Senate Bill S2608

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

    S. 2608--A                                            A. 3008--A

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

                            January 22, 2013
                               ___________

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  2013-2014 (Part A); to amend the tax law, in relation to
  the statewide transmission tax (Part B);  to  amend  the  vehicle  and
  traffic  law,  in relation to imposing drivers license sanctions (Part
  C); to amend the vehicle and traffic law, in relation to the hours  of
  operation  of  the department of motor vehicles (Part D); to amend the
  public authorities law, in relation to enforcement assistance; and  to
  repeal  section  357-a of such law relating to payment by the New York
  state thruway authority for services provided by the division of state
  police (Part E); to amend the environmental conservation law  and  the
  state  finance  law, in relation to establishing the "Cleaner, Greener
  NY Act of 2013"; and repealing section 27-1017  of  the  environmental
  conservation law relating thereto (Part F); to amend the environmental
  conservation  law,  in relation to waste tire management and recycling
  fees (Part G); 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 H); to amend
  chapter 58 of the laws of 2012 amending  the  public  authorities  law
  relating  to authorizing the dormitory authority to enter into certain
  design and construction management agreements, in relation to  extend-
  ing  certain  authority of the dormitory authority of the state of New
  York (Part I); Intentionally omitted (Part J); 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 K);  to  authorize
  the  New  York  state  energy  research  and  development authority to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12573-02-3

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  finance a portion of its research, development and  demonstration  and
  policy  and  planning  programs  from  assessments on gas and electric
  corporations (Part L);  to  authorize  the  department  of  health  to
  finance  certain activities with revenues generated from an assessment
  on cable television companies (Part M); to amend  the  public  service
  law,  in  relation to extending the temporary state energy and utility
  conservation assessment; and to amend section 6 of part NN of  chapter
  59  of  the  laws  of 2009 amending the public service law relating to
  financing the operations of the  department  of  public  service,  the
  public  service  commission,  department support and energy management
  services provided by other  state  agencies,  increasing  the  utility
  assessment  cap  and  the minimum threshold for collection thereunder,
  and establishing a temporary state energy and utility service  conser-
  vation  assessment  and  providing  for  the  collection  thereof,  in
  relation to extending the effectiveness thereof (Part N); to amend the
  public service law, in relation to  strengthening  the  oversight  and
  enforcement  mechanisms of the Public Service Commission; to amend the
  general business law, in  relation  to  expanding  the  definition  of
  underground facilities and increasing fines for violations relating to
  the  protection  of  underground  facilities;  and  to  repeal certain
  provisions of the public service law relating  thereto  (Part  O);  to
  amend  chapter  21  of  the  laws  of 2003, amending the executive law
  relating to permitting the  secretary  of  state  to  provide  special
  handling  for  all documents filed or issued by the division of corpo-
  rations and to permit additional levels of such expedited service,  in
  relation  to  extending  the  expiration date thereof (Part P); and to
  amend the banking law, the cooperative corporations law,  the  general
  business  law,  and the not-for-profit corporation law, in relation to
  facilitating an online corporate filing system by  removing  the  type
  classification  system  for  not-for-profit  corporations;  to  repeal
  certain provisions of the not-for-profit corporation law and the reli-
  gious corporations law, relating thereto (Subpart  A);  to  amend  the
  business corporation law, the education law, the general business law,
  the limited liability company law, the not-for-profit corporation law,
  the  partnership  law,  the  private  housing  finance law, the public
  health law and the transportation corporations  law,  in  relation  to
  facilitating online filing by authorizing self-certification by filers
  with  regard to required consents; to repeal certain provisions of the
  business corporation  law  and  the  not-for-profit  corporation  law,
  relating  thereto  (Subpart B); to amend the business corporation law,
  the limited liability company law, the not-for-profit corporation  law
  and the partnership law, in relation to authorizing electronic attend-
  ance  at  meetings (Subpart C); to amend the business corporation law,
  the limited liability company law and the  not-for-profit  corporation
  law,  in  relation  to  who may act as an incorporator (Subpart D); to
  amend the general associations law, in  relation  to  serving  process
  upon the secretary of state as agent (Subpart E) (Part Q)

  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 2013-2014
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through Q. The effective date for each  particular

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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
                    2013-14               $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

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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
                    2013-14               $363,097,000
  S 2. This act shall take effect immediately.

                                 PART B

  Section 1. Subdivision 3 of section 205 of the tax law,  as  added  by
section  8  of  part U1 of chapter 62 of the laws of 2003, is amended to
read as follows:
  3. [From the] THE moneys collected from the taxes imposed by  sections
one  hundred eighty-three and one hundred eighty-four of this article on
and after April first, two thousand  [four]  THIRTEEN,  after  reserving
amounts  for refunds or reimbursements, SHALL BE DISTRIBUTED AS FOLLOWS:
twenty percent of such moneys shall be deposited to the  credit  of  the
dedicated  highway  and bridge trust fund established by section eighty-
nine-b of the state finance law[. The remainder], FIFTY-FOUR PERCENT  OF
SUCH  MONEYS  shall  be  deposited  in the mass transportation operating
assistance fund to the credit of the  metropolitan  mass  transportation
operating  assistance account created pursuant to section eighty-eight-a
of the state finance law AND TWENTY-SIX PERCENT OF SUCH MONEYS SHALL  BE
DEPOSITED  IN  THE  MASS TRANSPORTATION OPERATING ASSISTANCE FUND TO THE
CREDIT OF THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT
CREATED PURSUANT TO SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner  as  the expiration and repeal of subdivision 3 of section 205 of
the tax law per section 2 of part P of chapter 59 of the laws  of  2012,
as  amended;  provided, however, that the amendments to subdivision 3 of
section 205 of the tax law made by section one of  this  act  shall  not

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affect the repeal of such subdivision and shall be deemed repealed ther-
ewith.

                                 PART C

  Section  1.  Paragraph  (a)  of  subdivision 4 of section 510-a of the
vehicle and traffic law, as amended by section 14 of part E  of  chapter
60 of the laws of 2005, is amended to read as follows:
  (a)  A  serious  traffic  violation  shall mean operating a commercial
motor vehicle IN  VIOLATION  OF  A  STATE  OR  LOCAL  LAW  OR  ORDINANCE
RESTRICTING  OR PROHIBITING THE USE OF A HAND-HELD MOBILE TELEPHONE OR A
PORTABLE  ELECTRONIC  DEVICE  WHILE  DRIVING  OR  in  violation  of  any
provision  of  this chapter or the laws of any other state, the District
of Columbia or any Canadian province which (i) limits the speed of motor
vehicles, provided the violation involved fifteen or more miles per hour
over the established speed limit; (ii) is defined as reckless driving by
state or local law or regulation; (iii) prohibits  improper  or  erratic
lane  change; (iv) prohibits following too closely; (v) relates to motor
vehicle traffic (other than parking, standing  or  stopping)  and  which
arises  in connection with a fatal accident; (vi) operating a commercial
motor vehicle without first obtaining a commercial driver's  license  as
required  by  section  five hundred one of this title; (vii) operating a
commercial motor vehicle without a commercial driver's  license  in  the
driver's  possession;  or  (viii)  operating  a commercial motor vehicle
without the proper class of commercial driver's license and/or  endorse-
ment  for  the  specific vehicle being operated or for the passengers or
type of cargo being transported.
  S 2. Paragraphs (c) and (e) of subdivision 1 of section 1225-c of  the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended to read as follows:
  (c)  "Using" shall mean holding a mobile telephone to, or in the imme-
diate proximity of, the user's ear, DIALING OR ANSWERING A MOBILE  TELE-
PHONE  BY  PRESSING  MORE THAN A SINGLE BUTTON, OR REACHING FOR A MOBILE
TELEPHONE IN A MANNER THAT REQUIRES A DRIVER TO MANEUVER  SO  THAT  SUCH
DRIVER IS NO LONGER IN A SEATED POSITION, RESTRAINED BY A SEAT BELT THAT
IS INSTALLED IN ACCORDANCE WITH 49 CFR 393.93 AND ADJUSTED IN ACCORDANCE
WITH THE VEHICLE MANUFACTURER'S INSTRUCTIONS.
  (e)  "Hands-free  mobile telephone" shall mean a mobile telephone that
has an internal feature or function, or that is equipped with an attach-
ment or addition, whether or not permanently part of such  mobile  tele-
phone, by which a user engages in a call without the use of either hand,
whether  or not the use of either hand is necessary to activate, deacti-
vate or initiate a function of such telephone, PROVIDED, HOWEVER, THAT A
TELEPHONE THAT REQUIRES DIALING OR ANSWERING SUCH TELEPHONE BY  PRESSING
MORE THAN A SINGLE BUTTON SHALL NOT CONSTITUTE A HANDS-FREE MOBILE TELE-
PHONE.
  S  3. Paragraphs (a) and (b) of subdivision 2 of section 1225-c of the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended and a new paragraph (d) is added to read as follows:
  (a) Except as otherwise provided in  this  section,  no  person  shall
operate a motor vehicle upon a public highway while using a mobile tele-
phone  to  engage  in  a call while such vehicle is in motion, PROVIDED,
HOWEVER, NO PERSON SHALL OPERATE A COMMERCIAL MOTOR VEHICLE, AS  DEFINED
IN  SUBDIVISION  FOUR-A  OF SECTION TWO OF THE TRANSPORTATION LAW, WHILE
USING A MOBILE TELEPHONE ON A PUBLIC HIGHWAY, INCLUDING WHILE  TEMPORAR-
ILY  STATIONARY  BECAUSE  OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER

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MOMENTARY DELAYS. THE OPERATOR OF A COMMERCIAL MOTOR VEHICLE MAY  USE  A
MOBILE  TELEPHONE  WHEN  SUCH OPERATOR HAS MOVED THE VEHICLE TO THE SIDE
OF, OR OFF, A HIGHWAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN
REMAIN  STATIONARY UNLESS STOPPING IS PROHIBITED BY LAW, RULES AND REGU-
LATIONS OR BY A DIRECTIVE OF LAW ENFORCEMENT.
  (b) An operator of [a] ANY motor vehicle who holds a mobile  telephone
to,  or  in the immediate proximity of his or her ear while such vehicle
is in motion is presumed to be engaging in a call within the meaning  of
this  section, PROVIDED, HOWEVER, THAT AN OPERATOR OF A COMMERCIAL MOTOR
VEHICLE WHO HOLDS A MOBILE TELEPHONE TO, OR IN THE  IMMEDIATE  PROXIMITY
OF  HIS  OR HER EAR WHILE SUCH VEHICLE IS TEMPORARILY STATIONARY BECAUSE
OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS IS  ALSO
PRESUMED  TO  BE  ENGAGING IN A CALL WITHIN THE MEANING OF THIS SECTION.
The  presumption  established  by  this  subdivision  is  rebuttable  by
evidence tending to show that the operator was not engaged in a call.
  (D)  NO  MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A HAND-HELD MOBILE TELEPHONE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S 4. Subdivision 1 of section 1225-d of the vehicle and  traffic  law,
as  added  by  chapter  403  of  the laws of 2009, is amended to read as
follows:
  1. Except as otherwise provided in this section, no person shall oper-
ate a motor vehicle while using any  portable  electronic  device  while
such  vehicle is in motion, PROVIDED, HOWEVER, NO PERSON SHALL OPERATE A
COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION  FOUR-A  OF  SECTION
TWO  OF THE TRANSPORTATION LAW, WHILE USING A PORTABLE ELECTRONIC DEVICE
ON A PUBLIC HIGHWAY, INCLUDING WHILE TEMPORARILY STATIONARY  BECAUSE  OF
TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS. THE OPERA-
TOR  OF  A COMMERCIAL MOTOR VEHICLE MAY USE A PORTABLE ELECTRONIC DEVICE
WHEN SUCH OPERATOR HAS MOVED THE VEHICLE TO THE SIDE OF, OR OFF, A HIGH-
WAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN REMAIN STATIONARY
UNLESS STOPPING IS PROHIBITED BY LAW, RULES, AND  REGULATIONS  OR  BY  A
DIRECTIVE OF LAW ENFORCEMENT.
  S  5.  Section  1225-d  of  the  vehicle and traffic law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. NO MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN OF  SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A PORTABLE ELECTRONIC DEVICE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S  6. Paragraphs (a) and (b) of subdivision 2 of section 1225-d of the
vehicle and traffic law, as added by chapter 403 of the  laws  of  2009,
are amended to read as follows:
  (a) "Portable electronic device" shall mean any hand-held mobile tele-
phone,  as  defined by subdivision one of section twelve hundred twenty-
five-c of this  article,  personal  digital  assistant  (PDA),  handheld
device  with  mobile  data  access,  laptop  computer,  pager, broadband
personal communication  device,  two-way  messaging  device,  electronic
game,  or  portable  computing device OR ANY OTHER DEVICE USED TO INPUT,
WRITE, SEND, RECEIVE OR READ TEXT.
  (b) "Using" shall mean holding  a  portable  electronic  device  while
viewing,  taking or transmitting images, INSTANT MESSAGING, PERFORMING A
COMMAND OR REQUEST TO ACCESS A WORLD WIDE WEB PAGE,  playing  games,  or
composing, sending, reading, viewing, accessing, browsing, transmitting,
saving or retrieving e-mail, text messages, or other electronic data.
  S  7.  This  act shall take effect October 28, 2013 and shall apply to
violations committed on or after such date.

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                                 PART D

  Section  1.  Subdivision  1  of section 200 of the vehicle and traffic
law, as amended by chapter 60 of the laws of 1993, is amended to read as
follows:
  1. There shall be in the state government a department of motor  vehi-
cles.    The  head  of the department shall be the commissioner of motor
vehicles who shall be appointed by the governor, by and with the  advice
and  consent of the senate, and hold office until the end of the term of
the appointing governor and until a successor is appointed and has qual-
ified, and who shall receive an annual salary within the  amount  appro-
priated  therefor.  The  commissioner  of  motor vehicles shall have the
immediate charge of the department. The commissioner of  motor  vehicles
may  appoint, and at pleasure remove, such deputy commissioners of motor
vehicles, inspectors, examiners and other assistants  and  employees  of
the  department  as  are  deemed necessary, within the amounts available
therefor by appropriation. The commissioner of motor  vehicles  and  all
other officers and employees of the department shall be paid and allowed
their necessary, actual and reasonable expenses incurred in the exercise
of  their  duties.  All salaries and expenses of the department shall be
paid out of the state treasury on the audit and  warrant  of  the  comp-
troller  on  the  certificate of the commissioner of motor vehicles. The
principal office of the department shall  be  in  the  city  of  Albany.
NOTWITHSTANDING  THE PROVISIONS OF SECTION SIXTY-TWO OF THE PUBLIC OFFI-
CERS LAW, THE COMMISSIONER  OF  MOTOR  VEHICLES  MAY  DESIGNATE  CERTAIN
BRANCH  OFFICES  OF  THE  DEPARTMENT  TO BE OPEN TO SERVE THE PUBLIC AND
TRANSACT BUSINESS ON SATURDAYS.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Section 357-a of public authorities law is REPEALED  and  a
new section 357-a is added to read as follows:
  S  357-A. STATE POLICE AND STATE PAYMENT FOR SERVICES.  1. ENFORCEMENT
ASSISTANCE SHALL BE PROVIDED BY THE DIVISION OF STATE POLICE AT A  LEVEL
CONSISTENT WITH HISTORICAL PRECEDENTS, AS A MATTER OF STATE INTEREST, ON
ALL  SECTIONS  OF  THE  THRUWAY.  THE  AUTHORITY SHALL PROVIDE GOODS AND
SERVICES TO THE DIVISION OF STATE POLICE IN CONNECTION WITH ITS ENFORCE-
MENT ACTIVITY ON THE THRUWAY. THE  DIVISION  OF  STATE  POLICE  AND  THE
AUTHORITY  SHALL  ENTER  INTO  AN  AGREEMENT IDENTIFYING THOSE GOODS AND
SERVICES THAT THE AUTHORITY WILL PROVIDE TO THE DIVISION OF STATE POLICE
AND DETERMINE REPORTING AND  OTHER  REQUIREMENTS  RELATED  THERETO.  ANY
COSTS  BORNE  BY THE STATE POLICE OUTSIDE OF SUCH AGREEMENT SHALL NOT BE
REIMBURSED BY THE AUTHORITY NOR  SHALL  THEY  BE  DEEMED  COSTS  OF  THE
AUTHORITY.
  2.  THE  STATE  SHALL BE RESPONSIBLE FOR ADDITIONAL GOODS AND SERVICES
PROVIDED BY THE AUTHORITY EQUAL TO TWENTY-FOUR MILLION DOLLARS  IN  EACH
CALENDAR  YEAR.  SUCH  GOODS AND SERVICES SHALL BE DEEMED TO BE COSTS TO
THE STATE AND NOT OPERATING COSTS OF THE AUTHORITY.  THE  AUTHORITY  AND
THE DIRECTOR OF THE DIVISION OF THE BUDGET SHALL ENTER INTO AN AGREEMENT
IDENTIFYING  ANY  SUCH  STATE  COSTS  AND  DETERMINE REPORTING AND OTHER
REQUIREMENTS RELATED THERETO.
  3. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE  AUTHORITY  SHALL  NOT
CONSTITUTE  A  PUBLIC  BENEFIT CORPORATION WITHIN THE MEANING OF SECTION
TWENTY-NINE HUNDRED SEVENTY-FIVE  OF  THIS  CHAPTER  AND  SHALL  NOT  BE
ASSESSED AN ANNUAL COST RECOVERY CHARGE UNDER SAID SECTION.

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  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2013.

                                 PART F

  Section  1.  This act shall be known and may be cited as the "Cleaner,
Greener NY act of 2013."
  S 2. Subdivision 2-a of section 27-1003 of the environmental conserva-
tion law, as added by section 3 of part SS of chapter 59 of the laws  of
2009, is amended to read as follows:
  2-a. "Bottler" means a person, firm or corporation who:
  a.  bottles, cans or otherwise packages beverages in beverage contain-
ers except that if such packaging  is  for  [a  distributor]  ANY  OTHER
PERSON, FIRM OR CORPORATION having the right to bottle, can or otherwise
package  the  same  brand  of  beverage,  then  such [distributor] OTHER
PERSON, FIRM OR CORPORATION shall be the bottler; or
  b. imports filled beverage containers into the United States.
  S 3. Subdivisions 2, 3, 4, 5, 7, 8 and 11 of section  27-1007  of  the
environmental  conservation  law,  as  added  by section 4 of part SS of
chapter 59 of the laws of 2009, are amended to read as follows:
  2. A dealer shall post a conspicuous sign, at the point of sale,  that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

        STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE
  CONTAINERS OF THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE

YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
ACT:
  THE RIGHT to return your empties for refund to any  dealer  who  sells
the  same brand, type and size, whether you bought the beverage from the
dealer or not. It is illegal to return containers for refund  [that  you
did not pay] ON WHICH a deposit WAS NEVER PAID in New York state.
  THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
purchase.
  THE RIGHT to return your empties any day, any  hour,  except  for  the
first  and  last hour of the dealer's business day (empty containers may
be redeemed at any time in 24-hour stores).
  THE RIGHT to return your containers  if  they  are  REASONABLY  CLEAN,
empty  and  intact.   [Washing containers is not required by law, but is
strongly recommended to maintain sanitary conditions.]
  The New York state returnable container act can be enforced by the New
York state department of environmental conservation, the New York  state
department  of agriculture and markets, the New York state department of
taxation and finance, the New York state attorney general and/or by your
local government."
  Such sign must be no less than eight inches by ten inches in size  and
have  lettering a minimum of one quarter inch high, and of a color which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
violations of this title. The telephone number shall be  listed  on  any
sign required by this section.
  3. [On or after June first, two thousand nine, a] A dealer WHOSE PLACE
OF  BUSINESS IS LESS THAN TEN THOUSAND SQUARE FEET IN SIZE may limit the
number of empty beverage containers to be accepted for redemption at the

S. 2608--A                          9                         A. 3008--A

dealer's place of business to no less than  seventy-two  containers  per
visit, per redeemer, per day, provided that:
  (a) The dealer has a written agreement with a redemption center, be it
either  at  a  fixed physical location within the same county and within
ONE AND one-half mile of the dealer's place of  business,  or  a  mobile
redemption  center,  operated  by  a  redemption center, that is located
within [one-quarter] ONE mile of the dealer's  place  of  business.  The
redemption  center  must  have  a  written  agreement with the dealer to
accept containers on behalf of the dealer; and the  redemption  center's
hours of operation must cover at least 9:00 a.m. through 7:00 p.m. daily
or  in  the  case  of a mobile redemption center, the hours of operation
must cover at least four consecutive hours between 8:00  a.m.  and  8:00
p.m.  daily. The dealer must post a conspicuous, permanent sign, meeting
the  size  and color specifications set forth in subdivision two of this
section, open to public view, identifying  the  location  and  hours  of
operation  of  the  affiliated  redemption  center  or mobile redemption
center; [and] OR
  (b) The dealer provides, at a minimum, a consecutive two  hour  period
between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
to two hundred forty containers, per redeemer,  per  day,  and  posts  a
conspicuous,  permanent  sign, meeting the size and color specifications
set forth in subdivision two of this section, open to public view, iden-
tifying those hours. The dealer may not change the hours  of  redemption
without first posting a thirty day notice[; and
  (c) The dealer's primary business is the sale of food or beverages for
consumption  off-premises,  and  the  dealer's place of business is less
than ten thousand square feet in size].
  4. A deposit initiator shall accept from a dealer  or  operator  of  a
redemption  center  any  empty  beverage container of the design, shape,
size, color, composition and brand sold  or  offered  for  sale  by  the
deposit  initiator,  PROVIDED  SUCH  CONTAINERS  ARE  PROPERLY SORTED AS
DETERMINED IN RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER  and
shall pay the dealer or operator of a redemption center the refund value
of  each  such  beverage  container as established by section 27-1005 of
this title. A deposit initiator shall accept and redeem all  such  empty
beverage  containers  from a dealer or redemption center without limita-
tion on quantity.
  5. A deposit initiator's or distributor's failure  to  pick  up  empty
beverage  containers[, including containers processed in a reverse vend-
ing machine,] from a redemption center, dealer  or  the  operator  of  a
reverse vending machine, shall be a violation of this title.
  7.  A  deposit  initiator  [on  a  brand] WHO INITIATES A DEPOSIT ON A
BEVERAGE CONTAINER shall accept SUCH EMPTY BEVERAGE CONTAINER  from  [a]
AND  REIMBURSE  ANY  distributor who [does not initiate deposits on that
brand any] ACCEPTED AND REDEEMED SUCH empty beverage [containers of that
brand accepted by the distributor] CONTAINER from a dealer  or  operator
of  a  redemption  center  [and shall reimburse the distributor] FOR the
[refund value of each such beverage container, as established by section
27-1005 of this title] DEPOSIT AND HANDLING FEE PAID BY THE DISTRIBUTOR.
[In addition, the deposit initiator shall reimburse such distributor for
each such beverage container the handling fee established under subdivi-
sion six of this section.] Without limiting the rights of the department
or any person, firm or corporation under this subdivision or  any  other
provision  of  this  [section]  TITLE,  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

S. 2608--A                         10                         A. 3008--A

relief  against  continuing  violations,  and  until  arrangements   for
collection and return of empty containers or reimbursement of [such] THE
REDEEMING distributor for such deposits and handling fees are made.
  8. It shall be the responsibility of the deposit initiator or distrib-
utor  to provide to a dealer or redemption center a sufficient number of
bags, cartons, or other suitable containers, at no cost, for the packag-
ing, 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.   HOWEVER,  WHERE  PALLETS  OR  SKIDS,  BAGS,
CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
SIMILAR  EQUIPMENT,  A  DEPOSIT  INITIATOR  OR DISTRIBUTOR MAY REQUIRE A
DEALER OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST  USING
A  FORKLIFT  OR  SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION
CENTER.
  (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)  A  deposit  initiator or distributor shall pick up empty beverage
containers from the dealer or redemption center at reasonable times  and
intervals THAT SHALL ALSO TAKE INTO ACCOUNT A MINIMUM VOLUME OF CONTAIN-
ERS  NECESSARY  FOR SUCH A PICK UP as determined in rules or regulations
promulgated by the department OR  ON  A  SCHEDULE  MEETING  THE  MINIMUM
REQUIREMENTS OF SUCH REGULATIONS AND AGREED TO IN WRITING BY THE DEPOSIT
INITIATOR OR DISTRIBUTOR AND THE REDEMPTION CENTER.
  11.  [Notwithstanding  the  provisions  of  subdivision two of section
27-1009 of this title, a deposit initiator or distributor  shall  accept
and  redeem beverage containers as provided in this title, if the dealer
or operator of a redemption center shall  have  accepted  and  paid  the
refund  value  of  such  beverage  containers.] NO PERSON SHALL PROGRAM,
TAMPER WITH, MISUSE, RENDER INACCURATE, OR CIRCUMVENT THE PROPER  OPERA-
TION  OF  A  REVERSE  VENDING  MACHINE  TO ELICIT DEPOSIT MONIES WHEN NO
VALID, REDEEMABLE BEVERAGE CONTAINER HAS  BEEN  PLACED  IN  THE  REVERSE
VENDING MACHINE.
  S 4. Section 27-1009 of the environmental conservation law, as amended
by section 5 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1009. Refusal of acceptance.
  1.  A  dealer or operator of a redemption center [may] SHALL refuse to
accept from a redeemer, and a deposit  initiator  or  distributor  [may]
SHALL  refuse to accept from a dealer or operator of a redemption center
any empty beverage container which does not state thereon a refund value
as established by section 27-1005 and provided  by  section  27-1011  of
this title.
  2.  A  dealer  [or],  operator of a redemption center, DISTRIBUTOR, OR
DEPOSIT INITIATOR may also refuse to accept any BEVERAGE CONTAINER WHICH
IS NOT REASONABLY CLEAN OR CONTAINS  A  SIGNIFICANT  AMOUNT  OF  FOREIGN
MATERIAL,  ANY broken bottle, ANY corroded, CRUSHED or dismembered [can]

S. 2608--A                         11                         A. 3008--A

CONTAINER, or any  beverage  container  which  [contains  a  significant
amount of foreign material,] IS OTHERWISE ALTERED SO THAT IT IS RENDERED
UNREDEEMABLE as determined in rules and regulations to be promulgated by
the  commissioner.    SUCH  REFUSAL  MUST OCCUR AT THE TIME THE BEVERAGE
CONTAINER IS TENDERED FOR  REDEMPTION.  NOTWITHSTANDING  THE  FOREGOING,
CONTAINERS  PROCESSED  THROUGH  REVERSE VENDING MACHINES AUTHORIZED BY A
DISTRIBUTOR OR DEPOSIT INITIATOR, AS DOCUMENTED THROUGH REVERSE  VENDING
MACHINE  RECONCILIATION  STATEMENTS  OR  OTHER REASONABLE DOCUMENTATION,
SHALL BE ACCEPTED BY A DISTRIBUTOR OR DEPOSIT INITIATOR.
  S 5. Subdivision 1 of section 27-1011 of the  environmental  conserva-
tion  law,  as amended by chapter 149 of the laws of 1983, is amended to
read as follows:
  1. a. Every beverage container sold or offered for sale in this  state
[by a distributor or dealer] shall clearly indicate by permanently mark-
ing  or  embossing  the  container or by printing as part of the product
label the refund value of the container and the words "New York" or  the
letters "NY"[; provided, however, in the case of private label beverages
such information may be embossed or printed on a label which is securely
or permanently affixed to the beverage container. Private label beverag-
es  shall be defined as beverages purchased from a beverage manufacturer
in beverage containers bearing a brand name or  trademark  for  sale  at
retail  directly  by  the owner or licensee of such brand name or trade-
mark; or through retail dealers affiliated with such owner  or  licensee
by a cooperative or franchise agreement].
  b.  Such  embossing  or permanent imprinting on the beverage container
shall be the responsibility of the person,  firm  or  corporation  which
bottles,  cans  or otherwise fills or packages a beverage container or a
brand owner for whose exclusive  account  private  label  beverages  are
bottled,  canned or otherwise packaged; provided, however, that the duly
authorized agent of any such person, firm or  corporation  may  indicate
such  refund value by a label securely affixed on any beverage container
containing beverages imported into the United  States.    PRIVATE  LABEL
BEVERAGES  SHALL  BE  DEFINED  AS  BEVERAGES PURCHASED FROM A BOTTLER IN
BEVERAGE CONTAINERS BEARING A BRAND NAME OR TRADEMARK FOR SALE AT RETAIL
DIRECTLY BY THE OWNER OR LICENSEE OF SUCH BRAND NAME  OR  TRADEMARK;  OR
THROUGH RETAIL DEALERS AFFILIATED WITH SUCH OWNER OR LICENSEE BY A COOP-
ERATIVE OR FRANCHISE AGREEMENT.
  S 6. Subdivision 5, paragraph b of subdivision 9 and subdivision 12 of
section  27-1012  of  the  environmental  conservation  law, as added by
section 8 of part SS of chapter 59 of the laws of 2009, are  amended  to
read as follows:
  5.  All monies collected or received by the department of taxation and
finance pursuant to this title shall be deposited to the credit  of  the
comptroller  with such responsible banks, banking houses or trust compa-
nies as may be designated by the comptroller.  Such  deposits  shall  be
kept  separate  and apart from all other moneys in the possession of the
comptroller. The comptroller shall require adequate  security  from  all
such depositories. Of the total revenue collected, the comptroller shall
retain the amount determined by the commissioner of taxation and finance
to  be  necessary  for refunds out of which the comptroller must pay any
refunds to which a deposit initiator may be  entitled.  After  reserving
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[.]; PROVIDED,  HOWEVER,  THAT,  BEGINNING  APRIL

S. 2608--A                         12                         A. 3008--A

FIRST,  TWO  THOUSAND THIRTEEN, AND ALL FISCAL YEARS THEREAFTER, FIFTEEN
MILLION DOLLARS PLUS ALL FUNDS  RECEIVED  FROM  THE  PAYMENTS  DUE  EACH
FISCAL  YEAR  PURSUANT  TO SUBDIVISION FOUR OF THIS SECTION IN EXCESS OF
THE  AMOUNT RECEIVED FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND THIRTEEN, SHALL BE DEPOSITED TO THE CREDIT OF
THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION  NINE-
TY-TWO-S OF THE STATE FINANCE LAW.
  b.  Any  deposit  initiator  who fails to FILE REPORTS, MAKE QUARTERLY
PAYMENTS OR 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 thousand dollars for each quar-
ter such failure continues.
  12. [Beginning on June first, two thousand nine each deposit initiator
shall register the container label of any beverage offered for  sale  in
the state on which it initiates a deposit. Any such registered container
label  shall  bear a universal product code. Such universal product code
shall be New York state specific, in  order  to  identify  the  beverage
container  as  offered  for sale exclusively in New York state, and as a
means of preventing illegal redemption of beverage containers  purchased
out-of-state. Registration must be on forms as prescribed by the depart-
ment 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  registration  whenever  that  label  is  revised  by altering the
universal product code or whenever the container on which it appears  is
changed  in size, composition or glass color.] A. EACH DEPOSIT INITIATOR
SHALL PROVIDE A REPORT TO THE DEPARTMENT DESCRIBING  ALL  THE  TYPES  OF
BEVERAGE  CONTAINERS  ON  WHICH  IT INITIATES DEPOSITS. THE REPORT SHALL
INCLUDE THE PRODUCT NAME, TYPE OF BEVERAGE, SIZE AND COMPOSITION OF  THE
BEVERAGE  CONTAINER,  UNIVERSAL  PRODUCT CODE, AND ANY OTHER INFORMATION
THE DEPARTMENT MAY REQUIRE. UPON REQUEST, A DEPOSIT INITIATOR SHALL ALSO
PROVIDE TO THE DEPARTMENT A COPY OF THE CONTAINER LABEL OR A PICTURE  OF
ANY  BEVERAGE  CONTAINER SOLD OR OFFERED FOR SALE IN THIS STATE ON WHICH
IT INITIATES A DEPOSIT. SUCH INFORMATION SHALL BE PROVIDED IN A FORM  AS
PRESCRIBED  BY  THE  DEPARTMENT.    THE DEPARTMENT MAY REQUIRE THAT SUCH
FORMS BE FILED ELECTRONICALLY.
  B. A BOTTLER MAY PLACE ON A BEVERAGE  CONTAINER  A  UNIVERSAL  PRODUCT
CODE  OR OTHER DISTINCTIVE MARKING THAT IS SPECIFIC TO THE STATE OR USED
ONLY IN THE STATE AND ANY OTHER STATES WITH LAWS  SUBSTANTIALLY  SIMILAR
TO THIS TITLE AS A MEANS OF PREVENTING REDEMPTION OF BEVERAGE CONTAINERS
ON WHICH A DEPOSIT WAS NOT PAID.
  C.  A  BOTTLER  OR DEPOSIT INITIATOR SHALL NOTIFY THE DEPARTMENT, IN A
FORM PRESCRIBED BY THE DEPARTMENT,  WHENEVER  A  BEVERAGE  CONTAINER  OR
BEVERAGE  CONTAINER  LABEL  IS REVISED BY ALTERING THE UNIVERSAL PRODUCT
CODE, OR WHENEVER THE  CONTAINER  ON  WHICH  A  UNIVERSAL  PRODUCT  CODE
APPEARS  IS CHANGED IN SIZE, COMPOSITION OR GLASS COLOR, OR WHENEVER THE
CONTAINER OR CONTAINER LABEL ON WHICH A UNIVERSAL PRODUCT  CODE  APPEARS
IS  CHANGED  TO  INCLUDE  A UNIVERSAL PRODUCT CODE THAT IS UNIQUE TO THE
STATE OR USED ONLY IN THE STATE AND ANY OTHER STATES WITH LAWS  SUBSTAN-
TIALLY SIMILAR TO THIS TITLE.

S. 2608--A                         13                         A. 3008--A

  S 7. Section 27-1013 of the environmental conservation law, as amended
by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1013. Redemption centers AND DEALERS.
  The  commissioner  is  hereby  empowered to promulgate rules and regu-
lations governing (1)  THE  REGISTRATION  OR  PERMITTING  OF  REDEMPTION
CENTERS INCLUDING BUT NOT LIMITED TO CONDITIONS FOR GRANTING A REGISTRA-
TION  OR  PERMIT, GROUNDS FOR REVOCATION OF A REGISTRATION OR PERMIT AND
THE PROCESS FOR THE REVOCATION OF A  REGISTRATION  OR  PERMIT;  (2)  the
circumstances  in  which  DEPOSIT  INITIATORS, dealers and distributors,
individually or collectively, are required to accept the return of empty
beverage containers, and make payment therefor; [(2)] (3) the sorting of
the containers which a deposit initiator or distributor may  require  of
dealers  and  redemption  centers;  [(3)] (4) the collection of returned
beverage containers by deposit initiators or distributors, including the
party to whom such expense is to be charged, the frequency of such  pick
ups THAT SHALL ALSO ALLOW A SCHEDULE MEETING THE MINIMUM REQUIREMENTS OF
SUCH  REGULATIONS  AND  AGREED TO IN WRITING BY THE DEPOSIT INITIATOR OR
DISTRIBUTOR AND THE REDEMPTION CENTER AND  THAT  SHALL  ALSO  TAKE  INTO
ACCOUNT  A MINIMUM VOLUME OF CONTAINERS NECESSARY FOR SUCH A PICK UP and
the payment for refunds and handling fees thereon; [(4)] (5)  the  right
of  dealers  to restrict or limit the number of containers redeemed, the
rules for redemption at the dealers' place of business, and the  redemp-
tion  of containers from a beverage for which sales have been discontin-
ued, and to issue REGISTRATIONS OR permits to persons, firms  or  corpo-
rations  which  establish  redemption  centers,  subject  to  applicable
provisions of local and state laws, at which redeemers and  dealers  may
return empty beverage containers and receive payment of the refund value
of  such beverage containers; (6) THE ASSIGNMENT OF A SPECIFIC REGISTRA-
TION OR PERMIT IDENTIFICATION NUMBER TO  EACH  REDEMPTION  CENTER;  SUCH
REGISTRATION  OR  PERMIT  NUMBER,  ALONG  WITH  THE NUMBER OF CONTAINERS
CONTAINED THEREIN, SHALL BE AFFIXED TO ANY BOX OR  BAG  PROFFERED  BY  A
REDEMPTION  CENTER  TO A DEPOSIT INITIATOR OR DISTRIBUTOR FOR REDEMPTION
IN A MANNER MANDATED BY THE  COMMISSIONER;  AND  (7)  THE  OPERATION  OF
MOBILE  REDEMPTION  CENTERS  IN  ORDER TO ENSURE THAT TO THE BEST EXTENT
PRACTICABLE CONTAINERS ARE NOT PROFFERED FOR  REDEMPTION  TO  A  DEPOSIT
INITIATOR  OR  DISTRIBUTOR  OUTSIDE  OF  THE  GEOGRAPHIC AREA WHERE SUCH
DEPOSIT INITIATOR SELLS CONTAINERS AND INITIATES DEPOSITS. No dealer  or
distributor,  as  defined  in  section  27-1003  of this title, shall be
required to obtain a permit to operate a redemption center at  the  same
location  as  the dealer's or distributor's place of business. Operators
of such redemption centers shall receive payment of the refund value  of
each  beverage  container  from  the  appropriate  deposit  initiator or
distributor as provided under section 27-1007 of this title.
  S 8. Section 27-1014 of the environmental conservation law, as amended
by section 10 of part SS of chapter 59 of the laws of 2009,  is  amended
to read as follows:
S 27-1014. Authority to promulgate rules and regulations.
  In  addition  to  the  authority  of  the commissioner, under sections
27-1007, 27-1009 and 27-1013 of this title, the commissioner shall  have
the  power to promulgate rules and regulations necessary and appropriate
for the administration of this title AND TO PREVENT FRAUD.
  S 9. Section 27-1015 of the environmental conservation law, as amended
by section 11 of part SS of chapter 59 of the laws of 2009,  is  amended
to read as follows:
S 27-1015. Violations.

S. 2608--A                         14                         A. 3008--A

  1.  [A  violation  of this title, except as otherwise provided in this
section and section 27-1012 of this title, shall be a  public  nuisance.
In  addition,  except] CIVIL AND ADMINISTRATIVE SANCTIONS. A.  EXCEPT as
otherwise provided in this section and section 27-1012  of  this  title,
any   person  who  [shall  violate]  VIOLATES  any  [provision]  OF  THE
PROVISIONS of, OR FAILS TO PERFORM A DUTY IMPOSED BY, THIS TITLE OR  ANY
RULE  OR  REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDI-
TION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL
DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO  this  title
shall  be  liable  [to the state of New York] for a civil penalty of not
more than five hundred dollars FOR EACH  VIOLATION,  and  an  additional
civil  penalty of not more than five hundred dollars for each day during
which each such violation continues. Any civil penalty may  be  assessed
BY  THE  COMMISSIONER  following  a  hearing  or opportunity to be heard
PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER OR BY  THE
COURT  IN  ANY  ACTION OR PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS
CHAPTER. IN ADDITION, SUCH PERSON MAY BY  SIMILAR  PROCESS  BE  ENJOINED
FROM  CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRATION ISSUED TO
SUCH PERSON MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION
DENIED.
  [2. Any] B. IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT  OF
TAXATION  AND  FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, ANY
distributor or deposit initiator who  violates  any  provision  of  this
title,  [except  as provided in section 27-1012 of this title,] OR FAILS
TO PERFORM A DUTY IMPOSED BY THIS  TITLE,  OR  ANY  RULE  OR  REGULATION
PROMULGATED  PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY REGISTRA-
TION OR PERMIT ISSUED PURSUANT THERETO, OR ANY  FINAL  DETERMINATION  OR
ORDER  OF  THE  COMMISSIONER MADE PURSUANT TO THIS TITLE shall be liable
[to the state of New York] for a civil penalty  of  not  more  than  one
thousand  dollars FOR EACH VIOLATION, and an additional civil penalty of
not more than one thousand dollars for each day during which  each  such
violation  continues.  Any  civil penalty may be assessed BY THE COMMIS-
SIONER following a hearing or opportunity to be heard  PURSUANT  TO  THE
PROVISIONS  OF  SECTION  71-1709 OF THIS CHAPTER, OR BY THE COURT IN ANY
ACTION OR PROCEEDING PURSUANT TO SECTION 71-2727  OF  THIS  CHAPTER.  IN
ADDITION,  SUCH  DEPOSIT INITIATOR OR DISTRIBUTOR MAY BY SIMILAR PROCESS
BE ENJOINED FROM CONTINUING SUCH VIOLATION AND ANY PERMIT  OR  REGISTRA-
TION  ISSUED  TO  SUCH  PERSON  MAY BE REVOKED OR SUSPENDED OR A PENDING
RENEWAL APPLICATION DENIED.
  2. CRIMINAL SANCTIONS. A.  ANY PERSON WHO, HAVING ANY OF THE  CULPABLE
MENTAL  STATES  DEFINED  IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY
PROVISION OF OR WHO FAILS TO PERFORM ANY DUTY IMPOSED BY THIS TITLE,  OR
ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETER-
MINATION  OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL
BE GUILTY OF A VIOLATION AND, UPON CONVICTION, SHALL BE  PUNISHED  BY  A
FINE  OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION; EACH DAY
ON WHICH SUCH VIOLATION OCCURS SHALL CONSTITUTE  A  SEPARATE  VIOLATION;
AND   FOR  EACH  SUCH  VIOLATION  THE  PERSON  SHALL  BE  SUBJECT,  UPON
CONVICTION, TO IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR TO A  FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS, OR TO BOTH IMPRISONMENT AND FINE.
  B.  IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF TAXATION
AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, ANY  DISTRIBU-
TOR  OR  DEPOSIT INITIATOR WHO, HAVING ANY OF THE CULPABLE MENTAL STATES
DEFINED IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY PROVISION OF  OR
WHO  FAILS  TO  PERFORM  ANY  DUTY IMPOSED BY THIS TITLE, OR ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL  DETERMINATION  OR

S. 2608--A                         15                         A. 3008--A

ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF
A  VIOLATION  AND,  UPON  CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION;  EACH  DAY  ON  WHICH
SUCH  VIOLATION  OCCURS  SHALL  CONSTITUTE A SEPARATE VIOLATION; AND FOR
EACH SUCH VIOLATION THE PERSON SHALL BE  SUBJECT,  UPON  CONVICTION,  TO
IMPRISONMENT  FOR  NOT  MORE  THAN FIFTEEN DAYS OR TO A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINE.
  [3.] C. It shall be unlawful for [a distributor or deposit  initiator]
ANY PERSON, acting alone or aided by another, to return any empty bever-
age  container  to a dealer or redemption center for its refund value if
[the] A distributor or deposit initiator had  previously  accepted  such
beverage  container  from any dealer or operator of a redemption center,
OR IF SUCH CONTAINER  WAS  PREVIOUSLY  ACCEPTED  BY  A  REVERSE  VENDING
MACHINE.  A  violation of this [subdivision] PARAGRAPH shall be a misde-
meanor punishable by a fine of not less than five  hundred  dollars  nor
more  than  one  thousand  dollars  and an amount equal to two times the
amount of money received as a result of such violation, OR  IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINES.
  D. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY PERSON
WHO VIOLATES SUBDIVISION ELEVEN OF SECTION 27-1007 OF THIS TITLE, OR ANY
RULE  OR  REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMI-
NATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE
GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL  BE  PUNISHED  BY  A
FINE  OF  NOT MORE THAN ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY
IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
  E. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY  DEAL-
ER,  DISTRIBUTOR  OR  DEPOSIT  INITIATOR, WHO KNOWINGLY OR INTENTIONALLY
VIOLATES ANY PROVISION OF OR  FAILS  TO  PERFORM  ANY  DUTY  IMPOSED  BY
SECTION  27-1005  OR  27-1012  OF  THIS TITLE, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE
COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF A  MISDEMEA-
NOR  AND,  UPON CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY  IMPRISONMENT  FOR  NOT
MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  [4.]  3.  Any person who [willfully] tenders to a dealer, distributor,
redemption center or  deposit  initiator  more  than  forty-eight  empty
beverage  containers  for  which  such person knows or should reasonably
know that no deposit was paid in New York state may be assessed [by  the
department]  a  civil  penalty  of  up  to  one hundred dollars for each
container or up to twenty-five thousand dollars for each such tender  of
containers.  At  each  location  where  a  person tenders containers for
redemption, dealers and redemption centers must conspicuously display  a
sign  in letters that are at least one inch in height with the following
information: "WARNING:  Persons tendering for redemption  containers  on
which  a  deposit was never paid in this state may be subject to a civil
penalty of up to one hundred dollars per container or up to  twenty-five
thousand  dollars for each such tender of containers." Any civil penalty
may be assessed BY THE COMMISSIONER following a hearing  or  opportunity
to  be heard PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAP-
TER, OR BY THE COURT IN ANY ACTION OR  PROCEEDING  PURSUANT  TO  SECTION
71-2727 OF THIS CHAPTER. IN ADDITION, SUCH PERSON MAY BY SIMILAR PROCESS
BE  ENJOINED  FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRA-
TION ISSUED TO SUCH PERSON MAY BE REVOKED  OR  SUSPENDED  OR  A  PENDING
RENEWAL APPLICATION DENIED.

S. 2608--A                         16                         A. 3008--A

  [5.]  4. A. The department, the department of agriculture and markets,
the department of taxation and finance  and  the  attorney  general  are
hereby authorized to enforce the provisions of this title AND ALL MONIES
COLLECTED  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  ENVIRONMENTAL
PROTECTION  FUND  ESTABLISHED  PURSUANT  TO  SECTION NINETY-TWO-S OF THE
STATE FINANCE LAW. In addition, the provisions  of  section  27-1005  of
this  title and subdivisions one, two, three, four, five, ten and eleven
of section 27-1007 of this title may be enforced by a county, city, town
or village, and the local legislative body thereof may adopt local laws,
ordinances or regulations consistent with this title providing  for  the
enforcement of such provisions AND ALL MONIES COLLECTED BY THE ENFORCING
COUNTY,  CITY,  TOWN  OR  VILLAGE AS FINES OR PENALTIES PURSUANT TO THIS
SECTION SHALL BE PAYABLE TO AND BE THE PROPERTY  OF  THE  COUNTY,  CITY,
TOWN OR VILLAGE.
  B.  IN  ADDITION,  A  VIOLATION  OF  THIS  TITLE,  EXCEPT AS OTHERWISE
PROVIDED IN THIS SECTION, SHALL BE A PUBLIC NUISANCE, AND WITHOUT LIMIT-
ING THE RIGHTS OF THE DEPARTMENT, OR ANY  PERSON,  FIRM  OR  CORPORATION
UNDER THIS SUBDIVISION OR ANY OTHER PROVISION OF THIS SECTION, A DEALER,
OWNER OR OPERATOR OF A REDEMPTION CENTER, DISTRIBUTOR, OR DEPOSIT INITI-
ATOR  SHALL  HAVE  A  CIVIL RIGHT OF ACTION TO ENFORCE THE PROVISIONS OF
SECTION 27-1009 OF THIS TITLE AND  SUBDIVISIONS  FOUR,  FIVE,  SIX,  AND
EIGHT OF SECTION 27-1007 OF THIS TITLE.
  S  10.  Section  27-1017  of  the  environmental  conservation  law is
REPEALED.
  S 11. Subdivision 3 of section 92-s  of  the  state  finance  law,  as
amended  by  section  2  of part T of chapter 59 of the laws of 2009, is
amended to read as follows:
  3. Such fund shall consist of the amount of revenue  collected  within
the  state  from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
amount  of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands  law
and  the  money  received  as annual service charges pursuant to section
four hundred four-l of the vehicle and traffic law, all moneys  required
to  be  deposited  therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of  the  laws  of
nineteen  hundred  ninety-three,  all  moneys  required  to be deposited
pursuant to section thirteen of chapter six hundred ten of the  laws  of
nineteen  hundred  ninety-three,  repayments  of  loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to  be
deposited from the Northville settlement pursuant to section one hundred
twenty-four  of  chapter  three  hundred  nine  of  the laws of nineteen
hundred ninety-six, provided however, that such  moneys  shall  only  be
used  for  the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent  order  with  the
Northville  industries  signed  on  October thirteenth, nineteen hundred
ninety-four and the related resource restoration and  replacement  plan,
the  amount  of  penalties  required  to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental  conser-
vation  law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law, [as added by a chapter of
the laws of two thousand nine,] all moneys collected pursuant  to  title
thirty-three  of  article fifteen of the environmental conservation law,
[as added by a chapter of the laws of two thousand nine] BEGINNING  WITH
THE  FISCAL  YEAR  COMMENCING ON APRIL FIRST, TWO THOUSAND THIRTEEN, AND

S. 2608--A                         17                         A. 3008--A

ALL FISCAL YEARS THEREAFTER, FIFTEEN  MILLION  DOLLARS  PLUS  ALL  FUNDS
RECEIVED  BY THE STATE EACH FISCAL YEAR IN EXCESS OF THE AMOUNT RECEIVED
FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH  MARCH  THIRTY-FIRST,  TWO
THOUSAND  THIRTEEN,  FROM THE PAYMENTS COLLECTED PURSUANT TO SUBDIVISION
FOUR OF SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION LAW,  and  all
other  moneys  credited  or  transferred  thereto from any other fund or
source pursuant to law. All such revenue shall  be  initially  deposited
into  the  environmental protection fund, for application as provided in
subdivision five of this section.
  S 12. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART G

  Section  1.  Subdivisions  1  and 2 of section 27-1905 of the environ-
mental conservation law, as amended by section 1 of part DD  of  chapter
59 of the laws of 2010, are amended to read as follows:
  1. [Until December thirty-first, two thousand thirteen, accept] ACCEPT
from  a  customer,  waste  tires of approximately the same size and in a
quantity equal to the number of new tires purchased or installed by  the
customer; and
  2.  [Until  December  thirty-first,  two thousand thirteen, post] POST
written notice in a prominent location, which must be at least eight and
one-half inches by fourteen inches in size  and  contain  the  following
language:
  "New  York State law requires us to accept and manage waste tires from
vehicles in exchange for an equal number of new tires that  we  sell  or
install.  Tire  retailers are required to charge a separate and distinct
waste tire management and recycling fee of $2.50 for each new tire sold.
  The retailers in addition are authorized, at their sole discretion, to
pass on waste tire management and recycling costs  to  tire  purchasers.
Such  costs  may  be included as part of the advertised price of the new
tire, or charged as a separate per-tire  charge  in  an  amount  not  to
exceed $2.50 on each new tire sold."
  The  written notice shall also contain one of the following statements
at the end of the aforementioned language and as  part  of  the  notice,
which  shall  accurately  indicate  the manner in which the tire service
charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:
  "Our waste tire management and recycling costs  are  included  in  the
advertised price of each new tire.", or
  "We  charge  a separate per-tire charge of $____ on each new tire sold
that will be listed on your invoice to cover our waste  tire  management
and recycling costs."
  S  2.  Subdivisions  1,  2 and 3 and paragraph (a) of subdivision 6 of
section 27-1913 of the environmental conservation law,  subdivisions  1,
2,  the opening paragraph of subdivision 3 and paragraph (a) of subdivi-
sion 6 as amended by section 4 of part DD of chapter 59 of the  laws  of
2010  and subdivision 3 as amended by section 2 of part E1 of chapter 63
of the laws of 2003, are amended to read as follows:
  1. [Until December thirty-first, two thousand  thirteen,  a]  A  waste
tire  management  and recycling fee of two dollars and fifty cents shall
be charged on each new tire sold. The fee shall be paid by the purchaser
to the tire service at the time the new tire or  new  motor  vehicle  is
purchased.
  The waste tire management and recycling fee does not apply to:

S. 2608--A                         18                         A. 3008--A

  (a) recapped or resold tires;
  (b) mail-order sales; or
  (c)  the  sale  of  new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this  state  is
subject to such fee.
  2. [Until December thirty-first, two thousand thirteen, the]  THE tire
service  shall  collect the waste tire management and recycling fee from
the purchaser at the time of the sale and shall [remit] PAY such fee  to
the  department  of  taxation  and  finance  with the quarterly [report]
RETURN filed pursuant to subdivision three of this section. THE  COMMIS-
SIONER OF TAXATION AND FINANCE MAY REQUIRE THAT THE TIRE SERVICE PAY THE
FEE ELECTRONICALLY.
  (a)  The  fee  imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
  (b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
  3. [Until March thirty-first, two thousand fourteen, each]  EACH  tire
service  maintaining  a  place  of  business  in this state shall make a
return to the department of taxation and finance on a quarterly  basis[,
with  the  return  for  December,  January, and February being due on or
before the immediately following  March  thirty-first;  the  return  for
March,  April,  and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being  due  on  or
before the immediately following September thirtieth; and the return for
September,  October, and November being due on or before the immediately
following December thirty-first] IN THE FORM AND  MANNER  PRESCRIBED  BY
THE  COMMISSIONER  OF TAXATION AND FINANCE. THE COMMISSIONER OF TAXATION
AND FINANCE MAY REQUIRE SUCH RETURNS TO  BE  FILED  ELECTRONICALLY.  THE
QUARTERLY  RETURNS  REQUIRED  BY THIS SUBDIVISION SHALL BE FILED FOR THE
QUARTERLY PERIODS ENDING ON THE LAST DAY OF FEBRUARY,  MAY,  AUGUST  AND
NOVEMBER OF EACH YEAR, AND EACH SUCH RETURN SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE END OF THE QUARTERLY PERIOD COVERED THEREBY.
  (a) Each return shall include:
  (i) the name of the tire service;
  (ii) the address of the tire service's principal place of business and
the  address  of the principal place of business (if that is a different
address) from which the tire service engages in the business  of  making
retail sales of tires;
  (iii) the name and signature of the person preparing the return;
  (iv)  the  total  number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
  (v) the amount of waste tire management and recycling fees due; and
  (vi) such other reasonable information as the department  of  taxation
and finance may require.
  (b)  Copies  of  each  [report]  RETURN  shall be retained by the tire
service for three years.
  If a tire service ceases business, it shall file a  final  return  and
[remit]  PAY  all  fees due under this title [with] TO the department of
taxation and finance not more than one month  after  discontinuing  that
business.
  (a)  [Until  December  thirty-first,  two  thousand thirteen, any] ANY
additional waste tire management and recycling costs of the tire service
in excess of the amount authorized to be retained pursuant to  paragraph
(b)  of subdivision two of this section may be included in the published
selling price of the new tire, or charged as a separate per-tire  charge

S. 2608--A                         19                         A. 3008--A

on  each  new  tire sold. When such costs are charged as a separate per-
tire charge: (i) such charge shall be stated as an invoice item separate
and distinct from the selling price of the tire; (ii) the invoice  shall
state  that  the  charge  is  imposed at the sole discretion of the tire
service; and (iii) the amount of such charge shall  reflect  the  actual
cost to the tire service for the management and recycling of waste tires
accepted  by the tire service pursuant to section 27-1905 of this title,
provided however, that in no event shall such charge exceed two  dollars
and fifty cents on each new tire sold.
  S  3.  This  act shall take effect immediately, and shall apply to the
quarterly periods provided for in the opening paragraph  of  subdivision
three  of  section  27-1913  of  the  environmental conservation law, as
amended by section two of this act, beginning on or after the date  this
act shall have become a law.

                                 PART H

  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 R of chapter 58 of the laws of 2012, 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, 2013, at which time the
provisions of subdivision 26 of section 5 of the New  York  state  urban
development corporation act shall be deemed repealed; provided, however,
that  neither  the  expiration  nor  the  repeal  of such subdivision as
provided for herein shall be deemed to affect or impair  in  any  manner
any  loan  made  pursuant  to the authority of such subdivision prior to
such expiration and repeal].
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2013.

                                 PART I

  Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
amending the public authorities law relating to authorizing the dormito-
ry authority to enter into certain design  and  construction  management
agreements is amended to read as follows:
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed April 1, [2013] 2015.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in effect on and after April 1, 2013.

                                 PART J

  Intentionally omitted.

                                 PART K

  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, 2013.

S. 2608--A                         20                         A. 3008--A

                                 PART L

  Section  1.  Expenditures  of  moneys appropriated in a chapter of the
laws of 2013 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
2011. 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, 2013.

                                 PART M

  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, 2013.

                                 PART N

  Section 1. Paragraph (a) of subdivision  6  of  section  18-a  of  the
public  service  law,  as added by section 4 of part NN of chapter 59 of
the laws of 2009, is amended to read as follows:
  (a) Notwithstanding any provision of law to the contrary, and  subject
to the exceptions provided for in paragraph (b) of this subdivision, for
the  state  fiscal  year beginning on April first, two thousand nine and
[four] NINE state fiscal years thereafter, a temporary annual assessment
(hereinafter "temporary state energy and  utility  service  conservation
assessment")  is  hereby  imposed on public utility companies (including
for the purposes of this subdivision municipalities other  than  munici-

S. 2608--A                         21                         A. 3008--A

palities  as  defined  in section eighty-nine-l of this chapter), corpo-
rations (including for purposes of  this  subdivision  the  Long  Island
power  authority),  and  persons  subject to the commission's regulation
(hereinafter  such  public  utility companies, corporations, and persons
are referred to collectively as the "utility entities") to encourage the
conservation of energy and  other  resources  provided  through  utility
entities,  to  be  assessed  in the manner provided in this subdivision;
provided, however, that such assessment shall not be imposed upon  tele-
phone corporations as defined in subdivision seventeen of section two of
this article.
  S  2. Section 6 of part NN of chapter 59 of the laws of 2009, amending
the public service law relating  to  financing  the  operations  of  the
department  of public service, the public service commission, department
support and energy management services provided by other state agencies,
increasing the utility assessment cap  and  the  minimum  threshold  for
collection  thereunder,  and  establishing  a temporary state energy and
utility service conservation assessment and providing for the collection
thereof, is amended to read as follows:
  S 6. This act shall take effect immediately; provided,  however,  that
subdivision  6  of  section  18-a of the public service law, as added by
section four of this act shall take  effect  April  1,  2009  and  shall
expire  and  be  deemed  repealed  March  31, [2014] 2019; and provided,
further, that if section four of this act shall become law  after  April
1,  2009,  it  shall take effect immediately and shall be deemed to have
been in full force and effect on and after April 1, 2009.
  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, 2013; provided,
however,  that  the  amendments  to subdivision 6 of section 18-a of the
public service law made by section one of this act shall not affect  the
repeal of such subdivision and shall be deemed to be repealed therewith.

                                 PART O

  Section  1.  Sections 24 and 25 of the public service law are REPEALED
and a new section 24 is added to read as follows:
  S 24. ADMINISTRATIVE SANCTIONS; RECOVERY OF PENALTIES. 1. EVERY PUBLIC
UTILITY COMPANY, CORPORATION OR PERSON  AND  THE  OFFICERS,  AGENTS  AND
EMPLOYEES  THEREOF  SHALL  ADHERE TO EVERY PROVISION OF THIS CHAPTER AND
EVERY ORDER OR REGULATION ADOPTED UNDER AUTHORITY  OF  THIS  CHAPTER  SO
LONG AS THE SAME SHALL BE IN FORCE.
  2.  (A)  THE  COMMISSION  SHALL  HAVE  THE AUTHORITY TO ASSESS A CIVIL
PENALTY AGAINST A PUBLIC UTILITY COMPANY, CORPORATION, OR PERSON AND THE
OFFICERS, AGENTS AND EMPLOYEES  THEREOF  SUBJECT  TO  THE  JURISDICTION,
SUPERVISION,  OR REGULATION PURSUANT TO THIS CHAPTER IN AN AMOUNT AS SET
FORTH IN THIS SECTION. IN DETERMINING THE AMOUNT OF ANY  PENALTY  TO  BE
ASSESSED  PURSUANT  TO  THIS SECTION, THE COMMISSION SHALL CONSIDER: (I)
THE SERIOUSNESS OF THE VIOLATION FOR WHICH A PENALTY IS SOUGHT; (II) THE
NATURE AND EXTENT OF ANY PREVIOUS VIOLATIONS FOR  WHICH  PENALTIES  HAVE
BEEN ASSESSED AGAINST THE PUBLIC UTILITY COMPANY, CORPORATION OR PERSON;
(III)  THE  GROSS  REVENUES  AND  FINANCIAL STATUS OF THE PUBLIC UTILITY
COMPANY, CORPORATION OR PERSON; AND  (IV)  SUCH  OTHER  FACTORS  AS  THE
COMMISSION  MAY  DEEM APPROPRIATE AND RELEVANT. THE REMEDIES PROVIDED BY
THIS SUBDIVISION ARE IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN LAW.
  (B) WHENEVER THE COMMISSION HAS REASON TO BELIEVE THAT A PUBLIC UTILI-
TY COMPANY, CORPORATION OR PERSON AND SUCH OFFICERS, AGENTS AND  EMPLOY-
EES THEREOF MAY BE SUBJECT TO IMPOSITION OF A CIVIL PENALTY AS SET FORTH

S. 2608--A                         22                         A. 3008--A

IN THIS SUBDIVISION, IT SHALL NOTIFY SUCH PUBLIC UTILITY COMPANY, CORPO-
RATION OR PERSON. SUCH NOTICE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO
(I) THE DATE AND A BRIEF DESCRIPTION OF THE FACTS AND NATURE OF EACH ACT
OR  FAILURE  TO  ACT  FOR WHICH SUCH PENALTY IS PROPOSED; (II) A LIST OF
EACH STATUTE, REGULATION OR ORDER THAT THE COMMISSION ALLEGES  HAS  BEEN
VIOLATED;  (III) THE AMOUNT OF EACH PENALTY THAT THE COMMISSION PROPOSES
TO ASSESS; AND (IV) THE OPTION TO REQUEST A HEARING TO  DEMONSTRATE  WHY
THE  PROPOSED  PENALTY  OR PENALTIES SHOULD NOT BE ASSESSED AGAINST SUCH
PUBLIC UTILITY COMPANY, CORPORATION, OR SUCH PERSON.
  3. ANY PUBLIC UTILITY COMPANY OR CORPORATION THAT VIOLATES A PROVISION
OF THIS CHAPTER, REGULATION OR AN ORDER ADOPTED UNDER AUTHORITY OF  THIS
CHAPTER  SO  LONG AS THE SAME SHALL BE IN FORCE, OR WHO FAILS TO PROVIDE
SAFE AND ADEQUATE SERVICE SHALL FORFEIT A SUM NOT EXCEEDING THE  GREATER
OF  ONE HUNDRED THOUSAND DOLLARS OR TWO ONE-HUNDREDTHS OF ONE PERCENT OF
THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY, CONSTITUT-
ING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN  THE  CASE  OF  A
CONTINUING  VIOLATION,  EACH DAY SHALL BE DEEMED A SEPARATE AND DISTINCT
OFFENSE.
  4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION,  ANY SUCH PUBLIC UTILITY COMPANY OR CORPORATION THAT VIOLATES A
PROVISION OF THIS CHAPTER, OR AN ORDER OR REGULATION ADOPTED  UNDER  THE
AUTHORITY OF THIS CHAPTER SPECIFICALLY FOR THE PROTECTION OF HUMAN SAFE-
TY  OR PREVENTION OF SIGNIFICANT DAMAGE TO REAL PROPERTY, INCLUDING, BUT
NOT LIMITED TO, THE COMMISSION'S CODE OF GAS SAFETY  REGULATIONS  SHALL,
IF  IT IS DETERMINED BY THE COMMISSION THAT SUCH SAFETY VIOLATION CAUSED
OR CONSTITUTED A CONTRIBUTING FACTOR IN BRINGING ABOUT:  (A) A DEATH  OR
PERSONAL INJURY; OR (B) DAMAGE TO REAL PROPERTY IN EXCESS OF FIFTY THOU-
SAND DOLLARS, FORFEIT A SUM NOT TO EXCEED THE GREATER OF:
  (I)  TWO HUNDRED FIFTY THOUSAND DOLLARS OR THREE ONE-HUNDREDTHS OF ONE
PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY,
WHICHEVER IS GREATER, CONSTITUTING A CIVIL PENALTY FOR EACH SEPARATE AND
DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR  PURPOSES  OF  THIS  PARA-
GRAPH, EACH DAY OF A CONTINUING VIOLATION SHALL NOT BE DEEMED A SEPARATE
AND  DISTINCT  OFFENSE.  THE  TOTAL PERIOD OF A CONTINUING VIOLATION, AS
WELL AS EVERY DISTINCT VIOLATION, SHALL BE SIMILARLY TREATED AS A  SEPA-
RATE AND DISTINCT OFFENSE FOR PURPOSES OF THIS PARAGRAPH; OR
  (II)  THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION.
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OR FOUR OF THIS
SECTION, A  PUBLIC  UTILITY  COMPANY  OR  CORPORATION  THAT  VIOLATES  A
PROVISION  OF  THIS  CHAPTER,  OR  AN  ORDER OR REGULATION ADOPTED UNDER
AUTHORITY OF THIS CHAPTER, DESIGNED TO PROTECT THE  OVERALL  RELIABILITY
AND  CONTINUITY  OF  ELECTRIC  SERVICE, INCLUDING BUT NOT LIMITED TO THE
RESTORATION OF ELECTRIC SERVICE FOLLOWING A MAJOR OUTAGE EVENT OR  EMER-
GENCY, SHALL FORFEIT A SUM NOT TO EXCEED THE GREATER OF:
  (A)  FIVE  HUNDRED  THOUSAND  DOLLARS  OR  FOUR  ONE-HUNDREDTHS OF ONE
PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY,
WHICHEVER IS GREATER, CONSTITUTING A CIVIL PENALTY FOR EACH SEPARATE AND
DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR PURPOSES OF THIS PARAGRAPH
EACH DAY OF A CONTINUING VIOLATION SHALL NOT BE DEEMED  A  SEPARATE  AND
DISTINCT OFFENSE. THE TOTAL PERIOD OF A CONTINUING VIOLATION, AS WELL AS
EVERY  DISTINCT  VIOLATION  SHALL BE SIMILARLY TREATED AS A SEPARATE AND
DISTINCT OFFENSE FOR PURPOSES OF THIS PARAGRAPH; OR
  (B) THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE  WITH  SUBDIVISION
THREE OF THIS SECTION.

S. 2608--A                         23                         A. 3008--A

  6.  ANY  OFFICER,  AGENT, OR EMPLOYEE OF ANY CORPORATION DETERMINED BY
THE COMMISSION TO HAVE VIOLATED THE  PROVISIONS  OF  SUBDIVISION  THREE,
FOUR, OR FIVE OF THIS SECTION, AND WHO KNOWINGLY VIOLATES A PROVISION OF
THIS  CHAPTER,  REGULATION  OR  AN ORDER ADOPTED UNDER AUTHORITY OF THIS
CHAPTER  SO  LONG  AS THE SAME SHALL BE IN FORCE, INCLUDING A FAILURE TO
PROVIDE SAFE AND ADEQUATE SERVICE, SHALL FORFEIT A SUM NOT TO EXCEED ONE
HUNDRED THOUSAND DOLLARS CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY
OFFENSE AND, IN THE CASE OF A CONTINUING VIOLATION, EACH  DAY  SHALL  BE
DEEMED A SEPARATE AND DISTINCT OFFENSE.
  7.  ANY  SUCH  ASSESSMENT  MAY  BE  COMPROMISED OR DISCONTINUED BY THE
COMMISSION. ALL MONEYS RECOVERED PURSUANT TO THIS SECTION, TOGETHER WITH
THE COSTS THEREOF, SHALL BE REMITTED TO, OR  FOR  THE  BENEFIT  OF,  THE
RATEPAYERS IN A MANNER TO BE DETERMINED BY THE COMMISSION.
  8.  UPON A FAILURE BY A PUBLIC UTILITY COMPANY, CORPORATION, OR PERSON
TO REMIT ANY  PENALTY  ASSESSED  BY  THE  COMMISSION  PURSUANT  TO  THIS
SECTION, THE COMMISSION, THROUGH ITS COUNSEL, MAY INSTITUTE AN ACTION OR
SPECIAL PROCEEDING TO COLLECT THE PENALTY IN A COURT OF COMPETENT JURIS-
DICTION.
  9. ANY PAYMENT MADE BY A PUBLIC UTILITY COMPANY, CORPORATION OR PERSON
AND THE OFFICERS, AGENTS AND EMPLOYEES THEREOF AS A RESULT OF AN ASSESS-
MENT  AS PROVIDED IN THIS SECTION, AND THE COST OF LITIGATION AND INVES-
TIGATION RELATED TO ANY SUCH ASSESSMENT, SHALL NOT BE  RECOVERABLE  FROM
RATEPAYERS.
  10.  IN CONSTRUING AND ENFORCING THE PROVISIONS OF THIS CHAPTER RELAT-
ING TO PENALTIES, THE ACT OF ANY DIRECTOR, OFFICER, AGENT OR EMPLOYEE OF
A PUBLIC UTILITY COMPANY, CORPORATION OR PERSON ACTING WITHIN THE  SCOPE
OF  HIS  OR  HER OFFICIAL DUTIES OR EMPLOYMENT SHALL BE DEEMED TO BE THE
ACT OF SUCH PUBLIC UTILITY COMPANY OR CORPORATION.
  S 2. Section 26 of the public service law is renumbered section 25.
  S 3. Section 65 of the public service law is amended by adding two new
subdivisions 14 and 15 to read as follows:
  14. IN CONJUNCTION WITH A MANAGEMENT AND OPERATIONS  AUDIT  UNDERTAKEN
PURSUANT TO SUBDIVISION NINETEEN OF SECTION SIXTY-SIX OF THIS ARTICLE OR
UPON ITS OWN MOTION, THE COMMISSION SHALL REVIEW THE CAPABILITY, INCLUD-
ING  BUT  NOT LIMITED TO, THE CAPABILITY TO IMPLEMENT EMERGENCY RESPONSE
PLANS AND RESTORATION, OF EACH GAS CORPORATION AND ELECTRIC  CORPORATION
TO PROVIDE SAFE, ADEQUATE, AND RELIABLE SERVICE.  UPON GOOD CAUSE SHOWN,
THE COMMISSION MAY DIRECT SUCH CORPORATION TO COMPLY WITH ADDITIONAL AND
MORE STRINGENT TERMS AND CONDITIONS OF SERVICE THAN EXISTED PRIOR TO THE
COMMENCEMENT  OF  THE  MANAGEMENT  AND  OPERATIONS  AUDIT, OR CAUSE SUCH
CORPORATION TO DIVEST SOME OR ALL OF  ITS  STATE-BASED  UTILITY  ASSETS,
INCLUDING  FRANCHISE  TERRITORIES,  BASED  UPON STANDARDS AND PROCEDURES
ESTABLISHED BY THE COMMISSION TO ENSURE CONTINUITY OF SAFE AND  ADEQUATE
SERVICE, DUE PROCESS, AND FAIR AND JUST COMPENSATION; PROVIDED, HOWEVER,
THAT  NOTHING  IN  THIS SUBDIVISION LIMITS THE COMMISSION'S AUTHORITY TO
UNDERTAKE THE ACTIONS SET FORTH PURSUANT  TO  SECTIONS  TWENTY-FOUR  AND
TWENTY-FIVE  OF THIS CHAPTER. IN THE CASE WHERE THE COMMISSION DIRECTS A
FULL OR PARTIAL DIVESTMENT OF A  CORPORATION'S  ASSETS,  THE  COMMISSION
SHALL FIRST PROCEED IN SUCH MANNER AS TO FACILITATE THE VOLUNTARY TRANS-
FER OF SUCH ASSETS.
  15.  THE  CHIEF EXECUTIVE OFFICER OF EACH GAS CORPORATION AND ELECTRIC
CORPORATION SHALL CERTIFY TO THE COMMISSION ON OR BEFORE MARCH FIFTEENTH
OF EACH YEAR THAT SUCH CORPORATION IS IN COMPLIANCE  WITH  THE  REQUIRE-
MENTS  OF THIS CHAPTER AND ANY RULES, REGULATIONS, ORDERS AND PROCEDURES
ADOPTED THERETO, INCLUDING THE OBLIGATION THAT SUCH CORPORATION  PROVIDE
SAFE AND ADEQUATE SERVICE.

S. 2608--A                         24                         A. 3008--A

  S  4.  Subdivisions 19 and 21 of section 66 of the public service law,
subdivision 19 as added by chapter 556 of the laws of 1976 and the clos-
ing paragraph as added by chapter 586 of the laws of 1986  and  subdivi-
sion  21  as added by chapter 718 of the laws of 1980, are amended and a
new subdivision 1-a is added to read as follows:
  1-A.  REVIEW  THE  ANNUAL  CAPITAL EXPENDITURE OF EACH GAS OR ELECTRIC
CORPORATION AND MAY ORDER SUCH IMPROVEMENT IN THE  MANUFACTURE,  CONVEY-
ING,  TRANSPORTATION, DISTRIBUTION OR SUPPLY OF GAS, IN THE MANUFACTURE,
TRANSMISSION OR SUPPLY OF ELECTRICITY, OR IN  THE  METHODS  EMPLOYED  BY
SUCH  CORPORATION  AS IN THE COMMISSION'S JUDGMENT IS ADEQUATE, JUST AND
REASONABLE.
  19. (A) The commission shall have power to provide for management  and
operations  audits  of  gas corporations and electric corporations. Such
audits shall be performed at least once every five years for combination
gas and electric companies, as well as  for  straight  gas  corporations
having  annual  gross revenues in excess of two hundred million dollars.
The audit shall include, but not be limited to, an investigation of  the
company's  construction program planning in relation to the needs of its
customers for reliable service [and], an evaluation of the efficiency of
the company's operations, RECOMMENDATIONS WITH RESPECT TO SAME, AND  THE
TIMING  WITH RESPECT TO THE IMPLEMENTATION OF SUCH RECOMMENDATIONS.  The
commission shall have discretion to have such audits  performed  by  its
staff, or by independent auditors.
  In  every  case  in  which  the  commission  chooses to have the audit
provided for in this subdivision OR PURSUANT TO SUBDIVISION FOURTEEN  OF
SECTION SIXTY-FIVE OF THIS ARTICLE performed by independent auditors, it
shall  have authority to select the auditors, and to require the company
being audited to enter into a contract with the auditors  providing  for
their  payment  by the company. Such contract shall provide further that
the auditors shall work for and under the direction  of  the  commission
according  to  such  terms as the commission may determine are necessary
and reasonable.
  [The commission shall have authority to direct the company  to  imple-
ment  any recommendations resulting from such audits that it finds to be
necessary and reasonable.]
  (B) EACH GAS AND ELECTRIC CORPORATION SUBJECT TO AN AUDIT  UNDER  THIS
SUBDIVISION  SHALL  FILE A REPORT WITH THE COMMISSION WITHIN THIRTY DAYS
AFTER ISSUANCE OF SUCH AUDIT DETAILING ITS PLAN TO IMPLEMENT THE  RECOM-
MENDATIONS  MADE IN THE AUDIT. AFTER REVIEW OF SUCH PLAN, THE COMMISSION
MAY REQUIRE THAT SUCH CORPORATION AMEND THE PLAN IN A PARTICULAR MANNER.
SUCH PLAN SHALL THEREAFTER  BECOME  ENFORCEABLE  UPON  APPROVAL  BY  THE
COMMISSION.  THE COMMISSION SHALL HAVE POWER TO COMMENCE A PROCEEDING TO
EXAMINE ANY SUCH CORPORATION'S COMPLIANCE WITH  THE  RECOMMENDATIONS  OF
SUCH AUDIT.
  (C)  Upon the application of a gas or electric corporation for a major
change in rates as defined in subdivision twelve of  this  section,  the
commission   shall   review   that  corporation's  compliance  with  the
directions and recommendations made previously by the commission,  as  a
result  of  the most recently completed management and operations audit.
The commission shall incorporate the findings  of  such  review  in  its
opinion  or order, AND SUCH FINDINGS SHALL BE ENFORCEABLE BY THE COMMIS-
SION.
  21. [The commission shall require every electric corporation to submit
storm plans to the commission for review and approval at such times  and
in  such  detail  and  form  as  the commission shall require, provided,
however, that the same shall be filed at least annually.] (A) EACH ELEC-

S. 2608--A                         25                         A. 3008--A

TRIC CORPORATION SHALL ANNUALLY, ON OR BEFORE DECEMBER FIFTEENTH, SUBMIT
TO THE COMMISSION AN EMERGENCY RESPONSE PLAN FOR  REVIEW  AND  APPROVAL.
THE  EMERGENCY RESPONSE PLAN SHALL BE DESIGNED FOR THE REASONABLY PROMPT
RESTORATION  OF  SERVICE  IN THE CASE OF AN EMERGENCY EVENT, DEFINED FOR
PURPOSES OF THIS SUBDIVISION AS AN EVENT WHERE WIDESPREAD  OUTAGES  HAVE
OCCURRED  IN THE SERVICE TERRITORY OF THE COMPANY DUE TO STORMS OR OTHER
CAUSES BEYOND THE CONTROL OF THE COMPANY. THE  EMERGENCY  RESPONSE  PLAN
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING: (I) THE IDEN-
TIFICATION OF MANAGEMENT STAFF RESPONSIBLE FOR COMPANY OPERATIONS DURING
AN  EMERGENCY;  (II)  A  COMMUNICATIONS  SYSTEM WITH CUSTOMERS DURING AN
EMERGENCY THAT EXTENDS BEYOND NORMAL BUSINESS HOURS AND BUSINESS  CONDI-
TIONS;  (III)  IDENTIFICATION OF AND OUTREACH PLANS TO CUSTOMERS WHO HAD
DOCUMENTED THEIR NEED FOR ESSENTIAL ELECTRICITY FOR MEDICAL NEEDS;  (IV)
IDENTIFICATION  OF  AND  OUTREACH  PLANS TO CUSTOMERS WHO HAD DOCUMENTED
THEIR NEED FOR ESSENTIAL ELECTRICITY TO  PROVIDE  CRITICAL  TELECOMMUNI-
CATIONS,   CRITICAL   TRANSPORTATION   AND  CRITICAL  FUEL  DISTRIBUTION
SERVICES; (V) DESIGNATION OF COMPANY STAFF  TO  COMMUNICATE  WITH  LOCAL
OFFICIALS AND APPROPRIATE REGULATORY AGENCIES; (VI) PROVISIONS REGARDING
HOW THE COMPANY WILL ASSURE THE SAFETY OF ITS EMPLOYEES AND CONTRACTORS;
(VII)  PROCEDURES  FOR  DEPLOYING  COMPANY  AND MUTUAL AID CREWS TO WORK
ASSIGNMENT AREAS;  (VIII)  IDENTIFICATION  OF  ADDITIONAL  SUPPLIES  AND
EQUIPMENT  NEEDED DURING AN EMERGENCY; (IX) THE MEANS OF OBTAINING ADDI-
TIONAL SUPPLIES AND EQUIPMENT; (X) PROCEDURES TO PRACTICE THE  EMERGENCY
RESPONSE PLAN; AND (XI) SUCH OTHER ADDITIONAL INFORMATION AS THE COMMIS-
SION  MAY  REQUIRE.  THE FILING WITH THE COMMISSION SHALL ALSO INCLUDE A
COPY OF ALL WRITTEN MUTUAL ASSISTANCE AGREEMENTS  AMONG  UTILITIES.  THE
COMMISSION  SHALL  ACCORD  PROTECTED TREATMENT OF CONFIDENTIAL, COMPETI-
TIVELY SENSITIVE OR OTHER PROPRIETARY INFORMATION CONTAINED IN ANY EMER-
GENCY RESPONSE PLAN.  EACH SUCH CORPORATION SHALL, ON AN  ANNUAL  BASIS,
UNDERTAKE  DRILLS  IMPLEMENTING  PROCEDURES  TO  PRACTICE  ITS EMERGENCY
MANAGEMENT PLAN.   THE  DEPARTMENT  MAY  ADOPT  ADDITIONAL  REQUIREMENTS
CONSISTENT WITH ENSURING THE REASONABLY PROMPT RESTORATION OF SERVICE IN
THE CASE OF AN EMERGENCY EVENT.
  (B)  AFTER  REVIEW  OF  A  CORPORATION'S  EMERGENCY RESPONSE PLAN, THE
COMMISSION MAY REQUIRE SUCH CORPORATION TO AMEND THE PLAN.  THE  COMMIS-
SION  MAY ALSO OPEN AN INVESTIGATION OF THE CORPORATION'S PLAN TO DETER-
MINE ITS SUFFICIENCY TO RESPOND ADEQUATELY TO AN EMERGENCY EVENT.    IF,
AFTER  HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE PLAN,
IT MAY ORDER THE COMPANY  TO  MAKE  SUCH  MODIFICATIONS  THAT  IT  DEEMS
REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
  (C)  THE  COMMISSION  IS AUTHORIZED TO OPEN AN INVESTIGATION TO REVIEW
THE PERFORMANCE OF ANY CORPORATION IN  RESTORING  SERVICE  OR  OTHERWISE
MEETING  THE REQUIREMENTS OF THE EMERGENCY RESPONSE PLAN DURING AN EMER-
GENCY EVENT. IF,  AFTER  EVIDENTIARY  HEARINGS  OR  OTHER  INVESTIGATORY
PROCEEDINGS, THE COMMISSION FINDS THAT THE CORPORATION FAILED TO REASON-
ABLY  IMPLEMENT ITS EMERGENCY RESPONSE PLAN OR THE LENGTH OF SUCH CORPO-
RATION'S OUTAGES WERE MATERIALLY LONGER THAN THEY WOULD  HAVE  BEEN  BUT
FOR  SUCH  FAILURE  TO REASONABLY IMPLEMENT ITS EMERGENCY RESPONSE PLAN,
THE COMMISSION MAY DENY THE RECOVERY OF ALL, OR ANY PART OF, THE SERVICE
RESTORATION COSTS, COMMENSURATE  WITH  THE  DEGREE  AND  IMPACT  OF  THE
SERVICE  OUTAGE;  PROVIDED,  HOWEVER,  THAT  NOTHING  HEREIN  LIMITS THE
COMMISSION'S AUTHORITY TO OTHERWISE COMMENCE A  PROCEEDING  PURSUANT  TO
SECTIONS TWENTY-FOUR AND TWENTY-FIVE OF THIS CHAPTER.
  (D) THE COMMISSION SHALL CERTIFY TO THE DEPARTMENT OF HOMELAND SECURI-
TY  AND  EMERGENCY  SERVICES  THAT  EACH  SUCH  CORPORATION'S  EMERGENCY

S. 2608--A                         26                         A. 3008--A

RESPONSE PLAN IS SUFFICIENT TO ENSURE TO THE  GREATEST  EXTENT  FEASIBLE
THE TIMELY AND SAFE RESTORATION OF ENERGY SERVICES AFTER AN EMERGENCY.
  S 5. Section 68 of the public service law, as amended by chapter 52 of
the laws of 1940, is amended to read as follows:
  S 68. [Approval  of incorporation and franchises; certificate] CERTIF-
ICATE OF PUBLIC CONVENIENCE AND NECESSITY.  1. CERTIFICATE REQUIRED.  No
gas  corporation  or  electric corporation shall begin construction of a
gas plant or electric plant without first having obtained the permission
and approval of the commission. No such corporation shall  exercise  any
right  or  privilege under any franchise hereafter granted, or under any
franchise heretofore granted but not heretofore actually  exercised,  or
the  exercise of which shall have been suspended for more than one year,
without first having obtained [the permission and approval of] A CERTIF-
ICATE OF PUBLIC CONVENIENCE AND  NECESSITY  ISSUED  BY  the  commission.
Before  such certificate shall be issued a certified copy of the charter
of such corporation shall be filed in  the  office  of  the  commission,
together with a verified statement of the president and secretary of the
corporation,  showing  that  it has received the required consent of the
proper municipal authorities. The commission shall have power  to  grant
the permission and approval herein specified whenever it shall after due
hearing  determine that such construction or such exercise of the right,
privilege or franchise is [necessary or] convenient  AND  NECESSARY  for
the public service. IN MAKING SUCH A DETERMINATION, THE COMMISSION SHALL
CONSIDER  THE ECONOMIC FEASIBILITY OF THE CORPORATION, THE CORPORATION'S
ABILITY TO FINANCE IMPROVEMENTS OF A GAS PLANT OR ELECTRIC PLANT, RENDER
SAFE, ADEQUATE AND RELIABLE SERVICE, AND  PROVIDE  JUST  AND  REASONABLE
RATES,  AND WHETHER ISSUANCE OF A CERTIFICATE IS IN THE PUBLIC INTEREST.
Except as provided in article [fourteen-a]  FOURTEEN-A  of  the  general
municipal  law,  no  municipality  shall build, maintain and operate for
other than municipal purposes any works or systems for  the  manufacture
and  supplying  of  gas  or  electricity for lighting purposes without a
certificate of authority granted by the commission. If  the  certificate
of  authority  is refused, no further proceedings shall be taken by such
municipality before the commission, but a new application  may  be  made
therefor after one year from the date of such refusal.
  2.  REVOCATION  OR  MODIFICATION  OF  CERTIFICATE.  THE COMMISSION MAY
COMMENCE A PROCEEDING TO REVOKE OR MODIFY SUCH CERTIFICATE AS IT RELATES
TO SUCH CORPORATION'S SERVICE TERRITORY OR ANY PORTION THEREOF BASED  ON
GOOD  CAUSE  SHOWN,  WITH  THE  INQUIRY INFORMED BY CONSIDERATION OF THE
FOLLOWING FACTORS:
  (A) THE FACTORS IDENTIFIED IN SUBDIVISION  ONE  OF  THIS  SECTION  FOR
ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY;
  (B)  WHETHER  ANOTHER PERSON, FIRM OR CORPORATION IS QUALIFIED, AVAIL-
ABLE, AND PREPARED TO PROVIDE ALTERNATIVE SERVICE THAT  IS  ADEQUATE  TO
SERVE  THE  PUBLIC CONVENIENCE AND NECESSITY, AND THAT THE TRANSITION TO
SUCH ALTERNATIVE PERSON, FIRM OR CORPORATION IS IN THE PUBLIC  INTEREST;
AND
  (C)  UPON  ANY  OTHER STANDARDS AND PROCEDURES DEEMED NECESSARY BY THE
COMMISSION TO ENSURE CONTINUITY OF SAFE AND ADEQUATE  SERVICE,  AND  DUE
PROCESS.
  S  6.  Paragraph  d  of  subdivision  1 of section 119-b of the public
service law, as amended by chapter 445 of the laws of 1995,  is  amended
to read as follows:
  d.  "Underground facilities" means pipelines, conduits, ducts, cables,
wires, GAS PRODUCTION AND GATHERING PIPELINE SYSTEMS DESIGNED TO OPERATE
AT THREE HUNDRED POUNDS PER  SQUARE  INCH  GAUGE  OR  HIGHER,  manholes,

S. 2608--A                         27                         A. 3008--A

vaults  or other such facilities or their attachments[, which have been]
installed underground by an operator to provide services  or  materials.
Such term shall not include oil [and gas] production and gathering pipe-
line  systems  used  primarily  to  collect oil [or gas] production from
wells.
  S 7. Subdivision 4 of section 760 of  the  general  business  law,  as
amended  by  chapter  685  of  the  laws  of 1994, is amended to read as
follows:
  4. "Underground facilities" means pipelines, conduits, ducts,  cables,
wires, GAS PRODUCTION AND GATHERING PIPELINE SYSTEMS DESIGNED TO OPERATE
AT  THREE  HUNDRED  POUNDS  PER  SQUARE  INCH GAUGE OR HIGHER, manholes,
vaults or other such facilities or their attachments[, which have  been]
installed  underground  by an operator to provide services or materials.
Such term shall not include oil [and gas] production and gathering pipe-
line systems used primarily to collect  oil  [or  gas]  production  from
wells.
  S 8. Paragraphs a and b of subdivision 1 of section 765 of the general
business law, as amended by chapter 685 of the laws of 1994, are amended
to read as follows:
  a.  Failure to comply with any provision of this article shall subject
an excavator or an operator to a civil penalty of up to [one] TWO  thou-
sand  FIVE  HUNDRED  dollars  for the first violation and up to an addi-
tional [seven] TEN thousand [five hundred] dollars for  each  succeeding
violation  [which]  THAT occurs [in connection with the entire self-same
excavation or demolition activity] within a [two] TWELVE month period.
  b. The penalties provided for by this article shall not  apply  to  an
excavator  who damages an underground facility due to the failure of the
operator to comply with any of the provisions of this article nor  shall
in  such  instance  the excavator be liable for repairs as prescribed in
subdivision [five] FOUR of this section.
  S 9. This act shall take effect immediately.

                                 PART P

  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 L of chapter 60 of the laws of 2011,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full  force  and
effect  on  and  after  April  1, 2003 and shall expire March 31, [2013]
2014.
  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, 2013.

                                 PART Q

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2013-2014
state fiscal year. Each component is wholly contained within  a  Subpart
identified  as Subparts A through E. The effective date for each partic-
ular provision contained within such Subpart is set forth  in  the  last
section of such Subpart. Any provision in any section contained within a
Subpart,  including  the  effective  date  of the Subpart, which makes a

S. 2608--A                         28                         A. 3008--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 corre-
sponding section of the Subpart in which it is found. Section  three  of
this Part sets forth the general effective date of this Part.

                                SUBPART A

  Section  1.  Section 579 of the banking law, as amended by chapter 629
of the laws of 2002, is amended to read as follows:
  S 579. Doing business without license  prohibited.  Only  a  [type  B]
not-for-profit corporation [as defined in section two hundred one of the
not-for-profit corporation law of this state,] or an entity incorporated
in  another  state  and  having  a  similar not-for-profit status, shall
engage in the business of budget planning as defined in subdivision  one
of  section four hundred fifty-five of the general business law [of this
state] except as authorized by this article and without first  obtaining
a license from the superintendent.
  S 2.  The opening paragraph of paragraph 1 of section 5 of the cooper-
ative  corporations  law, as amended by chapter 158 of the laws of 1978,
is amended to read as follows:
  The business corporation law applies to every  corporation  heretofore
or  hereafter  formed  under this chapter, or under any other statute or
special act of this state, or under laws other than the statutes of this
state, [which] THAT has as its purpose or among its purposes the cooper-
ative rendering of mutual help and service to its members and which,  if
formed  under  laws  other than the statutes of this state, would, if it
were to be formed currently under the laws  of  this  state,  be  formed
under this chapter except a membership cooperative as defined in section
three of this chapter, to which the not-for-profit corporation law shall
apply.  Any  corporation  to  which the business corporation law is made
applicable by this section shall be treated as a "corporation,"  "domes-
tic  corporation,"  or  "foreign corporation," as such terms are used in
the business  corporation  law;  provided,  however,  that  neither  the
purposes for which any such corporation may be formed under this chapter
nor  its  classification  as  a  non-profit corporation shall thereby be
extended or affected. Any corporation to which the not-for-profit corpo-
ration law is made applicable by this section shall be [a  type  D  not-
for-profit  corporation]  SUBJECT  TO  PROVISIONS GOVERNING CORPORATIONS
FORMED UNDER SUBPARAGRAPH FOUR OF PARAGRAPH (B) OF SECTION  TWO  HUNDRED
ONE OF THE NOT-FOR-PROFIT CORPORATION LAW.
  S  3.  Subdivision  4  of  section 455 of the general business law, as
amended by chapter 456 of the laws  of  2006,  is  amended  to  read  as
follows:
  4.  Person or entity as used in this article shall not include a [type
B] not-for-profit corporation as defined in section two hundred  one  of
the  not-for-profit corporation law of this state, or an entity incorpo-
rated in another state  and  having  a  similar  not-for-profit  status,
licensed  by  the superintendent OF FINANCIAL SERVICES, to engage in the
business of budget planning as defined in this section.
  S 4. Paragraphs (a) and (c)  of  section  103  of  the  not-for-profit
corporation  law, paragraph (a) as amended by chapter 807 of the laws of
1973 and paragraph (c) as amended by chapter 961 of the  laws  of  1972,
are amended to read as follows:
  (a)    Except  as  otherwise  provided  in  this section, this chapter
applies to every domestic corporation as herein defined,  and  to  every
foreign  corporation as herein defined which is authorized to conduct or

S. 2608--A                         29                         A. 3008--A

which conducts any activities in this state.  This chapter also  applies
to  any other domestic corporation or foreign corporation of any type or
kind to the extent, if any, provided  under  this  chapter  or  any  law
governing  such corporation and, if no such provision for application is
made, to the extent,  if  any,  that  the  membership  corporations  law
applied to such corporation as of the effective date of this chapter.  A
corporation formed by a special act of this state which has as its prin-
cipal  purpose an education purpose and which is a member of the univer-
sity of the state of New  York,  is  an  "education  corporation"  under
section two hundred sixteen-a of the education law.
  To  the  extent  that  the  membership corporations law or the general
corporation law applied to it as of the effective date of this  chapter,
the  corresponding  provisions  of  this  chapter apply to a corporation
heretofore formed by or pursuant to a special act of  this  state  other
than  a religious corporation or an "education corporation" under clause
(b) of subdivision one of section two hundred sixteen-a of the education
law, if (1) its principal purpose is a religious, charitable  or  educa-
tion  purpose, and (2) it is operated, supervised or controlled by or in
connection with a religious organization.    Any  such  corporation  may
elect  hereunder at any time after the effective date of this chapter to
file a RESTATED certificate of [type] INCORPORATION under section  [one]
EIGHT  hundred  [thirteen  (Certificate of type of not-for-profit corpo-
ration)] FIVE (RESTATED CERTIFICATE  OF  INCORPORATION).  SUCH  RESTATED
CERTIFICATE  OF INCORPORATION SHALL MEET THE REQUIREMENTS OF SECTION 402
(CERTIFICATE OF INCORPORATION; CONTENTS).    Upon  the  filing  of  such
certificate  by the department of state, this chapter shall apply in all
respects to such corporation.
  This chapter also applies to any other  corporation  of  any  type  or
kind,  formed not for profit under any other chapter of the laws of this
state except a chapter of the consolidated  laws,  to  the  extent  that
provisions  of  this chapter do not conflict with the provisions of such
unconsolidated law.  If an applicable provision of  such  unconsolidated
law  relates to a matter embraced in this chapter but is not in conflict
therewith, both provisions shall apply.  Any corporation to  which  this
chapter  is  made  applicable  by  this  paragraph shall be treated as a
"corporation" or "domestic corporation" as such terms are used  in  this
chapter,  except  that  the  purposes  of any such corporation formed or
formable under such unconsolidated law shall not  thereby  be  extended.
For the purpose of this paragraph, the effective date of this chapter as
to  corporations  to which this chapter is made applicable by this para-
graph shall be September one, nineteen hundred seventy-three.
  (c) If any provision in articles one to  thirteen  inclusive  of  this
chapter  conflicts with a provision of any subsequent articles or of any
special act under which a corporation to which this chapter  applies  is
formed,  the  provision  in  such  subsequent  article  or  special  act
prevails.  A provision of any such subsequent  article  or  special  act
relating  to  a matter referred to in articles one to thirteen inclusive
and not in conflict therewith is  supplemental  and  both  shall  apply.
Whenever  the  board  of  a [Type B] corporation FORMED FOR THE PURPOSES
SPECIFIED IN SUBPARAGRAPH TWO OF PARAGRAPH (B) OF  SECTION  TWO  HUNDRED
ONE  OF  THIS  CHAPTER,  formed under a special act, reasonably makes an
interpretation as to whether a provision of  the  special  act  or  this
chapter prevails, or both apply, such interpretation shall govern unless
and  until a court determines otherwise, if such board has acted in good
faith for a purpose which it reasonably  believes  to  be  in  the  best

S. 2608--A                         30                         A. 3008--A

interests of the corporation, provided however, that such interpretation
shall not bind any governmental body or officer.
  S  5.  Paragraph  (e) of section 104 of the not-for-profit corporation
law, as amended by chapter 833 of the laws of 1982, is amended  to  read
as follows:
  (e)    If  an instrument which is delivered to the department of state
for filing complies as to form with the requirements of law  [and  there
has  been  attached  to  it the consent or approval of the supreme court
justice, governmental body or officer, or, other person or body, if any,
whose consent to or approval of such instrument or the filing thereof is
required by any statute of this state] and the filing fee  and  tax,  if
any,  required by any statute of this state in connection therewith have
been paid, the instrument shall be filed and indexed by  the  department
of state.  No certificate of authentication or conformity or other proof
shall  be required with respect to any verification, oath or acknowledg-
ment of any instrument delivered to the department of state  under  this
chapter,  if  such verification, oath or acknowledgment purports to have
been made before a notary public, or person  performing  the  equivalent
function,  of  one  of  the  states,  or any subdivision thereof, of the
United States or the District of Columbia. Without limiting  the  effect
of  section  four  hundred three of this chapter, filing and indexing by
the department of state shall not be deemed a finding that a certificate
conforms to law, nor shall it be deemed to constitute an approval by the
department of state of the name of the corporation or  the  contents  of
the  certificate,  nor  shall  it  be  deemed to prevent any person with
appropriate standing from contesting the legality thereof in  an  appro-
priate  forum.  UPON THE WRITTEN NOTIFICATION TO THE DEPARTMENT OF STATE
BY ANY STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY OR OTHER  BODY  THAT  A
DOMESTIC  CORPORATION  OR  FOREIGN  AUTHORIZED CORPORATION HAS FAILED TO
OBTAIN THE CONSENT OR  APPROVAL  OF  SUCH  STATE  OFFICIAL,  DEPARTMENT,
BOARD,  AGENCY  OR  OTHER  BODY  FOR  ANY CERTIFICATE OR INSTRUMENT, THE
CORPORATION'S AUTHORITY TO CARRY ON, CONDUCT OR TRANSACT  ACTIVITIES  IN
THIS  STATE  SHALL BE SUSPENDED.  SUCH SUSPENSION SHALL BE ANNULLED UPON
THE FILING OF A CERTIFICATE OF AMENDMENT WITH THE  REQUIRED  CONSENT  OR
APPROVAL ANNEXED THERETO.
  S  6.  Subparagraph  7 of paragraph (a) of section 112 of the not-for-
profit corporation law, as amended by chapter 1058 of the laws of  1971,
is amended to read as follows:
  (7)    To  enforce  any  right  given under this chapter to members, a
director or an officer of a [Type B or Type C]  corporation  FORMED  FOR
THE  PURPOSES  SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF PARAGRAPH
(B) OF SECTION TWO HUNDRED ONE OF THIS CHAPTER.    The  attorney-general
shall have the same status as such members, director or officer.
  S 7. Section 113 of the not-for-profit corporation law is REPEALED.
  S  8.  Section  114 of the not-for-profit corporation law, as added by
chapter 847 of the laws of 1970, is amended to read as follows:
S 114. Visitation of supreme court.
  [Type B and Type C corporations] CORPORATIONS FORMED FOR THE  PURPOSES
SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF PARAGRAPH (B) OF SECTION
TWO HUNDRED ONE OF THIS CHAPTER, whether formed under general or special
laws,  with their books and vouchers, shall be subject to the visitation
and inspection of a justice of the  supreme  court,  or  of  any  person
appointed  by the court for that purpose.  If it appears by the verified
petition of a member or creditor of any such corporation,  that  it,  or
its directors, officers or agents, have misappropriated any of the funds
or property of the corporation, or diverted them from the purpose of its

S. 2608--A                         31                         A. 3008--A

incorporation,  or  that the corporation has acquired property in excess
of the amount which it is authorized by law to hold, or has  engaged  in
any business other than that stated in its certificate of incorporation,
the  court  may order that notice of at least eight days, with a copy of
the petition, be served on the corporation and the persons charged  with
misconduct,  requiring them to show cause at a time and place specified,
why they should not be required  to  make  and  file  an  inventory  and
account  of  the  property,  effects and liabilities of such corporation
with a detailed statement of its transactions during the  twelve  months
next  preceding  the  granting  of  such order.   On the hearing of such
application, the court may  make  an  order  requiring  such  inventory,
account  and  statement  to  be  filed, and proceed to take and state an
account of the property and  liabilities  of  the  corporation,  or  may
appoint  a  referee  for  that purpose.   When such account is taken and
stated, after hearing all the parties to the application, the court  may
enter  a  final  order determining the amount of property so held by the
corporation, its annual income, whether any of the property or funds  of
the  corporation  have  been  misappropriated  or  diverted to any other
purpose than that for  which  such  corporation  was  incorporated,  and
whether such corporation has been engaged in any activity not covered by
its certificate of incorporation.  An appeal may be taken from the order
by  any  party aggrieved to the appellate division of the supreme court,
and to the court of appeals, as in a civil action.  No corporation shall
be required to make and file more than one inventory and account in  any
one  year, nor to make a second account and inventory, while proceedings
are pending for the statement of an account under this section.
  S 9. Paragraph (b) of section 201 of  the  not-for-profit  corporation
law,  as  amended by chapter 847 of the laws of 1970, is amended to read
as follows:
  (b) A corporation, [of a type  and]  for  a  purpose  or  purposes  as
follows,  may  be  formed under this chapter, provided consents required
under any other statute of this state have been obtained:
  [Type A - A not-for-profit corporation of this type may be formed] (1)
for any lawful non-business  purpose  or  purposes  including,  but  not
limited  to,  any  one  or more of the following non-pecuniary purposes:
civic, patriotic, political, social, fraternal, athletic,  agricultural,
horticultural,  animal  husbandry,  and  for a professional, commercial,
industrial, trade or service association.
  [Type B - A not-for-profit corporation of this type may be formed] (2)
for any one or more of the following non-business purposes:  charitable,
educational,  religious,  scientific,  literary,  cultural  or  for  the
prevention of cruelty to children or animals.
  [Type C - A not-for-profit corporation of this type may be formed] (3)
for any lawful business purpose to achieve a  lawful  public  or  quasi-
public objective.
  [Type  D  -  A  not-for-profit  corporation of this type may be formed
under this chapter] (4) when such formation is authorized by  any  other
corporate law of this state for any business or non-business, or pecuni-
ary  or  non-pecuniary, purpose or purposes specified by such other law,
whether such purpose or purposes are also within [types A, B, C] SUBPAR-
AGRAPHS ONE, TWO OR THREE above or otherwise.
  S 10. Paragraph (c) of section 201 of the  not-for-profit  corporation
law,  as amended by chapter 1058 of the laws of 1971, is amended to read
as follows:
  (c) If a corporation is formed for purposes  which  are  [within  both
type  A  and  type  B  above,  it  is a type B corporation] SPECIFIED IN

S. 2608--A                         32                         A. 3008--A

SUBPARAGRAPHS ONE  AND  TWO  OF  PARAGRAPH  (B)  OF  THIS  SECTION,  ALL
PROVISIONS  GOVERNING  CORPORATIONS  FORMED  FOR  PURPOSES  SPECIFIED IN
SUBPARAGRAPH TWO OF PARAGRAPH (B) OF THIS SECTION SHALL  APPLY  TO  SUCH
CORPORATION.  [If a corporation has among its purposes any purpose which
is  within type C, such corporation is a type C corporation.] A [type D]
corporation [is subject to all provisions  of  this  chapter  which  are
applicable  to  a type B corporation under this chapter] FORMED PURSUANT
TO SUBPARAGRAPH FOUR OF PARAGRAPH (B) OF THIS SECTION SHALL BE  GOVERNED
BY  ALL  PROVISIONS GOVERNING CORPORATIONS FORMED FOR PURPOSES SPECIFIED
IN PARAGRAPH TWO OF SUBDIVISION (B) OF THIS SECTION unless  provided  to
the  contrary  in,  and subject to the contrary provisions of, the other
corporate law authorizing formation under this chapter of [the type D]
 SUCH corporation.
  S 11. Subparagraph 3 of paragraph (a) of section 301 of  the  not-for-
profit corporation law is amended to read as follows:
  (3)    Shall  not  contain  any word or phrase, or any abbreviation or
derivative thereof, the use of which  is  prohibited  or  restricted  by
[section  404  (Approvals  and  consents)  or] any other statute of this
state, [unless in the latter case the] EXCEPT IN  COMPLIANCE  WITH  SUCH
restrictions [have been complied with].
  S  12.  Subparagraphs  2  and 4 of paragraph (a) of section 402 of the
not-for-profit corporation law, subparagraph 2 as amended by chapter 847
of the laws of 1970 and subparagraph 4 as amended by chapter 679 of  the
laws of 1985, are amended to read as follows:
  (2)  That  the corporation is a corporation as defined in subparagraph
(a) (5) of section 102 (Definitions); the purpose or purposes for  which
it  is formed [and the type of corporation it shall be under section 201
(Purposes)]; and in the case  of  a  [Type  C]  corporation  FORMED  FOR
PURPOSES SPECIFIED IN SUBPARAGRAPH THREE OF PARAGRAPH (B) OF SECTION 201
(PURPOSES),  the  lawful  public  or quasi-public objective [which] each
business purpose will achieve.
  (4) [In the case of a Type A, Type B, or Type C corporation, the]  THE
names  and addresses of the initial directors. In the case of a [Type D]
corporation FORMED UNDER SUBPARAGRAPH FOUR OF PARAGRAPH (B)  OF  SECTION
201  (PURPOSES),  the  names  and addresses of the initial directors, if
any, may but need not be set forth.
  S 13. Paragraph (d) of section 502 of the  not-for-profit  corporation
law is amended to read as follows:
  (d)  A  member's  capital contribution shall be evidenced by a capital
certificate which shall be non-transferable, except that the certificate
of incorporation of a [Type A] corporation FORMED FOR THE PURPOSES SPEC-
IFIED IN SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SECTION 201 (PURPOSES) may
provide that its capital certificates, or some of them, may be transfer-
able to other members with the consent of the corporation upon specified
terms and conditions.
  S 14. Paragraph (b) of section 503 of the  not-for-profit  corporation
law,  subparagraph  1  as amended by chapter 847 of the laws of 1970, is
amended to read as follows:
  (b) Each capital certificate shall when issued  state  upon  the  face
thereof:
  [(1)  That  the  corporation is a Type ..... corporation under section
113 or section 402 of the New York Not-for-Profit Corporation Law.
  (2)] (1) The name of the member to whom issued.
  [(3)] (2) The amount of the member's capital contribution evidenced by
such certificate.

S. 2608--A                         33                         A. 3008--A

  [(4)] (3) If appropriate, [that the corporation is  a  Type  A  corpo-
ration,  and]  IN  THE  CASE OF A CORPORATION FORMED FOR THE PURPOSES OF
SUBPARAGRAPH (1) OF PARAGRAPH (B) OF SECTION 201  (PURPOSES),  that  its
certificate  of  incorporation  provides that the capital certificate is
transferable to other members with the consent of the corporation.
  S  15.  Subparagraph 1 of paragraph (b) of section 505 of the not-for-
profit corporation law, as amended by chapter 847 of the laws  of  1970,
is  REPEALED, and subparagraphs 2, 3, 4, 5 and 6 are renumbered subpara-
graphs 1, 2, 3, 4, and 5.
  S 16. Subparagraph 3 of paragraph (a) of section 510 of  the  not-for-
profit  corporation  law, as amended by chapter 847 of the laws of 1970,
is amended to read as follows:
  (3) If the corporation is, or would be if formed under this  chapter[,
classified  as a Type B or Type C corporation under] FOR PURPOSES SPECI-
FIED IN SUBPARAGRAPH TWO OR THREE OF PARAGRAPH  (B)  OF  section  201[,]
(Purposes) [such]. A sale, lease, exchange or other disposition shall in
addition  require leave of the supreme court in the judicial district or
of the county court of the county  in  which  the  corporation  has  its
office  or principal place of carrying out the purposes for which it was
formed.
  S 17. Paragraph (a) of section 513 of the  not-for-profit  corporation
law,  as  amended by chapter 690 of the laws of 1978, is amended to read
as follows:
  (a) [A] UNLESS OTHERWISE PROVIDED BY LAW  OR  IN  THE  CERTIFICATE  OF
INCORPORATION, A corporation [which is, or would be if formed under this
chapter,  classified as a Type B corporation shall] MAY hold full owner-
ship rights in any assets consisting of funds or other real or  personal
property  of any kind, that may be given, granted, bequeathed or devised
to or otherwise vested in such corporation  in  trust  for,  or  with  a
direction to apply the same to, any purpose specified in its certificate
of  incorporation, and shall not be deemed a trustee of an express trust
of such assets, EXCEPT FOR CORPORATIONS FORMED FOR PURPOSES SPECIFIED IN
SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SECTION 201 (PURPOSES).  [Any other
corporation subject  to  this  chapter  may  similarly  hold  assets  so
received,  unless  otherwise  provided  by  law or in the certificate of
incorporation.]
  S 18. Paragraph (a) of section 601 of the  not-for-profit  corporation
law,  as amended by chapter 1058 of the laws of 1971, is amended to read
as follows:
  (a) A corporation [shall] MAY have one or more classes of members, or,
[in the case of a Type B corporation,] may have no  members[,  in  which
case  any  such  provision  for classes of members or for no members]. A
CORPORATION WHICH HAS ONE OR MORE CLASSES  OF  MEMBERS  shall  [be]  set
forth  in the certificate of incorporation or the by-laws PROVISIONS FOR
SUCH CLASSES OF MEMBERS.  Corporations, joint-stock associations,  unin-
corporated  associations  and  partnerships, as well as any other person
without limitation, may be members.
  S 19. Subparagraph 3 of paragraph (a) of section 803 of  the  not-for-
profit  corporation law, as added by chapter 168 of the laws of 1982, is
amended to read as follows:
  (3) That the corporation is a corporation as defined  in  subparagraph
(a)  (5)  of  section  102 (Definitions)[; the type of corporation it is
under  section  201  (Purposes);  and  if  the  corporate  purposes  are
enlarged, limited or otherwise changed, the type of corporation it shall
thereafter be under section 201].

S. 2608--A                         34                         A. 3008--A

  S  20.  Subparagraph  (ii) of paragraph (a) of section 804 of the not-
for-profit corporation law, as amended by chapter 139  of  the  laws  of
1993, is amended to read as follows:
  (ii)  Every  certificate  of amendment of a corporation [classified as
type B or type C under] FORMED FOR THE PURPOSES  SPECIFIED  IN  SUBPARA-
GRAPH  TWO  OR  THREE  OF  PARAGRAPH (B) OF section 201 (Purposes) which
seeks to change or eliminate a purpose or power enumerated in the corpo-
ration's certificate of incorporation, or to add a power or purpose  not
enumerated  therein,  shall have endorsed thereon or annexed thereto the
approval of a justice of the supreme court of the judicial  district  in
which the office of the corporation is located. Ten days' written notice
of the application for such approval shall be given to the attorney-gen-
eral.
  S  21.  Paragraphs  (a)  and  (c) of section 907 of the not-for-profit
corporation law are amended to read as follows:
  (a) [Where any constituent corporation or the consolidated corporation
is, or would be if formed under this chapter, a  Type  B  or  a  Type  C
corporation under section 201 (Purposes) of this chapter, no] NO certif-
icate  shall  be filed pursuant to section 904 (Certificate of merger or
consolidation; contents) or  section  906  BY  CORPORATIONS  (Merger  or
consolidation  of  domestic  and  foreign  corporations)  FORMED FOR THE
PURPOSES SPECIFIED IN SUBPARAGRAPH TWO OR  THREE  OF  PARAGRAPH  (B)  OF
SECTION  201  (PURPOSES)  until an order approving the plan of merger or
consolidation and authorizing the filing of  the  certificate  has  been
made by the supreme court, as provided in this section. A certified copy
of  such  order shall be annexed to the certificate of merger or consol-
idation. Application for the order may be made in the judicial  district
in  which  the  principal office of the surviving or consolidated corpo-
ration is to be located, or in which the office of one of  the  domestic
constituent  corporations  is  located. The application shall be made by
all the constituent corporations jointly and shall set forth by  affida-
vit  (1)  the plan of merger or consolidation, (2) the approval required
by section 903 (Approval of plan) or paragraph (b) of section 906 (Merg-
er or consolidation of  domestic  and  foreign  corporations)  for  each
constituent  corporation,  (3)  the  objects  and  purposes of each such
corporation to be promoted by the consolidation, (4) a statement of  all
property, and the manner in which it is held, and of all liabilities and
of the amount and sources of the annual income of each such corporation,
(5)  whether  any votes against adoption of the resolution approving the
plan of merger or consolidation were cast at the meeting  at  which  the
resolution  as  adopted  by  each constituent corporation, and (6) facts
showing that the consolidation is authorized by the laws of  the  juris-
dictions  under  which  each of the constituent corporations is incorpo-
rated.
  (c) If the court shall find that any of  the  assets  of  any  of  the
constituent corporations are held for [a] ANY purpose specified [as Type
B]  in  SUBPARAGRAPH  TWO  OR  THREE  OF  paragraph  (b)  of section 201
(PURPOSES) or are legally required to be used for a particular  purpose,
but  not  upon  a  condition requiring return, transfer or conveyance by
reason of the merger or consolidation, the court may, in its discretion,
direct that such assets be transferred or conveyed to the  surviving  or
consolidated  corporation  subject  to such purpose or use, or that such
assets be transferred or  conveyed  to  the  surviving  or  consolidated
corporation  or to one or more other domestic or foreign corporations or
organizations engaged  in  substantially  similar  activities,  upon  an
express trust the terms of which shall be approved by the court.

S. 2608--A                         35                         A. 3008--A

  S  22.  Paragraphs  (a)  and  (f) of section 908 of the not-for-profit
corporation law are amended to read as follows:
  (a)  One  or more domestic or foreign corporations [which is, or would
be if formed under this chapter, a type A or type  C  corporation  under
section 201 (Purposes)] may be merged or consolidated into a domestic or
foreign  corporation  which  is, or would be if formed under the laws of
this state, a corporation formed under the business corporation  law  of
this state if such merger or consolidation is not contrary to the law of
the  state of incorporation of any constituent corporation. With respect
to such merger or consolidation,  any  reference  in  paragraph  (b)  of
section  901  [of  this  article]  (POWER OF MERGER OR CONSOLIDATION) or
paragraph (b) of section 901 of the business corporation law to a corpo-
ration shall, unless the context otherwise requires, include both domes-
tic and foreign corporations.
  (f) [Where any constituent corporation is, or would be if formed under
this chapter, a Type C corporation under section 201 (Purposes), no]  NO
certificate  shall  be  filed  pursuant  to this section BY CORPORATIONS
FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO OR THREE OF  PARA-
GRAPH (B) OF SECTION 201 (PURPOSES) until an order approving the plan of
merger  or  consolidation  and authorizing the filing of the certificate
has been made by the supreme court, as provided in section 907 (Approval
by the supreme court).
  S 23. Paragraphs (b) and (c) and subparagraph 3 of  paragraph  (d)  of
section  1001 of the not-for-profit corporation law, as amended by chap-
ter 434 of the laws of 2006, are amended to read as follows:
  (b) If [the] A corporation [is a Type  B,  C  or  D  corporation  and]
FORMED  FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF
PARAGRAPH (B) OF SECTION 201 (PURPOSES) has no assets to distribute  and
no liabilities at the time of dissolution, the plan of dissolution shall
include a statement to that effect.
  (c)  If  [the]  A  corporation  [is  a Type B, C or D corporation and]
FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR  OF
PARAGRAPH  (B) OF 201 (PURPOSES) has no assets to distribute, other than
a reserve not to exceed twenty-five thousand dollars for the purpose  of
paying ordinary and necessary expenses of winding up its affairs includ-
ing  attorney  and accountant fees, and liabilities not in excess of ten
thousand dollars at the time of adoption of the plan of dissolution, the
plan of dissolution shall include a statement to that effect.
  (3) if there are assets received and held by the corporation  [either]
for  a  purpose  specified  [as  Type B] in SUBPARAGRAPH TWO OR THREE OF
paragraph (b) of section 201 (Purposes)  or  [which]  THAT  are  legally
required  to  be  used  for  a  particular purpose, a statement that the
assets owned by the corporation, subject to any  unpaid  liabilities  of
the corporation, shall be distributed as required by any gift instrument
or  to  a  charitable organization or organizations exempt from taxation
pursuant to federal and state laws and engaged  in  activities  substan-
tially similar to those of the dissolved corporation.  Each such recipi-
ent  organization  shall  be identified and the governing instrument and
amendments thereto of each of the proposed recipient organizations shall
be annexed to such statement, along with the financial reports  of  each
recipient  organization  for  the last three years and a sworn affidavit
from a director and officer of each recipient organization  stating  the
purposes  of  the  organization,  and  that  it is currently exempt from
federal income taxation.

S. 2608--A                         36                         A. 3008--A

  S 24. Paragraphs (a) and (d) of section  1002  of  the  not-for-profit
corporation  law,  as  amended  by  chapter 434 of the laws of 2006, are
amended to read as follows:
  (a)  Upon  adopting  a plan of dissolution and distribution of assets,
the board shall submit it to a vote of the members,  if  any,  and  such
plan  shall  be  approved  at a meeting of members by two-thirds vote as
provided in paragraph (c) of section 613 (Vote  of  members);  provided,
however,  that  if  the  corporation  is  [a Type B, C or D corporation]
FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR  OF
PARAGRAPH (B) OF SECTION 201 (PURPOSES), other than a corporation incor-
porated pursuant to article 15 (Public cemetery corporations), [and] has
no  assets to distribute, other than a reserve not to exceed twenty-five
thousand dollars for  the  purpose  of  paying  ordinary  and  necessary
expenses  of  winding  up  its affairs including attorney and accountant
fees, and liabilities not in excess of ten thousand dollars at the  time
of  adoption of the plan of dissolution, the vote required by the corpo-
ration's board of directors for adoption of the plan of  dissolution  of
such a corporation or by the corporation's members for the authorization
thereof shall be:
  (1) In the case of a vote by the board of directors: (i) the number of
directors required under the certificate of incorporation, by-laws, this
chapter and any other applicable law; or
  (ii) if the number of directors actually holding office as such at the
time  of  the vote to adopt the plan is less than the number required to
constitute a quorum of directors under the certificate of incorporation,
the by-laws, this chapter or any other  applicable  law,  the  remaining
directors unanimously;
  (2)  In  the  case of a vote by the members, (i) the number of members
required under the certificate of incorporation, by-laws,  this  chapter
and  any other applicable law; or (ii) by the vote of members authorized
by an order of the supreme court pursuant to section 608 [of this  chap-
ter]  (QUORUM  AT  MEETING  OF  MEMBERS)  permitting  the corporation to
dispense with the applicable quorum requirement.
  Notice of a special or regular meeting of the board of directors or of
the members entitled to vote on adoption and authorization  or  approval
of  the  plan  of  dissolution  shall  be  sent to all the directors and
members of record entitled to vote. Unless otherwise directed  by  order
of  the  supreme court pursuant to section 608 [of this chapter] (QUORUM
AT MEETING OF MEMBERS), the notice shall  be  sent  by  certified  mail,
return  receipt  requested,  to the last known address of record of each
director and member not fewer than thirty, and not more than sixty  days
before  the  date  of  each  meeting provided, however, that if the last
known address of record of any director or  member  is  not  within  the
United  States,  the  notice to such director shall be sent by any other
reasonable means.
  (d) The plan of dissolution and  distribution  of  assets  shall  have
annexed  thereto  the  approval of a justice of the supreme court in the
judicial district in which the office of the corporation is  located  in
the case of a [Type B, C or D]corporation FORMED FOR THE PURPOSES SPECI-
FIED  IN SUBPARAGRAPH TWO, THREE OR FOUR OF PARAGRAPH (B) OF SECTION 201
(PURPOSES), and in the case of any other corporation which holds  assets
at  the time of dissolution legally required to be used for a particular
purpose, except that no such approval shall be required with respect  to
the  plan  of  dissolution  of  a  corporation, other than a corporation
incorporated pursuant to  article  15  (Public  cemetery  corporations),
which has no assets to distribute at the time of dissolution, other than

S. 2608--A                         37                         A. 3008--A

a  reserve not to exceed twenty-five thousand dollars for the purpose of
paying ordinary and necessary expenses of winding up its affairs includ-
ing attorney and accountant fees, and liabilities not in excess  of  ten
thousand  dollars,  and  which  has  complied  with  the requirements of
section 1001 (Plan of dissolution and distribution of assets)  and  this
section  applicable  to  such  a corporation. Application to the supreme
court for an order for such approval shall be by verified petition, with
the plan of dissolution and distribution of assets and certified  copies
of the consents prescribed by this section annexed thereto, and upon ten
days  written  notice  to  the attorney general accompanied by copies of
such petition, plan and consents. In  such  case  where  approval  of  a
justice  of  the  supreme  court  is not required for a [Type B, C or D]
corporation FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE
OR FOUR OF PARAGRAPH (B) OF SECTION 201 (PURPOSES), a copy of such  plan
certified  under  penalties  of perjury shall be filed with the attorney
general within ten days after its authorization.
  S 25. Subparagraph 1 of paragraph (c) of section 1002-a  of  the  not-
for-profit  corporation  law,  as  amended by chapter 434 of the laws of
2006, is amended to read as follows:
  (1) assets received and held by the corporation [either] for a purpose
specified [as Type B] in SUBPARAGRAPH TWO OR THREE OF paragraph  (b)  of
section  201  (Purposes)  or which are legally required to be used for a
particular purpose, shall be distributed to  one  or  more  domestic  or
foreign  corporations  or  other  organizations  engaged  in  activities
substantially similar to those of the dissolved corporation pursuant  to
the  plan  of dissolution and distribution or, if applicable, as ordered
by the court to which such plan is submitted for approval under  section
1002  (Authorization  of plan). Any disposition of assets contained in a
will or other instrument, in trust or otherwise, made  before  or  after
the  dissolution,  to or for the benefit of any corporation so dissolved
shall inure to or for the benefit of  the  corporation  or  organization
acquiring  such  assets of the dissolved corporation as provided in this
section, and so far as is necessary for that purpose the corporation  or
organization  acquiring  such disposition shall be deemed a successor to
the dissolved corporation with respect to such assets; provided,  howev-
er,  that such disposition shall be devoted by the acquiring corporation
or organization to the purposes intended by the testator, donor or gran-
tor.
  S 26. Subparagraph 4 of paragraph (a) of section 1003 of the  not-for-
profit  corporation  law is REPEALED and subparagraphs 5, 6, 7 and 8 are
renumbered subparagraphs 4, 5, 6 and 7.
  S 27. Subparagraph 2 of paragraph (b) of section 1003 of the  not-for-
profit  corporation  law, as amended by chapter 434 of the laws of 2006,
is amended to read as follows:
  (2) By the attorney general in the case of a [Type B, C or  D]  corpo-
ration  FORMED  FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR
FOUR OF PARAGRAPH (B) OF SECTION 201 (PURPOSES),  or  any  other  corpo-
ration  that holds assets at the time of dissolution legally required to
be used for a particular purpose.
  S 28. Subparagraph 15 of paragraph (a) of section 1008 of the not-for-
profit corporation law, as amended by chapter 434 of the laws  of  2006,
is amended to read as follows:
  (15) Where assets were received and held by the corporation either for
a  purpose  specified  [as Type B] in SUBPARAGRAPH TWO OR THREE OF para-
graph (b) of section 201 (Purposes), or were legally required to be used
for a particular purpose, the distribution of such assets to one or more

S. 2608--A                         38                         A. 3008--A

domestic or foreign  corporations  or  other  organizations  engaged  in
activities  substantially similar to those of the dissolved corporation,
on notice to the attorney general and to such other persons, and in such
manner, as the court may deem proper.
  S  29. Subparagraph 6 of paragraph (a) of section 1012 of the not-for-
profit corporation law is REPEALED.
  S 30. Section 1302 of the not-for-profit corporation law,  as  amended
by chapter 847 of the laws of 1970, is amended to read as follows:
S 1302. Application to existing authorized foreign corporations.
  Every  foreign corporation which on the effective date of this chapter
is authorized to conduct activities in this state under a certificate of
authority heretofore issued to  it  by  the  secretary  of  state  shall
continue to have such authority.  Such foreign corporation, its members,
directors,  and  officers  shall  have  the same rights, franchises, and
privileges and shall be subject to the same  limitations,  restrictions,
liabilities,  and  penalties  as  a foreign corporation authorized under
this chapter, its members, directors,  and  officers  respectively.    A
foreign  corporation  [may  by amendment to its certificate of authority
set forth the type of corporation it is under  section  201  (Purposes);
and  in  the absence of such amendment an authorized foreign corporation
shall be a Type B corporation] SHALL BE SUBJECT TO PROVISIONS  GOVERNING
CORPORATIONS  FORMED  UNDER SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SECTION
201 (PURPOSES), UNLESS OTHERWISE REQUIRED BY LAW.    Reference  in  this
chapter to an application for authority shall, unless the context other-
wise  requires,  include the statement and designation and any amendment
thereof required to be filed by the secretary of state under prior stat-
utes to obtain a certificate of authority.
  S 31. Subparagraph 4 of paragraph (a) of section 1304 of the  not-for-
profit  corporation  law,  as amended by chapter 847 of the laws of 1970
and as renumbered by chapter 590 of the laws of 1982, is amended to read
as follows:
  (4) That the corporation  is  a  foreign  corporation  as  defined  in
subparagraph  (a)  (7) of section 102 (Definitions); [the type of corpo-
ration it shall be under section 201 (Purposes);]  a  statement  of  its
purposes  to  be  pursued  in  this state and of the activities which it
proposes to conduct in this state; a statement that it is authorized  to
conduct  those  activities in the jurisdiction of its incorporation; and
in the case of a [Type C] corporation FORMED FOR THE PURPOSES  SPECIFIED
IN  SUBPARAGRAPH  THREE  OF PARAGRAPH (B) OF SECTION 201 (PURPOSES), the
lawful public or quasi-public objective which each business purpose will
achieve.
  S 32. Paragraph (a) of section 1321 of the not-for-profit  corporation
law,  subparagraphs  1, 2 and 3 as amended by chapter 847 of the laws of
1970, are amended to read as follows:
  (a)  Notwithstanding any other provision of this  chapter,  a  foreign
corporation  conducting  activities  in  this  state which is authorized
under this article, its directors, officers and members, shall be exempt
from the provisions of paragraph  (e)  of  section  1317  (Voting  trust
records), subparagraph (a) (1) of section 1318 (Liabilities of directors
and  officers  of  foreign  corporations),  and  subparagraph (a) (2) of
section 1320 (Applicability of other provisions) if when such  provision
would otherwise apply[:
  (1)  The  corporation is a Type A corporation under this chapter; its]
THE CORPORATION'S principal activities are conducted outside this state;
the greater part of its property is located outside this state; and  (1)
less than one third of its members are residents of this state; or

S. 2608--A                         39                         A. 3008--A

  (2)   [The corporation is a Type B corporation under this chapter; its
principal activities are conducted outside this state; the greater  part
of  its  property  is located outside this state; and] less than ten per
cent of its annual revenues is derived from solicitation of funds within
this state; or
  (3)   [The corporation is a Type C corporation under this chapter; its
principal activities are conducted outside this state; the greater  part
of  its  property is located outside this state; and] less than one half
of its revenues for the preceding three fiscal years,  or  such  portion
thereof  as  the  foreign corporation was in existence, was derived from
sources within this state.
  S 33.  Paragraph (d) of section 1401 of the not-for-profit corporation
law is REPEALED and paragraph (e) is relettered paragraph (d).
  S 34. Paragraph (b) of section 1402 of the not-for-profit  corporation
law  is REPEALED and paragraphs (c), (d), (e), (f), (g), (h) and (i) are
relettered paragraphs (b), (c), (d), (e), (f), (g) and (h).
  S 35. Paragraph (c) of section 1403 of the not-for-profit  corporation
law is REPEALED.
  S  36. Paragraph (b) of section 1404 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d) and  (e)  are  relettered  para-
graphs (b), (c) and (d).
  S  37. Paragraph (b) of section 1405 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d),  (e)  and  (f)  are  relettered
paragraphs (b), (c) (d) and (e).
  S  38. Paragraph (b) of section 1406 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d),  (e)  and  (f)  are  relettered
paragraphs (b), (c), (d) and (e).
  S  39. Paragraph (b) of section 1407 of the not-for-profit corporation
law is REPEALED and paragraphs (c) and (d) are relettered paragraphs (b)
and (c).
  S 40. Paragraph (b) of section 1408 of the not-for-profit  corporation
law is REPEALED and paragraph (c) is relettered paragraph (b).
  S  41. Paragraph (b) of section 1409 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d), (e), (f), (g),  (h),  (i),  (j)
and (k) are relettered paragraphs (b), (c), (d), (e), (f), (g), (h), (i)
and (j).
  S  42. Paragraph (b) of section 1410 of the not-for-profit corporation
law is REPEALED and paragraph (c) is relettered paragraph (b).
  S 43. Paragraph (b) of section 1411 of the not-for-profit  corporation
law  is REPEALED and paragraphs (c), (d), (e), (f), (g), (h) and (i) are
relettered paragraphs (b), (c), (d), (e), (f), (g) and (h).
  S 44. Paragraph (d) of section 1412 of the not-for-profit  corporation
law  is  REPEALED  and  paragraphs (e), (f) and (g) are relettered para-
graphs (d), (e) and (f), respectively.
  S 45. Paragraph (c) of section 1505 of the not-for-profit  corporation
law is REPEALED and paragraph (d) is relettered paragraph (c).
  S  46.  Subdivision 2 of section 2-b of the religious corporations law
is REPEALED and subdivisions 3 and 4 are renumbered subdivisions  2  and
3.
  S  47.  This  act shall take effect on the sixtieth day after it shall
have become a law.

                                SUBPART B

S. 2608--A                         40                         A. 3008--A

  Section 1. Paragraph (e) of section 104 of  the  business  corporation
law,  as  amended by chapter 832 of the laws of 1982, is amended to read
as follows:
  (e) If an instrument which is delivered to the department of state for
filing  complies  as  to  form  with  the  requirements of law and WHERE
REQUIRED BY STATUTE there  has  been  attached  to  it  the  consent  or
approval  of  the  state  official, [department, board,] agency or other
body, if any, whose consent to or approval of  such  instrument  or  the
filing  thereof  is required by any statute of this state and the filing
fee and tax, if any, required by any statute of this state in connection
therewith have been paid, the instrument shall be filed and  indexed  by
the  department of state. No certificate of authentication or conformity
or other proof shall be required with respect to any verification,  oath
or acknowledgment of any instrument delivered to the department of state
under  this  chapter,  if  such  verification,  oath  or  acknowledgment
purports to have been made before a notary public, or person  performing
the equivalent function, of one of the states, or any subdivision there-
of,  of  the United States or the District of Columbia. Without limiting
the effect of section four hundred three of  this  chapter,  filing  and
indexing by the department of state shall not be deemed a finding that a
certificate  conforms  to  law,  nor shall it be deemed to constitute an
approval by the department of state of the name of  the  corporation  or
the  contents  of the certificate, nor shall it be deemed to prevent any
person with appropriate standing from contesting the legality thereof in
an appropriate forum. UPON THE WRITTEN NOTIFICATION TO THE DEPARTMENT OF
STATE BY ANY STATE OFFICIAL, DEPARTMENT, BOARD,  AGENCY  OR  OTHER  BODY
THAT A DOMESTIC CORPORATION OR FOREIGN AUTHORIZED CORPORATION HAS FAILED
TO  OBTAIN  THE  CONSENT OR APPROVAL OF SUCH STATE OFFICIAL, DEPARTMENT,
BOARD, AGENCY OR OTHER BODY  FOR  ANY  CERTIFICATE  OR  INSTRUMENT,  THE
CORPORATION'S  AUTHORITY  TO  CARRY  ON, CONDUCT OR TRANSACT BUSINESS IN
THIS STATE SHALL BE SUSPENDED. SUCH SUSPENSION SHALL  BE  ANNULLED  UPON
THE  FILING  OF  A CERTIFICATE OF AMENDMENT WITH THE REQUIRED CONSENT OR
APPROVAL ANNEXED THERETO.
  S 2. Paragraphs (b) and (e) of section 201 of the business corporation
law, paragraph (b) as amended by chapter 182 of the laws  of  1981,  and
paragraph  (e)  as  amended by section 71 of part A of chapter 58 of the
laws of 2010, are amended to read as follows:
  (b) [The] CERTIFICATION THAT  approval  of  the  industrial  board  of
appeals HAS BEEN OBTAINED is required for the filing with the department
of  state  of any certificate of incorporation, certificate of merger or
consolidation or application of a foreign corporation for  authority  to
do  business  in  this  state  which states as the purpose or one of the
purposes of the corporation the formation of an organization  of  groups
of  working  men or women or wage earners, or the performance, rendition
or sale of services as labor consultant or as advisor  on  labor-manage-
ment  relations  or  as  arbitrator  or  negotiator  in labor-management
disputes.
  (e) A corporation may not include as its purpose or among its purposes
the establishment or maintenance of a  hospital  or  facility  providing
health  related  services, as those terms are defined in article twenty-
eight of the public health law unless its certificate  of  incorporation
shall  so  state  and  such certificate [shall have annexed thereto the]
INCLUDES A CERTIFICATION THAT approval of the public health  and  health
planning council OF SUCH PURPOSE HAS BEEN OBTAINED.

S. 2608--A                         41                         A. 3008--A

  S  3.  Clause (B) of subparagraph 5 of paragraph (a) of section 301 of
the business corporation law, as amended by chapter 155 of the  laws  of
2012, is amended to read as follows:
  (B)  Shall not contain any of the following words, or any abbreviation
or derivative thereof:
   acceptance             endowment           loan
   annuity                fidelity            mortgage
   assurance              finance             savings
   bank                   guaranty            surety
   benefit                indemnity           title
   bond                   insurance           trust
   casualty               investment          underwriter
   doctor                 lawyer
unless the [approval of the  superintendent  of  financial  services  is
attached  to  the]  certificate  of  incorporation,  or  application for
authority or amendment thereof INCLUDES A CERTIFICATION THAT APPROVAL OF
THE SUPERINTENDENT OF FINANCIAL SERVICES HAS BEEN  OBTAINED;  or  [that]
UNLESS  the  word  "doctor" or "lawyer" or an abbreviation or derivation
thereof is used in the name of a university faculty practice corporation
formed pursuant to section fourteen hundred twelve of the not-for-profit
corporation law or a professional service corporation formed pursuant to
article fifteen of this  chapter,  or  a  foreign  professional  service
corporation  authorized to do business in this state pursuant to article
fifteen-A of this chapter, the members  or  shareholders  of  which  are
composed exclusively of doctors or lawyers, respectively, or are used in
a context which clearly denotes a purpose other than the practice of law
or medicine.
  S  4. Subparagraphs 6, 7 and 11 of paragraph (a) of section 301 of the
business corporation law, subparagraph 7 as amended by  chapter  555  of
the laws of 1978 and subparagraph 11 as added by chapter 316 of the laws
of 2005, are amended to read as follows:
  (6)  Shall  not,  unless [the approval of the state board of standards
and appeals is attached to] the certificate of incorporation, or  appli-
cation  for authority or amendment thereof INCLUDES A CERTIFICATION THAT
THE APPROVAL OF THE STATE  BOARD  OF  STANDARDS  AND  APPEALS  HAS  BEEN
OBTAINED, contain any of the following words or phrases, or any abbrevi-
ation  or  derivative thereof:  union, labor, council, industrial organ-
ization, in a context which  indicates  or  implies  that  the  domestic
corporation is formed or the foreign corporation authorized as an organ-
ization  of working men or women or wage earners or for the performance,
rendition or sale of services as labor or management consultant, adviser
or specialist,  or  as  negotiator  or  arbitrator  in  labor-management
disputes.
  (7)  Shall not, unless [the approval of the state department of social
services is attached to] the certificate of incorporation,  or  applica-
tion  for  authority  or amendment thereof INCLUDES A CERTIFICATION THAT
THE APPROVAL OF  THE  STATE  DEPARTMENT  OF  SOCIAL  SERVICES  HAS  BEEN
OBTAINED, contain the word "blind" or "handicapped". Such approval shall
be granted by the state department of social services, if in its opinion
the word "blind" or "handicapped" as used in the corporate name proposed
will  not  tend to mislead or confuse the public into believing that the
corporation is organized for charitable or non-profit  purposes  related
to the blind or the handicapped.
  (11)  Shall  not, unless [the consent of the commissioner of education
is endorsed on or annexed to] the certificate of incorporation  INCLUDES
A  CERTIFICATION  THAT  THE CONSENT OF THE COMMISSIONER OF EDUCATION HAS

S. 2608--A                         42                         A. 3008--A

BEEN OBTAINED, contain the words  "school;"  "education;"  "elementary;"
"secondary;"  "kindergarten;"  "prekindergarten;"  "preschool;" "nursery
school;"  "museum;"  "history;"  "historical;"   "historical   society;"
"arboretum;" "library;" "college;" "university" or other term restricted
by section two hundred twenty-four of the education law; "conservatory,"
"academy,"  or  "institute,"  or  any abbreviation or derivative of such
terms. Such consent shall not be granted by the commissioner  of  educa-
tion,  if  in  the  commissioner's opinion, the use of such terms in the
corporate name is likely to mislead or confuse the public into believing
that the corporation is organized for non-profit educational purposes or
for educational business purposes that are not specified in  the  corpo-
rate purposes and powers contained in its certificate of incorporation.
  S  5. Section 406 of the business corporation law, as amended by chap-
ter 558 of the laws of 1999, is amended to read as follows:
S 406. Filing of a certificate of incorporation; facility for alcoholism
         or alcohol abuse, substance  abuse,  substance  dependence,  or
         chemical abuse or dependence.
  Every  certificate of incorporation which includes among its corporate
purposes the establishment or operation of a  program  of  services  for
alcoholism  or  alcohol abuse, substance abuse, substance dependence, or
chemical abuse or dependence shall [have  endorsed  thereon  or  annexed
thereto]  INCLUDE  A CERTIFICATION THAT the approval of the commissioner
of the state office of alcoholism and substance abuse  services  OF  THE
PURPOSES HAS BEEN OBTAINED.
  S  6.  Paragraph (a) of section 806 of the business corporation law is
amended to read as follows:
  (a) The department of state shall not file a certificate of  amendment
reviving the existence of a corporation unless THE CERTIFICATE OF AMEND-
MENT  INCLUDES A CERTIFICATION THAT the consent of the state tax commis-
sion to the revival [is delivered to the department] HAS BEEN  OBTAINED.
If  the  name  of  the  corporation being revived is not available under
section 301 (Corporate name; general) for  use  by  a  corporation  then
being  formed  under  this  chapter,  the certificate of amendment shall
change the name to one which is available for such use.
  S 7. Paragraph (a) of section 1003 of the business corporation law  is
amended by adding two new subparagraphs 6 and 7 to read as follows:
  (6)  A  CERTIFICATION  THAT  CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE DISSOLUTION HAS BEEN OBTAINED.
  (7) WITH RESPECT TO ANY CORPORATION THAT HAS DONE BUSINESS IN THE CITY
OF NEW YORK AND INCURRED LIABILITY FOR ANY TAX OR CHARGE  UNDER  CHAPTER
SIX,  SEVEN, EIGHT, TEN, ELEVEN, TWELVE, THIRTEEN, FOURTEEN, TWENTY-ONE,
TWENTY-FOUR, TWENTY-FIVE OR TWENTY-SEVEN OF TITLE ELEVEN OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK, A CERTIFICATION  THAT  CONSENT  OF
THE  COMMISSIONER  OF FINANCE OF THE CITY OF NEW YORK TO THE DISSOLUTION
HAS BEEN OBTAINED.
  S 8. Paragraph (a) of section 1004 of the business corporation law, as
amended by chapter 201 of the laws  of  2009,  is  amended  to  read  as
follows:
  (a) [The department shall not file such certificate unless the consent
of  the  state  department of taxation and finance to the dissolution is
attached thereto.] Upon [such] filing SUCH CERTIFICATE, the  corporation
is dissolved.
  S  9. Paragraph (b) of section 1004 of the business corporation law is
REPEALED.
  S 10. Subparagraph 8 of paragraph (a) of section 1304 of the  business
corporation  law,  as  amended by chapter 684 of the laws of 1963 and as

S. 2608--A                         43                         A. 3008--A

renumbered by chapter 590 of the laws of 1982, is  amended  to  read  as
follows:
  (8)  A statement that the foreign corporation has not since its incor-
poration or since the date its authority to do business  in  this  state
was  last  surrendered, engaged in any activity in this state, except as
set forth in paragraph (b) of section  1301  (Authorization  of  foreign
corporations),  or  in  lieu thereof A CERTIFICATION THAT the consent of
the state tax commission  to  the  filing  of  the  application[,  which
consent shall be attached thereto] HAS BEEN OBTAINED.
  S 11. Paragraph (a) of section 1310 of the business corporation law is
amended by adding a new subparagraph 7 to read as follows:
  (7)  A  CERTIFICATION  THAT  CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE SURRENDER OF AUTHORITY HAS BEEN OBTAINED.
  S 12. Paragraph (b) of section 1310 of the business corporation law is
REPEALED, and paragraphs (c) and (d) are relettered (b) and (c).
  S 13. Section 216 of the education law, as amended by chapter  901  of
the  laws  of 1972, and the closing paragraph as added by chapter 316 of
the laws of 2005, is amended to read as follows:
  S 216. Charters. Under such name, with  such  number  of  trustees  or
other managers, and with such powers, privileges and duties, and subject
to  such limitations and restrictions in all respects as the regents may
prescribe in conformity to law, they may, by an instrument  under  their
seal  and recorded in their office, incorporate any university, college,
academy, library, museum, or other institution or  association  for  the
promotion  of  science,  literature, art, history or other department of
knowledge, or  of  education  in  any  way,  associations  of  teachers,
students,  graduates of educational institutions, and other associations
whose approved purposes are, in whole or  in  part,  of  educational  or
cultural  value  deemed  worthy  of recognition and encouragement by the
university. No institution or association which might be incorporated by
the regents under this chapter shall, without their consent, be incorpo-
rated under any other general law. An institution or  association  which
might  be  incorporated  by the regents under this chapter may, with the
consent of the commissioner of education, be formed under  the  business
corporation  law  or  pursuant  to the not-for-profit corporation law if
[such consent of the commissioner  of  education  is  attached  to]  its
certificate  of  incorporation  INCLUDES A CERTIFICATION THAT CONSENT OF
THE COMMISSIONER OF EDUCATION TO THE INCORPORATION OF  SUCH  INSTITUTION
OR  ASSOCIATION HAS BEEN OBTAINED.  No individual, association, partner-
ship, company or corporation not authorized by special charter from  the
legislature  of  this  state or by charter from the regents to operate a
museum, or arboretum shall knowingly use, advertise or transact business
under the names "museum," or "arboretum," or any name, title or descrip-
tive material indicating or tending to imply that said individual, asso-
ciation, partnership, company or corporation conducts, carries on, or is
such a business when it is not, or that it is authorized to  operate  as
such,  unless  the right to do so has been granted by the regents or the
commissioner in writing. Any violation of  this  paragraph  shall  be  a
misdemeanor.  Notwithstanding  any  other  provision of this section, an
individual, association, partnership, company or corporation doing busi-
ness under any of such names on the effective date of this paragraph may
come into compliance with this paragraph by  obtaining  consent  of  the
regents or the commissioner within one year of such effective date.
  S  14.  Paragraph  (c)  of subdivision 2 of section 130 of the general
business law, as amended by chapter 316 of the laws of 2005, is  amended
to read as follows:

S. 2608--A                         44                         A. 3008--A

  (c)  No  corporation, limited partnership or limited liability company
shall use or file a certificate for the use of any name  or  designation
to carry on or conduct or transact business in this state which consists
of  or  includes  a  word  or  words  the  use of which is prohibited or
restricted  by  subparagraphs  three  through eleven of paragraph (a) of
section three hundred one of the business corporation  law  or  subpara-
graphs  three through nine of paragraph (a) of section three hundred one
and paragraph (w) of section four hundred  four  of  the  not-for-profit
corporation  law,  or  paragraph  three  of  subdivision  (a) of section
121-102 of the partnership law,  or  subdivisions  (d)  through  (i)  of
section  two  hundred four of the limited liability company law, respec-
tively, [without having obtained any necessary] UNLESS SUCH  CERTIFICATE
INCLUDES  A  CERTIFICATION  THAT  SUCH consents or approvals which would
permit the use of the word or words  pursuant  to  such  laws  HAS  BEEN
OBTAINED, OR WHERE REQUIRED BY STATUTE, SUCH CERTIFICATE HAS CONSENTS OR
APPROVALS ENDORSED THEREON OR ARE ANNEXED THERETO.
  S  15.  Subdivision  11 of section 130 of the general business law, as
added by chapter 316 of the laws of 2005, is amended to read as follows:
  11. Notwithstanding any other provision of this section, an  education
corporation  may  not  file  a  certificate  under this section with the
secretary of state, unless SUCH  CERTIFICATE  INCLUDES  A  CERTIFICATION
THAT  the  consent  of  the  board of regents [is endorsed on or annexed
thereto] HAS BEEN OBTAINED.  Nothing in this subdivision  shall  invali-
date  a  certificate lawfully filed by an education corporation pursuant
to this section prior to the effective date of this subdivision.
  S 16. Subdivision (f) of section 204 of the limited liability  company
law,  as  amended by chapter 155 of the laws of 2012, is amended to read
as follows:
  (f) shall not contain the following words, or any abbreviation
or derivative thereof:
            acceptance                    guaranty
            annuity                       indemnity
            assurance                     insurance
            attorney                      investment
            bank                          lawyer
            benefit                       loan
            bond                          mortgage
            casualty                      savings
            doctor                        surety
            endowment                     title
            fidelity                      trust
            finance                       underwriter
unless the [approval of the  superintendent  of  financial  services  is
attached  to  the] articles of organization INCLUDE A CERTIFICATION THAT
APPROVAL OF THE SUPERINTENDENT OF FINANCIAL SERVICES HAS  BEEN  OBTAINED
or unless the word "doctor" or "lawyer" or an abbreviation or derivative
thereof  is  used in a context that clearly denotes a purpose other than
the practice of law or medicine;
  S 17. Subdivisions (g) and (i) of section 204 of the limited liability
company law, subdivision (i) as added by chapter  316  of  the  laws  of
2005, are amended to read as follows:
  (g)  shall not, unless [the approval of the state department of social
services is attached to] the articles of organization or application for
authority INCLUDE A CERTIFICATION THAT THE APPROVAL OF THE STATE DEPART-
MENT OF SOCIAL SERVICES HAS BEEN OBTAINED, contain the word  "blind"  or
"handicapped." Such approval shall be granted by the state department of

S. 2608--A                         45                         A. 3008--A

social  services  if in its opinion the word "blind" or "handicapped" as
used in the limited liability company's proposed name will not  tend  to
mislead  or confuse the public into believing that the limited liability
company is organized for charitable or nonprofit purposes related to the
blind or the handicapped; and
  (i)  shall not, UNLESS THE ARTICLES OF ORGANIZATION OR APPLICATION FOR
AUTHORITY INCLUDE A CERTIFICATION THAT THE CONSENT OF  THE  COMMISSIONER
OF  EDUCATION  HAS BEEN OBTAINED, contain the following terms: "school,"
"education," "elementary," "secondary,"  "kindergarten,"  "prekindergar-
ten,"  "preschool," "nursery school," "museum," "history," "historical,"
"historical society," "arboretum," "library," "college," "university" or
other term restricted by section two hundred twenty-four of  the  educa-
tion  law; "conservatory," "academy," or "institute" or any abbreviation
or derivative of such terms[, shall have  endorsed  thereon  or  annexed
thereto the consent of the commissioner of education].
  S  18.  Section 209 of the limited liability company law is amended to
read as follows:
  S 209. Filing with the department  of  state.  A  signed  articles  of
organization  and  any  signed certificate of amendment or other certif-
icates filed pursuant to this chapter  or  of  any  judicial  decree  of
amendment or cancellation shall be delivered to the department of state.
If  the  instrument  that  is  delivered  to the department of state for
filing complies as to form with the requirements of law and  the  filing
fee  required  by  any statute of this state in connection therewith has
been paid, the instrument shall be filed and indexed by  the  department
of  state.  The  department  of  state shall not review such articles or
certificates for legal sufficiency;  its  review  shall  be  limited  to
determining that the form has been completed. UPON THE WRITTEN NOTIFICA-
TION  TO  THE  DEPARTMENT  OF  STATE  BY ANY STATE OFFICIAL, DEPARTMENT,
BOARD, AGENCY OR OTHER BODY THAT A DOMESTIC LIMITED LIABILITY COMPANY OR
FOREIGN AUTHORIZED LIMITED LIABILITY COMPANY HAS FAILED  TO  OBTAIN  THE
CONSENT OR APPROVAL OF SUCH STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY OR
OTHER  BODY  FOR  ANY  CERTIFICATE  OR INSTRUMENT, THE LIMITED LIABILITY
COMPANY'S AUTHORITY TO CARRY ON, CONDUCT OR TRANSACT  BUSINESS  IN  THIS
STATE  SHALL  BE  SUSPENDED.  SUCH SUSPENSION SHALL BE ANNULLED UPON THE
FILING OF A CERTIFICATE  OF  AMENDMENT  WITH  THE  REQUIRED  CONSENT  OR
APPROVAL ANNEXED THERETO.
  S  19. Clause (B) of subparagraph 5 of paragraph (a) of section 301 of
the not-for-profit corporation law, as amended by  chapter  155  of  the
laws of 2012, is amended to read as follows:
  (B)  Shall not contain any of the following words, or any abbreviation
or derivative thereof:

acceptance             fidelity               mortgage

annuity                finance                savings

assurance              guaranty               surety

bank                   indemnity              title

bond                   insurance              trust

casualty               investment             underwriter

doctor                 lawyer

S. 2608--A                         46                         A. 3008--A

endowment              loan

unless  [the  approval  of  the  superintendent of financial services is
attached to]  the  certificate  of  incorporation,  or  application  for
authority  or  amendment  thereof[;]  INCLUDES  A CERTIFICATION THAT THE
APPROVAL OF THE SUPERINTENDENT OF FINANCIAL SERVICES HAS BEEN  OBTAINED,
or  [that]  UNLESS  the word "doctor", OR "lawyer", or the phrase "state
police" or "state trooper" or an  abbreviation  or  derivation  thereof,
[may  be]  IS  used  ONLY in the name of a corporation the membership of
which is composed exclusively of doctors, lawyers,  state  policemen  or
state troopers, respectively.
  S 20. Section 404 of the not-for-profit corporation law, as amended by
chapter  139  of the laws of 1993, paragraph (b) as amended by section 4
of part D of chapter 58 of the laws of 2006, paragraphs (c), (k) and (l)
as further amended by section 104 of part A of chapter 62 of the laws of
2011, paragraphs (a), (c), (d), (e), (f), (g), (h), (i), (j), (k),  (l),
(m), (n) and (r) as relettered by chapter 431 of the laws of 1993, para-
graph  (g)  as  separately  amended  by chapter 201 of the laws of 1993,
paragraphs (o), (p) and (t) as amended by section 79 of part A of  chap-
ter  58  of the laws of 2010, paragraph (q) as amended by chapter 198 of
the laws of 2010, paragraph (u) as amended by chapter 558 of the laws of
1999, paragraph (v) as added by chapter 598 of the laws of 2000  and  as
further  amended  by  section 104 of part A of chapter 62 of the laws of
2011, paragraph (w) as amended by chapter 316 of the laws  of  2005,  is
amended to read as follows:
S 404. Approvals and consents.
  (a)  Every  certificate  of  incorporation  which  includes  among its
purposes the formation of a trade or  business  association  shall  have
endorsed thereon or annexed thereto the consent of the attorney-general.
  (b)  (1)  Every  certificate of incorporation which includes among its
purposes the care of  destitute,  delinquent,  abandoned,  neglected  or
dependent  children;  the  establishment  or operation of any adult care
facility, or the establishment or operation of a residential program for
victims of domestic violence as defined in subdivision four  of  section
four hundred fifty-nine-a of the social services law, or the placing-out
or  boarding-out of children or a home or shelter for unmarried mothers,
excepting the establishment or maintenance of  a  hospital  or  facility
providing  health-related services as those terms are defined in article
twenty-eight of the public health law and a facility for which an  oper-
ating  certificate is required by articles sixteen, nineteen, twenty-two
and thirty-one of  the  mental  hygiene  law;  or  the  solicitation  of
contributions  for  any  such  purpose or purposes, shall [have endorsed
thereon or annexed thereto] INCLUDE A CERTIFICATION THAT the approval of
the commissioner of the office of children and family services, or  with
respect  to any adult care facility, the commissioner of health, OF SUCH
PURPOSE HAS BEEN OBTAINED.
  (2) A corporation whose statement of  purposes  specifically  includes
the  establishment or operation of a child day care center, as that term
is defined in section three hundred ninety of the social  services  law,
shall provide a certified copy of the certificate of incorporation, each
amendment  thereto,  and  any  certificate  of  merger, consolidation or
dissolution involving such corporation to the  office  of  children  and
family services within thirty days after the filing of such certificate,
amendment,  merger,  consolidation or dissolution with the department of
state. This requirement shall also  apply  to  any  foreign  corporation
filing  an application for authority under section thirteen hundred four

S. 2608--A                         47                         A. 3008--A

of this chapter, any amendments thereto, and any surrender of  authority
or termination of authority in this state of such corporation.
  (c)  Every  certificate  of  incorporation  which  includes  among the
purposes of the corporation, the establishment, maintenance  and  opera-
tion  of  a  hospital  service  or a health service or a medical expense
indemnity plan or a dental expense indemnity plan as permitted in  arti-
cle  forty-three  of  the insurance law, shall [have endorsed thereon or
annexed thereto] INCLUDE A CERTIFICATION THAT the approval of the super-
intendent of financial services and the commissioner of health  OF  SUCH
PURPOSE HAS BEEN OBTAINED.
  (d)  Every  certificate  of incorporation which includes a purpose for
which a corporation might be chartered by the regents of the  university
of  the State of New York shall [have endorsed thereon or annexed there-
to] INCLUDE A CERTIFICATION THAT the  consent  of  the  commissioner  of
education TO SUCH PURPOSE HAS BEEN OBTAINED.
  (e)  Every  certificate  of  incorporation  of a cemetery corporation,
except those within the exclusionary provisions of section  1503  (Ceme-
tery  corporations)  shall  [have  endorsed  thereon or annexed thereto]
INCLUDE A CERTIFICATION THAT the approval of the cemetery board OF  SUCH
PURPOSE HAS BEEN OBTAINED.
  (f)  Every  certificate  of  incorporation of a fire corporation shall
[have endorsed thereon or annexed thereto] INCLUDE A CERTIFICATION  THAT
the  approval, signed and acknowledged, of the authorities of each city,
village, town or fire district in which the corporation proposes to act,
OF SUCH PURPOSE HAS BEEN OBTAINED. Such authorities shall be: in a city,
the mayor; in a village, a majority of the trustees; in a town, a major-
ity of the members of the town board; in a fire district, a majority  of
the  fire commissioners. The members of the town board of a town, or the
trustees of a village, shall not consent to  the  formation  of  a  fire
corporation as hereinbefore provided, until such board shall have held a
public  hearing  on  the  question of whether the fire company should be
incorporated. The notice shall be published at least once in  each  week
for  two  successive  weeks  in  the official newspaper published in the
county in which such fire corporation intends to locate,  prior  to  the
regular meeting of such board designated by the chairman of the board to
consider  the matter. Such notice shall contain the name of the proposed
company, the names of the persons signing the  certificate  of  incorpo-
ration, a brief description of the territory to be protected by the fire
company  and that all persons interested shall be heard. If no newspaper
is published in the county the publication of the notice shall be  in  a
newspaper in an adjoining county selected by the chairman of such board.
All  expenses  in connection with such publication shall be borne by the
parties making the application and paid before the hearing.
  (g) Every certificate of incorporation of a corporation for prevention
of cruelty to animals shall [have endorsed thereon or  annexed  thereto]
INCLUDE  A  CERTIFICATION  THAT the approval of the American Society for
the Prevention of Cruelty to Animals OF SUCH PURPOSE HAS BEEN  OBTAINED,
or, if such approval be withheld thirty days after application therefor,
a  certified  copy  of an order of a justice of the supreme court of the
judicial district in which the  office  of  the  corporation  is  to  be
located,  dispensing with such approval, granted upon eight days' notice
to such society.
  (h) Every certificate of incorporation  of  a  Young  Men's  Christian
Association  shall  [have endorsed thereon or annexed thereto] INCLUDE A
CERTIFICATION THAT the approval of the chairman of the national board of
Young Men's Christian Associations OF SUCH PURPOSE HAS BEEN OBTAINED.

