic law relating to suspensions  of
  licenses  pending  prosecution of certain alcohol-related charges, and
  authorizations for probationary and conditional drivers' licenses,  in
  relation  to  the effectiveness thereof (Part C); to amend chapter 533
  of the laws of 1993, amending the vehicle  and  traffic  law  and  the
  correction  law  relating  to  suspension  and  revocation of driver's
  licenses upon conviction of certain drug-related offenses, in relation
  to the effectiveness thereof (Part D); to amend  chapter  569  of  the
  laws  of  1981, amending the vehicle and traffic law relating to motor
  vehicle liability insurance, financial  security,  criminal  acts  and
  penalties  for non-compliance, in relation to making provisions perma-
  nent; and to amend chapter 781 of the laws of 1983, amending the vehi-
  cle and traffic law and other laws relating to motor vehicle liability
  insurance, financial security, criminal acts and certain penalties for
  non-compliance, in relation to making provisions permanent  (Part  E);
  to  amend  the vehicle and traffic law and the criminal procedure law,
  in relation to governing operators of commercial  motor  vehicles  and
  federal  requirements  for  medical  certification  pertaining to such
  operators (Part F); to amend chapter 393 of the laws of 1994  amending
  the  New York state urban development corporation act, relating to the
  powers of the New York state urban  development  corporation  to  make

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12573-04-1

S. 2810--B                          2

  loans, in relation to the effectiveness thereof (Part G); to amend the
  state  finance  law,  in  relation to the excelsior linked deposit act
  (Part H); to amend part U of chapter 57 of the laws of  2005  amending
  the  labor  law  and other laws implementing the state fiscal plan for
  the 2005-2006 state fiscal year, relating to  New  York  state  higher
  education matching grant program for independent colleges, in relation
  to the effectiveness thereof (Part I); to amend the public authorities
  law,  in  relation to the state governmental cost recovery system; and
  to repeal section 2975-a of such law relating  thereto  (Part  J);  to
  amend  the  executive law, in relation to the community services block
  grant program; and to amend chapter 728 of the laws of 1982 and  chap-
  ter  710  of  the laws of 1983, amending the executive law relating to
  community services block grant programs, in relation to the effective-
  ness thereof (Part K); to amend chapter 21 of the laws of 2003, amend-
  ing 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 L);
  Intentionally omitted (Part M); Intentionally  omitted  (Part  N);  to
  amend  the  executive  law, the economic development law and the state
  administrative procedure act, in relation to the removal of  statutory
  references  to  the  governor's  office  of  regulatory reform; and to
  repeal subdivision 8 of section  202-b  of  the  state  administrative
  procedure  act, relating thereto (Part O); to authorize and direct the
  New York state energy research and development  authority  to  make  a
  payment  to  the general fund of up to $913,000 (Part P); to authorize
  the New York  State  Energy  Research  and  Development  Authority  to
  finance  a  portion of its research, development and demonstration and
  policy and planning programs from  assessments  on  gas  and  electric
  corporations  (Part  Q);  to  authorize  the  department  of health to
  finance certain activities with revenues generated from an  assessment
  on  cable  television  companies  (Part R); to amend the environmental
  conservation law and chapter 67 of the laws of 1992 amending the envi-
  ronmental conservation law relating to pesticide product  registration
  timetables and fees, in relation to pesticide registration time frames
  and  fees  (Part  S); Intentionally omitted (Part T); to amend the New
  York state urban development corporation act, in relation to the heal-
  thy food/communities initiative; to amend the agriculture and  markets
  law,  in relation to authorizing the establishment of a revolving loan
  fund; and to amend the agriculture and markets  law,  in  relation  to
  state  aid  for farmers' markets (Part U); Intentionally omitted (Part
  V); to amend the state finance law, in relation  to  the  transfer  of
  tribal  compact revenue to the general fund and to the city of Niagara
  Falls (Part W); Intentionally omitted (Part X); to amend  the  general
  business  law,  in  relation  to  increasing the term of licensure and
  registration from two to four years (Part Y); to amend the real  prop-
  erty  tax law, the general municipal law, the public officers law, the
  tax law and the administrative code  of  the  city  of  New  York,  in
  relation  to  establishing  standards for electronic real property tax
  administration, allowing the department of taxation and finance to use
  electronic communication means to furnish tax notices and other  docu-
  ments,  and  mandatory electronic filing of tax documents (Part Z); to
  amend the transportation law, in relation to airport  improvement  and
  revitalization (Part AA); to amend the transportation law, in relation
  to  requiring  sign  properties,  in cities having a population of one
  million or more, to be licensed by the  department  of  transportation

S. 2810--B                          3

  (Part BB); to amend the environmental conservation law, in relation to
  the amount of sulfur content that may be in heating oil and the effec-
  tive  date for sulfur reductions (Part CC); to amend the environmental
  conservation law, in relation to bottle collection and recycling (Part
  DD); directing the power authority of the state of New York to release
  requests  for  proposals  on  certain  natural  gas powered generating
  facilities in and around New York city (Part EE); to amend  the  envi-
  ronmental conservation law, in relation to establishing a registration
  system  for  saltwater  recreational fishing; and to repeal part LL of
  chapter 59 of the laws of 2009 amending the environmental conservation
  law, relating to recreational marine fishing licenses, relating there-
  to (Part FF); to amend the environmental conservation law, in relation
  to the use of ultra low sulfur diesel fuel and best available technol-
  ogy by the state (Part GG); to amend the public  authorities  law,  in
  relation  to  directing  the  metropolitan transportation authority to
  contract for the provision of an independent forensic  audit  of  such
  authority;  and  providing  for the repeal of such provisions upon the
  expiration thereof (Part HH); and to amend the public service law,  in
  relation  to  authority of the public service commission over services
  of a telephone corporation or cable television company (Part II)

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

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

                                 PART A

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

S. 2810--B                          4

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

S. 2810--B                          5

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

S. 2810--B                          6

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

S. 2810--B                          7

ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31,  2012.    Such  certif-
ication  shall include any such information as may be necessary to main-
tain the federal tax exempt status of bonds, notes or other  obligations
issued  by  the New York state thruway authority pursuant to section 380
of the public authorities law. The commissioner shall in writing request
the municipalities to furnish such information as may  be  necessary  to
comply with this section.
  S  7.  This act shall take effect immediately; provided, however, that
sections two, three, four, five and six of this act shall expire and  be
deemed repealed on April 1, 2012.

                                 PART B

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

                                 PART C

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

                                 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-

S. 2810--B                          8

lated  offenses,  as amended by section 1 of part D of chapter 59 of the
laws of 2009, is amended to read as follows:
  S  9. This act shall take effect September 30, 1993 and shall apply to
convictions based on offenses which occurred on or after such date  [and
shall  remain  in  full force and effect until October 1, 2011 when upon
such date the provisions of this act shall be deemed  repealed  and  the
provisions  of law amended by this act shall revert to and be read as if
the provisions of this act had not been enacted].
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART E

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

                                 PART F

  Section 1. Item 1 of clause (A) of subparagraph ii of paragraph (i) of
subdivision 1 of section 201 of the vehicle and traffic law, as  amended
by  section 2 of part E of chapter 60 of the laws of 2005, is amended to
read as follows:
  (1) fifty-five years where the conviction and suspension or revocation
order relates to a conviction, suspension or revocation by the holder OF
ANY DRIVER'S LICENSE WHEN  OPERATING  A  COMMERCIAL  MOTOR  VEHICLE,  AS
DEFINED  IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED ONE-A OF THIS CHAP-
TER, OR BY THE HOLDER of a commercial driver's license who, when operat-
ing any motor vehicle, has refused to submit to a chemical test pursuant
to section eleven hundred ninety-four  of  this  chapter,  or  has  been

S. 2810--B                          9

convicted  of  any  of  the following offenses while operating any motor
vehicle: any violation of subdivision two,  three  or  four  of  section
eleven  hundred ninety-two of this chapter, any violation of subdivision
one  or two of section six hundred of this chapter, any felony involving
the use of a motor vehicle, other than the use of a motor vehicle in the
commission of a felony involving manufacturing, distributing, dispensing
a controlled substance; or  the  conviction,  suspension  or  revocation
involves  any  of  the  following  offenses while operating a commercial
motor vehicle: any violation of subdivision five or six of section elev-
en hundred ninety-two of this chapter, driving a commercial motor  vehi-
cle  when  as  a  result of prior violations committed while operating a
commercial motor vehicle, the driver's commercial  driver's  license  is
suspended  or  revoked,  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  and  criminally
negligent  homicide  as  set forth in article one hundred twenty-five of
the penal law;
  S 2. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
amended  by  chapter  639  of  the  laws  of 2006, is amended to read as
follows:
  1. Application for license.  Application for a driver's license  shall
be made to the commissioner.  The fee prescribed by law may be submitted
with such application. The applicant shall furnish such proof of identi-
ty, age, and fitness as may be required by the commissioner. The commis-
sioner may also provide that the application procedure shall include the
taking  of  a  photo image or images of the applicant in accordance with
rules and regulations prescribed by the commissioner. In  addition,  the
commissioner  also  shall  require that the applicant provide his or her
social security number and provide space on the application so that  the
applicant  may  register  in  the  New York state organ and tissue donor
registry under section forty-three hundred ten of the public health law.
In addition, an applicant for a commercial  driver's  license  who  will
operate  a commercial motor vehicle in interstate commerce shall certify
that such applicant meets the requirements to operate a commercial motor
vehicle, as set forth in public law 99-570, title XII, and title  49  of
the  code of federal regulations, and all regulations promulgated by the
United States secretary of transportation under the hazardous  materials
transportation  act. IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S
LICENSE SHALL SUBMIT MEDICAL CERTIFICATION AT SUCH INTERVALS AS REQUIRED
BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF  1999  AND  REGU-
LATIONS  ADOPTED  PURSUANT THERETO RELATING TO MEDICAL CERTIFICATION AND
IN A MANNER PRESCRIBED BY THE COMMISSIONER. Upon  a  determination  that
the  holder  of  a commercial driver's license has made any false state-
ment, with respect to the application for such license, the commissioner
shall revoke such license.
  S 3. Paragraph (b) of subdivision 1 of section 503 of the vehicle  and
traffic  law,  as amended by chapter 435 of the laws of 1997, is amended
to read as follows:
  (b) An application for a license shall be valid for a period  of  time
specified  by regulation of the commissioner not to exceed five years. A
learner's permit shall be valid from its issuance until  the  expiration
of  the  application  for  a  driver's  license for which it was issued.
PROVIDED, HOWEVER,  THAT  IF  THE  MEDICAL  CERTIFICATION  SUBMITTED  IN
ACCORDANCE  WITH  THE  REQUIREMENTS  OF THE FEDERAL MOTOR CARRIER SAFETY
IMPROVEMENT ACT OF 1999 AND REGULATIONS ADOPTED PURSUANT THERETO  RELAT-
ING  TO  MEDICAL CERTIFICATION BY AN APPLICANT FOR A COMMERCIAL DRIVER'S

S. 2810--B                         10

LICENSE EXPIRES, ANY LEARNER'S PERMIT THAT MAY HAVE BEEN ISSUED  BY  THE
COMMISSIONER IN CONNECTION WITH THE APPLICATION SHALL BE SUSPENDED.
  S 4. Subdivision 1 of section 510-a of the vehicle and traffic law, as
amended  by  section  13 of part E of chapter 60 of the laws of 2005, is
amended to read as follows:
  1.  Revocation. A commercial driver's license shall be revoked by  the
commissioner  whenever the holder is convicted within or outside of this
state (a) of a felony involving the use of  a  motor  vehicle  except  a
felony as described in paragraph (b) of this subdivision; (b) of a felo-
ny involving manufacturing, distributing or dispensing a drug as defined
in  section  one hundred fourteen-a of this chapter or possession of any
such drug with intent to manufacture, distribute or dispense  such  drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or  two  of  section  six  hundred  of  this chapter; (d) 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;  (e)  [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; OR (F) THE
COMMISSIONER DETERMINES  THAT  THE  HOLDER  FALSIFIED  INFORMATION:  (I)
REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND
REGULATIONS  ADOPTED  PURSUANT  THERETO  RELATING TO COMMERCIAL DRIVER'S
LICENSE DOCUMENT IN AN APPLICATION FOR A  COMMERCIAL  DRIVER'S  LICENSE;
(II)  REQUIRED  BY  THE  FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF
1999 AND  REGULATIONS  ADOPTED  PURSUANT  THERETO  RELATING  TO  INITIAL
COMMERCIAL  DRIVER'S  LICENSE  OR  EXISTING  COMMERCIAL DRIVER'S LICENSE
HOLDER'S SELF-CERTIFICATION IN ANY OF THE SELF-CERTIFICATIONS  REGARDING
THE TYPE OF DRIVING ENGAGED OR TO BE ENGAGED IN BY THE HOLDER OR REGARD-
ING  THE NON-APPLICABILITY OF THE PHYSICAL QUALIFICATION REQUIREMENTS OF
THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND REGULATIONS
ADOPTED PURSUANT THERETO RELATING TO QUALIFICATIONS OF  DRIVERS  TO  THE
HOLDER;  OR  (III) REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVE-
MENT ACT OF 1999 AND REGULATIONS ADOPTED PURSUANT  THERETO  RELATING  TO
COMMERCIAL DRIVER'S LICENSE REQUIREMENTS IN ANY MEDICAL CERTIFICATION.
  FOR  PURPOSES  OF  PARAGRAPH  (F) OF THIS SUBDIVISION THE TERM FALSIFY
SHALL INCLUDE ADDING OR INSERTING FALSE INFORMATION ON A WRITTEN INSTRU-
MENT, FALSELY MAKING, COMPLETING, OR ALTERING A WRITTEN INSTRUMENT,  AND
CAUSING  A  FALSE  WRITTEN INSTRUMENT OR A WRITTEN INSTRUMENT CONTAINING
FALSE INFORMATION TO BE MADE.
  S 5. Paragraph (a) of subdivision 2 of section 510-a  of  the  vehicle
and  traffic law, as amended by section 6 of part K of chapter 59 of the
laws of 2009, is 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) OR (F) 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 FOR REVOCATIONS PURSUANT TO PARAGRAPH (A), (C), (D)  OR  (E)
OF  SUBDIVISION  ONE OF THIS SECTION, 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

