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

    S. 2008                                                  A. 3008

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

                            January 21, 2015
                               ___________

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

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

AN  ACT  to 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 ther-
  eof;  and  to amend chapter 84 of the laws of 2002, amending the state
  finance law relating to the costs of the department of motor vehicles,
  in relation to permanently authorizing payment of department of  motor
  vehicle  costs  from the dedicated highway and bridge trust fund (Part
  A); to amend the infrastructure investment act, in relation to expand-
  ing the definition of  authorized  state  entity  and  increasing  the
  threshold  amounts for projects utilizing design-build contracts (Part
  B); to amend the transportation law, in relation  to  fees  for  motor
  carriers; and to repeal certain provisions of such law relating there-
  to  (Part  C);  to  amend chapter 413 of the laws of 1999, relating to
  providing for mass transportation payments, in relation  to  including
  Ontario   county  to  the  Rochester-Genesee  Regional  Transportation
  District (Part D); to amend the state  finance  law,  in  relation  to
  creating  a  transit assistance for capital investments fund (Part E);
  authorizing the department of transportation to  defer  reductions  in
  service  payments for two years (Part F); to amend the public authori-
  ties law, the highway law, and the public officers law, in relation to
  authorizing shared  services  agreements  between  the  department  of
  transportation  and  the New York state thruway authority (Part G); to
  amend the vehicle and traffic law, in relation to  overweight  permits
  (Part H); to amend the vehicle and traffic law, the criminal procedure
  law and the transportation law, in relation to the issuance of commer-
  cial learner's permits and the disqualification of commercial driver's
  licenses  and  commercial  learner's permits (Part I); to amend public
  authorities law, in relation to decreasing  state  responsibility  for
  certain  costs  incurred by the New York state thruway authority (Part
  J);  to  amend  the  public  authorities  law,  in  relation  to  toll

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

                      [ ] is old law to be omitted.
                                                           LBD12573-01-5

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  collection  regulations; to amend the public officers law, in relation
  to electronic toll collection data; to amend the vehicle  and  traffic
  law,  in  relation  to liability of vehicle owners for toll collection
  violations;  and to amend chapter 774 of the laws of 1950, relating to
  agreeing with the state of New Jersey with respect to rules and  regu-
  lations  governing traffic on vehicular crossings operated by the port
  of New York authority, in relation to tolls and  other  charges  (Part
  K);  to  amend the public authorities law, in relation to procurements
  by the New York city transit authority and the metropolitan  transpor-
  tation  authority (Part L); to amend the New York state urban develop-
  ment corporation act, in  relation  to  extending  certain  provisions
  relating  to  the  empire state economic development fund (Part M); 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 N); 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 O); to authorize the ener-
  gy  research  and  development  authority  to finance a portion of its
  research,  development  and  demonstration  and  policy  and  planning
  programs,  and  to  finance  the department of environmental conserva-
  tion's climate change program, from an assessment on gas and  electric
  corporations  (Part  P);  to  amend  the executive law, in relation to
  extending certain provisions relating to the minority- and women-owned
  business enterprise disparity study; and to amend chapter 261  of  the
  laws of 1988 amending the state finance law and other laws relating to
  the  New York infrastructure trust fund, in relation to the effective-
  ness of article 15-A of the executive law (Part Q); to  authorize  the
  department  of  health  to  finance  certain  activities with revenues
  generated from an assessment on cable television companies  (Part  R);
  to  amend  chapter 58 of the laws of 2012 amending the public authori-
  ties 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 S); 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  T);  to amend the real property law, in relation to eliminating
  certain fees charged for an apartment information vendor license (Part
  U); to amend the agriculture and markets law, in relation to eliminat-
  ing certain license fees (Part V); to amend part B of chapter  173  of
  the laws of 2013 relating to the issuance of securitized restructuring
  bonds  to  refinance  the  outstanding  debt  of the Long Island power
  authority, in relation to the issuance  of  securitized  restructuring
  bonds to refinance outstanding debt of the Long Island power authority
  (Part  W);  to  amend the navigation law and the state finance law, in
  relation to license fees and surcharges for the transfer of  petroleum
  between  vessels,  between facilities and vessels, and between facili-
  ties, whether onshore or offshore (Part X); to amend the environmental
  conservation law, in relation to operating permit program fees,  state
  air  quality  control  fees  and state pollutant discharge elimination
  system program fees (Part Y); to amend the environmental  conservation
  law,  in  relation  to eliminating the registration fee for water well
  driller certification (Part Z); to amend the state finance law and the

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  environmental conservation law, in relation to establishing a  habitat
  conservation  and  access account; and to repeal certain provisions of
  the state finance law relating thereto (Part AA);  and  to  amend  the
  local  finance  law,  in relation to establishing a ten year period of
  probable usefulness for municipally owned omnibus or  surface  transit
  motor vehicles (Part BB)

  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 2015-2016
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through BB. 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.    Section 13 of part U1 of chapter 62 of the laws of 2003
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section  1  of
part C of chapter 57 of the laws of 2014, 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 April 1,
2015;] provided [further,] however, that the amendments to subdivision 3
of section 205 of the tax law made by section eight of  this  act  shall
expire  and  be  deemed  repealed  on  March 31, 2018; provided further,
however, that the provisions of section eleven of this  act  shall  take
effect  April  1, 2004 [and shall expire and be deemed repealed on April
1, 2015].
  S 2.  Section 2 of part B of chapter 84 of the laws of 2002,  amending
the  state  finance law relating to the costs of the department of motor
vehicles, as amended by section 2 of part C of chapter 57 of the laws of
2014, is amended to read as follows:
  S 2. This act shall take effect April 1, 2002; provided,  however,  if
this  act  shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2002[; provided further, however,  that  this  act  shall
expire and be deemed repealed on April 1, 2015].
  S 3. This act shall take effect immediately.

                                 PART B

  Section  1.  Paragraph  (e) of subdivision 6 of section 2 of part F of
chapter 56 of the laws of 2011, constituting the infrastructure  invest-
ment act, is amended to read as follows:

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  (e) assist the use of the most efficient and effective procurement and
project  management  for  infrastructure projects in the transportation,
energy, environment, public facilities,  PUBLIC  BUILDING  and  economic
development sectors.
  S 2. Paragraph (a) of section 3 of part F of chapter 56 of the laws of
2011, constituting the infrastructure investment act, 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] ANY STATE AGENCY AS SUCH
TERM IS DEFINED IN SECTION 160 OF  THE  STATE  FINANCE  LAW,  ANY  STATE
AUTHORITY AS SUCH TERM IS DEFINED IN SECTION 2 OF THE PUBLIC AUTHORITIES
LAW,  THE CITY UNIVERSITY OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK,
AND ANY AND ALL AFFILIATES OR SUBSIDIARIES OF SUCH ENTITIES.
  S 3. Section 4 of part F of chapter 56 of the laws of 2011, constitut-
ing the infrastructure investment act, 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] SECTIONS 359, 1678,
1680 AND 1680-A of the public authorities law, [section] SECTIONS 407-A,
6281 AND 7210 of the education law, SECTIONS  8  AND  9  OF  THE  PUBLIC
BUILDINGS LAW, SECTION 11 OF CHAPTER 795 OF THE LAWS OF 1967, SECTIONS 8
AND  9  OF  SECTION  1  OF  CHAPTER  359 OF THE LAWS OF 1968 AS AMENDED,
SECTION 29 OF CHAPTER 337 OF THE LAWS OF 1972, SECTION 21 OF CHAPTER 464
OF THE LAWS OF 1972, and the provisions of any other law to the  contra-
ry,  and  in conformity with the requirements of this act, an authorized
state entity may utilize the alternative delivery method referred to  as
design-build contracts for capital projects related to the state's phys-
ical  infrastructure,  including,  but not limited to, the state's high-
ways, bridges, BUILDINGS, 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, BUILDINGS, dams, flood control
projects, canals, and parks or to improve or add to  the  state's  high-
ways,  bridges,  BUILDINGS,  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 preserva-
tion, or the department of environmental  conservation]  ANY  AUTHORIZED
STATE AGENCY, the total cost of each such project shall not be less than
[one  million  two  hundred  thousand dollars ($1,200,000)] FIVE MILLION
DOLLARS ($5,000,000).
  S 4. Section 8 of part F of chapter 56 of the laws of 2011, constitut-
ing the infrastructure investment act, is amended to read as follows:
  S 8. If otherwise  applicable,  capital  projects  undertaken  by  the
authorized state entity pursuant to this act shall be subject to section
135 of the state finance law and section 222 of the labor law; PROVIDED,
HOWEVER, THAT AN AUTHORIZED STATE ENTITY THAT REQUIRES THE CONTRACTOR TO
PREPARE  SEPARATE  SPECIFICATIONS  IN ACCORDANCE WITH SECTION 135 OF THE
STATE FINANCE LAW SHALL BE DEEMED TO BE IN COMPLIANCE WITH PROVISIONS OF
SUCH LAW. FOR ALL CAPITAL PROJECTS USING A  DESIGN-BUILD  CONTRACT  THAT
ARE  ESTIMATED  TO COST IN EXCESS OF $50 MILLION, A PROJECT LABOR AGREE-
MENT, AS DEFINED IN SECTION 222 OF THE LABOR LAW, SHALL BE  INCLUDED  IN
THE  REQUEST  FOR PROPOSALS FOR THE CAPITAL PROJECT UNLESS, BASED UPON A
FEASIBILITY STUDY EXAMINING THE POTENTIAL COST SAVING  AND  EFFICIENCIES
OF  A PROJECT LABOR AGREEMENT, THE AUTHORIZED STATE ENTITY CANNOT DETER-

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MINE THAT A PROJECT LABOR AGREEMENT WOULD RESULT IN LABOR  COST  SAVINGS
OF  AT  LEAST  FIVE  PERCENT AND THAT ITS INTEREST IN OBTAINING THE BEST
WORK AT THE LOWEST POSSIBLE  PRICE,  PREVENTING  FAVORITISM,  FRAUD  AND
CORRUPTION,  AND  OTHER  CONSIDERATIONS SUCH AS THE IMPACT OF DELAY, THE
POSSIBILITY OF COST SAVINGS ADVANTAGES, AND ANY HISTORY OF LABOR UNREST,
ARE BEST MET BY REQUIRING A PROJECT LABOR AGREEMENT.
  S 5. Section 17 of part F of chapter 56 of the laws of  2011,  consti-
tuting the infrastructure investment act, is amended to read as follows:
  S 17.  ANY CONTRACT AWARDED PURSUANT TO THIS ACT SHALL BE DEEMED TO BE
AWARDED  PURSUANT  TO  A  COMPETITIVE PROCUREMENT FOR PURPOSES OF PUBLIC
AUTHORITIES LAW SECTION 2879-A.
  S 18. This act shall take effect immediately [and shall expire and  be
deemed  repealed  3  years after such date, provided that, projects with
requests for qualifications issued prior to such repeal shall be permit-
ted to continue under this act notwithstanding such repeal].
  S 6. Notwithstanding the  provisions  of  article  5  of  the  general
construction  law, the provisions of part F of chapter 56 of the laws of
2011, as amended by sections one, two, three, four and five of this act,
are hereby revived and shall continue in full force and effect  as  such
provisions existed on December 8, 2014.
  S 7. This act shall take effect immediately.

                                 PART C

  Section 1. Section 144 of the transportation law is REPEALED and a new
section 144 is added to read as follows:
  S 144. FEES AND CHARGES. THE COMMISSIONER OR THE COMMISSIONER'S DESIG-
NEE SHALL CHARGE AND COLLECT THE FOLLOWING FEES:
  1.  ONE  HUNDRED  DOLLARS  FOR  THE INSPECTION OR RE-INSPECTION OF ALL
MOTOR VEHICLES  TRANSPORTING  PASSENGERS  SUBJECT  TO  THE  DEPARTMENT'S
INSPECTION  REQUIREMENTS  PURSUANT  TO SECTION ONE HUNDRED FORTY OF THIS
ARTICLE AND THE COMMISSIONER'S REGULATIONS, EXCEPT SUCH  MOTOR  VEHICLES
OPERATED  UNDER  CONTRACT  WITH A MUNICIPALITY TO PROVIDE STATEWIDE MASS
TRANSPORTATION OPERATING ASSISTANCE ELIGIBLE SERVICE OR  MOTOR  VEHICLES
USED  PRIMARILY  TO  TRANSPORT PASSENGERS PURSUANT TO SUBPARAGRAPHS (I),
(III) AND (V) OF PARAGRAPH A OF SUBDIVISION TWO OF SECTION  ONE  HUNDRED
FORTY  OF THIS ARTICLE. THE DEPARTMENT MAY DENY FUTURE INSPECTION OF ANY
MOTOR  VEHICLE  TRANSPORTING  PASSENGERS  SUBJECT  TO  THE  DEPARTMENT'S
INSPECTION  REQUIREMENTS  AS  WELL  AS  ISSUANCE  OF  A  CERTIFICATE  OF
INSPECTION, IF SUCH FEE IS NOT PAID WITHIN NINETY DAYS OF RECEIPT OF  AN
INVOICE.
  2.  ALL  FEES CHARGED AND COLLECTED BY THE COMMISSIONER UNDER SUBDIVI-
SION ONE OF THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO  THE
DEDICATED  HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 2. Subdivision 1  of  section  153  of  the  transportation  law  is
REPEALED  and  subdivisions  2,  3,  4,  5, 6, 7, 8 and 9 are renumbered
subdivisions 1, 2, 3, 4, 5, 6, 7 and 8.
  S 3. Subdivisions 1 and 6 of section 154 of the transportation law, as
added by chapter 635 of the  laws  of  1983,  are  amended  to  read  as
follows:
  1.  The  commissioner  may  issue  a  permanent  certificate of public
convenience and necessity to operate as a common carrier  of  passengers
to  an applicant with or without hearing, except as provided in subdivi-
sions two and seven of this section, but upon notice to  all  interested
parties.  If any application for authority to operate a bus line through

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a county, city, village or town or in or through a territory or district
served by a bus line or a public transportation authority created pursu-
ant to titles nine, eleven, eleven-A, eleven-B, eleven-C and eleven-D of
article  five  of  the  public  authorities law is protested by any such
municipality, bus line, or public transportation authority, and  hearing
on  such  application  is requested then no permanent authority shall be
granted prior to a hearing held on such  application.  The  commissioner
shall  consider  any  reasonable conditions required of the applicant by
such municipality regarding routing and franchise requirements  and,  in
cities  having a population of over one million persons the commissioner
shall adopt the intracity routing requirements to the proposed  destina-
tion  point  or  points  that are established by any such city, provided
that such city furnishes the routing requirements  to  the  commissioner
within  sixty days of the filing of the application with the department.
In addition the commissioner shall adopt insurance requirements provided
for by any such city. Except for the routing and insurance  requirements
in  cities  having a population of over one million persons, the commis-
sioner shall impose requirements on the applicant deemed to  be  reason-
able and in the public interest as a condition to any authority granted.
[Applications  for  a  permanent  certificate  shall be accompanied by a
filing fee as prescribed in section one hundred forty-four of this chap-
ter.] The application for a permanent certificate shall  be  granted  if
the commissioner finds that:
  (a)  the applicant is fit, willing and able to provide the transporta-
tion to be authorized by the certificate and to comply with this chapter
and the regulations of the commissioner; and
  (b) the service proposed will be required by  the  present  or  future
public convenience and necessity.
  6.  Any  person  holding  a  permanent certificate to provide bus line
service shall not discontinue service on any route unless an application
is made to the commissioner and the commissioner approves such  applica-
tion  upon a finding that the public convenience and necessity no longer
requires such bus line service. [Applications for  discontinuance  shall
be  accompanied  by  a  filing  fee as prescribed in section one hundred
forty-four of this chapter.]
  S 4. Subdivision 1 of section 155 of the transportation law, as  added
by chapter 635 of the laws of 1983, is amended to read as follows:
  1.  A  permanent permit to operate as a contract carrier of passengers
may be issued by the commissioner to an  applicant  with  or  without  a
hearing,  but  upon  notice  to all interested parties, authorizing such
applicant to provide transportation as a contract carrier of passengers.
[Applications for a permanent permit shall be accompanied  by  a  filing
fee  as  prescribed  in section one hundred forty-four of this chapter.]
The application for a permanent permit shall be granted if  the  commis-
sioner finds that:
  (a)  the applicant is fit, willing and able to provide the transporta-
tion to be authorized by the permit and to comply with this chapter  and
the regulations of the commissioner; and
  (b)  the  proposed  service  is  or will be consistent with the public
interest and the policy declared in section one hundred thirty-seven  of
this chapter.
  S  5. Subdivision 3 of section 156 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  3. Certificates or permits shall not be assigned  or  transferred,  in
any  manner,  nor  shall  the  right to operate under any certificate or
permit be leased without prior approval of the  commissioner  upon  such

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notice  as  the  commissioner  shall  deem  appropriate. The assignment,
transfer or lease of certificates or permits or  the  right  to  operate
under  any  certificate  or  permit,  shall  not  be approved unless the
commissioner  shall find that it is in the public interest to do so. All
applications for transfer or lease must be in such form as prescribed by
the commissioner [and be accompanied by a filing fee  as  prescribed  in
section one hundred forty-four of this chapter].
  S  6. Subdivision 1 of section 173 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  1. A temporary certificate  or  permit  to  operate  as  a  common  or
contract  carrier  of  property  may  be issued by the commissioner to a
qualified applicant with or without a hearing for the purpose of provid-
ing a service for which there is an immediate or urgent need from or  to
a  point  or  points  or within a territory.  Applications for temporary
authority shall contain such information as the  commissioner  by  regu-
lation  may  prescribe  [and  shall  be  accompanied  by a filing fee as
prescribed in section one hundred forty-four of this chapter].
  S 7. Subdivision 1 of section 174 of the transportation law, as  added
by chapter 635 of the laws of 1983, is amended to read as follows:
  1.  A permanent certificate to operate as a common carrier of property
may be issued by the commissioner to a qualified applicant with or with-
out hearing, but upon notice to all interested parties, authorizing such
applicant to provide transportation as a  common  carrier  of  property.
Applications  for a permanent certificate shall contain such information
as the commissioner by regulation may prescribe [and shall  be  accompa-
nied  by a filing fee as prescribed in section one hundred forty-four of
this chapter]. The application for  a  permanent  certificate  shall  be
granted if the commissioner finds that:
  (a)  the applicant is fit, willing and able to provide the transporta-
tion to be authorized by the certificate and to comply with this chapter
and the regulations of the commissioner; and
  (b) that the service proposed will  be  required  by  the  present  or
future public convenience and necessity.
  S  8. Subdivision 1 of section 175 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  1. A permanent permit to operate as a contract carrier of property may
be issued by the commissioner to an applicant with or  without  hearing,
but  upon notice to all interested parties authorizing such applicant to
provide transportation as a contract carrier of property.  [Applications
for  a  permanent  permit  shall  be  accompanied  by  a  filing  fee as
prescribed in section one  hundred  forty-four  of  this  chapter.]  The
application  for a permanent permit shall be granted if the commissioner
finds that:
  (a) the applicant is fit, willing and able to provide the  transporta-
tion  to  be  authorized  and  to comply with this chapter and the regu-
lations of the commissioner; and
  (b) the proposed service to the extent authorized will  be  consistent
with  the public interest and the policy declared in section one hundred
thirty-seven of this chapter.
  S 9. Subdivision 3 of section 177 of the transportation law, as  added
by chapter 635 of the laws of 1983, is amended to read as follows:
  3.  Certificates  or  permits  shall  not  be assigned, transferred or
leased in any manner nor shall the right to operate  under  any  certif-
icate  or  permit  be leased without prior approval of the commissioner,
upon such notice as the commissioner shall deem appropriate. The assign-
ment, transfer or lease of a certificate, or the right to operate  under

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any  certificate,  shall  not  be approved unless the commissioner shall
find that it is in the public interest to do so.   All applications  for
assignment,  transfer or lease must be in such form as prescribed by the
commissioner  [and shall be accompanied by a filing fee as prescribed in
section one hundred forty-four of this chapter].
  S 10. Subdivision 1 of section 192 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  1. A probationary certificate to operate as a common carrier of house-
hold goods by motor vehicle may be issued by the commissioner to a qual-
ified applicant after public notice and with  or  without  hearing.  The
application  shall contain such information as the commissioner by regu-
lation shall prescribe [and the application shall be  accompanied  by  a
filing fee as prescribed in section one hundred forty-four of this chap-
ter]. A probationary certificate shall:
  (a)  create  no presumption that a corresponding permanent certificate
will be granted;
  (b) confer no proprietary or property rights in the use of  the  high-
ways;
  (c)  be  granted  for  a  period  not to exceed one year, which may be
renewed for an additional one year period by the commissioner; and
  (d) be subject to any conditions deemed appropriate by the commission-
er to be in the public interest.
  S 11. Subdivision 6 of section 193 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  6. Permanent certificates issued pursuant to subdivision one  of  this
section  shall  have  no  application  fee.  [Applications for permanent
certificates issued pursuant to subdivision four of this  section  shall
be  accompanied  by  a  filing  fee as prescribed in section one hundred
forty-four of this chapter.]
  S 12. Subdivision 3 of section 195 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  3. Permanent certificates shall not be assigned, transferred or leased
in any manner nor shall the right to operate under any such  certificate
be leased without prior approval of the commissioner upon such notice as
the  commissioner  shall  deem  appropriate. The assignment, transfer or
lease of a permanent certificate,  shall  not  be  approved  unless  the
commissioner  shall find that it is in the public interest to do so. All
applications for transfer or lease must be in such form as prescribed by
the commissioner [and shall be accompanied by a filing fee as prescribed
in section one hundred forty-four of this chapter].
  S 13. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2015.

                                 PART D

  Section  1.  Section  1  of part I of chapter 413 of the laws of 1999,
relating to providing for mass transportation payments,  as  amended  by
section  1  of  part  L of chapter 59 of the laws of 2006, is amended to
read as follows:
  Section 1. Notwithstanding any other law, rule or  regulation  to  the
contrary,  payment  of mass transportation operating assistance pursuant
to section 18-b of the  transportation  law  shall  be  subject  to  the
provisions  contained  herein and the amounts made available therefor by
appropriation.
  In establishing service and usage formulas for  distribution  of  mass
transportation  operating assistance, the commissioner of transportation

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may combine and/or  take  into  consideration  those  formulas  used  to
distribute  mass transportation operating assistance payments authorized
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
  To  improve  the  predictability  in  the  level  of funding for those
systems receiving operating assistance payments under service and  usage
formulas,  the  commissioner  of  transportation  is authorized with the
approval of the director of the  budget,  to  provide  service  payments
based on service and usage statistics of the preceding year.
  In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching  payments required to be made by a county to any such authority
shall be as follows:
  Percentage of matching payment required to be provided:

                                  Percentage
                                 of Matching
Local Jurisdiction                 Payment
--------------------------------------------
In  the  Metropolitan Commuter
  Transportation District:
New York City ................          6.40
Dutchess .....................          1.30
Nassau .......................         39.60
Orange .......................          0.50
Putnam .......................          1.30
Rockland .....................          0.10
Suffolk ......................         25.70
Westchester ..................         25.10
In the Capital District Trans-
  portation District:
Albany .......................         56.10
Rensselaer ...................         23.30
Saratoga .....................          4.10
Schenectady ..................         16.50
In  the  Central  New York Re-
  gional  Transportation  Dis-
  trict:
Cayuga .......................         5.11
Onondaga .....................         75.83
Oswego .......................         2.85
Oneida .......................         16.21
In  the  Rochester-Genesee Re-
  gional  Transportation  Dis-
  trict:
Genesee ......................         [1.43] 1.36
Livingston ...................         [0.94] .90
Monroe .......................        [94.58] 90.14
Wayne ........................         [1.03] .98
Wyoming ......................         [0.54] .51
Seneca .......................         [0.67] .64
Orleans ......................         [0.81] .77
ONTARIO ......................                4.69
  In the Niagara Frontier Trans-

S. 2008                            10                            A. 3008

  portation District:  Erie .........................              89.20
Niagara ......................         10.80

  Notwithstanding  any  other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to  other
public  transportation  systems in payment of state operating assistance
or such lesser amount as the authority or public  transportation  system
shall  make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
  Notwithstanding the reporting date provision of section  17-a  of  the
transportation law, the reports of each regional transportation authori-
ty  and  other major public transportation systems receiving mass trans-
portation operating assistance shall be submitted on or before  July  15
of each year in the format prescribed by the commissioner of transporta-
tion.  Copies  of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means  commit-
tee  and  the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
  Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with  the
approval  of  the director of the budget, may provide; and where payment
is not made in the manner provided by such subdivision 2,  the  matching
payments  required  of  any  city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of  state  operating
assistance  pursuant  to  this  section or on such other basis as may be
agreed upon by the commissioner of transportation, the director  of  the
budget,  and  the  chief  executive officer of such city, county, Indian
tribe or intercity bus company.
  The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has  iden-
tified  a  problem  related  to system performance, the commissioner may
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation  systems  or  private
operators that do not provide such operating, financial, or other infor-
mation  as may be required by the commissioner to conduct the evaluation
process.
  Payments shall be made contingent  upon  compliance  with  regulations
deemed  necessary  and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget,  which  shall
promote the economy, efficiency, utility, effectiveness, and coordinated
service  delivery  of public transportation systems. The chief executive
officer of each public transportation system receiving a  payment  shall
certify  to  the commissioner of transportation, in addition to informa-
tion required by section 18-b of  the  transportation  law,  such  other
information  as  the  commissioner  of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
  Counties, municipalities or Indian tribes  that  propose  to  allocate
service payments to operators on a basis other than the amount earned by
the  service  payment formula shall be required to describe the proposed

S. 2008                            11                            A. 3008

method of distributing governmental operating  aid  and  submit  it  one
month  prior  to  the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
distribution of state aid. The commissioner of transportation shall only
approve  alternate  distribution  methods  which are consistent with the
transportation needs of the people to be  served  and  ensure  that  the
system  of private operators does not exceed established maximum service
payment limits. Copies of such  approvals  shall  be  submitted  to  the
chairpersons  of  the senate finance and assembly ways and means commit-
tees.
  Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized  to
continue  to  use  prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of  1981.  In
the  event  that  actual  revenue  passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used  as  the  basis  of  payment  upon
approval  by  the  commissioner  of  transportation.  In such event, the
succeeding payment shall be adjusted to reflect the  difference  between
the actual and estimated total number of revenue passengers and vehicle,
nautical  or  car  miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to  operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise  specified  by such commissioner.   In the event that a public
transportation system ceases to participate in  the  program,  operating
assistance  due  for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the  actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
  Payments  shall  be  contingent  on compliance with audit requirements
determined by the commissioner of transportation.
  In the event that an  audit  of  a  public  transportation  system  or
private  operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an  over-
payment  results  from  an  audit  of  revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
ators in cases where more than a reasonable return based  on  equity  or
operating revenues and expenses has resulted, the commissioner of trans-
portation,  in  addition  to  recovering  the  amount of state operating
assistance overpaid, shall also recover  interest,  as  defined  by  the
department of taxation and finance, on the amount of the overpayment.
  Notwithstanding  any  other  law,  rule or regulation to the contrary,
whenever the commissioner of transportation is  notified  by  the  comp-
troller  that  the  amount  of  revenues  available  for payment from an
account is less than the total amount of money for which the public mass
transportation systems  are  eligible  pursuant  to  the  provisions  of
section 88-a of the state finance law and any appropriations enacted for
these  purposes,  the  commissioner  of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
  Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law,  payments
may  be  made  in  quarterly installments or in such other manner and at
such other  times  as  the  commissioner  of  transportation,  with  the
approval of the director of the budget may prescribe.

S. 2008                            12                            A. 3008

  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, 2015.

                                 PART E

  Section  1.  The  state finance law is amended by adding a new section
99-w to read as follows:
  S 99-W. TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND. 1.  THERE  IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER  OF TAXATION AND FINANCE A SPECIAL CAPITAL FUND TO BE KNOWN
AS THE "TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND."
  2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT
ACCOUNT WITHIN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND:
  METROPOLITAN TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS ACCOUNT
  3. THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS 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  TRANSIT  ASSISTANCE  FOR  CAPITAL
INVESTMENTS FUND SHALL BE RETAINED IN AND BECOME A PART OF SUCH FUND.
  4.  MONEYS  IN  THE  TRANSIT  ASSISTANCE  FOR CAPITAL INVESTMENTS FUND
SHALL, FOLLOWING APPROPRIATION BY THE LEGISLATURE, BE UTILIZED FOR CAPI-
TAL PURPOSES, INCLUDING, BUT NOT LIMITED TO  THE  PLANNING  AND  DESIGN,
ACQUISITION,  CONSTRUCTION,  RECONSTRUCTION,  REPLACEMENT,  IMPROVEMENT,
RECONDITIONING, REHABILITATION AND PRESERVATION OF MASS TRANSIT  FACILI-
TIES,  VEHICLES,  RELATED  EQUIPMENT  AND  ROLLING STOCK WITH AN AVERAGE
SERVICE LIFE OF NO LESS THAN FIVE YEARS.
  5. MONEYS DEPOSITED INTO THE METROPOLITAN TRANSIT ASSISTANCE FOR CAPI-
TAL INVESTMENTS ACCOUNT SHALL BE AVAILABLE TO THE METROPOLITAN TRANSPOR-
TATION AUTHORITY (MTA) AND TO ALL OTHER  PUBLIC  TRANSPORTATION  SYSTEMS
SERVING   PRIMARILY  WITHIN  THE  METROPOLITAN  COMMUTER  TRANSPORTATION
DISTRICT, AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO OF  THE  PUBLIC
AUTHORITIES  LAW,  ELIGIBLE  TO  RECEIVE  OPERATING ASSISTANCE UNDER THE
PROVISIONS OF SECTION EIGHTEEN-B OF THE  TRANSPORTATION  LAW  CONSISTENT
WITH THE USES OUTLINED IN SUBDIVISION FOUR OF THIS SECTION.
  6.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, NO CAPITAL ASSISTANCE
PAYMENT AUTHORIZED UNDER  THIS  SECTION  MAY  BE  APPLIED  TO  OPERATING
EXPENSES.
  7.  ALL  PAYMENTS  OF  MONEY  FROM  THE TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE MADE IN ACCORDANCE WITH A FORMULA TO BE ESTAB-
LISHED BY THE COMMISSIONER OF TRANSPORTATION WITH THE  APPROVAL  OF  THE
DIRECTOR OF THE BUDGET.
  8.  ALL  PAYMENTS  OF  MONEYS  FROM THE TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE MADE ON THE AUDIT AND  WARRANT  OF  THE  COMP-
TROLLER.
  S 2. This act shall take effect immediately.

                                 PART F

  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, the commissioner of transportation may approve the deferral of
any required reductions in service payments to unspecified public trans-
portation systems, pursuant to the hold-harmless provision of the State-
wide Mass Transportation Operating Assistance (STOA) program provided in
17 N.Y.C.R.R. 975.18, on an annual basis for a period of  no  more  than
two years.

S. 2008                            13                            A. 3008

  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.

                                 PART G

  Section  1.  Section  351  of the public authorities law is amended by
adding a new subdivision 14 to read as follows:
  14. THE TERM "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TRANSPORTATION.
  S 2. The public authorities law is amended by adding two new  sections
357-b and 357-c to read as follows:
  S 357-B. SHARING EMPLOYEES, SERVICES AND RESOURCES.  A SHARED SERVICES
AGREEMENT  MAY  BE  EXECUTED BETWEEN THE AUTHORITY AND THE DEPARTMENT TO
SHARE EMPLOYEES, SERVICES OR RESOURCES AS DEEMED APPROPRIATE  INCLUDING,
BUT  NOT  LIMITED  TO, FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE
DEPARTMENT ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF  THE
AUTHORITY, AND FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE AUTHOR-
ITY ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE DEPART-
MENT.  SUCH  AGREEMENT OR ANY PROJECT UNDERTAKEN PURSUANT TO SUCH AGREE-
MENT SHALL NOT BE DEEMED TO IMPAIR THE RIGHTS  OF  BONDHOLDERS  AND  MAY
PROVIDE  FOR,  BUT  NOT  BE  LIMITED TO, THE MANAGEMENT, SUPERVISION AND
DIRECTION OF SUCH EMPLOYEES' PERFORMANCE OF SUCH SERVICES.
  S 357-C. INDEMNIFICATION AND DEFENSE UNDER SHARED SERVICES  AGREEMENT.
1.  THE  AUTHORITY SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF
THE DEPARTMENT, USING THE FORCES OF THE DEPARTMENT OF  LAW  PURSUANT  TO
SECTION THREE HUNDRED SIXTY-TWO OF THIS TITLE IN ANY ACTION, PROCEEDING,
CLAIM,  DEMAND  OR  THE  PROSECUTION OF ANY APPEAL ARISING FROM OR OCCA-
SIONED BY THE ACTS OR OMISSIONS TO ACT IN THE PERFORMANCE OF  THE  FUNC-
TIONS OF THE AUTHORITY PURSUANT TO A SHARED SERVICES AGREEMENT.
  2. DEFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE CONDI-
TIONED UPON THE FULL COOPERATION OF THE DEPARTMENT.
  3.  THE  AUTHORITY SHALL INDEMNIFY AND HOLD HARMLESS ANY UNIT, ENTITY,
OFFICER OR EMPLOYEE OF THE DEPARTMENT IN  THE  AMOUNT  OF  ANY  JUDGMENT
OBTAINED  AGAINST  THE DEPARTMENT OR IN THE AMOUNT OF ANY SETTLEMENT THE
DEPARTMENT ENTERS INTO WITH THE CONSENT OF THE AUTHORITY FOR ANY AND ALL
CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
OMISSIONS TO ACT OF THE AUTHORITY OR  ITS  SUBSIDIARIES  PURSUANT  TO  A
SHARED  SERVICES  AGREEMENT; PROVIDED, HOWEVER, THAT THE ACT OR OMISSION
FROM WHICH SUCH JUDGMENT OR SETTLEMENT AROSE OCCURRED WHILE THE AUTHORI-
TY OR ITS SUBSIDIARIES WAS ACTING WITHIN  THE  SCOPE  OF  ITS  FUNCTIONS
PURSUANT TO A SHARED SERVICES AGREEMENT.  NO SUCH SETTLEMENT OF ANY SUCH
ACTION,  PROCEEDING,  CLAIM OR DEMAND SHALL BE MADE WITHOUT THE APPROVAL
OF THE BOARD OR ITS DESIGNEE.
  4. ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFICER
OR EMPLOYEE OF THE AUTHORITY THAT ARISES PURSUANT TO ANY SHARED SERVICES
AGREEMENT SHALL NOT BE CONSTRUED IN ANY WAY  TO  IMPAIR,  ALTER,  LIMIT,
MODIFY, ABROGATE OR RESTRICT ANY IMMUNITY AVAILABLE TO OR CONFERRED UPON
ANY  UNIT,  ENTITY,  OFFICER OR EMPLOYEE OF THE AUTHORITY, OR TO IMPAIR,
ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT  ANY  RIGHT  TO  DEFENSE  AND
INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
AL STATUTORY OR COMMON LAW.
  5.  THIS  SECTION  SHALL  NOT  IN ANY WAY AFFECT THE OBLIGATION OF ANY
CLAIMANT TO GIVE NOTICE TO THE STATE AND THE AUTHORITY UNDER SECTION TEN
AND SECTION ELEVEN OF THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION  OF
LAW.

S. 2008                            14                            A. 3008

  6.  THE  PROVISIONS  OF THIS SECTION SHALL NOT BE CONSTRUED TO IMPAIR,
ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY  INSURER  UNDER
ANY INSURANCE AGREEMENT.
  7.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN EMPLOYED PURSUANT
TO A SHARED SERVICES AGREEMENT, EMPLOYEES  OF  THE  AUTHORITY,  AND  ITS
SUBSIDIARIES  AND  THE  DEPARTMENT SHALL BE DEEMED EMPLOYEES OF ALL SUCH
ENTITIES AND THE STATE FOR PURPOSES OF THE WORKERS' COMPENSATION LAW.
  S 3. Section 10-a of the highway law is amended by adding a new subdi-
vision 13 to read as follows:
  13. (A) THE STATE SHALL DEFEND ANY UNIT, ENTITY, OFFICER  OR  EMPLOYEE
OF  THE NEW YORK STATE THRUWAY AUTHORITY USING THE FORCES OF THE DEPART-
MENT OF LAW IN ANY ACTION, PROCEEDING, CLAIM, DEMAND OR THE  PROSECUTION
OF ANY APPEAL ARISING FROM OR OCCASIONED BY THE ACTS OR OMISSIONS TO ACT
IN  THE  PERFORMANCE  OF  THE  FUNCTIONS OF THE DEPARTMENT PURSUANT TO A
SHARED SERVICES AGREEMENT.
  (B) DEFENSE PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVISION  SHALL  BE
CONDITIONED  UPON  THE  FULL  COOPERATION  OF THE NEW YORK STATE THRUWAY
AUTHORITY.
  (C) THE STATE SHALL INDEMNIFY AND  HOLD  HARMLESS  ANY  UNIT,  ENTITY,
OFFICER  OR  EMPLOYEE  OF  THE  NEW  YORK STATE THRUWAY AUTHORITY IN THE
AMOUNT OF ANY JUDGMENT OBTAINED  AGAINST  THE  NEW  YORK  STATE  THRUWAY
AUTHORITY  OR IN THE AMOUNT OF ANY SETTLEMENT THE NEW YORK STATE THRUWAY
AUTHORITY ENTERS INTO WITH THE CONSENT OF THE  STATE  FOR  ANY  AND  ALL
CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
OMISSIONS  TO ACT OF THE DEPARTMENT PURSUANT TO A SHARED SERVICES AGREE-
MENT, PROVIDED, HOWEVER, THAT THE ACT OR OMISSION FROM WHICH SUCH  JUDG-
MENT OR SETTLEMENT AROSE OCCURRED WHILE THE DEPARTMENT WAS ACTING WITHIN
THE SCOPE OF ITS FUNCTIONS PURSUANT TO A SHARED SERVICES AGREEMENT.  ANY
SUCH  SETTLEMENT  SHALL  BE EXECUTED PURSUANT TO SECTION TWENTY-A OF THE
COURT OF CLAIMS ACT.
  (D) ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY,  OFFI-
CER OR EMPLOYEE OF THE DEPARTMENT PURSUANT TO ANY SHARED SERVICES AGREE-
MENT  SHALL NOT BE CONSTRUED IN ANY WAY TO IMPAIR, ALTER, LIMIT, MODIFY,
ABROGATE OR RESTRICT ANY IMMUNITY AVAILABLE TO  OR  CONFERRED  UPON  ANY
UNIT,  ENTITY,  OFFICER  OR  EMPLOYEE  OF  THE DEPARTMENT, OR TO IMPAIR,
ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT  ANY  RIGHT  TO  DEFENSE  AND
INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
AL STATUTORY OR COMMON LAW.
  (E) THIS SUBDIVISION SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF ANY
CLAIMANT  TO  GIVE  NOTICE TO THE STATE UNDER SECTIONS TEN AND ELEVEN OF
THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF LAW.
  (F) THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  BE  CONSTRUED  TO
IMPAIR, ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER
UNDER ANY INSURANCE AGREEMENT.
  (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EMPLOYEES OF THE THRU-
WAY  AUTHORITY,  ITS  SUBSIDIARIES  AND  THE  DEPARTMENT SHALL BE DEEMED
EMPLOYEES OF ALL SUCH ENTITIES AND THE STATE FOR PURPOSES OF  THE  WORK-
ERS' COMPENSATION LAW.
  (H)  ANY  PAYMENT MADE PURSUANT TO THIS SUBDIVISION OR ANY MONIES PAID
FOR A CLAIM AGAINST OR SETTLEMENT WITH THE DEPARTMENT OR  THE  NEW  YORK
STATE  THRUWAY  AUTHORITY  PURSUANT  TO  THIS  SECTION AND PURSUANT TO A
SHARED SERVICES AGREEMENT SHALL BE PAID FROM APPROPRIATIONS FOR  PAYMENT
BY THE STATE PURSUANT TO THE COURT OF CLAIMS ACT.
  S 4. Subdivision 1 of section 17 of the public officers law is amended
by adding a new paragraph (y) to read as follows:

S. 2008                            15                            A. 3008

  (Y)  FOR  PURPOSES  OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE
MEMBERS OF THE BOARD, OFFICERS AND EMPLOYEES OF THE NEW YORK STATE THRU-
WAY AUTHORITY OR ITS SUBSIDIARIES.
  S 5. This act, being necessary for the prosperity of the state and its
inhabitants,  shall  be  liberally  construed to effect the purposes and
secure the beneficial intents hereof.
  S 6. If any provision of any section of this act  or  the  application
thereof  to  any  person  or circumstance shall be adjudged invalid by a
court of  competent  jurisdiction,  such  order  or  judgment  shall  be
confined  in  its operation to the controversy in which it was rendered,
and shall not affect or invalidate the remainder of any provision of any
section of this act or the application thereof to any  other  person  or
circumstance  and to this end the provisions of each section of this act
are hereby declared to be severable.
  S 7. This act shall take effect immediately.

                                 PART H

  Section 1. Subdivision 15 of section 385 of the  vehicle  and  traffic
law is amended by adding a new paragraph (l) to read as follows:
  (L) WHEN AN ANNUAL PERMIT IS ISSUED, PURSUANT TO THIS SUBDIVISION, FOR
THE  OPERATION  OF  A  VEHICLE  WITH A MAXIMUM GROSS WEIGHT IN EXCESS OF
EIGHTY THOUSAND POUNDS, SUCH PERMIT SHALL SERVE AS PROOF OF THE  MAXIMUM
GROSS  WEIGHT ALLOWED FOR SUCH VEHICLE NOTWITHSTANDING THE MAXIMUM GROSS
WEIGHT FOR SUCH VEHICLE AS STATED ON THE  APPLICATION  FOR  REGISTRATION
PROVIDED  THAT  THE  OPERATION OF SUCH VEHICLE IS IN COMPLIANCE WITH THE
TERMS OF THE ANNUAL PERMIT ISSUED AND  ANY  REQUIREMENTS  OR  CONDITIONS
APPLICABLE THERETO.
  S  2.  Paragraph  (b) of schedule F of subdivision 7 of section 401 of
the vehicle and traffic law, as amended by chapter 55  of  the  laws  of
1992, is amended to read as follows:
  (b)  As  used in this schedule, the term "snow plow" shall not include
farm type tractors used exclusively for agricultural  purposes,  or  for
snow  plowing  other  than  for  hire, as defined in section one hundred
twenty-five of this chapter, when used for  plowing  or  removing  snow,
provided such plowing or snow removal is not done for hire.
  No  person  shall  operate or move, or cause or knowingly permit to be
operated or moved on any public highway in this state  any  auto  truck,
agricultural  truck  or  light  delivery  car, registered in this state,
having a combined weight of vehicle and load in excess  of  the  maximum
gross weight for such vehicle as stated on the application for registra-
tion.  Such  maximum  gross  weight  [cannot] SHALL NOT be more than the
weight permitted under section three hundred eighty-five of this chapter
or the weight permitted by the rules or regulations of the department of
transportation of any city not wholly  included  within  one  county  or
under  permits  that  may  be  issued pursuant to such section, rules or
regulations whichever is the least restrictive.
  S 3. Paragraph b of subdivision 9 of section 401 of  the  vehicle  and
traffic  law,  as amended by chapter 847 of the laws of 1968, is amended
to read as follows:
  b. Where a vehicle registered under  the  provisions  of  subdivisions
seven  or  eight  of  this  section on the basis of maximum gross weight
requires a corrected registration because of a load  in  excess  of  the
maximum  load  as  certified in the application for registration, or the
registrant desires to register the vehicle  at  a  lower  gross  maximum
weight, an application shall be made for correct registration; PROVIDED,

S. 2008                            16                            A. 3008

HOWEVER,  THAT  WHEN  AN ANNUAL PERMIT IS ISSUED PURSUANT TO SUBDIVISION
FIFTEEN OF SECTION THREE HUNDRED EIGHTY-FIVE OF  THIS  CHAPTER  FOR  THE
OPERATION  OF  A VEHICLE WITH A MAXIMUM GROSS WEIGHT IN EXCESS OF EIGHTY
THOUSAND POUNDS, A CORRECTED REGISTRATION SHALL NOT BE REQUIRED PURSUANT
TO THIS PARAGRAPH. Upon the surrendering of the certificate of registra-
tion  and  the payment of a fee of two dollars together with the balance
of the annual fee for the correct registration over the fee as previous-
ly registered, such corrected registration may be issued. No  return  of
any  part of the fee paid for the previous registration shall be made in
case of a reduction of maximum gross weight certified in the application
for a corrected registration.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART I

  Section  1. Item 1 of clause (A) of subparagraph (ii) of paragraph (i)
of subdivision 1 of section 201 of  the  vehicle  and  traffic  law,  as
amended  by  section  1 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
  (1) fifty-five years where the conviction and suspension or revocation
order relates to a conviction, suspension or revocation by the holder of
any driver's license when  operating  a  commercial  motor  vehicle,  as
defined  in subdivision four of section five hundred one-a of this chap-
ter, or by the holder of a commercial  driver's  license  OR  COMMERCIAL
LEARNER'S  PERMIT  when operating any motor vehicle, who: has refused to
submit to a chemical test pursuant to section eleven hundred ninety-four
of this chapter or has been convicted of any of the following  offenses:
any violation of subdivision ONE, two, TWO-A, three [or], four OR FOUR-A
of  section  eleven hundred ninety-two of this chapter, any violation of
subdivision one or two of section six hundred of this chapter, any felo-
ny involving the use of a motor vehicle, other than the use of  a  motor
vehicle  in the commission of a felony involving manufacturing, distrib-
uting, dispensing a controlled substance; or the conviction,  suspension
or  revocation  involves any of the following offenses while operating a
commercial motor vehicle: any violation of subdivision five  or  six  of
section  eleven hundred ninety-two of this chapter, driving a commercial
motor vehicle when as a result of prior violations committed while oper-
ating a commercial  motor  vehicle,  the  driver's  commercial  driver's
license  OR  COMMERCIAL LEARNER'S PERMIT is suspended or revoked, or has
been convicted of causing a fatality through the negligent operation  of
a  commercial  motor vehicle, including but not limited to the crimes of
vehicular manslaughter and criminally negligent homicide as set forth in
article one hundred twenty-five of the penal law;
  S 2. Subdivision 6 of section 501-a of the vehicle and traffic law, as
added by chapter 173 of the laws of 1990, is amended to read as follows:
  6. Tank vehicle. Any commercial motor vehicle  designed  to  transport
any  liquid  or  gaseous  material within [a]: (I) A tank that is either
permanently or temporarily attached to the vehicle or  the  chassis  AND
HAS  A  RATED CAPACITY OF ONE THOUSAND GALLONS OR MORE; OR (II) MULTIPLE
TANKS EITHER PERMANENTLY OR TEMPORARILY ATTACHED OR  SECURED,  WHEN  THE
AGGREGATE RATED CAPACITY OF THOSE TANKS IS ONE THOUSAND GALLONS OR MORE,
AS  DETERMINED  BY  ADDING  THE  CAPACITY OF EACH INDIVIDUAL TANK WITH A
CAPACITY OF MORE THAN ONE HUNDRED  NINETEEN  GALLONS.    [Such  vehicles
include, but are not limited to, cargo and portable tanks, as defined in
49  CFR  part  171.  However,  this definition does not include portable

S. 2008                            17                            A. 3008

tanks having a rated capacity under  one  thousand  gallons.]  PROVIDED,
HOWEVER, IF A COMMERCIAL MOTOR VEHICLE TRANSPORTS ONE OR MORE TANKS THAT
ARE MANIFESTED EITHER AS EMPTY OR AS RESIDUE AND THAT ARE ACTUALLY EMPTY
OR  CONTAIN  ONLY RESIDUE, THOSE TANKS SHALL NOT BE CONSIDERED IN DETER-
MINING WHETHER THE VEHICLE IS A TANK VEHICLE.
  S 3. Paragraph (b) of subdivision 1 of section 503 of the vehicle  and
traffic law, as amended by section 2 of part D of chapter 58 of the laws
of 2012, is amended to read as follows:
  (b)  An  application for a license shall be valid for a period of time
specified by regulation of the commissioner not to exceed five years.  A
learner's  permit  shall be valid from its issuance until the expiration
of the application for a driver's  license  for  which  it  was  issued.
PROVIDED,  HOWEVER,  A COMMERCIAL LEARNER'S PERMIT SHALL BE VALID FOR NO
MORE THAN ONE HUNDRED EIGHTY  DAYS,  EXCEPT  THAT  SUCH  PERMIT  MAY  BE
RENEWED, IN THE COMMISSIONER'S DISCRETION, FOR AN ADDITIONAL ONE HUNDRED
EIGHTY  DAYS.  Provided,  however,  that  a  COMMERCIAL learner's permit
issued by the commissioner in  connection  with  an  application  for  a
commercial  driver's license shall be cancelled within sixty days of the
holder's medical certification  status  becoming  "not-certified"  based
upon:  (i)  the  expiration  of  the  holder's  medical certification or
medical variance documentation required by  the  federal  motor  carrier
safety  improvement  act  of  1999 and Part 383.71(h) of title 49 of the
code of federal regulations; (ii) the holder's failure  to  submit  such
medical  certification  or medical variance documentation at such inter-
vals as required by the federal motor carrier safety improvement act  of
1999  and  Part 383.71(h) of title 49 of the code of federal regulations
and in a manner prescribed by the commissioner; or (iii) the receipt  by
the commissioner of information from the issuing medical examiner or the
federal motor carrier safety administration that a medical certification
or  medical  variance was issued in error or rescinded. The commissioner
shall, upon a holder's status becoming "not-certified", notify the hold-
er of such COMMERCIAL learner's  permit  issued  in  connection  with  a
commercial  driver's  license  application  by  first  class mail to the
address of such person on file with the department  or  at  the  current
address  provided  by  the  United  States  postal service of his or her
"not-certified" medical certification status  and  that  the  commercial
motor  vehicle  privileges  of  such COMMERCIAL learner's permit will be
cancelled unless he or she submits a current medical certificate  and/or
medical  variance  in  accordance with Part 383.71(h) of title 49 of the
code of federal regulations or changes his or her self-certification  to
driving  only  in  excepted  [or intrastate] commerce in accordance with
Part 383.71(b)[(ii)(B), (C) or (D)](1) of title 49 of the code of feder-
al regulations.
  S 4. Subdivision 6 of section 510 of the vehicle and  traffic  law  is
amended by adding a new paragraph o to read as follows:
  O.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
WHERE REVOCATION IS MANDATORY PURSUANT TO SUBPARAGRAPH  (III)  OF  PARA-
GRAPH  A  OF  SUBDIVISION  TWO  OF THIS SECTION INVOLVING A VIOLATION OF
SECTION THREE HUNDRED NINETY-TWO OF  THIS  CHAPTER  IN  RELATION  TO  AN
APPLICATION  FOR A COMMERCIAL DRIVER'S LICENSE OR A COMMERCIAL LEARNER'S
PERMIT, NO NEW  COMMERCIAL  DRIVER'S  LICENSE  OR  COMMERCIAL  LEARNER'S
PERMIT  SHALL  BE ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER EXCEPT IN
THE DISCRETION OF THE COMMISSIONER.
  S 5. Paragraph (b) of subdivision 3 of section 510-a  of  the  vehicle
and  traffic law, as amended by section 7 of part K of chapter 59 of the

