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 10, 2015 |
referred to finance |
Enacts provisions relating to transportation, environmental conservation and economic development; relates to the highway and bridge trust fund and the dedicated mass transportation trust fund (Part A); relates to the infrastructure authority application fee and authorizes DOT to charge safety inspection fees (Part C); includes Ontario county transit system within the Rochester-Genesee Regional Transportation Authority District (Part D)
S T A T E O F N E W Y O R K
________________________________________________________________________
4208
2015-2016 Regular Sessions
I N S E N A T E
March 9, 2015
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
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 the effectiveness thereof (Part A); intentionally omit-
ted (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 includ-
ing Ontario county to the Rochester-Genesee Regional Transportation
District (Part D); to amend the state finance law, in relation to
establishing the transit assistance for capital investments fund (Part
E); authorizing the department of transportation to defer reductions
in service payments for two years (Part F); to amend the public
authorities law, in relation to the sharing of employees, services and
resources by the department of transportation and municipal corpo-
rations with the New York state thruway authority; to amend the public
authorities law and the highway law, in relation to indemnification
and defense under shared services agreements; and to amend the public
officers law, in relation to state indemnification of officers and
employees of the New York state thruway authority (Part G); to amend
the vehicle and traffic law, in relation to overweight permits (Part
H); to amend the vehicle and traffic law, the criminal procedure law
and the transportation law, in relation to the issuance of commercial
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); to amend the public authorities
law, in relation to procurements by the New York city transit authori-
ty and the metropolitan transportation authority (Part L); to amend
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD20017-01-5
S. 4208 2
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, relat-
ing 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 develop-
ment authority to make a payment to the general fund of up to $913,000
(Part O); intentionally omitted (Part P); intentionally omitted (Part
Q); to authorize the department of health to finance certain activ-
ities with revenues generated from an assessment on cable television
companies (Part R); to amend chapter 58 of the laws of 2012 amending
the public authorities law relating to authorizing the dormitory
authority to enter into certain design and construction management
agreements, in relation to extending certain authority of the dormito-
ry authority of the state of New York (Part S); to amend chapter 21 of
the laws of 2003, amending the executive law relating to permitting
the secretary of state to provide special handling for all documents
filed or issued by the division of corporations and to permit addi-
tional 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 informa-
tion vendor license (Part U); to amend the agriculture and markets
law, in relation to eliminating certain license fees (Part V); inten-
tionally omitted (Part W); intentionally omitted (Part X); inten-
tionally omitted (Part Y); to amend the environmental conservation
law, in relation to eliminating the registration fee for water well
driller certification (Part Z); to amend the state finance law and the
environmental conservation law, in relation to establishing a habitat
conservation and access account; and to repeal certain provisions of
the state finance law relating thereto (Part AA); to amend the local
finance law, in relation to establishing a ten year period of probable
usefulness for municipally owned omnibus or surface transit motor
vehicles (Part BB); to amend the vehicle and traffic law, in relation
to directing the city of Buffalo to adjudicate traffic infractions;
and in relation to certain penalties and forfeited security collected
by the city of Buffalo and granting a traffic violations agency
certain powers; to amend the general municipal law, in relation to
establishing the Buffalo traffic violations agency; to amend the state
finance law, in relation to the justice court fund; to amend the crim-
inal procedure law, in relation to a trial by judicial hearing offi-
cer; and requires the executive director of the Buffalo traffic
violations agency to annually issue a report on the progress, develop-
ment and operations of such agency (Part CC); to amend the vehicle and
traffic law, in relation to the definition of an all terrain vehicle
or "ATV" (Part DD); to amend the executive law, in relation to allow-
ing soil and water conservation districts, acting in cooperation with
a local government, to be eligible applicants for the local waterfront
revitalization grant program (Part EE); to amend the labor law, in
relation to the project notification fee imposed for asbestos removal
(Part FF); to amend the labor law, in relation to exempting contrac-
tors employed by municipalities from payment of asbestos project
notification fees for demolitions (Part GG); to amend the tax law, in
relation to providing an asbestos remediation tax credit (Part HH); to
amend the soil and water conservation districts law, in relation to
establishing a drain tile revolving loan program (Part II); to amend
S. 4208 3
the soil and water conservation districts law, in relation to desig-
nating rent, building expenses and utilities as expenses which are
reimbursable by the state (Part JJ); to amend the environmental
conservation law, in relation to the use of ultra low sulfur diesel
fuel and best available technology by the state (Part KK); to amend
the public authorities law, in relation to providing toll exemptions
for farmers transporting their goods to the city of New York (Part
LL); to amend the agriculture and markets law, in relation to the
beginning farmer revolving loan fund program (Part MM); to amend the
agriculture and markets law and the public lands law, in relation to
access to viable agricultural land for new and beginning farmers (Part
NN); to amend the education law, in relation to establishing a young
farmer apprentice program (Part OO); to amend the state finance law,
in relation to establishing the bridge and road investment and dedi-
cated fund guaranteed enforcement "BRIDGE" reform act (Part PP); to
amend part D of chapter 58 of the laws of 2013, amending the vehicle
and traffic law, relating to the hours of operation of the department
of motor vehicles, in relation to the effectiveness thereof (Part QQ);
to amend the public authorities law, in relation to payments of grants
to farm operations by NYSERDA (Part RR); to amend the state finance
law, in relation to a three phase power revolving loan program (Part
SS); to amend the public service law and the public authorities law,
in relation to establishing a fuel cell incentive program (Part TT);
to amend the public service law, in relation to limiting increases in
the amount of surcharges established by the public service commission
(Part UU); to amend the public service law, the public buildings law,
the real property tax law and the public authorities law, in relation
to expansion of natural gas service (Part VV); to require the public
service commission and the New York state energy research and develop-
ment authority to ensure Green Bank funds are available to fund
programs assisting building owners with installing energy efficient
improvements (Part WW); to amend the public service law, in relation
to jurisdiction, powers and duties of the public service commission;
in relation to the renewal or amendment of franchises; to amend
section 2 of part R of chapter 57 of the laws of 2014 amending the
public service law relating to transfers of cable franchises, in
relation to making certain provisions permanent; and repealing certain
provisions of such law relating thereto (Part XX); to amend the public
service law, in relation to establishing a natural gas safety and
infrastructure replacement program; and to amend the state finance
law, in relation to establishing a natural gas safety and infrastruc-
ture replacement fund (Part YY); to amend the environmental conserva-
tion law, in relation to pesticide applicator certifications (Part
ZZ); to amend the vehicle and traffic law, in relation to providing
for a discount on driver's license renewal fees for senior citizens
(Part AAA); to amend the agriculture and markets law, in relation to
the creation of a "Grown in New York" program campaign to increase
awareness and consumption of locally grown and produced foods and
related products and to increase the production and improve the
distribution of foods and related products for local consumption (Part
BBB); to amend the waterfront commission act, in relation to cargo
facility charges by the Port Authority of New York and New Jersey
(Part CCC); to amend the vehicle and traffic law, in relation to owner
liability and maximum speed limits; and to repeal sections 1, 1-a,
1-b, 1-c, 1-d, 2, 3, 3-a, 3-b, 3-c, 3-d, 4, 4-a, 4-b, 4-c, 5, 7, 8, 9
and 10 of chapter 43 of the laws of 2014 amending the vehicle and
S. 4208 4
traffic law and other laws relating to establishing in the counties of
Nassau and Suffolk a demonstration program implementing speed
violation monitoring systems in school speed zones by means of photo
devices relating thereto (Part DDD); to amend the public authorities
law, in relation to toll discount programs (Part EEE); to amend the
transportation law, in relation to the interagency coordinating
committee on rural public transportation (Part FFF); to amend the
state finance law, in relation to the mass transportation operating
assistance fund (Part GGG); to amend the public authorities law, in
relation to a clean energy rural development program (Part HHH); and
to amend the economic development law, in relation to establishing the
empire public works program; and to amend the state finance law, in
relation to establishing the empire public works revolving loan fund
(Part III)
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 III. The effective date for each partic-
ular provision contained within such Part is set forth in the last
section of such Part. Any provision in any section contained within a
Part, including the effective date of the Part, which makes a reference
to a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.
PART A
Section 1. Section 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] 2021; provided [further,] however, that the amendments to subdi-
vision 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] 2021.
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] 2021.
S. 4208 5
S 3. This act shall take effect immediately.
PART B
Intentionally Omitted
PART C
Section 1. Intentionally omitted.
S 2. Subdivision 1 of section 153 of the transportation law is
REPEALED and subdivisions 2, 3, 4, 5, 6, 7, 8 and 9 are renumbered
subdivisions 1, 2, 3, 4, 5, 6, 7 and 8.
S 2-a. Subdivisions 1, 6 and 7 of section 153 of the transportation
law, as added by chapter 635 of the laws of 1983 and as renumbered by
section two of this act, are amended to read as follows:
1. A temporary certificate of public convenience and necessity to
operate as a common carrier of passengers may be issued by the commis-
sioner after public notice and with or without hearing, except as
provided in [paragraphs six and eight] SUBDIVISIONS FIVE AND SEVEN of
this section, to an applicant upon a finding that the applicant is fit,
willing and able to perform a service for which there is an immediate or
urgent need. Such a temporary certificate of public convenience and
necessity may also be issued on the commissioner's own motion for the
purpose of experiment or demonstration when the commissioner is of the
opinion that such action is required by the public interest.
6. Notwithstanding any other provision of law, on any application for
temporary authority to operate a bus line originating or terminating in
any city, the commissioner shall, in addition to the requirements speci-
fied in subdivision [two] ONE of this section, also consider and evalu-
ate the application and any objections to the application in accordance
with the following criteria:
(a) The adequacy of the existing mass transit and mass transportation
facilities to meet the transportation needs of any particular segment of
the general public for the proposed service; and
(b) The impact that the proposed operation may have on any existing
mass transit or mass transportation facilities.
7. If any application to operate a van service originating or termi-
nating within a city is protested by the governing body of such city, a
bus line operating in said city or a public transportation authority
created pursuant to titles nine, eleven, eleven-A, eleven-B, eleven-C
and eleven-D of article five of the public authorities law whose terri-
tory or district includes said city, and a hearing is requested, such
hearing shall be held. Based on the evidence submitted at such hearing
the commissioner shall, in addition to the requirements specified in
subdivision [two] ONE hereof, consider and evaluate the application and
the objections to the application in accordance with the following
criteria:
(a) The adequacy of the existing mass transit and mass transportation
facilities to meet the transportation needs of any particular segment of
the general public for the proposed service; and
(b) The impact that the proposed operation may have on any existing
mass transit or mass transportation facilities.
S 3. Subdivisions 1 and 6 of section 154 of the transportation law, as
added by chapter 635 of the laws of 1983, are amended to read as
follows:
S. 4208 6
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.
[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. 4208 7
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
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:
S. 4208 8
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].
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
S. 4208 9
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-
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
S. 4208 10
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-
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
S. 4208 11
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-
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.
S. 4208 12
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 $115,826,600 TRANSFERRED IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN --
TWO THOUSAND SIXTEEN FROM THE MASS TRANSPORTATION OPERATING ASSISTANCE
FUND. ANY INTEREST RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT IN
THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND SHALL BE RETAINED IN
AND BECOME A PART OF SUCH FUND.
4. MONEYS IN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND
SHALL, FOLLOWING APPROPRIATION BY THE LEGISLATURE, BE UTILIZED FOR CAPI-
TAL PURPOSES, INCLUDING, BUT NOT LIMITED TO THE PLANNING AND DESIGN,
ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REPLACEMENT, IMPROVEMENT,
RECONDITIONING, REHABILITATION AND PRESERVATION OF MASS TRANSIT FACILI-
TIES, VEHICLES, RELATED EQUIPMENT AND ROLLING STOCK WITH AN AVERAGE
SERVICE LIFE OF NO LESS THAN FIVE YEARS.
5. MONEYS DEPOSITED INTO THE METROPOLITAN TRANSIT ASSISTANCE FOR CAPI-
TAL INVESTMENTS ACCOUNT SHALL BE AVAILABLE TO THE METROPOLITAN TRANSPOR-
TATION AUTHORITY (MTA) AND TO ALL OTHER PUBLIC TRANSPORTATION SYSTEMS
SERVING PRIMARILY WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION
DISTRICT, AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC
AUTHORITIES LAW, ELIGIBLE TO RECEIVE OPERATING ASSISTANCE UNDER THE
PROVISIONS OF SECTION EIGHTEEN-B OF THE TRANSPORTATION LAW CONSISTENT
WITH THE USES OUTLINED IN SUBDIVISION FOUR OF THIS SECTION.
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO CAPITAL ASSISTANCE
PAYMENT AUTHORIZED UNDER THIS SECTION MAY BE APPLIED TO OPERATING
EXPENSES.
7. ALL PAYMENTS OF MONEYS FROM THE TRANSIT ASSISTANCE FOR CAPITAL
INVESTMENTS FUND SHALL BE MADE ON THE AUDIT AND WARRANT OF THE COMP-
TROLLER.
S 2. This act shall take effect immediately.
PART F
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, the commissioner of transportation may approve the deferral of
any required reductions in service payments to unspecified public trans-
portation systems, pursuant to the hold-harmless provision of the State-
wide Mass Transportation Operating Assistance (STOA) program provided in
S. 4208 13
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
Section 1. Section 351 of the public authorities law is amended by
adding a new subdivision 14 to read as follows:
14. THE TERM "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TRANSPORTATION.
S 2. The public authorities law is amended by adding three new
sections 357-b, 357-c and 357-d to read as follows:
S 357-B. SHARING EMPLOYEES, SERVICES AND RESOURCES. A SHARED SERVICES
AGREEMENT MAY BE EXECUTED BETWEEN THE AUTHORITY AND THE DEPARTMENT TO
SHARE EMPLOYEES, SERVICES OR RESOURCES AS DEEMED APPROPRIATE INCLUDING,
BUT NOT LIMITED TO, FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE
DEPARTMENT ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE
AUTHORITY, AND FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE AUTHOR-
ITY ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE DEPART-
MENT. SUCH AGREEMENT OR ANY PROJECT UNDERTAKEN PURSUANT TO SUCH AGREE-
MENT SHALL NOT BE DEEMED TO IMPAIR THE RIGHTS OF BONDHOLDERS AND MAY
PROVIDE FOR, BUT NOT BE LIMITED TO, THE MANAGEMENT, SUPERVISION AND
DIRECTION OF SUCH EMPLOYEES' PERFORMANCE OF SUCH SERVICES.
S 357-C. SHARING EMPLOYEES, SERVICES AND RESOURCES WITH MUNICIPAL
CORPORATIONS. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRA-
RY, THE DEPARTMENT OR THE AUTHORITY MAY ENTER INTO A SHARED SERVICES
AGREEMENT WITH THE BOARD OF ANY MUNICIPAL CORPORATION AS DEFINED IN
SECTION TWO OF THE GENERAL MUNICIPAL LAW TO SHARE EMPLOYEES, SERVICES OR
RESOURCES AS DEEMED APPROPRIATE FOR THE PURPOSE OF PROVIDING ASSISTANCE
TO MOTORISTS DURING A DISASTER OR EMERGENCY.
S 357-D. INDEMNIFICATION AND DEFENSE UNDER SHARED SERVICES AGREEMENT.
1. THE AUTHORITY SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF
THE DEPARTMENT OR THE MUNICIPAL CORPORATION, USING THE FORCES OF THE
DEPARTMENT OF LAW PURSUANT TO SECTION THREE HUNDRED SIXTY-TWO OF THIS
TITLE IN ANY ACTION, PROCEEDING, CLAIM, DEMAND OR THE PROSECUTION OF ANY
APPEAL ARISING FROM OR OCCASIONED BY THE ACTS OR OMISSIONS TO ACT IN THE
PERFORMANCE OF THE FUNCTIONS OF THE AUTHORITY PURSUANT TO A SHARED
SERVICES AGREEMENT.
2. DEFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE CONDI-
TIONED UPON THE FULL COOPERATION OF THE DEPARTMENT OR THE MUNICIPAL
CORPORATION BEING DEFENDED BY THE AUTHORITY.
3. THE AUTHORITY SHALL INDEMNIFY AND HOLD HARMLESS ANY UNIT, ENTITY,
OFFICER OR EMPLOYEE OF THE DEPARTMENT OR MUNICIPAL CORPORATION IN THE
AMOUNT OF ANY JUDGMENT OBTAINED AGAINST THE DEPARTMENT OR THE MUNICIPAL
CORPORATION IN THE AMOUNT OF ANY SETTLEMENT THE DEPARTMENT OR THE MUNIC-
IPAL CORPORATION ENTERS INTO WITH THE CONSENT OF THE AUTHORITY FOR ANY
AND ALL CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE
ACTS OR OMISSIONS TO ACT OF THE AUTHORITY OR ITS SUBSIDIARIES PURSUANT
TO A SHARED SERVICES AGREEMENT; PROVIDED, HOWEVER, THAT THE ACT OR OMIS-
SION FROM WHICH SUCH JUDGMENT OR SETTLEMENT AROSE OCCURRED WHILE THE
AUTHORITY OR ITS SUBSIDIARIES WAS ACTING WITHIN THE SCOPE OF ITS FUNC-
TIONS PURSUANT TO A SHARED SERVICES AGREEMENT. NO SUCH SETTLEMENT OF
ANY SUCH ACTION, PROCEEDING, CLAIM OR DEMAND SHALL BE MADE WITHOUT THE
APPROVAL OF THE BOARD OR ITS DESIGNEE.
4. ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFICER
OR EMPLOYEE OF THE AUTHORITY THAT ARISES PURSUANT TO ANY SHARED SERVICES
S. 4208 14
AGREEMENT SHALL NOT BE CONSTRUED IN ANY WAY TO IMPAIR, ALTER, LIMIT,
MODIFY, ABROGATE OR RESTRICT ANY IMMUNITY AVAILABLE TO OR CONFERRED UPON
ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF THE AUTHORITY, OR TO IMPAIR,
ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT ANY RIGHT TO DEFENSE AND
INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
AL STATUTORY OR COMMON LAW.
5. THIS SECTION SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF ANY
CLAIMANT TO GIVE NOTICE TO THE STATE AND THE AUTHORITY UNDER SECTION TEN
AND SECTION ELEVEN OF THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF
LAW.
6. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO IMPAIR,
ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER UNDER
ANY INSURANCE AGREEMENT.
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN EMPLOYED PURSUANT
TO A SHARED SERVICES AGREEMENT, EMPLOYEES OF THE AUTHORITY, AND ITS
SUBSIDIARIES, THE DEPARTMENT AND THE MUNICIPAL CORPORATION SHALL BE
DEEMED EMPLOYEES OF ALL SUCH ENTITIES AND THE STATE FOR PURPOSES OF THE
WORKERS' COMPENSATION LAW.
S 3. Section 10-a of the highway law is amended by adding a new subdi-
vision 13 to read as follows:
13. (A) THE STATE SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR EMPLOYEE
OF THE NEW YORK STATE THRUWAY AUTHORITY USING THE FORCES OF THE DEPART-
MENT OF LAW IN ANY ACTION, PROCEEDING, CLAIM, DEMAND OR THE PROSECUTION
OF ANY APPEAL ARISING FROM OR OCCASIONED BY THE ACTS OR OMISSIONS TO ACT
IN THE PERFORMANCE OF THE FUNCTIONS OF THE DEPARTMENT OR THE MUNICIPAL
CORPORATION PURSUANT TO A SHARED SERVICES AGREEMENT.
(B) DEFENSE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
CONDITIONED UPON THE FULL COOPERATION OF THE NEW YORK STATE THRUWAY
AUTHORITY.
(C) THE STATE SHALL INDEMNIFY AND HOLD HARMLESS ANY UNIT, ENTITY,
OFFICER OR EMPLOYEE OF THE NEW YORK STATE THRUWAY AUTHORITY IN THE
AMOUNT OF ANY JUDGMENT OBTAINED AGAINST THE NEW YORK STATE THRUWAY
AUTHORITY OR IN THE AMOUNT OF ANY SETTLEMENT THE NEW YORK STATE THRUWAY
AUTHORITY ENTERS INTO WITH THE CONSENT OF THE STATE FOR ANY AND ALL
CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
OMISSIONS TO ACT OF THE DEPARTMENT OR THE MUNICIPAL CORPORATION PURSUANT
TO A SHARED SERVICES AGREEMENT, PROVIDED, HOWEVER, THAT THE ACT OR OMIS-
SION FROM WHICH SUCH JUDGMENT OR SETTLEMENT AROSE OCCURRED WHILE THE
DEPARTMENT OR THE MUNICIPAL CORPORATION WAS ACTING WITHIN THE SCOPE OF
ITS FUNCTIONS PURSUANT TO A SHARED SERVICES AGREEMENT. ANY SUCH SETTLE-
MENT SHALL BE EXECUTED PURSUANT TO SECTION TWENTY-A OF THE COURT OF
CLAIMS ACT.
(D) ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFI-
CER OR EMPLOYEE OF THE DEPARTMENT OR THE MUNICIPAL CORPORATION PURSUANT
TO ANY SHARED SERVICES AGREEMENT SHALL NOT BE CONSTRUED IN ANY WAY TO
IMPAIR, ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT ANY IMMUNITY AVAIL-
ABLE TO OR CONFERRED UPON ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF THE
DEPARTMENT OR THE MUNICIPAL CORPORATION, OR TO IMPAIR, ALTER, LIMIT,
MODIFY, ABROGATE OR RESTRICT ANY RIGHT TO DEFENSE AND INDEMNIFICATION
PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN ACCORDANCE
WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDERAL STATUTORY
OR COMMON LAW.
(E) THIS SUBDIVISION SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF ANY
CLAIMANT TO GIVE NOTICE TO THE STATE UNDER SECTIONS TEN AND ELEVEN OF
THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF LAW.
S. 4208 15
(F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO
IMPAIR, ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER
UNDER ANY INSURANCE AGREEMENT.
(G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EMPLOYEES OF THE THRU-
WAY AUTHORITY, ITS SUBSIDIARIES, THE DEPARTMENT AND THE MUNICIPAL CORPO-
RATION SHALL BE DEEMED EMPLOYEES OF ALL SUCH ENTITIES AND THE STATE FOR
PURPOSES OF THE WORKERS' COMPENSATION LAW.
(H) ANY PAYMENT MADE PURSUANT TO THIS SUBDIVISION OR ANY MONIES PAID
FOR A CLAIM AGAINST OR SETTLEMENT WITH THE DEPARTMENT, THE NEW YORK
STATE THRUWAY AUTHORITY OR THE MUNICIPAL CORPORATION PURSUANT TO THIS
SECTION AND PURSUANT TO A SHARED SERVICES AGREEMENT SHALL BE PAID FROM
APPROPRIATIONS FOR PAYMENT BY THE STATE PURSUANT TO THE COURT OF CLAIMS
ACT.
S 4. Subdivision 1 of section 17 of the public officers law is amended
by adding a new paragraph (y) to read as follows:
(Y) FOR PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE
MEMBERS OF THE BOARD, OFFICERS AND EMPLOYEES OF THE NEW YORK STATE THRU-
WAY AUTHORITY OR ITS SUBSIDIARIES.
S 5. This act, being necessary for the prosperity of the state and its
inhabitants, shall be liberally construed to effect the purposes and
secure the beneficial intents hereof.
S 6. If any provision of any section of this act or the application
thereof to any person or circumstance shall be adjudged invalid by a
court of competent jurisdiction, such order or judgment shall be
confined in its operation to the controversy in which it was rendered,
and shall not affect or invalidate the remainder of any provision of any
section of this act or the application thereof to any other person or
circumstance and to this end the provisions of each section of this act
are hereby declared to be severable.
S 7. This act shall take effect immediately.
PART H
Section 1. Subdivision 15 of section 385 of the vehicle and traffic
law is amended by adding a new paragraph (l) to read as follows:
(L) WHEN AN ANNUAL PERMIT IS ISSUED, PURSUANT TO THIS SUBDIVISION, FOR
THE OPERATION OF A VEHICLE WITH A MAXIMUM GROSS WEIGHT IN EXCESS OF
EIGHTY THOUSAND POUNDS, SUCH PERMIT SHALL SERVE AS PROOF OF THE MAXIMUM
GROSS WEIGHT ALLOWED FOR SUCH VEHICLE NOTWITHSTANDING THE MAXIMUM GROSS
WEIGHT FOR SUCH VEHICLE AS STATED ON THE APPLICATION FOR REGISTRATION
PROVIDED THAT THE OPERATION OF SUCH VEHICLE IS IN COMPLIANCE WITH THE
TERMS OF THE ANNUAL PERMIT ISSUED AND ANY REQUIREMENTS OR CONDITIONS
APPLICABLE THERETO.
S 2. Paragraph (b) of schedule F of subdivision 7 of section 401 of
the vehicle and traffic law, as amended by chapter 55 of the laws of
1992, is amended to read as follows:
(b) As used in this schedule, the term "snow plow" shall not include
farm type tractors used exclusively for agricultural purposes, or for
snow plowing other than for hire, as defined in section one hundred
twenty-five of this chapter, when used for plowing or removing snow,
provided such plowing or snow removal is not done for hire.
No person shall operate or move, or cause or knowingly permit to be
operated or moved on any public highway in this state any auto truck,
agricultural truck or light delivery car, registered in this state,
having a combined weight of vehicle and load in excess of the maximum
gross weight for such vehicle as stated on the application for registra-
S. 4208 16
tion. Such maximum gross weight [cannot] SHALL NOT be more than the
weight permitted under section three hundred eighty-five of this chapter
or the weight permitted by the rules or regulations of the department of
transportation of any city not wholly included within one county or
under permits that may be issued pursuant to such section, rules or
regulations whichever is the least restrictive.
S 3. Paragraph b of subdivision 9 of section 401 of the vehicle and
traffic law, as amended by chapter 847 of the laws of 1968, is amended
to read as follows:
b. Where a vehicle registered under the provisions of subdivisions
seven or eight of this section on the basis of maximum gross weight
requires a corrected registration because of a load in excess of the
maximum load as certified in the application for registration, or the
registrant desires to register the vehicle at a lower gross maximum
weight, an application shall be made for correct registration; PROVIDED,
HOWEVER, THAT WHEN AN ANNUAL PERMIT IS ISSUED PURSUANT TO SUBDIVISION
FIFTEEN OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER FOR THE
OPERATION OF A VEHICLE WITH A MAXIMUM GROSS WEIGHT IN EXCESS OF EIGHTY
THOUSAND POUNDS, A CORRECTED REGISTRATION SHALL NOT BE REQUIRED PURSUANT
TO THIS PARAGRAPH. Upon the surrendering of the certificate of registra-
tion and the payment of a fee of two dollars together with the balance
of the annual fee for the correct registration over the fee as previous-
ly registered, such corrected registration may be issued. No return of
any part of the fee paid for the previous registration shall be made in
case of a reduction of maximum gross weight certified in the application
for a corrected registration.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART I
Section 1. Item 1 of clause (A) of subparagraph (ii) of paragraph (i)
of subdivision 1 of section 201 of the vehicle and traffic law, as
amended by section 1 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
(1) fifty-five years where the conviction and suspension or revocation
order relates to a conviction, suspension or revocation by the holder of
any driver's license when operating a commercial motor vehicle, as
defined in subdivision four of section five hundred one-a of this chap-
ter, or by the holder of a commercial driver's license OR COMMERCIAL
LEARNER'S PERMIT when operating any motor vehicle, who: has refused to
submit to a chemical test pursuant to section eleven hundred ninety-four
of this chapter or has been convicted of any of the following offenses:
any violation of subdivision ONE, two, TWO-A, three [or], four OR FOUR-A
of section eleven hundred ninety-two of this chapter, any violation of
subdivision one or two of section six hundred of this chapter, any felo-
ny involving the use of a motor vehicle, other than the use of a motor
vehicle in the commission of a felony involving manufacturing, distrib-
uting, dispensing a controlled substance; or the conviction, suspension
or revocation involves any of the following offenses while operating a
commercial motor vehicle: any violation of subdivision five or six of
section eleven hundred ninety-two of this chapter, driving a commercial
motor vehicle when as a result of prior violations committed while oper-
ating a commercial motor vehicle, the driver's commercial driver's
license OR COMMERCIAL LEARNER'S PERMIT is suspended or revoked, or has
been convicted of causing a fatality through the negligent operation of
S. 4208 17
a commercial motor vehicle, including but not limited to the crimes of
vehicular manslaughter and criminally negligent homicide as set forth in
article one hundred twenty-five of the penal law;
S 2. Subdivision 6 of section 501-a of the vehicle and traffic law, as
added by chapter 173 of the laws of 1990, is amended to read as follows:
6. Tank vehicle. Any commercial motor vehicle designed to transport
any liquid or gaseous material within [a]: (I) A tank that is either
permanently or temporarily attached to the vehicle or the chassis AND
HAS A RATED CAPACITY OF ONE THOUSAND GALLONS OR MORE; OR (II) MULTIPLE
TANKS EITHER PERMANENTLY OR TEMPORARILY ATTACHED OR SECURED, WHEN THE
AGGREGATE RATED CAPACITY OF THOSE TANKS IS ONE THOUSAND GALLONS OR MORE,
AS DETERMINED BY ADDING THE CAPACITY OF EACH INDIVIDUAL TANK WITH A
CAPACITY OF MORE THAN ONE HUNDRED NINETEEN GALLONS. [Such vehicles
include, but are not limited to, cargo and portable tanks, as defined in
49 CFR part 171. However, this definition does not include portable
tanks having a rated capacity under one thousand gallons.] PROVIDED,
HOWEVER, IF A COMMERCIAL MOTOR VEHICLE TRANSPORTS ONE OR MORE TANKS THAT
ARE MANIFESTED EITHER AS EMPTY OR AS RESIDUE AND THAT ARE ACTUALLY EMPTY
OR CONTAIN ONLY RESIDUE, THOSE TANKS SHALL NOT BE CONSIDERED IN DETER-
MINING WHETHER THE VEHICLE IS A TANK VEHICLE.