S. 2810--B                         11

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.
  S 6. Subdivision 3 of section 510-a of the vehicle and traffic law  is
amended by adding a new paragraph (f) to read as follows:
  (F)  A  COMMERCIAL  DRIVER'S LICENSE SHALL BE SUSPENDED BY THE COMMIS-
SIONER UPON THE HOLDER'S FAILURE  TO  SUBMIT  MEDICAL  CERTIFICATION  OR
MEDICAL VARIANCE DOCUMENTATION, AT SUCH INTERVALS AS ARE REQUIRED BY THE
FEDERAL  MOTOR  CARRIER  SAFETY  IMPROVEMENT ACT OF 1999 AND REGULATIONS
ADOPTED  PURSUANT  THERETO  RELATING  TO  COMMERCIAL  DRIVER'S   LICENSE
REQUIREMENTS  AND  IN A MANNER PRESCRIBED BY THE COMMISSIONER. A COMMER-
CIAL DRIVER'S LICENSE SHALL ALSO BE SUSPENDED BY THE  COMMISSIONER  UPON
RECEIPT  OF INFORMATION FROM THE ISSUING MEDICAL EXAMINER OR THE FEDERAL
MOTOR CARRIER SAFETY ADMINISTRATION  THAT  A  MEDICAL  CERTIFICATION  OR
MEDICAL  VARIANCE  WAS  ISSUED IN ERROR. SUCH SUSPENSION SHALL BE TERMI-
NATED UPON: (I) THE HOLDER'S SUBMISSION OF THE  REQUIRED  VALID  MEDICAL
EXAMINER'S CERTIFICATE OR MEDICAL VARIANCE DOCUMENTATION; (II) THE HOLD-
ER'S  SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR VEHICLE
OPERATION HE OR SHE ENGAGES IN, OR EXPECTS TO ENGAGE IN,  AND  THAT  THE
HOLDER  IS NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE
FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT  OF  1999  AND  REGULATIONS
ADOPTED  PURSUANT THERETO RELATING TO DISQUALIFICATION OF DRIVERS; (III)
THE HOLDER'S SURRENDER OF HIS OR HER COMMERCIAL DRIVER'S LICENSE TO  THE
DEPARTMENT  OR  TO THE APPROPRIATE LICENSING AUTHORITY OF ANOTHER JURIS-
DICTION; OR (IV) THE HOLDER'S DOWNGRADE OF HIS OR HER  COMMERCIAL  DRIV-
ER'S LICENSE TO A NON-COMMERCIAL DRIVER'S LICENSE.
  S  7.  Subdivision  1 of section 514 of the vehicle and traffic law is
amended by adding a new paragraph (d) to read as follows:
  (D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A), (B) AND  (C)  OF
THIS  SUBDIVISION,  UPON A JUDGMENT OF CONVICTION FOR A VIOLATION OF ANY
PROVISIONS OF THIS CHAPTER OR OF ANY LOCAL LAW, RULE, ORDINANCE OR REGU-
LATION RELATING TO TRAFFIC, THE COURT OR THE CLERK THEREOF SHALL, WITHIN
NINETY-SIX HOURS OF THE IMPOSITION OF THE SENTENCE, FILE THE CERTIFICATE
REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION, IF THE PERSON  CONVICTED:
(I)  IS  THE  HOLDER  OF A COMMERCIAL DRIVER'S LICENSE ISSUED BY ANOTHER
STATE; OR (II) DOES NOT HOLD A COMMERCIAL DRIVER'S LICENSE, BUT HAS BEEN
ISSUED A LICENSE BY ANOTHER STATE AND IS CONVICTED OF A  VIOLATION  THAT
WAS  COMMITTED  IN A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION
FOUR OF SECTION FIVE HUNDRED ONE-A OF THIS TITLE.
  S 8. Section 170.55 of the criminal procedure law is amended by adding
a new subdivision 9 to read as follows:
  9. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  A  COURT  MAY
NOT ISSUE AN ORDER ADJOURNING AN ACTION IN CONTEMPLATION OF DISMISSAL IF
THE OFFENSE IS FOR A VIOLATION OF THE VEHICLE AND TRAFFIC LAW RELATED TO
THE OPERATION OF A MOTOR VEHICLE, OR A VIOLATION OF A LOCAL LAW, RULE OR
ORDINANCE  RELATED TO THE  OPERATION OF A MOTOR VEHICLE, IF SUCH OFFENSE
WAS COMMITTED BY THE HOLDER OF A  COMMERCIAL  DRIVER'S  LICENSE  OR  WAS
COMMITTED  IN A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION FOUR
OF SECTION FIVE HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW.

S. 2810--B                         12

  S 9. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law; provided, however, that sections two, three, four,
five and six of this act shall take effect January 30,  2012,  provided,
however, that the addition, amendment and/or repeal of any rule or regu-
lation  necessary  for  the  implementation of this act on its effective
date are authorized and directed to be made and completed on  or  before
such effective date.

                                 PART G

  Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act relating to the  powers
of  the  New  York state urban development corporation to make loans, as
amended by section 1 of part P of chapter 59 of the  laws  of  2010,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2011]  2012,  at  which
time the provisions of subdivision 26 of section 5 of the New York state
urban  development  corporation  act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such  subdivision
as provided for herein shall be deemed to affect or impair in any manner
any  loan  made  pursuant  to the authority of such subdivision prior to
such expiration and repeal.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART H

  Section 1. Section 217 of the state finance law, as amended by chapter
291 of the laws of 2004, is amended to read as follows:
  S 217. Linked loans. Linked loans shall be made by lenders pursuant to
the  program  only  to  eligible  businesses in connection with eligible
projects. A linked loan shall be limited to a maximum  amount  of  [one]
TWO  million  dollars.  An  eligible  business may receive more than one
linked loan. During the life of  the  linked  loan  program,  the  total
amount  of  money  that a business can borrow from the linked program is
[one] TWO million dollars. The credit decision for making a linked  loan
shall  be  made  solely by the lender. Notwithstanding the length of the
term of a linked loan, the linked deposit relating to  the  linked  loan
shall be for a period of not more than four years.
  S  2.  The state finance law is amended by adding a new section 220 to
read as follows:
  S 220. RENEWAL OF LINKED DEPOSIT. A LENDER MAY, ON BEHALF OF A BORROW-
ER, APPLY TO THE COMMISSIONER  OF  ECONOMIC  DEVELOPMENT  TO  REQUEST  A
RENEWAL  OF  THE  LINKED  DEPOSIT  FOR AN ADDITIONAL FOUR YEAR PERIOD TO
CORRESPOND WITH A SECOND FOUR YEAR PERIOD OF A BORROWER'S  LINKED  LOAN.
THE  COMMISSIONER  MAY GRANT SUCH APPLICATION IF THE COMMISSIONER DETER-
MINES THAT THE BORROWER, DURING THE  SECOND  FOUR  YEAR  PERIOD  OF  THE
LINKED LOAN, WILL CREATE ADDITIONAL INDUSTRIAL MODERNIZATION BENEFITS OR
ADDITIONAL EXPORT TRADE BENEFITS OR ADDITIONAL JOBS. IF THE COMMISSIONER
OF  ECONOMIC DEVELOPMENT GRANTS SUCH APPLICATION, THE COMMISSIONER SHALL
NOTIFY THE AUTHORIZED DEPOSITOR WHO MADE THE  LINKED  DEPOSIT  THAT  THE
COMMISSIONER  HAS DETERMINED THAT THE APPLICATION SATISFIES THE REQUIRE-
MENTS OF THIS ARTICLE AND SHALL  REQUEST  THE  AUTHORIZED  DEPOSITOR  TO
CONTINUE  THE LINKED DEPOSIT WITH THE LENDER FOR AN ADDITIONAL FOUR YEAR
PERIOD IN ACCORDANCE WITH SECTION NINETY-EIGHT-A  OF  THIS  CHAPTER  AND

S. 2810--B                         13

WITH  THE  AUTHORIZED  DEPOSITOR'S  ESTABLISHED  PROCEDURES. SUCH LINKED
DEPOSIT SHALL CONTINUE TO BE SECURED IN ACCORDANCE WITH  THE  PROVISIONS
OF  SECTION ONE HUNDRED FIVE OF THIS CHAPTER. THE FIXED INTEREST RATE ON
THE  CONTINUED  LINKED DEPOSIT SHALL BE THE LINKED DEPOSIT INTEREST RATE
IN EFFECT ON THE FIRST DAY OF THE CONTINUATION OF  THE  LINKED  DEPOSIT.
THE  AUTHORIZED  DEPOSITOR  AND  THE  LENDER  SHALL ENTER INTO A WRITTEN
DEPOSIT AGREEMENT GOVERNING THE CONTINUATION OF THE LINKED DEPOSIT.  THE
INTEREST RATE PAYABLE ON THE LINKED LOAN FOR THE SECOND FOUR YEAR PERIOD
SHALL BE, IN THE CASE OF A CERTIFIED BUSINESS IN AN ECONOMIC DEVELOPMENT
ZONE  OR AN ELIGIBLE BUSINESS LOCATED IN AN ECONOMICALLY DISTRESSED AREA
OR FEDERAL EMPOWERMENT ZONE OR ENTERPRISE  OR  RENEWAL  COMMUNITY  OR  A
MINORITY  OR  WOMEN-OWNED  BUSINESS  ENTERPRISE, THREE PERCENTAGE POINTS
BELOW THE INTEREST RATE THE LENDER WOULD HAVE CHARGED FOR  THE  LOAN  IN
EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT; OR IN
THE  CASE  OF  A BUSINESS NOT LOCATED IN AN ECONOMIC DEVELOPMENT ZONE OR
ECONOMICALLY DISTRESSED AREA OR FEDERAL EMPOWERMENT ZONE  OR  ENTERPRISE
OR  RENEWAL COMMUNITY OR WHICH IS NOT A MINORITY OR WOMEN-OWNED BUSINESS
ENTERPRISE, TWO PERCENTAGE POINTS BELOW THE  INTEREST  RATE  THE  LENDER
WOULD  HAVE  CHARGED  FOR THE LOAN IN THE ABSENCE OF A LINKED DEPOSIT IN
EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT.
  S 3. This act shall take effect immediately.

                                 PART I

  Section 1. Paragraph (a) of subdivision 1 of section 1 of  part  U  of
chapter  57  of  the  laws of 2005 amending the labor law and other laws
implementing the state fiscal plan for the 2005-2006 state fiscal  year,
relating  to  the New York state higher education capital matching grant
program for independent colleges, as amended by part M of chapter 59  of
the laws of 2010, is amended to read as follows:
  (a)  The  New York state higher education capital matching grant board
is hereby created to have and exercise the powers, duties  and  preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York  state  higher  education  capital  matching grant program from the
effective date of this section through March 31,  [2011]  2012,  or  the
date  on  which  the  last  of the funds available for grants under this
section shall have  been  disbursed,  whichever  is  earlier;  provided,
however,  that  the  termination of the existence of the board shall not
[effect] AFFECT the power and authority of the  dormitory  authority  to
perform  its  obligations  with  respect  to  any bonds, notes, or other
indebtedness issued or incurred pursuant to authority  granted  in  this
section.
  S 2. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law  and other laws implementing the state fiscal plan for the 2005-2006
state fiscal year, relating to New York state higher education  matching
grant  program for independent colleges, as amended by section 3 of part
M of chapter 59 of the laws of 2010, is amended to read as follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary, and subject to the provisions of chapter 59  of  the  laws  of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er  education  capital  matching  grants,  the director of the budget is
authorized in any state fiscal year commencing  April  1,  2005  or  any
state  fiscal  year  thereafter  for a period ending on March 31, [2011]

S. 2810--B                         14

2012, to enter into one or more service contracts, none of  which  shall
exceed  30  years  in  duration, with the dormitory authority, upon such
terms as the director of the budget and the dormitory authority agree.
  S  3. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005 amending the labor law and other laws  implement-
ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
to New York state higher education matching grant program for  independ-
ent  colleges,  as  amended  by section 4 of part M of chapter 59 of the
laws of 2010, is amended to read as follows:
  (b) Any eligible institution receiving a grant pursuant to this  arti-
cle shall report to the dormitory authority no later than June 1, [2011]
2012,  on  the use of funding received and its programmatic and economic
impact. The dormitory authority shall submit  a  report  no  later  than
November  1, [2011] 2012 to the board, the governor, the director of the
budget, the temporary president of the senate, and the  speaker  of  the
assembly  on the aggregate impact of the higher education capital match-
ing grant program. Such report shall provide information on the progress
and economic impact of such project.
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART J

  Section  1.  Paragraph  (b)  of  subdivision  2 of section 2975 of the
public authorities law, as amended by section 1 of part O of chapter  59
of the laws of 2008, is amended to read as follows:
  (b)  On  or before November first, two thousand three and on or before
November first of each year thereafter, the director of the budget shall
determine the amount owed under this  section  by  each  public  benefit
corporation.  The  director  of the budget may reduce, in whole or part,
the amount of such assessment if the payment thereof would necessitate a
state appropriation for  the  purpose,  or  would  otherwise  impose  an
extraordinary hardship upon the affected public benefit corporation. The
aggregate  amount  assessed under this section in any given state fiscal
year may not exceed [fifty-five million dollars] SIXTY MILLION DOLLARS.
  S 2.  Section 2975-a of the public authorities law is REPEALED.
  S 3. Notwithstanding any other provision of law, liabilities  incurred
on  or  before  March  31, 2011 pursuant to section 2975-a of the public
authorities law as repealed by section two of this act,  shall  continue
as  legal  liabilities of industrial development agencies or authorities
created pursuant to title one  of  article  eighteen-A  of  the  general
municipal law or any other provision of law.
  S 4. This act shall take effect immediately.