S. 2008                            18                            A. 3008

laws of 2009, is amended, and two new subdivisions 9 and 10 are added to
read as follows:
  (b)  A  commercial  driver's license shall be suspended by the commis-
sioner for a period of one hundred  twenty  days  where  the  holder  is
convicted  of three serious traffic violations as defined in subdivision
four of this section committed within a three year period,  in  separate
incidents  whether  such  convictions occurred within or outside of this
state. [Such suspension shall take effect upon the  termination  of  any
other  suspension  already  in  effect pursuant to paragraph (a) of this
subdivision or this paragraph.]
  9.  APPLICATION  OF  DISQUALIFICATIONS  TO  HOLDERS  OF  A  COMMERCIAL
LEARNER'S  PERMIT.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, ANY
PROVISION OF THIS CHAPTER RELATING TO THE REVOCATION, SUSPENSION,  DOWN-
GRADING,  DISQUALIFICATION  OR  CANCELLATION  OF  A  COMMERCIAL DRIVER'S
LICENSE SHALL APPLY IN THE SAME MANNER TO A COMMERCIAL LEARNER'S PERMIT.
  10. CONSECUTIVE DISQUALIFICATION PERIODS.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF LAW, ANY SUSPENSION, REVOCATION OR DISQUALIFICATION APPLI-
CABLE TO THE HOLDER OF  A  COMMERCIAL  DRIVER'S  LICENSE  OR  COMMERCIAL
LEARNER'S PERMIT THAT IS REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE
OF  FEDERAL REGULATIONS AND BY THE PROVISIONS OF THIS CHAPTER SHALL TAKE
EFFECT UPON THE EXPIRATION OF THE MINIMUM PERIOD OF  ANY  OTHER  SUSPEN-
SION,  REVOCATION  OR DISQUALIFICATION OF SUCH LICENSE OR PERMIT THAT IS
REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF  FEDERAL  REGULATIONS
AND BY THE PROVISIONS OF THIS CHAPTER.
  S  6. Paragraph (d) of subdivision 1 of section 514 of the vehicle and
traffic law, as added by section 7 of part CC of chapter 58 of the  laws
of 2011, is amended to read as follows:
  (d)  Notwithstanding  the provisions of paragraphs (a), (b) and (c) of
this subdivision, upon a judgment of conviction for a violation  of  any
provisions of this chapter or of any local law, rule, ordinance or regu-
lation  relating  to traffic (except one related to parking, stopping or
standing), the court or the clerk thereof shall, within ninety-six hours
of the imposition of the sentence,  file  the  certificate  required  by
paragraph  (a)  of this subdivision, if the person convicted: (i) is the
holder of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license
issued by another state; or (ii) does not hold  a  COMMERCIAL  LEARNER'S
PERMIT  OR  A commercial driver's license, but has been issued a license
by another state and is convicted of a violation that was committed in a
commercial motor vehicle, as defined in subdivision four of section five
hundred one-a of this title.
  S 7. Subdivisions 1 and 2 of section 514-a of the vehicle and  traffic
law, as added by chapter 173 of the laws of 1990, are amended to read as
follows:
  1.  Each person who operates a commercial motor vehicle for a New York
state employer who is convicted of violating within or outside  of  this
state,  in  any  type of motor vehicle, a state or local law relating to
motor vehicle traffic control (other than a  parking  violation),  shall
notify  his/her  current  employer  of  such conviction. [Any person who
holds a commercial driver's license issued by the commissioner who  does
not  operate a commercial motor vehicle for a New York state employer or
who operates a commercial  motor  vehicle  while  self-employed  who  is
convicted  in  any  other  state, the District of Columbia or a Canadian
province of violating any law relating to motor vehicle traffic  control
(other  than  a  parking  violation)  while operating a commercial motor
vehicle shall notify the commissioner of such conviction.] Such  notifi-
cation  must  be  made within thirty days after the date that the person

S. 2008                            19                            A. 3008

has been convicted except that if a person is a bus driver as defined in
section five hundred nine-a of this chapter, such notification  must  be
made  within  five  days after the date the person has been convicted as
required  by  section  five  hundred  nine-i  of this chapter. The above
notification must be made in writing and contain the following  informa-
tion:  (a)  driver's full name; (b) driver's license number; (c) date of
conviction; (d) the specific criminal or other offense(s), serious traf-
fic violation(s) of state or local law relating to motor vehicle traffic
control, for which the person was convicted and any suspension,  revoca-
tion,  cancellation  of  any driving privileges or disqualification from
operating  a  commercial  motor  vehicle  which   resulted   from   such
conviction(s);  (e) indication whether the violation was in a commercial
motor vehicle; (f) location of offense; (g) court or tribunal  in  which
the conviction occurred; and (h) driver's signature.
  2.  Each person who operates a commercial motor vehicle for a New York
state employer who has a  COMMERCIAL  LEARNER'S  PERMIT  OR  A  driver's
license  suspended,  revoked,  or canceled by the commissioner or by the
appropriate authorities of any other  state,  District  of  Columbia  or
Canadian  province, or who loses the right to operate a commercial motor
vehicle in any state or jurisdiction for any period, or who is disquali-
fied from operating a commercial motor vehicle  for  any  period,  shall
notify  his/her current employer of such suspension, revocation, cancel-
lation, lost privilege, or disqualification.
  S 8. Section 514-c of the vehicle and traffic law, as added by chapter
251 of the laws of 2007, is amended to read as follows:
  S 514-c. Notification of non-resident commercial operator convictions.
Within ten days of the conviction of: (a) any  holder  of  a  COMMERCIAL
LEARNER'S  PERMIT  OR  A  commercial  driver's license issued by another
state for any violation of state or local law regulating traffic,  other
than  a parking, stopping or standing violation, committed while operat-
ing a motor vehicle in this state; or
  (b) any holder of a driver's license issued by another state  for  any
violation  of  state or local law regulating traffic, other than a park-
ing, stopping or standing violation, committed while operating a commer-
cial motor vehicle in this state, the commissioner shall provide  notice
of  such  conviction  to the state which issued such holder's COMMERCIAL
LEARNER'S PERMIT, commercial driver's license or driver's license.
  S 9. Subdivision 9 of section 170.55 of the criminal procedure law, as
added by section 8 of part CC of chapter 58 of  the  laws  of  2011,  is
amended to read as follows:
  9.  Notwithstanding  any  other provision of this section, a court may
not issue an order adjourning an action in contemplation of dismissal if
the offense is for a violation of the vehicle and traffic law related to
the operation of a motor vehicle (except one related to  parking,  stop-
ping  or  standing),  or  a  violation of a local law, rule or ordinance
related to the operation of a motor vehicle (except one related to park-
ing, stopping or standing), if such offense was committed by the  holder
of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license or was
committed  in a commercial motor vehicle, as defined in subdivision four
of section five hundred one-a of the vehicle and traffic law.
  S 10. Paragraph c of subdivision 2 of section 140 of  the  transporta-
tion  law  is  amended  by  adding  a  new subparagraph (vii) to read as
follows:
  (VII) NO PERSON, CORPORATION, LIMITED LIABILITY  COMPANY  OR  BUSINESS
ENTITY,  JOINT  STOCK  ASSOCIATION, PARTNERSHIP, OR ANY OFFICER OR AGENT
THEREOF, SHALL KNOWINGLY ALLOW, REQUIRE, PERMIT OR AUTHORIZE ANY  PERSON

S. 2008                            20                            A. 3008

TO  OPERATE  A  COMMERCIAL  MOTOR  VEHICLE,  AS  DEFINED IN SECTION FIVE
HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW, DURING ANY PERIOD IN WHICH
THE OPERATOR:
  (A)  DOES  NOT  HAVE A VALID COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL
DRIVER'S LICENSE; OR
  (B) DOES NOT HAVE A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S
LICENSE WITH THE PROPER CLASS OR ENDORSEMENTS; OR
  (C) VIOLATES ANY RESTRICTION ON SUCH OPERATOR'S  COMMERCIAL  LEARNER'S
PERMIT OR COMMERCIAL DRIVER'S LICENSE; OR
  (D)  HAS  A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S LICENSE
THAT IS SUSPENDED, REVOKED OR  CANCELLED,  OR  SUCH  OPERATOR  HAS  BEEN
OTHERWISE DISQUALIFIED BY THE COMMISSIONER OF MOTOR VEHICLES; OR
  (E)  HAS MORE THAN ONE COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIV-
ER'S LICENSE.
  A VIOLATION OF THIS SUBPARAGRAPH SHALL BE PUNISHABLE BY A FINE OF  NOT
LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS.
  S  11.  This  act  shall  take  effect July 8, 2015 and shall apply to
violations committed on or after such date, and shall apply  to  permits
issued on or after such date.

                                 PART J

  Section  1.  Subdivision  2 of section 357-a of the public authorities
law, as added by section 1 of part E of chapter 58 of the laws of  2013,
is amended to read as follows:
  2.  The  state  shall be responsible for additional goods and services
provided by the authority  equal  to  [twenty-four  million]  TWENTY-ONE
MILLION  FIVE HUNDRED THOUSAND 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.
  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, 2015.

                                 PART K

  Section 1. Section 2985 of title 11 of article 9 of the public author-
ities law is designated title 11-A and such title is amended by adding a
new title heading to read as follows:
                            TOLL COLLECTIONS
  S 2. Subdivision 1 of section 2985 of the public authorities  law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  1.  Notwithstanding any other provision of law, every public authority
which operates a toll highway bridge and/or tunnel  facility  is  hereby

S. 2008                            21                            A. 3008

authorized and empowered to impose monetary liability [on the owner of a
vehicle]  for  failure  [of an operator thereof] to comply with the toll
collection regulations of such public authority in accordance  with  the
provisions of this section.
  S  3.  Subdivision 3 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  3. For purposes of this section,  the  term  "owner"  shall  mean  any
person,  corporation,  partnership, firm, agency, association, lessor or
organization who, [at the time of the violation] WHEN THE OBLIGATION  TO
PAY  THE  TOLL IS INCURRED and with respect to the vehicle identified in
the notice of liability: (a) is the beneficial  or  equitable  owner  of
such vehicle; or (b) has title to such vehicle; or (c) is the registrant
or co-registrant of such vehicle which is registered with the department
of motor vehicles of this state or any other state, territory, district,
province,  nation  or  other jurisdiction; or (d) subject to the limita-
tions set forth in subdivision ten of this section, uses such vehicle in
its vehicle renting and/or leasing business; and includes (e)  a  person
entitled  to  the  use and possession of a vehicle subject to a security
interest in another person. For  purposes  of  this  section,  the  term
"photo-monitoring  system" shall mean a vehicle sensor installed to work
in conjunction with  a  toll  collection  facility  which  automatically
produces  one or more photographs, one or more microphotographs, a vide-
otape or other recorded images of each vehicle at the time it is used or
operated in [violation of toll collection regulations] OR  UPON  A  TOLL
FACILITY.  For purposes of this section, the term "toll collection regu-
lations"  shall  mean: those rules and regulations of a public authority
providing  for  and  requiring  the  payment  of  tolls  and/or  charges
prescribed  by  such public authority for the use of bridges, tunnels or
highways under its jurisdiction or those  rules  and  regulations  of  a
public  authority  making it unlawful to refuse to pay or to evade or to
attempt to evade the payment of all or part of any  toll  and/or  charge
for  the  use  of bridges, tunnels or highways under the jurisdiction of
such public authority. For purposes of this section, the term  "vehicle"
shall  mean every device in, upon or by which a person or property is or
may be transported or drawn upon a highway, except devices  used  exclu-
sively upon stationary rails or tracks.
  S  4.  Subdivision 4 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  4. A certificate, sworn to or affirmed  by  an  agent  of  the  public
authority  which  charged  that  the  violation occurred, or a facsimile
thereof, based upon inspection of [photographs, microphotographs,  vide-
otape or other recorded images] DATA OR IMAGES produced by [a photo-mon-
itoring]  AN  ELECTRONIC  TOLL  COLLECTION system OR OTHER RECORDS MAIN-
TAINED BY OR ON BEHALF OF THE PUBLIC AUTHORITY REGARDING TOLL VIOLATIONS
shall be prima facie evidence of the facts contained therein  and  shall
be  admissible in any proceeding charging a violation of toll collection
regulations, provided that any [photographs, microphotographs, videotape
or other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing  such
a  violation  shall  be  available  for  inspection  and  admission into
evidence  in  any  proceeding  to  adjudicate  the  liability  for  such
violation.
  S  5.  Subdivision 5 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  5. An owner found liable for a  violation  of  toll  collection  regu-
lations  pursuant to this section shall for a first violation thereof be
liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER  CHARGES  AND

S. 2008                            22                            A. 3008

FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
dollars  or two times the toll evaded whichever is greater; for a second
violation thereof both within eighteen months be  liable  for  THE  FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary  penalty  not to exceed [one] TWO hundred dollars or five times
the toll  evaded  whichever  is  greater;  for  a  third  or  subsequent
violation  thereof  all  within  eighteen  months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred  [fifty]  dollars  or
ten times the toll evaded whichever is greater.
  S  6.  Paragraphs (a), (b) and (d) of subdivision 7 of section 2985 of
the public authorities law, as added by chapter 379 of the laws of 1992,
are amended to read as follows:
  (a) A notice of liability shall be sent by first class  mail  to  each
person  alleged  to  be  liable  as  an  owner  for  a violation of toll
collection regulations. Such notice shall be mailed no later than [thir-
ty] ONE HUNDRED TWENTY days after the alleged violation. Personal deliv-
ery on the owner shall not be required. A manual or automatic record  of
mailing prepared in the ordinary course of business shall be prima facie
evidence of the mailing of the notice.
  (b)  A  notice  of liability shall contain the name and address of the
person alleged to be  liable  as  an  owner  for  a  violation  of  toll
collection regulations pursuant to this section, the registration number
AND STATE OF REGISTRATION of the vehicle involved in such violation, the
[location where such violation took place, the date and time] LOCATIONS,
DATES AND TIMES of EACH USE OF THE FACILITY THAT FORMS THE BASIS OF such
violation,  THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES,
and the identification number of the [photo-monitoring] ELECTRONIC  TOLL
COLLECTION  system  which recorded the [violation] VEHICLE BEING USED OR
OPERATED ON THE TOLL FACILITY or other document locator number.
  (d) The notice of liability shall be prepared  and  mailed  by  OR  ON
BEHALF OF the public authority having jurisdiction over the toll facili-
ty where the violation of toll collection regulations occurred.
  S  7.  Subdivision 8 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  8. Adjudication of the liability imposed upon owners by  this  section
shall  be by the entity having jurisdiction over violations of the rules
and regulations of the public authority serving the notice of  liability
or  where  authorized  by  an administrative tribunal and all violations
shall be heard and determined in the county in which  the  violation  is
alleged  to  have  occurred, or in New York city and upon the consent of
both parties, in any county within New York city  in  which  the  public
authority  operates  or  maintains a facility, and in the same manner as
charges of other regulatory  violations  of  such  public  authority  or
pursuant to the rules and regulations of such administrative tribunal as
the  case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT ADJUDICATES
LIABILITY FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE  ASSESSED
TOLLS  AND  OTHER  CHARGES  AND FEES IN ADDITION TO THE MONETARY PENALTY
OWED, AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION  REGU-
LATIONS  WERE  VIOLATED  THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER
CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY.
  S 8. Subdivision 10 of section 2985 of the public authorities law,  as
amended  by  chapter  666  of  the  laws  of 1993, is amended to read as
follows:
  10. An owner who is a lessor  of  a  vehicle  to  which  a  notice  of
[liability]  USE OF THE TOLL FACILITY BY SUCH VEHICLE was issued [pursu-

S. 2008                            23                            A. 3008

ant to subdivision seven of this section] shall not be liable  for  [the
violation]  PAYMENT  of the [toll collection regulation] TOLLS AND OTHER
CHARGES AND FEES provided that he or she sends to the  public  authority
[serving  the    notice  of  liability  and to the court or other entity
having jurisdiction] OR ITS DULY AUTHORIZED AGENT  FOR  THIS  PURPOSE  a
copy  of the rental, lease or other such contract document covering such
vehicle on the date of [the violation] USE OF THE  TOLL  FACILITY,  with
the  name  and address of the lessee clearly legible, within thirty days
after receiving the [original] FIRST notice of [liability]  USE  OF  THE
TOLL  FACILITY BY SUCH VEHICLE.  Failure to send such information within
such thirty day time period shall render the lessor liable  for  PAYMENT
OF  the  TOLLS  AND OTHER CHARGES AND FEES AND ANY penalty prescribed by
this section. Where the lessor complies  with  the  provisions  of  this
subdivision,  the lessee of such vehicle on the date of such [violation]
USE OF THE TOLL FACILITY shall be deemed to be the owner of such vehicle
for purposes of this section and shall be [subject to liability for  the
violation  of  toll  collection  regulations,  provided that] LIABLE FOR
PAYMENT OF THE TOLLS AND OTHER CHARGES AND FEES, AND the public authori-
ty [mails a] OR ITS DULY AUTHORIZED AGENT FOR THIS  PURPOSE  SHALL  SEND
ANY  notice of liability to the lessee within [ten days after the court,
or other entity having jurisdiction, deems the lessee to be  the  owner]
ONE HUNDRED TWENTY DAYS AFTER THE VIOLATION IN ACCORDANCE WITH PARAGRAPH
(A) OF SUBDIVISION SEVEN OF THIS SECTION.  FOR PURPOSES OF THIS SUBDIVI-
SION  THE  TERM "NOTICE OF USE OF THE TOLL FACILITY" SHALL MEAN A NOTICE
OF DELINQUENCY ISSUED PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION, OR
A NOTICE OF VIOLATION ISSUED PURSUANT TO SUBDIVISION SEVENTEEN  OF  THIS
SECTION,  OR  A  TOLL INVOICE SEEKING TO COLLECT TOLLS AND OTHER CHARGES
ISSUED PURSUANT TO A TOLL COLLECTION REGULATION. For  purposes  of  this
subdivision  the term "lessor" shall mean any person, corporation, firm,
partnership, agency, association or organization engaged in the business
of renting or leasing vehicles to any lessee under a  rental  agreement,
lease or otherwise wherein the said lessee has the exclusive use of said
vehicle  for  any  period of time. For purposes of this subdivision, the
term "lessee" shall mean any  person,  corporation,  firm,  partnership,
agency,  association or organization that rents, leases or contracts for
the use of one or more vehicles and has exclusive use  thereof  for  any
period of time.
  S  9. Subdivision 11 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  11. Except as provided in subdivision ten of this section, if a person
receives a notice of liability pursuant to this section it  shall  be  a
valid  defense  to  an  allegation  of liability for a violation of toll
collection regulations that the individual who received  the  notice  of
liability  pursuant  to this section was not the owner of the vehicle at
the time the [violation occurred] OBLIGATION FOR PAYMENT OF THE TOLL AND
OTHER CHARGES WAS INCURRED.  If the owner liable for a violation of toll
collection regulations pursuant to this section was not the operator  of
the  vehicle  at  the  time  of the violation, the owner may maintain an
action for indemnification against the operator.
  S 10. Subdivision 12 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  12. "Electronic  toll  collection  system"  shall  mean  a  system  of
collecting  tolls  or  OTHER  charges  [which  is capable of charging an
account holder the appropriate toll or charge by transmission of  infor-
mation  from  an  electronic device on a motor vehicle to the toll lane,
which information is used to charge the account the appropriate toll  or

S. 2008                            24                            A. 3008

charge]  USING  ELECTRONIC  DATA AND IMAGES.  In adopting procedures for
the preparation and mailing of a notice of liability, the public author-
ity having jurisdiction over the toll facility shall adopt guidelines to
ensure  adequate  and  timely  notice  to all electronic toll collection
system account holders to inform them when  their  accounts  are  delin-
quent.  An  owner  who  is  an  account holder under the electronic toll
collection system shall not be found liable  for  a  violation  of  this
section  unless such authority has first sent a notice of delinquency to
such account holder and the account holder was in fact delinquent at the
time of the violation.
  S 11. Section 2985 of the public authorities law is amended  by adding
four new subdivisions 15, 16, 17 and 18 to read as follows:
  15.  IN ADDITION TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED  PURSU-
ANT  TO  THIS  SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGHWAY,
BRIDGE OR TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED  TO  IMPOSE
AN  ADMINISTRATIVE  FEE  OR  FEES ON AN OWNER, AN OPERATOR OR AN ACCOUNT
HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS.
  16. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION  BY  FIRST
CLASS  MAIL  MAY  INSTEAD  BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF
COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS
PREPARED IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE  EVIDENCE
OF ELECTRONIC NOTICE.
  17. IN ADOPTING PROCEDURES FOR THE PREPARATION AND SENDING OF A NOTICE
OF  LIABILITY,  THE  PUBLIC  AUTHORITY HAVING JURISDICTION OVER THE TOLL
FACILITY SHALL ADOPT GUIDELINES TO ENSURE ADEQUATE AND TIMELY NOTICE  TO
OWNERS  TO  INFORM  AN  OWNER  THAT  THE OWNER'S VEHICLE HAS USED A TOLL
FACILITY WITHOUT PAYING THE TOLL IN VIOLATION OF  THE  RULES  AND  REGU-
LATIONS  OF THE PUBLIC AUTHORITY. AN OWNER SHALL NOT BE FOUND LIABLE FOR
A VIOLATION OF THIS SECTION UNLESS  SUCH  AUTHORITY  HAS  FIRST  SENT  A
NOTICE OF VIOLATION TO SUCH OWNER.
  18. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE
AUTHORITY  ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH AN
ADMINISTRATIVE TRIBUNAL  TO  ADJUDICATE  THE  LIABILITY  OF  OWNERS  FOR
VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE
WITH  THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL REGULATIONS
OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION
OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS-
DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME
TO TIME BE ESTABLISHED  BY  SUCH  AUTHORITIES  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED IN
THE COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN  THE
COUNTY  IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL ADMIN-
ISTRATIVE OFFICES AND REGULATIONS MAY PROVIDE FOR THE CONDUCT  OF  HEAR-
INGS VIA VIDEOCONFERENCING.
  S  12.  Subdivision  2  of  section  87  of the public officers law is
amended by adding a new paragraph (o) to read as follows:
  (O) ARE DATA OR IMAGES  PRODUCED  BY  AN  ELECTRONIC  TOLL  COLLECTION
SYSTEM  UNDER AUTHORITY OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE
OF THE PUBLIC AUTHORITIES LAW.
  S 13. Subdivision 4-d of section 510 of the vehicle and  traffic  law,
as  added  by  chapter  379  of  the laws of 1992, is amended to read as
follows:
  4-d. Suspension of registration for failure to answer or pay penalties
with respect to certain violations. Upon the receipt of a  notification,
IN  THE  MANNER  AND  FORM  PRESCRIBED BY THE COMMISSIONER, from a court
[or], an administrative tribunal,  A  PUBLIC  AUTHORITY,  OR  ANY  OTHER

S. 2008                            25                            A. 3008

PUBLIC  ENTITY  IMPOSING  VIOLATIONS,  that  an owner of a motor vehicle
failed to appear on the  return  date  or  dates  or  a  new  subsequent
adjourned  date or dates or failed to pay any penalty imposed by a court
or  failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision or decisions,  in  response
to  [five]  THREE  or more notices of liability or other process, issued
within an eighteen month period FROM ANY AND ALL JURISDICTIONS  charging
such owner with a violation of toll collection regulations in accordance
with  the provisions of section two thousand nine hundred eighty-five of
the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, AND THAT THE OWNER HAS BEEN GIVEN WRITTEN NOTICE THAT THE
COURT, ADMINISTRATIVE TRIBUNAL, PUBLIC AUTHORITY  OR  ANY  OTHER  PUBLIC
ENTITY  IS  SEEKING  TO  HAVE  THE COMMISSIONER OR HIS OR HER AGENT TAKE
ACTION HEREUNDER, the commissioner or his OR HER agent shall suspend the
registration of the vehicle or vehicles involved in the violation or the
privilege of operation of any motor vehicle  owned  by  the  registrant.
Such suspension shall take effect no less than thirty days from the date
on  which notice thereof is sent by the commissioner to the person whose
registration or privilege is suspended and shall remain in effect  until
such registrant has appeared in response to such notices of liability or
has  paid such penalty or in the case of an administrative tribunal, the
registrant has complied with the rules  and  regulations  following  the
entry of a final decision or decisions.
  S  14. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 61 of the laws of 1989 and as renumbered  by  chapter
648  of the laws of 2006, is amended and a new subdivision 9 is added to
read as follows:
  8. [The] EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS  SECTION,  THE
violation of this section shall be punishable by a fine of not less than
twenty-five nor more than two hundred dollars.
  9.  THE  VIOLATION  OF  THIS  SECTION ON A TOLL HIGHWAY, BRIDGE AND/OR
TUNNEL FACILITY SHALL BE PUNISHABLE BY A  FINE  OF  NOT  LESS  THAN  ONE
HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS.
  S 15. Subdivision 5-a of section 401 of the vehicle and traffic law is
amended by adding a new paragraph b-1 to read as follows:
  B-1. IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL THER-
EOF  THERE  IS A CERTIFICATION, IN THE MANNER AND FORM PRESCRIBED BY THE
COMMISSIONER, FROM A COURT, AN ADMINISTRATIVE TRIBUNAL, A PUBLIC AUTHOR-
ITY OR ANY OTHER PUBLIC ENTITY IMPOSING VIOLATIONS, THAT THE  REGISTRANT
OR  HIS  OR  HER  REPRESENTATIVE  FAILED TO APPEAR ON THE RETURN DATE OR
DATES OR A NEW SUBSEQUENT ADJOURNED DATE OR DATES OR FAILED TO  PAY  ANY
PENALTY  IMPOSED BY A COURT OR FAILED TO COMPLY WITH THE RULES AND REGU-
LATIONS OF AN ADMINISTRATIVE TRIBUNAL FOLLOWING ENTRY OF A  FINAL  DECI-
SION  OR DECISIONS, IN RESPONSE TO THREE OR MORE NOTICES OF LIABILITY OR
OTHER PROCESS, ISSUED WITHIN AN EIGHTEEN MONTH PERIOD FROM ANY  AND  ALL
JURISDICTIONS   CHARGING  SUCH  REGISTRANT  WITH  A  VIOLATION  OF  TOLL
COLLECTION REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO
THOUSAND  NINE  HUNDRED  EIGHTY-FIVE  OF  THE  PUBLIC AUTHORITIES LAW OR
SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C  OF  CHAPTER  SEVEN  HUNDRED
SEVENTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED FIFTY, AND THAT THE REGIS-
TRANT HAS BEEN GIVEN  WRITTEN  NOTICE  THAT  THE  COURT,  ADMINISTRATIVE
TRIBUNAL, PUBLIC AUTHORITY OR ANY OTHER PUBLIC ENTITY IS SEEKING TO HAVE
THE  COMMISSIONER OR HIS OR HER AGENT TAKE ACTION HEREUNDER, THE COMMIS-
SIONER OR HIS OR HER AGENT SHALL DENY THE REGISTRATION OR RENEWAL APPLI-
CATION UNTIL THE APPLICANT PROVIDES PROOF FROM THE COURT OR  ADMINISTRA-

S. 2008                            26                            A. 3008

TIVE  TRIBUNAL  WHEREIN  THE  CHARGES  ARE PENDING THAT AN APPEARANCE OR
ANSWER HAS BEEN MADE OR IN THE CASE OF AN ADMINISTRATIVE  TRIBUNAL  THAT
HE  OR  SHE HAS COMPLIED WITH THE RULES AND REGULATIONS OF SAID TRIBUNAL
FOLLOWING  ENTRY  OF  A  FINAL  DECISION. WHERE AN APPLICATION IS DENIED
PURSUANT  TO  THIS  SECTION,  THE  COMMISSIONER  MAY,  IN  HIS  OR   HER
DISCRETION,  DENY  A  REGISTRATION  OR  RENEWAL APPLICATION TO ANY OTHER
PERSON FOR THE SAME VEHICLE AND  MAY  DENY  A  REGISTRATION  OR  RENEWAL
APPLICATION  FOR  ANY  OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE
APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT  SUCH  REGISTRANT'S
INTENT  HAS BEEN TO EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE THE
COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR
RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS  SUBDIVI-
SION.  SUCH  DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE SUMMONSES
REMAIN UNANSWERED, OR IN THE CASE OF  AN  ADMINISTRATIVE  TRIBUNAL,  THE
REGISTRANT  FAILS  TO  COMPLY  WITH  THE RULES AND REGULATIONS FOLLOWING
ENTRY OF A FINAL DECISION.
  S 16. The vehicle and traffic law is amended by adding a  new  section
518 to read as follows:
  S 518. RECIPROCAL AGREEMENTS CONCERNING SUSPENSION OR DENIAL OF REGIS-
TRATION  OF  A  MOTOR  VEHICLE  FOR  VIOLATIONS OF TOLL COLLECTION REGU-
LATIONS. 1. THE COMMISSIONER MAY EXECUTE A RECIPROCAL COMPACT OR  AGREE-
MENT  REGARDING  TOLL  COLLECTION  VIOLATIONS  WITH  THE  MOTOR  VEHICLE
ADMINISTRATOR OR OTHER AUTHORIZED OFFICIAL OF ANOTHER STATE  NOT  INCON-
SISTENT  WITH  THE PROVISIONS OF THIS CHAPTER. SUCH COMPACT OR AGREEMENT
SHALL PROVIDE THAT IF  A  REGISTRATION  OF  A  MOTOR  VEHICLE  WOULD  BE
SUSPENDED  PURSUANT TO SUBDIVISION FOUR-D OF SECTION FIVE HUNDRED TEN OF
THIS ARTICLE, OR PURSUANT TO A COMPARABLE LAW OR REGULATION  OF  ANOTHER
STATE,  OR  IF  THE  REGISTRATION OR RENEWAL OF A MOTOR VEHICLE WOULD BE
DENIED PURSUANT TO SUBDIVISION FIVE-A OF SECTION  FOUR  HUNDRED  ONE  OF
THIS  CHAPTER,  OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER
STATE, BECAUSE AN OWNER OF A MOTOR VEHICLE (A)  FAILED  TO  APPEAR,  (B)
FAILED  TO  PAY  ANY PENALTY IMPOSED BY A COURT, OR (C) FAILED TO COMPLY
WITH THE RULES AND REGULATIONS OF AN ADMINISTRATIVE  TRIBUNAL  FOLLOWING
ENTRY  OF  A  FINAL  DECISION  IN  RESPONSE  TO THREE OR MORE NOTICES OF
LIABILITY OF OTHER PROCESS ISSUED WITHIN  AN  EIGHTEEN-MONTH  PERIOD  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE OF THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  ONE  THROUGH
SIXTEEN  AND SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, OR WITH ANY COMPARA-
BLE LAW OR REGULATION OF ANOTHER  STATE,  THEN  THE  STATE  ISSUING  THE
REGISTRATION  SHALL LIKEWISE SUSPEND THE REGISTRATION OR DENY THE REGIS-
TRATION OR RENEWAL, UNTIL SUCH REGISTRANT OR APPLICANT HAS  APPEARED  IN
RESPONSE  TO SUCH NOTICES OF LIABILITY, OR HAS PAID SUCH PENALTY, OR, IN
THE CASE OF AN ADMINISTRATIVE TRIBUNAL, THE REGISTRANT OR APPLICANT  HAS
COMPLIED  WITH  THE RULES AND REGULATIONS FOLLOWING THE ENTRY OF A FINAL
DECISION OR DECISIONS.
  2. SUCH COMPACT OR AGREEMENT SHALL ALSO PROVIDE SUCH TERMS AND  PROCE-
DURES AS ARE NECESSARY AND PROPER TO FACILITATE ITS ADMINISTRATION.  ANY
SUCH  COMPACT  OR  AGREEMENT SHALL SPECIFY THE VIOLATIONS SUBJECT TO THE
COMPACT OR AGREEMENT, AND SHALL INCLUDE A  DETERMINATION  OF  COMPARABLE
VIOLATIONS  IN  EACH STATE IF ANY SUCH VIOLATIONS ARE OF A SUBSTANTIALLY
SIMILAR NATURE BUT ARE NOT DENOMINATED OR  DESCRIBED  IN  PRECISELY  THE
SAME WORDS IN EACH PARTY STATE.
  3.  THE  WORD  "STATE" WHEN USED IN THIS SECTION SHALL MEAN ANY STATE,
TERRITORY, A POSSESSION OF THE UNITED STATES, DISTRICT  OF  COLUMBIA  OR
ANY PROVINCE OF CANADA.

S. 2008                            27                            A. 3008

  S  17.  Paragraph b of subdivision 2 of section 240 of the vehicle and
traffic law, as added by chapter 715 of the laws of 1972, is amended  to
read as follows:
  b.  No  charge  may  be  established  except upon proof by substantial
evidence; EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE  WITH
SECTION  TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES
LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER  SEVEN
HUNDRED  SEVENTY-FOUR  OF  THE LAWS OF NINETEEN HUNDRED FIFTY, NO CHARGE
MAY BE ESTABLISHED EXCEPT UPON PROOF BY  PREPONDERANCE  OF  EVIDENCE  AS
SUBMITTED.
  S  18. Subdivision 10 of section 1209-a of the public authorities law,
as amended by chapter 379 of the laws of 1992, is  amended  to  read  as
follows:
  10.  Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER CHARGES
COLLECTED AND PAID TO THE TRIBOROUGH  BRIDGE  AND  TUNNEL  AUTHORITY  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE OF THIS CHAPTER, ALL penalties  collected  pursuant  to  the
provisions  of this section shall be paid to the authority to the credit
of a transit crime fund which the authority shall establish. Any sums in
this fund shall be used to pay for programs selected by the board of the
authority, in its discretion, to reduce  the  incidence  of  crimes  and
infractions on transit facilities, or to improve the enforcement of laws
against  such crimes and infractions. Such funds shall be in addition to
and not in substitution for any funds provided by the state or the  city
of New York for such purposes.
  S  19.  Section  1209-a  of  the  public authorities law is amended by
adding a new subdivision 11 to read as follows:
  11. NOTICE. ANY NOTICE OR COMMUNICATION REQUIRED TO BE  SENT  PURSUANT
TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT
BY  FIRST  CLASS  MAIL OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNI-
CATION.
  S 20. Section 2 of chapter 774 of the laws of 1950, relating to agree-
ing with the state of New Jersey with respect to rules  and  regulations
governing  traffic  on  vehicular  crossings operated by the port of New
York authority, is amended to read as follows:
  S 2. No traffic shall be permitted  in  or  upon  vehicular  crossings
except upon the payment of such tolls and other charges as may from time
to time be prescribed by the port authority. It is hereby declared to be
unlawful  for  any person to refuse to pay, or to evade or to attempt to
evade the payment of such tolls or other charges.  THE OBLIGATION TO PAY
SUCH TOLLS AND OTHER CHARGES IS INCURRED AT THE TIME OF  ENTRY  INTO  OR
USE OF THE PARTICULAR VEHICULAR CROSSING.
  S  21.  Section  16-a  of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to  rules  and  regu-
lations governing traffic on vehicular crossings operated by the port of
New  York  authority,  as  added  by chapter 379 of the laws of 1992, is
amended to read as follows:
  S 16-a. Owner liability for failure of operator to  comply  with  toll
collection  regulations of the port authority. Notwithstanding any other
provision of law and in accordance  with  the  provisions  of  [section]
SECTIONS  16-b  AND  16-C of this act, an owner of a vehicle may be held
liable for failure of an  operator  thereof  to  comply  with  the  toll
collection  regulations of the port authority of New York and New Jersey
(hereinafter called port authority). The owner of  a  vehicle  shall  be
liable  pursuant  to  this  section if such vehicle was used or operated
with the permission of the owner, express or implied,  in  violation  of

S. 2008                            28                            A. 3008

the  toll  collection  regulations  of  the  port  authority,  and  such
violation is evidenced by information obtained from  a  photo-monitoring
system,  provided,  however,  that no owner of a vehicle shall be liable
where  the operator of such vehicle has been convicted of a violation of
those toll collection regulations for the same incident.
  S 22. Section 16-b of chapter 774 of the laws  of  1950,  relating  to
agreeing  with  the  state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of the laws of 1992,  subdi-
vision  f  as  amended by chapter 666 of the laws of 1993, is amended to
read as follows:
  S 16-b. Imposition of liability for failure of operator to comply with
toll collection regulations of the port  authority.  The  liability  set
forth  in section 16-a of this act, shall be imposed upon an owner for a
violation by an operator of the toll collection regulations of the  port
authority  occurring  within  the territorial limits of the state of New
York in accordance with the following:
  a. For the purposes of this section AND SECTIONS 16-A AND 16-C OF THIS
ACT, the term "owner" shall mean any person,  corporation,  partnership,
firm,  agency, association, lessor, or organization who, [at the time of
the violation in any city in which a vehicle is operated] WHEN THE OBLI-
GATION TO PAY THE TOLL IS INCURRED:  (i) is the beneficial or  equitable
owner  of  such  vehicle; or (ii) has title to such vehicle; or (iii) is
the registrant or co-registrant of such vehicle which is registered with
the department of motor vehicles of  this  state  or  any  other  state,
territory,  district,  province,  nation  or other jurisdiction; or (iv)
subject to the limitations set forth in subdivision f of  this  section,
uses  such  vehicle  in its vehicle renting and/or leasing business; and
includes (v) a person entitled to the use and possession  of  a  vehicle
subject  to  a  security interest in another person. For the purposes of
this section, the term "operator" shall mean  any  person,  corporation,
firm, partnership, agency, association, organization or lessee that uses
or  operates  a vehicle with or without the permission of the owner, and
an owner who operates his or her own vehicle.    FOR  PURPOSES  OF  THIS
SECTION  AND  SECTION  16-A  OF  THIS  ACT,  THE  TERM  "ELECTRONIC TOLL
COLLECTION SYSTEM" SHALL MEAN A SYSTEM FOR  COLLECTING  TOLLS  OR  OTHER
CHARGES  USING ELECTRONIC DATA AND IMAGES. For purposes of this section,
the term "photo-monitoring system" shall mean a vehicle sensor installed
to work in conjunction with a toll collection  facility  which  automat-
ically produces one or more photographs, one or more microphotographs, a
videotape,  or  other  recorded images of each vehicle at the time it is
used or operated in [violation of the toll collection regulations of the
port authority] OR UPON VEHICULAR CROSSINGS OPERATED BY THE PORT AUTHOR-
ITY. For purposes of this section AND SECTIONS 16-A  AND  16-C  OF  THIS
ACT,  the term "toll collection regulations of the port authority" shall
refer to the traffic  regulations  for  interstate  vehicular  crossings
operated by the port authority as set forth in this chapter and in chap-
ter 192 of the laws of New Jersey of 1950, and specifically that section
of the laws which prohibits traffic in or upon vehicular crossings oper-
ated  by  the  port  authority except upon the payment of such tolls and
other charges as may from time to time be prescribed by the port author-
ity and which further makes it unlawful for any person to refuse to pay,
or to evade or to attempt to evade the payment of such  tolls  or  other
charges.  For purposes of this section AND SECTION 16-A OF THIS ACT, the
term "vehicle" shall mean every device in, upon, or by which a person or

S. 2008                            29                            A. 3008

property  is  or  may  be  transported  or drawn upon a highway[, except
devices used exclusively upon stationary rails or tracks].
  b. A certificate, sworn to or affirmed by an agent of the port author-
ity,  or  a  facsimile  thereof,  based upon inspection of [photographs,
microphotographs, videotape or other recorded  images]  DATA  OR  IMAGES
produced  by  [a photo-monitoring system] ITS ELECTRONIC TOLL COLLECTION
SYSTEM OR OTHER RECORDS MAINTAINED BY OR ON BEHALF OF THE PORT AUTHORITY
REGARDING TOLL VIOLATIONS shall be prima facie  evidence  of  the  facts
contained  therein  and shall be admissible in any proceeding charging a
violation of toll collection regulations of the port authority, provided
that any [photographs, microphotographs,  videotape  or  other  recorded
images]  SUCH DATA, IMAGES, OR RECORDS evidencing such a violation shall
be available for inspection and admission into evidence in any  proceed-
ing to adjudicate the liability for such violation.
  c.  An imposition of liability pursuant to this section shall be based
upon a preponderance of evidence as submitted. An imposition of  liabil-
ity  pursuant  to  this  section  shall not be deemed a conviction of an
operator and shall not be made  part  of  the  motor  vehicle  operating
record,  furnished  pursuant  to  section 354 of the vehicle and traffic
law, of the person upon whom such liability is imposed nor shall  it  be
used  for insurance purposes in the provision of motor vehicle insurance
coverage.
  d. (i) A notice of liability shall be sent by  first  class  mail  OR,
WITH  CONSENT,  BY  ELECTRONIC  MEANS  OF  COMMUNICATION  to each person
alleged to be liable [as an owner] for  a  violation  pursuant  to  this
section  of  the toll collection regulations of the port authority. Such
notice shall be [mailed] SENT no later than [thirty] ONE HUNDRED  TWENTY
days after the alleged violation. Personal delivery [on the owner] shall
not  be  required. A manual or automatic record of [mailing] SENDING THE
NOTICE prepared in the ordinary course of business shall be prima  facie
evidence of the [mailing] SENDING of the notice.
  (ii)  A  notice of liability shall contain the name and address of the
person alleged to be liable [as an owner] for a violation  of  the  toll
collection  regulations  of the port authority pursuant to this section,
the registration  number  AND  STATE  OF  REGISTRATION  of  the  vehicle
involved  in  such  violation,  the  [location where such violation took
place, the date and time] LOCATIONS, DATES AND TIMES OF EACH USE OF  THE
VEHICULAR CROSSING THAT FORMS THE BASIS of such violation, THE AMOUNT OF
THE  ASSESSED  TOLLS AND OTHER CHARGES, and the identification number of
the [photo-monitoring system] ELECTRONIC TOLL  COLLECTION  SYSTEM  which
recorded the [violation] USE or other document locator number.
  (iii)  The  notice of liability shall contain information advising the
person charged of the manner and the time in which he  may  contest  the
liability  alleged  in  the  notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to  contest
in  the manner and time provided shall be deemed an admission of liabil-
ity and that a default judgment may be entered thereon.
  (iv) The notice of liability shall be prepared and  [mailed]  SENT  by
the port authority or its duly authorized agent.
  e. If an owner receives a notice of liability pursuant to this section
for  any time period during which the vehicle was reported to the police
department as having been stolen, it shall be  a  valid  defense  to  an
allegation  of  liability  for  a violation of the toll collection regu-
lations of the port authority that the vehicle had been reported to  the
police  as  stolen  prior to the time the violation occurred and had not
been recovered by such time. If an owner receives a notice of  liability

S. 2008                            30                            A. 3008

pursuant  to  this  section for any time period during which the vehicle
was stolen, but not as yet reported to the police as having been stolen,
it shall be a  valid  defense  to  an  allegation  of  liability  for  a
violation  of toll collection regulations of the port authority pursuant
to this section that the vehicle was reported as stolen within two hours
after discovery of the theft by the owner. For purposes of asserting the
defense provided by this subdivision, it  shall  be  sufficient  that  a
certified  copy  of  the  police report on the stolen vehicle be sent by
first class mail to the court or other entity having jurisdiction.
  f. An owner, as defined in subdivision a of this  section,  who  is  a
lessor  of a vehicle to which a notice of [liability] USE OF THE VEHICU-
LAR CROSSING BY SUCH VEHICLE was issued [pursuant to  subdivision  d  of
this  section]  shall  not be liable [pursuant to this section] for [the
violation of the toll collection  regulations  of  the  port  authority]
PAYMENT  OF THE TOLLS AND OTHER CHARGES AND FEES provided that he or she
sends to the port authority [serving the notice of liability and to  the
court  or other entity having jurisdiction] OR ITS DULY AUTHORIZED AGENT
FOR THIS PURPOSE a copy of the rental,  lease  or  other  such  contract
document covering such vehicle on the date of the [violation] USE OF THE
VEHICULAR  CROSSING,  with  the  name  and address of the lessee clearly
legible, within thirty days after receiving from the port  authority  or
its  duly  authorized  agent  [the  original] FOR THIS PURPOSE THE FIRST
notice of [liability] USE OF THE VEHICULAR  CROSSING  BY  SUCH  VEHICLE.
Failure  to  send  such  information  within such thirty day time period
shall render the lessor liable for PAYMENT OF the TOLLS AND OTHER CHARG-
ES AND FEES AND ANY penalty prescribed by this section. Where the lessor
complies with the provisions of this subdivision,  the  lessee  of  such
vehicle  on  the  date of such [violation] USE OF THE VEHICULAR CROSSING
shall be deemed to be the owner of such vehicle  for  purposes  of  this
section  and  shall  be  [subject to liability for the violation of toll
collection regulations of the port authority provided that]  LIABLE  FOR
PAYMENT  OF THE TOLLS AND OTHER CHARGES AND FEES, AND the port authority
or its duly authorized agent [mails a] SHALL SEND ANY notice of  liabil-
ity  to  the  lessee  within  [ten days after the court, or other entity
having jurisdiction, deems the lessee to be the owner] ONE HUNDRED TWEN-
TY DAYS AFTER THE VIOLATION IN ACCORDANCE WITH  SUBDIVISION  D  OF  THIS
SECTION.    FOR  PURPOSES OF THIS SUBDIVISION THE TERM "NOTICE OF USE OF
THE VEHICULAR CROSSING" SHALL MEAN A NOTICE OF DELINQUENCY OR  A  NOTICE
OF  VIOLATION ISSUED PURSUANT TO SUBDIVISION H OF THIS SECTION OR A TOLL
INVOICE SEEKING TO COLLECT TOLLS AND OTHER CHARGES  ISSUED  PURSUANT  TO
TOLL  COLLECTION REGULATIONS OF THE PORT AUTHORITY. For purposes of this
subdivision the term "lessor" shall mean any person, corporation,  firm,
partnership, agency, association or organization engaged in the business
of  renting  or leasing vehicles to any lessee under a rental agreement,
lease or otherwise wherein the said lessee has the exclusive use of said
vehicle for any period of time. For the purposes  of  this  subdivision,
the term "lessee" shall mean any person, corporation, firm, partnership,
agency,  association or organization that rents, leases or contracts for
the use of one or more vehicles and has exclusive use  thereof  for  any
period of time.
  g.  Except  as  provided in subdivision f of this section, if a person
receives a notice of liability pursuant to this section it  shall  be  a
valid  defense  to  an  allegation  of liability for a violation of toll
collection regulations of the port authority  that  the  individual  who
received  the  notice  of liability pursuant to this section was not the
owner of the vehicle at the time the [violation] USE  OF  THE  VEHICULAR

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CROSSING  occurred.  If  the  owner  liable  for a violation of the toll
collection regulations of the port authority pursuant  to  this  section
was  not  the operator of the vehicle at the time of the [violation] USE
OF THE VEHICULAR CROSSING, the owner may maintain an action for indemni-
fication  against the operator. The operator of the vehicle may apply to
the court or other entity having jurisdiction to adjudicate the  liabil-
ity  imposed  under  this  section  to  accept  responsibility  for  the
violation and satisfactorily discharge all  applicable  tolls,  charges,
FEES, and penalties related to the violation.
  h.  ["Electronic  toll  collection  system"  shall  mean  a  system of
collecting tolls or charges which is  capable  of  charging  an  account
holder  the  appropriate  toll  or charge by transmission of information
from an electronic device on a motor vehicle to  the  toll  lane,  which
information  is  used  to  charge  the  account  the appropriate toll or
charge.] In adopting procedures for the preparation and [mailing]  SEND-
ING  of a notice of liability, the port authority or its duly authorized
agent shall adopt guidelines [to ensure] FOR SENDING BY FIRST CLASS MAIL
OR, WITH CONSENT, BY ELECTRONIC MEANS  OF  COMMUNICATION,  adequate  and
timely  notice  to all electronic toll collection system account holders
to inform them when their accounts are delinquent AS  WELL  AS  ADEQUATE
AND  TIMELY NOTICE TO OWNERS TO INFORM AN OWNER THAT THE OWNER'S VEHICLE
HAS USED A VEHICULAR CROSSING WITHOUT PAYING THE TOLL  IN  VIOLATION  OF
THE  TOLL  COLLECTION  REGULATIONS OF THE PORT AUTHORITY. AN OWNER SHALL
NOT BE FOUND LIABLE FOR A VIOLATION OF THIS SECTION UNLESS SUCH AUTHORI-
TY OR ITS DULY AUTHORIZED AGENT HAS FIRST SENT A NOTICE OF VIOLATION  TO
SUCH  OWNER. An owner who is an account holder under the electronic toll
collection system shall not be found liable  for  a  violation  of  this
section  unless such authority has first sent a notice of delinquency to
such account holder and the account holder was in fact delinquent at the
time of the violation.
  i. Nothing in this section shall be construed to limit  the  liability
of  an  operator  of OR THE ACCOUNT HOLDER ASSOCIATED WITH a vehicle for
any violation of the toll collection regulations of the port  authority.
Nothing  in  this section shall authorize or preclude the port authority
from excluding from any of its facilities, in its sole  discretion,  any
or  all  vehicles found liable under this section as well as other vehi-
cles owned or operated by the owner or operator  of  OR  ACCOUNT  HOLDER
ASSOCIATED WITH such vehicle.
  j. Notwithstanding any other provision of law, all photographs, micro-
photographs,  videotape  or  other  recorded images prepared pursuant to
this section shall be for the exclusive use of the port authority in the
discharge of its duties under this section and shall not be open to  the
public  nor  be  used  in  any court in any action or proceeding pending
therein unless such action or proceeding relates to the imposition of or
indemnification for liability pursuant to this section. The port author-
ity or its duly authorized agent shall  not  sell,  distribute  or  make
available  in  any  way,  the  names  and  addresses  of electronic toll
collection system account holders,  or  any  information  compiled  from
transactions  with  such  account holders, without such account holders'
consent to any entity that will use such information for any  commercial
purpose  provided  that the foregoing restriction shall not be deemed to
preclude the exchange of such  information  between  any  entities  with
jurisdiction  over  and or operating a toll highway bridge and/or tunnel
facility.
  S 23. Section 16-c of chapter 774 of the laws  of  1950,  relating  to
agreeing  with  the  state of New Jersey with respect to rules and regu-

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lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of  the  laws  of  1992,  is
amended to read as follows:
  S  16-c.  Adjudication  of  liability.  Adjudication  of the liability
imposed upon an owner by section 16-a of this act for a violation of the
toll collection regulations of the port authority occurring  within  the
territorial  limits of the state of New York shall be in accordance with
the vehicle and traffic law of New York as set forth  in  sections  235,
236,  237, 239, 240, 241, 242, 401, 402, 510 and 1809 of such law, or by
such entity having jurisdiction over violations of the  toll  collection
regulations  of  the  port  authority  occurring  within the territorial
limits of the state of New York, provided that all violations  shall  be
heard and determined in the county in which [the violation is alleged to
have occurred, or by consent of both parties,] OBLIGATION FOR PAYMENT OF
THE  TOLLS  OR OTHER CHARGES WAS INCURRED, OR in any county in the state
of New York in which the port authority operates or maintains a  facili-
ty. An owner found liable for a violation of toll collection regulations
pursuant  to  this section shall for a first violation thereof be liable
for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND  FEES  IN
ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars
or  two  times  the  toll  evaded  whichever  is  greater;  for a second
violation thereof both within eighteen months be  liable  for  THE  FULL
AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] TWO hundred dollars or  five  times
the  toll  evaded  whichever  is  greater;  for  a  third  or subsequent
violation thereof all within eighteen months  be  liable  for  THE  FULL
AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred  [fifty]  dollars  or
ten  times the toll evaded whichever is greater.  THE FULL AMOUNT OF THE
ASSESSED TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF SUCH  MONETARY
PENALTIES  COLLECTED  SHALL BE PAID TO THE PORT AUTHORITY; THE REMAINING
HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE RETAINED OR  DISTRIB-
UTED  BY THE TRIBUNAL OR ENTITY ADJUDICATING THE VIOLATION IN ACCORDANCE
WITH EXISTING LAW.
  S 24. This act shall take effect on  the  one  hundred  twentieth  day
after it shall have become a law.