S 3. Paragraph (b) of subdivision 1 of section 503 of the vehicle and
traffic law, as amended by section 2 of part D of chapter 58 of the laws
of 2012, is amended to read as follows:
(b) An application for a license shall be valid for a period of time
specified by regulation of the commissioner not to exceed five years. A
learner's permit shall be valid from its issuance until the expiration
of the application for a driver's license for which it was issued.
PROVIDED, HOWEVER, A COMMERCIAL LEARNER'S PERMIT SHALL BE VALID FOR NO
MORE THAN ONE HUNDRED EIGHTY DAYS, EXCEPT THAT SUCH PERMIT MAY BE
RENEWED, IN THE COMMISSIONER'S DISCRETION, FOR AN ADDITIONAL ONE HUNDRED
EIGHTY DAYS. Provided, however, that a COMMERCIAL learner's permit
issued by the commissioner in connection with an application for a
commercial driver's license shall be cancelled within sixty days of the
holder's medical certification status becoming "not-certified" based
upon: (i) the expiration of the holder's medical certification or
medical variance documentation required by the federal motor carrier
safety improvement act of 1999 and Part 383.71(h) of title 49 of the
code of federal regulations; (ii) the holder's failure to submit such
medical certification or medical variance documentation at such inter-
vals as required by the federal motor carrier safety improvement act of
1999 and Part 383.71(h) of title 49 of the code of federal regulations
and in a manner prescribed by the commissioner; or (iii) the receipt by
the commissioner of information from the issuing medical examiner or the
federal motor carrier safety administration that a medical certification
or medical variance was issued in error or rescinded. The commissioner
shall, upon a holder's status becoming "not-certified", notify the hold-
er of such COMMERCIAL learner's permit issued in connection with a
commercial driver's license application by first class mail to the
address of such person on file with the department or at the current
address provided by the United States postal service of his or her
"not-certified" medical certification status and that the commercial
motor vehicle privileges of such COMMERCIAL learner's permit will be
cancelled unless he or she submits a current medical certificate and/or
medical variance in accordance with Part 383.71(h) of title 49 of the
code of federal regulations or changes his or her self-certification to
driving only in excepted [or intrastate] commerce in accordance with
S. 4208 18
Part 383.71(b)[(ii)(B), (C) or (D)](1) of title 49 of the code of feder-
al regulations.
S 4. Subdivision 6 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph o to read as follows:
O. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
WHERE REVOCATION IS MANDATORY PURSUANT TO SUBPARAGRAPH (III) OF PARA-
GRAPH A OF SUBDIVISION TWO OF THIS SECTION INVOLVING A VIOLATION OF
SECTION THREE HUNDRED NINETY-TWO OF THIS CHAPTER IN RELATION TO AN
APPLICATION FOR A COMMERCIAL DRIVER'S LICENSE OR A COMMERCIAL LEARNER'S
PERMIT, NO NEW COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL LEARNER'S
PERMIT SHALL BE ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER EXCEPT IN
THE DISCRETION OF THE COMMISSIONER.
S 5. Paragraph (b) of subdivision 3 of section 510-a of the vehicle
and traffic law, as amended by section 7 of part K of chapter 59 of the
laws of 2009, is amended, and two new subdivisions 9 and 10 are added to
read as follows:
(b) A commercial driver's license shall be suspended by the commis-
sioner for a period of one hundred twenty days where the holder is
convicted of three serious traffic violations as defined in subdivision
four of this section committed within a three year period, in separate
incidents whether such convictions occurred within or outside of this
state. [Such suspension shall take effect upon the termination of any
other suspension already in effect pursuant to paragraph (a) of this
subdivision or this paragraph.]
9. APPLICATION OF DISQUALIFICATIONS TO HOLDERS OF A COMMERCIAL
LEARNER'S PERMIT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY
PROVISION OF THIS CHAPTER RELATING TO THE REVOCATION, SUSPENSION, DOWN-
GRADING, DISQUALIFICATION OR CANCELLATION OF A COMMERCIAL DRIVER'S
LICENSE SHALL APPLY IN THE SAME MANNER TO A COMMERCIAL LEARNER'S PERMIT.
10. CONSECUTIVE DISQUALIFICATION PERIODS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, ANY SUSPENSION, REVOCATION OR DISQUALIFICATION APPLI-
CABLE TO THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL
LEARNER'S PERMIT THAT IS REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE
OF FEDERAL REGULATIONS AND BY THE PROVISIONS OF THIS CHAPTER SHALL TAKE
EFFECT UPON THE EXPIRATION OF THE MINIMUM PERIOD OF ANY OTHER SUSPEN-
SION, REVOCATION OR DISQUALIFICATION OF SUCH LICENSE OR PERMIT THAT IS
REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS
AND BY THE PROVISIONS OF THIS CHAPTER.
S 6. Paragraph (d) of subdivision 1 of section 514 of the vehicle and
traffic law, as added by section 7 of part CC of chapter 58 of the laws
of 2011, is amended to read as follows:
(d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of
this subdivision, upon a judgment of conviction for a violation of any
provisions of this chapter or of any local law, rule, ordinance or regu-
lation relating to traffic (except one related to parking, stopping or
standing), the court or the clerk thereof shall, within ninety-six hours
of the imposition of the sentence, file the certificate required by
paragraph (a) of this subdivision, if the person convicted: (i) is the
holder of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license
issued by another state; or (ii) does not hold a COMMERCIAL LEARNER'S
PERMIT OR A commercial driver's license, but has been issued a license
by another state and is convicted of a violation that was committed in a
commercial motor vehicle, as defined in subdivision four of section five
hundred one-a of this title.
S. 4208 19
S 7. Subdivisions 1 and 2 of section 514-a of the vehicle and traffic
law, as added by chapter 173 of the laws of 1990, are amended to read as
follows:
1. Each person who operates a commercial motor vehicle for a New York
state employer who is convicted of violating within or outside of this
state, in any type of motor vehicle, a state or local law relating to
motor vehicle traffic control (other than a parking violation), shall
notify his/her current employer of such conviction. [Any person who
holds a commercial driver's license issued by the commissioner who does
not operate a commercial motor vehicle for a New York state employer or
who operates a commercial motor vehicle while self-employed who is
convicted in any other state, the District of Columbia or a Canadian
province of violating any law relating to motor vehicle traffic control
(other than a parking violation) while operating a commercial motor
vehicle shall notify the commissioner of such conviction.] Such notifi-
cation must be made within thirty days after the date that the person
has been convicted except that if a person is a bus driver as defined in
section five hundred nine-a of this chapter, such notification must be
made within five days after the date the person has been convicted as
required by section five hundred nine-i of this chapter. The above
notification must be made in writing and contain the following informa-
tion: (a) driver's full name; (b) driver's license number; (c) date of
conviction; (d) the specific criminal or other offense(s), serious traf-
fic violation(s) of state or local law relating to motor vehicle traffic
control, for which the person was convicted and any suspension, revoca-
tion, cancellation of any driving privileges or disqualification from
operating a commercial motor vehicle which resulted from such
conviction(s); (e) indication whether the violation was in a commercial
motor vehicle; (f) location of offense; (g) court or tribunal in which
the conviction occurred; and (h) driver's signature.
2. Each person who operates a commercial motor vehicle for a New York
state employer who has a COMMERCIAL LEARNER'S PERMIT OR A driver's
license suspended, revoked, or canceled by the commissioner or by the
appropriate authorities of any other state, District of Columbia or
Canadian province, or who loses the right to operate a commercial motor
vehicle in any state or jurisdiction for any period, or who is disquali-
fied from operating a commercial motor vehicle for any period, shall
notify his/her current employer of such suspension, revocation, cancel-
lation, lost privilege, or disqualification.
S 8. Section 514-c of the vehicle and traffic law, as added by chapter
251 of the laws of 2007, is amended to read as follows:
S 514-c. Notification of non-resident commercial operator convictions.
Within ten days of the conviction of: (a) any holder of a COMMERCIAL
LEARNER'S PERMIT OR A commercial driver's license issued by another
state for any violation of state or local law regulating traffic, other
than a parking, stopping or standing violation, committed while operat-
ing a motor vehicle in this state; or
(b) any holder of a driver's license issued by another state for any
violation of state or local law regulating traffic, other than a park-
ing, stopping or standing violation, committed while operating a commer-
cial motor vehicle in this state, the commissioner shall provide notice
of such conviction to the state which issued such holder's COMMERCIAL
LEARNER'S PERMIT, commercial driver's license or driver's license.
S 9. Subdivision 9 of section 170.55 of the criminal procedure law, as
added by section 8 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
S. 4208 20
9. Notwithstanding any other provision of this section, a court may
not issue an order adjourning an action in contemplation of dismissal if
the offense is for a violation of the vehicle and traffic law related to
the operation of a motor vehicle (except one related to parking, stop-
ping or standing), or a violation of a local law, rule or ordinance
related to the operation of a motor vehicle (except one related to park-
ing, stopping or standing), if such offense was committed by the holder
of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license or was
committed in a commercial motor vehicle, as defined in subdivision four
of section five hundred one-a of the vehicle and traffic law.
S 10. Paragraph c of subdivision 2 of section 140 of the transporta-
tion law is amended by adding a new subparagraph (vii) to read as
follows:
(VII) NO PERSON, CORPORATION, LIMITED LIABILITY COMPANY OR BUSINESS
ENTITY, JOINT STOCK ASSOCIATION, PARTNERSHIP, OR ANY OFFICER OR AGENT
THEREOF, SHALL KNOWINGLY ALLOW, REQUIRE, PERMIT OR AUTHORIZE ANY PERSON
TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SECTION FIVE
HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW, DURING ANY PERIOD IN WHICH
THE OPERATOR:
(A) DOES NOT HAVE A VALID COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL
DRIVER'S LICENSE; OR
(B) DOES NOT HAVE A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S
LICENSE WITH THE PROPER CLASS OR ENDORSEMENTS; OR
(C) VIOLATES ANY RESTRICTION ON SUCH OPERATOR'S COMMERCIAL LEARNER'S
PERMIT OR COMMERCIAL DRIVER'S LICENSE; OR
(D) HAS A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S LICENSE
THAT IS SUSPENDED, REVOKED OR CANCELLED, OR SUCH OPERATOR HAS BEEN
OTHERWISE DISQUALIFIED BY THE COMMISSIONER OF MOTOR VEHICLES; OR
(E) HAS MORE THAN ONE COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIV-
ER'S LICENSE.
A VIOLATION OF THIS SUBPARAGRAPH SHALL BE PUNISHABLE BY A FINE OF NOT
LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS.
S 11. This act shall take effect July 8, 2015 and shall apply to
violations committed on or after such date, and shall apply to permits
issued on or after such date.
PART J
Section 1. Subdivision 2 of section 357-a of the public authorities
law, as added by section 1 of part E of chapter 58 of the laws of 2013,
is amended to read as follows:
2. The state shall be responsible for additional goods and services
provided by the authority equal to [twenty-four million] TWENTY-ONE
MILLION FIVE HUNDRED THOUSAND dollars in each calendar year. Such goods
and services shall be deemed to be costs to the state and not operating
costs of the authority. The authority and the director of the division
of the budget shall enter into an agreement identifying any such state
costs and determine reporting and other requirements related thereto.
Such agreement and any amendments thereto shall be transmitted by the
authority, within ten business days of the execution of such agreement
and amendments thereto, to the chair of the senate finance committee,
the chair of the assembly ways and means committee, the chair of the
senate transportation committee and the chair of the assembly transpor-
tation committee. By February first of each year, a report identifying
all state costs paid pursuant to such agreement in the preceding calen-
dar year will be transmitted by the authority to the director of the
S. 4208 21
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
Section 1. Subdivision 6 of section 1209 of the public authorities
law, as amended by chapter 98 of the laws of 2011, is amended to read as
follows:
6. The provisions of subdivisions one, two, three and four of this
section shall not be applicable to any procurement by the authority
commenced during the period from the effective date of this subdivision
until December thirty-first, nineteen hundred ninety-one or during the
period from December sixteenth, nineteen hundred ninety-three until June
thirtieth, two thousand [fifteen] NINETEEN; and the provisions of subdi-
visions seven, eight, nine, ten, eleven, twelve and thirteen of this
section shall only apply to procurements by the authority commenced
during such periods. The provisions of such subdivisions one, two, three
and four shall apply to procurements by the authority commenced during
the period from December thirty-first, nineteen hundred ninety-one until
December sixteenth, nineteen hundred ninety-three, and to procurements
by the authority commenced on and after July first, two thousand
[fifteen] NINETEEN. Notwithstanding the foregoing, the provisions of
such subdivisions one, two, three and four shall apply to (i) the award
of any contract of the authority if the bid documents for such contract
so provide and such bid documents are issued within sixty days of the
effective date of this subdivision or within sixty days of December
sixteenth, nineteen hundred ninety-three, or (ii) for a period of one
hundred eighty days after the effective date of this subdivision, or for
a period of one hundred eighty days after December sixteenth, nineteen
hundred ninety-three, the award of any contract for which an invitation
to bid, solicitation, request for proposal, or any similar document has
been issued by the authority prior to the effective date of this subdi-
vision or during the period from January first, nineteen hundred nine-
ty-two until December fifteenth, nineteen hundred ninety-three.
S 2. Subdivision 1 of section 1265-a of the public authorities law, as
amended by chapter 98 of the laws of 2011, is amended to read as
follows:
1. The provisions of this section shall only apply to procurements by
the authority commenced during the period from April first, nineteen
hundred eighty-seven until December thirty-first, nineteen hundred nine-
ty-one, and during the period from December sixteenth, nineteen hundred
ninety-three until June thirtieth, two thousand [fifteen] NINETEEN;
provided, however, that the provisions of this section shall not apply
to (i) the award of any contract of the authority if the bid documents
for such contract so provide and such bid documents are issued within
sixty days of the effective date of this section or within sixty days of
December sixteenth, nineteen hundred ninety-three, or (ii) for a period
of one hundred eighty days after the effective date of this section or
S. 4208 22
for a period of one hundred eighty days after December sixteenth, nine-
teen hundred ninety-three, the award of any contract for which an invi-
tation to bid, solicitation, request for proposal, or any similar docu-
ment has been issued by the authority prior to the effective date of
this section or during the period from January first, nineteen hundred
ninety-two until December sixteenth, nineteen hundred ninety-three.
S 3. This act shall take effect immediately.
PART M
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
corporation act, as amended by section 1 of part Z of chapter 57 of the
laws of 2014, is amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2015] 2016.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2015.
PART N
Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to make loans, as
amended by section 1 of part AA of chapter 57 of the laws of 2014, is
amended to read as follows:
S 2. This act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2015] 2016, at which
time the provisions of subdivision 26 of section 5 of the New York state
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
Intentionally Omitted
PART Q
Intentionally Omitted
S. 4208 23
PART R
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.
PART S
Section 1. Section 2 of part BB of chapter 58 of the laws of 2012,
amending the public authorities law relating to authorizing the dormito-
ry authority to enter into certain design and construction management
agreements, as amended by section 1 of part W of chapter 57 of the laws
of 2014, is amended to read as follows:
S 2. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2015] 2017.
S 2. Within 90 days of the effective date of this act, the dormitory
authority of the state of New York shall provide a report providing
information regarding any project undertaken pursuant to a design and
construction management agreement, as authorized by part BB of chapter
58 of the laws of 2012, between the dormitory authority of the state of
New York and the department of environmental conservation and/or the
office of parks, recreation and historic preservation to the governor,
the temporary president of the senate and speaker of the assembly. Such
report shall include but not be limited to a description of each such
project, the project identification number of each such project, if
applicable, the projected date of completion, the status of the project,
the total cost or projected cost of each such project, and the location,
including the names of any county, town, village or city, where each
such project is located or proposed. In addition, such a report shall be
provided to the aforementioned parties by the first day of March of each
year that the authority to enter into such agreements pursuant to part
BB of chapter 58 of the laws of 2012 is in effect.
S 3. This act shall take effect immediately and shall be deemed to
have been in effect on and after April 1, 2015.
PART T
Section 1. Section 2 of chapter 21 of the laws of 2003, amending the
executive law relating to permitting the secretary of state to provide
special handling for all documents filed or issued by the division of
corporations and to permit additional levels of such expedited service,
as amended by section 1 of part N of chapter 57 of the laws of 2014, is
amended to read as follows:
S 2. This act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and shall expire March 31, [2015]
2016.
S 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
S. 4208 24
Section 1. Subdivision 2 of section 446-b of the real property law, as
amended by chapter 61 of the laws of 1989, is amended to read as
follows:
2. The application for such license shall be filed in the office of
the secretary of state on such forms as the secretary may prescribe [and
shall be accompanied by a fee of four hundred dollars].
S 2. Subdivision 3 of section 446-b of the real property law, as added
by chapter 805 of the laws of 1980, is amended to read as follows:
3. When the apartment information vendor maintains more than one place
of business, he shall apply for [and the secretary shall issue] a
supplemental license for each branch office so maintained [upon payment
of a fee of two hundred fifty dollars for each supplemental license so
issued]. Supplemental licenses shall be conspicuously displayed in each
branch office. The display of an expired license by any person, firm,
partnership or corporation is a violation of the provisions of this
article.
S 3. Subdivision 5 of section 446-b of the real property law, as
amended by chapter 805 of the laws of 1980, is amended to read as
follows:
5. Any license granted under the provisions hereof may be renewed for
one year by the secretary upon application therefor by the holder, in
such form as the secretary may prescribe[, and payment of a two hundred
fifty dollar fee for such license]. The secretary may dispense with the
requirement for the filing of such statements as was contained in the
original application for license.
S 4. Subdivision 2 of section 446-d of the real property law, as
amended by chapter 805 of the laws of 1980, is amended to read as
follows:
2. The secretary shall be notified in writing at his OR HER office in
Albany of any change of a licensee's business address or name, and the
secretary shall issue a license for the unexpired term, upon return of
the original license [and the payment of a fee of twenty dollars]. A
licensee who fails to notify the secretary of any change in business
address or name within ten days shall forfeit his OR HER license.
S 5. This act shall take effect immediately.
PART V
Section 1. Section 219 of the agriculture and markets law, as amended
by chapter 122 of the laws of 1988, is amended to read as follows:
S 219. Application [and fee]. Application for license as a food
salvager[,] SHALL BE MADE upon a form prescribed by the commissioner[,
shall be made on or before June first in every other year for the
license period beginning July first following]. The applicant shall
satisfy the commissioner of his OR HER character and that he OR SHE has
adequate physical facilities for salvaging food and food products. If so
satisfied, the commissioner shall [upon receipt of the license fee]
issue to the applicant a [license which shall be] non-transferable
LICENSE, WHICH WILL EXPIRE ON THE THIRTIETH OF JUNE OF THE NEXT EVEN
NUMBERED YEAR FOLLOWING ITS ISSUANCE. [The biennial license fee shall be
one hundred dollars.] APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
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. 4208 25
S 2. Section 231 of the agriculture and markets law, as amended by
section 7 of part I1 of chapter 62 of the laws of 2003, is amended to
read as follows:
S 231. Licenses, issuance of. No person or corporation shall maintain
or operate any refrigerated warehouse and/or locker plant unless
licensed by the commissioner. Application[,] SHALL BE MADE upon a form
prescribed by the commissioner[, shall be made on or before September
first of every other year for the license period beginning October first
following]. The applicant shall satisfy the commissioner of his or [its]
HER character, financial responsibility, and competency to operate a
refrigerated warehouse or locker plant. The commissioner, if so satis-
fied, shall[, upon receipt of the license fee or fees,] issue to the
applicant a license or licenses [to operate the refrigerated warehouse
or warehouses or locker plant or locker plants described in the applica-
tion until the first day of October] WHICH WILL EXPIRE ON THE THIRTIETH
OF SEPTEMBER of the NEXT ODD NUMBERED year following [the year in which
such license was issued] ITS ISSUANCE. [The biennial license fee shall
be two hundred dollars for each refrigerated warehouse. If a locker
plant is operated as part of a refrigerated warehouse and upon the same
premises, no additional license fee shall be required.] APPLICATION FOR
RENEWAL OF SUCH LICENSE OR LICENSES FOR A PERIOD OF TWO YEARS SHALL BE
MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND SUBMIT-
TED NO LATER THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING
LICENSE OR LICENSES.
S 3. Section 96-z-2 of the agriculture and markets law, as added by
chapter 391 of the laws of 1968, is amended to read as follows:
S 96-z-2. Application [and fees]. Application for a license to operate
a disposal plant or transportation service[,] SHALL BE MADE upon a form
prescribed by the commissioner[, shall be made on or before September
first in each year for the license year beginning October first follow-
ing]. The applicant shall satisfy the commissioner of his OR HER charac-
ter and that he OR SHE has adequate physical facilities for the opera-
tion of a disposal plant or transportation service. If so satisfied, the
commissioner shall [upon payment of the license fee] issue to the appli-
cant a NON-TRANSFERABLE license which [shall be non-transferable] WILL
EXPIRE ON THE THIRTIETH DAY OF SEPTEMBER OF THE NEXT EVEN NUMBERED YEAR
FOLLOWING ITS ISSUANCE. APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A FORM PRESCRIBED BY
THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
EXPIRATION OF THE EXISTING LICENSE. [The annual license fee for a
disposal plant shall be one hundred dollars, plus an inspection fee of
ten dollars for each vehicle. The annual license fee for a transporta-
tion service shall be twenty-five dollars, plus an inspection fee of ten
dollars for each vehicle.]
S 4. Section 128-a of the agriculture and markets law, as amended by
chapter 451 of the laws of 2008, subdivisions 4, 5, 6, 7, 8 and 9 as
renumbered by section 2 of part N of chapter 58 of the laws of 2012, is
amended to read as follows:
S 128-a. Licenses. 1. No person shall manufacture any commercial feed
in this state unless such person holds a license issued therefor by the
commissioner. [Notwithstanding the foregoing, a person, in operation on
or before the effective date of this section, who has filed an applica-
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
S. 4208 26
department and shall contain such information as may be required by the
department. A LICENSE ISSUED ON OR BEFORE THE THIRTIETH OF JUNE WILL
EXPIRE ON THE THIRTY-FIRST OF DECEMBER OF THE YEAR OF ITS ISSUANCE, AND
IF ISSUED BETWEEN JULY FIRST AND DECEMBER THIRTY-FIRST, WILL EXPIRE ON
THE THIRTY-FIRST DAY OF DECEMBER IN THE YEAR FOLLOWING ITS ISSUANCE.
Renewal applications shall be [submitted to] MADE ANNUALLY ON A FORM
PRESCRIBED BY the commissioner [at least] AND SUBMITTED NO LATER THAN
thirty days prior to the [commencement of the next license year] EXPIRA-
TION OF THE EXISTING LICENSE.
2. The commissioner may deny any application for a license or revoke
any license when granted, after written notice to the applicant and an
opportunity to be heard, when:
(a) any statement in the application or upon which it was issued is or
was false or misleading;
(b) facilities of the applicant are not maintained in a manner as
required by rules and regulations duly promulgated by the commissioner;
(c) the maintenance and operation of the establishment of the appli-
cant is such that the commercial feed produced therein is or may be
adulterated, misbranded, or not maintained in any manner as required by
this article;
(d) the applicant or licensee, or an officer, director, partner or
holder of ten per centum or more of the voting stock of the applicant or
licensee, has failed to comply with any of the provisions of this arti-
cle or rules and regulations promulgated pursuant thereto; or
(e) the applicant or licensee is a partnership or corporation and any
individual holding any position or interest or power of control therein
has previously been responsible in whole or in part for any act on
account of which an application for licensure may be denied or a license
revoked pursuant to the provisions of this article.
3. [Each application for an initial license shall be accompanied by a
non-refundable fee of one hundred dollars. The commissioner shall
prorate the license fee for any person applying for an initial license
after the commencement of the licensing period. Licenses shall be renew-
able annually thereafter, together with the payment of a non-refundable
fee of fifty dollars.
4.] Inspection in accordance with section one hundred thirty-five-a of
this article, the results of which establish compliance with the
provisions of this article, shall precede issuance of a license or
renewal thereof under this section.
[5.] 4. Upon validation by the commissioner, the application shall
become the license of the person.
[6.] 5. The commissioner shall provide a copy of the license to the
[person] LICENSEE. The commissioner shall also retain a copy of the
license.
[7.] 6. No licensee shall publish or advertise the sale of any commer-
cial feed unless the publication or advertisement is accompanied by such
licensee's license number. [Notwithstanding the foregoing, a person, in
operation on or before the effective date of this section, who has filed
an application for an initial license under this section may publish or
advertise the sale or availability of any commercial feed without the
publication or advertisement being accompanied by the person's license
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.
S. 4208 27
[9.] 8. Notwithstanding the definition of commercial feed under subdi-
vision seven of section one hundred twenty-eight of this article, the
provisions of this section shall not apply to a person who conducts a
business of selling pet food and specialty pet food.
S 5. Section 142-ee of the agriculture and markets law, as amended by
chapter 251 of the laws of 1999, is amended to read as follows:
S 142-ee. License [and fee]. Each certificate filed pursuant to
section one hundred forty-two-dd OF THIS ARTICLE shall be accompanied by
an application, upon forms supplied by the commissioner, for a license
to supply such material under the brand name specified therein, and
there shall be transmitted therewith a copy of the label and of the
statement proposed to accompany such material in compliance with section
one hundred forty-two-cc[, together with a license fee of forty dollars
for each such brand] OF THIS ARTICLE. Such application shall incorpo-
rate by reference the data contained in the accompanying certificate for
the brand for which the license is sought. Upon compliance with the
provisions of this article, the applicant shall be issued a license for
the supplying of such qualifying brand of agricultural liming material,
which license shall expire on the thirty-first day of December of the
NEXT EVEN NUMBERED year following the year in which it is issued, but no
such license shall be issued for the supplying of any such material
which does not meet the minimum standards herein provided for, nor for
the supplying thereof under a brand descriptive designation or with a
label or accompanying statement which is or tends to be misleading or
deceptive as to quality, analysis or composition. APPLICATION FOR A
RENEWAL OF THE LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIAL-
LY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER
THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE. Any
such license so issued may be revoked by the commissioner, after notice
to the licensee by mail or otherwise and opportunity to be heard, when
it appears that any statement or representation upon which it is issued
is false or misleading. The action of the commissioner in refusing to
grant a license, or in revoking a license, shall be subject to review by
a proceeding under article seventy-eight of the civil practice law and
rules, but the decision of the commissioner shall be final unless within
thirty days from the date of the order embodying such action such
proceeding to review has been instituted.
Whenever a manufacturer, producer or distributor shall have been
licensed to supply a particular brand of material hereunder, no agent,
seller or retailer of such brand shall be required to file a certificate
or obtain a license for such brand during a period for which such
license is in effect, nor upon such goods which were acquired during a
period for which a license was in effect and remaining undistributed in
subsequent years.
S 6. Subdivision (a) of section 146 of the agriculture and markets
law, as amended by chapter 251 of the laws of 1999, is amended to read
as follows:
(a) No person shall distribute in this state any type of fertilizer
until a [biennial] license to distribute the same has been obtained from
the commissioner by the person whose labelling is applied to such ferti-
lizer upon payment of a one hundred fifty dollar fee. [All licenses
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
S. 4208 28
SUCH LICENSE SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE
COMMISSIONER AND BE SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
EXPIRATION OF THE EXISTING LICENSE.
S 7. Section 147-b of the agriculture and markets law, as amended by
chapter 122 of the laws of 1988, is amended to read as follows:
S 147-b. License. No person shall sell, offer or expose for sale in
this state any soil or plant inoculant unless licensed as provided in
this section. Application for a license SHALL BE MADE upon a form
prescribed by the commissioner [shall be made biennially. The applica-
tion] AND shall include a statement as to whether the inoculant is
represented as effective for inoculating legumes or for some other
purpose, and, if represented as effective for the inoculation of
legumes, for which legume or legumes it is so represented. With the
application, the applicant shall present a representative sample of the
soil or plant inoculant described in the application. The commissioner,
if satisfied that the inoculant may be depended upon to produce an
effective inoculation for the purpose represented, shall issue to such
applicant a license for the sale of such inoculant, expiring on December
thirty-first of the NEXT EVEN NUMBERED year following [the year in which
it is issued] ITS ISSUANCE. [The applicant shall pay biennially, at the
time of presenting the application, to the commissioner for remittance
to the state treasury, a license fee of twenty dollars for each brand of
inoculants as defined in the rules and regulations adopted by the
commissioner as provided in this article.] APPLICATION FOR RENEWAL OF
SUCH LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A
FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY
DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE.
S 8. Paragraph (a) of subdivision 1 of section 248 of the agriculture
and markets law, as amended by chapter 490 of the laws of 2005, is
amended to read as follows:
(a) No person shall act as a dealer unless licensed as provided in
this article. Application shall be made upon such forms and at such
times as prescribed by the commissioner. Renewal applications shall be
submitted to the commissioner at least thirty days prior to the
[commencement of the next] EXPIRATION OF THE EXISTING license [year]. No
action will be taken on applications deemed incomplete by the commis-
sioner. The applicant shall furnish evidence of his or her good charac-
ter, financial statements, prepared and certified by a certified public
accountant when required by the commissioner, and evidence that he or
she has adequate physical facilities for receiving and handling farm
products or processing farm products if he or she is to act as a dealer.
