Enacts into law major components of legislation necessary to implement the state fiscal plan relating to transportation, environmental conservation, and economic development
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| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 09, 2015 |
referred to ways and means |
Relates to the effectiveness of certain provisions of law relating to motor vehicle fees and the payment of department of motor vehicle costs (Part A); relates to fees and charges for inspection or re-inspection of vehicles; provides that such fees be deposited into the dedicated highway and bridge trust fund (Part C); includes Ontario county in the Rochester-Genesee Regional Transportation District (Part D)
S T A T E O F N E W Y O R K
________________________________________________________________________
6008
2015-2016 Regular Sessions
I N A S S E M B L Y
March 9, 2015
___________
Introduced by COMMITTEE ON RULES -- 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 extending provisions relating to the payment of depart-
ment of motor vehicle costs from the dedicated highway and bridge
trust fund (Part A); intentionally omitted (Part B); to amend the
transportation law, in relation to fees for motor carriers; and to
repeal certain provisions of such law relating thereto (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 assist-
ance for capital investments fund (Part E); authorizing the department
of transportation to defer reductions in service payments for two
years (Part F); intentionally omitted (Part G); intentionally omitted
(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); intentionally omitted (Part K); intentionally omitted (Part L); to
amend the New York state urban development 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD20006-01-5
A. 6008 2
to $913,000 (Part O); to authorize the New York state energy research
and development authority to finance a portion of its research, devel-
opment and demonstration and policy and planning programs, and to
finance the department of environmental conservation's climate change
program, from an assessment on gas and electric corporations (Part P);
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 effectiveness 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 tele-
vision companies (Part R); to amend chapter 58 of the laws of 2012
amending the public authorities law relating to authorizing the dormi-
tory authority to enter into certain design and construction manage-
ment agreements, in relation to extending certain authority of the
dormitory authority of the state of New York (Part S); to amend chap-
ter 21 of the laws of 2003, amending the executive law relating to
permitting the secretary of state to provide special handling for all
documents filed or issued by the division of corporations and to
permit additional levels of such expedited service, in relation to
extending the expiration date thereof (Part 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 agricul-
ture and markets law, in relation to eliminating 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 outstand-
ing 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 facilities, 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); intentionally omitted (Part Z); to amend the state finance
law and the environmental conservation law, in relation to establish-
ing a habitat conservation and access account; to repeal certain
provisions of the state finance law relating thereto; and providing
for the repeal of certain provisions upon the expiration thereof (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); to amend the vehicle and
traffic law, in relation to directing the city of Buffalo to adjudi-
cate traffic infractions; and in relation to certain penalties and
forfeited security collected by the city of Buffalo and granting a
traffic violations agency certain powers; to amend the general munici-
pal 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); to
amend the transportation law, in relation to establishing the tempo-
rary advisory board on upstate transit funding; and providing for the
repeal of such provisions upon expiration thereof (Part DD); to amend
the public authorities law, in relation to certain reports of the New
A. 6008 3
York state thruway authority relating to the New York state special
infrastructure account (Part EE); to amend the public authorities law,
in relation to establishing a multi-family emissions reduction program
(Part FF); and in relation to directing the New York state energy
research and development authority to develop incentive standards for
participation by certain households in energy efficiency services
(Part GG)
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 GG. 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] 2017; provided further, however, that the amendments to subdivi-
sion 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] 2017.
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] 2017.
S 3. This act shall take effect immediately.
PART B
Intentionally Omitted
A. 6008 4
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.
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 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
A. 6008 5
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
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.
A. 6008 6
[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
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
A. 6008 7
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
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].
A. 6008 8
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
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-
A. 6008 9
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
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-
A. 6008 10
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
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-
A. 6008 11
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.
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 AND OPERATING PURPOSES, INCLUDING, BUT NOT LIMITED TO THE PLANNING
AND DESIGN, ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REPLACEMENT,
IMPROVEMENT, RECONDITIONING, REHABILITATION AND PRESERVATION OF MASS
TRANSIT FACILITIES, VEHICLES, RELATED EQUIPMENT AND ROLLING STOCK WITH
AN AVERAGE SERVICE LIFE OF NO LESS THAN FIVE YEARS, AS WELL AS GENERAL
OPERATING COSTS.
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, CAPITAL ASSISTANCE
PAYMENTS AUTHORIZED UNDER THIS SECTION MAY BE APPLIED TO OPERATING
EXPENSES.
A. 6008 12
7. ALL PAYMENTS OF MONEYS FROM THE TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE MADE ON THE AUDIT AND WARRANT OF THE COMP-
TROLLER. ALL PAYMENTS SHALL BE MADE IN ACCORDANCE WITH THE DISTRIBUTION
APPROPRIATED IN THE ENACTED STATE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO
THOUSAND SIXTEEN CAPITAL PROJECTS BUDGET ON OR BEFORE DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN, AT WHICH TIME THIS SECTION SHALL BE
DEEMED REPEALED.
8. (A) NONE OF THE FUNDS APPROPRIATED OR OTHERWISE MADE AVAILABLE BY
THIS SECTION MAY BE USED FOR A PROJECT FOR THE CONSTRUCTION, ALTERATION,
MAINTENANCE, OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK UNLESS ALL OF
THE IRON, STEEL, AND MANUFACTURED GOODS THAT ARE PERMANENTLY INCORPO-
RATED INTO THE PROJECT ARE PRODUCED IN THE UNITED STATES.
(B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY IN ANY CASE OR
CATEGORY OF CASES IN WHICH THE DEPARTMENT, AGENCY OR AUTHORITY INVOLVED
FINDS THAT:
(1) APPLYING PARAGRAPH (A) OF THIS SUBDIVISION WOULD BE INCONSISTENT
WITH THE PUBLIC INTEREST;
(2) IRON, STEEL, AND THE RELEVANT MANUFACTURED GOODS ARE NOT PRODUCED
IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES
AND OF A SATISFACTORY QUALITY; OR
(3) INCLUSION OF IRON, STEEL, AND MANUFACTURED GOODS PRODUCED IN THE
UNITED STATES WILL INCREASE THE COST OF THE OVERALL PROJECT BY MORE THAN
TWENTY-FIVE PERCENT.
(C) IF THE DEPARTMENT, AGENCY, OR AUTHORITY DETERMINES THAT IT IS
NECESSARY TO WAIVE THE APPLICATION OF PARAGRAPH (A) OF THIS SUBDIVISION
BASED ON A FINDING UNDER PARAGRAPH (B) OF THIS SUBDIVISION THE DEPART-
MENT, AGENCY, OR AUTHORITY SHALL DOCUMENT IN WRITING, AND POST ON ITS
WEBSITE, IF ONE EXISTS, A DETAILED DESCRIPTION OF ALL DECISIONS MADE
JUSTIFYING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION BEING
WAIVED.
(D) THIS SECTION SHALL BE APPLIED IN A MANNER CONSISTENT WITH UNITED
STATES OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS INCLUDING BUT NOT
LIMITED TO THOSE SIGNED WITH THE GOVERNMENT OF CANADA.
(E) FOR PURPOSES OF THIS SECTION "PERMANENTLY INCORPORATED" SHALL MEAN
AN IRON, STEEL OR MANUFACTURED PRODUCT THAT IS REQUIRED TO REMAIN IN
PLACE AT THE END OF THE PROJECT CONTRACT, IN A FIXED LOCATION, AFFIXED
TO THE PUBLIC WORK OR PUBLIC BUILDING TO WHICH IT WAS INCORPORATED.