                                 PART K

  Section 1. Section 159-i of the executive law, as amended by section 1
of  part  Y  of  chapter  59  of the laws of 2010, is amended to read as
follows:
  S 159-i. Distribution of funds. [For federal fiscal year two  thousand
eleven at] AT least ninety percent of the community services block grant
funds  received by the state shall be distributed pursuant to a contract
by the secretary to eligible entities as defined in subdivision  one  of
section  one  hundred  fifty-nine-e  of this article. Each such eligible
entity shall receive the same proportion  of  community  services  block
grant  funds  as was the proportion of funds received in the immediately

S. 2810--B                         15

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

                                 PART L

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

S. 2810--B                         16

                                 PART M

  Intentionally omitted.

                                 PART N

  Intentionally omitted.

                                 PART O

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

S. 2810--B                         17

  S 5. Subdivision 8 of section 202-b of the state administrative proce-
dure act is REPEALED.
  S  6.  Paragraph  (d)  of  subdivision 1 of section 202-d of the state
administrative procedure act, as added by chapter 193  of  the  laws  of
2008, is amended to read as follows:
  (d)  An  agency  shall  identify each rule described in its regulatory
agenda for which a regulatory flexibility analysis or a rural area flex-
ibility analysis may be required, and shall provide outreach  as  appro-
priate  to  potentially affected small businesses, local governments and
public and private interests in rural areas. Such outreach  may  include
solicitation  of  input  from potentially affected parties through elec-
tronic means or through any of the activities listed in subdivision  six
of  section  two  hundred  two-b  and  subdivision  seven of section two
hundred two-bb of this article. [In addition, the agency shall provide a
copy of the description of each rule subject to the provisions  of  this
paragraph  to  the  governor's office of regulatory reform, which may in
its discretion include the description and additional information on the
rule in the quarterly report issued pursuant  to  subdivision  eight  of
section two hundred two-b of this article.]
  S  6-a.  Every  director, counsel, or other staff position established
pursuant to the creation, continued management or function of the gover-
nor's office of regulatory reform shall be abolished. All aforementioned
positions shall not be transferred, reassigned or otherwise moved to the
New York state division of the budget or any other  administrative  unit
of  state  government, including, but not limited to, any agency, board,
bureau, commission, department,  division,  institution,  office,  state
public authority, state task force, or other body.
  S 7. This act shall take effect immediately; provided, that the amend-
ment  to  paragraph  (d)  of subdivision 1 of section 202-d of the state
administrative procedure act made by section six of this act  shall  not
affect  the  expiration  of such paragraph and shall be deemed to expire
therewith.

                                 PART P

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

                                 PART Q

  Section  1.  Expenditures  of  moneys appropriated in a chapter of the
laws of 2011 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue funds - other/state operations, miscellaneous special revenue fund  -
339,  energy  research and planning account, and special revenue funds -
other/aid to localities, miscellaneous special revenue fund - 339, ener-
gy research and planning account shall be subject to the  provisions  of
this  section.  Notwithstanding  the  provisions  of  subdivision 4-a of
section 18-a of the public service law, all moneys committed or expended
shall be reimbursed by assessment against gas corporations and  electric
corporations  as defined in section 2 of the public service law, and the
total amount which may be charged to any gas corporation and  any  elec-

S. 2810--B                         18

tric  corporation  shall not exceed one cent per one thousand cubic feet
of gas sold and .010 cent per kilowatt-hour of electricity sold by  such
corporations  in  their  intrastate  utility operations in calendar year
2009.  Such  amounts  shall  be  excluded  from  the  general assessment
provisions of subdivision 2 of section 18-a of the public  service  law,
but shall be billed and paid in the manner set forth in such subdivision
and  upon  receipt shall be paid to the state comptroller for deposit in
the state treasury for credit to the miscellaneous special revenue fund.
The director of the budget shall not issue  a  certificate  of  approval
with  respect  to the commitment and expenditure of moneys hereby appro-
priated until the chair of such authority shall have submitted, and  the
director  of  the  budget shall have approved, a comprehensive financial
plan encompassing all moneys available to and  all  anticipated  commit-
ments  and  expenditures by such authority from any source for the oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART R

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

                                 PART S

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

S. 2810--B                         19

  S 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART T

  Intentionally omitted.

                                 PART U

  Section 1. Subparagraph (i) of paragraph c of subdivision 3 of section
16-s  of  section 1 of chapter 174 of the laws of 1968, constituting the
urban development corporation act, as amended by section 1 of part XX of
chapter 59 of the laws of 2009, is amended to read as follows:
  (i) An eligible food market applicant may  be  a  for-profit  business
enterprise  (including  a  corporation,  limited liability company, sole
proprietor, cooperative  or  partnership),  [a  nonprofit  organization]
NOT-FOR-PROFIT CORPORATION, AGRICULTURAL COOPERATIVE CORPORATION, PUBLIC
BENEFIT CORPORATION, MUNICIPAL CORPORATION, REGIONAL MARKET FACILITY, or
a food cooperative.
  S  2.  Section  16  of  the  agriculture and markets law is amended by
adding new subdivision  46 to read as follows:
  46. WITHIN THE AMOUNT OF MONIES APPROPRIATED OR OTHERWISE MADE  AVAIL-
ABLE  THEREFOR,  ESTABLISH,  ADMINISTER  AND OPERATE, OR PROVIDE FOR THE
ADMINISTRATION AND OPERATION OF, A PROGRAM, WHICH MAY INCLUDE ESTABLISH-
MENT OF A REVOLVING LOAN FUND, TO ASSIST IN THE DEVELOPMENT, IMPLEMENTA-
TION AND OPERATION OF AGRICULTURAL PROGRAMS.
  S 3. Section 260 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 9 to read as follows:
  9.  "FOOD DESERT" SHALL MEAN AN AREA WITH LIMITED ACCESS TO AFFORDABLE
AND NUTRITIOUS FOOD, PARTICULARLY SUCH  AN  AREA  THAT  IS  COMPOSED  OF
PREDOMINATELY LOWER-INCOME NEIGHBORHOODS AND COMMUNITIES.
  S  4. Subdivision 1 of section 262 of the agriculture and markets law,
as amended by chapter 612 of the laws of  2006,  and  paragraph  (b)  as
amended  by  chapter  126  of  the  laws  of 2007, is amended to read as
follows:
  1. There is hereby created within the department a program  of  grants
for  the  purpose of providing state assistance for farmer's markets. In
administering such program, the commissioner, to  the  extent  feasible,
shall  ensure  an  equitable  distribution  of awards to rural areas and
other areas of the state.  State assistance provided  pursuant  to  this
section may be awarded for:
  (a)  the construction, reconstruction, improvement, expansion or reha-
bilitation of farmers' markets. Grants provided pursuant to  this  para-
graph  shall  not  exceed the lesser of fifty percent of project cost or
fifty thousand dollars per project in any fiscal year.
  (b) the purpose of providing promotional support for farmer's markets.
Grants provided pursuant to this paragraph shall not exceed  the  lesser
of  fifty  percent of project cost or [five] SEVEN thousand FIVE HUNDRED
dollars per applicant in any fiscal year.
  (C) EQUIPMENT COSTS ASSOCIATED WITH IMPROVING  FARMERS'  MARKET  FUNC-
TIONS, INCLUDING BUT NOT LIMITED TO EXPANDING ACCESS TO ELECTRONIC BENE-
FIT  TRANSFER  TECHNOLOGY FOR FARMERS' MARKETS AND OTHER NON-TRADITIONAL
FOOD ACCESS POINTS IN FOOD DESERTS IN THE STATE.
  S 5. This act shall take effect immediately.

                                 PART V

S. 2810--B                         20

  Intentionally omitted.

                                 PART W

  Section  1. Subdivision 3 of section 99-h of the state finance law, as
amended by section 1 of part QQ of chapter 59 of the laws  of  2009,  is
amended to read as follows:
  3. Moneys of the account, following [appropriation] THE SEGREGATION OF
APPROPRIATIONS  ENACTED  by  the  legislature,  shall  be  available for
purposes including but not limited to: (a) reimbursements or payments to
municipal governments that host tribal casinos  pursuant  to  a  tribal-
state compact for costs incurred in connection with services provided to
such  casinos  or  arising as a result thereof, for economic development
opportunities and job expansion programs  authorized  by  the  executive
law; provided, however, that for any gaming facility located in the city
of  Buffalo,  the city of Buffalo shall receive a minimum of twenty-five
percent of the negotiated percentage of the  net  drop  from  electronic
gaming  devices the state receives pursuant to the compact, and provided
further that for any gaming facility located  in  the  city  of  Niagara
Falls, county of Niagara a minimum of twenty-five percent of the negoti-
ated percentage of the net drop from electronic gaming devices the state
receives pursuant to the compact shall be distributed in accordance with
subdivision  four  of  this  section,  and provided further that for any
gaming facility located in the county or counties of Cattaraugus,  Chau-
tauqua  or  Allegany, the municipal governments of the state hosting the
facility shall collectively receive a minimum of twenty-five percent  of
the negotiated percentage of the net drop from electronic gaming devices
the  state  receives  pursuant to the compact; and provided further that
pursuant to chapter five hundred ninety of  the  laws  of  two  thousand
four,  a  minimum of twenty-five percent of the revenues received by the
state pursuant to the state's compact with the St.  Regis  Mohawk  tribe
shall  be  made  available to the counties of Franklin and St. Lawrence,
and affected towns in such counties. Each such county and  its  affected
towns  shall  receive  fifty percent of the moneys made available by the
state; and (b) support and services of treatment  programs  for  persons
suffering from gambling addictions. Moneys not [appropriated] SEGREGATED
for  such  purposes  shall  be  transferred  to the general fund for the
support of government during the fiscal year in which they are received.
  S 2. Subdivision 3 of section  99-h  of  the  state  finance  law,  as
amended  by  section  1  of part V of chapter 59 of the laws of 2006, is
amended to read as follows:
  3. Moneys of the account, following [appropriation] THE SEGREGATION OF
APPROPRIATIONS ENACTED  by  the  legislature,  shall  be  available  for
purposes including but not limited to: (a) reimbursements or payments to
municipal  governments  that  host  tribal casinos pursuant to a tribal-
state compact for costs incurred in connection with services provided to
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 or Niagara, the municipal governments hosting the facili-
ty  shall  collectively  receive a minimum of twenty-five percent of the
negotiated percentage of the net drop from electronic gaming devices the
state receives pursuant to the compact and provided further that for any
gaming facility located in the county or counties of Cattaraugus,  Chau-
tauqua  or  Allegany, the municipal governments of the state hosting the
facility shall collectively receive a minimum of twenty-five percent  of

S. 2810--B                         21

the negotiated percentage of the net drop from electronic gaming devices
the  state  receives  pursuant to the compact; and provided further that
pursuant to chapter five hundred ninety of  the  laws  of  two  thousand
four,  a  minimum of twenty-five percent of the revenues received by the
state pursuant to the state's compact with the St.  Regis  Mohawk  tribe
shall  be  made  available to the counties of Franklin and St. Lawrence,
and affected towns in such counties. Each such county and  its  affected
towns  shall  receive  fifty percent of the moneys made available by the
state; and (b) support and services of treatment  programs  for  persons
suffering from gambling addictions. Moneys not [appropriated] SEGREGATED
for  such  purposes  shall  be  transferred  to the general fund for the
support of government during the fiscal year in which they are received.
  S 3. Clause 5 of subparagraph (ii) of paragraph (a) of  subdivision  4
of  section  99-h  of  the state finance law, as amended by section 2 of
part QQ of chapter 59 of the  laws  of  2009,  is  amended  to  read  as
follows:
  (5)  within  thirty-five days upon receipt of such funds by such city,
one percent [or three  hundred  fifty  thousand  dollars,  whichever  is
greater,]  of  the  total  annual  amount  received in each year, NOT TO
EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS  ANNUALLY  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
  S 4. This act shall take effect immediately; provided that:
  (a)  the  amendments  to  subdivision  3  of section 99-h of the state
finance law made by section one of this act  shall  be  subject  to  the
expiration  and reversion of such section pursuant to section 2 of chap-
ter 747 of the laws of  2006,  as  amended,  when  upon  such  date  the
provisions of section two of this act shall take effect; and
  (b)  the  amendments to clause 5 of subparagraph (ii) of paragraph (a)
of subdivision 4 of section 99-h  of  the  state  finance  law  made  by
section  three  of  this  act  shall  not  affect the expiration of such
section and shall be deemed to expire therewith.

                                 PART X

  Intentionally omitted.

                                 PART Y

  Section 1. Subdivisions 1 and 6 of section 408 of the general business
law, as added by chapter 509 of the laws of 1992, are amended to read as
follows:
  1. All licenses shall expire [two] FOUR years from the date  of  issu-
ance.
  6. Any license, which has not been suspended or revoked, may, upon the
payment  of  the renewal fee, be renewed for additional periods of [two]
FOUR years from its application, without further examination,  upon  the
filing of an application for such renewal, on a form to be prescribed by
the secretary.
  S  2.  Subdivisions  1, 2 and 7 of section 409 of the general business
law, subdivision 1 as amended by chapter 341 of the  laws  of  1998  and

S. 2810--B                         22

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

S. 2810--B                         23

FIRST,  TWO  THOUSAND  ELEVEN, the secretary of state shall assign stag-
gered expiration dates for outstanding licenses that have been previous-
ly renewed [on June thirtieth of each  year]  and  such  licenses  shall
thereafter  expire  [two]  FOUR  years  from  the  assigned  date unless
renewed. [If the assigned date results in a term  that  exceeds  twenty-
four  months,  the applicant shall pay an additional prorated adjustment
together with the regular renewal fee.] The  secretary  of  state  shall
assign  dates  to  existing licenses in a manner which shall result in a
term of not less than [two] FOUR years.
  S 6. This act shall take effect immediately.