S. 2608--A                         48                         A. 3008--A

  (i) Every  certificate  of  incorporation  which  indicates  that  the
proposed  corporation  is  to solicit funds for or otherwise benefit the
armed forces of the United States or of any foreign  country,  or  their
auxiliaries, or of this or any other state or any territory, shall [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
approval of the chief of staff OF SUCH PURPOSE HAS BEEN OBTAINED.
  (j) Every  certificate  of  incorporation  which  includes  among  its
purposes  the  organization of wage-earners for their mutual betterment,
protection and advancement; the regulation of hours  of  labor,  working
conditions,  or wages; or the performance, rendition or sale of services
as labor consultant, labor-management advisor,  negotiator,  arbitrator,
or  specialist; and every certificate of incorporation in which the name
of the proposed corporation  includes  "union",  "labor",  "council"  or
"industrial  organization", or any abbreviation or derivative thereof in
a context that indicates or implies that the corporation is  formed  for
any of the above purposes, shall [have endorsed thereon or annexed ther-
eto]  INCLUDE  A CERTIFICATION THAT the approval of the industrial board
of appeals OF SUCH PURPOSE HAS BEEN OBTAINED. The board shall make  such
inquiry  into  the purposes of the proposed corporation as it shall deem
advisable and shall order a hearing if necessary to determine whether or
not such purposes are in all respects consistent with public policy  and
the labor law. Notice of the time and place of hearing shall be given to
the applicants and such other persons as the board may determine.
  (k)  Every certificate of incorporation for a corporation which has as
its exclusive purpose the promotion of the  interests  of  savings  bank
life insurance or the promotion of the interests of member banks may, if
the  CERTIFICATE  INCLUDES  A  CERTIFICATION THAT approval of the super-
intendent of financial services [is endorsed thereon or annexed thereto]
HAS BEEN OBTAINED, use as a part of the corporate name any of the  words
or  phrases,  or  any  abbreviation  or derivative thereof, set forth in
subparagraph (5) of paragraph (a) of section 301 (Corporate name; gener-
al).
  (l) Every certificate of incorporation for a corporation which has  as
its  exclusive purpose the creation of an association of licensed insur-
ance agents, licensed insurance brokers, or  licensed  insurance  under-
writers  and  every  application  for authority of a foreign corporation
which is an independent laboratory engaged in testing for public safety,
or which has as its purpose the advancement of corporate,  governmental,
and  institutional  risk  and  insurance management, or which has as its
exclusive purpose the creation of an association of  insurers,  each  of
which  is  duly  licensed in this state or, if it does no business or is
not licensed in this state, is duly licensed in another state or foreign
jurisdiction may, if  the  CERTIFICATE  INCLUDES  A  CERTIFICATION  THAT
approval of the superintendent of financial services [is endorsed there-
on or annexed thereto] HAS BEEN OBTAINED, use as a part of the corporate
name  any  of  the  words  or phrases, or any abbreviation or derivative
thereof, set forth in subparagraph (5) of paragraph (a) of  section  301
(Corporate name; general).
  (m)  Every  certificate  of  incorporation  in  which  the name of the
proposed corporation includes the name of a political party shall  [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
consent of the chairman of the county committee of such political  party
of  the  county  in which the office of the corporation is to be located
HAS BEEN OBTAINED, except in cases where the supreme  court  finds  that
the withholding of such consent of the county chairman is unreasonable.

S. 2608--A                         49                         A. 3008--A

  (n)  Every  certificate  of  incorporation  in  which  the name of the
proposed corporation includes the words "American Legion,"  shall  [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
approval of the Department  of  New  York,  the  American  Legion,  duly
acknowledged by its commander or adjutant HAS BEEN OBTAINED.
  (o) Every certificate of incorporation which includes among its corpo-
rate  purposes  or powers the establishment or maintenance of any hospi-
tal, as defined in article twenty-eight of the public health law, or the
solicitation of contributions for any such purpose, or  purposes,  shall
[have  endorsed thereon or annexed thereto] INCLUDE A CERTIFICATION THAT
the approval of the public health and health planning  council  OF  SUCH
PURPOSE HAS BEEN OBTAINED.
  (p)  Every  certificate  of  incorporation of a medical corporation as
defined in article forty-four of the public  health  law  and  organized
pursuant  thereto  and  pursuant  to  this chapter, shall [have endorsed
thereon or annexed thereto] INCLUDE A CERTIFICATION THAT the consent  of
the  commissioner of health TO and the approval of the public health and
health planning council OF SUCH PURPOSE HAS BEEN OBTAINED.
  (q) Every certificate of incorporation which includes among its corpo-
rate purposes or powers the establishment, or operation  of  a  facility
for  which  an  operating  certificate  from  the commissioner of mental
health is required by article thirty-one of the mental hygiene  law,  or
the  solicitation  of  contributions  for  any such purpose, shall [have
endorsed thereon or annexed thereto] INCLUDE A  CERTIFICATION  THAT  the
approval  of  the commissioner of mental health OF SUCH PURPOSE HAS BEEN
OBTAINED.
  (r) Every certificate of incorporation of a health maintenance  organ-
ization  as  defined  in article forty-four of the public health law and
organized pursuant thereto and pursuant to  this  chapter,  shall  [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
consent of the commissioner of health TO SUCH PURPOSE HAS BEEN OBTAINED.
  (t) Every  certificate  of  incorporation  which  includes  among  its
purposes  and  powers  the establishment or maintenance of a hospital or
facility providing health related services, as those terms  are  defined
in article twenty-eight of the public health law, or the solicitation of
contributions  for  any  such  purpose  or two or more of such purposes,
shall [have endorsed thereon] INCLUDE A CERTIFICATION THAT the  approval
of  the  public  health  and health planning council OF SUCH PURPOSE HAS
BEEN OBTAINED.
  (u) Every  certificate  of  incorporation  which  includes  among  the
purposes  of  the  corporation,  the  establishment  or  operation  of a
substance abuse, substance dependence,  alcohol  abuse,  alcoholism,  or
chemical  abuse  or  dependence program, or the solicitation of contrib-
utions for any such purpose, shall [have  endorsed  thereon  or  annexed
thereto] INCLUDE A CERTIFICATION THAT the consent of the commissioner of
the  office  of alcoholism and substance abuse services to its filing by
the department of state TO SUCH PURPOSE HAS BEEN OBTAINED.
  (v) Every  certificate  of  incorporation  which  includes  among  the
purposes  of  the corporation, the establishment, maintenance and opera-
tion of a nonprofit property/casualty  insurance  company,  pursuant  to
article  sixty-seven  of the insurance law, shall [have endorsed thereon
or annexed thereto] INCLUDE A CERTIFICATION THAT  the  approval  of  the
superintendent of financial services OF SUCH PURPOSE HAS BEEN OBTAINED.
  (w)  Every  certificate  of  incorporation  in  which  the name of the
proposed corporation includes the terms: "school," "education," "elemen-
tary,"  "secondary,"  "kindergarten,"  "prekindergarten,"   "preschool,"

S. 2608--A                         50                         A. 3008--A

"nursery  school," "museum," "history," "historical," "historical socie-
ty," "arboretum,"  "library,"  "college,"  "university"  or  other  term
restricted  by  section  two  hundred  twenty-four of the education law;
"conservatory," "academy," or "institute," or any abbreviation or deriv-
ative  of  such  terms, shall [have endorsed thereon or annexed thereto]
INCLUDE A CERTIFICATION THAT the consent of the commissioner  of  educa-
tion HAS BEEN OBTAINED.
  S  21.  Paragraphs  (a)  and  (b) of section 804 of the not-for-profit
corporation law, as amended by chapter 139 of the laws of 1993, subpara-
graph (i) of paragraph (a) as amended by chapter  198  of  the  laws  of
2010, are amended to read as follows:
  (a) (i) A certificate of amendment shall not be filed if the amendment
adds,  changes or eliminates a purpose, power or provision the inclusion
of which in a certificate of incorporation requires consent or  approval
of a governmental body or officer or any other person or body, or if the
amendment  changes the name of a corporation whose certificate of incor-
poration had such consent or approval endorsed thereon or annexed there-
to, unless such consent  or  approval  is  no  longer  required,  or  AS
REQUIRED  BY STATUTE, SUCH CONSENT OR APPROVAL is endorsed on or annexed
to OR the certificate of amendment INCLUDES A  CERTIFICATION  THAT  SUCH
CONSENT OR APPROVAL HAS BEEN OBTAINED.
  (ii)  Every  certificate  of amendment of a corporation [classified as
type B or type C under section 201 (Purposes)] FORMED FOR  THE  PURPOSES
SPECIFIED  IN  SUBPARAGRAPH TWO OR THREE OF PARAGRAPH (B) OF SECTION 201
(PURPOSES) which seeks to change or eliminate a purpose or power enumer-
ated in the corporation's certificate of  incorporation,  or  to  add  a
power or purpose not enumerated therein, shall [have endorsed thereon or
annexed  thereto] INCLUDE A CERTIFICATION THAT the approval of a justice
of the supreme court of the judicial district in which the office of the
corporation is located HAS BEEN OBTAINED.  Ten days' written  notice  of
the  application for such approval shall be given to the attorney-gener-
al.
  (b) The department of state shall not file a certificate of  amendment
reviving  the existence of a corporation unless THE CERTIFICATE INCLUDES
A CERTIFICATION THAT the REQUIRED consent or approval of a  governmental
body  or officer or any other person or body [required to be endorsed on
or annexed to the certificate of incorporation of a  corporation  formed
for  similar  purposes,  is  attached thereto] HAS BEEN OBTAINED, or, if
notice to the attorney-general was required prior to the filing  of  its
certificate  of incorporation, the certificate of amendment should indi-
cate that such notice has been given as required by law.
  S 22. Section 909 of the not-for-profit corporation law, as amended by
section 6 of part D of chapter 58 of the laws of  2006,  is  amended  to
read as follows:
S 909. Consent to filing.
  If  the  purposes of any constituent or consolidated corporation would
require the approval or consent of any governmental body or  officer  or
any  other  person or body under section 404 (Approvals and consents) no
certificate of merger or consolidation shall be filed pursuant  to  this
article  unless  THE  CERTIFICATE  INCLUDES  A  CERTIFICATION  THAT such
approval OF or consent [is endorsed thereon or annexed thereto] TO  SUCH
PURPOSE HAS BEEN OBTAINED OR WHERE REQUIRED BY STATUTE, SUCH APPROVAL OR
CONSENT  IS  ENDORSED  THEREON OR ANNEXED THERETO.   A corporation whose
statement of purposes specifically includes the establishment or  opera-
tion  of  a  child  day  care center, as that term is defined in section
three hundred ninety of the social services law, shall provide a  certi-

S. 2608--A                         51                         A. 3008--A

fied  copy  of any certificate of merger or consolidation involving such
corporation to the office of children and family services within  thirty
days  after  the filing of such merger or consolidation with the depart-
ment of state.
  S  23. Paragraph (a) of section 1003 of the not-for-profit corporation
law is amended by adding two new  subparagraphs  8  and  9  to  read  as
follows:
  (8) A CERTIFICATION THAT THE CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE DISSOLUTION HAS BEEN OBTAINED.
  (9) WITH RESPECT TO ANY CORPORATION THAT HAS DONE BUSINESS IN THE CITY
OF  NEW  YORK AND INCURRED LIABILITY FOR ANY TAX OR CHARGE UNDER CHAPTER
SIX, SEVEN, EIGHT, TEN, ELEVEN, TWELVE, THIRTEEN, FOURTEEN,  TWENTY-ONE,
TWENTY-FOUR, TWENTY-FIVE OR TWENTY-SEVEN OF TITLE ELEVEN OF THE ADMINIS-
TRATIVE  CODE  OF  THE CITY OF NEW YORK, A CERTIFICATION THAT CONSENT OF
THE COMMISSIONER OF FINANCE OF THE CITY OF NEW YORK TO  THE  DISSOLUTION
HAS BEEN OBTAINED.
  S  24. Paragraph (a) of section 1004 of the not-for-profit corporation
law, as amended by chapter 201 of the laws of 2009, is amended  to  read
as follows:
  (a)  [The  department of state shall not file a certificate of dissol-
ution unless the consent of the state department of taxation and finance
to the dissolution is attached thereto.] Upon  filing  the  certificate,
the corporation is dissolved.
  S  25. Paragraph (b) of section 1004 of the not-for-profit corporation
law is REPEALED.
  S 26. Subparagraph 8 of paragraph (a) and  paragraph  (c)  of  section
1304  of the not-for-profit corporation law, subparagraph 8 of paragraph
(a) as renumbered by chapter 590 of the laws of  1982,  are  amended  to
read as follows:
  (8) A statement that the foreign corporation has not, since its incor-
poration  or  since the date its authority to conduct activities in this
state was last surrendered, done any act in this state,  except  as  set
forth  in paragraph (b) of section 1301 (Authorization of foreign corpo-
rations); or in lieu of such statement A CERTIFICATION THAT the  consent
of  the  state tax commission to the filing of the application [shall be
attached thereto] HAS BEEN OBTAINED.
  (c) If the application for authority sets forth any purpose or  activ-
ity  for  which  a  domestic  corporation  could be formed only with the
consent or approval of any governmental body or officer, or other person
or body under section 404 (Approvals  and  consents),  such  APPLICATION
SHALL  INCLUDE A CERTIFICATION THAT THE consent TO or approval [shall be
endorsed thereon or annexed thereto] OF SUCH PURPOSE HAS BEEN  OBTAINED,
OR WHERE REQUIRED BY STATUTE, SUCH APPROVAL OR CONSENT IS ENDORSED THER-
EON OR ANNEXED THERETO.
  S  27. Paragraph (c) of section 1309 of the not-for-profit corporation
law, as added by chapter 961 of the laws of 1972, is amended to read  as
follows:
  (c)  A certificate of amendment of application for authority shall not
be filed, if the amendment adds, changes or eliminates a purpose,  power
or  provision  the  inclusion  of  which in an application for authority
requires consent or approval of any  governmental  body  or  officer  or
other  person  or body, or if the amendment changes the name of a corpo-
ration whose application for authority  had  such  consent  or  approval
endorsed  thereon  or  annexed thereto, unless such AMENDMENT INCLUDES A
CERTIFICATION THAT SUCH consent  TO  or  approval  [is  endorsed  on  or
annexed  to  the  certificate of amendment] of application for authority

S. 2608--A                         52                         A. 3008--A

HAS BEEN OBTAINED, OR  WHERE  REQUIRED  BY  STATUTE,  SUCH  APPROVAL  OR
CONSENT IS ENDORSED THEREON OR ANNEXED THERETO.
  S  28. Paragraph (a) of section 1311 of the not-for-profit corporation
law is amended by adding a new paragraph 7 to read as follows:
  (7) A CERTIFICATION THAT CONSENT OF THE  DEPARTMENT  OF  TAXATION  AND
FINANCE TO THE SURRENDER OF AUTHORITY HAS BEEN OBTAINED.
  S  29. Paragraph (c) of section 1311 of the not-for-profit corporation
law is REPEALED and paragraph (d) is relettered paragraph (c).
  S 30. Paragraph (b) of section 1505  of  the  not-for-profit  law,  as
added by chapter 871 of the laws of 1977, is amended to read as follows:
  (b)    Cemetery board endorsement.  Every certificate of incorporation
of  a  cemetery  corporation,  except  those  within  the   exclusionary
provisions of section fifteen hundred three, shall [have endorsed there-
on  or annexed thereto] INCLUDE A CERTIFICATION THAT the approval of the
cemetery board as required in subdivision (e) of  section  four  hundred
four of this chapter HAS BEEN OBTAINED.
  S  31.  Subparagraphs (A) and (B) of paragraph 3 of subdivision (a) of
section 121-102 of the partnership law, subparagraph (A) as  amended  by
chapter  316 of the laws of 2005, subparagraph (B) as amended by chapter
155 of the laws of 2012, are amended to read as follows:
  (A) may not contain the  following  phrases  or  any  abbreviation  or
derivative thereof:
          board of trade                state trooper
          chamber of commerce           tenant relocation
          community renewal             urban development
          state police                  urban relocation
  Every  certificate  of  limited  partnership  in which the name of the
proposed limited partnership includes the terms: "school,"  "education,"
"elementary,"     "secondary,"     "kindergarten,"    "prekindergarten,"
"preschool,"  "nursery  school,"  "museum,"   "history,"   "historical,"
"historical society," "arboretum," "library," "college," "university" or
other  term  restricted by section two hundred twenty-four of the educa-
tion law; "conservatory," "academy," or "institute," or any abbreviation
or derivative of such terms, shall [have  endorsed  thereon  or  annexed
thereto] INCLUDE A CERTIFICATION THAT the consent of the commissioner of
education HAS BEEN OBTAINED.
  (B) may not contain the following words, or any abbreviation or deriv-
ative thereof:
          acceptance                    indemnity
          annuity                       insurance
          assurance                     investment
          bank                          lawyer
          benefit                       loan
          bond                          mortgage
          casualty                      savings
          doctor                        surety
          endowment                     title
          fidelity                      trust
          finance                       underwriter
          guaranty
unless  the  [approval  of  the  superintendent of financial services is
attached to the] certificate of limited partnership INCLUDES  A  CERTIF-
ICATION  THAT  THE  APPROVAL OF THE SUPERINTENDENT OF FINANCIAL SERVICES
HAS BEEN OBTAINED; or unless the word "doctor" or "lawyer" or an  abbre-
viation or derivative thereof is used in a context which clearly denotes
a purpose other than the practice of law or medicine.

S. 2608--A                         53                         A. 3008--A

  S  32.  Subparagraph  (C) of paragraph 3 of subdivision (a) of section
121-102 of the partnership law, as added by chapter 264 of the  laws  of
1991, is amended to read as follows:
  (C)  shall not, unless [the approval of the state department of social
services is attached to]  the  certificate  of  limited  partnership  or
application  for authority or amendment thereof INCLUDES A CERTIFICATION
THAT THE APPROVAL OF THE STATE DEPARTMENT OF SOCIAL  SERVICES  HAS  BEEN
OBTAINED, contain the word "blind" or "handicapped". Such approval shall
be  granted by the state department of social services if in its opinion
the word "blind" or "handicapped" as used  in  the  limited  partnership
name  proposed  will  not  tend  to  mislead  or confuse the public into
believing that the limited partnership is organized  for  charitable  or
nonprofit purposes related to the blind or the handicapped.
  S  33. Section 121-206 of the partnership law, as added by chapter 950
of the laws of 1990, is amended to read as follows:
  S 121-206. Filing with the department of state. A  signed  certificate
of limited partnership and any signed certificates of amendment or other
certificates filed pursuant to this article or of any judicial decree of
amendment or cancellation shall be delivered to the department of state.
If  the  instrument  which  is  delivered to the department of state for
filing complies as to form with the requirements of law and  the  filing
fee  required  by  any statute of this state in connection therewith has
been paid, the instrument shall be filed and indexed by  the  department
of  state.  UPON  THE WRITTEN NOTIFICATION TO THE DEPARTMENT OF STATE BY
ANY STATE OFFICIAL, DEPARTMENT, BOARD,  AGENCY  OR  OTHER  BODY  THAT  A
DOMESTIC  LIMITED  PARTNERSHIP OR FOREIGN AUTHORIZED LIMITED PARTNERSHIP
HAS FAILED TO OBTAIN THE CONSENT OR APPROVAL  OF  SUCH  STATE  OFFICIAL,
DEPARTMENT,  BOARD,  AGENCY OR OTHER BODY FOR ANY CERTIFICATE OR INSTRU-
MENT, THE LIMITED PARTNERSHIP'S AUTHORITY TO CARRY ON, CONDUCT OR TRANS-
ACT BUSINESS IN THIS STATE SHALL BE SUSPENDED. SUCH SUSPENSION SHALL  BE
ANNULLED UPON THE FILING OF A CERTIFICATE OF AMENDMENT WITH THE REQUIRED
CONSENT OR APPROVAL ANNEXED THERETO.
  S  34.  Section  14  of the private housing finance law, as amended by
chapter 544 of the laws of 1961, is amended to read as follows:
  S 14. Consent of commissioner  to  incorporation.  Whenever  any  such
certificate  shall  be  presented  to  the  secretary of state, [he] THE
SECRETARY shall not file such certificate unless [there shall  accompany
the  same a] THE CERTIFICATE INCLUDES A CERTIFICATION THAT A certificate
of the commissioner that he consents to the filing of  such  certificate
HAS  BEEN OBTAINED; nor shall any amendment to the certificate of incor-
poration be filed unless it [is accompanied by] INCLUDES A CERTIFICATION
THAT a certificate of  the  commissioner  consenting  thereto  HAS  BEEN
OBTAINED.  If  a company has entered into a contract with a municipality
for the construction of a municipally aided  project,  the  commissioner
shall  not issue a certificate consenting to an amendment of the certif-
icate of incorporation of such company, unless  the  supervising  agency
has given its written consent to such amendment.
  S 35. Subdivision 5 of section 573 of the private housing finance law,
as  amended  by  chapter  410 of the laws of 1984, is amended to read as
follows:
  5. The secretary of state shall not file the certificate  of  incorpo-
ration  of  any  such  corporation  or  any amendment thereto unless THE
CERTIFICATE INCLUDES A CERTIFICATION THAT the consent or approval of the
commissioner or the supervising agency, as the case may be, [is  affixed
thereon or attached thereto] HAS BEEN OBTAINED. Consent to the filing of
such  certificate  of  incorporation shall be based upon findings by the

S. 2608--A                         54                         A. 3008--A

commissioner or supervising agency as to the character and competence of
the sponsor.
  S  36.  Subdivision  1  of section 2801-a of the public health law, as
amended by section 57 of part A of chapter 58 of the laws  of  2010,  is
amended to read as follows:
  1.  No  hospital,  as  defined  in  this article, shall be established
except with the written approval of the public health and  health  plan-
ning  council.  No certificate of incorporation of a business membership
or not-for-profit corporation shall hereafter be  filed  which  includes
among its corporate purposes or powers the establishment or operation of
any  hospital,  as  defined  in  this  article,  or  the solicitation of
contributions for any such purpose, or two or  more  of  such  purposes,
except  with  the written approval of the public health and health plan-
ning council, and when otherwise required by law of  a  justice  of  the
supreme  court,  [endorsed on or annexed to] the certificate of incorpo-
ration INCLUDES A CERTIFICATION THAT  SUCH  WRITTEN  APPROVAL  HAS  BEEN
OBTAINED.  No  articles  of  organization of a limited liability company
established pursuant to the New York limited liability company law which
includes among its powers or purposes the establishment or operation  of
any hospital as defined in this article, shall be filed with the depart-
ment  of state except [upon] WHEN THE ARTICLES OF ORGANIZATION INCLUDE A
CERTIFICATION THAT the approval of the public health and health planning
council HAS BEEN OBTAINED.
  S 37. Section 41 of the transportation corporations law, as amended by
chapter 782 of the laws of 1969, is amended to read as follows:
  S 41. Municipal consent to incorporation. No certificate  of  incorpo-
ration  of  a  water-works  corporation  shall be filed unless [there be
annexed thereto a] THE CERTIFICATE INCLUDES A CERTIFICATION THAT consent
to the formation of the corporation,  signed  and  acknowledged  by  the
local  authorities  of  each  municipality named in such certificate HAS
BEEN OBTAINED.  Such authorities shall be:  in a city, a majority of the
members of the board or body having charge of the water  supply,  or  if
there  be  no such board or body, a majority of the members of the local
legislative body; in a village, a majority of the members of  the  board
of  trustees; in a town outside of a village, the town superintendent of
highways and a majority of the members of the town board.  Such  consent
to  the  formation of the corporation shall not be granted by said local
authorities until ten days prior notice in writing  of  the  application
for such consent and until an engineering plan for proposed water system
specifying  location  and  size  and  type of wells, pumps, distribution
mains and other facilities  of  the  water  supply  and/or  distribution
system is furnished by the water works corporation to the local authori-
ties and to the county water authority, and to the county water district
if  there  be  such authority or district where the proposed corporation
seeks to operate; and until said authority or district has  reported  in
writing  to  the  municipality named in the certificate of incorporation
its recommendations as to whether or not such consent should be granted,
setting forth the reasons for such recommendation and a  finding  as  to
whether  the proposed water supply and/or distribution system is reason-
ably comparable to standards of a county-wide water system and  suitable
for eventual integration with such county-wide water system. Said report
shall  be  filed with such municipality on or before the tenth day after
the giving of the notice aforesaid.
  S 38. Subdivision 1 of section 116 of the transportation  corporations
law,  as  amended by chapter 828 of the laws of 1970, is amended to read
as follows:

S. 2608--A                         55                         A. 3008--A

  1. No certificate of incorporation of a sewage-works corporation shall
be filed unless [there be annexed thereto] THE  CERTIFICATE  INCLUDES  A
CERTIFICATION THAT a certificate or certificates duly executed in behalf
of  the local governing bodies of the city, town or village, as the case
may be, in which any part of a sewer system provided by such corporation
is situate and, in the county of Suffolk, an additional certificate duly
executed  in behalf of the county sewer agency, consenting to the forma-
tion of the corporation for the area described in such  certificate  HAS
BEEN OBTAINED.
  S  39.  This  act shall take effect immediately; provided however that
section twenty-three of this act shall take effect on the  sixtieth  day
after it shall have become a law.

                                SUBPART C

  Section  1.  Paragraph  (a) of section 602 of the business corporation
law is amended to read as follows:
  (a) Meetings of shareholders may be held  at  such  place,  within  or
without  this  state, as may be fixed by or under the by-laws, or if not
so fixed, at the office of the corporation in this  state.    EXCEPT  AS
PROVIDED  IN  THE  BY-LAWS, SHAREHOLDERS MAY PARTICIPATE IN A MEETING BY
MEANS OF CONFERENCE TELEPHONE OR  SIMILAR  COMMUNICATIONS  EQUIPMENT  BY
MEANS  OF  WHICH  ALL PERSONS PARTICIPATING IN THE MEETING CAN HEAR EACH
OTHER. SUCH PARTICIPATION SHALL CONSTITUTE PRESENCE  IN  PERSON  AT  THE
MEETING.
  S 2. Paragraph (b) of section 402 of the limited liability company law
is amended to read as follows:
  (b) Except as provided in the operating agreement, any member may vote
in person [or], by proxy, OR BY ELECTRONIC MEANS.
  S  3.  Paragraphs  (a)  and  (c)  of section 603 of the not-for-profit
corporation law, paragraph (c) as amended by chapter 961 of the laws  of
1972, are amended to read as follows:
  (a)  Meetings  of members may be held at such place, within or without
this state, as may be fixed by or under the by-laws or, if not so fixed,
at the office of the corporation in this state.  EXCEPT AS  PROVIDED  IN
THE BY-LAWS, MEMBERS MAY PARTICIPATE IN A MEETING BY MEANS OF CONFERENCE
TELEPHONE  OR  SIMILAR  COMMUNICATIONS  EQUIPMENT  BY MEANS OF WHICH ALL
PERSONS PARTICIPATING IN THE MEETING CAN HEAR EACH OTHER.  SUCH  PARTIC-
IPATION SHALL CONSTITUTE PRESENCE IN PERSON AT THE MEETING.
  (c)  Special meetings of the members may be called by the board and by
such person or persons as may be authorized by the certificate of incor-
poration or the by-laws.  In any case, such meetings may be convened  by
the  members  entitled to cast ten per cent of the total number of votes
entitled to be cast at such meeting, who may,  in  writing,  demand  the
call  of  a special meeting specifying the date and month thereof, which
shall not be less than two nor more than three months from the  date  of
such written demand. The secretary of the corporation upon receiving the
written  demand  shall  promptly  give  notice of such meeting, or if he
fails to do so within five business days thereafter, any member  signing
such demand may give such notice. The meeting shall be held at the place
fixed  in  the  by-laws or, if not so fixed, at the office of the corpo-
ration.  EXCEPT AS PROVIDED IN THE BY-LAWS, MEMBERS MAY PARTICIPATE IN A
MEETING BY MEANS  OF  CONFERENCE  TELEPHONE  OR  SIMILAR  COMMUNICATIONS
EQUIPMENT BY MEANS OF WHICH ALL PERSONS PARTICIPATING IN THE MEETING CAN
HEAR  EACH OTHER. SUCH PARTICIPATION SHALL CONSTITUTE PRESENCE IN PERSON
AT THE MEETING.

S. 2608--A                         56                         A. 3008--A

  S 4. Paragraph (b) of section 121-405 of the partnership law, as added
by chapter 950 of the laws of 1990, is amended to read as follows:
  (b)  A  partnership  agreement  may  set  forth provisions relating to
notice of the time, place or purpose of any meeting at which any  matter
is  to  be  voted on by any general partners, waiver of any such notice,
action by consent without a meeting, the establishment of a record date,
quorum requirements, voting in person [or], by proxy, OR  BY  ELECTRONIC
MEANS or any other matter with respect to the exercise of any such right
to vote.
  S 5. This act shall take effect immediately.

                                SUBPART D

  Section  1. Section 401 of the business corporation law, as amended by
chapter 900 of the laws of 1974, is amended to read as follows:
S 401. Incorporators.
  One or more natural persons [of the age of] AT  LEAST  eighteen  years
[or  over]  OF  AGE  OR  ANY  PARTNERSHIP, LIMITED LIABILITY COMPANY, OR
CORPORATION, SINGLY OR JOINTLY WITH OTHERS, may act as incorporators  of
a corporation to be formed under this chapter.
  S  2. Subdivisions (a) and (b) of section 203 of the limited liability
company law, subdivision (a) as amended by chapter 470 of  the  laws  of
1997, is amended to read as follows:
  (a)  One or more NATURAL persons AT LEAST EIGHTEEN YEARS OF AGE OR ANY
PARTNERSHIP, LIMITED LIABILITY COMPANY, SINGLY OR JOINTLY  WITH  OTHERS,
may act as an organizer or organizers to form a limited liability compa-
ny by (i) preparing the articles of organization of such limited liabil-
ity  company  in  accordance  with subdivision (e) of this section, (ii)
executing such articles of organization in accordance with  section  two
hundred  seven  of this article and (iii) filing such articles, entitled
"Articles of organization of...  (name  of  limited  liability  company)
under  section  two hundred three of the Limited Liability Company Law,"
in accordance with section two hundred nine of this article.
  (b) An organizer may, but need not be, a member of the limited liabil-
ity company that he [or], she OR IT forms.
  S 3. Section 401 of the not-for-profit corporation law, as amended  by
chapter 901 of the laws of 1974, is amended to read as follows:
S 401. Incorporators.
  One  or  more  natural  persons  at least eighteen years of age OR ANY
PARTNERSHIP, LIMITED LIABILITY COMPANY, OR CORPORATION, SINGLY OR JOINT-
LY WITH OTHERS, may act as incorporators of a corporation to  be  formed
under this chapter.
  S 4. This act shall take effect immediately.

                                SUBPART E

  Section  1.  Section 19 of the general associations law, as amended by
chapter 166 of the laws of 1991, is amended to read as follows:
  S 19. Service of process. Service of process  against  an  association
upon  the  secretary  of state shall be made by personally delivering to
and leaving with [him] THE SECRETARY OF STATE or a deputy [secretary  of
state  or  an  associate  attorney,  senior  attorney or attorney in the
corporation division of the department of  state,  duplicate  copies  of
such  process],  OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE
TO RECEIVE SUCH SERVICE at the office of the department of state in  the
city of Albany, DUPLICATE COPIES OF SUCH PROCESS TOGETHER WITH THE STAT-

S. 2608--A                         57                         A. 3008--A

UTORY  FEE,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT.  [At the time of
such service the plaintiff shall pay a  fee  of  forty  dollars  to  the
secretary of state which shall be a taxable disbursement. If the cost of
registered  mail for transmitting a copy of the process shall exceed two
dollars, an additional fee equal to such excess shall  be  paid  at  the
time  of  the  service  of  such  process.] The secretary of state shall
[forthwith] PROMPTLY send by  CERTIFIED  registered  mail  one  of  such
copies  OF SUCH PROCESS to the association at the address fixed for that
purpose, as herein provided. If the action or proceeding  is  instituted
in  a  court  of limited jurisdiction, service of process may be made in
the manner provided in this section if the cause of action arose  within
the  territorial jurisdiction of the court and the office of the defend-
ant, as set forth in its statement filed pursuant to section eighteen of
this chapter, is within such territorial jurisdiction.
  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 Subparts A through E of this act  shall
be as specifically set forth in the last section of such Subparts.
  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 Q of this act shall be
as specifically set forth in the last section of such Parts.

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

    S. 2608--B                                            A. 3008--B

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

                            January 22, 2013
                               ___________

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

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

AN ACT to authorize funding for the Consolidated Local Street and  High-
  way  Improvement  Program  (CHIPS)  and  Marchiselli program for state
  fiscal year 2013-2014 (Part A); to amend the tax law, in  relation  to
  the  statewide  transmission  tax  (Part  B); to amend the vehicle and
  traffic law, in relation to imposing drivers license  sanctions  (Part
  C);  to amend the vehicle and traffic law, in relation to the hours of
  operation of the department of motor vehicles (Part D); to  amend  the
  public  authorities law, in relation to enforcement assistance; and to
  repeal section 357-a of such law relating to payment by the  New  York
  state thruway authority for services provided by the division of state
  police  (Part  E); to amend the environmental conservation law and the
  state finance law, in relation to establishing the  "Cleaner,  Greener
  NY  Act  of  2013"; and repealing section 27-1017 of the environmental
  conservation law relating thereto (Part F); to amend the environmental
  conservation law, in relation to waste tire management  and  recycling
  fees  (Part G); 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  H);  to  amend
  chapter  58  of  the  laws of 2012 amending the public authorities law
  relating to authorizing the dormitory authority to enter into  certain
  design  and construction management agreements, in relation to extend-
  ing certain authority of the dormitory authority of the state  of  New
  York (Part I); Intentionally omitted (Part J); to authorize and direct

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12573-03-3

S. 2608--B                          2                         A. 3008--B

  the New York state energy research and development authority to make a
  payment  to  the general fund of up to $913,000 (Part K); 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  L);  to  authorize  the  department  of health to
  finance certain activities with revenues generated from an  assessment
  on  cable  television  companies (Part M); to amend the public service
  law, in relation to extending the temporary state energy  and  utility
  conservation  assessment; and to amend section 6 of part NN of chapter
  59 of the laws of 2009 amending the public  service  law  relating  to
  financing  the  operations  of  the  department of public service, the
  public service commission, department support  and  energy  management
  services  provided  by  other  state  agencies, increasing the utility
  assessment cap and the minimum threshold  for  collection  thereunder,
  and  establishing a temporary state energy and utility service conser-
  vation  assessment  and  providing  for  the  collection  thereof,  in
  relation to extending the effectiveness thereof (Part N); to amend the
  public  service  law,  in  relation to strengthening the oversight and
  enforcement mechanisms of the Public Service Commission; to amend  the
  general  business  law,  in  relation  to  expanding the definition of
  underground facilities and increasing fines for violations relating to
  the protection  of  underground  facilities;  and  to  repeal  certain
  provisions  of  the  public  service law relating thereto (Part O); to
  amend chapter 21 of the laws  of  2003,  amending  the  executive  law
  relating  to  permitting  the  secretary  of  state to provide special
  handling for all documents filed or issued by the division  of  corpo-
  rations  and to permit additional levels of such expedited service, in
  relation to extending the expiration date thereof (Part P);  to  amend
  the  banking  law, the cooperative corporations law, the general busi-
  ness law, and the  not-for-profit  corporation  law,  in  relation  to
  facilitating  an  online  corporate filing system by removing the type
  classification  system  for  not-for-profit  corporations;  to  repeal
  certain provisions of the not-for-profit corporation law and the reli-
  gious  corporations  law,  relating  thereto (Subpart A); to amend the
  business corporation law, the education law, the general business law,
  the limited liability company law, the not-for-profit corporation law,
  the partnership law, the  private  housing  finance  law,  the  public
  health  law  and  the  transportation corporations law, in relation to
  facilitating online filing by authorizing self-certification by filers
  with regard to required consents; to repeal certain provisions of  the
  business  corporation  law  and  the  not-for-profit  corporation law,
  relating thereto (Subpart B); to amend the business  corporation  law,
  the  limited liability company law, the not-for-profit corporation law
  and the partnership law, in relation to authorizing electronic attend-
  ance at meetings (Subpart C); to amend the business  corporation  law,
  the  limited  liability company law and the not-for-profit corporation
  law, in relation to who may act as an  incorporator  (Subpart  D);  to
  amend  the  general  associations  law, in relation to serving process
  upon the secretary of state as agent (Subpart E) (Part  Q);  to  amend
  the  environmental  conservation  law,  in relation to the issuance of
  hunting and fishing licenses; to amend part AA of chapter  60  of  the
  laws  of 2011, amending the environmental conservation law relating to
  saltwater recreational fishing registrations, in  relation  to  making
  the   provisions  of  such  part  permanent;  and  to  repeal  certain
  provisions of such law relating thereto (Part R);  and  to  amend  the

S. 2608--B                          3                         A. 3008--B

  agriculture  and  markets  law  and  the  public  authorities  law, in
  relation to alternate  generated  power  sources  at  retail  gasoline
  outlets (Part S)

  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 2013-2014
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through S. 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
                    2013-14               $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

S. 2608--B                          4                         A. 3008--B

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
                    2013-14               $363,097,000
  S 2. This act shall take effect immediately.

                                 PART B

  Section 1. Subdivision 3 of section 205 of the tax law,  as  added  by
section  8  of  part U1 of chapter 62 of the laws of 2003, is amended to
read as follows:
  3. [From the] THE moneys collected from the taxes imposed by  sections
one  hundred eighty-three and one hundred eighty-four of this article on
and after April first, two thousand  [four]  THIRTEEN,  after  reserving
amounts  for refunds or reimbursements, SHALL BE DISTRIBUTED AS FOLLOWS:
twenty percent of such moneys shall be deposited to the  credit  of  the
dedicated  highway  and bridge trust fund established by section eighty-
nine-b of the state finance law[. The remainder], FIFTY-FOUR PERCENT  OF
SUCH  MONEYS  shall  be  deposited  in the mass transportation operating

S. 2608--B                          5                         A. 3008--B

assistance fund to the credit of the  metropolitan  mass  transportation
operating  assistance account created pursuant to section eighty-eight-a
of the state finance law AND TWENTY-SIX PERCENT OF SUCH MONEYS SHALL  BE
DEPOSITED  IN  THE  MASS TRANSPORTATION OPERATING ASSISTANCE FUND TO THE
CREDIT OF THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT
CREATED PURSUANT TO SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner  as  the expiration and repeal of subdivision 3 of section 205 of
the tax law per section 2 of part P of chapter 59 of the laws  of  2012,
as  amended;  provided, however, that the amendments to subdivision 3 of
section 205 of the tax law made by section one of  this  act  shall  not
affect the repeal of such subdivision and shall be deemed repealed ther-
ewith.

                                 PART C

  Section  1.  Paragraph  (a)  of  subdivision 4 of section 510-a of the
vehicle and traffic law, as amended by section 14 of part E  of  chapter
60 of the laws of 2005, is amended to read as follows:
  (a)  A  serious  traffic  violation  shall mean operating a commercial
motor vehicle IN  VIOLATION  OF  A  STATE  OR  LOCAL  LAW  OR  ORDINANCE
RESTRICTING  OR PROHIBITING THE USE OF A HAND-HELD MOBILE TELEPHONE OR A
PORTABLE  ELECTRONIC  DEVICE  WHILE  DRIVING  OR  in  violation  of  any
provision  of  this chapter or the laws of any other state, the District
of Columbia or any Canadian province which (i) limits the speed of motor
vehicles, provided the violation involved fifteen or more miles per hour
over the established speed limit; (ii) is defined as reckless driving by
state or local law or regulation; (iii) prohibits  improper  or  erratic
lane  change; (iv) prohibits following too closely; (v) relates to motor
vehicle traffic (other than parking, standing  or  stopping)  and  which
arises  in connection with a fatal accident; (vi) operating a commercial
motor vehicle without first obtaining a commercial driver's  license  as
required  by  section  five hundred one of this title; (vii) operating a
commercial motor vehicle without a commercial driver's  license  in  the
driver's  possession;  or  (viii)  operating  a commercial motor vehicle
without the proper class of commercial driver's license and/or  endorse-
ment  for  the  specific vehicle being operated or for the passengers or
type of cargo being transported.
  S 2. Paragraphs (c) and (e) of subdivision 1 of section 1225-c of  the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended to read as follows:
  (c)  "Using" shall mean holding a mobile telephone to, or in the imme-
diate proximity of, the user's ear, DIALING OR ANSWERING A MOBILE  TELE-
PHONE  BY  PRESSING  MORE THAN A SINGLE BUTTON, OR REACHING FOR A MOBILE
TELEPHONE IN A MANNER THAT REQUIRES A DRIVER TO MANEUVER  SO  THAT  SUCH
DRIVER IS NO LONGER IN A SEATED POSITION, RESTRAINED BY A SEAT BELT THAT
IS INSTALLED IN ACCORDANCE WITH 49 CFR 393.93 AND ADJUSTED IN ACCORDANCE
WITH THE VEHICLE MANUFACTURER'S INSTRUCTIONS.
  (e)  "Hands-free  mobile telephone" shall mean a mobile telephone that
has an internal feature or function, or that is equipped with an attach-
ment or addition, whether or not permanently part of such  mobile  tele-
phone, by which a user engages in a call without the use of either hand,
whether  or not the use of either hand is necessary to activate, deacti-
vate or initiate a function of such telephone, PROVIDED, HOWEVER, THAT A
TELEPHONE THAT REQUIRES DIALING OR ANSWERING SUCH TELEPHONE BY  PRESSING

S. 2608--B                          6                         A. 3008--B

MORE THAN A SINGLE BUTTON SHALL NOT CONSTITUTE A HANDS-FREE MOBILE TELE-
PHONE.
  S  3. Paragraphs (a) and (b) of subdivision 2 of section 1225-c of the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended and a new paragraph (d) is added to read as follows:
  (a) Except as otherwise provided in  this  section,  no  person  shall
operate a motor vehicle upon a public highway while using a mobile tele-
phone  to  engage  in  a call while such vehicle is in motion, PROVIDED,
HOWEVER, NO PERSON SHALL OPERATE A COMMERCIAL MOTOR VEHICLE, AS  DEFINED
IN  SUBDIVISION  FOUR-A  OF SECTION TWO OF THE TRANSPORTATION LAW, WHILE
USING A MOBILE TELEPHONE ON A PUBLIC HIGHWAY, INCLUDING WHILE  TEMPORAR-
ILY  STATIONARY  BECAUSE  OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER
MOMENTARY DELAYS. THE OPERATOR OF A COMMERCIAL MOTOR VEHICLE MAY  USE  A
MOBILE  TELEPHONE  WHEN  SUCH OPERATOR HAS MOVED THE VEHICLE TO THE SIDE
OF, OR OFF, A HIGHWAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN
REMAIN STATIONARY UNLESS STOPPING IS PROHIBITED BY LAW, RULES AND  REGU-
LATIONS OR BY A DIRECTIVE OF LAW ENFORCEMENT.
  (b)  An operator of [a] ANY motor vehicle who holds a mobile telephone
to, or in the immediate proximity of his or her ear while  such  vehicle
is  in motion is presumed to be engaging in a call within the meaning of
this section, PROVIDED, HOWEVER, THAT AN OPERATOR OF A COMMERCIAL  MOTOR
VEHICLE  WHO  HOLDS A MOBILE TELEPHONE TO, OR IN THE IMMEDIATE PROXIMITY
OF HIS OR HER EAR WHILE SUCH VEHICLE IS TEMPORARILY  STATIONARY  BECAUSE
OF  TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS IS ALSO
PRESUMED TO BE ENGAGING IN A CALL WITHIN THE MEANING  OF  THIS  SECTION.
The  presumption  established  by  this  subdivision  is  rebuttable  by
evidence tending to show that the operator was not engaged in a call.
  (D) NO MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN  OF  SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A HAND-HELD MOBILE TELEPHONE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S  4.  Subdivision 1 of section 1225-d of the vehicle and traffic law,
as added by chapter 403 of the laws of  2009,  is  amended  to  read  as
follows:
  1. Except as otherwise provided in this section, no person shall oper-
ate  a  motor  vehicle  while using any portable electronic device while
such vehicle is in motion, PROVIDED, HOWEVER, NO PERSON SHALL OPERATE  A
COMMERCIAL  MOTOR  VEHICLE,  AS DEFINED IN SUBDIVISION FOUR-A OF SECTION
TWO OF THE TRANSPORTATION LAW, WHILE USING A PORTABLE ELECTRONIC  DEVICE
ON  A  PUBLIC HIGHWAY, INCLUDING WHILE TEMPORARILY STATIONARY BECAUSE OF
TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS. THE OPERA-
TOR OF A COMMERCIAL MOTOR VEHICLE MAY USE A PORTABLE  ELECTRONIC  DEVICE
WHEN SUCH OPERATOR HAS MOVED THE VEHICLE TO THE SIDE OF, OR OFF, A HIGH-
WAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN REMAIN STATIONARY
UNLESS  STOPPING  IS  PROHIBITED  BY LAW, RULES, AND REGULATIONS OR BY A
DIRECTIVE OF LAW ENFORCEMENT.
  S 5. Section 1225-d of the vehicle  and  traffic  law  is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A.  NO MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A PORTABLE ELECTRONIC DEVICE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S 6. Paragraphs (a) and (b) of subdivision 2 of section 1225-d of  the
vehicle  and  traffic  law, as added by chapter 403 of the laws of 2009,
are amended to read as follows:
  (a) "Portable electronic device" shall mean any hand-held mobile tele-
phone, as defined by subdivision one of section twelve  hundred  twenty-
five-c  of  this  article,  personal  digital  assistant (PDA), handheld

S. 2608--B                          7                         A. 3008--B

device with  mobile  data  access,  laptop  computer,  pager,  broadband
personal  communication  device,  two-way  messaging  device, electronic
game, or portable computing device OR ANY OTHER DEVICE  USED  TO  INPUT,
WRITE, SEND, RECEIVE OR READ TEXT.
  (b)  "Using"  shall  mean  holding  a portable electronic device while
viewing, taking or transmitting images, INSTANT MESSAGING, PERFORMING  A
COMMAND  OR  REQUEST  TO ACCESS A WORLD WIDE WEB PAGE, playing games, or
composing, sending, reading, viewing, accessing, browsing, transmitting,
saving or retrieving e-mail, text messages, or other electronic data.
  S 7. This act shall take effect October 28, 2013 and  shall  apply  to
violations committed on or after such date.

                                 PART D

  Section  1.  Subdivision  1  of section 200 of the vehicle and traffic
law, as amended by chapter 60 of the laws of 1993, is amended to read as
follows:
  1. There shall be in the state government a department of motor  vehi-
cles.    The  head  of the department shall be the commissioner of motor
vehicles who shall be appointed by the governor, by and with the  advice
and  consent of the senate, and hold office until the end of the term of
the appointing governor and until a successor is appointed and has qual-
ified, and who shall receive an annual salary within the  amount  appro-
priated  therefor.  The  commissioner  of  motor vehicles shall have the
immediate charge of the department. The commissioner of  motor  vehicles
may  appoint, and at pleasure remove, such deputy commissioners of motor
vehicles, inspectors, examiners and other assistants  and  employees  of
the  department  as  are  deemed necessary, within the amounts available
therefor by appropriation. The commissioner of motor  vehicles  and  all
other officers and employees of the department shall be paid and allowed
their necessary, actual and reasonable expenses incurred in the exercise
of  their  duties.  All salaries and expenses of the department shall be
paid out of the state treasury on the audit and  warrant  of  the  comp-
troller  on  the  certificate of the commissioner of motor vehicles. The
principal office of the department shall  be  in  the  city  of  Albany.
NOTWITHSTANDING  THE PROVISIONS OF SECTION SIXTY-TWO OF THE PUBLIC OFFI-
CERS LAW, THE COMMISSIONER  OF  MOTOR  VEHICLES  MAY  DESIGNATE  CERTAIN
BRANCH  OFFICES  OF  THE  DEPARTMENT  TO BE OPEN TO SERVE THE PUBLIC AND
TRANSACT BUSINESS ON SATURDAYS.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Section 357-a of public authorities law is REPEALED  and  a
new section 357-a is added to read as follows:
  S  357-A. STATE POLICE AND STATE PAYMENT FOR SERVICES.  1. ENFORCEMENT
ASSISTANCE SHALL BE PROVIDED BY THE DIVISION OF STATE POLICE AT A  LEVEL
CONSISTENT WITH HISTORICAL PRECEDENTS, AS A MATTER OF STATE INTEREST, ON
ALL  SECTIONS  OF  THE  THRUWAY.  THE  AUTHORITY SHALL PROVIDE GOODS AND
SERVICES TO THE DIVISION OF STATE POLICE IN CONNECTION WITH ITS ENFORCE-
MENT ACTIVITY ON THE THRUWAY. THE  DIVISION  OF  STATE  POLICE  AND  THE
AUTHORITY  SHALL  ENTER  INTO  AN  AGREEMENT IDENTIFYING THOSE GOODS AND
SERVICES THAT THE AUTHORITY WILL PROVIDE TO THE DIVISION OF STATE POLICE
AND DETERMINE REPORTING AND  OTHER  REQUIREMENTS  RELATED  THERETO.  ANY
COSTS  BORNE  BY THE STATE POLICE OUTSIDE OF SUCH AGREEMENT SHALL NOT BE

S. 2608--B                          8                         A. 3008--B

REIMBURSED BY THE AUTHORITY NOR  SHALL  THEY  BE  DEEMED  COSTS  OF  THE
AUTHORITY.
  2.  THE  STATE  SHALL BE RESPONSIBLE FOR ADDITIONAL GOODS AND SERVICES
PROVIDED BY THE AUTHORITY EQUAL TO TWENTY-FOUR MILLION DOLLARS  IN  EACH
CALENDAR  YEAR.  SUCH  GOODS AND SERVICES SHALL BE DEEMED TO BE COSTS TO
THE STATE AND NOT OPERATING COSTS OF THE AUTHORITY.  THE  AUTHORITY  AND
THE DIRECTOR OF THE DIVISION OF THE BUDGET SHALL ENTER INTO AN AGREEMENT
IDENTIFYING  ANY  SUCH  STATE  COSTS  AND  DETERMINE REPORTING AND OTHER
REQUIREMENTS RELATED THERETO.
  3. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE  AUTHORITY  SHALL  NOT
CONSTITUTE  A  PUBLIC  BENEFIT CORPORATION WITHIN THE MEANING OF SECTION
TWENTY-NINE HUNDRED SEVENTY-FIVE  OF  THIS  CHAPTER  AND  SHALL  NOT  BE
ASSESSED AN ANNUAL COST RECOVERY CHARGE UNDER SAID SECTION.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2013.

                                 PART F

  Section 1. This act shall be known and may be cited as  the  "Cleaner,
Greener NY act of 2013."
  S 2. Subdivision 2-a of section 27-1003 of the environmental conserva-
tion  law, as added by section 3 of part SS of chapter 59 of the laws of
2009, is amended to read as follows:
  2-a. "Bottler" means a person, firm or corporation who:
  a. bottles, cans or otherwise packages beverages in beverage  contain-
ers  except  that  if  such  packaging  is for [a distributor] ANY OTHER
PERSON, FIRM OR CORPORATION having the right to bottle, can or otherwise
package the same  brand  of  beverage,  then  such  [distributor]  OTHER
PERSON, FIRM OR CORPORATION shall be the bottler; or
  b. imports filled beverage containers into the United States.
  S  3.  Subdivisions  2, 3, 4, 5, 7, 8 and 11 of section 27-1007 of the
environmental conservation law, as added by section  4  of  part  SS  of
chapter 59 of the laws of 2009, are amended to read as follows:
  2.  A dealer shall post a conspicuous sign, at the point of sale, that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

        STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE
  CONTAINERS OF THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE

YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK  STATE  RETURNABLE  CONTAINER
ACT:
  THE  RIGHT  to  return your empties for refund to any dealer who sells
the same brand, type and size, whether you bought the beverage from  the
dealer  or  not. It is illegal to return containers for refund [that you
did not pay] ON WHICH a deposit WAS NEVER PAID in New York state.
  THE RIGHT to get  your  deposit  refund  in  cash,  without  proof  of
purchase.
  THE  RIGHT  to  return  your empties any day, any hour, except for the
first and last hour of the dealer's business day (empty  containers  may
be redeemed at any time in 24-hour stores).
  THE  RIGHT  to  return  your  containers if they are REASONABLY CLEAN,
empty and intact.  [Washing containers is not required by  law,  but  is
strongly recommended to maintain sanitary conditions.]
  The New York state returnable container act can be enforced by the New
York  state department of environmental conservation, the New York state

S. 2608--B                          9                         A. 3008--B

department of agriculture and markets, the New York state department  of
taxation and finance, the New York state attorney general and/or by your
local government."
  Such  sign must be no less than eight inches by ten inches in size and
have lettering a minimum of one quarter inch high, and of a color  which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of
violations  of  this  title. The telephone number shall be listed on any
sign required by this section.
  3. [On or after June first, two thousand nine, a] A dealer WHOSE PLACE
OF BUSINESS IS LESS THAN TEN THOUSAND SQUARE FEET IN SIZE may limit  the
number of empty beverage containers to be accepted for redemption at the
dealer's  place  of  business to no less than seventy-two containers per
visit, per redeemer, per day, provided that:
  (a) The dealer has a written agreement with a redemption center, be it
either at a fixed physical location within the same  county  and  within
ONE  AND  one-half  mile  of the dealer's place of business, or a mobile
redemption center, operated by a  redemption  center,  that  is  located
within  [one-quarter]  ONE  mile  of the dealer's place of business. The
redemption center must have a  written  agreement  with  the  dealer  to
accept  containers  on behalf of the dealer; and the redemption center's
hours of operation must cover at least 9:00 a.m. through 7:00 p.m. daily
or in the case of a mobile redemption center,  the  hours  of  operation
must  cover  at  least four consecutive hours between 8:00 a.m. and 8:00
p.m.  daily. The dealer must post a conspicuous, permanent sign, meeting
the size and color specifications set forth in subdivision two  of  this
section,  open  to  public  view,  identifying the location and hours of
operation of the  affiliated  redemption  center  or  mobile  redemption
center; [and] OR
  (b)  The  dealer provides, at a minimum, a consecutive two hour period
between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept  up
to  two  hundred  forty  containers,  per redeemer, per day, and posts a
conspicuous, permanent sign, meeting the size and  color  specifications
set forth in subdivision two of this section, open to public view, iden-
tifying  those  hours. The dealer may not change the hours of redemption
without first posting a thirty day notice[; and
  (c) The dealer's primary business is the sale of food or beverages for
consumption off-premises, and the dealer's place  of  business  is  less
than ten thousand square feet in size].
  4.  A  deposit  initiator  shall accept from a dealer or operator of a
redemption center any empty beverage container  of  the  design,  shape,
size,  color,  composition  and  brand  sold  or offered for sale by the
deposit initiator, PROVIDED  SUCH  CONTAINERS  ARE  PROPERLY  SORTED  AS
DETERMINED  IN RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER and
shall pay the dealer or operator of a redemption center the refund value
of each such beverage container as established  by  section  27-1005  of
this  title.  A deposit initiator shall accept and redeem all such empty
beverage containers from a dealer or redemption center  without  limita-
tion on quantity.
  5.  A  deposit  initiator's  or distributor's failure to pick up empty
beverage containers[, including containers processed in a reverse  vend-
ing  machine,]  from  a  redemption  center, dealer or the operator of a
reverse vending machine, shall be a violation of this title.
  7. A deposit initiator [on a brand]  WHO  INITIATES  A  DEPOSIT  ON  A
BEVERAGE  CONTAINER  shall accept SUCH EMPTY BEVERAGE CONTAINER from [a]

S. 2608--B                         10                         A. 3008--B

AND REIMBURSE ANY distributor who [does not initiate  deposits  on  that
brand any] ACCEPTED AND REDEEMED SUCH empty beverage [containers of that
brand  accepted  by the distributor] CONTAINER from a dealer or operator
of  a  redemption  center  [and shall reimburse the distributor] FOR the
[refund value of each such beverage container, as established by section
27-1005 of this title] DEPOSIT AND HANDLING FEE PAID BY THE DISTRIBUTOR.
[In addition, the deposit initiator shall reimburse such distributor for
each such beverage container the handling fee established under subdivi-
sion six of this section.] Without limiting the rights of the department
or any person, firm or corporation under this subdivision or  any  other
provision  of  this  [section]  TITLE,  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] THE
REDEEMING distributor for such deposits and handling fees are made.
  8. It shall be the responsibility of the deposit initiator or distrib-
utor  to provide to a dealer or redemption center a sufficient number of
bags, cartons, or other suitable containers, at no cost, for the packag-
ing, 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.   HOWEVER,  WHERE  PALLETS  OR  SKIDS,  BAGS,
CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
SIMILAR  EQUIPMENT,  A  DEPOSIT  INITIATOR  OR DISTRIBUTOR MAY REQUIRE A
DEALER OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST  USING
A  FORKLIFT  OR  SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION
CENTER.
  (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)  A  deposit  initiator or distributor shall pick up empty beverage
containers from the dealer or redemption center at reasonable times  and
intervals THAT SHALL ALSO TAKE INTO ACCOUNT A MINIMUM VOLUME OF CONTAIN-
ERS  NECESSARY  FOR SUCH A PICK UP as determined in rules or regulations
promulgated by the department OR  ON  A  SCHEDULE  MEETING  THE  MINIMUM
REQUIREMENTS OF SUCH REGULATIONS AND AGREED TO IN WRITING BY THE DEPOSIT
INITIATOR OR DISTRIBUTOR AND THE REDEMPTION CENTER.
  11.  [Notwithstanding  the  provisions  of  subdivision two of section
27-1009 of this title, a deposit initiator or distributor  shall  accept
and  redeem beverage containers as provided in this title, if the dealer
or operator of a redemption center shall  have  accepted  and  paid  the
refund  value  of  such  beverage  containers.] NO PERSON SHALL PROGRAM,
TAMPER WITH, MISUSE, RENDER INACCURATE, OR CIRCUMVENT THE PROPER  OPERA-
TION  OF  A  REVERSE  VENDING  MACHINE  TO ELICIT DEPOSIT MONIES WHEN NO
VALID, REDEEMABLE BEVERAGE CONTAINER HAS  BEEN  PLACED  IN  THE  REVERSE
VENDING MACHINE.

S. 2608--B                         11                         A. 3008--B

  S 4. Section 27-1009 of the environmental conservation law, as amended
by section 5 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1009. Refusal of acceptance.
  1.  A  dealer or operator of a redemption center [may] SHALL refuse to
accept from a redeemer, and a deposit  initiator  or  distributor  [may]
SHALL  refuse to accept from a dealer or operator of a redemption center
any empty beverage container which does not state thereon a refund value
as established by section 27-1005 and provided  by  section  27-1011  of
this title.
  2.  A  dealer  [or],  operator of a redemption center, DISTRIBUTOR, OR
DEPOSIT INITIATOR may also refuse to accept any BEVERAGE CONTAINER WHICH
IS NOT REASONABLY CLEAN OR CONTAINS  A  SIGNIFICANT  AMOUNT  OF  FOREIGN
MATERIAL,  ANY broken bottle, ANY corroded, CRUSHED or dismembered [can]
CONTAINER, or any  beverage  container  which  [contains  a  significant
amount of foreign material,] IS OTHERWISE ALTERED SO THAT IT IS RENDERED
UNREDEEMABLE as determined in rules and regulations to be promulgated by
the  commissioner.    SUCH  REFUSAL  MUST OCCUR AT THE TIME THE BEVERAGE
CONTAINER IS TENDERED FOR  REDEMPTION.  NOTWITHSTANDING  THE  FOREGOING,
CONTAINERS  PROCESSED  THROUGH  REVERSE VENDING MACHINES AUTHORIZED BY A
DISTRIBUTOR OR DEPOSIT INITIATOR, AS DOCUMENTED THROUGH REVERSE  VENDING
MACHINE  RECONCILIATION  STATEMENTS  OR  OTHER REASONABLE DOCUMENTATION,
SHALL BE ACCEPTED BY A DISTRIBUTOR OR DEPOSIT INITIATOR.
  S 5. Subdivision 1 of section 27-1011 of the  environmental  conserva-
tion  law,  as amended by chapter 149 of the laws of 1983, is amended to
read as follows:
  1. a. Every beverage container sold or offered for sale in this  state
[by a distributor or dealer] shall clearly indicate by permanently mark-
ing  or  embossing  the  container or by printing as part of the product
label the refund value of the container and the words "New York" or  the
letters "NY"[; provided, however, in the case of private label beverages
such information may be embossed or printed on a label which is securely
or permanently affixed to the beverage container. Private label beverag-
es  shall be defined as beverages purchased from a beverage manufacturer
in beverage containers bearing a brand name or  trademark  for  sale  at
retail  directly  by  the owner or licensee of such brand name or trade-
mark; or through retail dealers affiliated with such owner  or  licensee
by a cooperative or franchise agreement].
  b.  Such  embossing  or permanent imprinting on the beverage container
shall be the responsibility of the person,  firm  or  corporation  which
bottles,  cans  or otherwise fills or packages a beverage container or a
brand owner for whose exclusive  account  private  label  beverages  are
bottled,  canned or otherwise packaged; provided, however, that the duly
authorized agent of any such person, firm or  corporation  may  indicate
such  refund value by a label securely affixed on any beverage container
containing beverages imported into the United  States.    PRIVATE  LABEL
BEVERAGES  SHALL  BE  DEFINED  AS  BEVERAGES PURCHASED FROM A BOTTLER IN
BEVERAGE CONTAINERS BEARING A BRAND NAME OR TRADEMARK FOR SALE AT RETAIL
DIRECTLY BY THE OWNER OR LICENSEE OF SUCH BRAND NAME  OR  TRADEMARK;  OR
THROUGH RETAIL DEALERS AFFILIATED WITH SUCH OWNER OR LICENSEE BY A COOP-
ERATIVE OR FRANCHISE AGREEMENT.
  S 6. Subdivision 5, paragraph b of subdivision 9 and subdivision 12 of
section  27-1012  of  the  environmental  conservation  law, as added by
section 8 of part SS of chapter 59 of the laws of 2009, are  amended  to
read as follows:

S. 2608--B                         12                         A. 3008--B

  5.  All monies collected or received by the department of taxation and
finance pursuant to this title shall be deposited to the credit  of  the
comptroller  with such responsible banks, banking houses or trust compa-
nies as may be designated by the comptroller.  Such  deposits  shall  be
kept  separate  and apart from all other moneys in the possession of the
comptroller. The comptroller shall require adequate  security  from  all
such depositories. Of the total revenue collected, the comptroller shall
retain the amount determined by the commissioner of taxation and finance
to  be  necessary  for refunds out of which the comptroller must pay any
refunds to which a deposit initiator may be  entitled.  After  reserving
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[.]; PROVIDED,  HOWEVER,  THAT,  BEGINNING  APRIL
FIRST,  TWO  THOUSAND THIRTEEN, AND ALL FISCAL YEARS THEREAFTER, FIFTEEN
MILLION DOLLARS PLUS ALL FUNDS  RECEIVED  FROM  THE  PAYMENTS  DUE  EACH
FISCAL  YEAR  PURSUANT  TO SUBDIVISION FOUR OF THIS SECTION IN EXCESS OF
THE AMOUNT RECEIVED FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH  MARCH
THIRTY-FIRST, TWO THOUSAND THIRTEEN, SHALL BE DEPOSITED TO THE CREDIT OF
THE  ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-TWO-S OF THE STATE FINANCE LAW.
  b. Any deposit initiator who fails to  FILE  REPORTS,  MAKE  QUARTERLY
PAYMENTS  OR  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 thousand dollars for each  quar-
ter such failure continues.
  12. [Beginning on June first, two thousand nine each deposit initiator
shall  register  the container label of any beverage offered for sale in
the state on which it initiates a deposit. Any such registered container
label shall bear a universal product code. Such universal  product  code
shall  be  New  York  state  specific, in order to identify the beverage
container as offered for sale exclusively in New York state,  and  as  a
means  of preventing illegal redemption of beverage containers purchased
out-of-state. Registration must be on forms as prescribed by the depart-
ment 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 registration whenever  that  label  is  revised  by  altering  the
universal  product code or whenever the container on which it appears is
changed in size, composition or glass color.] A. EACH DEPOSIT  INITIATOR
SHALL  PROVIDE  A  REPORT  TO THE DEPARTMENT DESCRIBING ALL THE TYPES OF
BEVERAGE CONTAINERS ON WHICH IT INITIATES  DEPOSITS.  THE  REPORT  SHALL
INCLUDE  THE PRODUCT NAME, TYPE OF BEVERAGE, SIZE AND COMPOSITION OF THE
BEVERAGE CONTAINER, UNIVERSAL PRODUCT CODE, AND  ANY  OTHER  INFORMATION
THE DEPARTMENT MAY REQUIRE. UPON REQUEST, A DEPOSIT INITIATOR SHALL ALSO
PROVIDE  TO THE DEPARTMENT A COPY OF THE CONTAINER LABEL OR A PICTURE OF
ANY BEVERAGE CONTAINER SOLD OR OFFERED FOR SALE IN THIS STATE  ON  WHICH
IT  INITIATES A DEPOSIT. SUCH INFORMATION SHALL BE PROVIDED IN A FORM AS
PRESCRIBED BY THE DEPARTMENT.   THE DEPARTMENT  MAY  REQUIRE  THAT  SUCH
FORMS BE FILED ELECTRONICALLY.

S. 2608--B                         13                         A. 3008--B

  B.  A  BOTTLER  MAY  PLACE ON A BEVERAGE CONTAINER A UNIVERSAL PRODUCT
CODE OR OTHER DISTINCTIVE MARKING THAT IS SPECIFIC TO THE STATE OR  USED
ONLY  IN  THE STATE AND ANY OTHER STATES WITH LAWS SUBSTANTIALLY SIMILAR
TO THIS TITLE AS A MEANS OF PREVENTING REDEMPTION OF BEVERAGE CONTAINERS
ON WHICH A DEPOSIT WAS NOT PAID.
  C.  A  BOTTLER  OR DEPOSIT INITIATOR SHALL NOTIFY THE DEPARTMENT, IN A
FORM PRESCRIBED BY THE DEPARTMENT,  WHENEVER  A  BEVERAGE  CONTAINER  OR
BEVERAGE  CONTAINER  LABEL  IS REVISED BY ALTERING THE UNIVERSAL PRODUCT
CODE, OR WHENEVER THE  CONTAINER  ON  WHICH  A  UNIVERSAL  PRODUCT  CODE
APPEARS  IS CHANGED IN SIZE, COMPOSITION OR GLASS COLOR, OR WHENEVER THE
CONTAINER OR CONTAINER LABEL ON WHICH A UNIVERSAL PRODUCT  CODE  APPEARS
IS  CHANGED  TO  INCLUDE  A UNIVERSAL PRODUCT CODE THAT IS UNIQUE TO THE
STATE OR USED ONLY IN THE STATE AND ANY OTHER STATES WITH LAWS  SUBSTAN-
TIALLY SIMILAR TO THIS TITLE.
  S 7. Section 27-1013 of the environmental conservation law, as amended
by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1013. Redemption centers AND DEALERS.
  The  commissioner  is  hereby  empowered to promulgate rules and regu-
lations governing (1)  THE  REGISTRATION  OR  PERMITTING  OF  REDEMPTION
CENTERS INCLUDING BUT NOT LIMITED TO CONDITIONS FOR GRANTING A REGISTRA-
TION  OR  PERMIT, GROUNDS FOR REVOCATION OF A REGISTRATION OR PERMIT AND
THE PROCESS FOR THE REVOCATION OF A  REGISTRATION  OR  PERMIT;  (2)  the
circumstances  in  which  DEPOSIT  INITIATORS, dealers and distributors,
individually or collectively, are required to accept the return of empty
beverage containers, and make payment therefor; [(2)] (3) the sorting of
the containers which a deposit initiator or distributor may  require  of
dealers  and  redemption  centers;  [(3)] (4) the collection of returned
beverage containers by deposit initiators or distributors, including the
party to whom such expense is to be charged, the frequency of such  pick
ups THAT SHALL ALSO ALLOW A SCHEDULE MEETING THE MINIMUM REQUIREMENTS OF
SUCH  REGULATIONS  AND  AGREED TO IN WRITING BY THE DEPOSIT INITIATOR OR
DISTRIBUTOR AND THE REDEMPTION CENTER AND  THAT  SHALL  ALSO  TAKE  INTO
ACCOUNT  A MINIMUM VOLUME OF CONTAINERS NECESSARY FOR SUCH A PICK UP and
the payment for refunds and handling fees thereon; [(4)] (5)  the  right
of  dealers  to restrict or limit the number of containers redeemed, the
rules for redemption at the dealers' place of business, and the  redemp-
tion  of containers from a beverage for which sales have been discontin-
ued, and to issue REGISTRATIONS OR permits to persons, firms  or  corpo-
rations  which  establish  redemption  centers,  subject  to  applicable
provisions of local and state laws, at which redeemers and  dealers  may
return empty beverage containers and receive payment of the refund value
of  such beverage containers; (6) THE ASSIGNMENT OF A SPECIFIC REGISTRA-
TION OR PERMIT IDENTIFICATION NUMBER TO  EACH  REDEMPTION  CENTER;  SUCH
REGISTRATION  OR  PERMIT  NUMBER,  ALONG  WITH  THE NUMBER OF CONTAINERS
CONTAINED THEREIN, SHALL BE AFFIXED TO ANY BOX OR  BAG  PROFFERED  BY  A
REDEMPTION  CENTER  TO A DEPOSIT INITIATOR OR DISTRIBUTOR FOR REDEMPTION
IN A MANNER MANDATED BY THE  COMMISSIONER;  AND  (7)  THE  OPERATION  OF
MOBILE  REDEMPTION  CENTERS  IN  ORDER TO ENSURE THAT TO THE BEST EXTENT
PRACTICABLE CONTAINERS ARE NOT PROFFERED FOR  REDEMPTION  TO  A  DEPOSIT
INITIATOR  OR  DISTRIBUTOR  OUTSIDE  OF  THE  GEOGRAPHIC AREA WHERE SUCH
DEPOSIT INITIATOR SELLS CONTAINERS AND INITIATES DEPOSITS. No dealer  or
distributor,  as  defined  in  section  27-1003  of this title, shall be
required to obtain a permit to operate a redemption center at  the  same
location  as  the dealer's or distributor's place of business. Operators
of such redemption centers shall receive payment of the refund value  of

S. 2608--B                         14                         A. 3008--B

each  beverage  container  from  the  appropriate  deposit  initiator or
distributor as provided under section 27-1007 of this title.
  S 8. Section 27-1014 of the environmental conservation law, as amended
by  section  10 of part SS of chapter 59 of the laws of 2009, is amended
to read as follows:
S 27-1014. Authority to promulgate rules and regulations.
  In addition to the  authority  of  the  commissioner,  under  sections
27-1007,  27-1009 and 27-1013 of this title, the commissioner shall have
the power to promulgate rules and regulations necessary and  appropriate
for the administration of this title AND TO PREVENT FRAUD.
  S 9. Section 27-1015 of the environmental conservation law, as amended
by  section  11 of part SS of chapter 59 of the laws of 2009, is amended
to read as follows:
S 27-1015. Violations.
  1. [A violation of this title, except as otherwise  provided  in  this
section  and  section 27-1012 of this title, shall be a public nuisance.
In addition, except] CIVIL AND ADMINISTRATIVE SANCTIONS. A.   EXCEPT  as
otherwise  provided  in  this section and section 27-1012 of this title,
any  person  who  [shall  violate]  VIOLATES  any  [provision]  OF   THE
PROVISIONS  of, OR FAILS TO PERFORM A DUTY IMPOSED BY, THIS TITLE OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM  OR  CONDI-
TION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL
DETERMINATION  OR  ORDER OF THE COMMISSIONER MADE PURSUANT TO this title
shall be liable [to the state of New York] for a civil  penalty  of  not
more  than  five  hundred  dollars FOR EACH VIOLATION, and an additional
civil penalty of not more than five hundred dollars for each day  during
which  each  such violation continues. Any civil penalty may be assessed
BY THE COMMISSIONER following a  hearing  or  opportunity  to  be  heard
PURSUANT  TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER OR BY THE
COURT IN ANY ACTION OR PROCEEDING PURSUANT TO SECTION  71-2727  OF  THIS
CHAPTER.  IN  ADDITION,  SUCH  PERSON MAY BY SIMILAR PROCESS BE ENJOINED
FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRATION ISSUED  TO
SUCH PERSON MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION
DENIED.
  [2.  Any] B. IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF
TAXATION AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS  TITLE,  ANY
distributor  or  deposit  initiator  who  violates any provision of this
title, [except as provided in section 27-1012 of this title,]  OR  FAILS
TO  PERFORM  A  DUTY  IMPOSED  BY  THIS TITLE, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY  REGISTRA-
TION  OR  PERMIT  ISSUED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR
ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE  shall  be  liable
[to  the  state  of  New  York] for a civil penalty of not more than one
thousand dollars FOR EACH VIOLATION, and an additional civil penalty  of
not  more  than one thousand dollars for each day during which each such
violation continues. Any civil penalty may be assessed  BY  THE  COMMIS-
SIONER  following  a  hearing or opportunity to be heard PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, OR BY THE  COURT  IN  ANY
ACTION  OR  PROCEEDING  PURSUANT  TO SECTION 71-2727 OF THIS CHAPTER. IN
ADDITION, SUCH DEPOSIT INITIATOR OR DISTRIBUTOR MAY BY  SIMILAR  PROCESS
BE  ENJOINED  FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRA-
TION ISSUED TO SUCH PERSON MAY BE REVOKED  OR  SUSPENDED  OR  A  PENDING
RENEWAL APPLICATION DENIED.
  2.  CRIMINAL SANCTIONS. A.  ANY PERSON WHO, HAVING ANY OF THE CULPABLE
MENTAL STATES DEFINED IN SECTION 15.05 OF THE PENAL  LAW,  VIOLATES  ANY
PROVISION  OF OR WHO FAILS TO PERFORM ANY DUTY IMPOSED BY THIS TITLE, OR

S. 2608--B                         15                         A. 3008--B

ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETER-
MINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE  SHALL
BE  GUILTY  OF  A VIOLATION AND, UPON CONVICTION, SHALL BE PUNISHED BY A
FINE  OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION; EACH DAY
ON WHICH SUCH VIOLATION OCCURS SHALL CONSTITUTE  A  SEPARATE  VIOLATION;
AND   FOR  EACH  SUCH  VIOLATION  THE  PERSON  SHALL  BE  SUBJECT,  UPON
CONVICTION, TO IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR TO A  FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS, OR TO BOTH IMPRISONMENT AND FINE.
  B.  IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF TAXATION
AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, ANY  DISTRIBU-
TOR  OR  DEPOSIT INITIATOR WHO, HAVING ANY OF THE CULPABLE MENTAL STATES
DEFINED IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY PROVISION OF  OR
WHO  FAILS  TO  PERFORM  ANY  DUTY IMPOSED BY THIS TITLE, OR ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL  DETERMINATION  OR
ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF
A  VIOLATION  AND,  UPON  CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION;  EACH  DAY  ON  WHICH
SUCH  VIOLATION  OCCURS  SHALL  CONSTITUTE A SEPARATE VIOLATION; AND FOR
EACH SUCH VIOLATION THE PERSON SHALL BE  SUBJECT,  UPON  CONVICTION,  TO
IMPRISONMENT  FOR  NOT  MORE  THAN FIFTEEN DAYS OR TO A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINE.
  [3.] C. It shall be unlawful for [a distributor or deposit  initiator]
ANY PERSON, acting alone or aided by another, to return any empty bever-
age  container  to a dealer or redemption center for its refund value if
[the] A distributor or deposit initiator had  previously  accepted  such
beverage  container  from any dealer or operator of a redemption center,
OR IF SUCH CONTAINER  WAS  PREVIOUSLY  ACCEPTED  BY  A  REVERSE  VENDING
MACHINE.  A  violation of this [subdivision] PARAGRAPH shall be a misde-
meanor punishable by a fine of not less than five  hundred  dollars  nor
more  than  one  thousand  dollars  and an amount equal to two times the
amount of money received as a result of such violation, OR  IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINES.
  D. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY PERSON
WHO VIOLATES SUBDIVISION ELEVEN OF SECTION 27-1007 OF THIS TITLE, OR ANY
RULE  OR  REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMI-
NATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE
GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL  BE  PUNISHED  BY  A
FINE  OF  NOT MORE THAN ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY
IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
  E. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY  DEAL-
ER,  DISTRIBUTOR  OR  DEPOSIT  INITIATOR, WHO KNOWINGLY OR INTENTIONALLY
VIOLATES ANY PROVISION OF OR  FAILS  TO  PERFORM  ANY  DUTY  IMPOSED  BY
SECTION  27-1005  OR  27-1012  OF  THIS TITLE, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE
COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF A  MISDEMEA-
NOR  AND,  UPON CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY  IMPRISONMENT  FOR  NOT
MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  [4.]  3.  Any person who [willfully] tenders to a dealer, distributor,
redemption center or  deposit  initiator  more  than  forty-eight  empty
beverage  containers  for  which  such person knows or should reasonably
know that no deposit was paid in New York state may be assessed [by  the
department]  a  civil  penalty  of  up  to  one hundred dollars for each
container or up to twenty-five thousand dollars for each such tender  of
containers.  At  each  location  where  a  person tenders containers for

S. 2608--B                         16                         A. 3008--B

redemption, dealers and redemption centers must conspicuously display  a
sign  in letters that are at least one inch in height with the following
information: "WARNING:  Persons tendering for redemption  containers  on
which  a  deposit was never paid in this state may be subject to a civil
penalty of up to one hundred dollars per container or up to  twenty-five
thousand  dollars for each such tender of containers." Any civil penalty
may be assessed BY THE COMMISSIONER following a hearing  or  opportunity
to  be heard PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAP-
TER, OR BY THE COURT IN ANY ACTION OR  PROCEEDING  PURSUANT  TO  SECTION
71-2727 OF THIS CHAPTER. IN ADDITION, SUCH PERSON MAY BY SIMILAR PROCESS
BE  ENJOINED  FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRA-
TION ISSUED TO SUCH PERSON MAY BE REVOKED  OR  SUSPENDED  OR  A  PENDING
RENEWAL APPLICATION DENIED.
  [5.]  4. A. The department, the department of agriculture and markets,
the department of taxation and finance  and  the  attorney  general  are
hereby authorized to enforce the provisions of this title AND ALL MONIES
COLLECTED  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  ENVIRONMENTAL
PROTECTION FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-S  OF  THE
STATE  FINANCE  LAW.  In  addition, the provisions of section 27-1005 of
this title and subdivisions one, two, three, four, five, ten and  eleven
of section 27-1007 of this title may be enforced by a county, city, town
or village, and the local legislative body thereof may adopt local laws,
ordinances  or  regulations consistent with this title providing for the
enforcement of such provisions AND ALL MONIES COLLECTED BY THE ENFORCING
COUNTY, CITY, TOWN OR VILLAGE AS FINES OR  PENALTIES  PURSUANT  TO  THIS
SECTION  SHALL  BE  PAYABLE  TO AND BE THE PROPERTY OF THE COUNTY, CITY,
TOWN OR VILLAGE.
  B. IN ADDITION,  A  VIOLATION  OF  THIS  TITLE,  EXCEPT  AS  OTHERWISE
PROVIDED IN THIS SECTION, SHALL BE A PUBLIC NUISANCE, AND WITHOUT LIMIT-
ING  THE  RIGHTS  OF  THE DEPARTMENT, OR ANY PERSON, FIRM OR CORPORATION
UNDER THIS SUBDIVISION OR ANY OTHER PROVISION OF THIS SECTION, A DEALER,
OWNER OR OPERATOR OF A REDEMPTION CENTER, DISTRIBUTOR, OR DEPOSIT INITI-
ATOR SHALL HAVE A CIVIL RIGHT OF ACTION TO  ENFORCE  THE  PROVISIONS  OF
SECTION  27-1009  OF  THIS  TITLE  AND SUBDIVISIONS FOUR, FIVE, SIX, AND
EIGHT OF SECTION 27-1007 OF THIS TITLE.
  S 10.  Section  27-1017  of  the  environmental  conservation  law  is
REPEALED.
  S  11.  Subdivision  3  of  section  92-s of the state finance law, as
amended by section 2 of part T of chapter 59 of the  laws  of  2009,  is
amended to read as follows:
  3.  Such  fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and  penalties  deposited
pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
amount of fees and penalties received from easements or leases  pursuant
to  subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service  charges  pursuant  to  section
four  hundred four-l of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve  fund  pursuant  to
section  two  hundred  ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
pursuant  to  section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
section  54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
hundred  ninety-six,  provided  however,  that such moneys shall only be

S. 2608--B                         17                         A. 3008--B

used for the cost of the purchase of private lands in the core  area  of
the  central  Suffolk  pine barrens pursuant to a consent order with the
Northville industries signed on  October  thirteenth,  nineteen  hundred
ninety-four  and  the related resource restoration and replacement plan,
the amount of penalties required to  be  deposited  therein  by  section
71-2724 of the environmental conservation law, all moneys required to be
deposited  pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of  section
70-0117 of the environmental conservation law, [as added by a chapter of
the  laws  of two thousand nine,] all moneys collected pursuant to title
thirty-three of article fifteen of the environmental  conservation  law,
[as  added by a chapter of the laws of two thousand nine] BEGINNING WITH
THE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO  THOUSAND  THIRTEEN,  AND
ALL  FISCAL  YEARS  THEREAFTER,  FIFTEEN  MILLION DOLLARS PLUS ALL FUNDS
RECEIVED BY THE STATE EACH FISCAL YEAR IN EXCESS OF THE AMOUNT  RECEIVED
FROM  APRIL  FIRST,  TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND THIRTEEN, FROM THE PAYMENTS COLLECTED PURSUANT  TO  SUBDIVISION
FOUR  OF  SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION LAW, and all
other moneys credited or transferred thereto  from  any  other  fund  or
source  pursuant  to  law. All such revenue shall be initially deposited
into the environmental protection fund, for application as  provided  in
subdivision five of this section.
  S  12.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART G

  Section 1. Subdivisions 1 and 2 of section  27-1905  of  the  environ-
mental  conservation  law, as amended by section 1 of part DD of chapter
59 of the laws of 2010, are amended to read as follows:
  1. [Until December thirty-first, two thousand thirteen, accept] ACCEPT
from a customer, waste tires of approximately the same  size  and  in  a
quantity  equal to the number of new tires purchased or installed by the
customer; and
  2. [Until December thirty-first, two  thousand  thirteen,  post]  POST
written notice in a prominent location, which must be at least eight and
one-half  inches  by  fourteen  inches in size and contain the following
language:
  "New York State law requires us to accept and manage waste tires  from
vehicles  in  exchange  for an equal number of new tires that we sell or
install. Tire retailers are required to charge a separate  and  distinct
waste tire management and recycling fee of $2.50 for each new tire sold.
  The retailers in addition are authorized, at their sole discretion, to
pass  on  waste  tire management and recycling costs to tire purchasers.
Such costs may be included as part of the advertised price  of  the  new
tire,  or  charged  as  a  separate  per-tire charge in an amount not to
exceed $2.50 on each new tire sold."
  The written notice shall also contain one of the following  statements
at  the  end  of  the aforementioned language and as part of the notice,
which shall accurately indicate the manner in  which  the  tire  service
charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:
  "Our  waste  tire  management  and recycling costs are included in the
advertised price of each new tire.", or

S. 2608--B                         18                         A. 3008--B

  "We charge a separate per-tire charge of $____ on each new  tire  sold
that  will  be listed on your invoice to cover our waste tire management
and recycling costs."
  S  2.  Subdivisions  1,  2 and 3 and paragraph (a) of subdivision 6 of
section 27-1913 of the environmental conservation law,  subdivisions  1,
2,  the opening paragraph of subdivision 3 and paragraph (a) of subdivi-
sion 6 as amended by section 4 of part DD of chapter 59 of the  laws  of
2010  and subdivision 3 as amended by section 2 of part E1 of chapter 63
of the laws of 2003, are amended to read as follows:
  1. [Until December thirty-first, two thousand  thirteen,  a]  A  waste
tire  management  and recycling fee of two dollars and fifty cents shall
be charged on each new tire sold. The fee shall be paid by the purchaser
to the tire service at the time the new tire or  new  motor  vehicle  is
purchased.
  The waste tire management and recycling fee does not apply to:
  (a) recapped or resold tires;
  (b) mail-order sales; or
  (c)  the  sale  of  new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this  state  is
subject to such fee.
  2. [Until December thirty-first, two thousand thirteen, the]  THE tire
service  shall  collect the waste tire management and recycling fee from
the purchaser at the time of the sale and shall [remit] PAY such fee  to
the  department  of  taxation  and  finance  with the quarterly [report]
RETURN filed pursuant to subdivision three of this section. THE  COMMIS-
SIONER OF TAXATION AND FINANCE MAY REQUIRE THAT THE TIRE SERVICE PAY THE
FEE ELECTRONICALLY.
  (a)  The  fee  imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
  (b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
  3. [Until March thirty-first, two thousand fourteen, each]  EACH  tire
service  maintaining  a  place  of  business  in this state shall make a
return to the department of taxation and finance on a quarterly  basis[,
with  the  return  for  December,  January, and February being due on or
before the immediately following  March  thirty-first;  the  return  for
March,  April,  and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being  due  on  or
before the immediately following September thirtieth; and the return for
September,  October, and November being due on or before the immediately
following December thirty-first] IN THE FORM AND  MANNER  PRESCRIBED  BY
THE  COMMISSIONER  OF TAXATION AND FINANCE. THE COMMISSIONER OF TAXATION
AND FINANCE MAY REQUIRE SUCH RETURNS TO  BE  FILED  ELECTRONICALLY.  THE
QUARTERLY  RETURNS  REQUIRED  BY THIS SUBDIVISION SHALL BE FILED FOR THE
QUARTERLY PERIODS ENDING ON THE LAST DAY OF FEBRUARY,  MAY,  AUGUST  AND
NOVEMBER OF EACH YEAR, AND EACH SUCH RETURN SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE END OF THE QUARTERLY PERIOD COVERED THEREBY.
  (a) Each return shall include:
  (i) the name of the tire service;
  (ii) the address of the tire service's principal place of business and
the  address  of the principal place of business (if that is a different
address) from which the tire service engages in the business  of  making
retail sales of tires;
  (iii) the name and signature of the person preparing the return;

S. 2608--B                         19                         A. 3008--B

  (iv)  the  total  number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
  (v) the amount of waste tire management and recycling fees due; and
  (vi)  such  other reasonable information as the department of taxation
and finance may require.
  (b) Copies of each [report] RETURN  shall  be  retained  by  the  tire
service for three years.
  If  a  tire  service ceases business, it shall file a final return and
[remit] PAY all fees due under this title [with] TO  the  department  of
taxation  and  finance  not more than one month after discontinuing that
business.
  (a) [Until December thirty-first,  two  thousand  thirteen,  any]  ANY
additional waste tire management and recycling costs of the tire service
in  excess of the amount authorized to be retained pursuant to paragraph
(b) of subdivision two of this section may be included in the  published
selling  price of the new tire, or charged as a separate per-tire charge
on each new tire sold. When such costs are charged as  a  separate  per-
tire charge: (i) such charge shall be stated as an invoice item separate
and  distinct from the selling price of the tire; (ii) the invoice shall
state that the charge is imposed at the  sole  discretion  of  the  tire
service;  and  (iii)  the amount of such charge shall reflect the actual
cost to the tire service for the management and recycling of waste tires
accepted by the tire service pursuant to section 27-1905 of this  title,
provided  however, that in no event shall such charge exceed two dollars
and fifty cents on each new tire sold.
  S 3. This act shall take effect immediately, and shall  apply  to  the
quarterly  periods  provided for in the opening paragraph of subdivision
three of section 27-1913  of  the  environmental  conservation  law,  as
amended  by section two of this act, beginning on or after the date this
act shall have become a law.

                                 PART H

  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 R of chapter 58 of the  laws  of  2012,  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, 2013, at which time  the
provisions  of  subdivision  26 of section 5 of the New York state urban
development corporation act shall be deemed repealed; provided, however,
that neither the expiration  nor  the  repeal  of  such  subdivision  as
provided  for  herein  shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of  such  subdivision  prior  to
such expiration and repeal].
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART I

  Section 1. Section 2 of part BB of chapter 58  of  the  laws  of  2012
amending the public authorities law relating to authorizing the dormito-
ry  authority  to  enter into certain design and construction management
agreements is amended to read as follows:

S. 2608--B                         20                         A. 3008--B

  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed April 1, [2013] 2015.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in effect on and after April 1, 2013.

                                 PART J

  Intentionally omitted.

                                 PART K

  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, 2013.

                                 PART L

  Section  1.  Expenditures  of  moneys appropriated in a chapter of the
laws of 2013 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
2011. 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, 2013.

                                 PART M

  Section 1. Notwithstanding any other law, rule or  regulation  to  the
contrary,  expenses of the department of health public service education

S. 2608--B                         21                         A. 3008--B

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, 2013.

                                 PART N

  Section 1. Paragraph (a) of subdivision  6  of  section  18-a  of  the
public  service  law,  as added by section 4 of part NN of chapter 59 of
the laws of 2009, is amended to read as follows:
  (a) Notwithstanding any provision of law to the contrary, and  subject
to the exceptions provided for in paragraph (b) of this subdivision, for
the  state  fiscal  year beginning on April first, two thousand nine and
[four] NINE state fiscal years thereafter, a temporary annual assessment
(hereinafter "temporary state energy and  utility  service  conservation
assessment")  is  hereby  imposed on public utility companies (including
for the purposes of this subdivision municipalities other  than  munici-
palities  as  defined  in section eighty-nine-l of this chapter), corpo-
rations (including for purposes of  this  subdivision  the  Long  Island
power  authority),  and  persons  subject to the commission's regulation
(hereinafter such public utility companies,  corporations,  and  persons
are referred to collectively as the "utility entities") to encourage the
conservation  of  energy  and  other  resources provided through utility
entities, to be assessed in the manner  provided  in  this  subdivision;
provided,  however, that such assessment shall not be imposed upon tele-
phone corporations as defined in subdivision seventeen of section two of
this article.
  S 2. Section 6 of part NN of chapter 59 of the laws of 2009,  amending
the  public  service  law  relating  to  financing the operations of the
department of public service, the public service commission,  department
support and energy management services provided by other state agencies,
increasing  the  utility  assessment  cap  and the minimum threshold for
collection thereunder, and establishing a  temporary  state  energy  and
utility service conservation assessment and providing for the collection
thereof, is amended to read as follows:
  S  6.  This act shall take effect immediately; provided, however, that
subdivision 6 of section 18-a of the public service  law,  as  added  by
section  four  of  this  act  shall  take effect April 1, 2009 and shall
expire and be deemed repealed  March  31,  [2014]  2019;  and  provided,
further,  that  if section four of this act shall become law after April
1, 2009, it shall take effect immediately and shall be  deemed  to  have
been in full force and effect on and after April 1, 2009.
  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, 2013; provided,
however, that the amendments to subdivision 6 of  section  18-a  of  the
public  service law made by section one of this act shall not affect the
repeal of such subdivision and shall be deemed to be repealed therewith.

                                 PART O

  Section 1. Sections 24 and 25 of the public service law  are  REPEALED
and a new section 24 is added to read as follows:
  S 24. ADMINISTRATIVE SANCTIONS; RECOVERY OF PENALTIES. 1. EVERY PUBLIC
UTILITY  COMPANY,  CORPORATION  OR  PERSON  AND THE OFFICERS, AGENTS AND
EMPLOYEES THEREOF SHALL ADHERE TO EVERY PROVISION OF  THIS  CHAPTER  AND

S. 2608--B                         22                         A. 3008--B

EVERY  ORDER  OR  REGULATION  ADOPTED UNDER AUTHORITY OF THIS CHAPTER SO
LONG AS THE SAME SHALL BE IN FORCE.
  2.  (A)  THE  COMMISSION  SHALL  HAVE  THE AUTHORITY TO ASSESS A CIVIL
PENALTY AGAINST A PUBLIC UTILITY COMPANY, CORPORATION, OR PERSON AND THE
OFFICERS, AGENTS AND EMPLOYEES  THEREOF  SUBJECT  TO  THE  JURISDICTION,
SUPERVISION,  OR REGULATION PURSUANT TO THIS CHAPTER IN AN AMOUNT AS SET
FORTH IN THIS SECTION. IN DETERMINING THE AMOUNT OF ANY  PENALTY  TO  BE
ASSESSED  PURSUANT  TO  THIS SECTION, THE COMMISSION SHALL CONSIDER: (I)
THE SERIOUSNESS OF THE VIOLATION FOR WHICH A PENALTY IS SOUGHT; (II) THE
NATURE AND EXTENT OF ANY PREVIOUS VIOLATIONS FOR  WHICH  PENALTIES  HAVE
BEEN ASSESSED AGAINST THE PUBLIC UTILITY COMPANY, CORPORATION OR PERSON;
(III)  THE  GROSS  REVENUES  AND  FINANCIAL STATUS OF THE PUBLIC UTILITY
COMPANY, CORPORATION OR PERSON; AND  (IV)  SUCH  OTHER  FACTORS  AS  THE
COMMISSION  MAY  DEEM APPROPRIATE AND RELEVANT. THE REMEDIES PROVIDED BY
THIS SUBDIVISION ARE IN ADDITION TO ANY OTHER REMEDIES PROVIDED IN LAW.
  (B) WHENEVER THE COMMISSION HAS REASON TO BELIEVE THAT A PUBLIC UTILI-
TY COMPANY, CORPORATION OR PERSON AND SUCH OFFICERS, AGENTS AND  EMPLOY-
EES THEREOF MAY BE SUBJECT TO IMPOSITION OF A CIVIL PENALTY AS SET FORTH
IN THIS SUBDIVISION, IT SHALL NOTIFY SUCH PUBLIC UTILITY COMPANY, CORPO-
RATION OR PERSON. SUCH NOTICE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO
(I) THE DATE AND A BRIEF DESCRIPTION OF THE FACTS AND NATURE OF EACH ACT
OR  FAILURE  TO  ACT  FOR WHICH SUCH PENALTY IS PROPOSED; (II) A LIST OF
EACH STATUTE, REGULATION OR ORDER THAT THE COMMISSION ALLEGES  HAS  BEEN
VIOLATED;  (III) THE AMOUNT OF EACH PENALTY THAT THE COMMISSION PROPOSES
TO ASSESS; AND (IV) THE OPTION TO REQUEST A HEARING TO  DEMONSTRATE  WHY
THE  PROPOSED  PENALTY  OR PENALTIES SHOULD NOT BE ASSESSED AGAINST SUCH
PUBLIC UTILITY COMPANY, CORPORATION, OR SUCH PERSON.
  3. ANY PUBLIC UTILITY COMPANY OR CORPORATION THAT VIOLATES A PROVISION
OF THIS CHAPTER, REGULATION OR AN ORDER ADOPTED UNDER AUTHORITY OF  THIS
CHAPTER  SO  LONG AS THE SAME SHALL BE IN FORCE, OR WHO FAILS TO PROVIDE
SAFE AND ADEQUATE SERVICE SHALL FORFEIT A SUM NOT EXCEEDING THE  GREATER
OF  ONE HUNDRED THOUSAND DOLLARS OR TWO ONE-HUNDREDTHS OF ONE PERCENT OF
THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY, CONSTITUT-
ING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN  THE  CASE  OF  A
CONTINUING  VIOLATION,  EACH DAY SHALL BE DEEMED A SEPARATE AND DISTINCT
OFFENSE.
  4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION,  ANY SUCH PUBLIC UTILITY COMPANY OR CORPORATION THAT VIOLATES A
PROVISION OF THIS CHAPTER, OR AN ORDER OR REGULATION ADOPTED  UNDER  THE
AUTHORITY OF THIS CHAPTER SPECIFICALLY FOR THE PROTECTION OF HUMAN SAFE-
TY  OR PREVENTION OF SIGNIFICANT DAMAGE TO REAL PROPERTY, INCLUDING, BUT
NOT LIMITED TO, THE COMMISSION'S CODE OF GAS SAFETY  REGULATIONS  SHALL,
IF  IT IS DETERMINED BY THE COMMISSION THAT SUCH SAFETY VIOLATION CAUSED
OR CONSTITUTED A CONTRIBUTING FACTOR IN BRINGING ABOUT:  (A) A DEATH  OR
PERSONAL INJURY; OR (B) DAMAGE TO REAL PROPERTY IN EXCESS OF FIFTY THOU-
SAND DOLLARS, FORFEIT A SUM NOT TO EXCEED THE GREATER OF:
  (I)  TWO HUNDRED FIFTY THOUSAND DOLLARS OR THREE ONE-HUNDREDTHS OF ONE
PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY,
WHICHEVER IS GREATER, CONSTITUTING A CIVIL PENALTY FOR EACH SEPARATE AND
DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR  PURPOSES  OF  THIS  PARA-
GRAPH, EACH DAY OF A CONTINUING VIOLATION SHALL NOT BE DEEMED A SEPARATE
AND  DISTINCT  OFFENSE.  THE  TOTAL PERIOD OF A CONTINUING VIOLATION, AS
WELL AS EVERY DISTINCT VIOLATION, SHALL BE SIMILARLY TREATED AS A  SEPA-
RATE AND DISTINCT OFFENSE FOR PURPOSES OF THIS PARAGRAPH; OR
  (II)  THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION.

S. 2608--B                         23                         A. 3008--B

  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OR FOUR OF THIS
SECTION, A  PUBLIC  UTILITY  COMPANY  OR  CORPORATION  THAT  VIOLATES  A
PROVISION  OF  THIS  CHAPTER,  OR  AN  ORDER OR REGULATION ADOPTED UNDER
AUTHORITY OF THIS CHAPTER, DESIGNED TO PROTECT THE  OVERALL  RELIABILITY
AND  CONTINUITY  OF  ELECTRIC  SERVICE, INCLUDING BUT NOT LIMITED TO THE
RESTORATION OF ELECTRIC SERVICE FOLLOWING A MAJOR OUTAGE EVENT OR  EMER-
GENCY, SHALL FORFEIT A SUM NOT TO EXCEED THE GREATER OF:
  (A)  FIVE  HUNDRED  THOUSAND  DOLLARS  OR  FOUR  ONE-HUNDREDTHS OF ONE
PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY,
WHICHEVER IS GREATER, CONSTITUTING A CIVIL PENALTY FOR EACH SEPARATE AND
DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR PURPOSES OF THIS PARAGRAPH
EACH DAY OF A CONTINUING VIOLATION SHALL NOT BE DEEMED  A  SEPARATE  AND
DISTINCT OFFENSE. THE TOTAL PERIOD OF A CONTINUING VIOLATION, AS WELL AS
EVERY  DISTINCT  VIOLATION  SHALL BE SIMILARLY TREATED AS A SEPARATE AND
DISTINCT OFFENSE FOR PURPOSES OF THIS PARAGRAPH; OR
  (B) THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE  WITH  SUBDIVISION
THREE OF THIS SECTION.
  6.  ANY  OFFICER,  AGENT, OR EMPLOYEE OF ANY CORPORATION DETERMINED BY
THE COMMISSION TO HAVE VIOLATED THE  PROVISIONS  OF  SUBDIVISION  THREE,
FOUR, OR FIVE OF THIS SECTION, AND WHO KNOWINGLY VIOLATES A PROVISION OF
THIS  CHAPTER,  REGULATION  OR  AN ORDER ADOPTED UNDER AUTHORITY OF THIS
CHAPTER SO LONG AS THE SAME SHALL BE IN FORCE, INCLUDING  A  FAILURE  TO
PROVIDE SAFE AND ADEQUATE SERVICE, SHALL FORFEIT A SUM NOT TO EXCEED ONE
HUNDRED THOUSAND DOLLARS CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY
OFFENSE  AND,  IN  THE CASE OF A CONTINUING VIOLATION, EACH DAY SHALL BE
DEEMED A SEPARATE AND DISTINCT OFFENSE.
  7. ANY SUCH ASSESSMENT MAY  BE  COMPROMISED  OR  DISCONTINUED  BY  THE
COMMISSION. ALL MONEYS RECOVERED PURSUANT TO THIS SECTION, TOGETHER WITH
THE  COSTS  THEREOF,  SHALL  BE  REMITTED TO, OR FOR THE BENEFIT OF, THE
RATEPAYERS IN A MANNER TO BE DETERMINED BY THE COMMISSION.
  8. UPON A FAILURE BY A PUBLIC UTILITY COMPANY, CORPORATION, OR  PERSON
TO  REMIT  ANY  PENALTY  ASSESSED  BY  THE  COMMISSION  PURSUANT TO THIS
SECTION, THE COMMISSION, THROUGH ITS COUNSEL, MAY INSTITUTE AN ACTION OR
SPECIAL PROCEEDING TO COLLECT THE PENALTY IN A COURT OF COMPETENT JURIS-
DICTION.
  9. ANY PAYMENT MADE BY A PUBLIC UTILITY COMPANY, CORPORATION OR PERSON
AND THE OFFICERS, AGENTS AND EMPLOYEES THEREOF AS A RESULT OF AN ASSESS-
MENT AS PROVIDED IN THIS SECTION, AND THE COST OF LITIGATION AND  INVES-
TIGATION  RELATED  TO ANY SUCH ASSESSMENT, SHALL NOT BE RECOVERABLE FROM
RATEPAYERS.
  10. IN CONSTRUING AND ENFORCING THE PROVISIONS OF THIS CHAPTER  RELAT-
ING TO PENALTIES, THE ACT OF ANY DIRECTOR, OFFICER, AGENT OR EMPLOYEE OF
A  PUBLIC UTILITY COMPANY, CORPORATION OR PERSON ACTING WITHIN THE SCOPE
OF HIS OR HER OFFICIAL DUTIES OR EMPLOYMENT SHALL BE DEEMED  TO  BE  THE
ACT OF SUCH PUBLIC UTILITY COMPANY OR CORPORATION.
  S 2. Section 26 of the public service law is renumbered section 25.
  S 3. Section 65 of the public service law is amended by adding two new
subdivisions 14 and 15 to read as follows:
  14.  IN  CONJUNCTION WITH A MANAGEMENT AND OPERATIONS AUDIT UNDERTAKEN
PURSUANT TO SUBDIVISION NINETEEN OF SECTION SIXTY-SIX OF THIS ARTICLE OR
UPON ITS OWN MOTION, THE COMMISSION SHALL REVIEW THE CAPABILITY, INCLUD-
ING BUT NOT LIMITED TO, THE CAPABILITY TO IMPLEMENT  EMERGENCY  RESPONSE
PLANS  AND RESTORATION, OF EACH GAS CORPORATION AND ELECTRIC CORPORATION
TO PROVIDE SAFE, ADEQUATE, AND RELIABLE SERVICE.  UPON GOOD CAUSE SHOWN,
THE COMMISSION MAY DIRECT SUCH CORPORATION TO COMPLY WITH ADDITIONAL AND
MORE STRINGENT TERMS AND CONDITIONS OF SERVICE THAN EXISTED PRIOR TO THE

S. 2608--B                         24                         A. 3008--B

COMMENCEMENT OF THE MANAGEMENT  AND  OPERATIONS  AUDIT,  OR  CAUSE  SUCH
CORPORATION  TO  DIVEST  SOME  OR ALL OF ITS STATE-BASED UTILITY ASSETS,
INCLUDING FRANCHISE TERRITORIES, BASED  UPON  STANDARDS  AND  PROCEDURES
ESTABLISHED  BY THE COMMISSION TO ENSURE CONTINUITY OF SAFE AND ADEQUATE
SERVICE, DUE PROCESS, AND FAIR AND JUST COMPENSATION; PROVIDED, HOWEVER,
THAT NOTHING IN THIS SUBDIVISION LIMITS THE  COMMISSION'S  AUTHORITY  TO
UNDERTAKE  THE  ACTIONS  SET  FORTH PURSUANT TO SECTIONS TWENTY-FOUR AND
TWENTY-FIVE OF THIS CHAPTER. IN THE CASE WHERE THE COMMISSION DIRECTS  A
FULL  OR  PARTIAL  DIVESTMENT  OF A CORPORATION'S ASSETS, THE COMMISSION
SHALL FIRST PROCEED IN SUCH MANNER AS TO FACILITATE THE VOLUNTARY TRANS-
FER OF SUCH ASSETS.
  15. THE CHIEF EXECUTIVE OFFICER OF EACH GAS CORPORATION  AND  ELECTRIC
CORPORATION SHALL CERTIFY TO THE COMMISSION ON OR BEFORE MARCH FIFTEENTH
OF  EACH  YEAR  THAT SUCH CORPORATION IS IN COMPLIANCE WITH THE REQUIRE-
MENTS OF THIS CHAPTER AND ANY RULES, REGULATIONS, ORDERS AND  PROCEDURES
ADOPTED  THERETO, INCLUDING THE OBLIGATION THAT SUCH CORPORATION PROVIDE
SAFE AND ADEQUATE SERVICE.
  S 4. Subdivisions 19 and 21 of section 66 of the public  service  law,
subdivision 19 as added by chapter 556 of the laws of 1976 and the clos-
ing  paragraph  as added by chapter 586 of the laws of 1986 and subdivi-
sion 21 as added by chapter 718 of the laws of 1980, are amended  and  a
new subdivision 1-a is added to read as follows:
  1-A.  REVIEW  THE  ANNUAL  CAPITAL EXPENDITURE OF EACH GAS OR ELECTRIC
CORPORATION AND MAY ORDER SUCH IMPROVEMENT IN THE  MANUFACTURE,  CONVEY-
ING,  TRANSPORTATION, DISTRIBUTION OR SUPPLY OF GAS, IN THE MANUFACTURE,
TRANSMISSION OR SUPPLY OF ELECTRICITY, OR IN  THE  METHODS  EMPLOYED  BY
SUCH  CORPORATION  AS IN THE COMMISSION'S JUDGMENT IS ADEQUATE, JUST AND
REASONABLE.
  19. (A) The commission shall have power to provide for management  and
operations  audits  of  gas corporations and electric corporations. Such
audits shall be performed at least once every five years for combination
gas and electric companies, as well as  for  straight  gas  corporations
having  annual  gross revenues in excess of two hundred million dollars.
The audit shall include, but not be limited to, an investigation of  the
company's  construction program planning in relation to the needs of its
customers for reliable service [and], an evaluation of the efficiency of
the company's operations, RECOMMENDATIONS WITH RESPECT TO SAME, AND  THE
TIMING  WITH RESPECT TO THE IMPLEMENTATION OF SUCH RECOMMENDATIONS.  The
commission shall have discretion to have such audits  performed  by  its
staff, or by independent auditors.
  In  every  case  in  which  the  commission  chooses to have the audit
provided for in this subdivision OR PURSUANT TO SUBDIVISION FOURTEEN  OF
SECTION SIXTY-FIVE OF THIS ARTICLE performed by independent auditors, it
shall  have authority to select the auditors, and to require the company
being audited to enter into a contract with the auditors  providing  for
their  payment  by the company. Such contract shall provide further that
the auditors shall work for and under the direction  of  the  commission
according  to  such  terms as the commission may determine are necessary
and reasonable.
  [The commission shall have authority to direct the company  to  imple-
ment  any recommendations resulting from such audits that it finds to be
necessary and reasonable.]
  (B) EACH GAS AND ELECTRIC CORPORATION SUBJECT TO AN AUDIT  UNDER  THIS
SUBDIVISION  SHALL  FILE A REPORT WITH THE COMMISSION WITHIN THIRTY DAYS
AFTER ISSUANCE OF SUCH AUDIT DETAILING ITS PLAN TO IMPLEMENT THE  RECOM-
MENDATIONS  MADE IN THE AUDIT. AFTER REVIEW OF SUCH PLAN, THE COMMISSION

S. 2608--B                         25                         A. 3008--B

MAY REQUIRE THAT SUCH CORPORATION AMEND THE PLAN IN A PARTICULAR MANNER.
SUCH PLAN SHALL THEREAFTER  BECOME  ENFORCEABLE  UPON  APPROVAL  BY  THE
COMMISSION.  THE COMMISSION SHALL HAVE POWER TO COMMENCE A PROCEEDING TO
EXAMINE  ANY  SUCH  CORPORATION'S COMPLIANCE WITH THE RECOMMENDATIONS OF
SUCH AUDIT.
  (C) Upon the application of a gas or electric corporation for a  major
change  in  rates  as defined in subdivision twelve of this section, the
commission  shall  review  that  corporation's   compliance   with   the
directions  and  recommendations made previously by the commission, as a
result of the most recently completed management and  operations  audit.
The  commission  shall  incorporate  the  findings of such review in its
opinion or order, AND SUCH FINDINGS SHALL BE ENFORCEABLE BY THE  COMMIS-
SION.
  21. [The commission shall require every electric corporation to submit
storm  plans to the commission for review and approval at such times and
in such detail and form  as  the  commission  shall  require,  provided,
however, that the same shall be filed at least annually.] (A) EACH ELEC-
TRIC CORPORATION SHALL ANNUALLY, ON OR BEFORE DECEMBER FIFTEENTH, SUBMIT
TO  THE  COMMISSION  AN EMERGENCY RESPONSE PLAN FOR REVIEW AND APPROVAL.
THE EMERGENCY RESPONSE PLAN SHALL BE DESIGNED FOR THE REASONABLY  PROMPT
RESTORATION  OF  SERVICE  IN THE CASE OF AN EMERGENCY EVENT, DEFINED FOR
PURPOSES OF THIS SUBDIVISION AS AN EVENT WHERE WIDESPREAD  OUTAGES  HAVE
OCCURRED  IN THE SERVICE TERRITORY OF THE COMPANY DUE TO STORMS OR OTHER
CAUSES BEYOND THE CONTROL OF THE COMPANY. THE  EMERGENCY  RESPONSE  PLAN
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING: (I) THE IDEN-
TIFICATION OF MANAGEMENT STAFF RESPONSIBLE FOR COMPANY OPERATIONS DURING
AN  EMERGENCY;  (II)  A  COMMUNICATIONS  SYSTEM WITH CUSTOMERS DURING AN
EMERGENCY THAT EXTENDS BEYOND NORMAL BUSINESS HOURS AND BUSINESS  CONDI-
TIONS;  (III)  IDENTIFICATION OF AND OUTREACH PLANS TO CUSTOMERS WHO HAD
DOCUMENTED THEIR NEED FOR ESSENTIAL ELECTRICITY FOR MEDICAL NEEDS;  (IV)
IDENTIFICATION  OF  AND  OUTREACH  PLANS TO CUSTOMERS WHO HAD DOCUMENTED
THEIR NEED FOR ESSENTIAL ELECTRICITY TO  PROVIDE  CRITICAL  TELECOMMUNI-
CATIONS,   CRITICAL   TRANSPORTATION   AND  CRITICAL  FUEL  DISTRIBUTION
SERVICES; (V) DESIGNATION OF COMPANY STAFF  TO  COMMUNICATE  WITH  LOCAL
OFFICIALS AND APPROPRIATE REGULATORY AGENCIES; (VI) PROVISIONS REGARDING
HOW THE COMPANY WILL ASSURE THE SAFETY OF ITS EMPLOYEES AND CONTRACTORS;
(VII)  PROCEDURES  FOR  DEPLOYING  COMPANY  AND MUTUAL AID CREWS TO WORK
ASSIGNMENT AREAS;  (VIII)  IDENTIFICATION  OF  ADDITIONAL  SUPPLIES  AND
EQUIPMENT  NEEDED DURING AN EMERGENCY; (IX) THE MEANS OF OBTAINING ADDI-
TIONAL SUPPLIES AND EQUIPMENT; (X) PROCEDURES TO PRACTICE THE  EMERGENCY
RESPONSE PLAN; AND (XI) SUCH OTHER ADDITIONAL INFORMATION AS THE COMMIS-
SION  MAY  REQUIRE.  THE FILING WITH THE COMMISSION SHALL ALSO INCLUDE A
COPY OF ALL WRITTEN MUTUAL ASSISTANCE AGREEMENTS  AMONG  UTILITIES.  THE
COMMISSION  SHALL  ACCORD  PROTECTED TREATMENT OF CONFIDENTIAL, COMPETI-
TIVELY SENSITIVE OR OTHER PROPRIETARY INFORMATION CONTAINED IN ANY EMER-
GENCY RESPONSE PLAN.  EACH SUCH CORPORATION SHALL, ON AN  ANNUAL  BASIS,
UNDERTAKE  DRILLS  IMPLEMENTING  PROCEDURES  TO  PRACTICE  ITS EMERGENCY
MANAGEMENT PLAN.   THE  DEPARTMENT  MAY  ADOPT  ADDITIONAL  REQUIREMENTS
CONSISTENT WITH ENSURING THE REASONABLY PROMPT RESTORATION OF SERVICE IN
THE CASE OF AN EMERGENCY EVENT.
  (B)  AFTER  REVIEW  OF  A  CORPORATION'S  EMERGENCY RESPONSE PLAN, THE
COMMISSION MAY REQUIRE SUCH CORPORATION TO AMEND THE PLAN.  THE  COMMIS-
SION  MAY ALSO OPEN AN INVESTIGATION OF THE CORPORATION'S PLAN TO DETER-
MINE ITS SUFFICIENCY TO RESPOND ADEQUATELY TO AN EMERGENCY EVENT.    IF,
AFTER  HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE PLAN,

S. 2608--B                         26                         A. 3008--B

IT MAY ORDER THE COMPANY  TO  MAKE  SUCH  MODIFICATIONS  THAT  IT  DEEMS
REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
  (C)  THE  COMMISSION  IS AUTHORIZED TO OPEN AN INVESTIGATION TO REVIEW
THE PERFORMANCE OF ANY CORPORATION IN  RESTORING  SERVICE  OR  OTHERWISE
MEETING  THE REQUIREMENTS OF THE EMERGENCY RESPONSE PLAN DURING AN EMER-
GENCY EVENT. IF,  AFTER  EVIDENTIARY  HEARINGS  OR  OTHER  INVESTIGATORY
PROCEEDINGS, THE COMMISSION FINDS THAT THE CORPORATION FAILED TO REASON-
ABLY  IMPLEMENT ITS EMERGENCY RESPONSE PLAN OR THE LENGTH OF SUCH CORPO-
RATION'S OUTAGES WERE MATERIALLY LONGER THAN THEY WOULD  HAVE  BEEN  BUT
FOR  SUCH  FAILURE  TO REASONABLY IMPLEMENT ITS EMERGENCY RESPONSE PLAN,
THE COMMISSION MAY DENY THE RECOVERY OF ALL, OR ANY PART OF, THE SERVICE
RESTORATION COSTS, COMMENSURATE  WITH  THE  DEGREE  AND  IMPACT  OF  THE
SERVICE  OUTAGE;  PROVIDED,  HOWEVER,  THAT  NOTHING  HEREIN  LIMITS THE
COMMISSION'S AUTHORITY TO OTHERWISE COMMENCE A  PROCEEDING  PURSUANT  TO
SECTIONS TWENTY-FOUR AND TWENTY-FIVE OF THIS CHAPTER.
  (D) THE COMMISSION SHALL CERTIFY TO THE DEPARTMENT OF HOMELAND SECURI-
TY  AND  EMERGENCY  SERVICES  THAT  EACH  SUCH  CORPORATION'S  EMERGENCY
RESPONSE PLAN IS SUFFICIENT TO ENSURE TO THE  GREATEST  EXTENT  FEASIBLE
THE TIMELY AND SAFE RESTORATION OF ENERGY SERVICES AFTER AN EMERGENCY.
  S 5. Section 68 of the public service law, as amended by chapter 52 of
the laws of 1940, is amended to read as follows:
  S 68. [Approval  of incorporation and franchises; certificate] CERTIF-
ICATE OF PUBLIC CONVENIENCE AND NECESSITY.  1. CERTIFICATE REQUIRED.  No
gas  corporation  or  electric corporation shall begin construction of a
gas plant or electric plant without first having obtained the permission
and approval of the commission. No such corporation shall  exercise  any
right  or  privilege under any franchise hereafter granted, or under any
franchise heretofore granted but not heretofore actually  exercised,  or
the  exercise of which shall have been suspended for more than one year,
without first having obtained [the permission and approval of] A CERTIF-
ICATE OF PUBLIC CONVENIENCE AND  NECESSITY  ISSUED  BY  the  commission.
Before  such certificate shall be issued a certified copy of the charter
of such corporation shall be filed in  the  office  of  the  commission,
together with a verified statement of the president and secretary of the
corporation,  showing  that  it has received the required consent of the
proper municipal authorities. The commission shall have power  to  grant
the permission and approval herein specified whenever it shall after due
hearing  determine that such construction or such exercise of the right,
privilege or franchise is [necessary or] convenient  AND  NECESSARY  for
the public service. IN MAKING SUCH A DETERMINATION, THE COMMISSION SHALL
CONSIDER  THE ECONOMIC FEASIBILITY OF THE CORPORATION, THE CORPORATION'S
ABILITY TO FINANCE IMPROVEMENTS OF A GAS PLANT OR ELECTRIC PLANT, RENDER
SAFE, ADEQUATE AND RELIABLE SERVICE, AND  PROVIDE  JUST  AND  REASONABLE
RATES,  AND WHETHER ISSUANCE OF A CERTIFICATE IS IN THE PUBLIC INTEREST.
Except as provided in article [fourteen-a]  FOURTEEN-A  of  the  general
municipal  law,  no  municipality  shall build, maintain and operate for
other than municipal purposes any works or systems for  the  manufacture
and  supplying  of  gas  or  electricity for lighting purposes without a
certificate of authority granted by the commission. If  the  certificate
of  authority  is refused, no further proceedings shall be taken by such
municipality before the commission, but a new application  may  be  made
therefor after one year from the date of such refusal.
  2.  REVOCATION  OR  MODIFICATION  OF  CERTIFICATE.  THE COMMISSION MAY
COMMENCE A PROCEEDING TO REVOKE OR MODIFY SUCH CERTIFICATE AS IT RELATES
TO SUCH CORPORATION'S SERVICE TERRITORY OR ANY PORTION THEREOF BASED  ON

S. 2608--B                         27                         A. 3008--B

GOOD  CAUSE  SHOWN,  WITH  THE  INQUIRY INFORMED BY CONSIDERATION OF THE
FOLLOWING FACTORS:
  (A)  THE  FACTORS  IDENTIFIED  IN  SUBDIVISION ONE OF THIS SECTION FOR
ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY;
  (B) WHETHER ANOTHER PERSON, FIRM OR CORPORATION IS  QUALIFIED,  AVAIL-
ABLE,  AND  PREPARED  TO PROVIDE ALTERNATIVE SERVICE THAT IS ADEQUATE TO
SERVE THE PUBLIC CONVENIENCE AND NECESSITY, AND THAT THE  TRANSITION  TO
SUCH  ALTERNATIVE PERSON, FIRM OR CORPORATION IS IN THE PUBLIC INTEREST;
AND
  (C) UPON ANY OTHER STANDARDS AND PROCEDURES DEEMED  NECESSARY  BY  THE
COMMISSION  TO  ENSURE  CONTINUITY OF SAFE AND ADEQUATE SERVICE, AND DUE
PROCESS.
  S 6. Paragraph d of subdivision 1  of  section  119-b  of  the  public
service  law,  as amended by chapter 445 of the laws of 1995, is amended
to read as follows:
  d. "Underground facilities" means pipelines, conduits, ducts,  cables,
wires, GAS PRODUCTION AND GATHERING PIPELINE SYSTEMS DESIGNED TO OPERATE
AT  THREE  HUNDRED  POUNDS  PER  SQUARE  INCH GAUGE OR HIGHER, manholes,
vaults or other such facilities or their attachments[, which have  been]
installed  underground  by an operator to provide services or materials.
Such term shall not include oil [and gas] production and gathering pipe-
line systems used primarily to collect  oil  [or  gas]  production  from
wells.
  S  7.  Subdivision  4  of  section 760 of the general business law, as
amended by chapter 685 of the laws  of  1994,  is  amended  to  read  as
follows:
  4.  "Underground facilities" means pipelines, conduits, ducts, cables,
wires, GAS PRODUCTION AND GATHERING PIPELINE SYSTEMS DESIGNED TO OPERATE
AT THREE HUNDRED POUNDS PER  SQUARE  INCH  GAUGE  OR  HIGHER,  manholes,
vaults  or other such facilities or their attachments[, which have been]
installed underground by an operator to provide services  or  materials.
Such term shall not include oil [and gas] production and gathering pipe-
line  systems  used  primarily  to  collect oil [or gas] production from
wells.
  S 8. Paragraphs a and b of subdivision 1 of section 765 of the general
business law, as amended by chapter 685 of the laws of 1994, are amended
to read as follows:
  a. Failure to comply with any provision of this article shall  subject
an  excavator or an operator to a civil penalty of up to [one] TWO thou-
sand FIVE HUNDRED dollars for the first violation and  up  to  an  addi-
tional  [seven]  TEN thousand [five hundred] dollars for each succeeding
violation [which] THAT occurs [in connection with the  entire  self-same
excavation or demolition activity] within a [two] TWELVE month period.
  b.  The  penalties  provided for by this article shall not apply to an
excavator who damages an underground facility due to the failure of  the
operator  to comply with any of the provisions of this article nor shall
in such instance the excavator be liable for repairs  as  prescribed  in
subdivision [five] FOUR of this section.
  S 9. This act shall take effect immediately.

                                 PART P

  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,

S. 2608--B                         28                         A. 3008--B

as  amended by section 1 of part L of chapter 60 of the laws of 2011, is
amended to read as follows:
  S  2.  This  act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full  force  and
effect  on  and  after  April  1, 2003 and shall expire March 31, [2013]
2014.
  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, 2013.

                                 PART Q

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2013-2014
state fiscal year. Each component is wholly contained within  a  Subpart
identified  as Subparts A through E. The effective date for each partic-
ular provision contained within such Subpart is set forth  in  the  last
section of such Subpart. Any provision in any section contained within a
Subpart,  including  the  effective  date  of the Subpart, 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 corre-
sponding section of the Subpart in which it is found. Section  three  of
this Part sets forth the general effective date of this Part.

                                SUBPART A

  Section  1.  Section 579 of the banking law, as amended by chapter 629
of the laws of 2002, is amended to read as follows:
  S 579. Doing business without license  prohibited.  Only  a  [type  B]
not-for-profit corporation [as defined in section two hundred one of the
not-for-profit corporation law of this state,] or an entity incorporated
in  another  state  and  having  a  similar not-for-profit status, shall
engage in the business of budget planning as defined in subdivision  one
of  section four hundred fifty-five of the general business law [of this
state] except as authorized by this article and without first  obtaining
a license from the superintendent.
  S 2.  The opening paragraph of paragraph 1 of section 5 of the cooper-
ative  corporations  law, as amended by chapter 158 of the laws of 1978,
is amended to read as follows:
  The business corporation law applies to every  corporation  heretofore
or  hereafter  formed  under this chapter, or under any other statute or
special act of this state, or under laws other than the statutes of this
state, [which] THAT has as its purpose or among its purposes the cooper-
ative rendering of mutual help and service to its members and which,  if
formed  under  laws  other than the statutes of this state, would, if it
were to be formed currently under the laws  of  this  state,  be  formed
under this chapter except a membership cooperative as defined in section
three of this chapter, to which the not-for-profit corporation law shall
apply.  Any  corporation  to  which the business corporation law is made
applicable by this section shall be treated as a "corporation,"  "domes-
tic  corporation,"  or  "foreign corporation," as such terms are used in
the business  corporation  law;  provided,  however,  that  neither  the
purposes for which any such corporation may be formed under this chapter
nor  its  classification  as  a  non-profit corporation shall thereby be
extended or affected. Any corporation to which the not-for-profit corpo-
ration law is made applicable by this section shall be [a  type  D  not-
for-profit  corporation]  SUBJECT  TO  PROVISIONS GOVERNING CORPORATIONS

S. 2608--B                         29                         A. 3008--B

FORMED UNDER SUBPARAGRAPH FOUR OF PARAGRAPH (B) OF SECTION  TWO  HUNDRED
ONE OF THE NOT-FOR-PROFIT CORPORATION LAW.
  S  3.  Subdivision  4  of  section 455 of the general business law, as
amended by chapter 456 of the laws  of  2006,  is  amended  to  read  as
follows:
  4.  Person or entity as used in this article shall not include a [type
B] not-for-profit corporation as defined in section two hundred  one  of
the  not-for-profit corporation law of this state, or an entity incorpo-
rated in another state  and  having  a  similar  not-for-profit  status,
licensed  by  the superintendent OF FINANCIAL SERVICES, to engage in the
business of budget planning as defined in this section.
  S 4. Paragraphs (a) and (c)  of  section  103  of  the  not-for-profit
corporation  law, paragraph (a) as amended by chapter 807 of the laws of
1973 and paragraph (c) as amended by chapter 961 of the  laws  of  1972,
are amended to read as follows:
  (a)    Except  as  otherwise  provided  in  this section, this chapter
applies to every domestic corporation as herein defined,  and  to  every
foreign  corporation as herein defined which is authorized to conduct or
which conducts any activities in this state.  This chapter also  applies
to  any other domestic corporation or foreign corporation of any type or
kind to the extent, if any, provided  under  this  chapter  or  any  law
governing  such corporation and, if no such provision for application is
made, to the extent,  if  any,  that  the  membership  corporations  law
applied to such corporation as of the effective date of this chapter.  A
corporation formed by a special act of this state which has as its prin-
cipal  purpose an education purpose and which is a member of the univer-
sity of the state of New  York,  is  an  "education  corporation"  under
section two hundred sixteen-a of the education law.
  To  the  extent  that  the  membership corporations law or the general
corporation law applied to it as of the effective date of this  chapter,
the  corresponding  provisions  of  this  chapter apply to a corporation
heretofore formed by or pursuant to a special act of  this  state  other
than  a religious corporation or an "education corporation" under clause
(b) of subdivision one of section two hundred sixteen-a of the education
law, if (1) its principal purpose is a religious, charitable  or  educa-
tion  purpose, and (2) it is operated, supervised or controlled by or in
connection with a religious organization.    Any  such  corporation  may
elect  hereunder at any time after the effective date of this chapter to
file a RESTATED certificate of [type] INCORPORATION under section  [one]
EIGHT  hundred  [thirteen  (Certificate of type of not-for-profit corpo-
ration)] FIVE (RESTATED CERTIFICATE  OF  INCORPORATION).  SUCH  RESTATED
CERTIFICATE  OF INCORPORATION SHALL MEET THE REQUIREMENTS OF SECTION 402
(CERTIFICATE OF INCORPORATION; CONTENTS).    Upon  the  filing  of  such
certificate  by the department of state, this chapter shall apply in all
respects to such corporation.
  This chapter also applies to any other  corporation  of  any  type  or
kind,  formed not for profit under any other chapter of the laws of this
state except a chapter of the consolidated  laws,  to  the  extent  that
provisions  of  this chapter do not conflict with the provisions of such
unconsolidated law.  If an applicable provision of  such  unconsolidated
law  relates to a matter embraced in this chapter but is not in conflict
therewith, both provisions shall apply.  Any corporation to  which  this
chapter  is  made  applicable  by  this  paragraph shall be treated as a
"corporation" or "domestic corporation" as such terms are used  in  this
chapter,  except  that  the  purposes  of any such corporation formed or
formable under such unconsolidated law shall not  thereby  be  extended.

S. 2608--B                         30                         A. 3008--B

For the purpose of this paragraph, the effective date of this chapter as
to  corporations  to which this chapter is made applicable by this para-
graph shall be September one, nineteen hundred seventy-three.
  (c)  If  any  provision  in articles one to thirteen inclusive of this
chapter conflicts with a provision of any subsequent articles or of  any
special  act  under which a corporation to which this chapter applies is
formed,  the  provision  in  such  subsequent  article  or  special  act
prevails.    A  provision  of any such subsequent article or special act
relating to a matter referred to in articles one to  thirteen  inclusive
and  not  in  conflict  therewith  is supplemental and both shall apply.
Whenever the board of a [Type B] corporation  FORMED  FOR  THE  PURPOSES
SPECIFIED  IN  SUBPARAGRAPH  TWO OF PARAGRAPH (B) OF SECTION TWO HUNDRED
ONE OF THIS CHAPTER, formed under a special  act,  reasonably  makes  an
interpretation  as  to  whether  a  provision of the special act or this
chapter prevails, or both apply, such interpretation shall govern unless
and until a court determines otherwise, if such board has acted in  good
faith  for  a  purpose  which  it  reasonably believes to be in the best
interests of the corporation, provided however, that such interpretation
shall not bind any governmental body or officer.
  S 5. Paragraph (e) of section 104 of  the  not-for-profit  corporation
law,  as  amended by chapter 833 of the laws of 1982, is amended to read
as follows:
  (e)  If an instrument which is delivered to the  department  of  state
for  filing  complies as to form with the requirements of law [and there
has been attached to it the consent or approval  of  the  supreme  court
justice, governmental body or officer, or, other person or body, if any,
whose consent to or approval of such instrument or the filing thereof is
required  by  any  statute of this state] and the filing fee and tax, if
any, required by any statute of this state in connection therewith  have
been  paid,  the instrument shall be filed and indexed by the department
of state.  No certificate of authentication or conformity or other proof
shall be required with respect to any verification, oath or  acknowledg-
ment  of  any instrument delivered to the department of state under this
chapter, if such verification, oath or acknowledgment purports  to  have
been  made  before  a notary public, or person performing the equivalent
function, of one of the states,  or  any  subdivision  thereof,  of  the
United  States  or the District of Columbia. Without limiting the effect
of section four hundred three of this chapter, filing  and  indexing  by
the department of state shall not be deemed a finding that a certificate
conforms to law, nor shall it be deemed to constitute an approval by the
department  of  state  of the name of the corporation or the contents of
the certificate, nor shall it be  deemed  to  prevent  any  person  with
appropriate  standing  from contesting the legality thereof in an appro-
priate forum. UPON THE WRITTEN NOTIFICATION TO THE DEPARTMENT  OF  STATE
BY  ANY  STATE  OFFICIAL, DEPARTMENT, BOARD, AGENCY OR OTHER BODY THAT A
DOMESTIC CORPORATION OR FOREIGN AUTHORIZED  CORPORATION  HAS  FAILED  TO
OBTAIN  THE  CONSENT  OR  APPROVAL  OF  SUCH STATE OFFICIAL, DEPARTMENT,
BOARD, AGENCY OR OTHER BODY  FOR  ANY  CERTIFICATE  OR  INSTRUMENT,  THE
CORPORATION'S  AUTHORITY  TO CARRY ON, CONDUCT OR TRANSACT ACTIVITIES IN
THIS STATE SHALL BE SUSPENDED.  SUCH SUSPENSION SHALL BE  ANNULLED  UPON
THE  FILING  OF  A CERTIFICATE OF AMENDMENT WITH THE REQUIRED CONSENT OR
APPROVAL ANNEXED THERETO.
  S 6. Subparagraph 7 of paragraph (a) of section 112  of  the  not-for-
profit  corporation law, as amended by chapter 1058 of the laws of 1971,
is amended to read as follows:

S. 2608--B                         31                         A. 3008--B

  (7)   To enforce any right given under  this  chapter  to  members,  a
director  or  an  officer of a [Type B or Type C] corporation FORMED FOR
THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR  OF  PARAGRAPH
(B)  OF  SECTION  TWO HUNDRED ONE OF THIS CHAPTER.  The attorney-general
shall have the same status as such members, director or officer.
  S 7. Section 113 of the not-for-profit corporation law is REPEALED.
  S  8.  Section  114 of the not-for-profit corporation law, as added by
chapter 847 of the laws of 1970, is amended to read as follows:
S 114. Visitation of supreme court.
  [Type B and Type C corporations] CORPORATIONS FORMED FOR THE  PURPOSES
SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF PARAGRAPH (B) OF SECTION
TWO HUNDRED ONE OF THIS CHAPTER, whether formed under general or special
laws,  with their books and vouchers, shall be subject to the visitation
and inspection of a justice of the  supreme  court,  or  of  any  person
appointed  by the court for that purpose.  If it appears by the verified
petition of a member or creditor of any such corporation,  that  it,  or
its directors, officers or agents, have misappropriated any of the funds
or property of the corporation, or diverted them from the purpose of its
incorporation,  or  that the corporation has acquired property in excess
of the amount which it is authorized by law to hold, or has  engaged  in
any business other than that stated in its certificate of incorporation,
the  court  may order that notice of at least eight days, with a copy of
the petition, be served on the corporation and the persons charged  with
misconduct,  requiring them to show cause at a time and place specified,
why they should not be required  to  make  and  file  an  inventory  and
account  of  the  property,  effects and liabilities of such corporation
with a detailed statement of its transactions during the  twelve  months
next  preceding  the  granting  of  such order.   On the hearing of such
application, the court may  make  an  order  requiring  such  inventory,
account  and  statement  to  be  filed, and proceed to take and state an
account of the property and  liabilities  of  the  corporation,  or  may
appoint  a  referee  for  that purpose.   When such account is taken and
stated, after hearing all the parties to the application, the court  may
enter  a  final  order determining the amount of property so held by the
corporation, its annual income, whether any of the property or funds  of
the  corporation  have  been  misappropriated  or  diverted to any other
purpose than that for  which  such  corporation  was  incorporated,  and
whether such corporation has been engaged in any activity not covered by
its certificate of incorporation.  An appeal may be taken from the order
by  any  party aggrieved to the appellate division of the supreme court,
and to the court of appeals, as in a civil action.  No corporation shall
be required to make and file more than one inventory and account in  any
one  year, nor to make a second account and inventory, while proceedings
are pending for the statement of an account under this section.
  S 9. Paragraph (b) of section 201 of  the  not-for-profit  corporation
law,  as  amended by chapter 847 of the laws of 1970, is amended to read
as follows:
  (b) A corporation, [of a type  and]  for  a  purpose  or  purposes  as
follows,  may  be  formed under this chapter, provided consents required
under any other statute of this state have been obtained:
  [Type A - A not-for-profit corporation of this type may be formed] (1)
for any lawful non-business  purpose  or  purposes  including,  but  not
limited  to,  any  one  or more of the following non-pecuniary purposes:
civic, patriotic, political, social, fraternal, athletic,  agricultural,
horticultural,  animal  husbandry,  and  for a professional, commercial,
industrial, trade or service association.