ELECTRONIC AND COMMUNICATIONS DEVICES AND MACHINERY THAT ARE NOT AFFIXED
TO THE PUBLIC WORK OR PUBLIC BUILDING THAT ARE CAPABLE OF BEING MOVED
FROM ONE LOCATION TO ANOTHER ARE NOT PERMANENTLY INCORPORATED INTO A
PUBLIC BUILDING OR PUBLIC WORK.
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
A. 6008 13
Intentionally Omitted
PART H
Intentionally Omitted
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 two, three [or], four OR PARAGRAPH (A) OF
SUBDIVISION 2-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 felony involving the use of a motor vehicle, other than the
use of a motor vehicle in the commission of a felony involving manufac-
turing, distributing, dispensing a controlled substance; or the
conviction, suspension or revocation involves any of the following
offenses while operating a commercial motor vehicle: any violation of
subdivision five or six of section eleven hundred ninety-two of this
chapter, driving a commercial motor vehicle when as a result of prior
violations committed while operating a commercial motor vehicle, the
driver's commercial driver's license 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. 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
A. 6008 14
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) (II), (III) OR (IV) of title 49 of the
code of federal regulations.
S 3. 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 THE COMMERCIAL DRIVER'S LICENSE OR THE COMMERCIAL
LEARNER'S PERMIT BEING REVOKED, 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 4. 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
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, WHENEVER A SUSPENSION, REVOCATION OR DISQUALIFICATION
APPLICABLE TO A COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL LEARNER'S
PERMIT IS REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF FEDERAL
REGULATIONS AND THEREBY IMPOSED PURSUANT TO THIS SECTION OR SECTION
ELEVEN HUNDRED NINETY-THREE OR ELEVEN HUNDRED NINETY-FOUR OF THIS CHAP-
TER, SUCH SUSPENSION, REVOCATION OR DISQUALIFICATION SHALL TAKE EFFECT
UPON THE EXPIRATION OF THE MINIMUM PERIOD OF A SUSPENSION, REVOCATION OR
A. 6008 15
DISQUALIFICATION REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF
FEDERAL REGULATIONS AND THEREBY IMPOSED PURSUANT TO THIS SECTION OR
SECTION ELEVEN HUNDRED NINETY-THREE OR ELEVEN HUNDRED NINETY-FOUR OF
THIS CHAPTER WHICH IS CURRENTLY IN EFFECT FOR SUCH LICENSE OR PERMIT AND
AROSE FROM A SEPARATE INCIDENT. PROVIDED, HOWEVER, THAT THE TERM OR
TERMS OF ANY OTHER SUSPENSION, REVOCATION OR DISQUALIFICATION APPLICABLE
TO A COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL LEARNER'S PERMIT SHALL
RUN CONCURRENTLY IF: (A) SUCH SUSPENSION, REVOCATION OR DISQUALIFICATION
IS NOT REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF FEDERAL REGU-
LATIONS; OR (B) SUCH SUSPENSION, REVOCATION OR DISQUALIFICATION AROSE
FROM THE SAME INCIDENT.
S 5. 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 6. 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 WHICH HAS BEEN DECERTIFIED IN ACCORDANCE WITH PART
384.405 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS AND NOTICE OF
SUCH DECERTIFICATION HAS BEEN PUBLISHED IN THE FEDERAL REGISTER PURSUANT
TO PART 384.409 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, the
District of Columbia or a Canadian province of violating any law relat-
ing to motor vehicle traffic control (other than a parking violation)
while operating a commercial motor vehicle shall notify the commissioner
of such conviction. Such notification 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 notification must be made in writing and
contain the following information: (a) driver's full name; (b) driver's
license number; (c) date of conviction; (d) the specific criminal or
other offense(s), serious traffic violation(s) of state or local law
relating to motor vehicle traffic control, for which the person was
convicted and any suspension, revocation, cancellation of any driving
A. 6008 16
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 COMMERCIAL
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
disqualified from operating a commercial motor vehicle for any period,
shall notify his/her current employer of such suspension, revocation,
cancellation, lost privilege, or disqualification.
S 7. 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 8. 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 9. Paragraph c of subdivision 2 of section 140 of the transportation
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:
(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
A. 6008 17
(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 TWO HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS.
S 10. 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
Intentionally Omitted
PART L
Intentionally Omitted
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.
A. 6008 18
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
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 New York state energy
research and development authority for services and expenses of the
energy research, development 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 subdivision 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 intrastate 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 New York state energy research and development authority on or
before September 10, 2015. Upon receipt, the New York state energy
research and development authority shall deposit such funds in the ener-
A. 6008 19
gy research and development operating fund established pursuant to
section 1859 of the public authorities law. The New York state 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; (2) the authority shall not commit for any expenditure,
any moneys derived from the assessment provided for in this section,
until the chair of such authority shall have submitted, and the director
of the budget shall have approved, a comprehensive financial plan encom-
passing all moneys available to and all anticipated commitments and
expenditures by such authority from any source for the operations of
such authority. Copies of the approved comprehensive financial plan
shall be immediately submitted by the chair to the chairs and secre-
taries of the legislative fiscal committees; and (3) commencing in 2016,
provide to the chair of the public service commission and the director
of the budget and the chairs and secretaries of the legislative fiscal
committees, 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 commit-
ments 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 author-
ity to contracts or otherwise 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 corporations, 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. The opening paragraph of subdivision (h) of section 121 of
chapter 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 2. This act shall take effect immediately.
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-
A. 6008 20
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 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
A. 6008 21
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
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-
A. 6008 22
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-
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;
A. 6008 23
(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
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-
A. 6008 24
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
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
A. 6008 25
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
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
A. 6008 26
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-
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 2-a. Subdivision 11 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:
11. "Restructuring bonds" means bonds or other evidences of indebt-
edness that are issued pursuant to an indenture or other agreement of
the restructuring bond issuer under a restructuring cost financing order
(a) the proceeds of which are used, directly or indirectly, to recover,
finance, or refinance approved restructuring costs, (b) that are direct-
ly or indirectly secured by, or payable from, restructuring property,
and (c) that have a term no longer than THE LIPA BONDS OR OTHER
A. 6008 27
EVIDENCES OF INDEBTEDNESS THAT ARE BEING RESTRUCTURED AND NO LONGER THAN
thirty years.
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 RESTRUCTURING BONDS AUTHORIZED TO BE
ISSUED PURSUANT TO THIS SECTION 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 PARAGRAPH, 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.
A. 6008 28
(C) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF THE AUTHORITY
BY SUCH RESOLUTION PASSED IN THE LAST SENTENCE OF PARAGRAPH (B) OF THIS
SUBDIVISION, CREATES THE RESTRUCTURING BOND ISSUER CREATED BY PARAGRAPH
(B) OF THIS SUBDIVISION, THE LEGISLATURE SHALL HAVE TWO ADDITIONAL
APPOINTEES ON SUCH RESTRUCTURING BOND ISSUER'S BOARD, ONE OF WHOM SHALL
E APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE OF WHOM
SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, THESE TWO APPOINTEES
ARE IN ADDITION TO THE THREE TRUSTEES APPOINTED BY THE GOVERNOR IN
SUBDIVISION FOUR OF THIS SECTION. THE APPOINTEE OF THE TEMPORARY PRESI-
DENT OF THE SENATE SHALL SERVE AN INITIAL TERM OF THREE YEARS; THE
APPOINTEE OF THE SPEAKER OF THE ASSEMBLY SHALL SERVE AN INITIAL TERM OF
SIX YEARS. THEIR SUCCESSORS SHALL SERVE FOR TERMS OF SIX YEARS EACH. THE
APPOINTING OFFICER MAY REMOVE ANY TRUSTEE FOR INEFFICIENCY, NEGLECT OF
DUTY OR MISCONDUCT IN OFFICE AFTER GIVING HIM OR HER A COPY OF THE
CHARGES AGAINST HIM OR HER AND AN OPPORTUNITY TO BE HEARD, IN PERSON OR
BY COUNSEL, IN HIS OR HER DEFENSE, UPON NOT LESS THAN TEN DAYS NOTICE.