                                 PART Z

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 104 to read as follows:
  S  104. ELECTRONIC REAL PROPERTY TAX ADMINISTRATION. 1.  NOTWITHSTAND-
ING ANY PROVISION OF LAW TO THE CONTRARY,  THE  COMMISSIONER  IS  HEREBY
AUTHORIZED  TO  ESTABLISH  STANDARDS  FOR  ELECTRONIC  REAL PROPERTY TAX
ADMINISTRATION (E-RPT). SUCH STANDARDS SHALL SET  FORTH  THE  TERMS  AND
CONDITIONS  UNDER  WHICH THE VARIOUS TASKS ASSOCIATED WITH REAL PROPERTY
TAX ADMINISTRATION MAY BE EXECUTED ELECTRONICALLY, DISPENSING  WITH  THE
NEED  FOR  PAPER  DOCUMENTS. SUCH TASKS SHALL INCLUDE BUT NOT BE LIMITED
TO:
  (A) THE FILING OF EXEMPTION APPLICATIONS;
  (B) THE FILING OF PETITIONS FOR ADMINISTRATIVE REVIEW OF ASSESSMENTS;
  (C) THE FILING OF PETITIONS FOR JUDICIAL REVIEW OF ASSESSMENTS;
  (D) THE FILING  OF  APPLICATIONS  FOR  ADMINISTRATIVE  CORRECTIONS  OF
ERRORS;
  (E) THE ISSUANCE OF STATEMENTS OF TAXES;
  (F)  THE  PAYMENT OF TAXES, SUBJECT TO THE PROVISIONS OF SECTIONS FIVE
AND FIVE-B OF THE GENERAL MUNICIPAL LAW;
  (G) THE PROVISION OF RECEIPTS FOR THE PAYMENT OF TAXES;
  (H) THE ISSUANCE  OF  TAXPAYER  NOTICES  REQUIRED  BY  LAW,  INCLUDING
SECTIONS  FIVE HUNDRED EIGHT, FIVE HUNDRED TEN, FIVE HUNDRED TEN-A, FIVE
HUNDRED ELEVEN, FIVE HUNDRED TWENTY-FIVE AND  FIVE  HUNDRED  FIFTY-ONE-A
THROUGH FIVE HUNDRED FIFTY-SIX-B OF THIS CHAPTER; AND
  (I)  THE  FURNISHING  OF  NOTICES  AND CERTIFICATES UNDER THIS CHAPTER
RELATING TO STATE EQUALIZATION  RATES,  RESIDENTIAL  ASSESSMENT  RATIOS,
SPECIAL  FRANCHISE  ASSESSMENTS, RAILROAD CEILINGS, TAXABLE STATE LANDS,
ADVISORY APPRAISALS, AND  THE  CERTIFICATION  OF  ASSESSORS  AND  COUNTY
DIRECTORS OR REAL PROPERTY TAX SERVICES.
  2.  SUCH  STANDARDS  SHALL  BE DEVELOPED AFTER CONSULTATION WITH LOCAL
GOVERNMENT OFFICIALS, THE OFFICE OF COURT ADMINISTRATION AND THE  OFFICE
OF THE STATE COMPTROLLER.
  3. (A) TAXPAYERS SHALL NOT BE OBLIGED TO ACCEPT NOTICES, STATEMENTS OF
TAXES,  RECEIPTS  FOR THE PAYMENT OF TAXES, OR OTHER DOCUMENTS ELECTRON-
ICALLY UNLESS THEY HAVE SO ELECTED. TAXPAYERS WHO HAVE  NOT  SO  ELECTED
SHALL  BE  SENT  SUCH COMMUNICATIONS IN THE MANNER OTHERWISE PROVIDED BY
LAW.
  (B) THE GOVERNING BOARD OF ANY LOCAL GOVERNMENT  MAY,  BY  LOCAL  LAW,
ORDINANCE OR RESOLUTION, DETERMINE THAT IT IS IN THE PUBLIC INTEREST AND
AUTHORIZE  SUCH LOCAL GOVERNMENT TO PROVIDE FOR ELECTRONIC REAL PROPERTY
TAX ADMINISTRATION.  UPON  AUTHORIZATION  SUCH  LOCAL  GOVERNMENT  SHALL
COMPLY WITH REGULATIONS AND PROCEDURES SET FORTH BY THE COMMISSIONER.
  (C)  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, ASSESSORS
AND OTHER MUNICIPAL OFFICIALS, SPECIAL  FRANCHISE  OWNERS  AND  RAILROAD

S. 2810--B                         24

COMPANIES  SHALL BE OBLIGED, UPON THEIR OPTION, TO ACCEPT AND RESPOND TO
COMMUNICATIONS FROM THE COMMISSIONER ELECTRONICALLY.
  (D)  THE  STANDARDS  PRESCRIBED  BY  THE COMMISSIONER PURSUANT TO THIS
SECTION SHALL PROVIDE FOR THE COLLECTION OF ELECTRONIC CONTACT  INFORMA-
TION,  SUCH  AS  E-MAIL  ADDRESSES AND/OR SOCIAL NETWORK USERNAMES, FROM
TAXPAYERS WHO HAVE  ELECTED  TO  RECEIVE  ELECTRONIC  COMMUNICATIONS  IN
ACCORDANCE  WITH  THE PROVISIONS OF THIS SECTION. SUCH INFORMATION SHALL
BE EXEMPT FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH SECTION  EIGHTY-NINE
OF THE PUBLIC OFFICERS LAW.
  4.  WHEN  A DOCUMENT HAS BEEN TRANSMITTED ELECTRONICALLY IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION AND THE  STANDARDS  ADOPTED  BY  THE
COMMISSIONER  HEREUNDER,  IT  SHALL  BE DEEMED TO SATISFY THE APPLICABLE
LEGAL REQUIREMENTS TO THE SAME EXTENT AS IF IT HAD BEEN MAILED  VIA  THE
UNITED STATES POSTAL SERVICE.
  S  2.  Subdivision  1  of section 500 of the real property tax law, as
amended by chapter 479 of the laws  of  2008,  is  amended  to  read  as
follows:
  1.  The assessors in each city and town shall maintain an inventory of
all the real property located therein including the names of the  owners
thereof and complete an annual update thereto on or before the first day
of March. The physical characteristics of real property included in such
inventory  shall  constitute  a public record and shall be available for
public inspection and copying in accordance with paragraph (b) of subdi-
vision two of section eighty-seven of the public officers law except  as
provided  in paragraphs (d) and (f) of subdivision two of section eight-
y-seven of the public officers law. Disclosure  of  the  inventory  data
shall  not  be considered an unwarranted invasion of personal privacy as
defined in subdivision two of section eighty-nine of the public officers
law.  FOR ASSESSMENT ROLLS WITH TAXABLE STATUS DATES  OCCURRING  ON  AND
AFTER  MARCH  FIRST,  TWO THOUSAND TWELVE, ALL SUCH RECORDS MAY BE MAIN-
TAINED  ELECTRONICALLY,  AT  LOCAL  GOVERNMENT  OPTION,  IN   A   FORMAT
PRESCRIBED OR APPROVED BY THE COMMISSIONER.
  S  3.  The  opening  paragraph  of  paragraph  (a) of subdivision 1 of
section 922 of the real property tax law, as amended  by  section  5  of
part  B  of  chapter  389  of  the  laws  of 1997, is amended to read as
follows:
  Upon receipt of the tax roll and warrant, the collecting officer shall
mail OR, SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED FOUR  OF  THIS
CHAPTER,  TRANSMIT  ELECTRONICALLY to each owner of real property at the
tax billing address listed thereon a statement  showing  the  amount  of
taxes due on the property. The statement must contain:
  S  4.  Subdivision  1  of section 925 of the real property tax law, as
separately amended by chapters 513 and 568  of  the  laws  of  2002,  is
amended to read as follows:
  1.  (A)  Notwithstanding any contrary provision of this chapter, or of
any general, special or local law, code or charter, if payment  for  the
amount  of  any  taxes on real property, accompanied by the statement of
such taxes, is enclosed in a postpaid wrapper properly addressed to  the
appropriate  collecting  officer  and  is  deposited in a post office or
official depository under the exclusive care and custody of  the  United
States  [post office] POSTAL SERVICE, such payment shall, upon delivery,
be deemed to have been made to such officer on the date  of  the  United
States postmark on such wrapper. If the postmark does not appear on such
wrapper  or  the  postmark  is illegible such payment shall be deemed to
have been made on the date of delivery to such  collecting  officer.  As

S. 2810--B                         25

used in this section, "taxes on real property" includes special ad valo-
rem levies and special assessments.
  (B)  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT APPLY TO A PAYMENT
THAT HAS BEEN MADE ELECTRONICALLY PURSUANT  TO  SECTION  FIVE-B  OF  THE
GENERAL MUNICIPAL LAW, BUT SHALL APPLY TO A PAYMENT THAT HAS BEEN MAILED
VIA  THE  UNITED STATES POSTAL SERVICE BY A FINANCIAL INSTITUTION ACTING
PURSUANT TO INSTRUCTIONS GIVEN TO IT BY A TAXPAYER ELECTRONICALLY.
  S 5. Section 925-c of the real property tax law, as added  by  section
11  of  part  X of chapter 62 of the laws of 2003, is amended to read as
follows:
  S 925-c. Payment  of  real  property  taxes  via  the  internet.  [1.]
Notwithstanding any contrary provision of this chapter, or of any gener-
al[,]  OR  special  [or local] law, [code or charter, if payment for the
amount of any taxes on real property, accompanied by sufficient language
to identify the property and tax levy, is  received  via  the  internet,
such  payment is considered received by the appropriate officer and paid
by the taxpayer at the time the internet transaction  is  completed  and
sent by the taxpayer.
  2.  Any  local  government  authorizing  the  payment of taxes via the
internet pursuant to section five-b of the general municipal  law  shall
provide  a confirmation page to the taxpayer following the completion of
the internet transaction.  Such  confirmation  page  shall  include,  at
least, the following:
  (a)  the  date the transaction was completed and sent by the taxpayer;
and
  (b) a notice to the taxpayer to print out and retain the  confirmation
page  as  his  or  her  receipt] REAL PROPERTY TAXES MAY BE PAID VIA THE
INTERNET UNDER THE TERMS AND CONDITIONS SET FORTH IN SECTION  FIVE-B  OF
THE GENERAL MUNICIPAL LAW.
  S  6.  Subdivisions  3 and 3-a of section 955 of the real property tax
law, subdivision 3 as amended by section 7 of part B of chapter  389  of
the laws of 1997 and subdivision 3-a as added by chapter 365 of the laws
of 2010, are amended to read as follows:
  3.  No  later than three weeks after a tax has been paid by a mortgage
investing institution pursuant to this  title,  the  collecting  officer
shall  deliver  [or], mail, OR, SUBJECT TO THE PROVISIONS OF SECTION ONE
HUNDRED FOUR OF THIS CHAPTER, TRANSMIT ELECTRONICALLY a receipt  to  the
mortgagor  for  whom the real property tax escrow account is maintained.
Each such receipt shall be in the same format as a statement  of  taxes,
except  that  the  word  "Paid" (or an equivalent word or words) and the
date of payment shall be clearly displayed thereon.    The  receipt  may
also  display,  if the collecting officer so elects, the name, title and
signature (or initials) of the collecting officer or of  the  authorized
subordinate who received the payment.
  [3-a.  (a)  The  collecting  officer shall deliver or mail the receipt
required under subdivision three  of  this  section  unless  a  taxpayer
requests  to  receive  such  receipt  electronically,  in which case the
collecting officer shall make an electronic  receipt  available  to  the
taxpayer.  The  collecting  officer  shall notify all taxpayers that any
availability of electronic receipts does not preclude  a  taxpayer  from
electing  to  receive a copy of his or her tax receipt in the mail or in
person.
  (b) The provisions of paragraph (a) of this  subdivision  shall  apply
only  to a city, town, or village which by local law provides that elec-
tronic availability of such receipts shall be  an  authorized  means  of
delivery.]