S. 2608--B                         32                         A. 3008--B

  [Type B - A not-for-profit corporation of this type may be formed] (2)
for any one or more of the following non-business purposes:  charitable,
educational,  religious,  scientific,  literary,  cultural  or  for  the
prevention of cruelty to children or animals.
  [Type C - A not-for-profit corporation of this type may be formed] (3)
for  any  lawful  business  purpose to achieve a lawful public or quasi-
public objective.
  [Type D - A not-for-profit corporation of  this  type  may  be  formed
under  this  chapter] (4) when such formation is authorized by any other
corporate law of this state for any business or non-business, or pecuni-
ary or non-pecuniary, purpose or purposes specified by such  other  law,
whether such purpose or purposes are also within [types A, B, C] SUBPAR-
AGRAPHS ONE, TWO OR THREE above or otherwise.
  S  10.  Paragraph (c) of section 201 of the not-for-profit corporation
law, as amended by chapter 1058 of the laws of 1971, is amended to  read
as follows:
  (c)  If  a  corporation  is formed for purposes which are [within both
type A and type B above, it  is  a  type  B  corporation]  SPECIFIED  IN
SUBPARAGRAPHS  ONE  AND  TWO  OF  PARAGRAPH  (B)  OF  THIS  SECTION, ALL
PROVISIONS GOVERNING  CORPORATIONS  FORMED  FOR  PURPOSES  SPECIFIED  IN
SUBPARAGRAPH  TWO  OF  PARAGRAPH (B) OF THIS SECTION SHALL APPLY TO SUCH
CORPORATION.  [If a corporation has among its purposes any purpose which
is within type C, such corporation is a type C corporation.] A [type  D]
corporation  [is  subject  to  all  provisions of this chapter which are
applicable to a type B corporation under this chapter]  FORMED  PURSUANT
TO  SUBPARAGRAPH FOUR OF PARAGRAPH (B) OF THIS SECTION SHALL BE GOVERNED
BY ALL PROVISIONS GOVERNING CORPORATIONS FORMED FOR  PURPOSES  SPECIFIED
IN  PARAGRAPH  TWO OF SUBDIVISION (B) OF THIS SECTION unless provided to
the contrary in, and subject to the contrary provisions  of,  the  other
corporate law authorizing formation under this chapter of [the type D]
 SUCH corporation.
  S  11.  Subparagraph 3 of paragraph (a) of section 301 of the not-for-
profit corporation law is amended to read as follows:
  (3)  Shall not contain any word or  phrase,  or  any  abbreviation  or
derivative  thereof,  the  use  of  which is prohibited or restricted by
[section 404 (Approvals and consents) or]  any  other  statute  of  this
state,  [unless  in  the latter case the] EXCEPT IN COMPLIANCE WITH SUCH
restrictions [have been complied with].
  S 12. Subparagraphs 2 and 4 of paragraph (a) of  section  402  of  the
not-for-profit corporation law, subparagraph 2 as amended by chapter 847
of  the laws of 1970 and subparagraph 4 as amended by chapter 679 of the
laws of 1985, are amended to read as follows:
  (2) That the corporation is a corporation as defined  in  subparagraph
(a)  (5) of section 102 (Definitions); the purpose or purposes for which
it is formed [and the type of corporation it shall be under section  201
(Purposes)];  and  in  the  case  of  a  [Type C] corporation FORMED FOR
PURPOSES SPECIFIED IN SUBPARAGRAPH THREE OF PARAGRAPH (B) OF SECTION 201
(PURPOSES), the lawful public or  quasi-public  objective  [which]  each
business purpose will achieve.
  (4)  [In the case of a Type A, Type B, or Type C corporation, the] THE
names and addresses of the initial directors. In the case of a [Type  D]
corporation  FORMED  UNDER SUBPARAGRAPH FOUR OF PARAGRAPH (B) OF SECTION
201 (PURPOSES), the names and addresses of  the  initial  directors,  if
any, may but need not be set forth.
  S  13.  Paragraph (d) of section 502 of the not-for-profit corporation
law is amended to read as follows:

S. 2608--B                         33                         A. 3008--B

  (d) A member's capital contribution shall be evidenced  by  a  capital
certificate which shall be non-transferable, except that the certificate
of incorporation of a [Type A] corporation FORMED FOR THE PURPOSES SPEC-
IFIED IN SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SECTION 201 (PURPOSES) may
provide that its capital certificates, or some of them, may be transfer-
able to other members with the consent of the corporation upon specified
terms and conditions.
  S  14.  Paragraph (b) of section 503 of the not-for-profit corporation
law, subparagraph 1 as amended by chapter 847 of the laws  of  1970,  is
amended to read as follows:
  (b)  Each  capital  certificate  shall when issued state upon the face
thereof:
  [(1) That the corporation is a Type .....  corporation  under  section
113 or section 402 of the New York Not-for-Profit Corporation Law.
  (2)] (1) The name of the member to whom issued.
  [(3)] (2) The amount of the member's capital contribution evidenced by
such certificate.
  [(4)]  (3)  If  appropriate,  [that the corporation is a Type A corpo-
ration, and] IN THE CASE OF A CORPORATION FORMED  FOR  THE  PURPOSES  OF
SUBPARAGRAPH  (1)  OF  PARAGRAPH (B) OF SECTION 201 (PURPOSES), that its
certificate of incorporation provides that the  capital  certificate  is
transferable to other members with the consent of the corporation.
  S  15.  Subparagraph 1 of paragraph (b) of section 505 of the not-for-
profit corporation law, as amended by chapter 847 of the laws  of  1970,
is  REPEALED, and subparagraphs 2, 3, 4, 5 and 6 are renumbered subpara-
graphs 1, 2, 3, 4, and 5.
  S 16. Subparagraph 3 of paragraph (a) of section 510 of  the  not-for-
profit  corporation  law, as amended by chapter 847 of the laws of 1970,
is amended to read as follows:
  (3) If the corporation is, or would be if formed under this  chapter[,
classified  as a Type B or Type C corporation under] FOR PURPOSES SPECI-
FIED IN SUBPARAGRAPH TWO OR THREE OF PARAGRAPH  (B)  OF  section  201[,]
(Purposes) [such]. A sale, lease, exchange or other disposition shall in
addition  require leave of the supreme court in the judicial district or
of the county court of the county  in  which  the  corporation  has  its
office  or principal place of carrying out the purposes for which it was
formed.
  S 17. Paragraph (a) of section 513 of the  not-for-profit  corporation
law,  as  amended by chapter 690 of the laws of 1978, is amended to read
as follows:
  (a) [A] UNLESS OTHERWISE PROVIDED BY LAW  OR  IN  THE  CERTIFICATE  OF
INCORPORATION, A corporation [which is, or would be if formed under this
chapter,  classified as a Type B corporation shall] MAY hold full owner-
ship rights in any assets consisting of funds or other real or  personal
property  of any kind, that may be given, granted, bequeathed or devised
to or otherwise vested in such corporation  in  trust  for,  or  with  a
direction to apply the same to, any purpose specified in its certificate
of  incorporation, and shall not be deemed a trustee of an express trust
of such assets, EXCEPT FOR CORPORATIONS FORMED FOR PURPOSES SPECIFIED IN
SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SECTION 201 (PURPOSES).  [Any other
corporation subject  to  this  chapter  may  similarly  hold  assets  so
received,  unless  otherwise  provided  by  law or in the certificate of
incorporation.]
  S 18. Paragraph (a) of section 601 of the  not-for-profit  corporation
law,  as amended by chapter 1058 of the laws of 1971, is amended to read
as follows:

S. 2608--B                         34                         A. 3008--B

  (a) A corporation [shall] MAY have one or more classes of members, or,
[in the case of a Type B corporation,] may have no  members[,  in  which
case  any  such  provision  for classes of members or for no members]. A
CORPORATION WHICH HAS ONE OR MORE CLASSES  OF  MEMBERS  shall  [be]  set
forth  in the certificate of incorporation or the by-laws PROVISIONS FOR
SUCH CLASSES OF MEMBERS.  Corporations, joint-stock associations,  unin-
corporated  associations  and  partnerships, as well as any other person
without limitation, may be members.
  S 19. Subparagraph 3 of paragraph (a) of section 803 of  the  not-for-
profit  corporation law, as added by chapter 168 of the laws of 1982, is
amended to read as follows:
  (3) That the corporation is a corporation as defined  in  subparagraph
(a)  (5)  of  section  102 (Definitions)[; the type of corporation it is
under  section  201  (Purposes);  and  if  the  corporate  purposes  are
enlarged, limited or otherwise changed, the type of corporation it shall
thereafter be under section 201].
  S  20.  Subparagraph  (ii) of paragraph (a) of section 804 of the not-
for-profit corporation law, as amended by chapter 139  of  the  laws  of
1993, is amended to read as follows:
  (ii)  Every  certificate  of amendment of a corporation [classified as
type B or type C under] FORMED FOR THE PURPOSES  SPECIFIED  IN  SUBPARA-
GRAPH  TWO  OR  THREE  OF  PARAGRAPH (B) OF section 201 (Purposes) which
seeks to change or eliminate a purpose or power enumerated in the corpo-
ration's certificate of incorporation, or to add a power or purpose  not
enumerated  therein,  shall have endorsed thereon or annexed thereto the
approval of a justice of the supreme court of the judicial  district  in
which the office of the corporation is located. Ten days' written notice
of the application for such approval shall be given to the attorney-gen-
eral.
  S  21.  Paragraphs  (a)  and  (c) of section 907 of the not-for-profit
corporation law are amended to read as follows:
  (a) [Where any constituent corporation or the consolidated corporation
is, or would be if formed under this chapter, a  Type  B  or  a  Type  C
corporation under section 201 (Purposes) of this chapter, no] NO certif-
icate  shall  be filed pursuant to section 904 (Certificate of merger or
consolidation; contents) or  section  906  BY  CORPORATIONS  (Merger  or
consolidation  of  domestic  and  foreign  corporations)  FORMED FOR THE
PURPOSES SPECIFIED IN SUBPARAGRAPH TWO OR  THREE  OF  PARAGRAPH  (B)  OF
SECTION  201  (PURPOSES)  until an order approving the plan of merger or
consolidation and authorizing the filing of  the  certificate  has  been
made by the supreme court, as provided in this section. A certified copy
of  such  order shall be annexed to the certificate of merger or consol-
idation. Application for the order may be made in the judicial  district
in  which  the  principal office of the surviving or consolidated corpo-
ration is to be located, or in which the office of one of  the  domestic
constituent  corporations  is  located. The application shall be made by
all the constituent corporations jointly and shall set forth by  affida-
vit  (1)  the plan of merger or consolidation, (2) the approval required
by section 903 (Approval of plan) or paragraph (b) of section 906 (Merg-
er or consolidation of  domestic  and  foreign  corporations)  for  each
constituent  corporation,  (3)  the  objects  and  purposes of each such
corporation to be promoted by the consolidation, (4) a statement of  all
property, and the manner in which it is held, and of all liabilities and
of the amount and sources of the annual income of each such corporation,
(5)  whether  any votes against adoption of the resolution approving the
plan of merger or consolidation were cast at the meeting  at  which  the

S. 2608--B                         35                         A. 3008--B

resolution  as  adopted  by  each constituent corporation, and (6) facts
showing that the consolidation is authorized by the laws of  the  juris-
dictions  under  which  each of the constituent corporations is incorpo-
rated.
  (c)  If  the  court  shall  find  that any of the assets of any of the
constituent corporations are held for [a] ANY purpose specified [as Type
B] in SUBPARAGRAPH  TWO  OR  THREE  OF  paragraph  (b)  of  section  201
(PURPOSES)  or are legally required to be used for a particular purpose,
but not upon a condition requiring return,  transfer  or  conveyance  by
reason of the merger or consolidation, the court may, in its discretion,
direct  that  such assets be transferred or conveyed to the surviving or
consolidated corporation subject to such purpose or use,  or  that  such
assets  be  transferred  or  conveyed  to  the surviving or consolidated
corporation or to one or more other domestic or foreign corporations  or
organizations  engaged  in  substantially  similar  activities,  upon an
express trust the terms of which shall be approved by the court.
  S 22. Paragraphs (a) and (f) of  section  908  of  the  not-for-profit
corporation law are amended to read as follows:
  (a)  One  or more domestic or foreign corporations [which is, or would
be if formed under this chapter, a type A or type  C  corporation  under
section 201 (Purposes)] may be merged or consolidated into a domestic or
foreign  corporation  which  is, or would be if formed under the laws of
this state, a corporation formed under the business corporation  law  of
this state if such merger or consolidation is not contrary to the law of
the  state of incorporation of any constituent corporation. With respect
to such merger or consolidation,  any  reference  in  paragraph  (b)  of
section  901  [of  this  article]  (POWER OF MERGER OR CONSOLIDATION) or
paragraph (b) of section 901 of the business corporation law to a corpo-
ration shall, unless the context otherwise requires, include both domes-
tic and foreign corporations.
  (f) [Where any constituent corporation is, or would be if formed under
this chapter, a Type C corporation under section 201 (Purposes), no]  NO
certificate  shall  be  filed  pursuant  to this section BY CORPORATIONS
FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO OR THREE OF  PARA-
GRAPH (B) OF SECTION 201 (PURPOSES) until an order approving the plan of
merger  or  consolidation  and authorizing the filing of the certificate
has been made by the supreme court, as provided in section 907 (Approval
by the supreme court).
  S 23. Paragraphs (b) and (c) and subparagraph 3 of  paragraph  (d)  of
section  1001 of the not-for-profit corporation law, as amended by chap-
ter 434 of the laws of 2006, are amended to read as follows:
  (b) If [the] A corporation [is a Type  B,  C  or  D  corporation  and]
FORMED  FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF
PARAGRAPH (B) OF SECTION 201 (PURPOSES) has no assets to distribute  and
no liabilities at the time of dissolution, the plan of dissolution shall
include a statement to that effect.
  (c)  If  [the]  A  corporation  [is  a Type B, C or D corporation and]
FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR  OF
PARAGRAPH  (B) OF 201 (PURPOSES) has no assets to distribute, other than
a reserve not to exceed twenty-five thousand dollars for the purpose  of
paying ordinary and necessary expenses of winding up its affairs includ-
ing  attorney  and accountant fees, and liabilities not in excess of ten
thousand dollars at the time of adoption of the plan of dissolution, the
plan of dissolution shall include a statement to that effect.
  (3) if there are assets received and held by the corporation  [either]
for  a  purpose  specified  [as  Type B] in SUBPARAGRAPH TWO OR THREE OF

S. 2608--B                         36                         A. 3008--B

paragraph (b) of section 201 (Purposes)  or  [which]  THAT  are  legally
required  to  be  used  for  a  particular purpose, a statement that the
assets owned by the corporation, subject to any  unpaid  liabilities  of
the corporation, shall be distributed as required by any gift instrument
or  to  a  charitable organization or organizations exempt from taxation
pursuant to federal and state laws and engaged  in  activities  substan-
tially similar to those of the dissolved corporation.  Each such recipi-
ent  organization  shall  be identified and the governing instrument and
amendments thereto of each of the proposed recipient organizations shall
be annexed to such statement, along with the financial reports  of  each
recipient  organization  for  the last three years and a sworn affidavit
from a director and officer of each recipient organization  stating  the
purposes  of  the  organization,  and  that  it is currently exempt from
federal income taxation.
  S 24. Paragraphs (a) and (d) of section  1002  of  the  not-for-profit
corporation  law,  as  amended  by  chapter 434 of the laws of 2006, are
amended to read as follows:
  (a) Upon adopting a plan of dissolution and  distribution  of  assets,
the  board  shall  submit  it to a vote of the members, if any, and such
plan shall be approved at a meeting of members  by  two-thirds  vote  as
provided  in  paragraph  (c) of section 613 (Vote of members); provided,
however, that if the corporation is [a  Type  B,  C  or  D  corporation]
FORMED  FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF
PARAGRAPH (B) OF SECTION 201 (PURPOSES), other than a corporation incor-
porated pursuant to article 15 (Public cemetery corporations), [and] has
no assets to distribute, other than a reserve not to exceed  twenty-five
thousand  dollars  for  the  purpose  of  paying  ordinary and necessary
expenses of winding up its affairs  including  attorney  and  accountant
fees,  and liabilities not in excess of ten thousand dollars at the time
of adoption of the plan of dissolution, the vote required by the  corpo-
ration's  board  of directors for adoption of the plan of dissolution of
such a corporation or by the corporation's members for the authorization
thereof shall be:
  (1) In the case of a vote by the board of directors: (i) the number of
directors required under the certificate of incorporation, by-laws, this
chapter and any other applicable law; or
  (ii) if the number of directors actually holding office as such at the
time of the vote to adopt the plan is less than the number  required  to
constitute a quorum of directors under the certificate of incorporation,
the  by-laws,  this  chapter  or any other applicable law, the remaining
directors unanimously;
  (2) In the case of a vote by the members, (i) the  number  of  members
required  under  the certificate of incorporation, by-laws, this chapter
and any other applicable law; or (ii) by the vote of members  authorized
by  an order of the supreme court pursuant to section 608 [of this chap-
ter] (QUORUM AT  MEETING  OF  MEMBERS)  permitting  the  corporation  to
dispense with the applicable quorum requirement.
  Notice of a special or regular meeting of the board of directors or of
the  members  entitled to vote on adoption and authorization or approval
of the plan of dissolution shall  be  sent  to  all  the  directors  and
members  of  record entitled to vote. Unless otherwise directed by order
of the supreme court pursuant to section 608 [of this  chapter]  (QUORUM
AT  MEETING  OF  MEMBERS),  the  notice shall be sent by certified mail,
return receipt requested, to the last known address of  record  of  each
director  and member not fewer than thirty, and not more than sixty days
before the date of each meeting provided,  however,  that  if  the  last

S. 2608--B                         37                         A. 3008--B

known  address  of  record  of  any director or member is not within the
United States, the notice to such director shall be sent  by  any  other
reasonable means.
  (d)  The  plan  of  dissolution  and distribution of assets shall have
annexed thereto the approval of a justice of the supreme  court  in  the
judicial  district  in which the office of the corporation is located in
the case of a [Type B, C or D]corporation FORMED FOR THE PURPOSES SPECI-
FIED IN SUBPARAGRAPH TWO, THREE OR FOUR OF PARAGRAPH (B) OF SECTION  201
(PURPOSES),  and in the case of any other corporation which holds assets
at the time of dissolution legally required to be used for a  particular
purpose,  except that no such approval shall be required with respect to
the plan of dissolution of  a  corporation,  other  than  a  corporation
incorporated  pursuant  to  article  15  (Public cemetery corporations),
which has no assets to distribute at the time of dissolution, other than
a reserve not to exceed twenty-five thousand dollars for the purpose  of
paying ordinary and necessary expenses of winding up its affairs includ-
ing  attorney  and accountant fees, and liabilities not in excess of ten
thousand dollars, and  which  has  complied  with  the  requirements  of
section  1001  (Plan of dissolution and distribution of assets) and this
section applicable to such a corporation.  Application  to  the  supreme
court for an order for such approval shall be by verified petition, with
the  plan of dissolution and distribution of assets and certified copies
of the consents prescribed by this section annexed thereto, and upon ten
days written notice to the attorney general  accompanied  by  copies  of
such  petition,  plan  and  consents.  In  such case where approval of a
justice of the supreme court is not required for a  [Type  B,  C  or  D]
corporation FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO, THREE
OR  FOUR OF PARAGRAPH (B) OF SECTION 201 (PURPOSES), a copy of such plan
certified under penalties of perjury shall be filed  with  the  attorney
general within ten days after its authorization.
  S  25.  Subparagraph  1 of paragraph (c) of section 1002-a of the not-
for-profit corporation law, as amended by chapter 434  of  the  laws  of
2006, is amended to read as follows:
  (1) assets received and held by the corporation [either] for a purpose
specified  [as  Type B] in SUBPARAGRAPH TWO OR THREE OF paragraph (b) of
section 201 (Purposes) or which are legally required to be  used  for  a
particular  purpose,  shall  be  distributed  to one or more domestic or
foreign  corporations  or  other  organizations  engaged  in  activities
substantially  similar to those of the dissolved corporation pursuant to
the plan of dissolution and distribution or, if applicable,  as  ordered
by  the court to which such plan is submitted for approval under section
1002 (Authorization of plan). Any disposition of assets contained  in  a
will  or  other  instrument, in trust or otherwise, made before or after
the dissolution, to or for the benefit of any corporation  so  dissolved
shall  inure  to  or  for the benefit of the corporation or organization
acquiring such assets of the dissolved corporation as provided  in  this
section,  and so far as is necessary for that purpose the corporation or
organization acquiring such disposition shall be deemed a  successor  to
the  dissolved corporation with respect to such assets; provided, howev-
er, that such disposition shall be devoted by the acquiring  corporation
or organization to the purposes intended by the testator, donor or gran-
tor.
  S  26. Subparagraph 4 of paragraph (a) of section 1003 of the not-for-
profit corporation law is REPEALED and subparagraphs 5, 6, 7 and  8  are
renumbered subparagraphs 4, 5, 6 and 7.

S. 2608--B                         38                         A. 3008--B

  S  27. Subparagraph 2 of paragraph (b) of section 1003 of the not-for-
profit corporation law, as amended by chapter 434 of the laws  of  2006,
is amended to read as follows:
  (2)  By  the attorney general in the case of a [Type B, C or D] corpo-
ration FORMED FOR THE PURPOSES SPECIFIED IN SUBPARAGRAPH TWO,  THREE  OR
FOUR  OF  PARAGRAPH  (B)  OF SECTION 201 (PURPOSES), or any other corpo-
ration that holds assets at the time of dissolution legally required  to
be used for a particular purpose.
  S 28. Subparagraph 15 of paragraph (a) of section 1008 of the not-for-
profit  corporation  law, as amended by chapter 434 of the laws of 2006,
is amended to read as follows:
  (15) Where assets were received and held by the corporation either for
a purpose specified [as Type B] in SUBPARAGRAPH TWO OR  THREE  OF  para-
graph (b) of section 201 (Purposes), or were legally required to be used
for a particular purpose, the distribution of such assets to one or more
domestic  or  foreign  corporations  or  other  organizations engaged in
activities substantially similar to those of the dissolved  corporation,
on notice to the attorney general and to such other persons, and in such
manner, as the court may deem proper.
  S  29. Subparagraph 6 of paragraph (a) of section 1012 of the not-for-
profit corporation law is REPEALED.
  S 30. Section 1302 of the not-for-profit corporation law,  as  amended
by chapter 847 of the laws of 1970, is amended to read as follows:
S 1302. Application to existing authorized foreign corporations.
  Every  foreign corporation which on the effective date of this chapter
is authorized to conduct activities in this state under a certificate of
authority heretofore issued to  it  by  the  secretary  of  state  shall
continue to have such authority.  Such foreign corporation, its members,
directors,  and  officers  shall  have  the same rights, franchises, and
privileges and shall be subject to the same  limitations,  restrictions,
liabilities,  and  penalties  as  a foreign corporation authorized under
this chapter, its members, directors,  and  officers  respectively.    A
foreign  corporation  [may  by amendment to its certificate of authority
set forth the type of corporation it is under  section  201  (Purposes);
and  in  the absence of such amendment an authorized foreign corporation
shall be a Type B corporation] SHALL BE SUBJECT TO PROVISIONS  GOVERNING
CORPORATIONS  FORMED  UNDER SUBPARAGRAPH TWO OF PARAGRAPH (B) OF SECTION
201 (PURPOSES), UNLESS OTHERWISE REQUIRED BY LAW.    Reference  in  this
chapter to an application for authority shall, unless the context other-
wise  requires,  include the statement and designation and any amendment
thereof required to be filed by the secretary of state under prior stat-
utes to obtain a certificate of authority.
  S 31. Subparagraph 4 of paragraph (a) of section 1304 of the  not-for-
profit  corporation  law,  as amended by chapter 847 of the laws of 1970
and as renumbered by chapter 590 of the laws of 1982, is amended to read
as follows:
  (4) That the corporation  is  a  foreign  corporation  as  defined  in
subparagraph  (a)  (7) of section 102 (Definitions); [the type of corpo-
ration it shall be under section 201 (Purposes);]  a  statement  of  its
purposes  to  be  pursued  in  this state and of the activities which it
proposes to conduct in this state; a statement that it is authorized  to
conduct  those  activities in the jurisdiction of its incorporation; and
in the case of a [Type C] corporation FORMED FOR THE PURPOSES  SPECIFIED
IN  SUBPARAGRAPH  THREE  OF PARAGRAPH (B) OF SECTION 201 (PURPOSES), the
lawful public or quasi-public objective which each business purpose will
achieve.

S. 2608--B                         39                         A. 3008--B

  S 32. Paragraph (a) of section 1321 of the not-for-profit  corporation
law,  subparagraphs  1, 2 and 3 as amended by chapter 847 of the laws of
1970, are amended to read as follows:
  (a)    Notwithstanding  any other provision of this chapter, a foreign
corporation conducting activities in  this  state  which  is  authorized
under this article, its directors, officers and members, shall be exempt
from  the  provisions  of  paragraph  (e)  of section 1317 (Voting trust
records), subparagraph (a) (1) of section 1318 (Liabilities of directors
and officers of foreign  corporations),  and  subparagraph  (a)  (2)  of
section  1320 (Applicability of other provisions) if when such provision
would otherwise apply[:
  (1) The corporation is a Type A corporation under this  chapter;  its]
THE CORPORATION'S principal activities are conducted outside this state;
the  greater part of its property is located outside this state; and (1)
less than one third of its members are residents of this state; or
  (2)  [The corporation is a Type B corporation under this chapter;  its
principal  activities are conducted outside this state; the greater part
of its property is located outside this state; and] less  than  ten  per
cent of its annual revenues is derived from solicitation of funds within
this state; or
  (3)   [The corporation is a Type C corporation under this chapter; its
principal activities are conducted outside this state; the greater  part
of  its  property is located outside this state; and] less than one half
of its revenues for the preceding three fiscal years,  or  such  portion
thereof  as  the  foreign corporation was in existence, was derived from
sources within this state.
  S 33.  Paragraph (d) of section 1401 of the not-for-profit corporation
law is REPEALED and paragraph (e) is relettered paragraph (d).
  S 34. Paragraph (b) of section 1402 of the not-for-profit  corporation
law  is REPEALED and paragraphs (c), (d), (e), (f), (g), (h) and (i) are
relettered paragraphs (b), (c), (d), (e), (f), (g) and (h).
  S 35. Paragraph (c) of section 1403 of the not-for-profit  corporation
law is REPEALED.
  S  36. Paragraph (b) of section 1404 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d) and  (e)  are  relettered  para-
graphs (b), (c) and (d).
  S  37. Paragraph (b) of section 1405 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d),  (e)  and  (f)  are  relettered
paragraphs (b), (c) (d) and (e).
  S  38. Paragraph (b) of section 1406 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d),  (e)  and  (f)  are  relettered
paragraphs (b), (c), (d) and (e).
  S  39. Paragraph (b) of section 1407 of the not-for-profit corporation
law is REPEALED and paragraphs (c) and (d) are relettered paragraphs (b)
and (c).
  S 40. Paragraph (b) of section 1408 of the not-for-profit  corporation
law is REPEALED and paragraph (c) is relettered paragraph (b).
  S  41. Paragraph (b) of section 1409 of the not-for-profit corporation
law is REPEALED and paragraphs (c), (d), (e), (f), (g),  (h),  (i),  (j)
and (k) are relettered paragraphs (b), (c), (d), (e), (f), (g), (h), (i)
and (j).
  S  42. Paragraph (b) of section 1410 of the not-for-profit corporation
law is REPEALED and paragraph (c) is relettered paragraph (b).
  S 43. Paragraph (b) of section 1411 of the not-for-profit  corporation
law  is REPEALED and paragraphs (c), (d), (e), (f), (g), (h) and (i) are
relettered paragraphs (b), (c), (d), (e), (f), (g) and (h).

S. 2608--B                         40                         A. 3008--B

  S 44. Paragraph (d) of section 1412 of the not-for-profit  corporation
law  is  REPEALED  and  paragraphs (e), (f) and (g) are relettered para-
graphs (d), (e) and (f), respectively.
  S  45. Paragraph (c) of section 1505 of the not-for-profit corporation
law is REPEALED and paragraph (d) is relettered paragraph (c).
  S 46. Subdivision 2 of section 2-b of the religious  corporations  law
is  REPEALED  and subdivisions 3 and 4 are renumbered subdivisions 2 and
3.
  S 47. This act shall take effect on the sixtieth day  after  it  shall
have become a law.

                                SUBPART B

  Section  1.  Paragraph  (e) of section 104 of the business corporation
law, as amended by chapter 832 of the laws of 1982, is amended  to  read
as follows:
  (e) If an instrument which is delivered to the department of state for
filing  complies  as  to  form  with  the  requirements of law and WHERE
REQUIRED BY STATUTE there  has  been  attached  to  it  the  consent  or
approval  of  the  state  official, [department, board,] agency or other
body, if any, whose consent to or approval of  such  instrument  or  the
filing  thereof  is required by any statute of this state and the filing
fee and tax, if any, required by any statute of this state in connection
therewith have been paid, the instrument shall be filed and  indexed  by
the  department of state. No certificate of authentication or conformity
or other proof shall be required with respect to any verification,  oath
or acknowledgment of any instrument delivered to the department of state
under  this  chapter,  if  such  verification,  oath  or  acknowledgment
purports to have been made before a notary public, or person  performing
the equivalent function, of one of the states, or any subdivision there-
of,  of  the United States or the District of Columbia. Without limiting
the effect of section four hundred three of  this  chapter,  filing  and
indexing by the department of state shall not be deemed a finding that a
certificate  conforms  to  law,  nor shall it be deemed to constitute an
approval by the department of state of the name of  the  corporation  or
the  contents  of the certificate, nor shall it be deemed to prevent any
person with appropriate standing from contesting the legality thereof in
an appropriate forum. UPON THE WRITTEN NOTIFICATION TO THE DEPARTMENT OF
STATE BY ANY STATE OFFICIAL, DEPARTMENT, BOARD,  AGENCY  OR  OTHER  BODY
THAT A DOMESTIC CORPORATION OR FOREIGN AUTHORIZED CORPORATION HAS FAILED
TO  OBTAIN  THE  CONSENT OR APPROVAL OF SUCH STATE OFFICIAL, DEPARTMENT,
BOARD, AGENCY OR OTHER BODY  FOR  ANY  CERTIFICATE  OR  INSTRUMENT,  THE
CORPORATION'S  AUTHORITY  TO  CARRY  ON, CONDUCT OR TRANSACT BUSINESS IN
THIS STATE SHALL BE SUSPENDED. SUCH SUSPENSION SHALL  BE  ANNULLED  UPON
THE  FILING  OF  A CERTIFICATE OF AMENDMENT WITH THE REQUIRED CONSENT OR
APPROVAL ANNEXED THERETO.
  S 2. Paragraphs (b) and (e) of section 201 of the business corporation
law, paragraph (b) as amended by chapter 182 of the laws  of  1981,  and
paragraph  (e)  as  amended by section 71 of part A of chapter 58 of the
laws of 2010, are amended to read as follows:
  (b) [The] CERTIFICATION THAT  approval  of  the  industrial  board  of
appeals HAS BEEN OBTAINED is required for the filing with the department
of  state  of any certificate of incorporation, certificate of merger or
consolidation or application of a foreign corporation for  authority  to
do  business  in  this  state  which states as the purpose or one of the
purposes of the corporation the formation of an organization  of  groups

S. 2608--B                         41                         A. 3008--B

of  working  men or women or wage earners, or the performance, rendition
or sale of services as labor consultant or as advisor  on  labor-manage-
ment  relations  or  as  arbitrator  or  negotiator  in labor-management
disputes.
  (e) A corporation may not include as its purpose or among its purposes
the  establishment  or  maintenance  of a hospital or facility providing
health related services, as those terms are defined in  article  twenty-
eight  of  the public health law unless its certificate of incorporation
shall so state and such certificate [shall  have  annexed  thereto  the]
INCLUDES  A  CERTIFICATION THAT approval of the public health and health
planning council OF SUCH PURPOSE HAS BEEN OBTAINED.
  S 3. Clause (B) of subparagraph 5 of paragraph (a) of section  301  of
the  business  corporation law, as amended by chapter 155 of the laws of
2012, is amended to read as follows:
  (B) Shall not contain any of the following words, or any  abbreviation
or derivative thereof:
   acceptance             endowment           loan
   annuity                fidelity            mortgage
   assurance              finance             savings
   bank                   guaranty            surety
   benefit                indemnity           title
   bond                   insurance           trust
   casualty               investment          underwriter
   doctor                 lawyer
unless  the  [approval  of  the  superintendent of financial services is
attached to  the]  certificate  of  incorporation,  or  application  for
authority or amendment thereof INCLUDES A CERTIFICATION THAT APPROVAL OF
THE  SUPERINTENDENT  OF  FINANCIAL SERVICES HAS BEEN OBTAINED; or [that]
UNLESS the word "doctor" or "lawyer" or an  abbreviation  or  derivation
thereof is used in the name of a university faculty practice corporation
formed pursuant to section fourteen hundred twelve of the not-for-profit
corporation law or a professional service corporation formed pursuant to
article  fifteen  of  this  chapter,  or  a foreign professional service
corporation authorized to do business in this state pursuant to  article
fifteen-A  of  this  chapter,  the  members or shareholders of which are
composed exclusively of doctors or lawyers, respectively, or are used in
a context which clearly denotes a purpose other than the practice of law
or medicine.
  S 4. Subparagraphs 6, 7 and 11 of paragraph (a) of section 301 of  the
business  corporation  law,  subparagraph 7 as amended by chapter 555 of
the laws of 1978 and subparagraph 11 as added by chapter 316 of the laws
of 2005, are amended to read as follows:
  (6) Shall not, unless [the approval of the state  board  of  standards
and  appeals is attached to] the certificate of incorporation, or appli-
cation for authority or amendment thereof INCLUDES A CERTIFICATION  THAT
THE  APPROVAL  OF  THE  STATE  BOARD  OF  STANDARDS AND APPEALS HAS BEEN
OBTAINED, contain any of the following words or phrases, or any abbrevi-
ation or derivative thereof:  union, labor, council,  industrial  organ-
ization,  in  a  context  which  indicates  or implies that the domestic
corporation is formed or the foreign corporation authorized as an organ-
ization of working men or women or wage earners or for the  performance,
rendition or sale of services as labor or management consultant, adviser
or  specialist,  or  as  negotiator  or  arbitrator  in labor-management
disputes.
  (7) Shall not, unless [the approval of the state department of  social
services  is  attached to] the certificate of incorporation, or applica-

S. 2608--B                         42                         A. 3008--B

tion for authority or amendment thereof INCLUDES  A  CERTIFICATION  THAT
THE  APPROVAL  OF  THE  STATE  DEPARTMENT  OF  SOCIAL  SERVICES HAS BEEN
OBTAINED, contain the word "blind" or "handicapped". Such approval shall
be granted by the state department of social services, if in its opinion
the word "blind" or "handicapped" as used in the corporate name proposed
will  not  tend to mislead or confuse the public into believing that the
corporation is organized for charitable or non-profit  purposes  related
to the blind or the handicapped.
  (11)  Shall  not, unless [the consent of the commissioner of education
is endorsed on or annexed to] the certificate of incorporation  INCLUDES
A  CERTIFICATION  THAT  THE CONSENT OF THE COMMISSIONER OF EDUCATION HAS
BEEN OBTAINED, contain the words  "school;"  "education;"  "elementary;"
"secondary;"  "kindergarten;"  "prekindergarten;"  "preschool;" "nursery
school;"  "museum;"  "history;"  "historical;"   "historical   society;"
"arboretum;" "library;" "college;" "university" or other term restricted
by section two hundred twenty-four of the education law; "conservatory,"
"academy,"  or  "institute,"  or  any abbreviation or derivative of such
terms. Such consent shall not be granted by the commissioner  of  educa-
tion,  if  in  the  commissioner's opinion, the use of such terms in the
corporate name is likely to mislead or confuse the public into believing
that the corporation is organized for non-profit educational purposes or
for educational business purposes that are not specified in  the  corpo-
rate purposes and powers contained in its certificate of incorporation.
  S  5. Section 406 of the business corporation law, as amended by chap-
ter 558 of the laws of 1999, is amended to read as follows:
S 406. Filing of a certificate of incorporation; facility for alcoholism
         or alcohol abuse, substance  abuse,  substance  dependence,  or
         chemical abuse or dependence.
  Every  certificate of incorporation which includes among its corporate
purposes the establishment or operation of a  program  of  services  for
alcoholism  or  alcohol abuse, substance abuse, substance dependence, or
chemical abuse or dependence shall [have  endorsed  thereon  or  annexed
thereto]  INCLUDE  A CERTIFICATION THAT the approval of the commissioner
of the state office of alcoholism and substance abuse  services  OF  THE
PURPOSES HAS BEEN OBTAINED.
  S  6.  Paragraph (a) of section 806 of the business corporation law is
amended to read as follows:
  (a) The department of state shall not file a certificate of  amendment
reviving the existence of a corporation unless THE CERTIFICATE OF AMEND-
MENT  INCLUDES A CERTIFICATION THAT the consent of the state tax commis-
sion to the revival [is delivered to the department] HAS BEEN  OBTAINED.
If  the  name  of  the  corporation being revived is not available under
section 301 (Corporate name; general) for  use  by  a  corporation  then
being  formed  under  this  chapter,  the certificate of amendment shall
change the name to one which is available for such use.
  S 7. Paragraph (a) of section 1003 of the business corporation law  is
amended by adding two new subparagraphs 6 and 7 to read as follows:
  (6)  A  CERTIFICATION  THAT  CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE DISSOLUTION HAS BEEN OBTAINED.
  (7) WITH RESPECT TO ANY CORPORATION THAT HAS DONE BUSINESS IN THE CITY
OF NEW YORK AND INCURRED LIABILITY FOR ANY TAX OR CHARGE  UNDER  CHAPTER
SIX,  SEVEN, EIGHT, TEN, ELEVEN, TWELVE, THIRTEEN, FOURTEEN, TWENTY-ONE,
TWENTY-FOUR, TWENTY-FIVE OR TWENTY-SEVEN OF TITLE ELEVEN OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK, A CERTIFICATION  THAT  CONSENT  OF
THE  COMMISSIONER  OF FINANCE OF THE CITY OF NEW YORK TO THE DISSOLUTION
HAS BEEN OBTAINED.

S. 2608--B                         43                         A. 3008--B

  S 8. Paragraph (a) of section 1004 of the business corporation law, as
amended by chapter 201 of the laws  of  2009,  is  amended  to  read  as
follows:
  (a) [The department shall not file such certificate unless the consent
of  the  state  department of taxation and finance to the dissolution is
attached thereto.] Upon [such] filing SUCH CERTIFICATE, the  corporation
is dissolved.
  S  9. Paragraph (b) of section 1004 of the business corporation law is
REPEALED.
  S 10. Subparagraph 8 of paragraph (a) of section 1304 of the  business
corporation  law,  as  amended by chapter 684 of the laws of 1963 and as
renumbered by chapter 590 of the laws of 1982, is  amended  to  read  as
follows:
  (8)  A statement that the foreign corporation has not since its incor-
poration or since the date its authority to do business  in  this  state
was  last  surrendered, engaged in any activity in this state, except as
set forth in paragraph (b) of section  1301  (Authorization  of  foreign
corporations),  or  in  lieu thereof A CERTIFICATION THAT the consent of
the state tax commission  to  the  filing  of  the  application[,  which
consent shall be attached thereto] HAS BEEN OBTAINED.
  S 11. Paragraph (a) of section 1310 of the business corporation law is
amended by adding a new subparagraph 7 to read as follows:
  (7)  A  CERTIFICATION  THAT  CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE SURRENDER OF AUTHORITY HAS BEEN OBTAINED.
  S 12. Paragraph (b) of section 1310 of the business corporation law is
REPEALED, and paragraphs (c) and (d) are relettered (b) and (c).
  S 13. Section 216 of the education law, as amended by chapter  901  of
the  laws  of 1972, and the closing paragraph as added by chapter 316 of
the laws of 2005, is amended to read as follows:
  S 216. Charters. Under such name, with  such  number  of  trustees  or
other managers, and with such powers, privileges and duties, and subject
to  such limitations and restrictions in all respects as the regents may
prescribe in conformity to law, they may, by an instrument  under  their
seal  and recorded in their office, incorporate any university, college,
academy, library, museum, or other institution or  association  for  the
promotion  of  science,  literature, art, history or other department of
knowledge, or  of  education  in  any  way,  associations  of  teachers,
students,  graduates of educational institutions, and other associations
whose approved purposes are, in whole or  in  part,  of  educational  or
cultural  value  deemed  worthy  of recognition and encouragement by the
university. No institution or association which might be incorporated by
the regents under this chapter shall, without their consent, be incorpo-
rated under any other general law. An institution or  association  which
might  be  incorporated  by the regents under this chapter may, with the
consent of the commissioner of education, be formed under  the  business
corporation  law  or  pursuant  to the not-for-profit corporation law if
[such consent of the commissioner  of  education  is  attached  to]  its
certificate  of  incorporation  INCLUDES A CERTIFICATION THAT CONSENT OF
THE COMMISSIONER OF EDUCATION TO THE INCORPORATION OF  SUCH  INSTITUTION
OR  ASSOCIATION HAS BEEN OBTAINED.  No individual, association, partner-
ship, company or corporation not authorized by special charter from  the
legislature  of  this  state or by charter from the regents to operate a
museum, or arboretum shall knowingly use, advertise or transact business
under the names "museum," or "arboretum," or any name, title or descrip-
tive material indicating or tending to imply that said individual, asso-
ciation, partnership, company or corporation conducts, carries on, or is

S. 2608--B                         44                         A. 3008--B

such a business when it is not, or that it is authorized to  operate  as
such,  unless  the right to do so has been granted by the regents or the
commissioner in writing. Any violation of  this  paragraph  shall  be  a
misdemeanor.  Notwithstanding  any  other  provision of this section, an
individual, association, partnership, company or corporation doing busi-
ness under any of such names on the effective date of this paragraph may
come into compliance with this paragraph by  obtaining  consent  of  the
regents or the commissioner within one year of such effective date.
  S  14.  Paragraph  (c)  of subdivision 2 of section 130 of the general
business law, as amended by chapter 316 of the laws of 2005, is  amended
to read as follows:
  (c)  No  corporation, limited partnership or limited liability company
shall use or file a certificate for the use of any name  or  designation
to carry on or conduct or transact business in this state which consists
of  or  includes  a  word  or  words  the  use of which is prohibited or
restricted by subparagraphs three through eleven  of  paragraph  (a)  of
section  three  hundred  one of the business corporation law or subpara-
graphs three through nine of paragraph (a) of section three hundred  one
and  paragraph  (w)  of  section four hundred four of the not-for-profit
corporation law, or  paragraph  three  of  subdivision  (a)  of  section
121-102  of  the  partnership  law,  or  subdivisions (d) through (i) of
section two hundred four of the limited liability company  law,  respec-
tively,  [without having obtained any necessary] UNLESS SUCH CERTIFICATE
INCLUDES A CERTIFICATION THAT SUCH consents  or  approvals  which  would
permit  the  use  of  the  word  or words pursuant to such laws HAS BEEN
OBTAINED, OR WHERE REQUIRED BY STATUTE, SUCH CERTIFICATE HAS CONSENTS OR
APPROVALS ENDORSED THEREON OR ARE ANNEXED THERETO.
  S 15. Subdivision 11 of section 130 of the general  business  law,  as
added by chapter 316 of the laws of 2005, is amended to read as follows:
  11.  Notwithstanding any other provision of this section, an education
corporation may not file a  certificate  under  this  section  with  the
secretary  of  state,  unless  SUCH CERTIFICATE INCLUDES A CERTIFICATION
THAT the consent of the board of regents  [is  endorsed  on  or  annexed
thereto]  HAS  BEEN OBTAINED.  Nothing in this subdivision shall invali-
date a certificate lawfully filed by an education  corporation  pursuant
to this section prior to the effective date of this subdivision.
  S  16. Subdivision (f) of section 204 of the limited liability company
law, as amended by chapter 155 of the laws of 2012, is amended  to  read
as follows:
  (f) shall not contain the following words, or any abbreviation
or derivative thereof:
            acceptance                    guaranty
            annuity                       indemnity
            assurance                     insurance
            attorney                      investment
            bank                          lawyer
            benefit                       loan
            bond                          mortgage
            casualty                      savings
            doctor                        surety
            endowment                     title
            fidelity                      trust
            finance                       underwriter
unless  the  [approval  of  the  superintendent of financial services is
attached to the] articles of organization INCLUDE A  CERTIFICATION  THAT
APPROVAL  OF  THE SUPERINTENDENT OF FINANCIAL SERVICES HAS BEEN OBTAINED

S. 2608--B                         45                         A. 3008--B

or unless the word "doctor" or "lawyer" or an abbreviation or derivative
thereof is used in a context that clearly denotes a purpose  other  than
the practice of law or medicine;
  S 17. Subdivisions (g) and (i) of section 204 of the limited liability
company  law,  subdivision  (i)  as  added by chapter 316 of the laws of
2005, are amended to read as follows:
  (g) shall not, unless [the approval of the state department of  social
services is attached to] the articles of organization or application for
authority INCLUDE A CERTIFICATION THAT THE APPROVAL OF THE STATE DEPART-
MENT  OF  SOCIAL SERVICES HAS BEEN OBTAINED, contain the word "blind" or
"handicapped." Such approval shall be granted by the state department of
social services if in its opinion the word "blind" or  "handicapped"  as
used  in  the limited liability company's proposed name will not tend to
mislead or confuse the public into believing that the limited  liability
company is organized for charitable or nonprofit purposes related to the
blind or the handicapped; and
  (i)  shall not, UNLESS THE ARTICLES OF ORGANIZATION OR APPLICATION FOR
AUTHORITY INCLUDE A CERTIFICATION THAT THE CONSENT OF  THE  COMMISSIONER
OF  EDUCATION  HAS BEEN OBTAINED, contain the following terms: "school,"
"education," "elementary," "secondary,"  "kindergarten,"  "prekindergar-
ten,"  "preschool," "nursery school," "museum," "history," "historical,"
"historical society," "arboretum," "library," "college," "university" or
other term restricted by section two hundred twenty-four of  the  educa-
tion  law; "conservatory," "academy," or "institute" or any abbreviation
or derivative of such terms[, shall have  endorsed  thereon  or  annexed
thereto the consent of the commissioner of education].
  S  18.  Section 209 of the limited liability company law is amended to
read as follows:
  S 209. Filing with the department  of  state.  A  signed  articles  of
organization  and  any  signed certificate of amendment or other certif-
icates filed pursuant to this chapter  or  of  any  judicial  decree  of
amendment or cancellation shall be delivered to the department of state.
If  the  instrument  that  is  delivered  to the department of state for
filing complies as to form with the requirements of law and  the  filing
fee  required  by  any statute of this state in connection therewith has
been paid, the instrument shall be filed and indexed by  the  department
of  state.  The  department  of  state shall not review such articles or
certificates for legal sufficiency;  its  review  shall  be  limited  to
determining that the form has been completed. UPON THE WRITTEN NOTIFICA-
TION  TO  THE  DEPARTMENT  OF  STATE  BY ANY STATE OFFICIAL, DEPARTMENT,
BOARD, AGENCY OR OTHER BODY THAT A DOMESTIC LIMITED LIABILITY COMPANY OR
FOREIGN AUTHORIZED LIMITED LIABILITY COMPANY HAS FAILED  TO  OBTAIN  THE
CONSENT OR APPROVAL OF SUCH STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY OR
OTHER  BODY  FOR  ANY  CERTIFICATE  OR INSTRUMENT, THE LIMITED LIABILITY
COMPANY'S AUTHORITY TO CARRY ON, CONDUCT OR TRANSACT  BUSINESS  IN  THIS
STATE  SHALL  BE  SUSPENDED.  SUCH SUSPENSION SHALL BE ANNULLED UPON THE
FILING OF A CERTIFICATE  OF  AMENDMENT  WITH  THE  REQUIRED  CONSENT  OR
APPROVAL ANNEXED THERETO.
  S  19. Clause (B) of subparagraph 5 of paragraph (a) of section 301 of
the not-for-profit corporation law, as amended by  chapter  155  of  the
laws of 2012, is amended to read as follows:
  (B)  Shall not contain any of the following words, or any abbreviation
or derivative thereof:

acceptance             fidelity               mortgage

S. 2608--B                         46                         A. 3008--B

annuity                finance                savings

assurance              guaranty               surety

bank                   indemnity              title

bond                   insurance              trust

casualty               investment             underwriter

doctor                 lawyer

endowment              loan

unless  [the  approval  of  the  superintendent of financial services is
attached to]  the  certificate  of  incorporation,  or  application  for
authority  or  amendment  thereof[;]  INCLUDES  A CERTIFICATION THAT THE
APPROVAL OF THE SUPERINTENDENT OF FINANCIAL SERVICES HAS BEEN  OBTAINED,
or  [that]  UNLESS  the word "doctor", OR "lawyer", or the phrase "state
police" or "state trooper" or an  abbreviation  or  derivation  thereof,
[may  be]  IS  used  ONLY in the name of a corporation the membership of
which is composed exclusively of doctors, lawyers,  state  policemen  or
state troopers, respectively.
  S 20. Section 404 of the not-for-profit corporation law, as amended by
chapter  139  of the laws of 1993, paragraph (b) as amended by section 4
of part D of chapter 58 of the laws of 2006, paragraphs (c), (k) and (l)
as further amended by section 104 of part A of chapter 62 of the laws of
2011, paragraphs (a), (c), (d), (e), (f), (g), (h), (i), (j), (k),  (l),
(m), (n) and (r) as relettered by chapter 431 of the laws of 1993, para-
graph  (g)  as  separately  amended  by chapter 201 of the laws of 1993,
paragraphs (o), (p) and (t) as amended by section 79 of part A of  chap-
ter  58  of the laws of 2010, paragraph (q) as amended by chapter 198 of
the laws of 2010, paragraph (u) as amended by chapter 558 of the laws of
1999, paragraph (v) as added by chapter 598 of the laws of 2000  and  as
further  amended  by  section 104 of part A of chapter 62 of the laws of
2011, paragraph (w) as amended by chapter 316 of the laws  of  2005,  is
amended to read as follows:
S 404. Approvals and consents.
  (a)  Every  certificate  of  incorporation  which  includes  among its
purposes the formation of a trade or  business  association  shall  have
endorsed thereon or annexed thereto the consent of the attorney-general.
  (b)  (1)  Every  certificate of incorporation which includes among its
purposes the care of  destitute,  delinquent,  abandoned,  neglected  or
dependent  children;  the  establishment  or operation of any adult care
facility, or the establishment or operation of a residential program for
victims of domestic violence as defined in subdivision four  of  section
four hundred fifty-nine-a of the social services law, or the placing-out
or  boarding-out of children or a home or shelter for unmarried mothers,
excepting the establishment or maintenance of  a  hospital  or  facility
providing  health-related services as those terms are defined in article
twenty-eight of the public health law and a facility for which an  oper-
ating  certificate is required by articles sixteen, nineteen, twenty-two
and thirty-one of  the  mental  hygiene  law;  or  the  solicitation  of
contributions  for  any  such  purpose or purposes, shall [have endorsed
thereon or annexed thereto] INCLUDE A CERTIFICATION THAT the approval of
the commissioner of the office of children and family services, or  with

S. 2608--B                         47                         A. 3008--B

respect  to any adult care facility, the commissioner of health, OF SUCH
PURPOSE HAS BEEN OBTAINED.
  (2)  A  corporation  whose statement of purposes specifically includes
the establishment or operation of a child day care center, as that  term
is  defined  in section three hundred ninety of the social services law,
shall provide a certified copy of the certificate of incorporation, each
amendment thereto, and  any  certificate  of  merger,  consolidation  or
dissolution  involving  such  corporation  to the office of children and
family services within thirty days after the filing of such certificate,
amendment, merger, consolidation or dissolution with the  department  of
state.  This  requirement  shall  also  apply to any foreign corporation
filing an application for authority under section thirteen hundred  four
of  this chapter, any amendments thereto, and any surrender of authority
or termination of authority in this state of such corporation.
  (c) Every  certificate  of  incorporation  which  includes  among  the
purposes  of  the corporation, the establishment, maintenance and opera-
tion of a hospital service or a health  service  or  a  medical  expense
indemnity  plan or a dental expense indemnity plan as permitted in arti-
cle forty-three of the insurance law, shall [have  endorsed  thereon  or
annexed thereto] INCLUDE A CERTIFICATION THAT the approval of the super-
intendent  of  financial services and the commissioner of health OF SUCH
PURPOSE HAS BEEN OBTAINED.
  (d) Every certificate of incorporation which includes  a  purpose  for
which  a corporation might be chartered by the regents of the university
of the State of New York shall [have endorsed thereon or annexed  there-
to]  INCLUDE  A  CERTIFICATION  THAT  the consent of the commissioner of
education TO SUCH PURPOSE HAS BEEN OBTAINED.
  (e) Every certificate of  incorporation  of  a  cemetery  corporation,
except  those  within the exclusionary provisions of section 1503 (Ceme-
tery corporations) shall [have  endorsed  thereon  or  annexed  thereto]
INCLUDE  A CERTIFICATION THAT the approval of the cemetery board OF SUCH
PURPOSE HAS BEEN OBTAINED.
  (f) Every certificate of incorporation of  a  fire  corporation  shall
[have  endorsed thereon or annexed thereto] INCLUDE A CERTIFICATION THAT
the approval, signed and acknowledged, of the authorities of each  city,
village, town or fire district in which the corporation proposes to act,
OF SUCH PURPOSE HAS BEEN OBTAINED. Such authorities shall be: in a city,
the mayor; in a village, a majority of the trustees; in a town, a major-
ity  of the members of the town board; in a fire district, a majority of
the fire commissioners. The members of the town board of a town, or  the
trustees  of  a  village,  shall  not consent to the formation of a fire
corporation as hereinbefore provided, until such board shall have held a
public hearing on the question of whether the  fire  company  should  be
incorporated.  The  notice shall be published at least once in each week
for two successive weeks in the  official  newspaper  published  in  the
county  in  which  such fire corporation intends to locate, prior to the
regular meeting of such board designated by the chairman of the board to
consider the matter. Such notice shall contain the name of the  proposed
company,  the  names  of the persons signing the certificate of incorpo-
ration, a brief description of the territory to be protected by the fire
company and that all persons interested shall be heard. If no  newspaper
is  published  in the county the publication of the notice shall be in a
newspaper in an adjoining county selected by the chairman of such board.
All expenses in connection with such publication shall be borne  by  the
parties making the application and paid before the hearing.

S. 2608--B                         48                         A. 3008--B

  (g) Every certificate of incorporation of a corporation for prevention
of  cruelty  to animals shall [have endorsed thereon or annexed thereto]
INCLUDE A CERTIFICATION THAT the approval of the  American  Society  for
the  Prevention of Cruelty to Animals OF SUCH PURPOSE HAS BEEN OBTAINED,
or, if such approval be withheld thirty days after application therefor,
a  certified  copy  of an order of a justice of the supreme court of the
judicial district in which the  office  of  the  corporation  is  to  be
located,  dispensing with such approval, granted upon eight days' notice
to such society.
  (h) Every certificate of incorporation  of  a  Young  Men's  Christian
Association  shall  [have endorsed thereon or annexed thereto] INCLUDE A
CERTIFICATION THAT the approval of the chairman of the national board of
Young Men's Christian Associations OF SUCH PURPOSE HAS BEEN OBTAINED.
  (i) Every  certificate  of  incorporation  which  indicates  that  the
proposed  corporation  is  to solicit funds for or otherwise benefit the
armed forces of the United States or of any foreign  country,  or  their
auxiliaries, or of this or any other state or any territory, shall [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
approval of the chief of staff OF SUCH PURPOSE HAS BEEN OBTAINED.
  (j) Every  certificate  of  incorporation  which  includes  among  its
purposes  the  organization of wage-earners for their mutual betterment,
protection and advancement; the regulation of hours  of  labor,  working
conditions,  or wages; or the performance, rendition or sale of services
as labor consultant, labor-management advisor,  negotiator,  arbitrator,
or  specialist; and every certificate of incorporation in which the name
of the proposed corporation  includes  "union",  "labor",  "council"  or
"industrial  organization", or any abbreviation or derivative thereof in
a context that indicates or implies that the corporation is  formed  for
any of the above purposes, shall [have endorsed thereon or annexed ther-
eto]  INCLUDE  A CERTIFICATION THAT the approval of the industrial board
of appeals OF SUCH PURPOSE HAS BEEN OBTAINED. The board shall make  such
inquiry  into  the purposes of the proposed corporation as it shall deem
advisable and shall order a hearing if necessary to determine whether or
not such purposes are in all respects consistent with public policy  and
the labor law. Notice of the time and place of hearing shall be given to
the applicants and such other persons as the board may determine.
  (k)  Every certificate of incorporation for a corporation which has as
its exclusive purpose the promotion of the  interests  of  savings  bank
life insurance or the promotion of the interests of member banks may, if
the  CERTIFICATE  INCLUDES  A  CERTIFICATION THAT approval of the super-
intendent of financial services [is endorsed thereon or annexed thereto]
HAS BEEN OBTAINED, use as a part of the corporate name any of the  words
or  phrases,  or  any  abbreviation  or derivative thereof, set forth in
subparagraph (5) of paragraph (a) of section 301 (Corporate name; gener-
al).
  (l) Every certificate of incorporation for a corporation which has  as
its  exclusive purpose the creation of an association of licensed insur-
ance agents, licensed insurance brokers, or  licensed  insurance  under-
writers  and  every  application  for authority of a foreign corporation
which is an independent laboratory engaged in testing for public safety,
or which has as its purpose the advancement of corporate,  governmental,
and  institutional  risk  and  insurance management, or which has as its
exclusive purpose the creation of an association of  insurers,  each  of
which  is  duly  licensed in this state or, if it does no business or is
not licensed in this state, is duly licensed in another state or foreign
jurisdiction may, if  the  CERTIFICATE  INCLUDES  A  CERTIFICATION  THAT

S. 2608--B                         49                         A. 3008--B

approval of the superintendent of financial services [is endorsed there-
on or annexed thereto] HAS BEEN OBTAINED, use as a part of the corporate
name  any  of  the  words  or phrases, or any abbreviation or derivative
thereof,  set  forth in subparagraph (5) of paragraph (a) of section 301
(Corporate name; general).
  (m) Every certificate of  incorporation  in  which  the  name  of  the
proposed  corporation includes the name of a political party shall [have
endorsed thereon or annexed thereto] INCLUDE A  CERTIFICATION  THAT  the
consent  of the chairman of the county committee of such political party
of the county in which the office of the corporation is  to  be  located
HAS  BEEN  OBTAINED,  except in cases where the supreme court finds that
the withholding of such consent of the county chairman is unreasonable.
  (n) Every certificate of  incorporation  in  which  the  name  of  the
proposed  corporation  includes the words "American Legion," shall [have
endorsed thereon or annexed thereto] INCLUDE A  CERTIFICATION  THAT  the
approval  of  the  Department  of  New  York,  the American Legion, duly
acknowledged by its commander or adjutant HAS BEEN OBTAINED.
  (o) Every certificate of incorporation which includes among its corpo-
rate purposes or powers the establishment or maintenance of  any  hospi-
tal, as defined in article twenty-eight of the public health law, or the
solicitation  of  contributions for any such purpose, or purposes, shall
[have endorsed thereon or annexed thereto] INCLUDE A CERTIFICATION  THAT
the  approval  of  the public health and health planning council OF SUCH
PURPOSE HAS BEEN OBTAINED.
  (p) Every certificate of incorporation of  a  medical  corporation  as
defined  in  article  forty-four  of the public health law and organized
pursuant thereto and pursuant to  this  chapter,  shall  [have  endorsed
thereon  or annexed thereto] INCLUDE A CERTIFICATION THAT the consent of
the commissioner of health TO and the approval of the public health  and
health planning council OF SUCH PURPOSE HAS BEEN OBTAINED.
  (q) Every certificate of incorporation which includes among its corpo-
rate  purposes  or  powers the establishment, or operation of a facility
for which an operating  certificate  from  the  commissioner  of  mental
health  is  required by article thirty-one of the mental hygiene law, or
the solicitation of contributions for  any  such  purpose,  shall  [have
endorsed  thereon  or  annexed thereto] INCLUDE A CERTIFICATION THAT the
approval of the commissioner of mental health OF SUCH PURPOSE  HAS  BEEN
OBTAINED.
  (r)  Every certificate of incorporation of a health maintenance organ-
ization as defined in article forty-four of the public  health  law  and
organized  pursuant  thereto  and  pursuant to this chapter, shall [have
endorsed thereon or annexed thereto] INCLUDE A  CERTIFICATION  THAT  the
consent of the commissioner of health TO SUCH PURPOSE HAS BEEN OBTAINED.
  (t)  Every  certificate  of  incorporation  which  includes  among its
purposes and powers the establishment or maintenance of  a  hospital  or
facility  providing  health related services, as those terms are defined
in article twenty-eight of the public health law, or the solicitation of
contributions for any such purpose or two  or  more  of  such  purposes,
shall  [have endorsed thereon] INCLUDE A CERTIFICATION THAT the approval
of the public health and health planning council  OF  SUCH  PURPOSE  HAS
BEEN OBTAINED.
  (u)  Every  certificate  of  incorporation  which  includes  among the
purposes of  the  corporation,  the  establishment  or  operation  of  a
substance  abuse,  substance  dependence,  alcohol abuse, alcoholism, or
chemical abuse or dependence program, or the  solicitation  of  contrib-
utions  for  any  such  purpose, shall [have endorsed thereon or annexed

S. 2608--B                         50                         A. 3008--B

thereto] INCLUDE A CERTIFICATION THAT the consent of the commissioner of
the office of alcoholism and substance abuse services to its  filing  by
the department of state TO SUCH PURPOSE HAS BEEN OBTAINED.
  (v)  Every  certificate  of  incorporation  which  includes  among the
purposes of the corporation, the establishment, maintenance  and  opera-
tion  of  a  nonprofit  property/casualty insurance company, pursuant to
article sixty-seven of the insurance law, shall [have  endorsed  thereon
or  annexed  thereto]  INCLUDE  A CERTIFICATION THAT the approval of the
superintendent of financial services OF SUCH PURPOSE HAS BEEN OBTAINED.
  (w) Every certificate of  incorporation  in  which  the  name  of  the
proposed corporation includes the terms: "school," "education," "elemen-
tary,"   "secondary,"  "kindergarten,"  "prekindergarten,"  "preschool,"
"nursery school," "museum," "history," "historical," "historical  socie-
ty,"  "arboretum,"  "library,"  "college,"  "university"  or  other term
restricted by section two hundred  twenty-four  of  the  education  law;
"conservatory," "academy," or "institute," or any abbreviation or deriv-
ative  of  such  terms, shall [have endorsed thereon or annexed thereto]
INCLUDE A CERTIFICATION THAT the consent of the commissioner  of  educa-
tion HAS BEEN OBTAINED.
  S  21.  Paragraphs  (a)  and  (b) of section 804 of the not-for-profit
corporation law, as amended by chapter 139 of the laws of 1993, subpara-
graph (i) of paragraph (a) as amended by chapter  198  of  the  laws  of
2010, are amended to read as follows:
  (a) (i) A certificate of amendment shall not be filed if the amendment
adds,  changes or eliminates a purpose, power or provision the inclusion
of which in a certificate of incorporation requires consent or  approval
of a governmental body or officer or any other person or body, or if the
amendment  changes the name of a corporation whose certificate of incor-
poration had such consent or approval endorsed thereon or annexed there-
to, unless such consent  or  approval  is  no  longer  required,  or  AS
REQUIRED  BY STATUTE, SUCH CONSENT OR APPROVAL is endorsed on or annexed
to OR the certificate of amendment INCLUDES A  CERTIFICATION  THAT  SUCH
CONSENT OR APPROVAL HAS BEEN OBTAINED.
  (ii)  Every  certificate  of amendment of a corporation [classified as
type B or type C under section 201 (Purposes)] FORMED FOR  THE  PURPOSES
SPECIFIED  IN  SUBPARAGRAPH TWO OR THREE OF PARAGRAPH (B) OF SECTION 201
(PURPOSES) which seeks to change or eliminate a purpose or power enumer-
ated in the corporation's certificate of  incorporation,  or  to  add  a
power or purpose not enumerated therein, shall [have endorsed thereon or
annexed  thereto] INCLUDE A CERTIFICATION THAT the approval of a justice
of the supreme court of the judicial district in which the office of the
corporation is located HAS BEEN OBTAINED.  Ten days' written  notice  of
the  application for such approval shall be given to the attorney-gener-
al.
  (b) The department of state shall not file a certificate of  amendment
reviving  the existence of a corporation unless THE CERTIFICATE INCLUDES
A CERTIFICATION THAT the REQUIRED consent or approval of a  governmental
body  or officer or any other person or body [required to be endorsed on
or annexed to the certificate of incorporation of a  corporation  formed
for  similar  purposes,  is  attached thereto] HAS BEEN OBTAINED, or, if
notice to the attorney-general was required prior to the filing  of  its
certificate  of incorporation, the certificate of amendment should indi-
cate that such notice has been given as required by law.
  S 22. Section 909 of the not-for-profit corporation law, as amended by
section 6 of part D of chapter 58 of the laws of  2006,  is  amended  to
read as follows:

S. 2608--B                         51                         A. 3008--B

S 909. Consent to filing.
  If  the  purposes of any constituent or consolidated corporation would
require the approval or consent of any governmental body or  officer  or
any  other  person or body under section 404 (Approvals and consents) no
certificate of merger or consolidation shall be filed pursuant  to  this
article  unless  THE  CERTIFICATE  INCLUDES  A  CERTIFICATION  THAT such
approval OF or consent [is endorsed thereon or annexed thereto] TO  SUCH
PURPOSE HAS BEEN OBTAINED OR WHERE REQUIRED BY STATUTE, SUCH APPROVAL OR
CONSENT  IS  ENDORSED  THEREON OR ANNEXED THERETO.   A corporation whose
statement of purposes specifically includes the establishment or  opera-
tion  of  a  child  day  care center, as that term is defined in section
three hundred ninety of the social services law, shall provide a  certi-
fied  copy  of any certificate of merger or consolidation involving such
corporation to the office of children and family services within  thirty
days  after  the filing of such merger or consolidation with the depart-
ment of state.
  S 23. Paragraph (a) of section 1003 of the not-for-profit  corporation
law  is  amended  by  adding  two  new  subparagraphs 8 and 9 to read as
follows:
  (8) A CERTIFICATION THAT THE CONSENT OF THE DEPARTMENT OF TAXATION AND
FINANCE TO THE DISSOLUTION HAS BEEN OBTAINED.
  (9) WITH RESPECT TO ANY CORPORATION THAT HAS DONE BUSINESS IN THE CITY
OF NEW YORK AND INCURRED LIABILITY FOR ANY TAX OR CHARGE  UNDER  CHAPTER
SIX,  SEVEN, EIGHT, TEN, ELEVEN, TWELVE, THIRTEEN, FOURTEEN, TWENTY-ONE,
TWENTY-FOUR, TWENTY-FIVE OR TWENTY-SEVEN OF TITLE ELEVEN OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK, A CERTIFICATION  THAT  CONSENT  OF
THE  COMMISSIONER  OF FINANCE OF THE CITY OF NEW YORK TO THE DISSOLUTION
HAS BEEN OBTAINED.
  S 24. Paragraph (a) of section 1004 of the not-for-profit  corporation
law,  as  amended by chapter 201 of the laws of 2009, is amended to read
as follows:
  (a) [The department of state shall not file a certificate  of  dissol-
ution unless the consent of the state department of taxation and finance
to  the  dissolution  is attached thereto.] Upon filing the certificate,
the corporation is dissolved.
  S 25. Paragraph (b) of section 1004 of the not-for-profit  corporation
law is REPEALED.
  S  26.  Subparagraph  8  of paragraph (a) and paragraph (c) of section
1304 of the not-for-profit corporation law, subparagraph 8 of  paragraph
(a)  as  renumbered  by  chapter 590 of the laws of 1982, are amended to
read as follows:
  (8) A statement that the foreign corporation has not, since its incor-
poration or since the date its authority to conduct activities  in  this
state  was  last  surrendered, done any act in this state, except as set
forth in paragraph (b) of section 1301 (Authorization of foreign  corpo-
rations);  or in lieu of such statement A CERTIFICATION THAT the consent
of the state tax commission to the filing of the application  [shall  be
attached thereto] HAS BEEN OBTAINED.
  (c)  If the application for authority sets forth any purpose or activ-
ity for which a domestic corporation  could  be  formed  only  with  the
consent or approval of any governmental body or officer, or other person
or  body  under  section  404 (Approvals and consents), such APPLICATION
SHALL INCLUDE A CERTIFICATION THAT THE consent TO or approval [shall  be
endorsed  thereon or annexed thereto] OF SUCH PURPOSE HAS BEEN OBTAINED,
OR WHERE REQUIRED BY STATUTE, SUCH APPROVAL OR CONSENT IS ENDORSED THER-
EON OR ANNEXED THERETO.

S. 2608--B                         52                         A. 3008--B

  S 27. Paragraph (c) of section 1309 of the not-for-profit  corporation
law,  as added by chapter 961 of the laws of 1972, is amended to read as
follows:
  (c)  A certificate of amendment of application for authority shall not
be filed, if the amendment adds, changes or eliminates a purpose,  power
or  provision  the  inclusion  of  which in an application for authority
requires consent or approval of any  governmental  body  or  officer  or
other  person  or body, or if the amendment changes the name of a corpo-
ration whose application for authority  had  such  consent  or  approval
endorsed  thereon  or  annexed thereto, unless such AMENDMENT INCLUDES A
CERTIFICATION THAT SUCH consent  TO  or  approval  [is  endorsed  on  or
annexed  to  the  certificate of amendment] of application for authority
HAS BEEN OBTAINED, OR  WHERE  REQUIRED  BY  STATUTE,  SUCH  APPROVAL  OR
CONSENT IS ENDORSED THEREON OR ANNEXED THERETO.
  S  28. Paragraph (a) of section 1311 of the not-for-profit corporation
law is amended by adding a new paragraph 7 to read as follows:
  (7) A CERTIFICATION THAT CONSENT OF THE  DEPARTMENT  OF  TAXATION  AND
FINANCE TO THE SURRENDER OF AUTHORITY HAS BEEN OBTAINED.
  S  29. Paragraph (c) of section 1311 of the not-for-profit corporation
law is REPEALED and paragraph (d) is relettered paragraph (c).
  S 30. Paragraph (b) of section 1505  of  the  not-for-profit  law,  as
added by chapter 871 of the laws of 1977, is amended to read as follows:
  (b)    Cemetery board endorsement.  Every certificate of incorporation
of  a  cemetery  corporation,  except  those  within  the   exclusionary
provisions of section fifteen hundred three, shall [have endorsed there-
on  or annexed thereto] INCLUDE A CERTIFICATION THAT the approval of the
cemetery board as required in subdivision (e) of  section  four  hundred
four of this chapter HAS BEEN OBTAINED.
  S  31.  Subparagraphs (A) and (B) of paragraph 3 of subdivision (a) of
section 121-102 of the partnership law, subparagraph (A) as  amended  by
chapter  316 of the laws of 2005, subparagraph (B) as amended by chapter
155 of the laws of 2012, are amended to read as follows:
  (A) may not contain the  following  phrases  or  any  abbreviation  or
derivative thereof:
          board of trade                state trooper
          chamber of commerce           tenant relocation
          community renewal             urban development
          state police                  urban relocation
  Every  certificate  of  limited  partnership  in which the name of the
proposed limited partnership includes the terms: "school,"  "education,"
"elementary,"     "secondary,"     "kindergarten,"    "prekindergarten,"
"preschool,"  "nursery  school,"  "museum,"   "history,"   "historical,"
"historical society," "arboretum," "library," "college," "university" or
other  term  restricted by section two hundred twenty-four of the educa-
tion law; "conservatory," "academy," or "institute," or any abbreviation
or derivative of such terms, shall [have  endorsed  thereon  or  annexed
thereto] INCLUDE A CERTIFICATION THAT the consent of the commissioner of
education HAS BEEN OBTAINED.
  (B) may not contain the following words, or any abbreviation or deriv-
ative thereof:
          acceptance                    indemnity
          annuity                       insurance
          assurance                     investment
          bank                          lawyer
          benefit                       loan
          bond                          mortgage

S. 2608--B                         53                         A. 3008--B

          casualty                      savings
          doctor                        surety
          endowment                     title
          fidelity                      trust
          finance                       underwriter
          guaranty
unless  the  [approval  of  the  superintendent of financial services is
attached to the] certificate of limited partnership INCLUDES  A  CERTIF-
ICATION  THAT  THE  APPROVAL OF THE SUPERINTENDENT OF FINANCIAL SERVICES
HAS BEEN OBTAINED; or unless the word "doctor" or "lawyer" or an  abbre-
viation or derivative thereof is used in a context which clearly denotes
a purpose other than the practice of law or medicine.
  S  32.  Subparagraph  (C) of paragraph 3 of subdivision (a) of section
121-102 of the partnership law, as added by chapter 264 of the  laws  of
1991, is amended to read as follows:
  (C)  shall not, unless [the approval of the state department of social
services is attached to]  the  certificate  of  limited  partnership  or
application  for authority or amendment thereof INCLUDES A CERTIFICATION
THAT THE APPROVAL OF THE STATE DEPARTMENT OF SOCIAL  SERVICES  HAS  BEEN
OBTAINED, contain the word "blind" or "handicapped". Such approval shall
be  granted by the state department of social services if in its opinion
the word "blind" or "handicapped" as used  in  the  limited  partnership
name  proposed  will  not  tend  to  mislead  or confuse the public into
believing that the limited partnership is organized  for  charitable  or
nonprofit purposes related to the blind or the handicapped.
  S  33. Section 121-206 of the partnership law, as added by chapter 950
of the laws of 1990, is amended to read as follows:
  S 121-206. Filing with the department of state. A  signed  certificate
of limited partnership and any signed certificates of amendment or other
certificates filed pursuant to this article or of any judicial decree of
amendment or cancellation shall be delivered to the department of state.
If  the  instrument  which  is  delivered to the department of state for
filing complies as to form with the requirements of law and  the  filing
fee  required  by  any statute of this state in connection therewith has
been paid, the instrument shall be filed and indexed by  the  department
of  state.  UPON  THE WRITTEN NOTIFICATION TO THE DEPARTMENT OF STATE BY
ANY STATE OFFICIAL, DEPARTMENT, BOARD,  AGENCY  OR  OTHER  BODY  THAT  A
DOMESTIC  LIMITED  PARTNERSHIP OR FOREIGN AUTHORIZED LIMITED PARTNERSHIP
HAS FAILED TO OBTAIN THE CONSENT OR APPROVAL  OF  SUCH  STATE  OFFICIAL,
DEPARTMENT,  BOARD,  AGENCY OR OTHER BODY FOR ANY CERTIFICATE OR INSTRU-
MENT, THE LIMITED PARTNERSHIP'S AUTHORITY TO CARRY ON, CONDUCT OR TRANS-
ACT BUSINESS IN THIS STATE SHALL BE SUSPENDED. SUCH SUSPENSION SHALL  BE
ANNULLED UPON THE FILING OF A CERTIFICATE OF AMENDMENT WITH THE REQUIRED
CONSENT OR APPROVAL ANNEXED THERETO.
  S  34.  Section  14  of the private housing finance law, as amended by
chapter 544 of the laws of 1961, is amended to read as follows:
  S 14. Consent of commissioner  to  incorporation.  Whenever  any  such
certificate  shall  be  presented  to  the  secretary of state, [he] THE
SECRETARY shall not file such certificate unless [there shall  accompany
the  same a] THE CERTIFICATE INCLUDES A CERTIFICATION THAT A certificate
of the commissioner that he consents to the filing of  such  certificate
HAS  BEEN OBTAINED; nor shall any amendment to the certificate of incor-
poration be filed unless it [is accompanied by] INCLUDES A CERTIFICATION
THAT a certificate of  the  commissioner  consenting  thereto  HAS  BEEN
OBTAINED.  If  a company has entered into a contract with a municipality
for the construction of a municipally aided  project,  the  commissioner

S. 2608--B                         54                         A. 3008--B

shall  not issue a certificate consenting to an amendment of the certif-
icate of incorporation of such company, unless  the  supervising  agency
has given its written consent to such amendment.
  S 35. Subdivision 5 of section 573 of the private housing finance law,
as  amended  by  chapter  410 of the laws of 1984, is amended to read as
follows:
  5. The secretary of state shall not file the certificate  of  incorpo-
ration  of  any  such  corporation  or  any amendment thereto unless THE
CERTIFICATE INCLUDES A CERTIFICATION THAT the consent or approval of the
commissioner or the supervising agency, as the case may be, [is  affixed
thereon or attached thereto] HAS BEEN OBTAINED. Consent to the filing of
such  certificate  of  incorporation shall be based upon findings by the
commissioner or supervising agency as to the character and competence of
the sponsor.
  S 36. Subdivision 1 of section 2801-a of the  public  health  law,  as
amended  by  section  57 of part A of chapter 58 of the laws of 2010, is
amended to read as follows:
  1. No hospital, as defined  in  this  article,  shall  be  established
except  with  the written approval of the public health and health plan-
ning council. No certificate of incorporation of a  business  membership
or  not-for-profit  corporation  shall hereafter be filed which includes
among its corporate purposes or powers the establishment or operation of
any hospital, as  defined  in  this  article,  or  the  solicitation  of
contributions  for  any  such  purpose, or two or more of such purposes,
except with the written approval of the public health and  health  plan-
ning  council,  and  when  otherwise required by law of a justice of the
supreme court, [endorsed on or annexed to] the certificate  of  incorpo-
ration  INCLUDES  A  CERTIFICATION  THAT  SUCH WRITTEN APPROVAL HAS BEEN
OBTAINED. No articles of organization of  a  limited  liability  company
established pursuant to the New York limited liability company law which
includes  among its powers or purposes the establishment or operation of
any hospital as defined in this article, shall be filed with the depart-
ment of state except [upon] WHEN THE ARTICLES OF ORGANIZATION INCLUDE  A
CERTIFICATION THAT the approval of the public health and health planning
council HAS BEEN OBTAINED.
  S 37. Section 41 of the transportation corporations law, as amended by
chapter 782 of the laws of 1969, is amended to read as follows:
  S  41.  Municipal consent to incorporation. No certificate of incorpo-
ration of a water-works corporation shall  be  filed  unless  [there  be
annexed thereto a] THE CERTIFICATE INCLUDES A CERTIFICATION THAT consent
to  the  formation  of  the  corporation, signed and acknowledged by the
local authorities of each municipality named  in  such  certificate  HAS
BEEN OBTAINED.  Such authorities shall be:  in a city, a majority of the
members  of  the  board or body having charge of the water supply, or if
there be no such board or body, a majority of the members of  the  local
legislative  body;  in a village, a majority of the members of the board
of trustees; in a town outside of a village, the town superintendent  of
highways  and  a majority of the members of the town board. Such consent
to the formation of the corporation shall not be granted by  said  local
authorities  until  ten  days prior notice in writing of the application
for such consent and until an engineering plan for proposed water system
specifying location and size and  type  of  wells,  pumps,  distribution
mains  and  other  facilities  of  the  water supply and/or distribution
system is furnished by the water works corporation to the local authori-
ties and to the county water authority, and to the county water district
if there be such authority or district where  the  proposed  corporation

S. 2608--B                         55                         A. 3008--B

seeks  to  operate; and until said authority or district has reported in
writing to the municipality named in the  certificate  of  incorporation
its recommendations as to whether or not such consent should be granted,
setting  forth  the  reasons for such recommendation and a finding as to
whether the proposed water supply and/or distribution system is  reason-
ably  comparable to standards of a county-wide water system and suitable
for eventual integration with such county-wide water system. Said report
shall be filed with such municipality on or before the tenth  day  after
the giving of the notice aforesaid.
  S  38. Subdivision 1 of section 116 of the transportation corporations
law, as amended by chapter 828 of the laws of 1970, is amended  to  read
as follows:
  1. No certificate of incorporation of a sewage-works corporation shall
be  filed  unless  [there be annexed thereto] THE CERTIFICATE INCLUDES A
CERTIFICATION THAT a certificate or certificates duly executed in behalf
of the local governing bodies of the city, town or village, as the  case
may be, in which any part of a sewer system provided by such corporation
is situate and, in the county of Suffolk, an additional certificate duly
executed  in behalf of the county sewer agency, consenting to the forma-
tion of the corporation for the area described in such  certificate  HAS
BEEN OBTAINED.
  S  39.  This  act shall take effect immediately; provided however that
section twenty-three of this act shall take effect on the  sixtieth  day
after it shall have become a law.

                                SUBPART C

  Section  1.  Paragraph  (a) of section 602 of the business corporation
law is amended to read as follows:
  (a) Meetings of shareholders may be held  at  such  place,  within  or
without  this  state, as may be fixed by or under the by-laws, or if not
so fixed, at the office of the corporation in this  state.    EXCEPT  AS
PROVIDED  IN  THE  BY-LAWS, SHAREHOLDERS MAY PARTICIPATE IN A MEETING BY
MEANS OF CONFERENCE TELEPHONE OR  SIMILAR  COMMUNICATIONS  EQUIPMENT  BY
MEANS  OF  WHICH  ALL PERSONS PARTICIPATING IN THE MEETING CAN HEAR EACH
OTHER. SUCH PARTICIPATION SHALL CONSTITUTE PRESENCE  IN  PERSON  AT  THE
MEETING.
  S 2. Paragraph (b) of section 402 of the limited liability company law
is amended to read as follows:
  (b) Except as provided in the operating agreement, any member may vote
in person [or], by proxy, OR BY ELECTRONIC MEANS.
  S  3.  Paragraphs  (a)  and  (c)  of section 603 of the not-for-profit
corporation law, paragraph (c) as amended by chapter 961 of the laws  of
1972, are amended to read as follows:
  (a)  Meetings  of members may be held at such place, within or without
this state, as may be fixed by or under the by-laws or, if not so fixed,
at the office of the corporation in this state.  EXCEPT AS  PROVIDED  IN
THE BY-LAWS, MEMBERS MAY PARTICIPATE IN A MEETING BY MEANS OF CONFERENCE
TELEPHONE  OR  SIMILAR  COMMUNICATIONS  EQUIPMENT  BY MEANS OF WHICH ALL
PERSONS PARTICIPATING IN THE MEETING CAN HEAR EACH OTHER.  SUCH  PARTIC-
IPATION SHALL CONSTITUTE PRESENCE IN PERSON AT THE MEETING.
  (c)  Special meetings of the members may be called by the board and by
such person or persons as may be authorized by the certificate of incor-
poration or the by-laws.  In any case, such meetings may be convened  by
the  members  entitled to cast ten per cent of the total number of votes
entitled to be cast at such meeting, who may,  in  writing,  demand  the

S. 2608--B                         56                         A. 3008--B

call  of  a special meeting specifying the date and month thereof, which
shall not be less than two nor more than three months from the  date  of
such written demand. The secretary of the corporation upon receiving the
written  demand  shall  promptly  give  notice of such meeting, or if he
fails to do so within five business days thereafter, any member  signing
such demand may give such notice. The meeting shall be held at the place
fixed  in  the  by-laws or, if not so fixed, at the office of the corpo-
ration.  EXCEPT AS PROVIDED IN THE BY-LAWS, MEMBERS MAY PARTICIPATE IN A
MEETING BY MEANS  OF  CONFERENCE  TELEPHONE  OR  SIMILAR  COMMUNICATIONS
EQUIPMENT BY MEANS OF WHICH ALL PERSONS PARTICIPATING IN THE MEETING CAN
HEAR  EACH OTHER. SUCH PARTICIPATION SHALL CONSTITUTE PRESENCE IN PERSON
AT THE MEETING.
  S 4. Paragraph (b) of section 121-405 of the partnership law, as added
by chapter 950 of the laws of 1990, is amended to read as follows:
  (b) A partnership agreement  may  set  forth  provisions  relating  to
notice  of the time, place or purpose of any meeting at which any matter
is to be voted on by any general partners, waiver of  any  such  notice,
action by consent without a meeting, the establishment of a record date,
quorum  requirements,  voting in person [or], by proxy, OR BY ELECTRONIC
MEANS or any other matter with respect to the exercise of any such right
to vote.
  S 5. This act shall take effect immediately.

                                SUBPART D

  Section 1. Section 401 of the business corporation law, as amended  by
chapter 900 of the laws of 1974, is amended to read as follows:
S 401. Incorporators.
  One  or  more  natural persons [of the age of] AT LEAST eighteen years
[or over] OF AGE OR  ANY  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  OR
CORPORATION,  SINGLY OR JOINTLY WITH OTHERS, may act as incorporators of
a corporation to be formed under this chapter.
  S 2. Subdivisions (a) and (b) of section 203 of the limited  liability
company  law,  subdivision  (a) as amended by chapter 470 of the laws of
1997, is amended to read as follows:
  (a) One or more NATURAL persons AT LEAST EIGHTEEN YEARS OF AGE OR  ANY
PARTNERSHIP,  LIMITED  LIABILITY COMPANY, SINGLY OR JOINTLY WITH OTHERS,
may act as an organizer or organizers to form a limited liability compa-
ny by (i) preparing the articles of organization of such limited liabil-
ity company in accordance with subdivision (e)  of  this  section,  (ii)
executing  such  articles of organization in accordance with section two
hundred seven of this article and (iii) filing such  articles,  entitled
"Articles  of  organization  of...  (name  of limited liability company)
under section two hundred three of the Limited Liability  Company  Law,"
in accordance with section two hundred nine of this article.
  (b) An organizer may, but need not be, a member of the limited liabil-
ity company that he [or], she OR IT forms.
  S  3. Section 401 of the not-for-profit corporation law, as amended by
chapter 901 of the laws of 1974, is amended to read as follows:
S 401. Incorporators.
  One or more natural persons at least eighteen  years  of  age  OR  ANY
PARTNERSHIP, LIMITED LIABILITY COMPANY, OR CORPORATION, SINGLY OR JOINT-
LY  WITH  OTHERS, may act as incorporators of a corporation to be formed
under this chapter.
  S 4. This act shall take effect immediately.

S. 2608--B                         57                         A. 3008--B

                                SUBPART E

  Section  1.  Section 19 of the general associations law, as amended by
chapter 166 of the laws of 1991, is amended to read as follows:
  S 19. Service of process. Service of process  against  an  association
upon  the  secretary  of state shall be made by personally delivering to
and leaving with [him] THE SECRETARY OF STATE or a deputy [secretary  of
state  or  an  associate  attorney,  senior  attorney or attorney in the
corporation division of the department of  state,  duplicate  copies  of
such  process],  OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE
TO RECEIVE SUCH SERVICE at the office of the department of state in  the
city of Albany, DUPLICATE COPIES OF SUCH PROCESS TOGETHER WITH THE STAT-
UTORY  FEE,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT.  [At the time of
such service the plaintiff shall pay a  fee  of  forty  dollars  to  the
secretary of state which shall be a taxable disbursement. If the cost of
registered  mail for transmitting a copy of the process shall exceed two
dollars, an additional fee equal to such excess shall  be  paid  at  the
time  of  the  service  of  such  process.] The secretary of state shall
[forthwith] PROMPTLY send by  CERTIFIED  registered  mail  one  of  such
copies  OF SUCH PROCESS to the association at the address fixed for that
purpose, as herein provided. If the action or proceeding  is  instituted
in  a  court  of limited jurisdiction, service of process may be made in
the manner provided in this section if the cause of action arose  within
the  territorial jurisdiction of the court and the office of the defend-
ant, as set forth in its statement filed pursuant to section eighteen of
this chapter, is within such territorial jurisdiction.
  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 Subparts A through E of this act  shall
be as specifically set forth in the last section of such Subparts.

                                 PART R

  Section  1.  Subdivisions  5, 6, 7-a, 10, 12, 13, 14, 15, 16 and 17 of
section 11-0701 of the environmental conservation law are REPEALED.
  S 2. Subdivisions 4 and 8 of  section  11-0701  of  the  environmental
conservation law are renumbered subdivisions 3 and 4 and subdivisions 1,
2,  3, 9-a and 11, subdivisions 1, 3 and 11 as amended by chapter 344 of
the laws of 2008, paragraph a of subdivision 2 as amended by chapter  57
of  the  laws of 1993, subparagraph 1 of paragraph a of subdivision 2 as
added by section 5 and paragraph  b  of  subdivision  2  as  amended  by
section  6  of  part F of chapter 82 of the laws of 2002, paragraph c of
subdivision 2 as amended by chapter 25 of the laws of 2011, and subdivi-
sion 9-a as added by chapter 237 of the laws of  1993,  are  amended  to
read as follows:
  1. [A small game license entitles a holder who is sixteen years of age
or  older  to  hunt wildlife, except big game, and to take with a gun or

S. 2608--B                         58                         A. 3008--B

longbow fish permitted to be so taken, as provided in titles 9 and 13 of
this article.
  2.] a. [(1)] A [small and big game] HUNTING license entitles the resi-
dent  OR NON-RESIDENT holder WHO IS TWELVE YEARS OF AGE OR OLDER to hunt
wildlife, AS PROVIDED IN TITLE 9 OF THIS ARTICLE, subject to the follow-
ing:
  (i) [a holder who is eighteen years of age or older may hunt  wildlife
as provided in title 9 of this article,
  (ii)] a holder who is sixteen OR SEVENTEEN years OLD [of age or older]
may  hunt [wildlife, except] big game[, as provided in title 9] PURSUANT
TO THE PROVISIONS OF SECTION 11-0929 of this article, and
  [(iii)] (II) a holder who is [between the ages of  sixteen  and  eigh-
teen]  FOURTEEN  OR  FIFTEEN YEARS OLD may hunt big game pursuant to the
provisions of [title 9 of this article while the holder  is  accompanied
by a parent, guardian or person over the age of eighteen as required by]
section 11-0929 of this article[.], AND
  (III)  A HOLDER WHO IS TWELVE OR THIRTEEN YEARS OLD MAY HUNT WILDLIFE,
EXCEPT BIG GAME, PURSUANT TO THE PROVISIONS OF SECTION 11-0929  OF  THIS
ARTICLE.  SUCH  HOLDER  IS  ENTITLED  TO POSSESS FIREARMS AS PROVIDED IN
SECTION 265.05 OF THE PENAL LAW, AND
  (IV) A HOLDER MAY TRAP BEAVER, OTTER, FISHER,  MINK,  MUSKRAT,  SKUNK,
RACCOON,  BOBCAT,  COYOTE,  FOX, OPOSSUM, WEASEL, PINE MARTEN AND UNPRO-
TECTED WILDLIFE EXCEPT BIRDS, AS PROVIDED IN TITLE 11 OF  THIS  ARTICLE,
SUBJECT  TO  THE PROVISIONS OF SUBPARAGRAPH 2 OF PARAGRAPH B OF SUBDIVI-
SION 3 OF SECTION 11-0713 OF THIS ARTICLE;  THIS  SHALL  BE  A  TRAPPING
PRIVILEGE AND IT SHALL BE LISTED SEPARATELY ON A HUNTING LICENSE.
  A holder may take fish with a [gun or] longbow as provided in titles 9
and 13 of this article.
  B.  A  HUNTING  LICENSE  WITH  ONLY A TRAPPING PRIVILEGE MAY ENTITLE A
HOLDER WHO IS LESS THAN TWELVE YEARS OLD TO TRAP BEAVER, OTTER,  FISHER,
MINK,  MUSKRAT,  SKUNK,  RACCOON,  BOBCAT, COYOTE, FOX, OPOSSUM, WEASEL,
PINE MARTEN AND UNPROTECTED WILDLIFE EXCEPT BIRDS, AS PROVIDED IN  TITLE
11  OF  THIS  ARTICLE,  SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH TWO OF
PARAGRAPH B OF SUBDIVISION 3 OF SECTION 11-0713 OF THIS ARTICLE.
  [(2) A non-resident big game license entitles a  person  who  has  not
been a resident of the state for more than thirty days to hunt wild deer
as  provided in title 9. It entitles such person to hunt bear during the
regular open bear season or in an open season fixed by regulation pursu-
ant to subdivision eight of section 11-0903  of  this  article  if  such
person  is  also  the  holder  of a non-resident bear tag. It entitles a
person who is between the ages of sixteen and eighteen years to exercise
the privileges of a big  game  license  subject  to  the  provisions  of
section 11-0929.
  b.]  C. A special antlerless deer license is applicable to the hunting
of wild antlerless deer in a  special  open  season  fixed  pursuant  to
subdivision  6  of  section  11-0903 of this article in a tract within a
Wilderness Hunting Area and entitles  the  holder  of  a  license  which
authorizes  the  holder to hunt big game to hunt antlerless deer in such
special open season, as provided in title 9 of this article if he OR SHE
has on his OR HER person while so hunting both his OR HER license  which
authorizes the holder to hunt big game and his OR HER special antlerless
deer license.
  [c. A junior archery license entitles a resident holder who is between
the  ages  of twelve and sixteen years to hunt wild deer and bear with a
longbow during the special archery season and during the regular season,
as provided in title 9 of this article, as if such person held a license

S. 2608--B                         59                         A. 3008--B

which authorizes the holder to hunt big game  with  a  bowhunting  stamp
affixed,  subject to the provisions of section 11-0929 and subdivision 3
of section 11-0713 of this article. It entitles  a  non-resident  holder
who  is  between  the ages of twelve and sixteen years to hunt wild deer
and bear with a longbow during the special archery season and during the
regular season, as provided in title 9  of  this  article,  as  if  such
person  held  a  non-resident bowhunting license, a non-resident license
which authorizes the holder to hunt deer and a  non-resident  bear  tag,
subject  to  the  provisions  of  section  11-0929  and subdivision 3 of
section 11-0713 of this article.]
  FOR PURPOSES OF THIS TITLE, A NON-RESIDENT IS A  PERSON  WHO  HAS  NOT
BEEN A RESIDENT OF THE STATE FOR MORE THAN THIRTY DAYS.
  [3]  2.  A  bowhunting [stamp when affixed to] PRIVILEGE INCLUDED ON a
[resident] HUNTING license [which authorizes  the  holder  to  hunt  big
game]  entitles  a  holder who is eighteen years of age or older to hunt
wild deer and bear with a longbow, as provided in title 9 of this  arti-
cle,  in a special longbow season, SUBJECT TO THE PROVISIONS OF SUBDIVI-
SION 3 OF SECTION 11-0713 OF THIS ARTICLE and it entitles a  holder  who
is  [sixteen  or]  TWELVE THROUGH seventeen years of age to exercise the
same privileges subject to the provisions of section 11-0929 and  subdi-
vision 3 of section 11-0713 of this article.
  [9-a]  5.  A one-day fishing license entitles the [resident or non-re-
sident] holder to exercise the privileges of a fishing  license  on  the
day specified on the license.
  [11]  6. A muzzle-loading [stamp] PRIVILEGE when [affixed to] INCLUDED
ON a [resident] HUNTING license [which authorizes the holder to hunt big
game] entitles a holder who is fourteen years of age or  older  to  hunt
wild deer and bear with a muzzle-loading firearm, as provided in title 9
of  this article, in a special muzzle-loading firearm season, SUBJECT TO
THE PROVISIONS OF SUBDIVISION 3 OF SECTION 11-0713 OF THIS ARTICLE.
  S 3. Subdivisions 2, 4, 5 and 6 of section  11-0703  of  the  environ-
mental  conservation law, subdivision 2 as amended by chapter 507 of the
laws of 2010, subdivision 4 as amended by section 21 and paragraph a  of
subdivision  5  as  amended by section 22 of part F of chapter 82 of the
laws of 2002, paragraph b of subdivision 4 as amended by chapter 178  of
the  laws of 2011, paragraphs d and e of subdivision 4 and subdivision 6
as amended by chapter 344 of the laws of 2008, subdivision 5 as  amended
by  chapter  450 of the laws of 1991 and paragraph d of subdivision 5 as
relettered by chapter 470 of the laws of 1994, are amended  to  read  as
follows:
  2.  Except  as  provided in section 11-0704 of this title, no license,
permit, tag or [stamp] PRIVILEGE is transferable. No person shall alter,
change, lend to another or attempt to transfer to another any license or
any [button,] permit, tag or  [stamp]  PRIVILEGE  issued  therewith.  No
person, while hunting, shall possess a license, [button,] permit, tag or
[stamp]  PRIVILEGE  which  was  issued to another person unless actually
accompanied by the person to whom such license, [button,] permit, tag or
[stamp] PRIVILEGE was issued. No person shall purchase, possess  or  use
more  than  one [junior archery, junior hunting, small and big game, big
game, bowhunting, muzzle-loading, sportsman, or resident super-sportsman
license or stamp, non-resident  bowhunting  or  muzzle-loading  license,
non-resident  super-sportsman  license,  non-resident  bear tag] HUNTING
LICENSE or special permit  for  the  current  license  year,  except  as
permitted  by regulation of the department. Notwithstanding the prohibi-
tions contained in this subdivision, the  department  may  authorize  by
rule  or  regulation  the  transfer  of  deer management permits, issued

S. 2608--B                         60                         A. 3008--B

pursuant to section 11-0913 of this article, to any person  licensed  to
hunt deer pursuant to this title.
  4.  a.  [Non-resident fishing, non-resident super-sportsman, non-resi-
dent bowhunting or muzzle-loading, or non-resident trapping licenses, or
non-resident bear tags are issuable only to  non-residents  and  persons
who  have been residents for less than thirty days immediately preceding
the date of application.
  b. A person under the age of fourteen  years  is  ineligible  for  any
license, other than a junior archery license, which authorizes the hold-
er to hunt big game. A person under the age of sixteen years is ineligi-
ble  for  a  small  and big game, sportsman or resident super-sportsman,
non-resident  super-sportsman,  non-resident  big   game,   non-resident
bowhunting  license,  or bowhunting stamp.] A person is ineligible for a
[small game, small and big game, junior hunting, big game, junior  arch-
ery,  sportsman and resident super-sportsman, non-resident super-sports-
man, or non-resident] HUNTING LICENSE, bowhunting PRIVILEGE  or  muzzle-
loading [license] PRIVILEGE unless such person meets the requirements of
subdivision 3 of section 11-0713 of this title.
  [c]  B.    Only  the  following  persons  are  eligible  for  resident
[licenses] FEES: (1) persons who have been residents in  the  state  for
[more  than]  thirty  days  immediately [preceding] PRIOR TO the date of
application for the licenses, or who are enrolled [in]  AS  a  full-time
[course] STUDENT at a college or university within the state and who are
in  residence  in the state for the school year, or who are out of state
or foreign exchange high school students enrolled [in]  AS  a  full-time
[course]  STUDENT in a high school within the state and who are in resi-
dence in the state for the school year; (2) Indian residents or  members
of  the  six nations residing on any reservation wholly or partly within
the state; (3) members of the  United  States  armed  forces  in  active
service,  stationed  in this state, regardless of the place of residence
at the time of entry into the service; and (4) persons privileged  under
subdivision 5 of section 11-0707 of this article to take wildlife, other
than deer and bear, as if they held hunting licenses.
  [d]  C.    Only  persons  who  possess  a [small and big game] HUNTING
license[, the big game license portion of the free sportsman, a  sports-
man  license  or  resident  super-sportsman  license] are eligible for a
bowhunting PRIVILEGE or muzzle-loading [stamp, except that the holder of
a junior hunting license, who is a resident and who is at least fourteen
years old, is eligible for a muzzle-loading stamp] PRIVILEGE.
  [e] D. A person under the age of twelve  years  is  ineligible  for  a
[junior]  hunting  license EXCEPT AS PROVIDED IN PARAGRAPH B OF SUBDIVI-
SION 1 OF SECTION 11-0701 OF THIS ARTICLE.
  5. a. One-day and seven-day fishing licenses expire on the date stated
on them. A FISHING LICENSE SHALL REMAIN EFFECTIVE ONE YEAR FROM THE DATE
ON WHICH IT WAS ISSUED.
  b. A fishing license issued without charge to a resident  as  formerly
provided in subdivision 2 of section 11-0715, shall remain effective for
the life of the licensee.
  c.  A  special antlerless deer license is effective during the special
open season for which it is issued.
  d. All other licenses  and  [stamps]  PRIVILEGES  defined  in  section
11-0701 are effective for a license year beginning [October] SEPTEMBER 1
and ending [September 30] AUGUST 31.
  6.  a.  Except  as  provided in section 11-0707 and section 11-0709 of
this title, no person shall (1) hunt wildlife[, other than deer or bear,
or take fish with a gun,] unless such person holds and  is  entitled  to

S. 2608--B                         61                         A. 3008--B

exercise  the privileges of a [small game, junior hunting, small and big
game, free sportsman, sportsman or resident super-sportsman, or  non-re-
sident  super-sportsman]  HUNTING license; (2) hunt antlerless deer in a
special  open  season  therefor  pursuant  to  subdivision  6 of section
11-0903 of this article unless such person  holds  and  is  entitled  to
exercise the privileges of and has on his or her person while so hunting
a [small and big game, big game, junior archery, free sportsman, junior]
hunting  [if  the  licensee  is  at least fourteen years old, sportsman,
resident super-sportsman, non-resident super-sportsman or  non-resident]
LICENSE, bowhunting PRIVILEGE or muzzle-loading [license] PRIVILEGE, and
a  special antlerless deer license; (3) take fish or frogs in the manner
described in subdivision 4 of section 11-0701 of this title unless  such
person  is entitled to exercise the privileges of a fishing license; (4)
trap wildlife unless such person holds a [trapping] HUNTING license WITH
A TRAPPING PRIVILEGE.
  b. Except as provided in section 11-0707 and section 11-0709  of  this
title, no [resident] PERSON shall (1) hunt wild deer or bear unless such
person  holds and is entitled to exercise the privileges of a [small and
big game, junior archery, junior hunting if the  licensee  is  at  least
fourteen years old, free sportsman, sportsman, or resident super-sports-
man]  HUNTING  license,  and meets the requirements of this article; (2)
hunt wild deer or bear with a longbow in a special longbow season unless
such person holds and is entitled to exercise the privileges of a [small
and big game, junior archery, free  sportsman,  sportsman,  or  resident
super-sportsman] HUNTING license with a bowhunting [stamp affixed] PRIV-
ILEGE  and meets the requirements of this article; or (3) hunt wild deer
or bear with  a  muzzle-loading  firearm  in  a  special  muzzle-loading
firearm  season  unless  such  person IS AT LEAST FOURTEEN YEARS OLD AND
holds a [small and big game, free sportsman, sportsman,  junior  hunting
if  the  licensee  is  at  least  fourteen years old, or resident super-
sportsman] HUNTING license with a muzzle-loading [stamp affixed]  PRIVI-
LEGE and meets the requirements of this article.
  [c.  Except as provided in section 11-0707 and section 11-0709 of this
title, no non-resident shall (1) hunt wild deer unless such person holds
and is entitled to exercise the privileges of a big game,  junior  arch-
ery,  junior  hunting  if  the  licensee is at least fourteen years old,
non-resident super-sportsman, or non-resident bowhunting or muzzle-load-
ing license; (2) hunt wild deer with a  longbow  in  a  special  longbow
season  unless  such person holds and is entitled to exercise the privi-
leges of a non-resident  super-sportsman,  non-resident  bowhunting,  or
junior archery license; (3) hunt wild deer with a muzzle-loading firearm
in  a  special  muzzle-loading firearm season unless such person holds a
non-resident super-sportsman or non-resident muzzle-loading license; (4)
hunt wild bear unless such person holds a junior hunting license if  the
licensee  is at least fourteen years old, a junior archery license, or a
non-resident bear tag in combination with one of the  non-resident  deer
licenses listed in subparagraph 1, 2 or 3 of this paragraph.]
  S 4.  Subdivision 2, paragraphs b and c of subdivision 3 and paragraph
b  of subdivision 4 of section 11-0713 of the environmental conservation
law, subdivision 2 as amended by chapter 25 of the laws of  2011,  para-
graph  b  of  subdivision  3 as amended by section 27 and paragraph b of
subdivision 4 as amended by section 28 of part F of chapter  82  of  the
laws  of 2002 and paragraph c of subdivision 3 as amended by chapter 344
of the laws of 2008, are amended to read as follows:
  2. The issuing officer shall not issue a [junior archery license to  a
person  between  the  ages  of  twelve  and sixteen or a junior] hunting

S. 2608--B                         62                         A. 3008--B

license to a person [between the  ages  of]  AGE  twelve  [and]  THROUGH
sixteen years unless, at the time of issuance, THE applicant is accompa-
nied  by  his  or  her parent or legal guardian who shall consent to the
issuance  of the license and shall so signify by signing his or her name
in ink across the face of it. At no time shall such licenses  be  issued
by  mail  to  persons  [between  the  ages  of] AGE twelve [and] THROUGH
sixteen years.
  b. (1) The issuing officer shall not issue a HUNTING license [or stamp
which authorizes the holder to exercise the] WITH A BOW  HUNTING  privi-
lege  [of  hunting  big  game  with  a longbow] to any person unless the
applicant presents a New York state license [or stamp] which  authorizes
the  holder to exercise the privilege of hunting [big game] with a long-
bow issued in 1980 or later, an affidavit as provided in subparagraph  2
of  paragraph a of this subdivision or a certificate of qualification in
responsible bowhunting practices issued or honored by the department.
  (2) The issuing officer shall not issue a HUNTING LICENSE WITH A trap-
ping [license] PRIVILEGE to any person unless the applicant  presents  a
trapping  license OR HUNTING LICENSE WITH A TRAPPING PRIVILEGE issued to
him OR HER previously, an affidavit as provided  in  subparagraph  2  of
paragraph  a  of  this  subdivision or a certificate of qualification in
responsible trapping practices.
  c. The issuing  officer  shall  not  issue  a  [bowhunting  stamp  or]
muzzle-loading  [stamp]  PRIVILEGE  to  any [resident] PERSON unless the
applicant IS AT LEAST FOURTEEN YEARS OLD AND presents a [junior] hunting
license [if the licensee is at least fourteen years old, or a small  and
big  game,  free  sportsman,  or  sportsman  or resident super-sportsman
license] issued to that person for the corresponding license year.
  b. A person who has lost or accidentally destroyed a [button  or]  tag
issued with such a license or [stamp] PRIVILEGE may apply to any license
issuing  officer for a duplicate and the department shall issue a dupli-
cate [button or] tag when satisfied that the application is made in good
faith.  A duplicate free [sportsman] LICENSE, PRIVILEGE OR tag shall  be
issued free of charge.
  S  5.  Subdivisions  2,  3, 4 and 6 of section 11-0715 of the environ-
mental conservation law, subdivision 2 as amended by section 3, subdivi-
sion 3 as amended by section 4 and subdivision 4 as amended by section 5
of part KK of chapter 59 of the laws of 2009, subdivision 6 as added  by
section  32  of part F of chapter 82 of the laws of 2002 and paragraph a
of subdivision 6 as amended by chapter 344 of  the  laws  of  2008,  are
amended to read as follows:
  2.  A  member  of  the  Shinnecock  tribe or the Poospatuck tribe or a
member of the six nations, residing on any reservation wholly or  partly
within  the  state,  is  entitled  to  receive  free of charge a fishing
license, a [small and big game license, a sportsman] HUNTING license,  a
muzzle-loading  [stamp] PRIVILEGE, [a trapping license,] and a bow hunt-
ing [stamp] PRIVILEGE; a resident of the state who is a  member  of  the
United States armed forces in active service who is not stationed within
the  state  and  has not been herein longer than thirty days on leave or
furlough, is entitled to receive free of charge a fishing license[,] AND
a [small and big game] HUNTING license[,  and  a  trapping  license];  a
resident  of  the state who is an active member of the organized militia
of the state of New York as defined by section one of the military  law,
or  the reserve components of the armed forces of the United States, and
excluding members of the inactive national guard  and  individual  ready
reserve,  is entitled to receive free of charge a fishing license[,] AND
a [small and big game] HUNTING license[, and a trapping license]; and  a

S. 2608--B                         63                         A. 3008--B

resident  who  is blind is entitled to receive a fishing license free of
charge. For the purposes of this subdivision a person is blind  only  if
either:  (a)  his or her central visual acuity does not exceed 20/200 in
the  better  eye with correcting lenses, or (b) his or her visual acuity
is greater than 20/200 but is accompanied by a limitation of  the  field
of  vision such that the widest diameter of the visual field subtends an
angle no greater than 20 degrees.
  [A resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is  enti-
tled  to  receive  a  sportsman  license at the cost of ten dollars as a
license fee.]
  A resident in the state for a period of thirty days immediately  prior
to  the date of application who has attained the age of seventy is enti-
tled to receive a fishing license, and a [trapping] HUNTING license,  at
a cost of five dollars for each license.
  A  resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is  enti-
tled  to  receive  free  of  charge a bowhunting [stamp] PRIVILEGE and a
muzzle-loading [stamp] PRIVILEGE.
  3. Each applicant for a license, permit or [stamp] PRIVILEGE shall pay
to the issuing officer a  fee,  according  to  the  license,  permit  or
[stamp] PRIVILEGE issued and the residence or other qualification of the
applicant.
  a.  In  the  case  of persons who have been residents of the state for
[more than] A PERIOD OF thirty days immediately [preceding] PRIOR TO the
date of application or who are enrolled [in]  AS  a  full-time  [course]
STUDENT at a college or university within the state and who are in resi-
dence  in  the  state  for  the  school year, OR WHO ARE OUT OF STATE OR
FOREIGN EXCHANGE HIGH SCHOOL STUDENTS ENROLLED AS A FULL-TIME STUDENT IN
A HIGH SCHOOL WITHIN THE STATE AND WHO ARE IN RESIDENCE IN THE STATE FOR
THE SCHOOL YEAR, Indians residing off  reservations  in  the  state  and
members of the United States armed forces in active service stationed in
this  state  regardless  of place of residence at the time of entry into
service:
        License                                   Fee
        (1) [Super-sportsman                      $88.00
        (2) Trapper Super-sportsman               $88.00
        (3) Sportsman                             $47.00
        (4) Small and big game                    $29.00]
        (A) HUNTING                               $22.00
        (B) HUNTING AGES FIFTEEN AND UNDER        $ 5.00
        [(5)] (2) Fishing                         $[29.00]25.00
        [(6) Trapping                             $21.00
        (7) Small game                            $26.00
        (8) Junior trapping                       $ 6.00
        (9)] (3) Muzzle-loading [stamp]
        PRIVILEGE                                 $[21.00]11.00
        [(10)] (4) (A) Bowhunting [stamp]
        PRIVILEGE                                 $[21.00]20.00
        (B) BOWHUNTING PRIVILEGE AGES
        TWELVE THROUGH FIFTEEN                    $ 4.00
        [(11)] (5) Turkey permit                  $10.00
        [(12)] (6) Seven-day fishing              $15.00
        [(13) Conservation legacy                 $96.00
        (14)] (7) One-day fishing                 $ 5.00

S. 2608--B                         64                         A. 3008--B

  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]  AS  a
full-time  [course]  STUDENT at a college or university within the state
and who are in residence in the state for  the  school  year  and  those
members  of the United States armed forces as to whom fees are specified
in paragraph a of this subdivision:
        License                                   Fee
        (1) [Big game] (A) HUNTING                [$140.00] $100.00
        (B) HUNTING AGES FIFTEEN AND UNDER        $  5.00
        [(2) Small game                           $ 85.00
        (3)] (2) Fishing                          $ [70.00] 50.00
        [(4)] (3) Seven-day fishing               $ 35.00
        [(5) Trapping                             $310.00
        (6) Super-sportsman                       $280.00
        (7)] (4) (A) Bowhunting
        PRIVILEGE                                 $[140.00] 40.00
        (B) BOWHUNTING PRIVILEGE AGES TWELVE
        THROUGH FIFTEEN                           $  4.00
        [(8)] (5) Muzzle-loading
        PRIVILEGE                                 $[140.00] 30.00
        [(9) Bear tag                             $ 50.00
        (10)] (6) Turkey permit                   [$ 50.00] $20.00
        [(11)] (7) One-day fishing                [$ 15.00] $10.00
  c. In all cases:
        (1) Certificates in lieu of lost license or [stamp]
            PRIVILEGE or tag                                $ 5.00
        (2) Duplicate for lost or destroyed permit[, button]
            or tag                                          $10.00
        [(3) Junior hunting license                         $ 5.00
        (4) Junior archery license                          $ 9.00
        (5) One-day fishing license                         $15.00
        (6) Conservation patron license                     $12.00]
  4. A person, resident in the state for at least thirty days immediate-
ly prior to the date of application, who has been  honorably  discharged
from  service  in the armed forces of the United States and certified as
having a forty percent or greater service-connected disability is  enti-
tled  to  receive all licenses, [stamps] PRIVILEGE, tags, [buttons,] and
permits authorized by this title for which he or she is eligible, except
turkey permits, renewable each year for a five dollar fee.
  6. a. License issuing officers may retain 1.1  percent  of  the  gross
proceeds from the sale of [the following:
  (1) non-resident small game license
  (2) non-resident big game license
  (3) non-resident trapping license
  (4) bear tag
  (5) non-resident bowhunting license
  (6) non-resident muzzle-loading license
  (7) non-resident super-sportsman license
  (8) non-resident turkey permit
  (9)] all lifetime licenses listed in section 11-0702 of this title.
  b.  License  issuing  officers  may  retain  5.5  percent of the gross
proceeds from sale of all other [license, stamps] LICENSES, certificates
and  permits,  including  any  application  fees  associated  with  such
licenses, [stamps,] certificates and permits.
  S  6. Paragraphs c, d and e of subdivision 1 of section 11-0907 of the
environmental conservation law, paragraph c as amended by section 38 and

S. 2608--B                         65                         A. 3008--B

paragraphs d and e as added by section 40 of part F of chapter 82 of the
laws of 2002, are amended to read as follows:
  c.  The  limit  for wild deer is one deer per person in a license year
except that (1) a person  entitled  to  exercise  the  privileges  of  a
special  antlerless deer license may take an antlerless deer while hunt-
ing pursuant to such license in addition to the limit of one deer  in  a
license  year  otherwise  applicable,  (2) a person who is a member of a
hunting group holding a deer management permit or permits issued  pursu-
ant  to  section  11-0913 of this article may take additional deer while
hunting in accordance with the conditions of the permit or permits,  (3)
the  holder  of  a  bowhunting [license or stamp] PRIVILEGE or a muzzle-
loading [license or stamp] PRIVILEGE may take up to two additional deer,
pursuant to regulations promulgated by the department, and (4) an eligi-
ble non-ambulatory person, pursuant to subdivision 2 of section  11-0931
of this article may take a deer of either sex in any wildlife management
unit  area where deer management permits have been issued by the depart-
ment, while in possession of a valid license which authorizes the holder
to hunt big game. Nothing contained in this section shall  be  construed
to  limit the power of the department to designate by regulation an area
or areas of the state consisting of a county or part of a  county  where
such  season  shall apply and whether the number of such special permits
shall be limited.
  d. (1) A person who holds licenses or [stamps] PRIVILEGES  authorizing
the  holder to hunt deer during a special archery season and the regular
open season and who has taken a deer by longbow  in  a  special  archery
season  and  who  has  not taken a deer in a regular open season may, in
addition to the limit of one deer in a license year  otherwise  applica-
ble,  take  during the same license year additional deer as specified by
department regulation in a special archery season following the close of
the regular open deer season.
  (2) A person who holds licenses or [stamps] PRIVILEGES authorizing the
holder to hunt deer during a special archery season and the regular open
season and who has taken a deer by longbow in the  regular  open  season
for  deer  in  Westchester  or  Suffolk counties may, in addition to the
limit of one deer in a license year otherwise  applicable,  take  during
the  same  license year additional deer as specified by department regu-
lation during such Westchester  or  Suffolk  county  regular  open  deer
season.
  e.  A person who holds licenses or [stamps] PRIVILEGES authorizing the
holder to hunt deer during a special muzzle-loading season and the regu-
lar open season and who has taken a deer by muzzle-loading firearm in  a
muzzle-loading  season  and  who  has not taken a deer in a regular open
season may, in addition to the limit of  one  deer  in  a  license  year
otherwise applicable, take during the same year additional deer as spec-
ified  by  department  regulation  in  a  special  muzzle-loading season
following the close of the regular deer season.
  S 7. Paragraph c of subdivision 1 of section 11-0907 of  the  environ-
mental  conservation  law, as amended by section 39 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
  c. The limit for wild deer and bear is  one  deer  and  one  bear  per
person  in  a license year except that (1) a person entitled to exercise
the privileges of a special antlerless deer license may take an  antler-
less  deer  while  hunting  pursuant  to such license in addition to the
limit of one deer in a license year otherwise applicable, (2)  a  person
who  is  a member of a hunting group holding a deer management permit or
permits issued pursuant to section 11-0913  of  this  article  may  take

S. 2608--B                         66                         A. 3008--B

additional  deer  while hunting in accordance with the conditions of the
permit or permits, (3) the holder of a  bowhunting  license  or  [stamp]
PRIVILEGE  or  a muzzle-loading license or [stamp] PRIVILEGE may take up
to  two  additional  deer,  pursuant  to  regulations promulgated by the
department, and (4)  an  eligible  non-ambulatory  person,  pursuant  to
subdivision  2  of  section  11-0931  of this article may take a deer of
either sex in any wildlife management unit area  where  deer  management
permits  have  been  issued  by the department, while in possession of a
valid license which authorizes the holder  to  hunt  big  game.  Nothing
contained  in  this section shall be construed to limit the power of the
department to designate by regulation an area  or  areas  of  the  state
consisting of a county or part of a county where such season shall apply
and whether the number of such special permits shall be limited.
  S  8.  Paragraph a of subdivision 3 of section 11-0907 of the environ-
mental conservation law, as amended by section 41 of part F  of  chapter
82 of the laws of 2002, is amended to read as follows:
  a.  In  every  area identified in column one of the table set forth in
subdivision 2 of this section, except Westchester and  Suffolk  Counties
in  which  a  regular  open season for taking deer by firearms is estab-
lished and effective, a special open season is  established  for  taking
deer of either sex, by the use of a long bow only by holders of a [small
and  big  game, sportsman, or free sportsman] HUNTING license [to which]
WITH a valid bowhunting [stamp is affixed or  to  holders  of  a  junior
archery,  resident  or  non-resident  super-sportsman,  or  non-resident
bowhunting license] PRIVILEGE.
  S 9.  Paragraph a of subdivision 3 of section 11-0907 of the  environ-
mental  conservation  law, as amended by section 42 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
  a. In every area identified in column one of the table  set  forth  in
subdivision  2  of this section, except Westchester and Suffolk Counties
in which a regular open season for taking deer  by  firearms  is  estab-
lished  and  effective,  a special open season is established for taking
deer of either sex, and bear, by the use of a long bow only  by  holders
of  a [small and big game, sportsman, or free sportsman] HUNTING license
[to which] WITH a valid bowhunting [stamp is affixed or to holders of  a
junior  archery,  resident or non-resident super-sportsman, or non-resi-
dent bowhunting license] PRIVILEGE.
  S 10.  Paragraph a of subdivision 8 of section 11-0907 of the environ-
mental conservation law, as amended by section 45 of part F  of  chapter
82 of the laws of 2002, is amended to read as follows:
  a.  In  every  area identified in column one of the table set forth in
subdivision 2 of this section, except those areas restricted to  special
seasons  for  taking  deer  by longbow only, special open seasons may be
established by regulation for taking deer and/or bear,  by  the  use  of
muzzle-loading  firearms, of not less than .44 caliber shooting a single
projectile, by the holders of a [small and big game, sportsman  or  free
sportsman] HUNTING license [to which] WITH a valid muzzle-loading [stamp
is  affixed or to holders of a resident or non-resident super-sportsman,
or non-resident muzzle-loading license] PRIVILEGE.
  S 11. Subdivision 7 of section 11-0913 of the environmental  conserva-
tion  law,  as amended by section 6 of part KK of chapter 59 of the laws
of 2009, is amended to read as follows:
  7. The department shall charge and receive a fee of  ten  dollars  for
the application and the processing of such permit or permits. Applicants
who  are  successful  in  the  computerized  selection shall receive the
permit or permits free of any additional  charge.  The  application  fee

S. 2608--B                         67                         A. 3008--B

shall  be  non-refundable.  The department may waive the application fee
for holders of a lifetime  sportsman  license  existing  as  of  October
first,  two  thousand  nine[,  junior  archery  license, resident super-
sportsman  license,  or junior hunting license] AND HOLDERS OF A HUNTING
LICENSE LESS THAN SIXTEEN YEARS OF AGE.
  S 12. Subdivisions 4 and 5 of section  11-0929  of  the  environmental
conservation  law  are REPEALED, and subdivisions 1 and 2, as amended by
chapter 344 of the laws of 2008, are amended to read as follows:
  1. A licensee who is twelve or thirteen years of age shall not:
  A. hunt wildlife with a gun or a longbow, OTHER THAN DEER OR BEAR WITH
A LONGBOW AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, unless  he  or
she  is  accompanied  by  his  or  her parent or legal guardian, or by a
person twenty-one years of age or older designated in writing by his  or
her parent or legal guardian on a form prescribed by the department, who
holds a license which authorizes the holder to hunt wildlife[.];
  B. HUNT DEER OR BEAR WITH A LONGBOW UNLESS:
  (1)  HE  OR SHE IS ACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN,
OR BY A PERSON DESIGNATED IN WRITING BY HIS OR HER PARENT OR LEGAL GUAR-
DIAN ON A FORM PRESCRIBED BY THE DEPARTMENT WHO IS TWENTY-ONE  YEARS  OF
AGE OR OLDER, AND
  (2)  SUCH  PARENT,  GUARDIAN OR PERSON HAS HAD AT LEAST THREE YEARS OF
EXPERIENCE IN HUNTING DEER OR BEAR WITH A LONGBOW, AND
  (3) SUCH PARENT, GUARDIAN OR PERSON HOLDS A HUNTING LICENSE, AND
  (4) SUCH PARENT, GUARDIAN OR PERSON MAINTAINS  PHYSICAL  CONTROL  OVER
THE  MINOR HE OR SHE IS ACCOMPANYING AT ALL TIMES WHILE HUNTING. FOR THE
PURPOSES OF THIS PARAGRAPH "PHYSICAL CONTROL" SHALL MEAN THAT THE  PHYS-
ICAL  PROXIMITY  OF  THE MINOR TO THE PARENT, GUARDIAN OR PERSON IS SUCH
THAT THE PARENT, GUARDIAN OR PERSON IS REASONABLY ABLE TO  ISSUE  VERBAL
DIRECTIONS  AND  INSTRUCTIONS,  MAINTAIN  CONSTANT  VISUAL  CONTACT, AND
OTHERWISE PROVIDE GUIDANCE AND SUPERVISION TO THE MINOR.
  2. A licensee who is fourteen or fifteen years of age shall not:
  a. hunt wildlife with a gun or longbow, other than wild deer  or  bear
as provided in paragraph b OR C of this subdivision, unless he or she is
accompanied  by  his  or  her parent or legal guardian holding a license
which authorizes the holder to hunt wildlife, or by  a  person  eighteen
years  of  age  or  older, designated in writing by his or her parent or
legal guardian, holding such license;
  b. hunt wild deer or bear with a gun unless:
  (1) he or she is accompanied by his or her parent or a legal guardian,
or a youth mentor who is twenty-one years of age or older designated  in
writing  by  the  parent  or  legal  guardian  of the licensee on a form
prescribed by the department; and
  (2) such parent, guardian or youth mentor has had at least three years
of experience in hunting big game; and
  (3) such parent, guardian  or  youth  mentor  holds  a  license  which
authorizes the holder to hunt big game; and
  (4)  such  parent, guardian or youth mentor maintains physical control
over the minor he or she is accompanying at all times while hunting; and
  (5) such parent, guardian or youth mentor and the minor he or  she  is
accompanying remain at ground level at all times while hunting; and
  (6)  such  parent, guardian or youth mentor and the minor he or she is
accompanying shall each display either a minimum total  of  two  hundred
fifty square inches of solid fluorescent orange or patterned fluorescent
orange consisting of no less than fifty percent fluorescent orange mate-
rial  worn  above the waist and visible from all directions, or a hat or
cap with no less than fifty percent of the exterior consisting of  solid

S. 2608--B                         68                         A. 3008--B

fluorescent  orange  material  and  visible  from  all  directions.  For
purposes of this paragraph, "physical control" shall mean that the phys-
ical proximity of the minor to the parent, guardian or youth  mentor  is
such  that  the  parent,  guardian or youth mentor is reasonably able to
issue verbal  directions  and  instructions,  maintain  constant  visual
contact, and otherwise provide guidance and supervision to the minor.
  C. HUNT DEER OR BEAR WITH A LONGBOW UNLESS HE OR SHE IS ACCOMPANIED BY
HIS  OR HER PARENT OR LEGAL GUARDIAN, OR BY A PERSON DESIGNATED IN WRIT-
ING BY HIS OR HER PARENT OR LEGAL GUARDIAN ON A FORM PRESCRIBED  BY  THE
DEPARTMENT  WHO  IS  EIGHTEEN  YEARS  OF AGE OR OLDER AND WHO HAS HAD AT
LEAST ONE YEAR OF EXPERIENCE IN HUNTING DEER OR  BEAR  BY  LONGBOW,  AND
SUCH  ACCOMPANYING  PARENT,  GUARDIAN  OR  PERSON  HOLDS A LICENSE WHICH
AUTHORIZES THE HOLDER TO HUNT BIG GAME DURING THE SPECIAL ARCHERY SEASON
AND THE REGULAR OPEN SEASON.
  S 13. Subdivision 1 of section 13-0355 of the environmental  conserva-
tion  law,  as amended by section 1 of part AA of chapter 60 of the laws
of 2011, is amended to read as follows:
  1. Definitions of registrations;  privileges.  A  recreational  marine
fishing  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 registration is effective for [a registra-
tion year beginning January first and ending December thirty-first]  ONE
YEAR FROM THE DATE IT WAS ISSUED.
  S 14. Section 9 of part AA of chapter 60 of the laws of 2011, amending
the  environmental  conservation  law relating to saltwater recreational
fishing registrations, is amended to read as follows:
  S 9. This act shall take effect immediately [and shall expire  and  be
deemed repealed December 31, 2013].
  S  15.  Subdivisions  1  and 2 of section 11-0702 of the environmental
conservation law, subdivision 1 as amended by section 2 of  part  AA  of
chapter  60  of the laws of 2011 and subdivision 2 as amended by section
18 of part F of chapter 82 of the laws of 2002, are amended to  read  as
follows:
  1.  There  are hereby created the following lifetime hunting, fishing,
[trapping,]  archery  and  muzzle-loading  licenses  and  fees  therefor
subject  to  the  same  privileges and obligations of a comparable short
term license:

             Licenses                               Fees
      a. Lifetime [sportsman] HUNTING
     license, FISHING LICENSE and turkey
     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

S. 2608--B                         69                         A. 3008--B

      b. Lifetime [small and
     big game] HUNTING 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] PRIVILEGE.                             $235.00

      [g.] F. Lifetime muzzle-
     loading [stamp] PRIVILEGE.                     $235.00

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

  The holder of a lifetime [small and big game] HUNTING license or LIFE-
TIME  fishing  license may, at any time, convert such license to a life-
time [sportsman] license [and turkey permit] PURSUANT TO PARAGRAPH A  OF
THIS  SUBDIVISION for an additional fee equal to the [existing differen-
tial] DIFFERENCE BETWEEN THE CURRENT FEE FOR THE NEW LICENSE AND THE FEE
ORIGINALLY PAID FOR THE LICENSE.
  2. Legal residency within the state of New York shall be  a  prerequi-
site  for  persons  to  obtain,  or have obtained for them, any lifetime
licenses included within this section.  Lifetime  licenses  so  obtained
shall  continue  to  be  valid for use within the state by the person to
whom the lifetime license was issued, regardless of a change in residen-
cy of that lifetime license holder. Holders of lifetime  licenses  which
include  lifetime [big game] HUNTING privileges who become non-residents
of the state may continue to obtain resident bowhunting and muzzle-load-
ing [stamps] PRIVILEGES, including lifetime archery  and  muzzle-loading
[stamps]  PRIVILEGES.    Holders  of  lifetime  [licenses which include]
bowhunting and muzzle-loading privileges who become non-residents of the
state may continue to obtain resident  [big  game]  HUNTING  privileges,
including  A lifetime [sportsman or small and big game licenses] LICENSE
WITH HUNTING PRIVILEGES.  [An annual turkey permit will be granted at no
additional fee as an  additional  privilege  of  all  existing  lifetime
sportsman licenses.] Possession of lifetime licenses is nontransferable.
  S  16.  The  department  of environmental conservation shall no longer
issue new lifetime trapping licenses on or  after  April  1,  2013.  Any
holder  of  a lifetime trapping license as of February 22, 2013 shall be
issued a lifetime hunting license or, if such holder also has a lifetime
hunting license, a refund based on  the  fee  originally  paid  for  the
license.
  S  17.  The  section  heading  of section 11-0707 of the environmental
conservation law is amended to read as follows:
Exemptions from requirement of hunting[, big  game,]  AND  fishing  [and
             trapping] licenses.

S. 2608--B                         70                         A. 3008--B

  S  18. Subdivision 5 of section 11-1911 of the environmental conserva-
tion law, as amended by chapter 57 of the laws of 1993,  is  amended  to
read as follows:
  5.  The holder of a fishing, [three] ONE-day or [five] SEVEN-day fish-
ing, [combination] OR A  free  [hunting-big  game  hunting-]fishing  [or
combined  resident  hunting,  fishing  and  big game license or combined
non-resident hunting, fishing, big game, bowhunting and  muzzle-loading]
license,  or  a  person  entitled  to  exercise the privileges of such a
license, may, with the permission of the licensee, take fish by  angling
from  the licensed pond provided the holder complies with the provisions
of title 13 of the Fish and Wildlife Law, with respect to open  seasons,
minimum size limits and daily and seasonal possession limits.
  S  19. Subdivision 8 of section 71-0921 of the environmental conserva-
tion law, as amended by chapter 595 of the laws of 1984, is  amended  to
read as follows:
  8.  Making a false statement in applying for a license, [stamp] PRIVI-
LEGE or permit under the Fish and Wildlife Law, or for a certificate  in
lieu  of  a  lost license or [stamp] PRIVILEGE or a duplicate [big game]
HUNTING license tag under title 7 of article 11 of  this  chapter.  Each
such  misdemeanor  shall be punishable by imprisonment for not more than
three months, or by a fine of not more than two hundred dollars,  or  by
both  such  imprisonment and fine. In addition, the department may imme-
diately revoke the license, [stamp] PRIVILEGE, permit or certificate for
which application was made for the remainder of its effective term.
  S 20. This act shall take effect February 1, 2014; provided,  however,
that  the  amendments to paragraph c of subdivision 1 of section 11-0907
of the environmental conservation law made by section six  of  this  act
and the amendments to paragraph a of subdivision 3 of section 11-0907 of
the  environmental  conservation  law  made by section eight of this act
shall not affect the expiration of such paragraphs pursuant  to  section
13  of  chapter 600 of the laws of 1993, as amended, when upon such date
sections seven and nine of this act shall take effect, provided further,
that the amendments to section 9 of part AA of chapter 60 of the laws of
2011 made by section fourteen of this act and section  sixteen  of  this
act shall take effect immediately.

                                 PART S

  Section  1.  Legislative  findings.  The  legislature hereby finds and
determines:
  1. In 2011 and 2012, three storms of enormous  magnitude  -  Hurricane
Irene, Tropical Storm Lee and Superstorm Sandy - each battered New York,
causing  billions  of  dollars  of  damage to roads, buildings and other
infrastructure. The three storms collectively resulted  in  millions  of
residential,  business  and  industrial  customers of electric utilities
losing electricity for extended periods of time.
  2. Each of these storms caused, among other things,  a  disruption  in
the  distribution  and  supply of motor fuels, and in the case of Super-
storm Sandy, motorists were unable to obtain routine  supplies  of  fuel
for several weeks.
  3.  In  addition,  temporary  fuel distribution disruptions associated
with the aftermath of a storm  can  result  in  emergency  vehicles  and
responders unable to adequately address ongoing public safety and health
emergencies,  delay  an  appropriate  response to infrastructure damages
caused by a storm, and otherwise disrupt commerce in the  state  due  to
difficulty to obtain readily available motor fuels.

S. 2608--B                         71                         A. 3008--B

  4.  On  November  15,  2012, in response to Superstorm Sandy, Governor
Andrew M.  Cuomo announced the creation of the NYS Ready Commission  and
tasked  it with finding ways to ensure critical systems and services are
prepared for future natural disasters and other emergencies. As  related
to  this  act, the Commission was tasked with addressing vulnerabilities
in the state's energy systems.
  5. The NYS  Ready  Commission  recommended,  among  other  things,  to
require that retail gasoline outlets located in strategic locations have
on-site  back-up power capacity to ensure that such outlets can continue
fuel sales operations during a long-term electric outage. The purpose of
this act is to ensure that the state is better situated in the future to
address the temporary disruption of retail fuel supplies.
  S 2. The agriculture and markets  law  is  amended  by  adding  a  new
section 192-h to read as follows:
  S  192-H. ALTERNATE GENERATED POWER SOURCE AT RETAIL GASOLINE OUTLETS.
1. DEFINITIONS. WHEN USED IN THIS SECTION:
  (A) "ALTERNATE  GENERATED  POWER  SOURCE"  MEANS  ELECTRIC  GENERATING
EQUIPMENT  THAT  IS  OF A CAPACITY THAT IS CAPABLE OF PROVIDING ADEQUATE
ELECTRICITY TO OPERATE ALL DISPENSERS, DISPENSING EQUIPMENT, LIFE SAFETY
SYSTEMS AND PAYMENT-ACCEPTANCE EQUIPMENT LOCATED AT A RETAIL OUTLET  AND
WHICH CAN OPERATE INDEPENDENT OF THE LOCAL ELECTRIC UTILITY DISTRIBUTION
SYSTEM AND PROVIDE ELECTRICITY DURING A GENERAL POWER OUTAGE OR DECLARED
FUEL SUPPLY ENERGY EMERGENCY TO OPERATE THE SYSTEMS NAMED HEREIN.
  (B)  "CHAIN OF RETAIL OUTLETS" MEANS A NETWORK OF SUBSIDIARIES, AFFIL-
IATES OR OTHER RETAIL OUTLETS, UNDER DIRECT OR INDIRECT COMMON  CONTROL,
WITH  TEN  OR  MORE RETAIL OUTLETS LOCATED IN A SINGLE REGION; PROVIDED,
HOWEVER THAT THIS TERM DOES NOT INCLUDE ANY FRANCHISOR OF THE  BRAND  OF
MOTOR FUEL BEING SOLD AT SUCH OUTLET.
  (C)  "CONTROLLED ACCESS HIGHWAY" MEANS EVERY HIGHWAY, STREET, OR ROAD-
WAY IN RESPECT TO WHICH OWNERS OR OCCUPANTS OF ABUTTING LANDS AND  OTHER
PERSONS HAVE NO LEGAL RIGHT OF ACCESS TO OR FROM THE SAME EXCEPT AT SUCH
POINTS  ONLY  AND  IN  SUCH  MANNER  AS  MAY BE DETERMINED BY THE PUBLIC
AUTHORITY HAVING JURISDICTION OVER SUCH HIGHWAY, STREET, OR ROADWAY.
  (D) "DIESEL MOTOR FUEL" MEANS ANY FUEL SOLD IN THIS STATE AND FOR  USE
IN  DIESEL  ENGINES  WHICH  IS COMMERCIALLY KNOWN OR OFFERED FOR SALE AS
DIESEL MOTOR FUEL.
  (E) "DISPENSER" MEANS A DEVICE LOCATED AT A RETAIL OUTLET THAT IS USED
TO PUMP MOTOR FUEL FROM AN ABOVE GROUND OR UNDERGROUND STORAGE TANK INTO
A MOTOR VEHICLE.
  (F) "EVACUATION ROUTE" MEANS THOSE ROADS  DESIGNATED  BY  EACH  COUNTY
THAT ARE TO BE USED BY MOTORISTS IN CASE OF A HURRICANE OR OTHER NATURAL
DISASTER.
  (G)  "GASOLINE"  MEANS ANY FUEL SOLD IN THIS STATE FOR USE IN INTERNAL
COMBUSTION ENGINES WHICH IS COMMERCIALLY KNOWN OR OFFERED  FOR  SALE  AS
GASOLINE, WHETHER OR NOT BLENDED WITH ETHANOL OR OTHER CHEMICALS.
  (H)  "MOTOR  FUEL" MEANS ANY PETROLEUM PRODUCT, INCLUDING ANY GASOLINE
OR DIESEL MOTOR FUEL, WHICH IS USED FOR THE PROPULSION  OF  MOTOR  VEHI-
CLES.
  (I) "REGION" MEANS EACH OF THE FOLLOWING REGIONS OF THE STATE:
  (1)  CAPITAL  REGION:  INCLUDES  ALBANY, COLUMBIA, GREENE, RENSSELAER,
SARATOGA, SCHENECTADY, WARREN AND WASHINGTON COUNTIES.
  (2) CENTRAL NEW YORK REGION: INCLUDES CAYUGA, CORTLAND, MADISON, ONON-
DAGA AND OSWEGO COUNTIES.
  (3) FINGER LAKES REGION: INCLUDES GENESEE, LIVINGSTON, MONROE,  ONTAR-
IO, ORLEANS, SENECA, WAYNE, WYOMING AND YATES COUNTIES.
  (4) LONG ISLAND REGION: INCLUDES NASSAU AND SUFFOLK COUNTIES.

S. 2608--B                         72                         A. 3008--B

  (5)  MID-HUDSON  REGION:  INCLUDES DUTCHESS, ORANGE, PUTNAM, ROCKLAND,
SULLIVAN, ULSTER AND WESTCHESTER COUNTIES.
  (6) MOHAWK VALLEY REGION: INCLUDES FULTON, HERKIMER, MONTGOMERY, ONEI-
DA, OTSEGO AND SCHOHARIE COUNTIES.
  (7)  NEW YORK CITY REGION: INCLUDES BRONX, KINGS, NEW YORK, QUEENS AND
RICHMOND COUNTIES.
  (8) NORTH COUNTRY REGION: INCLUDES CLINTON, ESSEX, FRANKLIN, HAMILTON,
JEFFERSON, LEWIS AND ST. LAWRENCE COUNTIES.
  (9) SOUTHERN TIER REGION: INCLUDES BROOME,  CHEMUNG,  CHENANGO,  DELA-
WARE, SCHUYLER, STEUBEN, TIOGA AND TOMPKINS COUNTIES.
  (10) WESTERN NEW YORK REGION: INCLUDES ALLEGANY, CATTARAUGUS, CHAUTAU-
QUA, ERIE AND NIAGARA COUNTIES.
  (J)  "RETAILER"  SHALL  MEAN  ANY  PERSON  WHO OWNS, LEASES, OPERATES,
CONTROLS, OR SUPERVISES A RETAIL OUTLET THAT IS SUBJECT TO THE  REQUIRE-
MENTS OF SUBDIVISION TWO OF THIS SECTION.
  (K) "RETAIL OUTLET" MEANS A FACILITY, INCLUDING ALL LAND, IMPROVEMENTS
AND  ASSOCIATED  STRUCTURES AND EQUIPMENT, THAT DISPENSES MOTOR FUEL FOR
SALE TO THE GENERAL PUBLIC.
  (L) "SUBSTANTIAL IMPROVEMENT" MEANS ANY REPAIR, RECONSTRUCTION,  REHA-
BILITATION,  ADDITION  OR  IMPROVEMENT  OF  A RETAIL OUTLET, THE COST OF
WHICH EQUALS OR EXCEEDS FIFTY PERCENT OF THE MARKET VALUE OF THE  RETAIL
OUTLET BEFORE THE IMPROVEMENT OR REPAIR IS STARTED.
  2.  PREWIRING  AND  TRANSFER SWITCH. (A) EACH NEWLY CONSTRUCTED RETAIL
OUTLET AND EACH RETAIL OUTLET MODIFIED BY A SUBSTANTIAL IMPROVEMENT  FOR
WHICH  A BUILDING PERMIT IS ISSUED ON OR AFTER MARCH FIRST, TWO THOUSAND
FOURTEEN, SHALL BE PREWIRED WITH  AN  APPROPRIATE  TRANSFER  SWITCH  FOR
USING  AN ALTERNATE GENERATED POWER SOURCE CAPABLE OF PROVIDING ADEQUATE
ELECTRICITY TO OPERATE ALL DISPENSERS, DISPENSING EQUIPMENT, LIFE SAFETY
SYSTEMS, AND PAYMENT-ACCEPTANCE EQUIPMENT AT EACH SUCH RETAIL OUTLET.
  (B) NO LATER THAN MARCH FIRST, TWO THOUSAND FOURTEEN: (I) EACH  EXIST-
ING  RETAIL OUTLET THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD MEASURE-
MENT, EXCLUSIVE OF THE EXIT ROAD, FROM AN EVACUATION ROUTE OR CONTROLLED
ACCESS HIGHWAY; OR (II) FIFTY PERCENT OF  ALL  EXISTING  RETAIL  OUTLETS
THAT  ARE  PART OF A CHAIN OF RETAIL OUTLETS EXCLUSIVE OF THOSE INCLUDED
IN SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE PREWIRED WITH  AN  APPRO-
PRIATE  TRANSFER  SWITCH  FOR  USING AN ALTERNATE GENERATED POWER SOURCE
CAPABLE OF PROVIDING ADEQUATE ELECTRICITY  TO  OPERATE  ALL  DISPENSERS,
DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS, AND PAYMENT-ACCEPTANCE EQUIP-
MENT  AT  SUCH RETAIL OUTLET; PROVIDED, HOWEVER, THAT EACH RETAIL OUTLET
THAT DOES NOT MEET THE CRITERIA IN SUBPARAGRAPH (I)  OF  THIS  PARAGRAPH
THAT  IS  PART OF A CHAIN OF RETAIL OUTLETS SHALL BE REQUIRED TO INSTALL
SUCH EQUIPMENT BY NO LATER THAN MARCH FIRST, TWO THOUSAND  SIXTEEN;  AND
FURTHER  PROVIDED THAT THE REQUIREMENTS OF THIS PARAGRAPH ARE INAPPLICA-
BLE TO ANY RETAIL OUTLET  THAT  SOLD  LESS  THAN  SEVENTY-FIVE  THOUSAND
GALLONS PER MONTH ON AVERAGE OF MOTOR FUEL IN CALENDAR YEAR TWO THOUSAND
TWELVE.
  (C) SUCH TRANSFER SWITCH AND ALL ASSOCIATED ELECTRICAL WIRING SHALL BE
INSTALLED,  OPERATED,  AND  MAINTAINED IN COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE NEW YORK STATE UNIFORM FIRE  PREVENTION  AND  BUILDING
CODE  OR ANY APPLICABLE LOCAL BUILDING CODE OR STANDARD. INSTALLATION OF
APPROPRIATE WIRING  AND  TRANSFER  SWITCHES  SHALL  BE  PERFORMED  BY  A
LICENSED ELECTRICAL CONTRACTOR.
  (D)  EACH  RETAILER  SHALL KEEP ON FILE AT THE RETAIL OUTLET A WRITTEN
STATEMENT IN A FORM APPROVED BY THE DEPARTMENT AND CONTAINING AN  ATTES-
TATION  BY  A  LICENSED  ELECTRICIAN THAT THE WIRING AND TRANSFER SWITCH
WERE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS.  IN

S. 2608--B                         73                         A. 3008--B

ADDITION,  EACH  SUCH  RETAILER MUST KEEP ON FILE AT THE RETAIL OUTLET A
WRITTEN STATEMENT ATTESTING TO THE PERIODIC TESTING OF AND ENSURED OPER-
ATIONAL CAPACITY OF THE EQUIPMENT.
  3.  PLAN  FOR ALTERNATE GENERATED POWER SOURCE. EACH RETAILER SHALL BY
MARCH FIRST, TWO THOUSAND FOURTEEN HAVE  IN  PLACE  AT  EACH  APPLICABLE
RETAIL  OUTLET  A  WRITTEN  PLAN IN A FORM APPROVED BY THE DEPARTMENT TO
DEPLOY AND INSTALL WITHIN TWENTY-FOUR HOURS OF EITHER THE DECLARATION OF
AN ENERGY OR FUEL SUPPLY EMERGENCY ISSUED BY THE  GOVERNOR,  THE  COUNTY
EXECUTIVE  OR  CHIEF ELECTED OFFICIAL OF A COUNTY OR THE MAYOR OF A CITY
WITH A POPULATION IN EXCESS OF ONE MILLION INHABITANTS OR  THE  LOSS  OF
ELECTRIC  POWER, WHICHEVER IS LATER, AN ALTERNATE GENERATED POWER SOURCE
CAPABLE OF PROVIDING ADEQUATE ELECTRICITY  TO  OPERATE  ALL  DISPENSERS,
DISPENSING  EQUIPMENT, LIFE SAFETY SYSTEMS AND PAYMENT-ACCEPTANCE EQUIP-
MENT LOCATED AT SUCH RETAIL OUTLET; PROVIDED, HOWEVER,  THAT,  FOR  EACH
RETAILER  THAT  IS  PART OF A CHAIN OF RETAIL OUTLETS, SUCH WRITTEN PLAN
SHALL BE IN PLACE BY THE DATE  OF  INSTALLATION  OF  THE  PREWIRING  AND
TRANSFER  SWITCH  REQUIRED TO BE INSTALLED UNDER SUBDIVISION TWO OF THIS
SECTION; AND FURTHER PROVIDED THAT IN THE CASE OF  A  RETAILER  THAT  IS
PART OF A CHAIN OF RETAIL OUTLETS AND TO WHICH SUBPARAGRAPH (I) OF PARA-
GRAPH  (B)  OF  SUBDIVISION TWO OF THIS SECTION DOES NOT APPLY, THE PLAN
SHALL PROVIDE FOR THE DEPLOYMENT  AND  INSTALLATION  WITHIN  FORTY-EIGHT
HOURS.    SUCH  PLAN SHALL INCLUDE, AMONG OTHER THINGS, EITHER A RECEIPT
SHOWING OWNERSHIP OF SUCH POWER SOURCE OR A CONTRACT WITH A SUPPLIER  OF
SUCH  POWER  SOURCE  STATING THAT SUCH POWER SOURCE WILL BE PROVIDED AND
INSTALLED WITHIN THE TWENTY-FOUR HOUR PERIOD.
  4. INSPECTION;  RECORDKEEPING;  REPORTING.  THE  COMMISSIONER  OR  THE
COMMISSIONER'S  DESIGNEE  SHALL  BE  AUTHORIZED  TO ENTER DURING REGULAR
BUSINESS HOURS UPON A RETAIL OUTLET SUBJECT TO THE REQUIREMENTS OF  THIS
SECTION FOR THE PURPOSE OF DETERMINING COMPLIANCE WITH THE PROVISIONS OF
THIS  SECTION  AND  ANY  RULES OR REGULATIONS PROMULGATED HEREUNDER. ALL
DOCUMENTS REQUIRED PURSUANT  TO  SUBDIVISIONS  TWO  AND  THREE  OF  THIS
SECTION  SHALL  BE  MAINTAINED  AT THE APPLICABLE RETAIL OUTLET AND MADE
AVAILABLE TO  THE  COMMISSIONER  OR  THE  COMMISSIONER'S  DESIGNEE  UPON
REQUEST.  IN ADDITION, EACH RETAILER OF A RETAIL OUTLET SHALL PROVIDE TO
THE DEPARTMENT BY MARCH FIRST, TWO THOUSAND FOURTEEN AND EVERY TWO YEARS
THEREAFTER WRITTEN DOCUMENTATION IN A FORM APPROVED  BY  THE  DEPARTMENT
CERTIFYING  THAT  SUCH  RETAIL OUTLET IS IN COMPLIANCE WITH THE REQUIRE-
MENTS OF SUBDIVISIONS TWO AND THREE  OF  THIS  SECTION,  AND  ANY  OTHER
REQUIREMENT SPECIFIED BY ANY RULES OR REGULATIONS PROMULGATED HEREUNDER;
PROVIDED,  HOWEVER, THAT, FOR EACH RETAIL OUTLET THAT IS PART OF A CHAIN
OF RETAIL OUTLETS, SUCH WRITTEN NOTIFICATION SHALL BE  PROVIDED  TO  THE
DEPARTMENT WITHIN TEN DAYS AFTER THE DATE OF INSTALLATION OF THE PREWIR-
ING  AND  TRANSFER SWITCH REQUIRED TO BE INSTALLED UNDER SUBDIVISION TWO
OF THIS SECTION AND EVERY TWO YEARS THEREAFTER.
  5. EMERGENCY DEPLOYMENT. IN THE EVENT THAT A DECLARATION OF AN  ENERGY
OR FUEL SUPPLY EMERGENCY ISSUED BY THE GOVERNOR, THE COUNTY EXECUTIVE OR
CHIEF  ELECTED  OFFICIAL OF A COUNTY OR THE MAYOR OF A CITY WITH A POPU-
LATION IN EXCESS OF ONE MILLION INHABITANTS, IS IN EFFECT AND  A  RETAIL
OUTLET  SUBJECT  TO THE REQUIREMENTS OF THIS SECTION IS WITHOUT ELECTRIC
POWER, EACH RETAILER SHALL DEPLOY AND  INSTALL  AN  ALTERNATE  GENERATED
POWER  SOURCE TO PROVIDE ADEQUATE ELECTRICITY TO OPERATE ALL DISPENSERS,
DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS AND PAYMENT-ACCEPTANCE  EQUIP-
MENT  LOCATED  AT EACH RETAIL OUTLET SUBJECT TO THE REQUIREMENTS OF THIS
SECTION WITHIN TWENTY-FOUR HOURS OF EITHER THE DECLARATION OF SUCH EMER-
GENCY OR THE LOSS OF ELECTRIC POWER, WHICHEVER IS LATER;  PROVIDED  THAT
IN  THE CASE OF A RETAILER THAT IS PART OF A CHAIN OF RETAIL OUTLETS AND

S. 2608--B                         74                         A. 3008--B

TO WHICH SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION  TWO  OF  THIS
SECTION  DOES  NOT  APPLY,  THE  DEPLOYMENT AND INSTALLATION SHALL OCCUR
WITHIN FORTY-EIGHT HOURS OF EITHER THE DECLARATION OF SUCH EMERGENCY  OR
THE  LOSS  OF  ELECTRIC  POWER,  WHICHEVER IS LATER. NOTWITHSTANDING THE
FOREGOING, SUCH RETAILER SHALL NOT BE IN VIOLATION OF  THIS  SUBDIVISION
IF HE OR SHE IS UNABLE TO DEPLOY, INSTALL OR OPERATE AN ALTERNATE GENER-
ATED POWER SOURCE BECAUSE OF UNCONTROLLABLE CIRCUMSTANCES, INCLUDING BUT
NOT LIMITED TO RESTRICTIONS IMPOSED BY PUBLIC SAFETY OFFICERS TO ADDRESS
AN  EMERGENCY  SITUATION  OR  THAT SUCH RETAIL STATION IS MADE UNSAFE OR
UNABLE TO OPERATE DUE TO ACTS OF GOD, FIRES, FLOODS, EXPLOSIONS  OR  THE
SAFETY OF PERSONNEL NEEDED TO OPERATE SUCH EQUIPMENT.
  6.  RULES  AND REGULATIONS; NOTIFICATION OF APPLICABILITY. THE COMMIS-
SIONER SHALL HAVE THE AUTHORITY, WITH THE ASSISTANCE OF THE COMMISSIONER
OF TRANSPORTATION, THE COMMISSIONER OF HOMELAND SECURITY  AND  EMERGENCY
SERVICES  AND THE SECRETARY OF STATE, TO PROMULGATE SUCH RULES AND REGU-
LATIONS AS THE COMMISSIONER  SHALL  DEEM  NECESSARY  TO  EFFECTUATE  THE
PURPOSES OF THIS SECTION. THE COMMISSIONER SHALL BY MAY FIRST, TWO THOU-
SAND  THIRTEEN:    (A)  NOTIFY  BY  FIRST CLASS MAIL ALL EXISTING RETAIL
OUTLETS THAT APPEAR TO MEET THE CRITERIA SPECIFIED IN PARAGRAPH  (B)  OF
SUBDIVISION  TWO OF THIS SECTION OF THE REQUIREMENTS OF THIS SECTION AND
INCLUDE WITH SUCH NOTIFICATION ANY OTHER INFORMATION DEEMED NECESSARY BY
THE COMMISSIONER, INCLUDING INFORMATION REGARDING  APPLICABILITY  CRITE-
RIA,  COMPLIANCE  MEASURES AND POTENTIAL GRANT ASSISTANCE; (B) PROVIDE A
LIST OF ALL SUCH RETAIL OUTLETS TO THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY; AND (C) POST SUCH LIST ON
THE DEPARTMENT'S WEBSITE. ANY RETAILER OF A RETAIL OUTLET  SPECIFIED  ON
SUCH LIST SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION UNLESS HE
OR  SHE  PROVIDES WRITTEN DOCUMENTATION TO THE DEPARTMENT BY JULY FIRST,
TWO THOUSAND THIRTEEN PROVING THAT SUCH OUTLET DOES NOT QUALIFY PURSUANT
TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS  SECTION.  THE  COMMISSIONER
SHALL  UPDATE  SUCH  LIST EVERY FIVE YEARS THEREAFTER AND NOTIFY ALL NEW
RETAIL OUTLETS THAT BECOME SUBJECT TO THE REQUIREMENTS OF THIS  SECTION;
PROVIDED, HOWEVER, THAT COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION
IS NOT CONDITIONED ON SUCH NOTIFICATION.
  7.  VIOLATIONS  AND  PENALTIES. ANY RETAILER WHO VIOLATES, DISOBEYS OR
DISREGARDS ANY PROVISION OF THIS SECTION,  OR  ANY  RULE  OR  REGULATION
PROMULGATED  HEREUNDER, SHALL BE LIABLE TO THE PEOPLE OF THE STATE FOR A
CIVIL PENALTY OF UP TO TWO THOUSAND  DOLLARS  PER  DAY  FOR  EVERY  SUCH
VIOLATION, TO BE ASSESSED BY THE COMMISSIONER, AFTER A HEARING OR OPPOR-
TUNITY  TO BE HEARD UPON DUE NOTICE AND WITH THE RIGHT TO REPRESENTATION
BY COUNSEL. SUCH PENALTY MAY BE RECOVERED IN AN ACTION  BROUGHT  BY  THE
ATTORNEY  GENERAL  AT THE REQUEST AND IN THE NAME OF THE COMMISSIONER IN
ANY COURT OF COMPETENT JURISDICTION. SUCH CIVIL PENALTY MAY BE  RELEASED
OR  COMPROMISED  BY THE COMMISSIONER BEFORE THE MATTER HAS BEEN REFERRED
TO THE ATTORNEY GENERAL.  ADDITIONALLY, AFTER SUCH HEARING AND A FINDING
THAT SUCH RETAILER HAS VIOLATED THE PROVISIONS OF THIS  SECTION,  OR  OF
ANY  RULE  OR  REGULATION  PROMULGATED  THEREUNDER, THE COMMISSIONER MAY
ISSUE AND CAUSE TO BE SERVED UPON SUCH PERSON AN  ORDER  ENJOINING  SUCH
PERSON  FROM  VIOLATING SUCH PROVISIONS AND TAKING ALL NECESSARY ACTIONS
FOR SUCH PERSON TO COME INTO COMPLIANCE WITH SUCH PROVISIONS.  ANY  SUCH
ORDER  OF  THE  COMMISSIONER MAY BE ENFORCED IN AN ACTION BROUGHT BY THE
ATTORNEY GENERAL AT THE REQUEST AND IN THE NAME OF THE  COMMISSIONER  IN
ANY COURT OF COMPETENT JURISDICTION.
  8.  THE  PROVISIONS  OF THIS SECTION SHALL SUPERSEDE ALL LOCAL LAWS OR
ORDINANCES RELATING TO THE INSTALLATION AND DEPLOYMENT OF  AN  ALTERNATE

S. 2608--B                         75                         A. 3008--B

GENERATED  POWER  SOURCE OR ANY RELATED ELECTRICAL OR OTHER EQUIPMENT AT
ANY RETAIL OUTLET.
  9.  THE PROVISIONS OF THIS SECTION SHALL BE CONTINGENT ON THE APPROVAL
OF FEDERAL MITIGATION FUNDS FOR THE PROGRAM ESTABLISHED  UNDER  SUBDIVI-
SION TWENTY OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHOR-
ITIES LAW.
  S 3. Section 1854 of the public authorities law is amended by adding a
new subdivision 20 to read as follows:
  20. TO ADMINISTER A PROGRAM, USING FUNDS PROVIDED FOR SUCH PURPOSE, TO
PROVIDE  A  GRANT  FOR COSTS REQUIRED TO: (A) PREWIRE AN EXISTING RETAIL
OUTLET WITH AN APPROPRIATE TRANSFER SWITCH FOR USING AN ALTERNATE GENER-
ATED POWER SOURCE CAPABLE OF PROVIDING ADEQUATE ELECTRICITY  TO  OPERATE
ALL  DISPENSERS, DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS, AND PAYMENT-
ACCEPTANCE EQUIPMENT AT SUCH RETAIL OUTLET;  AND/OR  (B)  PURCHASE  SUCH
POWER  SOURCE  OF NO GREATER THAN TEN THOUSAND DOLLARS FOR EACH EXISTING
RETAIL OUTLET SUBJECT TO THE REQUIREMENTS OF SECTION ONE  HUNDRED  NINE-
TY-TWO-H  OF  THE  AGRICULTURE  AND  MARKETS  LAW BASED ON STANDARDS AND
GUIDELINES ESTABLISHED BY THE AUTHORITY.   THE AUTHORITY MAY  OFFER  ANY
FUNDS  PROVIDED  FOR  SUCH  PURPOSE  AND NOT EXPENDED TO EXISTING RETAIL
OUTLETS THAT ARE NOT REQUIRED TO COMPLY WITH THE REQUIREMENTS OF SECTION
ONE HUNDRED NINETY-TWO-H OF THE AGRICULTURE AND  MARKETS  LAW  BUT  THAT
AGREE  TO COMPLY WITH THE REQUIREMENTS THEREIN AS A CONDITION OF RECEIPT
OF SUCH GRANT.
  S 4. 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 S of this act shall  be
as specifically set forth in the last section of such Parts.