IF ANY TRUSTEE SHALL BE SO REMOVED, THE APPOINTING OFFICER SHALL FILE IN
THE OFFICE OF THE DEPARTMENT OF STATE A COMPLETE STATEMENT OF THE CHARG-
ES MADE AGAINST SUCH TRUSTEE AND HIS OR HER FINDINGS THEREON, TOGETHER
WITH A COMPLETE RECORD OF THE PROCEEDINGS. TRUSTEES APPOINTED PURSUANT
TO THIS PARAGRAPH SHALL BE SUBJECT TO PARAGRAPHS (B), (C), (D), (E), (G)
AND (H) OF SUBDIVISION FOUR OF THIS SECTION.
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] THE TERM OF
WHICH DO NOT MATURE AT A DATE LATER THAN THE DEBT OR OTHER EVIDENCES OF
INDEBTEDNESS THAT ARE BEING RESTRUCTURED;
S 6. This act shall take effect immediately.
PART X
Section 1. Intentionally omitted.
S 2. Intentionally omitted.
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
A. 6008 29
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
such occurrence and upon certification thereof by the state comptroller,
the administrator shall within ten days of the date of such certif-
ication 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 established
by this paragraph shall not be imposed upon any barrel which is trans-
ferred 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. The opening paragraph and paragraph (a) of subdivision 2 of
section 179 of the navigation law, the opening paragraph as amended by
chapter 38 of the laws of 1985 and paragraph (a) as amended by section
2 of part I of chapter 577 of the laws of 2004, are amended and a new
paragraph (c) is added to read as follows:
[Two] THREE separate accounts are hereby established within the fund
established by subdivision one of this section:
(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
A. 6008 30
this article, THE PORTION OF THE SURCHARGE COLLECTED PURSUANT TO PARA-
GRAPH (D) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTY-FOUR OF
THIS ARTICLE NOT CREDITED TO THE ACCOUNT ESTABLISHED BY PARAGRAPH (A) OF
SUBDIVISION TWO OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE,
penalties collected pursuant to paragraph (b) of subdivision four of
section one hundred seventy-four-a of this article, money collected
pursuant to section one hundred eighty-seven of this article, all penal-
ties collected pursuant to section one hundred ninety-two of this arti-
cle, and registration fees collected pursuant to subdivision two of
section 17-1009 of the environmental conservation law.
(C) AN OIL SPILL PREVENTION AND TRAINING ACCOUNT WHICH SHALL BE CRED-
ITED WITH TWO MILLION ONE HUNDRED THOUSAND DOLLARS IN STATE FISCAL YEAR
2015-16 AND ONE MILLION DOLLARS IN EACH SUBSEQUENT FISCAL YEAR FROM THE
PORTION OF THE SURCHARGE COLLECTED PURSUANT TO PARAGRAPH (D) OF SUBDIVI-
SION FOUR OF SECTION ONE HUNDRED SEVENTY-FOUR FOR USE ONLY FOR THE
PURPOSES AUTHORIZED IN SUBDIVISION THREE OF SECTION ONE HUNDRED EIGHTY-
SIX OF THIS PART. IF THE BALANCE IN THE OIL SPILL PREVENTION AND TRAIN-
ING ACCOUNT EXCEEDS THREE MILLION DOLLARS AT THE START OF ANY FISCAL
YEAR THEN ANY MONEYS TO BE CREDITED TO THE ACCOUNT FOR THAT FISCAL YEAR
SHALL BE CREDITED TO THE ACCOUNT ESTABLISHED BY PARAGRAPH (A) OF SUBDI-
VISION FOUR OF SECTION ONE HUNDRED SEVENTY-FOUR.
S 5. Intentionally omitted.
S 6. Subdivision 7 of section 185 of the navigation law, as added by
chapter 672 of the laws of 1991, is 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.
S 7. Subdivisions 3 and 4 of section 186 of the navigation law, as
amended by chapter 38 of the laws of 1985, are amended to read as
follows:
3. MONEYS IN THE ACCOUNT ESTABLISHED BY PARAGRAPH (C) OF SUBDIVISION
TWO OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS PART SHALL BE DISBURSED
BY THE ADMINISTRATOR FOR THE FOLLOWING PURPOSES:
(A) 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.
(B) SUCH SUMS AS MAY BE NECESSARY FOR PETROLEUM SPILL RESPONSE DRILLS
AND EXERCISES.
(C) 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.
PRIOR TO DISBURSEMENT OF SUCH MONIES, A SPENDING PLAN SHALL BE PREPARED
BY THE COMMISSIONER AND POSTED ON THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION WEBSITE.
4. Moneys shall be disbursed from the fund only for the purposes set
forth in subdivisions one and two of this section; PROVIDED HOWEVER, FOR
A. 6008 31
THE PURPOSES OF SUBDIVISION THREE OF THIS SECTION ONLY MONIES FROM THE
ACCOUNT ESTABLISHED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF
SECTION ONE HUNDRED SEVENTY-NINE OF THIS PART MAY BE DISBURSED FOR SUCH
PURPOSES.
[4.] 5. The state comptroller may invest and reinvest any moneys in
said fund in obligations in which the comptroller is authorized to
invest pursuant to the provisions of section ninety-eight-a of the state
finance law. Any income or interest derived from such investment shall
be included in the fund.
S 8. Intentionally omitted.
S 9. Intentionally omitted.
S 10. Intentionally omitted.
S 11. Intentionally omitted.
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. Intentionally omitted.
S 14. This act shall take effect immediately, provided however, the
increased fees authorized in section three of this act shall take effect
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 of section 72-0303
of the environmental conservation law, as amended by section 1 of part
BBB of chapter 59 of the laws of 2009, is amended to read as follows:
A. 6008 32
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.
S 2. Intentionally omitted.
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;
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;
A. 6008 33
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. Intentionally omitted.
S 5. This act shall take effect immediately and shall apply to all
bills issued on and after January 1, 2015.
PART Z
Intentionally Omitted
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:
A. 6008 34
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 ALL life-
time hunting, fishing[,] AND trapping[,] LICENSES AND LIFETIME archery
and muzzle-loading [licenses] PRIVILEGES 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 (IV) OF THIS
PARAGRAPH. Any income earned by the investment 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.
(ii) The state comptroller shall provide an annual report of the trust
account which lists the amount of the principal, THE AMOUNT TRANSFERRED
TO THE HABITAT CONSERVATION AND ACCESS ACCOUNT PURSUANT TO SUBPARAGRAPH
(IV) 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 immediate-
ly preceding March thirty-first. A copy of such report shall be trans-
mitted, 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 department of environ-
mental 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.