S. 2810--B                         26

  S  7.  Subdivision  1  of section 986 of the real property tax law, as
amended by section 8 of part B of chapter 389 of the laws  of  1997,  is
amended to read as follows:
  1.  The  collecting officer shall upon request or by notice on the tax
bill of a person paying a  tax,  deliver  [or],  forward  by  mail,  OR,
SUBJECT  TO  THE PROVISIONS OF SECTION ONE HUNDRED FOUR OF THIS CHAPTER,
TRANSMIT ELECTRONICALLY a receipt to such person specifying the date  of
such  payment,  the name of such person, the description of the property
as shown on the tax roll, the name of the person to  whom  the  same  is
assessed,  the amount of such tax and the date of delivery to such offi-
cer of the tax roll on account of which such tax was paid,  except  that
the  collecting officer of the city of New York shall not be required to
give such a receipt unless payment of a tax is made in money  or  unless
the  person paying the tax makes a request therefor in writing.  Nothing
contained in this subdivision shall prevent the collecting officer  from
delivering  [or],  forwarding  by mail, OR TRANSMITTING ELECTRONICALLY a
receipt to any person paying a tax who does not request such  a  receipt
or  make a proper notation on the tax bill.  Provided, however, if a tax
is paid by a mortgage investing institution pursuant to title three-A of
this article, a receipt for each paid tax bill shall be delivered  [or],
mailed,  OR  TRANSMITTED ELECTRONICALLY to the mortgagor pursuant to the
provisions of section nine hundred fifty-five of this article.
  S 8. Subdivision 1 of section 1590 of the real property  tax  law,  as
amended by section 3 of part X of chapter 56 of the laws of 2010, and as
further  amended by subdivision (b) of section 1 of part W of chapter 56
of the laws of 2010, is amended to read as follows:
  1. (A) A municipal corporation, other than  a  school  district  or  a
village,  which  prepares  assessment  rolls by means of electronic data
processing, shall annually submit to the  commissioner  the  data  files
used  in the preparation of each tentative and final assessment roll and
summaries of the information from the final assessment roll including as
a minimum the number of parcels, the total assessed value  thereof,  and
the  total  taxable  assessed  value  thereof. Such information shall be
submitted within ten days of the time of filing the tentative  or  final
assessment roll, as provided for pursuant to section five hundred six or
five  hundred sixteen of this chapter or such other law as may be appli-
cable.
  (B)(I) In addition, if the assessing unit maintains  a  website,  then
within ten days of the filing of the tentative assessment roll, it shall
post a copy of such roll on its website, with a link thereto prominently
displayed  on  its  home  page, and shall not remove the same before the
final assessment roll has been filed. In lieu of posting a copy of  such
roll on its website, the assessing unit may cause such copy to be posted
on  the website of the county in which it is located for the same period
of time as otherwise required by this subdivision, provided that a  link
thereto  shall  be prominently displayed on the website of the assessing
unit.
  (II) IF THE ASSESSING UNIT DOES NOT MAINTAIN A WEBSITE,  THEN,  WITHIN
TEN  DAYS OF THE FILING OF THE TENTATIVE ASSESSMENT ROLL, IT SHALL CAUSE
A COPY OF SUCH ROLL TO BE POSTED ON THE WEBSITE OF THE COUNTY  IN  WHICH
IT  IS LOCATED FOR THE SAME PERIOD OF TIME AS OTHERWISE REQUIRED BY THIS
SUBDIVISION.
  (C) WITHIN TEN DAYS OF THE FILING OF THE FINAL  ASSESSMENT  ROLL,  THE
ASSESSING UNIT SHALL CAUSE A COPY OF SUCH FINAL ROLL TO BE POSTED EITHER
ON  ITS  OWN  WEBSITE OR ON THE COUNTY'S WEBSITE, IN THE SAME MANNER AND

S. 2810--B                         27

SUBJECT TO THE SAME CONDITIONS AS PROVIDED  IN  PARAGRAPH  (B)  OF  THIS
SUBDIVISION.
  S 9. The real property tax law is amended by adding a new section 1591
to read as follows:
  S  1591. PARCEL-BASED E-GOVERNMENT DATA SYSTEM. 1. THE COMMISSIONER IS
HEREBY AUTHORIZED TO  IMPLEMENT  A  PARCEL-BASED  ELECTRONIC  GOVERNMENT
(E-GOVERNMENT) SYSTEM AS PROVIDED HEREIN; PROVIDED HOWEVER THAT PRIOR TO
THE  IMPLEMENTATION OF SUCH A PARCEL-BASED E-GOVERNMENT DATA SYSTEM, THE
COMMISSIONER SHALL SUBMIT TO THE LEGISLATURE A PLAN THAT  SHALL  INCLUDE
AND DOCUMENT ALL ESTIMATED NECESSARY COSTS ASSOCIATED WITH THE IMPLEMEN-
TATION AND ADMINISTRATION OF SUCH A SYSTEM. LEGISLATIVE APPROVAL OF THIS
PLAN SHALL BE REQUIRED BEFORE ANY STATE FUNDS ARE USED FOR THE IMPLEMEN-
TATION  AND  ADMINISTRATION  OF  SUCH  A  PARCEL-BASED E-GOVERNMENT DATA
SYSTEM.
  2. THE SYSTEM SHALL COMPILE  ALL  ASSESSMENT-RELATED  DATA,  INCLUDING
ASSESSMENT ROLLS, INVENTORY, AND SALES DATA.
  3. THE SYSTEM SHALL, AT A MINIMUM: (A) MAKE AVAILABLE TO ALL ASSESSING
UNITS  AND  COUNTIES THE LATEST VERSION OF THE SOFTWARE DEVELOPED BY THE
COMMISSIONER FOR PROCESSING  ASSESSMENT  DATA,  PROVIDED  THAT  SOFTWARE
UPDATES SHALL BE INCORPORATED AS NEEDED THROUGH AN ELECTRONIC MEANS THAT
SHALL REQUIRE NO ACTION ON THE PART OF THE USER;
  (B)  REDUCE  OR  ELIMINATE  THE INEFFICIENCIES AND REDUNDANCIES IN THE
EXISTING SYSTEM, SUCH AS BY ENABLING ASSESSORS TO FILE REPORTS WITH  THE
COMMISSIONER ELECTRONICALLY;
  (C)  BE A SECURE SYSTEM THAT IS ACCESSIBLE ONLY TO AUTHORIZED USERS OF
GEOGRAPHICALLY  REFERENCED  PARCEL-LEVEL  INFORMATION,   PROVIDED   THAT
DIFFERENT CLASSES OF USERS SHALL BE GIVEN DIFFERENT LEVELS OF ACCESS, AS
DEFINED  BY  THE COMMISSIONER, LOCAL GOVERNMENTS SHALL HAVE UNRESTRICTED
ACCESS TO THE DATA RELATING TO THE PROPERTY WITHIN  THEIR  BORDERS,  AND
THE COMMISSIONER SHALL HAVE UNLIMITED ACCESS TO ALL DATA;
  (D) ENABLE ALL DATA QUERIES TO BE MADE IN A UNIFORM MANNER, REGARDLESS
OF WHERE THE DATA MAY RESIDE; AND
  (E) ENSURE THAT ALL DATA IS REGULARLY BACKED UP FOR SECURITY PURPOSES.
  4.  THE  COMMISSIONER  IS  AUTHORIZED TO ENTER INTO SERVICE AGREEMENTS
WITH LOCAL OFFICIALS TO ENSURE THAT THE SYSTEM MAINTAINS ITS FUNCTIONAL-
ITY AND THAT THE DATA THEREON IS KEPT CURRENT AND ACCESSIBLE.
  S 10. Section 5-b of the general municipal law, as added by section 10
of part X of chapter 62 of the laws of 2003, subdivision 1 as amended by
chapter 741 of the laws of 2005, is amended to read as follows:
  S 5-b. Collection of fines, civil penalties, rent, rates, taxes, fees,
charges and other amounts via the internet. 1. The  governing  board  of
any  local  government,  as  that term is defined in section ten of this
article, may, by local law, ordinance or resolution, determine  that  it
is in the public interest and authorize such local government to provide
for  the  acceptance  of  penalties, rents, rates, taxes, fees, charges,
revenue, financial obligations or other  amounts,  including  penalties,
special  assessments or interest via a municipal internet website OR THE
WEBSITE OF A THIRD-PARTY VENDOR  THAT  HAS  CONTRACTED  WITH  THE  LOCAL
GOVERNMENT  TO  RECEIVE SUCH PAYMENTS ON ITS BEHALF.  Submission via the
internet may not, however, be  required  as  the  sole  method  for  the
collection  of fines, civil penalties, rent, rates, taxes, fees, charges
and other amounts. Such payments shall be accepted via the internet in a
manner and condition defined by such local government. Any  method  used
to  receive  internet  payments  shall  comply with article three of the
state technology law and  any  rules  and  regulations  promulgated  and
guidelines  developed thereunder and, at a minimum must (a) authenticate

S. 2810--B                         28

the identity of the sender; and (b) ensure the security of the  informa-
tion transmitted.
  2.  Any  local  government  authorizing  the  payment of taxes via the
internet shall provide OR DIRECT ITS VENDOR TO  PROVIDE  a  confirmation
page  to  the  taxpayer  following the completion of the internet trans-
action. Such confirmation page shall include, at least, the following:
  (a) the date the internet transaction was completed and  sent  by  the
taxpayer; [and]
  (b) THE AMOUNT PAID;
  (C) A UNIQUE CONFIRMATION NUMBER; AND
  (D)  a  notice  [to] ADVISING the taxpayer to print out and retain the
confirmation page as his or her receipt.
  3. Payments received via the internet shall be considered received  by
the  appropriate officer and paid by the taxpayer at the time the inter-
net transaction is completed and sent by the taxpayer.
  4. The underlying debt,  lien,  obligation,  bill,  account  or  other
amount  owed  to  the  local government for which payment by internet is
accepted by the local  government  shall  not  be  expunged,  cancelled,
released,  discharged or satisfied, and any receipt or other evidence of
payment shall be deemed conditional,  until  the  local  government  has
received final and unconditional payment of the full amount due.
  5.  The  governing board, in enacting a local law, ordinance or resol-
ution pursuant to this section, shall designate which of  its  officers,
charged with the duty of collecting or receiving moneys on behalf of the
local  government,  shall  be authorized to accept such payments via the
internet.
  6. THE STATE COMPTROLLER MAY ISSUE SUCH GUIDELINES AS HE OR SHE  DEEMS
APPROPRIATE GOVERNING THE USE OF THIRD PARTY VENDORS FOR THIS PURPOSE.
  S 11. Subdivision 2 of section 89 of the public officers law, as added
by  chapter 933 of the laws of 1977, subparagraph (iii) of paragraph (b)
and subparagraph (iii) of paragraph (c) as amended and subparagraph (iv)
of paragraph (c) as added by chapter 223 of the laws of  2008,  subpara-
graph (v) of paragraph (b) as amended and subparagraph (vi) of paragraph
(b)  as  added by chapter 545 of the laws of 1998, is amended to read as
follows:
  2. (a) The committee on public access to records may promulgate guide-
lines regarding  deletion  of  identifying  details  or  withholding  of
records  otherwise  available  under this article to prevent unwarranted
invasions of personal privacy. In the absence  of  such  guidelines,  an
agency may delete identifying details when it makes records available.
  (b)  An  unwarranted  invasion of personal privacy includes, but shall
not be limited to:
  i. disclosure of employment, medical or credit histories  or  personal
references of applicants for employment;
  ii. disclosure of items involving the medical or personal records of a
client or patient in a medical facility;
  iii.  sale  or  release  of lists of names and addresses if such lists
would be used for solicitation or fund-raising purposes;
  iv. disclosure of information of a  personal  nature  when  disclosure
would  result  in economic or personal hardship to the subject party and
such information is not relevant to the work of the agency requesting or
maintaining it; [or]
  v. disclosure of information of a personal nature reported  in  confi-
dence to an agency and not relevant to the ordinary work of such agency;
[or]

S. 2810--B                         29

  vi.  information  of a personal nature contained in a workers' compen-
sation record, except as provided by section one hundred  ten-a  of  the
workers' compensation law; OR
  VII.  DISCLOSURE  OF ELECTRONIC CONTACT INFORMATION, SUCH AS AN E-MAIL
ADDRESS OR A SOCIAL NETWORK USERNAME, THAT HAS  BEEN  COLLECTED  FROM  A
TAXPAYER UNDER SECTION ONE HUNDRED FOUR OF THE REAL PROPERTY TAX LAW.
  (c) Unless otherwise provided by this article, disclosure shall not be
construed  to  constitute  an  unwarranted  invasion of personal privacy
pursuant to paragraphs (a) and (b) of this subdivision:
  i. when identifying details are deleted;
  ii. when the person to whom a record pertains consents in  writing  to
disclosure;
  iii. when upon presenting reasonable proof of identity, a person seeks
access to records pertaining to him or her; or
  iv.  when  a record or group of records relates to the right, title or
interest in real property, or relates to the inventory, status or  char-
acteristics  of  real  property,  in which case disclosure and providing
copies of such record or group of records shall not be deemed an  unwar-
ranted  invasion of personal privacy, PROVIDED THAT NOTHING HEREIN SHALL
BE CONSTRUED TO AUTHORIZE THE DISCLOSURE OF ELECTRONIC CONTACT  INFORMA-
TION,  SUCH  AS AN E-MAIL ADDRESS OR A SOCIAL NETWORK USERNAME, THAT HAS
BEEN COLLECTED FROM A TAXPAYER UNDER SECTION ONE  HUNDRED  FOUR  OF  THE
REAL PROPERTY TAX LAW.
  S  12.  The  tax  law is amended by adding a new section 35 to read as
follows:
  S 35. USE OF ELECTRONIC MEANS OF  COMMUNICATION.  NOTWITHSTANDING  ANY
OTHER PROVISION OF NEW YORK STATE LAW, WHERE THE DEPARTMENT HAS OBTAINED
AUTHORIZATION  OF AN ONLINE SERVICES ACCOUNT HOLDER, IN SUCH FORM AS MAY
BE PRESCRIBED BY THE COMMISSIONER, THE  DEPARTMENT  MAY  USE  ELECTRONIC
MEANS  OF  COMMUNICATION  TO FURNISH ANY DOCUMENT IT IS REQUIRED TO MAIL
PER LAW OR REGULATION. IF THE  DEPARTMENT  FURNISHES  SUCH  DOCUMENT  IN
ACCORDANCE  WITH  THIS  SECTION,  DEPARTMENT RECORDS OF SUCH TRANSACTION
SHALL CONSTITUTE APPROPRIATE AND SUFFICIENT PROOF  OF  DELIVERY  THEREOF
AND BE ADMISSIBLE IN ANY ACTION OR PROCEEDING.
  S  13.  Subdivision  (b)  of  section  29  of the tax law, as added by
section 1 of part UU1 of chapter 57 of the laws of 2008, is  amended  to
read as follows:
  (b)(I)  If  a  tax  return  preparer  prepared  more  than one hundred
original tax documents during any calendar year beginning  on  or  after
January  first,  two  thousand seven, and if, in any succeeding calendar
year that tax return preparer prepares one or more authorized tax  docu-
ments  using  tax  software, then, for that succeeding calendar year and
for each subsequent calendar year thereafter, all authorized  tax  docu-
ments prepared by that tax return preparer must be filed electronically,
in accordance with instructions prescribed by the commissioner.
  (II)  IF  A  TAX  RETURN  PREPARER PREPARED MORE THAN TEN ORIGINAL TAX
DOCUMENTS DURING ANY CALENDAR YEAR BEGINNING ON OR AFTER JANUARY  FIRST,
TWO  THOUSAND  ELEVEN,  AND IF, IN ANY SUCCEEDING CALENDAR YEAR THAT TAX
RETURN PREPARER PREPARES ONE OR MORE AUTHORIZED TAX DOCUMENTS USING  TAX
SOFTWARE,  THEN,  FOR  THAT SUCCEEDING CALENDAR YEAR AND FOR EACH SUBSE-
QUENT CALENDAR YEAR THEREAFTER, ALL AUTHORIZED TAX DOCUMENTS PREPARED BY
THAT TAX RETURN PREPARER MUST BE  FILED  ELECTRONICALLY,  IN  ACCORDANCE
WITH INSTRUCTIONS PRESCRIBED BY THE COMMISSIONER.
  S  14.  Subparagraph  (A) of paragraph 10 of subsection (g) of section
658 of the tax law is amended by adding a new clause (iii)  to  read  as
follows:

S. 2810--B                         30

  (III) IF A TAX RETURN PREPARER PREPARED MORE THAN TEN ORIGINAL RETURNS
DURING  ANY CALENDAR YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND ELEVEN, AND IF, IN ANY SUCCEEDING CALENDAR  YEAR  SUCH  TAX  RETURN
PREPARER  PREPARES  ONE  OR  MORE AUTHORIZED RETURNS USING TAX SOFTWARE,
THEN, FOR SUCH SUCCEEDING CALENDAR YEAR AND FOR EACH SUBSEQUENT CALENDAR
YEAR  THEREAFTER,  ALL  AUTHORIZED  RETURNS  PREPARED BY SUCH TAX RETURN
PREPARER SHALL BE FILED ELECTRONICALLY, IN ACCORDANCE WITH  INSTRUCTIONS
PRESCRIBED BY THE COMMISSIONER.
  S  15.  Subparagraph (A) of paragraph 10 of subdivision (g) of section
11-1758 of the administrative code of the city of New York is amended by
adding a new clause (iii) to read as follows:
  (III) IF A TAX RETURN PREPARER PREPARED MORE THAN TEN ORIGINAL RETURNS
DURING ANY CALENDAR YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO  THOU-
SAND  ELEVEN,  AND  IF,  IN ANY SUCCEEDING CALENDAR YEAR SUCH TAX RETURN
PREPARER PREPARES ONE OR MORE AUTHORIZED  RETURNS  USING  TAX  SOFTWARE,
THEN, FOR SUCH SUCCEEDING CALENDAR YEAR AND FOR EACH SUBSEQUENT CALENDAR
YEAR  THEREAFTER,  ALL  AUTHORIZED  RETURNS  PREPARED BY SUCH TAX RETURN
PREPARER SHALL BE FILED ELECTRONICALLY, IN ACCORDANCE WITH  INSTRUCTIONS
PRESCRIBED BY THE COMMISSIONER OF TAXATION AND FINANCE.
  S 16. Subparagraph (A) of paragraph 3 of subsection (c) of section 658
of the tax law, as amended by section 1 of part H-1 of chapter 57 of the
laws of 2009, is amended to read as follows:
  (A)  Every  subchapter  K  limited  liability  company,  every limited
liability company that is a disregarded entity for  federal  income  tax
purposes,  and  every  partnership which has any income derived from New
York sources, determined in accordance  with  the  applicable  rules  of
section  six  hundred  thirty-one  of  this  article as in the case of a
nonresident individual, shall, within [thirty] SIXTY days after the last
day of the taxable year, make a payment of a filing fee. The  amount  of
the filing fee is the amount set forth in subparagraph (B) of this para-
graph.  The  minimum filing fee is twenty-five dollars for taxable years
beginning in two thousand eight and thereafter. Limited liability compa-
nies that are disregarded entities for federal income tax purposes  must
pay  a  filing fee of twenty-five dollars for taxable years beginning on
or after January first, two thousand eight.
  S 17. This act shall take effect immediately.

                                 PART AA

  Section 1. Subdivision 2 of section 14-1 of the transportation law  is
amended by adding a new paragraph (j) to read as follows:
  (J)  ANY  FUNDS  APPROPRIATED FOR STATE AID TO MUNICIPAL CORPORATIONS,
PRIVATE AIRPORTS AS AUTHORIZED BY SECTION FOURTEEN-H OF THIS ARTICLE AND
FOR PAYMENT OF THE COST OF PROJECTS AT STEWART AND REPUBLIC AIRPORTS MAY
ALSO BE UTILIZED  FOR  GRANTS  TO  MUNICIPAL  CORPORATIONS  AND  PRIVATE
AIRPORTS  FOR THE COST OF PROJECTS AUTHORIZED BY THIS SECTION, INCLUDING
THE ACQUISITION OF REAL PROPERTY AND LIABILITIES INCURRED PRIOR TO APRIL
FIRST, TWO THOUSAND ELEVEN; PROVIDED, HOWEVER, THAT FUNDS AVAILABLE  FOR
THIS  PURPOSE  SHALL NOT EXCEED THE AMOUNT BY WHICH FOUR MILLION DOLLARS
EXCEEDS THE SUM OF THE AMOUNT IN STATE FISCAL YEAR TWO THOUSAND  ELEVEN-
-TWO  THOUSAND  TWELVE NECESSARY FOR THE STATE SHARE OF FEDERAL PROJECTS
PROVIDED PURSUANT TO SECTION FOURTEEN-H OF THIS ARTICLE AND  THE  AMOUNT
IN  SUCH STATE FISCAL YEAR REQUIRED FOR PAYMENT OF THE COSTS OF PROJECTS
AT STEWART AND REPUBLIC AIRPORTS, UPON CERTIFICATION BY THE COMMISSIONER
AT THE END OF THE CALENDAR YEAR.
  S 2. This act shall take effect immediately.

S. 2810--B                         31

                                 PART BB

  Section  1.  The transportation law is amended by adding a new section
23 to read as follows:
  S 23. SIGN PROPERTY LICENSING; CERTAIN CITIES.  1.  AS  USED  IN  THIS
SECTION, THE FOLLOWING TERMS SHALL MEAN:
  (A) "CITY" MEANS A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  (B) "MAINTAIN" MEANS THE MAINTENANCE OF A SIGN PROPERTY INCLUDING, BUT
NOT LIMITED TO, THE INSTALLATION, MAINTENANCE AND REMOVAL OF ON-PREMISES
AND OFF-PREMISES ADVERTISING COPY ON A SIGN PROPERTY.
  (C)  "SIGN  PROPERTY" MEANS AND INCLUDES BILLBOARDS, BULLETINS, WALLS-
CAPES, OR ANY OTHER LARGE FORMAT STATIC OR DIGITAL SIGN.
  2. NO OUTDOOR ADVERTISING COMPANY SHALL MAINTAIN A SIGN PROPERTY IN  A
CITY  UNLESS THE DEPARTMENT HAS ISSUED AN OUTDOOR ADVERTISING LICENSE TO
THE COMPANY FOR EACH SUCH PROPERTY MAINTAINED. FURTHERMORE, THE  MAINTE-
NANCE  OF  A SIGN PROPERTY IN A CITY SHALL ONLY BE AUTHORIZED DURING THE
TERM OF THE OUTDOOR ADVERTISING LICENSE ISSUED THEREFOR. NO  CITY  SHALL
IMPOSE  ANY  ADDITIONAL  LICENSING REQUIREMENT FOR SIGN PROPERTIES OTHER
THAN THOSE CONTAINED IN THIS SECTION, AND THE PROVISIONS OF THIS SECTION
SHALL PREEMPT AND SUPERSEDE ANY LOCAL LAW, CODE OR ORDINANCE.
  3. AN OUTDOOR ADVERTISING LICENSE MAY BE ISSUED FOR  A  SIGN  PROPERTY
UPON THE APPLICATION OF THE OUTDOOR ADVERTISING COMPANY SUBMITTED TO THE
DEPARTMENT.  THE  APPLICATION  SHALL  BE  IN  SUCH FORM AND INCLUDE SUCH
INFORMATION AS THE DEPARTMENT SHALL DETERMINE. IN  ADDITION,  EACH  SUCH
APPLICATION SHALL BE SUBMITTED WITH THE APPROPRIATE ANNUAL LICENSING FEE
AS FOLLOWS:
  (A) FOR STATIC SIGN FACES:
  (I)  WITH  A SURFACE AREA OF LESS THAN TWO HUNDRED TWENTY SQUARE FEET:
THREE DOLLARS AND FIFTY CENTS PER SQUARE FOOT OF SURFACE AREA;
  (II) WITH A SURFACE AREA OF TWO HUNDRED TWENTY OR  MORE  SQUARE  FEET,
BUT  LESS  THAN  SIX  HUNDRED SEVENTY-TWO SQUARE FEET: THREE DOLLARS AND
SEVENTY-FIVE CENTS PER SQUARE FOOT OF SURFACE AREA;
  (III) WITH A SURFACE AREA OF SIX HUNDRED SEVENTY-TWO  OR  MORE  SQUARE
FEET,  BUT  NOT  MORE  THAN  ONE  THOUSAND ONE HUNDRED SQUARE FEET: FOUR
DOLLARS PER SQUARE FOOT OF SURFACE AREA;
  (IV) WITH A SURFACE AREA OF MORE THAN ONE THOUSAND ONE HUNDRED  SQUARE
FEET:  FOUR  DOLLARS  AND  TWENTY-FIVE  CENTS PER SQUARE FOOT OF SURFACE
AREA; OR
  (B) FOR DIGITAL SIGN FACES: EIGHT DOLLARS AND FIFTY CENTS  PER  SQUARE
FOOT OF SURFACE AREA; AND
  (C) AN ADDITIONAL FEE OF ONE HUNDRED DOLLARS FOR EACH LATE APPLICATION
FOR  AN  OUTDOOR  ADVERTISING LICENSE OR RENEWAL THEREOF, IF ACCEPTED BY
THE DEPARTMENT.
  4. UPON RECEIPT OF AN APPLICATION AND THE APPROPRIATE FEE PURSUANT  TO
THIS  SECTION,  THE DEPARTMENT SHALL MARK SUCH APPLICATION WITH THE DATE
AND TIME THE APPLICATION WAS  RECEIVED.  THE  DEPARTMENT  SHALL  MAKE  A
DETERMINATION  OF WHETHER TO APPROVE OR DENY EACH APPLICATION WITHIN ONE
HUNDRED EIGHTY DAYS OF THE  RECEIPT  THEREOF.  ANY  DETERMINATION  WHICH
EXCEEDS SUCH PERIOD OF TIME SHALL BE DEEMED AN APPROVAL.
  5.  IN  THE EVENT OF THE LOSS, MUTILATION OR DESTRUCTION OF AN OUTDOOR
ADVERTISING LICENSE, UPON THE FILING OF A STATEMENT  OF  THE  HOLDER  OF
SUCH  LICENSE,  PROOF  OF SUCH FACTS AS THE DEPARTMENT MAY REQUIRE AND A
FEE OF FIFTY DOLLARS, THE DEPARTMENT SHALL ISSUE A DUPLICATE OR  SUBSTI-
TUTE LICENSE.
  6.  ANY  OUTDOOR  ADVERTISING  COMPANY  WHICH UTILIZES A SIGN PROPERTY
WHICH WAS ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS  SECTION  PURSUANT

S. 2810--B                         32

TO ANY PERMITS ISSUED BY THE DEPARTMENT OF BUILDINGS OF A CITY, SHALL BE
ENTITLED  TO THE ISSUANCE OF A LICENSE PURSUANT TO THIS SECTION FOR SUCH
SIGN PROPERTY AS A MATTER OF RIGHT AND RENEWALS  THEREOF  IN  ACCORDANCE
WITH THIS SECTION. FURTHERMORE, DURING THE PENDENCY OF THE DETERMINATION
BY  THE  DEPARTMENT UPON AN APPLICATION FOR A LICENSE RELATING TO A SIGN
PROPERTY IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS  SECTION,  THE
OUTDOOR ADVERTISING COMPANY MAINTAINING SUCH SIGN PROPERTY SHALL CONTIN-
UE TO MAINTAIN THE SIGN PROPERTY.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

                                 PART CC

  Section 1. Subdivision 1  of  section  19-0325  of  the  environmental
conservation  law,  as  added  by  chapter  203  of the laws of 2010, is
amended to read as follows:
  (1) On or after July first, two thousand [twelve] FOURTEEN, all number
two heating oil sold for use in residential, commercial,  or  industrial
heating  within  the  state shall not have a sulfur content greater than
fifteen parts per million.
  S 2. This act shall take effect immediately.