                                 PART L

  Section  1.  Subdivision  6  of section 1209 of the public authorities
law, as amended by chapter 98 of the laws of 2011, is amended to read as
follows:
  6. The provisions of subdivisions one, two, three  and  four  of  this
section  shall  not  be  applicable  to any procurement by the authority
commenced during the period from the effective date of this  subdivision
until  December  thirty-first, nineteen hundred ninety-one or during the
period from December sixteenth, nineteen hundred ninety-three until June
thirtieth, two thousand [fifteen] NINETEEN; and the provisions of subdi-
visions seven, eight, nine, ten, eleven, twelve  and  thirteen  of  this
section  shall  only  apply  to  procurements by the authority commenced
during such periods. The provisions of such subdivisions one, two, three
and four shall apply to procurements by the authority  commenced  during
the period from December thirty-first, nineteen hundred ninety-one until
December  sixteenth,  nineteen hundred ninety-three, and to procurements
by the authority  commenced  on  and  after  July  first,  two  thousand
[fifteen]  NINETEEN.  Notwithstanding  the  foregoing, the provisions of

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such subdivisions one, two, three and four shall apply to (i) the  award
of  any contract of the authority if the bid documents for such contract
so provide and such bid documents are issued within sixty  days  of  the
effective  date  of  this  subdivision  or within sixty days of December
sixteenth, nineteen hundred ninety-three, or (ii) for a  period  of  one
hundred eighty days after the effective date of this subdivision, or for
a  period  of one hundred eighty days after December sixteenth, nineteen
hundred ninety-three, the award of any contract for which an  invitation
to  bid, solicitation, request for proposal, or any similar document has
been issued by the authority prior to the effective date of this  subdi-
vision  or  during the period from January first, nineteen hundred nine-
ty-two until December fifteenth, nineteen hundred ninety-three.
  S 2. Subdivision 1 of section 1265-a of the public authorities law, as
amended by chapter 98 of the  laws  of  2011,  is  amended  to  read  as
follows:
  1.  The provisions of this section shall only apply to procurements by
the authority commenced during the period  from  April  first,  nineteen
hundred eighty-seven until December thirty-first, nineteen hundred nine-
ty-one,  and during the period from December sixteenth, nineteen hundred
ninety-three until June  thirtieth,  two  thousand  [fifteen]  NINETEEN;
provided,  however,  that the provisions of this section shall not apply
to (i) the award of any contract of the authority if the  bid  documents
for  such  contract  so provide and such bid documents are issued within
sixty days of the effective date of this section or within sixty days of
December sixteenth, nineteen hundred ninety-three, or (ii) for a  period
of  one  hundred eighty days after the effective date of this section or
for a period of one hundred eighty days after December sixteenth,  nine-
teen  hundred ninety-three, the award of any contract for which an invi-
tation to bid, solicitation, request for proposal, or any similar  docu-
ment  has  been  issued  by the authority prior to the effective date of
this section or during the period from January first,  nineteen  hundred
ninety-two until December sixteenth, nineteen hundred ninety-three.
  S 3. This act shall take effect immediately.

                                 PART M

  Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York  state  urban  development
corporation  act, as amended by section 1 of part Z of chapter 57 of the
laws of 2014, is amended to read as follows:
  3. The provisions of this section shall  expire,  notwithstanding  any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2015] 2016.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2015.

                                 PART N

  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 AA of chapter 57 of the laws  of  2014,  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, [2015]  2016,  at  which
time the provisions of subdivision 26 of section 5 of the New York state

S. 2008                            34                            A. 3008

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 July 1, 2015.

                                 PART O

  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, 2015.

                                 PART P

  Section 1. Expenditures of moneys by the energy research and  develop-
ment  authority for services and expenses of the energy research, devel-
opment and demonstration program, including grants,  the  energy  policy
and  planning  program,  and the Fuel NY program shall be subject to the
provisions of this section. Notwithstanding the provisions  of  subdivi-
sion 4-a of section 18-a of the public service law, all moneys committed
or  expended  in an amount not to exceed $19,700,000 shall be reimbursed
by assessment against gas corporations, as defined in subdivision 11  of
section 2 of the public service law and electric corporations as defined
in subdivision 13 of section 2 of the public service law, where such gas
corporations  and  electric corporations have gross revenues from intra-
state utility operations in excess of $500,000 in the preceding calendar
year, and the total amount which may be charged to any  gas  corporation
and  any electric 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 2013. Such amounts shall  be  excluded  from  the  general
assessment  provisions  of  subdivision  2 of section 18-a of the public
service law. The chair of the public service commission shall bill  such
gas  and/or  electric  corporations for such amounts on or before August
10, 2015 and such amounts shall be  paid  to  the  energy  research  and
development authority on or before September 10, 2015. Upon receipt, the
energy  research  and  development authority shall deposit such funds in
the energy research and development operating fund established  pursuant
to  section  1859 of the public authorities law. The energy research and
development authority is authorized and directed  to:  (1)  transfer  $1
million  to  the  state  general  fund  for services and expenses of the
department of environmental conservation and to transfer $691,000 to the
University of Rochester laboratory for laser energetics from  the  funds
received; and (2) commencing in 2016, provide to the chair of the public
service  commission  and the director of the budget, on or before August
first of each year, an itemized record, certified by the  president  and
chief  executive  officer  of  the  authority,  or  his or her designee,
detailing any and all expenditures and commitments ascribable to  moneys
received  as  a result of this assessment by the chair of the department
of public service pursuant to section 18-a of the  public  service  law.
Any  such  amount not committed by such authority to contracts or other-

S. 2008                            35                            A. 3008

wise expended by the authority during the fiscal year shall be  refunded
by such authority on a pro-rata basis to such gas and/or electric corpo-
rations,  in  a  manner  to  be  determined  by 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, 2015.

                                 PART Q

  Section 1. Section 312-a of the executive law, as amended  by  chapter
175 of the laws of 2010, is amended to read as follows:
  S  312-a.  Study  of  minority  and  women-owned  business  enterprise
programs. 1. The director of the division of  minority  and  women-owned
business  development  in  the  department  of  economic  development is
authorized and directed to  recommission  a  statewide  disparity  study
regarding  the participation of minority and women-owned business enter-
prises in state contracts since the amendment  of  this  article  to  be
delivered  to  the  governor  and  legislature  no  later  than February
fifteenth, two  thousand  [sixteen]  SEVENTEEN.    The  study  shall  be
prepared by an entity independent of the department and selected through
a request for proposal process. The purpose of such study is:
  (a)  to  determine  whether there is a disparity between the number of
qualified minority and women-owned businesses ready, willing and able to
perform state contracts for commodities, services and construction,  and
the  number  of  such  contractors  actually  engaged  to  perform  such
contracts, and to determine what changes, if  any,  should  be  made  to
state  policies affecting minority and women-owned business enterprises;
and (b) to determine whether there is a disparity between the number  of
qualified  minorities and women ready, willing and able, with respect to
labor markets, qualifications and other relevant factors, to participate
in contractor employment, management level bodies, including  boards  of
directors,  and as senior executive officers within contracting entities
and the number of such group members  actually  employed  or  affiliated
with  state  contractors in the aforementioned capacities, and to deter-
mine what changes, if any, should be made to  state  policies  affecting
minority  and  women group populations with regard to state contractors'
employment and appointment practices relative to diverse group  members.
Such  study  shall  include,  but  not be limited to, an analysis of the
history of minority and women-owned  business  enterprise  programs  and
their effectiveness as a means of securing and ensuring participation by
minorities and women, and a disparity analysis by market area and region
of  the  state.  Such  study  shall  distinguish between minority males,
minority females and non-minority females in the statistical analysis.
  2. The director of the division of minority and  women-owned  business
development  is directed to transmit the disparity study to the governor
and the legislature not later  than  February  fifteenth,  two  thousand
[sixteen] SEVENTEEN, and to post the study on the website of the depart-
ment of economic development.
  S  2. The opening paragraph of subdivision (h) of section 121 of chap-
ter 261 of the laws of 1988, amending the state finance  law  and  other
laws  relating  to  the  New  York  state  infrastructure trust fund, as
amended by chapter 175 of the laws  of  2010,  is  amended  to  read  as
follows:
  The  provisions  of  section  sixty-two  through sixty-six of this act
shall expire on December thirty-first, two thousand [sixteen] SEVENTEEN,
except that:

S. 2008                            36                            A. 3008

  S 3. This act shall take effect immediately; provided,  however,  that
the amendments to section 312-a of the executive law made by section one
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith.

                                 PART R

  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, expenses of the department of health public service  education
program  incurred  pursuant  to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2015.

                                 PART S

  Section  1.  Section  2  of part BB of chapter 58 of the laws of 2012,
amending the public authorities law relating to authorizing the dormito-
ry authority to enter into certain design  and  construction  management
agreements,  as amended by section 1 of part W of chapter 57 of the laws
of 2014, is amended to read as follows:
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed April 1, [2015] 2017.
  S  2.  Within 90 days of the effective date of this act, the dormitory
authority of the state of New York  shall  provide  a  report  providing
information  regarding  any  project undertaken pursuant to a design and
construction management agreement, as authorized by part BB  of  chapter
58  of the laws of 2012, between the dormitory authority of the state of
New York and the department of  environmental  conservation  and/or  the
office  of  parks, recreation and historic preservation to the governor,
the temporary president of the senate and speaker of the assembly.  Such
report  shall  include  but not be limited to a description of each such
project, the project identification number  of  each  such  project,  if
applicable, the projected date of completion, the status of the project,
the total cost or projected cost of each such project, and the location,
including  the  names  of  any county, town, village or city, where each
such project is located or proposed. In addition, such a report shall be
provided to the aforementioned parties by the first day of March of each
year that the authority to enter into such agreements pursuant  to  part
BB of chapter 58 of the laws of 2012 is in effect.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in effect on and after April 1, 2015.

                                 PART T

  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 N of chapter 57 of the laws of 2014,  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, [2015]
2016.

S. 2008                            37                            A. 3008

  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, 2015.

                                 PART U

  Section 1. Subdivision 2 of section 446-b of the real property law, as
amended  by  chapter  61  of  the  laws  of  1989, is amended to read as
follows:
  2. The application for such license shall be filed in  the  office  of
the secretary of state on such forms as the secretary may prescribe [and
shall be accompanied by a fee of four hundred dollars].
  S 2. Subdivision 3 of section 446-b of the real property law, as added
by chapter 805 of the laws of 1980, is amended to read as follows:
  3. When the apartment information vendor maintains more than one place
of  business,  he  shall  apply  for  [and  the secretary shall issue] a
supplemental license for each branch office so maintained [upon  payment
of  a  fee of two hundred fifty dollars for each supplemental license so
issued]. Supplemental licenses shall be conspicuously displayed in  each
branch  office.  The  display of an expired license by any person, firm,
partnership or corporation is a violation  of  the  provisions  of  this
article.
  S  3.  Subdivision  5  of  section  446-b of the real property law, as
amended by chapter 805 of the laws  of  1980,  is  amended  to  read  as
follows:
  5.  Any license granted under the provisions hereof may be renewed for
one year by the secretary upon application therefor by  the  holder,  in
such  form as the secretary may prescribe[, and payment of a two hundred
fifty dollar fee for such license]. The secretary may dispense with  the
requirement  for  the  filing of such statements as was contained in the
original application for license.
  S 4. Subdivision 2 of section 446-d  of  the  real  property  law,  as
amended  by  chapter  805  of  the  laws  of 1980, is amended to read as
follows:
  2. The secretary shall be notified in writing at his OR HER office  in
Albany  of  any change of a licensee's business address or name, and the
secretary shall issue a license for the unexpired term, upon  return  of
the  original  license  [and  the payment of a fee of twenty dollars]. A
licensee who fails to notify the secretary of  any  change  in  business
address or name within ten days shall forfeit his OR HER license.
  S 5. This act shall take effect immediately.

                                 PART V

  Section  1. Section 219 of the agriculture and markets law, as amended
by chapter 122 of the laws of 1988, is amended to read as follows:
  S 219. Application [and  fee].  Application  for  license  as  a  food
salvager[,]  SHALL  BE MADE upon a form prescribed by the commissioner[,
shall be made on or before June  first  in  every  other  year  for  the
license  period  beginning  July  first  following]. The applicant shall
satisfy the commissioner of his OR HER character and that he OR SHE  has
adequate physical facilities for salvaging food and food products. If so
satisfied,  the  commissioner  shall  [upon  receipt of the license fee]
issue to the applicant  a  [license  which  shall  be]  non-transferable
LICENSE,  WHICH  WILL  EXPIRE  ON THE THIRTIETH OF JUNE OF THE NEXT EVEN
NUMBERED YEAR FOLLOWING ITS ISSUANCE. [The biennial license fee shall be
one hundred dollars.] APPLICATION FOR RENEWAL  OF  SUCH  LICENSE  FOR  A

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PERIOD  OF TWO YEARS SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY
THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS  PRIOR  TO  THE
EXPIRATION  OF  THE  EXISTING LICENSE. Where a person operates more than
one salvage warehouse a separate license is required for each location.
  S  2.  Section  231  of the agriculture and markets law, as amended by
section 7 of part I1 of chapter 62 of the laws of 2003,  is  amended  to
read as follows:
  S 231. Licenses,  issuance of. No person or corporation shall maintain
or  operate  any  refrigerated  warehouse  and/or  locker  plant  unless
licensed  by  the commissioner. Application[,] SHALL BE MADE upon a form
prescribed by the commissioner[, shall be made on  or  before  September
first of every other year for the license period beginning October first
following]. The applicant shall satisfy the commissioner of his or [its]
HER  character,  financial  responsibility,  and competency to operate a
refrigerated warehouse or locker plant. The commissioner, if  so  satis-
fied,  shall[,  upon  receipt  of the license fee or fees,] issue to the
applicant a license or licenses [to operate the  refrigerated  warehouse
or warehouses or locker plant or locker plants described in the applica-
tion  until the first day of October] WHICH WILL EXPIRE ON THE THIRTIETH
OF SEPTEMBER of the NEXT ODD NUMBERED year following [the year in  which
such  license was issued] ITS ISSUANCE.  [The biennial license fee shall
be two hundred dollars for each  refrigerated  warehouse.  If  a  locker
plant  is operated as part of a refrigerated warehouse and upon the same
premises, no additional license fee shall be required.] APPLICATION  FOR
RENEWAL  OF  SUCH LICENSE OR LICENSES FOR A PERIOD OF TWO YEARS SHALL BE
MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND  SUBMIT-
TED  NO  LATER  THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING
LICENSE OR LICENSES.
  S 3. Section 96-z-2 of the agriculture and markets law,  as  added  by
chapter 391 of the laws of 1968, is amended to read as follows:
  S 96-z-2. Application [and fees]. Application for a license to operate
a  disposal plant or transportation service[,] SHALL BE MADE upon a form
prescribed by the commissioner[, shall be made on  or  before  September
first  in each year for the license year beginning October first follow-
ing]. The applicant shall satisfy the commissioner of his OR HER charac-
ter and that he OR SHE has adequate physical facilities for  the  opera-
tion of a disposal plant or transportation service. If so satisfied, the
commissioner shall [upon payment of the license fee] issue to the appli-
cant  a  NON-TRANSFERABLE license which [shall be non-transferable] WILL
EXPIRE ON THE THIRTIETH DAY OF SEPTEMBER OF THE NEXT EVEN NUMBERED  YEAR
FOLLOWING  ITS ISSUANCE.   APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A FORM  PRESCRIBED  BY
THE  COMMISSIONER  AND  SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
EXPIRATION OF THE EXISTING  LICENSE.  [The  annual  license  fee  for  a
disposal  plant  shall be one hundred dollars, plus an inspection fee of
ten dollars for each vehicle. The annual license fee for  a  transporta-
tion service shall be twenty-five dollars, plus an inspection fee of ten
dollars for each vehicle.]
  S  4.  Section 128-a of the agriculture and markets law, as amended by
chapter 451 of the laws of 2008, subdivisions 4, 5, 6, 7,  8  and  9  as
renumbered  by section 2 of part N of chapter 58 of the laws of 2012, is
amended to read as follows:
  S 128-a. Licenses. 1. No person shall manufacture any commercial  feed
in  this state unless such person holds a license issued therefor by the
commissioner. [Notwithstanding the foregoing, a person, in operation  on
or  before the effective date of this section, who has filed an applica-

S. 2008                            39                            A. 3008

tion for an initial license under this section shall  be  authorized  to
operate  without  such  license  until the commissioner grants or, after
notice and opportunity to be heard, declines  to  grant  such  license.]
Each  application  for a license shall be made on a form supplied by the
department and shall contain such information as may be required by  the
department.  A  LICENSE  ISSUED  ON OR BEFORE THE THIRTIETH OF JUNE WILL
EXPIRE ON THE THIRTY-FIRST OF DECEMBER OF THE YEAR OF ITS ISSUANCE,  AND
IF  ISSUED  BETWEEN JULY FIRST AND DECEMBER THIRTY-FIRST, WILL EXPIRE ON
THE THIRTY-FIRST DAY OF DECEMBER IN THE  YEAR  FOLLOWING  ITS  ISSUANCE.
Renewal  applications  shall  be  [submitted to] MADE ANNUALLY ON A FORM
PRESCRIBED BY the commissioner [at least] AND SUBMITTED  NO  LATER  THAN
thirty days prior to the [commencement of the next license year] EXPIRA-
TION OF THE EXISTING LICENSE.
  2.  The  commissioner may deny any application for a license or revoke
any license when granted, after written notice to the applicant  and  an
opportunity to be heard, when:
  (a) any statement in the application or upon which it was issued is or
was false or misleading;
  (b)  facilities  of  the  applicant  are not maintained in a manner as
required by rules and regulations duly promulgated by the commissioner;
  (c) the maintenance and operation of the establishment of  the  appli-
cant  is  such  that  the  commercial feed produced therein is or may be
adulterated, misbranded, or not maintained in any manner as required  by
this article;
  (d)  the  applicant  or  licensee, or an officer, director, partner or
holder of ten per centum or more of the voting stock of the applicant or
licensee, has failed to comply with any of the provisions of this  arti-
cle or rules and regulations promulgated pursuant thereto; or
  (e)  the applicant or licensee is a partnership or corporation and any
individual holding any position or interest or power of control  therein
has  previously  been  responsible  in  whole  or in part for any act on
account of which an application for licensure may be denied or a license
revoked pursuant to the provisions of this article.
  3. [Each application for an initial license shall be accompanied by  a
non-refundable  fee  of  one  hundred  dollars.  The  commissioner shall
prorate the license fee for any person applying for an  initial  license
after the commencement of the licensing period. Licenses shall be renew-
able  annually thereafter, together with the payment of a non-refundable
fee of fifty dollars.
  4.] Inspection in accordance with section one hundred thirty-five-a of
this article,  the  results  of  which  establish  compliance  with  the
provisions  of  this  article,  shall  precede  issuance of a license or
renewal thereof under this section.
  [5.] 4. Upon validation by the  commissioner,  the  application  shall
become the license of the person.
  [6.]  5.  The  commissioner shall provide a copy of the license to the
[person] LICENSEE. The commissioner shall also  retain  a  copy  of  the
license.
  [7.] 6. No licensee shall publish or advertise the sale of any commer-
cial feed unless the publication or advertisement is accompanied by such
licensee's  license number. [Notwithstanding the foregoing, a person, in
operation on or before the effective date of this section, who has filed
an application for an initial license under this section may publish  or
advertise  the  sale  or availability of any commercial feed without the
publication or advertisement being accompanied by the  person's  license

S. 2008                            40                            A. 3008

number until the commissioner grants or, after notice and opportunity to
be heard, declines to grant such license.
  8.]  7.  Commercial  feed licenses shall be conspicuously displayed on
the premises so that they may be readily seen by officers and  employees
of the department.
  [9.] 8. Notwithstanding the definition of commercial feed under subdi-
vision  seven  of  section one hundred twenty-eight of this article, the
provisions of this section shall not apply to a person  who  conducts  a
business of selling pet food and specialty pet food.
  S  5. Section 142-ee of the agriculture and markets law, as amended by
chapter 251 of the laws of 1999, is amended to read as follows:
  S 142-ee. License  [and  fee].  Each  certificate  filed  pursuant  to
section one hundred forty-two-dd OF THIS ARTICLE shall be accompanied by
an  application,  upon forms supplied by the commissioner, for a license
to supply such material under the  brand  name  specified  therein,  and
there  shall  be  transmitted  therewith  a copy of the label and of the
statement proposed to accompany such material in compliance with section
one hundred forty-two-cc[, together with a license fee of forty  dollars
for  each  such brand] OF THIS ARTICLE.  Such application shall incorpo-
rate by reference the data contained in the accompanying certificate for
the brand for which the license is  sought.  Upon  compliance  with  the
provisions  of this article, the applicant shall be issued a license for
the supplying of such qualifying brand of agricultural liming  material,
which  license  shall  expire on the thirty-first day of December of the
NEXT EVEN NUMBERED year following the year in which it is issued, but no
such license shall be issued for the  supplying  of  any  such  material
which  does  not meet the minimum standards herein provided for, nor for
the supplying thereof under a brand descriptive designation  or  with  a
label  or  accompanying  statement which is or tends to be misleading or
deceptive as to quality, analysis  or  composition.  APPLICATION  FOR  A
RENEWAL OF THE LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIAL-
LY,  UPON  A  FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER
THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE  EXISTING  LICENSE.  Any
such  license so issued may be revoked by the commissioner, after notice
to the licensee by mail or otherwise and opportunity to be  heard,  when
it  appears that any statement or representation upon which it is issued
is false or misleading. The action of the commissioner  in  refusing  to
grant a license, or in revoking a license, shall be subject to review by
a  proceeding  under article seventy-eight of the civil practice law and
rules, but the decision of the commissioner shall be final unless within
thirty days from the date  of  the  order  embodying  such  action  such
proceeding to review has been instituted.
  Whenever  a  manufacturer,  producer  or  distributor  shall have been
licensed to supply a particular brand of material hereunder,  no  agent,
seller or retailer of such brand shall be required to file a certificate
or  obtain  a  license  for  such  brand  during a period for which such
license is in effect, nor upon such goods which were acquired  during  a
period  for which a license was in effect and remaining undistributed in
subsequent years.
  S 6. Subdivision (a) of section 146 of  the  agriculture  and  markets
law,  as  amended by chapter 251 of the laws of 1999, is amended to read
as follows:
  (a) No person shall distribute in this state any  type  of  fertilizer
until a [biennial] license to distribute the same has been obtained from
the commissioner by the person whose labelling is applied to such ferti-
lizer  upon  payment  of  a  one hundred fifty dollar fee. [All licenses

S. 2008                            41                            A. 3008

shall expire on a date to be set by the  commissioner  in  regulations.]
THE   INITIAL   LICENSE   ISSUED  HEREUNDER  SHALL  EXPIRE  ON  DECEMBER
THIRTY-FIRST OF THE NEXT EVEN NUMBERED YEAR FOLLOWING THE YEAR IN  WHICH
IT  WAS  ISSUED AND EACH RENEWAL OF THAT LICENSE SHALL BE FOR A TWO YEAR
PERIOD, ENDING ON DECEMBER THIRTY-FIRST. APPLICATION FOR  A  RENEWAL  OF
SUCH  LICENSE  SHALL  BE  MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE
COMMISSIONER AND BE SUBMITTED NO LATER THAN THIRTY  DAYS  PRIOR  TO  THE
EXPIRATION OF THE EXISTING LICENSE.
  S  7.  Section 147-b of the agriculture and markets law, as amended by
chapter 122 of the laws of 1988, is amended to read as follows:
  S 147-b. License. No person shall sell, offer or expose  for  sale  in
this  state  any  soil or plant inoculant unless licensed as provided in
this section. Application for a  license  SHALL  BE  MADE  upon  a  form
prescribed  by  the commissioner [shall be made biennially. The applica-
tion] AND shall include a statement  as  to  whether  the  inoculant  is
represented  as  effective  for  inoculating  legumes  or for some other
purpose, and,  if  represented  as  effective  for  the  inoculation  of
legumes,  for  which  legume  or  legumes it is so represented. With the
application, the applicant shall present a representative sample of  the
soil  or plant inoculant described in the application. The commissioner,
if satisfied that the inoculant may  be  depended  upon  to  produce  an
effective  inoculation  for the purpose represented, shall issue to such
applicant a license for the sale of such inoculant, expiring on December
thirty-first of the NEXT EVEN NUMBERED year following [the year in which
it is issued] ITS ISSUANCE.  [The applicant shall pay biennially, at the
time of presenting the application, to the commissioner  for  remittance
to the state treasury, a license fee of twenty dollars for each brand of
inoculants  as  defined  in  the  rules  and  regulations adopted by the
commissioner as provided in this article.] APPLICATION  FOR  RENEWAL  OF
SUCH  LICENSE  FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A
FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER  THAN  THIRTY
DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE.
  S  8. Paragraph (a) of subdivision 1 of section 248 of the agriculture
and markets law, as amended by chapter 490  of  the  laws  of  2005,  is
amended to read as follows:
  (a)  No  person  shall  act as a dealer unless licensed as provided in
this article. Application shall be made upon  such  forms  and  at  such
times  as  prescribed by the commissioner. Renewal applications shall be
submitted to  the  commissioner  at  least  thirty  days  prior  to  the
[commencement of the next] EXPIRATION OF THE EXISTING license [year]. No
action  will  be  taken on applications deemed incomplete by the commis-
sioner. The applicant shall furnish evidence of his or her good  charac-
ter,  financial statements, prepared and certified by a certified public
accountant when required by the commissioner, and evidence  that  he  or
she  has  adequate  physical  facilities for receiving and handling farm
products or processing farm products if he or she is to act as a dealer.
The commissioner, if so satisfied, shall issue to such applicant,  [upon
payment  of  twenty dollars, and] upon the filing of a bond or letter of
credit and upon payment of a fee to be deposited into  the  agricultural
producers security fund as hereinafter provided, a license entitling the
applicant  to  conduct  the  business of a dealer in farm products for a
period of one year. Notwithstanding any other provision of this section,
an applicant who intends to pay and a licensee who  pays  upon  delivery
for  purchases  of farm products from producers, in cash, or cash equiv-
alent, including only certified or bank check, money  order,  electronic
funds  transfer, or by debit card, shall be exempt from filing a bond or

S. 2008                            42                            A. 3008

letter of credit.  In the event that a licensee who has been so exempted
from filing a bond or letter of credit fails  to  pay  cash  or  a  cash
equivalent  upon  delivery  for  any  purchase  of  farm products from a
producer,  such licensee shall file a bond or letter of credit as other-
wise required by this section with the commissioner no  later  than  ten
business  days from the date the commissioner notifies the licensee that
such bond or letter of credit is required.
  S 9. Subdivision 5 of section 500 of the agriculture and markets  law,
as amended by section 3 of part II of chapter 59 of the laws of 2009, is
amended to read as follows:
  5. Licensure. No person shall maintain or operate a retail food store,
food  service  establishment or food warehouse unless such establishment
is licensed pursuant to the provisions of this article, provided, howev-
er, that establishments registered, permitted or licensed by the depart-
ment pursuant to other provisions of  this  chapter,  under  permit  and
inspection by the state department of health or by a local health agency
which  maintains  a  program certified and approved by the state commis-
sioner of health, or subject to inspection by the United States  depart-
ment  of  agriculture  pursuant  to  the  federal  meat,  poultry or egg
inspection programs, shall be exempt from licensure under this  article.
Application  for  licensure  of a retail food store, food service estab-
lishment or food warehouse shall be made, upon a form prescribed by  the
commissioner,  on  or  before December first of every other year for the
registration period beginning January first following.  Upon  submission
of  a completed application, together with the applicable licensing fee,
the commissioner shall ISSUE A license TO the retail  food  store,  food
service establishment or food warehouse described in the application for
two  years  from  the  [applicable  registration commencement period set
forth in this section] DATE OF ISSUANCE.  The  [licensing]  LICENSE  fee
shall  be  two  hundred fifty dollars provided, however, that food ware-
houses shall pay a [licensing] LICENSE  fee  of  four  hundred  dollars.
NOTWITHSTANDING  THE  PRECEDING  SENTENCE,  THE COMMISSIONER SHALL, UPON
SUBMISSION OF A COMPLETED APPLICATION FOR A NEW LICENSE BY AN  APPLICANT
THAT  IS  A  CHAIN  STORE, AS DEFINED BY SUBDIVISION FIVE OF SECTION TWO
HUNDRED FIFTY-ONE-Z-TWO OF THIS CHAPTER, ISSUE SUCH LICENSE FOR A PERIOD
ENDING ON THE SAME DATE AS THE LICENSES OF THE OTHER CHAIN  STORES  THAT
ARE A PART OF THE SAME NETWORK.
  S 10. This act shall take effect immediately.

                                 PART W

  Section  1.  Legislative  findings.  The  legislature hereby finds and
determines that the establishment of  the  utility  debt  securitization
authority  under part B of chapter 173 of the laws of 2013 permitted the
issuance of securitized restructuring bonds  on  favorable  terms  which
resulted  in  lower  aggregate distribution, transmission and transition
charges to Long Island ratepayers, compared to other available  alterna-
tives, and the purposes of such act will be further advanced by amending
such  act  to  permit the issuance of additional such bonds subject to a
limit on the outstanding principal amount thereof, including the  poten-
tial  issuance  of  such  bonds  by  a  newly created restructuring bond
issuer.
  S 2. Subdivision 10 of section 2 of part B of chapter 173 of the  laws
of  2013  relating to the issuance of securitized restructuring bonds to
refinance the outstanding debt of the Long  Island  power  authority  is
amended to read as follows:

S. 2008                            43                            A. 3008

  10.  "Restructuring bond issuer" means the corporate municipal instru-
mentality of the state created under PARAGRAPH A OR B OF SUBDIVISION ONE
OF section four of this act.
  S  3.  Subdivision 6 of section 3 of part B of chapter 173 of the laws
of 2013 relating to the issuance of securitized restructuring  bonds  to
refinance  the  outstanding  debt  of the Long Island power authority is
amended to read as follows:
  6. Issuance of restructuring bonds. Within ninety days after receiving
notice of confirmation from the authority, the restructuring bond issuer
shall issue the restructuring bonds, in one or more series  or  tranches
and at one or more times, pursuant to the agreement to sell the restruc-
turing  bonds. The restructuring bond issuer shall purchase the restruc-
turing property from the authority for a purchase price equal to the net
proceeds from the sale of the restructuring bonds less  any  amounts  of
such  proceeds  required  to  fund  or pay upfront financing costs.  THE
AGGREGATE PRINCIPAL AMOUNT OF OUTSTANDING  RESTRUCTURING  BONDS  AT  ANY
TIME SHALL NOT EXCEED FOUR BILLION FIVE HUNDRED MILLION DOLLARS.
  S  4.  The section heading and subdivision 1 of section 4 of part B of
chapter 173 of the laws of 2013 relating to the issuance of  securitized
restructuring bonds to refinance the outstanding debt of the Long Island
power authority is amended to read as follows:
  Creation  of  restructuring  bond  [issuer]  ISSUERS.   1. Creation of
restructuring bond [issuer] ISSUERS.  (A) For the purpose of  effectuat-
ing  the  purposes  declared in section one of this act, there is hereby
created a special purpose corporate  municipal  instrumentality  of  the
state  to  be  known  as  "utility debt securitization authority", which
shall be a body corporate and politic, a political  subdivision  of  the
state,  and  a  public benefit corporation, exercising essential govern-
mental and public powers for the good of the public. [The] SUCH restruc-
turing bond issuer shall not be created or organized, and its operations
shall not be conducted, for the purpose of making a profit. No  part  of
the  revenues  or  assets  of [the] SUCH restructuring bond issuer shall
inure to the benefit of or be distributable to its trustees or  officers
or  any  other  private  persons,  except  as herein provided for actual
services rendered.
  (B) FOR THE PURPOSE OF EFFECTUATING THE PURPOSES DECLARED  IN  SECTION
ONE  OF THIS ACT, AND IN CONTEMPLATION OF SATISFACTION OF THE CONDITIONS
SET FORTH IN THE LAST SENTENCE OF  THIS  SUBDIVISION,  THERE  IS  HEREBY
CREATED  A  SPECIAL  PURPOSE  CORPORATE MUNICIPAL INSTRUMENTALITY OF THE
STATE TO BE KNOWN AS "UTILITY  DEBT  SECURITIZATION  AUTHORITY  NO.  2",
WHICH  SHALL BE A BODY CORPORATE AND POLITIC, A POLITICAL SUBDIVISION OF
THE STATE,  AND  A  PUBLIC  BENEFIT  CORPORATION,  EXERCISING  ESSENTIAL
GOVERNMENTAL AND PUBLIC POWERS FOR THE GOOD OF THE PUBLIC. SUCH RESTRUC-
TURING BOND ISSUER SHALL NOT BE CREATED OR ORGANIZED, AND ITS OPERATIONS
SHALL  NOT  BE CONDUCTED, FOR THE PURPOSE OF MAKING A PROFIT. NO PART OF
THE REVENUES OR ASSETS OF SUCH RESTRUCTURING BOND ISSUER SHALL INURE  TO
THE  BENEFIT  OF  OR BE DISTRIBUTABLE TO ITS TRUSTEES OR OFFICERS OR ANY
OTHER PRIVATE PERSONS, EXCEPT AS HEREIN  PROVIDED  FOR  ACTUAL  SERVICES
RENDERED.  SUCH  RESTRUCTURING  BOND ISSUER SHALL ISSUE NO RESTRUCTURING
BONDS UNLESS AND UNTIL THE AUTHORITY BY RESOLUTION SHALL HAVE FOUND  AND
DETERMINED  THAT ON THE BASIS OF THE DOCUMENTS AND OPINIONS PRESENTED TO
IT, THE TERMS OF SALE OF  SUCH  BONDS  ARE,  AT  SUCH  TIME,  REASONABLY
EXPECTED  TO BE MORE FAVORABLE THAN SUCH TERMS WOULD BE IF SUCH RESTRUC-
TURING BONDS WERE TO BE ISSUED BY THE RESTRUCTURING BOND ISSUER  CREATED
BY PARAGRAPH (A) OF THIS SUBDIVISION.

S. 2008                            44                            A. 3008

  S  5.  Subparagraph (i) of paragraph (a) of subdivision 2 of section 4
of part B of chapter 173 of the laws of 2013 relating to the issuance of
securitized restructuring bonds to refinance the outstanding debt of the
Long Island power authority is amended to read as follows:
  (i) issue the restructuring bonds contemplated by a restructuring cost
financing  order,  and  use the proceeds thereof to purchase or acquire,
and to own, hold and use  restructuring  property  or  to  pay  or  fund
upfront  financing costs [provided, however, that the restructuring bond
issuer shall only issue and sell restructuring bonds once];
  S 6. This act shall take effect immediately.

                                 PART X

  Section 1. Section 171 of the navigation law, as amended by chapter 35
of the laws of 1985, is amended to read as follows:
  S 171. Purposes. It is the purpose of this article to ensure  a  clean
environment  and healthy economy for the state by preventing the unregu-
lated discharge of petroleum which may result in damage to lands, waters
or natural resources of the state by authorizing the department of envi-
ronmental conservation to  PREPARE  FOR  AND  respond  quickly  to  such
discharges  and  effect  prompt  cleanup and removal of such discharges,
giving first priority to minimizing environmental damage, and by provid-
ing for liability for damage sustained within the state as a  result  of
such discharges.
  S  2.  Subdivision 1 of section 172 of the navigation law, as added by
chapter 845 of the laws of 1977, is amended to read as follows:
  1. "Administrator" means the [chief executive, within]  PERSON  DESIG-
NATED  BY the [department] COMMISSIONER of [audit and control, of] ENVI-
RONMENTAL  CONSERVATION  TO  ADMINISTER  the  New   York   environmental
protection and spill compensation fund;
  S  3.  Paragraphs  (a), (b) and (d) of subdivision 4 of section 174 of
the navigation law, paragraph (a) as amended by section 1 of part  E  of
chapter 413 of the laws of 1999, paragraph (b) as amended by chapter 512
of  the  laws of 1986 and paragraph (d) as added by section 21 of part A
of chapter 58 of the laws of 1998, are amended to read as follows:
  (a) The license fee shall be [one cent] NINE AND  ONE-HALF  CENTS  per
barrel  transferred  [until  the  balance in such account established by
paragraph (a) of subdivision two of section one hundred seventy-nine  of
this  article  equals or exceeds twenty-five million dollars], provided,
however, that the fee on any  barrel,  including  any  products  derived
therefrom,  subject  to multiple transfer, shall be imposed only once at
the point of first transfer. In each fiscal year following any  year  in
which  the balance of [such] THE account ESTABLISHED BY PARAGRAPH (A) OF
SUBDIVISION TWO OF SECTION ONE  HUNDRED  SEVENTY-NINE  OF  THIS  ARTICLE
equals  or  exceeds  [twenty-five] FORTY million dollars, no license fee
shall be imposed unless (a) the current balance in such account is  less
than  [twenty] THIRTY-FIVE million dollars or (b) pending claims against
such account exceed fifty  percent  of  the  existing  balance  of  such
account. [The provisions of the foregoing notwithstanding, should claims
paid  from  such  account  not  exceed five million dollars within three
years after the license fee is first imposed, the license fee  shall  be
one cent per barrel transferred until the balance in such account equals
or exceeds eighteen million dollars, and thereafter shall not be imposed
unless:  (1)  the  current  balance in such account is less than fifteen
million dollars or (2) pending claims against such account exceed  fifty
percent of the existing balance of such account.] In the event of either

S. 2008                            45                            A. 3008

such  occurrence  and  upon  certification  thereof  [by the state comp-
troller], the administrator shall within ten days of the  date  of  such
certification  reimpose  the license fee, which shall take effect on the
first  day  of the month following such relevy. [In the event of a major
discharge or series of  discharges  resulting  in  claims  against  such
account  exceeding the existing balance of such account, the license fee
shall be imposed at the rate of eight cents per barrel transferred until
the balance in such account equals pending claims against such  account;
provided,  however,  that  the] THE rate may be set at less than [eight]
NINE AND ONE-HALF cents per  barrel  transferred  if  the  administrator
determines  that the revenue produced by such lower rate shall be suffi-
cient to pay outstanding claims against such account within one year  of
such imposition of the license fee. [Should such account exceed eighteen
million dollars or twenty-five million dollars, as herein provided, as a
result  of  interest, the administrator and the commissioner of environ-
mental conservation shall report to the  legislature  and  the  governor
concerning  the  options  for  the use of such interest.] The fee estab-
lished by this paragraph shall not be imposed upon any barrel  which  is
transferred  to  a land based facility but thereafter exported from this
state for use outside the state and is shipped to facilities outside the
state regardless of whether the  delivery  or  sale  of  such  petroleum
occurs in this state.
  (b)  The surcharge on the license fee shall be [two and one-half cents
per barrel for each barrel transferred on or after June first,  nineteen
hundred  eighty-five but before February first, nineteen hundred eighty-
eight. Such surcharge shall be three and one-half cents per  barrel  for
each  barrel  transferred  on  or after February first, nineteen hundred
eighty-eight, but before February first, nineteen hundred  ninety.  Such
surcharge  shall  be]  four  and  one-quarter  cents per barrel for each
barrel transferred on or after February first, nineteen hundred ninety.
  (d) The surcharge established by paragraph  (b)  of  this  subdivision
shall be [one and one-half] THIRTEEN AND THREE QUARTERS cents per barrel
for  any  barrel  that  is transferred but thereafter exported from this
state for use outside the state as described by paragraph  (a)  of  this
subdivision.  TWELVE  AND  ONE-QUARTER  CENTS OF SUCH SURCHARGE SHALL BE
CREDITED TO THE ACCOUNT ESTABLISHED BY PARAGRAPH (A) OF SUBDIVISION  TWO
OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE.
  S  4.  Paragraph (a) of subdivision 2 of section 179 of the navigation
law, as amended  by section 2 of part I of chapter 577 of  the  laws  of
2004, is amended to read as follows:
  (a)  An  account  which  shall  be  credited with all license fees and
penalties collected pursuant to paragraph (b)  of  subdivision  one  and
paragraph (a) of subdivision four of section one hundred seventy-four of
this  article,  THE PORTION OF THE SURCHARGE COLLECTED PURSUANT TO PARA-
GRAPH (D) OF SUBDIVISION FOUR OF SECTION  ONE  HUNDRED  SEVENTY-FOUR  OF
THIS  SECTION, penalties collected pursuant to paragraph (b) of subdivi-
sion four of section one hundred seventy-four-a of this  article,  money
collected  pursuant to section one hundred eighty-seven of this article,
all penalties collected pursuant to section one  hundred  ninety-two  of
this  article,  and  registration fees collected pursuant to subdivision
two of section 17-1009 of the environmental conservation law.
  S 5. The opening paragraph and subdivisions 4 and 5 of section 180  of
the  navigation law, the opening paragraph and subdivision 4 as added by
chapter 845 of the laws of 1977 and subdivision 5 as amended by  chapter
35 of the laws of 1985, are amended to read as follows:

S. 2008                            46                            A. 3008

  The  [state  comptroller]  COMMISSIONER shall appoint and supervise an
administrator of the fund. The administrator shall be the  chief  execu-
tive of the fund and shall have the following powers and duties:
  4.  To  certify  the  amount  of claims and names of claimants [to the
state comptroller];
  5. To disburse moneys from the fund  for  cleanup  and  removal  costs
pursuant to a certification of claims [by the commissioner].
  S  6.  Subdivisions  7  and 9 of section 185 of the navigation law, as
added by chapter 672 of the  laws  of  1991,  are  amended  to  read  as
follows:
  7. Within sixty calendar days from the close of such hearing and after
due  consideration  of the written and oral statements and testimony and
arguments filed pursuant to this section, or on default in appearance on
said return day, the administrator shall make  [his]  A  final  determi-
nation  on  the  validity  or  amount of the damage claims or claims for
cleanup and removal costs filed by the injured persons. The  administra-
tor  shall  notify  the  claimant  and, if known, the alleged discharger
thereof in writing by registered mail.
  9. Upon a determination by the  administrator  that  provides  for  an
award  to  the claimants, the administrator [shall certify the amount of
the award and the name of the claimant to the  state  comptroller,  who]
shall pay the award from the fund. In any case in which a person respon-
sible  for  the  discharge  seeks judicial review, reasonable attorney's
fees and costs shall be awarded to the claimant if the determination  of
the administrator is affirmed.
  S  7.  Subdivisions  1  and 2 of section 186 of the navigation law, as
amended by chapter 38 of the laws of 1985, subdivision 1  as  separately
amended  by chapter 35 of the laws of 1985, paragraph (c) of subdivision
2 as amended by chapter 672 of the laws of 1991  and  paragraph  (e)  of
subdivision  2 as added by chapter 83 of the law of 1995, are amended to
read as follows:
  1. (a) Moneys in the account established by paragraph (a) of  subdivi-
sion  two  of  section  one  hundred  seventy-nine of this part shall be
disbursed by the administrator[, upon certification by  the  commission-
er,]  for the purpose of costs incurred under section one hundred seven-
ty-six of this article.
  (b) Moneys in the account established by paragraph (b) of  subdivision
two  of  section  one  hundred  seventy-nine  of this part shall, within
forty-five days of the close of each license fee period, be deposited by
the administrator[,] in the hazardous waste remedial fund created pursu-
ant to section ninety-seven-b of the state finance law  for  expenditure
pursuant to such section[; provided, however, that the state comptroller
shall  cause  the  administrator  to  reimburse the commissioner for the
reasonable costs of collecting the surcharge during those times when the
license fee is not imposed].
  2. Moneys in the account established by paragraph (a)  of  subdivision
two  of  section one hundred seventy-nine of this part, AS MAY BE APPRO-
PRIATED BY THE LEGISLATURE, shall be  disbursed  by  the  administrator,
upon certification by him OR HER, for the following purposes:
  (a) Damages as defined in section one hundred eighty-one of this arti-
cle;
  (b)  Such  sums as may be necessary for research on the prevention and
the effects of spills of petroleum on the environment and on the  devel-
opment  AND  TESTING  of improved cleanup, CONTAINMENT and removal oper-
ations [as may be appropriated by the  legislature;  provided,  however,
that such sums shall not exceed the amount of interest which is credited

S. 2008                            47                            A. 3008

to  the  account  established  by  paragraph  (a)  of subdivision two of
section one hundred seventy-nine of this part];
  (c)  Such  sums  as may be necessary for the general administration of
the fund, equipment and personnel costs of the department  [of  environ-
mental  conservation] and any other state agency related to the enforce-
ment of this article [as may be appropriated by the legislature];
  (d) Such sums as may be [appropriated by  the  legislature]  NECESSARY
for research and demonstration programs concerning the causes and abate-
ment  of  ocean  pollution[; provided, however, that such sums shall not
exceed the amount of interest which is credited to  the  account  estab-
lished by paragraph (a) of subdivision two of section one hundred seven-
ty-nine of this part].
  (e)  Such  sums  as  may  be necessary for the general administration,
equipment and  personnel  costs  of  the  department  [of  environmental
conservation]  related  to  the  administration  and  enforcement of the
petroleum bulk storage program established  pursuant  to  title  ten  of
article seventeen of the environmental conservation law.
  (F)  SUCH SUMS AS MAY BE NECESSARY FOR THE ACQUISITION AND MAINTENANCE
OF PETROLEUM SPILL PREVENTION, RESPONSE OR PERSONAL SAFETY EQUIPMENT AND
SUPPLIES AND TRAINING FOR STATE AND LOCAL GOVERNMENT ENTITIES, INCLUDING
EMERGENCY SERVICES AGENCIES AND PERSONNEL.
  (G) SUCH SUMS AS MAY BE NECESSARY FOR PETROLEUM SPILL RESPONSE  DRILLS
AND EXERCISES.
  (H)  SUCH  SUMS  AS  MAY BE NECESSARY FOR IDENTIFICATION, MAPPING, AND
ANALYSIS OF POPULATIONS, ENVIRONMENTALLY SENSITIVE AREAS, AND  RESOURCES
AT  RISK  FROM SPILLS OF PETROLEUM AND RELATED IMPACTS; AND THE DEVELOP-
MENT, IMPLEMENTATION,  AND  UPDATING  OF  CONTINGENCY  PLANS,  INCLUDING
GEOGRAPHIC RESPONSE PLANS, TO PROTECT THOSE POPULATIONS, SENSITIVE ENVI-
RONMENTS,  AND RESOURCES IN THE EVENT OF A SPILL OF PETROLEUM OR RELATED
IMPACTS.
  S 8. Section 191 of the navigation law, as amended by  chapter  35  of
the laws of 1985, is amended to read as follows:
  S 191. [Joint  rules and regulations] RULES. The commissioner [and the
state comptroller are]  IS  authorized  to  adopt,  amend,  repeal,  and
enforce  such rules and regulations pursuant to the state administrative
procedure act[, as they] THAT THE COMMISSIONER  may  deem  necessary  to
accomplish the purposes of this article.
  S 9. Section 192 of the navigation law, as added by chapter 845 of the
laws of 1977, is amended to read as follows:
  S 192. Enforcement  of  article;  penalties.  Any person who knowingly
gives or causes to be given any false information as a part  of,  or  in
response  to,  any  claim  made pursuant to this article for cleanup and
removal costs, direct or indirect damages resulting from a discharge, or
who otherwise violates any of the provisions of this article or any rule
promulgated thereunder or who fails to comply with any duty  created  by
this  article  shall be liable to a penalty of not more than twenty-five
thousand dollars for each offense. SUCH PENALTY MAY BE ASSESSED  BY  THE
COMMISSIONER AFTER A HEARING OR AN OPPORTUNITY TO BE HEARD OR in a court
of  competent  jurisdiction.  If the violation is of a continuing nature
each day during which it continues shall constitute an additional, sepa-
rate and distinct offense.
  S 10. Section 196 of the navigation law, as amended by chapter  35  of
the laws of 1985, is amended to read as follows:
  S 196. Reports. The commissioner [and the administrator] shall make an
annual  report  to the legislature and the governor which shall describe
the quality and quantity of spills of petroleum, the costs  and  damages

S. 2008                            48                            A. 3008

paid  by  and recovered for the fund, and the economic and environmental
impact on the state as a result of the administration of this article.
  S 11. Subdivision 6 of section 200 of the navigation law, such section
as renumbered by chapter 845 of the laws of 1977, is renumbered subdivi-
sion 7 and a new subdivision 6 is added to read as follows:
  6. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION MAY, AFTER A HEARING
OR  AN  OPPORTUNITY  TO  BE HEARD, ASSESS A PENALTY OF UP TO TWENTY-FIVE
THOUSAND DOLLARS PER DAY FOR ANY VIOLATION OF OR  A  FAILURE  TO  COMPLY
WITH  ANY  PROVISION CONTAINED IN ARTICLE TWELVE OF THIS CHAPTER, OR ANY
LAWFUL NOTICE, ORDER OR REGULATION PRESCRIBED  BY  THE  COMMISSIONER  OF
ENVIRONMENTAL CONSERVATION UNDER SUCH PROVISION.
  S  12.  Subdivision  2  of  section  97-b of the state finance law, as
amended by section 4 of part I of chapter 1 of  the  laws  of  2003,  is
amended to read as follows:
  2. Such fund shall consist of all of the following:
  (a)  moneys appropriated for transfer to the fund's site investigation
and construction account; (b) all fines and other  sums  accumulated  in
the fund prior to April first, nineteen hundred eighty-eight pursuant to
section 71-2725 of the environmental conservation law for deposit in the
fund's  site  investigation  and  construction  account;  (c) all moneys
collected or received by the department of taxation and finance pursuant
to section 27-0923 of the environmental conservation law for deposit  in
the  fund's  industry fee transfer account; (d) all moneys paid into the
fund pursuant to section 72-0201 of the environmental  conservation  law
which  shall  be  deposited in the fund's industry fee transfer account;
(e) all moneys paid into the fund pursuant to PARAGRAPH (B) OF  SUBDIVI-
SION  ONE  OF section one hundred eighty-six of the navigation law which
shall be deposited in the fund's industry fee transfer account; (f)  all
moneys  paid  into  the fund by municipalities for repayment of landfill
closure loans made pursuant to title five of article  fifty-two  of  the
environmental  conservation  law for deposit in the fund's site investi-
gation and construction account; (g) all monies recovered under sections
56-0503, 56-0505 and 56-0507 of the environmental conservation law  into
the  fund's environmental restoration project account; (h) all fees paid
into the fund pursuant to section 72-0403 of the environmental conserva-
tion law which shall be deposited in the fund's  industry  fee  transfer
account; (i) payments received for all state costs incurred in negotiat-
ing  and overseeing the implementation of brownfield site cleanup agree-
ments pursuant to title fourteen OF ARTICLE TWENTY-SEVEN of the environ-
mental conservation law  shall  be  deposited  in  the  hazardous  waste
remediation oversight and assistance account; and (j) other moneys cred-
ited or transferred thereto from any other fund or source for deposit in
the fund's site investigation and construction account.
  S 13. Continuation of rules and regulations pertaining to the adminis-
tration  of the New York environmental protection and spill compensation
fund. Upon the transfer of the functions and powers possessed by the New
York state comptroller in regard to the administration of the  New  York
environmental  protection  and  spill  compensation fund pursuant to the
navigation law  to  the  department  of  environmental  conservation  as
prescribed  by  this act, all rules, regulations, acts, orders, determi-
nations and decisions, pertaining to the functions transferred  by  this
act  to  the  department of environmental conservation shall continue in
force and effect as rules, regulations, acts, determinations  and  deci-
sions of the department of environmental conservation, unless duly modi-
fied or repealed.