(IV) BEGINNING APRIL FIRST, TWO THOUSAND FIFTEEN, THE LESSER OF (A)
ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ANNUALLY FROM THE STATE FISH
AND GAME TRUST ACCOUNT OR (B) AN AMOUNT EQUIVALENT TO FIFTY PERCENT OF
THE MONEYS RECEIVED BY THE STATE IN ONE YEAR FROM THE SALE OF ALL LIFE-
TIME HUNTING, FISHING AND TRAPPING LICENSES AND LIFETIME ARCHERY AND
MUZZLE-LOADING PRIVILEGES PURSUANT TO SECTION 11-0702 OF THE ENVIRON-
MENTAL CONSERVATION LAW SHALL BE AVAILABLE FOR DEPOSIT WITHIN THE HABI-
TAT CONSERVATION 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) THE HABITAT
CONSERVATION AND ACCESS ACCOUNT IS CREATED WITHIN THE MISCELLANEOUS
CAPITAL PROJECTS FUND. THE HABITAT CONSERVATION AND ACCESS ACCOUNT SHALL
CONSIST OF ALL MONEYS FROM SUBPARAGRAPH (IV) OF PARAGRAPH FOUR OF SUBDI-
A. 6008 35
VISION (A) OF SECTION EIGHTY-THREE OF THIS ARTICLE, AND ALL MONEYS,
REVENUES AND INTEREST THEREON RECEIVED AS A RESULT OF THE APPLICATION OF
SUBDIVISION SEVENTEEN OF SECTION 11-0305 OF THE ENVIRONMENTAL CONSERVA-
TION LAW AUTHORIZING THE ISSUANCE AND SALE OF VOLUNTARY 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 EXCLUSIVELY
FOR THE CAPITAL EXPENSES ASSOCIATED WITH FISH AND WILDLIFE HABITAT
MANAGEMENT, PROTECTION, AND RESTORATION, 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 SHALL REVERT TO THE STATE
FISH AND GAME TRUST ACCOUNT ESTABLISHED PURSUANT 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; and provided further that section one of this act shall expire and
be deemed repealed April 1, 2017.
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
A. 6008 36
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
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
A. 6008 37
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
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.
A. 6008 38
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
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
A. 6008 39
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
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
A. 6008 40
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
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
A. 6008 41
(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
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:
A. 6008 42
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
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
A. 6008 43
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
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
A. 6008 44
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-
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.
PART DD
Section 1. The transportation law is amended by adding a new article
2-G to read as follows:
ARTICLE 2-G
TEMPORARY ADVISORY BOARD ON UPSTATE TRANSIT FUNDING
SECTION 74-A. TEMPORARY ADVISORY BOARD ON UPSTATE FUNDING.
74-B. ASSISTANCE OF OTHER AGENCIES.
S 74-A. TEMPORARY ADVISORY BOARD ON UPSTATE TRANSIT FUNDING.
1. THERE IS HEREBY CREATED IN THE DEPARTMENT A BOARD, TO BE KNOWN AS
THE TEMPORARY ADVISORY BOARD ON UPSTATE TRANSIT FUNDING. SUCH BOARD
SHALL STUDY, DEVELOP AND MAKE SPECIFIC RECOMMENDATIONS WITH RESPECT TO
SUSTAINABLE STATE FUNDING OPTIONS FOR THE GROWTH AND STABILITY OF THE
PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT, HEREINAFTER
REFERRED TO AS "PTSOA ACCOUNT," OF THE MASS TRANSPORTATION OPERATING
ASSISTANCE FUND. AS PART OF SUCH STUDY, THE BOARD MAY PROVIDE AN OPPOR-
TUNITY FOR PUBLIC COMMENT INCLUDING PUBLIC HEARINGS.
2. SUCH BOARD SHALL CONSIST OF THE COMMISSIONER AND NINE OTHER MEMBERS
TO BE APPOINTED BY THE GOVERNOR AS FOLLOWS: TWO UPON THE RECOMMENDATION
OF THE TEMPORARY PRESIDENT OF THE SENATE, TWO UPON THE RECOMMENDATION OF
THE SPEAKER OF THE ASSEMBLY, ONE UPON THE RECOMMENDATION OF THE MINORITY
LEADER OF THE SENATE, ONE UPON THE RECOMMENDATION OF THE MINORITY LEADER
OF THE ASSEMBLY, AND THREE WITHOUT RECOMMENDATION FROM ANY OTHER PERSON.
OF THE NINE MEMBERS APPOINTED BY THE GOVERNOR, AT LEAST TWO SHALL BE
REPRESENTATIVES OF LOCAL GOVERNMENTS RECEIVING PTSOA ACCOUNT FUNDS, AT
LEAST TWO SHALL BE REPRESENTATIVES OF PUBLIC TRANSPORTATION AUTHORITIES
RECEIVING PTSOA ACCOUNT FUNDS, AT LEAST TWO SHALL BE REPRESENTATIVES OF
LABOR UNIONS AFFILIATED WITH PUBLIC TRANSPORTATION SYSTEMS RECEIVING
PTSOA ACCOUNT FUNDS, AND AT LEAST TWO SHALL BE REPRESENTATIVES OF RIDERS
OF PUBLIC TRANSPORTATION SYSTEMS RECEIVING PTSOA ACCOUNT FUNDS.
3. THE COMMISSIONER SHALL SERVE AS CHAIR OF THE BOARD, AND PERSONNEL
OF THE DEPARTMENT SHALL PROVIDE, FROM EXISTING STAFF, SERVICES TO THE
BOARD SO THAT IT MAY PERFORM ITS DUTIES.
4. BOARD MEMBERS SHALL BE APPOINTED WITHIN THIRTY DAYS AFTER THE
EFFECTIVE DATE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT AFTER THE EXPI-
RATION OF THE THIRTY DAY PERIOD, THE APPOINTMENT OF A MAJORITY OF THE
MEMBERS SHALL CONSTITUTE A QUORUM. BOARD MEMBERS SHALL SERVE WITHOUT
COMPENSATION.
5. THE BOARD SHALL PREPARE A REPORT ON OR BEFORE DECEMBER FIRST, TWO
THOUSAND FIFTEEN ON ITS FINDINGS AND SPECIFIC RECOMMENDATIONS FOR
SUSTAINABLE FUNDING OPTIONS FOR THE GROWTH AND STABILITY OF THE PTSOA
ACCOUNT. SUCH REPORT SHALL BE DELIVERED BY SUCH DATE TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS
A. 6008 45
AND MEANS COMMITTEE, THE CHAIR OF THE SENATE TRANSPORTATION COMMITTEE,
THE CHAIR OF THE ASSEMBLY TRANSPORTATION COMMITTEE AND THE CHAIR OF THE
ASSEMBLY CORPORATIONS, AUTHORITIES AND COMMISSIONS COMMITTEE.
S 74-B. ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
THIS ARTICLE, THE BOARD MAY REQUEST AND SHALL RECEIVE FROM ANY DEPART-
MENT, DIVISION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE
OR ANY STATE PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION AND DATA AS
WILL ENABLE THE BOARD PROPERLY TO CONDUCT ITS STUDY AND MAKE ITS RECOM-
MENDATIONS.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed on the one hundred twentieth day after the temporary
advisory board on upstate transit funding has submitted its completed
report as required by section one of this act, provided that the commis-
sioner of transportation of the state of New York shall notify the
legislative bill drafting commission upon the occurrence of the
submission of the completed report as required by section one of this
act in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law.
