S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5093
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   distinctive "Long Island Sound" license plates; and to amend the state
   finance  law, in relation to establishing the "Long Island Sound envi-
   ronmental fund"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 404-ff to read as follows:
   § 404-FF. DISTINCTIVE "LONG  ISLAND  SOUND"  LICENSE  PLATES.  1.  ANY
 PERSON  RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A DISTINC-
 TIVE "LONG ISLAND SOUND" LICENSE PLATE  OF  A  DESIGN  APPROVED  BY  THE
 COMMISSIONER.  APPLICATION FOR SAID LICENSE PLATE SHALL BE FILED IN SUCH
 FORM AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE.
   2. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION SHALL BE ISSUED
 IN THE SAME MANNER AS OTHER NUMBER PLATES UPON THE PAYMENT OF THE  REGU-
 LAR  REGISTRATION  FEE  PRESCRIBED  BY  SECTION FOUR HUNDRED ONE OF THIS
 ARTICLE, PROVIDED, HOWEVER, THAT AN ADDITIONAL ANNUAL SERVICE CHARGE  OF
 TWENTY-FIVE  DOLLARS  SHALL  BE  CHARGED FOR SUCH PLATE. SUCH ADDITIONAL
 SERVICE CHARGE SHALL BE DEPOSITED PURSUANT TO SECTION FOUR HUNDRED FOUR-
 OO OF THIS ARTICLE TO THE CREDIT OF THE  DEPARTMENT  OF  MOTOR  VEHICLES
 DISTINCTIVE PLATE DEVELOPMENT FUND, ESTABLISHED BY SECTION NINETY-FIVE-G
 OF  THE STATE FINANCE LAW, AND SHALL BE USED FOR THE PRODUCTION, DESIGN,
 ADVERTISING AND MARKETING OF DISTINCTIVE NUMBER PLATES; PROVIDED, HOWEV-
 ER, THAT ADDITIONAL ANNUAL SERVICE CHARGES COLLECTED IN  EXCESS  OF  SIX
 THOUSAND  DOLLARS  SHALL  BE  DEPOSITED TO THE CREDIT OF THE LONG ISLAND
 SOUND ENVIRONMENTAL FUND ESTABLISHED PURSUANT TO  SECTION  NINETY-SEVEN-
 ZZZZ OF THE STATE FINANCE LAW.
   §  2. The state finance law is amended by adding a new section 97-zzzz
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02734-01-3
              

 A. 5093                             2
 
   § 97-ZZZZ. LONG ISLAND SOUND ENVIRONMENTAL FUND. 1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY OF THE COMMISSIONER OF TAXATION AND
 FINANCE, THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF  ENVIRONMENTAL
 CONSERVATION, A SPECIAL FUND TO BE KNOWN AS THE "LONG ISLAND SOUND ENVI-
 RONMENTAL FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO SECTION
 FOUR  HUNDRED  FOUR-FF  OF  THE  VEHICLE  AND TRAFFIC LAW, AND ALL OTHER
 MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
 OR SOURCE PURSUANT TO LAW.
   3. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR,  THE  COMPTROLLER
 SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
 ER  OF  THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF
 THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED  IN
 THE  LONG  ISLAND SOUND ENVIRONMENTAL FUND DURING THE PRECEDING CALENDAR
 YEAR AS A RESULT OF THE REVENUE DERIVED PURSUANT TO SECTION FOUR HUNDRED
 FOUR-FF OF THE VEHICLE AND TRAFFIC LAW.
   4. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE  COMMISSIONER
 OF  ENVIRONMENTAL  CONSERVATION  SHALL  PROVIDE  A WRITTEN REPORT TO THE
 TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE
 SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND  MEANS  COMMIT-
 TEE,  CHAIR OF THE SENATE COMMITTEE ON ENVIRONMENTAL CONSERVATION, CHAIR
 OF THE ASSEMBLY ENVIRONMENTAL CONSERVATION COMMITTEE,  THE  STATE  COMP-
 TROLLER  AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONEYS OF THE
 FUND WERE  UTILIZED  DURING  THE  PRECEDING  CALENDAR  YEAR,  AND  SHALL
 INCLUDE:
   (A)  THE AMOUNT OF MONEY DISBERSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (B) RECIPIENTS OF AWARDS FROM THE FUND;
   (C) THE AMOUNT AWARDED TO EACH;
   (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONEYS WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.
   5.  MONEYS OF THE FUND SHALL BE EXPENDED ONLY TO NOT-FOR-PROFIT CORPO-
 RATIONS, EDUCATIONAL  ORGANIZATIONS  OR  LOCAL  GOVERNMENTS  UNDERTAKING
 PROJECTS  AIMED  AT THE BEAUTIFICATION OF AND ENVIRONMENTAL IMPROVEMENTS
 TO THE LONG ISLAND SOUND, INCLUDING BUT NOT LIMITED  TO,  WATER  QUALITY
 PROJECTS,  HABITAT  RESTORATION PROJECTS, EDUCATION, RESEARCH, IMPROVING
 PUBLIC ACCESS TO THE SOUND, OR RECREATIONAL OPPORTUNITIES.
   6. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF ENVIRONMENTAL CONSERVATION.
   7. TO  THE  EXTENT  PRACTICABLE,  THE  COMMISSIONER  OF  ENVIRONMENTAL
 CONSERVATION  SHALL ENSURE THAT ALL MONEYS RECEIVED DURING A FISCAL YEAR
 ARE EXPENDED PRIOR TO THE END OF SUCH FISCAL YEAR.
   § 3. 1. A distinctive plate established pursuant to section 404-ff  of
 the  vehicle and traffic law, as added by section one of this act, shall
 only be designed, produced and issued upon the delivery to  the  depart-
 ment  of  motor  vehicles of a surety bond in the amount of six thousand
 dollars, which shall be executed by a surety company authorized  by  the
 department  of  financial  services  to transact business in this state.
 Provided, however, that if the commissioner of motor vehicles shall have
 received prior to the plate design, production and issuance at least two
 hundred orders for such distinctive plate together with  the  additional
 annual  service  charge  applicable  to  each such order, which shall be
 A. 5093                             3
 
 non-refundable, no such surety bond shall be required. All such  service
 charges  shall be deposited pursuant to the provisions of section 404-oo
 of the vehicle and traffic law to the credit of the department of  motor
 vehicles  distinctive plate development fund established by section 95-g
 of the state finance law and shall be used for the  design,  production,
 advertising and distribution of distinctive license plates in accordance
 with such section 95-g.
   2.  If, upon the expiration of two years following the date upon which
 distinctive plates in the series  are  first  available  for  sale,  two
 hundred  or more sets of such plates are sold, a bond delivered pursuant
 to this section shall be discontinued. If fewer than two hundred sets of
 such plates are sold by such time,  the  department  of  motor  vehicles
 shall be entitled to recover against the bond an amount proportionate to
 such shortfall.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a law; provided, however, that section three of
 this act shall take effect immediately. Effective immediately, the addi-
 tion, amendment and/or repeal of any rule or  regulation  necessary  for
 the  implementation  of this act on its effective date are authorized to
 be made and completed on or before such effective date.