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

                                 2608--C

                            I N  S E N A T E

                            January 22, 2013
                               ___________

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  --  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 2013-2014; 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 (Part  A);  to
  amend  the  tax law, in relation to the statewide transmission tax and
  to amend part U1 of chapter 62 of the laws of 2003 amending the  vehi-
  cle  and  traffic  law  and  other laws relating to increasing certain
  motor vehicle transaction fees, in relation to the effectiveness ther-
  eof (Part B); to amend the vehicle and traffic  law,  in  relation  to
  imposing  drivers license sanctions (Part C); to amend the vehicle and
  traffic law, in relation to the hours of operation of  the  department
  of  motor  vehicles (Part D); intentionally omitted (Part E); to amend
  the environmental conservation law  and  the  state  finance  law,  in
  relation  to  establishing  the "Cleaner, Greener NY Act of 2013"; and
  repealing section 27-1017 of the environmental conservation law relat-
  ing thereto (Part F); to amend the environmental conservation law,  in
  relation  to  waste  tire  management  and recycling fees (Part G); 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 H); to amend chapter 58 of the laws of
  2012 amending the public authorities law relating to  authorizing  the
  dormitory  authority  to  enter  into  certain design and construction
  management agreements, in relation to extending certain  authority  of
  the  dormitory  authority  of  the  state of New York (Part I); inten-
  tionally omitted (Part J); 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 K); intentionally  omitted  (Part

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12573-05-3

S. 2608--C                          2

  L);  to  authorize  the department of health to finance certain activ-
  ities with revenues generated from an assessment on  cable  television
  companies  (Part  M);  to amend the public service law, in relation to
  reducing  the amount a utility can be assessed (Part N); intentionally
  omitted (Part O); to amend chapter 21 of the laws  of  2003,  amending
  the  executive  law  relating  to permitting the secretary of state to
  provide special handling for all documents  filed  or  issued  by  the
  division of corporations and to permit additional levels of such expe-
  dited  service,  in  relation to extending the expiration date thereof
  (Part P); intentionally omitted (Part Q); to amend  the  environmental
  conservation  law,  in relation to the issuance of hunting and fishing
  licenses; to amend part AA of chapter 60 of the laws of 2011, amending
  the environmental conservation law relating to saltwater  recreational
  fishing  registrations,  in  relation to making the provisions of such
  part permanent; and to repeal certain provisions of the  environmental
  conservation  law  relating  thereto  (Part  R);  to  amend the public
  authorities law, in relation to a grant program for  alternate  gener-
  ated  power  sources at retail gasoline outlets (Part S); 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
  T); to amend the vehicle and traffic law, in  relation  to  qualifica-
  tions  of  bus drivers (Part U); to amend the vehicle and traffic law,
  in relation to certain registrations of vehicles (Part  V);  to  amend
  the vehicle and traffic law, in relation to authorizing the department
  of  environmental conservation to establish certain speed limits (Part
  W); to amend the transportation law,  in  relation  to  sign  property
  licensing in certain cities (Part X); to amend the vehicle and traffic
  law,  the executive law, the penal law and the criminal procedure law,
  in relation  to  driving  while  intoxicated  and  ignition  interlock
  devices  (Part  Y); to amend the state finance law, in relation to the
  payment of interest due to not-for-profit organizations (Part  Z);  to
  amend  the  vehicle  and  traffic  law, in relation to signs on school
  buses (Part AA); to amend the agriculture  and  markets  law  and  the
  not-for-profit  corporation  law, in relation to licensure of exhibits
  or entertainment on fair grounds (Part BB); to amend  the  agriculture
  and  markets  law, in relation to agricultural assessment values (Part
  CC); to amend the canal  law,  the  public  officers  law,  the  state
  finance  law, the navigation law, the transportation law, the economic
  development law, the environmental conservation law, the parks, recre-
  ation and historic preservation law, the retirement and social securi-
  ty law, and the public authorities law, in  relation  to  transferring
  jurisdiction over the New York state canal system to the department of
  transportation; and to repeal certain provisions of the canal law, the
  transportation  law  and  the public authorities law, relating thereto
  (Part DD); to amend the public service law, in relation to the  publi-
  cation  of  certain  rates  and terms (Part EE); to amend the environ-
  mental conservation law, in relation to providing  the  definition  of
  integrated  pest  management (Part FF); to amend the economic develop-
  ment law and the public authorities law, in relation to  enacting  the
  northern  New  York  power proceeds allocation act (Part GG); to amend
  the state finance law, in relation to requiring release  of  appropri-
  ated  funds to specific regional transportation authorities (Part HH);
  to amend the public authorities law, in relation to  the  issuance  of
  bonds  for eligible electric generating facilities (Part II); to amend
  the state finance law, in relation to establishing the repowering  and
  local  mitigation fund (Part JJ); to amend the environmental conserva-

S. 2608--C                          3

  tion law, in relation  to  authorizing  crossbow  hunting  in  certain
  regions of the state (Part KK); enacting the "Rockland Bergen Bi-state
  watershed  flood prevention and protection act" and creating the Rock-
  land Bergen Bi-state River Commission (Part LL); to amend the environ-
  mental  conservation  law, in relation to providing for the regulation
  of electricity imported into the state  from  any  state  or  province
  outside  of  the  multi-state program (Part MM); to amend the environ-
  mental conservation law and the tax law,  in  relation  to  brownfield
  site  cleanup;  to  amend  the  environmental conservation law and the
  general municipal law, in relation to the brownfield opportunity  area
  program;  to  amend  the  navigation  law,  in relation to responsible
  parties for petroleum contaminated sites and incentives to parties who
  are willing to remediate petroleum contaminated sites; and  to  repeal
  section 31 of part H of chapter 1 of the laws of 2003 amending the tax
  law relating to brownfield redevelopment tax credits, relating thereto
  (Part NN); to amend the executive law, in relation to establishing the
  office  of  risk assessment and management (Part OO); to amend chapter
  56 of the laws of 2011 relating to permitting authorized  state  enti-
  ties  to  utilize the design-build method for infrastructure projects,
  in relation to the definition of authorized state entities (Part  PP);
  to  amend  the  racing,  pari-mutuel  wagering  and  breeding  law, in
  relation to the New York city off-track betting corporation (Part QQ);
  and to require the public service commission  to  develop  recommenda-
  tions regarding the establishment of microgrids (Part RR)

  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 2013-2014
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through RR. 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 five hundred two million seven hundred ninety-
seven thousand dollars ($502,797,000), 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

S. 2608--C                          4

  (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
                    2013-14               $39,700,000
  (b) Three hundred eighty-eight million three hundred thousand  dollars
($388,300,000) 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  $155,320,000. The amount distributed pursuant to section
16-a of chapter  329  of  the  laws  of  1991  shall  be  deemed  to  be
$232,980,000.  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) Seventy-four million seven hundred ninety-seven  thousand  dollars
($74,797,000)  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 $29,918,800. The
amount distributed pursuant to section 16-a of chapter 329 of  the  laws
of   1991  shall  be  deemed  to  be  $44,878,200.  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 $74,797,000,
the  payment  amounts  to  each  locality shall be adjusted by a uniform
percentage so that the total payments equal $74,797,000.

S. 2608--C                          5

  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
                    2013-14               $463,097,000
  S 2. Subdivision (f) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment  of  the  dedicated  highway  and  bridge trust fund, as amended by
section 2 of part A of chapter 58 of the laws of  2012,  is  amended  to
read as follows:
  (f)  For purposes of this section and section 10-c of the highway law,
local highway and bridge projects may also include  the  following  work
types:  (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.    Reimbursement  for projects using these treatments may be made
from the proceeds of bonds, notes or other obligations issued by the New
York state thruway authority pursuant  to  section  380  of  the  public
authorities  law or otherwise as determined by the director of the budg-
et.
  S 3. Subdivision (f) of section 16-a of chapter 329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 3 of part A of chapter 58 of the laws of 2012, is amended  to
read as follows:
  (f)  For purposes of this section and section 10-c of the highway law,
local highway and bridge projects may also include  the  following  work
types:  (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.    Reimbursement  for projects using these treatments may be made
from the proceeds of bonds, notes or other obligations issued by the New
York state thruway authority pursuant  to  section  380  of  the  public
authorities  law or otherwise as determined by the director of the budg-
et.
  S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and  bridge  trust  fund,  as  amended  by
section  4  of  part  A of chapter 58 of the laws of 2012, is amended to
read as follows:
  (d) Any such service contract (i) shall provide that the obligation of
the director of the budget or the state to fund or to  pay  the  amounts
therein provided for shall not constitute a debt of the state within the
meaning  of  any constitutional or statutory provisions in the event the
thruway authority assigns or pledges service contract payments as  secu-
rity  for its bonds or notes, (ii) shall be deemed executory only to the
extent moneys are available and 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

S. 2608--C                          6

and/or  highway-railroad  crossings, including right of way acquisition,
preliminary engineering, and construction  supervision  and  inspection,
where the service life of the project is at least ten years or where the
project is:  (1) microsurfacing, (2) paver placed surface treatment, (3)
single  course  surface treatment involving chip seals and oil and stone
and (4) double course surface treatment involving chip seals and oil and
stone, and unless the director of the budget has certified to the chair-
man of the thruway authority that a spending plan has been submitted  by
the commissioner of transportation and has been approved by the director
of the budget.
  S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment  of  the  dedicated  highway  and  bridge trust fund, as amended by
section 5 of part A of chapter 58 of the laws of  2012,  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 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.  Such certification shall include any such information as may  be
necessary  to  maintain the federal tax exempt status of bonds, notes or
other obligations issued by the New York state thruway authority  pursu-
ant  to  section  380 of the public authorities law. The commissioner of
transportation shall in writing request the  municipalities  to  furnish
such information as may be necessary to comply with this section.
  S  6.  Subdivision  (b)  of section 16-a of chapter 329 of the laws of
1991, amending the state finance law and  other  laws  relating  to  the
establishment of the dedicated highway and bridge trust fund, as amended
by  section 6 of part A of chapter 58 of the laws of 2012, 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 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.   Such certification shall include any such information as may be
necessary to maintain the federal tax exempt status of bonds,  notes  or
other  obligations issued by the New York state thruway authority pursu-
ant 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.

                                 PART B

S. 2608--C                          7

  Section 1. Subdivision 3 of section 205 of the tax law,  as  added  by
section  8  of  part U1 of chapter 62 of the laws of 2003, is amended to
read as follows:
  3.  [From the] THE moneys collected from the taxes imposed by sections
one hundred eighty-three and one hundred eighty-four of this article  on
and  after  April  first,  two thousand [four] THIRTEEN, after reserving
amounts for refunds or reimbursements, SHALL BE DISTRIBUTED AS  FOLLOWS:
twenty  percent  of  such moneys shall be deposited to the credit of the
dedicated highway and bridge trust fund established by  section  eighty-
nine-b  of the state finance law[. The remainder], FIFTY-FOUR PERCENT OF
SUCH MONEYS shall be deposited  in  the  mass  transportation  operating
assistance  fund  to  the credit of the metropolitan mass transportation
operating assistance account created pursuant to section  eighty-eight-a
of  the state finance law AND TWENTY-SIX PERCENT OF SUCH MONEYS SHALL BE
DEPOSITED IN THE MASS TRANSPORTATION OPERATING ASSISTANCE  FUND  TO  THE
CREDIT OF THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT
CREATED PURSUANT TO SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW.
  S  2. Section 13 of part U1 of chapter 62 of the laws of 2003 amending
the vehicle and traffic  law  and  other  laws  relating  to  increasing
certain  motor vehicle transaction fees, as amended by section 1 of part
P of chapter 59 of the laws of 2009, is amended to read as follows:
  S 13. This act shall take effect immediately;  provided  however  that
sections  one through SEVEN OF THIS ACT, THE AMENDMENTS TO SUBDIVISION 2
OF SECTION 205 OF THE TAX LAW MADE BY SECTION EIGHT  OF  THIS  ACT,  AND
SECTION  nine  of  this act shall expire and be deemed repealed on March
31, 2015; provided further, however,  that  the  provisions  of  section
eleven  of this act shall take effect April 1, 2004 and shall expire and
be deemed repealed on March 31, 2015.
  S 3. This act shall take effect on the  same  date  and  in  the  same
manner  as  the expiration and repeal of subdivision 3 of section 205 of
the tax law as provided in section 2 of part P of chapter 59 of the laws
of 2012, as amended.

                                 PART C

  Section 1. Paragraph (a) of subdivision 4  of  section  510-a  of  the
vehicle  and  traffic law, as amended by section 14 of part E of chapter
60 of the laws of 2005, is amended to read as follows:
  (a) A serious traffic violation  shall  mean  operating  a  commercial
motor  vehicle  IN  VIOLATION  OF  A  STATE  OR  LOCAL  LAW OR ORDINANCE
RESTRICTING OR PROHIBITING THE USE OF A HAND-HELD MOBILE TELEPHONE OR  A
PORTABLE  ELECTRONIC  DEVICE  WHILE  DRIVING  OR  in  violation  of  any
provision of this chapter or the laws of any other state,  the  District
of Columbia or any Canadian province which (i) limits the speed of motor
vehicles, provided the violation involved fifteen or more miles per hour
over the established speed limit; (ii) is defined as reckless driving by
state  or  local  law or regulation; (iii) prohibits improper or erratic
lane change; (iv) prohibits following too closely; (v) relates to  motor
vehicle  traffic  (other  than  parking, standing or stopping) and which
arises in connection with a fatal accident; (vi) operating a  commercial
motor  vehicle  without first obtaining a commercial driver's license as
required by section five hundred one of this title;  (vii)  operating  a
commercial  motor  vehicle  without a commercial driver's license in the
driver's possession; or (viii)  operating  a  commercial  motor  vehicle
without  the proper class of commercial driver's license and/or endorse-

S. 2608--C                          8

ment for the specific vehicle being operated or for  the  passengers  or
type of cargo being transported.
  S  2. Paragraphs (c) and (e) of subdivision 1 of section 1225-c of the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended to read as follows:
  (c) "Using" shall mean holding a mobile telephone to, or in the  imme-
diate  proximity of, the user's ear, DIALING OR ANSWERING A MOBILE TELE-
PHONE BY PRESSING MORE THAN A SINGLE BUTTON, OR REACHING  FOR  A  MOBILE
TELEPHONE  IN  A  MANNER THAT REQUIRES A DRIVER TO MANEUVER SO THAT SUCH
DRIVER IS NO LONGER IN A SEATED POSITION, RESTRAINED BY A SEAT BELT THAT
IS INSTALLED IN ACCORDANCE WITH 49 CFR 393.93 AND ADJUSTED IN ACCORDANCE
WITH THE VEHICLE MANUFACTURER'S INSTRUCTIONS.
  (e) "Hands-free mobile telephone" shall mean a mobile  telephone  that
has an internal feature or function, or that is equipped with an attach-
ment  or  addition, whether or not permanently part of such mobile tele-
phone, by which a user engages in a call without the use of either hand,
whether or not the use of either hand is necessary to activate,  deacti-
vate or initiate a function of such telephone, PROVIDED, HOWEVER, THAT A
TELEPHONE  THAT REQUIRES DIALING OR ANSWERING SUCH TELEPHONE BY PRESSING
MORE THAN A SINGLE BUTTON SHALL NOT CONSTITUTE A HANDS-FREE MOBILE TELE-
PHONE.
  S 3. Paragraphs (a) and (b) of subdivision 2 of section 1225-c of  the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended and a new paragraph (d) is added to read as follows:
  (a)  Except  as  otherwise  provided  in this section, no person shall
operate a motor vehicle upon a public highway while using a mobile tele-
phone to engage in a call while such vehicle  is  in  motion,  PROVIDED,
HOWEVER,  NO PERSON SHALL OPERATE A COMMERCIAL MOTOR VEHICLE, AS DEFINED
IN SUBDIVISION FOUR-A OF SECTION TWO OF THE  TRANSPORTATION  LAW,  WHILE
USING  A MOBILE TELEPHONE ON A PUBLIC HIGHWAY, INCLUDING WHILE TEMPORAR-
ILY STATIONARY BECAUSE OF TRAFFIC, A TRAFFIC CONTROL  DEVICE,  OR  OTHER
MOMENTARY  DELAYS.  THE OPERATOR OF A COMMERCIAL MOTOR VEHICLE MAY USE A
MOBILE TELEPHONE WHEN SUCH OPERATOR HAS MOVED THE VEHICLE  TO  THE  SIDE
OF, OR OFF, A HIGHWAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN
REMAIN  STATIONARY UNLESS STOPPING IS PROHIBITED BY LAW, RULES AND REGU-
LATIONS OR BY A DIRECTIVE OF LAW ENFORCEMENT.
  (b) An operator of [a] ANY motor vehicle who holds a mobile  telephone
to,  or  in the immediate proximity of his or her ear while such vehicle
is in motion is presumed to be engaging in a call within the meaning  of
this  section, PROVIDED, HOWEVER, THAT AN OPERATOR OF A COMMERCIAL MOTOR
VEHICLE WHO HOLDS A MOBILE TELEPHONE TO, OR IN THE  IMMEDIATE  PROXIMITY
OF  HIS  OR HER EAR WHILE SUCH VEHICLE IS TEMPORARILY STATIONARY BECAUSE
OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS IS  ALSO
PRESUMED  TO  BE  ENGAGING IN A CALL WITHIN THE MEANING OF THIS SECTION.
The  presumption  established  by  this  subdivision  is  rebuttable  by
evidence tending to show that the operator was not engaged in a call.
  (D)  NO  MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A HAND-HELD MOBILE TELEPHONE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S 4. Subdivision 1 of section 1225-d of the vehicle and  traffic  law,
as  added  by  chapter  403  of  the laws of 2009, is amended to read as
follows:
  1. Except as otherwise provided in this section, no person shall oper-
ate a motor vehicle while using any  portable  electronic  device  while
such  vehicle is in motion, PROVIDED, HOWEVER, NO PERSON SHALL OPERATE A
COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION  FOUR-A  OF  SECTION

S. 2608--C                          9

TWO  OF THE TRANSPORTATION LAW, WHILE USING A PORTABLE ELECTRONIC DEVICE
ON A PUBLIC HIGHWAY, INCLUDING WHILE TEMPORARILY STATIONARY  BECAUSE  OF
TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS. THE OPERA-
TOR  OF  A COMMERCIAL MOTOR VEHICLE MAY USE A PORTABLE ELECTRONIC DEVICE
WHEN SUCH OPERATOR HAS MOVED THE VEHICLE TO THE SIDE OF, OR OFF, A HIGH-
WAY AND HAS HALTED IN A LOCATION WHERE THE VEHICLE CAN REMAIN STATIONARY
UNLESS STOPPING IS PROHIBITED BY LAW, RULES, AND  REGULATIONS  OR  BY  A
DIRECTIVE OF LAW ENFORCEMENT.
  S  5.  Section  1225-d  of  the  vehicle and traffic law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. NO MOTOR CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN OF  SECTION
TWO OF THE TRANSPORTATION LAW, SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE
A PORTABLE ELECTRONIC DEVICE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
  S  6. Paragraphs (a) and (b) of subdivision 2 of section 1225-d of the
vehicle and traffic law, as added by chapter 403 of the  laws  of  2009,
are amended to read as follows:
  (a) "Portable electronic device" shall mean any hand-held mobile tele-
phone,  as  defined by subdivision one of section twelve hundred twenty-
five-c of this  article,  personal  digital  assistant  (PDA),  handheld
device  with  mobile  data  access,  laptop  computer,  pager, broadband
personal communication  device,  two-way  messaging  device,  electronic
game,  or  portable  computing device OR ANY OTHER DEVICE USED TO INPUT,
WRITE, SEND, RECEIVE OR READ TEXT.
  (b) "Using" shall mean holding  a  portable  electronic  device  while
viewing,  taking or transmitting images, INSTANT MESSAGING, PERFORMING A
COMMAND OR REQUEST TO ACCESS A WORLD WIDE WEB PAGE,  playing  games,  or
composing, sending, reading, viewing, accessing, browsing, transmitting,
saving or retrieving e-mail, text messages, or other electronic data.
  S  7.  This  act shall take effect October 28, 2013 and shall apply to
violations committed on or after such date.

                                 PART D

  Section 1. Subdivision 1 of section 200 of  the  vehicle  and  traffic
law, as amended by chapter 60 of the laws of 1993, is amended to read as
follows:
  1.  There shall be in the state government a department of motor vehi-
cles.  The head of the department shall be  the  commissioner  of  motor
vehicles  who shall be appointed by the governor, by and with the advice
and consent of the senate, and hold office until the end of the term  of
the appointing governor and until a successor is appointed and has qual-
ified,  and  who shall receive an annual salary within the amount appro-
priated therefor. The commissioner of  motor  vehicles  shall  have  the
immediate  charge  of the department. The commissioner of motor vehicles
may appoint, and at pleasure remove, such deputy commissioners of  motor
vehicles,  inspectors,  examiners  and other assistants and employees of
the department as are deemed necessary,  within  the  amounts  available
therefor  by  appropriation.  The commissioner of motor vehicles and all
other officers and employees of the department shall be paid and allowed
their necessary, actual and reasonable expenses incurred in the exercise
of their duties. All salaries and expenses of the  department  shall  be
paid  out  of  the  state treasury on the audit and warrant of the comp-
troller on the certificate of the commissioner of  motor  vehicles.  The
principal  office  of  the  department  shall  be in the city of Albany.
NOTWITHSTANDING THE PROVISIONS OF SECTION SIXTY-TWO OF THE PUBLIC  OFFI-
CERS  LAW,  THE  COMMISSIONER  OF  MOTOR  VEHICLES MAY DESIGNATE CERTAIN

S. 2608--C                         10

BRANCH OFFICES OF THE DEPARTMENT TO BE OPEN  TO  SERVE  THE  PUBLIC  AND
TRANSACT BUSINESS ON SATURDAYS.
  S 2. This act shall take effect immediately.

                                 PART E
                          Intentionally Omitted

                                 PART F

  Section  1.  This act shall be known and may be cited as the "Cleaner,
Greener NY act of 2013."
  S 2. Subdivision 2-a of section 27-1003 of the environmental conserva-
tion law, as added by section 3 of part SS of chapter 59 of the laws  of
2009, is amended to read as follows:
  2-a. "Bottler" means a person, firm or corporation who:
  a.  bottles, cans or otherwise packages beverages in beverage contain-
ers except that if such packaging  is  for  [a  distributor]  ANY  OTHER
PERSON, FIRM OR CORPORATION having the right to bottle, can or otherwise
package  the  same  brand  of  beverage,  then  such [distributor] OTHER
PERSON, FIRM OR CORPORATION shall be the bottler; or
  b. imports filled beverage containers into the United States.
  S 3. Subdivisions 2, 3, 4, 5, 7, 8 and 11 of section  27-1007  of  the
environmental  conservation  law,  as  added  by section 4 of part SS of
chapter 59 of the laws of 2009, are amended to read as follows:
  2. A dealer shall post a conspicuous sign, at the point of sale,  that
states:
                     "NEW YORK BOTTLE BILL OF RIGHTS

        STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE
  CONTAINERS OF THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE

YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
ACT:
  THE RIGHT to return your empties for refund to any  dealer  who  sells
the  same brand, type and size, whether you bought the beverage from the
dealer or not. It is illegal to return containers for refund  [that  you
did not pay] ON WHICH a deposit WAS NEVER PAID in New York state.
  THE  RIGHT  to  get  your  deposit  refund  in  cash, without proof of
purchase.
  THE RIGHT to return your empties any day, any  hour,  except  for  the
first  and  last hour of the dealer's business day (empty containers may
be redeemed at any time in 24-hour stores).
  THE RIGHT to return your containers  if  they  are  REASONABLY  CLEAN,
empty  and  intact.   [Washing containers is not required by law, but is
strongly recommended to maintain sanitary conditions.]
  The New York state returnable container act can be enforced by the New
York state department of environmental conservation, the New York  state
department  of agriculture and markets, the New York state department of
taxation and finance, the New York state attorney general and/or by your
local government."
  Such sign must be no less than eight inches by ten inches in size  and
have  lettering a minimum of one quarter inch high, and of a color which
contrasts with the background. The department shall maintain a toll free
telephone number for a "bottle bill complaint line" that shall be avail-
able from 9:00 a.m. to 5:00 p.m. each business day to receive reports of

S. 2608--C                         11

violations of this title. The telephone number shall be  listed  on  any
sign required by this section.
  3. [On or after June first, two thousand nine, a] A dealer WHOSE PLACE
OF  BUSINESS IS LESS THAN TEN THOUSAND SQUARE FEET IN SIZE may limit the
number of empty beverage containers to be accepted for redemption at the
dealer's place of business to no less than  seventy-two  containers  per
visit, per redeemer, per day, provided that:
  (a) The dealer has a written agreement with a redemption center, be it
either  at  a  fixed physical location within the same county and within
ONE AND one-half mile of the dealer's place of  business,  or  a  mobile
redemption  center,  operated  by  a  redemption center, that is located
within [one-quarter] ONE mile of the dealer's  place  of  business.  The
redemption  center  must  have  a  written  agreement with the dealer to
accept containers on behalf of the dealer; and the  redemption  center's
hours of operation must cover at least 9:00 a.m. through 7:00 p.m. daily
or  in  the  case  of a mobile redemption center, the hours of operation
must cover at least four consecutive hours between 8:00  a.m.  and  8:00
p.m.  daily. The dealer must post a conspicuous, permanent sign, meeting
the  size  and color specifications set forth in subdivision two of this
section, open to public view, identifying  the  location  and  hours  of
operation  of  the  affiliated  redemption  center  or mobile redemption
center; [and] OR
  (b) The dealer provides, at a minimum, a consecutive two  hour  period
between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
to two hundred forty containers, per redeemer,  per  day,  and  posts  a
conspicuous,  permanent  sign, meeting the size and color specifications
set forth in subdivision two of this section, open to public view, iden-
tifying those hours. The dealer may not change the hours  of  redemption
without first posting a thirty day notice[; and
  (c) The dealer's primary business is the sale of food or beverages for
consumption  off-premises,  and  the  dealer's place of business is less
than ten thousand square feet in size].
  4. A deposit initiator shall accept from a dealer  or  operator  of  a
redemption  center  any  empty  beverage container of the design, shape,
size, color, composition and brand sold  or  offered  for  sale  by  the
deposit  initiator,  PROVIDED  SUCH  CONTAINERS  ARE  PROPERLY SORTED AS
DETERMINED IN RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER  and
shall pay the dealer or operator of a redemption center the refund value
of  each  such  beverage  container as established by section 27-1005 of
this title. A deposit initiator shall accept and redeem all  such  empty
beverage  containers  from a dealer or redemption center without limita-
tion on quantity.
  5. A deposit initiator's or distributor's failure  to  pick  up  empty
beverage  containers[, including containers processed in a reverse vend-
ing machine,] from a redemption center, dealer  or  the  operator  of  a
reverse vending machine, shall be a violation of this title.
  7.  A  deposit  initiator  [on  a  brand] WHO INITIATES A DEPOSIT ON A
BEVERAGE CONTAINER shall accept SUCH EMPTY BEVERAGE CONTAINER  from  [a]
AND  REIMBURSE  ANY  distributor who [does not initiate deposits on that
brand any] ACCEPTED AND REDEEMED SUCH empty beverage [containers of that
brand accepted by the distributor] CONTAINER from a dealer  or  operator
of  a  redemption  center  [and shall reimburse the distributor] FOR the
[refund value of each such beverage container, as established by section
27-1005 of this title] DEPOSIT AND HANDLING FEE PAID BY THE DISTRIBUTOR.
[In addition, the deposit initiator shall reimburse such distributor for
each such beverage container the handling fee established under subdivi-

S. 2608--C                         12

sion six of this section.] Without limiting the rights of the department
or any person, firm or corporation under this subdivision or  any  other
provision  of  this  [section]  TITLE,  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] THE
REDEEMING distributor for such deposits and handling fees are made.
  8. It shall be the responsibility of the deposit initiator or distrib-
utor to provide to a dealer or redemption center a sufficient number  of
bags, cartons, or other suitable containers, at no cost, for the packag-
ing,  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.    HOWEVER, WHERE PALLETS OR SKIDS, BAGS,
CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
SIMILAR EQUIPMENT, A DEPOSIT INITIATOR  OR  DISTRIBUTOR  MAY  REQUIRE  A
DEALER  OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST USING
A FORKLIFT OR SIMILAR EQUIPMENT BELONGING TO THE  DEALER  OR  REDEMPTION
CENTER.
  (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) A deposit initiator or distributor shall pick  up  empty  beverage
containers  from the dealer or redemption center at reasonable times and
intervals THAT SHALL ALSO TAKE INTO ACCOUNT A MINIMUM VOLUME OF CONTAIN-
ERS NECESSARY FOR SUCH A PICK UP as determined in rules  or  regulations
promulgated  by  the  department  OR  ON  A SCHEDULE MEETING THE MINIMUM
REQUIREMENTS OF SUCH REGULATIONS AND AGREED TO IN WRITING BY THE DEPOSIT
INITIATOR OR DISTRIBUTOR AND THE REDEMPTION CENTER.
  11. [Notwithstanding the provisions  of  subdivision  two  of  section
27-1009  of  this title, a deposit initiator or distributor shall accept
and redeem beverage containers as provided in this title, if the  dealer
or  operator  of  a  redemption  center shall have accepted and paid the
refund value of such beverage  containers.]  NO  PERSON  SHALL  PROGRAM,
TAMPER  WITH, MISUSE, RENDER INACCURATE, OR CIRCUMVENT THE PROPER OPERA-
TION OF A REVERSE VENDING MACHINE  TO  ELICIT  DEPOSIT  MONIES  WHEN  NO
VALID,  REDEEMABLE  BEVERAGE  CONTAINER  HAS  BEEN PLACED IN THE REVERSE
VENDING MACHINE.
  S 4. Section 27-1009 of the environmental conservation law, as amended
by section 5 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1009. Refusal of acceptance.
  1. A dealer or operator of a redemption center [may] SHALL  refuse  to
accept  from  a  redeemer,  and a deposit initiator or distributor [may]
SHALL refuse to accept from a dealer or operator of a redemption  center
any empty beverage container which does not state thereon a refund value

S. 2608--C                         13

as  established  by  section  27-1005 and provided by section 27-1011 of
this title.
  2.  A  dealer  [or],  operator of a redemption center, DISTRIBUTOR, OR
DEPOSIT INITIATOR may also refuse to accept any BEVERAGE CONTAINER WHICH
IS NOT REASONABLY CLEAN OR CONTAINS  A  SIGNIFICANT  AMOUNT  OF  FOREIGN
MATERIAL,  ANY broken bottle, ANY corroded, CRUSHED or dismembered [can]
CONTAINER, or any  beverage  container  which  [contains  a  significant
amount of foreign material,] IS OTHERWISE ALTERED SO THAT IT IS RENDERED
UNREDEEMABLE as determined in rules and regulations to be promulgated by
the  commissioner.    SUCH  REFUSAL  MUST OCCUR AT THE TIME THE BEVERAGE
CONTAINER IS TENDERED FOR  REDEMPTION.  NOTWITHSTANDING  THE  FOREGOING,
CONTAINERS  PROCESSED  THROUGH  REVERSE VENDING MACHINES AUTHORIZED BY A
DISTRIBUTOR OR DEPOSIT INITIATOR, AS DOCUMENTED THROUGH REVERSE  VENDING
MACHINE  RECONCILIATION  STATEMENTS  OR  OTHER REASONABLE DOCUMENTATION,
SHALL BE ACCEPTED BY A DISTRIBUTOR OR DEPOSIT INITIATOR.
  S 5. Subdivision 1 of section 27-1011 of the  environmental  conserva-
tion  law,  as amended by chapter 149 of the laws of 1983, is amended to
read as follows:
  1. a. Every beverage container sold or offered for sale in this  state
[by a distributor or dealer] shall clearly indicate by permanently mark-
ing  or  embossing  the  container or by printing as part of the product
label the refund value of the container and the words "New York" or  the
letters "NY"[; provided, however, in the case of private label beverages
such information may be embossed or printed on a label which is securely
or permanently affixed to the beverage container. Private label beverag-
es  shall be defined as beverages purchased from a beverage manufacturer
in beverage containers bearing a brand name or  trademark  for  sale  at
retail  directly  by  the owner or licensee of such brand name or trade-
mark; or through retail dealers affiliated with such owner  or  licensee
by a cooperative or franchise agreement].
  b.  Such  embossing  or permanent imprinting on the beverage container
shall be the responsibility of the person,  firm  or  corporation  which
bottles,  cans  or otherwise fills or packages a beverage container or a
brand owner for whose exclusive  account  private  label  beverages  are
bottled,  canned or otherwise packaged; provided, however, that the duly
authorized agent of any such person, firm or  corporation  may  indicate
such  refund value by a label securely affixed on any beverage container
containing beverages imported into the United  States.    PRIVATE  LABEL
BEVERAGES  SHALL  BE  DEFINED  AS  BEVERAGES PURCHASED FROM A BOTTLER IN
BEVERAGE CONTAINERS BEARING A BRAND NAME OR TRADEMARK FOR SALE AT RETAIL
DIRECTLY BY THE OWNER OR LICENSEE OF SUCH BRAND NAME  OR  TRADEMARK;  OR
THROUGH RETAIL DEALERS AFFILIATED WITH SUCH OWNER OR LICENSEE BY A COOP-
ERATIVE OR FRANCHISE AGREEMENT.
  S  6.  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

S. 2608--C                         14

refund  value  account shall be made not less frequently than every five
business days. All interest, dividends and returns earned on the  refund
value  account  shall  be paid directly into said account. The monies in
such  accounts shall be kept separate and apart from all other monies in
the possession of the deposit initiator. The  commissioner  of  taxation
and  finance  may  specify  a system of accounts and records to be main-
tained with respect to accounts established under this subdivision.
  2. Payments of refund values pursuant to section 27-1007 of this title
shall be paid from each deposit initiator's  refund  value  account.  No
other  payment  or  withdrawal  from  such account may be made except as
prescribed by this section.
  3.] Each deposit initiator  shall  file  quarterly  reports  with  the
commissioner  of  taxation  and  finance  on  a  form  and in the manner
prescribed by  such  commissioner.  The  commissioner  of  taxation  and
finance  may  require such reports to be filed electronically. The quar-
terly reports required by this subdivision shall be filed for the  quar-
terly periods ending on the last day of May, August, November and Febru-
ary of each year, and each such report shall be filed within twenty days
after  the end of the quarterly period covered thereby. Each such report
shall include all information such commissioner shall  determine  appro-
priate including but not limited to the following information:
  a.  [the  balance  in the refund value account at the beginning of the
quarter for which the report is prepared;
  b. all such deposits credited to the  refund  value  account  and  all
interest,  dividends  or  returns  received on such account, during such
quarter;
  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 VALUE 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.

S. 2608--C                         15

  b. [Refund value account shortfall] OVERREDEMPTION.   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
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[.]; PROVIDED, HOWEVER, THAT, BEGIN-
NING APRIL FIRST, TWO THOUSAND THIRTEEN, AND ALL FISCAL YEARS  THEREAFT-
ER,  FIFTEEN  MILLION  DOLLARS PLUS ALL FUNDS RECEIVED FROM THE PAYMENTS
DUE EACH FISCAL YEAR PURSUANT TO SUBDIVISION FOUR  OF  THIS  SECTION  IN
EXCESS  OF  THE  AMOUNT  RECEIVED  FROM APRIL FIRST, TWO THOUSAND TWELVE
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, SHALL BE DEPOSITED TO
THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT  TO
SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  [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

S. 2608--C                         16

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
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.

S. 2608--C                         17

  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
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. Beginning on June first, two thousand nine each deposit initiator
shall register the container label of any beverage offered for  sale  in
the state on which it initiates a deposit. Any such registered container
label  shall  bear a universal product code. Such universal product code
shall be New York state specific, in  order  to  identify  the  beverage
container  as  offered  for sale exclusively in New York state, and as a

S. 2608--C                         18

means of preventing illegal redemption of beverage containers  purchased
out-of-state. Registration must be on forms as prescribed by the depart-
ment 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  registration  whenever  that  label  is  revised  by altering the
universal product code or whenever the container on which it appears  is
changed in size, composition or glass color.]
  S 7. Section 27-1013 of the environmental conservation law, as amended
by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1013. Redemption centers AND DEALERS.
  The  commissioner  is  hereby  empowered to promulgate rules and regu-
lations governing (1)  THE  REGISTRATION  OR  PERMITTING  OF  REDEMPTION
CENTERS INCLUDING BUT NOT LIMITED TO CONDITIONS FOR GRANTING A REGISTRA-
TION  OR  PERMIT, GROUNDS FOR REVOCATION OF A REGISTRATION OR PERMIT AND
THE PROCESS FOR THE REVOCATION OF A  REGISTRATION  OR  PERMIT;  (2)  the
circumstances  in  which  DEPOSIT  INITIATORS, dealers and distributors,
individually or collectively, are required to accept the return of empty
beverage containers, and make payment therefor; [(2)] (3) the sorting of
the containers which a deposit initiator or distributor may  require  of
dealers  and  redemption  centers;  [(3)] (4) the collection of returned
beverage containers by deposit initiators or distributors, including the
party to whom such expense is to be charged, the frequency of such  pick
ups THAT SHALL ALSO ALLOW A SCHEDULE MEETING THE MINIMUM REQUIREMENTS OF
SUCH  REGULATIONS  AND  AGREED TO IN WRITING BY THE DEPOSIT INITIATOR OR
DISTRIBUTOR AND THE REDEMPTION CENTER AND  THAT  SHALL  ALSO  TAKE  INTO
ACCOUNT  A MINIMUM VOLUME OF CONTAINERS NECESSARY FOR SUCH A PICK UP and
the payment for refunds and handling fees thereon; [(4)] (5)  the  right
of  dealers  to restrict or limit the number of containers redeemed, the
rules for redemption at the dealers' place of business, and the  redemp-
tion  of containers from a beverage for which sales have been discontin-
ued, and to issue REGISTRATIONS OR permits to persons, firms  or  corpo-
rations  which  establish  redemption  centers,  subject  to  applicable
provisions of local and state laws, at which redeemers and  dealers  may
return empty beverage containers and receive payment of the refund value
of  such beverage containers; (6) THE ASSIGNMENT OF A SPECIFIC REGISTRA-
TION OR PERMIT IDENTIFICATION NUMBER TO  EACH  REDEMPTION  CENTER;  SUCH
REGISTRATION  OR  PERMIT  NUMBER,  ALONG  WITH  THE NUMBER OF CONTAINERS
CONTAINED THEREIN, SHALL BE AFFIXED TO ANY BOX OR  BAG  PROFFERED  BY  A
REDEMPTION  CENTER  TO A DEPOSIT INITIATOR OR DISTRIBUTOR FOR REDEMPTION
IN A MANNER MANDATED BY THE  COMMISSIONER;  AND  (7)  THE  OPERATION  OF
MOBILE  REDEMPTION  CENTERS  IN  ORDER TO ENSURE THAT TO THE BEST EXTENT
PRACTICABLE CONTAINERS ARE NOT PROFFERED FOR  REDEMPTION  TO  A  DEPOSIT
INITIATOR  OR  DISTRIBUTOR  OUTSIDE  OF  THE  GEOGRAPHIC AREA WHERE SUCH
DEPOSIT INITIATOR SELLS CONTAINERS AND INITIATES DEPOSITS. No dealer  or
distributor,  as  defined  in  section  27-1003  of this title, shall be
required to obtain a permit to operate a redemption center at  the  same
location  as  the dealer's or distributor's place of business. Operators
of such redemption centers shall receive payment of the refund value  of
each  beverage  container  from  the  appropriate  deposit  initiator or
distributor as provided under section 27-1007 of this title.
  S 8. Section 27-1014 of the environmental conservation law, as amended
by section 10 of part SS of chapter 59 of the laws of 2009,  is  amended
to read as follows:
S 27-1014. Authority to promulgate rules and regulations.

S. 2608--C                         19

  In  addition  to  the  authority  of  the commissioner, under sections
27-1007, 27-1009 and 27-1013 of this title, the commissioner shall  have
the  power to promulgate rules and regulations necessary and appropriate
for the administration of this title AND TO PREVENT FRAUD.
  S 9. Section 27-1015 of the environmental conservation law, as amended
by  section  11 of part SS of chapter 59 of the laws of 2009, is amended
to read as follows:
S 27-1015. Violations.
  1. [A violation of this title, except as otherwise  provided  in  this
section  and  section 27-1012 of this title, shall be a public nuisance.
In addition, except] CIVIL AND ADMINISTRATIVE SANCTIONS. A.   EXCEPT  as
otherwise  provided  in  this section and section 27-1012 of this title,
any  person  who  [shall  violate]  VIOLATES  any  [provision]  OF   THE
PROVISIONS  of, OR FAILS TO PERFORM A DUTY IMPOSED BY, THIS TITLE OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM  OR  CONDI-
TION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL
DETERMINATION  OR  ORDER OF THE COMMISSIONER MADE PURSUANT TO this title
shall be liable [to the state of New York] for a civil  penalty  of  not
more  than  five  hundred  dollars FOR EACH VIOLATION, and an additional
civil penalty of not more than five hundred dollars for each day  during
which  each  such violation continues. Any civil penalty may be assessed
BY THE COMMISSIONER following a  hearing  or  opportunity  to  be  heard
PURSUANT  TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER OR BY THE
COURT IN ANY ACTION OR PROCEEDING PURSUANT TO SECTION  71-2727  OF  THIS
CHAPTER.  IN  ADDITION,  SUCH  PERSON MAY BY SIMILAR PROCESS BE ENJOINED
FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRATION ISSUED  TO
SUCH PERSON MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION
DENIED.
  [2.  Any] B. IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF
TAXATION AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS  TITLE,  ANY
distributor  or  deposit  initiator  who  violates any provision of this
title, [except as provided in section 27-1012 of this title,]  OR  FAILS
TO  PERFORM  A  DUTY  IMPOSED  BY  THIS TITLE, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY  REGISTRA-
TION  OR  PERMIT  ISSUED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR
ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE  shall  be  liable
[to  the  state  of  New  York] for a civil penalty of not more than one
thousand dollars FOR EACH VIOLATION, and an additional civil penalty  of
not  more  than one thousand dollars for each day during which each such
violation continues. Any civil penalty may be assessed  BY  THE  COMMIS-
SIONER  following  a  hearing or opportunity to be heard PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, OR BY THE  COURT  IN  ANY
ACTION  OR  PROCEEDING  PURSUANT  TO SECTION 71-2727 OF THIS CHAPTER. IN
ADDITION, SUCH DEPOSIT INITIATOR OR DISTRIBUTOR MAY BY  SIMILAR  PROCESS
BE  ENJOINED  FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRA-
TION ISSUED TO SUCH PERSON MAY BE REVOKED  OR  SUSPENDED  OR  A  PENDING
RENEWAL APPLICATION DENIED.
  2.  CRIMINAL SANCTIONS. A.  ANY PERSON WHO, HAVING ANY OF THE CULPABLE
MENTAL STATES DEFINED IN SECTION 15.05 OF THE PENAL  LAW,  VIOLATES  ANY
PROVISION  OF OR WHO FAILS TO PERFORM ANY DUTY IMPOSED BY THIS TITLE, OR
ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETER-
MINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE  SHALL
BE  GUILTY  OF  A VIOLATION AND, UPON CONVICTION, SHALL BE PUNISHED BY A
FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION; EACH  DAY
ON  WHICH  SUCH  VIOLATION OCCURS SHALL CONSTITUTE A SEPARATE VIOLATION;
AND  FOR  EACH  SUCH  VIOLATION  THE  PERSON  SHALL  BE  SUBJECT,   UPON

S. 2608--C                         20

CONVICTION,  TO IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR TO A FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS, OR TO BOTH IMPRISONMENT AND FINE.
  B.  IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF TAXATION
AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, ANY  DISTRIBU-
TOR  OR  DEPOSIT INITIATOR WHO, HAVING ANY OF THE CULPABLE MENTAL STATES
DEFINED IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY PROVISION OF  OR
WHO  FAILS  TO  PERFORM  ANY  DUTY IMPOSED BY THIS TITLE, OR ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL  DETERMINATION  OR
ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF
A  VIOLATION  AND,  UPON  CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION;  EACH  DAY  ON  WHICH
SUCH  VIOLATION  OCCURS  SHALL  CONSTITUTE A SEPARATE VIOLATION; AND FOR
EACH SUCH VIOLATION THE PERSON SHALL BE  SUBJECT,  UPON  CONVICTION,  TO
IMPRISONMENT  FOR  NOT  MORE  THAN FIFTEEN DAYS OR TO A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINE.
  [3.] C. It shall be unlawful for [a distributor or deposit  initiator]
ANY PERSON, acting alone or aided by another, to return any empty bever-
age  container  to a dealer or redemption center for its refund value if
[the] A distributor or deposit initiator had  previously  accepted  such
beverage  container  from any dealer or operator of a redemption center,
OR IF SUCH CONTAINER  WAS  PREVIOUSLY  ACCEPTED  BY  A  REVERSE  VENDING
MACHINE.  A  violation of this [subdivision] PARAGRAPH shall be a misde-
meanor punishable by a fine of not less than five  hundred  dollars  nor
more  than  one  thousand  dollars  and an amount equal to two times the
amount of money received as a result of such violation, OR  IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINES.
  D. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY PERSON
WHO VIOLATES SUBDIVISION ELEVEN OF SECTION 27-1007 OF THIS TITLE, OR ANY
RULE  OR  REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMI-
NATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE
GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL  BE  PUNISHED  BY  A
FINE  OF  NOT MORE THAN ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY
IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
  E. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY  DEAL-
ER,  DISTRIBUTOR  OR  DEPOSIT  INITIATOR, WHO KNOWINGLY OR INTENTIONALLY
VIOLATES ANY PROVISION OF OR  FAILS  TO  PERFORM  ANY  DUTY  IMPOSED  BY
SECTION  27-1005  OR  27-1012  OF  THIS TITLE, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE
COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF A  MISDEMEA-
NOR  AND,  UPON CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY  IMPRISONMENT  FOR  NOT
MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  [4.]  3.  Any person who [willfully] tenders to a dealer, distributor,
redemption center or  deposit  initiator  more  than  forty-eight  empty
beverage  containers  for  which  such person knows or should reasonably
know that no deposit was paid in New York state may be assessed [by  the
department]  a  civil  penalty  of  up  to  one hundred dollars for each
container or up to twenty-five thousand dollars for each such tender  of
containers.  At  each  location  where  a  person tenders containers for
redemption, dealers and redemption centers must conspicuously display  a
sign  in letters that are at least one inch in height with the following
information: "WARNING:  Persons tendering for redemption  containers  on
which  a  deposit was never paid in this state may be subject to a civil
penalty of up to one hundred dollars per container or up to  twenty-five
thousand  dollars for each such tender of containers." Any civil penalty

S. 2608--C                         21

may be assessed BY THE COMMISSIONER following a hearing  or  opportunity
to  be heard PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAP-
TER, OR BY THE COURT IN ANY ACTION OR  PROCEEDING  PURSUANT  TO  SECTION
71-2727 OF THIS CHAPTER. IN ADDITION, SUCH PERSON MAY BY SIMILAR PROCESS
BE  ENJOINED  FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGISTRA-
TION ISSUED TO SUCH PERSON MAY BE REVOKED  OR  SUSPENDED  OR  A  PENDING
RENEWAL APPLICATION DENIED.
  [5.]  4. A. The department, the department of agriculture and markets,
the department of taxation and finance  and  the  attorney  general  are
hereby authorized to enforce the provisions of this title AND ALL MONIES
COLLECTED  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  ENVIRONMENTAL
PROTECTION FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-S  OF  THE
STATE  FINANCE  LAW.  In  addition, the provisions of section 27-1005 of
this title and subdivisions one, two, three, four, five, ten and  eleven
of section 27-1007 of this title may be enforced by a county, city, town
or village, and the local legislative body thereof may adopt local laws,
ordinances  or  regulations consistent with this title providing for the
enforcement of such provisions AND ALL MONIES COLLECTED BY THE ENFORCING
COUNTY, CITY, TOWN OR VILLAGE AS FINES OR  PENALTIES  PURSUANT  TO  THIS
SECTION  SHALL  BE  PAYABLE  TO AND BE THE PROPERTY OF THE COUNTY, CITY,
TOWN OR VILLAGE.
  B. IN ADDITION,  A  VIOLATION  OF  THIS  TITLE,  EXCEPT  AS  OTHERWISE
PROVIDED IN THIS SECTION, SHALL BE A PUBLIC NUISANCE, AND WITHOUT LIMIT-
ING  THE  RIGHTS  OF  THE DEPARTMENT, OR ANY PERSON, FIRM OR CORPORATION
UNDER THIS SUBDIVISION OR ANY OTHER PROVISION OF THIS SECTION, A DEALER,
OWNER OR OPERATOR OF A REDEMPTION CENTER, DISTRIBUTOR, OR DEPOSIT INITI-
ATOR SHALL HAVE A CIVIL RIGHT OF ACTION TO  ENFORCE  THE  PROVISIONS  OF
SECTION  27-1009  OF  THIS  TITLE  AND SUBDIVISIONS FOUR, FIVE, SIX, AND
EIGHT OF SECTION 27-1007 OF THIS TITLE.
  S 10.  Section  27-1017  of  the  environmental  conservation  law  is
REPEALED.
  S  11.  Subdivision  3  of  section  92-s of the state finance law, as
amended by section 2 of part T of chapter 59 of the  laws  of  2009,  is
amended to read as follows:
  3.  Such  fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and  penalties  deposited
pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
amount of fees and penalties received from easements or leases  pursuant
to  subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service  charges  pursuant  to  section
four  hundred four-l of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve  fund  pursuant  to
section  two  hundred  ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
pursuant  to  section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
section  54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
hundred  ninety-six,  provided  however,  that such moneys shall only be
used for the cost of the purchase of private lands in the core  area  of
the  central  Suffolk  pine barrens pursuant to a consent order with the
Northville industries signed on  October  thirteenth,  nineteen  hundred
ninety-four  and  the related resource restoration and replacement plan,
the amount of penalties required to  be  deposited  therein  by  section
71-2724 of the environmental conservation law, all moneys required to be

S. 2608--C                         22

deposited  pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of  section
70-0117 of the environmental conservation law, [as added by a chapter of
the  laws  of two thousand nine,] all moneys collected pursuant to title
thirty-three of article fifteen of the environmental  conservation  law,
[as  added by a chapter of the laws of two thousand nine] BEGINNING WITH
THE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO  THOUSAND  THIRTEEN,  AND
ALL  FISCAL  YEARS  THEREAFTER,  FIFTEEN  MILLION DOLLARS PLUS ALL FUNDS
RECEIVED BY THE STATE EACH FISCAL YEAR IN EXCESS OF THE AMOUNT  RECEIVED
FROM  APRIL  FIRST,  TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND THIRTEEN, FROM THE PAYMENTS COLLECTED PURSUANT  TO  SUBDIVISION
TWO  OF  SECTION  27-1012 OF THE ENVIRONMENTAL CONSERVATION LAW, and all
other moneys credited or transferred thereto  from  any  other  fund  or
source  pursuant  to  law. All such revenue shall be initially deposited
into the environmental protection fund, for application as  provided  in
subdivision five of this section.
  S  12.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART G

  Section 1. Subdivisions 1 and 2 of section  27-1905  of  the  environ-
mental  conservation  law, as amended by section 1 of part DD of chapter
59 of the laws of 2010, are amended to read as follows:
  1. Until  December  thirty-first,  two  thousand  [thirteen]  SIXTEEN,
accept  from  a customer, waste tires of approximately the same size and
in a quantity equal to the number of new tires purchased or installed by
the customer; and
  2. Until December thirty-first, two thousand [thirteen] SIXTEEN,  post
written notice in a prominent location, which must be at least eight and
one-half  inches  by  fourteen  inches in size and contain the following
language:
  "New York State law requires us to accept and manage waste tires  from
vehicles  in  exchange  for an equal number of new tires that we sell or
install. Tire retailers are required to charge a separate  and  distinct
waste tire management and recycling fee of $2.50 for each new tire sold.
  The retailers in addition are authorized, at their sole discretion, to
pass  on  waste  tire management and recycling costs to tire purchasers.
Such costs may be included as part of the advertised price  of  the  new
tire,  or  charged  as  a  separate  per-tire charge in an amount not to
exceed $2.50 on each new tire sold."
  The written notice shall also contain one of the following  statements
at  the  end  of  the aforementioned language and as part of the notice,
which shall accurately indicate the manner in  which  the  tire  service
charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:
  "Our  waste  tire  management  and recycling costs are included in the
advertised price of each new tire.", or
  "We charge a separate per-tire charge of $____ on each new  tire  sold
that  will  be listed on your invoice to cover our waste tire management
and recycling costs."
  S 2. Subdivisions 1, 2 and 3 and paragraph (a)  of  subdivision  6  of
section  27-1913  of the environmental conservation law, subdivisions 1,
2, the opening paragraph of subdivision 3 and paragraph (a) of  subdivi-
sion  6  as amended by section 4 of part DD of chapter 59 of the laws of

S. 2608--C                         23

2010 and subdivision 3 as amended by section 2 of part E1 of chapter  63
of the laws of 2003, are amended to read as follows:
  1.  Until  December  thirty-first,  two thousand [thirteen] SIXTEEN, a
waste tire management and recycling fee of two dollars and  fifty  cents
shall  be  charged  on  each new tire sold. The fee shall be paid by the
purchaser to the tire service at the time the  new  tire  or  new  motor
vehicle is purchased.
  The waste tire management and recycling fee does not apply to:
  (a) recapped or resold tires;
  (b) mail-order sales; or
  (c)  the  sale  of  new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this  state  is
subject to such fee.
  2. [Until December thirty-first, two thousand thirteen, the]  THE tire
service  shall  collect the waste tire management and recycling fee from
the purchaser at the time of the sale and shall [remit] PAY such fee  to
the  department  of  taxation  and  finance  with the quarterly [report]
RETURN filed pursuant to subdivision three of this section. THE  COMMIS-
SIONER OF TAXATION AND FINANCE MAY REQUIRE THAT THE TIRE SERVICE PAY THE
FEE ELECTRONICALLY.
  (a)  The  fee  imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
  (b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
  3. Until March thirty-first, two thousand [fourteen]  SEVENTEEN,  each
tire  service maintaining a place of business in this state shall make a
return to the department of taxation and finance on a quarterly  basis[,
with  the  return  for  December,  January, and February being due on or
before the immediately following  March  thirty-first;  the  return  for
March,  April,  and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being  due  on  or
before the immediately following September thirtieth; and the return for
September,  October, and November being due on or before the immediately
following December thirty-first] IN THE FORM AND  MANNER  PRESCRIBED  BY
THE  COMMISSIONER  OF TAXATION AND FINANCE. THE COMMISSIONER OF TAXATION
AND FINANCE MAY REQUIRE SUCH RETURNS TO  BE  FILED  ELECTRONICALLY.  THE
QUARTERLY  RETURNS  REQUIRED  BY THIS SUBDIVISION SHALL BE FILED FOR THE
QUARTERLY PERIODS ENDING ON THE LAST DAY OF FEBRUARY,  MAY,  AUGUST  AND
NOVEMBER OF EACH YEAR, AND EACH SUCH RETURN SHALL BE FILED WITHIN TWENTY
DAYS AFTER THE END OF THE QUARTERLY PERIOD COVERED THEREBY.
  (a) Each return shall include:
  (i) the name of the tire service;
  (ii) the address of the tire service's principal place of business and
the  address  of the principal place of business (if that is a different
address) from which the tire service engages in the business  of  making
retail sales of tires;
  (iii) the name and signature of the person preparing the return;
  (iv)  the  total  number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
  (v) the amount of waste tire management and recycling fees due; and
  (vi) such other reasonable information as the department  of  taxation
and finance may require.
  (b)  Copies  of  each  [report]  RETURN  shall be retained by the tire
service for three years.

S. 2608--C                         24

  If a tire service ceases business, it shall file a  final  return  and
[remit]  PAY  all  fees due under this title [with] TO the department of
taxation and finance not more than one month  after  discontinuing  that
business.
  (a)  [Until  December  thirty-first,  two  thousand thirteen, any] ANY
additional waste tire management and recycling costs of the tire service
in excess of the amount authorized to be retained pursuant to  paragraph
(b)  of subdivision two of this section may be included in the published
selling price of the new tire, or charged as a separate per-tire  charge
on  each  new  tire sold. When such costs are charged as a separate per-
tire charge: (i) such charge shall be stated as an invoice item separate
and distinct from the selling price of the tire; (ii) the invoice  shall
state  that  the  charge  is  imposed at the sole discretion of the tire
service; and (iii) the amount of such charge shall  reflect  the  actual
cost to the tire service for the management and recycling of waste tires
accepted  by the tire service pursuant to section 27-1905 of this title,
provided however, that in no event shall such charge exceed two  dollars
and fifty cents on each new tire sold.
  S  3.  Subdivision 2 of section 27-1915 of the environmental conserva-
tion law, as added by section 3 of part V1 of chapter 62 of the laws  of
2003, is amended to read as follows:
  2. costs of the department of economic development for the following:
  (a)  conducting  an  updated market analysis of outlets for waste tire
utilization including recycling and energy recovery opportunities;
  (b) establishment of a program  to  provide  funds  to  businesses  to
develop technology that leads to increased markets for waste tires;
  (c)  ESTABLISHMENT  OF  A PROGRAM TO AWARD THROUGH COMPETITIVE PROCESS
THE GREATER OF THREE MILLION DOLLARS OR TEN PERCENT OF REVENUE DEPOSITED
ANNUALLY IN THE WASTE MANAGEMENT AND CLEANUP FUND ESTABLISHED IN SECTION
NINETY-TWO-BB OF THE STATE FINANCE LAW, TO MANUFACTURERS THAT USE  RECY-
CLED TIRE MATERIALS FOR THE DEVELOPMENT OF PRODUCTS CREATED AND PRODUCED
IN  NEW  YORK  STATE;  SUCH  AWARD  SHALL BE MADE PRIOR TO THE FIRST FEE
COLLECTION DATE FOLLOWING THE END OF THE YEAR FROM WHICH THE AWARD FUNDS
ARE CALCULATED;
  (D) funding of demonstration projects; and
  [(d)] (E) administration of requirements of this section.
  S 4. This act shall take effect immediately, and shall  apply  to  the
quarterly periods provided for in the opening paragraph of subdivision 3
of  section 27-1913 of the environmental conservation law, as amended by
section two of this act, beginning on or after the date this  act  shall
have become a law.

                                 PART H

  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 R of chapter 58 of the laws of 2012, 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, [2013] 2014, 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

S. 2608--C                         25

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, 2013.

                                 PART I

  Section 1. Section 2 of part BB of chapter 58  of  the  laws  of  2012
amending the public authorities law relating to authorizing the dormito-
ry  authority  to  enter into certain design and construction management
agreements is amended to read as follows:
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed April 1, [2013] 2015.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART J
                          Intentionally Omitted

                                 PART K

  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, 2013.

                                 PART L
                          Intentionally Omitted

                                 PART M

  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, 2013.

                                 PART N

  Section  1.    Paragraph  (g)  of subdivision 2 of section 18-a of the
public service law, as amended by section 2 of part NN of chapter 59  of
the laws of 2009, is amended to read as follows:
  (g) The total amount which may be charged to any public utility compa-
ny  under  authority of this subdivision for any state fiscal year shall
not exceed ONE-THIRD OF one per centum of such public utility  company's
gross  operating  revenues derived from intrastate utility operations in
the last preceding calendar year, or other twelve month period as deter-
mined by the chairman; provided, however, that no corporation or  person
that  is subject to the jurisdiction of the commission only with respect

S. 2608--C                         26

to safety, or the power authority of the state of  New  York,  shall  be
subject to the general assessment provided for under this subdivision.
  S 2. This act shall take effect April 1, 2014.

                                 PART O
                          Intentionally Omitted

                                 PART P

  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 L of chapter 60 of the laws of 2011, is
amended to read as follows:
  S 2. This act shall take effect immediately,  provided  however,  that
section  one  of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and  shall  expire  March  31,  [2013]
2014.
  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, 2013.

                                 PART Q
                          Intentionally Omitted

                                 PART R

  Section 1. Subdivisions 5, 6, 7-a, 10, 12, 13, 14, 15, 16  and  17  of
section 11-0701 of the environmental conservation law are REPEALED.
  S  2.  Subdivisions  4  and  8 of section 11-0701 of the environmental
conservation law are renumbered subdivisions 3 and 4 and subdivisions 1,
2, 3, 9-a and 11, subdivisions 1, 3 and 11 as amended by chapter 344  of
the  laws of 2008, paragraph a of subdivision 2 as amended by chapter 57
of the laws of 1993, subparagraph 1 of paragraph a of subdivision  2  as
added  by  section  5  and  paragraph  b  of subdivision 2 as amended by
section 6 of part F of chapter 82 of the laws of 2002,  paragraph  c  of
subdivision 2 as amended by chapter 25 of the laws of 2011, and subdivi-
sion  9-a as added by chapter 237 of the laws of 1993, are amended and a
new subdivision 7 is added to read as follows:
  1. [A small game license entitles a holder who is sixteen years of age
or older to hunt wildlife, except big game, and to take with  a  gun  or
longbow fish permitted to be so taken, as provided in titles 9 and 13 of
this article.
  2.] a. [(1)] A [small and big game] HUNTING license entitles the resi-
dent  OR NON-RESIDENT holder WHO IS TWELVE YEARS OF AGE OR OLDER to hunt
wildlife, AS PROVIDED IN TITLE 9 OF THIS ARTICLE, subject to the follow-
ing:
  (i) [a holder who is eighteen years of age or older may hunt  wildlife
as provided in title 9 of this article,
  (ii)] a holder who is sixteen OR SEVENTEEN years OLD [of age or older]
may  hunt [wildlife, except] big game[, as provided in title 9] PURSUANT
TO THE PROVISIONS OF SECTION 11-0929 of this article, and
  [(iii)] (II) a holder who is [between the ages of  sixteen  and  eigh-
teen]  FOURTEEN  OR  FIFTEEN YEARS OLD may hunt big game pursuant to the

S. 2608--C                         27

provisions of [title 9 of this article while the holder  is  accompanied
by a parent, guardian or person over the age of eighteen as required by]
section 11-0929 of this article[.], AND
  (III)  A HOLDER WHO IS TWELVE OR THIRTEEN YEARS OLD MAY HUNT WILDLIFE,
EXCEPT BIG GAME, PURSUANT TO THE PROVISIONS OF SECTION 11-0929  OF  THIS
ARTICLE.  SUCH  HOLDER  IS  ENTITLED  TO POSSESS FIREARMS AS PROVIDED IN
SECTION 265.05 OF THE PENAL LAW, AND
  (IV) A holder may take fish with a [gun or]  longbow  as  provided  in
titles 9 and 13 of this article.
  [(2)  A  non-resident  big  game license entitles a person who has not
been a resident of the state for more than thirty days to hunt wild deer
as provided in title 9. It entitles such person to hunt bear during  the
regular open bear season or in an open season fixed by regulation pursu-
ant  to  subdivision  eight  of  section 11-0903 of this article if such
person is also the holder of a non-resident  bear  tag.  It  entitles  a
person who is between the ages of sixteen and eighteen years to exercise
the  privileges  of  a  big  game  license  subject to the provisions of
section 11-0929.]
  b.  A special antlerless deer license is applicable to the hunting  of
wild antlerless deer in a special open season fixed pursuant to subdivi-
sion 6 of section 11-0903 of this article in a tract within a Wilderness
Hunting  Area  and entitles the holder of a license which authorizes the
holder to hunt big game to hunt antlerless deer  in  such  special  open
season,  as  provided in title 9 of this article if he OR SHE has on his
OR HER person while so hunting both his OR HER license which  authorizes
the  holder  to  hunt  big  game  and his OR HER special antlerless deer
license.
  [c. A junior archery license entitles a resident holder who is between
the ages of twelve and sixteen years to hunt wild deer and bear  with  a
longbow during the special archery season and during the regular season,
as provided in title 9 of this article, as if such person held a license
which  authorizes  the  holder  to hunt big game with a bowhunting stamp
affixed, subject to the provisions of section 11-0929 and subdivision  3
of  section  11-0713  of this article. It entitles a non-resident holder
who is between the ages of twelve and sixteen years to  hunt  wild  deer
and bear with a longbow during the special archery season and during the
regular  season,  as  provided  in  title  9 of this article, as if such
person held a non-resident bowhunting license,  a  non-resident  license
which  authorizes  the  holder to hunt deer and a non-resident bear tag,
subject to the provisions  of  section  11-0929  and  subdivision  3  of
section 11-0713 of this article.]
  FOR  PURPOSES  OF  THIS  TITLE, A NON-RESIDENT IS A PERSON WHO HAS NOT
BEEN A RESIDENT OF THE STATE FOR MORE THAN THIRTY DAYS.
  [3] 2. A bowhunting [stamp when affixed to] PRIVILEGE  INCLUDED  ON  a
[resident]  HUNTING  license  [which  authorizes  the holder to hunt big
game] entitles a holder who is eighteen years of age or  older  to  hunt
wild  deer and bear with a longbow, as provided in title 9 of this arti-
cle, in a special longbow season, SUBJECT TO THE PROVISIONS OF  SUBDIVI-
SION  3  OF SECTION 11-0713 OF THIS ARTICLE and it entitles a holder who
is [sixteen or] TWELVE THROUGH seventeen years of age  to  exercise  the
same  privileges subject to the provisions of section 11-0929 and subdi-
vision 3 of section 11-0713 of this article.
  [9-a] 5.  A one-day fishing license entitles the [resident or  non-re-
sident]  holder  to  exercise the privileges of a fishing license on the
day specified on the license.

S. 2608--C                         28

  [11] 6. A muzzle-loading [stamp] PRIVILEGE when [affixed to]  INCLUDED
ON a [resident] HUNTING license [which authorizes the holder to hunt big
game]  entitles  a  holder who is fourteen years of age or older to hunt
wild deer and bear with a muzzle-loading firearm, as provided in title 9
of  this article, in a special muzzle-loading firearm season, SUBJECT TO
THE PROVISIONS OF SUBDIVISION 3 OF SECTION 11-0713 OF THIS ARTICLE.
  7. A. A TRAPPING LICENSE ENTITLES THE RESIDENT OR NON-RESIDENT  HOLDER
TO  TRAP  BEAVER,  OTTER, FISHER, MINK, MUSKRAT, SKUNK, RACCOON, BOBCAT,
COYOTE, FOX, OPOSSUM,  WEASEL,  PINE  MARTEN  AND  UNPROTECTED  WILDLIFE
EXCEPT  BIRDS,  AS  PROVIDED IN TITLE 11 OF THIS ARTICLE, SUBJECT TO THE
PROVISIONS OF SUBPARAGRAPH 2 OF PARAGRAPH B OF SUBDIVISION 3 OF  SECTION
11-0713 OF THIS ARTICLE.
  B.  A  JUNIOR  TRAPPING  LICENSE MAY ENTITLE A HOLDER WHO IS LESS THAN
TWELVE YEARS OLD TO TRAP BEAVER, OTTER, FISHER,  MINK,  MUSKRAT,  SKUNK,
RACCOON,  BOBCAT,  COYOTE,  FOX, OPOSSUM, WEASEL, PINE MARTEN AND UNPRO-
TECTED WILDLIFE EXCEPT BIRDS, AS PROVIDED IN TITLE 11 OF  THIS  ARTICLE,
SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH TWO OF PARAGRAPH B OF SUBDIVI-
SION 3 OF SECTION 11-0713 OF THIS ARTICLE.
  S  3.  Subdivisions  2,  4, 5 and 6 of section 11-0703 of the environ-
mental conservation law, subdivision 2 as amended by chapter 507 of  the
laws  of 2010, subdivision 4 as amended by section 21 and paragraph a of
subdivision 5 as amended by section 22 of part F of chapter  82  of  the
laws  of 2002, paragraph b of subdivision 4 as amended by chapter 178 of
the laws of 2011, paragraphs d and e of subdivision 4 and subdivision  6
as  amended by chapter 344 of the laws of 2008, subdivision 5 as amended
by chapter 450 of the laws of 1991 and paragraph d of subdivision  5  as
relettered  by  chapter  470 of the laws of 1994, are amended to read as
follows:
  2. Except as provided in section 11-0704 of this  title,  no  license,
permit, tag or [stamp] PRIVILEGE is transferable. No person shall alter,
change, lend to another or attempt to transfer to another any license or
any  [button,]  permit,  tag  or  [stamp] PRIVILEGE issued therewith. No
person, while hunting, shall possess a license, [button,] permit, tag or
[stamp] PRIVILEGE which was issued to  another  person  unless  actually
accompanied by the person to whom such license, [button,] permit, tag or
[stamp]  PRIVILEGE  was issued. No person shall purchase, possess or use
more than one [junior archery, junior hunting, small and big  game,  big
game, bowhunting, muzzle-loading, sportsman, or resident super-sportsman
license  or  stamp,  non-resident  bowhunting or muzzle-loading license,
non-resident super-sportsman license,  non-resident  bear  tag]  HUNTING
LICENSE  or  special  permit  for  the  current  license year, except as
permitted by regulation of the department. Notwithstanding the  prohibi-
tions  contained  in  this  subdivision, the department may authorize by
rule or regulation the  transfer  of  deer  management  permits,  issued
pursuant  to  section 11-0913 of this article, to any person licensed to
hunt deer pursuant to this title.
  4. a. [Non-resident fishing, non-resident  super-sportsman,  non-resi-
dent bowhunting or muzzle-loading, or non-resident trapping licenses, or
non-resident  bear  tags  are issuable only to non-residents and persons
who have been residents for less than thirty days immediately  preceding
the date of application.
  b.  A  person  under  the  age of fourteen years is ineligible for any
license, other than a junior archery license, which authorizes the hold-
er to hunt big game. A person under the age of sixteen years is ineligi-
ble for a small and big game,  sportsman  or  resident  super-sportsman,
non-resident   super-sportsman,   non-resident  big  game,  non-resident

S. 2608--C                         29

bowhunting license, or bowhunting stamp.] A person is ineligible  for  a
[small  game, small and big game, junior hunting, big game, junior arch-
ery, sportsman and resident super-sportsman, non-resident  super-sports-
man,  or  non-resident] HUNTING LICENSE, bowhunting PRIVILEGE or muzzle-
loading [license] PRIVILEGE unless such person meets the requirements of
subdivision 3 of section 11-0713 of this title.
  [c]  B.    Only  the  following  persons  are  eligible  for  resident
[licenses]  FEES:  (1)  persons who have been residents in the state for
[more than] thirty days immediately [preceding] PRIOR  TO  the  date  of
application  for  the  licenses, or who are enrolled [in] AS a full-time
[course] STUDENT at a college or university within the state and who are
in residence in the state for the school year, or who are out  of  state
or  foreign  exchange  high school students enrolled [in] AS a full-time
[course] STUDENT in a high school within the state and who are in  resi-
dence  in the state for the school year; (2) Indian residents or members
of the six nations residing on any reservation wholly or  partly  within
the  state;  (3)  members  of  the  United States armed forces in active
service, stationed in this state, regardless of the place  of  residence
at  the time of entry into the service; and (4) persons privileged under
subdivision 5 of section 11-0707 of this article to take wildlife, other
than deer and bear, as if they held hunting licenses.
  [d] C.   Only persons who possess  a  [small  and  big  game]  HUNTING
license[,  the big game license portion of the free sportsman, a sports-
man license or resident super-sportsman  license]  are  eligible  for  a
bowhunting PRIVILEGE or muzzle-loading [stamp, except that the holder of
a junior hunting license, who is a resident and who is at least fourteen
years old, is eligible for a muzzle-loading stamp] PRIVILEGE.
  [e]  D.  A  person  under  the age of twelve years is ineligible for a
[junior] hunting license EXCEPT AS PROVIDED IN PARAGRAPH B  OF  SUBDIVI-
SION 1 OF SECTION 11-0701 OF THIS ARTICLE.
  5. a. One-day and seven-day fishing licenses expire on the date stated
on them. A FISHING LICENSE SHALL REMAIN EFFECTIVE ONE YEAR FROM THE DATE
ON WHICH IT WAS ISSUED.
  b.  A  fishing license issued without charge to a resident as formerly
provided in subdivision 2 of section 11-0715, shall remain effective for
the life of the licensee.
  c. A special antlerless deer license is effective during  the  special
open season for which it is issued.
  d.  All  other  licenses  and  [stamps]  PRIVILEGES defined in section
11-0701 are effective for a license year beginning [October] SEPTEMBER 1
and ending [September 30] AUGUST 31.
  6. a. Except as provided in section 11-0707  and  section  11-0709  of
this title, no person shall (1) hunt wildlife[, other than deer or bear,
or  take  fish  with a gun,] unless such person holds and is entitled to
exercise the privileges of a [small game, junior hunting, small and  big
game,  free sportsman, sportsman or resident super-sportsman, or non-re-
sident super-sportsman] HUNTING license; (2) hunt antlerless deer  in  a
special  open  season  therefor  pursuant  to  subdivision  6 of section
11-0903 of this article unless such person  holds  and  is  entitled  to
exercise the privileges of and has on his or her person while so hunting
a [small and big game, big game, junior archery, free sportsman, junior]
hunting  [if  the  licensee  is  at least fourteen years old, sportsman,
resident super-sportsman, non-resident super-sportsman or  non-resident]
LICENSE, bowhunting PRIVILEGE or muzzle-loading [license] PRIVILEGE, and
a  special antlerless deer license; (3) take fish or frogs in the manner
described in subdivision 4 of section 11-0701 of this title unless  such

S. 2608--C                         30

person  is entitled to exercise the privileges of a fishing license; (4)
trap wildlife unless such person holds a trapping license.
  b.  Except  as provided in section 11-0707 and section 11-0709 of this
title, no [resident] PERSON shall (1) hunt wild deer or bear unless such
person holds and is entitled to exercise the privileges of a [small  and
big  game,  junior  archery,  junior hunting if the licensee is at least
fourteen years old, free sportsman, sportsman, or resident super-sports-
man] HUNTING license, and meets the requirements of  this  article;  (2)
hunt wild deer or bear with a longbow in a special longbow season unless
such person holds and is entitled to exercise the privileges of a [small
and  big  game,  junior  archery, free sportsman, sportsman, or resident
super-sportsman] HUNTING license with a bowhunting [stamp affixed] PRIV-
ILEGE and meets the requirements of this article; or (3) hunt wild  deer
or  bear  with  a  muzzle-loading  firearm  in  a special muzzle-loading
firearm season unless such person IS AT LEAST  FOURTEEN  YEARS  OLD  AND
holds  a  [small and big game, free sportsman, sportsman, junior hunting
if the licensee is at least  fourteen  years  old,  or  resident  super-
sportsman]  HUNTING license with a muzzle-loading [stamp affixed] PRIVI-
LEGE and meets the requirements of this article.
  [c. Except as provided in section 11-0707 and section 11-0709 of  this
title, no non-resident shall (1) hunt wild deer unless such person holds
and  is  entitled to exercise the privileges of a big game, junior arch-
ery, junior hunting if the licensee is  at  least  fourteen  years  old,
non-resident super-sportsman, or non-resident bowhunting or muzzle-load-
ing  license;  (2)  hunt  wild  deer with a longbow in a special longbow
season unless such person holds and is entitled to exercise  the  privi-
leges  of  a  non-resident  super-sportsman, non-resident bowhunting, or
junior archery license; (3) hunt wild deer with a muzzle-loading firearm
in a special muzzle-loading firearm season unless such  person  holds  a
non-resident super-sportsman or non-resident muzzle-loading license; (4)
hunt  wild bear unless such person holds a junior hunting license if the
licensee is at least fourteen years old, a junior archery license, or  a
non-resident  bear  tag in combination with one of the non-resident deer
licenses listed in subparagraph 1, 2 or 3 of this paragraph.]
  S 4.  Subdivision 2, paragraphs b and c of subdivision 3 and paragraph
b of subdivision 4 of section 11-0713 of the environmental  conservation
law,  subdivision  2 as amended by chapter 25 of the laws of 2011, para-
graph b of subdivision 3 as amended by section 27  and  paragraph  b  of
subdivision  4  as  amended by section 28 of part F of chapter 82 of the
laws of 2002 and paragraph c of subdivision 3 as amended by chapter  344
of the laws of 2008, are amended to read as follows:
  2.  The issuing officer shall not issue a [junior archery license to a
person between the ages of twelve  and  sixteen  or  a  junior]  hunting
license  to  a  person  [between  the  ages of] AGE twelve [and] THROUGH
sixteen years unless, at the time of issuance, THE applicant is accompa-
nied by his or her parent or legal guardian who  shall  consent  to  the
issuance  of the license and shall so signify by signing his or her name
in ink across the face of it. At no time shall such licenses  be  issued
by  mail  to  persons  [between  the  ages  of] AGE twelve [and] THROUGH
sixteen years.
  b. (1) The issuing officer shall not issue a HUNTING license [or stamp
which authorizes the holder to exercise the] WITH A BOW  HUNTING  privi-
lege  [of  hunting  big  game  with  a longbow] to any person unless the
applicant presents a New York state license [or stamp] which  authorizes
the  holder to exercise the privilege of hunting [big game] with a long-
bow issued in 1980 or later, an affidavit as provided in subparagraph  2

S. 2608--C                         31

of  paragraph a of this subdivision or a certificate of qualification in
responsible bowhunting practices issued or honored by the department.
  (2)  The  issuing  officer  shall  not issue a trapping license to any
person unless the applicant presents a trapping license issued to him OR
HER previously, an affidavit as provided in subparagraph 2 of  paragraph
a  of  this subdivision or a certificate of qualification in responsible
trapping practices.
  c. The issuing  officer  shall  not  issue  a  [bowhunting  stamp  or]
muzzle-loading  [stamp]  PRIVILEGE  to  any [resident] PERSON unless the
applicant IS AT LEAST FOURTEEN YEARS OLD AND presents a [junior] hunting
license [if the licensee is at least fourteen years old, or a small  and
big  game,  free  sportsman,  or  sportsman  or resident super-sportsman
license] issued to that person for the corresponding license year.
  b. A person who has lost or accidentally destroyed a [button  or]  tag
issued with such a license or [stamp] PRIVILEGE may apply to any license
issuing  officer for a duplicate and the department shall issue a dupli-
cate [button or] tag when satisfied that the application is made in good
faith.  A duplicate free [sportsman] LICENSE, PRIVILEGE OR tag shall  be
issued free of charge.
  S  5.  Subdivisions  2,  3, 4 and 6 of section 11-0715 of the environ-
mental conservation law, subdivision 2 as amended by section 3, subdivi-
sion 3 as amended by section 4 and subdivision 4 as amended by section 5
of part KK of chapter 59 of the laws of 2009, subdivision 6 as added  by
section  32  of part F of chapter 82 of the laws of 2002 and paragraph a
of subdivision 6 as amended by chapter 344 of  the  laws  of  2008,  are
amended to read as follows:
  2.  A  member  of  the  Shinnecock  tribe or the Poospatuck tribe or a
member of the six nations, residing on any reservation wholly or  partly
within  the  state,  is  entitled  to  receive  free of charge a fishing
license, a [small and big game license, a sportsman] HUNTING license,  a
muzzle-loading  [stamp] PRIVILEGE, [a trapping license, and] a bow hunt-
ing [stamp] PRIVILEGE, AND A TRAPPING LICENSE; a resident of  the  state
who  is a member of the United States armed forces in active service who
is not stationed within the state and has not been  herein  longer  than
thirty  days on leave or furlough, is entitled to receive free of charge
a fishing license, a [small and big game] HUNTING license, and  a  trap-
ping  license;  a  resident  of the state who is an active member of the
organized militia of the state of New York as defined by section one  of
the  military  law, or the reserve components of the armed forces of the
United States, and excluding members of the inactive national guard  and
individual  ready reserve, is entitled to receive free of charge a fish-
ing license, a [small and big game]  HUNTING  license,  and  a  trapping
license;  and  a  resident who is blind is entitled to receive a fishing
license free of charge. For the purposes of this subdivision a person is
blind only if either: (a) his or her  central  visual  acuity  does  not
exceed  20/200  in  the better eye with correcting lenses, or (b) his or
her visual acuity is greater than 20/200 but is accompanied by a limita-
tion of the field of vision such that the widest diameter of the  visual
field subtends an angle no greater than 20 degrees.
  [A resident in the state for a period of thirty days immediately prior
to  the date of application who has attained the age of seventy is enti-
tled to receive a sportsman license at the cost  of  ten  dollars  as  a
license fee.]
  A  resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is  enti-

S. 2608--C                         32

tled  to receive a fishing license, and a [trapping] HUNTING license, at
a cost of five dollars for each license.
  A  resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is  enti-
tled  to  receive  free  of  charge a bowhunting [stamp] PRIVILEGE and a
muzzle-loading [stamp] PRIVILEGE.
  3. Each applicant for a license, permit or [stamp] PRIVILEGE shall pay
to the issuing officer a  fee,  according  to  the  license,  permit  or
[stamp] PRIVILEGE issued and the residence or other qualification of the
applicant.
  a.  In  the  case  of persons who have been residents of the state for
[more than] A PERIOD OF thirty days immediately [preceding] PRIOR TO the
date of application or who are enrolled [in]  AS  a  full-time  [course]
STUDENT at a college or university within the state and who are in resi-
dence  in  the  state  for  the  school year, OR WHO ARE OUT OF STATE OR
FOREIGN EXCHANGE HIGH SCHOOL STUDENTS ENROLLED AS A FULL-TIME STUDENT IN
A HIGH SCHOOL WITHIN THE STATE AND WHO ARE IN RESIDENCE IN THE STATE FOR
THE SCHOOL YEAR, Indians residing off  reservations  in  the  state  and
members of the United States armed forces in active service stationed in
this  state  regardless  of place of residence at the time of entry into
service:
        License                                   Fee
        (1) [Super-sportsman                      $88.00
        (2) Trapper Super-sportsman               $88.00
        (3) Sportsman                             $47.00
        (4) Small and big game                    $29.00]
        (A) HUNTING                               $22.00
        (B) HUNTING AGES FIFTEEN AND UNDER        $ 5.00
        [(5)] (2) Fishing                         $[29.00]25.00
        [(6)] (3) Trapping                        $[21.00] 20.00
        [(7) Small game                           $26.00
        (8) Junior trapping                       $ 6.00
        (9)] (4) Muzzle-loading [stamp]
        PRIVILEGE                                 $[21.00]11.00
        [(10)] (5) (A) Bowhunting [stamp]
        PRIVILEGE                                 $[21.00]20.00
        (B) BOWHUNTING PRIVILEGE AGES
        TWELVE THROUGH FIFTEEN                    $ 4.00
        [(11)] (6) Turkey permit                  $10.00
        [(12)] (7) Seven-day fishing              $15.00
        [(13) Conservation legacy                 $96.00
        (14)] (8) One-day fishing                 $ 5.00
  b. In the case of a non-resident and persons resident in the state for
less than thirty days, other than persons who are  enrolled  [in]  AS  a
full-time  [course]  STUDENT at a college or university within the state
and who are in residence in the state for  the  school  year  and  those
members  of the United States armed forces as to whom fees are specified
in paragraph a of this subdivision:
        License                                   Fee
        (1) [Big game] (A) HUNTING                [$140.00] $100.00
        (B) HUNTING AGES FIFTEEN AND UNDER        $  5.00
        [(2) Small game                           $ 85.00
        (3)] (2) Fishing                          $ [70.00] 50.00
        [(4)] (3) Seven-day fishing               $ 35.00
        [(5)] (4) Trapping                        $[310.00] 275.00
        [(6) Super-sportsman                      $280.00

S. 2608--C                         33

        (7)] (5) (A) Bowhunting
        PRIVILEGE                                 $[140.00] 40.00
        (B) BOWHUNTING PRIVILEGE AGES TWELVE
        THROUGH FIFTEEN                           $  4.00
        [(8)] (6) Muzzle-loading
        PRIVILEGE                                 $[140.00] 30.00
        [(9) Bear tag                             $ 50.00
        (10)] (7) Turkey permit                   [$ 50.00] $20.00
        [(11)] (8) One-day fishing                [$ 15.00] $10.00
  c. In all cases:
        (1) Certificates in lieu of lost license or [stamp]
            PRIVILEGE or tag                                $ 5.00
        (2) Duplicate for lost or destroyed permit[, button]
            or tag                                          $10.00
        [(3) Junior hunting license                         $ 5.00
        (4) Junior archery license                          $ 9.00
        (5) One-day fishing license                         $15.00
        (6) Conservation patron license                     $12.00]
  4. A person, resident in the state for at least thirty days immediate-
ly  prior  to the date of application, who has been honorably discharged
from service in the armed forces of the United States and  certified  as
having  a forty percent or greater service-connected disability is enti-
tled to receive all licenses, [stamps] PRIVILEGE, tags,  [buttons,]  and
permits authorized by this title for which he or she is eligible, except
turkey permits, renewable each year for a five dollar fee.
  6.  a.  License  issuing  officers may retain 1.1 percent of the gross
proceeds from the sale of [the following:
  (1) non-resident small game license
  (2) non-resident big game license
  (3) non-resident trapping license
  (4) bear tag
  (5) non-resident bowhunting license
  (6) non-resident muzzle-loading license
  (7) non-resident super-sportsman license
  (8) non-resident turkey permit
  (9)] all lifetime licenses listed in section 11-0702 of this title.
  b. License issuing officers  may  retain  5.5  percent  of  the  gross
proceeds from sale of all other [license, stamps] LICENSES, certificates
and  permits,  including  any  application  fees  associated  with  such
licenses, [stamps,] certificates and permits.
  S 6. Paragraphs c, d and e of subdivision 1 of section 11-0907 of  the
environmental conservation law, paragraph c as amended by section 38 and
paragraphs d and e as added by section 40 of part F of chapter 82 of the
laws of 2002, are amended to read as follows:
  c.  The  limit  for wild deer is one deer per person in a license year
except that (1) a person  entitled  to  exercise  the  privileges  of  a
special  antlerless deer license may take an antlerless deer while hunt-
ing pursuant to such license in addition to the limit of one deer  in  a
license  year  otherwise  applicable,  (2) a person who is a member of a
hunting group holding a deer management permit or permits issued  pursu-
ant  to  section  11-0913 of this article may take additional deer while
hunting in accordance with the conditions of the permit or permits,  (3)
the  holder  of  a  bowhunting [license or stamp] PRIVILEGE or a muzzle-
loading [license or stamp] PRIVILEGE may take up to two additional deer,
pursuant to regulations promulgated by the department, and (4) an eligi-
ble non-ambulatory person, pursuant to subdivision 2 of section  11-0931

S. 2608--C                         34

of this article may take a deer of either sex in any wildlife management
unit  area where deer management permits have been issued by the depart-
ment, while in possession of a valid license which authorizes the holder
to  hunt  big game. Nothing contained in this section shall be construed
to limit the power of the department to designate by regulation an  area
or  areas  of the state consisting of a county or part of a county where
such season shall apply and whether the number of such  special  permits
shall be limited.
  d.  (1) A person who holds licenses or [stamps] PRIVILEGES authorizing
the holder to hunt deer during a special archery season and the  regular
open  season  and  who  has taken a deer by longbow in a special archery
season and who has not taken a deer in a regular  open  season  may,  in
addition  to  the limit of one deer in a license year otherwise applica-
ble, take during the same license year additional deer as  specified  by
department regulation in a special archery season following the close of
the regular open deer season.
  (2) A person who holds licenses or [stamps] PRIVILEGES authorizing the
holder to hunt deer during a special archery season and the regular open
season  and  who  has taken a deer by longbow in the regular open season
for deer in Westchester or Suffolk counties  may,  in  addition  to  the
limit  of  one  deer in a license year otherwise applicable, take during
the same license year additional deer as specified by  department  regu-
lation  during  such  Westchester  or  Suffolk  county regular open deer
season.
  e. A person who holds licenses or [stamps] PRIVILEGES authorizing  the
holder to hunt deer during a special muzzle-loading season and the regu-
lar  open season and who has taken a deer by muzzle-loading firearm in a
muzzle-loading season and who has not taken a deer  in  a  regular  open
season  may,  in  addition  to  the  limit of one deer in a license year
otherwise applicable, take during the same year additional deer as spec-
ified by  department  regulation  in  a  special  muzzle-loading  season
following the close of the regular deer season.
  S  7.  Paragraph c of subdivision 1 of section 11-0907 of the environ-
mental conservation law, as amended by section 39 of part F  of  chapter
82 of the laws of 2002, is amended to read as follows:
  c.  The  limit  for  wild  deer  and bear is one deer and one bear per
person in a license year except that (1) a person entitled  to  exercise
the  privileges of a special antlerless deer license may take an antler-
less deer while hunting pursuant to such  license  in  addition  to  the
limit  of  one deer in a license year otherwise applicable, (2) a person
who is a member of a hunting group holding a deer management  permit  or
permits  issued  pursuant  to  section  11-0913 of this article may take
additional deer while hunting in accordance with the conditions  of  the
permit  or  permits,  (3)  the holder of a bowhunting license or [stamp]
PRIVILEGE or a muzzle-loading license or [stamp] PRIVILEGE may  take  up
to  two  additional  deer,  pursuant  to  regulations promulgated by the
department, and (4)  an  eligible  non-ambulatory  person,  pursuant  to
subdivision  2  of  section  11-0931  of this article may take a deer of
either sex in any wildlife management unit area  where  deer  management
permits  have  been  issued  by the department, while in possession of a
valid license which authorizes the holder  to  hunt  big  game.  Nothing
contained  in  this section shall be construed to limit the power of the
department to designate by regulation an area  or  areas  of  the  state
consisting of a county or part of a county where such season shall apply
and whether the number of such special permits shall be limited.

S. 2608--C                         35

  S  8.  Paragraph a of subdivision 3 of section 11-0907 of the environ-
mental conservation law, as amended by section 41 of part F  of  chapter
82 of the laws of 2002, is amended to read as follows:
  a.  In  every  area identified in column one of the table set forth in
subdivision 2 of this section, except Westchester and  Suffolk  Counties
in  which  a  regular  open season for taking deer by firearms is estab-
lished and effective, a special open season is  established  for  taking
deer of either sex, by the use of a long bow only by holders of a [small
and  big  game, sportsman, or free sportsman] HUNTING license [to which]
WITH a valid bowhunting [stamp is affixed or  to  holders  of  a  junior
archery,  resident  or  non-resident  super-sportsman,  or  non-resident
bowhunting license] PRIVILEGE.
  S 9.  Paragraph a of subdivision 3 of section 11-0907 of the  environ-
mental  conservation  law, as amended by section 42 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
  a. In every area identified in column one of the table  set  forth  in
subdivision  2  of this section, except Westchester and Suffolk Counties
in which a regular open season for taking deer  by  firearms  is  estab-
lished  and  effective,  a special open season is established for taking
deer of either sex, and bear, by the use of a long bow only  by  holders
of  a [small and big game, sportsman, or free sportsman] HUNTING license
[to which] WITH a valid bowhunting [stamp is affixed or to holders of  a
junior  archery,  resident or non-resident super-sportsman, or non-resi-
dent bowhunting license] PRIVILEGE.
  S 10.  Paragraph a of subdivision 8 of section 11-0907 of the environ-
mental conservation law, as amended by section 45 of part F  of  chapter
82 of the laws of 2002, is amended to read as follows:
  a.  In  every  area identified in column one of the table set forth in
subdivision 2 of this section, except those areas restricted to  special
seasons  for  taking  deer  by longbow only, special open seasons may be
established by regulation for taking deer and/or bear,  by  the  use  of
muzzle-loading  firearms, of not less than .44 caliber shooting a single
projectile, by the holders of a [small and big game, sportsman  or  free
sportsman] HUNTING license [to which] WITH a valid muzzle-loading [stamp
is  affixed or to holders of a resident or non-resident super-sportsman,
or non-resident muzzle-loading license] PRIVILEGE.
  S 11. Subdivision 7 of section 11-0913 of the environmental  conserva-
tion  law,  as amended by section 6 of part KK of chapter 59 of the laws
of 2009, is amended to read as follows:
  7. The department shall charge and receive a fee of  ten  dollars  for
the application and the processing of such permit or permits. Applicants
who  are  successful  in  the  computerized  selection shall receive the
permit or permits free of any additional  charge.  The  application  fee
shall  be  non-refundable.  The department may waive the application fee
for holders of a lifetime  sportsman  license  existing  as  of  October
first,  two  thousand  nine[,  junior  archery  license, resident super-
sportsman license, or junior hunting license] AND HOLDERS OF  A  HUNTING
LICENSE LESS THAN SIXTEEN YEARS OF AGE.
  S  12.  Subdivisions  4  and 5 of section 11-0929 of the environmental
conservation law are REPEALED, and subdivisions 1 and 2, as  amended  by
chapter 344 of the laws of 2008, are amended to read as follows:
  1. A licensee who is twelve or thirteen years of age shall not:
  A. hunt wildlife with a gun or a longbow, OTHER THAN DEER OR BEAR WITH
A  LONGBOW  AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, unless he or
she is accompanied by his or her parent  or  legal  guardian,  or  by  a
person  twenty-one years of age or older designated in writing by his or

S. 2608--C                         36

her parent or legal guardian on a form prescribed by the department, who
holds a license which authorizes the holder to hunt wildlife[.];
  B. HUNT DEER OR BEAR WITH A LONGBOW UNLESS:
  (1)  HE  OR SHE IS ACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN,
OR BY A PERSON DESIGNATED IN WRITING BY HIS OR HER PARENT OR LEGAL GUAR-
DIAN ON A FORM PRESCRIBED BY THE DEPARTMENT WHO IS TWENTY-ONE  YEARS  OF
AGE OR OLDER, AND
  (2)  SUCH  PARENT,  GUARDIAN OR PERSON HAS HAD AT LEAST THREE YEARS OF
EXPERIENCE IN HUNTING DEER OR BEAR WITH A LONGBOW, AND
  (3) SUCH PARENT, GUARDIAN OR PERSON HOLDS A HUNTING LICENSE, AND
  (4) SUCH PARENT, GUARDIAN OR PERSON MAINTAINS  PHYSICAL  CONTROL  OVER
THE  MINOR HE OR SHE IS ACCOMPANYING AT ALL TIMES WHILE HUNTING. FOR THE
PURPOSES OF THIS PARAGRAPH "PHYSICAL CONTROL" SHALL MEAN THAT THE  PHYS-
ICAL  PROXIMITY  OF  THE MINOR TO THE PARENT, GUARDIAN OR PERSON IS SUCH
THAT THE PARENT, GUARDIAN OR PERSON IS REASONABLY ABLE TO  ISSUE  VERBAL
DIRECTIONS  AND  INSTRUCTIONS,  MAINTAIN  CONSTANT  VISUAL  CONTACT, AND
OTHERWISE PROVIDE GUIDANCE AND SUPERVISION TO THE MINOR.
  2. A licensee who is fourteen or fifteen years of age shall not:
  a. hunt wildlife with a gun or longbow, other than wild deer  or  bear
as provided in paragraph b OR C of this subdivision, unless he or she is
accompanied  by  his  or  her parent or legal guardian holding a license
which authorizes the holder to hunt wildlife, or by  a  person  eighteen
years  of  age  or  older, designated in writing by his or her parent or
legal guardian, holding such license;
  b. hunt wild deer or bear with a gun unless:
  (1) he or she is accompanied by his or her parent or a legal guardian,
or a youth mentor who is twenty-one years of age or older designated  in
writing  by  the  parent  or  legal  guardian  of the licensee on a form
prescribed by the department; and
  (2) such parent, guardian or youth mentor has had at least three years
of experience in hunting big game; and
  (3) such parent, guardian  or  youth  mentor  holds  a  license  which
authorizes the holder to hunt big game; and
  (4)  such  parent, guardian or youth mentor maintains physical control
over the minor he or she is accompanying at all times while hunting; and
  (5) such parent, guardian or youth mentor and the minor he or  she  is
accompanying remain at ground level at all times while hunting; and
  (6)  such  parent, guardian or youth mentor and the minor he or she is
accompanying shall each display either a minimum total  of  two  hundred
fifty square inches of solid fluorescent orange or patterned fluorescent
orange consisting of no less than fifty percent fluorescent orange mate-
rial  worn  above the waist and visible from all directions, or a hat or
cap with no less than fifty percent of the exterior consisting of  solid
fluorescent  orange  material  and  visible  from  all  directions.  For
purposes of this paragraph, "physical control" shall mean that the phys-
ical proximity of the minor to the parent, guardian or youth  mentor  is
such  that  the  parent,  guardian or youth mentor is reasonably able to
issue verbal  directions  and  instructions,  maintain  constant  visual
contact, and otherwise provide guidance and supervision to the minor.
  C. HUNT DEER OR BEAR WITH A LONGBOW UNLESS HE OR SHE IS ACCOMPANIED BY
HIS  OR HER PARENT OR LEGAL GUARDIAN, OR BY A PERSON DESIGNATED IN WRIT-
ING BY HIS OR HER PARENT OR LEGAL GUARDIAN ON A FORM PRESCRIBED  BY  THE
DEPARTMENT  WHO  IS  EIGHTEEN  YEARS  OF AGE OR OLDER AND WHO HAS HAD AT
LEAST ONE YEAR OF EXPERIENCE IN HUNTING DEER OR  BEAR  BY  LONGBOW,  AND
SUCH  ACCOMPANYING  PARENT,  GUARDIAN  OR  PERSON  HOLDS A LICENSE WHICH

S. 2608--C                         37

AUTHORIZES THE HOLDER TO HUNT BIG GAME DURING THE SPECIAL ARCHERY SEASON
AND THE REGULAR OPEN SEASON.
  S  13. Subdivision 1 of section 13-0355 of the environmental conserva-
tion law, as amended by section 1 of part AA of chapter 60 of  the  laws
of 2011, is amended to read as follows:
  1.  Definitions  of  registrations;  privileges. A recreational marine
fishing 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 registration is effective for  [a  registra-
tion  year beginning January first and ending December thirty-first] ONE
YEAR FROM THE DATE IT WAS ISSUED.
  S 14. Section 9 of part AA of chapter 60 of the laws of 2011, amending
the environmental conservation law relating  to  saltwater  recreational
fishing registrations, is amended to read as follows:
  S  9.  This act shall take effect immediately [and shall expire and be
deemed repealed December 31, 2013].
  S 15. Subdivisions 1 and 2 of section  11-0702  of  the  environmental
conservation  law,  subdivision  1 as amended by section 2 of part AA of
chapter 60 of the laws of 2011 and subdivision 2 as amended  by  section
18  of  part F of chapter 82 of the laws of 2002, are amended to read as
follows:
  1. There are hereby created the following lifetime  hunting,  fishing,
trapping,  archery and muzzle-loading licenses and fees therefor subject
to the same privileges  and  obligations  of  a  comparable  short  term
license:

             Licenses                               Fees
      a. Lifetime [sportsman] HUNTING
     license, FISHING LICENSE and turkey
     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] HUNTING 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

S. 2608--C                         38

      e. Lifetime trapping
     license.                                       $395.00

      f. Lifetime archery
     [stamp] PRIVILEGE.                             $235.00

      g. Lifetime muzzle-
     loading [stamp] PRIVILEGE.                     $235.00

     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] HUNTING license [or],
LIFETIME fishing license, OR LIFETIME TRAPPING LICENSE may, at any time,
convert such license to  a  lifetime  [sportsman]  license  [and  turkey
permit]  PURSUANT  TO  PARAGRAPH A OF THIS SUBDIVISION for an additional
fee equal to the [existing differential] DIFFERENCE BETWEEN THE  CURRENT
FEE FOR THE NEW LICENSE AND THE FEE ORIGINALLY PAID FOR THE LICENSE.
  2.  Legal  residency within the state of New York shall be a prerequi-
site for persons to obtain, or have  obtained  for  them,  any  lifetime
licenses  included  within  this  section. Lifetime licenses so obtained
shall continue to be valid for use within the state  by  the  person  to
whom the lifetime license was issued, regardless of a change in residen-
cy  of  that lifetime license holder. Holders of lifetime licenses which
include lifetime [big game] HUNTING privileges who become  non-residents
of the state may continue to obtain resident bowhunting and muzzle-load-
ing  [stamps]  PRIVILEGES, including lifetime archery and muzzle-loading
[stamps] PRIVILEGES.   Holders  of  lifetime  [licenses  which  include]
bowhunting and muzzle-loading privileges who become non-residents of the
state  may  continue  to  obtain resident [big game] HUNTING privileges,
including A lifetime [sportsman or small and big game licenses]  LICENSE
WITH HUNTING PRIVILEGES.  [An annual turkey permit will be granted at no
additional  fee  as  an  additional  privilege  of all existing lifetime
sportsman licenses.] Possession of lifetime licenses is nontransferable.
  S 16. The section heading of  section  11-0707  of  the  environmental
conservation law is amended to read as follows:
Exemptions from requirement of hunting, [big game,] fishing and trapping
             licenses.
  S  17. Subdivision 5 of section 11-1911 of the environmental conserva-
tion law, as amended by chapter 57 of the laws of 1993,  is  amended  to
read as follows:
  5.  The holder of a fishing, [three] ONE-day or [five] SEVEN-day fish-
ing, [combination] OR A  free  [hunting-big  game  hunting-]fishing  [or
combined  resident  hunting,  fishing  and  big game license or combined
non-resident hunting, fishing, big game, bowhunting and  muzzle-loading]
license,  or  a  person  entitled  to  exercise the privileges of such a
license, may, with the permission of the licensee, take fish by  angling
from  the licensed pond provided the holder complies with the provisions
of title 13 of the Fish and Wildlife Law, with respect to open  seasons,
minimum size limits and daily and seasonal possession limits.
  S  18. Subdivision 8 of section 71-0921 of the environmental conserva-
tion law, as amended by chapter 595 of the laws of 1984, is  amended  to
read as follows:
  8.  Making a false statement in applying for a license, [stamp] PRIVI-
LEGE or permit under the Fish and Wildlife Law, or for a certificate  in
lieu  of  a  lost license or [stamp] PRIVILEGE or a duplicate [big game]

S. 2608--C                         39

HUNTING license tag under title 7 of article 11 of  this  chapter.  Each
such  misdemeanor  shall be punishable by imprisonment for not more than
three months, or by a fine of not more than two hundred dollars,  or  by
both  such  imprisonment and fine. In addition, the department may imme-
diately revoke the license, [stamp] PRIVILEGE, permit or certificate for
which application was made for the remainder of its effective term.
  S 19. This act shall take effect February 1, 2014; provided,  however,
that  the  amendments to paragraph c of subdivision 1 of section 11-0907
of the environmental conservation law made by section six  of  this  act
and the amendments to paragraph a of subdivision 3 of section 11-0907 of
the  environmental  conservation  law  made by section eight of this act
shall not affect the expiration of such paragraphs pursuant  to  section
13  of  chapter 600 of the laws of 1993, as amended, when upon such date
sections seven and nine of this act shall take effect, provided further,
that the amendments to section 9 of part AA of chapter 60 of the laws of
2011 made by section fourteen of this act shall take effect immediately.

                                 PART S

  Section 1.  Section 1854 of the public authorities law is  amended  by
adding a new subdivision 20 to read as follows:
  20. TO ADMINISTER A PROGRAM, USING FUNDS PROVIDED FOR SUCH PURPOSE, TO
PROVIDE  A  GRANT  FOR COSTS REQUIRED TO: (A) PREWIRE AN EXISTING RETAIL
OUTLET THAT DISPENSES MOTOR FUEL FOR SALE TO THE GENERAL PUBLIC WITH  AN
APPROPRIATE  TRANSFER  SWITCH  FOR  USING  AN  ALTERNATE GENERATED POWER
SOURCE CAPABLE OF PROVIDING ADEQUATE ELECTRICITY TO OPERATE ALL  DISPEN-
SERS,  DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS, AND PAYMENT-ACCEPTANCE
EQUIPMENT AT SUCH RETAIL OUTLET; AND/OR (B) PURCHASE SUCH POWER  SOURCE.
THIS  GRANT PROGRAM SHALL BE CONTINGENT ON THE APPROVAL OF FEDERAL MITI-
GATION FUNDS FOR THE PROGRAM.
  S 2. This act shall take effect immediately.

                                 PART T

  Section 1. Subdivision 3  of  section  19-0323  of  the  environmental
conservation  law,  as  amended by section 1 of part EE of chapter 58 of
the laws of 2012, is amended to read as follows:
  3. Any diesel powered heavy duty vehicle that is owned by, operated by
or on behalf of, or leased by a state  agency  and  state  and  regional
public  authority with more than half of its governing body appointed by
the governor shall utilize the best available  retrofit  technology  for
reducing  the  emission of pollutants. The commissioner shall promulgate
regulations for the implementation of this subdivision  specifying  that
all  vehicles  covered  by  this  subdivision  shall have best available
retrofit technology on or before December 31, [2013] 2015.
  This subdivision shall not apply to any vehicle subject to a lease  or
public  works  contract  entered  into or renewed prior to the effective
date of this section.
  S 2. This act shall take effect immediately.

                                 PART U

  Section 1. Section 509-d of the vehicle and traffic law is amended  by
adding a new subdivision 2-a to read as follows:
  (2-A)  INVESTIGATIONS  AND  INQUIRIES OF BUS DRIVERS OTHER THAN SCHOOL
BUS DRIVERS. (A) A MOTOR CARRIER SHALL REQUEST THE DEPARTMENT TO  INITI-

S. 2608--C                         40

ATE A CRIMINAL HISTORY CHECK FOR PERSONS HIRED OR RE-HIRED BY SUCH MOTOR
CARRIER ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION AS DRIVERS OF
BUSES,  AS  DEFINED IN PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE
OF SECTION FIVE HUNDRED NINE-A OF THIS ARTICLE, IN ACCORDANCE WITH REGU-
LATIONS  OF THE COMMISSIONER REQUIRING SUCH BUS DRIVERS TO SUBMIT TO THE
MANDATED FINGERPRINTING PROCEDURE. ADDITIONALLY, FOR DRIVERS  OF  BUSES,
AS  DEFINED  IN  PARAGRAPH  (B),  (C),  (D) OR (E) OF SUBDIVISION ONE OF
SECTION FIVE HUNDRED NINE-A OF THIS ARTICLE, IN THE EMPLOY  OF  A  MOTOR
CARRIER  ON  THE  EFFECTIVE  DATE OF THIS SUBDIVISION, THE MOTOR CARRIER
SHALL REQUEST ON OR BEFORE THE TIME OF ANY SUCH DRIVER'S  FIRST  RENEWAL
OF  LICENSE  PURSUANT  TO SUBDIVISION SIX OF SECTION FIVE HUNDRED TWO OF
THIS TITLE THAT THE DEPARTMENT INITIATE  A  CRIMINAL  HISTORY  CHECK  IN
ACCORDANCE  WITH  REGULATIONS  OF  THE COMMISSIONER.   THE DEPARTMENT OF
MOTOR VEHICLES AT THE REQUEST OF THE  MOTOR  CARRIER  SHALL  INITIATE  A
CRIMINAL  HISTORY CHECK OF ALL BUS DRIVERS HIRED OR RE-HIRED ON OR AFTER
THE EFFECTIVE DATE OF THIS SUBDIVISION AND ALL CURRENT BUS DRIVERS ON OR
BEFORE THE TIME OF THEIR FIRST RENEWAL  OF  LICENSE  BY  REQUIRING  SUCH
APPLICANTS TO SUBMIT TO THE MANDATED FINGERPRINTING PROCEDURE AS PART OF
THE  BUS  DRIVER  QUALIFICATION PROCEDURE. SUCH FINGERPRINTING PROCEDURE
AND THE RELATED FEE AS WELL AS A PROCEDURE FOR THE RETURN OF SUCH  FING-
ERPRINTS UPON APPLICATION OF A PERSON WHO HAS TERMINATED EMPLOYMENT AS A
BUS  DRIVER  SHALL  BE ESTABLISHED IN ACCORDANCE WITH REGULATIONS OF THE
COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF  THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES.  THE  FEE TO BE PAID BY OR ON BEHALF OF THE
APPLICANT OR BUS DRIVER SHALL BE NO MORE THAN FIVE DOLLARS OVER THE COST
TO THE COMMISSIONER FOR THE CRIMINAL HISTORY CHECK. NO CAUSE  OF  ACTION
AGAINST  THE  DEPARTMENT,  THE  DIVISION OF CRIMINAL JUSTICE SERVICES, A
MOTOR CARRIER OR  POLITICAL  SUBDIVISION  FOR  DAMAGES  RELATED  TO  THE
DISSEMINATION OF CRIMINAL HISTORY RECORDS PURSUANT TO THIS SECTION SHALL
EXIST  WHEN SUCH DEPARTMENT, DIVISION, MOTOR CARRIER OR POLITICAL SUBDI-
VISION HAS REASONABLY AND IN GOOD FAITH RELIED  UPON  THE  ACCURACY  AND
COMPLETENESS  OF  CRIMINAL HISTORY INFORMATION FURNISHED TO IT BY QUALI-
FIED AGENCIES.  FINGERPRINTS  SUBMITTED  TO  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  PURSUANT TO THIS SUBDIVISION MAY ALSO BE SUBMITTED TO
THE FEDERAL BUREAU OF INVESTIGATION  FOR  A  NATIONAL  CRIMINAL  HISTORY
RECORD  CHECK.    NOTWITHSTANDING  THE  FOREGOING, THE DEPARTMENT MAY BY
REGULATION ESTABLISH GUIDELINES AND PROCEDURES FOR EXEMPTING BUS DRIVERS
WHO HAVE ALREADY BEEN SUBJECTED TO A CRIMINAL HISTORY CHECK AT THE  TIME
OF HIRE BY A MOTOR CARRIER.
  (B)  AFTER  A  MOTOR CARRIER HAS COMPLETED THE PROCEDURES SET FORTH IN
PARAGRAPH (A) THIS OF SUBDIVISION, IT SHALL DESIGNATE EACH NEW BUS DRIV-
ER AS A CONDITIONAL BUS DRIVER AS DEFINED IN SECTION FIVE HUNDRED NINE-H
OF THIS ARTICLE, UNTIL THE CARRIER IS IN RECEIPT OF INFORMATION  OF  THE
NEW  BUS  DRIVER'S  QUALIFICATION  FROM  THE DEPARTMENT AND THE REQUIRED
DRIVING RECORDS FROM EACH APPROPRIATE STATE AGENCY. IF  THE  INFORMATION
RECEIVED  INDICATES  THAT THERE IS A PENDING CRIMINAL OFFENSE OR DRIVING
VIOLATION THAT WOULD REQUIRE DISQUALIFICATION OF A BUS DRIVER UNDER THIS
ARTICLE, THE MOTOR  CARRIER  SHALL  REQUIRE  THE  APPLICANT  TO  PROVIDE
DOCUMENTATION EVIDENCING THE DISPOSITION OF SUCH OFFENSE OR VIOLATION IN
ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE COMMISSIONER. THE DEPART-
MENT,  UPON NOTICE OF DISQUALIFICATION TO AN APPLICANT, SHALL INCLUDE IN
SUCH NOTICE INFORMATION REGARDING THE APPLICANT'S RIGHT  TO  APPEAL  AND
CONTEST  ANY CLAIMED GROUND FOR DISQUALIFICATION. SUCH NOTICE SHALL ALSO
ADVISE THE APPLICANT OF HIS OR HER RIGHT TO OBTAIN, EXAMINE, INSPECT AND
COPY ANY INFORMATION USED BY THE DEPARTMENT IN SUPPORT OF  ITS  DETERMI-
NATION  OF  DISQUALIFICATION.  IN  THE  EVENT THE APPLICANT CONTESTS THE

S. 2608--C                         41

EXISTENCE OF A CRIMINAL CONVICTION IN HIS OR HER  NAME,  SUCH  APPLICANT
MAY  PROVIDE DOCUMENTATION EVIDENCING THE DISPOSITION OF SUCH OFFENSE OR
VIOLATION IN ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE  COMMISSION-
ER.
  S 2. Section 509-h of the vehicle and traffic law, as amended by chap-
ter 675 of the laws of 1985, is amended to read as follows:
  S  509-h. Operation by person not [licensed] QUALIFIED to drive a bus.
The motor carrier shall not knowingly permit any person to operate a bus
carrying passengers unless the driver meets all of the  requirements  of
this  article;  except that a motor carrier may permit a conditional BUS
DRIVER OR CONDITIONAL school bus driver who is not  otherwise  disquali-
fied  under the provisions of this article to operate a bus for a period
not to exceed ninety days or a longer period if granted a written exten-
sion of such ninety day period by the department pursuant to regulations
established by the commissioner. Such regulation shall authorize  exten-
sion  for  at  least that period of time necessary to review information
regarding the prior criminal history of the applicant.
  S 3. The vehicle and traffic law is amended by adding  a  new  section
509-hh to read as follows:
  S  509-HH. DUTY OF CERTAIN MOTOR CARRIERS TO SUPPLY IDENTIFYING INFOR-
MATION AND BUS REGISTRATION INFORMATION TO THE DEPARTMENT;  REQUIREMENTS
REGARDING  CERTAIN  BUS  REGISTRATIONS  AND  REGISTRATIONS. 1. EXCEPT AS
OTHERWISE PROVIDED IN THIS SUBDIVISION, EVERY MOTOR CARRIER MUST PROVIDE
TO THE DEPARTMENT IDENTIFYING INFORMATION AND BUS REGISTRATION  INFORMA-
TION  ON  A  FORM  OR FORMS PREPARED AND FURNISHED BY THE DEPARTMENT FOR
THAT PURPOSE. IDENTIFYING INFORMATION SHALL INCLUDE, BUT  SHALL  NOT  BE
LIMITED  TO,  INFORMATION REGARDING: THE BUSINESS NAME, OWNERSHIP, BUSI-
NESS ADDRESS, AND FEDERAL OR STATE IDENTIFICATION NUMBERS OF  THE  MOTOR
CARRIER.  BUS  REGISTRATION  INFORMATION SHALL INCLUDE, BUT SHALL NOT BE
LIMITED TO, INFORMATION REASONABLY REQUIRED BY THE DEPARTMENT IN  CARRY-
ING  OUT  ITS  DUTIES  UNDER  THIS ARTICLE REGARDING THE REGISTRATION OF
BUSES OWNED, LEASED, RENTED, OR OTHERWISE CONTROLLED BY THE MOTOR CARRI-
ER.   IDENTIFYING INFORMATION  AND  BUS  REGISTRATION  INFORMATION  MUST
CONTAIN  OR  BE  ACCOMPANIED  BY SUCH SUPPORTING DOCUMENTATION AS MAY BE
REQUESTED OR REQUIRED BY THE DEPARTMENT. A MOTOR CARRIER MUST NOTIFY THE
DEPARTMENT IN WRITING OF ANY CHANGE IN ANY INFORMATION PROVIDED  BY  THE
MOTOR CARRIER TO THE DEPARTMENT PURSUANT TO THIS SECTION WITHIN TEN DAYS
OF THE CHANGE.
  2.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS ARTICLE, ON AND AFTER
THE EFFECTIVE DATE OF THIS SECTION, ANY MOTOR CARRIER  SUBJECT  TO  THIS
SECTION  REGISTERING  OR  RE-REGISTERING  A BUS UNDER THIS ARTICLE SHALL
REGISTER OR RE-REGISTER THE BUS ONLY IN THE SAME BUSINESS NAME THAT  THE
CARRIER  PROVIDES  TO  THE  DEPARTMENT  UNDER  SUBDIVISION  ONE  OF THIS
SECTION.
  3. FOR PURPOSES OF THIS SECTION, THE TERM "MOTOR  CARRIER"  SHALL  NOT
INCLUDE  (A)  A  STATE,  LOCAL, INTERSTATE OR INTERNATIONAL AUTHORITY AS
DEFINED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW, OR  (B)  A  SCHOOL
DISTRICT  AS DEFINED IN SECTION NINETEEN HUNDRED EIGHTY OF THE EDUCATION
LAW.
  S 4. Subdivision 5 of section 509-m of the vehicle and traffic law, as
added by chapter 675 of the laws of 1985, is amended to read as follows:
  5. Upon receipt of the criminal history record report  of  [a  school]
ANY  bus  driver,  notify  the  motor  carrier of disqualification of an
applicant or [school] bus driver which would or  could  disqualify  such
driver  under  the  provisions  of  section  FIVE HUNDRED NINE-C OR five
hundred nine-cc of this article. Notification to the  carrier  shall  be

S. 2608--C                         42

without specification of the grounds for disqualification, those grounds
to  be  made  available  only  to  the [school] bus driver or his or her
representative.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART V

  Section 1. Subdivision 13 of section 401 of the  vehicle  and  traffic
law,  as  amended by chapter 203 of the laws of 2002, is amended to read
as follows:
  13. Registration of motor vehicles, trailers and semitrailers operated
upon public highways connecting portions of a farm or  farms,  municipal
sanitary  landfills and licensed motor vehicle repair shops. Motor vehi-
cles, other than motor vehicles manufactured and equipped primarily  for
the transportation of passengers, trailers and semitrailers, to be oper-
ated  by  any person, upon a public highway for the purpose of traveling
by the most direct route, but in no event further than twenty-five miles
one-way from a point on the farm as designated by the vehicle owner [and
set forth in an attachment to the  vehicle  registration],  (a)  between
fields,  buildings,  and  facilities  managed  or  operated as part of a
single farm enterprise in connection with  the  production,  harvesting,
processing  or  marketing on that farm of crops, livestock, or livestock
products produced on that farm; or (b) for the purpose  of  transporting
materials  from a farm to the nearest available municipal sanitary land-
fill; or (c) for the purpose of transporting the motor vehicle,  trailer
or  semitrailer to a motor vehicle repair shop licensed pursuant to this
chapter for the repair or adjustment  of  equipment  provided  that,  in
addition  to  the  route  restrictions set forth in this subdivision, no
such transport shall be authorized (i) if such vehicle  has  an  out-of-
service  defect  relating  to  load  securement, brake systems, steering
components and/or coupling devices, or after it has been placed  out-of-
service; (ii) on any limited access highway; and (iii) during the period
of  one  hour before sunset to one hour after sunrise, may be registered
as provided in this subdivision. Every owner of such vehicles may  cause
to  be  filed  by  mail  or otherwise, with the commissioner or with any
agent of the commissioner, an application for registration of such vehi-
cle, addressed to the commissioner, and on a blank to  be  furnished  by
the  commissioner  for that purpose, containing the information required
by subdivision one of this section and such  other  information  as  the
commissioner  shall  require.  The commissioner or agent shall make such
investigation, as he or she shall determine necessary, and if  satisfied
that  the  vehicle  is  to  be  operated exclusively as provided in this
subdivision shall, upon the payment of a fee of one  dollar,  assign  to
such vehicle a distinctive number and issue and deliver to the applicant
a set of number plates and a certificate of registration in such form as
the  commissioner  shall  prescribe,  indicating the extent to which the
vehicle registered may be operated on the public highways and such vehi-
cle may be operated only as so  indicated.  For  the  purposes  of  this
subdivision,  the  terms  "farm"  and  "crops,  livestock  or  livestock
products," shall have the same meaning as  "land  used  in  agricultural
production" and "crops, livestock and livestock products," respectively,
as  defined  in section three hundred one of the agriculture and markets
law, except that farmers with an average gross sales value of  at  least
one  thousand  dollars  per  year  of  crops,  livestock,  and livestock

S. 2608--C                         43

products shall be eligible to register vehicles pursuant to this  subdi-
vision.
  S 2. This act shall take effect immediately.

                                 PART W

  Section  1.  Subdivision  5 of section 1630 of the vehicle and traffic
law, as amended by chapter 563 of the laws of 2002, is amended  to  read
as follows:
  5. Establishment of maximum and minimum speed limits at which vehicles
may proceed on or along such highways. No such maximum speed limit shall
be  established  at  less  than  twenty-five miles per hour, except that
school speed limits may be established at not less  than  fifteen  miles
per hour, for a distance not to exceed one thousand three hundred twenty
feet,  on  a  highway  passing  a school building, entrance or exit of a
school abutting on the highway, and except that, with respect to  bridge
and  elevated  structures  that  are a part of any such highway, a lower
maximum speed limit may be established if it  is  determined  that  such
lower  maximum speed limit is the maximum speed limit which may be main-
tained without structural damage to such bridge or structure, and except
that, with respect to any highway under the jurisdiction of  the  office
of  parks, recreation and historic preservation, other than a parkway as
defined in subdivision seventeen of section 1.03 of  the  parks,  recre-
ation  and  historic preservation law, the department of agriculture and
markets, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, or the industrial
exhibit authority, a maximum speed limit of not less than ten miles  per
hour may be established on any portion thereof, if it is determined that
such  lower maximum speed limit is necessary to assure the safety of the
public, and except that, with respect to any highway having toll plazas,
a maximum speed limit of not less than five miles per hour may be estab-
lished for passage through such toll plazas.
  S 2. This act shall take effect immediately.

                                 PART X

  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 UTILIZATION OF A SIGN  PROPERTY  WHICH  SHALL
INCLUDE  BUT NOT BE LIMITED TO THE INSTALLATION, MAINTENANCE AND REMOVAL
OF ANY 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 PERSON OR ENTITY SHALL MAINTAIN A SIGN PROPERTY IN A CITY UNLESS
THE  DEPARTMENT  HAS  ISSUED  A PERMIT TO THAT PERSON OR ENTITY FOR EACH
SUCH PROPERTY MAINTAINED. FURTHERMORE, THE MAINTENANCE OF A SIGN PROPER-
TY IN A CITY SHALL ONLY BE AUTHORIZED DURING  THE  TERM  OF  THE  PERMIT
ISSUED THEREFOR.  NO CITY SHALL IMPOSE ANY ADDITIONAL LICENSING REQUIRE-
MENT FOR OR RESTRICTIONS UPON 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. A PERMIT MAY BE ISSUED FOR A SIGN PROPERTY UPON THE APPLICATION  OF
A PERSON OR ENTITY SUBMITTED TO THE DEPARTMENT. THE APPLICATION SHALL BE
IN SUCH FORM AND INCLUDE SUCH INFORMATION AS THE DEPARTMENT SHALL DETER-

S. 2608--C                         44

MINE.    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 A PERMIT 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  A  PERMIT,
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 SUBSTITUTE LICENSE.
  6. ANY PERSON OR ENTITY THAT  MAINTAINS  A  SIGN  PROPERTY  WHICH  WAS
ERECTED  PRIOR  TO  THE  EFFECTIVE  DATE OF THIS SECTION PURSUANT TO ANY
ACCESSORY USE SIGN PERMIT, BUSINESS USE SIGN  PERMIT,  ADVERTISING  SIGN
PERMIT OR ANY OTHER SIGN PERMIT ISSUED BY THE DEPARTMENT OF BUILDINGS OF
A  CITY,  SHALL  BE ENTITLED TO THE ISSUANCE OF A PERMIT FOR THE MAINTE-
NANCE OF A SIGN (WITH THE SAME SQUARE FOOTAGE AS THAT  OF  THE  ORIGINAL
PERMIT)  PURSUANT  TO THIS SECTION FOR SUCH SIGN PROPERTY AS A MATTER OF
RIGHT AND RENEWALS THEREOF IN ACCORDANCE WITH THIS SECTION. SUCH  PERMIT
SHALL  ENTITLE THE PERMIT HOLDER TO MAINTAIN THE SIGN PROPERTY AND SHALL
NOT RESTRICT THE TYPE OF ADVERTISING COPY THAT CAN BE PLACED  UPON  SUCH
SIGN  PROPERTY. FURTHERMORE, DURING THE PENDENCY OF THE DETERMINATION BY
THE DEPARTMENT UPON AN APPLICATION FOR A PERMIT RELATING TO A SIGN PROP-
ERTY IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, THE  SIGN
PERSON  OR ENTITY MAINTAINING SUCH SIGN PROPERTY SHALL CONTINUE TO MAIN-
TAIN THE SIGN PROPERTY.
  S 2. This act shall be deemed repealed if any  federal  agency  defin-
itively  concludes  that  this  act  would  render New York State or any
public authority ineligible for the receipt of federal funds.
  S 3. This act shall take effect immediately; provided that the depart-
ment of  transportation  shall  notify  the  legislative  bill  drafting
commission  of  the date a determination is made as described in section
two of this act in order that the commission may  maintain  an  accurate
and  timely  effective data base of the official text of the laws of the
state of New York in  furtherance  of  effectuating  the  provisions  of
section  44  of the legislative law and section 70-b of the public offi-
cers law.