PART EE
Section 1. Section 363 of the public authorities law, as amended by
chapter 766 of the laws of 1992, is amended to read as follows:
S 363. Annual [report] REPORTS AND SPENDING PLAN. 1. The authority
shall submit to the governor, to the legislature, to the comptroller and
to the director of the budget on or before the first day of February of
each year a detailed report setting forth its operations and fiscal
transactions during the preceding calendar year with a statement of its
financial condition as of the end of such year and a statement of all
receipts and expenditures during such year. Such report shall include
detailed information relating to additional expenditures incurred by the
authority as a result of the amendments made to subdivision four of
section three hundred fifty-nine of this [chapter] TITLE pursuant to
[the] chapter SEVEN HUNDRED SIXTY-SIX of the laws of nineteen hundred
ninety-two [which enacted this sentence].
2. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, NO FUNDING
FROM THE NEW YORK STATE SPECIAL INFRASTRUCTURE ACCOUNT SHALL BE RELEASED
TO THE NEW YORK STATE THRUWAY AUTHORITY UNLESS:
(I) A SPENDING PLAN IS SUBMITTED TO THE DIRECTOR OF THE BUDGET, THE
CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE. SUCH A PLAN SHALL INCLUDE:
(1) AN EXPENDITURE PLAN FOR ALL FUNDS BEING APPROPRIATED TO THE NEW
YORK STATE THRUWAY AUTHORITY FROM THE NEW YORK STATE SPECIAL INFRASTRUC-
TURE ACCOUNT WHICH SHALL, AT A MINIMUM, PROVIDE A DETAILED DESCRIPTION
OF THE PROJECTS THAT WILL BE FUNDED INCLUDING, FOR EACH SUCH PROJECT: A
DESCRIPTION OF THE WORK TO BE COMPLETED; A PROJECT IDENTIFICATION
NUMBER; THE LOCATION OF THE PROJECT; THE ENGINEERING, ADMINISTRATION AND
CONSTRUCTION COSTS OF THE PROJECT; THE AMOUNT OF FUNDING TO BE RECEIVED
BY THE PROJECT FROM THE SPECIAL INFRASTRUCTURE ACCOUNT; THE ESTIMATED
TOTAL COST OF THE PROJECT; AND THE ESTIMATED START AND COMPLETION DATES
OF THE PROJECT; AND
(2) A FINANCING REPORT FOR THE NEW NY BRIDGE INCLUDING THE SOURCES OF
FUNDING AS WELL AS THE SOURCES OF REVENUE TO BE USED TO MAKE DEBT
SERVICE PAYMENTS FOR SUCH BRIDGE. FOR THE PURPOSES OF THIS SECTION, THE
A. 6008 46
TERM "NEW NY BRIDGE" SHALL MEAN THE BRIDGE THAT, WHEN COMPLETED, WILL
CARRY THE THRUWAY OVER THE HUDSON RIVER BETWEEN WESTCHESTER AND ROCKLAND
COUNTIES AND REPLACE THE BRIDGE KNOWN AS "THE GOVERNOR MALCOLM WILSON
TAPPAN ZEE BRIDGE" AS DEFINED BY SECTION THREE HUNDRED FIFTY-SIX OF THIS
TITLE; AND
(II) NONE OF THE FOLLOWING HAS NOTIFIED THE AUTHORITY IN WRITING OF
THEIR DISAPPROVAL WITHIN A FIFTEEN DAY PERIOD AFTER RECEIVING THE SPEND-
ING PLAN REQUIRED BY SUBDIVISION (A) OF THIS SECTION: THE DIRECTOR OF
THE BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE, OR THE CHAIR OF
THE ASSEMBLY WAYS AND MEANS COMMITTEE.
(B) IF THE PLAN REQUIRED PURSUANT TO SUBDIVISION (A) OF THIS SECTION
IS NOT APPROVED, THE AUTHORITY MAY THEREAFTER REFORMULATE AND RESUBMIT
SUCH PLAN AT ANY TIME. FOLLOWING SUCH RESUBMISSION, NO FUNDING SHALL BE
RELEASED FROM THE NEW YORK STATE SPECIAL INFRASTRUCTURE ACCOUNT TO THE
NEW YORK STATE THRUWAY AUTHORITY UNLESS NONE OF THE FOLLOWING HAS NOTI-
FIED THE AUTHORITY IN WRITING OF THEIR DISAPPROVAL OF THE RESUBMITTED
PLAN WITHIN A FIFTEEN DAY PERIOD: THE DIRECTOR OF THE BUDGET, THE CHAIR
OF THE SENATE FINANCE COMMITTEE, OR THE CHAIR OF THE ASSEMBLY WAYS AND
MEANS COMMITTEE.
(C) IN ADDITION, THE AUTHORITY SHALL ANNUALLY PROVIDE, ON OR BEFORE
APRIL FIFTEENTH OF EACH YEAR, A REPORT DETAILING THE AMOUNT OF NEW YORK
STATE SPECIAL INFRASTRUCTURE ACCOUNT FUNDING USED FOR EACH PROJECT
DETAILED IN THE SPENDING PLAN IN THE PREVIOUS CALENDAR YEAR, THE TOTAL
AMOUNT OF NEW YORK STATE SPECIAL INFRASTRUCTURE ACCOUNT FUNDING SPENT ON
EACH PROJECT UP TO THE END OF THE PREVIOUS CALENDAR YEAR, AND THE STATUS
OF EACH PROJECT IN THE PLAN, INCLUDING ANY CHANGES IN TOTAL COST ESTI-
MATES AND START AND COMPLETION DATES.
S 2. This act shall take effect immediately.
PART FF
Section 1. Legislative intent and findings. The Legislature hereby
finds that there are significant environmental and public health costs
associated with the burning of number six and number four heating oil in
buildings throughout the City of New York. These costs are borne by all
New Yorkers through the need to comply with federal air regulations and
public health programs to treat respiratory illnesses, including asthma.
In 2010, the City of New York passed Local Law 43, requiring that build-
ings cease burning number six heating oil by 2015 and transition to
number 2 heating oil, gas, steam or a cleaner alternative by 2030. As of
2014, there were more than 4,000 buildings citywide burning number six
heating oil or number four heating oil. The Legislature finds that a
steady source of funding will help to accelerate conversions throughout
the city and improve air quality.
S 2. The public authorities law is amended by adding a new section
1899-b to read as follows:
S 1899-B. MULTI-FAMILY EMISSIONS REDUCTION PROGRAM. 1. DEFINITIONS.
AS USED IN THIS ACT, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
(A) "APPLICANT" MEANS A PERSON WHO OWNS A MULTI-FAMILY STRUCTURE AND
WHO HAS THE AUTHORITY TO CONTRACT FOR FINANCING FOR AN ELIGIBLE PROJECT
UNDER THIS SECTION.
(B) "AUTHORITY" SHALL MEAN THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY.
(C) "DISTRIBUTION UTILITY" MEANS CONSOLIDATED EDISON OR NIAGARA MOHAWK
D/B/A NATIONAL GRID.