                                 PART DD

  Section 1. Subdivisions 5, 6, 7 and 8 of section 27-1007 of the  envi-
ronmental  conservation law, as added by section 4 of part SS of chapter
59 of the laws of 2009, are amended and a new subdivision 12 is added to
read as follows:
  5. A deposit initiator's or distributor's failure  to  pick  up  empty
beverage  containers[, including containers processed in a reverse vend-
ing 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,
SEPARATING PLASTIC CONTAINERS FROM GLASS AND SEPARATING GLASS CONTAINERS
BY COLOR, and packaging of empty beverage containers for transport  back
to  the  deposit  initiator or its designee. Payment of the handling fee
may not be conditioned on the purchase of any goods  or  services[,  nor
may  such  payment  be  made out of the refund value account established
pursuant to section 27-1012 of this title]. A distributor who  does  not
initiate deposits on a type of beverage container is considered a dealer
only  for  the purpose of receiving a handling fee from a deposit initi-
ator.
  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. 2810--B                         33

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] MAY 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)]  (B)  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.
  12.  NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION TO THE CONTRA-
RY, WITH RESPECT TO EMPTY  BEVERAGE  CONTAINERS  OF  BEVERAGES  SOLD  OR
CONSUMED  ON-PREMISES  OR  AT  OUTDOOR  OR INDOOR GATHERINGS, FUNCTIONS,
OCCASIONS OR EVENTS, NO HANDLING FEE SHALL BE PAYABLE TO  ANY  DISTRIBU-
TOR, DEALER OR OPERATOR OF A REDEMPTION CENTER.
  S  2.  Section 27-1012 of the environmental conservation law, as added
by section 8 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1012. [Deposit  and  disposition]  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  institu-
tion  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

S. 2810--B                         34

other payment or withdrawal from such account  may  be  made  except  as
prescribed by this section.
  3.]  Each  deposit  initiator  shall  file  quarterly reports with the
commissioner of taxation and  finance  on  a  form  and  in  the  manner
prescribed  by  such  commissioner.  The  commissioner  of  taxation and
finance may require such reports to be filed electronically.  The  quar-
terly  reports required by this subdivision shall be filed for the quar-
terly periods ending on the last day of May, August, November and Febru-
ary of each year, and each such report shall be filed within twenty days
after the end of the quarterly period covered thereby. Each such  report
shall  include  all information such commissioner shall determine appro-
priate including but not limited to the following information:
  a. [the balance in the refund value account at the  beginning  of  the
quarter for which the report is prepared;
  b.  all  such  deposits  credited  to the refund value account and all
interest, dividends or returns received on  such  account,  during  such
quarter;
  c.  all withdrawals from the refund value account during such quarter,
including all reimbursements paid pursuant to subdivision  two  of  this
section,  all  service  charges  on  the  account, and all payments made
pursuant to subdivision four of this section; and
  d. the balance in the refund value account at the close of such  quar-
ter.]  THE  NUMBER OF CONTAINERS REQUIRED TO HAVE A REFUND VALUE SOLD BY
THE DEPOSIT INITIATOR DURING THE QUARTERLY PERIOD;
  B. THE NUMBER OF CONTAINERS THAT WERE REDEEMED BY THE  DEPOSIT  INITI-
ATOR DURING THE QUARTERLY PERIOD;
  C. THE NUMBER OF CONTAINERS THAT WERE UNREDEEMED BY THE DEPOSIT INITI-
ATOR DURING THE QUARTERLY PERIOD; AND
  D.  THE  AMOUNTS  PAID  TO  ANY  DISTRIBUTOR,  DEALER OR OPERATOR OF A
REDEMPTION CENTER FOR HANDLING FEES DURING THE QUARTER.
  [4.] 2. a. Quarterly payments. [An] PAYMENTS OF REFUND VALUES PURSUANT
TO SECTION 27-1007 OF THIS TITLE, IN AN amount equal to  eighty  percent
of  the  [balance  outstanding  in  the refund value account] UNREDEEMED
DEPOSITS HELD BY A DEPOSIT INITIATOR 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]  ONE  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] OVER REDEMPTION.  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 subdivision [three] ONE of this section, the deposit initi-
ator  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

S. 2810--B                         35

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]
REFUND  VALUES  HELD  BY  THE  DEPOSIT  INITIATOR 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 initiator pays out more
in refund values than it collects in such final  quarterly  period,  the
deposit  initiator may apply to the commissioner of taxation and finance
for a refund of the amount 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.] 3. 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
companies  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 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.] 4. 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.]  5.  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 registra-
tion 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 taxa-
tion and finance and shall require such information deemed to be  neces-
sary  for proper administration of this title. The commissioner of taxa-
tion and finance may require that applications for registration must  be
submitted electronically. The commissioner of taxation and finance shall
electronically  issue  a deposit initiator registration certificate in a
form prescribed by the  commissioner  of  taxation  and  finance  within
fifteen  days  of  receipt of such application or may take an additional
ten days if the commissioner of taxation and finance deems it  necessary

S. 2810--B                         36

to  consult  with  the  commissioner  before  issuing  such registration
certificate. A registration certificate issued pursuant to this subdivi-
sion 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-
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.]  6. The commissioner of taxation and finance may require the main-
tenance 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.]  7.  a.  Any  person required to be registered under this section
who, without being so registered, sells  or  offers  for  sale  beverage

S. 2810--B                         37

containers  in  this  state, in addition to any other penalty imposed by
this title, shall be subject to a penalty to be assessed by the  commis-
sioner  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  subse-
quent 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.]  8.  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 inconsistent 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  arti-
cle  twenty-seven  of  the  tax  law,  where the terms "tax" and "taxes"
appear in such article, such terms shall be construed  to  mean  "refund
value" or "balance in the refund value account".
  11.]  9. 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.] 10. Beginning on June first, two  thousand  [nine  each  deposit
initiator]  TEN  ALL  SUPPLIERS  AND  MANUFACTURES  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 combination of beverage  and
container  manufactured. The commissioner may require that such forms be
filed electronically. The deposit initiator shall renew a  label  regis-
tration 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 3. This act shall take effect on the forty-fifth day after it  shall
have become a law.

                                 PART EE

  Section  1.  (a)  The  power  authority of the state of New York shall
within 90 days of the effective date of this act, issue  a  request  for
proposals  to  purchase  from  the  authority one or more of the ten gas

S. 2810--B                         38

turbine electric generating facilities with a nameplate capacity of less
than 80 megawatts each, owned by the authority as of the effective  date
of this act and located in and around the city of New York. Such request
for  proposals  to  sell  such generators shall be put out for bid for a
maximum of 90 days and shall include the following sites and  generating
facilities:
  (1)  Two units at Harlem river yard plant, located in the Harlem River
Yards, at E. 132nd street, Bronx, New York 10454;
  (2) Two units at Vernon Boulevard,  located  at  41-98,  42-02,  42-16
Vernon boulevard, Long Island City, Queens, New York 11101;
  (3)  Two  units  at  the Hell Gate plant, located at Locust Avenue, E.
132nd street to E. 134th street, Bronx, New York 10454;
  (4) Two units at the Windsor  Terrace  power  plant,  located  at  3rd
avenue and 23rd street, Brooklyn, New York 11232;
  (5)  One unit at Pouch terminal; located at 1 Edgewater street, Staten
Island, New York 10305; and
  (6) One unit at North First avenue and River street, located at  47-79
River street, Brooklyn, New York 11211.
  (b)  The  authority shall issue such request to determine, among other
things the likely value to New York state for the sale of such  generat-
ing  facilities.  The  authority shall, within 30 days of the end of the
solicitation period, report on the range of solicited bids to the gover-
nor, the temporary president of the senate and the speaker of the assem-
bly, subject to all appropriate and applicable confidentiality  require-
ments with respect to individual bids and information contained therein.
  (c)  On  or before March 31, 2012, the authority is required to make a
report to the governor, the temporary president of the  senate  and  the
speaker  of  the  assembly  as  to  the  amount of revenue that could be
collected by the authority from the sale of facilities pursuant to  this
section.  The authority may not effectuate such sale until authorized by
law.
  S 2. This act shall take effect immediately.

                                 PART FF

  Section  1.  Part  LL  of chapter 59 of the laws of 2009, amending the
environmental conservation law relating to recreational  marine  fishing
licenses, is REPEALED.
  S  2.  The environmental conservation law is amended by a adding a new
section 13-0355 to read as follows:
S 13-0355. SALTWATER RECREATIONAL FISHING REGISTRY.
  1. DEFINITIONS OF  REGISTRATION;  PRIVILEGES.  REGISTRATION  WITH  THE
SALTWATER  RECREATIONAL  FISHING  REGISTRY ENTITLES THE PERSON SO REGIS-
TERED 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.
  2. SALTWATER RECREATIONAL FISHING REGISTRY ESTABLISHED. A. THE COMMIS-
SIONER SHALL ADMINISTER AND MAINTAIN A REGISTRY OF PERSONS WHO ENGAGE IN
SALTWATER  RECREATIONAL  FISHING. THE COMMISSIONER MAY DESIGNATE BY RULE
THE METHODS OF FISHING OR THE SALTWATER AREAS FOR WHICH REGISTRATION  IS
REQUIRED  UNDER  THIS  SECTION.  THE  REGISTRY  SHALL  CONTAIN THE NAME,
ADDRESS, DATE OF BIRTH AND TELEPHONE NUMBER FOR EACH PERSON REGISTERED.
  B. EACH PERSON REGISTERED SHALL BE ASSIGNED  A  UNIQUE  IDENTIFICATION
NUMBER.    SUCH  UNIQUE  IDENTIFICATION NUMBER SHALL CONTAIN AN EMBEDDED
YEAR CODE, TO BE DETERMINED BY THE COMMISSIONER, DISCRETELY  DESIGNATING

S. 2810--B                         39

THE  YEAR  OF REGISTRATION OR RENEWAL OF REGISTRATION, TO ENSURE COMPLI-
ANCE WITH ANNUAL RENEWAL REQUIREMENTS PURSUANT TO PARAGRAPH A OF  SUBDI-
VISION THREE OF THIS SECTION.
  3.  REGISTRY  PROCEDURES.  A.   AN INDIVIDUAL'S SALTWATER RECREATIONAL
FISHING REGISTRATION SHALL EXPIRE AT THE END OF EACH CALENDAR YEAR,  AND
MAY BE RENEWED FOR EACH SUBSEQUENT CALENDAR YEAR PURSUANT TO PARAGRAPH C
OF THIS SUBDIVISION.
  B. A PERSON MAY  INITIALLY REGISTER TO ENGAGE IN SALTWATER RECREATION-
AL FISHING:
  (I)  BY  APPEARING  BEFORE A REGISTRATION AGENT, AS ESTABLISHED BY THE
COMMISSIONER; OR
  (II) THROUGH A PUBLICLY ACCESSIBLE ONLINE REGISTRATION SYSTEM  ON  THE
DEPARTMENT WEBSITE; OR
  (III)  THROUGH  A  PUBLICLY  ACCESSIBLE TELEPHONIC REGISTRATION SYSTEM
OPERATED BY THE DEPARTMENT. THE COMMISSIONER SHALL ESTABLISH A TOLL-FREE
TELEPHONE NUMBER OR A DEDICATED NUMBER FOR USE TO REGISTER  PURSUANT  TO
THIS SECTION.
  C. A PERSON MAY RENEW HIS OR HER REGISTRATION UNDER THIS SECTION:
  (I)  BY  APPEARING  BEFORE A REGISTRATION AGENT, AS ESTABLISHED BY THE
COMMISSIONER; OR
  (II) THROUGH A PUBLICLY ACCESSIBLE ONLINE REGISTRATION SYSTEM  ON  THE
DEPARTMENT WEBSITE; OR
  (III)  THROUGH  A  PUBLICLY  ACCESSIBLE TELEPHONIC REGISTRATION SYSTEM
OPERATED BY THE DEPARTMENT. THE COMMISSIONER SHALL ESTABLISH A TOLL-FREE
TELEPHONE NUMBER OR A DEDICATED NUMBER FOR USE TO RENEW REGISTRATIONS ON
THE REGISTRY.
  D. A PERSON PURCHASING A FISHING LICENSE UNDER SECTION 11-0701 OF THIS
CHAPTER SHALL BE ASKED IF THE PERSON INTENDS TO FISH  IN  SALTWATER  FOR
THE  CALENDAR YEAR. IF THE PERSON ANSWERS IN THE AFFIRMATIVE, THE PERSON
SHALL BE INFORMED OF THE REQUIREMENTS UNDER THIS SECTION.
  4. UNIQUE IDENTIFICATION NUMBER REQUIRED. A.  EACH  PERSON  REGISTERED
SHALL  AT ALL TIMES HAVE THEIR UNIQUE IDENTIFICATION NUMBER ON THE HOLD-
ER'S PERSON WHILE EXERCISING ANY PRIVILEGE OF THE REGISTRATION.
  B. FAILURE TO HAVE A UNIQUE  IDENTIFICATION  NUMBER  ON  ONE'S  PERSON
WHILE  EXERCISING  ANY    PRIVILEGE  OF  THE REGISTRATION IS PRESUMPTIVE
EVIDENCE THAT  SUCH  PERSON  IS  FISHING  WITHOUT  BEING  REGISTERED  AS
REQUIRED BY THIS SECTION.
  5.  FEES. A FEE FOR REGISTERING ON THE REGISTRY MAY NOT BE ESTABLISHED
OR LEVIED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A  PERSON  REGIS-
TERING  THROUGH  AN  ONLINE OR TELEPHONIC REGISTRATION SYSTEM MAY NOT BE
CHARGED A FEE FOR REGISTERING.
  6. EXEMPTION FROM REQUIREMENT OF SALTWATER RECREATIONAL FISHING REGIS-
TRATION. A. MINORS UNDER THE AGE OF SIXTEEN MAY TAKE  FISH  AS  IF  THEY
WERE REGISTERED WITH THE SALTWATER RECREATIONAL FISHING REGISTRY.
  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.
  7. FEDERAL REGISTRATION  REQUIREMENTS.  A.  THE  REGISTRY  ESTABLISHED
PURSUANT  TO THIS SECTION SHALL COMPLY WITH THE PROVISIONS OF THE REGIS-
TRY PROGRAM TO BE ESTABLISHED PURSUANT TO THE  MAGNUSON-STEVENS  FISHERY
CONSERVATION  AND  MANAGEMENT  REAUTHORIZATION ACT, 16 U.S.C. SS 1801 ET
SEQ.
  B. UPON ESTABLISHMENT OF THE REGISTRY PURSUANT TO  THIS  SECTION,  THE
COMMISSIONER SHALL APPLY TO THE NATIONAL MARINE FISHERIES SERVICE OF THE
NATIONAL  OCEANIC  AND  ATMOSPHERIC  ADMINISTRATION  FOR  EXEMPTED STATE
DESIGNATION FROM THE FEDERAL REGISTRATION REQUIREMENTS.

S. 2810--B                         40

  8. RECIPROCITY IN BOUNDARY WATERS. IF PERSONS REGISTERED  PURSUANT  TO
THIS  SECTION  IN  THE  SALTWATER  RECREATIONAL FISHING REGISTRY 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 SIMILARLY REGISTERED OR LICENSED BY SUCH STATE MAY, WITHOUT BEING
REGISTERED PURSUANT TO THIS SECTION IN THE SALTWATER RECREATIONAL  FISH-
ING  REGISTRY,  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 THE LONG ISLAND SOUND
LYING BETWEEN NEW YORK AND CONNECTICUT.
  B.  LICENSE  ISSUED  BY  NEW  JERSEY:  THOSE PARTS OF NEW YORK HARBOR,
HUDSON RIVER, KILL VAN KULL, ARTHUR KILL, RARITAN BAY AND ATLANTIC OCEAN
LYING BETWEEN NEW YORK AND NEW JERSEY.
  C. LICENSE ISSUED BY RHODE ISLAND: THOSE  PARTS  OF  THE  LONG  ISLAND
SOUND,  BLOCK ISLAND SOUND AND ATLANTIC OCEAN LYING BETWEEN NEW YORK AND
RHODE ISLAND.
  S 3. Any person who purchased a lifetime recreational  marine  fishing
license shall be refunded the amount of the fee he or she paid in excess
of a single season license.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  any regulations necessary for the timely implementation of this act
on its effective date are authorized to be promulgated before such date.