                                 PART Y

S. 2608--C                         45

  Section 1. Paragraphs (b) and (c) of subdivision 1 of section 1193  of
the  vehicle  and  traffic law, as amended by chapter 496 of the laws of
2009, are amended to read as follows:
  (b)  Driving  while  intoxicated or while ability impaired by drugs or
while ability impaired by the combined influence of drugs or of  alcohol
and any drug or drugs; aggravated driving while intoxicated; misdemeanor
offenses.  (i)  A violation of subdivision two, three, four or four-a of
section eleven hundred ninety-two of this article shall be a misdemeanor
and shall be punishable by a fine of not less than five hundred  dollars
nor more than one thousand dollars, or by imprisonment in a penitentiary
or  county  jail  for  not  more than one year, or by both such fine and
imprisonment. A violation of  paragraph  (a)  of  subdivision  two-a  of
section eleven hundred ninety-two of this article shall be a misdemeanor
and  shall be punishable by a fine of not less than one thousand dollars
nor more than two thousand five hundred dollars or by imprisonment in  a
penitentiary  or county jail for not more than one year, or by both such
fine and imprisonment.
  (ii) In addition to the imposition of any fine or period of  imprison-
ment  set  forth  in  this paragraph, the court shall also sentence such
person convicted [of] OR ADJUDICATED A YOUTHFUL OFFENDER FOR a violation
of subdivision two, two-a [or], three OR PARAGRAPH  (B)  OF  SUBDIVISION
FOUR-A  of section eleven hundred ninety-two of this article to a period
of probation or conditional discharge, as a condition of which it  shall
order  such  person  NOT  TO OPERATE A MOTOR VEHICLE WITHOUT AN IGNITION
INTERLOCK DEVICE, NOT TO OPERATE A MOTOR VEHICLE WITH  A  BLOOD  ALCOHOL
CONCENTRATION ABOVE THE SETPOINT OF THE IGNITION INTERLOCK DEVICE AND to
install and maintain, in accordance with the provisions of section elev-
en hundred ninety-eight of this article, an ignition interlock device in
any  motor  vehicle TITLED, REGISTERED OR OTHERWISE owned or operated by
such person OR, IF SUCH PERSON DOES NOT OWN  A  MOTOR  VEHICLE,  IN  THE
VEHICLE  OPERATED BY SUCH PERSON AT THE TIME OF THE VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR IN AT  LEAST  ONE  VEHICLE
REGISTERED  TO SUCH PERSON'S HOUSEHOLD during the term of such probation
or conditional discharge imposed for such violation  of  section  eleven
hundred  ninety-two  of  this  article and in no event for less than six
months. THE PERIOD OF INTERLOCK RESTRICTION SHALL COMMENCE FROM THE DATE
OF SENTENCING OR, IN THE CASE OF A PLEA DISPOSITION, MAY  COMMENCE  FROM
THE  DATE  OF  INSTALLATION OF AN IGNITION INTERLOCK DEVICE AT A DATE IN
ADVANCE OF SENTENCING. THE IGNITION INTERLOCK DEVICE SHALL BE  INSTALLED
FOR NO LESS THAN SIX MONTHS, REGARDLESS OF THE COMMENCEMENT DATE. IN THE
EVENT  THAT  THE  COURT  MAKES  A  DETERMINATION  OF  GOOD CAUSE FOR NOT
INSTALLING AN IGNITION INTERLOCK DEVICE PURSUANT TO SUBDIVISION FOUR  OF
SECTION  ELEVEN  HUNDRED  NINETY-EIGHT OF THIS ARTICLE ON THE BASIS THAT
SUCH PERSON DOES NOT OWN AND WILL  NOT  OPERATE  A  MOTOR  VEHICLE,  THE
IGNITION INTERLOCK RESTRICTION SHALL REMAIN IN EFFECT FOR THE FULL PERI-
OD OF SUCH PERSON'S CONDITIONAL DISCHARGE OR PROBATION PURSUANT TO ARTI-
CLE SIXTY-FIVE OF THE PENAL LAW AND THE COURT SHALL SENTENCE SUCH PERSON
TO WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE FOR A PERIOD OF NOT LESS
THAN  SIX  MONTHS. UNDER NO CIRCUMSTANCES SHALL A CONDITIONAL LICENSE BE
ISSUED, OR A LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE BE  GRANTED
OR RESTORED UNTIL SUCH PERSON CAN DEMONSTRATE COMPLIANCE WITH EITHER THE
IGNITION  INTERLOCK OR TRANSDERMAL ALCOHOL MONITORING PROVISIONS OF THIS
SECTION PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED TEN OF THIS
CHAPTER. FOR THE PURPOSES OF OBTAINING A CONDITIONAL LICENSE WHILE UNDER
THE PERIOD OF  RESTRICTION,  SUCH  COMPLIANCE  CAN  BE  DEMONSTRATED  BY
PROVIDING  PROOF AT THE TIME OF APPLICATION FOR A CONDITIONAL LICENSE OF

S. 2608--C                         46

THE INSTALLATION OF AN IGNITION INTERLOCK DEVICE TO BE MONITORED  PURSU-
ANT  TO SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE FOR A PERIOD
OF NO LESS THAN THE FIRST SIX MONTHS AFTER THE  CONDITIONAL  LICENSE  IS
GRANTED.  THE  PROOF  WILL  BE  PROVIDED  TO  THE  DEPARTMENT  IN A FORM
PRESCRIBED BY THE COMMISSIONER.  [Provided, however, the] THE court  may
not  authorize  the  operation  of  a  motor vehicle by any person whose
license or privilege to operate a motor vehicle has been revoked  pursu-
ant to the provisions of this section.
  (c)  Felony  offenses.  (i)  A  person  who  operates a vehicle (A) in
violation of subdivision two, two-a, three, four or  four-a  of  section
eleven hundred ninety-two of this article after having been convicted of
a  violation  of  subdivision  two, two-a, three, four or four-a of such
section or of vehicular assault  in  the  second  or  first  degree,  as
defined,  respectively,  in  sections  120.03  and 120.04 and aggravated
vehicular assault as defined in section 120.04-a of the penal law or  of
vehicular  manslaughter  in  the  second  or  first  degree, as defined,
respectively, in sections 125.12 and  125.13  and  aggravated  vehicular
homicide  as defined in section 125.14 of such law, within the preceding
ten years, or (B) in violation of paragraph (b) of subdivision two-a  of
section  eleven  hundred ninety-two of this article shall be guilty of a
class E felony, and shall be punished by a fine of  not  less  than  one
thousand  dollars  nor more than five thousand dollars or by a period of
imprisonment as provided in the penal law, or  by  both  such  fine  and
imprisonment.
  (ii)  A person who operates a vehicle in violation of subdivision two,
two-a, three, four or four-a of section  eleven  hundred  ninety-two  of
this  article  after having been convicted of a violation of subdivision
two, two-a, three, four or  four-a  of  such  section  or  of  vehicular
assault  in  the  second  or  first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault  as  defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such  law,  twice  within  the preceding ten years, shall be guilty of a
class D felony, and shall be punished by a fine of  not  less  than  two
thousand  dollars  nor  more than ten thousand dollars or by a period of
imprisonment as provided in the penal law, or  by  both  such  fine  and
imprisonment.
  (iii) In addition to the imposition of any fine or period of imprison-
ment  set  forth  in  this paragraph, the court shall also sentence such
person convicted [of] OR ADJUDICATED A YOUTHFUL OFFENDER FOR a violation
of subdivision two, two-a [or], three OR PARAGRAPH  (B)  OF  SUBDIVISION
FOUR-A  of section eleven hundred ninety-two of this article to a period
of probation or conditional discharge, as a condition of which it  shall
order  such  person  NOT  TO OPERATE A MOTOR VEHICLE WITHOUT AN IGNITION
INTERLOCK DEVICE, NOT TO OPERATE A MOTOR VEHICLE WITH  A  BLOOD  ALCOHOL
CONCENTRATION  ABOVE  THE SETPOINT OF THE IGNITION INTERLOCK DEVICE, AND
to install and maintain, in accordance with the  provisions  of  section
eleven  hundred  ninety-eight  of  this  article,  an ignition interlock
device in any motor vehicle TITLED, REGISTERED  OR  OTHERWISE  owned  or
operated by such person OR, IF SUCH PERSON DOES NOT OWN A MOTOR VEHICLE,
IN  THE  VEHICLE OPERATED BY SUCH PERSON AT THE TIME OF THE VIOLATION OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR IN  AT  LEAST  ONE
VEHICLE  REGISTERED  TO  SUCH PERSON'S HOUSEHOLD during the term of such
probation or conditional discharge imposed for such violation of section
eleven hundred ninety-two of this article and in no event for  a  period

S. 2608--C                         47

of  less  than  six  months.  THE  PERIOD OF INTERLOCK RESTRICTION SHALL
COMMENCE FROM THE DATE OF SENTENCING OR IN THE CASE OF A  PLEA  DISPOSI-
TION,  MAY  COMMENCE FROM THE DATE OF INSTALLATION OF AN IGNITION INTER-
LOCK  DEVICE  AT A DATE IN ADVANCE OF SENTENCING. THE IGNITION INTERLOCK
DEVICE SHALL BE INSTALLED FOR NO LESS THAN SIX MONTHS, REGARDLESS OF THE
COMMENCEMENT DATE.  IN THE EVENT THAT THE COURT MAKES A DETERMINATION OF
GOOD CAUSE FOR NOT INSTALLING AN IGNITION INTERLOCK DEVICE  PURSUANT  TO
SUBDIVISION  FOUR OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE
ON THE BASIS THAT SUCH PERSON DOES NOT OWN AND WILL NOT OPERATE A  MOTOR
VEHICLE,  THE  IGNITION INTERLOCK RESTRICTION SHALL REMAIN IN EFFECT FOR
THE FULL PERIOD OF SUCH  PERSON'S  CONDITIONAL  DISCHARGE  OR  PROBATION
PURSUANT  TO  ARTICLE  SIXTY-FIVE  OF  THE PENAL LAW AND THE COURT SHALL
SENTENCE SUCH PERSON TO WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE FOR
A PERIOD OF NOT LESS THAN SIX MONTHS. UNDER  NO  CIRCUMSTANCES  SHALL  A
CONDITIONAL  LICENSE  BE  ISSUED, OR A LICENSE OR PRIVILEGE TO OPERATE A
MOTOR VEHICLE BE GRANTED OR RESTORED UNTIL SUCH PERSON  CAN  DEMONSTRATE
COMPLIANCE  WITH  EITHER  THE  IGNITION INTERLOCK OR TRANSDERMAL ALCOHOL
MONITORING PROVISIONS OF THIS SECTION PURSUANT TO  SUBDIVISION  NINE  OF
SECTION  FIVE HUNDRED TEN OF THIS CHAPTER. FOR THE PURPOSES OF OBTAINING
A CONDITIONAL LICENSE  WHILE  UNDER  THE  PERIOD  OF  RESTRICTION,  SUCH
COMPLIANCE  CAN BE DEMONSTRATED BY PROVIDING PROOF AT THE TIME OF APPLI-
CATION FOR A  CONDITIONAL  LICENSE  PROOF  OF  THE  INSTALLATION  OF  AN
IGNITION  INTERLOCK  DEVICE  TO  BE MONITORED PURSUANT TO SECTION ELEVEN
HUNDRED NINETY-EIGHT OF THIS ARTICLE FOR A PERIOD OF NO  LESS  THAN  THE
FIRST  SIX  MONTHS FROM THE DATE OF ISSUANCE OF THE CONDITIONAL LICENSE.
THE PROOF WILL BE PROVIDED TO THE DEPARTMENT IN A FORM PRESCRIBED BY THE
COMMISSIONER. [Provided, however, the] THE court may not  authorize  the
operation of a motor vehicle by any person whose license or privilege to
operate  a  motor vehicle has been revoked pursuant to the provisions of
this section.
  S 2. Paragraph (g) of subdivision 1 of section 1193 of the vehicle and
traffic law, as amended by section 57 of part A of  chapter  56  of  the
laws of 2010, is amended to read as follows:
  (g) The office of probation and correctional alternatives shall recom-
mend  to  the  commissioner of the division of criminal justice services
regulations governing the monitoring of compliance  by  persons  ordered
NOT TO OPERATE A MOTOR VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE, NOT
TO  OPERATE A MOTOR VEHICLE WITH A BLOOD ALCOHOL CONCENTRATION ABOVE THE
SETPOINT OF THE IGNITION INTERLOCK DEVICE AND to  install  and  maintain
ignition  interlock  devices  IN ANY MOTOR VEHICLE TITLED, REGISTERED OR
OTHERWISE OWNED OR OPERATED BY SUCH PERSON, OR IF SUCH PERSON  DOES  NOT
OWN  A MOTOR VEHICLE, IN THE VEHICLE OPERATED BY SUCH PERSON AT THE TIME
OF THE VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF  THIS  ARTICLE,
OR  IN AT LEAST ONE VEHICLE REGISTERED TO SUCH PERSON'S HOUSEHOLD, OR IN
THE ALTERNATIVE TO WEAR A  TRANSDERMAL  ALCOHOL  MONITORING  DEVICE,  to
provide  standards  for  monitoring  by  departments  of  probation, and
options for monitoring of compliance by such persons, that counties  may
adopt as an alternative to monitoring by a department of probation.
  S  3.  Subdivisions  1,  2, 3, 4 and paragraph (a) of subdivision 5 of
section 1198 of the vehicle and traffic law, as amended by  chapter  496
of the laws of 2009, are amended to read as follows:
  1.  Applicability. The provisions of this section shall apply through-
out the state to each person required or otherwise ordered by a court as
a condition of probation or conditional discharge NOT TO OPERATE A MOTOR
VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE, NOT  TO  OPERATE  A  MOTOR
VEHICLE  WITH  A  BLOOD  ALCOHOL CONCENTRATION ABOVE THE SETPOINT OF THE

S. 2608--C                         48

IGNITION INTERLOCK DEVICE AND  to  install  and  [operate]  MAINTAIN  an
ignition  interlock device in any vehicle FOR which he or she HAS TITLE,
REGISTRATION, OR OTHERWISE owns or operates, OR IF SUCH PERSON DOES  NOT
OWN  A MOTOR VEHICLE, IN THE VEHICLE OPERATED BY SUCH PERSON AT THE TIME
OF THE VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF  THIS  ARTICLE,
OR  IN AT LEAST ONE VEHICLE REGISTERED TO SUCH PERSON'S HOUSEHOLD, OR IN
THE ALTERNATIVE ORDERED TO WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE.
  2. Requirements. (a) In addition to any other penalties prescribed  by
law, the court shall require that any person who has been convicted [of]
OR  ADJUDICATED  A YOUTHFUL OFFENDER FOR a violation of subdivision two,
two-a [or], three OR PARAGRAPH (B)  OF  SUBDIVISION  FOUR-A  of  section
eleven  hundred ninety-two of this article, or any crime defined by this
chapter or the penal law of which an alcohol-related  violation  of  any
provision  of  section  eleven  hundred ninety-two of this article is an
essential element, [to] SHALL NOT OPERATE A  MOTOR  VEHICLE  WITHOUT  AN
IGNITION  INTERLOCK  DEVICE, OR WITH A BLOOD ALCOHOL CONCENTRATION ABOVE
THE SETPOINT OF THE IGNITION INTERLOCK  DEVICE  AND  SHALL  install  and
maintain,  as a condition of probation or conditional discharge, a func-
tioning ignition interlock device OR SHALL IN  THE  ALTERNATIVE  WEAR  A
TRANSDERMAL  ALCOHOL MONITORING DEVICE in accordance with the provisions
of this section and, as applicable, in accordance with the provisions of
subdivisions one and one-a of section  eleven  hundred  ninety-three  of
this  article; provided, however, the court may not authorize the opera-
tion of a motor vehicle by any person  whose  license  or  privilege  to
operate  a motor vehicle has been revoked except as provided herein. For
any such individual subject to a sentence of probation, installation and
maintenance of such ignition interlock device shall be  a  condition  of
probation.
  (b)  Nothing  contained  in  this section shall prohibit a court, upon
application by a probation department, from modifying the conditions  of
probation  of  any  person convicted of any violation set forth in para-
graph (a) of this subdivision  prior  to  the  effective  date  of  this
section,  to  require  the installation and maintenance of a functioning
ignition interlock device, and such person shall thereafter  be  subject
to the provisions of this section.
  [(c)  Nothing  contained  in  this  section shall authorize a court to
sentence any person to a period of probation  or  conditional  discharge
for  the  purpose  of  subjecting  such person to the provisions of this
section, unless such person would have otherwise been so eligible for  a
sentence of probation or conditional discharge.]
  3.  Conditions.  (a)  Notwithstanding  any other provision of law, the
commissioner may grant a [post-revocation] conditional license[, as  set
forth  in  paragraph  (b)  of this subdivision, to a person who has been
convicted of a violation of subdivision two, two-a or three  of  section
eleven  hundred ninety-two of this article and who has been sentenced to
a period of probation or conditional discharge, provided the person  has
satisfied  the  minimum  period of license revocation established by law
and the commissioner has been notified that such person may operate only
a motor vehicle equipped with a functioning ignition  interlock  device]
IN  ACCORDANCE  WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-SIX
OF THIS ARTICLE.
  (B) No such request shall be made nor shall such a license be granted,
however, if such person has been found by a court to have [committed  a]
BEEN  CHARGED  WITH  A  violation of section five hundred eleven of this
chapter during the license revocation period, OR A VIOLATION OF  SECTION
ELEVEN  HUNDRED  NINETY-TWO OF THIS ARTICLE, OR FOR OPERATION OF A MOTOR

S. 2608--C                         49

VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE WHEN REQUIRED TO  HAVE  ONE
PURSUANT  TO  THIS  SECTION,  or  deemed by a court to have violated any
condition of probation or conditional discharge set forth by  the  court
relating to the operation of a motor vehicle or the consumption of alco-
hol.  [In exercising discretion relating to the issuance of a post-revo-
cation conditional license pursuant to this subdivision, the commission-
er shall not  deny  such  issuance  based  solely  upon  the  number  of
convictions  for violations of any subdivision of section eleven hundred
ninety-two of this article committed by such person within the ten years
prior to application for such license.] IN ORDER FOR THE REQUEST  FOR  A
CONDITIONAL  LICENSE  TO  BE  DENIED ON THE BASIS OF HAVING BEEN CHARGED
WITH THE ENUMERATED VIOLATIONS, THE COURT MUST FIND PRIOR TO THE CONCLU-
SION OF THE PROCEEDINGS FOR ARRAIGNMENT THAT THE  ACCUSATORY  INSTRUMENT
CONFORMS TO THE REQUIREMENTS OF SECTION 100.40 OF THE CRIMINAL PROCEDURE
LAW  AND  THERE  EXISTS  REASONABLE  CAUSE  TO  BELIEVE THAT SUCH PERSON
VIOLATED THE PROVISIONS OF SECTION FIVE HUNDRED ELEVEN OF  THIS  CHAPTER
OR OPERATED A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION ONE, TWO, TWO-A,
THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTI-
CLE  OR  OPERATED  A  MOTOR VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE
WHEN REQUIRED TO HAVE ONE PURSUANT TO THIS SECTION. THE COURT SHALL MAKE
A FINDING AND SET IT FORTH UPON THE RECORD, OR OTHERWISE SET IT FORTH IN
WRITING. THE FINDING SHALL BE  FILED  WITH  THE  DEPARTMENT  IN  A  FORM
PRESCRIBED BY THE COMMISSIONER. AT SUCH TIME THE LICENSEE SHALL BE ENTI-
TLED  TO  AN  OPPORTUNITY  TO MAKE A STATEMENT REGARDING THE CHARGES AND
ISSUES AND TO PRESENT EVIDENCE TENDING TO REBUT  THE  COURT'S  FINDINGS.
THE  LICENSEE MAY PRESENT MATERIAL AND RELEVANT EVIDENCE, HOWEVER, HE OR
SHE MAY NOT CAUSE THE LAW ENFORCEMENT OFFICERS INVOLVED IN THE  UNDERLY-
ING  ARREST OR ARRESTS TO BE CALLED TO TESTIFY UNLESS THE LICENSEE FIRST
DEMONSTRATES TO THE SATISFACTION OF THE COURT  A  GOOD  FAITH  BASIS  TO
BELIEVE  SUCH  OFFICERS  WILL  PROVIDE  TESTIMONY  INCONSISTENT WITH THE
FACTUAL PORTION OF THE ACCUSATORY INSTRUMENT WHICH FORMED THE  BASIS  OF
THE  COURT'S  FINDING  OF COMPLIANCE WITH SECTION 100.40 OF THE CRIMINAL
PROCEDURE LAW AND THERE EXISTS REASONABLE  CAUSE  TO  BELIEVE  THAT  THE
HOLDER  VIOLATED THE SECTIONS CHARGED. IN NO EVENT SHALL THE ARRAIGNMENT
BE ADJOURNED OR OTHERWISE DELAYED MORE THAN THREE BUSINESS  DAYS  SOLELY
FOR  THE  PURPOSE OF ALLOWING THE LICENSEE TO REBUT THE COURT'S FINDING.
Upon the termination of the period of probation or conditional discharge
set by the court, the person may apply to the commissioner for  restora-
tion  of a license or privilege to operate a motor vehicle in accordance
with this chapter.
  [(b) Notwithstanding any inconsistent provision  of  this  chapter,  a
post-revocation conditional license granted pursuant to paragraph (a) of
this  subdivision shall be valid only for use by the holder thereof, (1)
enroute to and from the holder's place of employment, (2) if  the  hold-
er's  employment  requires  the operation of a motor vehicle then during
the hours thereof, (3) enroute to and from  a  class  or  course  at  an
accredited school, college or university or at a state approved institu-
tion  of vocational or technical training, (4) to and from court ordered
probation activities, (5) to and from a motor  vehicle  office  for  the
transaction  of  business relating to such license, (6) for a three hour
consecutive daytime period, chosen by the department, on  a  day  during
which  the  participant  is not engaged in usual employment or vocation,
(7) enroute to and from a medical examination or treatment as part of  a
necessary  medical  treatment  for  such  participant  or  member of the
participant's household, as evidenced by a  written  statement  to  that
effect  from  a licensed medical practitioner, (8) enroute to and from a

S. 2608--C                         50

class or an activity which is an authorized part of the alcohol and drug
rehabilitation  program  and  at  which  participant's   attendance   is
required,  and  (9)  enroute to and from a place, including a school, at
which  a child or children of the participant are cared for on a regular
basis and which is  necessary  for  the  participant  to  maintain  such
participant's  employment or enrollment at an accredited school, college
or university or at a state approved institution of vocational or  tech-
nical training.]
  (c)  The  [post-revocation]  conditional  license  described  in [this
subdivision] SECTION ELEVEN HUNDRED NINETY-SIX OF THIS ARTICLE,  may  be
revoked  by  the  commissioner  for  sufficient  cause including but not
limited to, failure to  comply  with  the  terms  of  the  condition  of
probation or conditional discharge set forth by the court, conviction of
any traffic offense other than one involving parking, stopping or stand-
ing  [or  conviction  of] AND SHALL BE REVOKED BY THE COMMISSIONER WHERE
SUCH PERSON IS FOUND BY THE COURT TO HAVE BEEN CHARGED WITH any  alcohol
or drug related offense, misdemeanor or felony, ANY VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, ANY VIOLATION OF SECTION FIVE
HUNDRED  ELEVEN OF THIS ARTICLE, OR WITH OPERATING A MOTOR VEHICLE WITH-
OUT AN IGNITION INTERLOCK DEVICE WHEN REQUIRED TO DO SO, or  failure  to
install or maintain a court ordered ignition interlock device.
  (d) [Nothing contained herein shall prohibit the court from requiring,
as  a  condition of probation or conditional discharge, the installation
of a functioning ignition interlock device in any vehicle owned or oper-
ated by a person sentenced for a violation of subdivision two, two-a, or
three of section eleven hundred ninety-two of this chapter, or any crime
defined by this chapter or the penal law  of  which  an  alcohol-related
violation  of any provision of section eleven hundred ninety-two of this
chapter is an essential element, if the court in its discretion,  deter-
mines  that  such a condition is necessary to ensure the public safety.]
Imposition of an ignition interlock condition shall in no way limit  the
effect  of  any  period of license suspension or revocation set forth by
the commissioner or the court.
  (e) Nothing contained herein shall prevent the court from applying any
other conditions of probation or conditional discharge allowed  by  law,
including treatment for alcohol or drug abuse, restitution and community
service.
  (f) The commissioner shall note on the operator's record of any person
restricted  pursuant  to  this  section  UPON SENTENCING OR DATE OF PLEA
DISPOSITION IN ADVANCE OF SENTENCING that,  in  addition  to  any  other
restrictions,  conditions or limitations, such person may operate only a
motor vehicle equipped with an ignition interlock device.
  4. Proof of compliance and recording of condition. (a) Following impo-
sition by the court of the use of an  ignition  interlock  device  as  a
condition  of  probation  or  conditional discharge it shall require the
person to provide proof of compliance with this section to the court and
the probation department OR OTHER MONITOR where  such  person  is  under
probation,  SUPERVISION, or conditional discharge [supervision] MONITOR-
ING.  A CLAIM BY SUCH PERSON THAT HE OR  SHE  HAS  GOOD  CAUSE  FOR  NOT
INSTALLING AN IGNITION INTERLOCK DEVICE SHALL BE MADE TO THE COURT AT OR
BEFORE SENTENCING, IN WRITING IN THE FORM OF A SWORN AFFIDAVIT SIGNED BY
SUCH  PERSON ASSERTING UNDER OATH THAT SUCH PERSON IS NOT THE REGISTERED
OR TITLED OWNER OF ANY MOTOR VEHICLE AND  WILL  NOT  OPERATE  ANY  MOTOR
VEHICLE  DURING  THE PERIOD OF RESTRICTION, OR THAT SUCH PERSON DOES NOT
HAVE ACCESS TO THE VEHICLE OPERATED BY SUCH PERSON AT THE  TIME  OF  THE
VIOLATION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR THAT

S. 2608--C                         51

THE REGISTERED OWNER OF THAT VEHICLE OR ANY VEHICLE REGISTERED  TO  SUCH
PERSON'S  HOUSEHOLD  WILL  NOT  GIVE  CONSENT FOR THE INSTALLATION OF AN
IGNITION INTERLOCK DEVICE ON HIS OR HER VEHICLE. IN ADDITION, THE  AFFI-
DAVIT  MUST ALSO INCLUDE A STATEMENT REGARDING WHETHER SUCH PERSON OWNED
ANY MOTOR VEHICLE ON THE DATE OF THE  UNDERLYING  VIOLATION  OF  SECTION
ELEVEN  HUNDRED  NINETY-TWO OF THIS ARTICLE AND WHETHER OWNERSHIP OF ANY
OF THOSE VEHICLES HAS BEEN TRANSFERRED TO ANOTHER PARTY BY SALE, GIFT OR
ANY OTHER MEANS SINCE THE DATE OF SAID  VIOLATION.  THE  AFFIDAVIT  MUST
INCLUDE A STATEMENT FROM SUCH PERSON THAT HE OR SHE HAS NOT AND WILL NOT
TRANSFER  OWNERSHIP  OF ANY VEHICLE TO EVADE INSTALLATION OF AN IGNITION
INTERLOCK DEVICE. THE AFFIDAVIT MUST ALSO INCLUDE THE  ADDRESS  OF  SUCH
PERSON'S  EMPLOYMENT  (IF  ANY) AND HOW SUCH PERSON INTENDS TO TRAVEL TO
THAT LOCATION DURING THE PERIOD OF  RESTRICTION.  THE  PERSON  MAY  ALSO
INCLUDE  ANY  OTHER  FACTS  AND CIRCUMSTANCES SUCH PERSON BELIEVES TO BE
RELEVANT TO THE CLAIM OF GOOD CAUSE.  THE  COURT  MUST  MAKE  A  FINDING
WHETHER  GOOD  CAUSE  EXISTS  ON THE RECORD AND, IF GOOD CAUSE IS FOUND,
ISSUE SUCH FINDING IN WRITING TO BE FILED BY SUCH PERSON WITH  PROBATION
OR  THE  IGNITION  INTERLOCK  MONITOR,  AS APPROPRIATE. IN THE EVENT THE
COURT DENIES SUCH PERSON'S CLAIM OF GOOD CAUSE ON THE BASIS OF THE AFFI-
DAVIT FILED WITH THE COURT, SUCH PERSON MUST BE GIVEN AN OPPORTUNITY  TO
BE  HEARD. SUCH PERSON MAY ALSO WAIVE THE OPPORTUNITY TO BE HEARD. WHERE
THE COURT FINDS GOOD CAUSE FOR SUCH PERSON NOT TO  INSTALL  AN  IGNITION
INTERLOCK  DEVICE,  THE PERIOD OF INTERLOCK RESTRICTION ON SUCH PERSON'S
OPERATING RECORD SHALL REMAIN IN EFFECT FOR  THE  FULL  PERIOD  OF  SUCH
PERSON'S   CONDITIONAL   DISCHARGE  OR  PROBATION  PURSUANT  TO  ARTICLE
SIXTY-FIVE OF THE PENAL LAW AND THE COURT SHALL SENTENCE SUCH PERSON  TO
WEAR  A  TRANSDERMAL  ALCOHOL MONITORING DEVICE FOR A PERIOD OF NOT LESS
THAN SIX MONTHS. IN THE EVENT THE COURT ALSO SENTENCES  SUCH  PERSON  TO
ABSTAIN  OR RESTRICT HIS OR HER CONSUMPTION OF ALCOHOL DURING THE TRANS-
DERMAL ALCOHOL MONITORING PERIOD, THE DETECTION OF ALCOHOL BY THE TRANS-
DERMAL DEVICE SHALL BE REPORTED BY  PROBATION  OR  THE  MONITOR  TO  THE
COURT.  WHERE NO SUCH RESTRICTION IS IMPOSED BY THE COURT, THE TRANSDER-
MAL DATA WILL BE REPORTED TO THE DEPARTMENT IN A FORM PRESCRIBED BY  THE
COMMISSIONER  FOR CONSIDERATION DURING RELICENSING. If [the] A person IS
ORDERED TO INSTALL AND MAINTAIN AN IGNITION INTERLOCK  DEVICE  AND  SUCH
PERSON fails to provide [for such] proof of installation TO PROBATION OR
THE MONITOR, AS APPROPRIATE, absent a finding by the court of good cause
for  that  failure which is entered in the record, the court may revoke,
modify, or terminate the person's sentence of probation  or  conditional
discharge as provided under law.
  (b) When a court imposes the condition specified in subdivision one of
this  section, the court shall notify the commissioner in such manner as
the commissioner may prescribe, and the  commissioner  shall  note  such
condition  on  the operating record of the person subject to such condi-
tions.
  (a) The cost of installing  and  maintaining  the  ignition  interlock
device  OR  TRANSDERMAL  ALCOHOL MONITORING DEVICE shall be borne by the
person subject to such condition unless the court determines such person
is financially unable to afford such  cost  whereupon  such  cost  [may]
SHALL  be  imposed pursuant to a payment plan or, IF NO PAYMENT PLAN CAN
BE ESTABLISHED, THE COURT MUST STATE THE REASONS WHY A PAYMENT  PLAN  IS
NOT  FEASIBLE ON THE RECORD AND MAY ORDER THE COST TO BE waived.  In the
event of such waiver, the cost of the device shall be borne  in  accord-
ance  with  regulations issued under paragraph (g) of subdivision one of
section eleven hundred ninety-three of this article or pursuant to  such
other agreement as may be entered into for provision of the device. Such

S. 2608--C                         52

cost  shall be considered a fine for the purposes of subdivision five of
section 420.10 of the  criminal  procedure  law.  Such  cost  shall  not
replace,  but shall instead be in addition to, any fines, surcharges, or
other costs imposed pursuant to this chapter or other applicable laws.
  S  4. Subdivision 8 of section 1198 of the vehicle and traffic law, as
amended by chapter 496 of the laws  of  2009,  is  amended  to  read  as
follows:
  8. Employer vehicle. Notwithstanding the provisions of subdivision one
and  paragraph  (d)  of subdivision nine of this section, if a person is
required to operate a motor vehicle owned by said person's  employer  in
the  course  and  scope of his or her employment, the person may operate
that vehicle without installation  of  an  approved  ignition  interlock
device  only  in the course and scope of such employment and only if the
employer has been notified that the person's driving privilege has  been
restricted under the provisions of this article or the penal law and the
person whose privilege has been so restricted has provided the court and
probation  department with written documentation indicating the employer
has knowledge of the restriction imposed and has granted permission  for
the person to operate the employer's vehicle without the device only for
business  purposes.  The person shall notify the court and the probation
department, OR THE INTERLOCK MONITOR, AS  APPROPRIATE,  of  his  or  her
intention  to so operate the employer's vehicle.  THE COURT MAY GRANT OR
DENY SUCH PERSON'S REQUEST TO OPERATE A MOTOR  VEHICLE,  OWNED  BY  SAID
PERSON'S  EMPLOYER,  IN  THE  COURSE  AND SCOPE OF HIS OR HER EMPLOYMENT
WITHOUT INSTALLATION OF AN APPROVED IGNITION INTERLOCK DEVICE. WHERE THE
COURT GRANTS THE REQUEST, IT MUST  BE  GRANTED  IN  WRITING  IN  A  FORM
PRESCRIBED  BY  THE COMMISSIONER TO BE FILED WITH PROBATION OR THE MONI-
TOR, AS APPROPRIATE, AND TO BE CARRIED  BY  SUCH  PERSON  WHENEVER  SAID
PERSON  IS  OPERATING  THE  EMPLOYER'S  VEHICLE  IN ACCORDANCE WITH THIS
SECTION AND SUCH PERSON MUST PRODUCE SAID DOCUMENT TO A LAW  ENFORCEMENT
OFFICER  UPON REQUEST.  ADDITIONALLY, THE COMMISSIONER SHALL NOTE ON THE
OPERATOR'S RECORD OF ANY PERSON AUTHORIZED TO OPERATE AN EMPLOYER  VEHI-
CLE  PURSUANT TO THIS SUBDIVISION THAT SUCH PERSON IS ONLY AUTHORIZED TO
OPERATE WITHOUT AN IGNITION INTERLOCK DEVICE WHILE DRIVING  AN  EMPLOYER
VEHICLE  WITHIN  THE  COURSE AND SCOPE OF HIS OR HER EMPLOYMENT. A motor
vehicle owned by a business entity which business entity is all or part-
ly owned or controlled by a person otherwise subject to  the  provisions
of  this  article  or  the penal law is not a motor vehicle owned by the
employer for purposes of the exemption provided in this subdivision. The
provisions of this subdivision shall apply only to the operation of such
vehicle in the scope of such employment.
  S 5. Subdivision 15-a of  section  259-c  of  the  executive  law,  as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  15-a.  Notwithstanding  any  other provision of law, where a person is
serving a sentence for a violation of section 120.03, 120.04,  120.04-a,
125.12,  125.13  or  125.14  of the penal law, or a felony as defined in
paragraph (c) of subdivision one of section eleven hundred  ninety-three
of  the vehicle and traffic law, if such person is released on parole or
conditional release the board shall require as a mandatory condition  of
such  release, that such person install and maintain, in accordance with
the provisions of section eleven hundred ninety-eight of the vehicle and
traffic law, an ignition interlock device in any motor  vehicle  TITLED,
REGISTERED OR OTHERWISE owned or operated by such person during the term
of  such  parole  or conditional release for such crime.  THIS MANDATORY
INSTALLATION OF AN IGNITION INTERLOCK DEVICE AS A CONDITION  OF  RELEASE

S. 2608--C                         53

SHALL  RUN  CONCURRENTLY  WITH  ANY REQUIRED INSTALLATION OF AN IGNITION
INTERLOCK DEVICE ORDERED BY THE COURT AS A CONDITION  OF  A  CONSECUTIVE
PERIOD  OF  CONDITIONAL DISCHARGE OR PROBATION PURSUANT TO SECTION 60.21
OF  THE  PENAL  LAW.    MONITORING  DURING THE PERIOD OF PAROLE SHALL BE
PROVIDED BY THE DIVISION OF PAROLE.  IF THERE IS AN ADDITIONAL PERIOD OF
PROBATION EXTENDING BEYOND THE  PERIOD  OF  PAROLE,  MONITORING  OF  ANY
REMAINING  PERIOD OF IGNITION INTERLOCK RESTRICTION SHALL BE TRANSFERRED
FROM THE DIVISION OF PAROLE TO PROBATION AT THE  CONCLUSION  OF  PAROLE.
Provided  further,  however,  the  board may not otherwise authorize the
operation of a motor vehicle by any person whose license or privilege to
operate a motor vehicle has been revoked pursuant to the  provisions  of
the vehicle and traffic law.
  S  6.  Section  60.36 of the penal law, as added by chapter 496 of the
laws of 2009, is amended to read as follows:
S 60.36 Authorized dispositions; driving while intoxicated offenses.
  Where a court is imposing a sentence for a  violation  of  subdivision
two,  two-a,  [or]  three,  OR  PARAGRAPH  (B)  OF SUBDIVISION FOUR-A of
section eleven hundred ninety-two of the vehicle and traffic law OR  FOR
A  VIOLATION  OF  SECTION  120.03,  120.04,  120.04-A, 125.12, 125.13 OR
125.14 OF THIS CHAPTER, OR A FELONY  AS  DEFINED  IN  PARAGRAPH  (C)  OF
SUBDIVISION  ONE  OF  SECTION ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE
AND TRAFFIC LAW, pursuant to sections 65.00 or 65.05 of this title  and,
as a condition of such sentence, orders the installation and maintenance
of  an ignition interlock device, the court may impose any other penalty
authorized pursuant to section eleven hundred ninety-three of the  vehi-
cle and traffic law.
  S  7.  Section  60.21 of the penal law, as added by chapter 496 of the
laws of 2009, is amended to read as follows:
S 60.21 Authorized dispositions; driving while intoxicated or aggravated
          driving while intoxicated.
  Notwithstanding paragraph (d) of subdivision two of section  60.01  of
this  article,  when a person is to be sentenced upon a conviction for a
violation of subdivision two, two-a [or],  three  OR  PARAGRAPH  (B)  OF
SUBDIVISION  FOUR-A  of section eleven hundred ninety-two of the vehicle
and traffic law, OR FOR A VIOLATION OF SECTION 120.03, 120.04, 120.04-A,
125.12, 125.13 OR 125.14 OF THIS CHAPTER, OR  A  FELONY  AS  DEFINED  IN
PARAGRAPH  (C) OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-THREE
OF THE VEHICLE AND TRAFFIC LAW, OR ANY FELONY FOR WHICH A  VIOLATION  OF
SUBDIVISION  TWO,  TWO-A,  THREE, PARAGRAPH (B) OF SUBDIVISION FOUR-A OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW  IS  AN
ESSENTIAL  ELEMENT  the  court  may  sentence such person to a period of
imprisonment authorized by article  seventy  of  this  title  and  shall
sentence  such  person to a period of probation or conditional discharge
in accordance with the provisions of section 65.00  of  this  title  and
shall  order  the installation and maintenance of a functioning ignition
interlock device. Such period  of  probation  or  conditional  discharge
shall run consecutively to any period of imprisonment and shall commence
immediately  upon  such person's release from imprisonment NOTWITHSTAND-
ING, SUCH PERSON ALSO HAVING BEEN CONVICTED OF FELONY  CHARGES  THAT  DO
NOT  CONTAIN  A  VIOLATION  OF  SECTION ELEVEN HUNDRED NINETY-TWO OF THE
VEHICLE AND TRAFFIC LAW AS AN ESSENTIAL ELEMENT.    WHERE  A  PERSON  IS
SENTENCED TO THE MAXIMUM TERM OF INCARCERATION WITH A CONSECUTIVE PERIOD
OF  CONDITIONAL  DISCHARGE OR PROBATION, AND THE COURT FINDS SUCH PERSON
TO HAVE VIOLATED THE CONDITIONS OF DISCHARGE OR PROBATION, THE COURT  IN
ITS  DISCRETION  MAY  SENTENCE  THE DEFENDANT TO AN ADDITIONAL PERIOD OF
INCARCERATION NOT TO EXCEED NINETY  DAYS  FOR  EACH  VIOLATION.  NOTHING

S. 2608--C                         54

CONTAINED IN THIS SECTION SHALL PROHIBIT A COURT FROM IMPOSING ANY OTHER
SENTENCE OR MODIFICATION PERMITTED BY LAW.
  S  8.  Subparagraph 10 of paragraph b of subdivision 2 of section 1193
of the vehicle and traffic law, as added by chapter 173 of the  laws  of
1990, is amended to read as follows:
  (10)  Action  required by commissioner. Where a court fails to impose,
or incorrectly imposes, a suspension  or  revocation  required  by  this
subdivision,  OR  AN  INTERLOCK  RESTRICTION  REQUIRED BY SECTION ELEVEN
HUNDRED NINETY-EIGHT OF  THIS  ARTICLE,  the  commissioner  shall,  upon
receipt  of  a  certificate of conviction filed pursuant to section five
hundred fourteen of this chapter OR UPON NOTICE OF AN IGNITION INTERLOCK
REQUIREMENT BEFORE THE SENTENCE DATE AS  PART  OF  A  PLEA  DISPOSITION,
impose such mandated suspension [or], revocation[,] OR RESTRICTION which
shall supersede any such order which the court may have imposed.
  S 9. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 8-a to read as follows:
  8-A.    PROOF OF COMPLIANCE. A LICENSE OR REGISTRATION MAY BE RESTORED
BY DIRECTION OF THE COMMISSIONER BUT NOT OTHERWISE.  WHERE  THE  SUSPEN-
SION,  REVOCATION OR RESTRICTION IS THE RESULT OF A CRIMINAL CONVICTION,
NO LICENSE SHALL BE RESTORED AND NO RESTRICTION SHALL BE  REMOVED  UNTIL
PROOF  OF  COMPLIANCE  WITH  EACH  OF  THE  CONDITIONS OF THE OPERATOR'S
SENTENCE HAS BEEN PROVIDED TO THE DEPARTMENT IN A FORM PRESCRIBED BY THE
COMMISSIONER.
  S 10. Paragraph (h) of subdivision 2 of section 503 of the vehicle and
traffic law, as amended by section 1 of part PP of  chapter  59  of  the
laws of 2009, is amended to read as follows:
  (h)  An  applicant whose driver's license has been RESTRICTED PURSUANT
TO (I) PARAGRAPHS (B) AND (C)  OF  SUBDIVISION  ONE  OF  SECTION  ELEVEN
HUNDRED  NINETY-THREE  OF  THIS  CHAPTER AND (II) SECTION ELEVEN HUNDRED
NINETY-EIGHT OF THIS CHAPTER OR revoked pursuant  to  (i)  section  five
hundred  ten  of this title, (ii) section eleven hundred ninety-three of
this chapter, [and] (iii) section eleven  hundred  ninety-four  of  this
chapter  OR,  (IV)  A  FINDING  OF DRIVING AFTER HAVING CONSUMED ALCOHOL
PURSUANT TO THE PROVISIONS OF SECTION  ELEVEN  HUNDRED  NINETY-TWO-A  OF
THIS CHAPTER, shall, upon application for issuance of a driver's license
OR  REMOVAL  OF  THE  RESTRICTION,  pay to the commissioner a fee of one
hundred dollars.  [When the basis for the revocation  is  a  finding  of
driving  after  having  consumed  alcohol  pursuant to the provisions of
section eleven hundred ninety-two-a of this chapter, the fee to be  paid
to  the  commissioner  shall  be  one  hundred dollars.] Such fee is not
refundable and shall not be returned to the applicant regardless of  the
action  the commissioner may take on such person's application for rein-
statement of such driving license. Such fee shall be in addition to  any
other  fees  presently levied [but shall not apply to an applicant whose
driver's license was revoked for failure to pass a reexamination  or  to
an applicant who has been issued a conditional or restricted use license
under the provisions of article twenty-one-A or thirty-one of this chap-
ter].
  S  11. Subdivision 4-a of section 1192 of the vehicle and traffic law,
as added by chapter 732 of the laws of  2006,  is  amended  to  read  as
follows:
  4-a. Driving while ability impaired by the combined influence of drugs
or of alcohol and any drug or drugs. (A) No person shall operate a motor
vehicle  while  the  person's  ability  to operate such motor vehicle is
impaired by the combined influence of drugs [or].

S. 2608--C                         55

  (B) NO PERSON SHALL OPERATE A MOTOR VEHICLE WHILE THE PERSON'S ABILITY
TO OPERATE SUCH MOTOR VEHICLE IS IMPAIRED BY THE COMBINED  INFLUENCE  of
alcohol and any drug or drugs.
  S  12.  Paragraph (k-1) of subdivision 2 of section 65.10 of the penal
law, as amended by chapter 669 of the laws of 2007, is amended  to  read
as follows:
  (k-1) Install and maintain a functioning ignition interlock device, as
that  term  is  defined in section one hundred nineteen-a of the vehicle
and traffic law, in any vehicle owned or operated by the  defendant  [if
the  court  in its discretion determines that such a condition is neces-
sary to ensure the public safety. The court may require  such  condition
only  where  a  person  has been convicted of a violation of subdivision
two, two-a or three of section eleven hundred ninety-two of the  vehicle
and  traffic law, or any crime defined by the vehicle and traffic law or
this chapter of which an alcohol-related violation of any  provision  of
section  eleven  hundred ninety-two of the vehicle and traffic law is an
essential element]. The offender shall be required to install and  oper-
ate  the  ignition  interlock  device  [only] in accordance with section
eleven hundred ninety-eight of the vehicle and traffic law.
  S 13. Paragraph (d) of subdivision 2 of section 1193  of  the  vehicle
and traffic law, as added by chapter 47 of the laws of 1988 and subpara-
graph 1 as amended by section 34 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
  (d)   Suspension  or  revocation;  sentencing.  [(1)]  Notwithstanding
anything to the contrary contained in a certificate of relief from disa-
bilities or a certificate of good conduct  issued  pursuant  to  article
twenty-three  of  the  correction law, where a suspension or revocation,
other than a revocation required to be issued by  the  commissioner,  is
mandatory  pursuant  to  paragraph  (a)  or (b) of this subdivision, the
magistrate, justice or judge shall issue an order suspending or revoking
such license upon sentencing, and the  license  holder  shall  surrender
such license to the court. [Except as hereinafter provided, such suspen-
sion or revocation shall take effect immediately.
  (2)  Except where the license holder has been charged with a violation
of article one hundred twenty or one hundred twenty-five  of  the  penal
law arising out of the same incident or convicted of such violation or a
violation  of  any  subdivision  of section eleven hundred ninety-two of
this article within the preceding five  years,  the  judge,  justice  or
magistrate  may issue an order making said license suspension or revoca-
tion take effect twenty days after the date of sentencing.  The  license
holder  shall  be given a copy of said order permitting the continuation
of driving privileges for twenty days after sentencing,  if  granted  by
the  court. The court shall forward to the commissioner the certificates
required in sections five hundred thirteen and five hundred fourteen  of
this  chapter,  along  with  a copy of any order issued pursuant to this
paragraph and the license, within ninety-six hours of sentencing.]
  S 14. Paragraphs (b) and (d) of subdivision 1 of section 160.10 of the
criminal procedure law, paragraph (b) as amended by chapter 762  of  the
laws  of  1971,  paragraph  (d) as amended by chapter 232 of the laws of
2010, are amended and a new paragraph (e) is added to read as follows:
  (b) A misdemeanor defined in the penal law OR THE VEHICLE AND  TRAFFIC
LAW; or
  (d) Loitering for the purpose of engaging in a prostitution offense as
defined in subdivision two of section 240.37 of the penal law[.]; OR
  (E) AN OFFENSE WHICH WOULD CONSTITUTE A MISDEMEANOR IF SUCH PERSON HAD
A PREVIOUS JUDGMENT OR CONVICTION FOR THE SAME OFFENSE.

S. 2608--C                         56

  S  15.  Paragraphs (e) and (f) of subdivision 7 of section 1196 of the
vehicle and traffic law, paragraph (e) as added by  chapter  47  of  the
laws  of  1988  and paragraph (f) as added by chapter 420 of the laws of
1989, are amended and a new paragraph (i) is added to read as follows:
  (e)  The  conditional license or privileges described in this subdivi-
sion may be revoked by the commissioner, for sufficient cause including,
but not limited to, failure to  register  in  the  program,  failure  to
attend  or satisfactorily participate in the sessions, conviction of any
traffic infraction other than one involving parking, stopping or  stand-
ing or conviction of any alcohol or drug-related traffic offense, misde-
meanor  or  felony.   THE CONDITIONAL LICENSE OR PRIVILEGES DESCRIBED IN
THIS SUBDIVISION SHALL BE REVOKED BY THE  COMMISSIONER  WHEN  THERE  HAS
BEEN  A  FINDING  BY  A  COURT,  FILED  WITH  THE  DEPARTMENT  IN A FORM
PRESCRIBED BY THE COMMISSIONER, THAT THE ACCUSATORY INSTRUMENT  CONFORMS
TO  THE REQUIREMENTS OF SECTION 100.40 OF THE CRIMINAL PROCEDURE LAW AND
THERE EXISTS REASONABLE CAUSE TO BELIEVE THAT THE OPERATOR HAS COMMITTED
A VIOLATION OF SECTION FIVE HUNDRED ELEVEN  OF  THIS  CHAPTER  DURING  A
LICENSE  SUSPENSION  OR  REVOCATION PERIOD, HAS COMMITTED A VIOLATION OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, HAS OPERATED A  MOTOR
VEHICLE  WITHOUT  AN  IGNITION  INTERLOCK  DEVICE  WHEN ONE WAS REQUIRED
PURSUANT TO SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, OR  HAS
VIOLATED  ANY  CONDITION OF PROBATION OR CONDITIONAL DISCHARGE SET FORTH
BY THE COURT RELATING TO  THE  OPERATION  OF  A  MOTOR  VEHICLE  OR  THE
CONSUMPTION  OF  ALCOHOL. THE COURT'S FINDING MUST CONFORM TO THE PROCE-
DURES SET FORTH IN PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION  ELEVEN
HUNDRED NINETY-EIGHT OF THIS ARTICLE DENYING A REQUEST FOR A CONDITIONAL
LICENSE.  A  REVOCATION  OF  THE  CONDITIONAL  LICENSE  PURSUANT TO THIS
SECTION SHALL REINSTATE THE  UNDERLYING  ALCOHOL-RELATED  SUSPENSION  OR
REVOCATION  FROM WHICH THE CONDITIONAL LICENSE WAS DERIVED. In addition,
the commissioner shall have the right, after a hearing,  to  revoke  the
conditional license or privilege upon receiving notification or evidence
that  the  offender  is not attempting in good faith to accept rehabili-
tation. In the event of such revocation, the fee described  in  subdivi-
sion six of this section shall not be refunded.
  (f)  It  shall be a traffic infraction for the holder of a conditional
license or privilege to operate a motor vehicle upon  a  public  highway
for  any  use  other  than those authorized pursuant to paragraph (a) of
this subdivision, UNLESS  THE  OPERATION  RESULTS  IN  A  CHARGE  FOR  A
VIOLATION  OF  SECTION  FIVE  HUNDRED  ELEVEN  OF  THIS CHAPTER DURING A
LICENSE SUSPENSION OR REVOCATION PERIOD,  FOR  A  VIOLATION  OF  SECTION
ELEVEN  HUNDRED  NINETY-TWO OF THIS ARTICLE, OR FOR OPERATION OF A MOTOR
VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE WHEN ONE IS REQUIRED PURSU-
ANT TO SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE AND A  COURT,
PURSUANT  TO  PARAGRAPH  (E)  OF  THIS SUBDIVISION HAS ISSUED A FINDING,
FILED WITH THE DEPARTMENT IN A FORM PRESCRIBED BY THE COMMISSIONER, THAT
THE ACCUSATORY INSTRUMENT CONFORMS TO THE REQUIREMENTS OF SECTION 100.40
OF THE CRIMINAL PROCEDURE LAW  AND  THERE  EXISTS  REASONABLE  CAUSE  TO
BELIEVE  THAT  THE  OPERATOR  HAS  COMMITTED THE VIOLATION OR VIOLATIONS
CHARGED.  WHEN SUCH CHARGES ARE FILED AND SUCH A FINDING BY THE COURT IS
MADE, THE CONDITIONAL LICENSE SHALL BE  IMMEDIATELY  REVOKED.    When  a
[person]  HOLDER  OF  A CONDITIONAL LICENSE OR PRIVILEGE is convicted of
[this] THE offense OF OPERATING A MOTOR VEHICLE UPON  A  PUBLIC  HIGHWAY
FOR  ANY  USE  OTHER  THAN THOSE AUTHORIZED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, the sentence of the court must be a fine of  not  less
than two hundred dollars nor more than five hundred dollars or a term of
imprisonment  of not more than fifteen days or both such fine and impri-

S. 2608--C                         57

sonment.  Additionally, the conditional license or privileges  described
in  this subdivision shall be revoked by the commissioner upon receiving
notification from the court that the holder thereof has  been  convicted
of this offense.
  (I)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE COMMISSIONER MAY
GRANT A POST-REVOCATION CONDITIONAL LICENSE TO A PERSON WHO IS OTHERWISE
INELIGIBLE TO RECEIVE A CONDITIONAL LICENSE WHEN THAT  PERSON  HAS  BEEN
CONVICTED  OF  A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE OR PARAGRAPH
(B) OF SUBDIVISION FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO  OF  THIS
ARTICLE  AND  WHO  HAS BEEN SENTENCED TO A PERIOD OF PROBATION, PROVIDED
THAT PROBATION CONSENTS TO THE ISSUANCE OF A POST-REVOCATION CONDITIONAL
LICENSE AND THE PERSON HAS SATISFIED THE MINIMUM PERIOD OF LICENSE REVO-
CATION ESTABLISHED BY LAW AND THE COMMISSIONER HAS  BEEN  NOTIFIED  THAT
SUCH PERSON MAY OPERATE ONLY A MOTOR VEHICLE EQUIPPED WITH A FUNCTIONING
IGNITION  INTERLOCK DEVICE. NO SUCH REQUEST SHALL BE MADE NOR SHALL SUCH
A LICENSE BE GRANTED, HOWEVER, IF SUCH PERSON HAS BEEN DEEMED BY A COURT
TO HAVE VIOLATED ANY CONDITION OF PROBATION OR CONDITIONAL DISCHARGE SET
FORTH BY THE COURT RELATING TO THE OPERATION OF A MOTOR VEHICLE  OR  THE
CONSUMPTION  OF  ALCOHOL  OR  IF  SUCH  PERSON  HAS  BEEN CHARGED WITH A
VIOLATION OF SECTION FIVE  HUNDRED  ELEVEN  OF  THIS  CHAPTER  DURING  A
LICENSE  SUSPENSION  OR  REVOCATION  PERIOD,  FOR A VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, HAS OPERATED A MOTOR  VEHICLE
WITHOUT  AN  IGNITION INTERLOCK DEVICE WHEN ONE WAS REQUIRED PURSUANT TO
SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE AND A COURT,  PURSU-
ANT  TO  PARAGRAPH  (E)  OF THIS SUBDIVISION HAS ISSUED A FINDING, FILED
WITH THE DEPARTMENT IN A FORM PRESCRIBED BY THE COMMISSIONER,  THAT  THE
ACCUSATORY  INSTRUMENT CONFORMS TO THE REQUIREMENTS OF SECTION 100.40 OF
THE CRIMINAL PROCEDURE LAW AND THERE EXISTS REASONABLE CAUSE TO  BELIEVE
THAT THE OPERATOR HAS COMMITTED THE VIOLATION OR VIOLATIONS CHARGED.
  S 16. Subdivision 7 and paragraph (e) of subdivision 9 of section 1198
of  the vehicle and traffic law, subdivision 7 as amended by chapter 669
of the laws of 2007 and paragraph (e) of subdivision  9  as  amended  by
chapter 496 of the laws of 2009, are amended to read as follows:
  7.  [Use of other vehicles. (a) Any requirement of this article or the
penal law that a person operate a vehicle only if it is equipped with an
ignition interlock device shall apply to every motor vehicle operated by
that person including, but not limited to,  vehicles  that  are  leased,
rented or loaned.
  (b)  No person shall knowingly rent, lease, or lend a motor vehicle to
a person known to have had his or her driving  privilege  restricted  to
vehicles  equipped  with an ignition interlock device unless the vehicle
is so equipped. Any person whose  driving  privilege  is  so  restricted
shall  notify any other person who rents, leases, or loans a motor vehi-
cle to him or her of such driving restriction.
  (c) A violation of paragraph (a) or (b) of this subdivision shall be a
misdemeanor.]
  VIOLATIONS. (A) ANY FAILED TASK INCLUDING FAILING TO INSTALL A DEVICE,
FAILURE TO APPEAR FOR A SERVICE VISIT OR FAILURE TO COMPLY WITH  SERVICE
INSTRUCTIONS,  CIRCUMVENTIONS  OR  TAMPERINGS,  IN  ACCORDANCE  WITH THE
OFFICE OF PROBATION AND  CORRECTIONAL  ALTERNATIVES  (OPCA)  REGULATIONS
UNDER  9  NYCRR  358 SHALL CONSTITUTE A VIOLATION OF THE CONDITIONS OF A
PERSON'S SENTENCE AND MAY  ALSO  CONSTITUTE  A  SEPARATE  OFFENSE.  SUCH
VIOLATIONS   WILL   BE  ADJUDICATED  BY  THE  SENTENCING  COURT  IN  ITS
DISCRETION.
  (B) A FAILED TEST  INCLUDING  A  FAILED  START-UP  RE-TEST,  A  MISSED
START-UP  RE-TEST,  A  FAILED ROLLING RE-TEST, A MISSED ROLLING RE-TEST,

S. 2608--C                         58

THE DEVICE ENTERING LOCKOUT MODE, AND ANY  TEST  OR  RE-TEST  WHERE  THE
OPERATOR REGISTERS .05 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN
SUCH  PERSON'S BLOOD SHALL CONSTITUTE A VIOLATION OF THE CONDITIONS OF A
PERSON'S  SENTENCE IN ACCORDANCE WITH THE OPCA REGULATIONS UNDER 9 NYCRR
358 AND ALSO MAY CONSTITUTE A SEPARATE OFFENSE. SUCH VIOLATIONS WILL  BE
ADJUDICATED BY THE SENTENCING COURT IN ITS DISCRETION.
  (C)  A FAILED TRANSDERMAL ALCOHOL MONITORING REPORT SHALL CONSTITUTE A
VIOLATION OF THE OFFENDER'S SENTENCE WHERE THE  COURT  HAS  ORDERED  THE
OFFENDER  TO  ABSTAIN  FROM  THE  CONSUMPTION OF ALCOHOL OR RESTRICT THE
CONSUMPTION OF ALCOHOL TO LEVELS BELOW A  CERTAIN  BLOOD  ALCOHOL  LEVEL
DESIGNATED  BY THE COURT. ABSTINENCE REQUIRED BY A TREATMENT PROVIDER AS
A RESULT OF COURT-ORDERED TREATMENT SHALL BE CONSTRUED FOR THE  PURPOSES
OF  THIS  SECTION  AS COURT-ORDERED ABSTINENCE. AT THE CONCLUSION OF THE
COURT-ORDERED TRANSDERMAL ALCOHOL  MONITORING  PERIOD,  THE  TRANSDERMAL
ALCOHOL  REPORT  OR  A SUMMARY OF ITS CONTENTS SHALL BE FORWARDED TO THE
DEPARTMENT BY THE MONITOR IN A FORM PRESCRIBED BY THE COMMISSIONER.
  (e) NO PERSON SHALL KNOWINGLY RENT, LEASE, OR LEND A MOTOR VEHICLE  TO
A  PERSON  KNOWN  TO HAVE HAD HIS OR HER DRIVING PRIVILEGE RESTRICTED TO
VEHICLES EQUIPPED WITH AN IGNITION INTERLOCK DEVICE UNLESS  THE  VEHICLE
IS  SO  EQUIPPED.  ANY  PERSON  WHOSE DRIVING PRIVILEGE IS SO RESTRICTED
SHALL NOTIFY ANY OTHER PERSON WHO RENTS, LEASES, OR LOANS A MOTOR  VEHI-
CLE TO HIM OR HER OF SUCH DRIVING RESTRICTION.
  (F)  In  addition to any other provisions of law, any person convicted
of a violation of paragraph (a), (b), (c), [or]  (d),  OR  (E)  of  this
subdivision shall be guilty of a Class A misdemeanor.
  S  17.  Subparagraph  (i) of paragraph (a) of subdivision 3 of section
511 of the vehicle and traffic law, as amended by  chapter  732  of  the
laws of 2006, is amended to read as follows:
  (i)  commits the offense of aggravated unlicensed operation of a motor
vehicle in the second degree as provided in subparagraph (ii), (iii)  or
(iv) of paragraph (a) of subdivision two of this section OR HAS A CONDI-
TIONAL LICENSE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SEVEN OF SECTION
ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER and is operating a motor vehi-
cle  while  under  the  influence  of  alcohol or a drug in violation of
subdivision one, two, two-a, three, four,  four-a  or  five  of  section
eleven hundred ninety-two of this chapter; or
  S  18.  This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the  amendments  to  subdivi-
sions  1,  2, 3 and 4 and paragraph (a) of subdivision 5 of section 1198
of the vehicle and traffic law made by section three of  this  act,  the
amendments  to  subdivision 8 of section 1198 of the vehicle and traffic
law made by section four of this act and the amendments to subdivision 7
and paragraph (e) of subdivision 9 of section 1198 of  the  vehicle  and
traffic  law  made  by  section sixteen of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.

                                 PART Z

  Section 1. Subdivision 2 of section 179-v of the state finance law, as
added by chapter 166 of the laws of 1991, is amended to read as follows:
  2. Such organizations shall  receive  such  interest  payments  WITHIN
THIRTY  DAYS  OF  THE  DATE  THE  PAYMENT OR PAYMENTS REQUIRED UNDER THE
CONTRACT ARE MADE TO ANY SUCH ORGANIZATION; PROVIDED, HOWEVER, IF MONIES
FROM ANY APPROPRIATION OR APPROPRIATIONS  AS  DESCRIBED  IN  SUBDIVISION
THREE  OF  THIS SECTION ARE NOT AVAILABLE FOR THE PAYMENT OF SUCH INTER-
EST, SUCH PAYMENT SHALL BE MADE IMMEDIATELY  AFTER  SUCH  MONIES  BECOME

S. 2608--C                         59

AVAILABLE.  SUCH  INTEREST PAYMENTS SHALL BE MADE at a rate equal to the
rate set by the commissioner of taxation and finance for corporate taxes
pursuant to paragraph one of subsection  (e)  of  section  one  thousand
ninety-six  of  the  tax  law.  In  order  for a state agency to approve
reimbursement of a not-for-profit organization at a rate other than  the
interest  rate  stated  in  this section the not-for-profit organization
shall submit documentation indicating the rate at which such funds  were
borrowed,  the  lender of such funds and any other information requested
by the state agency, attorney general  or  the  comptroller.  The  comp-
troller  may disallow such portions of the interest that the comptroller
deems unreasonable.
  S 2. This act shall take effect immediately.

                                 PART AA

  Section 1. Subparagraph 1 of paragraph (b) and paragraph (c) of subdi-
vision 20 of section 375 of the vehicle and traffic law, subparagraph  1
of paragraph (b) as amended by chapter 242 of the laws of 1992 and para-
graph  (c) as amended by chapter 96 of the laws of 1973, are amended and
a new subparagraph (1-a) is added to paragraph (b) to read as follows:
  (1) In addition to such signal lamps, two signs shall be conspicuously
displayed on the exterior of every such  omnibus  designating  it  as  a
school  omnibus  by  the  use  of  the words "SCHOOL BUS" which shall be
painted or otherwise inscribed thereon in black letters.   Such  letters
shall  be  of  uniform  size,  at least eight inches in height, and each
stroke of each letter shall be not less than one inch  in  width.    The
background  of  each  such sign shall be painted OR OTHERWISE APPLIED IN
the color known as "national school bus chrome." For each  such  omnibus
having  a  seating  capacity  in  excess of fifteen children, such signs
shall be securely mounted on top of such vehicle, one of which shall  be
affixed  on the front and one on the rear thereof. For each such omnibus
having a seating capacity of not more than fifteen children, such  signs
shall  be  securely  mounted  on top of such vehicle, one of which shall
face the front and one of which shall face the rear thereof.  Each  such
sign  shall  be  visible  and readable from a point at least two hundred
feet distant.
  (1-A) ANY SIGN REQUIRED PURSUANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH
MAY BE CONSTRUCTED WITH REFLECTORIZED TYPE III MATERIAL CONSISTENT  WITH
49 CFR 571.131 S6.1 TABLE 1.
  (c)  In  the event such vehicle is operated on a public highway during
the period between one-half hour after sunset and one-half  hour  before
sunrise,  the  signs required by paragraph (b) of this subdivision shall
be illuminated as to be visible from a point at least five hundred  feet
distant, PROVIDED HOWEVER THAT IF A MATERIAL IS USED PURSUANT TO SUBPAR-
AGRAPH  ONE-A OF PARAGRAPH (B) OF THIS SUBDIVISION, NO SUCH ILLUMINATION
SHALL BE REQUIRED.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the  commissioner  of
motor vehicles is authorized to promulgate any necessary rules and regu-
lations for the implementation of this act.

                                 PART BB

  Section  1.  Section 290 of the agriculture and markets law is amended
to read as follows:

S. 2608--C                         60

  S 290. Association of farmers; powers of. Any association of  farmers,
residing  in  any  neighborhood,  town  or county in this state, now, or
hereafter to be organized, and acting under a constitution  and  by-laws
adopted  by  themselves  for their guidance, which shall be filed in the
clerk's  office  of  such  town or county and which are not inconsistent
with the laws of this state, is hereby authorized to lease and  maintain
grounds  and  structures  for the exhibition and sale of the products of
their farms or their skill, and for the instruction  and  recreation  of
its  members  and visitors. Any such association shall have authority to
let, for rent, locations on their leased grounds to EXHIBITIONS,  ENTER-
TAINMENTS,  shopmen and persons wishing to furnish suitable refreshments
for victualing members and visitors OR FOR STORAGE OF PERSONAL  PROPERTY
WHEN  PROPERTY  IS  AVAILABLE  FOR SUCH ACTIVITY; to license peddlers to
sell on their grounds articles of merchandise, not forbidden to be  sold
by any law of this state without license from the state; and in the name
of  such  association and upon the action and direction of its officers,
to sue for and collect the stipulated sums of such rentals and licenses,
and to enforce the observance  of  its  rules  and  regulations  by  the
several  members  of  its  association.  And  such association is hereby
empowered to issue certificates  of  indebtedness  in  amounts  of  five
dollars  each,  providing that the whole amount shall not exceed the sum
of one thousand dollars, which they may sell at a price  not  below  the
par  value thereof, for the purpose of raising money for the erection of
buildings, or for such other improvements as may be deemed necessary  by
a majority of the members of such association.
  S  2.  Paragraph (k) of section 1409 of the not-for-profit corporation
law is amended to read as follows:
  (k) Exhibitions and entertainments on fair grounds to be  exempt  from
license.
  The  provisions  of  any  special or local law or municipal ordinance,
requiring  the  payment  of   a   license   fee   for   exhibitions   or
entertainments, OR REQUIRING THAT AN APPROVAL BE OBTAINED FROM ANY LOCAL
GOVERNMENT EXCEPT AN APPROVAL REQUIRED TO PROTECT THE SAFETY, HEALTH AND
WELL-BEING  OF  PERSONS,  shall  not  apply  to any exhibition or enter-
tainment held on the grounds of a town or county corporation whether  or
not  the  corporation derives a pecuniary profit from such exhibition or
entertainment by the lease of its  grounds  for  such  purpose  AND  THE
PROVISIONS  OF ANY SPECIAL OR LOCAL LAW OR MUNICIPAL ORDINANCE SHALL NOT
BE CONSTRUED OR APPLIED TO UNREASONABLY PROHIBIT OR RESTRICT  ANY  AGRI-
CULTURAL  OR  HORTICULTURAL CORPORATION RECEIVING REIMBURSEMENT PURSUANT
TO ARTICLE TWENTY-FOUR OF THE  AGRICULTURE  AND  MARKETS  LAW  FROM  THE
CONSTRUCTION,  IMPROVEMENT,  RENOVATION, RELOCATION OR DEMOLITION OF ALL
OR ANY OF SUCH AGRICULTURAL OR HORTICULTURAL CORPORATION GROUNDS, BUILD-
INGS AND FACILITIES.
  S 3. This act shall take effect immediately.

                                 PART CC

  Section 1. Paragraph g of subdivision 4 of section 304-a of the  agri-
culture  and markets law, as added by chapter 68 of the laws of 2007, is
amended to read as follows:
  g. Notwithstanding any other provision of this section to the  contra-
ry,  in  no  event  shall the change in the base agricultural assessment
value for any given year exceed [ten] TWO percent of the  base  agricul-
tural assessment value of the preceding year.
  S 2. This act shall take effect immediately.

S. 2608--C                         61

                                 PART DD

  Section  1.  Subdivision  21 of section 2 of the canal law is REPEALED
and a new subdivision 21 is added to read as follows:
  21. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TRANSPORTATION.
  S 2. Subdivision 23 of section 2 of the canal law, as added by chapter
167 of the laws of 2002, is amended and a new subdivision 24 is added to
read as follows:
  23. "Canalway trail"  shall  mean  any  multi-use  recreational  trail
located on lands under the jurisdiction of the [corporation] COMMISSION-
ER.  The exact boundaries and location of such trail and any portions or
sections thereof shall be determined by the  [corporation]  COMMISSIONER
except  that  the  boundaries and location of such trail shall be deter-
mined in such a manner that no  portion  thereof  shall  be  within  the
Adirondack Park.
  24. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF TRANSPORTATION.
  S  3. The article heading of article 1-a of the canal law, as added by
chapter 766 of the laws of 1992, is amended to read as follows:
           TRANSFER TO [NEW YORK STATE THRUWAY AUTHORITY] THE
                      DEPARTMENT OF TRANSPORTATION
  S 4. Section 5 of the canal law, as amended by chapter 335 of the laws
of 2001, is amended to read as follows:
  S 5. Transfer of powers and duties relating to canals and canal  lands
to  the [New York state thruway authority] DEPARTMENT OF TRANSPORTATION.
The powers and duties of the [commissioner of transportation]  AUTHORITY
AND CORPORATION relating to the New York state canal system as set forth
in  articles one through and including fourteen[, except article seven,]
of this chapter[, and except properties in use on the effective date  of
this article in support of highway maintenance, equipment management and
traffic  signal  operations  of  the  department of transportation,] are
hereby transferred to and merged with the [authority] DEPARTMENT, to  be
exercised by the [authority] COMMISSIONER on behalf of the people of the
state  of New York. [In addition, the commissioner of transportation and
the chairman of the authority may, in their discretion,  enter  into  an
agreement  or  agreements  transferring  the  powers  and  duties of the
commissioner of transportation relating to any or all of the bridges and
highways as set forth in article seven of this chapter, to be  exercised
by  the  authority on behalf of the people of the state of New York, and
shall  enter  into  an  agreement  or  agreements  for  the   financing,
construction,  reconstruction or improvement of lift and movable bridges
on the canal system. Such powers shall be in addition  to  other  powers
enumerated  in  title nine of article two of the public authorities law.
All of the provisions of title nine of article two of such law which are
not inconsistent with this chapter shall apply to the actions and duties
of the authority pursuant to this chapter. The authority shall be deemed
to be the state in exercising the powers and duties transferred pursuant
to this section but for no other purposes.]
  S 5. Section 6 of the canal law, as added by chapter 766 of  the  laws
of  1992, subdivisions 1, 3, and 4 and paragraph (b) of subdivision 6 as
amended by chapter 335 of the laws  of  2001,  is  amended  to  read  as
follows:
  S 6. Transfer of canal lands and other assets.  1. The jurisdiction of
the  [commissioner of transportation] AUTHORITY AND CORPORATION over the
New York state canal system and over all  state  assets,  equipment  and
property, both tangible and intangible, owned or used in connection with
the planning, development, construction, reconstruction, maintenance and

S. 2608--C                         62

operation  of  the New York state canal system, as set forth in articles
one through and including fourteen[,  except  article  seven,]  of  this
chapter[,  and  except  properties  in use on the effective date of this
article  in  support  of  highway  maintenance, equipment management and
traffic signal operations of the department of transportation] are here-
by transferred without consideration to the [authority]  DEPARTMENT,  to
be  held  by the [authority] DEPARTMENT in the name of the people of the
state of New York. [In addition the commissioner of  transportation  and
the  chairman  of  the authority may, in their discretion, enter into an
agreement or agreements transferring jurisdiction over any or all of the
bridges and highways set forth in article seven of this chapter, and any
or all state assets, equipment and property, both tangible and  intangi-
ble,  owned  or  used  in  connection  with  the  planning, development,
construction, reconstruction, maintenance and operation of such  bridges
and  highways,  which  shall be transferred without consideration to the
authority, to be held by the authority through the  corporation  in  the
name  of the people of the state of New York. Any other rights and obli-
gations resulting from or arising  out  of  the  planning,  development,
construction,  reconstruction,  operation or maintenance of the New York
state canal system shall be deemed assigned to and shall be exercised by
the authority through the corporation, except  that  the  authority  may
designate  the  commissioner  of  transportation to be its agent for the
operation and maintenance of the New York state canal  system,  provided
that  such designation shall have no force or effect after March thirty-
first, nineteen hundred ninety-three. Such canal system shall remain the
property of the state and under its management and control as  exercised
by  and  through  the  authority, through the corporation which shall be
deemed to be the state for the purposes of such management  and  control
of the canals but for no other purposes.]
  2.  The [department of transportation] AUTHORITY AND CORPORATION shall
deliver to the [authority] DEPARTMENT all books,  policies,  procedures,
papers,  plans,  maps,  records, equipment and property of such [depart-
ment] AUTHORITY OR CORPORATION pertaining to the  functions  transferred
pursuant to this article.
  3.  All rules, regulations, acts, determinations, orders and decisions
of the [commissioner of transportation and of the department  of  trans-
portation]  AUTHORITY AND CORPORATION pertaining to the functions trans-
ferred pursuant to this article in force at the time  of  such  transfer
shall continue in force and effect as rules, regulations, acts, determi-
nations, orders and decisions of the [authority and corporation] COMMIS-
SIONER  until  duly  modified or abrogated by [such authority and corpo-
ration] THE COMMISSIONER.
  4. Any business or  other  matters  undertaken  or  commenced  by  the
[commissioner  of  transportation] AUTHORITY, CORPORATION, COMMISSIONER,
or the department [of  transportation],  including  executed  contracts,
permits  and other agreements, pertaining to or connected with the func-
tions, powers, obligations and duties transferred pursuant to this arti-
cle, and in effect on the effective date hereof, shall be conducted  and
completed by the [authority through the corporation] COMMISSIONER OR THE
DEPARTMENT  in  the  same manner and under the same terms and conditions
and with the same effect as if conducted and completed by  the  [commis-
sioner  of  transportation]  AUTHORITY or the [department of transporta-
tion] CORPORATION.
  5. No existing rights or remedies of the state, including the authori-
ty, shall be lost, impaired or affected by reason of this article.

S. 2608--C                         63

  6. [(a)] No action or proceeding pending on the effective date of this
article, brought by or  against  the  [commissioner  of  transportation]
AUTHORITY  or  the  [department  of transportation] CORPORATION shall be
affected by this article. Any liability arising out of any act or  omis-
sion occurring prior to the effective date of the transfer of powers and
duties  authorized  herein  of  the officers, employees or agents of the
[department of transportation] AUTHORITY OR CORPORATION,  or  any  other
agency  of  the  state,  other  than the [authority] COMMISSIONER OR THE
DEPARTMENT, in the performance of their obligations or duties under  the
canal law, any other law of the state or any federal law, or pursuant to
a  contract  entered  into  prior to the effective date of such transfer
shall remain a liability of the [department of transportation] AUTHORITY
AND CORPORATION or such other  agency  of  the  state  and  not  of  the
[authority] COMMISSIONER OR DEPARTMENT.
  [(b)  Notwithstanding any provision to the contrary contained in para-
graph (a) of this subdivision, the state shall indemnify and hold  harm-
less  the  authority and corporation for any and all claims, damages, or
liabilities, whether or not caused by negligence,  including  civil  and
criminal  fines,  arising out of or relating to any generation, process-
ing, handling, transportation, storage, treatment, or disposal of  solid
or  hazardous  wastes  in the canal system by any person or entity other
than the authority occurring prior to the effective date of the transfer
of powers and  duties  authorized  herein.  Such  indemnification  shall
extend  to,  without  limitation,  any releases into land, water or air,
including but not limited to  releases  as  defined  under  the  federal
comprehensive  environmental  response compensation and liability act of
nineteen hundred eighty, occurring or existing prior  to  the  effective
date of this section; provided that the authority shall cooperate in the
investigation and remediation of hazardous waste and other environmental
problems.]
  S  6. The article heading of article 2 of the canal law, as amended by
chapter 335 of the laws of 2001, is amended to read as follows:
               POWERS OF THE [CANAL CORPORATION] DEPARTMENT
  S 7. The section heading, the opening paragraph and subdivisions 8, 10
and 13 of section 10 of the canal law, as amended by chapter 335 of  the
laws of 2001, are amended to read as follows:
  General  powers  and duties of the [corporation] COMMISSIONER relating
to canals. The [corporation] COMMISSIONER shall:
  8. Keep and maintain in good condition the canals, canal terminals and
[corporation] equipment used in the maintenance and repair of the  canal
system.
  10.  Enforce  compliance  with laws, rules and regulations relating to
posting of limited loads and clearances on all bridges  over  the  canal
system  under  the  jurisdiction  of  the  department [of transportation
pursuant to section six and article seven of this chapter].
  13. Cause a record to be made and filed ANNUALLY on January first[, in
the corporation] of all expenditures during  the  previous  fiscal  year
from moneys appropriated for the canal system.
  S  8.  The  opening  paragraph  of  subdivision 1 and subdivision 2 of
section 11 of the canal law, as added by chapter  167  of  the  laws  of
2002, are amended to read as follows:
  The  [corporation]  DEPARTMENT  may  develop and implement an adopt-a-
trail program, the purposes of which may be to reduce and remove  litter
and debris and to enhance the appearance and maintenance of the canalway
trail  and related facilities, as needed.  Such program may include, but
not be limited to:

S. 2608--C                         64

  2. Notwithstanding any inconsistent  provision  of  law,  the  [corpo-
ration,  authority,  and  commission, including any members, officers or
employees thereof,] DEPARTMENT shall not be liable for damages  suffered
by any persons and/or organizations resulting from any actions or activ-
ities of such volunteers and/or volunteer organizations.
  S  9.  Section  21  of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 21. Preparation contract, plans  and  estimates.  The  [corporation]
DEPARTMENT  shall  make surveys and prepare plans and specifications for
work in connection with the improvement, maintenance or  repair  of  the
canal system to be performed under contract. It shall ascertain with all
practical  accuracy the quantity and quality of all materials to be used
and all other items of work to be included in  the  contract  and  shall
make  a  detailed  estimate  of  the  cost  of  the same. The quantities
contained in such estimate shall be used in determining the cost of  the
work according to the different proposals received.
  S  10.  Section  22 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 22. Supervision of contracts.  The  [corporation]  DEPARTMENT  shall
provide  for  field  supervision over improvement, maintenance or repair
work on the canal system that is done under contract. The  [corporation]
DEPARTMENT shall assign such engineers, inspectors and other engineering
employees as may be necessary for control over the execution of the work
embraced  in the contract. [Such corporation] THE DEPARTMENT shall cause
the preparation and approval of the estimates of the work  accomplished,
materials  delivered,  or  other  items embodied in the contract and the
certificate of the amount of payment which may be due under the terms of
the contract or legal modifications of the same. Upon the completion  of
any  contract  the  [corporation] DEPARTMENT shall cause the preparation
and approval of a certificate of acceptance, stating that the  work  has
been  well  and  faithfully  performed  in accordance with the terms and
conditions of the contract and all legal modifications thereof.
  S 11. Section 23 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  23.  Record  of  measurements.  The  [corporation] DEPARTMENT shall
require every engineer employed on canal engineering to enter in  perma-
nent  field  books  a complete record of all surveys, field measurements
and construction notes. These books shall be filed in the  [corporation]
DEPARTMENT  and  shall  be  available  for  public inspection under such
conditions as the [corporation] DEPARTMENT may establish.
  S 12. Section 24 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  24.  Making  and recording maps. There shall be kept on file in the
office of the [corporation] DEPARTMENT complete maps of every canal  now
or hereafter to be built on which the boundaries of every parcel of land
to  which  the state shall have a separate title shall be designated and
the names of the former owner and date of each title entered.  All  such
maps [heretofore] approved by the commissioner [of transportation or the
corporation], or certified by such commissioner[, corporation] or by the
state  engineer  or hereafter approved by the [corporation] COMMISSIONER
to be correct, shall be presumptive evidence of the truth of  the  facts
therein  stated  and  of the ownership by the state of the lands therein
described. Every such map when completed shall be approved and certified
to as correct by the [corporation] COMMISSIONER.  The original  of  said
map  shall  be filed in the office of the [corporation] COMMISSIONER and
copies thereof duly signed and certified as aforesaid shall be filed  in

S. 2608--C                         65

the office of the department of state. Any such maps filed in the office
of  the  clerk  of  a  county  in which such lands are located or in the
office in such county where  conveyances  are  required  by  law  to  be
recorded  shall  constitute evidence to all persons of the state's title
to and ownership in said lands. A transcript of such maps  certified  as
correct  by the officer with whom such map or maps shall be filed, shall
be received as presumptive evidence of the state's title  to  the  canal
lands  as  of  the date designated on such maps in all judicial or legal
proceedings.
  S 13. Section 25 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  25.  Making and recording of "Blue Line" maps. The commissioner [of
transportation] shall cause the preparation of maps of the Erie, Oswego,
Champlain and the Cayuga and Seneca canals as they existed prior to  and
independent  of  lands  appropriated for barge canal purposes and of all
lands belonging to the state adjacent thereto  or  connected  therewith,
and  there  shall be designated on such maps the boundaries of the lands
to which the state holds title, and so far as possible the names of  the
owners  of  the  adjoining  lands.  Every  map  when  completed shall be
approved and certified to as correct by the commissioner [of transporta-
tion] and be certified to as correct by the chief engineer. The original
of said map shall be filed in the office of  the  [corporation]  COMMIS-
SIONER and copies thereof, duly signed and certified as aforesaid, shall
be  filed in the office of the department of state. Each of said maps so
filed shall be regarded as an original copy. A blue or white print  copy
of  such map or portion of such map or maps as related or applies to any
particular county of the state shall be transmitted to and filed in  the
office  of  the  clerk  of  such county, or in the office in such county
wherein conveyances are required by law to be recorded and  such  filing
shall  constitute  a  notice  to all persons of the state's title to and
ownership of said lands. A transcript of such maps certified as  correct
by  the  officer  with  whom  such  map  or maps shall be filed shall be
received as presumptive evidence of the state's title to the canal lands
as of the date  designated  on  such  maps  in  all  judicial  or  legal
proceedings.
  S  14.  Section  30 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 30. Contracts for improvement, maintenance or repair  of  the  canal
system. Upon the completion and final approval of the plans and specifi-
cations  for the improvement, maintenance or repair to the canal system,
contracts therefor shall be executed IN ACCORDANCE WITH  THE  PROVISIONS
OF  ARTICLE  NINE  OF  THE STATE FINANCE LAW, PROVIDED, HOWEVER, THAT IF
ARTICLE NINE OF THE STATE FINANCE LAW SHALL NOT BE APPLICABLE, CONTRACTS
SHALL BE EXECUTED as provided herein.
  1. Advertising for proposals.  The  [corporation]  COMMISSIONER  shall
advertise  for  proposals  in  accordance  with plans and specifications
prepared by [it] THE DEPARTMENT for  such  improvement,  maintenance  or
repair  of  the  canal system as the [corporation] COMMISSIONER deems it
expedient to have performed by  contract.  The  advertisement  shall  be
limited  to a brief description of the work proposed to be done, with an
announcement stating where the maps, plans  and  specifications  may  be
seen,  the  terms  and  conditions  under  which  the  proposals will be
received, the time and place where the same will be opened,  the  amount
of  the  draft  or  certified  check to accompany the proposal, and such
other matters as the [corporation] COMMISSIONER may  deem  advisable  to
include  therein. Such advertisement shall be published at least once in

S. 2608--C                         66

each week for two successive weeks in a newspaper published at the coun-
ty seat of the county in which such canal work is to be performed and in
such other newspapers as the [corporation] COMMISSIONER  may  designate.
If  no  newspaper is published at such county seat, then the publication
of the advertisement shall be in such newspaper or newspapers within the
county as the [corporation] COMMISSIONER may select. If no newspaper  is
published  in  the county, the publication of the advertisement shall be
in such newspaper or  newspapers  in  an  adjoining  county  as  may  be
selected  by the [corporation] COMMISSIONER.  Failure of such newspaper,
published in such county or adjoining county, to publish such advertise-
ment as provided in this subdivision or as directed by the [corporation]
COMMISSIONER shall not invalidate the publication of  advertisement  for
proposals  provided such advertisement is published in another newspaper
or trade publication, which will be most likely to give adequate  notice
to  contractors of the work contemplated and of the invitation to submit
proposals therefor, at least once in each week for  any  two  successive
weeks preceding the date on which proposals described in such advertise-
ment are to be received and opened.
  2.  Proposals.  Each  proposal shall specify the correct gross sum for
which the work will be performed and shall also include the amount to be
charged for each item specified on  the  proposal  estimate  sheet.  The
[corporation]  COMMISSIONER  may  prescribe  and  furnish  forms for the
submission of such proposals and may prescribe the manner of  submitting
the  same  which  shall  not be inconsistent herewith. Accompanying each
proposal there shall be a certified check or bank  cashier's  check  for
the  amount of the bid deposit, to be fixed by the [corporation] COMMIS-
SIONER and specified in the advertisement for proposals. The  checks  of
the two low bidders shall be deposited by the [corporation] COMMISSIONER
in  a  special  account.  Provided,  however,  that  if prior to or upon
receipt of said checks by the [corporation] COMMISSIONER a bidder who is
one of the two low bidders shall have duly filed a bond  as  hereinafter
provided,  the [corporation] COMMISSIONER shall forthwith return to said
bidder his OR HER aforesaid check without depositing the same. If alter-
nate proposals are taken, the checks of  the  two  low  bidders  of  all
alternate  proposals  shall be deposited. All checks other than those of
the two low bidders shall be  returned  promptly  by  the  [corporation]
COMMISSIONER.   Notwithstanding the provisions of any general or special
law, the money represented by the checks of the two low bidders shall be
paid from the special account when the contractor has duly executed  and
delivered to the [corporation] COMMISSIONER the contract and the bond or
bonds  required  by  law  for  the  performance  of the work of a public
improvement for the state of New York, or  upon  the  rejection  of  all
bids. The low bidder, in the discretion of the [corporation] COMMISSION-
ER,  and  the  second  low bidder, as a matter of right, may at any time
after the opening of the respective proposals,  file  with  the  [corpo-
ration]  COMMISSIONER  a  bond,  the  principal amount of which shall at
least equal the amount of the  respective  bidder's  check,  theretofore
deposited  with  his  OR  HER  proposal,  in  the form prescribed by the
[corporation] COMMISSIONER, with sufficient sureties, to be approved  by
the  [corporation]  COMMISSIONER,  conditioned that the said bidder will
execute a contract and furnish such performance or other bonds as may be
required by law in accordance  with  the  terms  of  the  bidder's  said
proposal. If a bidder complies with [the aforesaid] SUCH provisions, the
[corporation]  COMMISSIONER shall forthwith return the money represented
by the check of such bidder.

S. 2608--C                         67

  In case the bidder to whom the contract shall be awarded shall fail to
execute such contract and bond, the moneys  represented  by  such  check
shall  be  regarded  as liquidated damages and shall be forfeited to the
state and shall be deposited by the [corporation] COMMISSIONER with  the
commissioner  of taxation and finance to the credit of the general fund.
The gross sums indicated on the proposals when opened shall be  publicly
read. The [corporation] COMMISSIONER shall keep the bids for the several
items  of  the  proposals confidential until an award of the contract is
made, after which the proposals shall be subject at all reasonable times
to public inspection.
  3. Award of contract. The contract for the improvement, maintenance or
repair of any part of the canal system shall be awarded  to  the  lowest
responsible  bidder,  as  will  best  promote  the  public  interest. No
contract shall be awarded to a bidder other than the lowest  responsible
bidder  without  the written approval of the comptroller. The lowest bid
shall be deemed to be that which specifically states  the  lowest  gross
sum for which the entire work will be performed, including all the items
specified  in  the estimate therefor. The lowest bid shall be determined
by the [corporation] COMMISSIONER on the basis  of  the  gross  sum  for
which  the entire work will be performed, arrived at by a correct compu-
tation of all the items specified in the estimate therefor at  the  unit
prices contained in the bid.
  4.  Rejection  of proposals. The [corporation] COMMISSIONER may reject
any or all proposals and may advertise for new proposals as provided  in
this  section, if, in [its] HIS OR HER opinion, the best interest of the
state [and the corporation] will thereby be promoted.
  5. Form of contract. The [corporation]  COMMISSIONER  shall  prescribe
the  form of contract and may include [therein] such matters the [corpo-
ration] COMMISSIONER may deem advantageous to the state [and the  corpo-
ration].
  6. Bond of contractor. Each contractor before entering into a contract
for  such  improvement,  maintenance or repair of the canal system shall
execute a bond in the form prescribed by the [corporation] COMMISSIONER,
with sufficient sureties, to be approved by  the  [corporation]  COMMIS-
SIONER,  on  condition  that it will perform the work in accordance with
the terms of the contract and the plans and specifications, and that  it
will  commence  and  complete the work within the time prescribed in the
contract. The bond shall also provide against  any  direct  or  indirect
damages   that   shall  be  suffered  or  claimed  on  account  of  such
construction or improvement during the time thereof, and until the  work
is finally accepted.
  7.  Payments on contracts, state taxes. The contract shall provide for
partial payments as the work progresses as hereinafter provided:
  (a) Ten per centum shall be retained from  each  progress  payment  or
estimate  until  the  contract work is fifty per centum completed, after
which no further moneys shall be retained from any progress payments  or
estimates  paid  thereafter,  and when the entire contract work has been
completed and accepted, the [corporation]  COMMISSIONER  shall,  pending
the payment of the final estimate, pay not to exceed fifty per centum of
the amount of the retained percentage.
  (b)  Whenever  in  the  judgment of the [corporation] COMMISSIONER the
withholding of the retained percentage on account of the closing of  the
working  season  would  be  an  injustice to the contractor, the [corpo-
ration] COMMISSIONER may, provided the district engineer certifies  that
the  essential  items  in the contract have been completed in accordance
with the terms of the contract  and  the  provisions  of  this  chapter,

S. 2608--C                         68

direct the district engineer to include in the final account such uncom-
pleted  items  and  pay therefor at the item prices in the contract upon
the contractor depositing with the [corporation] COMMISSIONER securities
equal  to  double the value of such uncompleted work. The deposit may be
used by the  [corporation]  COMMISSIONER  to  complete  the  uncompleted
portion  of  the  contract and shall be returned to the contractor if it
completes the uncompleted portion within a specified number  of  working
days after it has been notified to proceed with the work.
  (c)  No  certificates  approving  or  authorizing  a  partial or final
payment shall be made by the [corporation] COMMISSIONER until [it] HE OR
SHE is satisfied that all laborers employed on the work have  been  paid
for  their  services  for  the  last  payroll  period preceding the said
partial or final payment. The [corporation] COMMISSIONER may, if [it] HE
OR SHE deems necessary, require an affidavit to  such  effect  from  the
contractor  or  [it] HE OR SHE may depend on any other source which [it]
HE OR SHE deems proper for such information.
  (d) Contracts in force at the date of the enactment of  this  subdivi-
sion  may,  in  the  discretion  of  the  [corporation] COMMISSIONER, be
amended to provide for the withholding and the payments contemplated  by
the  provisions  of  paragraph (a) of this subdivision, if the surety or
sureties upon the performance and labor and material bonds  given  by  a
contractor upon any such contract shall consent in writing thereto.
  (e)  No  such  certificate  authorizing or approving the first partial
payment or any final payment to  a  foreign  contractor  shall  be  made
unless  such  contractor shall furnish satisfactory proof that all taxes
due the commissioner of taxation and finance by  such  contractor  under
the provisions of or pursuant to a law enacted pursuant to the authority
of article nine, nine-A, twelve-A, twenty-one, twenty-two, twenty-eight,
twenty-nine  or thirty of the tax law have been paid. The certificate of
the commissioner of taxation and finance to the  effect  that  all  such
taxes have been paid shall be, for purpose of this paragraph, conclusive
proof  of  the  payment  of such taxes. The term "foreign contractor" as
used in this subdivision means, in the case of an individual,  a  person
who  is  not a resident of this state, in the case of a partnership, one
having one or more partners not a resident of this  state,  and  in  the
case of a corporation, one not organized under the laws of this state.
  8.  Contingencies  and  extra work. Whenever the [corporation] COMMIS-
SIONER determines that from  any  unforeseen  cause  the  terms  of  any
contract  should  be altered to provide for contingencies or extra work,
[it] HE OR SHE may, if funds are available for payment of the cost ther-
eof, issue an order on contract therefor to the contractor,  a  copy  of
which shall be filed with the director of the budget and the state comp-
troller.  The  estimated  expenditure  pursuant to the order on contract
shall not increase the total amount of the primary  contract  until  the
estimated  expenditure  shall  have  been  approved by the [corporation]
COMMISSIONER and a duplicate of such approval shall have been filed with
the comptroller. No such extra work shall  be  commenced  or  undertaken
until  the [corporation] COMMISSIONER has issued an order on contract as
herein provided.
  When such order on contract provides for  similar  items  of  work  or
materials  which increase or decrease the itemized quantity provided for
in the primary contract, the price to be paid therefor shall not  exceed
the unit bid price in the primary contract for such items. Agreed prices
for  new  items of work or materials may be incorporated in the order on
contract as the [corporation] COMMISSIONER may deem them to be just  and
fair and beneficial to the state[, including the corporation].

S. 2608--C                         69

  Whenever  the  [corporation]  COMMISSIONER also determines that in the
cases herein provided it is impracticable for [it] HE OR SHE  to  ascer-
tain in advance the just and fair prices to be paid by the state for new
items  of  work or materials, the order on contract therefor may provide
for  performance  of  the  work  and the furnishing of the materials and
equipment, in which event the  contractor  shall  keep  and  shall  make
available at all times to the [corporation] COMMISSIONER such accounting
records,  data  and  procedure  as  may be required by the [corporation]
COMMISSIONER.
  S 15. Section 31 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 31. Patented materials or articles. In the improvement, maintenance,
or  repair  of  the canal system, no patented material or article or any
other material  or  article  shall  be  specified,  contracted  for,  or
purchased,  except  under  such circumstances that there can be fair and
reasonable opportunity for competition, the conditions to secure  which,
shall be prescribed by the [corporation] COMMISSIONER.
  S  16.  Section  32 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 32. Performance of contracts. The performance of every contract  for
the  improvement,  maintenance  or  repair  of the canal system shall be
under the supervision and control of the [corporation] COMMISSIONER, and
it shall be [its] HIS OR HER duty to see that  every  such  contract  is
performed in accordance with the provisions of the contract and with the
plans  and  specifications  forming a part thereof. If the [corporation]
COMMISSIONER shall determine that the work upon  any  contract  for  the
improvement,  maintenance  or  repair  of  the canal system is not being
performed according to the contract or for  the  best  interest  of  the
state[,  including  the  corporation],  the execution of the work by the
contractor may be temporarily suspended by the [corporation] COMMISSION-
ER, who may then proceed with the work under [its] HIS OR HER own direc-
tion in such manner as will accord with the contract specifications  and
be  for  the best interest of the state [including the corporation,]; or
[it] HE OR SHE may  terminate  the  contractor's  employment  under  the
contract  while it is in progress, and thereupon, proceed with the work,
in affirmance of the contract, by contract negotiated or  publicly  let,
by the use of [its] HIS OR HER own forces, by calling upon the surety to
complete  the work in accordance with the plans and specifications or by
a combination of any such methods; or [it] HE  OR  SHE  may  cancel  the
contract and readvertise and relet the work as provided in section thir-
ty  of  this  article. Any excess in the cost of completing the contract
beyond the price for which it was originally awarded shall be charged to
and paid by the contractor failing  to  perform  the  work  or  by  such
contractor's  surety.  Where  the  estimate  for  the  completion  of  a
cancelled contract is in excess of the balance of the amount  originally
set  aside  by the state [including the corporation,] to provide for the
improvement, maintenance or repair of the canal system, or a part there-
of, together with  any  amount  otherwise  provided,  the  [corporation]
COMMISSIONER is authorized to set aside from any funds available for the
improvement, maintenance or repair of the canal system, or a part there-
of, an additional sum equal to such excess and to pay such excess in the
first  instance,  pending  recovery  of  excess cost from the defaulting
contractor and surety, as provided in this section.  Every contract  for
the  improvement,  maintenance  or repair of the canal system, or a part
thereof, shall reserve to the [corporation] COMMISSIONER  the  right  to
suspend  or  cancel  the contract as above provided, and to complete the

S. 2608--C                         70

work thereunder by contract negotiated or publicly let or by the use  of
[its]  HIS  OR  HER  own forces, or affirm the contract and thereupon to
complete the work thereunder according  to  any  of  the  methods  above
provided as the [corporation] COMMISSIONER may determine.
  S  17.  Section  33 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 33. Acceptance of work. Upon  the  completion  of  the  improvement,
maintenance  or  repair of any part of the canal system under a contract
let, as provided in this article, the [corporation]  COMMISSIONER  shall
cause  the  same  to be inspected, and upon the filing [in the office of
the corporation] WITH THE DEPARTMENT of a certificate stating  that  the
work  has  been  well  and  faithfully performed, in accordance with the
terms of the contract, and all legal  modifications  thereof,  the  work
shall  be  deemed  accepted  and  certificates  for final payment on the
contract executed.
  S 18. Section 34 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  34. Exemption of materials or equipment from execution. All materi-
als or equipment furnished or partly procured on  a  defaulted  contract
with the [corporation] COMMISSIONER, shall be exempt from execution, but
the [corporation] COMMISSIONER shall pay the moneys due for such materi-
al  or  equipment to any judgment creditor of the contractor under whose
execution such materials or equipment might otherwise have been sold, on
production to [it] HIM OR HER of due proof  that  such  execution  would
have  so  attached,  and  such  payments  shall be valid payments on the
contract.
  S 19. Section 40 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  40.  Acquisition of property. 1. The acquisition of property neces-
sary for purposes of the improvement, use, maintenance, control, manage-
ment or repair of the canal system, shall be pursuant to the  provisions
of  the  eminent  domain  procedure  law  by the [corporation or by the]
commissioner [of transportation at the request of the corporation].
  2. The commissioner [of transportation or the corporation as the  case
may  be,]  shall cause to be prepared an accurate acquisition map of any
property which he or [it] SHE may deem necessary for purposes  connected
with  the canal system or of any property in and to which he or [it] SHE
may deem the acquisition or exercise of an easement, interest  or  right
to  be  necessary  for  such purposes, indicating and describing in each
case the particular easement, interest or right. On the approval of such
map by the commissioner [of transportation or  the  corporation  as  the
case  may  be,]  he  or [it] SHE shall acquire such property, easements,
interests or rights pursuant to the provisions  of  the  eminent  domain
procedure law.
  3.  If  the  [corporation]  COMMISSIONER shall determine, prior to the
filing of such copy of the map in the office  of  the  county  clerk  or
register  as  aforesaid,  that  changes, alterations or modifications of
such map as filed in the [main office  of  the  corporation]  DEPARTMENT
should  be  made,  the  [corporation] COMMISSIONER shall, subject to the
provisions of article two of the eminent domain procedure law, if appli-
cable, direct the preparation of an amended map, either by  preparing  a
new map or by making changes on the original tracing of such map, with a
notation indicating such changes. On the approval of such amended map by
the [corporation] COMMISSIONER, it shall be filed in the [main office of
the  corporation]  DEPARTMENT in the same manner as the original map was

S. 2608--C                         71

filed, and the amended map shall thereupon in all respects and  for  all
purposes supersede the map previously filed.
  4.  If  the  [corporation]  COMMISSIONER shall determine, prior to the
filing of such copy of the map in the office  of  the  county  clerk  or
register  as  aforesaid,  that such map should be withdrawn, the [corpo-
ration] COMMISSIONER shall file  a  certificate  of  withdrawal  in  the
offices  of the [corporation] DEPARTMENT and department of law. Upon the
filing of such certificate of withdrawal, the map  to  which  it  refers
shall be canceled and all rights thereunder shall cease and terminate.
  5.  The commissioner [of transportation or the corporation as the case
may be,] shall deliver to the attorney general a copy of  such  acquisi-
tion  map  whereupon  it  shall  be  the duty of the attorney general to
advise and certify to the commissioner [of transportation or the  corpo-
ration] the names of the owners of the property, easements, interests or
rights  described  in  the said acquisition map, including the owners of
any right, title or interest therein pursuant  to  the  requirements  of
section four hundred three of the eminent domain procedure law.
  6. If, at or after the vesting of title to such property in the people
of the state of New York as provided for in the eminent domain procedure
law,  the commissioner [of transportation or the corporation as the case
may be] shall deem it necessary to cause the  removal  of  an  owner  or
other occupant from such property [it] HE OR SHE may cause such owner or
other  occupant to be removed therefrom by proceeding in accordance with
section four hundred five of  the  eminent  domain  procedure  law.  The
proceedings  shall be brought in the name of the commissioner [of trans-
portation or the corporation as agent  of  the  state].  If  any  person
proceeded  against shall contest the petition by an answer, the attorney
general shall be notified, and he OR SHE thereafter shall represent  the
petitioner  in  the  proceedings. No execution shall issue for costs, if
any awarded against the state[,] OR the commissioner [of  transportation
or the corporation], but they shall be part of the costs of the acquisi-
tion  and  be paid in like manner. Proceedings may be brought separately
against one or more of the owners or other occupants of a  property,  or
one  proceeding  may  be brought against all or several of the owners or
other occupants of any or all property within the territorial  jurisdic-
tion of the same justice or judge; and judgment shall be given for imme-
diate  removal  of  persons defaulting in appearance or in answering, or
withdrawing their answers, if any, without awaiting the trial  or  deci-
sion of issues raised by contestants, if any.
  7.  Upon  making  any  agreement provided for in section three hundred
four of the eminent domain procedure law, the commissioner [of transpor-
tation or the corporation as the case may be] shall deliver to the comp-
troller such agreement and a certificate stating  the  amount  due  such
owner  or owners thereunder on account of such appropriation of his, HER
or their property and the amounts so fixed shall be paid pursuant to all
relevant provisions of the public authorities law,  the  eminent  domain
procedure law and the state finance law.
  8. Application for reimbursement of incidental expenses as provided in
section  seven  hundred two of the eminent domain procedure law shall be
made to the  [corporation]  DEPARTMENT  upon  forms  prescribed  by  the
[corporation]  COMMISSIONER and shall be accompanied by such information
and  evidence  as  the  [corporation]  COMMISSIONER  may  require.  Upon
approval  of  such  application,  the  [corporation]  COMMISSIONER shall
deliver a copy thereof, to the comptroller together with  a  certificate
stating  the  amount  due thereof, and the amount so fixed shall be paid

S. 2608--C                         72

out of funds available  for  the  acquisition  of  property  under  this
section.
  9. The [corporation] COMMISSIONER shall establish and may from time to
time  amend  rules  and  regulations  authorizing  the payment of actual
reasonable and  necessary  moving  expenses  of  occupants  of  property
acquired  pursuant  to this section; of actual direct losses of tangible
personal property as a result of moving or discontinuing a  business  or
farm  operation,  but  not  exceeding  an amount equal to the reasonable
expenses that would have been required to  relocate  such  property,  as
determined  by  the  [corporation]  COMMISSIONER;  and actual reasonable
expenses in searching for a replacement business or farm; or in hardship
cases for the advance payment of  such  expenses  and  losses.  For  the
purposes  of  making  payment  of such expenses and losses only the term
"business" means any lawful activity conducted primarily  for  assisting
in  the  purchase, sale, resale, manufacture, processing or marketing of
products, commodities, personal property or services by the erection and
maintenance of an outdoor advertising display or  displays,  whether  or
not such display or displays are located on the premises on which any of
the  above  activities  are  conducted.  Such  rules and regulations may
further define the terms used in this subdivision. In lieu of such actu-
al reasonable and necessary moving expenses, any such displaced owner or
tenant of residential property may elect  to  accept  a  moving  expense
allowance, plus a dislocation allowance, determined in accordance with a
schedule  prepared  by the [corporation] COMMISSIONER and made a part of
such rules and regulations. In lieu of such actual reasonable and neces-
sary moving expenses, any such displaced owner or tenant  of  commercial
property who relocates or discontinues his OR HER business or farm oper-
ation  may elect to accept a fixed relocation payment in an amount equal
to the average annual net earnings of the business  or  farm  operation,
except  that  such  payment  shall  be  not  less than two thousand five
hundred dollars nor more than ten thousand dollars. In  the  case  of  a
business,  no  such  fixed  relocation  payment shall be made unless the
[corporation] COMMISSIONER finds and determines that the business cannot
be relocated without a substantial loss of its existing  patronage,  and
that the business is not part of a commercial enterprise having at least
one other establishment, which is not being acquired by the state or the
United  States, which is engaged in the same or similar business. In the
case of a business which is to be discontinued but for which  the  find-
ings  and  determinations  set  forth  above cannot be made, the [corpo-
ration] COMMISSIONER may prepare an estimate of what the actual  reason-
able  and  necessary  moving expenses, exclusive of any storage charges,
would be if the business were to be relocated and enter into  an  agreed
settlement  with  the owner of such business for an amount not to exceed
such estimate in lieu of such actual  reasonable  and  necessary  moving
expenses.  Application  for payment under this subdivision shall be made
to the [corporation]  DEPARTMENT  upon  forms  prescribed  by  [it]  THE
COMMISSIONER  and  shall be accompanied by such information and evidence
as the [corporation] COMMISSIONER may require.  Upon  approval  of  such
application, the [corporation] COMMISSIONER shall deliver a copy thereof
to  the  comptroller  together with a certificate stating the amount due
thereunder, and the amount so fixed shall be paid out of the state trea-
sury after audit by the comptroller from  moneys  appropriated  for  the
acquisition of property under this section. As used in this subdivision,
the  term "commercial property" shall include property owned by an indi-
vidual, family, partnership, corporation,  association  or  a  nonprofit
organization and includes a farm operation. As used in this subdivision,

S. 2608--C                         73

the  term "business" means any lawful activity, except a farm operation,
conducted primarily for the purchase, sale, lease and rental of personal
and real property, and for the manufacture, processing or  marketing  of
products,  commodities,  or any other personal property; for the sale of
services to the public; or by a nonprofit organization.
  10. Authorization is hereby given for the reimbursement to the  person
or  other  entity  entitled  thereto, as determined by the [corporation]
COMMISSIONER, of an amount, separately computed and stated, representing
the following incidental expenses to  the  owner  of  property  acquired
pursuant to this section:
  (a)  Any  recording fees, transfer taxes and other similar expenses in
connection with the acquisition of the property by the state[, including
the corporation,] or in connection with the transfer of the property  to
the state[, including the corporation]; and
  (b)  Any  penalty costs, incurred by the owner of property acquired by
the state[, including the corporation,] for prepayment of any pre-exist-
ing recorded mortgage entered into in good faith encumbering such  prop-
erty.
  In the event that there shall be a final judgment by a court of compe-
tent jurisdiction that the commissioner [of transportation or the corpo-
ration  as the case may be,] was not legally authorized to acquire prop-
erty, or a portion of such property, pursuant to this  section;  or  the
commissioner  [or  the  corporation] denies that there was any taking of
property, makes no offer to settle the value of the claim for such prop-
erty and there shall be a final judgment by a court of competent  juris-
diction that the commissioner [or the corporation] did in fact take such
property;  or the procedure to acquire such property is abandoned by the
commissioner [or the corporation]; authorization is hereby given for the
reimbursement to the person or other entity entitled thereto, as  deter-
mined by the commissioner [or the corporation], of an amount, separately
computed  and  stated, for reasonable costs, disbursements and expenses,
including reasonable attorney, appraisal and engineering fees,  actually
incurred  by  such  person  or  other  entity because of the acquisition
procedure.
  Application for either of such reimbursements shall  be  made  to  the
[corporation]  DEPARTMENT upon forms prescribed by [it] THE COMMISSIONER
and shall be accompanied by such information and evidence as the [corpo-
ration] COMMISSIONER may require. Upon approval of such application, the
[corporation] COMMISSIONER shall deliver a copy  thereof  to  the  comp-
troller  together  with a certificate stating the amount due thereunder,
and the amount so fixed shall be paid out of funds  available  for  this
purpose.
  11. Authorization is hereby given to the [corporation] COMMISSIONER to
make  supplemental  relocation payments, separately computed and stated,
to displaced owners and tenants of residential property acquired  pursu-
ant  to  this  section  who  are entitled thereto, as determined by such
[corporation] COMMISSIONER. The [corporation] COMMISSIONER may establish
and from time to time amend rules and  regulations  providing  for  such
supplemental relocation payments. Such rules and regulations may further
define  the  terms  used  in  this  subdivision. In the case of property
acquired pursuant to this section which is improved by a dwelling  actu-
ally  owned  and  occupied  by the displaced owner for not less than one
hundred eighty days immediately prior to initiation of negotiations  for
the  acquisition  of such property, such payment to such owner shall not
exceed fifteen thousand dollars. Such payment shall be  the  amount,  if
any,  which,  when  added  to the acquisition payment equals the average

S. 2608--C                         74

price, established by the [corporation] COMMISSIONER on a  class,  group
or  individual basis, required to obtain a comparable replacement dwell-
ing that is decent, safe  and  sanitary  to  accommodate  the  displaced
owner, reasonably accessible to public services and places of employment
and  available on the private market, but in no event shall such payment
exceed  the  difference  between  acquisition  payment  and  the  actual
purchase  price  of the replacement dwelling. Such payment shall include
an amount which will compensate such displaced owner for  any  increased
interest  costs  which  such person is required to pay for financing the
acquisition of any such comparable  replacement  dwelling.  Such  amount
shall be paid only if the dwelling acquired pursuant to this section was
encumbered by a bona fide mortgage which was a valid lien on such dwell-
ing for not less than one hundred eighty days prior to the initiation of
negotiations  for the acquisition of such dwelling. Such amount shall be
equal to the excess in the aggregate interest  and  other  debt  service
costs of that amount of the principal of the mortgage on the replacement
dwelling  which  is  equal  to the unpaid balance of the mortgage on the
acquired dwelling, over the  remaining  term  of  the  mortgage  on  the
acquired  dwelling,  reduced  to  discounted present value. The discount
rate shall be the prevailing interest rate paid on savings  deposits  by
commercial  banks  in the general area in which the replacement dwelling
is located. Any  such  mortgage  interest  differential  payment  shall,
notwithstanding  the  provisions  of section twenty-six-b of the general
construction law, be in lieu of and in full satisfaction of the require-
ments of such section.  Such payment shall include  reasonable  expenses
incurred  by  such displaced owner for evidence of title, recording fees
and other closing costs incident to  the  purchase  of  the  replacement
dwelling, but not including prepaid expenses. Such payment shall be made
only  to  a  displaced  owner  who  purchases and occupies a replacement
dwelling which is decent, safe and sanitary within one  year  subsequent
to  the  date  on  which he OR SHE is required to move from the dwelling
acquired pursuant to this section  or  the  date  on  which  he  OR  SHE
receives  from  the  state  final  payment  of all costs of the acquired
dwelling, whichever occurs later, except advance payment of such  amount
may be made in hardship cases. In the case of property acquired pursuant
to this section from which an individual or family, not otherwise eligi-
ble to receive a payment pursuant to the above provisions of this subdi-
vision,  is  displaced from any dwelling thereon which has been actually
and lawfully occupied by such individual or family  for  not  less  than
ninety  days immediately prior to the initiation of negotiations for the
acquisition of such property, such payment to such individual or  family
shall not exceed four thousand dollars. Such payment shall be the amount
which  is necessary to enable such individual or family to lease or rent
for a period not to exceed four  years,  a  decent,  safe  and  sanitary
dwelling  of standards adequate to accommodate such individual or family
in areas not generally less desirable in regard to public utilities  and
public and commercial facilities and reasonably accessible to his OR HER
place  of  employment, but shall not exceed four thousand dollars, or to
make the down payment, including reasonable expenses  incurred  by  such
individual  or  family  for evidence of title, recording fees, and other
closing costs incident to the purchase of the replacement dwelling,  but
not  including  prepaid  expenses, on the purchase of a decent, safe and
sanitary dwelling of standards adequate to accommodate  such  individual
or  family  in  areas  not  generally less desirable in regard to public
utilities and public and commercial facilities,  but  shall  not  exceed
four  thousand  dollars,  except  if  such  amount  exceeds two thousand

S. 2608--C                         75

dollars, such person must equally match any such amount in excess of two
thousand dollars, in making the down payment. Such payments may be  made
in installments as determined by the [corporation] COMMISSIONER.  Appli-
cation  for  payment under this subdivision shall be made to the [corpo-
ration] DEPARTMENT upon  forms  prescribed  by  [such  corporation]  THE
COMMISSIONER  and  shall be accompanied by such information and evidence
as the [corporation] COMMISSIONER may require.  Upon  approval  of  such
application, the [corporation] COMMISSIONER shall deliver a copy thereof
to  the  comptroller, together with a certificate stating the amount due
thereunder, and the amount so fixed shall be paid out of funds available
for such purpose.
  12. The owner of any property, easements, interests or  rights  appro-
priated,  may  present  to  the court of claims a claim for the value of
such property appropriated and for legal damages as provided by law  for
the  filing  of  claims with the court of claims. Payment of such awards
and judgments of the court of claims shall be made  in  the  manner  now
prescribed by law.
  13.  If  the  work of improvement, maintenance, control, management or
repair of the canal system causes damage to  property  not  acquired  as
above  provided,  the state shall be liable therefor, but this provision
shall not be deemed to create any  liability  not  already  existing  by
statute.  Claims  for  such  damage may be adjusted by the [corporation]
COMMISSIONER, if the amounts thereof can be agreed upon with the persons
making such claims, and any amount so agreed upon shall  be  paid  as  a
part  of  the cost of such improvement, maintenance, control, management
or repair as prescribed by this section. If the amount of any such claim
is not agreed upon, such claim may be presented pursuant to the  eminent
domain  procedure  law to the court of claims which is hereby authorized
to hear such claim and determine if the amount of such claim or any part
thereof is a legal claim against the state, and, if it so determines, to
make an award and enter judgment thereon against  the  state,  provided,
however,  that such claim is filed with the court of claims within three
years after the accrual of such claim.
  14. Notwithstanding any other provision of this section,  the  [corpo-
ration  or  the]  commissioner  [of transportation at the request of the
corporation] shall have the power to acquire by grant  or  purchase,  in
the  name  of the people of the state of New York, any property which he
or [the corporation]  SHE  deems  necessary  for  any  of  the  purposes
provided  for  in  this  section, and payment therefor, if any, shall be
made in the manner  prescribed  in  this  section  for  the  payment  of
adjusted  appropriation claims, provided, however, that no real property
shall be so acquired unless the title thereto shall be approved  by  the
attorney general.
  15.  The expense of the acquisition of property, including the cost of
making surveys, preparing  descriptions  and  maps  of  property  to  be
acquired,  and of administrative duties in connection therewith, serving
notices of appropriation, publication, making appraisals and  agreements
and  of  searches  ordered and examinations and readings and approval of
titles made by the  attorney  general,  and  expenses  incurred  by  the
[corporation  or  the] commissioner [of transportation at the request of
the corporation] and attorney general in proceedings for the removal  of
owners  or occupants, shall be deemed a part of the cost of operation of
the respective offices where  such  employees  are  engaged  or  of  the
department  having  charge of such matters and shall be paid from moneys
appropriated for the operation of such offices. If a  special  fund  has

S. 2608--C                         76

been  set  up  to  provide  for  the  acquisition of property, then such
expense involved may be made payable from such fund.
  16.  Notwithstanding  the  provisions of any general, special or local
law, the [corporation or the] commissioner  [of  transportation  at  the
request  of  the  corporation],  his  or  [its]  HER officers, agents or
contractors when engaged on work connected with  the  canal  system,  as
described  in  subdivision  one  of  this  section, may, pursuant to the
provisions of the eminent domain procedure law, enter upon any  property
for  the  purpose  of  making surveys, test pits, test borings, or other
investigations and also for  temporary  occupancy  during  construction.
Claims  for  any  damage  caused  by  such entry, work or occupation not
exceeding two thousand five hundred dollars may be adjusted by agreement
by the [corporation or  the]  commissioner  [of  transportation  at  the
request  of  the corporation] with the owner of the property affected as
determined by him or [such corporation] HER by reasonable  investigation
without appropriating such property. Upon making any such adjustment and
agreement,  the  [corporation  or  the] commissioner [of transportation]
shall deliver to the comptroller such agreement and a certificate  stat-
ing  the amount due such owner and the amount so fixed shall be paid out
of the funds available for such purpose.
  17. If the [corporation] COMMISSIONER shall  determine  subsequent  to
the acquisition of a temporary easement right in property and subsequent
to the filing of a description and map of such property in the office of
the  county clerk or register, as aforesaid, that the purposes for which
such easement right was acquired have been accomplished and that the use
and occupancy of said property for canal purposes are no  longer  neces-
sary,  and  that, therefore, the term of such easement should be further
limited, or if the appropriation of such easement was for an  indefinite
period,  that  such  period  should be fixed and determined, or that the
period of such easement has by  its  terms  expired,  the  [corporation]
COMMISSIONER  shall  make  [its] HIS OR HER certificate that the use and
occupancy of such property for canal purposes are no  longer  necessary,
that  the  property in which such easement right was acquired is surren-
dered back to the affected owner of said property and that such easement
right is thereupon terminated, released and  extinguished.  The  [corpo-
ration]  COMMISSIONER shall cause a copy of such certificate to be filed
in the office of the department  of  state.  Upon  the  filing  of  such
certificate in the office of the department of state all rights acquired
by  the  state  in  such property shall cease and determine. The [corpo-
ration] COMMISSIONER shall cause a copy  of  such  certificate  together
with  notice  of  the  filing thereof in the office of the department of
state to be mailed to the owner or owners of the property  affected,  as
certified  by  the  attorney  general, if the place of residence of such
owner or owners is known or can be ascertained by a reasonable effort. A
further copy of such certificate and notice of filing shall be filed  in
the  office of the recording officer of each county wherein the property
affected is situated. On the filing of such certificate and notice  with
such  officer it shall be the duty of such officer to record same in the
books used for recording deeds in the office of such officer.
  18. Notwithstanding any other provision of this section,  the  [corpo-
ration]  COMMISSIONER  shall  have  the  power  to  acquire  by grant or
purchase, in the name of the people of the state of New York, any  prop-
erty  which  [it]  HE  OR  SHE  deems  necessary for any of the purposes
provided for in this section and may also acquire for such purposes from
the Palisades interstate park commission, in the name of the  people  of
the  state of New York, such lands and such easements, licenses, permits

S. 2608--C                         77

and other rights over lands as the  said  commission  is  authorized  to
grant,  sell, exchange or convey. When the acquisition by appropriation,
grant or purchase of property deemed necessary for canal purposes  would
result  in  substantial  consequential  damages to the owner's remaining
property, due to loss of access, severance or  control  of  access,  the
[corporation] COMMISSIONER, for and on behalf of the people of the state
of New York, may acquire by purchase or grant all or any portion of such
remaining  property.  Payment  therefor,  if  any,  shall be made in the
manner prescribed in this section for the payment of adjusted  appropri-
ation  claims,  provided,  however,  that  no  real property shall be so
acquired unless the title thereto shall  be  approved  by  the  attorney
general.
  S  20.  Section  41 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 41. Acquisition of cemeteries.  Whenever  in  the  judgment  of  the
[corporation]  COMMISSIONER, it is necessary for the purposes of improv-
ing, maintaining or repairing the canal system, to appropriate any prop-
erty occupied by graves, burial places, cemeteries or  other  places  of
interment  of  human remains, the [corporation] COMMISSIONER may acquire
such property in the manner and by the method prescribed by  this  arti-
cle.  [It]  HE OR SHE shall cause the removal of all such remains to any
other cemetery or burial place, whether private or public, as the  board
of  trustees  or  governing  body  of such burial place or burial ground
shall designate. All removals and transportation of such  human  remains
shall  be  done  in  accordance with the provisions of the public health
law. Whenever any person or persons legally entitled to direct as to the
disposition of any human remains exhumed or to be exhumed from any ceme-
tery, burial place or graves as herein provided, desires to  remove  the
same  for reinterment to any burial plot or cemetery not within the same
county from which such remains were exhumed, such person or  persons  so
entitled to designate such other burial place or plot shall be permitted
to  remove  such exhumed remains from such county subject to the written
consent of the [corporation] COMMISSIONER and provisions of  the  public
health  law,  but  no  portion  of the expense of such transportation or
burial in another county shall be borne by  the  state  [or  the  corpo-
ration].
  S  21.  Section  42 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 42. Removal of  encroachments.  The  [corporation]  COMMISSIONER  is
authorized to cause to be removed from canal property any building, part
of  a  building  or  structure  erected, placed, maintained or otherwise
occupying such canal property, if, in [its]  HIS  OR  HER  opinion,  the
removal  is  necessary  for  the improvement, use, maintenance, control,
management, repair or operation of the canal system.  It  shall  be  the
duty  of  any  person  owning  or maintaining such a building, part of a
building or structure to remove the same within  thirty  days  from  the
service  by  the [corporation] COMMISSIONER upon said person of a notice
ordering its removal. Upon the failure  of  the  person  so  ordered  to
remove  the building, part of a building or structure, the [corporation]
COMMISSIONER may, without liability on the part of  the  state  [or  the
corporation],  take whatever action [it] HE OR SHE may deem necessary to
cause the removal. Service of the order of removal must be  personal  if
the  person  to  be served can be found within the state. If the [corpo-
ration] COMMISSIONER shall not be able to serve such notice or cause the
same to be served on the [said]  SUCH  person  within  the  state  after
making  a  reasonable  effort so to do, service may be made by attaching

S. 2608--C                         78

such notice to the [said] SUCH building, part of a  building  or  struc-
ture.
  S  22.  Section  43 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 43. Exchange of property. In order to facilitate the acquisition  of
property  as  defined in this article, and which, in the judgment of the
[corporation] COMMISSIONER, will be in the public interest and necessary
for canal purposes, payment for such property may be made by means of an
exchange therefor of property found to be no longer necessary or  useful
as a part of the barge canal system, or as an aid to navigation thereon,
or  for  barge  canal  terminal purposes. The property to be so acquired
shall be of at least  equal  value  to  that  of  such  property  to  be
exchanged. The [corporation] COMMISSIONER is authorized and empowered to
enter  into an agreement with the owner or owners of such property to be
so acquired, upon such terms and conditions  as  to  such  [corporation]
COMMISSIONER  shall  seem  appropriate  and  proper  to  accomplish such
purpose.
  In all such cases, the property so to  be  exchanged  shall  first  be
declared  abandoned  by official order of the [corporation] COMMISSIONER
which order shall  set  forth  the  benefits  to  be  obtained  by  such
exchange.  In such abandonment it shall be unnecessary to conform to the
provisions for abandonment made in section fifty-one  of  this  chapter.
The  agreement  and  the  title  to the property to be acquired shall be
subject to the approval of the attorney-general. Upon  the  approval  of
title by the attorney-general, the [corporation] COMMISSIONER is author-
ized  and empowered to execute in the name of the people of the state of
New York, a quit-claim deed to effectuate such exchange, which shall  be
subject  to  the approval of the attorney-general. The deed so executed,
before becoming effective, shall be recorded in the office of the secre-
tary of state. Compensation on account of excess value if  any,  of  the
lands  so  acquired shall be adjusted and paid in the manner provided by
section forty of this article, as in  the  case  of  property  taken  by
appropriation.
  S  23.  Section  50 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 50. Authority  to  abandon  canal  lands.  1.  Authority  is  hereby
conferred  upon the [corporation] COMMISSIONER to abandon any portion of
barge canal lands, barge canal terminal lands, or old  canal  lands  and
appertaining structures constituting the canal system prior to the barge
canal  improvement,  which  have  or  may  become no longer necessary or
useful as a part of the barge canal system,  as  an  aid  to  navigation
thereon,  or for barge canal terminal purposes. This authority, however,
shall not include the abandonment of a barge canal terminal unless  such
terminal  has been by a special act of the legislature previously deter-
mined to have become no longer necessary or useful  as  a  part  of  the
barge  canal system, as an aid to navigation thereon, or for barge canal
terminal purposes.
  2. Abandonments authorized pursuant to this section shall  be  subject
to  the provisions of subdivision seventeen of section ten of this chap-
ter.
  S 24. Section 51 of the canal law, as amended by  chapter  44  of  the
laws of 2009, is amended to read as follows:
  S 51. Method of abandonment. Prior to the exercising of such authority
of  abandonment,  however,  the [corporation] COMMISSIONER shall cause a
notice of any proposed abandonment to be transmitted to  the  commission
and to be published once each week for three successive weeks in a news-

S. 2608--C                         79

paper  published  in  the  county wherein such lands are located, except
that such publication shall appear in a newspaper published in the muni-
cipality or locality wherein such lands are  located  when  there  is  a
newspaper  published in such municipality or locality. Such notice shall
describe the lands proposed to be abandoned with sufficient certainty to
identify them and invite interested parties to file  written  statements
either supporting or opposing the proposed abandonment. Upon the expira-
tion  of  the period of publishing said notice, when it is the case that
the assessment for such lands proposed for abandonment is  equal  to  or
greater  than  fifty  thousand  dollars,  the [corporation] COMMISSIONER
shall hold a hearing at which evidence or  further  information  may  be
submitted.  A  record  shall  be  made of all evidence submitted at such
hearing. If no hearing shall appear to the [corporation] COMMISSIONER to
be warranted or subsequent to such hearing,  should  one  be  held,  the
[corporation]  COMMISSIONER  may  in [its] HIS OR HER discretion declare
such lands abandoned for the purposes of the canal system.  The  [corpo-
ration]  COMMISSIONER shall thereupon issue an official order abandoning
the lands for canal purposes together with a map and description of  the
lands  abandoned and dispose of any portion of canal lands so abandoned.
Any money realized from the sale of such land shall  be  deposited  into
the canal fund.
  S  25.  Section  53 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 53. Sale of abandoned lands for railroad bridges. Whenever any canal
lands, as defined in article  one  of  this  chapter,  are  required  in
connection  with  any  railroad  bridge which has been or which is to be
constructed, reconstructed or raised by or for  a  railroad  corporation
over  that  portion  of the barge canal, which has been or which will be
improved by the use of moneys allotted or to be allotted to the state by
the federal government in accordance with chapter  six  hundred  eighty-
eight  of  the  laws  of nineteen hundred thirty-four, the [corporation]
COMMISSIONER may issue an official order abandoning the lands for  canal
purposes.  Upon  a  written  request  by  the  railroad corporation, and
notwithstanding the provisions  of  any  general  or  special  law,  the
[corporation]  COMMISSIONER  is authorized to grant and convey such land
to said railroad corporation for and on behalf  of  the  people  of  the
state  of New York for the purposes mentioned and for a nominal or other
consideration and upon such terms and conditions which he OR  SHE  shall
deem to be beneficial to the state. Such instrument of grant and convey-
ance  shall  become  effective  when it is recorded in the office of the
secretary of state. Any moneys realized from the sale of such land shall
be deposited into the canal fund.
  S 26. Section 54 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  54.  Abandonment  and sale of hydropower easements; agreements with
hydropower developers. 1. Notwithstanding  subdivision  two  of  section
three  or section fifty of the public lands law or section fifty, fifty-
one or fifty-two of this article, upon  request  of  a  person  licensed
under  Part  I  of the Federal Power Act (16 USC S 791a-823a) to develop
and operate a hydropower project at a site on the  barge  canal  system,
the [corporation] COMMISSIONER may adopt an order abandoning a hydropow-
er  easement in barge canal system lands and waters which are within the
boundaries of such federally licensed project, upon finding the property
rights under such easement to be no longer necessary or useful as a part
of the barge canal system, as an aid to navigation thereon, or for barge
canal terminal purposes. Upon adoption  of  such  order,  and  with  the

S. 2608--C                         80

approval  of  the  governor, the [corporation] COMMISSIONER may sell and
convey such easement at private sale to such  licensed  developer.  Such
hydropower  easements  shall be sold for a price to be determined by the
[corporation]  COMMISSIONER taking into consideration the value of obli-
gations to be assumed by such  licensed  developer,  the  value  of  the
rights  granted  to such developer to use canal system lands, waters and
facilities for hydropower project purposes  and  any  other  appropriate
factors.
  2.  Any  hydropower  easement abandoned, sold and conveyed pursuant to
subdivision one of this section shall be limited as follows:
  (a) The easement shall convey only those rights necessary and  conven-
ient  for  the  development and generation of hydropower pursuant to the
provisions of the applicable federal hydropower license and only  within
the boundaries of the hydropower project as licensed.
  (b)  The  easement  shall  be  subservient  to the fee retained by the
state.
  (c) The easement shall not give the owner the right to interfere with,
either by act or omission, the management and  control  by  the  state[,
through the corporation,] of the barge canal system.
  (d) The easement shall provide that it shall revert to the state under
terms  and conditions to be determined by the [corporation] COMMISSIONER
in the event that the site ceases to be used for purposes of  hydropower
development and generation.
  3.  The [corporation] COMMISSIONER may also enter into agreements with
such a licensed developer regarding the division of maintenance  respon-
sibility  for  structures, facilities or other property which serve both
hydropower generation and barge  canal  system  purposes  and  regarding
other  matters  concerning  joint operation at the site. Such agreements
may provide for the payment to the [corporation] DEPARTMENT  of  reason-
able  compensation for services rendered by the [corporation] DEPARTMENT
which assist or otherwise further the development of hydropower  on  the
barge canal system. In addition, the [corporation] COMMISSIONER, subject
to  the approval of the director of the budget, may enter into a written
agreement with a licensed developer or operator at any  site  concerning
the  sharing of costs for a major capital improvement or improvements at
such site. Should the contract for such improvement or  improvements  be
let and awarded by the [corporation] COMMISSIONER, the state comptroller
is  authorized to receive and accept from the developer or operator, the
sum or sums specified in such agreement and to disburse the  same  along
with  state  funds appropriated for the purpose of such capital improve-
ment or improvements.
  4. Any revenue realized from the sale or lease of hydropower easements
shall be deposited into the canal fund.
  S 27. Section 55 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  55.  Authority  to lease land. 1. The [corporation] COMMISSIONER is
hereby authorized, after review and comment  by  the  commission  as  to
consistency  with  the  canal  recreationway  plan  approved pursuant to
section one hundred thirty-eight-c of this  chapter  and  section  three
hundred  eighty-two  of the public authorities law, to enter into leases
of canal lands, canal terminals, and  canal  terminal  lands  which  are
consistent  with  the  canal recreationway plan. Such review and comment
shall be provided within the time period set forth in the procedures  of
the   commission   established   pursuant   to   section   one   hundred
thirty-eight-b of this chapter which shall be no more than sixty days.

S. 2608--C                         81

  2. Lands to be leased shall be determined by the [corporation] COMMIS-
SIONER to have no essential purpose for navigation.
  3.  Leases  of  canal  lands, canal terminals and canal terminal lands
shall be for purposes which are consistent with the New York state canal
recreationway plan approved pursuant  to  section  one  hundred  thirty-
eight-c  of  this  chapter  and  section three hundred eighty-two of the
public authorities law.
  4. The  [corporation]  COMMISSIONER  shall  consider  fully  completed
applications for leases of canal lands, canal terminals and canal termi-
nal  lands  in  such  form  and manner as the [corporation] COMMISSIONER
shall prescribe.
  5. Canal lands, canal terminals and canal terminal  lands  within  the
Adirondack park shall not be leased.
  6.  The [corporation] COMMISSIONER shall provide assistance, including
reasonable access to lands, as may  be  necessary  to  assist  potential
applicants in preparing an application.
  7. The [corporation] COMMISSIONER may require an applicant for a lease
to  provide  necessary property surveys, environmental studies, maps and
photographs, site plans and such other  documents  and  studies  as  the
[corporation]  COMMISSIONER  may  determine to be necessary to ascertain
the compatibility of proposed development with the New York state  canal
recreationway  plan  and  for the [corporation] COMMISSIONER to select a
qualified lessee.
  8. Revenues realized from the lease of canal  lands,  canal  terminals
and canal terminal lands shall be deposited into the canal fund.
  S  28.  Section  56 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 56. Conditions and terms of leases. Leases for  canal  lands,  canal
terminals and canal terminal lands shall include:
  1.  the period of time for such leases, provided that the initial term
of such leases may not exceed forty years, and renewals of  such  leases
may not exceed an additional forty years beyond such initial terms;
  2.  requirements  that  the  lessee  take  no  actions or construct no
improvements that will interfere with navigation,  except  that  if  the
[corporation]  COMMISSIONER determines that any potential adverse inter-
ference with navigation can be reasonably mitigated,  the  [corporation]
COMMISSIONER  shall  include  in  the  lease such requirements as may be
necessary to effectuate mitigation of impediments to navigation;
  3. proper covenants to assure the payment  of  adequate  consideration
for  the  interests  leased,  and  to further protect the state [and the
corporation] as is deemed necessary by the [corporation] COMMISSIONER;
  4. provisions requiring that payments on the lease shall  be  paid  to
the [corporation] DEPARTMENT;
  5.  provisions relating to public access, where feasible, to lands and
waters of the canal system;  provided  however  that  the  [corporation]
COMMISSIONER may require that public access be restricted in those cases
where  the [corporation] COMMISSIONER determines that public safety will
be served by such restriction;
  6. provisions providing a right of entry for  commission  and  [corpo-
ration]  DEPARTMENT  members  and  personnel  and  equipment  for  canal
purposes; and
  7. such other terms as the [corporation] COMMISSIONER shall  determine
are necessary and appropriate for the implementation of this article and
the preservation of the state's interest in the canal system.
  S  29.  Section  57 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:

S. 2608--C                         82

  S 57. Special conditions for leases entered prior to approval of canal
recreationway plan. 1. In the period between the effective date of  this
section  and the completion of the canal recreationway plan, the commis-
sion shall review and comment on proposed leases  with  respect  to  the
consistency  of  such leases with the provisions of this article.  Where
local zoning laws and zoning ordinances are in effect on lands  proposed
to  be leased or on lands adjacent to those lands proposed to be leased,
during such period the commission  shall  also  review  and  comment  on
proposed leases with respect to the compatibility of such leases, to the
extent  practicable, with the requirements of such local zoning laws and
zoning ordinances.
  2. In addition to the other applicable provisions of this article, the
[corporation] COMMISSIONER shall ensure that: (a) the lease will benefit
the canal system by effectuating the  development  of  the  canal  as  a
recreationway; (b) the lease will foster a canal system characterized by
clusters of development and stretches of undeveloped open space which is
conducive  to the preservation of waterfowl, fish and wildlife habitats;
and (c) may encourage the use of historic buildings, sites and districts
listed on or eligible for the state or national  registers  of  historic
places.
  S  30.  Section  60 of the canal law, as amended by chapter 420 of the
laws of 1968, is amended to read as follows:
  S 60. Alteration of  county  roads  or  town  highways.  Whenever  the
commissioner  [of transportation] shall deem it necessary to discontinue
or alter any part of a county road or town highway because of its inter-
ference with the proper location or construction  of  any  work  on  the
canal system either of [improvment, maintance,] IMPROVEMENT, MAINTENANCE
or repair he OR SHE shall direct such discontinuance or alteration to be
made  and file in the office of the clerk of the county or town in which
such road or highway is situate, an accurate description of the part  of
such  road or highway so discontinued and of the one laid out anew. From
the time of filing such  description  such  road  or  highway  shall  be
considered  so altered. The use of such old road or highway shall not be
discontinued until the new road or highway is declared open  for  public
use  by  the commissioner [of transportation], and a certificate to such
effect filed in the office of the clerk of the county or town  in  which
said  road  or  highway  is located. Every alteration made on any public
road located upon the canal system before  the  first  day  of  January,
nineteen  hundred  and thirty-nine shall be deemed valid in law from the
time of such alteration.
  S 31. Section 61 of the canal law, as amended by chapter  420  of  the
laws of 1968, is amended to read as follows:
  S  61. Farm and road bridges.  The commissioner [of transportation] is
authorized and required to maintain until April first, nineteen  hundred
fifty-four,  at  public  expense  farm, road and street bridges over the
canal system, in all places where such bridges were constructed prior to
the twentieth day of April, eighteen hundred thirty-nine, if, in his  OR
HER opinion, the public convenience requires that they should be contin-
ued, whether heretofore maintained at the expense of the state or of the
counties,  towns,  villages and cities where they are situate, provided,
however, that commencing on the first day  of  April,  nineteen  hundred
fifty-four, and continuing thereafter, the maintenance, repair, improve-
ment,  replacement or closing of any such bridge over any section of the
canal heretofore abandoned or which may hereafter be abandoned shall  be
governed  by  the  provisions  of  the highway law, except that any such
bridges situate in a  city  shall  be  maintained,  repaired,  improved,

S. 2608--C                         83

replaced or closed in the same manner and subject to the same provisions
of law as apply to other streets and bridges in such city.
  S  32.  Section  62 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 62. Maintenance by state of certain bridges over the  canal  system.
All highway or pedestrian, lift or movable bridges over the canal system
other  than  highway bridges connecting parts of a state highway hereto-
fore constructed as a part of  the  barge  canal  improvement  shall  be
reconstructed,  improved,  maintained and repaired at the expense of the
state, if in the opinion of the commissioner  [of  transportation],  the
public  convenience  requires  such  bridges  to  be maintained where no
alternate crossing has been provided. In the event the commissioner  [of
transportation]  determines  that  any such bridge is no longer required
for the convenience of the public, he OR SHE shall have power to  close,
remove  or  relocate  such  bridge. The commissioner [of transportation]
shall  have  the  supervision  and  direction  of  such  reconstruction,
improvement,  maintenance,  repair, closing, removing or relocation. All
bridges over the canal system other than lift,  movable,  pedestrian  or
state  highway bridges heretofore constructed as part of the barge canal
improvement shall be reconstructed, improved, maintained and repaired at
the expense of the state under the  supervision  and  direction  of  the
commissioner  [of transportation], if, in his OR HER opinion, the public
convenience requires that each such  bridge  shall  be  continued  as  a
bridge  for highway traffic. In the event the commissioner [of transpor-
tation] is requested by any municipality to reconstruct or  improve  any
such  bridge, he OR SHE is hereby empowered to do so, provided, however,
that prior to such reconstruction or improvement the municipality enters
into a written agreement that such bridge thereafter shall become a part
of the highway system or systems which it may connect  and  the  mainte-
nance,  repair,  improvement,  replacement or closing of any such bridge
shall be governed by the provisions of the highway law, except that  any
such  bridges situate in a city shall be maintained, repaired, improved,
replaced or closed in the same manner and subject to the  provisions  of
any  special  law  which  may  apply or to the same provisions of law as
apply to other streets and bridges in such city or in the case  of  such
bridges  situate  in  a  village,  such  bridges  shall  be  maintained,
repaired, improved, replaced or closed in the same manner and subject to
the same provisions of law as apply to other streets and bridges in such
village. Any bridge over the New York state canal  system  or  abandoned
part  thereof  which  joins  parts of a state highway shall be under the
jurisdiction of the commissioner [of transportation] and  deemed  to  be
part  of the state highway system and such bridges shall be constructed,
reconstructed,  improved,  maintained,  repaired,  closed  or  relocated
pursuant  to the provisions of the highway law and the cost of such work
shall be paid from moneys available  for  construction,  reconstruction,
improvement, maintenance or repair of state highways.
  S  33.  Section  63 of the canal law, as amended by chapter 420 of the
laws of 1968, is amended to read as follows:
  S 63. Maintenance by state of alteration to  certain  highway  bridges
not state owned.  When in the canalization of a natural waterway to form
a  part  of the canal system it has been or may be necessary to alter an
existing highway bridge spanning the canalized portion of the  waterway,
the  maintenance  and  repair  of the additional or new part or parts of
such bridge structure which may have been or may be necessary in  alter-
ing the bridge to meet the requirements of navigation, shall be an obli-
gation  of  the  state.  The commissioner [of transportation] shall have

S. 2608--C                         84

supervision and direction over such maintenance or repairs, the cost  of
which  shall  be  defrayed from moneys appropriated for the improvement,
maintenance and repair of the canal system.
  S  34.  Section  64 of the canal law, as amended by chapter 420 of the
laws of 1968, is amended to read as follows:
  S 64. Commutation for bridges.  The commissioner  [of  transportation]
may  commute  with  owners  and  claimants of bridges over any canal, by
paying such owner or claimant such sum in lieu of a  bridge  as  may  be
agreed on between the claimant and the commissioner [of transportation].
If,  in  the  opinion  of the commissioner [of transportation], a bridge
should not be rebuilt, and the amount to be paid be not agreed upon, the
bridge shall not be built, but the damages sustained by  such  owner  by
being  deprived of such bridge and which the state under all the circum-
stances ought of right to pay, shall be ascertained in the  same  manner
as  damages  for  the appropriation of real property, for the use of the
canal and paid by the commissioner [of transportation], on the  approval
of  the attorney-general. If the damages claimed are for the deprivation
of a bridge which the claimant had before constructed or maintained, the
circumstance of his OR HER being equitably bound to  contribute  propor-
tionately  toward the construction and maintenance of an enlarged bridge
shall be taken into consideration and a proper amount  of  that  account
shall  be  set off against any damage to which the claimant might other-
wise be entitled.
  S 35. Section 65 of the canal law, as amended by chapter  420  of  the
laws of 1968, is amended to read as follows:
  S  65.  Private road in lieu of farm bridges.  If the commissioner [of
transportation] cannot agree with the owner of a farm bridge spanning  a
canal  as to the amount of commutation in any case where he OR SHE is of
the opinion that the state should erect such bridge, and the commission-
er [of transportation] determines that a private road through  adjoining
lands will sufficiently accommodate such owner, and that the same can be
laid  out  with  economy  to the state, he OR SHE may take the necessary
action to lay out a private road for the accommodation of the owner,  in
the manner prescribed by law for laying out private roads and pay to the
owner  of  the  lands  through  which  the same is laid out, the damages
assessed.
  S 36. Section 66 of the canal law, as amended by chapter  420  of  the
laws of 1968, is amended to read as follows:
  S  66.  Restrictions  on the construction of farm and road bridges.  A
person shall not be entitled to demand a farm bridge across a  canal  or
feeder  where  the  necessity  of  convenience of such bridge shall have
arisen from the division or acquisition of property  subsequent  to  the
location  of  such canal or feeder. A street or road bridge shall not be
constructed by the commissioner [of  transportation]  over  a  canal  or
feeder,  except  upon  such streets or roads as were laid out, worked or
used, previously to the construction of the canal or  feeder,  by  which
such  street  or road is obstructed; and when bridges are constructed or
reconstructed upon any such streets or roads,  the  cost  to  the  state
shall  in  no  case  be  more than is required to preserve in a safe and
substantial manner the continuity of such streets or roads so as not  to
unnecessarily  impair  their  usefulness. When a bridge of a more costly
nature is desired by the local authorities of a city,  town  or  village
within  whose  corporate  limits a bridge is to be built or rebuilt, the
commissioner [of transportation], on presentation to him OR HER by  such
local  authorities  of  plans  and  specifications  for  such bridge and
approval thereof by him OR HER shall estimate and determine the  propor-

S. 2608--C                         85

tion  of  the  cost,  which, in order to preserve the continuity of such
streets and roads, the state ought equitably to pay, and file such esti-
mate and determination in his OR HER office and a duplicate  thereof  in
the office of the clerk of such city, town or village. If a private road
or public highway is laid out by legal authority in such direction as to
require  the erection of a new bridge over a canal for the accommodation
of the road, such bridge shall be so constructed and forever  maintained
at  the  expense of the town, village or city in which it shall be situ-
ated.
  S 37. Section 67 of the canal law, as amended by chapter  420  of  the
laws of 1968, is amended to read as follows:
  S  67.  Construction of bridges by municipal corporations.  The common
council of any city may provide by ordinance for the erection of a lift,
hoist or swing bridge over a canal at any street in such city, on  plans
and  specifications approved by the commissioner [of transportation]. If
the commissioner [of transportation] shall consent to such  erection  he
OR  SHE  shall  file such consent with the clerk of such common council.
Such bridge shall be built, operated and  maintained  under  the  super-
vision  and  control of the commissioner [of transportation], but at the
expense of such city or of the property adjudged by the  common  council
to be so benefited.
  S  38.  Subdivision  1  of  section 68 of the canal law, as amended by
chapter 420 of the laws of 1968 and as designated by chapter 422 of  the
laws of 1994, is amended to read as follows:
  1. When a bridge spanning the Oswego canal or that portion of the Erie
canal  between  the Hudson river and its junction with the Oswego canal,
is to be reconstructed, or a  new  bridge  is  to  be  built  over  such
sections  of the canal system, such reconstructed or new bridge shall be
so built as to provide a clear passageway between the  bottom  clearance
line  of  the bridge, if of the fixed type, or the bottom clearance line
when raised, if of the movable type, and the surface of the water at its
highest navigable stage of not less than twenty feet.    When  a  bridge
spanning  the  Champlain  canal,  the  Cayuga and Seneca canals, or that
portion of the Erie canal westerly of  Three  Rivers  is  to  be  recon-
structed  or a new bridge is to be built over such sections of the canal
system, such reconstructed or new bridge shall be so built as to provide
a clear passageway between the bottom clearance line of the  bridge,  if
of  the  fixed type, or the bottom clearance line when raised, if of the
movable type, and the surface of the  water  at  its  highest  navigable
stage, of not less than fifteen and one-half feet.  The commissioner [of
transportation]  may,  however, if in his OR HER judgment the additional
cost is not unreasonable, require that such bridges be reconstructed  or
constructed  to provide a clearance of not less than twenty feet or that
the substructure of such bridge be so constructed that  the  superstruc-
ture  may  be  raised  to  provide  a  clearance  of twenty feet without
rebuilding the foundation of said substructure.
  S 39. Section 69 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  69.  Damages caused by excessive loads. The commissioner [of trans-
portation] shall cause, where required, the posting of all bridges under
his OR HER jurisdiction located on the canal system in  conformity  with
the  provisions  of  the  vehicle and traffic law. Upon all such bridges
incapable of safely carrying legal loads as prescribed in  such  law  or
where  the  overhead clearance is less than the legal height of fourteen
feet, the commissioner [of transportation] shall have displayed on  both
ends  of  such bridge signs stating the safe carrying capacity and legal

S. 2608--C                         86

clearance of such structure, all in accordance with  the  provisions  of
section  three  hundred  eighty-five  of the vehicle and traffic law. No
person shall cause to be transported over such a bridge a vehicle  whose
load  is in excess of that shown upon the posted sign or whose height is
in excess of the legal clearance as  shown  on  such  posted  sign.  Any
person  violating the above provisions shall be subject to the penalties
imposed under section three hundred eighty-five of the vehicle and traf-
fic law and in addition thereto shall be liable for all damages to  such
structure  resulting  from  violation  of such law. The commissioner [of
transportation] is hereby authorized and directed to proceed, on  behalf
of  the  people of the state, to cause to be recovered, by the attorney-
general in an appropriate action in any court of competent jurisdiction,
the amount of damages sustained and expenses incurred by  the  state  in
consequence of such violation.
  S 40. Section 69-a of the canal law is REPEALED.
  S  41.  Section  70 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 70. Cargo statement. The master  of  any  float  shall  furnish  the
[corporation]  COMMISSIONER  or  [its]  HIS OR HER representative a true
statement of the quantity and description of the lading of  such  float,
specifying the place from which it departed and to which it is destined.
Any  master  who  refuses  to  comply with any provision of this section
shall forfeit to the people of the state a penalty  not  to  exceed  one
hundred dollars, which shall be paid into the canal fund.
  S  42.  Section  71 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 71. Registry of canal floats. The owner of every commercial float to
be navigated on the canal system shall make application to  the  [corpo-
ration]  COMMISSIONER  for a New York state certificate of registry. The
application shall be in THE form prescribed by the [corporation] COMMIS-
SIONER and shall contain such information as the  [corporation]  COMMIS-
SIONER  may  deem  essential for full and complete identification of the
float and the owner thereof. It shall be signed by the owner if an indi-
vidual, or by an officer of a company, partnership or corporation if  so
owned.  Upon receipt of an application in proper form, the [corporation]
COMMISSIONER shall assign a state registry number and issue to the owner
a certificate of New York state registry,  a  copy  of  which  shall  be
entered in the records of its office.
  S  43.  Section  72 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 72. Change of ownership, name or hailing place.  Should  the  owner-
ship,  name or hailing place of a float change after state registry, the
owner of the float shall make new application in form  similar  to  that
required  for original registry and upon receipt of such application the
[corporation] COMMISSIONER shall issue a new state certificate of regis-
try and record the same in its office. The owner or owners of a  commer-
cial  float  found  navigating  the canal system, the ownership, name or
hailing place of which shall have been changed without  proper  applica-
tion  for re-registry to the [corporation] COMMISSIONER, shall, upon due
proof thereof be subject to a penalty to the people of the state of  New
York  not  to  exceed  one  hundred  dollars recoverable by the attorney
general in an action in any court of competent jurisdiction.
  S 44. Section 73 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 73. Registered owner to be advised of assessments and penalties. The
[corporation] COMMISSIONER shall advise the person whose name appears on

S. 2608--C                         87

the  latest application for registry on file in [its office] THE DEPART-
MENT of any assessments, penalties or other  charges  levied  against  a
float  or its crew for acts or omissions occurring while the float is on
the  canal  system.  Should  the  registered  owner  fail to make prompt
payment of such assessments, penalties  or  charges,  the  [corporation]
COMMISSIONER  may  refuse  clearance  to  the  float and action shall be
instigated as provided under section eighty-three of this article.
  S 45. Section 74 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  74.  List  of  registered  floats to be prepared. The [corporation]
COMMISSIONER shall make a list of all floats to  which  New  York  state
certificates  of registry have been issued. This list shall be corrected
at least once in each calendar year and a copy of  such  corrected  list
shall  be  filed  in the office of each of the district engineers having
supervision over portions of the canal system. The list shall  be  filed
in  the [office of the corporation] DEPARTMENT and shall be available to
public inspection within regular office hours.
  S 46. Section 75 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  75.  Clearance  and  ownership. Every commercial float shall have a
clearance. Clearances may be obtained at such  places  along  the  canal
system  and  at  such other points as the [corporation] COMMISSIONER may
direct. No clearance shall be granted to any commercial float unless the
person authorized to issue such clearance has evidence that  such  float
is  duly  registered in the [office of the corporation] DEPARTMENT. Each
float shall have a separate clearance and no part of the cargo shall  be
cleared  to a place beyond which the float is cleared. The [corporation]
COMMISSIONER may, in [its] HIS OR HER  discretion,  refuse  to  issue  a
clearance for a vessel against whose registered owner there is an unpaid
penalty involving such vessel for the violation of rules and regulations
adopted pursuant to this chapter.
  S  47.  Section  76 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 76. Regulations with respect to clearance. No commercial float shall
proceed beyond the place to which it is cleared, nor unload any  of  its
cargo,  before  or after its arrival, at the place from which such arti-
cles are cleared, nor proceed beyond such place until the master thereof
delivers the clearance of such float or articles to  the  person  desig-
nated  by  the  [corporation]  COMMISSIONER  to receive the same, at the
place for which they are cleared. If there is no canal official at  such
place,  then  to  the canal official whose office shall be passed by the
float in the order of its voyage, and receive permission from such canal
official to proceed to the place to which it is cleared.
  S 48. Section 77 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  77. Copy of clearance. The [corporation] COMMISSIONER, or [its] HIS
OR HER representative issuing a clearance or with whom  a  clearance  is
filed,  shall,  when  requested,  furnish a copy thereof, with any addi-
tional cargo entered thereupon and the  several  indorsements,  if  any,
which  copy  shall  have  the  same  validity and effect as the original
clearance of which it is a copy.
  S 49. Section 78 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 78. Assignment of berths for loading or unloading. The [corporation]
COMMISSIONER or [its] HIS OR HER representative may assign berths to all
floats  while loading or unloading at any landing place upon a canal and

S. 2608--C                         88

determine disputes  concerning  same.  The  [corporation]  COMMISSIONER,
shall,  as to any of the locks, terminals or mooring places of the canal
system used by floats, regulate and station such  floats  for  the  best
interest of navigation. The [corporation] COMMISSIONER may determine how
far and in what instances masters and other persons having charge of any
float  shall  accommodate  each other in their respective anchorages. If
any master or other person having control of any float within the limits
of such waters shall neglect or refuse to obey  the  directions  of  the
[corporation]  COMMISSIONER,  or [its] HIS OR HER representative, in any
such matters within [its] HIS OR  HER  authority,  or  shall  resist  or
oppose  the  [corporation]  COMMISSIONER  in  the  execution of the said
duties, such person shall be liable to  a  penalty  not  to  exceed  one
hundred  dollars,  recoverable  by the [corporation] COMMISSIONER in any
court of competent jurisdiction, and payable into the canal fund.
  S 50. Section 79 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 79. Floating elevators. Any person owning or leasing, in whole or in
part, any floating elevator used for loading grain, coal, sand, or other
material,  shall,  upon  application  to  and  in  the discretion of the
[corporation] COMMISSIONER, be assigned a place  for  and  permitted  to
keep  said  floating  elevator in the waters of the canal system of this
state, at such point as may be most convenient for and for  such  period
of time as may be necessary for the transaction of the business of load-
ing  or unloading grain, coal, sand, or other material, shipped or to be
shipped on the canals; provided, however, that  such  floating  elevator
shall  cause  no  obstruction  to  the free and uninterrupted use of the
canal system by floats navigating thereon. While such elevators  are  in
operation,  they  shall  be  equipped with such device or devices as the
[corporation] COMMISSIONER may determine to prevent the  material  being
loaded or unloaded from such float, from falling into such waters.
  S  51.  Section  80 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 80. Supplying deficiencies of water. Whenever the navigation of  any
part  of  the  canal  system  is endangered by reason of a deficiency of
water, the [corporation] COMMISSIONER shall, without delay, supply  such
deficiency.  For  that  purpose  [it]  THE COMMISSIONER shall resume the
temporary use of all the surplus water  leased,  licensed  or  withdrawn
under  revocable  permit  from  the  part of the canal system where such
deficiency exists. If there still be a deficiency  of  water,  [it]  THE
COMMISSIONER may enter upon and use all lands, streams and waters which,
in  [its]  HIS OR HER judgment, may be necessary or proper to be used to
procure a temporary supply of water for such part of the  canal  system.
The  [corporation]  COMMISSIONER  may  enter  into an agreement with the
owner or owners of any property used for such  temporary  purpose  under
this  section  covering  the  amount of damage sustained. Such agreement
when approved by the attorney-general shall become an obligation of  the
[corporation]  COMMISSIONER  and paid from moneys available therefor. In
case no agreement is consummated the amount of damages sustained may  be
determined as provided in section one hundred twenty of this chapter. No
damages shall be allowed in any case for resuming the use of any surplus
water which has been withdrawn under lease, license or revocable permit.
  S  52.  Section  81 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 81. Deposit of refuse in navigable waters. It shall be  unlawful  to
throw from or otherwise deposit, either from or out of any float or from
the  shore,  wharf,  manufacturing  establishment  or  mill of any kind,

S. 2608--C                         89

refuse or other matter of any description, into any of the waters of the
canal system or into any waters dredged at public expense and  used  for
canal  purposes.  Every person that shall violate the provisions of this
section shall be subject to damages to the amount as will compensate the
[corporation]  COMMISSIONER  for the expenses involved in restoring such
waters to its useful condition to meet the needs of canal navigation. It
shall also be unlawful for any person to obstruct the  navigation  of  a
canal  by  the improper mooring, management or conduct of a float, or by
placing any obstruction on the banks thereof.
  S 53. Section 82 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 82. Seizure of obstruction. The [corporation] COMMISSIONER may cause
to  be  seized  and  removed  any object, article, float or sunken thing
found within the limits of the canal system not under the care or charge
of any person.  [It] THE COMMISSIONER shall sell or offer for  sale  all
seized objects, articles, floats or sunken things either before or after
their  removal, as [it] HE OR SHE deems essential for maintenance of the
canal system. The sale shall be at public auction after giving ten days'
written notice of such proposed sale conspicuously posted at two  public
places  in  the city or town where such object, article, float or sunken
thing is found unless before the time of such  sale  the  owner  thereof
appears  and  claims  same  and pays to the [corporation] DEPARTMENT the
cost and expense which has been incurred by it in  connection  with  the
seizure,  removal  and  proposed sale. The owner thereof shall be liable
for the cost and expense of such seizure, removal and sale of  the  said
object,  article,  float  or  sunken thing which cost and expense may be
recovered by the attorney-general in an appropriate action or proceeding
brought in the name of the people of the state in any court of competent
jurisdiction. The avails of such sale shall  be  accounted  for  by  the
[corporation]  COMMISSIONER  to  the  department of taxation and finance
which may on the application of the owner and upon due proof  of  owner-
ship  pay  over  such  proceeds to him OR HER after deducting all costs,
expenses and reasonable charges of the seizure, removal and sale  there-
of.  Whenever in the opinion of the [corporation] COMMISSIONER the navi-
gation or operation of any part of the canal system  is  interrupted  or
endangered,  the  [corporation]  COMMISSIONER  may  cause  to be cut up,
destroyed or otherwise removed any  object,  article,  float  or  sunken
thing  in  or partly in the waters of the canal system which may, in its
judgment, be causing such  interruption  or  damage.  The  [corporation]
COMMISSIONER may enter into an agreement with the owner or owners of any
property so cut up, destroyed, or otherwise removed, covering the amount
of damage sustained. Such agreement when approved by the attorney-gener-
al  shall  become an obligation of the [corporation] DEPARTMENT and paid
from moneys available therefor. In case no agreement is consummated, the
amount of damages sustained may be determined as provided in section one
hundred twenty of this chapter.
  S 54. Section 84 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S 84. Damage caused by termination of canal navigation. No part of the
canal  system  of the state which was improved pursuant to chapter seven
hundred ten of the laws of nineteen hundred seven and the  acts  supple-
mental  thereto and amendatory thereof, shall be abandoned or navigation
thereof permanently closed, nor shall the state cede or transfer  owner-
ship,  jurisdiction  or control thereof to the United States pursuant to
authority conferred by constitutional amendment, until the expiration of
one year after the [corporation] COMMISSIONER shall have been authorized

S. 2608--C                         90

and empowered by law to cause a notice of intention to take such  action
to  be  published  once  in  each month during such year in at least one
newspaper published in each county adjacent to the part  of  such  canal
system  affected  by  such  notice. Each person, who, at the time of the
first publication of such notice, is the owner  of  a  commercial  float
registered  pursuant  to  the  provisions of this chapter, which, at the
close of navigation in such year, shall have been  actually  engaged  in
the  navigation  of  the part of such canal system so abandoned, closed,
ceded or transferred, or so relinquished to the jurisdiction or  control
of  the United States, may present a claim for damages against the state
[including the corporation] to a court of competent jurisdiction,  which
court shall hear and determine the liability [of the corporation] there-
for;  and,  if  the  court  shall  find that such person has suffered or
sustained damages by reason of such abandonment, closing, ceding, trans-
fer, or relinquishment which the [corporation] DEPARTMENT, in right  and
justice,  or  in  law or equity, is obligated to pay, such damages shall
constitute a valid and legal claim against the [corporation] DEPARTMENT,
and the [corporation] DEPARTMENT shall be deemed  liable  therefor,  and
the  court may make an award to such person and render a judgment in his
OR HER favor against the [corporation] DEPARTMENT in  such  sums  as  it
shall find to be just and equitable. It is declared to be the purpose of
this  section  to encourage and induce the construction of boats for use
upon such canal system and their operation thereon and to  protect  from
loss,  financial  investments  made  in  such construction and operation
caused by  an  abrupt,  permanent  termination  of  navigation,  or  the
creation of conditions, which would result in the impairment, limitation
or destruction of navigation of such canal system by such floats.
  S  55.  Section  85 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 85. Rules and  regulations.  The  [corporation]  COMMISSIONER  shall
prescribe  and enforce rules and regulations, not inconsistent with law,
governing navigation on the canals and for  the  use  of  the  terminals
connected  with  the canals and for the use of all other property of the
[corporation]  DEPARTMENT  under  the  [corporation's]  COMMISSIONER  OR
DEPARTMENT'S  control  and maintained as a part of the canal system. The
[corporation] COMMISSIONER shall provide rules and regulations  for  the
government  of  all employees under [its] HIS OR HER control, engaged in
the improvement, repair and maintenance of the canals. [It] THE  COMMIS-
SIONER  shall  cause such rules and regulations to be printed and a copy
filed in the office of the department of state and a  sufficient  number
distributed  to  the various district engineers and other field officers
to be kept in their respective offices for public inspection.
  S 56. Section 90 of the canal law, as amended by chapter  335  of  the
laws of 2001, is amended to read as follows:
  S  90.  Record  of  operating expenses. The [corporation] COMMISSIONER
shall keep an accurate account of all moneys appropriated by the  legis-
lature  for  the  improvement,  maintenance, repair and operation of the
canal system and shall cause to be prepared and filed in the [office  of
the  corporation]  DEPARTMENT  on or about January first of each year, a
statement showing all such moneys appropriated and how  expended  during
the  preceding fiscal year. The [corporation] COMMISSIONER shall keep an
accurate account of the recoveries made in all actions brought  by  [it]
HIM  or HER OR at [its] HIS OR HER direction, for the recovery of penal-
ties or damages under authority of this chapter  and  of  the  cost  and
expenses  thereof  and  pay  into  the canal fund the amount of all such

S. 2608--C                         91

recoveries and account for the same with the  department  of  audit  and
control.
  S  57.  Section  91 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 91. Tonnage statistics. The [corporation] COMMISSIONER shall collect
and compile accurate records of the tonnage transported  on  the  canals
during  each  season  of  navigation. Such data, together with all other
necessary information relative to canal transportation shall be arranged
in convenient form and furnished to those interested. The  [corporation]
COMMISSIONER  shall  publish from time to time such data and information
as, in [its] HIS OR HER opinion, will promote and encourage commerce  on
the canals.
  S  58.  Section  92 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 92. Annual report. The [corporation] COMMISSIONER shall  during  the
month  of  January  make a report to the legislature covering the activ-
ities of the [corporation] DEPARTMENT with respect to the  canal  system
for  the preceding calendar year ending December thirty-first, including
therein details as to the tonnage transported upon  the  canals  of  the
state,  the  condition  of  the  canals,  and  the work and improvements
connected therewith; the several  amounts  of  moneys  appropriated  and
expended  during the preceding fiscal year and submit recommendations of
such measures in relation to the canals as, in [its] HIS  OR  HER  judg-
ment, the public interest requires.
  S  59.  Section 100 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 100. Granting revocable permits. The [corporation]  COMMISSIONER  is
hereby  authorized,  in  [its] HIS OR HER discretion, to issue revocable
permits granting certain limited privileges therein, whenever  the  same
can be done without detriment to canal navigation or damage to the banks
or  other  structures thereof. [It] THE COMMISSIONER shall prescribe the
terms and conditions by which such revocable permits may be  issued  for
the  temporary use of canal lands or structures and for the diversion of
canal waters for sanitary, farm purposes, or industrial  use.  [It]  THE
COMMISSIONER  may also issue permits, as [it] HE OR SHE shall deem to be
advantageous to the [corporation] STATE, to any person, firm  or  corpo-
ration,  to  cut, gather and haul away ice from the canals. Whenever any
space and facilities are available at any canal  terminal  and  when  no
detriment  or  injury  to  canal traffic or delay in handling same would
result, the [corporation] COMMISSIONER may issue a revocable permit  for
the  temporary  and  restricted use or occupancy, of such canal terminal
and the facilities thereof, pursuant to the rules and regulations  which
[it]  HE  OR  SHE  may  prescribe. All permits heretofore granted by the
corporation and not canceled, are hereby  legalized  and  confirmed  and
made  effectual and valid in accordance with the terms and conditions in
said permit as fully as if this chapter had been in force on the date of
issuance of such permit. No liability of any kind  shall  attach  to  or
rest  upon  the  state[,  including  the corporation,] for any damage on
account of the granting or revocation of  any  permit.  Existing  permit
holders  within  the  Adirondack  park  in  compliance with the terms of
permits which have been properly issued pursuant to law  shall  continue
to  be  afforded  permits at least until the first day of June, nineteen
hundred ninety-four, unless such permit holders fail to apply for permit
renewal within six months of the expiration of such existing  or  former
permit or permits, or by the first day of August, nineteen hundred nine-
ty-three,  whichever  is  later;  provided,  however, that no additional

S. 2608--C                         92

development right or rights may be included in any permit renewed  prior
to  the  first  day  of  June, nineteen hundred ninety-five. Any revenue
realized from the issuance of such permits shall be deposited  into  the
canal fund.
  S  60.  Section 101 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 101. Railroads operating over canals. The [corporation] COMMISSIONER
shall have a general supervisory power over so much of any  railroad  as
passes  over  any  canal  or feeder belonging to the state or approaches
within ten rods thereof, so far as may be necessary to preserve the free
and perfect use of such canals or feeders, or for  making  any  repairs,
improvements  or  alterations  thereupon.  No railroad corporation shall
construct its railroad over or at any place within ten rods of any canal
or feeder belonging to the state, unless it submits to the [corporation]
COMMISSIONER a map, plan and profile of such canal or feeder and of  the
route  designated for its railroad, exhibiting distinctly and accurately
the relation of each to the other at all the places within the limits of
ten rods thereof, and obtains the  written  permission  of  the  [corpo-
ration]  COMMISSIONER  for  the construction of such railroad, with such
conditions, directions and instructions as in its judgment the free  and
perfect use of any such canal or feeder may require.
  Whenever  any  street  railroad shall cross over any bridge spanning a
canal, or canal feeder, the company owning,  maintaining  and  operating
the  same, shall be deemed liable for and shall pay all damages that may
occur or arise, either to the state or to  persons,  by  reason  of  its
laying and maintaining its tracks or rail over, upon and across any such
bridge, or by reason of the operation of its cars over the same; and any
such  company shall, upon demand of the [corporation] COMMISSIONER, make
any repairs to such structure to insure the continued safety thereof, as
shall have been rendered necessary by reason of such use of said  struc-
ture  by  said  company.  Any  company maintaining or operating a street
railroad over, upon and across any such bridge shall indemnify the state
[including the corporation] against any and all loss, damages or  claims
for  damages  for  injuries  to  persons or property of passengers which
shall be incurred by or made against such state by reason of the  opera-
tion  of  such  railroad  over any such bridge, and the [or corporation]
COMMISSIONER may, in [its] HIS OR HER discretion, require any company so
maintaining or operating a street railroad to furnish a bond, with sure-
ties to be approved by [it] HIM OR HER to indemnify the state [including
the corporation] from all such loss, damage or claim. All  such  permits
heretofore or hereafter granted shall be revocable whenever the free and
perfect use of any such canal or feeder may so require, or if such rail-
road  company  shall  fail to make any such repairs when required by the
[corporation] COMMISSIONER.  The railroad company using or occupying any
bridge over the same shall, within a reasonable time after  the  service
upon  it,  by the [corporation] COMMISSIONER of a written notice of such
revocation, or to make such repairs, remove at its own cost and expense,
its railroad from such bridge and from the limits of ten  rods  of  said
canal or feeder.
  S  61.  Section 102 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 102. Pipe lines crossing canals. No pipe line shall  be  constructed
upon or across any of the canals of this state, except by the consent of
and  in  a  manner  and  upon  the terms prescribed by the [corporation]
COMMISSIONER, unless constructed upon a fixed bridge across  such  canal
and  with the consent of the person, firm or corporation for whose bene-

S. 2608--C                         93

fit such bridge is constructed and maintained, or  upon  such  a  bridge
over the canal, at the crossing of a public highway, or street, with the
consent of the public officers having the supervision thereof, or of the
municipal  authorities  of  any village or city within whose limits such
bridge may be, nor shall the pipes  of  any  such  corporation  be  laid
through,  on  or  along  the  banks  of any of the canals of this state,
unless such pipes shall be encased so as to  prevent  leakage,  in  such
manner as shall be approved by the [corporation] COMMISSIONER.
  S  62.  Subdivision  1  of section 103 of the canal law, as amended by
chapter 335 of the laws of 2001, is amended to read as follows:
  1. The [corporation] COMMISSIONER shall have the power to impose tolls
for the passage through locks and lift  bridges  by  vessels  which  are
propelled  in  whole or in part by mechanical power, and to collect such
tolls by the sale of lock and lift bridge passes issued for such periods
of time as the [corporation] COMMISSIONER  shall  determine.  Tolls  for
such  lock  and lift bridge passes shall be established by regulation of
the [corporation] COMMISSIONER with the advice of the canal  recreation-
way  commission  and  following  no  fewer  than  two public hearings at
geographically dispersed locations on the canal system. In addition, the
[corporation] COMMISSIONER may provide by regulation  for  the  sale  of
lock  and lift bridge passes by any other entity, and may allow a charge
for handling by such other entities not to exceed one  dollar  for  each
pass.  No  tolls shall be imposed or collected prior to the first day of
April, nineteen  hundred  ninety-three.  Vessels  owned  by  the  United
States, a state, or subdivision thereof shall be exempted from the tolls
authorized by this section.
  S  63.  Section 104 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 104. Use of dry docks for repairs.  The  [corporation]  COMMISSIONER
may  grant  permission to owners of vessels operating upon the canals to
use the state dry docks to the extent space  is  not  required  for  the
needs  of  canal maintenance vessels, and the [corporation] COMMISSIONER
shall collect from such owners equitable charges for  the  use  thereof.
All sums collected for such use shall be paid into the canal fund.
  S  64.  Section 112 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 112. Exemption of canal  officers  from  arrest  in  civil  actions.
Neither  the [corporation] COMMISSIONER, THE DEPARTMENT, nor any officer
or responsible employee in the [corporation]  DEPARTMENT  in  charge  of
canal  structures  or  forces  thereof, or other public officer employed
upon or in charge of the canal system or part thereof shall be liable to
arrest or to be held to bail in any civil action for  any  act  done  or
omitted  to be done by it in the exercise of its official duties, nor be
subject to military duty while  actually  engaged  in  their  respective
employments upon the canal system while the same is navigable.
  S  65.  Section 113 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 113. Delivery of property on discharge of  employees.  Every  person
employed  upon  the canal system and occupying any house, office, build-
ing, or land belonging thereto,  who  is  discharged  from  his  OR  HER
employment  or  otherwise separated from the service, and the spouse and
family of every such person, shall deliver  to  the  [corporation  or  a
person  designated  by  it]  COMMISSIONER  OR  HIS  OR HER DESIGNEE, the
possession of the premises so occupied and of all books, papers, matters
or other articles and things belonging to the canal system  acquired  by
virtue  of such employment, within seven days after notice is served for

S. 2608--C                         94

that purpose by the [corporation] COMMISSIONER. In case of a refusal  or
neglect  to  make  such delivery, any court of competent jurisdiction in
the county where such premises are situate, may, on application, issue a
warrant  ordering  any peace officer, when acting pursuant to his OR HER
special duties, or police officer, with such assistance as may be neces-
sary, to enter, in the daytime, upon the premises so occupied and remove
therefrom all persons found in possession thereof, and to take into  his
OR  HER  custody  all  books,  papers,  articles  and things there found
belonging to the canal system, and deliver the same to the  [corporation
or to some person designated by it] COMMISSIONER OR HIS OR HER DESIGNEE,
and such officer shall execute such warrant accordingly.
  S  66.  Section 114 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 114. Functions, powers or duties imposed upon officers or  employees
by  statutory  name.  Whenever a function, power or duty is imposed upon
the [corporation] COMMISSIONER OR DEPARTMENT, and an officer or  employ-
ee, or a group or class thereof is designated in this chapter by a stat-
utory  or  specific  title or name to exercise such function or power or
perform such duty, the exercise or performance thereof shall  be  deemed
to be imposed upon the officer or employee in such [corporation] DEPART-
MENT  who  shall  be  assigned thereto by such [corporation] DEPARTMENT,
with the same force and effect, and such  [corporation]  DEPARTMENT  may
make  such  assignment  as though no statutory or specific title or name
had been used in this chapter to designate  the  particular  officer  or
employee  or  group  or  class thereof charged with the exercise of such
function or power, or the performance of such duty.
  S 67. Section 120 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S 120. Claims for damage generally. There shall be allowed and paid to
every  person  sustaining  damages  from the canals or from their use or
management, or resulting or arising from the neglect or conduct  of  any
officer  of  the  state  [or  the corporation] having charge thereof, or
resulting or arising  from  any  accident,  or  other  matter  or  thing
connected  with the canals, the amount of such damages to be ascertained
and determined by the proper action or proceedings before the  court  of
claims,  but no judgment shall be awarded by such court for such damages
in any case unless the facts provided therein  make  out  a  case  which
would  create  a legal liability against the state [or the corporation,]
were the same established in evidence in a court of justice  against  an
individual  or  corporation; but the [corporation] COMMISSIONER may make
settlement of any such claim in any case where the amount  thereof  does
not  exceed  the  sum of five hundred dollars but no settlement shall be
effective against the state [including the corporation] until  the  same
has  been approved by the attorney-general; provided that the provisions
of this section shall not extend to claims arising from damages  result-
ing  from  the  navigation  of  canals,  and  further  provided that the
provisions herein relating to damages resulting from navigation  of  the
canals  shall  control  notwithstanding  any  contrary  or  inconsistent
provisions of any other  law,  general  or  special.  The  [corporation]
COMMISSIONER  shall  not  pay  any damages awarded, or the amount of any
commutations agreed on for the appropriation of land or  water,  or  for
the  erection  of  a farm bridge, until a satisfactory abstract of title
and certificate of search as to encumbrances is furnished,  showing  the
person  demanding  such  damages  or commutations to be legally entitled
thereto, which abstract and search shall be filed in the [office of  the
corporation] DEPARTMENT.