The commissioner, if so satisfied, shall issue to such applicant, [upon
payment of twenty dollars, and] upon the filing of a bond or letter of
credit and upon payment of a fee to be deposited into the agricultural
producers security fund as hereinafter provided, a license entitling the
applicant to conduct the business of a dealer in farm products for a
period of one year. Notwithstanding any other provision of this section,
an applicant who intends to pay and a licensee who pays upon delivery
for purchases of farm products from producers, in cash, or cash equiv-
alent, including only certified or bank check, money order, electronic
funds transfer, or by debit card, shall be exempt from filing a bond or
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
S. 4208 29
business days from the date the commissioner notifies the licensee that
such bond or letter of credit is required.
S 9. Subdivision 5 of section 500 of the agriculture and markets law,
as amended by section 3 of part II of chapter 59 of the laws of 2009, is
amended to read as follows:
5. Licensure. No person shall maintain or operate a retail food store,
food service establishment or food warehouse unless such establishment
is licensed pursuant to the provisions of this article, provided, howev-
er, that establishments registered, permitted or licensed by the depart-
ment pursuant to other provisions of this chapter, under permit and
inspection by the state department of health or by a local health agency
which maintains a program certified and approved by the state commis-
sioner of health, or subject to inspection by the United States depart-
ment of agriculture pursuant to the federal meat, poultry or egg
inspection programs, shall be exempt from licensure under this article.
Application for licensure of a retail food store, food service estab-
lishment or food warehouse shall be made, upon a form prescribed by the
commissioner, on or before December first of every other year for the
registration period beginning January first following. Upon submission
of a completed application, together with the applicable licensing fee,
the commissioner shall ISSUE A license TO the retail food store, food
service establishment or food warehouse described in the application for
two years from the [applicable registration commencement period set
forth in this section] DATE OF ISSUANCE. The [licensing] LICENSE fee
shall be two hundred fifty dollars provided, however, that food ware-
houses shall pay a [licensing] LICENSE fee of four hundred dollars.
NOTWITHSTANDING THE PRECEDING SENTENCE, THE COMMISSIONER SHALL, UPON
SUBMISSION OF A COMPLETED APPLICATION FOR A NEW LICENSE BY AN APPLICANT
THAT IS A CHAIN STORE, AS DEFINED BY SUBDIVISION FIVE OF SECTION TWO
HUNDRED FIFTY-ONE-Z-TWO OF THIS CHAPTER, ISSUE SUCH LICENSE FOR A PERIOD
ENDING ON THE SAME DATE AS THE LICENSES OF THE OTHER CHAIN STORES THAT
ARE A PART OF THE SAME NETWORK.
S 10. Subdivision 1 of section 133-a of the agriculture and markets
law is amended by adding a new paragraph (c) to read as follows:
(C) NO FEE SHALL BE PAID BY ANY PERSON FOR ANY YEAR IN WHICH SUCH
PERSON DISTRIBUTED LESS THAN ONE HUNDRED TONS OF FEED INGREDIENTS AND
COMMERCIAL FEEDS IN THIS STATE.
S 11. This act shall take effect immediately.
PART W
Intentionally omitted.
PART X
Intentionally Omitted
PART Y
Intentionally Omitted
PART Z
S. 4208 30
Section 1. Subdivision 3 of section 15-1525 of the environmental
conservation law, as amended by section 2 of part F of chapter 59 of the
laws of 2006, is amended to read as follows:
3. The certificate of registration shall require that, before the
commencement of drilling of any well or wells, the water well driller
shall file a preliminary notice with the department; it shall also
provide that upon the completion of the drilling of any water well or
water wells, a completion report be filed with the department, giving
the log of the well, the size and depth thereof, the capacity of the
pump or pumps attached or to be attached thereto, and such other infor-
mation pertaining to the withdrawal of water and operation of such water
well or water wells as the department by its rules and regulations may
require. The water well driller shall provide a copy of such completion
report to the water well owner. The number of the certificate of regis-
tration must be displayed on the well drilling machinery of the regis-
trant. The certificate of registration shall also contain a notice to
the certificate holder that the business activities authorized by such
certificate are subject to the provisions of article thirty-six-A of the
general business law. [The fee for such certificate of registration
shall be ten dollars annually.] The commissioner shall promulgate a
water well completion report form which shall be utilized by all water
well drillers in satisfying the requirements of this section and any
other provision of state or local law which requires the submission of a
water well completion report or water well log.
S 2. This act shall take effect immediately.
PART AA
Section 1. Paragraph 4 of subdivision (a) of section 83 of the state
finance law, as amended by chapter 512 of the laws of 1994, is amended
to read as follows:
4. (i) There is hereby created a special account within the conserva-
tion fund to be known as the state fish and game trust account to
consist of all moneys received by the state from the sale of lifetime
hunting, fishing, trapping, archery and muzzle-loading licenses pursuant
to section 11-0702 of the environmental conservation law. The state
comptroller shall invest the moneys in such account in securities as
defined by section ninety-eight-a of this article, EXCEPT AS PROVIDED IN
SUBPARAGRAPH (III) OF THIS PARAGRAPH. Any income earned by the invest-
ment of such moneys, except income transferred to the conservation fund
pursuant to subparagraph (iii) of this paragraph, shall be added to and
become a part of, and shall be used for the purposes of such account.
(ii) The state comptroller shall provide an annual report of the trust
account which lists the amount of the principal, THE PRINCIPAL TRANS-
FERRED TO THE HABITAT CONSERVATION AND ACCESS ACCOUNT PURSUANT TO
SUBPARAGRAPH (III) OF THIS PARAGRAPH, the earned income, the earned
income accrued to the principal, and the earned income transferred to
the conservation fund pursuant to subparagraph (iii) of this paragraph
not later than April tenth of each year for the state fiscal year ending
the immediately preceding March thirty-first. A copy of such report
shall be transmitted, forthwith, to the director of the division of the
budget, the chairman of the senate finance committee, the chairman of
the assembly ways and means committee, the commissioner of the depart-
ment of environmental conservation and each of the eleven members of the
conservation fund advisory [council] BOARD, created pursuant to section
S. 4208 31
[seven hundred] 11-0327 of the [executive] ENVIRONMENTAL CONSERVATION
law.
(iii) Earned income from the sale of all lifetime licenses, except
income earned on the proceeds of the sale of a lifetime license during
the period from sale of such license until April first of the year
following one full year of deposit of the proceeds of the sale of such
lifetime license, shall be available for deposit within the conservation
fund pursuant to paragraph one of this subdivision in an amount equal to
the cost of the appropriate annual license. The earned income which
exceeds the current cost of each annual license comparable to the life-
time license, shall be added to the trust account as principal. The
earned income from lifetime licenses issued to persons who are under the
legal age to implement such licenses shall be added to the trust account
as principal until such person becomes of legal age to hunt, fish or
trap. BEGINNING APRIL FIRST, TWO THOUSAND FIFTEEN, UP TO ONE MILLION
FIVE HUNDRED THOUSAND DOLLARS ANNUALLY FROM THE STATE FISH AND GAME
TRUST ACCOUNT SHALL BE AVAILABLE FOR DEPOSIT WITHIN THE HABITAT CONSER-
VATION AND ACCESS ACCOUNT ESTABLISHED PURSUANT TO SECTION EIGHTY-THREE-A
OF THIS ARTICLE.
S 2. Subdivision (h) of section 83 of the state finance law is
REPEALED.
S 3. The state finance law is amended by adding a new section 83-a to
read as follows:
S 83-A. HABITAT CONSERVATION AND ACCESS ACCOUNT. (A) THERE IS HEREBY
CREATED AN ACCOUNT WITHIN THE MISCELLANEOUS CAPITAL PROJECTS FUND, THE
HABITAT CONSERVATION AND ACCESS ACCOUNT. THE HABITAT CONSERVATION AND
ACCESS ACCOUNT SHALL CONSIST OF ALL MONEYS FROM FUNDS OF THE STATE FISH
AND GAME TRUST ACCOUNT AUTHORIZED TO BE DEPOSITED PURSUANT TO SUBPARA-
GRAPH (III) OF PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
OF THIS ARTICLE RECEIVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
FROM THE SALE OF LIFETIME LICENSES FOR HUNTING, TRAPPING, AND FISHING,
AND ALL MONEYS, REVENUES AND INTEREST THEREON RECEIVED AS A RESULT OF
THE APPLICATION OF SUBDIVISION SEVENTEEN OF SECTION 11-0305 OF THE ENVI-
RONMENTAL CONSERVATION LAW AUTHORIZING THE ISSUANCE AND SALE OF VOLUN-
TARY HABITAT STAMPS, OTHER THAN THE AMOUNT RETAINED BY THE ISSUING AGENT
OR OFFICER. THE HABITAT CONSERVATION AND ACCESS ACCOUNT SHALL BE
SUBJECT TO THE SAME RESTRICTIONS AND PROTECTIONS AS THE CONSERVATION
FUND.
(B) THESE MONEYS, AFTER APPROPRIATION BY THE LEGISLATURE, AND WITHIN
THE AMOUNTS SET FORTH AND FOR THE SEVERAL PURPOSES SPECIFIED, SHALL BE
AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE CAPI-
TAL EXPENSES ASSOCIATED WITH MANAGEMENT, PROTECTION, AND RESTORATION OF
FISH AND WILDLIFE HABITATS, AND IMPROVEMENT AND DEVELOPMENT OF PUBLIC
ACCESS FOR FISH AND WILDLIFE RELATED RECREATION.
(C) ALL PAYMENTS MADE FROM THE HABITAT CONSERVATION AND ACCESS ACCOUNT
SHALL BE MADE BY THE DEPARTMENT OF TAXATION AND FINANCE AFTER AUDIT AND
UPON WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION. AFTER APPROPRIATIONS MADE AVAILABLE FROM
THE HABITAT CONSERVATION AND ACCESS ACCOUNT SHALL CEASE TO HAVE FORCE
AND EFFECT, ANY BALANCES REMAINING UNEXPENDED AND NOT REQUIRED TO MEET
THE PROPER AND NECESSARY EXPENSES OF THE DIVISION OF FISH AND WILDLIFE
SHALL REVERT TO THE STATE FISH AND GAME TRUST ACCOUNT ESTABLISHED PURSU-
ANT TO PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE OF THIS
ARTICLE.
(D) NO FUNDS MAY BE TRANSFERRED OR USED IN ANY WAY WHICH WOULD RESULT
IN THE LOSS OF ELIGIBILITY FOR FEDERAL BENEFITS OR FEDERAL FUNDS PURSU-
S. 4208 32
ANT TO FEDERAL LAW, RULE, OR REGULATION AS ASSENTED TO IN CHAPTER SIX
HUNDRED EIGHTY-THREE OF THE LAWS OF NINETEEN HUNDRED THIRTY-EIGHT AND
CHAPTER SEVEN HUNDRED OF THE LAWS OF NINETEEN HUNDRED FIFTY-ONE.
S 4. Subdivision 17 of section 11-0305 of the environmental conserva-
tion law, as added by section 3 of part F of chapter 82 of the laws of
2002, is amended to read as follows:
17. To prepare or cause to be prepared voluntary habitat stamps and
furnish such stamps annually to license issuing agents and officers for
sale and issuance in the same manner as licenses and other types of
stamps. The department shall, by rule, establish the fee for the habitat
stamp which shall [not exceed] BE NO LESS THAN five dollars plus an
additional amount for the issuing agent or officer. The purchase of a
stamp is voluntary and a stamp need not be possessed in order to take
fish or wildlife.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015; provided,
however, that all funds in the habitat account of the conservation fund,
established pursuant to subdivision (h) of section 83 of the state
finance law, on the effective date of this act shall be transferred to
the habitat conservation and access account established pursuant to
section 83-a of the state finance law as added by section three of this
act.
PART BB
Section 1. Paragraph a of section 11.00 of the local finance law is
amended by adding a new subdivision 29-a to read as follows:
29-A. TRANSIT MOTOR VEHICLES. THE PURCHASE OF MUNICIPALLY OWNED OMNI-
BUS OR SIMILAR SURFACE TRANSIT MOTOR VEHICLES, TEN YEARS.
S 2. This act shall take effect immediately.
PART CC
Section 1. Section 155 of the vehicle and traffic law, as amended by
chapter 628 of the laws of 2002, is amended to read as follows:
S 155. Traffic infraction. The violation of any provision of this
chapter, except articles forty-seven and forty-eight, or of any law,
ordinance, order, rule or regulation regulating traffic which is not
declared by this chapter or other law of this state to be a misdemeanor
or a felony. A traffic infraction is not a crime and the punishment
imposed therefor shall not be deemed for any purpose a penal or criminal
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
S. 4208 33
section eighteen hundred five of this chapter and except as herein
otherwise expressly provided shall apply except that no jury trial shall
be allowed for traffic infractions. In those portions of Suffolk county
for which a district court has been established, and in cities having a
population in excess of two hundred thousand BUT LESS THAN TWO HUNDRED
TWENTY THOUSAND in which administrative tribunals have heretofore been
established AND IN CITIES HAVING A POPULATION IN EXCESS OF ONE MILLION
IN WHICH ADMINISTRATIVE TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, the
criminal courts of such cities or portions of Suffolk county in which a
district court has been established shall have jurisdiction to hear and
determine any complaint alleging a violation constituting a traffic
infraction, except that administrative tribunals heretofore established
in such cities or portions of Suffolk county in which a district court
has been established shall have jurisdiction to hear and determine any
charge of an offense which is a traffic infraction, except parking,
standing or stopping. In cities having a population in excess of two
hundred thousand in which administrative tribunals have heretofore been
established, and any such administrative tribunal established by the
city of Yonkers, the city of Peekskill, or the city of Syracuse, such
tribunals shall have jurisdiction to hear and determine any charge of an
offense which is a parking, standing or stopping violation. Any fine
imposed by an administrative tribunal shall be a civil penalty. For
purposes of arrest without a warrant, pursuant to article one hundred
forty of the criminal procedure law, a traffic infraction shall be
deemed an offense.
S 2. Subdivision 1 of section 225 of the vehicle and traffic law, as
amended by chapter 388 of the laws of 2012, is amended to read as
follows:
1. Notwithstanding any inconsistent provision of law, all violations
of this chapter or of a law, ordinance, order, rule or regulation relat-
ing to traffic, except parking, standing, stopping or pedestrian
offenses, which occur within a city having a population of two hundred
thousand or more BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which
administrative tribunals have heretofore been established, OR WITHIN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE
TRIBUNALS HAVE HERETOFORE, BEEN ESTABLISHED, and which are classified as
traffic infractions, may be heard and determined pursuant to the regu-
lations of the commissioner as provided in this article. Whenever a
crime and a traffic infraction arise out of the same transaction or
occurrence, a charge alleging both offenses may be made returnable
before the court having jurisdiction over the crime. Nothing herein
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
S. 4208 34
provisions of section ninety-nine-a of the state finance law, except
that the sum of four dollars for each violation occurring in such juris-
diction for which a complaint has been filed with the administrative
tribunal established pursuant to this article shall be retained by the
state. The amount distributed during the first three quarters to the
[cities] CITY of Rochester [and Buffalo] in any given fiscal year shall
not exceed seventy percent of the amount which will be otherwise paya-
ble. Provided, however, that if the full costs of administering this
article shall exceed the amounts received and retained by the state for
any period specified by the commissioner, then such additional sums as
shall be required to offset such costs shall be retained by the state
out of the penalties and forfeited security collected pursuant to this
article.
S 4. Section 370 of the general municipal law is amended by adding a
new subdivision 4 to read as follows:
4. THERE SHALL BE AN EXECUTIVE DEPARTMENT OF THE BUFFALO CITY GOVERN-
MENT KNOWN AS THE BUFFALO TRAFFIC VIOLATIONS AGENCY, WHICH SHALL OPERATE
UNDER THE DIRECTION AND CONTROL OF THE MAYOR.
S 5. Subdivision 2 of section 370-a of the general municipal law, as
amended by chapter 388 of the laws of 2012, is amended and a new subdi-
vision 1-a is added to read as follows:
1-A. "TRAFFIC VIOLATIONS AGENCY" SHALL MEAN AN EXECUTIVE DEPARTMENT OF
THE CITY OF BUFFALO ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION
THREE HUNDRED SEVENTY OF THIS ARTICLE TO ADMINISTER AND DISPOSE OF TRAF-
FIC INFRACTIONS AS AUTHORIZED PURSUANT TO THIS ARTICLE.
2. "Traffic prosecutor" shall mean an attorney duly admitted to prac-
tice law in the state of New York who, having been appointed and either
hired or retained pursuant to section three hundred seventy-four of this
article, has the responsibility of prosecuting any traffic and parking
infractions returnable before the Nassau county district court or the
Suffolk county district court OR ANY TRAFFIC INFRACTIONS RETURNABLE
BEFORE THE BUFFALO CITY COURT pursuant to the jurisdictional limitations
of section three hundred seventy-one of this article.
S 6. Section 371 of the general municipal law is amended by adding a
new subdivision 2-a to read as follows:
2-A. THE BUFFALO TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDIVI-
SION FOUR OF SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE, MAY BE
AUTHORIZED TO ASSIST THE BUFFALO CITY COURT IN THE DISPOSITION AND
ADMINISTRATION OF INFRACTIONS OF TRAFFIC LAWS, ORDINANCES, RULES AND
REGULATIONS EXCEPT THAT SUCH AGENCY SHALL NOT HAVE JURISDICTION OVER (A)
THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION ONE OF SECTION ELEVEN
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
S. 4208 35
TRAFFIC LAW, A VIOLATION OF SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, A VIOLATION OF PARAGRAPH (B)
OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE TRANSPORTATION LAW, A
VIOLATION OF CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVI-
SION TWO OF SECTION ONE HUNDRED FORTY OF THE TRANSPORTATION LAW, A
VIOLATION OF SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND
TRAFFIC LAW, A VIOLATION CONSTITUTING A PARKING, STOPPING, STANDING OR
PEDESTRIAN OFFENSE, A VIOLATION OF SUBDIVISION (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW OR ANY MISDEMEANOR OR
FELONY.
S 7. Section 371 of the general municipal law is amended by adding a
new subdivision 3-a to read as follows:
3-A. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
THE BUFFALO TRAFFIC VIOLATIONS AGENCY MAY BE PERMITTED TO ANSWER, WITHIN
A SPECIFIED TIME, AT THE TRAFFIC VIOLATIONS AGENCY EITHER IN PERSON OR
BY WRITTEN POWER OF ATTORNEY IN SUCH FORM AS MAY BE PRESCRIBED IN THE
ORDINANCE OR LOCAL LAW CREATING THE AGENCY, BY PAYING A PRESCRIBED FINE
AND, IN WRITING, WAIVING A HEARING IN COURT, PLEADING GUILTY TO THE
CHARGE OR A LESSER CHARGE AGREEABLE TO THE TRAFFIC PROSECUTOR AND THE
PERSON CHARGED WITH AN INFRACTION, AND AUTHORIZING THE PERSON IN CHARGE
OF THE AGENCY TO ENTER SUCH A PLEA AND ACCEPT PAYMENT OF SAID FINE.
ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY BY THE AGENCY
SHALL BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION, AND THE VIOLA-
TOR SHALL BE GIVEN A RECEIPT WHICH SO STATES. IF A PERSON CHARGED WITH A
TRAFFIC VIOLATION DOES NOT ANSWER AS HEREINBEFORE PRESCRIBED, WITHIN A
DESIGNATED TIME, THE AGENCY MAY CAUSE A COMPLAINT TO BE ENTERED AGAINST
HIM FORTHWITH AND A WARRANT TO BE ISSUED FOR HIS ARREST AND APPEARANCE
BEFORE THE COURT, SUCH SUMMONS TO BE PREDICATED UPON THE PERSONAL
SERVICE OF SAID SUMMONS UPON THE PERSON CHARGED WITH THE INFRACTION. ANY
PERSON WHO SHALL HAVE BEEN, WITHIN THE PRECEDING TWELVE MONTHS, GUILTY
OF THREE OR MORE VIOLATIONS, SHALL NOT BE PERMITTED TO APPEAR AND ANSWER
TO A SUBSEQUENT VIOLATION AT THE AGENCY, BUT MUST APPEAR IN COURT AT A
TIME SPECIFIED BY THE AGENCY. SUCH AGENCY SHALL NOT BE AUTHORIZED TO
DEPRIVE A PERSON OF HIS RIGHT TO COUNSEL OR TO PREVENT HIM FROM EXERCIS-
ING HIS RIGHT TO APPEAR IN COURT TO ANSWER TO, EXPLAIN, OR DEFEND ANY
CHARGE OF A VIOLATION OF ANY TRAFFIC LAW, ORDINANCE, RULE OR REGULATION.
S 8. Section 371 of the general municipal law is amended by adding a
new subdivision 4-a to read as follows:
4-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENAL-
TIES AND FORFEITURES COLLECTED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY
SHALL BE DISTRIBUTED AS PROVIDED IN SECTION EIGHTEEN HUNDRED THREE OF
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-
S. 4208 36
TION, EXCEPT THOSE DESCRIBED IN PARAGRAPHS (A), (B), (C), (D), (E), (F)
AND (G) OF SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVENTY-ONE OF
THIS ARTICLE, TO BE HEARD, TRIED OR OTHERWISE DISPOSED OF BY THE BUFFALO
CITY COURT. SUCH PERSONS SHALL BE KNOWN AS "TRAFFIC PROSECUTORS", AS
THAT TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE.
TRAFFIC PROSECUTORS SHALL HAVE THE SAME POWER AS A DISTRICT ATTORNEY
WOULD OTHERWISE HAVE IN THE PROSECUTION OF ANY TRAFFIC INFRACTION WHICH
MAY, PURSUANT TO THE JURISDICTIONAL PROVISIONS OF SECTION THREE HUNDRED
SEVENTY-ONE OF THIS ARTICLE, BE PROSECUTED BEFORE THE BUFFALO CITY COURT
IF THE TRAFFIC VIOLATION OCCURRED IN THE CITY OF BUFFALO. THE EXECUTIVE
DIRECTOR SHALL GIVE ACTIVE CONSIDERATION TO REQUIRING THAT SUCH TRAFFIC
PROSECUTORS SERVE ON A FULL-TIME BASIS. TRAFFIC PROSECUTORS ARE PROHIB-
ITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A TRAFFIC PROSECUTOR
IN ANY PART OF THE BUFFALO CITY COURT ON ANY MATTER RELATING TO TRAFFIC
VIOLATIONS AND ARE FURTHER PROHIBITED FROM APPEARING IN ANY CAPACITY
OTHER THAN AS A TRAFFIC PROSECUTOR IN ANY OTHER COURT OR ADMINISTRATIVE
TRIBUNAL ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
(B) THE MAYOR OF THE CITY OF BUFFALO SHALL APPOINT A PERSON TO SERVE
AS THE EXECUTIVE DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY
SUBJECT TO THE CONFIRMATION OF THE COMMON COUNCIL OF THE CITY OF
BUFFALO. THE EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE OVERSIGHT
AND ADMINISTRATION OF THE AGENCY. THE EXECUTIVE DIRECTOR IS PROHIBITED
FROM APPEARING IN ANY CAPACITY IN ANY PART OF THE BUFFALO CITY COURT ON
ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND IS FURTHER PROHIBITED FROM
APPEARING IN ANY CAPACITY IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL
ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
(C) IT SHALL BE A MISDEMEANOR FOR THE EXECUTIVE DIRECTOR, ANY TRAFFIC
PROSECUTOR OR ANY JUDICIAL HEARING OFFICER ASSIGNED TO HEAR TRAFFIC
VIOLATIONS CASES PURSUANT TO SECTION SIXTEEN HUNDRED NINETY OF THE VEHI-
CLE AND TRAFFIC LAW TO ESTABLISH ANY QUOTA OF TRAFFIC VIOLATION
CONVICTIONS WHICH MUST BE OBTAINED BY ANY TRAFFIC PROSECUTOR OR JUDICIAL
HEARING OFFICER. NOTHING CONTAINED HEREIN SHALL PROHIBIT THE TAKING OF
ANY JOB ACTION AGAINST A TRAFFIC PROSECUTOR OR JUDICIAL HEARING OFFICER
FOR FAILURE TO SATISFACTORILY PERFORM SUCH PROSECUTOR'S OR OFFICER'S JOB
ASSIGNMENT EXCEPT THAT THE EMPLOYMENT PRODUCTIVITY OF SUCH PROSECUTOR OR
OFFICER SHALL NOT BE MEASURED BY THE ATTAINMENT OR NONATTAINMENT OF ANY
CONVICTION QUOTA. FOR THE PURPOSES OF THIS SECTION A CONVICTION QUOTA
SHALL MEAN A SPECIFIC NUMBER OF CONVICTIONS WHICH MUST BE OBTAINED WITH-
IN A SPECIFIC TIME PERIOD.
(D) PURSUANT TO ARTICLE 20 OF THE BUFFALO CITY CHARTER, THE CITY OF
BUFFALO MAY APPROPRIATE THOSE MONIES WHICH, IN ITS SOLE DISCRETION, ARE
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:
S. 4208 37
a. electronic funds transfer;
b. remittance of funds by the justice court to the chief fiscal office
of the town or village, or, in the case of the Nassau and Suffolk coun-
ties traffic and parking violations agencies, to the county treasurer,
OR, IN THE CASE OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, TO THE CITY OF
BUFFALO COMPTROLLER, for distribution in accordance with instructions by
the comptroller; and/or
c. monthly, rather than quarterly, distribution of funds.
The comptroller may require such reporting and record keeping as he or
she deems necessary to ensure the proper distribution of moneys in
accordance with applicable laws. A justice court or the Nassau and
Suffolk counties traffic and parking violations agencies OR THE CITY OF
BUFFALO TRAFFIC VIOLATIONS AGENCY may utilize these procedures only when
permitted by the comptroller, and such permission, once given, may
subsequently be withdrawn by the comptroller on due notice.
S 11. Paragraph (c) of subdivision 4-a of section 510 of the vehicle
and traffic law, as added by section 10 of part J of chapter 62 of the
laws of 2003, is amended to read as follows:
(c) Upon receipt of notification from a traffic and parking violations
agency OR A TRAFFIC VIOLATIONS AGENCY of the failure of a person to
appear within sixty days of the return date or new subsequent adjourned
date, pursuant to an appearance ticket charging said person with a
violation of:
(i) any of the provisions of this chapter except one for parking,
stopping or standing and except those violations described in paragraphs
(a), (b), (d), (e) and (f) of subdivision two AND IN PARAGRAPHS (A),
(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
seventy-one of the general municipal law;
(ii) section five hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law;
(iii) section fourteen-f (except paragraph (b) of subdivision four of
section fourteen-f), two hundred eleven or two hundred twelve of the
transportation law; or
(iv) any lawful ordinance or regulation made by a local or public
authority relating to traffic (except one for parking, stopping or
standing) or the failure to pay a fine imposed for such a violation by a
traffic and parking violations agency OR A TRAFFIC VIOLATIONS AGENCY,
the commissioner or his or her agent may suspend the driver's license or
privileges of such person pending receipt of notice from the agency that
such person has appeared in response to such appearance ticket or has
paid such fine. Such suspension shall take effect no less than thirty
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
S. 4208 38
(a), (b), (d), (e) and (f) of subdivision two AND IN PARAGRAPHS (A),
(B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
seventy-one of the general municipal law;
(2) section five hundred two or subdivision (a) of section eighteen
hundred fifteen of the tax law;
(3) section fourteen-f (except paragraph (b) of subdivision four of
section fourteen-f), two hundred eleven or two hundred twelve of the
transportation law; or
(4) any lawful ordinance or regulation made by a local or public
authority relating to traffic (except one for parking, stopping or
standing);
the clerk thereof shall within ten days certify that fact to the commis-
sioner, in the manner and form prescribed by the commissioner, who shall
record the same in his or her office. Thereafter and upon the appearance
of any such person in response to such summons or the receipt of the
fine by the agency, the traffic and parking violations agency, THE TRAF-
FIC VIOLATIONS AGENCY or the clerk thereof shall forthwith certify that
fact to the commissioner, in the manner and form prescribed by the
commissioner; provided, however, no such certification shall be made
unless the traffic and parking violations agency OR THE TRAFFIC
VIOLATIONS AGENCY has collected the termination of suspension fee
required to be paid pursuant to paragraph (j-1) of subdivision two of
section five hundred three of this chapter.
S 13. The article heading of article 44-A of the vehicle and traffic
law, as amended by chapter 388 of the laws of 2012, is amended to read
as follows:
AUTHORITY OF THE NASSAU AND SUFFOLK
COUNTY DISTRICT COURT AND BUFFALO CITY COURT
JUDICIAL HEARING OFFICERS
S 14. The section heading of section 1690 of the vehicle and traffic
law, as amended by chapter 388 of the laws of 2012, is amended to read
as follows:
Authority of the Nassau county and Suffolk county district court judi-
cial hearing officers AND THE CITY OF BUFFALO JUDICIAL HEARING OFFICERS.