S. 2008                            49                            A. 3008

  S  14. This act shall take effect immediately; provided, however, that
to allow for an orderly transition of work the  department  of  environ-
mental  conservation and the state comptroller may have until October 1,
2015 to transfer all functions associated with the administration of the
environmental  protection  and  spill  compensation  fund as required by
sections two and five of this act; provided further that  the  increased
fees  established pursuant to paragraphs (a) and (d) of subdivision 4 of
section 174 of the navigation law as amended by section  three  of  this
act shall take effect on September 1, 2015 and shall apply to any barrel
that is transferred on and after such date.

                                 PART Y

  Section 1. The opening paragraph of subdivision 1 and subdivision 3 of
section 72-0303 of the environmental conservation law, the opening para-
graph of subdivision 1 as amended by section 1 of part BBB of chapter 59
of  the laws of 2009 and subdivision 3 as amended by section 1 of part D
of chapter 413 of the laws of 1999, are amended to read as follows:
  COMMENCING JANUARY FIRST, TWO THOUSAND FIFTEEN AND EVERY  YEAR  THERE-
AFTER,  ALL SOURCES OF REGULATED AIR CONTAMINANTS IDENTIFIED PURSUANT TO
SUBDIVISION ONE OF SECTION 19-0311 OF THIS CHAPTER SHALL SUBMIT  TO  THE
DEPARTMENT AN ANNUAL BASE FEE OF TWO THOUSAND FIVE HUNDRED DOLLARS. THIS
BASE FEE SHALL BE IN ADDITION TO THE FEES LISTED BELOW. Commencing Janu-
ary  first,  nineteen  hundred ninety-four and every year thereafter all
sources of regulated air contaminants identified pursuant to subdivision
one of section 19-0311 of this chapter shall submit to the department an
annual fee [of forty-five dollars per ton] NOT TO  EXCEED  THE  PER  TON
FEES  DESCRIBED  BELOW. THE PER TON FEE IS ASSESSED ON EACH TON OF EMIS-
SIONS up to seven thousand tons annually of each regulated  air  contam-
inant  as  follows:    [forty-five] SIXTY dollars per ton for facilities
with total emissions less  than  one  thousand  tons  annually;  [fifty]
SEVENTY dollars per ton for facilities with total emissions of one thou-
sand  or  more  but  less  than two thousand tons annually; [fifty-five]
EIGHTY dollars per ton for facilities with total emissions of two  thou-
sand or more but less than five thousand tons annually; and [sixty-five]
NINETY dollars per ton for facilities with total emissions of five thou-
sand  or  more tons annually. Such fee shall be sufficient to support an
appropriation approved by the legislature for the  direct  and  indirect
costs  associated  with  the  operating  permit  program  established in
section 19-0311 of this chapter. Such fee shall be  established  by  the
department and shall be calculated by dividing the amount of the current
year  appropriation  from  the  operating  permit program account of the
clean air fund by the total tons of emissions of regulated  air  contam-
inants that are subject to the operating permit program fees from sourc-
es  subject  to the operating permit program pursuant to section 19-0311
of this chapter up to seven thousand tons annually of each regulated air
contaminant from each source; provided that, in making such calculation,
the department shall adjust their calculation to account for any deficit
or surplus in the operating permit program account of the clean air fund
established pursuant to section ninety-seven-oo  of  the  state  finance
law;  any loan repayment from the mobile source account of the clean air
fund established  pursuant  to  section  ninety-seven-oo  of  the  state
finance  law;  and the rate of collection by the department of the bills
issued for the fee for the prior year.
  3. Effective January first,  [nineteen  hundred  ninety-seven  through
December  thirty-first, nineteen hundred ninety-eight, and notwithstand-

S. 2008                            50                            A. 3008

ing the requirements of the state administrative procedure act, the  cap
of twenty-five dollars per ton] TWO THOUSAND SIXTEEN AND ANNUALLY THERE-
AFTER,  THE BASE FEES AND PER TON FEES LISTED IN SUBDIVISION ONE OF THIS
SECTION  shall increase by the percentage, if any, by which the consumer
price index exceeds the consumer price index for the PRIOR calendar year
[nineteen hundred eighty-nine].
  [a.] The consumer price index for any calendar year is the average  of
the consumer price index for all urban consumers published by the United
States  department  of labor, as of the close of the twelve-month period
ending on August thirty-first of each calendar year.
  [b. The revision of the consumer price index  for  the  calendar  year
nineteen  hundred  eighty-nine shall be used in the event the department
of labor revises its method of determining the consumer price index.]
  S 2. Section 72-0302 of the environmental conservation law, as amended
by chapter 608 of the laws of 1993, the opening paragraph of subdivision
1 and the closing paragraph as amended by chapter 432  of  the  laws  of
1997,  paragraph e as amended and paragraphs f and g of subdivision 1 as
relettered by chapter 170 of the laws of 1994, is  amended  to  read  as
follows:
S 72-0302. State air quality control fees.
  1.  All  persons,  except  those  required  to pay a fee under section
72-0303 of this [article] TITLE, who are required to  obtain  a  permit,
[certificate] REGISTRATION or approval pursuant to the state air quality
control  program  shall  submit to the department a [per emission point]
fee in an amount established as follows:
  a. [$11,000.00] $2,500.00 for a  stationary  [combustion  installation
having  a  maximum  operating  heat input equal to or greater than fifty
million British thermal units per hour as  stated  on  the  most  recent
application  for  a permit to construct or application for a certificate
to operate and which emits or has the potential  to  emit  equal  to  or
greater than any one of the following:
  (i)  one hundred tons per year of oxides of nitrogen, or if located in
a severe ozone nonattainment area, twenty-five tons per year; or
  (ii) one hundred tons per year of sulfur dioxide; or
  (iii) one hundred tons per year of particulates] SOURCE SUBJECT  TO  A
STATE FACILITY PERMIT.
  b.  [$2,000.00]  $250.00  for [all] A stationary [combustion installa-
tions which are not included under paragraph a of this  subdivision  and
which  have  a  maximum  operating heat input greater than fifty million
British thermal units per hour as stated on the most recent  application
for  a certificate to operate] SOURCE SUBJECT TO A MINOR FACILITY REGIS-
TRATION FROM THE DEPARTMENT.
  c. [$100.00]  $2,500.00  for  a  [stationary  combustion  installation
having  a  maximum  operating heat input less than fifty million British
thermal units per hour as stated on the most recent  application  for  a
certificate to operate] FACILITY WITH ANY OTHER OPERATING APPROVAL.
  [d.  $2,000.00  for  a  process air contamination source for an annual
emission rate equal to or greater than twenty-five tons per year of  any
one  of  the following: sulfur dioxide, nitrogen dioxide, total particu-
lates, carbon monoxide,  total  volatile  organic  compounds  and  other
specific  air contaminants. The annual emission rate shall be the actual
annual emission rate as stated on the  most  recent  application  for  a
permit to construct or application for a certificate to operate.  In the
event  that  hours  of operation have not been specified on the applica-
tions then maximum possible hours of operation (8760 hours) will be used
to calculate actual annual emissions.

S. 2008                            51                            A. 3008

  e. $160.00 for a process air contamination source, except  a  gasoline
dispencing  site, for an annual emission rate less than twenty-five tons
per year of any one of the following: sulfur dioxide, nitrogen  dioxide,
total  particulates,  carbon  monoxide, total volatile organic compounds
and  other  specific air contaminants. The annual emission rate shall be
the actual annual emission rate as applied for on the most recent appli-
cation for a permit to construct or application  for  a  certificate  to
operate. In the event that hours of operation have not been specified on
the  applications  then maximum possible hours of operation (8760 hours)
will be used to calculate actual annual emissions.
  f. $2,000.00 for an  incinerator  capable  of  charging  two  thousand
pounds  of  refuse  per  hour  or greater. The charging capacity will be
established in accordance with  the  application  for  the  most  recent
permit  to  construct  or  application  for a certificate to operate the
incinerator source and will be calculated on an emission point basis.
  g. $160.00 for an incinerator with a maximum  design  charge  rate  of
less  than two thousand pounds of refuse per hour. The charging capacity
will be established in accordance with  the  application  for  the  most
recent  permit  to construct or application for a certificate to operate
the incinerator source and will  be  calculated  on  an  emission  point
basis.]
  Provided,  however,  that  where  a  city  or  county is delegated the
authority to administer the state air quality control  program,  or  any
portion  thereof,  pursuant to paragraph p of subdivision two of section
3-0301 of this chapter and  such  city  or  county  collects  a  fee  in
connection with the issuance of a permit, [certificate] REGISTRATION, or
approval  for  a  [combustion  installation,  incinerator or process air
contamination] STATIONARY source SUBJECT TO  A  STATE  FACILITY  PERMIT,
MINOR  FACILITY  REGISTRATION OR OTHER OPERATING APPROVAL, no additional
liability for fees under this section shall accrue for  the  [particular
combustion  installation,  incinerator  or  process  air  contamination]
source that is subject to the delegation.
  2. NOTWITHSTANDING THE REQUIREMENTS OF THE STATE ADMINISTRATIVE PROCE-
DURE ACT, BEGINNING JANUARY FIRST, TWO  THOUSAND  SIXTEEN  AND  ANNUALLY
THEREAFTER,  THE  FEES  LISTED  IN SUBDIVISION ONE OF THIS SECTION SHALL
INCREASE BY THE PERCENTAGE, IF ANY, BY WHICH THE  CONSUMER  PRICE  INDEX
EXCEEDS  THE  CONSUMER  PRICE  INDEX  FOR  THE  PRIOR CALENDAR YEAR. THE
CONSUMER PRICE INDEX FOR ANY CALENDAR YEAR IS THE AVERAGE OF THE CONSUM-
ER PRICE INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY  THE  UNITED  STATES
DEPARTMENT  OF  LABOR, AS OF THE CLOSE OF THE TWELVE-MONTH PERIOD ENDING
ON AUGUST THIRTY-FIRST OF EACH CALENDAR YEAR. SUCH CALCULATIONS AND FEES
SHALL BE ESTABLISHED AS A  RULE  BY  PUBLICATION  IN  THE  ENVIRONMENTAL
NOTICE  BULLETIN NO LATER THAN THIRTY DAYS AFTER THE BUDGET BILLS MAKING
APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT ARE ENACTED OR JULY  FIRST,
WHICHEVER IS LATER, OF THE YEAR SUCH FEE WILL BE EFFECTIVE.
  S 3. Subdivisions a, b, c, d, e, f, g, h, i, j, k, l, m, n, q and t of
section  72-0602 of the environmental conservation law, paragraphs a, b,
c, d, e, f, g, h, q and t as amended by section 1 of part JJ of  chapter
59 of the laws of 2009, subdivision i as amended by section 1 of part T1
of  chapter 62 of the laws of 2003, and subdivisions j, k, l, m and n as
amended by chapter 62 of the laws  of  1989,  are  amended  to  read  as
follows:
  a.  [$300.00]  $375.00  for  any  P/C/I  facilities having a permit to
discharge or discharging at an average daily rate of less  than  100,000
gallons;

S. 2008                            52                            A. 3008

  b. [$600.00] $750.00 for P/C/I facilities having a permit to discharge
or discharging at an average daily rate of 100,000 gallons or more;
  c.  [$600.00]  $750.00  for  industrial  facilities having a permit to
discharge or discharging at an average daily rate of  less  than  10,000
gallons;
  d.  [$2,000.00] $2,300.00 for industrial facilities having a permit to
discharge or discharging at an average  daily  rate  of  between  10,000
gallons and 99,999 gallons;
  e.  [$6,000.00] $7,250.00 for industrial facilities having a permit to
discharge or discharging at an average daily  rate  of  between  100,000
gallons and 499,999 gallons;
  f.  [$20,000.00]  $25,000.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of between  500,000
and 999,999 gallons;
  g.  [$30,000.00]  $37,000.00 for industrial facilities having a permit
to discharge  or  discharging  at  an  average  daily  rate  of  between
1,000,000 and 9,999,999 gallons;
  h.  [$50,000.00]  $58,000.00 for industrial facilities having a permit
to discharge or discharging at  an  average  daily  rate  of  10,000,000
gallons or more;
  i. [$50,000.00] $58,000.00 for any power plant;
  j.  [$375.00]  $450.00  for  municipal  facilities  having a permit to
discharge or discharging at an average daily rate of less  than  200,000
gallons;
  k.  [$1,875.00]  $2,000.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of between 200,000 and
999,999 gallons;
  l. [$7,500.00] $8,000.00 for municipal facilities having a  permit  to
discharge  or  discharging at an average daily rate of between 1,000,000
and 4,999,999 gallons;
  m. [$15,000.00] $15,500.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of  between  5,000,000
and 39,999,999 gallons;
  n. [$37,500.00] $38,500.00 for municipal facilities having a permit to
discharge  or discharging at an average daily rate of 40,000,000 gallons
or more;
  q. [$100.00] $125.00 per acre disturbed  plus  [$600.00]  $700.00  per
future impervious acre for any facility, not owned or managed by a local
government  or  a state department, agency, or authority, discharging or
authorized to discharge  pursuant  to  a  SPDES  permit  for  stormwater
discharges from construction activity. For the purposes of this subdivi-
sion,  acres  disturbed are acres subject to clearing, grading, or exca-
vating subject to SPDES permitting and future impervious acres are acres
that will be newly paved or roofed during construction;
  t. [$100.00] $150.00 for any facility, other than a municipal separate
storm sewer as defined by 40 CFR S122.26 (b) (8), discharging or author-
ized to discharge pursuant to a general permit unless a specific fee  is
imposed  pursuant  to  subdivisions a through s of this section for such
discharge or authorization to discharge.
  S 4. Section 72-0602 of the environmental conservation law is  amended
by adding a new closing paragraph to read as follows:
  NOTWITHSTANDING  THE  PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE
ACT, BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN AND  ANNUALLY  THERE-
AFTER,  THE  FEES LISTED ABOVE SHALL INCREASE BY THE PERCENTAGE, IF ANY,
BY WHICH THE CONSUMER PRICE INDEX EXCEEDS THE CONSUMER PRICE  INDEX  FOR
THE  PRIOR CALENDAR YEAR. THE CONSUMER PRICE INDEX FOR ANY CALENDAR YEAR

S. 2008                            53                            A. 3008

IS THE AVERAGE OF THE CONSUMER  PRICE  INDEX  FOR  ALL  URBAN  CONSUMERS
PUBLISHED  BY  THE UNITED STATES DEPARTMENT OF LABOR, AS OF THE CLOSE OF
THE TWELVE-MONTH PERIOD ENDING ON AUGUST THIRTY-FIRST OF  EACH  CALENDAR
YEAR.  SUCH  CALCULATIONS  AND  FEES  SHALL  BE ESTABLISHED AS A RULE BY
PUBLICATION IN THE ENVIRONMENTAL NOTICE BULLETIN NO  LATER  THAN  THIRTY
DAYS  AFTER  THE  BUDGET  BILLS MAKING APPROPRIATIONS FOR THE SUPPORT OF
GOVERNMENT ARE ENACTED OR JULY FIRST, WHICHEVER IS LATER,  OF  THE  YEAR
SUCH FEE WILL BE EFFECTIVE.
  S  5.  This  act  shall take effect immediately and shall apply to all
bills issued on and after January 1, 2015.

                                 PART Z

  Section 1. Subdivision 3  of  section  15-1525  of  the  environmental
conservation law, as amended by section 2 of part F of chapter 59 of the
laws of 2006, is amended to read as follows:
  3.  The  certificate  of  registration  shall require that, before the
commencement of drilling of any well or wells, the  water  well  driller
shall  file  a  preliminary  notice  with  the department; it shall also
provide that upon the completion of the drilling of any  water  well  or
water  wells,  a  completion report be filed with the department, giving
the log of the well, the size and depth thereof,  the  capacity  of  the
pump  or pumps attached or to be attached thereto, and such other infor-
mation pertaining to the withdrawal of water and operation of such water
well or water wells as the department by its rules and  regulations  may
require.  The water well driller shall provide a copy of such completion
report to the water well owner. The number of the certificate of  regis-
tration  must  be displayed on the well drilling machinery of the regis-
trant. The certificate of registration shall also contain  a  notice  to
the  certificate  holder that the business activities authorized by such
certificate are subject to the provisions of article thirty-six-A of the
general business law. [The fee  for  such  certificate  of  registration
shall  be  ten  dollars  annually.]  The commissioner shall promulgate a
water well completion report form which shall be utilized by  all  water
well  drillers  in  satisfying  the requirements of this section and any
other provision of state or local law which requires the submission of a
water well completion report or water well log.
  S 2. This act shall take effect immediately.

                                 PART AA

  Section 1. Paragraph 4 of subdivision (a) of section 83 of  the  state
finance  law,  as amended by chapter 512 of the laws of 1994, is amended
to read as follows:
  4. (i) There is hereby created a special account within the  conserva-
tion  fund  to  be  known  as  the  state fish and game trust account to
consist of all moneys received by the state from the  sale  of  lifetime
hunting, fishing, trapping, archery and muzzle-loading licenses pursuant
to  section  11-0702  of  the  environmental conservation law. The state
comptroller shall invest the moneys in such  account  in  securities  as
defined by section ninety-eight-a of this article, EXCEPT AS PROVIDED IN
SUBPARAGRAPH  (III)  OF THIS PARAGRAPH. Any income earned by the invest-
ment of such moneys, except income transferred to the conservation  fund
pursuant  to subparagraph (iii) of this paragraph, shall be added to and
become a part of, and shall be used for the purposes of such account.

S. 2008                            54                            A. 3008

  (ii) The state comptroller shall provide an annual report of the trust
account which lists the amount of the principal,  THE  PRINCIPAL  TRANS-
FERRED  TO  THE  HABITAT  CONSERVATION  AND  ACCESS  ACCOUNT PURSUANT TO
SUBPARAGRAPH (III) OF THIS PARAGRAPH,  the  earned  income,  the  earned
income  accrued  to  the principal, and the earned income transferred to
the conservation fund pursuant to subparagraph (iii) of  this  paragraph
not later than April tenth of each year for the state fiscal year ending
the  immediately  preceding  March  thirty-first.  A copy of such report
shall be transmitted, forthwith, to the director of the division of  the
budget,  the  chairman  of the senate finance committee, the chairman of
the assembly ways and means committee, the commissioner of  the  depart-
ment of environmental conservation and each of the eleven members of the
conservation  fund advisory [council] BOARD, created pursuant to section
[seven hundred] 11-0327 of the  [executive]  ENVIRONMENTAL  CONSERVATION
law.
  (iii)  Earned  income  from  the sale of all lifetime licenses, except
income earned on the proceeds of the sale of a lifetime  license  during
the  period  from  sale  of  such  license until April first of the year
following one full year of deposit of the proceeds of the sale  of  such
lifetime license, shall be available for deposit within the conservation
fund pursuant to paragraph one of this subdivision in an amount equal to
the  cost  of  the  appropriate  annual license. The earned income which
exceeds the current cost of each annual license comparable to the  life-
time  license,  shall  be  added  to the trust account as principal. The
earned income from lifetime licenses issued to persons who are under the
legal age to implement such licenses shall be added to the trust account
as principal until such person becomes of legal age  to  hunt,  fish  or
trap.  BEGINNING  APRIL  FIRST,  TWO THOUSAND FIFTEEN, UP TO ONE MILLION
FIVE HUNDRED THOUSAND DOLLARS ANNUALLY FROM  THE  STATE  FISH  AND  GAME
TRUST  ACCOUNT SHALL BE AVAILABLE FOR DEPOSIT WITHIN THE HABITAT CONSER-
VATION AND ACCESS ACCOUNT ESTABLISHED PURSUANT TO SECTION EIGHTY-THREE-A
OF THIS ARTICLE.
  S 2. Subdivision (h) of  section  83  of  the  state  finance  law  is
REPEALED.
  S  3. The state finance law is amended by adding a new section 83-a to
read as follows:
  S 83-A. HABITAT CONSERVATION AND ACCESS ACCOUNT. (A) THERE  IS  HEREBY
CREATED  AN  ACCOUNT WITHIN THE MISCELLANEOUS CAPITAL PROJECTS FUND, THE
HABITAT CONSERVATION AND ACCESS ACCOUNT. THE  HABITAT  CONSERVATION  AND
ACCESS  ACCOUNT SHALL CONSIST OF ALL MONEYS FROM FUNDS OF THE STATE FISH
AND GAME TRUST ACCOUNT AUTHORIZED TO BE DEPOSITED PURSUANT  TO  SUBPARA-
GRAPH (III) OF PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
OF THIS ARTICLE RECEIVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
FROM  THE  SALE OF LIFETIME LICENSES FOR HUNTING, TRAPPING, AND FISHING,
AND ALL MONEYS, REVENUES AND INTEREST THEREON RECEIVED AS  A  RESULT  OF
THE APPLICATION OF SUBDIVISION SEVENTEEN OF SECTION 11-0305 OF THE ENVI-
RONMENTAL  CONSERVATION  LAW AUTHORIZING THE ISSUANCE AND SALE OF VOLUN-
TARY HABITAT STAMPS, OTHER THAN THE AMOUNT RETAINED BY THE ISSUING AGENT
OR OFFICER.   THE HABITAT  CONSERVATION  AND  ACCESS  ACCOUNT  SHALL  BE
SUBJECT  TO  THE  SAME  RESTRICTIONS AND PROTECTIONS AS THE CONSERVATION
FUND.
  (B) THESE MONEYS, AFTER APPROPRIATION BY THE LEGISLATURE,  AND  WITHIN
THE  AMOUNTS  SET FORTH AND FOR THE SEVERAL PURPOSES SPECIFIED, SHALL BE
AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE  CAPI-
TAL  EXPENSES ASSOCIATED WITH MANAGEMENT, PROTECTION, AND RESTORATION OF

S. 2008                            55                            A. 3008

FISH AND WILDLIFE HABITATS, AND IMPROVEMENT AND  DEVELOPMENT  OF  PUBLIC
ACCESS FOR FISH AND WILDLIFE RELATED RECREATION.
  (C) ALL PAYMENTS MADE FROM THE HABITAT CONSERVATION AND ACCESS ACCOUNT
SHALL  BE MADE BY THE DEPARTMENT OF TAXATION AND FINANCE AFTER AUDIT AND
UPON WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION. AFTER APPROPRIATIONS MADE AVAILABLE  FROM
THE  HABITAT  CONSERVATION  AND ACCESS ACCOUNT SHALL CEASE TO HAVE FORCE
AND EFFECT, ANY BALANCES REMAINING UNEXPENDED AND NOT REQUIRED  TO  MEET
THE  PROPER  AND NECESSARY EXPENSES OF THE DIVISION OF FISH AND WILDLIFE
SHALL REVERT TO THE STATE FISH AND GAME TRUST ACCOUNT ESTABLISHED PURSU-
ANT TO PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE OF THIS
ARTICLE.
  (D) NO FUNDS MAY BE TRANSFERRED OR USED IN ANY WAY WHICH WOULD  RESULT
IN  THE LOSS OF ELIGIBILITY FOR FEDERAL BENEFITS OR FEDERAL FUNDS PURSU-
ANT TO FEDERAL LAW, RULE, OR REGULATION AS ASSENTED TO  IN  CHAPTER  SIX
HUNDRED  EIGHTY-THREE  OF  THE LAWS OF NINETEEN HUNDRED THIRTY-EIGHT AND
CHAPTER SEVEN HUNDRED OF THE LAWS OF NINETEEN HUNDRED FIFTY-ONE.
  S 4. Subdivision 17 of section 11-0305 of the environmental  conserva-
tion  law,  as added by section 3 of part F of chapter 82 of the laws of
2002, is amended to read as follows:
  17. To prepare or cause to be prepared voluntary  habitat  stamps  and
furnish  such stamps annually to license issuing agents and officers for
sale and issuance in the same manner as  licenses  and  other  types  of
stamps. The department shall, by rule, establish the fee for the habitat
stamp  which  shall  [not  exceed]  BE NO LESS THAN five dollars plus an
additional amount for the issuing agent or officer. The  purchase  of  a
stamp  is  voluntary  and a stamp need not be possessed in order to take
fish or wildlife.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2015; provided,
however, that all funds in the habitat account of the conservation fund,
established  pursuant  to  subdivision  (h)  of  section 83 of the state
finance law, on the effective date of this act shall be  transferred  to
the  habitat  conservation  and  access  account established pursuant to
section 83-a of the state finance law as added by section three of  this
act.

                                 PART BB

  Section  1.  Paragraph  a of section 11.00 of the local finance law is
amended by adding a new subdivision 29-a to read as follows:
  29-A. TRANSIT MOTOR VEHICLES. THE PURCHASE OF MUNICIPALLY OWNED  OMNI-
BUS OR SIMILAR SURFACE TRANSIT MOTOR VEHICLES, TEN YEARS.
  S 2. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the applicable effective date of Parts A through BB 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. 2008--A                                            A. 3008--A

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

                            January 21, 2015
                               ___________

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 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 ther-
  eof;  and  to amend chapter 84 of the laws of 2002, amending the state
  finance law relating to the costs of the department of motor vehicles,
  in relation to permanently authorizing payment of department of  motor
  vehicle  costs  from the dedicated highway and bridge trust fund (Part
  A); to amend the infrastructure investment act, in relation to expand-
  ing the definition of  authorized  state  entity  and  increasing  the
  threshold  amounts for projects utilizing design-build contracts (Part
  B); to amend the transportation law, in relation  to  fees  for  motor
  carriers; and to repeal certain provisions of such law relating there-
  to  (Part  C);  to  amend chapter 413 of the laws of 1999, relating to
  providing for mass transportation payments, in relation  to  including
  Ontario   county  to  the  Rochester-Genesee  Regional  Transportation
  District (Part D); to amend the state  finance  law,  in  relation  to
  creating  a  transit assistance for capital investments fund (Part E);
  authorizing the department of transportation to  defer  reductions  in
  service  payments for two years (Part F); to amend the public authori-
  ties law, the highway law, and the public officers law, in relation to
  authorizing shared  services  agreements  between  the  department  of
  transportation  and  the New York state thruway authority (Part G); to
  amend the vehicle and traffic law, in relation to  overweight  permits
  (Part H); to amend the vehicle and traffic law, the criminal procedure
  law and the transportation law, in relation to the issuance of commer-
  cial learner's permits and the disqualification of commercial driver's
  licenses  and  commercial  learner's permits (Part I); to amend public

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

                      [ ] is old law to be omitted.
                                                           LBD12573-02-5

S. 2008--A                          2                         A. 3008--A

  authorities law, in relation to decreasing  state  responsibility  for
  certain  costs  incurred by the New York state thruway authority (Part
  J);  to  amend  the  public  authorities  law,  in  relation  to  toll
  collection  regulations; to amend the public officers law, in relation
  to electronic toll collection data; to amend the vehicle  and  traffic
  law,  in  relation  to liability of vehicle owners for toll collection
  violations; and to amend chapter 774 of the laws of 1950, relating  to
  agreeing  with the state of New Jersey with respect to rules and regu-
  lations governing traffic on vehicular crossings operated by the  port
  of  New  York  authority, in relation to tolls and other charges (Part
  K); to amend the public authorities law, in relation  to  procurements
  by  the New York city transit authority and the metropolitan transpor-
  tation authority (Part L); to amend the New York state urban  develop-
  ment  corporation  act,  in  relation  to extending certain provisions
  relating to the empire state economic development fund  (Part  M);  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 N); 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 O); to authorize the ener-
  gy research and development authority to  finance  a  portion  of  its
  research,  development  and  demonstration  and  policy  and  planning
  programs, and to finance the  department  of  environmental  conserva-
  tion's  climate change program, from an assessment on gas and electric
  corporations (Part P); to amend the  executive  law,  in  relation  to
  extending certain provisions relating to the minority- and women-owned
  business  enterprise  disparity study; and to amend chapter 261 of the
  laws of 1988 amending the state finance law and other laws relating to
  the New York infrastructure trust fund, in relation to the  effective-
  ness  of  article 15-A of the executive law (Part Q); to authorize the
  department of health  to  finance  certain  activities  with  revenues
  generated  from  an assessment on cable television companies (Part R);
  to amend chapter 58 of the laws of 2012 amending the  public  authori-
  ties 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 S); 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 T); to amend the real property law, in relation  to  eliminating
  certain fees charged for an apartment information vendor license (Part
  U); to amend the agriculture and markets law, in relation to eliminat-
  ing  certain  license fees (Part V); to amend part B of chapter 173 of
  the laws of 2013 relating to the issuance of securitized restructuring
  bonds to refinance the outstanding  debt  of  the  Long  Island  power
  authority,  in  relation  to the issuance of securitized restructuring
  bonds to refinance outstanding debt of the Long Island power authority
  (Part W); to amend the navigation law and the state  finance  law,  in
  relation  to license fees and surcharges for the transfer of petroleum
  between vessels, between facilities and vessels, and  between  facili-
  ties, whether onshore or offshore (Part X); to amend the environmental
  conservation  law, in relation to operating permit program fees, state
  air quality control fees and  state  pollutant  discharge  elimination

S. 2008--A                          3                         A. 3008--A

  system  program fees (Part Y); to amend the environmental conservation
  law, in relation to eliminating the registration fee  for  water  well
  driller certification (Part Z); to amend the state finance law and the
  environmental  conservation law, in relation to establishing a habitat
  conservation and access account; and to repeal certain  provisions  of
  the  state  finance law relating thereto (Part AA); to amend the local
  finance law, in relation to establishing a ten year period of probable
  usefulness for municipally owned  omnibus  or  surface  transit  motor
  vehicles  (Part  BB);  and  to  amend  the vehicle and traffic law, in
  relation to directing  the  city  of  Buffalo  to  adjudicate  traffic
  infractions;  and in relation to certain penalties and forfeited secu-
  rity  collected  by  the  city  of  Buffalo  and  granting  a  traffic
  violations  agency certain powers; to amend the general municipal law,
  in relation to establishing the Buffalo traffic violations agency;  to
  amend the state finance law, in relation to the justice court fund; to
  amend  the  criminal procedure law, in relation to a trial by judicial
  hearing officer; and requires the executive director  of  the  Buffalo
  traffic  violations agency to annually issue a report on the progress,
  development and operations of such agency (Part CC)

  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 2015-2016
state fiscal year. Each component is  wholly  contained  within  a  Part
identified as Parts A through CC. 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.  Section 13 of part U1 of chapter 62 of the  laws  of  2003
amending the vehicle and traffic law and other laws relating to increas-
ing  certain  motor vehicle transaction fees, as amended by section 1 of
part C of chapter 57 of the laws of 2014, 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 April 1,
2015;] provided [further,] however, that the amendments to subdivision 3
of  section  205  of the tax law made by section eight of this act shall
expire and be deemed repealed  on  March  31,  2018;  provided  further,
however,  that  the  provisions of section eleven of this act shall take
effect April 1, 2004 [and shall expire and be deemed repealed  on  April
1, 2015].
  S  2.  Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department  of  motor
vehicles, as amended by section 2 of part C of chapter 57 of the laws of
2014, is amended to read as follows:

S. 2008--A                          4                         A. 3008--A

  S  2.  This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take  effect  imme-
diately and shall be deemed to have been in full force and effect on and
after  April  1,  2002[;  provided further, however, that this act shall
expire and be deemed repealed on April 1, 2015].
  S 3. This act shall take effect immediately.

                                 PART B

  Section  1.  Paragraph  (e) of subdivision 6 of section 2 of part F of
chapter 56 of the laws of 2011, constituting the infrastructure  invest-
ment act, is amended to read as follows:
  (e) assist the use of the most efficient and effective procurement and
project  management  for  infrastructure projects in the transportation,
energy, environment, public facilities,  PUBLIC  BUILDING  and  economic
development sectors.
  S 2. Paragraph (a) of section 3 of part F of chapter 56 of the laws of
2011, constituting the infrastructure investment act, 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] ANY STATE AGENCY AS SUCH
TERM IS DEFINED IN SECTION 160 OF  THE  STATE  FINANCE  LAW,  ANY  STATE
AUTHORITY AS SUCH TERM IS DEFINED IN SECTION 2 OF THE PUBLIC AUTHORITIES
LAW,  THE CITY UNIVERSITY OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK,
AND ANY AND ALL AFFILIATES OR SUBSIDIARIES OF SUCH ENTITIES.
  S 3. Section 4 of part F of chapter 56 of the laws of 2011, constitut-
ing the infrastructure investment act, 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] SECTIONS 359, 1678,
1680 AND 1680-A of the public authorities law, [section] SECTIONS 407-A,
6281 AND 7210 of the education law, SECTIONS  8  AND  9  OF  THE  PUBLIC
BUILDINGS LAW, SECTION 11 OF CHAPTER 795 OF THE LAWS OF 1967, SECTIONS 8
AND  9  OF  SECTION  1  OF  CHAPTER  359 OF THE LAWS OF 1968 AS AMENDED,
SECTION 29 OF CHAPTER 337 OF THE LAWS OF 1972, SECTION 21 OF CHAPTER 464
OF THE LAWS OF 1972, and the provisions of any other law to the  contra-
ry,  and  in conformity with the requirements of this act, an authorized
state entity may utilize the alternative delivery method referred to  as
design-build contracts for capital projects related to the state's phys-
ical  infrastructure,  including,  but not limited to, the state's high-
ways, bridges, BUILDINGS, 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, BUILDINGS, dams, flood control
projects, canals, and parks or to improve or add to  the  state's  high-
ways,  bridges,  BUILDINGS,  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 preserva-
tion, or the department of environmental  conservation]  ANY  AUTHORIZED
STATE AGENCY, the total cost of each such project shall not be less than
[one  million  two  hundred  thousand dollars ($1,200,000)] FIVE MILLION
DOLLARS ($5,000,000).
  S 4. Section 8 of part F of chapter 56 of the laws of 2011, constitut-
ing the infrastructure investment act, is amended to read as follows:

S. 2008--A                          5                         A. 3008--A

  S 8. If otherwise  applicable,  capital  projects  undertaken  by  the
authorized state entity pursuant to this act shall be subject to section
135 of the state finance law and section 222 of the labor law; PROVIDED,
HOWEVER, THAT AN AUTHORIZED STATE ENTITY THAT REQUIRES THE CONTRACTOR TO
PREPARE  SEPARATE  SPECIFICATIONS  IN ACCORDANCE WITH SECTION 135 OF THE
STATE FINANCE LAW SHALL BE DEEMED TO BE IN COMPLIANCE WITH PROVISIONS OF
SUCH LAW. FOR ALL CAPITAL PROJECTS USING A  DESIGN-BUILD  CONTRACT  THAT
ARE  ESTIMATED  TO COST IN EXCESS OF $50 MILLION, A PROJECT LABOR AGREE-
MENT, AS DEFINED IN SECTION 222 OF THE LABOR LAW, SHALL BE  INCLUDED  IN
THE  REQUEST  FOR PROPOSALS FOR THE CAPITAL PROJECT UNLESS, BASED UPON A
FEASIBILITY STUDY EXAMINING THE POTENTIAL COST SAVING  AND  EFFICIENCIES
OF  A PROJECT LABOR AGREEMENT, THE AUTHORIZED STATE ENTITY CANNOT DETER-
MINE THAT A PROJECT LABOR AGREEMENT WOULD RESULT IN LABOR  COST  SAVINGS
OF  AT  LEAST  FIVE  PERCENT AND THAT ITS INTEREST IN OBTAINING THE BEST
WORK AT THE LOWEST POSSIBLE  PRICE,  PREVENTING  FAVORITISM,  FRAUD  AND
CORRUPTION,  AND  OTHER  CONSIDERATIONS SUCH AS THE IMPACT OF DELAY, THE
POSSIBILITY OF COST SAVINGS ADVANTAGES, AND ANY HISTORY OF LABOR UNREST,
ARE BEST MET BY REQUIRING A PROJECT LABOR AGREEMENT.
  S 5. Section 17 of part F of chapter 56 of the laws of  2011,  consti-
tuting the infrastructure investment act, is amended to read as follows:
  S 17.  ANY CONTRACT AWARDED PURSUANT TO THIS ACT SHALL BE DEEMED TO BE
AWARDED  PURSUANT  TO  A  COMPETITIVE PROCUREMENT FOR PURPOSES OF PUBLIC
AUTHORITIES LAW SECTION 2879-A.
  S 18. This act shall take effect immediately [and shall expire and  be
deemed  repealed  3  years after such date, provided that, projects with
requests for qualifications issued prior to such repeal shall be permit-
ted to continue under this act notwithstanding such repeal].
  S 6. Notwithstanding the  provisions  of  article  5  of  the  general
construction  law, the provisions of part F of chapter 56 of the laws of
2011, as amended by sections one, two, three, four and five of this act,
are hereby revived and shall continue in full force and effect  as  such
provisions existed on December 8, 2014.
  S 7. This act shall take effect immediately.

                                 PART C

  Section 1. Section 144 of the transportation law is REPEALED and a new
section 144 is added to read as follows:
  S 144. FEES AND CHARGES. THE COMMISSIONER OR THE COMMISSIONER'S DESIG-
NEE SHALL CHARGE AND COLLECT THE FOLLOWING FEES:
  1.  ONE  HUNDRED  DOLLARS  FOR  THE INSPECTION OR RE-INSPECTION OF ALL
MOTOR VEHICLES  TRANSPORTING  PASSENGERS  SUBJECT  TO  THE  DEPARTMENT'S
INSPECTION  REQUIREMENTS  PURSUANT  TO SECTION ONE HUNDRED FORTY OF THIS
ARTICLE AND THE COMMISSIONER'S REGULATIONS, EXCEPT SUCH  MOTOR  VEHICLES
OPERATED  UNDER  CONTRACT  WITH A MUNICIPALITY TO PROVIDE STATEWIDE MASS
TRANSPORTATION OPERATING ASSISTANCE ELIGIBLE SERVICE OR  MOTOR  VEHICLES
USED  PRIMARILY  TO  TRANSPORT PASSENGERS PURSUANT TO SUBPARAGRAPHS (I),
(III) AND (V) OF PARAGRAPH A OF SUBDIVISION TWO OF SECTION  ONE  HUNDRED
FORTY  OF THIS ARTICLE. THE DEPARTMENT MAY DENY FUTURE INSPECTION OF ANY
MOTOR  VEHICLE  TRANSPORTING  PASSENGERS  SUBJECT  TO  THE  DEPARTMENT'S
INSPECTION  REQUIREMENTS  AS  WELL  AS  ISSUANCE  OF  A  CERTIFICATE  OF
INSPECTION, IF SUCH FEE IS NOT PAID WITHIN NINETY DAYS OF RECEIPT OF  AN
INVOICE.
  2.  ALL  FEES CHARGED AND COLLECTED BY THE COMMISSIONER UNDER SUBDIVI-
SION ONE OF THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO  THE

S. 2008--A                          6                         A. 3008--A

DEDICATED  HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S  2.  Subdivision  1  of  section  153  of  the transportation law is
REPEALED and subdivisions 2, 3, 4, 5, 6,  7,  8  and  9  are  renumbered
subdivisions 1, 2, 3, 4, 5, 6, 7 and 8.
  S  2-a.  Subdivisions  1, 6 and 7 of section 153 of the transportation
law, as added by chapter 635 of the laws of 1983 and  as  renumbered  by
section two of this act, are amended to read as follows:
  1.  A  temporary  certificate  of  public convenience and necessity to
operate as a common carrier of passengers may be issued by  the  commis-
sioner  after  public  notice  and  with  or  without hearing, except as
provided in [paragraphs six and eight] SUBDIVISIONS FIVE  AND  SEVEN  of
this  section, to an applicant upon a finding that the applicant is fit,
willing and able to perform a service for which there is an immediate or
urgent need. Such a temporary  certificate  of  public  convenience  and
necessity  may  also  be issued on the commissioner's own motion for the
purpose of experiment or demonstration when the commissioner is  of  the
opinion that such action is required by the public interest.
  6.  Notwithstanding any other provision of law, on any application for
temporary authority to operate a bus line originating or terminating  in
any city, the commissioner shall, in addition to the requirements speci-
fied  in subdivision [two] ONE of this section, also consider and evalu-
ate the application and any objections to the application in  accordance
with the following criteria:
  (a)  The adequacy of the existing mass transit and mass transportation
facilities to meet the transportation needs of any particular segment of
the general public for the proposed service; and
  (b) The impact that the proposed operation may have  on  any  existing
mass transit or mass transportation facilities.
  7.  If  any application to operate a van service originating or termi-
nating within a city is protested by the governing body of such city,  a
bus  line  operating  in  said city or a public transportation authority
created pursuant to titles nine, eleven,  eleven-A,  eleven-B,  eleven-C
and  eleven-D of article five of the public authorities law whose terri-
tory or district includes said city, and a hearing  is  requested,  such
hearing  shall  be held. Based on the evidence submitted at such hearing
the commissioner shall, in addition to  the  requirements  specified  in
subdivision  [two] ONE hereof, consider and evaluate the application and
the objections to the  application  in  accordance  with  the  following
criteria:
  (a)  The adequacy of the existing mass transit and mass transportation
facilities to meet the transportation needs of any particular segment of
the general public for the proposed service; and
  (b) The impact that the proposed operation may have  on  any  existing
mass transit or mass transportation facilities.
  S 3. Subdivisions 1 and 6 of section 154 of the transportation law, as
added  by  chapter  635  of  the  laws  of  1983, are amended to read as
follows:
  1. The commissioner  may  issue  a  permanent  certificate  of  public
convenience  and  necessity to operate as a common carrier of passengers
to an applicant with or without hearing, except as provided in  subdivi-
sions  two  and seven of this section, but upon notice to all interested
parties. If any application for authority to operate a bus line  through
a county, city, village or town or in or through a territory or district
served by a bus line or a public transportation authority created pursu-
ant to titles nine, eleven, eleven-A, eleven-B, eleven-C and eleven-D of

S. 2008--A                          7                         A. 3008--A

article  five  of  the  public  authorities law is protested by any such
municipality, bus line, or public transportation authority, and  hearing
on  such  application  is requested then no permanent authority shall be
granted  prior  to  a hearing held on such application. The commissioner
shall consider any reasonable conditions required of  the  applicant  by
such  municipality  regarding routing and franchise requirements and, in
cities having a population of over one million persons the  commissioner
shall  adopt the intracity routing requirements to the proposed destina-
tion point or points that are established by  any  such  city,  provided
that  such  city  furnishes the routing requirements to the commissioner
within sixty days of the filing of the application with the  department.
In addition the commissioner shall adopt insurance requirements provided
for  by any such city. Except for the routing and insurance requirements
in cities having a population of over one million persons,  the  commis-
sioner  shall  impose requirements on the applicant deemed to be reason-
able and in the public interest as a condition to any authority granted.
[Applications for a permanent certificate  shall  be  accompanied  by  a
filing fee as prescribed in section one hundred forty-four of this chap-
ter.]  The  application  for a permanent certificate shall be granted if
the commissioner finds that:
  (a) the applicant is fit, willing and able to provide the  transporta-
tion to be authorized by the certificate and to comply with this chapter
and the regulations of the commissioner; and
  (b)  the  service  proposed  will be required by the present or future
public convenience and necessity.
  6. Any person holding a permanent  certificate  to  provide  bus  line
service shall not discontinue service on any route unless an application
is  made to the commissioner and the commissioner approves such applica-
tion upon a finding that the public convenience and necessity no  longer
requires  such  bus line service. [Applications for discontinuance shall
be accompanied by a filing fee as  prescribed  in  section  one  hundred
forty-four of this chapter.]
  S  4. Subdivision 1 of section 155 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  1. A permanent permit to operate as a contract carrier  of  passengers
may  be  issued  by  the  commissioner to an applicant with or without a
hearing, but upon notice to all  interested  parties,  authorizing  such
applicant to provide transportation as a contract carrier of passengers.
[Applications  for  a  permanent permit shall be accompanied by a filing
fee as prescribed in section one hundred forty-four  of  this  chapter.]
The  application  for a permanent permit shall be granted if the commis-
sioner finds that:
  (a) the applicant is fit, willing and able to provide the  transporta-
tion  to be authorized by the permit and to comply with this chapter and
the regulations of the commissioner; and
  (b) the proposed service is or will  be  consistent  with  the  public
interest  and the policy declared in section one hundred thirty-seven of
this chapter.
  S 5. Subdivision 3 of section 156 of the transportation law, as  added
by chapter 635 of the laws of 1983, is amended to read as follows:
  3.  Certificates  or  permits shall not be assigned or transferred, in
any manner, nor shall the right to  operate  under  any  certificate  or
permit  be  leased  without prior approval of the commissioner upon such
notice as the  commissioner  shall  deem  appropriate.  The  assignment,
transfer  or  lease  of  certificates or permits or the right to operate
under any certificate or  permit,  shall  not  be  approved  unless  the

S. 2008--A                          8                         A. 3008--A

commissioner  shall find that it is in the public interest to do so. All
applications for transfer or lease must be in such form as prescribed by
the commissioner [and be accompanied by a filing fee  as  prescribed  in
section one hundred forty-four of this chapter].
  S  6. Subdivision 1 of section 173 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  1. A temporary certificate  or  permit  to  operate  as  a  common  or
contract  carrier  of  property  may  be issued by the commissioner to a
qualified applicant with or without a hearing for the purpose of provid-
ing a service for which there is an immediate or urgent need from or  to
a  point  or  points  or within a territory.  Applications for temporary
authority shall contain such information as the  commissioner  by  regu-
lation  may  prescribe  [and  shall  be  accompanied  by a filing fee as
prescribed in section one hundred forty-four of this chapter].
  S 7. Subdivision 1 of section 174 of the transportation law, as  added
by chapter 635 of the laws of 1983, is amended to read as follows:
  1.  A permanent certificate to operate as a common carrier of property
may be issued by the commissioner to a qualified applicant with or with-
out hearing, but upon notice to all interested parties, authorizing such
applicant to provide transportation as a  common  carrier  of  property.
Applications  for a permanent certificate shall contain such information
as the commissioner by regulation may prescribe [and shall  be  accompa-
nied  by a filing fee as prescribed in section one hundred forty-four of
this chapter]. The application for  a  permanent  certificate  shall  be
granted if the commissioner finds that:
  (a)  the applicant is fit, willing and able to provide the transporta-
tion to be authorized by the certificate and to comply with this chapter
and the regulations of the commissioner; and
  (b) that the service proposed will  be  required  by  the  present  or
future public convenience and necessity.
  S  8. Subdivision 1 of section 175 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  1. A permanent permit to operate as a contract carrier of property may
be issued by the commissioner to an applicant with or  without  hearing,
but  upon notice to all interested parties authorizing such applicant to
provide transportation as a contract carrier of property.  [Applications
for  a  permanent  permit  shall  be  accompanied  by  a  filing  fee as
prescribed in section one  hundred  forty-four  of  this  chapter.]  The
application  for a permanent permit shall be granted if the commissioner
finds that:
  (a) the applicant is fit, willing and able to provide the  transporta-
tion  to  be  authorized  and  to comply with this chapter and the regu-
lations of the commissioner; and
  (b) the proposed service to the extent authorized will  be  consistent
with  the public interest and the policy declared in section one hundred
thirty-seven of this chapter.
  S 9. Subdivision 3 of section 177 of the transportation law, as  added
by chapter 635 of the laws of 1983, is amended to read as follows:
  3.  Certificates  or  permits  shall  not  be assigned, transferred or
leased in any manner nor shall the right to operate  under  any  certif-
icate  or  permit  be leased without prior approval of the commissioner,
upon such notice as the commissioner shall deem appropriate. The assign-
ment, transfer or lease of a certificate, or the right to operate  under
any  certificate,  shall  not  be approved unless the commissioner shall
find that it is in the public interest to do so.   All applications  for
assignment,  transfer or lease must be in such form as prescribed by the

S. 2008--A                          9                         A. 3008--A

commissioner [and shall be accompanied by a filing fee as prescribed  in
section one hundred forty-four of this chapter].
  S 10. Subdivision 1 of section 192 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  1. A probationary certificate to operate as a common carrier of house-
hold goods by motor vehicle may be issued by the commissioner to a qual-
ified  applicant  after  public  notice and with or without hearing. The
application shall contain such information as the commissioner by  regu-
lation  shall  prescribe  [and the application shall be accompanied by a
filing fee as prescribed in section one hundred forty-four of this chap-
ter]. A probationary certificate shall:
  (a) create no presumption that a corresponding  permanent  certificate
will be granted;
  (b)  confer  no proprietary or property rights in the use of the high-
ways;
  (c) be granted for a period not to  exceed  one  year,  which  may  be
renewed for an additional one year period by the commissioner; and
  (d) be subject to any conditions deemed appropriate by the commission-
er to be in the public interest.
  S 11. Subdivision 6 of section 193 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  6.  Permanent  certificates issued pursuant to subdivision one of this
section shall have  no  application  fee.  [Applications  for  permanent
certificates  issued  pursuant to subdivision four of this section shall
be accompanied by a filing fee as  prescribed  in  section  one  hundred
forty-four of this chapter.]
  S 12. Subdivision 3 of section 195 of the transportation law, as added
by chapter 635 of the laws of 1983, is amended to read as follows:
  3. Permanent certificates shall not be assigned, transferred or leased
in  any manner nor shall the right to operate under any such certificate
be leased without prior approval of the commissioner upon such notice as
the commissioner shall deem appropriate.  The  assignment,  transfer  or
lease  of  a  permanent  certificate,  shall  not be approved unless the
commissioner shall find that it is in the public interest to do so.  All
applications for transfer or lease must be in such form as prescribed by
the commissioner [and shall be accompanied by a filing fee as prescribed
in section one hundred forty-four of this chapter].
  S  13.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.