S. 2608--C                         95

  S  68.  Section 121 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S  121.  Adjustment  of claims of owners of private dams. Whenever the
state [including the corporation] in the course of the  construction  of
the  improved  canals  in  the rivers or waterways of the state, for the
purpose of obtaining a sufficient depth or supply  of  water  for  canal
purposes,  has utilized private dams theretofore lawfully constructed or
maintained, in such a manner as to constitute the same an essential part
or portion of the improved canals, the  [corporation]  COMMISSIONER  may
compromise,  settle  and  adjust the claims and demands of the owners of
any such dams on such terms and conditions, including the payment to the
owners of any such dams of such sums of money as to [it] HIM OR HER  may
seem  just  and  proper,  and,  by  contract  or  otherwise, make proper
provision with respect to the ownership of and for the  maintenance  and
upkeep  of  any  such dams, provided, however, that [it] HE OR SHE shall
not sell, transfer or convey to any  such  owner  any  right,  title  or
interest  in or to the use of any part or portion of the water impounded
by such dams.
  S 69. Section 130 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  130.  Operation  of  hydro-electric  plants at Crescent and Vischer
Ferry. The [corporation] COMMISSIONER shall have charge of the  hydro-e-
lectric  plants  constructed pursuant to chapter five hundred thirty-two
of the laws of nineteen  hundred  twenty-two  for  the  development  and
generation  into  electric energy of water power available at the struc-
tures known as the Crescent and Vischer Ferry dams located on the canal-
ized Mohawk river between the city of Schenectady  and  the  village  of
Waterford,  and  shall  exercise the same powers over such structures as
[it] HE OR SHE has over other structures on the canal system.  The  said
structures  shall  be  maintained  and  operated  as a part of the canal
system.
  Notwithstanding any general  or  special  law  to  the  contrary,  the
[corporation]  COMMISSIONER, upon the approval of the state comptroller,
and the division of the budget, is authorized to enter into a negotiated
contract for the sale of surplus electricity produced  at  the  Crescent
and Vischer Ferry dams, upon such terms and conditions as are beneficial
to  the state [including the corporation]. Any revenue realized from the
sale of such surplus electricity shall be deposited into the canal fund.
  S 70. Section 131 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  131.  Emergency  repairs. When, in the opinion of the [corporation]
COMMISSIONER, an emergency  exists  endangering  the  canal  system  the
[corporation]  COMMISSIONER may seize any lands, equipment, materials or
supplies necessary to avert such damage or to restore the banks or other
property which may be threatened or have been damaged. [It] THE  COMMIS-
SIONER  may  subsequently  return  or  otherwise  dispose of such lands,
equipment, materials or supplies  so  seized  which  may  be  no  longer
required in such manner and upon such terms as in [its] HIS OR HER judg-
ment  will  be  for the best interest of the state [including the corpo-
ration]. [It] THE COMMISSIONER may enter  into  an  agreement  with  the
owner  or owners of any property seized for such emergency repairs under
this section covering the amount of damages sustained.  Such  agreement,
when approved by the attorney-general, shall become an obligation of the
[corporation]  DEPARTMENT  and  paid  from moneys available therefor. In
case no agreement is consummated, the amount of damages sustained may be
determined as provided in section one hundred twenty of this chapter.

S. 2608--C                         96

  S 71. Section 132 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  132.  Investigate matters relating to the canal system; immunity of
witnesses. 1. The [corporation] COMMISSIONER may, whenever  [the  corpo-
ration] HE OR SHE shall deem it necessary, to effectively accomplish the
purposes  of  this  chapter,  investigate  any or all matters and trans-
actions connected with or relating to  the  canal  system.  The  [corpo-
ration]  COMMISSIONER shall hear and take proofs in regard to any matter
pending before [it] HIM OR HER or which [it] HE OR SHE is authorized  to
examine or investigate. [It] THE COMMISSIONER shall have power to inves-
tigate  into the official conduct of any subordinate officer or employee
and shall have the power to issue subpoenas for and require the  attend-
ance of witnesses and the production of all books and papers relating to
any  matter  under inquiry. All such subpoenas shall be issued under the
hand and seal of the [corporation] COMMISSIONER. A subpoena issued under
this section shall be regulated by the civil practice law and rules. The
testimony of witnesses in any such proceedings shall be under  oath  and
the state officer instituting the proceedings shall have power to admin-
ister  oaths.  A  witness may have counsel and his OR HER examination by
such counsel shall be reduced in writing as part of his OR  HER  deposi-
tion.
  2.  In any investigation under this article, the [corporation] COMMIS-
SIONER may confer immunity in accordance with the provisions of  section
50.20 of the criminal procedure law.
  3.  All  evidence  taken  under  this  section shall be filed with the
attorney-general. The expenses incurred in such investigation  shall  be
paid from the canal fund.
  S  72.  Section 133 of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 133. Impose penalties and power to remit. The [corporation]  COMMIS-
SIONER  may, in [its] HIS OR HER discretion, remit either absolutely, or
on such conditions as [it] HE OR SHE  shall  prescribe,  any  forfeiture
incurred  by a violation of any provision of this chapter, or any of the
rules and regulations established by [it] HIM OR  HER,  on  the  written
petition  of the person liable for the forfeiture, with due proof of the
facts on which the application for the remission is founded, which peti-
tion and proof and the order thereon shall be filed and preserved in the
office of the department of audit and control.
  S 73. Section 134 of the canal law, as amended by chapter 335  of  the
laws of 2001, is amended to read as follows:
  S  134.  Actions  for penalties. All actions for penalties and forfei-
tures imposed in this chapter, or for damages, on behalf  of  the  state
[including  the  corporation,]  shall  be  prosecuted in the name of the
[corporation] COMMISSIONER OR DEPARTMENT, by the  [corporation]  DEPART-
MENT,  unless  otherwise specifically provided.   All money recovered in
such actions shall be accounted for and paid into the  canal  fund.  The
imposition  or recovery of any such penalty or forfeiture shall not be a
bar to recovery of any damages resulting to  the  [corporation]  COMMIS-
SIONER OR DEPARTMENT or any person, because of such violation.
  S  74. Paragraph a of subdivision 1 and subdivision 2 of section 138-a
of the canal law, paragraph a of subdivision 1 as amended by chapter 243
of the laws of 1993, and subdivision 2 as added by chapter  766  of  the
laws of 1992, are amended to read as follows:
  a.  the  [chairman of the authority, the] commissioner [of transporta-
tion], the commissioner of the office of parks, recreation and  historic

S. 2608--C                         97

preservation  and  the  commissioner  of  environmental conservation, or
their representatives;
  2.  The  chairperson  of  the commission shall be the [chairman of the
authority] COMMISSIONER.   The members of the  commission  may  elect  a
secretary and other necessary officers to serve for such a period as the
members shall decide.
  S 75. Section 138-b of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 138-b. Functions, powers and duties. The commission shall:
  1. Develop, maintain and periodically revise a statewide canal recrea-
tionway  plan  (hereinafter  referred  to  as  the "plan") for the canal
system. Such plan shall be developed in accordance with  the  provisions
of  section  one  hundred  thirty-eight-c  of  this article and shall be
submitted to the [authority] DEPARTMENT for its consideration  no  later
than the first day of June, nineteen hundred ninety-four.
  2.  Solicit  input  from  counties intersecting or bordering the canal
system and incorporate it to the  greatest  degree  practicable  in  the
development  of  the  plan.  In  order  to facilitate such incorporation
commission members representing each of  the  regional  planning  boards
shall  request  from and provide assistance to each county it represents
in the preparation of a county canal plan. Multi-county canal plans  may
be  requested  by  the regional planning board representative, as deemed
appropriate, in lieu of individual county canal plans. In a region where
a regional planning board does not exist, the commission  shall  solicit
county  canal  plans  from each of the chief executive officers of those
counties outside the jurisdiction of  a  regional  planning  board.  The
commission  shall  prescribe uniform guidelines concerning the format of
plans to be used by  the  regional  planning  board  representatives  to
assist  counties  in the preparation of county canal plans. The regional
planning board representative shall encourage the development of  county
canal  plans  that  reflect  participation by diverse local interests by
seeking advice, to the extent possible, from individuals  and  organiza-
tions  from  such  counties  with an interest in recreation, hunting and
fishing, the environment, canal  related  tourism  businesses,  historic
preservation  and commercial development along the canal. In order to be
considered in the formulation of the plan, county canal  plans  must  be
submitted  to the commission not later than the first day of June, nine-
teen hundred ninety-three.
  3. Ensure public comment on the plan, including at least three  public
hearings  on the plan prior to submission of the plan to the [authority]
DEPARTMENT.  The commission may also hold hearings on other  matters  it
deems appropriate.
  4. If deemed appropriate, request that studies, surveys or analyses be
performed  by  the  [corporation,  the]  departments  of transportation,
economic development and environmental conservation and/or the office of
parks, recreation and historic preservation to assist  in  the  develop-
ment,  promotion,  marketing  and/or preservation of the canal system or
the preparation of the plan. At the request  of  the  commission,  state
agencies  and public authorities shall cooperate fully and shall provide
requested information in a timely manner.
  5. Advise and assist the [corporation] DEPARTMENT in carrying out  its
duties and obligations related to the canal in the following manner:
  a.  evaluate and make recommendations for new operational, maintenance
and capital initiatives or projects to enhance the canal;
  b. establish criteria and procedures for the review by the  commission
for  consistency  with  the  canal recreationway plan of abandonments of

S. 2608--C                         98

canal lands, canal terminals and canal terminal  lands,  and  leases  of
canal  lands,  canal terminals, and canal terminal lands proposed by the
[corporation] COMMISSIONER pursuant to article six-A  of  this  chapter;
provided,  however,  that  where local zoning laws and zoning ordinances
are in effect on lands proposed to be leased or  on  lands  adjacent  to
those  lands  proposed  to  be  leased such review shall include, to the
extent practicable, the consideration of the compatibility of such leas-
es with the requirements of such local  zoning  laws  and  zoning  ordi-
nances;  and  provided  further  that  the commission may determine that
certain categories of leases do not require review;
  c. submit to the [corporation] COMMISSIONER, the director of the budg-
et and the chairpersons of the senate finance committee and the assembly
ways and means committee, on the first day of October, nineteen  hundred
ninety-two, and on or before the first day of August in each year there-
after,  a  budget  request  for  the  operations of the commission. Such
request shall include provisions for staff services and  other  adminis-
trative  assistance as deemed necessary by the commission to perform its
functions and meet its responsibilities during the next  calendar  year.
The [corporation] DEPARTMENT shall provide staff services to the commis-
sion  and  such  other administrative assistance as may be necessary for
the commission to carry out its functions, powers and duties;
  d. submit to the [corporation] COMMISSIONER, the director of the budg-
et and the chairpersons of the senate finance committee and the assembly
ways and means committee, on the first day of October, nineteen  hundred
ninety-two, and on or before the first day of August in each year there-
after,  a budget request for the expenditure of funds available from the
canal fund, for the purposes established by section ninety-two-u of  the
state  finance law. Submissions made during the initial years shall give
funding priority for expenditures  related  to  the  development  and/or
promotion of the canal system;
  e.  undertake  a comprehensive study of alternative waterway and canal
toll and fee structures, including but not  limited  to,  a  comparative
analysis  of  other  existing  waterway and canal systems, the impact of
various toll and  fee  structures  on  recreational  use,  tourism,  and
commercial  activity;  and  the  revenue  implications for each of these
alternatives. The commission shall make recommendations to the [authori-
ty] COMMISSIONER by the first day of  April,  nineteen  hundred  ninety-
three,  on  appropriate  tolls and fees to be charged for the use of the
canal system and shall provide an update on the implementation  of  such
recommendations by the first day of April, nineteen hundred ninety-five;
and
  f.  utilize  information  provided  by  the [authority] DEPARTMENT and
other state agencies and departments, pursuant to section  ten  of  this
chapter,  surveying  canal lands within the Adirondack park and studying
current land uses, to make recommendations to the  authority,  no  later
than the first day of June, nineteen hundred ninety-four, concerning the
future  use of canal lands within the Adirondack park, including but not
limited to  the  utilization  of  existing  properties  under  revocable
permits;  and  the  identification  of any property not needed for canal
purposes that may be transferred  to  the  department  of  environmental
conservation.
  6. Establish committees as it deems appropriate on matters relating to
the  commission's functions, powers and duties; such committees shall be
chaired by a commission member but may include persons  not  members  of
the  commission who provide expertise of interest specific to the charge
of such committee.

S. 2608--C                         99

  a. the commission shall  create  a  temporary  committee  which  shall
include  the  commissioner of the department of economic development and
the commissioner of the office of parks, recreation and historic preser-
vation or their representatives and others with appropriate expertise to
identify  opportunities for achieving the economic development potential
of the recreationway and to make recommendations for specific  implemen-
tation  of  these opportunities, including recommendations for marketing
and promotion designed to attract tourists.
  b. the commission  shall  create  a  temporary  committee,  which  may
include  appropriately accredited professionals, to assess and report to
the [authority] COMMISSIONER on  issues  associated  with  managing  the
waters  of  the  canal system, including issues relating to recreational
use, habitats and flood prone areas.
  7. Report on or before March  thirty-first  of  each  year  commencing
nineteen  hundred  ninety-four  to  the  [corporation] COMMISSIONER, the
governor, the temporary president of the senate and the speaker  of  the
assembly  on  the activities of the commission with respect to the func-
tions, powers and duties established in this section.
  S 76. Section 138-c of the canal law, as amended by chapter 335 of the
laws of 2001, is amended to read as follows:
  S 138-c. Canal recreationway plan. 1. The commission shall, in accord-
ance with the provisions of section one hundred thirty-eight-b  of  this
article,  formulate  a  statewide canal recreationway plan for the canal
system that is based upon the inventory prepared pursuant to subdivision
twenty-three of section ten of this chapter and that is consistent  with
the  land  use  concepts  contained  in  the state land acquisition plan
prepared pursuant to section 49-0207 of the  environmental  conservation
law  and in the statewide comprehensive outdoor recreation plan prepared
pursuant to section 3.15 of the parks, recreation and historic preserva-
tion law. The plan shall include, but not be limited to:
  a. criteria for uses of the canal system  which  will  effectuate  the
goal and objective of developing the canal into a recreationway system;
  b.  provisions  for fostering a canal system characterized by clusters
of development connected by stretches of undeveloped open space in areas
between cities, villages and hamlets which  will  be  conducive  to  the
preservation of waterfowl, fish and wildlife habitats;
  c.  provisions  for  the  consideration  of  environmental  resources,
including lands which  possess  significance  for  wildlife  management,
recreation  or  natural  resource  protection  purposes  and significant
freshwater wetlands;
  d. provisions which protect the public  interest  in  such  lands  and
waters  for purposes of commerce, navigation, fishing, hunting, bathing,
recreation and access to the lands and waters of the state,  and  other-
wise  encourage  increased public access to the canal through the estab-
lishment of parks, scenic by ways and recreational trails on  the  canal
system. Such provisions shall ensure the public safety;
  e. provisions to protect agricultural uses of canal land and waters;
  f. provisions for appropriate development of businesses in appropriate
locations which will support outdoor recreation activities;
  g.  provisions  which give guidance to the [authority] DEPARTMENT with
respect to managing water levels in reservoirs to provide water  to  the
canal system and retain water for recreational purposes;
  h.  provisions  to  protect commercial shipping interests on the canal
system; and
  i. provisions for the consideration of historic buildings,  sites  and
districts.

S. 2608--C                         100

  2.  The  plan  shall  establish  goals  and objectives with respect to
implementation, with provision for amendment  of  the  plan  to  reflect
changing conditions.
  3. a. The [corporation] COMMISSIONER shall act upon the plan submitted
by  the  commission  within  four  months after its submission and shall
approve such plan unless [it] HE OR SHE finds that the plan, or any part
thereof: (i) is not financially or operationally  feasible;  (ii)  would
violate  any  federal  or  state law, rule or regulation; (iii) violates
agreements with noteholders or  bondholders  [of  the  authority];  (iv)
interferes  with  existing  contracts;  or  (v) is inconsistent with the
findings of the generic environmental impact statement undertaken pursu-
ant to section three hundred eighty-two of the public authorities law.
  b. In the event that the [corporation]  COMMISSIONER  finds  that  the
plan cannot be approved in its entirety, [it] HE OR SHE may approve such
portions  of  the  plan  as  [it] HE OR SHE deems appropriate, and shall
recommend changes to the remaining portions of the plan to  the  commis-
sion.  The  commission shall then have three months in which to consider
the recommendations of  the  [corporation]  COMMISSIONER  and  submit  a
revised plan or portions thereof to the [corporation] COMMISSIONER.
  c.  Upon the approval of the plan or a portion of the plan as provided
in this section, the [corporation] COMMISSIONER shall deliver within ten
days a copy of the plan or portion of the  plan  to  the  governor,  the
temporary  president of the senate and the speaker of the assembly, with
a dated notice of such approval.
  S 77. Paragraph (i) of subdivision 1 of section 19 of the public offi-
cers law, as added by chapter 115 of the laws of  2000,  is  amended  to
read as follows:
  (i)  For  purposes  of this section, the term "employee" shall include
directors, officers and employees of  the  thruway  authority  [and  its
subsidiary,  the canal corporation]. In those cases where the definition
of the term "employee" provided in this  paragraph  is  applicable,  the
term  "state",  as utilized in subdivisions two, three, and four of this
section, shall mean the thruway authority when the employee is a  direc-
tor,  officer, or employee of the thruway authority[, or its subsidiary,
the canal corporation, when the employee  is  a  director,  officer,  or
employee of the canal corporation].
  S  78.  The  opening  paragraph  of subdivision 1 and subdivision 2 of
section 209-a of the state finance law, as amended by chapter 138 of the
laws of 1997, are amended to read as follows:
  Notwithstanding any other law, rule or  regulation  to  the  contrary,
where,  and  to  the extent that, an agreement between the state [or the
New York state canal corporation] and an employee  organization  entered
into  pursuant to article fourteen of the civil service law on behalf of
employees in a collective negotiating unit established pursuant to arti-
cle fourteen of the civil service law provides  for  the  payment  of  a
supplement  to the workers' compensation award, such supplement shall be
paid in accordance with such agreement. Officers and  employees  serving
in  positions in the executive branch which are designated managerial or
confidential pursuant to article fourteen  of  the  civil  service  law,
civilian  state  employees of the division of military and naval affairs
of the executive department whose positions are not in, or are  excluded
from  representation  rights  in any recognized or certified negotiating
unit, those excluded from representation rights under  article  fourteen
of the civil service law pursuant to rules and regulations of the public
employment relations board and officers and employees of the legislature
shall  receive a supplement to the workers' compensation award provided,

S. 2608--C                         101

however, that officers and employees serving in positions in the  execu-
tive  branch which are designated managerial or confidential pursuant to
article fourteen of the civil service law, civilian state  employees  of
the  division  of military and naval affairs of the executive department
whose positions are not in, or are excluded from  representation  rights
in  any recognized or certified negotiating unit and those excluded from
representation rights under article fourteen of the  civil  service  law
pursuant  to  rules  and  regulations of the public employment relations
board shall receive such supplement only  with  respect  to  an  absence
resulting  from an occupational injury or disease occurring on or before
June thirtieth, nineteen hundred ninety-two. Such  supplement  shall  be
paid  in  accordance with rules and regulations to be promulgated by the
president of the civil service commission.
  2. Notwithstanding any other law, rule or regulation to the  contrary,
where,  and  to  the extent that, an agreement between the state [or the
New York state canal corporation] and an employee  organization  entered
into  pursuant to article fourteen of the civil service law on behalf of
employees in a collective negotiating unit established pursuant to arti-
cle fourteen of the civil service law so provides, an employee placed on
an authorized leave without pay during the course of an absence  result-
ing  from  an  occupational injury or disease found to be compensable by
the workers' compensation board shall be deemed to be on the payroll  at
such  employee's  prevailing rate of annual compensation for the purpose
of retirement  credit  and  employer  contributions  to  the  retirement
system.  Officers  and  employees  serving in positions in the executive
branch which are designated managerial or confidential pursuant to arti-
cle fourteen of the civil service law, civilian state employees  of  the
division of military and naval affairs of the executive department whose
positions  are not in, or are excluded from representation rights in any
recognized or certified negotiating unit and those excluded from  repre-
sentation  rights under article fourteen of the civil service law pursu-
ant to rules and regulations of the public  employment  relations  board
who  are  placed on an authorized leave without pay during the course of
an absence resulting from an occupational injury or disease found to  be
compensable  by  the  workers'  compensation board occurring on or after
July first, nineteen hundred ninety-two, shall be deemed to  be  on  the
payroll  at such officer's or employee's prevailing rate of compensation
for the purpose of retirement credit and employer contributions  to  the
retirement  system. Any employee contribution relating to the retirement
credit provided by this subdivision  shall  be  paid  directly  by  such
employee  to the retirement system pursuant to the rules and regulations
of the comptroller. The retirement credit provided by  this  subdivision
shall  only  apply to a period of authorized leave without pay occurring
during the first twelve months of absence related to  such  occupational
injury or disease.
  S  79.  Section 30 of the navigation law, as amended by chapter 486 of
the laws of 2003, is amended to read as follows:
  S 30. Navigation,  jurisdiction  over.  The  commissioner  shall  have
jurisdiction  over  navigation on the navigable waters of the state and,
except as otherwise provided, shall enforce the provisions of this chap-
ter and the regulations established thereunder. As a guide to the inter-
pretation and application of this  article,  nothing  authorized  [here-
under] IN THIS SECTION shall be construed to convey any property rights,
either  in  real  estate  or  material,  or any exclusive privilege; nor
authorize any injury to private property or invasion of  private  rights
or  any infringement of federal, state or local laws or regulations, but

S. 2608--C                         102

shall express the assent of the state so far as it concerns  the  public
rights  of  navigation.  Nothing  contained  in  this  section  shall be
construed to limit, impair or affect the general powers  and  duties  of
the  [canal corporation] COMMISSIONER OF TRANSPORTATION OR DEPARTMENT OF
TRANSPORTATION relating to canals as set forth in  section  ten  of  the
canal law.
  S  80.  Subdivision 2 of section 45-cc of the navigation law, as added
by chapter 486 of the laws of 2003, is amended to read as follows:
  2. Notwithstanding any other provisions of this chapter or any  incon-
sistent  local  laws,  no  vessel shall be operated on such canal system
within one hundred feet of the shore, a dock, pier, raft,  float  or  an
anchored  or  moored  vessel  at  a speed exceeding five miles per hour,
unless such vessel is being operated near such shore, dock, float, pier,
raft, or anchored vessel for the purpose of enabling a person engaged in
water skiing to take off or land, and except in those  areas  where  the
[canal  corporation]  COMMISSIONER  OF  TRANSPORTATION has established a
different speed by rule and regulation pursuant  to  the  canal  law.  A
violation  of  this  subdivision or any applicable rules and regulations
shall be a violation punishable as set forth in section  seventy-three-c
of this article.
  S 81. Article 21 of the transportation law is REPEALED.
  S  82.  Paragraph  2 of subdivision (a) of section 168 of the economic
development law, as amended by chapter  33  of  the  laws  of  2006,  is
amended to read as follows:
  (2)  the  chairman  or his or her designated representative of the New
York state thruway authority, the New  York  power  authority,  and  the
tourism  advisory  council, the New York state council on the arts, [the
canal corporation,] the  canal  recreationway  commission,  the  Olympic
regional development authority, and the Hudson River park trust;
  S  83.  Subdivision 1 of section 9-1705 of the environmental conserva-
tion law, as added by chapter 674 of the laws of  2007,  is  amended  to
read as follows:
  1.  There is hereby established the New York invasive species council.
Such council shall consist of a total of [nine] EIGHT members and  shall
include  the commissioner, the commissioners of agriculture and markets,
transportation, parks, recreation and historic preservation,  education,
the  secretary  of  state, the chairperson of the New York state thruway
authority, [the director of the New York state canal  corporation,]  and
the  chairperson  of  the  Adirondack Park agency, or a designee of such
department, agency or public authority.
  S 84. Subdivision 1 of section 73-0105 of the environmental  conserva-
tion  law,  as amended by chapter 336 of the laws of 2008, is amended to
read as follows:
  1. The task force shall consist of [fourteen] THIRTEEN members; [nine]
EIGHT of whom shall be the [director of the canal corporation,]  commis-
sioner of the department of environmental conservation, the secretary of
state,  the  commissioner  of  transportation, the director of the state
emergency management office, the commissioner of parks,  recreation  and
historic  preservation, the commissioner of agriculture and markets, the
chairman of the power authority of the state of New York and the commis-
sioner of economic development or designee; and five additional  members
who  shall be from outside the public offices listed in this section and
who shall have professional experience in the fields of hydrology, civil
engineering,  climatology,  emergency  management  and  soil  and  water
conservation.  The  governor  shall appoint three of the five additional

S. 2608--C                         103

members and the temporary president of the senate  and  speaker  of  the
assembly shall each appoint one of each of the five additional members.
  S  85. Subdivision 3 of section 73-0107 of the environmental conserva-
tion law, as added by chapter 456 of the laws of  2007,  is  amended  to
read as follows:
  3.  The department and the [canal corporation] DEPARTMENT OF TRANSPOR-
TATION shall provide the task force with such facilities, assistance and
data as will enable the task force to carry out its powers  and  duties.
Additionally,  all  other  agencies of the state or subdivisions thereof
shall, at the request of the chair provide  the  task  force  with  such
facilities,  assistance, and data as will enable the task force to carry
out its powers and duties.
  S 86. Subdivision 1 of section 37.05  of  the  parks,  recreation  and
historic preservation law, as amended by chapter 64 of the laws of 2000,
is amended to read as follows:
  1.  The  Mohawk  Valley  heritage corridor commission is hereby estab-
lished to be a body corporate and politic constituting a public  benefit
corporation  and  to consist of up to seventeen voting members who shall
reside within the heritage corridor. One member each shall be  appointed
by the chief elected official from each of the counties of Albany, Sche-
nectady,  Montgomery,  Schoharie, Herkimer, Fulton, Saratoga and Oneida.
The legislative body of each city, town and village in such counties may
recommend prospective appointees to its respective county.  The  Capital
District  Regional  Planning Commission and the Oneida/Herkimer Counties
Comprehensive Planning Program each may designate  a  representative  to
participate  as non-voting members of the commission. The remaining nine
members shall be appointed as follows: two members shall be appointed by
the temporary president of the senate; two members shall be appointed by
the speaker of the assembly; one member shall be appointed by the minor-
ity leader of the senate; one member shall be appointed by the  minority
leader  of  the assembly; three members shall be appointed by the gover-
nor, at least one of whom shall be the chief elected official of a city,
town or village located in whole or in part  within  the  Mohawk  Valley
area.  The  commission may increase the number of its members by one, to
reach a total of eighteen members, to provide for  representation  of  a
Native  American  Indian nation with federal and/or state legal recogni-
tion who resides in the  Mohawk  Valley.  All  persons  responsible  for
appointing  members of the commission shall be mindful of the importance
of assuring adequate representation on the commission of  the  interests
of  various  municipal  entities,  conservationists, business owners and
operators, tourism promotion agencies, persons engaged  in  agricultural
pursuits,  minorities  and educators, and persons having an interest and
experience with at least one of the four heritage area goals of  preser-
vation,  recreation,  education,  and economic development.  The commis-
sioner, the commissioner of economic development,  the  commissioner  of
agriculture and markets, the commissioner of environmental conservation,
THE  COMMISSIONER  OF TRANSPORTATION, the chairman of the New York state
thruway authority [and canal corporation] and other members of  the  New
York  state  heritage  areas advisory council, or their representatives,
and the mayors, supervisors or other chief elected officer of any  city,
town,  or village located in whole or part in the Mohawk Valley area may
participate in commission  meetings  as  non-voting  members  and  shall
receive notice of all commission meetings. Appointment to the commission
shall be filed with the commissioner who shall convene the first meeting
of  the  commission following the commissioner's approval of the manage-
ment plan and the filing of a majority of the appointments.

S. 2608--C                         104

  S 87. Paragraph 1 of subdivision j of section 41 of the retirement and
social security law, as amended by chapter 18 of the laws  of  2012,  is
amended to read as follows:
  1. In addition to any other service credit to which he or she is enti-
tled,  a  member  who meets the requirements set forth in paragraphs two
and three of this subdivision shall be granted  one  day  of  additional
service credit for each day of accumulated unused sick leave which he or
she has at time of retirement for service, but such credit shall not (a)
exceed  one  hundred  sixty-five  days, (b) be considered in meeting any
service or age requirements prescribed  in  this  chapter,  and  (c)  be
considered  in computing final average salary. However, for an executive
branch member designated managerial or confidential pursuant to  article
fourteen of the civil service law or in the collective negotiating units
established  by article fourteen of the civil service law designated the
professional, scientific and technical services  unit,  the  rent  regu-
lation  services  negotiating  unit,  the  security services negotiating
unit, the security supervisors negotiating unit,  the  state  university
professional  services  negotiating  unit,  the  administrative services
negotiating unit, the institutional services negotiating unit, the oper-
ational services negotiating unit and the division of military and naval
affairs negotiating unit such  service  credit  limitation  provided  in
subparagraph  (a)  of  this paragraph shall not exceed two hundred days.
For a nonjudicial officer or employee of the unified court system not in
a collective negotiating unit or in a collective negotiating unit speci-
fied in section one of chapter two hundred three  of  the  laws  of  two
thousand  four, for employees of the New York state dormitory authority,
for employees of the New York state thruway  authority,  [the  New  York
state  canal corporation] and the state university construction fund and
for employees of the New York liquidation  bureau  such  service  credit
limitation  provided  in  subparagraph  (a)  of this paragraph shall not
exceed two hundred days. For members  who  first  become  members  of  a
public retirement system of the state on or after April first, two thou-
sand twelve, such credit shall not exceed one hundred days.
  S  88. Subdivisions 10 and 12 of section 351 of the public authorities
law, subdivision 10 as added by chapter 766 of  the  laws  of  1992  and
subdivision  12  as  amended  by  chapter  583  of the laws of 1993, are
amended to read as follows:
  10. The term "New York state canal  system"  shall  mean  all  of  the
canals,  canal  lands, feeder canals, reservoirs, canal terminals, canal
terminal lands and other property under the jurisdiction of the [author-
ity] DEPARTMENT OF TRANSPORTATION pursuant to article one-A of the canal
law.
  12. The term "thruway system" shall mean: (a) the thruway; AND (b) the
[New York state canal system; and (c) the] Tappan Zee ferry service.
  S 89. Subdivision 13 of section 351 of the public authorities  law  is
REPEALED.
  S  90. Subdivision 10 of section 354 of the public authorities law, as
amended by chapter 766 of the laws  of  1992,  is  amended  to  read  as
follows:
  10.  To  construct,  reconstruct  or  improve  on or along the thruway
system in the  manner  herein  provided,  suitable  facilities  for  gas
stations,  restaurants, and other facilities for the public, or to lease
the right to construct, reconstruct or improve and operate such  facili-
ties;  such  facilities shall be publicly offered for leasing for opera-
tion, or the right to construct, reconstruct or improve and operate such
facilities shall be publicly offered under rules and regulations  to  be

S. 2608--C                         105

established  by the authority, provided, however, that lessees operating
such facilities at the time this act becomes effective, may  reconstruct
or  improve  them  or  may  construct additional like facilities, in the
manner  and upon such terms and conditions as the board shall determine;
and provided further, however, that such facilities constructed,  recon-
structed  or  improved  on or along the canal system shall be consistent
with the canal recreationway  plan  approved  pursuant  to  section  one
hundred  thirty-eight-c  of  the  canal  law  [and section three hundred
eighty-two of this title];
  S 91. Section 355 of the public authorities law, as amended by chapter
138 of the laws of 1997, is amended to read as follows:
  S 355. Officers and employees; transfer, promotion and  seniority.  1.
Officers  and  employees  of  state  departments[,] OR agencies[, or the
canal corporation] may be transferred to  the  authority  and  officers,
agents  and  employees  of  the  authority  may  be transferred to state
departments[,] OR agencies[, or the canal corporation,] without examina-
tion and without loss of any civil service status  or  rights.  No  such
transfer  from the authority [or canal corporation] to any state depart-
ment, agency, or division may, however, be made except with the approval
of the head of the state department, agency, or  division  involved  and
the  director  of  the budget and in compliance with the rules and regu-
lations of the state civil service commission.
  2. Promotions from positions in  state  departments  and  agencies  to
positions  in  the authority [or canal corporation], and vice versa, may
be made from interdepartmental promotion lists resulting from  promotion
examinations  in  which  employees  of  the authority[, employees of the
canal corporation,] and employees of the state are eligible  to  partic-
ipate.
  3. In computing seniority for purposes of promotion or for purposes of
suspension or demotion upon the abolition of positions in the service of
the authority or in the service of the state, in the case of an employee
of  the  authority  a  period  of prior employment in the service of the
state shall be counted in the same  manner  as  though  such  period  of
employment  had been in the service of the authority, and in the case of
an employee of the state a period of prior employment in the service  of
the  authority shall be counted in the same manner as though such period
of employment had been in the service of the state. For the purposes  of
the  establishment  and  certification  of  preferred  lists,  employees
suspended from the authority shall be eligible for reinstatement in  the
service  of  the  state, and employees suspended from the service of the
state shall be eligible for reinstatement in the service of the authori-
ty, in the same manner as though the authority were a department of  the
state.  [All provisions contained within this subdivision shall apply to
the canal corporation in the same manner that they apply to the authori-
ty.]
  S 92. Section 357 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S  357. Right of authority to use state property; payment for improve-
ments.  On  assuming  jurisdiction  of  a  thruway  highway  section  or
connection  or  any part thereof, or of a highway connection, [or of the
New York state canal system,] the authority  shall  have  the  right  to
possess  and  use  for  its  corporate purposes so long as its corporate
existence shall continue, any real property and rights in real  property
theretofore  acquired  by  the state, including all improvements thereon
[and state canal lands and properties; provided  that  the  use  by  the

S. 2608--C                         106

authority  of  canal lands and properties for highway purposes shall not
interfere with the use thereof for canal purposes].
  S  93.  Subdivision 1 of section 359 of the public authorities law, as
amended by chapter 766 of the laws  of  1992,  is  amended  to  read  as
follows:
  1.  On assuming jurisdiction of a thruway section or connection or any
part thereof, or of a highway connection, [or  of  the  New  York  state
canal system,] the authority shall proceed with the construction, recon-
struction  or  improvement thereof. All such work shall be done pursuant
to a contract or contracts which shall be let to the lowest  responsible
bidder,  by sealed proposals publicly opened, after public advertisement
and upon such terms and  conditions  as  the  authority  shall  require;
provided,  however,  that the authority may reject any and all proposals
and may advertise for new proposals, as herein provided, if in its opin-
ion, the best interests of  the  authority  will  thereby  be  promoted;
provided  further, however, that at the request of the authority, all or
any portion of such work, together with any engineering required by  the
authority in connection therewith, shall be performed by the commission-
er  and  his  OR HER subordinates in the department of transportation as
agents for, and at the expense of, the authority.
  S 94. Section 359-a of the public authorities law, as added by chapter
140 of the laws of 2002, is amended to read as follows:
  S 359-a. Procurement contracts. For the purposes  of  section  twenty-
eight  hundred  seventy-nine of this chapter as applied to the authority
[or the canal corporation], the term "procurement contract"  shall  mean
any  written  agreement  for the acquisition of goods or services of any
kind by the authority [or the canal corporation] in the actual or  esti-
mated amount of fifteen thousand dollars or more.
  S 95. Section 360 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows;
  S  360.  Operation  and  maintenance. Operation and maintenance by the
authority of any thruway section or connection or any part thereof or of
a highway connection[, the New York state canal system] of which it  has
assumed  jurisdiction  shall  be  performed  (a) by the use of authority
forces and equipment at the expense of the authority or by agreement  at
the  expense of the state or other parties; (b) by contract with munici-
palities or independent contractors; (c) at the request of the  authori-
ty, by the commissioner and his OR HER subordinates in the department of
transportation  as  agents  for, and at the expense of the authority, or
(d) by a combination of such methods.
  S 96. Section 362 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S 362. Assistance by state officers,  departments,  boards,  divisions
and  commissions. At the request of the authority, engineering and legal
services for such authority shall be performed by forces or officers  of
the department of transportation and the department of law respectively,
and all other state officers, departments, boards, divisions and commis-
sions  shall  render  services within their respective functions. At the
request of the authority, services in connection with the collection  of
any  charges  or  fees  for  the use of the thruway[, the New York state
canal system] or any part thereof may be performed by the department  of
motor vehicles.
  S  97.  Paragraph  (a)  of  subdivision 1 of section 365 of the public
authorities law, as amended by chapter 766  of  the  laws  of  1992,  is
amended to read as follows:

S. 2608--C                         107

  (a)  Subject  to  the provisions of section three hundred sixty-six of
this title, the authority shall have the power and is hereby  authorized
from  time to time to issue its negotiable notes and bonds in conformity
with applicable provisions of the uniform commercial code in such  prin-
cipal  amount as, in the opinion of the authority, shall be necessary to
provide sufficient moneys for achieving the corporate purposes  thereof,
including  construction,  reconstruction  and improvement of the thruway
sections and connections, and highway connections herein described, [the
New York state canal system subject to the provisions of  section  three
hundred  eighty-three  of this title,] together with suitable facilities
and appurtenances, the payment of all indebtedness  to  the  state,  the
cost of acquisition of all real property, the expense of maintenance and
operation,  interest  on  notes  and bonds during construction and for a
reasonable period thereafter, establishment of reserves to secure  notes
or  bonds,  and  all other expenditures of the authority incident to and
necessary or convenient to carry out its corporate purposes and powers.
  S 98. Paragraph (i) of subdivision 3 of  section  365  of  the  public
authorities  law,  as  amended  by  chapter  766 of the laws of 1992, is
amended to read as follows:
  (i) the acquisition of jurisdiction over, and of property  for,  thru-
ways[,  the  New  York state canal system,] and the construction, recon-
struction, improvement, maintenance or operation thereof;
  S 99. Sections 382 and 383 of the public authorities law are REPEALED.
  S 100. Paragraph e of subdivision 6 of  section  2897  of  the  public
authorities law is REPEALED.
  S  101. Subdivisions 2 and 5 of section 92-u of the state finance law,
subdivision 2 as added by chapter 766 of the laws of 1992  and  subdivi-
sion  5  as  amended  by chapter 483 of the laws of 1996, are amended to
read as follows:
  2. Such fund shall consist of all revenues received from the operation
of the New York state canal system as defined in section [three  hundred
fifty-one  of  the  public authorities law and section] two of the canal
law, including payments on leases for use of canal lands, terminals  and
terminal  lands,  tolls  received  for  lock  and  lift  bridge passage,
payments for hydroelectric easements and sales, for  purchase  of  other
abandoned  canal  lands,  payments for any permits and leases for use of
the water and lands of the system and payments for use of dry docks  and
other  moneys  made  available  to the fund from any other source [other
than a grant, loan or other inter-corporate transfer of funds of the New
York state thruway authority], and any income earned by, or  incremental
to,  the  fund due to investment thereof, or any repayment of any moneys
advanced by the fund.
  5. Moneys of the fund, following  appropriation  by  the  legislature,
shall  be available to the [New York state thruway authority] DEPARTMENT
OF TRANSPORTATION and shall be expended by such [authority or subsidiary
corporation thereof] DEPARTMENT only for the maintenance,  construction,
reconstruction,  development or promotion of the canal system; provided,
however, that in the initial years, expenditures of moneys of  the  fund
for  the  development  and/or  promotion  of  the  canal system shall be
accorded a priority by the [authority or subsidiary corporation thereof]
DEPARTMENT.   In addition, moneys of  the  fund  may  be  used  for  the
purposes  of  interpretive signage and promotion for appropriate histor-
ically significant Erie canal lands and related sites.  Moneys shall  be
paid  out of the fund by the state comptroller on certificates issued by
the director of the budget.

S. 2608--C                         108

  S 102. Subdivision 1 of section 373 of the public authorities law,  as
amended  by  chapter  776  of  the  laws  of 1951, is amended to read as
follows:
  1.  The  state  does  pledge  to  and agree with the holders of notes,
bonds, or other obligations of the authority not guaranteed by the state
that the state will not limit or alter the rights hereby vested  in  the
authority to establish and collect such fees, rentals and charges as may
be  convenient  or  necessary  to produce sufficient revenue to meet the
expense of maintenance and operation and to fulfill  the  terms  of  any
agreements  made  with  the  holders  thereof,  or in any way impair the
rights and remedies of such holders until such notes, bonds,  and  other
obligations,  together  with  the interest thereon, with interest on any
unpaid  installments  of  interest,  and  all  costs  and  expenses   in
connection  with any action or proceedings by or on behalf of such hold-
ers, are fully met and discharged; PROVIDED, HOWEVER, THAT IF ANY  TOLL,
FEE,  CHARGE OR ANY COMBINATION THEREOF IMPOSED ON A VEHICLE FOR THE USE
OF THE THRUWAY, EXCLUDING ANY TOLLS, FEES, OR CHARGES FOR THE USE  OF  A
BRIDGE  OR  SET OF BRIDGES, EXCEEDS THE TOLL, FEE, CHARGE OR COMBINATION
THEREOF THAT SUCH VEHICLE WOULD HAVE BEEN SUBJECT TO ON THE FIRST DAY OF
JANUARY, TWO THOUSAND TWELVE DIVIDED  BY  THE  NATIONAL  CONSUMER  PRICE
INDEX  DETERMINED  BY THE UNITED STATES DEPARTMENT OF LABOR FOR JANUARY,
TWO THOUSAND TWELVE AND MULTIPLIED BY THE NATIONAL CONSUMER PRICE  INDEX
DETERMINED  BY THE UNITED STATES DEPARTMENT OF LABOR FOR THE MOST RECENT
MONTH PUBLISHED, THEN THE ENTIRE AMOUNT THAT THE TOLL,  FEE,  CHARGE  OR
COMBINATION  THEREOF EXCEEDS THE AMOUNT THAT THE VEHICLE WOULD HAVE BEEN
SUBJECT TO ON THE FIRST DAY OF JANUARY, TWO THOUSAND  THIRTEEN  MUST  BE
PLACED  IN  A  SEPARATE FUND IN ACCORDANCE WITH SUCH REQUIREMENTS AS THE
STATE COMPTROLLER MAY PRESCRIBE.  THE AUTHORITY SHALL USE SUCH FUNDS AND
ANY INTEREST EARNED THEREON TO PAY INSTALLMENTS ON NOTES, BONDS OR OTHER
OBLIGATIONS DUE BEFORE THE END  OF  THE  CURRENT  CALENDAR  YEAR  OR  TO
PURCHASE  NOTES,  BONDS  OR OTHER OBLIGATIONS OF THE AUTHORITY ISSUED AT
LEAST TWO YEARS PRIOR AND NOT GUARANTEED BY THE STATE, WHICH SHALL THER-
EUPON BE CANCELLED, AT A PRICE NOT EXCEEDING (A) IF THE NOTES  OR  BONDS
ARE  THEN  REDEEMABLE, THE REDEMPTION PRICE THEN APPLICABLE PLUS ACCRUED
INTEREST TO THE NEXT INTEREST PAYMENT DATE THEREON, OR (B) IF THE  NOTES
OR BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE APPLICABLE ON THE
FIRST  DATE  AFTER  SUCH  PURCHASE  UPON WHICH THE NOTES OR BONDS BECOME
SUBJECT TO REDEMPTION PLUS ACCRUED INTEREST TO SAID DATE. THE  AUTHORITY
SHALL  MAKE  A GOOD FAITH EFFORT TO EXHAUST SUCH FUND BY THE LAST DAY OF
DECEMBER EACH YEAR.
  S 103. (a) Notwithstanding any other provision of law to the contrary,
all employees of the New York state canal  corporation,  as  constituted
pursuant  to chapter 766 of the laws of 1992, as a subsidiary of the New
York state thruway authority, and such other employees  of  the  thruway
authority  as may be mutually agreed to by the chairman of the authority
and the commissioner of  transportation  shall  be  transferred  to  the
department  of  transportation. Employees so transferred shall be trans-
ferred without further examination or  qualification  and  shall  retain
their  respective  civil service classification status. In addition, the
New York state canal corporation as constituted pursuant to chapter  766
of  the  laws  of  1992  as  a  subsidiary of the New York state thruway
authority shall, for a period of two years following the effective  date
of  this  act,  be considered the former agency of such employees trans-
ferred pursuant to this section for the purposes  of  subdivision  8  of
section 73 of the public officers law.

S. 2608--C                         109

  (b) Any such employee who at the time of such transfer shall have been
in  a negotiating unit represented by an employee organization which was
certified or recognized pursuant to article 14 of the civil service law,
and whose job function or duties have  remained  essentially  the  same,
shall  continue  to  be  represented by said employee organization, in a
bargaining unit within the  department  of  transportation.    Successor
employees  to  the  positions  held by such transferred employees in the
department of transportation shall, consistent with  the  provisions  of
article  14  of  the  civil service law, be included in the same unit as
their predecessors.   Nothing in this  section  shall  be  construed  to
affect  (i)  the  rights  of  employees  pursuant to an existing or most
recently expired collective bargaining agreement, or (ii)  existing  law
with  respect to an application by the public employment relations board
seeking designation by the board that certain persons are managerial  or
confidential.  Nothing in this section shall preclude changes in negoti-
ating units of such employees consistent with the provisions of  article
14 of the civil service law.
  S  104.  Severability.  If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion 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, section or part thereof  directly  involved
in  the  controversy in which such judgment shall have been rendered. In
addition, this act, being necessary for the welfare of the state and its
inhabitants, shall be  liberally  construed  so  as  to  effectuate  its
purposes.
  S 105. This act shall take effect two years after it shall have become
a  law; provided, however, that effective immediately, the department of
transportation and the thruway authority are  authorized  to  promulgate
any necessary rules, regulations and guidelines necessary for the imple-
mentation  of  this  act;  provided  further that the amendments made to
sections 73-0105 and 73-0107 of the environmental  conservation  law  by
sections  eighty-four  and  eighty-five of this act shall not affect the
repeal of such sections as provided in section 3 of chapter 456  of  the
laws  of  2007,  as  amended,  and  shall  be deemed repealed therewith;
provided, further, that the amendments to subdivision 1 of section 37.05
of the parks, recreation and historic preservation law made  by  section
eighty-six  of  this act shall not affect the repeal of such section and
shall be deemed to be repealed therewith.

                                 PART EE

  Section 1. The public service law is amended by adding a  new  section
92-g to read as follows:
  S 92-G.  DE-TARIFFING OF RETAIL SERVICES. 1. NOTWITHSTANDING ANY OTHER
PROVISION  OF  THIS  CHAPTER,  OR  ANY REGULATION OR ORDER ISSUED BY THE
COMMISSION PURSUANT TO THIS CHAPTER, ON AND AFTER THE EFFECTIVE DATE  OF
THIS SECTION, A TELEPHONE CORPORATION FURNISHING ANY SERVICES THAT WOULD
OTHERWISE  BE SUBJECT TO THE RATE SCHEDULE REQUIREMENTS IN SECTION NINE-
TY-TWO OF THIS ARTICLE MAY POST ON ITS  WEBSITE  THE  RATES,  TERMS  AND
CONDITIONS  OF ANY RETAIL SERVICE IT OFFERS, RENDERS OR FURNISHES WITHIN
THE STATE. SECTION NINETY-TWO OF THIS ARTICLE SHALL  NOT  APPLY  TO  ANY
SERVICE  SO POSTED, AND SUCH TELEPHONE CORPORATION SHALL NOT BE REQUIRED
TO FILE WITH THE COMMISSION OR OBTAIN APPROVAL OF ANY TARIFF OR SCHEDULE
FOR SUCH SERVICE.

S. 2608--C                         110

  2. ANY TARIFF OR SCHEDULE FOR RETAIL SERVICES  FILED  BY  A  TELEPHONE
CORPORATION PRIOR TO THE EFFECTIVE DATE OF THIS SECTION MAY BE WITHDRAWN
AT  ANY  TIME AFTER SUCH DATE UPON THIRTY DAYS NOTICE TO THE COMMISSION,
BUT SHALL REMAIN IN EFFECT UNTIL SUCH WITHDRAWAL.
  3.  NOTHING  IN THIS SECTION SHALL AFFECT THE AUTHORITY OF THE COMMIS-
SION OVER SWITCHED ACCESS OR WHOLESALE SERVICES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART FF

  Section  1.  Section  33-0101 of the environmental conservation law is
amended by adding a new subdivision 27-a to read as follows:
  27-A. "INTEGRATED PEST MANAGEMENT"  MEANS  A  SYSTEMATIC  APPROACH  TO
MANAGING  PESTS THAT UTILIZES A DIVERSITY OF MANAGEMENT OPTIONS TO MINI-
MIZE HEALTH, ENVIRONMENTAL AND ECONOMIC RISKS AND IMPACTS. THESE OPTIONS
MAY INCLUDE BIOLOGICAL, CULTURAL, PHYSICAL AND CHEMICAL TOOLS TO PREVENT
PEST INFESTATIONS OR REDUCE THEM TO ACCEPTABLE LEVELS.
  S 2. This act shall take effect immediately.

                                 PART GG

  Section 1. Short title. This act shall be known and may  be  cited  as
the "northern New York power proceeds allocation act".
  S  2.  The economic development law is amended by adding a new article
6-B to read as follows:
                                ARTICLE 6-B
             NORTHERN NEW YORK POWER PROCEEDS ALLOCATION ACT
SECTION 189-E. DEFINITIONS.
        189-F. THE NORTHERN NEW YORK POWER PROCEEDS ALLOCATION BOARD.
        189-G. GENERAL POWERS AND DUTIES OF THE BOARD.
        189-H. RULES AND REGULATIONS.
  S 189-E. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "AUTHORITY" IS THE POWER AUTHORITY OF THE STATE OF NEW YORK.
  2.  "BOARD"  IS  THE NORTHERN NEW YORK POWER PROCEEDS ALLOCATION BOARD
CREATED BY THIS ARTICLE.
  3. "BENEFITS" OR "FUND BENEFITS" ARE PAYMENTS TO  ELIGIBLE  APPLICANTS
SELECTED  BY  THE AUTHORITY FOR THE PURPOSE OF FUNDING ELIGIBLE PROJECTS
WITH MONIES DERIVED FROM NET EARNINGS THAT HAVE BEEN DEPOSITED INTO  THE
NORTHERN NEW YORK ECONOMIC DEVELOPMENT FUND.
  4.   "ELIGIBLE  APPLICANT"  MEANS  A  PRIVATE  BUSINESS,  INCLUDING  A
NOT-FOR-PROFIT CORPORATION.
  5. "ELIGIBLE PROJECTS" ARE ECONOMIC DEVELOPMENT PROJECTS  BY  ELIGIBLE
APPLICANTS  THAT  ARE  PHYSICALLY  LOCATED  WITHIN THE STATE OF NEW YORK
WITHIN A FORTY MILE RADIUS OF  THE  SAINT  LAWRENCE  FDR  POWER  PROJECT
LOCATED IN MASSENA, NEW YORK THAT WILL SUPPORT THE GROWTH OF BUSINESS IN
THE  STATE  AND  THEREBY LEAD TO THE CREATION OR MAINTENANCE OF JOBS AND
TAX REVENUES FOR THE STATE AND LOCAL GOVERNMENTS. ELIGIBLE PROJECTS  MAY
INCLUDE  CAPITAL  INVESTMENTS  IN  BUILDINGS,  EQUIPMENT, AND ASSOCIATED
INFRASTRUCTURE (COLLECTIVELY, "INFRASTRUCTURE")  OWNED  BY  AN  ELIGIBLE
APPLICANT  FOR  FUND  BENEFITS;  TRANSPORTATION  PROJECTS UNDER STATE OR
FEDERALLY APPROVED PLANS; THE ACQUISITION OF LAND NEEDED FOR INFRASTRUC-
TURE; RESEARCH AND DEVELOPMENT WHERE THE RESULTS OF  SUCH  RESEARCH  AND
DEVELOPMENT  WILL  DIRECTLY  BENEFIT NEW YORK STATE; SUPPORT FOR TOURISM
AND MARKETING AND ADVERTISING EFFORTS FOR NORTHERN NEW YORK STATE  TOUR-

S. 2608--C                         111

ISM AND BUSINESS; AND ENERGY-RELATED PROJECTS.  ELIGIBLE PROJECTS DO NOT
INCLUDE,  AND  FUND BENEFITS MAY NOT BE USED FOR, PUBLIC INTEREST ADVER-
TISING OR ADVOCACY; LOBBYING; THE SUPPORT OR OPPOSITION OF ANY CANDIDATE
FOR  PUBLIC OFFICE; THE SUPPORT OR OPPOSITION TO ANY PUBLIC ISSUE; LEGAL
FEES RELATED TO LITIGATION OF ANY KIND; EXPENSES RELATED TO  ADMINISTRA-
TIVE PROCEEDINGS BEFORE STATE OR LOCAL AGENCIES; OR RETAIL BUSINESSES AS
DEFINED  BY  THE  BOARD,  INCLUDING  WITHOUT  LIMITATION, SPORTS VENUES,
GAMING AND GAMBLING OR ENTERTAINMENT-RELATED ESTABLISHMENTS, RESIDENTIAL
PROPERTIES, OR PLACES OF OVERNIGHT ACCOMMODATION.
  6. "ENERGY-RELATED PROJECTS, PROGRAMS AND  SERVICES"  SHALL  HAVE  THE
SAME  MEANING  AS  SUCH TERM IS DEFINED IN SUBPARAGRAPH TWO OF PARAGRAPH
(B) OF SUBDIVISION SEVENTEEN OF SECTION ONE THOUSAND FIVE OF THE  PUBLIC
AUTHORITIES LAW.
  7.  "PRESERVATION  POWER" IS THE FOUR HUNDRED NINETY MEGAWATTS OF FIRM
SAINT LAWRENCE FDR PROJECT HYDROELECTRIC POWER AS SUCH TERM  IS  DEFINED
IN  SUBDIVISION  THIRTEEN  OF  SECTION  ONE  THOUSAND FIVE OF THE PUBLIC
AUTHORITIES LAW. FOR PURPOSES  OF  THIS  ARTICLE,  "PRESERVATION  POWER"
MEANS THE ENERGY ASSOCIATED WITH SUCH POWER.
  8.  "NET EARNINGS" IS THE AGGREGATE EXCESS OF REVENUES RECEIVED BY THE
POWER AUTHORITY OF THE STATE OF NEW YORK FROM THE SALE  OF  PRESERVATION
POWER  AND  ENERGY  PRODUCED  AT THE SAINT LAWRENCE FDR PROJECT THAT WAS
SOLD IN THE WHOLESALE ENERGY MARKET OVER WHAT REVENUES WOULD  HAVE  BEEN
RECEIVED  HAD SUCH ENERGY BEEN SOLD ON A FIRM BASIS TO AN ELIGIBLE PRES-
ERVATION POWER CUSTOMER UNDER THE APPLICABLE TARIFF OR CONTRACT.
  9. "NORTHERN NEW YORK ECONOMIC DEVELOPMENT FUND" OR "FUND" IS  A  FUND
OF  THE  AUTHORITY  INTO  WHICH  ALL  NET  EARNINGS ARE DEPOSITED BY THE
AUTHORITY IN ACCORDANCE WITH  SUBDIVISION  TWENTY-FIVE  OF  SECTION  ONE
THOUSAND  FIVE  OF THE PUBLIC AUTHORITIES LAW AND FROM WHICH ALLOCATIONS
OF FUND BENEFITS TO ELIGIBLE PROJECTS MAY BE MADE.
  S 189-F. THE NORTHERN NEW YORK POWER  PROCEEDS  ALLOCATION  BOARD.  1.
THERE  IS HEREBY CREATED THE NORTHERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD, WHICH SHALL POSSESS THE POWERS AND DUTIES HEREIN  SPECIFIED.  THE
BOARD SHALL CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVER-
NOR  AS  FOLLOWS: ONE OF WHOM SHALL BE APPOINTED UPON THE RECOMMENDATION
OF THE TEMPORARY PRESIDENT OF THE SENATE AND  SHALL  RESIDE  WITHIN  THE
FORTY  MILE  RADIUS OF THE SAINT LAWRENCE FDR POWER PROJECT, ONE OF WHOM
SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF THE  ASSEM-
BLY  AND SHALL RESIDE WITHIN THE FORTY MILE RADIUS OF THE SAINT LAWRENCE
FDR POWER PROJECT, AND AT LEAST ONE ADDITIONAL  MEMBER  WHO  SHALL  ALSO
RESIDE  WITHIN  THE  FORTY  MILE  RADIUS OF THE SAINT LAWRENCE FDR POWER
PROJECT. THE GOVERNOR SHALL DESIGNATE A CHAIR FROM AMONGST  THE  BOARD'S
MEMBERS.
  2.  EACH  MEMBER SHALL SERVE A TERM OF FIVE YEARS OR UNTIL A SUCCESSOR
SHALL HAVE BEEN NAMED AND  QUALIFIED.  MEMBERS  MAY  BE  REAPPOINTED  TO
SUCCESSIVE TERMS.
  3.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THREE
MEMBERS SHALL CONSTITUTE A QUORUM FOR THE  PURPOSES  OF  ORGANIZING  THE
BOARD AND CONDUCTING THE BUSINESS THEREOF. NO ACTION OF THE BOARD MAY BE
TAKEN  EXCEPT  UPON  AN AFFIRMATIVE VOTE OF AT LEAST THREE-FIFTHS OF THE
FULL BOARD MEMBERSHIP AT ANY MEETING AT WHICH AT LEAST THREE MEMBERS ARE
PRESENT OR PARTICIPATING BY VIDEOCONFERENCING. VIDEOCONFERENCING MAY  BE
USED FOR ATTENDANCE AND PARTICIPATION BY MEMBERS OF THE BOARD. IF VIDEO-
CONFERENCING  IS  USED,  THE  BOARD SHALL PROVIDE AN OPPORTUNITY FOR THE
PUBLIC TO ATTEND, LISTEN AND OBSERVE AT  ANY  SITE  AT  WHICH  A  MEMBER
PARTICIPATES. THE PUBLIC NOTICE FOR THE MEETING SHALL IDENTIFY, IF PRAC-
TICABLE, ALL LOCATIONS WHERE A MEMBER WILL PARTICIPATE IN THE MEETING BY

S. 2608--C                         112

VIDEOCONFERENCE  AND SHALL STATE THAT THE PUBLIC HAS THE RIGHT TO ATTEND
THE MEETING AT ANY SUCH LOCATION.
  4.  MEMBERS  OF THE BOARD, EXCEPT THOSE THAT ARE EMPLOYEES OR OFFICERS
OF THE STATE, ITS AUTHORITIES OR AGENCIES, SHALL NOT RECEIVE A SALARY OR
OTHER COMPENSATION, BUT  SHALL  BE  ALLOWED  THE  NECESSARY  AND  ACTUAL
EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES UNDER THIS ARTICLE.
  S  189-G.  GENERAL  POWERS AND DUTIES OF THE BOARD. 1. THE BOARD SHALL
ESTABLISH PROCEDURES AND GUIDELINES RELATING TO THE  ACTIVITIES  OF  THE
BOARD.
  2.  THE  BOARD  SHALL ESTABLISH PROCEDURES THROUGH WRITTEN POLICIES OR
STANDARDS FOR REVIEWING APPLICATIONS FOR AN ALLOCATION OF FUND  BENEFITS
THAT  SHALL  INCLUDE  A  REVIEW  OF APPLICATIONS NO LESS FREQUENTLY THAN
TWICE EACH YEAR. THE BOARD, OR A MEMBER DESIGNATED BY THE  BOARD,  SHALL
RECEIVE  ALL APPLICATIONS FROM, OR ON BEHALF OF, ELIGIBLE APPLICANTS FOR
FUND BENEFITS. APPLICATIONS SHALL BE IN A FORM AND CONTAIN SUCH INFORMA-
TION, DATA AND EXHIBITS AS THE BOARD, IN CONSULTATION WITH THE  AUTHORI-
TY, MAY PRESCRIBE.
  3.  THE BOARD MAY REQUEST FROM THE AUTHORITY AN ANALYSIS OF ANY APPLI-
CATION ALONG WITH ANY RECOMMENDATIONS. IN ADDITION, THE AUTHORITY  SHALL
SUPPLY  ANY  SUCH  ADDITIONAL INFORMATION AS IS REASONABLY NECESSARY FOR
THE BOARD TO PERFORM ITS DUTIES.
  4. IN REVIEWING APPLICATIONS FOR FUND BENEFITS, THE  BOARD  SHALL  USE
THE CRITERIA FOR ELIGIBILITY FOR EXPANSION, REPLACEMENT AND PRESERVATION
POWER  AND  FOR  REVITALIZATION  OF  INDUSTRY AS PROVIDED IN SECTION ONE
THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW.   THE BOARD SHALL  ISSUE  A
WRITTEN  STATEMENT OF ITS FINDINGS AND RECOMMENDATIONS FOR EACH APPLICA-
TION REVIEWED.
  5. THE BOARD SHALL RECOMMEND TO THE AUTHORITY THE ALLOCATION  OF  FUND
BENEFITS  TO  ELIGIBLE PROJECTS THAT THE BOARD FINDS ARE CONSISTENT WITH
THE APPLICABLE CRITERIA IN SUBDIVISION FOUR OF THIS SECTION.  THE  BOARD
MAY INCLUDE WITHIN ITS RECOMMENDATIONS SUCH RECOMMENDED TERMS AND CONDI-
TIONS AS IT DEEMS APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, REASONABLE
PROVISION  FOR THE ALLOCATION OF FUND BENEFITS OVER TIME AS THE ELIGIBLE
APPLICANT ACHIEVES MILESTONES TOWARDS PROJECT COMPLETION, THE PARTIAL OR
COMPLETE WITHDRAWAL OR RETURN OF FUND BENEFITS WHERE THE  RECIPIENT  HAS
FAILED  TO ACHIEVE OR MAINTAIN MUTUALLY AGREED UPON COMMITMENTS, OR SUCH
OTHER TERMS AND CONDITIONS AS THE BOARD DEEMS ADVISABLE. THE BOARD SHALL
NOT RECOMMEND AN ALLOCATION  OF  FUND  BENEFITS  PRIOR  TO  ESTABLISHING
PROCEDURES  FOR  REVIEWING  APPLICATIONS  PURSUANT TO SUBDIVISION TWO OF
THIS SECTION.
  6. A RECOMMENDATION BY THE BOARD THAT AN ELIGIBLE APPLICANT RECEIVE AN
ALLOCATION OF FUND BENEFITS SHALL BE A PREREQUISITE TO AN AWARD OF  FUND
BENEFITS BY THE AUTHORITY. THE AUTHORITY SHALL AWARD FUND BENEFITS TO AN
APPLICANT  UPON  A  RECOMMENDATION OF THE BOARD; PROVIDED, HOWEVER, THAT
UPON A SHOWING OF GOOD CAUSE, THE AUTHORITY SHALL HAVE DISCRETION AS  TO
WHETHER  TO  ADOPT THE BOARD'S RECOMMENDATION, OR TO AWARD BENEFITS IN A
DIFFERENT AMOUNT  OR  ON  DIFFERENT  TERMS  AND  CONDITIONS  THAN  THOSE
CONTAINED IN THE RECOMMENDATION OF THE BOARD.  ALLOCATIONS OF FUND BENE-
FITS  SHALL  ONLY  BE  MADE  ON THE BASIS OF NET EARNINGS THAT HAVE BEEN
DEPOSITED IN THE NORTHERN NEW YORK ECONOMIC DEVELOPMENT FUND.  NO  AWARD
OF FUND BENEFITS SHALL ENCUMBER FUTURE NET EARNINGS OR NET EARNINGS THAT
HAVE  BEEN  RECEIVED BUT NOT DEPOSITED IN THE NORTHERN NEW YORK ECONOMIC
DEVELOPMENT FUND.
  7. UPON MAKING AN ALLOCATION OF FUND  BENEFITS,  THE  AUTHORITY  SHALL
INCLUDE  WITHIN  THE  AGREEMENT  PROVIDING  FOR THE TERMS AND CONDITIONS
APPLICABLE TO SUCH ALLOCATION ALL TERMS  AND  CONDITIONS  THE  AUTHORITY

S. 2608--C                         113

DEEMS  APPROPRIATE,  TAKING INTO ACCOUNT THE RECOMMENDATIONS MADE BY THE
BOARD.
  S  189-H. RULES AND REGULATIONS. THE AUTHORITY IS HEREBY AUTHORIZED TO
PROMULGATE SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY  TO  FULFILL
THE PURPOSES OF THIS ARTICLE.
  S  3.  Section 1005 of the public authorities law is amended by adding
five new subdivisions 24, 25, 26, 27 and 28 to read as follows:
  24. TO COOPERATE WITH THE NORTHERN NEW YORK POWER PROCEEDS  ALLOCATION
BOARD  AND PROVIDE THE BOARD WITH SUCH INFORMATION AND ASSISTANCE AS THE
BOARD REASONABLY REQUESTS, INCLUDING REASONABLE STAFF SERVICES, ACCOUNT-
ING, CLERICAL AND SECRETARIAL ASSISTANCE, OFFICE  SPACE,  AND  EQUIPMENT
REASONABLY  REQUESTED BY THE NORTHERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD TO FULFILL ITS DUTIES.
  25. TO ESTABLISH AN ACCOUNT TO BE  KNOWN  AS  THE  NORTHERN  NEW  YORK
ECONOMIC  DEVELOPMENT  FUND,  WHICH  SHALL  CONSIST OF "NET EARNINGS" AS
DEFINED IN ARTICLE SIX-B OF THE ECONOMIC DEVELOPMENT LAW,  DEPOSITED  IN
SUCH AMOUNTS AS DETERMINED TO BE FEASIBLE AND ADVISABLE BY THE TRUSTEES.
SUCH  EARNINGS SHALL BE DEPOSITED NO LESS FREQUENTLY THAN QUARTERLY. THE
FIRST DEPOSIT INTO THE FUND SHALL BE MADE NINETY DAYS AFTER  THE  EFFEC-
TIVE  DATE  OF THIS SUBDIVISION, AND SHALL INCLUDE ALL SUCH NET EARNINGS
ACCRUED SINCE THE EFFECTIVE DATE OF CHAPTER FOUR HUNDRED  THIRTY-SIX  OF
THE  LAWS  OF  TWO  THOUSAND TEN. AT LEAST FIFTEEN PERCENT OF SUCH FUNDS
SHALL BE DEDICATED TOWARDS ELIGIBLE PROJECTS  WHICH  ARE  ENERGY-RELATED
PROJECTS,  PROGRAMS AND SERVICES AS SUCH TERM IS DEFINED IN SUBPARAGRAPH
TWO OF PARAGRAPH (B) OF SUBDIVISION SEVENTEEN OF THIS SECTION.  IN ADDI-
TION TO FUNDING ELIGIBLE PROJECTS, AS DEFINED IN ARTICLE  SIX-B  OF  THE
ECONOMIC  DEVELOPMENT  LAW,  THE  AUTHORITY  MAY  USE  NORTHERN NEW YORK
ECONOMIC DEVELOPMENT FUND MONIES TO COVER REASONABLE COSTS AND  EXPENSES
OF  THE  AUTHORITY  RELATED  TO THE MANAGEMENT AND ADMINISTRATION OF THE
NORTHERN NEW YORK POWER PROCEEDS ALLOCATION PROGRAM CREATED  BY  ARTICLE
SIX-B OF THE ECONOMIC DEVELOPMENT LAW.
  26.  THE  AUTHORITY  MAY, IN ITS DISCRETION, CONSULT WITH THE NORTHERN
NEW YORK POWER PROCEEDS ALLOCATION  BOARD  IN  THE  APPLICATION  PROCESS
RELATING TO THE ALLOCATION OF PRESERVATION POWER.
  27. THE AUTHORITY SHALL ESTABLISH PROCESSES FOR APPLICATION REVIEW AND
ALLOCATION OF FUND BENEFITS PROVIDED FOR IN ARTICLE SIX-B OF THE ECONOM-
IC DEVELOPMENT LAW.
  28. THE AUTHORITY SHALL INCLUDE IN THE ANNUAL REPORT PREPARED PURSUANT
TO  SUBDIVISION  EIGHTEEN OF THIS SECTION, AN ACCOUNTING FOR THE SUBJECT
YEAR THAT PROVIDES (A) THE AMOUNT OF PRESERVATION POWER  SOLD  INTO  THE
WHOLESALE  MARKET  BY  THE  AUTHORITY, AND (B) THE NET EARNINGS, AS SUCH
TERM IS DEFINED IN SECTION ONE HUNDRED  EIGHTY-NINE-E  OF  THE  ECONOMIC
DEVELOPMENT  LAW,  PAID  INTO THE NORTHERN NEW YORK ECONOMIC DEVELOPMENT
FUND.
  S 4. This act shall take effect immediately.

                                 PART HH

  Section 1. Subdivision 2 of section 89-c of the state finance law,  as
amended  by  chapter  329  of  the  laws  of 1991, is amended to read as
follows:
  2. (A) The dedicated mass transportation trust fund shall  consist  of
all  moneys  collected  therefor or credited or transferred thereto from
any other fund, account or source. Any interest received  by  the  comp-
troller  on moneys on deposit in the dedicated mass transportation trust
fund shall be retained in and become a part of such fund.

S. 2608--C                         114

  (B) AMOUNTS APPROPRIATED TO THE DEPARTMENT OF  TRANSPORTATION  IN  THE
NEW  YORK  STATE  BUDGET FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN FROM THE DEDICATED MASS TRANSPORTATION TRUST FUND  FOR  PAYMENT
TO  TRANSIT  AUTHORITIES SHALL BE RELEASED BY THE DIRECTOR OF BUDGET, IN
ACCORDANCE WITH THE TRADITIONAL SERVICE AND USAGE FORMULA ESTABLISHED BY
THE  COMMISSIONER OF TRANSPORTATION WITH THE APPROVAL OF THE DIRECTOR OF
THE BUDGET, NO LATER THAN MAY FIRST, TWO THOUSAND THIRTEEN.
  S 2. This act shall take effect immediately.

                                 PART II

  Section 1. Legislative intent. The legislature finds that it is funda-
mental to the overall state general interest and its economy to  guaran-
tee  sources  of  power  generated  near  existing  or  future high-load
manufacturers in every region of the state to  allow  competitive  power
markets  to  best meet the needs of rate payers, support local and state
tax revenue stability, promote economic  opportunity,  and  enhance  the
state's overall environmental future.
  The  legislature further finds that changing power generation markets,
reacting to both competitive and public policy pressures,  have  threat-
ened the viability of existing crucial base-load facilities.
  The  legislature  further  finds that the elimination of any base-load
electric generating capability in a region of the state jeopardizes  the
affected  region's  ability  to  provide adequate municipal services and
quality education opportunities for its residents.
  The legislature intends that it is in the overriding interest  of  the
citizens  of  the  state that the most advanced, cleanest and most effi-
cient power technologies be encouraged to be constructed and operated in
the state.
  The legislature further intends that it is  in  the  interest  of  the
state that these technologies be placed on existing power facility sites
to  foster  the  goal  of sustainability and reduce the chance of former
power facilities creating major  abandoned  or  underutilized  blemishes
with  resulting environmental threats, abandonment and major impediments
to economic development.
  The legislature further intends that it is  in  the  interest  of  the
state to enhance the ability of capital markets to encourage the forego-
ing  findings  and  intentions to maintain private sector, competitively
procured base-load capability through the utilization of best  available
technologies.
  S 2. Section 1010 of the public authorities law is amended by adding a
new subdivision 12 to read as follows:
  12.  (A) THE POWER AUTHORITY OF THE STATE OF NEW YORK SHALL BE AUTHOR-
IZED TO CONDUCT AN ANALYSIS OF CURRENT AND FUTURE REGIONAL POWER  NEEDS,
WITH  SPECIAL  CONSIDERATION OF FUTURE ECONOMIC DEVELOPMENT PROSPECTS OF
SUCH REGIONS, AND A FURTHER ANALYSIS OF THE ECONOMIC  VIABILITY  OF  THE
CURRENT OR FUTURE OWNERS AND OPERATORS OF LOAD PRODUCING ELECTRIC GENER-
ATING FACILITIES WHO HAVE SUBMITTED AN APPLICATION TO THE PUBLIC SERVICE
COMMISSION  PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION ONE
HUNDRED SIXTY-FIVE OF THE PUBLIC SERVICE LAW. IN LIEU  OF  THE  REQUIRE-
MENTS  FOR A THREE YEAR AVERAGE COMPARISON IN SUBPARAGRAPH (II) OF PARA-
GRAPH (B) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SIXTY-FIVE  OF  THE
PUBLIC  SERVICE  LAW, SUCH PROPOSED FACILITY CONNECTED TO AN APPLICATION
OTHERWISE PURSUANT TO SECTIONS ONE HUNDRED SIXTY-FOUR  AND  ONE  HUNDRED
SIXTY-FIVE  OF  THE PUBLIC SERVICE LAW PROPOSING A REPOWERING PROJECT AT
THE SITE OF AN EXISTING MAJOR ELECTRIC GENERATING FACILITY THAT HAS  RUN

S. 2608--C                         115

PRIMARILY IN THE MARKET AS A CAPACITY PAYMENT GENERATOR FOR THE PREVIOUS
TWO  OR  MORE YEARS SHALL BE DEEMED AS MEETING THE REQUIREMENTS OF PARA-
GRAPH (B) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SIXTY-FIVE  OF  THE
PUBLIC  SERVICE  LAW IF THE PROPOSED FACILITY'S FUTURE POTENTIAL TO EMIT
FOR EACH CONTAMINANT WILL OPERATE UNDER TWENTY PERCENT OF  THE  EXISTING
GENERATOR OR GENERATORS ASSUMING SUCH PROPOSED AND EXISTING GENERATOR OR
GENERATORS  WERE  RUNNING  AT AN ANNUAL RATE OF AT LEAST 7,000 HOURS PER
YEAR AND AT A NAMEPLATE CAPACITY OF AT LEAST  450  MEGAWATTS.  UPON  THE
TIMELY COMPLETION OF SUCH ANALYSES, AND AS DEEMED FEASIBLE AND ADVISABLE
BY  THE BOARD OF TRUSTEES OF THE AUTHORITY, TAKING FULL CONSIDERATION OF
THE REQUIREMENTS AND VIABILITY OF THE  ENTIRE  POWER  GENERATING  SYSTEM
NEEDS  OF THE VARIOUS REGIONS OF THE STATE OF NEW YORK, AND THE STATE OF
NEW YORK IN ENTIRETY, WITH SPECIAL CONSIDERATION GIVEN TO THE RATEPAYERS
AND TAXPAYERS OF THE STATE, THE AUTHORITY SHALL BE AUTHORIZED  TO  ISSUE
NEGOTIABLE  BONDS,  AND  TO THE FULLEST EXTENT PERMITTED BY LAW, PRIVATE
ACTIVITY BONDS, OR OTHER INSTRUMENTS  EXEMPT  FROM  FEDERAL,  STATE  AND
LOCAL TAXATION, FOR QUALIFYING PROJECTS AND AS ENUMERATED BY THIS SUBDI-
VISION,  BACKED  BY THE PURCHASE OF POWER GENERATED FROM SUCH FACILITIES
PER PARAGRAPH (E) OF THIS SUBDIVISION ONLY TO THE  EXTENT  NECESSARY  TO
REPAY  ALL INTEREST AND PRINCIPAL DUE THE HOLDERS OF SUCH BONDS, AND ALL
ASSOCIATED ADMINISTRATIVE COSTS AND FEES ATTACHING  TO  SUCH  BONDS,  IF
SUCH OWNERS AND OPERATORS OF A PROPOSED FACILITY MEET AND AGREE UPON ALL
THE  APPLICABLE CONDITIONS OF THIS SUBDIVISION AND SECTIONS ONE THOUSAND
FIVE AND ONE THOUSAND SEVEN OF THE PUBLIC AUTHORITIES LAW.
  (B) THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVISION  SHALL  ONLY
APPLY  TO  PROPOSED  POWER GENERATING UNITS THAT WILL MEET OR EXCEED THE
MINIMUM STANDARDS ESTABLISHED IN THE FINAL RULE OF THE PROPOSED NATIONAL
EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS. IN ADDITION, SUCH OWNER
OR OPERATOR OF A GENERATING UNIT OTHERWISE ELIGIBLE FOR  BENEFITS  UNDER
THIS  SECTION  MUST  AGREE  TO  TAKE ALL STEPS NECESSARY TO REPOWER SUCH
FACILITY AND CONSTRUCT NEW GENERATORS  TO  ENSURE  THAT  SUCH  FACILITY,
GENERATORS AND APPERTAINING SITES:
  1.  ARE  DESIGNED AND INTENDED TO OPERATE AT AN ELECTRICITY PRODUCTION
EFFICIENCY LEVEL OF AT LEAST FIFTY-TWO PERCENT;
  2. WILL HAVE A NAMEPLATE CAPACITY OF AT LEAST 450 MEGAWATTS  OF  ELEC-
TRIC GENERATING CAPACITY RUNNING AT LEAST 7,000 HOURS PER YEAR;
  3.  WILL  BE  ABLE TO ACHIEVE A 2 PARTS PER MILLION LIMITS FOR NITROUS
OXIDE EMISSIONS USING LOWEST ACHIEVABLE EMISSION RATE TECHNOLOGIES;
  4. WILL UTILIZE LOWEST ACHIEVABLE EMISSION RATE TECHNOLOGIES IF FEASI-
BLE, OR, AT A MINIMUM, BEST AVAILABLE CONTROL  TECHNOLOGIES  FOR  CARBON
MONOXIDE AND SULFUR DIOXIDE EMISSION LEVELS;
  5.  HAVE  EXISTING  GENERATORS  AT  THE SITE SAFELY DECOMMISSIONED AND
DEMOLISHED;
  6. UNDERGO ENVIRONMENTAL REMEDIATION UNDER THE GUIDELINES  ESTABLISHED
UNDER  PART  375 OF TITLE 6 OF THE NEW YORK STATE CODES, RULES AND REGU-
LATIONS, AND;
  7. WILL BE ABLE TO HAVE THE NEW ELECTRIC GENERATING FACILITIES  PLACED
IN SERVICE NO LATER THAN MARCH 31, 2018.
  (C) UPON THE AWARDING OF THE CERTIFICATE OFFERED BY THE NEW YORK STATE
BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT AS STIPULATED IN
SECTIONS  ONE  HUNDRED  SIXTY,  ONE  HUNDRED SIXTY-EIGHT AND ONE HUNDRED
SEVENTY OF THE PUBLIC SERVICE LAW, FUNDS RECEIVED FROM THE  ISSUANCE  OF
BONDS  PURSUANT TO THIS SECTION MAY BE OFFERED TO THE OWNER OR OWNERS OF
A QUALIFYING PROJECT CERTIFIED UNDER THE CONDITIONS OF SUBDIVISION  FOUR
OF SECTION ONE HUNDRED SIXTY-FIVE OF THE PUBLIC SERVICE LAW IN AN AMOUNT
NOT  TO  EXCEED  EIGHTY  PERCENT OF THE TOTAL PROJECT COSTS AS ESTIMATED

S. 2608--C                         116

THROUGH THE MOST CURRENT AND BEST AVAILABLE PROJECTIONS FOR THE  SOURCES
AND  USES OF FUNDS FOR THE FACILITY. UPON THE REVOCATION OF SUCH CERTIF-
ICATE AND EXHAUSTION OF ALL JUDICIAL REVIEWS RELATED TO SUCH REVOCATION,
THE  AUTHORITY  SHALL IMMEDIATELY MOVE TO RECAPTURE ANY FUNDS OFFERED TO
THE OWNER OR OPERATORS, OR THEIR SUCCESSORS, OF A PREVIOUSLY  QUALIFYING
PROJECT,  ALONG  WITH  ALL  RELATED  ADMINISTRATIVE  FEES OR OTHER COSTS
RELATED TO SUCH FUNDING AND RECAPTURE PROCEEDINGS.
  (D) AS DEEMED FEASIBLE AND ADVISABLE BY THE BOARD OF THE  TRUSTEES  OF
THE  AUTHORITY, THE AUTHORITY SHALL HAVE THE ABILITY, AS A CONDITION FOR
THE GRANTING OF BOND PROCEEDS, AND AS A SOURCE OF ADDITIONAL SURETY  FOR
A  QUALIFYING  PROJECT, TO REQUIRE THE OWNER OF SUCH PROJECT TO CEDE THE
TITLE TO THE PLOT OF LAND, AND LAND ONLY, ON WHICH A QUALIFYING  PROJECT
IS  TO BE LOCATED AS DETERMINED BY THE TAX PLAT OF THE LOCALITY IN WHICH
THE PROJECT WILL BE LOCATED, TO THE AUTHORITY FOR A PERIOD NOT TO EXTEND
BEYOND THE ORIGINAL TERM OF THE BONDS ASSOCIATED WITH SUCH PROCEEDS. THE
AUTHORITY WILL GRANT THE OWNER OR OPERATOR OF THE PROJECT  A  BENEFICIAL
OWNERSHIP LEASE, TRANSFERABLE TO ANY SUCCESSIVE OWNER OR OPERATOR, AT NO
COST  BEYOND  THE  AD  VALOREM  TAXES,  OR ASSOCIATED PAYMENT IN LIEU OF
TAXES, LEVIED ON SUCH LAND THE AUTHORITY MAY REMIT TO THE RELEVANT MUNI-
CIPALITY FOR THE LIFE OF THE DEBT INSTRUMENT TIED TO THE BOND  PROCEEDS.
ANY  SUCH  TAX OR PAYMENT IN LIEU OF TAX REMITTED BY THE AUTHORITY SHALL
BE REPAID BY THE OWNER OR OPERATOR OF THE FACILITY TO THE  AUTHORITY  AT
THE  EARLIEST  POSSIBLE  CONVENIENCE.  FAILURE TO REPAY THE AUTHORITY IN
FULL FOR ANY PAYMENT OF TAX OR PAYMENT IN LIEU OF  TAX  SHALL  AUTHORIZE
THE  AUTHORITY  TO  IMMEDIATELY  MOVE  TO  RECAPTURE ANY FUNDS FROM BOND
PROCEEDS TRANSFERRED TO THE CURRENT OWNER OR OPERATOR OF  THE  FACILITY.
ANY AD VALOREM ASSESSMENTS OR PAYMENT IN LIEU OF TAX SHALL BE DETERMINED
THROUGH  AGREEMENT  WITH RELEVANT LOCAL OFFICIALS IN A MANNER REGARDLESS
OF WHICH ENTITY IS RESPONSIBLE FOR THE REMITTANCE OF SUCH ASSESSMENT  OR
PAYMENT; AND, IF SUCH FACILITY IS BOUND BY AN AGREEMENT FOR A PAYMENT IN
LIEU  OF  TAX, SUCH AGREEMENT SHALL LAST FOR THE DURATION OF THE LIFE OF
THE BONDS REFERENCED IN PARAGRAPH (A) OF THIS SUBDIVISION. UPON THE  END
OF  THE  ORIGINAL TERM OF SUCH BONDS, OR UPON EXPIRATION OF THE BONDS IF
SUCH INSTRUMENT IS RETIRED BEFORE THE END OF THE ORIGINAL TERM, TITLE TO
THE LAND WILL IMMEDIATELY  REMIT  TO  THE  OWNER  OR  SUCCESSOR  OF  THE
PROJECT,  IF  ALL  OUTSTANDING  OBLIGATIONS  OF SUCH OWNER, OPERATOR AND
SUCCESSOR, ADHERING TO THE PROJECT DUE TO THE AUTHORITY HAVE BEEN SATIS-
FIED.
  (E) THE AUTHORITY IS AUTHORIZED, AS DEEMED FEASIBLE AND  ADVISABLE  BY
THE  BOARD  OF  TRUSTEES  OF THE AUTHORITY, TO RECOMMEND ENTERING INTO A
PARTIAL POWER PURCHASE AGREEMENT WITH THE OWNER OR OPERATOR,  TRANSFERA-
BLE TO THEIR SUCCESSORS, OF A QUALIFYING PROJECT UPON THE OWNER OR OPER-
ATOR  RECEIVING  THE  CERTIFICATE  REFERENCED  IN  PARAGRAPH (C) OF THIS
SUBDIVISION. THE AUTHORITY WILL PURCHASE POWER FROM SUCH PROJECT FOR THE
LIFE OF THE ORIGINAL TERMS OF  THE  NEGOTIABLE  BONDS  ISSUED  FOR  THIS
PURPOSE  TO THE EXTENT NECESSARY SO THAT THE OWNER OR OPERATOR RECEIVING
THE PROCEEDS OF SUCH AGREEMENT SHALL REMIT FUNDS TO THE AUTHORITY SUFFI-
CIENT TO COVER THE DEBT SERVICE AND ADMINISTRATIVE FEES OF THE  RELEVANT
DEBT INSTRUMENT. FAILURE OF THE OWNER OR OPERATOR OF A PROJECT RECEIVING
BOND  PROCEEDS  AUTHORIZED  BY  THIS SUBDIVISION TO REMIT FUNDS RECEIVED
FROM SUCH POWER PURCHASES SHALL AUTHORIZE THE AUTHORITY  TO  IMMEDIATELY
MOVE  TO  RECAPTURE  ANY  FUNDS  FROM  BOND  PROCEEDS TRANSFERRED TO THE
CURRENT OWNER OR OPERATOR OF THE FACILITY FOLLOWING ALL ALLOWABLE  JUDI-
CIAL REMEDIES. THE AUTHORITY'S PURCHASE OF SUCH POWER SHALL OCCUR BEFORE
THE  SALE OR RESALE OF ANY POWER GENERATED FROM THE PROJECT TO ANY OTHER
POTENTIAL CUSTOMER.   THE PROJECT  OWNER  OR  OPERATOR  CANNOT  USE  THE

S. 2608--C                         117

PROCEEDS  FROM  SUCH  POWER  PURCHASE  AGREEMENT,  WITHOUT THE EXPRESSED
CONSENT OF THE AUTHORITY, FOR ANY OTHER PURPOSE THAN THE  REMITTANCE  TO
THE AUTHORITY TO COVER THE OBLIGATIONS OF THE BONDS OR OTHER INSTRUMENTS
ISSUED ON BEHALF OF THE PROJECT.
  (F)  FAILURE  OF  AN OWNER OR OPERATOR OF A QUALIFYING PROJECT TO MEET
ANY OR ALL FINANCIAL OBLIGATIONS CONNECTED TO SUCH  ELECTRIC  GENERATING
FACILITY  SHALL  AUTHORIZE  THE  AUTHORITY, AFTER ALL PERTINENT JUDICIAL
REVIEWS, AND AS DEEMED FEASIBLE AND ADVISABLE BY THE BOARD  OF  TRUSTEES
OF THE AUTHORITY, TO TAKE FEE SIMPLE TITLE OF THE REAL PROPERTY ATTACHED
TO THE ENTIRE FACILITY AND GROUNDS IN PERPETUITY.
  (G)  ANY POWER PURCHASED BY THE AUTHORITY PURSUANT TO THIS SUBDIVISION
SHALL BE CONSIDERED RECHARGE NEW YORK POWER, AND SHALL BE  UTILIZED,  TO
THE  MAXIMUM  EXTENT ADVISABLE AND FEASIBLE IN ORDER OF PRIORITY, FIRST,
TO PROVIDE ENHANCED ECONOMIC DEVELOPMENT POWER BENEFITS,  AS  DETERMINED
BY  THE AUTHORITY, FOR PRESENT OR FUTURE HIGH-LOAD MANUFACTURERS LOCATED
WITHIN THE GEOGRAPHIC AREA OF A QUALIFIED PROJECT REGARDLESS OF  WHETHER
SUCH  HIGH-LOAD  MANUFACTURERS ARE CURRENTLY BENEFICIARIES OF A RECHARGE
NEW YORK POWER ALLOCATION; SECOND, NOTWITHSTANDING  ANY  LIMITATIONS  OR
CONDITIONS CONTAINED IN PARAGRAPH EIGHT OF SUBDIVISION (A) AND PARAGRAPH
SEVEN  OF  SUBDIVISION  (C) OF SECTION ONE HUNDRED EIGHTY-EIGHT-A OF THE
ECONOMIC DEVELOPMENT LAW, TO AUGMENT RECHARGE NEW YORK POWER ALLOCATIONS
FOR ELIGIBLE BUSINESSES AS DEFINED IN PARAGRAPH FIVE OR PARAGRAPH  SEVEN
OF SUBDIVISION (A) OF SECTION ONE HUNDRED EIGHTY-EIGHT-A OF THE ECONOMIC
DEVELOPMENT LAW THAT ARE RECOMMENDED FOR A RECHARGE NEW YORK POWER ALLO-
CATION PURSUANT TO PART CC OF CHAPTER 60 OF THE LAWS OF 2011; AND THIRD,
ANY ALLOWABLE PURPOSE OF THE AUTHORITY AUTHORIZED BY LAW.
  (H)  EACH CONTRACT ENTERED INTO BY THE OWNER, OPERATOR OR SUCCESSOR OF
A FACILITY QUALIFYING UNDER THIS SUBDIVISION SHALL  INDEMNIFY  AND  HOLD
THE STATE OF NEW YORK, AND THE POWER AUTHORITY OF THE STATE OF NEW YORK,
HARMLESS  FROM  ANY AND ALL CLAIMS FOR LOSS OR LIABILITY ALLEGED TO HAVE
BEEN CAUSED OR RESULTING FROM ANY WORK INVOLVING SUCH PROJECT OR ACTIONS
TAKEN PURSUANT TO THIS  SUBDIVISION.  IN  ADDITION,  THE  PROVISIONS  OF
SECTION  SEVENTEEN  OF THE PUBLIC OFFICERS LAW SHALL APPLY TO MEMBERS OF
THE BOARD  AND  AGENTS  OR  OTHER  PERSONS  ACTING  ON  ITS  BEHALF,  IN
CONNECTION   WITH  ANY  AND  ALL  CLAIMS,  DEMANDS,  SUITS,  ACTIONS  OR
PROCEEDINGS WHICH MAY BE MADE OR BROUGHT AGAINST ANY OF THEM ARISING OUT
OF ANY DETERMINATION MADE OR ACTIONS TAKEN OR OMITTED  TO  BE  TAKEN  IN
COMPLIANCE  WITH  ANY OBLIGATIONS UNDER OR PURSUANT TO THE TERMS OF THIS
SUBDIVISION OR OTHERWISE IN THIS TITLE.
  (I) IF ANY CLAUSE, SENTENCE, OR PARAGRAPH OF THIS SUBDIVISION 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, OR PARA-
GRAPH 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 SUBDIVISION WOULD HAVE BEEN ENACTED EVEN IF
SUCH INVALID PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
  S 3. This act shall take effect immediately and shall apply to  eligi-
ble  electric generating facilities placed in service on or before March
31, 2018.

                                 PART JJ

  Section 1. The state finance law is amended by adding  a  new  section
92-gg to read as follows:

S. 2608--C                         118

  S  92-GG.  REPOWERING  AND  LOCAL  MITIGATION FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"REPOWERING AND LOCAL MITIGATION FUND".
  2.  SUCH  FUND SHALL CONSIST OF MONEYS CREDITED OR TRANSFERRED WITHOUT
APPROPRIATION THERETO OVER AND ABOVE A BASE LEVEL PURSUANT TO THE STAND-
ARDS CONTROLLING CHAPTER ELEVEN OF TITLE  TWENTY-ONE  OF  THE  NEW  YORK
STATE  CODES,  RULES AND REGULATIONS RELATED TO ANY MONEYS GARNERED FROM
ASSESSMENTS OR AUCTIONS RAISED PURSUANT TO SUBDIVISION  SIX  OF  SECTION
19-0301 OF THE ENVIRONMENTAL CONSERVATION LAW.
  3.  (A)  MONEYS  OF  THE REPOWERING AND LOCAL MITIGATION FUND SHALL BE
AVAILABLE,  BEFORE  ANY  OTHER  USE  OF  SUCH  FUNDS,  FOR  THE  PARTIAL
REIMBURSEMENT  FOR  A  PERIOD  OF  NO  MORE THAN FOUR CONSECUTIVE TAXING
YEARS, FOR A MUNICIPAL GOVERNMENT FISCALLY DISTRESSED FROM THE  LOSS  OF
PROPERTY  TAX  RECEIPTS,  INCLUDING, FOR THE PURPOSES OF THIS PARAGRAPH,
PAYMENTS IN LIEU OF TAXES, RESULTING IN WHOLE OR IN PART FROM THE CONSE-
QUENCES OF A FACILITY PRIMARILY FUNCTIONING AS A POWER GENERATING FACIL-
ITY LOSING SUBSTANTIAL RELATIVE MARKET COMPETITIVE VIABILITY, AND CONSE-
QUENTLY, LOSS IN THE PROPERLY ASCERTAINED ASSESSED VALUE DETERMINED  FOR
SUCH  FACILITY,  THROUGH  MEETING  THE  REQUIREMENTS  OF  A REDUCTION OF
COMPLIANCE ACCOUNTS EMISSIONS PURSUANT TO GUIDELINES IN PART TWO HUNDRED
FORTY-TWO OF CHAPTER THREE OF TITLE SIX OF THE  NEW  YORK  STATE  CODES,
RULES  AND  REGULATIONS.  THESE  MONEYS  SHALL ONLY BE AVAILABLE FOR THE
MITIGATION OF THE LOSS OF AD VALOREM REVENUES OF A MUNICIPALITY  IF  THE
ENTITY  GENERATING COMPLIANCE ACCOUNT EMISSIONS OF SUCH TAXPAYER'S ELEC-
TRIC GENERATING PROPERTY, WAS, AT ANY TIME  IN  THE  LAST  FOUR  TAXABLE
YEARS,  ASSESSED  AT  A LEVEL AT LEAST TEN PERCENT OF THE TOTAL ASSESSED
VALUE OF TAXABLE PROPERTY FOR SUCH MUNICIPAL GOVERNMENT FOR  THAT  GIVEN
YEAR;  PROVIDED  FURTHER,  THAT  NO REIMBURSEMENT SHALL BE MADE IF, IN A
MUNICIPAL TAX YEAR, THE AGGREGATE AMOUNT PAID TO A MUNICIPAL  GOVERNMENT
BY  THE  OWNER OF AN ELECTRIC GENERATING FACILITY STATION INCLUDING, BUT
NOT LIMITED TO, PAYMENTS IN LIEU OF TAXES AND PROPERTY TAXES, EXCEED THE
AGGREGATE AMOUNT PAID TO THAT MUNICIPALITY BY THAT OWNER IN THE YEAR  ON
OR  BEFORE  SUCH  COMPLIANCE  ACCOUNT EMISSIONS RESULTS IN A SUBSTANTIAL
ASSESSED VALUE. IF A MUNICIPALITY QUALIFIES FOR  THE  RECEIPT  OF  MITI-
GATION FUNDS UNDER THIS SECTION, THEN SUCH FUNDS CAN BE TRANSFERRED TO A
MUNICIPALITY NECESSARY TO REACH AN AMOUNT OF NO MORE THAN EIGHTY PERCENT
OF THE PREVIOUS YEAR'S AD VALOREM PAYMENT DUE TO SUCH MUNICIPALITY.
  (B)  IF  MONEYS  AVAILABLE IN THE REPOWERING AND LOCAL MITIGATION FUND
EXCEED THE PAYMENTS AUTHORIZED IN PARAGRAPH (A) OF THIS SUBDIVISION, ANY
REMAINING FUND RECEIPTS SHALL BE USED TO ENCOURAGE  THE  DEVELOPMENT  OF
ENERGY  GENERATING  SYSTEMS  MEETING THE DEFINITION OF "ALTERNATE ENERGY
PRODUCTION FACILITY" PURSUANT TO SUBDIVISION TWO-B OF SECTION TWO OF THE
PUBLIC SERVICE LAW, OR THAT ARE RELATED  TO  AN  APPLICATION  CONSISTENT
WITH  THE  REQUIREMENTS  OF PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION
ONE HUNDRED SIXTY-FIVE OF  THE  PUBLIC  SERVICE  LAW.  IN  LIEU  OF  THE
REQUIREMENTS FOR A THREE YEAR AVERAGE COMPARISON IN SUBPARAGRAPH (II) OF
PARAGRAPH  (B)  OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SIXTY-FIVE OF
THE PUBLIC SERVICE LAW, SUCH PROPOSED FACILITY CONNECTED TO AN  APPLICA-
TION  OTHERWISE  PURSUANT  TO  SECTIONS  ONE  HUNDRED SIXTY-FOUR AND ONE
HUNDRED SIXTY-FIVE OF THE PUBLIC  SERVICE  LAW  PROPOSING  A  REPOWERING
PROJECT  AT  THE  SITE OF AN EXISTING MAJOR ELECTRIC GENERATING FACILITY
THAT HAS RUN PRIMARILY IN THE MARKET AS A CAPACITY PAYMENT GENERATOR FOR
THE PREVIOUS TWO OR MORE YEARS SHALL BE DEEMED AS MEETING  THE  REQUIRE-
MENTS  OF  PARAGRAPH  (B)  OF  SUBDIVISION  FOUR  OF SECTION ONE HUNDRED
SIXTY-FIVE OF THE PUBLIC SERVICE LAW IF THE PROPOSED  FACILITY'S  FUTURE

S. 2608--C                         119

POTENTIAL TO EMIT FOR EACH CONTAMINANT WILL OPERATE UNDER TWENTY PERCENT
OF  THE  EXISTING  GENERATOR  OR  GENERATORS  ASSUMING SUCH PROPOSED AND
EXISTING GENERATOR OR GENERATORS WERE RUNNING AT AN ANNUAL  RATE  OF  AT
LEAST  SEVEN  THOUSAND  HOURS PER YEAR AND AT A NAMEPLATE CAPACITY OF AT
LEAST FOUR HUNDRED FIFTY MEGAWATTS.
  4. MONEYS IN THE FUND SHALL BE KEPT SEPARATELY FROM AND SHALL  NOT  BE
COMMINGLED  WITH  ANY  OTHER  MONEYS  IN  THE CUSTODY OF THE STATE COMP-
TROLLER.
  5. ALL PAYMENTS OF MONEYS FROM THE FUND SHALL BE MADE ON THE AUDIT AND
THE WARRANT OF THE COMPTROLLER.
  S 2. This act shall take effect immediately.

                                 PART KK

  Section 1. Subdivision 25 of  section  11-0103  of  the  environmental
conservation  law,  as  amended  by  chapter 595 of the laws of 1984, is
amended to read as follows:
  25. "Hunting accident" means the injury to or death of a person caused
by the discharge of a firearm, CROSSBOW, or  longbow  while  the  person
causing such injury or death, or the person injured or killed, is taking
or attempting to take game, wildlife or fish.
  S  2. Section 11-0713 of the environmental conservation law is amended
by adding a new subdivision 6 to read as follows:
  6. THE DEPARTMENT SHALL ADOPT REGULATIONS FOR TRAINING IN THE SAFE USE
OF HUNTING WITH A CROSSBOW AND  RESPONSIBLE  HUNTING  PRACTICES.    SUCH
TRAINING SHALL BE INCLUDED IN THE BASIC HUNTER EDUCATION COURSE REQUIRED
OF ALL NEW HUNTERS. UPON COMPLETION OF THE TRAINING BY AN INDIVIDUAL THE
DEPARTMENT  SHALL  PROVIDE DOCUMENTATION OF THE SUCCESSFUL COMPLETION OF
THE COURSE. ALL PERSONS WHO HAVE COMPLETED HUNTER EDUCATION PRIOR TO THE
DATE WHICH CROSSBOW TRAINING  HAS  BEEN  INCORPORATED  INTO  THE  HUNTER
EDUCATION  PROGRAM  SHALL  COMPLETE  AN ONLINE OR OTHER TRAINING PROGRAM
APPROVED BY THE DEPARTMENT PRIOR TO USING A CROSSBOW TO HUNT  BIG  GAME.
THE  DEPARTMENT MAY ADOPT RULES AND REGULATIONS AS NECESSARY TO DOCUMENT
COMPLETION OF THIS PROGRAM AND MAY REQUIRE   A PERSON  TO  POSSESS  SUCH
PROOF WHILE HUNTING WITH A CROSSBOW.
  S  3.  Paragraph a of subdivision 1 of section 11-0719 of the environ-
mental conservation law, as amended by chapter 176 of the laws of  1987,
is amended to read as follows:
  a.  In  the  circumstances described in paragraph b the department may
revoke any license or stamp, of any  person,  to  hunt,  fish  or  trap,
defined  in  section 11-0701 or issued pursuant to any provision of [the
Fish and Wildlife Law] THIS ARTICLE,  or  it  may  revoke  all  of  such
licenses  or  stamps.    It  may also deny such person, for a period not
exceeding five  years,  the  privilege  of  obtaining  such  license  or
licenses or stamp or stamps or of hunting, trapping or fishing, anywhere
in  the  state  with  or without license or stamp, except as provided in
subdivision 1 of section 11-0707 or in  section  11-0523.  It  may  also
require  that  such  person successfully complete a department-sponsored
course and obtain a certificate of qualification in responsible hunting,
[responsible] CROSSBOW HUNTING,  bowhunting  or  [responsible]  trapping
practices before being issued another license.
  S 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
of  the environmental conservation law, as amended by chapter 436 of the
laws of 2000, is amended to read as follows:
  (4) is convicted of an offense involving a violation  of  subdivisions
one  and  two  of  section 11-0901 of this article relating to taking of

S. 2608--C                         120

wildlife when the person taking is in or on a motor vehicle  while  such
motor vehicle is on a public highway or an offense involving a violation
of  subdivision  one of section 11-0901 of this article and subparagraph
one  of paragraph a of subdivision four of section 11-0931 of this arti-
cle relating to taking wildlife when the person taking is  in  or  on  a
motor  vehicle and discharging a firearm, CROSSBOW, or longbow in such a
way that the load or arrow passes over a public highway or a part there-
of or signs an acknowledgment of any such violation for the  purpose  of
affecting a settlement by civil compromise or by stipulation.
  S  5.  Subdivision 2 of section 11-0719 of the environmental conserva-
tion law, paragraph a as amended by chapter 119 of the laws of 1999, the
opening paragraph of paragraph a as amended by section 33 of part  F  of
chapter 82 of the laws of 2002, paragraph b as amended by chapter 269 of
the  laws  of 1975, paragraph c as amended by chapter 176 of the laws of
1987, and paragraph d as amended by chapter 595 of the laws of 1984,  is
amended to read as follows:
  2.  a.  The department may revoke the licenses, tags, and stamps which
authorize the holder to hunt and/or trap  wildlife,  and  may  deny  the
privilege  of obtaining such licenses, tags, and stamps and may deny the
privileges of hunting and/or trapping with or without a license.
  (1) of any person who, while engaged in hunting or trapping,
  (i) causes death or injury to another by discharging a firearm, CROSS-
BOW, or longbow, or
  (ii) so negligently discharges a firearm, CROSSBOW, or longbow  as  to
endanger the life or safety of another, or
  (iii)  so  negligently and wantonly discharges a firearm, CROSSBOW, or
longbow as to destroy or damage public or private property; or
  (2) of any agent of the department authorized to issue certificates of
qualification in responsible hunting, bowhunting, CROSSBOW  HUNTING,  or
trapping  practices  who  improperly  issues any such certification to a
person whom he has not trained, or whom he knows has not  satisfactorily
completed all of the requirements necessary for such certification.
  b.  Action  by  the  department  resulting  in  the revocation of such
license or denial of the privilege to hunt and trap as provided in  this
subdivision  shall  be  only after a hearing held by the department upon
notice to the offender, at which proof of facts indicating the violation
is established to the satisfaction of the commissioner or of the hearing
officer designated by him and concurred in by the commissioner. Provided
that where a person, while hunting, causes death or injury to any person
by discharge of a firearm, CROSSBOW, or longbow, the  commissioner  may,
in his discretion, suspend such person's license or licenses to hunt and
suspend such person's right to hunt without a license for a period of up
to sixty days pending a hearing as provided for in this subdivision.
  c.  In  case  such discharge of a firearm, CROSSBOW, or longbow causes
death or injury to another, the license or licenses shall be revoked and
the privilege of obtaining any such license and of hunting or  of  trap-
ping anywhere in the state with or without a license denied, for a peri-
od  not  exceeding ten years, except that no revocation shall be made in
cases in which facts established at the hearing indicate to  the  satis-
faction  of the commissioner that there was no negligence on the part of
the shooter or bowman. In all other cases the license or licenses  shall
be revoked and the privilege of obtaining such license and of hunting or
of trapping anywhere in the state with or without a license denied for a
period  not  exceeding  five years. The department may also require that
the person causing such death or injury successfully complete a  depart-
ment-sponsored  course  and  obtain  a  certificate  of qualification in

S. 2608--C                         121

responsible hunting, CROSSBOW HUNTING, or  bowhunting  practices  before
being issued another hunting license.
  d. Every person injuring himself, herself or another person in a hunt-
ing  accident,  as  such  term  is  defined in subdivision 25 of section
11-0103 of this chapter, and the investigating law  enforcement  officer
summoned  to  or arriving at the scene of such accident shall within ten
days from the occurrence of such accident file a report of the  accident
in  writing  with  the  department. Every such person or law enforcement
officer shall make such other and additional reports as  the  department
shall  require.    Failure to report such accident as herein provided by
the person causing injury or to furnish relevant information required by
the department shall be a violation and  shall  constitute  grounds  for
suspension or revocation of such person's hunting licenses and denial of
the privilege of obtaining any such license and of hunting with or with-
out  a  license following a hearing or opportunity to be heard. In addi-
tion, the department may temporarily suspend the license of  the  person
failing to report a hunting accident within the period prescribed herein
until  such  report  has  been filed. In the case of a non-resident, the
failure to report  an  accident  as  herein  provided  shall  constitute
grounds for suspension or revocation of his or her privileges of hunting
within  this state. The report required by this section shall be made in
such form and number as the department may prescribe.
  S 6. Paragraphs b and c of subdivision 4 of  section  11-0901  of  the
environmental conservation law, as amended by chapter 600 of the laws of
1993, subparagraph 5 of paragraph b and subparagraph 5 of paragraph c as
amended  by  chapter  430  of  the  laws of 2000, are amended to read as
follows:
  b. No person shall hunt deer:
  (1) with the aid of a dog, or aircraft of any kind; or
  (2) with the aid of a jacklight, spotlight, headlight or other type of
artificial light; or
  (3) with a pistol, revolver or rifle using rim-fire ammunition; or
  (4) with a shotgun of less than twenty gauge  or  loaded  with  shells
other  than  shells  each carrying a single round ball or a single slug,
provided however, the use of a shotgun of twenty gauge or larger  having
a  rifled  barrel  or  a  smooth bore barrel fitted with a rifled choke,
loaded with shells each carrying a single round ball or a  single  slug,
shall  not  be  prohibited  so long as only shells having a non-metallic
case, except for the base, are used; or
  (5) with [a bow other than] a long bow with a draw weight [in  excess]
of LESS THAN thirty-five pounds; or
  (6)  with  an  arrow OR BOLT with an arrowhead that measures less than
seven-eighths of an inch at its widest point or that has fewer than  two
sharp cutting edges; or
  (7) with the aid of a pre-established bait pile other than those areas
established by standard agricultural production practices; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
  c. No person shall hunt bear:
  (1) with the aid of a dog, or aircraft of any kind; or
  (2) with the aid of a jacklight, spotlight, headlight or other type of
artificial light; or
  (3) with a pistol, revolver or rifle using rim-fire ammunition; or
  (4)  with  a  shotgun  of less than twenty gauge or loaded with shells
other than shells each carrying a single round ball or  a  single  slug,
provided  however, the use of a shotgun of twenty gauge or larger having
a rifled barrel or a smooth bore barrel  fitted  with  a  rifled  choke,

S. 2608--C                         122

loaded  with  shells each carrying a single round ball or a single slug,
shall not be prohibited so long as only  shells  having  a  non-metallic
case, except for the base, are used; or
  (5)  with [a bow other than] a long bow with a draw weight [in excess]
of LESS THAN thirty-five pounds; or
  (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
seven-eighths  of an inch at its widest point or that has fewer than two
sharp cutting edges; or
  (7) with the aid of a pre-established bait pile other than those areas
established by standard agricultural production practices; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
  S 7. Paragraph d of subdivision 4 of section 11-0901 of  the  environ-
mental  conservation law, as amended by chapter 600 of the laws of 1993,
is amended to read as follows:
  d. The use upon land inhabited by deer or bear of a  jacklight,  spot-
light  or  other  type  of  artificial  light by any person who is or is
accompanied by a person who is in possession, at the time of  such  use,
of  a  long bow, a crossbow or firearm of any kind, shall be presumptive
evidence that such person is hunting deer or bear with the aid  of  such
light, in violation of this subdivision, unless:
  (1)  such long bow is unstrung, or such a firearm OR CROSSBOW is taken
down, or securely fastened in a case, or locked in the trunk of a  vehi-
cle, or
  (2) the firearm is a pistol or revolver, or
  (3)  the  firearm  is  not  in  or  on  a motor vehicle and is a rifle
designed or adapted for use  of  rim-fire  ammunition  and  neither  the
person in possession of the gun, nor any member of his party, has in his
possession any twenty-two caliber ammunition other than twenty-two cali-
ber rim-fire ammunition, or
  (4)  the  firearm is not in or on a motor vehicle and is a shotgun and
neither the person in possession of the  gun,  nor  any  member  of  his
party,  has  in  his possession ammunition other than shells loaded with
scatter shot of size number four or smaller.
  S 8. Section 11-0901 of the environmental conservation law is  amended
by adding a new subdivision 17 to read as follows:
  17.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS ARTICLE, THE
DEPARTMENT MAY, BY REGULATION, AUTHORIZE THE TAKING OF WILDLIFE  BY  THE
USE  OF A CROSSBOW BY ANY LICENSED PERSON IN ANY OPEN SEASON, EXCEPT THE
USE OF CROSSBOWS SHALL NOT BE PERMITTED IN CITIES OF ONE MILLION OR MORE
OR THE COUNTIES OF NASSAU AND SUFFOLK.
  S 9. Subdivision 2 of section 11-0931 of the  environmental  conserva-
tion law, as amended by section 7 of part H of chapter 58 of the laws of
2012, is amended to read as follows:
  2. No firearm OR CROSSBOW except a pistol or revolver shall be carried
or  possessed  in  or  on  a  motor vehicle unless it is unloaded, FOR A
FIREARM in both the chamber and  the  magazine,  except  that  a  loaded
firearm which may be legally used for taking migratory game birds may be
carried  or possessed in a motorboat while being legally used in hunting
migratory game birds, and no person except a law enforcement officer  in
the  performance  of  his  official duties shall, while in or on a motor
vehicle, use a jacklight, spotlight or other artificial light upon lands
inhabited by deer if he is in possession or is accompanied by  a  person
who is in possession, at the time of such use, of a longbow, crossbow or
a  firearm  of any kind except a pistol or revolver, unless such longbow
is unstrung or such firearm  OR  CROSSBOW  is  taken  down  or  securely
fastened  in  a case or locked in the trunk of the vehicle. For purposes

S. 2608--C                         123

of this subdivision, motor vehicle shall mean  every  vehicle  or  other
device  operated  by  any power other than muscle power, and which shall
include but not be limited to automobiles,  trucks,  motorcycles,  trac-
tors,  trailers  and  motorboats, snowmobiles and snowtravelers, whether
operated on or off public highways. Notwithstanding  the  provisions  of
this subdivision, the department may issue a permit to any person who is
non-ambulatory,  except  with  the use of a mechanized aid, to possess a
loaded firearm in or on a motor vehicle  as  defined  in  this  section,
subject to such restrictions as the department may deem necessary in the
interest   of  public  safety.  Nothing  in  this  section  permits  the
possession of a pistol or a revolver contrary to the penal law.
  S 10.  Subdivision 4 of section 11-0931 of the environmental conserva-
tion law, subparagraph 3 of paragraph a as added by chapter 400  of  the
laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
the laws of 1976, is amended to read as follows:
  4. a. No person shall:
  (1)  discharge  a  firearm, CROSSBOW or long bow in such a way as will
result in the load, BOLT or arrow thereof passing over a public  highway
or any part thereof;
  (2) discharge a firearm, CROSSBOW or long bow within five hundred feet
from a dwelling house, farm building or farm structure actually occupied
or  used,  school  building,  school  playground, or occupied factory or
church;
  (3) use a firearm, CROSSBOW or a long bow for the hunting of migratory
game birds in Larchmont Harbor, specifically those portions  bounded  by
the following points of land:
  BEGINNING  AT  A  POINT  KNOWN  AS UMBRELLA POINT ON THE EAST SHORE OF
LARCHMONT HARBOR THEN PROCEEDING  IN  A  NORTHERLY  DIRECTION  TO  CEDAR
ISLAND;  THENCE  NORTHWESTERLY  TO MONROE INLET; THENCE NORTHEASTERLY TO
DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A  SOUTHWESTERLY
DIRECTION  FROM  DELANCY  COVE TO GREACEN POINT; THENCE RUNNING THE AREA
BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST;  THENCE
SOUTHEAST  THEN  ALONG  THE  WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
  (4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra-
tory game birds in Udall's Cove, specifically those portions  of  Little
Neck  Bay within Nassau and Queens counties lying east of a line running
north from the foot of Douglaston Parkway to the shore opposite.
  b. The prohibitions contained in subparagraph 2 of paragraph  a  above
shall not apply to:
  (1) The owner or lessee of the dwelling house, or members of his imme-
diate  family  actually  residing therein, or a person in his employ, or
the guest of the owner or lessee of the dwelling house acting  with  the
consent  of  said owner or lessee, provided however, that nothing herein
shall be deemed to authorize such persons to discharge a firearm, CROSS-
BOW or longbow within five hundred feet of any other dwelling house,  or
a farm building or farm structure actually occupied or used, or a school
building or playground or occupied factory or church;
  (2)  Programs  conducted  by  public  schools offering instruction and
training in the use of firearms, CROSSBOW or long bow;
  (3) The authorized use of a pistol, rifle or  target  range  regularly
operated  and maintained by a police department or other law enforcement
agency or by any duly organized membership corporation;
  (4) The discharge of a shotgun over water by a person hunting migrato-
ry game birds if no dwelling house or  public  structure,  livestock  or

S. 2608--C                         124

person  is situated in the line of discharge less than five hundred feet
from the point of discharge.
  S 11.  Paragraph c of subdivision 5 of section 11-0931 of the environ-
mental  conservation law, as amended by chapter 309 of the laws of 2006,
is amended to read as follows:
  c. In the Northern Zone no person, while engaged in hunting  with  the
aid of a dog or while afield accompanied by a dog, shall possess a rifle
larger  than  .22 caliber using rim-fire ammunition or possess a shotgun
loaded with a slug, ball or buckshot, OR POSSESS A  CROSSBOW;  but  this
paragraph  does  not apply to persons, engaged in coyote hunts with dogs
during any open season on coyotes established pursuant to the provisions
of section 11-0903.
  S 12.  This act shall take effect immediately.

                                 PART LL

  Section 1. This act shall be known and may be cited as  the  "Rockland
Bergen Bi-state watershed flood prevention and protection act".
  S  2.   The legislature finds and declares that the states of New York
and New Jersey and their respective citizens share a common  concern  to
protect  their  personal  safety and property through the identification
and remediation of potential flood hazards  along  the  tributaries  and
watersheds  of  the Hackensack River, Mahwah River, Ramapo River, Saddle
River, and Sparkill Brook/Creek that cross the interstate border region.
The identification and remediation of potential flood hazards requires a
bi-state  comprehensive  approach.  A   bi-state   comprehensive   flood
prevention  approach  will also help ensure the preservation and mainte-
nance of the environmentally beneficial impacts of the  tributaries  and
watersheds  of  the Hackensack River, Mahwah River, Ramapo River, Saddle
River, and Sparkill Brook/Creek.   A bi-state  approach  will  encourage
open  space  and  recreational  opportunities  along the tributaries and
watersheds of the Hackensack River, Mahwah River, Ramapo  River,  Saddle
River,  and  Sparkill  Brook/Creek.  The  legislature further finds that
there has been a long history  of  cooperation  among  state  and  local
governmental  entities and various private organizations and individuals
in the vicinity of the tributaries  and  watersheds  of  the  Hackensack
River,   Mahwah   River,   Ramapo  River,  Saddle  River,  and  Sparkill
Brook/Creek.
  The legislature therefore determines that there is a need  to  endorse
and formalize that bi-state cooperative effort to identify and remediate
potential  flood  hazards  and to protect the natural, scenic and recre-
ational opportunities of the tributaries and watersheds of  the  Hacken-
sack  River,  Mahwah  River,  Ramapo  River,  Saddle River, and Sparkill
Brook/Creek. The legislature further determines that the creation  of  a
bi-state  commission  is  an  appropriate means to accomplish these very
important goals.
  S 3. As used in this act, "Bi-state region" shall mean the tributaries
and watersheds of the Hackensack  River,  Mahwah  River,  Ramapo  River,
Saddle  River, and Sparkill Brook/Creek, within the counties of Rockland
in New York and Bergen in New Jersey.   "Resident voter" shall  mean  an
individual  registered  to  vote  and  who actually votes in an election
district within the county of Rockland in New  York  or  the  county  of
Bergen in New Jersey.
  S  4.  a.   There is hereby created the Rockland Bergen Bi-state river
commission, which shall be  comprised  of  twelve  voting  members.  Six
members  of  New  York  shall  be appointed as follows: one each, by the

S. 2608--C                         125

governor, the temporary president of the  senate,  the  speaker  of  the
assembly,  the minority leader of the senate, and the minority leader of
the assembly, of New York, all of whom shall be resident voters  of  the
county of Rockland, New York; and the commissioner of the New York state
department  of  environmental  conservation  or  a designee thereof, who
shall serve ex officio.  Six members of New Jersey shall be appointed as
follows: one each, by the  governor,  the  temporary  president  of  the
senate,  the speaker of the assembly, the minority leader of the senate,
and the minority leader of the assembly, of  New  Jersey,  all  of  whom
shall  be  resident  voters  from either the county of Bergen, Essex, or
Hudson; and the commissioner of the New Jersey  department  of  environ-
mental  protection  or  a  designee thereof, who shall serve ex officio.
Additionally, the commission shall include six non  voting  members,  as
follows:  the commissioner of the New York state department of transpor-
tation  or  a  designee thereof, who shall serve ex officio; the commis-
sioner of the New Jersey department  of  transportation  or  a  designee
thereof,  who shall serve ex officio; the county executive of the county
of Rockland in New York or a designee thereof who shall serve  ex  offi-
cio;  the  county  executive of the county of Bergen in New Jersey, or a
designee thereof, who shall serve ex officio; a representative of United
Water Inc. or its successor; and a representative of the  United  States
Army Corps of Engineers.
  b.  Vacancies  in  the  appointed positions on the commission shall be
filled in the same manner as the original appointments were made.
  c. Members of the commission shall serve without compensation, but the
commission  may  reimburse  members  for  actual  expenses   necessarily
incurred in the discharge of their official duties.
  d.  Members of the commission shall serve at the pleasure of the rele-
vant appointing authority.
  S 5. a. The commission shall organize as soon as  may  be  practicable
after  the appointment of its members, and shall select two co-chairper-
sons from its members, one from each state, and a secretary who need not
be a member.
  b. The commission shall meet regularly as it may  determine.  Meetings
of  the commission shall be at such times and places as the co-chairper-
sons of the commission deem appropriate, but to the maximum extent prac-
ticable and feasible, shall be rotated between  the  two  states  on  an
alternating  basis.  Meetings held in New Jersey shall be subject to the
provisions and requirements of the "Senator Byron M.  Baer  Open  Public
Meetings  Act,"  P.L.  1975, c. 231 (C.10:4-6 et seq.). Meetings held in
New York shall be subject to the provisions  and  requirements  of  that
state's  open  meetings  law, article 7 of the public officers law.  The
commission shall also meet at the call of either co-chairperson.
  c. A majority of the voting membership of the commission shall consti-
tute a quorum for the transaction of commission business.  Action may be
taken and motions and resolutions adopted by the commission at any meet-
ing thereof by the affirmative vote of seven members of the commission.
  d. The commission shall request assistance, and the services of,  such
employees  of  the two states, or any political subdivisions, instrumen-
talities, entities, agencies, or authorities thereof, as it may  require
and  as  may be made available to it for the purpose of carrying out its
duties under this act. If requested by the commission,  the  New  Jersey
department of environmental protection and the New York state department
of environmental conservation shall provide primary staff support.

S. 2608--C                         126

  e.  The  commission may employ such professional, technical, and cler-
ical staff and incur such traveling and other miscellaneous expenses  as
it may deem necessary in order to perform its duties.
  S 6. The duties of the commission shall be to:
  a.  assess  present  and  projected  development,  land  use, and land
management practices and patterns, and  identify  actual  and  potential
environmental  threats  and  problems,  around  the bi-state region, and
determine the effects of those  practices  and  patterns,  threats,  and
problems  upon  the  natural,  scenic, and recreational resources of the
bi-state region;
  b. develop recommended  regulations,  procedures,  policies,  planning
strategies,  and  model  ordinances  and  resolutions  pertaining to the
protection, preservation, maintenance, management,  and  enhancement  of
the  bi-state  region  which  would  be  implemented as appropriate on a
voluntary basis by those municipalities within the bi-state region;
  c.  coordinate  environmental  cleanup,  maintenance,  and  protection
efforts  undertaken,  for  the benefit of the bi-state region by munici-
palities within the bi-state region;
  d.  coordinate with the New York  state  department  of  environmental
conservation  and the New Jersey department of environmental protection,
including but not limited to, their watershed management  programs,  the
United  States Army Corps of Engineers and all municipalities within the
bi-state region.
  e. recommend appropriate state legislation and  administrative  action
pertaining to the protection, preservation, maintenance, management, and
enhancement of the bi-state region;
  f.  advocate, and where appropriate, act as a coordinating, distribut-
ing, or recipient agency for, federal,  state,  or  private  funding  of
environmental   cleanup,   maintenance,   protection   projects,   flood
prevention projects  and  flood  hazard  remediation  for  the  bi-state
region, which projects may include the work of the commission;
  g.  identify  existing  and  projected  flood  hazards in the bi-state
region;
  h. recommend, propose and coordinate a bi-state comprehensive plan  to
remediate  existing  and projected flood hazards in the bi-state region;
and
  i. take such other action  as  may  be  appropriate  or  necessary  to
further the purpose of this act.
  S 7.  The commission shall, within 18 months of the date it organizes,
and  annually  thereafter,  prepare a progress report on its activities,
and submit it, together with any recommendations for legislation, admin-
istrative action, or action by local governments, to the  governors  and
legislatures of the states of New Jersey and New York.
  S 8. The comptroller of the state of New Jersey and the comptroller of
the  state  of New York are hereby authorized and empowered from time to
time to examine the accounts and books of the commission, including  its
receipts, disbursements, and such other items referring to its financial
standing  as such comptrollers may deem proper and to report the results
of such examination to their respective governor and legislature.
  S 9. This act shall take effect upon the enactment  into  law  by  the
state  of  New Jersey of legislation having substantially similar effect
with this act, but if the state of New Jersey shall have already enacted
such legislation, this act shall take effect immediately; provided  that
the  Rockland Bergen Bi-state river commission shall notify the legisla-
tive bill drafting commission upon the occurrence of  the  enactment  of
the  legislation  provided for in this act in order that the legislative

S. 2608--C                         127

bill drafting commission may maintain an accurate and  timely  effective
data  base  of the official text of the laws of the state of New York in
furtherance of effecting the provisions of section 44 of the legislative
law and section 70-b of the public officers law.

                                 PART MM

  Section  1.  Section  19-0301 of the environmental conservation law is
amended by adding a new subdivision 6 to read as follows:
  6. IN ADDITION TO ANY EXISTING AUTHORITY FOR THE REGULATION OF  GREEN-
HOUSE  GAS  EMISSIONS,  THE  DEPARTMENT  SHALL,  IN COOPERATION WITH THE
DEPARTMENT OF PUBLIC SERVICE AND THE NEW YORK STATE ENERGY RESEARCH  AND
DEVELOPMENT  AUTHORITY, AMEND PART 242 OF TITLE 6 OF THE NEW YORK CODES,
RULES AND REGULATIONS, IN A MANNER THAT IS CONSISTENT WITH ALL  APPLICA-
BLE  FEDERAL  LAWS, TO REGULATE ELECTRICITY IMPORTED INTO THE STATE FROM
ANY STATE OR PROVINCE NOT PARTICIPATING IN THE MULTI-STATE  PROGRAM,  IN
WHICH  NEW  YORK  STATE IS A MEMBER, THAT WAS ESTABLISHED TO PROVIDE FOR
THE REDUCTION OF  EMISSIONS  FROM  ELECTRIC  GENERATING  FACILITIES,  AS
PROVIDED  IN  SUCH  PART  242. THESE REGULATIONS SHALL IMPOSE EQUIVALENT
ASSESSMENTS AND CREDITS UPON ELECTRIC GENERATORS BASED ON  MATCHING  THE
CARBON  INTENSITY  OF  ELECTRICITY  GENERATED IN NEW YORK STATE UPON THE
IMPORTATION OF ELECTRIC POWER INTO NEW YORK STATE  FOR  USE  WITHIN  NEW
YORK  STATE.  TREATMENT  OF  IMPORTED  SOURCES  OF  ELECTRICITY  WILL BE
DESIGNED TO MAINTAIN THE ENVIRONMENTAL INTEGRITY AND ECONOMIC  GOALS  OF
THE  MULTI-STATE  PROGRAM  IN WHICH NEW YORK STATE PARTICIPATES THAT WAS
ESTABLISHED AS A MEANS OF REDUCING EMISSIONS  FROM  ELECTRIC  GENERATING
FACILITIES AS PROVIDED IN SUCH PART 242. AMENDMENTS TO PART 242 OF TITLE
6  OF THE NEW YORK CODES, RULES AND REGULATIONS COVERING THE IMPORTATION
OF ELECTRIC GENERATED POWER SHALL BE  CONSISTENT  WITH,  BUT  SHALL  NOT
EXCEED,  THE  OVERALL  REDUCTION IN ALLOCATIONS ESTABLISHED ACCORDING TO
THE MOST CURRENT MODEL RULE  GUIDING  THE  MEMBERS  OF  THE  MULTI-STATE
PROGRAM IN WHICH NEW YORK STATE IS A PARTICIPANT.
  S 2. This act shall take effect immediately.