S 15. Section 1690 of the vehicle and traffic law is amended by adding
two new subdivisions 1-a and 4-a to read as follows:
1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE TRIAL OF A
TRAFFIC INFRACTION IS AUTHORIZED OR REQUIRED TO BE TRIED BEFORE THE
BUFFALO CITY COURT, AND SUCH TRAFFIC INFRACTION DOES NOT CONSTITUTE A
MISDEMEANOR, FELONY, VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-TWO, SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
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
S. 4208 39
OFFENSE, THE ADMINISTRATIVE JUDGE OF THE EIGHTH JUDICIAL DISTRICT MAY
ASSIGN JUDICIAL HEARING OFFICERS TO CONDUCT SUCH A TRIAL. SUCH JUDICIAL
HEARING OFFICERS SHALL: (I) BE RESIDENTS OF THE CITY OF BUFFALO; AND
(II) BE VILLAGE OR TOWN COURT JUSTICES, CITY COURT JUDGES OR RETIRED
JUDGES OR JUSTICES ALL OF WHICH SHALL HAVE AT LEAST TWO YEARS OF EXPERI-
ENCE CONDUCTING TRIALS OF TRAFFIC VIOLATIONS CASES; AND (III) BE ADMIT-
TED TO PRACTICE LAW IN THIS STATE; AND (IV) BE SELECTED FROM A LIST OF
RECOMMENDATIONS OF THE MAYOR OF THE CITY OF BUFFALO PROVIDED THAT THE
MAYOR SHALL GIVE AT LEAST THREE RECOMMENDATIONS FOR EACH JUDICIAL HEAR-
ING OFFICER ASSIGNMENT. WHERE SUCH ASSIGNMENT IS MADE, THE JUDICIAL
HEARING OFFICER SHALL ENTERTAIN THE CASE IN THE SAME MANNER AS A COURT
AND SHALL:
(A) DETERMINE ALL QUESTIONS OF LAW;
(B) ACT AS THE EXCLUSIVE TRIER OF ALL ISSUES OF FACT;
(C) RENDER A VERDICT;
(D) IMPOSE SENTENCE; OR
(E) DISPOSE OF THE CASE IN ANY MANNER PROVIDED BY LAW.
4-A. JUDICIAL HEARING OFFICERS ARE PROHIBITED FROM APPEARING IN ANY
CAPACITY OTHER THAN AS A JUDICIAL HEARING OFFICER IN ANY PART OF BUFFALO
CITY COURT ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND ARE FURTHER
PROHIBITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A JUDICIAL HEAR-
ING OFFICER IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL ON ANY MATTER
RELATING TO TRAFFIC VIOLATIONS.
S 16. Subdivision 5 of section 350.20 of the criminal procedure law,
as amended by chapter 388 of the laws of 2012, is amended to read as
follows:
5. Notwithstanding the provisions of subdivision one of this section,
for all proceedings before the district court of Nassau county the
administrative judge of Nassau county may, and for all proceedings
before the district court of Suffolk county, the administrative judge of
Suffolk county may, without the consent of the parties, assign matters
involving traffic and parking infractions except those described in
paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
three hundred seventy-one of the general municipal law to a judicial
hearing officer in accordance with the provisions of section sixteen
hundred ninety of the vehicle and traffic law AND FOR ALL PROCEEDINGS
BEFORE THE BUFFALO CITY COURT THE ADMINISTRATIVE JUDGE OF THE EIGHTH
JUDICIAL DISTRICT MAY, WITHOUT THE CONSENT OF THE PARTIES, ASSIGN
MATTERS INVOLVING TRAFFIC INFRACTIONS EXCEPT THOSE DESCRIBED IN PARA-
GRAPHS (A), (B), (C), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A OF
SECTION THREE HUNDRED SEVENTY-ONE OF THE GENERAL MUNICIPAL LAW TO A
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
S. 4208 40
providing for adequate notice consistent with due process of law to
respondents in such pending proceedings regarding the transfer of such
proceedings.
(ii) In no event shall any difficulty or delay resulting from the
transfer process, not caused by the respondent, increase the penalty
required of the respondent appearing before the court due to a transfer
of the traffic infraction proceeding or otherwise prejudice such
respondent. Respondents before the court due to a transfer of the traf-
fic infraction proceeding from an administrative tribunal to the court
that fail to appear shall be permitted at least one adjournment before
the penalties and procedures pursuant to subdivision 3 of section 226 of
the vehicle and traffic law shall be available. The presiding judge of
such court shall enter an order providing for adequate notice consistent
with due process of law to respondents, including notice of the penal-
ties and procedures available pursuant to subdivision 3 of section 226
of the vehicle and traffic law.
S 18. The executive director of the Buffalo traffic violations agency
shall issue on an annual basis, beginning eighteen months following the
creation of the Buffalo traffic violations agency pursuant to city of
Buffalo local law, a report detailing the progress, development and
operations of the traffic violations agency. The report shall be
provided to the governor, the temporary president of the senate, the
speaker of the assembly, the mayor of Buffalo, the common council of
Buffalo, the presiding judge of the Buffalo city court and the Erie
county district attorney.
S 19. This act shall take effect on May 1, 2015; provided, however,
that effective immediately the city of Buffalo is authorized to enact a
local law establishing a traffic violations agency in the city of
Buffalo; provided, however, that the provisions of sections four and
five of this act shall take effect on the same date as the enactment of
such local law, herein authorized, establishing a traffic violations
agency; provided, further, that if established, such agency and the city
of Buffalo shall comply with all the provisions of law set forth in this
act; provided, however, that the amendments made to section 371 of the
general municipal law, made by sections six, seven and eight of this
act, shall not affect the expiration of such section and be deemed to
expire therewith; and provided, further, that the city of Buffalo shall
notify the legislative bill drafting commission upon the occurrence of
the enactment of the local law provided for in this section in order
that the commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
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. Paragraph (a) of subdivision 1 of section 2281 of the vehi-
cle and traffic law, as amended by chapter 319 of the laws of 1997, is
amended to read as follows:
(a) "All terrain vehicle" or "ATV" means any self-propelled vehicle
which is manufactured for sale for operation primarily on off-highway
trails or off-highway competitions and only incidentally operated on
public highways providing that such vehicle does not exceed seventy
inches in width, or one thousand FIVE HUNDRED pounds dry weight.
Provided, however, this definition shall not include a "snowmobile" or
other self-propelled vehicles manufactured for off-highway use exclu-
S. 4208 41
sively designed for travel on snow or ice, steered by skis or runners
and supported in whole or in part by one or more skis, belts or cleats
which utilize an endless belt tread.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
PART EE
Section 1. Subdivisions 1, 2, 3, the opening paragraph and paragraph g
of subdivision 4, the opening paragraph and paragraph h of subdivision 5
and subdivisions 7, 9 and 10 of section 915 of the executive law, subdi-
vision 1 as amended by chapter 454 of the laws of 2001 and subdivision 2
and the opening paragraph of subdivision 5 as amended by chapter 842 of
the laws of 1981, subdivision 3, the opening paragraph and paragraph g
of subdivision 4, paragraph h of subdivision 5 and subdivisions 7, 9 and
10, as added by chapter 840 of the laws of 1981, are amended to read as
follows:
1. It is the intention of this article to offer the fullest possible
support by the state and its agencies to those local governments that
desire to revitalize their waterfronts. Accordingly, any local govern-
ment or two or more local governments acting jointly OR ANY SOIL AND
WATER CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERN-
MENT OR LOCAL GOVERNMENTS which has any portion of its jurisdiction
contiguous to the state's coastal waters or inland waterways and which
desires to participate may submit a waterfront revitalization program to
the secretary as herein provided.
2. The secretary may provide technical and financial assistance as
provided in sections nine hundred seventeen and nine hundred eighteen OF
THIS ARTICLE to any local government OR ANY SOIL AND WATER CONSERVATION
DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERN-
MENTS for the preparation of a waterfront revitalization program for the
purposes of this article.
3. A local government or two or more local governments acting jointly
OR ANY SOIL AND WATER CONSERVATION DISTRICT, ACTING IN COOPERATION WITH
A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS which intends to submit a water-
front revitalization program for the purposes of this article is strong-
ly encouraged to consult, during its preparation, with other entities
that may be affected by its program, including local governments, SOIL
AND WATER CONSERVATION DISTRICTS, county and regional agencies, appro-
priate port authorities, community based groups and state and federal
agencies. On request by the local government OR THE SOIL AND WATER
CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR
LOCAL GOVERNMENTS, the secretary shall take appropriate action to facil-
itate such consultation.
The secretary shall prepare and distribute guidelines and regulations
for local governments OR SOIL AND WATER CONSERVATION DISTRICTS desiring
to prepare, or cause to be prepared, a waterfront revitalization program
(hereinafter referred to as the "program"). Such guidelines shall
provide that the program will be consistent with the policies and
purposes of this article generally and shall include, but not be limited
to:
g. Specification of the adequate authority and capability of the local
government OR SOIL AND WATER CONSERVATION DISTRICT, ACTING IN COOPER-
ATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, to implement the
program.
S. 4208 42
The secretary shall approve any local government OR SOIL AND WATER
CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR
LOCAL GOVERNMENTS, waterfront revitalization program as eligible for the
benefits set forth in section nine hundred sixteen of this article if he
finds that such program will be consistent with coastal policies and
will achieve the waterfront revitalization purposes of this article. In
making such determination, the secretary shall find that the program
incorporates each of the following to an extent commensurate with the
particular circumstances of that local government OR SOIL AND WATER
CONSERVATION DISTRICT:
h. A statement identifying those elements of the program which can be
implemented by the local government OR SOIL AND WATER CONSERVATION
DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERN-
MENTS, unaided, and those that can only be implemented with the aid of
other levels of government or other agencies. Such statement shall
include those permit, license, certification or approval programs,
grant, loan, subsidy or other funding assistance programs, facilities
construction and planning programs which may affect the achievement of
the waterfront revitalization program.
7. Where there is a conflict between a submitted waterfront revitali-
zation program and any state or federal policy, at the request of the
local government, THE SOIL AND WATER CONSERVATION DISTRICT, ACTING IN
COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, or the state
or federal agency affected, the secretary shall attempt to reconcile and
resolve the differences between the submitted program and such policies
and shall meet with the local government, SOIL AND WATER CONSERVATION
DISTRICT and involved state and federal agencies to this end.
9. Before undertaking any action pursuant to any programs identified
pursuant to paragraph [(h)] H of subdivision five of [section nine
hundred fifteen of] this [article] SECTION the affected state agency
shall submit, through appropriate existing clearing house procedures
including but not limited to the state environmental quality review law,
information on the proposed action to THE local government OR SOIL AND
WATER CONSERVATION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERN-
MENT OR LOCAL GOVERNMENTS. The local government OR SOIL AND WATER
CONSERVATION DISTRICT shall identify potential conflicts and so notify
the secretary. Upon notification of the conflict, the secretary will
confer with the affected state agency and the local government OR SOIL
AND WATER CONSERVATION DISTRICT to modify the proposed action to be
consistent with the local plan.
10. Any local government OR SOIL AND WATER CONSERVATION DISTRICT,
ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS,
which has had a waterfront revitalization program approved pursuant to
this section may withdraw its program at any time by filing with the
secretary a copy of a resolution of its legislative body providing for
such withdrawal. Upon receipt of such resolution, the secretary shall
immediately notify all affected state agencies.
S 2. The opening paragraph of section 916 of the executive law, as
amended by chapter 366 of the laws of 1986, is amended to read as
follows:
In recognition of the state policy set forth in this article to
encourage the revitalization of waterfront areas in a manner consistent
with local objectives, the following benefits shall apply where a local
government OR SOIL AND WATER CONSERVATION DISTRICT waterfront revitali-
zation program has been approved pursuant to section nine hundred
fifteen [or section nine hundred fifteen-a] of this article.
S. 4208 43
S 3. Section 917 of the executive law, as added by chapter 840 of the
laws of 1981, is amended to read as follows:
S 917. Technical assistance. The secretary shall encourage and assist
local governments AND SOIL AND WATER CONSERVATION DISTRICTS, ACTING IN
COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, in the prepa-
ration of waterfront revitalization programs and in the administration
and implementation of approved programs. Such assistance shall be
provided on request by the local government OR SOIL AND WATER CONSERVA-
TION DISTRICT, ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL
GOVERNMENTS, and shall include, as may be deemed appropriate by the
secretary, the provision of maps, data, criteria, model implementation
provisions, and technical counsel and advice. In addition, the secretary
shall facilitate consultation and coordination among local, county,
regional, state and federal agencies and community based groups in
connection with the preparation and administration of approved water-
front revitalization programs, and to facilitate the development of
projects called for by approved programs.
S 4. Paragraphs a and b of subdivision 1 and subdivision 2 of section
918 of the executive law, as added by chapter 840 of the laws of 1981,
are amended to read as follows:
a. To any local governments, or to two or more local governments, OR
SOIL AND WATER CONSERVATION DISTRICTS, IN COOPERATION WITH A LOCAL
GOVERNMENT OR LOCAL GOVERNMENTS, for projects approved by the secretary
which lead to preparation of a waterfront revitalization program;
provided, however, that such grants shall not exceed fifty percent of
the approved cost of such projects;
b. To any local government, OR SOIL AND WATER CONSERVATION DISTRICTS,
ACTING IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS, or
local government agency for research, design, and other activities which
serve to facilitate construction projects provided for in an approved
waterfront revitalization program; provided, however, that such grants
shall not exceed ten percent of the estimated cost of such construction
project.
2. Funds available for the purposes of this section shall be allocated
in a fair and equitable manner; such allocation shall reflect the initi-
ative shown by local governments OR SOIL AND WATER CONSERVATION
DISTRICTS, IN COOPERATION WITH A LOCAL GOVERNMENT OR LOCAL GOVERNMENTS,
in preparing waterfront revitalization programs and in carrying them
out.
S 5. Subdivision 3 of section 920 of the executive law, as added by
chapter 840 of the laws of 1981, is amended to read as follows:
3. The secretary shall make this inventory available to state agen-
cies, local governments, SOIL AND WATER CONSERVATION DISTRICTS and the
public for planning purposes.
S 6. This act shall take effect immediately.
PART FF
Section 1. Section 904 of the labor law is amended by adding two new
subdivisions 2-a and 2-b to read as follows:
2-A. THE PROJECT NOTIFICATION FEE IMPOSED BY SUBDIVISION TWO OF THIS
SECTION SHALL BE WAIVED IF THE PROJECT IS BEING UNDERTAKEN BY OR ON
BEHALF OF A CITY, TOWN, VILLAGE, OR COUNTY THAT IS ABATING OR DEMOLISH-
ING A BUILDING THAT IS A PUBLIC NUISANCE OR UNSAFE. SUCH WAIVER SHALL
APPLY ONLY IF THE CITY, TOWN, VILLAGE OR COUNTY CERTIFIES IN WRITING
THAT THE PROJECT COST WILL EXCEED THE RESULTING VALUE OF THE PROPERTY.
S. 4208 44
2-B. THE PROJECT NOTIFICATION FEE IMPOSED BY SUBDIVISION TWO OF THIS
SECTION SHALL BE WAIVED IF THE PROJECT IS BEING UNDERTAKEN: (A) PURSUANT
TO A PLAN ADOPTED PURSUANT TO ARTICLE FIFTEEN OF THE GENERAL MUNICIPAL
LAW; (B) PURSUANT TO A PLAN ADOPTED PURSUANT TO ARTICLE EIGHTEEN-C OF
THE GENERAL MUNICIPAL LAW; OR (C) BY OR ON BEHALF OF A LAND BANK OPERAT-
ING PURSUANT TO ARTICLE SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
S 2. This act shall take effect immediately.
PART GG
Section 1. Subdivision 2 of section 904 of the labor law, as amended
by section 1 of part BB of chapter 57 of the laws of 2009, is amended to
read as follows:
2. Any contractor engaged in an asbestos project involving more than
two hundred sixty linear feet or more than one hundred sixty square feet
of asbestos or asbestos materials shall notify both the United States
Environmental Protection Agency, Region II, Air and Hazardous Material
Division and the commissioner in writing ten days prior to the commence-
ment of work on the project or, if emergency conditions make it impossi-
ble to provide ten days prior notice, as soon as practicable after iden-
tification of the project. The notice to the commissioner shall include
the following information: the name, address and asbestos handling
license number of the contractor working on the project; the address and
description of the building or area, including size, age and prior use
of the building or area; the amount of friable asbestos material present
in square feet and/or linear feet, if applicable; room designation
numbers or other local information where such asbestos material is found
unless such material is found throughout the entire structure; the sche-
duled starting and completion dates for removal; the procedures and
equipment, including ventilating systems that will be employed; any
additional information which the commissioner may require; and, EXCEPT
FOR CONTRACTORS EMPLOYED BY A MUNICIPALITY TO ENGAGE IN SUCH ASBESTOS
PROJECTS, shall be accompanied by a project notification fee as follows:
Project Size/Linear Feet Fee
260-429 $200
430-824 400
825-1649 1,000
1650 or more 2,000
Project Size/Square Feet Fee
160-259 $200
260-499 400
500-999 1,000
1000 or more 2,000
S 2. This act shall take effect immediately.
PART HH
Section 1. The tax law is amended by adding a new section 23-a to read
as follows:
S 23-A. ASBESTOS REMEDIATION CREDIT. (A) DEFINITIONS. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
S. 4208 45
(1) QUALIFIED STRUCTURE. "QUALIFIED STRUCTURE" SHALL MEAN (I) A BUILD-
ING, PRINCIPALLY USED BY THE TAXPAYER FOR RESIDENTIAL, INDUSTRIAL,
COMMERCIAL, RECREATIONAL OR ENVIRONMENTAL CONSERVATION PURPOSES, AND
(II) WHICH WAS ORIGINALLY PLACED IN SERVICE AT LEAST TWENTY-FIVE YEARS
PRIOR TO THE TAXABLE YEAR IN WHICH THE CREDIT IS CLAIMED.
(2) ELIGIBLE COSTS. "ELIGIBLE COSTS" SHALL MEAN ALL AMOUNTS PROPERLY
CHARGEABLE TO A CAPITAL ACCOUNT, WHICH ARE INCURRED IN DIRECT CONNECTION
TO ASBESTOS REMEDIATION OF A QUALIFIED ASBESTOS PROJECT.
(3) QUALIFIED ASBESTOS PROJECT. "QUALIFIED ASBESTOS PROJECT" SHALL BE
AN ASBESTOS PROJECT AS DEFINED IN SECTION NINE HUNDRED ONE OF THE LABOR
LAW AND UNDERTAKEN BY THE TAXPAYER, ON A QUALIFIED STRUCTURE, AND
COMPLETED PURSUANT TO THE APPLICABLE REGULATIONS AT PART FIFTY-SIX OF
TITLE TWELVE OF THE OFFICIAL COMPILATION OF RULES AND REGULATIONS OF THE
STATE.
(B) ASBESTOS REMEDIATION CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER
WHO HAS UNDERTAKEN A QUALIFIED ASBESTOS PROJECT ON A QUALIFIED STRUC-
TURE, AND WHO IS SUBJECT TO TAX UNDER ARTICLE NINE, NINE-A OR TWENTY-TWO
OF THIS CHAPTER, SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO
THE PROVISIONS REFERENCED IN SUBDIVISION (C) OF THIS SECTION.
(2) AMOUNT OF CREDIT. THE AMOUNT OF THE CREDIT SHALL BE TWENTY PERCENT
OF ALL ELIGIBLE COSTS WHICH ARE INCURRED IN THE TAXABLE YEAR, AS A
RESULT OF ASBESTOS REMEDIATION WITH A COMPLETED QUALIFIED ASBESTOS
PROJECT. THE CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR IN WHICH THE
QUALIFIED ASBESTOS PROJECT IS FIRST COMMENCED AND FOR THE NEXT TWO
SUCCEEDING TAXABLE YEARS. THE CREDIT AUTHORIZED PURSUANT TO THIS SECTION
SHALL NOT EXCEED THE TOTAL SUM OF ONE MILLION DOLLARS FOR THE THREE
TAXABLE YEARS ALLOWED AND CLAIMED. THE COSTS, EXPENSES AND OTHER AMOUNTS
FOR WHICH A CREDIT IS ALLOWED AND CLAIMED UNDER THIS SUBDIVISION SHALL
NOT BE USED IN THE CALCULATION OF ANY OTHER CREDIT ALLOWED UNDER THIS
CHAPTER.
(C) CROSS-REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
ARTICLE 9: SECTION 187-T.
ARTICLE 9-A: SECTION 210-B, SUBDIVISION 49.
ARTICLE 22: SECTION 606, SUBSECTIONS (I) AND (CCC).
S 2. The tax law is amended by adding a new section 187-t to read as
follows:
S 187-T. ASBESTOS REMEDIATION CREDIT. 1. ALLOWANCE OF CREDIT. A
TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
SECTION TWENTY-THREE-A OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY
THIS ARTICLE. PROVIDED, HOWEVER, THAT THE AMOUNT OF SUCH CREDIT ALLOW-
ABLE AGAINST THE TAX IMPOSED BY SECTION ONE HUNDRED EIGHTY-FOUR OF THIS
ARTICLE SHALL BE THE EXCESS OF THE AMOUNT OF SUCH CREDIT OVER THE AMOUNT
OF ANY CREDIT ALLOWED BY THIS SECTION AGAINST THE TAX IMPOSED BY SECTION
ONE HUNDRED EIGHTY-THREE OF THIS ARTICLE.
2. APPLICATION OF CREDIT. THE CREDIT UNDER THIS SECTION FOR ANY TAXA-
BLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE
APPLICABLE MINIMUM TAX PRESCRIBED BY THIS ARTICLE. IF, HOWEVER, THE
AMOUNT OF CREDIT ALLOWABLE UNDER THIS SECTION FOR ANY TAXABLE YEAR
REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN
SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND
EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
S. 4208 46
S 3. Section 210-B of the tax law is amended by adding a new subdivi-
sion 49 to read as follows:
49. ASBESTOS REMEDIATION CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER
WHO HAS UNDERTAKEN A QUALIFIED ASBESTOS PROJECT ON AN EXISTING STRUCTURE
SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION TWEN-
TY-THREE-A OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE.
(B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE HIGHER AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
THIS SECTION. HOWEVER, IF THE AMOUNT OF CREDITS ALLOWED UNDER THIS
SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY
AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE
TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORD-
ANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS
CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION
ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST
SHALL BE PAID THEREON.
S 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (xli) to read as
follows:
(XLI) ASBESTOS REMEDIATION AMOUNT OF CREDIT UNDER
CREDIT UNDER SUBSECTION (CCC) SUBDIVISION FORTY-NINE OF
SECTION TWO HUNDRED TEN-B
S 5. Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
(CCC) ASBESTOS REMEDIATION CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER
WHO HAS UNDERTAKEN A QUALIFIED ASBESTOS PROJECT ON AN EXISTING STRUCTURE
SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION TWEN-
TY-THREE-A OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE.
(2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST
SHALL BE PAID THEREON.
S 6. This act shall take effect immediately and shall apply to taxable
years commencing on or after such date.
PART II
Section 1. The soil and water conservation districts law is amended by
adding a new section 4-a to read as follows:
S 4-A. DRAIN TILE REVOLVING LOAN PROGRAM. 1. THE SOIL AND WATER
CONSERVATION COMMITTEE SHALL ESTABLISH AND MAINTAIN A DRAIN TILE REVOLV-
ING LOAN PROGRAM TO PROVIDE LOW INTEREST LOANS TO FARMERS FOR THE
PURPOSE OF ENHANCING THEIR FARM FIELDS WITH DRAIN TILE. SUCH PROGRAM
SHALL PROVIDE LOW INTEREST LOANS TO FARMERS FOR SUCH DRAIN TILE PROJECTS
AS THE COMMITTEE SHALL DEEM TO BE ELIGIBLE PURSUANT TO RULE OR REGU-
LATION.
2. THE COMMITTEE SHALL PROMULGATE RULES AND REGULATIONS FOR THE
PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION, INCLUDING ESTAB-
LISHING:
A. AN APPLICATION PROCESS WHEREBY FARMERS MAY APPLY FOR LOANS;
B. CRITERIA AND STANDARDS FOR DETERMINING A FARMER'S ELIGIBILITY FOR A
LOAN;
S. 4208 47
C. CRITERIA AND STANDARDS FOR DETERMINING THE PRIORITY TO BE GRANTED
AMONG DRAIN TILE PROJECTS;
D. CRITERIA AND STANDARDS FOR DETERMINING THE AMOUNT OF FINANCIAL
ASSISTANCE TO BE PROVIDED TO A FARMER FOR A DRAIN TILE PROJECT; AND
E. CRITERIA AND STANDARDS TO BE USED IN DETERMINING THE LOAN REPAYMENT
PERIODS AND THE TERMS OF ANY REPAYMENT AGREEMENTS.
3. THE AMOUNT OF FUNDS IN THE DRAIN TILE REVOLVING LOAN PROGRAM SHALL
BE SUBJECT TO A BUDGETARY APPROPRIATION.
4. THE COMMITTEE MAY PROVIDE LOW INTEREST LOANS TO FARMERS WITHIN THE
AMOUNTS AVAILABLE IN THE DRAIN TILE REVOLVING LOAN FUND ESTABLISHED
PURSUANT TO THIS SECTION.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that any rules and regu-
lations necessary to implement the provisions of this act on its effec-
tive date are authorized to be made on or before such date.
PART JJ
Section 1. Paragraph (a) of subdivision 1 of section 11-a of the soil
and water conservation districts law, as amended by chapter 316 of the
laws of 2012, is amended to read as follows:
(a) Reimburse each soil and water conservation district to the extent
of fifty percent of the amount expended by the district for the items
specified in this paragraph, up to sixty thousand dollars per district
in any fiscal year. Reimbursement pursuant to this paragraph shall be
limited to: expenditures for the employment of conservation field tech-
nicians or district managers[,]; RENT, BUILDING EXPENSES AND THE COST OF
UTILITIES; and the purchase of supplies and equipment related to [these]
SUCH positions, for the purpose of supervising or providing technical
assistance for the establishment and implementation of soil and water
conservation practices in accordance with programs undertaken by the
district. At the end of each calendar year, verified and detailed claims
for such reimbursement shall be submitted to the state soil and water
conservation committee in such form and manner and containing such
information as the state soil and water conservation committee, the
commissioner of agriculture and markets and the state comptroller may
require. Notwithstanding any other provision of this chapter, the soil
and water conservation district of New York city shall be considered the
equivalent of five districts when reimbursed in accordance with the
provisions of this paragraph.
S 2. This act shall take effect immediately.
PART KK
Section 1. Section 19-0323 of the environmental conservation law, as
added by chapter 629 of the laws of 2006, subdivisions 3 and 5 as
amended by section 1 and subdivision 7 as amended by section 2 of part
DD of chapter 57 of the laws of 2014, and subdivisions 6 and 8 as renum-
bered by section 1 of part C of chapter 59 of the laws of 2010, is
amended to read as follows:
S 19-0323. Use of ultra low sulfur diesel fuel and best available tech-
nology by the state.
1. As used in this section, the terms:
a. "Ultra low sulfur diesel fuel" means diesel fuel having sulfur
content of 0.0015 [per cent] PERCENT of sulfur or less.
S. 4208 48
b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle
powered by diesel fuel and having a gross vehicle weight of greater than
8,500 pounds, except that those vehicles defined in section 101 of the
vehicle and traffic law, paragraph 2 of schedule E and paragraph (a) of
schedule F of subdivision 7 of section 401 of such law, and vehicles
specified in subdivision 13 of section 401 of such law, and farm type
tractors and all terrain type vehicles used exclusively for agricultural
or mowing purposes, or for snow plowing, other than for hire, farm
equipment, including self-propelled machines used exclusively in grow-
ing, harvesting or handling farm produce, and self-propelled caterpillar
or crawler-type equipment while being operated on the contract site, and
timber harvesting equipment such as harvesters, wood chippers, forward-
ers, log skidders, and other processing equipment used exclusively off
highway for timber harvesting and logging purposes, shall not be deemed
heavy duty vehicles for purposes of this section. This term shall not
include vehicles that are specially equipped for emergency response by
the department, office of emergency management, sheriff's office of the
department of finance, police department or fire department.
c. "Best available retrofit technology" means technology, verified by
the United States environmental protection agency for reducing the emis-
sion of pollutants that achieves reductions in particulate matter emis-
sions at the highest classification level for diesel emission control
strategies that is applicable to the particular engine and application.
Such technology shall also, at a reasonable cost, achieve the greatest
reduction in emissions of nitrogen oxides at such particulate matter
reduction level and shall in no event result in a net increase in the
emissions of either particulate matter or nitrogen oxides.
d. "Reasonable cost" means that such technology does not cost greater
than 30 percent more than other technology applicable to the particular
engine and application that falls within the same classification level
for diesel emission control strategies, as set forth in paragraph c of
this subdivision, when considering the cost of the strategies, them-
selves, and the cost of installation.
2. Any diesel powered heavy duty vehicle that is owned by, operated by
or on behalf of, or leased by a state agency and state and regional
public authority shall be powered by ultra low sulfur diesel fuel.
3. Any diesel powered heavy duty vehicle that is owned by, operated by
[or on behalf of,] or leased by a state agency and state and regional
public authority with more than half of its governing body appointed by
the governor shall utilize the best available retrofit technology for
reducing the emission of pollutants. The commissioner shall promulgate
regulations for the implementation of this subdivision specifying that
all vehicles covered by this subdivision shall have best available
retrofit technology on or before December 31, [2015] 2017.
This subdivision shall not apply to any vehicle subject to a lease or
public works contract entered into or renewed prior to the effective
date of this section.
4. In addition to other provisions for regulations in this section,
the commissioner shall promulgate regulations as necessary and appropri-
ate to carry out the provisions of this act including but not limited to
provision for waivers upon written finding by the commissioner that (a)
best available retrofit technology for reducing the emissions of pollu-
tants as required by subdivision 3 of this section is not available for
a particular vehicle or class of vehicles and (b) that ultra low sulfur
diesel fuel is not available.