                                 PART GG

  Section 1. Section 19-0323 of the environmental conservation  law,  as
added  by  chapter  629  of the laws of 2006, subdivision 5 as added and
subdivisions 6, 7 and 8 as renumbered by section 1 of part C of  chapter
59 of the laws of 2010, is amended to read as follows:
S 19-0323.  Use of ultra low sulfur diesel fuel and best available tech-
             nology by the state.
  1. As used in this section, the terms:
  a. "Ultra low sulfur diesel fuel"  means  diesel  fuel  having  sulfur
content of 0.0015 per cent of sulfur or less.
  b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle
powered by diesel fuel and having a gross vehicle weight of greater than
8,500  pounds,  except that those vehicles defined in section 101 of the
vehicle and traffic law, paragraph 2 of schedule E and paragraph (a)  of
schedule  F  of  subdivision  7 of section 401 of such law, and vehicles
specified in subdivision 13 of section 401 of such law,  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  grow-
ing, harvesting or handling farm produce, and self-propelled caterpillar
or crawler-type equipment while being operated on the contract site, and
timber  harvesting equipment such as harvesters, wood chippers, forward-
ers, log skidders, and other processing equipment used  exclusively  off
highway  for timber harvesting and logging purposes, shall not be deemed
heavy duty vehicles for purposes of this section.  This term  shall  not
include  vehicles  that are specially equipped for emergency response by
the department, office of emergency management, sheriff's office of  the
department of finance, police department or fire department.

S. 2810--B                         41

  c.  "Best available retrofit technology" means technology, verified by
the United States environmental protection agency for reducing the emis-
sion of pollutants that achieves reductions in particulate matter  emis-
sions  at  the  highest classification level for diesel emission control
strategies  that is applicable to the particular engine and application.
Such technology shall also, at a reasonable cost, achieve  the  greatest
reduction  in  emissions  of  nitrogen oxides at such particulate matter
reduction level and shall in no event result in a net  increase  in  the
emissions of either particulate matter or nitrogen oxides.
  d.  "Reasonable cost" means that such technology does not cost greater
than 30 percent more than other technology applicable to the  particular
engine  and  application that falls within the same classification level
for diesel emission control strategies, as set forth in paragraph  c  of
this  subdivision,  when  considering  the cost of the strategies, them-
selves, and the cost of installation.
  2. Any diesel powered heavy duty vehicle that is owned by, operated by
[or on behalf of,] or leased by a state agency and  state  and  regional
public authority shall be powered by ultra low sulfur diesel fuel.
  3. Any diesel powered heavy duty vehicle that is owned by, operated by
[or  on  behalf  of,] or leased by a state agency and state and regional
public authority with more than half of its governing body appointed  by
the  governor  shall  utilize the best available retrofit technology for
reducing the emission of pollutants. The commissioner  shall  promulgate
regulations for the implementation of this subdivision specifying proce-
dures for compliance according to the following schedule:
  a.  [Not  less  than  33%  of the vehicles covered by this subdivision
shall have best available retrofit technology on or before December  31,
2008.
  b.]  Not  less  than  66%  of the vehicles covered by this subdivision
shall have best available retrofit technology on or before December  31,
[2009] 2012.
  [c.]  B.  All  vehicles  covered  by  this subdivision shall have best
available retrofit technology on or before December 31, [2010] 2014.
  This subdivision shall not apply to any vehicle subject to a lease  or
public  works  contract  entered  into or renewed prior to the effective
date of this section.
  4. In addition to other provisions for regulations  in  this  section,
the commissioner shall promulgate regulations as necessary and appropri-
ate to carry out the provisions of this act including but not limited to
provision  for waivers upon written finding by the commissioner that (a)
best available retrofit technology for reducing the emissions of  pollu-
tants  as required by subdivision 3 of this section is not available for
a particular vehicle or class of vehicles and (b) that ultra low  sulfur
diesel fuel is not available.
  5.  In addition to any waiver which may be issued pursuant to subdivi-
sion four of this section, the department shall  issue  a  waiver  to  a
state agency, a state or regional public authority, [or a person operat-
ing  any diesel-powered heavy duty vehicle on behalf of a state agency,]
state or regional public authority, upon a request in a form  acceptable
to  the department for a waiver from the provisions of subdivision three
of this section for a vehicle engine provided that such  vehicle  engine
will  cease  to be used in the state on or before December thirty-first,
two thousand thirteen. Any waiver issued pursuant  to  this  subdivision
shall  expire when a state agency, a state or regional public authority,
[or a person operating any diesel-powered heavy duty vehicle  on  behalf
of a state agency,] state or regional public authority ceases to use the

S. 2810--B                         42

engine  in the state but not later than December thirty-first, two thou-
sand [thirteen] FOURTEEN.
  6. This section shall not apply where federal law or funding precludes
the state from imposing the requirements of this section.
  7. On or before January 1, 2008 and every year thereafter, the commis-
sioner  shall report to the governor and legislature on the use of ultra
low sulfur diesel fuel and the use of the best available retrofit  tech-
nology as required under this section. The information contained in this
report  shall  include, but not be limited to, for each state agency and
public authority covered by this section: (a) the total number of diesel
fuel-powered motor vehicles owned or operated by such agency and author-
ity; (b) the number of such motor vehicles that were  powered  by  ultra
low  sulfur  diesel  fuel;  (c)  the total number of diesel fuel-powered
motor vehicles owned or operated by such agency and authority  having  a
gross vehicle weight rating of more than 8,500 pounds; (d) the number of
such  motor vehicles that utilized the best available retrofit technolo-
gy, including a breakdown by motor vehicle model, engine  year  and  the
type  of  technology used for each vehicle; (e) the number of such motor
vehicles that are equipped with an engine certified  to  the  applicable
2007 United States environmental protection agency standard for particu-
late matter as set forth in section 86.007-11 of title 40 of the code of
federal  regulations  or  to  any subsequent United States environmental
protection agency standard for particulate matter that is  at  least  as
stringent; and (f) all waivers, findings, and renewals of such findings,
which,  for each waiver, shall include, but not be limited to, the quan-
tity of diesel fuel needed to power diesel fuel-powered  motor  vehicles
owned  or  operated  by  such agency and authority; specific information
concerning the availability of ultra low sulfur diesel fuel.
  8. The department shall, to the extent  practicable,  coordinate  with
regions  which  have  proposed or adopted heavy duty emission inspection
programs to promote regional consistency in such programs.
  S 2. This act shall take effect immediately.

                                 PART HH

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 1265-c to read as follows:
  S  1265-C.  INDEPENDENT  FORENSIC  AUDIT. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE AUTHORITY SHALL, WITHIN SIXTY DAYS OF  THE  EFFEC-
TIVE  DATE  OF THIS SECTION, CONTRACT WITH A CERTIFIED PUBLIC ACCOUNTING
FIRM FOR THE PROVISION OF AN INDEPENDENT, COMPREHENSIVE, FORENSIC  AUDIT
OF  THE  AUTHORITY.  SUCH  AUDIT  SHALL  BE PERFORMED IN ACCORDANCE WITH
GENERALLY ACCEPTED GOVERNMENT AUDITING STANDARDS. SUCH  AUDIT  SHALL  BE
INDEPENDENT OF AND IN ADDITION TO THE INDEPENDENT AUDIT OF THE AUTHORITY
CONDUCTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER.
  2.  THE  CERTIFIED  INDEPENDENT  PUBLIC  ACCOUNTING FIRM PROVIDING THE
AUTHORITY'S INDEPENDENT, COMPREHENSIVE, FORENSIC AUDIT SHALL BE  PROHIB-
ITED  IN  PROVIDING  AUDIT  SERVICES IF THE LEAD (OR COORDINATING) AUDIT
PARTNER (HAVING PRIMARY RESPONSIBILITY FOR  THE  AUDIT),  OR  THE  AUDIT
PARTNER  RESPONSIBLE  FOR  REVIEWING  THE  AUDIT,  HAS  PERFORMED  AUDIT
SERVICES FOR THE AUTHORITY WITHIN ANY OF THE TEN PREVIOUS  FISCAL  YEARS
OF THE AUTHORITY.
  3.  THE  CERTIFIED  INDEPENDENT  ACCOUNTING  FIRM PERFORMING THE AUDIT
PURSUANT TO THIS SECTION SHALL BE PROHIBITED FROM PERFORMING ANY NON-AU-
DIT SERVICES FOR THE AUTHORITY CONTEMPORANEOUSLY WITH THE AUDIT.

S. 2810--B                         43

  4. IT  SHALL  BE  PROHIBITED  FOR  THE  CERTIFIED  INDEPENDENT  PUBLIC
ACCOUNTING  FIRM  TO  PERFORM FOR THE AUTHORITY ANY AUDIT SERVICE IF THE
CHIEF EXECUTIVE OFFICER, COMPTROLLER,  CHIEF  FINANCIAL  OFFICER,  CHIEF
ACCOUNTING OFFICER OR ANY OTHER PERSON SERVING IN AN EQUIVALENT POSITION
IN  THE  AUTHORITY WAS AN EMPLOYEE, CONSULTANT OR INDEPENDENT CONTRACTOR
OF THAT CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM AND PARTICIPATED IN
ANY CAPACITY IN THE AUDIT OF THE AUTHORITY AT ANY TIME IN THE PAST.
  5. THE CERTIFIED INDEPENDENT  PUBLIC  ACCOUNTING  FIRM  CONTRACTED  TO
PERFORM  THE  INDEPENDENT COMPREHENSIVE, FORENSIC AUDIT OF THE AUTHORITY
SHALL, ON OR BEFORE JANUARY FIRST, TWO  THOUSAND  THIRTEEN,  REPORT  ITS
FINDINGS,  CONCLUSIONS  AND  RECOMMENDATIONS  TO THE GOVERNOR, THE STATE
COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER  OF  THE
ASSEMBLY,  THE  CHAIR  AND RANKING MINORITY MEMBER OF THE SENATE FINANCE
COMMITTEE, THE CHAIR AND RANKING MINORITY MEMBER OF  THE  ASSEMBLY  WAYS
AND  MEANS  COMMITTEE,  THE  CHAIRS  AND RANKING MINORITY MEMBERS OF THE
SENATE  AND  THE  ASSEMBLY  CORPORATIONS,  AUTHORITIES  AND  COMMISSIONS
COMMITTEES,  AND  THE  CHAIRS AND RANKING MINORITY MEMBERS OF THE SENATE
AND THE ASSEMBLY TRANSPORTATION COMMITTEES.
  S 2. This act shall take effect immediately, and shall expire  and  be
deemed repealed January 2, 2013.

                                 PART II

  Section  1. Section 5 of the public service law is amended by adding a
new subdivision 7 to read as follows:
  7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  COMMISSION  SHALL
HAVE  NO  AUTHORITY  OVER  ANY  SERVICE, CLASS OF SERVICES OR TECHNOLOGY
OFFERED OR USED BY A TELEPHONE CORPORATION AS DEFINED IN SECTION TWO  OF
THIS  ARTICLE OR BY A CABLE TELEVISION COMPANY AS DEFINED IN SECTION TWO
HUNDRED TWELVE OF THIS CHAPTER THAT IT DID NOT ACTIVELY REGULATE  AS  OF
JANUARY FIRST, TWO THOUSAND ELEVEN. THE COMMISSION SHALL HAVE NO AUTHOR-
ITY  TO  PROHIBIT,  REQUIRE  OR  OTHERWISE DIRECT ANY ENTITY'S CHOICE OF
TECHNOLOGY FOR ANY PURPOSE.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through II of this act shall be
as specifically set forth in the last section of such Parts.

S2810C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4010C
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S2810C (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2810C

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


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


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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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


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

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

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

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

                            February 1, 2011
                               ___________

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

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

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

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

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

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

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

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

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

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

                                 PART A

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

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

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

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

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

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

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

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

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

                                 PART B

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

                                 PART C

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

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

                                 PART D

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

                                 PART E

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

                                 PART F

  Intentionally omitted.

                                 PART G

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

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

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

                                 PART H

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

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

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

                                 PART I

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

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

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

                                 PART J

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

                                 PART K

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

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

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

                                 PART L

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

                                 PART M

  Intentionally omitted.

                                 PART N

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

  Intentionally omitted.

                                 PART O

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

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

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

                                 PART P

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

                                 PART Q

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

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

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

                                 PART R

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

                                 PART S

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

                                 PART T

  Intentionally omitted.

                                 PART U

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

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

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

                                 PART V

  Intentionally omitted.

                                 PART W

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

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

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

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

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

                                 PART X

  Intentionally omitted.

                                 PART Y

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

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

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

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

                                 PART Z

  Intentionally omitted.

                                 PART AA

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

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

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

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

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

             Licenses                               Fees
      a. Lifetime sportsman
     license and turkey

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

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

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

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

      for a person age seventy
      and over.                                     $65.00

      b. Lifetime small and
     big game license.                              $535.00

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

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

      e. Lifetime trapping
     license.                                       $395.00

      f. Lifetime archery
     stamp.                                         $235.00

      g. Lifetime muzzle-
     loading stamp.                                 $235.00

      [h. Lifetime recreational
     marine fishing license.                        $150.00

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

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

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

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

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

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

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

                                 PART BB

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

                                 PART CC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                                 PART DD

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

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

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

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

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

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

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

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

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

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

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

                                 PART EE

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

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

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

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