                                 PART NN

  Section  1.  Subdivision  2  of  section  27-1405 of the environmental
conservation law, as amended by section 2 of part A of  chapter  577  of
the laws of 2004, is amended to read as follows:
  2.  (A)  "Brownfield site" or "site" shall mean any real property, the
redevelopment or reuse of which [may be] IS complicated  by  the  GROUND
SURFACE  OR BELOW GROUND SURFACE LEVEL presence or [potential] SUSPECTED
presence of a contaminant REGARDLESS OF THE SOURCE OF SUCH  CONTAMINANT.
A BROWNFIELD SITE IS CHARACTERIZED BY ANY OR ALL OF THE FOLLOWING:
  (I)  A  CURRENT  AND  HISTORICAL  LEGACY  OF ABANDONMENT FROM PREVIOUS
INDUSTRIAL OR COMMERCIAL ACTIVITY.
  (II) A CURRENT AND HISTORICAL LEGACY OF SEVERE ECONOMIC OR  FUNCTIONAL
UNDERUTILIZATION  INCLUDING  USE  OF  SUCH  SITE AS A HAZARDOUS WASTE OR
SOLID WASTE FACILITY.
  (III) IN THE CASE OF A  SITE  CHARACTERIZED  PRIMARILY  BY  INDUSTRIAL
ACTIVITY, FUNCTIONAL OBSOLESCENCE.
  (B) Such term shall not include real property:
  [(a)]  (I) listed in the registry of inactive hazardous waste disposal
sites under section 27-1305 of this article at the time  of  application
to  this program and given a classification as described in subparagraph
one or two of paragraph b of subdivision two of section 27-1305 of  this

S. 2608--C                         128

article;  provided,  however except until July first, two thousand five,
real property  listed  in  the  registry  of  inactive  hazardous  waste
disposal  sites under subparagraph two of paragraph b of subdivision two
of  section  27-1305 of this article prior to the effective date of this
article, where such real property is owned by a volunteer shall  not  be
deemed ineligible to participate and further provided that the status of
any  such  site  as listed in the registry shall not be altered prior to
the issuance of a certificate of completion pursuant to section  27-1419
of this title;
  [(b)]  (II)  listed  on the national priorities list established under
authority of 42 U.S.C. section 9605;
  [(c)] (III) subject to an enforcement action under title seven or nine
of this article, [except]  OR  PERMITTED  AS  a  treatment,  storage  or
disposal  facility  [subject to a permit]; provided, that nothing herein
contained shall be deemed otherwise to exclude from  the  scope  of  the
term  "brownfield site" a hazardous waste treatment, storage or disposal
facility having interim status according to regulations  promulgated  by
the commissioner;
  [(d)]  (IV) subject to an order for cleanup pursuant to article twelve
of the navigation law or pursuant to title ten of article  seventeen  of
this  chapter  except such property shall not be deemed ineligible if it
is subject to a stipulation agreement; or
  [(e)] (V) subject to any other on-going state or federal environmental
enforcement action related to the contamination which is at or emanating
from the site subject to the present application.
  (VI) PROVIDED HOWEVER FOR OTHERWISE INELIGIBLE SITES GIVEN  A  CLASSI-
FICATION  AS  DESCRIBED  IN  SUBPARAGRAPH TWO OR THREE OF PARAGRAPH B OF
SUBDIVISION TWO OF SECTION 27-1305 OF THIS ARTICLE, AND INELIGIBLE SITES
DESCRIBED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH, A VOLUNTEER SHALL NOT
BE DEEMED INELIGIBLE TO PARTICIPATE IN REGARDS TO  ANY  SUCH  INELIGIBLE
SITE  IF SUCH VOLUNTEER INTENDS TO ACQUIRE AND REDEVELOP SUCH REAL PROP-
ERTY AND ASSUME RESPONSIBILITY, NOT FOR PAST COSTS INCURRED PRIOR TO THE
APPLICATION, BUT FOR ALL FUTURE COSTS TO COMPLETE ANY REMAINING INVESTI-
GATION AND REMEDIATION UPON ACQUISITION OF SUCH REAL PROPERTY, OR  MAIN-
TAIN  LONG  TERM INSTITUTIONAL AND ENGINEERING CONTROLS OF THE SITE, AND
IMPLEMENT A REDEVELOPMENT PROJECT ON THE SITE, THE SITE CONFORMS TO  THE
DEFINITION  OF  A  BROWNFIELD SITE IN PARAGRAPH (A) OF THIS SUBDIVISION,
AND ENTERS INTO  A  BROWNFIELD  CLEANUP  AGREEMENT  IN  ACCORDANCE  WITH
SECTION  27-1409 OF THIS TITLE. ANY ON-GOING STATE ACTIONS AND/OR ORDERS
WILL NOT BE SUPERSEDED BY THE VOLUNTEER'S BROWNFIELD CLEANUP  AGREEMENT,
BUT  WILL  REMAIN IN FULL FORCE AND EFFECT UNTIL SUCH TIME AS THE VOLUN-
TEER RECEIVES A CERTIFICATE OF COMPLETION PURSUANT TO SECTION 27-1419 OF
THIS TITLE AND THEREAFTER TO THE  EXTENT  THE  VOLUNTEER  OR  SUBSEQUENT
OWNER  OR  OPERATOR  FAIL  TO  COMPLY WITH THE TERMS OF AN ENVIRONMENTAL
EASEMENT IF ONE HAD BEEN CREATED PURSUANT TO TITLE THIRTY-SIX OF ARTICLE
SEVENTY-ONE, OR AN ENVIRONMENTAL COVENANT AS OF THIS CHAPTER PURSUANT TO
TITLE FORTY-FIVE OF ARTICLE SEVENTY-ONE OF THIS CHAPTER.  IN  THE  EVENT
THE  VOLUNTEER  DOES  NOT  RECEIVE THE CERTIFICATE OF COMPLETION OR SUCH
CERTIFICATE OF COMPLETION IS REVOKED FOR ANY REASON, ANY AND  ALL  STATE
ENFORCEMENTS  ACTION  IMMEDIATELY WILL RESUME AFTER TIMELY NOTICE TO ALL
PARTIES.
  S 2. The opening paragraph of subdivision 2 of section 27-1409 of  the
environmental  conservation  law  is  designated paragraph (a) and a new
paragraph (b) is added to read as follows:
  (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  ALL  APPLI-
CANTS  ACCEPTING  PARTICIPATION  IN THE BROWNFIELD CLEANUP PROGRAM SHALL

S. 2608--C                         129

PAY ALL REASONABLE STATE COSTS, HOWEVER,  SUCH  STATE  COSTS  SHALL  NOT
EXCEED  FIVE  PERCENT OF THE TOTAL SITE PREPARATION COSTS, AS DEFINED BY
PARAGRAPH TWO OF SUBDIVISION (B) OF SECTION TWENTY-ONE OF THE  TAX  LAW,
PAID  OR INCURRED BY THE APPLICANT, AND THE TOTAL STATE COSTS OWED SHALL
BE PAYABLE UPON NINETY DAYS OF, (I) THE ISSUANCE OF THE  CERTIFICATE  OF
COMPLETION FOR THE PROJECT, OR, (II) UPON TERMINATION OF A PARTICIPANT'S
BROWNFIELD  CLEANUP  AGREEMENT BY THE DEPARTMENT FOR FAILURE TO SUBSTAN-
TIALLY COMPLY WITH SUCH AGREEMENT'S TERMS AND CONDITIONS, OR (III),  THE
VOLUNTARY WITHDRAWAL OF THE APPLICANT.  FAILURE TO REMIT DUE PAYMENTS TO
THE  STATE  SHALL  RESULT  IN  THE  REVOCATION  OF  SUCH  CERTIFICATE OF
COMPLETION, AND WILL PROHIBIT ANY FUTURE PARTICIPATION OF  AN  APPLICANT
IN  THE  PROGRAM.  PAYMENT OF STATE COSTS SHALL BE MADE TO THE HAZARDOUS
WASTE REMEDIAL FUND ESTABLISHED PURSUANT TO  SECTION  NINETY-SEVEN-B  OF
THE STATE FINANCE LAW.
  S  3.  Article  71 of the environmental conservation law is amended by
adding a new title 45 to read as follows:
                                TITLE 45
                         ENVIRONMENTAL COVENANTS
SECTION 71-4501. SHORT TITLE.
        71-4503. DECLARATION OF POLICY AND STATEMENT OF PURPOSE.
        71-4505. DEFINITIONS.
        71-4507. NATURE OF RIGHTS; SUBORDINATION OF INTERESTS.
        71-4509. CONTENTS OF ENVIRONMENTAL COVENANT.
        71-4511. VALIDITY; EFFECT ON OTHER INSTRUMENTS.
        71-4513. RELATIONSHIP TO OTHER LAND USE LAW.
        71-4515. NOTICE.
        71-4517. RECORDING.
        71-4519. COORDINATION WITH LOCAL GOVERNMENTS.
        71-4521. DURATION.
        71-4523. AMENDMENT OR TERMINATION BY CONSENT.
        71-4525. ENFORCEMENT OF ENVIRONMENTAL COVENANT.
        71-4527. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
        71-4529. REGULATIONS.
        71-4531. SEVERABILITY.
S 71-4501. SHORT TITLE.
  THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS  THE  "UNIFORM  ENVIRON-
MENTAL COVENANTS ACT".
S 71-4503. DECLARATION OF POLICY AND STATEMENT OF PURPOSE.
  THE LEGISLATURE HEREBY FINDS AND DECLARES THAT CONTAMINATED SITE REME-
DIAL  PROGRAMS  ARE  AN IMPORTANT AND NECESSARY COMPONENT OF THE STATE'S
POLICY OF RESTORING AND REVITALIZING REAL  PROPERTY  LOCATED  THROUGHOUT
NEW YORK STATE. THE LEGISLATURE FURTHER FINDS THAT WHEN AN ENVIRONMENTAL
REMEDIATION  PROJECT  LEAVES  RESIDUAL CONTAMINATION AT LEVELS THAT HAVE
BEEN DETERMINED TO BE SAFE FOR A SPECIFIC USE,  BUT  NOT  ALL  USES,  OR
INCLUDES  ENGINEERED  STRUCTURES  THAT  MUST  BE MAINTAINED OR PROTECTED
AGAINST DAMAGE TO BE EFFECTIVE, IT IS NECESSARY TO PROVIDE AN  EFFECTIVE
AND  ENFORCEABLE MEANS OF ENSURING THE PERFORMANCE OF MAINTENANCE, MONI-
TORING  OR  OPERATION  REQUIREMENTS,  AND  OF  ENSURING  THE   POTENTIAL
RESTRICTION OF FUTURE USES OF THE LAND, INCLUDING RESTRICTIONS ON DRILL-
ING  FOR  OR  PUMPING  GROUNDWATER,  FOR AS LONG AS ANY RESIDUAL CONTAM-
INATION REMAINS HAZARDOUS. THE LEGISLATURE DECLARES, THEREFORE, THAT  IT
IS  IN  THE  PUBLIC  INTEREST TO CREATE LAND USE CONTROLS IN THE FORM OF
ENVIRONMENTAL COVENANTS BECAUSE SUCH ENVIRONMENTAL COVENANTS ARE  NECES-
SARY  FOR  THE  PROTECTION  OF  HUMAN  HEALTH AND THE ENVIRONMENT AND TO
ACHIEVE THE REQUIREMENTS FOR  REMEDIATION  ESTABLISHED  AT  CONTAMINATED
SITES.  IT  IS THE INTENT OF THE LEGISLATURE THAT THE PROVISIONS OF THIS

S. 2608--C                         130

SECTION SHALL NOT BE CONSTRUED AS LIMITING OR  OTHERWISE  AFFECTING  ANY
AUTHORITY CONFERRED UPON THE DEPARTMENT BY ANY OTHER PROVISION OF LAW.
S 71-4505. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1.  "ACTIVITY  AND  USE LIMITATIONS" MEANS RESTRICTIONS OR OBLIGATIONS
CREATED UNDER THIS TITLE WITH RESPECT TO REAL PROPERTY.
  2. "AFFECTED LOCAL GOVERNMENT" MEANS EVERY MUNICIPALITY IN WHICH  LAND
SUBJECT TO AN ENVIRONMENTAL COVENANT IS LOCATED.
  3.  "COMMON  INTEREST  COMMUNITY" MEANS A CONDOMINIUM, COOPERATIVE, OR
OTHER REAL PROPERTY ASSOCIATION OR ORGANIZATION WITH RESPECT TO WHICH  A
PERSON,  BY  VIRTUE  OF  THE  PERSON'S  COMMON INTEREST, AS THAT TERM IS
DEFINED IN SECTION THREE HUNDRED THIRTY-NINE-E OF THE REAL PROPERTY LAW,
OR OWNERSHIP OF A UNIT, SHARE OR PARCEL OF REAL PROPERTY,  IS  OBLIGATED
TO  PAY  PROPERTY  TAXES  OR  INSURANCE PREMIUMS, OR FOR MAINTENANCE, OR
IMPROVEMENT OF OTHER REAL PROPERTY DESCRIBED IN A  RECORDED  DECLARATION
OR COVENANT THAT CREATES THE COMMON INTEREST COMMUNITY.
  4.  "ENVIRONMENTAL  COVENANT"  MEANS A SERVITUDE RUNNING WITH THE LAND
ARISING UNDER AN ENVIRONMENTAL REMEDIAL PROGRAM  THAT  IMPOSES  ACTIVITY
AND  USE  LIMITATIONS  AS  WELL  AS MAINTENANCE, MONITORING OR OPERATION
REQUIREMENTS ASSOCIATED WITH THE ENVIRONMENTAL REMEDIAL PROGRAM.
  5. "ENVIRONMENTAL REMEDIAL PROGRAM" MEANS A REMEDIAL PROGRAM CONDUCTED
AT REAL PROPERTY:
  (A) UNDER A FEDERAL OR STATE PROGRAM GOVERNING  ENVIRONMENTAL  REMEDI-
ATION  OF  REAL PROPERTY, INCLUDING REMEDIAL PROGRAMS PURSUANT TO TITLES
THIRTEEN AND FOURTEEN OF ARTICLE TWENTY-SEVEN  OF  THIS  CHAPTER,  TITLE
FIVE  OF  ARTICLE  FIFTY-SIX  OF  THIS CHAPTER AND ARTICLE TWELVE OF THE
NAVIGATION LAW;
  (B) INCIDENT TO A DEPARTMENT-APPROVED CLOSURE OF A SOLID OR  HAZARDOUS
WASTE MANAGEMENT UNIT;
  (C)  UNDER  A CORRECTIVE ACTION PLAN PURSUANT TO TITLE NINE OF ARTICLE
TWENTY-SEVEN OF THIS CHAPTER; OR
  (D) UNDER OTHER DEPARTMENT REMEDIAL PROGRAMS.
  6. "HOLDER" MEANS THE GRANTEE OF AN ENVIRONMENTAL COVENANT  AS  SPECI-
FIED IN SUBDIVISION ONE OF SECTION 71-4507 OF THIS TITLE.
  7.  "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST, ESTATE,
TRUST,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  ASSOCIATION,   JOINT
VENTURE, PUBLIC CORPORATION, GOVERNMENT, GOVERNMENTAL SUBDIVISION, AGEN-
CY, OR INSTRUMENTALITY, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
  8.  "RECORD", USED AS A NOUN, MEANS INFORMATION THAT IS INSCRIBED ON A
TANGIBLE MEDIUM OR THAT IS STORED IN AN ELECTRONIC OR OTHER  MEDIUM  AND
IS RETRIEVABLE IN PERCEIVABLE FORM.
S 71-4507. NATURE OF RIGHTS; SUBORDINATION OF INTERESTS.
  1. THE DEPARTMENT SHALL BE A HOLDER AND MAY IDENTIFY ONE OR MORE ADDI-
TIONAL HOLDERS OR BENEFICIARIES. THE INTEREST OF A HOLDER IS AN INTEREST
IN REAL PROPERTY.
  2.  A RIGHT OF THE DEPARTMENT OR OTHER INTENDED BENEFICIARY UNDER THIS
TITLE OR UNDER AN ENVIRONMENTAL COVENANT, OTHER THAN A RIGHT AS A  HOLD-
ER, IS NOT AN INTEREST IN REAL PROPERTY.
  3. THE DEPARTMENT IS BOUND BY ANY OBLIGATION IT ASSUMES IN AN ENVIRON-
MENTAL  COVENANT,  BUT THE DEPARTMENT DOES NOT ASSUME OBLIGATIONS MERELY
BY SIGNING AN ENVIRONMENTAL COVENANT. ANY OTHER  PERSON  THAT  SIGNS  AN
ENVIRONMENTAL COVENANT IS BOUND BY THE OBLIGATIONS THE PERSON ASSUMES IN
THE  COVENANT,  BUT  SIGNING  THE  COVENANT DOES NOT CHANGE OBLIGATIONS,
RIGHTS, OR PROTECTIONS GRANTED OR IMPOSED  UNDER  LAW  OTHER  THAN  THIS
TITLE EXCEPT AS PROVIDED IN THE COVENANT.

S. 2608--C                         131

  4.  THE  FOLLOWING RULES APPLY TO INTERESTS IN REAL PROPERTY IN EXIST-
ENCE AT THE TIME AN ENVIRONMENTAL COVENANT IS CREATED OR AMENDED:
  (A)  AN  INTEREST THAT HAS PRIORITY UNDER OTHER LAW IS NOT AFFECTED BY
AN ENVIRONMENTAL COVENANT UNLESS  THE  PERSON  THAT  OWNS  THE  INTEREST
SUBORDINATES THAT INTEREST TO THE COVENANT.
  (B) THIS TITLE DOES NOT REQUIRE A PERSON THAT OWNS A PRIOR INTEREST TO
SUBORDINATE THAT INTEREST TO AN ENVIRONMENTAL COVENANT OR TO AGREE TO BE
BOUND BY THE COVENANT.
  (C)  A  SUBORDINATION  AGREEMENT  MAY BE CONTAINED IN AN ENVIRONMENTAL
COVENANT COVERING REAL PROPERTY OR IN A SEPARATE RECORD. IF THE ENVIRON-
MENTAL COVENANT COVERS COMMONLY OWNED  PROPERTY  IN  A  COMMON  INTEREST
COMMUNITY,  THE  SUBORDINATE  AGREEMENT  OR  RECORD MAY BE SIGNED BY ANY
PERSON AUTHORIZED BY LAW, A RECORDED INSTRUMENT, OR THE GOVERNING  BOARD
OF THE OWNERS' ASSOCIATION TO BIND THE COMMON INTEREST COMMUNITY.
  (D)  AN  AGREEMENT  BY  A PERSON TO SUBORDINATE A PRIOR INTEREST TO AN
ENVIRONMENTAL COVENANT AFFECTS THE PRIORITY OF  THAT  PERSON'S  INTEREST
BUT  DOES  NOT BY ITSELF IMPOSE ANY AFFIRMATIVE OBLIGATION ON THE PERSON
WITH RESPECT TO THE ENVIRONMENTAL COVENANT.
  5. THE DEPARTMENT  MAY  REQUIRE  THAT  A  SUBORDINATION  AGREEMENT  BE
OBTAINED  AS  A  CONDITION  OF  ACCEPTING  AN  ENVIRONMENTAL COVENANT TO
PROTECT PUBLIC HEALTH AND THE ENVIRONMENT.
S 71-4509. CONTENTS OF ENVIRONMENTAL COVENANT.
  1. AN ENVIRONMENTAL COVENANT MUST BE  ON  A  FORM  PRESCRIBED  BY  THE
DEPARTMENT AND:
  (A) BE GRANTED BY THE TITLE OWNERS OF THE RELEVANT REAL ESTATE ONLY BY
AN  INSTRUMENT  THAT  COMPLIES WITH THE REQUIREMENTS OF SECTION 5-703 OF
THE GENERAL OBLIGATIONS LAW AND IS SIGNED AND ACKNOWLEDGED IN THE MANNER
OF A DEED TO BE RECORDED;
  (B) STATE THAT THE INSTRUMENT IS AN  ENVIRONMENTAL  COVENANT  EXECUTED
PURSUANT TO THIS TITLE;
  (C)  DESCRIBE THE PROPERTY ENCUMBERED BY THE ENVIRONMENTAL COVENANT BY
ADEQUATE LEGAL DESCRIPTION OR BY REFERENCE TO A RECORDED MAP SHOWING ITS
BOUNDARIES AND BEARING  THE  SEAL  AND  SIGNATURE  OF  A  LICENSED  LAND
SURVEYOR  OR, IF THE COVENANT ENCUMBERS THE ENTIRE PROPERTY DESCRIBED IN
A DEED  OF  RECORD,  THE  COVENANT  MAY  INCORPORATE  BY  REFERENCE  THE
DESCRIPTION IN SUCH DEED, OTHERWISE IT SHALL REFER TO THE LIBER AND PAGE
OF  THE DEED OR DEEDS OF THE RECORD OWNER OR OWNERS OF THE REAL PROPERTY
BURDENED BY THE ENVIRONMENTAL COVENANT;
  (D) DESCRIBE THE ACTIVITY AND USE LIMITATIONS ON THE REAL PROPERTY;
  (E) INCLUDE ANY ENGINEERING CONTROLS AND/OR MAINTENANCE  REQUIRED  FOR
THE  ENVIRONMENTAL COVENANT OR PROVIDE A REFERENCE TO PUBLICLY AVAILABLE
DOCUMENTS CONTAINING SUCH INFORMATION;
  (F) DESCRIBE THE REQUIREMENTS FOR NOTICE FOLLOWING TRANSFER OF A SPEC-
IFIED INTEREST IN, OR CONCERNING PROPOSED CHANGES IN  USE  OF,  APPLICA-
TIONS FOR BUILDING PERMITS FOR, OR PROPOSALS FOR ANY SITE WORK AFFECTING
THE CONTAMINATION ON THE PROPERTY SUBJECT TO THE COVENANT;
  (G)  DESCRIBE  THE  REQUIREMENTS  FOR  PERIODIC  REPORTING  DESCRIBING
COMPLIANCE WITH THE COVENANT;
  (H)  DESCRIBE  THE  RIGHTS  OF  ACCESS  TO  THE  PROPERTY  GRANTED  IN
CONNECTION WITH IMPLEMENTATION OR ENFORCEMENT OF THE COVENANT, INCLUDING
BUT  NOT  LIMITED  TO THE RIGHT OF AGENTS, EMPLOYEES, OR OTHER REPRESEN-
TATIVES OF THE STATE TO ENTER AND INSPECT THE PROPERTY  BURDENED  BY  AN
ENVIRONMENTAL COVENANT IN A REASONABLE MANNER AND AT REASONABLE TIMES TO
ASSURE COMPLIANCE WITH THE RESTRICTION;
  (I)  IDENTIFY  THE  DEPARTMENT  AS THE HOLDER AND, IF APPROPRIATE, THE
FEDERAL GOVERNMENT OR OTHER APPROPRIATE PARTY AS AN ADDITIONAL HOLDER OR

S. 2608--C                         132

INTENDED THIRD PARTY BENEFICIARY. IF THERE IS A HOLDER  IN  ADDITION  TO
THE  DEPARTMENT,  THE DEPARTMENT MUST APPROVE THE HOLDER, AND THE HOLDER
MUST AGREE TO THE TERMS OF THE COVENANT;
  (J)  INCLUDE  AN ACKNOWLEDGMENT BY THE DEPARTMENT OF ITS ACCEPTANCE OF
THE ENVIRONMENTAL COVENANT;
  (K) BE SIGNED BY EVERY HOLDER AND, UNLESS WAIVED  BY  THE  DEPARTMENT,
EVERY OWNER OF THE FEE SIMPLE OF THE REAL PROPERTY SUBJECT TO THE COVEN-
ANT;
  (L)  IDENTIFY  THE  NAME AND LOCATION OF ANY ADMINISTRATIVE RECORD FOR
THE ENVIRONMENTAL REMEDIAL PROGRAM REFLECTED IN THE ENVIRONMENTAL COVEN-
ANT;
  (M) INCLUDE AN AGREEMENT TO INCORPORATE, EITHER IN FULL OR  BY  REFER-
ENCE,  THE  ENVIRONMENTAL  COVENANT  IN  ANY  LEASES, LICENSES, OR OTHER
INSTRUMENTS GRANTING A RIGHT TO USE THE PROPERTY THAT MAY BE AFFECTED BY
SUCH COVENANT; AND
  (N) THE DEPARTMENT MAY REQUIRE THAT INFORMATION  DELINEATED  IN  PARA-
GRAPHS (D), (E), (F), (G) AND (H) OF THIS SUBDIVISION BE ENUMERATED IN A
SITE  MANAGEMENT  PLAN  IN  LIEU OF BEING SET FORTH IN THE ENVIRONMENTAL
COVENANT.
  2. IN ADDITION TO THE INFORMATION REQUIRED BY SUBDIVISION ONE OF  THIS
SECTION,  AN  ENVIRONMENTAL  COVENANT  MAY  CONTAIN  OTHER  INFORMATION,
RESTRICTIONS, AND REQUIREMENTS AGREED TO BY THE PERSONS WHO  SIGNED  IT,
INCLUDING ANY:
  (A) LIMITATION ON AMENDMENT OR TERMINATION OF THE COVENANT IN ADDITION
TO THOSE CONTAINED IN SECTIONS 71-4521 AND 71-4523 OF THIS TITLE; AND
  (B)  RIGHTS  OF  THE  HOLDER  IN  ADDITION TO ITS RIGHT TO ENFORCE THE
COVENANT PURSUANT TO SECTION 71-4525 OF THIS TITLE.
  3. IN ADDITION TO OTHER CONDITIONS FOR ITS  APPROVAL  OF  AN  ENVIRON-
MENTAL  COVENANT,  THE DEPARTMENT MAY REQUIRE THOSE PERSONS SPECIFIED BY
THE DEPARTMENT WHO HAVE INTERESTS IN  THE  REAL  PROPERTY  TO  SIGN  THE
COVENANT.
  4. THE TITLE OWNERS SHALL FURNISH TO THE DEPARTMENT ABSTRACTS OF TITLE
AND  OTHER  DOCUMENTS  SUFFICIENT  TO ENABLE THE DEPARTMENT TO DETERMINE
THAT THE ENVIRONMENTAL COVENANTS SHALL BE AN EFFECTIVE  AND  ENFORCEABLE
MEANS OF ENSURING:
  (A)  THE PERFORMANCE OF MAINTENANCE, MONITORING AND OPERATING REQUIRE-
MENTS; AND
  (B) ACTIVITIES AND USE LIMITATIONS.
  5. UNTIL SUCH TIME AS THE ENVIRONMENTAL COVENANT IS EXTINGUISHED,  THE
PROPERTY  DEED  AND ALL SUBSEQUENT INSTRUMENTS OF CONVEYANCE RELATING TO
THE SUBJECT PROPERTY SHALL STATE IN AT  LEAST  FIFTEEN-POINT  BOLD-FACED
TYPE:    "THIS  PROPERTY IS SUBJECT TO AN ENVIRONMENTAL COVENANT HELD BY
THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT  TO
TITLE 45 OF ARTICLE 71 OF THE ENVIRONMENTAL CONSERVATION LAW." THE PROP-
ERTY  DEED  AND ALL SUBSEQUENT INSTRUMENTS OF CONVEYANCE RELATING TO THE
PROPERTY ENCUMBERED BY THE COVENANT SHALL REFERENCE, BY  BOOK  AND  PAGE
NUMBER,  THE ENVIRONMENTAL COVENANT. SUCH DEED AND INSTRUMENT SHALL ALSO
SPECIFY THAT THE  ELIGIBLE  PROPERTY  IS  SUBJECT  TO  THE  RESTRICTIONS
CONTAINED  IN  SUCH COVENANT. AN INSTRUMENT FOR THE PURPOSE OF CREATING,
CONVEYING, MODIFYING, OR TERMINATING AN ENVIRONMENTAL COVENANT SHALL NOT
BE EFFECTIVE UNLESS RECORDED.
S 71-4511. VALIDITY; EFFECT ON OTHER INSTRUMENTS.
  1. AN ENVIRONMENTAL COVENANT THAT COMPLIES WITH THIS TITLE  RUNS  WITH
THE LAND.
  2.  AN ENVIRONMENTAL COVENANT THAT IS OTHERWISE EFFECTIVE IS VALID AND
ENFORCEABLE EVEN IF:

S. 2608--C                         133

  (A) IT IS NOT APPURTENANT TO AN INTEREST IN REAL PROPERTY;
  (B) IT IS NOT OF A CHARACTER THAT HAS BEEN RECOGNIZED TRADITIONALLY AT
COMMON LAW;
  (C) IT IMPOSES A NEGATIVE BURDEN;
  (D)  IT IMPOSES AN AFFIRMATIVE OBLIGATION ON A PERSON HAVING AN INTER-
EST IN THE REAL PROPERTY OR ON THE HOLDER;
  (E) THE BENEFIT OR BURDEN DOES NOT TOUCH OR CONCERN REAL PROPERTY; OR
  (F) THERE IS NO PRIVITY OF ESTATE OR CONTRACT.
  3. AN INSTRUMENT THAT CREATES RESTRICTIONS OR OBLIGATIONS WITH RESPECT
TO REAL PROPERTY THAT WOULD QUALIFY  AS  ACTIVITY  AND  USE  LIMITATIONS
EXCEPT  FOR  THE FACT THAT THE INSTRUMENT WAS RECORDED BEFORE THE EFFEC-
TIVE DATE OF THIS TITLE IS NOT INVALID OR UNENFORCEABLE BECAUSE  OF  ANY
OF  THE LIMITATIONS ON ENFORCEMENT OF INTERESTS DESCRIBED IN SUBDIVISION
TWO OF THIS SECTION OR BECAUSE IT WAS IDENTIFIED AS AN EASEMENT,  SERVI-
TUDE, DEED RESTRICTION, OR OTHER INTEREST.  THIS TITLE DOES NOT APPLY IN
ANY OTHER RESPECT TO SUCH AN INSTRUMENT.
  4.  THIS  TITLE DOES NOT INVALIDATE OR RENDER UNENFORCEABLE ANY INTER-
EST, WHETHER DESIGNATED AS AN ENVIRONMENTAL COVENANT OR OTHER  INTEREST,
THAT IS OTHERWISE ENFORCEABLE UNDER THE LAWS OF THIS STATE.
  5. THIS TITLE SHALL NOT AFFECT ANY INTERESTS OR RIGHTS IN REAL PROPER-
TY  WHICH  ARE  NOT  ENVIRONMENTAL  COVENANTS,  AND SHALL NOT AFFECT THE
RIGHTS OF OWNERS TO CONVEY ANY INTERESTS IN  REAL  PROPERTY  WHICH  THEY
COULD  NOW  CREATE  UNDER EXISTING LAW WITHOUT REFERENCE TO THE TERMS OF
THIS TITLE. NOTHING IN THIS TITLE SHALL DIMINISH THE POWERS  GRANTED  BY
ANY  OTHER  LAW  TO  ACQUIRE  INTERESTS  OR  RIGHTS  IN REAL PROPERTY BY
PURCHASE, GIFT, EMINENT DOMAIN, OR OTHERWISE AND TO  USE  THE  SAME  FOR
PUBLIC PURPOSES.
S 71-4513. RELATIONSHIP TO OTHER LAND USE LAW.
  THIS TITLE DOES NOT AUTHORIZE A USE OF REAL PROPERTY THAT IS OTHERWISE
PROHIBITED  BY  ZONING,  BY  LAW OTHER THAN THIS TITLE REGULATING USE OF
REAL PROPERTY, OR BY A RECORDED INSTRUMENT THAT HAS  PRIORITY  OVER  THE
ENVIRONMENTAL  COVENANT.  AN  ENVIRONMENTAL  COVENANT  MAY  PROHIBIT  OR
RESTRICT USES OF REAL PROPERTY WHICH ARE AUTHORIZED BY ZONING OR BY  LAW
OTHER THAN THIS TITLE.
S 71-4515. NOTICE.
  1.  A  COPY  OF AN ENVIRONMENTAL COVENANT, AND ANY AMENDMENT OR TERMI-
NATION THEREOF, SHALL BE PROVIDED IN THE MANNER REQUIRED BY THE  DEPART-
MENT TO:
  (A) EACH PERSON THAT SIGNED THE COVENANT;
  (B)  EACH  PERSON  HOLDING  A  RECORDED  INTEREST IN THE REAL PROPERTY
SUBJECT TO THE COVENANT;
  (C) EACH PERSON IN POSSESSION OF THE  REAL  PROPERTY  SUBJECT  TO  THE
COVENANT;
  (D) EACH AFFECTED LOCAL GOVERNMENT; AND
  (E) ANY OTHER PERSON THE DEPARTMENT REQUIRES.
  2.  THE VALIDITY OF A COVENANT IS NOT AFFECTED BY FAILURE TO PROVIDE A
COPY OF THE COVENANT AS REQUIRED UNDER THIS SECTION.
  3. THE DEPARTMENT SHALL INCLUDE A COPY OF EACH ENVIRONMENTAL  COVENANT
IN  THE DATABASE CREATED PURSUANT TO SECTION 27-1415 OF THIS CHAPTER AND
MAKE SUCH DATABASE READILY SEARCHABLE.
S 71-4517. RECORDING.
  1. AN ENVIRONMENTAL COVENANT AND ANY AMENDMENT OR TERMINATION  OF  THE
COVENANT  MUST BE RECORDED IN THE OFFICE OF THE RECORDING OFFICER IN THE
MANNER PRESCRIBED BY ARTICLE NINE OF THE  REAL  PROPERTY  LAW  IN  EVERY
COUNTY IN WHICH ANY PORTION OF THE REAL PROPERTY SUBJECT TO THE COVENANT

S. 2608--C                         134

IS  LOCATED.    FOR PURPOSES OF INDEXING, A HOLDER SHALL BE TREATED AS A
GRANTEE.
  2.  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF SECTION 71-4521
OF THIS TITLE, AN ENVIRONMENTAL COVENANT IS SUBJECT TO THE LAWS OF  THIS
STATE GOVERNING RECORDING AND PRIORITY OF INTERESTS IN REAL PROPERTY.
S 71-4519. COORDINATION WITH LOCAL GOVERNMENTS.
  WHENEVER  AN  AFFECTED  LOCAL GOVERNMENT RECEIVES AN APPLICATION FOR A
BUILDING PERMIT OR ANY OTHER APPLICATION AFFECTING LAND USE OR  DEVELOP-
MENT  OF  LAND THAT IS SUBJECT TO AN ENVIRONMENTAL COVENANT AND THAT MAY
RELATE TO OR IMPACT SUCH COVENANT, THE AFFECTED LOCAL  GOVERNMENT  SHALL
NOTIFY  THE DEPARTMENT AND REFER SUCH APPLICATION TO THE DEPARTMENT. THE
DEPARTMENT SHALL EVALUATE WHETHER THE APPLICATION IS CONSISTENT WITH THE
ENVIRONMENTAL COVENANT AND SHALL NOTIFY THE AFFECTED LOCAL GOVERNMENT OF
ITS DETERMINATION IN A TIMELY FASHION, CONSIDERING THE  TIME  FRAME  FOR
THE  LOCAL  GOVERNMENT'S  REVIEW  OF THE APPLICATION. THE AFFECTED LOCAL
GOVERNMENT SHALL NOT APPROVE THE APPLICATION UNTIL IT RECEIVES  APPROVAL
FROM THE DEPARTMENT.
S 71-4521. DURATION.
  1. AN ENVIRONMENTAL COVENANT IS PERPETUAL UNLESS IT IS:
  (A)  BY  ITS TERMS LIMITED TO A SPECIFIC DURATION OR TERMINATED BY THE
OCCURRENCE OF A SPECIFIC EVENT; OR
  (B) EXTINGUISHED OR AMENDED BY A RELEASE OR AMENDMENT OF THE  ENVIRON-
MENTAL  COVENANT EXECUTED BY THE DEPARTMENT AND FILED WITH THE OFFICE OF
THE RECORDING OFFICER FOR THE COUNTY OR COUNTIES WHERE THE LAND IS SITU-
ATED IN THE MANNER PRESCRIBED BY ARTICLE NINE OF THE REAL PROPERTY LAW.
  2. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION ONE OF THIS SECTION, AN
ENVIRONMENTAL COVENANT MAY NOT BE  EXTINGUISHED,  LIMITED,  OR  IMPAIRED
THROUGH  FORECLOSURE OF A LIEN, ISSUANCE OF A TAX DEED, FORECLOSURE OF A
TAX  LIEN,  OR  APPLICATION  OF  THE  DOCTRINE  OF  ADVERSE  POSSESSION,
PRESCRIPTION,  EMINENT DOMAIN, ABANDONMENT, WAIVER, LACK OF ENFORCEMENT,
OR ACQUIESCENCE, OR A SIMILAR DOCTRINE.
S 71-4523. AMENDMENT OR TERMINATION BY CONSENT.
  1. AN ENVIRONMENTAL COVENANT MAY BE AMENDED OR TERMINATED  BY  CONSENT
ONLY  IF THE AMENDMENT OR TERMINATION IS SIGNED IN THE MANNER PRESCRIBED
BY SECTION 71-4509 OF THIS TITLE BY:
  (A) THE DEPARTMENT; AND
  (B) UNLESS WAIVED BY THE DEPARTMENT, THE  CURRENT  OWNER  OF  THE  FEE
SIMPLE OF THE REAL PROPERTY SUBJECT TO THE COVENANT.
  2.  IF  AN  INTEREST  IN  REAL PROPERTY IS SUBJECT TO AN ENVIRONMENTAL
COVENANT, THE INTEREST IS NOT AFFECTED BY AN AMENDMENT OF  THE  COVENANT
UNLESS  THE  CURRENT  OWNER OF THE INTEREST CONSENTS TO THE AMENDMENT OR
HAS WAIVED IN A WRITING, SIGNED IN  THE  MANNER  PRESCRIBED  BY  SECTION
71-4509 OF THIS TITLE, THE RIGHT TO CONSENT TO AMENDMENTS.
S 71-4525. ENFORCEMENT OF ENVIRONMENTAL COVENANT.
  1.  A  CIVIL  ACTION  FOR  INJUNCTIVE  OR  OTHER  EQUITABLE RELIEF FOR
VIOLATION OF AN ENVIRONMENTAL COVENANT MAY BE MAINTAINED BY:
  (A) A PARTY TO THE COVENANT;
  (B) THE DEPARTMENT;
  (C) ANY AFFECTED LOCAL GOVERNMENT;
  (D) ANY PERSON TO WHOM THE COVENANT EXPRESSLY GRANTS POWER TO ENFORCE,
OR IS IDENTIFIED IN THE COVENANT AS AN INTENDED BENEFICIARY; OR
  (E) A PERSON WHOSE INTEREST IN THE REAL PROPERTY OR  WHOSE  COLLATERAL
OR LIABILITY MAY BE AFFECTED BY THE ALLEGED VIOLATION OF THE COVENANT.
  2.  THE ENVIRONMENTAL COVENANT IS ENFORCEABLE AGAINST THE OWNER OF THE
BURDENED PROPERTY, ANY LESSEES, AND ANY PERSON USING THE LAND.

S. 2608--C                         135

  3. A PERSON IS NOT RESPONSIBLE FOR OR SUBJECT TO LIABILITY  FOR  ENVI-
RONMENTAL  REMEDIATION  SOLELY  BECAUSE  IT  HAS THE RIGHT TO ENFORCE AN
ENVIRONMENTAL COVENANT.
  4. ENFORCEMENT SHALL NOT BE DEFEATED BECAUSE OF ANY SUBSEQUENT ADVERSE
POSSESSION,  LACHES,  ESTOPPEL,  OR  WAIVER. NO GENERAL LAW OF THE STATE
WHICH OPERATES TO DEFEAT THE ENFORCEMENT OF ANY INTEREST IN REAL PROPER-
TY SHALL OPERATE TO DEFEAT THE ENFORCEMENT OF ANY ENVIRONMENTAL COVENANT
UNLESS SUCH GENERAL LAW  EXPRESSLY  STATES  THE  INTENT  TO  DEFEAT  THE
ENFORCEMENT  OF  SUCH COVENANT OR PROVIDES FOR THE EXERCISE OF THE POWER
OF EMINENT DOMAIN.
  5. FOR ANY PERSON WHO INTENTIONALLY VIOLATES AN ENVIRONMENTAL COVENANT
THE DEPARTMENT MAY REVOKE THE  CERTIFICATE  OF  COMPLETION  PROVIDED  BY
SECTION 27-1419 OF THIS CHAPTER AS TO THE RELEVANT REAL ESTATE.
S 71-4527. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
  IN  APPLYING AND CONSTRUING THIS TITLE, CONSIDERATION MUST BE GIVEN TO
THE NEED TO PROMOTE UNIFORMITY OF THE LAW WITH RESPECT  TO  ITS  SUBJECT
MATTER AMONG STATES THAT ENACT IT.
S 71-4529. REGULATIONS.
  THE  DEPARTMENT  IS  AUTHORIZED  TO  PROMULGATE  RULES AND REGULATIONS
NECESSARY AND APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS TITLE.
S 71-4531. SEVERABILITY.
  THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE, AND  IF  ANY  CLAUSE,
SENTENCE,  PARAGRAPH,  SUBDIVISION,  OR  PART  OF  THIS  TITLE  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,  PARA-
GRAPH, SUBDIVISION, OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY
IN  WHICH  SUCH  JUDGMENT  SHALL HAVE BEEN RENDERED; PROVIDED THAT IF AN
ENVIRONMENTAL COVENANT CREATED PURSUANT TO THIS TITLE IS  DETERMINED  BY
ANY  COURT  OF COMPETENT JURISDICTION TO BE LAND OR WATER OR AN INTEREST
IN LAND OR WATER SUBJECT TO THE PROVISIONS OF ARTICLE  FOURTEEN  OF  THE
CONSTITUTION,  THEN  THE  AUTHORITY OF THE STATE TO HOLD OR ACQUIRE SUCH
COVENANT AND THE CONVEYANCE TO THE STATE OF SUCH COVENANT SHALL BE  VOID
AB INITIO.
  S 4. Subdivision (b) of section 27-1318 of the environmental conserva-
tion  law,  as amended by section 2 of part E of chapter 577 of the laws
of 2004, is amended to read as follows:
  (b) Within sixty days of commencement  of  the  remedial  design,  the
owner  of  an  inactive hazardous waste disposal site, and/or any person
responsible for implementing a remedial  program  at  such  site,  where
institutional  or  engineering  controls  are  employed pursuant to this
title, shall execute an environmental easement pursuant to  title  thir-
ty-six of article seventy-one of this chapter OR AN ENVIRONMENTAL COVEN-
ANT PURSUANT TO TITLE FORTY-FIVE OF ARTICLE SEVENTY-ONE OF THIS CHAPTER.
  S 5. Paragraph (d) of subdivision 7 of section 27-1415 of the environ-
mental conservation law, as added by section 1 of part A of chapter 1 of
the laws of 2003, is amended to read as follows:
  (d)  The  commissioner  shall  create, update, and maintain a database
system for public information purposes and  to  monitor  and  track  all
brownfield  sites  subject  to  this  title. Data incorporated into such
system for each site for which information has been  collected  pursuant
to  this title shall include, but shall not be limited to, a site summa-
ry, name of site owner, location,  status  of  site  remedial  activity,
[and,  if  one  has been created pursuant to title thirty-six of article
seventy-one of this chapter, a  copy  of  the  environmental  easement,]
WHETHER  THE SITE IS LOCATED IN A BROWNFIELD OPPORTUNITY AREA AS DEFINED

S. 2608--C                         136

IN SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL  LAW,  and  a
contact number to obtain additional information. THE DATABASE SHALL ALSO
INCLUDE  FOR  EACH SITE A COPY OF THE ENVIRONMENTAL EASEMENT, IF ONE HAS
BEEN CREATED PURSUANT TO TITLE THIRTY-SIX OF ARTICLE SEVENTY-ONE OF THIS
CHAPTER,  OR  A  COPY  OF  THE  ENVIRONMENTAL  COVENANT, IF ONE HAS BEEN
CREATED PURSUANT TO TITLE FORTY-FIVE  OF  ARTICLE  SEVENTY-ONE  OF  THIS
CHAPTER.  Sites  shall  be  added to such system upon the execution of a
brownfield site cleanup agreement [pursuant to section 27-1409  of  this
title]. If and when an environmental easement OR COVENANT is modified or
extinguished,  the  copy  of  the  environmental  easement  OR  COVENANT
contained in the database shall be updated  accordingly.  Such  database
shall  be  in  such a format that it can be readily searched by affected
local governments and the public for purposes including but not  limited
to  determining  whether  an environmental easement OR COVENANT has been
recorded for a site pursuant to title thirty-six OR FORTY-FIVE of  arti-
cle  seventy-one  of this chapter. The database shall be available elec-
tronically.  Information from this database shall be  incorporated  into
the  geographic information system created and maintained by the depart-
ment pursuant to section 3-0315 of this chapter.
  S 6. Paragraph (e) of subdivision 2 of section 27-1419 of the environ-
mental conservation law, as added by section 1 of part A of chapter 1 of
the laws of 2003, is amended to read as follows:
  (e) a certification that any use restrictions, institutional controls,
engineering controls and/or any operation and  maintenance  requirements
applicable  to  the  site  are  contained  in  an environmental easement
created and recorded pursuant to title thirty-six of article seventy-one
of this chapter OR AN ENVIRONMENTAL COVENANT CREATED AND RECORDED PURSU-
ANT TO TITLE FORTY-FIVE OF SUCH ARTICLE  and  that  any  affected  local
governments, as defined in title thirty-six of SUCH article [seventy-one
of  this  chapter] have been notified that such easement OR COVENANT has
been recorded;
  S 7. Paragraph (g) of subdivision 2 of section 56-0503 of the environ-
mental conservation law, as amended by section 4 of part D of chapter  1
of the laws of 2003, is amended to read as follows:
  (g)  An agreement by the municipality that it shall put into place any
engineering and/or institutional controls (including environmental ease-
ments pursuant to title thirty-six of article seventy-one of this  chap-
ter  OR  ENVIRONMENTAL  COVENANTS  PURSUANT  TO TITLE FORTY-FIVE OF SUCH
ARTICLE) that the department may deem necessary  to  allow  the  contem-
plated  use  to  proceed,  that  such  engineering  and/or institutional
controls shall be binding on such municipality, any successor in  title,
and  any lessees and that any successors in title and any lessees cannot
challenge state enforcement of such controls;
  S 8. Paragraph 5 of subdivision (a) of section 21 of the tax  law,  as
amended  by  section  1 of part H of chapter 577 of the laws of 2004, is
amended to read as follows:
  (5) Applicable percentage. For purposes of paragraphs two,  three  and
four  of  this  subdivision,  the  applicable percentage shall be twelve
percent [in the case of credits  claimed  under  article  nine,  nine-A,
thirty-two  or thirty-three of this chapter, and ten percent in the case
of credits claimed under article twenty-two  of  this  chapter,]  except
that  where  at  least  fifty  percent of the area of the qualified site
relating to the credit provided for in this section  is  located  in  an
environmental  zone  as  defined  in paragraph six of subdivision (b) of
this section, the applicable percentage shall be increased by  an  addi-
tional  eight percent. Provided, however, as afforded in section 27-1419

S. 2608--C                         137

of the environmental conservation law, if the certificate of  completion
indicates that the qualified site has been remediated to Track 1 as that
term is described in subdivision four of section 27-1415 of the environ-
mental  conservation  law,  the  applicable  percentage set forth in the
first sentence of this paragraph shall be increased by an additional two
percent.
  S 9. Subparagraph (A) of paragraph 3-a of subdivision (a)  of  section
21  of  the  tax  law,  as  added by chapter 390 of the laws of 2008, is
amended to read as follows:
  (A) Notwithstanding any other provision of law to  the  contrary,  the
tangible  property  credit  component  available  for any qualified site
pursuant to paragraph three of this subdivision shall not  exceed  thir-
ty-five  million dollars or three times THE SUM OF the costs included in
the calculation of the site preparation credit component and the on-site
groundwater remediation credit component under paragraphs two and  four,
respectively,  of  this  subdivision, AND THE COSTS THAT WOULD HAVE BEEN
INCLUDED IN THE CALCULATION OF SUCH COMPONENTS  IF  NOT  TREATED  AS  AN
EXPENSE  AND  DEDUCTED  PURSUANT  TO SECTION 198 OF THE INTERNAL REVENUE
CODE, whichever is less; provided, however, that: (1) in the case  of  a
qualified  site  to  be used primarily for manufacturing activities, the
tangible property credit component  available  for  any  qualified  site
pursuant  to  paragraph  three  of  this  subdivision  shall  not exceed
[forty-five] ONE HUNDRED FIFTY million dollars or [six] TWENTY times THE
SUM OF the costs included in the calculation  of  the  site  preparation
credit  component  and the on-site groundwater remediation credit compo-
nent under paragraphs two and four, respectively, of  this  subdivision,
AND  THE  COSTS THAT WOULD HAVE BEEN INCLUDED IN THE CALCULATION OF SUCH
COMPONENTS IF NOT TREATED AS AN EXPENSE AND DEDUCTED PURSUANT TO SECTION
198 OF THE INTERNAL  REVENUE  CODE,  whichever  is  less;  and  (2)  the
provisions  of  this paragraph shall not apply to any qualified site for
which the department of environmental conservation has issued  a  notice
to  the  taxpayer  before June twenty-third, two thousand eight that its
request for participation has been accepted  under  subdivision  six  of
section 27-1407 of the environmental conservation law.
  S  10. Paragraph 6 of subdivision (b) of section 21 of the tax law, as
amended by section 1 of part H of chapter  577  of  the  laws  of  2004,
subparagraph  (B)  and  the closing paragraph as amended by section 1 of
part G of chapter 62 of the laws of 2006, is amended to read as follows:
  (6) Environmental zones (EN-Zones). An "environmental zone" shall mean
an area designated as such by the commissioner of economic  development.
Such  areas  so  designated  are areas which are census tracts and block
numbering areas which, as of the  [two  thousand]  MOST  RECENT  census,
satisfy either of the following criteria:
  (A) areas that have both:
  (i)  a  poverty  rate of at least twenty percent for the year to which
the data relate; and
  (ii) an unemployment rate of at least one and  one-quarter  times  the
statewide unemployment rate for the year to which the data relate, or;
  (B)  areas  that have a poverty rate of at least two times the poverty
rate for the county in which the areas are located for the year to which
the data relate [provided, however, that a qualified site shall only  be
deemed  to  be  located in an environmental zone under this subparagraph
(B) if such site was the subject of a brownfield site cleanup  agreement
pursuant  to  section 27-1409 of the environmental conservation law that
was entered into prior to September first, two thousand ten].

S. 2608--C                         138

  Such designation shall be made and a list of  all  such  environmental
zones  shall  be established by the commissioner of economic development
no later than December thirty-first, two thousand [four provided, howev-
er, that a qualified site shall only be deemed to be located in an envi-
ronmental zone under subparagraph (B) of this paragraph if such site was
the  subject  of a brownfield site cleanup agreement pursuant to section
27-1409 of the environmental conservation  law  that  was  entered  into
prior to September first, two thousand ten] TWELVE.
  S  11. Paragraph 5 of subdivision (a) of section 22 of the tax law, as
amended by section 4 of part H of chapter  577  of  the  laws  of  2004,
subparagraph  (B)  and  the closing paragraph as amended by section 2 of
part G of chapter 62 of the laws of 2006, is amended to read as follows:
  (5) Environmental zones (EN-Zones). An "environmental zone" shall mean
an area designated as such by the commissioner of economic  development.
Such  areas  so  designated  are areas which are census tracts and block
numbering areas which, as of the  [two  thousand]  MOST  RECENT  census,
satisfy either of the following criteria:
  (A) areas that have both:
  (i)  a  poverty  rate of at least twenty percent for the year to which
the data relate;
  (ii) an unemployment rate of at least one and  one-quarter  times  the
statewide unemployment rate for the year to which the data relate, or;
  (B)  areas  that have a poverty rate of at least two times the poverty
rate for the county in which the areas are located for the year to which
the data relate[, provided, however, that a qualified site shall only be
deemed to be located in an environmental zone  under  this  subparagraph
(B)  if such site was the subject of a brownfield site cleanup agreement
pursuant to section 27-1409 of the environmental conservation  law  that
was entered into prior to September first, two thousand ten].
  Such  designation  shall  be made and a list of all such environmental
zones shall be established by the commissioner of  economic  development
no later than December thirty-first, two thousand [four provided, howev-
er, that a qualified site shall only be deemed to be located in an envi-
ronmental zone under subparagraph (B) of this paragraph if such site was
the  subject  of a brownfield site cleanup agreement pursuant to section
27-1409 of the environmental conservation  law  that  was  entered  into
prior to September first, two thousand ten] TWELVE.
  S  12.  Subdivision  (a)  of  section 23 of the tax law, as amended by
section 10 of part H of chapter 577 of the laws of 2004, is  amended  to
read as follows:
  (a)  Allowance  of  credit.  General.  A taxpayer subject to tax under
article nine, nine-A, twenty-two, thirty-two  or  thirty-three  of  this
chapter  shall  be  allowed  a  credit against such tax, pursuant to the
provisions referenced in subdivision (e) of this section. The amount  of
such  credit  shall  be  equal to the lesser of [thirty] NINETY thousand
dollars or fifty percent of the premiums paid on or after  the  date  of
the  brownfield  site cleanup agreement executed by the taxpayer and the
department of environmental conservation pursuant to section 27-1409  of
the  environmental  conservation  law  by the taxpayer for environmental
remediation insurance issued with respect to a qualified site.
  S 13. Section 31 of part H of chapter 1 of the laws of  2003  amending
the  tax  law  relating  to  brownfield  redevelopment  tax  credits, is
REPEALED.
  S 14. Intentionally omitted.
  S 15. Paragraph (d) of subdivision 3 of section 27-1413 of  the  envi-
ronmental conservation law, as amended by section 6 of part A of chapter

S. 2608--C                         139

577  of the laws of 2004, is amended and a new paragraph (e) is added to
read as follows:
  (d)  the  economic  benefit  to  the state to be realized by the expe-
ditious remediation of the property[.]; AND
  (E) FOR SITES WITHIN A  BROWNFIELD  OPPORTUNITY  AREA  AS  DEFINED  IN
SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW, THE COMPAT-
IBILITY  OF  THE  REMEDY WITH THE BROWNFIELD OPPORTUNITY AREA NOMINATION
AND IMPLEMENTATION STRATEGIES, AS VERIFIED BY THE SITE OWNER.
  S 16. Intentionally omitted.
  S 17. Paragraph (a) of subdivision 4 of section 27-1417 of  the  envi-
ronmental conservation law, as amended by section 8 of part A of chapter
577 of the laws of 2004, is amended to read as follows:
  (a)  Within  the  limits  of appropriations made available pursuant to
paragraph [j] (J) of subdivision three of section ninety-seven-b of  the
state  finance  law, the commissioner is authorized to provide grants to
any  not-for-profit  corporation  exempt  from  taxation  under  section
501(c)(3) of the internal revenue code at any site WHICH MAY BE AFFECTED
BY  A  BROWNFIELD SITE REMEDIAL PROGRAM AND IS determined BY THE DEPART-
MENT EITHER to pose a significant threat [by the  department  and  which
may  be affected by a brownfield site remedial program] OR TO BE LOCATED
IN A BROWNFIELD OPPORTUNITY AREA AS  DEFINED  IN  SECTION  NINE  HUNDRED
SEVENTY-R  OF  THE  GENERAL  MUNICIPAL LAW.   To qualify to receive such
assistance, a community  group  must  demonstrate  that  its  membership
represents  the  interests  of  the  community  affected  by  such site.
Furthermore, the commissioner is authorized to direct any applicant  who
is  a  responsible party, as defined in section 27-1313 of this article,
to provide such grants. Such grants shall be known as technical  assist-
ance grants and may be used to obtain technical assistance in interpret-
ing information with regard to the nature of the hazard posed by contam-
ination  located AT or emanating from a brownfield site or sites and the
development and implementation of a brownfield site remedial program  or
programs. Such grants may also be used to hire health and safety experts
to  advise  affected  residents  on  any  health assessments and for the
education of interested affected community members  to  enable  them  to
more  effectively  participate  in  the remedy selection process. Grants
awarded under this section may not be used for the purposes of  collect-
ing  field  sampling  data,  political  activity or lobbying legislative
bodies.
  S 18. Paragraphs e and f of subdivision 1 of section  27-1420  of  the
environmental  conservation  law, as added by chapter 390 of the laws of
2008, are amended to read as follows:
  e. the total number of certificates of completion issued; [and]
  f. HOW MANY OF THE SITES APPROVED FOR  PARTICIPATION,  DENIED  PARTIC-
IPATION, CURRENTLY PARTICIPATING, AND GRANTED CERTIFICATES OF COMPLETION
ARE  LOCATED  IN BROWNFIELD OPPORTUNITY AREAS AS DEFINED IN SECTION NINE
HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW; AND
  G. such other information as the commissioner may determine  is  rele-
vant to the status of the administration of the program.
  S 19. Intentionally omitted.
  S  20.  Subdivision 1 of section 970-r of the general municipal law is
amended by adding a new paragraph j to read as follows:
  J. "BROWNFIELD OPPORTUNITY AREA" SHALL MEAN A STUDY AREA  ACCEPTED  BY
THE  SECRETARY  IN CONNECTION WITH A FUNDING AWARD MADE PURSUANT TO THIS
SECTION OR A BROWNFIELD OPPORTUNITY AREA  DESIGNATED  BY  THE  SECRETARY
PURSUANT TO THIS SECTION.

S. 2608--C                         140

  S  21.  Paragraph  b  of subdivision 2 of section 970-r of the general
municipal law, as added by section 1 of part F of chapter 1 of the  laws
of 2003, is amended to read as follows:
  b.  Activities  eligible to receive such assistance shall include, but
are not limited to, the assembly and development  of  basic  information
about:
  (1) the borders of the [proposed] brownfield opportunity area;
  (2) the number and size of brownfield sites;
  (3)  current  and anticipated uses of the properties in the [proposed]
BROWNFIELD OPPORTUNITY area;
  (4) current and anticipated future conditions of  groundwater  in  the
[proposed] BROWNFIELD OPPORTUNITY area;
  (5) known data about the environmental conditions of the properties in
the [proposed] BROWNFIELD OPPORTUNITY area;
  (6)  ownership of the properties in the [proposed] BROWNFIELD OPPORTU-
NITY area; and
  (7) preliminary descriptions of possible remediation strategies, reuse
opportunities, necessary infrastructure improvements and other public or
private measures needed to stimulate investment, promote revitalization,
and enhance community health and environmental conditions.
  S 22. Paragraph g of subdivision 2 of section  970-r  of  the  general
municipal law, as amended by chapter 390 of the laws of 2008, is amended
and a new paragraph h is added to read as follows:
  g.  Following  notification  to the applicant that assistance has been
awarded, and prior  to  disbursement  of  funds,  a  contract  shall  be
executed  between  the  department  and  the applicant or co-applicants.
SUCH CONTRACT SHALL BE FOR A PERIOD OF NO MORE THAN ONE YEAR.   ANY  AND
ALL FUNDS AUTHORIZED BY THE SECRETARY UNDER THIS SUBDIVISION MAY ONLY BE
UTILIZED  BY  THE  APPLICANT  OR  CO-APPLICANTS FOR THE PURPOSES OF THIS
SUBDIVISION. FAILURE OF THE  APPLICANT  TO  DELIVER  ALL  WORK  PRODUCTS
REQUIRED  UNDER  PARAGRAPH B OF THIS SUBDIVISION, TO THE SECRETARY OR AS
OTHERWISE STIPULATED IN THE CONTRACT, WITHIN ONE YEAR, SHALL IMMEDIATELY
FORFEIT THE APPLICANT'S AND CO-APPLICANT'S ABILITY TO APPLY FOR ANY  AND
ALL  FUNDS  OR  OTHER STATE ASSISTANCE PROVIDED UNDER THIS SECTION FOR A
MINIMUM PERIOD OF AT LEAST THREE YEARS. IN ADDITION,  THE  SECRETARY  IS
AUTHORIZED  TO RECOVER ALL AWARDS GRANTED UNDER THIS SUBDIVISION FOR ANY
APPLICANT OR CO-APPLICANTS FAILING TO DELIVER ACCORDING  TO  ALL  CONDI-
TIONS OF THIS SUBDIVISION OR TERMS OF THE CONTRACT WITHIN THE STIPULATED
ONE  YEAR  PERIOD.  The  secretary  shall  establish ALL OTHER terms and
conditions for  such  contracts  as  the  secretary  deems  appropriate,
including  provisions  to define: applicant's work scope, work schedule,
and deliverables; fiscal reports on budgeted and  actual  use  of  funds
expended;  and requirements for submission of a final fiscal report. The
contract shall also require the distribution of  work  products  to  the
department,  and,  for community based organizations, to the applicant's
municipality. Applicants shall be required to make the results  publicly
available.
  H.  TO  THE EXTENT THAT THERE ARE UNEXPENDED FUNDS APPROPRIATED TO THE
DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  FOR  FINANCIAL   ASSISTANCE
AUTHORIZED  IN THIS SUBDIVISION, THE COMMISSIONER SHALL SUBALLOCATE SUCH
FUNDS TO THE SECRETARY.
  S 23. Subdivision 3 of section 970-r of the general municipal law,  as
added  by  section  1  of part F of chapter 1 of the laws of 2003, para-
graphs a, b, g, h, i, the opening paragraph and subparagraph 6 of  para-
graph  f  as  amended by chapter 390 of the laws of 2008, paragraph f as

S. 2608--C                         141

amended by section 1 of part F of chapter 577 of the laws  of  2004,  is
amended to read as follows:
  3.  State  assistance for nominations to designate brownfield opportu-
nity areas. a. Within the limits of appropriations therefor, the  secre-
tary is authorized to provide, on a competitive basis, financial assist-
ance  to  municipalities, to community based organizations, to community
boards, or to municipalities and community based organizations acting in
cooperation to prepare a nomination  for  designation  of  a  brownfield
opportunity  area.  Such  financial  assistance  shall not exceed ninety
percent of the costs of such nomination for any such area.
  b. An application for such financial assistance shall include an indi-
cation of support from owners of  brownfield  sites  in  the  [proposed]
brownfield  opportunity  area.  All residents and property owners in the
[proposed] brownfield opportunity  area  shall  receive  notice  OF  THE
APPLICATION in such form and manner as the secretary shall prescribe.
  c.  No  application  for such financial assistance shall be considered
unless the applicant demonstrates that it has,  to  the  maximum  extent
practicable,  solicited  and  considered  the  views of residents of the
[proposed] brownfield opportunity area, the views  of  state  and  local
officials  elected  to  represent such residents and the local organiza-
tions representing such residents.
  d. Activities eligible to  receive  such  financial  assistance  shall
include  the  identification,  preparation,  creation,  development  and
assembly of information and elements to be included in a nomination  for
designation  of a brownfield opportunity area, including but not limited
to:
  (1) A PLAN FOR THE REDEVELOPMENT AND REVITALIZATION OF THE  BROWNFIELD
OPPORTUNITY AREA, THAT CONTAINS BUT IS NOT LIMITED TO:
  (I) the borders of the [proposed] brownfield opportunity area;
  [(2)]  (II) the location of each known or suspected brownfield site in
the [proposed] brownfield opportunity area;
  [(3)] (III) EXISTING DETAILED  ASSESSMENTS  OF  INDIVIDUAL  BROWNFIELD
SITES  AND,  WHERE  THE CONSENT OF THE SITE OWNER HAS BEEN OBTAINED, THE
NEED FOR CONDUCTING ON-SITE ASSESSMENTS;
  (IV) KNOWN DATA ABOUT THE ENVIRONMENTAL CONDITIONS  OF  PROPERTIES  IN
THE BROWNFIELD OPPORTUNITY AREA;
  (V) OWNERSHIP OF THE PROPERTIES IN THE BROWNFIELD OPPORTUNITY AREA;
  (VI)  THE GOALS AND OBJECTIVES, BOTH SHORT TERM AND LONG TERM, FOR THE
ECONOMIC REVITALIZATION OF THE BROWNFIELD OPPORTUNITY AREA;
  (VII) IDENTIFICATION OF THE PUBLICLY CONTROLLED AND  DEVELOPABLE  LAND
AND  BUILDINGS WITHIN THE BROWNFIELD OPPORTUNITY AREA WHICH ARE OR COULD
BE MADE AVAILABLE FOR DEVELOPMENT; AND
  (VIII) the identification of strategic  sites  within  the  [proposed]
brownfield  opportunity  area  AND  THE  DEVELOPMENT  OF  STRATEGIES FOR
IMPROVING THE LIKELIHOOD THAT SUCH STRATEGIC SITES ARE REUSED OR  DEVEL-
OPED CONSISTENT WITH THE BROWNFIELD OPPORTUNITY AREA;
  [(4)] (2) AN IMPLEMENTATION STRATEGY THAT INCLUDES, BUT IS NOT LIMITED
TO:
  (I)  the  type  of potential developments anticipated for sites within
the [proposed]  brownfield  opportunity  area  proposed  by  either  the
current or the prospective owners of such sites;
  [(5)]  (II)  local  legislative  or  regulatory  action  which  may be
required to implement a plan for the  redevelopment  of  the  [proposed]
brownfield opportunity area;
  [(6)]  (III)  priorities  for public and private investment in infras-
tructure, open space, economic development, housing, or community facil-

S. 2608--C                         142

ities in the [proposed] brownfield  opportunity  area,  INCLUDING  THOSE
THAT  MAY  BE  ELIGIBLE  FOR  PRIORITY  OR PREFERENCE IN ACCORDANCE WITH
SUBDIVISION FIVE OF THIS SECTION;
  [(7)]  (IV)  mapping of current and anticipated uses of the properties
and groundwater in the [proposed] brownfield opportunity area;
  [(8)] (V) existing detailed assessments of individual brownfield sites
and, where the consent of the site owner has been obtained, the need for
conducting on-site assessments;
  [(9)] (VI) known data about the environmental conditions of properties
in the [proposed] brownfield opportunity area;
  [(10)] (VII) ownership of the properties in the [proposed]  brownfield
opportunity area; AND
  [(11)]  (VIII) descriptions of possible remediation strategies, brown-
field redevelopment, necessary  infrastructure  improvements  and  other
public or private measures needed to stimulate investment, promote revi-
talization, and enhance community health and environmental conditions[;
  (12)  the goals and objectives, both short term and long term, for the
economic revitalization of the proposed brownfield opportunity area; and
  (13) the publicly controlled and other developable lands and buildings
within the proposed brownfield opportunity area which are  or  could  be
made available for residential, industrial and commercial development].
  (3) ACTIVITIES TO ADDRESS KNOWN CONTAMINATION:
  (I)  THE  TESTING  OF PROPERTIES TO DETERMINE THE NATURE AND EXTENT OF
THE CONTAMINATION (INCLUDING SOIL AND GROUNDWATER);
  (II)  ENVIRONMENTAL  ASSESSMENTS,  IN  CONFORMANCE   WITH   APPLICABLE
REQUIREMENTS OF THE COMMISSIONER;
  (III)  THE  DEVELOPMENT  OF A PROPOSED REMEDIATION STRATEGY TO ADDRESS
ANY IDENTIFIED CONTAMINATION, IN CONFORMANCE  WITH  APPLICABLE  REQUIRE-
MENTS OF THE COMMISSIONER; AND
  (IV)  ANY  OTHER  ACTIVITIES  RELATING  TO ENVIRONMENTAL CONTAMINATION
DEEMED APPROPRIATE BY THE SECRETARY.
  e. Funding preferences shall be given to applications for such assist-
ance that relate to areas having one or more of the following character-
istics:
  (1) areas for which the application is a partnered  application  by  a
municipality and a community based organization;
  (2) areas with concentrations of brownfield sites;
  (3)  areas for which the application demonstrates support from a muni-
cipality and a community based organization;
  (4) areas showing indicators of economic distress including low  resi-
dent   incomes,   high  unemployment,  high  commercial  vacancy  rates,
depressed property values; and
  (5) areas with brownfield sites presenting strategic opportunities  to
stimulate  economic  development, community revitalization or the siting
of public amenities.
  f. Each application for such assistance  shall  be  submitted  to  the
secretary in a format, and containing such information, as prescribed by
the secretary but shall include, at a minimum, the following:
  (1)  a statement of the rationale or relationship between the proposed
assistance and the criteria set forth in this section for the evaluation
and ranking of assistance applications;
  (2) the processes by which local participation in the  development  of
the application has been sought;
  (3)  the  process to be carried out under the state assistance includ-
ing, but not limited to, the goals of and budget  for  the  effort,  the

S. 2608--C                         143

work  plan  and  timeline  for  the  attainment  of these goals, and the
intended process for public participation in the process;
  (4)  the  manner  and  extent to which public or governmental agencies
with jurisdiction over issues that will be addressed in the data gather-
ing process will be involved in this process;
  (5) other planning and development initiatives proposed or in progress
in the [proposed] brownfield opportunity area;
  (6) for each community based organization which is an applicant  or  a
co-applicant, a copy of its determination of tax exempt status issued by
the  federal  internal  revenue  service  pursuant to section 501 of the
internal revenue code, a description of  the  relationship  between  the
community  based  organization  and  the area that is the subject of the
application, its financial and institutional accountability, its experi-
ence in conducting and completing planning initiatives  and  in  working
with  the  local  government  associated  with the [proposed] brownfield
opportunity area; and
  (7) the financial commitments the applicant will make  to  the  brown-
field  opportunity  area  for  activities including, but not limited to,
marketing of the area for business development, human resource  services
for  residents  and  businesses  in the brownfield opportunity area, and
services for small and minority and women-owned businesses.
  g. The secretary, upon the receipt of an application for such  assist-
ance  from  a  community  based organization not in cooperation with the
local government having  jurisdiction  over  the  [proposed]  brownfield
opportunity  area,  shall request the municipal government to review and
state the municipal government's support or lack of support. The munici-
pal government's statement shall be considered a part  of  the  applica-
tion.
  h. Prior to making an award for assistance, the secretary shall notify
the temporary president of the senate and speaker of the assembly.
  i.  Following  notification  to the applicant that assistance has been
awarded, and prior  to  disbursement  of  funds,  a  contract  shall  be
executed  between  the  department  and  the applicant or co-applicants.
SUCH CONTRACT SHALL BE FOR A PERIOD OF NO MORE THAN ONE YEAR.   ANY  AND
ALL FUNDS AUTHORIZED BY THE SECRETARY UNDER THIS SUBDIVISION MAY ONLY BE
UTILIZED  BY  THE  APPLICANT  OR  CO-APPLICANTS FOR THE PURPOSES OF THIS
SUBDIVISION. FAILURE OF THE  APPLICANT  TO  DELIVER  ALL  WORK  PRODUCTS
REQUIRED  UNDER  PARAGRAPH D OF THIS SUBDIVISION, TO THE SECRETARY OR AS
OTHERWISE STIPULATED IN THE CONTRACT, WITHIN ONE YEAR, SHALL IMMEDIATELY
FORFEIT THE APPLICANT'S AND CO-APPLICANT'S ABILITY TO APPLY FOR ANY  AND
ALL  FUNDS  OR  OTHER STATE ASSISTANCE PROVIDED UNDER THIS SECTION FOR A
MINIMUM PERIOD OF AT LEAST THREE YEARS. IN ADDITION,  THE  SECRETARY  IS
AUTHORIZED  TO RECOVER ALL AWARDS GRANTED UNDER THIS SUBDIVISION FOR ANY
APPLICANT OR CO-APPLICANTS FAILING TO DELIVER ACCORDING  TO  ALL  CONDI-
TIONS OF THIS SUBDIVISION OR TERMS OF THE CONTRACT WITHIN THE STIPULATED
ONE  YEAR PERIOD. The secretary shall establish terms and conditions for
such contracts as the secretary deems appropriate, including  provisions
to  define:  applicant's  work  scope,  work schedule, and deliverables;
fiscal reports on  budgeted  and  actual  use  of  funds  expended;  and
requirements for submission of a final fiscal report. The contract shall
also  require  the distribution of work products to the department, and,
for community based  organizations,  to  the  applicant's  municipality.
Applicants  shall  be  required  to make the results publicly available.
Such contract shall further include a provision providing  that  if  any
responsible party payments become available to the applicant, the amount
of  such  payments  attributable  to expenses paid by the award shall be

S. 2608--C                         144

paid to the department by the applicant; provided that the applicant may
first apply such responsible party payments toward  any  actual  project
costs  incurred  by  the applicant.   UPON SATISFACTION OF ALL TERMS AND
CONDITIONS  OF THE CONTRACT REQUIRED UNDER THIS PARAGRAPH, THE SECRETARY
SHALL NOTIFY THE APPLICANT OR CO-APPLICANTS THAT THEY HAVE  THIRTY  DAYS
FROM  SUCH  NOTIFICATION TO REQUEST DESIGNATION AS A BROWNFIELD OPPORTU-
NITY AREA AS REFERENCED IN SUBDIVISION FOUR OF THIS SECTION. FAILURE  TO
REQUEST SUCH DESIGNATION SHALL ELIMINATE THE APPLICATION FOR DESIGNATION
AS A BROWNFIELD OPPORTUNITY AREA, AND SHALL ELIMINATE THE APPLICANT'S OR
CO-APPLICANT'S ABILITY TO RECEIVE ANY ADDITIONAL FUNDS UNDER THIS SUBDI-
VISION  AND SHALL IMMEDIATELY FORFEIT THE APPLICANT'S AND CO-APPLICANT'S
ABILITY TO APPLY FOR ANY OR ALL FUNDS OR OTHER STATE ASSISTANCE PROVIDED
UNDER THIS SECTION FOR A MINIMUM OF AT LEAST THREE YEARS.
  J. TO THE EXTENT THAT THERE ARE UNEXPENDED FUNDS APPROPRIATED  TO  THE
DEPARTMENT   OF  ENVIRONMENTAL  CONSERVATION  FOR  FINANCIAL  ASSISTANCE
AUTHORIZED IN THIS SUBDIVISION, THE COMMISSIONER SHALL SUBALLOCATE  SUCH
FUNDS TO THE SECRETARY.
  S  24. Subdivision 4 of section 970-r of the general municipal law, as
amended by chapter 390 of the laws  of  2008,  is  amended  to  read  as
follows:
  4. Designation of brownfield opportunity area. A. Upon completion of a
nomination for designation of a brownfield opportunity area, it shall be
forwarded by the applicant to the secretary, who WITHIN SIXTY DAYS shall
determine  whether it is consistent with the provisions of this section.
If the secretary determines that the nomination is consistent  with  the
provisions  of  this  section,  the brownfield opportunity area shall be
designated. If the secretary  determines  that  the  nomination  is  not
consistent with the provisions of this section, the secretary shall make
recommendations  in writing to the applicant of the manner and nature in
which the nomination should be amended.  THE APPLICANT SHALL HAVE THIRTY
DAYS TO AGREE AND MAKE SUCH AMENDMENTS TO THE NOMINATION AND  ACCOMPANY-
ING  PLAN.  IF  AN  APPLICANT DISAGREES WITH THE PROPOSED AMENDMENT, THE
APPLICANT SHALL HAVE A FURTHER THIRTY DAYS TO  PROPOSE  ALTERNATIVES  TO
THE PROPOSED AMENDMENT OF THE SECRETARY. THE SECRETARY SHALL HAVE THIRTY
DAYS  TO ACCEPT OR REJECT THE PROPOSED ALTERNATIVES. IF AGREEMENT IS NOT
REACHED AT THE END OF THIS LAST PERIOD, THE  DESIGNATION  OF  THE  NOMI-
NATION  SHALL BE DEEMED AS DENIED, AND ALL REFERENCE TO THE PROPOSED AND
NOMINATED BROWNFIELD OPPORTUNITY AREA SHALL BE ELIMINATED.
  B. THE SECRETARY SHALL MAKE  THE  DETERMINATION  REGARDING  WHETHER  A
QUALIFIED  SITE  SUBJECT TO A BROWNFIELD SITE CLEANUP AGREEMENT PURSUANT
TO SECTION 27-1409 OF THE ENVIRONMENTAL CONSERVATION LAW  IS  CONSISTENT
WITH  A  DESIGNATED  BROWNFIELD  OPPORTUNITY  AREA.  THE SECRETARY SHALL
PROMULGATE REGULATIONS TO ESTABLISH THE PROCESS, CRITERIA AND TIMING FOR
MAKING DETERMINATIONS WHETHER A QUALIFIED  SITE  IS  CONSISTENT  WITH  A
DESIGNATED BROWNFIELD OPPORTUNITY AREA.
  S  25. Subdivision 5 of section 970-r of the general municipal law, as
added by section 1 of part F of chapter  1  of  the  laws  of  2003,  is
amended to read as follows:
  5.  Priority  and preference. The designation of a brownfield opportu-
nity area pursuant to this section is intended to serve  as  a  planning
tool.   It alone shall not impose any new obligations on any property or
property owner.
  A. UPON THE AWARD OF FINANCIAL ASSISTANCE PURSUANT  TO  THIS  SECTION,
THE  SECRETARY  SHALL  NOTIFY  THE  DIVISION  OF  HOUSING  AND COMMUNITY
RENEWAL, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF
TRANSPORTATION, THE DEPARTMENT OF PARKS, RECREATION AND HISTORIC PRESER-

S. 2608--C                         145

VATION, AND THE EMPIRE STATE DEVELOPMENT CORPORATION OF SUCH ASSISTANCE,
AND INCLUDE IN SUCH NOTIFICATION A DESCRIPTION OF THE BROWNFIELD  OPPOR-
TUNITY  AREA  STUDY AREA AND A REQUEST FOR RELEVANT INFORMATION CONCERN-
ING,  WITHOUT LIMITATION, LAND USES, CAPITAL PROJECTS AND PLANS RELATING
TO PROPERTIES OR THE COMMUNITY WITHIN SUCH BROWNFIELD  OPPORTUNITY  AREA
STUDY  AREA,  EXISTING  PLANS  AND PLANNING DOCUMENTS, DEMOGRAPHICS, AND
LOCATION, MAPS AND DESCRIPTION OF EXISTING AND PROPOSED  PUBLIC  FACILI-
TIES AND INFRASTRUCTURE.
  B.  UPON  THE  AWARD OF FINANCIAL ASSISTANCE PURSUANT TO THIS SECTION,
THE SECRETARY SHALL NOTIFY RELEVANT FEDERAL AND LOCAL AGENCIES  OF  SUCH
ASSISTANCE, AND INCLUDE IN SUCH NOTIFICATION A DESCRIPTION OF THE BROWN-
FIELD OPPORTUNITY AREA STUDY AREA AND A REQUEST FOR RELEVANT INFORMATION
CONCERNING,  WITHOUT  LIMITATION,  LAND USES, CAPITAL PROJECTS AND PLANS
RELATING TO PROPERTIES OR THE COMMUNITY WITHIN SUCH BROWNFIELD  OPPORTU-
NITY  AREA STUDY AREA, EXISTING PLANS AND PLANNING DOCUMENTS, DEMOGRAPH-
ICS, AND LOCATION, MAPS AND DESCRIPTION OF EXISTING AND PROPOSED  PUBLIC
FACILITIES AND INFRASTRUCTURE.
  C.  WITHIN  SIX MONTHS OF AN AWARD OF FINANCIAL ASSISTANCE PURSUANT TO
THIS SECTION, THE SECRETARY SHALL SEEK COOPERATION FROM RELEVANT  FEDER-
AL,  STATE  AND  LOCAL  AGENCIES  IN  THE GATHERING OF INFORMATION ABOUT
RESOURCES AND OR PROGRAMS THAT MAY BE RELEVANT TO THE BROWNFIELD  OPPOR-
TUNITY AREA STUDY AREA.
  D. To the extent authorized by law, projects in brownfield opportunity
areas  designated  pursuant to this section shall receive a priority and
preference when considered for financial assistance pursuant to articles
fifty-four and fifty-six of the environmental conservation law.
  E. To the extent authorized by law, projects in brownfield opportunity
areas designated pursuant to this section may  receive  a  priority  and
preference  when  considered  for  financial  assistance pursuant to any
other state, federal or local law.
  F. THE SECRETARY SHALL TAKE SUCH  MEASURES  AS  MAY  BE  NECESSARY  TO
DETERMINE THE AVAILABILITY OF SUCH FINANCIAL AND OTHER ASSISTANCE AND TO
SEEK  COOPERATION  WITH  OTHER  STATE,  FEDERAL  AND  LOCAL OFFICIALS IN
PROVIDING A PRIORITY AND  PREFERENCE  TO  APPLICANTS  PURSUANT  TO  THIS
SUBDIVISION.
  G.  THE  SECRETARY  SHALL,  IN CONSULTATION WITH OTHER STATE AGENCIES,
ISSUE A BROWNFIELD OPPORTUNITY AREA PREFERENCE AND  PRIORITY  REPORT  TO
THE  GOVERNOR,  LEGISLATURE  AND  MEMBERS SERVING ON THE NEW YORK BROWN-
FIELDS ADVISORY BOARD PURSUANT TO SECTION 27-1435 OF  THE  ENVIRONMENTAL
CONSERVATION  LAW  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION
AND EACH SUBSEQUENT YEAR THEREAFTER, IDENTIFYING  FUNDING  PROGRAMS  AND
RESOURCES  RELEVANT  TO AND UTILIZED IN THE IMPLEMENTATION OF BROWNFIELD
OPPORTUNITY AREAS. STATE AGENCIES SHALL PROVIDE  INFORMATION  ABOUT  HOW
THEY  HAVE  SOUGHT TO ACHIEVE PREFERENCE AND PRIORITY FOR PROJECTS BUILT
CONSISTENT WITH A DESIGNATED  BROWNFIELD  OPPORTUNITY  AREA  IN  FUNDING
PROGRAMS IDENTIFIED IN THE REPORT, INCLUDING BUT NOT LIMITED TO, MODIFY-
ING  PROGRAM  ELIGIBILITY AND RANKING CRITERIA TO PROVIDE FOR PREFERENCE
AND PRIORITY FOR PROJECTS BUILT CONSISTENT WITH A DESIGNATED  BROWNFIELD
OPPORTUNITY AREA.
  H. FOR TEN YEARS FOLLOWING NOTIFICATION OF FINANCIAL ASSISTANCE, MUNI-
CIPALITIES,  COMMUNITY  BASED ORGANIZATIONS AND COMMUNITY BOARDS AWARDED
FINANCIAL ASSISTANCE PURSUANT TO  THIS  SECTION  SHALL  BE  REQUIRED  TO
SUBMIT  AN  ANNUAL  REPORT  TO  THE  SECRETARY  PROJECTING  THE FUNDING,
PROGRAMS AND ANY OTHER RESOURCES NEEDED OVER THE UPCOMING FIVE YEARS  TO
ADVANCE THEIR BROWNFIELD OPPORTUNITY AREA.

S. 2608--C                         146

  S  26. Subdivision 6 of section 970-r of the general municipal law, as
added by section 1 of part F of chapter 1 of the laws of 2003, paragraph
a as amended by chapter 386 of the laws  of  2007  and  paragraph  h  as
amended  by  section  1 of part F of chapter 577 of the laws of 2004, is
amended to read as follows:
  6.  State  assistance for [brownfield site assessments in] IMPLEMENTA-
TION STRATEGIES FOR brownfield opportunity areas. a. Within  the  limits
of appropriations therefor, the [commissioner, in consultation with the]
secretary  [of state,] is authorized to provide, on a competitive basis,
financial assistance to municipalities,  to  community  based  organiza-
tions,  to  community  boards,  or to municipalities and community based
organizations acting in cooperation to conduct [brownfield site  assess-
ments]  IMPLEMENTATION  STRATEGIES  in  a  brownfield  opportunity  area
[designated pursuant to this section]. Such financial  assistance  shall
not  exceed ninety percent of the costs of such brownfield [site assess-
ment] OPPORTUNITY AREA IMPLEMENTATION STRATEGIES.
  b. [Brownfield sites eligible for such assistance must be owned  by  a
municipality, or volunteer as such term is defined in section 27-1405 of
the environmental conservation law.
  c.  Brownfield  site  assessment] IMPLEMENTATION STRATEGIES activities
eligible for funding include, but are not limited  to,  (I)  testing  of
properties  to  determine  the  nature  and  extent of the contamination
(including soil and groundwater), environmental assessments IN  CONFORM-
ANCE  WITH  APPLICABLE REQUIREMENTS OF THE COMMISSIONER, the development
of a proposed remediation strategy to  address  any  identified  contam-
ination IN CONFORMANCE WITH APPLICABLE REQUIREMENTS OF THE COMMISSIONER,
and  any  other  activities  deemed  appropriate by the [commissioner in
consultation with the] secretary [of state]. [Any environmental  assess-
ment shall be subject to the review and approval of such commissioner.
  d.]  BROWNFIELD  SITES ELIGIBLE FOR SUCH ASSISTANCE MUST BE OWNED BY A
MUNICIPALITY, OR VOLUNTEER AS SUCH TERM IS DEFINED IN SECTION 27-1405 OF
THE ENVIRONMENTAL CONSERVATION LAW; (II)  ACTIONS  TO  EFFECTUATE  LOCAL
LAND  USE  CHANGES,  INCLUDING ZONING AND NECESSARY LOCAL LAW AMENDMENTS
IDENTIFIED IN THE BROWNFIELD OPPORTUNITY AREA; (III) ESTABLISHING DESIGN
STANDARDS AND DESIGN GUIDELINES, INCLUDING REQUIREMENTS FOR ENERGY EFFI-
CIENCY, GREEN INFRASTRUCTURE AND WATER RE-USE AND  OTHER  SUSTAINABILITY
AND  GREEN DESIGN ELEMENTS; (IV) ACTIVITIES TO MARKET STRATEGIC SITES IN
A BROWNFIELD OPPORTUNITY AREA AND OTHER ACTIVITIES TO ATTRACT  DEVELOPER
INTEREST;  AND  (V) PRE-DEVELOPMENT ACTIVITIES TO ADVANCE THE BROWNFIELD
OPPORTUNITY AREA.
  C. Applications for such assistance shall be submitted to the [commis-
sioner] SECRETARY in a  format,  and  containing  such  information,  as
prescribed  by the [commissioner in consultation with the] secretary [of
state].
  [e.] D. Funding preferences shall be given to  applications  for  such
assistance  that  relate  to  areas  having one or more of the following
characteristics:
  (1) areas for which the application is a partnered  application  by  a
municipality and a community based organization;
  (2) areas with concentrations of brownfield sites;
  (3)  areas for which the application demonstrates support from a muni-
cipality and a community based organization;
  (4) areas showing indicators of economic distress including low  resi-
dent   incomes,   high  unemployment,  high  commercial  vacancy  rates,
depressed property values; and

S. 2608--C                         147

  (5) areas with brownfield sites presenting strategic opportunities  to
stimulate  economic  development, community revitalization or the siting
of public amenities.
  [f.]  E. The [commissioner] SECRETARY, upon the receipt of an applica-
tion for such assistance from a  community  based  organization  not  in
cooperation  with  the  local  government  having  jurisdiction over the
[proposed] brownfield opportunity  area,  shall  request  the  municipal
government  to  review  and  state the municipal government's support or
lack of support. The municipal government's statement shall  be  consid-
ered a part of the application.
  [g.]  F.  Prior  to making an award for assistance, the [commissioner]
SECRETARY shall notify the temporary president of  the  senate  and  the
speaker of the assembly.
  [h.]  G.  Following  notification to the applicant that assistance has
been awarded, and prior to disbursement of funds, a  contract  shall  be
executed  between the department and the applicant or co-applicants. The
[commissioner] SECRETARY shall establish terms and conditions  for  such
contracts  as the [commissioner] SECRETARY deems appropriate [in consul-
tation with the secretary of state],  including  provisions  to  define:
applicant's  work scope, work schedule, and deliverables; fiscal reports
on budgeted and actual use  of  funds  expended;  and  requirements  for
submission of a final fiscal report. The contract shall also require the
distribution  of  work  products  to  the department, and, for community
based organizations, to the applicant's municipality.  Applicants  shall
be  required to make the results publicly available. Such contract shall
further include a provision providing  that  if  any  responsible  party
payments  become available to the applicant, the amount of such payments
attributable to expenses paid by the award shall be paid to the  depart-
ment  by the applicant; provided that the applicant may first apply such
responsible party payments towards actual project costs incurred by  the
applicant.
  H.  TO  THE EXTENT THAT THERE ARE UNEXPENDED FUNDS APPROPRIATED TO THE
DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  FOR  FINANCIAL   ASSISTANCE
AUTHORIZED  IN THIS SUBDIVISION, THE COMMISSIONER SHALL SUBALLOCATE SUCH
FUNDS TO THE SECRETARY.
  S 27. Subdivision 7 of section 970-r of the general municipal law,  as
amended  by  chapter  390  of  the  laws  of 2008, is amended to read as
follows:
  7. Amendments to designated area. Any proposed amendment to  a  brown-
field  opportunity  area  designated  pursuant  to this section shall be
proposed TO, and reviewed by the secretary[,  in  the  same  manner  and
using  the  same criteria set forth in this section and applicable to an
initial nomination for  the  designation  of  a  brownfield  opportunity
area].  THE  SECRETARY  SHALL PROMULGATE RULES THAT CONTAIN CRITERIA AND
TIMEFRAMES FOR REVIEW AND APPROVAL OF AMENDMENTS.
  S 28. Subdivision 8 of section 970-r of the general municipal law,  as
added  by  section  1  of  part  F  of chapter 1 of the laws of 2003, is
amended to read as follows:
  8. Applications. a. All applications for pre-nomination study  assist-
ance  or  applications  for designation of a brownfield opportunity area
shall demonstrate that the following community participation  activities
have been or will be performed by the applicant:
  (1)  identification  of  the  interested  public  and preparation of a
contact list;
  (2) identification of major issues of public concern;

S. 2608--C                         148

  (3) provision [to] FOR access to the draft and final  application  for
pre-nomination  assistance  and  brownfield opportunity area designation
supporting documents in a manner convenient to the public;
  (4)  public notice and newspaper notice of (i) the intent of the muni-
cipality and/or community based organization to undertake a  pre-nomina-
tion process or prepare a brownfield opportunity area plan, and (ii) the
availability of such application.
  b.  Application  for nomination of a brownfield opportunity area shall
provide the following minimum community participation activities:
  (1) a comment period of at least thirty days on a draft application;
  (2) a public meeting on a brownfield opportunity area  draft  applica-
tion.
  C.  AN  APPLICANT THAT HAS SATISFACTORILY SUBMITTED INFORMATION EQUIV-
ALENT TO A PRE-NOMINATION STUDY MAY FORGO A PRE-NOMINATION STUDY AND  IS
ELIGIBLE  TO  APPLY  FOR STATE ASSISTANCE FOR NOMINATIONS TO DESIGNATE A
BROWNFIELD OPPORTUNITY AREA.
  D. APPLICATIONS FOR PRE-NOMINATION  OR  NOMINATION  PURSUANT  TO  THIS
SECTION  MAY BE SUBMITTED TO THE SECRETARY AT ANY TIME DURING THE CALEN-
DAR YEAR.
  S 29. Paragraph (a) of subdivision 2 of section 176 of the  navigation
law,  as  amended by chapter 584 of the laws of 1992, is amended to read
as follows:
  (a) Upon the occurrence of a discharge of  petroleum,  the  department
shall  respond  promptly and proceed to cleanup and remove the discharge
in accordance with environmental priorities or may, at  its  discretion,
direct  the discharger to promptly cleanup and remove the discharge.  IF
A PERSON THE DEPARTMENT DEEMS A DISCHARGER, AND THUS DIRECTS TO  CLEANUP
AND  REMOVE  THE DISCHARGE PURSUANT TO THIS SECTION PRESENTS THE DEPART-
MENT WITH EVIDENCE THAT A THIRD PARTY  IS  SOLELY  RESPONSIBLE  FOR  THE
DISCHARGE  AND REQUESTS THE DEPARTMENT TO DETERMINE WHETHER THE EVIDENCE
ESTABLISHES THE THIRD PARTY IS IN FACT SOLELY RESPONSIBLE,  THE  DEPART-
MENT  SHALL, WITHIN THIRTY DAYS OF RECEIPT OF SUCH REQUEST, DETERMINE IN
WRITING EITHER THAT THE THIRD PARTY: (I) SHALL BE DEEMED A DISCHARGER BY
THE DEPARTMENT, AND SHALL BE  DIRECTED  TO  UNDERTAKE  THE  CLEANUP  AND
REMOVAL OF THE DISCHARGE; OR (II) WILL NOT BE DEEMED A DISCHARGER BY THE
DEPARTMENT  BECAUSE  THE  INFORMATION  PRESENTED  DOES NOT ESTABLISH THE
RESPONSIBILITY OF THE THIRD PARTY BY A PREPONDERANCE OF THE EVIDENCE. IF
THE DEPARTMENT DETERMINES THAT THE PERSON THE DEPARTMENT INITIALLY DEEMS
A DISCHARGER AND THE THIRD PARTY ARE BOTH  DISCHARGERS,  THE  DEPARTMENT
SHALL,  WITHIN  THIRTY  DAYS OF SUCH REQUEST, ADVISE EACH OF THE PARTIES
THAT THEY ARE DEEMED DISCHARGERS SUBJECT TO APPORTIONMENT  OF  LIABILITY
FOR  THE  DISCHARGE  PURSUANT TO SUBDIVISIONS ONE AND TWO OF SECTION ONE
HUNDRED EIGHTY OF THIS ARTICLE. The department shall be responsible  for
cleanup  and  removal  or  as  the case may be, for retaining agents and
contractors who shall operate under the direction of that department for
such purposes. Implementation of cleanup and  removal  procedures  after
each  discharge  shall  be  conducted  in  accordance with environmental
priorities and procedures established by the department.
  S 30. Subdivision 8 of section 176 of the navigation law, as added  by
chapter  712  of the laws of 1989, is amended and a new subdivision 9 is
added to read as follows:
  8. Notwithstanding any other provision of law to the contrary, includ-
ing but not limited to SUBDIVISION (C) OF section 15-108 of the  general
obligations law, every person providing cleanup, removal of discharge of
petroleum  or  relocation  of  persons pursuant to this section shall be
entitled to contribution from any other responsible party.

S. 2608--C                         149

  9. THE FOLLOWING SHALL NOT BE DEEMED A FINAL AGENCY ACTION SUBJECT  TO
REVIEW  PURSUANT  TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
RULES, AND SHALL NOT HAVE A BINDING EFFECT ON ANY PARTY  IN  PENDING  OR
FUTURE  PROCEEDINGS  REGARDING  THE  DISCHARGE:  (A)  A DETERMINATION OR
ACTION  OF  THE DEPARTMENT PURSUANT TO SUBDIVISION ONE, TWO, OR THREE OF
THIS SECTION, INCLUDING BUT NOT  LIMITED  TO,  A  DETERMINATION  OF  THE
REASONABLENESS  OF  ANY COSTS INCURRED; (B) A DETERMINATION OR ACTION OF
THE ADMINISTRATOR PURSUANT TO SECTION ONE HUNDRED  EIGHTY,  ONE  HUNDRED
EIGHTY-ONE-A, OR ONE HUNDRED EIGHTY-THREE OF THIS ARTICLE, INCLUDING THE
FILING OF AN ENVIRONMENTAL LIEN.
  S  31.  Subdivisions  1  and  2  of section 180 of the navigation law,
subdivision 1 as added by chapter 845 of the laws of 1977  and  subdivi-
sion  2  as  amended  by chapter 672 of the laws of 1991, are amended to
read as follows:
  1. To represent the state in meetings with the alleged  discharger  OR
DISCHARGERS  and  claimants  concerning  liability for the discharge and
amount of the claims, AND, IF THERE IS MORE THAN  ONE  DISCHARGER  IN  A
MEETING, TO APPORTION LIABILITY FOR THE DISCHARGE;
  2.  To  determine  if  hearings are needed to settle particular claims
filed by injured persons AND TO APPORTION LIABILITY  BETWEEN  AND  AMONG
DISCHARGERS;
  S  32.  Subdivision 1 of section 181 of the navigation law, as amended
by chapter 712 of the laws of 1989, is amended and a new  subdivision  7
is added to read as follows:
  1.  (A)  Any  person  who  has  discharged petroleum shall be strictly
liable, without regard to fault, for all cleanup and removal  costs  and
all direct and indirect damages, no matter by whom sustained, as defined
in  this  section,  UNLESS  THE  LIABILITY LIMITATION AS DESCRIBED UNDER
PARAGRAPH (B) OF THIS SUBDIVISION APPLIES.  In addition to  cleanup  and
removal  costs  and  damages,  any  such  person who is notified of such
release and who did not undertake relocation of persons residing in  the
area  of  the  discharge in accordance with paragraph (c) of subdivision
seven of section one hundred  seventy-six  of  this  article,  shall  be
liable  to  the  fund  for  an  amount equal to two times the actual and
necessary expense incurred by the fund for such relocation  pursuant  to
section one hundred seventy-seven-a of this article.
  (B) (I) ANY PERSON WHO AGREES TO REMEDIATE THE DISCHARGE TO THE SATIS-
FACTION  OF  THE DEPARTMENT, AND IN CONFORMANCE WITH THIS ARTICLE, SHALL
BE ENTITLED TO RECEIVE LIABILITY LIMITATION.  SUCH  AGREEMENT  SHALL  BE
CALLED  THE  LIABILITY  LIMITATION  AGREEMENT  AND  SHALL BE WRITTEN AND
EXECUTED BY BOTH THE DEPARTMENT AND SUCH PERSON. AFTER EXECUTION OF  THE
LIABILITY  LIMITATION  AGREEMENT, SUCH PERSON SHALL NOT BE LIABLE TO THE
STATE UPON ANY STATUTORY OR COMMON LAW CAUSE OF ACTION, ARISING  OUT  OF
THE  PRESENCE  OF  ANY  CONTAMINATION IN, ON, OR EMANATING FROM THE SITE
THAT WAS THE SUBJECT OF  THE  LIABILITY  LIMITATION,  EXCEPT  THAT  SUCH
PERSON SHALL NOT RECEIVE A RELEASE FOR NATURAL RESOURCE DAMAGES THAT MAY
BE  AVAILABLE  UNDER  LAW.   THE LIABILITY LIMITATION SHALL APPLY TO ALL
SUCCESSORS IN OWNERSHIP OF THE PROPERTY AND TO ALL PERSONS WHO LEASE THE
PROPERTY OR WHO ENGAGE IN OPERATIONS ON THE PROPERTY, PROVIDED THAT SUCH
PERSONS ACT WITH DUE CARE AND IN GOOD FAITH TO ADHERE  TO  THE  REQUIRE-
MENTS OF THE LIABILITY LIMITATION AGREEMENT.
  (II)  A  LIABILITY LIMITATION AGREEMENT AND THE PROTECTIONS IT AFFORDS
SHALL NOT APPLY TO ANY DISCHARGE THAT OCCURS SUBSEQUENT TO THE EXECUTION
OF THE LIABILITY LIMITATION AGREEMENT, NOR SHALL A LIABILITY  LIMITATION
AGREEMENT AND THE PROTECTIONS IT AFFORDS RELIEVE ANY PERSON OF THE OBLI-
GATIONS  TO  COMPLY  IN  THE FUTURE WITH LAWS AND REGULATIONS. THE STATE

S. 2608--C                         150

NONETHELESS SHALL RESERVE ALL OF ITS RIGHTS CONCERNING, AND SUCH LIABIL-
ITY LIMITATION SHALL NOT EXTEND TO,  ANY  FURTHER  INVESTIGATION  AND/OR
REMEDIATION  THE  DEPARTMENT DEEMS NECESSARY DUE TO FRAUD, NONCOMPLIANCE
WITH  THE  TERMS  THAT  FORMED  THE LIABILITY LIMITATION AGREEMENT, OR A
WRITTEN FINDING BY THE DEPARTMENT THAT  A  CHANGE  IN  AN  ENVIRONMENTAL
STANDARD,  FACTOR,  OR  CRITERION  UPON  WHICH  THE LIABILITY LIMITATION
AGREEMENT WAS  BASED  WOULD  RENDER  REMEDIATION  ACTIVITIES  NO  LONGER
PROTECTIVE  OF PUBLIC HEALTH OR THE ENVIRONMENT. NOTHING IN THIS SECTION
SHALL AFFECT THE LIABILITY OF THE PERSON RESPONSIBLE FOR  SUCH  PERSON'S
OWN ACTS OR OMISSIONS CAUSING WRONGFUL DEATH OR PERSONAL INJURY. NOTHING
IN THIS SECTION SHALL AFFECT THE LIABILITY OF ANY PERSON WITH RESPECT TO
ANY CIVIL ACTION BROUGHT BY A PARTY OTHER THAN THE STATE. THE PROVISIONS
OF THIS SECTION SHALL NOT AFFECT AN ACTION OR A CLAIM, INCLUDING A STAT-
UTORY OR COMMON LAW CLAIM FOR CONTRIBUTION OR INDEMNIFICATION, THAT SUCH
PERSON HAS OR MAY HAVE AGAINST A THIRD PARTY.
  7.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS SECTION, A PUBLIC
CORPORATION SHALL NOT BE LIABLE FOR THE DISCHARGE OF PETROLEUM AT A SITE
IF SUCH PUBLIC CORPORATION ACQUIRED SUCH SITE  INVOLUNTARILY,  AND  SUCH
PUBLIC  CORPORATION  RETAINED  SUCH  SITE  WITHOUT  PARTICIPATING IN THE
DEVELOPMENT OF SUCH SITE. THIS EXEMPTION SHALL NOT APPLY TO  ANY  PUBLIC
CORPORATION  THAT  HAS  (A)  CAUSED  OR  CONTRIBUTED TO THE DISCHARGE OF
PETROLEUM FROM OR AT THE SITE,  (B)  PURCHASED,  SOLD,  REFINED,  TRANS-
PORTED,  OR DISCHARGED PETROLEUM FROM OR AT SUCH SITE, OR (C) CAUSED THE
PURCHASE, SALE, REFINEMENT, TRANSPORTATION, OR  DISCHARGE  OF  PETROLEUM
FROM  OR  AT  SUCH  SITE.  THE  TERMS "PUBLIC CORPORATION", "INVOLUNTARY
ACQUISITION OF OWNERSHIP OR CONTROL" AND "PARTICIPATING IN  DEVELOPMENT"
SHALL HAVE THE SAME MEANING AS THOSE TERMS ARE DEFINED IN PARAGRAPHS (C)
AND  (E)  OF  SUBDIVISION  TWO  OF  SECTION 27-1323 OF THE ENVIRONMENTAL
CONSERVATION LAW. HOWEVER,  "PARTICIPATING  IN  DEVELOPMENT"  SHALL  NOT
INCLUDE  IMPROVEMENTS  WHICH  ARE  PART  OF  A  CLEANUP AND REMOVAL OF A
DISCHARGE OF PETROLEUM PURSUANT TO THIS ARTICLE.
  S 33. Section 183 of the navigation law, as added by  chapter  845  of
the laws of 1977, is amended to read as follows:
  S 183. Settlements.  The  administrator  shall  attempt to promote and
arrange a settlement between the claimant  and  the  person  OR  PERSONS
responsible  for  the  discharge.  If the source of the discharge can be
determined and liability is  conceded,  the  claimant  and  the  alleged
discharger OR DISCHARGERS may agree to a settlement which shall be final
and  binding  upon the parties and which will waive all recourse against
the fund.  TO THE EXTENT AN ALLEGED DISCHARGER PRESENTS EVIDENCE TO  THE
ADMINISTRATOR  THAT ANOTHER PARTY IS WHOLLY OR PARTIALLY RESPONSIBLE FOR
THE CLAIM, AND REQUESTS  THE  ADMINISTRATOR  TO  CONSIDER  WHETHER  SUCH
INFORMATION  PRESENTED  ESTABLISHES  BY  A PREPONDERANCE OF THE EVIDENCE
THAT THE THIRD PARTY IS IN FACT WHOLLY  OR  PARTIALLY  RESPONSIBLE,  THE
ADMINISTRATOR WITHIN THIRTY DAYS OF RECEIPT OF SUCH REQUEST SHALL EITHER
DETERMINE:  (1)  IN WRITING, IF THE THIRD PARTY SHALL BE DEEMED AN ADDI-
TIONAL DISCHARGER TO ANY PENDING OR  ANTICIPATED  CLAIM  OR  (2)  IF  AN
ADMINISTRATIVE HEARING AS TO LIABILITY IS NECESSARY.
  S  34.  Severability. If any clause, sentence, paragraph, subdivision,
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 judgment  shall  have
been rendered. It is hereby declared to be the intent of the legislature

S. 2608--C                         151

that  this  act  would have been enacted even if such invalid provisions
had not been included herein.
  S  35.  This  act shall take effect immediately provided that sections
one through thirteen of this act shall apply to  a  qualified  site  for
which the commissioner of environmental conservation has issued a notice
to  the  taxpayer or other applicant after July 1, 2013 that its request
for participation has been  accepted  under  subdivision  6  of  section
27-1407 of the environmental conservation law.

                                 PART OO

  Section  1.  The executive law is amended by adding a new article 10-A
to read as follows:
                               ARTICLE 10-A
                OFFICE OF RISK ASSESSMENT AND MANAGEMENT
SECTION 204. DEFINITIONS.
        205. OFFICE OF RISK ASSESSMENT AND MANAGEMENT; QUALIFICATIONS OF
               RISK MANAGER.
        206. FUNCTIONS AND DUTIES OF THE OFFICE.
  S 204. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "ENTERPRISE RISK MANAGEMENT" SHALL MEAN A STRATEGIC DISCIPLINE THAT
SUPPORTS THE ACHIEVEMENT OF THE STATE'S  OBJECTIVES  BY  ADDRESSING  THE
FULL  SPECTRUM  OF  ITS  RISKS  AND MANAGES THE COMBINED IMPACT OF THOSE
RISKS AS AN INTERRELATED RISK PORTFOLIO.
  2. "LOCAL GOVERNMENT" SHALL MEAN  ANY  COUNTY,  CITY,  TOWN,  VILLAGE,
SUPERVISORY   DISTRICT,  SCHOOL  DISTRICT,  FIRE  DISTRICT,  IMPROVEMENT
DISTRICT OR SPECIAL DISTRICT.
  3. "OFFICE" SHALL MEAN THE OFFICE OF RISK  ASSESSMENT  AND  MANAGEMENT
ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FIVE OF THIS ARTICLE.
  4. "RISK MANAGER" SHALL MEAN THE RISK MANAGER OF THE OFFICE.
  5.  "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, DIVISION, BOARD, COMMIS-
SION, BUREAU, OFFICE OR OTHER AGENCY OF THE STATE.
  S 205. OFFICE OF RISK ASSESSMENT  AND  MANAGEMENT;  QUALIFICATIONS  OF
RISK MANAGER. 1. THERE SHALL BE ESTABLISHED WITHIN THE OFFICE OF GENERAL
SERVICES,  AN  OFFICE  OF RISK ASSESSMENT AND MANAGEMENT. THERE SHALL BE
APPOINTED BY THE GOVERNOR AND CONFIRMED BY THE SENATE THE  RISK  MANAGER
OF  THE  OFFICE, WHO SHALL BE CHARGED WITH THE DUTY OF ADMINISTERING THE
OFFICE. THE COMMISSIONER OF GENERAL SERVICES SHALL FIX  COMPENSATION  OF
THE RISK MANAGER WITHIN THE AMOUNTS APPROPRIATED THEREFOR.
  2. THE RISK MANAGER SHALL HAVE THE FOLLOWING QUALIFICATIONS:
  (A)  AN  UNDERSTANDING  OF  AND  THE  ABILITY  TO  APPLY THE GENERALLY
ACCEPTED PRINCIPLES, STANDARDS AND TECHNIQUES UTILIZED FOR THE IDENTIFI-
CATION, ASSESSMENT AND MANAGEMENT OF ENTERPRISE RISK; AND
  (B) SUFFICIENT  EXPERIENCE  IN  IDENTIFYING,  ASSESSING  AND  MANAGING
ENTERPRISE RISK EXPOSURES THAT PRESENT THE BREADTH AND LEVEL OF COMPLEX-
ITY  OF  ISSUES  THAT CAN REASONABLY BE EXPECTED TO BE RAISED DURING THE
COURSE OF STATE OPERATIONS.
  3. EVERY RISK MANAGER SHALL HAVE ACQUIRED HIS OR  HER  QUALIFICATIONS,
AS  REQUIRED  BY  SUBDIVISION  TWO  OF THIS SECTION, THROUGH APPROPRIATE
EDUCATION AND RELEVANT RISK MANAGEMENT EXPERIENCE ON BEHALF OF A COMMER-
CIAL OR GOVERNMENTAL ORGANIZATION.
  S 206. FUNCTIONS AND DUTIES OF THE OFFICE.  1.  THE  FUNCTION  OF  THE
OFFICE SHALL BE:
  (A)  TO  ANALYZE  THE POTENTIAL EXPOSURE OF THE STATE TO LIABILITY AND
FINANCIAL LOSS ARISING FROM ITS ACTS AND OMISSIONS, FROM THE  OWNERSHIP,

S. 2608--C                         152

CONTROL  OR USE OF ITS REAL AND PERSONAL PROPERTY, OR CONDUCT OR ACTIONS
OF ITS EMPLOYEES OR AGENTS;
  (B)  TO  ESTABLISH  AND  COORDINATE  BUSINESS  CONTINUITY PROGRAMS FOR
ESSENTIAL STATE FUNCTIONS AND SERVICES;
  (C) TO IMPLEMENT RISK MANAGEMENT PROGRAMS TO MANAGE THE STATE'S  EXPO-
SURE TO RISK IN THE MOST COST EFFECTIVE MANNER INCLUDING, BUT NOT LIMIT-
ED  TO,  PROGRAMS  TO  REDUCE  THE LIKELIHOOD AND POTENTIAL COST OF LOSS
EVENTS, AND THE PURCHASE OF INSURANCE OR OTHER RISK SHARING ARRANGEMENTS
WHERE APPROPRIATE; AND
  (D) TO COORDINATE AND SUPPORT THE  RISK  MANAGEMENT  PROGRAMS  OF  ALL
STATE AGENCIES.
  2.  THE  RISK  MANAGER  AND  OFFICE  SHALL FULFILL THEIR FUNCTIONS AND
DUTIES BY:
  (A) CONDUCTING A STUDY, IN  CONSULTATION  WITH  THE  COMPTROLLER,  THE
ATTORNEY  GENERAL, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
OF THE ASSEMBLY, OF THE STATE'S RISK EXPOSURES ON AN ONGOING BASIS. SUCH
STUDY SHALL INCLUDE:
  (I) PRACTICES AND PROCEDURES OF ALL STATE AGENCIES,  AS  THEY  PERTAIN
TO,  IMPACT  UPON,  CAUSE  OR DETER DAMAGE OR LOSS TO: PHYSICAL PROPERTY
OWNED OR CONTROLLED BY THE STATE,  OR  PHYSICAL  INJURIES  SUSTAINED  BY
STATE EMPLOYEES, PERSONS RECEIVING SERVICES FROM THE STATE OR MEMBERS OF
THE GENERAL PUBLIC;
  (II)  THE  ACTIONS, CLAIM SETTLEMENTS, AND CLAIMS SETTLEMENT PROCESSES
RELATED TO ACTIONS IN THE COURT OF CLAIMS,  AND  IN  FEDERAL  AND  STATE
COURTS  OF  COMPETENT JURISDICTIONS AS THEY RELATE TO THE DISPOSITION OF
MATTERS AGAINST THE STATE. FURTHERMORE, FOR THE PURPOSE  OF  DETERMINING
PAST,  PRESENT  AND FUTURE EXPOSURES TO LIABILITY, THE NATURE AND MAGNI-
TUDE OF SUCH EXPOSURES, AND THE TECHNIQUES  FOR  REDUCING  THE  COST  OF
MANAGING AND SETTLING CLAIMS ARISING FROM SUCH EXPOSURES;
  (III) THE ESSENTIAL OPERATIONS AND SERVICE FUNCTIONS OF THE STATE, AND
THE  PROCEDURES  NECESSARY  TO  MAINTAIN  OR RESTORE SUCH OPERATIONS AND
FUNCTIONS TO THE REQUIRED LEVEL FOLLOWING AN EMERGENCY EVENT;
  (IV)  THE  POTENTIAL  FUTURE  LIABILITIES  ARISING  FROM  EXISTING  OR
PROPOSED STATE OPERATIONS OR FUNCTIONS;
  (V)  THE  PREPARATION  OF  AN  INVENTORY OF ALL REAL PROPERTY OWNED OR
LEASED, FOR A PERIOD OF TIME OF MORE THAN FIVE YEARS, BY ALL STATE AGEN-
CIES, AND TO ASCERTAIN PAST,  PRESENT  AND  POTENTIAL  FUTURE  LIABILITY
EXPOSURES AND THE NATURE OF THOSE EXPOSURES;
  (VI) THE DESIGN AND IMPLEMENTATION OF APPROPRIATE COST EFFECTIVE TECH-
NIQUES  AND  PROGRAMS  TO  REDUCE  THE  COST  OF THE STATE'S EXPOSURE TO
LIABILITY AND FINANCIAL LOSS ARISING FROM ITS OPERATIONS OR  THE  OWNER-
SHIP, CONTROL OR USE OF REAL AND PERSONAL PROPERTY, INCLUDING RECOMMEND-
ING STEPS AND PROCEDURES TO BE IMPLEMENTED BY INDIVIDUAL STATE AGENCIES;
AND
  (VII) A REVIEW OF THE APPROPRIATENESS AND NEED TO ENTER INTO CONTRACTS
WITH  OUTSIDE VENDORS AND CONSULTANTS WITH EXPERTISE IN RISK MANAGEMENT,
CLAIMS MANAGEMENT OR SAFETY MANAGEMENT;
  (B) RECOMMENDING AND IMPLEMENTING THE APPROPRIATE RISK MANAGEMENT  AND
BUSINESS CONTINUITY PROGRAMS AS SHALL BE NECESSARY; AND
  (C)  PRIOR  TO  IMPLEMENTING THE STUDY, THE RISK MANAGER SHALL PRESENT
THE COMPTROLLER, THE ATTORNEY GENERAL, THE TEMPORARY  PRESIDENT  OF  THE
SENATE AND THE SPEAKER OF THE ASSEMBLY A DETAILED PLAN FOR HOW HE OR SHE
WILL CONDUCT SUCH STUDY.
  3.  SUCH  STUDY AND RECOMMENDATIONS SHALL BE COMPLETED AND SENT TO THE
GOVERNOR, COMPTROLLER, ATTORNEY GENERAL, EXECUTIVE OFFICER OF EACH STATE
AGENCY INCLUDED THEREIN, TEMPORARY PRESIDENT OF THE SENATE,  SPEAKER  OF

S. 2608--C                         153

THE  ASSEMBLY,  MINORITY LEADER OF THE SENATE AND MINORITY LEADER OF THE
ASSEMBLY NO LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF  THIS
ARTICLE.
  4.  THE  RISK MANAGER SHALL FILE AN ANNUAL REPORT ON THE ACTIVITIES OF
THE OFFICE WITH THE GOVERNOR, COMPTROLLER, ATTORNEY  GENERAL,  TEMPORARY
PRESIDENT  OF  THE SENATE, SPEAKER OF THE ASSEMBLY, THE MINORITY LEADERS
OF THE SENATE AND ASSEMBLY, SENATE FINANCE COMMITTEE AND  ASSEMBLY  WAYS
AND  MEANS  COMMITTEE,  NO  LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE
COMPLETION OF THE CALENDAR YEAR TO WHICH THE REPORT REFERS.
  5. ANY PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY OR  LOCAL  GOVERN-
MENT MAY CONTRACT FOR THE SERVICES OF THE RISK MANAGER AND THE OFFICE IN
THE  EVENT  THAT  SUCH  PUBLIC  BENEFIT CORPORATION, PUBLIC AUTHORITY OR
LOCAL GOVERNMENT IS WITHOUT INTERNAL RISK ASSESSMENT AND ENTERPRISE RISK
MANAGEMENT SERVICES, OR WISHES TO SUPPLEMENT SUCH INTERNAL SERVICES WITH
THE SERVICES PROVIDED BY THE RISK MANAGER AND THE OFFICE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, except that any rules and regulations neces-
sary for the timely implementation of this act  on  its  effective  date
shall be promulgated on or before such date.

                                 PART PP

  Section 1. Subdivision (a) of section 3 of part F of chapter 56 of the
laws  of  2011,  relating  to  permitting  authorized  state entities to
utilize the design-build method for infrastructure projects, is  amended
to read as follows:
  (a)  "authorized  state  entity" shall mean the New York state thruway
authority, the department of transportation, the office of parks, recre-
ation and historic preservation, the department of environmental conser-
vation  and  the  New  York  state  bridge  authority,  EXCEPT   FOR   A
DESIGN-BUILD-FINANCE  CONTRACT  AS  DEFINED  IN SUBSECTION (E-1) OF THIS
SECTION, THIS SHALL MEAN THE DEPARTMENT OF TRANSPORTATION ONLY.
  S 2. Section 3 of part F of chapter 56 of the laws of  2011,  relating
to  permitting  authorized  state  entities  to utilize the design-build
method for infrastructure projects, is amended by adding a new  subdivi-
sion (e-1) to read as follows:
  (E-1)  "DESIGN-BUILD-FINANCE  CONTRACT"  SHALL MEAN A CONTRACT FOR THE
DESIGN, CONSTRUCTION AND FINANCING, WHICH MAY INCLUDE  PRIVATE  CAPITAL,
OF A CAPITAL PROJECT WITH A SINGLE ENTITY, WHICH MAY BE A TEAM COMPRISED
OF SEPARATE ENTITIES.
  S  3.  Section 4 of part F of chapter 56 of the laws of 2011, relating
to permitting authorized state  entities  to  utilize  the  design-build
method for infrastructure projects, is amended to read as follows:
  S  4. Notwithstanding the provisions of section 38 of the highway law,
section 136-a of the state  finance  law,  section  359  of  the  public
authorities law, section 7210 of the education law and the provisions of
any  other  law to the contrary, and in conformity with the requirements
of this act, an authorized state  entity  may  utilize  the  alternative
delivery  [method]  METHODS  referred  to  as design-build contracts AND
DESIGN-BUILD-FINANCE CONTRACTS  for  capital  projects  related  to  the
state's  physical  infrastructure,  including,  but  not limited to, the
state's highways, bridges, dams, flood  control  projects,  canals,  and
parks, including, but not limited to, to repair damage caused by natural
disaster,  to  correct health and safety defects, to comply with federal
and state laws, standards, and regulations, to extend the useful life of
or replace the state's highways, bridges, dams, flood control  projects,

S. 2608--C                         154

canals, and parks or to improve or add to the state's highways, bridges,
dams,  flood  control projects, canals, and parks; provided that for the
contracts executed by the department of transportation,  the  office  of
parks,  recreation and historic preservation, or the department of envi-
ronmental conservation, the total cost of each such project shall not be
less than one million two hundred thousand dollars ($1,200,000).
  S 4. Section 5 of part F of chapter 56 of the laws of  2011,  relating
to  permitting  authorized  state  entities  to utilize the design-build
method for infrastructure projects, is amended to read as follows:
  S 5. An entity selected by an authorized state entity to enter into  a
design-build  contract  OR  A  DESIGN-BUILD-FINANCE  CONTRACT  shall  be
selected through a two-step method, as follows:
  (a) Step one. Generation of a list of entities that have  demonstrated
the   general   capability  to  perform  the  design-build  contract  OR
DESIGN-BUILD-FINANCE CONTRACT.  Such list shall consist of  a  specified
number  of  entities,  as  determined by an authorized state entity, and
shall be generated based upon the authorized state  entity's  review  of
responses  to  a  publicly  advertised  request  for qualifications. The
authorized state entity's request for  qualifications  shall  include  a
general description of the project, the maximum number of entities to be
included  on the list, and the selection criteria to be used in generat-
ing the list. Such selection criteria shall include  the  qualifications
and experience of the design and construction team, organization, demon-
strated responsibility, ability of the team or of a member or members of
the   team   to  comply  with  applicable  requirements,  including  the
provisions of articles 145, 147 and  148  of  the  education  law,  past
record  of  compliance with the labor law, and such other qualifications
the authorized state entity deems appropriate which may include but  are
not limited to project understanding, financial capability and record of
past  performance.  The  authorized state entity shall evaluate and rate
all entities responding to the request for qualifications.   Based  upon
such  ratings,  the authorized state entity shall list the entities that
shall receive a request for proposals in accordance with subdivision (b)
of this section.  To the extent consistent with applicable federal  law,
the  authorized  state entity shall consider, when awarding any contract
pursuant to this section, the  participation  of:  (i)  firms  certified
pursuant to article 15-A of the executive law as minority or women-owned
businesses  and  the  ability of other businesses under consideration to
work with minority and women-owned  businesses  so  as  to  promote  and
assist  participation  by  such  businesses;  and  (ii)  small  business
concerns identified pursuant to subdivision (b) of section 139-g of  the
state finance law.
  (b) Step two. Selection of the proposal which is the best value to the
state.  The  authorized state entity shall issue a request for proposals
to the entities listed pursuant to subdivision (a) of this section.   If
such  an  entity  consists  of a team of separate entities, the entities
that comprise such a team must remain unchanged from the entity as list-
ed pursuant to subdivision (a) of this section unless otherwise approved
by the authorized state entity. The  request  for  proposals  shall  set
forth the project's scope of work, and other requirements, as determined
by the authorized state entity.  The request for proposals shall specify
the  criteria  to  be  used  to  evaluate the responses and the relative
weight  of  each  such  criteria.    Such  criteria  shall  include  the
proposal's  cost, the quality of the proposal's solution, the qualifica-
tions and experience of the design-build OR DESIGN-BUILD-FINANCE entity,
and other factors deemed pertinent by the authorized state entity, which

S. 2608--C                         155

may include, but shall not be limited to, the proposal's project  imple-
mentation,  ability  to  complete  the work in a timely and satisfactory
manner, maintenance costs of the completed project, maintenance of traf-
fic  approach,  and  community  impact. Any contract awarded pursuant to
this act shall be awarded to a responsive and  responsible  entity  that
submits  the proposal, which, in consideration of these and other speci-
fied criteria deemed pertinent to the project, offers the best value  to
the  state, as determined by the authorized state entity. Nothing herein
shall be construed to prohibit the authorized  entity  from  negotiating
final contract terms and conditions including cost.
  S  5. Section 12 of part F of chapter 56 of the laws of 2011, relating
to permitting authorized state  entities  to  utilize  the  design-build
method for infrastructure projects, is amended to read as follows:
  S  12. The submission of a proposal or responses or the execution of a
design-build contract OR DESIGN-BUILD-FINANCE CONTRACT pursuant to  this
act  shall  not  be  construed  to be a violation of section 6512 of the
education law.
  S 6. This act shall take effect immediately; provided,  however,  that
the amendments to sections 3, 4, 5 and 12 of part F of chapter 56 of the
laws  of  2011  made  by sections one through five of this act shall not
affect the repeal of such part and shall be deemed to be repealed there-
with.

                                 PART QQ

  Section 1.  Clause (E) of subparagraph 5 and clause  (F)  of  subpara-
graph  6  of paragraph b of subdivision 1 of section 1016 of the racing,
pari-mutuel wagering and breeding law, as amended by chapter 18  of  the
laws of 2008, are amended to read as follows:
  (E)  On  days  when  a franchised corporation is not conducting a race
meeting and when a licensed harness track is  neither  accepting  wagers
nor  displaying  the signal from an in-state thoroughbred corporation or
association or an out-of-state thoroughbred track:
  (i) Such licensed regional harness track shall receive in lieu of  any
other  payments on wagers placed at off-track betting facilities outside
the special betting district on races conducted by an in-state thorough-
bred racing corporation, [two  and  eight-tenths]  ONE  AND  FOUR-TENTHS
percent  on regular and multiple bets during a regional meeting and [one
and nine-tenths] NINETY-FIVE HUNDREDTHS percent of such bets if there is
no regional meeting and [four  and  eight-tenths]  TWO  AND  FOUR-TENTHS
percent  on exotic bets on days on which there is a regional meeting and
[three and four-tenths] ONE AND SEVEN-TENTHS percent  of  such  bets  if
there is no regional meeting.
  (ii)  Such licensed regional harness track shall receive [one and one-
half] SEVENTY-FIVE HUNDREDTHS per centum on  total  regional  handle  on
races conducted at out-of-state or out-of-country thoroughbred tracks.
  (iii)  In  those  regions  in  which  there  is more than one licensed
regional harness track, if no track is accepting  wagers  or  displaying
the  live  simulcast  signal  from the out-of-state track, the total sum
shall be divided among the tracks in proportion to the ratio the  wagers
placed on races conducted by each track bears to the corporation's total
in-region  harness handle. If one or more tracks are accepting wagers or
displaying the live simulcast signal, the total amount shall be  divided
among  those  tracks  not  accepting  wagers or displaying the simulcast
signal for an out-of-state track or in-state thoroughbred corporation or
association.

S. 2608--C                         156

  (F) Of the sums retained by a licensed harness facility,  [fifty]  ONE
HUNDRED  percent  shall  be used exclusively for purses awarded in races
conducted by such licensed facility [and  the  remaining  fifty  percent
shall  be  retained  by such licensed facility for its general purposes,
provided,  however,  that  in  a  harness  special  betting district the
portion of the sums retained by a licensed harness facility to  be  used
for  purses or the methodology for calculating the amount to be used for
purses may be specified in a written contract between a  harness  racing
association  or  corporation  and  its representative horsemen's associ-
ation].
  S 2. Section 1017 of the racing,  pari-mutuel  wagering  and  breeding
law, as amended by chapter 18 of the laws of 2008, is amended to read as
follows:
  S  1017.  Out-of-state  or out-of-country races. 1. Licensed simulcast
facilities may accept wagers and display the signal of  out-of-state  or
out-of-country  thoroughbred tracks after 7Labor P.M. in accordance with
the provisions of this section.  Such  simulcasting  may  include  mixed
meetings  if  such meetings are integral to such racing programs and all
such wagering on such races shall be construed to be thoroughbred races.
For  facilities  located  within  the  special  betting  district,  such
approval  shall  also be required from a thoroughbred racing corporation
during the period a racing program is being  conducted  at  such  track.
Such  approval shall not be required on any day such thoroughbred racing
corporation is also accepting an out-of-state or  out-of-country  signal
and  wager, as authorized by this section. The provisions of section one
thousand sixteen of this article shall be applicable to the  conduct  of
such  simulcasting and the provisions of clauses (A) and (B) of subpara-
graph four of paragraph b of subdivision one  of  section  one  thousand
sixteen  of  this  article  shall  apply to those facilities licensed in
accordance with sections one thousand eight and  one  thousand  nine  of
this  article  and the provisions of clauses (A) and (B) of subparagraph
six of paragraph b of subdivision one of section one thousand sixteen of
this article shall apply to those facilities licensed in accordance with
section one thousand seven of this article, when such provisions are  in
full  force  and effect pursuant to such section. Provided, however, the
provisions of section one thousand fourteen of  this  article  shall  be
applicable to the conduct of such simulcasting, when such provisions are
in full force and effect pursuant to such section.
  2.  a.  Maintenance of effort. Any off-track betting corporation which
engages in accepting wagers on the simulcasts of thoroughbred races from
out-of-state or out-of-country as permitted  under  subdivision  one  of
this  section shall submit to the board, for its approval, a schedule of
payments to be made in any year or portion thereof, that such  off-track
corporation  engages in nighttime thoroughbred simulcasting. In order to
be approved by the board, the payment schedule shall be identical to the
actual payments and distributions of such payments to [tracks and] purs-
es made by such off-track corporation  pursuant  to  the  provisions  of
section  one  thousand fifteen of this article during the year two thou-
sand two, as derived from out-of-state  harness  races  displayed  after
6:00  P.M.  If  approved  by the board, such scheduled payments shall be
made from revenues derived from any simulcasting conducted  pursuant  to
this section and section one thousand fifteen of this article.
  b.  Additional payments. During each calendar year, to the extent, and
at such time in the event,  that  aggregate  statewide  wagering  handle
after  7Labor P.M. on out-of-state and out-of-country thoroughbred races
exceeds one hundred million dollars, each off-track betting  corporation

S. 2608--C                         157

conducting  such simulcasting shall pay to its regional harness track or
tracks, an amount equal to [two] ONE percent of its proportionate  share
of  such  excess  handle.  In  any  region  where  there are two or more
regional  harness  tracks,  such two percent shall be divided between or
among the tracks in a proportion equal to the proportion  of  handle  on
live  harness races conducted at such tracks during the preceding calen-
dar year. [Fifty percent of the] THE sum received by each track pursuant
to this paragraph shall  be  used  exclusively  for  increasing  purses,
stakes and prizes at that regional harness track.
  S  3. Subdivision 2 of section 529 of the racing, pari-mutuel wagering
and breeding law is amended to read as follows:
  2. [Ninety-five percent of  the  balance  of  such  account  remaining
unclaimed  as  of the last day of February of such year shall be paid to
the state tax commission by March fifteenth. On or before April tenth of
each year the balance of such account and any  other  unclaimed  amounts
received  in the course of conducting off-track betting shall be paid by
such corporation to the state tax commission. A penalty of five  percent
and  interest  at the rate of one percent per month from the due date to
the date of payment of the unclaimed  balance  due  March  fifteenth  or
April  tenth,  as the case may be, shall be payable in case such balance
is not  paid  when  due.  Such  amounts,  interest  and  penalties  when
collected by the state tax commission shall be deposited into the gener-
al  fund  of the state treasury] ON APRIL FIRST OF EACH YEAR, THE AMOUNT
OF TICKETS REMAINING UNCLAIMED FROM THE  PRIOR  YEAR  MAY  BE  USED  FOR
CORPORATE PURPOSES.
  S 4. Paragraph b of subdivision 3 of section 1009 of the racing, pari-
mutuel  wagering  and breeding law, as amended by chapter 18 of the laws
of 2008, is amended to read as follows:
  b. Letters of consent to the application from any regional track which
is not a party to the operation of  the  proposed  theater  unless  such
track is located more than [forty] TEN miles from the proposed simulcast
theater;  and  a  copy  of  any agreement between the applicant and such
corporation pursuant to which such consent has been  given,  subject  to
the  provision  of subdivision two of section one thousand seven of this
article. Notwithstanding the foregoing, the Nassau region may  apply  to
locate  [one  simulcast theater] ANY FAST TRACK BETTING LOCATIONS within
Nassau County without a letter of  consent  from  the  operator  of  the
regional  track  [provided  the proposed simulcast theater is not within
fifteen miles of the closest border of any racing facility operated by a
franchised corporation].
  S 5. Section 503 of the racing, pari-mutuel wagering and breeding  law
is amended by adding a new subdivision 14 to read as follows:
  14.  ON  AND  AFTER  MAY  FIRST,  TWO  THOUSAND THIRTEEN, ANY REGIONAL
OFF-TRACK BETTING CORPORATION WITH A CAPITAL RESERVE FUND IN  EXCESS  OF
FIVE  MILLION DOLLARS SHALL DISBURSE ANY EXCESS FUNDS TO ITS PARTICIPAT-
ING COUNTIES IN PROPORTION TO SUCH COUNTY'S POPULATION MEASURED  AGAINST
THE TOTAL POPULATION OF THE REGION.
  S 6. This act shall take effect immediately.

                                 PART RR

  Section  1.  Notwithstanding the provisions of any general, special or
local law to the contrary, the public service commission,  in  consulta-
tion  with the New York state energy research and development authority,
the division of homeland  security  and  emergency  services  and  other
interested  parties,  shall develop recommendations regarding the estab-

S. 2608--C                         158

lishment of microgrids in the state of New York. For  purposes  of  this
act, the term "microgrid" shall mean a group of interconnected loads and
distributed  energy  resources within clearly defined electrical bounda-
ries  that acts as a single controllable entity with respect to the grid
and can connect and disconnect from the grid to enable it to operate  in
both  grid-connected or island-mode.  Specifically, the commission shall
develop recommendations which include,  but  are  not  limited  to,  the
following:
  (a)  Whether  hospitals,  first responder headquarters, such as police
and fire stations, emergency shelters, schools, water filtration plants,
sewage treatment plants, municipalities, commercial entities, and  other
locations in the state of New York may desire to collaborate on success-
ful microgrids;
  (b) The geographic areas in the state of New York where the establish-
ment  of  such  microgrids should be a priority, based upon severe storm
damage during the two years prior to the effective date of this act;
  (c) the regulatory structure under which microgrid systems would oper-
ate;
  (d) how the operation of microgrids would  conform  with  the  current
requirements  of utilities to provide safe and adequate service to rate-
payers;
  (e) the type of microgrid projects that may be implemented, including,
but not limited to, distributed generation, combined heat and power;  or
utilizing  renewable  technologies  such  as fuel cells, wind, solar, or
other energy systems;
  (f) the technical and regulatory aspect of how  a  microgrid  will  be
interconnected to the power grid;
  (g)  the  adequacy of a microgrid system to operate in emergency situ-
ations and that proper protections are in place to ensure  operation  in
the event of an emergency situation; and
  (h)  funding  mechanisms that should be considered in order to pay for
the establishment, operation and maintenance of such microgrids, includ-
ing a cost benefit analysis for the development  and  implementation  of
microgrids.
  S  2.  The  public  service  commission shall submit a final report of
recommendations to the governor, the temporary president of  the  senate
and the speaker of the assembly within one year after the effective date
of this act.
  S 3. 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 RR of this act shall be
as specifically set forth in the last section of such Parts.

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

    S. 2608--D                                            A. 3008--D

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

                            January 22, 2013
                               ___________

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

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

AN ACT to authorize funding for the Consolidated Local Street and  High-
  way  Improvement  Program  (CHIPS)  and  Marchiselli program for state
  fiscal year 2013-2014 (Part A); to amend the tax law, in  relation  to
  the  statewide  transmission tax and to amend part U1 of chapter 62 of
  the laws of 2003 amending the vehicle and traffic law and  other  laws
  relating  to  increasing  certain  motor  vehicle transaction fees, in
  relation to the effectiveness thereof (Part B); to amend  the  vehicle
  and  traffic  law,  in  relation to imposing drivers license sanctions
  (Part C); to amend the vehicle and traffic law,  in  relation  to  the
  hours  of operation of the department of motor vehicles; and providing
  for the repeal of such provisions upon expiration thereof (Part D); to
  amend the public authorities law, in relation to  enforcement  assist-
  ance;  and  to repeal section 357-a of such law relating to payment by
  the New York state thruway authority  for  services  provided  by  the
  division  of state police (Part E); to amend the environmental conser-
  vation law and the state finance law, in relation to establishing  the
  "Cleaner,  Greener  NY  Act of 2013"; and repealing section 27-1017 of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12573-06-3

S. 2608--D                          2                         A. 3008--D

  the environmental conservation law relating thereto; and providing for
  the repeal of certain provisions upon expiration thereof (Part F);  to
  amend  the  environmental  conservation  law, in relation to mandatory
  tire  acceptance  (Part  G); to amend chapter 393 of the laws of 1994,
  amending the New York state urban development corporation act,  relat-
  ing  to the powers of the New York state urban development corporation
  to make loans, in relation to the effectiveness thereof (Part  H);  to
  amend  chapter  58 of the laws of 2012 amending the public authorities
  law, relating to authorizing the dormitory  authority  to  enter  into
  certain  design and construction management agreements, in relation to
  extending certain authority of the dormitory authority of the state of
  New York and directing the dormitory authority to report on  a  design
  and  construction  management agreement between such authority and the
  department of environmental conservation and/or the office  of  parks,
  recreation  and  historic preservation (Part I); intentionally omitted
  (Part J); 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 K); 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 L); to authorize the
  department of health  to  finance  certain  activities  with  revenues
  generated  from  an assessment on cable television companies (Part M);
  intentionally omitted (Part N); intentionally  omitted  (Part  O);  to
  amend  chapter  21  of  the  laws  of 2003, amending the executive law
  relating to permitting the  secretary  of  state  to  provide  special
  handling  for  all documents filed or issued by the division of corpo-
  rations and to permit additional levels of such expedited service,  in
  relation  to  extending  the  expiration date thereof (Part P); inten-
  tionally omitted (Part Q); to  amend  the  environmental  conservation
  law,  in  relation to the issuance of hunting and fishing licenses; to
  amend part AA of chapter 60 of the laws of 2011, amending the environ-
  mental conservation law relating  to  saltwater  recreational  fishing
  registrations,  in  relation  to  making  the  provisions of such part
  permanent; and to repeal certain provisions of such law relating ther-
  eto (Part R); to amend the agriculture and markets law and the  public
  authorities  law,  in relation to alternate generated power sources at
  retail gasoline outlets (Part S); to require the New York state energy
  research and development authority to develop recommendations  regard-
  ing  the  establishment  of microgrids (Part T); to amend the environ-
  mental conservation law, in relation to the use of  ultra  low  sulfur
  diesel  fuel  and best available technology by the state (Part U); and
  to amend the transportation law, in relation  to  airport  improvement
  and revitalization grants and loans (Part V)

  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 2013-2014
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through V. 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

S. 2608--D                          3                         A. 3008--D

"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 seventy-seven million seven hundred
ninety-seven  thousand  dollars  ($477,797,000),  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
                    2013-14               $39,700,000
                    2014-15               $39,700,000
  (b)  Three hundred seventy-nine million three hundred thousand dollars
($379,300,000) 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 $125,540,000. The amount distributed  pursuant  to  section
16-a  of  chapter  329  of  the  laws  of  1991  shall  be  deemed to be
$253,760,000. 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 86.579 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  86.579 percent of the funding level to be deemed distributed to each
municipality under this subdivision shall be reduced  in  equal  propor-
tion.

S. 2608--D                          4                         A. 3008--D

  (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 $19,460,000. The
amount distributed pursuant to section 16-a of chapter 329 of  the  laws
of   1991  shall  be  deemed  to  be  $39,337,000.  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 13.421 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 13.421 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
                    2013-14               $438,097,000
                    2014-15               $438,097,000
  S 2. This act shall take effect immediately.

                                 PART B

  Section  1.  Subdivision  3 of section 205 of the tax law, as added by
section 8 of part U1 of chapter 62 of the laws of 2003,  is  amended  to
read as follows:
  3.  [From the] THE moneys collected from the taxes imposed by sections
one hundred eighty-three and one hundred eighty-four of this article  on
and  after  April  first,  two thousand [four] THIRTEEN, after reserving
amounts for refunds or reimbursements, SHALL BE DISTRIBUTED AS  FOLLOWS:
twenty  percent  of  such moneys shall be deposited to the credit of the
dedicated highway and bridge trust fund established by  section  eighty-
nine-b  of the state finance law[. The remainder], FIFTY-FOUR PERCENT OF
SUCH MONEYS shall be deposited  in  the  mass  transportation  operating
assistance  fund  to  the credit of the metropolitan mass transportation
operating assistance account created pursuant to section  eighty-eight-a
of  the state finance law AND TWENTY-SIX PERCENT OF SUCH MONEYS SHALL BE
DEPOSITED IN THE MASS TRANSPORTATION OPERATING ASSISTANCE  FUND  TO  THE
CREDIT OF THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT
CREATED PURSUANT TO SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW.
  S  2. Section 13 of part U1 of chapter 62 of the laws of 2003 amending
the vehicle and traffic  law  and  other  laws  relating  to  increasing
certain  motor vehicle transaction fees, as amended by section 1 of part
P of chapter 59 of the laws of 2009, is amended to read as follows:
  S 13. This act shall take effect immediately;  provided  however  that
sections  one through SEVEN OF THIS ACT, THE AMENDMENTS TO SUBDIVISION 2
OF SECTION 205 OF THE TAX LAW MADE BY SECTION EIGHT  OF  THIS  ACT,  AND

S. 2608--D                          5                         A. 3008--D

SECTION  nine  of  this act shall expire and be deemed repealed on March
31, 2015; PROVIDED FURTHER, HOWEVER, THAT THE AMENDMENTS TO  SUBDIVISION
3  OF SECTION 205 OF THE TAX LAW MADE BY SECTION EIGHT OF THIS ACT SHALL
EXPIRE  AND  BE  DEEMED  REPEALED  ON  MARCH 31, 2018; provided further,
however, that the provisions of section eleven of this  act  shall  take
effect  April  1,  2004 and shall expire and be deemed repealed on March
31, 2015.
  S 3. This act shall take effect on the  same  date  and  in  the  same
manner  as  the expiration and repeal of subdivision 3 of section 205 of
the tax law as provided in section 2 of part P of chapter 59 of the laws
of 2012, as amended.

                                 PART C

  Section 1. Paragraph (a) of subdivision 4  of  section  510-a  of  the
vehicle  and  traffic law, as amended by section 14 of part E of chapter
60 of the laws of 2005, is amended to read as follows:
  (a) A serious traffic violation  shall  mean  operating  a  commercial
motor  vehicle IN VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE LAWS
OR ORDINANCES OF ANY OTHER STATE OR LOCALITY OUTSIDE OF THIS STATE  THAT
RESTRICTS  OR  PROHIBITS  THE  USE  OF A HAND-HELD MOBILE TELEPHONE OR A
PORTABLE ELECTRONIC DEVICE WHILE OPERATING A COMMERCIAL MOTOR VEHICLE OR
in violation of any provision of this chapter or the laws of  any  other
state,  the  District  of  Columbia  or  any Canadian province which (i)
limits the speed of motor  vehicles,  provided  the  violation  involved
fifteen or more miles per hour over the established speed limit; (ii) is
defined  as  reckless driving by state or local law or regulation; (iii)
prohibits improper or erratic lane change; (iv) prohibits following  too
closely;  (v)  relates  to  motor  vehicle  traffic (other than parking,
standing or stopping) and which arises in connection with a fatal  acci-
dent;  (vi) operating a commercial motor vehicle without first obtaining
a commercial driver's license as required by section five hundred one of
this title; (vii) operating a commercial motor vehicle without a commer-
cial driver's license in the driver's possession; or (viii) operating  a
commercial motor vehicle without the proper class of commercial driver's
license  and/or  endorsement  for the specific vehicle being operated or
for the passengers or type of cargo being transported.
  S 2. Paragraphs (c) and (e) of subdivision 1 of section 1225-c of  the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended to read as follows:
  (c)  "Using"  shall  mean (I) holding a mobile telephone to, or in the
immediate proximity of, the user's ear;  AND  (II)  WITH  RESPECT  TO  A
PERSON  OPERATING A COMMERCIAL MOTOR VEHICLE, HOLDING A MOBILE TELEPHONE
TO, OR IN THE IMMEDIATE PROXIMITY OF, THE  USER'S  EAR,  OR  DIALING  OR
ANSWERING  A  MOBILE TELEPHONE BY PRESSING MORE THAN A SINGLE BUTTON, OR
REACHING FOR A MOBILE TELEPHONE IN A MANNER THAT REQUIRES SUCH PERSON TO
MANEUVER SO THAT HE OR SHE IS NO LONGER IN A  SEATED  DRIVING  POSITION,
RESTRAINED  BY  A SEAT BELT THAT IS INSTALLED IN ACCORDANCE WITH SECTION
393.93 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS  AND  ADJUSTED  IN
ACCORDANCE WITH THE VEHICLE MANUFACTURER'S INSTRUCTIONS.
  (e)  "Hands-free  mobile telephone" shall mean a mobile telephone that
has an internal feature or function, or that is equipped with an attach-
ment or addition, whether or not permanently part of such  mobile  tele-
phone, by which a user engages in a call without the use of either hand,
whether  or not the use of either hand is necessary to activate, deacti-
vate or initiate a function of such telephone.  PROVIDED, HOWEVER,  THAT

S. 2608--D                          6                         A. 3008--D

FOR  PURPOSES OF THIS SECTION, A MOBILE TELEPHONE USED BY A PERSON OPER-
ATING A COMMERCIAL MOTOR VEHICLE  SHALL  NOT  BE  DEEMED  A  "HANDS-FREE
MOBILE  TELEPHONE"  WHEN  SUCH PERSON DIALS OR ANSWERS SUCH MOBILE TELE-
PHONE BY PRESSING MORE THAN A SINGLE BUTTON.
  S 3. Subdivision 1 of section 1225-c of the vehicle and traffic law is
amended by adding two new paragraphs (h) and (i) to read as follows:
  (H)  "COMMERCIAL  MOTOR  VEHICLE"  SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED BY SUBDIVISION FOUR-A OF SECTION TWO OF THE  TRANSPORTA-
TION LAW.
  (I)  "MOTOR  CARRIER"  SHALL  HAVE  THE  SAME  MEANING AS SUCH TERM IS
DEFINED BY SUBDIVISION SEVENTEEN OF SECTION TWO  OF  THE  TRANSPORTATION
LAW.
  S  4. Paragraphs (a) and (b) of subdivision 2 of section 1225-c of the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended to read as follows:
  (a) Except as otherwise provided in  this  section,  no  person  shall
operate a motor vehicle upon a public highway while using a mobile tele-
phone  to  engage  in  a call while such vehicle is in motion; PROVIDED,
HOWEVER, THAT NO PERSON SHALL OPERATE A COMMERCIAL MOTOR  VEHICLE  WHILE
USING A MOBILE TELEPHONE TO ENGAGE IN A CALL ON A PUBLIC HIGHWAY INCLUD-
ING  WHILE  TEMPORARILY STATIONARY BECAUSE OF TRAFFIC, A TRAFFIC CONTROL
DEVICE, OR OTHER MOMENTARY DELAYS. PROVIDED  FURTHER,  HOWEVER,  THAT  A
PERSON  SHALL  NOT  BE DEEMED TO BE OPERATING A COMMERCIAL MOTOR VEHICLE
WHILE USING A MOBILE TELEPHONE TO ENGAGE IN A CALL ON A  PUBLIC  HIGHWAY
WHEN SUCH VEHICLE IS STOPPED AT THE SIDE OF, OR OFF, A PUBLIC HIGHWAY IN
A  LOCATION WHERE SUCH VEHICLE IS NOT OTHERWISE PROHIBITED FROM STOPPING
BY LAW, RULE, REGULATION OR ANY LAWFUL ORDER OR DIRECTION  OF  A  POLICE
OFFICER.
  (b)  An operator of [a] ANY motor vehicle who holds a mobile telephone
to, or in the immediate proximity of, his or her ear while such  vehicle
is  in motion is presumed to be engaging in a call within the meaning of
this section; PROVIDED, HOWEVER, THAT AN OPERATOR OF A COMMERCIAL  MOTOR
VEHICLE  WHO  HOLDS A MOBILE TELEPHONE TO, OR IN THE IMMEDIATE PROXIMITY
OF, HIS OR HER EAR WHILE SUCH VEHICLE IS TEMPORARILY STATIONARY  BECAUSE
OF  TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS IS ALSO
PRESUMED TO BE ENGAGING IN A CALL WITHIN THE  MEANING  OF  THIS  SECTION
EXCEPT  THAT A PERSON OPERATING A COMMERCIAL MOTOR VEHICLE WHILE USING A
MOBILE TELEPHONE TO ENGAGE IN A CALL WHEN SUCH VEHICLE IS STOPPED AT THE
SIDE OF, OR OFF, A PUBLIC HIGHWAY IN A LOCATION WHERE  SUCH  VEHICLE  IS
NOT  OTHERWISE  PROHIBITED FROM STOPPING BY LAW, RULE, REGULATION OR ANY
LAWFUL ORDER OR DIRECTION OF A POLICE OFFICER SHALL NOT BE  PRESUMED  TO
BE  ENGAGING IN A CALL WITHIN THE MEANING OF THIS SECTION.  The presump-
tion established by this subdivision is rebuttable by  evidence  tending
to show that the operator was not engaged in a call.
  S 5. Subdivision 2 of section 1225-c of the vehicle and traffic law is
amended by adding a new paragraph (d) to read as follows:
  (D)  NO  MOTOR  CARRIER  SHALL  ALLOW  OR REQUIRE ITS DRIVERS TO USE A
HAND-HELD MOBILE TELEPHONE WHILE OPERATING A COMMERCIAL MOTOR VEHICLE AS
PROVIDED IN THIS SECTION.
  S 6. Subdivision 1 of section 1225-d of the vehicle and  traffic  law,
as  added  by  chapter  403  of  the laws of 2009, is amended to read as
follows:
  1. Except as otherwise provided in this section, no person shall oper-
ate a motor vehicle while using any  portable  electronic  device  while
such vehicle is in motion; PROVIDED, HOWEVER, THAT NO PERSON SHALL OPER-
ATE  A  COMMERCIAL  MOTOR  VEHICLE  WHILE  USING ANY PORTABLE ELECTRONIC

S. 2608--D                          7                         A. 3008--D

DEVICE ON  A  PUBLIC  HIGHWAY  INCLUDING  WHILE  TEMPORARILY  STATIONARY
BECAUSE OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS.
PROVIDED FURTHER, HOWEVER, THAT A PERSON SHALL NOT BE DEEMED TO BE OPER-
ATING  A  COMMERCIAL  MOTOR  VEHICLE  WHILE  USING A PORTABLE ELECTRONIC
DEVICE ON A PUBLIC HIGHWAY WHEN SUCH VEHICLE IS STOPPED AT THE SIDE  OF,
OR  OFF, A PUBLIC HIGHWAY IN A LOCATION WHERE SUCH VEHICLE IS NOT OTHER-
WISE PROHIBITED FROM STOPPING BY LAW, RULE,  REGULATION  OR  ANY  LAWFUL
ORDER OR DIRECTION OF A POLICE OFFICER.
  S  7.  Section  1225-d  of  the  vehicle and traffic law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. NO MOTOR CARRIER SHALL ALLOW OR REQUIRE  ITS  DRIVERS  TO  USE  A
PORTABLE ELECTRONIC DEVICE WHILE OPERATING A COMMERCIAL MOTOR VEHICLE AS
PROVIDED IN THIS SECTION.
  S  8. Paragraphs (a) and (b) of subdivision 2 of section 1225-d of the
vehicle and traffic law, as added by chapter 403 of the  laws  of  2009,
are amended to read as follows:
  (a) "Portable electronic device" shall mean any hand-held mobile tele-
phone,  as  defined by subdivision one of section twelve hundred twenty-
five-c of this  article,  personal  digital  assistant  (PDA),  handheld
device  with  mobile  data  access,  laptop  computer,  pager, broadband
personal communication  device,  two-way  messaging  device,  electronic
game,  or portable computing device, OR ANY OTHER ELECTRONIC DEVICE WHEN
USED TO INPUT, WRITE, SEND, RECEIVE, OR READ TEXT FOR PRESENT OR  FUTURE
COMMUNICATION.
  (b)  "Using"  shall  mean  holding  a portable electronic device while
viewing, taking or transmitting  images,  playing  games,  or,  FOR  THE
PURPOSE  OF  PRESENT  OR  FUTURE  COMMUNICATION: PERFORMING A COMMAND OR
REQUEST TO ACCESS A WORLD WIDE WEB PAGE,  composing,  sending,  reading,
viewing, accessing, browsing, transmitting, saving or retrieving e-mail,
text messages, INSTANT MESSAGES, or other electronic data.
  S 9. Subdivision 2 of section 1225-d of the vehicle and traffic law is
amended by adding two new paragraphs (c) and (d) to read as follows:
  (C)  "COMMERCIAL  MOTOR  VEHICLE"  SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED BY SUBDIVISION FOUR-A OF SECTION TWO OF THE  TRANSPORTA-
TION LAW.
  (D)  "MOTOR  CARRIER"  SHALL  HAVE  THE  SAME  MEANING AS SUCH TERM IS
DEFINED BY SUBDIVISION SEVENTEEN OF SECTION TWO  OF  THE  TRANSPORTATION
LAW.
  S  10. Subdivision 4 of section 1225-d of the vehicle and traffic law,
as amended by chapter 109 of the laws of 2011, is  amended  to  read  as
follows:
  4.  A  person  who holds a portable electronic device in a conspicuous
manner while operating a motor vehicle OR WHILE OPERATING  A  COMMERCIAL
MOTOR VEHICLE ON A PUBLIC HIGHWAY INCLUDING WHILE TEMPORARILY STATIONARY
BECAUSE  OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS
BUT NOT INCLUDING WHEN SUCH COMMERCIAL MOTOR VEHICLE IS STOPPED  AT  THE
SIDE  OF,  OR  OFF, A PUBLIC HIGHWAY IN A LOCATION WHERE SUCH VEHICLE IS
NOT OTHERWISE PROHIBITED FROM STOPPING BY LAW, RULE, REGULATION  OR  ANY
LAWFUL  ORDER  OR  DIRECTION OF A POLICE OFFICER is presumed to be using
such device, EXCEPT THAT A PERSON OPERATING A COMMERCIAL  MOTOR  VEHICLE
WHILE USING A PORTABLE ELECTRONIC DEVICE WHEN SUCH VEHICLE IS STOPPED AT
THE  SIDE  OF, OR OFF, A PUBLIC HIGHWAY IN A LOCATION WHERE SUCH VEHICLE
IS NOT OTHERWISE PROHIBITED FROM STOPPING BY LAW,  RULE,  REGULATION  OR
ANY  LAWFUL ORDER OR DIRECTION OF A POLICE OFFICER SHALL NOT BE PRESUMED
TO BE USING SUCH DEVICE. The presumption established by this subdivision

S. 2608--D                          8                         A. 3008--D

is rebuttable by evidence tending to show  that  the  operator  was  not
using the device within the meaning of this section.
  S  11.  This act shall take effect October 28, 2013 and shall apply to
violations committed on or after such date.