                                 PART D

  Section 1. Section 1 of part I of chapter 413 of  the  laws  of  1999,
relating  to  providing  for mass transportation payments, as amended by
section 1 of part L of chapter 59 of the laws of  2006,  is  amended  to
read as follows:
  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, payment of mass transportation operating  assistance  pursuant
to  section  18-b  of  the  transportation  law  shall be subject to the
provisions contained herein and the amounts made available  therefor  by
appropriation.
  In  establishing  service  and usage formulas for distribution of mass
transportation operating assistance, the commissioner of  transportation
may  combine  and/or  take  into  consideration  those  formulas used to
distribute mass transportation operating assistance payments  authorized

S. 2008--A                         10                         A. 3008--A

by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
  To  improve  the  predictability  in  the  level  of funding for those
systems receiving operating assistance payments under service and  usage
formulas,  the  commissioner  of  transportation  is authorized with the
approval of the director of the  budget,  to  provide  service  payments
based on service and usage statistics of the preceding year.
  In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching  payments required to be made by a county to any such authority
shall be as follows:
  Percentage of matching payment required to be provided:

                                  Percentage
                                 of Matching
Local Jurisdiction                 Payment
--------------------------------------------
In  the  Metropolitan Commuter
  Transportation District:
New York City ................          6.40
Dutchess .....................          1.30
Nassau .......................         39.60
Orange .......................          0.50
Putnam .......................          1.30
Rockland .....................          0.10
Suffolk ......................         25.70
Westchester ..................         25.10
In the Capital District Trans-
  portation District:
Albany .......................         56.10
Rensselaer ...................         23.30
Saratoga .....................          4.10
Schenectady ..................         16.50
In  the  Central  New York Re-
  gional  Transportation  Dis-
  trict:
Cayuga .......................         5.11
Onondaga .....................         75.83
Oswego .......................         2.85
Oneida .......................         16.21
In  the  Rochester-Genesee Re-
  gional  Transportation  Dis-
  trict:
Genesee ......................         [1.43] 1.36
Livingston ...................         [0.94] .90
Monroe .......................        [94.58] 90.14
Wayne ........................         [1.03] .98
Wyoming ......................         [0.54] .51
Seneca .......................         [0.67] .64
Orleans ......................         [0.81] .77
ONTARIO ......................                4.69
  In the Niagara Frontier Trans-
  portation District:  Erie .........................              89.20
Niagara ......................         10.80

S. 2008--A                         11                         A. 3008--A

  Notwithstanding  any  other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to  other
public  transportation  systems in payment of state operating assistance
or  such  lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of  trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
  Notwithstanding  the  reporting  date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving  mass  trans-
portation  operating  assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with  the  chairpersons
of  the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner  of  transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
  Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and  at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and  where  payment
is  not  made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian  tribe  or  intercity  bus
company  shall  be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other  basis  as  may  be
agreed  upon  by the commissioner of transportation, the director of the
budget, and the chief executive officer of  such  city,  county,  Indian
tribe or intercity bus company.
  The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation  system. Where the commissioner's evaluation process has iden-
tified a problem related to system  performance,  the  commissioner  may
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating  assistance  payments  to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the  evaluation
process.
  Payments  shall  be  made  contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the  commissioner  of
transportation  and  approved by the director of the budget, which shall
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The  chief  executive
officer  of  each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition  to  informa-
tion  required  by  section  18-b  of the transportation law, such other
information as the commissioner of  transportation  shall  determine  is
necessary to determine compliance and carry out the purposes herein.
  Counties,  municipalities  or  Indian  tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
the service payment formula shall be required to describe  the  proposed
method  of  distributing  governmental  operating  aid and submit it one
month prior to the start of the operator's fiscal year  to  the  commis-
sioner of transportation in writing for review and approval prior to the

S. 2008--A                         12                         A. 3008--A

distribution of state aid. The commissioner of transportation shall only
approve  alternate  distribution  methods  which are consistent with the
transportation needs of the people to be  served  and  ensure  that  the
system  of private operators does not exceed established maximum service
payment limits. Copies of such  approvals  shall  be  submitted  to  the
chairpersons  of  the senate finance and assembly ways and means commit-
tees.
  Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized  to
continue  to  use  prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of  1981.  In
the  event  that  actual  revenue  passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used  as  the  basis  of  payment  upon
approval  by  the  commissioner  of  transportation.  In such event, the
succeeding payment shall be adjusted to reflect the  difference  between
the actual and estimated total number of revenue passengers and vehicle,
nautical  or  car  miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to  operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise  specified  by such commissioner.   In the event that a public
transportation system ceases to participate in  the  program,  operating
assistance  due  for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the  actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
  Payments  shall  be  contingent  on compliance with audit requirements
determined by the commissioner of transportation.
  In the event that an  audit  of  a  public  transportation  system  or
private  operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an  over-
payment  results  from  an  audit  of  revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
ators in cases where more than a reasonable return based  on  equity  or
operating revenues and expenses has resulted, the commissioner of trans-
portation,  in  addition  to  recovering  the  amount of state operating
assistance overpaid, shall also recover  interest,  as  defined  by  the
department of taxation and finance, on the amount of the overpayment.
  Notwithstanding  any  other  law,  rule or regulation to the contrary,
whenever the commissioner of transportation is  notified  by  the  comp-
troller  that  the  amount  of  revenues  available  for payment from an
account is less than the total amount of money for which the public mass
transportation systems  are  eligible  pursuant  to  the  provisions  of
section 88-a of the state finance law and any appropriations enacted for
these  purposes,  the  commissioner  of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
  Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law,  payments
may  be  made  in  quarterly installments or in such other manner and at
such other  times  as  the  commissioner  of  transportation,  with  the
approval of the director of the budget may prescribe.
  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, 2015.

S. 2008--A                         13                         A. 3008--A

                                 PART E

  Section  1.  The  state finance law is amended by adding a new section
99-w to read as follows:
  S 99-W. TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND. 1.  THERE  IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER  OF TAXATION AND FINANCE A SPECIAL CAPITAL FUND TO BE KNOWN
AS THE "TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND."
  2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT
ACCOUNT WITHIN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND:
  METROPOLITAN TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS ACCOUNT
  3. THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS 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  TRANSIT  ASSISTANCE  FOR  CAPITAL
INVESTMENTS FUND SHALL BE RETAINED IN AND BECOME A PART OF SUCH FUND.
  4.  MONEYS  IN  THE  TRANSIT  ASSISTANCE  FOR CAPITAL INVESTMENTS FUND
SHALL, FOLLOWING APPROPRIATION BY THE LEGISLATURE, BE UTILIZED FOR CAPI-
TAL PURPOSES, INCLUDING, BUT NOT LIMITED TO  THE  PLANNING  AND  DESIGN,
ACQUISITION,  CONSTRUCTION,  RECONSTRUCTION,  REPLACEMENT,  IMPROVEMENT,
RECONDITIONING, REHABILITATION AND PRESERVATION OF MASS TRANSIT  FACILI-
TIES,  VEHICLES,  RELATED  EQUIPMENT  AND  ROLLING STOCK WITH AN AVERAGE
SERVICE LIFE OF NO LESS THAN FIVE YEARS.
  5. MONEYS DEPOSITED INTO THE METROPOLITAN TRANSIT ASSISTANCE FOR CAPI-
TAL INVESTMENTS ACCOUNT SHALL BE AVAILABLE TO THE METROPOLITAN TRANSPOR-
TATION AUTHORITY (MTA) AND TO ALL OTHER  PUBLIC  TRANSPORTATION  SYSTEMS
SERVING   PRIMARILY  WITHIN  THE  METROPOLITAN  COMMUTER  TRANSPORTATION
DISTRICT, AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO OF  THE  PUBLIC
AUTHORITIES  LAW,  ELIGIBLE  TO  RECEIVE  OPERATING ASSISTANCE UNDER THE
PROVISIONS OF SECTION EIGHTEEN-B OF THE  TRANSPORTATION  LAW  CONSISTENT
WITH THE USES OUTLINED IN SUBDIVISION FOUR OF THIS SECTION.
  6.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, NO CAPITAL ASSISTANCE
PAYMENT AUTHORIZED UNDER  THIS  SECTION  MAY  BE  APPLIED  TO  OPERATING
EXPENSES.
  7.  ALL  PAYMENTS  OF  MONEY  FROM  THE TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE MADE IN ACCORDANCE WITH A FORMULA TO BE ESTAB-
LISHED BY THE COMMISSIONER OF TRANSPORTATION WITH THE  APPROVAL  OF  THE
DIRECTOR OF THE BUDGET.
  8.  ALL  PAYMENTS  OF  MONEYS  FROM THE TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE MADE ON THE AUDIT AND  WARRANT  OF  THE  COMP-
TROLLER.
  S 2. This act shall take effect immediately.

                                 PART F

  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, the commissioner of transportation may approve the deferral of
any required reductions in service payments to unspecified public trans-
portation systems, pursuant to the hold-harmless provision of the State-
wide Mass Transportation Operating Assistance (STOA) program provided in
17 N.Y.C.R.R. 975.18, on an annual basis for a period of  no  more  than
two years.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.

                                 PART G

S. 2008--A                         14                         A. 3008--A

  Section 1. Section 351 of the public authorities  law  is  amended  by
adding a new subdivision 14 to read as follows:
  14. THE TERM "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TRANSPORTATION.
  S  2. The public authorities law is amended by adding two new sections
357-b and 357-c to read as follows:
  S 357-B. SHARING EMPLOYEES, SERVICES AND RESOURCES.  A SHARED SERVICES
AGREEMENT MAY BE EXECUTED BETWEEN THE AUTHORITY AND  THE  DEPARTMENT  TO
SHARE  EMPLOYEES, SERVICES OR RESOURCES AS DEEMED APPROPRIATE INCLUDING,
BUT NOT LIMITED TO, FOR THE PERFORMANCE OF WORK AND  ACTIVITIES  BY  THE
DEPARTMENT  ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE
AUTHORITY, AND FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE AUTHOR-
ITY ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE DEPART-
MENT. SUCH AGREEMENT OR ANY PROJECT UNDERTAKEN PURSUANT TO  SUCH  AGREE-
MENT  SHALL  NOT  BE  DEEMED TO IMPAIR THE RIGHTS OF BONDHOLDERS AND MAY
PROVIDE FOR, BUT NOT BE LIMITED  TO,  THE  MANAGEMENT,  SUPERVISION  AND
DIRECTION OF SUCH EMPLOYEES' PERFORMANCE OF SUCH SERVICES.
  S  357-C. INDEMNIFICATION AND DEFENSE UNDER SHARED SERVICES AGREEMENT.
1. THE AUTHORITY SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR  EMPLOYEE  OF
THE  DEPARTMENT,  USING  THE FORCES OF THE DEPARTMENT OF LAW PURSUANT TO
SECTION THREE HUNDRED SIXTY-TWO OF THIS TITLE IN ANY ACTION, PROCEEDING,
CLAIM, DEMAND OR THE PROSECUTION OF ANY APPEAL  ARISING  FROM  OR  OCCA-
SIONED  BY  THE ACTS OR OMISSIONS TO ACT IN THE PERFORMANCE OF THE FUNC-
TIONS OF THE AUTHORITY PURSUANT TO A SHARED SERVICES AGREEMENT.
  2. DEFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE CONDI-
TIONED UPON THE FULL COOPERATION OF THE DEPARTMENT.
  3. THE AUTHORITY SHALL INDEMNIFY AND HOLD HARMLESS ANY  UNIT,  ENTITY,
OFFICER  OR  EMPLOYEE  OF  THE  DEPARTMENT IN THE AMOUNT OF ANY JUDGMENT
OBTAINED AGAINST THE DEPARTMENT OR IN THE AMOUNT OF ANY  SETTLEMENT  THE
DEPARTMENT ENTERS INTO WITH THE CONSENT OF THE AUTHORITY FOR ANY AND ALL
CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
OMISSIONS  TO  ACT  OF  THE  AUTHORITY OR ITS SUBSIDIARIES PURSUANT TO A
SHARED SERVICES AGREEMENT; PROVIDED, HOWEVER, THAT THE ACT  OR  OMISSION
FROM WHICH SUCH JUDGMENT OR SETTLEMENT AROSE OCCURRED WHILE THE AUTHORI-
TY  OR  ITS  SUBSIDIARIES  WAS  ACTING WITHIN THE SCOPE OF ITS FUNCTIONS
PURSUANT TO A SHARED SERVICES AGREEMENT.  NO SUCH SETTLEMENT OF ANY SUCH
ACTION, PROCEEDING, CLAIM OR DEMAND SHALL BE MADE WITHOUT  THE  APPROVAL
OF THE BOARD OR ITS DESIGNEE.
  4. ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFICER
OR EMPLOYEE OF THE AUTHORITY THAT ARISES PURSUANT TO ANY SHARED SERVICES
AGREEMENT  SHALL  NOT  BE  CONSTRUED IN ANY WAY TO IMPAIR, ALTER, LIMIT,
MODIFY, ABROGATE OR RESTRICT ANY IMMUNITY AVAILABLE TO OR CONFERRED UPON
ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF THE AUTHORITY,  OR  TO  IMPAIR,
ALTER,  LIMIT,  MODIFY,  ABROGATE  OR  RESTRICT ANY RIGHT TO DEFENSE AND
INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
AL STATUTORY OR COMMON LAW.
  5. THIS SECTION SHALL NOT IN ANY WAY  AFFECT  THE  OBLIGATION  OF  ANY
CLAIMANT TO GIVE NOTICE TO THE STATE AND THE AUTHORITY UNDER SECTION TEN
AND  SECTION ELEVEN OF THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF
LAW.
  6. THE PROVISIONS OF THIS SECTION SHALL NOT BE  CONSTRUED  TO  IMPAIR,
ALTER,  LIMIT  OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER UNDER
ANY INSURANCE AGREEMENT.
  7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN EMPLOYED  PURSUANT
TO  A  SHARED  SERVICES  AGREEMENT,  EMPLOYEES OF THE AUTHORITY, AND ITS

S. 2008--A                         15                         A. 3008--A

SUBSIDIARIES AND THE DEPARTMENT SHALL BE DEEMED EMPLOYEES  OF  ALL  SUCH
ENTITIES AND THE STATE FOR PURPOSES OF THE WORKERS' COMPENSATION LAW.
  S 3. Section 10-a of the highway law is amended by adding a new subdi-
vision 13 to read as follows:
  13.  (A)  THE STATE SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR EMPLOYEE
OF THE NEW YORK STATE THRUWAY AUTHORITY USING THE FORCES OF THE  DEPART-
MENT  OF LAW IN ANY ACTION, PROCEEDING, CLAIM, DEMAND OR THE PROSECUTION
OF ANY APPEAL ARISING FROM OR OCCASIONED BY THE ACTS OR OMISSIONS TO ACT
IN THE PERFORMANCE OF THE FUNCTIONS OF  THE  DEPARTMENT  PURSUANT  TO  A
SHARED SERVICES AGREEMENT.
  (B)  DEFENSE  PURSUANT  TO  PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
CONDITIONED UPON THE FULL COOPERATION OF  THE  NEW  YORK  STATE  THRUWAY
AUTHORITY.
  (C)  THE  STATE  SHALL  INDEMNIFY  AND HOLD HARMLESS ANY UNIT, ENTITY,
OFFICER OR EMPLOYEE OF THE NEW  YORK  STATE  THRUWAY  AUTHORITY  IN  THE
AMOUNT  OF  ANY  JUDGMENT  OBTAINED  AGAINST  THE NEW YORK STATE THRUWAY
AUTHORITY OR IN THE AMOUNT OF ANY SETTLEMENT THE NEW YORK STATE  THRUWAY
AUTHORITY  ENTERS  INTO  WITH  THE  CONSENT OF THE STATE FOR ANY AND ALL
CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
OMISSIONS TO ACT OF THE DEPARTMENT PURSUANT TO A SHARED SERVICES  AGREE-
MENT,  PROVIDED, HOWEVER, THAT THE ACT OR OMISSION FROM WHICH SUCH JUDG-
MENT OR SETTLEMENT AROSE OCCURRED WHILE THE DEPARTMENT WAS ACTING WITHIN
THE SCOPE OF ITS FUNCTIONS PURSUANT TO A SHARED SERVICES AGREEMENT.  ANY
SUCH SETTLEMENT SHALL BE EXECUTED PURSUANT TO SECTION  TWENTY-A  OF  THE
COURT OF CLAIMS ACT.
  (D)  ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFI-
CER OR EMPLOYEE OF THE DEPARTMENT PURSUANT TO ANY SHARED SERVICES AGREE-
MENT SHALL NOT BE CONSTRUED IN ANY WAY TO IMPAIR, ALTER, LIMIT,  MODIFY,
ABROGATE  OR  RESTRICT  ANY  IMMUNITY AVAILABLE TO OR CONFERRED UPON ANY
UNIT, ENTITY, OFFICER OR EMPLOYEE  OF  THE  DEPARTMENT,  OR  TO  IMPAIR,
ALTER,  LIMIT,  MODIFY,  ABROGATE  OR  RESTRICT ANY RIGHT TO DEFENSE AND
INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
AL STATUTORY OR COMMON LAW.
  (E) THIS SUBDIVISION SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF ANY
CLAIMANT TO GIVE NOTICE TO THE STATE UNDER SECTIONS TEN  AND  ELEVEN  OF
THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF LAW.
  (F)  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT BE CONSTRUED TO
IMPAIR, ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER
UNDER ANY INSURANCE AGREEMENT.
  (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EMPLOYEES OF THE THRU-
WAY AUTHORITY, ITS SUBSIDIARIES  AND  THE  DEPARTMENT  SHALL  BE  DEEMED
EMPLOYEES  OF  ALL SUCH ENTITIES AND THE STATE FOR PURPOSES OF THE WORK-
ERS' COMPENSATION LAW.
  (H) ANY PAYMENT MADE PURSUANT TO THIS SUBDIVISION OR ANY  MONIES  PAID
FOR  A  CLAIM  AGAINST OR SETTLEMENT WITH THE DEPARTMENT OR THE NEW YORK
STATE THRUWAY AUTHORITY PURSUANT TO  THIS  SECTION  AND  PURSUANT  TO  A
SHARED  SERVICES AGREEMENT SHALL BE PAID FROM APPROPRIATIONS FOR PAYMENT
BY THE STATE PURSUANT TO THE COURT OF CLAIMS ACT.
  S 4. Subdivision 1 of section 17 of the public officers law is amended
by adding a new paragraph (y) to read as follows:
  (Y) FOR PURPOSES OF THIS SECTION, THE TERM  "EMPLOYEE"  SHALL  INCLUDE
MEMBERS OF THE BOARD, OFFICERS AND EMPLOYEES OF THE NEW YORK STATE THRU-
WAY AUTHORITY OR ITS SUBSIDIARIES.

S. 2008--A                         16                         A. 3008--A

  S 5. This act, being necessary for the prosperity of the state and its
inhabitants,  shall  be  liberally  construed to effect the purposes and
secure the beneficial intents hereof.
  S  6.  If  any provision of any section of this act or the application
thereof to any person or circumstance shall be  adjudged  invalid  by  a
court  of  competent  jurisdiction,  such  order  or  judgment  shall be
confined in its operation to the controversy in which it  was  rendered,
and shall not affect or invalidate the remainder of any provision of any
section  of  this  act or the application thereof to any other person or
circumstance and to this end the provisions of each section of this  act
are hereby declared to be severable.
  S 7. This act shall take effect immediately.

                                 PART H

  Section  1.  Subdivision  15 of section 385 of the vehicle and traffic
law is amended by adding a new paragraph (l) to read as follows:
  (L) WHEN AN ANNUAL PERMIT IS ISSUED, PURSUANT TO THIS SUBDIVISION, FOR
THE OPERATION OF A VEHICLE WITH A MAXIMUM  GROSS  WEIGHT  IN  EXCESS  OF
EIGHTY  THOUSAND POUNDS, SUCH PERMIT SHALL SERVE AS PROOF OF THE MAXIMUM
GROSS WEIGHT ALLOWED FOR SUCH VEHICLE NOTWITHSTANDING THE MAXIMUM  GROSS
WEIGHT  FOR  SUCH  VEHICLE AS STATED ON THE APPLICATION FOR REGISTRATION
PROVIDED THAT THE OPERATION OF SUCH VEHICLE IS IN  COMPLIANCE  WITH  THE
TERMS  OF  THE  ANNUAL  PERMIT ISSUED AND ANY REQUIREMENTS OR CONDITIONS
APPLICABLE THERETO.
  S 2. Paragraph (b) of schedule F of subdivision 7 of  section  401  of
the  vehicle  and  traffic  law, as amended by chapter 55 of the laws of
1992, is amended to read as follows:
  (b) As used in this schedule, the term "snow plow" shall  not  include
farm  type  tractors  used exclusively for agricultural purposes, or for
snow plowing other than for hire, as  defined  in  section  one  hundred
twenty-five  of  this  chapter,  when used for plowing or removing snow,
provided such plowing or snow removal is not done for hire.
  No person shall operate or move, or cause or knowingly  permit  to  be
operated  or  moved  on any public highway in this state any auto truck,
agricultural truck or light delivery  car,  registered  in  this  state,
having  a  combined  weight of vehicle and load in excess of the maximum
gross weight for such vehicle as stated on the application for registra-
tion. Such maximum gross weight [cannot] SHALL  NOT  be  more  than  the
weight permitted under section three hundred eighty-five of this chapter
or the weight permitted by the rules or regulations of the department of
transportation  of  any  city  not  wholly included within one county or
under permits that may be issued pursuant  to  such  section,  rules  or
regulations whichever is the least restrictive.
  S  3.  Paragraph  b of subdivision 9 of section 401 of the vehicle and
traffic law, as amended by chapter 847 of the laws of 1968,  is  amended
to read as follows:
  b.  Where  a  vehicle  registered under the provisions of subdivisions
seven or eight of this section on the  basis  of  maximum  gross  weight
requires  a  corrected  registration  because of a load in excess of the
maximum load as certified in the application for  registration,  or  the
registrant  desires  to  register  the  vehicle at a lower gross maximum
weight, an application shall be made for correct registration; PROVIDED,
HOWEVER, THAT WHEN AN ANNUAL PERMIT IS ISSUED  PURSUANT  TO  SUBDIVISION
FIFTEEN  OF  SECTION  THREE  HUNDRED EIGHTY-FIVE OF THIS CHAPTER FOR THE
OPERATION OF A VEHICLE WITH A MAXIMUM GROSS WEIGHT IN EXCESS  OF  EIGHTY

S. 2008--A                         17                         A. 3008--A

THOUSAND POUNDS, A CORRECTED REGISTRATION SHALL NOT BE REQUIRED PURSUANT
TO THIS PARAGRAPH. Upon the surrendering of the certificate of registra-
tion  and  the payment of a fee of two dollars together with the balance
of the annual fee for the correct registration over the fee as previous-
ly  registered,  such corrected registration may be issued. No return of
any part of the fee paid for the previous registration shall be made  in
case of a reduction of maximum gross weight certified in the application
for a corrected registration.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART I

  Section 1. Item 1 of clause (A) of subparagraph (ii) of paragraph  (i)
of  subdivision  1  of  section  201  of the vehicle and traffic law, as
amended by section 1 of part CC of chapter 58 of the laws  of  2011,  is
amended to read as follows:
  (1) fifty-five years where the conviction and suspension or revocation
order relates to a conviction, suspension or revocation by the holder of
any  driver's  license  when  operating  a  commercial motor vehicle, as
defined in subdivision four of section five hundred one-a of this  chap-
ter,  or  by  the  holder of a commercial driver's license OR COMMERCIAL
LEARNER'S PERMIT when operating any motor vehicle, who: has  refused  to
submit to a chemical test pursuant to section eleven hundred ninety-four
of  this chapter or has been convicted of any of the following offenses:
any violation of subdivision ONE, two, TWO-A, three [or], four OR FOUR-A
of section eleven hundred ninety-two of this chapter, any  violation  of
subdivision one or two of section six hundred of this chapter, any felo-
ny  involving  the use of a motor vehicle, other than the use of a motor
vehicle in the commission of a felony involving manufacturing,  distrib-
uting,  dispensing a controlled substance; or the conviction, suspension
or revocation involves any of the following offenses while  operating  a
commercial  motor  vehicle:  any violation of subdivision five or six of
section eleven hundred ninety-two of this chapter, driving a  commercial
motor vehicle when as a result of prior violations committed while oper-
ating  a  commercial  motor  vehicle,  the  driver's commercial driver's
license OR COMMERCIAL LEARNER'S PERMIT is suspended or revoked,  or  has
been  convicted of causing a fatality through the negligent operation of
a commercial motor vehicle, including but not limited to the  crimes  of
vehicular manslaughter and criminally negligent homicide as set forth in
article one hundred twenty-five of the penal law;
  S 2. Subdivision 6 of section 501-a of the vehicle and traffic law, as
added by chapter 173 of the laws of 1990, is amended to read as follows:
  6.  Tank  vehicle.  Any commercial motor vehicle designed to transport
any liquid or gaseous material within [a]: (I) A  tank  that  is  either
permanently  or  temporarily  attached to the vehicle or the chassis AND
HAS A RATED CAPACITY OF ONE THOUSAND GALLONS OR MORE; OR  (II)  MULTIPLE
TANKS  EITHER  PERMANENTLY  OR TEMPORARILY ATTACHED OR SECURED, WHEN THE
AGGREGATE RATED CAPACITY OF THOSE TANKS IS ONE THOUSAND GALLONS OR MORE,
AS DETERMINED BY ADDING THE CAPACITY OF  EACH  INDIVIDUAL  TANK  WITH  A
CAPACITY  OF  MORE  THAN  ONE HUNDRED NINETEEN GALLONS.   [Such vehicles
include, but are not limited to, cargo and portable tanks, as defined in
49 CFR part 171. However, this  definition  does  not  include  portable
tanks  having  a  rated  capacity under one thousand gallons.] PROVIDED,
HOWEVER, IF A COMMERCIAL MOTOR VEHICLE TRANSPORTS ONE OR MORE TANKS THAT
ARE MANIFESTED EITHER AS EMPTY OR AS RESIDUE AND THAT ARE ACTUALLY EMPTY

S. 2008--A                         18                         A. 3008--A

OR CONTAIN ONLY RESIDUE, THOSE TANKS SHALL NOT BE CONSIDERED  IN  DETER-
MINING WHETHER THE VEHICLE IS A TANK VEHICLE.
  S  3. Paragraph (b) of subdivision 1 of section 503 of the vehicle and
traffic law, as amended by section 2 of part D of chapter 58 of the laws
of 2012, is amended to read as follows:
  (b) An application for a license shall be valid for a period  of  time
specified  by regulation of the commissioner not to exceed five years. A
learner's permit shall be valid from its issuance until  the  expiration
of  the  application  for  a  driver's  license for which it was issued.
PROVIDED, HOWEVER, A COMMERCIAL LEARNER'S PERMIT SHALL BE VALID  FOR  NO
MORE  THAN  ONE  HUNDRED  EIGHTY  DAYS,  EXCEPT  THAT SUCH PERMIT MAY BE
RENEWED, IN THE COMMISSIONER'S DISCRETION, FOR AN ADDITIONAL ONE HUNDRED
EIGHTY DAYS. Provided,  however,  that  a  COMMERCIAL  learner's  permit
issued  by  the  commissioner  in  connection  with an application for a
commercial driver's license shall be cancelled within sixty days of  the
holder's  medical  certification  status  becoming "not-certified" based
upon: (i) the  expiration  of  the  holder's  medical  certification  or
medical  variance  documentation  required  by the federal motor carrier
safety improvement act of 1999 and Part 383.71(h) of  title  49  of  the
code  of  federal  regulations; (ii) the holder's failure to submit such
medical certification or medical variance documentation at  such  inter-
vals  as required by the federal motor carrier safety improvement act of
1999 and Part 383.71(h) of title 49 of the code of  federal  regulations
and  in a manner prescribed by the commissioner; or (iii) the receipt by
the commissioner of information from the issuing medical examiner or the
federal motor carrier safety administration that a medical certification
or medical variance was issued in error or rescinded.  The  commissioner
shall, upon a holder's status becoming "not-certified", notify the hold-
er  of  such  COMMERCIAL  learner's  permit  issued in connection with a
commercial driver's license application  by  first  class  mail  to  the
address  of  such  person  on file with the department or at the current
address provided by the United States  postal  service  of  his  or  her
"not-certified"  medical  certification  status  and that the commercial
motor vehicle privileges of such COMMERCIAL  learner's  permit  will  be
cancelled  unless he or she submits a current medical certificate and/or
medical variance in accordance with Part 383.71(h) of title  49  of  the
code  of federal regulations or changes his or her self-certification to
driving only in excepted [or intrastate]  commerce  in  accordance  with
Part 383.71(b)[(ii)(B), (C) or (D)](1) of title 49 of the code of feder-
al regulations.
  S  4.  Subdivision  6 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph o to read as follows:
  O. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
WHERE  REVOCATION  IS  MANDATORY PURSUANT TO SUBPARAGRAPH (III) OF PARA-
GRAPH A OF SUBDIVISION TWO OF THIS  SECTION  INVOLVING  A  VIOLATION  OF
SECTION  THREE  HUNDRED  NINETY-TWO  OF  THIS  CHAPTER IN RELATION TO AN
APPLICATION FOR A COMMERCIAL DRIVER'S LICENSE OR A COMMERCIAL  LEARNER'S
PERMIT,  NO  NEW  COMMERCIAL  DRIVER'S  LICENSE  OR COMMERCIAL LEARNER'S
PERMIT SHALL BE ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER  EXCEPT  IN
THE DISCRETION OF THE COMMISSIONER.
  S  5.  Paragraph  (b) of subdivision 3 of section 510-a of the vehicle
and traffic law, as amended by section 7 of part K of chapter 59 of  the
laws of 2009, is amended, and two new subdivisions 9 and 10 are added to
read as follows:
  (b)  A  commercial  driver's license shall be suspended by the commis-
sioner for a period of one hundred  twenty  days  where  the  holder  is

S. 2008--A                         19                         A. 3008--A

convicted  of three serious traffic violations as defined in subdivision
four of this section committed within a three year period,  in  separate
incidents  whether  such  convictions occurred within or outside of this
state.  [Such  suspension  shall take effect upon the termination of any
other suspension already in effect pursuant to  paragraph  (a)  of  this
subdivision or this paragraph.]
  9.  APPLICATION  OF  DISQUALIFICATIONS  TO  HOLDERS  OF  A  COMMERCIAL
LEARNER'S PERMIT.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ANY
PROVISION  OF THIS CHAPTER RELATING TO THE REVOCATION, SUSPENSION, DOWN-
GRADING, DISQUALIFICATION  OR  CANCELLATION  OF  A  COMMERCIAL  DRIVER'S
LICENSE SHALL APPLY IN THE SAME MANNER TO A COMMERCIAL LEARNER'S PERMIT.
  10.  CONSECUTIVE  DISQUALIFICATION  PERIODS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, ANY SUSPENSION, REVOCATION OR DISQUALIFICATION  APPLI-
CABLE  TO  THE  HOLDER  OF  A  COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL
LEARNER'S PERMIT THAT IS REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE
OF FEDERAL REGULATIONS AND BY THE PROVISIONS OF THIS CHAPTER SHALL  TAKE
EFFECT  UPON  THE  EXPIRATION OF THE MINIMUM PERIOD OF ANY OTHER SUSPEN-
SION, REVOCATION OR DISQUALIFICATION OF SUCH LICENSE OR PERMIT  THAT  IS
REQUIRED  BY  PART 383.51 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS
AND BY THE PROVISIONS OF THIS CHAPTER.
  S 6. Paragraph (d) of subdivision 1 of section 514 of the vehicle  and
traffic  law, as added by section 7 of part CC of chapter 58 of the laws
of 2011, is amended to read as follows:
  (d) Notwithstanding the provisions of paragraphs (a), (b) and  (c)  of
this  subdivision,  upon a judgment of conviction for a violation of any
provisions of this chapter or of any local law, rule, ordinance or regu-
lation relating to traffic (except one related to parking,  stopping  or
standing), the court or the clerk thereof shall, within ninety-six hours
of  the  imposition  of  the  sentence, file the certificate required by
paragraph (a) of this subdivision, if the person convicted: (i)  is  the
holder of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license
issued  by  another  state; or (ii) does not hold a COMMERCIAL LEARNER'S
PERMIT OR A commercial driver's license, but has been issued  a  license
by another state and is convicted of a violation that was committed in a
commercial motor vehicle, as defined in subdivision four of section five
hundred one-a of this title.
  S  7. Subdivisions 1 and 2 of section 514-a of the vehicle and traffic
law, as added by chapter 173 of the laws of 1990, are amended to read as
follows:
  1. Each person who operates a commercial motor vehicle for a New  York
state  employer  who is convicted of violating within or outside of this
state, in any type of motor vehicle, a state or local  law  relating  to
motor  vehicle  traffic  control (other than a parking violation), shall
notify his/her current employer of  such  conviction.  [Any  person  who
holds  a commercial driver's license issued by the commissioner who does
not operate a commercial motor vehicle for a New York state employer  or
who  operates  a  commercial  motor  vehicle  while self-employed who is
convicted in any other state, the District of  Columbia  or  a  Canadian
province  of violating any law relating to motor vehicle traffic control
(other than a parking violation)  while  operating  a  commercial  motor
vehicle  shall notify the commissioner of such conviction.] Such notifi-
cation must be made within thirty days after the date  that  the  person
has been convicted except that if a person is a bus driver as defined in
section  five  hundred nine-a of this chapter, such notification must be
made within five days after the date the person has  been  convicted  as
required  by  section  five  hundred  nine-i  of this chapter. The above

S. 2008--A                         20                         A. 3008--A

notification must be made in writing and contain the following  informa-
tion:  (a)  driver's full name; (b) driver's license number; (c) date of
conviction; (d) the specific criminal or other offense(s), serious traf-
fic violation(s) of state or local law relating to motor vehicle traffic
control,  for which the person was convicted and any suspension, revoca-
tion, cancellation of any driving privileges  or  disqualification  from
operating   a   commercial   motor  vehicle  which  resulted  from  such
conviction(s); (e) indication whether the violation was in a  commercial
motor  vehicle;  (f) location of offense; (g) court or tribunal in which
the conviction occurred; and (h) driver's signature.
  2. Each person who operates a commercial motor vehicle for a New  York
state  employer  who  has  a  COMMERCIAL  LEARNER'S PERMIT OR A driver's
license suspended, revoked, or canceled by the commissioner  or  by  the
appropriate  authorities  of  any  other  state, District of Columbia or
Canadian province, or who loses the right to operate a commercial  motor
vehicle in any state or jurisdiction for any period, or who is disquali-
fied  from  operating  a  commercial motor vehicle for any period, shall
notify his/her current employer of such suspension, revocation,  cancel-
lation, lost privilege, or disqualification.
  S 8. Section 514-c of the vehicle and traffic law, as added by chapter
251 of the laws of 2007, is amended to read as follows:
  S 514-c. Notification of non-resident commercial operator convictions.
Within  ten  days  of  the conviction of: (a) any holder of a COMMERCIAL
LEARNER'S PERMIT OR A commercial  driver's  license  issued  by  another
state  for any violation of state or local law regulating traffic, other
than a parking, stopping or standing violation, committed while  operat-
ing a motor vehicle in this state; or
  (b)  any  holder of a driver's license issued by another state for any
violation of state or local law regulating traffic, other than  a  park-
ing, stopping or standing violation, committed while operating a commer-
cial  motor vehicle in this state, the commissioner shall provide notice
of such conviction to the state which issued  such  holder's  COMMERCIAL
LEARNER'S PERMIT, commercial driver's license or driver's license.
  S 9. Subdivision 9 of section 170.55 of the criminal procedure law, as
added  by  section  8  of  part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
  9. Notwithstanding any other provision of this section,  a  court  may
not issue an order adjourning an action in contemplation of dismissal if
the offense is for a violation of the vehicle and traffic law related to
the  operation  of a motor vehicle (except one related to parking, stop-
ping or standing), or a violation of a  local  law,  rule  or  ordinance
related to the operation of a motor vehicle (except one related to park-
ing,  stopping or standing), if such offense was committed by the holder
of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license or was
committed in a commercial motor vehicle, as defined in subdivision  four
of section five hundred one-a of the vehicle and traffic law.
  S  10.  Paragraph c of subdivision 2 of section 140 of the transporta-
tion law is amended by adding  a  new  subparagraph  (vii)  to  read  as
follows:
  (VII)  NO  PERSON,  CORPORATION, LIMITED LIABILITY COMPANY OR BUSINESS
ENTITY, JOINT STOCK ASSOCIATION, PARTNERSHIP, OR ANY  OFFICER  OR  AGENT
THEREOF,  SHALL KNOWINGLY ALLOW, REQUIRE, PERMIT OR AUTHORIZE ANY PERSON
TO OPERATE A COMMERCIAL  MOTOR  VEHICLE,  AS  DEFINED  IN  SECTION  FIVE
HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW, DURING ANY PERIOD IN WHICH
THE OPERATOR:

S. 2008--A                         21                         A. 3008--A

  (A)  DOES  NOT  HAVE A VALID COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL
DRIVER'S LICENSE; OR
  (B) DOES NOT HAVE A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S
LICENSE WITH THE PROPER CLASS OR ENDORSEMENTS; OR
  (C)  VIOLATES  ANY RESTRICTION ON SUCH OPERATOR'S COMMERCIAL LEARNER'S
PERMIT OR COMMERCIAL DRIVER'S LICENSE; OR
  (D) HAS A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL  DRIVER'S  LICENSE
THAT  IS  SUSPENDED,  REVOKED  OR  CANCELLED,  OR SUCH OPERATOR HAS BEEN
OTHERWISE DISQUALIFIED BY THE COMMISSIONER OF MOTOR VEHICLES; OR
  (E) HAS MORE THAN ONE COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL  DRIV-
ER'S LICENSE.
  A  VIOLATION OF THIS SUBPARAGRAPH SHALL BE PUNISHABLE BY A FINE OF NOT
LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS.
  S 11. This act shall take effect July  8,  2015  and  shall  apply  to
violations  committed  on or after such date, and shall apply to permits
issued on or after such date.

                                 PART J

  Section 1. Subdivision 2 of section 357-a of  the  public  authorities
law,  as added by section 1 of part E of chapter 58 of the laws of 2013,
is amended to read as follows:
  2. The state shall be responsible for additional  goods  and  services
provided  by  the  authority  equal  to [twenty-four million] TWENTY-ONE
MILLION FIVE HUNDRED THOUSAND 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.
  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, 2015.