S. 4208 49
5. In addition to any waiver which may be issued pursuant to subdivi-
sion four of this section, the department shall issue a waiver to a
state agency[,] OR a state or regional public authority[, or a person
operating any diesel-powered heavy duty vehicle on behalf of a state
agency, state or regional public authority,] upon a request in a form
acceptable to the department for a waiver from the provisions of subdi-
vision three of this section for a vehicle engine provided that such
vehicle engine will cease to be used in the state on or before December
thirty-first, two thousand [sixteen] TWENTY. Any waiver issued pursuant
to this subdivision shall expire when a state agency[, a state or
regional public authority, or a person operating any diesel-powered
heavy duty vehicle on behalf of a state agency,] OR A state or regional
public authority ceases to use the engine in the state but not later
than December thirty-first, two thousand [sixteen] TWENTY.
6. This section shall not apply where federal law or funding precludes
the state from imposing the requirements of this section.
7. On or before January 1, 2008 and every year thereafter, the commis-
sioner shall report to the governor and legislature on the use of ultra
low sulfur diesel fuel. On or before January 1, [2016] 2018 and every
year thereafter, the commissioner shall include in the report to the
governor and legislature the use of the best available retrofit technol-
ogy as required under this section. The information contained in this
report shall include, but not be limited to, for each state agency and
public authority covered by this section: (a) the total number of diesel
fuel-powered motor vehicles owned or operated by such agency and author-
ity; (b) the number of such motor vehicles that were powered by ultra
low sulfur diesel fuel; (c) the total number of diesel fuel-powered
motor vehicles owned or operated by such agency and authority having a
gross vehicle weight rating of more than 8,500 pounds; (d) the number of
such motor vehicles that utilized the best available retrofit technolo-
gy, including a breakdown by motor vehicle model, engine year and the
type of technology used for each vehicle; (e) the number of such motor
vehicles that are equipped with an engine certified to the applicable
2007 United States environmental protection agency standard for particu-
late matter as set forth in section 86.007-11 of title 40 of the code of
federal regulations or to any subsequent United States environmental
protection agency standard for particulate matter that is at least as
stringent; and (f) all waivers, findings, and renewals of such findings,
which, for each waiver, shall include, but not be limited to, the quan-
tity of diesel fuel needed to power diesel fuel-powered motor vehicles
owned or operated by such agency and authority; specific information
concerning the availability of ultra low sulfur diesel fuel.
8. The department shall, to the extent practicable, coordinate with
regions which have proposed or adopted heavy duty emission inspection
programs to promote regional consistency in such programs.
S 2. This act shall take effect immediately.
PART LL
Section 1. The public authorities law is amended by adding a new
section 2858 to read as follows:
S 2858. EXEMPTIONS FROM TOLLS. 1. ANY PUBLIC AUTHORITY UNDER TITLE
NINE OF ARTICLE TWO, TITLE TWO OF ARTICLE THREE OR TITLE THREE OF ARTI-
CLE THREE OF THIS CHAPTER, SHALL PROVIDE AN EXEMPTION FROM ANY TOLL
IMPOSED BY SUCH AUTHORITY FOR TRANSPORTATION ACROSS, ON OR THROUGH ANY
BRIDGE, ROAD OR TUNNEL, FOR ANY FARMER OR FOOD PRODUCER WHO:
S. 4208 50
A. FARMS OR PRODUCES FOOD, INCLUDING FISH AND FISH PRODUCTS, ON A
PROPERTY LOCATED IN THE STATE; AND
B. IS TRANSPORTING SUCH FOOD TO THE CITY OF NEW YORK FOR THE PURPOSES
OF CONSUMPTION WITHIN SUCH CITY.
2. ANY PERSON EXEMPT FROM A TOLL PURSUANT TO SUBDIVISION ONE OF THIS
SECTION SHALL ALSO BE EXEMPT FROM ANY CONGESTION PRICING PLAN IMPLE-
MENTED IN THE CITY OF NEW YORK.
3. THE NEW YORK STATE THRUWAY AUTHORITY SHALL ESTABLISH ACCEPTABLE
FORMS OF PROOF TO SHOW THAT AN INDIVIDUAL DOES, IN FACT, COMPLY WITH
PARAGRAPHS A AND B OF SUBDIVISION ONE OF THIS SECTION.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART MM
Section 1. Section 328 of the agriculture and markets law is amended
by adding a new subdivision 5 to read as follows:
5. "BEGINNING FARMER" SHALL MEAN A FARMER WHO HAS NOT PRODUCED AN
"AGRICULTURAL PRODUCT" AS DEFINED IN THIS SECTION, FOR MORE THAN TEN
CONSECUTIVE YEARS, AND WHO WILL MATERIALLY AND SUBSTANTIALLY PARTICIPATE
IN THE PRODUCTION OF AN AGRICULTURAL PRODUCT WITHIN A REGION OF THE
STATE.
S 2. The agriculture and markets law is amended by adding a new
section 330-a to read as follows:
S 330-A. BEGINNING FARMER REVOLVING LOAN PROGRAM. 1. THE COMMISSIONER
SHALL ESTABLISH AND MAINTAIN A BEGINNING FARMER REVOLVING LOAN PROGRAM
TO PROVIDE LOW INTEREST LOANS TO BEGINNING FARMERS FOR THE PURPOSES OF
SUPPORTING BEGINNING FARMERS, ENCOURAGING THE GROWTH OF SMALL AGRIBUSI-
NESS, PRESERVING FARMLAND AS A WORKING AGRICULTURAL LANDSCAPE, AND
PROVIDING OPEN SPACE BENEFITS FOR ALL RESIDENTS OF THE STATE. PROPERLY
MANAGED FARMLAND HAS BEEN DEMONSTRATED TO BE THE BEST ENVIRONMENTAL
USAGE OF LAND FOR WATERSHED PROTECTION, SO IT IS IN THE BEST INTEREST OF
THE STATE TO MAINTAIN AGRICULTURAL LAND. SUCH PROGRAM SHALL, FROM ANY
APPROPRIATION MADE AVAILABLE FOR THIS PURPOSE, PROVIDE LOW INTEREST
LOANS TO BEGINNING FARMERS AS THE COMMISSIONER SHALL DEEM TO BE ELIGIBLE
PURSUANT TO RULE OR REGULATION.
2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS FOR THE
PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION, INCLUDING ESTAB-
LISHING:
A. AN APPLICATION PROCESS WHEREBY BEGINNING FARMERS MAY APPLY FOR
LOANS;
B. CRITERIA AND STANDARDS FOR DETERMINING A BEGINNING FARMER'S ELIGI-
BILITY FOR A LOAN;
C. CRITERIA AND STANDARDS FOR DETERMINING THE PRIORITY TO BE GRANTED
AMONG BEGINNING FARMER APPLICANTS;
D. CRITERIA AND STANDARDS FOR DETERMINING THE AMOUNT OF FINANCIAL
ASSISTANCE TO BE PROVIDED TO A BEGINNING FARMER; AND
E. CRITERIA AND STANDARDS TO BE USED IN DETERMINING THE LOAN REPAYMENT
PERIODS AND THE TERMS OF ANY REPAYMENT AGREEMENT.
S 3. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided, however, that
any rules and regulations necessary to implement the provisions of this
act on its effective date are authorized to be made on or before such
date.
PART NN
S. 4208 51
Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 2-e to read as follows:
2-E. AID IN EFFORTS SUPPORTING THE SUCCESSFUL TRANSFER OF VIABLE AGRI-
CULTURAL LAND FROM EXISTING OWNERS TO NEW OWNERS AND OPERATORS, ESPE-
CIALLY BEGINNING FARMERS.
S 2. Subdivision 5 of section 309 of the agriculture and markets law,
as added by chapter 79 of the laws of 1980, is amended to read as
follows:
5. The advisory council on agriculture shall advise the commissioner
and other state agency heads on state government plans, policies and
programs affecting farming and the agricultural industry of this state
INCLUDING, BUT NOT LIMITED TO, ADVICE REGARDING TAX, FINANCIAL ASSIST-
ANCE AND OTHER POLICIES AND PROGRAMS THAT COULD ADDRESS THE NEEDS OF
BEGINNING FARMERS AND ISSUES RELATED TO TRANSFER OF OWNERSHIP OF FARMS.
Concerned state agencies shall be encouraged to establish a working
relationship with the council and shall fully cooperate with the council
in any requests it shall make.
S 3. Subdivision 6 of section 323 of the agriculture and markets law,
as amended by chapter 150 of the laws of 2013, is amended to read as
follows:
6. reporting biennially to the governor and the legislature regarding
the activities of the commissioner, INCLUDING EFFORTS TO ENHANCE ACCESS
TO VIABLE AGRICULTURAL LAND FOR NEW AND BEGINNING FARMERS, the types of
technical assistance rendered to county agricultural and farmland
protection boards, municipalities, soil and water conservation districts
and not-for-profit conservation organizations, and the need to protect
the state's agricultural economy and land resources.
S 4. The agriculture and markets law is amended by adding a new
section 329-a to read as follows:
S 329-A. FARMLAND AVAILABILITY INFORMATION. 1. THE DEPARTMENT SHALL
COLLECT AND COMPILE INFORMATION ABOUT PUBLIC LAND THAT IS VIABLE FOR
FARMING AND IS AVAILABLE FOR PURCHASE OR LEASE FOR FARMING AND MAKE
AVAILABLE SUCH INFORMATION, INCLUDING CONTACT INFORMATION FOR THE OFFICE
OF GENERAL SERVICES, OTHER STATE AGENCIES, MUNICIPALITIES, AND OTHER
GOVERNMENTAL ENTITIES OFFERING SUCH LAND, ON ITS INTERNET WEBSITE. THE
DEPARTMENT SHALL PROVIDE GUIDANCE AND ASSISTANCE TO THE OFFICE OF GENER-
AL SERVICES, OTHER STATE AGENCIES, MUNICIPALITIES AND OTHER GOVERNMENTAL
ORGANIZATIONS THAT REQUEST SUCH ASSISTANCE, IN IDENTIFYING LAND THAT IS
VIABLE FOR FARMING.
2. THE DEPARTMENT MAY ALSO MAKE AVAILABLE SIMILAR INFORMATION ABOUT
PRIVATE LAND AVAILABLE FOR PURCHASE OR LEASE FOR FARMING, INCLUDING
CONTACT INFORMATION FOR THE OWNERS OF SUCH LAND.
S 5. Section 2 of the public lands law is amended by adding two new
subdivisions 2-a and 2-b to read as follows:
2-A. STATE-OWNED REAL PROPERTY INVENTORY; FARMING. A. THE COMMISSIONER
OF GENERAL SERVICES IS AUTHORIZED AND DIRECTED TO DEVELOP AN INVENTORY,
IN COOPERATION WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, OF
STATE-OWNED REAL PROPERTY THAT MAY BE VIABLE FOR FARMING.
B. IF THE COMMISSIONER DETERMINES THAT ANY OF SUCH PROPERTY SHOULD BE
MADE AVAILABLE FOR PURCHASE OR LEASE FOR FARMING THEN SUCH INFORMATION
SHALL BE PROVIDED TO THE DEPARTMENT OF AGRICULTURE AND MARKETS FOR THE
FARMLAND AVAILABILITY INFORMATION PROGRAM, PROVIDED, HOWEVER, THAT IF
THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF AGRICULTURE
AND MARKETS, DETERMINES THAT ANY OF SUCH PROPERTY SHOULD BE PROTECTED
AND PRESERVED USING ARTICLE TWENTY-FIVE-AAA OF THE AGRICULTURE AND
MARKETS LAW THEN INFORMATION ABOUT SUCH PROPERTY SHALL NOT BE PROVIDED
S. 4208 52
FOR THE FARMLAND AVAILABILITY INFORMATION PROGRAM UNTIL A REVIEW OF THE
MERITS AND FEASIBILITY OF PRESERVING SUCH PROPERTY USING SUCH ARTICLE
HAS BEEN CONSIDERED.
2-B. REPORT. THE COMMISSIONER SHALL REPORT TO THE GOVERNOR AND THE
LEGISLATURE WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION
ON:
A. THE INVENTORY OF STATE-OWNED REAL PROPERTY THAT MAY BE VIABLE FOR
FARMING CONDUCTED PURSUANT TO SUBDIVISION TWO-A OF THIS SECTION;
B. THE FEASIBILITY OF, AND BARRIERS TO, SELLING, LEASING OR USING SUCH
PROPERTY FOR FARMING;
C. THE FEASIBILITY OF USING ARTICLE TWENTY-FIVE-AAA OF AGRICULTURE AND
MARKETS LAW TO PROTECT AND PRESERVE SUCH LAND FOR FARMING WHEN SUCH LAND
IS SOLD; AND
D. ANY CONCERNS RELATED TO SELLING OR LEASING SUCH PROPERTY FOR FARM-
ING, INCLUDING, BUT NOT LIMITED TO, THE TYPES OF FARMING ACTIVITIES THAT
MAY BE APPROPRIATE AND THE ENVIRONMENTAL AND COMMUNITY IMPACTS OF FARM-
ING SUCH PROPERTIES.
S 6. Section 2 of the public lands law is amended by adding a new
subdivision 3-a to read as follows:
3-A. LAND VIABLE FOR FARMING; IDENTIFICATION. THE COMMISSIONER OF
GENERAL SERVICES IS AUTHORIZED AND DIRECTED, AS PART OF THE STATE-OWNED
REAL PROPERTY MANAGEMENT PROGRAM, TO WORK WITH STATE AGENCIES TO IDENTI-
FY LAND THAT MAY BE VIABLE FOR FARMING AND MAY BE MADE AVAILABLE FOR
PURCHASE OR LEASE FOR FARMING.
S 7. This act shall take effect immediately.
PART OO
Section 1. Paragraph gg of subdivision 4 of section 1950 of the educa-
tion law, as amended by chapter 301 of the laws of 1996, is amended to
read as follows:
gg. (1) Notwithstanding any other provision of law, a board of cooper-
ative educational services may provide training for employment to adults
on a space available basis, with consideration given to occupations and
industries in demand, and establish reduced adult tuition rates for such
training. For the purposes of this section, training for employment for
adults shall be offered through state approved sequences or parts there-
of of secondary career education instruction. Adults may participate in
such instruction and be awarded certificates of completion, but they may
not earn credit based on their participation towards a high school
diploma. Pursuant to section forty-six hundred two of this chapter, a
board of cooperative educational services may establish such reduced
rates for participation of adults provided that participation is limited
to assigned instructional staff and currently used facilities in sched-
uled secondary career education programs, and provided further that such
rates may not be less than fifty percent of the tuition rates charged to
school districts for the participation of secondary students in the same
programs, unless waived by the commissioner based on application of the
board of cooperative educational services. This participation of adults
at reduced tuition rates shall be in accordance with terms agreed upon
by the board of cooperative educational services and the component
school districts receiving such services but in no case shall such rates
result in extraordinary costs assigned to such component school
districts. Boards of cooperative educational services which provide such
training to adults shall submit to the commissioner annually a report
which shall include but not be limited to the number of adults served,
S. 4208 53
referral source, training sequences or parts thereof taken by adult
participants, the tuition rates charged to them, and the gross revenues
realized therefrom. For the purpose of this paragraph, "adult" shall
mean any person under the age of twenty-one who has received a high
school diploma or any person twenty-one years of age or older, whether
or not they have received a high school diploma.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO SUPERVISE, ENCOUR-
AGE AND PROMOTE A YOUNG FARMER APPRENTICE PROGRAM WITHIN NEW YORK STATE
AND TO ESTABLISH SUGGESTED STANDARDS FOR APPRENTICESHIP AGREEMENTS
BETWEEN PROSPECTIVE YOUNG FARMERS AND NEW YORK STATE AGRICULTURAL ENTER-
PRISES.
S 2. This act shall take effect immediately.
PART PP
Section 1. Short title. This act shall be known and may be cited as
the "bridge and road investment and dedicated fund guaranteed enforce-
ment (BRIDGE) reform act".
S 2. Paragraph a of subdivision 5 of section 89-b of the state finance
law, as amended by section 10 of part C of chapter 57 of the laws of
2014, is amended to read as follows:
a. Moneys in the dedicated highway and bridge trust fund shall,
following appropriation by the legislature, be utilized for: recon-
struction, replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village roads, highways,
parkways, and bridges thereon, to restore such facilities to their
intended functions; construction, reconstruction, enhancement and
improvement of state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for traffic mitigation activities; aviation
projects authorized pursuant to section fourteen-j of the transportation
law and for payments to the general debt service fund of amounts equal
to amounts required for service contract payments related to aviation
projects as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged in transportation construction and recon-
struction projects, including a revolving fund for working capital
loans, and a bonding guarantee assistance program in accordance with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion of real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and bridges meet or
exceed their optimum useful life; [expenses of control of snow and ice
on state highways by the department of transportation including but not
limited to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and for expenses of arterial maintenance
agreements with cities pursuant to section three hundred forty-nine of
the highway law;] personal services, nonpersonal services, and fringe
benefit costs of the department of transportation for bus safety
inspection activities, rail safety inspection activities, and truck
safety inspection activities; [costs of the department of motor vehi-
cles, including but not limited to personal and nonpersonal services;]
S. 4208 54
costs of engineering and administrative services of the department of
transportation, including but not limited to fringe benefits; the
contract services provided by private firms in accordance with section
fourteen of the transportation law; personal services and nonpersonal
services, for activities including but not limited to the preparation of
designs, plans, specifications and estimates; construction management
and supervision activities; costs of appraisals, surveys, testing and
environmental impact statements for transportation projects; expenses in
connection with buildings, equipment, materials and facilities used or
useful in connection with the maintenance, operation, and repair of
highways, parkways and bridges thereon; and project costs for:
construction, reconstruction, improvement, reconditioning and preserva-
tion of rail freight facilities and intercity rail passenger facilities
and equipment; construction, reconstruction, improvement, reconditioning
and preservation of state, municipal and privately owned ports;
construction, reconstruction, improvement, reconditioning and preserva-
tion of municipal airports; privately owned airports and aviation capi-
tal facilities, excluding airports operated by the state or operated by
a bi-state municipal corporate instrumentality for which federal funding
is not available provided the project is consistent with an approved
airport layout plan; and construction, reconstruction, enhancement,
improvement, replacement, reconditioning, restoration, rehabilitation
and preservation of state, county, town, city and village roads, high-
ways, parkways and bridges; and construction, reconstruction, improve-
ment, reconditioning and preservation of fixed ferry facilities of
municipal and privately owned ferry lines for transportation purposes,
and the payment of debt service required on any bonds, notes or other
obligations and related expenses for highway, parkway, bridge and
project costs for: construction, reconstruction, improvement, recondi-
tioning and preservation of rail freight facilities and intercity rail
passenger facilities and equipment; construction, reconstruction,
improvement, reconditioning and preservation of state, municipal and
privately owned ports; construction, reconstruction, improvement, recon-
ditioning and preservation of municipal airports; privately owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate instrumentality
for which federal funding is not available provided the project is
consistent with an approved airport layout plan; construction, recon-
struction, enhancement, improvement, replacement, reconditioning, resto-
ration, rehabilitation and preservation of state, county, town, city and
village roads, highways, parkways and bridges; and construction, recon-
struction, improvement, reconditioning and preservation of fixed ferry
facilities of municipal and privately owned ferry lines for transporta-
tion purposes, purposes authorized on or after the effective date of
this section. Beginning with disbursements made on and after the first
day of April, nineteen hundred ninety-three, moneys in such fund shall
be available to pay such costs or expenses made pursuant to appropri-
ations or reappropriations made during the state fiscal year which began
on the first of April, nineteen hundred ninety-two. Beginning the first
day of April, nineteen hundred ninety-three, moneys in such fund shall
also be used for transfers to the general debt service fund and the
revenue bond tax fund of amounts equal to that respectively required for
service contract and financing agreement payments as provided and
authorized by section three hundred eighty of the public authorities
law, section eleven of chapter three hundred twenty-nine of the laws of
S. 4208 55
nineteen hundred ninety-one, as amended, and sections sixty-eight-c and
sixty-nine-o of this chapter.
S 3. Paragraph a of subdivision 5 of section 89-b of the state finance
law, as amended by section 11 of part C of chapter 57 of the laws of
2014, is amended to read as follows:
a. Moneys in the dedicated highway and bridge trust fund shall,
following appropriation by the legislature, be utilized for: recon-
struction, replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village roads, highways,
parkways, and bridges thereon, to restore such facilities to their
intended functions; construction, reconstruction, enhancement and
improvement of state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for traffic mitigation activities; aviation
projects authorized pursuant to section fourteen-j of the transportation
law and for payments to the general debt service fund of amounts equal
to amounts required for service contract payments related to aviation
projects as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged in transportation construction and recon-
struction projects, including a revolving fund for working capital
loans, and a bonding guarantee assistance program in accordance with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion of real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and bridges meet or
exceed their optimum useful life; [expenses of control of snow and ice
on state highways by the department of transportation including but not
limited to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and for expenses of arterial maintenance
agreements with cities pursuant to section three hundred forty-nine of
the highway law;] personal services, nonpersonal services, and fringe
benefit costs of the department of transportation for bus safety
inspection activities, rail safety inspection activities, and truck
safety inspection activities; costs of engineering and administrative
services of the department of transportation, including but not limited
to fringe benefits; the contract services provided by private firms in
accordance with section fourteen of the transportation law; personal
services and nonpersonal services, for activities including but not
limited to the preparation of designs, plans, specifications and esti-
mates; construction management and supervision activities; costs of
appraisals, surveys, testing and environmental impact statements for
transportation projects; expenses in connection with buildings, equip-
ment, materials and facilities used or useful in connection with the
maintenance, operation, and repair of highways, parkways and bridges
thereon; and project costs for: construction, reconstruction, improve-
ment, reconditioning and preservation of rail freight facilities and
intercity rail passenger facilities and equipment; construction, recon-
struction, improvement, reconditioning and preservation of state, munic-
ipal and privately owned ports; construction, reconstruction, improve-
ment, reconditioning and preservation of municipal airports; privately
owned airports and aviation capital facilities, excluding airports oper-
S. 4208 56
ated by the state or operated by a bi-state municipal corporate instru-
mentality for which federal funding is not available provided the
project is consistent with an approved airport layout plan; and
construction, reconstruction, enhancement, improvement, replacement,
reconditioning, restoration, rehabilitation and preservation of state,
county, town, city and village roads, highways, parkways and bridges;
and construction, reconstruction, improvement, reconditioning and pres-
ervation of fixed ferry facilities of municipal and privately owned
ferry lines for transportation purposes, and the payment of debt service
required on any bonds, notes or other obligations and related expenses
for highway, parkway, bridge and project costs for: construction, recon-
struction, improvement, reconditioning and preservation of rail freight
facilities and intercity rail passenger facilities and equipment;
construction, reconstruction, improvement, reconditioning and preserva-
tion of state, municipal and privately owned ports; construction, recon-
struction, improvement, reconditioning and preservation of municipal
airports; privately owned airports and aviation capital facilities,
excluding airports operated by the state or operated by a bi-state
municipal corporate instrumentality for which federal funding is not
available provided the project is consistent with an approved airport
layout plan; construction, reconstruction, enhancement, improvement,
replacement, reconditioning, restoration, rehabilitation and preserva-
tion of state, county, town, city and village roads, highways, parkways
and bridges; and construction, reconstruction, improvement, recondition-
ing and preservation of fixed ferry facilities of municipal and private-
ly owned ferry lines for transportation purposes, purposes authorized on
or after the effective date of this section. Beginning with disburse-
ments made on and after the first day of April, nineteen hundred nine-
ty-three, moneys in such fund shall be available to pay such costs or
expenses made pursuant to appropriations or reappropriations made during
the state fiscal year which began on the first of April, nineteen
hundred ninety-two. Beginning the first day of April, nineteen hundred
ninety-three, moneys in such fund shall also be used for transfers to
the general debt service fund and the revenue bond tax fund of amounts
equal to that respectively required for service contract and financing
agreement payments as provided and authorized by section three hundred
eighty of the public authorities law, section eleven of chapter three
hundred twenty-nine of the laws of nineteen hundred ninety-one, as
amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
S 4. Subdivision 5 of section 89-b of the state finance law is amended
by adding two new paragraphs d and e to read as follows:
D. MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
BY THE LEGISLATURE FOR EXPENSES OF CONTROL OF SNOW AND ICE ON STATE
HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING BUT NOT LIMITED
TO PERSONAL SERVICES, NONPERSONAL SERVICES AND FRINGE BENEFITS, PAYMENT
OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNICIPALITIES PURSUANT
TO SECTION FIFTY-FIVE OF THE HIGHWAY LAW, EXPENSES OF CONTROL OF SNOW
AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT TO SECTION TWELVE
OF THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAINTENANCE AGREEMENTS
WITH CITIES PURSUANT TO SECTION THREE HUNDRED FORTY-NINE OF THE HIGHWAY
LAW SHALL NOT EXCEED:
(I) $252 MILLION FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN;
(II) $189 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN;
S. 4208 57
(III) $126 MILLION FOR FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND
NINETEEN; AND
(IV) $63 MILLION FOR FISCAL YEAR TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY.
(V) FOR FISCAL YEAR TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND
FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR EXPENSES OF CONTROL OF SNOW
AND ICE ON STATE HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING
BUT NOT LIMITED TO PERSONAL SERVICES, NONPERSONAL SERVICES AND FRINGE
BENEFITS, PAYMENT OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNI-
CIPALITIES PURSUANT TO SECTION FIFTY-FIVE OF THE HIGHWAY LAW, EXPENSES
OF CONTROL OF SNOW AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT
TO SECTION TWELVE OF THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAIN-
TENANCE AGREEMENTS WITH CITIES PURSUANT TO SECTION THREE HUNDRED FORTY-
NINE OF THE HIGHWAY LAW.
E. MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
BY THE LEGISLATURE FOR COSTS OF THE DEPARTMENT OF MOTOR VEHICLES,
INCLUDING BUT NOT LIMITED TO PERSONAL AND NONPERSONAL SERVICES SHALL NOT
EXCEED:
(I) $156 MILLION FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN;
(II) $117 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN;
(III) $78 MILLION FOR FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND
NINETEEN; AND
(IV) $39 MILLION FOR FISCAL YEAR TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY.
(V) FOR FISCAL YEAR TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND
FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR COSTS OF THE DEPARTMENT OF
MOTOR VEHICLES, INCLUDING BUT NOT LIMITED TO PERSONAL AND NONPERSONAL
SERVICES.
S 5. This act shall take effect immediately, provided that the amend-
ments to paragraph a of subdivision 5 of section 89-b of the state
finance law made by section two of this act shall be subject to the
expiration and reversion of such paragraph pursuant to section 2 of part
B of chapter 84 of the laws of 2002, as amended, when upon such date the
provisions of section three of this act shall take effect.
PART QQ
Section 1. Section 2 of part D of chapter 58 of the laws of 2013,
amending the vehicle and traffic law, relating to the hours of operation
of the department of motor vehicles, is amended to read as follows:
S 2. This act shall take effect immediately and shall expire and be
deemed repealed [two] FOUR years after such date.
S 2. This act shall take effect immediately.
PART RR
Section 1. Subdivision 14 of section 1854 of the public authorities
law, as added by chapter 83 of the laws of 1995, is amended to read as
follows:
14. (A) To apply for and to administer federal research and develop-
ment grants and other monies for the benefit of consumers.
S. 4208 58
(B) TO MAKE PAYMENTS TO FARM OPERATIONS, AS DEFINED BY SUBDIVISION
ELEVEN OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW,
FOR GRANTS ADMINISTERED BY THE AUTHORITY. PAYMENT OF SUCH GRANTS SHALL
BE MADE NO LATER THAN NINETY DAYS AFTER NOTIFICATION OF SUCH FUNDING
AWARD.
S 2. This act shall take effect immediately.
PART SS
Section 1. The state finance law is amended by adding a new section
97-u to read as follows:
S 97-U. THREE PHASE POWER REVOLVING LOAN PROGRAM. 1. THERE SHALL BE
ESTABLISHED IN EACH OF THE FOLLOWING COUNTIES: JEFFERSON, OSWEGO AND ST.
LAWRENCE; A REVOLVING LOAN FUND FOR THE PURPOSE OF PROVIDING FARMERS
WITH LOW INTEREST LOANS TO UPGRADE THEIR ELECTRICITY TO THREE PHASE
POWER. THE DURATION OF SUCH LOW INTEREST LOANS SHALL NOT EXCEED THIRTY
YEARS. THE AMOUNT OF FUNDS AVAILABLE FOR THE THREE PHASE POWER REVOLVING
LOAN PROGRAM IN EACH COUNTY SHALL BE SUBJECT TO A BUDGETARY APPROPRI-
ATION.
2. THE INDUSTRIAL DEVELOPMENT AGENCY IN EACH OF THE THREE COUNTIES
THAT ARE PART OF THE THREE PHASE POWER REVOLVING LOAN PROGRAM SHALL
PROMULGATE RULES AND REGULATIONS FOR THE PURPOSE OF CARRYING OUT THE
PROVISIONS OF THIS SECTION, INCLUDING ESTABLISHING:
(A) AN APPLICATION PROCESS WHEREBY FARMERS MAY APPLY FOR LOANS;
(B) CRITERIA AND STANDARDS FOR DETERMINING A FARMER'S ELIGIBILITY FOR
A LOAN;
(C) CRITERIA AND STANDARDS FOR DETERMINING THE PRIORITY TO BE GRANTED
AMONG THE THREE PHASE POWER PROJECTS;
(D) CRITERIA AND STANDARDS FOR DETERMINING THE AMOUNT OF FINANCIAL
ASSISTANCE TO BE PROVIDED TO A FARMER FOR A THREE PHASE POWER PROJECT;
AND
(E) CRITERIA AND STANDARDS TO BE USED IN DETERMINING THE LOAN REPAY-
MENT PERIODS AND THE TERMS OF ANY REPAYMENT AGREEMENTS.