                                 PART D

  Section 1. Subdivision 1 of section 200 of  the  vehicle  and  traffic
law, as amended by chapter 60 of the laws of 1993, is amended to read as
follows:
  1.  There shall be in the state government a department of motor vehi-
cles.  The head of the department shall be  the  commissioner  of  motor
vehicles  who shall be appointed by the governor, by and with the advice
and consent of the senate, and hold office until the end of the term  of
the appointing governor and until a successor is appointed and has qual-
ified,  and  who shall receive an annual salary within the amount appro-
priated therefor. The commissioner of  motor  vehicles  shall  have  the
immediate  charge  of the department. The commissioner of motor vehicles
may appoint, and at pleasure remove, such deputy commissioners of  motor
vehicles,  inspectors,  examiners  and other assistants and employees of
the department as are deemed necessary,  within  the  amounts  available
therefor  by  appropriation.  The commissioner of motor vehicles and all
other officers and employees of the department shall be paid and allowed
their necessary, actual and reasonable expenses incurred in the exercise
of their duties. All salaries and expenses of the  department  shall  be
paid  out  of  the  state treasury on the audit and warrant of the comp-
troller on the certificate of the commissioner of  motor  vehicles.  The
principal  office  of  the  department  shall  be in the city of Albany.
NOTWITHSTANDING THE PROVISIONS OF SECTION SIXTY-TWO OF THE PUBLIC  OFFI-
CERS  LAW,  THE  COMMISSIONER  OF  MOTOR  VEHICLES MAY DESIGNATE CERTAIN
BRANCH OFFICES OF THE DEPARTMENT TO BE OPEN  TO  SERVE  THE  PUBLIC  AND
TRANSACT BUSINESS ON SATURDAYS.  SUCH DESIGNATION BY THE COMMISSIONER OF
MOTOR VEHICLES SHALL NOT WAIVE OR IMPAIR THE TERMS OF AN EXISTING AGREE-
MENT NEGOTIATED BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION NOR LIMIT
ANY OBLIGATION TO BARGAIN TERMS AND CONDITIONS OF EMPLOYMENT PURSUANT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed two years after such date.

                                 PART E

  Section 1. Section 357-a of public authorities law is REPEALED  and  a
new section 357-a is added to read as follows:
  S  357-A. STATE POLICE AND STATE PAYMENT FOR SERVICES.  1. ENFORCEMENT
ASSISTANCE SHALL BE PROVIDED BY THE DIVISION OF STATE POLICE AT A  LEVEL
CONSISTENT WITH HISTORICAL PRECEDENTS, AS A MATTER OF STATE INTEREST, ON
ALL  SECTIONS  OF  THE  THRUWAY.  THE  AUTHORITY SHALL PROVIDE GOODS AND
SERVICES TO THE DIVISION OF STATE POLICE IN CONNECTION WITH ITS ENFORCE-
MENT ACTIVITY ON THE THRUWAY. THE  DIVISION  OF  STATE  POLICE  AND  THE
AUTHORITY  SHALL  ENTER  INTO  AN  AGREEMENT IDENTIFYING THOSE GOODS AND
SERVICES THAT THE AUTHORITY WILL PROVIDE TO THE DIVISION OF STATE POLICE
AND DETERMINE REPORTING AND  OTHER  REQUIREMENTS  RELATED  THERETO.  ANY
COSTS  BORNE  BY THE STATE POLICE OUTSIDE OF SUCH AGREEMENT SHALL NOT BE
REIMBURSED BY THE AUTHORITY NOR  SHALL  THEY  BE  DEEMED  COSTS  OF  THE
AUTHORITY.

S. 2608--D                          9                         A. 3008--D

  2.  THE  STATE  SHALL BE RESPONSIBLE FOR ADDITIONAL GOODS AND SERVICES
PROVIDED BY THE AUTHORITY EQUAL TO TWENTY-FOUR MILLION DOLLARS  IN  EACH
CALENDAR  YEAR.  SUCH  GOODS AND SERVICES SHALL BE DEEMED TO BE COSTS TO
THE STATE AND NOT OPERATING COSTS OF THE AUTHORITY.  THE  AUTHORITY  AND
THE DIRECTOR OF THE DIVISION OF THE BUDGET SHALL ENTER INTO AN AGREEMENT
IDENTIFYING  ANY  SUCH  STATE  COSTS  AND  DETERMINE REPORTING AND OTHER
REQUIREMENTS RELATED THERETO.
  SUCH AGREEMENT AND ANY AMENDMENTS THERETO SHALL BE TRANSMITTED BY  THE
AUTHORITY,  WITHIN  TEN BUSINESS DAYS OF THE EXECUTION OF SUCH AGREEMENT
AND AMENDMENTS THERETO, TO THE CHAIR OF THE  SENATE  FINANCE  COMMITTEE,
THE  CHAIR  OF  THE  ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE
SENATE TRANSPORTATION COMMITTEE AND THE CHAIR OF THE ASSEMBLY  TRANSPOR-
TATION  COMMITTEE.  BY FEBRUARY FIRST OF EACH YEAR, A REPORT IDENTIFYING
ALL STATE COSTS PAID PURSUANT TO SUCH AGREEMENT IN THE PRECEDING  CALEN-
DAR  YEAR  WILL  BE  TRANSMITTED BY THE AUTHORITY TO THE DIRECTOR OF THE
BUDGET, THE CHAIR OF THE SENATE FINANCE  COMMITTEE,  THE  CHAIR  OF  THE
ASSEMBLY  WAYS  AND MEANS COMMITTEE, THE CHAIR OF THE SENATE TRANSPORTA-
TION COMMITTEE AND THE CHAIR OF THE ASSEMBLY TRANSPORTATION COMMITTEE.
  3. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE  AUTHORITY  SHALL  NOT
CONSTITUTE  A  PUBLIC  BENEFIT CORPORATION WITHIN THE MEANING OF SECTION
TWENTY-NINE HUNDRED SEVENTY-FIVE  OF  THIS  CHAPTER  AND  SHALL  NOT  BE
ASSESSED AN ANNUAL COST RECOVERY CHARGE UNDER SAID SECTION.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2013.

                                 PART F

  Section 1. This act shall be known and may be cited as  the  "Cleaner,
Greener NY act of 2013."
  S 2. Subdivision 2-a of section 27-1003 of the environmental conserva-
tion  law, as added by section 3 of part SS of chapter 59 of the laws of
2009, is amended to read as follows:
  2-a. "Bottler" means a person, firm or corporation who:
  a. bottles, cans or otherwise packages beverages in beverage  contain-
ers  except  that  if  such  packaging  is for [a distributor] ANY OTHER
PERSON, FIRM OR CORPORATION having the right to bottle, can or otherwise
package the same  brand  of  beverage,  then  such  [distributor]  OTHER
PERSON, FIRM OR CORPORATION shall be the bottler; or
  b. imports filled beverage containers into the United States.
  S  3. Section 27-1007 of the environmental conservation law is amended
by adding a new subdivision 12 to read as follows:
  12. NO PERSON SHALL INTENTIONALLY PROGRAM, TAMPER WITH, RENDER INACCU-
RATE, OR CIRCUMVENT THE PROPER OPERATION OF A REVERSE VENDING MACHINE TO
WRONGFULLY ELICIT DEPOSIT MONIES  WHEN  NO  VALID,  REDEEMABLE  BEVERAGE
CONTAINER HAS BEEN PLACED IN AND PROPERLY PROCESSED BY THE REVERSE VEND-
ING MACHINE.
  S 4. Section 27-1009 of the environmental conservation law, as amended
by section 5 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1009. Refusal of acceptance.
  1.  A  dealer  or operator of a redemption center may refuse to accept
from a redeemer, and a deposit initiator or distributor  may  refuse  to
accept from a dealer or operator of a redemption center any empty bever-
age container which does not state thereon a refund value as established
by section 27-1005 and provided by section 27-1011 of this title.

S. 2608--D                         10                         A. 3008--D

  2.  A  dealer  or  operator  of a redemption center may also refuse to
accept  any  broken  bottle,  corroded,  CRUSHED  or  dismembered  [can]
CONTAINER, or any beverage container which contains a significant amount
of  foreign  material,  as  determined  in  rules  and regulations to be
promulgated by the commissioner.
  S  5.  Subdivision 1 of section 27-1011 of the environmental conserva-
tion law, as amended by chapter 149 of the laws of 1983, is  amended  to
read as follows:
  1.  a. Every beverage container sold or offered for sale in this state
[by a distributor or dealer] shall clearly indicate by permanently mark-
ing or embossing the container or by printing as  part  of  the  product
label  the refund value of the container and the words "New York" or the
letters "NY"[; provided, however, in the case of private label beverages
such information may be embossed or printed on a label which is securely
or permanently affixed to the beverage container. Private label beverag-
es shall be defined as beverages purchased from a beverage  manufacturer
in  beverage  containers  bearing  a brand name or trademark for sale at
retail directly by the owner or licensee of such brand  name  or  trade-
mark;  or  through retail dealers affiliated with such owner or licensee
by a cooperative or franchise agreement].
  b. Such embossing or permanent imprinting on  the  beverage  container
shall  be  the  responsibility  of the person, firm or corporation which
bottles, cans or otherwise fills or packages a beverage container  or  a
brand  owner  for  whose  exclusive  account private label beverages are
bottled, canned or otherwise packaged; provided, however, that the  duly
authorized  agent  of  any such person, firm or corporation may indicate
such refund value by a label securely affixed on any beverage  container
containing  beverages  imported  into the United States.   PRIVATE LABEL
BEVERAGES SHALL BE DEFINED AS BEVERAGES  PURCHASED  FROM  A  BOTTLER  IN
BEVERAGE CONTAINERS BEARING A BRAND NAME OR TRADEMARK FOR SALE AT RETAIL
DIRECTLY  BY  THE  OWNER OR LICENSEE OF SUCH BRAND NAME OR TRADEMARK; OR
THROUGH RETAIL DEALERS AFFILIATED WITH SUCH OWNER OR LICENSEE BY A COOP-
ERATIVE OR FRANCHISE AGREEMENT.
  S 6. Subdivision 5, paragraph b of subdivision 9 and subdivision 12 of
section 27-1012 of the  environmental  conservation  law,  as  added  by
section  8  of part SS of chapter 59 of the laws of 2009, are amended to
read as follows:
  5. All monies collected or received by the department of taxation  and
finance  pursuant  to this title shall be deposited to the credit of the
comptroller with such responsible banks, banking houses or trust  compa-
nies  as  may  be  designated by the comptroller. Such deposits shall be
kept separate and apart from all other moneys in the possession  of  the
comptroller.  The  comptroller  shall require adequate security from all
such depositories. Of the total revenue collected, the comptroller shall
retain the amount determined by the commissioner of taxation and finance
to be necessary for refunds out of which the comptroller  must  pay  any
refunds  to  which  a deposit initiator may be entitled. After reserving
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[.];  PROVIDED, HOWEVER, THAT, BEGINNING APRIL
FIRST, TWO THOUSAND THIRTEEN, AND ALL FISCAL YEARS  THEREAFTER,  FIFTEEN
MILLION  DOLLARS  PLUS  ALL  FUNDS  RECEIVED  FROM THE PAYMENTS DUE EACH
FISCAL YEAR PURSUANT TO SUBDIVISION FOUR OF THIS SECTION  IN  EXCESS  OF
THE  AMOUNT RECEIVED FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH

S. 2608--D                         11                         A. 3008--D

THIRTY-FIRST, TWO THOUSAND THIRTEEN, SHALL BE DEPOSITED TO THE CREDIT OF
THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION  NINE-
TY-TWO-S OF THE STATE FINANCE LAW.
  b.  Any  deposit  initiator  who fails to FILE REPORTS, MAKE QUARTERLY
PAYMENTS OR 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 thousand dollars for each quar-
ter such failure continues.
  12. [Beginning on June first, two thousand nine each deposit initiator
shall register the container label of any beverage offered for  sale  in
the state on which it initiates a deposit. Any such registered container
label  shall  bear a universal product code. Such universal product code
shall be New York state specific, in  order  to  identify  the  beverage
container  as  offered  for sale exclusively in New York state, and as a
means of preventing illegal redemption of beverage containers  purchased
out-of-state. Registration must be on forms as prescribed by the depart-
ment 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  registration  whenever  that  label  is  revised  by altering the
universal product code or whenever the container on which it appears  is
changed  in size, composition or glass color.] A. EACH DEPOSIT INITIATOR
SHALL PROVIDE A REPORT TO THE DEPARTMENT DESCRIBING  ALL  THE  TYPES  OF
BEVERAGE  CONTAINERS  ON  WHICH  IT INITIATES DEPOSITS. THE REPORT SHALL
INCLUDE THE PRODUCT NAME, TYPE OF BEVERAGE, SIZE AND COMPOSITION OF  THE
BEVERAGE  CONTAINER,  UNIVERSAL  PRODUCT CODE, AND ANY OTHER INFORMATION
THE DEPARTMENT MAY REQUIRE. UPON REQUEST, A DEPOSIT INITIATOR SHALL ALSO
PROVIDE TO THE DEPARTMENT A COPY OF THE CONTAINER LABEL OR A PICTURE  OF
ANY  BEVERAGE  CONTAINER SOLD OR OFFERED FOR SALE IN THIS STATE ON WHICH
IT INITIATES A DEPOSIT. SUCH INFORMATION SHALL BE PROVIDED IN A FORM  AS
PRESCRIBED  BY  THE  DEPARTMENT.    THE DEPARTMENT MAY REQUIRE THAT SUCH
FORMS BE FILED ELECTRONICALLY.
  B. A BOTTLER MAY PLACE ON A BEVERAGE  CONTAINER  A  UNIVERSAL  PRODUCT
CODE  OR OTHER DISTINCTIVE MARKING THAT IS SPECIFIC TO THE STATE OR USED
ONLY IN THE STATE AND ANY OTHER STATES WITH LAWS  SUBSTANTIALLY  SIMILAR
TO  THIS TITLE AS A MEANS OF PREVENTING THE SALE OR REDEMPTION OF BEVER-
AGE CONTAINERS ON WHICH NO DEPOSIT WAS INITIATED.
  C. A BOTTLER OR DEPOSIT INITIATOR SHALL NOTIFY THE  DEPARTMENT,  IN  A
FORM  PRESCRIBED  BY  THE  DEPARTMENT,  WHENEVER A BEVERAGE CONTAINER OR
BEVERAGE CONTAINER LABEL IS REVISED BY ALTERING  THE  UNIVERSAL  PRODUCT
CODE,  OR  WHENEVER  THE  CONTAINER  ON  WHICH  A UNIVERSAL PRODUCT CODE
APPEARS IS CHANGED IN SIZE, COMPOSITION OR GLASS COLOR, OR WHENEVER  THE
CONTAINER  OR  CONTAINER LABEL ON WHICH A UNIVERSAL PRODUCT CODE APPEARS
IS CHANGED TO INCLUDE A UNIVERSAL PRODUCT CODE THAT  IS  UNIQUE  TO  THE
STATE  OR USED ONLY IN THE STATE AND ANY OTHER STATES WITH LAWS SUBSTAN-
TIALLY SIMILAR TO THIS TITLE.
  S 7. Section 27-1013 of the environmental conservation law, as amended
by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1013. Redemption centers.
  1. The commissioner is hereby empowered to promulgate rules and  regu-
lations  governing  [(1)]  (A) the circumstances in which DEPOSIT INITI-

S. 2608--D                         12                         A. 3008--D

ATORS, dealers  and  distributors,  individually  or  collectively,  are
required  to  accept  the return of empty beverage containers, INCLUDING
BEVERAGE CONTAINERS PROCESSED THROUGH REVERSE VENDING MACHINES and  make
payment therefor; [(2)] (B) the sorting of the containers which a depos-
it  initiator  or  distributor  may  require  of  dealers and redemption
centers; [(3)] (C) the collection of  returned  beverage  containers  by
deposit  initiators  or  distributors,  including the party to whom such
expense is to be charged, the frequency of such pick ups and the payment
for refunds and handling fees thereon; [(4)] (D) the right of dealers to
restrict or limit the number  of  containers  redeemed,  the  rules  for
redemption  at  the  dealers'  place  of business, and the redemption of
containers from a beverage for  which  sales  have  been  discontinued[,
and];  (E)  to issue [permits] REGISTRATIONS to persons, firms or corpo-
rations  which  establish  redemption  centers,  subject  to  applicable
provisions  of  local and state laws, at which redeemers and dealers may
return empty beverage containers and receive payment of the refund value
of such beverage containers. SUCH REGISTRATIONS SHALL BE  ISSUED  AT  NO
COST.   SHOULD THE DEPARTMENT REQUIRE BY REGULATIONS ADOPTED PURSUANT TO
THIS PARAGRAPH THAT REDEMPTION CENTERS MUST OBTAIN A REGISTRATION  AS  A
CONDITION  OF  OPERATION,  ANY REDEMPTION CENTER IN BUSINESS AS OF MARCH
FIRST, TWO THOUSAND THIRTEEN THAT  PREVIOUSLY  PROVIDED  THE  DEPARTMENT
WITH  THE  NOTIFICATION INFORMATION REQUIRED BY REGULATIONS IN EFFECT AS
OF SUCH DATE MAY CONTINUE TO OPERATE AS IF  THE  DEPARTMENT  HAD  ISSUED
SUCH  REDEMPTION  CENTER  A REGISTRATION REQUIRED BY REGULATIONS ADOPTED
UNDER THIS PARAGRAPH; PROVIDED, HOWEVER,  THAT  SUCH  REDEMPTION  CENTER
SHALL  PROVIDE  THE  DEPARTMENT  WITH  ANY OTHER INFORMATION REQUIRED BY
REGULATIONS ADOPTED PURSUANT TO THIS PARAGRAPH.    THE  DEPARTMENT  MAY,
AFTER  DUE NOTICE AND OPPORTUNITY OF HEARING, PURSUANT TO THE PROVISIONS
OF SECTION 71-1709 OF THIS CHAPTER, DENY  AN  APPLICATION  OR  REVOKE  A
REGISTRATION.    IN  DETERMINING WHETHER OR NOT TO REVOKE A REGISTRATION
THE COMMISSIONER SHALL AT A MINIMUM, TAKE INTO CONSIDERATION THE COMPLI-
ANCE HISTORY OF A VIOLATOR, GOOD FAITH EFFORTS OF A VIOLATOR TO  COMPLY,
ANY  ECONOMIC  BENEFIT  FROM NONCOMPLIANCE AND WHETHER THE VIOLATION WAS
PROCEDURAL IN NATURE.  THE  COMMISSIONER'S  DETERMINATION  TO  REVOKE  A
REGISTRATION  IS  SUBJECT  TO  REVIEW UNDER ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES; AND (F) THE OPERATION OF MOBILE REDEMPTION
CENTERS IN ORDER TO ENSURE THAT TO THE BEST EXTENT PRACTICABLE  CONTAIN-
ERS ARE NOT PROFFERED FOR REDEMPTION TO A DEPOSIT INITIATOR OR DISTRIBU-
TOR  OUTSIDE  OF  THE GEOGRAPHIC AREA WHERE SUCH DEPOSIT INITIATOR SELLS
CONTAINERS AND INITIATES DEPOSITS.
  2. THE DEPARTMENT MAY REQUIRE A REDEMPTION CENTER TO OBTAIN A  PERMIT,
AS  AN ALTERNATIVE TO REGISTRATION IF SUCH CENTER IS LOCATED AT THE SAME
FACILITY OR SITE AS ANOTHER SOLID WASTE  MANAGEMENT  FACILITY  OTHERWISE
SUBJECT  TO THE REQUIREMENTS OF TITLE SEVEN OF THIS ARTICLE OR THE REGU-
LATIONS PROMULGATED PURSUANT THERETO.
  3. No dealer or distributor, as defined in  section  27-1003  of  this
title,  shall  be  required  to  obtain a permit to operate a redemption
center at the same location as the dealer's or  distributor's  place  of
business.  Operators of such redemption centers shall receive payment of
the refund value of each beverage container from the appropriate deposit
initiator or distributor as  provided  under  section  27-1007  of  this
title.
  4.  EACH DEALER AND REDEMPTION CENTER SHALL REQUIRE ANY PERSON TENDER-
ING FOR REDEMPTION MORE THAN TWO THOUSAND FIVE HUNDRED CONTAINERS AT ONE
TIME TO SUCH DEALER OR REDEMPTION CENTER TO PROVIDE SUCH  PERSON'S  NAME
AND  ADDRESS  AND THE LICENSE PLATE OF THE VEHICLE USED TO TRANSPORT THE

S. 2608--D                         13                         A. 3008--D

CONTAINERS, OR, IN THE CASE OF AN AGENT OR EMPLOYEE OF A  NOT-FOR-PROFIT
CORPORATION, A SALES TAX EXEMPTION CERTIFICATE. THE DEALER OR REDEMPTION
CENTER  REDEEMING  THE BEVERAGE CONTAINERS SHALL KEEP THE INFORMATION ON
FILE  FOR  A MINIMUM OF TWELVE MONTHS AND PROVIDE SAME TO THE DEPARTMENT
UPON REQUEST.
  S 8. Section 27-1015 of the environmental conservation law, as amended
by section 11 of part SS of chapter 59 of the laws of 2009,  is  amended
to read as follows:
S 27-1015. Violations.
  1.  [A  violation  of this title, except as otherwise provided in this
section and section 27-1012 of this title, shall be a  public  nuisance.
In  addition,  except]  EXCEPT as otherwise provided in this section and
section 27-1012  of  this  title,  any  person  who  shall  violate  any
provision  of  this title shall be liable to the state of New York for a
civil penalty of not more than five hundred dollars, and  an  additional
civil  penalty of not more than five hundred dollars for each day during
which each such violation continues. Any civil penalty may  be  assessed
following a hearing or opportunity to be heard.
  2. Any distributor [or], deposit initiator, REDEMPTION CENTER OR DEAL-
ER  who  violates  any  provision  of  this title, except as provided in
section 27-1012 of this title, shall be liable to the state of New  York
for  a civil penalty of not more than one thousand dollars, and an addi-
tional civil penalty of not more than one thousand dollars for each  day
during  which  each  such  violation continues. Any civil penalty may be
assessed following a hearing or opportunity to be heard.
  3. It shall be unlawful for a distributor or deposit initiator, acting
alone or aided by another, to return any empty beverage container  to  a
dealer  or  redemption center for its refund value if the distributor or
deposit initiator had previously accepted such beverage  container  from
any  dealer  or operator of a redemption center OR IF SUCH CONTAINER WAS
PREVIOUSLY ACCEPTED BY A REVERSE VENDING MACHINE. A  violation  of  this
subdivision shall be a misdemeanor punishable by a fine of not less than
five  hundred  dollars  nor more than one thousand dollars and an amount
equal to two times the amount of money received  as  a  result  of  such
violation.
  4.  Any person who willfully tenders to a dealer, distributor, redemp-
tion center or deposit initiator more than  forty-eight  empty  beverage
containers for which such person knows or should reasonably know that no
deposit  was  paid in New York state may be assessed by the department a
civil penalty of up to one hundred dollars for each container or  up  to
twenty-five thousand dollars for each such tender of containers. At each
location  where  a person tenders containers for redemption, dealers and
redemption centers must conspicuously display a sign in letters that are
at least one inch in height with the  following  information:  "WARNING:
Persons tendering for redemption containers on which a deposit was never
paid  in  this  state  may  be  subject  to a civil penalty of up to one
hundred dollars per container or up to twenty-five thousand dollars  for
each  such  tender  of  containers."  Any  civil penalty may be assessed
following a hearing or opportunity to be heard.
  5. The department, the department  of  agriculture  and  markets,  the
department  of  taxation and finance and the attorney general are hereby
authorized to enforce the  provisions  of  this  title  AND  ALL  MONIES
COLLECTED  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  ENVIRONMENTAL
PROTECTION FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-S  OF  THE
STATE  FINANCE  LAW.  In  addition, the provisions of section 27-1005 of
this title and subdivisions one, two, three, four, five, ten and  eleven

S. 2608--D                         14                         A. 3008--D

of section 27-1007 of this title may be enforced by a county, city, town
or  village and the local legislative body thereof may adopt local laws,
ordinances or regulations consistent with this title providing  for  the
enforcement of such provisions.
  6. (A) ANY PERSON WHO WILLFULLY VIOLATES OR DIRECTS ANOTHER TO VIOLATE
THE  REQUIREMENTS  TO  COLLECT  OR  CHARGE  THE  REFUND VALUE IMPOSED BY
SECTION 27-1005 OR PARAGRAPH A OF SUBDIVISION NINE OF SECTION 27-1012 OF
THIS TITLE ON FIVE THOUSAND OR MORE BEVERAGE CONTAINERS IN ONE  OR  MORE
SEPARATE  TRANSACTIONS  WITHIN  ONE  YEAR  SHALL  BE GUILTY OF A CLASS B
MISDEMEANOR.
  (B) ANY PERSON, HAVING PREVIOUSLY BEEN CONVICTED  OF  A  VIOLATION  OF
PARAGRAPH (A) OF THIS SECTION WITHIN THE PAST THREE YEARS, WHO WILLFULLY
VIOLATES  OR  DIRECTS  ANOTHER TO VIOLATE THE REQUIREMENTS TO COLLECT OR
CHARGE THE REFUND VALUE IMPOSED BY SECTION 27-1005  OR  PARAGRAPH  A  OF
SUBDIVISION  NINE  OF  SECTION 27-1012 OF THIS TITLE ON FIVE THOUSAND OR
MORE BEVERAGE CONTAINERS IN ONE OR MORE SEPARATE TRANSACTIONS WITHIN ONE
YEAR SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  (C) ANY PERSON WHO WILLFULLY VIOLATES OR DIRECTS  ANOTHER  TO  VIOLATE
THE  REQUIREMENTS  TO  COLLECT  OR  CHARGE  THE  REFUND VALUE IMPOSED BY
SECTION 27-1005 OR PARAGRAPH A OF SUBDIVISION NINE OF SECTION 27-1012 OF
THIS TITLE ON TWENTY THOUSAND OR MORE BEVERAGE CONTAINERS IN ONE OR MORE
SEPARATE TRANSACTIONS WITHIN ONE YEAR SHALL BE GUILTY OF A CLASS E FELO-
NY.
  NOTHING IN THIS SUBDIVISION SHALL APPLY TO COMMON OR CONTRACT CARRIERS
OR WAREHOUSEMEN WHILE ENGAGED IN LAWFULLY TRANSPORTING OR  STORING  SUCH
CONTAINERS  AS MERCHANDISE, NOR TO ANY EMPLOYEE OF SUCH CARRIER OR WARE-
HOUSEMAN ACTING WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT.
  7. A VIOLATION OF THIS TITLE, EXCEPT AS  OTHERWISE  PROVIDED  IN  THIS
SECTION AND SECTION 27-1012 OF THIS TITLE, SHALL BE A PUBLIC NUISANCE.
  S  9. Section 27-1015 of the environmental conservation law is amended
by adding a new subdivision 5-a to read as follows:
  5-A. THE CITY OF NEW YORK, NASSAU COUNTY AND SUFFOLK COUNTY ARE  ENTI-
TLED  TO  RETAIN TWENTY-FIVE PERCENT OF ALL MONIES COLLECTED AS FINES OR
PENALTIES PURSUANT TO ENFORCEMENT OF SECTION 27-1005 OF THIS CHAPTER.
  S 10.  Section  27-1017  of  the  environmental  conservation  law  is
REPEALED.
  S  11.  Subdivision  3  of  section  92-s of the state finance law, as
amended by section 2 of part T of chapter 59 of the  laws  of  2009,  is
amended to read as follows:
  3.  Such  fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and  penalties  deposited
pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
amount of fees and penalties received from easements or leases  pursuant
to  subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service  charges  pursuant  to  section
four  hundred four-l of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve  fund  pursuant  to
section  two  hundred  ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
pursuant  to  section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
section  54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
hundred  ninety-six,  provided  however,  that such moneys shall only be
used for the cost of the purchase of private lands in the core  area  of

S. 2608--D                         15                         A. 3008--D

the  central  Suffolk  pine barrens pursuant to a consent order with the
Northville industries signed on  October  thirteenth,  nineteen  hundred
ninety-four  and  the related resource restoration and replacement plan,
the  amount  of  penalties  required  to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental  conser-
vation  law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law, [as added by a chapter of
the laws of two thousand nine,] all moneys collected pursuant  to  title
thirty-three  of  article fifteen of the environmental conservation law,
[as added by a chapter of the laws of two thousand nine] BEGINNING  WITH
THE  FISCAL  YEAR  COMMENCING ON APRIL FIRST, TWO THOUSAND THIRTEEN, AND
ALL FISCAL YEARS THEREAFTER, FIFTEEN  MILLION  DOLLARS  PLUS  ALL  FUNDS
RECEIVED  BY THE STATE EACH FISCAL YEAR IN EXCESS OF THE AMOUNT RECEIVED
FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH  MARCH  THIRTY-FIRST,  TWO
THOUSAND  THIRTEEN,  FROM THE PAYMENTS COLLECTED PURSUANT TO SUBDIVISION
FOUR OF SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION  LAW  AND  ALL
FUNDS COLLECTED PURSUANT TO SECTION 27-1015 OF THE ENVIRONMENTAL CONSER-
VATION  LAW,  PROVIDED  SUCH  FUNDS  SHALL NOT BE LESS THAN FOUR MILLION
DOLLARS FOR THE FISCAL YEAR COMMENCING APRIL FIRST, TWO  THOUSAND  THIR-
TEEN, AND NOT LESS THAN EIGHT MILLION DOLLARS FOR ALL FISCAL YEARS THER-
EAFTER  and  all  other  moneys credited or transferred thereto from any
other fund or source pursuant to law. All such revenue shall be initial-
ly deposited into the environmental protection fund, for application  as
provided in subdivision five of this section.
  S  12.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013; provided,
however, that the amendments to subdivision 5-a of  section  27-1015  of
the  environmental  conservation  law,  as added by section nine of this
act, shall expire and be deemed repealed on April 1, 2015.

                                 PART G

  Section 1. Subdivisions 1 and 2 of section  27-1905  of  the  environ-
mental  conservation  law, as amended by section 1 of part DD of chapter
59 of the laws of 2010, are amended to read as follows:
  1. Until  December  thirty-first,  two  thousand  [thirteen]  SIXTEEN,
accept  from  a customer, waste tires of approximately the same size and
in a quantity equal to the number of new tires purchased or installed by
the customer; and
  2. Until December thirty-first, two thousand [thirteen] SIXTEEN,  post
written notice in a prominent location, which must be at least eight and
one-half  inches  by  fourteen  inches in size and contain the following
language:
  "New York State law requires us to accept and manage waste tires  from
vehicles  in  exchange  for an equal number of new tires that we sell or
install. Tire retailers are required to charge a separate  and  distinct
waste tire management and recycling fee of $2.50 for each new tire sold.
  The retailers in addition are authorized, at their sole discretion, to
pass  on  waste  tire management and recycling costs to tire purchasers.
Such costs may be included as part of the advertised price  of  the  new
tire,  or  charged  as  a  separate  per-tire charge in an amount not to
exceed $2.50 on each new tire sold."
  The written notice shall also contain one of the following  statements
at  the  end  of  the aforementioned language and as part of the notice,
which shall accurately indicate the manner in  which  the  tire  service

S. 2608--D                         16                         A. 3008--D

charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:
  "Our  waste  tire  management  and recycling costs are included in the
advertised price of each new tire.", or
  "We charge a separate per-tire charge of $____ on each new  tire  sold
that  will  be listed on your invoice to cover our waste tire management
and recycling costs."
  S 2. Subdivisions 1, 2 and 3 and paragraph (a)  of  subdivision  6  of
section  27-1913  of  the  environmental conservation law, as amended by
section 2 of part E1 of chapter 63 of the laws of 2003 and  subdivisions
1, 2, the opening paragraph of subdivision 3 and paragraph (a) of subdi-
vision 6 as amended by section 4 of part DD of chapter 59 of the laws of
2010, are amended to read as follows:
  1.  Until  December  thirty-first,  two thousand [thirteen] SIXTEEN, a
waste tire management and recycling fee of two dollars and  fifty  cents
shall  be  charged  on  each new tire sold. The fee shall be paid by the
purchaser to the tire service at the time the  new  tire  or  new  motor
vehicle is purchased.
  The waste tire management and recycling fee does not apply to:
  (a) recapped or resold tires;
  (b) mail-order sales; or
  (c)  the  sale  of  new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this  state  is
subject to such fee.
  2.  Until  December thirty-first, two thousand [thirteen] SIXTEEN, the
tire service shall collect the waste tire management and  recycling  fee
from  the  purchaser at the time of the sale and shall remit such fee to
the department of taxation and finance with the quarterly  report  filed
pursuant to subdivision three of this section.
  (a)  The  fee  imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
  (b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
  3. Until March thirty-first, two thousand [fourteen]  SEVENTEEN,  each
tire  service maintaining a place of business in this state shall make a
return to the department of taxation and finance on a  quarterly  basis,
with  the  return  for  December,  January, and February being due on or
before the immediately following  March  thirty-first;  the  return  for
March,  April,  and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being  due  on  or
before the immediately following September thirtieth; and the return for
September,  October, and November being due on or before the immediately
following December thirty-first.
  (a) Each return shall include:
  (i) the name of the tire service;
  (ii) the address of the tire service's principal place of business and
the address of the principal place of business (if that is  a  different
address)  from  which the tire service engages in the business of making
retail sales of tires;
  (iii) the name and signature of the person preparing the return;
  (iv) the total number of new tires sold at retail  for  the  preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
  (v) the amount of waste tire management and recycling fees due; and
  (vi)  such  other reasonable information as the department of taxation
and finance may require.

S. 2608--D                         17                         A. 3008--D

  (b) Copies of each report shall be retained by the  tire  service  for
three years.
  If  a  tire  service ceases business, it shall file a final return and
remit all fees due under this title with the department of taxation  and
finance not more than one month after discontinuing that business.
  (a)  Until December thirty-first, two thousand [thirteen] SIXTEEN, any
additional waste tire management and recycling costs of the tire service
in excess of the amount authorized to be retained pursuant to  paragraph
(b)  of subdivision two of this section may be included in the published
selling price of the new tire, or charged as a separate per-tire  charge
on  each  new  tire sold. When such costs are charged as a separate per-
tire charge: (i) such charge shall be stated as an invoice item separate
and distinct from the selling price of the tire; (ii) the invoice  shall
state  that  the  charge  is  imposed at the sole discretion of the tire
service; and (iii) the amount of such charge shall  reflect  the  actual
cost to the tire service for the management and recycling of waste tires
accepted  by the tire service pursuant to section 27-1905 of this title,
provided however, that in no event shall such charge exceed two  dollars
and fifty cents on each new tire sold.
  S 3. This act shall take effect immediately.

                                 PART H

  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 New York state  urban  development  corporation  to  make  loans,  as
amended  by  section  1  of part R of chapter 58 of the laws of 2012, 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, [2013] 2014, 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, 2013.

                                 PART I

  Section 1. Section 2 of part BB of chapter 58 of  the  laws  of  2012,
amending the public authorities law relating to authorizing the dormito-
ry  authority  to  enter into certain design and construction management
agreements, is amended to read as follows:
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed April 1, [2013] 2014.
  S  2.  Within 90 days of the effective date of this act, the dormitory
authority of the state of New York  shall  provide  a  report  providing
information  regarding  any  project undertaken pursuant to a design and
construction management agreement, as authorized by part BB  of  chapter
58  of the laws of 2012, between the dormitory authority of the state of
New York and the department of  environmental  conservation  and/or  the
office  of  parks, recreation and historic preservation to the governor,
the temporary president of the senate and speaker of the assembly.  Such
report  shall  include  but not be limited to a description of each such

S. 2608--D                         18                         A. 3008--D

project, the project identification number  of  each  such  project,  if
applicable, the projected date of completion, the status of the project,
the total cost or projected cost of each such project, and the location,
including  the  names  of  any county, town, village or city, where each
such project is located or proposed. In addition, such a report shall be
provided to the aforementioned parties by the first day of March of each
year that the authority to enter into such agreements pursuant  to  part
BB of chapter 58 of the laws of 2012 is in effect.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in effect on and after April 1, 2013.

                                 PART J
                          Intentionally omitted

                                 PART K

  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, 2013.

                                 PART L

  Section  1.  Expenditures  of  moneys appropriated in a chapter of the
laws of 2013 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
2011. 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. 2608--D                         19                         A. 3008--D

  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART M

  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, 2013.

                                 PART N
                          Intentionally omitted

                                 PART O
                          Intentionally omitted

                                 PART P

  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 L of chapter 60 of the laws of 2011, is
amended to read as follows:
  S 2. This act shall take effect immediately,  provided  however,  that
section  one  of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and  shall  expire  March  31,  [2013]
2014.
  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, 2013.

                                 PART Q
                          Intentionally omitted

                                 PART R

  Section 1. Subdivision 1  of  section  11-0701  of  the  environmental
conservation  law  is REPEALED and subdivision 12 is renumbered subdivi-
sion 1.
  S 1-a.  Section 11-0701 of the environmental conservation law,  subdi-
visions  1,  3  and  11  as  amended by chapter 344 of the laws of 2008,
subdivision 1 as renumbered by section one of this act, paragraph  a  of
subdivision  2  as amended and subdivision 7-a as added by chapter 57 of
the laws of 1993, subparagraph 1 of paragraph  a  of  subdivision  2  as
added  by  section 5, paragraph b of subdivision 2 as amended by section
6, subdivision 5 as amended by section 10, subdivision 6 as  amended  by
section  11, subdivision 8 as amended by section 12, subdivisions 13, 14
and 15 as amended by section 16 and subdivision 17 as added  by  section
17  of part F of chapter 82 of the laws of 2002, paragraph c of subdivi-
sion 2 as amended by chapter 25 of the laws of 2011, subdivisions 4  and

S. 2608--D                         20                         A. 3008--D

16  as  amended by section 1 of part LL and paragraph c of subdivision 5
as added by section 1 of part KK of chapter 59  of  the  laws  of  2009,
subdivision  9-a as added by chapter 237 of the laws of 1993, and subdi-
vision 10 as amended by chapter 57 of the laws of 1993 and as renumbered
by chapter 470 of the laws of 1994, is amended to read as follows:
S 11-0701. Definitions of licenses and privileges of licensees.
  1. A [junior] hunting license:
  a.  entitles  a  holder who is twelve or thirteen years of age to hunt
wildlife, except big game, as  provided  in  title  9  of  this  article
subject,  specifically,  to  the  provisions  of section 11-0929 of this
article. It entitles such holder to  possess  firearms  as  provided  in
section 265.05 of the penal law.
  b.  entitles  a holder who is fourteen or fifteen years of age to hunt
wildlife, including wild deer and bear, as provided in title 9  of  this
article,  subject, specifically, to the provisions of section 11-0929 of
this article. It entitles such holder to possess firearms as provided in
section 265.05 of the penal law.
  2. a. [(1)] A [small and big game] HUNTING license entitles the [resi-
dent] holder to hunt wildlife subject to the following:
  [(i)] (1) a holder who is eighteen years of  age  or  older  may  hunt
wildlife as provided in title 9 of this article,
  [(ii)]  (2)  a  holder  who  is sixteen years of age or older may hunt
wildlife, except big game, as provided in title 9 of this article, and
  [(iii)] (3) a holder who is between the ages of sixteen  and  eighteen
may  hunt big game pursuant to the provisions of title 9 of this article
while the holder is accompanied by a parent, guardian or person over the
age of eighteen as required by section 11-0929 of this article.
  A holder may take fish with a [gun or] longbow as provided in titles 9
and 13 of this article.
  [(2) A non-resident big game license entitles a  person  who  has  not
been a resident of the state for more than thirty days to hunt wild deer
as  provided in title 9. It entitles such person to hunt bear during the
regular open bear season or in an open season fixed by regulation pursu-
ant to subdivision eight of section 11-0903  of  this  article  if  such
person  is  also  the  holder  of a non-resident bear tag. It entitles a
person who is between the ages of sixteen and eighteen years to exercise
the privileges of a big  game  license  subject  to  the  provisions  of
section 11-0929.]
  b.  A  special antlerless deer license is applicable to the hunting of
wild antlerless deer in a special open season fixed pursuant to subdivi-
sion 6 of section 11-0903 of this article in a tract within a Wilderness
Hunting Area and entitles the holder of a HUNTING license [which author-
izes the holder to hunt big  game]  to  hunt  antlerless  deer  in  such
special open season, as provided in title 9 of this article if he OR SHE
has  on  his  OR  HER  person  while  so hunting both his OR HER HUNTING
license [which authorizes the holder to hunt big game] and  his  OR  HER
special antlerless deer license.
  [c.]  3. A [junior archery license] BOWHUNTING PRIVILEGE WHEN INCLUDED
ON A HUNTING LICENSE entitles a [resident] holder:
  (1) who is between the ages of twelve and sixteen years to  hunt  wild
deer  and  bear  with  a  longbow  during the special archery season and
during the regular season, as provided in title 9 of this  article,  [as
if  such  person  held a license which authorizes the holder to hunt big
game with a bowhunting stamp affixed,]  subject  to  the  provisions  of
section  11-0929  and subdivision 3 of section 11-0713 of this article[.
It entitles a non-resident holder who is between the ages of twelve  and

S. 2608--D                         21                         A. 3008--D

sixteen  years  to  hunt  wild  deer  and bear with a longbow during the
special archery season and during the regular  season,  as  provided  in
title  9 of this article, as if such person held a non-resident bowhunt-
ing  license, a non-resident license which authorizes the holder to hunt
deer and a non-resident bear tag, subject to the provisions  of  section
11-0929 and subdivision 3 of section 11-0713 of this article.
  3. A bowhunting stamp when affixed to a resident license which author-
izes the holder to hunt big game entitles a holder];
  (2)  who  is eighteen years of age or older to hunt wild deer and bear
with a longbow, as provided in title 9 of this  article,  in  a  special
longbow season[, and it entitles a holder]; AND
  (3)  who  is  sixteen  or  seventeen years of age to exercise the same
privileges subject to the provisions of section 11-0929 and  subdivision
3 of section 11-0713 of this article.
  4.  A  fishing  license  entitles  the holder to take fish by angling,
spearing, hooking, longbow and tipups, to take frogs by spearing, catch-
ing with the hands or by use of a club or hook, and to  take  bait  fish
for personal use, as provided in titles 9 and 13 of this article, except
that such license shall not entitle the holder to take migratory fish of
the sea or to take fish from the waters of the marine district.
  [5.  a.  A  combined  resident  fishing and small and big game license
hereinafter in this article referred to as a sportsman license, entitles
the holder to the privileges the holder would have if  the  holder  held
separately a fishing license and a small and big game license.
  b.  A  combined  resident  fishing, small and big game, bowhunting and
muzzle-loading license, hereinafter in this article  referred  to  as  a
resident  super-sportsman license, entitles the holder to the privileges
the holder would have if the holder held separately a fishing license, a
small and big game license, a bowhunting stamp, a muzzle-loading  stamp,
and a turkey permit.
  c.  A  combined  resident  fishing, small and big game, muzzle-loading
stamp and trapping license, hereinafter in this article referred to as a
resident trapper super-sportsman license, entitles  the  holder  to  the
privileges the holder would have if the holder held separately a fishing
license,  a  small and big game license, a muzzle-loading stamp, a trap-
ping license, and a turkey permit.
  6. A free sportsman license entitles the holder to the privileges  the
holder  would  have  if  the holder held separately a small and big game
license and a fishing license.
  7-a.] 5. A non-resident bear tag entitles a person who has not been  a
resident  of  the  state  for more than thirty days who also possesses a
[non-resident big game] HUNTING license to hunt bear during the  regular
open  season  therefor or in an open season fixed by regulation pursuant
to subdivision eight of section 11-0903 of this article. It  entitles  a
NON-RESIDENT  holder who also possesses a [non-resident] HUNTING LICENSE
WITH bowhunting [license] PRIVILEGE to hunt bear with a  longbow  during
the  open  bear  season.  It  entitles  a  NON-RESIDENT  holder who also
possesses a [non-resident] HUNTING LICENSE WITH muzzle-loading [license]
PRIVILEGE to hunt bear with a muzzleloader during the open bear season.
  [8.] 6. A seven-day fishing license entitles the  holder  to  exercise
the privileges of a fishing license for the seven consecutive days spec-
ified in the license.
  [9-a.]  7. A one-day fishing license entitles the [resident or non-re-
sident] holder to exercise the privileges of a fishing  license  on  the
day specified on the license.

S. 2608--D                         22                         A. 3008--D

  [10.] 8. A trapping license entitles the holder to trap beaver, otter,
fisher,  mink,  muskrat,  skunk,  raccoon, bobcat, coyote, fox, opossum,
weasel, pine marten and unprotected wildlife except birds,  as  provided
in  title  11,  subject  to the provisions of [subdivision 6 of] section
11-0713 of this article.
  [11.] 9. A muzzle-loading [stamp] PRIVILEGE when [affixed to] INCLUDED
ON a [resident] HUNTING license [which authorizes the holder to hunt big
game]  entitles  a  holder who is fourteen years of age or older to hunt
wild deer and bear with a muzzle-loading firearm, as provided in title 9
of this article, in a special muzzle-loading firearm season.
  [13. A non-resident bowhunting license entitles a person who  has  not
been a resident of the state for more than thirty days to hunt wild deer
with  a  longbow  in  a special longbow season as provided in title 9 of
this article and, when accompanied by a non-resident bear tag,  entitles
the holder to hunt bear with a longbow during the open bear season.
  14.  A  non-resident  muzzle-loading license entitles a person who has
not been a resident of the state for more than thirty days to hunt  wild
deer with a muzzle-loading firearm in a special muzzle-loading season as
provided in title 9 of this article and, when accompanied by a non-resi-
dent  bear  tag,  entitles  the  holder to hunt bear with a muzzleloader
during the open bear season.
  15. A non-resident combined hunting, fishing, big game, bowhunting and
muzzle-loading license, hereinafter in this article  referred  to  as  a
non-resident super-sportsman license, entitles a person who has not been
a resident of the state for more than thirty days to the privileges that
the holder would have if the holder held separately a non-resident hunt-
ing  license,  a  non-resident  fishing license, a non-resident big game
license, a non-resident bowhunting license, a non-resident  muzzle-load-
ing license and a non-resident turkey permit.
  16.  A conservation legacy license entitles the holder to fish, except
for migratory fish of the sea or from the waters of the marine district,
hunt wildlife, hunt big game with a longbow and a muzzle-loading firearm
during special seasons therefor, hunt turkey, enjoy the  benefits  of  a
voluntary habitat stamp and receive the "New York State Conservationist"
magazine  as  if  the  holder of such license held separately a resident
super-sportsman license, a voluntary habitat stamp and a subscription to
the "New York State Conservationist" magazine.
  17. A conservation patron license entitles the holder to the  benefits
of  a  voluntary  habitat  stamp  and  a subscription to "New York State
Conservationist" magazine as if the holder of such  license  held  sepa-
rately  a  voluntary  habitat  stamp and a subscription to the "New York
State Conservationist" magazine.]
  S 2. Subdivisions 2, 4, 5 and 6 of section  11-0703  of  the  environ-
mental  conservation law, subdivision 2 as amended by chapter 507 of the
laws of 2010, subdivision 4 as amended by section 21 and paragraph a  of
subdivision  5  as  amended by section 22 of part F of chapter 82 of the
laws of 2002, paragraph b of subdivision 4 as amended by chapter 178  of
the  laws of 2011, paragraphs d and e of subdivision 4 and subdivision 6
as amended by chapter 344 of the laws of 2008, subdivision 5 as  amended
by  chapter  450 of the laws of 1991 and paragraph d of subdivision 5 as
relettered by chapter 470 of the laws of 1994, are amended  to  read  as
follows:
  2.  Except  as  provided in section 11-0704 of this title, no license,
permit, tag or [stamp] PRIVILEGE is transferable. No person shall alter,
change, lend to another or attempt to transfer to another any license or
any [button,] permit, tag or  [stamp]  PRIVILEGE  issued  therewith.  No

S. 2608--D                         23                         A. 3008--D

person, while hunting, shall possess a license, [button,] permit, tag or
[stamp]  PRIVILEGE  which  was  issued to another person unless actually
accompanied by the person to whom such license, [button,] permit, tag or
[stamp]  PRIVILEGE  was issued. No person shall purchase, possess or use
more than one [junior archery, junior hunting, small and big  game,  big
game, bowhunting, muzzle-loading, sportsman, or resident super-sportsman
license  or  stamp,  non-resident  bowhunting or muzzle-loading license,
non-resident super-sportsman license,  non-resident  bear  tag]  HUNTING
LICENSE,  TRAPPING  LICENSE, BOWHUNTING PRIVILEGE, MUZZLE-LOADING PRIVI-
LEGE or special permit for the current license year, except as permitted
by  regulation  of  the  department.  Notwithstanding  the  prohibitions
contained  in  this subdivision, the department may authorize by rule or
regulation the transfer of deer management permits, issued  pursuant  to
section  11-0913  of  this  article, to any person licensed to hunt deer
pursuant to this title.
  4. a. Non-resident [fishing, non-resident  super-sportsman,  non-resi-
dent bowhunting or muzzle-loading, or non-resident trapping licenses, or
non-resident]  bear  tags are issuable only to non-residents and persons
who have been residents for less than thirty days immediately  preceding
the date of application.
  b.  [A  person  under  the age of fourteen years is ineligible for any
license, other than a junior archery license, which authorizes the hold-
er to hunt big game. A person under the age of sixteen years is ineligi-
ble for a small and big game,  sportsman  or  resident  super-sportsman,
non-resident   super-sportsman,   non-resident  big  game,  non-resident
bowhunting license, or bowhunting stamp.] A person is ineligible  for  a
[small  game, small and big game, junior hunting, big game, junior arch-
ery, sportsman and resident super-sportsman, non-resident  super-sports-
man,  or  non-resident]  HUNTING  LICENSE,  TRAPPING LICENSE, bowhunting
PRIVILEGE or muzzle-loading [license] PRIVILEGE unless such person meets
the requirements of subdivision 3 of section 11-0713 of this title.
  c.  Only the following persons are eligible  for  resident  [licenses]
FEES:  (1)  persons who have been residents in the state for [more than]
thirty days immediately [preceding] PRIOR TO the date of application for
the licenses, or who are enrolled [in a] AS full-time [course]  STUDENTS
at  a college or university within the state and who are in residence in
the state for the school year, or  who  are  out  of  state  or  foreign
exchange  high  school  students  enrolled  [in a] AS full-time [course]
STUDENTS in a high school within the state and who are in  residence  in
the  state  for  the school year; (2) Indian residents or members of the
six nations residing on any reservation  wholly  or  partly  within  the
state;  AND  (3)  members  of  the  United States armed forces in active
service, stationed in this state, regardless of the place  of  residence
at the time of entry into the service[; and (4) persons privileged under
subdivision 5 of section 11-0707 of this article to take wildlife, other
than deer and bear, as if they held hunting licenses].
  d.   Only persons who possess a [small and big game] HUNTING license[,
the big game license portion of the free sportsman, a sportsman  license
or resident super-sportsman license] are eligible for a bowhunting PRIV-
ILEGE or muzzle-loading [stamp, except that the holder of a junior hunt-
ing  license,  who is a resident and who is at least fourteen years old,
is eligible for a muzzle-loading stamp] PRIVILEGE.
  e. A person under the age of twelve years is ineligible for a [junior]
hunting license.
  5. a. One-day and seven-day fishing licenses expire on the date stated
on them.

S. 2608--D                         24                         A. 3008--D

  b. A fishing license issued without charge to a resident  as  formerly
provided in subdivision 2 of section 11-0715, shall remain effective for
the life of the licensee.
  c.  A  special antlerless deer license is effective during the special
open season for which it is issued.
  d. All other licenses  and  [stamps]  PRIVILEGES  defined  in  section
11-0701 are effective for a license year beginning [October] SEPTEMBER 1
and  ending  [September  30]  AUGUST  31;  PROVIDED,  HOWEVER, A FISHING
LICENSE SHALL REMAIN EFFECTIVE ONE YEAR FROM THE DATE ON  WHICH  IT  WAS
ISSUED.
  6.  a.  Except  as  provided in section 11-0707 and section 11-0709 of
this title, no person shall (1) hunt wildlife[, other than deer or bear,
or take fish with a gun,] unless such person holds and  is  entitled  to
exercise  the privileges of a [small game, junior hunting, small and big
game, free sportsman, sportsman or resident super-sportsman, or  non-re-
sident  super-sportsman]  HUNTING license; (2) hunt antlerless deer in a
special open season  therefor  pursuant  to  subdivision  6  of  section
11-0903  of  this  article  unless  such person holds and is entitled to
exercise the privileges of and has on his or her person while so hunting
a [small and big game, big game, junior archery, free sportsman, junior]
hunting [if the licensee is at  least  fourteen  years  old,  sportsman,
resident  super-sportsman, non-resident super-sportsman or non-resident]
LICENSE, bowhunting PRIVILEGE or muzzle-loading [license] PRIVILEGE, and
a special antlerless deer license; (3) take fish or frogs in the  manner
described  in subdivision 4 of section 11-0701 of this title unless such
person is entitled to exercise the privileges of a fishing license;  (4)
trap wildlife unless such person holds a trapping license.
  b.  Except  as provided in section 11-0707 and section 11-0709 of this
title, no [resident] PERSON shall (1) hunt wild deer or bear unless such
person holds and is entitled to exercise the privileges of a [small  and
big  game,  junior  archery,  junior hunting if the licensee is at least
fourteen years old, free sportsman, sportsman, or resident super-sports-
man] HUNTING license, and meets the requirements of  this  article;  (2)
hunt wild deer or bear with a longbow in a special longbow season unless
such person holds and is entitled to exercise the privileges of a [small
and  big  game,  junior  archery, free sportsman, sportsman, or resident
super-sportsman] HUNTING license with a bowhunting [stamp affixed] PRIV-
ILEGE and meets the requirements of this article; or (3) hunt wild  deer
or  bear  with  a  muzzle-loading  firearm  in  a special muzzle-loading
firearm season unless such person IS AT LEAST  FOURTEEN  YEARS  OLD  AND
holds  a  [small and big game, free sportsman, sportsman, junior hunting
if the licensee is at least  fourteen  years  old,  or  resident  super-
sportsman]  HUNTING license with a muzzle-loading [stamp affixed] PRIVI-
LEGE and meets the requirements of this article.
  c. [Except as provided in section 11-0707 and section 11-0709 of  this
title,  no] NO non-resident shall [(1) hunt wild deer unless such person
holds and is entitled to exercise the privileges of a big  game,  junior
archery,  junior hunting if the licensee is at least fourteen years old,
non-resident super-sportsman, or non-resident bowhunting or muzzle-load-
ing license; (2) hunt wild deer with a  longbow  in  a  special  longbow
season  unless  such person holds and is entitled to exercise the privi-
leges of a non-resident  super-sportsman,  non-resident  bowhunting,  or
junior archery license; (3) hunt wild deer with a muzzle-loading firearm
in  a  special  muzzle-loading firearm season unless such person holds a
non-resident super-sportsman  or  non-resident  muzzle-loading  license;
(4)]  hunt wild bear unless such person holds a [junior] hunting license

S. 2608--D                         25                         A. 3008--D

[if the licensee is at  least  fourteen  years  old,  a  junior  archery
license, or] AND a non-resident bear tag [in combination with one of the
non-resident  deer  licenses  listed  in  subparagraph 1, 2 or 3 of this
paragraph] AND MEETS THE REQUIREMENTS OF THIS ARTICLE.
  S  3.  The opening paragraph of paragraph a of subdivision 1, subdivi-
sion 2, subdivision 3 and paragraphs a and b of subdivision 4 of section
11-0713 of the environmental conservation law, the opening paragraph  of
paragraph a of subdivision 1 as amended by section 3 of part AA of chap-
ter  60  of  the laws of 2011, subdivision 2 as amended by chapter 25 of
the laws of 2011, subdivision 3 as amended by chapter 450 of the laws of
1991, paragraphs a, b and d of subdivision 3 as amended by section 27 of
part F of chapter 82 of the laws of 2002, paragraph c of  subdivision  3
as  amended  by  chapter  344  of  the laws of 2008, such subdivision as
renumbered by section 5 of part D of chapter 61 of the laws of 2000  and
paragraphs  a  and b of subdivision 4 as amended by section 28 of part F
of chapter 82 of the laws of 2002, are amended to read as follows:
  All licenses, [stamps] BOWHUNTING  PRIVILEGES,  MUZZLE-LOADING  PRIVI-
LEGES,  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:
  2.  The issuing officer shall not issue a [junior archery license to a
person between the ages of twelve  and  sixteen  or  a  junior]  hunting
license  OR BOWHUNTING PRIVILEGE OR MUZZLE-LOADING PRIVILEGE to a person
between the ages of twelve and sixteen years  unless,  at  the  time  of
issuance,  THE  applicant  is  accompanied by his or her parent or legal
guardian who shall consent to the issuance of the license and  shall  so
signify  by  signing his or her name in ink across the face of it. At no
time shall such licenses be issued by mail to persons between  the  ages
of twelve and sixteen years.
  3. a. Subject to the provisions of [paragraphs] PARAGRAPH b [and c] of
this subdivision, the issuing officer shall not issue a license, [stamp]
PRIVILEGE, tag, [button,] permit, or permit application which authorizes
the  holder  to  hunt  wildlife,  to  any  person  unless  the applicant
presents:
  (1) a license which authorizes the holder to hunt wildlife  issued  to
him previously; or
  (2) an affidavit from a license issuing officer stating that applicant
previously has been issued a license which authorizes the holder to hunt
wildlife; or
  (3) a certificate of qualification in responsible hunting, responsible
bowhunting  and responsible trapping practices, including safety, ethics
and landowner-hunter relations, issued or  honored  by  the  department,
pursuant to this subdivision.
  b.  (1)  The issuing officer shall not issue a [license or stamp which
authorizes the holder to exercise the] BOW HUNTING privilege [of hunting
big game with a longbow] to any person unless the applicant  presents  a
HUNTING LICENSE ISSUED TO THAT PERSON FOR THE CORRESPONDING LICENSE YEAR
AND  A  New York state license [or stamp] which authorizes the holder to
exercise the privilege of hunting [big game] with a  longbow  issued  in
1980 or later, an affidavit as provided in subparagraph 2 of paragraph a
of  this  subdivision  or  a certificate of qualification in responsible
bowhunting practices issued or honored by the department.
  (2) The issuing officer shall not issue  a  trapping  license  to  any
person unless the applicant presents a trapping license issued to him OR
HER  previously, an affidavit as provided in subparagraph 2 of paragraph

S. 2608--D                         26                         A. 3008--D

a of this subdivision or a certificate of qualification  in  responsible
trapping practices.
  [c.]  (3)  The issuing officer shall not issue a [bowhunting stamp or]
muzzle-loading [stamp] PRIVILEGE to any  [resident]  PERSON  unless  the
applicant  presents  a [junior] hunting license [if the licensee] ISSUED
TO THAT PERSON FOR THE CORRESPONDING LICENSE YEAR AND SUCH PERSON is  at
least  fourteen  years old[, or a small and big game, free sportsman, or
sportsman or resident super-sportsman license issued to that person  for
the corresponding license year].
  [d.]  C.  Certifications  of  qualification  in  responsible  hunting,
responsible bowhunting and responsible trapping practices may be made by
duly  qualified  and  designated  persons,   whose   fitness   to   give
instructions  in  said  practices has been determined by an agent of the
department. The department may designate any person it  deems  qualified
to  act  as  its  agent  in  the giving of instruction and the making of
certification. No charge shall be made for any certificate  or  instruc-
tion  given  to  a  person  to qualify him or her to obtain a license or
[stamp] PRIVILEGE other  than  for  certain  instruction  and  materials
accredited  by  the department to provide preparation for final instruc-
tion and testing by agents of the department or for  replacement  educa-
tion  certificates  for a commission of one dollar to the issuing agent.
The department shall make available to the public courses without charge
which do not require additional preparation at the expense of  students,
and  may  also offer optional courses which require preparatory instruc-
tion which may be at the expense of the student. The department may make
rules and regulations which in its opinion effectuate better the purpose
of this subdivision.
  a. A person who has  lost  or  accidentally  destroyed  a  license  or
[stamp]  PRIVILEGE  authorizing  the  holder  to hunt, fish, or trap may
apply to the officer who issued it for a certificate  in  lieu  thereof.
Such  officer  shall issue a certificate stating the name and address of
the applicant, the type of license issued and the fee, if any, paid  for
it.  Applications  and certificates furnished by the department shall be
used for this purpose.
  b. A person who has lost or accidentally destroyed a [button  or]  tag
issued with such a license or [stamp] PRIVILEGE may apply to any license
issuing  officer for a duplicate and the department shall issue a dupli-
cate [button or] tag when satisfied that the application is made in good
faith.  [A duplicate free sportsman tag shall be issued free of charge.]
  S 4. Subdivisions 1 and 2, and the opening paragraph of subdivision  3
of  section 11-0715 of the environmental conservation law, subdivision 2
as amended by section 3 and the opening paragraph of  subdivision  3  as
amended  by  section 4 of part KK of chapter 59 of the laws of 2009, are
amended to read as follows:
  1. When any license or [stamp] PRIVILEGE listed  in  this  section  is
issued  by  the  department or an officer or employee of the department,
the license fee is the amount specified in this section plus the amount,
if any, specified as a fee to the issuing clerk.
  2. A member of the Shinnecock tribe  or  the  Poospatuck  tribe  or  a
member  of the six nations, residing on any reservation wholly or partly
within the state, is entitled  to  receive  free  of  charge  a  fishing
license,  a [small and big game license, a sportsman] HUNTING license, a
muzzle-loading [stamp] PRIVILEGE, a trapping license, and a [bow hunting
stamp] BOWHUNTING PRIVILEGE; a resident of the state who is a member  of
the  United  States  armed forces in active service who is not stationed
within the state and has not been herein  longer  than  thirty  days  on

S. 2608--D                         27                         A. 3008--D

leave  or  furlough,  is  entitled  to  receive free of charge a fishing
license, a [small and big game] HUNTING license, and a trapping license;
a resident of the state who is an active member of the organized militia
of  the state of New York as defined by section one of the military law,
or the reserve components of the armed forces of the United States,  and
excluding  members  of  the inactive national guard and individual ready
reserve, is entitled to receive free of  charge  a  fishing  license,  a
[small  and  big  game]  HUNTING  license, and a trapping license; and a
resident who is blind is entitled to receive a fishing license  free  of
charge.  For  the purposes of this subdivision a person is blind only if
either: (a) his or her central visual acuity does not exceed  20/200  in
the  better  eye with correcting lenses, or (b) his or her visual acuity
is greater than 20/200 but is accompanied by a limitation of  the  field
of  vision such that the widest diameter of the visual field subtends an
angle no greater than 20 degrees.
  [A resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is  enti-
tled  to  receive  a  sportsman  license at the cost of ten dollars as a
license fee.]
  A resident in the state for a period of thirty days immediately  prior
to  the date of application who has attained the age of seventy is enti-
tled to receive a fishing license, [and] a trapping LICENSE, AND A HUNT-
ING license, at a cost of five dollars for each license.
  A resident in the state for a period of thirty days immediately  prior
to  the date of application who has attained the age of seventy is enti-
tled to receive free of charge a  bowhunting  [stamp]  PRIVILEGE  and  a
muzzle-loading [stamp] PRIVILEGE.
  Each applicant for a license, permit or [stamp] PRIVILEGE shall pay to
the  issuing  officer a fee, according to the license, permit or [stamp]
PRIVILEGE issued and the residence or other qualification of the  appli-
cant.
  S 5. Paragraphs a, b, and c of subdivision 3 of section 11-0715 of the
environmental  conservation  law,  as amended by section 4 of part KK of
chapter 59 of the laws of 2009, are amended to read as follows:
  a. In the case of persons who [have been residents of  the  state  for
more  than  thirty days immediately preceding the date of application or
who are enrolled in a full-time course at a college or university within
the state and who are in residence in the state  for  the  school  year,
Indians residing off reservations in the state and members of the United
States armed forces in active service stationed in this state regardless
of place of residence at the time of entry into service] MEET THE CRITE-
RIA  SET  FORTH IN PARAGRAPH C OF SUBDIVISION FOUR OF SECTION 11-0703 OF
THIS TITLE:
        License                                   Fee
        (1) [Super-sportsman                      $88.00
        (2) Trapper Super-sportsman               $88.00
        (3) Sportsman                             $47.00
        (4) Small and big game                    $29.00]
        (A) HUNTING                               $22.00
        (B) HUNTING AGES FIFTEEN
        AND UNDER                                 $5.00
        [(5)] (2) Fishing                         [$29.00] $25.00
        [(6)] (3)(A) Trapping                     [$21.00] $20.00
        [(7) Small game                           $26.00]
        [(8) Junior trapping]
        (B) TRAPPING AGES FIFTEEN AND UNDER       [$ 6.00]  $5.00

S. 2608--D                         28                         A. 3008--D

        [(9)] (4) Muzzle-loading [stamp]          [$21.00] $15.00
        PRIVILEGE
        [(10)] (5)(A) Bowhunting [stamp]          [$21.00] $15.00
        PRIVILEGE
        (B) BOWHUNTING PRIVILEGE
        AGES FIFTEEN AND UNDER                    $5.00
        [(11)] (6) Turkey permit                  $10.00
        [(12)] (7) Seven-day fishing              [$15.00] $13.00
        [(13) Conservation legacy                 $96.00
        (14)] (8) One-day fishing                 $ 5.00
  b. In the case of a non-resident and persons resident in the state for
less  than  thirty days[, other than persons who are enrolled in a full-
time course at a college or university within the state and who  are  in
residence  in  the  state  for  the school year and those members of the
United States armed forces as to whom fees are specified in paragraph  a
of this subdivision]:
        License                                   Fee
        (1) [Big game](A) HUNTING                 [$140.00] $100.00
        (B) HUNTING AGES FIFTEEN AND UNDER        $5.00
        (2) [Small game                           $85.00
        (3)] Fishing                              [$70.00] $50.00
        [(4)] (3) Seven-day fishing               [$35.00] $31.00
        [(5)] (4)(A) Trapping                     [$310.00] $275.00
        [(6) Super-sportsman                      $280.00
        (7)](B) TRAPPING AGES FIFTEEN AND UNDER   $5.00
        (5)(A) Bowhunting PRIVILEGE               [$140.00] $30.00
        (B) BOWHUNTING PRIVILEGE AGES
        FIFTEEN AND UNDER                         $5.00
        [(8)] (6) Muzzle-loading                  [$140.00] $30.00
        [(9) Bear tag                             $50.00]
        [(10)] (7) Turkey permit                  [$50.00] $20.00
        [(11)] (8) One-day fishing                [$15.00] $10.00
  c. In all cases:
        (1) Certificates in lieu of
        lost license or [stamp] PRIVILEGE or tag            $5.00
        (2) Duplicate for lost or
        destroyed permit[, button] or tag                   $10.00
        [(3) Junior hunting license                         $ 5.00
        (4) Junior archery license                          $ 9.00
        (5) One-day fishing license                         $15.00
        (6) Conservation patron license                     $12.00]
  S  6.  Subdivisions  4  and  6 of section 11-0715 of the environmental
conservation law, subdivision 4 as amended by section 5 of  part  KK  of
chapter  59 of the laws of 2009, subdivision 6 as added by section 32 of
part F of chapter 82 of the laws of 2002, paragraph a of  subdivision  6
as  amended  by  chapter 344 of the laws of 2008, are amended to read as
follows:
  4. A person, resident in the state for at least thirty days immediate-
ly prior to the date of application, who has been  honorably  discharged
from  service  in the armed forces of the United States and certified as
having a forty percent or greater service-connected disability is  enti-
tled  to receive all licenses, [stamps] PRIVILEGES, tags, [buttons,] and
permits authorized by this title for which he or she is eligible, except
turkey permits, renewable each year for a five dollar fee.
  6. a. License issuing officers may retain 1.1  percent  of  the  gross
proceeds from the sale of [the following:

S. 2608--D                         29                         A. 3008--D

  (1) non-resident small game license
  (2) non-resident big game license
  (3) non-resident trapping license
  (4) bear tag
  (5) non-resident bowhunting license
  (6) non-resident muzzle-loading license
  (7) non-resident super-sportsman license
  (8) non-resident turkey permit
  (9)] all lifetime licenses listed in section 11-0702 of this title.
  b.  License  issuing  officers  may  retain  5.5  percent of the gross
proceeds from sale of all other license,  [stamps]  PRIVILEGES,  certif-
icates  and permits, including any application fees associated with such
licenses, [stamps,] PRIVILEGES, certificates and permits.
  S 7. Paragraphs c, d and e of subdivision 1 of section 11-0907 of  the
environmental conservation law, paragraph c as amended by section 38 and
paragraphs d and e as added by section 40 of part F of chapter 82 of the
laws of 2002, are amended to read as follows:
  c.  The  limit  for wild deer is one deer per person in a license year
except that (1) a person  entitled  to  exercise  the  privileges  of  a
special  antlerless deer license may take an antlerless deer while hunt-
ing pursuant to such license in addition to the limit of one deer  in  a
license  year  otherwise  applicable,  (2) a person who is a member of a
hunting group holding a deer management permit or permits issued  pursu-
ant  to  section  11-0913 of this article may take additional deer while
hunting in accordance with the conditions of the permit or permits,  (3)
the  holder  of  a  bowhunting [license or stamp] PRIVILEGE or a muzzle-
loading [license or stamp] PRIVILEGE may take up to two additional deer,
pursuant to regulations promulgated by the department, and (4) an eligi-
ble non-ambulatory person, pursuant to subdivision 2 of section  11-0931
of this article may take a deer of either sex in any wildlife management
unit  area where deer management permits have been issued by the depart-
ment, while in possession of a valid HUNTING license  [which  authorizes
the holder to hunt big game]. Nothing contained in this section shall be
construed  to  limit  the  power of the department to designate by regu-
lation an area or areas of the state consisting of a county or part of a
county where such season shall apply and  whether  the  number  of  such
special permits shall be limited.
  d.  (1) A person who holds licenses [or stamps] AND PRIVILEGES author-
izing the holder to hunt deer during a special archery  season  and  the
regular  open  season  and  who has taken a deer by longbow in a special
archery season and who has not taken a deer in  a  regular  open  season
may,  in  addition  to the limit of one deer in a license year otherwise
applicable, take during the same license year additional deer as  speci-
fied  by department regulation in a special archery season following the
close of the regular open deer season.
  (2) A person who holds licenses [or stamps] AND PRIVILEGES authorizing
the holder to hunt deer during a special archery season and the  regular
open  season  and  who  has  taken a deer by longbow in the regular open
season for deer in Westchester or Suffolk counties may, in  addition  to
the  limit  of  one  deer  in  a license year otherwise applicable, take
during the same license year additional deer as specified by  department
regulation  during  such Westchester or Suffolk county regular open deer
season.
  e. A person who holds licenses [or stamps] AND PRIVILEGES  authorizing
the  holder  to hunt deer during a special muzzle-loading season and the
regular open season and who has taken a deer by  muzzle-loading  firearm

S. 2608--D                         30                         A. 3008--D

in  a  muzzle-loading  season  and who has not taken a deer in a regular
open season may, in addition to the limit of one deer in a license  year
otherwise applicable, take during the same year additional deer as spec-
ified  by  department  regulation  in  a  special  muzzle-loading season
following the close of the regular deer season.
  S 8. Paragraph c of subdivision 1 of section 11-0907 of  the  environ-
mental  conservation  law, as amended by section 39 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
  c. The limit for wild deer and bear is  one  deer  and  one  bear  per
person  in  a license year except that (1) a person entitled to exercise
the privileges of a special antlerless deer license may take an  antler-
less  deer  while  hunting  pursuant  to such license in addition to the
limit of one deer in a license year otherwise applicable, (2)  a  person
who  is  a member of a hunting group holding a deer management permit or
permits issued pursuant to section 11-0913  of  this  article  may  take
additional  deer  while hunting in accordance with the conditions of the
permit or permits, (3) the holder of a  bowhunting  [license  or  stamp]
PRIVILEGE  or  a muzzle-loading [license or stamp] PRIVILEGE may take up
to two additional deer,  pursuant  to  regulations  promulgated  by  the
department,  and  (4)  an  eligible  non-ambulatory  person, pursuant to
subdivision 2 of section 11-0931 of this article  may  take  a  deer  of
either  sex  in  any wildlife management unit area where deer management
permits have been issued by the department, while  in  possession  of  a
valid  HUNTING  license  [which authorizes the holder to hunt big game].
Nothing contained in this section shall be construed to limit the  power
of  the  department  to  designate by regulation an area or areas of the
state consisting of a county or part of a county where such season shall
apply and whether the number of such special permits shall be limited.
  S 9.  Paragraph a of subdivision 3 of section 11-0907 of the  environ-
mental  conservation  law, as amended by section 41 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
  a. In every area identified in column one of the table  set  forth  in
subdivision  2  of this section, except Westchester and Suffolk Counties
in which a regular open season for taking deer  by  firearms  is  estab-
lished  and  effective,  a special open season is established for taking
deer of either sex, by the use of a long bow only by holders of a [small
and big game, sportsman, or free sportsman] HUNTING license  [to  which]
WITH  a  valid  bowhunting  [stamp  is affixed or to holders of a junior
archery,  resident  or  non-resident  super-sportsman,  or  non-resident
bowhunting license] PRIVILEGE.
  S 10.  Paragraph a of subdivision 3 of section 11-0907 of the environ-
mental  conservation  law, as amended by section 42 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
  a. In every area identified in column one of the table  set  forth  in
subdivision  2  of this section, except Westchester and Suffolk Counties
in which a regular open season for taking deer  by  firearms  is  estab-
lished  and  effective,  a special open season is established for taking
deer of either sex, and bear, by the use of a long bow only  by  holders
of  a [small and big game, sportsman, or free sportsman] HUNTING license
[to which] WITH a valid bowhunting [stamp is affixed or to holders of  a
junior  archery,  resident or non-resident super-sportsman, or non-resi-
dent bowhunting license] PRIVILEGE.
  S 11. Paragraph a of subdivision 8 of section 11-0907 of the  environ-
mental  conservation  law, as amended by section 45 of part F of chapter
82 of the laws of 2002, is amended to read as follows:

S. 2608--D                         31                         A. 3008--D

  a. In every area identified in column one of the table  set  forth  in
subdivision  2 of this section, except those areas restricted to special
seasons for taking deer by longbow only, special  open  seasons  may  be
established  by  regulation  for  taking deer and/or bear, by the use of
muzzle-loading  firearms, of not less than .44 caliber shooting a single
projectile, by the holders of a [small and big game, sportsman  or  free
sportsman] HUNTING license [to which] WITH a valid muzzle-loading [stamp
is  affixed or to holders of a resident or non-resident super-sportsman,
or non-resident muzzle-loading license] PRIVILEGE.
  S 12. Subdivision 7 of section 11-0913 of the environmental  conserva-
tion  law,  as amended by section 6 of part KK of chapter 59 of the laws
of 2009, is amended to read as follows:
  7. The department shall charge and receive a fee of  ten  dollars  for
the application and the processing of such permit or permits. Applicants
who  are  successful  in  the  computerized  selection shall receive the
permit or permits free of any additional  charge.  The  application  fee
shall  be  non-refundable.  The department may waive the application fee
for holders of a lifetime  sportsman  license  existing  as  of  October
first,  two  thousand  nine[,  junior  archery  license, resident super-
sportsman license, or junior hunting license] AND HOLDERS OF  A  HUNTING
LICENSE LESS THAN SIXTEEN YEARS OF AGE.
  S  13.  Section  11-0929  of  the  environmental  conservation law, as
amended by chapter 344 of the laws of 2008, subdivision 5  as  added  by
chapter 25 of the laws of 2011, is amended to read as follows:
S 11-0929. Hunting by minors.
  1.  A  licensee  who is twelve or thirteen years of age shall not hunt
wildlife with a gun or a longbow unless he or she is accompanied by  his
or  her parent or legal guardian, or by a person twenty-one years of age
or older designated in writing by his or her parent or legal guardian on
a form prescribed by the department, who holds a HUNTING license  [which
authorizes the holder to hunt wildlife].
  2. A licensee who is fourteen or fifteen years of age shall not:
  a.  hunt  wildlife with a gun or longbow, other than wild deer or bear
as provided in paragraph b of this subdivision,  unless  he  or  she  is
accompanied  by  his  or  her parent or legal guardian holding a HUNTING
license [which authorizes the holder to hunt wildlife], or by  a  person
eighteen  years  of  age  or  older, designated in writing by his or her
parent or legal guardian, holding such license;
  b. hunt wild deer or bear with a gun unless:
  (1) he or she is accompanied by his or her parent or a legal guardian,
or a youth mentor who is twenty-one years of age or older designated  in
writing  by  the  parent  or  legal  guardian  of the licensee on a form
prescribed by the department; and
  (2) such parent, guardian or youth mentor has had at least three years
of experience in hunting big game; and
  (3) such parent, guardian or youth  mentor  holds  a  HUNTING  license
[which authorizes the holder to hunt big game]; and
  (4)  such  parent, guardian or youth mentor maintains physical control
over the minor he or she is accompanying at all times while hunting; and
  (5) such parent, guardian or youth mentor and the minor he or  she  is
accompanying remain at ground level at all times while hunting; and
  (6)  such  parent, guardian or youth mentor and the minor he or she is
accompanying shall each display either a minimum total  of  two  hundred
fifty square inches of solid fluorescent orange or patterned fluorescent
orange consisting of no less than fifty percent fluorescent orange mate-
rial  worn  above the waist and visible from all directions, or a hat or

S. 2608--D                         32                         A. 3008--D

cap with no less than fifty percent of the exterior consisting of  solid
fluorescent  orange  material  and  visible  from  all  directions.  For
purposes of this paragraph, "physical control" shall mean that the phys-
ical  proximity  of the minor to the parent, guardian or youth mentor is
such that the parent, guardian or youth mentor  is  reasonably  able  to
issue  verbal  directions  and  instructions,  maintain  constant visual
contact, and otherwise provide guidance and supervision to the minor.
  3. A licensee who is sixteen or seventeen years of age and who has not
previously had a license which authorizes the holder to  hunt  big  game
issued  to  him  or  her and engaged in hunting pursuant to it shall not
hunt deer or bear unless he or she is accompanied by his or  her  parent
or  legal  guardian,  or by a person designated in writing by his or her
parent or legal guardian on a form prescribed by the department and  who
is  eighteen  years  of age or older and who has had at least one year's
experience in hunting deer or bear, and such accompanying parent, guard-
ian or person holds a HUNTING license [which authorizes  the  holder  to
hunt big game].
  4.  A  [junior  archery] HUNTING licensee WITH A BOWHUNTING PRIVILEGE,
who is fourteen or fifteen years of age, shall not  hunt  deer  or  bear
unless  he or she is accompanied by his or her parent or legal guardian,
or by a person designated in writing by his or her parent or legal guar-
dian on a form prescribed by the department who is eighteen years of age
or older and who has had at least one year's experience in hunting  deer
or  bear  by  longbow,  and such accompanying parent, guardian or person
holds a HUNTING license [which authorizes the holder to  hunt  big  game
during  a  special  archery  season  and the regular open season] WITH A
BOWHUNTING PRIVILEGE.
  5. A [junior archery] HUNTING licensee WITH  A  BOWHUNTING  PRIVILEGE,
who  is  twelve  or  thirteen  years of age, shall not hunt deer or bear
unless:
  (a) he or she is accompanied by his or her parent or  legal  guardian,
or by a person designated in writing by his or her parent or legal guar-
dian  on  a form prescribed by the department who is twenty-one years of
age or older and
  (b) such parent, guardian or person has  had  at  least  three  year's
experience in hunting deer or bear by longbow and
  (c)  such  parent,  guardian  or  person holds a HUNTING license [that
authorizes the holder to hunt big game] and
  (d) such parent, guardian or person maintains  physical  control  over
the  minor he or she is accompanying at all times while hunting. For the
purposes of this paragraph "physical control" shall mean that the  phys-
ical  proximity  of  the minor to the parent, guardian or person is such
that the parent, guardian or person is reasonably able to  issue  verbal
directions  and  instructions,  maintain  constant  visual  contact, and
otherwise provide guidance and supervision to the minor.
  S 14. Subdivision 1 of section 13-0355 of the environmental  conserva-
tion  law,  as amended by section 1 of part AA of chapter 60 of the laws
of 2011, is amended to read as follows:
  1. Definitions of registrations;  privileges.  A  recreational  marine
fishing  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 registration is effective for [a registra-
tion year beginning January first and ending December thirty-first]  ONE
YEAR FROM THE DATE IT WAS ISSUED.

S. 2608--D                         33                         A. 3008--D

  S 15. Section 9 of part AA of chapter 60 of the laws of 2011, amending
the  environmental  conservation  law relating to saltwater recreational
fishing registrations, is amended to read as follows:
  S  9.  This act shall take effect immediately [and shall expire and be
deemed repealed December 31, 2013].
  S 16. Subdivisions 1 and 2 of section  11-0702  of  the  environmental
conservation  law,  subdivision  1 as amended by section 2 of part AA of
chapter 60 of the laws of 2011 and subdivision 2 as amended  by  section
18  of  part F of chapter 82 of the laws of 2002, are amended to read as
follows:
  1. There are hereby created the following lifetime  hunting,  fishing,
trapping,  archery  and  muzzle-loading  [licenses]  PRIVILEGES and fees
therefor subject to the same privileges and obligations of a  comparable
short term license:

             Licenses                               Fees
      a. Lifetime [sportsman] license
      INCLUDING A HUNTING LICENSE,
      FISHING LICENSE and turkey
     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] HUNTING 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] PRIVILEGE.                             $235.00
      g. Lifetime muzzle-
     loading [stamp] PRIVILEGE.                     $235.00
      [j.] H. For transfer to a person pursuant
     to section 11-0704 of this title                $50.00
  The holder of a lifetime [small and big game] HUNTING license or LIFE-
TIME  fishing  license may, at any time, convert such license to a life-
time [sportsman] license [and turkey permit] PURSUANT TO PARAGRAPH A  OF
THIS  SUBDIVISION for an additional fee equal to the [existing differen-
tial] DIFFERENCE BETWEEN THE CURRENT FEE FOR THE NEW LICENSE AND THE FEE
ORIGINALLY PAID FOR THE LICENSE.
  2. Legal residency within the state of New York shall be  a  prerequi-
site  for  persons  to  obtain,  or have obtained for them, any lifetime
licenses included within this section.  Lifetime  licenses  so  obtained
shall  continue  to  be  valid for use within the state by the person to
whom the lifetime license was issued, regardless of a change in residen-
cy of that lifetime license holder. Holders of lifetime HUNTING licenses

S. 2608--D                         34                         A. 3008--D

[which include lifetime big game privileges] who become non-residents of
the state may continue to obtain resident bowhunting and  muzzle-loading
[stamps]  PRIVILEGES,  including  lifetime  archery  and  muzzle-loading
[stamps]  PRIVILEGES.    Holders  of  lifetime  [licenses which include]
bowhunting and muzzle-loading privileges who become non-residents of the
state may continue to obtain resident  [big  game]  HUNTING  privileges,
including  ANY  lifetime  [sportsman or small and big game licenses.  An
annual turkey permit will be granted at no additional fee  as  an  addi-
tional  privilege of all existing lifetime sportsman licenses.] LICENSES
THAT INCLUDE ANY HUNTING PRIVILEGES. Possession of lifetime licenses  is
nontransferable.
  S  17.  The  section  heading  of section 11-0707 of the environmental
conservation law is amended to read as follows:
Exemptions from requirement of hunting, [big game,] fishing and trapping
             licenses.
  S 18. Subdivision 5 of section 11-1911 of the environmental  conserva-
tion  law,  as  amended by chapter 57 of the laws of 1993, is amended to
read as follows:
  5. The holder of [a] ANY TYPE OF fishing[, three-day or five-day fish-
ing, combination free hunting-big game hunting-fishing or combined resi-
dent hunting, fishing and big  game  license  or  combined  non-resident
hunting, fishing, big game, bowhunting and muzzle-loading] license, or a
person  entitled to exercise the privileges of such a license, may, with
the permission of the licensee, take fish by angling from  the  licensed
pond provided the holder complies with the provisions of title 13 of the
Fish and Wildlife Law, with respect to open seasons, minimum size limits
and daily and seasonal possession limits.
  S  19. Subdivision 8 of section 71-0921 of the environmental conserva-
tion law, as amended by chapter 595 of the laws of 1984, is  amended  to
read as follows:
  8.  Making a false statement in applying for a license, [stamp] PRIVI-
LEGE or permit under the Fish and Wildlife Law, or for a certificate  in
lieu  of  a  lost license or [stamp] PRIVILEGE or a duplicate [big game]
HUNTING license tag under title 7 of article 11 of  this  chapter.  Each
such  misdemeanor  shall be punishable by imprisonment for not more than
three months, or by a fine of not more than two hundred dollars,  or  by
both  such  imprisonment and fine. In addition, the department may imme-
diately revoke the license, [stamp] PRIVILEGE, permit or certificate for
which application was made for the remainder of its effective term.
  S 20. Paragraph (a) of subdivision 3 of section 11-0327 of  the  envi-
ronmental conservation law, as amended by section 4 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
  (a)  To  review the allocations and expenditures of the department for
fish and wildlife purposes as provided in section 11-0303 of this  title
and  report  to  the commissioner by November fifteenth of each year. 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 legisla-
ture current and anticipated income and expenditures for  the  fish  and
wildlife  programs,  including planned expenditures by time and activity
code for the next fiscal year. Such report shall include the findings of
the advisory board regarding such allocations and expenditures,  includ-
ing  expenditures  and appropriations from the conservation fund and the
extent to which such expenditures and appropriations are consistent with
the requirements of state law. The report shall also include recommended
maximum annual fees for the  licenses  and  [stamps]  BOWHUNTING  AND/OR
MUZZLE-LOADING PRIVILEGES identified in subdivision 3 of section 11-0715

S. 2608--D                         35                         A. 3008--D

of  this  article.  In  recommending  such fees the board shall consider
economic indicators, the status  of  the  conservation  fund,  and  such
program  indicators  as  it may deem appropriate. The commissioner shall
submit  such  report,  in its entirety, to the governor and the legisla-
ture.
  S 21. Section 11-0705  of  the  environmental  conversation  law,  the
section  heading,  paragraph  a  of  subdivision  1 and subdivision 3 as
amended by chapter 57 of the laws of 1993, paragraph b of subdivision  1
as  amended by chapter 189 of the laws of 1992, paragraphs a, b and d of
subdivision 2 as amended by section 24 of part F of chapter  82  of  the
laws of 2002, is amended to read as follows:
S 11-0705. Failure  to  carry  license, tag or [stamp] BOWHUNTING AND/OR
             MUZZLE-LOADING PRIVILEGES.
  1. a. The holder of a license, tag [or stamp], BOWHUNTING PRIVILEGE OR
MUZZLE-LOADING PRIVILEGE defined in section 11-0701 OF THIS TITLE shall:
  (1) have such license, tag or [stamp] PRIVILEGE on the holder's person
while exercising any privilege of that license stated in section 11-0701
OF THIS TITLE, or while assisting or accompanying a minor in hunting  as
provided in section 11-0929 OF THIS ARTICLE, and
  (2)  [if  a stamp is required to be affixed to the license it shall be
so affixed; and
  b.] shall exhibit it on demand to any police officer, peace officer or
owner, lessee or person in control of the lands or waters or the  desig-
nees of the owner, lessee or person in control of the lands or waters on
which the license holder is present[; and
  c.  if  a button was issued with the license he shall wear such button
in plain sight].
  2.  a. Holders of a HUNTING license [which authorizes  the  holder  to
hunt  wildlife  other than big game,] while exercising the privileges of
such license, shall have the back tag issued with their license attached
to and displayed on the back of the outer garment between the  shoulders
in such manner that all figures are plainly visible at all times.
  b. [Holders of a license which authorizes the holder to hunt big game,
while  hunting  wild  deer  or bear, shall have the back tag issued with
their license so attached and displayed.
  c.] The license tag for the current year only shall be displayed.
  [d.] C. Notwithstanding the provisions of paragraphs a[,] AND  b  [and
c]  of  this  subdivision,  a  license  holder  shall not be required to
display such license tag in the Northern Zone or the Catskill Park.
  3. Failure of a licensee to have the holder's license, tag or  license
with   [stamp   affixed]   BOWHUNTING  AND/OR  MUZZLE-LOADING  PRIVILEGE
INCLUDED, on the holder's person while [exercising any privilege of  the
license, tag or license and stamp, and to wear in plain sight any button
issued with the license while so doing] HUNTING, FISHING OR TRAPPING, is
presumptive evidence that the holder is hunting, fishing or trapping, as
the case may be, without holding the license, tag or license and [stamp]
BOWHUNTING  OR  MUZZLE-LOADING  PRIVILEGE  required  by subdivision 6 of
section 11-0703 OF THIS TITLE.
  S 22. Section 11-0706 of the environmental conservation law, as  added
by section 1 of part FF of chapter 58 of the laws of 2012, is amended to
read as follows:
S 11-0706. Gift cards for hunting and fishing licenses.
  1.  The  commissioner  is  authorized  to establish gift cards for the
licenses and [stamps] BOWHUNTING AND MUZZLE-LOADING PRIVILEGES set forth
in section 11-0701 of this title.

S. 2608--D                         36                         A. 3008--D

  2. For the purposes of this title, the term "gift card" shall  mean  a
restricted  monetary  equivalent  or  voucher that, when redeemed by the
holder, entitles such person to a valid license  or  [stamp]  BOWHUNTING
AND/OR  MUZZLE-LOADING PRIVILEGE as set forth in section 11-0701 of this
title.
  S 23. Subdivision 13 of section 11-0901 of the environmental conserva-
tion  law,  as  added  by chapter 486 of the laws of 1985, is amended to
read as follows:
  13. Persons engaged in hunting deer and/or bear with  a  longbow  must
possess a current bowhunting [stamp] PRIVILEGE or a valid certificate of
qualification  in  responsible bowhunting practices issued or honored by
the department.
  S 24. Subdivision 6 of section 11-0931 of the environmental  conserva-
tion  law,  as  amended by chapter 97 of the laws of 1978, is amended to
read as follows:
  6. No person while engaged in hunting  deer  or  bear  pursuant  to  a
bowhunting [stamp] PRIVILEGE, and no person accompanying him OR HER or a
member  of  his  OR  HER  party,  while he OR SHE is so engaged during a
special longbow season, shall have in his OR HER possession a firearm of
any kind, and no person while engaged in hunting deer or  bear  pursuant
to a muzzle-loading [stamp] PRIVILEGE, and no person accompanying him OR
HER  or  a  member  of  his  OR HER party, while he OR SHE is so engaged
during a special muzzle-loading firearm season, shall have in his OR HER
possession a firearm of any kind other than a muzzle-loading firearm.
  S 25. Subdivision 4 of section 11-1201 of the environmental  conserva-
tion  law,  as amended by section 52 of part F of chapter 82 of the laws
of 2002, is amended to read as follows:
  4. "License to hunt", ["stamp to hunt",] or "permit to hunt" means any
license, permit, or other privilege granted pursuant to section  11-0701
of this article which authorizes the holder to hunt wildlife.
  S  26. Paragraph a of subdivision 1 of section 11-0719 of the environ-
mental conservation law, as amended by chapter 176 of the laws of  1987,
is amended to read as follows:
  a.  In  the circumstances described in paragraph b OF THIS SUBDIVISION
the department may revoke any license [or stamp], BOWHUNTING  PRIVILEGE,
OR  MUZZLE-LOADING  PRIVILEGE,  of  any  person,  to hunt, fish or trap,
defined in section 11-0701 OF THIS  TITLE  or  issued  pursuant  to  any
provision  of  the  Fish  and Wildlife Law, or it may revoke all of such
licenses [or stamps], BOWHUNTING PRIVILEGES,  OR  MUZZLE-LOADING  PRIVI-
LEGES.    It  may also deny such person, for a period not exceeding five
years, the privilege of obtaining such license or licenses [or stamp  or
stamps],  BOWHUNTING PRIVILEGE, OR MUZZLE-LOADING PRIVILEGE, or of hunt-
ing, trapping or fishing, anywhere in the state with or without  license
[or stamp], BOWHUNTING PRIVILEGE, OR MUZZLE-LOADING PRIVILEGE, except as
provided in subdivision 1 of section 11-0707 OF THIS TITLE or in section
11-0523  OF  THIS ARTICLE. It may also require that such person success-
fully complete a department-sponsored course and obtain a certificate of
qualification in responsible hunting, responsible bowhunting or  respon-
sible trapping practices before being issued another license.
  S  27. Subdivision 2 of section 11-0719 of the environmental conserva-
tion law, paragraph a as amended by chapter 119 of the laws of 1999, the
opening paragraph of paragraph a as amended by section 33 of part  F  of
chapter 82 of the laws of 2002, paragraph b as amended by chapter 269 of
the  laws  of 1975, paragraph c as amended by chapter 176 of the laws of
1987, and paragraph d as amended by chapter 595 of the laws of 1984,  is
amended to read as follows:

S. 2608--D                         37                         A. 3008--D

  2.  a.  The  department  may  revoke  the licenses, tags, [and stamps]
BOWHUNTING PRIVILEGES, OR MUZZLE-LOADING PRIVILEGES, which authorize the
holder to hunt and/or trap wildlife,  and  may  deny  the  privilege  of
obtaining  such  licenses,  tags, [and stamps] BOWHUNTING PRIVILEGES, OR
MUZZLE-LOADING PRIVILEGES, and may deny the privileges of hunting and/or
trapping with or without a license.
  (1) of any person who, while engaged in hunting or trapping,
  (i)  causes  death  or  injury  to another by discharging a firearm or
longbow, or
  (ii) so negligently discharges a firearm or longbow as to endanger the
life or safety of another, or
  (iii) so negligently and wantonly discharges a firearm or  longbow  as
to destroy or damage public or private property; or
  (2) of any agent of the department authorized to issue certificates of
qualification  in responsible hunting, bowhunting, or trapping practices
who improperly issues any such certification to a person whom he has not
trained, or whom he knows has not satisfactorily completed  all  of  the
requirements necessary for such certification.
  b.  Action  by  the  department  resulting  in  the revocation of such
license or denial of the privilege to hunt and trap as provided in  this
subdivision  shall  be  only after a hearing held by the department upon
notice to the offender, at which proof of facts indicating the violation
is established to the satisfaction of the commissioner or of the hearing
officer designated by him and concurred in by the commissioner. Provided
that where a person, while hunting, causes death or injury to any person
by discharge of a firearm or  longbow,  the  commissioner  may,  in  his
discretion,  suspend  such  person's  license  or  licenses  to hunt and
suspend such person's right to hunt without a license for a period of up
to sixty days pending a hearing as provided for in this subdivision.
  c. In case such discharge of a firearm  or  longbow  causes  death  or
injury  to  another,  the license or licenses, BOWHUNTING PRIVILEGE, AND
MUZZLE-LOADING PRIVILEGE shall be revoked and the [privilege of  obtain-
ing]  ABILITY  TO  OBTAIN any such license and of hunting or of trapping
anywhere in the state with or without a license denied, for a period not
exceeding ten years, except that no revocation shall be made in cases in
which facts established at the hearing indicate to the  satisfaction  of
the commissioner that there was no negligence on the part of the shooter
or bowman. In all other cases the license or licenses, BOWHUNTING PRIVI-
LEGE, OR MUZZLE-LOADING PRIVILEGE, shall be revoked and the privilege of
obtaining  such  license, BOWHUNTING PRIVILEGE, OR MUZZLE-LOADING PRIVI-
LEGE, and of hunting or of trapping anywhere in the state with or  with-
out  a license denied for a period not exceeding five years. The depart-
ment may also require that the  person  causing  such  death  or  injury
successfully complete a department-sponsored course and obtain a certif-
icate  of  qualification  in responsible hunting or bowhunting practices
before being issued another hunting license.
  d. Every person injuring himself, herself or another person in a hunt-
ing accident, as such term is  defined  in  subdivision  25  of  section
11-0103 of this [chapter] ARTICLE, and the investigating law enforcement
officer  summoned  to  or  arriving  at the scene of such accident shall
within ten days from the occurrence of such accident file  a  report  of
the  accident  in  writing with the department. Every such person or law
enforcement officer shall make such other and additional reports as  the
department  shall  require.    Failure to report such accident as herein
provided by the person causing injury or to furnish relevant information
required by the department shall be a  violation  and  shall  constitute

S. 2608--D                         38                         A. 3008--D

grounds  for  suspension or revocation of such person's hunting licenses
AND BOWHUNTING AND MUZZLE-LOADING PRIVILEGES and denial of  the  [privi-
lege  of  obtaining]  ABILITY  TO OBTAIN any such license and of hunting
with  or  without  a  license  following  a hearing or opportunity to be
heard. In addition, the department may temporarily suspend  the  license
of  the  person  failing  to report a hunting accident within the period
prescribed herein until such report has been filed. In  the  case  of  a
non-resident, the failure to report an accident as herein provided shall
constitute grounds for suspension or revocation of his or her privileges
of  hunting within this state. The report required by this section shall
be made in such form and number as the department may prescribe.
  S 28. Subdivisions 3 and 5 of section  11-0719  of  the  environmental
conservation  law, subdivision 3 as amended by chapter 25 of the laws of
2011, are amended to read as follows:
  3. A [junior] hunting license issued to  a  person  who  is  at  least
twelve  and less than sixteen years of age or a [junior archery license]
HUNTING LICENSE WITH BOWHUNTING PRIVILEGE issued  to  a  person  who  is
between  the  ages  of  twelve  and  sixteen years may be revoked by the
department upon proof satisfactory to the department that  such  person,
while  under  the age of sixteen, has engaged in hunting wildlife with a
gun or longbow, in circumstances in which a license AND/OR BOWHUNTING OR
MUZZLE-LOADING PRIVILEGE is required, while not accompanied  by  his  or
her  parent,  guardian  or other adult as provided in section 11-0929 of
this article. If such license or privilege  is  revoked  the  department
shall  fix  the  period  of  such revocation, which is not to exceed six
years. The department may require that such person successfully complete
a department sponsored course and obtain a certificate of  qualification
in  responsible hunting or responsible bowhunting practices before being
issued another hunting or bowhunting license.
  5. When the department has revoked a license, or  has  denied  to  any
person  the  [privilege of obtaining] ABILITY TO OBTAIN a license, or of
hunting, trapping or fishing without a license, it shall cause the  fact
of such revocation or denial, or both, as the case may be, and the terms
and  extent thereof, to be entered in the minutes of the department, and
shall forthwith send a written notice of its action as so entered in the
minutes to the person affected, at his last  known  address,  either  by
registered  or  certified  mail or by delivery personally by a represen-
tative of the department. Within five days after service of such notice,
such person shall deliver to the  department  the  license  or  licenses
revoked,  together  with any [buttons or] tags issued in connection with
them. If the license was one entitling the holder to [the  privilege  of
several  licenses,]  A  BOWHUNTING  OR  MUZZLE-LOADING PRIVILEGE and the
revocation concerned some but not all of such privileges,  any  license,
[button]  or tag so delivered shall be returned by the department to the
person to whom it was issued, appropriately marked or  stamped  to  show
the extent to which it is revoked.
  S 29. Subdivisions 3, 4, and 5 of section 11-1205 of the environmental
conservation  law,  as  added  by  chapter  726 of the laws of 1977, are
amended to read as follows:
  3. If such person, having been placed under arrest or after  a  breath
test  indicates  the presence of alcohol in his system and having there-
after been requested to submit to chemical test, refuses  to  submit  to
such  chemical  test,  the test shall not be given, and a report of such
refusal shall be forwarded by the officer under whose direction the test
was requested to the department  of  environmental  conservation  within
seventy-two hours and the department shall revoke all licenses, [stamps]

S. 2608--D                         39                         A. 3008--D

BOWHUNTING  PRIVILEGES,  MUZZLE-LOADING  PRIVILEGES, and permits to hunt
which such person may possess; provided, however, that  such  revocation
shall  become effective only after a hearing held by the department upon
notice to such person, unless such hearing is waived by such person.
  4.  A license, [stamp] BOWHUNTING PRIVILEGE, MUZZLE-LOADING PRIVILEGE,
or permit to hunt may, upon the basis of a report, verified  as  herein-
after  provided,  of  the  administering  officer that he had reasonable
grounds to believe such person  to  have  been  engaged  in  conduct  in
violation  of  any subdivision of section 11-1203 of this title and that
said person had refused to submit to such test, be temporarily suspended
without notice pending the determination upon  any  such  hearing.  Such
report  may be verified by having the report sworn to, or by affixing to
such report a form notice that false statements made therein are punish-
able as a class A misdemeanor pursuant to section 210.45  of  the  penal
law  and  such  form  notice together with the signature of the deponent
shall constitute a verification of the report.
  5. No license, [stamp] BOWHUNTING PRIVILEGE, MUZZLE-LOADING PRIVILEGE,
or permit to hunt shall be revoked because of a  refusal  to  submit  to
such  chemical  test if the hearing officer is satisfied that the person
requested to submit to such chemical test had not been warned  prior  to
such  refusal  to  the  effect that a refusal to submit to such chemical
test may result in the revocation of such  license,  [stamp]  BOWHUNTING
PRIVILEGE, MUZZLE-LOADING PRIVILEGE, or permit to hunt whether or not he
is found guilty of the charge for which he has been arrested.
  S  30. Subdivision 3 of section 11-1209 if the environmental conserva-
tion law, as added by chapter 726 of the laws of  1977,  is  amended  to
read as follows:
  3. Notwithstanding any provision in section 11-1205 of this title, the
department  [of environmental conservation] may revoke, for a period not
exceeding two years, any or all  licenses,  [stamps]  BOWHUNTING  PRIVI-
LEGES,  MUZZLE-LOADING  PRIVILEGES, or permits to hunt of any person who
violates any subdivision of section 11-1203 of this title. Action by the
department resulting in such  revocation  shall  become  effective  only
after  a  hearing  held by the department upon notice to such person, at
which proof of facts indicating the  violation  is  established  to  the
satisfaction  of  the  commissioner,  or  of  the  hearing  officer  and
concurred in by the commissioner. A person whose  license  to  hunt  has
been  revoked  as  provided  in  this subdivision is ineligible for such
license during the period determined by the department  as  provided  in
this  section.  No  such  person  shall, during such period, procure any
license for which he is ineligible. No person shall without license hunt
or trap during any period in which the  privilege  to  do  so  has  been
denied  him  by  the  department  as  provided in this section. When the
department has revoked a license, or has denied to any person the [priv-
ilege of obtaining] ABILITY TO OBTAIN a license, it shall cause the fact
of such revocation or denial, or both, as the case may be, and the terms
and extent thereof, to be entered in the minutes of the department,  and
shall forthwith send a written notice of its action as so entered in the
minutes  to  the  person  affected, at his last known address, either by
registered or certified mail or by delivery personally  by  a  represen-
tative of the department. Within five days after service of such notice,
such  person  shall  deliver  to  the department the license or licenses
revoked, together with any [buttons] BOWHUNTING PRIVILEGES, MUZZLE-LOAD-
ING PRIVILEGES or tags issued in connection with them.  If  the  license
was  one  entitling the holder to the privilege of several licenses, and
the revocation concerned some  but  not  all  of  such  privileges,  any

S. 2608--D                         40                         A. 3008--D

license,  [button] BOWHUNTING PRIVILEGE, MUZZLE-LOADING PRIVILEGE or tag
so delivered shall be returned by the department to the person  to  whom
it  was  issued,  appropriately  marked or stamped to show the extent to
which it is revoked.
  S  31. Paragraph d of subdivision 1 of section 71-0919 of the environ-
mental conservation law, as amended by chapter 640 of the laws of  1977,
is amended to read as follows:
  d. In the cases provided in sections 11-0719 and 11-2115, is liable to
revocation of licenses to hunt, fish or trap OR FOR BOWHUNTING PRIVILEGE
OR  MUZZLE-LOADING  PRIVILEGE, disqualification for such licenses AND/OR
FOR BOWHUNTING PRIVILEGE OR MUZZLE-LOADING PRIVILEGE and denial  of  the
[privilege  of]  ABILITY  TO  OBTAIN  ANY  hunting,  fishing or trapping
LICENSE  AND  BOWHUNTING  PRIVILEGE  AND  MUZZLE-LOADING  PRIVILEGE,  as
provided in those sections; and
  S  32. This act shall take effect February 1, 2014; provided, however,
that the amendments to paragraph c of subdivision 1 of  section  11-0907
of  the environmental conservation law made by section seven of this act
and the amendments to paragraph a of subdivision 3 of section 11-0907 of
the environmental conservation law made by  section  nine  of  this  act
shall  not  affect the expiration of such paragraphs pursuant to section
13 of chapter 600 of the laws of 1993, as amended, when upon  such  date
sections  eight  and  ten  of  this  act shall take effect, and provided
further, that the amendments to section 9 of part AA of  chapter  60  of
the  laws  of 2011 made by section fifteen of this act shall take effect
immediately.

                                 PART S

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
determines:
  1.  In  2011  and 2012, three storms of enormous magnitude - Hurricane
Irene, Tropical Storm Lee and Superstorm Sandy - each battered New York,
causing billions of dollars of damage  to  roads,  buildings  and  other
infrastructure.  The  three  storms collectively resulted in millions of
residential, business and industrial  customers  of  electric  utilities
losing electricity for extended periods of time.
  2.  Each  of  these storms caused, among other things, a disruption in
the distribution and supply of motor fuels, and in the  case  of  Super-
storm  Sandy, downstate motorists were unable to obtain routine supplies
of fuel for several weeks.
  3. In addition, temporary  fuel  distribution  disruptions  associated
with  the  aftermath  of  a  storm  can result in emergency vehicles and
responders unable to adequately address ongoing public safety and health
emergencies, delay an appropriate  response  to  infrastructure  damages
caused  by  a  storm, and otherwise disrupt commerce in the state due to
difficulty to obtain readily available motor fuels.
  4. On November 15, 2012, in response  to  Superstorm  Sandy,  Governor
Andrew  M.  Cuomo announced the creation of the NYS Ready Commission and
tasked it with finding ways to ensure critical systems and services  are
prepared  for future natural disasters and other emergencies. As related
to this act, the Commission was tasked with  addressing  vulnerabilities
in the state's energy systems.
  5.  The  NYS  Ready  Commission  recommended,  among  other things, to
require that retail gasoline outlets located in strategic locations have
on-site back-up power capacity to ensure that such outlets can  continue
fuel sales operations during a long-term electric outage. The purpose of

S. 2608--D                         41                         A. 3008--D

this act is to ensure that the state is better situated in the future to
address the temporary disruption of retail fuel supplies.
  S  2.  The  agriculture  and  markets  law  is amended by adding a new
section 192-h to read as follows:
  S 192-H. ALTERNATE GENERATED POWER SOURCE AT RETAIL GASOLINE  OUTLETS.
1. DEFINITIONS. WHEN USED IN THIS SECTION:
  (A)  "ALTERNATE  GENERATED  POWER  SOURCE"  MEANS  ELECTRIC GENERATING
EQUIPMENT THAT IS OF A CAPACITY THAT IS CAPABLE  OF  PROVIDING  ADEQUATE
ELECTRICITY TO OPERATE ALL DISPENSERS, DISPENSING EQUIPMENT, LIFE SAFETY
SYSTEMS  AND PAYMENT-ACCEPTANCE EQUIPMENT LOCATED AT A RETAIL OUTLET AND
WHICH CAN OPERATE INDEPENDENT OF THE LOCAL ELECTRIC UTILITY DISTRIBUTION
SYSTEM AND PROVIDE ELECTRICITY DURING A GENERAL POWER OUTAGE OR DECLARED
ENERGY OR FUEL SUPPLY EMERGENCY TO OPERATE THE SYSTEMS NAMED HEREIN.
  (B) "CHAIN OF RETAIL OUTLETS"  MEANS  A  NETWORK  OF  SUBSIDIARIES  OR
AFFILIATES, UNDER DIRECT OR INDIRECT COMMON CONTROL, THAT OPERATE TEN OR
MORE  RETAIL  OUTLETS  LOCATED  IN  A SINGLE DOWNSTATE REGION; PROVIDED,
HOWEVER THAT THIS TERM DOES NOT INCLUDE ANY FRANCHISOR OF THE  BRAND  OF
MOTOR  FUEL  BEING  SOLD  AT SUCH OUTLET, EXCEPT IF SUCH FRANCHISOR OWNS
SUCH OUTLET.
  (C) "CONTROLLED ACCESS HIGHWAY" MEANS EVERY HIGHWAY, STREET, OR  ROAD-
WAY  IN RESPECT TO WHICH OWNERS OR OCCUPANTS OF ABUTTING LANDS AND OTHER
PERSONS HAVE NO LEGAL RIGHT OF ACCESS TO OR FROM THE SAME EXCEPT AT SUCH
POINTS ONLY AND IN SUCH MANNER  AS  MAY  BE  DETERMINED  BY  THE  PUBLIC
AUTHORITY HAVING JURISDICTION OVER SUCH HIGHWAY, STREET, OR ROADWAY.
  (D)  "DIESEL MOTOR FUEL" MEANS ANY FUEL SOLD IN THIS STATE AND FOR USE
IN DIESEL ENGINES WHICH IS COMMERCIALLY KNOWN OR  OFFERED  FOR  SALE  AS
DIESEL MOTOR FUEL.
  (E) "DISPENSER" MEANS A DEVICE LOCATED AT A RETAIL OUTLET THAT IS USED
TO PUMP MOTOR FUEL FROM AN ABOVE-GROUND OR UNDERGROUND STORAGE TANK INTO
A MOTOR VEHICLE.
  (F)  "DOWNSTATE  REGION"  MEANS  EACH  OF THE FOLLOWING REGIONS OF THE
STATE:
  (I) LONG ISLAND REGION: INCLUDES NASSAU AND SUFFOLK COUNTIES.
  (II) LOWER MID-HUDSON REGION: INCLUDES ROCKLAND AND WESTCHESTER  COUN-
TIES.
  (III)  NEW  YORK  CITY REGION: INCLUDES BRONX, KINGS, NEW YORK, QUEENS
AND RICHMOND COUNTIES.
  (G) "EVACUATION ROUTE" MEANS THOSE ROADS  DESIGNATED  BY  EACH  COUNTY
THAT ARE TO BE USED BY MOTORISTS IN CASE OF A HURRICANE OR OTHER NATURAL
DISASTER.
  (H)  "FRANCHISOR" MEANS A PERSON OR COMPANY THAT GRANTS A FRANCHISE TO
A FRANCHISEE.
  (I) "GASOLINE" MEANS ANY FUEL SOLD IN THIS STATE FOR USE  IN  INTERNAL
COMBUSTION  ENGINES  WHICH  IS COMMERCIALLY KNOWN OR OFFERED FOR SALE AS
GASOLINE, WHETHER OR NOT BLENDED WITH ETHANOL OR OTHER CHEMICALS.
  (J) "MOTOR FUEL" MEANS ANY PETROLEUM PRODUCT, INCLUDING  ANY  GASOLINE
OR  DIESEL  MOTOR  FUEL, WHICH IS USED FOR THE PROPULSION OF MOTOR VEHI-
CLES.
  (K) "RETAILER" MEANS ANY PERSON WHO   OWNS, OPERATES,  OR  CONTROLS  A
RETAIL  OUTLET THAT IS SUBJECT TO THE REQUIREMENTS OF SUBDIVISION TWO OF
THIS SECTION.
  (L) "RETAIL OUTLET" MEANS A FACILITY, INCLUDING ALL LAND, IMPROVEMENTS
AND ASSOCIATED STRUCTURES AND EQUIPMENT, THAT DISPENSES MOTOR  FUEL  FOR
SALE TO THE GENERAL PUBLIC.

S. 2608--D                         42                         A. 3008--D

  2.  PREWIRING AND TRANSFER SWITCH. (A) RETAIL OUTLETS IN THE DOWNSTATE
REGION SHALL BE PREWIRED WITH AN APPROPRIATE TRANSFER SWITCH  FOR  USING
AN ALTERNATE GENERATED POWER SOURCE AT SUCH RETAIL OUTLETS AS FOLLOWS:
  (I)  EACH  RETAIL  OUTLET  IN  OPERATION ON THE EFFECTIVE DATE OF THIS
SECTION THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN
EXIT ROAD ON A CONTROLLED ACCESS HIGHWAY OR  FROM  AN  EVACUATION  ROUTE
SHALL BE PREWIRED BY NO LATER THAN APRIL FIRST, TWO THOUSAND FOURTEEN;
  (II)  EACH  RETAIL OUTLET BEGINNING OPERATION AFTER THE EFFECTIVE DATE
OF THIS SECTION AND BEFORE APRIL FIRST, TWO THOUSAND  FOURTEEN  THAT  IS
LOCATED  WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A
CONTROLLED ACCESS HIGHWAY OR FROM AN EVACUATION ROUTE SHALL BE  PREWIRED
BY NO LATER THAN APRIL FIRST, TWO THOUSAND FIFTEEN;
  (III)  EACH RETAIL OUTLET THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD
MEASUREMENT FROM AN EVACUATION ROUTE THAT IS DESIGNATED  AS  SUCH  AFTER
THE EFFECTIVE DATE OF THIS SECTION OR WITHIN ONE-HALF MILE BY ROAD MEAS-
UREMENT  FROM  AN EXIT ROAD THAT IS ESTABLISHED AFTER THE EFFECTIVE DATE
OF THIS SECTION SHALL BE PREWIRED WITHIN ONE YEAR OF SUCH DESIGNATION OR
ESTABLISHMENT PROVIDED THAT FUNDING IS AVAILABLE AT SUCH  TIME  FOR  THE
PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY OF SECTION EIGHTEEN HUNDRED
FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW; AND
  (IV)  THIRTY PERCENT OF ALL RETAIL OUTLETS THAT ARE PART OF A CHAIN OF
RETAIL OUTLETS, EXCLUSIVE OF THOSE INCLUDED IN SUBPARAGRAPHS  (I),  (II)
AND  (III)  OF THIS PARAGRAPH, SHALL BE PREWIRED BY NO LATER THAN AUGUST
FIRST, TWO THOUSAND FIFTEEN, PROVIDED, HOWEVER, IN THE CASE OF AN EXIST-
ING RETAIL OUTLET THAT BECOMES PART OF A CHAIN OF RETAIL  OUTLETS  AFTER
THE  EFFECTIVE  DATE OF THIS SECTION AND THAT HAS BEEN DESIGNATED BY THE
CHAIN AS AN OUTLET COMPRISING SUCH THIRTY  PERCENT,  BY  NO  LATER  THAN
AUGUST  FIRST,  TWO  THOUSAND FIFTEEN OR ONE YEAR AFTER BECOMING PART OF
SUCH CHAIN, WHICHEVER IS LATER, AND PROVIDED FURTHER, IN THE CASE  OF  A
RETAIL OUTLET THAT IS PART OF A CHAIN OF RETAIL OUTLETS, IS PART OF SUCH
THIRTY  PERCENT  AND  IS SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION AS
REQUIRED IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (B) EACH RETAIL OUTLET FOR WHICH A BUILDING PERMIT  IS  ISSUED  ON  OR
AFTER  APRIL  FIRST,  TWO  THOUSAND FOURTEEN FOR NEW CONSTRUCTION OR FOR
SUBSTANTIAL DEMOLITION AND RECONSTRUCTION, SHALL  BE  PREWIRED  WITH  AN
APPROPRIATE  TRANSFER  SWITCH  FOR  USING  AN  ALTERNATE GENERATED POWER
SOURCE.
  (C) SUCH TRANSFER SWITCH AND ALL ASSOCIATED ELECTRICAL WIRING SHALL BE
INSTALLED, OPERATED, AND MAINTAINED IN COMPLIANCE  WITH  ALL  APPLICABLE
PROVISIONS  OF  THE  NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
CODE OR ANY APPLICABLE LOCAL BUILDING CODE OR STANDARD. INSTALLATION  OF
APPROPRIATE  WIRING  AND  TRANSFER  SWITCHES  SHALL  BE  PERFORMED  BY A
LICENSED ELECTRICAL CONTRACTOR.
  (D) EACH RETAILER SHALL KEEP ON FILE AT THE RETAIL  OUTLET  A  WRITTEN
STATEMENT  IN A FORM APPROVED BY THE DEPARTMENT AND CONTAINING AN ATTES-
TATION BY A LICENSED ELECTRICIAN THAT THE  WIRING  AND  TRANSFER  SWITCH
WERE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS.  IN
ADDITION,  EACH  SUCH  RETAILER  SHALL  MAINTAIN THE WIRING AND TRANSFER
SWITCH IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS.
  (E) EACH RETAIL OUTLET IN OPERATION ON  THE  EFFECTIVE  DATE  OF  THIS
SECTION  THAT SOLD LESS THAN SEVENTY-FIVE THOUSAND GALLONS OF MOTOR FUEL
PER MONTH ON AVERAGE FOR THE PERIOD THEY WERE IN  OPERATION  DURING  THE
TWELVE  MONTHS  PRIOR  TO  THE  EFFECTIVE  DATE SHALL BE EXEMPT FROM THE
REQUIREMENTS OF THIS SUBDIVISION.
  3. EMERGENCY DEPLOYMENT. IN THE EVENT THAT A DECLARATION OF AN  ENERGY
OR FUEL SUPPLY EMERGENCY ISSUED BY THE GOVERNOR, THE COUNTY EXECUTIVE OF

S. 2608--D                         43                         A. 3008--D

A  COUNTY  IN  THE  DOWNSTATE REGION OR THE MAYOR OF A CITY WITH A POPU-
LATION IN EXCESS OF ONE MILLION INHABITANTS IS IN EFFECT, A RETAILER  OF
A  RETAIL  OUTLET WITHIN ANY SUCH COUNTY OR CITY FOR WHICH SUCH DECLARA-
TION  WAS  ISSUED  SHALL DEPLOY AND INSTALL AN ALTERNATE GENERATED POWER
SOURCE AS FOLLOWS:
  (A) FOR A RETAIL OUTLET SUBJECT TO THE REQUIREMENTS OF:  (I)  SUBPARA-
GRAPHS  (I),  (II)  OR (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
SECTION OR (II) PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION THAT IS
LOCATED IN THE DOWNSTATE REGION AND THAT IS LOCATED WITHIN ONE-HALF MILE
BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A CONTROLLED ACCESS HIGHWAY  OR
FROM  AN EVACUATION ROUTE, WITHIN TWENTY-FOUR HOURS OF SUCH DECLARATION,
IF SUCH OUTLET IS  WITHOUT  POWER  AT  THE  TIME  OF  SUCH  DECLARATION.
PROVIDED,  HOWEVER, IF ANY SUCH OUTLET LOSES POWER FOLLOWING SUCH DECLA-
RATION AND WHILE THE DECLARATION IS STILL IN EFFECT, THEN THE  ALTERNATE
GENERATED   POWER   SOURCE   SHALL  BE  DEPLOYED  AND  INSTALLED  WITHIN
TWENTY-FOUR HOURS OF SUCH LOSS OF POWER.
  (B) FOR A RETAIL OUTLET  PREWIRED  PURSUANT  TO  THE  REQUIREMENTS  OF
SUBPARAGRAPH  (IV)  OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION,
WITHIN FORTY-EIGHT HOURS OF SUCH DECLARATION, IF SUCH OUTLET IS  WITHOUT
POWER  AT  THE  TIME OF SUCH DECLARATION. PROVIDED, HOWEVER, IF ANY SUCH
OUTLET LOSES POWER FOLLOWING SUCH DECLARATION AND WHILE THE  DECLARATION
IS  STILL  IN EFFECT, THEN THE ALTERNATE GENERATED POWER SOURCE SHALL BE
DEPLOYED AND INSTALLED WITHIN FORTY-EIGHT HOURS OF THE LOSS OF POWER.
  3-A. DECLARATION OF ENERGY OR FUEL SUPPLY EMERGENCY.  UPON ISSUANCE OF
A DECLARATION OF AN ENERGY OR FUEL SUPPLY  EMERGENCY  PURSUANT  TO  THIS
SUBDIVISION,  A  COUNTY EXECUTIVE OF A COUNTY IN THE DOWNSTATE REGION OR
MAYOR OF A CITY WITH A POPULATION IN EXCESS OF ONE  MILLION  INHABITANTS
WHO  DECLARED  SUCH EMERGENCY SHALL PROMPTLY NOTIFY THE PRESIDENT OF THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY,  THE  COMMIS-
SIONER  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, AND IMPACTED RESI-
DENTS USING SUCH MEANS AS ARE PRACTICABLE AND EFFICIENT.
  4. PLAN FOR ALTERNATE GENERATED POWER SOURCE. EACH RETAILER SUBJECT TO
SUBDIVISION THREE OF THIS SECTION SHALL BY THE DATE OF THE  INSTALLATION
OF  THE  PREWIRING AND TRANSFER SWITCH REQUIRED UNDER SUBDIVISION TWO OF
THIS SECTION HAVE IN PLACE AT EACH APPLICABLE RETAIL  OUTLET  DOCUMENTA-
TION IN A FORM APPROVED BY THE DEPARTMENT DEMONSTRATING A PLAN TO DEPLOY
AND  INSTALL  AN ALTERNATE GENERATED POWER SOURCE LOCATED AT SUCH RETAIL
OUTLET AS REQUIRED UNDER SUBDIVISION THREE OF THIS  SECTION.  SUCH  PLAN
SHALL TAKE ONE OF THE FOLLOWING FORMS:
  (A)  A  RECEIPT OR OTHER DOCUMENTATION SHOWING OWNERSHIP OF SUCH POWER
SOURCE;
  (B) FOR A RETAILER SUBJECT TO PARAGRAPH (A) OF  SUBDIVISION  THREE  OF
THIS  SECTION,  DOCUMENTATION  ATTESTING TO PARTICIPATION IN THE PROGRAM
ESTABLISHED UNDER SUBDIVISION TWENTY-ONE  OF  SECTION  EIGHTEEN  HUNDRED
FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW; OR
  (C)  A  CONTRACT  WITH  A  SUPPLIER OF SUCH POWER SOURCE PROVIDING FOR
DEPLOYMENT AND INSTALLATION OF SUCH POWER SOURCE IN COMPLIANCE WITH  THE
REQUIREMENTS  OF  THIS SECTION, OR OTHER DOCUMENTATION DEMONSTRATING THE
RETAILER'S ABILITY TO COMPLY WITH  THE  REQUIREMENTS  OF  THIS  SECTION,
WHICH  MAY  INCLUDE  THE GENERATOR DEPLOYMENT AND INSTALLATION PLAN OF A
CHAIN OF RETAIL OUTLETS.
  5. INSPECTION;  RECORDKEEPING;  REPORTING.  THE  COMMISSIONER  OR  THE
COMMISSIONER'S  DESIGNEE  SHALL  BE  AUTHORIZED  TO ENTER DURING REGULAR
BUSINESS HOURS UPON A RETAIL  OUTLET  SUBJECT  TO  THE  REQUIREMENTS  OF
SUBDIVISION  TWO  OF THIS SECTION FOR THE PURPOSE OF DETERMINING COMPLI-
ANCE WITH THE PROVISIONS OF THIS SECTION AND ANY  RULES  OR  REGULATIONS

S. 2608--D                         44                         A. 3008--D

PROMULGATED  HEREUNDER.  ALL DOCUMENTS REQUIRED PURSUANT TO SUBDIVISIONS
TWO AND FOUR OF THIS SECTION  SHALL  BE  MAINTAINED  AT  THE  APPLICABLE
RETAIL  OUTLET AND MADE AVAILABLE TO THE COMMISSIONER OR THE COMMISSION-
ER'S  DESIGNEE  UPON  REQUEST.  IN  ADDITION,  EACH RETAILER OF A RETAIL
OUTLET, EXCEPT FOR RETAIL OUTLETS GRANTED EXEMPTIONS UNDER PARAGRAPH (E)
OF SUBDIVISION TWO OF THIS SECTION, SHALL PROVIDE TO THE  DEPARTMENT  BY
APRIL  FIRST, TWO THOUSAND FOURTEEN AND EVERY TWO YEARS THEREAFTER WRIT-
TEN DOCUMENTATION IN A FORM APPROVED BY THE DEPARTMENT  CERTIFYING  THAT
SUCH  RETAIL  OUTLET  IS  IN  COMPLIANCE  WITH  THE REQUIREMENTS OF THIS
SECTION, AND ANY OTHER REQUIREMENT SPECIFIED BY ANY RULES OR REGULATIONS
PROMULGATED HEREUNDER; PROVIDED, HOWEVER, THAT, FOR EACH  RETAIL  OUTLET
THAT  IS PART OF A CHAIN OF RETAIL OUTLETS OR TO WHICH SUBPARAGRAPH (II)
OR (III) OF PARAGRAPH (A) OR PARAGRAPH (B) OF SUBDIVISION  TWO  APPLIES,
SUCH  WRITTEN  DOCUMENTATION  SHALL BE PROVIDED TO THE DEPARTMENT WITHIN
TEN DAYS AFTER THE DATE OF INSTALLATION OF THE  PREWIRING  AND  TRANSFER
SWITCH  REQUIRED  TO  BE INSTALLED UNDER SUBDIVISION TWO OF THIS SECTION
AND EVERY TWO YEARS THEREAFTER.
  6. RULES AND REGULATIONS; NOTIFICATION OF APPLICABILITY.  THE  COMMIS-
SIONER SHALL HAVE THE AUTHORITY, WITH THE ASSISTANCE OF THE COMMISSIONER
OF  TRANSPORTATION,  THE COMMISSIONER OF HOMELAND SECURITY AND EMERGENCY
SERVICES, THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
OPMENT AUTHORITY, THE SECRETARY OF STATE AND THE  CHAIR  OF  THE  PUBLIC
SERVICE  COMMISSION,  TO  PROMULGATE  SUCH  RULES AND REGULATIONS AS THE
COMMISSIONER SHALL DEEM NECESSARY TO EFFECTUATE  THE  PURPOSES  OF  THIS
SECTION.  THE  COMMISSIONER  SHALL BY JUNE FIRST, TWO THOUSAND THIRTEEN:
(A) NOTIFY BY FIRST CLASS MAIL ALL EXISTING RETAIL OUTLETS  THAT  APPEAR
TO MEET THE CRITERIA SPECIFIED IN SUBDIVISION TWO OF THIS SECTION OF THE
REQUIREMENTS  OF  THIS  SECTION  AND  INCLUDE WITH SUCH NOTIFICATION ANY
OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER, INCLUDING INFOR-
MATION REGARDING APPLICABILITY CRITERIA, COMPLIANCE MEASURES AND  POTEN-
TIAL  GRANT ASSISTANCE; (B) PROVIDE A LIST OF ALL SUCH RETAIL OUTLETS TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF
THE  ASSEMBLY;  AND  (C) POST SUCH LIST ON THE DEPARTMENT'S WEBSITE.  IF
APPROVAL OF FEDERAL MITIGATION FUNDS OR OTHER APPROVED RESOURCES FOR THE
PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY OF SECTION EIGHTEEN HUNDRED
FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW OCCURS AFTER  JUNE  FIRST,  TWO
THOUSAND  THIRTEEN,  THE COMMISSIONER SHALL PROVIDE ADDITIONAL NOTIFICA-
TION OF SUCH APPROVAL WITHIN THIRTY DAYS.   ANY  RETAILER  OF  A  RETAIL
OUTLET  SPECIFIED  ON  SUCH LIST SHALL BE SUBJECT TO THE REQUIREMENTS OF
THIS SECTION UNLESS HE OR SHE  PROVIDES  WRITTEN  DOCUMENTATION  TO  THE
DEPARTMENT  BY  AUGUST  FIRST,  TWO  THOUSAND THIRTEEN PROVING THAT SUCH
OUTLET DOES NOT QUALIFY, OR IS ELIGIBLE FOR  AN  EXEMPTION  PURSUANT  TO
PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION. THE COMMISSIONER SHALL
UPDATE  SUCH  LIST EVERY FIVE YEARS THEREAFTER AND NOTIFY ALL NEW RETAIL
OUTLETS THAT  BECOME  SUBJECT  TO  THE  REQUIREMENTS  OF  THIS  SECTION;
PROVIDED, HOWEVER, THAT COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION
IS NOT CONDITIONED ON SUCH NOTIFICATION.
  7.  VIOLATIONS  AND PENALTIES. ANY RETAILER WHO VIOLATES ANY PROVISION
OF THIS SECTION, OR ANY RULE OR REGULATION PROMULGATED HEREUNDER,  SHALL
BE  LIABLE  TO  THE PEOPLE OF THE STATE FOR A CIVIL PENALTY OF UP TO ONE
THOUSAND FIVE HUNDRED DOLLARS PER DAY FOR EVERY SUCH  VIOLATION,  TO  BE
ASSESSED BY THE COMMISSIONER, AFTER A HEARING OR OPPORTUNITY TO BE HEARD
UPON  DUE  NOTICE  AND  WITH THE RIGHT TO REPRESENTATION BY COUNSEL.  IN
DETERMINING THE AMOUNT OF CIVIL PENALTY,  THE  COMMISSIONER  SHALL  TAKE
INTO CONSIDERATION MITIGATING FACTORS, SUCH AS THE AVAILABILITY OF GASO-
LINE  AT  THE  RETAIL  OUTLET, PROVIDED THAT THE RETAILER DID NOT REFUSE

S. 2608--D                         45                         A. 3008--D

SUCH DELIVERY, AND THE EXTENT TO WHICH THE RETAILER'S ACTION OR INACTION
CONTRIBUTED TO THE VIOLATION.   SUCH PENALTY  MAY  BE  RECOVERED  IN  AN
ACTION BROUGHT BY THE ATTORNEY GENERAL AT THE REQUEST AND IN THE NAME OF
THE  COMMISSIONER  IN  ANY  COURT  OF COMPETENT JURISDICTION. SUCH CIVIL
PENALTY MAY BE RELEASED OR COMPROMISED BY THE  COMMISSIONER  BEFORE  THE
MATTER  HAS  BEEN  REFERRED TO THE ATTORNEY GENERAL. ADDITIONALLY, AFTER
SUCH  HEARING  AND  A  FINDING  THAT  SUCH  RETAILER  HAS  VIOLATED  THE
PROVISIONS  OF  THIS  SECTION,  OR OF ANY RULE OR REGULATION PROMULGATED
THEREUNDER, THE COMMISSIONER MAY ISSUE AND CAUSE TO BE SERVED UPON  SUCH
PERSON AN ORDER ENJOINING SUCH PERSON FROM VIOLATING SUCH PROVISIONS AND
TAKING  ALL  NECESSARY  ACTIONS  FOR SUCH PERSON TO COME INTO COMPLIANCE
WITH SUCH PROVISIONS.   ANY  SUCH  ORDER  OF  THE  COMMISSIONER  MAY  BE
ENFORCED IN AN ACTION BROUGHT BY THE ATTORNEY GENERAL AT THE REQUEST AND
IN THE NAME OF THE COMMISSIONER IN ANY COURT OF COMPETENT JURISDICTION.
  NOTWITHSTANDING THE FOREGOING, SUCH RETAILER SHALL NOT BE IN VIOLATION
OF  SUBDIVISION  THREE OF THIS SECTION IF HE OR SHE IS UNABLE TO DEPLOY,
INSTALL OR OPERATE AN ALTERNATE GENERATED POWER SOURCE BECAUSE OF UNCON-
TROLLABLE CIRCUMSTANCES, INCLUDING  BUT  NOT  LIMITED  TO,  RESTRICTIONS
IMPOSED  BY  PUBLIC SAFETY OFFICERS TO ADDRESS AN EMERGENCY SITUATION OR
THAT SUCH RETAIL STATION IS MADE UNSAFE OR UNABLE TO OPERATE DUE TO ACTS
OF GOD, FIRES, FLOODS, EXPLOSIONS OR THE SAFETY OF PERSONNEL  NEEDED  TO
OPERATE SUCH RETAIL OUTLET.  ADDITIONALLY, SUCH RETAILER SHALL NOT BE IN
VIOLATION OF SUBDIVISION THREE OF THIS SECTION IF HE OR SHE IS A PARTIC-
IPANT IN THE PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY-ONE OF SECTION
EIGHTEEN  HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW AND A GENERA-
TOR IS NOT PROVIDED TO THE RETAILER DUE TO  THE  PRIORITIZATION  ALLOWED
UNDER SUCH SUBDIVISION OR THROUGH NO FAULT OF THE RETAILER.
  8.  THIS  SECTION  SHALL  NOT  BE CONSTRUED TO REQUIRE ANY RETAILER TO
MAINTAIN SET BUSINESS HOURS IN THE EVENT OF AN  ENERGY  OR  FUEL  SUPPLY
EMERGENCY.
  9.  THE  PROVISIONS  OF THIS SECTION SHALL SUPERSEDE ALL LOCAL LAWS OR
ORDINANCES IN THE DOWNSTATE REGION  RELATING  TO  THE  INSTALLATION  AND
DEPLOYMENT  OF  AN ALTERNATE GENERATED POWER SOURCE OR ANY RELATED ELEC-
TRICAL OR OTHER EQUIPMENT AT ANY RETAIL OUTLET.
  10. THE REQUIREMENTS OF  THIS  SECTION  SHALL  BE  CONTINGENT  ON  THE
APPROVAL OF FEDERAL MITIGATION FUNDS OR OTHER APPROVED RESOURCES FOR THE
PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY OF SECTION EIGHTEEN HUNDRED
FIFTY-FOUR  OF  THE  PUBLIC AUTHORITIES LAW.  IN THE EVENT SUCH APPROVAL
DOES NOT OCCUR AS OF JUNE FIRST, TWO THOUSAND  THIRTEEN,  ALL  DEADLINES
WITH  A  DATE  OF APRIL FIRST, TWO THOUSAND FOURTEEN SHALL BE DELAYED BY
THE AMOUNT OF TIME SUCH APPROVAL IS DELAYED PAST JUNE FIRST,  TWO  THOU-
SAND THIRTEEN.
  S  3.  Section 1854 of the public authorities law is amended by adding
two new subdivisions 20 and 21 to read as follows:
  20. TO ADMINISTER A PROGRAM, USING FUNDS PROVIDED FOR SUCH PURPOSE, TO
PROVIDE A GRANT BASED ON STANDARDS AND  GUIDELINES  ESTABLISHED  BY  THE
AUTHORITY FOR COSTS AS FOLLOWS:
  (A)  FOR  EACH  RETAIL OUTLET THAT IS IN OPERATION BEFORE APRIL FIRST,
TWO THOUSAND FOURTEEN AND IS SUBJECT TO THE  REQUIREMENTS  OF  PARAGRAPH
(A)  OF  SUBDIVISION  THREE  OF  SECTION ONE HUNDRED NINETY-TWO-H OF THE
AGRICULTURE AND MARKETS LAW:
  (I) NO GREATER THAN TEN THOUSAND  DOLLARS  REQUIRED  TO  PREWIRE  SUCH
RETAIL OUTLET WITH AN APPROPRIATE TRANSFER SWITCH FOR USING AN ALTERNATE
GENERATED POWER SOURCE AS DEFINED IN SECTION ONE HUNDRED NINETY-TWO-H OF
THE AGRICULTURE AND MARKETS LAW; OR

S. 2608--D                         46                         A. 3008--D

  (II)  NO  GREATER  THAN  THIRTEEN THOUSAND DOLLARS REQUIRED TO PREWIRE
SUCH RETAIL OUTLET WITH AN APPROPRIATE  TRANSFER  SWITCH  FOR  USING  AN
ALTERNATE GENERATED POWER SOURCE AS DEFINED IN SECTION ONE HUNDRED NINE-
TY-TWO-H  OF  THE  AGRICULTURE  AND  MARKETS LAW AND PURCHASE SUCH POWER
SOURCE TO BE PERMANENTLY AFFIXED AT THE SITE.
  (B)  FOR  EACH  RETAIL OUTLET THAT IS IN OPERATION BEFORE APRIL FIRST,
TWO THOUSAND FOURTEEN AND IS SUBJECT TO THE  REQUIREMENTS  OF  PARAGRAPH
(B)  OF  SUBDIVISION  THREE  OF  SECTION ONE HUNDRED NINETY-TWO-H OF THE
AGRICULTURE AND MARKETS  LAW,  NO  GREATER  THAN  TEN  THOUSAND  DOLLARS
REQUIRED  TO:  (I) PREWIRE AN EXISTING RETAIL OUTLET WITH AN APPROPRIATE
TRANSFER SWITCH FOR USING AN ALTERNATE GENERATED POWER SOURCE AS DEFINED
IN SECTION ONE HUNDRED NINETY-TWO-H OF THE AGRICULTURE AND MARKETS  LAW;
AND/OR  (II) PURCHASE SUCH POWER SOURCE TO BE PERMANENTLY AFFIXED AT THE
SITE.
  (C) TO THE EXTENT FUNDS ARE AVAILABLE, FOR RETAIL OUTLETS THAT  BECOME
OPERATIONAL  ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, OR TO WHICH
SUBDIVISION TWO OF SECTION ONE HUNDRED NINETY-TWO-H OF  THE  AGRICULTURE
AND  MARKETS  LAW  BECOMES  APPLICABLE  AFTER THE EFFECTIVE DATE OF THIS
SUBDIVISION, WHICH  GRANTS  SHALL  OTHERWISE  BE  SUBJECT  TO  THE  SAME
AMOUNTS,  PURPOSES  AND  RESTRICTIONS  AS PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION.
  THE AUTHORITY MAY OFFER ANY FUNDS PROVIDED FOR SUCH  PURPOSE  AND  NOT
EXPENDED  TO  RETAIL  OUTLETS  THAT  ARE NOT REQUIRED TO COMPLY WITH THE
REQUIREMENTS OF SUBDIVISION TWO OF SECTION ONE HUNDRED  NINETY-TWO-H  OF
THE  AGRICULTURE  AND  MARKETS  LAW BUT THAT SEEK TO PARTICIPATE IN SUCH
PROGRAM.
  21. TO ADMINISTER A PROGRAM TO ESTABLISH  A  POOL  OF  GENERATORS  FOR
RETAIL  OUTLETS  AS  DEFINED  IN SECTION ONE HUNDRED NINETY-TWO-H OF THE
AGRICULTURE AND MARKETS LAW. THE AUTHORITY MAY ENTER INTO OR  FACILITATE
CONTRACTS,  LEASE  AGREEMENTS  AND  ANY OTHER INSTRUMENTS SUBJECT TO THE
PROVISIONS OF LAW, WITH COMPANIES  PROVIDING  GENERATORS  AND  GENERATOR
SERVICES TO PROVIDE FOR SUCH POOL AND THE DEPLOYMENT AND INSTALLATION OF
GENERATORS  IN THE POOL. RETAIL OUTLETS THAT ELECT TO PARTICIPATE IN THE
PROGRAM AND ARE SUBJECT TO THE REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVI-
SION THREE OF SECTION ONE HUNDRED NINETY-TWO-H OF  THE  AGRICULTURE  AND
MARKETS  LAW  SHALL BE REQUIRED ONLY TO PAY THE ACTUAL COST OF GENERATOR
RENTAL, DEPLOYMENT AND INSTALLATION IN THE EVENT THAT EMERGENCY  DEPLOY-
MENT  IS  REQUIRED, PROVIDED, THAT A PARTICIPANT MUST ABIDE BY THE TERMS
OF ANY CONTRACT OR WRITTEN AGREEMENT COVERING THE RENTAL, DEPLOYMENT AND
INSTALLATION OF SUCH GENERATOR.   IN  THE  EVENT  THAT  AN  INSUFFICIENT
NUMBER OF GENERATORS IS AVAILABLE TO MEET REQUIRED EMERGENCY DEPLOYMENT,
THE AUTHORITY IN CONSULTATION WITH THE COMMISSIONER OF HOMELAND SECURITY
AND  EMERGENCY SERVICES SHALL PRIORITIZE SUCH RETAIL OUTLETS AS ARE MOST
ESSENTIAL TO PUBLIC SAFETY AND WELL-BEING  DURING  THE  ENERGY  OR  FUEL
SUPPLY  EMERGENCY.  WHEN  GENERATORS FROM SUCH PROGRAM ARE DEPLOYED, THE
AUTHORITY SHALL PROVIDE PUBLIC NOTICE ON ITS WEBSITE, TO THE  MEDIA  AND
THROUGH OTHER MEANS PRACTICABLE OF THOSE RETAIL OUTLETS WHERE GENERATORS
ARE DEPLOYED.
  S  4.  The  New  York  state energy research and development authority
shall conduct a study evaluating the  efficacy  of  potential  alternate
generated  power  source  provisions at retail gasoline outlets that are
located outside of the downstate region as defined in section  192-h  of
the agriculture and markets law.  In conducting such study, the authori-
ty shall solicit public input and consult with residents of such region,
local  elected  officials,  emergency preparedness and response experts,
retail gasoline outlet owners and operators, members of  other  affected

S. 2608--D                         47                         A. 3008--D

industries,  experts in the field of energy, and other stakeholders. The
study shall consider factors including the risk of energy or fuel supply
emergency, potential costs and benefits  of  alternate  generated  power
source  provisions  at  retail  gasoline  outlets,  other impediments to
routine operations that may exist at the retail level due  to  the  fuel
supply  chain,  and  the  locations of critical infrastructure and other
strategic assets. The authority shall by  December  15,  2013,  issue  a
report  providing  its findings and recommendations associated with such
study to the governor, the temporary president of  the  senate  and  the
speaker of the assembly.
  S 5. This act shall take effect immediately.

                                 PART T

  Section 1.  The New York state energy research and development author-
ity, in consultation with the department of public service and the divi-
sion  of  homeland security and emergency services, shall develop recom-
mendations regarding the establishment of microgrids in the state of New
York. For purposes of this act, the term "microgrid" shall mean a  group
of  interconnected loads and distributed energy resources within clearly
defined electrical boundaries that acts as a single controllable  entity
with respect to the grid and can connect and disconnect from the grid to
enable  it  to  operate  in both grid-connected or island-mode.  Specif-
ically, the authority shall develop recommendations which  include,  but
are not limited to, the following:
  (a)  Whether  hospitals,  first responder headquarters, such as police
and fire stations, emergency shelters, schools, water filtration plants,
sewage treatment plants, municipalities, commercial entities, and  other
locations in the state of New York may desire to collaborate on success-
ful microgrids;
  (b) The geographic areas in the state of New York where the establish-
ment  of  such  microgrids should be a priority, based upon severe storm
damage during the two years prior to the effective date of this act;
  (c) the regulatory structure under which microgrid systems would oper-
ate;
  (d) how the operation of microgrids would  conform  with  the  current
requirements  of utilities to provide safe and adequate service to rate-
payers;
  (e) the type of microgrid projects that may be implemented, including,
but not limited to, distributed generation, combined heat and power;  or
utilizing renewable technologies such as fuel cells, wind, solar, energy
storage, or other energy systems;
  (f)  the  technical  and  regulatory aspect of how a microgrid will be
interconnected to the power grid;
  (g) the adequacy of a microgrid system to operate in  emergency  situ-
ations  and  that proper protections are in place to ensure operation in
the event of an emergency situation; and
  (h) funding mechanisms that should be considered in order to  pay  for
the establishment, operation and maintenance of such microgrids, includ-
ing  a  cost  benefit analysis for the development and implementation of
microgrids.
  S 2. The authority shall submit a final report of  recommendations  to
the  governor,  the temporary president of the senate and the speaker of
the assembly within one year after the effective date of this act.
  S 3. This act shall take effect immediately.

S. 2608--D                         48                         A. 3008--D

                                 PART U

  Section  1.  Subdivisions  3  and 5 of section 19-0323 of the environ-
mental conservation law, subdivision 3 as amended by section 1  of  part
EE  of  chapter  58  of  the  laws of 2012 and subdivision 5 as added by
section 1 of part C of chapter 59 of the laws of 2010,  are  amended  to
read as follows:
  3. Any diesel powered heavy duty vehicle that is owned by, operated by
or  on  behalf  of,  or  leased by a state agency and state and regional
public authority with more than half of its governing body appointed  by
the  governor  shall  utilize the best available retrofit technology for
reducing the emission of pollutants. The commissioner  shall  promulgate
regulations  for  the implementation of this subdivision specifying that
all vehicles covered by  this  subdivision  shall  have  best  available
retrofit technology on or before December 31, [2013] 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.
  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] FOURTEEN.   Any waiver issued pursuant to this
subdivision shall expire when a state agency, a state or regional public
authority, or a person operating any diesel-powered heavy  duty  vehicle
on  behalf  of a state agency, state or regional public authority ceases
to use the engine in the state but not later than December thirty-first,
two thousand [thirteen] FOURTEEN.
  S 2. This act shall take effect immediately.

                                 PART V

  Section 1.  Paragraph (f) of subdivision 2  of  section  14-l  of  the
transportation  law,  as  added by section 2 of part H of chapter 413 of
the laws of 1999, is amended to read as follows:
  (f) No grant or loan to any eligible applicant shall exceed the sum of
[three hundred thousand] ONE MILLION dollars, and no part  of  any  such
grant  or  loan  shall  be  used  for salaries or for services regularly
provided by the applicant for administrative costs  in  connection  with
such grant or loan.
  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. 2608--D                         49                         A. 3008--D

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