                                 PART K

  Section 1. Section 2985 of title 11 of article 9 of the public author-
ities law is designated title 11-A and such title is amended by adding a
new title heading to read as follows:
                            TOLL COLLECTIONS
  S  2.  Subdivision 1 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  1. Notwithstanding any other provision of law, every public  authority
which  operates  a  toll highway bridge and/or tunnel facility is hereby
authorized and empowered to impose monetary liability [on the owner of a
vehicle] for failure [of an operator thereof] to comply  with  the  toll

S. 2008--A                         22                         A. 3008--A

collection  regulations  of such public authority in accordance with the
provisions of this section.
  S  3.  Subdivision 3 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  3. For purposes of this section,  the  term  "owner"  shall  mean  any
person,  corporation,  partnership, firm, agency, association, lessor or
organization who, [at the time of the violation] WHEN THE OBLIGATION  TO
PAY  THE  TOLL IS INCURRED and with respect to the vehicle identified in
the notice of liability: (a) is the beneficial  or  equitable  owner  of
such vehicle; or (b) has title to such vehicle; or (c) is the registrant
or co-registrant of such vehicle which is registered with the department
of motor vehicles of this state or any other state, territory, district,
province,  nation  or  other jurisdiction; or (d) subject to the limita-
tions set forth in subdivision ten of this section, uses such vehicle in
its vehicle renting and/or leasing business; and includes (e)  a  person
entitled  to  the  use and possession of a vehicle subject to a security
interest in another person. For  purposes  of  this  section,  the  term
"photo-monitoring  system" shall mean a vehicle sensor installed to work
in conjunction with  a  toll  collection  facility  which  automatically
produces  one or more photographs, one or more microphotographs, a vide-
otape or other recorded images of each vehicle at the time it is used or
operated in [violation of toll collection regulations] OR  UPON  A  TOLL
FACILITY.  For purposes of this section, the term "toll collection regu-
lations"  shall  mean: those rules and regulations of a public authority
providing  for  and  requiring  the  payment  of  tolls  and/or  charges
prescribed  by  such public authority for the use of bridges, tunnels or
highways under its jurisdiction or those  rules  and  regulations  of  a
public  authority  making it unlawful to refuse to pay or to evade or to
attempt to evade the payment of all or part of any  toll  and/or  charge
for  the  use  of bridges, tunnels or highways under the jurisdiction of
such public authority. For purposes of this section, the term  "vehicle"
shall  mean every device in, upon or by which a person or property is or
may be transported or drawn upon a highway, except devices  used  exclu-
sively upon stationary rails or tracks.
  S  4.  Subdivision 4 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  4. A certificate, sworn to or affirmed  by  an  agent  of  the  public
authority  which  charged  that  the  violation occurred, or a facsimile
thereof, based upon inspection of [photographs, microphotographs,  vide-
otape or other recorded images] DATA OR IMAGES produced by [a photo-mon-
itoring]  AN  ELECTRONIC  TOLL  COLLECTION system OR OTHER RECORDS MAIN-
TAINED BY OR ON BEHALF OF THE PUBLIC AUTHORITY REGARDING TOLL VIOLATIONS
shall be prima facie evidence of the facts contained therein  and  shall
be  admissible in any proceeding charging a violation of toll collection
regulations, provided that any [photographs, microphotographs, videotape
or other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing  such
a  violation  shall  be  available  for  inspection  and  admission into
evidence  in  any  proceeding  to  adjudicate  the  liability  for  such
violation.
  S  5.  Subdivision 5 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  5. An owner found liable for a  violation  of  toll  collection  regu-
lations  pursuant to this section shall for a first violation thereof be
liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER  CHARGES  AND
FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
dollars  or two times the toll evaded whichever is greater; for a second

S. 2008--A                         23                         A. 3008--A

violation thereof both within eighteen months be  liable  for  THE  FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary  penalty  not to exceed [one] TWO hundred dollars or five times
the  toll  evaded  whichever  is  greater;  for  a  third  or subsequent
violation thereof all within eighteen months  be  liable  for  THE  FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary  penalty  not  to exceed [one] THREE hundred [fifty] dollars or
ten times the toll evaded whichever is greater.
  S 6. Paragraphs (a), (b) and (d) of subdivision 7 of section  2985  of
the public authorities law, as added by chapter 379 of the laws of 1992,
are amended to read as follows:
  (a)  A  notice  of liability shall be sent by first class mail to each
person alleged to be  liable  as  an  owner  for  a  violation  of  toll
collection regulations. Such notice shall be mailed no later than [thir-
ty] ONE HUNDRED TWENTY days after the alleged violation. Personal deliv-
ery  on the owner shall not be required. A manual or automatic record of
mailing prepared in the ordinary course of business shall be prima facie
evidence of the mailing of the notice.
  (b) A notice of liability shall contain the name and  address  of  the
person  alleged  to  be  liable  as  an  owner  for  a violation of toll
collection regulations pursuant to this section, the registration number
AND STATE OF REGISTRATION of the vehicle involved in such violation, the
[location where such violation took place, the date and time] LOCATIONS,
DATES AND TIMES of EACH USE OF THE FACILITY THAT FORMS THE BASIS OF such
violation, THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND  FEES,
and  the identification number of the [photo-monitoring] ELECTRONIC TOLL
COLLECTION system which recorded the [violation] VEHICLE BEING  USED  OR
OPERATED ON THE TOLL FACILITY or other document locator number.
  (d)  The  notice  of  liability  shall be prepared and mailed by OR ON
BEHALF OF the public authority having jurisdiction over the toll facili-
ty where the violation of toll collection regulations occurred.
  S 7. Subdivision 8 of section 2985 of the public authorities  law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  8.  Adjudication  of the liability imposed upon owners by this section
shall be by the entity having jurisdiction over violations of the  rules
and  regulations of the public authority serving the notice of liability
or where authorized by an administrative  tribunal  and  all  violations
shall  be  heard  and determined in the county in which the violation is
alleged to have occurred, or in New York city and upon  the  consent  of
both  parties,  in  any  county within New York city in which the public
authority operates or maintains a facility, and in the  same  manner  as
charges  of  other  regulatory  violations  of  such public authority or
pursuant to the rules and regulations of such administrative tribunal as
the case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT  ADJUDICATES
LIABILITY  FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE ASSESSED
TOLLS AND OTHER CHARGES AND FEES IN ADDITION  TO  THE  MONETARY  PENALTY
OWED,  AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGU-
LATIONS WERE VIOLATED THE FULL AMOUNT OF THE ASSESSED  TOLLS  AND  OTHER
CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY.
  S  8. Subdivision 10 of section 2985 of the public authorities law, as
amended by chapter 666 of the laws  of  1993,  is  amended  to  read  as
follows:
  10.  An  owner  who  is  a  lessor  of  a vehicle to which a notice of
[liability] USE OF THE TOLL FACILITY BY SUCH VEHICLE was issued  [pursu-
ant  to  subdivision seven of this section] shall not be liable for [the
violation] PAYMENT of the [toll collection regulation] TOLLS  AND  OTHER

S. 2008--A                         24                         A. 3008--A

CHARGES  AND  FEES provided that he or she sends to the public authority
[serving the   notice of liability and to  the  court  or  other  entity
having  jurisdiction]  OR  ITS  DULY AUTHORIZED AGENT FOR THIS PURPOSE a
copy  of the rental, lease or other such contract document covering such
vehicle on the date of [the violation] USE OF THE  TOLL  FACILITY,  with
the  name  and address of the lessee clearly legible, within thirty days
after receiving the [original] FIRST notice of [liability]  USE  OF  THE
TOLL  FACILITY BY SUCH VEHICLE.  Failure to send such information within
such thirty day time period shall render the lessor liable  for  PAYMENT
OF  the  TOLLS  AND OTHER CHARGES AND FEES AND ANY penalty prescribed by
this section. Where the lessor complies  with  the  provisions  of  this
subdivision,  the lessee of such vehicle on the date of such [violation]
USE OF THE TOLL FACILITY shall be deemed to be the owner of such vehicle
for purposes of this section and shall be [subject to liability for  the
violation  of  toll  collection  regulations,  provided that] LIABLE FOR
PAYMENT OF THE TOLLS AND OTHER CHARGES AND FEES, AND the public authori-
ty [mails a] OR ITS DULY AUTHORIZED AGENT FOR THIS  PURPOSE  SHALL  SEND
ANY  notice of liability to the lessee within [ten days after the court,
or other entity having jurisdiction, deems the lessee to be  the  owner]
ONE HUNDRED TWENTY DAYS AFTER THE VIOLATION IN ACCORDANCE WITH PARAGRAPH
(A) OF SUBDIVISION SEVEN OF THIS SECTION.  FOR PURPOSES OF THIS SUBDIVI-
SION  THE  TERM "NOTICE OF USE OF THE TOLL FACILITY" SHALL MEAN A NOTICE
OF DELINQUENCY ISSUED PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION, OR
A NOTICE OF VIOLATION ISSUED PURSUANT TO SUBDIVISION SEVENTEEN  OF  THIS
SECTION,  OR  A  TOLL INVOICE SEEKING TO COLLECT TOLLS AND OTHER CHARGES
ISSUED PURSUANT TO A TOLL COLLECTION REGULATION. For  purposes  of  this
subdivision  the term "lessor" shall mean any person, corporation, firm,
partnership, agency, association or organization engaged in the business
of renting or leasing vehicles to any lessee under a  rental  agreement,
lease or otherwise wherein the said lessee has the exclusive use of said
vehicle  for  any  period of time. For purposes of this subdivision, the
term "lessee" shall mean any  person,  corporation,  firm,  partnership,
agency,  association or organization that rents, leases or contracts for
the use of one or more vehicles and has exclusive use  thereof  for  any
period of time.
  S  9. Subdivision 11 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  11. Except as provided in subdivision ten of this section, if a person
receives a notice of liability pursuant to this section it  shall  be  a
valid  defense  to  an  allegation  of liability for a violation of toll
collection regulations that the individual who received  the  notice  of
liability  pursuant  to this section was not the owner of the vehicle at
the time the [violation occurred] OBLIGATION FOR PAYMENT OF THE TOLL AND
OTHER CHARGES WAS INCURRED.  If the owner liable for a violation of toll
collection regulations pursuant to this section was not the operator  of
the  vehicle  at  the  time  of the violation, the owner may maintain an
action for indemnification against the operator.
  S 10. Subdivision 12 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  12. "Electronic  toll  collection  system"  shall  mean  a  system  of
collecting  tolls  or  OTHER  charges  [which  is capable of charging an
account holder the appropriate toll or charge by transmission of  infor-
mation  from  an  electronic device on a motor vehicle to the toll lane,
which information is used to charge the account the appropriate toll  or
charge]  USING  ELECTRONIC  DATA AND IMAGES.  In adopting procedures for
the preparation and mailing of a notice of liability, the public author-

S. 2008--A                         25                         A. 3008--A

ity having jurisdiction over the toll facility shall adopt guidelines to
ensure adequate and timely notice  to  all  electronic  toll  collection
system  account  holders  to  inform them when their accounts are delin-
quent.  An  owner  who  is  an  account holder under the electronic toll
collection system shall not be found liable  for  a  violation  of  this
section  unless such authority has first sent a notice of delinquency to
such account holder and the account holder was in fact delinquent at the
time of the violation.
  S 11. Section 2985 of the public authorities law is amended  by adding
four new subdivisions 15, 16, 17 and 18 to read as follows:
  15.  IN ADDITION TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED  PURSU-
ANT  TO  THIS  SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGHWAY,
BRIDGE OR TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED  TO  IMPOSE
AN  ADMINISTRATIVE  FEE  OR  FEES ON AN OWNER, AN OPERATOR OR AN ACCOUNT
HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS.
  16. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION  BY  FIRST
CLASS  MAIL  MAY  INSTEAD  BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF
COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS
PREPARED IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE  EVIDENCE
OF ELECTRONIC NOTICE.
  17. IN ADOPTING PROCEDURES FOR THE PREPARATION AND SENDING OF A NOTICE
OF  LIABILITY,  THE  PUBLIC  AUTHORITY HAVING JURISDICTION OVER THE TOLL
FACILITY SHALL ADOPT GUIDELINES TO ENSURE ADEQUATE AND TIMELY NOTICE  TO
OWNERS  TO  INFORM  AN  OWNER  THAT  THE OWNER'S VEHICLE HAS USED A TOLL
FACILITY WITHOUT PAYING THE TOLL IN VIOLATION OF  THE  RULES  AND  REGU-
LATIONS  OF THE PUBLIC AUTHORITY. AN OWNER SHALL NOT BE FOUND LIABLE FOR
A VIOLATION OF THIS SECTION UNLESS  SUCH  AUTHORITY  HAS  FIRST  SENT  A
NOTICE OF VIOLATION TO SUCH OWNER.
  18. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE
AUTHORITY  ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH AN
ADMINISTRATIVE TRIBUNAL  TO  ADJUDICATE  THE  LIABILITY  OF  OWNERS  FOR
VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE
WITH  THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL REGULATIONS
OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION
OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS-
DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME
TO TIME BE ESTABLISHED  BY  SUCH  AUTHORITIES  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED IN
THE COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN  THE
COUNTY  IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL ADMIN-
ISTRATIVE OFFICES AND REGULATIONS MAY PROVIDE FOR THE CONDUCT  OF  HEAR-
INGS VIA VIDEOCONFERENCING.
  S  12.  Subdivision  2  of  section  87  of the public officers law is
amended by adding a new paragraph (o) to read as follows:
  (O) ARE DATA OR IMAGES  PRODUCED  BY  AN  ELECTRONIC  TOLL  COLLECTION
SYSTEM  UNDER AUTHORITY OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE
OF THE PUBLIC AUTHORITIES LAW.
  S 13. Subdivision 4-d of section 510 of the vehicle and  traffic  law,
as  added  by  chapter  379  of  the laws of 1992, is amended to read as
follows:
  4-d. Suspension of registration for failure to answer or pay penalties
with respect to certain violations. Upon the receipt of a  notification,
IN  THE  MANNER  AND  FORM  PRESCRIBED BY THE COMMISSIONER, from a court
[or], an administrative tribunal,  A  PUBLIC  AUTHORITY,  OR  ANY  OTHER
PUBLIC  ENTITY  IMPOSING  VIOLATIONS,  that  an owner of a motor vehicle
failed to appear on the  return  date  or  dates  or  a  new  subsequent

S. 2008--A                         26                         A. 3008--A

adjourned  date or dates or failed to pay any penalty imposed by a court
or failed to comply with the rules and regulations of an  administrative
tribunal  following  entry of a final decision or decisions, in response
to  [five]  THREE  or more notices of liability or other process, issued
within an eighteen month period FROM ANY AND ALL JURISDICTIONS  charging
such owner with a violation of toll collection regulations in accordance
with  the provisions of section two thousand nine hundred eighty-five of
the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, AND THAT THE OWNER HAS BEEN GIVEN WRITTEN NOTICE THAT THE
COURT, ADMINISTRATIVE TRIBUNAL, PUBLIC AUTHORITY  OR  ANY  OTHER  PUBLIC
ENTITY  IS  SEEKING  TO  HAVE  THE COMMISSIONER OR HIS OR HER AGENT TAKE
ACTION HEREUNDER, the commissioner or his OR HER agent shall suspend the
registration of the vehicle or vehicles involved in the violation or the
privilege of operation of any motor vehicle  owned  by  the  registrant.
Such suspension shall take effect no less than thirty days from the date
on  which notice thereof is sent by the commissioner to the person whose
registration or privilege is suspended and shall remain in effect  until
such registrant has appeared in response to such notices of liability or
has  paid such penalty or in the case of an administrative tribunal, the
registrant has complied with the rules  and  regulations  following  the
entry of a final decision or decisions.
  S  14. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 61 of the laws of 1989 and as renumbered  by  chapter
648  of the laws of 2006, is amended and a new subdivision 9 is added to
read as follows:
  8. [The] EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS  SECTION,  THE
violation of this section shall be punishable by a fine of not less than
twenty-five nor more than two hundred dollars.
  9.  THE  VIOLATION  OF  THIS  SECTION ON A TOLL HIGHWAY, BRIDGE AND/OR
TUNNEL FACILITY SHALL BE PUNISHABLE BY A  FINE  OF  NOT  LESS  THAN  ONE
HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS.
  S 15. Subdivision 5-a of section 401 of the vehicle and traffic law is
amended by adding a new paragraph b-1 to read as follows:
  B-1. IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL THER-
EOF  THERE  IS A CERTIFICATION, IN THE MANNER AND FORM PRESCRIBED BY THE
COMMISSIONER, FROM A COURT, AN ADMINISTRATIVE TRIBUNAL, A PUBLIC AUTHOR-
ITY OR ANY OTHER PUBLIC ENTITY IMPOSING VIOLATIONS, THAT THE  REGISTRANT
OR  HIS  OR  HER  REPRESENTATIVE  FAILED TO APPEAR ON THE RETURN DATE OR
DATES OR A NEW SUBSEQUENT ADJOURNED DATE OR DATES OR FAILED TO  PAY  ANY
PENALTY  IMPOSED BY A COURT OR FAILED TO COMPLY WITH THE RULES AND REGU-
LATIONS OF AN ADMINISTRATIVE TRIBUNAL FOLLOWING ENTRY OF A  FINAL  DECI-
SION  OR DECISIONS, IN RESPONSE TO THREE OR MORE NOTICES OF LIABILITY OR
OTHER PROCESS, ISSUED WITHIN AN EIGHTEEN MONTH PERIOD FROM ANY  AND  ALL
JURISDICTIONS   CHARGING  SUCH  REGISTRANT  WITH  A  VIOLATION  OF  TOLL
COLLECTION REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO
THOUSAND  NINE  HUNDRED  EIGHTY-FIVE  OF  THE  PUBLIC AUTHORITIES LAW OR
SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C  OF  CHAPTER  SEVEN  HUNDRED
SEVENTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED FIFTY, AND THAT THE REGIS-
TRANT HAS BEEN GIVEN  WRITTEN  NOTICE  THAT  THE  COURT,  ADMINISTRATIVE
TRIBUNAL, PUBLIC AUTHORITY OR ANY OTHER PUBLIC ENTITY IS SEEKING TO HAVE
THE  COMMISSIONER OR HIS OR HER AGENT TAKE ACTION HEREUNDER, THE COMMIS-
SIONER OR HIS OR HER AGENT SHALL DENY THE REGISTRATION OR RENEWAL APPLI-
CATION UNTIL THE APPLICANT PROVIDES PROOF FROM THE COURT OR  ADMINISTRA-
TIVE  TRIBUNAL  WHEREIN  THE  CHARGES  ARE PENDING THAT AN APPEARANCE OR
ANSWER HAS BEEN MADE OR IN THE CASE OF AN ADMINISTRATIVE  TRIBUNAL  THAT

S. 2008--A                         27                         A. 3008--A

HE  OR  SHE HAS COMPLIED WITH THE RULES AND REGULATIONS OF SAID TRIBUNAL
FOLLOWING ENTRY OF A FINAL DECISION.  WHERE  AN  APPLICATION  IS  DENIED
PURSUANT   TO  THIS  SECTION,  THE  COMMISSIONER  MAY,  IN  HIS  OR  HER
DISCRETION,  DENY  A  REGISTRATION  OR  RENEWAL APPLICATION TO ANY OTHER
PERSON FOR THE SAME VEHICLE AND  MAY  DENY  A  REGISTRATION  OR  RENEWAL
APPLICATION  FOR  ANY  OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE
APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT  SUCH  REGISTRANT'S
INTENT  HAS BEEN TO EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE THE
COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR
RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS  SUBDIVI-
SION.  SUCH  DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE SUMMONSES
REMAIN UNANSWERED, OR IN THE CASE OF  AN  ADMINISTRATIVE  TRIBUNAL,  THE
REGISTRANT  FAILS  TO  COMPLY  WITH  THE RULES AND REGULATIONS FOLLOWING
ENTRY OF A FINAL DECISION.
  S 16. The vehicle and traffic law is amended by adding a  new  section
518 to read as follows:
  S 518. RECIPROCAL AGREEMENTS CONCERNING SUSPENSION OR DENIAL OF REGIS-
TRATION  OF  A  MOTOR  VEHICLE  FOR  VIOLATIONS OF TOLL COLLECTION REGU-
LATIONS. 1. THE COMMISSIONER MAY EXECUTE A RECIPROCAL COMPACT OR  AGREE-
MENT  REGARDING  TOLL  COLLECTION  VIOLATIONS  WITH  THE  MOTOR  VEHICLE
ADMINISTRATOR OR OTHER AUTHORIZED OFFICIAL OF ANOTHER STATE  NOT  INCON-
SISTENT  WITH  THE PROVISIONS OF THIS CHAPTER. SUCH COMPACT OR AGREEMENT
SHALL PROVIDE THAT IF  A  REGISTRATION  OF  A  MOTOR  VEHICLE  WOULD  BE
SUSPENDED  PURSUANT TO SUBDIVISION FOUR-D OF SECTION FIVE HUNDRED TEN OF
THIS ARTICLE, OR PURSUANT TO A COMPARABLE LAW OR REGULATION  OF  ANOTHER
STATE,  OR  IF  THE  REGISTRATION OR RENEWAL OF A MOTOR VEHICLE WOULD BE
DENIED PURSUANT TO SUBDIVISION FIVE-A OF SECTION  FOUR  HUNDRED  ONE  OF
THIS  CHAPTER,  OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER
STATE, BECAUSE AN OWNER OF A MOTOR VEHICLE (A)  FAILED  TO  APPEAR,  (B)
FAILED  TO  PAY  ANY PENALTY IMPOSED BY A COURT, OR (C) FAILED TO COMPLY
WITH THE RULES AND REGULATIONS OF AN ADMINISTRATIVE  TRIBUNAL  FOLLOWING
ENTRY  OF  A  FINAL  DECISION  IN  RESPONSE  TO THREE OR MORE NOTICES OF
LIABILITY OF OTHER PROCESS ISSUED WITHIN  AN  EIGHTEEN-MONTH  PERIOD  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE OF THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  ONE  THROUGH
SIXTEEN  AND SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, OR WITH ANY COMPARA-
BLE LAW OR REGULATION OF ANOTHER  STATE,  THEN  THE  STATE  ISSUING  THE
REGISTRATION  SHALL LIKEWISE SUSPEND THE REGISTRATION OR DENY THE REGIS-
TRATION OR RENEWAL, UNTIL SUCH REGISTRANT OR APPLICANT HAS  APPEARED  IN
RESPONSE  TO SUCH NOTICES OF LIABILITY, OR HAS PAID SUCH PENALTY, OR, IN
THE CASE OF AN ADMINISTRATIVE TRIBUNAL, THE REGISTRANT OR APPLICANT  HAS
COMPLIED  WITH  THE RULES AND REGULATIONS FOLLOWING THE ENTRY OF A FINAL
DECISION OR DECISIONS.
  2. SUCH COMPACT OR AGREEMENT SHALL ALSO PROVIDE SUCH TERMS AND  PROCE-
DURES AS ARE NECESSARY AND PROPER TO FACILITATE ITS ADMINISTRATION.  ANY
SUCH  COMPACT  OR  AGREEMENT SHALL SPECIFY THE VIOLATIONS SUBJECT TO THE
COMPACT OR AGREEMENT, AND SHALL INCLUDE A  DETERMINATION  OF  COMPARABLE
VIOLATIONS  IN  EACH STATE IF ANY SUCH VIOLATIONS ARE OF A SUBSTANTIALLY
SIMILAR NATURE BUT ARE NOT DENOMINATED OR  DESCRIBED  IN  PRECISELY  THE
SAME WORDS IN EACH PARTY STATE.
  3.  THE  WORD  "STATE" WHEN USED IN THIS SECTION SHALL MEAN ANY STATE,
TERRITORY, A POSSESSION OF THE UNITED STATES, DISTRICT  OF  COLUMBIA  OR
ANY PROVINCE OF CANADA.

S. 2008--A                         28                         A. 3008--A

  S  17.  Paragraph b of subdivision 2 of section 240 of the vehicle and
traffic law, as added by chapter 715 of the laws of 1972, is amended  to
read as follows:
  b.  No  charge  may  be  established  except upon proof by substantial
evidence; EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE  WITH
SECTION  TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES
LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER  SEVEN
HUNDRED  SEVENTY-FOUR  OF  THE LAWS OF NINETEEN HUNDRED FIFTY, NO CHARGE
MAY BE ESTABLISHED EXCEPT UPON PROOF BY  PREPONDERANCE  OF  EVIDENCE  AS
SUBMITTED.
  S  18. Subdivision 10 of section 1209-a of the public authorities law,
as amended by chapter 379 of the laws of 1992, is  amended  to  read  as
follows:
  10.  Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER CHARGES
COLLECTED AND PAID TO THE TRIBOROUGH  BRIDGE  AND  TUNNEL  AUTHORITY  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE OF THIS CHAPTER, ALL penalties  collected  pursuant  to  the
provisions  of this section shall be paid to the authority to the credit
of a transit crime fund which the authority shall establish. Any sums in
this fund shall be used to pay for programs selected by the board of the
authority, in its discretion, to reduce  the  incidence  of  crimes  and
infractions on transit facilities, or to improve the enforcement of laws
against  such crimes and infractions. Such funds shall be in addition to
and not in substitution for any funds provided by the state or the  city
of New York for such purposes.
  S  19.  Section  1209-a  of  the  public authorities law is amended by
adding a new subdivision 11 to read as follows:
  11. NOTICE. ANY NOTICE OR COMMUNICATION REQUIRED TO BE  SENT  PURSUANT
TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT
BY  FIRST  CLASS  MAIL OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNI-
CATION.
  S 20. Section 2 of chapter 774 of the laws of 1950, relating to agree-
ing with the state of New Jersey with respect to rules  and  regulations
governing  traffic  on  vehicular  crossings operated by the port of New
York authority, is amended to read as follows:
  S 2. No traffic shall be permitted  in  or  upon  vehicular  crossings
except upon the payment of such tolls and other charges as may from time
to time be prescribed by the port authority. It is hereby declared to be
unlawful  for  any person to refuse to pay, or to evade or to attempt to
evade the payment of such tolls or other charges.  THE OBLIGATION TO PAY
SUCH TOLLS AND OTHER CHARGES IS INCURRED AT THE TIME OF  ENTRY  INTO  OR
USE OF THE PARTICULAR VEHICULAR CROSSING.
  S  21.  Section  16-a  of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to  rules  and  regu-
lations governing traffic on vehicular crossings operated by the port of
New  York  authority,  as  added  by chapter 379 of the laws of 1992, is
amended to read as follows:
  S 16-a. Owner liability for failure of operator to  comply  with  toll
collection  regulations of the port authority. Notwithstanding any other
provision of law and in accordance  with  the  provisions  of  [section]
SECTIONS  16-b  AND  16-C of this act, an owner of a vehicle may be held
liable for failure of an  operator  thereof  to  comply  with  the  toll
collection  regulations of the port authority of New York and New Jersey
(hereinafter called port authority). The owner of  a  vehicle  shall  be
liable  pursuant  to  this  section if such vehicle was used or operated
with the permission of the owner, express or implied,  in  violation  of

S. 2008--A                         29                         A. 3008--A

the  toll  collection  regulations  of  the  port  authority,  and  such
violation is evidenced by information obtained from  a  photo-monitoring
system,  provided,  however,  that no owner of a vehicle shall be liable
where  the operator of such vehicle has been convicted of a violation of
those toll collection regulations for the same incident.
  S 22. Section 16-b of chapter 774 of the laws  of  1950,  relating  to
agreeing  with  the  state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of the laws of 1992,  subdi-
vision  f  as  amended by chapter 666 of the laws of 1993, is amended to
read as follows:
  S 16-b. Imposition of liability for failure of operator to comply with
toll collection regulations of the port  authority.  The  liability  set
forth  in section 16-a of this act, shall be imposed upon an owner for a
violation by an operator of the toll collection regulations of the  port
authority  occurring  within  the territorial limits of the state of New
York in accordance with the following:
  a. For the purposes of this section AND SECTIONS 16-A AND 16-C OF THIS
ACT, the term "owner" shall mean any person,  corporation,  partnership,
firm,  agency, association, lessor, or organization who, [at the time of
the violation in any city in which a vehicle is operated] WHEN THE OBLI-
GATION TO PAY THE TOLL IS INCURRED:  (i) is the beneficial or  equitable
owner  of  such  vehicle; or (ii) has title to such vehicle; or (iii) is
the registrant or co-registrant of such vehicle which is registered with
the department of motor vehicles of  this  state  or  any  other  state,
territory,  district,  province,  nation  or other jurisdiction; or (iv)
subject to the limitations set forth in subdivision f of  this  section,
uses  such  vehicle  in its vehicle renting and/or leasing business; and
includes (v) a person entitled to the use and possession  of  a  vehicle
subject  to  a  security interest in another person. For the purposes of
this section, the term "operator" shall mean  any  person,  corporation,
firm, partnership, agency, association, organization or lessee that uses
or  operates  a vehicle with or without the permission of the owner, and
an owner who operates his or her own vehicle.    FOR  PURPOSES  OF  THIS
SECTION  AND  SECTION  16-A  OF  THIS  ACT,  THE  TERM  "ELECTRONIC TOLL
COLLECTION SYSTEM" SHALL MEAN A SYSTEM FOR  COLLECTING  TOLLS  OR  OTHER
CHARGES  USING ELECTRONIC DATA AND IMAGES. For purposes of this section,
the term "photo-monitoring system" shall mean a vehicle sensor installed
to work in conjunction with a toll collection  facility  which  automat-
ically produces one or more photographs, one or more microphotographs, a
videotape,  or  other  recorded images of each vehicle at the time it is
used or operated in [violation of the toll collection regulations of the
port authority] OR UPON VEHICULAR CROSSINGS OPERATED BY THE PORT AUTHOR-
ITY. For purposes of this section AND SECTIONS 16-A  AND  16-C  OF  THIS
ACT,  the term "toll collection regulations of the port authority" shall
refer to the traffic  regulations  for  interstate  vehicular  crossings
operated by the port authority as set forth in this chapter and in chap-
ter 192 of the laws of New Jersey of 1950, and specifically that section
of the laws which prohibits traffic in or upon vehicular crossings oper-
ated  by  the  port  authority except upon the payment of such tolls and
other charges as may from time to time be prescribed by the port author-
ity and which further makes it unlawful for any person to refuse to pay,
or to evade or to attempt to evade the payment of such  tolls  or  other
charges.  For purposes of this section AND SECTION 16-A OF THIS ACT, the
term "vehicle" shall mean every device in, upon, or by which a person or

S. 2008--A                         30                         A. 3008--A

property  is  or  may  be  transported  or drawn upon a highway[, except
devices used exclusively upon stationary rails or tracks].
  b. A certificate, sworn to or affirmed by an agent of the port author-
ity,  or  a  facsimile  thereof,  based upon inspection of [photographs,
microphotographs, videotape or other recorded  images]  DATA  OR  IMAGES
produced  by  [a photo-monitoring system] ITS ELECTRONIC TOLL COLLECTION
SYSTEM OR OTHER RECORDS MAINTAINED BY OR ON BEHALF OF THE PORT AUTHORITY
REGARDING TOLL VIOLATIONS shall be prima facie  evidence  of  the  facts
contained  therein  and shall be admissible in any proceeding charging a
violation of toll collection regulations of the port authority, provided
that any [photographs, microphotographs,  videotape  or  other  recorded
images]  SUCH DATA, IMAGES, OR RECORDS evidencing such a violation shall
be available for inspection and admission into evidence in any  proceed-
ing to adjudicate the liability for such violation.
  c.  An imposition of liability pursuant to this section shall be based
upon a preponderance of evidence as submitted. An imposition of  liabil-
ity  pursuant  to  this  section  shall not be deemed a conviction of an
operator and shall not be made  part  of  the  motor  vehicle  operating
record,  furnished  pursuant  to  section 354 of the vehicle and traffic
law, of the person upon whom such liability is imposed nor shall  it  be
used  for insurance purposes in the provision of motor vehicle insurance
coverage.
  d. (i) A notice of liability shall be sent by  first  class  mail  OR,
WITH  CONSENT,  BY  ELECTRONIC  MEANS  OF  COMMUNICATION  to each person
alleged to be liable [as an owner] for  a  violation  pursuant  to  this
section  of  the toll collection regulations of the port authority. Such
notice shall be [mailed] SENT no later than [thirty] ONE HUNDRED  TWENTY
days after the alleged violation. Personal delivery [on the owner] shall
not  be  required. A manual or automatic record of [mailing] SENDING THE
NOTICE prepared in the ordinary course of business shall be prima  facie
evidence of the [mailing] SENDING of the notice.
  (ii)  A  notice of liability shall contain the name and address of the
person alleged to be liable [as an owner] for a violation  of  the  toll
collection  regulations  of the port authority pursuant to this section,
the registration  number  AND  STATE  OF  REGISTRATION  of  the  vehicle
involved  in  such  violation,  the  [location where such violation took
place, the date and time] LOCATIONS, DATES AND TIMES OF EACH USE OF  THE
VEHICULAR CROSSING THAT FORMS THE BASIS of such violation, THE AMOUNT OF
THE  ASSESSED  TOLLS AND OTHER CHARGES, and the identification number of
the [photo-monitoring system] ELECTRONIC TOLL  COLLECTION  SYSTEM  which
recorded the [violation] USE or other document locator number.
  (iii)  The  notice of liability shall contain information advising the
person charged of the manner and the time in which he  may  contest  the
liability  alleged  in  the  notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to  contest
in  the manner and time provided shall be deemed an admission of liabil-
ity and that a default judgment may be entered thereon.
  (iv) The notice of liability shall be prepared and  [mailed]  SENT  by
the port authority or its duly authorized agent.
  e. If an owner receives a notice of liability pursuant to this section
for  any time period during which the vehicle was reported to the police
department as having been stolen, it shall be  a  valid  defense  to  an
allegation  of  liability  for  a violation of the toll collection regu-
lations of the port authority that the vehicle had been reported to  the
police  as  stolen  prior to the time the violation occurred and had not
been recovered by such time. If an owner receives a notice of  liability

S. 2008--A                         31                         A. 3008--A

pursuant  to  this  section for any time period during which the vehicle
was stolen, but not as yet reported to the police as having been stolen,
it shall be a  valid  defense  to  an  allegation  of  liability  for  a
violation  of toll collection regulations of the port authority pursuant
to this section that the vehicle was reported as stolen within two hours
after discovery of the theft by the owner. For purposes of asserting the
defense provided by this subdivision, it  shall  be  sufficient  that  a
certified  copy  of  the  police report on the stolen vehicle be sent by
first class mail to the court or other entity having jurisdiction.
  f. An owner, as defined in subdivision a of this  section,  who  is  a
lessor  of a vehicle to which a notice of [liability] USE OF THE VEHICU-
LAR CROSSING BY SUCH VEHICLE was issued [pursuant to  subdivision  d  of
this  section]  shall  not be liable [pursuant to this section] for [the
violation of the toll collection  regulations  of  the  port  authority]
PAYMENT  OF THE TOLLS AND OTHER CHARGES AND FEES provided that he or she
sends to the port authority [serving the notice of liability and to  the
court  or other entity having jurisdiction] OR ITS DULY AUTHORIZED AGENT
FOR THIS PURPOSE a copy of the rental,  lease  or  other  such  contract
document covering such vehicle on the date of the [violation] USE OF THE
VEHICULAR  CROSSING,  with  the  name  and address of the lessee clearly
legible, within thirty days after receiving from the port  authority  or
its  duly  authorized  agent  [the  original] FOR THIS PURPOSE THE FIRST
notice of [liability] USE OF THE VEHICULAR  CROSSING  BY  SUCH  VEHICLE.
Failure  to  send  such  information  within such thirty day time period
shall render the lessor liable for PAYMENT OF the TOLLS AND OTHER CHARG-
ES AND FEES AND ANY penalty prescribed by this section. Where the lessor
complies with the provisions of this subdivision,  the  lessee  of  such
vehicle  on  the  date of such [violation] USE OF THE VEHICULAR CROSSING
shall be deemed to be the owner of such vehicle  for  purposes  of  this
section  and  shall  be  [subject to liability for the violation of toll
collection regulations of the port authority provided that]  LIABLE  FOR
PAYMENT  OF THE TOLLS AND OTHER CHARGES AND FEES, AND the port authority
or its duly authorized agent [mails a] SHALL SEND ANY notice of  liabil-
ity  to  the  lessee  within  [ten days after the court, or other entity
having jurisdiction, deems the lessee to be the owner] ONE HUNDRED TWEN-
TY DAYS AFTER THE VIOLATION IN ACCORDANCE WITH  SUBDIVISION  D  OF  THIS
SECTION.    FOR  PURPOSES OF THIS SUBDIVISION THE TERM "NOTICE OF USE OF
THE VEHICULAR CROSSING" SHALL MEAN A NOTICE OF DELINQUENCY OR  A  NOTICE
OF  VIOLATION ISSUED PURSUANT TO SUBDIVISION H OF THIS SECTION OR A TOLL
INVOICE SEEKING TO COLLECT TOLLS AND OTHER CHARGES  ISSUED  PURSUANT  TO
TOLL  COLLECTION REGULATIONS OF THE PORT AUTHORITY. For purposes of this
subdivision the term "lessor" shall mean any person, corporation,  firm,
partnership, agency, association or organization engaged in the business
of  renting  or leasing vehicles to any lessee under a rental agreement,
lease or otherwise wherein the said lessee has the exclusive use of said
vehicle for any period of time. For the purposes  of  this  subdivision,
the term "lessee" shall mean any person, corporation, firm, partnership,
agency,  association or organization that rents, leases or contracts for
the use of one or more vehicles and has exclusive use  thereof  for  any
period of time.
  g.  Except  as  provided in subdivision f of this section, if a person
receives a notice of liability pursuant to this section it  shall  be  a
valid  defense  to  an  allegation  of liability for a violation of toll
collection regulations of the port authority  that  the  individual  who
received  the  notice  of liability pursuant to this section was not the
owner of the vehicle at the time the [violation] USE  OF  THE  VEHICULAR

S. 2008--A                         32                         A. 3008--A

CROSSING  occurred.  If  the  owner  liable  for a violation of the toll
collection regulations of the port authority pursuant  to  this  section
was  not  the operator of the vehicle at the time of the [violation] USE
OF THE VEHICULAR CROSSING, the owner may maintain an action for indemni-
fication  against the operator. The operator of the vehicle may apply to
the court or other entity having jurisdiction to adjudicate the  liabil-
ity  imposed  under  this  section  to  accept  responsibility  for  the
violation and satisfactorily discharge all  applicable  tolls,  charges,
FEES, and penalties related to the violation.
  h.  ["Electronic  toll  collection  system"  shall  mean  a  system of
collecting tolls or charges which is  capable  of  charging  an  account
holder  the  appropriate  toll  or charge by transmission of information
from an electronic device on a motor vehicle to  the  toll  lane,  which
information  is  used  to  charge  the  account  the appropriate toll or
charge.] In adopting procedures for the preparation and [mailing]  SEND-
ING  of a notice of liability, the port authority or its duly authorized
agent shall adopt guidelines [to ensure] FOR SENDING BY FIRST CLASS MAIL
OR, WITH CONSENT, BY ELECTRONIC MEANS  OF  COMMUNICATION,  adequate  and
timely  notice  to all electronic toll collection system account holders
to inform them when their accounts are delinquent AS  WELL  AS  ADEQUATE
AND  TIMELY NOTICE TO OWNERS TO INFORM AN OWNER THAT THE OWNER'S VEHICLE
HAS USED A VEHICULAR CROSSING WITHOUT PAYING THE TOLL  IN  VIOLATION  OF
THE  TOLL  COLLECTION  REGULATIONS OF THE PORT AUTHORITY. AN OWNER SHALL
NOT BE FOUND LIABLE FOR A VIOLATION OF THIS SECTION UNLESS SUCH AUTHORI-
TY OR ITS DULY AUTHORIZED AGENT HAS FIRST SENT A NOTICE OF VIOLATION  TO
SUCH  OWNER. An owner who is an account holder under the electronic toll
collection system shall not be found liable  for  a  violation  of  this
section  unless such authority has first sent a notice of delinquency to
such account holder and the account holder was in fact delinquent at the
time of the violation.
  i. Nothing in this section shall be construed to limit  the  liability
of  an  operator  of OR THE ACCOUNT HOLDER ASSOCIATED WITH a vehicle for
any violation of the toll collection regulations of the port  authority.
Nothing  in  this section shall authorize or preclude the port authority
from excluding from any of its facilities, in its sole  discretion,  any
or  all  vehicles found liable under this section as well as other vehi-
cles owned or operated by the owner or operator  of  OR  ACCOUNT  HOLDER
ASSOCIATED WITH such vehicle.
  j. Notwithstanding any other provision of law, all photographs, micro-
photographs,  videotape  or  other  recorded images prepared pursuant to
this section shall be for the exclusive use of the port authority in the
discharge of its duties under this section and shall not be open to  the
public  nor  be  used  in  any court in any action or proceeding pending
therein unless such action or proceeding relates to the imposition of or
indemnification for liability pursuant to this section. The port author-
ity or its duly authorized agent shall  not  sell,  distribute  or  make
available  in  any  way,  the  names  and  addresses  of electronic toll
collection system account holders,  or  any  information  compiled  from
transactions  with  such  account holders, without such account holders'
consent to any entity that will use such information for any  commercial
purpose  provided  that the foregoing restriction shall not be deemed to
preclude the exchange of such  information  between  any  entities  with
jurisdiction  over  and or operating a toll highway bridge and/or tunnel
facility.
  S 23. Section 16-c of chapter 774 of the laws  of  1950,  relating  to
agreeing  with  the  state of New Jersey with respect to rules and regu-

S. 2008--A                         33                         A. 3008--A

lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of  the  laws  of  1992,  is
amended to read as follows:
  S  16-c.  Adjudication  of  liability.  Adjudication  of the liability
imposed upon an owner by section 16-a of this act for a violation of the
toll collection regulations of the port authority occurring  within  the
territorial  limits of the state of New York shall be in accordance with
the vehicle and traffic law of New York as set forth  in  sections  235,
236,  237, 239, 240, 241, 242, 401, 402, 510 and 1809 of such law, or by
such entity having jurisdiction over violations of the  toll  collection
regulations  of  the  port  authority  occurring  within the territorial
limits of the state of New York, provided that all violations  shall  be
heard and determined in the county in which [the violation is alleged to
have occurred, or by consent of both parties,] OBLIGATION FOR PAYMENT OF
THE  TOLLS  OR OTHER CHARGES WAS INCURRED, OR in any county in the state
of New York in which the port authority operates or maintains a  facili-
ty. An owner found liable for a violation of toll collection regulations
pursuant  to  this section shall for a first violation thereof be liable
for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND  FEES  IN
ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars
or  two  times  the  toll  evaded  whichever  is  greater;  for a second
violation thereof both within eighteen months be  liable  for  THE  FULL
AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] TWO hundred dollars or  five  times
the  toll  evaded  whichever  is  greater;  for  a  third  or subsequent
violation thereof all within eighteen months  be  liable  for  THE  FULL
AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred  [fifty]  dollars  or
ten  times the toll evaded whichever is greater.  THE FULL AMOUNT OF THE
ASSESSED TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF SUCH  MONETARY
PENALTIES  COLLECTED  SHALL BE PAID TO THE PORT AUTHORITY; THE REMAINING
HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE RETAINED OR  DISTRIB-
UTED  BY THE TRIBUNAL OR ENTITY ADJUDICATING THE VIOLATION IN ACCORDANCE
WITH EXISTING LAW.
  S 24. This act shall take effect on  the  one  hundred  twentieth  day
after it shall have become a law.

                                 PART L

  Section  1.  Subdivision  6  of section 1209 of the public authorities
law, as amended by chapter 98 of the laws of 2011, is amended to read as
follows:
  6. The provisions of subdivisions one, two, three  and  four  of  this
section  shall  not  be  applicable  to any procurement by the authority
commenced during the period from the effective date of this  subdivision
until  December  thirty-first, nineteen hundred ninety-one or during the
period from December sixteenth, nineteen hundred ninety-three until June
thirtieth, two thousand [fifteen] NINETEEN; and the provisions of subdi-
visions seven, eight, nine, ten, eleven, twelve  and  thirteen  of  this
section  shall  only  apply  to  procurements by the authority commenced
during such periods. The provisions of such subdivisions one, two, three
and four shall apply to procurements by the authority  commenced  during
the period from December thirty-first, nineteen hundred ninety-one until
December  sixteenth,  nineteen hundred ninety-three, and to procurements
by the authority  commenced  on  and  after  July  first,  two  thousand
[fifteen]  NINETEEN.  Notwithstanding  the  foregoing, the provisions of

S. 2008--A                         34                         A. 3008--A

such subdivisions one, two, three and four shall apply to (i) the  award
of  any contract of the authority if the bid documents for such contract
so provide and such bid documents are issued within sixty  days  of  the
effective  date  of  this  subdivision  or within sixty days of December
sixteenth, nineteen hundred ninety-three, or (ii) for a  period  of  one
hundred eighty days after the effective date of this subdivision, or for
a  period  of one hundred eighty days after December sixteenth, nineteen
hundred ninety-three, the award of any contract for which an  invitation
to  bid, solicitation, request for proposal, or any similar document has
been issued by the authority prior to the effective date of this  subdi-
vision  or  during the period from January first, nineteen hundred nine-
ty-two until December fifteenth, nineteen hundred ninety-three.
  S 2. Subdivision 1 of section 1265-a of the public authorities law, as
amended by chapter 98 of the  laws  of  2011,  is  amended  to  read  as
follows:
  1.  The provisions of this section shall only apply to procurements by
the authority commenced during the period  from  April  first,  nineteen
hundred eighty-seven until December thirty-first, nineteen hundred nine-
ty-one,  and during the period from December sixteenth, nineteen hundred
ninety-three until June  thirtieth,  two  thousand  [fifteen]  NINETEEN;
provided,  however,  that the provisions of this section shall not apply
to (i) the award of any contract of the authority if the  bid  documents
for  such  contract  so provide and such bid documents are issued within
sixty days of the effective date of this section or within sixty days of
December sixteenth, nineteen hundred ninety-three, or (ii) for a  period
of  one  hundred eighty days after the effective date of this section or
for a period of one hundred eighty days after December sixteenth,  nine-
teen  hundred ninety-three, the award of any contract for which an invi-
tation to bid, solicitation, request for proposal, or any similar  docu-
ment  has  been  issued  by the authority prior to the effective date of
this section or during the period from January first,  nineteen  hundred
ninety-two until December sixteenth, nineteen hundred ninety-three.
  S 3. This act shall take effect immediately.

                                 PART M

  Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York  state  urban  development
corporation  act, as amended by section 1 of part Z of chapter 57 of the
laws of 2014, is amended to read as follows:
  3. The provisions of this section shall  expire,  notwithstanding  any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2015] 2016.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2015.

                                 PART N

  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 AA of chapter 57 of the laws  of  2014,  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, [2015]  2016,  at  which
time the provisions of subdivision 26 of section 5 of the New York state

S. 2008--A                         35                         A. 3008--A

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 July 1, 2015.

                                 PART O

  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, 2015.

                                 PART P

  Section 1. Expenditures of moneys by the energy research and  develop-
ment  authority for services and expenses of the energy research, devel-
opment and demonstration program, including grants,  the  energy  policy
and  planning  program,  and the Fuel NY program shall be subject to the
provisions of this section. Notwithstanding the provisions  of  subdivi-
sion 4-a of section 18-a of the public service law, all moneys committed
or  expended  in an amount not to exceed $19,700,000 shall be reimbursed
by assessment against gas corporations, as defined in subdivision 11  of
section 2 of the public service law and electric corporations as defined
in subdivision 13 of section 2 of the public service law, where such gas
corporations  and  electric corporations have gross revenues from intra-
state utility operations in excess of $500,000 in the preceding calendar
year, and the total amount which may be charged to any  gas  corporation
and  any electric 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 2013. Such amounts shall  be  excluded  from  the  general
assessment  provisions  of  subdivision  2 of section 18-a of the public
service law. The chair of the public service commission shall bill  such
gas  and/or  electric  corporations for such amounts on or before August
10, 2015 and such amounts shall be  paid  to  the  energy  research  and
development authority on or before September 10, 2015. Upon receipt, the
energy  research  and  development authority shall deposit such funds in
the energy research and development operating fund established  pursuant
to  section  1859 of the public authorities law. The energy research and
development authority is authorized and directed  to:  (1)  transfer  $1
million  to  the  state  general  fund  for services and expenses of the
department of environmental conservation and to transfer $691,000 to the
University of Rochester laboratory for laser energetics from  the  funds
received; and (2) commencing in 2016, provide to the chair of the public
service  commission  and the director of the budget, on or before August
first of each year, an itemized record, certified by the  president  and
chief  executive  officer  of  the  authority,  or  his or her designee,
detailing any and all expenditures and commitments ascribable to  moneys
received  as  a result of this assessment by the chair of the department
of public service pursuant to section 18-a of the  public  service  law.
Any  such  amount not committed by such authority to contracts or other-

S. 2008--A                         36                         A. 3008--A

wise expended by the authority during the fiscal year shall be  refunded
by such authority on a pro-rata basis to such gas and/or electric corpo-
rations,  in  a  manner  to  be  determined  by 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, 2015.

                                 PART Q

  Section 1. Section 312-a of the executive law, as amended  by  chapter
175 of the laws of 2010, is amended to read as follows:
  S  312-a.  Study  of  minority  and  women-owned  business  enterprise
programs. 1. The director of the division of  minority  and  women-owned
business  development  in  the  department  of  economic  development is
authorized and directed to  recommission  a  statewide  disparity  study
regarding  the participation of minority and women-owned business enter-
prises in state contracts since the amendment  of  this  article  to  be
delivered  to  the  governor  and  legislature  no  later  than February
fifteenth, two  thousand  [sixteen]  SEVENTEEN.    The  study  shall  be
prepared by an entity independent of the department and selected through
a request for proposal process. The purpose of such study is:
  (a)  to  determine  whether there is a disparity between the number of
qualified minority and women-owned businesses ready, willing and able to
perform state contracts for commodities, services and construction,  and
the  number  of  such  contractors  actually  engaged  to  perform  such
contracts, and to determine what changes, if  any,  should  be  made  to
state  policies affecting minority and women-owned business enterprises;
and (b) to determine whether there is a disparity between the number  of
qualified  minorities and women ready, willing and able, with respect to
labor markets, qualifications and other relevant factors, to participate
in contractor employment, management level bodies, including  boards  of
directors,  and as senior executive officers within contracting entities
and the number of such group members  actually  employed  or  affiliated
with  state  contractors in the aforementioned capacities, and to deter-
mine what changes, if any, should be made to  state  policies  affecting
minority  and  women group populations with regard to state contractors'
employment and appointment practices relative to diverse group  members.
Such  study  shall  include,  but  not be limited to, an analysis of the
history of minority and women-owned  business  enterprise  programs  and
their effectiveness as a means of securing and ensuring participation by
minorities and women, and a disparity analysis by market area and region
of  the  state.  Such  study  shall  distinguish between minority males,
minority females and non-minority females in the statistical analysis.
  2. The director of the division of minority and  women-owned  business
development  is directed to transmit the disparity study to the governor
and the legislature not later  than  February  fifteenth,  two  thousand
[sixteen] SEVENTEEN, and to post the study on the website of the depart-
ment of economic development.
  S  2. The opening paragraph of subdivision (h) of section 121 of chap-
ter 261 of the laws of 1988, amending the state finance  law  and  other
laws  relating  to  the  New  York  state  infrastructure trust fund, as
amended by chapter 175 of the laws  of  2010,  is  amended  to  read  as
follows:
  The  provisions  of  section  sixty-two  through sixty-six of this act
shall expire on December thirty-first, two thousand [sixteen] SEVENTEEN,
except that:

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  S 3. This act shall take effect immediately; provided,  however,  that
the amendments to section 312-a of the executive law made by section one
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith.

                                 PART R

  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, expenses of the department of health public service  education
program  incurred  pursuant  to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2015.

                                 PART S

  Section  1.  Section  2  of part BB of chapter 58 of the laws of 2012,
amending the public authorities law relating to authorizing the dormito-
ry authority to enter into certain design  and  construction  management
agreements,  as amended by section 1 of part W of chapter 57 of the laws
of 2014, is amended to read as follows:
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed April 1, [2015] 2017.
  S  2.  Within 90 days of the effective date of this act, the dormitory
authority of the state of New York  shall  provide  a  report  providing
information  regarding  any  project undertaken pursuant to a design and
construction management agreement, as authorized by part BB  of  chapter
58  of the laws of 2012, between the dormitory authority of the state of
New York and the department of  environmental  conservation  and/or  the
office  of  parks, recreation and historic preservation to the governor,
the temporary president of the senate and speaker of the assembly.  Such
report  shall  include  but not be limited to a description of each such
project, the project identification number  of  each  such  project,  if
applicable, the projected date of completion, the status of the project,
the total cost or projected cost of each such project, and the location,
including  the  names  of  any county, town, village or city, where each
such project is located or proposed. In addition, such a report shall be
provided to the aforementioned parties by the first day of March of each
year that the authority to enter into such agreements pursuant  to  part
BB of chapter 58 of the laws of 2012 is in effect.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in effect on and after April 1, 2015.

                                 PART T

  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 N of chapter 57 of the laws of 2014,  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, [2015]
2016.

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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 March 31, 2015.

                                 PART U

  Section 1. Subdivision 2 of section 446-b of the real property law, as
amended  by  chapter  61  of  the  laws  of  1989, is amended to read as
follows:
  2. The application for such license shall be filed in  the  office  of
the secretary of state on such forms as the secretary may prescribe [and
shall be accompanied by a fee of four hundred dollars].
  S  2.  Subdivision  3  of  section  446-b of the real property law, as
amended by chapter 805 of the laws  of  1980,  is  amended  to  read  as
follows:
  3. When the apartment information vendor maintains more than one place
of  business,  he  shall  apply  for  [and  the secretary shall issue] a
supplemental license for each branch office so maintained [upon  payment
of  a  fee of two hundred fifty dollars for each supplemental license so
issued]. Supplemental licenses shall be conspicuously displayed in  each
branch  office.  The  display of an expired license by any person, firm,
partnership or corporation is a violation  of  the  provisions  of  this
article.
  S  3.  Subdivision  5  of  section  446-b of the real property law, as
amended by chapter 805 of the laws  of  1980,  is  amended  to  read  as
follows:
  5.  Any license granted under the provisions hereof may be renewed for
one year by the secretary upon application therefor by  the  holder,  in
such  form as the secretary may prescribe[, and payment of a two hundred
fifty dollar fee for such license]. The secretary may dispense with  the
requirement  for  the  filing of such statements as was contained in the
original application for license.
  S 4. Subdivision 2 of section 446-d  of  the  real  property  law,  as
amended  by  chapter  805  of  the  laws  of 1980, is amended to read as
follows:
  2. The secretary shall be notified in writing at his OR HER office  in
Albany  of  any change of a licensee's business address or name, and the
secretary shall issue a license for the unexpired term, upon  return  of
the  original  license  [and  the payment of a fee of twenty dollars]. A
licensee who fails to notify the secretary of  any  change  in  business
address or name within ten days shall forfeit his OR HER license.
  S 5. This act shall take effect immediately.