3. THE COUNTY INDUSTRIAL DEVELOPMENT AGENCY SHALL PROVIDE LOW INTEREST
LOANS TO FARMERS WITHIN THE AMOUNTS AVAILABLE IN THE COUNTY'S THREE
PHASE POWER REVOLVING LOAN FUND ESTABLISHED PURSUANT TO THIS SECTION.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, any rules and regu-
lations necessary to implement the provisions of this act on its effec-
tive date are authorized to be promulgated on or before such date.
PART TT
Section 1. The public service law is amended by adding a new section
66-o to read as follows:
S 66-O. FUEL CELL INCENTIVE PROGRAM. 1. AS USED IN THIS SECTION:
(A) "ELECTRIC DISTRIBUTION COMPANY" MEANS AN INVESTOR-OWNED ELECTRIC
CORPORATION THAT DISTRIBUTES AND DELIVERS ELECTRICITY WITHIN THIS STATE
AND HAS ANNUAL REVENUES IN EXCESS OF TWO HUNDRED MILLION DOLLARS; AND
(B) "QUALIFIED FUEL CELL ELECTRIC GENERATING SYSTEM" MEANS: A SYSTEM
BASED ON A SOLID OXIDE, MOLTEN CARBONATE, PROTON EXCHANGE MEMBRANE OR
PHOSPHORIC ACID FUEL CELL THAT IS MANUFACTURED, INSTALLED AND OPERATED
IN ACCORDANCE WITH APPLICABLE GOVERNMENT AND INDUSTRY STANDARDS, AND
THAT IS OPERATED IN COMPLIANCE WITH ANY STANDARDS AND REQUIREMENTS
ESTABLISHED IN THIS CHAPTER OR BY ORDER OF THE PUBLIC SERVICE COMMIS-
SION.
S. 4208 59
2. WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE
COMMISSION SHALL COMMENCE THE CONSIDERATION OF MODIFICATIONS TO ITS
EXISTING PROGRAMS THAT ENCOURAGE THE DEVELOPMENT OF QUALIFIED FUEL CELL
ELECTRIC GENERATING SYSTEMS AND, NO LATER THAN JANUARY FIRST, TWO THOU-
SAND SIXTEEN, THE COMMISSION SHALL MAKE A DETERMINATION ESTABLISHING
MODIFICATIONS TO ITS EXISTING PROGRAMS THAT ENCOURAGE THE DEVELOPMENT OF
QUALIFIED FUEL CELL GENERATING SYSTEMS IN CONFORMANCE WITH THIS SECTION.
THE DEPARTMENT SHALL CONSULT WITH THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY IN THE PREPARATION OF ITS RECOMMENDATIONS TO THE
COMMISSION FOR SUCH DETERMINATION. THE PROGRAM MODIFICATIONS SHALL
REQUIRE:
(A) ADMINISTRATION BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY;
(B) PLANNED ANNUAL EXPENDITURES INCLUDING ALL COSTS OF A MINIMUM OF
FIFTY MILLION DOLLARS COMMENCING IN CALENDAR YEAR TWO THOUSAND SIXTEEN
AND SUSTAINED EACH YEAR THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-SIX;
(C) A DIVERSITY OF PROJECT SIZES, GEOGRAPHIC DISTRIBUTION, AND PARTIC-
IPATION AMONG CUSTOMER CLASSES, SUBJECT TO COST-EFFECTIVENESS CONSIDER-
ATIONS;
(D) INCENTIVE STRUCTURES THAT MAXIMIZE COST-EFFECTIVENESS AND PRACTI-
CALITY THROUGH COMPETITIVE PROCUREMENTS, STANDING-OFFERS, PRODUCTION
INCENTIVES OR CAPACITY INCENTIVES AT THE WHOLESALE OR RETAIL LEVEL AS IN
THE JUDGMENT OF THE COMMISSION, IN CONSULTATION WITH THE NEW YORK INDE-
PENDENT SYSTEM OPERATOR, PROVIDE FOR THE MOST EFFECTIVE PROGRAM;
(E) INCENTIVE STRUCTURES THAT TAKE INTO CONSIDERATION THE ECONOMIC
BENEFITS TO THE STATE OF NEW YORK;
(F) PROGRAM DESIGNS THAT TAKE INTO CONSIDERATION THE AVOIDANCE OF
LONG-TERM COSTS TO THE TRANSMISSION AND DISTRIBUTION SYSTEM AND MINIMI-
ZATION OF PEAK LOAD IN CONSTRAINED AREAS;
(G) ANNUAL REPORTS ON THE ACHIEVEMENTS AND EFFECTIVENESS OF THE
PROGRAM; AND
(H) SUCH OTHER ISSUES DEEMED APPROPRIATE BY THE COMMISSION.
S 2. Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
law, as renumbered by chapter 388 of the laws of 2011, are renumbered
sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
to read as follows:
S 1020-II. ESTABLISHMENT OF FUEL CELL INCENTIVE PROGRAM. 1. AS USED IN
THIS SECTION THE TERM "QUALIFIED FUEL CELL ELECTRIC GENERATING SYSTEM"
MEANS: A SYSTEM BASED ON A SOLID OXIDE, MOLTEN CARBONATE, PROTON
EXCHANGE MEMBRANE OR PHOSPHORIC ACID FUEL CELL THAT IS MANUFACTURED,
INSTALLED AND OPERATED IN ACCORDANCE WITH APPLICABLE GOVERNMENT AND
INDUSTRY STANDARDS, AND THAT IS INSTALLED IN THE AUTHORITY'S SERVICE
TERRITORY AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN.
2. THE AUTHORITY SHALL CONTINUE TO ENCOURAGE THE DEVELOPMENT OF QUALI-
FIED FUEL CELL ELECTRIC GENERATING SYSTEMS IN ITS SERVICE TERRITORY
THROUGH IMPLEMENTATION OF THE FUEL CELL INCENTIVE PROGRAM. THE PROGRAM
SHALL REQUIRE:
(A) PLANNED ANNUAL EXPENDITURES INCLUDING ALL COSTS OF AT MINIMUM
FIFTEEN MILLION DOLLARS COMMENCING IN CALENDAR YEAR TWO THOUSAND SIXTEEN
AND SUSTAINED EACH YEAR THROUGH CALENDAR YEAR TWO THOUSAND TWENTY-SIX;
(B) A DIVERSITY OF PROJECT TYPES;
(C) PROGRAM ADMINISTRATION AND DELIVERY;
(D) INCENTIVE STRUCTURES THAT TAKE INTO CONSIDERATION THE ECONOMIC
BENEFITS TO THE STATE OF NEW YORK;
(E) PROGRAM DESIGNS THAT TAKE INTO CONSIDERATION THE AVOIDANCE OF
LONG-TERM COSTS TO THE TRANSMISSION AND DISTRIBUTION SYSTEM AND MINIMI-
S. 4208 60
ZATION OF PEAK LOAD IN CONSTRAINED AREAS AND THAT MAXIMIZES COST-EFFEC-
TIVENESS THROUGH COMPETITIVE PROCUREMENTS;
(F) ANNUAL REPORTS ON THE ACHIEVEMENTS AND EFFECTIVENESS OF THE
PROGRAM; AND
(G) ANY OTHER OBJECTIVES THE AUTHORITY MAY ESTABLISH.
S 3. This act shall take effect immediately.
PART UU
Section 1. This act shall be known and may be cited as the "Energy
assessment cap and consumer cost relief act of 2015".
S 2. The public service law is amended by adding a new section 18 to
read as follows:
S 18. LIMIT ON SURCHARGE INCREASES. NOTWITHSTANDING ANY LAW, RULE,
REGULATION OR ORDER TO THE CONTRARY, THE COMMISSION SHALL NOT INCREASE
THE AMOUNT OF THE SURCHARGE OF THE SYSTEM BENEFIT CHARGE OR THE
SURCHARGE FOR THE RENEWABLE PORTFOLIO STANDARD OR THE SURCHARGE FOR THE
ENERGY EFFICIENCY PORTFOLIO STANDARD OR ANY SIMILAR FUND THAT MAY BE
CREATED BY ORDER OF THE COMMISSION BEFORE THE EFFECTIVE DATE OF THIS
SECTION, WHETHER SUCH FUND IS NEW OR IS A RESULT OF COMBINING ALL OR
SOME OF THE SURCHARGES REFERENCED HEREIN. NOTHING IN THIS SECTION SHALL
BE CONSTRUED AS TO PREVENT THE COMMISSION FROM LOWERING THE AMOUNT OF
ANY SURCHARGE EITHER INDIVIDUALLY OR COLLECTIVELY FROM THE AMOUNT
COLLECTED IN TWO THOUSAND FOURTEEN, EXCEPT THAT UNDER NO CIRCUMSTANCES
SHALL THE TOTAL COST OF THOSE CHARGES EXCEED THE TOTAL AGGREGATE AMOUNTS
IN TWO THOUSAND FOURTEEN.
S 3. Moratorium on new energy taxes and fees. Notwithstanding any law,
rule, regulation or order to the contrary, the public service commission
shall not establish any new surcharge assessment, tax or fee on energy
consumers, excepting those fees which may arise from an electric gener-
ating facility that provides notice of closure to such commission and a
reliability need is identified by the bulk system operator.
S 4. This act shall take effect immediately.
PART VV
Section 1. Legislative intent. The legislature hereby finds and
declares that the extension of natural gas distribution lines within the
state has multiple benefits to New Yorkers, including a reduction in
emissions with the resultant health benefits, increased economic activ-
ity with the creation of jobs through improved energy infrastructure,
energy cost savings to consumers, and improved energy efficiency.
Natural gas is the cleanest burning fossil fuel. It has a positive
impact on the environment by cutting emissions of particulate matter.
These emissions have been linked to heart and lung conditions and
contribute to asthma rates, particularly in urban areas.
Natural gas prices are at a low point and will result in increased
disposable income for consumers and improved operational efficiency for
business. Extending the state's natural gas distribution line infras-
tructure will create a positive business environment for manufacturers
and other businesses that are looking to stabilize their energy costs.
Natural gas distribution line extensions will spur economic development
in the business sector and create jobs.
This legislation will have the effect of protecting the state's
natural resources, including protecting its atmosphere, while at the
same time stimulating the development of new jobs and the economy.
S. 4208 61
S 2. The public service law is amended by adding a new section 27 to
read as follows:
S 27. EXPANSION PERMIT APPLICATIONS. ANY GAS CORPORATION OR COMBINA-
TION GAS AND ELECTRIC CORPORATION APPLYING FOR PERMITS IN CONNECTION
WITH THE EXPANSION OF NATURAL GAS DISTRIBUTION SERVICE THROUGH THE
EXTENSION OF EXISTING NATURAL GAS DISTRIBUTION LINES MAY CONFER WITH THE
COMMISSION TO OBTAIN ASSISTANCE IN FACILITATING CONTACTS WITH STATE
AGENCIES AND LOCAL GOVERNMENTS FOR PROCESSING AND REVIEWING PERMIT
APPLICATIONS TO ACHIEVE THE PROMPT AND EFFICIENT PROCESSING AND REVIEW
OF APPLICATIONS. THE COMMISSION MAY ACT AS LEAD AGENCY PURSUANT TO ARTI-
CLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, IN CONNECTION WITH SUCH
PERMIT APPLICATION BY A GAS CORPORATION OR COMBINATION GAS AND ELECTRIC
CORPORATION FRANCHISED UNDER THIS CHAPTER. THE DEPARTMENTS OF TRANSPOR-
TATION AND ENVIRONMENTAL CONSERVATION SHALL, TO THE MAXIMUM EXTENT
FEASIBLE, ESTABLISH PROCEDURES TO EXPEDITE PERMIT APPLICATIONS IN
CONNECTION WITH THE EXPANSION OF NATURAL GAS DISTRIBUTION SERVICE
THROUGH THE EXTENSION OF EXISTING NATURAL GAS DISTRIBUTION LINES.
S 3. The public service law is amended by adding a new section 18-d to
read as follows:
S 18-D. SURCHARGES. NOTWITHSTANDING ANY LAW, RULE, REGULATION OR ORDER
TO THE CONTRARY, THE COMMISSION SHALL, COMMENCING OCTOBER FIRST, TWO
THOUSAND FIFTEEN, DEDICATE NO LESS THAN FIFTY MILLION DOLLARS PER YEAR
FROM ASSESSMENTS INTENDED TO PROVIDE FUNDING TO ADVANCE CLEANER, MORE
RESILIENT, MORE EFFICIENT, LOCALIZED AND MORE AFFORDABLE ENERGY INFRAS-
TRUCTURE, AND TO ENHANCE THE GOALS OF THE STATE ENERGY PLAN, COLLECTED
BY GAS CORPORATIONS AND COMBINATION GAS AND ELECTRIC CORPORATIONS FROM
THEIR GAS CUSTOMERS. THESE FUNDS MUST BE USED FOR THE SUPPORT OF
CONSTRUCTION OF INFRASTRUCTURE DESIGNED TO EXTEND THE SUPPLY OF NATURAL
GAS FROM EXISTING LARGE CAPACITY INFRASTRUCTURE TO AREAS PRESENTLY NOT
SERVED BY NATURAL GAS INFRASTRUCTURE SUPPLY, INCLUDING BUT NOT LIMITED
TO NEW INDUSTRIAL (ESPECIALLY MANUFACTURING), COMMERCIAL, RESIDENTIAL OR
PUBLIC END-USE CUSTOMERS OF A GAS CORPORATION OR COMBINATION GAS AND
ELECTRIC CORPORATION PROVIDING SERVICE IN NEW YORK STATE WITH SUCH NEW
CUSTOMER'S CONSENT. THE COMMISSION SHALL ALLOCATE SUCH FUNDS TO GAS
CORPORATIONS AND COMBINATION GAS AND ELECTRIC CORPORATIONS THROUGH A
STAKEHOLDER PROCESS ESTABLISHED BY THE COMMISSION. SUCH STAKEHOLDER
PROCESS SHALL ESTABLISH RULES AND PROCEDURES FOR ALLOCATIONS PURSUANT TO
THIS SECTION CONSISTENT WITH THE PUBLIC POLICY GOALS OF THE STATE.
S 4. The public buildings law is amended by adding a new section 144
to read as follows:
S 144. CLEAN NATURAL GAS HEAT IN PUBLIC BUILDINGS. EACH CAPITAL
PROJECT FOR A PUBLIC BUILDING THAT INCLUDES THE INSTALLATION OR REPLACE-
MENT OF A BOILER FOR HEATING SHALL REQUIRE THE COMMISSIONER OF GENERAL
SERVICES TO UNDERTAKE A STUDY OF ENERGY EFFICIENCY, ENVIRONMENTAL EFFI-
CACY AND COST OF USING NATURAL GAS HEATING. SUCH STUDY SHALL CONSIDER
THE BENEFITS TO SURROUNDING COMMUNITIES IN THE EVENT THAT IT IS NECES-
SARY TO EXTEND A MAIN NATURAL GAS DISTRIBUTION PIPELINE IN EXCESS OF ONE
HUNDRED FEET TO OBTAIN SUCH SERVICES.
S 5. The real property tax law is amended by adding a new section
485-r to read as follows:
S 485-R. EXTENSION AND EXPANSION OF NATURAL GAS SUPPLY THROUGH THE
CONSTRUCTION OF NATURAL GAS DISTRIBUTION FACILITIES. 1. DEFINITIONS. (A)
FOR PURPOSES OF THIS SECTION, "NATURAL GAS DISTRIBUTION FACILITIES"
SHALL MEAN ANY MAIN LINE, SERVICE LINE AND APPURTENANT FACILITIES
CONSTRUCTED TO EXTEND EXISTING NATURAL GAS DISTRIBUTION LINE INFRASTRUC-
S. 4208 62
TURE TO NEW CUSTOMERS OF A GAS CORPORATION OR A COMBINATION GAS AND
ELECTRIC CORPORATION WITH THEIR CONSENT.
2. AFTER A PUBLIC HEARING, THE GOVERNING BODY OF A COUNTY, CITY, TOWN
OR VILLAGE MAY ADOPT A LOCAL LAW AND A SCHOOL DISTRICT, OTHER THAN A
SCHOOL DISTRICT SUBJECT TO ARTICLE FIFTY-TWO OF THE EDUCATION LAW, MAY
ADOPT A LOCAL LAW OR RESOLUTION TO GRANT AN EXEMPTION AUTHORIZED PURSU-
ANT TO THIS SECTION. A COPY OF SUCH LOCAL LAW OR RESOLUTION SHALL BE
FILED WITH THE COMMISSIONER AND THE TAX ASSESSOR OF SUCH COUNTY, CITY,
TOWN OR VILLAGE WHO PREPARES THE ASSESSMENT ROLL ON WHICH THE TAXES OF
SUCH COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT ARE LEVIED.
3. SUCH NATURAL GAS DISTRIBUTION FACILITIES SHALL BE EXEMPT TO THE
EXTENT OF THE INCREASE IN THE ASSESSED VALUE THEREOF ATTRIBUTABLE TO THE
CONSTRUCTION OF SUCH NATURAL GAS DISTRIBUTION FACILITIES. THE LENGTH OF
SUCH EXEMPTION AND THE PERCENTAGE OF ASSESSED VALUATION EXEMPT FROM
TAXATION SHALL BE SET FORTH IN SUCH LOCAL LAW OR RESOLUTION, BUT IN NO
EVENT SHALL IT EXCEED TEN YEARS.
4. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY A GAS
CORPORATION OR COMBINATION GAS AND ELECTRIC CORPORATION WITH APPROVAL
FROM THE PUBLIC SERVICE CORPORATION FOR CONSTRUCTION OF SUCH NATURAL GAS
DISTRIBUTION FACILITIES.
S 6. The real property tax law is amended by adding a new section
485-s to read as follows:
S 485-S. EXTENSION AND EXPANSION OF NATURAL GAS DISTRIBUTION FACILI-
TIES. 1. DEFINITIONS. (A) FOR PURPOSES OF THIS SECTION, "NATURAL GAS
DISTRIBUTION FACILITIES" SHALL MEAN ANY MAIN LINE, SERVICE LINE AND
APPURTENANT FACILITIES CONSTRUCTED TO EXTEND EXISTING NATURAL GAS
DISTRIBUTION LINE INFRASTRUCTURE TO NEW CUSTOMERS OF A GAS CORPORATION
OR A COMBINATION GAS AND ELECTRIC CORPORATION WITH THEIR CONSENT.
2. (A) WITHIN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AFTER
A PUBLIC HEARING, THE GOVERNING BODY OF SUCH A CITY MAY ADOPT A LOCAL
LAW OR RESOLUTION TO GRANT AN EXEMPTION AUTHORIZED PURSUANT TO THIS
SECTION. A COPY OF SUCH LOCAL LAW OR RESOLUTION SHALL BE FILED WITH THE
COMMISSIONER AND THE TAX ASSESSOR OF SUCH CITY WHO PREPARES THE ASSESS-
MENT ROLL ON WHICH THE TAXES OF SUCH CITY ARE LEVIED.
(B) SUCH NATURAL GAS DISTRIBUTION FACILITIES SHALL BE EXEMPT TO THE
EXTENT OF THE INCREASE IN THE ASSESSED VALUE THEREOF ATTRIBUTABLE TO THE
CONSTRUCTION OF SUCH NATURAL GAS DISTRIBUTION FACILITIES. THE LENGTH OF
SUCH EXEMPTION AND THE PERCENTAGE OF ASSESSED VALUATION EXEMPT FROM
TAXATION SHALL BE SET FORTH IN SUCH LOCAL LAW OR RESOLUTION, BUT IN NO
EVENT SHALL IT EXCEED TEN YEARS.
3. CONSTRUCTION OF NATURAL GAS DISTRIBUTION FACILITIES SHALL BE DEEMED
TO HAVE COMMENCED WHEN THE AGENCY OR DEPARTMENT OF THE CITY HAVING
JURISDICTION HAS ISSUED A PERMIT FOR CONSTRUCTION WORK AND SUCH WORK HAS
BEGUN IN GOOD FAITH IN ACCORDANCE WITH SUCH PERMIT.
4. APPLICATION FOR EXEMPTION UNDER THIS SECTION SHALL BE FILED WITH
THE ASSESSORS BETWEEN FEBRUARY FIRST AND MARCH FIFTEENTH OF THE CALENDAR
YEAR AND BASED ON APPROVAL BY THE PUBLIC SERVICE COMMISSION OF
CONSTRUCTION OF SUCH NATURAL GAS DISTRIBUTION FACILITIES, THE ASSESSORS
SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF THE EXEMPTION FROM
LOCAL AND MUNICIPAL TAXES. NO SUCH APPLICATION SHALL BE ACCEPTED BY THE
ASSESSORS UNLESS ACCOMPANIED BY AN APPROVAL FROM THE PUBLIC SERVICE
COMMISSION.
5. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY A GAS
CORPORATION OR COMBINATION GAS AND ELECTRIC CORPORATION WITH APPROVAL
FROM THE PUBLIC SERVICE CORPORATION FOR CONSTRUCTION OF SUCH NATURAL GAS
DISTRIBUTION FACILITIES.
S. 4208 63
S 7. Section 1001 of the public authorities law is amended by adding a
new undesignated paragraph to read as follows:
IT IS FURTHER DECLARED THAT THERE ARE SIGNIFICANT ECONOMIC BENEFITS
FROM THE EXTENSION OF NATURAL GAS DISTRIBUTION LINE INFRASTRUCTURE. A
CRITICAL ELEMENT OF NATURAL GAS DISTRIBUTION LINE EXTENSIONS IS THE
FINANCING OF THE CONSTRUCTION AND INVESTMENT NECESSARY FOR SUCH NATURAL
GAS DISTRIBUTION LINE EXTENSIONS. THE AUTHORITY IS AUTHORIZED TO MAKE
LOANS TO GAS CORPORATIONS AND COMBINED GAS AND ELECTRIC CORPORATIONS TO
EFFECTUATE THE EXTENSION OF EXISTING NATURAL GAS DISTRIBUTION LINE
INFRASTRUCTURE WHICH IS APPROVED BY THE PUBLIC SERVICE COMMISSION.
S 8. The public authorities law is amended by adding a new section
1005-b to read as follows:
S 1005-B. ADDITIONAL SPECIAL POWERS OF THE AUTHORITY WITH RESPECT TO
THE EXTENSION OF NATURAL GAS DISTRIBUTION LINE INFRASTRUCTURE. IN ORDER
TO EFFECTUATE THE PURPOSES OF THIS TITLE, THE AUTHORITY SHALL HAVE THE
FOLLOWING ADDITIONAL SPECIAL POWERS: TO EXTEND CREDIT AND MAKE LOANS TO
A GAS CORPORATION OR A COMBINED GAS AND ELECTRIC CORPORATION FRANCHISED
BY THE PUBLIC SERVICE COMMISSION IN CONNECTION WITH A NATURAL GAS
DISTRIBUTION LINE EXTENSION PROJECT APPROVED BY THE PUBLIC SERVICE
COMMISSION FOR COSTS INCURRED WITH SUCH PROJECTS COMPLETED OR NOT,
COMPLETED AT THE TIME OF SUCH CREDIT OR LOAN, WHICH CREDITS OR LOANS
MAY, BUT NEED NOT BE SECURED BY MORTGAGES, CONTRACTS OR OTHER INSTRU-
MENTS, UPON SUCH TERMS AND CONDITIONS AS THE CORPORATION MAY DEEM
REASONABLE IN CONNECTION WITH SUCH CREDITS OR LOANS. IN THE EXERCISE OF
POWERS GRANTED IN THIS SECTION IN CONNECTION WITH A NATURAL GAS DISTRIB-
UTION LINE EXTENSION PROJECT APPROVED BY THE PUBLIC SERVICE COMMISSION
FOR A GAS CORPORATION OR A COMBINED GAS AND ELECTRIC CORPORATION, TO
REQUIRE THE INCLUSION IN ANY CONTRACT, LOAN AGREEMENT OR OTHER INSTRU-
MENT, OF SUCH PROVISIONS FOR THE FINANCING OF SUCH PROJECT AND SUCH
OTHER FINANCIAL AND OTHER COVENANTS APPLYING TO SUCH GAS CORPORATIONS OR
A COMBINED GAS AND ELECTRIC CORPORATION, AS THE CORPORATION MAY DEEM
NECESSARY OR DESIRABLE AND TO DO ALL THINGS AND TO EXECUTE ALL INSTRU-
MENTS NECESSARY AND DESIRABLE IN CONNECTION THEREWITH. IN CONNECTION
WITH THE EXTENSION OF ANY SUCH CREDIT OR LOAN, THE AUTHORITY MAY FIX AND
COLLECT SUCH FEES AND CHARGES, INCLUDING BUT NOT LIMITED TO REIMBURSE-
MENT OF ALL COSTS OF FINANCING BY THE CORPORATION AS SHALL BE REASON-
ABLE. IN CONNECTION WITH SUCH EXTENSION OF CREDIT OR LOAN AS PROVIDED
FOR HEREIN SUCH GAS CORPORATION OR A COMBINED GAS AND ELECTRIC CORPO-
RATION SHALL SUBMIT TO THE AUTHORITY AN APPLICATION FOR THE EXTENSION OF
CREDIT OR LOAN AS SET FORTH IN THE APPLICATION. THE AUTHORITY MAY DENY
ANY SUCH APPLICATION FOR ANY REASON IT DEEMS IN THE PUBLIC INTEREST. THE
EXTENSION OF ANY SUCH CREDIT OR LOAN IS SUBJECT TO APPROVAL BY THE
PUBLIC SERVICE COMMISSION OF THE PROJECT OR PROJECTS FOR SUCH NATURAL
GAS DISTRIBUTION LINE EXTENSION.
S 9. Subdivision 1 of section 1010 of the public authorities law, as
amended by chapter 972 of the laws of 1969, is amended to read as
follows:
1. The authority shall have power and is hereby authorized from time
to time to issue its negotiable bonds in conformity with applicable
provisions of the uniform commercial code for the purpose of financing
any project authorized by this title, including the acquisition of any
real or personal property or facilities deemed necessary by the authori-
ty, AND FOR THE MAKING OF LOANS TO A GAS CORPORATION OR A COMBINATION
GAS AND ELECTRIC CORPORATION FRANCHISED BY THE PUBLIC SERVICE COMMISSION
FOR THE PURPOSES OF SECTION ONE THOUSAND FIVE-B OF THIS TITLE.
S 10. This act shall take effect immediately.
S. 4208 64
PART WW
Section 1. Notwithstanding any law, rule, regulation or order to the
contrary, the public service commission and the New York state energy
research and development authority shall ensure that the Green Bank
program is made available for the purposes of funding programs to assist
residential, multi-family building owners, and commercial owners with
installing improvements to heating and cooling systems including conver-
sions through the installation of a high efficiency boiler or furnace or
replacement of a burner in a boiler that results in incremental emis-
sions reductions and increased energy efficiency. Heating and cooling
improvement programs established pursuant to this section shall be
designed to increase efficiency by at least ten percent or reduce fuel
usage by at least ten percent and lead to a significant reduction in
carbon emissions as defined by the authority guidelines, developed after
consultation with the department of environmental conservation, provided
that such projects shall have a return on investment of five years or
less. The Green Bank shall seek to develop program guidelines that
provide a level of support that is pro rata to the increase in efficien-
cy, reduction of fuel use or reduction in emissions, such that enhance-
ments that result in the greatest environmental benefits are provided a
higher level of support.
S 2. The funding streams for the Green Bank shall be made available
for programs as described in section one of this act may consist of
monies derived from assessments on transmission and distribution compa-
nies under direct oversight of the public service commission collected
on or after July 1, 2006 and monies collected by auctions administered
under the regional greenhouse gas initiative or any other monies admin-
istered by the New York state energy research and development authority
that may be available for such purpose.
S 3. This act shall take effect immediately.
PART XX
Section 1. Section 5 of the public service law is amended by adding a
new subdivision 7 to read as follows:
7. A. THE COMMISSION MAY, AFTER NOTICE AND HEARING, FORBEAR FROM
APPLYING THE PROVISIONS OF SUBDIVISION TWO OF SECTION NINETY-ONE AND
SECTION NINETY-TWO, NINETY-NINE, ONE HUNDRED, ONE HUNDRED ONE OR ONE
HUNDRED ONE-A OF THIS CHAPTER TO A TELEPHONE CORPORATION, TELEPHONE
SERVICE, OR CLASS OF TELEPHONE CORPORATIONS OR TELEPHONE SERVICES AS
DEFINED IN COMMISSION REGULATIONS, IN ANY GEOGRAPHIC MARKET UPON A
DETERMINATION THAT:
(I) APPLICATION OF A PROVISION IS NOT NECESSARY TO ENSURE JUST AND
REASONABLE RATES AND CHARGES AND RATES THAT ARE NOT UNJUSTLY OR UNREA-
SONABLY DISCRIMINATORY;
(II) APPLICATION OF A PROVISION IS NOT NECESSARY FOR PROTECTION OF
CONSUMERS; AND
(III) FORBEARANCE FROM APPLYING A PROVISION IS CONSISTENT WITH THE
PUBLIC INTEREST, INCLUDING, BUT NOT LIMITED TO, PROMOTION OF COMPETITIVE
MARKET CONDITIONS AND COMPETITION AMONG PROVIDERS OF TELEPHONE SERVICES.
B. ANY TELEPHONE CORPORATION OR SUCH CLASS OF TELEPHONE CORPORATIONS
MAY PETITION THE COMMISSION FOR EXERCISE OF THE AUTHORITY GRANTED UNDER
THIS SUBDIVISION.