A. 6008 47
(D) "DISTRICT ENERGY SYSTEM" SHALL MEAN FACILITIES FURNISHED,
INSTALLED AND MAINTAINED BY A DISTRICT ENERGY CUSTOMER REQUIRED FOR THE
UTILIZATION OF DISTRICT SERVICE INCLUDING, BUT NOT LIMITED TO, SERVICE
STOP VALVES, METER STOP VALVES, PRIMARY AND SECONDARY SERVICE PRESSURE
REDUCING VALVES, METER SUPPORTS AND ALL PIPING BETWEEN THE POINT OF
SERVICE TERMINATION AND THE CUSTOMER'S UTILIZATION EQUIPMENT, AND ANY
OTHER IMPROVEMENT TO A HEATING SYSTEM THAT SATISFIES THE CRITERIA SET
FORTH IN THIS SECTION.
(E) "ELIGIBLE PROJECT" SHALL MEAN A HEATING SYSTEM CONVERSION TO BE
PERFORMED IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE AUTHORITY FOR
THE MULTI-FAMILY EMISSIONS REDUCTION PROGRAM PURSUANT TO THIS SECTION.
(F) "MULTI-FAMILY STRUCTURE" OR "STRUCTURE" SHALL MEAN A RESIDENTIAL
BUILDING WITH FIVE OR MORE UNITS LOCATED WITHIN THE CITY OF NEW YORK.
(G) "MULTI-FAMILY EMISSIONS REDUCTION PROGRAM" OR "PROGRAM" SHALL MEAN
A PROGRAM ADMINISTERED BY THE AUTHORITY TO PROVIDE LOW-INTEREST LOANS TO
OWNERS OF MULTI-FAMILY STRUCTURES WITH LESS EFFICIENT HEATING SYSTEMS
FOR THE COMPLETION OF ELIGIBLE PROJECTS.
(H) "LESS EFFICIENT HEATING SYSTEM" SHALL MEAN A SYSTEM THAT GENERATES
HEAT, HOT AIR, HOT WATER OR STEAM BY THE COMBUSTION OF NUMBER SIX HEAT-
ING OIL OR NUMBER FOUR HEATING OIL AND DISTRIBUTES SUCH HEAT WITHIN A
MULTI-FAMILY STRUCTURE.
(I) "HEATING SYSTEM CONVERSION" SHALL MEAN A CONVERSION OF A LESS
EFFICIENT HEATING SYSTEM TO A HEATING SYSTEM UTILIZING NUMBER TWO FUEL
OIL, GAS OR TO A DISTRICT ENERGY SYSTEM THAT MEETS THE REQUIREMENTS OF
LOCAL LAW 43 OF 2010. A HEATING SYSTEM CONVERSION, WHETHER COMPLETED
UNDER THE PROGRAM OR OTHERWISE, SHALL NOT BE CONSIDERED A MAJOR CAPITAL
IMPROVEMENT PURSUANT TO SUBPARAGRAPH (G) OF PARAGRAPH ONE OF SUBDIVISION
G OF SECTION 26-405 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,
SUBPARAGRAPH (K) OF PARAGRAPH ONE OF SUBDIVISION G OF SECTION 26-405 OF
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, PARAGRAPH SIX OF SUBDI-
VISION C OF SECTION 26-511 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK, PARAGRAPH THREE OF SUBDIVISION D OF SECTION SIX OF SECTION FOUR OF
CHAPTER FIVE HUNDRED SEVENTY-SIX OF THE LAWS OF NINETEEN HUNDRED SEVEN-
TY-FOUR, AND THE SECOND UNDESIGNATED PARAGRAPH OF PARAGRAPH (A) OF
SUBDIVISION FOUR OF SECTION FOUR OF CHAPTER TWO HUNDRED SEVENTY-FOUR OF
THE LAWS OF NINETEEN HUNDRED FORTY-SIX.
2. PROGRAM IMPLEMENTATION. IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF
THIS SECTION, THE AUTHORITY SHALL ESTABLISH A MULTI-FAMILY EMISSIONS
REDUCTION PROGRAM. THE PROGRAM SHALL INCLUDE:
(A) A REVOLVING LOAN FUND TO PROVIDE INTEREST-FREE LOANS, PAID TO
QUALIFIED APPLICANTS, TO OFFSET THE COSTS OF AN ELIGIBLE PROJECT.
(B) A TIERED PREFERENCE SYSTEM TO PRIORITIZE THE ISSUANCE OF LOANS TO
APPLICANTS WHO OWN A MULTI-FAMILY STRUCTURE WITH A LESS EFFICIENT HEAT-
ING SYSTEM WHICH (I) HAS THE POTENTIAL TO EMIT THE HIGHEST LEVELS OF
SULFUR DIOXIDE, NITROGEN OXIDE, PARTICULATE MATTER THAT IS TWO AND ONE-
HALF MICRONS IN WIDTH (COMMONLY REFERRED TO AS PM 2.5 EMISSIONS) AND
CARBON DIOXIDE AND (II) IS LOCATED IN A LOW INCOME CENSUS TRACT.
(C) SELECTION OF CONTRACTORS BY THE AUTHORITY WHICH WOULD BE RESPONSI-
BLE FOR PERFORMING ELIGIBLE PROJECTS;
(D) OUTREACH TO BUILDING OWNERS WITH LESS EFFICIENT HEATING SYSTEMS;
AND
(E) APPLICATION PROCEDURES.
3. MULTI-FAMILY EMISSIONS REDUCTION REVOLVING LOAN FUND. (A) THERE IS
HEREBY CREATED A MULTI-FAMILY EMISSIONS REDUCTION REVOLVING LOAN FUND.
THE REVOLVING LOAN FUND SHALL CONSIST OF:
A. 6008 48
(I) ALL MONIES MADE AVAILABLE, AT A MINIMUM OF FIFTEEN MILLION DOLLARS
OF AUTHORITY RESOURCES, FOR THE PURPOSE OF THE REVOLVING LOAN FUND
PURSUANT TO THIS SECTION;
(II) PAYMENTS OF PRINCIPAL, INCLUDING ANY LATE PAYMENT CHARGES, MADE
PURSUANT TO LOAN OR FINANCING AGREEMENTS ENTERED INTO WITH THE AUTHORITY
OR ITS DESIGNEE PURSUANT TO THIS SECTION;
(III) ANY INTEREST EARNED BY THE INVESTMENT OF MONIES IN THE REVOLVING
LOAN FUND.
(B) THE AUTHORITY SHALL NOT COMMINGLE REVOLVING LOAN FUND MONIES OR
EXPEND SUCH MONIES, EXCEPT IN ACCORDANCE WITH THE REQUIREMENTS OF THIS
SECTION.
(C) THE REVOLVING LOAN FUND SHALL BE MAINTAINED TO PROVIDE LOANS TO
FINANCE THE COST OF ELIGIBLE PROJECTS FOR MULTI-FAMILY STRUCTURES WITH
LESS EFFICIENT HEATING SYSTEMS.
(D) LOANS MADE BY THE AUTHORITY PURSUANT TO THIS SECTION SHALL BE
SUBJECT TO THE FOLLOWING LIMITATIONS:
(I) LOANS SHALL NOT EXCEED ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS
OR EIGHTY PERCENT OF THE COSTS OF AN ELIGIBLE PROJECT, WHICHEVER IS THE
LESSER;
(II) NO FEES OR PENALTIES SHALL BE CHARGED OR COLLECTED FOR PREPAYMENT
OF ANY SUCH LOAN; AND
(III) ALL LOANS SHALL BE INTEREST-FREE.
(E) PAYMENT SHALL BE MADE TO ELIGIBLE APPLICANTS UPON CERTIFICATION BY
THE AUTHORITY THAT COMPLETION OF THE HEATING SYSTEM CONVERSION MEETS THE
REQUIREMENTS OF THIS SECTION.