                                 PART V

  Section  1. Section 219 of the agriculture and markets law, as amended
by chapter 122 of the laws of 1988, is amended to read as follows:
  S 219. Application [and  fee].  Application  for  license  as  a  food
salvager[,]  SHALL  BE MADE upon a form prescribed by the commissioner[,
shall be made on or before June  first  in  every  other  year  for  the
license  period  beginning  July  first  following]. The applicant shall
satisfy the commissioner of his OR HER character and that he OR SHE  has
adequate physical facilities for salvaging food and food products. If so
satisfied,  the  commissioner  shall  [upon  receipt of the license fee]
issue to the applicant  a  [license  which  shall  be]  non-transferable
LICENSE,  WHICH  WILL  EXPIRE  ON THE THIRTIETH OF JUNE OF THE NEXT EVEN
NUMBERED YEAR FOLLOWING ITS ISSUANCE. [The biennial license fee shall be

S. 2008--A                         39                         A. 3008--A

one hundred dollars.] APPLICATION FOR RENEWAL  OF  SUCH  LICENSE  FOR  A
PERIOD  OF TWO YEARS SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY
THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS  PRIOR  TO  THE
EXPIRATION  OF  THE  EXISTING LICENSE. Where a person operates more than
one salvage warehouse a separate license is required for each location.
  S 2. Section 231 of the agriculture and markets  law,  as  amended  by
section  7  of  part I1 of chapter 62 of the laws of 2003, is amended to
read as follows:
  S 231. Licenses, issuance of. No person or corporation shall  maintain
or  operate  any  refrigerated  warehouse  and/or  locker  plant  unless
licensed by the commissioner. Application[,] SHALL BE MADE upon  a  form
prescribed  by  the  commissioner[, shall be made on or before September
first of every other year for the license period beginning October first
following]. The applicant shall satisfy the commissioner of his or [its]
HER character, financial responsibility, and  competency  to  operate  a
refrigerated  warehouse  or locker plant. The commissioner, if so satis-
fied, shall[, upon receipt of the license fee or  fees,]  issue  to  the
applicant  a  license or licenses [to operate the refrigerated warehouse
or warehouses or locker plant or locker plants described in the applica-
tion until the first day of October] WHICH WILL EXPIRE ON THE  THIRTIETH
OF  SEPTEMBER of the NEXT ODD NUMBERED year following [the year in which
such license was issued] ITS ISSUANCE.  [The biennial license fee  shall
be  two  hundred  dollars  for  each refrigerated warehouse. If a locker
plant is operated as part of a refrigerated warehouse and upon the  same
premises,  no additional license fee shall be required.] APPLICATION FOR
RENEWAL OF SUCH LICENSE OR LICENSES FOR A PERIOD OF TWO YEARS  SHALL  BE
MADE  BIENNIALLY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND SUBMIT-
TED NO LATER THAN THIRTY DAYS PRIOR TO THE EXPIRATION  OF  THE  EXISTING
LICENSE OR LICENSES.
  S  3.  Section  96-z-2 of the agriculture and markets law, as added by
chapter 391 of the laws of 1968, is amended to read as follows:
  S 96-z-2. Application [and fees]. Application for a license to operate
a disposal plant or transportation service[,] SHALL BE MADE upon a  form
prescribed  by  the  commissioner[, shall be made on or before September
first in each year for the license year beginning October first  follow-
ing]. The applicant shall satisfy the commissioner of his OR HER charac-
ter  and  that he OR SHE has adequate physical facilities for the opera-
tion of a disposal plant or transportation service. If so satisfied, the
commissioner shall [upon payment of the license fee] issue to the appli-
cant a NON-TRANSFERABLE license which [shall be  non-transferable]  WILL
EXPIRE  ON THE THIRTIETH DAY OF SEPTEMBER OF THE NEXT EVEN NUMBERED YEAR
FOLLOWING ITS ISSUANCE.  APPLICATION FOR RENEWAL OF SUCH LICENSE  FOR  A
PERIOD  OF  TWO YEARS SHALL BE MADE BIENNIALLY UPON A FORM PRESCRIBED BY
THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS  PRIOR  TO  THE
EXPIRATION  OF  THE  EXISTING  LICENSE.  [The  annual  license fee for a
disposal plant shall be one hundred dollars, plus an inspection  fee  of
ten  dollars  for each vehicle. The annual license fee for a transporta-
tion service shall be twenty-five dollars, plus an inspection fee of ten
dollars for each vehicle.]
  S 4. Section 128-a of the agriculture and markets law, as  amended  by
chapter  451  of  the  laws of 2008, subdivisions 4, 5, 6, 7, 8 and 9 as
renumbered by section 2 of part N of chapter 58 of the laws of 2012,  is
amended to read as follows:
  S  128-a. Licenses. 1. No person shall manufacture any commercial feed
in this state unless such person holds a license issued therefor by  the
commissioner.  [Notwithstanding the foregoing, a person, in operation on

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or before the effective date of this section, who has filed an  applica-
tion  for  an  initial license under this section shall be authorized to
operate without such license until the  commissioner  grants  or,  after
notice  and  opportunity  to  be heard, declines to grant such license.]
Each application for a license shall be made on a form supplied  by  the
department  and shall contain such information as may be required by the
department. A LICENSE ISSUED ON OR BEFORE THE  THIRTIETH  OF  JUNE  WILL
EXPIRE  ON THE THIRTY-FIRST OF DECEMBER OF THE YEAR OF ITS ISSUANCE, AND
IF ISSUED BETWEEN JULY FIRST AND DECEMBER THIRTY-FIRST, WILL  EXPIRE  ON
THE  THIRTY-FIRST  DAY  OF  DECEMBER IN THE YEAR FOLLOWING ITS ISSUANCE.
Renewal applications shall be [submitted to] MADE  ANNUALLY  ON  A  FORM
PRESCRIBED  BY  the  commissioner [at least] AND SUBMITTED NO LATER THAN
thirty days prior to the [commencement of the next license year] EXPIRA-
TION OF THE EXISTING LICENSE.
  2. The commissioner may deny any application for a license  or  revoke
any  license  when granted, after written notice to the applicant and an
opportunity to be heard, when:
  (a) any statement in the application or upon which it was issued is or
was false or misleading;
  (b) facilities of the applicant are not  maintained  in  a  manner  as
required by rules and regulations duly promulgated by the commissioner;
  (c)  the  maintenance and operation of the establishment of the appli-
cant is such that the commercial feed produced  therein  is  or  may  be
adulterated,  misbranded, or not maintained in any manner as required by
this article;
  (d) the applicant or licensee, or an  officer,  director,  partner  or
holder of ten per centum or more of the voting stock of the applicant or
licensee,  has failed to comply with any of the provisions of this arti-
cle or rules and regulations promulgated pursuant thereto; or
  (e) the applicant or licensee is a partnership or corporation and  any
individual  holding any position or interest or power of control therein
has previously been responsible in whole or  in  part  for  any  act  on
account of which an application for licensure may be denied or a license
revoked pursuant to the provisions of this article.
  3.  [Each application for an initial license shall be accompanied by a
non-refundable fee  of  one  hundred  dollars.  The  commissioner  shall
prorate  the  license fee for any person applying for an initial license
after the commencement of the licensing period. Licenses shall be renew-
able annually thereafter, together with the payment of a  non-refundable
fee of fifty dollars.
  4.] Inspection in accordance with section one hundred thirty-five-a of
this  article,  the  results  of  which  establish  compliance  with the
provisions of this article, shall  precede  issuance  of  a  license  or
renewal thereof under this section.
  [5.]  4.  Upon  validation  by the commissioner, the application shall
become the license of the person.
  [6.] 5. The commissioner shall provide a copy of the  license  to  the
[person]  LICENSEE.  The  commissioner  shall  also retain a copy of the
license.
  [7.] 6. No licensee shall publish or advertise the sale of any commer-
cial feed unless the publication or advertisement is accompanied by such
licensee's license number. [Notwithstanding the foregoing, a person,  in
operation on or before the effective date of this section, who has filed
an  application for an initial license under this section may publish or
advertise the sale or availability of any commercial  feed  without  the
publication  or  advertisement being accompanied by the person's license

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number until the commissioner grants or, after notice and opportunity to
be heard, declines to grant such license.
  8.]  7.  Commercial  feed licenses shall be conspicuously displayed on
the premises so that they may be readily seen by officers and  employees
of the department.
  [9.] 8. Notwithstanding the definition of commercial feed under subdi-
vision  seven  of  section one hundred twenty-eight of this article, the
provisions of this section shall not apply to a person  who  conducts  a
business of selling pet food and specialty pet food.
  S  5. Section 142-ee of the agriculture and markets law, as amended by
chapter 251 of the laws of 1999, is amended to read as follows:
  S 142-ee. License  [and  fee].  Each  certificate  filed  pursuant  to
section one hundred forty-two-dd OF THIS ARTICLE shall be accompanied by
an  application,  upon forms supplied by the commissioner, for a license
to supply such material under the  brand  name  specified  therein,  and
there  shall  be  transmitted  therewith  a copy of the label and of the
statement proposed to accompany such material in compliance with section
one hundred forty-two-cc[, together with a license fee of forty  dollars
for  each  such brand] OF THIS ARTICLE.  Such application shall incorpo-
rate by reference the data contained in the accompanying certificate for
the brand for which the license is  sought.  Upon  compliance  with  the
provisions  of this article, the applicant shall be issued a license for
the supplying of such qualifying brand of agricultural liming  material,
which  license  shall  expire on the thirty-first day of December of the
NEXT EVEN NUMBERED year following the year in which it is issued, but no
such license shall be issued for the  supplying  of  any  such  material
which  does  not meet the minimum standards herein provided for, nor for
the supplying thereof under a brand descriptive designation  or  with  a
label  or  accompanying  statement which is or tends to be misleading or
deceptive as to quality, analysis  or  composition.  APPLICATION  FOR  A
RENEWAL OF THE LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIAL-
LY,  UPON  A  FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER
THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE  EXISTING  LICENSE.  Any
such  license so issued may be revoked by the commissioner, after notice
to the licensee by mail or otherwise and opportunity to be  heard,  when
it  appears that any statement or representation upon which it is issued
is false or misleading. The action of the commissioner  in  refusing  to
grant a license, or in revoking a license, shall be subject to review by
a  proceeding  under article seventy-eight of the civil practice law and
rules, but the decision of the commissioner shall be final unless within
thirty days from the date  of  the  order  embodying  such  action  such
proceeding to review has been instituted.
  Whenever  a  manufacturer,  producer  or  distributor  shall have been
licensed to supply a particular brand of material hereunder,  no  agent,
seller or retailer of such brand shall be required to file a certificate
or  obtain  a  license  for  such  brand  during a period for which such
license is in effect, nor upon such goods which were acquired  during  a
period  for which a license was in effect and remaining undistributed in
subsequent years.
  S 6. Subdivision (a) of section 146 of  the  agriculture  and  markets
law,  as  amended by chapter 251 of the laws of 1999, is amended to read
as follows:
  (a) No person shall distribute in this state any  type  of  fertilizer
until a [biennial] license to distribute the same has been obtained from
the commissioner by the person whose labelling is applied to such ferti-
lizer  upon  payment  of  a  one hundred fifty dollar fee. [All licenses

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shall expire on a date to be set by the  commissioner  in  regulations.]
THE   INITIAL   LICENSE   ISSUED  HEREUNDER  SHALL  EXPIRE  ON  DECEMBER
THIRTY-FIRST OF THE NEXT EVEN NUMBERED YEAR FOLLOWING THE YEAR IN  WHICH
IT  WAS  ISSUED AND EACH RENEWAL OF THAT LICENSE SHALL BE FOR A TWO YEAR
PERIOD, ENDING ON DECEMBER THIRTY-FIRST. APPLICATION FOR  A  RENEWAL  OF
SUCH  LICENSE  SHALL  BE  MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE
COMMISSIONER AND BE SUBMITTED NO LATER THAN THIRTY  DAYS  PRIOR  TO  THE
EXPIRATION OF THE EXISTING LICENSE.
  S  7.  Section 147-b of the agriculture and markets law, as amended by
chapter 122 of the laws of 1988, is amended to read as follows:
  S 147-b. License. No person shall sell, offer or expose  for  sale  in
this  state  any  soil or plant inoculant unless licensed as provided in
this section. Application for a  license  SHALL  BE  MADE  upon  a  form
prescribed  by  the commissioner [shall be made biennially. The applica-
tion] AND shall include a statement  as  to  whether  the  inoculant  is
represented  as  effective  for  inoculating  legumes  or for some other
purpose, and,  if  represented  as  effective  for  the  inoculation  of
legumes,  for  which  legume  or  legumes it is so represented. With the
application, the applicant shall present a representative sample of  the
soil  or plant inoculant described in the application. The commissioner,
if satisfied that the inoculant may  be  depended  upon  to  produce  an
effective  inoculation  for the purpose represented, shall issue to such
applicant a license for the sale of such inoculant, expiring on December
thirty-first of the NEXT EVEN NUMBERED year following [the year in which
it is issued] ITS ISSUANCE.  [The applicant shall pay biennially, at the
time of presenting the application, to the commissioner  for  remittance
to the state treasury, a license fee of twenty dollars for each brand of
inoculants  as  defined  in  the  rules  and  regulations adopted by the
commissioner as provided in this article.] APPLICATION  FOR  RENEWAL  OF
SUCH  LICENSE  FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A
FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER  THAN  THIRTY
DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE.
  S  8. Paragraph (a) of subdivision 1 of section 248 of the agriculture
and markets law, as amended by chapter 490  of  the  laws  of  2005,  is
amended to read as follows:
  (a)  No  person  shall  act as a dealer unless licensed as provided in
this article. Application shall be made upon  such  forms  and  at  such
times  as  prescribed by the commissioner. Renewal applications shall be
submitted to  the  commissioner  at  least  thirty  days  prior  to  the
[commencement of the next] EXPIRATION OF THE EXISTING license [year]. No
action  will  be  taken on applications deemed incomplete by the commis-
sioner. The applicant shall furnish evidence of his or her good  charac-
ter,  financial statements, prepared and certified by a certified public
accountant when required by the commissioner, and evidence  that  he  or
she  has  adequate  physical  facilities for receiving and handling farm
products or processing farm products if he or she is to act as a dealer.
The commissioner, if so satisfied, shall issue to such applicant,  [upon
payment  of  twenty dollars, and] upon the filing of a bond or letter of
credit and upon payment of a fee to be deposited into  the  agricultural
producers security fund as hereinafter provided, a license entitling the
applicant  to  conduct  the  business of a dealer in farm products for a
period of one year. Notwithstanding any other provision of this section,
an applicant who intends to pay and a licensee who  pays  upon  delivery
for  purchases  of farm products from producers, in cash, or cash equiv-
alent, including only certified or bank check, money  order,  electronic
funds  transfer, or by debit card, shall be exempt from filing a bond or

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letter of credit.  In the event that a licensee who has been so exempted
from filing a bond or letter of credit fails  to  pay  cash  or  a  cash
equivalent  upon  delivery  for  any  purchase  of  farm products from a
producer,  such licensee shall file a bond or letter of credit as other-
wise required by this section with the commissioner no  later  than  ten
business  days from the date the commissioner notifies the licensee that
such bond or letter of credit is required.
  S 9. Subdivision 5 of section 500 of the agriculture and markets  law,
as amended by section 3 of part II of chapter 59 of the laws of 2009, is
amended to read as follows:
  5. Licensure. No person shall maintain or operate a retail food store,
food  service  establishment or food warehouse unless such establishment
is licensed pursuant to the provisions of this article, provided, howev-
er, that establishments registered, permitted or licensed by the depart-
ment pursuant to other provisions of  this  chapter,  under  permit  and
inspection by the state department of health or by a local health agency
which  maintains  a  program certified and approved by the state commis-
sioner of health, or subject to inspection by the United States  depart-
ment  of  agriculture  pursuant  to  the  federal  meat,  poultry or egg
inspection programs, shall be exempt from licensure under this  article.
Application  for  licensure  of a retail food store, food service estab-
lishment or food warehouse shall be made, upon a form prescribed by  the
commissioner,  on  or  before December first of every other year for the
registration period beginning January first following.  Upon  submission
of  a completed application, together with the applicable licensing fee,
the commissioner shall ISSUE A license TO the retail  food  store,  food
service establishment or food warehouse described in the application for
two  years  from  the  [applicable  registration commencement period set
forth in this section] DATE OF ISSUANCE.  The  [licensing]  LICENSE  fee
shall  be  two  hundred fifty dollars provided, however, that food ware-
houses shall pay a [licensing] LICENSE  fee  of  four  hundred  dollars.
NOTWITHSTANDING  THE  PRECEDING  SENTENCE,  THE COMMISSIONER SHALL, UPON
SUBMISSION OF A COMPLETED APPLICATION FOR A NEW LICENSE BY AN  APPLICANT
THAT  IS  A  CHAIN  STORE, AS DEFINED BY SUBDIVISION FIVE OF SECTION TWO
HUNDRED FIFTY-ONE-Z-TWO OF THIS CHAPTER, ISSUE SUCH LICENSE FOR A PERIOD
ENDING ON THE SAME DATE AS THE LICENSES OF THE OTHER CHAIN  STORES  THAT
ARE A PART OF THE SAME NETWORK.
  S  10.  Subdivision  1 of section 133-a of the agriculture and markets
law is amended by adding a new paragraph (c) to read as follows:
  (C) NO FEE SHALL BE PAID BY ANY PERSON FOR  ANY  YEAR  IN  WHICH  SUCH
PERSON  DISTRIBUTED  LESS  THAN ONE HUNDRED TONS OF FEED INGREDIENTS AND
COMMERCIAL FEEDS IN THIS STATE.
  S 11. This act shall take effect immediately.

                                 PART W

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
determines  that  the  establishment  of the utility debt securitization
authority under part B of chapter 173 of the laws of 2013 permitted  the
issuance  of  securitized  restructuring  bonds on favorable terms which
resulted in lower aggregate distribution,  transmission  and  transition
charges  to Long Island ratepayers, compared to other available alterna-
tives, and the purposes of such act will be further advanced by amending
such act to permit the issuance of additional such bonds  subject  to  a
limit  on the outstanding principal amount thereof, including the poten-

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tial issuance of such  bonds  by  a  newly  created  restructuring  bond
issuer.
  S  2. Subdivision 10 of section 2 of part B of chapter 173 of the laws
of 2013 relating to the issuance of securitized restructuring  bonds  to
refinance  the  outstanding  debt  of the Long Island power authority is
amended to read as follows:
  10. "Restructuring bond issuer" means the corporate municipal  instru-
mentality of the state created under PARAGRAPH A OR B OF SUBDIVISION ONE
OF section four of this act.
  S  3.  Subdivision 6 of section 3 of part B of chapter 173 of the laws
of 2013 relating to the issuance of securitized restructuring  bonds  to
refinance  the  outstanding  debt  of the Long Island power authority is
amended to read as follows:
  6. Issuance of restructuring bonds. Within ninety days after receiving
notice of confirmation from the authority, the restructuring bond issuer
shall issue the restructuring bonds, in one or more series  or  tranches
and at one or more times, pursuant to the agreement to sell the restruc-
turing  bonds. The restructuring bond issuer shall purchase the restruc-
turing property from the authority for a purchase price equal to the net
proceeds from the sale of the restructuring bonds less  any  amounts  of
such  proceeds  required  to  fund  or pay upfront financing costs.  THE
AGGREGATE PRINCIPAL AMOUNT OF OUTSTANDING  RESTRUCTURING  BONDS  AT  ANY
TIME SHALL NOT EXCEED FOUR BILLION FIVE HUNDRED MILLION DOLLARS.
  S  4.  The section heading and subdivision 1 of section 4 of part B of
chapter 173 of the laws of 2013 relating to the issuance of  securitized
restructuring bonds to refinance the outstanding debt of the Long Island
power authority is amended to read as follows:
  Creation  of  restructuring  bond  [issuer]  ISSUERS.   1. Creation of
restructuring bond [issuer] ISSUERS.  (A) For the purpose of  effectuat-
ing  the  purposes  declared in section one of this act, there is hereby
created a special purpose corporate  municipal  instrumentality  of  the
state  to  be  known  as  "utility debt securitization authority", which
shall be a body corporate and politic, a political  subdivision  of  the
state,  and  a  public benefit corporation, exercising essential govern-
mental and public powers for the good of the public. [The] SUCH restruc-
turing bond issuer shall not be created or organized, and its operations
shall not be conducted, for the purpose of making a profit. No  part  of
the  revenues  or  assets  of [the] SUCH restructuring bond issuer shall
inure to the benefit of or be distributable to its trustees or  officers
or  any  other  private  persons,  except  as herein provided for actual
services rendered.
  (B) FOR THE PURPOSE OF EFFECTUATING THE PURPOSES DECLARED  IN  SECTION
ONE  OF THIS ACT, AND IN CONTEMPLATION OF SATISFACTION OF THE CONDITIONS
SET FORTH IN THE LAST SENTENCE OF  THIS  SUBDIVISION,  THERE  IS  HEREBY
CREATED  A  SPECIAL  PURPOSE  CORPORATE MUNICIPAL INSTRUMENTALITY OF THE
STATE TO BE KNOWN AS "UTILITY  DEBT  SECURITIZATION  AUTHORITY  NO.  2",
WHICH  SHALL BE A BODY CORPORATE AND POLITIC, A POLITICAL SUBDIVISION OF
THE STATE,  AND  A  PUBLIC  BENEFIT  CORPORATION,  EXERCISING  ESSENTIAL
GOVERNMENTAL AND PUBLIC POWERS FOR THE GOOD OF THE PUBLIC. SUCH RESTRUC-
TURING BOND ISSUER SHALL NOT BE CREATED OR ORGANIZED, AND ITS OPERATIONS
SHALL  NOT  BE CONDUCTED, FOR THE PURPOSE OF MAKING A PROFIT. NO PART OF
THE REVENUES OR ASSETS OF SUCH RESTRUCTURING BOND ISSUER SHALL INURE  TO
THE  BENEFIT  OF  OR BE DISTRIBUTABLE TO ITS TRUSTEES OR OFFICERS OR ANY
OTHER PRIVATE PERSONS, EXCEPT AS HEREIN  PROVIDED  FOR  ACTUAL  SERVICES
RENDERED.  SUCH  RESTRUCTURING  BOND ISSUER SHALL ISSUE NO RESTRUCTURING
BONDS UNLESS AND UNTIL THE AUTHORITY BY RESOLUTION SHALL HAVE FOUND  AND

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DETERMINED  THAT ON THE BASIS OF THE DOCUMENTS AND OPINIONS PRESENTED TO
IT, THE TERMS OF SALE OF  SUCH  BONDS  ARE,  AT  SUCH  TIME,  REASONABLY
EXPECTED  TO BE MORE FAVORABLE THAN SUCH TERMS WOULD BE IF SUCH RESTRUC-
TURING  BONDS WERE TO BE ISSUED BY THE RESTRUCTURING BOND ISSUER CREATED
BY PARAGRAPH (A) OF THIS SUBDIVISION.
  S 5. Subparagraph (i) of paragraph (a) of subdivision 2 of  section  4
of part B of chapter 173 of the laws of 2013 relating to the issuance of
securitized restructuring bonds to refinance the outstanding debt of the
Long Island power authority is amended to read as follows:
  (i) issue the restructuring bonds contemplated by a restructuring cost
financing  order,  and  use the proceeds thereof to purchase or acquire,
and to own, hold and use  restructuring  property  or  to  pay  or  fund
upfront  financing costs [provided, however, that the restructuring bond
issuer shall only issue and sell restructuring bonds once];
  S 6. This act shall take effect immediately.

                                 PART X

  Section 1. Section 171 of the navigation law, as amended by chapter 35
of the laws of 1985, is amended to read as follows:
  S 171. Purposes. It is the purpose of this article to ensure  a  clean
environment  and healthy economy for the state by preventing the unregu-
lated discharge of petroleum which may result in damage to lands, waters
or natural resources of the state by authorizing the department of envi-
ronmental conservation to  PREPARE  FOR  AND  respond  quickly  to  such
discharges  and  effect  prompt  cleanup and removal of such discharges,
giving first priority to minimizing environmental damage, and by provid-
ing for liability for damage sustained within the state as a  result  of
such discharges.
  S  2.  Subdivision 1 of section 172 of the navigation law, as added by
chapter 845 of the laws of 1977, is amended to read as follows:
  1. "Administrator" means the [chief executive, within]  PERSON  DESIG-
NATED  BY the [department] COMMISSIONER of [audit and control, of] ENVI-
RONMENTAL  CONSERVATION  TO  ADMINISTER  the  New   York   environmental
protection and spill compensation fund;
  S  3.  Paragraphs  (a), (b) and (d) of subdivision 4 of section 174 of
the navigation law, paragraph (a) as amended by section 1 of part  E  of
chapter 413 of the laws of 1999, paragraph (b) as amended by chapter 512
of  the  laws of 1986 and paragraph (d) as added by section 21 of part A
of chapter 58 of the laws of 1998, are amended to read as follows:
  (a) The license fee shall be [one cent] NINE AND  ONE-HALF  CENTS  per
barrel  transferred  [until  the  balance in such account established by
paragraph (a) of subdivision two of section one hundred seventy-nine  of
this  article  equals or exceeds twenty-five million dollars], provided,
however, that the fee on any  barrel,  including  any  products  derived
therefrom,  subject  to multiple transfer, shall be imposed only once at
the point of first transfer. In each fiscal year following any  year  in
which  the balance of [such] THE account ESTABLISHED BY PARAGRAPH (A) OF
SUBDIVISION TWO OF SECTION ONE  HUNDRED  SEVENTY-NINE  OF  THIS  ARTICLE
equals  or  exceeds  [twenty-five] FORTY million dollars, no license fee
shall be imposed unless (a) the current balance in such account is  less
than  [twenty] THIRTY-FIVE million dollars or (b) pending claims against
such account exceed fifty  percent  of  the  existing  balance  of  such
account. [The provisions of the foregoing notwithstanding, should claims
paid  from  such  account  not  exceed five million dollars within three
years after the license fee is first imposed, the license fee  shall  be

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one cent per barrel transferred until the balance in such account equals
or exceeds eighteen million dollars, and thereafter shall not be imposed
unless:  (1)  the  current  balance in such account is less than fifteen
million  dollars or (2) pending claims against such account exceed fifty
percent of the existing balance of such account.] In the event of either
such occurrence and upon  certification  thereof  [by  the  state  comp-
troller],  the  administrator  shall within ten days of the date of such
certification reimpose the license fee, which shall take effect  on  the
first  day  of the month following such relevy. [In the event of a major
discharge or series of  discharges  resulting  in  claims  against  such
account  exceeding the existing balance of such account, the license fee
shall be imposed at the rate of eight cents per barrel transferred until
the balance in such account equals pending claims against such  account;
provided,  however,  that  the] THE rate may be set at less than [eight]
NINE AND ONE-HALF cents per  barrel  transferred  if  the  administrator
determines  that the revenue produced by such lower rate shall be suffi-
cient to pay outstanding claims against such account within one year  of
such imposition of the license fee. [Should such account exceed eighteen
million dollars or twenty-five million dollars, as herein provided, as a
result  of  interest, the administrator and the commissioner of environ-
mental conservation shall report to the  legislature  and  the  governor
concerning  the  options  for  the use of such interest.] The fee estab-
lished by this paragraph shall not be imposed upon any barrel  which  is
transferred  to  a land based facility but thereafter exported from this
state for use outside the state and is shipped to facilities outside the
state regardless of whether the  delivery  or  sale  of  such  petroleum
occurs in this state.
  (b)  The surcharge on the license fee shall be [two and one-half cents
per barrel for each barrel transferred on or after June first,  nineteen
hundred  eighty-five but before February first, nineteen hundred eighty-
eight. Such surcharge shall be three and one-half cents per  barrel  for
each  barrel  transferred  on  or after February first, nineteen hundred
eighty-eight, but before February first, nineteen hundred  ninety.  Such
surcharge  shall  be]  four  and  one-quarter  cents per barrel for each
barrel transferred on or after February first, nineteen hundred ninety.
  (d) The surcharge established by paragraph  (b)  of  this  subdivision
shall be [one and one-half] THIRTEEN AND THREE QUARTERS cents per barrel
for  any  barrel  that  is transferred but thereafter exported from this
state for use outside the state as described by paragraph  (a)  of  this
subdivision.  TWELVE  AND  ONE-QUARTER  CENTS OF SUCH SURCHARGE SHALL BE
CREDITED TO THE ACCOUNT ESTABLISHED BY PARAGRAPH (A) OF SUBDIVISION  TWO
OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE.
  S  4.  Paragraph (a) of subdivision 2 of section 179 of the navigation
law, as amended  by section 2 of part I of chapter 577 of  the  laws  of
2004, is amended to read as follows:
  (a)  An  account  which  shall  be  credited with all license fees and
penalties collected pursuant to paragraph (b)  of  subdivision  one  and
paragraph (a) of subdivision four of section one hundred seventy-four of
this  article,  THE PORTION OF THE SURCHARGE COLLECTED PURSUANT TO PARA-
GRAPH (D) OF SUBDIVISION FOUR OF SECTION  ONE  HUNDRED  SEVENTY-FOUR  OF
THIS  SECTION, penalties collected pursuant to paragraph (b) of subdivi-
sion four of section one hundred seventy-four-a of this  article,  money
collected  pursuant to section one hundred eighty-seven of this article,
all penalties collected pursuant to section one  hundred  ninety-two  of
this  article,  and  registration fees collected pursuant to subdivision
two of section 17-1009 of the environmental conservation law.

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  S 5. The opening paragraph and subdivisions 4 and 5 of section 180  of
the  navigation law, the opening paragraph and subdivision 4 as added by
chapter 845 of the laws of 1977 and subdivision 5 as amended by  chapter
35 of the laws of 1985, are amended to read as follows:
  The  [state  comptroller]  COMMISSIONER shall appoint and supervise an
administrator of the fund. The administrator shall be the  chief  execu-
tive of the fund and shall have the following powers and duties:
  4.  To  certify  the  amount  of claims and names of claimants [to the
state comptroller];
  5. To disburse moneys from the fund  for  cleanup  and  removal  costs
pursuant to a certification of claims [by the commissioner].
  S  6.  Subdivisions  7  and 9 of section 185 of the navigation law, as
added by chapter 672 of the  laws  of  1991,  are  amended  to  read  as
follows:
  7. Within sixty calendar days from the close of such hearing and after
due  consideration  of the written and oral statements and testimony and
arguments filed pursuant to this section, or on default in appearance on
said return day, the administrator shall make  [his]  A  final  determi-
nation  on  the  validity  or  amount of the damage claims or claims for
cleanup and removal costs filed by the injured persons. The  administra-
tor  shall  notify  the  claimant  and, if known, the alleged discharger
thereof in writing by registered mail.
  9. Upon a determination by the  administrator  that  provides  for  an
award  to  the claimants, the administrator [shall certify the amount of
the award and the name of the claimant to the  state  comptroller,  who]
shall pay the award from the fund. In any case in which a person respon-
sible  for  the  discharge  seeks judicial review, reasonable attorney's
fees and costs shall be awarded to the claimant if the determination  of
the administrator is affirmed.
  S  7.  Subdivisions  1  and 2 of section 186 of the navigation law, as
amended by chapter 38 of the laws of 1985, subdivision 1  as  separately
amended  by chapter 35 of the laws of 1985, paragraph (c) of subdivision
2 as amended by chapter 672 of the laws of 1991  and  paragraph  (e)  of
subdivision  2 as added by chapter 83 of the law of 1995, are amended to
read as follows:
  1. (a) Moneys in the account established by paragraph (a) of  subdivi-
sion  two  of  section  one  hundred  seventy-nine of this part shall be
disbursed by the administrator[, upon certification by  the  commission-
er,]  for the purpose of costs incurred under section one hundred seven-
ty-six of this article.
  (b) Moneys in the account established by paragraph (b) of  subdivision
two  of  section  one  hundred  seventy-nine  of this part shall, within
forty-five days of the close of each license fee period, be deposited by
the administrator[,] in the hazardous waste remedial fund created pursu-
ant to section ninety-seven-b of the state finance law  for  expenditure
pursuant to such section[; provided, however, that the state comptroller
shall  cause  the  administrator  to  reimburse the commissioner for the
reasonable costs of collecting the surcharge during those times when the
license fee is not imposed].
  2. Moneys in the account established by paragraph (a)  of  subdivision
two  of  section one hundred seventy-nine of this part, AS MAY BE APPRO-
PRIATED BY THE LEGISLATURE, shall be  disbursed  by  the  administrator,
upon certification by him OR HER, for the following purposes:
  (a) Damages as defined in section one hundred eighty-one of this arti-
cle;

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  (b)  Such  sums as may be necessary for research on the prevention and
the effects of spills of petroleum on the environment and on the  devel-
opment  AND  TESTING  of improved cleanup, CONTAINMENT and removal oper-
ations [as may be appropriated by the  legislature;  provided,  however,
that such sums shall not exceed the amount of interest which is credited
to  the  account  established  by  paragraph  (a)  of subdivision two of
section one hundred seventy-nine of this part];
  (c) Such sums as may be necessary for the  general  administration  of
the  fund,  equipment and personnel costs of the department [of environ-
mental conservation] and any other state agency related to the  enforce-
ment of this article [as may be appropriated by the legislature];
  (d)  Such  sums  as may be [appropriated by the legislature] NECESSARY
for research and demonstration programs concerning the causes and abate-
ment of ocean pollution[; provided, however, that such  sums  shall  not
exceed  the  amount  of interest which is credited to the account estab-
lished by paragraph (a) of subdivision two of section one hundred seven-
ty-nine of this part].
  (e) Such sums as may be  necessary  for  the  general  administration,
equipment  and  personnel  costs  of  the  department  [of environmental
conservation] related to  the  administration  and  enforcement  of  the
petroleum  bulk  storage  program  established  pursuant to title ten of
article seventeen of the environmental conservation law.
  (F) SUCH SUMS AS MAY BE NECESSARY FOR THE ACQUISITION AND  MAINTENANCE
OF PETROLEUM SPILL PREVENTION, RESPONSE OR PERSONAL SAFETY EQUIPMENT AND
SUPPLIES AND TRAINING FOR STATE AND LOCAL GOVERNMENT ENTITIES, INCLUDING
EMERGENCY SERVICES AGENCIES AND PERSONNEL.
  (G)  SUCH SUMS AS MAY BE NECESSARY FOR PETROLEUM SPILL RESPONSE DRILLS
AND EXERCISES.
  (H) SUCH SUMS AS MAY BE NECESSARY  FOR  IDENTIFICATION,  MAPPING,  AND
ANALYSIS  OF POPULATIONS, ENVIRONMENTALLY SENSITIVE AREAS, AND RESOURCES
AT RISK FROM SPILLS OF PETROLEUM AND RELATED IMPACTS; AND  THE  DEVELOP-
MENT,  IMPLEMENTATION,  AND  UPDATING  OF  CONTINGENCY  PLANS, INCLUDING
GEOGRAPHIC RESPONSE PLANS, TO PROTECT THOSE POPULATIONS, SENSITIVE ENVI-
RONMENTS, AND RESOURCES IN THE EVENT OF A SPILL OF PETROLEUM OR  RELATED
IMPACTS.
  S  8.  Section  191 of the navigation law, as amended by chapter 35 of
the laws of 1985, is amended to read as follows:
  S 191. [Joint rules and regulations] RULES. The commissioner [and  the
state  comptroller  are]  IS  authorized  to  adopt,  amend, repeal, and
enforce such rules and regulations pursuant to the state  administrative
procedure  act[,  as  they]  THAT THE COMMISSIONER may deem necessary to
accomplish the purposes of this article.
  S 9. Section 192 of the navigation law, as added by chapter 845 of the
laws of 1977, is amended to read as follows:
  S 192. Enforcement of article; penalties.  Any  person  who  knowingly
gives  or  causes  to be given any false information as a part of, or in
response to, any claim made pursuant to this  article  for  cleanup  and
removal costs, direct or indirect damages resulting from a discharge, or
who otherwise violates any of the provisions of this article or any rule
promulgated  thereunder  or who fails to comply with any duty created by
this article shall be liable to a penalty of not more  than  twenty-five
thousand  dollars  for each offense. SUCH PENALTY MAY BE ASSESSED BY THE
COMMISSIONER AFTER A HEARING OR AN OPPORTUNITY TO BE HEARD OR in a court
of competent jurisdiction. If the violation is of  a  continuing  nature
each day during which it continues shall constitute an additional, sepa-
rate and distinct offense.

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  S  10.  Section 196 of the navigation law, as amended by chapter 35 of
the laws of 1985, is amended to read as follows:
  S 196. Reports. The commissioner [and the administrator] shall make an
annual  report  to the legislature and the governor which shall describe
the quality and quantity of spills of petroleum, the costs  and  damages
paid  by  and recovered for the fund, and the economic and environmental
impact on the state as a result of the administration of this article.
  S 11. Subdivision 6 of section 200 of the navigation law, such section
as renumbered by chapter 845 of the laws of 1977, is renumbered subdivi-
sion 7 and a new subdivision 6 is added to read as follows:
  6. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION MAY, AFTER A HEARING
OR AN OPPORTUNITY TO BE HEARD, ASSESS A PENALTY  OF  UP  TO  TWENTY-FIVE
THOUSAND  DOLLARS  PER  DAY  FOR ANY VIOLATION OF OR A FAILURE TO COMPLY
WITH ANY PROVISION CONTAINED IN ARTICLE TWELVE OF THIS CHAPTER,  OR  ANY
LAWFUL  NOTICE,  ORDER  OR  REGULATION PRESCRIBED BY THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION UNDER SUCH PROVISION.
  S 12. Subdivision 2 of section 97-b  of  the  state  finance  law,  as
amended  by  section  4  of  part I of chapter 1 of the laws of 2003, is
amended to read as follows:
  2. Such fund shall consist of all of the following:
  (a) moneys appropriated for transfer to the fund's site  investigation
and  construction  account;  (b) all fines and other sums accumulated in
the fund prior to April first, nineteen hundred eighty-eight pursuant to
section 71-2725 of the environmental conservation law for deposit in the
fund's site investigation  and  construction  account;  (c)  all  moneys
collected or received by the department of taxation and finance pursuant
to  section 27-0923 of the environmental conservation law for deposit in
the fund's industry fee transfer account; (d) all moneys paid  into  the
fund  pursuant  to section 72-0201 of the environmental conservation law
which shall be deposited in the fund's industry  fee  transfer  account;
(e)  all moneys paid into the fund pursuant to PARAGRAPH (B) OF SUBDIVI-
SION ONE OF section one hundred eighty-six of the navigation  law  which
shall  be deposited in the fund's industry fee transfer account; (f) all
moneys paid into the fund by municipalities for  repayment  of  landfill
closure  loans  made  pursuant to title five of article fifty-two of the
environmental conservation law for deposit in the fund's  site  investi-
gation and construction account; (g) all monies recovered under sections
56-0503,  56-0505 and 56-0507 of the environmental conservation law into
the fund's environmental restoration project account; (h) all fees  paid
into the fund pursuant to section 72-0403 of the environmental conserva-
tion  law  which  shall be deposited in the fund's industry fee transfer
account; (i) payments received for all state costs incurred in negotiat-
ing and overseeing the implementation of brownfield site cleanup  agree-
ments pursuant to title fourteen OF ARTICLE TWENTY-SEVEN of the environ-
mental  conservation  law  shall  be  deposited  in  the hazardous waste
remediation oversight and assistance account; and (j) other moneys cred-
ited or transferred thereto from any other fund or source for deposit in
the fund's site investigation and construction account.
  S 13. Continuation of rules and regulations pertaining to the adminis-
tration of the New York environmental protection and spill  compensation
fund. Upon the transfer of the functions and powers possessed by the New
York  state  comptroller in regard to the administration of the New York
environmental protection and spill compensation  fund  pursuant  to  the
navigation  law  to  the  department  of  environmental  conservation as
prescribed by this act, all rules, regulations, acts,  orders,  determi-
nations  and  decisions, pertaining to the functions transferred by this

S. 2008--A                         50                         A. 3008--A

act to the department of environmental conservation  shall  continue  in
force  and  effect as rules, regulations, acts, determinations and deci-
sions of the department of environmental conservation, unless duly modi-
fied or repealed.
  S  14. This act shall take effect immediately; provided, however, that
to allow for an orderly transition of work the  department  of  environ-
mental  conservation and the state comptroller may have until October 1,
2015 to transfer all functions associated with the administration of the
environmental protection and spill  compensation  fund  as  required  by
sections  two  and five of this act; provided further that the increased
fees established pursuant to paragraphs (a) and (d) of subdivision 4  of
section  174  of  the navigation law as amended by section three of this
act shall take effect on September 1, 2015 and shall apply to any barrel
that is transferred on and after such date.

                                 PART Y

  Section 1. The opening paragraph of subdivision 1 and subdivision 3 of
section 72-0303 of the environmental conservation law, the opening para-
graph of subdivision 1 as amended by section 1 of part BBB of chapter 59
of the laws of 2009 and subdivision 3 as amended by section 1 of part  D
of chapter 413 of the laws of 1999, are amended to read as follows:
  COMMENCING  JANUARY  FIRST, TWO THOUSAND FIFTEEN AND EVERY YEAR THERE-
AFTER, ALL SOURCES OF REGULATED AIR CONTAMINANTS IDENTIFIED PURSUANT  TO
SUBDIVISION  ONE  OF SECTION 19-0311 OF THIS CHAPTER SHALL SUBMIT TO THE
DEPARTMENT AN ANNUAL BASE FEE OF TWO THOUSAND FIVE HUNDRED DOLLARS. THIS
BASE FEE SHALL BE IN ADDITION TO THE FEES LISTED BELOW. Commencing Janu-
ary first, nineteen hundred ninety-four and every  year  thereafter  all
sources of regulated air contaminants identified pursuant to subdivision
one of section 19-0311 of this chapter shall submit to the department an
annual  fee  [of  forty-five  dollars per ton] NOT TO EXCEED THE PER TON
FEES DESCRIBED BELOW. THE PER TON FEE IS ASSESSED ON EACH TON  OF  EMIS-
SIONS  up  to seven thousand tons annually of each regulated air contam-
inant as follows:   [forty-five] SIXTY dollars per  ton  for  facilities
with  total  emissions  less  than  one  thousand tons annually; [fifty]
SEVENTY dollars per ton for facilities with total emissions of one thou-
sand or more but less than  two  thousand  tons  annually;  [fifty-five]
EIGHTY  dollars per ton for facilities with total emissions of two thou-
sand or more but less than five thousand tons annually; and [sixty-five]
NINETY dollars per ton for facilities with total emissions of five thou-
sand or more tons annually. Such fee shall be sufficient to  support  an
appropriation  approved  by  the legislature for the direct and indirect
costs associated  with  the  operating  permit  program  established  in
section  19-0311  of  this chapter. Such fee shall be established by the
department and shall be calculated by dividing the amount of the current
year appropriation from the operating  permit  program  account  of  the
clean  air  fund by the total tons of emissions of regulated air contam-
inants that are subject to the operating permit program fees from sourc-
es subject to the operating permit program pursuant to  section  19-0311
of this chapter up to seven thousand tons annually of each regulated air
contaminant from each source; provided that, in making such calculation,
the department shall adjust their calculation to account for any deficit
or surplus in the operating permit program account of the clean air fund
established  pursuant  to  section  ninety-seven-oo of the state finance
law; any loan repayment from the mobile source account of the clean  air
fund  established  pursuant  to  section  ninety-seven-oo  of  the state

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finance law; and the rate of collection by the department of  the  bills
issued for the fee for the prior year.
  3.  Effective  January  first,  [nineteen hundred ninety-seven through
December thirty-first, nineteen hundred ninety-eight, and  notwithstand-
ing  the requirements of the state administrative procedure act, the cap
of twenty-five dollars per ton] TWO THOUSAND SIXTEEN AND ANNUALLY THERE-
AFTER, THE BASE FEES AND PER TON FEES LISTED IN SUBDIVISION ONE OF  THIS
SECTION  shall increase by the percentage, if any, by which the consumer
price index exceeds the consumer price index for the PRIOR calendar year
[nineteen hundred eighty-nine].
  [a.] The consumer price index for any calendar year is the average  of
the consumer price index for all urban consumers published by the United
States  department  of labor, as of the close of the twelve-month period
ending on August thirty-first of each calendar year.
  [b. The revision of the consumer price index  for  the  calendar  year
nineteen  hundred  eighty-nine shall be used in the event the department
of labor revises its method of determining the consumer price index.]
  S 2. Section 72-0302 of the environmental conservation law, as amended
by chapter 608 of the laws of 1993, the opening paragraph of subdivision
1 and the closing paragraph as amended by chapter 432  of  the  laws  of
1997,  paragraph e as amended and paragraphs f and g of subdivision 1 as
relettered by chapter 170 of the laws of 1994, is  amended  to  read  as
follows:
S 72-0302. State air quality control fees.
  1.  All  persons,  except  those  required  to pay a fee under section
72-0303 of this [article] TITLE, who are required to  obtain  a  permit,
[certificate] REGISTRATION or approval pursuant to the state air quality
control  program  shall  submit to the department a [per emission point]
fee in an amount established as follows:
  a. [$11,000.00] $2,500.00 for a  stationary  [combustion  installation
having  a  maximum  operating  heat input equal to or greater than fifty
million British thermal units per hour as  stated  on  the  most  recent
application  for  a permit to construct or application for a certificate
to operate and which emits or has the potential  to  emit  equal  to  or
greater than any one of the following:
  (i)  one hundred tons per year of oxides of nitrogen, or if located in
a severe ozone nonattainment area, twenty-five tons per year; or
  (ii) one hundred tons per year of sulfur dioxide; or
  (iii) one hundred tons per year of particulates] SOURCE SUBJECT  TO  A
STATE FACILITY PERMIT.
  b.  [$2,000.00]  $250.00  for [all] A stationary [combustion installa-
tions which are not included under paragraph a of this  subdivision  and
which  have  a  maximum  operating heat input greater than fifty million
British thermal units per hour as stated on the most recent  application
for  a certificate to operate] SOURCE SUBJECT TO A MINOR FACILITY REGIS-
TRATION FROM THE DEPARTMENT.
  c. [$100.00]  $2,500.00  for  a  [stationary  combustion  installation
having  a  maximum  operating heat input less than fifty million British
thermal units per hour as stated on the most recent  application  for  a
certificate to operate] FACILITY WITH ANY OTHER OPERATING APPROVAL.
  [d.  $2,000.00  for  a  process air contamination source for an annual
emission rate equal to or greater than twenty-five tons per year of  any
one  of  the following: sulfur dioxide, nitrogen dioxide, total particu-
lates, carbon monoxide,  total  volatile  organic  compounds  and  other
specific  air contaminants. The annual emission rate shall be the actual
annual emission rate as stated on the  most  recent  application  for  a

S. 2008--A                         52                         A. 3008--A

permit to construct or application for a certificate to operate.  In the
event  that  hours  of operation have not been specified on the applica-
tions then maximum possible hours of operation (8760 hours) will be used
to calculate actual annual emissions.
  e.  $160.00  for a process air contamination source, except a gasoline
dispencing site, for an annual emission rate less than twenty-five  tons
per  year of any one of the following: sulfur dioxide, nitrogen dioxide,
total particulates, carbon monoxide, total  volatile  organic  compounds
and  other  specific air contaminants. The annual emission rate shall be
the actual annual emission rate as applied for on the most recent appli-
cation for a permit to construct or application  for  a  certificate  to
operate. In the event that hours of operation have not been specified on
the  applications  then maximum possible hours of operation (8760 hours)
will be used to calculate actual annual emissions.
  f. $2,000.00 for an  incinerator  capable  of  charging  two  thousand
pounds  of  refuse  per  hour  or greater. The charging capacity will be
established in accordance with  the  application  for  the  most  recent
permit  to  construct  or  application  for a certificate to operate the
incinerator source and will be calculated on an emission point basis.
  g. $160.00 for an incinerator with a maximum  design  charge  rate  of
less  than two thousand pounds of refuse per hour. The charging capacity
will be established in accordance with  the  application  for  the  most
recent  permit  to construct or application for a certificate to operate
the incinerator source and will  be  calculated  on  an  emission  point
basis.]
  Provided,  however,  that  where  a  city  or  county is delegated the
authority to administer the state air quality control  program,  or  any
portion  thereof,  pursuant to paragraph p of subdivision two of section
3-0301 of this chapter and  such  city  or  county  collects  a  fee  in
connection with the issuance of a permit, [certificate] REGISTRATION, or
approval  for  a  [combustion  installation,  incinerator or process air
contamination] STATIONARY source SUBJECT TO  A  STATE  FACILITY  PERMIT,
MINOR  FACILITY  REGISTRATION OR OTHER OPERATING APPROVAL, no additional
liability for fees under this section shall accrue for  the  [particular
combustion  installation,  incinerator  or  process  air  contamination]
source that is subject to the delegation.
  2. NOTWITHSTANDING THE REQUIREMENTS OF THE STATE ADMINISTRATIVE PROCE-
DURE ACT, BEGINNING JANUARY FIRST, TWO  THOUSAND  SIXTEEN  AND  ANNUALLY
THEREAFTER,  THE  FEES  LISTED  IN SUBDIVISION ONE OF THIS SECTION SHALL
INCREASE BY THE PERCENTAGE, IF ANY, BY WHICH THE  CONSUMER  PRICE  INDEX
EXCEEDS  THE  CONSUMER  PRICE  INDEX  FOR  THE  PRIOR CALENDAR YEAR. THE
CONSUMER PRICE INDEX FOR ANY CALENDAR YEAR IS THE AVERAGE OF THE CONSUM-
ER PRICE INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY  THE  UNITED  STATES
DEPARTMENT  OF  LABOR, AS OF THE CLOSE OF THE TWELVE-MONTH PERIOD ENDING
ON AUGUST THIRTY-FIRST OF EACH CALENDAR YEAR. SUCH CALCULATIONS AND FEES
SHALL BE ESTABLISHED AS A  RULE  BY  PUBLICATION  IN  THE  ENVIRONMENTAL
NOTICE  BULLETIN NO LATER THAN THIRTY DAYS AFTER THE BUDGET BILLS MAKING
APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT ARE ENACTED OR JULY  FIRST,
WHICHEVER IS LATER, OF THE YEAR SUCH FEE WILL BE EFFECTIVE.
  S 3. Subdivisions a, b, c, d, e, f, g, h, i, j, k, l, m, n, q and t of
section  72-0602 of the environmental conservation law, paragraphs a, b,
c, d, e, f, g, h, q and t as amended by section 1 of part JJ of  chapter
59 of the laws of 2009, subdivision i as amended by section 1 of part T1
of  chapter 62 of the laws of 2003, and subdivisions j, k, l, m and n as
amended by chapter 62 of the laws  of  1989,  are  amended  to  read  as
follows:

S. 2008--A                         53                         A. 3008--A

  a.  [$300.00]  $375.00  for  any  P/C/I  facilities having a permit to
discharge or discharging at an average daily rate of less  than  100,000
gallons;
  b. [$600.00] $750.00 for P/C/I facilities having a permit to discharge
or discharging at an average daily rate of 100,000 gallons or more;
  c.  [$600.00]  $750.00  for  industrial  facilities having a permit to
discharge or discharging at an average daily rate of  less  than  10,000
gallons;
  d.  [$2,000.00] $2,300.00 for industrial facilities having a permit to
discharge or discharging at an average  daily  rate  of  between  10,000
gallons and 99,999 gallons;
  e.  [$6,000.00] $7,250.00 for industrial facilities having a permit to
discharge or discharging at an average daily  rate  of  between  100,000
gallons and 499,999 gallons;
  f.  [$20,000.00]  $25,000.00 for industrial facilities having a permit
to discharge or discharging at an average daily rate of between  500,000
and 999,999 gallons;
  g.  [$30,000.00]  $37,000.00 for industrial facilities having a permit
to discharge  or  discharging  at  an  average  daily  rate  of  between
1,000,000 and 9,999,999 gallons;
  h.  [$50,000.00]  $58,000.00 for industrial facilities having a permit
to discharge or discharging at  an  average  daily  rate  of  10,000,000
gallons or more;
  i. [$50,000.00] $58,000.00 for any power plant;
  j.  [$375.00]  $450.00  for  municipal  facilities  having a permit to
discharge or discharging at an average daily rate of less  than  200,000
gallons;
  k.  [$1,875.00]  $2,000.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of between 200,000 and
999,999 gallons;
  l. [$7,500.00] $8,000.00 for municipal facilities having a  permit  to
discharge  or  discharging at an average daily rate of between 1,000,000
and 4,999,999 gallons;
  m. [$15,000.00] $15,500.00 for municipal facilities having a permit to
discharge or discharging at an average daily rate of  between  5,000,000
and 39,999,999 gallons;
  n. [$37,500.00] $38,500.00 for municipal facilities having a permit to
discharge  or discharging at an average daily rate of 40,000,000 gallons
or more;
  q. [$100.00] $125.00 per acre disturbed  plus  [$600.00]  $700.00  per
future impervious acre for any facility, not owned or managed by a local
government  or  a state department, agency, or authority, discharging or
authorized to discharge  pursuant  to  a  SPDES  permit  for  stormwater
discharges from construction activity. For the purposes of this subdivi-
sion,  acres  disturbed are acres subject to clearing, grading, or exca-
vating subject to SPDES permitting and future impervious acres are acres
that will be newly paved or roofed during construction;
  t. [$100.00] $150.00 for any facility, other than a municipal separate
storm sewer as defined by 40 CFR S122.26 (b) (8), discharging or author-
ized to discharge pursuant to a general permit unless a specific fee  is
imposed  pursuant  to  subdivisions a through s of this section for such
discharge or authorization to discharge.
  S 4. Section 72-0602 of the environmental conservation law is  amended
by adding a new closing paragraph to read as follows:
  NOTWITHSTANDING  THE  PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE
ACT, BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN AND  ANNUALLY  THERE-

S. 2008--A                         54                         A. 3008--A

AFTER,  THE  FEES LISTED ABOVE SHALL INCREASE BY THE PERCENTAGE, IF ANY,
BY WHICH THE CONSUMER PRICE INDEX EXCEEDS THE CONSUMER PRICE  INDEX  FOR
THE  PRIOR CALENDAR YEAR. THE CONSUMER PRICE INDEX FOR ANY CALENDAR YEAR
IS  THE  AVERAGE  OF  THE  CONSUMER  PRICE INDEX FOR ALL URBAN CONSUMERS
PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR, AS OF THE  CLOSE  OF
THE  TWELVE-MONTH  PERIOD ENDING ON AUGUST THIRTY-FIRST OF EACH CALENDAR
YEAR. SUCH CALCULATIONS AND FEES SHALL  BE  ESTABLISHED  AS  A  RULE  BY
PUBLICATION  IN  THE  ENVIRONMENTAL NOTICE BULLETIN NO LATER THAN THIRTY
DAYS AFTER THE BUDGET BILLS MAKING APPROPRIATIONS  FOR  THE  SUPPORT  OF
GOVERNMENT  ARE  ENACTED  OR JULY FIRST, WHICHEVER IS LATER, OF THE YEAR
SUCH FEE WILL BE EFFECTIVE.
  S 5. This act shall take effect immediately and  shall  apply  to  all
bills issued on and after January 1, 2015.