S. 4208 65
S 2. Subdivisions 1, 2, 4, 5 and 6 of section 222 of the public
service law are REPEALED and two new subdivisions 1 and 2 are added to
read as follows:
1. EXCEPT AS PROVIDED IN THIS SECTION, NO PERSON SHALL RENEW OR AMEND
A FRANCHISE RENEWAL, AND NO SUCH RENEWAL OR AMENDMENT SHALL BE EFFEC-
TIVE, UNLESS A COPY OF SUCH RENEWAL OR AMENDMENT HAS BEEN APPROVED BY
THE MUNICIPALITY, AND PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY
DAYS OF MUNICIPAL APPROVAL. SUCH RENEWAL OR AMENDMENT SHALL BE SUBJECT,
AT A MINIMUM, TO THE FRANCHISING STANDARDS SET FORTH IN THIS ARTICLE AND
THE RULES AND REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION.
2. RENEWALS AND AMENDMENTS SHALL BE DEEMED GRANTED FORTY-FIVE DAYS
AFTER THE RENEWAL OR AMENDMENT IS FILED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION UNLESS THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN
SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMIS-
SION'S REVIEW AND WRITTEN ORDER.
S 3. Section 2 of part R of chapter 57 of the laws of 2014, amending
the public service law relating to transfers of cable franchises, is
amended to read as follows:
S 2. This act shall take effect immediately and shall apply to any
application pending before the public service commission on such date
[and shall expire and be deemed repealed April 1, 2017].
S 4. This act shall take effect immediately; provided, however, that
section two of this act shall apply to franchises filed on or after the
date this act shall have become a law.
PART YY
Section 1. The public service law is amended by adding a new section
74 to read as follows:
S 74. NATURAL GAS SAFETY AND INFRASTRUCTURE REPLACEMENT PROGRAM. 1.
WITHIN AMOUNTS APPROPRIATED THEREFOR, THE DIRECTOR OF THE BUDGET IS
HEREBY AUTHORIZED TO APPROVE FUNDING TO PROMOTE THE REPLACEMENT OF BARE
STEEL PIPE AND CAST IRON PIPE USED FOR NATURAL GAS DISTRIBUTION AND
TRANSMISSION SYSTEMS AS PROVIDED FOR IN THIS SECTION.
2. THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO APPROVE FUNDING
FOR THE RELOCATION, RESTORATION, AND PROTECTION OF MUNICIPAL UNDERGROUND
INFRASTRUCTURE IN CONNECTION WITH THE REPLACEMENT OF BARE STEEL PIPE OR
CAST IRON PIPE USED FOR NATURAL GAS DISTRIBUTION AND TRANSMISSION
SYSTEMS APPROVED BY THE COMMISSION. SUCH FUNDING SHALL INCLUDE BUT NOT
BE LIMITED TO FINANCIAL ASSISTANCE TO MUNICIPALITIES TO DIRECTLY OFFSET
ANY COSTS RELATED TO MOVING, RECONFIGURING, MODIFYING, RESTORATION,
PAVING AND SUPPORTING MUNICIPAL UNDERGROUND INFRASTRUCTURE IN CONNECTION
WITH THE REPLACEMENT OF BARE STEEL PIPE OR CAST IRON PIPE.
3. THE DIRECTOR OF THE BUDGET IS AUTHORIZED TO ESTABLISH A PROGRAM OF
FINANCIAL ASSISTANCE IN THE FORM OF GRANTS TO MUNICIPALITIES FOR SUCH
RELOCATION AND PROTECTION OF MUNICIPAL UNDERGROUND INFRASTRUCTURE WORK
IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC SERVICE.
S 2. The state finance law is amended by adding a new section 89-i to
read as follows:
S 89-I. NATURAL GAS SAFETY AND INFRASTRUCTURE REPLACEMENT FUND. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS
THE "NATURAL GAS SAFETY AND INFRASTRUCTURE REPLACEMENT FUND". SUCH FUND
SHALL CONSIST OF MONEYS APPROPRIATED THEREFOR, AND ANY OTHER MONEYS
WHICH MAY BECOME AVAILABLE FOR SUCH PURPOSES FROM ANY OTHER SOURCE. ANY
INCOME OR INTEREST EARNED BY, OR INCREMENTAL TO, THE NATURAL GAS SAFETY
S. 4208 66
AND INFRASTRUCTURE REPLACEMENT FUND SHALL BE CREDITED TO SUCH FUND AND
AVAILABLE FOR SUCH PURPOSES.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that the public service
commission is authorized and directed to promulgate, on or before its
effective date, any and all rules and regulations, and take any other
measures necessary to implement this act.
PART ZZ
Section 1. Paragraphs d, f and g of subdivision 3 of section 33-0905
of the environmental conservation law, paragraph d as amended and para-
graph f as added by section 1 of part U of chapter 59 of the laws of
2004 and paragraph g as added by chapter 732 of the laws of 2005, are
amended to read as follows:
d. Except as provided in [paragraphs] PARAGRAPH e [and f] of this
subdivision, pesticide applicator certifications shall be valid for
three years after which every applicator shall recertify according to
the requirements then in effect. Certification identification cards
shall be valid for three years.
f. [Pesticide applicator certification for a commercial pesticide
applicator with only subcategory 3A-ornamentals, shade trees and turf or
only subcategory 3B-turf shall be valid for one year after which every
applicator shall recertify according to the requirements then in effect.
Certification identification cards for a commercial pesticide applicator
with only subcategory 3A-ornamentals, shade trees and turf or only
subcategory 3B-turf shall be valid for one year.
g.] The commissioner is authorized to provide all examinations, train-
ing materials, applications, and any other forms or written materials
necessary for a private and/or commercial applicator certification in
Spanish for applicants whose primary language is Spanish and for other
languages if the commissioner deems it necessary. The commissioner may
require applicants for registration of pesticides to make available
pesticide label information and instructions in Spanish and other
languages, when necessary, for applicators certified in Spanish or other
languages.
S 2. Subdivision 2 of section 33-0911 of the environmental conserva-
tion law, as amended by section 3 of part YY of chapter 59 of the laws
of 2009, is amended to read as follows:
2. [a. Except as provided in paragraph b of this subdivision, fees]
FEES for pesticide applicator certification shall be four hundred fifty
dollars for commercial pesticide applicator certification in one indi-
vidual category, one hundred fifty dollars for each additional category
and one hundred fifty dollars for each additional sub-category chosen.
For private applicators a fee of twenty-five dollars for the initial
certified private applicator and five dollars for subsequent applicators
on the same farm or business shall be charged at the time of initial
certification, renewal of certification or recertification.
[b. Fees for pesticide applicator certification for a commercial
pesticide applicator with only subcategory 3A-ornamentals, shade trees
and turf or only subcategory 3B-turf shall be two hundred dollars.]
S 3. This act shall take effect immediately.
PART AAA
S. 4208 67
Section 1. Paragraph (c) of subdivision 2 of section 503 of the vehi-
cle and traffic law is amended by adding a new subparagraph (v) to read
as follows:
(V) PROVIDED THAT FOR A SENIOR CITIZEN, THE RENEWAL FEE SHALL BE TEN
PERCENT LESS THAN THE FEES OTHERWISE REQUIRED BY THIS PARAGRAPH. FOR THE
PURPOSES OF THIS SUBPARAGRAPH, THE TERM "SENIOR CITIZEN" MEANS A PERSON
AT LEAST SIXTY-FIVE YEARS OF AGE.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART BBB
Section 1. The agriculture and markets law is amended by adding a new
article 25-BB to read as follows:
ARTICLE 25-BB
GROWN IN NEW YORK
SECTION 340. LEGISLATIVE INTENT.
341. GROWN IN NEW YORK PROGRAM, CREATED.
342. PURPOSES AND DUTIES OF THE DEPARTMENT.
343. CERTIFICATION MARK USE AND IMAGING.
344. LICENSING AGREEMENT.
345. REGISTRATION.
346. RULES AND REGULATIONS.
S 340. LEGISLATIVE INTENT. DESPITE AN INCREASING TREND AMONG AMERICANS
TO BUY LOCALLY GROWN FOODS, THERE ARE CURRENTLY INSUFFICIENT RESOURCES
AND INFORMATION AVAILABLE TO SUPPORT, ENCOURAGE AND FOSTER CONSUMER
PRODUCT AWARENESS AND PURCHASES OF LOCALLY MANUFACTURED PRODUCTS IN NEW
YORK STATE. BY DEFINING, BRANDING AND PROTECTING WHAT "GROWN IN NEW
YORK" MEANS, NEW YORK CAN CAPITALIZE AND PROTECT ITS AGRICULTURAL BUSI-
NESSES IN AN INCREASINGLY COMPETITIVE GLOBAL MARKET BY DISTINGUISHING
AND BUILDING PRIDE IN SUCH BUSINESSES. THE FURTHER PROMOTION AND EDUCA-
TION OF CONSUMERS ABOUT THE VALUES OF BUYING LOCAL IS A MUTUALLY BENEFI-
CIAL AND RECIPROCAL ENTERPRISE. NOT ONLY WILL NEW YORKERS BENEFIT FROM
HEALTHFUL CONSUMPTION BUT LOCAL BUSINESSES WILL BE STRENGTHENED AND NEW
BUSINESSES WILL CHOOSE TO GROW AND MAKE PRODUCTS IN NEW YORK, THUS
CREATING AND SECURING JOBS AND FOSTERING LOCAL ECONOMIES.
S 341. GROWN IN NEW YORK PROGRAM, CREATED. THE DEPARTMENT SHALL
CONDUCT A "GROWN IN NEW YORK" PROMOTIONAL CAMPAIGN TO INCREASE AWARENESS
AND CONSUMPTION OF LOCALLY GROWN AND PRODUCED FOODS AND RELATED PRODUCTS
AND TO INCREASE THE PRODUCTION AND IMPROVE THE DISTRIBUTION OF FOODS AND
RELATED PRODUCTS FOR LOCAL CONSUMPTION. IN THE PROGRAM, THE DEPARTMENT
SHALL EMPHASIZE THE DEVELOPMENT OF REGIONAL FOOD AND CULTURAL TOURISM
TRAILS AND THE DEVELOPMENT OF REGIONAL FOOD SYSTEMS THROUGH ACTIVITIES
SUCH AS CREATING A PROGRAM LOGO AND MAINTAINING RELATED MARKETING MATE-
RIALS; CREATING OR SUPPORTING NETWORKS OF PRODUCERS; AND STRENGTHENING
CONNECTIONS BETWEEN PRODUCERS, RETAILERS, INSTITUTIONS, AND CONSUMERS
AND NEARBY PRODUCERS. FUNDING FOR SUCH PROGRAM SHALL DERIVE FROM A
BUDGET APPROPRIATION THEREFOR BEGINNING IN THE FISCAL YEAR DURING WHICH
SUCH PROGRAM COMMENCES.
S 342. PURPOSES AND DUTIES OF THE DEPARTMENT. THE DEPARTMENT'S "GROWN
IN NEW YORK" CAMPAIGN SHALL INCLUDE, BUT NOT BE LIMITED TO: 1. DEVELOP-
MENT OF A "GROWN IN NEW YORK" LOGO AS THE OFFICIAL STATE EMBLEM TO IDEN-
TIFY PRODUCTS THAT ARE LOCALLY MANUFACTURED AND IN-KIND ADVERTISING
PROGRAMS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, A PROGRAM WEBSITE,
DISTRIBUTION OF PERIODICAL NEWSLETTERS, AND SOCIAL MEDIA NETWORKING AND
EDUCATIONAL AND TRAINING PROGRAMS APPRISING CONSUMERS ABOUT THE "GROWN
S. 4208 68
IN NEW YORK" CAMPAIGN AND THE VALUES AND BENEFITS OF BUYING LOCALLY
GROWN GOODS OR PRODUCTS;
2. CREATION OF ELIGIBILITY REQUIREMENTS THAT WILL PERMIT PARTICIPANTS
THE USE OF THE "GROWN IN NEW YORK" LOGO ON THEIR PRODUCTS AND REPRESENT
THAT SUCH PRODUCT WAS GROWN IN THIS STATE PROVIDED THAT SUCH PRODUCT HAS
AN AGRICULTURAL ORIGIN AND/OR COMPONENTS OF WHICH ARE NOT FEWER THAN
SEVENTY-FIVE PERCENT GROWN OR HARVESTED IN NEW YORK OR ITS SURFACE OR
COASTAL WATERS;
3. REGISTRATION OF PARTICIPANTS;
4. IDENTIFICATION AND FACILITATION OF OPPORTUNITIES TO INCREASE
CONSUMER DEMAND FOR LOCALLY GROWN GOODS OR PRODUCTS;
5. IDENTIFICATION AND FACILITATION OF OPPORTUNITIES TO ESTABLISH
AGREEMENTS WITH LOCAL GROWERS AND MANUFACTURERS FOR POTENTIAL MARKET-
PLACE EXPANSION OF PRODUCTS;
6. PROVIDING EDUCATIONAL OPPORTUNITIES FOR CONSUMERS REGARDING LOCAL
GROWTH AND MANUFACTURING OF PRODUCTS AND INITIATIVES TO FURTHER PROMOTE
THE BRAND; AND
7. DETERMINING FUNDING SOURCES AVAILABLE TO THE MANUFACTURING COMMUNI-
TY TO SUPPORT MARKETING, BRANDING AND PROMOTION OF LOCALLY GROWN BRAND-
ING EFFORTS.
S 343. CERTIFICATION MARK USE AND IMAGING. 1. THE CERTIFICATION MARK
SHALL ONLY BE APPLIED TO PRODUCTS THAT MEET THE ELIGIBILITY REQUIREMENTS
PROMULGATED BY THE DEPARTMENT. THE CERTIFICATION MARK MAY BE USED IN
ADVERTISEMENT IN CONJUNCTION WITH THE PHRASE, "LOOK FOR THIS MARK" OR
LIKE EXPRESSIONS. ADVERTISING, PROPOSITIONAL OR MERCHANDISING MATERIALS
WHICH BEAR THE CERTIFICATION MARK SHALL NOT MAKE OR CONTAIN ANY CLAIMS
WHICH ARE FALSE, MISLEADING OR DECEPTIVE, INCLUDING, BUT NOT LIMITED TO,
CLAIMS WHICH DISCREDIT OR DISPARAGE THE QUALITY, VALUE, SALE, OR USE OF
ANY COMPETING PRODUCT AND OTHERWISE COMPLY WITH ADVERTISING STANDARDS OF
ALL APPLICABLE LOCAL, STATE, AND FEDERAL LAWS.
2. PROGRAM PARTICIPANTS SHALL MAINTAIN RECORDS SUFFICIENT TO AUDIT
THROUGHOUT CERTIFICATION MARK USAGE FOR THE PURPOSES OF VERIFYING ONGO-
ING COMPLIANCE WITH ALL ELIGIBILITY REQUIREMENTS. PARTICIPANTS MAY BE
REQUIRED, UPON WRITTEN NOTICE BY THE DEPARTMENT, TO OBTAIN THE DEPART-
MENT'S APPROVAL PRIOR TO USE OF THE CERTIFICATION MARK FOR PARTICULAR
PRODUCTS AND MAY, AT ITS DISCRETION, REFUSE SUCH APPROVAL OR REVOKE USE
OF THE CERTIFICATION MARK IN PARTICULAR CASES IF SUCH USAGE IS DEEMED
INCONSISTENT WITH THE "GROWN IN NEW YORK" PROMOTIONAL CAMPAIGN.
3. THE CERTIFICATION MARK SHALL BE ISSUED BY THE DEPARTMENT AND SHALL
SERVE AS THE OFFICIAL STATE EMBLEM IDENTIFYING PRODUCTS THAT ARE "GROWN
IN NEW YORK." UPON ISSUANCE BY THE DEPARTMENT, THE CERTIFICATION MARKS
REPRODUCED BY PROGRAM PARTICIPANTS SHALL NOT BE ALTERED IN ANY WAY
PROVIDED, HOWEVER, THAT THE OVERALL SIZE OF THE CERTIFICATION MARK MAY
VARY. IN NO CASE SHALL A PROGRAM PARTICIPANT'S NAME AND/OR TRADEMARK BE
INSERTED WITHIN OR OVERLAP THE BOUNDARIES OF THE CERTIFICATION MARK.
PROGRAM PARTICIPANTS SHALL NOT USE THE CERTIFICATION MARK AS ITS OWN
MARK, OR AS THE EXCLUSIVE REPRESENTATION OF SUCH PARTICIPANTS.
S 344. LICENSING AGREEMENT. PROGRAM PARTICIPANTS SHALL FULLY EXECUTE A
LICENSING AGREEMENT, THE PROVISIONS OF WHICH SHALL INCLUDE:
1. THE PURPOSE OF THE "GROWN IN NEW YORK" CAMPAIGN AS PROVIDED IN
SECTION THREE HUNDRED FORTY OF THIS ARTICLE;
2. THE OWNERSHIP AND PROTECTION OF THE "GROWN IN NEW YORK" CERTIF-
ICATION MARK;
3. STATEMENTS BY THE PARTICIPANTS ACKNOWLEDGING THAT THE CERTIFICATION
MARK AND GOOD WILL ARE THE PROPERTY OF THE DEPARTMENT;
S. 4208 69
4. AGREEMENT BY THE PARTICIPANT TO REFRAIN FROM ACTING SO AS TO DIMIN-
ISH THE VALUE OF THE CERTIFICATION MARK AND TO COOPERATE WITH THE
DEPARTMENT IN ITS EFFORTS TO PROTECT THE CERTIFICATION MARK;
5. AGREEMENT BY THE PARTICIPANT TO MAINTAIN RECORDS EVIDENCING COMPLI-
ANCE WITH THE TERMS AND CONDITIONS OF THE LICENSING AGREEMENT;
6. A STATEMENT OF INDEMNIFICATION EXCUSING THE DEPARTMENT, THE STATE
OF NEW YORK, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIREC-
TORS, AND AGENTS FROM ANY CLAIMS, ACTIONS, SUITS, INJURIES, DAMAGES,
COSTS, EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, AND/OR
OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH USE OF THE
CERTIFICATION MARK, BREACH OF THE AGREEMENT, AND/OR PROMOTION, SALE, USE
OR CONSUMPTION OF PARTICIPANTS' PRODUCTS; AND
7. AN AGREEMENT AWARDING ATTORNEY'S FEES TO THE PREVAILING PARTY IN
ANY ACTION ARISING OUT OF A DISPUTE OVER THE LICENSING AGREEMENT.
S 345. REGISTRATION. ANY PERSON OR CORPORATION THAT PARTICIPATES IN
THE "GROWN IN NEW YORK" PROGRAM SHALL REGISTER ANNUALLY WITH THE DEPART-
MENT IN A FORM AND MANNER AS REQUIRED BY THE DEPARTMENT. EACH PERSON OR
CORPORATION SHALL RENEW THEIR REGISTRATION ON THE ANNIVERSARY DATE OF
ORIGINAL MEMBERSHIP.
S 346. RULES AND REGULATIONS. THE DEPARTMENT SHALL PROMULGATE RULES
AND REGULATIONS FOR THE PURPOSES OF FULFILLING THE OBJECTIVES OF THIS
ARTICLE ON ITS EFFECTIVE DATE, INCLUDING RULES FOR ENTERING INTO
CONTRACTS WITH ADVERTISING AGENCIES FOR SERVICES WHICH ARE DIRECTLY
RELATED TO THE "GROWN IN NEW YORK" CAMPAIGN. THE DEPARTMENT SHALL
FURTHER DETERMINE, BY RULE, THE LOGOS OR PRODUCT IDENTIFIERS TO BE
DEPICTED FOR USE IN ADVERTISING, PUBLICIZING, AND PROMOTION OF NEW YORK
AGRICULTURAL PRODUCTS OR AGRICULTURAL-BASED PRODUCTS IN THE "GROWN IN
NEW YORK" CAMPAIGN. THE DEPARTMENT MAY ALSO ADOPT RULES NOT INCONSISTENT
WITH THE PROVISIONS OF THIS ARTICLE AS IN ITS JUDGMENT MAY BE NECESSARY
FOR PARTICIPANT REGISTRATION, RENEWAL OF REGISTRATION, APPLICATION
FORMS, AS WELL AS OTHER FORMS AND ENFORCEMENT MEASURES ENSURING COMPLI-
ANCE WITH THIS ARTICLE.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such date.
PART CCC
Section 1. Section 1 of chapter 882 of the laws of 1953, constituting
the waterfront commission act is amended by adding a new article VII-A
to read as follows:
ARTICLE VII-A
CARGO FACILITY CHARGES
1. AS USED IN THIS ARTICLE:
(A) "BILL OF LADING" MEANS A DOCUMENT EVIDENCING THE RECEIPT OF GOODS
FOR SHIPMENT ISSUED BY A PERSON ENGAGED IN THE BUSINESS OF TRANSPORTING
OR FORWARDING GOODS.
(B) "CARGO FACILITY CHARGE" MEANS ANY FEE APPLICABLE TO CARGO AND
CARGO CONTAINERS DISCHARGED FROM, OR LOADED ONTO, VESSELS AT ANY MARINE
FACILITY OWNED OR OPERATED BY THE PORT AUTHORITY.
(C) "CARRIER" MEANS A CARRIER AS THAT TERM IS DEFINED IN 49 U.S.C. S.
13102.
S. 4208 70
(D) "CONTAINER" MEANS ANY RECEPTACLE, BOX, CARTON, OR CRATE WHICH IS
SPECIFICALLY DESIGNED AND CONSTRUCTED SO THAT IT MAY BE REPEATEDLY USED
FOR THE CARRIAGE OF FREIGHT BY AN OCEAN COMMON CARRIER.
(E) "MARINE TERMINAL OPERATOR" MEANS ANY PERSON, CORPORATION, PARTNER-
SHIP, OR ANY BUSINESS ORGANIZATION WHICH SHALL OPERATE AND MAINTAIN ANY
OF THE MARINE TERMINALS ESTABLISHED, ACQUIRED, CONSTRUCTED, REHABILI-
TATED, OR IMPROVED BY THE PORT AUTHORITY BY MEANS OF AND THROUGH LEASING
AGREEMENTS ENTERED INTO BY ANY SUCH PERSON, CORPORATION, PARTNERSHIP, OR
ANY BUSINESS ORGANIZATION WITH THE PORT AUTHORITY.
(F) "OCEAN COMMON CARRIER" MEANS AN OCEAN COMMON CARRIER AS THAT TERM
IS DEFINED IN 46 U.S.C. S.40102.
(G) "RAIL CARRIER" MEANS A RAIL CARRIER AS THAT TERM IS DEFINED IN 49
U.S.C. S. 10102.
(H) "TARIFF" MEANS A MARINE TERMINAL OPERATOR SCHEDULE AS THAT TERM IS
DEFINED IN 46 C.F.R. 525.2.
(I) "USER" MEANS:
(1) ANY PERSON, COMPANY, OR OTHER ENTITY THAT IS NAMED AS THE SHIPPER
OR CONSIGNEE ON THE OCEAN COMMON CARRIER BILL OF LADING ISSUED FOR
EXPORT OR IMPORT CARGO, OR ANY PERSON OWNING OR ENTITLED TO THE
POSSESSION, OR HAVING A PAST OR FUTURE INTEREST IN, THE EXPORT OR IMPORT
CARGO;
(2) IN THE CASE OF NEGOTIABLE BILLS OF LADING, ANY OTHER PERSON,
COMPANY, OR OTHER ENTITY THAT IS A BONA FIDE HOLDER OF THE BILL OF
LADING OR WHO IS ENTITLED TO RECEIVE DELIVERY OF EXPORT CARGO OR IMPORT
CARGO; OR
(3) ANY OTHER BAILOR OF EXPORT OR IMPORT CARGO.
2. NOTWITHSTANDING ANY LAW, RULE, REGULATION, OR EXISTING TARIFF TO
THE CONTRARY, THE PORT AUTHORITY SHALL NOT ASSESS A USER, OCEAN COMMON
CARRIER, MARINE TERMINAL OPERATOR, CARRIER, OR RAIL CARRIER A CARGO
FACILITY CHARGE ON IMPORT AND EXPORT CARGO LEAVING ANY MARINE FACILITY
OWNED OR OPERATED BY THE PORT AUTHORITY, EXCEPT THAT THE PORT AUTHORITY
MAY ASSESS A USER, OCEAN COMMON CARRIER, MARINE TERMINAL OPERATOR,
CARRIER, OR RAIL CARRIER A CARGO FACILITY CHARGE UPON WRITTEN MUTUAL
AGREEMENT BETWEEN THE USER, OCEAN COMMON CARRIER, MARINE TERMINAL OPERA-
TOR, CARRIER, OR RAIL CARRIER AND THE PORT AUTHORITY.
S 2. This act shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey shall have already enacted such
legislation, then it shall take effect immediately; and provided that
the waterfront commission shall notify the legislative bill drafting
commission upon the occurrence of the enactment of the legislation
provided for in section one of this act in order that the commission may
maintain an accurate and timely effective data base of the official text
of laws of the state of New York in furtherance of effecting the
provisions of section 44 of the legislative law and section 70-b of the
public officers law.
PART DDD
Section 1. Sections 1, 1-a, 1-b, 1-c, 1-d, 2, 3, 3-a, 3-b, 3-c, 3-d,
4, 4-a, 4-b, 4-c, 5, 7, 8, 9 and 10 of chapter 43 of the laws of 2014
amending the vehicle and traffic law and other laws relating to estab-
lishing in the counties of Nassau and Suffolk a demonstration program
implementing speed violation monitoring systems in school speed zones by
means of photo devices are REPEALED.
S. 4208 71
S 2. Paragraph 2 of subdivision (a) of section 1180-b of the vehicle
and traffic law, as added by chapter 189 of the laws of 2013, is amended
to read as follows:
2. No photo speed violation monitoring system shall be used in a
school speed zone unless (i) on the day it is to be used it has success-
fully passed a self-test of its functions; and (ii) it has undergone an
annual calibration check performed pursuant to paragraph four of this
subdivision. The city [may] SHALL install signs, giving notice OF SCHOOL
SPEED ZONES AND that a photo speed violation monitoring system is in use
to be mounted on advance warning signs notifying motor vehicle operators
of such upcoming school speed zone and/or on speed limit signs applica-
ble within such school speed zone, in conformance with standards estab-
lished in the MUTCD.
S 3. Subdivision (b) of section 1180-b of the vehicle and traffic law,
as added by chapter 189 of the laws of 2013, is amended to read as
follows:
(b) If the city of New York establishes a demonstration program pursu-
ant to subdivision (a) of this section, the owner of a vehicle shall be
liable for a penalty imposed pursuant to this section if such vehicle
was used or operated with the permission of the owner, express or
implied, within a school speed zone in violation of subdivision (c) or
during the times authorized pursuant to subdivision (a) of this section
in violation of subdivision (b), (d), (f) or (g) of section eleven
hundred eighty of this article, such vehicle was traveling at a speed of
more than ten miles per hour above the posted speed limit in effect
within such school speed zone, and such violation is evidenced by infor-
mation obtained from a photo speed violation monitoring system; provided
however that no owner of a vehicle shall be liable for a penalty imposed
pursuant to this section where the operator of such vehicle has been
convicted of the underlying violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this article. NOTWITHSTAND-
ING ANY LAW TO THE CONTRARY, IF THE CITY OF NEW YORK ADOPTS A DEMON-
STRATION PROGRAM PURSUANT TO THIS SECTION, THE NET PROCEEDS OF ANY
PENALTY, AFTER EXPENSES OF ADMINISTRATION, RESULTING FROM A PHOTO SPEED
VIOLATION MONITORING SYSTEM USED IN THE COURSE OF THIS PROGRAM IN THE
CITY OF NEW YORK SHALL BE UTILIZED FOR PROGRAMS RELATED TO IMPROVING
PUBLIC SAFETY AND/OR SCHOOL SAFETY IN THAT CITY.
S 4. The opening paragraph of subdivision (n) of section 1180-b of the
vehicle and traffic law, as added by chapter 189 of the laws of 2013, is
amended to read as follows:
If the city adopts a demonstration program pursuant to [subdivision]
PARAGRAPH one OF SUBDIVISION (A) of this section it shall conduct a
study and submit a report ANNUALLY on the results of the use of photo
devices to the governor, the temporary president of the senate and the
speaker of the assembly NO LATER THAN THE FIRST DAY OF DECEMBER. Such
report shall include:
S 5. This act shall take effect immediately, provided, however, that:
a. sections two, three and four of this act shall take effect on the
one hundred eightieth day after it shall have become a law; and
b. the amendments to section 1180-b of the vehicle and traffic law
made by sections two, three and four of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.