4. TIERED PREFERENCE SYSTEM. (A) IMMEDIATELY FOLLOWING THE EFFECTIVE
DATE OF THIS ACT, THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL
PROTECTION ("DEPARTMENT OF ENVIRONMENTAL PROTECTION") SHALL PRODUCE A
COMPREHENSIVE DATABASE OF MULTI-FAMILY STRUCTURES WHICH AS OF THE EFFEC-
TIVE DATE OF THIS SECTION OPERATE LESS EFFICIENT HEATING SYSTEMS. THE
DATABASE SHALL INCLUDE: (I) MULTI-FAMILY STRUCTURE ADDRESS, (II) OWNER
ADDRESS; (III) THE TYPE; (IV) CAPACITY; AND INFORMATION CONCERNING THE
EMISSION CAPABILITY OF EACH LESS EFFICIENT HEATING SYSTEM; AND (V) ANY
OTHER INFORMATION DEEMED NECESSARY BY THE AUTHORITY.
(B) THE DEPARTMENT OF ENVIRONMENTAL PROTECTION SHALL SUBMIT THIS LIST
TO AND COORDINATE WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION TO ASSIGN EACH LESS EFFICIENT HEATING SYSTEM A RATING BASED
ON ITS POTENTIAL TO EMIT THE FOLLOWING: (I) PM 2.5; (II) SULFUR DIOXIDE;
(III) NITROGEN OXIDE AND (IV) CARBON DIOXIDE.
(C) AFTER COMPLETION OF THE RATING SYSTEM REQUIRED PURSUANT TO THIS
PARAGRAPH, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND DEPARTMENT OF
ENVIRONMENTAL CONSERVATION SHALL SUBMIT THEIR EMISSION RATING DATA
COLLECTED TO THE AUTHORITY NO LATER THAN NINETY DAYS FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION.
(D) THE AUTHORITY SHALL OVERLAY THE EMISSION RATING DATA COLLECTED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION WITH THE MOST RECENT DATA
PROVIDED BY THE UNITED STATES BUREAU OF CENSUS' AMERICAN COMMUNITY
SURVEY INDICATING MEDIAN HOUSEHOLD INCOME BY CENSUS TRACT.
(E) THE TIERED PREFERENCE SYSTEM CREATED UNDER THIS SUBDIVISION SHALL
RANK HEATING SYSTEM CONVERSIONS IN THE FOLLOWING MANNER: FROM HIGHEST TO
LOWEST BASED ON EMISSION RATING DATA, PROVIDED THAT, IF THERE ARE TWO OR
MORE STRUCTURES WITH IDENTICAL POTENTIAL EMISSION RATINGS, THE STRUCTURE
OR STRUCTURES LOCATED IN THE CENSUS TRACTS WITH THE LOWEST MEDIAN HOUSE-
HOLD INCOME SHALL BE RANKED HIGHER.
(F) THE AUTHORITY SHALL UPDATE ITS DATABASE ON AN ANNUAL BASIS AS TO
REFLECT COMPLETED ELIGIBLE PROJECTS.
A. 6008 49
5. SELECTION OF CONTRACTORS. (A) IMMEDIATELY FOLLOWING THE EFFECTIVE
DATE OF THIS SECTION, THE AUTHORITY SHALL ISSUE A PROGRAM OPPORTUNITY
NOTICE TO SELECT ELIGIBLE CONTRACTORS TO PERFORM HEATING SYSTEM CONVER-
SIONS IN THE MULTI-FAMILY REDUCTION PROGRAM.
(B) THE AUTHORITY SHALL ESTABLISH GUIDELINES FOR THE SELECTION OF
ELIGIBLE CONTRACTORS REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
SION, PROVIDED THAT (I) THE AUTHORITY SHALL REQUIRE CONTRACTORS TO HAVE
A RECORD OF MAINTAINING HARMONIOUS LABOR RELATIONS AND A COMMITMENT TO
WORKING WITH MINORITY- AND WOMEN-OWNED BUSINESSES THROUGH JOINT VENTURES
OR SUBCONTRACTOR RELATIONSHIPS; (II) THE AUTHORITY SHALL REQUIRE
CONTRACTORS TO HAVE EXISTING APPRENTICESHIP AGREEMENTS APPROPRIATE FOR
THE TYPE AND SCOPE OF WORK TO BE PERFORMED THAT HAVE BEEN REGISTERED
WITH AND APPROVED BY THE COMMISSIONER OF THE DEPARTMENT OF LABOR, AND
THAT HAVE BEEN IN SUCCESSFUL OPERATION FOR A PERIOD OF NOT LESS THAN
THREE YEARS; (III) THE AUTHORITY SHALL ESTABLISH A PRICE RANGE FOR THE
HEATING SYSTEM CONVERSIONS TO BE PUBLISHED IN THE PROGRAM OPPORTUNITY
NOTICE; AND (IV) CONTRACTORS MUST AGREE TO CHARGE BUILDING OWNERS A
PRICE WITHIN SUCH RANGE FOR HEATING SYSTEM CONVERSIONS.
(C) THE AUTHORITY SHALL SELECT A MINIMUM OF THIRTY CONTRACTORS TO
PERFORM ELIGIBLE CONVERSIONS, PROVIDED THAT (I) NO LESS THAN FIVE
CONTRACTORS SHALL BE QUALIFIED TO PERFORM CONVERSIONS TO DISTRICT ENERGY
SYSTEMS AND (II) NO LESS THAN FIVE CONTRACTORS SHALL BE QUALIFIED TO
PERFORM CONVERSIONS TO GAS.
(D) NO LATER THAN NINETY DAYS IMMEDIATELY FOLLOWING ISSUANCE OF THE
PROGRAM OPPORTUNITY NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, THE AUTHORITY SHALL FINALIZE ITS SELECTION OF CONTRACTORS,
PROVIDED THAT, IF AFTER FINALIZATION, A CONTRACTOR DEEMED ELIGIBLE TO
PERFORM WORK UNDER THE MULTI-FAMILY PROGRAM SHALL OPT OUT OF THE
PROGRAM, THE AUTHORITY SHALL SELECT FROM AMONG THE RESPONSES A CONTRAC-
TOR IT DEEMS COMPETENT TO PERFORM THE WORK REQUIRED UNDER THIS SECTION.
(E) THE AUTHORITY SHALL MAINTAIN ON ITS WEBSITE THE LIST OF ITS ELIGI-
BLE CONTRACTORS UNDER THE MULTI-FAMILY EMISSIONS REDUCTION PROGRAM. SUCH
LIST SHALL INCLUDE THE NAME, ADDRESS AND CONTACT INFORMATION FOR EACH
CONTRACTOR'S BUSINESS.