                                 PART Z

  Section  1.  Subdivision  3  of  section  15-1525 of the environmental
conservation law, as amended by section 2 of part F of chapter 59 of the
laws of 2006, is amended to read as follows:
  3. The certificate of registration  shall  require  that,  before  the
commencement  of  drilling  of any well or wells, the water well driller
shall file a preliminary notice  with  the  department;  it  shall  also
provide  that  upon  the completion of the drilling of any water well or
water wells, a completion report be filed with  the  department,  giving
the  log  of  the  well, the size and depth thereof, the capacity of the
pump or pumps attached or to be attached thereto, and such other  infor-
mation pertaining to the withdrawal of water and operation of such water
well  or  water wells as the department by its rules and regulations may
require. The water well driller shall provide a copy of such  completion
report  to the water well owner. The number of the certificate of regis-
tration must be displayed on the well drilling machinery of  the  regis-
trant.  The  certificate  of registration shall also contain a notice to
the certificate holder that the business activities authorized  by  such
certificate are subject to the provisions of article thirty-six-A of the
general  business  law.  [The  fee  for such certificate of registration
shall be ten dollars annually.]  The  commissioner  shall  promulgate  a
water  well  completion report form which shall be utilized by all water
well drillers in satisfying the requirements of  this  section  and  any
other provision of state or local law which requires the submission of a
water well completion report or water well log.
  S 2. This act shall take effect immediately.

                                 PART AA

  Section  1.  Paragraph 4 of subdivision (a) of section 83 of the state
finance law, as amended by chapter 512 of the laws of 1994,  is  amended
to read as follows:
  4.  (i) There is hereby created a special account within the conserva-
tion fund to be known as the  state  fish  and  game  trust  account  to
consist  of  all  moneys received by the state from the sale of lifetime
hunting, fishing, trapping, archery and muzzle-loading licenses pursuant
to section 11-0702 of the  environmental  conservation  law.  The  state
comptroller  shall  invest  the  moneys in such account in securities as
defined by section ninety-eight-a of this article, EXCEPT AS PROVIDED IN
SUBPARAGRAPH (III) OF THIS PARAGRAPH. Any income earned by  the  invest-
ment  of such moneys, except income transferred to the conservation fund

S. 2008--A                         55                         A. 3008--A

pursuant to subparagraph (iii) of this paragraph, shall be added to  and
become a part of, and shall be used for the purposes of such account.
  (ii) The state comptroller shall provide an annual report of the trust
account  which  lists  the amount of the principal, THE PRINCIPAL TRANS-
FERRED TO THE  HABITAT  CONSERVATION  AND  ACCESS  ACCOUNT  PURSUANT  TO
SUBPARAGRAPH  (III)  OF  THIS  PARAGRAPH,  the earned income, the earned
income accrued to the principal, and the earned  income  transferred  to
the  conservation  fund pursuant to subparagraph (iii) of this paragraph
not later than April tenth of each year for the state fiscal year ending
the immediately preceding March thirty-first.  A  copy  of  such  report
shall  be transmitted, forthwith, to the director of the division of the
budget, the chairman of the senate finance committee,  the  chairman  of
the  assembly  ways and means committee, the commissioner of the depart-
ment of environmental conservation and each of the eleven members of the
conservation fund advisory [council] BOARD, created pursuant to  section
[seven  hundred]  11-0327  of the [executive] ENVIRONMENTAL CONSERVATION
law.
  (iii) Earned income from the sale of  all  lifetime  licenses,  except
income  earned  on the proceeds of the sale of a lifetime license during
the period from sale of such license  until  April  first  of  the  year
following  one  full year of deposit of the proceeds of the sale of such
lifetime license, shall be available for deposit within the conservation
fund pursuant to paragraph one of this subdivision in an amount equal to
the cost of the appropriate annual  license.  The  earned  income  which
exceeds  the current cost of each annual license comparable to the life-
time license, shall be added to the  trust  account  as  principal.  The
earned income from lifetime licenses issued to persons who are under the
legal age to implement such licenses shall be added to the trust account
as  principal  until  such  person becomes of legal age to hunt, fish or
trap. BEGINNING APRIL FIRST, TWO THOUSAND FIFTEEN,  UP  TO  ONE  MILLION
FIVE  HUNDRED  THOUSAND  DOLLARS  ANNUALLY  FROM THE STATE FISH AND GAME
TRUST ACCOUNT SHALL BE AVAILABLE FOR DEPOSIT WITHIN THE HABITAT  CONSER-
VATION AND ACCESS ACCOUNT ESTABLISHED PURSUANT TO SECTION EIGHTY-THREE-A
OF THIS ARTICLE.
  S  2.  Subdivision  (h)  of  section  83  of  the state finance law is
REPEALED.
  S 3. The state finance law is amended by adding a new section 83-a  to
read as follows:
  S  83-A.  HABITAT CONSERVATION AND ACCESS ACCOUNT. (A) THERE IS HEREBY
CREATED AN ACCOUNT WITHIN THE MISCELLANEOUS CAPITAL PROJECTS  FUND,  THE
HABITAT  CONSERVATION  AND  ACCESS ACCOUNT. THE HABITAT CONSERVATION AND
ACCESS ACCOUNT SHALL CONSIST OF ALL MONEYS FROM FUNDS OF THE STATE  FISH
AND  GAME  TRUST ACCOUNT AUTHORIZED TO BE DEPOSITED PURSUANT TO SUBPARA-
GRAPH (III) OF PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
OF THIS ARTICLE RECEIVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
FROM THE SALE OF LIFETIME LICENSES FOR HUNTING, TRAPPING,  AND  FISHING,
AND  ALL  MONEYS,  REVENUES AND INTEREST THEREON RECEIVED AS A RESULT OF
THE APPLICATION OF SUBDIVISION SEVENTEEN OF SECTION 11-0305 OF THE ENVI-
RONMENTAL CONSERVATION LAW AUTHORIZING THE ISSUANCE AND SALE  OF  VOLUN-
TARY HABITAT STAMPS, OTHER THAN THE AMOUNT RETAINED BY THE ISSUING AGENT
OR  OFFICER.    THE  HABITAT  CONSERVATION  AND  ACCESS ACCOUNT SHALL BE
SUBJECT TO THE SAME RESTRICTIONS AND  PROTECTIONS  AS  THE  CONSERVATION
FUND.
  (B)  THESE  MONEYS, AFTER APPROPRIATION BY THE LEGISLATURE, AND WITHIN
THE AMOUNTS SET FORTH AND FOR THE SEVERAL PURPOSES SPECIFIED,  SHALL  BE
AVAILABLE  TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE CAPI-

S. 2008--A                         56                         A. 3008--A

TAL EXPENSES ASSOCIATED WITH MANAGEMENT, PROTECTION, AND RESTORATION  OF
FISH  AND  WILDLIFE  HABITATS, AND IMPROVEMENT AND DEVELOPMENT OF PUBLIC
ACCESS FOR FISH AND WILDLIFE RELATED RECREATION.
  (C) ALL PAYMENTS MADE FROM THE HABITAT CONSERVATION AND ACCESS ACCOUNT
SHALL  BE MADE BY THE DEPARTMENT OF TAXATION AND FINANCE AFTER AUDIT AND
UPON WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION. AFTER APPROPRIATIONS MADE AVAILABLE  FROM
THE  HABITAT  CONSERVATION  AND ACCESS ACCOUNT SHALL CEASE TO HAVE FORCE
AND EFFECT, ANY BALANCES REMAINING UNEXPENDED AND NOT REQUIRED  TO  MEET
THE  PROPER  AND NECESSARY EXPENSES OF THE DIVISION OF FISH AND WILDLIFE
SHALL REVERT TO THE STATE FISH AND GAME TRUST ACCOUNT ESTABLISHED PURSU-
ANT TO PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE OF THIS
ARTICLE.
  (D) NO FUNDS MAY BE TRANSFERRED OR USED IN ANY WAY WHICH WOULD  RESULT
IN  THE LOSS OF ELIGIBILITY FOR FEDERAL BENEFITS OR FEDERAL FUNDS PURSU-
ANT TO FEDERAL LAW, RULE, OR REGULATION AS ASSENTED TO  IN  CHAPTER  SIX
HUNDRED  EIGHTY-THREE  OF  THE LAWS OF NINETEEN HUNDRED THIRTY-EIGHT AND
CHAPTER SEVEN HUNDRED OF THE LAWS OF NINETEEN HUNDRED FIFTY-ONE.
  S 4. Subdivision 17 of section 11-0305 of the environmental  conserva-
tion  law,  as added by section 3 of part F of chapter 82 of the laws of
2002, is amended to read as follows:
  17. To prepare or cause to be prepared voluntary  habitat  stamps  and
furnish  such stamps annually to license issuing agents and officers for
sale and issuance in the same manner as  licenses  and  other  types  of
stamps. The department shall, by rule, establish the fee for the habitat
stamp  which  shall  [not  exceed]  BE NO LESS THAN five dollars plus an
additional amount for the issuing agent or officer. The  purchase  of  a
stamp  is  voluntary  and a stamp need not be possessed in order to take
fish or wildlife.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2015; provided,
however, that all funds in the habitat account of the conservation fund,
established  pursuant  to  subdivision  (h)  of  section 83 of the state
finance law, on the effective date of this act shall be  transferred  to
the  habitat  conservation  and  access  account established pursuant to
section 83-a of the state finance law as added by section three of  this
act.

                                 PART BB

  Section  1.  Paragraph  a of section 11.00 of the local finance law is
amended by adding a new subdivision 29-a to read as follows:
  29-A. TRANSIT MOTOR VEHICLES. THE PURCHASE OF MUNICIPALLY OWNED  OMNI-
BUS OR SIMILAR SURFACE TRANSIT MOTOR VEHICLES, TEN YEARS.
  S 2. This act shall take effect immediately.

                                 PART CC

  Section  1.  Section 155 of the vehicle and traffic law, as amended by
chapter 628 of the laws of 2002, is amended to read as follows:
  S 155. Traffic infraction. The violation  of  any  provision  of  this
chapter,  except  articles  forty-seven  and forty-eight, or of any law,
ordinance, order, rule or regulation regulating  traffic  which  is  not
declared  by this chapter or other law of this state to be a misdemeanor
or a felony. A traffic infraction is not  a  crime  and  the  punishment
imposed therefor shall not be deemed for any purpose a penal or criminal

S. 2008--A                         57                         A. 3008--A

punishment  and  shall not affect or impair the credibility as a witness
or otherwise of any person convicted thereof. This definition  shall  be
retroactive  and  shall  apply  to  all  acts  and violations heretofore
committed  where such acts and violations would, if committed subsequent
to the taking effect of this section, be included within the meaning  of
the  term  "traffic  infraction"  as  herein  defined.  Except  in those
portions of Suffolk county for which a district court  has  been  estab-
lished,  outside  of cities having a population in excess of two hundred
thousand BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which  administra-
tive  tribunals  have  heretofore been established AND OUTSIDE OF CITIES
HAVING A POPULATION IN EXCESS OF ONE  MILLION  IN  WHICH  ADMINISTRATIVE
TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, courts and judicial officers
heretofore having jurisdiction over such violations shall continue to do
so and for such purpose such violations shall be deemed misdemeanors and
all  provisions  of  law  relating to misdemeanors except as provided in
section eighteen hundred five of  this  chapter  and  except  as  herein
otherwise expressly provided shall apply except that no jury trial shall
be  allowed for traffic infractions. In those portions of Suffolk county
for which a district court has been established, and in cities having  a
population  in  excess of two hundred thousand BUT LESS THAN TWO HUNDRED
TWENTY THOUSAND in which administrative tribunals have  heretofore  been
established  AND  IN CITIES HAVING A POPULATION IN EXCESS OF ONE MILLION
IN WHICH ADMINISTRATIVE TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED,  the
criminal  courts of such cities or portions of Suffolk county in which a
district court has been established shall have jurisdiction to hear  and
determine  any  complaint  alleging  a  violation constituting a traffic
infraction, except that administrative tribunals heretofore  established
in  such  cities or portions of Suffolk county in which a district court
has been established shall have jurisdiction to hear and  determine  any
charge  of  an  offense  which  is a traffic infraction, except parking,
standing or stopping. In cities having a population  in  excess  of  two
hundred  thousand in which administrative tribunals have heretofore been
established, and any such administrative  tribunal  established  by  the
city  of  Yonkers,  the city of Peekskill, or the city of Syracuse, such
tribunals shall have jurisdiction to hear and determine any charge of an
offense which is a parking, standing or  stopping  violation.  Any  fine
imposed  by  an  administrative  tribunal  shall be a civil penalty. For
purposes of arrest without a warrant, pursuant to  article  one  hundred
forty  of  the  criminal  procedure  law,  a traffic infraction shall be
deemed an offense.
  S 2.  Subdivision 1 of section 225 of the vehicle and traffic law,  as
amended  by  chapter  388  of  the  laws  of 2012, is amended to read as
follows:
  1. Notwithstanding any inconsistent provision of law,  all  violations
of this chapter or of a law, ordinance, order, rule or regulation relat-
ing  to  traffic,  except  parking,  standing,  stopping  or  pedestrian
offenses, which occur within a city having a population of  two  hundred
thousand  or  more  BUT  LESS  THAN TWO HUNDRED TWENTY THOUSAND in which
administrative tribunals have heretofore been established, OR  WITHIN  A
CITY  HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE
TRIBUNALS HAVE HERETOFORE, BEEN ESTABLISHED, and which are classified as
traffic infractions, may be heard and determined pursuant to  the  regu-
lations  of  the  commissioner  as  provided in this article. Whenever a
crime and a traffic infraction arise out  of  the  same  transaction  or
occurrence,  a  charge  alleging  both  offenses  may be made returnable
before the court having jurisdiction  over  the  crime.  Nothing  herein

S. 2008--A                         58                         A. 3008--A

provided shall be construed to prevent a court, having jurisdiction over
a  criminal  charge  relating  to  traffic or a traffic infraction, from
lawfully entering a judgment of conviction, whether or not  based  on  a
plea of guilty, for any offense classified as a traffic infraction.
  S  3.  Subdivision 5 of section 227 of the vehicle and traffic law, as
amended by chapter 690 of the laws  of  1996,  is  amended  to  read  as
follows:
  5.  All  penalties  and  forfeited  security collected pursuant to the
provisions of this article shall be paid to the department of audit  and
control  to the credit of the justice court fund and shall be subject to
the applicable provisions of section  eighteen  hundred  three  of  this
chapter.  After  such audit as shall reasonably be required by the comp-
troller, such penalties and forfeited security shall be  paid  quarterly
or,  in  the  discretion of the comptroller, monthly, to the appropriate
jurisdiction in which the violation  occurred  in  accordance  with  the
provisions  of  section  ninety-nine-a  of the state finance law, except
that the sum of four dollars for each violation occurring in such juris-
diction for which a complaint has been  filed  with  the  administrative
tribunal  established  pursuant to this article shall be retained by the
state. The amount distributed during the first  three  quarters  to  the
[cities]  CITY of Rochester [and Buffalo] in any given fiscal year shall
not exceed seventy percent of the amount which will be  otherwise  paya-
ble.  Provided,  however,  that  if the full costs of administering this
article shall exceed the amounts received and retained by the state  for
any  period  specified by the commissioner, then such additional sums as
shall be required to offset such costs shall be retained  by  the  state
out  of  the penalties and forfeited security collected pursuant to this
article.
  S 4. Section 370 of the general municipal law is amended by  adding  a
new subdivision 4 to read as follows:
  4.  THERE SHALL BE AN EXECUTIVE DEPARTMENT OF THE BUFFALO CITY GOVERN-
MENT KNOWN AS THE BUFFALO TRAFFIC VIOLATIONS AGENCY, WHICH SHALL OPERATE
UNDER THE DIRECTION AND CONTROL OF THE MAYOR.
  S 5. Subdivision 2 of section 370-a of the general municipal  law,  as
amended  by chapter 388 of the laws of 2012, is amended and a new subdi-
vision 1-a is added to read as follows:
  1-A. "TRAFFIC VIOLATIONS AGENCY" SHALL MEAN AN EXECUTIVE DEPARTMENT OF
THE CITY OF BUFFALO ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF  SECTION
THREE HUNDRED SEVENTY OF THIS ARTICLE TO ADMINISTER AND DISPOSE OF TRAF-
FIC INFRACTIONS AS AUTHORIZED PURSUANT TO THIS ARTICLE.
  2.  "Traffic prosecutor" shall mean an attorney duly admitted to prac-
tice law in the state of New York who, having been appointed and  either
hired or retained pursuant to section three hundred seventy-four of this
article,  has  the responsibility of prosecuting any traffic and parking
infractions returnable before the Nassau county district  court  or  the
Suffolk  county  district  court  OR  ANY TRAFFIC INFRACTIONS RETURNABLE
BEFORE THE BUFFALO CITY COURT pursuant to the jurisdictional limitations
of section three hundred seventy-one of this article.
  S 6. Section 371 of the general municipal law is amended by  adding  a
new subdivision 2-a to read as follows:
  2-A. THE BUFFALO TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDIVI-
SION  FOUR  OF  SECTION  THREE  HUNDRED  SEVENTY OF THIS ARTICLE, MAY BE
AUTHORIZED TO ASSIST THE BUFFALO  CITY  COURT  IN  THE  DISPOSITION  AND
ADMINISTRATION  OF  INFRACTIONS  OF  TRAFFIC LAWS, ORDINANCES, RULES AND
REGULATIONS EXCEPT THAT SUCH AGENCY SHALL NOT HAVE JURISDICTION OVER (A)
THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION ONE OF  SECTION  ELEVEN

S. 2008--A                         59                         A. 3008--A

HUNDRED  NINETY-TWO  OF  THE  VEHICLE  AND  TRAFFIC LAW; (B) THE TRAFFIC
INFRACTION DEFINED UNDER SUBDIVISION  FIVE  OF  SECTION  ELEVEN  HUNDRED
NINETY-TWO  OF  THE  VEHICLE  AND TRAFFIC LAW; (C) THE VIOLATION DEFINED
UNDER  PARAGRAPH  (B)  OF  SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE
TRANSPORTATION LAW AND THE VIOLATION DEFINED UNDER CLAUSE (B) OF SUBPAR-
AGRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF  SECTION  ONE  HUNDRED
FORTY  OF  THE  TRANSPORTATION  LAW;  (D) THE TRAFFIC INFRACTION DEFINED
UNDER SECTION THREE HUNDRED NINETY-SEVEN-A OF THE  VEHICLE  AND  TRAFFIC
LAW  AND THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF  THE  VEHICLE  AND  TRAFFIC  LAW;  (E)  TRAFFIC
INFRACTIONS  CONSTITUTING  PARKING,  STANDING,  STOPPING  OR  PEDESTRIAN
OFFENSES; (F) ANY MISDEMEANOR OR FELONY; OR (G) ANY OFFENSE THAT IS PART
OF THE SAME CRIMINAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION
TWO OF SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW, AS  A  VIOLATION  OF
SUBDIVISION  ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
TRAFFIC LAW, A VIOLATION OF SUBDIVISION FIVE OF SECTION  ELEVEN  HUNDRED
NINETY-TWO  OF THE VEHICLE AND TRAFFIC LAW, A VIOLATION OF PARAGRAPH (B)
OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE TRANSPORTATION  LAW,  A
VIOLATION OF CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVI-
SION  TWO  OF  SECTION  ONE  HUNDRED  FORTY OF THE TRANSPORTATION LAW, A
VIOLATION OF SECTION THREE HUNDRED NINETY-SEVEN-A  OF  THE  VEHICLE  AND
TRAFFIC  LAW,  A VIOLATION CONSTITUTING A PARKING, STOPPING, STANDING OR
PEDESTRIAN OFFENSE, A VIOLATION OF SUBDIVISION  (G)  OF  SECTION  ELEVEN
HUNDRED  EIGHTY  OF  THE  VEHICLE  AND TRAFFIC LAW OR ANY MISDEMEANOR OR
FELONY.
  S 7. Section 371 of the general municipal law is amended by  adding  a
new subdivision 3-a to read as follows:
  3-A. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
THE BUFFALO TRAFFIC VIOLATIONS AGENCY MAY BE PERMITTED TO ANSWER, WITHIN
A  SPECIFIED  TIME, AT THE TRAFFIC VIOLATIONS AGENCY EITHER IN PERSON OR
BY WRITTEN POWER OF ATTORNEY IN SUCH FORM AS MAY BE  PRESCRIBED  IN  THE
ORDINANCE  OR LOCAL LAW CREATING THE AGENCY, BY PAYING A PRESCRIBED FINE
AND, IN WRITING, WAIVING A HEARING IN  COURT,  PLEADING  GUILTY  TO  THE
CHARGE  OR  A  LESSER CHARGE AGREEABLE TO THE TRAFFIC PROSECUTOR AND THE
PERSON CHARGED WITH AN INFRACTION, AND AUTHORIZING THE PERSON IN  CHARGE
OF  THE  AGENCY  TO  ENTER  SUCH A PLEA AND ACCEPT PAYMENT OF SAID FINE.
ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY  BY  THE  AGENCY
SHALL  BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION, AND THE VIOLA-
TOR SHALL BE GIVEN A RECEIPT WHICH SO STATES. IF A PERSON CHARGED WITH A
TRAFFIC VIOLATION DOES NOT ANSWER AS HEREINBEFORE PRESCRIBED,  WITHIN  A
DESIGNATED  TIME, THE AGENCY MAY CAUSE A COMPLAINT TO BE ENTERED AGAINST
HIM FORTHWITH AND A WARRANT TO BE ISSUED FOR HIS ARREST  AND  APPEARANCE
BEFORE  THE  COURT,  SUCH  SUMMONS  TO  BE  PREDICATED UPON THE PERSONAL
SERVICE OF SAID SUMMONS UPON THE PERSON CHARGED WITH THE INFRACTION. ANY
PERSON WHO SHALL HAVE BEEN, WITHIN THE PRECEDING TWELVE  MONTHS,  GUILTY
OF THREE OR MORE VIOLATIONS, SHALL NOT BE PERMITTED TO APPEAR AND ANSWER
TO  A  SUBSEQUENT VIOLATION AT THE AGENCY, BUT MUST APPEAR IN COURT AT A
TIME SPECIFIED BY THE AGENCY. SUCH AGENCY SHALL  NOT  BE  AUTHORIZED  TO
DEPRIVE A PERSON OF HIS RIGHT TO COUNSEL OR TO PREVENT HIM FROM EXERCIS-
ING  HIS  RIGHT  TO APPEAR IN COURT TO ANSWER TO, EXPLAIN, OR DEFEND ANY
CHARGE OF A VIOLATION OF ANY TRAFFIC LAW, ORDINANCE, RULE OR REGULATION.
  S 8. Section 371 of the general municipal law is amended by  adding  a
new subdivision 4-a to read as follows:
  4-A.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENAL-
TIES AND FORFEITURES COLLECTED BY THE BUFFALO TRAFFIC VIOLATIONS  AGENCY
SHALL  BE  DISTRIBUTED  AS PROVIDED IN SECTION EIGHTEEN HUNDRED THREE OF

S. 2008--A                         60                         A. 3008--A

THE VEHICLE AND TRAFFIC LAW. ALL FINES, PENALTIES  AND  FORFEITURES  FOR
VIOLATIONS ADJUDICATED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY PURSUANT
TO  SUBDIVISION  TWO-A OF THIS SECTION EXCEPT AS PROVIDED IN SUBDIVISION
THREE  OF  SECTION NINETY-NINE-A OF THE STATE FINANCE LAW, SHALL BE PAID
BY SUCH AGENCY TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE
MONTH FOLLOWING COLLECTION.  EACH SUCH PAYMENT SHALL BE ACCOMPANIED BY A
TRUE AND COMPLETE REPORT IN SUCH FORM  AND  DETAIL  AS  THE  COMPTROLLER
SHALL PRESCRIBE.
  S  9.  The  general  municipal  law is amended by adding a new section
374-a to read as follows:
  S 374-A. TRAFFIC PROSECUTOR SELECTION AND OVERSIGHT. (A) THE EXECUTIVE
DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, APPOINTED PURSUANT TO
SUBDIVISION (B) OF THIS SECTION, SHALL SELECT AND MAY CONTRACT  WITH  OR
HIRE  ONE  OR MORE PERSONS WHO ARE ATTORNEYS, DULY ADMITTED TO THE PRAC-
TICE OF LAW IN NEW YORK STATE FOR THE PROSECUTION OF ANY TRAFFIC INFRAC-
TION, EXCEPT THOSE DESCRIBED IN PARAGRAPHS (A), (B), (C), (D), (E),  (F)
AND  (G)  OF  SUBDIVISION  TWO-A OF SECTION THREE HUNDRED SEVENTY-ONE OF
THIS ARTICLE, TO BE HEARD, TRIED OR OTHERWISE DISPOSED OF BY THE BUFFALO
CITY COURT. SUCH PERSONS SHALL BE KNOWN  AS  "TRAFFIC  PROSECUTORS",  AS
THAT TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE.
TRAFFIC  PROSECUTORS  SHALL  HAVE  THE SAME POWER AS A DISTRICT ATTORNEY
WOULD OTHERWISE HAVE IN THE PROSECUTION OF ANY TRAFFIC INFRACTION  WHICH
MAY,  PURSUANT TO THE JURISDICTIONAL PROVISIONS OF SECTION THREE HUNDRED
SEVENTY-ONE OF THIS ARTICLE, BE PROSECUTED BEFORE THE BUFFALO CITY COURT
IF THE TRAFFIC VIOLATION OCCURRED IN THE CITY OF BUFFALO. THE  EXECUTIVE
DIRECTOR  SHALL GIVE ACTIVE CONSIDERATION TO REQUIRING THAT SUCH TRAFFIC
PROSECUTORS SERVE ON A FULL-TIME BASIS.  TRAFFIC PROSECUTORS ARE PROHIB-
ITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A  TRAFFIC  PROSECUTOR
IN  ANY PART OF THE BUFFALO CITY COURT ON ANY MATTER RELATING TO TRAFFIC
VIOLATIONS AND ARE FURTHER PROHIBITED FROM  APPEARING  IN  ANY  CAPACITY
OTHER  THAN AS A TRAFFIC PROSECUTOR IN ANY OTHER COURT OR ADMINISTRATIVE
TRIBUNAL ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
  (B) THE MAYOR OF THE CITY OF BUFFALO SHALL APPOINT A PERSON  TO  SERVE
AS  THE  EXECUTIVE  DIRECTOR  OF  THE  BUFFALO TRAFFIC VIOLATIONS AGENCY
SUBJECT TO THE CONFIRMATION  OF  THE  COMMON  COUNCIL  OF  THE  CITY  OF
BUFFALO.  THE  EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE OVERSIGHT
AND ADMINISTRATION OF THE AGENCY. THE EXECUTIVE DIRECTOR  IS  PROHIBITED
FROM  APPEARING IN ANY CAPACITY IN ANY PART OF THE BUFFALO CITY COURT ON
ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND IS FURTHER PROHIBITED FROM
APPEARING IN ANY CAPACITY IN ANY OTHER COURT OR ADMINISTRATIVE  TRIBUNAL
ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
  (C)  IT SHALL BE A MISDEMEANOR FOR THE EXECUTIVE DIRECTOR, ANY TRAFFIC
PROSECUTOR OR ANY JUDICIAL HEARING  OFFICER  ASSIGNED  TO  HEAR  TRAFFIC
VIOLATIONS CASES PURSUANT TO SECTION SIXTEEN HUNDRED NINETY OF THE VEHI-
CLE  AND  TRAFFIC  LAW  TO  ESTABLISH  ANY  QUOTA  OF  TRAFFIC VIOLATION
CONVICTIONS WHICH MUST BE OBTAINED BY ANY TRAFFIC PROSECUTOR OR JUDICIAL
HEARING OFFICER. NOTHING CONTAINED HEREIN SHALL PROHIBIT THE  TAKING  OF
ANY  JOB ACTION AGAINST A TRAFFIC PROSECUTOR OR JUDICIAL HEARING OFFICER
FOR FAILURE TO SATISFACTORILY PERFORM SUCH PROSECUTOR'S OR OFFICER'S JOB
ASSIGNMENT EXCEPT THAT THE EMPLOYMENT PRODUCTIVITY OF SUCH PROSECUTOR OR
OFFICER SHALL NOT BE MEASURED BY THE ATTAINMENT OR NONATTAINMENT OF  ANY
CONVICTION  QUOTA.  FOR  THE PURPOSES OF THIS SECTION A CONVICTION QUOTA
SHALL MEAN A SPECIFIC NUMBER OF CONVICTIONS WHICH MUST BE OBTAINED WITH-
IN A SPECIFIC TIME PERIOD.
  (D) PURSUANT TO ARTICLE 20 OF THE BUFFALO CITY CHARTER,  THE  CITY  OF
BUFFALO  MAY APPROPRIATE THOSE MONIES WHICH, IN ITS SOLE DISCRETION, ARE

S. 2008--A                         61                         A. 3008--A

NECESSARY FOR THE COMPENSATION OF THOSE PERSONS  SELECTED  TO  SERVE  AS
EXECUTIVE  DIRECTOR  AND  TRAFFIC  PROSECUTORS  AND  TO  COVER ALL OTHER
EXPENSES ASSOCIATED WITH  THE  ADMINISTRATION  OF  THE  BUFFALO  TRAFFIC
VIOLATIONS AGENCY.
  S  10.  Subdivision  3  of  section  99-a of the state finance law, as
amended by chapter 388 of the laws  of  2012,  is  amended  to  read  as
follows:
  3.  The  comptroller  is  hereby  authorized  to implement alternative
procedures, including guidelines in conjunction therewith,  relating  to
the remittance of fines, penalties, forfeitures and other moneys by town
and village justice courts, and by the Nassau and Suffolk counties traf-
fic  and parking violations agencies, AND BY THE CITY OF BUFFALO TRAFFIC
VIOLATIONS AGENCY, to the justice court fund and for the distribution of
such moneys by the justice court fund.  Notwithstanding any law  to  the
contrary, the alternative procedures utilized may include:
  a. electronic funds transfer;
  b. remittance of funds by the justice court to the chief fiscal office
of  the town or village, or, in the case of the Nassau and Suffolk coun-
ties traffic and parking violations agencies, to the  county  treasurer,
OR, IN THE CASE OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, TO THE CITY OF
BUFFALO COMPTROLLER, for distribution in accordance with instructions by
the comptroller; and/or
  c. monthly, rather than quarterly, distribution of funds.
  The comptroller may require such reporting and record keeping as he or
she  deems  necessary  to  ensure  the  proper distribution of moneys in
accordance with applicable laws. A  justice  court  or  the  Nassau  and
Suffolk  counties traffic and parking violations agencies OR THE CITY OF
BUFFALO TRAFFIC VIOLATIONS AGENCY may utilize these procedures only when
permitted by the comptroller,  and  such  permission,  once  given,  may
subsequently be withdrawn by the comptroller on due notice.
  S  11.  Paragraph (c) of subdivision 4-a of section 510 of the vehicle
and traffic law, as added by section 10 of part J of chapter 62  of  the
laws of 2003, is amended to read as follows:
  (c) Upon receipt of notification from a traffic and parking violations
agency  OR  A  TRAFFIC  VIOLATIONS  AGENCY of the failure of a person to
appear within sixty days of the return date or new subsequent  adjourned
date,  pursuant  to  an  appearance  ticket  charging said person with a
violation of:
  (i) any of the provisions of this  chapter  except  one  for  parking,
stopping or standing and except those violations described in paragraphs
(a),  (b),  (d),  (e)  and (f) of subdivision two AND IN PARAGRAPHS (A),
(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
seventy-one of the general municipal law;
  (ii) section five hundred two or subdivision (a) of  section  eighteen
hundred fifteen of the tax law;
  (iii)  section fourteen-f (except paragraph (b) of subdivision four of
section fourteen-f), two hundred eleven or two  hundred  twelve  of  the
transportation law; or
  (iv)  any  lawful  ordinance  or  regulation made by a local or public
authority relating to traffic  (except  one  for  parking,  stopping  or
standing) or the failure to pay a fine imposed for such a violation by a
traffic  and  parking  violations agency OR A TRAFFIC VIOLATIONS AGENCY,
the commissioner or his or her agent may suspend the driver's license or
privileges of such person pending receipt of notice from the agency that
such person has appeared in response to such appearance  ticket  or  has
paid  such  fine.  Such suspension shall take effect no less than thirty

S. 2008--A                         62                         A. 3008--A

days from the day upon which notice thereof is sent by the  commissioner
to  the person whose driver's license or privileges are to be suspended.
Any suspension issued pursuant to this paragraph shall be subject to the
provisions of paragraph (j-1) of subdivision two of section five hundred
three of this chapter.
  S 12. Paragraph (b) of subdivision 3 of section 514 of the vehicle and
traffic  law,  as  amended  by section 11 of part J of chapter 62 of the
laws of 2003, is amended to read as follows:
  (b) Upon the failure of a person to appear  or  answer,  within  sixty
days of the return date or any subsequent adjourned date, or the failure
to  pay  a  fine imposed by a traffic and parking violations agency OR A
TRAFFIC VIOLATIONS AGENCY pursuant to a summons charging him or her with
a violation of:
  (1) any of the provisions of this  chapter  except  one  for  parking,
stopping or standing and except those violations described in paragraphs
(a),  (b),  (d),  (e)  and (f) of subdivision two AND IN PARAGRAPHS (A),
(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
seventy-one of the general municipal law;
  (2) section five hundred two or subdivision (a)  of  section  eighteen
hundred fifteen of the tax law;
  (3)  section  fourteen-f  (except paragraph (b) of subdivision four of
section fourteen-f), two hundred eleven or two  hundred  twelve  of  the
transportation law; or
  (4)  any  lawful  ordinance  or  regulation  made by a local or public
authority relating to traffic  (except  one  for  parking,  stopping  or
standing);
the clerk thereof shall within ten days certify that fact to the commis-
sioner, in the manner and form prescribed by the commissioner, who shall
record the same in his or her office. Thereafter and upon the appearance
of  any  such  person  in response to such summons or the receipt of the
fine by the agency, the traffic and parking violations agency, THE TRAF-
FIC VIOLATIONS AGENCY or the clerk thereof shall forthwith certify  that
fact  to  the  commissioner,  in  the  manner and form prescribed by the
commissioner; provided, however, no such  certification  shall  be  made
unless  the  traffic  and  parking  violations  agency  OR  THE  TRAFFIC
VIOLATIONS AGENCY  has  collected  the  termination  of  suspension  fee
required  to  be  paid pursuant to paragraph (j-1) of subdivision two of
section five hundred three of this chapter.
  S 13. The article heading of article 44-A of the vehicle  and  traffic
law,  as  amended by chapter 388 of the laws of 2012, is amended to read
as follows:
                    AUTHORITY OF THE NASSAU AND SUFFOLK
              COUNTY DISTRICT COURT AND BUFFALO CITY COURT
                        JUDICIAL HEARING OFFICERS
  S 14. The section heading of section 1690 of the vehicle  and  traffic
law,  as  amended by chapter 388 of the laws of 2012, is amended to read
as follows:
  Authority of the Nassau county and Suffolk county district court judi-
cial hearing officers AND THE CITY OF BUFFALO JUDICIAL HEARING OFFICERS.
  S 15. Section 1690 of the vehicle and traffic law is amended by adding
two new subdivisions 1-a and 4-a to read as follows:
  1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE TRIAL OF  A
TRAFFIC  INFRACTION  IS  AUTHORIZED  OR  REQUIRED TO BE TRIED BEFORE THE
BUFFALO CITY COURT, AND SUCH TRAFFIC INFRACTION DOES  NOT  CONSTITUTE  A
MISDEMEANOR,  FELONY,  VIOLATION  OF  SUBDIVISION  ONE OF SECTION ELEVEN
HUNDRED  NINETY-TWO,  SUBDIVISION  FIVE  OF   SECTION   ELEVEN   HUNDRED

S. 2008--A                         63                         A. 3008--A

NINETY-TWO,  SECTION THREE HUNDRED NINETY-SEVEN-A, OR SUBDIVISION (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, OR A VIOLATION  OF  PARA-
GRAPH  (B)  OF  SUBDIVISION  FOUR OF SECTION FOURTEEN-F OR CLAUSE (B) OF
SUBPARAGRAPH  (III)  OF  PARAGRAPH  C  OF SUBDIVISION TWO OF SECTION ONE
HUNDRED FORTY OF THE  TRANSPORTATION  LAW,  OR  ANY  PARKING,  STOPPING,
STANDING  OR PEDESTRIAN OFFENSE, OR ANY OFFENSE THAT IS PART OF THE SAME
CRIMINAL TRANSACTION, AS THAT TERM IS  DEFINED  IN  SUBDIVISION  TWO  OF
SECTION  40.10  OF  THE  CRIMINAL  PROCEDURE LAW, AS SUCH A MISDEMEANOR,
FELONY,  VIOLATION  OF  SUBDIVISION  ONE  OF  SECTION   ELEVEN   HUNDRED
NINETY-TWO,  SUBDIVISION  TWO  OF  SECTION  ELEVEN  HUNDRED  NINETY-TWO,
SECTION THREE HUNDRED NINETY-SEVEN-A OR SUBDIVISION (G) OF SECTION ELEV-
EN HUNDRED EIGHTY OF THIS CHAPTER, OR A VIOLATION OF  PARAGRAPH  (B)  OF
SUBDIVISION  FOUR  OF  SECTION  FOURTEEN-F OR CLAUSE (B) OF SUBPARAGRAPH
(III) OF PARAGRAPH D OF SUBDIVISION TWO OF SECTION ONE HUNDRED FORTY  OF
THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING, STANDING OR PEDESTRIAN
OFFENSE,  THE  ADMINISTRATIVE  JUDGE OF THE EIGHTH JUDICIAL DISTRICT MAY
ASSIGN JUDICIAL HEARING OFFICERS TO CONDUCT SUCH A TRIAL. SUCH  JUDICIAL
HEARING  OFFICERS  SHALL:  (I)  BE RESIDENTS OF THE CITY OF BUFFALO; AND
(II) BE VILLAGE OR TOWN COURT JUSTICES, CITY  COURT  JUDGES  OR  RETIRED
JUDGES OR JUSTICES ALL OF WHICH SHALL HAVE AT LEAST TWO YEARS OF EXPERI-
ENCE  CONDUCTING TRIALS OF TRAFFIC VIOLATIONS CASES; AND (III) BE ADMIT-
TED TO PRACTICE LAW IN THIS STATE; AND (IV) BE SELECTED FROM A  LIST  OF
RECOMMENDATIONS  OF  THE  MAYOR OF THE CITY OF BUFFALO PROVIDED THAT THE
MAYOR SHALL GIVE AT LEAST THREE RECOMMENDATIONS FOR EACH JUDICIAL  HEAR-
ING  OFFICER  ASSIGNMENT.  WHERE  SUCH  ASSIGNMENT IS MADE, THE JUDICIAL
HEARING OFFICER SHALL ENTERTAIN THE CASE IN THE SAME MANNER AS  A  COURT
AND SHALL:
  (A) DETERMINE ALL QUESTIONS OF LAW;
  (B) ACT AS THE EXCLUSIVE TRIER OF ALL ISSUES OF FACT;
  (C) RENDER A VERDICT;
  (D) IMPOSE SENTENCE; OR
  (E) DISPOSE OF THE CASE IN ANY MANNER PROVIDED BY LAW.
  4-A.  JUDICIAL  HEARING  OFFICERS ARE PROHIBITED FROM APPEARING IN ANY
CAPACITY OTHER THAN AS A JUDICIAL HEARING OFFICER IN ANY PART OF BUFFALO
CITY COURT ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND ARE  FURTHER
PROHIBITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A JUDICIAL HEAR-
ING  OFFICER IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL ON ANY MATTER
RELATING TO TRAFFIC VIOLATIONS.
  S 16. Subdivision 5 of section 350.20 of the criminal  procedure  law,
as  amended  by  chapter  388 of the laws of 2012, is amended to read as
follows:
  5. Notwithstanding the provisions of subdivision one of this  section,
for  all  proceedings  before  the  district  court of Nassau county the
administrative judge of Nassau  county  may,  and  for  all  proceedings
before the district court of Suffolk county, the administrative judge of
Suffolk  county  may, without the consent of the parties, assign matters
involving traffic and parking  infractions  except  those  described  in
paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
three  hundred  seventy-one  of  the general municipal law to a judicial
hearing officer in accordance with the  provisions  of  section  sixteen
hundred  ninety  of  the vehicle and traffic law AND FOR ALL PROCEEDINGS
BEFORE THE BUFFALO CITY COURT THE ADMINISTRATIVE  JUDGE  OF  THE  EIGHTH
JUDICIAL  DISTRICT  MAY,  WITHOUT  THE  CONSENT  OF  THE PARTIES, ASSIGN
MATTERS INVOLVING TRAFFIC INFRACTIONS EXCEPT THOSE  DESCRIBED  IN  PARA-
GRAPHS  (A),  (B),  (C),  (D),  (E), (F) AND (G) OF SUBDIVISION TWO-A OF
SECTION THREE HUNDRED SEVENTY-ONE OF THE  GENERAL  MUNICIPAL  LAW  TO  A

S. 2008--A                         64                         A. 3008--A

JUDICIAL  HEARING  OFFICER  IN ACCORDANCE WITH THE PROVISIONS OF SECTION
SIXTEEN HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
  S  17.  Pending actions and proceedings. (a) No proceeding involving a
charge of a traffic infraction pending at such  time  when  an  existing
administrative tribunal shall cease to exist shall be affected or abated
by  the  passage  of  this act or by anything herein contained or by the
cessation of the existence of  any  administrative  tribunal.  All  such
proceedings are hereby transferred to the court of appropriate jurisdic-
tion in the city where such traffic infractions allegedly occurred.
  (b)(i)  The  agency,  department,  office,  or person charged with the
custody of the records of an existing administrative tribunal  which  is
about  to  cease  existing  under, or in connection with, this act shall
arrange for the transfer of the records of pending  proceedings  to  the
court  of  appropriate  jurisdiction  to  which the proceedings shall be
transferred. The presiding judge of such  court  shall  enter  an  order
providing  for  adequate  notice  consistent  with due process of law to
respondents in such pending proceedings regarding the transfer  of  such
proceedings.
  (ii)  In  no  event  shall  any difficulty or delay resulting from the
transfer process, not caused by the  respondent,  increase  the  penalty
required  of the respondent appearing before the court due to a transfer
of  the  traffic  infraction  proceeding  or  otherwise  prejudice  such
respondent.  Respondents before the court due to a transfer of the traf-
fic infraction proceeding from an administrative tribunal to  the  court
that  fail  to appear shall be permitted at least one adjournment before
the penalties and procedures pursuant to subdivision 3 of section 226 of
the vehicle and traffic law shall be available. The presiding  judge  of
such court shall enter an order providing for adequate notice consistent
with  due  process of law to respondents, including notice of the penal-
ties and procedures available pursuant to subdivision 3 of  section  226
of the vehicle and traffic law.
  S  18. The executive director of the Buffalo traffic violations agency
shall issue on an annual basis, beginning eighteen months following  the
creation  of  the  Buffalo traffic violations agency pursuant to city of
Buffalo local law, a report  detailing  the  progress,  development  and
operations  of  the  traffic  violations  agency.    The report shall be
provided to the governor, the temporary president  of  the  senate,  the
speaker  of  the  assembly,  the mayor of Buffalo, the common council of
Buffalo, the presiding judge of the Buffalo  city  court  and  the  Erie
county district attorney.
  S  19.  This  act shall take effect on May 1, 2015; provided, however,
that effective immediately the city of Buffalo is authorized to enact  a
local  law  establishing  a  traffic  violations  agency  in the city of
Buffalo; provided, however, that the provisions  of  sections  four  and
five  of this act shall take effect on the same date as the enactment of
such local law, herein authorized,  establishing  a  traffic  violations
agency; provided, further, that if established, such agency and the city
of Buffalo shall comply with all the provisions of law set forth in this
act;  provided,  however, that the amendments made to section 371 of the
general municipal law, made by sections six, seven  and  eight  of  this
act,  shall  not  affect the expiration of such section and be deemed to
expire therewith; and provided, further, that the city of Buffalo  shall
notify  the  legislative bill drafting commission upon the occurrence of
the enactment of the local law provided for in  this  section  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 furth-

S. 2008--A                         65                         A. 3008--A

erance of effectuating the provisions of section 44 of  the  legislative
law and section 70-b of the public officers law.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the applicable effective date of Parts A through CC of this act shall be
as specifically set forth in the last section of such Parts.