PART EEE
S. 4208 72
Section 1. The public authorities law is amended by adding a new
section 553-j to read as follows:
S 553-J. VERRAZANO-NARROWS BRIDGE; TOLL DISCOUNTS. NOTWITHSTANDING ANY
INCONSISTENT PROVISIONS OF LAW, THE SAME ELECTRONIC TOLL COLLECTION
DISCOUNT PROGRAMS THAT EXIST FOR REGISTERED VEHICLES TO RESIDENTS OF THE
COUNTY OF RICHMOND AT THE VERRAZANO-NARROWS BRIDGE, WHERE TOLLS ARE
COLLECTED IN THE STATEN ISLAND-BOUND DIRECTION, SHALL BE PROVIDED TO
RESIDENTS OF THE COUNTY OF KINGS WHO RESIDE WITHIN ANY ZIP CODE WITHIN
TWELVE MILES OF THE ANCHORAGE ON THE BROOKLYN SIDE OF THE VERRAZANO-NAR-
ROWS BRIDGE. TOLL DISCOUNTS WILL BE PROVIDED IN ACCORDANCE WITH PROCE-
DURES AND UNDER SUCH TERMS AND CONDITIONS AS FROM TIME TO TIME MAY BE
PRESCRIBED BY THE AUTHORITY. SUCH PROCEDURES AND TERMS MAY PRESCRIBE AND
REQUIRE MINIMUM TRIP USAGE, MINIMUM PURCHASE, MINIMUM DEPOSITS AND/OR
ADMINISTRATIVE SERVICE FEES ON ACCOUNTS OR EQUIPMENT. APPLICATION AND
REGISTRATION FOR ANY PROGRAM AND PAYMENT DEVICES SHALL BE MADE IN SUCH
MANNER AS PRESCRIBED BY THE AUTHORITY AND SHALL CONTAIN SUCH INFORMATION
AS THE AUTHORITY MAY REASONABLY REQUIRE. THE METROPOLITAN TRANSPORTATION
AUTHORITY SHALL PAY ONE HUNDRED PERCENT OF THE COSTS RELATED TO THE
IMPLEMENTATION AND OPERATION OF THIS SECTION.
S 2. This act shall take effect immediately.
PART FFF
Section 1. Section 73-d of the transportation law, as amended by
chapter 562 of the laws of 1987, is amended to read as follows:
S 73-d. Interagency coordinating committee on rural public transporta-
tion. 1. There is hereby created a committee to be known as the "inter-
agency coordinating committee on rural public transportation", to be
comprised of nineteen members. The commissioner or his or her designee
shall serve as chairperson. Twelve of such members shall be the follow-
ing or his or her duly designated representative: the director of the
office for the aging; the commissioner of education; the commissioner of
labor; the commissioner of health; the commissioner of the office of
mental health; the commissioner of the office [of mental retardation
and] FOR PEOPLE WITH developmental disabilities; the commissioner of
social services; state advocate for the disabled; secretary of state;
commissioner of agriculture and markets; the director of the office of
rural affairs and the director of the division for youth. Six additional
members, all of whom shall be transportation providers or consumers
representing rural counties shall be appointed to serve a term of three
years as follows: two by the president pro-tempore of the senate, two by
the speaker of the assembly, one by the minority leader of the senate,
and one by the minority leader of the assembly. Efforts shall be made to
provide a broad representation of consumers and providers of transporta-
tion services in rural counties when making such appointments. Members
of the committee shall receive no salary.
The commissioner shall cause the department to provide staff assist-
ance necessary for the efficient and effective operation of the commit-
tee.
2. The committee shall[:] MEET QUARTERLY AND SHALL REPORT TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
ASSEMBLY ANNUALLY, BEGINNING OCTOBER FIRST, TWO THOUSAND FIFTEEN. THE
ANNUAL REPORT SHALL:
A. IDENTIFY EXISTING RURAL TRANSPORTATION SYSTEMS AND DESCRIBE RIDER-
SHIP, REVENUE, AND FINANCIAL CHALLENGES FOR EACH SYSTEM;
S. 4208 73
B. IDENTIFY RURAL POPULATIONS CURRENTLY UTILIZING PUBLIC TRANSPORTA-
TION, AS WELL AS POPULATIONS IN NEED OF PUBLIC TRANSPORTATION WITHOUT
ACCESS, AND DISCUSS RECOMMENDATIONS FOR MAINTAINING AND EXPANDING
SERVICES;
C. INCLUDE A BREAKDOWN BY COUNTY OF COST SAVINGS, MODES OF TRANSPORTA-
TION PROVIDED TO MEDICAID PATIENTS, AND RATES OF UTILIZATION OF PUBLIC
TRANSPORTATION BY MEDICAID PATIENTS;
D. identify programs and the annual amounts and sources of funds from
such programs that are eligible to be used to support a coordinated
public transportation service, and the annual amounts and sources of
such funds that are actually used for client transportation or for
transportation of persons in connection with agency-affiliated programs
or services; such data shall be provided on a county basis;
[b.] E. identify restrictions on existing programs that inhibit funds
from such programs being used to pay for a coordinated public transpor-
tation service in rural counties;
[c.] F. recommend changes in state or local laws or regulations that
would improve the coordination of funds, facilities, vehicles or equip-
ment and other resources used for transportation at the local level;
[d.] G. upon request, compile and forward to the commissioner any data
or other information required by this section.
S 2. This act shall take effect immediately.
PART GGG
Section 1. Subdivision 5 of section 88-a of the state finance law is
amended by adding a new paragraph (d) to read as follows:
(D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMP-
TROLLER IS HEREBY AUTHORIZED AND DIRECTED TO TRANSFER FROM THE GENERAL
FUND FOR DEPOSIT INTO THE PUBLIC TRANSPORTATION SYSTEM OPERATING ASSIST-
ANCE ACCOUNT, ON OR BEFORE MARCH THIRTY-FIRST OF EACH YEAR, AN AMOUNT
EQUAL TO THE FOLLOWING:
(I) FOR THE STATE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND
SIXTEEN, THREE MILLION FIVE HUNDRED SEVENTY-FOUR THOUSAND DOLLARS;
(II) IN EACH SUCCEEDING STATE FISCAL YEAR, THE TRANSFER SHALL EQUAL
THE PRODUCT OF ONE HUNDRED EIGHTY-TWO MILLION TWO HUNDRED SIXTY-FOUR
THOUSAND ONE HUNDRED DOLLARS AND ONE PLUS THE GROWTH FACTOR. FOR THE
PURPOSES OF THIS SUBPARAGRAPH, THE GROWTH FACTOR IS THE PERCENTAGE, IF
ANY, BY WHICH THE AGGREGATE AMOUNT OF SALES AND COMPENSATING USE TAXES
IMPOSED PURSUANT TO THE AUTHORITY OF SUBPART B OF PART I OF ARTICLE
TWENTY-NINE OF THE TAX LAW, FOR THE TWELVE MONTH PERIOD ENDING ON DECEM-
BER THIRTY-FIRST OF THE IMMEDIATELY PRECEDING CALENDAR YEAR EXCEEDS THE
AGGREGATE AMOUNT OF SUCH SALES AND COMPENSATING USE TAXES FOR THE TWELVE
MONTH PERIOD ENDING ON DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN. IN
NO YEAR WILL THE AMOUNT OF THE DEPOSIT AUTHORIZED UNDER THIS SECTION BE
LESS THAN THE AMOUNT MADE IN THE PRIOR YEAR.
S 2. Subdivision 7 of section 88-a of the state finance law is amended
by adding a new paragraph (c) to read as follows:
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, BEGINNING IN
THE FISCAL YEAR ENDING MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, IF:
(I) THE RATE OF GROWTH IN THE MOST RECENT YEAR OF THE AGGREGATE AMOUNT
OF REVENUE DEPOSITED IN THE METROPOLITAN MASS TRANSPORTATION OPERATING
ASSISTANCE ACCOUNT FOR THE TWELVE MONTH PERIOD ENDING ON DECEMBER THIR-
TY-FIRST OF THE IMMEDIATELY PRECEDING CALENDAR YEAR EXCEEDS THE AGGRE-
GATE AMOUNT OF REVENUE DEPOSITED IN THE ACCOUNT FOR THE TWELVE MONTH
S. 4208 74
PERIOD ENDING ON DECEMBER THIRTY-FIRST, OF THE YEAR PRIOR TO THE IMME-
DIATELY PRECEDING CALENDAR YEAR, IS LESS THAN
(II) THE RATE OF GROWTH IN THE MOST RECENT YEAR OF THE AGGREGATE
AMOUNT OF SALES AND COMPENSATING USE TAXES IMPOSED PURSUANT TO THE
AUTHORITY OF SUBPART B OF PART I OF ARTICLE TWENTY-NINE OF THE TAX LAW,
FOR THE TWELVE MONTH PERIOD ENDING ON DECEMBER THIRTY-FIRST OF THE IMME-
DIATELY PRECEDING CALENDAR YEAR EXCEEDS THE AGGREGATE AMOUNT OF SUCH
SALES AND COMPENSATING USE TAXES FOR THE TWELVE MONTH PERIOD ENDING ON
DECEMBER THIRTY-FIRST, OF THE YEAR PRIOR TO THE IMMEDIATELY PRECEDING
CALENDAR YEAR, THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO
TRANSFER FROM THE GENERAL FUND FOR DEPOSIT INTO THE METROPOLITAN MASS
TRANSPORTATION OPERATING ASSISTANCE ACCOUNT, ON OR BEFORE MARCH THIRTY-
FIRST OF EACH YEAR, AN AMOUNT EQUAL TO THE DIFFERENCE, IF ANY, BETWEEN
THE AGGREGATE AMOUNT OF REVENUE DEPOSITED IN THE METROPOLITAN MASS
TRANSPORTATION OPERATING ASSISTANCE ACCOUNT IN THE MOST RECENT YEAR AND
THE PRODUCT OF THE AGGREGATE AMOUNT OF REVENUE DEPOSITED IN THE METRO-
POLITAN MASS TRANSPORTATION OPERATING ASSISTANCE ACCOUNT IN THE MOST
RECENT YEAR AND THE GROWTH RATE IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
IN NO YEAR WILL THE AMOUNT OF THE DEPOSIT AUTHORIZED UNDER THIS SECTION
BE LESS THAN THE AMOUNT MADE IN THE PRIOR YEAR.
S 3. This act shall take effect immediately.
PART HHH
Section 1. The public authorities law is amended by adding a new
section 1884 to read as follows:
S 1884. CLEAN ENERGY RURAL DEVELOPMENT PROGRAM. 1. THE AUTHORITY SHALL
DEDICATE AT LEAST TEN MILLION DOLLARS IN GRANT FUNDING ANNUALLY TO
RENEWABLE ENERGY OR ENERGY EFFICIENT PROJECTS ON FARM OPERATIONS,
INCLUDING, BUT NOT LIMITED TO SOLAR INSTALLATIONS, THE CONSTRUCTION OF
NEW ANAEROBIC DIGESTER SYSTEMS, THREE PHASE POWER, AND SMALL SCALE WIND
NOT DESIGNED FOR THE PRODUCTION OF POWER PRIMARILY FOR SALE TO THE ELEC-
TRICAL GRID.
2. THE AUTHORITY SHALL SUBMIT TO THE GOVERNOR, THE SPEAKER OF THE
ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE ASSEM-
BLY ENERGY COMMITTEE, THE RANKING MINORITY MEMBER OF THE ASSEMBLY ENERGY
COMMITTEE, THE CHAIR OF THE SENATE ENERGY AND TELECOMMUNICATIONS COMMIT-
TEE, THE RANKING MINORITY MEMBER OF THE SENATE ENERGY AND TELECOMMUNI-
CATIONS COMMITTEE, THE CHAIR OF THE ASSEMBLY CORPORATIONS, AUTHORITIES
AND COMMISSIONS COMMITTEE, THE RANKING MINORITY MEMBER OF THE ASSEMBLY
CORPORATIONS, AUTHORITIES AND COMMISSIONS COMMITTEE, THE CHAIR OF THE
SENATE CORPORATIONS, AUTHORITIES AND COMMISSIONS COMMITTEE, THE RANKING
MINORITY MEMBER OF THE SENATE CORPORATIONS, AUTHORITIES AND COMMISSIONS
COMMITTEE AND THE CHAIR OF THE RENEWABLE ENERGY SUBCOMMITTEE IN THE
ASSEMBLY AN ANNUAL ACCOUNTING OF THE GRANT DISBURSEMENTS, INCLUDING A
BRIEF DESCRIPTION OF EACH PROJECT THAT RECEIVED FUNDING.
S 2. This act shall take effect on the ninetieth day after it shall
have become law.
PART III
Section 1. The economic development law is amended by adding a new
article 22 to read as follows:
ARTICLE 22
EMPIRE PUBLIC WORKS PROGRAM
SECTION 500. SHORT TITLE.
S. 4208 75
501. DEFINITIONS.
502. APPLICATION REVIEW COMMITTEE.
503. EMPIRE PUBLIC WORKS PROGRAM.
504. LOANS.
S 500. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "EMPIRE PUBLIC WORKS PROGRAM".
S 501. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "COMMITTEE" MEANS THE APPLICATION REVIEW COMMITTEE ESTABLISHED
PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS ARTICLE.
2. "ELIGIBLE APPLICANT" MEANS ANY STATE AGENCY, PUBLIC AUTHORITY,
MUNICIPAL CORPORATION AS DEFINED IN SECTION TWO OF THE GENERAL MUNICIPAL
LAW, PUBLIC UTILITY COMPANY AS DEFINED IN SECTION TWO OF THE PUBLIC
SERVICE LAW, OR WATER AND SEWER DISTRICT.
3. "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY THAT IS
SUBJECT TO THIS ARTICLE.
4. "MANUFACTURED IN THE UNITED STATES" MEANS: (A) IN THE CASE OF AN
IRON OR STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED
STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COAT-
INGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL
ADDITIVES; AND (B) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL
BE CONSIDERED MANUFACTURED IN THE UNITED STATES IF:
(I) ALL OF ITS MANUFACTURING PROCESSES TAKE PLACE IN THE UNITED
STATES, AND
(II) MORE THAN SIXTY PERCENT OF THE COMPONENTS OF THE MANUFACTURED
GOOD, BY COST, ARE OF DOMESTIC ORIGIN. IF, UNDER THE TERMS OF THIS
SUBPARAGRAPH, A COMPONENT IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS
ENTIRE COST MAY BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF
AN END PRODUCT.
5. "PROGRAM" MEANS THE EMPIRE WORKS PROGRAM ESTABLISHED PURSUANT TO
THIS ARTICLE.
6. "UNITED STATES" MEANS THE UNITED STATES OF AMERICA, AND INCLUDES
ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO THE JURISDICTION OF
THE UNITED STATES.
7. "MEANINGFUL JOB CREATION AND RETENTION" MEANS COMMITTING TO CREATE
A MINIMUM OF SEVENTY-FIVE NEW JOBS WITHIN TWO YEARS, AND A RETENTION OF
AT LEAST FIFTY PERCENT OF THE JOBS CREATED FOR AT LEAST FOUR YEARS, AS A
RESULT OF THE LOAN APPROVAL PURSUANT TO THE PROGRAM. "JOB CREATION"
MEANS THOSE NEW POSITIONS CREATED AND FILLED, INCLUDING APPRENTICESHIPS,
THAT ARE FILLED AS A RESULT OF THE LOAN PROVIDED PURSUANT TO THE
PROGRAM. "JOBS RETAINED" MEANS THOSE FILLED POSITIONS THAT ARE RETAINED,
INCLUDING APPRENTICESHIPS, AS A RESULT OF THE LOAN PURSUANT TO THE
PROGRAM.
S 502. APPLICATION REVIEW COMMITTEE. 1. THERE SHALL BE ESTABLISHED,
WITHIN THE EMPIRE STATE DEVELOPMENT AUTHORITY, AN APPLICATION REVIEW
COMMITTEE FOR THE PURPOSE OF RECEIVING, REVIEWING, AND GRANTING OR DENY-
ING LOAN APPLICATIONS SUBMITTED PURSUANT TO THIS ARTICLE.
2. THE COMMITTEE SHALL BE COMPOSED OF THE FOLLOWING MEMBERS:
(A) THE COMMISSIONER, OR HIS OR HER DESIGNEE;
(B) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, OR HIS OR HER
DESIGNEE;
(C) THE COMMISSIONER OF TRANSPORTATION, OR HIS OR HER DESIGNEE;
(D) THE COMMISSIONER OF LABOR, OR HIS OR HER DESIGNEE; AND
(E) THREE MEMBERS, HAVING EXPERTISE IN CRITICAL INFRASTRUCTURE
PROJECTS, ECONOMIC DEVELOPMENT OR JOB CREATION, WITH ONE MEMBER
APPOINTED BY EACH OF THE FOLLOWING:
(I) THE GOVERNOR;
S. 4208 76
(II) THE TEMPORARY PRESIDENT OF THE SENATE; AND
(III) THE SPEAKER OF THE ASSEMBLY.
3. VACANCIES IN THE MEMBERSHIP OF THE COMMITTEE SHALL BE FILLED IN THE
MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. FURTHERMORE, THE MEMBERS OF
THE COMMITTEE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT
SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS ARTICLE.
4. THE COMMITTEE, IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE,
SHALL ESTABLISH STANDARDS FOR THE SUBMISSION AND REVIEW OF APPLICATIONS
UNDER THE PROGRAM. THE COMMITTEE SHALL ACCEPT APPLICATIONS ON A
YEAR-ROUND BASIS, PROVIDED, HOWEVER, ONLY APPLICATIONS SUBMITTED ON OR
BEFORE THE THIRTY-FIRST OF MARCH SHALL BE CONSIDERED FOR THE GRANTING OF
LOANS DURING THE SUCCEEDING STATE FISCAL YEAR. ALL APPLICATIONS SHALL BE
EVALUATED, DETERMINED AND PRIORITIZED BASED ON THE FOLLOWING ATTRIBUTES
OF THE PROJECT TO WHICH SUCH APPLICATION RELATES:
(A) THE CRITICAL INFRASTRUCTURE NEED ADDRESSED BY THE PROJECT;
(B) THE JOB TRAINING COMPONENT OF THE PROJECT, INCLUDING, FOR
CONSTRUCTION WORK, DEPARTMENT OF LABOR REGISTERED APPRENTICE PROGRAMS
AND PRE-APPRENTICE PROGRAMS WITH DEPARTMENT OF LABOR APPROVED DIRECT
ENTRY AGREEMENTS WITH REGISTERED APPRENTICE PROGRAMS;
(C) THE REGIONAL OR STATEWIDE NEEDS ADDRESSED BY THE PROJECT; AND
(D) THE STATEWIDE AND COMMUNITY ECONOMIC AND/OR ENVIRONMENTAL BENEFITS
OF THE PROJECT.
S 503. EMPIRE PUBLIC WORKS PROGRAM. 1. THE EMPIRE PUBLIC WORKS PROGRAM
IS ESTABLISHED WITHIN THE EMPIRE STATE DEVELOPMENT CORPORATION. THE
PROGRAM SHALL PROVIDE LOANS TO ELIGIBLE APPLICATIONS FOR ELIGIBLE
PROJECTS.
2. PROJECTS WHICH ARE ELIGIBLE FOR LOANS UNDER THE PROGRAM SHALL
INCLUDE:
(A) BRIDGE REPAIR PROJECTS;
(B) CITY, COUNTY AND STATE ROAD AND HIGHWAY PROJECTS;
(C) PROJECTS TO MITIGATE THE IMPACTS OF CLIMATE CHANGE INCLUDING:
EROSION MITIGATION, FLOOD CONTROL, WETLAND AND SOIL PRESERVATION AND
RESTORATION, AND THE HARDENING OF INFRASTRUCTURE;
(D) WATER AND SEWER PROJECTS INCLUDING DRAINAGE;
(E) PUBLIC UTILITY PROJECTS INCLUDING THE HARDENING OF SUCH UTILITIES;
(F) TUNNEL PROJECTS;
(G) PUBLIC MASS TRANSIT PROJECTS, INCLUDING BUSES, RAIL AND SUBWAYS;
AND
(H) PARK AND RECREATIONAL FACILITY PROJECTS.
3. ALL ELIGIBLE PROJECTS SHALL BE LOCATED WITHIN THE STATE AND SHALL
PROVIDE FOR MEANINGFUL JOB CREATION AND RETENTION AS THE RESULT THEREOF.
EACH APPLICANT SHALL INCLUDE A DESCRIPTION OF THE JOBS TO BE CREATED BY
APPROVAL OF ITS LOAN APPLICATION AND AN ESTIMATE OF THE NUMBER OF JOBS
TO BE CREATED OR RETAINED AND EXPRESSED AS THE "FULL-TIME EQUIVALENT".
NO ENVIRONMENTAL REMEDIATION PROJECT SHALL BE ELIGIBLE FOR ASSISTANCE
PURSUANT TO THIS ARTICLE.
4. EACH ELIGIBLE APPLICANT MAY SUBMIT AN APPLICATION TO THE COMMITTEE
FOR A LOAN FOR AN ELIGIBLE PROJECT. THE COMMITTEE SHALL ACCEPT, REVIEW
AND MAKE A DETERMINATION ON EACH APPLICATION WITHIN SIXTY DAYS OF ITS
RECEIPT.
5. THE PROCEEDS OF A LOAN RECEIVED PURSUANT TO THIS ARTICLE SHALL BE
USED FOR THE COMPLETION OF THE ELIGIBLE PROJECT, INCLUDING PRE-DESIGN
STUDIES, LAND ACQUISITION AND REMEDIATION, BUILDING CONSTRUCTION,
MACHINERY, EQUIPMENT, FIXTURES, INVENTORY, RENOVATION AND MODERNIZATION,
S. 4208 77
AND JOB TRAINING, PROVIDED THAT AT LEAST FIFTY PERCENT OF THE LOAN VALUE
IS USED FOR CONSTRUCTION AND TRAINING.
6. ALL PROJECTS FUNDED BY A LOAN PURSUANT TO THIS ARTICLE WHERE ALL OR
ANY PORTION THEREOF INVOLVES A LEASE OR AGREEMENT FOR CONSTRUCTION,
DEMOLITION, RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENO-
VATION, ALTERATION OR IMPROVEMENT SHALL BE DEEMED PUBLIC WORKS PROJECTS,
AND SHALL BE SUBJECT TO AND PERFORMED IN ACCORDANCE WITH THE PROVISIONS
OF ARTICLE EIGHT OF THE LABOR LAW TO THE SAME EXTENT AND IN THE SAME
MANNER AS A CONTRACT OF THE STATE, AND COMPLIANCE WITH ALL THE
PROVISIONS OF SUCH ARTICLE SHALL BE REQUIRED OF ANY LESSEE, SUBLESSEE,
CONTRACTOR OR SUBCONTRACTOR ON THE PROJECT INCLUDING THE ENFORCEMENT OF
PREVAILING WAGE REQUIREMENTS BY THE FISCAL OFFICER AS DEFINED IN PARA-
GRAPH E OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THE LABOR
LAW TO THE SAME EXTENT AS A CONTRACT OF THE STATE.
7. FOR ELIGIBLE APPLICANTS WHICH ARE AWARDED A LOAN FOR AN ELIGIBLE
PROJECT, SUCH LOAN, INCLUDING LOAN GUARANTEES, LINES OF CREDIT, CREDIT
ENHANCEMENTS, EQUIPMENT FINANCING LEASES, BOND INSURANCE AND OTHER FORMS
OF FINANCIAL ASSISTANCE, SHALL NOT BE LESS THAN TWO HUNDRED FIFTY THOU-
SAND DOLLARS NOR MORE THAN SEVEN HUNDRED FIFTY MILLION DOLLARS.
8. THE COMMITTEE MAY CONSIDER THE APPLICANT'S WILLINGNESS TO REQUIRE
ITS CONSTRUCTION CONTRACTORS TO ENTER INTO A PROJECT LABOR AGREEMENT FOR
THE CONSTRUCTION WORK INVOLVED WITH THE PROJECT FUNDED BY THE LOAN
PURSUANT TO THE PROGRAM, IF IT CAN BE DETERMINED THAT THE APPLICANT'S
PROPRIETARY INTEREST IN A COST EFFECTIVE, SAFE AND EFFICIENT PROJECT IS
BEST MET BY REQUIRING A PROJECT LABOR AGREEMENT.
S 504. LOANS. 1. ALL LOANS GRANTED PURSUANT TO THIS ARTICLE SHALL BE
SUBJECT TO SUCH TERMS AND CONDITIONS AS SHALL BE DETERMINED BY THE
EMPIRE STATE DEVELOPMENT CORPORATION.
2. LOANS AWARDED IN ACCORDANCE WITH THIS ARTICLE SHALL BE SUBJECT TO
RATES OF INTEREST ESTABLISHED BY THE EMPIRE STATE DEVELOPMENT CORPO-
RATION, WHICH SHALL BE LOWER THAN THOSE OF THE MUNICIPAL BOND MARKET.
ALL FEES SET BY SUCH CORPORATION SHALL REFLECT THE AMOUNT OF THE LOAN
AND THE SIZE OF THE PROJECT TO WHICH THE LOAN RELATES.
3. THE TERM OF LOAN GRANTED PURSUANT TO THIS ARTICLE SHALL NOT EXCEED
THIRTY YEARS OR THE PERIOD OF PROBABLE USEFULNESS OF THE PROJECT
PRESCRIBED BY SECTION 11.00 OF THE LOCAL FINANCE LAW, WHICHEVER SHALL BE
LESS.
4. THE TERMS OF EACH LOAN SHALL INCLUDE PROVISIONS REQUIRING COMPET-
ITIVE BIDDING ON THE GOODS AND SERVICES NECESSARY FOR THE COMPLETION OF
THE PROJECT.
5. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CONTRACT FOR
THE CONSTRUCTION, RECONSTRUCTION, ALTERATION OR IMPROVEMENT OF A PUBLIC
BUILDING OF PUBLIC WORKS MADE BY A PUBLIC AGENCY FINANCED THROUGH A LOAN
AWARD SHALL CONTAIN A PROVISION THAT THE IRON, STEEL AND MANUFACTURED
PRODUCTS USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY
SUBCONTRACT THERETO AND PERMANENTLY INCORPORATED INTO THE PUBLIC BUILD-
ING OR PUBLIC WORKS SHALL BE MANUFACTURED IN THE UNITED STATES.
(B) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELI-
ABLE BIDDER AND NO BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID
OFFERED BY SUCH BIDDER WILL COMPLY WITH THE CONTRACT TERM REQUIRED BY
PARAGRAPH (A) OF THIS SUBDIVISION.
(C) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT
APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF A
PUBLIC AGENCY FINDS:
(I) THAT THE APPLICATION OF THIS SECTION WOULD BE INCONSISTENT WITH
THE PUBLIC INTEREST;
S. 4208 78
(II) THAT SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN THE UNITED
STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
FACTORY QUALITY; OR
(III) THAT INCLUSION OF DOMESTIC MATERIAL WILL INCREASE THE COST OF
THE OVERALL PROJECT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT.
(D) IF THE EXECUTIVE HEAD OF A PUBLIC AGENCY RECEIVES A REQUEST FOR A
WAIVER UNDER PARAGRAPH (C) OF THIS SUBDIVISION, THE COMMITTEE SHALL
PROVIDE NOTICE OF AND AN OPPORTUNITY FOR PUBLIC COMMENT ON THE REQUEST
AT LEAST THIRTY DAYS BEFORE MAKING A FINDING BASED ON THE REQUEST.
(E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
(I) SUMMARIZE THE INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING
THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER SUBPARA-
GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
(II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
THE AGENCY; AND
(III) BE PROVIDED BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO-
RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
TO THE DATE OF NOTICE.
(F) IF THE COMMITTEE ISSUES A WAIVER UNDER PARAGRAPH (C) OF THIS
SUBDIVISION, THE EXECUTIVE HEAD OF A PUBLIC AGENCY SHALL PUBLISH IN THE
SAME MANNER AS THE ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE
WAIVER THAT:
(I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
SUBDIVISION; AND
(II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
(G) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
THAT ANY PERSON INTENTIONALLY:
(I) AFFIXED A LABEL BEARING A "MADE IN AMERICA" INSCRIPTION, OR ANY
INSCRIPTION WITH THE SAME MEANING, TO ANY IRON, STEEL OR MANUFACTURED
PRODUCT USED IN PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR
SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR
(II) REPRESENTED THAT ANY IRON, STEEL OR MANUFACTURED PRODUCT USED IN
PROJECTS TO WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED IN THE
UNITED STATES, WAS PRODUCED IN THE UNITED STATES; THEN THAT PERSON SHALL
BE INELIGIBLE TO RECEIVE ANY CONTRACT OR SUBCONTRACT WITH THIS STATE
PURSUANT TO THE DEBARMENT OR SUSPENSION PROVISIONS PROVIDED UNDER
SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE LAW.
(H) THIS SUBDIVISION SHALL BE APPLIED IN A MANNER CONSISTENT WITH THE
STATE'S OBLIGATIONS UNDER ANY APPLICABLE INTERNATIONAL AGREEMENTS
PERTAINING TO GOVERNMENT PROCUREMENT.
S 2. The state finance law is amended by adding a new section 81 to
read as follows:
S 81. EMPIRE PUBLIC WORKS REVOLVING LOAN FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE
KNOWN AS THE "EMPIRE PUBLIC WORKS REVOLVING LOAN FUND".
2. THE FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR ITS PURPOSE,
ALL MONEYS TRANSFERRED TO SUCH FUND PURSUANT TO LAW, AND ALL MONEYS
REQUIRED BY THIS SECTION OR ANY OTHER LAW TO BE PAID INTO OR CREDITED TO
THIS FUND, INCLUDING ALL MONEYS RECEIVED BY THE FUND OR DONATED TO IT,
PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS MADE FROM THE FUND PURSUANT
TO ARTICLE TWENTY-TWO OF THE ECONOMIC DEVELOPMENT LAW, AND ANY INTEREST
EARNINGS WHICH MAY ACCRUE FROM THE INVESTMENT OR REINVESTMENT OF MONEYS
IN THE FUND.
S. 4208 79
3. MONEYS IN THE FUND, WHEN ALLOCATED, SHALL BE MADE AVAILABLE TO THE
EMPIRE STATE DEVELOPMENT CORPORATION TO MAKE LOANS AS PROVIDED IN ARTI-
CLE TWENTY-TWO OF THE ECONOMIC DEVELOPMENT LAW.
S 3. This act shall take effect immediately.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through III of this act shall
be as specifically set forth in the last section of such Parts.
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