6. PROGRAM RULES. IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS
SECTION, THE AUTHORITY SHALL DEVELOP MULTI-FAMILY EMISSIONS REDUCTION
PROGRAM GUIDELINES, WHICH SHALL INCLUDE:
(A) A STANDARDIZED JOINT APPLICATION TO BE COMPLETED BY OWNERS OF
MULTI-FAMILY STRUCTURES WITH LESS EFFICIENT HEATING SYSTEMS AND ELIGIBLE
CONTRACTORS WHICH SHALL REQUIRE: (I) A DESCRIPTION OF THE PROPOSED HEAT-
ING SYSTEM CONVERSION AGREED UPON BETWEEN THE OWNER OF A MULTI-FAMILY
STRUCTURE WITH A LESS EFFICIENT HEATING SYSTEM AND THE ELIGIBLE CONTRAC-
TOR; (II) A PLAN FOR THE DECOMMISSIONING OF THE LESS EFFICIENT HEATING
SYSTEM; (III) SUBMISSION OF ANY FINANCIAL AGREEMENT BETWEEN THE OWNER OF
THE MULTI-FAMILY STRUCTURE WITH THE LESS EFFICIENT HEATING SYSTEM AND
THE ELIGIBLE CONTRACTOR; (IV) IN THE CASE OF A CONVERSION TO NATURAL GAS
OR A DISTRICT ENERGY SYSTEM, VERIFICATION BY THE DISTRIBUTION UTILITY
WHICH WOULD FURNISH GAS OR STEAM TO SUCH STRUCTURE, THAT SUCH DISTRIB-
UTION UTILITY WILL ACCOMMODATE THE CONVERSION; AND (V) ANY OTHER INFOR-
MATION THE AUTHORITY SHALL DEEM NECESSARY FOR DETERMINING POTENTIAL
ELIGIBLE PROJECTS;
(B) SELECTION CRITERIA WHICH SHALL PRIORITIZE THE AWARD OF LOANS TO
OWNERS OF MULTI-FAMILY STRUCTURES WITH LESS EFFICIENT HEATING SYSTEMS
WHO HAVE SUBMITTED COMPLETED APPLICATIONS, PROVIDED THAT SUCH CRITERIA
SHALL PRIORITIZE PROJECTS IN CONFORMITY WITH THE TIERED PREFERENCE
SYSTEM DESCRIBED IN PARAGRAPH (E) OF SUBDIVISION FOUR OF THIS SECTION;
A. 6008 50
(C) CRITERIA FOR CERTIFYING WORK WHICH MAY PROVIDE FOR POST-INSTALLA-
TION SITE VISITS BY AUTHORITY PERSONNEL TO VERIFY THAT A HEATING SYSTEM
CONVERSION MEETS STANDARDS ESTABLISHED UNDER THIS ACT;
(D) A STANDARDIZED PROCEDURE FOR AWARDING LOANS FOR ELIGIBLE PROJECTS,
PROVIDED THAT LOANS AWARDED THROUGH THE MULTI-FAMILY EMISSIONS REDUCTION
PROGRAM SHALL SUPPLEMENT AND NOT SUPPLANT TARIFF FUNDS COMMITTED TO GAS
CONVERSION PROJECTS BY A DISTRIBUTION UTILITY.
7. OUTREACH. (A) IMMEDIATELY FOLLOWING THE SELECTION OF CONTRACTORS
PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, THE AUTHORITY SHALL
COMMENCE OUTREACH TO OWNERS OF MULTI-FAMILY STRUCTURES WITH LESS EFFI-
CIENT HEATING SYSTEMS AS DEFINED IN SUBDIVISION TWO OF THIS SECTION;
(B) IN FULFILLING THE REQUIREMENTS PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, THE AUTHORITY SHALL MAIL TO EACH OWNER OF A MULTI-FAMILY
STRUCTURE WITH A LESS EFFICIENT HEATING SYSTEM A WRITTEN COMMUNICATION,
DETAILING THE MULTI-FAMILY EMISSIONS REDUCTION PROGRAM AND THE PROCESS
FOR APPLYING FOR FINANCIAL ASSISTANCE UNDER SUCH PROGRAM;
(C) THE COMMUNICATION REQUIRED PURSUANT TO PARAGRAPH (B) OF THIS
SUBDIVISION SHALL INCLUDE: (I) DIRECTIONS FOR OBTAINING A PROGRAM APPLI-
CATION; (II) A DESCRIPTION OF HEATING SYSTEM CONVERSIONS THAT COULD
QUALIFY AS AN ELIGIBLE PROJECT; (III) THE WEBSITE ADDRESS LISTING ELIGI-
BLE CONTRACTORS REQUIRED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION FIVE
OF THIS ACT; (IV) ALL RELEVANT APPLICATION DEADLINES NECESSARY TO ENSURE
TIMELY CONSIDERATION OF HEATING SYSTEM CONVERSIONS AS ELIGIBLE PROJECTS;
AND (V) ANY OTHER INFORMATION DEEMED NECESSARY BY THE AUTHORITY.
8. AWARD SOLICITATIONS. (A) THE AUTHORITY SHALL ESTABLISH AN ANNUAL
DEADLINE FOR APPLICATIONS FOR LOANS UNDER THE MULTI-FAMILY EMISSIONS
REDUCTION PROGRAM.
(B) NO LATER THAN NINETY DAYS FOLLOWING THE CLOSING OF THE ANNUAL
DEADLINE PROVIDED FOR PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE
AUTHORITY SHALL CONTACT OWNERS OF MULTI-FAMILY STRUCTURES WITH LESS
EFFICIENT HEATING SYSTEMS AND THE RESPECTIVE CONTRACTOR WHO HAVE SUBMIT-
TED A COMPLETED APPLICATION WHICH IS DETERMINED BY THE AUTHORITY TO BE
AN ELIGIBLE PROJECT TO INFORM THE PARTIES THAT THE HEATING SYSTEM
CONVERSION CAN COMMENCE.
S 3. Report required. No later than December 31, 2016 and annually
thereafter, the authority shall submit a report to the governor, the
temporary president of the senate, the speaker of the assembly, the
chair of the senate committee on energy and telecommunications and the
chair of the assembly committee on energy describing the status of the
multi-family emissions reduction program. Such report shall include: (i)
the number of applicants in the previous year; (ii) the total amount of
loans issued for eligible projects; (iii) the amount of money expended
under the program; (iv) the number of less efficient boilers remaining;
and (v) the balance of the revolving loan fund.
S 4. This act shall take effect immediately.
PART GG
Section 1. 1. No later than six months after the effective date of
this act, the New York state energy research and development authority
("NYSERDA") shall develop standards and/or criteria that will encourage
and increase participation of and issuance of loans to low-to-moderate
income households statewide for qualified energy efficiency services
under the green jobs - green New York program. For purposes of this
section, "low-to-moderate income households" shall be defined as house-
A. 6008 51
holds with an income less than or equal to eighty percent of the area
median income.
2. Immediately following the effective date of this act, NYSERDA shall
create a working group to develop standards required pursuant to subdi-
vision one of this section. NYSERDA shall consult with and solicit
information and recommendations from such working group as to how to
increase financing eligibility for low-to-moderate income households
seeking qualified energy efficiency services, including, but not limited
to, services described in paragraph (n) of subdivision 12 of section
1891 of the public authorities law. NYSERDA shall report the results of
such consultations and solicitations to the governor, the senate majori-
ty leader and the speaker of the assembly no later than six months
following the effective date of this act.
3. The working group established pursuant to subdivision two of this
section shall include, but not be limited to constituency-based organ-
izations, as such term is defined in subdivision 3 of section 1891 of
the public authorities law and organizations advocating for the inter-
ests of low-to-moderate income residents.
4. NYSERDA shall continue the green jobs - green New York program as
it existed prior to January 1, 2015 while and until the requirements of
the provisions of subdivisions 1 and 2 of this section have been satis-
fied.
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 GG of this act shall be
as specifically set forth in the last section of such Parts.
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